Vol. CLIII.] Part 792.
CENTRAL CRIMINAL COURT
HELD JUNE 28TH, 1910, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE.
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.
THE ARGUS PRINTING COMPANY, LIMITED, 10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, June 28th, 1910, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir WALTER GEORGE FRANK PHILLIMORE , Bart., one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir ALFRED JAMES NEWTON , Bart.; Sir JOHN CHAS. BELL , Bart.; Sir G. F. , FAUDEL-PHILLIPS Bart., G. C. I. E.; Sir J. THOMSON RITCHIE , Bart., Sir Wm. DUNN, Knight; Sir FRANCIS STANHOPE HANSON , Knight; and WILLIAM COOPER , Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K. C., Recorder of the said City; Sir FK. ALBERT BOSANQUET , K. C., Common Serjeant of the said City; and His Honour Judge LUMLEY SMITH , K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
RALPH SLAZENGER Esq.
J. D. LANGTON, Esq.
W. J. B. TIPPETTS, Esq.
CENTRAL CRIMINAL COURT.
KNILL, MAYOR. NINTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, June 28.)
Sentence, Two months' imprisonment, second division.
Williams was convicted last session (see page 197) of feloniously wounding the present prisoner, when Mr. Justice Grantham expressed the opinion that she should be prosecuted for bigamy.
Mrs. FLIZA UNDERHILL, prisoner's mother, stated that she had looked after her daughter as well as she could, and undertook to take proper care of her in the future.
It was stated that prisoner had falsified the register on the occasion of her going through the form of marriage with Williams.
Sentence, Six months' imprisonment.
HENSHAW, Henry (45, writer), and HENSHAW, Alexander (24, traveller, son of Henry Henshaw), pleaded guilty of demanding and obtaining from Rose Gladys Laughrin the sum of £1, the moneys of His Majesty's Postmaster-General, under, upon, and by virtue of a certain forged instrument, to wit, a Post Office Savings Bank Deposit book, well knowing the same to be forged and altered.
It was stated that in 21 cases the prisoners had opened a Post Office Savings Bank account in a fictitious name by depositing small sums, which they afterwards altered to larger amounts. In 14 cases they had succeeded in drawing these sums.
Sentences: Henry Henshaw, Nine months' hard labour; Alexander Henshaw, Four months' imprisonment, second division. The Recorder made an order that the moneys found on prisoners should be used to help defray the costs of the prosecution.
ELLIS, Arthur Thomas (32, dealer) , obtaining by false pretences from Charles John Dickins a banker's cheque for £500 on January 2, 1901; money to the amount of £450 on February 21, 1903; and a banker's cheque for £500 on July 6, 1903, in each case with intent to defraud.
Mr. Bodkin and Mr. Leycester prosecuted; Mr. White defended.
Mr. Bodkin stated that in March prisoner was convicted at this Court (see preceding volume, page 659) on similar charges. He appealed and in May the Court of Criminal Appeal, having heard the case twice argued, quashed the conviction (5 Cr. App. R., p. 41). Other charges were preferred which were contained in a second indictment, which was that now before the Court. He was committed for trial in respect of both charges, but if he had not waived the extradition proceedings the second charge could not have been proceeded with against him. Taking this fact into consideration, together with the fact that he had not availed himself of his right to apply for bail pending the hearing of his appeal, in consequence of which he had been six weeks in prison, it was proposed to offer no evidence on this indictment. The Recorder, assenting to this course, directed the Jury to return a verdict of Not guilty.
Prisoner confessed to a conviction on May 11, 1909, in the name of William Blackman, of being found by night having in his possession without lawful excuse implements of housebreaking, when he was sentenced to 15 months' hard labour. He had given himself up for the present crime, stating that he could not find work and preferred prison to the workhouse. Six previous convictions were proved against him, with sentences running from three to nine months.
Sentence, 12 months' hard labour.
Prisoner pleaded guilty to robbery without violence, which plea was accepted.
Prisoner confessed to having been convicted at Clerkenwell Sessions for felony on January 15, 1907, when he received three years' penal servitude and two years' police supervision, of which he had still 198 days to serve. He has been convicted many times for robbery with violence.
Sentence, Five years' penal servitude, the Recorder stating that there was no doubt that prisoner was a habitual criminal.
ALLEN, Henry Philip (29, accountant), pleaded guilty of, having been adjudged a bankrupt, unlawfully obtaining credit to the extent of upwards of £20 from certain persons without informing them that he was an undischarged bankrupt, to wit, from Richard James Allan Dawes and another £1,405 2s. 2d. between May 31,1910, and June 3, 1910, and from Walter Frank Hadrill and others £156 1s. on April 26, 1910.
A previous conviction was proved.
Sentence, Six months' hard labour.
TURNER, Frank (28, pianoforte tuner) , having been entrusted by Walter Busby with a bicycle for a certain purpose, did unlawfully and fraudulently convert the same to his own use and benefit; second count, fraudulently converting the proceeds of the sale of that bicycle to his own use and benefit; third count, having received the sum of £5 on account of Walter Busby, did fraudulently convert the same to his own use and benefit.
WALTER BUSBY (greengrocer and fruiterer). On May 13, 1904, when I was carrying on business at 237, Abbot's Road, Poplar, as a cycle maker and tobacconist, prisoner, who was a customer of mine, came to my shop and asked me if I had a lady's bicycle for sale as he had a customer for one for £5. I let him have one on the understanding that he was to sell it for £5 or bring it back the same evening and all he could get over the £5 he could keep. He agreed and took it away. On the 29th a friend of mine brought him in to my shop and I asked him what he had done with the bicycle. He said he had sold it for £5 and spent the money. I gave him two or three days to find it and if he did not I would communicate with the police. I never saw him again until last week at the police court.
Cross-examined by prisoner. You did not say you had lent the money. You did not say that you believed you could get £5 for it; you said you could do so.
To prisoner. I gave you £5 and I was to pay you another £1 for a new tyre. You gave me the lamp and the pump that you promised.
To the Court. I never saw him again after that. I heard of the bicycle he had to sell through my sister, who knew prisoner as going to the same church as she did. I never got a receipt.
Detective RICHARD WEDDEN, K Division. In 1904 I received a warrant for prisoner's arrest and I arrested him at 34, Shirley Road, Stratford, on the 11th of this month. On reading the warrant to him he said, "Oh, that's years ago. I did not think it would come to this."
Prisoner's statement before the Magistrate: "I never had a farthing of the money myself. I did it for a good turn, being promised that it should be repaid the evening after a concert. I paid for the refreshments and everything I paid for. They rehearsed a fortnight. I got nothing for it. Mr. Busby gave me two or three hours to get the money. I could not. He gave me till Sunday night. I went away from him and walked the streets all night. "
FRANK TURNER (prisoner, on oath). In 1904 I was introduced to a Mr. Perry, who was running a concert at Limehouse Town Hall, and he asked me to play for them. After rehearsing on Good Friday afternoon it was too late for the company to go home for tea and he asked me to pay for tea for them and he would see me "righted "afterwards. I did so. I also paid for refreshments on the Saturday and I lent him 20s. out of the £5 I got for the bicycle. On the Monday he came to me and said that if he did not pay the rent of the hall he would not be able to give the concert, and I lent him £3 10s., as the people had got the tickets and the place would have been closed but for me. I played for him on the Monday evening, too, and he promised to pay me for that and return the money I lent him with interest. The concert was a failure and I only got 12s. of my money back. I told Busby what I had done and he gave me two days in which to find it. Failing to get it, I ran away from home and walked the streets day and night. Some kind lady gave me food and lodging and some clothes and found me a job. I am a pianoforte tuner.
Cross-examined. I wrote to Busby that I could not get the £5. I did a fortnight's work rehearsing and got nothing for it. I can call the lady who befriended me.
Verdict, Guilty on counts two and three, with a strong recommendation to mercy.
Detective RICHARD WEDDEN. At the West Ham Police Court on June 3 prisoner was bound over for stealing a gramophone. At the time I obtained the warrant against him in 1904 there were two other similar cases against him. On inquiries from his employers one has said his conduct was satisfactory, but the other dismissed him through idleness. It has been his practice of late to take fees for music lessons and disappear after the first lesson.
Sentence, One month's hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, June 28.)
Previous convictions proved: July 6, 1909, City of London Sessions, six months as suspected person; and three summary convictions.
Sentence, 12 months' hard labour.
Mr. Robert Wilkinson prosecuted.
Sergeant HENRY DESSENT, H Division. On May 28, at 7. 30 a. m., I went to 2, Ryder Buildings, Bethnal Green, where I found prisoner in bed. I said, "We are police officers; there are three men in custody at Spalding named Edwin Jones, Charles Reynolds, and Henry Charles Talbot for possessing counterfeit coin. I have reason to believe you know those men and that you have been dealing in counterfeit coin. I am going to search your clothes and the bed you are now lying in." Prisoner said, "I will tell you the truth. I am minding some for a man." He then went to the head of the bed and took from under the pillow a packet wrapped in newspaper, which I found to contain 50 counterfeit florins wrapped in tissue paper—21 dated 1903, 10 of 1905, and 19 of 1909. From his waistcoat pocket I took a packet containing four counterfeit florins—one of 1903 and three of 1909. He was taken to Commercial Street Police Station, when he said, "I will tell you all about it. A man whose name I do not know has been paying me 2s. a day to carry snide (bad money) for him. I have met him in different parts of London; he hands me the stuff and I give it to the other' men as he directs me. I have only been doing it for a month. I do not know the men that are in custody at Spalding, but they send letters addressed to me and I hand them to him. I know they are orders for snide—I suppose he sends them; I have never done so. I have an appointment to meet him at the 'Angel. 'Islington, between 11 and 12 to-day, and if you like I will go with you and point him out to you. "I went to the "Angel "with the prisoner but did not see the man referred to.
WILLIAM JOHN WEBSTER , inspector of coins, H. M. Mint. The 21 and one florins dated 1903 are from the same mould; 10 of 1905 are from one mould; 19 and three dated 1909 are from one mould. They are all counterfeit.
Prisoner was stated to have been a hard working lad of good character for the past three years; for the past three months he had been suffering from phthisis, since which he had been assisting coiners.
Sentence, Five months' imprisonment.
Mr. Pickersgill, M. P., prosecuted.
counterfeit 1s. produced. I said, "It is a wrong one, governor," and returned it to him. He made no reply, and paid for his ale with a good 2s. piece.
THOMAS GEE , 3, Robertson Street, Battersea, tobacconist. On June 7 at 9. 30 p. m. prisoner asked for half an ounce of tobacco and tendered counterfeit 1s. I said, "That is bad. "He said, "I was not aware of it. "I said, "You cannot have it back. "He said, "You might give me half of it back and I can take it back to where I got it from. "I cut it through with a knife and gave him portion produced. Prisoner produced a purse and said, "You see I have no more bad money. "I examined the purse, which contained two half-crowns and a 2s. piece good money. He then left without making a purchase. I had suspicions, put on my hat and coat, and followed prisoner for about 200 yards into Queen's Road, where he met a boy to whom he handed something, and the boy gave something to prisoner. Prisoner then went into Stewart's shop, the boy standing nearly opposite in a gateway. I entered the shop and saw Stewart with a coin in his hand, and he said, "This is a light one. "I said, "Hold him, he has just been in my shop and passed one, while I catch the boy who has got the counterfeits on him. "I then caught the boy, and a police-constable took them to the station.
ALEXANDER STEWART , 164, Queen's Road, tobacconist. On June 7, at about 9. 30 p. m., prisoner asked for a packet of "Nosegay,"2d., and tendered counterfeit 1s. produced. I saw the coin was bad when Gee came in and said prisoner had been in his shop passing counterfeit coin and that he had got a boy outside giving them to him. I detained prisoner, who, with the boy, was taken to the station.
Police-constable JOHN RANGER, 70 W. R. I took prisoner to the station from Stewart's shop, searched him, and found two half-crowns, a 2s. piece, three sixpences, and 11d. in bronze good money.
Sergeant CHARLES GOGGIN, W Division. On June 7 prisoner and his son, Frank Hall, were brought into Battersea Park Road Police Station. I searched the boy and found in his right inside coat pocket three counterfeit shillings and a broken portion of another shilling (produced); 6d. silver and 4d. bronze good money; two half ounces and one 1d. packet of "Nosegay" tobacco. I told prisoner and his son they would both be charged with possessing counterfeit coin. Prisoner said, "I did not know what they was. I had been out on the beer and had them shoved into me. "They were then charged and made no reply. I was putting the packets of tobacco into an envelope when the boy said, "He," meaning the prisoner, "gave them to me. "When I took the coins from the boy's pocket he said, "He gave them to me. "Prisoner said, "I was down in the East End last week and got too much to drink and passed a sovereign in some public-house, and I must have got them in change. I was fuddled. "At the police court prisoner said, "I hope you are going to get the boy out of it. I gave them to him. "The boy was discharged by the magistrate.
Sentence, Three months' hard labour.
Mr. E. Metzler prosecuted.
FREDERICK LAMBERT (labourer), 2, Royal Naval Place, Deptford. On June 18, at 1. 40 p. m., I was leaving work in Farringdon Street when prisoner, who had been carrying meat with me, started arguing about the work. I said, "Come and have a drink"—which we did. He then started arguing again and struck me. I knocked him down, waited till he got up, and walked away to take a 'bus home, when prisoner came up and stabbed me three or four times in the face and head. There had been some dispute about my brother-in-law, Rock, having to carry the beef for prisoner on the previous day—it was nothing to do with me.
ADOLF ABRAHAMS , House Surgeon, St. Bartholomew's Hospital. On June 18 prosecutor was brought in to me. He was then bleeding slightly, but there had been considerable bleeding. On the right cheek he had a wound two inches long, half an inch deep, nearly penetrating the cheek, which I stitched up; another wound about half inch long, a wound on the left scalp, and a long scratch extending to the right ear. The cuts might have been made by a somewhat blunt pocket knife, like that produced. Prosecutor has attended the hospital as an out-patient until yesterday. He is now discharged.
(Wednesday, June 29.)
HENRY JAMES COLEMAN (carman), 10, Bryan Street, Hornsey Road. On June 18 I saw a crowd in Farringdon Street, including prosecutor and prisoner, whom I had no previous knowledge of. Prisoner struck prosecutor, who knocked him down, and then said to Rock, "Let it drop—we will go home. "They were turning off when prisoner took a knife (produced from his trousers pocket, went behind prosecutor and made three dashes at his face with the knife. Rock knocked prisoner down, took the knife away, and blew a police whistle.
Police-constable MARK SOUTHWELL, 362 B. On June 18 I was in Farringdon Street when I heard a whistle and found prosecutor bleeding badly. He said, "That man "(prisoner) "stabbed me with a penknife." Another officer took prisoner to the station. Prosecutor became unconscious and I took him on the ambulance to St. Bartholomew's Hospital. Both prosecutor and prisoner were sober. Knife produced was handed to me by Rock.
Police-constable JOHN CURRIE, 294 B. I took prisoner to the station He was. sober. He said, "I did not stab him. "
Prisoner was on December 25, 1909, sentenced at Guildhall to three months' hard labour for stealing a pig.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE PHILLIMORE.
(Wednesday, June 29.)
WOODHAM, William (35, craneman), and DURNELL, Sophia Elizabeth (52, charwoman) . Feloniously forging and uttering, knowing the same to be forged, a certain signature, to wit, the signature of Lydia Potter to a mortgage deed of a certain dwelling-house to the Woolwich Equitable Building Society for the sum of £300. Both obtaining by false pretences from Henry James Crimp a banker's cheque for £296 2s. 6d. and the sum of £21 2s. 6d., the goods and moneys of the Woolwich Equitable Building Society, with intent to defraud.
Durnell pleaded guilty.
Mr. Purcell prosecuted; Mr. J. P. Oliver defended Woodham; and Mr. G. St. John McDonald and Mr. Connor appeared for Durnell.
Mr. Purcell offered no evidence against Woodham, and the Jury were directed to return a formal verdict of Not guilty.
As to Durnell, Mr. Purcell stated that she had forged her mother's name to the mortgage deed and suppressed the fact that her mother was dead. She was executrix of her mother's will, and it was urged on her behalf that as she would eventually be entitled to a share in the property in certain events she thought she was justified in doing so. She had acted under mistaken advice and was willing to make what restitution she could.
Sentence, Nine months' imprisonment, second division.
TIPPETT, George (61, plumber) . Feloniously setting fire to the dwelling house of Henry Richards, the said Henry Richards and divers other persons then being therein; second count, feloniously setting fire to the said house with intent to injure.
Mr. Ricardo prosecuted; Mr. Gregory Fisher defended (at the request of the Court).
I knocked him down. He said, "All right, you b—g s—d! I will get my own back with you. I will burn you out to-night," and ran towards my shop. I happened to look back and I saw him at the shop with a crowd round. I went up and found he had struck my wife down. He ran away, and I stayed till the constable came, to whom I gave his name and address and said that I would summons him in the morning. I went away and returned about 12 p. m. The shop was closed. I sleep over the shop with my wife and seven children. A boy broke the window looking on to the street with a top, and I had put a board there to cover up the hole, which was about 3 feet from the ground. There were newspapers and books and fancy goods in the window. Anybody could put his hand through the hole and touch them; the board was not fastened. I went to bed, and I was awakened by a terrible banging at the door. I ran down the stairs and tried to open the passage door. They hit my finger with the pole that they were knocking the door in with. I found the shop was all on fire. I rushed and undid the shop door. I then got the children out. The neighbours took them.
Cross-examined. Prisoner and I have had a good many words, but not serious quarrels. About three weeks before this his wife, in a drunken fit, Woke one of my windows, and I wrote him this letter of April 18 (produced) threatening that if he did not have it mended I would have a summons served upon her and see her employer. I never told the policeman who came that prisoner had knocked my wife down.
EMILY RICHARDS. I am the wife of the prosecutor. A little after 8 p. m. on May 30 prisoner knocked me down outside our shop and threatened that he would set fire to me in my bed before the night was out. A witness who is outside was present; I do not know his name. I sent for the police and wanted to have him arrested and he said he could not arrest him because he did not see it done. He took his name and address.
Cross-examined. I did not tell the constable about his threat; I never thought anything of it. I do not know why he knocked me down. We let the shed at the back of our yard to him. He lives about six yards away from us.
GEORGE ADAMS , messenger, 12, Pit Street, Peckham. At 8. 30 p. m. on May 30 I was outside prosecutor's shop. As Mrs. Richards went to the door prisoner came along and deliberately struck her to the ground. He said, "I will burn you in your bed, you b—old cow," and then went away.
Cross-examined. I was not very friendly with him. I never threw stones at him unless he attempted to hit anybody. I never threw stones at him at all. I did not do that unless a gang of boys were throwing at him. I have not been one of the gang. I have never thrown stones at him or his shop. I walked away when I saw boys throwing stones. Nothing has happened to make us unfriendly. I am a little deaf. I am friendly with him, and have never quarrelled with him.
Re-examined. I have never spoken to him before this.
JAMES SHEPPARD , carman. I was in Blake's Road on May 31 when at about 12. 45 a. m. I saw flames in the shop at No. 93. I jumped off the van and tried to burst in the door with my foot, but could not do it. I took my pole and burst the panels in, and in doing so smashed the prosecutor's finger. He opened the door. When I got in the fire was in the window on the right hand side.
To the Court. I saw nobody when I saw the fire.
Police-constable JAMES STOOLE, 315 P., produced a plan of the surrounding neighbourhood of 93, Blake's Road, Peckham.
Police-constable JOHN CROOKES, 237 P. On the morning of May 31 my beat took me through Peckham Grove. At 12. 45 I saw prisoner, whom I know, by the pump at the junction of Peckham Grove and Southampton Street, coming from the direction of Blake's Road and going in the direction of Southampton Street. About two minutes after a man came running down from Diamond Street, and told me there was a fire in Blake's Road. I went there and found the fire at No. 93. It had been extinguished; the shop was full of smoke.
Cross-examined. I have known prisoner since last October. It is only a minute's walk from where I saw him to No. 93. He has passed me several times at about 11. 30, and he usually nods, but on this night he did not; he had a hurried apparance, and turned his head away. I thought there was something wrong.
Station-officer ALFRED WEST, Peckham Road Fire Station. We got a call on the morning of May 31. On arriving there I saw they had had had a small fire in the vicinity of the shop window; some of the stock in the window, and down close to the window itself, were damaged by fire. They had been raking the debris out of the window, and, no doubt, it had burnt the floor a little bit. There was about £5 worth of damage done.
To the Court. There is no doubt that the fire occurred in the window.
Cross-examined. There was a gas bracket hanging from the ceiling directly over where the fire originated, as far as I remember. There was a lot of inflammable material in the shop. On inquiry I found the gas had not been alight. If it had been it could not have had anything to do with the fire because the shop had been shut up two hours when the fire occurred.
Re-examined. It was an incandescent burner, and the mantle was intact when I saw it.
EMILY RICHARDS (recalled). To the Court. When I shut up the shop there was no gas alight, besides there is a glass casing over the things in the window, and they could only be got at from the outside.
Detective-sergeant JOHN BISSEL, P Division. About 11. 30 p. m., on May 31, I went to 80, Hornby Road, where I saw prisoner. I told him I should take him in custody for setting fire to Mr. Richards's house at 12. 45 on May 31, and thereby endangering the lives of his seven children. He made no reply, but commenced to struggle violently. With assistance I got him to the station, and on his arrival he said, "I can prove I was in bed at a quarter to one this morning. "When charged he said, "It's a lie from the backbone. "
Cross-examined. His house is quite near to the place where the fire was. I arrested him 24 hours after the fire. Prosecutor told me there was no feeling between him and the prisoner. The prosecutor and wife told me about the threats and that he had knocked the wife down, which I found to be true. Prosecutor also told me that he had knocked prisoner down.
GEORGE TIPPETT (prisoner, on oath). At 12. 30 this night I came out of the "Shakespeare" public-house at the corner of Diamond Court and Blake's Road, walked down Diamond Street, Blake's Road, and to 80, Hornby Road, my home. I went to bed at about 12. 40 and slept till eight the next morning. I then went to my shed next to this shop which had been burnt, and the first thing I heard of the fire was the boy who told me that the paper shop had been on fire. I said, "I suppose they want their insurance. "I went round and saw a few papers burnt, and I did not think much of it. I was in my shed all day till about night time, when they arrested me. I never struggled but walked quite quietly to the station. I have three little boys of my own, and God forbid I should ever have thought of doing anything like that. I should have been the very first to go and put out the fire. I have no ill-feeling towards the prosecutor. The beginning of it was boys throwing stones at me. He never knocked me down. He said, "What are you going to do about that window. "I did not strike him. I told him my wife did not break the window, and he said he would get her out of her employment and turn me out of the shed which I hired from him and which I had concreted. He encouraged the boys to throw stones at me. I have made several complaints to the magistrates, but they have done nothing for me. I went into the public-house at about 11. 30 p. m. I came out a little before 12,30 to see whether my shop was all right, because the boys had broken the door in earlier that evening.
Cross-examined. I did not threaten the prosecutor or his wife to burn their shop. I was coming past their shop when his wife came for me, and I went away from her and called the police. Adams was there. He is one of the boys who are always gambling for cigarettes and ginger beer; he is out of work and does nothing. I do not know why he should say that I used these threats, only that he rows in the same boat as they do. I did not knock the wife down, nor did she tumble down. She did not send for a constable; it was I. He said, "Did you strike her?" and I said, "No; she went for me." She said I had struck her. I am not known at the "Shakespeare" and I did not see anybody there that night who knows me. The owner of the house would know I was there. I am not a notorious character in the neighbourhood. I do not know P. C. Crooks to nod to and I have never nodded to him. He must be mistaken in his evidence.
Mr. Justice Phillimore stated that he felt some difficulty as regards the form of the indictment, since it was for burning the dwelling
house, whereas the evidence only went to show that it was the contents of the shop which were burnt.
ALFRED WEST (recalled). To the Court: Some stock in the window was damaged by fire, and in close proximity to the window there were one or two fittings slightly scorched. There was a good deal of broken glass about.
Further re-examined. I suspected prisoner of doing this, and the first thing I did when I saw the fire was to call out for him.
Further cross-examined. They have repaired the damage now. The fire damaged the window—all at the side of the wall where the case is.
Mr. Justice Phillimore said he thought this further evidence was enough to prove that the dwelling house was set fire to.
Verdict, " Guilty, but we would like to add that he seemed to have acted under great provocation. "
Prisoner confessed to a conviction of felony on January 7, 1908, at the Lambeth Police Court for stealing gas fittings.
Detective Sergeant JOHN BISSEL proved a number of previous convictions against prisoner, a large proportion being for assaults, and stated that he was a terror to the neighbourhood; had a most violent disposition, and had been kept for the last two years by his wife.
Sentence, Four years' penal servitude.
GLASSETT, James (40, labourer) and GLASSETT, Alice (38), pleaded guilty of, having the care of Alice, Roberts, James, Mary, and Ernest Glassett, respectively under the age of 14 years, willfully neglecting them in a manner likely to cause them unnecessary suffering and injury to their health.
An inspector of the N. S. P. C. C. stated that prisoners were in extremely straitened circumstances; that since proceedings had been taken last year improvement had been shown in the case of the children. They were released on their own recognisances in £5 each to come up for judgment if called upon.
Mr. Cotes-Preedy prosecuted.
ROSINA MAYNARD. I live with prisoner, who is my husband, at 2, Stibbington Street, Somers Town. About 8 a. m. on May 20 I woke up because I was stunned. My husband was standing against the bed with a hammer in his hand. I was bleeding from the neck. I got up and went to make for the door, when stabbed me twice on the left side of my stomach and hit me on the head with the hammer, and I fell down. I went downstairs and said something to Mrs. Woodford. I became unconscious and was taken to the hospital. When I first woke up I told him I had a bump on my head, and he said, "You
silly girl—you have been the cause of all this." I did not cause the wound in his throat.
Cross-examined by Prisoner. I wrote this letter to you of June 16 saying that I would come back to you after I got out of this trouble if you would alter, and that I would keep myself to myself and not go to the "Northumberland Arms "again, as it had been my down-fall.
