Vol. CLIV.] Part 913.
CENTRAL CRIMINAL COURT
HELD NOV. 15TH, 1910, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE.
TAKEN IN SHORTHAND BY
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.
CENTRAL CRIMINAL COURT.
VEZEY-STRONG, MAYOR. FIRST SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE MR. JUSTICE DARLING.
(Tuesday, November 15.)
Mr. Robertson prosecuted; Mr. Purcell defended.
EDITH RICHMOND , 17, Myrtle Street, St. Lukes. I am prisoner's wife. On the evening of November 8 I was walking by myself in Redford Street; prisoner came behind me and said, "Is that you?" and drew something sharp across my throat. I ran home to my mother. Later my mother and aunt were taking me to the hospital when we met prisoner; aunt held him till the police came.
Cross-examined. I was married to prisoner on July 3. We lived in the same house with my parents and my aunt and uncle; prisoner never complained of that arrangement. He left me on August 13. When this assault took place there was no quarrel between us; prisoner had been drinking. He never used to give me any money; he spent all he earned on horse-racing and drink.
Cross-examined, I cannot say whether or not prisoner liked the arrangement of living with his wife's relatives.
EDITH MAXWELL , mother of prosecutrix, who was with Mrs. Davis, stated that she said to prisoner, "You have cut my daughter's throat"; he replied (using bad language), "A good job, too"; he looked as though he had been drinking.
Police-constable HENRY DICKER, 200 G. On this evening, seeing a crowd in Radford Street, I went up and found prisoner being held by Davis. Davis said, "He has cut my niece's throat." I told prisoner I should arrest him for attempting to murder his wife; he said, "A good job, too." At the station he said to prosecutrix, "You are a lucky girl." Prisoner had been drinking, but Was not drunk; he appeared to be recovering from a drunk. In his inside jacket pocket I found the scissors (produced).
JOHN HERBERT BURROWS , Divisional Surgeon. On examining prosecutrix at the police station I found she had a deep wound extending for about 3 1/2 inches on the left side of the neck, towards the middle line, right through the skin, exposing the structures beneath just missing the jugular vein. The wound might have been a dangerous one, as septicaemia might have ensued, but everything has gone well so far. There was a second cut, as though a second gash had been made in the throat. The wounds might have been caused by the scissors (produced).
Cross-examined. I do not think that the second wound could have been caused by one of the scissor blades at the same time as the first wound; there were two separate cuts.
Verdict, Guilty of wounding with intent to do grievous bodily harm. Prisoner was released on his own recognisances in £50 and those of his brother, Frederick Richmond, in a like amount, to come up for judgment if called upon. Mr. Justice Darling told prisoner that a note would be made to the effect that, if he misbehaved himself and was brought up for judgment, he should receive for this offence a sentence of at least 18 months' hard labour.
Mr. Clarke Hall prosecuted; Mr. Laurie defended at the request of the Court.
Verdict, Guilty of an attempt to rape.
Sentence, Two years' hard labour.
BEFORE THE RECORDER.
(Tuesday, November 15.)
HOLMES, Henry Ernest (48, auxiliary postman), pleaded guilty of stealing one postal packet containing an order for the payment of 4s. and certain moneys and chattels, the property of His Majesty's Postmaster-General, he being an officer of the Post Office. Sentence, Six months' hard labour.
WALKER, Henry Stephen Gibbs (34, assistant postman) , pleaded guilty of stealing one postal packet containing one postal order for 9s., the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, Nine months' hard labour.
ROGERS, Albert James (18, temporary assistant postman) , pleaded guilty of stealing one postal packet containing a postal order for 4s. and five penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
It was stated (November 16) that prisoner had been in the service of the Post Office since 1907. He had admitted the theft of 28 other postal orders, 17 of which had been cashed. Mr. Black (secretary of
the Postal Messengers Christian Association for East London) stated that he had known prisoner since 1907, and that it was undoubtedly owing to the number of hours in the day during which he was unemployed that he had become associated with betting men, who were the cause of his downfall.
Sentence, Sis months' hard labour.
EDE, William Henry (postman), pleaded guilty of stealing one postal packet containing one sovereign, one half-sovereign, one postal order for 5s., and six penny stamps, the property of His Majesty's Post master-General, he being an officer of the Post Office.
It was stated in prisoner's defence that he had been for 13 years in the employ of the Post Office, during which time he had borne an excellent character, and that he was in serious straits owing to the illness of his wife when he yielded to the temptation.
Sentence, Nine months' hard labour.
KILLEEN, John Patrick Michael (24, postman) , pleaded guilty of stealing a postal packet containing a Post Office Savings Bank deposit book, and one postal packet containing a postal order for 12s., the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
It was stated (November 16) that he had been in the service of the Post Office for nine years. Observation had been kept on postmen in the district for the past two years owing to the complaints that had been received. In his possession were found letters dating from April, 1909, containing £482 19s. 2d. worth of valuable securities in the way of cheques and postal orders.
Sentence, 18 months' hard labour.
PATERSON, William Mollindinia (45), who pleaded guilty last session (see preceding volume, p. 615) of uttering, knowing the same to be forged, a bill of exchange for £28 12s. 8d. and the acceptance thereof, was brought up for judgment.
It was stated that altogether prisoner had discounted as genuine trade acceptances 33 forged bills representing £1,345. There were also 48 genuinely accepted bills, the total amounts of which had been altered from £390 to £2,090. Those bills also were discounted by prisoner as genuine.
The Recorder said that he had received several letters from wellknown people testifying to the generosity of prisoner in charitable undertakings.
Sentence, 15 months' imprisonment, Second Division.
BEFORE THE COMMON SERJEANT.
(Tuesday, November 15.)
RADMORE, Henry (65, shoemaker) , pleaded guilty of feloniously uttering counterfeit coin twice within 10 days; prisoner confessed to having been convicted at this Court on January 11, 1910, receiving six months' hard labour for uttering. Three other convictions of larceny were proved.
Sentence, 12 months' hard labour.
Mr. Pickersgill, M.P., prosecuted.
Detective-sergeant FREDERICK STEVENS. On October 14 at 10 a.m. I was with Police-constable White in North Street, Clapham, when I saw prisoner examining something in his hand, on seeing us he put, his hand into his jacket pocket. I said, "What were you looking at?" He said, "Nothing, governor," and leant back on a rail and put his hands behind him; White said, "He has dropped a sixpence in the garden." We seized him and found in his jacket pocket the tobacco box (produced) containing 18 counterfeit sixpences wrapped separately in tissue paper. I said, "This is full of counterfeit money, I shall take you to the station." He said, "All right." At the station I took another bad sixpence from his waistcoat pocket—and also nine counterfeit sixpences from his jacket pocket—they were all dated 1908. When charged he said, "I did not think the ones in the box were bad—I had the other two given me." I went to his lodgings, 14, Renshaw Street, Battersea, where I found mould (produced). It has no impression upon it.
Police-constable ARTHUR WHITE, 975 W, corroborated.
Cross-examined. Prisoner is my brother-in-law. The tobacco box (produced) does not belong to him.
WILLIAM JOHN WEBSTER , Inspector of Coins, His Majesty's Mint. The 29 sixpences (produced) are counterfeit, dated 1908, and most of them from the same mould; some of them are doubtful. The circular plaster of paris mould (produced) has nothing on it to show that it is a coining mould.
CHARLES JAMES (prisoner, on oath). On October 14 I was in North Street, when a man that I know as "George" asked me how I was getting on. I said things were very bad, he then asked me if I had any tobacco. I said "No," he pulled out box (produced) and told me to take some; he then went into an urinal. I took some tobacco out and was about to make a cigarette when I saw the money in the" box. I took two sixpences out and was looking at them when the two detectives arrested me. As they seized me the sixpence fell out of my hand.
Cross-examined. I have not given this explanation before. Nine sixpences were not found in my pocket. I did not say, "I did not think the ones in the box were bad—I had the other two given me."
Prisoner Confessed to having been convicted at this Court on September 13, 1909, receiving 12 months, for possessing counterfeit coin under the name of Charles Johnson; five other convictions were proved.
Sentence, 18 months' hard labour.
SYLVESTER, Henry (25, fitter), DWYER, Robert (19, canvasser), and RICHARDSON, Henry (19, labourer) , all pleaded guilty of unlawfully possessing counterfeit coin with intent to utter the same; all unlawfully uttering counterfeit coin four times in two days.
Four previous convictions of 12 months, three months, three months, and 12 months for larceny were proved against Sylvester. The other prisoners were said to have been lately in good employment and to have been led away by Sylvester.
Sentence: Sylvester, 18 months' hard labour; Dwyer and Richardson (each) one month imprisonment, second division.
DREW, Harley (25, newsvendor) , pleaded guilty of feloniously possessing a mould in and upon which was impressed the obverse and reverse sides of a florin, and divers other articles for the manufacture of counterfeit coin.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Wednesday, November 16.)
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett and Mr. Waldo R. Briggs defended.
ALICE LESTER , wife of Richard T. Lester, 46, Durham Road, Tottenham. My stepdaughter, Bessie Amy Lester, was 17 years old, and had been engaged to prisoner for about 12 months. He used to come to our house nearly every night. On October 28 he had been out with Bessie and they returned just before nine. I was sitting in the kitchen; prisoner and Bessie were in the passage outside; I heard them talking; presently I heard a scuffle and a scream. I went out and found Bessie just getting up off the floor; prisoner had gone away. Bessie was bleeding; I took her into the washhouse. called for assistance, and went for a doctor; when I got back Bessie was dead.
Cross-examined. I used to see a great deal of the prisoner; he was rather hasty tempered and sometimes excitable—not more than ordinary people. Apart from little tiffs, I knew of no quarrels between him and Bessie.
THOMAS JOHN DIGHTON . I have for some time been keeping company with Gladys, a sister of Bessie Lester, and frequently met prisoner. On October 28 I was at 46, Durham Road, and saw prisoner; he talked of not feeling well; he had a sore throat. He and Bessie always seemed on pretty good terms and fond of each other. While
I and Gladys were in the parlour I heard a sort of scuffle in the pasgage, where prisoner and Bessie were—as though they were larking about. Presently I heard a scream, and on going out saw that Bessie was wounded. I did not see prisoner, but I heard the front door opened and closed.
Cross-examined. Prisoner has a withered right arm; I do not know that that worried him. He was a friendly, sociable sort of fellow.
Mrs. GREGORY, living on the first floor of 46, Durham Road, said that on coming home on this night she saw Bessie and prisoner in the passage; they appeared to be on friendly terms.
Police-constable WILLIAM NICHOLLS, 273 N. On October 28, about 9.45 p.m., I was on duty in Mount Pleasant Road, a few minutes walk from Durham Road, when prisoner came to me and said, "I have done my girl in"; I asked him where; he said, "I shan't tell you where till I get to the station." He was in a shaky condition; he had no hat on; his hands were covered with blood. I took him to the station.
Inspector ALFRED DAVIS, L Division. I was at Tottenham Police Station when prisoner was brought in by Nicholls. Prisoner was very agitated, restless, and nervous—all on the move. I said to him, "What is the matter?" he said, "I cannot tell you, I will write it down"; he then wrote down, "H. Bright, 33, Steele Road, Tottenham; Elizabeth Lester, 46, Durham Road"; pointing to the latter address he said, "I have done my girl in as this address." He seemed quite to understand what he was talking about. On going to 46, Durham Road, I saw the body of Bessie Lester in the kitchen; her throat was cut; her blouse was covered with blood; there was blood along the passage and on the walls from the front door to the kitchen; I also saw there a razor covered with blood, and a man's hat. On being charged prisoner made no reply.
Dr. WILLIAM J. S. EWIN, 99, Philip Lane, Tottenham. About 10.10 on October 28 I was called to 46, Durham Road. I there saw the dead body of Bessie Lester; she had been dead a few minutes. On the right side of the neck was a cut wound, which had severed the carotid artery and the right internal jugular vein; it was about 3 1/2 in. long, and had penetrated down to the spinal column. The cause of death was loss of blood from the wound. I found on the floor of the passage the razor produced; it had fresh blood upon it; the wound might have been inflicted with that razor.
Cross-examined. I have not examined prisoner. It is generally supposed in the medical profession that, where a mother is sufferings from insanity at the time she is carrying a child, the insanity may be transmitted to the child; it is not always the case. If that happens, it may also happen that the tendency to insanity may lie dormant for some time. Although not actually tainted with insanity, a child born under such circumstances may be of weak mental balance; he may suffer from some nervous disease; paralysis may be a nervous disease.
Re-examined. I attended prisoner's mother in her thirteenth confinement,
in 1902; her condition was then quite normal. I do not know the prisoner at all.
HENRY BRIGHT , father of prisoner. My wife is 54 years old; we have other children, younger and older than prisoner; his age is about He attended school till he was about 14; I think he got into the seventh standard. He then went to different situations. His last was as a printer's labourer; he lived at home with us. When he was between two and three years old he had a very severe attack of diphtheria, followed by paralysis in the right arm; he was for five months in the Hospital for Paralysis, and was discharged as incurable; his arm has ever since been withered. He also has some malformation of one of his feet. Notwithstanding this, he has as a young man gone in for games, such as football; he was regarded as a very decent football player. The razor produced is mine; it was always kept in a cupboard at home; prisoner has used it to shave himself. I believe I last saw the razor when I used it on October 27. About this time prisoner seemed very low and depressed and run down and was doctored by his mother at home.
Cross-examined. He had been in this depressed low state for more, than a week before October 28. I have been married 33 years and have had 13 children; six are dead. My wife has suffered mentally; she has been three times in a lunatic asylum and twice treated at home. The insanity in nearly every case was at the time of her pregnancy and immediately after childbirth, during these attacks she would become very violent; once she nearly succeeded in strangling me; another time she struck me down with a flat-iron; another time she threw a saucepan of boiling water in my face. In 1900 she attempted to cut my throat. She has also attempted to commit suicide. She was very jealous and suspicious of me, entirely without reason.
Re-examined. The other children I have living are all well.
PERCY CRIMMEN , printer's labourer. I have been a fellow-workman with prisoner for nearly three years. He always got on very well, jolly and sociable, with his fellow-workmen. About the beginning of October I noticed that he seemed to be unwell, not himself at all, worried; he; would sit down and hold his head in his hands. I spoke to him about it, but could get no definite answer; he said, "I don't feel well at all." On October 36 he seemed very depressed; he was hoarse with a cold.
This concluded the case for the prosecution.
Mr. Bodkin said that Dr. Dyer, the medical officer of Brixton Prison, was in attendance, but it was not for the prosecution to call him; the burden of proof of insanity rested on the defence.
Mr. Curtis Bennett. I call no evidence.
Mr. Bodkin referred his Lordship to a report made by Dr. Dyer. Although it was no part of the case for the prosecution, his Lordship had power to suggest whether or not Dr. Dyer should be called.
Mr. Justice Darling (after referring to the report). I shall do nothing; I shall leave it entirely to the counsel who defend the prisoner.
Verdict, Guilty of wilful murder.
Mr. Muir, Mr. Leicester, and Mr. Oddie prosecuted; Mr. John O'Connor and Mr. Godson Bonn defended.
EUSTACE SMITH . I am no relation of prisoner. Harriet Lucy Gasson was my sister-in-law. I identified her body at the mortuary. She was a single woman, 37 years old. Nearly two years ago she had a child; I do not know who the father was; it was not prisoner. She put the child out to nurse with a Mrs. Blowes at On gar, paying 5s. a week. I think prisoner became acquainted with Gasson in May, 1909; she was then a domestic servant; in May last they commenced to live together at 67, Earlsmead Road, Kensal Rise. I visited them there; they always seemed on good terms.
Cross-examined. They were on quite affectionate terms, and I knew of no quarrels between them. Prisoner knew about her child.
HENRY LAMBARD , hairdresser, Harrow Road. Prisoner entered my employment in April last; his earnings were 30s. a week. On October 7 he did not come to work as usual, and I went to his house, 67, Earlsmead Road. I there saw Mr. Jones, who tried prisoner's door, but failed to get in. I did not see prisoner again.
Cross-examined. Prisoner had his wages on Friday nights. On Wednesday, October 5, he asked for a portion of his wages due on the 7th; he did not give a reason. I have seen him and Gasson walking together, and thought they were man and wife.
GERTRUDE NEWBY . I live at 65, next door to 67, Earlsmead Road. On October 7 I saw prisoner and Gasson together at their door, in the morning and afternoon; Gasson seemed all right, but she told me she Had a sore throat.
Cross-examined. She and prisoner always seemed on pleasant, affectionate terms.
WALTER JONES . I occupy the flat above that of the prisoner. On Friday, October 7, I saw him come home; he then seemed all right. On the following morning, just after eight, I heard sounds like a woman moaning coming from prisoner's rooms. A little later I went down-stairs for something, and saw prisoner coming out of his kitchen; he was humming to himself; at half past eight I saw him go out of the house. I did not see him again that day, or on the Sunday or the Monday. On Sunday I looked through the curtains into prisoner's kitchen; I could see the breakfast things on the table, but nothing else. On the Monday I looked again, and I saw the body of a woman lying in blood on the floor. When Inspector Mercer came I gave him my key to unlock the front-parlour door.
Cross-examined. I was in bed when I heard the moaning; it was like a woman fainting away; if there had been any struggle I think I should have Heard it. I had never heard any quarrelling between prisoner and deceased.
Inspector ARTHUR MACER, X Division. On the afternoon of October 10 I went to 67, Earlsmead Road. Jones gave me a key of the front room of the lower flat; in that room I found a key, with which I opened the kitchen door. Just behind the door I found the dead body of a woman lying at full length on the floor, on her stomach, in a large pool of blood; on her left side was an overturned chair; she was dressed in a dressing-gown, chemise, and carpet slippers. The remains of breakfast were on the table. On the dresser I found the razor (Exhibit 3); it was blood-stained, with some hair adhering to the blade. On the floor I found the pair of trousers produced; they were splashed with blood down the front. Apart from the overturned chair there were no signs of disorder in the room.
Inspector HENRY SUCH, Essex Constabulary. On October 11 prisoner came into Grays Police Station, and said, "You might let Inspector Barrett know I am here." I said, "Do you wish to surrender yourself for anything that you have done?" He said, "Yes, in connection with the murder of my wife at 67, Earlsmead Road, Kensal Rise." He produced a newspaper dated October 11, giving an account of the murder, stating that "Inspector Barrett has the case in hand," and giving a description of me man who was wanted; pointing to that, prisoner said, "That is intended for me." I found on searching him a farthing, two keys, and a pottle containing spirits of salts; this was in a paper wrapper which I think had not been opened; it had been purchased from a chemist at Southend, whose label was on the bottle. Prisoner subsequently made a statement embodying what I have just said, which was written down and signed by him.
Cross-examined. Prisoner at no time said that he was guilty of murdering his wife. When he told me he wanted to see Barrett in connection with a murder I said to him, "I do not want to take advantage of you, but whatever you say I must take notice of it."
Police-constable ARTHUR E. SACHS, Essex Constabulary. I was placed in charge of prisoner by last witness on October 11. Prisoner commenced to say something to me and I stopped him and asked, "Do you wish to make a statement?" He said, "I only want to tell you how the thing happened. On Friday night I had a quarrel with my wife over some money. She pays 5s. a week for the keep of a child she had before we were married; she could not tell me what she had done with the money, and that caused the trouble. On Saturday morning I got up as usual; at 10 minutes to eight I went into my bedroom to put on my collar, and my wife started nagging at me again. I went out of the bedroom and went to my wife; she clutched at my throat and got hold of my collar, faying, 'Finish it, oh, finish it.' I noticed a cut on her throat, and that she was bleeding a little from the cut. I took the razor and finished the job. I then went into the bedroom and looked into the mirror and saw blood marks on my collar. I changed my collar and left the house. The man that lives above me saw me come away." Later on prisoner gave me a pawnticket, showing the pledging of a ring for 3s. at Southend on October 10.
Chief Inspector JOHN KANE, New Scotland Yard. Having taken charge of this case I, on October 11, went with Inspector Barrett to
Grays Police Station and there saw prisoner. I told him for what he would be arrested, and he said, "I quite understand; I know what I gave myself up for; I am glad it is all over." In reply to the formal charge (at Kilburn Police Station) he said, "I am not guilty on the charge of wilful murder." Prisoner produced two keys, saying that one was the key of the front door of his Hat and the other the key of his bedroom.
Cross-examined. I have here prisoner's medical history sheet from the army and his record. (The documents showed that prisoner was invalided at a station in India in April, 1903, suffering from fever, and at another Indian station in August, 1903, suffering from debility. Another document produced showed that Charles Oliver, uncle of prisoner's mother, was in May, 1872, confined in Mickleover Lunatic Asylum; in 1884 Oliver attacked and dangerously wounded the medical superintendent; he was then sent to Broadmoor Criminal Lunatic Asylum, where he died in 1892. Another document showed that Ada Moore (prisoner's first cousin) was admitted to Mickleover Asylum in 1908 and discharged in 1909. Prisoner's army record showed that he joined in 1901; he deserted his regiment in July, 1908; he had then risen to be lance-corporal, and in less than a year would have served his full time.
Inspector EDWARD BARRETT, New Scotland Yard, having spoken to finding in prisoner's rooms a bloodstained collar and tie, stated that on the journey from Grays to London prisoner said, "I was like a man in a trance; I suppose you found my collar in the bedroom with the bloodstains on it; that is where she got Hold of me; she tried to do it on herself first and then begged me to finish it. I think she was worried a bit about the money for the child at Ongar. I thought she had got the money. She has been a good girl to me. I little thought last Monday when I read about Crippen that I should be so near to him. After I did it my only thought was to get away." Later, prisoner pointed to a scar on his forehead and said, "This was done when I was a little boy; it makes me feel dicky sometimes."
GEORGE ROBERTSON , divisional surgeon. I made the post-mortem examination of Gasson. She was seven months pregnant. There were three cuts in her throat, neither of which could have been self inflicted; great violence must have been used. The cause of death was the cutting of the throat.
(Thursday, November 17.)
MARY ALICE SMITH , of Chesterfield. I am prisoner's half-sister. and am 16 years his senior. From the time of his birth his abnormally large head was noticeable. During his boyhood I was at home a great deal, being an invalid, and had opportunities of noticing his growing up. There was great difficulty in getting him to see the difference between right and wrong. As far as possible, he was not punished if he did wrong, for fear of upsetting him; he was so violent; he would
go off like gunpowder. In 1892 he was apprenticed to Mr. Heathcote, a hairdresser. At this time he would occasionally go away for a day or two together. Also he would leave his business place and come home and sit in a chair holding his head in his hands. Ada Moore was prisoner's own cousin, on his mother's side. She was in a lunatic asylum in 1908-09.
Cross-examined. There is no insanity in my father's family Ada Moore was 24 or 25 years old when she went into the asylum; she was a general servant; after being in the asylum for about a year she was discharged cured, and is now in another situation, doing very nicely. Prisoner as a young man seemed to lose control of himself, I was sometimes afraid of him. After serving his apprenticeship as a hairdresser to Heathcote he went to Matlock to manage a shop in the same line for my brother, and then started a business of his own in Chesterfield. It was not a success, as he did not attend to it properly; I think gambling had something to do with it; he did not drink. Prisoner in his boyhood was never attended by a doctor in respect of the strangeness I have spoken of, but he was treated for running at the ears.
E. H. HEATHCOTE, hairdresser, Chesterfield. Prisoner came to me under indentures for six years from 1892. While with me he was very different from the other boys I had; on the slightest provocation he would go into a violent rage and temper; he would leave the shop and go away in the middle of the day. He would be very sullen and morose. At these times be gave me the impression that he was not exactly in his right mind; on one occasion I have seen him froth at the mouth.
Cross-examined. I noticed these peculiarities soon after he came to me; I did not think him dangerous, but a little bit "gone." I told his parents that I did not think him quite all right in his head; I seriously thought so; yet I went on letting him shave customers in my shop.
Cross-examined. Charles Oliver had three brothers, who were all right.
JOSEPH SMITH , Chesterfield. I am own brother of prisoner. I remember while he was apprenticed to Heathcote he used some times to come home and sit with his head in his hands, and if you asked him anything he would not answer. Occasionally he has gone away for a day, and we would not know where he was. Once he disappeared for two days; I heard that he was in Sheffield; I went there and found him walking the streets and brought him home; he would not say why he had gone or what he had been doing.
Cross-examined. He was very hasty tampered; it never struck us that he was insane.
This concluded the evidence for the defence.
Mr. Muir pointed out that in the course of the case for the prosecution no questions were put in cross-examination of Lambard and Howard, who had for a long period been in touch daily with the prisoner, to indicate that the defence of insanity would be raised. Counsel proposed now to recall Lambard
and Howard, and to call Dr. Dyer, who had had prisoner under observation in Brixton prison.
Mr. O'Connor submitted that the prosecution must be confined to the evidence they had placed before the jury as their completed case.
Mr. Justice Darling. Is not the question whether the defence has been raised by the cross-examination?
Mr. Muir referred to a recent Resolution of the Judges on this subject; the terms of the Resolution were not to be found in any reported case, but it was to the effect that it was not for the Crown to call evidence of sanity. Since that Resolution the practice had been for the Crown not to call evidence of sanity at all, even though the cross-examination of their witnesses pointed to the probability that insanity would be raised. At any rate, it seemed to be clear that any evidence 'upon the point in possession of the Crown should be reserved until a case of insanity was set up by the defence, either by crossexamination or by substantive evidence, and in the latter event the Crown evidence could only be got in by way of rebuttal.
Mr. Justice Darling. Apart from that Resolution, the rule as to rebutting evidence is that it is really a matter for the discretion of the judge presiding t the trial. Of course he will, in exercising his discretion, see that no injustice is done to the accused by allowing the evidence to be given at the time it is asked to be given as rebutting evidence; short of that, it is a matter, in every case, for the discretion of the judge. Here it is obvious that no injustice can be done, and I shall allow you to call the prison doctor.
SIDNEY REGINALD DYER , medical officer of Brixton Prison. I have had prisoner under observation since he has been in prison, and have had several interviews with him; I have heard all the evidence here. I could discover no illusions or hallucinations or any other indications of insanity; he has suffered from headaches while he has been in hospital, but during the whole time he has been rational. The headaches may have arisen from some fever contracted in India. I have learned that in his young days he suffered from chronic otorrhea, a running of pus from the ear; there is no trace of that disease now. Under my observation of him since October 12 I can discover nothing irrational in his conduct or conversation, and I see no reason to suppose that he was insane on October A.
Cross-examined. Prisoner seems to have led rather a nomad and restless sort of existence; that is an indication of insanity in one special form, namely, masked epilepsy. I know that as a child prisoner was irritable and upset and complained of pains in his head. I do not agree that headache is an indication of insanity; it may be a symptom. As to "impulsive insanity" I say that in my experience, extending over 25 years in these cases, impulsive insanity per se is a very rare condition. You have to look to the previous history of similar attacks, and here I could find none. [Extracts from "Taylor's Medical Jurisprudence" were put to witness; while acknowledging that the work was one of authority, witness declined to accept the proposition—(vide sub-heading "Confession")—that the sane criminal "generally made every attempt to conceal all traces of the crime, and denied it to the last," or that—generally—confession of the crime was symptomatic of insanity.] I have had before me prisoner's Army record; I know that he deserted a short time before he would have been released in ordinary course. I do not agree that this was an unreasonable and motiveless act indicating a "change of character." I will not say, from my experience, that a sudden and violent change of character
is necessarily evidence of insanity. I do not agree that prisoner's desertion from the Army was motiveless." He was in arrears in paying maintenance for his wife.
A Juror. We did not understand that this man had a wife living. Witness. Yes; he was married, and an order had been made to part of his pay to be sent to his wife, and these payments were in arrear. Therefore his desertion from the Army cannot be said to have been "motiveless." I do not agree that a sane criminal always tries to hide up his offence; the fact that this prisoner did not attempt to conceal the body or to hide the razor or his bloodstained clothes, I do not regard as a sign of insanity; it may show indifference; indifference is a characteristic of the insane, but also of the sane.
Re-examined. The fact that prisoner took off his bloodstained collar and trousers and left them behind does not show indifference. My opinion now is that at the time he committed this act he did know the nature and quality of it and that it was wrong. In the case of acts of impulsive insanity, they are generally automatic, and the actor does not remember what he has done; this prisoner's detailed statement shows that he remembered what had happened and points to sanity.
BEFORE THE RECORDER.
(Wednesday, November 16.)
KING, Emily (39, charwoman), who was last Session (see preceding volume, p. 665) convicted of wounding to murder Herbert King, and to do him some grievous bodily harm, and pleaded guilty of attempting to commit suicide, was brought up for judgment.
It was stated that arrangements had been made for prisoner's future, and that the two youngest children were to go into Dr. Barnardo's home. She was released on her own recognisances in £25 to come up for judgment if called upon.
LOWE, George (43, shoemaker) , feloniously demanding and obtaining by virtue of forged instruments, knowing the same to be forged, to wit, upon forged and altered (Savings Bank deposit books, the sums of 9s. and 2s. 4d., in each case with intent to defraud. Prisoner pleaded guilty of the charge as to the 2s. 4d.; the other charges were not gone into. He confessed to a previous conviction for misdemeanour at Bow Street Police Court on June 12, 1909.
Detective PERCY WHITE (General Post Office) proved a further conviction in 1905 against prisoner as a rogue Ana vagabond. He had once held a good position which he lost through drink.
Sentence, Six months' hard labour.
HINDE, Stanley Rudolph (17, billiard-marker) , stealing' £10 5s. 6d., the moneys of >William Meadmore his employer; forging a certain notice of withdrawal for the payment of money, with intent to defraud; forging a certain form of receipt for £2 10s., with intent to defraud, and thereby feloniously obtaining the said sum of £2 10s., the moneys of the Postmaster-General.
Prisoner pleaded guilty of the charge relating to the £10 5s. 6d. The other two indictments, on the suggestion of the Recorder, were allowed to remain on the file.
Prisoner confessed to a conviction of felony on June 23, 1910 at Kingston-on-Thames Petty Sessional Court, when he was bound over in a sum of £10.
Detective EDWARD MOY, V Division, proved this conviction. Detective Lee, K Division, detailed the circumstances under which prisoner had stolen the £10 5s. 6d., and stated that he had been dismissed from the Clarendon Hotel, Oxford, being suspected of dishonesty. He had been discharged from the Navy, where he had been for two years, having been suspected of stealing money. It was owing to this fact that he was stated to be unsuitable for the Borstal system.
Sentence, 12 months' hard labour, the Recorder stating that in the sentence he was taking into account the circumstance of the proceedings before the Kingston Bench.
Detective-sergeant HUBERT SMITH. At 11.15 a.m., on October 26, I arrested prisoner at Highbury Station, Holloway Road. I read the warrant to him and he made no reply. I took him by the Tube Railway to the Bank. When he got out I noticed that he had left this paper (Exhibit 1) behind. I told him of it and he made no reply. I picked it up; I had seen it in his possession before. On the way to the Minories Police Station he said, "Are you Detective-sergeant smith?" I said, "Yes." He said, "I wanted to see you at 2.30 to-day." I had made no appointment with him.
Cross-examined. I knew Mr. Spong had referred him to me.
HERBERT COURLANDER , assistant to William Lund and Son, 56 and 57, Cornhill, E.C. On October 4 prisoner came in and asked us if we would let him have the peridot and diamond cross that was in the window on approval to show to a customer. On his asking me I told him the price was £50. He said his name was Garnett, of the firm of Meyrick and Garnett, 18, Poland Street. I understood they were wholesale jewellers. I then referred to my principal, and returned and asked him when he wanted it. I agreed to let him have it on approval, and he said he would let us know. Mr. Gibson, my principal, was present at the interview. About 9.15 a.m. on October 14 he came in again. I told him to return at 10 a.m., as I wanted to consult my principal, who did not arrive until that time. He returned at 10.15 a.m., and I handed him the cross. This book contains the carbon copy of the approbation note which he signed, and of which he took away the original: "56 and 57, Cornhill, London, October 14,1910. Messrs. Meyrick and Garnett, 18, Portland Street, W. On approbation from
William Lund and Son. 17036. Peridot and diamond cross, £50. Above article remains our property until invoiced by us, and must be returned to us immediately on demand.—H.C." The note at the end is in my writing. Prisoner took exception to it, saying he could not see his customer till Monday. He asked us to leave it over till Tuesday, and I agreed. He then wrote in brackets, "Until Tuesday," as it appears now. I then tore out the original and gave it to him with the cross. On Tuesday, October 18, not having returned it, Mr. Richards wrote to him at Poland Street We had no reply on the 19th, and a letter was written to him on October 20, which was taken by hand and brought back undelivered. On October 21 this letter (Exhibit 5) was written to him, which I myself took to his address, 9a, Maryville, Sydney Road, Muswell Hill. I could not gain admission there, so I took it to the Rev. Garnett, who, I believe, is his father, at "East Dene," Bow Lane, East Finchley. I found prisoner was living there. It was afterward handed by his solicitor to the magistrate and read. It says: "Sir,—Referring to the peridot and diamond cross taken from us on approbation on October 14 last, we hereby request you to deliver same to the bearer our representative, and we also have to inform you that unless the cross is returned to us to-day, we shall at once take proceedings against you without further notice." I look at Exhibit 1, and compare it with the writing on the approbation note, and form the opinion that they are written by the same hand. Exhibit 1, the writing on the newspaper, says: "Please receive receipt for the payment I have made to Attenborough in settlement of your cross. As I explained to your Mr. Richards last night, the arrangement made at the time I had the cross was for you to leave the matter open until yesterday. My idea at the time I pawned it was to get about £20 or £30 on it, as I thought it would show my customer he had a bargain, but Attenborough would only lend £6 on it. I kept to my arrangement, and would have done the business or returned it last night if Attenborough had let me have it." I was present every time prisoner called, and heard everything that took place. Nothing was said on the signing of the approbation note about a week or ten days.
Cross-examined. I did not know who he was when he called, but my principal did. I was in business on my own account two years ago, and, to the best of my recollection, I never bought anything from Meyrick and Garnett. I have known Meyrick practically all my life, and know that he has dissolved partnership. The peridot is not a brittle stone, nor is it difficult to handle. There are any amount about. We have had this one about 18 months. When it was given to prisoner it was wrapped in cotton wool and tissue paper. He did not say he could only see his customer at week ends. The conversation was entirely between myself and prisoner; Mr. Gibson only interpolated remarks. I took my instructions from him however, I was the intermediary between him and prisoner.
18, Poland Street, W. I took it there, but I could not deliver it as the premises were locked up and no one was there. I returned it to Mr. Courlander.
HENRY SPONG , assistant, 6. Attenborough and Son, pawnbrokers, 193, Fleet Street, E.C. About midday on October 14 prisoner, whom I had never seen before, came in with this pendant, and asked £6 for it. I offered him £5 at first. He said he would not accept that, as it was worth quite £6 and that it had cost him £26. I lent him £6. He did not say anything about it being worth £50. He gave the name of Whitaker, of Connaught Club. I asked him where that was, and he said Marble Arch. I produce the duplicate pawn ticket. On the 24th Detective-sergeant Smith came to me and I showed the cross to him. He brought Mr. Richards in the afternoon and he identified it. About 1.45 p.m. the next day I saw prisoner, who produced the ticket, tendered £6 and 2s. interest, and asked for the pendant. I told him we had an intimation from the police that it was stolen and we could not deliver it to him. He paid the £6 2s., and I gave him a receipt. I referred him to Sergeant Smith, and he said he would go and see him at once. The next day I returned the pendant to the owners' solicitors.
Cross-examined. He has not sold goods to my firm. We were in the back part of the shop at the interview.
FRANCIS WILLIAM RICHARDS . I carry on business with Mr. Gibson as William Lund and Son, manufacturing jewellers, 56 and 57, Cornhill, E.C. In consequence of information I had received on October 18 I wrote a letter to prisoner, and myself went to 18, Poland Street, where on the second floor there is a brass plate with "Meyrick" upon it. The premises were closed and padlocked. I caused the letter of the 20th, demanding the return of the pendant, to be written. I received the letter of the 21st in answer (Mr. Courlander identified the writing as that of prisoner's). It says, "Yours to hand with thanks. There is some misunderstanding over sale. I pointed out at the time that I had a pendant on approval to leave it open for a week or so, and intended sending same on Tuesday next. However, I will show it to my customer immediately and let you have an answer as requested either late on Saturday or early Monday." I identify this pendant as my property.
