Vol. CLIII.] Part 791.
CENTRAL CRIMINAL COURT
HELD MAY 31ST, 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.
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, May 31st, 1910, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir WM. GRANTHAM , Knight, one of the Justices of His Majesty's High Court; Sir WALTER WILKIN , K. C. M. G.; Sir MARCUS SAMUEL , Bart.; Sir WM. PURDIE TRELOAR, Bart.; Sir DAVID BURNETT , Knight, Sir CHAS. CHEERS WAKEFIELD, Knight; and Sir HORACE B. MARSHALL, Knight, 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 RENTOUL, K.C., Commissioner, HisMajesty'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. EIGHTH SESSION.
LONDON AND MIDDLESEX CASES.
Before THE RECORDER.
(Wednesday, June 1.)
HOLFORD, James Henry Edward (36, no occupation), who pleaded guilty last session (see page 52) of obtaining credit by fraud other than false pretences, was now released on his own recognisances in £100 to come up for judgment if called upon.
RICKFORD, Frederick Blandy (47, estate agent), who pleaded guilty last session (see page 16) of receiving stolen property, was now released on his own recognisances in £100 to come up for judgment if called upon.
Mr. Temple Martin stated the prosecution did not propose to proceed with the other indictments.
Prisoner confessed to having been convicted at Worship Street on May 10, 1906, of embezzling £1, when he was bound over.
Sentence, Nine months' hard labour, to date from last session.
BANGS, Ernest Henry (20, labourer), pleaded guilty of attempting to break and enter the dwelling-house of William Henry Drake with intent to commit a felony; assaulting the said William Henry Drake; breaking and entering the dwelling-house of Rosalind Gordon and stealing therein two bracelets, one writing-case, and other articles, the goods of Beatrice Cox; breaking and entering the dwelling-house of Emily Lasek and stealing therein one hand-mirror and other articles, her goods. Prisoner confessed to having been convicted at Bow Street Police Court on November 23, receiving three months' hard labour for stealing a brooch.
Sentence, Nine months' hard labour.
GREENSLADE, Wallace (52, shoemaker), pleaded guilty of stealing certain postal packets containing postal orders for 10s. 6d. and 10s. respectively, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
The Session opened on Tuesday, May 31, when the Recorder charged the Grand Jury.
Sentence, Nine months' hard labour.
KERSWELL, John James Richard, pleaded guilty of stealing one postal packet containing money and postage stamps to the value of 9s. 9d., the goods of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, Nine months' hard labour.
CHAPMAN, George (35, postman), pleaded guilty of stealing one postal packet containing a postal order for 2s., the goods of His Majesty's Postmaster-General, he being an officer of the Post Office; stealing three postal packets, the goods of His Majesty's Postmaster-General.
Prisoner stated he had been in great poverty, having lost his additional employment as a bootmaker, and having only 11s. 9d. a week for services as auxiliary postman, out of which he paid a rent of 6s. a week.
Sentence, Three months' hard labour.
JACKSON, Benjamin Charles (35, postman), pleaded guilty of stealing two postal packets containing two florins, one pair of links, eight penny postage stamps, and two half-crowns, one matchbox and one scarf, respectively the property of His Majesty's PostmasterGeneral, he being an officer of the post office.
Sentence, Nine months' hard labour.
JONES, Robert James (39, postman), pleaded guilty of stealing one postal packet containing 8s. and six penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, Six months' hard labour.
MOORE, Catherine Mary Ann (67, no occupation), pleaded guilty of incurring a debt of £7 to David Lane, a debt of £8 2s. 6d. to William Abbott, and a debt of £7 7s. to Charles Wimbush and Company, obtaining credit by false pretences.
Convictions proved: December 7, 1885, Middlesex Sessions, 18 months' hard labour for stealing a bag; January 2, 1893, North London Sessions, three years' penal servitude for fraud; May 2, 1899, North London Sessions, 12 months' for fraud; October 2,1903, North London Sessions, three years' for stealing and three days' for incurring debt; February 23, 1906, North London Sessions, 18 months' hard labour, obtaining goods by false pretences; March 7, 1908, North London Police Court, three months', failing to report; July 17, 1908, Westminster Police Court, 12 months' hard labour as a suspected person.
Sentence, 12 months' hard labour on each indictment, to run concurrently.
Sentence, One day's imprisonment.
Mr. Forster Boulton prosecuted.
LILLIE PENN , clerk to James Reynolds and Company, 8, Wise Street, Birmingham, manufacturing jewellers. On April 13, 1910, a' 6.30 p.m., I posted at Borstal Lane Post Office a parcel containing the two lady's 9-carat gold guards (produced) addressed to G. W. Barker, jeweller, 109, Fulham Palace Road; they were contained in a cardboard box with a wrapper, labelled, sealed, and tied with string; the parcel was insured. I afterwards identified the chains at Bow Street Police Court.
WILLIAM HENRY STEPHENS , head postman, Hammersmith Sorting Office. Package posted as described by the last witness would reach my office at 5.14 a.m. on April 14. Prisoner came on duty at 6.15 a.m., and with a number of other sorters would have access to it; it should leave my office for delivery at 7.30 a.m.
ALEXANDER GEORGE KILBY , assistant to G. W. Barker, 109, Fulham Palace Road, jeweller. I had ordered two lady's gold guards of James Reynolds and Company, parcel described by Penn was not delivered; at my shop.
FREDERICK FEDLER , assistant to Herbert Fish, trading at W. G. Fish, 317, Mare Street, Hackney, pawnbroker. On April 14 prisoner tendered lady's guard chain (produced) for pledge for 5s. Finding the chain was gold, worth 30s., and brand new, I asked prisoner if it was his property, and how much he gave for it; he said he had bought it for 10s. 6d. in Oxford Street. I asked if he had a receipt; he said he could get a receipt; I told him I should retain the chain until he brought a receipt; he then left. The next day prisoner came with receipt (produced) from "Richard and Co., Fancy Jewellers and Silversmiths, 35, Oxford Street, One R. G. guard, 10s. 6d."—"R. G." meaning rolled gold. I told prisoner that the chain he had brought me was gold. He said that was the receipt he had when he purchased this chain. I was then convinced there was something wrong, and told prisoner I should detain the chain; he left, and I reported the matter to the police. Prisoner gave his name and address as William Ford, Tredwin Road, London Fields. I afterwards received summons (produced) returnable on April 22, at the North London Police Court, for detaining the chain. I attended at the Court from 2 to 4.15 p.m. on April 22; no prosecutor appeared, and the summons was dismissed.
THOMAS LAST , assistant to Charles Sartain, 110, Well Street, Hackney, pawnbroker. On April 15 prisoner pawned gold guard chain (produced) with me for 16s. in the name of Henry Ford, 12, Essex Street, and I gave him duplicate ticket (produced).
WILLIAM EDWARD STRATFORD , Investigation Department, G. P. O. On April 20 I saw prisoner at the G.P.O., cautioned him, and showed him chain produced by Fish. I said, "You attempted to pawn this chain with Messrs. Fish, at Hackney—they detained it. You subsequently produced a receipt which you said you had received with that chain. That receipt really refers to a rolled-gold chain. Do you wish to say how this chain came into your possession?" Prisoner replied, "I stole it from the post. There were two chains. I pawned one of them at Sartain's. I found the parcel in my bag last Thursday morning. I tore off the wrapper and threw it into the fire before I knew anything about it. I bought a rolled-gold chain from Richards, Oxford Street, for 10s. 6d., and got a receipt for it, I took the receipt to Fish's and tried to get the chain back." I then suspended him, and later on he was arrested.
Cross-examined. Prisoner did not say what he intended doing with the chain had he got it back from Fish's.
To the Recorder. If a postman finds an undelivered parcel in his bag it is his duty to return it to the office for delivery; he has no right whatever to open it.
Detective-sergeant WILLIAM HEDLEY. I received receipt (produced) from prisoner on April 20. I was making inquiries in consequence of Fish having reported the chain.
Detective PHILIP WILLIAM COURCOUF, attached to G. P. O. On May 17 prisoner was given into my custody, I took him to Cannon Row Police Station, and charged him with stealing on April 14 two lady's gold chains. He said, "Yes, I know." On the evidence being given at the Police Court prisoner was asked if he had anything to say; he said nothing.
WILLIAM HUNTINGFORD (prisoner, not on oath). On April 14, when I came home, I turned my bag inside out and found a small packet, which I thought was a sample of tea, tore off the wrapper and threw it in the fire before I knew what I was doing, when I found it contained two gold chains. I knew I could not return them till the next day, and having no money I thought I would get a few shillings on one of them and get it out the next day with the money I should get from my pension. What I have done since was with a view of getting the chain back in order to return it to the Post Office.
Sentence, Nine months' hard labour.
The Recorder stated that the witness Fedler had behaved exceedingly well, and had acted with great promptitude and very good sound common sense, which he wished was exercised by pawnbrokers in other cases. He would have desired to mark his sense of the witness's conduct by directing that he should receive £1 reward; but he had no power to order rewards except in cases of burglary, housebreaking, or robbery from the person.
Mr. Eustace Fulton, for the prosecution, stated that the grand jury had ignored the bill for malicious wounding but had presented a true bill only for assault occasioning actual bodily harm. Prisoner, a police-constable, was of very high character, and the assault had occurred in the course of his duty in removing from Aldgate Railway Station persons loitering about there, one of whom was the prosecutor. Having regard to all the circumstances in the case he did not think he would be justified in asking the jury to convict.
The Recorder said that from the depositions it was quite possible the matter was an accident. The jury returned a verdict of Not Guilty.
GREAVES, Henry (40, tinplate worker), pleaded guilty of stealing seven cases of tin, the goods of Frederick Gustavus Ginzler and feloniously receiving the same. He confessed to having been convicted at this Court on June 22, 1903, receiving five years' penal servitude for stealing and receiving 32 coils of wire; stated to have since been earning an honest living.
Sentence, 12 months' hard labour.
GAU, Lewis Victor Emile Beauregard (30, no occupation), pleaded guilty of obtaining by false pretences from John Richard Wesley £10 on November 21, 1906, £40 between November 21, 1906, and January 30, 1907, £150 between January 30, 1906, and July 30, 1907, and £1 10s. on November 5, 1907; from Charles Warren £12 on December 13, 1907, £8 on December 19, 1907, and £1 10s. on January 1, 1908; from George Montagu Percival £10 in the month of February, 1909, £40 on May 4, 1909, £100 between February 1 and May 4, 1909, £10 on May 24, 1909, £50 on July 20, 1909, and £10 on September 27, 1909, in each case with intent to defraud. Prisoner confessed to having been convicted on June 28, 1904, at Kingston Quarter Sessions, receiving three years' penal servitude for stealing and conspiracy. Other convictions proved: May 5, 1889, for stealing watch, money, etc., five years in reformatory; June 28, 1900, Winchester Assizes, three years' penal servitude for stealing and conspiracy; February 2, 1903, two months' hard labour, Westminster, for failing to report.
Sentence, Five years' penal servitude.
MITCHELL, Barney (22, shoemaker), and DOUGLAS, Henry (22, tailor), both pleaded guilty of burglary in the dwelling-house of Donald Chisholm and stealing therein the sum of £6 7s., and a quantity of cigars and cigarettes, his goods and moneys.
Mitchell confessed to having been convicted at Newington Sessions on October 13, 1908, receiving 21 months' hard labour for larceny. Other convictions proved: January 19, 1903, Worship Street, one month for unlawful possession; April 3, 1903, two months' for office breaking; July 9, 1907, N. L. Sessions, 12 months for possessing house-breaking instruments By night. Stated to be a good workman. Douglas had been sent to a reformatory until the age of 19 for being beyond his parents' control.
Sentence, Mitchell, 18 months' hard labour; Douglas, nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 1.)
PARISH, Alfred (27, carpenter), HARRIS, Bertram (19, carpenter), CLARK, Rosina (42,), WITTARD, Kate Sophia (38), and CLARK, Edith (18, factory hand); feloniously possessing a mould impressed with the figure of both sides of a silver coin called a shilling.
Parish and Harris pleaded guilty.
Mr. Wilkinson prosecuted.
Detective-sergeant ALBERT HANDLEY, J Division. About 11 a.m. on April 14 I went with other officers to 62, Dove Row, Shoreditch. I got over the wall, pulled myself on to the verandah on the first floor, and entered the first floor back, where I saw Parish and Harris sitting at a table and Edith Clark by the side of Parish. They were all engaged in cleaning and washing counterfeit coin, which was on the table. I seized the male prisoners and they became very violent, and I was thrown to the ground. Parish broke away. Sergeant Edwards came into the room, and I struck Parish on the head with my truncheon, knocking him down. I pulled him back into the room. When I first entered the room I saw Rosina Clark on the landing near the kitchen. She was brought in, and she said, "My God! I didn't think it would come to this." Wittard was brought up by Detective Simmonds, and I told the five prisoners that they would be charged with being concerned together in making and possessing counterfeit coin. Parish said, "You have caught us fair. You cannot blame us for having a cut for it. I suppose this has cost you a couple of 'nickers.' You think you are clever, but you are not always first." Wittard said, pointing to Parish, "I am his aunt. I cannot help what he does in the house." I searched the kitchen and on the table I found these 22 counterfeit shillings, dated 1874, all wet, two cups and two basins, one of the cups containing 31 counterfeit shillings, dated 1898, and the other 11 florins, dated 1907, seven shillings dated 1874, and one sixpence dated 1909. Both cups contained diluted acid and the basins wet silver sand. I also found on the table a file, some emery cloth, a penknife, and a hammer. I conveyed male prisoners and Edith Clark to the police station in a cab. I then returned, and in the room occupied by Rosina Clark, on the first floor back, the kitchen, in an unused cistern over the sink, I found a mould for a florin dated 1907, a mould for a shilling dated 1898, a broken mould for a sixpence dated 1903, and three pieces of a broken mould all tied up in a towel. In the kitchen cupboard I found a mould for a shilling dated 1874, a tallow candle, a ladle containing white metal, three metal spoons with metal and plaster of paris adhering to them, 10 pieces of stocking used as polishing cloths, one broken table knife, four
brushes which had been also used for polishing, two bags containing plaster of paris, one packet containing ammonia, a piece of whiting, two pieces of lamp black, four iron clamps, a packet of antimony, two pieces of glass, and three pieces of cardboard which had been used round the moulds. In a drawer in this kitchen I also found three sheets of tissue paper. On a ledge under the window I found a packet of white metal and some more antimony. At that stage I asked Rosina Clark how she could account for these articles and she said, "I cannot help what he does. You know, Mr. Handley, Alf. has lodged here ever since he came out. He is courting my daughter and I cannot help it." I went downstairs with Wittard, and in the fireplace in the back room on the ground floor, which is used as a kitchen, I found a quantity of broken moulds wrapped up in a newspaper. In the dustbin in the yard I found a large quantity of broken moulds. I asked her if she could give any account of these and she said, "I know nothing about the stuff or what he has been doing. I am his aunt and I don't interfere with what he does." They were afterwards taken to the Bethnal Green Police Station. I showed the male prisoners and Edith Clark the articles which I had found in their absence, and Parish said, "I see you have got the moulds." When charged prisoners made no reply. On searching Parish afterwards I found 5s. 6d. in silver and 4 1/2 d. in bronze in good money, four keys on a split ring, and also one counterfeit florin dated 1907, two shillings dated 1898, and 1874, and three sixpences, one of which was dated 1909, one 1898, the date on the third being obliterated. These coins corresponded with some of the moulds found.
Cross-examined by Rosina Clark. I have known you about 16 years. You have never been in trouble, but you associate with low characters and criminals, and you are addicted to drink. You were standing against the banisters on the landing when I first saw you.
Cross-examined by Wittard. I do not know where you were when I first come in; you were brought up to me in the kitchen. You were with me when I found the moulds in your fireplace.
To the Judge. The dustbin could be used by either the Clarks or Wittard. The particular mould, the subject of this indictment, I found in the kitchen cupboard upstairs; it had been used.
Cross-examined by Edith Clark. You were not in the scullery when I first saw you, and it was not the force of the door being opened that pushed you into the kitchen.
Detective-sergeant JAMES EDWARDS, J Division. On April 14 I went with Sergeant Handley to 62, Dove Row, where in the back bed-room on the first floor I found a box containing two pieces of emery paper and a quantity of tissue paper cut into small square pieces. In the front room under the mattress of Rosina Clark's bed I found a convict's license in the name of Alfred Parish and a small quantity, of bad money, evidently spoilt, in a packet. In the cupboard I found four pieces of cardboard which had evidently been used for moulds. I asked Rosina Clark, who was there at the time, how she could account for the articles found in her room and in the back bedroom, and she said, "Oh, the b—. Fancy him putting them there. I know
nothing about them. He goes all over the house, and does as he likes."
Detective EUGENE COURTNEY, J Division. On April 14 I went to 62, Dove Row, with the other officers. I entered the house from the rear, while Handley and Edwards went in from the front. On hearing a scuffle I rushed up the back staircase leading from the yard and met Edith Clark coming out of the door on to the verandah, I prevented her from coming down the stairs, and she said, "Let me go. I am ill. I have done nothing; I was only watching them." I took her into the kitchen where I saw Parish and Harris in custody. Parish said, "I wish I was sure he only had Wood with him. I would have given him a lot more trouble. Where did you come from? You must have come through the fanlight." I afterwards took Edith Clark to Bethnal Green Police Station in a cab, and on the way she said, "This is terrible. I did not think it would end like this." I afterwards took Rosina Clark and Wittard to the station in a cab. On the way Wittard said, "What do you think of the b—getting us into trouble like this?" Rosina Clark said, "Don't worry, Kate, Alf will make it all right for us."
Cross-examined by Wittard. I did not see you open the door to two policemen; the first time I saw you was in the back room on the first floor.
Cross-examined by Edith Clark. You were not in Wittard's kitchen when I first saw you.
Detective ERNEST SYMONDS, J Division. On April 14 I went to 62, Dove Row, and remained in the front of the house while other officers went to the rear. I heard a scuffle upstairs and Wittard came to the front door and, opening it, was about to leave the house. I stopped her and said, "I am a police officer, and you cannot go out." She said, "Why not? What they do upstairs is nothing to do with me." I took her upstairs where I saw other prisoners in custody. Before she said what she did I had not told her that there was any charge against her or any of them.
To Wittard. You tried to push past me, and I stopped you; you did not open the door as if you wished other people to come in. There were two policemen at each corner and as I pushed you back I beckoned to them.
FREDERICK HENNE , pork butcher, 143, Goldsmith's Row, Shore-ditch. About the middle of December last Rosina Clark came in and bought a pennyworth of brawn, tendering a florin in payment. I put it into the till and gave her the brawn with the change. About 10 minutes afterwards Wittard came in and also asked for a penny-worth of brawn, tendering a florin in payment, which I put in the same till as the other. I gave her the brawn and the change. After she had gone I examined the two florins. They looked a bit dull, and I bent one a bit. I gave them to my brother Albert.
To Rosina Clark. I knew you as a customer before this.
To Wittard. You were a customer of mine also before this.
AUGUSTUS CRITOPH . On January 24 I was employed by John Rutter, a butcher of 140, Goldsmith's Row. On the morning of that day I was serving in the shop when Wittard came in and bought half a pound of 5d. pieces of meat, price 2 1/2 d. She tendered a florin, which I saw was a bad one by its appearance. I said to her, "This is bad." She said, "Is it? I got it from a pawnbrokers' in the Broadway." I gave it back to her and she left. About half an hour after she returned and paid for the pieces, and said, "I got it changed after a bit of a bother." I went to the pawnbrokers'. Later that day I saw her in the "Globe" public-house and said to her," I thought you told me you got that changed at the pawnbrokers'," and she said, "I did not say pawnbrokers' at all." I went out and called a police-constable, Brady. He returned with me, and she and Rosina Clark were just coming out as we got to the door.
To Wittard. I should not have gone to the pawnbrokers, Allen and Thomas, if you had not mentioned that to me. You said, "I got it at the pawnbrokers' this morning. I will go and change it again."
To the Judge. She mentioned the pawnbrokers by name—Allen and Thomas.
Police-constable WALTER BRADY, 300 J. On January 24, in consequence of a communication Critoph made to me, I went to the "Globe" public-house with him, where I asked Wittard where the counterfeit coin was that she gave this man. She said, "I have got it at home. If you will come I will give it to you. I got it from my husband on Saturday." I went with her to 62, Dove Row, where she handed me this counterfeit florin (produced), saying, "I did not know it was a bad one." I marked it.
ALBERT HENNE , pork butcher, 105, Goldsmith's Row. In December last my brother gave me two florins which I found to be bad. In consequence of what he told me I went to Wittard and gave them to her, saying they were bad. She said, "My God! Don't say that. I got mine from the pawnbrokers. I don't know nothing about the other lady's. I am going to tell her when she comes in. She is not here just now." She gave me good money and one bad florin. Rosina Clark came into the shop the next day and said, "There you are. There's the money," and she put a shilling, a sixpence, and some coppers on the counter, amounting to about 1s. 11d. She did not say anything else. My brother was there at the time.
FREDERICK HENNE , recalled, further examined. I was there when Rosina Clark came in the day after I had given my brother the bad coins. She put down the amount of the change I had given her, saying, "there you are."
FREDERICK WILLIAM NEWTON , rent collector, 13, Gainsborough Road, Hackney Wick. Since June, 1904, I have been collecting the rent of 62, Dove Row, as agent for the landlord. Wittard's husband and herself were tenants of the downstairs part when I first started, and then in August, 1904, they took the whole of the house. Soon after that Rosina Clark occupied the upper floor, the Wittards occupying the lower. Wittard paid the rent, 16s. weekly, until several months before the arrest, when Rosina Clark paid it on her behalf.
She paid regularly every Tuesday when I called for it. Some seven or eight weeks before April 22 I found on getting home that she had given me a bad florin. I threw it on the fire and it melted.
ALFRED BARR . I assist my father in his sawmaker's business at 139, Goldsmith's Row. About 5.45 p.m. on April 13 Rosina Clark came in and asked for a pair of clamps. Not knowing exactly what she wanted I showed her a large iron clamp, and she said that that was not the sort she required; she wanted the same as my father had sold her a week or two ago. These three clamps (produced) I can identify as having been sold at our place. I gave her two, for which she paid 1s. 6d.
WILLIAM JOHN WEBSTER , inspector of coins H. M. Mint. These 29 counterfeit shillings, dated 1874, are from this mould. This good shilling was used as a pattern piece. All the other coins that have been produced are counterfeit. As to the other articles that were found, they are of the kind that are found in the ordinary stock-in-trade of coiners. This bad florin which has been uttered is from a different mould to any of those found.
Statements before the magistrate: Rosina Clark: "I am innocent of what Parish was doing"; Wittard, "I cannot help what my nephew has done"; Edith Clark, "It is not anything to do with me; I am at work all day."
Cross-examined. I took the whole of the house and Rosina Clark rented the top part from me for 8s. a week. Ever since she has lived up there Parish, my nephew, has lived up there; she has kept him. Except at Christmas time, I have never been up to her place, nor have I ever been into Parish's room upstairs. I have always occupied the lower floor with my husband and daughter. Parish never used to come down to my place. We all used the yard outside. I did not know that the coins I changed at Henne's and Rutter's shops were bad; they know me so well there that if I had known they were bad I should not have gone there. I never said to Critoph that I got the bad florin from a pawnbroker.
EDITH CLARK (prisoner, on oath), I am Rosina Clark's daughter. I do not know anything about what Parish does. I have had nothing to do with making bad money. I work all day as a tobacco stripper; I do not even come home to dinner, and I should not have been home on this day only I was under the doctor. I was in the scullery when I was arrested, and not in the kitchen at all.
To the Judge. I slept downstairs with Wittard's daughter. Up-stairs my mother and father slept, in the front room; my two brothers, my uncle, and Parish in the back room, and then there was the kitchen. The scullery was a little place shut out from the kitchen. I have only seen Harris twice; he came to see Parish before he went to the hospital,
and then I only saw him in the street. This was a good while before the arrest. I left work on the Tuesday because I was ill, and I did not get up until this Thursday morning. When Courtney saw me I was in Mrs. Wittard's kitchen; I had not been upstairs. I was not at the table upstairs when I was arrested. I was fetched upstairs, and it was the force of them rushing in that I got into the kitchen, or I should not have been in there.
Cross-examined. I have known, Parish for years and I have been engaged to him since about Christmas. He has been living in the house since last October. My mother or Mrs. Wittard's daughter used to make my bed.
To the Judge. About two weeks previous to my being caught I was hard up and out of work, so I tried to make this bad money. I worked after they were all in bed and I went to bed before anyone got up. Rosina and Edith Clark and Wittard knew nothing about what I was doing. The night before I was caught I was a bit tired and I did not trouble about putting the things where I used to, but I wrapped some broken moulds and other things in a towel and put them in a dry cistern over the sink in the little lobby off the kitchen, where these people could not possibly find them. I then went to bed, it being my intention to get up after Mr. Clark had gone to work and before the others got up. I overslept myself and I got up about 9.10 a.m., cleared away Mr. Clark's breakfast things, and was scouring some of the coins that I had been making over night, when Harris called for his bicycle that he had left the night before. All the rest were in bed at this time. I said that if he would give me a lift with the work I would go for a spin with him afterwards. He hesitated when he saw the job, but he agreed to help me. We had been at work some time, when I saw Edith Clark, my sweetheart, coming upstairs to have a wash. I dare not ask her to come through the room, as I did not want her to know what I was doing, and I told her to go by another way, up the back stairs to this little lobby. There is a yard door leading on to the lobby and another door which opened in ways into the kitchen. Some time later she rushed into the room from the lobby with a towel in her hand followed by Handley, who was pushing the door behind her; she had to come in. She stood beside me then. I made my way to the stairs, when I got a nasty blow on the head. I should like to say that the yard door leading into the lobby, which is the scullery, opened in ways and also the door leading from the lobby into the kitchen, and anyone standing in the scullery behind the yard door would be pushed into the kitchen if anyone was shoving the yard door open from the outside; there was barely room for the door to turn in the lobby.
Cross-examined. Harris did not know what I was doing until that morning. The place at which Edith Clark washed was in the scullery, and it was commonly used for that purpose. I had made about five or six moulds, of which there were two fit for use when I was arrested.
I made this mould for a shilling two nights before I was arrested, and this one (produced) during the last week or so. I made about 30 shillings from this 1874 mould. I used this mould to make florins on the night before my arrest. I broke up some moulds because they were no good. The cups contained water and not acid. The tissue paper found was mine. It was my custom to put the things into the old cistern, but as I was tired I put the white metal and antimony on the ledge under the window. I was not on very friendly terms with Wittard, my aunt, and I only went downstairs now and again. I did not put the pieces of broken mould in her fireplace. I had used them. 1 put some broken pieces in the dustbin. The kitchen upstairs, where we were arrested, was the common room where we used to have food; all of us in the top part had access to it. Wittard did not use it. Harris had only entered the house once before he was arrested. I never made bad coins anywhere but at this house. The bad florins that were passed by people in the house were not made by me. I was not paying any rent, but now and again I gave Mrs. Clark a few shillings. My aunt was supposed to take me when I came out of prison, but we did not agree, and Rosina Clark allowed me to sleep in her son's room. As to these four clamps they were used by me; I asked Rosina Clark to go for them for me on two occasions, making the excuse that I could not go myself as I was not dressed. I used to put my clothes in her bedroom now and again, but I never used it for anything. The day before, I think it was, I put this packet of cyanide of potassium with my supervision paper under the mattress of her bed; it was not ammonia, as has been stated. The cardboard found I used as a sort of frame for making the moulds.
ALBERT HANDLEY (recalled, further cross-examined by Edith Clark). The criminals I have known you to associate with are Parish (not the prisoner), known as "Onions," and Samuel Harrison. The only time I ever came to you for information was when prisoner Parish escaped from Dartmoor. I have never treated you in order to get information from you.
Verdict (Rosina Clark, Edith Clark, and Wittard), Not guilty.
Sentence on Parish and Harris postponed.
(Thursday, June 2.)
CLARK, Rosina, and WITTARD were now indicted for uttering a counterfeit florin to Frederick Henne; Wittard with uttering a counterfeit florin to Augustus Critoph, and Clark with uttering a counterfeit florin to Frederick William Newton, knowing them to be counterfeits.
The material portions of the evidence given on the previous indictment were repeated.
Detective-sergeant HANDLEY. I have known Rosina Clark for the past 16 years. She has never been previously convicted. Since October
when Parish was released from prison, she has been strongly suspected of passing counterfeit coin. There are hundreds of counterfeit shillings in the district where she lives, and although the tradespeople cannot swear to the passing, whenever they have found counterfeit coin in their tills Clark and Wittard always happen to have been in the shop on the same day. I have known Wittard for the last eight years; she has been a respectable woman up till October, when Parish was released, but since that time there is no doubt the two female prisoners have been frequently together passing this bad money. She has never been previously convicted.
Sentence: Rosina Clark and Wittard, each four months' hard labour.
Detective-sergeant HANDLEY. On May 21 I served prisoner at H. M. Prison, Brixton, with a notice that he would be charged with being a habitual criminal. I was present at North London Sessions on October 10, 1905, when prisoner was convicted and sentenced to 3 1/2 years' penal servitude for burglary and two years' police supervision. I have known him for the past eight years; he is a constant associate of thieves and I have never known him to do any honest employment. When I arrested him I asked him if he could refer me to anyone for whom he had worked since his liberation from prison on October 14 last. He said, "I have been making fancy table covers at 62, Dove Row, on my aunt's machine," but he could not refer me to any place where he had bought materials or to anyone he had sold any table covers to.
To prisoner. I could not give you any dates, but I have seen you in the company of thieves whenever I have kept you under observation.
Police-constable RICHARD GOURD, 512 J. I was at North London Sessions on January 20, 1903, when prisoner was convicted of burglary and sentenced to 12 months' imprisonment.
Detective-sergeant HERBERT TAYLOR, J Division. I was present at this court on March 21, 1904, when prisoner was sentenced to 20 months' hard labour for larceny from the person.
Detective-sergeant HANDLEY, recalled. Whilst prisoner was serving his term of penal servitude he escaped twice from Dartmoor Prison, on the first occasion with a man named Ellis, who was also serving a term of penal servitude. He was only absent for about 30 hours then. When he escaped the second time he committed a burglary, and for that offence was sentenced to 12 months' hard labour at Devon Assizes.
WILLIAM REYNOLDS , warder, Brixton Prison. I was present at Devon Assizes on October 23, 1908, when prisoner was sentenced to 12 months' hard labour for burglary after his escape from Dartmoor, to run concurrently with the sentence he was then serving of 3 1/2 years' penal servitude, followed by two years' police supervision. He pleaded guilty to the burglary and to prison breaking.
ALFRED PARISH (prisoner, not on oath). When I was discharged from prison on October 14 last the chaplain on my behalf wrote a letter to a firm of packing-case makers, Priddy and Hale, of Newman Street, Oxford Street, and I called on them and asked for employment, but they could not give me work. I produce a letter from them proving that. I have looked for work every day since and could not get it. The chaplain of Exeter Prison, before I left there, said to me, "Parish, promise me you will go down to Mr. Grant Wilson, of the Temple, and ask him to help you if you cannot succeed in getting work." I called on Mr. Wilson, who is connected with the Borstal Aid Society, and saw his secretary, but some time after I received a printed form to say they could not do anything for me. I tried several other places for work and got a place at Anderson and Watney's, 103, Sheep Lane, but had to leave there after a short time because I found one of the men there was indirectly the cause of getting me a term of penal servitude. I produce this letter from them proving that I worked there. I deny that I have been constantly associated with criminals since my release.
Verdict, Guilty. Sentence, Three years' penal servitude and five years preventive detention.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 1.)
COLE, Thomas (45, artist), pleaded guilty of feloniously possessing a forged die for the making of penny postage stamps; feloniously possessing certain forged postage stamps; feloniously possessing a mould in and upon which was made and impressed the obverse and reverse sides of a florin. He was further indicted for that he is a habitual criminal.
Mr. Pickersgill, M. P., and Mr. Goddard prosecuted; Mr. St. John Macdonald defended.
Sergeant ALFRED SCHOLES. At 4.15 p.m. on May 13 I served prisoner at Brixton Prison with this notice, that he would be charged with being a habitual criminal. He said, "I was never asked what I had been doing for a living." I told him I was present at the station when Inspector Neil asked him. He said, "I was told by the chaplain, when I left Dartmoor, that I should be discharged at Reading, and that an officer of the Prisoners' Aid Society would meet me and find me work. An officer did meet me there. I think his name was Musgrave, or something like it. After walking me about all day round the town he said he could do nothing for me, so I went to Birmingham." I asked him if he would like me to make any inquiries for him and he said, "I have not done any work since I came out because I could not get any." Prisoner was released from prison in July, 1908.
Cross-examined. I wrote to the Reading Police to call on Mr. Mudeman, the agent missionary. This letter, written by him to prisoner, agrees almost with the result of my inquiries: "Reading. May 26, I am acknowledging receipt of your letter as I am of opinion you are the man I met on July 8, 1909, at the Great Western Station. I then recommended you to lodgings, then to report, and afterwards paid you the 31s. gratuity due to you, and on Sunday, the 11th, you had your meals with me at my house, and intimated you should go north. As I did not see you after Monday I marked you on my book 'Left town,' concluding you were seeking work elsewhere, and had duly reported to the police your intention. I do not know what statement you want me to confirm. It is true we had no work for you to go to at once, but we were also on the look out for you, and it was only four days from your arrival to your leaving and you had other cash in your possession, so you were not hard up. We should have done our best to aid you into going right had you stopped here. I am sorry to hear you are in trouble again. "Prisoner gave me the name of Cape, from whom I made inquiries. Cape said prisoner had been his tenant and had done no work for him; that he had borrowed money from prisoner and was still somewhat indebted to him, that he was a very quiet man; that he did not know much about Ms business, and that he had paid his rent regularly. Prisoner was occupying 230, Hornsey Road, as his tenant, and had been for six months previous to his arrest.
FREDERICK COOK , ex-principal warder, Brixton Prison. I was present at this Court on January 30, 1890, when prisoner was convicted in the name of Ingaman of the possession of moulds for coining, and he got 10 years' penal servitude. The previous convictions proved against him were as follows: January 2, 1880, Birmingham Quarter Sessions, six months, with uttering counterfeit coin, in the name of Herbert Davis; July 28, 1880, Ashton Petty Sessions, six weeks for stealing a pipe; December 13, 1880, Birmingham Sessions, three months as a rogue and vagabond; November 4, 1885, Nottingham Assizes, five years' penal servitude for possession of bad coin.
Detective-sergeant ISAAC DICKS, Cardiff City Police. On May 8, 1899, I arrested prisoner, and on July 27 he was convicted at the Swansea Assizes of uttering counterfeit coin and being in possession thereof in the company of a man named Maguire. He was sentenced to five years' penal servitude. He came out on June 29, 1905, having had a remanent to serve, and he came to Cardiff and reported his arrival. After remaining 14 days he went to Birmingham.
Police-constable WILLIAM TAYLOR, Windsor Borough Police Force. I was present at the Reading Assizes when, on November 6, 1905, prisoner pleaded guilty to uttering counterfeit coin, when he was sentenced to three years' penal servitude. His license was revoked, and he had 18 months of the old sentence to serve.
Divisional-detective-inspector ARTHUR NEIL, Y Division. On April 21 I arrested prisoner on the charges of which he has pleaded guilty. I know nothing of him. I asked him if he would give me any information about himself as to what he had been doing for a living.
He was very abusive in his manner and used most filthy expressions, remarking, "That is for you to find out. I again asked him but he still declined to give any information about himself. His record shows that on July 8, 1909, he was released, and a few days after a warrant was issued for his arrest for failing to report. The result of the inquiry goes to show that he is a very clever man; he is an artist and an engraver. He had a splendid set of engravers' tools and a die for making postage stamps. In his room at Hornsey Road, where I arrested him, I found a number of duplicate moulds. (Witness enumerated a large number of articles such as were to be found in the stock in trade of coiners, including a large amount of counterfeit coin and apparatus for forging postage stamps.) When searched £13 in gold was found on him. He was most violent at the time of his arrest.
THOMAS COLE (prisoner, on oath). Three months previous to leaving Dartmoor Prison I asked the chaplain if he could find me work. He recommended me to go down to Reading and he would tell the agent down there to meet me on the station. When I got there I was met by the agent. I went there of my own accord. He showed me about Heading. I asked him if he could find me work, and he said he could not. He showed me all round Heading and then went and got my lodgings. He said I had better see him in the morning. I went to his house in the morning, and on my asking him if he had got any work for me he said he had not. I went round again to him the next morning with the same result. I then went to Birmingham, hoping to find my brother, but when I got there I found he was dead. I returned on about July 18, and went to a Rowton House in King's Cross. Somewhere about September 1 went to 230, Hornsey Road, where I rented a room from a Mr. Cape, a tailor For five months I worked for two or three days a week for him, never receiving more than 8s. or 9s. a week. I lent him several small sums; he has not repaid all of it. I worked till February, when he could not give me any more work, and I tried to get a living at painting picture postcards, but I could not, so I fell back on my old courses again.
Cross-examined. I told the agent that I was going to leave Reading. I deny that Inspector Neil asked me to give him the names of people from whom I had tried to get work. When I was liberated from my term of penal servitude in 1898 or 1899 I had a very good job at Birmingham, and after about 10 months I lost my situation over the police; since then I made up my mind that I would never report if I got into trouble again. I complained to the inspector several times about my work being interfered with, but they would not listen. I tried to get a living while I was at Rowton House by painting postcards, which I tried to sell to anyone who would possibly buy them. I cannot tell you the name of any person to whom I sold them. I did not go to shops; I used to ask people in the street. Sometimes I would earn 10s. a week in that way, but very rarely. I was able to lend Cape some money
because I earned a little from my postcards as well as the 8s. or 9s. I got from him. I commenced making bad coin about the end of February. I did not say to Scholes, "I have not done any work since I came out because I could not find any." The £13 found on me was part of the proceeds from coining and part I had earned. I did not get a penny from the forged stamps.
CHARLES CAPE , tailor, 230, Hornsey Road. Prisoner took a furnished room from me at 4s. a week from September 13 till the time he was arrested, on April 21. He came to purchase clothes a week before September 13, and that is when I first knew him. He paid his rent regularly. He appeared to be very hard up, and I employed him about four days a week in doing odd jobs, such as ripping and even house work. I do not think I ever paid him more than 7s. a week; it may be that I have paid him as much as 9s. Towards the end of February I could find no more work for him. Two or three weeks before Christmas I wanted some money, and he said he knew somebody who would lend me £2 or £3. I borrowed £5 and £1. I consider I have repaid that, but as there was interest charged I have not really repaid it; I' owe him 16s. still. During the time he was living with me he apparently led a respectable life; he did not bring any bad associates to the house, and he was supposed to be a teetotaller.
Cross-examined. He was very quiet indeed. I told the police all I knew. I did not say I objected to giving evidence because I was afraid of violence.
Sentence (June 2), Three years' penal servitude and five years' preventive detention.
BEFORE JUDGE RENTOUL.
(Wednesday, June 1.)
COHEN, Edward (40, musician), who pleaded guilty at April (1) Session (see preceding volume, page 744) of indecent assault was now released on his own and his brother's recognisances in £20 to come up for judgment if called upon.
ADDISON, Charles (27, rag merchant), who pleaded guilty at April (1) Session (see preceding volume, page 724) of stealing 112 1b. weight of solder, the goods of James Gibb and Company, Limited, was now released on his own recognisances in £20 to come up for judgment if called upon.