To the Court. I had gone away from him to another man, and he came and brought me back on the day before this happened. The youngest is two years old and my eldest 11. The baby was not in the bed that night, and I did not wake up and say that I would throw it out of bed if it did not stop crying. I did not say to him if he started grumbling I would go out again. On the afternoon he brought me home in joking I said to him, "If you start grumbling I shall do what I like and go where I like, and there will be plenty enough left for you. "I never slept with the School Board man at Kentish Town; he only gave me a ticket for two pairs of boots. I have never been away with any other man except the one he brought me away from; I was three nights with him because my husband and I had a few words. I was keeping him at the time out of the 7s. 6d. I got at the "Northumberland Arms. "He has been at Reid's bottling stores as a packer. He tried to earn something at selling flowers, but he gave it up.
ROSE MAYNARD. I am 11 years old, and sleep in the same room as my father and mother. I woke up one morning, and I saw father had his knife into mother's neck and stomach. Mother was asleep at the time, and when she woke up father hit her on the head with a hammer. She walked downstairs; she did not tumble down at all. I saw father put the knife into his own throat twice.
To Prisoner. I am sure you hit her with the hammer, because mother had got a bump on her head. You put it on the table again.
MARTHA WOODFORD , 2, Stibbington Street, Summers Town. About 30 a. m. on May 20 Mrs. Maynard came downstairs bleeding very much from the head and her lower part. She said something to me. I sent for the police. I went upstairs and I saw prisoner with his hands behind his back. He was bleeding.
Police-constable EDWIN DAY, 62 Y. In consequence of information received, at 8. 30 a. m., on May 20, I went to 2, Stibbington Street, where I saw prosecutrix on the landing of the first floor bleeding from wounds in the body, arms, leg, and head. I went into the front room, where I saw prisoner bleeding from a wound in the neck. I told him I should arrest him for stabbing his wife, and he said, "I done it with a long flat-handled knife in the drawer. She stabbed me in the struggle. She has been away with another man. I took this knife (produced) out of the drawer. In prisoner's presence prosecutrix said, "I was lying asleep with the baby on my arm when he dug me. "He said nothing. There was also a white handled knife on the table wet with blood. I took them both to the hospital.
To Prisoner. On the Tuesday morning previous to this you reported at the police station that your wife was missing, and then you came back saying that you had found her.
LESLIE TROTTER , House Surgeon, University Hospital. Between 9 and 10 a. m., on May 20, I examined prosecutrix and found she had two scalp wounds, one about one and a half inches long, and another two and three-quarters inches long on the top of her head, running down to the bone, but without injuring the bone. I could find no bruise, and concluded they must have been caused by a knife. On the side of the neck there were three short and very superficial wounds about half an inch long. On the left forearm there was a deep gash about one inch long, and on the abdomen there were two jagged cuts about three-quarters of an inch long, and not more than skin deep. She was rather collapsed and she had lost a moderate amount of blood. There was no sign of concussion. If she were struck by a hammer, the blow could not have been a very hard one. It is possible that this long black-handled knife could have caused the wounds on the top of her head and that in the prisoner's throat. It was half an inch long and about three and a half inches deep. She left the hospital on June 3. (Witness was requested by the Court to examine prosecutrix's wounds.) The wounds have completely healed up. They certainly do not require any dressing now. I did not examine the stomach.
Inspector ARTHUR NELL, Y Division. On May 20 I saw prisoner at the station. He was then suffering from a wound in his throat, which had been dressed, but, owing to a likelihood of it becoming serious he was taken to the hospital. Before being taken there I told him that he was detained on a charge of attempting to murder his wife. He said, "Yes, it's all through jealousy," and then, referring to the wound in his own throat, he said, "I got this in the struggle. "On the morning of May 27, after his discharge from the hospital, I charged him, and he said, "I was in a frenzy. I do not know what I did. It was all through my wife going away with another man."
Prisoner's statement before the Magistrate. "My wife has been acting very wrongly this last twelve months. She has been cohabiting with two other men and been out all night now and again. I have cautioned, her. She has told me she has been at work, and when I have inquired at her work she has been done two or three hours and gone to the Alhambra with a School Board man and come home at 30 a. m. She had been away for three nights before the night on which this occurred. On Tuesday afternoon I went to the police station and reported her as missing. On Wednesday she wrote a letter to her mother to ask me how I took it, her being away, and asked if I would take her back. Her mother gave me the letter. I went to the address at Notting Hill. I saw the man's sister who she was with. She told me where to go and find my wife along with her brother. I went there and found my wife in the man's room. That was on Thursday, May 19. She had one child with her, and left me with three. I told her to come home. That was about 8. 30. She came home. She was not upset. She said if I grumbled she would run away again, that she would do as she liked, have all she could get, and there would be plenty left for me. We were all right together in the afternoon and evening. we went to bed. she woke
up two or three times. Baby was cross. She said, 'If you grumble I will go out. 'I went out and had several drinks. I came back and lay on the bed again. She spoke about another man. I went to sleep and woke up. I did not know what I was about. It came over me suddenly. "
ALFRED MAYNARD (Prisoner, on oath). My wife has been my down-fall, but I have promised to take her back and look after her and the children. I did not know what I was doing at the time. It upset me so much when she spoke that night about the other man and going to "chuck "the baby out of bed that in order to cool my temper I went out at about 5. 30 a. m. I had two or three drops of brandy, and it made me worse. I had to get back soon for fear she would go off again. I laid on the bed and then I woke up, and I do not remember anything else. I did not know what I had done until the little girl told me.
Cross-examined. I thought at first she had cut my throat in the struggle. It is true that I said before the magistrate that I went out before she spoke about another man; I was confused. It is true that she spoke about him after I had come back. I went to sleep after that.
Verdict, Guilty of wounding with intent to do grievous bodily harm. A conviction in 1891 for stealing and one in 1904 for breaking a window were proved against prisoner. It was stated that he had been in the same employment nearly 17 years, but he had lost his situation through drink.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 29.)
FARLIE, William James (49, clerk) . Being employed in the Public Service of His Majesty and having been entrusted with certain valuable securities, to wit, a banker's cheque for £18 17s. 5d. on February 23., 1910, a banker's cheque for £7 2s. 6d. on March 30, 1910, a banker's cheque for £7 Is. 4d. on January 13,1910, a banker's cheque for £37 14s. 3d. on February 10, 1910, a banker's cheque for £22 11s. 11d. on February 7, 1910, one postal order for 20s. and one postal order for 16s. on November 2, 1909, the sum of £4 7s. 6d. on or about February 1, 1910, in each case did fraudulently and feloniously convert the same to his own use and benefit; having received certain property, to wit, a banker's cheque for £18 17s. 5d. on February 18, 1910, a banker's cheque for £7 2s. 6d. on March 30, 1910, a banker's cheque for £7 1s. 4d., on January 13, 1910, a banker's cheque for £37 14s. 3d. on February 10, 1910, a banker's cheque for £22 11s. 11d. on February 7, 1910, two postal orders for 20s. and 16s. respectively on or about November 2, 1909, and the sum of £4 7s. 6d. on or about February 1, 1910, for and on account of the Commissioners of Inland Revenue, did fraudulently convert the same to his own benefit; being a servant to the Commissioners of Inland Revenue did on divers dates wilfully and with intent to defraud omit certain material particulars from certain books, to wit, a cash book and receipt books, the property of the said Commissioners of Inland Revenue.
Mr. Pickersgill, M. P. prosecuted; Mr. G. Cecil Whiteley defended.
Prisoner pleaded guilty of fraudulently converting, which plea was accepted by the prosecution. Prisoner was stated to have been otherwise of good character and to have retained the moneys with the intention of returning them when called upon to make up his accounts.
Sentence postponed, prisoner being remanded in custody to Saturday, July 2, when he was sentenced to six months' imprisonment, second division.
HAWKINS, William (24, labourer) and SMITH, Henry George (18, porter) , both robbery with violence upon Kate Sharp and stealing from her one leather bag, two postal orders of the value of 10s. 7d., and the sum of £2, her goods and moneys.
The prisoners pleaded guilty of the robbery without violence, which plea was accepted by the prosecution.
Hawkins was proved to have been convicted of shop breaking at North London Sessions on February 11, 1908. in the name of Holt, and sentenced to 18 months' hand labour and license revoked; following a number of other convictions, including three years' penal servitude in 1905; the present crime was committed on May 24, 1910, six days after his discharge. Smith was sentenced at Enfield on April 18, 1910, to one month's hard labour for stealing 19s. 8d. from a gas meter; on January 17,1910, bound over for stealing £8.
Sentence: Hawkins, Five years' penal servitude; Smith, 18 months' imprisonment in a Borstal institution.
GAREY, Arthur Henry (45, blind maker), pleaded guilty of procuring the commission by Frank Tober, a male person, of an act of gross indecency with another male person, to wit, with himself, the said Arthur Henry Garey.
Sentence, Four months' hard labour.
Verdict, Guilty. Sentence, Six months' hard labour.
Sentence, Two days' imprisonment.
TURNER, William James (34, carman) , being entrusted with certain property, to wit, six tables, the goods of Solomon Mendelsohn, did fraudulently convert the same to his own use and benefit; being entrusted with the said property for sale did fraudulently convert the proceeds thereof to his own use and benefit.
Prisoner pleaded guilty of the second count for converting the proceeds, which plea was accepted by the prosecution.
Sentence, Three months' hard labour.
Mr. Pasmore prosecuted. Mr. Purcell defended.
Sub-Divisioned Inspector Arthur Seymour, J Division. On May 24, 1910, I received a letter, and spoke to the prisoner. He said, "I am deeply grieved to say I committed bigamy. In October, 1906, I married Florence Adelaide Hall at the Registry Office, Mare Street, Hackney. From 1902 to 1907 I had no news of my first wife, thought it possible she was dead, and contracted my second marriage. In September, 1899, whilst at Wellington Barracks, I was summoned to rejoin my regiment, the 2nd Queen's Royal West Surrey Regiment, and I proceeded with it to South Africa, where I remained till August, 1902. I married my first wife Rosina Dayborn at the Registry Office, Guildford, in April, 1898, and left her in England during my absence at South. Africa. About the early part of 1902 I heard that my wife had misconducted herself, and I have never cohabited with her since going to South Africa. In October, 1902, I saw her at Waking Railway Station, and took my child from her, but had no conversation with her." Those facts were reported to the Commissioner of Police. I produce certificate of prisoner's marriage with Rosina Dayborn at the Registry Office, Guildford, in April, 1906, also certificate of his marriage with Florence Adelaide Hall at the Registry Office, Mare Street, Hackney, in October, 1906.
Cross-examined. Prisoner entered the police force in 1902, has been eight years in the Metropolitan Police, and during that period has borne an excellent character. He was previously for ten years in the Army; went through the South African campaign under General Buller, and holds the medal with five bars and the King's medal. The second wife makes no complaint against him, and is anxious that he should be restored to her.
Cross-examined. I have heard that while prisoner was in South Africa his first wife was delivered of twins; and that the War Office stopped the payment to her of ninepence a day, and that other gratuities were stopped from voluntary societies.
WILLIAM DAYBORN , 25, Rose Bank Cottages, Woking. Rosina Dayborn is my daughter, and is present here. I saw prisoner in 1899 when he left for South Africa, and not after that till 1907. While he was away his wife received his pay.
FLORENCE ADELAIDE HALL , 8a, Gordon Road, Stoke Newington. On October 17, 1906, I went through the form of marriage with prisoner at the Registry Office, Hackney. He has treated me very well indeed. We are now supporting the child of his first wife.
FREDERICK JOSEPH DYER (prisoner, on oath). I was for three years in the employment of the South Western Railway Company, left with a good character and joined the Militia, was transferred to 2nd Queen's Royal Surrey Regiment, went out to South Africa in September, 1899, served under General Buller through the South African War, and hold the medal with five bars and the King's medal. I returned to England in August, 1902, entered the Metropolitan Police, Division, and have been there up to the present time. When I left for South Africa, I arranged that my wife should have ninepence a day out of my one shilling a day pay, which was paid her by the War Office. I received a communication from the War Office in the beginning of 1902, and ascertained that she had been delivered of twins, of which I could not have been the father. I had left her with her mother, who is a thoroughly respectable woman. I heard that one of the twins had died, and when I returned to England I ascertained that she had then got two children. In 1902 I got my own child away from her, and saw and heard no more of her till 1907. In 1906, when I married Florence Adelaide Hall at Guildford, I did not know where my wife was, and thought that she was, possibly, dead.
At the suggestion of the Judge, Mr. Purcell said he could not resist a verdict of Guilty, which was returned by the Jury.
The Common Sergeant said this was a case in which a man in the prisoner's class of life could scarcely be expected to take means of legally dissolving his marriage. He would not pass any sentence, but bound prisoner over to come up for judgment if called upon. He directed Inspector Seymour to report that in the Judge's opinion, if it were possible, the prisoner ought not to suffer as a man who has been convicted of bigamy, and that if the Commissioner of Police desired to hear more he would desire him to communicate with the Court.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, June 29.)
VINCENT, Gaius Thomas (43, stockbroker) and DAWSON, Francis (53, stockbroker) . Both conspiring and agreeing together and with others unknown by false pretences to obtain from such liege subjects of the King as should be induced to deal with them and entrust them with moneys and valuable securities, divers large sums of money and valuable securities, and to defraud them thereof; both obtaining by false pretences from Heathcote Smith a banker's cheque for £5, from Peter Harper a banker's cheque for £5, from Ada Georgina Hall a banker's cheque for £5, and from Albert Robert Walford postal orders of the value of £5, in each case with intent to defraud; Vincent obtaining by false pretences from Heathcote Smith a banker's cheque for £5, and from Albert Robert Walford a banker's cheque for £20, in each case with intent to defraud.
Mr. Leycester and Mr. Stanley R. Crawford prosecuted; Mr. C. F. Gill, K. C., Mr. E. Lunge, and Mr. Horace B. Samuel defended Vincent; Mr. Walter Stewart and Mr. Herbert B. Samuel defended Dawson.
These charges arose out of two businesses, one controlled by Dawson under the style of Bruce, Desmond and Co., the other controlled by Vincent under the style of McPherson, Brady and Co. Both firms described themselves as "stocks and shares and securities dealers. "Circulars were issued in large numbers giving particulars of "triple deal "operations in shares, prisoners representing that they had peculiar sources of information, and that if their instructions were followed huge profits must be made; one of the "instructions "being that if one deal showed a loss further "cover "should be sent on account of the following deal. The method was that, upon a customer sending a remittance, an account would be opened in his name; a purchase of some stock would be entered at a certain price in the books, and a bought note sent to the customer. When the stock could be sold at a profit this deal would be closed and the customer informed of his good fortune. The amount of investment and "profit "would then go to the purchase of another stock; when this stock fell, the customer would be told that he must send further cover. In the majority of cases, all the money was lost on the second deal; the few people who went on were disposed of by losses on the third operation.
The conspiracy charge was first taken.
WILLIAM POPE. I am landlord of 98, 99, and 100, Finsbury Circus Buildings, £. E. C. On April 21, 1909, I let those offices to Dawson at a rent of £92 10s. per annum. The names that appeared on the offices were Bruce, Desmond and Co., and some other I forget.
HENRY ARCHIBALD SMITH , cashier, London Trading Bank, Coleman Street, E. C. Francis Dawson opened an account at our bank on May 13, 1909, in the name of Bruce, Desmond and Co. and operated on it. The last operation was a payment in of £18 on May 24, 1910.
CHARLES KING , manager, Coleman Street branch, London and South-Western Bank. Dawson opened an account at our bank in the name of Bruce, Desmond and Co. on February 2, 1910. It was still open on May 3, when there was a credit balance of £37 odd.
Rev. HEATHCOTE SMITH Denham Vicarage, Bury St. Edmunds. I received circulars from Bruce; Desmond and Co., and believed them to be dealers in stocks and shares, and that what they stated in the circulars would be carried out. I believed the words, "Here is an outline deal for the purpose of following our trusts "to be an example of what might be carried out by them. I do not mean that they referred to examples actually taken from their books, but an outline of what they proposed to do. I wrote them a letter on July 8 enclosing order form
and a cheque for £5, which has been debited to my account at the bank. I received an acknowledgment on July 12 with a letter, "We herewith enclose you opening contract for the first deal in connection with our corporation in which you take part. We hope to write you shortly that the same has been successfully closed." That also enclosed contract note, "We beg to advise that we have this day sold on difference account 25 shares Chesapeake and Ohio Railway Common at 80. "The words "on difference account "were certainly a puzzle to me. I took it that my money was invested in this railroad. I have no knowledge of having come across the words "Sold on difference account" in any previous matter I have ever had to do with. I did not regard them seriously. I did not see the terms on the back of the contract note before I parted with my money. On July 14 I received another circular headed "How money makes money," which has an example of a guaranteed trust consisting of six operations. On July 20 I got another circular beginning, "We congratulate all those who last followed our instructions to success and have also received their profits and principal in full." That shows how by investing £5 a profit of £40 is to be made. I understood it was a transaction in which they bought and sold for a profit, which profit would accrue to those who sent the money.
Cross-examined. I understood that if there was any loss it was not to fall on me. I have had no previous transactions of this character. I have invested money previously with Stock Exchange brokers. I entered into this transaction on the strength of the guarantee that if there was a profit I was to have it. I do not suggest that if there was a loss it should fall on somebody else's shoulders. I received information from them that the transaction in Steel Commons had resulted in a loss and had absorbed my £5. I do not suggest that the prices at which the stocks were purported to have been dealt in are not the true figures. I agreed before I parted with my money to act upon their instructions as stipulated in their circular, but it was on the strength of their guarantee to send me profits and principal. I thought I was dealing with straightforward people. They warned me of the loss and asked me to send further cover. I did not send it. I believe they wrote me that the drop was only temporary, that the price was now roundabout 72 and was expected to go to 80. I did not allow myself to be guided by their advice. I do not suggest that there is any undertaking on their part to close deals in any specified period of time.
PETER HARPER , advertising agent, 29, New Bridge Street, E. C. I received a circular from Bruce, Desmond and Co. in July last. It shows on the face of it that a person investing £5 gets £40. On July 21 I sent them a cheque for £5. We had further correspondence. On receiving their letter of July 29 about a temporary fall in Steel Commons I called at Finsbury Circus Buildings and left an envelope on which I had written, "I shall expect to-morrow morning a reply to my letter of to-day. "I informed the police of my experience and showed them the letters.
Cross-examined. I have bought and sold shares through my stock-broker as investments. This was my first speculation in differences. I had an idea of what dealing in differences meant. I sent the money up in order to get information as to the nature of the transaction. I had an idea that their circular was specious and audacious and I was determined if it proved a fraud, to give information for a prosecution. If there had been no representation made there would have been no cheque sent.
ALBERT ROBERT WALFORD , medical electrician, Worthing. I received circulars from Bruce, Desmond and Co. I thought they were stock and share dealers and in a position to deal with my money. I sent £5. On December 9 I received a letter from them saying my first deal had resulted in a profit. On December 15 I received opening contract for the second deal. This was in Rock Islands. On the 17th they wrote that Rock Islands had fallen and they required further cover of £10 or they would have to close the deal. I did not send it. I wrote on December 22 that unless they returned my £5 which I had entrusted them with on the faith of their guarantee, I should place the correspondence with the Official Receiver.
Cross-examined. I have had similar transactions. It took it they would deal properly with my money based on their circular. I do not say I took it for granted they would gamble in differences for me. I do not deny that is what I was prepared for. When I wrote and told them I would mention their business to my friends I did not mean that they must show a profit to-me at any rate. I thought they were not keeping up to the text of their circulars. I left it to them as to whether they bought for the rise or for the fall. I do not suggest the prices which they quoted to me were not genuine. What I complain of is that I naturally thought they would protect my interests and select a stock for me, either way, based upon the argument of their circular.
Mrs. ADA GEORGINA, Brighton, gave similar evidence.
(Thursday, June 30.)
THOMAS JAMES PARKINSON , traveller, Argus Printing Company, 10, Temple Avenue, E. C. I have done printing for Mr. Vincent. He introduced me to Bruce, Desmond and Co., or rather Dawson, who gave me an order for two sets of circulars.
DAISY STOKES. I have been clerk and bookkeeper to Bruce, Desmond and Co. for about 12 months. Dawson was Bruce, Desmond and Co. I was in Vincent's service and he introduced me to Dawson. Vincent carried on business as Macpherson, Brady and Co. I was in their employ for about two months. I kept the books of Bruce, Desmond
and Co. and opened their accounts. I opened the letters if I was first to arrive and handed them to Dawson. I saw no callers. Dawson may have seen them; I was in another office. If there were postal orders or cheques in the letters I paid them into the bank after handing them to Dawson. I sent circulars out, addressing them from a written list which Dawson gave me. I do not know in whose writing it was; Dawson did not tell me. I do not think more than £30 was received in any week from clients. I sent the receipts and made the entries in the ledger. I opened an account in the Rev. Heathcote Smith's name on July 9 with a credit of £5. I opened a deal on Dawson's instructions, and sent him a contract. Dawson would tell me to open a deal in a certain stock at a certain time of the day at the price quoted in the "Standard "or the "Globe. "I took in several editions each day. I kept a record of the highest and lowest prices. Mr. Heathcote Smith's contract note was a sale to him of 25 Chesapeake and Ohios at 80 dollars. The highest and lowest prices that day were 80 1/2 and 79 respectively. If they ran up to 81 he would make a profit. On the 10th a closing note was sent closing them at 81. The highest price that day was 81 3/4, and the lowest 80 1/2. It was booked at 81 because it was a one dollar margin, and he could not make more than a £5 profit on a £5 deal. If clients' shares fell I told Mr. Dawson and he would give me a letter to send to the client. We waited to see if clients sent further cover before closing a deal. If a stock rose we should send a closing contract showing a profit and make an entry in the ledger. Then we would open a second deal. Mr. Dawson would instruct me. I opened a second deal for Mr. Heathcote Smith, fifty United States Steel Common at 73 7/8. The highest price that day was 73 7/8 and the lowest 72 1/4. The highest price next day was 73 and the lowest 71 7/8. Mr. Dawson dictated a letter asking for further cover. The amount of the cover asked for would be fixed according to the price the stock had fallen to. This deal was closed on July 24 when the prices were—highest, 73 1/8; lowest, 72 3/4. I think most clients lost on the second deal. Some had more than three deals. One client had as many as seven; that was when the money was divided into two portions, and put into two deals—a different kind of deal. During the 12 months I was there no profit was paid to any customer. We sold at the highest price and bought back at the lowest. I do not know of any dealings between Bruce, Desmond and other brokers. I never saw any contract notes or cheques from other brokers.
Cross-examined. I have been pressed to give evidence by the detectives, as if I did not they said I might be charged with complicity.
Detective-inspector MCLEAN, City Police. I saw Vincent at 5 a. m. on April 26 going into his office in Basinghall Street. He remained there till about 10. 35, then went to the saloon bar of the "Dolphin "in Coleman Street, where he joined Dawson, who was waiting for him. I told them I was a police-officer and held a warrant for their arrest. Vincent said, "Well, I am surprised." Dawson said nothing. I took them to Old Jewry Detective Office
where I read the warrant to them. Vincent said, "What name did you say; you might read the name again. "That was Heathcote Smith. He replied, "I do not know him. "Dawson made no reply. They were afterwards charged, and neither made any reply.
Detective-sergeant Ernest ERNEST NICHOLLS, City Police. On April 26 I went with other officers to Bruce, Desmond and Co. 's offices at Finsbury Circus Buildings, and seized a number of books and documents of which I made a list. Among the documents were letters from the Rev. Heathcote Smith, Mrs. Hall, and Mr. Walford. Inside a ledger I found drafts of some of the letters that have been referred to.
Detective ARTHUR THORPE, City Police, deposed to his examination of the accounts.
Detective-constable JOHN LOATES. During September last I was watching defendants. As a rule Vincent would go to his office and then to the "Woolpack," Moorfields. When he came out of there Dawson would be with him. This happened pretty well every morning. They would then go to the "Swan "in Great Swan Alley, or the "Bodega "in Bucklersbury. They would then go to Waterloo on the tube. I used to see them leave by train, and I left.
Mr. Gill submitted that on the evidence there was no case to be left to the Jury against Vincent on the conspiracy count of the indictment; nothing had been proved to connect him with Dawson's operations as Bruce, Desmond and Co. Judge Lumley Smith concurred, and the Jury returned a verdict of Not Guilty on that count.
Dawson was then tried on the charge of obtaining money by false pretences from Smith, Harper, Hall, and Walford. No evidence was offered on behalf of prisoner.
(Friday, July 1.)
Vincent was then tried for obtaining money by false pretences from Smith and Walford. The evidence as to the operations of Vincent as McPherson, Brady and Co. was substantially similar to that in the case of Dawson. Prisoner called no evidence.
(Saturday, July 2.)
Sentences: Each prisoner Six months' hard labour on each count, to run concurrently.
BEFORE THE RECORDER.
(Thursday, June 30.)
COHEN, Joseph (60, fishmonger) , unlawfully taking Casimiera Minelya, an unmarried girl of 14 years of age, out of the possession and against the will of Casimir Minelya, her father; second count, taking her out of the possession of Mary Usiute, another person having the lawful care and charge of her; third count, assaulting Mary Usiute.
Mr. Bodkin and Mr. Patrick Hastings prosecuted; Mr. Marshall Hall, K. C., Mr. Hawke, and Mr. Kern defended.
Baron ALPHONSE DE HEYKING, Imperial Russian Consul, London. On April 27 I received from Russia certain documents connected with the habeas corpus proceedings for a girl called Casimiera Minelya. This purports to be an extract from the register of births in the Roman Catholic community, and says that she was born on November 3, 1895, as the legitimate child of Casimir Minelya and his wife, whose maiden name was Friedland, and that her godparents were Constantine Yurgitis and Helena Volovitch. This is a correct translation (produced). The register from which this is an extract is kept by the priests in accordance with the Russian law, and bearing the official seal as this does would be accepted in evidence there as to the birth of a person.
Cross-examined. All the registration of births is done by priests, and the register that the birth is entered depends upon what religion the parents belong to. I suppose it would be the first duty to communicate the birth of the child and then have it baptised; but I have no real knowledge of it. If the child belongs to no faith its birth would not be registered. It would not be recognised. What I have produced is a baptismal certificate and it states when the child is reported to have been born. The courts would accept such hearsay evidence.
Re-examined. The priest must register the date of birth on the certificate. It is certified by Digaitis, the priest, of Polenski.
