Vol. CLIV. Part 914.
CENTRAL CRIMINAL COURT
HELD DEC. 6TH, 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.
THE ARGUS PRINTING COMPANY, LIMITED, 10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, October 6th, 1910, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman,LORD MAYOR of the City of London; the Right Hon. LORD COLERIDGE one of the Justices of His Majesty's High Court; Sir HENRY E. KNIGHT, Knight; Sir HORATIO DAVIES , K.C.M.G.; Sir JOHN PUNND, Bart.; Sir GEORGE WYATT TRUSCOTT , Bart.; Sir CHAS. CHEERS WAKERFIELD, Knight; and Sir HORACE B. MARSHALL, Knight, LL.D., Aldermen of the said City; Sir FOREST FULTON, Knight, K.C., Recorder of the said City; sir FK. ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge RENTOUL, K.C., Commissioner His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
HENRY C. BUCKINGHAM, Esq.
E. V; HUXTABLE, Esq.
CENTRAL CRIMINAL COURT.
VEZEY-STRONG, MAYOR. SECOND SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, December 6.)
BEDFORD, Henry Ernest Percy Daniel (22, sorter) , pleaded guilty of stealing one postal packet containing 6s. 5d., the goods and moneys of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence postponed to next sessions.
DALY, Daniel (27, seaman) , stealing upon the British ship Inanda upon the high seas one watch, chain, and one seal, the goods of Henry Grellier, one pencil and one knife, the goods of Robert Sterling, one work bag, the goods of Mrs. Saurer, one watch, the goods of Mr. Saccadora, and one pillow slip, the goods of George Hall, and feloniously receiving the same.
Mr. Huntly Jenkins prosecuted. Prisoner was tried on the first indictment.
WILLIS GIBBINS , chief officer s.s. Inanda, registered British ship now lying in the West India Dock, produced certificate of British registry. Prisoner signed articles in London on September 1, 1910, as A.B. for the voyage to Durban and back. She left London on September 2 and arrived in Durban on September 28. We carried three passage workers, who were employed to take care of horses and who all left the ship at Durban. The Inanda loaded up and left Durban on October 15. The Rev. Henry Grellier was a passenger from Durban to London and came on board on October 15. Prisoner had no business in any passenger's cabin.
Rev. HENRTY GRELLIER, 44, Station Road, Epsom. I travelled by the s.s. Inanda, of the Rennie Line, from Durban to London, joining the ship on October 15.; Gold watch produced is mine. I had it in my possession up to the night of Monday, November 7, when, with a gold chain and a seal attached, it was in my waistcoat pocket hanging in the cabin. The next morning I left my cabin to have a bath, returned in 10 minutes, when the watch, chain, and seal were gone.
I reported the loss to the captain. We arrived in London on November 10, when the watch was shown me by the police.
Police-constable JOHN BREWER, Port of London Police. On November 10, at 9.30 a.m., I saw prisoner leaving the West India. Docks, when I said, "I am a police officer; have you anything on you that does not belong to you?" He said, "No, all I have belongs to me." I took him to the police station, searched him, and found upon him three watches, including gold watch produced, identified by Mr. Grellier, which was in his left waistcoat pocket. I also found a number of other articles. I asked him, "How did you get this watch?" He said, "I bought it from a passage worker who left the ship at Durban." I handed prisoner over to the Metropolitan Police.
Detective CHARLES MUNVILL, Port of London Police, corroborated the last witness.
DANIEL DALY (prisoner, on oath). I was A.B. on board the Inanda When the vessel arrived at the West India Dock I went to work No. 1 winch. I found a coat, which I removed to No. 1 hatch. After tying the ship up I went to the forecastle and then asked the chief officer for money to go ashore. He gave me a sovereign to divide with another man. Passing No. 1 hatch I saw the coat still lying there and picked it up, when there fell from the waistcoat watch produced, a knife, and a pencil case. Thinking the coat belonged to the quarter-master, I took care of them and called out to the other men that I had got the quartermaster's gear, that I was going ashore to change a sovereign and would be back in five minutes. I was stopped at the dock gate by Brewer and searched, when he found upon me two silver watches and a metal one, and asked me how I came by those watches. I said I bought them from a passage worker. I was detained and handed to the Metropolitan Police.
Cross-examined. I have never told anybody this story before. I thought the officer was searching me for contraband goods. I was represented at the police court by a solicitor. I told my solicitor about the quartermaster's coat; he did not suggest that in defence. I told an untruth when I said I had nothing on me which did not belong to me. When I said I had bought it from the passage worker I referred to the silver watches.
Prisoner was stated to have joined the Navy in 1901 and in June, 1907, to have been transferred to the Naval Reserve with a good character; he was an excellent seaman and gave satisfaction on the Inanda.
Sentence, 12 months, hard labour.
MILLER, John, (32, coachman) , pleaded guilty of stealing from a post office certain postal packets, to wit, a post-card sent by James William Miller and one letter containing a postal order for 1s., the property of His Majesty's Postmaster-General.
Previous convictions proved: January 5, 1909, St. Albans Quarter Sessions, 18 months' hard labour, for burglary; July 27, 1907, at this Court, six months' hard labour for stealing letters; January 25,1908, North London Sessions, nine months' for burglary.
Sentence, 20 months' hard labour.
DAVIES, Charles William (27, groom) , pleaded guilty of attempted burglary in the dwelling-house of Farrington Tattersall with intent to steal therein, being found by night having in his possession, without lawful excuse, certain implements of house-breaking.
Prisoner confessed to having been convicted at North London Sessions on April 24, 1906, receiving nine months' hard labour for larceny from a railway station. Other convictions proved: April 25, 1896, Clerkenwell Police Court, unlawful possession, four years in an industrial school; September 23, 1905, Clerkenwell, three months' hard labour; November, 1907, Clerkenwell, three months' hard labour, and May, 1909, Clerkenwell, six months' hard labour, all for stealing clothing; December, 1909, 12 months' hard labour under the Prevention of Crimes Act.
Sentence, 18 months' hard labour.
PRITCHETT, George (22, cabinet maker), REES, david (22, case maker), BURKE, Henry (24, shoemaker), and HARRISUN, William (24, table maker) , pleaded guilty of stealing £2 16s. 3d., the moneys of John Rattle.
Each prisoner confessed to a previous conviction of felony. Ten other convictions were proved against Pritchett, including a sentence of 18 months for robbery and assault on the police; three convictions were proved against Burke, including April 7, 1909, 12 months for stealing jewellery; four convictions against Bees for stealing. Four short sentences were proved against Harrison.
Sentence: Pritchett, three years' penal servitude; Burke, 18 months' hard labour; Rees, 15 months' hard labour; Harrison, 12 months' hard labour.
JAMESON, George Henry (58, glass blower) , breaking and entering the shop of Arthur Adams Mather and stealing therein 2s. in money, the moneys of Arthur Harrison, and a quantity of cigarettes, the goods of the said Arthur Adams Mather.
Prisoner pleaded guilty to all charges except that of stealing the cigarettes, which plea was accepted, by the prosecution. He also confessed to having been convicted on February 23, 1909, at Newington Sessions, when he received 23 months for burglary, after a great number of convictions, commencing in 1893 and including five years' penal servitude.
Sentence, 18 months' hard labour.
GRANT, Alfred (19, porter), and DODGE, Edwin (20, baker) , both stealing 6s. 1d., the moneys of His Majesty's Postmaster-General; both stealing one telephone cash box, the goods of His Majesty's Post-master-General.
Mr. Forster Boulton prosecuted.
JOHN WILLIAM ROBERTS , 10, Tavistock Place, chemist. I have in my shop a telephone call box. On November 12 Grant asked to use the telephone, remained in the box a minute or two and went out. Shortly afterwards Dodge came in, used the telephone, and left. Two or three minutes afterwards a customer tried to use the telephone and could not get on with the Exchange; the Post Office were communicated with and an electrician put the telephone right the next morning. On November 15, at 9.45 p.m., Grant, whom I thought I recognised as the man who had been in on Saturday night, again asked to use the telephone, which he did. Immediately he left I tapped the box and found the money was in there. Dodge came in about two minutes after, used the telephone and left. I tapped the box and found there was no money there. I followed him out and saw the two prisoners talking together. The following day Grant again entered, asked me to use the telephone and went into the box. I fastened the door upon him and sent for a policeman.
HJOHN WILCOX , telephone linesman, G.P.O. On November 14, at 11.45 a.m., I examined the telephone box at 15, Tavistock Place. I found the wires were cut and that there was no money in the money box. All the boxes are opened by a key like that produced. There was no occasion to cut the wires in order to remove the money, but the thief had probably done so, thinking it was necessary. The box had been opened with a key.
(Wednesday, December 7.)
Police-constable ROBERT ARTHUR CROFT, 148 D. On November 16 I was called to 10, Tavistock Place, when I found Grant detained in the telephone box. Roberts said he wished to give him into custody. I asked Grant what he was doing in the box. He said, "That is my business—I will tell that to someone else." I searched him and found no money on him. Roberts ascertained that no money had been put in the box and that no call had been made on the exchange. I then took Grant to the station.
Cross-examined. I found three keys on Grant, but no key or other instrument by which he could have opened the telephone box.
Detective GEORGE STEVENS, E Division. On November 20, at 10.20 p.m., I saw Dodge in James Street, Camden Town, and told him I should arrest him on suspicion of being concerned with a man named Grant, otherwise Denny, in stealing money from a public telephone call box at 10, Tavistock Place. He said, "You cannot arrest me for that now, it is about five or six days ago, without a warrant. I do not know Denny and I do not know anything about the job." I
took him to Hunter Street Police Station; on the way he said, "I do know Denny. I know you know I do. Who is there to pick me out—a copper? I have been at work since the last job." The next day he was put up with eight other men of similar height and appearance and picked out by Roberts without hesitation. He was then formally charged with being concerned with Grant. He said, "I know nothing about it. I have never been in the chemist's shop."
Cross-examined. Roberts walked across up to Dodge, touched him on the shoulder, and said, "That is the man." There were no pincers or instrument found on him.
GEORGE FINCH , 9, Fleet Road, Hampstead, working sculptor and modeller. From November 7 Dodge was working for me as a labourer from 8 a.m. to 6 p.m. On November 4 he was at my shop up to 10 p.m. preparing a model.
Cross-examined. On November 12 he would be free to leave at about 6 p.m.
Verdict: Grant, Guilty on count 2, Not Guilty on counts 1 and 2; Dodge, Not Guilty.
Convictions proved against Grant: October 8, 1907, North London Sessions, in the name of John Denny, two sentences, concurrent, of 12 months' hard labour for attempting to steal from a telephone call box and assaulting the police; Mansion House, November 7,1906, one month for a similar offence.
Sentence: Grant, 18 months, hard labour.
Dodge was cautioned, as a large number of convictions were registered against him, and told that he was very fortunate in being acquitted.
BEFORE THE COMMON SERJEANT.
(Tuesday, December 6.)
Prisoner confessed to a conviction on January 4, 1908, at the Guildhall of uttering and possessing counterfeit coin, on which he received 18 months' hard labour. He had no regular occupation and would give no information about himself.
Sentence, Four years' penal servitude.
Mr. Wilkinson prosecuted.
JAMES GODDARD , landlord, "Phoenix" beerhouse, 79, Brick Lane, E. Shortly after 3 p.m. on November 14 prisoner with another man came in. The other man called for five ales and tendered a florin. I bent it with my teeth and found it was bad. I returned it to him and he gave me five pennies. At 8.30 p.m. that day I went to the police station and identified them both. I also picked out this florin (produced) as the one that had been tendered to me.
Cross-examined by prisoner. There were three other men in the bar when you came in and you asked them to have a drink. I originally charged two of these other men with being concerned in it, but I do not think they had anything to do with it. When I said the florin was bad you offered the other man a shilling for it.
(The man with whom witness stated prisoner went in was Arthur Kilrain (see page 181).
Detective HENRY RUTTER, H Division. About 7 p.m. on November 14 I was in Hanbury Street, Spitalfields, when I saw prisoner. I said, "Edwards, I suspect you of having counterfeit coin about you." He said, "Me?" I said "Yes" He said, "Hands off, Rutter, you know I don't put soft stuff down; that is not my game." I took him to the station. On searching him I found in his left trousers pocket three counterfeit florins, which I marked with my initials and the date. I said, "Edwards, these are bad." He said, "You put them in my pocket, you dirty bastard. Well, you cannot say that I have been in for this before. I know we have to go through it now. You was unlucky getting us with some on us both." When charged he made no reply. I also found on him four single shillings and four sixpences, good money. Goddard afterwards came to the station and identified him.
To prisoner. You had been drinking when I arrested you. You did not say you had got these bad coins gambling.
To the Court. He knew perfectly well what he was doing.
Detective THOMAS SMART, H Division, corroborated.
Prisoner's statement before the magistrate. "I did not know it was bad money."
JAMES GEARY (prisoner, not on oath). On this day when I was caught I had been drinking: I did not know they were bad when I was taken to the station. They had been tendered to me while I had been gambling; I won and that is how I got the money.
Twelve previous convictions were proved (none for coining offences), dating from 1887, the last two sentences being four years' and three years' penal servitude. There were also seven summary convictions.
Prisoner was released on June 8, 1909.
Sentence, Three years' penal servitude.
Mr. Beaumont Morice prosecuted.
GRACE FULCHAM , barmaid, "Bedford Head" Hotel, Tottenham Court Road. About 5.30 p.m. on November 12 prisoner came in and asked for a ginger brandy, price 2d., and tendered in payment a florin similar to this. I saw it was bad and bounced it on the side of the till. I then fetched Mr. Stewart and pointed out prisoner to him. He said to prisoner something about "charge." I went to serve other customers and left them together.
Cross-examined by prisoner. I did not say at the police court that Mr. Stewart said to you that he would not charge you.
Detective-sergeant JAMES BENNETT, T Division. About 5.20 p.m. on November 12 I went to the "Bedford Head" Hotel, where I saw prisoner detained by the manager, who told me that he had tendered a bad half-crown. He said that prisoner had admitted he knew it was bad and that he had got it from somewhere and intended putting it off on to someone else. Prisoner said, "Yes, that is right. I took him to the station and when charged he repeated the same thing. On searching him I found one shilling, a sixpence, and five pennies in good money. He gave me his name and address as "Thompson, 77, Wesley Street, Stepney." He afterwards said, "That is not my address. You need not go there. It is where my mother used to live. She does not live there now. I have been living in common lodging-houses." In answer to my inquiries, he said he had a round and sold vegetables as a costermonger and that he had no permanent employment.
HENRY SMITH , licensee of "The Hare" public-house, Cambridge Road, Bethnal Green. At about 9.15 p.m. on September 4 prisoner came in and asked for a small bitter and a packet of cigarettes, price 2d. He tendered a half-crown, which I found to be bad. I said, "I shall not give you this back again. I shall send for a constable and give it in his charge. "I did so I attended at the police court on the following morning when" he was remanded and, as far as I know, he was eventually discharged.
Police-constable JOHN RAINES, 216 J. About 7 p.m. on September 4 I was called to "The Hare" public-house. The licensee there, in the presence of prisoner, handed me this bad half-crown and said, "This man (prisoner) has tendered me this in payment for a glass of beer and a packet of Woodbine cigarettes." I said to prisoner, "Did you know that this was a bad coin?" He said, "No, I did not know, but I do now." In his waistcoat pocket I found a packet of Woodbine
cigarettes and one penny. I said to him, "Why buy cigarettes when you already have a packet upon you?" He said, "I did not know I had them." I took him to the station. He was eventually discharged.
FREDERICK GEORGE STEWART , manager, "Bedford Head" Hotel. On the evening of November 12 my barmaid, Grace Fulcham, brought me this half-crown, which I tested and found to be bad. She pointed out prisoner to me and I said to him, "Did you give this to the barmaid?" and he said "Yes." I said, "Do you know it is a bad. one?" and he made no reply. I asked him how many others he had got and he said it was the only one. I then asked him to come round to the office of the hotel and see the manager about the matter. When there he gave me his name and address, which was taken down by the young lady on this piece of paper (produced). He afterwards said that he was sorry he had given me the wrong address and that that was where his mother used to live. I then telephoned to the police. On an officer coming I told him what had happened. He said to prisoner, "Do you know anything about this coin?" and he said, "Yes, I knew it was a bad one and I wanted to get rid of it at the first place I could pass it off." I think he said he had got it from Smith field Market.
To the Court. He paid for what he had had with a good two-shilling piece. I did not promise that I would not charge him.
To prisoner. I said in the presence of the barmaid that I was going to charge you. I did not in the presence of the bookkeeper tell you if you gave me your right name and address and told me what you knew about the coin I would not charge you. You did not say you had got it in Oxford Street.
FREDERICK THOMPSON (prisoner, on oath). During the latter part of the afternoon of November 12 I was selling papers and I received this half-crown from an old gentleman in Oxford Street. I went and changed it at the "Bedford Head" Hotel. Mr. Stewart asked me if I had any more money and I told him I had a two-shilling piece and a penny. I paid for the drink with the florin. He said in the presence of the barmaid, "I am not going to charge you, but give me your name and address." I went round with him to the office, where he said, in the presence of the bookkeeper, "If you tell me you knew this coin was bad and give me your right name and address, I will not charge you." Thinking it was the best way to get out of the trouble I told him I knew the coin was bad and that the address I had given was wrong and that it was where my mother used to live. He then rang up the police and gave me in charge. I did not know the coin was bad until he induced me to say it was by saying he would not charge me.