Counsel for the prosecution said that having thoroughly considered the case he proposed to offer no evidence.
Verdict, Not guilty.
The prosecution offered no evidence. A verdict of Not guilty was returned.
MCGUIRE, John Francis (23, dealer), pleaded guilty of obtaining by false pretences from Arthur Daniel Frampton £1 1s. 3d. on March 15, 1910, and £1 on April 8, 1910, the moneys of the Educational Book Company, Limited, with intent to defraud.
Sentence postponed till July Sessions.
Sentence, Three months' hard labour.
RILEY, William, otherwise Scully (39, stoker) and PRICE, Alfred (39, stoker), pleaded guilty of breaking and entering the shop of Jack Sears and stealing therein two pairs of boots and other articles, his goods; being found by night having in their possession, without lawful excuse, a certain implement of housebreaking, to wit, one jemmy; breaking and entering the shop of James Lewis Tannar and stealing therein five boots and three shoes, his goods; maliciously damaging one plate glass window, value £7 7s., the property of the said Jack Sears; breaking and entering the shop of Lorenzo Thierry and another, and stealing therein two pairs of boots and two pairs of fillers, their goods; maliciously damaging one plate glass window, value £15, the property of the said Lorenzo Thierry and another.
Previous convictions were proved.
Sentence (each), 18 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Thursday, June 2.)
BIRD, Alice (40, cook), pleaded guilty of feloniously throwing upon John Nicholls a quantity of corrosive fluid with intent to do him grievous bodily harm. She confessed to having been convicted of felony at the Marlborough Street Police Court on January 29, 1906, in the name of Alice Rogers.
The Prosecutor, a widower, stated that he had lived with prisoner nearly three years, that she was addicted to drinking, went with other men, and had a violent temper; that eventually he was forced to leave her, and she had persecuted him ever since, as she had threatened to do.
Detective ALBERT DYCE, D Division. I was present at the Marl-borough Street Police Court on January 29, 1906, when prisoner was sentenced to 21 days' hard labour for stealing clothes. She has been committed several times for drinking. At that station she said, "I told him I would do it. I have been waiting all day. He will get more when I come out."
Prisoner. I never said that. I wrote and asked him would he give me a little money as I had no work and he refused. Then I waited until he came home at night. I always knew the time he came home. He puts all his money on horse races, and he took my money for three and a half years, so I thought it was right he should give me a little when I had no work.
Sentence, Three years' penal servitude.
Mr. J. P. Grain (for the prosecution) stated that the magistrate having dismissed the charge he proposed to offer no evidence. Mr. Justice Grantham assenting to this course, the jury were accordingly directed to return a verdict of Not guilty.
Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. St. John McDonald defended.
JOHN PHILLIP HIGGINBOTTOM , brush maker, 501, Liverpool Road. Prisoner, who is my son, has been living with his wife and three children at 35, Dennis Street, for some few months. He is an Army Reserve man, and for the last 18 months or two years he has been out of work, although he has tried to get some. I do not know how he lost his last job. His brother has helped to support him. About 7 p.m. on April 23 he came to my house. His manner was very excited, but he was apparently sober; he might have had a glass or two. He said he had been insulted by the landlord of the "Adam and Eve" public-house and that he would not stand being "chipped" any longer about his being out of work and other people keeping his children. He then went into my son's (Albert) bedroom, saying he was going to have a shave. After about four or five minutes he returned, and he still had on his mind about being told that other people kept his children. I said, "Why don't you walk away and go somewhere else?" but I could not pacify him; he was in a wild temper. He said good-bye to me and his mother and rushed downstairs, saying, "The next time you see me will be at the Sessions." I took no notice of that remark because he was very often in the habit of saying such things.
Cross-examined. He used to shave once or twice a week with his brother's razors; Saturday was one of the usual days. I did not see him shave on this occasion, but he may have done so. He is of a very sullen, disposition and addicted to moping. For hours he will not speak to anyone. Some years ago he flung teacups and coal from my window at the people in the street. I asked him why he did it, but he made no reply. His brother told me that on one occasion when he went out with him he struck people on the head with his cane. We told him he should not do such things, but he really did not seem to know what he was doing. On the same night he smashed some
tables. I was present when he rushed at his mother, grabbed her by the throat, and said, "Oh, you—; I should like to kill you!" I remonstrated with him and he turned round, kicked the table over, and smashed all the things on it. He appeared to be sober. All his life he has suffered from sleeplessness. From a boy till about six or seven years ago, when he was married, he used to night-walk. He had left the Army two years before he was married. He has also suffered from night terrors—getting up in the middle of the night and smashing things; he used to bash the wall about as if there was someone trying to hurt him. It seemed to be constitutional. About four or five years ago he rushed into our bedroom and attempted to seize a razor. His mother struggled with him and got it away from him. He said, "It is too hot; I can't stand it." This was in the spring time, I think. He was sober. When I spoke to him next day about it he remembered nothing. He had no remembrance of his night terrors. About four or five months ago he was knocked down by the barman at the "Adam and Eve," and he was kicked in the head. He was sober. Once he tried to pull me under a tramcar. He did not seem to realise what he had done afterwards. I have heard that he used to stand in front of tramcars and motor-cars. It did not take much drink to upset him. People used to treat him. I heard that he had had sunstroke when he was in Africa. He was also once pitched from his horse on to his head. He has complained frequently of headaches. Once he fell off a cart on to his head. My father drowned himself and I heard my grandfather committed suicide also. I have been brought home more than once in a fit, but for the last 12 months I have not had them so severely. My son Albert suffered from fits when he was a boy. My daughter, Edith Howe, has just come out from a home for the feeble-minded; she suffers from debility, and when a child she had fits. She has a very weak memory. On this day my wife was very upset when he rushed out, and she went to look for the razors and found them gone. I rushed downstairs to find him, but he had gone. He was very fond of his children; he frequently used to bring the boy to our house on the Sunday. He was very poor, and often used to complain to me of not having had sufficient food.
Re-examined. I took no steps to have him looked after. Latterly I thought he appeared rather dangerous. I only used to see him about once a week. I did not know what steps to take. He has been more violent this last six months than he has been for some time.
ALBERT HIGGINBOTTOM , machinist, 501, Liverpool Road. This case and these razors are my property. The last time I saw them was the morning of April 21. In consequence of what my mother told me that night I looked for them and found them gone.
Cross-examined. Prisoner is my brother, and he lived with father and me up till about five years ago, when he married. He slept with me. He has a very sullen nature. He has got up in his sleep at night and battered the wall about. I have been out with him and he has knocked people on the head with his stick. I have taken him home
and he has sat down in a chair and deliberately kicked the tables over. He has gone to bed all right afterwards, after I have had a severe struggle with him. Next morning he practically knows nothing about it. He will not speak to you for hours at a time. He has occasionally tried to throw coal and such things out of the window, and I have prevented him. On one occasion, when I took him home after his having knocked people on the head with his cane, he deliberately kicked the table right over. I struggled with him and got him into bed; in the course of the struggle the bed was broken in half. I have not seen him drunk for years. A glass of ale will easily affect him. On one occasion he rushed in the middle of the night into my mother's bedroom and tried to get the razor there. She struggled with him and he rushed downstairs. She followed, but could not find him. The next morning he was found in an empty room huddled up in a corner, and when told of what had happened he knew nothing about it. About 17 years ago he fell off a pony on to his head and he has frequently complained about his head since; he has said he felt dizzy, and at times he did not know what he was doing. He suffered from sleeplessness a lot and night walking and night terrors, in which he used to fancy he could see people in the wall. A barman at the "Adam and Eve" once knocked him down and kicked him in the face. My father told me that he tried to pull him under a tramcar. I used to suffer from fits when a boy. (Witness corroborated his father's evidence as to family history.) He has told me sometimes that he has had nothing to eat and I have given him a few coppers to go on with. He used to complain of his sister-in-law "chipping" him about his not keeping his children and not being able to get work. He has tried very hard to get work, but he has been unfortunate. I have told him about his behaviour afterwards, and he has said that he does not remember anything. He used to give his wife every penny I gave him. He was very fond of his children.
To the Judge. Nothing was said to the girl about his condition before he married her. I had not the slightest notion that they were going to get married; I did not know about it until after it had taken place; nor did my father.
ADA FLORENCE BRITTON , 35, Dennis Street. I live with my husband. Prisoner married my sister, and they have been living with me for the last four months in the front parlour. Their eldest child was a boy, three and a half years old, the second a girl, aged two and a half, and there was a baby nearly four months old. Prisoner did not do any work; my sister used to go out about seven in the morning to work and leave the children with me. On Saturday, April 23, she went to work in the morning as usual, and in the course of the morning I had all three children with me. Prisoner went out just after 2 p.m., his usual time on Saturday, and he came back about 7.45 p.m., an unusual time for him, and he came into the first floor back and asked me for the children. I could see he had had drink, and he frightened me, so I said, "Harry, don't be silly." I had the baby in my arms, and my husband was washing up the dishes. He took the baby from
my arms and he went out without telling his other two children to come with him, which they did. It was an unusual thing for him to take the children like that, and I rushed downstairs after a minute to get a policeman. On my return I found two policemen and a doctor in the house. The children were dead.
CHARLES BRITTON , 35, Dennis Street. On April 23 I returned from work about 7 p.m. About 45 minutes after prisoner came in where my wife and three children were, and he took the children downstairs. About 10 minutes after I heard him calling, "Charlie, I have killed two of them." I ran downstairs and found him at the foot. He said, "You white-livered bastard! I have a mind to serve you the same." I did not notice anything in his hand at the time. In the struggle which I had with him I noticed a razor in his right hand. I got away from him and went to fetch a policeman. We went back into the front room. The little boy was lying on the ground in front of the fireplace, the baby was lying on the bed, and he was holding the little girl in his arms. He had some blood on his face. He said, "This is what I have done." The razor was on the table.
To the Judge. We were accustomed to his peculiar ways and I did not think it necessary to follow him. He had taken the children away like that before. I have been keeping him for some time. I cannot give you any reason why he could not find work. He is an able-bodied man. I do not know whether he has tried or not.
Police-constable GEORGE GRANT, 718 Y. I was called by Charles Britton and I went into the front parlour of 31, Dennis Street, where I found the three children with their throats cut. Prisoner, who was there, said, "I've done it, guv'nor, to all three of them." I said, "What did you do it with?" and he replied, "With the razor. I got it from my brother"; he indicated this razor (produced), which was lying on the table. It was smeared with blood. He said, "Come on. Get me out of this and take me to the station. This is through me being out of work and them saying they are keeping my children." Mrs. Britton came in shortly after, and he endeavoured to strike her. I warded the blow off, and then he endeavoured to throw a chair at her and I took it away. He said she was the cause of what he had done.
Police-constable ARTHUR HOOKWAY, 400 Y. On the night of April 23 I was called to 31, Dennis Street, where I found prisoner, who was handed over to my custody. He tried to get at Mrs. Britton, saying, "If I get hold of that f—g cow I will do her in. She is the cause of all this." I took him to the station, and on the way he said, "Are all three dead?" I said, "Yes," and he said, "I am pleased at that. They will not suffer like I have. That has put 'Paid' to their bill." At the police station he said, "You have got the razors. I 'pinched' them off my brother; I have murdered my three children and now they can f—g well hang me. That will be four of us out of the family gone."
Divisional-inspector ARTHUR NEIL, Y Division. I formally charged prisoner at the police station with the wilful murder of his three children by cutting their throats with a razor. I cautioned him and he said, "Quite right." Afterwards he said, "Quite right. I intended to do it. I did it through other people's talk." In my opinion he had had some drink, but he was perfectly rational then; he understood all that was going on.
Dr. HUGH LONSDALE HANS. On the night of April 23 I was fetched to 31, Dennis Street, where I saw three children in prisoner's room all dead. I afterwards made a post-mortem examination, and the cause of death in each case was syncope owing to the loss of blood through the throats being cut. They were fairly well nourished children.
BERTRAM GODDARD , Divisional surgeon Y Division. I examined prisoner most carefully at 10.30 p.m. on April 23. I found him to be perfectly sober. He was dull, and I came to the conclusion that he was suffering from homicidal impulsive insanity. He told me that he had had 16 or 17 half-pints, but there was not the slightest trace of alcohol about him. He told me that he had three children who were now in perfectly good health because they would not want to go on the parish. I came to the conclusion that the man was insane.
Verdict, Guilty, but insane. Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Muir and Mr. Leycester prosecuted; Mr. Eustace Fulton defended.
ANNIE ELIZABETH BIRD . In March my husband and I occupied the downstairs flat at 36, Salisbury Road, Wood Green, and prisoner was living with her husband and one of her children in the flat immediately over ours. Just before Christmas prisoner's mother-in-law, the deceased, a woman of 74, came to live with them, prisoner giving up her room to her. The two women did not get on very well. After my husband had left, about seven in the morning on March 14, I heard a discussion going on upstairs. I could distinguish deceased's voice us she spoke so loud. She came downstairs into my kitchen, followed by prisoner. She started talking about a lot of things that I did not know anything about. She said prisoner had spilt some water on her dress and there was no tea for her, and would I give her some. Prisoner said there was tea for her that she could have had. They remained with me about half an hour and then went upstairs again. I heard voices raised as if they were quarrelling. I heard deceased scream, "You do!" and then "Murder!" and then a fall. I ran to the bottom of the stairs and shouted to prisoner, "What is the matter?" I got no answer. In my state of health I could not go upstairs, and I went out to fetch a neighbour. I met a young lady outside and she got help. About a month or two before this I heard prisoner threaten to bash out deceased's brains. That was the most expressive threat I heard; I took no notice of the others. The day
before this happened somebody threw some flower pots out of their window on to the pavement. Prisoner was up there at the time.
Cross-examined. Prisoner's husband was often out of work (he had bad luck), and prisoner used to work very hard then cleaning and washing. He was in bad health, and was attending the hospital about once a week all the time I was there, which was some six or seven months. She has many times complained to me about her head. I found her a respectable hard-working woman. She was attending hospital for her nerves mostly; it was the critical age with her. Deceased's husband went into the hospital and she had nowhere to go to, so she came to live with them. Prisoner's husband had no work then and she had to work very hard. Prisoner was a teetotaler while I was there. Soon after deceased came prisoner was in my kitchen, and she rushed upstairs saying, "I will soon alter all this," and she took poison. Her husband and I rushed upstairs and found her lying on the floor. He gave her an emetic and she soon came round. It was he who said she had taken poison. There was a bottle with something white in it. If deceased could find anybody to quarrel with she would be very quarrelsome. When they came into my kitchen they were wrangling more than usual, and prisoner seemed very upset and excited. When prisoner said she would bash deceased's brains out it was on the spur of the moment.
Re-examined. Prisoner never said afterwards anything about having taken poison. Deceased taunted her several times for taking it. I have heard her say, "I did it all through you."
WALTER THOMAS WATSON . Prisoner is my mother, and I stayed 15 days with her at 36, Salisbury Road on December 27. My father's mother was living there at the time. This is my father's axe (produced), which was sometimes kept in the cupboard under the sink and sometimes in the coal cellar on the balcony.
Cross-examined. My mother's brother, Walter William Hambridge, is in the Middlesex County Asylum. I had not seen my mother for six years prior to the time I went there. While I was there she was in very bad health; she seemed to be broken down. She was in a very nervous condition and sometimes strange in her manner. I knew she was being treated at the Great Northern Hospital, and that she was going to be admitted there. She has been one of the best of mothers to us. She has found it very difficult sometimes to keep things going when father has been out of work. The hatchet is a very heavy one. I have seen mother in prison, and she said she could not remember anything at all about this case; she found herself in the hospital, and she could dimly remember something about a van that took her there. She has never been a violent woman. She was an active member of the Salvation Army for a great number of years.
Re-examined. My mother has two sisters, neither of whom are in the lunatic asylum. I have only one uncle.
Further cross-examined. I did not know whether my aunts are subject to fits. I had a sister who has suffered from St. Vitus's dance; she is very ill now. I have a cousin who suffers badly from fits.
ALICE PEARCE , shop assistant. About 11.50 a.m. on March 14 I was in Salisbury Road, when, in consequence of what Mrs. Bird said to me, I went upstairs into a kitchen at No. 36. I there saw deceased sitting in a chair bleeding from wounds in the head. Prisoner was not there. I helped the police-constable who was there to bathe her wounds. About five minutes after I saw prisoner in the back yard. I heard her say to the constable, "She called me a dirty cow." She was bleeding from the throat.
Cross-examined. She was very excited. She seemed quite conscious of what she said. I only saw her for a moment. I was a little upset myself.
Police-constable GEORGE TRISH, 713 Y. About 4.30 a.m. on March 14 I was called to 36, Salisbury Road, by Mrs. Bird. I went to the kitchen of the upper part of the house and found the door locked. I heard groaning inside and I called out. Deceased opened the door. She was bleeding from the head. I sent for the doctor. She made a statement to me. Before the doctor arrived I followed some blood stains down to the yard, when inside a w.c. I heard retching. I forced the door, which was bolted, and inside I found prisoner with her throat cut. I attended to her. She said repeatedly, "She called me a dirty old cow." She also said, "I hit her with something. I don't know what." In a cupboard under the sink in the kitchen I found this axe. The door of the cupboard was shut and buttoned.
Cross-examined. Prisoner was quite helpless when I saw her first, and then she became very excited. I should think she must have been 20 or 30 minutes in the yard before she was taken away. After I set her up against the wall she became surprisingly rational.
VICTOR BERESFORD TAYLOR , M. R. C. S., L. R. C. P., Wood Green. On the morning of March 14 I was called to 36, Salisbury Road, where I found deceased sitting in a chair practically unconscious and suffering very much from shock. She was bleeding from a wound over the right eye, blood was coming from the ear and there was internal bleeding. I went downstairs and saw prisoner in the yard. She was struggling with the policeman and she had a large wound in the throat. The policeman asked me whether I was the first doctor, and I said "Yes." Prisoner immediately then said, "I know this doctor. This is Dr. Taylor." She told me two or three times that she had called her "an old cow" and asked for her children. I attended to her wounds and then I went to attend to deceased. Both prisoner and deceased appeared to be perfectly sober. The deceased must have been struck three blows with a blunt instrument such as the back part of this axe.
Cross-examined. None of the wounds could have been caused by a fall. The axe is very heavy and it would not take a very heavy blow to inflict the wounds. I knew prisoner before because she was nursing a case that I was attending. She was in a very excited condition when I first saw her.
deceased and prisoner were brought to the hospital. I attended deceased. She died on the morning of March 7. On a post mortem examination I came to the conclusion that cause of death was haemorrhage on the brain caused by the wounds, which were such as could be caused by the back part of this axe.
Cross-examined. I have heard that her brother is in an asylum, one of her nephews has had fits, and that her daughter suffers from St. Vitus's dance. She is herself suffering from Bright's disease and neurasthenia. Whilst in the hospital she suffered from insomnia and she is undergoing the change of life, which makes her excitable and depressed at times. If there are any defective organs or there is any predisposition to disease it is especially likely to take place at this time, especially with regard to the brain or especially where the nerves are weak by heredity. I had her under observation at the hospital the whole time. My attention was chiefly surgical. She had to have sleeping draughts. She had a very wild appearance about her eyes and so on, and if anything happened out of the way she was excitable. Having regard to her family history, to her change of life, and the chronic Bright's disease, it is possible that she committed this crime in a moment of insanity. People suffering from chronic Bright's disease often have maniacal excitement. Insomnia is often one of the first symptoms of insanity. I have not discovered any other symptom.
Police-constable BRINKLEY, 526 Y. On December 29 I was called to 36, Salisbury Road, where I saw prisoner standing in the doorway with her daughter Lucy and deceased by the garden gate. Prisoner said, "That woman is my husband's mother. I want her out of my house," to which deceased replied, "Yes, my son lives here. I have as much right here as she has. They brought me up from the country." Lucy said, referring to deceased, "I want you to lock her up for smacking my face and making my nose bleed." I quieted them down as much as I could and ordered them indoors.
Divisional-inspector ARTHUR NEIL, Y Division. On the morning of April 8, on prisoner being discharged from the hospital, I told her I was a police inspector and that I was taking her to Wood Green Police Station, where she would be charged with the wilful murder of her mother-in-law, Anna Walker, at 36, Salisbury Road, on March 14. She was about to reply and I cautioned her. She then said, "No, I don't wish to say anything at present." When subsequently charged she made no reply.
Cross-examined. She bears a very good character in the neighbourhood. She has been for 12 months an out-patient at the Great Northern Central Hospital. Deceased's son was endeavouring to get her an old age pension and that was why she came to live with him; her husband had gone to the workhouse and she did not want to go there.
Detective-inspector FRANCIS CARLIN. At 2 p.m. on March 14 I went to the upper flat in 36, Salisbury Road, when a constable handed me the axe which has been produced. I have made certain inquiries with regard to prisoner's brother.
Verdict, Guilty, but insane. Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. S. W. P. Swinburne prosecuted.
HENRY CHARLES BUTLER , bricklayer, 6, John's Hill, St. George's. I have known prisoner about four years. About 9 p.m. on March 19 prisoner met me in a beershop and asked me if I was going to treat him. I said, "Don't bother me." My friends and I had three drinks, in which prisoner did not join. I and my friends went out and then I left them at the corner and walked up Watney Street. Prisoner came behind me and asked me if I was going to treat him, as he was out of work. I said I would. A woman named Brown came along at this moment and he said, "You might treat her as well." I agreed and we went into the "King and Queen" public-house and we all had a glass of ale each. I was quite sober, but prisoner had been drinking. He said then to the woman, "Charlie ain't greedy; he will give us another drink before he goes home." I gave him three pennies to call for three more drinks. A little while after he asked me to give him fourpence for a night's shelter. I said, "If you had asked me for it before instead of having the ale I would have given it to you, but I have spent what I've had and I cannot give it to you." He said, "You've been to work all the week. What have you done with your money?" I said, "That's my business. I have to pay my way." Mrs. Brown then said, "If I had the money I would give it to him. I would not let him walk about all night." After going outside three or four minutes prisoner came back and said, "Are you going to give me that?" I told him I had got it and he struck me in the breast. I felt a sharp pain and blood ran down my chest. I fell down and cried out as well as I could, "A man has stabbed me." Just before I went right off I heard the woman say to him, "You have done it, Jerry. Clear out of it quick." I remember no more till I came to at the hospital. I never had a quarrel with prisoner. This little pocket knife (produced) is mine. I am sure I did not take it out in the public house. I had not got it open in my pocket.
Cross-examined. You were in the beerhouse when I went in there. I was not with my wife. I know she paid 10d. for two nights' lodging for me at Mr. Burwood's because I was not very good friends with her and I do not feel very comfortable at home. Sometimes I leave so as to have peace. I did not go out and come into the "Gun Boat" beerhouse again. I do not know whether my wife called you out.
Dr. ROBERT YELVERTON STONES, house surgeon, London Hospital. I saw prosecutor in the hospital at 10 p.m. on March 19. He was suffering from a wound in the chest leading towards the heart. We found the knife had pierced the heart, which was exposed. It was sewn up. He was in a dangerous condition for three weeks. The wound was about three inches deep and could have been caused by a knife. He had been drinking, but as the wound he was suffering from would
cause his condition of semi-unconsciousness it was very difficult to say whether he was drunk. He is at present an out-patient.
JNO. WM. BISHOP , barman, "King and Queen" public-house. At 9.30 p.m. on March 19 prisoner, prosecutor, and a woman come in. Prisoner called for three glasses of ale. They stood in the corner of he bar talking together, and about ten minutes after I saw prisoner apparently calling prosecutor to come outside. Prosecutor said nothing. Then I saw prisoner punch the other man. I saw nothing in his hand. Prisoner and the woman then left the bar. Prosecutor undid his waistcoat and coat and said, "He has stabbed me." I did not hear prisoner say anything to the woman. Prosecutor sat on a form, asked me for a drink of water, and then laid on the floor and cried with pain. He then became unconscious and was taken to the hospital.
ELLEN BROWN . I am the wife of Alfred Brown, of 43, Eden Street. On March 19, a little after 9 p.m., I went with prosecutor and prisoner, whom I had met in Watney Street, to the "King and Queen" public-house. Prosecutor gave prisoner sixpence to call for three glasses of ale, and prisoner gave him the change back. They started quarrelling then, and prosecutor put his hands into his pockets and then put them behind him. Prisoner said to him, "Oh, is that your game, Charlie." I then looked behind prosecutor and I saw he had a knife in his hands trying to open it. I said to him, "For God's sake, Charlie, put that away," and I turned my head away, as seeing the knife in his hand turned me up inside. When I turned round prisoner was saying to him, "Come on Charlie. Come on." Then prosecutor went to make a claim on a bottle on the counter to throw it, and prisoner went into the street. I came out, spoke to a woman, and then went home.
To the Judge. I did not say, "You've done it, Jerry. Clear out quick." I knew prosecutor by name; we are neighbours in the same court. I cannot describe the knife that I saw in prosecutor's hands.
Sergeant FREDERICK GOODING, H Division. At 9.45 p.m. on March 19 I went to the "King and Queen" public-house, where I saw prosecutor lying on the floor stabbed in the left side. He was taken to the hospital. I found this white-handled knife (produced), which was shut, against the bar. At 3 o'clock the next morning I saw prisoner in a lodging-house, and said to him, "Jerry, we are going to arrest you for stabbing Charlie Butler last night at the 'King and Queen' public-house." He said, "All right. I hope the bastard is dead. He wouldn't give me a 'kip' (lodging). If I hadn't 'chivved' (knifed) him, he would have me. I'll be 'topped' (hung) for him." Whilst I was searching him he produced this knife, and I saw it had a bloodstain on it. He said, "That's what you want. That's what I done it with."
Inspector FREDERICK WENSLEY, H Division. At 9.30 a.m. on March 21 I saw prisoner at Shadwell Police Station. I said to him, "I am a police inspector and, in consequence of what I have been told, I shall charge you with the attempted murder of Charles Butler
by stabbing him in the chest with this knife at the "King and Queen" public-house at 9.30 p.m. on the 19th." He said, "That's my knife. I did it with it. I did it in self-defence."
Cross-examined. You asked me at the police court to find out prosecutor's previous convictions. I have had the records searched, and so far as we can ascertain he has never been convicted for stabbing. There are several convictions against him for drunk and disorderly conduct, and one or two cases of assault of a minor character.
Prisoner's statement before magistrate: "What I done I done in self-defence. This man was going to stab me and I stabbed him, knowing he has done several terms of imprisonment and is notorious for using a knife."
Prisoner, now called upon, handed in a statement in which he said: On March 19 I went with a friend to have a glass of ale when I saw Butler in a beerhouse called the "New Gunboat Inn," St. George's Street, E. I never spoke to him while he was in the house. Butler stated in his evidence that he went to the beerhouse with workmates and that I came in later on and I tapped him on the back and asked him to give me a glass of ale and asked him for money, but the missus of the house can prove that I never spoke to the man while he was in the house. As a fact, he went there with his wife, not with two workmates, as he stated in his evidence. Butler keeps a brothel. His wife left him in the beerhouse while she went next door to St. George's Chambers to pay two nights' lodging that cost 10d., because he heard the police were going to raid his house and he would not be found there. Mr. W. Burwood, manager of the lodging-house, can prove this to be true. Some 15 minutes later Butler's wife came and asked me if I could get through her window to open the street door and let her in as she had lost her key. She asked me because I was a smaller man than her husband. I went with her to No. 6, John's Hill, St. George's Street, and did as she asked me. That is how I came to be in Butler's company on that night. We went for a walk in Watney Street. We met the woman named Brown. I did not know this woman, but Butler knew her. He asked her to have a drink, and he suggested we should go to the "King and Queen" public-house, and we went there. He gave me sixpence to pay for three glasses of ale. I got them and gave him the change. Butler had quarrelled with a woman by the name of Mrs. Thorley earlier in the evening about his wife—him going to a lodging-house, leaving his wife to face the police to get another four months as his wife got before. This made Butler rather a bit quarrelsome in my company. He said to me, "You go in a lodging-house. Why don't you pay fivepence a night as I have done. I had paid my lodgings in the afternoon and I took fourpence from my pocket, and I said to him, "That is as much as I can afford." I said to him, "If I kept a brothel as long as you have I could pay 6d. a night," and he got quite upset because I had told him. He made a rush at a water-bottle that was on the counter and then he let it go, and he said to me, "All right, Jerry," and then he put his two hands in his trousers' pockets and took out a white-handled pocket-knife, which the police found on the floor of the "King and
Queen" public-house. I said to him, "Is this your game, Charlie?" I then took out my knife with the intention of preventing him from using his knife. He suddenly rushed on my knife, which was in my right hand, and as he rushed at me he pinned me against the partition. That is how the man was stabbed. He done it himself when he rushed at me. I wish to state this: Knowing this man to have stabbed several men, which the police can prove, I opened my knife to defend myself, thinking to prevent him from stabbing me. Butler used a knife on a man of the name of Aldridge, but he was not prosecuted for it. On December last he stabbed a man of the name of Newton, and Newton was locked up for stabbing, but the police at Leman Street Police Station saw that it was Newton that was stabbed. He was not prosecuted for the offence. He had a young girl in his service looking after one of his brothels. He had a child by her while his wife was doing four months in Holloway Prison for keeping a brothel. He gave the girl 3s. 6d. a week, and she don't get a penny. Her name is Saunders. This man works, it is true, when he thinks he will, for the purpose of preventing the police charging him with living on prostitution, which he has done for years. I have never in my life handled a knife to a living one on this earth, and I am sure this will be the last. I am sorry.
FREDERICK WEBSLEY (recalled). To the Judge. I cannot say whether prosecutor keeps a brothel; this has been sprung on me at the last minute and I have not made inquiries. He has not been convicted for it.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Ten previous convictions were proved. Prisoner was stated to be an associate of very bad characters.
Sentence, 5 years' penal servitude.
BEFORE THE RECORDER.
(Thursday, June 2.)
KING, Henry Edward Clarke (31, clerk), pleaded guilty of feloniously demanding and obtaining on April 30, 1910, £1, and on May 4, 1910, 18s., by means of certain forged instruments, to wit, forged Savings' Bank Account Books, knowing the same to be forged, with intent to defraud. Obtaining by false pretences from William George Frederick Clarke, on December 20' 1909, one railway ticket of the value of 13s. 9d., with intent to defraud. Prisoner confessed to having been convicted on May 26, 1907 at this Court, receiving 18 months' hard labour for forgery and larceny after a long series of convictions commencing in 1889; said to be connected with a gang of railway station thieves.
Sentence, 20 months' hard labour.
THOMPSON, Douglas George (31, gardener), pleaded guilty of breaking and entering the Congregational church, Grafton Square, S. W., and stealing therein a number of tea spoons and other articles, the goods of Lewes Jones and others, deacons of the said church. Prisoner confessed to having been convicted at Branksome Police Court on January 31, 1909, receiving one month's hard labour for stealing two coats. Stated to have been eight years in the 2nd Battalion Buff Regiment, discharged with good character.
Sentence, Three months' hard labour.
LEWIS, Robert (49, carman) , breaking and entering the dwelling-house of Edward Henry Berge with intent to commit a felony therein. Burglary in the dwelling-house of George Garland and stealing therein one gold ring and other articles, his goods. Assaulting William Murray, a constable of the Metropolitan Police Force, in the execution of his duty.
Prisoner pleaded guilty in the case of Berge. He also confessed to having been convicted on May 15, 1907, at South London Sessions, sentenced to three years' penal servitude and two years' police supervision for larceny from the person. Several previous convictions were proved, commencing February 2, 1891, and including 18 months, 18 months, and three and a half years' penal servitude. Stated to have been at work since his release in August, 1909.
Sentence, 15 months' hard labour.
MARKS, George Edward (28, clerk), and ROSSITER, John (29, shop assistant) , Marks stealing seven pairs of skates and other articles, the goods of Millard Brothers, Limited, his employers; Rossiter feloniously receiving the same well knowing them to have been stolen; Rossiter stealing two gramophones and other articles, the goods of the Gramophone Company, Limited, his employers.
Marks pleaded guilty. Rossiter was tried on the second indictment.
Mr. Horace B. Samuel prosecuted. Mr. Purcell appeared for Marks.
Detective-sergeant JOHN NEWING, E Division. On May 17 I visited Rossiter's house, 13, Brookdale Road, Catford, and found there one gramophone, 284 gramophone records, one horn in a basket, eight albums, seven boxes of needles, seven pairs of roller-skates, two bundles of bicycle spokes, three bicycle brushes, one pair of pliers, two screw hammers, a bicycle, four boxes of spoke washers, and several receipts (produced). I found a number of other articles at 22, Bexhill Road, the residence of Marks.
ARCHIBALD COOPER ANDERSON , assistant manager, Gramophone Company, 21, City Road. Gramophones and records (produced) are the property of my company. The records are marked "not for sale," and were for use in the laboratory—they have not been sold by us. The needles and albums are our goods—I could not say whether they have been sold. The sound box of the gramophone is numbered 139813—it is not registered in our books as sold. Prisoner has been employed for eight or nine years as assistant in our laboratory.
Cross-examined. The records may have been given to prisoner to destroy; it would in that case have been his duty to destroy them on the premises—not to take them away. I sold Rossiter a gramophone two or three years ago—it is not the one produced. The sound box of gramophone found at 13, Brookdale Road is No. 257068; that is registered as supplied to our laboratory; it has not been sold to anybody; it might have been broken up if worn out. I cannot say whether some of the records may not have been given to Rossiter by the head of his department, Mr. Gaisberg, who is here, but was not called at the police court.
Re-examined. Receipt (produced) dated December 12, 1908, is for a Junior Monarch gramophone sold to Rossiter for £2 10s., that was a single spring machine, value £5 10s., sold second-hand to prisoner, and is No. 213981. The machine (produced) is a "Monarch" double spring, value £7 10s. Receipts found at prisoner's house are
ARCHIBALD COOPER ANDERSON (recalled). It is the practice of my company to keep a record of all gramophones sold to employes. I have searched the books and only find recorded the sale to the prisoner of the Junior Monarch gramophone, receipt for which is produced.
Mr. Samuel said he would withdraw the charge with regard to the records and confine it to the gramophone only.
JOHN ROSSITER (prisoner, on oath). The gramophone (produced) is one of several that I have bought at various times from the company more than two years ago; they have all been second-hand machines; I have not kept the receipts.
At the suggestion of the Recorder the jury returned a verdict of Not Guilty.
Rossiter was then tried on the indictment for receiving from Marks a number of parts of a bicycle and six pairs of roller-skates, the property of Millard Brothers, the employers of Marks.
Detective-sergeant JOHN NEWING proved the finding of the articles at prisoner's house, 13, Brookdale Road, Catford.
OLIVER LEWIS MILLARD , managing director, Millard Brothers, Limited, 123, Houndsditch, dealers in bicycle accessories and skates, identified the articles found as goods similar to those sold by his company.
GEORGE EDWARD MARKS (prisoner). I have known Rossiter all my life. I agreed to supply him with the frame and parts of a bicycle for £4 2s. 8d., and took the articles produced from the stock of my employers. Rossiter paid me £1 10s. for the frame—I told him I had to pay cash for that; the other articles he had agreed to pay me for. The skates were taken by me, and were used by Rossiter, myself, and other friends at the rink; they were left at Rossiter's place for convenience.
Marks was stated to have borne for ten years an excellent character in the employment of Millard Brothers, Limited, and was strongly recommended to mercy by the prosecutors, who desired to assist him in getting other employment.
Prisoner was released on his own and his brother's recognisances in £25 each to come up for judgment if called upon.
ELI, George Barry (34, engineer) , committing wilful and corrupt perjury in the testimony he gave upon oath in his examination before the Court of Summary Jurisdiction sitting at Marlborough Street Police Court upon the hearing of a charge against Clara Watson; stealing two blankets and other articles, the goods of George Turnbull.
Prisoner pleaded guilty on the perjury indictment, which plea was accepted by the prosecution. He was proved to have been convicted on April 24,1907, at West London-Police Court and sentenced to three months' hard labour for living on the immoral earnings of Ethel Knowland (Clara Watson) .
Sentence, 12 months' hard labour.
PHILLIPS, Charles (51, agent), pleaded guilty of forging and uttering, knowing the same to be forged, the acceptance on a bill of exchange dated May 28, 1909, for £65 13s. 6d., and on a bill of exchange dated June 9, 1909, for £41 1s., and on a bill of exchange dated June 12, 1909, for £52 9s. 4d., and on a bill of exchange dated August 3, 1909, for £22 16s. 10d., and on a bill of exchange dated August 3,1909, for £22 16s. 10d., in each case with intent to defraud.
Prisoner confessed to having been convicted at this Court on April 2, 1901, in the name of Charles Hutchison, of forgery, receiving 18 months' hard labour. Stated to have since been carrying on a respectable business as a perfume manufacturer.
Sentence, Nine months' hard labour.
LOVICK, Mary (43, cook), pleaded guilty of stealing a banker's cheque for £2 15s., the goods of James Waddington; forging and uttering the said cheque with intent to defrand. Prisoner confessed to having been convicted at Leeds Assizes on May 6, 1901, receiving five years' penal servitude on three charges of forging postal orders, after a previous conviction on September 15, 1899, at this Court of eight months for forgery. She was stated to have been in employment since her release in 1904.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, June 2.)
Sullivan pleaded guilty of attempting to utter.
Mr. Wilkinson prosecuted, Mr. Thorne defended Sharpe.
Detective JOHN SHUARD, City Police. On April 13, about 3 p.m., I saw prisoners in Barbican. I heard Sullivan say to Sharpe, "What are you going to call for?" Sharpe replied, "Half of ale." Thinking it a strange remark I kept them under observation. Sullivan went into the "Black Horse" public-house and was followed by Sharpe. Shortly afterwards Sharpe left the house and waited near by when he was joined by Sullivan, who handed him a handful of silver. I followed them and saw Sharpe go into an oil shop, No. 29, and also into Mr. Beard's, a tobacconist, No. 30. Sullivan also went into the tobacconist's. I met Detective Board, and he joined me in keeping observation on prisoners. Sharpe next went into the "Whittington" public-house, in Moor Lane, and then into "The Grapes" public-house, in Milton Street, Sullivan waiting outside. I then followed them to the "Ninety-Nine" public-house, at the corner of Finsbury Pavement, which Sharpe entered. They then went back to "The Grapes," which both entered, Detective Board following into a different bar. Sharpe came out alone shortly afterwards, and Board having came out and made a communication to me, I followed Sharpe and told him I was a police officer and should arrest him. He said, "You have made a mistake, what is this for?" I told him I did not know, but that when I took him back to the public-house and confronted him with the other officer and Sullivan, he would be told. When he saw Sullivan he said, "I do not know that man." Detective Board then told him the charge. This was outside "The Grapes," Sullivan being then in custody. They were taken to the police station and searched. I do not know what Sullivan had upon him, but I saw that Sharpe had 17s. 9 1/2 d., one purse, and one fountain pen. Whilst he was being searched he palmed half a sovereign in his hand, and when he was undoing his boots we noticed he was holding his hand in a peculair way. We questioned him about it and he then put his hand on his coat, which was lying on the dock rail, and as he did so half a sovereign dropped from between his fingers. It was a good half sovereign. He said, "You are not going to have my money." They were formally charged and made no reply. Sullivan gave the name of Daniel Sullivan, but no address, and refused any account of himself. Sharpe refused to give his name and address or any account of himself. He said, "I refuse to tell you; find out."
Cross-examined by Mr. Thorne. Barbican is a very busy place about 3 p.m. I was vis-a-vis with prisoners two or three times. When prisoners were confronted Sullivan may have said that he did not know Sharpe. I heard Sullivan say at the police court that he had
never met Sharpe before. I am certain I have made no mistake about Sharpe.