CASIMIR MINELYA. I am a Lithuanian, and am at present living at 107, Cable Street, the house of M. Matulaitis. I come from the village of Pegili. I married Mary Friedland, daughter of Louis Friedland, and lived on my farm there. My sister-in-law married a Mr. Levy. I have six children, the eldest being Helena, and the next, Casimiera, was born on November 3 (old style), 1895. She was baptised by a Catholic priest in Polepai. I do not remember how soon after her birth she was baptised. Her godfather was Constantine Yurgitis. I cannot remember her godmother's name. The Friedlands have left Lithuania. I intended leaving Lithuania, and it was arranged that my wife should go before me with Suzanna, Casimiera, and Ludlisas, and I was to follow with the rest of the children. I followed her to Konigsberg, where, in March, she died. Before I reached there I found that the children had been sent to London. I came here in the early part of May to get them. I took legal proceedings, and the Court handed them back to me. They lived with me at M. Matulaitis's house. They were returned to me on the Tuesday, and I had taken tickets for the return journey on the following Saturday, June 4. On the morning of June 3 Casimiera asked me if she might go out with Usiute, M. Matulaitis's servant, and I said she could. Usiute returned without her, and I have never seen her since. I never gave Usiute permission to give her into anybody else's possession.
Cross-examined. My wife was a Jewess. I married her in 1894 according to the Catholic rights. She may have been 18 months away before she died. I simply sent the children with her as companions while she was ill. She was not ill when she went away. She left with all six children, and I afterwards got back three. I gave her 270 roubles and had to let my farm to do it. I am now working as a shepherd and a priest paid my expenses to come over here. Casimiera is as tall as I am. I do not know that she made a statement on oath in the legal proceedings. I cannot read nor write.
Mr. Bodkin objected to the admission of the girl's statements in the Habeas Corpus proceedings.
Mr. Marshall Hall stated that his questions were intended to show that the prosecution was not a bona fide one, and that he was anxious to prove from the witness that the girl herself did not wish to be taken from the country.
The Recorder held that any affidavits made in the Habeas Corpus proceedings, could not be admitted.
Cross-examination resumed. I went to Konigsberg in June, 1909, before my wife died, and signed a document. I did not give my wife permission then to resume the Jewish faith. She never asked me before she died to be buried in the Jewish Cemetery.
Mary Usiute, servant to Casimir Matulaitis, 107, Cable Street. I remember Minelya's children coming to the house. About 9. 30 a. m. on June 3 I went with Casimiera to the Jewish market to buy some socks for her. I have known prisoner as a herring dealer in that market for three years. When we got there it was packed with Jews of all nations. A Jewess did not speak to me and I never heard anyone speak to Casimiera. A Jewess caught hold of her by the arm and tried to pull her away from me. We were surrounded by Jews. I caught hold of Casimiera by the skirt and shawl and prisoner came up and, catching hold of me by my collar in the front of my throat, said in Polish: "What do you want of her—you cursed swine? You are a Catholic, and she is a Jewess. "He took away the basket that I had with me. He was choking me and my buttons were torn out. When I was able to do so I shouted for a policeman and he let me go. Then some other man placed his hand in front of my mouth. I saw nothing more of Casimiera. I went back and told Mr. Oleck and Mr. Matulaites what had occurred and they returned with me to the market. Prisoner was standing beside his barrels of herrings and I pointed him out to a policeman. I could not hear what he said to him.
Cross-examined. She is much taller than I am. It was she who wanted to go to the market. It was a very busy day there. This is a good photograph of it (produced). There is a slope at the entrance and there were very many people at this narrow part. I know the man who sells hosiery, though I do not know his name is Schankin. She did not try and pull away from me, nor did she run away. Mr. Matulaitis, the priest, was surprised and angry when I told him. He said we must go and find the man who caught hold of me; I told him it was the prisoner. He was the only man in the market I knew by name.
Re-examined. I have never had cause to complain of prisoner before.
JOSEPH OLECK , passenger agent, 291, Cable Street. I know prosecutor and his family. I was in the Rev. Casimir Matulaitis's house when Usiute returned without Casimiera on June 3. She was very hysterical and her hat was hanging on the side of her head. In consequence of what she said I went with her and the priest to the market, near which we saw the constable. We took him into the market, where Usiute without hesitation pointed out prisoner as the man who had assaulted her.
To the Court. On her return she complained of being assaulted. I did not notice her collar or throat. I did not see any bodily signs of assault; I did not look for them. She had not her shawl or basket.
Cross-examined. It would be about four minutes' walk from the priest's house to the market. She gave us a description of the man who had assaulted her, but did not mention his name. Prisoner was standing quietly by his herring barrels when we got to the market. A man came up and said, "He is not the man," when she pointed him out.
Re-examined. This man spoke in English. Usiute spoke in Lithuanian when she pointed him out.
Dr. PATRICK TAYLOR DANIEL, L. R. C. P., 273, Cable Street. About 7 p. m. on June 3 I was called to see Usiute at Matulaits's house when I found her suffering from shock and weakness. I found considerable tenderness and stiffness round the throat, jaw, and upper part of her breast, but no sign of actual bruising. Her appearance was consistent with the way in which she had been handled. The tenderness went away after a time; she stayed in bed three days.
Police-constable STEPHEN DAFT, 45 H. R. At 9 a. m. on June 3 I went on patrol duty at Hessel Street, which is the Jewish market. There was an unusually large crowd of Jews in Burslem Street. There was an orderly, crowd of about 20 or 30 blocking up the street and I endeavoured to find out what was the matter, but I could not. In the course of the morning Oleck, who was accompanied by Usiute and another gentleman came and spoke to me in English. I went into the market with them. He asked me to take prisoner's address. I asked him for his name and he said "Joseph Cohen," and he gave as his private address, 22, Prince's Square, St. George's. He speaks English, so that I can understand him. I was not iinformed of the part the had taken in what had happened; I was simply asked to take his name and address.
Cross-examined. This photograph (produced) shows his stall on the left-hand side looking from Commercial Road; the gangway was very congested there. When I asked him for his address he first pointed to his stall and said, "This is my address. "I then asked him his private address. I said no more to him. The stalls are very close to one another and in some places the gangway is only 8 ft. wide.
Detective CHARLES CHAPMAN, H Division. I was with Detective-sergeant Jardine when prisoner was taken into custody. He was
charged with assaulting Usiute and he said, "Yes, my name is Cohen. I live at 22, Prince's Square. I do not know anything about it. "When formally charged he said nothing.
Cross-examined. He had undoubtedly been among his own people in the market some years. I know nothing against his character.
The Recorder here stated that he had no doubt that the girl had been abducted, but there was not sufficient evidence that the prisoner was concerned in it. He accordingly withdrew counts 1 and 2 from the Jury and intimated that the evidence for the defence must be limited to that dealing with the count for the assault.
JOSEPH COHEN (prisoner, on oath), fishmonger, 22, Prince's Square. I know nothing of the litigation about the girl nor any of the parties. I was selling herrings in the market when this took place; I was behind my barrels and was next but one to Schankin, who sells hoisery. I heard a row next to his stall, but I knew nothing about it. When it got nearer me I kept hold of my barrels so they should not be thrown down. All the barrels are round me so that I can hardly get out. I did not see Usiute and' I never touched her. I touched nobody.
Cross-examined. I did not notice any unusual crowd there that morning. I have been in the market seven years and am pretty well known. I do not know any of the people who took part in the row; I could not see any. I cannot swear that I do not know Usiute. I told a boy named Abraham who was standing beside me to ask the policeman why he wanted my name and address. I cannot speak English myself. There was nobody there from the same synagogue as myself. I do not speak Polish; I only know the few words necessary for my business. I do not. know the Polish for "Catholic," nor "swine," nor "pig. "I did not read this account of the child being given back in the "Jewish Express," a Yiddish paper. I can swear by the Sacred Law that I did not know anything about this until this trial.
ZELIG SCHANKIN , 99, Cannon Street Road. I keep a hosiery store in Hessel Street Market, next but one to the prisoner's. I remember Usiute, with a tall Polish girl, coming to my stall on the morning of Jane 3 to buy stockings. The younger girl asked in Yiddish one of my customers to help her, and the shorter woman at once got hold of her hands. The taller one tried to get away. The market was full When she released herself the other one got hold of her shawl. The younger one then threw off the shawl and ran away, leaving the shawl. Prisoner was inside his stall selling herrings all the time. He did not come out nor interfere with the woman at all.
Cross-examined. My stall is further away from the entrance to the market than prisoner's. The commotion began next to my stall. The two women were the only ones who took part in the row. I saw it all. Nobody took hold of the shorter woman's collar and sleeve. It was impossible for anyone to hustle her; there was no room for it. I do not speak Polish, neither does prisoner. I have known him a very
long time. I watched the commotion closely because I stood on a box. It was impossible for prisoner to have got outside his herring barrels.
Mr. Marshall Hall was about to call further evidence, when the Jury intimated that they had heard sufficient, and returned a verdict on count 3 (counts 1 and 2 having been already withdrawn) of Not guilty.
HARDY, Edward (23, jeweller) . Feloniously stealing a silver sandwich box, a silver cigar case, a silver cigarette box, and another box, the property of Hugh Richard Philip; feloniously receiving that property knowing it to be stolen.
Mr. Muir and Mr. Eustace Fulton prosecuted. Mr. Curtis Bennett defended.
Mr. Muir, in the course of his opening, said that, subject to the Recorder's direction, he proposed, under the authority of the Prevention of Crimes Act, 1871, 34 and 35 Vict., c. 112, Section 19, to call evidence as to previous dealings between the thief and the receiver for 12 months prior to the present indictment It was sufficient to show that prisoner had been possessed of such stolen property, but had parted with it by selling or pawning, it not being necessary to prove actual physical possession. (R. v. Rowland. 3 Cr. App. R. p. 277.) He then proceeded to open the facts relative to such previous transactions.
(Friday, July 1.)
The Recorder stated that, after consultation with the Common Sergeant, he was of opinion that the decision in R. v. Rowland only related to the second paragraph of Section 19 of the Act referred to, and must, therefore, not be taken to overrule Rex. v. Carter (12 2. B. D., 522), the decision in which related to the first paragraph of that section, and which made it necessary to prove actual physical possession. Also, it appeared that the facts in this latter case were more similar to the facts of the present case than were those in R. Rowland. He, therefore, excluded such evidence, and would tell the jury to disregard Mr. Muir's opening as to it, and to give a verdict only upon the evidence which was given before them.
HENRY, PHILIP , registered medical practitioner, 73, Warwick Road, Earl's Court. This cigar-holder case (Exhibit 3) is my property. I missed it at 8. 45 p. m. on April 2. I had last seen it at 6. 30 p. m.
Mr. Eustace Fulton proposed asking the witness as to other articles he had missed. Mr. Curtis Bennett objected on the ground that having understood from Mr. Muir's opening that they were not found in prisoners possession, such evidence of discovery was necessary before such questions were put. Objection upheld.
Cross-examined. There was an amber holder in the case when I last saw it, which has been removed.
DAVID JAMES WHYMAN. I am at present serving a sentence of 23 months' hard labour on a conviction of larceny and receiving on May 24 at the North London Sessions. I first met prisoner by going into his jeweller's shop on March 10 to try and sell a carriage watch. On April 29 I was admitted into Dr. Philip's house in Porchester Gardens, where I stole this sandwich box (Exhibit 2), cigar-case (Exhibit 3), a cigarette box, a tobacco box, and another box, all of silver. On April 29 I went to prisoner's shop and asked him if he wanted to buy some silver boxes, and he said he did. After looking at them he bought four. He asked me where I had got them from and I told
him from Dr. Philip's house in Porchester Gardens. He did not ask me how I came to get them. He gave me 10s. for the sandwich box, 8s. for the cigar case, and 4s. 6d. each for the other two. I then went away and that is the last time I saw him. He has been to my house at 13, Star Street, Paddington, several times on his bicycle.
Mr. Eustace Fulton submitted that questions with regard to other articles sold by the witness to prisoner under similar conditions would be evidence as showing course of conduct, which was a' principle of law applied to every case. The fact that all the articles were bought from the same thief showed a continuity of action, and was evidence of the state of prisoner's mind in buying the articles set forth in the present indictment. (R. v. Dunn. 1 Mood. CC., 146).
Mr. Curtis Bennett objected on the ground that there was no such continuity of action as was shown in the case cited, since, as was not the fact in that case, in the present case the articles were stolen from different persons. The prosecution were attempting to get a verdict on one indictment by introducing facts which related to three separate indictments.
The Recorder upheld the objection, stating that the point was a very doubtful one, and that he did not think it worth while to run the risk of having a possible conviction quashed.
Examination resumed. He came to my house a day or two after April 2, and I sold him this cigar holder and its case (Exhibit 3) for 1s. I told him that I had stolen it. When I told him I was stealing all these things he said, "I don't mind now you have told me where you are getting these things. In my mother's will my brother-in-law 'done' me down for £40. I should like you to go up and do his 'house' up," and he wrote the address on a piece of paper, which I copied, and I think destroyed. I did not go to that house. After I was arrested on May 31 made a voluntary statement to the police.
Cross-examined. He made this statement to me in his shop. The address was 50, Palmerston Road, East Ham. I do not recollect saying "40"at the Police Court. I swear that I do not know his brother-in-law does not live at that address; I have heard it is the wrong address. I remember saying at the Police Court that George Smith told me in the street that it was East Sheen. I folded up the paper that I copied it on to and put it in a drawer at home. I copied it on a larger piece of paper because the prisoner's piece was too small. it ought to be in the drawer still. I have been convicted once or twice before for stealing. I got 21 months in March, 1908; 12 months in 1906; 15 months in 1904, and four months in 1901—all for stealing. When I am out of prison I am a coachman; I told prisoner that. I did not tell prisoner when I first met him that I had some friends who had got some silver things. If my wife says that he only bought three of the things I stole from Dr. Philip's house, she is mistaken. He did not give me 6s. for the cigarette box. My wife was with me when I sold them to him. He did not give me 2s. for the cigar holder and case. He afterwards placed the cigar holder without the case in one of his glass cases. I made this statement to the police after I had been convicted. I have never made statements to the police before. I did not tell prisoner that these boxes belonged to a friend of mine from New York, who had been very well off and wanted to get back again. In the other cases where I have been convicted I have
pawned the stolen property in my own name. I have never sold things before.
Re-examined. The first time I met prisoner I took a carriage clock to him to be mended and I eventually sold it to him for a shilling. This was in March. It was then that I asked him if he wanted to buy silver things. He did not ask me on that occasion who I was and where I had got the things from. I had been to his shop five or six times before I sold him the silver boxes in April and he had been to my house from eight to ten times. It was a little after March that I told him I was a coachman. He never asked whether I was in employment. I was last a coachman in 1903.
CHRISTINA WHYMAN. I am the wife of the last witness and live with him at 13, Star Street. I was present in the room when prisoner bought this cigar holder and case from my husband for a shilling. He did not ask my husband where he had got it from. He took it away. On April 30 I went with my husband to prisoner's shop. He had with him two silver cigarette boxes, two silver boxes, and a long sandwich silver box. My husband told him that he had brought some things for him to buy and prisoner bought this sandwich case for 10s.; 8s. 6d. I think, for the cigar-box; 6s. for the cigarette box, and I forget how much for the fourth. I was there the whole time and prisoner never asked my husband in my hearing where he had got them from. Prisoner had been to our room more than once before that date. We were not in very prosperous corcumstances at the time; we paid 5s. 6d. a week for the one room which we occupied.
Cross-examined. The cigar holder and case were second-hand. Prisoner's shop is quite a small one. He may have paid 8s. for the cigarette box, but I cannot remember quite what it was. At our room prisoner said to my husband, "I have got a brother-in-law at East Ham. I would like you to go up on Monday to his house and go in and take anything you can get your hands on. I have left the door unbolted, so you can get in. "I knew my husband had stolen the things he sold to prisoner. Prisoner said he had a grievance against his brother-in-law through a will, and my husband said he would go. Prisoner gave him the address on a piece of paper, which my husband copied on another piece of paper, destroying the original. I kept the piece of paper that he copied it on to and gave it eventually to Police-constable Yandell, who copied the address in a book and gave it back to me and I destroyed it.
DAVID JAMES WHYMAN (recalled), further cross-examined. I met this brother-in-law in prisoner's shop. He asked prisoner where I got these things from and when he came out I asked did he think I stole them. He said he did not care where I got them from. The brother-in-law said that in front of prisoner.
Further re-examined. The brother-in-law asked me in prisoner's presence where I got them from. This was in the shop. Prisoner said nothing. He gave me 2s. 6d. that night.
two silver boxes (exhibits 1 and 2), with three other silver boxes. The doctor was out and he asked to leave a note. I left him then and afterwards returned. He left them, paying he would not leave a note but would call next day. After he had gone I missed these two boxes (exhibits 1 and 2) and the other three. I find that the initials "H. R. P.,"which were in the centre of the cigar-case, have been rubbed out.
THOMAS ROGRES , jeweller and pawnbroker, 131, Harrow Road. I should value this solid silver sandwich case at £2 5s. It having no claims to antiquity I should buy it at whatever the current price of silver was per ounce. It weighs from 8 oz. to 9 oz. If broken up it would only fetch 2s. an ounce, the price at that time, about 18s. This silver cigar case is worth 35s. and at breaking-up price 12s.
Cross-examined. I would myself buy the sandwich box by the ounce and pay 16s. to 18s. for it. The cigar case is 4 oz. in weight and it would be worth 8s.; I think a previous estimate of 6 oz. is too high. Thirty-five shillings is the price you would have to pay for it new in a shop. It would cost 6s. to 7s. an ounce to manufacture. It is decidedly second-hand. Forty-five shillings is the value at the sandwich box new. It is second-hand. When I boy second-hand silver goods with monograms on them I have to take the monograms off before I can sell them.
Re-examined. I make careful inquiries as to where they come from when I buy goods with monograms on them. I do not think I would have any difficulty in selling this sandwich box for £2 10s. and the cigar case for about 25s., after repolishing.
To the Court. I would lend 30s. on the latter if pawned with me.
ANNE ELIZABETH. WOODWARD Whyman and his wife took a room from me at 13, Star Street at 5s. 6d. a week. Prisoner came on his bicycle to visit them three times in March; I opened the door for him and he asked for Whyman.
POLICE-SERGEANT THOMAS SUDBURY , F. Division. On May 18 I went with Police-constable Yandell to prisoner's shop at 24, Thackeray Street, and told him that I was making inquiries about some silver articles which had been stolen and that I had been informed that he had bought them from Why man, and described Why man to him. He first denied that he had ever bought any, but on my describing the sort of boxes he said a man had brought them in, but that he had handed them back to him and had not bought them. After further questions he said he did buy a silver sandwich box for 10s., but that he had sold it to a Mr. Scutt, of 18, Blenheim Crescent, for 16s. 6d. I then left the shop, and I found from Mr. Scutt that this was true, but that he had resold it at 3s. 6d. profit. I did not hear prisoner say anything about having bought other boxes. On May 19 I called with Yandell at his shop again and then asked him if he had got back the box as he had promised to do. He said he had been unable to do so, but that he would do so. I made an arrangement to see him that night with regard to other matters.
Cross-examined. He has a small working jeweller's shop. Up to this time he has borne the highest character and his family are very respectable people. He appears to be a very nervous young man, judging from my conversations with him. The boy in his shop handed me the sandwich box on May 21, prisoner having traced it. On the night of May 19 prisoner's wife handed the cigar case in my presence to Yandell. I arrested him at his house on June 3. He said if I had been to his father I should have found out his address. The cigarette box and case have never been found. I took him to the station and read the warrant to him, and he said, "Why have you not let me know this before?" I replied, "I have been to your place many times, but I have been unable to obtain any information as to your whereabouts, otherwise this warrant would not have been applied for." He said, "I have been at my father's, and you know his address. I know I have been a fool. I wish now that I had stopped and faced it out. I would sooner give £50 than be in this mess, for it will ruin me. What I ought to have done was to have called in a policeman when this wretched man brought in the stuff, but each time he frightened me so much that I did not know what he was doing and did what he told me to get rid of him. "I went to his shop several times between May 19 and June 3, but not finding him a warrant was issued for his arrest.
Re-examined. On the night of his arrest he said, "I have never been to her address. I do not know Star Street. "Our conversation had been with reference to Why man's wife.
POLICE-CONSTABLE GEORGE YANDELL , Y Division. I corroborate Sergeant Sudbury's evidence as to what happened on the visits to prisoner's shop on May 18 and May 19. On May 21 I called there again. Prisoner was not in, but I saw his wife. She did not hand me the case of a cigar-holder.
POLICE-SERGEANT THOMAS SUDBURY (recalled to the court). I found this cigar-holder case without the holder in a glass case in prisoner's shop. I showed it to prisoner, who was in custody, and asked him where the holder was, and he said in the glass case. I said I could not find it.
POLICE-CONSTABLE GEORGE YANDELL (recalled, further examined). Mrs. Whyman showed me at her address a piece of paper with the address, "50, Palmerston House, Palmerston Road, East Ham," which I made a note of in my book.
Cross-examined. This was about June 1 or 2 before prisoner was arrested. I do not know what became of the paper; she would not let me have it.
married. After leaving school I for some time assisted my father; I then worked for six months at a surveyor's and then for two years I learnt the jewellery trade with Mr. Steward, of Church Street, Kensington. About nine months ago I went to manage this business for Mr. Hollander and four or five months ago I took it over. Early in March Why mail, whom I had not seen before and who was respectably, dressed, came into the shop and asked me to repair a carriage clock. I told him how much it would cost and then he offered to sell it to me. I bought it in the ordinary course of business. He went away and at the beginning of April he came again and asked me whether I bought old silver and I said I did. He told me he had some up at his house and if I cared to call in I could see it. I was winding clocks up that way and I went into his house. On one occasion when I called in he asked me if I would buy a cigar holder with the case. I gave him, to the best of my knowledge, 2s. for it for the gold on the holder; it was old. He did not tell me where he had got it from, nor did I ask him. He had told me he was a coachman working for a doctor. On April 30 he and his wife came into the shop. Just after this he met my brother-in-law in the shop. There is no truth in Why man's suggestion about my telling him I had a grievance against my brother-in-law and that I wrote down his address for him to go and rob his house. On April 30 he brought a cigarette box, a cigarette case, a cigar case, and a sandwich box, saying that he was selling them for a friend of his, who had come over from New York. He did not tell me he had stolen them or I would not have bought them. I gave him 10s. 6d. for the sandwich box and 8s. or 8s. 6d. for the cigar case; I only bought them for old silver. I took the monogram off the cigar case because I could sell it better. I denied having bought these things to Sudbury because I was nervous. I did my best to get back the sandwich box, which I admitted buying in the same conversation, and I eventually got it back after having had to pay all the profits that the different people had made in reselling it. When I bought the cigar case, the sandwich box, and cigar holder and case I put them in my showcase, where everybody could see them. I do not know what happened to the cigar holder; I have not sold it to my knowledge. I was so upset about all this that I went to Brighton for a week with my wife. I went to my father's the following week and on the Friday I was arrested. I did not abscond; my father knew where I was all the time. It was nervousness also that made me say I had not been to 13, Star Street. I had no idea that any of these things were stolen.
Cross-examined. It is true I had had a week's holiday when I said I had not been to Star Street. I had had time to think over it. I do not know whatever made me say it. I asked him whether the carriage clock was his, and he said it was. I had no need to inquire at any time whether he was in employment. The room that he occupied was a very respectable one. My first visit was quite a casual one. I was winding clocks in No. 27, Queen's Road, which is in the neighbourhood. I asked him then if he had the silver he told me
about and he said he had not yet received it from his friend. It is true he had not told me about his friend then. He said he had not got the silver then; I did not ask him then where he was going to get it from. I sometimes go in and see silver at people's places. The reason why I went there the second time was because he owed me money on a bracelet which I let him have when he was hard up. I did not ask him about the silver then because I thought that was all over. I went a third time for the same reason. The fact that he was in on the three occasions I called did not surprise me. Once I called in the morning at 11 o'clock. I also called once when he was out. I never saw any silver articles until he came to the shop with his wife. It did not surprise me that he should be in possession of such articles. He explained it to my satisfaction. He said they belonged to a wealthy gentleman from New York. I thought Why man looked like a "horsey "man. I keep books and I think I entered these transactions in them. I put them on a slip of paper. I only enter orders that come. I did not get any receipts from him. I had the cigar case in the shop when Sudbury called on May 18. I do not know why I did not tell him I had bought that as well as the sandwich box. Mr. Scutt, a working jeweller, bought the sandwich case at the price of old silver two days after I had bought it. I had eventually to pay 33s. 6d. to get it back; it had passed through three hands to the best of my knowledge. The reason why I was so nervous with Sudbury was that Why man's wife had just previously told me her husband had been arrested for stealing these things. I was thunderstruck. Nothing could be done at the shop in my absence at Brighton. I left the boy in charge and my father saw to the place being locked up. I did not think it was necessary that I should go to the station and tell them I was going to Brighton.
Re-examined. When asked about Star Street I was in the police cell and I was nervous. I am not in the habit of cross-examining everybody who comes into the shop as to what he is.
VICTOR HOLLANDER , watch and clock maker, 53, Church Street, Kensington. I employed prisoner at 34, Thackeray Street, from the September quarter till the March quarter, when he took it over. It is a repairing business. I found him thoroughly honest, but he was inexperienced and nervous with customers.
(Saturday, July 2.)
Verdict, Not guilty. On three similar indictments the prosecution offered no evidence and a formal verdict of Not guilty was returned.
BEFORE THE COMMON SERJEANT.