Cross-examined. The manager did not ask me how many more like this I had got and I did not say, "That is the only one." I do not
remember saying that I wanted to pass it off on the first person I could; I may have done so, but whatever I said was on the understanding that I was not going to be charged. Henry Smith's evidence is correct. I want to recall the barmaid.
GRACE FULCHAM , recalled. The manager may have said, "I won't charge you" or "I will charge you." I did not hear anything except the word "charge." I thought from what I heard that he was not going to charge prisoner.
Four previous convictions were proved, three of stealing and one of burglary.
Sentence, Four months' hard labour.
Burrell confessed to a previous conviction of felony at the Newington Sessions on December 11, 1907, and Johnson to a previous conviction of felony on February 21, 1907. Eleven previous convictions were proved against Burrell and ten against Johnson. It was stated that they had done a little work since their last discharge.
Sentence (each), Three years' penal servitude.
BEFORE MR. JUSTICE COLERIDGE.
(Wednesday, December 7.)
Mr. Bodkin and Mr. Roome prosecuted; Mr. Huntly Jenkins defended.
Dr. PATRICK COTTER, 57, Caledonian Road. On October 29, about 2.15 p.m., I was called to 82, Southampton Street and there saw the dead body of a female child about six months' old. On the neck were the marks of fingers pressing upon the windpipe. Death was due to strangulation.
Dr. RICHARD L. CAUNTER, Divisional Surgeon. On October 29, about 2.45 p.m., I saw prisoner at King's Cross Road Police Station.; I was speaking to the inspector in charge, when prisoner joined in and said, "Yes, it's the cursed drink that done it." He was crying drunk?" at this time—half drunk, but not incapable; in a maudlin condition. I asked him, "What made you do it? Had the child annoyed you?" He said, "No; the little thing was asleep." I saw the body of the child, with Dr. Cotter, and made a post-mortem examination; the cause I of death was strangulation; death would take place after about three minutes' pressure with the fingers on the throat.
Cross-examined. Prisoner had the appearance of a man who had I been drinking heavily for some time.
Mrs. ALICE MARY PIPER. I live on the first floor at 82, Southampton Street; prisoner, with his wife and children, lived there in the basement. On October 29 I saw prisoner about one in the afternoon; he asked me if anybody had left any money for his wife. He seemed strange in his manner; he had a funny look on his face and staring eyes. About 2 o'clock I heard him go into his own rooms; he came upstairs almost immediately and as he passed me said, "You will have a surprise presently, Mrs. Piper." In ten minutes he returned with a policeman; I said to the latter, "What has he done, sir?" Prisoner said, "I have killed Blanche."
Cross-examined. Prisoner was a kind and considerate father. He had been out of work for some time and had been selling and pawning his furniture. He had complained about not being able to sleep; I have heard him walking about at nights. On one occasion he brought home some salts of lemon and on another a piece of rope. He was frequently the worse for drink.
Mrs. ALICE NEWMAN, 82, Southampton Street. I have known prisoner for 12 months; he is of intemperate habits and has done not regular work. On October 29 I saw him several times; once he went out with a jug and came back. About 2 o'clock, as he was going out, he said to me, "You will have a surprise in five minutes." He returned in a short time with the police and I then saw the dead body of the child. I asked prisoner what he had done it for; he said he did not know.
Cross-examined. He seemed fond of his children; I had noticed a funny look about him and he had a funny laugh.
Police-constable FRANK MARCHANT, 252 G. On October 29, about 2.25 p.m., I was in Northdown Street, Pentonville, when prisoner came up to me and said, "Guv'nor, I have killed my baby; it was all through drink." He was crying and looked strange. I went with him to 82, Southampton Street, and there saw the dead body of the child lying on its back in the bed, covered with a quilt. As I uncovered the body prisoner said, "It is done; I strangled it an hour ago with my hands; send for my wife."
Inspector WILLIAM BURNETT, G Division. I saw prisoner at King's Cross Police Station about 3 p.m. on October 29. He was drunk and crying. Two hours later I spoke to him and told him he would be charged with murdering his child, Violet Blanche, by strangling her; he commenced crying and said, "God forgive me; it is all through drink."
Cross-examined. From August to December, 1909, prisoner lived at 51, Dennis Street, Clerkenwell; he there tried to commit suicide by tying a rope round his neck. His uncle on the mother's side has been since 1886 an inmate of the Camberwell House Asylum; he is described as having a marked tendency to homicidal mania and on one occasion committed a murderous assault upon prisoner's mother. Prisoner's mother herself was admitted to the same asylum as "a dangerous lunatic, especially when in drink," and died of consumption
there. Prisoner's father committed suicide by hanging himself. Prisoner's maternal great-uncle also died insane.
SIDNEY REGINALD DYER , Medical Officer of Brixton Prison, said that, having had prisoner under special observation and gone into the family history as detailed by last witness, he was of opinion that at the time this act was committed prisoner did not know its nature or quality or that it was wrong.
Verdict, Guilty, but insane.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Raven appeared to prosecute.
This was a case of manslaughter by neglect. Prisoners had already been convicted of neglect and were undergoing punishment for that offence. With the concurrence of his Lordship, the prosecution now entered no evidence, and a verdict of Not guilty was entered.
Mr. Travers Humphreys prosecuted; Mr. Eustace Fulton defended.
HENRY EDWARD NORTON , M.R.C.S., superintendent of the Isleworth Infirmary. On October 20 Sarah Howe was admitted. She was in a condition of extreme emaciation and weakness; she was deformed by disease as regards her spine and chest; she was dirty and suffered from bed sores; her lungs were acting inefficiently; the heart was sound; she took food with marked readiness. On October 24 she developed congestion of the lungs and on the 27th she died. The post-mortem examination showed the primary cause of death to be mollities ossium, or softening of the bones; this disease she had had for some years; it may be taken to be incurable; the secondary cause of death was that, owing to the deformity of the chest, the lungs had been reduced by pressure to half their size and had become congested. There was a complete absence of fat on the body, showing that the woman had had either insufficient or improper food, or both.
Cross-examined. From the condition of the body I judge that the insufficient or improper feeding had extended over many weeks. What I found was consistent with either insufficient or improper feeding; if she had been improperly fed by an unskilled person that might have accelerated her death equally with insufficient food.
Mrs. KATE EVANS, wife of Edward Evans, draper, 12, Belford Road, Ealing. Prisoner was in our employment up to about two years ago; after he left I from time to time assisted his wife. I used to take her Benger's and Doig's invalid foods. In 1908 I ordered a dairy to send her a pint of milk daily. Nine months ago I ceased to
send her the foods as she could not take solids, but I continued to send the milk; I never stopped the order to the dairy. About May, 1909, I saw Mrs. Howe; she was in bed, very weak and emaciated, very dirty, and, in my opinion, wanted constant nursing and medical assistance; I made a communication to Mr. Copp, the relieving officer. In May last I heard that the supply of milk I had ordered had been stopped and I renewed my instructions for its delivery; in July I learned that it had been stopped altogether. I was always quite willing and anxious to keep it up. I last saw Mrs. Howe in July at her own home; she was then dreadfully ill and most awfully dirty. I did not see prisoner.
Cross-examined. I heard from the dairy people that they stopped supplying the milk in July because the Howes had moved.
Mrs.ALICE THOMAS, of the St. Lawrence Dairy, Acton, said that on the instruction of Mrs. Evans she delivered to Mrs. Howe a pint of milk a day and a pound of butter a week, commencing in May, 1908; the milk was continued until May 5, 1910, when, in consequence of a statement made to witness by her roundsman, it was stopped. On May 30 the supply was recommenced; on July 25 it was stopped altogether.
ALFRED E. BROWN , roundsman to last witness. I left the milk every morning for Mrs. Howe until May 5; then I found on one of our cans on the doorstep a note, "Please don't leave any more milk"; I have not kept the note. After three weeks I again started leaving milk. On July 25 deceased told me they were leaving the house and we ceased taking the milk there.
HENRY P. COPP , Relieving Officer at Cheswick. On May 28, 1909, in consequence of a communication from Mrs. Evans, I called at 409, High Road, Cheswick, and saw Mrs. Howe and had a conversation with her; she was looking very ill. Later that day prisoner called at my office and asked me why Mrs. Evans had interfered with his business; he said he considered it great impertinence on her part and that if he required a doctor he could pay for one—that he wanted nothing from the parish. I told him that I had offered an order for the doctor to his wife and she stated that she preferred to wait till her husband returned. I again saw Mrs. Howe on July 30, 1910; she was then very much worse and looked very ill and very much neglected. Prisoner was in the bedroom where I saw her. I asked him if he would allow me to send for the parish doctor and he refused I asked him if he was satisfied with his wife's condition, remarking that I was not, and that if he objected to the parish doctor I would pay for a private doctor for my own satisfaction. He said that, if his wife gave her consent, he did not say he would refuse; I then asked her and she refused; I asked her if she refused in fear of her husband and she made no reply. On that occasion prisoner produced some money to me to show that he had means to procure food for his wife. In consequence of a communication from Sergeant Jarrold, I visited the house on October 20; the woman was very bad indeed; I gave an order for the doctor to attend at once, and she was removed
to the infirmary. She was very emaciated and dirty and the room smelt exceedingly offensive.
Dr. DUCKER, Sutton Court Road, Cheswick. On October 20, on receiving instructions from the relieving officer, I called and saw Mrs. Howe. She was lying in bed, huddled up in a heap; she was in a very emaciated and dirty condition; she was in pain; she did not appear to be breathing properly. I at once ordered her removal to the infirmary. In my opinion her condition was due to neglect and want of food; the bedsores that she had would give her so much pain that that would in itself account for some emaciation. I should think the emaciation undoubtedly accelerated her death.
Cross-examined. I do not think the bedsores alone would account for her condition of emaciation; there must have been some lack of feeding; I do not mean merely improper feeding; I should not have expected her to be in that condition if she had had food administered at all.
Sergeant THOMAS JARROLD, 107 X. On October 20 I went to 409, High Road, Cheswick, to execute an ejectment warrant. I found Mrs. Howe in bed, very ill. The room was very dirty, so was the bed linen. There were a few biscuits in a bag on the bed; that was the only sign of food in the place. In the afternoon prisoner came in. I drew his attention to his wife's condition; he replied that he could not do anything more than he had done for her, as he was out of employment. I told him that I had sent for the relieving officer and that the doctor had ordered her removal to the infirmary. He said that she would have gone before, only that she did not wish to go; it was against her wish that she had been removed. I told him I thought he ought to have realised his responsibility and made better provision for his wife; he said he was unable to do any more, on account of means; that was referring to his supplying her with clothing and bed linen, etc.
Cross-examined. When I spoke to him as to food he said, "I am out of work; I have done my best and she is satisfied." I think there was 64 weeks' rent owing.
Police-constable WILLIAM CANNING, 62 T.R., coroner's officer, produced notes taken by the coroner of prisoner's evidence at the inquest. As the coroner was now absent through illness and the notes were not signed by prisoner, they could not be put in as evidence.
Police-constable ARTHUR COPPING proved the arrest of prisoner on the coroner's warrant. Prisoner made no reply to the charge.
Mr. Fulton submitted that the prosecution had not produced evidence of prisoner's means during "many weeks" (see Dr. Norton's evidence).
Mr. Justice Coleridge ruled that there was not sufficient evidence to go the Jury and, a verdict of Not guilty was entered.
BEFORE THE RECORDER.
(Wednesday, December 7.)
Mr. Blake Odgers stated that prisoner had been convicted at the October Sessions (see preceding volume, page 584) and had unsuccessfully appealed. It was desired to try him upon this indictment in order to obtain an order for restitution.
The Recorder said he should not try the prisoner again for that purpose. A verdict of Not guilty was entered.
SCHAFFER, Louis (18, tailor) , pleaded guilty that, being bailee of one bicycle, the goods of Raphael Zubrasky, he feloniously did fraudulently convert the same to his own use and benefit, thereby stealing the same; having been entrusted with 8s. 3d. the moneys of Raphael Zubrasky, to pay to another person on his behalf, he unlawfully did fraudulently convert the same to his own use.
Prisoner confessed to having been convicted on July 5, 1910, at Marlborough Street of stealing a bicycle.
Sentence, Two years' detention under the Borstal treatment.
BEFORE THE COMMON SERJEANT.
(Wednesday, December 7.)
CREASY, Charles Alfred (56, publican), MILLER, John (23, salesman), BROWN, James (22, newsvendor), HARRIS, George (22, tailor), SMITH, Robert (22, greengrocer), and COOK, Sidney (19, florist) , unlawfully possessing counterfeit coin with intent to utter the same.
Brown pleaded guilty
Mr. Beaumont Morice prosecuted. Mr. Purcell defended Creasy; Mr. Crawford defended Miller; Mr. Daniel Warde defended Smith.
Police-sergeant ALFRED HANDLEY. Medical evidence having been given of this witness's inability to attend, his deposition at the Old Street Police Court on November 7, 1910, was read as follows: "During the past week observation has been kept on the 'Pitt's Head' public house, Pott Street, Bethnal Green, of which Creasy is the licensee. During that time I had seen Brown, whom I know as 'Pluckrose,' enter and leave with a bicycle soon after 3 p.m. on Saturday with Inspector Divall and other officers. I saw Brown ride a bicycle down the street and take that into the 'Pitt's Head.' We entered soon after. In the bar in the taproom were several working men. I entered the bagatelle room in the rear, followed by other officers, where I found Miller, Brown, Harris, and Cook. I
said to them, 'We are police officers.' Harris at once ran into a corner of the room near a window. Cook ran to the fireplace. I saw him put his hand in his jacket pocket and then put it behind him. I arrested Miller. I saw Sergeant Wright pick up a number of coins from the bagatelle table and the floor. I handed Miller to another officer and went to the spot where I had seen Cook fumble in his pocket. On the floor there I found a small packet wrapped in newspaper. It contained 25 counterfeit florins, 17 dated 1901, two dated 1907 and six dated 1909. I went to Cook, who was in charge of another officer, and said, 'This is what you ran over to the fireplace for" holding out the packet. He made no reply. I saw Creasy behind the bar. Inspector Divall said to him, 'I want to search your cellar, as I have arrested a number of men found in possession of counterfeit coin in your bagatelle room, and I have good reason to believe this has been going on for some time to your knowledge.' Creasy said to me, 'Handley, what do you want to go down there for? There is nothing there. I am the only person that goes into it. I keep the door locked and carry the keys,' He unlocked the padlock of the cellar door. Inspector Divall, Wright, and I accompanied him into the cellar and searched it. I saw Wright find a small newspaper parcel beside one of the barrels which was opened in Creasy's presence and contained 25 florins. I said, 'Creasy, you say you are the only person who uses this place and that you keep the keys of the door. How do you account for these coins being here?' He said, 'My potman must have put them there.' On a further search I found on a beam wrapped in coloured paper one counterfeit florin dated 1907. I showed it to Creasy. He said, 'I cannot say how it got there.' Prisoners were taken to the station and charged. None of them made any reply.
"Cross-examined for Creasy. The bagatelle room is right away from the bar and cannot be seen into from the bar. None but Miller, Brown, Harris, and Cook were in the bagatelle room. Creasy was not asked who used the cellar. Creasy said we could search where we liked. When we were in the cellar it took us five minutes to find the coins. They were not well hidden. They were beside a barrel. Creasy's potman is Pluckrose, the father of the prisoner Brown. The man called Beam I found after the other prisoners had gone. Creasy said he had held 16 licenses, and only had been at that house two months. He is a man of good character. The house was thoroughly searched and nothing else was found.
"Cross-examined for Harris. No bagatelle was being played in the room. You had your overcoat and hat on." November 15. "Cross-examined for Creasy. I have noticed workmen about the 'Pitt's Head.' They were outside on ladders and were thoroughly doing it up. There are two cellars—a spirit cellar and a beer cellar. Both were locked. One door leads to both. I am certain that the door was locked. The door leading to the spirit cellar was also locked. Nothing was found in there. When Creasy made the remark, 'No one goes in there but myself,' he did not specify which cellar he referred to.
Cross-examined for Miller. The bagatelle room is a public room. Everyone in the room when we entered was arrested. You can reach the lavatory by going through that room. Miller did not come back into the room, but just after we entered he was searched, and he had 10s. in gold, 10s. in silver, 1 1/2 d. in bronze on him, good money.
"Cross-examined for Brown. You did not say you put the coins in the cellar." "Brown says, 'I put the coins in the cellar., "
Police-constable GEORGE WRIGHT. About 3.45 p.m. on November 5 with about 15 other officers and I went to the "Pitt's Head." Sergeant Handley and I went to the bagatelle room at the back of the building. I there saw Miller, Harris, Cook, and Brown. Immediately Handley said "We are police officers" there was a stampede. Harris ran towards a window in the corner of the room and Cook towards the fireplace near the skittle table, both fumbling in their pockets. I saw Cook drop a piece of paper behind his back; as he got there he turned round quickly and dropped it. Miller walked some distance up the side of the bagatelle table, took his left hand from his coat pocket and dropped a number of coins in a piece of paper very quickly on the table. He then walked a little way away and threw some other coins on the floor. I spoke to Handley and he caught hold of him. I went to the table where he had dropped the coins and found 16 florins dated 1901, eight dated 1907, and seven dated 1909; five of these were on the floor. I found no bad money upon him. He said, "I only just got them from him (indicating Brown) when you came in. I have had nothing to do with the making of them." I then searched Brown and upon him I found in various pockets 31 coins altogether, consisting of one crown dated 1890, 27 florins dated 1901, and three florins dated 1909. He said, "I am done. These fellows buy them off me. We do not make them. I bring them here. That is all I have got on me. I had 18 quids, worth altogether. I know what it means for me. I do not get much out of it. I pay 5s. for £1's worth and sell them at 6s. 6d." All the prisoners except Creasy were present when he made this statement. They said nothing. (Witness corroborated the evidence given by Handley as to the interview with Creasy and the subsequent searching of the cellar.)