Detective HENRY BOARD, City Police. With last witness I kept prisoners under observation. When they entered "The Grapes" public-house I walked into the adjoining bar to where prisoners were and heard Sullivan ask the barmaid for a glass of ale. He tended a sovereign in payment. I saw the coin. Prisoners were the only people in the bar. They were standing about three yards apart. The barmaid handed the change to Sullivan and prisoners stood together for a second or two, and then Sullivan pushed from among the silver on the counter a counterfeit half sovereign. Sharpe hurried out of the bar. Sullivan called out, "Miss, you might give me all silver." I noticed that the coin was bad, and went into the street and told Shuard what had occurred and asked him to follow Sharpe. I then went into the bar where Sullivan was. The manager came up and asked Sullivan where he got the half sovereign from. He said, "The barmaid gave it to me." The manager then told his barmaid to fetch the police. I said, "I am a police officer," and told Sullivan he would be charged with attempting to utter a counterfeit half sovereign. He made no reply. I took him into the street, and just then Shuard came up with Sharpe in custody. I told them both that they would be charged with uttering a counterfeit half sovereign. Sharpe said, "I do not know this man," pointing to Sullivan. I took possession of the coin and marked it. Prisoners were taken to the station and charged. I saw the genuine half sovereign that fell from Sharpe's hand at the station. Coin (produced) marked 1 is the one.
Cross-examined by Mr. Thomas. I heard Sullivan say at the Guildhall that the genuine half sovereign was not the one the barmaid gave him, that he kept that one in his mouth and swallowed it at the police station and recovered it while under remand at Brixton, and gave it away to a friend who visited him in his cells. I saw Sharpe's face a dozen times while I was watching. He passed me several times, and I am absolutely certain as to his identity.
GERTRUDE CULLUM , barmaid at the "Grapes," Milton Street, City. On April 13 Sharpe came in and called for a "pony" of bitter. I served him and he gave me a penny in payment. Sullivan then came in and asked for a glass of ale and tendered a sovereign. I gave him the change, one half sovereign and the rest in silver and bronze. I turned my back and then Sullivan said, "Miss, would you mind giving me all silver for this half-sovereign?" Coin produced is the one. It was not the one I gave him. I examined it and saw it was bad, and took it to my governor.
Cross-examined by Mr. Thorne. Prisoners came in immediately one after the other and had a conversation together as they were coming in. It would not be correct to say that one came in two minutes before the other, or that Sullivan came in after I had served the other man with his drink. If my deposition says otherwise it is incorrect.
I spoke to Sullivan. Sharpe was standing close to him. I asked him what he meant by trying to push this bad coin into my place and said I had a good mind to call for a constable. He said, "What's the matter?" and I said, "You can see what is the matter; it is a wrong one. You did not get it here." I kept the coin. Just as I said this Detective Board came in and Sullivan was taken into custody.
Cross-examined by Sullivan. I was in the bar when you were served.
LILY OSBOURNE , assistant to William Beard, tobacconist, 30, Barbican. On April 13 Sharpe came into the shop with a handful of silver and asked if I could give him a sovereign for a pound's worth of silver. I said I did not want any silver and he left. Three or four minutes afterwards, Sullivan entered and asked for half an ounce of Nosegay tobacco, 2 1/4 d. He handed me half a sovereign. I did not like the look of it and I said, "I cannot take this coin, I do not think it is a good one," and I handed it back to him. He said, "I have just got it from the cook-shop and I have only one penny on me of other money." He then left, taking the coin with him. Coin produced looks exactly like the one.
Cross-examined by Mr. Thorne. Although Sharpe was only in the shop two minutes I am certain he is the man. Perhaps I did say at the Guildhall that he was only in the shop half a second.
SAMUEL SPANTHAM , manager to Mr. Wilson, tobacconist, 31, Barbican. On April 13 Sullivan came into the shop and had half an ounce of shag and half an ounce of twist. He gave me half a sovereign in payment and I gave him the change.
WILLIAM JOHN WEBSTER , Inspector of Coins to His Majesty's Mint. Exhibit 2 is a counterfeit half sovereign. It has been altered from a sixpence. The reverse side to the head has been removed and filed and a thin sheet of the same side of a good half sovereign soldered on, and then the whole thing gilt. It is a rather unusual method of counterfeiting.
Verdict, Guilty. Several previous convictions were proved against both prisoners.
Sentence: Sullivan, Three years' penal servitude; Sharpe, 18 months' hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, June 2.)
Previous convictions were proved.
Sentence, Six months' hard labour.
WILSON, Thomas William (21, shop assistant), pleaded guilty of incurring certain debts and liabilities, to wit, 3s. to Bernard Boas and 5s. to Alice Abbott, obtaining credit under false pretences; obtaining by false pretences from Nellie Boas certain food to the value of 3s., and from Alice Abbott certain food to the value of 5s., in each case with intent to defraud; stealing two stoles and one hood, the goods of William Gowans, and feloniously receiving the same.
A previous conviction was proved.
Sentence, Three months' hard labour.
SMITH, Albert (49, Cape Mounted Policeman) , carnally knowing or attempting to carnally know Ethel Casey, a girl above the age of 13 years and under the age of 16 years, he not then having reasonable cause to believe the said Ethel Casey was of or above the age of 16 years.
Verdict, Guilty. Sentence, 18 months' hard labour.
Prisoner was released on her own recognisances in £1 to come up for judgment if called upon.
Mr. Moran prosecuted; Mr. Sidney Lamb defended.
FREDERICK WILLIS , 30, Richmond Crescent, Barns bury. My brother Richard lives next door to me. The houses are detached. A garden wall runs between the two houses. There is a passage-way at the side. On Whit Sunday I went out at 7.30 a.m. I returned at 11.30. I found the front door had been burst open, the lock bent, the dining-room door had also been burst open, the door post broken, and the back door had been opened from within.
RICHARD HERMANN WILLIS , 31, Richmond Crescent, Barnsbury. At 3 p.m. on Whit-Monday I came home with my wife and two little boys, when I saw prisoner coming along the pavement towards me. He stopped at number 30, went up to the door and knocked. I asked what he wanted. He said he wished to see Mr. Willis on important business—wanted to make some arrangements about a man coming into work on Wednesday morning. He left. I went indoors. My wife was present and heard all the conversation. I am sure prisoner is the man. At 9 p.m. I was in our dining-room having supper, when I heard the street door of number 30 shut. Knowing that my brother was away I thought something must be wrong. I ran to our street door and through the portico, when I heard a splittering of wood going on inside number 30. I ran indoors to get the key of the house, also a police whistle, and ran back. I found the lock had been broken. I called to my wife to listen. I told her someone was trying to get out at the back. I ran through our house to the garden at the back, where I saw the prisoner come out of the back of the next house into the garden. I challenged him and asked what he wanted there. He said he wanted to see Mr. Willis. I told him to stop there until I came round; instead of that he made off through the side entrance of number 30. I returned through our house and saw him coming out of the gate. He ran a little way down the crescent. I was joined by a
Mr. Whitehead, who followed on behind me. Half-way down the crescent prisoner turned and pretended to present a revolver, saying he would shoot us. He was then about 10 yards away. He then ran on again. Finding he could not get away by running he turned round again, he produced a steel rod with which he threatened us. He then ran into Sheen Grove and entered number 27. I was present when he was charged. He then gave 27, Sheen Grove as his address. I am quite sure prisoner is the man I saw when I looked over the wall.
(Friday, June 3.)
JOHN WHITEHEAD , 31, Richmond Crescent, Barnsbury. I was in my drawing-room on Whit Monday night. Mr. Willis came up to me. I went downstairs into the street, to the doorstep of No. 30, where Mr. Richard Willis was trying to get in the front door. I remained there a few minutes, and Mrs. Willis called out. Mr. Richard Willis went to the back of the premises. I went on to the steps of No. 31, I looked over from underneath the portico to the back premises. I saw someone there, and I came down the steps of No. 31 towards the gate. I was there before the man I saw at the back got there. Then I followed the man, who was prisoner. Mr. Richard Willis also followed. Prisoner was not running; it was something between a fast walk and a run. After we had got a little way prisoner turned round and pretended to present a revolver or something of that kind. I did not hear him say anything. We followed him out of Richmond Crescent into Sheen Grove. Before he got out of Richmond Crescent he turned round and flourished something. I could not say what. At the corner of Sheen Grove he also flourished something again.
Cross-examined. We followed prisoner all the time at a pace which was between a walk and a run. Mr. Willis was blowing the police whistle for assistance, but no assistance came. I do not know what Mrs. Willis was doing. I do not know that I was anxious to arrest prisoner, and as I had not taken lessons in ju-jitsu I kept a respectful distance away. The distances between prisoner and myself would vary from ten to thirty yards. I am on friendly, but not intimate, terms with Mr. Richard Willis. When I went to identify prisoner the Willis's went with me to the station. We did not go into the room together. I was the last to go in. The others stayed in the room, where the identification took place. I cannot tell you what conversation we had on the way to the station. It was on general topics. We might have spoken about this matter.
CLARA WILLIS , wife of Richard Hermann Willis. At 3 p.m. on Whit Monday I was going up Richmond Crescent with my husband. Prisoner went up the steps of No. 30 and knocked at the door. My husband asked what he wanted. He said he wanted to see Mr. Willis on important business. My husband said he was not at home. Prisoner inquired when he could see him, as he wished to do so before Wednesday morning. My husband said he would not be back until Tuesday night. Prisoner then went away. About nine o'clock in the
evening I heard the house door at No. 30 slammed. I was then in the front breakfast parlour. I sat still for a moment, and my husband went to the door. After a moment or two I followed, and he told me to stand still and listen for a sound at the back entrance. I went round to the back and saw the back of the prisoner disappearing out of the back entrance of No. 30. I did not see his face. I know the man I saw is prisoner by his form; I also heard his voice before. I identified prisoner among ten or eleven men. I picked him out before. I went along all the men. He was about the fifth man. I had no hesitation.
Police-constable WALTER FOX, 332 Y. On Whit Tuesday, about 4 p.m., I saw prisoner in Caledonian Road, outside the "Albion" public-house. He was in the company of a woman. I touched him on the shoulder, and said, "I am a police officer." He said, to the woman apparently, "I am caught." I said, "You answer the description of a man that was seen on the premises of No. 30, Richmond Crescent last night about 9.30." He said, "I do not know the place." I asked if he resided at 27, Sheen Grove. He said, "Never mind where I live, the police never saw me there." I told him I should arrest him on suspicion, and he would have to come to Caledonian. Road Police Station. He said, "You are only wasting your time taking me up. They won't identify me." We then went to the station, where he was placed with ten others and picked out by four witnesses.
Police-constable 53 Y. (To the Judge.) I arranged the identification. Ten men were put up with him. They were all big, stout, roughly-dressed men, six were clean shaven, four had moustaches, and one had a very slight dark moustache. They were men of similar height and appearance, not perhaps so stout as prisoner. I asked prisoner if he had any objection to take to either of the men or the arrangements made for his identification. He said "No." He changed his position after each witness had identified him.
GEORGE WATSON (prisoner, on oath). On this day I was in and out of my house; I had been very queer, and I had been backwards and forwards to the "Duke of Wellington" public-house, not fifty yards away. I was there when I heard the police whistles. I was among the crowd when the three policemen went in and searched my house, and there was nobody to be found there. I have been queer since I have been in Brixton Prison. I was sent to bed there and then, and been in hospital ever since. The doctor can certify that I am not in a fit state to run or anything. I went into this public-house at 9 p.m. Prior to that I had been no further than Sheen Grove all day. I live at 27, Sheen Grove with my wife in furnished apartments. There are other lodgers.
Cross-examined. This is a case of mistaken identity. I did not go into No. 27, Sheen Grove. I heard the police whistles, and was among the crowd. There were three policemen called who searched' the house. I did not say when I was arrested, "I am caught." When
I was identified I was the only big man there. I was not at No. 30, Richmond Crescent, in the afternoon. I was not in the crescent at all.
Previous convictions were proved.
Sentence, 20 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, June 3.)
Sentence, Three years' penal servitude.
Mr. Thatcher prosecuted; Mr. C. F. Gill, K. C., and Mr. Clarke Hall defended.
At the close of the evidence for the prosecution Mr. Gill submitted that there was no case to go to the jury. Mr. Justice Grantham agreeing, the jury were directed to return a verdict of Not guilty.
BEFORE THE RECORDER.
(Friday, June 3.)
CLEMSON, James (50, bootmaker), pleaded guilty of corruptly endeavouring to induce James Baker, a constable of the Metropolitan Police Force, by means of a bribe, to wit, the sum of £2, to omit to do an act which he knew to be a violation of such officer's official duty, namely, to refrain from arresting Dick Condon for the offence of betting in the streets.
Sentence, Three months' imprisonment.
BERRY, Frank Percy (30, clerk), pleaded guilty of stealing a banker's cheque and order for the payment of £79 1s. 3d., the property of Charles Simpson Wilson and others, his employers. Prisoner confessed to having been convicted on May 28, 1907, at Clerkenwell Sessions, receiving 15 months' hard labour for embezzlement, after three previous convictions; February 3, 1899, Clerkenwell, bound over for stealing a ring; November 10, 1905, Stratford Petty Sessions, six months' hard labour for stealing money; September 19, 1906, South London Sessions, six months for stealing money. He was stated to be a very clever clerk and also a good musician, but to give way to drink.
Sentence, Nine months' hard labour.
Mr. H. R. D. May prosecuted
CAROLINE ROLL , wife of Franz Boll, 32, Albright Street, Regent's Park. In August, 1909, I let prisoner a room at 7s. 6d. a week. He was alone at first; subsequently his wife and child came. They had partial board in addition and in October owed me £6 2s. 8d. I asked the prisoner for money and he said he had two Indian shares, value £13 78. each, in Farrow's Bank, Cheapside, which would become due on December 24, when he would pay me. I continued to supply him with food and lodging. On December 24 he said his grandmother had stopped his shares. He said he had an engagement for three days as a comedian at the Crystal Palace at 15s. a turn and an extra turn at the Hippodrome, and that he would pay on Saturday. He paid £2 14s. I gave him a dress shirt and a child's coat on Saturday, January 22, when he said he and his wife and child were going to dinner with his manager. They then left the house and never returned. On January 24 he wrote stating that he would pay me and that he had left, as it was no use his getting further into debt. When, he first came he paid two weeks' rent in advance, 15s.; another 15s. on August 23, and £2 on November 20. When he left he owed £12 10s. 2d. I took proceedings in March. I should not have given prisoner credit but for his statements as to the shares in Farrow's Bank and his engagements.
FRANCIS J. S. RADFORD , clerk at Farrow's Bank. I produce certified copy of prisoner's account at my bank. On July 17, 1910, there was a credit balance of £26 14s.; on August 16 a debit balance of 1s. Nothing has since been paid in. My bank held no Indian or other shares for prisoner.
Sergeant STEPHEN CRUICKSHANK, H Division. On February 17 I held a warrant for the arrest of prisoner and on April 26 arrested him for obtaining credit for £12 10s. by false representations from Franz Roll. He said, "All right." When charged he made no reply.
Cross-examined. Prisoner stated he was not aware a warrant was out for his apprehension.
Prisoner's statement. "I could pay the money if I was at liberty. I had no intention to defraud. I went away in order to earn money to pay Mrs. Roll. She made it very unpleasant and that is why I left."
FRANCIS CALLAOHAN (prisoner, not on oath) said that he had suffered from an abscess in his leg and had been unable to do work; he admitted telling a lie about the Indian shares, but expected to get the money from his grandmother; he had no intent to defraud. On arrest he had offered to send money to Mrs. Roll, but had been told he could not do so as the police had intervened. He said he left the lodgings in consequence of Mrs. Roll assaulting his wife and through the unpleasantness owing to his not making the payment as he expected and that he had paid what sums he could. He had never been in. trouble before and had been six weeks in prison.
Verdict, " Guilty, but we strongly recommend him to mercy. We think he has had quite sufficient punishment."
Sentence, One month's hard labour.
SPOKES, Francis (19, carman), and DENNINGTON, John (18, labourer) , both robbery with violence upon Anna Bray, and stealing from her one bag containing £35, certain keys and other articles, her goods.
Mr. S. A. Kyffin prosecuted.
ANNA BRAY , 17, Crofton Road, Hanwell, wife of David Bray. I own house property in Clifton Terrace, Peckham, the rents of which I have for 21 years collected weekly on Monday. On Monday, April 25, at 4 p.m., I had collected about £35 in gold and silver, arranged in bags inside a leather bag, which I carried in my left hand. As I crossed from 97, Clifton Crescent, a young man took hold of and tried to drag my bag from me. I was then knocked on the kerb by a kick in the back; my arm was stretched out and was broke nby my assailant treading on it and moving his foot backwards and forwards. I still held to the bag with my left hand when I received a kick in the head, giving me a black eye for a fortnight, and fearing further injury I let go the bag. There were two men attacking me. I saw the one who got the bag—he was short, fair, had a serious-looking face, and was about 19 or 20 years old—I was surprised at his looking so young after the violence he had used. They ran off. I got to my brother's shop, and was seen by a doctor, who put my arm in splints, and I was taken to St. Thomas's Hospital in a cab. My arm is still in splints, I cannot use my hand, I suffered from severe shock, and have not been able to sleep until lately. I was not able to go to the Court to give evidence for 10 days. I afterwards went to the station, but was unable to identify the prisoners. I now say that looking at Dennington side faced I believe him to be the fair man who attacked me.
Cross-examined. At the police court I picked out one fair man (not the prisoner) as my assailant. I never saw the other man.
ERNEST BURTON , 122, Clifton Crescent, 14 years old, errand boy to his father, stable keeper. On April 25, at about 4.30 p.m., I came from Leo Street into Clifton Terrace when I saw a lady laying on her back on the kerb with the two prisoners standing over her. Dennington snatched the bag from the lady, threw it over to Spokes, who was a yard away, and they ran off down Leo Street. I called out, "I know you." I have seen the two prisoners dozens of times. I knew Dennington by the name of "Denton." I have frequently seen prisoners standing by the "Rising Sun," in Old Kent Road, with other lads. I communicated with the prosecutrix's brother and a constable at the brother's shop.
Cross-examined. I did not say at the police court that Spokes took the bag.
WILLIAM CRAWLEY , 7, Taunton Street, Peckham, errand boy. On April 25 I was delivering goods in Clifton Crescent when I saw two boys struggling with a lady on the ground on the right side of the road and trying to get her bag away. Dennington (whom I identify)
snatched it away and threw it to the other, and they ran off down Leo Street. I saw Dennington's face. I afterwards picked out Dennington from a number of other lads at the police station. I do not identify Spokes.
Cross-examined. I did not tell the magistrate that I had seen the old lady lying on the kerb by herself and that the other boy had told me about it.
(Saturday, June 4.)
DAVID FENNELL , M. D. On April 25 I was called to attend prosecutrix. She had a simple fracture of the right arm, a bruise on the right hand, a severe bruise over the forehead and eye, and was suffering from severe shock. The injuries being on the right side would indicate that she had fallen on that side. The fracture might have been caused by a man treading on the arm. The bruise over the eye might have been caused by a kick, but more probably by the fall. I put her arm in splints and sent her to the hospital. She left the hospital at her own wish on May 3, when I again examined her and found two bruises over the right ribs.
Detective-sergeant JOHN BISSELL, P Division. On April 27, at 12.15 a.m., I went with another officer to 2, Cambrook Grove, Hatcham, where I found Spokes. I said, "We are police officers, and I am going to take you into custody on suspicion of being concerned with a lad named Dennington in assaulting and robbing a lady of £35 in Clifton Crescent on Monday afternoon, at about 4.30 p.m." He said, "I have not been with Dennington lately. I was having a ride on Monday afternoon in one of Parker's vans." I took him to Peckham Station. When there he said, "I was at my sister's place, in Upcott Street, from 2 to 4.30 on Monday. At about 12.45 a.m., the same morning, I saw Dennington in Tufton Street, Hatcham. I charged him with being concerned with Spokes. He said, "I know nothing about it. I was with Dave Sullivan selling firewood on Monday afternoon, and I went with him to the Crown Theatre in the evening, where I met Spokes in the gallery. I was not in Clifton Crescent on Monday afternoon." I took him to Peckham Police Station, and whilst sitting there he said, "I was out 'totting' (picking up rags and bones) with a man, I do not know his name, round Rye Lane on Monday afternoon." About 9.30 a.m., the same morning, prisoners were put with eight other lads of similar stature, age, and appearance; Burton was brought in and without hesitation picked out both prisoners. Burton was then removed to another room; Crawford was brought in and identified Dennington, but could not identify the second man. Two or three weeks afterwards prosecutrix came to identify; the prisoners were put up amongst 10 or 12 others, but she failed to pick out either of the prisoners.
Cross-examined. We had some information from a road scraper and a young girl who had only seen the men's backs as they were running
away. The road scraper picked out a fair lad and said he looked like one of those he saw running. His identification was worthless.
Statesments. Spokes: "We had nothing to do with it. I do not see why I should be brought up here." Dennington: "I had nothing to do with it whatever."
FRANCIS SPOKES (prisoner, on oath). On April 25 I was at my sister-in-law's from 2.15 to 4.15 p.m., when I posted a letter at Old Kent Road Post-Office, and was going to my home at 2, Canbrook Road, Old Kent Road, when I saw Dennington come out of a coffeeshop, and spoke to him. As we were talking I heard a scream. I said, "What is that scream?" Dennington said it was the children coming out of school. We heard the scream again, looked round the corner, and saw three fellows running. Dennington ran after them, and I ran round the next turning to see if I could see them coming round. I then stopped. Dennington kept on. I did not go and see what was the cause of the screams. We were standing about eighty or 100 yards from Clifton Crescent, where the scream came from.
Cross-examined. My sister-in-law is not here. The coffee-shop is at the corner of Leo Street. The men went round Leo Street into Green Street. We followed to see what they had—what was the matter. I stopped in Gerrard Street. I have been out on bail. Dennington has told me he followed the men to the Canal, when they threatened to chuck him in, so he came back. I never stand outside the "Rising Sun." I have only been with Dennington about twice in my life. I have seen Burton once. I have told Sergeant Bissell what he has stated. I was in Parker's van before going to my sister-in-law's. I never spoke of seeing the men until to-day.
JOHN DENNINGTON (prisoner, on oath). I live at 20, Pritson Street, Old Kent Road. On April 25, at 9.30 a.m., I went with Dave Suliivan until 1 p.m., when I went with a man buying rags and bones till about 1 p.m. I left him at 4 p.m.; he gave me 3d. to get something to eat, and I went into the Enterprise coffee-shop, Old Kent Road. As I was coming out I met Spokes. He said he had just posted a letter. We stood at the corner about five minutes talking, when we heard a scream. Spokes asked what it was. I told him it was the children. We heard a second scream, looked round the corner, and saw three fellows running from Leo Street, past Clifton Crescent, which is about eighty yards from where we were. I ran after the men, Spokes going orund the other way. I followed them to the Cana, when they said, "If you come much further you are going in here." So I came back. The prosecutrix was then gone.
Cross-examined. I do not know the man's name I went totting with—he is about twenty-two, and lives in the Buildings. I have asked him to come here. I told Bissell I was with Dave Sullivan in the morning—not the afternoon. I told him nothing of the screams or of the three men. The men were about my size, aged about 17, 19, and 21.
HENRY PACKHAM , 29, Maccallum Road, Peckham, labourer. I was empoyed nine months ago at the Quantock Laundry; since then I have been selling flowers. I was put up with the prisoners and others when the prosecutrix came to identify. She could not identify anyone.
Verdict (both), Guilty.
Dennington was stated to have done no work for two years, to have been twice convicted of van robberies, bound over on the first occasion, and sentenced to one month's hard labour on the second, and to be the associate and eader of a gang of young thieves.
Sentence, Dennington, Three years' imprisonment in a Borstal institution; Spokes, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, June 3.)
Mr. Pickersgill, M. P., prosecuted.
Detective WILLIAM FAUX, J Division. On May 3, about 10.30 p.m., with Detectives Course and Graver, I was in Dalston Lane and saw prisoners and another man not in custody holding a conversation at the corner of Queen's Road. They went to the "George" public-house in Parkham Road, remained there a short time, and then two of the men came out and went into the urinal in Wilton Road. I believe Gray was one. The urinal is about 20 yards from the public-house. They remained there about four minutes and then returned to the bar. After a few minutes all three men left the house and walked to Massey Road, where they turned into a cul-de-sac. They stayed there a little while and again returned to the public-house. After remaining there about 15 minutes two of the men went to the urinal again. Gray was one. They again returned to the bar and after a short time the three men left and walked to Dalston Lane, where Course went round to try and intercept them. The third man looked round and saw me and Graver and immediately went off. I arrested Gray. I said, "What are you loitering about here for?" He said, "Having a look round." I told him I was a police officer and that he would have to come to the station as I was not satisfied. At the station I searched him and found in his right-hand coat pocket nine counterfeit shillings, five counterfeit florins, ten counterfeit half-crowns, two halfpence good money, and two keys. I produce the coins. They were wrapped in a piece of newspaper, which was wet when I took them from him. I said, "How do you account for these counterfeit coins?" He said, "A man gave them to us at the top about an hour ago." I said, "What is his name?" He said, "I do not know; I then asked him where the man lived and he said, "I do not
know; I have only met him about twice." Matthews said, "That is quite right. He asked us if we wanted to earn a couple of bob." When charged they made no reply.
Detective GRAVER, J Division. I arrested Matthews. I asked him what he had been loitering about the different roads for, and he said "Nothing." At the station he said, "What he said, "meaning Gray, "was quite right. We met a man at the top of the road; he asked us if we wanted to earn two shillings, and he gave us a drink." I found eightpence in bronze, good money, on him and no bad money. I went into the urinal after they went in the second time and found this bad florin (produced) in the urinal. It has a piece cut out of it as if it had been tested; the other coins are uninjured.
WILLIAM JOHN WEBSTER , Examiner of Coins, His Majesty's Mint. The coins produced to me, nine shillings, five florins, and ten half-crowns, are all counterfeit. This two shilling piece (produced), marked "E. G.," is of the same mould as the five florins, the same date. It looks as if someone had tested it with a pair of pincers.
CHARLES GRAY (prisoner, on oath). The first time I see this man that came up to us and asked us if we wanted to earn two shillings, meaning a shilling each, was in Kingsland Road, at the corner of Dalston Lane. He asked us to have a drink. He said he was going to sell something to a man, and we went into the pub. the detectives saw us first enter. I do not know the name of the house. The man said, "I won't be a minute. I am going to see if the man is at home." He went away by himself and came back five minutes later. Him and Matthews went out to the urinal and then they came back, and he said, "Let's have another drink." Then this man went round to the house again to see if the man had got up, that he was supposed to sell the stuff to that he was supposed to have. He came back and said that the man had gone out to look for him and he says to me, "Come outside for a minute." He went out and I followed him into the urinal adjoining the public-house. When there he struck a match and said, "Pick them up," pointing to two packets in the gully, and I picked them up and put them in my pocket, not knowing what they were. We then went back to the public-house where Matthews was and finished our drink. Then this man says, "We will go and see if he if up at the top," and as we were going along we were arrested. They never troubled to try and catch the other man.
Cross-examined. Matthews and I have worked together ever since we were about 14 years old. Our work is unloading mineral water vans at Batty's place. It depends on whether there are many empties to unload whether we get a job or not. The driver engages us, sometimes he gives us 2d. and sometimes 3d. I only had one job that day from 3 till 7. At 8.30 Matthews and I went for a walk as far as Dalston Lane, and then we met this man. I had seen him once before when a fire engine turned over in Kingsland Road; he came up and
spoke to me as I had hold of one of the horses. It is not true that I went to the urinal twice. I only went once and that was for the purpose of using it, and then the man told me to pick the packets up. I did not know what they contained or I should not have done it.
Sentence (each prisoner), Six months' hard labour.
FISH, Harry (30, bootmaker), ABBOTT, Frederick (29, agent), MERRITT, Thomas (35, porter), LEFLEY, William (32, butcher), and ELLIOTT, John (44, porter), all conspiring and agreeing together by false pretences to defraud Alec Curtis Copley and others of His Majesty's subjects of their moneys; all forging certain writings, to wit, the addresses on certain letters purporting to be post letters, with intent to defraud, to wit, on April 21, 1910, a letter addressed to A. C. Copley, Esq., on April 22, 1910, a letter addressed to J. Hudson, Esq., and on May 4, 1910, a certain letter addressed to Messrs. Bromley and Company.
Mr. R. D. Muir and Mr. Forster Boulton prosecuted; Mr. Huntly Jenkins defended Fish; Mr. St. John Macdonald and Mr. Christie defended Abbott and Merritt; Mr. Turrell and Mr. Walsh defended Lefley; Mr. Eustace Fulton defended Elliott.
Fish pleaded guilty to the conspiracy charge. Abbott pleaded guilty to all the indictments.
FREDERICK CHARLES CARTWRIGHT , messenger, Investigation Department, G. P. O. Since March 14 I have been keeping observation on prisoners. On March 22, I saw Fish and Merritt leave Fish's house, 10, Windus Road, Stoke Newington, at 3 p.m. I followed them to Dalston Junction where Fish bought an evening paper from a lad who was shouting, "2.30 winner." They then proceeded by car to the "Angel," Islington, where Fish bought another newspaper. They then entered the "Bluecoat Boy" public-house, at the corner of Goswell Road, and after buying some refreshment sat down at a table, and I saw Merritt with some writing paper and an envelope writing upon it. Fish appeared to be reading from a newspaper to him. At 3.40 they left and went down Pentonville Road and stopped at the corner of Southampton Street until about 4.40, when I saw Postman Haris, 82 N, coming down Pentonville Road in the direction of the "Angel," delivering letters. Merritt walked towards him and appeared to look at his number and returned to Fish. Fish stood in the middle of the footpath with a memorandum book in his hand as though writing with a pencil in it, and Merritt took up a position about three yards in front of Fish. As the postman approached Merritt, Merritt walked quickly towards him and threw a letter on the ground behind the post-man. Fish made a noise with his mouth which drew the attention of the postman, and pointed to the ground with his pencil. The postman looked round, saw a letter on the ground, and picked it up and examined it. Fish then cleared away in the same direction as Merritt. I spoke to the postman and told him what had happened to the letter. He showed me the letter, which was addressed to Mr. Clarke, 1, Gibson House, 233, Pentonville Road. I instructed him to make a mark
upon the cover of the letter, and at the same time I made two pinholes through one of the two halfpenny postage stamps on the envelope. The holes went right through the envelope and the contents. The postman then delivered the letter. There are two pinholes close together on this piece of paper, Exhibit 1. There was a Stoke Newington postmark on the envelope and "12.30 p.m. 22nd March." On April 21 I saw Fish, Merritt, and Abbott standing outside the "Fountain" public house in Foster Lane, City, about 2.45. The postman delivered some letters at No. 1a, a tobacconist ship, where letters may be addressed to be called for. As soon as he left I saw Abbott go in and receive some letters from a person behind the counter. He then joined Merritt and showed him something. Fish had disappeared. They walked to Noble Street where they met Fish, who had a newspaper in his hand. Abbott looked over Fish's shoulder at the newspaper. I think it was Sandown Park race day. Boys selling papers were shouting out "Winner." Abbott then went down into the underground lavatory in Falcon Square, and shortly rejoined Fish and Merritt and showed them a letter with a stamp on it. They then hastened to Copthall Avenue where they separated, and took up separate positions on one side of the street. About 3.30 a postman came along delivering letters, and as he came out of No. 16 Abbott walked towards him, and as he passed the postman he threw a letter to the ground. Merritt, who was walking towards the postman, called his attention to it, and the post-man picked it up and put it amongst his other letters for delivery. Prisoners disappeared and I spoke to the postman, Swan, who showed me the envelope (produced) addressed to A. C. Copley, Esq., Moorgate House, Copthall Avenue, postmark Was worth, 12.15 p.m., is the one. I went with Swan and he delivered the letter. I made a communication to Mr. Johnston, Mr. Copley's manager, who opened the letter. e took out a betting slip, Exhibit 3. Next day I saw Fish and Abbott in Foster Lane. A postman came along about 3.45 delivering letters. He went into 1a, Foster Lane, and after the postman left Fish entered and received some letters from a person behind the counter. He then joined Abbott and they entered a court at the side of the "Fountain" public-house, Foster Lane, where Fish showed Abbott some letters. They then went to Noble Street and bought a newspaper and entered the "Bell" public-house. This also was a racing day. In a few minutes Abbott left and went to the under-ground convenience in Falcon Square, where I had seen him go the day before, and returned shortly to the "Bell" and rejoined Fish Fish was setting at a table writing with a fountain pen on some letters and envelopes. They then went to Fore Street, where Fish stood outside the "Plough" public-house, Abbott walking backwards and forwards watching a postman delivering letters. Fish moved quickly towards the postman and threw a letter down by the postman's leg. Abbott motioned to the postman, who stooped down and picked the letter up and put it amongst his other letters. Abbott watched the postman and saw him go into 61, Fore Street, and then he disappeared, as Fish had already done. I spoke to the postman, Burrows, inside 61, Fore Street. He showed me the letter. It was addressed to J. Hudson,
Esq., 61, Fore Street. I delivered the letter at Mr. Hudson's private address later, 459, Coldharbour Lane, Brixton, and was present when he opened it. He handed the envelope and its contents back to me. This is the enclosure. On May 4 I saw Abbott leave his house, 247, Sayer Street, Walworth, and followed him to 6, Cyrus Street, Clerkenwell, where Elliott lives. Elliott came out and joined him, and they both entered a public-house at the corner of Compton Street and St. John's Road. In about 20 minutes they both returned to 6, Cyrus Street, where Abbott remained on the doorstep until Elliott left the house again. They went into St. John's Road. Elliott went down Aylesbury Street, and I followed Abbott to 10, Windus Road, Stamford Hill, Fish 's address. At half-past two I saw Fish, Lefley, and Abbott leave 10, Windus Road, and travel to Bloomsbury, where Fish purchased a paper. It was Chester race day. I bought a paper from a lad shouting "2.30. Winner." Abbott and Fish, then went into the "Albion" public-house, at corner of Southampton Row and Hart Street, Lefley waiting outside. Soon afterwards all three of them went to a public-house in High Holborn. About 3.40 a boy passed the public-house shouting "Big winner," and Fish went out and bought a newspaper from the boy. I also bought one, Exhibit 6. It contains the winner of the Chester Cup and the 2.30 race. Fish returned to the public-house, and then all three left. At about 3.50 Abbott walked on in front of the other two and they turned into Southampton Row. As a postman was crossing the road with some letters in his hand, Lefley appeared to call the attention of Fish to the postman. Fish signalled Abbott, and all three had a consultation. Abbott then crossed the road and stood at the corner of Eagle Street, Fish and Lefley going to the opposite corner. As the postman passed Abbott he threw a letter to the ground at the back of the postman. Fish and Lefley shouted, "Hi, hi," and both pointed to the ground. The postman picked the letter up and prisoners disappeared. I spoke to the postman and he showed me the letter, Exhibit 7, addressed to Bromley and Company, Avenue Chambers. I went with the postman and saw him deliver the letter to Mr. Dale, manager of Bromley and Company. He opened the letter and took out Exhibit 8, which he handed to me. At various times I have seen prisoners together.
Cross-examined by Mr. Walsh. May 4 was not the only occasion I have seen Lefley with prisoners, but it was the only occasion I have seen him assisting in the fraud. I was suspicious that Fish would do something wrong. Lefley was a constant caller at Fish's address, and it occurred to me that Lefley was assisting him, and I kept my eye on him. I am absolutely sure I saw Lefley point to the letter on the ground on May 4. It is not odd that both men called out "Hi, hi," that is the general expression if anybody drops anything.
Cross-examined by Mr. Fulton. On April 25 I followed Abbott and Merritt to 6, Cyrus Street, where they were directed to Aylesbury Street, and there they saw Elliott. On April 29 I saw Fish, Abbott, and Elliott outside 6, Cyrus Street, and they all entered the house together. May 4 would be the third occasion on which I myself saw Elliott with prisoners.
(Saturday, June 4.)
BENJAMIN STANNARD , cashier, London and South-Western Bank, Smithfield Branch. Elliott had an account at the bank, and I can speak to his signature. Exhibit 9 is in his handwriting. Exhibits 10, 33, 35, 41, and 42 are all in Elliott's handwriting. Exhibits 4 and 5 are not in the same handwriting as Exhibit 42. Exhibit 5 and Exhibit 43 are, in my opinion, the same handwriting. Exhibit 39 is not Elliott's handwriting. Exhibit 44, signed J. Elliott, is also in another handwriting.
JAMES WILLEY , messenger, G. P. O. On March 22 I saw Fish and Merritt leave former's house at 2.30. I followed them to the "Bluecoat Boy" public-house, City Road, and saw Merritt writing on paper in that public-house by the direction of Fish. About 3.40 I saw Fish and Merritt standing at corner of Southampton Street and Pentonville Road. A postman was delivering letters, and Merritt dropped a letter as the postman passed. Fish pointed to the letter, and told the postman that he had dropped something. The postman picked up the letter. On May 4, about 12 o'clock, I saw Lefley post some letters at the Stamford Hin Road Post-Office. I next saw him at 2.30 in the company of Fish and Abbott in Windus Road. I followed them to a public-house in High Holborn, which they entered. About 3.40 Fish came out, and bought a paper and returned. Then they all three came out, Abbott walking in advance. I followed them to Southampton Row, where I saw postman Chapple making his delivery. As he passed Abbott, Abbott threw a letter on the pavement. Fish pointed to the letter with his umbrella and Lefley with his finger, and called the postman's attention to it, and he picked it up.
Cross-examined by Mr. Turrell. I have been watching these men from about the beginning of April. During that month I never saw Lefley in the company of prisoners in racing hours. The 4th May was the only occasion I saw him in their company in racing hours. Cart-wright was with me. I am quite sure Lefley pointed to the letter.
JOSEPH HENRY HARRIS , postman, No. 85, Northern District. About 4.40, on March 22, I was delivering letters in Pentonville Road, when someone said, "Hi, postman," and pointed to a letter on the pavement, and said, "You have dropped a letter." I picked it up. It was addressed to Mr. Clarke, 1, Gibson House, 233, Pentonville Road. It had the Stoke Newington post-mark, 1.30 p.m., March 22. As I was delivering it Cartwright spoke to me, and on his instructions I marked the envelope in the corner with indelible pencil, and Cartwright ran a pin twice through the envelope. I then delivered the letter. I cannot identify any of the prisoners.
through the stamp and a pencil mark on the back of the envelope. The envelope has been destroyed. Exhibit 1 is part of the betting slip that envelope contained. The missing part got destroyed.
CHARLES HENRY SWAN , postman, 256, E. C. District. At 3.45 on April 21 I was delivering letters in Copthall Avenue when I heard somebody call, "Hi, postman, you have dropped a letter." I picked it up. This is the letter, with my initials on the back, "C.H.S." Cartwright spoke to me, and I delivered the letter afterwards. (To the Jury.) I could not identify any of the prisoners. There is no rule of the post-office that a postman is not to pick up a letter.
WALTER JOHNSTON , manager to Mr. Copley, Turf commission agent, 26, Copthall Avenue. On April 21 Swan and Cartwright delivered Exhibit 2, containing betting slip, Exhibit 3, to me. When the letter was delivered the races were over and the horses had won.
EDWARD WRIGHT , tobacconist, 1a, Foster Lane. I take in letters for persons who desire to have them addressed to my shop. I know Fish, and received letters for him in the name of Cole. The envelopes were addressed in pencil.