(Thursday, June 30)
BATHURST, Arthur (31, traveller), CHARSLEY, Francis Henry (36, traveller), BATHURST, Stanley (31, dealer), HOLMAN, William Henry (33, canvasser), CRANE, Frederick (37, traveller), ADAMS, Henry (25, dealer), and GEORGE, Alfred (32, dealer) . Conspiring together to cheat and defraud such persons as should be induced to forward goods to certain firms purporting to carry on business respectively as Hardcastle Routledge and Company, and Sutcliff and Company, to cheat and defraud them thereof; A. Bathurst, Charsley, S. Bathurst, Adams and George conspiring together to obtain by false pretences of and from the Barker Pottery Company, Limited, certain goods with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Holman and Crane conspiring together to obtain by false pretences of and from the Benthal Pottery Company, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences from the said Benthal Pottery Company, Limited, certain goods of the value of £27 8s. 6d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Holman and Crane conspiring together to obtain by false pretences from the Barker Pottery Company, Limited, certain goods with intent to defraud, and obtaining by false pretences from the said Barker Pottery Company, Limited, certain goods of the value of £10 19s. 6d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Adams, Holman, and Crane conspiring together to obtain by false pretences from Grindlay and Company, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences from Grindlay and Company, Limited, certain goods of the value of £17 18s. 11d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, and George conspiring together to obtain from Grindlay and Company, Limited, one ton of resin with intent to defraud; Bathurst, Charsley, S. Bathurst, Holman, and Crane conspiring together to obtain by false pretences from Julius Norden, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences certain goods of the value of £24 6s. 6d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Adams, George, Holman, and Crane conspiring together to obtain by false pretences from Price and Company, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences from Price and Company, Limited, certain goods of the value of £11 6s. 5d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Holman, and Crane conspiring together to obtaining by false pretences from J. and J. Siddons, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences from J. and J. Siddons, Limited, certain goods of the value of £16 17s. 4d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, and Crane conspiring together to obtain by false pretences from Pountney and Company, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining from Pountney and Company, Limited, certain goods of the value of £5 18s. 2d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Holman, and Crane conspiring together to obtain by false pretences from Mason Cash and Company, Limited, certain goods with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Adams, and George conspiring together to obtain by false pretences from Mason Cash and Company, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining goods of the value of £6 2s. 4d. with intent to defraud; A. Bathurst, Charsley, S. Bathurst, Adams, and George conspiring together to obtain by false pretences from G. and G. Blackwell and Sons, Limited, certain goods with intent to defraud, and in pursuance of such conspiracy obtaining by false pretences from G. and G. Blackwell and Sons, Limited, certain goods of the value of £8 4s. with intent to defraud; A. Bathurst, Charsley, Holman, and Crane conspiring together to obtain by false pretences from A. Norman and Sons, Limited, with intent to de fraud, and in pursuance of such conspiracy obtaining from A. Norman and Sons, Limited, certain goods of the value of £12 18s. 9d. with intent to defraud; George fraudulently inducing Arthur Holt to execute a certain valuable security, to wit, an agreement for the tenancy of No. 79, Ethelred Street, Lambeth, with intent to defraud.
Mr. Muir, Mr. Graham-Campbell, and Mr. Adrian Clarke prosecuted; Mr. Percy Oliver defended Charsley and Adams; Mr. Leon Freedman and Mr. Walter Frampton defended Crane.
Arthur Bathurst, Charsley, Stanley Bathurst, Holman, and Crane were first tried for conspiracy and obtaining goods in the name of "F. Hardcastle Routledge and Co.," by false pretences.
HENRY MORTON , 3a, Peckford Place, Brixton Road, blacksmith. I act as caretaker for stables and other property. On October 18, 1909, Bathurst, in the name of Routledge, and Crane, in the name of Hardcastle, rented a stable in Peckford Place from me at 10s. a week, stating they were china and glass merchants, trading under the firm name of Hardcastle Routledge and Co. They remained till the second or third week in February, 1910, when they left without notice owing three weeks' rent. Many letters came to Hardcastle Routledge and Co., which were brought into my shop, and given to or taken by A. Bathurst or Crane. Goods were delivered which sometimes I took in, they leaving me money to pay for the carriage. I have seen Holman in the yard, whom I knew as Hayward; also Charsley and Stanley Bathurst, whom I knew by their own names. Goods remained a short time, the longest being some teapots and pudding moulds, which were there a fortnight. Goods were sent away in a van hired from a greengrocer; afterwards prisoners hired a van of their own, which was driven by Tom King. I did not see Holman after Christmas, They had no office or books. The name "Hardcastle Routledge and Co., wholesale china and glass merchants," was painted over the door of the stable.
Cross-examined by S. Bathurst. I understood S. and A. Bathurst were brothers. The agent did not complain of resin being stored on the premises. (To Mr. Oliver) I never saw Charsley take any part in the business—he might have come there with messages. (To S. Bathurst) I took in letters Li the name of Neville, which I gave to Bathurst. He brought three van loads of second-hand furniture and old clothes. I bought a lady's skirt from him. (To Holman) I knew Holman as a tallyman. (To Mr. Frampton) A deposit of 2s. 6d. was paid on taking the stable—I think by Crane.
LOUIS VERSON JESSOP , 23, Woodfield Lane, Leytonstone, secretary to Grindlay and Co., Limited, tar and resin distillers, Blomfield Street, Poplar. On December 3, 1909, Hardcastle Routledge and Co. ordered by letter half ton of resin at 10s. per cwt., referring me to F. W. Crane and Co., 337, Milkwood Road, Herne Hill, and B. Hayward, 8 and 112, Holland Road, Brixton. I received replies stating they had done business with Hardcastle and Co. for a considerable time, and that theirs was a satisfactory account, on printed note paper, from "B. Hayward, boot factor, draper, etc., dealer in china, glass, and earthenware. Cheques to be crossed L. and S. W. Bank," and from "F. W. Crane and Co., commission agents and importers"—"Leadenhall Chambers, St. Mary Axe "struck out, and in pencil, "337, Milkwood Road, Herne Hill, S. E. "I then delivered five barrels of common resin amounting to £5 19s. 5d., and on a further order on December 10 goods amounting to £12 8s. 8d. I endeavoured to obtain payment of £17 18s. 11d. due," but Hardcastle Routledge and Co. had disappeared, and we have received nothing. On April 18 I received an application from "J. Sutcliff and Co., wholesale drysalters and sundriesmen, 18a, Myatt Road, Camberwell," for a quotation of resin in one ton lots, quoted £12 10s. per ton; and on April 19 received an order for one ton, Sutcliff and Co. giving as reference "J. Caton, glass bottle manufacturers, 79, Ethelred Street, Lambeth. "I got a reply from Caton and Co. stating they had done business with Hardcastle and Co. for some time, and that accounts were promptly met. Noticing a similarity in the letters with those in the case of Hardcastle and Co. we did not supply Sutcliff and Co., and communicated with the police.
GEORGE LITTLE , carman to Grindlay and Co., Limited. On December 7 I delivered five barrels of resin to Hardcastle and Co., Peckford Place. It was taken in by S. Bathurst and Crane. The receipt is signed "Tom King," I believe by Crane.
Cross-examined by Mr. Frampton. I said at the police-court that the man who signed the receipt was Adams—not Crane. That is correct.
ROBERT WILLIAM ALFRED COCKERTON , carman to G. Wiseman and Sons, contractors, Bow Common Lane. On December 14 I delivered ten barrels of resin at Peckford Place. Receipt was signed "F. Hardcastle," by Stanley Bathurst.
which was delivered to me by a van, accompanied by A. Bathurst. I paid £8 13s. 3d. (the resin being short in weight) to A. Bathurst. He told me he had bought it from Grindlay and Co. for making varnish, that he was selling it because his landlord objected to it as inflammable goods, invalidating the insurance, and he was obliged to remove it. The price paid was 8s. 3d. per cwt.
Cross-examined by A. Bathurst. I paid a fair market price for the resin.
JOHN BARKER MORRISON , 41, Paragon Road, Hackney. I am a manufacturing chemist, and have carried on business at Devonshire Road, Hackney, in the name of John Barker for the past ten years. Ten or 12 years ago, in partnership with my brother Charles Percy Stewart Morrison, I traded as Stewart and Morrison at 62, Holly Street, Dalston. I have given no references for Hardcastle Routledge, and Co. I have known A. Bathurst since just before Christmas, 1909. I have known Crane for 20 years—he is my brother-in-law—he knew I had traded as Stewart and Morrison. About six letters came to 41, Paragon Road, addressed to Stewart and Morrison, which were sent to Hardcastle and Co., Beckford Place, by request from that firm, written by Crane, dated January 13, 1910. On January 10, 1910, I bought a barrel of resin from Hardcastle and Co. at 10s. 6d. per cwt. I have not paid for it.
CHARLES PERCY STEWART MORRISON gave similar evidence. Detective-sergeant RICHARD NURSEY, W Division. I am acquainted with A. Bathurst's handwriting. The order to Grindlay on December 3 for half a ton and of December 10 for one ton of resin, and reference by B. Hayward, are in his handwriting. The reference from Crane and Co. and receipt of December 14 of ten barrels of resin, signed "F. Hardcastle Routledge and Co.,"are in Crane's hand-writing. The invoice of ten casks resin to Dallett and Co., and received for £8 13s. 3d., are in S. Bathurst's writing.
THOMAS CLIFFORD , shipping clerk to Julius Norden, Limited, 44, Farringdon Street, incandescent gas mantle manufacturers. On November 29 A. Bathurst presented billhead of "F. Hardcastle Routledge and Co., wholesale china, glass, and sundry merchants, Beckford Place," and signed an order for seven gross gas mantles in the name of "J. Routledge." He said he had a connection with a lot of china' dealers to whom he could sell mantles, that he employed four travellers; he referred us to D. Hayward, boot factor, etc., 8 and 112, Holland Road, Brixton, from whom we received letter produced stating he had dealt with Hardcastle and Co. for some time, and had found their account satisfactory. We supplied goods to the amount of £7 6s. 6d.; on December 10 £8 15s.; and on December 13 £8 15s.; made application for payment, and have received nothing. We wrote on January 22 to B. Hayward, and the letter was returned undelivered. We issued writ, which we have been unable to serve on Hardcastle and Co. On April 13 Charsley brought order produced from J. Sutcliff and Co., 18a, Myatt's Road, Camberwell, for five gross of mantles, with a reference to Caton and Sons, 97, Milkwood Road, Catford. Charsley signed the order "F. Elliott." We wrote to
Caton and Sons, who replied stating they could not give information without authority from Sutcliff and Co. Hardcastle and Co. then wrote referring us to James Carroll, Glebe Mews, Camberwell, and to the Capital and Counties Bank. We forwarded pro forma invoice for £4 13s. to Hardcastle and Co. asking for cash before delivery; receiving no reply we did not supply the goods.
GEORGE LACIE (carman to Pickford and Co.). On December 4, 12, and 14 I delivered packages to Hardcastle and Co. Receipts for delivery on December 4 and 12 were signed "J. Routledge" by A. Bathurst; receipt on December 14 is signed "F. Hardcastle."
Detective-sergeant NURSEY, recalled. The orders of November 29, December 3, and December 10, reference from Hayward of November 29, and receipt for delivery of December 4 and 12 are in A. Bathurst's writing; the order from J. Sutcliff and Co. is signed "F. Elliott" in the writing of Charsley. The letter from Sutcliff and Co. giving the reference to James Carroll is in George's writing.
JOHN WILLIAM COLES , 197, Camberwell New Road, owner of 8, Holland Road. In November, 1909, I let to Holman, in the name of Hayward, No. 8, Holland Road; he paid me £3 15s.; half quarter's, rent to Christmas, by cheque, which was honoured. "Hayward—Office "was painted on the parlour window. He left in January without notice. I took possession and found a number of empty boot boxes there.
MINA REVETT , wife of William Revett, 112, Holland Road, Brixton, printer. In November, 1909, I let my back parlour to Holman at 3s. 6d. a week; he remained three weeks, until he got the house at No. 8; he received letters and parcels in the name of Hayward.
EDGAR CURRIE , to J. J. Adams, 9, Charterhouse Street, agent to Pountney and Co., Limited, earthenware manufacturers, Bristol. On January 18, 1910, a man, who I believe was Crane, presented the card of F. Hardcastle Routledge and Co. and ordered £17 worth of toilet and other earthenware, referring me to George Thomas and Co., 36, St. Mary-at-Hill, and Stewart and Morrison, 41, Paragon Road, Hackney. I forwarded the order and references to Pountney and Co.
ARTHUR GROUNDFORD , warehouseman to Pountney and Co., Limited, Bristol. I received order and references from the last witness, wrote to Stewart and Morrison and to Thomas and Co., received good references as to F. Hardcastle Routledge and Co., and forwarded goods value £518s. 2d. We received a further order from Hardcastle, which we refused to supply without remittance. Our further application for payment has been returned through the dead letter office.
Detective-sergeant NURSEY, recalled. The reference by Stewart and Morrison is in Crane's writing. The letters from Hardcastle and Co. to Pountney and Co. of January 29 and February 5 are in A. Bathurst's writing.
MORRIS BERG , 18, Upper Park Road, Hampstead. I am owner of 60, Barn well Road, Brixton. On May 10 I received a card in the name of Neville, 79, Ethelred Street, S. E., and afterwards let the shop and premises to S. Bathurst in the name of S. Neville at 11s. a week. He gave a reference to J. Sutcliff and Co., Myatt's Road, who replied stating that S. Neville had been three years their tenant and recommending him. The first payment of rent became due on May 14 (after the prisoners were arrested).
Detective-sergeant NURSEY. The postcard from Neville, letter, and signature to agreement are in S. Bathurst's writing; letter of Sutcliff and Co. is written by George.
(Friday, July 1.)
CHARLES HENRY POST , house agent. In September, 1909, I let 337, Milkwood Road, a private dwelling house, to Crane for three years at £36 per annum; he gave references to Morrison and Murphy. He paid no rent and left without notice on February 8. No name was put up or business carried on. Crane described himself to me as a hardware merchant.
HARDSHACKEL SIDDONS , manager, J. and J. Siddons, Limited, West Bromwich, hollow ware manufacturers. On November 15, 1909, I received letter from Hardcastle and Co. asking for price list, and on November 16 an order for saucepans, etc., value £6 2s. 4d., giving references to Stewart and Morrison, 41, Paragon Road, and W. Crane and Co., 337, Milkwood Road, both of whom stated they had dealt with Hardcastle and Co. and recommended credit. On December 9 I despatched the goods, and on December 11 received further order amounting to £10 5s., which I executed. On February 3, 1910, I wrote demanding remittance, but have received nothing. On April 21 I received postcard from J. Sutcliff and Co., Myatt's Road, asking for price list, which I did not send.
Detective-sergeant NURSEY, recalled. The letters of November 15 and 16 and December 11, Hardcastle to Siddons, and reference letter from Stewart and Morrison are in A. Bathurst's writing; the body of the reference letter from J. Sutcliff and Co. is in Charsley's writing and the signature is S. Bathurst's.
CHARLES HODGES FRY , works manager to Charles Price and Co., 13, Upper Thames Street, oil merchants and refiners. On November 30, 1909, I received letter from Hardcastle and Co. asking for quotation for 10 and 20 cwt. lots of resin, and on January 19 order for one ton of resin at 11s. 6d. per cwt. On January 20 I wrote asking for references, but the goods were despatched on January 25 by error of our clerk to the value of £11 6s. 5d. I instructed our traveller, and received letter of January 25 from Hardcastle and Co. complaining that our traveller had left an impertinent and libellous message. On January 27 A. Bathurst called on me, in the name of "Mr. Routledge," and demanded an apology. I told him we had received no reply to our request of references, that the goods were delivered owing to a mistake by our forwarding clerk, and
asked for immediate payment. He said, "You need have no fear as to the money being paid. My partner, Mr. Hardcastle, is away on the Continent till the end of the week; the matter will then be mentioned to him and you will receive a cheque." He gave the London and South-Western Bank as a banker's reference. On January 28 I wrote demanding payment, and received letter from Hardcastle and Co. on January 29 stating that the terms were not cash on delivery and claiming 30 days' credit. We took proceedings in the Mayor's Court, were unable to serve process, and have not been paid.
LIONEL GEORGE CRAWFORD , traveller to Charles Price and Co. On December 1 I called at Peckford Place, quoted prices, and subsequently received letter of January 19, which I handed to the last witness. After the goods were delivered I called when Hardcastle and Co. were not in and spoke to the blacksmith (Morton).
ALBERT MAISEY , carman to Price and Co. On January 27 I went to Hardcastle and Co. and saw Crane, told him I had been sent to collect nine casks of resin which had been delivered there. He said he could not deliver them up as an insulting message had been left by our representative, and that he would call at our City office. I was unable to collect the resin.
WILLIAM HENRY BYERS , cashier, London and South-Western Bank, North Brixton, and WILLIAM ROWLAND SMITH, cashier, London and South-Western Bank, South Brixton, stated that none of the prisoners had an account at their bank.
THOMAS ADAMS , 1, Elizabeth Place, Homerton, disinfectant manufacturer. In December, 1909, a card of F. Hardcastle Routledge and Co. was left at my works; afterwards Crane called with a sample of resin and I saw S. Bathurst at Peckford Place. He showed me eight casks of resin, which I afterwards bought for £6 17s. 6d., or about 9s. 3d. per cwt. I produce receipt dated January 31, 1910, signed "For Hardcastle Routledge and Co., J. Kerr. "
LOUIS NICHOLLS , 7, Church Road, Homerton, forewoman to Thomas Adams. On January 31 S. Bathurst brought eight casks resin, for which I paid him £6 17s. 6d.; he signed receipt produced in the name of "J. Kerr. "
THOMAS WILLIAM LACK , manager to George Shaw, proprietor of the Barker Pottery Company, Limited, Chesterfield. On September 24, 1909, I received postcard from Hardcastle and Co., of Stockwell Green, asking for price list and lowest wholesale terms, which we sent, and also samples. References were given to Stewart and Morrison, 41, Paragon Road, Hackney, and to F. W. Crane and Co., 337, Milkwood Road, Herne Hill, both of whom recommended F. Hardcastle, Routledge and Co. for credit. On October 9 Hardcastle and Co. ordered from Peckford Place goods to the amount of £2 4s., and on October 28 to the amount of £8 15s. 6d., which we forwarded, in the belief that the references were genuine and that Hardcastle and Co. were carrying on a genuine business. We have
not been paid. On April 28, 1910, we received letter from "J. Sutcliff and Co., J. "18, Myatt's Road, Camberwell, asking for prices and referring us to F. Caton and Co., bottle manufacturers, 79, Ethelred Street, Lambeth, who answered our letter recommending J. Sutcliff and Co. for credit. We did not deliver any goods to Sutcliff and Co.
JAMES CATON , 91, Fernbrook Road, Hither Green, porter at Borough Market. 14 or 15 years ago my father carried on business as glass bottle manufacturer at Chatham Row, Walworth. I assisted him at that time. He has never carried on business at 79, Ethelred Street. I know the prisoner George as Alfred Parrish and as trading in the name of "Miscellaneous George. "About four months ago I received letters addressed to J. Caton and Co., 91, Fernbrook Road, which I returned to the firms sending them. I never received letter from the Barker Pottery Company produced.
Detective-sergeant NURSEY, recalled. The postcard of September 24, 1909, asking for prices; the letter of October 2 ordering goods from Barker Pottery Company; the letter referring to Stewart and Morrison and Crane and Co., and the letters from Hardcastle and Co. of October 9, 28, and 30 are in Crane's writing. The post-card of September 9, the reference of F. W. Crane and Co., and the application of Sutcliff and Co. for prices are in St. Bathurst's writing. The reference letter from Stewart and Morrison is in A. Bathurst's writing.
AUGUSTUS BLAKESLEY CASH , trading as Mason, Cash and Co., Derbyshire, earthenware manufacturers. On September 26 I received postcard asking for prices, letter September 29, and letters of September 30 and October 2, ordering goods and referring to Stewart and Morrison and F. W. Crane and Co., from F. Hardcastle Routledge and Co., and reply of Stewart and Morrison of October 7. We did not supply any goods. On April 13, 1910, we received post-card from J. Sutcliff and Co. asking for price lists, and on April 21 order with a reference to J. Caton and Co., 79, Ethelred Street; letter from J. Caton and Co. of April 22 giving satisfactory reference. On April 26 we despatched teapots, value £6 2s. 4d., to Sutcliff and Co. On April 29 we received a further order, which was not delivered. We have not been paid.
Detective-sergeant NURSEY, recalled. The postcard of September 26 is A. Bathurst's writing; the letters of September 29 and 30 are written by A. Bathurst and signed by Crane; letters of October 2 and 7 are A. Bathurst's writing. The postcard of April 13 is S. Bathurst's writing; the letters of April 21 and 29 are in A.
Bathurst's writing; the reference of April 22 from Caton and Co. is George's writing.
WILLIAM BERIAN ALLEN , manager, Benthal Pottery Company, Limited, Risdale, Shropshire. I received from our London agent order from Hardcastle and Co. with references to Stewart and Morrison and F. W. Crane and Co., from both of whom I received satisfactory references. Believing them to be genuine, on December 6 I despatched goods to value of £27 8s. We have not received payment.
LOTTIE SMITH , assistant to Grierson, 2, Dyer's Buildings, Holborn, pottery agent. In October, 1909, Crane ordered goods from different potteries, including the Benthal Pottery Company. On April 19 Bathurst called with another man and ordered goods in the name of James Carroll, Glebe Mews, Glebe Road, Camberwell.
(Saturday, July 2.)
ARTHUR FULT. 150, Gray's Inn Road, house agent. On December 22, 1909, I let the house and shop, 79, Ethelred Street, Lambeth, to the prisoner George at 12s. 6d. a week; the rent was paid once or twice by S. Bathurst. No business of J. Caton and Co., bottle manufacturers, was or could be carried on there. There was painted up "Miscellaneous George," and a business in old iron, machinery fittings, bedsteads, etc., was carried on.
JOHN HENRY BLEWITT , 13, Thurley Road, Dulwich. In September, 1909, I let 60, Stockwell Green, to Crane at £28 a year. He said he was carrying on business as a general hardware merchant. The rent was payable quarterly in advance. As it was not paid I closed the premises against him on October 6. The name of Hardcastle, Routledge and Co. was put up and a quantity of baskets and hard-ware goods were delivered and removed. I received from Crane 5s. for the stamp of the agreement, and an appointment was made to sign the agreement and pay the rent, which was not kept.
GRACE STAPLES , 18, Langton Road, Camberwell, owner of 18a, Myatt's Road. In April, 1910, prisoners George and Charsley hired of me shed and yard, 18a, Myatts Road, at 8s. a week in the name of Sutcliff and Co. to be used as a glass, china, and sundries ware-house. They were in possession five weeks and paid three weeks" rent. There was a small place which they used as an office.
FREDERICK W. NASH manager to Alexander Robertson, 27, Camberwell Green, house agent. In June, 1909, I let a stable to Adams in Glebe Mews at the back of 17, Peckham Road, at £24 a year. The first quarter's rent was paid in advance.
Detective-sergeant NURSEY, recalled. Between April 26 and May 13, 1910, with Police-constable Jones I kept observation on 18a, Myatt's Road. I have seen A. Bathurst, Charsley, S. Btahurst, George, and Adams frequenting the premises; also Tom King,
Adams's carman. On May 13, at 9. 30 p. m., I saw Crane in Darville Road, Stoke Newington, and said, "I believe your name is Crane, otherwise Hardcastle. "He said, "Yes. "I read the warrant to him. He said, "Am I the only one in this?" I said, "The others are arrested. "He said, "I am sorry I was ever mixed up with them. "He was taken to Brixton Police Station, and when charged made no reply. On April 30, at 1. 30 p. m., S. and A. Bathurst and George entered 18a, Myatt's Road. At 1. 45 p. m. a girl left with two small parcels and several letters. At 2 p. m. A. and S. Bathurst left with George pushing an empty barrow; they went to 79, Ethelred Street.
Detective-sergeant CHARLES HAWKINS, W Division. On May 13 I was watching 18a, Myatt's Road, with two other officers and saw A. Bathurst and Charsley. I told them I should arrest them on a warrant for fraud. A. Bathurst said, "All right." Charsley said, "I am nothing to do with it." As we went to the station Charsley laid, pointing to A. Bathurst, who was in front, "That is the principal. I got mixed up with these people through working for Hayward (Holman) at 8, Holland Road, Brixton. I used to take notes for him to Hardcastle at Peckford Place, but that is not his right name, it is Crane; I do not know where he lives, but Hayward lives at Peckham—will you go and see him to Verify ray statement?" I returned to Myatt's Road and at 11. 30 a. m. saw S. Bathurst. I said, "I am a police officer. I am going to arrest you on a warrant for fraud." He said, "You have made a mistake. I am nothing to do with it. I conveyed him to Brixton Station, searched him, and found card (produced) with "Neville "thereon. He said, "I trade in that name "; he had on him a key which fitted 18a Myatt's Road. I found also on A. Bathurst and Charsley keys fitting 18a, Myatt's Road. I found letter from Blackie, Sons and Co. to Sutcliff and Co. on Charsley; on A. Bathurst letter from J. Rotherham and Co. to Holman, pocket-book containing address of Sutcliff and Co. and J. Caton and Co., and an account of the sale of tumblers to J. Carroll (Adams).
Detective JOHN JONES, W Division. I kept observation on 18a, Myatt's Road, from April 26 to May 12, 1910. I saw there A. Bathurst, Charsley, S. Bathurst, George, and Adams. On April 28 and S. Bathurst, Charsley and George came with Tom King, who was driving a van bearing the name of "J. Carroll, 17, Glebe Mews." Adams and King then drove to 17, Glebe Mews. On May 4, at 1 p. m., and S. Bathurst and Charsley left. S. Bathurst pinned a post-card of J. Sutcliff and Co. on the door, on which was "Please wait. "On May 5, at 11. 45 a. m., King came with J. Carroll's van. Charsley got in, left and returned in 10 minutes, and with A. Bathurst loaded the van with six kegs; all four got in and drove to 17, Glebe Mews.
(Monday, July 4.)
Detective JOHN JONES, recalled. On May 13, at 1 p. m., I saw Adams and King driving a van in Peckham Road. I told them I
should take them to Brixton Police Station as they were wanted on a warrant for conspiracy. Adams said, "Where is your warrant and what is the fraud?" I said, "The warrant is at Brixton Police Station and there are there Hardcastle, Routledge, Charsley, Neville, and others concerned with you at Myatt's Road. "I searched 79, Ethelred Street and found a number of memoranda and letters (produced and read).