Cross-examined by Mr. Purcell. I believe there was a van delivering beer before we raided this house. Creasy did not say that his potman went down to his cellar to clear up and had just gone down to see to some barrels of beer being put in; he distinctly said that no other person but himself went down there.
Cross-examined by Mr. Crawford. I found some good money, I think, in Miller's right-hand trousers pocket. He took the coins wrapped in paper from his left-hand overcoat pocket and put his other hand into his right hand trousers pocket. The bagatelle room was public. The only entrance to it was the door we went in by. There were, with prisoners, eight of us altogether in the room, which was not very large. There was a scuffle, but it was not difficult to make detailed observations. I did not caution Miller. I wrote down what he said three-quarters of an hour afterwards. He took the five
florins that I found on the floor from his right-hand trousers pocket, in which I found 1 1/2 d. in good money. He had also a half-sovereign and 10s. in silver in, I think, his left-hand trousers' pocket.
Cross-examined by Harris. All you four were close together when we came in.
Cross-examined by Mr. Warde. There were 14 or 16 other men besides prisoners on the premises; they were ordinary customers. There was a good deal of confusion when we entered and shut the doors.
Cross-examined by Cook. You had plenty of opportunity to drop anything before you were arrested. You stood with the rest at the bottom end of the table.
Detective FREDERICK COBLEY, J Division. From 2 to 4.30 p.m. on October 29 I kept observation on the "Pitt's Head." I saw certain prisoners enter. Brown was one of them. On October 3 I watched from 11. a.m. to 4.30 p.m., when I saw 21 strangers to the district enter the door of the bar that leads into the bagatelle room; they would have to go through a bar and the taproom to get there. Brown came on his bicycle and I also saw Harris and Cook enter. On November 1 I watched from 2 till 4,30 p.m., when I saw 18 enter the same door. Brown came again with his bicycle. Smith entered at 3.34 and came out at 3.46 p.m. Shortly before 4 p.m. on November 5 I with other officers rushed into the bar that leads to the bagatelle room and I shut the door and stopped there. I heard a rushing sound and then I saw Smith run from the private part of the House by the side of the taproom into the back of the bar. I said to him, "What are you running away for?" He made no reply and ran into the taproom, where there were seven or eight others. I ran to meet him and he sat down in the seat just as I went through the door. I caught hold of him and he said, "I did not like being found here when you people came in." I took him into the bagatelle room and on searching him found in his right waistcoat pocket three counterfeit florins dated 1909, wrapped in tissue paper. He said, "You must have put them there." I also found sixpence in silver and three pennies in his left waistcoat pocket. He then said, "I did not know they were in my pocket. Somebody must have put them there." That was not true. When charged he made no reply.
To Mr. Purcell. At the end of the bar into which these men went there are some steps which lead up to a taproom, at the side of which is a passage. On the other side of the passage is the bar parlour. The passage leads to the back, but that is not what I mean by the private part of the house. He came from the bar parlour; that is where I first saw him.
To Mr. Crawford. I did not see Miller on any of the days I kept observation.
To Mr. Warde. All the people in the taproom were searched, but none arrested. Orders were given for everybody found in the house to be searched. Smith was not sitting in the taproom smoking and I did not call him out. Quite a lot of people were trying to hide
money and there was a state of confusion. I should not think it would be possible for money to have been slipped into Smith's pocket without his knowing it.
Re-examined. I am quite clear that Smith came through the bar parlour, the private part of the house, into the inside bar. I could not see where he had come from.
Sergeant JOHN COURSE, J Division. I was with the officers who made this raid on November 5. I saw Sergeant Edwards arrest Harris, who was standing against a little table in the corner of the bagatelle room. He led him towards a skittle table. On the table by which Harris had been standing I saw a parcel. Whilst I was picking it up Cook, who was standing against the fireplace, went to the other corner of the room. I went to him and asked him what he had got about him. He said, "I've got no bad money, Mr. Course. I was playing bagatelle." I searched him and found 10s. in silver and 8 1/2 d. bronze, good money, three penny packets of cigarettes, and a pocket-book in which the name "G. Harris" was written in several places. I said, "Do you wish to give any information about having all these cigarettes?" He said, "I bought them all at one shop in Dalston this morning." I said, "Where is the shop?" and he said, "I forget." Pointing to the money which I had placed on the table he said, "That's my own money. My mother gave it to me at one o'clock to-day to get my overcoat out of pawn." I said, "But you have not been near your mother for some time." He made no reply. I then said, "You heard what Sergeant Handley said about that parcel he found near the fireplace where you were standing?" and he said, "Yes, I did. "On November 15 he, Harris, and Miller were identified by Garforth, of the "Holly Tree" public-house, Dalston Road, as having uttered a counterfeit florin. Miller said, "Let the man have another look. I am sure he has made a mistake. I have never been there in my life." I then said to Cook, "I have made inquiries from your father and mother. They state you have not received any money from them; that you have not been home for about five weeks, and that you did not receive any money from them on the 19th of last month." He said, "That is quite right. It is all lies that I have told you. When I get over this I will never go wrong again." On examining the parcel I found on the table on the 5th I found it contained 18 counterfeit florins dated 1901 and two dated 1907, separately wrapped in tissue paper.
To Mr. Crawford. Miller was not identified as having actually uttered the coin.
To Harris. I did not see anything in your hand when I came in and saw you in Edwards's custody. No other prisoners but you were near the little table on which I found the parcel of coin.
To Cook. One of the packets contained three cigarettes, one four, and the other two. They are sold in packets of five. I saw your parents the same night as I arrested you. They were not excited.
Sergeant WRIGHT (recalled) produced and proved a plan of the premises.
Detective JAMES WOOD, J Division. On the afternoon of November 5 I kept observation on these premises. At 2.20 Smith entered the door of the bar which leads to the bagatelle room. At 3.5 Brown, with a bicycle, at 3.20 Harris and Cook, and at 3.25 Miller came up and went through that same door. I left at 3.30. Shortly before 4 I went in with the other officers and saw all prisoners arrested. I assisted to take them to the station.
WILLIAM JAMES GARFORTH , licensee, "Holly Tree" public house, Islington. About 8.30 p.m. on October 19 Miller, Harris, and Clayton (or Cook) came in and were served with beer. Cook tendered a florin which I saw my potman break into two pieces with his teeth. He handed it to me and I asked Cook where he had got it from and if he had any more. He said he got it from his father, Mr. Clayton, a florist, of Dalston Lane. "You know Jack Clayton?" I said, "Yes." He said, "Well, that is my father and I work for him." He paid for the drinks with a good coin. These are the broken pieces. (Exhibit 8.) I attended at the police court on November 15 when I identified prisoners.
To Mr. Crawford. Miller did not ask me to look again saying that I had made a mistake. The police did not ask me to look at him again. I had never seen him at my beerhouse before. I identified him without hesitation.
HARRIS. "I went into this place with Cook and another man, not this man here (Miller)."
COOK. "I admit going into the public house, but I did not know the coin was bad."
Inspector HARRY LAWRENE, J Division. At 9 p.m. on October 19 Garforth handed me a counterfeit florin in two pieces. He made a statement to me.
Sergeant JAMES EDWARDS (C.I.D.). About 4 p.m. on November 5 I went with other officers to these premises. When I went into the bagatelle room I arrested Harris, who was standing against a long narrow table near the window. I said, "I am going to search you," and he said, "You will find no 'snide' on me." I took him to the little skittle table, which is between the window and the fireplace. I turned out the contents of his pockets and found 4s. 6d. in silver and 10 1/2 d. bronze in good money, four 1d. packets of cigarettes and one 2d. packet, two 1d. packets of Peter's chocolate, a packet containing some cachous, and a match box which also contained some. He said, "I was playing bagatelle," and I told him he was not. He said, "Well, I came in here to have a game." I took him to the Bethnal Green Police Station. He gave his address as "Rowton House, Charing Cross," which he afterwards altered to King's Cross. I told him I would make inquiries, and he said, "I will tell you the truth. I live in a 'kip' house (common lodging house) at Balls Pond Road—it is No. 36. You ask for 'Dido'—that is the name they know me by there," I asked him where he had bought the cigarettes and chocolate, and he said, "At Kingsland." I asked him what part,
and he said, "At a barber's in Kingsland Road." Kingsland Road is about three miles long. He said I would have to find out where it was and laughed.
To Harris. When I first saw you your hands were behind your back. You had your hat, coat, and gloves on and were not playing bagatelle at all. I did not see anything in your hand.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. I have examined 135 florins and one crown and one broken florin and found them all to be bad; they were handed to me by Detective-sergeant Handley. All the coins of one date seem to come from the same mould. I could not possibly go through all of them, so there may be exceptions. They are all fairly well made.
CHARLES ALBERT CREASY (prisoner, on oath). I have been in business for 25 years as a licensed victualler. My character has been inquired into by the police when my licenses have been transferred or renewed and no question has ever been raised. I have been at the "Pitt's Head" a little over two months. Brown is the son of a potman I had there named Pluckrose. He had gone for his rest on the day of the raid. At 2 p.m. he was superintending two barrels of beer being put in the beer cellar, which was never kept locked. Access was gained to it by a door leading from the passage; I had to go downstairs. From the cellar you get into the spirit cellar by a door which I always kept locked and of which I kept the key. It was the spirit cellar door that I was referring to when I told Sergeant Handley I always kept the cellar locked and kept the key. Nobody had access to it but myself. My potman was in and out of the beer cellar all day long. I told the police they could look where they liked for counterfeit coin and they did so. I did not know there was any in the beer cellar. When serving in the bar you cannot see into the bagatelle room.
Cross-examined. I did not see anything of the stampede that took place when the police arrived; I heard it. Smith has never been in the bar parlour in his life. I never saw him running at all on this day. I did not say to Handley, "What do you want to go down there for?" when he said he wanted to search the cellar. There was nothing said about spirit cellar, but that is what I was referring to. The passage door of the beer cellar was secured by a padlock, but this was broken and was never locked; I took it off and showed the officers down. I did not take a key out of my pocket to unlock it. When shown the coin I said that I did not put it there and that only the potman and myself were there. It was while in the beer cellar that I said I always kept the door locked and kept the key myself and it was after they found the coin I unlocked the spirit cellar door. I said the potman must have put them there.
Re-examined. When Handley was giving evidence at the police court Brown said, "I put the money into Creasy's cellar unbeknown
to him." I had seen him in there once or twice and I cautioned his father about it. He said he was only showing him some cellar work. When Cobley saw Smith he might have come from the passage which leads to the bagatelle room.
To the Court. Smith called on this day to bring me a business wire.
ROBERT SMITH (prisoner, on oath), greengrocer, 210, Brick Lane, On this day I went with some information as to a horse I got from a Pizzy's wire, which I had been in the habit of doing. I had in my pocket 6d. in silver and 4d. in bronze. I saw Creasy and bought a glass of ale. As I had nothing to do for an hour I sat down in the taproom, where some other men were sitting. I had been in there half an hour when I heard shuffling in the bar. I went to open the door to see what it was when one of the detectives opened it from the outside and told all of us to sit down. I did so. He then ran into the bagatelle room. I was not in the bar parlour or behind the bar when he saw me. He returned and called me into the bagatelle room, where he searched me. When he found the three florins wrapped up paper I said, "Don't be wicked, for you know very well you have not taken them out of my pocket." He said, "We don't do anything of the kind." I was excited at the time. No charge has ever been brought against me before. I do not suggest that he put them there, but I have no knowledge as to how they got there. I left school with seven years' good character.
Cross-examined. I have known Creasy about two months, and have given him sporting tips nearly every day. I always used to tell him them over the bar. I did not go to the bagatelle room nor the lavatory at all that day until the detective called me in. I was not running quickly into the inner bar when he saw me.) Cobley asked me why I was running or something to that effect; I suppose he thought I was. He never caught hold of my arm when he saw me, and I did not say, "I don't like being found here when you people come in," or anything like it. I did not say when he found the coins that somebody must have put them there, and I do not withdraw that. I said nothing when charged, I was too upset. I did not know what to say. I did not know that I was entitled to say anything.
Mr. Crawford called no evidence on Miller's behalf.
Verdict, Miller, Harris, and Cook, Guilty; Creasy and Smith Not Guilty. The jury added that Creasy should use more discretion in the future in the supervision of his premises.
Sentences (December 10), Miller, one previous conviction for larceny in 1908 was proved against him. It was stated that there was no doubt that he had been engaged in uttering counterfeit coin since August, 1909, 12 months, hard labour; Brown, one previous conviction for larceny in February, 1909, was proved against him. For many months past it appeared that he had been in the service of makers of counterfeit coin, Nine months' hard labour; Harris, up to 12 months ago he was a respectable lad, but since that time he had been associating with bad characters and passing counterfeit coin, Six months' hard labour. Cook, who had evidently been influenced by his associates, was released on his own and his father's recognizance's in £20 each to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Wednesday, December 7.)
Police-constable KIRBY. I arrested prisoner in Cheapside at half-past He was acting suspiciously in front of a pair-horse van. He took from the seat an overcoat and went to make off with it. I stepped forward to arrest him and he struck me with his hands and knocked my hat off. I closed with him, and he became very violent. He kicked me in the stomach and he said, "I will throw you under a motor bus." I had a hard job to keep my feet. He then kicked me in the stomach with his knee. He was not under the influence of drink. He behaved very violently, kicking in all directions. He caught his foot against something which caused us to fall to the ground. A motor bus coming by at the time just brushed my shoulders as I was on the ground.
Several previous convictions were proved.
Sentence, 12 months, hard labour.
Detective-inspector FRANCIS CARLIN, M Division. I arrested prisoner on October 27. I told him I was a police officer. I showed him the two marriage certificates and asked him if he was the person mentioned therein. He said, "Yes; I knew she was alive. I am not legally married to her. She is a Roman Catholic and I am a Protestant. We were married at the Catholic Church." On the way
to the station he said, "What is the usual sentence for this? I have a good character. I never deserted her. I kept up my allowance to her. We separated. She is a bad lot." There are some letters from prisoner's wife, who is in Dublin, attached to the depositions, also letters from prisoner which he admitted were his. He had served two months with the Metropolitan Police when he asked to resign, saying that he wanted to go to Lancashire to live. He resigned next day and married prosecutrix.
KATHLEEN CHAPMAN , 40, Princess Street, Manchester. I was present on September 9, 1902, when prisoner was married to Maria Barnes at the Roman Catholic Church of St. Nicholas, Dublin, and I signed the register.
ELIZABETH AMELIA PRITCHARD , 3, Weymouth Street, Blackfriars. I am a widow with three children. I first met prisoner about the middle of June. He proposed to me. He said he was single. We were married on September 10. Prisoner has had no money from me. Since we have been married he could not have treated me better. We were in business and making it pay. I bought it for £25. I had a legacy of £300 from my husband, but prisoner did not know that before we were married.
JACOB STEVENS (prisoner, not on oath). first became acquainted with Maria Barnes, or Maria Kavanagh (I knew her under both names), in 1902. She sailed under a good many names. I was introduced to her by a chum of mine. She told me her people had turned her out, and she went to live with the witness, Mrs. Chapman. I married her, and from that time I had nothing else but trouble. Before we were married she asked me to change my religion; I said "No." I went to see the priest and he asked me different questions. We went to the military chapel, and put our names down, and three weeks after we were married, on September 9. On August 10 she went to be confined at a hospital at Kingsbridge. I was away at maneuvers at the time. I had a telegram to come up and see her. I found my home all gone to wrack and ruin. On February 10 I went home to dinner and took the child from the cradle; it was convulsive. I took it to the hospital, and it died in my arms. When I came back the woman seemed to go off her head. I humored her every way in her carryings on. She used to drink. She ran away and stopped way for weeks together. Every time she went she used to sell everything I possessed. She told me herself the marriage did not stand food. (Prisoner handed his Lordship a cutting from the "Morning post" of November 4. This was the comment of a Protestant bishop to the effect that what the Church of Rome claimed as a right in regard to mixed marriages the Protestant Church denied. Judge Rentoul observed that that could not have affected prisoner's mind because it was published after the date of the second marriage.) I would not have done what I have had I known I was properly married. I have gone through my life to the present day without doing a wrong action to anybody.
Inspector CARLIN, recalled. We have made inquiries of the Dublin Police, and they write that they have ascertained that there is no truth whatever in the allegations made by prisoner against his wife's moral character, and that she is a very respectable hard-working woman, and every person who knows her speaks most highly of her.
Sentence, 12 months' hard labour.
Warder HARRY BARLOW, Pentonville Prison. Prisoner was sentenced to three months' hard labour at Bow Street Police Court on April 12 and recommended for deportation. That was for stealing money. On his release on June 24 I served a duplicate copy of the Home Secretary's order on him and explained to him then that if he was found in the country after the time had expired he would be liable to be arrested. He was granted 14 days to arrange his affairs. That is what is called a non-custody order.
Sentence, Three months' hard labour; recommended for expulsion under the Aliens Act.
Mr. Raven prosecuted.
SARAH HAYWARD , 18, Carlton Road, Sidcup. We left our house on October 5 and returned on the 19th. There was nobody in the house. Ethel Purser was looking after it. I did not see the house in its turned-over state when I returned; it had been put straight. About £20 worth of property was missing. I identify the articles produced as mine. Other articles are missing.