WILLIAM JOHN VIOLET , Assistant Superintendent, E. C. District Post-Office. On April 22 I kept observation on letters coming from Leicester addressed to Cole, 1a, Foster Lane. On that day I saw one so addressed, Exhibit 4. That is now addressed to John Hudson, Esq., 61, Fore Street, in ink. When addressed to Cole it was written very lightly in pencil, and very slightly sealed at the edge of the flap. I initialled that envelope with invisible ink in order to identify it. It was developed in the presence of the magistrate and myself at the police-court, and the initials are now visible, "W. J.V." Having marked it I allowed the letter to go through the post in the ordinary way.
WILLIAM BURROWS , postman, E. C. Division. About 4.40 on April 22, I was delivering letters in Fore Street, outside the "Plough" public-house, when someboy called, "Hi, postman, you have dropped a letter." I picked it up. Exhibit 44 is the envelope; it has my name on it, which I write on at the time. I handed the letter to Mr. Cartwright when he spoke to me.
JOHN HUDOSN , Turf commission agent, 61, Fore Street, City. I received Exhibit 35 from John Elliott, 6, Cyrus Street, and opened an account with him. On April 22 I received telegram, Exhibit 36. That was a legitimate bet. On the same evening Mr. Cartwright handed me Exhibit 4, at my private address. It contained betting slip, Exhibit 5, signed J. Elliott. All the horses won, and he had received on the bets £13 15s.
(Monday, June 6.)
Mr. Macdonald stated that Merritt would withdraw his plea of Not Guilty, and plead Guilty.
then sent particulars. I could not swear that I did in this case. After the letter of March 10 I had three or four bets with Elliott in as many weeks; they were by letter. I think one won and the other two lost. If I said at the police court that Elliott made three losing bets with me that is true. People who have a credit account mostly bet every day. I make no inquiries as to my clients's respectability when I give credit accounts. I look at the letter and say, if a client asks for a 30s. account, "this man cannot afford to lose 30s.," so I limit it to a sovereign. I knew nothing about Elliott. I did not know he had been 12 1/2 years in the same employment. Exhibit 4 I was told had been dropped by the postman and it was taken to my office. When I receive a letter making bets I carefully look at the postmark.
Re-examined. I sent my letters and telegrams to Elliott at Cyrus Street, Clerkenwell.
WILLIAM WILLIAMS , overseer, Stoke Newington Post Office. Letters posted at the Stamford Hill Post Office addressed to the City come through my office for stamping. On May 4 I kept observation on all letters addressed to 10, Windus Road, Stoke Newington. At 12.15 midday I saw two such letters, one addressed to "Mr. Fish" and the other to "G. H. Fish," in black lead pencil. They were fastened at the merest point of the flap. I marked them in invisible ink. This Exhibit 7 is one of the envelopes. The invisible ink was developed at the police court. It is stamped "May 4, 12.30," addressed to "Bromley and Co., Avenue Chambers, Southampton Row, W. C.," making bets. I am able to identify his envelope by my marking. A letter posted at Stamford Hill Post Office at 11.50 a.m. would reach me for stamping at 12, and it would be stamped "12.30."
JOHN BERTRAM CHAPPELL , postman, W. C. district. On May 4 I was delivering letters in Southampton Row about 3.45. Two men walking towards me drew my attention to a letter lying on the ground behind me. This Exhibit 7 is the envelope of the letter. I cannot swear to the two men. I thanked the man who was nearest to me and picked the letter up. Acting on Cartwright's instructions I wrote my name on the envelope. I then delivered it to the address.
Cross-examined by Mr. Turrell. I would not swear both men pointed the letter out to me, but there were two men.
ALFRED DALE . I carry on business with others as Bromley and Co., turf commission agents, Avenue Chambers, Southampton Row. On April 26 I commenced betting with Frederick Albany, 247, Sayer Street, Was worth. On May 4 Exhibit 7 was delivered to me by a postman. Cartwright was with him. It contained betting slips. When I received it the races mentioned in it had been run and I knew the results. There were two winning bets and a losing bet. On that Albany won £10. After what I had heard from Cartwright I did not pay.
GEORGE POPE , bookmaker, 1, Little Montague Court, Little Britain. I know Elliott. I first saw him last December. He asked me to do bets with him. He gave references and I opened a credit account with him. He at first made his bets by letter, afterwards by telephone
and telegrams in December and January. He won £34. The method of betting was changed after that at my request. He continued betting with me by telephone and telegrams. He won £52 18s. 3d. more. About December 4 or 5 I received a letter signed T. Morley, mentioning two persons, one of them "Mr. Abbott," of 10, Windus Road. I made no inquiries about Mr. Abbott; I had a reason for not doing so. Morley made bets with me, winning £34. [Mr. Fulton objected that Morley was not proved to be connected with any of the defendants. [Exhibit 48 is another letter in the same handwriting and signed the same and from the same address, 134, Offord Road, Barnsley. [Mr. Muir stated that he would now prove that that was Merritt's address.]
Inspector NEWELL (interposed). When Merritt was arrested he gave 134, Offord Road, Barnsley, as his address. I did not go there.
Cross-examined by Mr. Fulton. I believe other people lived at that address.
Mr. Fulton objected that the letter was not evidence and Mr. Muir said he would put in the documents without at present reading them.
GEORGE POPE (recalled). This exhibit 47 is another letter I got from the same person in the same handwriting, also Exhibit 49 and 50, dated January 11 and January 13, 1909. I wrote to Morley and that ended the correspondence. About the end of December I got this letter signed W. H. Speechley (Exhibit 51). There is no date on it, but, roughly, January 2 is about it. Exhibits 52 and 53 are from the same person in the same writing. About January 8 I got this letter (Exhibit 54) from "Thomas Hastings, 2, Stilman Street, Clapton." This Exhibit 44 is an answer to a letter I sent to J. Elliott, 6, Sayer Street, Clerkenwell, which is signed J. Elliott, saying that "Mr. Hastings is a personal friend of mine and you can trust him with confidence."
Mr. Fulton objected to the letter, but Mr. Muir stated that Exhibit 10 is proved to be in Elliott's writing, addressed to Walsh, 2, Stilman Street, Clapton, and that is proved to have been found in Fish's pocket, therefore Elliott is corresponding with Fish at the very address he gives as Hastings's address and he is recommending Hastings as a personal friend. He also could prove that Hastings is Fish; that is to say, letters from Hastings are written in Fish's writing. The Common Serjeant said it had better be proved at once.
FREDERICK CHARLES CARTWRIGHT (recalled). I have seen Fish write. I saw Fish write this telegram at the Stoke Newington Post Office (Exhibit 43). Exhibit 54, signed "Thomas Hastings," is Fish's writing, also Exhibit 55 from 2, Stilman Street, without any date.
GEORGE POPE (recalled). Exhibits 55 and 56 are bets made by Hastings. They came by post; 55 came about January 18. There was no money on balance then. 56 came on January 11; on that there was £1 5s. 3d. due. The letter came at 3.30 p.m. The races had been run by that time and I was aware of the results by then. The letter was dropped in the letter box with three others, from Morley, Speechley, and Elliott, customers of mine. They all contained winning bets. I gave these customers printed envelopes with my name and
address on. None of the four letters arrived in the printed envelopes. After that I wrote to these four persons and had no more bets by letter from them. Of the accused I saw Merritt in March, I think, alone; he gave the name of Chapman and came about a customer named Squires, whose bets I had refused to recognise. They afterwards came to my house and caused a disturbance.
Cross-examined by Mr. Fulton. Elliott gave the name of several persons whom I knew well. He then had bets by letters and won £30. I afterwards stopped the letters and had telephone messages and telegrams sent. He won more money by telephone and telegram than by letter.
WILLIAM EDWARD STRATFRORD , clerk, Investigation Department, General Post Office. I compare handwritings and have done so for five or six years. The writing on this postcard (Exhibit 19) signed "Tommy," addressed to "H. Fish, Esq., 10, Windus Road, Stamford Hill," is the same as in this pocket-book (found at Merritt's house on his arrest). The writing is the same in Exhibits 46, 47, 48, 49, and 50. This letter signed by Elliott addressed to Guntrip is in Elliott's handwriting. On May 6 I saw the accused Lefley at the General Post Office. I told him I was an officer in the secretary's office, General Post Office, my name was Stratford, that I was instructed to see him respecting a certain betting matter, and cautioned him that he was not bound to say anything in reply to any of my questions and that anything he did say might afterwards be used as evidence against him. I showed him the letters, Exhibits 7 and 8. I said to him, "You were seen the afternoon of May 4 in the company of Fish and Abbott. Abbott threw this letter down in front of the postman—near the postman, and Fish and you were seen to point to it. The letter contains fraudulent bets. Do you wish to say anything?" Lefley replied,. "I know I was with Fish and Abbott in Southampton Row, but I did not know their business there. I went with Fish merely because he asked me to go for a ride. I did not see Abbott throw down a letter on the pavement and I did not see Fish point to it. I remember Abbott went in front of myself and Fish, but I do not know why he did it. I remember Fish bought a paper which contained the name of the winner Elizabetta and I looked at the paper. A few minutes after Abbott left us I saw a postman coming out of a building towards us. I had not seen the postman before. Fish said, 'Come on,' and we walked past the postman. I did not see a letter on the ground and I did not see Fish point at anything. I did not shout or point at anything myself. After we walked past the postman we found Abbott waiting for us at the corner of High Holborn. I thought it strange that Abbott should leave us as he did, but I did not ask either Fish or him the reason." I then said to Lefley, "Did you post letters at Stamford Hill the same morning?" Lefley replied, "Yes, but I do not remember the addresses. I think there were seven letters and I believe they were all addressed in blue marking pencil. I posted them between 11 and 12." I said to Lefley, "Where did you get the letters from?" He replied, "Fish asked me to post them because
he was not dressed." That is all I said to him. I gave him into custody the same day. The same day I saw Elliott at the General Post Office and cautioned him in the same way. Lefley was not present. I said to him, "Have you an account with Mr. Hudson, bootmaker, of 61, Fore Street?" I also showed him the letter (Exhibit 35) at the same time. He replied, "Yes, that letter was written by me to him." I then showed him the betting slip and letter of April 22. I said to him, "This envelope was in the first place addressed in pencil to 1a, Foster Lane, London, and the present address was written later. The bets made in this letter are fraudulent. Do you wish to say anything about them?" Elliott replied, "The writing on the envelope and the betting slip is that of my brother-in-law, George Poyser, 28, Northampton Street, Leicester. He posted the letter at Leicester at about 9.30 a.m. on April 22. I did not see him post it, but he was with me at the time and left the public-house in order to post it. The address on the letter was then as it is now. The betting slip was written before the letter was posted and I told him the names of the horses to put down. The bets are quite genuine. The letter was not addressed in pencil at all; the address was written in ink with a fountain pen. I know Abbot and Merritt, but no one of the name of Fish." I then showed him the delivery copy of the telegram handed in at Waterloo Station. I said, "Did you send this telegram to Mr. Hudson?" He replied, "No, my brother Fred sent it at my request. I don't know his address. He works at Spitalfields Market." I then showed him another telegram of April 26, signed "John Hudson," to Elliott, 6, Sayer Street, Clerkenwell, "Wire not on; will write." I said to him, "Was this telegram received by you?" and he replied, "Yes, I sent it by post to Merritt, 134, Offord Road, Barnsbury." Exhibit 43 is the telegram which Cartwright said he saw Fish write. I say the writing of Exhibits 43, 44, and 45 are of the same person. When I showed those to Elliott he said those were in the handwriting of his brother-in-law, George Poyser, of 28, Northampton Street, Leicester. If my evidence and Cartwright's evidence is right, they are written by Fish. Exhibit 1, I say, is Merritt's writing and the same as the documents signed "Morley," also the pocket, book. Exhibits 15 and 17, signed "Your sincere pal, Taps," and Exhibit 16 are in the same writing as Exhibits 2 and 3. (Mr. Muir stated that it would be proved that those are in Abbott's writing or came from his house). "Taps" is Albany.
Cross-examined by Mr. Turrell. When I first saw Lefley he was not in custody and he could have gone where he chose. His presence at the General Post Office was voluntary with no pressure on my part. I wanted an explanation and he gave me one in a perfectly straight-forward manner. It was some time after that that he was charged. He remained at the Post Office until a decision was arrived at and then taken to the police-station.
Cross-examined by Mr. Fulton. I knew of Cartwright's investigations and that three men were in custody and on remand. I knew then about the Leicester bet and that it purported to have been sent by
Elliott. I sent a constable attached to the Post Office to fetch Elliott, on instructions, to offer an explanation and he might have appeared as a witness on behalf of the Post Office. I did not then intend to charge him. I said to him, "I am not a person in authority empowered to hold out any threat or promise," because that is the usual routine. I had some slight reason to think he was a guilty man. I did not desire to get a statement from him. I sent for him because he was the ostensible sender of the letters, to give him an opportunity of explaining the circumstances. These men might have betted fraudulently without his knowledge. I said to him, "Anything you do say will be taken down and may be used in evidence against you." I said the words "against you" at the police-court. I do not know why they are not on the deposition. I think it likely I said there were criminal proceedings pending, but I do not remember. I led him to suppose it was simply an inquiry with regard to the bets and said, "Do you wish to say anything?" He then made the statement.
JOHN GUNTRIP , partner in T. Guntrip and Sons, Turf commission agents, The Park, Bromley Road, Catford. I received this letter of March 12, 1910, from Elliott and wrote to him. He gave me a reference to whom I wrote, F. Merritt, 134, Oxford Road, Barnsbury, and I received the letter of April 6. I did not open an account.
ELEANOR PALMER , 247, Sayer Street, Walworth. Albany was living in my house on May 5 last. He is the accused Abbott. On May 25 I received this telegram from "Hilda," a friend of mine, Mrs. Fish, of 10, Windus Road: "Come and bring Tab at once, trouble.—Hilda." Tab is Albany. I have not seen paper like this in my house. (Exhibit 30. Paper headed "Britannia Theatre, Hoxton.")
Detective WALTER HURST, General Post Office. On May 6 about 10.30 a.m., I was going to Elliott's house, Sayer Road, but saw him at the corner of the street. He was pointed out to me. I said to him, "I believe your name is Elliott and you live at 6, Sayer Street." He said, "Yes." I said, "My name is Hurst; I am a detective attached to the General Post Office and I am requested to ask you if you will be good enough to accompany me to the Post Office. A gentleman there wishes to see you." He said, "What does he want to see me about?" I said, "In respect of your betting transactions with Mr. Hudson, a Turf commission agent in Fore Street." On the way to the Post Office he said, "I have had some trouble with Mr. Hudson over a letter I posted at Leicester on April 22 last. I backed two winners, Freeborn and Lester Ash. Mr. Hudson wrote me to say that he could not understand how it was that I could post a letter in Leicester bearing the 10.30 post mark and be at Waterloo and hand in a telegram at five minutes to twelve the same day. I did not hand in the telegram, my brother send it. I can prove that I was in Leicester on that day. I went there to see my sister, who is ill, who lives at 28, Northampton Street." He further said he did not write the address on the cover, his brother-in-law did it in the "Eagle" public-house, and he also wrote out the slip. I asked him to give me the name of his sister. He said, "Yes, Mrs. Toper, I believe."
GEORGE TOONE , 143, Hundreth Street, Leicester, engineer. I do betting sometimes on racecourses. Mrs. Stevens, of 28, Northampton Street, Leicester, is my sister. I use her address for receiving letters. I know Merritt by that name. I have corresponded with him. I could not swear to his writing. He wrote to me at 28, Northampton Street. Looking at this pocket-book I see "G. P., 28, Northampton Street, Leicester"; that would refer to me as George Poyser. I use that name for racing purposes. I also see here "George, 143, Upper Conduit Street, Leicester," that is my other address. I do not recognise the handwriting.
Cross-examined by Mr. Fulton. It is common for betting people not to use their own names. On April 22 I was at Ludlow Races. Merritt was not then with me. I was with him at Chester early in May.
Detective-inspector WILLIAM NEWALL, City Police, recalled. On May 5 I saw Fish at his house, 10, Windus Road, Stoke Newington, at 5 p.m. Sergeant Smith was with me. I said to him, "We are police officers, and I have a warrant for your arrest." He said, "What for?" I said, "Defrauding bookmakers; I will read it to you." I did so. I charged him with conspiring to cheat and defraud one Copley and others. He said, "I don't know Mr. Copley." I said, "There will probably be another charge preferred against you of defrauding Mr. Hudson, of 61, Fore Street." He said, "I don't know Mr. Hudson." He was taken to Old Jewry. Abbott and Merritt, who had been previously arrested, were brought in, and I read the warrant to the three of them. They made no reply. They were taken to Moor Lane Police Station and charged. They made no reply there. I searched Fish at his house. He was wearing an apron at the time, and was fumbling with something in his hand under the apron. I asked him what it was, and took this telegram and envelope from him (Exhibit 40); it is from Elliott. In Fish's overcoat pocket, which was hanging in the parlour, I found two letters, one from Tommy to Harry, and the other from Guntrip to Merritt, and telegram, Hudson to Elliott (Exhibits 11, 12, I found a number of documents in a paper-rack in Fish's house (Exhibits 15 to 19.) I saw Abbott the same day at Old Jewry. I went to his lodgings, 247, Sayer Street, and saw Mrs. Palmer there. I found these 16 sheets of paper (Exhibit 30), also Exhibits 27, 28, and 29. On May 6 Lefley was given into custody. I told him we were police officers, and he was charged "with being concerned with Harry Fish, Frederick Abbott and Thomas Merritt in conspiring together to obtain money from betting agents by virtue of forged instruments, namely, letters purporting to be, postal packets in course of transmission by post." He said nothing. I found this letter on Elliott from Mr. Copley, May 5. On May 7, at Moor Lane Police Station, Elliott said to me, "I wish to make a statement and tell the truth." I cautioned him. It was taken down and signed by him.
Cross-examined by Mr. Turrell. When Lefley was arrested he said he had made a statement to Mr. Stratford, but I did not know what it was.
Cross-examined by Mr. Fulton. I have made inquiries about Elliott. He was once fined for assault, otherwise his character is good. He has been for ten years in the same employment. He is a meat carrier in the Meat Market. In his statement he said, "Fish, Merritt and Lefley during the last six months had been to my address on various occasions." I am clear he said "six months."
(Tuesday, June 7.)
Detective-constable FRED POTTS, City Police. On May 5 I saw Abbott leave his house, 247, Sayer Street, and I arrested him on this charge. I found on him Exhibits 26a, b, c, d, and e. "26E" is a piece of eraser which was wrapped in a piece of paper. At 11.45 a.m. on the same day I saw Merritt in York Road, King's Cross, and I arrested him. I found this card on him, "W. Lefley, Grosvenor House, Laura Place, Clapton, N.E." Exhibit 23), and this stylo pen (Exhibit 24). He gave me his address as 124, Offord Road, and there I found this pocket-book (Exhibit 25), on page 27 of which is, "1a, Foster Lane, Cheapside, E.C.," written in pencil, and on the same page "J. E., 6, Cyprus Street, Clerkenwell"—Elliott's address. On page 28 is "G. P., 28, Northampton Street, Leicester"; page 32, "J. Hudson, 61, Fore Street, E.C., Tel. No.: London Wall 4,788"; page 36, "Jno. Hudson, 61, Fore Street, E.C." and some other addresses in Fore Street, including a toilet saloon at No. 55 and No. 60; and at page 41 "George, 143, Upper Conduit Street, Leicester," and "Hudson, £16 10s. and £16 12s. 6d."
Cross-examined by Mr. Turrell. The card found was an ordinary business card.
WILLIAM LEFLEY . (Prisoner, on oath.) On March 18, 1903, I left the Royal Engineers with a good character. I have been through the South African War and am a native of Sudbury, in Suffolk, where, after leaving the Army, I went to work for my brother until four years ago. I then came to London and worked for a Mr. Turner, a butcher, of 171, Whitecross Street, E. C, in whose employ I have been ever since. Afterwards I did betting in the streets for him until 18 months ago, when he dropped his bookmaking business, when I did betting for another man, at the same time working for Turner's butcher business. About five months ago I met Fish's wife, whom I had known as a child in Sudbury, in the street and through her I met Fish. Since then I have been on friendly terms with them. I met Abbott at Fish's place. They knew I was engaged in street betting; I used to bet near Fish's house. I knew Merritt as a customer of Turner's; I gave him the card that was found on him when having a drink with him; he wanted to know my address. I met Elliott twice at an hotel in Compton Street; I did not know his name then. I did not know any of these men were defrauding bookmakers. On the morning of May 4 Fish asked me at his shop to post some letters for him, and I did. I think they were addressed in pencil. Later that day I was in Fish's and Abbott's company in Southampton Row. I did not see a letter dropped in front of a postman nor his attention being called to it. Mrs. Fish asked me
subsequently to go down with her to the Guildhall as her husband was in trouble, and I went with her. Whilst there someone from the Post Office asked me to go to the Post Office and I went and saw Stratford, to whom I made a correct statement. I was then taken into custody and charged.
Cross-examined. I began betting in Stoke Newington, near where Fish lived, about three or four months ago, and I had been doing that about a month when I met him. I do not know 2, Stilman Street, nor the name of Walsh. I never heard that Fish was betting in that name at that address. I met Abbott about nine or ten weeks ago. I did not know then what he was; I had no idea he was a betting man. Fish and Abbott never discussed their betting transactions with me; nor did Merritt. I have never seen Merritt anywhere but at White-cross Street. I went to live at 10, Howard Road, South Tottenham, about three months ago, and I am still there. I left Laura Place seven or eight months ago, and it might be seven or eight or nine months ago when I first met Merritt and gave him the card that was found in his possession. I have only had dealings with him in the way of his buying meat at Turner's. I swear be has never called on me at 10, Howard Road. My wife would know who visited me. She never told me he had called about five or six weeks ago. I and Fish met him at the City Road Tube; I do not know whether Fish knew him or not. I asked him to have a drink, and Fish accompanied us. Fish had been about an hour with me before we met Merritt. This was about 2 p.m. I cannot say whether racing was going on. No one bought a paper to see the winners; there were none out. We were together not more than ten minutes, and then we left him. I left Fish at Stoke Newington, and went home. I have made three or four excursions with Fish into the City. I should say there are a good many book-makers carrying on business there. I might have called at his house at 9.30 a.m. on April 1, and we might have taken the car to the City and returned to his house at 1.15 p.m. I went once on a car with him to the corner of Old Street and City Road; I do not know about it being on this day. I expect that was on the day we met Merritt. We met Merritt at about 2 p.m., and went into the "Star" public-house, where we stayed about 10 minutes; we did not stay 25 minutes. Fish has been with me to the Liverpool Street Goods Department, but I do not know that it was on this occasion; I cannot keep all these dates in my head. We did not go into the goods department and watch Hamilton House; I do not know that place. I might have gone with him to the Monument by bus, and then on to Billingsgate Market. I do not know whether there was any racing that day; if it was hurdles I do not stand out taking betting slips. On April 1 I see Alexandra Park flat racing started, but there were two of us at the pitch, and I might have had the afternoon off on that day. I always worked for Turner on Saturdays and Sundays. I was excused work on the Saturday following this day, and went with Fish to Alexandra Park. I can't swear that I was not with him at 2 p.m. on April 8 in
Moorgate Street. I am commonly called "Bill." The only explanation I can give as to the passage in Abbott's letter to Fish, "Tell Bill Lefley to be careful to mind they don't try and catch him—somebody might want to write to him," is that he was to tell me to be careful they did not catch me taking betting slips. I see it follows the statement, "I am sending two letters to Foster Lane. The right ones will be inside so you will know." Somebody might want to write to me in order to catch me. Perhaps Abbott did not know that I would not take bets by letters; he might have written that innocently enough. The reason why Fish asked me to post the letters for him on May 4 was that neither he nor his wife were dressed. I did not notice the addresses, but I think the whole six or seven of them were in pencil. Abbott, Fish, and I left Fish's house about 2 p.m. and went to Bloomsbury by tram. Fish bought a paper and he and Abbott went into the "Albion," leaving me outside. When they came out he went into a public-house in High Holborn and at about 3.40 p.m. Fish went out and bought a paper. He did not show it to me when he returned. I heard him say that Elizabetta had won the Chester Cup, but I did not look at the paper. About 10 minutes later we came out and, as far as I can recollect, Abbott walked in front to Southampton Row. Fish was within a very short distance of me and I caught him up. I did not see Fish signal to Abbott. Abbott stopped and we caught him up. They talked together, but I did not know what they were saying. Abbott then walked across the road and we followed him. Later a postman passed close to us; Fish was a little in advance of me then. I swear I never saw Fish call the postman's attention to a a letter. I recollect a week before this—it may be April 28—leaving Fish's house with Abbott, going to the City and returning about 2 p.m., but I do not recollect bringing back a third man. I think 20 minutes after our return we left Fish's house and went into the "Weaver's Arms," where he joined us. Abbott and I went then to the City. I cannot remember buying a paper. We might have gone into two or three public-houses that afternoon. Abbott did not leave me at the "Fountain" public-house and return with some letters; he went out to ease himself. He mentioned nothing about letters. We went to the corner of Gresham Street and King Street (those may have been the names of the streets) afterwards and he left me then and said he would be back in a few minutes. He went down an under-ground lavatory. After that I think we went to Stamford Hill. I repeat I knew Fish first three or four months ago. This letter in ray writing, saying, "I never went to the Derby. I told my 'missus' and somebody else I went with you," must have been written in June, As far as I remember, it was written to my brother Harry and not to Fish. Harry is friendly with him and may have given him the letter; I cannot say why. This letter does not mention Fish. I never wrote to Fish in my life. (The letter was read.) I cannot say for certain who it was written to. I owed my brother's wife money last June. I have owed Mrs. Fish some money, and I cannot say for certain whether the letter refers to that. She is a money-lender. I cannot recollect the letter at all.
Re-examined. I do not recollect how long I had been in London when I met Mrs. Fish, but it was a very short time after that that I met Fish. The only time I have ever been in trouble before was when I was had up for having, a fight with another butcher. I had had nothing to do with betting before I met Turner; I was straight from the country. I have never backed horses myself.
Detective-inspector WILLIAM NEWALL. (Recalled, further examined.) I found this letter from Lefley to Fish in the paper rack at Fish's house on May 5.
JOHN ELLIOTT . (Prisoner, on oath.) I live at 6, Sayer Street, and have been employed as meat carrier for 12 years by Cornell. I first spoke to Fish, when I was going down to a race meeting a year ago; I knew him as "Joseph Walsh, of 2, Stilman Street, Clapton." After that he called at my place occasionally for tips. I first knew Abbott about 18 months ago, and then I did not see him again till the second week in February, when he was brought down to my place by Fish. Fish introduced me to Merritt as a personal friend of his about three or four months ago. Fish asked me to give him a reference and told me he went by the name of "Hastings," and he did not wish his wife to know that he was betting. Since I nave been betting on the telephone to Pope there might be a bit in my favour and there might not; I have not kept an account of it. About the end of March Fish told me that the bookmaker he had been betting with, Hudson, had turned it in, because the business was getting very hot. I said he could use my name; I understood the account with Hudson was in his own name. I gave him permission to bet in my name, because he said that the bookmakers where he used to live had turned the business in. I suppose he wanted my name because he could not get on with Hudson. He always let me know the same day what business had been done, which was one of the conditions. On April 22 I telegraphed a bet to Hudson from Waterloo Station, and when I got home that evening I got the usual letter from Fish stating what business had been done. I did not know that he was going to bet in my name on that day, so seeing that he had backed the winners I wrote to Hudson saying that the bet from Waterloo was sent by my father on my behalf. I thought Fish's bet in my name was a honourable one. I backed a loser myself I did not hear anything more about that. On the 26th inst. I received a wire from Hudson saying, "Bet not on." I had not wired any bet, so I enclosed it in a letter and sent it to Merritt, because I had forgotten Fish's address. The first time I saw this letter signed "J. Elliott" to Hudson and dated April 28 (Exhibit 39) threatening proceedings was at the police-court. On May 6 an officer of the Post Office came up to me in the street and asked me to go to the Post Office on account of a letter to Hudson from Leicester. Not knowing that that letter was a fraudulent one, and not having been told anything about proceedings having been taken, I told an untruth and said that I was in Leicester that day and had asked my brother-in-law to send the bet. I thought there was a dispute on behalf of the book-maker as to a letter coining from Leicester from me, and a telegram coming on the same morning from Waterloo also from me. Stratford
then told me the true facts and I was taken in charge and the following morning I made this statement (Exhibit 9) to the inspector, which is a correct one, except that I do not remember saying that Fish, Abbott, and Lefley had been to my address on various occasions during the last six months. He must have misunderstood me; I have only seen Lefley twice within about three months.
Cross-examined. I have known Fish about a year and nine months. Fish told me at the end of February that Abbott had come out of prison in January, after doing 14 months, but he did not say what for. He never told me that he had been convicted himself. I never asked Fish what Abbott had been convicted for. Fish introduced me to Merritt about a month ago, saying he had been a commission agent; he did not tell me what Merritt was then doing. Merritt has called on me occasionally of a morning; he has never shown me the three-card trick. I knew nothing whatever about him. He gave me a reference to Guntrip, a bookmaker, a few days after I met him first. I suppose he would know me as a straightforward man. There are hundreds of people who knew me as such, but I did not think it would be required to give one of their names. I thought I was doing what was right in giving him as reference. I have seen Nunc Wallace at race meetings for 15 years, but I have never spoken to him. I never knew that he was Mrs. Fish's brother, or used the name of "Speechley"; I do not know that name. I know "Hastings," who was Fish. I believe I sent a reference to Pope for him, but this is not my writing. (Exhibit 44). Hastings may have written it himself, but I was under the impression that I wrote the letter myself. Merritt was not my reference for Pope. Pope sent me printed addressed envelopes to send my letters in, and every letter I sent to him was in one of these envelopes. I did not send that letter of January 11 to him, the envelope of which he says was not a printed one. I got a letter from him, saying that I was only to bet by wire or phone, and it contained the winnings of the bet contained in the January 11 letter. I must have sent that letter. To the best of my belief every letter I sent to him was in a printed envelope I asked him verbally why he would only take bets by phone. He did not say that he thought they were fraudulent, but that he could not make it out why they should all come by the same post. He mentioned Hastings' name, but he did not say much about Merritt or Speechley, I showed him the telegram I had received to prove my bet was genuine. He said one of the letters that arrived late was from Hastings. He did not mention anyone called Morley. I never knew Walsh as Fish until Stratford told me that name. I saw Copley's name in the "Sporting Life," and Abbott had said he had an account with the same man, and I wrote to him asking to open an account. (Exhibit 33.) I was afraid my comissions were a little too much for Pope, but I have gone on betting with him as well; I was not dissatisfied with him. I gave Copley—that is Johnston—Abbott as a reference, although I knew he had been in prison—but I did not know what for. With reference to Exhibit 19, I did not write to Merritt about not having seen Fish; I might not have seen him for
some time before March 31, but I cannot say. I do not think I betted with anybody by letter between January 11 (when I ceased betting in that way with Pope) and John Hudson, with whom I betted only by letter and telegram; I have been very much deceived with bets on the phone. I did not make this bet of April 22 (Exhibit 4); the first intimation I received of it was a postcard from Walsh (Fish) that same evening saying that it had been made. I did not keep the postcard. I cannot remember receiving a letter from Hudson complaining of it. The bet should have been settled by the 25th or 26th. Fish is the only man I gave permission to to use my name. The winnings would come to me, and then I would send them on to him. He came on the 25th and asked me if any money had come for the Leicester bet. I might have gone into a public-house at the corner of Compton Street with Fish, Abbott, and Merritt at 11.55 a.m. on that day and stopped there for about 20 minutes. Whenever they met me they always came to my residence. I do not keep an account of what people call on different dates. The reason I wrote to Hudson from Walworth, where Abbott lives, and not from Clerkenwell, where I live, is that after finding at about 6.10 p.m. the postcard from Fish (Walsh) saying that he had made the bet, I caught the 6.50 train, went to a club in Walworth, to which I belong, and from a cookshop where there is a post-office I sent the 4s. 6d. in postal orders and the letter, saying that the bet was made on behalf of my father. It was not as late as 7 p.m. when I found the postcard; if I told Inspector Newall that it is not correct. I see the envelope says the time of posting was 6.45 p.m. Fish had told me that he posted a letter on April 22 from Leicester when I told Hurst that I had done so. Fish told me on the Monday morning that he had stopped at Leicester that night at George Poyser's, 28, Northampton Street, Leicester; this was when he came and asked me if the winnings had come. I swear he never told me anything more than that. I told Hurst the horses that I backed. Of course Fish had told me their names. I have no recollection of saying to Hurst that Hudson had written to me to say he could not understand how I could be in Leicester and post a letter bearing a Leicester 10.30 postmark and be at Waterloo and hand in a telegram there on the same day; nor do I remember receiving a letter from him to thateffect. I might have said that I supposed Hudson thought that, but I did not receive any letter. I knew that the letter bore the 10.30 post-mark; Fish had told me that on the morning he saw me. Not having received the money I asked him if the postmark was before 11 o'clock, for if it were not it would be too late, and he said he had posted it at telegram from Waterloo, but my brother, and that I had gone to see It was quite untrue when I said to Hurst that I did not send the my sister at 28, Northampton Street, Leicester, who was ill. I admit I said I did not write the cover myself, but my brother-in-law did. I did not, however, mention that it was written in any particular public-house. I have never heard of the "Eagle" public-house in Leicester, nor did Fish ever mention that name to me. Hurst asked me the name of my sister and I was a bit "stumped." I invented
"Toper," as far as I can recollect, the day before I made the written statement; I told the same story to Stratford as I had told to Hurst, After I had made the statement, and not till then, was the letter and envelope (Exhibits 4 and 5) produced to me, and the whole thing explained to me. If Stratford had informed me that prisoners were in charge I should have made the same statement to him as I made to Inspector Newall on the following morning. When I was taken to the post office all Stratford said was that he wished to know what I had to say about this letter that came from Leicester; I do not think he said anything about a postmark. I never knew who Fish was until I was told after I had made the statement to Stratford. All the statements that I made to Stratford about the address on the envelope being written by a fountain pen, and that the writing on the betting slip was my brother-in-law's, who was with me in a public-house, were untrue. I knew Fish had sent it, and it is my fault I did not tell them so. Stratford showed me the telegram I had sent from Waterloo Station, and it is true that I said my brother Fred sent it at my request, and that I did not know his address. That is all untrue. I did not send this telegram on April 26 to Hudson (Exhibit 42). I had given the names of the two horses in the Telegram to Fish that morning, and later he told me he had sent the wire through to Hudson, backing them in my name. Then subsequently I got the wire from Hudson saying the wire was not on (Exhibit 13). I gave only Fish permission to use my name.
Cross-examined. As far as we were concerned he was a truthful man; we have nothing against him in any shape or form. I have not heard what he has said to-day. He earns from 30s. to 35s. a week and some weeks it might be £2 or £2 5s. We thought he did a little betting, but we did not know to what extent. We did not know he kept a banking account.
Fish confessed to having been convicted with Abbott of felony at the North London Sessions on August 18, 1907, in the name of George Fish, when he was sentenced to three months in the second division. It was stated that he kept a small boot repairing shop, but had been mixed up with betting men and thieves for a considerable time.
Abbott confessed to having been convicted with Fish of felony at the North London Sessions on August 28, 1907. A conviction on February 9, 1907, for attempting to obtain £30 by false pretences (14 months' hard labour) was proved against him. His counsel stated that he had references from some of his employers; but that since his return from Ireland, where he had been employed, he had fallen in again with his old associates.
Merritt, it was stated, bore an excellent character from his employers since 1898 for work, but owing to his attending race meetings he had had to be discharged. A conviction was proved against him in June, 1906, for gambling on the racecourse by means of the three-card
trick. A conviction for assault was proved against Lefley. He bore a fair character. It was stated that 300 postage stamps were found on Elliott's premises perforated with the name of "Line"; and that it would appear that since July, 1909, he had been engaged in these betting frauds.
Sentences: Fish, 10 months; Abbott, 18 months; Merritt, Six months; Lefley, Six months; Elliott, 12 months; all with hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, June 3.)
JOHNSON, William, GILES, Edward, POWELL, Alfred, and POWELL, Francis Edgar, all combining and agreeing together to obtain by false pretences from such of His Majesty's liege subjects as should be induced to buy goods from the Wellington Wholesale Supply Company, Limited, divers valuable securities and sums of money; all obtaining by false pretences from Emma Cook postal orders for 7s. and 8s., on January 28, 1910, and February 5, 1910, respectively; from Harry George Frederick Simmonds a postal order for 16s., on February 12, 1910; from Alexander William Leonard a cheque for 8s. 10d., on January 27, 1910; from Louisa Worth a postal order for 6s. 9d., on March 4, 1910; from Margaret Fry a postal order for 5s. 7d., on January 28, 1910; from Thomas Michael Dwyer a postal order for 5s. 4d., on February 13, 1910; from Florence Clark a postal order for 5e. 1d., on March 10, 1910, in each case with intent to defraud.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. George Elliott, K. C., and Mr. W. H Thorn defended Johnson; Mr. Travers Humphreys defended Giles; Mr. C. F. Gill, K.C., and Mr. Elkin defended Alfred Powell; Mr. Muir defended Francis Powell.
Francis Edgar Powell pleaded Not guilty; Johnson, Giles, and Alfred Powell pleaded Guilty to conspiracy only.
Counsel for the prosecution stated that the Wellington Supply Company, Limited, was registered in December last and shortly afterwards advertisements were issued in a number of newspapers offering £760 in cash as prizes, The advertisement went on to say that every day 40 readers of the paper would receive £1. The conditions were that they had to send for the company's special bargain list and if they were among the first 40 who bought goods to the value of 4s. 9d. they would receive 20s. A belief in the offer was fostered and encouraged by the statement in the advertisement that there were consolation prizes of handsome fountain pens or gold finished brooches set with lovely gems. People who sent 4s. 9d. or upwards received goods on two days' approval, which the prosecution said were not worth the value placed on them in the special bargain list, and after receiving a letter informing them they were amongst the first 40, instead of receiving £1, as they were led to expect by the advertisement, they received sixpence, or one-fortieth of £1.
No evidence was offered against Francis Edgar Powell and he was discharged.
Sentences: Johnson, Six months' imprisonment, second division; Giles and Alfred Powell, Four months' imprisonment, second division.
Mr. Holford Knight prosecuted; Mr. St. John Macdonald defended.
MORRIS PLATZ . On May 28 about 8.45 p.m. I went to Princess Hall, Christian Street, E., to a cinematograph entertainment. As I took my ticket at the office prisoner and two other men were there. I did not know prisoner before. As the hall was crowded we took our stand at the back near the door. Prisoner stood next to me on my right-hand side. He had two companions on the left-hand side. A silver watch and double chain I had in my right-hand pocket. I had a box in the left-hand side in which there was £1 10s. As I stood there they hustled me one to another. As they did so I felt the chain hanging down and saw the watch was lost. I got hold of prisoner by the hand. I saw the watch in prisoner's hand. I said, "Give me my watch," and offered him a shilling. He took out a brass watch and said, "Is that your watch?" I said, "It is not." I did not see what became of my watch. I tried to drag him outside to hand him over to a policeman. The other two tried to get him out of it. I held him and struggled with them and we all got outside. I called for the police—the chain and silver box were still in my waistcoat pocket—and then received a good bang on the head and I fell unconscious. When I came to, the chain and box were gone as well as the men.
Cross-examined. At the time I lost the watch I was standing. There were about 10 people in front of me and 10 at the back. Prisoner was on my right-hand side. My hands were down to my sides.