CHARLES WILLIAM GARNETT (prisoner, on oath). I am a manufacturing jeweller, and live at "East Dene," Bow Lane, Finchley In November, 1909, my partnership with Meyrick was dissolved, since which time I have carried on business myself at 18, Poland Street. On October 4 I called on Messrs. Lund, and saw Courlander and Gibson. I had known Gibson eight or nine years and it was to him I talked. I asked him if he would let me have the diamond pendant on approval. He said the price was £50 and I could have it whenever I wanted it. I had in view a customer to whom I had previously sold a pair of peridot earrings for his wife and who wished
to have an ornament of the same kind. I told Gibson I would endeavour to see this man and return and let him know. I saw my customer once between the 4th and the 14th, when I went to Lund's again. They then gave me the jewel wrapped up in tissue paper and wool. I tried to see the customer and, failing to do so, I pawned it for £6 for safety. I was likely to see him that week-end or the following week-end; he always came to London from the Friday to the Tuesday. I saw him on Tuesday, the 25th, for the first time since I had had the pendant. He went with me to Attenborough's, I taking the £6 2s. to redeem it. I left him outside. Mr. Spong told me that the police had communicated with them. I gave them the money and took a receipt for it. The following morning I was arrested.
Cross-examined. I did not tell Spong that I had a customer waiting outside to see the pendant, as it was none of his business. The customer is not coming to give evidence. I have not said anything about this before. I had a solicitor acting for me before the magistrate and there was no necessity for me to say anything. The name of the customer is Gilbert Wainwright and his address is 16, Withingdon Road, Highbury. I sold these earrings to him about last summer. I have kept books in my business. That transaction would be entered in the day book, but I have not that here. 18, Poland Street has been closed now possibly a month; I am still in business, only there is a "suspended animation" It had been shut about a week before October 25, the day I went to the pawnbrokers. I was going to less expensive premises. I have now given up the key. I was not carrying on business there on October 14; the padlock was on about a week before that. I wish to correct my answer that it was shut up a week before October 25; it was earlier. It was open on October 4. I have no idea when Wainwright called for the last time there. I can produce him if he will come. He knows I am standing on my trial, but not that I should be likely to need him. I do not think he knew that was going to say he accompanied me to the pawnbroker. I have known him in business and privately for two years. I have discussed this case with him. He asked me when I came out of the pawnbroker's why I had not got the pendant and I simply told him that I could not get it that night. I did not tell him why, because I am inclined to be reticent in a matter of that kind with a customer. I was not hard up on that date for £20, though I owed a lot of money and I do now. I have frequently pawned things for safety. It never struck me to use the Chancery Lane Safe Deposit, which is in the same street as Attenborough's. I had two safes at Poland Street, but the premises were locked up. My landlord had the key to the padlock which he had put on on October 10 or 15. I owed him two quarters' rent and he said I could take my things away when I had paid him. I did not tell the pawnbroker that I was pawning the pendant for safety. It is true that the less I borrowed on it the less interest I would have to pay. I did not tell him that I had just paid Lund's £26 for it; I may have said it cost £26. I do not myself think it is worth £50. I should have charged my customer £55. It is true I wrote the letter on the newspaper. My explanation of saying that my idea at the
time I pawned it was to get £20 or £30 on it is prior to going into Attenborough's. I went into Barnett's, another pawnbroker; he said he thought it was worth £20, and that he would not lend £25 or £30 on it. If he had been willing to do so I should have taken the customer in there and discussed it with him. The usual time to have an article on approval is ten days and when I put "until Tuesday" in the appro. note I meant the Tuesday subsequent to those ten days; I ought to have said Tuesday week.
Re-examined. Wainwright paid me £11 for the earrings. A peridot is a very brittle and soft stone and I put it away for safety, as I might have lost it.
(Thursday, November 17.)
Detective-sergeant HUBERT SMITH (recalled), to the Jury. The warrant was issued in the forenoon of October 25.
Further cross-examined. The issue of the warrant would not be a public matter, but I made inquiries at different places after I got it.
CHARLES WILLIAM GARNETT (recalled), to the Court. I sent this telegram (Exhibit 8) to Lund and Co. on October 24, "Posting pendant to-night." I was anticipating seeing my customer that day and wanted to let them know I was moving in the matter. I did not see him eventually.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, November 16.)
Mr. Beaumont Morice prosecuted.
WALTER BOND , 86, Lewisham Road, Greenwich, confectioner and tobacconist. On October 5, at two p.m., prisoner asked for a penny packet of Peters' chocolate, tendering counterfeit florin produced; I told him it was bad; he handed me a good half-crown, received 2s. 5d. change, and left. Being suspicious I followed him to Mrs. Wood's shop, 28, Lewisham Road. I there spoke to Mrs. Wood, followed prisoner, and gave him into custody. He was brought back to Mrs. Wood's shop, where he admitted passing the coin and said he did not believe it was bad.
Cross-examined. When I handed prisoner the coin he made no reply.
ANNIE GERTRUDE WOOD , 28, Lewisham Road, confectioner and tobacconist. On October 5, at 2.10 p.m., prisoner asked for a packet of Woodbine cigarettes (1d.), and tendered florin produced. I told him it was bad; he put it in his pocket, gave me a good half-crown, received
2s. 5d. change and left, and went to the door when Bond spoke to me. Prisoner was afterwards brought to my shop.
Police-constable WILLIAM WILTSHIRE, 607 R, on October 5, at 2.30 p.m., I was in South Street, Greenwich, when Bond pointed prisoner out to me. I told prisoner he had been trying to pass a bad two-shilling piece. He said, "I do not think it is bad"; he returned me the 2s. piece (produced), which I then handed to Detective Helvey. Prisoner was taken to Mrs. Wood's shop, when he said he did not think the coin was bad. In answer to the charge he said "All right."
Cross-examined. Prisoner did not attempt to run away.
Detective HENRY HELVEY, A Division. The coin produced was handed to me by Constable Wiltshire in the prisoner's presence. I marked the coin with my own initials. I afterwards searched prisoner and found on him a silver watch, a leather watch guard, two florins, two shilling pieces, sixpence, 10d. in bronze, tobacco pouch full of tobacco, a pocket-knife, a new piece of indiarubber, one packet of cigarettes, one packet of chocolate, a new pocket comb, and a packet of cigarette papers. I told him he would be charged with uttering a counterfeit coin to Mrs. Wood. He replied that he did not know it was bad. I said, "If you still think it is not bad, I will have it examined by an expert." He said, "There is no need to do that; I got it in change from a tram conductor in the Walworth Road."
Detective HENRY HELVEY proved that on September 23, 1903, prisoner was bound over at the South Metropolitan Police Court under the First Offenders Act for embezzling 15s. 6 1/2 d. Again on January 18, 1907, he was bound over at the Westminster Police Court for being a suspected person loitering.
Sentence, Six months' hard labour.
Mr. Wilkinson prosecuted.
EMMA GODWIN , barmaid "Enkel Arms," Seven Sisters Road. About three o'clock p.m. on October 15 prisoner came into the house and asked for a glass of ale and a screw of shag, costing together 2d. He tendered in payment what appeared to be a half-crown, which I had my doubts about, and tested with acid. Prisoner could see me do this. On testing it the coin turned black. I then handed it to the governor. I went back to the bar to serve someone else, when prisoner said, "Hurry up with my change, I am in a hurry."
pointed prisoner out to me, and I said to him, "This is a bad coin. Where did you get it from?" He said he got it on the gee-gees. He threw down three coins, a half-sovereign and two half-crowns, and said, "Are these good ones?" They were good. He then paid the 2d. out of a good half-crown, and I gave him 2s. 4d. change. I gave the bad half-crown back to him. Sergeant Kendell was in the bar at the time, standing behind prisoner.
Cross-examined by Prisoner. Detective Scoles was also in the house at the time. When the coin was brought to me I did not speak to the police officers. They heard the conversation that was going on between the barman and myself.
Detective-sergeant SIDNEY KENDELL, Y Division. On this afternoon I was in the "Enkel Arms" in company with Scoles. I heard the conversation between the barman and the landlord, and I then went into the four-ale bar where prisoner was. I saw the landlord give prisoner his change, and saw him hand him a coin which I took out of his hand and examined. I could see that it was counterfeit, and I said to prisoner, "Where did you get this from?" He said, "From the gee-gees." I said, "Come outside, I want to speak to you." He went outside, and said, "I had a bet with Sam Isaacs on Friday, the 14th. I backed 1s. Newcastle, all on Eblis, owned by Mr. Edwardes. They both won, and Isaacs paid me out 19s. 6d., 10s. in gold, three half-crowns, and a 2s. piece. I laid out 2s. of it. He was taken to the station and charged. He gave the name of William Murphy, Norris's Common Lodging House, Campbell Road, No. 65 bed. I told him I would go and make inquiries. The deputy from Norris's and another lodging house in the neighbourhood came to the station, and told me in prisoner's presence that he did not stop at either of the places, and they knew nothing about him.
(Thursday, November 17.)
Detective-inspector ALBERT SCOLES. I was in company with Kendell at the "Enkel Arms" on this afternoon. Outside the house Kendell handed me a coin, saying, 'Here is the coin this man has presented over the bar." At the station prisoner said, "I got 19s. 6d. from a bookmaker this morning. I had 2s. on Newcastle, all on Eblis, owned by Mr. Edwardes." Inquiries were made for the bookmaker, but he could not be found. When I told prisoner this he said, "If I had given you the bookmaker's right name, you would have had him arrested on my information." I consulted the "Morning Advertiser" and I told prisoner that it appeared from that paper that neither Eblis nor Newcastle ran at Newmarket on the day he mentioned. I told him that as his statements were false as to where he lived and so on he would be charged with knowingly uttering a counterfeit coin. He replied, "I have been thinking the matter over, and I was wondering whether you had not given the coin to the girl." I replied that I never saw him in the public house and never spoke to the girl, nor did I have any conversation with the proprietor with respect to the coin.
Prisoner then said, "Oh well, your friend might have done so," meaning Kendell.
To prisoner. I did not promise the lodging-house keeper a good holiday if he came and gave evidence.
WILLIAM MURPHY (prisoner, on oath). On October 14 I had a bet on a horse called Borrow, which won at 16 to 1. I went to Sam Isaacs who stands in the Campbell Road, and drew 17s. I had another bet on a horse called Overis, which won me 2s. 6d. That made 19s. 6d. The next day I laid out 2s. on another horse. This left me 17s. 6d. out of 19s. 6d. I walked down Seven Sisters Road till I came to the "Enkel Arms." I fancied a glass of beer, and I went in. I had three half-crowns in one side of my purse and half a sovereign in the other. I picked out the half-a-crown and chucked it on the counter and called for a glass of ale and a pennyworth of shag. The barmaid took the coin. I saw her go over to the till with it. I drank my ale and pulled out my cigarette book to make a cigarette. I stood there for a matter of three or four minutes. Then I saw her come up to serve other customers. I said, "Have you forgotten my change, miss?" She said, "Oh, it's coming up in a minute." At that time I looked round and saw the manager with something bright in his hands talking to Kendell and the inspector. Little did I think it was my half-crown. The landlord walked straight over to me and said, "Do you know what this is?" He shoved it on the counter and I picked it up and looked at it. He said, "It is a bad one." I said, "Is it?" He said, "Yes." With that I pulled out my purse, and said, "You might as well tell me if there are any more bad ones among these, as they all come off the same man. He looked at the other coins and said they were good. Then Kendell came up and took the coin out of my hand and said I must go to the station with him. Going to the station Kendell was on one side of me and Inspector Scoles the other. The inspector said to me, "Anybody is liable to have a bad half-crown given to them. I had one the other night, but I am in a different position to what you are," or something to that effect. In the flurry of losing my half-crown, I said anything for the time being. About the same time there was a man arrested for stealing a bike. He comes from the Hornsey Road, where these gentlemen come from, and he distinctly told me that Sergeant Kendell knew the bookmaker very well. That was during the time I was in the cell and going to Brixton in the van.
Cross-examined. I have lived in Brick Lane, Spitalfields. I was living there up to the Wednesday previous to my arrest. I fled from
my wife, and then I went with two men, named Kennedy and Barnard Fisher. I stayed at Norris's lodging-house for two nights.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, November 16.)
Inspector WILLIAM EVANS (Birmingham Police). Prisoner pleaded guilty and was sentenced at Birmingham to two terms of four years' penal servitude to run concurrently. Two days before he was tried I received a warrant from the City of London Police in the event of his discharge. They requested me not to mention the charge with which he is now indicted. There was no mention made to the Recorder at Birmingham of any charges which were pending against prisoner; simply his criminal history was told to the Recorder. I have a translation of a letter from the French police—which says that besides four months' imprisonment in November, 1909, he was convicted of theft on September 14, 1905 at Paris. That was mentioned at Birmingham. An expulsion order was made on November 6, 1905.
Inspector HINE, City Police. I was in touch with the prosecutors and they asked me not to mention this charge, as they thought it a case that should come before the London Court.
Cross-examined. I knew the pearls were insured. I do not know the conditions of the policy. It is an invariable condition that the victim must prosecute the thief.
Sentence, Four years' penal servitude; recommended for expulsion under the Aliens Act.
HOOK, Sidney Edward (17, labourer) , pleaded guilty of stealing one jacket, the goods of William Snelling, one kit-bag, the goods of Max Tuck and others, and one brief bag, the goods of Francis Ince and others.
Prisoner had been in the employment of the General Post Office for nearly two years, and was discharged on May 26, 1890. He was reported 25 times, most for laziness and inattention to duties. The articles, the subject of this charge, were stolen from offices in the neighbourhood of Mincing Lane. Prisoner would enter an office early in the morning while the charwoman was cleaning, and state that he was the new clerk. The thefts were reported to the police, and he was arrested as he answered the description given.
Sentence, Two years' detention in a Borstal institution.
Prisoner was released on hit own recognisances in £5 to come up for judgment if called upon.
Several previous convictions were proved.
Sentence, Eight months hard labour.
Mr. Stanley R. Crawford prosecuted; Mr. Cassels defended.
JOSEPH HORNE , compositor. I was in Fleet Street on September 24. I bought a book, changing a sixpence to go to the underground convenience. After that I remember no more till I came to in the hospital. I had had a little drink. I did not know prisoner.
Cross-examined. I was not in work at the time, but was going to start on the following Monday. I was in hospital six weeks and am still an out-patient.
FREDERICK STEEL , reporter, "Daily News." I was at the corner of Ludgate Circus. There were three or four men there evidently having some dispute, but not loudly. Home was the worse for liquor, not far from being helplessly drunk. In the argument he had his right hand out as if offering to shake hands with somebody. I saw prisoner then strike out with his left hand; he did not get a full blow; he then struck again and stepped back to get a clear swing and with his right hand he delivered a smashing blow which caught prosecutor under the chin, causing him to fall on the flat of his back. A constable came from the centre of the Circus and said to prisoner, "Wait a minute, mister," and then went to see to the injured man. Prisoner was quite sober, but very excited and seemed annoyed.
EDGAR STERLING , 27, Swan Street, Borough. I was standing on the urinal at Ludgate Circus when I saw prisoner and prosecutor standing face to face and five or six people standing round. I thought it was a Saturday night affair and took very little notice at first. Prosecutor had had a drink or two, but I have seen worse. I had occasion to turn round to see if my wife was coming from London Bridge and saw prisoner strike Home with his fist closed, on his left jaw, I think. The blow knocked him down. I spoke to prisoner. He said, "He was going to strike me first." I said, "Anybody could hit a man in drink. He said, "I am sorry; I did not mean to hit him like that; he has been interfering with people all the evening." I did not see Home interfere with him.
Police-constable WILLIAM CHATFIELD, 113 City Police. I saw prisoner strike Home twice, not hard blows; he then struck him hard and Home fell backwards on his head. I went across and saw that the man was seriously hurt, I said to Brady, "Why did you do
that?" He said, "He was interfering with a friend of mine." Brady was taken to the station by another constable and I took Home to the hospital, where he was detained. Home said, "He struck me first."
Dr. FRANK FORTESCUE LAIDLAW, House Surgeon, St. Bartholomew's Hospital. I saw Home upon his admission. He was suffering from moderately severe concussion. He had a contusion on the back of his head. There was a little bleeding; he was unconscious and vomited copiously. That is a sign of concussion of the brain. He remained unconscious about 12 hours. I attended him till October 1, when he was still suffering from what I should call a certain amount of cerebral irritation following on the concussion.
Dr. DOBBINS, House Surgeon, St. Bartholomew's. On October 1 I took over the duties of last witness. Home was then suffering from the effects of the concussion.
ERNEST BRADY (prisoner, on oath). I am a timber merchant's clerk. I have never been in any trouble before. On Saturday, September 24 I was going to the Tivoli. At Ludgate Circus I was accosted by a loafer sort of fellow, who asked me for a few coppers. I gave him a few and he was telling me he had walked here and walked there when prosecutor came and stood by me and mumbled something. I took no notice of what he said. I think Horne made an attempt to strike me; he caught my shoulder. I immediately struck him; he fell on the back of his head and I was taken into custody.
Cross-examined. I do not know what the mumbling was. I took no notice of the man as I did not know him and he was in a drunken condition. He put up his hand to strike me; he missed my face and caught my shoulder. I do not know whether it was with his fist or palm. The blow only raised my anger. He did not attempt to shake hands with me. I knocked him down without thinking.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon. (Prosecutor also received from prisoner £5 compensation.)
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Thursday, November 17.)
Prisoner confessed to a previous conviction of felony at the Town Hall, Grimsby, on April 27,1909, in the name of Joseph Hill.
Detective-sergeant HOLME, Manchester City Police, stated that prisoner had been convicted twelve times since 1889, the great majority of the offences being that of stealing bicycles.
Detective-sergeant HENRY BARRELL, T Division, stated that prisoner wished, in being sentenced, for it to be taken into consideration that he admitted having stolen five other motor bicycles in different parts of the country. Prisoner stated that on his release from prison the last time he had enlisted, but on it being found it that he had been convicted he was discharged.
Sentence, Three years' penal servitude.
FRANCIS, Edward (32, agent) , pleaded guilty that, having received certain property, to wit £1,000, for and on account of a certain other personage, he did fraudulently convert the said property to his own use.
It was stated prosecutor had met prisoner and one Bernard (since acquitted by the magistrate) quite recently, and he had given Bernard a cheque for £1,000 to cash to meet the expenses of a trip the three of them proposed taking to Paris. This cheque was cashed by Bernard, who had given prisoner £500 from the proceeds. Prisoner kept the appointment with prosecutor at the station prior to going to Paris and was arrested, prosecutor having become suspicious at Bernard's non-appearance. £487 had been found on prisoner and he had given authority for that sum to be returned to prosecutor.
Prisoner was released on his own recognisances in £200 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Thursday, November 17.)
MARTIN, Rudolph (56, interpreter) , pleaded guilty of unlawfully aiding, abetting and procuring the commission of a certain misdemeanour by Wilhelm Pries, to wit, the unlawful knowingly and willfully making and subscribing by the said Wilhelm Pries of a false declaration before E. J. Mott, Deputy Superintendent Registrar of Marriages in and for the District of Fulham, which such declaration was required to be made and subscribed by statute upon a marriage then intended to be solemnised between the said Wilhelm Pries and Lena Widmann, the said Wilhelm Pries knowing the said declaration to be false in a certain material particular.
Mr. Graham-Campbell prosecuted; Mr. Symmons appeared for prisoner.
Mr. Graham-Campbell said that prisoner had during the past three or four years come on several occasions to the offices of the Registrar of the Fulham District to act as interpreter for Germans who were desirous of getting married. On September 8 he came to the office on behalf of a man named Wilhelm Pries. Mr. Durham, one of the clerks, on prisoner's instructions filled up a declaration that Wilhelm Pries had for 15 days had his sole place of residence within the district of Fulham. Mr. Mott, the District Superintending Registrar, came into the room, handed the form to prisoner, and asked if the particulars were correct. Prisoner said they were. The facts were that on the previous day, September 3, prisoner called on a Miss Footman, who carried on a boarding-house in Fulham, and asked if she could take in a lady and gentleman who would arrive next morning and stay two or three days. On the 8th a German lady and gentleman arrived with prisoner and remained with Miss Footman for some seven days longer. Upon September 10 prisoner, Wilhelm Pries, and Lena Widmann, the other party to the marriage, attended at the registry office. Mr. Mott then told prisoner that it had come to his knowledge that the declaration as to duration of residence was not correct. Prisoner at first said that it was correct, then that he had not read it when he signed it, and then finally admitted that it was incorrect. Mr. Mott then made a note upon it, "This declaration is not correct," which prisoner signed. Mr. Mott then told prisoner that the marriage could not be proceeded with. Prisoner said that he had been asked by the agents in Berlin to arrange that a marriage should take place in a shorter time than usual. He also said that one of the contracting parties had had another residence in the district in August, but he was not able to say where it was. On the 12th prisoner came again to the office, and said that Pries had resided at 18, Hanley Road, Hammersmith, in August. It was pointed out to him that that was not a fulfilment of the statutory requirements, because the 15 days' residence must be 15 days immediately preceding the giving of the notice. Having stated the facts, Counsel said that the matter was one of very considerable importance, not only to the Somerset House authorities in this country, but also to the authorities in other countries.
The Common Serjeant. It is a direct infringement of the marriage laws, which are most important to be observed, because marriages change the status of the parties. On the validity of a marriage depends the legitimacy of children, the succession to estates, and the bonds between the parties themselves. If a false declaration is made for the purpose of procuring marriages which are not allowed by law it is a most serious matter, haying regard not only to English law but to international law.
Mr. Graham-Campbell said that this was the first prosecution under the Act with regard to foreigners coming over to this country. It as important that it should be most widely known, not only to the prisoner but to others in his position, that it was a very serious offence to infringe the provisions of the Act, and that if cases of this sort occurred the Act would be enforced with the utmost rigour.
Mr. Symmons said that up to the present time prisoner had never had any charge against him. He was of perfectly good character, and had been over in this country for a good number of years. He earned his livelihood by interpreting for German tourist agencies who sent tourists over to this country. His nationality was German.
Prisoner was released on his own recognisances in £20 to come up for judgment if called upon.
LENTLE Henry (34 traveller) , pleaded guilty of stealing two postal orders of the value of 30s., the property of Clotilda Roberts; and of uttering the said postal orders knowing the same to have been forged, with intent to defraud.
Mr. Morley prosecuted.
Prisoner lodged for some time with Mrs. Roberts, and in some way got to know that she had been losing postal orders. He called on her on October 14, said he was a detective, and wished to undertake the case for Mrs. Roberts and to find the orders. Mrs. Roberts consented to his doing this, but heard no more about it. Prisoner cashed the orders in question at the Coldharbour Lane Post Office. When questioned by a police officer he at first tried to make light of it, and said he had taken the orders with Mrs. Roberts' consent, and had had the money.
Detective-sergeant WALTER GRESSLY, M Division. I was present at the Metropolitan Police Court on October 15, 1907, when prisoner was sentenced to one month's imprisonment for larceny. On October 1, 1907, he was fined 28s., or 14 days' hard labour, at the Lambeth Police Court for illegal pawning. I cannot say what he has been doing since his last conviction. On the last occasion I had him in custody he had formed the acquaintance of a widow through a matrimonia agency. He was then a married man with two children. He became possessed of the widow's property and money amounting to £30. He pledged the property and induced the woman to believe that he had arranged a marriage between them. He took her to the Brixton Road Registry Office and showed her a blue paper. She actually believed that she was his wife. On being charged he pleaded that he was in a weak condition.
Detective JOHN JONES, W. Division. After prisoner came out prison in November, 1907, he obtained a situation as a collector and traveller in a draper's store at Tiverton, Devonshire. In January, 1909, he absconded, and it was ascertained that he had embezzled £17 18s. lid. A warrant was issued which is still in existence. Whilst on remand prisoner has written to the Tiverton Police asking for the warrant to be taken into consideration in this Court, as he wants to go afterwards as a free man. Since
January, 1909, he has been in London hiding from arrest under this warrant, assisted by his wife's relations. During this time he has informed several people that he has been employed at Scotland Yard and has posed as a detective. He could not give particulars of having done any work since he came to London.
The Common Serjeant in sentencing prisoner to Nine months' hard labour said the sentence would be in respect also of the Tiverton charge.
Mr. Wilkinson prosecuted.
BERTHA MAY LANGMEAD , assistant to Mr. Gold, dairyman, 92, May Street, Fulham. At 7.45 p.m. on October 14 prisoner came into the shop and asked for three penny eggs. He threw down a coin that looked like half a sovereign. I heard the sound of it, and expected to see a sixpence on the counter. I took it to Mr. Gold to examine, and he then came into the shop.
Cross-examined by prisoner. I heard you ask Mr. Gold if he was sure it was a sixpence. Mr. Gold said at once that it was not a half-sovereign. I heard you say that you got it in your wages and that it would be a serious loss to you.
HENRY GOLD . I remember the last witness handing a coin to me on this evening. I said to prisoner, "I do not think much of this coin." He replied, "Isn't it good? I know where I got it from." He also said, "I will take it back. It will make a lot of difference to me." He said he got it from where he worked. He asked me if I could test it in any way. I further examined the coin and said it was not necessary as it was a gilded sixpence. I asked him where he got it from, and he then said he got it from the Home and Colonial Stores in the North End Road. He then left the shop and I went to the side door to see if he went in the direction of the Home and Colonial Stores. I then saw a constable, made a statement to him, and called his attention to prisoner.
HORACE ROBERT CHINNERY , Police-constable 679 B. On this evening Gold pointed out prisoner to me. I followed him down May Street. He caught sight of me and I gave chase. I chased him for about a mile and eventually got within two or three yards of him when he threw a coin away which was picked up by a private individual and handed to me. (Coin produced.) I said to him, "Have you been to the dairy at 92, May Street, and tendered this coin as being a genuine half-sovereign?" to which he replied, "That is right, I got, it from the Home and Colonial Stores this evening; they gave it to me in change after purchasing some goods." He said he bought 4 lb. of tea, 1/2 lb. of cheese, and 1/2 lb. of butter. That was between half-past six and seven. I took him back to the Stores, where he pointed to the manager, Mr. A lidos, and said, "That is the man who served me with the goods and gave me the change." I asked Mr. Alldos whether he had given him the change, to which he replied, "Nothing of the kind; I have never seen the man before." This was said in prisoner's presence.
I took him to the police station where he was searched, and 2 1/4 d., a few sweets, and a quantity of memoranda were found on him. On the way to the station prisoner said he had sent the goods home by a man whose name and address he did not know. He said his home was at 17, Treport Road, Wandsworth.
WILLIAM EDWARD ALLDOS , manager of the Home and Colonial Stores, North End Road, Fulham. I was in the stores on October 14 all day with the exception of between one and two o'clock and five o'clock and half-past five. I was there when prisoner was brought in by the officer. I had not seen prisoner at the stores before on that day nor at any time.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. The coin produced is a Jubilee sixpence gilded. It was coined in the year 1887. What is called the tail side of the Jubilee sixpences has the same impression as is put on a half sovereign.
ELIZA COLEMAN , prisoner's wife. I remember the day my husband was arrested, I saw him in the morning before I went out about half-past nine. He took some money with him. He took it out of our purse. I did not see how much he took.
ALFRED COLEMAN (prisoner, on oath). I went out on the morning of October 14 to go to the East-End of London. I wanted to buy some secondhand carpenters tools. I took a sovereign out of my wife's purse and I had about two shillings of my own in my pocket. I was going about all day, out I did not see any tools that I liked. I was walking about the best part of the day, and about half-past six in the evening I met two females in the North End Road, one of whom I knew very well. I have written to her from prison asking her to come here, but I have had no answer. It was one of these women that I gave the grocery to. I went to the Home and Colonial Stores and brought 1/4 lb. of tea 4 1/2 d., 1/2 lb. of margarine 6d. and then went into a public-house and had three drinks, and then into another public-house. then I bought a loaf of bread at another shop. I gave the woman that my friend lodged with eighteenpence. Then I gave the young woman half-a-crown, or rather lent it to her, and I bought a penny packet of cigarettes. I have a little child not very well at home, and I thought I would take some eggs home, so I went into Mr. Gold's shop to buy three eggs. I had no earthly means of knowing that the coin was bad.
Cross-examined by Mr. Wilkinson. I have worked as a carpenter at the Court Theatre. That was two-and-a-half years ago. Since then I have worked at several theatres doing odd jobs. I have worked for Miss Ellen Terry within the last nine months and also for Mr. Tree. I went into the grocer's shop to get the things myself, so that the women would not know how much money I had got, because there is a deal in one of these young women's private affairs between me and my wife; I cannot say what it is. I deny that I threw a coin away on the way to the station; I dropped the coin as soon as the officer caught hold of my arm.
The police gave prisoner a general bad character as an associate of thieves. He has a wife and seven children; he is a cruel husband.
Sentence, Eight months' hard labour.
Mr. Wynne prosecuted.
SAMUEL JACOBS , manager to Walter Percy Abbott, boot maker, 24, Liverpool Street. I saw the window in question safe on the night of October 6, when I shut up. When I came to business the next morning it was broken. The value of the window is £20. I left at half-past eight at night, and arrived at half-past eight the next morning.
Police-constable WILLIAM JENNING, City. On the night of Friday, October 7, I was on duty in Liverpool Street. About a quarter to two in the morning I was in Bishopsgate Street Without. I heard a smashing of glass in the direction of Liverpool Street. I went to Liverpool Street, and prisoner came to me and said, "I have just broken that window over there." I took him back and found that the window of 24, Liverpool Street, occupied by Walter Percy Abbott and Sons, was broken. I said tot prisoner, "What did you do it with?" He said, "I did not do it with my hands." I took him to the station; when charged be made no reply.
THOMAS JACKSON (prisoner, on oath). I left off work on October 6 at half-past seven. I went as far as Tower Bridge to meet a friend, after going home and washing. I was very disappointed at not meeting my friend, and had a few drinks while I was waiting about. I left Tower Bridge just about half-past twelve at closing time. When I was walking down Liverpool Street the constable got hold of me and accused me of breaking the window. Then the constable spoke to two gentlemen who were opposite and asked them if they heard any glass smashing and if I was the man who broke the window. They aid no, they saw nothing whatever. When I went to the court the next morning I was so excited that I did not know what I said. I was asked if I had broken the window, and I said "Yes."
(Friday, November 18.)
Conviotions proved: October 13, 1906, North London Sessions, 22 months' hard labour for larceny; November 24, 1904, Clerkenwell, stealing boots; August 4, 1897, North London Sessions, 18 months, stealing a watch; August 30, 1900, three years' penal servitude and two years' supervision, stealing a locket; March 9, 1903, Clerkenwell, one month and license revoked for stealing; August 23, 1904, North London Sessions, 3 1/2 years' penal servitude, stealing a watch; two
other convictions for assault. Stated to have been at work since his release on April 23, 1910.
Prisoner's employer, John Locke, of 33, Smith Street, Cyrus Street, Clerkenwell, being prepared to give him employment and undertaking to report to the Court on January 10 next, prisoner was released on his own recognisance in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 17.)
LE HAY, Paul Anthony (41, clerk) , pleaded guilty of forging and uttering, knowing the same to be forged, certain receipts for the payment of money, with intent to defraud; forging and uttering, knowing the same to be forged, certain warrants or requests for the payment of money, with intent to defraud; stealing £3 10s., the moneys of the Kensington Distress Committee, his masters.
Mr. Symmons, who appeared for the prosecution, on behalf of the Central Unemployed Body of London, stated that prisoner was employed by the Kensington Distress Committee in December, 1906, to go round and see if the cases of distress were genuine. In 1908 he became clerk to that committee at £2 10s. a week. He succeeded a man who was prosecuted at this Court for absconding with the proceeds of a cheque for £70 belonging to the committee, and who was bound over to come up for judgment if called upon. Prisoner would recollect that. Certain men were appointed as inquiry agents for the committee at 30s. a week. The Central Unemployed Body gave instructions that the salary of these agents must be uniform all over London and that salary must be 35s. a week. Certain men were entitled to several weeks' arrears of 5s. The prisoner, who received this money, should have paid it over to the men, instead of which lie put it into his own pocket and forged the receipts. Prisoner had hitherto borne an excellent character.
Sentence, Three months' imprisonment, second division.
MEAD, James Arthur (42, shoemaker) , pleaded guilty of stealing from a barge on the navigable river Lea, two pairs of boots and other articles, the goods of Edward Golding. Numerous convictions were proved, including one of three years' penal servitude.
Sentence, 12 months' hard labour.
HODGE, Alfred Edward (28, accountant) , pleaded guilty of feloniously uttering, knowing the same to be forged, a certain request to the delivery of goods, with intent to defraud; obtaining by false pretences from Henry Thomas Wilbourne one dozen pairs of trousers and one dozen shirts, the goods of Samuel Hope Morley and others, with intent to defraud; obtaining by false pretences from George Arthur Towell one quarter dozen vests and other articles, the goods of Hine
Parker and Company, Limited, and from George Joseph Howes six shirts, the goods of Harry Jones, in each case with intent to defraud.
Mr. F. W. Morley, who appeared for the prosecution, said the facts were practically the same in all three cases. Prisoner went to ware-houses in the City and obtained the goods by representing that he came from customers who had an account there.
Sentence, Three months' imprisonment, second division, on each indictment, to run concurrently.
HARVIE, Arthur Leonard (32, bank clerk) , unlawfully obtaining on or about December 6, 1899, from the Economic Life Assurance Society, the sum of £1,000 with intent to defraud; unlawfully obtaining on August 8,1901, from the Reversionary Society of Great Britain, Limited, the sum of £195, also with intent to defraud.
Mr. Moresby White prosecuted; Mr. C. F. Gill, K.C., and Mr. Huntly Jenkins defended.
Mr. BRIGHT. My father is ill and cannot attend to give evidence. In 1899 he was a Commissioner for Oaths. This statutory declaration, dated November, 1899, bears his signature, also the signature of Harvie.
ALFRED FINCH , clerk in Central Office, Royal Courts of Justice. I produce Exhibits 18 and 19 which were directed to be held by the Court by Mr. Justice Neville. I have the judgment drawn up by the Registrar. I produce the original letters referred to in the judgment.
Cross-examined. The papers were impounded by the Judge. As far as I know they were not sent to Sir Charles Mathews. I think the case before Mr. Justice Neville lasted three days. He stayed execution with a view to appeal. The appeal has been heard and judgment was reserved. I believe it is to be given to-day.
Mr. HARDY. I acted as solicitor for the Economic Society in 1899 ond the occasion of this loan to prisoner. I have never seen prisoner. I prepared the deed of December 6, 1899. I did not see it executed. It is a mortgage to the defendant from the Economic Society for £1,000. The receipt clause was in its present condition when it cam back to me. We were dealing with an ordinary reversion. The money would not have been advanced without a statutory declaration.
Cross-examined. I never came in contact with Harvie at all. The negotiations were conducted through a Mr. Watson, solicitor.
Mr. OLDFIELD, solicitor, Walbrook, E.C. I am managing director of the Property and Estates Company, Limited. I acted for the company in the 1901 loan of £195. The Reversionary Company of Great Britain lent the money to the defendant. The effect of the contract was that the Reversionary company in 1903 purchased for £195 one-fifth of £250,000 Consols. The statutory declaration was made in order that we might be satisfied that the exercise of the power of appointment to defendant was a good one. The Property and Estates Company were defendants in the Chancery action. Towards
the end of last year came the first intimation to me that there was anything wrong.
Cross-examined. To the best of my knowledge I never saw defendant in connection with the matter. The Reversionary Company still exist. The Property and Estates Company bought a number of reversions from them and they passed a resolution instructing me to prosecute in this case. I am managing director. My firm are its solicitors and they advise me. The papers were not submitted to the Public Prosecutor. I did not know I could do it. I do not do criminal work myself; I do not understand it. I quite understand that I can submit a matter to the Public Prosecutor. We are prosecuting on the advice of counsel. I swore the information. It was a charge of perjury. I believe the summons was served upon the prisoner at the bank where he has been employed 17 years. The matter came before the Lord Mayor, who dismissed the charge. By my own voluntary act I was bound over to prosecute him, one charge being that of obtaining money by false pretences. The Lord Mayor dismissed both charges. Then a bill was preferred against him on a charge of obtaining money by false pretences. I heard that prisoner's father had been represented by a solicitor named Watson. I did not know at the time that Watson was acting for him before 1889. Watson was not the solicitor when we were concerned with Harvie in 1901. The 1899 declaration, I could see, was made by a professional man. I believe there "was an absolute power of appointment of the whole fund to any one, or more than one, child under the marriage settlement. The words in the declaration mean that when the money came into his possession he could apply it to his own use and benefit. He has the right to it under the appointment. All I know about this and what was happening at that time is derived from the letters which have been put in and from the judgment and the evidence given in the civil action. I do not know that Watson obtained this money from the Economic and retained it in his possession for some two months. I have no doubt it is the fact. I remember the letter of February 20, 1901, from prisoner to his father, in which he says, "I am not sending you in a lump sum all of it, because taking your last six or seven years in Bedford it would not last long," etc. "I have given Mr. Watson £86 for you and you had £90 last month. Where has it all gone? £200 and over gone in 12 months." The letter of February 11, 1901, appears to be perfectly genuine:" If this cannot be done the present reversion I hold must be foreclosed, and the balance should keep you from starving as long as it lasts. Perhaps as it all falls to us we shall not miss it in comparison as you require it." I understand Watson became bankrupt in March.