ETHEL PURSER , 15, Carlton Road, Sidcup. Mrs. Hayward left the key of her house with me and I went in occasionally. When I went in on the 19th I found it ransacked. The latch of the lavatory window had been forced. I gave information to the police. Every drawer in the house was open.
LILIAN WILLIS , 16, Carlton Road, Sidcup. I live next door to Mrs. Hayward. On October 19, soon after 8 a.m., I saw Osborne and another man leaving the front gate of No. 18. I was at the dining-room window at No. 16, in the front. I cannot swear to the other prisoner. I identified Osborne out of a lot of men at the police-court. I have no doubt he was the man I saw. He was wearing dark clothes, a bowler hat and an overcoat.
Cross-examined by Osborne. I did not call somebody to stop you because I did not think you were anybody who did those kind of things. I did not know the house had been robbed. I gave information when Miss Purser asked if I had heard anything, because there had been somebody in No. 18. I gave Detective Fox a description of the men I had seen. I identified you from more than 10 or 12 men; they were different sorts and sizes. I first had a glance round, then a good look.
Detective-inspector DAVID CUNNINGHAM, R Division. On November 1, about 4 p.m., I went to 102, Coburg Road, where Bradnum occupied the back and front top rooms. He gave me the address. I saw the landlady. I found the shawl in a cupboard hidden underneath some rubbish and the milk jug in a drawer. I found the opera glasses at Osborne's address, 62, Milkwood Road, two days afterwards. They were identified by prosecutrix as her property. I also found there the clock produced.
CHARLOTTE ANDERSON , 102, Coburg Road, S.E. Bradnum, his wife and two children, occupied my front room kitchen and scullery on the first floor from June 11 to September 18. I remember Detective Cunningham coming to the house. He searched the rooms.
THOMAS PAUL LATHAM , Thornlee, Eltham. I went for my holiday on July 30 and returned September 10 on receiving a message from the gardener. He had to look round every day and see nothing happened. When I returned I found every drawer, cupboard, and desk had been forced open and the contents strewn about the rooms. I missed property valued at over £80. All the property is here.
JOHN CHARLES MORRIS , 53 Clarendon Road, Lewisham. I left my house on July 1 and returned on July 21. I found the house was in disorder; the drawers and cupboards were all open and the articles inside were thrown about the different rooms. About £70 worth of property was gone. (Witness identified several articles as his.)
WALTER OSBORNE (prisoner, not on oath). I am not guilty of breaking and entering. I am a dealer and have to make a shilling where I can. I got let into this by a man I met some months ago by buying some things off him, and at different times I have bought five or six lots off him. I met him Sunday night, October 31, and he asked me if I could do with some more; I told him yes, if they suited me; he was sure they would, but he wanted some money to buy them. I gave him £1 on account, and he asked me to be down at Eltham by 7 a.m. and he would have them ready on Tuesday, November 2. I did not get down there till 7.30 a.m. I met him in the main road and we went to this house; he opened the door with a key and I saw the two boxes in the passage. He told me roughly what they contained. As they were too heavy for me to carry he said he would go and get his barrow and take them down to the station. I agreed to stay there. He gave me them few things I had in my pocket with the exception of the card case that was on the hall stand. As he was gone some time I went to the door to see if he was coming, and I found I could not open it. While trying the police came. I told them I could not open the door, and I went and found a knife and opened it, and was at once arrested, with no chance of explaining. It was raining, and I think the police can say that my coat was wet through, which will be proof that I had not been there long, as I can assure
you I had not been in Eltham only about half hour, and my wife can swear I slept at home on Monday night. I may also state that I had over a sovereign on me to finish the deal with, as I was not aware the things came that way, but it is the first time I had ever had a deal like that, and I did not know then that the house had been broken into. As regards the second case, that girl is mistaken. I was not in Sidcup, nowhere near, about that time. This man had some things for sale about that time, as I remember that shawl, but I did not buy them. I sent him to Bradnum. I did not want the opera glasses, as I had a pair which that lady says are hers. I have had them about six months. Of course if she has lost them about that time I would not dispute, as I bought four pair at one time and sold two pairs, and the police took the other two. All I can say about the clock which the police took from my home I bought the same way with several other things. I know I allowed 12s. for the clock. The watch and chain I bought in a public-house about eight or nine months ago and have wore it ever since. I bought that off another man altogether and gave 5s. for it, not knowing it was stolen. So I must plead on you, gentlemen, that I know absolutely nothing about the things being stolen or I should not have had anything to do with him, and this is my first offence of this kind.
HENRY BRADNUM (prisoner, not on oath). I wish to make it clear that after I left business I was at work in the city with a firm well known to you. That firm went broke about two years ago. After that I was walking about unable to obtain a situation. I had two guineas left; I was married and had one child. After I had been walking about for four or five weeks I was at a sale, a firm well known in Gracechurch Street. I burnt all my bills a fortnight previous to my arrest. I had given up my buying and selling and gone in for another business, a situation. I bought things at the sale for 37s. 6d.; it was a great risk for a married man with a child; 6s. rent I had to pay then; I went on and prospered, and during that time I met Osborne and got him to help me, which I think he can state is the truth, to shift some things I bought from the sale and other places, and he was with me for a time. Afterwards he went out on his own business, and things were going about enough for me to go on comfortably. I was in East Street on the market day; I was well known in the market; this ginger fellow, I term him, asked for me and they sent him to me. He introduced himself to me as J. Hart. He said, "Mr. Osborne sent me to you to buy these things." I says, "What are the things? I used to deal in second-hand and new things at sales. I purchased four lots at different times amounting to £7 15s. 8d. I did not suppose for a moment Osborne had sent him to me, though he knows how this man came by them. I paid the full market price. He gave me no address; I simply asked him for his bill, and he signed it "J. Hart."
Judge Rentoul. Is Osborne backing you up in this story?
OSBORNE. Yes, I bought some off him myself, and sent him. I dc not know where he is. I have been in prison.
Sentences: Osborne, 21 months' hard labour; Bradnum, 18 months' Lard labour.
McCULLOCH, George (60, jeweller) , stealing two gross of pipes, the goods of James Newbold, and feloniously receiving the same. Stealing five bales of cloth, the goods of Carl Nathan, and feloniously receiving the same.
Mr. Ernest Beard prosecuted.
GEORGE LLOYD , cartage contractor, 54, Lower Thames Street, E.C. On November 17 I sent my carman, John Barber, to collect eight bales of cloth, five were collected from Ernest Hunter, Knightrider Street, and three from Mr. Nathan, Bread Street. The carman returned without the horse and van. Subsequently I was told of their detention by the police.
JOHN BARBER , 23, St. Anne's Road, Limehouse, carman to Mr. Lloyd. I collected five bales from Mr. Hunter and two from Mr. Nathan, and put them on my van. I returned to collect the third one, and when I got back the horse and van were gone. These are the wrappers that were on the bales.
DAVID FRANKLIN . I am employed by Mr. Nathan. I have identified six pieces of cloth and two wrappers as the goods collected by John Barber on November 16. The value of the two bales that disappeared was £33.
Police-constable CHARLES CURWEN, 829 Y. On November 17 I was on duty in Church Road, Holloway. I found a brown mare attached to a van unattended, and took it to the station. It was subsequently claimed by Mr. Lloyd.
Sergeant JAMES LAING, G Division. About 8 a.m. on November 25 I saw prisoner in Noel Street, Islington. I said to him, "Mac, I want to speak to you." He said, "What is the matter?" I said, "I understand that you occupy a workshop at the rear of 3, Wilmington Street, Clerkenwell." He said, "Yes; I rent a workshop there; I do a few odd jobs there; I have a bench fitted up." I said, "I, with other officers, paid a visit there last night, and in the workshop we found a large number of rolls of cloth and also a large quantity of silver-mounted briar pipes. I have every reason to believe that they are stolen property. Can you in any way account for them being there?" He said, "Yes, I think I can; I bought them up in the cattle market; I gave £45 for the lot." I said, "You bought the cloth and the pipes together?" He said "Yes." I said he had better come with me to the station. On the way to the station he asked me to go to. the workshop as he had some jobs there he wanted to send out home, and did not wish to give the people to whom the jobs belonged any trouble. I went with prisoner; he pointed out the jobs and I called his attention to the cloth and pipes and some leather. He said, "I bought them all in one deal." I took him to the station
and searched him. In his possession I found two keys, the key of Wilmington Street and the key of the workshop. He was charged with stealing and receiving the pipes and cloth, and made no reply.
Cross-examined by prisoner. I have known you a number of years as a jeweller.
ARTHUR BURBAGE , 128, Palmerston Road, Finsbury Park. Mr. Newbold sent me with a number of pipes to be delivered at Baron Street. On my way a man spoke to me. He held my bag while I went to get something for him. When I came back he and the bag were gone. The man was not prisoner.
GEORGE MCCULLOCH (prisoner, not on oath). I have no witnesses. I simply bought these goods without any guilty knowledge of their being stolen. I bought and paid for them in open market. That is all the defence I have. I do not know the man from whom I bought them.
Numerous previous convictions were proved.
Sentence, Four years' penal servitude.
TAYLOR, Lewis (28, labourer) , pleaded guilty of stealing one gelding, one collar and one bridle, together of the value of £10, the goods of Kate Warman; being bailee of three horses, the goods of Henry Barnes Hunt, did fraudently convert the same to his own use, thereby stealing the same; obtaining by false pretences from Henry Barnes Hunt one mare, one gelding, and one' mare, his goods, with intent to defraud.
Sentence postponed till next Sessions.
FRANK, Samuel (21, machinist), KROTOSKY, Marks (20, tailor's presser), and BRAUNFELD, Israel (19, tailor's presser) , Frank unlawfully procuring Edith Brady, a woman under the age of 21 years, and not then being a common prostitute or of known immoral character, to have unlawful carnal connection with certain other persons, to wit, Marks Krotosky, Israel Braunfeld, and Philip Pyzer; Krotosky, Braunfeld, and Pyzer unlawfully aiding and abetting Frank to procure the said Edith Brady; all conspiring to procure the said Edith Brady, not being a common prostitute or of known immoral character, to have unlawful carnal connection with Frank, Krotosky, Braunfeld, and Pyzer; all conspiring together by unlawful and impure means to procure the said Edith Brady to commit fornication with them; all conspiring together with the said Edith Brady, an unmarried girl should commit fornication with them; all indecently assaulting the said Edith Brady; all conspiring to procure the said Edith Brady to become a common prostitute within the King's Dominions.
Mr. Bodkin, Mr. Travers Humphreys, Mr. Roome, and Mr. Roland Oliver prosecuted; Mr. J. B. Purchase defended Kotosky and Braunfeld.
Verdict, Frank and Krotosky, guilty of conspiracy to procure; on the general charge of conspiracy, all three guilty.
(See next case.)
Sentences: Frank, 18 months' hard labour; Krotosky, 12 months;. Braunfeld, Nine months; Pyzer, One month; all recommended for expulsion under the Aliens Act.
BEFORE MR. JUSTICE COLERIDGE.
(Thursday, December 8.)
Mr. E. Bennett-Calvert prosecuted; Mr. W. Blake Odgers defended.
Mr. Bennett-Calvert, after opening the case, stated that prosecutor had no vindictive feeling against prisoner, and no evidence would be offered on the first count; the evidence would be directed to the second count.
JOHN ROBERT AYRIS , schoolmaster, 12, Dornton Road, Balham. Prisoner lives next door to me (No. 10). When I built my house in 1896 prisoner brought a Chancery action against me for obstruction to light, etc.; the action failed, and my costs, taxed at £160, are still unpaid. Since that litigation prisoner has been continually writing me abusive letters. (Several letters were read, one of importance being Exhibit 6, dated September 21, 1910, in which, after making a number of unreasonable requests of prosecutor, prisoner said, "I do not repeat this warning. If above is not done you and others will bitterly repent when too late. I have the power now which I had not before." The prosecution suggested that the latter words had reference to the fact that on September 17 prisoner had obtained a revolver license.) On November 26, about 10 a.m., I was at my side gate bending down, knocking in a stake, when I heard three loud reports. like fog-signals; looking up I saw prisoner at his window holding a revolver pointed at me, and I heard and saw a fourth shot. A constable was fetched and prisoner was taken to the station.
Cross-examined. For some five years prisoner has been writing me wild and excitable letters, to which I did not reply. There is no doubt he thinks he has a grievance against me. (Witness was cross-examined as to his exact position at the time of the shooting, in order to support the suggestion by the defence that prisoner's intention was merely to frighten. Witness expressed the belief that prisoner did intend to hit him.)
Police-constable ALFRED PHILLIPS, 546 W. On November 26, about 10.30 a.m., I was called to 12, Dornton Road; prisoner was inside the door of his house holding a revolver in his hand. I took the revolver from him and examined it; there were four blank cartridges and one live one in it; he had four cartridges in his pocket. I asked him why he had been shooting at the man in the garden. He said, "I fired four times out of five; I did it to give him warning, as he has ruined me." I took him to the station.
Inspector ALFRED WARD, W Division. On my reading over the charge to prisoner he said, "Quite right, but I wish you to make a note that I only fired over his head to frighten him. I could have killed him if I had wanted, as I had him in the corner stooping down. I wanted this to act as a warning to him, as he has ruined me; he is the cause of my wife's death after 45 years' union.
Detective GEORGE BABER, W Division, gave a number of measurements in the front gardens of Dornton Road. There was nothing between the window of No. 12 and the spot where prosecutor was stooping to interfere with the shot. At No. 19 there was a bullet hole in the ground floor window sash, and at a window on the first floor the glass had been broken and a bullet lodged in the curtains. In prisoner's house witness found a revolver permit dated October 17, 1910; also a stone which prisoner alleged had been thrown at him by prosecutor's son.
Cross-examined. Prisoner has never been convicted of any act or violence.
GLADYS AYERS . I live at 19, Dornton Road, which is obliquely opposite Nos. 10 and 12. On November 26 I heard four shots fired, and afterwards found that we had one of the ground floor and one of the first floor windows broken; I found the bullet (produced) in the curtains.
Prisoner's statement before the magistrate. "I fired four shots, bang, bang, bang, bang, instanter, with no space between. He told you one item wrong; he said he rushed out into the road; he rushed into his side turning and then came out again and said he would smash my head. Supposing my intention had been to kill him and I had missed with four, I still had a shot in the revolver which I could have used directly he came out and said he would smash my head. I had every opportunity, but I shut down the window, and he at once went to the gate and called to two servant girls opposite asking them it they had seen what I had done."
Mr. Blake Odgers called no witnesses, and addressed the jury on prisoner's behalf. Prisoner asked to be allowed to say a few words.
Mr. Justice Coleridge said this was an unusual course, but he did not want to shut any prisoner's mouth.
Prisoner then gave the jury a rambling account of his grievances against prosecutor, whose cursed house had been the cause of all the ill-feeling, had practically ruined prisoner, and had largely helped to kill his wife. He produced a sharp stone which he said had been flung at him by prosecutor's son, no doubt to seriously injure him. As to
the shooting, prisoner concluded, "I could easily have hit him when he was down in the corner and me up here, because I had fired sixteen shots in my back garden for practice before that."
Verdict, Guilty of shooting with intent to do grievous bodily harm. Prisoner's son was called by Mr. Blake Odgers. He said that prisoner had been paralysed all his life. He had recently lost his wife, and this, with the worry of his litigation with prosecutor, had preyed on his mind; he must have been "absolutely insane" when he did this shooting.
Sentence, Nine months, imprisonment, second division.
Mr. Graham-Campbell and Mr. Travers Humphreys prosecuted; Mr. St. John Morrow defended.
EMILY LANGFORD . Prisoner married my daughter in 1907; they had two little girls, Mabel and Doris. On the night of November 5 I went to 17, Harper Street, Old Kent Road, where they resided; the children had gone to bed and I stayed with my daughter till prisoner came home at two in the morning. He said to her, "How is it you have not gone?" She said, because she did not wish to be turned out in the night. Prisoner had said that he wanted to get rid of her; I told him that if he really meant it I would take her home again if he would see to the children. I said, "If you want her to stay here you will have to get a nurse to help her, because she is not able to look after the children.,. He made no reply. The children Were not in good health; Doris was blind with a disease working out of her eyes; Mabel had the disease also, but not from her eyes; it was a disease that came from their father. My daughter came to my house on the next day, November 6. On the 7th, about 10 a.m., I went to 17, Harper Street, and saw prisoner; Doris was lying on the bed. I said to prisoner, "What have you been and done?" He said, "Isn't it better to see it dead, mother, than to see it lying there blind? Shall I fetch a doctor and give myself up to the police?" Then he put on his things and went out.
Cross-examined. When prisoner came in on the morning of the 6th he was perfectly sober, but rather excited. In his married life he had been a quiet man, attached to his wife and children; I noticed a change coming over him about a month before this happened; he did not seem well, and objected to his wife calling him in the morning to go to his work. He knew that he was the cause of the disease in his children. I remember his saying to me on November 7, "I feel almost out of my mind; this is driving me mad."
Mrs. LIZZIE BIRD, 17, Harper Street. Prisoner and his wife lodged with me since April, having two rooms on the first floor at 5s. a week On November 6 I saw Mrs. Royle go out; I did not see her come back. I heard the children crying all that day. I did not hear them crying on the following morning, and that aroused my suspicions.
Cross-examined. I had never heard prisoner and his wife quarrelling.
ALBERT BIRD , son of last witness. On November 6, between five and six p.m., prisoner gave me a letter to take to Mr. Langford. (This was Exhibit 1; in it prisoner asked Langford to get his daughter to come in and look after the children.) I took the letter and brought back to prisoner Langford's message that he did not know where his daughter was. Prisoner said, "I don't know what to do, left here with these children; if I am left here for the rest of the night I shall do 'em in."