HENRY MARCULIS , 45, Humberston Street, E. I was at the box-office at the Princess Hall about 9.15 on May 28. I saw prisoner there with two others. First prisoner came up to me and the two stood around and they tried to lift my watch out of this pocket. I told him to let go because I said, "That belongs to me," and he went away. He then passed over to prosecutor and took the watch out of his righthand pocket. Prosecutor caught hold of his hand. The watch was off the swivel, and prisoner passed it over to a chap I should know if I saw him; he was one of prisoner's two companions. As prosecutor took prisoner outside the hall there were those two others outside who hustled him again, and prisoner took the chain and box out and handed it over. When prosecutor started screaming prisoner hit him in the face and sent him on his back in the road. I went to get hold of prisoner, who struck me in the side and ran away. I gave chase. After running about 200 yards I caught prisoner by the arm and said, "You have to come with me." He said, "Where?" I said, "Wait and you will see." I took him a few yards and gave him into the custody of P. C. 78 H.
Cross-examined. I have been convicted but never been to prison. Prosecutor was robbed after I was attempted to be robbed. I had never seen prisoner before. I do not know a man named Balmarsi. I have not been to his shop to be shaved. (Balmarsi called into court.) I know this man. I did not know his name. All I know is that he and other people came to my place on Wednesday night and offered to threaten me. I told them I did not want to have any business with them. I am going to a sanatorium; I am in consumption. This man said I won't live to go to a sanatorium if I go against prisoner. The night before last this man, two others, and a girl called me over. The girl said, "If you go against my old man I will go against you and say you have been living on my immoral earnings." I swear I do not know prisoner. I did not tell Balmarsi that prisoner had taken my sweetheart away and I would get him five years. I have no sweetheart. My sweetheart is my pocket. There were 30 to 40 people waiting to go past the pay box. Prisoner was standing next to me. After I told him off he went away. Prosecutor was standing on my right. Prisoner walked round to prosecutor. Prisoner was on the right hand side of prosecutor. I saw him take the watch out. I was afraid to say anything for fear of these other two big bullies.
HARRY SHAPIRO , presser, 91, Hessell Street Buildings. I was in Christian Street on May 28. I saw prisoner running. I tried to catch him and he attempted to hit me. I then ran after him until I caught him. I got hold of his lapel; then Margulis approached and got hold of him. Then a policeman approached us and took him.
Police-constable ALFRED GRITT, 78 H. About 9 p.m., on May 28, I was in Commercial Road at the corner of Christian Street. I heard a police whistle blow. I ran and outside Princess Hall I saw prosecutor on the ground. He said a man had stolen his watch and chain. I ran in the direction he said the man had gone, and after running about 200 yards I saw prisoner detained by Margulis. I brought him back, when prosecutor said, "That is the man who stole my watch and chain." Prisoner made no statement then. At the station he said, "I never ran away; I walked away."
JOE TAYLOR (prisoner, on oath). I went to this cinematograph show alone. I do not know prosecutor. I was not standing by him. There were four men and three women between us. There was a pretty big crowd there. Prosecutor and myself were right inside the hall. I did not see Margulis until he was right down the street. When prosecutor said to me, "You stole my watch," I said I had not, and told him to fetch a policeman to search me, First I went to people and said, "This man has accused me of stealing his watch; would you like to search me?" They said, "No." I told prosecutor to come outside to the policeman to search me. When he got outside he shouted out in Yiddish, "He pinched my watch." There were 50 or 60 round me. I thought if I waited longer I should get a good hiding, and the best
thing was to get away. I ran down the street, and the constable met me on the corner. Margulis never got hold of me or anything. If I had done a thing like that I would not let a little fellow like Margulis get hold of me. Margulis had a grudge against me because I cut him out with a girl. I know Balmarsi. He has a barber's shop. I have seen Margulis there once or twice. Margulis is mistaken in saying I attempted to steal his watch. After the row I went away from the hall. He only met me at the bottom of the street. A man cannot get into the hall without a ticket. Margulis said in the police-court he did not get a ticket. I did buy a ticket. He was never next to me. I did not see him. Prosecutor accused ten or twelve people. He grabbed me. I said, "What have you got hold of me for? I did not take your watch." I swear I did not take the watch.
Cross-examined. Margulis's evidence is a concoction. He has a a spite against me. I am a Jew. I changed my religion a long time ago. I am a Christian now. I was born in London. I came to England last July from the Transvaal. I had cabs out there. I left there through a crime. I asked to be deported. Taylor is my right name.
PINEZ BALMARSI , 144, Commercial Road, E. I know prisoner as a customer. He lived for three weeks in the same place as where I had my shop. I have got to know Margulis since prisoner was locked up. He came to me the evening prisoner was arrested and said he must go against prisoner because prisoner wanted to take a girl away from him, and he must get him five years. I have never threatened Margulis. I have had no business with him that I should have to threaten him. Margulis said at the prosecutor's place that they were going to collect £3, and give £2 to the prosecutor and £1 to the witness and nothing should be said against prisoner.
Cross-examined. I am a Jew from Russia. I have been here about 13 months. I told Margulis it was not right for him to get a chap five years over a girl. Five others heard him say that. I was not angry with him. I want to chuck nobody out of my shop.
HENRY OSBORNE , hawker, 144, Commercial Road, E. Prisoner worked for me about six months. I know Margulis through coming to last witness's shop. I saw him last Saturday night. He thought I was another man's brother. I told him I was not. He said prisoner hit prosecutor. I did not hear anything about the girl.
Verdict, Guilty. Sentence, Three months' imprisonment, second division.
BEFORE THE RECORDER.
(Saturday, June 4.)
KURZ, Charles (48, upholsterer) , obtaining by false pretences from Charles Schonenberg 14s., his moneys, with intent to defraud; having been entrusted by William Stanford with the several sums of 19s. and 18s. respectively, and by Emily Elizabeth Cox with the sum of 14s. 6d. in order that he might apply the same to a specific purpose, to wit, the payment of certain county court fees, did fraudulently convert the same to his own use and benefit.
Mr. H. D. Cornish prosecuted.
CHARLES SCHONENBERG , 181, Wandsworth Road, baker. On January 18, 1910, prisoner called on me, reported that he was a debt collector, commission and inquiry agent, and asked if I had any debts to collect. I said, "Yes," gave him a list which he wrote down (produced), agreed to pay 10 per cent, commission on the amounts collected, and gave him 2s. on acount of commission. The next day he called and said, "I have seen all these debtors; I find their addresses and amounts correct; they have admitted the debt, but I do not think I shall get the money without taking summonses out." I paid him 11s. for the summonses and 2s. for expenses, for which he gave receipt (produced). On February 5 he said he had taken the summonses out; the hearing would be on the following Thursday, and he wanted 14s. for hearing fees, which I gave him, together with 1s. for expenses. I said, "I suppose I shall have to appear on Thursday?" He said, "No, you need not appear—I can manage. I can swear that I have seen the people and they all agreed to pay." I said, "Well, you must not swear that if you do not know." He said, "I do not want you there." I said, "Very well," and he left. On the day mentioned, February 10, I did attend the court and found that none of the summonses had been taken out, none of my cases were down for hearing, and prisoner was not there. The next day a man called on me from the prisoner. I went to prisoner's house, but failed to see him, and have not seen him since. I never lived at 25, Lower Road, Rotherhithe.
(Monday, June 6.)
FREDERICK BRUCE , usher, of Southwark County Court. I have examined the books of my court from January 19, 1910, to the present day. One summons was issued by Charles Schonenberg, of 25, Lower Road, Rotherhithe, against Goole, 23, Dillon Street, Kennington.
Sergeant FREDERICK STEVENS, W Division. On May 6, with another officer. I arrested prisoner on a warrant. He said, "I will go with you with pleasure. Let me go indoors and I will get the plaint notes where I took out the summonses at the Southwark County Court." I took him to his address, 1, Amor Road, Peckham, when, after a lot of talk, he said, "The plaint notes are not here, but my son has them, at 146, Lower Road, Rotherhithe." On the way to the station he said, "My boys, I have expected this. I am very glad you have got me. I was locked up once before like this and I got £25 out of the prosecutor, and I will have a bit off old Schonenberg for this.
I will get out of it all right." He afterwards said, "I am three quarters behind with my rates, and I have been to the court to-day but there was no order. I know the game and I should be a fool to pay rates being mixed up in the law for 25 years. I will make old Schonenberg sit up." He made no reply when charged. I have been to Lower Road, Rotherhithe, and find that No. 25 and several other houses have been demolished for about two years. Prisoner's son resides at 146, Lower Road. Prosecutor is a master baker of 181, Wandsworth Road, in the jurisdiction of Lambeth County Court.
FREDERICK A. LONDON , clerk to E. and W. Stanford, 260, Albany Road, Camberwell, bakers. In October, 1909, prisoner called on me, left his card, and afterwards saw me. I gave him a list of debts for him to inquire into. He agreed to collect debts at 10 per cent. commission on amount recovered. I gave him 4s. for expenses on account of commission, for which he gave me receipt produced. He afterwards called with a list and said, "This is a list of customers who can pay, but will not, and I should summons them if I were you." I asked if he was quite certain they could afford to pay. He said "Yes." I told him he had better summons those five. He said, "I want £1 the summonses," which I paid him; he gave me receipt (produced): "Received £1 to issue summonses, Barnet Green, O'Neill, Richardson, Austin, Spinner, Cartwright." On October 14 he called with another list of customers he said he had better summons. He said he had had all the others issued, that in the event of their not being served they would be sent on to me and that the summonses would come on at Southwark County Court on November 11, 1909. I said I would not issue any more until those had been heard. On November 8 he wrote stating that he would call that evening for the hearing fees for the cases to be heard on 11th inst. He called on the 8th and said he wanted 18s. for hearing fees. I then paid him 18s. and 1s. more for expenses—believing that he had issued the summonses. On November 11 I went to the court and found that only one summons had been issued, against Richardson, for 7s. Prisoner was not at the court, but Kay, a man working with him, was there. On November 13 prisoner came to see me. I was busy, but said to him, "How did you get on on Thursday?" He said Richardson was going to pay in a month's time; O'Neill would pay in two monthly payments; Green the same. I have not seen him since, and he has never accounted for the money I gave him. In January, 1910, after seeing my solicitor, we wrote prisoner revoking his authority to take out summonses on our account. In February he attempted to take out summonses at the court, and his application was refused.
FREDERICK BRUCE , usher, Southwark County Court. I have examined the Court Register since October 1, 1909. No summonses have been issued against Barnett, Green, O'Neill, Austin, or Cartwright. On October 14, 1909, a summons was issued of Stanford v. Richardson for 3s., on which judgment was signed on November 11 with 2s. costs.
for the summons and 2s. for expenses, which I paid him. On June 9 he said he had served the summons and wanted 24s. to enter up judgment, which I paid him. On July 4 he called for 14s. 6d. to take out execution, which I also paid him. On July 21 he called and said he wanted 10s. 6d. for a solicitor, which I took to the Southwark County Court and handed to Kay, prisoner's clerk, who had called on me before. I then went into the Registrar's Court, where I saw prisoner, who said my case must be some time, and took me into the Judge's Court to hear an interesting case. In about five minutes Kay came in and said my case was over and we had obtained judgment and an order had been made for 4s. a month against Thompson. Prisoner has never accounted to me for the 14s. 6d. he obtained from me for issuing execution.
FREDERICK BRUCE , usher, Southwark County Court. On July 7, 1909, a summons was issued by Cox v. David, John Thompson for £6 10s., the issue and service fee being 9s.-and with the hearing fee the costs being £1 17s. On July 22 judgment was obtained for 4s. monthly. No execution has been issued. There has been paid in on August 27, 1909, 4s., and on November 3, 8s.
CHARLES KURZ (prisoner, on oath). Stanford was a new client, and when I start business I get a sum of money and issue one summons and always get the hearing fees before issuing any more. I could not issue the other summonses because the people had run away. Prisoner made a long rambling statement suggesting that he kept the cases over to bring them on at one day in the various courts he attended. He admitted he had been forbidden to issue summonses by Judge Emden at Lambeth, and had, therefore, issued the one summons for Schonenberg from a fictitious address in the Southwark district. He had had great expenses in making inquiries, and had spent the money in that manner.
Verdict, Guilty. Sentence, Three months' imprisonment on each indictment, to run concurrently.
BEFORE JUDGE RENTOUL.
(Saturday, June 4.)
Mr. Lucas prosecuted.
to a man who said he was a Welshman, but I found he had not the brogue. Prisoner and another man rushed in out of the rain. I found my chain was hanging down, felt my pocket, and the matchbox was gone. It looks like a watch. I went outside where there was a struggle. I did not see prisoner leave the bar. I did not see any more of the box again until I saw it at the police station.
MARY ANN BORNER , "Brunswick Arms," 58, Judd Street. I saw prosecutor and prisoner in the bar on April 16. Prisoner first came in with another man and asked for a glass of ale and a "pony" of bitter. He rushed in between the two men who were speaking in Welsh, called for his drinks. He gave the man a glass of ale and "pony" of bitter, and kept moving along the counter watching me. I said, "If it is the 'pony' bitter you want, take it and don't watch me." I saw prosecutor's chain hanging and told him, saying, "Where is the watch?" Prisoner made an attempt to get out. There was a man at the door who said, "No one shall go out of this bar until the watch is found." Prisoner said to prosecutor, "If I give the watch up will you let me go?" I rushed out into the bar and said, "You shall not go, you thief." I did not see it taken and did not see it given up. I went to the door and called "Thief." A detective ran across and said, "What is the matter?" I told him a man had stolen a watch.
Cross-examined. I could not say how many men were in the bar that night. You were held by several men until the police arrived.
Police-constable CRAWLEY. At 6.15, on April 16, I heard police whistles blowing. I went to Judd Street. Outside the "Brunswick Arms" I saw a large crowd. Prisoner was struggling on the pavement. Several people were trying to restrain him. I arrested him. Somebody in the crowd handed me this metal watch, saying prisoner had pinched it. With assistance I took him to the police station, where he was charged. In answer he said, "I did not pinch it; I picked it up off the floor and gave it to the old man."
Cross-examined. I went to your cell the next morning to know if you wanted some food. The previous night when I searched you I found £1 7s. 6d. This was money you had got on your discharge from prison.
WILLIAM WARD (prisoner, not on oath). On this night, April 16, I was coming from Scotland Yard to Clerkenwell. There was no other man in my company. The police say a whistle blew and the witness said there was no whistle blown. I was in the station three-quarters of an hour before I was charged with the theft, and then I was charged only by one thing, a cove saying to me, "Hallo, Mo, how long have you been home?" I said, "About eight hours." He went and spoke to the inspector, who spoke to prosecutor. The prosecutor had no idea of charging me with stealing this thing until he had been to the station.
Prisoner was then indicted for that he is a habitual criminal.
Sergeant GOODCHILD, Y Division. I was present at North London Sessions on August 27, 1907, when prisoner was sentenced to three and a half years' penal servitude and three years' police supervision.
Warder WILLIAM REYNOLDS. I was present at North London Sessions on March 20, 1906, when prisoner was sentenced to 12 months' hard labour for possessing housebreaking implements by night. I was also present at this court on March 9, 1903, when he was sentenced to three years' penal servitude for warehouse breaking. He had 15 months at this court on October 23, 1899, 22 months at North London Sessions in June, 1901. He was released from his last sentence on April 15 this year.
Verdict, Guilty. Sentence, Three years' penal servitude and five years' preventive detention.
Sergeant JOHN DYER, Midland Railway Police. On May 14 I was on duty in St. Pancras Station on No. 2 platform. About 10 p.m. I saw prisoner there. He took the case from a barrow there. The barrow was 30 or 40 yards from the booking-hall. He was carrying a rush basket. He took the case from the barrow and walked towards the booking-hall with it, went through the booking office, and turned to the left through the archway. When he got to the second pillar under the archway he turned round and saw me and Lonnen. He then dropped the bag and ran. I shouted, "Stop thief." Prisoner ran along the front of the hotel on the terrace. I followed as also did a young man named Hunt who was close by and within reach of him all the time. I lost sight of prisoner for a moment when he turned the corner into the exit archway. I then saw him run across to No. 7 platform. He there entered a third-class compartment in a train. I told him to get out, and that I should arrest him for stealing a case from No. 2 platform. He replied, "I know nothing about it." I took him to the police office. Detective Lonnen directly brought the case in.
Cross-examined. The man who took the bag was 15 to 20 yards from me when I saw him side face. The barrow was between me and the booking office. Lonnen was standing beside me. We did not run after prisoner because at the time we saw him take it we did not know if it was his own property or not. It was only when he dropped it that he aroused our suspicions.
ARTHUR LONNEN , detective, Midland Railway Police. I saw prisoner on No. 2 platform carrying a mat basket. It had flowers protruding from the top. He took this case with his right hand from the barrow and walked straight down the platform, went through the booking-hall, then to the left to the hotel archway. He dropped the case in the second archway and then commenced running along the terrace. Dyer shouted, "Stop him," and gave chase. I picked up the case and brought it to the police office, where I found Dyer and prisoner.
Cross-examined. I did not make any note that evening of what the man was wearing who was carrying the bag. I could not say what he was wearing round his neck. I lost sight of the man who stole the bag only once.
VICTOR HUNT , billiard marker, Midland Grand Hotel. On May 14, at 10 p.m., I was on the middle of the slope going from the booking-office. I saw a man turn the corner going from the booking-office and stumble. He ran along the slope when I heard the cry, "Stop him." I ran after him. He ran to No. 7 platform and entered a third-class carriage. I handed him over to the police-officer saying, "Here is the man."
Sergeant GOLDCHILD, Y Division. Prisoner was given into my custody. He said, "I am innocent. I have no need to do this. I can explain why I ran away. I left off work at Chapel Street. I was trying to get on a bus, some men made a rush and nearly knocked a lady down. I spoke to them. They threatened me. They followed me, and when I got off the bus I ran to get away from them." When the charge was read he said, "It is a mistake, I never stole the bag."
Four witnesses were called who testified to prisoner's excellent character.
CHRISTOPHER WILLIAM BULMER (prisoner, on oath). I have been employed five years by Messrs. Covell's, butchers, in Edgeware Road. At 7.30, on Saturday week, I was finished early, and after going to Lisson Street to see a lady I knew, who gave me a flannel, I went to Marylebone Baths for a bath. I had to wait my turn, and it was 8.45 when I came out. I went back to Lisson Street, where I met two friends, Mr. and Mrs. Bloomfield. I had this muffler on when I came back from the baths. I asked for my collar and she said, I thought it was one of the boy's. I should not put it on as you have been to the baths." I came away between 9.30 and 9.45, bought some flowers, put them in my basket. I got to Bailey Street, where there was a Tower Bridge bus. It was 9.50 p.m. I wished my friends good night, and jumped on the bus. We came down Chapel Street, Baker Street, to Portland Road. The clock then struck 10. At the corner of Euston Road and Hampsted Road I got off the bus to get on another. When that bus came round the corner there was a rush to get on it. Two men came rudely pushing and I spoke to them about it in the bus. We jangled until we got to St. Pancras Station. It was 10.12 when I got off the bus. I slipped off the bus in front of the Grand Hotel, through a gate at the side straight up past the pillows. When I turned through the archway someone shouted "Stop him." I thought it was one of the men I had been arguing with in the bus. When I sat down in the carriage Hunt said, "That's him." Then the detective came up. As I stepped out I said, "What is the matter?" He said, "What have you been up to?" I said, "Nothing." He
said, "We know all about you, come along with me," and took me into the police room.
Verdict, Not guilty.
BEFORE M?. Justice GRANTHAM.
(Monday, June 6, 1910.)
WILLIAMS, Edward Albert (28, barman) , Feloniously shooting May Frances Rigley with intent to kill and murder her; (second count) feloniously shooting her with intent to do her some grievous bodily harm; (third count) feloniously wounding her.
Mr. E. L. Hadfield prosecuted; Mr. St. John Macdonald defended.
Detective-Sergeant CHARLES DIXON, Metropolitan Police, stated that he was present when Detective-inspector Ferrett's depositions were taken at the police-court in the presence of prisoner, who had ample opportunity to cross-examine.
Detective-inspector ALBERT FERRETT'S (Metropolitan Police) depositions were then read: "At 10.30 a.m. on May 6, in consequence of a communication I received, I went to 22, Earlsmead Road, South Tottenham. I there saw prisoner detained. I said to him: 'I am a police officer,' and I told him to listen carefully to what I had to say. I then said, 'From what I have been told I shall have to take you into custody for attempting to murder May Frances Ridgley, with whom, I understand, you have been cohabiting, by shooting her with a revolver.' He said, 'I quite understand. I did it. She has been my ruin. I have given myself to her, and have worked night and day for her benefit. I thought she was acting faithfully, but I found it was different. She has denied it to me and I have forgiven her. This morning I found her locked in a room at Hanover Road, and I now know she has got a bad disorder. She has driven me to do this. You will have no trouble with me. I gave myself up to the policeman.' I was afterwards handed the revolver (produced), which contained five cartridges, two of which had been discharged and three were loaded. I was also handed a paper containing 28 loaded cartridges similar to those I found in the revolver. In the passage of the house there was a very large quantity of blood and splashes of blood on the brickwork and frame of the front door outside. I took him to the Tottenham Police Station, where he was charged. The charge was read over to him, and he said, 'Yes, I quite understand. The only thing I can say is I am sorry if I have given any trouble.'
Cross-examined on a subsequent occasion. I have not heard that it was prisoners intention to go with the injured woman to Canada. I have made inquiries and I find he bears generally a good character. He was in employment at the time. Prisoner told me he was not
married. I will make inquiries as to his now alleged marriage at the Registry, Liverpool Road, Islington. Mrs. Underhill, mother of the injured woman May Frances Ridgley, lived with her and prisoner at 22, Earlsmead Road, South Tottenham. They occupied rooms on the first-floor front. The revolver was handed to me in the kitchen of the house."
HENRY FLOOD , letterpress printer, 41, Wakefield Road, South Tottenham. At 12 a.m. on May 6 I was walking along Wakefield Road, and when I got to the corner of Earlsmead Road I saw prisoner had hold of a woman by the left wrist with one hand and with the other hand he had her at the back, hustling her along. When they got to the house where the woman lived he pushed the woman through the garden gate. She tried to come out again and he fired with his revolver twice in quick succession. She then made for the street door and went into her house. I knew it was her house because I have seen her go into it on many occasions. I was standing right opposite, about 20 yards away. I ran up to prisoner, who was standing at the gate with the revolver in his hand. He said, "Take this," and gave the revolver, which was hot, to me. He said to me, "This woman has been my ruin," and to a bystander, "Run and fetch a doctor at once." He then went into the house. After waiting some considerable time, Inspector Dixon, I believe it was, came out and said, "I want the man who has the revolver." I went in the house, and he asked me where I got it, and I indicated prisoner.
Cross-examined. I noticed no blood. She was standing close by when the revolver went off. It looked as if she wanted to escape out of the gate.
VICTOR DONALD O. LOGAN , junior house surgeon, Tottenham Hospital. About 11 a.m. on May 6 the injured woman was brought in in a very collapsed and bloodless state. She had a small circular wound in the front upper part of the left thigh. There was not much coming from the wound. The bullet was extracted next day.
Cross-examined. It was two inches below the groin; I did not say that it was a shallow wound. I did not consider it dangerous.
To the Judge. I noticed no signs of a venereal disease; they might have been there but I was not instructed to look for them.
ANDREW BLAIR AITKEN , senior house surgeon, Tottenham Hospital. The injured woman was under my charge. I have examined her with a view to seeing whether she had a venereal disease, and I have not been able to arrive at a diagnosis that she has such. I found a scaly condition on her head and on the skin about various parts of her legs near her private parts down as low as the calf; I think it was a form of seborrhea, called when it affects the scalp dandruff.
Cross-examined. The ordinary layman might imagine that it was a venereal disease.
To the Judge. This ailment of the skin might have been contracted perfectly innocently. I have never known a case where these symptoms are the only signs by themselves of the patient having had a venereal disease.
Re-examined. I cannot say positively whether she has or has not had a venereal disease.
WILLIAM BASFORD , engineer. About 10 a.m. on May 6 I was passing through Hanover Road, when I saw prisoner and a woman coming out of 16, Hanover Road, rowing. I followed them. When they got to 22, Earlsmead Road, prisoner knocked at the door, and he hit the woman in the face. When the door was opened the woman went in and then prisoner pushed her outside again and fired two shots at her. She staggered into the house. I was about 30 yards away.
To the Judge. He pushed her so as to prevent her entering the house. It was about 12 yards away from the house where he shot her.
Police-constable WILIAM SINCLAIR, 124 N. At 10 a.m. on May 6 I was on duty in the High Road, Tottenham, when I heard a police whistle. I went to 22, Earlsmead Road, where I found prisoner standing in the footway. He said, "I have shot a woman." I asked him where she was, and he said, "She has gone into the house." I asked him to come into the house with me, and we went into the house. In the back garden I found her lying on her back bleeding from a wound in the head. I at once sent for a doctor and remained on the premises with prisoner until Inspector Ferrett arrived.
To the Judge. It was a slight-cut over the right eye which might have been caused by a fall or blow—not by a bullet.
MAY FRANCES RIDGLEY . I am the supposed wife of William Ridgley, with whom I had ceased to live. I went through the form of marriage with him when I had a husband already living. He is Still alive. I left him five years ago and during the last two and a half years I have lived with prisoner. He knew I was a married woman. On May 5 I left Earlsmead Road, where I was residing, and went to a friend of mine in Hanover Road, because prisoner threatened to shoot me and himself too. He has threatened me several times. I knew he had a revolver. Between 9 and 10 a.m. on May 6 he came to Hanover Road and promised me if I would come out he would for-give me for stopping out all night. My friend unlocked the door and when I came out he caught hold of me and dragged me home. When he got on to the doorstep he hit me. I ran away, and then he shot at me twice, as far as I can recollect. I became unconscious.
Cross-examined. He had carried the revolver about for a long time. I daresay he has loved me. I did love him, but I have altered my mind now. He was very good to me for the two and a half years we lived together until the anonymous postcard came; we lived very happily together. After the postcard he continually asked me whether I loved anybody else. I told him that what the card said was not true and asked him to find out where it came from. All this trouble began from the postcard. About six months before this we were going to sell what we had got and go to Australia, but we could not get enough money. I lived with my mother, and he used to come home in his rest time, sometimes two or three times a week. He considered me as his wife and he introduced me to his own people as such. I
told him that some man had said he would do me in if I didn't go with him, but prisoner knew very well it would not come to anything. He did not have the revolver for the purpose of protecting me. I said I would get a medical certificate as to myself to satisfy him and he would not wait for it; I was going to get it on that very day; he was mad with something; I did not know whether it was with jealousy or not. He was standing by me, hitting me, when I knocked at my mother's door; she opened it and told me to run away, because she knew he had a loaded revolver; she told the policeman so the night before.
Re-examined. It was the anonymous postcard that caused the bother; he was nasty to me after that. He asked whether there was any truth in it, and I told him there was not.
Detective-sergeant CHARLES DIXON, recalled. I have found that prisoner has been employed for a number of years at two or three public-houses, and he has borne an excellent character at each place. Knowing him personally, I should think he would be the last person to be guilty of a crime of this kind.
Cross-examined. He has the reputation of being a very sober and industrious man. After the police court proceedings I went to the Registry Office in Liverpool Road and found in the register an entry on May 8, 1908. (Mr. Hadfield objected to witness stating what he saw, since parol evidence could not be given to prove a document. Mr. Justice Grantham upheld the objection.)
MAY FRANCES RIDGLEY (recalled). I went through the form of marriage with prisoner in my maiden name, "May Frances Howard." (To the Court.) It was my mother's house, and I hired a room from her, paying the rent for it out of prisoner's money. He made me an allowance of 15s. a week. He did not use to have his meals there.
EDWARD ALBERT WILLIAMS (prisoner, on oath). On the day previous to this prosecutrix's mother called round arid told me that I had accused her daughter wrongly, and she would prove it by getting a doctor's certificate. Later that day I went to see her, and after speaking to her about the certificate I went upstairs to find all the drawers stripped of sheets and quilts. The mother did not know where May was, and not having come by 8 p.m. I went out and made inquiries about her. I walked about where I thought I could possibly find her until about five o'clock next morning. I then sent a message on the telephone to Mr. Groom, where I was employed. Soon after 9 a.m. I went to the "Seven Sisters" public-house, and was told there that May's friend, a woman, had just left there for the second time to get drink, and that she had told them that she was going to tell May, who had been with her all night, that I was round about. I went to this woman's house at 16, Hanover Road, and I was told by the little girl who opened the door that May was not there. I had looked through the letter-box previously and seen the parlour door closing, and I concluded she was in there. I told her that if she would come out
and tell me the truth I would forgive her. On my promising not to hit her, she came out. We both went home, and I knocked at the door, which was not opened. On my asking her to tell me the truth she said I had accused her wrongly. I said, "Where is the doctor's certificate?" and she said, "Go and ask the doctor yourself." I was so maddened to think that what I had accused her of was right that I lost my temper and hit her. The door was opened, and I went into the passage thinking she was following me, which she did for about a yard, but when I turned round I found that she had turned round and was going out again. I could see how frightened she was, and I said, "I will frighten you—you lying, wicked, hypocrite." With that, thinking to just show her the revolver I put my hand in my hip pocket and just pulled it out. Just as I got my arm round to my hip it went off. I felt a sharp pain in the back of my hand, and I very nearly dropped the revolver. Gripping it again, there was another report, which so astonished me that I stepped back on to the kerb. A man from across the road said, "Don't be silly," and came towards me. I said, "It's all right. I don't want to harm her," and I gave the revolver to him. I walked towards a policeman and said to him, "I believe I have shot a woman," and with that we went into the house, and we found my wife lying on the ground in the yard. I had previously asked somebody to fetch a doctor in case I had shot her. Since April, 1909, it had always been our intention to go to Australia if we could get enough money, but the money I had was expended in doctor's fees at the time she was ill. Hearing I was going to Australia a customer where I was working sold me the revolver and the cartridges, the revolver being loaded just as it was on the morning of this affair. I resigned my position at the "Swan" last September; from April until that time I used to keep the revolver locked up in a drawer. May told me in September that someone had threatened to do her in if she did not go with him, and I carried the revolver with me since then. Whilst in Mr. Groom's employ at the "Mechanic's Larder "I used to take the money every week to the bank, taking the revolver with me. From September to December I was ill, and then I went to the "Mechanic's Larder," where I was employed at the time this happened. I always carried the revolver when I went out since December. I had never fired one before in my life, and I know nothing whatever about them. The man I bought it from showed me the safety catch, but whether he said keep it up or down I do not know. The way I worked for this woman and what I had to put up with shows that I loved her. My passion is very strong for her. I first met her three years ago as a customer, at the "Swan." She told me she was married to Ridgley. I married her in her maiden name of "Howard," at the Liverpool Road Registry Office on April 8, 1908. When we first met it was on that understanding that she had just left the place where she had been working for six months, And that she had gone out to work again as a single woman, and had left Ridgley because he had ill-treated and wronged her. She said that her marriage with him was illegal. I never lived with her as man and wife before I married
her. I introduced her to my relatives as my legal wife and her mother always treated me as her daughter's husband. About a fortnight before this happened, I received an anonymous postcard saying that she had been untrue to me. I taxed her with it, and she said it was somebody trying to get me away from her, and that since she had known me she had never been about with fellows or drinking in public-houses. The following day I was telling her in our room how this postcard had upset me, when she went downstairs to answer a knock at the door; on her return I asked her who it was, and she said that it was a man inquiring for somebody, and she had told him he lived on the right. I looked out of the window and saw this man going to the left and I became suspicious; it worried me a lot. She had what I thought was eczema, but about this time, looking at it, it seemed so much worse that I had my doubts that it might be something else, and I suspected she had a bad disorder. She said that she would get a medical certificate to prove it was only eczema. We had been very happy until this shooting occurred. I had never threatened to kill her or myself. She knew I had the revolver.
Cross-examined. I was suspicious and jealous of her when I got this postcard, but I got over that. I do not think I told the police when arrested that it was an accident nor did I tell the magistrate. I do not dispute that I said to Ferrett, when he charged me with attempting to murder her, "I did. She has been my ruin." I have reserved my defence till to-day.
Re-examined. I was advised to do so. I never intended to shoot her.
FREDERICK GREENER , technical gun expert, W. W. Green, gunmaker, London and Birmingham. I have been nearly 30 years in the trade. Accidents can very easily happen with revolvers, much more than with any other class of firearms, and especially with this revolver, which is a cheap Belgian type. It is a pocket revolver with a foreign trigger—a mechanism which is not much seen in English-made revolvers, and with which accidents are exceedingly likely because it is not understood. The cocking mechanism is of a very curious type; it goes off suddenly without your knowing it. The safety catch does not control it. In this way it is particularly dangerous, and altogether it is a very unsatisfactory instrument. The mere fact of catching hold of the revolver in this position (describing) is liable to move the safety catch.
Cross-examined. My latter remarks apply to this particular type. It is an exceedingly dangerous weapon, and you could not say it has a pull. I could easily pull it off in taking it out of my pocket.
HOWARD NERHWESOLE , 34, Hampton Road, Gray's Inn Road, W. C. I have known prisoner eight years, and during that time he has borne a good character. All his employers speak very highly of him. He never drinks.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
The prosecutrix was stated to have a very bad character in the neighbourhood) it being her habit to drink with low-class women and associate with other men.
Sentence, Three years' penal servitude. Mr. Justice Grantham said that he considered that proceedings should be instituted against the prosecutrix for bigamy.
BEFORE MR. JUSTICE GRANTHAM.
(June 6, 7, and 8.)
Mr. Bodkin and Mr. Leycester prosecuted; Mr. Martin O'Connor defended.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Monday, June 6.)
Mr. R. P. Mahaffy prosecuted; Mr. Purcell defended.
Inspector ALFRED WILLIAMS, L Division. On April 20, at 1.15 p.m., prisoner surrendered at Kennington Lane Police Station. I read the warrant which I held; he made no reply.
Cross-examined. Prisoner has been for nine years porter at the Home Office and his situation is kept open pending this charge. He entered the Army in 1888, went through the Soudan and South African wars, received the South African medal with seven clasps, and left the Army as corporal after 13 years, service.
JOHN SHEA , 46, Carlisle Buildings, Westminster Bridge Road, labourer. On April 19, at 10 p.m., I went to the "Chester Arms" public-house, Chester Street, with Mr. and Mrs. Lancaster. Prisoner, whom I knew by sight, entered the adjoining bar with a female and another man named Herbert. Prisoner said to Lancaster, "You are the man that struck me six weeks ago." He then leant over the partition and stuck his lighted cigarette in Mrs. Lancaster's face, leaving the ash. Prisoner and the woman left. About half an hour afterwards I was playing a game of darts with Lancaster and the landlord when prisoner, Herbert, and Dubber entered. Prisoner struck me in the face with his fist. I had a piece of chalk in my hand and was marking the score. At the same time Herbert attacked Lancaster. Dubber also struck me. I went in the corner when prisoner seized me
by the testicles, causing me great pain. I appealed to Dubber, who told prisoner to let go, which he did. I went outside and prisoner struck me again twice. I did nothing except try to defend myself. I was in great pain for about a quarter of an hour; it wore off; the next morning I felt very bad. I went to the police and afterwards to the hospital and remained in three weeks. Before going to the hospital the next day at 10 a.m. I was in the "Bricklayer's Arms" and was showing the injury to Dubber, when prisoner came up and struck me in the face. We struggled and both fell to the ground. Prisoner's friends came up and I ran out as well as I could.
Cross-examined. Prisoner was a stranger to me. I did not see a glass of liquid in Mrs. Lancaster's hands or that she threw it in prisoner's face. She did not strike Herbert on the head with a pot.
(Tuesday, June 7.)
BERTRAM FRIEND BARTLETT , house surgeon, Westminster Hospital. On April 20 I examined the prosecutor; the left side of his face was bruised; his lower eyelid was very much swollen and the eye half closed. His scrotum was about the size of a large cocoanut; there was much bruising extending from the middle of his abdomen half way down both thighs; there was much bruising and swelling arising from considerable internal bleeding; several blood vessels must have been ruptured. The injury was, in my opinion, caused by pulling and twisting the testicles with very great violence. He remained in the hospital till May 14. In my opinion, the right testicle is probably, permanently injured—there is so much blood effused into the scrotum and under the skin.
Cross-examined. There would undoubtedly be great pain. I do not think the injury could be caused by mere struggling on the ground. There is an abrasion underneath the scrotum and the skin is broken; that would be caused by seizing with the fingers; I do not think that is the result of a kick.
ALFRED KING LANCASTER , 182, Kennington Road, stereotyper's assistant. On April 19 I was in the "Chester Arms" with my wife and prosecutor, when prisoner, whom I knew, entered the adjoining bar. Prisoner said something to me which I did not catch and left. About three-quarters of an hour afterwards I was playing darts with the landlord when prisoner came in with Dubber and Herbert. The prosecutor was marking the score when prisoner deliberately walked over and hit him in the face with his fist; Herbert came up to me in a fighting attitude. I closed with him and threw him on the floor. My wife had gone out to look for the police; she came in and pulled me off. Prisoner and Herbert were punching prosecutor in the face with their fists. So far as I know I had had no altercation with prisoner.
MARY LANCASTER , wife of the last witness. On April 19, at about 11.30, I was in the "Chester Arms" with my husband and prosecutor. My husband had been in before and I had waited outside, and I went in to fetch my husband. He was playing darts with prosecutor and
the landlord. They were sober. When we were in before prisoner said to my husband, "You are the man I took a punch on the jaw from a few weeks ago." I turned to see who it was when he pushed, a lighted cigarette in my mouth, burning me; I felt it for three or four days afterwards. The landlord refused to serve prisoner with further drink. He had with him a woman and Herbert. I ran out for a policeman, because I thought there would be trouble. Then, coming back about 20 minutes afterwards, prisoner, Dubber, and Herbert were there. Herbert put himself in a fighting attitude at my husband; prisoner and Dubber were punching Shea. My husband closed with Herbert and wrestled on the floor with him. I pulled my husband off. My husband and I then went home.
AMBROSE BLOSS , licensee, "Chester Arms." On April 19, between 9 and 10 p.m., I was playing darts with prosecutor and Lancaster, whom I know as regular customers. Prisoner came in with a lady and was served with liquor. Several customers came in and I attended to them. Prisoner left and returned with Dubber and Herbert at about 12 o'clock. They were perfectly sober. Dubber called for a "pony" bitter, which he put down on the counter. Prisoner and he went in a fighting attitude towards prosecutor. I told them I did not want any trouble. I left my assistant in charge of the bar, went out and blew a police whistle for assistance. After waiting some time, as no policeman came, I returned; they all went out and I closed the house at 12.15. I saw no blows struck.
JAMES HUNT , barmaid, "Chester Arms." On April 19, between 10 and 11 p.m., prisoner came into the bar with a woman. Prosecutor and Mr. and Mrs. Lancaster were also there. I heard prisoner make some remark to Lancaster; Mrs. Lancaster looked round when prisoner pushed the lighted end of his cigarette in her mouth. Mrs. Lancaster had a glass in her hand and threw the contents of it at prisoner. They all left. About half an hour afterwards Dubber, Herbert, and prisoner came into the large bar; I saw prisoner pushing prosecutor against the wall and punching him in the face; Dubber also struck him. Mrs. Lancaster went out to fetch the police and Bloss went out and blew a whistle; upon that they all went out. The scuffle occupied about two or three minutes.