Mr. BERG, solicitor, and partner in Oldfields. I did the legal work after the £195 was advanced. I did not conduct the negotiations. I prepared the two assignments, one for £145 and the other for £50. I sent a cheque for £25 to defendant at the request of his solicitor in advance. He acknowledged that by a letter of June 10, 1901. I
also prepared the statutory declaration of August 1, 1901. We became aware at the end of last year that the appointments were wrong. On March 31, 1910, defendant came to see us. At that time the action in the High Court had started, and I had the documents with me. I called his attention to certain allegations in clause 5 of the statement of claim. I went through the whole thing. He said there had been a bargain between him and his father and that he had handed some of the money over to his father.
Cross-examined. I never saw prisoner before that interview. I do not say he used exactly the words I used. We believed his sisters were perfectly aware of the transactions from the first. The Economic Company's solicitor told me that prisoner never came into contact with that company. We were made defendants in the action of Woodbridge v. Harvie, which was settled by a compromise agreement. Mrs. Harvie had mortgaged her life interest. It has not been: put forward that that agreement settled everything. I knew the negotiations were carried on with Watson. Prisoner did not tell me that, nor that Watson was his father's solicitor and friend.
ARTHUR LEONARD HARVIE (prisoner, on oath). I am in the employ f Parr's Bank. They are cognisant of this case and have been from he first. My father was a solicitor at Bedford. He was addicted to drink and was in pecuniary difficulties for some years. I was very much attached to my mother and was anxious about the position of affairs. Before I was 21 my father wrote me about raising money to pay off some debts. I wrote on March 4 that year to him. I was then under the impression that something should be done which would not involve the other members of the family in any loss. I was then in the employ of the bank. My only feeling was that there was something I could do to help them. When I wrote in the beginning of 1901 that I thought the money might help them and that perhaps the loss would not be so heavy on us all, I thought we might not miss it. The appointment that was made was a matter that was carried through by my father and Mr. Watson. I had no one to advise me and had nothing to do with that at all. I relied on what I was told by Watson. I never came into contact with the Economic Company. Watson carried out the whole transaction. I had no reason to suspect Watson. He was a most respected man at that time. I signed whatever documents he sent. When the declaration came I sent it back to him and drew his attention to the clause that the money was for my own use and benefit; of course I had in my mind that the money was not for me at all; I did not know it was coming through my hands even. I sent it back and asked if I could make it safely; he said I could, that it was my money to do just as I liked with and the declaration was a matter of form—something like that. He received the money two months before it reached me. I did not know that at the time. The day I received it I sent Watson a cheque for £800. It was to be invested so that my father and mother would get it from time to
time. I gave them £65 on March 5, 1900. This if the cheque. This copy account has been made by my employers from the ledgers for this case. Watson became bankrupt in 1901, and it turned out he was connected with a number of fraudulent transactions. He was prosecuted and convicted in 1901. From the time of his bankruptcy to the time of his conviction he was supposed to have invested some money temporarily for me. I had not the slightest idea that I was engaged in any sort of fraud. I did not come into contact with the Reversionary Company. In what I did I relied on what I had been told by Watson originally. In regard to the handling of the money in order to prevent my father getting too much of it I asserted some right over him. I was prepared to sign any document. I heard that Watson's trustee in bankruptcy was putting forward some claim against my father, and my letter of June 22, 1901, suggests that Watson's debt to me should be a set-off of the alleged debt by my father to him. Of the money I got from the Economic I sent my father £44. I remember having an interview with Mr. Berg. He told me he had received a notice from my sisters' solicitor alleging that the appointments made in my favour ten or eleven years ago were bad. I asked him how it was it could be so. He told me my statements were false; I said they could not be; I could stick to them. I could still go on saying I meant what I signed and it was perfectly right. Then he said my sister's solicitors had shown him letters which pointed out that there had been bargaining. I told him there could not have been any bargaining, because my idea of a bargain was for my father to tell me "If you raise the money, give me so much; I will give you so much for doing so." He pointed out what a bargain in the legal term meant. He was the first one that impressed on my mind that I had signed a false declaration. He said my sisters sent him a letter obviously pointing out that there was a bargain. I said I was very, very sorry, and I felt my position very much indeed, and I said it was not as if I could help them in any way. I was exceedingly distressed. I thought I could do absolutely what I liked with the money.
Cross-examined. I could not have understood the effect of the paragraph in the statutory declarations. I was living in London. I signed them in Mr. Bright's office. I probably went there by myself; I could not say for certain. I took nobody's advice in London. I have not got any of Watson's letters; I destroyed them when the bank sent me to their Herne Bay branch in 1902 or 1903. Shortly after 1900 I consulted Mr. Pollock, solicitor. I did not keep £300 out of the proceeds myself; the most I could possibly have had was £157, as is shown by the extract from my account made by the bank. The rest was given to Watson partly for my father and partly for other specific purposes. I cannot say that it was arranged beforehand between my father and myself that he was to have part and I part. I never thought I was going to see any of the money even. I realised that I could refuse to pay part of the £1,000 to my father when the money came through my hands. I do not think I was pressed for money in 1899. I wrote him in February, 1901: "I have just seen a gentleman who is interested in my case and he seems to agree with a new idea of mine." That idea is
explained in the letter. I suggested to my father, "Will you appoint me another £2,000 or £3,000 so that I can write the Economic and ask what they can let me have on it." I did not realise the importance of me declaration. The statement that I had repeatedly told something to many solicitors was a fabrication. My great idea was to keep from my father the giving of an account of the money I had. I had not seen many solicitors. As my letters say" the matter has been declined by two or three solicitors," I must have. I do not recollect doing it. I cannot say from whom the idea of the second loan came. The new idea was to go to the Economic to raise further money. I cannot say if the suggested deed of trust was executed by me. I cannot say what deeds I signed ten years ago. I do not know if the money I sent to Watson to invest was to be invested for myself; I won't admit it was to myself. I did not know my sisters were going to bring an action in the High Court till Mr. Berg told me. I told Mr. Berg I had seen Fowler and Co., my sister's solicitors. They asked me for a statement; I did not know what it was wanted for. I declined to give it because I had signed these two declarations. I have no recollection of Mr. Berg reading to me the document which he has referred to; I have only a recollection of the conversation. He did not ask me if I received the money for my own use. I told him I thought my sister's action was a very bad one, that my declarations were not false, that I could and would stand by them. I may have told him I had given some of the money to my father. I have no recollection of telling him that my father had asked me to give him some before he appointed me to the money. I was distressed that through my innocent action of ten years ago these people stood a chance of losing their money. The moral side of the thing was disgraceful because I had had the money and it had gone to help my father and mother. I did not tell Mr. Berg that one of the solicitors had been through the declaration with me and had a discussion about it. I do not recollect whether or not I went alone on that occasion to the Commissioner.
Verdict, Not guilty.
BEFORE MR. JUSTICE DARLING.
(Friday, November 18.)
Mr. Bodkin, Mr. Leycester, and Mr. Roome prosecuted; Mr. Lawrie defended (at the request of the Court).
ISAAC LEVINSON . I am secretary of the British Society for the Propagation of the Gospel among the Jews, which has a home for aged Hebrew Christians at 43, St. John's Villas, Upper Holloway. Prisoner and his wife entered that home in October, 1907. Prisoner
is a bookbinder, but while at the home he did no work, being disabled by rupture and varicose, veins. In February last Aaron Simon entered the home; his age was about 68. In May I told prisoner that as it seemed impossible for him to live on friendly terms with the other inmates, as he was so quarrelsome, I must request him to leave. A meeting of the inmates was held at which prisoner and Simon were present. Prisoner declared that all the inmates were in a conspiracy against him and were lying. However, it was decided that he should leave, and he left on July 4. We agreed to make him a grant of 8s. 6d. a week for three months.
AMALIE YUNG , matron of the home. On October 27 about 9.45 p.m. prisoner came and asked me "Is Simon in?" I said that he was in bed asleep and I would not disturb him. Next morning I saw Simon in his bed at nine o'clock; he was then perfectly well. at 10.30 prisoner came and asked me, "Is Simon in?" I said, "Yes; shall I show you in?" he said, "All right, don't trouble, I know where his room is." He then went up in the direction of Simon's room. About 11o'clock I saw prisoner running down the front doorsteps.
Cross-examined. When prisoner arrived he was quite cool and collected; there was nothing in his manner to specially attract attention. I saw and heard nothing during the half hour he was in Simon's room.
Police-sergeant KICHARD TURNER, 91 Y. I was in charge of Upper Holloway Police Station on October 28. About 11 a.m. prisoner came in and said, "I wish to give myself up for killing a man at 43, St. John's Villas." Producing a large two-edged knife he said, "This is what I did it with." The knife was wet with blood.
Police-constable JOHN RICH, 66 Y. I was sent for by the last witness to 43, St. John's Villas. In a room on the first-floor back I saw the dead body of Simon. There were signs of a struggle in the room; the coal-pail was knocked over and the water jug; the bed had apparently been pushed on one side.
PATRICK WHITE RATTRAY , Divisional Surgeon. I was called to the house just after 11 a.m. on October 28 and saw the dead body of Simon; I think he must have just died. There were four wounds in the neck and four on the lift side of the chest, just over the area of the heart. The principal wound on the neck was on the right side, just at the back of the neck; it was a very deep wound, and had cut through all the muscles and tissues of the neck and opened the deep jugular vein. Another wound was in the middle line of the neck, just below the larynx, cutting through all the tissues right down to the spinal column. The wounds in the chest were stab wounds; three of them were serious. All the wounds were such as might have been caused by the knife produced; considerable force would have been required. There were minor wounds on the hands, such as might have been caused by a struggle for possession of the knife. On examining prisoner I found similar cuts on his hands.
Cross-examined. I think the wound in the heart was inflicted just as the man was dying or after he was dead.
Police-constable JOSEPH SILVER, 73 Y. I had charge of prisoner after he had surrendered himself. He said to me, "Simon said I was a hypocrite; if he had only withdrawn the words I should not have done it "; he then commenced crying and sobbing.
Detective-inspector ARTHUR NEIL, Y Division. At 12.45 p.m. on October 28 I saw prisoner at the station and told him that I should charge him with the murder of Simon by stabbing him with this knife, producing same. He was about to say something, when I stopped him and cautioned him. He said, "Yes, I know. I did it. I would like to tell you all about it and how it happened." I again cautioned him. He then made a statement, which was written down, read over to, and signed by him.
The statement was read. In it prisoner said: "I bought the knife a few weeks before I left the home. I had it ground as it now is about four weeks ago, about a week before I left Myddleton Street, at the time the society told me they could not help me any more; I had it done for the purpose of using it on the deceased if he would not withdraw his words. I went to Simon and argued the question with him, telling him that if he would withdraw the lies he had told about me he might get me re-admitted into the home. He told me he could not withdraw what he had said, whether it was lies or truth. I then stabbed him in the neck and about the chest, and h fell to the floor; to make sure of his death I stabbed him two or three more times as he was on the floor."
LOUISA EDMONDS , who was matron of the home for some time before Yung, was called by the prosecution at the request of Mr. Lawrie. She said she had known prisoner all the time he was in the home down to October 13 last, he was always a respectable and well-behaved man; he was giving to arguing, particularly with Simon, but was not a quarrelsome-man.
No evidence was called for the defence.
Verdict, Guilty of wilful murder, "with a recommendation to mercy."
BEFORE THE RECORDER.
(Friday, November 18.)
YOUNG, James (57, dealer) , breaking and entering the dwelling-house of John McKane with intent to steal therein and feloniously wounding the said John McKane with intent to resist his lawful apprehension.
Prisoner pleaded guilty to the first indictment and of assaulting with intent to resist his lawful apprehension, which pleas were accepted by the prosecution.
An indictment of prisoner as a habitual criminal was not proceeded with, the Recorder stating that the offences of which prisoner had pleaded guilty did not justify his passing sentence of penal servitude.
Sentence, 12 months' hard labour.
Detective WILLIAM WOOD, J Division, proved a conviction for an aggravated assault on the same person, prisoner's wife (he had tried to pull her tongue out), on June 15, 1909, at the North London Police Court, when he received three months' hard labour, and five further convictions, four of them for being drunk and disorderly and one for larceny. In September, 1909, prosecutrix obtained an order of separation from him. He was stated to be a man of drunken and filthy habits and to have a violent temper. Medical evidence was called as to injuries sustained by prosecutrix on the present charge.
Sentence, Five years' penal servitude.
Detective-sergeant ALBERT SHARP, N Division, stated that prisoner, when a young man, had been sent by Sir Edward Clarke, his employer, to Australia, to endeavour to redeem him from his drunken habits, but he had returned to this country. He had left his wife 12 or 13 years, and Mrs. Collins, a widow, had been given reason to suppose that her marriage with prisoner was legal.
Sentence, Six months' hard labour.
EDWARD TONER , labourer, 6, Radnor Street, Kentish Town. About 12.20 a.m. on November 2 I went to a common lodging-house in Howard Street, Kentish Town, for a bed. I gave the deputy a half-sovereign and he gave me 9s. 6d. in change. I went out and bough a pint of ale which I brought in. I sat down in the kitchen and was having my supper, when prisoner and another man walked in. Prisoner took up my can of ale and handed it to the other man, but he refused to drink. I told him if he drank it he would have to pay for some more. He came over to my side and struck me a severe blow on the left side of the jaw, knocking me on the floor and smashing two of my teeth. He then jumped on my stomach. He put his right hand into my left-hand trouser pocket and took out my purse containing 9s. 3d. I got up to protect myself and he struck me on the temple and again jumped on my stomach, causing me great pain. I am still feeling the effects of the violence; food makes me vomit. I shouted, "Murder!" and "Help!" and the deputy came down. I told him what had happened. Prisoner and his friend ran away. Two days afterwards I identified him at the police-station.
Cross-examined by prisoner. When you came down I was not singing and dancing with three or four others and I did not spill some beer over you. I have never said you knocked me insensible.
GEORGE SIMPSON . On the morning of November 2 I was acting as Assistant deputy at the common lodging-house at 104, Howard Street. I have known prisoner to come there occasionally. About 12.45 prosecutor came in with a can of beer and sat down. Prisoner, who came in with a lad, drank from it. Prosecutor asked him if he was going to pay for some more and prisoner struck him on the left side of the face and in the stomach. There was some wrestling and they fell to the floor twice. When they got up the second time prisoner ran away. Prosecutor showed me his pocket, which was torn. I did not see prisoner bring in any ale nor did I see prosecutor spill any beer over him. I identified prisoner two days after.
To Prisoner. I was there all the time you were fighting. It must have been a foul fight, because he offered no resistance; you could not call it a fight really.
Dr. THOMAS MARSHALL, divisional surgeon, Y Division. At 9 p.m. on November 4 I was called to see prosecutor. There was a very recent scar on the inside of his mouth caused by the cheek being forced against the teeth, and there was one tooth in the upper jaw out and one badly broken. Such injuries could only have been caused by a violent blow with the fist. He complained also of a blow on the forehead, and I saw a little swelling there. He did not mention any injury to his stomach; he ought to have done so.
ADOLPHUS WILLIAM LANE , deputy at the common lodging-house, 104, Howard Street, Kentish Town. About 12.30 a.m. on November 2 prisoner, whom I know well, came in. I asked him to go out, but he refused. Previously to this prosecutor had come in, paid 6d. for a bed, tendering half a sovereign, from which I gave him the change; he then went out, returning with a can of beer at 12.30 a.m. he went down in the kitchen. Prisoner then came in and went down there. He afterwards ran out, and I ran after him with a hammer.
To Prisoner. You went down to the kitchen at about 12.45 a.m.
Police-constable ARTHUR PINNOCK, Y Division. On November 2 I took statements from prosecutor and (Simpson. At 5 p.m. on November 4, at the Caledonian Road Police Station, I explained to prisoner the evidence I had received, and he said, "I had some of his beer, but I did not have his money. What is the charge going to be? I have been told it is highway robbery with violence." I told him the charge would be for assaulting prosecutor and stealing 9s. 3d. from him. I took him to Kentish Town Police Station. On the way he said, "You know this might mean the 'nickers' (penal servitude) for me." He was identified by prosecutor and the deputy without hesitation. On being charged he turned to prosecutor and aid, "Did you spend your money in drink, or did I have it?" Prosecutor made no reply.
Prosecutor spilt some beer over me, whether accidentally or not I do not know, and I asked him to apologise. He would not, and we had a fair stand-up fight.
Prisoner confessed to a previous conviction of felony on May 17, 1910, at Marylebone Police Court.
HARRY BARLOW (warder, Pentonville Prison) proved this conviction and the following: November, 1896, Marylebone Police Court, bound over for larceny; September, 1897, same court, three months as a rogue and vagabond; July, 1901, North London Sessions, 21 months, possession of housebreaking implements; and five further convictions in 1906, 1907, and 1909, all for assaults on the police and private persons.
ARTHUR PINNOCK (recalled) stated that he had known prisoner since he was 17; that he had served in the Army from 1903 to 1906, leaving with a good character; that he was noted for his violence, and that he in the majority of cases struck his victims in the stomach.
Sentence, 20 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, November 18.)
THEOBALD John Daseley (53, optician) , obtaining: by false pretences from Thomas Bartholomew Smith 5s., from Benjamin William Rogers 5s., from John Cuthbert Palk 5s., from Leonard Johannsen Van Tiffelen 5s., from Mary Harrington 5s. and 2s. 3d., and from James Chick 5s. and 2s. 3d., in each case with intent to defraud.
Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted. Mr. Curtis Bennett and Mr. Eustace Fulton defended.
THOMAS BARTHOLOMEW SMITH , Sirdar Road, Wood Green. I was at one time a bookbinder, have been 25 years a draper's assistant and am now out of employment. In July, 1910, I answered advertisement in the "Daily Mail": "£2 weekly and upwards easily earned at home by transferring pictures. All materials provided. Full particulars from the Nathomas Company, 10 Staines Road, Hounslow," and received circular produced from "The National Home Employment Association, Albemarle Works, 10, Staines Road, Hounslow," stating that 30s. to £5 per week could be earned by making magic lantern slides by pasting transfers on to glass hinding the glasses together etc.; that 5s. was to be sent for the vaule of the materials, which would be returned on the work being done, stating that young ladies of 18 to 19 were earning 20s. to 30s. a week, that old people of 60 to 70 and children of 14 to 15 and other persons were doing it in their spare time; that others were making the slides and selling them at a good profit; that the Association had a very large trade and had been in the business for 35 years; that the work was perfectly simple and could be done by anyone using ordinary care; and that a payment of 2d. per dozen slides
would be made. I then called at 10, Staines Road, asked for the managing director and saw Miss Woods, signed the circular, paid 5s., And received box containing three dozen glass plates, binding, glue, and three dozen transfers together with six additional glass plates for experiment and one finished slide, also circular giving instructions how the work was to be done. I then completed the three dozen slides; it took me about a week, working three or four hours a day. On July 15 I sent the slides by Pickford's to Staines Road, paying the carriage, 4d., and wrote asking for the return of my 5s. and to be supplied with materials for making 100 dozen slides. I then received printed imitation typewritten letter stating that 19 of my 36 slides were defective, that they would be charged for at 1d. each; or by paying 2s. 3d. I could have 36 more transfers and try again. I wrote protesting that the slides were not defective, although the work might be a little rough and that the circular had stated they would not be rejected on that ground. Plates were afterwards returned to me (produced); they are not defective.
Cross-examined. Having received the green circular I went to the works to ask if I could have plenty of work and to confirm the whole thing. I saw the box of materials and paid my 5s. I did not expect to be paid if the transfers were torn. Some of my slides (produced) have no film on the glass in the white places; they are slightly imperfect, but not torn.
Sergeant THOMAS HALL, T Division. On Monday last I bought at Gamages three sets of slides produced: "Handy Andy"; "Fine Art Gallery—Comic "; "Swiss Family Robinson" (Extracts 28, 29, and 30.)
MARY HARRINGTON , domestic servant. On May 2, 1910, I was out of employment living with my parents at Waverley Road, Kennington, when I answered advertisement of the National Home Employment Association offering work at which 30s. to £5 a week could be earned, received green. circular, saw Miss Woods at 10, Staines Road, paid 5s. deposit and received box of materials. I spent about six hours in making three dozen slides and forwarded them to the factory, when I received typewritten circular stating that 25 were defective and that I could have three dozen transfers to try again by sending 2s. 3d., which I sent by postal order. I again did the slides and was informed that they were perfect and that I could have 60 dozen further slides to do. I received the materials and spent six weeks working for two or three hours a day for two or three days a week in doing the slides. I then forwarded them by Carter Paterson to Staines Road, paying 1s. carriage. I received no reply, called twice at that works, and in July got a letter stating that 119 were spoilt, for which I should be charged 1d. each and that there was 3d. due to me. I made no further application, have received no payment, and am 11s. 3d. out of pocket. I did the work as carefully as I could. Sample of my slides produced has minute holes; some of them are not perfect; the bulk of them were perfectly done.
Cross-examined. I saw Miss Woods at the works, understood what the work was, and do not say I was entitled to anything for the first three dozen, nor complain of having to pay 2s. 3d. for the further transfers. I also agreed to pay 1d. each for the spoilt slides.
LEONARD JOHANNSEN VAN TIFFELEN , Lisson Grove, Marylebone, decorative painter. I replied to advertisement, paid 5s., received box of materials, completed the first three dozen slides in about ten or 12 hours, and forwarded them to Staines Road, when I received typewritten circular stating that 12 were defective. I paid 1s. for carriage and have received no return of my 5s. I do not say my slides were not defective.
Cross-examined. The slides were returned to me at my own request.
Re-examined. On examining my slides I can only find one defective. (The slides were examined by the Jury.)
EDWARD BERNARD ASHBY , accountant at Barclay's Bank, Hounslow. Prisoner has an account at my bank in the name of J. Theobald and Co., which he alone draws on. I produce certified extract showing total credits from October 1, 1909, to October 13, 1910, of £6,143 0s. 8d., of which £1,028 2s. 2d. was paid in postal and money orders.
Cross-examined. The postal orders were for 20s., 10s., 5s., and as low as 6d. The account has been a substantial one and extends back ten or 11 years.
(Saturday, November 19.)
BENJAMIN WILLIAM ROGERS , Enfield Lock, colporteur of bibles and Christian literature. On August 18 I answered prisoner's advertisement, received green circular, sent postal order for 5s., and received box of materials and directions for making three dozen slides, which I did in about ten hours' work. I forwarded them to Staines Road and received typed circular stating that 20 were defective and suggesting that I should send a further 2s. 3d. to try again. I wrote stating that the materials sent were not worth 5s. and demanding the balance. So far as I know, except a small scratch in one of the slides, my work was good. I received no reply to my letter.
Cross-examined. (Witness's slides were produced to him and he Denied they were defective same examined by the jury.)
JOHN CUTHBERT PALK , Peckham, clerk. On September 1 I was out of employment, answered prisoner's advertisement, and paid 5s. deposit for box of materials for making three dozen slides, which I finished in about 12 or 13 hours' actual work and sent to Staines Road. I received typed circular stating that 22 were defective. I then wrote to have the slides returned to me, which was done. (Produced.) One of them is slightly scratched; and that is the only defect I observe.
JAMES ALFRED CHICK , Westbourne Park, grocer's assistant. In August, 1910, I answered prisoner's advertisement, received green circular, and sent 5s. and received box of materials for making three dozen slides, which I made in 12 or 14 hours' actual work, and sent to Staines Road, paying 8d. carriage. I was then informed by typed
circular that 11 were defective and forwarded 2s. 3d. more for three more sets of transfers; I made the slides and was then informed that 19 were defective. I then wrote for the return of my money and received a reply stating that as the work was spoilt I was entitled to nothing.
Cross-examined. I knew that if the transfers were torn I was not entitled to be paid. I said at the police court, "If I had known what I do now I should not be here."
Re-examined. I said that after three of the slides were shown to me which were stated to be bad: in some of the white parts the film had not come off. I followed the instructions as well as I could and did not consider the slides to be bad.
ETHEL FRANCIS WOODS . I have been employed by prisoner for the last three years; he carries on business under the name of J. Theobald and Co. I am head of the wholesale department where about 20 girls are employed. Lantern slides were made on the premises and by home workers. I used to examine the lots of three dozen that were sent in and kept a record in the slide-book (produced) which is complete except that when three dozen were brought in by hand they might not be entered. The green circular and the white paper of instructions have been in use since March, 1908. They were printed by Page and Thomas. About May, 1908, the type-written circular was introduced. The latter was sent out by a typist.
(Monday, November 21.)
ETHEL FRANCIS WOODS , recalled. I cannot give the names of any young ladies of 18 or 19 who earned 20s. to 30s. a week doing slides in their spare time. Miss York has done them for about a year. I know no one 60 or 70 years old or girls of 14 or 15 who do it. Mrs. Hirons and Miss Newton do the work at home. Prisoner instructed me to examine the slides. He told me I was not to accept any with holes in them. (Similar slides made by Smith and bought from Gamages were put to the witness, who stated that she would reject both as having holes.) I have made one and a half dozen slides; I found the work simple and my slides were perfect except that one had a small hole in it. Thousands of people sent in defective slides. I went through slide-book with Inspector Knell and pointed out only six persons whose slides had been accepted. They were "Miss York, Granville terrace, Turnham Green"; "Mr. Rickson, East Moors, Cardiff, sent in two dozen right"; "Gill am, 55, Burnside Crescent, Jamestown, Dumbartonshire—kept as good"—that is what the prisoner told me—to keep them as good. I always had prisoner's instructions before the slides were accepted; "Major, Lordship Lane, Tottenham, good"; "Miss Ireland, 17, Grosvenor Road, Twickenham, three dozen right"; "3rd August, 1910: Watson, 42, Dimmsdale Road, West Hill Park, Blackheath, 36 right"; "August 12, Russell, 4. King's Road, Kingston 36 slides, two sets right"; "Mrs. Harvey, Cromwell Road, Hounslow, 36 right"; "Miss Harris, Cedar Road, Teddington, right." Those are all the names I could point out to Inspector Knell as right.
The rejected slides were kept for about a fortnight. The typewritten circular was forwarded so that the maker of the slides could have them back if he wished. Those not returned were brought down, the transfers washed off the defective ones and the sets completed with well-made slides. There is a list covering two pages showing the people to whom the slides were returned.
Cross-examined. The 20 girls are employed making many other articles besides slides, such as photographic apparatus. Prisoner supplies Gamages, Benetfink, the Army and Navy Stores, Whiteleys, and many other firms with goods. The price charged for slides made by the home workers is a shilling a set; job lots are sold at 6d. a set. Four girls were employed in making slides. About 60 persons had their slides returned from September, 1909, to October, 1910; others having paid the 5s. kept the slides for themselves. The slide book does not contain the names of all the people who did the work satisfactorily; it is only a record of the bad slides. A book was kept showing the deliveries of carriers which I have not got.
AGNES PATTEN . I have been employed by prisoner for five months as typist. A copy of the green circular was sent by me to anyone who answered the advertisement for home employment. About a hundred were sent daily. They were prepared to be addressed in large quantities. After the slides had been returned I sent the printed typed circular, filling up the blank with the number of defective slides—about 20 a day were sent out. I posted the ledger from the day book. I also kept a record of all those to whom materials were sent and entered in a red book the names—of those to whom the deposit was returned. I do not known where that is; I last saw it two months ago. I do not known where the ledger is. The day book is in the office at Hounslow.
LILLIE SMITH . I have been employed by prisoner for ten or eleven years in the factory at Hounslow making magic lantern slides. There were sometimes 18 to 20 girls, and there are now 12. I made mostly square slides, 3 1/4 by 3 1/4, such as are forwarded for home employment. I was paid 1 1/2 d. a dozen and have earned about 15s. a week. I also did stereoscopic slides and black plate slides for political purposes. It took me about a week to learn how to make slides properly. The returned slides were brought down about twice a month and the defective ones made good by me and other girls. Wages book (produced) shows accurately the wages paid.
Cross-examined. There are about 20 people employed at the factory altogether; prisoner has a large business outside the home employment. I have always been employed in the shed. I have made 68 dozen slides in two days, for which I get 8s. 6d.
JOHN JAMES SMITH , Finsbury Park, glass cutter. Since August, 1910, I have supplied prisoner with glasses 3 1/4 by 3 1/4 to the amount of 20 gross. I was to supply him with 100 gross a week, at the price of 6d. per gross.
Cross-examined. For a single gross or a small quantity I should charge 9d. per gross.
RUSSELL SMART , Chancery Lane, advertising agent. In March, 1909, prisoner applied to me to undertake his advertising, and I inserted a number of advertisements for the National Home Employment Association in the "English Mechanic" "Lloyd's," "The People," "Daily Mirror," "Liverpool Weekly Post," "Glasgow Mail," "Western Gazette," and other magazines for about two months at an entire cost of £22 15s. I inserted them in about 100 different papers (town and country) at my discretion.
Cross-examined. Before advertising for the prisoner I asked to letters of recommendation, and he handed me a number of letters (produced) from persons who had done the work and expressed satisfaction with it. They are dated in April or May, 1909.
ARTHUR CONARD COOMBS , clerk to H. A. Coombs, wholesale stationer, Farringdon Avenue. I have supplied prisoner with brushes such as are sent out in the box of materials at 6s. per gross since February, 1907. I have supplied about 40 gross altogether.
Detective-inspector FRANK KNELL, T Division. On October 10 I went to 10, Staines Road, Hounslow, and saw the defendant. I read the warrant to him, which was for conspiracy. He said, "Will you read the warrant again? I do not quite know the names of the persons complaining." I said, "There is only one complainant in the warrant—Smith." Prisoner said, "Oh, I understand. Can I have bail?" He was afterwards charged, and made no reply. With the assistance of Sergeant Hall and other officers I searched the premises and found slide book (produced), which I went through with Miss Woods to try to identify the cases in which the slides were entered as all three dozen being correct. She mentioned six—York, Major, Ireland, Watson, Russell, and Harris. I have visited Miss Hirons but could get no statement from her. Watson and Harris are here. I was not able to find York or Major at the addresses given.
Cross-examined. I do not say fictitious addresses were given for York and Major.
Detective-sergeant THOMAS HALL, T Division. I assisted in searching premises at 10, Staines Road. I found 2,233 green circulars with names and addresses filled in showing that 5s. had been paid on each, which would amount to £558 5s. I found 400 imitation typewritten and 1,200 green circulars unused. The green circular bears the names of the printers, Page and Thomas. I found 12 copies of the four-page circular of directions in prisoner's desk, also nine postal orders of 5s., four of 2s. 3d., and a cheque for 10s. drawn on William Taylor. I also found order book; invoice book for goods sent out showing the price of slides to be 1s. per dozen, also containing invoices for other goods. Slide book—from September 30, 1909, to September 30, 1910; it contains 2,543 names and addresses of persons to whom box of materials had been sent and entries showing whether the slides were returned properly made, and where they were wrong, the number of slides defective. There are only seven cases in which they are stated to be correct. There were two books called ledgers, one was dated 1880 and was in the name of another firm; the other had been used for shorthand writing. On the first floor I found
a tin box with 74 typewritten circulars filled of showing that 2s. 3d. had been sent with each, dated July, August, and September; also 69 letters ordering materials for various amounts; also the book produced containing 2,326 names and addresses of persons to whom apparently boxes of materials had been sent. There were 100 circular of directions. On the top floor I found 400 boxes each containing three dozen slides, and each having attached a piece of paper with a number and a name; they were in a dirty and untidy state. All the rooms had something in; but there was plenty of spare room. I found the wages book showing the wages paid from November, 1908. Miss Smith's weekly wages are shown as £1 6s., 13s. 7 1/2 d., 13s. 2d., 14s. 7d., 15s., etc.; Miss Goodyear 9s., and a number of others 3s. 6d., 4s. 4d., 3s., 2s. 6d., 6s.; Brinkwaite 18s. With the exception of the seven entries in the slide book pointed out by Woods I have found nowhere entries of people who had made their slides properly.
Cross-examined. The 400 boxes of slides looked as if they had been there some time. The 2,233 green circulars extend over six months from April to the end of September; the 74 typewritten circulars are all in August and September, 1910, except two in July. The invoice book shows considerable business with a number of firms. There are invoices of £20 to Gamages. Business was done in cameras, bellows, boxes, glass jars, and tubes and other articles. I also found some catalogues of Theobald and Go. containing a great number of articles.
(Tuesday, November 22.)
GRACE LILIAN COX , 16, Cronshaw Road, West Baling. From June, 1909, to September, 1910, I was employed by prisoner as a shorthand typist and book-keeper. I used to help to address the green circulars. We sent out upwards of 20 a day. When the slides were returned we formerly sent out a printed circular stating the number of defective slides. This was afterwards altered into a printed typed circular. Prisoner stated that it was altered because people complained of the printed form as showing that it was made up beforehand. I kept the invoice book for goods sold, the ledger and day book, also a book showing people who had slides for home employment in quantities of 60 dozen. There are about 60 names, amongst which I remember Rowe, Miss York, Mrs. Hyrons, Russell, and Gillam as having had their deposit back. Other people who called personally received their deposit from Miss Woods. The letters that came from people who paid the 5s. deposit were counted up into hundreds and sold to Winduss and Co., of Hamburg. The letter I wrote to prisoner was included with those; I afterwards received a circular about a lottery.
Cross-examined. There was considerable business done in photographic implements, mechanical toys, etc. The names of people who called at the works and received their 5s. were not entered. I do not remember anyone except those I have mentioned who received payment for work. Some who returned the materials had other goods
to the value of 4s. in exchange. Receipts were taken by Miss Woods, and myself of moneys paid.
Re-examined. Only a few receipts were made out for moneys returned; I wrote receipts for about 20 altogether.
CHRISTOPHER GARNER , buyer to W. Butcher and Son, Farringdon Avenue, photographic manufacturers. We have supplied rollers like that produced to J. Theobald and Co., at 4s. per doz. up to April, 1910, when owing to the rise in rubber the price was increased to 5s. per doz. We manufacture slides like that produced. The transfers are mostly made in Germany; original cost of drawing, copyright, and putting on the stone 30s. to £2 per picture and for printing £37 for 1,000 sheets of 88 pictures each. The average cost of such transfers as are used by prisoner for home employment would be 1 1/8 d. per sheet of 12 pictures. We employ girls to make lantern slides; they take three or four weeks to learn and then working from nine to six earn 9s. to 11s. per week; we have never paid over 12s.; the work is paid for at 1s. 2d. per gross. Smith's slides (produced) are very well executed for a beginner. In places where the "high lights" occur, i.e., where the colour is white, owing to their being only one printing, the film is torn away, the pigment being very thin. They are very good indeed for a worker of no previous experience. The finished slide produced is made from a superior transfer. The better the transfer the easier to make the slide perfect. The slides made by Smith would not be sent out by my factory because they are not perfect. We do not sell job lots.
Cross-examined. The retail price of the roller would be 7d. I have had no practical experience in making slides. Our sheets contain 88 pictures, the cost of which at £2 each would be £176; for a thousand we should pay £37 for printing; you may have to pay 5s. or 10s. each for a copyright picture; the drawing might be 2s. additional per picture; for the first thousand sheets that would amount to £223. For Cruickshank's pictures of Bar dell and Pickwick we should not pay anything. At £223 for the first thousand sheets of 88 pictures each it would work out at about 7d. per set of a dozen transfers; for further orders it would be 1 1/8 d. per cent. I estimate the cost of the box of materials supplied at 1s. 6d. On your calculation it would be 3s.
HENRY GEORGE , manager, photographic department, Gamage's, High Holborn. I have had 13 years' experience and am now buyer for the photographic department. We sell slides such as are produced by Home Employment by prisoner at 1s. 4 1/2 d. a doz. or job lots at 9 1/2 d. a doz. We buy them from the prisoner at 1s. a doz. or 6d. for job lots. The series of "Handy Andy," "Swiss Family Robinson," and "The Comic Set" (produced) have been on sale as long as I can remember—for 10 or 12 years.
Cross-examined. I cannot swear to the identical pictures as being the same; similar pictures have been sold for a great many years. We are always buying lantern slides in October and November for the Christmas trade. We have bought large quantities from prisoner; he has not been able to supply us with as many as we wanted; we have also bought other photographic articles from him for a great many years.
Re-examined. We bought 300 or 400 dozen slides from prisoner as job lots at the beginning of 1910.