Detective-inspector ALFRED WARD, W Division. On May 13, with other officers, I was watching 18a, Myatt's Road. At 8. 30 a. m. A. Bathurst and Charsley entered; Charsley opened the door with a key; they remained about 10 minutes, left together, and were followed and arrested. At 11. 30 S. Bathurst entered by the wicket gate, which was open. A girl was there. Carter Paterson's van delivered five bags of soap powder, which was taken in by S. Bathurst. He left immediately after and was arrested, the girl being also taken to the station. Some time after Adams and Tom King arrived and were arrested. At 4. 45 p. m. George came to the premises, looked in the door and walked quickly away. He was also arrested. At 5. 15 all the prisoners were brought together at Brixton Police Station. I read the warrant, which was against eight persons for conspiracy and obtaining goods by false pretences. A. Bathurst said nothing. Charsley said, "I have nothing to do with this. I am a traveller for a firm of soap merchants at Hammersmith." S. Bathurst said, "I protest. I am not in this." At 9. 30 p. m., with Sergeant Hawkins, I arrested Holman at 65, Bournemouth Road, Peckham. Before I read the warrant he said, "I know what you want me for. I was all right till I got mixed up with that mob of robbers. Charsley done me for £30 and Stanley Bathurst stole the keys of my warehouse next the 'Letchford Arms 'and stole most of my goods, and that is how I got into this. I went straight and paid my way before I met these people." When charged he made no reply. I examined the premises at 18a, Myatt's Road. It is a very old stable and coachhouse; part of the coachhouse was partitioned off and used as an office. On the door was painted in large letters, "J. Sutcliff and Co., wholesale drysalters and sundriesmen." The office window was painted white, with the word "Office "in large black letters thereon, and in the corner, "Travellers seen by appointment only." Inside were a number of empty crates packed up with straw to the ceiling, to look as if full; there was no furniture or books in the office; on a shelf were several brown paper parcels marked "Invoices, 1908-09, etc.," but containing nothing but paper screwed up; there was an old directory and a quantity of catalogues from various firms all over the country. On a bench were some papers and two books containing memoranda.
canvas for orders for boots and shoes at a salary of 5s. a week and 20 per cent, commission on sales. I canvassed from door to door in Camberwell and Brixton, getting orders for boots and shoes, and have fetched parcels from Norman's, Darnell's, and Carter's, boot manufacturers. I earned generally 18s. a week, or at the outside 22s., working daily from 9 a. m. to 9 p. m., and on Sunday morning. That went on till the end of January, 1910, when Holman told me he could not meet his liabilities and I had to go. I then acted as canvasser for the English Record Company, but did not get on very well with selling records and they discharged me. I then answered an advertisement of the Imperial Firelight Company and went to work for them as a canvasser until April, when, the warm weather coming on, I gave it up to return to them in the autumn. I had seen A. Bathurst about Christmas time going to Hardcastle Routledge and Co. with orders for Holman. I understood A. Bathurst's name was Routledge. Meeting him in April, he said he was looking for a warehouse, and I went with him to Mrs. Staples, when he took 18a, Myatt's Road and paid the deposit of 2s. I told him I was getting some canvassers at the Bureau for the sale of smelling salts and asked him if I could use his warehouse for making up the goods and for canvassers to call. He consented. I then went to the Camberwell Bureau to try to get licensed hawkers. In the early part of May I saw an advertisement for a soap traveller for Bruce and Co., 1a, Herne Road, Chiswick, obtained the appointment, and started work the Tuesday before I was arrested. I obtained from Sutcliff and Co. and order for 5 cwt. Of soap powder at 10s. 6d. for Bruce and Co. I did not know of any dishonest business by Hayward or Sutcliff and Co. I knew nothing with regard to Hardcastle Routledge and Co., except taking a note or order from Holman. Arthur Bathurst one day asked me to call at Norden's, ask if they had any mantles at 16s. or 17s., and, if so, to order a few. I did so and ordered two gross at 16s., two gross at 17s. 6d., and one gross of inverted mantles at 25s. The order was written out at Norden's, and I signed it "F. Elliott," as A. Bathurst had instructed me to do; he also gave me a memorandum. I was instructed to say I was Mr. Elliott from Sutcliff and Co. I believe on the paper was a reference to J. Caton and Co. There was a little girl employed at Sutcliff and Co.; she had a postcard to write and I wrote her one as a pattern without signing it. I think it was asking for prices. On one occasion A. Bathurst asked me to take the rent to Mrs. Staples, which I did. On one occasion I was there when the girl was unpacking a crate of teapots. Being out of employment I assisted her and put them on the ground. I was not conscious of taking part in any dishonest work. I helped to lift the six kegs of emery powder into the van and rode as far as Camberwell New Road, when I got off and went home. I was shortly afterwards arrested. I never sold or disposed of any article.
brother, A. Bathurst, allowed me to use his place. On December 31 I took three vanloads of goods to Peckford Place, stored them in the shed, and used to take them out and sell them on a barrow. About January 15 A. Bathurst and Crane were loading some resin; they asked me to take it to Dallett, which I did, receiving the money, which I paid them. At the end of January I went to the yard, when I found a van had been waiting an hour to deliver goods. I took the goods in and signed the receipt. About January 29 A. Bathurst and Crane asked me to write a letter for them, which they dictated—to Price and Co. On January 31 they showed me a postcard from Adams about buying some resin, and asked if I would see him when he called, show him the resin, and ask a price for it. Adams came and offered £7 for it, or £6 17s. 6d. if he carted it himself. I telephoned to A. Bathurst and Crane, and they instructed me to take the price. I delivered it and received the money, paying it to Crane or my brother; they were both there waiting when I got back. In February I left Peckford Place. I had nothing to do with Hardcastle Routledge and Co. I have never received a farthing from my brother or Crane in connection with the concern. I took my goods to Peterborough, but finding I could not sell them I returned to London, and my brother introduced me to George. I stayed with him and we worked together selling second-hand goods. One day we called at Sutcliff and Co. 's in Myatt's Road; A. Bathurst, Charsley, George, and a little girl were there. Mrs. George told me her daughter, who was at Sutcliff's, was liable to fits, and asked me to look in and see if she was all right, and after that I called in nearly every day. There were some letters set out for the little girl to copy, and while my brother, George, and Charsley were in conversation I wrote the letters for her, as she could not write properly. I was never there when goods were delivered, except five bags on the day of my arrest. I have never received any money from the proceeds of any goods that have gone to Sutcliff. I have never given anybody a reference. As to Holman's remark that I had stolen the key of his warehouse, he gave me the key of a warehouse he had next door to the "Lilford "in Lilford Road.
Cross-examined. I had my letters delivered at Peckford Place to care of Morton. (Witness admitted having written and signed letters and orders as stated in the evidence.)
(Tuesday, July 5.)
HAVELOCK R. V. BOTWRIGHT , cashier, London and South-Western Bank, Camberwell Green Branch. (To Holman.) You had an account with my bank in the name of B. Hayward, 8, Holland Road, Brixton, opened November 16, 1909. The account was quite satisfactory.
Cross-examined. The last cheque drawn was January 24, 1910, for 6s. 6d. making an overdraft of 5d.; since then the account has not been operated on.
WILLIAM HENRY HOLMAN (prisoner, on oath). The third week in January I failed in business. I had £100 worth of goods in a ware-house in Lilford Road, which was taken by the City firms who had supplied me. I had then £34 in the bank, which I paid to my creditors. The goods were drapery, boots, etc. I was a tallyman. I then got a berth to assist another tallyman—Thompson, of 5, St. Mary's Road, Peckham. Before Christmas I was at Peckford Place two or three times and bought goods from Hardcastle Routledge and Co.—tumblers, mantles, etc. I had no dealings whatever with Sutcliff and Co. I took a room as stated at 112, Holland Road, until I could obtain the house at No. 8, where I carried on my business. When I failed I had about eight creditors. (To A. Bathurst.) I owed Hardcastle Routledge and Co. about £10. I paid my rent of No. 8 up to Christmas. I cleared out and left No. 8 without notice.
Cross-examined. I had traded in the name of Bertram Hayward since October, 1909—it is my wife's brother's name; he has been dead three years. I have known A. Bathurst for about 18 months as a traveller. I never heard of Hardcastle Routledge and Co. until I took the room at 112, Holland Road.
Verdict: A. Bathurst, S. Bathurst, and Crane, Guilty; Holman, Guilty in a lesser degree; Charsley, Not guilty.
(Wednesday, July 6.)
Arthur Bathurst, Charsley, Stanley Bathurst, Adams, and George were tried on charges of obtaining and attempting to obtain goods in the name of "J. Sutcliff and Co. "by false pretences.
A. Bathurst pleaded guilty.
Mr. Graham-Campbell stated that in view of the verdict of not guilty returned in the previous case and the subordinate part Charsley had taken, the prosecution did not propose to offer further evidence against him. The Jury returned a verdict of Not guilty.
LOUIS VERNON JESSOP (Grindlay and Co.), GRACE STAPLES, PHILIP WILLIAM CUSING, JAMES CATON, RICHARD NURSEY, THOMAS CLIFFORD, FREDERIK WILLIAM NASH, HAVELOCK BOTWRIGTH, EDWIN GEORGE WARD, CHARLES HAWKINS, JOHN JONES, ALFRED WARD, and AUGUSTUS BLAKESLEY CASH gave similar evidence to that in the previous case.
JOHN HENRY CRUMPSTY , secretary to G. and G. Blackwell and Sons, Limited. Liverpool, emery grinders, part proprietors and selling agents of the Diamond Emery Company. On April 13, 1910, I received post-card from J. Sutcliff and Co. asking for samples and lowest wholesale terms for emery powder, and on April 16 letter giving sample order and referring to J. Caton and Co., glass bottle manufacturers, 79, Ethelred Street, Lambeth. J. Caton and Co. were not referred to owing to an error, and on April 29 six kegs Diamond emery, value £5 9s. 8d., were dispatched to Sutcliff and Co. on 14 days' credit. We have not been paid. On May 27 I saw the kegs at the police court.
Blackwell and Sons, 6 and 7, Cross Lane, Eastcheap. On May 4 I received communication from our Liverpool office and wrote postcard offering five cases emery at 10s. per cwt. to J. Sutcliff and Co.; they replied accepting the offer and I gave instructions to the London and North-Western Railway to deliver same to the value of £2 15s. On May 9 I received letter from J. Sutcliff and Co. asking for quotations for French chalk and plumbago, which we forwarded, but did not deliver any goods.
FREDERICK BULLER , checker, S. E. and Chatham Railway, Camberwell Station. On May 4 I received instructions from the Diamond Emery Company; on May 6 order produced was brought to me by prisoner Adams and two other men, whom I do not identify. I delivered six kegs, which were signed for in the name of "T. Brown. "
PERCY OLDFIELD BRADBURY , clerk, goods office, Midland Railway Company, St. Pancras. On May 5 George produced to me invoice for emery, value £5 9s. 8d., from Blackwell, Liverpool, to Sutcliff and Co. and demanded the goods, which were delivered to him.
GEORGE ANTHONY YATES , 42, Atlantic Road, Brixton, oil and colourman. On May 10, A. Bathurst called and sold me 1 3/4 cwt. Of emery powder at 8s. per cwt.—14s.—which I paid him and he gave one receipt produced in the name of J. Sutcliff and Co.
DOROTHY GEORGE (called by S. Bathurst). I live at 79, Ethelred Street. The prisoner George is my father. I was employed by J. Sutcliff and Co., 18a, Myatt's Road. S. Bathurst used to call there occasionally—he gave me no orders; he was not one of my governors. When his arrest took place I was taken to the station. An officer told me and S. Bathurst to turn our pockets out. I produced a key.
Cross-examined. I knew S. Bathurst by that name. I first knew him in April, where he stayed for about two weeks at our house, 79, Ethelred Street. Mr. Sutcliff (A. Bathurst) engaged me to go to 18a, Myatt's Road. I wrote some of the letters; A. Bathurst wrote others—no one else to my knowledge. I answered the door at Myatt's Road, and sometimes said Mr. Sutcliff was not in when he (A. Bathurst) was. I was left there alone, and if goods came I took them in and signed for them.
(Thursday, July 7.)
HENRY ADAMS (prisoner, on oath). Since June, 1909, I have been dealing in china, glass, and earthenware at 17, Glebe Mews, in the name of James Carroll. I first met A. Bathurst in Vassall Road, Brixton, in January, 1910; he stopped me as I was driving a van, asked if I could do with some teapots, and gave me a card of Hardcastle Routledge and Co. I went with my brother, Robert Adams, to Peckford Place, bought the teapots for £14, and paid £10 10s. in cash and £3 10s. by cheque. That is the only time I went to
Peckford Place. In April A. Bathurst called on me as a traveller for Laing and Co., Houndsditch, glass dealers. About a fortnight afterwards he called and borrowed 10s. from me, leaving his bag and samples as security. I afterwards met him in Kennington and asked for my 10s. He said he was out collecting money, and if I would call at his place he would pay it—he gave me a card of J. Sutcliff and Co. I called at 18a, Myatt's Road, and saw Charsley and Dorothy George. Charsley said A. Bathurst was out. I waited outside about an hour when he returned, and we went into Sutcliff and Co. 's. He said he would pay me the 10s. in a few days. A few days afterwards (April 28) he called on me and said he had some teapots if I could do with them. I went the same morning about 12 and saw the crate which had just been delivered, the railway van being outside. I bought seven long dozen at 10s., the long dozen consisting of 42, 36, or 30 teapots, according to size. I paid him £1 as deposit, took a receipt, and took the goods in my van to Glebe Mews. It is not true that I went with Charsley to take 18a, Myatt's Road. Buller's evidence is not true that I was at the railway station with two men when the emery was taken and signed for in the name of Brown. At the beginning of May A. Bathurst called on me and said he was in difficulties and wanted a loan of £2 10s. He produced an invoice with the top cut off for some emery, and said he would leave me the emery as security. To get rid of him I consented to lend him the £2 10s. He brought the emery to my premises. I never gave a reference to Sutcliff and Co. I had a banking account and have been carrying on a genuine business at 17, Glebe Mews. I traded as James Carroll because I had a brother in the same business. The police took from my premises receipts for over £400 worth of goods. I called on two or three occasions at Myatt's Road to get my 10s. from A. Bathurst.
ARTHUR BATHURST (prisoner, called on behalf of Adams). Charsley and I called on Mrs. Staples to take the premises, 18a, Myatt's Road; I handed her the 2s. deposit. I borrowed £2 10s. from Adams on the emery, which was deposited with him as security. I first met Adams about 12 months ago at his brother's. I next saw him at the beginning of this year.
S. Bathurst and George then addressed the Jury.
Verdict: S. Bathurst, Adams, and George, Guilty of obtaining and conspiring to obtain goods by false pretences.
Adams confessed to having been convicted at South London Sessions on November 16, 1904, receiving 15 months' hard labour for warehouse breaking. George confessed to having been convicted at this Court on January 12, 1903, receiving three years' penal servitude for larceny, receiving, and forgery. S. Bathurst was stated to have been fined 30s. or two months on May 18, 1905, for selling intoxicating liquors without a licence, and on March 26, 1906, fined 20s. or seven days for stealing an umbrella.
Sentence: A. Bathurst, 12 months' imprisonment; S. Bathurst, Crane, Adams, and Holman, six months' imprisonment; George, nine months' imprisonment.
The Common Serjeant, in discharging Charsley, cautioned him, and said that he had been treated very generously by the prosecution.
BEFORE THE RECORDER.
(Friday, July 1.)
TODD, Ernest (35, bagmaker), and RODD, Thomas (41, labourer) . Both assaulting Abraham Thurgar and Thomas Hook, with intent to prevent the lawful apprehension of the said Ernest Todd; both assaulting Abraham Thurgar and Thomas Hook.
Mr. Merlin prosecuted; Mr. Clarke Hall defended.
Prisoners pleading guilty of a common assault upon Thurgar and Hook, no evidence was offered on the other indictments, and upon those a verdict of not guilty was entered.
It appeared that Todd's wife had incurred a debt without his knowledge, judgment being obtained against him, of which he was unaware. When the County Court officers, Thurgar and Hook, called to take him to prison, Todd, not seeing the warrant and not knowing why he was being taken there, with the assistance of Rodd attacked the officers. It was stated that the vision of one of Hook's eyes was likely to be permanently impaired.
Sentence on Todd was postponed till next Sessions; Rodd was released on his own recognisances in £25 to come up for judgment if called upon.
Mr. Travers Humphreys prosecuted; Mr. Muir defended.
Prisoner was stated to be a German who had resided in this country five and a half years, and was a company director.
Dr. FREDERICK BRYAN (late medical superintendent of the Portman Asylum and late assistant medical officer of Colney Hatch Asylum) was called by Mr. Muir, and said he would be prepared, with the doctor who had attended prisoner, to certify him as a lunatic.
(Monday, July 4.)
On Dr. Hugo Ascher's (prisoner's brother-in-law) undertaking to take him to Berlin and there put him in confinement, and not allow him to return to this country, the prisoner was released on his own recognisances and those of a surety in £200, to come up for judgment if called upon.
BEFORE THE RECORDER.
(Saturday, July 2.)
KNAGGS, William (23, tailor), HARTMAN, Frank (19, baker), HARTMAN, Archibald (29, carman), stealing seven reams of large post paper and three reams of brown paper, the property of Strong, Hanbury, and Co., Limited, the masters and employers of William Knaggs; second count, receiving that property knowing it to have been stolen.
Knaggs and Frank Hartman pleaded guilty.
Mr. Purcell prosecuted.
Detective-sergeant GEORGE GALE, City Police. On June 11 I kept observation on College Hill Chambers, the basement of which is used by Strong, Hanbury and Co. as a store room. At about 10. 20 a. m. Frank Hartman (Archibald's younger brother) came with a barrow and loaded it with paper from the depot. I followed him to the City Road Tube Station, where he waited two or three minutes, and was joined by prisoner. They together pulled the barrow to Barron Street, Islington, and Frank pulled it from there to 92, Chapel Street, prisoner following about 50 yards behind. Frank went in and Archibald walked up and down, keeping observation on the barrow. Frank came out and took into the shop two reams of brown paper and one ream of large post. He then came out and spoke to Archibald and he went on to 89, Chapel Street. He stopped there a few minutes and when he came out he pulled the barrow with the remaining paper to Barnsbury Street, preceded by prisoner. I arrested Frank and another officer arrested Archibald and brought him back to us. I told them I should arrest them for stealing and receiving 10 reams of paper, the property of Strong, Hanbury and Co. They made no reply and were taken to the station. Archibald gave his address as 76, Hornsey Road. On going there, in the back room on the first floor, occupied by prisoner and his wife, under the bed I found 11 reams of paper. I took it back and showed it to prisoner, who said, "I knew you would find some paper in my house. My brother Frank told me he had bought the paper on Thursday, June 9. I told him I would have no more dealings with the paper, as I knew trouble would come of it." When finding the paper Knaggs came in. Madden, the prosecutors' foreman, identified the paper found in prisoner's room and at the two shops in Chapel Street.
Cross-examined by Prisoner. It is about a mile from the depot to where Frank met you. There is a hill from where you met to where you left him. I noticed that you looked at me in Chapel Street. I do not say you knew me. You walked briskly in front of Frank when he came out of No. 89. When I went to your room your wife told me she was leaving that day. She was not packing. I should say under the bed was the only place to put the paper. She was penniless and I assisted her. When Knaggs came he asked your wife if your brother was in and she said "No." He came upstairs and
when he saw us in the room he started to go back again, but she shut the door behind him.
JAMES MADDEN , foreman, Strong, Hanbury, and Co., paper merchants. We have a temporary warehouse at College Hill Chambers, where Knaggs was an assistant warehouseman. Frank had been in our employ, but he had left some few months before this. I have been shown the paper that was found in Chapel Street and Hornsey Road, of which these are some specimens (Exhibit 3). It is the property of my employers, which had been stolen from College Hill Chambers.
To Prisoner. I have never seen you before.
Prisoner's statement before the Magistrate; "If I had anything to do with it I must have derived some benefit from it. I wish to prove that I have been working and my wife was in the infirmary for confinement and she had to pawn her wedding ring for food; I had to pawn the coat off my back; that the furniture in the room was not ours, and that we have been practically starving. "
(Monday, July 4.)
ARCHIBALD HARTMAN (prisoner, on oath). I am a carman. On Thursday, June 9, my brother Frank came to my room at 76, Hornsey Road and asked me if he could leave some paper which he had brought while he went for another order, which he said he was going to deliver. He said he had bought it shop soiled, but it looked pretty clean, so I made up my mind he should take it away the first chance I had got. I did not see him again till the 11th, when I saw him in the City Road. I had previously been to see a man about taking fresh rooms I asked him when he was going to take the paper away and he said he would that morning. He had a barrow with some paper on it and he asked me to help him pull it up the hill. He told me he was dealing in shop-soiled paper on his own. I did not know he was at Strong, Hanbury and Co. 's. At the top of the hill I followed him to see if he went to my room. When he came out of the first shop I asked him about it and he said he would bring the stuff away as soon as he had delivered the stuff he had got on his barrow. He told me to go home and get it ready for him; then I was arrested. On the way from Upper Street to the Cloak Lane station I told the two officers that there was some stuff in my room.
Cross-examined. I have seen him two or three times a week prior to my arrest, and since my wife left the infirmary, which is seven or eight weeks ago. I did not notice any name on the wrappers on the paper he left. He had not dealt in paper before this, to my knowledge. He has been at all sorts of work. He showed me a lot of money he said he had won racing, and said that he was going into the paper business. I have seen him since I was committed for trial I spoke to him this morning. I have not said before that he told
me he was a dealer in shop-soiled paper and that I had taken charge of this paper for him; I knew the case would come up for trial and I wanted it brought before the Jury. I believe I told Gale about it. I have seen Knaggs with my brother twice in Thames Street, but I do not know him. I cannot explain why he should come to my house; except that he had made an arrangement with my brother. I never gave him my address. They talked about paper on one of the occasions I met them.
ANNIE HARTMAN. I have been married to prisoner two years and six months. I remember two days before the arrest Frank bringing some paper to our room in 76, Hornsey Road and asking if he could leave it there until he sold it. He said he was buying paper; he did not say anything about soiled paper to me. It was put in the corner of the room at first, and on Saturday morning, wanting to take up the oilcloth, I put it under the bed. He had not been there for months until he came there with the paper. I have now moved to 44, Liverpool Road. Frank told me at Brixton that my husband knew nothing about it; he said he had been telling lies all the time.
Cross-examined. Knaggs came to see Frank while the police were upstairs. He had been twice before to see Frank. I did not know what his occupation was then. On this occasion I invited him to come, upstairs and when he saw Madden he wanted to get away, but I pushed him back into the room. The police had told me previously that he had stolen the paper. Frank had not been near us for months until he came after I came out of the infirmary, which is six or seven weeks before the arrest. He used to come for meals. I do not think the police saw Knaggs until I pushed him in, because they were behind the door, looking at the paper. I pushed him in to assist the police and they arrested him.
FRANK HARTMAN. I was in Strong, Hanbury's employ about 10 weeks ago. I was with them six or seven weeks. I was in the same position as Knaggs, who was an assistant warehouseman. I told my brother on June 9 I was buying job lines of paper and asked him if I could leave this paper up there a couple of hours whilst I delivered some more. He said he had no room for it and asked me why I did not take it home. I said I would come back directly I had delivered what I had got on the truck and take it away. After pressing him for some time he consented to take it. Knaggs had stolen it from Strong, Hanbury and Co. and handed it to me. When I came out of the shop in Chapel Street he told me to move the stuff away as he was moving. I did not expect to see him there. When I came out of the second shop he again pressed me to take it away, and I said, "All right. Sling off. I will come and get it," and I told him to go home and get it ready.
Cross-examined. I could hear what my brother said in the witness-box to-day. I did not see much of him last year. I saw him for the first time this year about six weeks before I was arrested. I never write to him when I am away from him. I did see him last year. I was convicted on September 27, 1909, at the Worksop Petty Sessions
for obtaining a bicycle by false pretences and I got two months. I was again convicted on November 1, 1909, at the Sheffield City Petty Sessions for a similar offence and I got three months, to run concurrently with the other two months; I was serving my previous sentence then and I was brought up for this one. I have pleaded guilty to three indictments in this case.
Frank Hartman confessed to a conviction for obtaining goods by false pretences at the Worksop Petty Sessions on September 22, 1909.
JAMES MADDEN stated that his firm had missed altogether £30 worth of paper; that Knaggs had been in their employ for three years and Frank Hartman two months when Mr. Wheatley, who had introduced both of them, took him away; and that there had been no complaints about them previous to this.
Sentences: Frank Hartman, Nine months' hard labour; Knaggs, Three months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, July 2.)
Mr. Menzies prosecuted; Mr. Eric Dunbar defended.
HARRIET BARRON , 26, Great Percy Street, Clerkenwell. Prisoner lodged with us over 12 months. She absconded on April 15 without giving notice. A few days afterwards I missed a bracelet, watch, brooch, eyeglasses, and a comb. I saw them on May 26 at the pawnbroker's. They are my property. I have lent her only the bracelet and that was for one evening. I have never given her the things.
Cross-examined. I had not known prisoner before she became our lodger. The things were kept in the dressing table drawer in her room because I occupied the room previously. I do not know exactly when it was I lent her the bracelet. I never asked for it back. I have asked for the eyeglasses, but she has always put me off. I do not know why I did not ask for the bracelet. I did not particularly want it. She did not tell me that she had pawned the articles. I have lent her £150. I did not tell her she was at liberty to use them at any time she liked.
Detective-sergeant JAMES LANG. I took defendant into custody at 71, London Road, Southend, on May 24. Amongst her belongings I found three pawntickets relating to the articles the subject of this charge. I told her she was going to be charged with stealing these
things. She said, "Mrs. Barron gave me the things; how can she charge me with stealing them?" She made no further statement when charged.
Verdict, Not guilty. (See p. 333 for the trial of prisoner on another indictment.)
BFORE THE RECORDER.
(Monday, July 4.)
BUGLAR, William , having unlawfully obtained postal orders to the value of £2 5s. 4d., belonging to the British and Colonial Lighting Company, Limited, which were entrusted to him in order that he might deliver it to one Hector Henry Bliss. There were two other counts charging him with similar offences.
Mr. Curtis Bennett prosecuted; Mr. J. A. G. Smith defended.
HECTOR HENRY BLISS , 27, Gloucester Place, Cheltenham. In March I was in the employ of Mr. Moore, builder, and was working at "The Grange," Cheltenham. Prisoner was in charge of a gang of men putting in the gas fittings. Challenger, Mr. Moore's foreman, paid me my wages each Friday night. I was at no time employed by the British and Colonial Lighting Company, Limited, of which prisoner was foreman. Prisoner never paid me any money. I helped him to do some work under my foreman's instructions. The signatures" Bliss" on this wages sheet (Exhibit 1) are not mine. It shows I received 7s. 4d. on March 19 and £1 18s. on March 24. I never saw this document till I was at the police court.