THOMAS WILLIAM BROADBENT (prisoner, on oath). I entered the Army in 1888 at the age of 18, joining the Army Medical Corps, and served for 13 years to 1901. I was through the Soudan campaign and the South African war, receiving a medal with seven bars. I was with General Buller at Spion Kop and at the Belief of Lady-smith. I was specially commended. I produce my characters and discharges. I am a married man with five children. I then took out a conductor's licence, 6ut hearing of a Vacancy at the Home Office I obtained the appointment, which I have held for nine years, as staff porter. This is the first time any charge has been brought against me. A few weeks before April 19 I was with Lancaster in a public-house,
when we were lifting each other; I lifted Lancaster, he fell down and he then punched me on the jaw—that is the only quarrel I have had with him. I have never spoken to prosecutor in my life. On April 19 I went to the "Chester Arms" with Mrs. Holland, when I saw Lancaster in the next compartment. I said to Lancaster in a joke, "Do you remember landing me a punch on the jaw?" He said, "I know who you are, you are Tom Broadbent." Mrs. Lancaster was on the other side of the partition and she stood up on a form and attempted to strike me with a glass of beer she had in her hand. The beer went over my head. I threw up my arm to ward it off and my cigarette touched her face. I had no intention of doing it, and certainly did not push it into her mouth. I left; shortly afterwards met Herbert, and we returned to the "Chester Arms." Prosecutor rushed at me and Lancaster at Herbert. We had done nothing to provoke them. Prosecutor struck me in the temple; I fell down, got up and struck him. Dubber was standing at the bar; Herbert was on the ground with Lancaster upon him and they were struggling. Mrs. Lancaster pulled her husband off him. I heard Mrs. Lancaster say to Bloss, "Lend me that pot." He put an empty pot on the counter with which she struck Herbert on the head, giving him a nasty scalp wound. We afterwards took him to St. Thomas's Hospital. He was smothered in blood. I did nothing to prosecutor except punch him with my fist in self defence. Dubber also punched him. I never touched prosecutor's private parts. Dubber did not tell me to let go—there is no truth in that part of the story. I never had hold of him. The next day at 11 a.m. I was at the "Bricklayers Arms" when prosecutor asked me to accompany him to the back of the premises. Prosecutor said, "I am not a man to go behind another man's back," and then he stuck his two fingers into my eyes and punched me. We fell and struggled on the ground when two men pulled him from me and I left. I heard that a warrant was out for my arrest, and I immediately surrendered at the police station. Dubber was also charged, but was discharged by the magistrate.
To the Recorder. Prosecutor never mentioned to me any injury to his private parts.
WILLIAM HERBERT , 7, Clayton Buildings, warehouseman. I am now doing odd work for the "Globe" newspaper. On April 19 I went to the "Chester Arms," where I saw prisoner and Mrs. Holland. I was calling for a drink for them when I heard a row going on between Lancaster and prisoner. As I returned with the drinks I had a lot of beer thrown over me, which came from the adjoining bar. Mrs. Lancaster knocked prisoner's hat over his eyes. Mr. and Mrs. Lancaster both called me a ginger-headed bastard and abused me. Prisoner and Mrs. Holland left. I remained inside, when prosecutor said to me, "Are you going to walk out, or else I will b—quick show you how to go out?" I then left and returned after about 20 minutes for an explanation with prisoner. When we came in prosecutor went for prisoner and the Lancasters went for me. Dubber was not there. Bloss put a pint pot on the counter and Mrs. Lancaster snatched it from the counter and struck me across the head with it about five or
six times. I did not fall on the ground. I tried to take my own part. Prosecutor and prisoner were only fighting fair. Nothing was done to his private parts as far as I saw.
HENRY DUBBER , 138, Lollard Street, engineer's labourer. I am not a professional boxer or boxing man. On April 19 I was in the "Chester Arms" with prisoner and Herbert when four or five of them were fighting. I took no part in it at all—I acted the part of a peacemaker.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Monday, June 6.)
SHARKEY, William (21, fitter), and DOUGLAS, Alfred (21, stoker) , both breaking and entering the warehouse of George Paxton and others, and stealing therein about £9 10s. in money, some postage stamps and other articles, their goods; Sharkey, breaking and entering the warehouse of Frederick-Schultze and stealing therein five combs, one knife, one pen and other articles, his goods. Prisoners were tried on the first indictment.
Mr. Nicholson prosecuted.
GEORGE PAXTON , 195, Great Portland Street, W. My premises were left safe on May 2. When I arrived next morning I was informed of the burglary by the caretaker. I afterwards saw the inspector and caretaker examining the back. When I went in I found the place very much upset, our work strewn all over the place. Entrance had been effected through a fanlight. The burglars had broken open a drawer, taking £8 or £9 in sovereigns, and cleared a drawer of stamps. I identify Exhibits 1 to 6 as my property. The penknife belongs to one of our girls.
WILLIAM TAYLOR , caretaker, 195, Great Portland Street, W. It is my duty to see the premises as properly closed. At 7.20 p.m. on May 2 every door was locked and bolted. At 6.15 next morning I found things lying all over the place and sent my wife for a constable. All the drawers had been ransacked in four rooms.
Sergeant GOODCHILD, Y Division. On May 12 I was with Sergeant Page. I arrested Douglas in the "Pindar of Wakefield," Gray's Inn Road. He was with Sharkey. I said to him, "We are going to arrest you for committing a burglary at Curry and Paxton's, Great Portland Street, on the night of May 2." Douglas said, "You will not find anything on me." I took him to Somers Town Police Station, searched him, and found 2s. silver, 4d. bronze, and Exhibits 1 to 6. They were in different pockets. I said, "Where did you get these from?" He said, "They are mine." Later in the day I told him the property had been identified as part of the proceeds of a burglary
committed at Curry and Paxton's. Douglas said, "If you can prove it I will plead 'Guilty,' but I am going to say now that a man gave me the property in Rowton House, King's Cross Road, this morning. I do not know his name or where he lives. I shall call Sharkey as a witness, and he is going to say the same thing. No one saw us on these premises; I am going to plead 'Not guilty'; I shall take my chance. Don't go to my mother's." Prisoner was charged and made no reply.
Sergeant FRANK PAGE, Y Division. I took Sharkey to the station. I told him he would be detained and would probably be charged with breaking into Curry and Paxton's premises. He said, "I don't know anything about that Curry's job; the kid" (meaning the other prisoner) "is going to say a man at Rowton House gave him the property to mind and he is going to call me as a witness." I searched him and found in his possession £1 10s. gold, 7s. 6d. silver, and 2 1/2 d. bronze. I asked him to account for it and he said he won it at gambling. I also found on him a penknife. I told him subsequently it had been identified by Curry and Paxton's people and he said, "That does it, but you can get on with it." When charged he made a reply that did not concern this case. I remember May 2 at about 9.30 p.m. I saw these two men together at the "Wheatsheaf," Camden Town, and they got on a bus going towards the West End.
ALFRED DOUGLAS (prisoner, on oath). That evening Sharkey and myself left his place about 8.30, proceeded down Hampstead Road, as Sergeant Page has said, went into the "Wheatsheaf," came out a little after nine, walked down to the Camden Hippodrome; we saw Detectives Butters and Goodchild talking to two young fellows outside. We then walked on. I noticed it was 12 past 9. I said to Sharkey, "We had better be getting on, otherwise I shall be late for my lodging. We walked down Hampstead Road and said good night at the corner outside Fred. Watts's. We separated there. I then noticed it was about half past 9 or 20 to 10. I went straight down to King's Cross, up Caledonian Road, towards the "Nag's Head." I was walking slowly. It was 20 to 12 or half past 11 as I passed the "Nag's Head." I went down Seven Sisters Road and turned down a road called Campbell Road. I found I had no money for lodging and, feeling tired, I sat down on a doorstep, and went to sleep. I woke about quarter past five next morning.
Cross-examined. I do not know whether Sergeant Page knows me; I had never seen him before. He is correct in saying he saw me with Sharkey. It was an empty house where I slept on the doorstep in Campbell Road, on the left-hand side. It is a good step from the "Wheatsheaf." I went there, as I had nowhere else to go to, to see if I could get some lodging money. I used to know some fellows that lived in that street. I remembered afterwards the fellow I was going to see was in prison. His name is Ashton. I know Curry's warehouse in Great Portland Street. A man gave me these things at Rowton House, who or what he is I could not say. I had never seen him
before in my life. He asked me to mind them while he went into the reading room just as a favour. I suppose he knew they were stolen property and wanted to palm them off to me. It did not strike me at the time. It was the morning of my arrest. I said to Sharkey, "He has left this stuff there, and he has not come back yet; I will see what it is." I opened this paper and found these things that are here. Sharkey did not say, "All right; I will say someone gave them to me. I did not tell Sergeant Goodchild I would call Sharkey as a witness. I shall call him. I asked Sergeant Goodchild not to tell my mother I had been arrested because I got into trouble once before and did not wish her to know. I did not say "They are mine" when they were found on me. I did not afterwards say, "I am going to say now a man gave them to me in Rowton House." It is an invention on the officer's part. I did not know the man who gave me them; I never saw him before I said at the station I knew this man by sight. I would know him again if I saw him. I said I was not going to plead guilty. I did not say, "I shall take my chance." I gave a description of the man to Sergeant Page at the police station.
WILLIAM SHARKEY (prisoner, on oath). I got in the "Wheatsheaf" at about 9 p.m. on the night of the burglary; we had a drink there and walked round by the Bedford; they were coming out; we walked back into Camden Town. At the Hippodrome we walked by Detectives Goodchild and Butters and two other fellows. Then we walked as far as the corner of Euston Road and Tottenham Court Road, where Douglas said good night. He said he was going to Campbell Road to see if any of the boys would give him lodging money. I retraced my steps. Detective Page says he see me going into a bus going towards where the burglary was committed. All the buses do not go near that place; you would have to change buses at Euston Road to go there. In Rowton House next morning I was charged. Douglas and myself had breakfast there, and a tall, fair chap came up and put these articles in the front of us. He said to Douglas, "Mind this for me; I won't be long; I am going to the reading room to write a letter." We waited a quarter of an hour and never see him. Then Douglas opened them and picked out this penknife. I said, "I want a penknife; I think I will keep this one, as he has not come back for them." So I put that in my pocket. We could not see this fellow and we walked from there past the police station, went into the public-house to have a drink, when in came Detective Page. I says "Good morning," he walked out and in came Detective Goodchild and Butters. I says, "What do you want me for?" He says, "You will know why." We went to the station. They never told me what I was charged with or nothing. He never charged me with this burglary till he found this penknife. He never recognised that till a long while after he recognised the other things.
Cross-examined. I suppose the reason the man left this property was because they were stolen. I do not know whether or not I said to Detective Page, "That's done it." I do not recollect. I generally do say things like that. I said, "Get on with it," when he told me he would charge me with the burglary. That means "Charge me."
I had 33s. 6d. on me. I won it at gambling. I was out of work at the time. I am a motor-car fitter. I could not say what time I parted from Douglas; I lost count of the time after 9 o'clock.
Verdict, both Guilty.
Previous convictions were proved against both prisoners.
Sentence, each Nine months' hard labour.
COTTRELL, Mabel (31, married) , obtaining by false pretences from Isabel Toler one gown and other articles, and one dress and other articles, her goods; in incurring a debt to the said Isabel Toler to the amounts of £2 7s. and £6, did obtain credit under false pretences.
Mrs. LUCRETIA SHEPPARD, 5, Victoria Gardens, Ladbroke Grove, dressmaker. I advertised in the "Lady" and received a reply from prisoner in the name of G. Cameron. I sent the dress. I heard no more of it. I should have wanted a reference if it had not been for the mention of "Bankers, London and South-Western, St. John's Wood branch," in the letter.
Cross-examined. The dress I sent was not my own; it was bought in Paris four or five years since. The lady who bought it said it cost 16 guineas. I did not know prisoner was arrested before she had opened the parcel. The dress was to be returned at once if it did not suit.
Sergeant BOWER, S. On April 25, at 10.40 a.m., I was keeping observation in Queen's Terrace. I saw prisoner carrying four large boxes. I stopped her, told her who I was and that I had reasons to believe what she was carrying had been stolen or unlawfully obtained. She said, "I do not know what you mean." I said I had reason to believe she was obtaining goods by giving false references and false names and addresses. She said, "I know that. I am very sorry I did it; my name is not Cameron and I do not live at Queen's Terrace, but at Herne Hill. At the station I asked if I could communicate with her husband. She said, "My husband does not know I am doing this. My reason for giving false bankers is that unless I do so the people I write to would not send me the goods, as I have to answer the advertisements through the editor." When I told her she would be charged she said, "I am very sorry indeed; I had no intention to defraud. I have some other things at my house now which I cannot return to the owners, as I have lost their letters." When charged she said, "The goods were sent to me on approval."
ERNEST SHARPE , stationer, 24, Queen's Terrace, N.W. Prisoner called on me in April and I arranged that she should have letters and parcels addressed to my place by paying a penny for each. I handed her a number of letters and parcels addressed to Mrs. Cameron. I did not know her by any other name.
Mrs. PEARSON GEE, 45, Campden Hill Square. I sent a letter to the editor of the "Gentlewoman," asking him to insert an advertisement. The advertisement appeared. I received in reply a letter dated from 9, St. George's Road, Wimbledon, signed Mrs. E. Vincent, asking me to send on approbation the blue serge as advertised, and stating her bankers were Cox and Company. I sent the dress on
April 8. I received a reply that the dress was too small, but she had a friend coming on Friday whom she was sure would like it, and could she keep it till then. I replied in the affirmative. I have never received payment for it.
Cross-examined. The goods were my property until I received a cheque or cash.
Mrs. ISABEL TOLER, The Cottage, Merton. Prisoner replied to an advertisement of mine in the "Gentlewoman" in the name of Maida Ash, 7, Park Place, Knightsbridge, asking me to send on approval a pink dress, and giving her bankers as Cox and Company. Believing the statements in the letter I sent the dress.
MABEL COTTRELL (prisoner, on oath). I have never had any charge brought against me before. To supplement my husband's earnings I have been carrying on a private dress agency. I buy and sell ladies left-off clothing. The editors of these papers will not receive from well-known dealers in old clothes letters in answer to advertisements. I had a letter from the "Lady" to that effect. Up to that time I had always answered advertisements in my own name. I had a banking account with the London and Westminster Bank. It has always been in credit. Last year I paid in £93, and early this year there was a credit balance of £12. It was no use giving my own bankers as reference as I was using another name. The reason I was unable to return certain things sent for approval is that the letters were lost in spring cleaning. One of the dresses I took back almost immediately as I knew the address.
Cross-examined. I did not look in a directory to see if I could find the people; I have letters from hundreds of people. I did not have complaints from people. One lady to whom I sent postal orders said she had not received them.
MARCO MANUEL , wholesale merchant and manufacturing furrier. I have had dealings with prisoner for two or three years. She has owed me on an average £80 to £100. She paid me last September £150 or £160. I am willing to continue doing business with her on the same terms.
Verdict, Not guilty.
TAYLOR, Edward , robbery with violence upon Annie Hutton, and stealing one pocket containing 4s. 11d., one pawn ticket, one leather purse, and one pocket handkerchief, her goods. The evidence was not fit for publication.
Verdict, Not guilty.
BEFOREE JUDGE RENTOUL.
(Tuesday, June 7.)
Sentence, Two months, imprisonment, second division.
Mr. Lucas prosecuted; Mr. Bickmore defended.
FRANCIS FIDANZA , 8, Osborne Street, Clapham. On April 24 about 11.45 p.m. I was at a club in Little Earl Street, Charing Cross Road, as a visitor. Prisoner was there. I had not seen him before. There were 12 or 14 men in the room. They were playing faro. I asked for a drink, and was standing at the first table. Prisoner was making a lot of noise and smacked a German, named Scharla, on the head three times. The first twice he said nothing; the third time he said to prisoner, "Why don't you be quiet? Leave me alone or I shall have a row with you." At the same time he asked me to speak to prisoner, as he could not speak French, and tell him to be quiet. I interfered only to pacify. I said, "Be a man and leave him alone." Prisoner used very bad language. He tried to punch me. I tried to defend myself. People were trying to pull him back. I could not move. In about 10 seconds I saw prisoner in front of me with a revolver, and he shot me in the leg. I had nothing in my hand except 3d. change I got from the steward. Everybody ran out. When prisoner heard he had shot me he ran away. I tried to run after him but could not catch him. I was in hospital two or three days. About two weeks afterwards I saw prisoner at the police station. I could not recognise him the first time because he had his moustache off. He had my hat on.
Cross-examined. I am an Italian. I had been to the club a few times. I did not take notice that it was a club because they did not ask me to write my name. I was not interested in the game of cards: I was looking on. Prisoner was standing near the table where they
were playing. I did not see him enter the room. I did not hear any dispute between him and the banker. It did not occur to me when I intervened between him and the German that I might be let in for a quarrel. They are a mixed lot of men that go there, all nationalities. I said to prisoner, "Why do you talk to me like that?" I tried to hit him back. I was between prisoner and the table; I could not move. Nobody got between him and me. I said at the police court, "When he and I began to fight the other people tried to separate us," but I made a mistake. I did not try to get at the prisoner; I stopped where I was; I thought the affair was finished. I swear I never had a knife in my hand. I did not say at the police court, "I might have had an unopenedknife in my hand." The solicitor asked if I might have had something in my hand; I said, "Yes, I had something," but I did not say I had a knife. I had the 3d. change. I do not think prisoner was frightened; if he was he would not shoot at me. Very likely I said he did not do it on purpose. The revolver might have gone off by accident.
RICHARD SCHARLA , 9, Clipstone Street, Great Portland Street. I saw prisoner and last witness at the club. Prisoner was teasing me by tapping my hat and knocking my head. I said nothing. As I cannot speak French I asked Fidanza to tell prisoner to stop that nonsense. Prisoner did not want prosecutor to interfere and struck him in the chest. Prosecutor was going to kick prisoner off a stool when prisoner suddenly stepped back, took a revolver from his pocket and fired two shots which hit prosecutor in the leg. I can swear prosecutor had no knife in his hand. I think prisoner was under the influence of drink.
Cross-examined. I have seen Fidanza at another club. I was not a member of this club. They might have been playing faro, but they play mostly poker. I was not playing that night. I do not know who was banker; they are mostly strangers to me. Prisoner did not stake heavily. They are small stakes there, from 6d. to 5s. Very seldom you see gold there. I did not notice whether prisoner lost or won. He was noisy that night. He had a discussion round the table. I know nothing about prisoner accusing anyone of stealing his stake and winnings after he had staked a louis. When prisoner played with my hat I asked Fidanza to tell him in French to stop his nonsense. Prisoner was the aggressor. He pushed me. Prosecutor simply kept prisoner off, and others, too. They stepped in front of him when he stepped back and brought the revolver into use.
HANNONE SEBBAH (prisoner, on oath). I live at 54, Gooch Street, W. I am an Algerian, and have served in the French Army at Bizetta. Since my discharge I have worked at Marseilles, Paris, and Brussels. I arrived in London on April 20 at 10.30. I came here to become partner to a Mr. Brock in a coffee shop business. I was
to pay £20. I had been three days at the cafe. On Sunday, 24th, I left the cafe about 11.45 with a man I had seen at the cafe one or two days before. The public-houses closing at 11 o'clock caused me to remark that I was surprised. This was overheard by the manager of the club. He told me there was a club downstairs and invited me in. There were 20 to 25 people there. I had beer to drink. About 15 men were playing. I began by staking three francs. At first I won. At the end I lost 250 francs. I still had another 250 francs. I had a dispute with the banker. I had staked a louis and won, and they did not want to give me either. I said I had been robbed. Then the banker wanted to give me the louis I had staked. I may have touched Fidanza's hat unintentionally. I was leaning over the table. When Fidanza came between me and the German I told him it was not a matter for him at all. I got anxious about my money when they were surrounding me. I saw Fidanza put his hand in his pocket. He did not open the knife. I did not give him time. I cannot say the size of the knife. Then I fired three shots on the ground to frighten him.
Cross-examined. I showed him the revolver. I pointed it without firing to frighten him and prevent him opening the knife. If I had intended to do him any harm I would have fired at his chest. I am taller than he, and if I had pointed it straight it would have hit him in the chest or side.
Sentence, Three months' hard labour; recommended for expulsion under the Aliens Act.
BEFORE THE RECORDER.
(Wednesday, June 8.)
WILLIAMS, Henry (28, painter), and LANE, George (19, labourer) , both stealing in the dwelling-house of Arthur Frederick Grundy three bracelets, six brooches, one locket and other articles, the property of Mabel Evelyn Grundy, of the value of more than £5, to wit, £120.
Mr. F. J. Egerton Warburton prosecuted.
LEONARD CUTHBERT , M.D., South Kensington. Prosecutrix has been a patient of mine for about 15 months. She is suffering from internal inflammation and it would be dangerous to her life for her to attend to give evidence.
Police-constable JOHN MELTON, 49 F.R., proved the giving of evidence before the magistrate by prosecutrix. Both prisoners had an opportunity of cross-examining; Williams put questions.
The deposition of Mabel Evelyn Grundy, 2, Enderton Court Gardens, wife of Arthur Frederick Grundy, brewers' manager, was then read: On April 19 I was at home in the morning and I had a jewel case containing the jewellery set out in the charge on my dressing table. I saw it safe at 10.20 a.m. Mine is a basement flat. My bedroom
window was open at the top, but closed at the bottom at 10.20 a.m. About 11.35 a.m. my cook gave me information about the bedroom window. I went to my bedroom, where I saw the lower part of the window open a good way. There were finger marks on the window ledge and from my dressing table I missed my jewel case, which contained three bracelets, six brooches set with diamonds, pendants, and other jewellery of the value altogether of £120. It was my property. I gave information to the police. (Cross-examined by Williams.) The finger prints were seen by the police. My dressing table is against the window. It would be necessary to get quite through the window to take the things.
Police-constable JOHN MELTON, 49 F.R., proved the making of the deposition before the magistrate by Thomas Sudbury in the presence of the prisoners, who were asked if they desired to cross-examine.
The deposition of Detective-sergeant Thomas Sudbury, F Division, was read: I was present this morning when the prisoners were charged with this offence. When the charge was read over Williams said, "I never had the things, but I know the man who did. The stuff was shown to me next morning." The prisoner Lane said: "The stuff was shown to me and I saw things bought out of the money." I went into these premises immediately after the larceny took place and saw the finger prints referred to, but they were blurred too much to be of any value.
SIDNEY MILLER , 15, Rathwell Avenue, Hornsey, electrician. On April 19 I was working at No. 7, Druro Place, which is at the back of Enderton Court Gardens. I started at 9 o'clock, and at 10.30 a.m. was working at the front bedroom window, which overlooks the prosecutor's flat. I saw the two prisoners walk up Druro Place and stop at the mansions at the end of the road. Williams went down the steps to the basement, opened the window and got inside; came out again, shut the window, put something under his coat; then rejoined Lane, who was waiting at the top of the steps, and they returned up Druro Place. The next day I communicated with the police. On May 11 I went to Acton Police Station, where I was shown from eight to twelve men in a row, from among whom I picked out the two prisoners. I was about 30 yards from prosecutor's window and they passed me going there and back at a distance of about 20 feet.
Cross-examined. The prosecutor's flat is at right angles with Druro Place, which is a cul de sac—I could see down on to prosecutor's window. I did not go for the police as I could not leave my work—I expected my employer to come. I did not notice the colour of the prisoner's clothes.
ARTHUR FREDERICK GRUNDY . I occupy with my wife a basement flat in Enderton Court Gardens, the bedroom window of which looks out to Druro Place. The entrance to the flat is in the front, but there is an entrance from Druro Place, which is occasionally used. The window is 8 to 10 ft. from the wall of the area and is about 2 ft. 6 in.
from the ground. I know No. 7, Druro Place. A man working at the first-floor window could perfectly well see anyone going through my bedroom window.
HENRY WILLIAMS (prisoner, on oath). On April 19 I left my home, 30, Crescent Street, Notting Dale, with a friend named Patrick Smith. We both went to 69, Raleigh Road, Shepherd's Bush, to see Mrs. Emily Buckfoy, and arrived there at 9.30 a.m. A woman named Mary Ann Priest was also there, and we stopped playing brag until 10.45 a.m., when Mrs. Buckfoy's mother, Mrs. Rochfort, objected to our playing and we left off. At 12 we all went to the "Richmond" public-house, Shepherd's Bush, and remained about 20 minutes, when Smith, Buckfoy, and I went to 68, Stowe Road, Shepherd's Bush, stayed till 4 o'clock, and returned to Raleigh Road, where I remained till night time and went home.
Cross-examined. Mrs. Buckfoy is here. At the police court I said, "I never had the things, but I know the man who did it. The stuff was shown to me the next morning." It was shown to me in Crescent Street, Notting Dale, at about noon, outside a common lodging-house where I live. Patrick Smith and my brother also live there. Smith and I are flower sellers.
PATRICK SMITH , 28, Catherine Road, Notting Dale, common lodging-house. On April 19 I went to Williams's place at 9 o'clock to see if he had been to the market to buy flowers; he said he had not gone to the market. We then went to the "Richmond" public-house, Shepherd's Bush, and stayed there till 11 o'clock. Then we went home at one o'clock to dinner at Williams's house, 69, Raleigh Road, Shepherd's Bush, afterwards going to a public-house till 3 o'clock, returned to Raleigh Road and had tea, and I stopped with him all that night.
Cross-examined. I have known Williams about six months, buying flowers at Covent Garden. I know nothing about the jewellery.
EMILY BUCKFOY (brought up in custody). I live at 69, Raleigh Road, Shepherd's Bush. I was convicted on May 11 and sentenced to six weeks' hard labour as a suspected person. On April 19, at 9 a.m., Williams came to see me and said he had just come from the market, where he had been to buy flowers, but they were too dear. Patsy Smith was with him. They came in and stayed till half past 10 or a quarter to 11. Then my mother came in and gave me an address at Acton, where I might get work. I then left with Williams and Smith at about 11.15 to see my father, who was ill. I stayed with them the whole day; they never left my company and they both stopped at my place all night and went away at 8.30 the next morning. Williams is no relation of mine.
Verdict, both Guilty.
Williams confessed to having been convicted at North London Sessions on February 18, 1902, receiving 18 months' hard labour for housebreaking. Other convictions proved: April 2, 1897, West
London Court, sent to an industrial school for two years; May 11, 1910, Acton Petty Sessions, 12 months' hard labour under the Prevention of Crimes Act, in the name of Henry Buckfoy—which sentence the prisoner was now serving—stated to live with the witness Emily Buckfoy; November 18, 1908, Mortlake, 12 months' hard labour, Prevention of Crimes Act; December 14, 1907, West London, 12 months' hard labour, Prevention of Crimes Act; January 16, 1907, Chiswick, 12 months' hard labour, Prevention of Crimes Act; September 22, 1905, West London, 12 months' hard labour, Prevention of Crimes Act; January 19, 1904, North London Sessions, 20 months' hard labour for housebreaking and stealing jewellery; a number of small sentences of three months, six weeks, etc., were stated. Lane was bound over on March 3, 1906, for stealing a bag; May 11, 1910, Acton, three months for loitering with Williams, which sentence he is now serving.
Sentence: Williams, Five years' penal servitude, concurrent with the sentence of May 11; Lane, Six months' hard labour, concurrent with the sentence of May 11.
Prisoner having promised not to repeat the offence was released on his recognisances in £25 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Wednesday, June 8.)
Mr. Tully Christie prosecuted; Mr. Lancaster defended.
JON LAGELAND , 2, Prince's Street, St. George's, E. On Easter Monday night, about 1 o'clock, I was in a lavatory at the bottom of Leman Street. Two fellows came in; one of them is prisoner. One caught me behind and tried to strangle me, the other took my watch and chain. He was not satisfied with my property and told the man behind me to give me a knock. He gave me three knocks; the third, knocked me down. I was powerless and lost much blood. I did not see the men afterwards. I made complaint to the police. On May 4 I saw prisoner at the police station. I picked him out from several other men. I saw him at first, but did not pick him out then, as I was looking for the man that was at the back of me whose face I had not seen. I am short-sighted. I have broken my glasses and cannot see from here the marks prisoner has got that I noticed. I gave a description of him at the station upon which he was arrested, and the inspector told me I had given a very good description. I picked a dark man out for the man that was at my back. That was a man the police had brought in from the street.
Cross-examined. I had four or five drinks during the evening. I had been to Euston Road. I had a drop of hollands in the public-house in High Street and left there at closing time. I was too late for the Euston Music Hall. I left Euston Road for Aldgate about 12. The lavatory has a big gas lamp, a bright light. I can read the smallest print without glasses.
Police-constable WALTER FOLEY, 380 H. At 1 a.m. on March 29 I was in company with Police-constable Partridge conducting a prisoner to Leman Street Police Station. I saw prisoner under the railway arch facing the urinal. I had reasons to notice him. I was in the station when prosecutor came in. He complained to the inspector of being assaulted and robbed, and gave a description of two men to the detective-sergeant in charge of the case. Prosecutor did not give me any description. When put up for identification I picked this prisoner out as the man I had seen under the archway. I had previously known him.
Cross-examined. I did not identify prisoner because I had seen him standing at the archway. I knew him as being about the district. I was to the right of the prisoner we were conveying to the station, and prisoner was at the right of me. I could have touched him. Prosecutor came to the station about a quarter of an hour after we passed prisoner.
Police-constable EDWARD PARTRIDGE, 450 H. I was with last witness. The clock was striking one as we passed the urinal. My attention was attracted to the prisoner; I had seen him there two or three nights before. As we passed prisoner he pulled his cap over his eyes so that we should not identify him. Prosecutor came to the station shortly after we got there. He was bleeding from the head. There are two big lights inside the lavatory, gas lamps.
Cross-examined. I said nothing before the magistrate about prisoner pulling his cap over his eyes. I do not know that this man has been lodging at the Sailors' Home, Wells Street. I have not made inquiries as to that.
Detective-sergeant BENJAMIN MEASON, H Division. I arrested prisoner on April 4 from a description given to me by the two officers and prosecutor. I told him he would be placed with others for identification. He said, "All right, prove it."
Cross-examined. I was not at the station when prosecutor came in. I was present at the idetification. I could give the descriptions given me, which were very good descriptions indeed, especially by prosecutor, at whose house I called the following morning. I arrested prisoner five days later.
Police-constable EDWARD PARTRIDGEE, recalled. Another man was originally charged with this prisoner, and at the suggestion of the magistrate I withdrew the charge against that man on account of the state of his health.
Dr. THOMAS JONES, divisional surgeon, H Division. I saw prosecutor on this night. He had three wounds on the left side of the fore-head extending to the bone. They must have been caused by a blunt instrument.
Detective-sergeant MEASON, recalled. I made inquiries at the Sailors' Home. He was there on the morning of this day, but not at the time he said he was. He said he was there at quarter to one, but he did not arrive there till three.
The defence called no evidence.
Sentence, 18 months' hard labour.
Mr. O'Hagan prosecuted; Mr. Fox-Davies defended.
CHAS. T. PERFECT , manager, lighterage department, Associated Port-land Cement manufacturers. Mr. Coppen is employed by our association as foreman lighterman at Haulage Wharf, Greenwich. He engages his men and sends us a weekly sheet of the moneys to be paid to them. He is allowed to pay others for certain work done and charge for it on another lighterman's time-sheet. Prisoner was employed by him. I received a letter from prisoner alleging complaints about Coppen, and asking to see me. I sent a message to say I could not see him. It is not the practice to see the men; if they have anything to bring before me it must be brought through the firm. He came up again, and I sent a message to say he must put his complaint in writing. There has been no charge brought against Coppen except this. Prisoner then wrote this letter, stating that Coppen had charged over-time on prisoner's account on various dates which he had not been paid. This letter was handed to Coppen. The charges were gone into, and the specific charges which prisoner made were all proved to be false by the time-sheets.
Cross-examined. The lighterman's charges are statutory charges which they are entitled to make under an award. The practice of tipping dock men to do certain work is not adopted in order to get out or the lightermen's charges.
WALTER COPPEN , foreman lighterman, Associated Portland Cement Company. The first step which was the cause of Webb leaving the company's service was charging up for work that he did not do. I cautioned him about that but did not discharge him. He was having a drinking bout, and instead of coming to the office for orders at the proper time on a Saturday, he did not come till Monday morning. I told him he would stand off for several days. On the Tuesday he came and demanded the wages due to him. He got his wages and insulted me. One Sunday evening, some time afterwards, he asked me for a job; I would not give it to him. (Letters and time-sheets identified as being in prisoner's writing.) The charges in the letter are absolutely untrue.
Cross-examined. On two occasions Webb signed for money that was not paid to him. I have had one or two of the men over at my
house doing odd jobs. They have a lot of spare time, and it is optional. Although the information says "I had occasion to discharge him" (Webb), that is a mistake by someone; he discharged himself.
GEORGE HAMILTON , Chapel House, St. Thomas's Square, Hackney. I investigated this charge on behalf of the Associated Portland Cement Company. Prisoner admitted writing the letter. He said he had a notebook containing notes of the charges. When he produced it I asked if the notes were made at the time the occurrences took place. At first he said the notes were made at those times. Afterwards, when I pressed him, he said, "No, those were made quite recently, but were copied from his lighterman's daybook," and he has destroyed the other. When I pointed out that the charge sheets did not bear out what he said, he persisted that the charges in his letter were true and that there must be some mistake on the part of someone.
Mrs. SAVALL, 22, Greenfield Street, Greenwich. Prisoner asked me to read this letter in the "Mitre." When I began to read it he said he could get Mr. Coppen two years if he liked.
Cross-examined. He had had some beer. He tapped me on the shoulder and asked me to read the letter. He did not take it away before I had a chance to read it. I did not finish it. His wife called him out and I gave it back. Mr. Coppen is my uncle.
GEORGE WEBB (prisoner, on oath). I admit I wrote the letter, believing the matter to be true. I have not had all my earnings. I had to hand some back to Coppen after I signed for it. I being in the office with Coppen, he said to me, "What time did you get done the other night?" I said, "Something after eight." He said, "Shove it down in your sheet; it will come in handy; we want a new rug; I cannot put it down on the sheet." I had to sign the sheet and give Coppen back the money charged for the overtime. He would not let me go out of the office with the society men, but used to keep me away from them. Mrs. Savall asked me in the "Mitre" if I had started work; I said, "No." She said, "Why don't you see Coppen." I said I had but could not get a satisfactory answer. I said, "If I cannot get a satisfactory answer I shall take this up to Mr. Perfect," and drank up my beer and went out to my wife. Mrs. Savall never had that letter. I did not say a word about getting Coppen two years.
Cross-examined. Mrs. Savall never read that letter or took it from my hand. When I went to see Coppen on the Tuesday he told me to clear out of it. I did not want my money at all. It was for not showing up on Saturday afternoon. I asked Coppen for work on that Sunday. There was another man put on. I could not see why I should not be taken back. I was annoyed about it.
Verdict, the jury found that prisoner made the statements believing them to be true, but with malicious intent. On both sides claiming the verdict, Judge Rentoul decided that it was a verdict of guilty.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, June 10.)
CHARLOTTE FAKE . Prisoner is my husband; we have five children; we lived at 153, Darwin Road, South Ealing. On May 2 I went to the police court and took out a summons against prisoner for assault. I was afraid to sleep in the house after that, so I only went there in the daytime to look after the children. On May 7, while I was there, prisoner came into the kitchen; he said, "Why did you summons me?" I said, "I must defend myself"; he said, "I have come to do you in and your sister afterwards." I said, "Don't be silly, don't do it." He had a knife in his hand; he made a dash at me and we both fell to the floor; he stabbed me four times. I was taken to the hospital and kept there ten days.
Cross-examined. We have been married 14 years. Prisoner was in the Army. He went out to India and came back on furlough to fetch me and the children; he altered his mind and, instead of going back there, he left the Army. I deny that it was on my account that he did this; I was quite ready to go to India with him. We did not live happily together; he was a good father to the children, but he used to ill-use me; he would come home boozed about every other week and give me a black eye now and then.
JOHN MARTLOVE , house surgeon at West London Hospital, said that on prosecutrix being brought to the hospital she was suffering from four stab wounds, two of which had pentrated the lung substance and might have given rise to complications resulting in death. Some force must have been exerted to inflict the wounds with the knife produced. Prosecutrix has now quite recovered.
Inspector ALEXANDER SCHOFIELD. On my arresting prisoner and telling him the charge he gave me from his jacket pocket the knife produced, which was bloodstained, and said, "All right; you don't know what I have had to put up with."
THOMAS FAKE (prisoner, on oath) told a long story of trouble between himself, his wife, her sister, and her father. The wife had got into drinking habits and on one occasion when she came home drunk he lost his temper and smacked her face; this was the assault for which she
had summoned him, and he had a month's imprisonment. She then applied for a separation order, which the magistrate refused to grant. As to this assault, he had been walking about looking for work, with hardly anything to eat, and he remembered absolutely nothing of the occasion. He had no idea of injuring his wife. He did not deny the assault, but he had no recollection of it whatever.
Verdict, Guilty of wounding with intent to do grievous bodily harm, under great provocation.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 8.)
SAXEBY, William Charles Hart (43, clerk) . Unlawfully printing and publishing, and causing and procuring to be printed and published, a certain defamatory libel in the form of a printed pamphlet of and concerning Demetrius John Delyannis. Prisoner pleaded not guilty and put in a special plea of justification.
Mr. Travers Humphreys, Mr. H. W. Roome, and Mr. Mercer prosecuted; Mr. Valetta and Mr. Wing defended.
The pamphlet on which the prosecution was founded was entitled "The Story of Demetrius John Delyannis, alias D. J. de Lyann, alias 'The Cosmopolitan Financier.' The Vulture of the West"; and denounced prosecutor as a rogue and swindler, a bucket-shop keeper, etc.
The case for the prosecution consisted in formal evidence of publication.
(Evidence of Justification.)