ARTHUR EDWARD STONE , clerk to Calder and Co., 83, St. Paul's Churchyard, transfer dealers, in 1903 and 1904 we sold transfers to prisoner at 6 1/2 d. per sheet of 72 pictures with an additional charge for the litho of in one case 28s. and in another case 34s. per picture. We supplied about 9,000 dozen. On October 5,1903, we supplied 150 sheets of 72 pictures at 6 1/2 d. per sheet with an additional charge of £13 for reducing the size of the picture; that works out to 5d. a dozen pictures.
Cross-examined. On June 27, 1910, my firm wrote letter produced quoting for pictures 2 3/4 in. by 2 3/4 n. at 1s. 1d. for two dozen.
PERCY LEONARD RUSSELL , 54, King's Road, Kingston, mechanical engineer. In July, 1910, I answered prisoner's advertisement, received green circular, forwarded P.O. for 5s. and received box of materials. I made the three dozen slides during the evenings of a week, forwarded them to Staines Road, was informed that they were not properly done and received three sets of transfers with which I did the slides over again and sent them in. I then received a letter offering to send 60 dozen slides to do if I would leave my 5s. as security. I agreed to that and started working on the 60 dozen, spent a week on them, but have not finished them. I have paid some 7s. or 8s. but have not succeeded in earning any money.
Cross-examined. I am not certain whether I sent further money for the second three dozen transfers. I have not returned the 60 dozen and have not asked for my money back.
ROSINA VIOLET WATSON , Westbourne Park. I live at home with my parents. In June, 1910,1 answered prisoner's advertisement; received green circular, forwarded 5s. and completed the three dozen slides, when I was informed that nine were defective. I sent another 2s. 3d. for further transfers and again did the three dozen. After repeated applications I was informed that the slides were right and had 60 dozen sent to me, which I completed and forwarded in September. On applying for payment I received an account stating that 158 of the slides had large holes in them and therefore I owed prisoner's firm 2s. 3d. My father replied saying that he doubted the firm's bona fides. I never got my deposit back or received any payment for the work done.
CHARLES JOHN HARVEY , 189, Cromwell Road, Hounslow, motor engineer. In July, 1910, being out of employment, I answered prisoner's advertisement, visited his factory, and saw a young woman who showed me how to make one slide as an experiment. I then paid 5s., received a box of materials, made the three dozen slides in about three days, and took them to Staines Road. I called again when I was told that 18 were defective and was offered three dozen transfers for 2s. 3d. I said I could not afford it and was then given the three dozen without payment. I made the slides again, took them to Staines Road, called again and saw the prisoner, who told me I could have another 12 dozen either by leaving my 5s. deposit or by giving three references. I said I would have my 5s. back. Miss Woods then returned me.
2s. 5d. I forwarded three references and I beard no more from the Home Employment Association and have had nothing more to do with them. I am out of pocket 2s. 7d.
JOHN DAZELEY THEOBALD (prisoner, on oath). I carry on business at 10, Staines Road, Hounslow, as J. Theobald and Co., manufacturers and importers of photographic apparatus. I deal also in magic lantern slides of various kinds. I have been for 11 years at that address and had previously been for six years at Farringdon Road. I have a turnover of from £5,000 to £6,000 a year, apart from the Home Employment, and have been for 20 years supplying Gamages, Spiers and Pond, the Army and Navy Stores, and other large firms. For some years I have made magic lantern slides; I found the demand greater than I could do on my premises, and about three years ago I started a system of Home Employment, at first without charging a deposit. I found many people took the boxes and did not return them and in consequence made it a rule to charge 5s. deposit. The box of materials sent out costs: glass, 5d.; three and a half dozen transfers at 7d.—2s. 0 1/2 d.; brush, 1/2 d., roller, 5d.; glue and binding, 1d., post-age in London, 3d., or outside London, 7d.; leaving a profit of about 5d. on the box without the cost of advertisement. I at first spent about 10s. to 15s. a month in advertisements, which gradually increased to about £10 per month and reached about £40 a month in June, July, and August, 1910. I found a great many people used to make the slides and sell them privately at a good profit for themselves. We received upwards of 2,500 applications during the last 12 months; about 500 persons worked on the slides during the year. We employed a number of girls to do it at the works who did them quite such successfully, and there was no reason why persons outside should not be able to do them also. We have sold 6,000 sets during the year, about a thousand of which were sold as job sets. When people brought the three dozen back properly done, they were immediately paid 4s. 3d., being the return of their deposit less 9d. for the roller which they kept, and 6d. for three dozen slides. Those payments were not generally entered in a book but receipts were taken by Miss Woods. A large number of persons having made the slides kept them for themselves. We kept about 20 girls, who were largely employed on other work, but many of whom did the slides. Many of the postal orders paid into the bank were sums of 20s. and 10s. received from country orders; a customer named Hackett of Liverpool has paid me at one time as much as £40 in postal orders. I do not keep an account of cash sales. I first used the green circular in 1908. The early advertisements were in the name of "Nathomas," which is an abbreviation of "National Home Employment Association." I am quite sure it is possible for a person to earn more than 30s. a week at this work, and with children who could do the binding two or three times as much could be earned. I am certain the work is simple to people who are reasonably careful
to carry out the instructions given, and that the statements in the circulars are true. I have workers who can put on nine dozen transfers in an hour. It is correct to say that 5s. covers the value of the materials. I do not know that at present we have persons of 60 or 70 doing the work, but Laing of Teddington and Smith of Uxbridge were upwards of 70 and were doing it. Girls of 14 and 15 are doing the work in my factory. Miss Goodyear and Miss Smith had been doing it for nine or ten years. A number of people visited the works and the process was fully explained to them before they took the box of materials. Smith of Uxbridge frequently bought slides ready made which he sold, besides those which he made himself. In the four-page circular of directions a complete explanation is given of the process. Two thousand of the printed typewritten circular were ordered, as it explained the defects in the majority of the cases and it was simpler to write a special letter in each case, the blank with the number of defective slides being filled in. The book showing the rejected slides was kept by Miss Woods under my instructions. Miss Patten sent out the green circulars to the names and addresses entered in the book. We are obliged to make a charge of 1d. each for defective slides, as in order to make up the sets a fresh sheet of transfers had to be cut into; the sheet costing 7d., a 1d. a slide did not pay the cost.
(Wednesday, November 25.)
Cross-examined. I have been trading under the name of J. Theobald and Co. at Staines Road for 11 years. I used the name of the National Home Employment Association in order to keep that part of the business distinct. I commenced it in September, 1907. Seeing Page and Thomas's bill (produced) for home employment circulars in September, 1906, I must have commenced at that time. Sergeant Hailstone has called on me during the four years, perhaps a dozen times, and informed me the police had complaints from people for not having received the goods—not that they wanted their deposit back. I continued to carry the system on. my object in doing it was to supply a demand. I have sold in one year 6,000 or 7,000 dozen slides. About 4,000 dozen were made at the factory and about 2,000 by home workers; I could have sold 10,000 or 12,000. My advertising expenses in the third quarter of 1910 increased enormously. I had about 22 permanent home workers; only two or three gave their whole time to it—they earned 30s. to 32s. a week for good slides at 2d. a dozen, paying Id. each for defective ones. During the first half of 1910 I permanently employed Miss York, Mrs. Newton, Rowe, and Newman; they earned 30s. to 32s. for a full week's work—their actual earnings were about 8s., 10s., or 12s.; that would result in 250 to 300 dozen a week. I had an average of about 30 or 40 home workers—I could not say how many because Miss Woods had the management of it; she could tell you how much they earned; I never knew and never inquired. I have had as many as 20 girls
making slides of 14 different kinds; later I could not employ so many as the roof of the shed was defective. I account for the fact that, out of 2,543 persons sending in lots of three dozen slides, all but seven were failures, by their being wilfully careless. Miss Watson must have been wilfully careless. In my opinion a person of ordinary intelligence could complete four dozen slides in an hour after a week or ten days' practise. In saying, "We have some people who began it eight years ago," I did not mean home work. Smith and Goodyear have worked at the factory for that time. Smith earns about 15s. a week and Goodyear about 9s. I consider the statements in the green circular to be true. Several workers earn 20s. a week all the year round—Miss Rowe, Miss York, and Miss Howe; those three on that calculation would do 18,000 dozen a year. My entire output is 6,000 dozen a year; we can and do sell as many as we can get; we have never had enough for our orders. In saying that a quick person "can put on" eight or nine dozen an hour, I do not mean complete the slide; that would be for the one person 17,600 a year: I am sure we could get them. I do not keep a cash book; the only record of payments made is the receipts. The bank pass-book will show the amount sent to home workers. (The whole of the cheques paid for home work were pointed out.) If I return the deposit the first three dozen costs 3s. 7d.; I sell them to Gamages for 3s.—a loss of 7d. It is out of the quantities of 60 dozen and upwards from people regularly working that I get a profit. I can produce no invoices since July, 1893, showing the payments I have made for transfers.
VICTORIA ELIZABETH NEWTON , Hylands Park, Chelmsford. My husband is a chauffeur. In September, 1909, when living at 7, Connaught Street, Knightsbridge, I answered prisoner's advertisement, received green circular, paid 5s., received box of materials, completed three dozen slides, and received 4s. 9d. I then received various quantities of slides, which I made and for which I was always paid. I have received £4 10s. altogether, being nine lots of 60 dozen.
Cross-examined. I have been working for a year off and on. I have no idea how many I can do in an hour. I never earned more than 10s. in a week.
HARRIET HIRONS , 1, Rectory Villas, Bath Road, Hounslow. I am a married woman with seven children. In June, 1910, I answered prisoner's advertisement, paid 5s., completed three dozen, and was informed that some were defective; I saw Miss Woods, who gave me a further three dozen transfers without payment, which I did correctly, and I received 4s. 9d. back. I have since done 10 or 12 lots of 12 dozen each, which I have completed and have been paid for.
Cross-examined. I first began in July. Most of my first three dozen were defective. I can now do three dozen in an hour. I have earned altogether £1 7s.
WALTER ROWE , 14, Aschurch Road, croydon, stonemason. In December, 1907, I answered prisoner's advertisement, paid 5s., did three dozen slides, and was informed that some were spoilt. I then saw Miss Woods, received a further three dozen transfers, which I
executed, and was again informed that some were defective. I received postal order for 2s. 6d. I then saw prisoner at the works, who explained to me how I had gone wrong and sent me 20 dozen slides for the transfers, for which I paid 15s. I did the 20 dozen, most of them were accepted, and was paid 12s. for them. I have since been doing large quantities, and have been paid in all £30.
Cross-examined. My wife has assisted me; we have done altogether as much as 120 dozen in a week, earning £1. I have done 60 dozen in 20 hours, earning 6d. an hour. I have mostly been paid by cheque. Since January, 1910, I have always been paid by cheque except on one occasion, when I received a postal order for £1. (Payments from the pass-book January—October, 1910, were stated to amount to £4 8s. 6d.)
LOUISA AUGUSTA YORK 5, Beira Road, West Hampstead. In January, 1910, I saw prisoner's advertisement in the "Sunday (Circle." I received a blue circular like the green one produced, saw Miss Woods who explained the work to me, paid 5s. deposit, delivered the three dozen slides, and was informed that seven of them were defective. I then paid 2s. 3d. for transfers, did them satisfactorily and asked for 30 dozen which I delivered; some of them were spoilt and I was paid 5s. for the work. I afterwards did four sets of 60 dozen and have since had lots of 240 dozen; I have done practically 60 dozen a week since January. It is my only occupation, but I have not given my whole time to it. I can do four dozen in an hour. I have always been paid by cheque. I am 17 years of age. I knew nothing of prisoner before entering on home employment.
Cross-examined. Looking at the pass-book my total receipts from January to October 1910, were £3 19s. 8d. I have only had one lot of 40 dozen, which is not yet completed.
PERCY MOENISH , Billiter House, B.C., London agents for Jules Franc, Limited, glass manufacturers. I have supplied J. Theobald and Co. with large quantities of glasses, 3 1/4 in. by 3 1/4 in., for several years at 8d. a gross; during the past 12 months the price has risen to 10d. a gross.
AUGUST THOSPANN , 9, Fore Street Avenue, E.C., photo-mount manufacturer. I have done business with prisoner for two and a half rears; in 1909 amounting to £900, from January to October, 1910, about £1,200. My dealings with him have been of a satisfactory character.
Cross-examined. I have not supplied him with transfer papers.
HARRY EASDOWN HUTCHINS , assistant secretary to Benetfink and Son, Cheapside. During the last two years prisoner has supplied my firm with goods—in 1909 amounting to £113; from January to October, 1910, £118 8s. 4d.
JOHN PIGGOTT , Jun., Cheapside, athletic outfitter. I have been in business for 40 years and during the past 25 years have bought goods from prisoner to an amount in all of about £400 to £500. I have always found him as honourable man.
Prisoner was stated to have been repeatedly warned by the police since 1906; over 300 complaints had been received with regard to nondelivery of materials and of being defrauded.
Miss Cox (recalled) stated that she had been 18 months in the prisoner's employment as typist and left because the letters from poor people who had starving children complaining of losing their money upset her.
Sentence, Six months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Friday, November 18.)
Prisoner was released on his own recognisances in £5 to come up for judgment if caned upon.
SMITH, Thomas (21, labourer) , attempting to break and enter the warehouse of the Metropolitan Bonded Warehouses, Limited, with intent to steal therein; being found by night having in his possession, without lawful excuse, a certain implement of housebreaking, to wit, one knife.
Mr. Werninck prosecuted.
Dr. GORDON BROWN, surgeon. City Police, deposed that Police-constable William Cook was too ill to attend to give evidence.
Detective JAMES BROWN, City Police. I was in court during the proceedings before the magistrate. Prisoner had an opportunity of cross-examining Police-constable Cook and did so slightly. I know Cook's writing and saw. all the witnesses sign the depositions.
Police-constable Cook's deposition was read, as follows: "At 4.48 a.m. to-day, 12th, I was going into New Square from the Minories, when I heard a noise at the back of the Metropolitan Vaults at the west corner of the square. I walked quietly round and saw prisoner standing up against the warehouse door and asked him what he was doing there. He said, 'I am standing under here from getting wet.' I told him it is not raining; in fact there was no shelter where he was. On looking over I found a certain mark made by the police was missing. I said to prisoner, 'What are you doing here.' He said, 'I was standing here from getting wet.' I again pointed out there was no shelter. Prisoner said,' You are too late; the other one has gone.' I got hold of him; he struggled and threw himself to the ground. I fell on him. On the top of his body. He became calm and I took him to the station. This knife (knife produced) was found on him. He made no explanation about it and he made no reply to the charge." In cross-examination by prisoner Cook says, "It is true you struggled and fell to the ground and I fell on the top of you."
Sergeant JAMES BOOTH. I was in the station when prisoner was; charged. This knife was found on him. He made no reply to the charge, and said nothing about the knife. I examined the premises in mew Square and found that a portion of the door jamb and woodwork surrounding the lock of the door had been cut away apparently with a knife such as that found on prisoner. The cuts were quite recent. Chips were on the floor beneath.
Cross-examined. The evidence I gave at the Mansion House is almost precisely the same as here. (To the Judge.) The knife is a potato peeler. Any knife may be a housebreaking implement; so may a potato peeler.
DAVID KAY , gatekeeper. I left the premises secure overnight. The door secures itself when it is closed. There were no marks on it then; there were cuts the following morning; they were cuts that might have been made with any knife.
THOMAS SMITH (prisoner, on oath). I had nowhere to sleep this night, so I had to walk about. It started to rain when I was about the Minories. I saw a passage and went there for shelter. I was there a few seconds when I was arrested. Police-constable Cook said, "You are just the man I want; I have been looking for you all night." I was taken by surprise and said, "What for?" He said, "Never mind, come along with me." We met another constable to whom Cook said, "Tell the other officer on the beat to come over here. He then took me back to a big square and walled there till the other officer came. I was taken to the station. At five a.m. a superintendent or inspector said to me, "Tell us all about it, who the others are and where I can get hold of them; I will see you don't take all the blame. You are not a regular burglar, you have been led away." I said, "I don't know what you are talking about; I have nothing to tell you. He said, "Put him away." They put me in the cell. At six o'clock they woke me up and put me in the charge room and read this charge. That is all I know. I use the knife if I get work putting enamel letters in windows.
Verdict, Not guilty.
(Prisoner was too deaf to follow the evidence, and Mr. Purcell volunteered to defend her.)
JOHN RICHARDS , manager to Mr. Connell, of 83, Cheapside. On October 19 prisoner came into our shop and asked to see some engagement rings about £10 value. I took three trays from the window. She took out several rings, tried them on and smiled, and said she would like to see something plainer. I went again to the window and through the mirror that is in the door of the back of the window I saw her remove a ring from one of the trays. I then brought. out a tray of diamond rings, and as I brought them out she pushed the tray with the missing ring away from her, and as she was trying some
of the diamond rings on I called Mr. Connell over and said, "There is a ring missing." He said, "Yes, it is a pearl and diamond cross-over ring." I said, "That is right." She went on looking at the rings. There was one worth £35. She asked me how much I wanted for it. I said, "What are you prepared to pay?" she said £10; I said, "Don't be absurd." Later on I asked her to write her name and address as there was a ring missing. She wrote it. I said, "Why don't you make use of that hand," pointing to her left hand, and I took her by the wrist, forced open her fingers and removed the ring. She seemed to understand what I was saying. I said, "The best thing I can do is to fetch the police." She said, "You don't think I wish to steal the ring, do you? That is the ring I wish to buy." She then ran out of the shop. I went after her and gave her in charge.
She did not say she wanted rings worth 10s. It is not possible for me to have understood what she said. She had upon her something like 12s. She was in the shop about 20 minutes. The ring she said she wanted to buy was worth £18. I asked her to leave a deposit. I did not motion her to sit down. She did not say, "No thanks; I do not want to be charged with stealing when I did not steal." She has all along said it was a 10s. ring she wanted and that I was mistaken in what she said.
Police-constable WILLIAM LUCKMAN, 205 A. I was walking through Ironmonger Lane to go on duty when Mr. Richards brought prisoner up to me and said he wanted to give her in charge for stealing a ring. I asked her if she heard what he said; she said, "I had the ring in my hand but had no intention of stealing it." She made no reply when charged.
Detective-sergeant GEORGE GALE. I saw accused in the cell passage at Cloak Lane station at 6.30 p.m. on the night in question. I told her I was a police officer and should make inquiries at the address she gave, 2, Caroline Place, Bayswater. She understood me and appeared to hear. She said, "I do not live there; I have only made application for rooms there; my correct address is 9, May Street, West Kensington." I found that was correct.
ANNIE INGHAM (prisoner, on oath). When I went into the jeweller's shop I asked to be shown some cheap rings, about 10s. He brought some rings and I tried some on my finger. He went to get some more. I told him they were too expensive. I said, "You must have cheaper rings"; he said he had not. He went away. Then he asked me something I did not hear. Then I said, "I am sorry I have to leave." He went away for a piece of paper and wrote down on it saying he would make the ring larger. I said, "It is too expensive; I could not buy that ring. I will write my address, and if you have
any cheaper rings any other time I will call and get one." He stopped me suddenly and said, "What have you got in your hand?" I said, "I am sorry; that was the ring I was trying on my finger." He said, "The best thing I can do is to get a policeman." I said, "How dare you charge me with stealing. I did not steal it." He spoke to Mr. Connell and stood behind the door to guard me from going out. Then after I got quite annoyed he asked me to sit down. I said, "I don't want to sit down; I don't want to be charged with stealing, and I did not steal." After that I pushed the door open and went out, and I said to him he had better watch he was not charging me with stealing when I was not stealing. Then he came after me and dragged we along the street and gave me in charge.
Verdict, Not guilty.
HELENE BEAUWEARTS , 46, Collingbourne Road, Shepherds Bush. On October 23 about 7.30 I was at the Central Fish Market, Farringdon Street. After buying at a stall I put my purse in my left coat pocket. I kept my hand on it. I first noticed two men following me in the market. When I got near the stall one man kept close to me on my left side. He pushed me. I walked along and he walked with me. I stood at another stall. He gave me a very hard push, and someone else pushed him at the back, and meantime I felt a hand in my pocket. Prisoner is the man who stood at my left side.
Police-constable CHARLES CURZON. Prosecutrix made a complaint to me. Prisoner was present. She said prisoner had stolen her purse. I cautioned him. He said, "The other man that got away must have had it." She said she would give him into custody. On the way to the station he kicked me with his right foot and punched me with his left fist, and made an attempt to get away. He made no reply when charged. No property was found on him.
Police-constable WILLIAM PERCIVAL. Prosecutrix made a complaint to me in prisoner's hearing. She said, "This man has taken a purse from my pocket. I went outside the market and got a Metropolitan policeman."
Prisoner said he did not wish to give evidence, but wanted his statement read:" This is all I know about the stealing of the purse. I am innocent. I was just entering the fish market, looking at the fish, when this lady, whom I have never seen before, said, 'This man has got my purse.' I said, 'Surely you have made a mistake.' The lady got excited, and said 'It is a man like him." The officer said, 'I know nothing about it, you had better see a Metropolitan officer about it.' The three of us went outside the market. I was asked if I had the purse; I said I had not. They searched me, and I asked the lady what she was going to do about it; she said, 'I don't know.' The Metropolitan officer said, "You had better take him down; perhaps he has been down before.' On the way to the station I was going to put a cigarette in my mouth when the officer knocked my left hand
up my back; it was very painful. He said I struggled. I merely tried to get my arm in its right position. Why did she not have the man I am supposed to have given her purse to. I assure you I was with no other person. It is clearly a mistake of hers which you will see when you thoroughly investigate the charge."
Several previous convictions were proved.
Sentence, 12 months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, November 18.)
STERN, Jack (19, watchmaker), who was convicted last Session of fraudulent conversion (see preceding volume, page 647) was brought up and released on his aunt's recognisances in £20 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, November 19.)
Detective-constable FREDERICK HAYWARD. On October 18 I was on duty in Falcon Square, when I saw both prisoners. They went into Falcon Street, then came back to Falcon Square, into Noble Street, back again into the Square, crossed into Falcon Street again, and walked up to a barrow standing at the corner of Falcon Square and Noble Street. Shepherd placed his hand on the barrow and turned the green stuff over to see if there was anything underneath. They both came out. Shepherd got hold of the handles of the barrow and took it away, followed by Lane. From the time I first saw them where the barrow was standing I never lost sight of them until they were arrested. There was no possibility of their meeting any other man during that time. When Lane was arrested he said, "A man gave me 3d. to wheel it for him." In reply to the charge at the station he said, "That is wrong. A man gave us 3d. and said he would give us 2s. if we pulled it over Blackfriars Bridge." Another detective was present when he made that statement.
Cross-examined by Lane. You were standing outside a public-house. I did not see a man come and speak to you. (To the judge.) There
was a hamper on the barrow with the greenstuff inside it. (Both prisoners said that the officer was telling lies, and that it was a planned affair, and that they were both innocent.)
WILLIAM TURNER , 21, Foster's Building, Dufferin Street, green-grocer. My barrow was taken between 10.30 and 10.45 a.m. on October 18. It contained different sorts of greengroceries, scales, weights, and measures. I afterwards identified the barrow at Moor Lane Police Station, about 20 minutes after I last saw it. A man told me someone had taken it towards Aldersgate Street. I reported it to the constable on point duty in Silver Street; he advised me to go to the police-station and report it; I went and saw the barrow there. I had left my barrow not more than ten minutes.
Detective-constable JOHN SHOREHAM. I know prisoners. I first saw them on the morning of October 18, about 9.45. They were in Falcon Square loitering. Suspecting them I followed them into Falcon Street, Falcon Square, and Noble Street. They went into the Bodega, then into Falcon Street again, crossed the road and back again to the south of Falcon Square, where there was a barrow standing laden with greengrocery. Shepherd looked at the barrow, did something to one of the packages on it, Lane being a few yards away from him. Then both went into Noble Street. Shortly afterwards Shepherd came back and pulled the barrow away into Aldersgate street and various streets to Newgate Street, Lane following up in the rear. They were both arrested in King Edward Street. When arrested Lane said, "Somebody gave us 3d. to take it to Blackfriars Bridge." I never lost sight of prisoners.
JOHN LANE (prisoner, on oath). I have been a leather dresser since I left the army. This Tuesday morning I was at Fresh Wharf at 5.30 where I done work. We came through the City and outside the public-house, when a man came up to us and asked us if we would pull a barrow. I said to Shepherd, "Go on, earn a few ha'pence." I said to the man, "How much will you give?" He said, "3d." I took the 3d., a penny and four halfpennies. I showed them to the officer. It stands to reason" would any man in the City of London or anywhere else let a man steal anything and let him go 400 yards before he arrested him if it was not a planned job. He cannot look at me straightforward and own to the truth of every word I am saying. (To the judge.) I worked three hours at Fresh Wharf and earned 1s. 6d. The week before that I was at Colonel Bevington's four days and earned 16s. 10d. I never stole a penny in my life. I have been in a position where I could have had thousands of pounds if I wanted to steal anything.
Cross-examined. I live with Shepherd at Carrington Street, Deptford. I have been employed with Colonel Bevington on and off over three years, since I left the army. I left his employ because they had no work. They used to give me odd work whenever they could. What
caused me to take this barrow was the man give me 3d. for pulling it. I don't know the man, never saw him in my life. He give me a 1d. and four halfpennies. I was walking aside the man when the officer caught hold of me. How this man got away God only knows. They know it is a planned job. If the God Almighty take my eyesight away they know it is the truth. Look at him! Ask him to look at me straightforward. I was telling the detectives, "There is the man that gave me the 3d.," but they would not let me; they got hold of me and scruffed me and tore me to pieces. It looks a funny thing they should let us two poor fellows go 400 yards before they arrested us. That is why I believe it is a planned job and I have dreamt it is a planned job. I left the army full corporal with the best character.
Detective-constable SHOREHAM (recalled). When I arrested Lane he had some money in his hand and he put his hand in his pocket.
Lane. I could not put my hand in my pocket—I had no pockets.
Witness. You had your hand in your pocket.
Judge Lumley Smith. Did you see any man walking along the pavement?
Sentence (each), Five months' hard labour.
MONTAGUE, Edward (51, canvasser) , having received certain various sums of money, amounting together to the sum of 5s. 6d., for and on account of Charles Leigh Kinnear, did fraudulently convert the same to his own use and benefit.
CHARLES LEIGH KINNEAR , 260, West Green Road, Tottenham, coal merchant. I engaged prisoner on August 20 as collector and canvasser. He paid me 2s. 6d., as far as I recollect, on August 26. That was collected from Mr. Williams and Mrs. Theobald. I next saw prisoner on September 12. He brought no more money. I did not see him again to speak to. His duties were to collect weekly accounts and to pay the money in on Friday morning. He was to do canvassing in his own time. He was only employed by us for one day in the week. I called on prisoner on September 12. I asked why he had not called to see me with regard to his collections and why he had not answered any letters written to him. He said he had had a bit of trouble and had used the money.
EDWARD MONTAGUE (prisoner, on oath). Mr. Kinnear engaged me at 10 percent, on collections and 20 per cent, for orders. He never gave me any collections at all for me to earn any money. I held the money I collected as against commission due to me which he refused to pay. He is having repeats of orders I secured. When he called at my house I said, "When you come to a settlement I will do so. I shall hold this money over until you pay me the balance." There is
a big balance due to me. He said he did not see his way clear. The first week I paid in 2s. 6d. After that I saw Mr. Kinnear twice at his office and once at my house. I paid money at the office to the young lady, not to him. I am not quite sure how much I collected altogether. I have no account. When Mr. Kinnear called to see me I said my brother had a little trouble and that was the reason I had not come to see him.
CHARLES LEIGH KINNEAR , recalled. Prisoner called at no time during the three weeks after August 26 and would not answer any letters or anything. I had a card from him of September 2 saying he would call on Saturday morning. He did not call.
Prisoner. I called two or three times and saw you. There is some commission due to me.
Verdict, Not guilty.
Mr. R. S. Ellis prosecuted.
WILLIAM DUGGAN , lessee "Crown" beerhouse, Bethnal Green Road. I was alone in the bar on August 29 between six and seven p.m., when prisoner came in and said he wanted to speak to me, He said I had insulted the best friend he had got. I said he had made a mistake. He then said he had come to shoot me. I asked him what for. He said, "Never mind what for. I am going to blow your brains out." After a while he asked for 4s. I was terrified and handed him the 4s. He stood talking with the other man, and after a little time he came to me again and said, "Let me have that 4s." I said, "I've already given you 4s.; things is too bad to give you any more." He said, "Give me another 6s. or I am going to bar that," pointing to a certain part of the bar, "and I am going to shoot you or any one else that comes to your assistance." My potman returned and I gave him the nod to go and get a policeman. He came back in five minutes; no policeman. Prisoner demanded the 6s. again. I gave it to him. I was in fear every minute he would shoot me. He left the place and I saw no more of prisoner until he was arrested.
THOMAS DUGGAN , brother and potman to last witness. I was away from the house about six o'clock on the evening of August 29 and returned five minutes after. Prisoner was in the house then. I heard him demand 6s. off the governor. He said, "If you don't give it to me to make up the 10s. your life won't be worth suspense." The governor handed him the money because he was frightened of prisoner. I went for a policeman, but he had been called off the point.
Detective STEPHENS, H Division. I arrested prisoner in Gossett Street, Bethnal Green, on November 4. I said, "I am going to arrest you on a warrant for threatening a man named Duggan at the 'Crown' Beerhouse, Bethnal Green Road, about two months ago." He said, "All right, Mr. Stephens, I knew I should have to go sometime for it. I have given you" all a good run. I was a fool to come over this side of the water to-night. I have been working and living over at Newington
all the time since then. What about the money? I have got enough on me now to pay him back. I only asked him for it in a lark. You know what it is when I get with the mob. I am a fool for the lot of them. I shall have to suffer; they can have the laugh," I was also present when the charge was read over to him; he said, "Oh yes, I know."
Detective RUTTER, H Division. I was present at the station when prisoner was brought in. I said to him, "You know me, Norrey!" He said. "Yes." I said, "I hold a warrant for your arrest." I read the warrant to him. He said "Yes, sir, that is right." I knew him before as a resident of Bethnal Green. I knew he was being looked for and had not been in the neighbourhood.
Prisoner's statement to the magistrate. "Prosecutor said I went to his house between six and seven, the potman said it was four."
Prisoner (on being asked if he wished to give evidence). I should like to ask the gentlemen of the jury do they think that it is true that a man should walk into a public bar and demand money when there is a constable outside. I ask the gentlemen of the jury do they think that one man should say four o'clock and another six o'clock, which they are both brothers. It is six months since I have been in the house and I have never had no row or said anything at all.
Several previous convictions were proved.
Sentence, 14 months' hard labour.
BEFORE THE RECORDER.
(Monday, November 21.)
DANIN, Jacob (46, horn dealer) , having been entrusted with certain property, to wit, with 6,729 tips of horns in order that he might apply or use them for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit or to the use and benefit of John Danin, otherwise John Fry .
Mr. Scarlett and Mr. Bickmore prosecuted; Mr. Huntly Jenkins defended.
HURST MASEL . Early in 1907 prisoner lent me £500, which I have since repaid. In July this year there were negotiations between us as to our entering into partnership in the horn business, he representing that he knew the trade. On July 18 this deed was entered into. (It provided that the agreement was to be for three years; that prisoner was to pay £150 into the partnership account; and that should the profits within the first three months or as a result of the first three consignments dealt with not average £8 a week the partnership should be at an end.) As soon as the agreement was signed I lent him £15, £1 in gold and £14 by cheque, on the partnership account. About a week after the partnership was formed at my suggestion he went to Bulgaria to buy some horns; previous to that he had done no business. I gave him £16 17s. 6d. and his expenses. When he
got there he wired me to send him a further £50, which I did, through our bank. He came back on about August 15, having done no business there at all; he said that he had been offered some horns, which, however, had been withdrawn. He returned me £38, and when I asked him on August 17 for an account of the money he had spent he said he had lost the little book in which he said he had kept the account. I was rather upset and had a row with him. I said there had been no business done and we could not go on any further like this. He said, "If you say you want the business to be determined I can have partners as much as I like; I am not particular." I said, "If that is the case, let us consider the partnership determined." We mutually agreed that this should be so. On the same or the next day I wrote a letter to him confirming our conversation. (Mr. Huntly Jenkins objected to the admission of this letter, the specific notice to produce it not having been given till that morning. The Recorder upheld the objection.) I have no objection to my copy letter book being produced. On August 18 he called at the office and showed me this catalogue issued for a sale of horns on the 19th. He said, "Why do not we go and buy horns?" I said, "What do you mean by 'going and buying horns'? Our partnership is determined, and besides, if there is a partnership there is no money in the bank." He said, "I know, but you have got the money and you can buy those horns on your own account." I went to the auction with him, having previously drawn out £45 from my own private bank, as I expected I should have to pay a deposit. I bid myself for a number of lots amounting to £301 13s. 3d., which I subsequently paid by my own cheque. I was not required to pay a deposit at the time. After the sale I went with prisoner to the wharf where the horns were. I had 516 of them removed to a sawmill to have the tips cut off, and I subsequently had these with the hollows delivered to me at Dalston. This left a residue of 7,246 in the wharf. I agreed to prisoner's suggestion to have these cut in the same manner and in our presence they were marked with blue pencil as to where they were to be cut. I gave him instructions to have them taken to the Swedish Woodware Company for that purpose and then the whole lot was to be delivered to my warehouse. There is no truth in the suggestion that I agreed to sell them to his son, who passed under the name of and whom I knew as "John Fry"; it was he who marked the horns. He does not carry on any business. I myself engaged three vans from Davies to have them removed from the sawmill to my warehouse. On August 23 I got a telephone message that the horns were nearly all cut and I arranged that the vans should be sent. The cost of the cutting was £1 16s. or £2 2s., and I gave prisoner £2 10s. to pay it with, telling him to keep the balance. I paid also for the vans. On the 23rd the hollows only were delivered to my Dalston warehouse. I waited till 11 p.m., but the tips did not come. I waited all the next day to hear from or see prisoner, who had promised he would come to see me after the goods had been delivered, but he did not come. I was very much upset. On the following morning, Sunday, I went to his house, but only succeeded in seeing his son. I had made inquiries at the Swedish
Woodware Company. I called at prisoner's house again on Sunday evening, where I found him enjoying himself with his friends. He took me aside to another room. I asked him what had become of the tips. He said, "I have sold the tips and I have got the money." I asked him what he meant by not consulting me first and he said, "Never mind. I have sold them." I asked him why he did not hand me over the money and he said, "I have not got any money." I asked if that was the only explanation he could give me for robbing me of £230 and he said, "You know very well if I had not been in these circumstances I would not have done it." I never authorised him to send them to a stable in Osworth Road. I never got any money for the goods.
Cross-examined. All I authorised him to do was to deliver these goods to the Swedish Woodware Company and afterwards to my ware-house. There had not been three consignments of goods bought and sold as specified in clause 2 of the agreement up to this time. I was extremely anxious to bring the partnership to an end. The clause in the agreement which said that it was to come to an end in the event of either party committing any criminal offence had nothing to do with my going to the police. I know now that he says that he sold them to a man named Fry and had paid me £160 for them. I have been bankrupt; I paid 2s. in the £. I was not married then. I had no knowledge of the horn trade. Prisoner never copied letters into the letter book, and he did not on one occasion say he had missed a few pages by mistake. The suggestion that the press copy of the letter I wrote him on August 17 was fraudulently inserted in one of those pages is untrue. (The jury examined the press letter book and stated that it was their opinion this letter with others had been copied upside down merely through carelessness. The letter which was read expressed the prosecutor's dissatisfaction at prisoner's conduct, and stating that he had decided to adhere to the agreement made on the previous day between them to dissolve the partnership, but he would be always pleased to consider any business that prisoner had to propose.) I received no written acknowledgment of the letter from him; but he told me on the 18th that he had received it. I had received a catalogue of this sale before he called on me. I never asked Fry to buy the horns at 55s. a hundred. The prisoner never gave me a copy of this document which purports to be an invoice given by me to John Fry for £194 2s. 6d. for 7,210 tips I had sold him, dated September 22, and receipted by "H. Masel and Co." As to that date, he never said that if we sold the hollows also we should make a fine profit, and I did not say that it would not come to £8 per week profit as per our agreement. I never heard him say on the way to or at the police station anything about having paid me £160. I never heard the magistrate say at any time that had he known all the circumstances of the case he would never have granted a warrant. I did not explain to prisoner as my reason for drawing the £45 from my own bank that the partnership's bank was too far away. I got my discharge in bankruptcy last April. It is true that I signed the letter endorsing the £301 13s. 3d. to the auctioneers "H. Masel and
Co.," but that is the name I used before the partnership and which I still use now that the partnership is at an end.
Re-examined. The billhead on which Exhibit 10 is written is the same as I used in business and prisoner would have access to them. I have never given him a receipt for the £160 which he alleges he paid me.