Cross-examined. Prisoner was crying and looked as if he was upset.
CHARLES A. LANGFORD , 11, Harper Street. Prisoner is my son-in-law. On November 6 Albert Bird brought me Exhibit 1. Shortly afterwards I went to prisoner's house and saw him. He said, "If Em (my daughter) comes home, tell her to come in, or something serious will happen; I can't put up with this no longer; I am going out of my mind."
Cross-examined. Up to this autumn prisoner had lived on the best of terms with his wife and all his relations. When I saw him on November 6 I should think he was in a state bordering on insanity; his eyes seemed to be bowling out of his head; he had been crying. Exhibit 1 is written in pencil and bears no signature.
WILLIAM ERNEST LANGFORD . On November 7, about 10 a.m., I called on prisoner and said father had sent me to see if I could do anything for him or run any errands. He said, "I don't want anything, Bill." I said, "Have the children had anything to eat?" He said, "No." I said, "Shall I make them a cup of tea?" He said, "There's no gas." I asked how they were and he said, "Quite well." I left him and called half an hour later; he was then washing himself. I told him to get ready and go to Dr. Harvey's; he said he was going. I then left.
MRS. ROSE LENNOX . Prisoner's wife is my niece. I attended her in her confinement with Doris about 17 days before November 7. A few days after birth the child's eyes became queer and I took her to the hospital. On November 7, between 10.30 and 11 a.m., I went to 7, Harper Street; Mrs. Bird opened the door; as I was going up the stairs prisoner said, "Don't come in, Aunt Rose, Emmy is not in." I said, "I must come up to see to the baby's eyes." He said, "Don't come in, I have killed her." I went in and saw the baby lying on the bed. Prisoner said, "What was I to do, being left all these hours; I was ageing to do her in"—pointing to Mabel.
Sergeant JAMES GUNN, P Division. On November 7 I was fetched by Langford to 17, Harper Street. On our way there we met prisoner. He said to me, "I have killed my child, aged 17 days; she was eaten up by disease; the kid was going blind day after day; I give myself up; I strangled her." On going to No. 17 I saw the dead body of the child; prisoner pointed to a piece of bootlace and said, "I done it with this." When Dr. Esler came he asked prisoner, "When did
you do it?" Prisoner said, "I done it last night about 11 o'clock; it is all through my wife; she has left me."
ROBERT ESLER , divisional surgeon. 'On November 7 I saw the dead body of the child. There was a deep mark round its throat, which might have been caused by the bootlace produced by prisoner; the cause of death was suffocation or strangulation. The child was perfectly healthy, with the exception that there was a purulent discharge from the eyes. At prisoner's request I examined him and found him to be suffering from gonorrhea.
Cross-examined. There is a very intimate connection between venereal disease and the brain; great mental depression is caused, and; that might induce some form of mania.
Detective-inspector ALFRED HAWKINS, P Division. On November 7, at Peck ham Police Station, I charged prisoner. He said, "All right, I understand; I am very sorry; it would not have happened if my wife had not gone away."
Mr. Graham-Campbell said that as the defence indicated by cross-examination was that of insanity, and it had been intimated to him that no witnesses would be called for the defence, he proposed to call the prison doctor to speak to prisoner's state of mind. (Referred to R. v. Oliver Smith, page 11 of this volume.)
Mr. Justice Coleridge assented.
SIDNEY REGINALD DYER , medical officer of Brixton Prison. I have had prisoner under special observation since November 8. He has shown no evidence whatever of delusions or hallucinations or insanity. I have carefully gone into the whole case and its history. I am of opinion that at the time of this crime prisoner knew the nature and quality of his act and that it was a wrong one. He is suffering from gonorrhoea.
Cross-examined. I would hardly say that there is an intimate relation between venereal disease and insanity. Syphilis is a rather rare cause of insanity; there is no syphilis in this man's history. I agree that a man might have a homicidal seizure on November 6 and be quite normal by November 8. Prisoner is of a morose constitution and anemic.
Re-examined. I found in prisoner no trace of syphilis or epilepsy. I have never known a case in which gonorrhoea has produced insanity.
Verdict, Guilty of wilful murder, but insane at the time of committing the act.
Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE THE RECORDER.
(Thursday, December 8.)
Prisoner was stated to have been of good previous character, to have
lost one of his eyes by an accident, and to have done this act in a fit of temper.
Sentence postponed to next Sessions, the Court Missionary to be communicated with.
MARSHALL, Edward (68, builder) , having been adjudged bankrupt did unlawfully obtain credit to the extent of £20 and upwards, to wit, from John Osborne Ayton to the extent of £100, without informing him that he was an undischarged bankrupt.
Mr. Leycester prosecuted; Mr. Warburton defended.
GEORGE INGLIS BOYLE , messenger, Court of Bankruptcy. I produce file in the bankruptcy of prisoner, as Marshall and Company, 11, Buckingham Street, Strand, builders: petition February 18, 1905; receiving order December 20; adjudication January 24, 1906; liabilities £2,729 5s. 4d.; assets £441 10s. Prisoner is still undischarged.
HENRY WILLIAM BROWN , Boreham Woods, Herts, carpenter and builder. I was a creditor of prisoner, but did not prove in the bankruptey. I afterwards gave information to the prosecutor and pointed prisoner out to him.
JOHN OSWALD AYTON , Kentish Town, carpenter. On February 11, 1910, I saw advertisement produced in the "Daily Chronicle" for a carpenter willing to advance £100. On February 14 I called at J. A. Morgan and Company, 5 and 6, Clement's Inn, where I saw Morgan and afterwards the prisoner. Prisoner asked me if I was a carpenter prepared to carry the job through and to advance £100. I agreed to do so, paid £3 deposit, forwarded £7 on February 15, and paid £90 on February 18. I was shown the building agreement, and agreement (produced) was drawn up and signed in the prisoner's presence arranging for the return of the £100, with a bonus of £10 at the conclusion of the building. I worked on the job up to the end of April, when I was absent through illness, and prisoner discharged me and ordered me off. About the beginning of March I heard from Brown that the prisoner was an undischarged bankrupt; I asked prisoner about it; he absolutely denied it. The money was borrowed in the name of Thomas Stanley Marshall. I have received none of my £100 back.
JONAS MORGAN , practising as J. A. Morgan and Company, 5 and 6, Clement's Inn, surveyors. I inserted advertisement (produced) on prisoner's instructions, received £100 from prosecutor, and paid it to prisoner, less my commission of £10. Prisoner did not inform prosecutor that he was an undischarged bankrupt in my presence.
Cross-examined. I did not know prisoner was an undischarged bankrupt until April, 1910, when prosecutor told me. I was myself a bankrupt in 1896 and am undischarged.
ALFRED JOHN FRASER , brick manufacturer. I own building land at Ealing and entered into building agreement with prisoner to erect a number of houses. About the end of May, prisoner having failed to carry out his agreement, I entered into possession.
EDWARD MARSHALL (prisoner, on oath). I explained to prosecutor my building agreement, which I showed him. He arranged the loan entirely with Morgan, and I received the money from Morgan when I signed the document (produced) at his request. Morgan knew I was an undischarged bankrupt.
It being stated that the prisoner was endeavouring to repay the money, sentence was postponed till next Sessions, prisoner to remain in custody.
BEFORE THE COMMON SERJEANT.
(Thursday, December 8.)
ELLERINGTON, Henry (64, chauffeur) , embezzling the sums of 19s. 4d., 19s. 4d. 9s. 4d., 19s. 4d., and £1 9s. 4d., in each case received by him and on account of the General Motor Cab Company, Limited, his masters; falsifying certain papers, to wit, a taximeter account, a taximeter slip and a driver's sheet, in each case with intent to defraud; having received the above-mentioned sums for and on account of the said company unlawfully did fraudulently convert the same to his own use and benefit; being bailee" of the said sums of moneys feloniously did steal and convert the same to his own use; being one of two joint beneficial owners of the said sums of money feloniously did steal and embezzle the joint property of himself and the said company.
Mr. Muir and Mr. Oddie prosecuted; Mr. Turrell defended.
Mr. Muir opened the case on behalf of the prosecution.
(Friday, December 9.)
WILLIAM WILSON , Claims Superintendent, General Motor Cab Company, Limited. Prisoner applied to the company for a situation on July 22, 1909, on a printed form giving particulars of his previous employments and experience, agreeing to abide by the terms and conditions of employment offered to him, and to accept the rest day available to him when handing in his license; stating that he did not belong to any service or society, religious or public, which would necessitate his absenting himself at any time other than his rest day, and agreeing to produce a medical certificate if he had to do so through illness. We taught him how to drive a motor and from October 25, 1909, to November 14, 1910, he took out a cab for hire. Exhibits 2A to 20 are bills which were at one time or another during tile time prisoner was employed exhibited in the garage, where he could see them. (They were to the effect that drivers were prohibited from taking out cabs unless they had settled for the previous day's takings; they would be prosecuted for fraud for driving with their flags up; they must
enter in a book repairs or adjustments required; they must ply for hire 12 hours a day; they must see that everything is in order before they go out; if found putting grease into their gear boxes or crank cases they would be suspended for a week; no gambling in the garage is allowed on pain of instant dismissal; driving without full uniform would involve two weeks' suspension; being absent 24 hours without leave would involve instant dismissal; they must telephone if they keep out their cabs all night, etc.) A driver must go by the taximeter only and is not authorised to make any contract with the fare. He pays the company 75 per cent, of his earnings as shown upon the meter, which is the sole amount between himself and the company. The charge for 47 miles, the distance to Windsor and back, would be 31s. 4d.; for 45 miles, to Hookwood and back, £1 10s.; and 31 miles, Watford and back, £1 0s. 8d. The driver in the morning would be allotted a cab and then he would get his driver's sheet for the day, which shows the figures on the meter for the previous day. On his return a clerk at the gate copies his meter readings on to a slip, which the driver signs. These figures are transferred to the sheet which he had in the morning by a night clerk, who calculates what is due from him to the company. These figures are checked by a clerk of the night staff and the driver on the following morning comes to the office and pays in whatever is shown to be due and signs the sheet. Exhibit 4 is prisoner's slip and sheet for May 15, when he had taxi No. L.C. 1,101, which shows his total receipts for the day to be 15s., his proportion, 3s. 9Jd., and the balance due to the company 11s. 4 1/2 d. Exhibit 10, a similar slip and sheet for June 5, shows the balance due from him to be 13s. 4 1/2 d. Exhibit 5, another sheet for August 21, shows the balance to be 7s. 6d. Exhibit 6 is for October 2 and shows 8s. 1 1/2 d. to be due from him. I cannot explain why the column marked "Half miles recorded" is not filled up. Exhibit 11 is his sheet for October 10 and shows a balance due of 9s. 9d. Exhibit 7 is a taximeter used by the company. When the flag is up it registers nothing against the fare, but on the dial which the fare does not see the number of half miles traveled is registered. When the flag is in the second position it registers 8d., which is the price in advance of the first mile, and, further, twopence are registered for each quarter of a mile traveled. When the cab is travelling under six miles an hour or is standing still, with the flag in that position, the meter would register by the clock 2d. for every 2 1/2 minutes. When the flag is right down in the third position and the cab is stationary the meter would register nothing, but when the car is moving 8d. per mile is registered. The "extras" are registered by a small lever, which is worked by the driver's hand.
Cross-examined. The notices were put up from time to time without consulting the men at all. I deal, amongst other things, with claims against the company under the Workmen's Compensation Act, under the directions of the insurance company. Substantially all our drivers are acting under the same terms. It is not for me to decide whether prisoner is a servant of the company. The facts of the accident to
Bates Smith, a driver similar to prisoner, came before me; it was a claim against my company under the Workmen's Compensation Act. If he had been a servant he would have been entitled to succeed. The insurance company resisted the claim on the ground that he was not a servant. It came on before Judge Woodfall in the Westminster County Court and was resisted by the insurance company on the information which they had from my company. We gave them no information as to whether he was a servant. The Judge decided that he was not. The case was appealed and the insurance company instructed counsel to support that decision. We were parties to the action, but only in name. We got a decision in our favour. All the bills produced in this case applied equally to his case, but they were not put in. I consider them material for the present purposes. My company had nothing whatever to do with the conduct of that case and we certainly did not suppress these documents; we were not asked to produce them. We are bound under our policy with the General Accident Insurance Company to give every assistance in our power and to disclose whatever is asked for. The application form was not put in and on application the Court of Appeal, I think, refused its admission. It was in consequence of the Doggett case that the insurance company defended Bates Smith.
Mr. Turrell asked whether it was not decided in Doggett's case that as a general rule taxicab drivers were not servants of the company. Mr. Muir stated that this was not the case, and objected to the witness being asked questions of law. The Common Serjeant upheld the objection and quoted from Kennedy L.J., in that case: "The question whether they have or have not done so (i.e., whether the owner of the taxicab and the driver have created the relationship of master and servant between themselves) is a question of proof by evidence of the particular facts."
Cross-examination continued. If there were no cab for prisoner to take out when he came he would have to wait, during which time he would not be paid. I do not agree that at the end of each day his relations with the company came to an end; he is in our employ as long at his license remains with us, during which time he is entitled to a cab. It never happens that for two mornings running he would fail to get a cab. All we pay him is 25 per cent, of his takings. He pays us for the petrol with which we supply him. If we do not give him a cab but still retain his license he has a right of action against us for its wrongful detention. I do not know of any circumstances under which he could bring an action for wrongful dismissal. He must not be away for more than 24 hours, but apart from that he can ply and hire wherever he likes. The overcoat and the vest or tunic belong to the company and the breeches, cap, and leggings he buys outright, paying for them at the rate of 6d. a day. The company pays for the insurance of the cab. One of our drivers brought an action against us under the Truck Act, which we resisted on the ground that he was not a servant within the meaning of that Act and we were successful.
Re-examined. I believe it is the fact that it is necessary that an employee to be a servant within the meaning of the Truck Act he should be paid by wages. We insure ourselves against liability to-wards
our drivers who sustain accidents in the course of their employment.
Mr. Turrell objected to the question as to whether this was done on the footing that such drivers were servants of the company.
The Common Serjeant upheld the objection on the ground that the fact only that such insurance was effected was material.
Re-examination continued. We were not responsible for the defence in Bates Smith's case; in spite of that decision we have made arrangements for the insurance company to pay our drivers. Two discharged drivers from the company were called to prove what the relations were as regards master and servant. I know of no act the company have done which is inconsistent with their belief that the drivers are their servants. We allot particular cabs to certain drivers, who take them out day after day. Prisoner was allotted such a cab in November, 1909, which he kept till April, 1910, but this was taken from him on account of his low earnings and irregular working, and he had to take such odd cabs as came along. He would work for a number of days and then he would rest for some days. Before his relationship with the company ceases his license has to be filled up and signed by a representative of the company, stating the date that he left and returned to him, and he has to return to us such tools and clothing that he has of ours and his last day's takings. He keeps the clothes that he has paid for. We can supply him with petrol at a cheaper rate than he can get it anywhere else because we are allowed a rebate of duty. The driver is not called upon to clean his cab; it is in his own interests that he sees it is not dirty when he takes it from the garage.
WALTER GALE , manager, "Victoria" public-house, 46, Buckingham Palace Road. Prisoner, whom I know as a taxicab driver, has driven me about London on two or three occasions and I have paid him by the meter. On Sunday, May 15 he bargained to take me, two ethers, and a child to Windsor and back for a sovereign, and we went. We started about 2.45 p.m. from Victoria, getting home just before 6 p.m. I paid him £1 and 2s. for himself. I did not notice his meter. On June 5 we went again to Windsor and I paid him the same money. We started at 3.15 p.m. and got home about 6.30, prisoner having stopped on two occasions for two or three minutes. On this occasion when we got to Cookham I noticed Kay sitting in front with prisoner. On October 2 I was driven to Watford in a "W. and G." cab, while prisoner drove Martindale, a friend of mine, in his cab. We started at 3.15 p.m., we stayed there about an hour, and returned home about 7.30 p.m. I did not see Kay that day with prisoner. Prisoner is generally to be found on the rank in Lower Belgrave Street, at the corner of which is my public-house.
Cross-examined. I have known prisoner a good many years as a respectable man. He was previously a hansom cab driver.
ERNEST JOHN WHITE , cashier, G.M.C. Company, Limited. On May 16 I received from prisoner 11s. 4 1/2 d. due from him, as shown on sheet (Exhibit 4). He signed the sheet certifying the figures to be correct.
CHARLOTTE YOUNG , wife of Herbert Arthur Young, Nightingale Lane, Clapham. My brother, Alfred Daniel Peters, showed me this letter (Exhibit 8) and I arranged to go for a drive on Sunday, August 21, in prisoner's cab to Hookwood, where he said he was going to see a friend. I arranged to pay him 10s., as I could not afford more, and he said he would pay the remainder. My brother, his wife, a gentleman friend, and myself went. A man, who, as I afterwards learnt was Kay, sat in front with prisoner. We started from my home. On our return journey a landau, driven by a lady, ran into us. We got home about 10 p.m., having started about 3 p.m. I gave my brother the 10s. to pay prisoner.
Cross-examined. I understood prisoner was going to pay half the fare.
ALFRED DANIEL PETERS , horse-cab driver. I have known prisoner eight or nine years. I think he was a horse-cab driver originally. I received this letter (Exhibit 8) from him on August 19, suggesting I should go for a ride with him on the following. Sunday to Hookwood. My sister wrote to him in reply. We went with him. My sister gave me a half-sovereign, which I gave him, together with 2s. for a tip.