WILLIAM CHARLES SAXEBY (prisoner, on oath). I have been practising for 22 years as a journalist here and in South Africa. On September 6 I entered into Delyannis' employ as sub-editor of the "Cosmopolitan Financier" (of which he was editor), owned by Cosmopolitan Publications, Limited. I received three guineas a week. The editorial business, so far as he was concerned, was carried on at Cable House, 54, New Broad Street, at which address the business with which he was connected of the Atlas Banking Corporation, Limited, and the Reorganisation and Control Syndicate, Limited, were carried on in the same suite of offices. The name "Cosmopolitan Publications, Limited," did not appear, the editorial work being conducted in the board room of the Atlas Banking Corporation. I had nothing to do with those two businesses except to go into the offices when I wanted to see Delyannis. The Cosmopolitan Investment Bureau had a room at Prince's Chambers which communicated with the office of Cosmopolitan Publications Limited but it was unoccupied; messages coming there used to be telephoned to Delyannis at New Broad Street. Its business, with which I had nothing to do, was principally to sell
options. People used to come in and ask either for their shares or the return of their money, and the publishing clerk used to say that the editor was not in at the moment, but that he would deliver the message. Sometimes the people would say, "We have been here three or four times and this is the same answer. Let us see this man who has had our money." The sheriff's officer came there fairly regularly; he used to sit at the end of my table; between the sheriff's officers and the officers serving writs and petitions to wind up the company I should say one came every week. A week before I joined Delyannis was attempting at Cable House to write an article on the option system, and he asked me to finish it for him, which I did. It appeared in the September 4 issue (Exhibit 7) under the heading "Straight Talks to my Readers." I wrote an article on a similar subject for the next issue. Delyannis added to the proof a recommendation to buy options on, Barranca Mines and Ashanti and Gold Coast United Shares. In December a letter was handed to me from a subscriber to the editor containing an inquiry; I answered all inquiries. It is now filed away with the Cosmopolitan papers. (Mr. Valetta called for the letter. Mr. Travers Humphreys objected to its admission, as no notice to produce it had been given. Objection upheld.) In consequence of this letter I had a conversation "with the secretary of the Cosmopolitan Publications Company, Riches, and we looked through the books. Ashanti Gold Coast shares stood then at 31s. 6d.—32s. 6d. Shortly after this I heard Delyannis say to Riches, "I have seen Mr. Grimwade, and he will not let me have the shares." The system of buying options was that clients would send the money with which to buy the options, and if the shares appreciated in value the options would be claimed, and then Delyannis, who had not bought the options, would try and get them; if he failed to get them the client would be asked to renew for another three months. On October 9 I wrote an article for the "Cosmopolitan Financier," recommending the public to buy Henriquez Estates, and submitted it to Delyannis, who said, "That's no good; it's one of Newberry's companies; he let me down over Nile Valleys, and now you must say these shares are of no value," and be altered the phraseology of the article so as to make it appear that the public ought to sell. In the issue of October 23, under the page headed, "Letters from Cosmopolitan Readers," appears an inquiry as to Arizona Consolidated Company's shares (one of the companies controlled by Newberry), signed by a Mr. "White Hill," and in different type there is the reply that so far as the Editor knew the shares were of no value, but he would make inquiries and communicate with him again. "White Hill" was Pappa, a great friend of Delyannis, and the inquiry and reply were dictated by him to me in Delyannis's room. In the same issue there appears an inquiry from "Enquirer" as to Nile Valley, Randfontein Extensions, and Mayblossom shares, and the reply was, "The gentleman who directs the policy of all the companies mentioned is a Mr. Frank Newberry. Although I do not know much about him, I do not think he is likely to be associated with so discreditable & proceeding
as an attempt to rig the market. I will, however, make inquiries during the course of next week, and if I find anything to warrant your suspicions I will refer to the subject in my 'Straight Talks' next week. You may depend on my exposing any underhand work if I find any taking place.—Editor." The inquiry and the reply were the joint production of Delyannis and Pappa, and it was dictated to me on this same occasion within a few days of that issue. I was told not to refer to Newberry's companies or to Newberry again until I received instructions. On November 20 I wrote an article on Delyannis's instructions, saying that the position of the Henriquez Estates Company was much better than the reports would lead one to suppose. (Exhibit 11.) Also on his instructions I wrote a long article explaining the winding-up of Atlas Banking Corporation, stating that it had no connection with Cosmopolitan Publications, Limtied, or the "Cosmopolitan Financier," which appeared in the issue of October 16 (Exhibit 12). In the issue of October 23 (Exhibit 13), on his instructions, I wrote an article headed "Russian Estates and Mines, Limited: Some Questions for Mr. Walter Crotch to Answer"; it was an article attacking Gotch and Farrow's Bank, and saying they were rigging the market. On October 19 Delyannis sent for me to his office, and introduced me to a Dr. Pooptis, a Greek, and a Mr. Barutch, a Russian. On Friday, October 22, I was in the office of the Reorganisation and Control Syndicate, at 54, New Broad Street, when. Delyannis came from the inner room, spoke to Riches, and went back again. Dr. Pooptis then came to the office and gave Riches some loose money. After a little whispered conversation Riches went in to Delyannis with the money, and came back with the gold still in his hand and spoke to Dr. Pooptis, who went away. I did not see him take the gold with him. He then came back again, and after another whispered conversation and more jingling of money Riches went in again to Delyannis. On his return Dr. Pooptis went away. Delyannis never left the inner room when I was there. Towards the end of October he told me to write an article about the Anglo-American Cold Storage Company, which Count Ward was promoting, without committing ourselves either way. The following week, on his instructions, I tried to get an advertisement from Count Ward for the prospectus of the company, but failed. I told Delyannis this, and the next time Count Ward rang up, Delyannis told me to tell him that he was up West, adding, "I bet he is in a fine funk." He rang up again, and Delyannis made an appointment with him. He came round and saw Delyannis in his own room. After he had gone Delyannis said to Riches and myself, "I've got 100 shares." We subsequently got a blank transfer for 40 Preference and 60 Ordinary shares, and I transferred them from Count Ward's name to his name. I subsequently transferred 30 of them to B. Pede. He said, "We have got the advertisement; now write it up, and in the issue of October 30 (Exhibit 14) I wrote a very favourable article about the company. In the advertisement, which takes a whole sheet, Count Ward is spoken of as the vendor. In the issue of November 16 (Exhibit 15), on Delyannis's instructions, I wrote two favourable notices with reference to Barrancas and Hudson's
Consols. In the November 20 issue (Exhibit 16) I was told to insert a column of the Barranca directors' yearly report to be presented at the next meeting, and on November 27 I inserted a full page report of the actual meeting of that company. Delyannis said I was to put them in as he would succeed in getting them paid for. He subsequently told me to make out an invoice charging £10 for the one column of directors' report and £20 for the page report of the meeting deducting a special discount of £10, and to send it round to Hudson's Consolidated, by which the Barranca Company was controlled, which I did. They refused to pay until they saw the written order. They have never paid for it. There was a circular being sent out by the Huinac Company, over which Hudson's Consolidated had an option, asking for money, and Delyannis said, "If Hudson's are not going to do anything for us I go for them"; and we brought out an article in the issue of December 18 (Exhibit 17) entitled "Huinac Directors' Mendacity," attacking them.
(Friday, June 10.)
W. C. H. SAXEBY, recalled. In the issue of January 15 (Exhibit 18) under "Straight Talks to my Headers," entitled "Huinac Copper," is an article which I did not write condemning their directors and those of Hudson's Consolidated for the circular letter that was issued. In the January 22 issue (Exhibit 19), in answer to "Gunner, Portsmouth," it is stated that there was no justification for Ashanti Gold Coast Shares (one of the Hudson's Consolidated Companies) standing at their then price. There was no such letter of inquiry, and Pappa supplied the answer. In the issues of February 20 and February 26 (Exhibits 21 and 22) there are further attacks on the Hudson's Consolidated Companies. On November 11 I attended a statutory meeting of the Reorganisation and Control Syndicate, at 54, New Broad Street, and made a report which appeared in the issue of November 13 (Exhibit 22) as altered by Delyannis. Whereas in the discussion that followed I put in the names of the real speakers he altered them; "Mr. Adams" was Pappa, "Mr. Kelly" was Mr. Neilly, his solicitor, "Dr. Lewis," was Dr. Lehwess (it was his debentures for which he had no use that the company was formed to acquire), and "Mr. Pepps" was Pappa under another name. Some of the speeches he cut up and put into several persons' mouths. It" is not a, fair report of the proceedings at all; it was written up to give the view of Delyannis instead of the view that was expressed at the meeting; the continued loss of the running of the 'busses of the Electrobus Company, Limited (one of the companies this company had acquired) was not allowed to be shown. I attended the meeting of the Cosmopolitan Publications, Limited, on December 31, and drew up a report which, as altered by Delyannis, appeared in the issue of January 1 (Exhibit 23). Independently of Delyannis's friends, Mrs. Greening was the only shareholder present. There were other-people present. I can tell you all their names. As to the concluding part of that report there was no such persons as "Mr. Laxon" or "Mr.
Hart" present, and "Mr. Adams" was Pappa's company name; no such questions were ever asked as to the Cosmopolitan Investment Bureau, and no such answers were given by the chairman. Not one of the things there mentioned took place except the re-appointment of directors. Delyannis told me to insert this notice in different issues, "Subscribers who have been dealing with members of the London Stock Exchange on our recommendation will benefit by communicating with us,' and people would write stating what brokers they had dealt with, and we applied to those brokers for our half commission. The Cosmopolitan Publications, Limited, and Delyannis banked with the Mines and Banking Corporation, and the Reorganisation and Control Syndicate with the British Linen Bank. I left their employ on January 22. I wrote a letter to him on January 4. (Mr. Wing called For the letter, but it was not produced). The first trouble arose in the middle of December, when King, who had been the manager of the Atlas Bank, said I was to insert a favourable notice concerning South-East Africa properties, which I knew from my own knowledge should not be advised, and I said to Delyannis that I thought it was not fair, but he said it was no business of mine. On the evening of December 31 Delyannis instructed me to offer options on cotton, having previously written up cotton, and I said then that it was not fair as cotton was at breaking point. Cotton broke the next week. He gave me a pamphlet called the "Mining Investor" (Exhibit 24), and told me that we could use it. I put a few words of introduction to it, and inserted it. A week after, while looking through the letter-book, I saw a letter written by him to a Mr. Wheatley that "that man Saxeby inserted it into the paper as his own copy." I told him that I though't it was wretchedly unfair to me, and that he ought to take the responsibility of it, but he tried to throw it on my shoulders. From then there were always disagreements, and on January 14 I had a registered letter terminating my engagement. In consequence of that letter I brought an action against Cosmopolitan Publications, Limited, in the Mayor's Court, but that company has gone into liquidation.
Cross-examined. Unfortunately I cannot find the letter. I have been a digger in the goldfields and a prospector. I have held a subcontract for part of a railway in Manicaland in Portuguese East Africa. Whilst I was a sub-editor of a paper in Kimberley I also owned an hotel which my wife managed. I was first on the "Johannesburg Star" in 1889 for 12 months as a reporter, at £18 a month, and then, to better myself, I went to Natal as first reporter on the "Natal Mercury," under Sir John Robinson. I lost all my South African references in the war, but I can produce some excellent ones in England. I was in Africa from August, 1888, to May, 1902. In 1892 I was sub-editor of the "Kimberley Independent," under Reginald Stathan. When I arrived home I was on a paper called "South Africa" for 14 months. I fought for 29 months at the front; I came down from Rhodesia with Colonel Plummer. I had been away for 14 years, and I wanted to come home; I had had enough fighting. I was charged in 1892 with stealing a bicycle which had
been given to me by a dealer in consideration of my having induced the champion of South Africa to ride one of the machines he was exploiting; the Public Prosecutor sent back the papers, and I was discharged. When I was on "South Africa" I took too much to drink once, and I was discharged, but I had a good reference as a journalist. I have never been unemployed whilst in England, but for three months I was not attached to any paper. I was not employed by Delyannis before September. On the previous July I wrote at the request of Delyannis the money article for that week as a specimen of what I could do. I deny I was taken on from then at three guineas a week. I wrote another article the following week, and then Delyannis promised me a definite letter of engagement at five guineas a week as sub-editor. I did a certain amount of work, but as I could not get my letter I did no more. I was eventually paid for the work I had done. In August I suggested to Delyannis I should write an article called "Two Years' Successes: A Review of the Movements of various Securities which we have Recommended for Speculation," and he gave me the order to write it. I did not absent myself for 10 days and go on a drinking bout, and I did not go back to Delyannis and say I was sorry, and that I had almost had delirium tremens. Not being able to get the money for the articles I had written I had to sell my home up where I had lived three and a half years. I attended the office 20 times to try and get my five guineas. I eventually got it in small amounts. After having written the article "Two Years' Successes." I did not ask Riches to intercede with Delyannis to take me back again. In September Delyannis suggested I should join the staff permanently, and I said I would if he would give me a proper engagement letter. He said he would like me to take the pledge. He saw me coming out of a bar in London Wall, and I do not think he likes anyone going into a bar as he does not drink himself. It was a matter of indifference to me. I see I say in my letter to him of August 24 (Exhibit 26) that I would again take up the editorial work, but that does not mean I had been permanently employed before. I see I also say that I should be prepared to comply with "those conditions." I cannot tell what they were; one may have been to abstain from drinking. It goes on, "I would suggest that the first month be a sort of trial during which I hope to regain your confidence"; they did not know what work I could., do inside; I had only been working outside. I do not know how I had forfeited their confidence except that I went away when I found I could not get my letter; it was not drink. He did not refuse to take me until I signed the pledge. I did sign it in September, and kept it till December 26. I wrote the libel myself. He used to boast about his having put himself outside the pale. I heard it from people he told it to; he did not tell me himself. Hawton and King told me about it. I should say he is 45 years old, and 22 years ago would be 1887. I did not know he was at school then; and that he was vice-consul in 1891, and that he fought in the Greek Army in the Greco-Turkish war in 1897. I only know what people repeated about him. If I said it was 23 years that he
fled his country and it was only 13 years ago I do not see that that makes a great deal of difference. I was not in a position to refuse to write articles; I do not say that I would have written anything whatever its nature may have been. Wood, one of the clerks, would be with me at Prince's Chambers some part of the time. Riches, who was at New Broad Street, would come about twice a week to take what money there was from the sale of the paper. I cannot give you the name of anyone who came in and asked for shares or the money back. It would surprise me very much if Wood says he did not see these people call. The shares they asked for would be those obtained through the Cosmopolitan Investment Bureau, which was one and the same thing as the "Cosmopolitan Financier." Delyannis was the investment manager—he was everything, none could move without him. Hawton was the manager of the Manchester branch. I have seen letters that Delyannis has written to people who had complained of their not having received their shares, showing that he took an active part in the business. All the London business was not left to King, who was the manager of the Atlas Bank. As soon as the bank was wound up in October he took an office in Queen Victoria Street. Hawton used to send the money from clients received in Manchester to the Investment Bureau's bankers, the Atlas Bank, and when it could not meet its liabilities to the Bureau the Bureau failed. Hawton came to London to see if there was any way he could get the shares for which he had received the money. The issue of September 26, 1908, says that the "Cosmopolitan Financier" is going to open an Investment Bureau in Manchester and other places with a view to providing information and advice on investment securities. People would send money for shares to be bought for them and they never got the shares. I know that Delyannis sent out a circular to all the readers asking them to buy shares in a new concern that was going to buy the goodwill of the Cosmopolitan Investment Bureau, which had now broken up. He was not one of the directors. Hawton, who was the manager of the new concern, refused to let Delyannis manage, and they quarrelled; the quarrel was not because Hawton would not pay the creditors of the old bureau out of the purchase money. Delyannis thereupon circularised the shareholders running down the men who were directors of the new company. The "Cosmopolitan Financier" always advised the option system; no notice appeared while I was there that they neither encouraged nor discouraged options. I used to give £50 and £25 selections, and Delyannis, saying that we might as well get the little fish as well as the big ones, told me to give £5 and £10 selections as well. It was not carried on by the Cosmo-politan Investment Bureau, Limited. I see the prospectus of that company (Exhibit 27) is dated September 16, but it was a long while after that was issued before they got the share money. There was a second prospectus after that. Hawton, Allen, and Colonel Thomas were the directors of this new company. Hawton or Allen, as directors, used to supply me with the lists of the lots for sale every Thursday. Delyannis used to sit in the same board room. I saw this circular letter of December 1 (Exhibit 29) sent
cut by Delyannis. What it says is nothing to do with me. The "Mr. Hart" mentioned in the report of the meeting of December 31 is probably my middle name; there was no such person present. The speech from the chairman was written in the morning at Delyannis's office. That was typewritten, and I was given two copies, one of which I gave to the printer before the meeting to set up, one to the clerk to check the speech, and Delyannis read from his typed copy. When he found there were no shareholders to listen to it except Mrs. Greening he considerably reduced it. I have the copy from which he spoke showing his markings out. There was no discussion whatever after the meeting, but they gathered together after Mrs. Greening had gone, and Delyannis said, "We must have some sort of discussion. We must have a knock at Hawton," who with Colonel Thomas had been refused admission to the meeting. Although the questions and answers were not dictated to me, between Delyannis, Pappa, O'Neill, and Lehwess the general lines on which the discussion was to be reported were given to me and I was told to write it up. I composed it, and with the altered speech I took it to the printers. I wrote in speeches that I knew were never made. The original report that I referred to in my examination-in-chief as having been altered was Delyannis's speech preceded by the usual heading. I was anticipating what would occur and put in the formal matter. I made notes of what they wanted me to put in in my note book. I have not that here. It will be found that the copy I wrote is very different to the stuff that actually appeared in the paper; Delyannis came down at 8 p.m. that night to the printers and he altered in ink the proofs of the discussion that I had written up, saying that it was not strong enough against Hawton. He practically pulled the paper to pieces, and it did not get on to the machine until 1.30 or 2 a.m. owing to the alterations that had to be made. (Mr. Valetta called for these altered proofs.) This is the first portion with the chairman's speech attached, which I gave to the printer before I went to the meeting (Exhibit 29), and this is the concluding portion of the meeting as written by me when I returned to the printer's. According to this marked copy, except for the name of "Adams" being substituted for Pappa in my writing, I see no alterations here. I was under the impression that Delyannis made the alterations in this portion, but it appears I am mistaken. I should like to see the body of the report; if the alterations were not made in the discussion they were made in the speech. I am prepared to swear he came to the printer's at 8 p.m. and he remained till 9 p.m., and if the proofs that were passed that night at the meeting are produced I can show his writing on them. I had the 16 pages made up in news-paper form when Delyannis came down, and he pulled the paper to pieces. The workmen told me afterwards they were there till 1.30 a.m. making the alterations. It can be proved by the minutes of the meeting that the report is not a true one. Laxon will not be found as being present. He is the professional billiard champion of Johannesburg, and I knew as a fact when I put him in that he was not present. I knew hardly any of the people who attended the meeting of November 11 of the Reorganisation and Control Syndicate
Delyannis altered the name of "Pappa" to "Adams" in red ink on my original manuscript, but I am not prepared to say what other alterations were made without seeing that. I never altered the names in consequence of being "fuddled." I was a strict teetotaller at this time. None of the 40 shareholders present, as far as I know, complained that the report was an incorrect one, but I did not see the correspondence. It may be substantially correct except for the names. I remember now Mr. Scott Ellis, a share-holder, complained that a question he had asked Delyannis, whether he was the same man as "De Lyann," through whom he had bought Atlas Bank shares, was not put in. I remember the question being asked. It was I who wrote the altered article on the Henriquez Estates as it appeared, and not Raymond Radcliffe, who is a very well-known writer on financial matters. Delyannis often asked me to take extracts out of other papers. This is a printed pamphlet which he has altered a little and called original (Exhibit 30). I was very hard-worked, and sometimes in order to fill an odd space at the last minute I had to put extracts in. We had no first-hand information from the foreign bourses and we had to take the reports from other papers; 95 per cent, of the investment articles were original. If I knew the date on which this article on the speculative market was taken from another newspaper I could give you the reason for its being taken. These articles shown me taken from newspapers were probably put aside as a stand-by and not published at all. If my manuscript covering the time that I was there were produced it would be found very little has been taken from other papers. I did not write the "White Hill" letter and reply in the issue of October 23 on my own responsibility; it was no interest to me to run down Newberry. My suggestion is that he tried to get money out of Newberry. As regards the article in November 20 issue Delyannis brought it to me himself on a typewritten slip that had been sent out from Newberry's office (Exhibit 36), and said to me, "Write on these lines this week."
BESSIE FLORENCE STUMBLES . I was employed as a typewriter and in generally managing the business by Delyannis from May, 1907, to September, 1908, first at Austin Friars and then at Cable House, New Broad Street. I was employed in doing work for the Atlas Finance Corporation, which was afterwards changed to "Atlas Banking Corporation." I remember the Madame Catanomany advertisement appearing in the "Cosmopolitan Financier" of August, 1907. Inquiries used to come in to 312, Regent Street, and an office boy was sent from Cable House to fetch them. I used to copy these replies. Delyannis addressed envelopes in Greek, and I enclosed the copies I had made in them. They were sent to Athens. When they came back the replies were in Greek, and Delyannis dictated the translation of them to me, and I posted the answers to the inquirers. I believe there was a cheque sent on one occasion to Greece. There was another man who on occasions wrote out English translations and gave me them to copy. All this was done at the offices of the Atlas Finance Corporation.
Cross-examined. I cannot remember whether at the beginning there was no charge for inquiries. There were not very many replies. I should think not more than a dozen contained sixpenny postal orders. Borne of the inquiries came without money. There was some money sent other than sixpenny postal orders, but I cannot remember how much. I did not keep an account of what money I spent for stamps and envelopes. The money that came in was paid in to the "Cosmopolitan Financier" account at the bank.
(Saturday, June 11.)
WM. CHAS. HART SAXEBY . (Recalled. Further cross-examined.) I wrote the article attacking Russian Estates and Mines on October 20 from materials supplied by Dr. Pooptis and Burrough at prosecutor's request. If untrue it was a very libellous article. I was told by prosecutor to make it as strong as I possibly could. Walter Crotch was attacked, and he brought an action for libel against Delyannis and the Cosmopolitan Publications, Limited. Justification was pleaded. Hillyar prosecuted Delyannis for malicious libel; he apologised at the Guildhall and both actions were dropped. I did not tell Harris, the printer, that he need have no fear of publishing the present pamphlet because there was plenty of money from others behind me. I have Lad 5,000 printed, of which I have sent 1,500 into the country by post and sold 1,250 to five people. My address on the pamphlet is Carlton Chambers, which is another entrance to 118, London Wall, the address of the Prudential Register, Limited, of which Hawton is managing director.
Re-examined. The article I wrote on October 20 was submitted to prosecutor; he paid me £1 1s. for it; he said there was more wanted to go into it, and he proceeded to add to it.
SARAH GREENING , 179, Sumett Road, Peckham Rye, widow. I was a shareholder in Cosmopolitan Publications, Limited, and paid three years' subscriptions to the "Cosmopolitan Financier" newspaper. I received circular of March 1, 1908, stating that funds deposited in the Atlas Bank were guaranteed by Government and Corporation stock held by the company. In May, 1908, I deposited £200 at 7 per cent, and received £1 3s. 4d. a month interest during a year, at the end of which I wrote to the editor of the "Financier" and saw Delyannis (prosecutor), who advised me to continue my deposit. I had no idea that the "Financier" was connected with the Atlas Bank. On January 13,1910, I asked Delyannis to sell my shares; he said he could not do so then. The bank has since been wound up, and I have received none of my £200 back.
(Monday, June 13.)
AUGUSTUS WILLIE HAWTON , managing director, Prudential Registry, Limited, 118, London Wall. In the summer of 1908 I was doing business as a dealer in stocks and shares on my own account in Manchester when I came into touch with King, with the result that I accepted an appointment
as manager of the Manchester office of Cosmopolitan Publications, Limited, at 3, John Dalton Street. I began about September 12, 1908. The business carried on was the sale and purchase of stocks and shares and also "pushing" the "Cosmopolitan Financier." The shares were all for investment, that is to say, they were all taken up. The shares advised were those likely to rise in value. When I received an order from a client I generally wired it to the Atlas Banking Company in. London. I first saw Delyannis about the end of November, 1908. Sometimes the money would come to me with the order, and this money was all remitted to London, the letters being generally addressed to "B. R. King, Atlas Banking Corporation." The first moneys I received I paid to King personally in Manchester, and then he told me not to address any more letters to the Cosmopolitan Publications Company's registered address at Princes Chambers, as it was only a small publishing office, but to him at New Broad Street, where all the business was done. These are the cheques (Exhibit 42) which I sent to the Atlas Banking Corporation drawn on my account. Two of the terms of the agreement under which I was engaged were that I should provide a nucleus of £25 for a banking account in my own name in Manchester, and that I should take 100 £1 shares in Cosmopolitan Publications, Limited. This is the agreement dated September 12, 1908, signed "Bertram R. King" (Exhibit 43). I was to receive 35 per cent. Of the net profits, 7s. 6d. for each annual subscription secured for the "Cosmopolitan Financier," 25 per cent. commission on all advertisements procured, £2 a week being guaranteed, this latter to be increased to £3 on my taking up the stock. In December, 1909, I went to the Waldorf Hotel, London, to attend a meeting of the shareholders of the Cosmopolitan Publications, Limited, but I was told I was not a shareholder and was refused admittance. I had never transferred my shares, and I contend that I was. Eventually a branch office called a "Bureau" was opened in Liverpool in March, I think, of 1909. A Mr. Southwood and I went to see Delyannis and King in London with a view to Southwood taking the managership of the Liverpool branch. Delyannis suggested to him that he should invest £300, but this he refused to do. They lost some good clients at the beginning of the business because the transfers for which I had sent the money from Manchester were from four to six weeks late in coming forward. Afterwards things improved a little, until towards the end of May, 1909, they did not come at all, with the result that at the end of June transfers to the amount of £1,600 were due to clients. In June a Mr. Wyatt ordered 50 Biograph Theatre, Limited, shares and 50 Tominil shares, and on July 27 he paid £92 12s. 6d. for the two lots. On June 28 Miss Anne Tannar ordered 10 Rhodesian Copper shares, paying on July 24 £5 8s. 6d., and on September 27 10 Lyell Comstock shares, paying £2 2s. 3d. A Mr. Herbert Taylor paid in August £5 2s. 3d. for 25 Ashanti Quartzite shares. I received on June 9 from Liverpool (all money from there being transmitted to London through me) £139 15s. 2d. from a Mr. Henry Brown for certain shares. I forwarded all these orders with the money on to London. In some cases I used to send banknotes; where
the amount was large I sometimes sent the original cheque; and when I received small sums in cash I paid them into my account and sent my own cheque. I have received no transfers for the money I sent from the clients I have named. On June 30 of that year King telephoned me from London saying, "We have been caught in the Kaffir slump—Villa Deeps. I want you, if you possibly can, to let us have £500. Our difficulties are only temporary, and we shall be able to let you have the money back in two or three weeks," I told him it was not convenient to me to send £500. He pressed me very hard to let him have as much as I could, and said, "Get all the money you can from your clients and send us a cheque. I will see that it does not come into your bank for two or three days, so that you will have time to cover the cheque if you have not sufficient balance in your bank now." I sent this cheque for £400, made payable to the Atlas Banking Corporation, on that distinct understanding. The following morning my bank manager told me that telegraphic clearance had been made on the cheque, and I rang up King and asked him for an explanation, and he said they had not paid it into their own account, but they had paid it to Dupre and Company, the manager of whom, in Dupre's absence, had cleared it. On August 12 I went to London and King, who met me, said, "We are in difficulties, but I think £2,000 would put us straight. If you can raise this sum I will suggest to M. Delyannis that we get another manager for the Manchester office and that you should come to London and be joint manager with me." I went next morning to New Broad Street, where I saw Delyannis, King, and Pappa. Delyannis asked King to leave the room, and then he said to me, "King is a very good chap, but he is no manager. If you can find sufficient money to clear our temporary difficulties, I will give you the sole management of the business." He said £2,000 to £3,000 would be required. No determination was come to then, and I went back to Manchester. I afterwards came to London and made inquiries of Fletcher, the cashier and secretary of the company, and Miss Flint, the confidential clerk. I never accepted the proposal. Art order was made for the winding up of the Atlas Bank on October 13, and shortly after Delyannis proposed to issue Debentures of the Cosmopolitan Publications to the amount of £10,000 or £20,000. I forget which. He circularised the shareholders of that company and the subscribers of the "Cosmopolitan Financier" and put an advertisement in that paper offering Debentures for sale; he said he thought there would be no difficulty in placing £5,000 or £6,000 worth. One of the objects was to persuade the clients to take them instead of the shares for which they had paid. The Debenture issue was made, and "Cosmopolitan Investments Bureau, Limited," was formed. Cosmopolitan Publications, Limited, were the vendors, and Allen and I were nominated by Delyannis as two of the directors. This cheque for £366, dated October 19, 1909, made payable to Delyannis (Exhibit 44) was drawn by Allen and myself as directors, and given to him for his private purposes, on the promise that he would repay it in a day or two. We got £100 back a few days after, and we have taken the office furniture, of which this is an inventory, dated
November 4 (Exhibit 45) as part payment of the balance. He charged us 12 guineas for three weeks' accommodation at his offices, which we disputed; we simply went in there and did his work, as well as our own. About the end of October he told me (that Hudson's Consolidated had refused to pay for the Barranca Mine report, and that he would go for them, and about a fortnight after I saw an article or comment in the "Cosmoplitan Financier" upon some company that Hudson's were running. Shortly after Cosmoplitan Investments Bureau, Limited had been started there was a breach between Delyannis and myself because he claimed profit on some shares which he thought I ought to have bought for him, but which I had refused to do because he owed us £140. He immediately issued this circular, not only to all the shareholders of my company but about a thousand people who would be likely to deal with us, attacking us (Exhibit 28). From that time he always mentioned the company unfavourably.
Cross-examined. When I first met King he told me he was a director of Cosmopolitan Publications, Limited, and they were about to open an office in Manchester, and that the company had taken an office there. I know the rent notes used to come in made out to him. He was in the office with a Mr. Pangelow before I went there, and it was being fitted up. I saw him about twice from the time I took over the active management of the business to the end of November. I do not think I ever saw Delyannis or had any corresponce with him during that time. It was a perfectly honest business. I think I have produced all the cheques showing the money remitted to London. I opened the account in my name, probably about the end of December, 1908. March, 1909, would be about the date of the first cheque remitted. I made no cheque payable to Delyannis for the Manchester office. Probably one or two were made out to King. When the transfers failed to come at the end of May I telephoned repeatedly to the Atlas Bank, and when I failed to get King I spoke to Delyannis. I never paid for the shares which I was to take up as a term of the engagement. Both Wyatt and Miss Tanner had bought shares, and had them delivered before the transactions I have referred to, in which they did not get the shares. June 28, which I gave as the date when Miss Tanner ordered the Rhodesian shares is wrong. I think the Official Receiver has the books which would show the date. We kept a proper set of books at Manchester, but I have only the rough cash-book here which would not show it. When we, the Cosmopolitan Investments Bureau, Limited, got possession of the Manchester and Liverpool offices on October 13, 1908, we used the old set of books, and when I closed them I left all the books there for the vendors, the Cosmopolitan Publications, Limited. The Cosmopolitan Investments Bureau, Limited, was turned into Prudential Investment Registry, Limited, of which I am a managing director. I agree that the date of ordering the shares was in most cases within a fortnight of the date of payment. Although no transfers had come through from June we continued to accept orders and money until as late as September. I understood that the reason why the transfers did not come was
because the Atlas Bank and Cosmopolitan Publications were in difficulties. I understood it was the Atlas Bank who were to buy the shares through members of the Stock Exchange. I see that the only cheques made payable to Cosmoplitan Publications, Limited, in this bundle that I have produced are for subscriptions or advance proofs and not for shares. I went on accepting orders up to September, because in August Delyannis said in August that by issuing these Debentures he thought he would be able to obtain the shares that had been paid for, and deliver them, and from the end of May, when the transfers ceased to come, till August I believed King when he said the difficulties were only temporary, and that Atlas would pull round. On June 20 I understood from King that I was to make up as much of the £500 as I could from the Manchester client's money, and the rest I was to make up out of my own pocket. £150 of the £400 I sent was mine. I sent a detailed account, copy of which should be in the letter book, and I got an acknowledgment which I have not here. I kept the moneys that came into the Manchester office till I was paid. It is untrue to say that all the £400 was the Manchester Bureau's money, and that I improperly kept back money which came into the bureau afterwards. I only had one banking account for the Manchester business, and my own money was mixed up with the money of the business. I should be surprised to hear that the Debentures were issued before the order and the winding-up of the Atlas. I am certain that Delyannis suggested the issue of Debentures when I saw him about October 13. Every penny received by the Manchester branch went to the Atlas Bank. The Bureau failed because King as director of the Cosmopolitan Publications, Limited, failed to send the shares. King told me that his company banked with the Atlas, and I made the cheques payable to the Atlas, and they were endorsed by them. I expected to receive the shares from them, but although all my letters were addressed to King, of the Atlas Banking Corporation, the replies sent were all on Cosmopolitan Financier paper. When I came to London after the Atlas Bank failed I said to Delyannis that the Manchester business ought to be saved as the profits amounted to £2,000 a year, and we discussed the best way to pay the £1,600 due to clients. It was no fault of mine that it failed; it was due to the failure of the Atlas. The suggestion was made that a new company should be formed to take over the business at the different Bureaus with a minimum capital of £2,000, £1,500 of which was to be used for paying the creditors of the Bureaus we were acquiring. The Liverpool branch owed about £250. I do not know what the London branch owed. I did not tell Delyannis that I could get a chartered accountant's certificate that the Manchester business was worth £2,000 a year; I said one could not be procured. I was told £2,000 by King. I was trustee of the money paid for shares, and then I became a director of the company when formed. I do not think I was a director of Cosmopolitan Publications, Limited. I was nominated by Delyannis because of the success of the Manchester business, and I got a transfer for 500 ordinary one shilling shares in the joint names of King and myself, but my appointment was never entered on the minutes. I
sent my signature as director to the company's bankers, and I authorised the secretary to pay my fees to King. The nominal share capital of the company was—25,000, of which 5,000 Ordinary £1 shares were issued to the public. I took and paid for 500. 2,093 were taken up, including mine and 100 which Allen took up. The company did not get £2,000, because the payments were spread over 16 months; the shares are not yet fully paid. 2s. 6d. a share was paid on application. Delyannis never called on me to use the money that came in to pay the Manchester creditors. I did not pay them; we did not owe the money. The new company had by written agreement a six months' option on the Liverpool, Manchester, and London branches, and we took possession in October, 'but before the end of December we had lost £200 and we refused to exercise the option, and I sent the keys back to Delyannis. This prospectus (Exhibit 27) is not the one that was finally issued. We did not take over the branches; we only had an option on them, as will be seen set out in the prospectus that was really issued (Exhibit 47). The fact that I did not pay the Manchester creditors was not the reason why Delyannis sent out circulars not to subscribe any more money; it was because he wanted some share profit that he was not entitled to. The company was formed to run a stock and share business—not to pay off the vendor company's debts. Delyannis refused to pay for 100 snares that he had subscribed for, and another share-holder made an attempt to wind the company up, but he failed.
Re-examined. Exhibit 48 is the option dated October 2,1909, which I have referred to, and it is mentioned in the prospectus (Exhibit 47). At the end of a month we decided not to exercise the option. I went to Liverpool on December 17 or 18, discharged the staff, closed the offices, and sent the keys to Cosmopolitan Publications, Limited, and I did the same thing with the Manchester office. I left all the books on the premises with the exception of the cash book. I have not found the books I left there in the possession of the Official Receiver. I never understood I was King's servant at Manchester; my agreement was with Cosmopolitan Publications, Limited. Early in December I wrote to Miss Cave in Manchester to make me a list of the creditors, and I compared the list she made (Exhibit 49) with the books and found it correct. The total is £1,682 12s. 8d. Exhibit 50 is the letter Delyannis wrote to the Investment Bureau, Limited, dated November 20, instructing them to sell the shares he thought we had bought for him, and Exhibit 51 is the letter of November 25, in which he says, "I want my 100 Ashanti sold. That's the long and short of it. I am sorry to see you presume to treat me as some irresponsible outsider." The idea of issuing debentures was that the Manchester creditors should take them instead of the shares they had bought.
To the Judge. Delyannis prepared the prospectus that was actually sent out. (Exhibit 47).
ANNIE TANNER , 16, Greening Street, Manchester. I do not care to state my occupation if I am not compelled. On July 24 I proposed to buy 10 Rhodesian Copper shares from the Cosmopolitan Investment Bureau at 3, John Dalton Street, and I paid them £5 8s. 6d., for which this is the receipt. On September 27 I bought for £2 2s. 3d.
10 Mount Lyell Comstock shares, for which this is the receipt. I have made application to the Cosmopolitan Publications, Limited, for these shares, but I have never received them.
Cross-examined. My first letter was ignored, and the next letter asked me to give them particulars. I thought it was no use bothering and I put it on the fire. I paid the money to Hawton, and the receipt is signed "A. W. Hawton." The account is headed "Cosmopolitan Financier Investment Bureau," and all cheques were to be made payable to that company.
BENJAMIN PEDE , Grand Parade, Eastbourne. I have been a reader of the "Cosmopolitan Financier" ever since it was published. I received this contract note (Exhibit 57) of June 9, 1909, on paper headed, "Atlas Banking Corporation, Limited, Investment Bankers, Cable House, New Broad Street, E.C.," saying that they had sold me (to take up) five Huelva Copper shares at 26s. 6d., which, together with fees, came to £6 16s. 6d.; it was signed "For the Atlas Banking Corporation, Limited. E. A. Allen." I sent the £6 16s. 6d. and on June 11 I received this acknowledgment (Exhibit 58). I never received the shares or my money back. On November 25 I received a sold note (Exhibit 59) for 50 United Sumatra shares and 25 Anglo-American Cold Storage Ordinary shares, the price being £41 17s. 6d. It was signed by Saxeby for the "Cosmopolitan Financier Investment Department." I sent the money and received a transfer for the Anglo-American shares, which I signed and returned by a letter dated November 16 (Exhibit 60). I do not know whether that date is corrector not. On January 26 I received a letter (Exhibit 61) headed "Cosmopolitan Financier," signed "Investment Manager, T.E.R.," acknowledging transfer, and saying the transfer for the Sumatra shares would follow in a few days. On February 8 I received a letter (Exhibit 62) signed "E. Riches, Secretary for Cosmopolitan Publications, Limited," regretting the delay in sending this transfer. I received this certificate for the Anglo-American shares (Exhibit 63). This is my letter of November 22 (Exhibit 64), which I had written asking them to buy the Sumatra shares, and the balance therein referred to was sent me in Exhibit 61. I never received those shares. In answer to my letter about them I received on February 28 this letter (Exhibit 65) on "Cosmopolitan Financier" paper, signed "D. J. Delyannis," saying that the shares had been bought from a member of the Stock Exchange, but owing to pressure of business they had not yet been delivered, expressing great indignation at my doubting their integrity.
(Tuesday, June 14.)
The jury intimated that they were unanimously of opinion that the evidence they had heard amply justified the statements set forth in the prisoner's pamphlet; there seemed to be practically nothing in the prosecution; they considered the cross-examination had, if anything, assisted the defence.
The Common Serjeant said that the jury must keep an open mind, as they had only heard one side, and the prosecution was entitled to call evidence in reply.
Mr. Valetta said after that intimation he would complete his case by producing certain documents.
MICHAEL THEODOSIUS , secretary to the Greek Consulate, Doctor of Laws, Athens, translated decree of the Court of Patras to the effect that prosecutor had been adjudged bankrupt in October, 1907, and was liable to arrest.
Cross-examined. In every bankruptcy judgment there is an order that the debtor can be arrested if he does not pay or give sufficient security, provided the creditor takes action.
Mr. Travers Humphreys submitted that there was no evidence in support of the plea of justification; no evidence that the prosecutor carried on a "bucket-shop" business in the name of Wilcox and Martin, or a fortune-telling business in the name of Madame Catinomany.
The Common Serjeant held that there was evidence for the jury.
(Evidence in rebuttal.)