To the jury. When buying the goods the auctioneer's clerk asked me what name and I told him "Masel."
Detective-sergeant HENRY LEESON, H Division. I held the warrant for prisoner's arrest, which I read to him on September 29 at Peckham Police Station. He said "My agreement says that I can buy and sell. I sold the horns to a man named Fry for £183 and gave Masel £160 and kept the rest." I took him to Leman Street Police Station and, on being charged, he said "My agreement says I can do this." I searched and found this key (produced) and a bunch of keys. I returned them to him as they did not seem to relate to the charge. He was then put into the waiting cell. On going there I found this same key under the seat on which he was sitting. I said, picking it up, "There is one of your keys." He said, "It is not mine." I said, "It is one which I took from you and returned to you." He said he knew nothing about it and I kept it. At 11 o'clock that same morning I went to a stable in Osworth Road, which is about 300 yards from his house, where I found 16 sacks containing horn tips of which these are samples; they had a blue mark on them. I found that the single key opened the door. There was also a padlock on the door which no key on the bunch of keys that prisoner produced at the police court would fit, but Fry, to whom the stable belonged, had a key which fitted. There were more keys on the bunch when I found them originally on prisoner. Fry had no objection to my taking the horns away.
Cross-examined. I have ascertained that prisoner gave a long explanation to the officer who arrested him. The warrant was applied for privately on September 29. There was no difficulty in finding prisoner. The magistrate said at the first hearing that if all the circumstances had been known no warrant would have been granted. On the first occasion I gave evidence I mentioned my having found the key under the seat, although I see it is not in my depositions. The cell in which prisoner was was a waiting cell, but people did not pass through it. Only police officers would have been in there that day. I should think prisoners would be brought in there. I do not consider that the lock which the key fitted was a common one. Fry, prisoner's son, had a similar key. I knew prisoner said before the magistrate that it was another officer who picked up the key, but I think I satisfied the Court it was I. I saw Fry at the police station, soon after prisoner's arrest. I may have asked him he had the key to the stable and he may have said "Yes, at home." I may have produced the key I had found under the seat to him, and he may have said, "Yes, that is the one." He produced the padlock key to me; I think he had it on a chain. He went into his house. When he came out he had two keys with him. He did not show me any before he went in. Both keys were necessary to open the stable door.
Re-examined. He had the two keys necessary for the opening of the door and prisoner had one.
(Mr. Scarlett proposed to call William John Hart to show prisoner's financial position in July. Mr. Huntly Jenkins objected to this evidence as irrelevant. The Recorder upheld the objection.)
EDWARD BALSER , carman, in the employ of Mr. Webster, 6, Whitechapel Road. On September 23 I took a horse and van to the Swedish Woodware premises, from where, on prisoner's instructions, I took seven bags of horns to his house at 5, Crompton Road, Camberwell Green. His wife told me to put them in the passage. On my return I was paid 4s. 6d. by another man.
Cross-examined. Prisoner's wife did not say that she had not got the key of the stable and they must be left there until her son came home. There was another boy with me.
MAURICE CALIPINSKI , umbrella handle maker, 219, Cable Street. About two months ago prisoner introduced prosecutor to me. About two weeks ago I had a deal in 516 horns with prosecutor. Later on I went to Shacklewell Lane, where I inspected them with prosecutor and prisoner, and I offered them £10 a cwt. for the best. As a result of a conversation with prisoner I telephoned prosecutor. On about September 29 prisoner came to me and said I should come and see all the horns which were cut, and I went and saw the whole bulk at Camberwell. I offered him the same price for them. He wanted an open cheque as he said the party to whom he had sold the horns and to whom they belonged would not take it, and I refused to give it; the deal went off. I rang up prosecutor later about this. I understood that he and prisoner were partners.
Cross-examined. Prosecutor asked me on the Sunday whether I had bought them from prosecutor, and I said I had not. I went to the stable and saw prisoner's son. I had been dealing with prisoner for the whole time in the presence of his son.
Mr. Huntly Jenkins submitted that there was no case to go to the jury, on the ground that prisoner's dealing with the horns had been a transaction under the partnership agreement which was then existent, not having been dissolved by deed.
Mr. Scarlett, while conceding that the partnership agreement still existed (though he contended that it was one which was capable of being put an end to by verbal arrangement), submitted that all the evidence went to show that the particular transaction in question was one outside the partnership; and there was a case to go to the jury upon the question.
The Recorder held that the partnership agreement still subsisted; that there was no case on the question whether the transaction was without it, and that the prosecutor should have obtained his remedy by civil means.
The jury were accordingly directed to return a verdict of Not guilty.
Mr. Williams prosecuted; Mr. Ernest Walsh defended.
Detective-constable THOMAS BETTRIDGE, City Police. At 7.45 a.m. on October 18 I was in Holborn with Detective Hobbs, when I saw prisoners walking from the direction of Chancery Lane. Brown appeared to have something under his coat. We followed them and stopped them, as they appeared to be quickening their pace. I said to Brown, "What have you got under your coat?" He said, "Nothing." I said, "Show me what you call nothing." He then produced a pair of boots from under his jacket. I asked him where he had got them from and he said, "A man gave them to me last night in the street." I said to Jones, "What do you know about them?" He made no reply. I took them to Snow Hill Police Station and, in consequence of my inquiries I took them from there to Bridewell Police Station, where they were charged with breaking and entering the shop of William Fox and stealing a pair of boots. Neither of them made any reply. They both said they had no fixed abode and had been walking about all night.
Cross-examined. I thought they were going to run and that is why I stopped them. Jones could not have seen what was under Brown's coat.
Detective-constable ALBERT BOBBS, City Police. It was I who had Jones in custody. On the way to the station he asked, me what station he was going to, and I said, "Snow Hill." He then called out to Brown, "George, it's all up; it's Snow Hill." Brown said at Bridewell Police Station, "I smashed the window and stole the boots, but my 'pal' was not there."
Cross-examined. He had had an opportunity to say that at Snow Hill. I did not know that he and Jones had been convicted together.
Police-constable FREDERICK LLOYD, 152 B. About 4.10 p.m. on October 18 I passed Fox's shop, 118, Chancery Lane, where I was on duty, and noticed that the window had been broken with a brick inside. At 3.40 p.m. when I passed everything was intact.
WILLIAM FOX , 118, Chancery Lane. I left the premises at 7.30 p.m. on October 17 intact. On arriving at 8.30 next morning I found my window broken and this pair of boots missing. (Produced.) The damage done was £2. I identify the boots by the number inside, which was that of a customer for whom they were intended.
Mr. Walsh submitted that there was no case to go to the Jury as against Jones, it not having been shown that he (Jones) was a party to the offence.
The Recorder upheld this submission and directed the Jury to return a verdict of Not guilty as to Jones; Brown was found Guilty.
Brown confessed to a previous conviction of felony at this Court on February 8, 1910.
Inspector HERBERT HINE (City Police) stated that this was the fourth time Brown had been arrested with Jones for similar offences. He had stated last February that "Brown" was not his proper name,
that he had not done any work for a long time and did not intend to do any. (Prisoner denied this.)
Sentence, 12 months' hard labour.
Prisoner confessed to a previous conviction of felony at this Court on June 29, 1905, when he received one month in the second division.
Sergeant HORACE CASTLETON, N Division, stated that since prisoner's release in 1905 from his last conviction he had worked very hard and borne a good character. In this case he had bought a piano on the instalment system which he had sold to the prosecutor' by false pretences before it was paid for; he was willing to repay prosecutor the money he had paid by instalments.
Sentence, Seven days' imprisonment, entitling prisoner to be immediately discharged.
BEFORE JUDGE LUMLEY SMITH.
(Monday, November 21.)
Verdict, Not guilty.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Tuesday, November 22.)
Mr. Davidson prosecuted; Mr. Eustace Fulton defended.
HENRY GOFFIN , fishmonger, 73, Hayley Lane, Plaistow. On October 19 I arrived with my pony and cart at the Tower Hill Fish Market between 6 and 6.30 p.m. I had some empty boxes and a whip. I went down to the fish market, leaving my son to look after the pony and cart. I left my overcoat behind. On returning at 7.30 I found everything gone. I went to Leman Street Police Station at 8 a.m. and at about 5 p.m. to the Southall Police Station, where prisoner was detained. He was wearing this overcoat (Exhibit 1), which is my son's, and I identified my whip, pony and cart.
Cross-examined. Our overcoats were second-hand, and I gave a little 3s. 6d. each for them.
WILLIAM GOFFIN , son of the last witness. My father left me in charge of the pony and cart on this morning. I had taken three empties down to the market, and on returning I saw a man very much like prisoner by the side of his face driving off with the cart; I had been away 15 minutes. He was about 200 yards away from me, and I could not be certain of identifying him. This is my overcoat (exhibit 1 produced) which I left in the cart.
Cross-examined. The morning was a bit misty. I only saw the side of the man's face; and he was driving pretty fast. I cannot say if he was wearing my overcoat. I think he had on a cap. I was never asked to identify the man.
Police-constable JAMES SIVLEY, 670 X. On October 19 I was on duty in Southall Cattle Market when I received a telephone message at about 10 a.m. About 10.25 a.m. I saw prisoner exercising a bay pony, which was perspiring very much. It is about 14 miles from Tower Hill to Southall by road. I saw prisoner offer it for sale to a man. I asked him where he had brought it from, and he said "From Uxbridge Road, Shepherd's Bush, this morning." I said, "Where is the owner?" and he said, "I am the owner." He was wearing this overcoat (exhibit 1). The barrow identified by prosecutor was being exposed for sale; the harness was on the horse's back. I told him I should take him into custody, as the horse answered to the description of one stolen from Leman Street that morning. He replied, "It is mine. You are on the wrong scent this time." I took him to the Southall Police Station, and about 4 p.m. prosecutor came and identified his pony and barrow.
Cross-examined. People attend this market to sell horses and traps. I see the note I made at the time of the conversation is not in its proper order of date, but I wrote it on the first page I opened. When I took prisoner into custody I entered it in its proper place. I did not write the second entry over something I had rubbed out. I see the first entry at the end of the book is in a clearer handwriting. I fair-copied my first entry into its proper place in order to tally with the other reports. Anybody coming from Tower Hill would come through Uxbridge Road.
Detective BENJAMIN LEESON, H Division. About 4 p.m. on October 19 I went to Southall Police Station with Sergeant Ball, where I saw prisoner wearing this coat (exhibit 1). I told him he would be taken to Leman Street Police Station, where he would be charged with stealing this pony and barrow. He replied, "All right; I suppose I shall have to go." I took him to the station, where prosecutor said to him, "You are wearing my overcoat." Prisoner immediately took it off, threw it on the table, and said, "I never had the others." When charged he said, "I know nothing about it."
JOHN PRESTON (prisoner, on oath), general dealer. On October 19 I was at Southall Market, where I get my living by selling on commission. I had gone there from the Bank by the Tube, getting out at Shepherd's Bush. I was waiting for a car to go to Southall when a man whom I knew in the markets as Dick came along driving a pony and cart. I asked if he was going "down below" (Southall Market), and on his saying "Yes" asked him to give me a lift, which he did. We stopped at a public-house on the road and he asked me to advance him 2s. on this coat (exhibit 1) until his lot was sold. I lent him 2s. and took the coat. He said that anything I got over £12 in the market for the pony and cart I could keep for myself. Outside the market I went into a coffee shop while he went in with the pony and harness. He joined me afterwards. I saw a man I knew and told him this pony was for sale, took him into the market, and was showing him the pony when I was arrested. I had left "Dick" outside with the barrow. I said I was the owner because it was under my charge. I told him that "Dick" was in the market somewhere. When prosecutor saw the overcoat on me he asked me where the other one was, and I said I had not seen any other coat.
Cross-examined. Dick is not here. I had never spoken to him before this; I heard the people in the markets call him "Dick." I have been in prison five weeks and have not been able to call any witnesses from the market. I have written to the Commissioner of Police asking him to have the auctioneer here. The pony was not steaming at the time I was arrested. The policeman's account of the conversation is correct, but it is not complete.
Verdict, Guilty of receiving.
Prisoner confessed to a previous conviction on April 14, 1899, of felony at the West Ham Borough Sessions in the name of John Charles Reading.
Sergeant P.HORSFORD proved this conviction and a further minor conviction in 1904 for pocket picking. Prisoner was stated to be an associate of horse thieves and pickpockets.
Sentence, nine months, hard labour.
Police-constable Sivley was commended by the grand jury for the intelligence he had shown in effecting the arrest.
Mr. A. H. Forbes prosecuted.
EMMA MORGAN , 3, Aquila Road, St. John's Wood. On December 22, 1908, I was licensee of the "New Plasterers' Arms" beerhouse, in George Street, Islington. On the evening of that day prisoner, whom I knew as a customer, came with the secretary of a cork club and had some tea. About 7.30 I took the tea-things upstairs and the secretary came up with me, as we wanted to talk about club matters. We left prisoner alone in the bar-parlour. When I came down he went out, and we never saw him again. I kept the club money (£8 12s. 6d.) in a
brown-paper bag on a shelf in the bar-parlour, and when I went to get it to give to the secretary I found it had gone. I told him about it. I charged prisoner at the Clerkenwell Police Station on November 9 this year.
Cross-examined by prisoner. The barmaid was in the bar and was not with you. There was really £12 12s. 6d. in the bag, but when reporting it to the police they made a mistake, and put £8 12s. 6d. When charging you I let it go at that, though I had to find the whole £12 12s. 6d. out of my own pocket.
GEORGE STANLEY HORSBROOK , 44, Willoughby Road, Acton Vale, corroborated the evidence of the last witness, and added, I have seen the bag of money before I went upstairs with Mrs. Morgan. Prisoner was introduced by his brother to this club. I did not see any more of him until November 9, when he was charged at Clerkenwell Police Station.
To Prisoner. The barmaid was in the bar serving when we left you. To get out you had to lift the flap; you said, "Tell them I'm going to get a shave."
Sergeant HENRY GARRARD, G Division. On November 9 I saw prisoner at the rear of the Clerkenwell Police Court, and told him he would be charged with stealing £8 10s. and a postal-order for 2s. 6d. from the "New Plasterers' Arms" on December 22, 1908. He said, "I know nothing about it." I said, "Mrs. Morgan knows you well, but if you wish to be put up for identification you can." He said, "I do not want to be put up for identification. When charged he made no reply. (To the Court.) The barmaid is no longer in London. We received information at the time of the robbery, but we could not find him.
(Wednesday, November 23.)
ARTHUR PAGE (prisoner, on oath), stoker. My brother introduced me to Horsbrook, and I worked for him for five weeks, but receiving no wages I left him. When I went to this beerhouse with him on December 22 I had made arrangements to meet a man to go to Wales to look for work. I had tea and remained talking to the barmaid, who was in the bar-parlour with me. Before Mrs. Morgan went upstairs with the tea things I told Her I was going to get a shave. I went and had a shave and when met the man Dickson, who is now in Wales. We walked as far as Hounslow, and the next night we slept at Slough Station in a waiting-room on account of it snowing. I did not take this money; if I had I would not have walked all that way. I returned to London in January or February. When my brother told me I was accused of stealing this money I said I would go and see Mrs. Morgan, and he told me it was no use as she had given up the house. Since then I have been working for a firm in Oxford Street and living with my parents.
Cross-examined. I went to Cardiff. I do not know the man's address whom I went with. I have had no opportunity of getting witnesses
here; I have been in prison; I am undergoing a sentence of six months. I communicated with the police.
Prisoner confessed to a previous conviction at St. Albans Quarter Sessions of felony in the name of James Bailey on December 31, 1907, when he received nine months' hard labour. It was stated that prisoner had commenced his criminal career at the age of 12, when he was bound over and sent to an industrial school till he was 16. Two minor convictions followed in 1901. After a sentence of three months' hard labour in 1902 he went as a stoker and was not heard of again till 1907. He was now serving a term of six months for a particularly mean offence, in which he inculpated his younger brother. Prisoner stated that this offence originated with his older brother. He was stated to be the "scapegoat" of the family.
Sentence, 15 months' hard labour, to date from the expiration of the sentence which prisoner is now undergoing.
BEFORE JUDGE LUMLEY SMITH. (Tuesday, November 22.)
JORDAN, William (21, cook), PULISCIANO, John (21, hairdresser), BENNETT, Mary Ann (23, flower seller), and NEWMAN, Anne (25, flower seller) , robbery with violence upon Adolph Richfeld and stealing from him £4 and one snuff box, his goods and moneys.
Mr. Sydney Turner prosecuted.
ADOLPH RICHFELD , 342, City Road, E. At midnight on October 16 I went home. The door was locked and I had not the key. I took a walk across the road to the "Angel." Two women approached me. Bennett spoke to me more than the other. They took my arm to walk along with them. I did not want to go with them. They then asked me for money. I refused. They left me then and there and two seconds had not passed when four men attacked me. The male prisoners are two of the men. They shut my mouth, pushed my head backwards, got hold of my arms and put me to the ground. In my hip pocket I had four sovereigns and in my right trousers pocket I had some small change and a snuff-box. I struggled and screamed as well as I could. Then the police arrived on the scene; they ran after the men and brought them back to me and we all went to the police station.
Police-constable JOHN GILPIN, 15 G. At 12.30 a.m. on October 17 I was in Myddelton Square. I saw the four prisoners surrounding prosecutor. Pulisciano was on the right of him; Jordan, on the left, had his hand round prosecutor's neck. He was standing at the rear of prosecutor at the time. Newman was covering him by standing in front of prosecutor. I saw Newman running away with two other men. I was alone at the time. I blew my whistle. Police-constable Birt came and ran in the direction of Chadwell Street and St. John's
Street and I ran in the direction of Myddelton Passage after Pulisciano. Police-constable Peacock, 21 GR, came to our assistance and arrested Bennett; Police-constable Birth arrested Jordan. When we took them up to prosecutor he pointed to Pulisciano and Jordan, and said in each case, "That is the man," and, pointing to Bennett, "That is the woman." When they were charged only Pulisciano replied; he said he found the snuff-box in Upper Street.
Police-constable ALFRED BIRT, 463 G. I was on duty in Milner Street. I heard shouts of "Oh!" and "Police." I ran in the direction of the sound; Police-constable 15 GR was in front of me. I saw prosecutor rising from the ground and the four prisoners were running away. I immediately gave chase, caught Jordan and brought him back to Myddelton Square, when prosecutor said, "That is the man" I saw all four prisoners there. I identified Newman next day.
Police-constable WILLIAM PEACOCK, 21 GR. I was on duty in Myddelton Square. I heard muffled cries of "Oh, Police, Help." I ran to the other side of the square, where I saw Bennett, whom I knew, hurriedly leaving the square. I stopped her and asked what was the matter. She replied, "I do not know nothing about what is the matter. I know nothing about it." Not being satisfied with her statement I detained her and prosecutor came along and said, "That is one of the women that has robbed me." Bennett said nothing then She was 20 yards from prosecutor when I stopped her. She appealed then to some people in the square, but they did not respond. They said they knew nothing about it.
JAMES PAYNE , 11, Field Place, Clerkenwell. I was standing outside the Express Dairy in St. John Street with Joseph O'Brien when I saw prosecutor and two women, one on each side of him. They are the female prisoners. We went on talking. When we turned round again we saw three men walking about three minutes after them. They all turned into Chadwell Street. We followed them. When we got to Myddelton Square prosecutor called out, "Oh, oh; Police!" We rushed to the other side of the square and saw Pulisciano and Bennett in custody of the police and Jordan coming from the direction of Chadwell Street, in custody.
JOSEPH O'BRIEN , 19, Roman Road, Holloway. I was with last witness. I saw prosecutor being accompanied by Bennett; the other woman I won't swear to. I made a remark to Payne, "That looks funny; we will follow on behind and see what happens to the old man." When we got about the middle of the square we heard shouts of "Police," "Murder," and so on. We ran to the other side of the square and saw Bennett in custody, also Pulisciano in custody. Jordan was coming from the direction of Chadwell Street with a policeman.
I was proceeding down St. John Street when the constable called me. I went to him and said, "Me?" He said, "Yes, come over here a minute." I was taken up Chadwell Street to Myddelton Square, where I saw prosecutor talking to the two last witnesses. The constable said, "Is this one of them?" Prosecutor, without looking round, said, "Yes." I was then taken to the station and charged with Pulisciano and Bennett, in whose company I have never been in my life before. I knew them. On the way to the station prosecutor started calling out "Thieves." The constable told the last two witnesses to walk on in front. Surely if they see it they ought to know whether I was there or not. I am innocent of this charge. I have a witness to prove I did not leave her place till 20 past 12. I was there all Saturday night and all day Sunday.
Cross-examined. 368, Liverpool Road is about three minutes' walk from the Library. I could not say the distance from there to the "Angel"; I dare say it is quarter mile. I had walked about 600 yards down St. John Street when I met the constable. I met him at 12.30. The constable admits he arrested me because I was walking fast. The prosecutor said at the police court that he was very much upset at the time when I say he said I was the man without looking at me. I suggest he is trying deliberately to mislead the jury.
Mrs. LAMB. Prisoner came to see me on the night of the robbery. I had a party. He left at 20 past 12.
JOHN PULISCIANO (prisoner, on oath). I am Italian; have been in England 15 years. I live at 44, Warner Street, Clerkenwell. I do not know the other prisoners. I was coming back from walking as far as Highbury Station. I picked up this snuff-box in the gutter in Upper Street. That is a long way from Myddelton Square. I was going through (I do not know the name of the turning) near the reservoir. I heard a police whistle blowing; I waited and listened for a while, then walked on. The constable came and said, "You are wanted"; I asked what for and he said, "You will see." This was round by Myddelton Passage. I was taken to prosecutor, who was excited, and after a long time he said I was one of the men. I had no hand in robbing prosecutor.
BENNETT said she did not wish to give evidence.
MART ANNE NEWMAN (mother of Anne Newman). On Sunday night my daughter came home at half past 11, had her supper and never went out any more. I do not know the date of it; it is about five Sundays ago.
Mrs. CODEHAM. I was coming downstairs as prisoner Newman was coming up at half past 11 on Sunday evening. There was no light on the staircase. I spoke to her. We bade each other good night. I had been to her mother's room on the first floor to borrow a bit of wood.
When asked if they wished to say anything further all the prisoners said they were perfectly innocent.
Verdicts: Newman, Not guilty, the other prisoners Guilty.
Numerous convictions were proved against Jordan and Bennett. Pulisciano had been bound over three times.
Sentences: Jordan, 14 months' hard labour; Pulisciano, 13 months' hard labour; Bennett, 14 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, November 23.)
DODWELL, Malby Crofton (44, none) , having been entrusted by Sarah Julia Chivers with certain property, to wit, £880, in order that he might apply the same property and the proceeds thereof for certain purposes, and having received the said property for and on account of a certain other person, unlawfully did fraudulently convert the said property to his own use and benefit.
Mr. Leycester for the prosecution offered no evidence, and a formal verdict of Not guilty was entered.
ELY, Montague Frederick, (32, accountants) pleaded guilty of obtaining by false pretences from Thomas Crawley two bottles of wine and £1 11s. 3d.; attempting to obtain by false pretences from William George Jones three bottles of wine and £2 2s. 6d.; obtaining by false pretences from Arthur Mundy £1 14s; 8d., the moneys of Thomas Mundy ; obtaining by false pretences from Sidney Herbert Robertson one packet of cigarettes and 19s. 3d.; obtaining: by false pretences from Ernest Peters one bottle of brandy and 13s. 9d., in each case with intent to defraud.
It was prisoner's practice to open accounts at different banks by paying in small sums which he afterwards withdrew, then obtaining both goods and change by worthless cheques.
Prisoner confessed to a previous conviction of felony on February 25, 1907.
A previous conviction for forgery was proved against him on January 25, 1907, at this court for forgery, and three further convictions at the West Biding Sessions on January 4, 1909, when he received sentences of 18 months to run concurrently. He was stated to be an associate of thieves.
Sentence, 12 months' hard labour.
JOHNSON, George, otherwise COOK, Joe (47, labourer), and INGRAM, Charles Walter , stealing a gelding, a set of harness, a nose-bag, and one quarter of a hundredweight of provender, the property of Walter George Camp; and one set of harness and one lamp, the property of William Ilett.
Ingram pleaded guilty.
Mr. C A. H. Black prosecuted.
10.30 p.m., I locked it up with a padlock and key, leaving the things there. I went there at 4.30 next morning, when I found the staple had been drawn and my pony and harness and other things, altogether worth £7 3s., missing. I gave information to the police. On September 27, at Wood Green Police Station, I identified my pony.
ELVE BLUNDELL , carman. In August Johnson was working under the name of "Cook" for a Mr. May, with whom he has worked on and off. On Saturday afternoon, August 13, I saw him with Ingram with a horse and van with a pony being towed behind; Ingram was driving They returned about an hour and a half afterwards, the pony being this time in the shafts. Johnson was driving. The pony was turned out to grass for one or two days in my master's field. It was then taken away in the van by Johnson. I next saw it at Wood Green Police; Station.
Police-constable THOMAS ANDREWS, stationed at Dutton Green. I have known Johnson some time. A 2 p.m. on August 13 I saw him in Polhill, in the parish of Shoreham, driving a pony and van. Ingram was sitting beside him. On October 21 I identified the pony and van at Wood Green Police Court.
WILLIAM ILETT , contractor, 21, Station Road, Wood Green. I have a stable in Euston Mews, Lordship Lane, which at 10 p.m. on August 5 I locked up, leaving an overcoat, a set of harness, and a lamp amongst other things inside. In the morning the stable had been broken open and these things were gone. On September 28 I identified the lamp as mine; that is the only thing I have recovered. (To the Court.) These things were in the same stable as the pony and van were stolen from.
Detective-sergeant GEORGE WALTERS, Y Division. At 2.30 p.m. on September 27 I saw prisoner at St. Mary Cray Police Station. I brought him to London. At the police-station were Camp's pony, barrow, and set of harness and Ilett's lamp tied to the shafts of the barrow. They were identified by the prosecutor. I told prisoner I should take him into custody for being concerned with Charles Ingram, then in custody, in breaking into a stable and stealing these things. He said, "I did not break into the stables. I got the pony, harness, and van from Ingram for 30s. I got a receipt and I bought another van off him for 12s., and I got a receipt for that. I thought they were crooked lots by the price, but the receipts seemed all right." These are the receipts which were handed to me by the police at St. Mary Cray Police Station, having been taken from him. The "12s." looks more like "£12" and the "£110s." more like "£10." On the way back to London in the train he said, "I will never do a deal in this line any more; under the hammer for me in the future." When charged at Wood Green Police Station he said, "I never broke into the stable, although I have got some of the things." On the same night he sent for me and said he wanted to tell me the truth about the whole matter. I said that whatever he said would be taken down in writing and might be used against him. This is the statement he made as far as it deals with this case.
GEORGE JOHNSON , no fixed abode, age 57, general labourer. I am known by the name of "Joe Cook." On Saturday, August 6, I was fruit picking at Mr. Alfred May's farm near Halstead. Some time about 7 p.m. that day I was going shopping with my wife when I saw a pony and van standing in the field near our house. I noticed it there again on Sunday, the next day. A man, age about 27, 5 ft. 8 in., dark, smart appearance, dressed in a dark brown suit, sweater and cap, came up to me and said, "'Will you buy a pony?' I said, 'I am not particular. I can do with one.' He showed me some bill-heads with the name of 'Ingram, horse dealer,' on them. I said, "What do you want for it?" He asked 50s. I said, "I have not got it." He then said, "Oh, well, 30s. will do." I paid him that amount for the pony and the set of harness and van I had as well, but I was to pay him a further sum of 12s. on the following Sunday, which I did.
Police-constable JESSE FRIEND, Kent Police Force. I handed this lamp to Detective Walters. I found it tied to the shaft of a coster's barrow that prisoner was driving on September 27.
Verdict (Johnson), Not guilty. Prisoners were put back for trial upon other indictments. (See page 86).
BEFORE JUDGE LUMLEY SMITH. (Wednesday, November 23.)
THOMAS WILLIAM GRAHAM , 19, Andover Street. On October 2 I was with prisoner in the "Montague Arms" about 11.45 p.m. We had several drinks. I called her names I ought not to have done, and she threw a glass of beer in my face. I tried to dodge it and came in contact with the glass. It was not done with malicious intent; it was a pure accident.
Police-constable RICHARD SOMERVILLE, 339 Y. At 11.40 p.m. on October 2 I saw prisoner bleeding from a wound on the left eye. I said, "Who has done that?" He pointed to prisoner and said she had done it with a glass. I took her to the station. On the way she said, "He is always knocking me about and I gave him back one for himself." I asked what she did it with and she said a beer glass.
HENRY HORAES , manager, "Montague Arms," Benwell Road, Holloway. Prisoner and Graham came into our house at about twenty to twelve on the night of October 2. They were served with two glasses of ale by one of my barmaids. In a few minutes they started jangling about a pair of boots the man had under his arm. I had to go out into the street to get to this four ale bar. When I got there Graham and the woman were coming outside. He had his hand
up to his eye. I said, "What is the matter now." He said, "She has done it On me," or words to that effect. I went to the bar and found the broken glass produced.
Dr. LESLIE TROTTER gave evidence as to the injuries.
Verdict, Not guilty.
WOODOFFE, Horace (28, bailiff) , obtaining by false pretences from Peter Samuel Riebold the several sums of £2 10s. and £2 9s., his moneys, with intent to defraud; being a bailer of a typewriter, the goods of the Salter Typewriter Company, did fraudulently convert the said goods to his own use, thereby stealing the same.
Mr. Maxwell Thin prosecuted; Mr. W. W. Grantham defended.
PETER SAMUEL RIEBOLD , auctioneer and estate agent, 2, Canonbury Road, Islington. I have known prisoner since last May. I have had about half-a-dozen transactions with him before this one. I knew he was a certified bailiff. On August 19 he called at my office with a Salter typewriter and asked for it to be included in my forthcoming sale on the Tuesday. He said he had distrained upon it at 130, Upton Park Road, Forest Gate, and gave the name of Spencer for us to send the catalogue of the sale in case the tenant would like to replevy the machine. My clerk entered the address in the book in my presence. Prisoner asked if I would let him have £2 on account, as he had to pay the possession man. I said, "You can have more if you like. What have you distrained for?" He said he had distrained for £11. I said, "The machine will not realise £11, I should think about £5 or £6." He said there were only a few other things not worth bringing. I eventually gave him a cheque for £2 10s. as an advance. He signed for it in my ledger "August 19, advance on account of goods to be sold without reserve £2 10s." I wrote the entry. Here is his signature for the balance £2 9s. The sale took place on August 23. We had no communication from prisoner from the time he had the advance till he came for his money on the following Saturday week.
ALBERT COTTON , clerk to Mr. Riebold. On August 19 prisoner telephoned to say he was sending a typewriter for the next sale. I heard the message. Later on he saw Mr. Riebold. I was present. Prisoner said he had distrained upon Mr. Spencer at 130, Upton Park Road, for £11 and wanted the typewriter put in the sale. Prisoner asked for an advance and Mr. Riebold gave him a cheque for £2 10s. I got no telephone message from prisoner on the Monday or Tuesday. He called on the 27th. when I handed him Mr. Riebold's cheque for £2 9s. balance. He signed the ledger.
ALBERT MARTIN , traveller to the Salter Typewriter Co. I called on prisoner at Red Lion Court, Fleet Street, in response to a postcard received by our company from him asking a representative to call. We delivered a machine to him on August 17. He executed a hire purchase agreement on August 31, when he paid 25s. by a post-dated cheque. The machine is worth £21 9s. 6d.
Cross-examined. I am prisoner's mother. He has seen me at my house this year, often.
Sergeant PRYDE, N Division. I arrested prisoner. The machine was obtained from a Mr. Wyndham, trading as Desmond and Co., 45, Finsbury Pavement, E.C.
HORACE WOODROFFE (prisoner, on oath). On August 19 I took the typewriter to Mr. Riebold and told him I wanted him to lend me £2 10s. I told him I would be pleased to leave the machine with him for three or four days, possibly a week, until I repaid him. I got the typewriter for my office use. I am a certified bailiff of the Bloomsbury Court. I received a cheque from Mr. Riebold for £2 10s. and left the machine. The word "advance" was not on the cheque when I received it. Sale was never mentioned between us; if it had been I should have said certainly not. I knew the Salter Typewriter Co. could be telephoned to immediately. On Monday evening when I arrived home there was a catalogue waiting for me. I saw on looking through the items that the typewriter was included. It was late and I knew Mr. Riebold's office would be closed. Next morning I endeavoured to phone through from Fleet street public call office, but could not get through. At lunch time I again tried without success. Then I tried Cheapside. The call was answered by the boy Cotton: I told him I had received a catalogue late the previous evening and there was not time to write and he was to tell Mr. Riebold not to make a bloomer and sell the typewriter. The boy said, "It is sold." He could not have known that unless he went about 30 yards to the auction room. I said, "Who to." He replied, "I don't know." I said, "How much did it realise?" He said £5 10s. I then said, "Why did he sell it?" He said, "I don' know." I explained that it would get me into a nice muddle and left the telephone in disgust. I saw Mr. Riebold on the following Friday afternoon and asked his reason for selling it and he said he could not give me any satisfactory reason. I asked him who bought it, as it would be worth my while under the circumstances paying double the amount he had realised on it in order to have it back again. He could not tell me the buyer's name. I told him my position with the Salter Typewriter Co. and he said the only thing I could do would be to keep my mouth shut and pay as usual. I had no remedy except to pay it and make no demur. On Saturday morning I called and received the balance by cheque. I did not see Mr. Riebold after that. I tendered a monthly payment to the Typewriter Company, which was refused. I never mentioned 130, Upton Park Road to Mr. Riebold or the name of Spencer. Mr. Riebold came across that address some time previously. when I was mentioning my previous career before I was married. I lived then at 130, Upton Park Road. I was not a bailiff then. Mr. Riebold had previously advanced me money on a sewing machine about June this year. There was no sale of that. I had it back.
Cross-examined. I know I have no right to deal with hire-purchase articles or to hand the machine over as security. I do not know that
it is my mistake that the depositions state I had the machine about three weeks; it should have been three or four days. I am sure I did not say I telephoned four times. The last time I telephoned was at 2.15. I thought the sale would commence at half-past one. I thought a telephone message would have been sufficient without going to see Mr. Riebold himself. I had not time to leave the office and no one to leave in charge. I think I said at the police court that the word "advance" was written on the cheque after it came back to Mr. Riebold. I mentioned it to my solicitor.
MISS JANE WOOD , typist, 45, Finsbury Pavement. I saw an advertisement in the "Evening News": "Salter typewriter for sale; seven guineas or exchange for furniture.—Letters Lawrence, 4, Milner Street, Islington. "I made an appointment, and called there next morning. I saw the typewriter. I told him I had some furniture, and he came and saw it. I said the typewriter was very cheap for seven guineas. He said, "I seized this machine from a tenant of my own who owed me £11 for rent. The machine is no use to me. I know nothing about the value of the machine." We could not come to terms about the furniture. I said, "I will write you out a cheque. Will you be agreeable for Mr. Wyndham to call and see the machine." Mr. Wyndham went with me and said to him, "Is the title to the machine all right?" Mr. Riebold said, "I do not know whether it is paid for or not," and he repeated again he had seized it for rent owing by a tenant of his, and said, "I do not care whether it is stolen or not; that will make no difference to you. I have the distraint note, which you can inspect." He asked me to make the cheque to bearer, as he said he had no banking account, otherwise I should have made the cheque out in the name of Lawrence. I did not know his name was Riebold until I found out that the machine had been stolen. The Salter Co. representative told me Riebold was an auctioneer. I said, "Have you come to take the machine away?" I offered to show him my receipt. He asked me if I could show him the cheque; I said I could not, but if he liked he could come round with me to the bank. We went. He then asked would I take him to the party where I bought the machine. I said, "I will go now." We both went to 4, Milner Street, where I got the machine from. A lady came to the door. I said, "Is Mr. Lawrence in?" She said, "No; he will not be in till seven o'clock." I said I had bought a typewriter from Mr. Lawrence and the gentleman with me was from the Salter Co., and they claimed the machine as theirs. I called again at seven and saw the same lady. After keeping me waiting five minutes she said I could not see Mr. Riebold as he was ill in bed. I said, "I have come for the seven guineas and must see him." He came down and refused to give me the money. He told me he was Mr. Riebold, auctioneer and valuer, that the machine was taken by a bailiff, who had seized it from Forest Gate or somewhere, and brought it to his auction rooms, and he had sold it by auction to a gentleman who found it was no use to him, and that he had bought it back again. He did not tell me that before. He told me to go to hell. I went to the police. Mr. Riebold got there before me. The inspector said it was a case for a civil action.