Cross-examined. I think prisoner asked my foreman to allow me to work for him. I worked for him about a week, I should think; it was in odd times. Sometimes I commenced at 9 a. m. and sometimes at 6 a. m., or any time in the afternoon. I think there were seven carpenters working on the job besides myself. I remember Brown working there, but I do not know anything about what he did. (The Recorder suggested that, in view of the case for the defence that the money had been paid to Challenger by prisoner, the cross-examination of this witness had better be continued after Challenger had been called.)
EDWARD HERBERT CHALLENGER , foreman, Messrs. Moore, builders, Cheltenham. Bliss came into Messrs. Moore's employ in March, during which time he was working at Mr. Reid's house. This is his time-sheet for week ending March 24 (Exhibit 4)—it shows that he was paid for 53 hours at 7d. an hour. He makes it out, hands it to me, I check it and pay him. It is not my practice to sign the workmen's names. I have never received any money from prisoner to pay Bliss with; it is not true I put the money into my own pocket. I have been in the employ of the company nearly eight years. I did not know anything about the wages sheet (Exhibit 1) until a gentleman came down on the building and showed it to me. I have general instructions to give all necessary assistance to other companies
that are working on the same job and then my firm send in the bill for the labour lent. I gave my firm the time. Bliss never worked for prisoner on March 18, 19, 21, and 22 and 23, as shown in this Exhibit 4; when he has been working for the company it is his duty to put down "for gasfitters "in the time-sheet he gives me. He worked for the company on March 13, 16, and 17; but no other days. My firm in June sent in a bill to the company for March 13 to 17, 19 hours, 14s. 3d. It is no part of prisoner's business to pay Bliss or to keep his time.
Cross-examined. I had no specific instructions in this instance to lend men. I told Mr. Moore the same day as I had done it. There was no necessity to tell the British and Colonial Lighting Company that I was holding them responsible for Bliss's services, and I do not think it was unfair not to do so. The bill was not sent in to them till June because the work was not finished till then. When prisoner first came to me he asked me if I had a carpenter to spare and I said I had not, but I recommended a man named Brown to him whom he took on. I arranged with him that he should be paid 8d. an hour. I do not know who paid him. I paid Bliss for my master. Prisoner came to me afterwards and said he wanted another carpenter, and I sent him Bliss and arranged that 8d. an hour should be paid for him. I paid him 7d. an hour, so our firm made 1d. profit. I did not tell prisoner that I had instructions to lend him the man and charge it to his principals; I took it he understood so. I do not know whether he expected that the money was to be paid by him when he received it from his company; no question ever entered into it with regard to money. I have never received a penny piece from him. My time sheets would show if I did; they speak for themselves. Neither I nor Bliss made the crosses on his time-sheet. (Exhibit 4.) I can only tell by his time-sheet when Bliss worked for prisoner. I should know to a certain extent with whom he worked, but not the hours to a minute. It made no difference to him for whom he worked. I will not swear that he did not work on March 18 with prisoner, and I would not be prepared to contradict anybody who said so. I do not know whether the account has been paid. There were three firms at work there besides ourselves. I supplied a man named Hall to an Edinburgh firm which was there. I do not think the bill for him has gone in yet.
Re-examined. Hall was not paid for at the time.
To the Court. I am aware that a serious charge is being made against me. I have been with this firm for eight years. I was with Cotterill's, builders, of Bristol, for 13 years. For three years before going to Moore's I was sub-contracting in speculative building. I have not the slightest reason to doubt Bliss's honesty.
GEORGE MELLOR , labourer, Draycott, Derby. From April onwards I was employed by Mr. Mather, gardener at Coton Hall, Hanbury, Burton-on-Trent. Soon after I started prisoner arrived with some men to fix up a gas engine, and I assisted to dig a trench for him. He was to pay me, but no arrangement was made as to the amount. He paid me 13s. 6d. for three and a half days. I worked on the first
week. This signature on this wages sheet (Exhibit 2) is not mine. It shows I received 13s. 9d. on April 29 in full settlement of wages for three days. To the best of my knowledge I received 13s. 6d. I do not remember having seen this Exhibit 2 before. I worked no more than three and a half days. On the following Saturday that he paid me he gave me another 5s., saying that it had been a rough job, but he thought I had earned it. I did not refuse it. The signature on this wages sheet (Exhibit 3) saying that I received 13. 9d. on May 7 in full settlement of wages for April 29 and 30 and May 2 is not mine. I did not receive 13s. 9d. on that day, nor did I work on those days. The time-sheets finish some time before Saturday, so it worked in both weeks; I did not understand it at the time. When he gave me the 5s. he said if I was asked I was to say I had received 13s. 9d. That was all the conversation that took place.
Cross-examined. I told prisoner on the last Saturday on his asking me that I did not mind his signing the second wages sheet for me. I never saw the first one. I worked on the Saturday up till 12 o'clock. I commenced on Tuesday and worked Wednesday and Thursday and half Saturday; I was working for my own master on the Friday. I know there were other men working for prisoner, but I do not know their names. I did not know whether the 13s. 6d. included the work for Saturday. I had not quite finished when he paid me. He gave me 10s. altogether, 5s. of which I was to give to the gardener; he did not say what for. I could not say he employed him. He did not give me any money for him on the previous Saturday. Mather told me that prisoner wanted me for a few days. I may have been digging the trench the second day. It was not a very deep one. I was alone in doing that. I remember for a few hours laying bricks down in the footway; it may have taken a day. I never thought of keeping such things in my head. I cannot say how long I took in doing the separate jobs. I do not think I was working six days. I am sure I was not working on the Monday. Why prisoner should say to me that I was to say I received 13s. 9d. I do not know. Mather was present when he handed me the money.
HAROLD BOYNTON , works clerk, British and Colonial Lighting Company. The writing on these wages sheets (Exhibits 1 and 3) as to the number of hours is the prisoner's. They would be handed to me to make out how much money is due, and then I would hand them to Masden. Exhibit 1 shows £2 5s. 4d. due to Bliss and the other 13s. 9d. due to Mellor.
Cross-examined. He has not tried to disguise his handwriting in any way. He has applied for these time-sheets and has had no difficulty in getting them. I cannot say whether the bill has been paid.
Re-examined. If the handwriting had been disguised it would have aroused my suspicions. It is his duty to fill up these time-sheets for people employed by the company.
me by Boynton, and I purchased postal orders for £2 5s. 4d. and sent them to prisoner. The receipt eventually was received by me, signed "H. Bliss," as also were Exhibits 2 and 3, signed "G. Mellor. "Prisoner had no authority to sign the names of the workmen; and I was under the impression that it was the genuine signature of G. Mellor, and that he had, in fact, done the work for which he had received the money. Prisoner has authority to employ further men. I do not know that he has authority to allow them to make a profit, but Bliss being a good man we would not object to paying 8d. an hour. He would have to take the onus of that on his own shoulders. I write a letter enclosing the accounts for the different men employed under prisoner, and he pays them whether they are in our employment or not. When we get the wages sheets from him we are supposed to pay him and trust that he is doing the right thing.
Cross-examined. I am not aware of any arrangement between ourselves and Moore's. I got a wages sheet from prisoner for a man named Brown. We do not complain of his having employed Bliss if he had employed him justifiably. I have not seen the letter of March 16 saying he had employed Bliss; that would go to the works manager. I do not know his handwriting. The vouchers eventually come back to me and I file them.
Re-examined. We would not have a grievance against prisoner if he had had the money and not having paid it over had returned it to us, but if we had known he, had put it into his pocket we would certainly take action. We are paying twice over in Bliss's case. I received wages sheets from him whilst at Cheltenham in the name, of Foster.
WALTER VINCENT HENDERSON , clerk, British and Colonial Lighting Company, Limited. As instructed, I went on May 7 to Burton-on-Trent with £7 8s. 10d. in wages, of which I handed £2 7s. 6d. to Boot, handing the balance, which included 13s. 9d. for Mellor, to prisoner.
HORACE GEORGE WELLS , clerk, British and Colonial Lighting Company. On April 9 I purchased a postal order for 13s. 6d., to which I attached a 3d. stamp, and sent it to prisoner with receipt (Exhibit 2) to be signed by G. Mellor.
Inspector HERBERT SANDERS, V Division. I served two summonses on May 7 on prisoner at 216, Tottenham Court Road, the first charging him with obtaining £2 5s. 4d. by false pretences in March. He said, "In March? Where is that? I don't know what they mean by 'taking the money for my own use. 'I never received the £1 7s. 6d. He had 13s. 9d. and 13s. 9d. The £1 18s. I don't know who that's for. Something to worry over, that is! I paid him 12s. 9d. on Saturday and I let him have a shilling in the week. They might just as well have told me then. I should not have run away. It is not as if they had not got my address. "He only referred to Mellor except when he was referring to the £1 18s.
Cross-examined. I was present at the first hearing and the second hearing, but I did not give evidence. I thought my evidence had some bearing on the case.
Re-examined. The case never really came on at the first hearing; on the second occasion only Bliss and Mellor were called, and on the third occasion I had duties elsewhere, or I would have been called.
Prisoner's statement before the Magistrate: "The money I have received I have paid out, and I have witnesses to prove that Bliss and Mellor have worked for me. I wish to call a witness. "
Mr. Smith submitted that there was no evidence to go to the Jury on Count 2 as regards Mellor not having received 13s. 9d. on April 29, Mellor having admitted that he might have received that sum. The Recorder agreed and stated that he would direct the Jury to acquit prisoner on that count.
WILLIAM BUGLAR (prisoner, on oath). I am an engineer and was employed by prosecutors as foreman in fitting up a mansion at Cheltenham, with the help of a fitter named Boot and a labourer named Wilkes. My firm never gave me instructions to employ further men, but as I wanted a carpenter I asked Challenger if he could recommend me one. He sent me Brown and I paid him 8d. an hour myself. Not finding him sufficient I asked Challenger for another one, and he sent me Bliss. I agreed to pay him personally 8d. an hour for his services. I booked his time in the ordinary way and sent the wages sheet (Exhibit 1) to my firm. It shows £2 5s. 4d. due, which I received in postal orders and paid to Challenger. Instead of sending me 7s. 4d. one week, they made a mistake and stopped 11 hours, and the next week Bliss's money came to 1 1/8 s., and they forwarded his extra day's pay, which accounts for the two sheets in Exhibit 1. Challenger gave me no receipt nor did I ask for it. I signed Bliss's name, as it is our practice to do. I was under the impression that in paying Challenger I was refunding the money to Mr. Moore; I considered myself personally responsible to Challenger. I went from Cheltenham to Coton Hall, in Derby, where I found I wanted extra work in digging a trench. I asked the head gardener if he could find me a man and he sent me Mellor. He began on the Tuesday morning and I paid him at the rate of 5 1/2 d. an hour. We had not previously made any arrangement as to payment. He worked six days and on the first week I paid him 13s. 9d. His week finished up on the Thursday and on the following Saturday I paid him another 13s. 9d.; his time having started again on the Friday, when he worked on that day, Saturday, and Monday. I made the sheets out and signed them in front of him, as he wished it. I cannot account for his saying that he did not receive the second 13s. 9d. I gave him no money for the gardener. I did not give him 5s. and tell him to say that he had received 13s. 9d., nor did I say that I thought, the work being rough, he had earned another 5s. The trench was only one foot deep. The gardener never worked for me. I have never kept any money that I received from the company for these people.
Cross-examined. This was the first time I had met Challenger. We were always quite friendly. I know nothing against Bliss. He is making a big mistake in saying that he only worked on March 13,
16, and 17 for me; I cannot account for it. I paid Challenger the £2 5s. 4d. two hours after I received it. He did not have any time-sheets, he always referred to his pocket book when he had the money. I could not say whether Bliss only worked six and a half hours on March 17; whatever I have in my time-sheet is right. If I give him a job in the morning I do not look at him every hour to see if he has finished. A man named Foster used to assist me at Cheltenham. I never had a row with Mellor. The only way I can account for his saying untruths is Henderson, a man working in our firm, having a grudge against me, put him up to it. I do not suggest that he went in the same way to Challenger. I do not think Mellor knows when he did work. He is either mistaken or lying when he says he only worked three and a half days.
Re-examined. I have been in this company since last October. I have been employed at Messrs. Lowe and Siren for fifteen or sixteen years; I was for three years with Kite and Company and six years with Burke's, at Store Street, Tottenham.
JAMES BOOT , gas fitter. I worked for the British and Colonial Lighting Company with prisoner at Coton Hall and Cheltenham. In March, I suppose it would be, I remember Bliss, a carpenter, at Cheltenham. He worked with prisoner about two or three weeks I should think; but I never kept any account; it is no business of mine. It would certainly not be less than eight days. Friday is the beginning of our week and Thursday is the end. I have known him work from the Thursday to the Friday. He worked along with me. Prisoner signed for me; it is the practice. He has paid me all the money that was due to me.
ALFRED GEORGE WILKES , fitter's mate. I was working with prisoner for this company at Cheltenham. A man named Bliss was working then. I should say he worked with prisoner from three to four weeks. I kept no record of it; it was no part of my business. I remember on one Saturday after prisoner had paid me he went into the builders' office. I do not know whether he had any money on him then. I was working also at Coton Hall. Mellor started work on the Tuesday and "knocked off "on the Monday following—six days I think it was. I was working in the trench till the Saturday, and then he had to fill it in on the Monday.
Cross-examined. I suppose he is doing himself out of two and a half days if he says he only worked three and a half days. I believe Mather looked after the engines for prisoner.
JAMES BOOT (recalled). To the Court. I remember Mellor digging out a trench at Coton Hall. I should think he worked about a week, as near as possible. I kept no account of it. I could not help seeing him. I do not know whether Mather was employed by prisoner.
Verdict, Guilty on Counts 1 and 3, Not guilty on Count 2.
It was stated that as far as could be found out the same sort of thing had been going on for months previous to March; and that in one case, a man named Foster who could not be traced, prisoner had obtained £7.
Sentence, Nine months' hard labour on each Count, to run concurrently.
BEFORE JUDGE LUMLEY SMITH.
(Monday, July 4.)
Mr. Travers Humphreys prosecuted; Mr. Eustace Fulton defended.
ABRAHAM BOUGHTON , 48, Church Road, Hendon, greengrocer. On June 9, about 3 a. m., I was at a coffee stall at the corner of Ossulton Street and Euston Road. A woman had accosted me in Euston Road, said she was starving, and I treated her to coffee and bread and butter. I had a cup of coffee later. I walked away. At the corner of Ossulston Street prisoner spoke to me. He said, "Are you going to treat us. "I said, "Come over and have a cup of coffee." He said, "No, I will have a drink in the morning when the pubs are open. "I put my hand in my pocket and pulled out two sovereigns, a sixpence and fourpence in coppers. I gave prisoner twopence. He said, "I see you have some gold. That is a funny place to put it, amongst silver and coppers. I should put that separate." With that we walked along towards Chalton Street. Going along he picked up a piece of paper off the path. He said, "Give me them two sovereigns. I will wrap them up in this paper. "I gave him the two sovereigns and he wrapped them up as I thought. He undone my waistcoat. I had two waistcoats on, and put it inside my under-waistcoat top pocket. This took place between Ossulston Street and Chalton Street. As soon as he put it in my pocket I put my hand in my pocket to feel if it was safe. I took the paper out and found there was only one sovereign. I told him so and he said, "You must have dropped it. "I said, "How could I drop it when you put it in my pocket?" He said, "Very likely I might have dropped it; let us walk back and see whether we can find it." This was at the corner of Chalton Street at the Ossulston Street side. We walked back to where I first picked him up. We looked for the sovereign, but could not find it. I said, "You have got the sovereign." He said, "I know I ain't; I will turn out my pockets." He only turned out his trousers pockets. I said, "It ain't there; I know where it is; it is in your tunic pocket. "He said, "I have not got it." With that he walked fast away, as he saw the sergeant. He said, "I will see you in a minute. "I did not see the sergeant. I waited there about half an hour, thinking prisoner would come back. I then walked up Euston Road towards Portland Road. I then saw an inspector, who sent a policeman with
me to Somers Town Police Station. My suspicions were aroused as soon as prisoner put the money in my pocket. At Somers Town Police Station I made a statement, which was taken down in writing and signed by me. I waited at the station and later on was asked to go into the yard to see if I could pick out the constable I had made a complaint about. There were 20 to 30 constables. I picked the prisoner out. I touched him and said, "I believe that is the man. "
Cross-examined. I live at Hendon. I left there at 11 p. m. and walked from there to Euston Road. I was going to market at Covent Garden. I had not been drinking at all. I know the coffee stall well. I have been there about once before. It is about one and a half to two miles from Covent Garden. It is important to get to the market early. I was in a hurry. I did not walk away when the policeman spoke to me, because he stood in front of me and detained me. This was six or seven yards from the coffee stall. The coffee stall keeper could not see us. The stall is round the corner out of the way. I gave prisoner two pennies about half way between Ossulston Street and Chalton Street. He was in a doorway at the time. I gave prisoner the two sovereigns because he said I might lose it, because he saw it mixed with the copper and silver. He said, "You might give it away in mistake. "I usually keep gold separate. I do not usually wrap my money in paper. I was surprised that he went and got a piece of paper for me. I gave him the money after he picked up the paper. I thought I could trust him. He picked up the paper half way between Ossulston Street and Chalton Street. I missed the sovereign at the corner of Chalton Street. If the sergeant walked past prisoner or me I did not see him. I must have had my back turned to him. My back would be towards Chalton Street. It was about 5 a. m. when I saw the inspector. I first complained to the constable in Euston Road at about 5. 20. I have said I waited about there half an hour. I might have been more than half an hour. It was two and a half hours after I was robbed when I met the inspector. That would be about two miles from Chalton Street. I walked slowly up towards Portland Road. You can go that way to Covent Garden. As soon as I lost the sovereign I was looking out for an inspector. I was waiting about there to see if I could see the prisoner come back.
Inspector CHARLES ISLIFFE, D Division. I was on duty in Euston Road, about 5. 20 a. m., near Portland Road Station, when Boughton made a complaint to me. That is about a mile from Ossulston Street. I had a constable with me, and sent him with Boughton to Somers Town Police Station.
Cross-examined. My duty takes me up Euston Road towards King's Cross as far as Endsleigh Gardens, which is a quarter to half a mile from Ossulston Street. I was only there once during the night. There would be sergeants about there.
Inspector FREDERICK HARTLEY, Y Division. At 6 a. m. on June 9 I came into Somers Town Police Station from patrol. I saw Boughton there. From what he told me I directed that all officers coming off
night duty should be kept in the yard. Prisoner and 21 others were there. Boughton picked out the prisoner. They were all in a single line. I had explained to them the nature of the complaint and asked if anyone's attention had been called to the occurrence and told them to fall in and take what position they chose. When Boughton picked prisoner out he said, "I think that is the man. "I called prisoner into the charge room, explained the seriousness of the complaint to him, and asked him if he was willing to turn out his pockets. He said "Yes." He commenced to turn out his pockets, took his pocket-book and other official papers from his tunic tail pocket. Before asking him if he was willing to turn out his pockets, I said, "I might also ask you if you have a sovereign in your possession?" He replied, "No. "I had reminded him, "Yesterday was pay-day." He took off his tunic and laid it down in a chair. I then heard a rattle of something. I said, "What is that?" The tunic was shaken at the corner. I asked prisoner to take out what was in it. He pulled out a sovereign and 1 1/2 d. in bronze. I took the sovereign out of his hand. He said, "That is what I got in my pay yesterday. "I said, "All the money I saw paid yesterday was new, and this is an old one. "He made no reply. I then wired the particulars to the superintendent for directions. Prisoner was formally charged by the chief inspector, and in reply said, "I never did such a thing. "
Inspector ALFRED SMITH, Y Division. I paid the men of part of the Y Division, including prisoner, their wages. I paid prisoner a sovereign and half sovereign—they were brand new coins—10s. silver and one penny. All the coins I had in my possession were brand new from the Bank of England that morning.
Chief-inspector JOHN COLEMAN. I was sent for and went to Somers Town Police-station on June 9, about 11. 30 a. m., to investigate this matter. I took statements from all the witnesses concerned in prisoner's presence, and then told him it was proposed to charge him with stealing a sovereign by means of a trick. He said he wished to make a statement to me. I took it down in writing: "I was paid £2 yesterday, Wednesday, 8th, viz., £1 10s. gold, 10s. silver, and one penny in copper. I went home. I had the other £1 in the house; I took it out with me last night when I went on duty, also 2s. 6d. I also had a few coppers. I wish to say I have never seen the man Boughton in my life before. I saw him at the station. "
Sergeant EDWARD HODGE, Y Division. I was in charge of the section which includes prisoner's beat on the night in question. At 2.50 a. m. I was at the corner of Chalton Street and Euston Road. I came along Euston Road from east to west. I saw prisoner at the corner of Chalton Street and Euston Road on the east side. That side is off his beat. He was talking to Boughton. I was about five yards from them. As soon as prisoner saw me approaching he walked off to his own beat. Boughton turned down Chalton Street and prisoner came back towards me. I asked him what he was doing talking to the man. He said, "He called me over and spoke to me about losing £2 with some
woman. "I looked round and saw Boughton had disappeared, and told prisoner to go on working his beat.
Cross-examined. I was on the same side of the road as the coffee stall. Euston Road is fairly well lighted. I could see some little distance in front of me. If prisoner stood in Euston Road I should not have seen him until I got to Ossulston Street. I did not see anybody when I got to the coffee stall. I heard no outcry of any sort. I saw Boughton at the corner of Ossulston Street leaning against a shop. I did not see him full face. He made no complaint. He was a sort of holding up the wall.
Police-constable HERBERT HATTON, Y. I went with Sergeant Hodge to the corner of Chalton Street. Prisoner saw me there. He was with prosecutor. Sergeant Hodge asked him what he was doing off his beat; he replied that prosecutor had lost two sovereigns in the company of a woman. I saw prisoner again at 5. 30 in Chalton Street. He showed me a sovereign. He said, "I have won this; I backed a horse yesterday. "
Police-constable JAMES SANDALLS, 846 Y. I saw prisoner at 6. 5 a.m. on June 9 as I was going off duty. He said "I had a win yesterday. "At the same time he produced a sovereign and 1 1/2 d. coppers from his waistcoat pocket. I asked him the name of the horse. He said, "I will tell you when we get in. "When we got in we were paraded. He did not tell me anything more about it.
DONALD FRASER (prisoner on oath). On the morning in question prosecutor was standing at the corner of Ossulston Street with his back against the wall. He called me over. I crossed over. He said, "I have lost £2, taken by some woman." This was about a minute before the sergeant came up. Prosecutor seemed the worse for drink; he could hardly talk properly. The sergeant asked me what I was doing off my beat. I explained what prosecutor had called me over for. I continued on my beat all night. Hatton came round the corner with the sergeant. I saw Hatton again at 5. 30 a. m. in Chalton Street. He was on the other side of the road sitting on a coster's barrow. We got talking about horses and one thing and another. I said, "I have been lucky and won a quid on a horse yesterday. "I did not win that £1 on a horse. I said it in a joking way. I took the sovereign out of my waistcoat. We both went along together and at the relief point I saw Sandalls. I was talking to him about two minutes before the sergeant came up. Hatton was there, about two or three yards at the back. I told Sandalls I won £1 on a horse, and told him I would tell him the name of the horse at the station. It was said in a jokey way. Then the sergeant came round and I put the money in my tunic pocket, as we are not supposed to talk on duty. At the station we were all lined up in a row for the man to be picked out who was accused of stealing the" sovereign. Prosecutor came up the line and turned his back to go away, when the inspector said, "You had better look to see if you can find
him." Prosecutor came down the line a second time, and was going to put his arm on another police-constable when he put his arm on me and said, "I think that is the man." He was not sober then. In the charge-room the inspector asked him if I was the man. He said he was not positive, as it was between the lights. The inspector asked me if I had a sovereign belonging to prosecutor. I said "No." I did not understand him to say, "Have you a sovereign in your possession. "I was asked to turn out my pockets; I knew I need not unless I liked. I did so because I knew I was innocent. In putting my tunic on the chair there was a rattle of money. When I was charged I said, "I had never seen prosecutor before. "I did not recognise him when he came to the police-station; his head was down against the wall, and he had had a drop of drink. The inspector asked if there were any policemen at the coffee stall. I had not been there at all. I could not say if prosecutor was the man I saw twenty yards away from the stall. I did not take sufficient notice of him, and could not identify him at the station in the morning as the man I spoke to.
Cross-examined. The story given by prosecutor is a lie. I have never seen him in my life to my knowledge. He told me he had lost two sovereigns. It must have been drink that caused him to tell the inspector a policeman had robbed him of a sovereign. Police-constable Hatton's evidence is not true. We had a chat together before I brought out the sovereign. I told him for a joke that I had won it. I had won a sovereign, but I did not get it. The sovereign I had I brought from my house the night before. We are always having jokes with one another. We were not talking of any horse in particular, but horse-racing generally. I told him when we got to the yard I would tell him the name of the horse. I was going to invent one. That is my idea of a joke. At the identification prosecutor after walking down the line turned his back and said he could not see. The inspector said, "Have another look," or "See if you can see him here. "
Verdict, Not guilty.
BEFORE THE RECORDER.
(Tuesday, July 5.)
EISLER, Gustav, otherwise KITTS, Thomas (43, traveller), and ROBERTS, Lionel Crosby (25, shoemaker) . Conspiring and agreeing together to obtain by false pretences and in pursuance thereof obtaining from R. Lehmann and Company, Limited, two tons in weights of starch on January 18, 1910, from James Epps and Company, Limited, three hundredweight in weight of cocoa, from Walter Moody and another a quantity of boot polish, from Richard Webster 12 clocks, from Remington and Company, one typewriter, from Yost and Company, Limited, one typewriter, in each case with intent to defraud.
Mr. Purcell prosecuted; Mr. St. John McDonald and Mr. Leet defended Eisler; Mr. G. F. Carter defended Roberts.