DEMETRIUS JOHN DELYANNIS . I am a Greek subject, born in Corinth in 1870. I came to school in England in 1886, returning to Greece in 1891 to serve a year in the Army. From 1893 to 1896 I was Greek Consul in Liban, Russia, and in 1896 was promoted to the position of Consul-General in Moscow. In 1897 I served through the Greco-Turkish war, and remained in the Greek Army till the end of 1899. I then went to Italy for my health, and represented the "Daily Graphic," lived in Paris during 1900, returned to Greece for three months, and was seven months in the United States, after which I came to London again, and in January, 1903, went to Greece on behalf of Seligman Brothers to negotiate a railway concession. I also obtained a Government monopoly for currants which involved several visits to Greece, as the English Government objected to the concession as a monopoly likely to increase the cost of fruit in England. I have appealed against the judgment in bankruptcy and am not now or ever have been liable to arrest. I have repeatedly since been to Greece, and in 1905 was elected as a member of Parliament there. I am now a candidate to represent Corinth in the National Congress. I started the "Cosmopolitan Financier" in July, 1907, and was the proprietor until Cosmopolitan Publications, Limited, was started, which company acquired the paper, and in which I held, with my brother, some 3,000 shares. The articles called "Straight Talks to my Readers" were written by prisoner from my notes. I agreed to receive £1,000 a year as editor, but took my salary in the form of preference shares. I signed articles in the name of "De Lyann." The "Financier" could not obtain advertisements from banks, insurance
companies, etc., and would not receive them from "bucket shop" keepers, and it was a suggestion of King, managing director of the Atlas Banking; Company, that the "Financier" should recommend their subscribers to buy stocks and shares through the Atlas. Bank, the "Financier" receiving half commission on the business obtained. In September, 1908, King told me he had taken an office for the Bureau at Manchester. I objected on the ground of expense, but King said the Atlas Company took the whole responsibility. I had nothing to do with the Bureau until June, 1909, when people who were not getting their stocks regularly wrote to me. I did not know how the Atlas Company was doing. I was a director of the Atlas Bank down to 1908. In June, 1909, King told me two or three clients had bought Villa Deep shares who had not paid, and the shares having gone down he wanted £1,000 to finance the account; and that he had got £500. I procured a friend to advance the additional £500 on the acceptance of the Atlas Corporation. Hawton said that Cosmopolitan Publications, Limited, were morally but not legally responsible for the Atlas liabilities, and we decided to form a new company called the Cosmopolitan Investments Bureau. I issued the prospectus to about 1,200 subscribers to the "Financier," and received applications for shares to the amount of £1,200. Hawton having received the £1,200 did not settle the liabilities of the Manchester Bureau, and I sent out a circular explaining the fact to those who had subscribed. Prisoner entered my employ in July, 1909; he worked for about 10 days, and then absented himself for eight or 10 days, when he returned very penitent, and said he had been "on the drink," and was starving. I employed him to write an article for which I paid him £5 5s., and afterwards employed him to write an independent article for the "Financier" on the Stock Markets, giving particulars of stocks to be bought for investment and for speculation. I have never in my lift bought or sold shares for myself or anyone else. I did not try to get Ashanti shares from Grimwade, and had no interest in subscribers to the "Financier" taking up options in those shares. I have lost heavily by the failure of the Atlas Bank—I was one of the largest shareholders—my brother, two others, and myself jointly held 36,000 fully-paid 5s. shares in consideration of my halving sold to that company the goodwill, etc., of the Atlas Finance Corporation. I never sold any of those shares. Prisoner wrote the article on Russian Mines and Estates, Limited, on my suggestion, but from materials which he obtained from other sources.
Cross-examined. I started the "Cosmopolitan Financier" on July 1, 1907. In May, 1907, I was interested in the starting of International Concessions, Limited, its address was 10 and 11, Austin Friars; the directors were Matthias, myself, and Percival Johnson. In August, 1907, the name of that company was changed to the "Atlas Banking Corporation, Limited"; that company purchased the business carried on by the Atlas Financial Corporation, which consisted of the sale of Premium Bonds, and which I had bought in May from a Greek named George Pangelow and carried on up to
August, 1907. I paid £400 for the business. It was sold for £1,200 in cash and 36,000 fully-paid shares of 5s. each.
(Wednesday, June 15.)
RAYMOND RADCLIFFE . I have had 30 years' experience as a journalist in London, and I wrote on financial matters in a number of daily and weekly papers. For about a year I have contributed to the "Cosmopolitan Financier," as a rule about two pages consisting of comments on financial matters of the week. Delyannis never tried to influence me in what I should write. I have continued to contribute up to the present time. In October last year I wrote a paragraph about the Henriquez Estates from information I received from an entirely outside source. He never suggested how I should deal with the matter, and I never had any conversation with him or anybody on his behalf about it. It appeared in the issue of October 9 with the wording slightly altered, but the facts were the same as given to me. Prisoner occasionally came over to my office and I used to give him information and advice when he asked for it. My opinion that the shares in the Henriquez Estates could not be recommended is an absolutely honest one.
Cross-examined. I will not be certain whether it was the Wednesday morning or Thursday morning that I delivered my copy; I could not say it was not my habit to deliver on Thursday morning. I do not think anybody knew then that the shares in the Henriquez Estates were to be split except myself and the people connected with the company, who themselves, I think, denied the fact. Anybody by looking at the book of reference could see that the property comprised 40,000 acres, but I think it is an important fact that only 250 acres were planted.
DEMETRIUS JOHN DELYANNIS . (Recalled. Further cross-examined.) I bought the Atlas Corporation business from Pangelow in June for £200 and paid £150 liabilities. I had the 36,000 shares allotted to me, but I had not the £1,250 paid me; I had it in a book-keeping way. Pangelow had been here two years previous to February as a director of International Concessions, Limited, which altered its name in that month to the "Atlas Banking Corporation," which on April 22, 1908, moved to 10 and 11, Austin Friars, and afterwards to New Broad Street. The Reorganisation and Control Syndicate in July, 1909, were at 54, New Broad Street, and the Atlas at No. 55; I deny that they were on the opposite sides of the same passage, and that one passage led through 54 and 55. There was a communicating door between the two sets of offices. In the old days my private office communicated with the Atlas Bank board room as it was then. Saxeby never worked in a room behind my office; at the time he came into my employ in July, 1909, I was using the board room as my private room and Saxeby and Riches worked in the room I had left, and communication between the board room and the other two rooms was then shut off. On the door of Princes Chambers, 9, Copthall Avenue, the registered offices of the Cosmopolitan Publications, Limited, the name "Cosmopolitan Investments
Bureau, Limited," was printed up. I did not ask Percival Johnson's permission to put up the name "Wilcox and Martin" at 41, Eastcheap; that was the name he used as advertising agents for the "Cosmopolitan Financier." It is true he had taken an interest in International Concessions, Limited. In the issue of July, 1907, I made things unpleasant for "bucket shops." I draw a distinction between outside brokers and bucket shops. The advertisement of Wilcox and Martin of Eastcheap in that issue as stock and share brokers was a dummy one, which I inserted at Johnson's suggestion as a means of leading to genuine advertisements. I also inserted at his suggestion Advertisements offering 100 per cent, profits, and we would send the "Cosmopolitan Financier" in answer to replies and get them to subscribe. We never received any replies. Percival Johnson traded as an advertising agent under the name of "Wilcox and Martin." The advertisement in the issue of March 20, 1909, offering cash prizes for ideas of original advertisements in the name of "Wilcox and Perry, Publicity Brokers, 312, Regent Street, W.," was mine. I never had a bedroom there; I admit I slept there sometimes. I had a room where I kept books, luggage and things. I resigned my directorship of the Atlas Bank in October, 1908, and I seriously say from that time I had no control of the management and I knew nothing of what they were doing; but, as I said before, having a large number of shares I could at any time call a general meeting and sack anybody and put anybody on. As from October, 1908, to October, 1909, the policy of the Atlas was not controlled by the "Cosmopolitan Financier." I absolutely deny that the object of the Atlas was to carry out the transactions in stocks and shares recommended by the paper. I still say that after seeing the advertisement in the issue of February 13, 1909, in which we invite subscribers to go to the Atlas Bank to open, without security or guarantors, credit overdrafts from £10 to £250 at 4 per cent. We, the Cosmopolitan Publications, Limited, spent £5,000 in advertising that scheme in different papers, The essential part of the scheme was that applicants for overdrafts should subscribe to the paper. We hoped to get 250,000 subscriptions of 15s. 6d. each in this way, and this would form the basis for overdrafts being made to 10 per cent, of the applicants, which 10 per cent, was arrived at by ballot, attended by chartered accountants, solicitors, and other independent persons. It was a perfectly genuine scheme. We advertise that we indemnify our bankers, the Atlas, against loss. We asked them to fall in with the scheme with us. There were no claims against the Atlas because of this. We advertised it in several numbers. I distinctly disapproved of the Manchester Bureau business, and I fought with King about it. It is true I could have "chucked" King out, but he did not say, "I defy you"; he said, "I have taken the office." About the beginning of December, 1908, at his request I went to Manchester and saw Hawton, and I was satisfied. I was in Paris on September 5, 1908, when it was advertised in the "Cosmopolitan Financier"; and I did did not know of it until I came back on September 8. I did not repudiate the advertisement. The Brussels branch
was opened before December, but it was not for the Manchester class of business; it was opened because of the premium bonds, which were not legal here. The Sheffield branch, which was closed down, was opened after the Manchester branch. By that time I was reconciled to the idea. When I fought the idea of the Manchester office with King he said, "I have taken the office. We will pay the expenses. There will be no liability. You need not pay, nor anybody else, but if there should result any business you will have half commission." I remember Pooptis calling on me with a Russian gentleman about 12 a.m. on September 19. I had first seen him in the beginning of 1907 once or twice, and then I saw him again towards the end of last year on two or three occasions; I was not friends with him at all. I never heard the name of "Crotch" until Saxeby brought me the libellous article in the October 23 issue called "Russian Estates and Mines" to pass through for the Press. It purports to be one of my own straight talks to my readers, but I do not recognise my writing. Pooptis did not invite me to write that article against Crotch. I did not write it at all. I never sent Stumbles, one of my clerks, to Norwich, where Crotch lives, with 1,000 copies of the paper with that article in to distribute. Special posters were not printed for it. I know Stumbles went there. It is absolutely untrue that I had an interview with Pooptis on the same evening that Stumbles went to Norwich; I never saw him at all that evening. Stumbles was not in my or the company's employ then; he simply came to address envelopes whenever we had work. I suppose the secretary of the company paid him, but I did not. Crotch does not live at Norwich; it is only a company promoting address. I cannot account for Stumbles having been sent there. I did not complain about it on the following morning when I found out. I do not know that Wood went to Croydon. I flatly deny that Saxeby had written an article in the issue of October 9, 1909, in favour of the Henriquez Estates, and that I altered it into an article condemning that company. I never knew there was such a letter as the "White Hill" letter in the October 9 issue until these proceedings, and I swear that I never dictated that to Saxeby with or without Pappa. All the letters from inquirers should have been kept, and they would be with the Official Receiver. I did not know that Newberry was connected with the Arizona Company. I did not write replies to correspondence, although they are signed "Editor." As regards my saying to an inquirer that I did not know much about Newberry and would make the inquiries, I may have said to Saxeby in giving him instructions to answer it, "Newberry does not appear to be a man capable of such things (I knew enough of him to say that), but I will make inquiries and find out." Radcliffe wrote the Henriquer Estates article in the October 9 issue, and I remonstrated with him for it, as Newberry was a personal friend of mine. Prisoner told me that the article inserted in the November 20 issue supporting the company was merely the reproduction of a slip issued from Newberry's office, and which appeared in every paper. It is insolence to suggest that I had
taken money from Newberry and altered my views as to the company. I have not received a farthing from him at any time. I have known Count Ward eight or nine months. I knew of the Anglo-American Company six days before the public issue. I never knew of the article about it in the October 23 issue until these proceedings. I never sent prisoner or anyone to get an advertisement from him, and I never spoke to him about it. The shares were given to me as payment for the advertisement instead of cash. Count Ward may have telephoned to me on October 26, but I never told Saxeby to tell him that I was out, or "I bet he is in a funk." I cannot swear he did not come to the office that day. I signed the transfer for some of the shares to Pede. The shares were given to Cosmopolitan Publications, Limited. Prisoner, as sub-editor, wrote what he liked about companies and I checked it afterwards. I did not have anything to do with letters that came about stocks and shares. Pede's letter would not come to me at all and I never advised him to buy. If the letter had come to me I nevertheless would have done so. I generally recommended in the paper good shares. I knew the Hudson's Consolidated were behind Barranca Mines, Ashanti, and Gold Coast United, and I approved of their recommendation in the issue of September 11. I deny Hudson's used to cash cheques for me sometimes, which I afterwards met, and that about this time a Mr. Ohanlan refused to cash one. I did not send prisoner round to demand payment for inserting the reports of the proceedings of the Barranca Mines. He inserted the reports and told me afterwards that they would not pay. They ought to have paid for them. I do not know whether they have paid to this day. Grimwade rang me up the same day the prisoner told me about it and said they could not pay without the written order. There was no dispute about it. I went with him to the theatre the same evening. I did not say to prisoner, "I will make it hot for him—he won't pay." I never told Hawton that I would be revenged on Hudson's. I admit that there are attacks on them in the issues of December 18, January 12, 22, and February 26. I had told the subscribers that Hudson's had put a lot of money into the Huinac Company, and I found out they had done nothing of the kind and that they had not sent out an engineer to report on the property as they said they had done. When this begging letter of the Huinac directors was sent round to the shareholders the people who had bought on my advice naturally wrote to me and that is why I attacked Hudson's. They never dared to bring an action against me for the article "Huinac Directors' Mendacity." In July, 1909, my name appeared in "Truth's" Cautionary List and I brought an action against them the next week. It comes on for hearing next week. I cannot recollect whether I read the details of the article. The Atlas Bank paid for the advertisements mentioned in the article. Three months before the bank failed I transferred the account to the London Trading Bank. I knew it was going to fail in the first week in July. In June King had told me that it was in difficulties, and I told him to get from Hawton the money that was owing for stocks and the £500 I had lent, and thus pay the £1,000 deficit. I was in
Brussels when Mrs. Greening was recommended to hold on to the Atlas shares on May 22, and I did not know it had been written. The gilt-edged Government securities mentioned I know at that time were in the vaults of the company. I only heard from the Official Receiver when he took possession in September that there were no bonds to be found. I had £1,000 securities of my brother's there. The letter of April 6, 1908, was not signed by me.
WILLIAM MOHRING , compositor, Polsue, Limited. In and before December last I was employed by Messrs. Hammond and Co., who printed the "Cosmopolitan Financier." At 10 p.m. on December 31, whilst we were printing the issue for January 1 and it was practically ready to go on to the machine, Delyannis came down and wanted me to put at the foot of every page a line wishing the subscribers the compliments of the season, and I refused to do it because it would delay the work so much; it meant 10 hours more work. He said it did not matter. I do not remember his asking us to make any other alterations. Prisoner used to give us the corrected proofs, and we got them on this day from him.
Cross-examined. I will not say the proofs on this occasion had no corrections; they were corrected in the ordinary way. The reader after revising the proofs binds them up and puts them away.
WILLIAM WOOD . I have been in the employ of Cosmopolitan Publications, Limited, and I used to sit in the same room as prisoner at Ccpthall Avenue. It is not true to say that creditors were continually calling asking for the man who had had their money. I should have seen them if they had. Only once during the year I was there, from April, 1909, to this March, were the bailiffs put in.
Cross-examined. I was a clerk employed by Delyannis at £1 a week, and I was always at Copthall Avenue except at meal times. I was there at the same time as Kersey, who was there to look after the distribution of the papers. I was promoted to be secretary of the Cosmopolitan Investments Bureau, Limited, in September. I principally signed letters and other documents. Very soon after there was a bother between Delyannis and Hawton and my duties as secretary ceased. My salary at Christmas time, through a misunderstanding, was temporarily reduced to 15s. a week. It is £1 again now. I went to Croydon merely to push the sale of the paper there; it was nothing to do with Hellyar. Hellyar threatened one of the shopkeepers down there with legal proceedings if he continued selling the paper and he tore them all up. I do not know that I wanted to make it comfortable for him. I went there quite innocently, not knowing that the papers contained an attack upon him.
Re-examined. I live at Friends Road, Croydon, the bookseller was a man named Wyatt, who lived at the corner of the court. Mr. Riches, the secretary, sent me down.
REGINALD WARD , 6, Moorgate Street, E.C. I am a Count. I am not a director of the Anglo-American Cold Storage Company; in the autumn of last year I was the owner of the property and converted it into a limited liability company, retaining the larger interest. The prospectus was advertised in the "Cosmopolitan Financier" and I
paid De Lyann (Delyannis) 40 preference and 60 Ordinary shares for it. It is untrue that I gave him those shares as the price of his not attacking my company. I remember prisoner coming to the office sometimes for the delivery of shares, but it was with De Lyann that I made the arrangement.
Cross-examined. My advertising agent was Walter Judd. Prisoner may very likely have called about an advertisement and been, referred to him. I daresay I rang Delyannis up, but I do not remember an appointment being made. I may have gone to his office, but my recollection is that the arrangement was made in my office. I made out the transfer to him personally because I regarded him as the owner of Cosmopolitan Publications, Limited, who owned the paper.
GERALD SYDNEY BOYLE . I was formerly a clerk in Cosmopolitan Publications, Limited. I have investigated the books of the company with a view particularly of ascertaining the system with regard to customers who purchase options. I have the contracts from the brokers when the deal is done (produced), and ther art sufficient to cover the options bought.
Cross-examined. I am employed now by Delyannis, and it was from his office at 54, New Broad Street, that I obtained these contracts. We underwrite rubber shares now. I come here as representing the Receiver for the Debenture holders of Cosmopolitan Publications, Limited. We buy shares and sell and deliver shares. Delyannis pays for them by cheque drawn on his personal account. These contracts refer to one broker only. With the exception of one on December 28, 1909, they are all 1910 contracts. They are all there, unless the Official Receiver has any. I agree that they are all unstamped and they are between Cosmopolitan Publications, Limited, and a stockbroker named Kendall. All the shares were paid for to the best of my knowledge by Delyannis's cheque on his private account.
Re-examined. The Official Receiver had the books of the company after the winding-up. I have not got the contracts before this year.
Verdict: " We find that the plea of justification has been sustained, and, further, that the pamphlet was substantially correct, and that a public service has been rendered by its publication." The Common; Serjeant accordingly discharged prisoner and, on Mr. Valetta's application, ordered that Delyannis should pay the costs of the defence.
BEFORE THE RECORDER.
(Wednesday, June 1.)
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, June 2.)
MEARS, William Henry (24, carman) , carnally knowing Alice Kezia Mansfield, a girl above the age of 13 years and under the age of 16 years, he not then having reasonable cause to believe that the girl was of or above the age of 16.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, June 3.)
Mr. Metcalfe prosecuted.
JOHN BRIGHTON GOODMAN , Tidal Basin, engineer. On May 25, 1910, at 1 a.m., I was in Burnham Street, Canning Town, when Pearman asked me to go home with her. I refused. She followed and spoke to me again. I again refused, when White struck me a severe blow in the jaw and knocked me into the road. I have not been able to masticate since. I got up; he knocked me down again. Pearman was looking on. Both prisoners then kicked me about the face, head, and body. White took from my trousers pocket my latchkey, knife, and 8d. in money—all I had. I shouted "Help—Police." The prisoners then ran in different directions. Inspector Howlett came up and gave chase to White. I followed Pearman, who was caught by Police-constable Cornish and taken to the station, where I followed and was attended to by Dr. Brown. At 2.30 a.m. White was brought in and at once identified by me as the man who had attacked me.
Cross-examined. I was not indecently assaulting the woman. She did not call for help. I did not strike either of the prisoners.
Inspector JOSIAH HOWLETT, K Division. On May 25, at 1 a.m., I was in Burnham Street going towards Barking Road, when about 180 yards off I saw three persons, one of whom fell down. I ran up and saw the prosecutor get up, when he was again knocked down by White. Both prisoners kicked him. I was then 50 or 60 yards off. I was on ordinary night duty in uniform. I got within three or four yards when White turned his head—he was then on the top of the prosecutor—he got up, threw some money down, and ran off. I recognised him, having known him for some considerable time. I gave chase for about half a mile through various streets and blew my whistle at the same time. He got away. I returned to Burnham Street, where I found the prosecutor and Pearman in charge of Police-constable Cornish. Prosecutor was quite sober. Pearman said nothing then. She was taken to the station. I charged her and she made a statement,
which I took down in writing. She said, "You have heard the statement of this man, now hear my statement: Hannah Pearman, no home, prostitute. About 1 a.m. on 25th inst. I followed this man Goodman to Burnham Street. I said to him, 'Are you going home with me for the night?' He said, 'Follow me on behind.' I went back to the coffee stall and then followed him. As I was speaking to him Phil White came up and knocked him down. He (Goodman) got up and struck me in the face. Phil White went on him again, knocked him down again, and robbed him." She made no complaint of having been kicked. She had a mark of a blow on the face. At 2.30 a.m. White was brought into the station and immediately identified by prosecutor. White was placed on a seat behind a row of indows. He was charged and said, "I had no knife. I do not know Hannah Pearman." He made no complaint of having been stabbed by prosecutor. He had a severe cut between the thumb and the forefinger and a wound in the thigh, which the divisional surgeon dressed. I asked how he got them—he declined to tell me. He never suggested prosecutor had injured him. After he was taken to the cells I drew the blind up, as it was daylight, and behind where White was sitting I found knife produced, which was identified by the prosecutor as his knife; there was blood on the window blind. A police-constable afterwards brought in latchkey produced and 4d. in copper found on the scene of the assault and identified by prosecutor.
Cross-examined. White did not charge prosecutor with stabbing him. I could see the assault, as a strong electric light was at the end of the street where the prisoners and prosecutor were.
Police-constable THOS. CORNISH, 688 K. I know the prisoner White. On May 25, at 12.45 a.m., I was on duty in Barking Road when I saw the two prisoners near a coffee stall; they left together and went in the direction of Burnham Street. At 1 a.m. I heard a whistle from that direction, went into Burnham Street, and saw prosecutor and the prisoner Pearman. He said, "This woman and a man have knocked me down, kicked me and taken all my money from me." I said, "Do you know the man." He said, "No." I said to Pearman (whom I at once recognised as the woman I had seen at the coffee stall with White), "You know the man you were with." She said, "Yes, it was Phil White. He knocked the man down and robbed him. I only kicked him once." I said, "You will have to come to the station with me." She made no complaint of having been kicked or of any kind.
Cross-examined. The two prisoners were standing together at the coffee stall.
Police-constable JOHN STEPHEN, 133 K. On May 25, at 2.20 a.m., I went to 6, Martindale Road, Custom House, where I found White under a bed, which contained two women and another man. White was dressed except his boots. I called on him to come out; as he did not do so I dragged him out. He was sober. I told him I should take him into custody for assault and robbery in Burnham Street at 1 a.m. that morning, May 25. He said, "You will not have me in for robbery," became very violent, and shouted, "Arthur, Arthur, come on Arthur"—that was to his brother, who lives next door. Assistance
arrived and he was taken to the station. He continued to be very violent.
Cross-examined. I did not draw my truncheon.
Prisoners' statements. Pearman: "I do not wish to say anything now." White: "I left the 'Aberfeldie' at 12.30 to get to Canning Town at 1 o'clock. I walked as far as the 'Liverpool Arms,' and as I was looking down the street I saw the young woman and a man struggling in the road. The young woman was holloaing 'Help.' I walked down and the woman said, 'This man is feeling up my clothes.' With that I said, 'You do not want to do things like that in the street.' He hit me in the chest. I hit him back and knocked him down, and just as I knocked him down the inspector came along and saw me. I never touched the man's pocket. All I did was to hit the man as the inspector came up. I have got no witnesses."
HANNAH PEARMAN (prisoner, not on oath). As I was speaking to the man he tried to take a liberty with me in Burnham Street. I holloaed out for help. White came up. He told him to mind his own business. With that White knocked him down. Prosecutor then got up, hit me in the face and kicked me in the legs. I took no notice of the kicks, but the next day I felt them, and they have all broken open and are bandaged up. I plead guilty to hitting the man. As I hit him the inspector came up.
Verdict (both), Guilty.
White confessed to having been convicted at West Ham Police Court on April 12, 1909, receiving one month's hard labour, for stealing a purse. Nineteen other convictions were proved, all with short sentences, the longest being three months. White, with his brother Arthur referred to, were stated to be the leaders of a very dangerous gang of thieves infesting the Royal Albert and Victoria Docks, robbing and inflicting cruel injuries on drunken seamen. He was stated to having received the cut on his thigh and hand getting aver a glasstopped wall to escape the police.
Pearman was stated to have respectable connections, and to have been at work up to three years ago, when she was corrupted by the prisoner's gang.
Sentences, White, Five years' penal servitude; Pearman, Six. months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, June 4.)
Mr. Travers Humphreys and Mr. H. D. Roome prosecuted.
Verdict, Guilty. The evidence went to show that prisoner had been guilty of offences against the child, who was his daughter, since she was four years of age, but that he bore an excellent character for work.
Sentence, Seven years' penal servitude.
BEFORE JUDGE RENTOUL.
(Wednesday, June 1.)
COOK, Edward (51, corndealer) , embezzling a certain dividend of the amount of 10s. 5d., received by him for and on account of Ernest William Ellis Blandford, his employer having received certain dividends of several amounts of 10s. 5d. and 10s. 5d. respectively, for and on account of Ernest William Ellis Blandford, did fraudulently convert the same to his own use and benefit.
Mr. Hawke and Mr. Bray prosecuted; Mr. Pike Glasgow, defended.
ERNEST BLANDFORD , Incorporated Accountant, Gresham House, E.C. I was appointed trustees under a deed of assignment of defendant's business. That deed assigned all the real and personal estate of the defendant, including all life policies. The business carried on by defendant was that of a corn merchant. I produce certificate for shares in Wright Bros., Limited. I cannot say if reference was made to these shares at the meeting of creditors. At the time of the assignment an execution had been put in by Mr. Higgs. That was paid out by me. Higgs held these shares as security for the debt, and I applied to him for them after the execution was paid out. He wrote me in reply, "I have no knowledge or proof that you have been appointed trustee. I have also no authority from Cook to give up the scrip." We had further correspondence, and finally, upon application by a firm of solicitors, I got the shares from Higgs. I carried on the business, employing Cook as manager at a salary of £3. week. I did not attend to the absolute details. My part was to buy on the market what was required and pay for same. My managing clerk, Mr. Quaife, attended to the details. Prisoner has never handed over any dividends on these shares, or made any communication to me about them. He has never suggested until this case came before the magistrate that I owed him any money. I cannot conceive that I owe him anything.
Cross-examined. I am prosecuting. You asked me, "Did I owe him anything," and I said "No," because I had received payments from him during the time of the trading, and any money I owed him would be deducted before those moneys were paid over to me. I don't remember anything about a policy of insurance upon his life. Prisoner conducted the business for me until July 31, when his wife purchased it. Mr. Quaife will be able to tell you as to the accounts relating to
that period. The first idea I had that he owed me any money was when I applied to him for debts which appeared on his ledger to be due to the business. I applied to the various debtors, and when I took them into Court receipts were produced showing that prisoner had received moneys for which he had not accounted to me or entered in the books. These amount to about £180. The reason he has not been prosecuted in respect of those is that it is not so easy to prove them as this case.
ALBERT EDWARD QUAIFE , manager to last witness. I supervised the details of the business as stated by Mr. Blandford. Prisoner kept an account of all the moneys received, and handed them over to me or my representative twice a week. The defendant never mentioned any dividends of 10s. 5d. The first interview I had with defendant about the shares was when I received a reply to my letter to Higgs asking him to hand the certificate over. I told him it appeared that Higgs was trying to stick to the shares. He said, "It will be all right; I will help you to get them." At the time the business was sold back to Mrs. Cook prisoner did not suggest there was money owing to him. The first I heard of it was when I found out he was handling our moneys.
Cross-examined. I do not remember prisoner requesting to know the amount of his indebtedness to Mr. Blandford. Cook and I agreed on a list together of amounts he had received and not handed over I suppose I got the information that the shares existed from the papers in the estate. The information did not come from Cook him-self. It came from his solicitor. It was given as forming part of the estate. I was anxious to get the certificate of the shares and any dividends. I did not know there might be dividends until I got into communication with the company, and I could not get into communication with the company until I knew what I was going to talk about. It did not occur to me to ask defendant if he had received any dividends on these shares. It might not equally be an oversight on his part that he did not hand the dividends to me. He is not a fool.
Cross-examined. The fact that there were dividends attaching to these shares could have been elicited if inquiry had been made.
EDWARD COOK (prisoner, on oath). I got into unfortunate circumstances in carrying on the business, and entered into a deed of assignment on December 2, 1908. At that time the shares were pledged to Mr. Higgs. On December 2, when Mr. Quaife told me they had paid Higg's execution out I asked him whether Higgs had handed over 20 shares in Wright Bros, that belonged to me. He said
there was nothing handed over, and he would write to Higgs. I might have said I would mention it to Higgs.
To the Judge. No dividends were due at that time; I had not been having dividends for two or three years. I used the dividends in the ordinary way of business—for paying rent, rates and taxes. There was a policy of insurance on my life which was taken by Mr. Blandford's clerk on November 2, 1907. I have paid all the premiums on that policy since. I ought to have charged them to the estate, but I did not think of it. The first I knew that there was any claim against me was in a letter from the solicitors after the summons was taken out. I wrote in reply asking for a detailed account. I recollect Mr. Quaife asking me for money. I think it was on October 5 when I gave him a cheque for £9 1s. He had got a list of amounts which people said they had paid. I said I would go into the matter. He said I had better give him a cheque for £20 on account of what I had got in. I said he could have £5. He said that was no good. Somebody had paid me £4 1s., and I gave him a cheque for £9 1s. I do not say there were sums owing to me by the estate, but I mean to say it is a matter of account. People would pay cheques, part of which belonged to me and part to the estate, which I sent on to Mr. Blandford.
Verdict, Not Guilty.
BEFORE MR. JUSTICE GRANTHAM.
(Saturday, June 4.)
Mr. Muir and Mr. Leycester prosecuted; Mr. C. F. Gill, E.G., and Mr. Curtis Bennett defended.
ETHEL MAUD PARTRIDGE . I am prisoner's daughter, and am 20 years old. My mother was 40. We had been living about three weeks at 51, Clifton Park Avenue, Raynes Park, when this happened. We kept no servant. I am employed as a dressmaker, and my brother is in the jewellery line. He used to go to work at 7 a.m., and in the evening. I went at 7.45 a.m. I do not think my father, who is an antique furniture dealer on his own account, was doing very much at the time. He had no shop; he was not independent, but we managed. His brothers helped. At 6.45 a.m. on May 14 my mother was getting our breakfast. She had just a skirt and blouse and shoes and stockings on; she had on nothing underneath. I went out at 7.45, my brother having gone. Mother was just going upstairs to have another lie down; that was the last time I saw her alive. The last time I had seen father was on the evening of the 12th. He kept running up and down the stairs and mumbling to himself. I heard him say to mother, "You are a beautiful woman, mate." I had gone upstairs and I listened.
They appeared to be on good terms. I had not had supper with them that night because I found father crying in a chair, and I went up-stairs. This was about 10 p.m. He came in when I was there and he seemed a little upset at my walking out, and he started crying. He was sober. He used to take some drink occasionally, but he was always in the best of spirits when he had had a drop. He and mother used to get along fairly well except for small tiffs over trifling things; this would happen about once in three months. On this night mother told him to go upstairs and not be a fool. He sighed and said nothing.
Cross-examined. I have lived at home all my life and I have probably seen more of him than anybody else except mother. Mother had always been very anxious about his state of mind, and when he was very bad at times she has told me she would have to leave him. She has told him so, tee. For the last 10 years he has been subject to "moods." I could always tell when they were coming on because he used, to get up suddenly and walk round the room, his eyes would look vacant, and he used to sigh and say, "Dear, dear." He would bury his head in his hands. He used to say he would go mad, and turning to mother I have heard him say, "I'll never go mad, mate," and "I'll never do anything wrong." After these moods were over he would cry and say, "Never mind, mate. You know me." He was very fond of her and used to rave about her. She was very fond of him and said she would never leave him because she did not know what would become of him. He was very fond of animals. About 10 years ago he strangled a cat that he was very fond of and put it into a chamber. He used to laugh hideously when he was in these moods. I used to sleep in the same room as my parents and he used to get up and throw flower-pots into the yard, as he thought someone was there. He would shut the window again and say, "That's got them." He used to laugh when mother told him afterwards and say that she was "kidding" him. Mother used to say he kept knives under the bed for fear of burglars. I could always get him into a calm state. Some years ago he had had a good deal and he came home and threw all the sovereigns he had got on the fire and would not let us take them cut. Very often he used to get my brother and me out of bed in the middle of the night and make us dress and walk all round the garden to see if we could find mother, who was in the bed from which he had got up all the time. He used to throw stones down to the bottom of the garden thinking somebody was there. Sometimes when reading a paper he would sigh, and then light the paper with a match and walk about with it lit. Mother would scream and then he would say, "That's all right, mate," and put it out. I have asked him what he was looking for with the lighted paper in broad daylight, and he would give a silly laugh. He foamed at the mouth sometimes. He has gone out into the street and taken off his coat and waistcoat as if he were going to fight someone. He has gone towards my brother as if he were going to strike him, and on one occasion, two months ago, mother was so alarmed that she sent for the police. He worked very hard sometimes at carving tables, and when he came home without having sold one he sometimes smashed it up. I always lived in dread that something
would happen. Once he asked for a razor, and I have heard him rolling on the bed and saying, "Never mind, mate. There's plenty of time for me to do myself in." He never remembered anything about it afterwards. Very often mother has been afraid to be left alone with him, and asked me to stay at home on the chance that I could keep him calm. He was a very kind man and was a great favourite wherever he went. He used sometimes to wish mother to sit in a chair and let her hair down when people were there in order that he could speak about it.
Re-examined. It was on the Thursday evening, the last time I saw him previous to this, that he said about doing himself in. It was about 10 years ago when he threw the flower-pots out of the window and the gold on to the fire. It was about a year and a half ago when he took us into the garden to look for mother. It was about two months ago when he lighted the newspaper. It was about that time ago that he wanted to strike Archie because he had a disagreeable look on his face. He cried when we brought the policeman, and he was all right again. We never had him examined by a doctor; we were so used to his moods that we did not take much notice of them. On the day that mother died I made a statement to the police, which I signed.
To the Judge. It did not occur to us to give him safety razors to shave with. The only thing mother used to do was to hide the matches.
Sub-divisional Inspector WILLIAM BRICE, Kingston. About 1 a.m. on Saturday, May 14, prisoner came to the station and said he wished to speak to the inspector privately. I told him to come into my office, and he said, "Inspector, I wish to give myself up, as I have cut my wife's throat this morning, at 51, Clifton Park Avenue, Raynes Park, with a razor. I did it about 9.30 this morning. I stood and saw her die. Here is the razor I did it with. (He handed me the razor.) I cleaned it after I cut her throat. I was going to cut my own throat and jump into the river. I left a note on the stairs saying what I had done and telling my son not to go upstairs but to tell the police. I make this statement quite voluntarily, knowing full well what I am saying." I cautioned him before he made it. Then I read it over to him, and he appeared to understand and he signed it. I had never seen him before. He was agitated, and for several seconds after getting into the office he was unable to speak—he seemed to be strange. He was quite sober. I found no bloodstains on his clothing.
To the Judge. He did not tell me what he had been doing since 9.30.
Cross-examined. The description I gave before of him was that from his appearance and manner I regarded him then as a lunatic without knowing any of his history at all.
Sergeant JOE KITCH, 65 V (Wimbledon). About 7.10 p.m. on May 14 I got a telephone message from Kingston Police Station in consequence
of which I, with other officers, went to 51, Clifton Park Avenue. Arriving there at 1.15 we knocked at the door, and getting no answer got in by means of next door. Finding nobody downstairs I went upstairs. On the second step I found this note, "Don't go upstairs. I have cut your dear mother's throat. Fetch a policeman. My body will be found in the river at Putney. Don't go upstairs. Send for a policeman. Dear Dad." I went into the bedroom on the first floor, where I saw a woman lying in the bed with just her hair and a small portion of her forehead visible above the clothing. I pulled down the clothing and found she had a cut in her throat. There was a lot of blood on the bed and on the floor, and there was some on the walls. She was quite dead, lying on her side with her arms folded. Her eyes were closed. The bedclothing appeared to be pressed into the wound and the bed looked as if the side she was not on had been slept on by somebody. I replaced the clothing and sent for a doctor.
To the Judge. There was no sign of a struggle.
Dr. ROBERT AUGUSTUS LOWDER HILL, divisional surgeon of police, Wimbledon. At 2 p.m. on May 14 I was sent for to go to 51, Clifton Park Avenue, where I found the body of the deceased in the position described by last witness. She had been dead from between four to six hours. I made a postmortem examination afterwards and found her to be a well-nourished, healthy woman. The wound on the neck was five inches in length and very deep, the cause of death being loss of blood. It was such a wound as might have been caused by this razor (produced). I am of opinion, from the position of the body, that she was asleep at the time it was inflicted.
To the Court. The wound would be a fatal one immediately. Prisoner must have been kneeling on the bed behind her.
EDWIN TAYLOR , manager to Mr. Hythe, pawnbroker, 518, Kingston Road, Raynes Park. At 10.30 a.m. on May 14 prisoner came into the shop and pawned three pictures, upon which I advanced 2s. 6d. I gave him this ticket (Exhibit 1). He gave the name of "George Ridge."
Divisional Detective-Inspector EDWARD BADCOCK, O Division. At 2 p.m. on May 14 I saw prisoner at Kingston Police Station. After cautioning him and charging him with the murder of his wife, I said I was going to take him to the Wimbledon Police Station. He said, "Very well. I would rather stay here." I took him to Wimbledon. On the way he said, "I have killed the best wife in the world. I cut her throat. They told her to leave me and go to work, "but I would not have that. I pawned three pictures for 2s. 6d. I came to Kingston and spent it. I was going to walk into the river and cut my throat, but I afterwards thought I would not be a coward, so gave myself up. I left a note on the stairs to stop my children from going up to see their mother." When the charge was read over to him he made no reply. I found upon him several pawn tickets, amongst them one for these pictures.
SIDNEY REGINALD DYER (Medical Officer, H.M. Prison, Brixton). I kept observation on prisoner every day from the time he came into the prison to the present time. I reported to the Director of Public Prosecutions the opinion I had formed, based on the result of my own observations and the history of the case. I have also had interviews with his family, and have heard their descriptions of his moods. In my opinion at the time he did this act he was insane and did not know the nature and quality of it, and also that he had been insane for some time. He told me that he had left his bed that morning, gone downstairs to the lavatory, and as he was returning through the scullery, he noticed his razor and the shaving pot in their accustomed place. He then said that he remembered absolutely nothing else until he heard a knock and the shout "Milk. 3d. a quart." He then suddenly came to himself, and discovered that he was standing over his wife, who was dead with her throat cut. He became very excited at this stage and said to me, "Doctor, if that milkman had only shouted 'Milk. 3d. a quart' one minute before my dear wife's life would have been saved," which I considered very strong evidence of the unconsciousness of his act. He appeared to be very devoted to her. He has had periods of great depression while under observation and he has had one slight attack of this form of insanity in which he would do the things that his daughter has described.
Cross-examined. From my observation alone, apart from his history, he showed evidences of insanity. This attack which he had is called "masked epilepsy"; it only lasted two minutes. I did not question him as to what he said to the inspector when he gave himself up. During these periods his acts are automatic, and when on regaining consciousness, in my opinion, a person subject to such insanity does not remember the things that have happened. The fact that he remembers everything that happened after he regained consciousness is certainly consistent with his not remembering anything that happened immediately before he heard the milkman.
To the Judge. He may possibly have seen his wife in her final gasp, and that would explain his statement. One would have thought that she would have struggled involuntarily. When in a state of masked epilepsy people are liable to have most violent homicidal tendencies. Sometimes when a fit is due, instead of the fit coming on they will get homicidally maniacal. Sometimes these fits are so transitory that they are not even noticed by the persons themselves. From a criminal point of view they are the worst cases. Prisoner ought to have been certified years ago.
Verdict, Guilty, but insane. Prisoner was ordered to be detained during his Majesty's pleasure.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, June 10.)
Verdict, Not Guilty.