ERNEST GEORGE NICHOLLS , clerk, Claims Department, G.M.C. Company, Limited. On August 22 I received a letter from somebody at Regatta with reference to an accident having occurred between taxicab No. L.N. 1,101 and a phaeton. I found the driver to be prisoner and I interviewed him. His son wrote out a statement (Exhibit 9) for him from his dictation, as he could not write; it states that prisoner was nowhere near the place mentioned on that
date; that he was not out of town. The son signed it in his father's presence. (To the Court.) It was the son's cab that prisoner had on that day. I could see from prisoner's record that he was driving that cab.
HORACE STEMP , caretaker, Kingswood Council Schools, Kingswood. On Sunday, August 21, I was out with my wife and two others in a pony phaeton, which a lady was driving. About half a mile away from where I lived we were driven up on to the footpath by a taxicab, No. L.N. 1,101, driven by prisoner. I spoke to him. I made a claim against the company, which was settled. On October 10 I was in "The Fox" public-house in Lower Kingswood. I know Mullins, the barman. A taxi, No. L.N. 1,123, drove up outside. Prisoner, who was the driver, came into the bar.
WALTER MARTINDALE , riding-master, Eccleston Street. On October 2 prisoner drove me in a taxi to Watford. I agreed to pay him £1 to include everything. We left Victoria Station at 3.15 p.m. and got back about 7 p.m. and I paid him the £1. Occasionally going to the station, when I see him on the rank I hire him, as I have known him so many years. On this occasion Gale came with us in another cab.
Cross-examined. I have known him for 30 years as a highly respectable man.
HENRY RICHMOND , of no occupation, Rowton House, Vauxhall. On two or three occasions I have driven with prisoner in his taxi on runs to Hookwood. Kay has generally been with us. I generally paid prisoner 5s. or 6s. as my share. There were two or three of us. I did notice what the meter registered on getting back. I cannot remember the dates I went.
Cross-examined. It would be in the summer time.
The clerk has made a mistake in putting the 9th; it should be the 10th.
Inspector ALFRED WARD, W Division. On November 7 I travelled in a taxi from Nightingale Lane to Hookwood and back. The meter, which was similar to Exhibit 7, registered on our return 45 miles and the fare 31s. On November 8 I went in the same cab from Buckingham Palace Road to Watford and back. At the centre of Watford the meter registered 16 1/2 miles, fare 11s. 2d. The clock was then stopped. We came back a different way, the way they had come, and the meter registered 27 1/2 miles and the fare 18s. 4d. There and back cost £1 9s. 6d. altogether. On November 9 I went to Windsor from Victoria and returned by a different way. The total mileage was 46 miles and the fare 31s.
JOHN HAMMOND KAY , fitter, 115, Hornet Road, Camberwell. I have known prisoner four or five years and his son Harry about three years. Prisoner, who was a horse-cab driver, has been a taxi driver about 12 months. When he started he asked me to assist him in starting the engine and oiling and I did so out of friendship. Once or twice I have been long rides with him into the country. The first time I went was on a Sunday early in the summer to Redhill, from Hillingdon Street, Walworth; Mrs. Ellis and Mrs. Thorpe were with us. Before we started I disconnected the star wheel and the meter did not work. Prisoner and I spoke about it being done and I did it. I knew how it was done and so did he. I believe he saw me do it. He knew it was done. I do not say I did it on my own initiative—we spoke about it. I do not remember what he said. This was the first time I had done it. I did not suggest it. There was no one else there but he and I. I do not remember him suggesting it. When we got back I put the star wheel back again. We had been out from early in the afternoon till 10 p.m. I remember going to Windsor with him and Mr. and Mrs. Gale; I know it was just after the King's funeral. I disconnected the star wheel again outside Victoria Station. He asked me to do it. He put the flap down as far as it would go, but the star wheel being disconnected nothing would register at all. On our return I put the star wheel back into its proper position. It takes about two or three minutes to do. I went to Hookwood with him, Mr. Young, Mr. Peters, and a lady. He again asked me to disconnect the meter and I did so. Coming back we nearly collided with a phaeton. The flag was right down till we returned. I replaced the star wheel. He told me on October 11 that the previous day he had been on a trip. I remember the date because on that day I was helping his son to move. Prisoner told me he had pulled the star wheel off and had found it fairly easy to do.
Cross-examined. I have been out of employment some considerable time. I used to go to the stand at Victoria Station a lot. Prisoner did not apparently know how to disconnect this star wheel, but he had seen other men do it. I cannot say he was always there when I did it for him. I cannot swear that he was ever there. I did not suggest that he should allow me to do it. It was not an everyday occurrence for me to do it for these drivers. I live at home with my father and mother. I have seen other men do it; it is an everyday occurrence in broad daylight. I was not earning my living by disconnecting
these star wheels. I went to the stand to see my friends—the drivers. They could disconnect star wheels themselves. It had been done before I knew how to do it. I have done it in no other cases but prisoner's. I have done it for the son. I mean I am not in the habit of doing it for other people. I have not done it for other people.
ALBERT BAILEY , clerk, Metropolitan Fare Register Company, 80, Belvedere Road. This (Exhibit 7) is one of the instruments we supply to the General Motor Cab Company, Limited. If the star wheel be disconnected and the flag put right down nothing would be registered on the meter except the initial charge of 8d.
Inspector WARD (recalled). I arrested prisoner on November 14. I told him I was a police officer and held a warrant for his arrest. He said, "All right. I know all about it. I have been expecting you. I have no answer to the charge. What are the dates?" I took him to the Brixton Police Station, where he was charged. He made no reply. (To the Court.) I understand that he had previously been told that he had been "given away."
Cross-examined. On the first hearing at the police court he said, "I plead guilty to this, but I am going to ask your worship for a remand for a week. I am going to give other people away. "He came to me on the following night and said that his son Harry and Kay had taught him how to manipulate the clock and that he would on some future date give me some information whereby they could be prosecuted. I did not read the warrant to him when I first arrested him. He made no answer when I did so at the station. I do not think what he said before the magistrate on the first occasion appears on the depositions. He was subsequently represented by a solicitor and he pleaded not guilty.
Prisoner's statement before the magistrate. "I plead not guilty and reserve my defence."
Mr. Turrell called no evidence and formally submitted that there was no case to go to the Jury. The Common Serjeant held that there was certainly a case as regards at least some of the counts.
(Saturday, December 10.)
Mr. Muir summed up on behalf of the prosecution.
Mr. Turrell, in his address to the Jury, contended that, as regards the first 20 counts of the indictment, charging prisoner with fraud as a servant, there was nothing in the evidence which showed that the control exercised by the company over prisoner justified the conclusion that the relation of master and servant existed (Doggett v. the General Motor Cab Company, Limited), and that as regards the other counts prisoner was an independent contractor and did not receive the moneys for and on behalf of the company.
The Common Serjeant in his summing up said that he was bound by the decision of the Court of Criminal Appeal in R. v. Solomons (2 K.B. 890; 2 Cr. App. R., p. 288) to tell them that there was
ample evidence for them to say that prisoner was a servant within the meaning of the Act.
Verdict, Guilty, the Jury adding, "We strongly recommend prisoner to mercy on account of his previous good character and his age; we think he was led away to do what he did."
Sentence, Four months' imprisonment on each count, to run concurrently.
On Mr. Turrell suggesting that the Jury should be asked whether they had found that prisoner was a servant or not, the Foreman stated that seven were of opinion that he was and five not. The Common Serjeant directed them to retire again. On their return their verdict was "Guilty of falsifying his accounts, being a servant of the company."
Mr. Turrell submitted that the verdict should not stand as it had been given after the Jury had been discharged.
The Common Serjeant stated that the verdict and sentence must stand.
BEFORE MR. JUSTICE COLERIDGE.
(Friday, December 9.)
BIRCH, William (36, engineer) , was convicted at the October Sessions (see preceding volume, page 608) of feloniously assaulting Elizabeth Cheary with intent to rob, and sentenced to six months' hard labour. He appealed. The Court of Criminal Appeal, while affirming the conviction, considered it advisable in the interests of justice that a further trial should he had upon an indictment for assault upon Cheary with intent to do her some grievous bodily harm. He was now tried upon this indictment.
Mr. J. Wells Thatcher prosecuted; Mr. Oddie defended.
The evidence given at the former trial was repeated.
Mr. Justice Coleridge, observing that the procedure in this case illustrates the extreme reluctance of the law to leave any possibility of doubt-in the matter on a conviction of crime, sentenced prisoner to One month's hard labour, to run concurrently with the sentence pronounced in October.
Mr. Daniel Warde and Mr. David White prosecuted; Mr. E. A. Whitehouse defended.
Prisoner, coming home on furlough, found that his young sister had been leading the life of an unfortunate, and was living in a flat with prosecutrix (another unfortunate), where they were visited by men. The letter in question was addressed to "The occupiers" of the flat, and threatened that unless a sum of £1 was sent the writer would "have the flat and all its occupiers arrested." Prisoner admitted writing the letter, which he said was intended not for prosecutrix, but for the men he understood frequented the place, and was an effort, foolish, but bona-fide, to obtain money to help his sister to keep off the streets.
Verdict, Guilty, with a strong recommendation to mercy.
Prisoner was released in his own recognisances in £25 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Friday, December 9.)
HIGGINS, John (24, seaman) , breaking and entering the dwelling-house of Walter Mutford and stealing therein four medals, one watch and other articles, his goods; burglariously breaking and entering the dwelling-house of Harriott John Malins and stealing therein one pair of field glasses and other articles, the goods of the said Harriott John Malins.
Mr. Greenfield prosecuted.
HARRIOTT JOHN MALINS , 9, Mansion House Street, Hammersmith. On November 15 in the early morning I was called up by a constable, found my premises in disorder, and missed a pair of field-glasses, two overcoats, a set of false teeth, and several coins. I identify field-glasses and overcoat (produced).
Cross-examined. Prisoner has lodged at my house for five weeks, and has paid his rent.
WALTER MUTFORD , 17, New Bridge Road, fruiterer. On November 1, at 2.15, I left my premises securely fastened, returned later in the evening and found the place in disorder. I missed four medals, a pair of field-glasses, a silver pin, and other articles (produced), which I identify as my property.
Detective ALBERT GORDON, C Division. After prisoner had been detained at Chiswick Police Station, I searched his room at 4, Cambridge Square, and found the field-glasses, set of false teeth, a silver pin, which have been identified, and other articles.
Detective-sergeant EVE, C Division. On November 16, with Detective Cargeon, I arrested prisoner in King's Street, Hammersmith. I said, "Is your name Higgins?" He said, "No, Brown." I said, "Where do you live?" He said, "I have got no home, I either sleep out or else at Rowton's."
Cross-examined. When prisoner was arrested he was with another man. At the police court he asked that that man should be found.
Prisoner's statement before Magistrate: The property found at my place was handed to me to be taken care of by the chap who was with me when I was arrested by Sergeant Eve. I was going to my place to hand it back to him, and I should like that man to be found if possible.
(Saturday, December 10.)
Sergeant EVE, recalled. When prisoner was arrested a lad of about 17 or 18 whom I know was with him. Prisoner then made no suggestion about the property belonging to the lad. I left him at the station and afterwards searched his room. When he was subsequently charged and cautioned he said, "The property found in my place was handed to me to be taken care of by the chap who was with me."
Prisoner confessed to having been convicted at Brentford Petty Sessions on March 31, 1910, receiving six months' hard labour, for larceny.
Sentence, 20 months' hard labour.
(Friday, December 9.)
WOMERSLEY, John (35, canvasser), WADE, John (59, publisher), and BURKE, William Howard (38, traveller) , all unlawfully obtaining by means of false pretences the sum of 10s. in money, the goods of Mitsui and Company, Limited, with intent to defraud; Wade and Burke unlawfully obtaining by means of false pretences a certain valuable security, to wit, a banker's cheque of and from Beda Becker, with intent to defraud; Wade unlawfully obtaining by means of false pretences of and from Frank Gordon Simmonds the sum of 6s. in money, with intent to defraud.
Mr. Beaumont Morice prosecuted.
On the indictment as to Mitsui and Co.,
Detective-sergeant FREDERICK WAGSTAFF. On November 23. 1910, at 9.30 a.m. I with Detective Sudbury saw Wade and Burke in the City Road and followed them to Crump and Co., 68, Bartholomew Close. Wade handed some papers to Burke, who entered the premises, came out, and the two proceeded to Moorfields, where they met Womersley. They went together to the "Grapes" public-house in Lime Street at 11.45, remained about half an hour, when Womersley entered 34, Lime Street, the office of Mitsui and Co., remained there five minutes, and came out. I spoke to Bellamy, the manager, who handed me receipts produced. I then with Detective Sudbury arrested the three prisoners. I told them we were police officers and should take them into custody for being concerned together in obtaining 10s. by false pretences from Messrs. Mitsui and Co.; they made no reply. At the station I showed them the receipt, which is as follows: "No. 2,749. Brian Counties Directories. County of London, November 23, 1910. Received from Messrs. Mitsui and Co., Ltd., the
sum of 10s. for three insertions in the above. For Brian, 32 Charing Cross, 8 W. Representative H. Watson." I found on Womersley order form dated November 23 signed by Mitsui and Co. purporting to be an order for insertion of Mitsui's name, the printed name and description of the firm being pasted upon it. I also found on Womersley 4 1/2 d. and a number of cuttings from directories. I found on Wade order form and printed slip with the name of Crump and Co. for the insertion of their name in Brian's directory. Upon him also were 46 other order forms bearing the name of various firms and cuttings from directories together with a number of printed slips referring to Brian's directory, the Kent business directory and diary, Kemp's trade directory, McNiven's Directory of Great Britain, Hammond's National Guide. There are no such directories as far as I can ascertain. On Wade I found an empty bottle, which apparently had contained obliterating ink. wade gave his address at 9, Colebrooke Bow, Islington, where I found six directories, two of which had been identified as stolen from public libraries and from which a number of cuttings had been taken; circulars relating to Kemp's business directory of 9, Colebrooke Row, order form, etc. Womersley said he had no fixed abode. Burke gave his address at Rowton House, King's Cross, where I found that he had stayed for some time; Womersley has also stayed there.
Cross-examined. I ascertained that Womersley had been working for A. K. Fisher and Co., that he had been sent to Brighton to canvass for a directory published by Fisher and Co.
JOHN BELLAMY , clerk to Mitsui and Co., 34, Lime Street, shippers and merchants. On November 23 Womersley brought me slips produced purporting to be an order to insert my firm's name in Brian's directory. Believing it to be genuine I paid him 10s., for which he handed me receipt produced. Sergeant Wagstaff afterwards communicated with me.
Police-constable HENRY RIDER. I assisted in taking the prisoners to Minories Police Station, where Burke asked Womersley if he had any money; Womersley handed him half-a-sovereign; Burke asked Detective Sudbury to change it, but Sudbury refused to do so.
Detective-inspector FRANK HALLAM. I have made inquiries at 32, Charing Cross and find that there is no such name as Brian and Co. there, and Brian's directory is not published. I have also inquired at the British Museum; no copy of such directory has been deposited there.
BEDA BECKER , managing director of Blucher and Co., palmerston house, Old Broad Street. On October 1 Burke produced to me slip purporting to be an order for insertion of my firm's name in Brian's directory, for which payment was due of 35s. It bears my signature, which I made under the word "cancelled," meaning that the insertion was not to be made. The word cancelled has been obliterated. He produced at the same time a receipt for £1, which he stated was due. and I gave him cheque for £1. which has been honoured at my' bank. He handed me slip containing a cutting of my firm's name on which I wrote across "cancelled," signed, and returned to him. The word "cancelled" has now been obliterated. The next day another man, not
one of the prisoners, called upon me with the first document and asked for a cheque for 35s. Seeing the word "cancelled" had been obliterated I gave him a cheque, which I stopped, and communicated with the police.
Cross-examined. Some months ago I had advanced Wade £2 to assist him in producing a book; I also agreed to advance him a further £5 if required.
Detective-sergeant WAGSTAFF, recalled. I was present at the Mansion House when Frank Gordon was examined. Prisoners had an opportunity of cross-examining and Wade did so.
Evidence read of Frank Gordon Simmonds, clerk to Gordon, Son, and Co., 66, Aldersgate Street. Wade came to our place on November 22, 1910, and produced order: "Please insert the accompanying matter in your next issue for the sum of 6s."; and slip containing name and description of my firm. I handed him 6s. and got receipt produced on behalf of Brian Counties Directories, 32, Charing Cross.
WALLACE SANGSTER , manager to A. K. Fisher and Co., 77, Fleet Street, publishers of Fisher's Mercantile Directory. Womersley has been employed by my firm for six months; his conduct has been perfectly satisfactory, and he has accounted for all moneys due. We are quite willing to take him back.
JOHN WADE (prisoner, not on oath), stated that Kemp's Business Directory was intended to be published, and that he had assisted in collecting subscriptions for Brian's directory, being employed by a man named Collins, and believing it to be genuine.
Verdict, Womersley, Not guilty; Burke and Wade, Guilty.
(Saturday, December 10.)
Wade confessed to having been convicted on November 19, 1906, at this Court, receiving three years' penal servitude for conspiracy to defraud in connection with 12 bogus directories.
Burke confessed to having been convicted on July 11, 1907, at Birmingham Quarter Sessions, receiving three years' penal servitude, for stealing a directory from the Birmingham Free Library and fraudulently obtaining money. He was also convicted at Tower Bridge, on July 26, 1910, receiving three months' hard labour, for attempting to defraud.
Sentence, Burke, 20 months' hard labour; Wade, 18 months' hard labour.
BEFORE THE RECORDER.
(Saturday, December 10.)