CHARLES WEBSTER , cabinet maker, 37, Scrutton Street. I am landlord of No. 35, Scrutton Street, which is a warehouse consisting of a basement and two floors. On October 4 Eisler, who gave the name of Kitts, and another man whose name on a latter occasion I understood to be Matthews (it was really Aspland) came to me about taking those premises, Eisler saying they wanted them for a hardware firm, Thomas Kitts and Co. I said I wanted £85 per annum. Eisler looked over the premises. Aspland said to him, "What do you think? Will you take the premises?" Eisler then asked me if that was the lowest I would take. I said "Yes," and then he said "I will take the premises." They said they had goods stored away in another warehouse for which they were paying a heavy rent, and could they take possession at once. I said they could. This is the agreement. It is for three years, the rent to be paid quarterly, not in advance, and it is dated October 4, and signed, "Thomas Kitts." They took possession on the same day or the day after. Subsequently I saw Eisler several times on the premises. The principal one I saw was Aspland. I saw Roberts occasionally—I took him to be an employee—and other employees. Vans used to come to deliver and fetch away goods. The first quarter's rent becoming due at Christmas I asked Aspland for it, but he told me that Kitts was away in France. I asked for it several times down to January 17, when I saw no more of them. I never got my rent. I found the premises shut up on January 18, there being left only a few odds and ends worth about £2. On that day I received this letter (Exhibit 2), which, to the best of my knowledge, is in Eisler's handwriting. I have been away for about four weeks, and just this week ascertained that I have been "falling into the hands of very bad people, who have done me right out of everything, so please, if the rent for 35, Scrutton Street should not have been paid, I authorise you to take at once possession of the premises." It went on to say that I could take whatever was left; that he was extremely sorry for what had happened, but he had fallen into the hands of rogues; and he enclosed the two keys of the premises. It is signed "Thomas Kitts." On January 19 I received this postcard from him (Exhibit 4) with no address on it, asking me to keep all the letters that came for him, as he wanted to make sure of what had been going on in his absence. I wrote to the address at Brookwood Road which he had given me on this piece of paper (Exhibit 20) when taking the premises, but it was returned unopened. '
Cross-examined by Mr. Leet. Aspland came first, approved of the premises, and said he would bring Eisler. I presumed Aspland was secretary of the company. It was he who said about the goods being stored. He was taking the most active part in the business. To the Court. I should say the writing on Exhibit 20 and Exhibit 2 is that of the same person.
Cross-examined by Mr. Carter. I saw Roberts engaged in unpacking boxes.
FREDERICK OGLE , traveller for Richard Webster, watch and clock maker, 91, Gracechurch Street, E. C. On December 20 I received this letter (Exhibit 14), which is headed, "Thomas Kitts and Co., General Hardware Merchants, Oilmen's Sundries, Electrical Accessories, Ironmongers' Requisites, (etc., 35, Scrutton Street, Finsbury, C.," ordering six clocks, in consequence of which on the 22nd I called at 35, Scrutton Street with the six clocks. I gave them to Roberts, who asked me to deliver goods before five in the future. On January 5 I received this letter (Exhibit 16), headed in a similar way, ordering a further six clocks, signed, "Thomas Kitts and Co. p. p. H. S.,"in the same handwriting as Exhibit 14. Exhibit 16 was given to me by Roberts when I delivered the clocks to him as a confirmation of the telephonic order for the six clocks which we had received, that day. There was another man there and Roberts asked him to write it, which he did. I do not know whether he signed it as well. I never received payment for the clocks. I afterwards indentified five of them at the police court. I formed a very poor opinion of the premises. We dealt with them through the recommendation, of another traveller. I believed they were carrying on a genuine business in the first dealing we had, but, personally, I did not when it came to the second dealing.
Cross-examined by Mr. Leet. I never saw Eisler on the premises.
Cross-examined by Mr. Carter. I am not sure whether the hand-writing in the body of this, Exhibit 16, is the same as the signature, but it is probably so.
ALBERT HATCH , pawnbroker, 1, Upper Street, Islington. On December 23 I received a clock in pawn for 7s., and on January 5 the same men called with four more clocks, which he pawned for 30s. I afterwards handed them to the police. On the second occasion I wanted an authority, and he brought me this document (Exhibit 17), headed "Thomas Kitts and Co. "
Cross-examined by Mr. Leet. I have never seen Eisler.
Cross-examined by Mr. Carter. I have never seen Roberts.
WALTER ROBERTS , traveller, William Jones and Co., boot polish: manufacturers, 17, Iliffe Yard. On December 30 I received this post-card (Exhibit 8). I had some correspondence with 35, Scrutton Street, and on January 4 I received this order (Exhibit 9) under the heading of "Thomas Kitts and Co. "for 20 gross of black polish, £6 15s. On January 7 I received Exhibit 7, offering to pay cash in seven days, and Exhibit 11 as an order for delivering the goods, with the initials "H. S. "under "Thomas Kitts and Co.,"which they sent with their carmen, to whom we delivered the goods. On January 17 I called there and saw Harry Salter, who is Roberts, and asked him for the cheque £6 153. I was told to call the next day, which I did at 4 p. m., and was told, I believe by Eisler, to call at ten; I did so and found the place closed. We have never been paid. I thought a genuine
business was being carried on or we should not have supplied the goods.
Cross-examined by Mr. Leet. I concluded it was Eisler I saw because he was the same build as the prisoner. He stood in the doorway, and there was a shadow right across him, and I could not get a full view of his face. I cannot recollect his voice. I should say he was an Englishman.
Cross-examined by Mr. Carter. I called there six or seven times altogether, and I always saw Roberts, except on January 18. I did Dot know him by any name then. I saw Aspland or Matthews there. I do not remember saying at the police court that it was Matthews I saw on the 17th; it was a mistake if I did.
GERALD VERNON SPEAKE , traveller, Remington Typewriter Company,. Limited, 100, Gracechurch Street, E. C. On January 10 I delivered a machine, value £23, to Thomas Kitts and Co., at 35, Scrutton Street. On the 11th I called and described it to a man there. On the 14th I called again and told Roberts that I had called to see how; they were getting on with the typewriter. He said he believed it was going on all right, and took my card into the man whom I had seen before, but who is not here. I called on the 17th, and again on the 18th, when the premises were closed. We never got the money, but eventually traced the machine and got it back. I thought it was a genuine business being carried on.
Cross-examined by Mr. Leet. I have never seen Eisler.
WILLIAM ROSS HARVEY. of R. Lehmann and Co., Ltd., starch merchants, 4, Monument Street, E. C. In consequence of a telephone message on June 17, I gave instructions to our messenger, Holliday, to get some starch samples out of the sample room. I afterwards got a telephone order from Kitts and Co., 35 Scrutton Street, E. C, for two tons of starch. On January 18 I called there. I saw some vans there delivering stuff which, naturally, impressed me. I saw a man whom I would not recognise, and he gave me a cheque for £30 17s. 6d., and I gave him two delivery orders, one for 60 cases, and one for 20 cases, which were on the wharf upon Knill and Co. This delivery order (Exhibit 6) is the one for the 20 cases, and it is endorsed "Thomas Kitts and Co. "I had the cheque specially cleared, and it was returned marked "R. D. "I tried to stop delivery of the starch, but I was just too late; I only missed, the 20 cases lot, which were at the Fishmonger's Hall Wharf, by ten minutes.
Cross-examined by Mr. Leet. I never saw Eisler.
Cross-examined by Mr. Carter. I do not think I had any dealings with Roberts.
GEORGE-HENRY-HOLLIDAY, messenger, Lehmann and Co., Ltd., On January 17, Mr. Harvey gave me instructions to deliver samples of starch to Kitts and Co. On the same day Roberts called for them and I gave them to him.
ARTHUR JONES , bookkeeper, John Knill and Co., Fishmonger's Half Wharf. On January a delivery order for 20 cases of starch was handed to me by Roberts, and I delivered them to a carman named Bryan O'Sullivan.
Cross-examined by Mr. Leet. I never saw Eisler.
BRYAN O'SULLIVAN. I was formerly a carman in the service of Dutfield's. On January 18 I collected 60 cases from the London Docks and 20 cases from the Fishmongers' Hall Wharf for Lehmann and Co., Limited. The man who lodged the order had a moustache; Roberts looked like him. He spoke to me before I got the stuff, and he arranged to meet me at the London Docks, No. 1 warehouse, at 1 o'clock, and I met him there. I loaded the 60, and then he wanted me to go to get the other 20 at the other wharf, and I said he ought to have let me get the 20 first so as to save the horses. I picked up the 20. I met him in Commercial Street and followed him round to Lazarus's shop, where he told me to deliver them. I delivered 10, and with that Lazarus's van drove up, and he told me to put the rest on there, which I did.
ROBERT LAZARUS AARONS , manager, R. Lazarus and Co., general merchants, 14, Colchester Street, Commercial Road. About January 16 a man named Matthews, whom I had not seen before, called, and I bought two tons of starch from him. It was delivered on the 18th. Matthews gave me card, saying that he was introduced by Kitts and Co., of 31, Scrutton Street, from whom we received an invoice. I paid £31 4s., and this is the receipt for the same date. I bought three cwt. of Epps's cocoa from the same man. On January 19 a representative of Lehmann and Co. called to see the starch, of which only part remained on the premises. It has all been sold now together with the cocoa.
Cross-examined by Mr. Leet. I never saw Eisler.
Cross-examined by Mr. Carter. All transactions were with Matthews.
FRANK SHIRLEY RAYNER , clerk, London and South-Western Bank, Lewisham High Road. On April 10, 1908, we opened a current account for Edmond Aspland, 34, Watman Road, Honor Oak Park. In August, 1909, there was a balance of £1 0s. 2d., and in December it was written off, and the account was closed. On June 20, 1908, when there was a balance of 2d., £1 was paid in. This cheque (Exhibit 5) was taken from the only book which was issued to him; it with five others was returned dishonoured, the total amount being £458.
Cross-examined by Mr. Leet. No cheques were drawn in the name of Eisler.
GEORGE JOHN MEE , 29, Meadow Road, Lambeth. I have known Roberts since boyhood. I saw him two or three times last year. On January 14 of this year I and my wife were sitting in the Skinners' Arms, Camberwell New Road, when we saw him. He told me he was going to France to open up the silk business with one of his partners at Lyons. He told me he was a partner in the firm of Thomas Kitts and Co., of 35, Scrutton Street, and invited me to go and see him there, and I was to ask for the name of "Harry Salter" as he was not known as "Roberts "there. He asked me if I would allow him to send letters to his mother under cover to me, and would I send them on, and I said I would. At 6. 15 on January
18 I went to see him at Scrutton Street, but the place was closed. About March 5 I saw him outside the "Skinners' Arms,' and he told me that he had just come back from France; that he had been there with one of his partners, Aspland, and that they had had to return rather sharply, and Aspland had deserted him at Folkestone, leaving his (Aspland's) wife with him. He was very shabby and asked me to do something for him, and being an old school friend I put him up somewhere. I kept him in food. Between that day and March 17 I saw him mostly every day. In the course of various conversations he told me that they had been mixed up in getting goods under false pretences; that they gave a check against a delivery order for some starch at Lehmann's, and whilst Lehmann was talking to the man that had brought the delivery order and handing him the cheque he went off to the wharf and cleared two tons, and went straight away to a man named Lazarus in Commercial Road and sold it. He told me they had been issuing cheques on a Lewisham branch of the bank in Aspland's name, and there was no account there. He said he had got £26 10s. for the starch, and he went straight off to the Chandos Hotel with the money. He also told me they had got six carriage clocks from Websters, and pawned them, and done the same thing with another six. He told me when this case came on in a later conversation that he was afraid as they had captured Eisler they would be after him as he had given him pawn-tickets, and he thought the police would find them on Eisler. He said they had got about £6 worth of boot polish, and they had cleared about £300 altogether before they went to France. He spoke about a man named Weber who had a business in the Minories, and had gone to Germany. He never mentioned Eisler at all except in connection with the pawntickets. He told me Eisler was a big fat man, and they called him "Dicker," which would be German for "Fatty"; that he (Eisler) had signed the agreement, and he was "Kitts." About two or three days before he was arrested Roberts had his moustache off. Exhibits 11 and 16 are in his handwriting.
Mr. Carter stated that, acting on his advice, Roberts would withdraw his plea of Not Guilty with regard to the indictment for conspiracy with Aspland and plead Guilty.
Detective-sergeant JAMES PULLEY, D Division. At 10 o'clock on May 4 I saw Eisler in Rowland Street, Holloway, and said to him, "I believe you are Thomas Kitts, late of 35, Scrutton Street, Fins-bury. I hold a warrant for your arrest. "He said, "Yes," and I read it to him. He said, "I took the premises you speak of in the name of Thomas Kitts, but I was a servant for Edmond Aspland. Aspland induced me to take the warehouse, and he agreed to pay me £2 a week to assist him in the business, which he said was a genuine one. I have not seen the starch which you have mentioned, and I do not know how Aspland obtained it. Aspland has acted very dirty by dragging me into this trouble. I returned the keys of the ware-house to the owner and told him that I had been deceived. When charged he made no reply.
Mr. Leet, for Eisler, submitted that there was no case to go to the Jury with regard to false pretences or conspiracy; the mere fact that he signed the agreement not being sufficient. The Recorder dissented from this view, and held that there was a case.
GUSTAV EISLER (prisoner, on oath). (Interpreted.) Aspland suggested I should take this warehouse and do business together as partners, as I was connected with job lines and he would supply the money. I was to have a third share. We took the warehouse and I was a partner till November, but business was so bad (he never had sufficient money) that I became dissatisfied, and he offered in November to take me on as a servant at £2 a week. This arrangement continued till December, when he said to me, the rent being due, that I had better go away, as he did not want the landlord to know that he could not pay it, and I went to my home in Holloway. I wrote the letter of January 18 to the landlord explaining the whole position; that I had fallen into the hands of rogues. I sent him the keys. I never had anything to do with these frauds, and I did not know what was going on.
To the Court. Aspland took the principal part in the taking of the premises, and I confirmed all he said. I saw some goods come in that had been warehoused. About the middle of January he was keeping, me very short of money, and I was worrying about the rent being paid. I did not know, being at home, what was going on in the place. He proposed paying what he owed me and that I should leave the firm, and then, in the company of a man named Hodges, who he said had a partner with money, he proposed I should remain on, or if I liked go and receive a little more money. I said I would do she latter, and on January 18 rang him up several times, but could not get any satisfactory answer. I have never seen him since.
Cross-examined. It is true I wrote Webster on the 18th saying I would call, but I did not like to do so because I realised I had done something wrong and it was unpleasant to go. I gave Webster my address as 79, Brookwood, Southfields, on a piece of paper (Exhibit 20) because Aspland wished me to. That was his supposed address. There is no such person as "Thomas Kitts. "I did everything Aspland told me to, and I left it to chance; I was anxious to get a living. I had met him in the previous July; he said he was a bankruptcy stock dealer trading in Saxony. Then in September I met him several times in a public-house called the "Angel. "He told me he had a lot of stuff in a warehouse in Britannia Street, and I went and saw it. I am aware that the business closed down on January 18. I never asked where his banking account was when I went into partnership with him. I never heard anything about carriage clocks. I do not remember him giving me any pawntickets. I do not think Roberts gave me pawntickets for clocks pawned with Hatch; I cannot remember. If Aspland did give me some it was because I had no money—I
sold the ones I did have. Roberts came into the business about September or November. I was there from October 4 till about December 21. I knew nothing about the starch or the cocoa.
Re-examined. After failing to get him on the telephone on January 18 I went in the evening to the premises and found them closed. I had nothing to do with the books that were kept. I had find the job lines. The pawntickets found on me were my own.
BRUNO SCHUMANN , 12, Great Ormond Street. I have known Eisler since 1907. In January he came to me and said that the firm by whom he was employed, Thomas Kitts and Co., he suddenly found out had left, and he asked me what was the best thing he could do. I told him he had better see the landlord and explain matters. He said that he did not like doing that because the rent was owing, but he would write to him. He showed me the letter I think. He seemed very upset about the whole matter.
CATHERINE MARY HOLTON. 11, Millman Street, W. C. I was Eisler's housekeeper for twelve months at 59, Roden Street, Holloway. I left him last April. In December and January he stayed at home a good deal, saying Aspland had told him to do so. He said Aspland had treated him very badly, and that he felt like having a row with him, but I begged him not to do so in case he got dismissed altogether. He said he had taken premises in the City for him, and he received £2 a week. He was always very short of money, because Aspland did not pay him regularly. On January 18 he said that Aspland had let him in for the rent and he did not know what to do. I have been asked to serve subpoenas on Jack Lewis and Hodges, but I have been unable to do so. Lewis promised to come, but he has not kept his word.
Mr. St. John McDonald submitted that the evidence of Mee should be ruled out, as Eisler was not present when Roberts made the statements that Mee deposed to. The Recorder held that it was admissible since the charge was one for conspiracy.
Verdict, Guilty of conspiracy to defraud; Not Guilty of obtaining goods by false pretences.
Sergeant JAMES PULLEY stated as regards Eisler that he had been in this country for five years; that he had been engaged in several businesses, and that on one occasion he left some premises with six months' rent owing. Roberts was stated to have been a man of good character, with very respectable parents.
Sentences. Eisler 3 months, Roberts 6 months' imprisonment, both in the second division.
SMALLEY, William (36, traveller) pleaded guilty of, while being a servant of George Hickling, unlawfully and with intent to defraud, omitting certain material particulars from certain books belonging to his employer.
It was stated on his behalf that prisoner, as manager of a branch had, in order to rectify bona fide mistakes in his accounts, omitted certain payments which had been made to him, but that he had not benefited by such omissions.
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, July 5.)
Mr. R. Simpson prosecuted. Mr. Black defended.
Inspector FRANCIS CARLING, N Division. On May 8 I saw prisoner at Holloway Police Station. I said, "I am a police officer and I am going to charge you with causing grievous bodily harm to Arthur McKen, who is now lying in the London Hospital in a serious state." Bolton said, "I admit striking him, but he struck me in the jaw. Look at my jaw; it is swollen. "I could not see that his jaw was swollen. Bevan said, "I struck him twice but I did not kick him." When charged Bolton said, "There was no kicking." Bevan said, "I was only there the second time. "
Detective-sergeant SIDNEY KENDALL, Y. On May 8 I arrested Bolton. I said, "I am going to take you into custody for being concerned with another man in causing grievous bodily harm to Arthur McKen in Hornsey Road yesterday. "He said, "He was stealing some of my old man's things; I spoke to him about it, and he punched me in the jaw, which you can see, and we had a fight. "His jaw was a little puffed.
Detective EDMUND LOKCKE, Y. I arrested Bevan on May 8 at 41, Queensland Road, Holloway. I told him I was a police officer and should arrest him for assaulting a man named McKen in Queensland Road and also in Hornsey Road, and that McKen was in the London Hospital in a serious condition. I cautioned him, and told him what he said would be given in evidence against him. He said, "What! dying; I only propped him twice. It would not matter if he was: dead. "I took him to the station; he was detained and charged.
Police-constable JOHN DENT, 875 Y. On May 7, about 3. 30 p. m., I was on duty in Hornsey Road. I saw Bolton at the corner of Queensland Road. McKen was on the opposite side with his wife. Bolton crossed over to him. They had a few words, which I did not hear, and then commenced fighting. They both fell to the ground. I went up to them, told them to clear out of it, and they did. McKen went down Hornsey Road and Bolton went Queensland Road way. Nothing was said. I went on my beat again. On turning round I saw Bolton going towards the direction in which McKen had gone. I went down. When I got there I saw Bevan, whom I had not previously seen, sparring around McKen. I did not take Bevan into custody. I saw him strike McKen.
PETER MASH ., coal porter, 1, Queen's Square, Hornsey. I was standing at the bottom of Queen's Square on May 7 between 10 and 11 a. m., I saw Bolton go across to McKen and strike him. McKen fell to the ground. He got up and they got fighting. I saw them later in the day between two and three in Queensland Road, and they got fighting again. McKen's wife was with him. They had about two rounds, which lasted four or five minutes; then the constable came. He stopped them and they went away.
Cross-examined. I was not close enough to hear anything that was said. In the first fight Bolton struck the first blow.
Mrs. CONSTANCE MCKEN. 128, Alexander Road, Holloway. Prior to May 7 I lived at 43, Queensland Road, Mr. Ansell was my landlord. Bolton is his present wife's son. Bevan is his nephew or something. We were leaving Mr. Ansell's house on May 7. We owed 4s. rent, which he kept worrying for, so we found another place about a dozen houses away in Queensland Square. At 9. 30 a. m. on May 7 my husband and I were going down the road when Bolton crossed the road at the back of a coal trolley and made use of a nasty expression to my husband, knocking him down at the same time. My husband said, "Let me get up." He started again. Some young fellows picked my husband up. We went home and bathed his face, as it kept bleeding. After dinner we came out again. Bolton crossed the road with his fists clenched and knocked my husband with a blow that sent him down. I called a policeman and he dispersed them. We then went towards Seven Sisters. As we got under the arch I got a terrific blow on the side of the face, and at the same time my husband was clutched at the back. I got a black eye. I do not know which prisoner caused it. After Bolton and my husband had a set out I saw Bevan having another go. I saw Bevan distinctly kick my husband, I did not see in what part of the body. I sent for the policeman again.
Dr. FEARNSIDES, house surgeon, London Hospital. McKen was brought to the hospital on May 7 at 7. 45 p. m. He was admitted immediately as he showed signs of collapse and of hemorrhage. He complained of pain in the left side, so we thought he had some severe internal abdominal injury. I immediately telephoned to my chief, Mr. Warren, who came down, and McKen was operated upon about 45. It was found that his spleen had been burst, and that his abdominal cavity on the left side was filled with blood. The spleen was removed, that being the only way to stop the bleeding.
Cross-examined. Sudden pressure would cause the injury; that is sudden violence. If he had been lying on the ground and some of the crowd had stepped on him I should think the ribs would probably have gone in such a case. I know of no reason why the blow that caused the rupture of the spleen did not fracture the rib, but I find in other cases the same thing has occurred.
the road behind the coal trolley and struck me a blow on the forehead at the same time saying "what the hell," or words to that effect, "are you doing to the old man. "I went to the ground. I got up with the assistance of some young fellow, when Bolton made another rush. The young fellow got between us and advised me to go straight away. I did so. I went down to Holloway Road and spoke to a young man there. I had a scratch on my face, and my wife suggested I had better go home and wash it. I did so. I was shaken by the blow and the fall, and decided not to go out again till after dinner. I started out again at 2. 30, when the same thing occurred in the same spot; he landed me on the chest. Down I went. Two or three men came out of a lodging-house handy, and as he stood in the same attitude to knock me down again they said, "Give him fair play; let him get up. "I managed to get off my overcoat. We had a bit of a scuffle for a moment or two; in the meantime my wife went off for a constable. A crowd came up, which the constable dispersed. Bolton held me by the collar while Bevan struck me in the stomach. I had no warning before they struck me.
Cross-examined. Bevan did not kick me to my knowledge. Bolton kicked me twice. I was not angry with Ansell for the way he treated me; it was he who was angry with me for leaving. I had found my lodging, and was moving out. When Bolton passed the nasty remark he struck me at once. I had no opportunity to strike him back. I did not report the first quarrel, because they are a big family and a dangerous family, and if you get into a quarrel with one you get in a quarrel with the whole street. I did not have a fight with him; there was no fight in the matter; a man cannot fight an elephant. He is a good fighter, and I am not.
ALFRED DEAN , 6, Emily Place, Queensland Road. At 10 or 10. 10 on May 7 I saw Bolton and McKen fighting. McKen fell to the ground. He got up, and they both fought together, and McKen got knocked over again. He then got up and took off his overcoat. He got knocked over a third time. I told Bolton to stand away from him and let him get up. I saw McKen an hour afterwards; he had blood on his face.
FRANCIS DEW , 14, Citizen Road, Holloway. Going through Hornsey Road arch between 3 and 3. 15 on May 7 I saw Bolton strike McKen at the back of the ear. Then Bevan struck McKen in the side, knocked him to the ground, and while there Bevan struck him in the side with his fist. I said it was a shame to see two men knock one about. McKen said he was going to Hornsey Road Police Station to report it.
JOHN DEE , 6, Emily Place. At 10 a. m. I saw McKen lying on the pavement with Bolton standing over him with his fist upraised. McKen got up, took off his overcoat, and they fought in the road. McKen was knocked down three times by Bolton.
JOHN KETHERMAN , 49, Queensland Road. I saw a crowd running down Queenslnad Road towards Hornsey Road arch. When I got there I saw McKen hit Bolton on the face; over Bolton went. Bolton got up and made two or three attempts to hit McKen. Bevan was
not near, but was running round the crowd excited. I knew Bolton and Bevan before.
JOHN BOLTON (prisoner, on oath). I am a coal porter. At 9 a. m. I went over the street to McKen and asked what he had been doing with the old man's things. With that he started abusing me. I struck. He took his coat off, gave it to his wife, and we had a fight, which lasted five or ten minutes. I knocked him down once or twice, and we parted. I was working for my stepfather cutting up some greenstuff. He lives at the bottom of the street. There is no thoroughfare. McKen had been to Holloway, and coming back he passed the shop, and I asked if he had been to the house and shifted a mattress. I said don't touch anything in that room. He then used bad words again and hit me a violent blow on the jaw, and I fell and lay there. He struck first. When I came to, I looked round, and he was gone. With that I walked towards where he was going, and I see him. With that my nephew see me. He said, "What is the matter with your jaw." McKen was three or four yards away. I said to him, "Why did you want to run away so quick for?" Then he sparred up again. I do not know whether I hit him or not. I fell over once; then the constable came and I went round home to the shop. At 4 in the morning they arrested me in bed. I did not kick prosecutor. All the blows I struck were in fair fighting.
DAVID BEVAN (prisoner, on oath). I saw my uncle in Hornsey Road, and said, "What is the matter? Who has done that to your jaw?" He said, "I don't know; a man come up to me just now and he has walked away. I turned round and saw Bolton walking up the road. I thought I had better look after my uncle, and followed him up. When he gets under the arch he goes up to McKen. They started fighting. My uncle struck McKen and McKen struck him back, and my uncle fell. He got up, and I said to him "Come away." McKen then made attempt to strike me. I put up my hands in self-defence and hit him. McKen was going to strike me again, and I hit him once more and walked away.
Verdict: Bolton, Guilty; Bevan, Not guilty.
Sentence, Bolton, ten months' hard labour.
Verdict, Not guilty.
WORGER, Eliza Ann , who was tried on the 2nd inst. (see page 311) on an indictment for fraudulent conversion as a bailee, was now further indicted for obtaining by false pretences from Walter Osborne the sum of £5, and from Alfred Edward Spinks the sum of £5, in each case with intent to defraud.
Worger at present, and there has not been one for 29 years. There has been no unclaimed balance in the name of Worger since 1694.