JAMES RICHARD WYNDHAM . I am a shareholder in the firm of Desmond and Co., which Miss Wood runs. I called with her upon Mr. Riebold on September 1 or 2. (The witness confirmed the last witness's statement with regard to what Mr. Riebold said as to having seized the machine from one of his tenants.)
Sentence, Three months, imprisonment, second division.
Mr. E. E. Williams prosecuted.
THOMAS JOHN CORNISH , tobacconist, 87, Clerkenwell Road. I arrived at my shop about 9 a.m. on October 22 and found the window broken; one of the shelves was knocked down and seven pipes and three cigarette cases were missing. They are the articles produced.
Cross-examined. I identify one of the pipes because I made it myself.
Detective FREDERICK PEACHEY, L Division. From information I received I went to a coffee-shop at 95, Walworth Road, on October 22, at 9.30 a.m. I sat down by prisoner, and saw the pipes in his pocket. I had a cup of tea and waited for him outside. I asked what he had been offering to sell. He said, "That is your business; I will mind mine." Sergeant Heard put his hand in his pocket and took out several pipes. Prisoner refused to give an account of them. I took him to the station, where I again asked him how he became possessed of them. He said, "I gave 5s. for them." I asked him his name; he would not give it; I asked him where he lived; he said he did not know where he lived. I found out they were proceeds of shopbreaking.
Sergeant LUTHIE, E Division. I saw prisoner on October 22 at Carter Lane Police Station. I said, "I am going to charge you with breaking into 87, Clerkenwell Road, by breaking a shop window." He said, "How can you charge me with shopbreaking?" I took him to Gray's Inn Road Police Station, and in answer to the charge, he said, "I want to know what time the window was broken; I was in bed at 11.45 p.m. last night, and left Rowton House at eight o'clock this morning."
Police-constable NEVILLE, 284 E. I saw prisoner at 2 a.m. on October 22, near 87, Clerkenwell Road. He then went into Leather Lane and Hatton Wall, where I met him; he passed within a yard of me. At 2.30 a.m. the premises were secure. At twenty to four I saw the window had been broken by a large stone having passed through it, which lay on the glass shelf at the back.
Prisoner, called upon for his defence, said: I wish to say I was in bed the same night the constable says he saw me. It it a lot of lies.
Previous convictions were proved.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, November 24.)
Mr. Pickersgill, M.P., prosecuted; Mr. St. John McDonald and Mr. Gray defended.
ALBERT PAUL EVER , barman, "Greyhound" public-house, 32, Old Ford Road. On October 15, 1910, at 6 p.m., prisoner asked me to have a cigarette, then called for a pony of bitter, 2d., tendered a florin, which I rang on the counter, thought good, and gave him 1s. 10d. change. He was in company with another man. I put the coin on the till, on which there was no other florin. Prisoner then asked me to give him two shillings for another florin. I rang it on the counter; he said. "Break it up—it is duff." I thought he was joking, I rang the coin, was satisfied with it, and gave him two shillings. He then asked me if I would give him half a sovereign for five florins, which he handed me and which I took to my mistress. She sent me for the aqua fortis, marked the coins, and showed them to the prisoner. She seized prisoner's arm and told me to jump over the counter. Prisoner ran out. I found him 30 yards from the house and brought him back. He was perfectly sober.
MABEL SMITH , wife of James Smith, licensee, "Greyhound" public-house, 32, Old Ford Road. On October 15, at 6.15 p.m., Ever brought me five florins, which I found to be bad and showed the prisoner. I went to the till and found three more florins, which, when touched with aqua fortis, turned black. I said to prisoner, "These five you have given my barman in change for half a sovereign and these three I have just found in my till." He said, "No, not me." I caught hold of prisoner's sleeve across the counter; he broke away and ran out; he was brought back by two barmen and given into custody. Shortly afterwards, as I was serving in the bar, I found a parcel of ten florins wrapped separately in tissue paper on the counter close to where prisoner had been standing.
JAMES SMITH , licensee, "Greyhound" public-house. On October 15, at 6.45 p.m., my wife handed me eight counterfeit florins produced. Prisoner was brought back. I said, "What game have you been up to passing these off here?" He said, "Nothing, governor." I said, "Have you any more on you?" He said, "No, you can get over and search me if you like." Then he asked me to have a drink. I searched him and found in his waistcoat pocket two more florins wrapped in tissue paper. I handed the coins to the constable. Prisoner was perfectly sober.
Police-constable JOHN KNIGHT, 702 J. On October 15 I was called to the "Greyhound" public-house and saw the prisoner. Mrs. Smith said, "This man has passed a number of counterfeit coins," and handed me eight florins (produced), six dated 1909 and two dated 1907. She then said, "These three I took off the till; he paid them for
drinks." She then handed me two florins dated 1909 and 1907, which she said had been taken from prisoner's waistcoat pocket. I took prisoner into custody. He said, "All right, I will go quiet, I am innocent of this lot." I conveyed him to Bethnal Green Station, where he was charged. He said, "I am not guilty of this." I searched him and found 10s. gold, 7s. 6d. silver, and 6 3/4 d. bronze, good money. He was quite sober.
Sergeant THOMAS EDWARDS, J Division. On October 15, at 7.45 p.m., Mrs. Smith handed me parcel of 10 florins, separately wrapped in tissue paper, one dated 1901, four dated 1907, and five dated 1909.
Cross-examined. Prisoner had been drinking, but he was not drunk by any means; he was not very drunk. He has had a small shop at Battersea and he moved to Plaistow. I visited his home and found the daughter preparing dinner; she said she had not a penny in the world and the children had no food. I informed the relieving officer.
Re-examined. Prisoner quite understood what he was doing.
Prisoner's statement before the magistrate. "I was in drink and do not remember much about it."
HORACE HENRY FLAXMAN (prisoner, on oath). On October 15 I had a letter from my friend to whom I was selling my business that the excise authorities would not transfer the tobacco license until I went. I went to Aldgate by the tram, met a friend and had a drink; one drink led to another and I was too late to transfer the license. As I was going home, about 5 p.m., a man ran across the road to me and said, "Mind my money, as there is a couple of chaps following me with the intention of robbing me." I took it from him and the next I remember was being in a public-house with him and he told me to pay for a drink. We had two or three drinks and what I did after the first drink I do not know. As for my being sober, two days after, when I was in Brixton, I was put in the infirmary because the drink was not out of me.
Cross-examined. When I left home I had a sovereign and 2s. or 3s. I must have spent 5s. or 6s. The florins that I passed were the money that was given to me to mind. I did not notice their being in tissue paper.
Sentence, Nine months, hard labour.
Mr. Pickersgill, M.P., prosecuted.
tendered a 2s. piece, received 1s. 10d. change, and left. The manager spoke to me; I looked at the coin and found it bad. At about 7.30 prisoner came and again ordered a glass of ale and a packet of Woodbines and tendered a 2s. piece. I tested the coin, found it bad, and spoke to my employer. The prisoner was then given into custody and the coins handed to the police. I am sure he is the man who tendered both coins.
WILLIAM HIRGATE , manager, "Old Bound Table" public-house. On October 7, at 7 p.m., I found a bad florin on the till and spoke to Wilkinson. I little later she showed me a second coin which was also bad and spoke to me. I went into the bar and found the prisoner had left. I saw him as I was coming upstairs. I went after the prisoner, found him in Charring Cross Road, and brought him back. I asked him where he had got the coin. He said he had got it in change at the tube station. I called in Inspector Jacobs, who told prisoner that he had changed a bad 2s. piece. The prisoner said he had got it in change at the Tube Station.
Cross-examined. When prisoner was searched he said, "This is no game of mine." Prisoner did not attempt to run away—there were too many people about.
Inspector THOMAS JACOBS, C Division. On October 7, at 7.30 p.m., I was called to the "Old Hound Table" public-house when I found the prisoner and the two witnesses. Hirgate said, "This man has passed a bad 2s. piece to my barmaid. He had gone when the barmaid told me about it and I found him a little way down the Charring Cross Road." I said to the prisoner, "You hear what this gentleman says." I took him upstairs to the first floor and searched him. He said, "I changed a sovereign at the Tube Station this evening." Upon him I found a half-sovereign, four half-crowns, 1s., a 4d. piece, and 2 1/2 d. in bronze; also a purse, a betting slip, knife, and three packets of Woodbine cigarettes. I said to him, "You can consider yourself in custody for uttering a counterfeit 2s. with intent to defraud." He said, "Do not be silly, that is not my game." He was taken to Vine Street Police Station. When being charged he said, "Which coin are you charging me with?" I said, "One dated 1909." He said, "All right, but do not put the other on me." When charged he mad no reply. On the way to the cells he said, "Do you think I would do such a thing as this and then be found in Charring Cross Road five minutes afterwards?"
ARTHUR EMERY (prisoner, on oath). Although my record is not a blank I have never been in trouble for counterfeit coin. I left prison on September 24, went to stay with my sister, and on October 7 I went to get a situation as a barman—I had two half-sovereigns, two shillings, and a penny. I changed the half-sovereign at the Tube
Station, as I was afraid of giving it away for a sixpence: I then had a drink at the "Old Round Table," when the barmaid went away. I went out of the door to go into the other bar to ask for my change when the governor tapped me on the shoulder and accused me of passing a bad coin. I said, "Don't be silly, you have made a mistake, it is no game of mine." He got a constable. I never left the house at all. I was then charged with passing two 2s. pieces; I had never been in the bar before.
Convictions proved: November 13, 1909, North London Sessions, 12 months' hard labour February 20, 1901, North London Sessions, nine months' hard labour; September 20, 1907, West London Police Court, three months.; July, 1909, nine months' hard labour, all for stealing from public-houses.
Sentence, 15 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 24.)
GALLIVO, Joseph (30, barber) , unlawfully taking Elizabeth Sandow, an unmarried girl aged 17 years, out of the custody of Helen Sandow, her mother, in order that she, the said Elizabeth Sandow, might be carnally known by him, the said Joseph Gallivo.
Sentence, Ten months' imprisonment.
PRITCHARD, Frederick (35, coachman) , forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for the payment of £30 3s., with intent to defraud; attempting to obtain by means of a forged order for the payment of money, to wit, a banker's cheque, the sum of £30 3s., the moneys of Parr's Bank, Limited, with intent to defraud.
Mr. Wernincke prosecuted.
DAVID JONATHAN OYLER , forage merchant. This is a cheque (produced) I drew and signed for three guineas to the Radiator Company, to whom we owed that amount. The figures, £3 3s., have been altered to £30 3s., the "three" into "thirty." The crossings have been eradicated. It was posted at 5.20 p.m. on Saturday afternoon, October 29, with others, in the pillar-box opposite my office.
ALFRED SANDBROOK , manager, Radiator and Lamp Repairing Company, 216, Great Portland Street. Mr. Oyler owed us three guineas. We did not receive it on October 29 or 31. As to the endorsement on this cheque "H. Bruce," there is nobody of that name in our employ.
SAVILLE JASOB BANKS , cashier Parr's Bank, Cavendish Square Branch. On October 31 prisoner presented this cheque to me. Seeing that it had been tampered with, without saying a word I stepped back to speak to the chief clerk. While we were talking prisoner gradually went
towards the door. One of the clerks called out, "Stop him." He had just got outside, when our messenger rushed after him and brought him back. The crossings on this cheque had been obliterated badly and I can see that the £3 has been changed to £30.
FREDERICK WALTER BENNETT , messenger, Parr's Bank, Cavendish Square Branch. On October 31 I was standing at the door, when one of the clerks told me to stop prisoner. I ran after him and caught him at Dean Mews. He asked me to let him see his friends, but I brought him back to the bank, where he was given into custody.
Cross-examined by prisoner. You never said that you wanted to see the man who gave you the cheque.
Detective HENRY FITZGERALD, D Division. On October 31 I saw prisoner at Marylebone Police Station and told him what the charge was. He said, "I do not know anything about it, except a tall, dark man gave me the cheque to cash it." When the charge was read over to him he said, "I do not know anything about it, but I thought there was something funny about it when he gave it to me."
Prisoner, called on for his defence, handed in the following statement: About 11.30 on Monday morning, October 31 last, I happened to be in Regent's Street by the Polytechnic, when a gentleman (at least I thought so) came up and asked me if I was doing anything and wanted to earn a few shillings. I replied that I did. He then handed me a cheque and asked me to take it to Parr's Bank, Cavendish Square, and I was to ask for cash in gold. I took no notice of the cheque until I got to the bank. Upon handing it to the clerk I thought there was something wrong about it, as if something had been rubbed out or that it had been tampered with—I could not say what—but I waited for nothing; I walked straight out intending to see the man that gave me the cheque and tell him to see to it himself. I had not got many yards outside when the bank messenger called me. I then ran and he caught me. I told him I wanted to see a fellow up there (meaning the man that gave me the cheque). He said I was wanted at the Bank. I did not think for a moment I was doing wrong. I am a married man with four children and I have been out of employment eight weeks. I have characters without a blemish from when I started work and have never been charged with anything before in my life.
Prisoner handed up a number of testimonials from different people testifying to his honesty. Mr. Wernincke stated that the inquiries that had been made confirmed what was stated in the letters.
Verdict, Not guilty. The Recorder stated that nothing had transpired which went in any way against prisoner's character.
Ingram pleaded guilty. (See also page 77).
Mr. C. A. H. Black prosecuted.
August 12, but about five following morning I found the horse, van, the empty baskets, the blue rug, and a whip were missing, the value of the lot being £25. I should say the van would be worth at least £7; it had an excellent pair of shafts and had recently been painted. It was a covered van with hoops, and a tarpaulin. On September 4 I went with a police officer to Mr. Boyd's farm, where I identified some hoops as mine. On October 8 I went to Faversham, where I identified the van at Higgins's place. It had been repainted and the top had been removed.
Police-constable JESSE FRIEND, Kent Police Force. At between 2.30 and 3 p.m., on August 13, I saw at Polhill Johnson driving a pony and a van, with a horse tied behind. Ingram was sitting beside him. The van had no cover. On August 17 or 18 I found some van hoops in a cornfield, which I put into Mr. Boyd's stable. I went there with prosecutor, who identified them at his property.
HIGGINS, marine store dealer, Faversham. About 9 a.m. on September 23 Johnson came to my store, bringing a load of rags in a van. There was a little pony in the shafts. He asked me whether I knew of anybody who had got something lighter to suit Ms little pony. I said I had a little barrow which I did not want. He found it suited him, and he offered to exchange the van for it and 30s. Ultimately I gave him the barrow and a sovereign, and took the van. He gave me a receipt. Subsequently prosecutor came and identified the van as his.
Detective-sergeant GEORGE WALTERS, V Division. I took Johnson in custody. On the way to London in the train, he said, "I bought another van off him (Ingram) for 12s., and I got a receipt for that." After he was charged and placed in the cell, he sent for me, and said he wished to tell me the whole truth in the matter. After I had cautioned him he made a statement.
Verdict, Not guilty.
Prisoners were further indicted for stealing a van, the goods of Joseph Whitman.
Ingram pleaded guilty.
Mr. Black offered no evidence against Johnson, and he was formally acquitted.
INGRAM, who had pleaded guilty to three indictments, confessed to a previous conviction of felony at the Cardiff Quarter Sessions on January 7, 1909. Five previous convictions were proved against him. He was stated to be an expert horse thief.
Sentence, Three years' penal servitude on each indictment, to run concurrently.
BEFORE THE COMMON SERJEANT.
(Friday, November 25.)
Mr. Pickersgill, M.P., prosecuted.
FLORENCE HAMMOND , barmaid, "King's Head," public-house, Vallance Road, Whitechapel. On October 14, at 8.30 p.m., prisoner called for 1 1/2 d. of rum, tendered florin, which I put on the till and gave 1s. 10 1/2 d. change; a minute afterwards Block, the landlord, told me it was a bad florin. About 10 minutes afterwards I saw the prisoner enter another bar, where he was served by Block, to whom I made a communication. I then told prisoner that he had passed me a bad 2s. piece—I wanted the value of it and he was to clear out of the house. He said, "No, I only gave you 2d. and I have not got any money to pay you back the 2s." Prisoner was sober.
Cross-examined. Prisoner did not come twice into the same bar. He did not give me 2d. the first time. Block also told him that he wanted the money for the other 2s. piece.
JOSEPH BLOCK , licensee, "King's Head" public-house. On October 14, about 8.45, prisoner ordered of me 1 1/2 d. of rum and tendered bad florin produced. I told him it was bad. Hammond then spoke to me and I told prisoner that he had already passed a bad florin. He denied it and stated that the florin he had handed me was good. I made a mark on it and showed it him. He made no reply. I called a constable in and gave him into custody. Prisoner was quite sober.
Cross-examined. When I told him the coin was bad prisoner did not say, "I am sorry, I did not know." Prisoner did not run away—I jumped over the counter and called in a constable who was at the door.
Police-constable HARRY GIBSON, 23 HR. On October 14, at 8.45,. I was called to the "King's Head." Block said, "This man has just come in and asked for 1 1/2 d. of rum, tendered this bad 2s. and he is recognised by the barmaid as having passed a bad 2s. piece just before." I said to prisoner, "You hear what the landlord says; I shall arrest you and search you." Prisoner seemed dazed and said, "A man gave me 5s.—I do not know his name—it was two half-crowns." I found upon him four sixpences, 7 3/4 d. in bronze, five pawn-tickets, and a pocket-knife. I took him to the station, where he was charged. He said, "It ain't a game of mine." He seemed to have been drinking and smelt strongly of rum. I believe he knew what he had been doing; he appeared excited.
Cross-examined. He did not say his brother-in-law had given him 5s.
Sergeant HENRY DESSENT. I saw prisoner brought into the station. He gave the officer in charge his correct name and address—24, Daubeny Road, Clapton. I asked him if he could refer me to anyone for whom he had worked. He gave me addresses where I found he has been employed as a potman for ten years past; he bean an excellent character as a sober, industrious, and honest man.
ARTHUR HEDGES (prisoner, not on oath) stated that he had obtained 5s. from his brother-in-law; that he had told the police so; that he had not passed the first 2s. piece, but had paid for the rum in the first case with two pennies.
Verdict, Not guilty.
Detective-sergeant JOHN BEARD. On October 28, at 9.30 a.m., I was in Temple Street, Kennington, with Detective-sergeant Dowers, when I saw the prisoner with another man leave 9, Temple Street. I followed them, Dowers going round another turning. I saw prisoner take something bright from his vest pocket. He appeared to observe me, and walked across the road; the other man ran away. I caught hold of prisoner, and said, "I am a police-officer; I believe you have some counterfeit coin on you, and shall search you." Dowers came up, and in consequence of what he said I left prisoner and went into 39, St. Gabriel Street, where I stopped the other man. Dowers brought prisoner in, searched him, and found four counterfeit sixpences (dated '07) upon him (produced); one has the guest adhering to it, the others are not quite finished. Prisoner said, "It is all right, do not worry; I will be quiet, I will not give you any trouble." He was taken to Kennington Lane Police Station, where in his vest pocket was found a small file. I went to 9, Temple Street, and in the first floor front room I found a saucepan with marks of metal in it, plaster of Paris, a piece of fat, piece of glass, some antimony, and a piece of potato. I then went to 39, St. Gabriel Street, and in the basement front room I found a saucepan, a piece of glass, and a piece of fat. I took all the articles to the station and put them on a table. Prisoner said, "Am I to be charged with making?" I said, "No." He said, "Oh, that is all right, because I want to know. There is not sufficient there to charge me with making." He made no reply to the charge. A short time afterwards Mrs. Gardiner, of 39, St. Gabriel Street, handed me piece of metal and a paper bag of plaster of paris (produced).
Cross-examined. I found the saucepan in the passage of 9, Temple Street; the glass was underneath the washstand. I had been watching 9, Temple Street, under the instructions of my inspector. Prisoner did not give me any information about 9, Temple Street. I have heard that prisoner has given information to the police. He once told me that some men were going to Ascot Races with £7 10s. worth of counterfeit money. I and other officers watched Waterloo Station, found that the persons did not leave, and I afterwards found that they were in
St. George's Street. I notice the saucepan is cracked; I cannot say if it was cracked when I found it. Prisoner has repeatedly come to me with information, and I have given him small sums of money, but I have arrested no one on his information. In March, '08, he gave information about a man who was arrested as a suspected person, and was sentenced to a month's hard labour. I have given him in small sums (about £1) when he said he was hard up.
Sergeant ALFRED DOWERS corroborated the last witness.
Cross-examined. I found the saucepan in a cupboard in the room; the glass, plaster of paris, and antimony in the table drawer.
HELENA GARDINER , 39, St. Gabriel Street. Prisoner occupied the front basement room at 39 for three weeks up to his arrest. On October 28, outside the prisoner's door under a mat, I found piece of metal wrapped in paper. In the dustbin I found parcel of powder (produced). I handed them to the police.
ELIZABETH WYERS , 9, Temple Street. For the past six or eight months prisoner has come to my house daily for meals, which he has had in the first floor room. I sometimes send his dinner out to him; he goes out with an organ.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. The four sixpences (produced) are counterfeit, and from the same mould. They are unfinished, one of them has the gate attached. The file has marks of metal upon it; the plaster of Paris, antimony, glass, and piece of molten metal are used for coining.
Detective-sergeant GEORGE WHITMORE, L Division. On two occasions prisoner assisted me and another officer in arresting four persons for uttering and making counterfeit coin. He has given information on two occasions. On the first occasion in February 1909, he was at Lambeth Police Station sentenced to ten days for begging. He asked me to give the magistrate evidence as to his previous history, which I did. After he came out of prison he said. "You have done me one good turn, I will do you one—if coiners come to my knowledge I will inform you." In June, 1909, he told us of two men who were uttering coin and I arrested them. On the second occasion he brought me a bad coin and I gave him 2s. for it.
HARRY STROHM (prisoner, on oath). I was sentenced in 1906 for coining and when I came home in 1906 I went to live at 19, St. Gabriel Street. Sergeant Beard and Sergeant Jeffries used to call on me and I always had it drummed into my ears they could always get me £3 if I could give them information at any time by putting away some of my friends; that is how I came to be a detective's "Nark." I assisted Beard by informing him of a man who tried to break into a shop and he gave me 4s. outside the police-station. In another case of coining Beard promised me £3 and only gave me 4s. In another case Sergeant Tonbridge and other officers had information from me; two men were
taken into custody and I received 30s. from the Commissioner of Police; that was in 1909. Some time after that I got "in the know" of two other men who were coining and gave information to Sergeant whitmore at Rodney Road Police Station. The two men were taken and charged and I again received 30s. from the Commissioner of Police; that is about 12 months ago. I signed the receipts in the name of Frederick Saleby because the officers told me I must not sign it in my own name.
Cross-examined. I admit the possession of the plaster of Paris and antimony. It was given to me because I was trying to run down some more men—by a friend—a man I was trying to run down—I received it four days before I was arrested. I could not tell you the name of the man who gave it me.
Sentence, Four years' penal servitude.
Mr. Pickersgill, M.P., prosecuted.
EPHRAIM FRIEDMAN , 32, Old Montague Street, White chapel, fruiterer. On November 3, 1910, at 11 p.m. prisoner bought of me 1/2 lb. of apples, handed me half-crown produced, received two shillings and five peace change and left. I then noticed the Coin was bad. Half an hour afterwards he came back, bought two penny apples and tendered another half-crown, which I saw was bad. I caught hold of him and said he had given me a bad half-crown, and that he had given me one before. He said, "It is a good one." I then gave him into custody.
Cross-examined. At the police court I said, "I was just testing the bad coin as I handed the change and then he suddenly disappeared." My shop is five and a half yards from the nearest turning.
Police-constable JOSEPH OWEN, 385 H. On November 3 at 11.30 p.m. I was passing prosecutor's shop on the opposite side of the road, when he called to me; he had hold of the prisoner, and said that he had previously passed a bad half-crown and that he had now bought 2d. of apples and tendered another bad half-crown. I took him to Commercial Street Police Station, where he was charged. He said, "I gave 2s. 5 1/2 d. and a 1/2 d. newspaper for the half-crown." I found on him two pennies.
Cross-examined. I have seen prisoner selling newspapers in Commercial Street.
CHARLES HOLT (Prisoner, on oath), street newsvendor On November 3 I was selling papers from 5.30 to 10.30 p.m., when I received a half-crown for a 1/2 d. paper giving 2s. 5 1/2 d. change. As I was passing prosecutor's shop I thought I would buy a penny apple. I met a man I know
as John Campbell and asked him if he would like one. He said, "Yes," and I asked prosecutor for two penny apples, giving him a half-crown. He said it was bad; I had one penny on me, and Campbell gave me another penny for his apple, which I was about to pay to the prosecutor, when I was arrested. That is why the two pennies were found upon me.
Police-constable JOSEPH OWEN, 385 H, recalled. I did not see any money pass. I did not take the other man into custody, but he came to the station.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, November 25.)
Mr. Pierson prosecuted; Mr. Litt defended Hart.
ALFRED BENNETT . About 1 a.m. on October 1 I was walking with a woman in Wentworth Street, Commercial Street, on the pavement, when I was surrounded by four or five men. Hodges struck me in the face and tried to go down my back pocket, while the others tried to go down my front trousers pockets. I struck out and ran away from them, as I did not see any policemen about and I saw two men coming up who I thought were two of the gang. These two men ran after me and I was stopped by two policemen. I was brought back, where I recognised Hodges, who was in custody. I recognise him now. I had had several glasses to drink, but I was quite sober. I did not lose anything.
Cross-examined by Hodges. On coming back I told the police that you had struck me. You and another man were taken to the station. I charged you with hitting me at the station. I did not charge the other man at all; he was taken there by mistake. You said I was drunk and I said I had had a glass or two. The woman I was with refused to give any evidence and she was told to go. I did not know she was a prostitute.
Cross-examined by Mr. Litt. The only prisoner I recognise is Hodges. It was rather a bad light there. There was no lamp-post Hear. (To the Court.) All the men seemed to be working together.
Police-constable AMBROSE RAYNER, 130 H. At about 12.45 a. m. on October 8 I was on duty at the top end of George Yard, Wentworth Street, in plain clothes; I was dressed very rough and dirty. I was with Police-constable Christopher, who was similarly attired. I saw prosecutor coming through Wentworth Street in the direction of Brick Lane with a woman. The three prisoners, with two other men,
not in custody, went and hustled him. Hodges went on his right side and struck him in the face. Rayner ran from behind, and jumping on his back threw his arms round his neck, and Hart went on his left side and tried to get his hand into his left pocket. I ran and caught hold of Hodges as he was in the act of trying to get his hand into prosecutor's pocket. He said, "I have not got any of it, guv'nor." Christopher caught hold of Rayner, but as we knew him and Hart so well he let him go and ran after prosecutor and brought him back. Rayner and Hart ran away. Prosecutor was brought back to where I was holding Hodges. At 12.45 next morning I arrested Rayner in Commercial Street. I told him I was a police officer and should take him into custody (this is a note of what he said which I took at the time) for being concerned with Harry Hart, Arthur Hodges and two other men not in custody in assaulting this man and attempting to rob him in Wentworth Street yesterday morning. He said, "I thought that that was what you were leaning up against 'the boozer' (public-house) before." I know all three prisoners by sight and I recognise them as having been in the crowd.
To Hodges. A man in the crowd pointed out a man as being one of those who took part in this and he was taken to the station. Prosecutor could not identify him and we were satisfied that he was not one of them, go he was discharged. I did not run after prosecutor and the woman.
To Rayner. I have known you for over three years. I did not know where you lived at the time, because you were continually changing your address. I did not say at the police-court that it was Hodges who got on to prosecutor's back.
To Mr. Litt, I was about four or five yards from where this took place. This district is lighted badly, but at this particular spot there was a good light, because there was a lamp-post just there. It was a very good light. Hart and another man came and stood in the actual doorway where I was. Prosecutor came along the centre of the road. As soon as they made a rush at him we ran too and arrived at the prosecutor at the same time. Hart was knocked down; he was hit hard in the face. I saw a mark on his face and drew attention to it at the police court.
Police-constable DAVID CHRISTOPHER, 481 H. About one a.m. on October 8 I was on duty in plain clothes with Police-constable Rayner in Wentworth Street, when we saw prosecutor coming from Commercial Street through Wentworth Street with a prostitute. The three prisoners with two others not in custody went and hustled him. Hodges got hold of his right arm and Hart got hold of his left, attempted to go down his left-hand trousers pocket, and Rayner jumped on his back. Police-constable Rayner arrested Hodges and I arrested Rayner. Prisoners ran through George Yard into Whitechapel Road and I went after him, as I was afraid of losing him and I knew Rayner well. He was stopped by a police-constable and I took him back to Wentworth Street, where Hodges was being held in custody. Prosecutor pointed to him and said, "That is one of the men who assaulted me." He was taken to Commercial Street Police Station and when charged he said, "I strongly deny the charge." I know Rayner and Hart quite well. At 9.45 p.m.
that same day I saw Hart in Flower and Dean Street. I told him I was a police officer and should take him to Commercial Street Police Station for being concerned with Arthur Hodges in custody and three other men not in custody with assaulting and attempting to rob a man in Wentworth Street that morning. He said, "Why did you not 'pinch me last night? You saw me there." When taken to the station and charged he made no reply.
To Hodges. I did not force prosecutor and the woman to come to the station. The woman was in the station only five minutes; she was told to go. She did not say the prosecutor was drunk.
To Mr. Litt. I was about 15 ft. away from prosecutor when I first saw him. It was not very light there. There was a lamp on the opposite of the road, about 20 ft. away. When arresting Hart I did not say I had seen him there; and he did not say, "Why didn't you pinch me last night when you saw me there."
HODGE'S statement before the magistrate. "I was standing by when the man came and demanded money from the woman, who was a prostitute. The woman gave the man 1s. 6d. He then said, 'Is this all you have got?' She said, 'Yes., He then struck the woman and struck the prosecutor, and ran away. The police went after prosecutor and the woman, and fetched them back. Presently the man came up who had struck the woman, and stepped right beside me. The two detectives came out of the turning with the prosecutor and the woman, and seized hold of me and the other man. The other man was taken to the station and charged the same as I was. After staying three-quarters of an hour at the station the woman said she refused to give any evidence, and she did, not see who struck the man, and he did not see him. The woman said she had not wanted to come to the station, and he was let out. The man protested his evidence (? innocence), and one of the detectives said, 'I do not think he had anything to do with it.' He said it was a man like him, with a collar and tie on. The man was let go, and I was charged."
RAYNER'S statement. "I do not know anything about it. I want to call my wife and Mr. Morgan."
HART'S statement. "I do not know anything about it. I want to call my wife."
ARTHUR HODGES (prisoner, on oath), repeated the statement he had made before the magistrate, and added: When the policemen came back with the prosecutor and the woman, one of them saw me and the other man, and he said, "There's two over there. Let us have them." The prosecutor only charged me with assault at first, and then I was charged with assault and attempt to rob. I never touched the prosecutor. I was not half a yard away when the row commenced. Although the prosecutor charged the other man they let him go.
Cross-examined. I live about five minutes away from where this happened. I was doing night work at the Cannon Wharf, Wapping, and I was on my way to it.
FREDERICK RAYNER (prisoner, on oath), 4, Essex Road, Kingston' Road. I went to "The Olympia," in Shoreditch, with my young woman. I came out at 12 p.m., and met one of my "chaps" outside, and leaving her to go home by herself, went with him to "Gardner's" and had a cup of tea. At 12.30 I left there and went round Brick Lane and down Flower and Dean Street, where I bought some cigarettes at a coffee-stall. As I came by the "Princess Alice" public-house these two officers were leaning up against there, and they did not say a word to me until I got 100 yards away. Then I heard somebody running behind me and I was arrested. I told them I had only just left one of my chaps and knew nothing of it. I have been trying my hardest to get an honest living. (To the Court.) I saw nothing of a scuffle. I was arrested the night after this happened. The street was empty where I was walking through.
HARRY HART (prisoner, on oath). In the last five weeks I have lived at Duckett Street, Stepney, and have been in bed before 11 o'clock as I have to get up early in the morning. The place where this happened is 2 1/2 miles away from where I live. I was in bed asleep when it occurred. When I was arrested one of the constables said', "He is not the one, but never mind, stick to him." It was on the Way to the station that I said, "Why did not you pinch me last night? You saw me there," and after they had told me they had seen me.
Verdict (all), Guilty.
Hodges confessed to a previous conviction of felny at the Newington Sessions on November 24, 1908; and Rayner to a previous conviction of felony at Newington Sessions on February 9, 1909.
Sentences, Rayner, 14 months; Hodges, 18 months; and Hart 12 months, each with hard labour.
BEFORE MR. JUSTICE DARLING
(November 18 and 19.)
MACKENZIE, Elizabeth Smith (23, housekeeper) and HIGGINSON, George (34, engineer) . The indictment contained the following counts: (1) That the defendants conspired that Mackenzie should commit an indictable misdemeanour against the Criminal Law Amendment Act, 1885, i.e., to procure Virginia Gadois Buchanan, being a girl under the age of 21 years and not a common prostitute nor of known immoral character, to have unlawful, carnal connection with Higginson. (2) That defendants conspired to procure V. G. Buchanan to have unlawful carnal connection with Higginson and so to contravene and set at nought the provisions of the Criminal law Amendment Act, 1885. (3) That defendants conspired, by unlawful and impure means to cause and procure that V. G. Buchanan should; commit whoredom and fornication with Higginson and so to debauch and debase her. (4) That defendants conspired that V. G. Buchanan, being an unmarried girl, should commit whoredom and fornication with Higginson and that Higginson should have unlawful carnal connection with her. (5) That defendans conspired to cause and procure persuade and induce V. G. Buchanan, being a virgin, by divers impure and indecent ways to have unlawful carnal connection with Higginson. [Counts 3, 4, and 5, Common Law Conspiracy Counts.] (6) That Higginson committed an indecent assault upon V. G. Buchanan. (7) That Mackenzie procured V. G. Buchanan, being under the age of 21 years, and not a common prostitute or of known immoral character, to have unlawful carnal connection within the King's Dominions with Higginson, and that Higginson unlawfully aided and abetted her in the commission of the said misdemeanour. Counts 8 and 9 were similar to Counts 7, only varying the date. Counts 10, 11, and 12 were similar to Counts 1, 2, and 7, but related to a girl named Bessie Thompson.
Mr. Bodkin, Mr. Travers Humphreys, and Mr. Montagu Shearman, junior, prosecuted; Mr. A. S. Carr defended Mackenzie (at the request of the Court.)
At the close of the case for the prosecution.
Mr. Carr submitted that there was no evidence on which Mackenzie could properly be convicted. The indictment contained twelve counts. The first two charged a conspiracy to commit an offence against the Criminal Law Amendment Act, 1885,. sec. 2, sub.-sec. 1; the next three charged a common-law conspiracy; count 6 charged Higginson with an indecent assault on Buchanan; countes 7, 8, and 9 charged Mackenzie with procuring Buchanan "being under the age of 21 and not a common prostitute or of known immoral character" to have connection with Higginson; the last three counts related to the girl Thompson. The word "procure" had not been defined in any reported case. Mr. Carr submitted that the offence of procuring was complete when the girl had been induced to leave her home or other place in which she lawfully is and to enter into the service or otherwise into the custody of the accused for the purpose of being carnally known. The evidence here was that Buchannan had answered an advertisement in a Dundee newspaper for a lady's maid; that the negotiations took place between Buchanan and Mackenzie in Dundee, and were in fact completed there. The charges, therefore, should have been brought in the Scottish Courts. (Cited R. v. Boulton, 12 Cox, p. 87.) Mr. Carr next submitted that the conspiracy counts 1 and 2 must fail. The sub-section referred to "procuring any girl to have unlawful carnal connection. with any other person or persons." Higginson could not be charged with procuring the girl to have connection with himself; he could not be charged with conspiring to commit an offence which itself he could not have committed; therefore the conspiracy charge must fail as against both prisoners. (R. v. Whitchurch, L.R., 24 Q.B.D., p. 420; R. v. Duguid, 75 L.J., K.B., p. 470; R. V. Crossman 21 Cox, p. 605, 24 T.L.R. 517.) With regard to the counts alleging a common-law conspiracy, Mr. Carr referred to R. v. Lord Grey (1 East, P.C., pp. 459, 460), R. v. Delaval (3 Burr., p. 1434), R. v. Mears (2 Den., p. 79, 4 Cox, p. 425) and R. v. Howell (4 F. and F., p. 160), and also to the comments on those cases in the late Mr. Justice Wright's "Law of Criminal Conspiracies," and contended that the balance of authority was in favour of the proposition that conspiracy counts must relate to some act which would be an offence if committed by one person alone. On the counts relating to the girl Thompson, Mr. Carr submitted that there was no case to go to the jury.