THOMAS, John (36, tailor), and BLAND, Joseph (29, clerk) , both breaking and entering the warehouse of Amy Coleman and stealing therein a quantity of silk and velveteen and other articles, her goods, and feloniously receiving the same.
Mr. Warburton prosecuted; Mr. Horace Samuel defended Thomas.
AMY COLEMAN , wife of Charles Coleman. I occupy the second and third floors of 12, Ludgate Square, E.C., as a warehouse, show and work-rooms, and employ about 17 girls, making silk blouses, etc., for shops. On October 26 about £70 worth of silks, blouses, etc., were stolen from my work-rooms. Sack (produced) contains about half the articles missing.
MILLIE TURNBULL , assistant to Amy Coleman. On October 25, at 7.5 p.m., I left the warehouse securely fastened, the fore-woman, Miss Cheary, having locked the outer door. The next morning (at 8.20) we had great difficulty in getting in, found the work-room and show-room in disorder, and a quantity of goods missing. Man's cap (produced) was upon one of our machines.
Sergeant GEORGE BUDGE, E Division. On November 1, at 2.30 p.m., I and Detective Phillips were keeping observation on the opposite sides of Long Acre, when I saw a red taxi-cab containing the two prisoners and another man stop outside Cashman's tailor's shop, No. 89. Thomas got out, Bland rolled out sack (produced) and got out. Thomas put the sack on Bland's shoulder, and he walked towards Cashman's shop. The third man walked away. I crossed the road towards the prisoners, when I saw Bland running away with the sack on his shoulder, followed by Phillips. I detained thomas; phillips brought Bland back with the sack. I said, "We are police officers, what have you got in that sack?" Thomas said, "I do not know this man; I was going into that shop for a suit of clothes." Bland said, "I do not know what it is, another man asked me to carry it for him." We took prisoners to Bow Street; they were charged and made no reply. While I was speaking to the inspector Bland threw label (produced) under the seat addressed "The Crown, Broad Street, Golden Square." I found on Bland six similar labels.
Cross-examined. I was standing at the corner of Bow Street, about 60 yards from Cashman's shop; the taxi-cab drew up ten or 15 yards further on. I kept the prisoners in sight the whole time—I did not see who paid the taxi-cab man. I have endeavoured to find the taxidriver; six cab ranks have been inquired at without success. At the police court Thomas said to me, "Have you found the cabman?" I said, "No." He said, "I have, and I am going to call him." I did not know either of the prisoners by sight.
Detective ALBERT PHILLIPS, E Division. On November 1, at 2.30 p.m., I was with Budge. I was standing at the private entrance to 89, Long Acre, when a taxi-cab stopped about ten or 15 yards off, coming in the direction of the City. The two prisoners and a third man got out, Bland carrying sack (produced), with which he entered the passage and went up a few stairs. Catching sight of me he doubled and ran round into Charles Street. I brought him back to No. 89, where Budge was detaining Thomas. Prisoners were charged with unlawful possession and remanded to November 8, and then to November 15, when Mrs. Coleman identified the property, and they were charged with stealing and receiving.
Cross-examined. I said at the police court "I did not see Thomas at all till I came back to Bland"—I meant I did not see his face to identify him; I saw he was a short man, similar to Thomas in height and build, and wearing a light suit such as Thomas now wears.
Detective-sergeant FREDERICK WISE, City. On October 26, at 9 a.m., I examined 12, Ludgate Square. The second and third floors are occupied by prosecutrix, the first floor being vacant: There is a door at the bottom of the stairs, the lock of which had been tampered with. The door to the empty offices on the first floor had been forced, and I there found jemmy (produced). On the second floor the lock had been tampered with and a roll-top desk had been forced, upon both of which were marks apparently made by jemmy (produced). Miss Cheary handed me cap (produced). Between November 8 and 15 I was informed two prisoners were in custody, charged with unlawful possession of silk; the silk was then identified by prosecutrix.
Prisoners' statements: John Thomas: "I reserve my defence. "Joseph Bland: "I was asked it I could bring a parcel to this shop in Long Acre, and I said 'Yes.' I was taken over the water, somewhere in Walworth Road, and the man went and brought me this parcel, and said, 'You can take this now, and I will be there as soon as you.' He then left me. I waited for about five or 10 minutes when a taxi-cab came along" which I hired. I told him to drive to this shop in Long Acre. He pulled up right opposite the street door. When I opened the cab door I happened to see through the passage this officer, Phillips, standing right at the back looking at me. I caught hold of the parcel, shut the cab door, and put the parcel down opposite the shop door. I then went out and asked the cabman how much it was. He said, '2s.,' which I paid him. I went to pick up the parcel, and a little man, an assistant in the shop, said to me, 'Where is so and so?'—I did not hear what name he mentioned. I went through the passage with the parcel still looking at Phillips. I walked upstairs with the parcel and left it at the top of the stairs—a square landing like. I came down without it, and the little man in the shop said to me, 'There is two men at the back there.' I took no notice and walked out. I then came back, went up-stairs, and brought the parcel down again. When I got to the bottom of the stairs I saw a man come out of the back passage and speak to Phillips. Then I heard him say, 'Take it out quick'—I do not know whether it was the man that spoke to Phillips or not, but it was
somebody from that direction. Not thinking anything wrong I put it on my shoulder and walked round the corner rather sharply with it. I had only got round the corner, which is only a few yards, when the police officer came, pulled me round by the shoulder and brought me back to the shop, where I saw the officer Budge with the prisoner Thomas, whom I had never seen before in my life."
JOHN THOMAS (prisoner, on oath). I have been assisting my brother-in-law in dealing in potatoes at Covent Garden. On November 1 at 1.30 I was at Covent Garden; I went into Long Acre and was looking into Cash man's shop thinking of purchasing a suit of clothes, when Bland passed me with a bag or sack upon his shoulder. I was talking to Cashman when Budge came up. Phillips came there with Bland in custody. Budge said, "What are you doing here, are you with this man?" I said, "I do not know this man." At the station I said, "You know you must have made a mistake. Do not bring such a charge. I did not get out of the cab." At the police court I implored the magistrate to find the cabman, as he would prove my innocence. I never saw the silk and know nothing about the case.
Cross-examined. When arrested I had only 3d. on me. I intended to order a suit to be made, and should have got the money and paid a deposit. I was not going to purchase a ready-made suit.
JOSEPH BLAND (prisoner, not on oath). I work at my mother-in-law's laundry, and had been to Drury Lane about some washing, when a man asked me if I would go with him; he asked me to take the parcel to Cashman's. I took a taxi-cab alone and carried the parcel in, left it on the stairs, and came out to see if I could see the man. I was then seized as I was carrying it round the corner. I knew nothing of the contents or that it was stolen.
Verdict (both), Guilty.
Thomas confessed to having been convicted at Northallerton on October 20, 1901, where he was sentenced to 10 years' penal servitude or shop breaking; he is now on ticket-of-leave, and has two years and 159 days of that sentence unexpired. Other convictions proved; July 11, 1891, Salisbury, five years' penal servitude; January 7, 1895, Cardiff, three years' penal servitude; October 26, 1897, Cambridge, three years' penal servitude—all for shop breaking; and three other convictions. Bland on April 10, 1910, received six months' hard labour for unlawful possession.
Sentences, Thomas, Three years' penal servitude; Bland, 20 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Saturday, December 10.)
Mr. Beaumont Morice prosecuted; Mr. Tully-Christie defended.
RACHEL WHEELER , wife of Mr. Wheeler, licensee of the "Romford" beerhouse. At 5.30 p.m. on November 14, prisoner, who came in with another man, asked for two ales and tendered, a florin, which I put in the till. There was nobody serving but me, and there were only shillings and sixpences in the till. They drank their beer and went out. About 6 p.m. my husband came in and went to the till. He then brought me this bad florin, and I informed the police. On the same day I picked out prisoner at the police station from 12 other men.
Cross-examined. This was the first florin I had taken since I had been serving from 2 p.m. They did not seem in a hurry when leaving. I changed no silver between their departure and my husband coming in.
ISAAC CALCHMAN , barman, "Three Cranes" public-house, Brick Lane. About 5 p.m. on November 14 prisoner came into the bar with two women and called for three beers. He gave me a florin, and suspecting it was bad, I went to test it. He said, "Come on and give me my change." Knowing that he had a very bad temper, I gave him 1s. 9d. change, and put the florin in the till with other florins. I did not test it in any way as I was afraid; I was alone in the bar. At 6 p.m. he returned alone. He met two women in the bar and ordered three beers. My brother Charles was in the bar with me. On prisoner handing me a florin I gave it him to test. Prisoner then snatched it out of his hands and put down a sixpence for the drinks, and I gave him 3d. change. He then began swearing and threatened when he got out to kill me, break my legs, and do me as much harm as he possibly could for refusing to take good money from him. When he left the bar I gave my brother the first coin he had tendered. He cut a piece from it, and I afterwards identified it at the station. I identified prisoner at the police station from about 25 other men. I knew him before by sight.
Cross-examined. The till was a National Cash Register. I should know the women who came in with him the first time if I saw them again. I have been a barman two years. He did not threaten me, the first time, but I was afraid he might call in some of his "pals." One of the women whom he met in the bar when he came in the second time was Kate English. I was standing beside my brother when I gave him the bad florin to test. The width of the counter is about a foot and a half. Prisoner was excited. I identified him at 8.30 p.m. He was perfectly sober then.
JAMES GODDARD , licensee of the "Phoenix" beerhouse, Brick Lane. About 5 p.m. on November 14 prisoner came in with another man and asked for five drinks; he was treating three other men in the bar. He tendered a florin, which I told him was bad. He said it was an insult for me to tell him that, swore, and asked me whether I thought he
would do me for a bad two shilling piece. I said I did not know whether he would or not, but that I wanted 5d. He gave me 5d. in coppers. His companion offered him a shilling for the bad florin. I bent it slightly with my teeth (coin produced). I identified him at the police station the same evening.
Cross-examined. I returned the florin to him and he put it in his pocket. He did not say anything when his companion offered him a shilling for it. He was sober when I identified him—he had had a little drop, I think. When he came in he was not in such a condition as I would not serve him.
Detective JNO. STEPHENS, H Division. About 7 p.m. on November 14 I saw prisoner in Hanbury Street with James Geary. I said, "I am going to arrest you on suspicion of uttering a counterfeit coin at the "Three Cranes" public-house about an hour ago." He said, "You can do what you like with me about that. You will have to prove it, and mind you don't get into trouble for arresting me. You know that is not my game." I took him to the station, and, on searching him, found in the left bottom vest pocket a counterfeit florin wrapped in tissue paper (Exhibit 4) dated 1875, and in the right bottom vest pocket a bent counterfeit florin (Exhibit 3), one good shilling, 8d. in bronze, and five pieces of tissue paper, all of which except one appear to be narrower than the piece in which the florin was wrapped, and to have been used for making cigarettes. I said to him, "These coins are bad," and he said, "You dirty bastard." He was afterwards identified by Goddard, Calchman and Wheeler. Calchman identified Exhibit 2 and Wheeler Exhibit 1. When charged he made no reply.
Cross-examined. He had been drinking when I arrested him. He did not get exited until I had got him part of the way to the station. He was not in such a condition that he should not be served with drink. There are public-houses in the neighbourhood where he is refused for other reasons.
Prisoner's statement before the Magistrate. "I was the worse for drink on this day. I had been gambling. The money in my possession was what I had won. There was none wrapped up in paper. If there had been any wrapped up in paper, I should have known it was bad. I should like to call two witnesses but they will be afraid to come."
ARTHUR KILRAIN (prisoner, on oath). About 2.30 p.m. on this day I went to a gambling house in Commercial Road and played "farce" till four. I came away having won 10s., which I had in five florins, not wrapped up in paper. On my way home I met three porters, treated them, paying for the drinks with a sixpence and three coppers. From there I went to "The Three Cranes," where I had more drinks with two women, paying for it with one of these florins. The barman did not say anything about it being bad. I met Kate English outside and gave her a penny and a drink. I then went home. On coming out I
went into Wheeler's beerhouse, where I met a man named Andy," to whom I gave 2d. I also treated him, paying with another of these florins. Nothing was said about it being bad. I did not go in with another man. I went to see my father, but did not find him in. I then went into "The Phoenix," where I saw four men. I treated them and paid with a florin, not having, as I thought, sufficient coppers on me to pay otherwise. It was returned to me as bad, and on searching my pockets I found the necessary 5d. I was the worse for drink. I then left and went into the "Weavers' Arms," where I was refused drink. Previous to going into the "Phoenix" I believe I went into the "Three Cranes" a second time, where I saw Kate English and another woman. I treated them and paid with a florin, which the barman showed to his brother. He handed it to me back. I may have used bad language, but I bad had a lot to drink. I did not snatch the coin from his hand; he was too far away for me to do so. When searched my attention was never called to any coin wrapped in paper. I have been unable to get the names and addresses of the men I treated; I had only known them by sight as market porters. I do not know the address of this gambling house, as there is no number on the door.
Cross-examined. I have not done any work for a terrible long time. My name is not Kilrain. The barman at the "Phoenix" did not bind the florin. I never said I would break the barman's legs. I was so drunk when I was arrested that I do not know what I did say. I have always been served in the "Weavers' Arms" before this. I had no coin on me wrapped in tissue paper. The tissue paper was simply cigarette papers.
KATE ENGLISH , 2, Flower and Dean Street, Spitalfields. on a Monday evening, I cannot remember the date, I met prisoner at the top of the street, but he gave me a penny. I went into the "Three Cranes" public-house and had a drink. I went there again afterwards and was talking to another woman when prisoner and another man came in. He asked us to have a drink and we accepted. I did not see what he tendered and I did not hear the barman say anything. I heard an argument about some money but I did not hear what it was as I was talking to my friend. When the barman said it was bad prisoner said, "You do not think I have come in here with bad money." I did not hear him threaten the barman; I was talking to my friend.
Cross-examined. They were arguing, and t wished to have the house conducted properly.
Fourteen previous convictions were proved, dating from 1893, none for coinage offences. Prisoner had a remnant to serve of 273 days from a sentence of three years' penal servitude in 1908.
Sentence, 18 months' hard labouron the first count, Nine months' hard labour on the other counts, to run concurrently.
BEFORE JUDGE RENTOUL.
(Saturday, December 10.)
Mr. Leycester prosecuted; Mr. Curtis Bennett defended.
CHARLES THOMAS ROBETRS , carman, Feltham. I have known prisoner about two years. In April last I was summoned by my wife for an assault; prisoner had given me certain information about her, and after the summons he persuaded me to try to get a divorce; he said that to carry it right through would not cost more than £10, as I could proceed in forma pauperis. He asked for £2 to start with, to send to the lawyer in London; I gave him £2. A few days afterwards he said he had sent the £2 to London and wanted a further £2 for the lawyer and £1 to subpoena two witnesses, Cunningham and Brown; I gave him this £3. Shortly afterwards he saw me again and said that he had parted with the £3 as arranged; that he could not work for nothing, and wanted £1 for himself; this I gave him. Later he asked me to go to the Temple with him to see Mr. Nicholson, K. C., and to take with me another £2; this I did; I gave prisoner the £2 in Mr. Nicholson's chambers, but I did not see prisoner hand it over. Prisoner took me to Somerset House, where he filled up some papers; I do not know what they were. Later on prisoner asked for further money and I told him I would not give any more until I got a receipt for what I had paid. He then told me he would see that I did not get my divorce.
Cross-examined. I did ask prisoner to keep a watch upon my wife and certain men, and he did so. He never told me that his charge for watching would be 6d. an hour. I cannot say how many visits he paid to London on my business. I never received the letter from prisoner of which a copy is now read saving that he declined to act further for me because he had found out certain things. I do not know that every necessary step had 'been taken in the divorce proceedings except the actual filing of the petition.
CYRIL A. WILKINSON , clerk in the Divorce Registry, Somerset House. No petition for a divorce in the case of Roberts v. Roberts and Carter has been filed. An order has been obtained giving leave for the prosecution of the suit in forma pauperis.
Cross-examined. Before that order was obtained, a certificate of counsel must have been secured and an affidavit filed.
GEORGE TOMLIN (prisoner, on oath) said that prosecutor had agreed to pay him 6d. an hour for watching; he did this work for 282 hours. He had received from prisoner altogether £7 8s., and had paid out £3 15s. 6d. to Mr. Nicholson, and various sums for travelling expenses, etc. There was actually money due to him from prosecutor, for which a county court summons had been issued.
CHARLES GRAVES , clerk to Mr. St. John Nicholson, Temple, spoke to various interviews held by prisoner with himself and Mr. Nicholson in the matter of prosecutor's divorce suit, and produced the fee book, showing payments by prisoner of £3 15s. 6d.
The defence was proceeding when The jury stopped the case and returned a verdict of Not guilty.
BEFORE JUDGE RENTOUL.
(Monday, December 12.)
Waters pleaded guilty
Mr. Beaumont Morice prosecuted; Mr. Purcell defended Payne.
Sergeant ALFRED HANDLEY, J. Division. Medical evidence having: been given of this witness's inability to be present, his deposition was read. It was practically identical with the evidence of the other officers.
Sergeant WILLIAM SMITH. On the morning of November 8 I was with Sergeants Handley, Wright, and Edwards in Victoria Park Road We first saw Harrison and Payne, and kept them under observation. We followed them to the Queen's Hotel; there they met Waters outside, and the three went into the centre bar. Presently Harrison came outside and looked up and down; then all three came out and went into a urinal about ten yards away. Edwards went into the urinal at one side and Handley and I at the other; prisoners were talking together. Waters was carrying a newspaper parcel, which Handley took from him, and Edwards took a packet from Payne's pocket. (The two packets contained coins, done up in tissue paper.) I apprehended Harrison, and told him I should search him. He said, "You won't find any snide on me; that ain't a game of mine. I don't know these two men; I have never spoke to them in my life; I have only just come from Newington Butts; I am looking for work." I searched him, and found no bad coin on him. He had on him a lodging-house ticket, and told me that he had slept at Whitechapel the previous night, and that he had made a mistake in mentioning Newington Butts.