WILLIAM G. JOHNSTON , manager, Gray's Inn Branch, London and County and Westminster Bank. There is no Bedford Row Branch of our bank. I cannot say I have heard our bank described as the Bedford Row Branch. Prisoner has no account at our bank, nor has she ever entered into negotiation for one, or anyone on her behalf.
WALTER OSBORNE , greegrocer, 1, Upper Baker Street, Clerkenwell. I have known prisoner ten months or more as a customer. On April 4 I cashed a cheque of Mr. Barron's for £11, which was duly honoured. On the 7th she brought a cheque for £16 18s. drawn by herself on the London and County of Westminster Bank, Bedford Row Branch, and asked if I would cash it. I told her I could not, as I had not the money in the house. She called again on the 8th on the same errand. I then said I could give her £4. She said that would do for the time and she would call again next day. After I gave her the £4 she asked me to hold the cheque till April 13, when the transfer from the Bank of England that was taking place would be complete and the cheque would be duly honoured on presentation. I gave her the money, believing the cheque to be genuine. On the 13th I gave her £2 further. She said the balance could stand till the cheque had gone through. On the 15th, when the cheque was presented, it was returned marked "No account. "She called in the afternoon after the cheque had been returned. I showed her the note the bank sent to me; she said she was sorry, that she had drawn it on the wrong bank. I did not see her again.
Cross-examined. I did not know she had been receiving cheques from an aunt. I did not know the aunt had been taken ill and died on May 3. She said nothing about any money coming to her. She asked me to hold the cheque over after she had the money, I could have asked for it back.
ALFRED E. SPINKS , butcher, 20, Amwell Street. I have known prisoner nine or ten months as a casual customer. I cashed a post-dated cheque for £5 at prisoner's request on April 7 drawn by her on the "County of Westminster Bank. "It was originally made payable to Eliza Ann Worger, but at my request "or order "was added. She showed me a letter from a firm of solicitors through whom she said she was conducting business. She also said that a considerable amount of money was either already at this bank in her name or would be on the morrow. I think it was the 12th when I presented the cheque; it was returned "No account. "I saw her again on the 13th or 14th, when she presented a similar cheque, I told her it was not business to cash a second before the first was cleared. I next saw her at the police-court. I have had no explanation offered by her.
He said he could not do so that day, but if I sent or called next day he would do it. Next day he gave me £4. I asked him to hold the cheque over as I had not the money in the bank then, but I should have it in a few days. He promised to hold it over, and said I could have some more money next day if I required it, and he gave me £2 the next day. I told him I should have a banking account in a few days. I made a mistake in the name of the bank; it should have been the London City and Midland Bank. If things had gone right I should have opened an account there; I was expecting money. I had no intention to defraud. I was expecting money from relatives. I did not mention anything about the Bank of England to Mr. Spinks. I told Mr. Osborne I should have money coming, and asked him to hold the cheque over. He said if the bank was sure I had money coming they would honour my cheques.
Cross-examined. I was expecting money from an uncle which was in relatives' hands. He died four years ago. Those relatives are now dead. Their name is Lott. Uncle Lott died in February, I believe, and Aunt Lott on May 3. I had money every quarter till recently. They stopped the interest a year and a half ago, and I applied for the capital. I have not received the interest or cheques from them during the last two years; that has been the trouble. The capital was promised to be paid over to me at the beginning of this year. The money was not left me under a will; my relatives had it and allowed me interest. It was a private agreement between them. I used to keep house for that uncle. I cannot say who has the agreement; I have been in prison and had not been able to inquire about my aunt. I consulted Mr. Cole, solicitor, Hailsham, where we lived, about two years ago. A maid of my aunt's who lives at Stoke Newington can corroborate my story, Before my aunt was taken ill she said I should have the money by April 15. The reason I drew the cheque which Osborne cashed on April 7 was that I was being pressed for money by the Barrons, and they suggested I should make a cheque out on plain paper. I told them I had given my name into a bank and I could not have a cheque book as there was no money there. Mr. Barron showed me how to make the cheque out, but not with the idea of any harm being done with it. He quite expected, like myself, that I should have the money in time to pay it into the bank. (Letter read from Hargrave, Son and Barrett, solicitors, re appointment for an introduction of prisoner to bank.) I was taken by Mr. Hargrave to the London City and Midland Bank, Bedford Row. I told the bank manager I was to have money in a day or two, and gave my name in the books. I was to pay the money in through the Bank of England. It was left like that; no more was said about it; this agitation came along and I did not get the money. It will come to me through my aunt's estate now. I explained on April 15 to Mr. Osborne the mistake I had made about the name of the bank.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Wednesday, July 6.)
It was stated that prisoner had been in prison six weeks; that his employers gave him an excellent character, but they had to temporarily suspend him through lack of work; this had preyed on his mind. It was also stated that his wife appeared to have a very bad temper.
Sentence, Nine days' imprisonment entitling prisoner to be immediately discharged.,
Mr. G. H. Head prosecuted.
The evidence was interpreted.
GWEN TONSKI ., wife of Basil Tonski, 58, Antrim Mansions, Hampstead. On June 16 I had been to the Horse Show, and at 11. 30 p. m. I was coming from Belsize Park Tube Station and had just got into Antrim Street, which is a very short one, when I heard somebody coming quickly behind me. I turned round and prisoner caught hold of me by the throat. I had previously seen him following me. He pushed my feet from under me, threw me down, and snatched at a diamond brooch I was wearing worth £90. I put my hands over it and they were cut and scratched where he wrestled with me. It was attached to my dress by a safety, and it was stitched to my blouse as well. In falling I cut the sleeve of my coat and my elbow. He kicked me on my leg and I was terribly bruised. I cried "Murder," and prisoner getting frightened ran away. I called to a taxi-cab man to stop him. He ran after him and brought him back again. Prisoner said in English to me, "I never knocked you down. I don't know this lady. "I had said, "How dare you knock me down?" Lots of people then came up and he was given in custody. All I lost was half a sovereign, which must have fallen from my bag; I do not think prisoner had it.
Cross-examined by prisoner. I did not cut my fingers in undoing the brooch.
CHARLES STREET , engineer, 182, Haverstock Hill. At 11. 30 p. m. on June 16 I was coming up Haverstock Hill when almost opposite Antrim Street I heard a lady's scream from Antrim Street, and I with one or two others went down the street when we saw prisoner walking towards us, and 20 yards further up was the prosecutrix who called out, "Stop that man. He has been trying to rob me. "We moved towards prisoner, who Broke into a run away from us. He had got 30 yards when he was stopped by a driver of a taxi-cab. We took him back to prosecutrix, and she told us what had occurred. Prisoner seemed excited, and said in broken English such things as, "It was not me who knocked you down. "
Police-constable FRANCIS ERRINGTON, 516, S Division. I was on Haverstock Hill on the evening of June 16 when I heard shouting at the corner of Antrim Street. I ran to the spot and saw prisoner being detained. Prosecutrix said he had knocked her down and tried to steal her brooch. He was taken to the station, and when charged he made no reply.
Prisoner's statement before the magistrate: "I never laid hands on the lady; I never attempted to commit a robbery. I am ready to swear that. "
Detective-sergeant HARRY WORSFOLD proved that prisoner was convicted for indecent exposure at the Hampstead Petty Sessions on March 3, when he was sentenced to three months' hard labour and recommended for expulsion. An expulsion order having been made, prisoner was put by the police on to a ship en route for Turkey, but he returned to London within three days.
Sergeant JOWITT, S 81. I was in charge of the station when prisoner was brought in, and I found the expulsion order in his pocket. I asked him why he had not complied with the order, and he said he liked England better. He is a Turkish subject and the order was that he should be sent to Constantinople.
Sergeant JOSEPH LINTHWAITE, R 1. To the Court. Prisoner was taken and put on board the Copenhagen, but as soon as it reached Holland he returned.
To prisoner. You did say that you did not want to go back to Turkey because you had no relations there, and that you wanted to go to France.
To the Court. Being a Turkish citizen the order was that he should be sent to Turkey.
Sentence, 22 months' hard labour; recommended for expulsion under the Aliens Act.
Mr. Ryan prosecuted, and Mr. Eustace Fulton defended.
Verdict, Guilty. Sentence, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, July 6.)
Mr. W. H. Leycester prosecuted; Mr. St. John McDonald and Mr. Fox-Davies defended.
FREDERICK BRISTOW. I am over 80, and live at present at 15, Duncan Guildings, Gray's Inn Road. On May 15 I returned from Australia, and went there temporarily to my son's residence. About 30 p. m. that night I went upstairs and got as far as the first landing when I heard someone say, "Now, then, after the old man." I did not know that it alluded to me. Hearing people running up-stairs I turned to let them go by; suddenly I received a tremendous blow on the head from Campbell; the other man tore open my over-coat and snatched my chain and gold seals. I had a watch, but they tore the chain from the watch. I did not see enough of the second man to identify him. The men ran away, and I was powerless to run after them. I went to the police station to give information. I identified Campbell at the station. No one told me which man to pick out.
MABELK LAYTON , 4, Duncan Buildings, cigarette maker. About 30 to 10. 45 p. m. on May 15 I was standing at the door of No. 15. Prosecutor asked me if he was right for No. 15; I said yes, and sent him up the stairs. I saw prisoners run up the stairs after him. I heard him scream twice and saw prisoners run away. I went up stairs and saw prosecutor holding his head, and a constable named Hart who came out of his room on hearing the screams was there. I have known Campbell 12 months, and the other one longer, but to speak to only three months. I have seen them together. I saw them together in Oxford Street on May 19. I spoke to them first and said I had not given them away. Up to then I had not mentioned to the police who they were. Campbell said he had no money and would treat me another time. I was not asked to identify them.
Police-Constable HART, 369 E. I live at 10, Duncan Buildings. On May 15 I was at home on the sick list. I heard prosecutor shout "Oh" several times. I saw him coming up the stairs. Prisoners had gone. I did not see them. I afterwards saw Mabel Layton. Prosecutor said he had been struck on the head; he was reeling and could hardly stand.
Cross-examined. Prosecutor gave me no description of prisoners.
Detective sergeant WILLIAM HAYMAN, E. Mabel Layton gave me information as to names on the morning of the 16th. I then endeavoured to find prisoners. On the 24th I saw Campbell at the doorway of 31, Sidmouth Street. I went towards him, and he made a violent kick at my stomach, saying, "Take that, you bastard. "I closed with him, and was assisted by Detective Wiltshire. We tried to restrain him. He tried to close the door. He threw himself to the ground and kicked in all directions. He was taken to the station and charged with this robbery. He made no reply to the charge. I arrested Hughe on June 12 in Villiers Street. I saw him once before that since the robbery with Campbell in Leather Lane. They ran away. I told him I should arrest him for being concerned with Campbell in committing this robbery. He said, "I have seen you two or three times since the case has been on; why did not you come and pinch me before? I was out for a walk, and did not expect to see you down here, or I should not have come out. "I took him to
Gray's Inn Road Police Station. He resisted at first, but went quietly afterwards.
Detective ERNEST WILTSHIRE, E. I assisted last witness in arresting Campbell.
Cross-examined. I did not threaten to charge Mabel Layton as an accomplice. I said to her, "To defeat the ends of justice would be a very serious thing. "
WILLIAM CAMPBELL (prisoner, on oath). May 15 was Whit-Sunday. I was very queer all the evening, and was taken worse at night. I was out in the morning, and returned home at 3 p. m., lay down, woke up, washed and dressed, went out at 5 o'clock, and got home at quarter to 10. I looked at the clock when I got home. My mother, brothers, sisters, and sister-in-law were there. The latter I have not spoken to for four years. I did not see Mabel Layton on the 19th in Oxford Street. When the officers came to arrest me they hit me on the shoulder with a truncheon, and knocked me down in the passage. I asked what they were arresting me for, but they would not tell me. When I was put up for identification none of the others had caps. I had mine on. Detective Hayman said to prosecutor, "Pick out the fourth man from the end, as he has his cap on. "
Cross-examined. The inspector on duty was present at the identification. He was as close as I was to Detective Hayman. All the other men could have heard. I called the inspector's attention to what was said. He said, "It is no good making a statement here. "I asked to put on a bowler hat, but he would not allow me. At the police-court I only called my mother as a witness. Nothing was said then about my brother, sisters, or sister-in-law. I know Hughes. I am not often with him. On the Whit Sunday I was by myself from 5 to 10 p. m. Walking down Gray's Inn Road and along Oxford Street I met friends. I never met Hughes.
Mrs. BEATRICE CAMPBELL, sister-in-law of Campbell. I went to my mother-in-law's house on Whit Sunday about 9. 30 p. m. My mother-in-law, husband, and prisoner Campbell's two sisters were there. Campbell came home at a quarter to ten. I noticed the time by the clock on the mantelpiece. His mother asked him what fetched him home so early; he said he had pains in his inside, and went to bed through the folding doors into the next room. His mother took him in supper and came out again, and said he had not eaten it because he had these pains. I stayed there till 11. 30. It was impossible for him to have gone out without passing me.
RICHARD HUGHES (prisoner, on oath). I was not in company of Campbell on Whit Sunday. I was at my mother's to dinner and left there about 5 p. m. to meet my young woman, Minnie Short. We went to Sadler's Wells Theatre to see the bioscope just after six and did not leave there till past ten, when we went for a walk to her home in Margaret Street by King's Cross Road. We were outside the "Lion and Lamb "at 10. 50. She said, "I think I had better go home now, as I
have to get up early in the morning to go to work. "I went as far as her door and left her at about 11.
Cross-examined. Minnie Short works for a tailor, taking clothes to different firms. She had to go to scrub the place out on Whit Monday. She did not tell me what work she had to on the Monday. I was with her all the time from 5 to 11 p. m. At half-past ten we were somewhere up Oxford Street. We did not see Campbell. I know Mabel Layton by sight, not to speak to. I had a quarrel with her. I was selling radishes on my barrow, and I clouted a little kid for taking a radish; Mabel Layton started jawing me and I told her off. This was a week or two before Whit Sunday.
Verdict, both Guilty.
Numerous convictions were proved against each prisoner. Sentences: Campbell, 20 months and six months' hard labour, to run concurrently. Hughes, 20 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, July 7.)
Mr. Seymour-Leet prosecuted; Mr. Eustace Fulton defended.
ELIZA PAINE , 30, Myrtle Street, Dalston. Prisoner lodged with me. On May 14 before going out in the morning I had put some clothes on the line in the yard to air. On my return in the afternoon the clothes had been taken down. I asked prisoner where she had put them; she said, "I have put them on a box in the kitchen. "I said, "Thank you, my dear." Then, without a word more being said, she stabbed me in the eye with a clothes peg. My husband and Mr. Mawle were present. I was taken to the German Hospital, and afterwards to the Ophthalmic Hospital. I can now only see slightly with the injured eye.
Cross-examined. We had been on perfectly friendly terms. I do not know what motive prisoner could have had. That morning I had been out shopping. I met Mawle and had two drinks with him. I was quite sober; I have never been intoxicated. I deny that I called prisoner a—Russian Jewess and went to strike at her.
HARRY JOHN MAWLE. On May 14 I met prosecutrix, whom I had known for many years. I accompanied her home in order to look at some apartments. On our arrival there was some altercation between her and prisoner about some laundry, and prisoner suddenly stabbed prosecutrix in the eye; it was all done like a flash of lightning.
Cross-examined. Prosecutrix was worried and upset, but was not intoxicated. I did not hear her call prisoner a—Russian Jewess. She was not trying to strike prisoner and her husband restraining her.
WILLIAM WARD , house surgeon, Royal London Opthalmic Hospital. I first saw prosecutrix on May 17; she had a lacerated wound in the inner side of the upper lid of the left eye, and a rupture of the globe of the eye. The wound may have been caused by a fist, but more likely by a blunt instrument. Prosecutrix will not regain complete sight.
Police-constable CHRLES ORD, 539 J. On my taking prisoner into custody she said, "She hit me first; we had a fight, and what I did I did in self-defence. "
Cross-examined. Prisoner was quite sober; prosecutrix had evidently been drinking and was excited.
Detective-sergeant BUCHANAN. I have made inquiries about prisoner; she has never been charged before, and is a respectable hardworking woman.
RACHE JEFFERSON. I and my husband lodged with prosecutrix; she was a very quarrelsome woman, and always drunk. I had given notice to leave and was to have left three days after this occurrence. When prosecutrix came in on this day she was very drunk. She was in the kitchen as I came in from the backyard; I had some washing on my arm; I had a tray of clothes pegs in my right-hand and some loose pegs in the other hand. She said to me, "What have you done with my washing?" I told her I had taken her things in, folded them up, and put them on a box. She said, "How dare you take a liberty with my things, you dirty Russian Jew,"and struck me. Her" husband tried to restrain her, but she rushed past him and made for me again; I put out my hands quick to protect myself. I had no intention of stabbing or hurting her at all; one of the pegs in my hand must have caught her eye as she rushed at me.
WILLIAM JEFFERSON , prisoner's husband, generally corroborated her story; he heard from an upstairs room the violent shouting of prosecutrix, who was very drunk, and on coming down saw prosecutrix strike his wife.
Verdict, Not guilty.
Dr. Clement Catley prosecuted; Mr. E. H. Coumbe defended.
THOMAS JAMES POWELL , 18, Lambeth Road, foreman linesman to the National Telephone Company. On June 4 I went to bed about 9. 30; just after midnight I was wakened by hearing my two nephews 10. Joseph and Tom, shouting for me. I went downstairs and outside 11. the door saw a crowd. About 25 men were setting upon my nephew 12. Tom and one was kicking him. I went to his help and was myself 13. assaulted. I afterwards found I had been stabbed. I cannot 14. identify prisoner as the man who assaulted me.
JOSEPH LARRETT , a nephew of prosecutor, declared that he saw prisoner strike his uncle. As prisoner walked away witness followed him some distance, and pointed him out to the police. On prisoner being placed with others, witness picked him out; he was quite positive that it was prisoner who struck his uncle.
Cross-examined. I was quite sober. I am a teetotaler. When the blow was struck prisoner was practically alone with my uncle; the gang had run away. When I followed prisoner I did not lose sight of him till I pointed him out to two policemen; they did not then arrest him, but they said they knew him. Nobody but prisoner struck my uncle.
Sergeant JOSIAN EALES, L Division. In the early morning of June 5 I was in company with Police-constable Perkins in Blackfrairs Road when Joseph Larrett told us there was a row going on in Lambeth Road. We went there and dispersed the crowd. Barrett pointed out the prisoner to us; I did not then speak to prisoner, but I knew him. After the crowd had gone away prosecutor complained of injury to his side. A man named Lippert was pointed out to me as having been seen to kick prosecutor. He was taken to the station, but afterwards released. About 2. 30 that morning I saw prisoner at St. George's Circus. I told him that a man had been injured in Lambeth Road, and I should take him (prisoner) to the station as he answered the description of a man wanted for the assault. He said, "You have made a mistake; I have just come out of doors; I know nothing about it. "At the station he was identified by Joseph Larrett. I am sure that prisoner is the man pointed out to me by Larrett earlier in the morning.
Cross-examined. It was about 12. 45 when Larrett first pointed out prisoner to me. Larrett did not then say that his uncle had been wounded. When prisoner was put up for identification two women friends of the Larretts, who looked at the row of men, not only failed to identify prisoner, but picked out another man.
Police-constable FRANCIS PERKINS, 362 L, who was with the last witness, corroborated his statement that prisoner was the man pointed out by Joseph Larrett.
Dr. LESLIE MEEKIN, casualty officer at St. George's Hospital. Prosecutor was brought to me early on the morning of June 5; he had a punctured wound on the right side of the head one and a half inches deep. It was not a very serious cut and is now quite healed. It was probably caused by some sharp instrument.
LILIAN WILLIAMS. I live as housekeeper with Mrs. Barlow, prisoner's mother. On the night of June 4 prisoner came home soon after 11 o'clock; he sat in the "kitchen with me and his mother reading a newspaper; he fell off to sleep. The daughter, Mary Barlow, had gone out and we were sitting up for her. At half-past two Mrs. Barlow woke up prisoner and told him that Mary had not come home, and he went out to look for her. I swear that from the time he came in until half-past two prisoner never left the kitchen.
FREDERICK EDWARD BARLOW (prisoner, on oath) detailed his movements on June 4. He reached home soon after 11, and sat in the kitchen as stated by Williams till he was wakened by his mother, and left to look for his sister at half-past two. On being stopped by the sergeant, he said, "You have made a great mistake; I have just come out of doors, and I am going to look for my sister. "
Sergeant EALES (recalled). Prisoner did not say to me, "I am going to look for my sister. "
After a long deliberation the jury were unable to agree. Prisoner was bound over in his own recognisances to come up for trial at the next Sessions.
Mr. Lancaster prosecuted.
THOMAS REYNOLDS. In the early morning of June 2 I was in 13, Bradon Street, Paddington. I picked up a woman and she took me there. When we got into the room Jeffries came in; he sent the woman away and started assaulting me; he hit me a blow on the' eye which knocked me insensible for a few moments; I eventually broke the window with my umbrella in order to give an alarm. Smith then came in and he also assaulted me. The two got me on to the bed and abstracted from my pocket about £4.
Cross-examined by Smith. You came in while Jeffries was assaulting me and you also struck me.
Cross-examined by Jeffries. I had had some drink, but was not intoxicated. I picked the woman up in the street; we went and had a drink and then took a hansom cab to Bradon Street. I had my money
in my right side hip pocket; the woman sat on my left side; I am sure she did not put Iter hand in my pocket. When you came into the room you asked me what business I had there; before I could give any explanation you struck me in the eye. I did not tell you that I was a collector. I did not strike you with my umbrella.
JANE MASCOLL. I live at No. 11, next door to 13, Bradon Street. On the morning of June 2, between 12 and one, I heard screams for help and the smashing of glass. I went out and found the noise was from the kitchen window of No. 13. As the window was open I parted the curtains with my hand and I saw prosecutor on the bed bleeding and Jeffries beating him. I asked what was up. Jeffries said he came home and found the man in his place and wanted him out of it. I said, "Don't beat him, put him out in a proper way. "Jeffries still continued and I sent for the police. Smith was standing by the side of the bed; he was not doing or saying anything. The room is rented by Jeffries, Elizabeth Spicer and her little boy.
To Jeffries. I did not see you rob prosecutor, only strike him.
To Jeffries. I saw you put your hand in prosecutor's side pocket; I do not know what you took. Prosecutor was half drunk. I only saw you hit him once.
ELIZABETH SPICER. On this night I met prosecutor and took him home with me. Jeffries came into the room; he and prosecutor had a few words and had a fight, and with that I left the room. I live with prisoner. As I went out of the room Smith came in.
Sergeant JAMES DALY, X Division. In the early morning of June 2 I was informed by a young girl that she had heard a man shouting "Murder "and "Police "from 13, Bradon Street. On going there I saw prosecutor and the two prisoners. Prosecutor said, "I shall give these two men into custody for assaulting me and stealing £4 from me. "Prosecutor was sober. Prisoners said nothing. At the station they denied stealing money from prosecutor, but Jeffries did not deny assaulting him; he said, "I found him in the room and I did hit him because he would not leave. "No money was found on prisoners.
To Jeffries. I did not say at the police-court that prosecutor was in drink. As we were taking you to the station a woman holloaed out, "It's neither of those two men that has robbed him, it's me that has, Tobbed him. "I did not believe the story. It is not true that prosecutor was drunk and rolling all over the place and knocking up against me.
Cross-examined. I was walking home with Jeffries. When we got to his place I was saying good-night when he noticed a light in his room; he said, "Wait a minute. "and went in; a minute or two after I went in and saw him and prosecutor fighting. I did not interfere.
JAMES JEFFRIES (prisoner, on oath). When I got into the room I saw prosecutor and Spicer. I asked him what he was doing there; he made some rambling reply and I told him to get out of it; I asked him what his business was; he said he was a collector. I said, "Collectors don't call at this time of night; get out. "He told me he was as much entitled to be there as I was, and starting screaming all over the place and striking me with his umbrella; as I warded it off the umbrella smashed the window. With that I hit him; he fell on the bed with his head up against the bedpost, and cut his eye open. He had been drinking and was in a half-muddled condition. I own up to hitting him, but I never robbed him.
Each prisoner confessed to a previous conviction.
Smith was then indicted for that he is a habitual criminal. Formal proof was given of three previous convictions. Prisoner had been known to the police for seven years, and during that time had not done any honest work; he is an associate of notorious thieves and prostitutes.
Judge Lumley Smith said he would not act upon the conviction, of Smith as a habitual criminal, as he could only order preventive detention after a term of penal servitude, and this case, serious as it was, was hardly one for penal servitude. The sentence upon each prisoner would be two years' hard labour.
BEFORE THE RECORDER.
(Tuesday, June 28.)
STEVENS, Henry (19, labourer) pleaded guilty of feloniously stealing one tobacco purse, the goods of Adelaide Jones. He confessed to a conviction of felony at the North London Sessions on December 8, 1908, in the name of Edward George Humphreys. Six
previous convictions were proved against him. He was stated to be an associate of thieves.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, June 28.)
NEWMAN, James (49, blacksmith) pleaded guilty of feloniously possessing a mould upon which was impressed the observe and reverse tides of a shilling. Prisoner was also indicted as a habitual criminal, to which he pleaded not guilty.
Mr. Robert Wilkinson prosecuted.
The following three convictions were proved: September 8, 1896, at this court, 12 months' hard labour for uttering counterfeit coin under the name of James Davis; January 2, 1902, West Kent Quarter Sessions, Maidstone, five years' penal servitude for house-breaking and 12 months' hard labour under the Prevention of Crimes Act in the name of James Purdy; April 22, 1907, at this court, four years' penal servitude for uttering.
Sergeant DAVID GOODWILLY New Scotland Yard, after proving service of notice, said that prisoner had done no work; a fortnight after his last release he had associated with the female companion of Godsell, who was now under sentence for coining, at whose house he was arrested on the present charge.
Sentence, Three years' penal servitude and five years' preventive detention. The Common Serjeant stated that had prisoner not been convicted as a habitual criminal a much longer sentence of penal servitude would have been passed.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 29.)
CARTER, Frederick (30, labourer) pleaded guilty of stealing eight gas brackets, the goods of the Gas Light and Coke Company; he confessed to having been convicted of felony on March 2, 1909, at this court, receiving six months' hard labour and licence revoked. Other convictions proved: Three years' penal servitude in 1905, and three short sentences.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 29.)
Prisoner, having agreed to go into a home in charge of Miss Handcock, was released on her own recognisances in £10 to come up for judgment if called upon.