Mr. Bodkin, having replied upon the Thompson case, dealt with the argument upon the conspiracy counts. He submitted that the fact that, on the strict construction of the sub-section in question, Higginson was not a substantive offender, did not prevent his being joined with the person who might be a substantive offender on the charge of bringing about the illegal consequences which the sub-section was intended to prevent. Count 4 charged a conspiracy
to commit a misdemeanour. Under the Accessories and Abettors Act, 1861, s. 8, "Whosoever shall aid, abet, counsel, or procure the commission of any misdemeanour whether the same be a misdemeanour at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted and punished as a principal offender." Higginson was properly charged as an arider and abettor in this case, in conformity with the normal practice in charges under the Debtors Act, 1869, s. 11. (Archbold, 24th Edition, p. 1456.) As to the counts for common-law conspiracy, there are many acts of a mischievous character which, done by one person, cannot be made punishable, but which, done in combination, are against the public interest and may be punished as an unlawful combination. Mr. Bodkin submitted that when in combination two persons are agreeing to bring about an immoral state of things, it is brought within the usual illustration of conspiracy, which is, either an agreement or combination between two or more persons to do an unlawful act—forbidden by statute or otherwise—or to do a lawful act by unlawful means. (Cited Arch bold, 24th Edition, p. 1412;" Conspiracies to do acts against public morals or decency may be said to fall under this head, because the acts would at one time have been punishable in the ecclesiastical courts if not in the common law courts. Thus it has been held indictable to conspire to entice a woman under age from her father's house to live in fornication, or even to carry her off with her own approval for that purpose.") Further, apart from authority, Mr. Bodkin asked his Lordship to rule (in order that authoritative decision of the Court of Criminal Appeal may be obtained) that to do and procure to be done what had been done by these two prisoners is a thing which is against the public interest, to the public scandal, and against public morals, and is in itself a common-law misdemeanour.
Prisoner Higginson submitted that there was no evidence to show that he was concerned in aiding, abetting or procuring Buchanan; it had not been shown—that he knew of her existence before she came to his house, that he joined in any way in engaging her, that Mackenzie had his authority to engage her or to use his name as "Mrs. Higginson," or that she in fact acted as his agent.
Mr. Justice Darling. I do not understand the word "procuring" as used in this Act of Parliament to be limited to inducing the girl to leave Scotland in order to enter service in England. There is evidence to show that the procuring (to have carnal knowledge) took place after the girl was in London, and in the house occupied by the two prisoners. With regard to Count 1, I am of opinion that an offence in law is charged, and that there is evidence to support it. The offence alleged is that these two accused persons conspired that Mackenzie should commit an indictable misdemeanour, namely, the procuring of Buchanan, "being," etc., "to have unlawful carnal knowledge of Higginson." That was an offence in Mackenzie if she conspired with anybody to commit it, and it is not the less an offence because her fellow-conspirator (as alleged) was Higginson himself. As to Count 2 (alleging that on certain dates the prisoners conspired to procure Buchanan to have connection with Higginson), I think that is an oneness rightly charged, although Higginson could not have been indicted as a principal under the sub-section for procuring the girl to have connection with himself. As to Counts 3, 4, and 5 (common-law conspiracy), I am of opinion that the acts charged are improper acts, acts against good morals, against the public policy of the country, although they are acts which separately are not punishable at law when done by one person. I hold that these counts charge an offence at law; i.e., a conspiracy to do the separate things which those counts allege the conspiracy to be aimed at. As to Counts 7, 8, and 9 (charging Mackenzie with, on certain dates, "procuring" Buchanan, "not being," etc., to have connection with Higginson, and charging Higginson with aiding and abetting her in the committing of that misdemeanour), I am of opinion that the offence is rightly charged and that there is evidence that I should leave to the jury. It is clearly an offence which can be committed by Higginson; that is to say, it is an oneness in which he may have aided and abetted.
With regard to the charges as to the girl Thompson, Mr. Justice Darling held that there was not sufficient evidence. As to the points raised by Mr. carr
upon the conspiracy counts, his Lordship thought it was desirable to secure the considered judgment of the Court of Criminal Appeal, and said that in the event of a conviction, he would at once grant leave to appeal
Verdict (both prisoners), Guilty on all counts, except 10, 11, and 12 (relating to Thompson).
Sentence, Mackenzie, one year's imprisonment; Higginson, two years' imprisonment, on each count, to run concurrently.
[NOTE.—These prisoners appealed. On December 13, 1910, the Court of Criminal Appeal dismissed the appeal and upheld the ruling of Mr. Justice Darling as above reported, except as to the Common Law Conspiracy Counts 3, 4, and 5, as to which the Court expressed no opinion, their validity not being argued, and the conviction and sentences being good upon Counts 1, 2, 6 and 7, 8 and 9.]
BEFORE THE COMMON SERJEANT.
(Wednesday, November 16.)
GORDON NORRIS , the "King's Head" public-house, Broadway, Stratford. A little after four o'clock on October 3 I was serving customers in the bar. Prisoner came in and asked for a glass of ale, tendering a 2s. piece in payment, which on being tested turned black. I was out of prisoner's sight when I tested the coin. When I came back he was gone. He did not stop for his change, nor did he drink his ale. I jumped over the bar and went after him. I followed him along the Broadway, and saw him jump on to a tram. I got the conductor to stop the tram. I caught hold of prisoner and asked him if he was coming back for his change. He replied, "I did not know it was bad." We had a struggle, during which Sergeant Marshall came up, and I gave prisoner into custody. The coin (produced) is the one prisoner gave me, and which I handed over to Detective Marshall.
ADA JONES . I am employed at an eel pie shop in Angel Lane, Stratford. At half-past three on October 3 prisoner came in to buy a penny eel pie, for which he gave me a 2s. piece. I had not sufficient change in the shop, so I went to get change from a neighbour at Rundle's, the greengrocer. I gave the prisoner 1s. 11d. change. The bag (produced) is the one in which I wrapped the eel pie I sold prisoner.
To Prisoner. I did not know that the coin was bad when I received it.
ALICE HOWLAND , shop assistant, 50, Angel Lane. On October 3, about half-past three, I changed a 2s. piece for the last witness. I noticed that it was very shiny. Later on I handed it to Sergeant Marshall. I rubbed my thumb on it, and some of the stuff came off in my hand.
Detective-sergeant MARSHALL. At half-past four in the afternoon of October 3, in Broadway, Stratford, I saw prisoner being detained by Detective Norris, who said to me, "This man has been been trying to pass a bad coin." Prisoner at this time was lying on his back, surrounded by a crowd of people. On searching him at the station I found a good sixpence on him and a meat pie in a bag. I went to Angel Lane and got the florin in question from last witness. Prisoner was afterwards identified by Ada Jones. I showed Ada Jones the meat pie in the bag taken from prisoner, and she said it was the meat pie that she had sold him. Prisoner was not drunk, though he had been drinking.
Numerous previous convictions were proved against prisoner, "commencing on October 31, 1887, he having been convicted eight times of felony, three of robbery with violence, and having served eigt terms of penal servitude.
Sentence, 18 months, hard labour.
Police-constable DOUGALD GILLIES, 943 K. About 11., p, m. on October 15 I was on duty outside the "Colegrave Arms," Leyton, Essex. I saw prisoner struggling with the barman at the door of the house. I asked what was the matter, and Mr. John Brady, the manager, said, "This man has tendered a counterfeit coin." I searched prisoner and found in his waistcoat pocket a counterfeit sixpence, which I broke. I asked him if he had any more in his possession, and he said "No." I told him I should arrest him for uttering a counterfeit sixpence and having in his possession another one. On the way to the station a young lad named Gent gave me a purse which he said he had found outside, the public house on the pavement. The purse contained 18 counterfeit coins. On searching prisoner I found that there was no bottom to his trousers pockets. There were some parts of his clothes that I did not search.
Cross-examined by prisoner. I found 1s. worth of coppers and a farthing in your waistcoat pocket. The 6d. that is now, broken I found in the upper vest pocket, not in the same pocket as the bronze.
JOHN KELLY , barman, "Colegrave Anna," Leyton. At 11 p.m. on October 15 prisoner came in and asked for a drink, tendering in payment a sixpence, which after looking at I took over to the manager, saying, "This is a bad sixpence." I went back to prisoner and asked if he had any more, at the same time putting it in my teeth and breaking it in halves. When I asked prisoner that he drank up his beer and rushed for the door. I jumped over the counter and caught hold of him by the collar. He struggled with me, and pulled me towards the door. The barman who was, at the door stopped him from getting out. Police-constable Gillies saw us struggling and came in.
To prisoner. It being closing time, one door was closed. You dragged me over towards the open door.
JOHN BRADY , manager of the "Colegrave Arms." On this night Kelly showed me a coin which was bad. Afterwards I saw Kelly struggling with prisoner near the door that was closed. They struggled on to the next door which the potman was holding open to let the customers go out. I saw prisoner searched by Gillies and the other counterfeit sixpence found in his top left-hand waistcoat pocket.
ALFRED ERNEST GENT (14, milk boy). On the night of October 15, about 11 o'clock, I was outside the "Colegrave Arms," where I saw prisoner with Brady and a policeman. I followed about three or four yards behind them. While doing so I kicked against a purse, which I picked up, about a couple of feet from the off-license bar. The purse was handed to the policeman. Prisoner said, "Where did you find that purse?" I said, "Outside the off-license bar door of the 'Colegrave.'" I did not open it.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. The two coins (produced) are both counterfeit; one is dated 1906 and the other 1908. There are 18 others in the purse (produced), four dated 1906 and fourteen 1908. The two broken sixpences are from the same moulds as those in the purse.
JAMES ROSE (prisoner, on oath). On October 15 at 11 o'clock at night I was going to a butcher's shop in the Cannhall Road to buy a frozen ox heart. When passing the "Colegrave Arms" I crossed over the road to go to the lavatory. About two yards before I got there I kicked against something that chinked. I stooped down and saw it was two sixpenny pieces. I picked them up and put them in my top waistcoat pocket. I said to myself, "I will treat myself on my good fortune." I went into the "Colegrave Arms" and called for a glass of mild and Burton. Unfortunately, I was just in time to be served. When I tendered the 6d. the barman went straight up to the manager, had a few words with him, came back swiftly and jumped over the counter. He got hold of me and put his knuckles down my collar. I said, "What are you doing of?" I strongly resisted him, but he held me by the throat. He said, "How many of those have you got about you?" I said, "What do you mean?" He said, "Bad sixpences." I said, "None that I am aware of." The policeman came in and searched me thoroughly. He undone all my clothing, searched all my pockets, caught hold of my left boot, told me to walk to the other, side of the bar while the staff looked over the floor. Then he searched me again, but could not find anything except a shilling's worth of coppers that I was going to buy the heart with. The manager said, "I will give him in charge." The policeman got hold of me by the left arm and led me to the station, and the manager got hold of the other arm. About 60 yards down the road a lad ran after us and said he had picked
up a purse. The police officer said to me, "Is that your purse?" I said, "You know I have no purse, you searched me," I was taken to the station and charged with uttering a counterfeit sixpence and with having one in my possession. The purse was never in my possession. I had never seen it till I saw it at the West Ham Police Station. I have been in business for a number of years. I have held numerous licenses without a stain against one of them. I have never been in trouble before in my life, and I should not have been now if it had not been for unfortunately picking up those two sixpences.
Cross-examined. I did not give my own address when asked for it because my wife's health is very indifferent. She suffers from her heart. I gave my son's address, which is three minutes from the station. I thought he would break the news to his mother. I did not pay for the drink out of the twelve coppers that I had because they were my daughter's money and they were for the frozen heart. I thought I would treat myself out of one of these sixpences.
Verdict, Guilty of uttering one counterfeit sixpence and being in possession of another counterfeit sixpence; Not guilty of being in possession of 18 counterfeit sixpences.
Sentence, Two months' imprisonment, second division.
BEFORE THE RECORDER.
(Thursday, November 17.)
TIDY, George Henry (30, labourer) , pleaded guilty that, being entrusted with certain property, to wit, the sum of £1, the moneys of Francis John Errington, in order that he might apply the same for a certain purpose, he did unlawfully convert the same to his own use and benefit.
Seven previous convictions were proved, dating from 1894 the last being a conviction for robbery with violence on May 18, 1903, for which prisoner received five years' penal servitude. He was stated to be an associate of thieves who frequented the docks.
Sentence, 18 months' hard labour.
GROBECKER, Julius Henry Augustus (73, no occupation) , having been entrusted by Robert Meadows with certain money, to wit, £25 in order that he might apply, pay, or deliver the said money for a certain purpose, to wit, the purchase of eight shares in the Linggi Company, unlawfully did fraudulently covert the same to his own use and benefit; having been entrusted by Robert Meadows with certain money, to wit. £20 in order that he might apply, pay or deliver the said money for a certain purpose, to wit, the purchase of 200 shares in the H. and U. Rubber and Coffee Estates, Limited, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. J. D. Cassels prosecuted.
ROBERT MEADOWS , dairy manager, 15, Upton Lane, Forest Gate. I have known prisoner altogether 17 years, during the last 11 years of which I saw him fairly frequently. I have never known him to do any business. In April last he said he had made something like £70,000 in one deal in gold-mining shares; we were in the Freemason's Hotel at the time. He wrote to me on May 6, asking me to meet him as he had something which might "increase my worldly possessions." I met him the next day, and he told me that through the King's death the stock markets were dull generally and that, although there was no one more loyal than he, he would take his chance and make some investments; that he was investing in Linggi Plantations, Limited, shares. He asked me if I would like to buy some, and said that he could buy them at 61s., or something like that. I agreed to invest £25 and take eight shares, and on the Monday following gave him the cheque (produced). It purports to bear his endorsement, and has been paid by my bankers. The cost of the shares was £24 8s., the odd 12s. being for prisoner's expenses. On the following day he said he had bought my shares. On one occasion after that he said he had also bought 100 for himself, and on other occasions he said 1,000. He said my certificates would come along in due course; it could not all be done at once. I watched the market, and as a result I asked him when I was going to get my shares, as the price had gone up from 61s. to 67s. He said, "There is no need to hurry. You can trust it to me entirely," and I did. Between May 20 and 27 he showed me a newspaper cutting, with the prospectus of the H. and U. Rubber and Coffee Estates, Limited, saying that his friends in Mincing Lane said it was a very good thing indeed, and advising me to take some up. I said that if I wanted any I could apply myself and get them, and he said they would be so largely over-subscribed for that I would not get a chance, and that it would be better to do the business through his nephew on the Stock Exchange, he having more influence. I agreed to apply for 200 of the shares, which were 2s. each, and handed him a cheque for £20 for that purpose. Subsequently he told me he had applied for 70,000, and had been allotted 60,500. I said, "When shall we get the certificates along?" and he said, "I shall see about it, and as soon as they are issued I will hand you yours." I was seeing him three or four times a week, and asked him on several occasions for the certificates, but I never got them; he put me off, saying I could trust him entirely, and that as soon as he got them he would hand them over to me, and that he was thinking of selling a lot of what he was holding himself. I eventually told him about ten weeks ago that I should put the matter into my solicitor's hands, and he made an appointment to meet me somewhere in the City. On August 4 he wrote, asking me to lend him £5, and asking me to accompany him for an hour or two to the City, when he would hand me over what he had promised. I did not see him on the following day; he wrote me, putting me off. I refused to lend him the £5. He said he had sold all his "H. and U. 's" with the exception of about 20,000 to his friends in Germany at 1s. 6d. premium. I asked him why he wanted the £5, and he showed me a bill for £700 odd on Barclay's Bank, and said he could not approach
the bank because he had had a loan from there. He, said he would hand me my shares or the money, whichever I, liked. He did; not keep his appointment to go to the City, and on the advice of my solicitor I applied for a summons.
Cross-examined by prisoner. I have never known anything Against your character during the time I have known you. You did not tell me that if I wanted to buy a certain number of Linggi shares I should have to put a certain sum down. You did not ask me how much money I could spare. You asked me for £25 to pay for eight shares,; saying; you could buy at 61s. You never said anything about the £25 securing 100 shares. You did not write that down in your pocket-book. The £20 for the "H. and U." shares was not given you as a cover for 10,000 shares. I used to see you between May and September about three or four times a week, and you never asked me when I was going to take these shares up. When the Linggi shares went up to 62s. you did not advise me to sell. I never told you that I was a sportsman and did a bit of betting and that I did not mind losing a little money. I never told you that I was tired of the milk business and would like to make a thousand pounds on the stock to buy a farm in Norfolk with. On September 15 you told me you would sell out and I told you not to sell my shares. I told you later that I did not believe you had anything in black and white to show that you ever had my shares.
Inspector WILLIAM BURRELL, K Division. On October 21 I went to prisoner's house in Forest Gate and read the summons to him. I charged him with converting £25 and £20 which he had received from prosecutor to his own use. He said, "That's all right,."
Prisoner's statement before the magistrate: "The only thing I have to say is that the prosecutor never bought eight shares and 200. I have no witnesses here."
AUGUSTUS JULIUS HENRY GROBECKER (prisoner, on oath). The prosecutor gave me the £25 as cover for 100 "Linggi" and the £20 as cover for 10,000 "H. and U. 's," on which there was at that time only 3d. due. Some friends of mine bought the shares for me; but they are unwilling to come and give evidence. The market went down, and I asked him when he was going to take them up as the responsibility of all the shares was too much for me, He asked me to wait, and the market going still lower on September 21 I said I must sell the shares and he must pay the difference. He became very angry, and said he had not bought anything and I had nothing in black and white to prove it. He said he did not buy any Linggis and he would take 400 "H. and U. 's" I told him he had bought 10,000 "H. and U. 's," and then he said I could do what I liked. The first time I ever heard about the eight shares and 200 "H. and U. 's" was when I had his solicitor's, letter. I never told him I bad made £70,000 on
gold mines. (To the jury.) My name was not in the list of shareholders in Somerset House because I bought the shares through these friends of mine. I have no receipts for the cover money because I had an account with them. I have no witness here because I could never prove the prosecutor's shares were included in the shares I bought. He speculated to try and get £1,000 to buy a farm with and then left me to pay all the differences. He did not want to show that he could not hold his shares any longer because if it had become known to his directors that he was gambling on the Stock Exchange he would have lost his position as dairy manager and he gets out of it by taking proceedings against me in the police court. I gave him receipts for the moneys I had from him, and in them said: "In consideration of certain share transactions." I am a naturalised British subject and have led a blameless life.
Cross-examined. He never asked me to give him the share certificates. The reason I made an appointment to go to the City with him was because I wanted to go down and see if I could save a few hundreds out of the "H. and U. 's." I have no contract note for the shares I bought.
Verdict, Guilty; the jury recommending prisoner to mercy on account of his age. It was stated that he had been in custody three weeks. The Recorder remarking that had he not have gone into the box and made statements which the jury were unable to believe, he would have been bound over on his own recognisances, postponed sentence until next Sessions.
BEFORE THE RECORDER.
(Friday, November 18.)
HUZZEY, George (24, stoker), WILES, William Newton (24, stoker), And HUZZEY, Frederick (26, shoemaker), feloniously causing certain grievous bodily harm to Alfred Lovejoy, with intent to do him grievous bodily harm.
Police-constable ALFRED LOVEJOY, 496 K. I am at present on sick leave. On November 3, about 11 p.m., I was in 40 Acre Lane, Canning Town, when a complaint was made to me by a man and woman. I went to Trinity Street, which is a turning off 40, Acre Lane, where I saw eight men. Six of them were arguing and singing, and two, one of whom was George Huzzey, were committing a nuisanec in the doorway. They had been drinking a good deal, and about three of them had beer cans. I said to George Huzzey and the other man, "That is not the proper place to do that sort of thing." The other man said, "There is no b—women about, and I do not see why we should not." George Huzzey buttoned up his trousers, and as he went by me poked me in the stomach with his elbow, and said, "F—him," and went to the other side of the road. One of the men said to him, "Drink," and he took the can and said, "No, let him drink," and shot the beer in my
face. I got hold of him by the collar, and he turned and hit me on the bridge of the nose with the can. He hit me with his left hand in the face and about the body, and threw the remainder of the beer over me. Wiles got in front of me and hit at me with both hands, catching me in the face and about the body. George Huzzey then made a kick at the bottom of my stomach, and three other men did the same. My great-coat saved me. I was hustled from there over to the opposite side of the road, being beaten all the time. I was prevented at getting at my whistle. They were all trying to get George Huzzey away from me. I drew my truncheon and hit him, once in 40 Acre Lane, and once at the corner of Scott Street. While I was being beaten I felt a heavy blow in my back. Frederick Huzzey and two other were behind me. A private person had by this time caught hold of George Huzzey's other arm. This man had had a good deal to drink. Some private person blew a whistle and Police-constable Atkins came to my assistance and we took George Huzzey to the station. On the way we met Police-constable Payne, to whom I gave instructions to arrest Wiles, who was in naval uniform. Wiles had more drink than was good for him. At the station my injuries were attended to, and I found that I had been stabbed in the back. I have been off duty ever since. I know nothing of Frederick Huzzey. These other men had got their hats pulled over their eyes, and I could not recognise any one particularly well.
Police-constable WILLIAM ATKINS, 904 K. On the night of November 3 I was on duty in 40 Acre Lane, when I heard the noise of a scuffle and a whistle blown. I went to where Lovejoy was, and found that he had George Huzzey, who was struggling very violently, in custody. I should say there was a crowd of 20 men there. A man named Cannon was assisting him. I saw Wiles, who was in naval uniform, standing with his hand upraised. He was muddled with drink. I assisted in taking George Huzzey to the police station. Police-constable Lovejoy seemed very exhausted. I saw Wiles at the station; he had been brought in by a detective. He said, "I admit I was there, but I only went to see what the trouble was about." He was charged with being concerned with Huzzey in unlawfully wounding the constable, and he said, "I know nothing about any stabbing." When George Huzzey was charged he said, "I do not, know so much about stabbing."
JAMES CANNON , labourer, 9, Vincent Street, Canning Town. On the evening of November 3 I was with three of these men having a glass of beer. On coming out of the public-house together I looked round and saw a fight going on between several men and a policeman. The men ran away. I saw the policeman had George Huzzey in custody, and I went to his assistance. Nobody else in the crowd helped. I saw the men before they ran away go at him with their fists. There was a can of beer there, which went all over the policeman and on the floor.
Detective-constable JOSEPH PAYNE. On the night of November 3 I saw Lovejoy and Atkins with George Huzzey in their charge going through the streets. I got certain instructions from Lovejoy and
went and arrested Wiles at the junction of 40 Acre Lane and Vincent Street—about 20 yards from the two officers. He was dressed in naval uniform. I said, "I am a police officer," and he said, "I am glad you have got me, I was going to give myself up when you arrested me." I said, "I shall take you into custody for assaulting an officer," and he said, "Oh, I know nothing of that." When we got to the station he said, "I deserted from H.M.S. Natal a few weeks ago." That is what he meant by saying he was going to give himself up.
Police-constable JOHN FRAZER, 65 K. At 7.30 p.m. on November 4 I was at Canning Town Police Station when Frederick Huzzey came in. He said, "I want to give myself up for stabbing a policeman." He then made a statement which I took down and he signed: "Frederick Huzzey, 77, Rendal Street, Custom House. Age 26. Stevedore. I come to give myself, up. I am the man that stabbed the police-constable last night. My knife is indoors. This was at the bottom of Trinity Street at a quarter-past 11. It was before my brother got his hiding that I stabbed him—the policeman. There was a man making water on the patch and the policeman spoke to him. He then came up to me and pushed me off the patch. I was sober; I had only had three poneys of bitter all day. The sailor had as much to do with hitting the policeman as my brother had. This statement has been made by me voluntarily." I asked Constable Payne to go to his house and this knife was brought back. (Produced:)
Cross-examined by Frederick Huzzey. You were not prevented from adding to your statement.
Detective-constable JOSEPH PAYNE, recalled. About 9 p.m. on November 4 I went to 77, Rendal Street, the address given by Frederick Huzzey, and on the mantelpiece of the kitchen I found this knife. (Produced.) On my return to the station I showed it to him, and he said,. "Yes, that is the knife I did it with." It has got a small blade and a large blade which is rather rusty, as if it had been washed. It is an ordinary pocket knife.
Dr. SIDNEY BROWN assistant divisional surgeon, K Division. At 11 p.m. on November 3 I was called to Canning Town Police Station, where I examined Police-constable Lovejoy. He was suffering from a penetrating wound in the back of the right shoulder blade, and he had a contused nose and abrasions on his chin, forehead, and ear. His condition was quite consistent with his description of the treatment he received. I was shown the clothing which he had been wearing; it pierced the cape, the coat, the tunic, and two shirts. I have formed the opinion that it was done with a knife, and a very severe blow must have been inflicted. I found two scalp wounds on George Huzzey's head, probably caused by a truncheon. He told me he had been drinking, but I did not notice that he was much under its effects.
when I beard some men singing. This, after a time, ceased, and then I heard a sound as if someone was playing football with a beer can. I turned round and saw a police-constable struggling in the road with a man. There was about six or eight other men having a "go" at the constable at the same time, endeavouring to get this man away from him. He was bleeding at the face. The next I saw was the constable had his prisoner against the wall at the corner of the marinestore dealers. They all made a rush at him, and he drew his truncheon And struck the man on the head. He was then hustled into Scott Street, still holding the man. I then heard a whistle blown. I saw a sailor there. Another constable then came up.
FREDERICK HUZZEY'S statement: "On the night this occurred we and the other two prisoners and an Army reserve man were standing at the corner of Trinity Street. We had two quart cans of beer and about three yards from us were six more chaps. They asked for a drink and we handed them the two cans. There was a man making water against the oil shop. Police-constable Lovejoy came from the opposite corner and said to the man, 'You had better stop that.' The man said, 'All right, sir.' The police-constable came to me and pushed me off the kerb. I was cutting my nails with a knife. Then the police-constable got my brother at the back of the neck by his collar. I said that my brother was innocent. I stabbed the policeman; the police-constable had a rough and tumble with my brother. He wanted to get him to the station. The other chap standing a little way from us, seeing the police-constable take my brother, came up with the beer and threw it over the policeman The police-constable hit my brother five or six times on the head, knocking him senseless. He held my brother's two wrists with One of his hands, and waited for us to come and assault him. When he hit my brother on the head they were about six yards from the corner. I stood across the road waiting to see what was being done. The sailor chap was drunk. He did not hit the policeman, nor did my brother."
FREDERICK HUZZEY (prisoner, not on oath). I only plead guilty of me stabbing the constable, but I did not assault the constable after that. I have no witness to call. (Prisoner repeated in effect what he had said before the magistrate and added): He then claimed my brother by the back of the neck. I then stabbed him but I did not mean to do it. I would not have done it if I had not been cutting my finger nails. I am sorry for the prosecutor, and I am very glad it is no worse.
Cross-examined by George Huzzey. I never law you hit the constable.
Cross-examined by Wiles. You were drunk and useless.
GEORGE HUZZEY (prisoner, not on oath). As I was standing at the corner prosecutor came and shoved my brother and then got hold of me by the back of the neck and marched me off. He beat me on the head, knocking me senseless. When I came to I was being marched off to the station.
Verdict, Frederick Huzzey and George Huzzey, Guilty; Wiles, Not a Guilty.
Sentences: Frederick Huzzey, seven previous convictions dating from 1899, were proved against him. It was stated that when working he behaved well, but at night time he was the associate of dangerous thieves. 18 months' hard labour. George Huzzey, had been sent in 1903 to a training ship for three years for felony. Three convictions were proved against him. Nine months' hard labour.
He confessed to a previous conviction of felony at this Court on February 8, 1910, in the name of Harry Newman.
Detective-sergeant WILLIAM HUBBARD, K Division, proved three previous convictions against him, all for stealing bicycles. It was stated that prisoner, who had been discharged from the Army as useless, made his living by stealing bicycles and that there were two other cases with which prisoner was connected, the bicycles having been recovered. It was requested that this should be taken into account in his sentence.
Sentence, 15 months' hard labour.
Prisoner confessed to a previous conviction of felony on February 23, 1909, at the County of London Sessions. Two further convictions were proved against him of four months and one month.
Sentence, Nine months' hard labour.
BEFORE THE RECORDER.
(Saturday, November 19.)
Mr. Warburton prosecuted.
for the sum of ten guineas, to "F. Ellis or Order," and signed "C. Remnant," is not mine, nor is it written by my authority. I have never had an account with' Farrow's Bank. Prisoner was collecting rents for me in October last. I know the prisoner's hand-writing, and to the best of my belief the signature is in his hand-writing.
Cross-examined by Prisoner. I should say that you had been collecting rents for about four months. I do not know what money you received from me; you have it entered in your book by me. You might have paid me the rents in the "Castle" public-house. On occasions you gave me the rents in the form of your own cheques. I did not ask you whether you had got any money to lend me, as I had a job and wanted money for materials. You did not write me out a cheque for £1, though you said you had no money in the bank, and I did not sign your name to it. I never met you in the "Beckton Arms" on the night of October 20, nor did I see Ellis. I never gave Ellis authority to sign my name to any cheque.
FREDERICH ELLIS , 52, Exeter Road, house decorator. I can neither read nor write. On October 20 prisoner owed me £4 5s. for money lent. I asked him for some of it, and he said he had not got it to pay me, but if I could "do" him a cheque he would pay me. I said that a man who had been "doing" my cheques for the last four years would do his, if it was right. He gave me a cheque like this. (Exhibit 3.) I do not know what was on it. I took it to Mr. Holt, of the Ruby Stores, who changes my cheques', and left it with his "missus," who gave me £1. Prisoner had told me previously that it was for ten guineas. The next day I saw Holt, and he gave me £3 5s. I gave the prisoner the £1 the first day, and he gave me 5s. On the second day I gave him the £3 5s., and he gave me £1 17s. 6d. I thought that it was a good cheque. All I can write is "F. Ellis," and I endorsed it in that way at Mr. Holt's request on the second day. Prisoner never told me whose cheque it was, nor who signed it.
To Prisoner. It is true I met you in the "Beckton Arms" on October 20, but I did not call you outside to speak to you privately. The only time I showed you a bill for £13 10s. was in your office. I never saw Reid in your office. He did not write out the body of the cheque for £10 10s. I never saw the cheque written out at all. Directly you gave me the cheque I took it straight to Holt; I never went anywhere else with it; it was about 4.30 p.m.
ADAM HOLT , proprietor of the Ruby Stores, Scott Street, Canning Town. I have been in the habit of cashing cheques for the last witness from time to time; there has never been any trouble with them. On October 20 my wife handed me this cheque (Exhibit 3), and on October 21 I gave him £3 5s. He endorsed it in my presence. I paid it into the bank and it was returned marked "No account." I have lost £4 5s. over it.
To prisoner. I believe it was about 6 pm. that Ellis came the first time and about 9.15 a.m. the second time. He did not show me a bill for £13 10s. He was going to show me it. but he had not it with him.
JOHN MURPHY , investigating officer of Farrow's Bank. Prisoner had an account at the head office, 1, Cheapside, which was opened on June 21 with a payment in of £2 5s. (Certified copy produced.) A further £2 15s. was paid in on July 5. A cheque-book containing 12 cheques was issued to him. The account was closed on August 10, and the balance to his credit, 3s., was transferred to the Whitechapel branch.
FREDERICK PERRY , manager, Farrow's Bank, Whitechapel branch. I produce certified copy of prisoner's account. It shows that it was transferred from our head office on August 11. 5s. was paid in on the next day, and I remitted to him 6s. 3d. by registered post on the 15th to close the account. On August 12 he was given a book containing 12 cheques; his man came in. He must have used the cheque book that he had had previously properly. On closing the account I told him that he was not to use any further cheques. This is one of the cheques (Exhibit 3) that was issued to him on August 12.
To prisoner. Your balance when the account was transferred was 3s. The 5s. was paid in by your man and not by you. Your man called to pay some money in and I told him the account was closed and I refused to take it.
Police-constable GEORGE REID, Canning Town Police Station. At 10 p.m. on October 21 I went to 18, Beckton Road, where I saw prisoner. I said, "You are Mr. Watts, I believe." He said "Yes." I said I was a police officer and held a warrant for his arrest. I took him to the station and read the warrant to him. He was the worse for drink. When charged he made no reply. When searched I found the cheque book, produced by the last witness, upon him. It contained two plain cheques.
To prisoner. You wrote a letter from prison making allegations against Ellis. I inquired at the places you mentioned in it and have learned that nobody had been there with a ten-guinea cheque, except one. You never mentioned the "British Lion." They said at the "Lion and Lamb" that two men had been there with a cheque and a bill for £13 10s. had been shewn.
GEORGE WATTS (prisoner, on oath), 18, Beckton Road, Canning Town. I met Ellis at the "Beckton Arms" on October 19 and showing me an estimate for work that he had to do for £13 10s., he asked me to let him have a cheque till Saturday to buy materials with to start the job. I told him I had no banking account, but he said that would be all right and that he could get it back by Saturday. I took him into my office and my man Reid there wrote out the body of a cheque for £10 10s. I told him I was not going to sign it and he said that it must be signed with the same name as appeared on the bill—Remnant—as without that he could not get it cashed. My man would not do it so I said I would if he would not get me into any trouble over it, and I signed it. He then said he was going to a
builder, a friend of his, and he would hold the cheque till Saturday. I went there with him, but his friend was out. I then went with him to the "British Lion," the "Lion and Lamb," Hunt and Co., the "Fox and Hounds," and the "Bombay Crab" without succeeding in changing it. We returned to my office about 6 p.m. He then went off and returned with a sovereign, of which I gave him 10s. The next day he gave me £1 7s. On the night of October 20 1 heard Ellis tell Remnant about my having put his name to this cheque, and he said, "That's all right, now we can go on with 'the job'"; this was in the "Beckton Arms." Ellis told me of what Remnant had said.
Cross-examined. I received a letter telling me not to draw any cheques as my account was closed. I was not to use any more cheques.
----REID, carpenter. (To the Court.) I have been working for prisoner on and off for some time doing general repairing, odds and ends, and looking after the office. I wrote out the body of this cheque (Exhibit 3) when Ellis was present. Prisoner signed it. I heard no conversation between them. I got a penny stamp, and it was put on a sheet of foolscap; it said, "Ten guineas paid on account of work done; remainder to be paid on completion." I signed that "J. Ellis," as prisoner told me. I cannot say whether Ellis ever handed prisoner any money.
At the conclusion of the summing up:
Verdict, Guilty on both' counts. The jury added that under the circumstances they thought the cheque-books should not have been issued to prisoner by Farrow's Bank.
Prisoner confessed to a previous conviction of felony at the West Ham Police Court on January 5, 1907, in the name of George Arthur Onslow, when he was fined 20s., or 14 days' imprisonment. It was stated that he had been a barman, and that during the last nine months he had been collecting debts, during which time he had borne an excellent character. Sentence, Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, November 19.)
CLARKE, Henry (29, labourer) . Having been convicted of a crime and a previous conviction of felony then proved against him within seven years after the expiration of the sentence passed upon him for the said crime, unlawfully was guilty of an offence against the Prevention of Crime Act, 1871, to wit, of being found in a certain public place under such circumstances as to satisfy the court before whom he was brought that he was about to commit an offence punishable on indictment or summary conviction.
Mr. Metcalfe prosecuted.
Police-constable EDMUND MATHEWS, 542 K. I was on duty in Garvery Road, Canning Town, at 1.50 on October 25. A traveller's brougham was coming towards me. The traveller was on the box-seat next the driver. The brougham was 12 or 15 yards from me; as it approached a little nearer I saw prisoner on the off-side. The window was open. Prisoner was leaning out of the window, with his right hand inside the brougham. I saw he had something in his hand like a card-board box. I said, "What are you doing there?" He put back the parcel, got off the step, and ran away. I followed. He turned and put himself into a fighting attitude. He said, "I have not pinched anything. I was only having a ride." He became violent. We closed and fell to the ground. Another constable came to my assistance, and we conveyed him to the station. He was charged with attempting to steal, and made no reply. "Pinching" means stealing.
Cross-examined by Prisoner. You were 15 yards away. I ran to you as soon as possible. I did not shout to the man on the carriage, because he was busily talking to the driver. I was a witness against you in a similar case to this about a month ago, an attempt to rob two sailors.
Prisoner. I was supposed to be hustling two men with the intent to rob. You were a witness in the case. I got the case put back to see if I could find the two sailors. I saw the two drunken seamen I was supposed to be robbing. I brought them up and proved that they were friends of mine.
The Witness. He was charged with being a suspected person.
ARTHUR THORNBURY , 1, Ashfield Avenue, Highbury, commercial traveller. I was riding outside the brougham on October 25. I could not say if I was speaking to the driver. The off-side window is always closed. It cannot be opened. It was the near-side window that was partly open. The constable called me to come back. I was about ten to 20 yards ahead of him. He said in prisoner's presence that prisoner had attempted to take something from the brougham, had got hold of a box. I looked into the brougham. There was nothing missing, but one or two things were rather out of place, but that might have been on account of the jolting of the brougham.