Sergeant JAMES EDWARDS. I arrested Payne. I searched him, and found this packet containing 92 counterfeit florins, each wrapped in tissue paper; also £7 3s. in good money. When I told him I should
search him thoroughly he said, "You will not find any more on me; I did not know they were in my pocket. Teddy must have put them there." Later on, at the police court, Payne said to me, "The old man Teddy is going to say he put the packet in my pocket."
Cross-examined by Mr. Purcell. Payne worked for some years for the L.G.O. Company; he left them without a character. He has never been charged or convicted.
Re-examined. Payne's real name is Alfred Clarke. He worked for the L.G.O. Company in the name of Shaplady.
GRACE FULSHAM , barmaid "Bedford Head Hotel," Tottenham Court Road. On October 28 Harrison came in and called for a drop of Irish, tendering the florin (produced). Seeing that it was a bad one I handed it to my manager.
FREDERICK G. STEWART , manager, "Bedford Head Hotel." On Fulsham handing me the coin I tested it in spirit and it turned black. I said to Harrison, "Did you give this young lady this two shilling piece?" He said, "Yes; give it me back, please." I gave him into custody.
To Harrison. You are not a customer of the house; I have not seen you before in twelve months. When I said to you, "This is a bad two-shilling piece" you did not say, "I was not aware of it."
Police-constable ARTHUR NIGHTINGALE, 436 D. I arrested Harrison (in the name of Charles Willis) at the "Bedford Head"; he had upon him one good florin. He was charged and remanded, and eventually discharged. (It was a single uttering.)
ALFRED PAYNE (prisoner, on oath). My right name is Alfred "Clarke. My wife is in an asylum, and at the time of my arrest I had just heard that she was very ill; I gave the name of Payne so that she might not hear of my arrest. When charged at the police court I at once said my name was Clarke. I was for 12 years in the service of the L.G.O. Company; I left because they were slackening their staff. Since then I have been earning my living as a general dealer. The £7 found on me when I was arrested was the price of a pony I had sold the previous day at the Cattle Market. In the L.G.O. Company I passed as Shaplady, because that was the name by which my grandfather and stepfather had been in the company's service for 40 years. On the morning of November 8 I was in Victoria Park Road going towards Stratford; I met Harrison (I had not known him before) and he asked me the way to the "Milford Castle"; I was going that way and offered to show him. At the "Queen's Hotel "he asked me to have a drink; on going in I saw Waters, whom I have known nine or 10 years. The three of us went into the urinal, where we were arrested. Up to going into the urinal I had not a single bad coin or any packet of bad coins on me; when the officer took the packet from my pocket I said, "I did not know it was there;
Teddy must have put it there. In all my life I have never had a charge of any sort brought against me.
Cross-examined. I have known Waters for a long time as a neighbour; I can only suggest that he put the packet in my pocket in his excitement.
Verdict (Payne and Harrison), Guilty.
Detective-inspector WRIGHT proved a long list of convictions against Harrison, who had for a considerable time been getting his living by uttering counterfeit coin. Waters and Payne are makers of these coin; a number of prisoners convicted of uttering have stated that they received the coins from Payne. The man James Brown convicted on December 7 (see page 144) told the police that he received coins from Waters almost daily.
Sentences, Harrison, 12 months' hard labour; Payne, Six months' hard labour; Waters, Three months' hard labour.
ARMSTRONG, George (37, no occupation) , feloniously gilding four silver sixpences, with intent to make them resemble half-sovereigns; unlawfully uttering counterfeit coins; unlawfully possessing counterfeit coin, with intent to utter the same.
Mr. Beaumont Morice prosecuted.
ANNIE WHIFFIN . I keep a wardrobe shop in Plumstead Road, Woolwich. On the afternoon of November 11 prisoner came to my shop and asked me if I had a pair of boots. I showed him a pair and told him they would be half-a-crown. He asked me if I had change of a sovereign, and I told him I had not. He asked me if I could change half a sovereign. I said I could. I gave him the boots and change for the half-sovereign. The half-sovereign produced is the one he gave me. He went out of the shop rather quickly. I looked at the coin and went after him. When he saw me following him he began to run. I afterwards saw prisoner being detained by the witness Fish. Prisoner handed me back the boots and the change and said, "Have you got a heart"; he went down on his knees and said, "For God's sake don't lock me up." He was handed over to a policeman and taken to the station. He did not say anything there to my knowledge.
Cross-examined by Prisoner. I looked at the coin when you went out of the shop. You went out so sharply that it drew my attention to look at it.
Re-examined. He passed it off on me as a half-sovereign.
GEORGE FISH , Station Road, Plumstead. On this afternoon I saw prisoner running and Mrs. Whiffen running after him. She was crying out "Stop that man!" Prisoner ran down Sprague Street into Baldock's Yard, and hid in the stables. Mr. Baldock got a light, and we searched for him and found him underneath a stall in the stable.
Cross-examined by Prisoner. I should think you had time to rub the gilt off before the police came, while you were under the straw.
WILLIAM BALDOCK , Sprague Street, Plumstead. I searched my yard with a lamp with the witness Fish. We found prisoner underneath the manger in the stable covered with straw. I told him to come out, and he said, "For God's sake have mercy on me." I heard something drop; I picked it up, and found it was a coloured sixpence. The one produced is the one I picked up.
To prisoner. I do not know whether you dropped it by design or by Accident.
Police-constable C. WINTER, 257 R. On November 11 I was called to Baldock's Yard. I found prisoner detained by Baldock and Fish. Mrs. Whiffen handed me a gilt sixpence. She said, "This man gave me this for half a sovereign." Prisoner did not say anything. Baldock handed me a gilded sixpence and told me he had picked it up in the stable. I told prisoner I should take him into custody, and he said, "Do let me go." I then took him to the Woolwich Police Station.
Detective WILLIAM MITCHENDEN. I saw prisoner at Woolwich Police Station on November 11. I found in the ticket pocket of his overcoat two gilded sixpences. Each coin was wrapped up in a piece of tissue paper. I showed prisoner the coins, and he replied, "Now you have the lot, I only had the four." I told him he would be charged with uttering counterfeit coin. He said, "Counterfeit coin, what do you mean? I know I gilded the four sixpences over, but they are good coins; how can you charge me with uttering counterfeit coins." I continued to search prisoner, and found on him one penny in bronze; one small ladle; one bottle of gold paint; one bottle of varnish; two books of gold leaf; two small paint brushes; one piece of sealing wax; two pieces of steel; three pieces of lead; one piece of copper wire; and one piece of wash leather. There was no sovereign on him.
Detective-sergeant JAMES CUNNINGHAM. On my charging prisoner at Woolwich Police Station and asking him for particulars of himself he refused to give any, saying "You have enough to go on with; I shall tell you nothing." When I told him he would be charged (besides gilding the sixpences) with possessing counterfeit coin, he said, "How can you call them counterfeit coin; they are good sixpenny pieces."
To prisoner. Decidedly I think the sixpences are sufficiently well gilded to deceive a woman shopkeeper in the dusk.
The indictment further alleged that prisoner is a habitual criminal; prisoner pleaded not guilty.
The formal procedure was proved. Prisoner had been convicted 17 times, receiving sentences totalling to 13 years imprisonment. He had no a remanet of one year and 35 days to serve.
Sentence, Three years' penal servitude and Five years' preventive detention.
BEFORE THE RECORDER.
(Tuesday, December 6.)
GROBECKER, Augustus Julius Henry (73, no occupation), who was convicted at last Sessions (see page 101) of fradulent conversion, was brought up for judgment. It was stated that other cases of fraudulent obtaining had been reported against the prisoner.
Sentence, Three months' imprisonment, second division.
BEFORE THE RECORDER.
(Wednesday, December 7.)
Bloomfield and Duck pleaded guilty
Mr. Warburton prosecuted.
CHARLES TEALE , 144, High Street, Walthamstow, dealer in domestic machinery. On November 25 I had a quantity of old rubber tyres placed in a tub in my back yard, value about 7s. The following morning they were gone. I noticed some pieces outside the tub and portions in the next garden. There was about 40 lb. or 50 lb. weight of rubber.
CHARLES DAWES , 146, High Street, Walthamstow, picture-frame maker. My back garden adjoins the prosecutor's yard. On November 25 at 4.30 p.m. I saw Nash in my garden; he must have got over the brick wall. I asked him what he wanted there. He said, "I am looking after the old lumber." I said, "You have no right here," and he went away over the wall. I afterwards noticed pieces of rubber on the fence and a whole rubber tyre in my garden. On Monday I found the gate open and a nail driven in to prevent its being closed. I called the attention of the police to the matter.
Cross-examined. On the 28th or 29th I saw Nash at the police station and identified him.
JOHN PAGE , 14, Davey Road, Bow, assistant to Charles Wilson, old metal dealer, 28, Chursall Street, Walthamstow. On November 25 between 6.10 and 6.30 p.m. the three prisoners brought 44 lb. of rubber to me, for which I paid them 6s. 2d. I am sure Nash was with the other two. I know the three prisoners; for the last 10 weeks or three months they have been to my shop nearly every day.
Cross-examined. I cannot say what Nash said to me—he spoke to me at the scale.
Detective-sergeant WILLIAM PITT, N Division. On November 29 at 7 p.m. I was with police-constables Child and Bennett at a coffee shop in Linden Road, Walthamstow, where I saw the three prisoners. I called them outside and told Nash he would be charged with being concerned in stealing a quantity of rubber from the rear of 144, High Street, Walthamstow, on the 25th inst. Nash said, "Oh, did I, that is all you know. I shall get out of this." On the way to the station he said, "Who has put us away? If I find out who did, when I come out he will go through it." When charged he made no reply.
Statement of Nash before the Magistrate: "I do not see why I should be here picked out for another fellow, I can prove where I was on the night when the rubber was stolen. I can bring witnesses that I was not there, I hope the police will bring them up. I can give their names and addresses and the other prisoners. If they bring him up he can speak the truth. I was picked out for him."
GEORGE NASH (prisoner, on oath). On November 25 I was at the coffee shop in Linden Road from 4 to 6 p.m.; Bloomfield and Duck came there with the rubber in a bag. They had a cup of tea and went out. I left the coffee shop, returned and saw them again at about 8.30. The evidence of Page and Dawes is false. I was not in Dawes' garden at any time that day. I was not with the others at Wilson's shop. I was not put up for identification—I was sitting down on a bench with Bloomfield and Duck when Dawes came in and said, "This is the man." I told him he had made a mistake.
Cross-examined. There are about 24 shops between 144, High Street, and the coffee-shop. It would take about ten minutes to go from one to the other.
SAMUEL BLOOMFIELD (prisoner, on oath). I have pleaded guilty to stealing 44 lbs. of rubber from Teale. Nash was not with us. I saw him at 6.15 in the coffee-shop. He was not with us when we sold the rubber—there was no third man with us.
CHARLES ARTHUR DURHAM , 2, Linden Road, Walthamstow, coffee-house keeper. I know Nash as a customer. On November 25 he was at my shop in the morning, and at about 4 p.m., when he came in with three or four others. He stayed 15 or 20 minutes, left, returned in
about five minutes, went out ten minutes afterwards, returned, and left about half-past five. At 5.10 or 5.15 p.m. Bloomfield and Duck came in with a sack and ordered tea. Bloomfield opened the sack and began to pull out the rubber. I said, "You put that outside; I won't have you put it in here." He picked up the sack and took it out, Nash following him out.
THOMAS BRIDLE . On November 25, at 7.15 p.m., after I had finished my work as a marine-store dealer, I saw Nash and Bloomfield at the coffee-shop. I know nothing about the robbery. Bloomfield told me that he and Duck' had the stuff and had sold it.
Cross-examined. I am prisoner's step-brother.
WILLIAM TANN , Park Road, Walthamstow, labourer. On November 29, at 4.30, I saw Nash at the coffee-shop. At about 5.15 Bloomfield and Duck came in with a bag. Bloomfield pulled out a piece of rubber. Durham said, "Take that out of my shop." Both of them left. Nash went out directly afterwards and; returned in five or ten minutes.
Nash confessed to having been convicted on October 1, 1909, at Chelmsford Quarter Sessions, receiving 12 months' hard labour, for house-breaking.
Sentence, Nash, 18 months.' hard labour; Bloomfield, 12 months' hard labour; Duck, two years' imprisonment under Borstal treatment.
BEFORE THE RECORDER.
(Thursday, December 8.)
HARRISON, Charles Claude Stanhope (61, pattern cutter) , stealing a gold ring, the goods of Lillie Appylonia Cluse, in the County of London ; obtaining by fraud other than false pretences credit to the amount of £3; stealing a watch, and then within six months four pairs of vases and one ring, the goods of Florence Mansfield; stealing a blanket and other articles, the goods of Florence Mansfield ; feloniously marrying Isabella Jane Phillips, his wife being then alive.
Mr. W. W. Grantham prosecuted; Mr. Warburton defended.
On the bigamy indictment:—
MARY SOPHIA HODGKINSON , 9, Irving Street, Birmingham. I was present at Edgbaston Church on July 20, 1874, when prisoner, as Samuel Charles Harding, was married to my sister, Ann Hipwell, whom I saw in September last. I last saw the prisoner 17 or 18 years ago, when he was living at Hanley.
LOUISA ANN BEODEY , wife of—Brodey, architect and surveyor, Chingford. I know prisoner as Charles Stanhope Harrison. On November 27, 1906, I was present and signed the register at Plaistow Parish Church when prisoner was married to Isabella Jane Phillips.
THOMAS HIGGINS , retired Detective-inspector. I was stationed at Hanley for 27 years, and know the prisoner as Samuel Charles Harding and as Charles Harrison. In December, 1885, he was managing a boot shop in Hanley with his wife and children. His wife is still living at Hanley. About 1893 he left Hanley, returned in June, 1895, to his wife and family, and disappeared from Hanley in October, 1895.
Cross-examined. I have not seen him since 1895. Prisoner's wife is now living in Festing Street, Hanley.
Detective-sergeant THOMAS RADCLIFE, N Division. On November 2 I arrested prisoner on another charge at London Bridge Railway Station on a warrant in the name of Charles Claude Harrison. On November 29, at Stratford, he was further charged with bigamy. He said, "I am not guilty of that."
After further evidence the Recorder ruled that it lay on the prosecution to prove that the prisoner had been in communication with, or seen, his first wife within the past seven years; the jury returned a verdict of Not guilty.
On the larceny indictment with regard to Mrs. L. A. Cluse:—
LILLIE APPYLONIA CLUSE , 9, Islington Green, widow. In April, 1910, I advertised for a situation as housekeeper and received letter (produced) of April 7 from prisoner, stating that he was in want of a steady trustworthy person to take entire charge of his house at Regent's Park. I afterwards met him at the Islington Tube Station, when he told me he was a widower, had lost his wife, was in a good position as manager of Meyer's bell foundry, Whitechapel, where he had been employed for 23 years, and that I should be wanted as soon as he got rid of his present housekeeper and servant. We afterwards went past Meyer's foundry, where he pretended to enter the office; he said he got the keys from the caretaker. He said his father was very rich, living at Ashfield in a mansion containing 17 rooms and where three servants were kept; he wanted me to go down there to see his father. I met him a great many times, and he proposed marriage to me, which I deferred accepting as I did not know enough about him. He visited at my house, and said he wished to give me a valuable ring, but it was too large for my finger. He asked me to lend him my wedding ring as a guide to purchase a ring for me. He said he had got a jewel case, and he was having it fitted for me to contain a watch and bracelet to be worth £50. Having confidence in him I parted with my ring. I repeatedly asked him for it back, and a month ago found he had pawned it. It is the ring produced. I also lent him £3.
the prisoner in the name of Charles Harrison, 13, Brick Lane. It is 22 carat gold and worth about 15s.
JOSEPH SPRINGERS , manager to Goldstein, Chaplin Street, St. George's, bootmaker. I have known prisoner as Charles Claude Harrison. During the last four or five years he has worked for me as a boot clicker earning on an average 17s. to 19s. per week.
Detective-sergeant THOMAS RADCLIFF, N Division. On November 2 I arrested prisoner on another charge. I found pawnticket (produced) upon him amongst a number of others.
Detective-sergeant HORACE CASELTON, N Division. On November 14 I saw prisoner in a cell at Stratford Petty Sessions, and told him he was suspected of being the man who stole a wedding ring from Mrs. Cluse of 9, Islington Green, between May 22 and June 4. He said, "Is she coming?" I said, "She is here"; he said, "Bight oh, get on with it." He was identified by prosecutrix and charged.
Prisoner confessed to having been convicted of bigamy on March 11, 3.893, at Stratford in the name of Charles Harding, receiving three years' penal servitude. A conviction of nine months' hard labour on February 29, 1888, for obtaining was proved.
Sentence, 20 months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, December 9.)
STEVENS, Lawrence (35, photographer) , pleaded guilty of being in the dwelling-house of Francis Davis and stealing therein one watch and one chain, her goods, and feloniously breaking out of the said dwelling-house; breaking and entering the dwelling-house of Elizabeth Robinson Manning with intent to steal therein.
Prisoner was released on his own and another's recognisances in £5 each to come up for judgment if called upon.