Police-constable MATHEWS, recalled. (To the Judge.) I know the difference between near-side and off-side. Prisoner was on the lefthand side step.
HENRY CLARK (prisoner, not on oath.) This man has had me three times in the last six weeks. The last time he came to give evidence against me when I was charged as a suspected person, the same as what he locked me up for this time. I was talking to these drunken seamen, that were two friends of mine. Four policemen came up and gave evidence against me. They drove the two seamen one way and me the other. An hour after those drunken seamen had gone away, I am
going home, when they arrest me and take me to the station and charge me with being in these drunken seamen's company with the intention of robbing. I did not tell them I knew the two seamen. I waited till I got to the court. I asked if they knew the two seamen. They said no. I got some friends who found the two seamen I was with, and found out they were two friends of mine. The police told the magistrate I was hustling them and putting my hand in their pockets. The magistrate found they were telling lies on that occasion. I am a convict on licence. I have only two months to run, and that is the reason they are doing all they can to get me sent back to prison. (The prisoner took off an artificial leg to show the jury, and said he was unable to run.)
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Monday, November 21.)
HART, Jack (40, painter) . Having been convicted of a crime and a previous conviction of felony then proved against him within seven years after the expiration of the sentence passed upon him for the said crime, unlawfully was guilty of an offence against the Prevention of Crime Act, 1871, to wit, of being found in a certain public place under such circumstances as to satisfy the court before whom he was brought that he was about to commit an offence punishable on indictment or summary conviction.
Police-constable EALES, 882 K. On October 23 I saw prisoner and another man not in custody standing in a doorway at Stratford Road, Plaistow. They came out and looked up and down several times. I called Police-constable Edwards, and we both kept observation from a doorway. Prisoner and the other man crossed the road and stood at the corner of the street for a few seconds. We then saw them try the shutters and door of a pawnbroker's and jeweller's shop. We lost sight of them for a little time. They returned, and again tried the door. We then went to them. They both ran away. When about ten yards from them one of them shouted, "Billo, Jack, here's the screws." That is a complimentary term to the police. I caught prisoner, and said, "What were you doing at that shop door?" He replied, "You see what I was there for." I told him I should take him into custody. He made no reply to that. On the way to the station, he said, "I can see what this lot means for me." When charged he made no reply.
Police-constable EDWARDS, 685 K. About 2.45 a.m., on the 23rd ult., I was with last witness. I saw prisoner in company of another man not in custody loitering in Stratford Road. They crossed the road to 80, Stratford Road, a pawnbroker's and jeweller's shop. We kept observation for six or seven minutes. Prisoner and the other man tried the shutters and door. We then lost sight of them two or three minutes. They again returned and appeared to be trying the door. We steadily approached them, and when within ten yards prisoner said,
"Billo, Jack, here's the screws," and ran away. We gave chase, and last witness caught prisoner; I was unable to catch the other.
JACK HART (prisoner, not on oath.) On the night in question I had been to Canning Town. I had a drop too much to drink, and making my way back to West Ham, passing through Stratford Road I met the last witness. He was standing against a butcher's shop; that is some considerable distance from the shop in question. The first witness was on the opposite side, and could not be off seeing me talking to last witness. I told last witness what had taken place in Canning Town. Should you think if I had any intentions of committing a felony I should stop and speak to a constable? First, it would be impossible for any person to be seen at the door of the pawnbroker's shop from where the two constables were standing. The two constables in their evidence say they saw two men at the door. In that case they would have to be facing East Road. The first constable was not near enough to hear the remark he said he heard, and he cannot give a description of the other man. How I came to be out was I had had a few words with my brother-in-law, and I did not wish' to go home while I was in drink to renew the quarrel. The constable knows this to be the fact, because he was in company with another officer when I was speaking about the matter earlier in the week. What I have stated is the truth, and nothing but the truth'.
Previous convictions were proved.
Sentence, Ten months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, November 22.)
Mr. Walter Stewart prosecuted; Mr. Fox-Davies defended.
Detective-sergeant ALBERT HANLEY. On October 26, at 8.45 p.m., I was in Totty Street, Bethnal Green, with Sergeant Edwards and Detective Courtney, keeping observation on No. 9, prisoner's house. He is a tinplate worker and makes accessories for bird-cages. I saw a horse and covered van draw up there and a man named Clanshaw, who had been convicted, knocked at the door. It was opened by Day. Then the two men who were in the van got out. A conversation between the four men took place, which I did not overhear. They went inside the passage of the house and the two men carried two baths containing tin into the house, the other two drawing the rest of the tin to the tailboard of the van. Observing us, they went into the house, leaving the horse and van unattended. We followed and found them all in the front room with Day. I told them we were police
officers. I said to Asser, another of the convicted men and a servant of Messrs. Jarman, "Who is in charge of this van?" He said, "I am." I said, "Have you a receipt for the tin?" He said "No." I said, "Where did you get it from?" Pointing to Clanshaw, he said, "This man engaged me." I said to Clanshaw, "What account can you give of the van and the tin and these two baths?" He said, "I know nothing about it." I then addressed my conversation to Day, saying, "You are the occupier of this house; what account can you give of the two baths?" He said, "I arranged with Clanshaw to buy the lot in the van; there is about a ton of it; I have promised to pay him £7." I told prisoners I was not satisfied with their statements and they would have to go to Bow Police Station. I saw in the room 10 empty baths similar to the two which contained the tin on this occasion. They are old baths which are used by Messrs. Jarman for their work. Day said, "I bought it in the ordinary way of business and can produce receipts for same." I accompanied him downstairs He produced a bill file; I examined it and he could not produce the receipt. The largest bill on the file was for about £2; they were principally for amounts of 4s., 5s., and 6s. He then said he had mislaid the receipt. On the way to Bow Police Station he said to me, "I have told you a lie about the tin that is in the front room and the baths; those three men—(pointing to the three men that were going along in front)—brought me a load last Tuesday or Wednesday week; it was just over a ton; I paid them £7 10s. for it; the baths were used for bringing in the tin; I had no receipt." Day is in a very small way of business. I told Asser and Clanshaw what Day had said. Asser said nothing in my presence. Clanshaw said, "That is right; we took him a load of tin, but he never gave us no £7 10s. for it." Day made no reply to Clanshaw's statement. Mr. Jarman was communicated with and I accompanied him to Day's house. He identified the other three prisoners as his servants. He also identified the tin as his property.
Detective-sergeant JAMES EDWARDS, J. Division. I was keeping observation with last witness. Asser said, "My mate and I are in charge of the van. I have no invoice for the tin or the baths. Clanshaw engaged me." Clanshaw said, "I know nothing about it." Day said, "I arranged with Clanshaw to buy the tin and I arranged to give him £7 a ton." At Bow Police Station Detective-sergeant Hanley had occasion to go away and I was left in charge of the four prisoners. Detective Hanley had previously said to prisoners, "Day has told me he took a load of tin last Tuesday or Wednesday week and paid you £7 10s. for it." Clanshaw said, "That is right; we took him a load of tin round, but he never gave us £7 10s. for it." Digby said to me, "I shall have something to say to that; he never gave us £7 10s. for it." I was present at West Ham Police Court when the other prisoners pleaded guilty to stealing this tin.
GEORGE PHILIP DAY (prisoner, on oath). I make all kinds of birdcage accessories—thousands of different things. My two sons and three daughters assist me. I use three to five cwt. a week. I bought five cwt. one week from McFayden and Sons at 8s. 6d. a cwt. I have been dealing from them for many years. I had no big sheets of tin on my premises. If there had been any of those delivered I should have had my suspicions aroused immediately. I first knew Clanshaw when I lived at the same address before four years ago. I and my father before me have always been in the same line of business. ClanShaw then used to help to clear out my cuttings, very small pieces, my waste. He was employed by the Electron Co., who bought my cuttings, and he was one of the men sent to gather them. I saw him on October 10; he asked me if I could do with some tin, and gave me the measurements of 3 to 5 in., some 10 in.; he did not represent that any were sheets. I asked what he wanted for it; he said £7 a ton; I said, "If the size is right I will buy it." I did not know it was stolen property; I wish I had. He brought the first lot on October 12. I looked at it. He said there was about a ton. I thought there was more, and I gave him £7.
Cross-examined. I never saw Campard till I saw him at the station when he was charged. I only saw Asser and Digby on the two occasions when delivery was made. The only man I did business with was Clanshaw. When he brought the second lot I said, "All right, bring it in," thinking it was the same as the first delivery. The two baths had none of these big sheets in which are produced in court. After the two baths had been brought in Hanley came into the parlour and asked for the bill for the tin. He said, "Who brought this tin,." I pointed to Clanshaw, and said he was the only man I had done business with. I did not tell Detective Hanley I had promised to pay him £7. I told him I had arranged to take another ton, but not what was in the van. I had not seen what was in the van. When Detective Hanley asked about the other lot which was upon the premises I said, "That is the lot I bought Wednesday fortnight, which I paid him £7 for." I did not on the way to the station say anything about having told him a lie about the receipt for the tin. Our conversation was about a very large traction-engine in Grove Road that would not let our tram go along. On May 14, 1909, I was bound over under the First Offenders Act for receiving a quantity of tin, well knowing it to have been stolen.
WILLIAM CLANSHAW (a prisoner undergoing sentence.) I first came into contact with prisoner about five or six years back, when I went to his place to clear out waste for the London Electron Works Company. I next saw him recently in Angel Lane, Stratford. I was just going into a public-house. I said to him, "Hullo, governor, bow are you going?" He said, "Hullo, stranger." We went and had a drink. I said, "Still in the same game?" He said "Yes." I said, "You are a bloke what can do with tin; I have two tons I can sell you." He asked the price of it. I said, "About £7 a ton," and he said, "Yes, you want to sell it." I said, "Yes, I don't want to give it way." He
said, "If you like to come to my place next Monday I will let you know whether I can do with it or not." I went on Monday night, and he said, "I have an order coming along, and I believe I can manage about a ton if it is what you say, and if it is all right, and it suits me, I will give you an order for the other ton in about a fortnight's time." When I took him the first ton he said, "How much have you got there?" I said, "There is a good ton. It is not so good as what you saw. You said up to 5in. or 6 in.; there is a lot here 6 in" I said, "It is a good ton; reckon it £7." He paid me the £7 the same night. As to the second lot, I went to see him the following Monday week. He said, "You can fetch it on Wednesday week; that will be enough to last me for this job." From first to last I said nothing to Pay to lead him to suppose it was stolen. He did not know where it came from; in fact, he did not know where I worked.
Sentence, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 24.)
FREDERICK BROWN , 20, Canonbury Street, Essex Road, Islington. At 12 p.m. on October 8 I left my bicycle outside Finch's in Holborn. I was inside five minutes and on my return I found it had gone. I informed the police. On October 28 I identified it at the police station. Its value is £7. I found the transfers and the shoe on the front brake missing. I identify it by the left-hand fork being pivoted by two holes cut for the purpose, which is unusual, also by a peculiar fitment of back mudguard. I have had it twelve months.
To the Court. There is a part of the transfer left on the machine which shows that it is of the same make as mine.
Detective THOMAS PITCHLEY, K Division. At 3 p.m. I was in Romford Road, when I saw prisoner wheeling a bicycle. I asked where he had got it from and he said, "It is mine." I took him into the police station and again asked him where he had got it from. He said, "It is mine. I bought it at a shop." I said, "Where?" He said, "I bought it at a shop; that's good enough for you." I told him if he did not answer me better than that he would be charged with the unlawful possession of it. He then said, "I bought it off Maurice Slade, 21, St. George's Terrace, Commercial Road, E., for 30s." I said, "Is that a shop?" and he said, "No, a private house." I said, "Have you got a receipt?" and he said "No." I asked him where he lived and he said, "That has nothing to do with you. All you want to know is about the bicycle." He afterwards told me he lived at 28," Heath Street, Commercial Road. On the way to the
police court the following morning he said, "I borrowed the money from my brother to buy the bicycle."
Detective-sergeant WILLIAM HUBBARD, K Division. At 7 p.m. I asked prisoner at Forest Gate Police Station for any explanation he could give as to how he had become possessed of the bicycle. He said, "I bought it at 21, St. George's Terrace, from Maurice Slade. I went to that address and bought it. I borrowed the money from my brother, Pat Cokeley. I have had it at my sister's address, 6, Heath Street, for about three weeks. I live there and occupy the front room top floor. I brought the 'bike' from there this morning about half-past ten. Slade's brother was there when I bought it and when I gave him the 30s. for it." After having made inquiries I returned and said to prisoner, "I have been to 21, St. George's Terrace. Slade says that he never had a bicycle. I have seen your brother-in-law at 6, Heath Street, and he says you have never lived there and you have never had a bicycle there. He said, "That's what you 'kidded' them to say. If I was out I could get someone to tell as good a tale as you. I know what you people are." I asked him again if he could give any explanation and he said, "No, go and b—yourself."
Cross-examined. I found Maurice Slade in prison.
HARRY SALTZMAN . I am Maurice Saltzman's brother, with whom I live at 21, St. George's Terrace. I have never seen within the last month or two a bicycle there. I have never seen prisoner before. There could not be a bicycle there without my knowledge.
Cross-examined. On the Thursday night in question no young man came round to my mother's. I know I was in that night because it is my duty to write letters on Thursday nights.
MAURICE SALTZMAN , 21, St. George's Terrace, Commercial Road. I am not known as "Maurice Slade." I never sold a bicycle to prisoner. I have never had one. No bicycle was in my house in September or October. It could not have been there without my knowing it.
Cross-examined. I am at present serving a sentence of four months. I do not know prisoner nor Fanny Davies.
Cross-examined. My brother, Pat Cokeley, often left his bicycle at my house. I have a sister named "Mrs. Innes," who lives in Cable Street.
THOMAS COKELEY (prisoner, on oath.) About 3 p.m. on October 9 I was talking to Rose Keith in Prince of Orange Court when Maurice Slade came up with a bicycle and asked me if I wanted to buy it for £2. I asked him if he would trust me to take it away for a little while, and he said he would. I told him I was going to take it to my brother's. On the way I left it at my sister's in Cable Street. When I got to
my brother's he lent me 30s. to buy it with. After calling at my sister's I returned to Prince of Orange Court where he accepted the 30s. He promised to give me a receipt on the following night, but I did not see him again until the Wednesday afternoon in Commercial Road. He then said he had not got it, but he gave me his name and address as "Maurice Slade, 21, St. George's Terrace." I went there but failed to see him. On the Tuesday following I saw him in the Whitechapel Road, and he was accompanying me a little way home when I saw a girl whom I pretended to know. Her name was Fanny Davies. We asked her to have a drink and in the public house I again asked him about the receipt. He told me not to worry and that I always knew where to find him. When giving my explanation I did not mean that I had actually bought it at 21, St. George's Terrace. I said I lived at 28, Heath Street, but that was not true. I only knew him by the name of Slade. I have never seen his brother before he appeared to-day. The detective misunderstood as to which sister I meant when I said that I left my bicycle at my sister's.
Cross-examined. I live with my sister, Mrs. Innes, in Cable Street. At the police court I did not mention that because I was not asked. I did not tell the truth at the station as to where I lived because I knew I was going to be sent for trial, and therefore it would not be in my favour. I did not know Slade before I met him and bought this bicycle. The reason why he trusted me with it was because the girl with whom he was knew me as well as she knew him. I told my brother what I wanted to borrow the money from him for. If he says he did not know what the money was for he is mistaken. I have never lived at 58 or 38, Prince of Orange Court. I did not tell the police that I left my bicycle at my sister's at 6, Heath Street, for about three weeks. I only told the police one untruth, and I did that because I did not want to give them any satisfaction.
Cross-examined. I know prisoner borrowed 30s., because I saw it in his hand. I did not count it. At 12 p.m. oh October 8 I found the bicycle in my room; I do not know who put it there. I heard afterwards that it was stolen at 11.45 p.m. Prisoner has only spent one night with me; he has not lived with me. He was in my room at 1 a.m. on Sunday.
Re-examined. Slade visited me also. I heard him speaking with another man the next day saying they had left the bicycle in my room. I had nothing to do with Slade; he left it there because he has a friend who has the next room to mine. I never saw Slade leave it in my room, but I am sure prisoner did not; he was not in the room at the same time as the bicycle. It is true that I saw him in my room at 1 a.m., but it was only for a few minutes; the bicycle was in the room then. I earn my living on the streets.
for £2. I said I thought he could get it for 30s., and I lent him that amount.
Cross-examined. It is true I said at the police court "I did not know it was for a bicycle," but I have remembered since that he told me what it was for. The reason why I told the police when they called that I had not lent him money was because I did not want to be mixed up in it; my brother had been locked up before and I thought I should get into trouble.
FANNY DAVIES . I went with prisoner and Maurice Slade on October 18 to a public house in Cannon Street Road when prisoner asked Slade for a receipt for the bicycle he had bought, saying it was always safer to have one. Slade said, "That will be all right—you know my name and address."
Cross-examined. I have known prisoner for a good while. I heard about October 28 that he was in trouble. I was not asked to give evidence until his brother came to me last week.
THOMAS COKELEY , prisoner, recalled. (To the Court.) It is true I was in Rose Keef's room at 1 a.m. on Sunday. The bicycle was there, but I did not take any notice of it. The one that Slade sold to me appeared to be the same.
Prisoner confessed to a previous conviction of felony on April 15, 1910Six previous convictions were proved against him. He was stated to be an associate of prostitutes and thieves.
Sentence (on his stating that he did not wish to be dealt with under the Borstal system), 1 2 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, November 25.)
Mr. Landers prosecuted; Mr. Ernest Walsh defended.
LEONARD COURTNEY ROCKLEY . I am manager of my father's piano business at 150, The Grove, Stratford. On December 14 prisoner wanted a piano on the hire system and decided on a piano, signed the agreement, and paid his first instalment of 12s. The agreement provided he should not move it from the address to which we sent it. 195, Leyton Road, without our consent until he had paid 15 guineas, its cost. He paid an instalment of 12s. some time in January and at about 9.30 p.m. on Saturday, May 7, he paid a further 24s. after we had sent him a notice. He has never given us any explanation of why he did not continue the payments since that date. We cannot trace the piano.
FREDERICK NEWMAN , 93, High Street, Poplar, prisoner's eldest son. I remember the piano coming just before last Christmas. Father was living at home then, but he left soon after Christmas, although he
came often to the house. I did not see him at all on May 7, although I was at home all day till 7 p.m., then I went out and on my return at 9 p.m. the piano was gone. I saw my father next a month afterwards. I asked him where the piano was and he said it did not matter about that; it would be all right.
Cross-examined. I did not mention any special date at the police-court as to when the piano was taken away; I know it was on a Saturday. I have a younger brother, Reuben, who went to Australia the last week in July. He was employed in the Cash Stores, Leytonstone Road; I do not think he was discharged for dishonesty. He told me he was in the house when the piano was taken. The sewing machine which we had in the house at the same time on the hire purchase system was not pledged by me; it has never been out of the house. When we moved from 195, Leyton Road, father came to the new house and asked if he could come back and I said he could if he behaved himself.
Re-examined. This is the receipt for an instalment paid to the sewing machine on October 10.
Further cross-examined. My mother is not living with another man.
ERNEST HEYDER FERGUSON , surveyor, 20, Finsbury Square, E.C. I am agent for the owner of 195, Leyton Road. Prisoner took the house in the name of "Benson." There was about 9s. due for rent on May 7. I did not threaten proceedings to recover it. I had nothing to do with the removal of the piano.
Cross-examined. At the end of May 20s. was due. It was a weekly tenancy. His wife continued in occupation after prisoner had left her until August. My agent collected the rent. He might apply pressure to get the rent of which I would know nothing, but that would be contrary to our usual practice. (To the Court.) It would only be under very exceptional circumstances that we would distrain for 9s. rent owing.
GLADYS NEWMAN . Prisoner is my father. I remember the piano coming to our house in December last. A fortnight after father had left home he came back and took it away; it was on May 7, between eight and nine p.m. I saw him standing on the steps with three men and the piano was in the cart. I went down into the kitchen and one of the three men followed me and offered mother some money and she refused and told him to go out of the house. My father came down behind him And said he would come back again, but he did not: we did not see any more of him for four months. He went down the street with two of these three men, the other man being in the cart; they went the same way as the cart.
Cross-examined. The man said to mother, "Here you are, missus, here is some money," and mother said she did not want to have anything to do with it. (To the Court.) Mother went upstairs to father and asked him what was the matter, and he said, "It's all right. You go downstairs.,' Reuben had nothing to do with the piano being taken away.
her to make a dress when prisoner came in. He stood with his back to the fire. I went to my own house. Afterwards I heard a cart come and stop outside No. 195. I stood on my steps and saw prisoner with three men, who put a piano on the cart. He walked down the street with one of the men in the same direction as the cart, in which were the two other men; he walked abreast of it. Two of the men I recognised as having come to my house the night before and asked if "Mr. Newman" lived there.
Cross-examined. I took them to mean prisoner. We all knew him as "Benson." Nobody came for Reuben. I did not see any name on the cart; I did not look. Prisoner did not take any active part in moving the piano.
DAVID HENRY BENSON NEWMAN , public lecturer and interpreter. (Prisoner, on oath.) In March this year I left my wife as there was trouble between us. On one Saturday evening in May I went to the house to give my wife her usual weekly allowance and to get my correspondence when I saw my son Reuben standing on the steps with three men removing the piano. I asked him why he was doing so, and he said they were in arrears with their rent, and as the brokers would probably be in very shortly they were arranging to take a cheaper house, and were sending the piano with other articles there in anticipation. I never entered the house and I did not see anybody offer my wife any money. I did not walk away with two of the men; I simply asked them where they were taking the piano, and they said somewhere in Poplar; I did not make a note of the address, and I have forgotten it. After they had gone I spoke to my children, who were playing in the street, and left. I did not follow the piano. I was then in great hopes of having a reconciliation with my wife. The reason we had quarrelled was because I would not have my sons, Frederick and Reuben, hanging about the house doing no work. I went there some day in July and found Frederick in bed at 5 p.m. I chastised him and he summoned me for assault. Reuben never spoke to me after the day the piano was taken; I did not know he had gone to Australia until a long time afterwards. On one occasion, when I was visiting my wife to give her her usual allowance, I noticed that the sewing machine had gone with other articles. I asked her where it was, and she said that that had gone with the piano. Eventually she admitted that it had been pledged to help pay the cost of removal. When in the cell Detective Weddon tried to make me plead guilty and asked me what I had done with this sewing machine, and I told him I did not know. He told me my wife had got it back. I dealt in no way with the piano. There was no necessity for me to do so as my house was full of my own furniture and I had money, having just returned from Germany, where I had been acting as an interpreter.
Cross-examined. Frederick will not work; he is not employed as an assistant now. At the police-court I left myself entirely in the hands
of my solicitor, and I had no opportunity of saying anything. Mrs. Kinge is mistaken in saying I walked away with one of the men; it was too dark to see; Gladys in saying that her mother asked me what I was doing with the piano and Mr. Rockley in saying I went there on this evening and paid an instalment of 24s.; I think it was the week after that I did that.
Re-examined. I never had any notice from Rockley with regard to the instalment due.
(To the Court.) I saw my wife as I was leaving. I did not give her any money that particular night because she received it by postal order from the Tariff Reform League, for whom I lectured. Mrs. Kinge is telling an untruth in saying that I went in and stood in front of the fire. I have had to order her out of the house on several occasions; she was too much of a gossip; I did not know it was a serious thing to allow the piano to leave the premises.
Detective RICHARD WEDDON, K Division. It was only at the police-court that the sewing machine was mentioned by prisoner. His wife showed me a receipt showing that the payments were right up to date, and she said she had got it in the house. She did not say she had got it back.
Prisoner, recalled, was about to state why his son Reuben had been dismissed from the Cash Stores in Leytonstone Road, when Judge Lumley Smith held such evidence to be irrelevant.
Prisoner confessed to a previous conviction of felony at the Marlborough Street Police Court on June 28, 1907, when he received 21 days' hard labour.
Detective-sergeant GOODING, recalled, stated that prisoner was employed in the Co-operative Stores from 1908 to February, 1910, as a foreman tailor, and that since he had left a number of missing goods had been traced to him, and that he had been sentenced to 21 days' hard labour for defrauding a railway company, which sentence he had not yet served, and it was requested that it be taken into account.
Sentence, Six months' hard labour.
SAYER, Lewis (31, dealer), and KEMP, Albert (22, dealer) . Stealing one gas pendant and one gas ring, the property of the Gas Light and Coke Company ; stealing two gas pendants and five gas brackets, the property of the same company; stealing a tin of paint, a can of turpentine, paint brushes, and other goods, the property of William Busbridge ; stealing a bag, a rule, a trowel, and other, articles, the property of Roger John James ; stealing a saw, two hammers, and other articles, the property of James Nicholls.
Kemp pleaded guilty.
Mr. Boyd prosecuted.
The Busbridge indictment was proceeded with.
CHARLES GOODE , works manager to Walter Busbridge. At the beginning of October I was doing work at 114, Adamson Road, Custom House, an unoccupied house. About 1 p.m. on Saturday, October 1, I finished work and left my paint brushes, paint, a can of turpentine,
two putty knives, and a painter's jacket in the front room, the door of which I locked. I left the front door on the latch; I pulled it and it closed itself. On the Monday morning I went there about 7.30 and found the door of the room had been burst open and my things taken. Subsequently I identified at the police station this tin of white paint, this can of turpentine, and these four brushes as being my property. (To the jury.) Whoever took these things must have opened the front door with a key, because it was not damaged at all.
Cross-examined by Sayer. Some brushes were left but the best ones were taken. I cannot say for certain whether I have seen you before—I will not swear that I have.
Mrs. HANNAH COLES, 113 Adamson Road (next door to No. 114). About 7 a.m. on October 3 I saw Sayer come out carrying a paint pot in one hand and an oil can in the other. I was standing on my doorstep. He was dressed in a dark vest and coat and dirty trousers like a workman would wear. There was a bicycle standing outside the door which had a brown bag like this (produced) on the back. He mounted and rode away. In the afternoon of the same day I identified him at the police court from a number of men; Kemp was standing next to him. I am positive that Kemp is not the man I saw come out of the house. Sayer was wearing dark trousers then.
To Sayer. My house is the last one but one at the Queen's Road end of the street. You rode towards the Butcher's Road end. Your bicycle had a bell on the handles. I thought it was Mr. Goode's bicycle at first.
MARY HOWELL , 216, Victoria Dock Road. Prisoners lodged where I live, occupying separate rooms. At 9 a.m. on October 3 I saw Kemp on the landing with a can of oil and a can of white paint. I afterwards saw him painting the stairs with white paint. He told me that he had bought it for that purpose.
To Sayer. When Kemp came in with the paint you were just going out. You are quite innocent of this. I was going to get married to Kemp on the following Tuesday. About 10 a.m. you came in and I opened the door for you. You were wearing a dark pair of trousers and dark coat and vest. I have never seen you wear light trousers. Your bicycle has a horn on it. I am a lodger there also.
FLORENCE PROPERJOHN , 216, Victoria Dock Road. I am a widow and take in lodgers. Prisoners had occupied the same room as lodgers, but Kemp was going to be married and a week before this happened he had taken the upper half. On the morning of October 3 I believe Kemp went out very early and Sayer went out later. I did not see them go out. I think I heard Sayer come in about 9.30 a.m. The police found their bicycles when they came. Each had a brown bag upon it. I believe Kemp's had a bell and Sayer's a horn.
To Sayer. I have the care of your clothes, and I have never seen nor known you to wear a pair of light trousers. I have never known you to bring tools to the house. (To the Court.) When Sayer came in again he remained in until the police came after dinner. I saw Kemp painting the stairs.
Detective-constable JOSEPH PAYNE. In company with Policesergeant Reed at 1.45 p.m. on October 3 I went to 216, Victoria Dock Road. On the landing I found a can of turpentine, a tin of white paint and a painter's apron, and in the scullery four brushes. They were all subsequently identified by Goode. I told prisoners, who were in the front room, that we were police officers and they would be taken into custody on suspicion of stealing these things from Adamson Road. Sayer said, "You are taking a liberty. I have not been out this morning." Kemp said, "I would like to know where your warrant is." I found two bicycles belonging to them, attached to which were these two bags. I believe there was a horn on Saver's bicycle and a bell on Kemp's. I took them to the station, where they were put up to be identified. Sayer was immediately identified by Mrs. Coles. He and Kemp were beside one another; they took up the position of their own accord. When charged Kemp said, "I am the man that took the stuff. This man (Sayer) is innocent. The old lady is telling lies." Turning to Sayer he said, "Give us your hand, You shall not suffer for this." Sayer made no reply when charged.
To Sayer. I did not look for any clothing. I found nothing in your possession relating to the charge. (To the Court.) Everything that has been traced was in Kemp's possession.
The jury here intimating, at the suggestion of the Judge, that they did not think there was sufficient evidence to convict Sayer, returned a verdict of Not guilty.
The four further indictments on which Sayer was charged were not proceeded with, and the jury returned a similar verdict as to those.
It was stated that Kemp had been three times convicted for absconding from the workhouse with his clothes. There had been numerous complaints in the neighbourhood where he worked with another man gathering rags and bones of thefts from unoccupied houses.
GEORGE SMITH , rag and bone merchant, Brynhilde Street, Canning Town, stated that prisoner, whom he had obtained from the work-house, had worked five months with him, during which time he had found him honest. Sentence (Kemp), Six months' hard labour.
BEFORE THE RECORDER.
(Wednesday, November 23.)
pawnticket. I had never seen him before. On October 5 I identified him at once at the Wimbledon Police Station.
Cross-examined by prisoner. I never said at the police station that I recognised you as occasionally coming to our shop. I have no recollection of allowing you 1s. 6d. on a coat. It is about a quarter of a mile from where you live to the shop.
HAROLD HEPWORTH MAY . I am a friend of the prosecutor, who lives at "Faircroft," Dorset Road, Merton Park. In the second week in August he was away on a holiday and his house was locked up. He left me the key and I went there from time to time for his letters. I called on August 19 and the place was all right then. I called about 11 a.m. the next day and found the back windows were open and the whole place in disorder with the exception of one bedroom and the drawing-room. In the dining-room there were some candlesticks and a cruet wrapped up in a coat. I informed prosecutor. (To the Court.) The back garden looks on to the railway. The scullery window is about 4 ft. from the ground.
To prisoner. I have never seen you in the neighbourhood.
ADA ELLEN BUCKINGHAM . My husband is in the country. We returned from our holiday on September 15, when we missed this pair of shoes (Exhibit la), which belong to my husband, a pair of patent boots, and other things. I value the things we lost and the damage done to be £6. The only things we did not recover were the pair of boots and an antique ring. (To the Court.) We waited until the following week before communicating with the police.
Detective-sergeant JNO. GILLON, V Division. On August 29 I received information that "Faircroft," Dorset Road, had been broken into. I went there and found the place in confusion. Somebody had apparently entered through the scullery window. I had a description of the articles missing and I traced this pair of the shoes (Exhibit la) to Mr. Holmes's pawnshop. At 10.40 p.m. on October 4 I was in company with Detective Wood when I saw prisoner in Revel stoke Road, Wands worth. I stopped him and told him we were police officers and asked him his name. He said, "Charles Reilly." I said, "You answer the description of a man we suspect of having broken and entered the dwelling-house 'Faircroft,' Dorset Road, and stolen shoes, boots, a gold ring, and other articles." He said, "That has got to be proved. I know nothing about it." I said, "I have reason to believe you have been dealing with some of the property." I took him to the station and there explained the circumstances to him. He said, "I have had some of the f—g stuff." I said, "Yes. I found a pair of shoes pawned and the pawnbroker will be given an opportunity of identifying you to-morrow morning." He said, "He cannot do it." On the following morning he was identified by the pawnbroker without any hesitation. When the charge was read over to him he made no reply. On searching his lodgings with Detective Wood there were handed to us by his landlord's son a vest and tie, which Mr. Buckingham's son afterwards identified as his property.
To Prisoner. At the station you asked us if we would let the people with whom you lodged know where you were. You did not say that we
could find nothing there, because you had done no burglary. It is about three miles from where you live to the scene of the burglary.
FREDERICK ARTHUR ANSTEY . I am aged 15 and live with my father, a saw sharpener, at 78, Esk Road, Battersea. Prisoner lodged with us. About seven o'clock one morning in August he brought in a pair of shoes and some ties, of which this is one (produced). I am quite sure he had not been home that night. He said he had been working or a rag merchant all night. He said that his mate had been working at a house and had been given these articles which he had given to him, the prisoner. He said to my sister, "I can pawn them for half a crown or more." (To the Court.) When the sergeant came to the house I gave him a tie and a waistcoat which I had found in the washhouse. Prisoner was still lodging with us.
To prisoner. I do not remember whether you came home on the night after.
ADA ANSTEY , 78, Esk Road, Battersea. I remember being out one night in August. A little before or a little after seven the next morning he came home, bringing a pair of patent shoes. He told me had been working at a rag merchant's that night. He had also some pieces of cloth and two ties, of which this is one (produced). He told me he was going to pawn the shoes, and that he thought he would get 2s. 6d. or 2s. 9d. for them.
To prisoner. I do not think you were out the following night as well.
OSCAR HAROLD BUCKINGHAM . I live at home with my parents. I was away when this burglary took place. I recognise this waistcoat and tie as being my property; I left them in the house when going away for my holiday. I identify waistcoat by the lining and an oil stain which is upon it; I am an engineer and used it in my works office. Information reached us of the burglary on August 20.
Police-sergeant JOHN ELLIOTT, V Division. (To the Court.) I examined this house at 10.30 p.m. on August 29. The window by which access had been obtained to the house was only a few feet from the ground; it was a sash window and a knife had been used to push aside the catch. Someone had attempted to break into a bedroom which was locked. The front door being on the latch the thieves must have left by that means. It is secured by a chain inside which had been taken, down.
Mrs. BUCKINGHAM, recalled. (To the Court.) There are no means of securing the front door except by the chain inside.
Prisoner's statement before the magistrate. "On August 20 about a quarter past six in the morning I bought a pair of shoes, a waistcoat, and three ties as I was coming home from work from a man named Partridge, living at Streatham, who asked me if I would buy them for 1s. 6d. I asked him where he got them from, and he told me he was keeping company with a young woman who works at Merton, and the governor of the house gave them to her and she gave them to him. He also had a pawnticket of another pair of boots which he said he had pawned at Streatham, and asked me if I would buy the ticket. I told him I did not want it. I pawned the shoes not knowing
they had been stolen. On the night I was arrested I was with a man I had bought the boots off of, and he left me, and I think he got the police to arrest me."
CHARLES REILLY (prisoner, on oath) read a statement to the same effect as the statement he had made before the magistrate, and added: Sergeant Gillon came to me in my cell and advised me not to give the statement I had given in Court or I would get 12 months instead of four or five, and that I should plead not guilty to housebreaking but guilty to buying the shoes knowing they had been stolen. I said I did not know anything about them. He told me he wanted to see me get off lightly and gave me some cigarettes and threepence. I work for a rag and bone merchant, and was working for him on this Friday and Saturday night.
Cross-examined. I cannot give you the full address. I worked for him two nights previous to this. Partridge did not work there also. I have known Partridge some years as living in the same road as myself. I asked the police officer to try and find out where this rag merchant was.
Detective-sergeant GILLON (recalled). Prisoner's account of what took place in the cell is absolutely false. When we arrested him he was by himself. Inquiries have been made and no rag shop where prisoner worked can be found.
Detective-constable WOODS, V Division. I have looked in Queen's Road, Battersea, for the rag shop where prisoner says he worked and have been unable to find it.
Prisoner confessed to a previous conviction for felony at the Newington Sessions on August 24, 1909. Three previous convictions were proved against him. It was stated that he never did any work and that he was an associate of thieves and gamblers.
Sentence, 22 months' hard labour.
BEFORE THE RECORDER.
(Thursday, November 17.)
POTTER, William (27, wireman), TOWNSEND, Frederick (26, painter), and WATSON, John (20, labourer) , pleaded guilty of burglary in the dwelling-house, No. 2, Men's Quarters, Ranelagh Club Grounds, and stealing therein one teaspoon, the goods of the Ranelagh Club Syndicate.
Potter confessed to a previous conviction of felony at the Lewes Sessions on October 19, 1909, and Watson at the Mansion House on October 4, 1910, in the name of "James McGregor." (He pleaded
not guilty to an indictment charging him with stealing two brushes, the goods of Alfred Wagwell, but this was not proceeded with.) there was no police officer in attendance to speak as to the prisoners.
Sentences: Potter 12 months and Townsend six months, each with hard labour. Watson two years' imprisonment under the Borstal system.