Vol. CLIV.] Part 915.
CENTRAL CRIMINAL COURT
HELD JAN. 10TH, 1911, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED,10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London
AND GAOL DELIVEEY FOR THE
COUNTY OF MIDDLESEX AND THE PARIS OE OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, January 10th. 1911, and following days.
Before the Eight Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir WM. GRANTHAM , one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir ALFRED JAS. NEWTON , Bart.; Sir W. VAUGHAN MORGAN , Bart.; Sir THOS. BOOR CROSBY, Knight, M.D.; Sir WM. HY. DUNN, Knight and EDWARD ERNEST COOPER , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner; and 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.
RUFERT SMYTHE, Esq., Deputy,
E. V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, January 10.)
HALE, Henry Ernest (27, assistant postman), pleaded guilty of stealing one postal packet containing 3s. 6d. and five penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, Nine months' hard labour.
GROOME, Victor Charles (23, labourer), pleaded guilty of forging and uttering, knowing the same to be forged, a request for the payment of money, to wit, a notice of withdrawal of £6 from the Post Office Savings Bank and a certain receipt for the said £6, in each case with intent to defraud. (Refer to Haines's case, p. 207.) Prisoner confessed to a previous conviction of felony on January 26, 1910, at Luton. Prosecutor was prisoner's father, from whose account he had drawn in all £13.
Four previous convictions were, proved, and it was stated that prisoner would not work.
Sentence, 12 months' hard labour.
MARSHALL, Edward (68, builder), who was convicted last Session (see page 164) of unlawfully obtaining credit without disclosing that he was an undischarged bankrupt, was brought up for judgment. It was stated that prosecutor had not been repaid any portion of the money he had lent prisoner.
Sentence, Three months' imprisonment, second division (to date from December 6, 1910).
CLACK, Horace (17, errand boy), who pleaded guilty last Session (see page 163) of arson, was now brought up and released on his own recognisances in £20 to come up for judgment if called upon, the Court Missionary stating that arrangements had been made for him to go into a home.
BEDFORD, Harold Ernest Percy Daniel (describing himself as 22 years of age, a sorter), who pleaded guilty last Session (see page 131) of larceny, was brought up for judgment. Prisoner had been 16 years in the employ of the Post Office.
It was stated that he had admitted stealing a watch and ring found in his possession from other postal packets.
The Recorder said that, this not having been stated before, he would not take it into account.
Sentence, Six months' hard labour (to date from December 6, 1910).
FINCH, Augustus William (41, agent), pleaded guilty that, being entrusted with certain property, to wit, the sum of £11,652 0s. 10d., for and on account of Phelps, Dodge and Co., he did unlawfully and with intent to defraud, convert the same to his own use and benefit.
The defalcations of prisoner, who was prosecutors' London manager, in receipt of £1,000 a year, amounted in all to £26,610. He declared that he had lost this sum in speculations which he had made in his endeavour to aid a boys' club, of which he was the founder. Prosecutors believed the story and wished the Recorder to deal leniently with him.
Dr. SIDNEY WHITE (of Bramley and White, solicitors) stated that prisoner, whom he had known since he was a boy, had devoted the whole of his life out of business hours and his money to improving the lot of boys in the East End, and confirmed the statements prisoner had made in his letters to prosecutors. At 15 years of age prisoner started a boys' club in connection with a religious mission of which witness was chairman.
The Recorder, stating that he could only suppose that prisoner had allowed his mission work to occupy his mind to such an extent that he had not the capacity to realise the nature of his offence, sentenced him to 12 months' imprisonment, second division.
LLOPIS, Jose (24, clerk), pleaded guilty of stealing one motor-cycle, the goods of William James Adlington; one motor-cycle, the goods of Henry Rupert Hood Barrs; and one motor-cycle, the goods of Richard Percival Cundall.
Prisoner was a Spanish subject, and had been in this country four-and-a-half years. He had borne a good character.
Upon the prisoner undertaking that he would go to Spain and not return to this country, and George Jowett (of 40, Grafton Street, W.) engaging that he would see that this undertaking was carried into effect, prisoner was released on his own recognisances in £50, and those of George Jowett in a like amount, to come up for judgment if called upon, the Recorder stating that prisoner would not hear more of the case if he did not return.
STANTON, Oscar Victor (25, postman) ; stealing a postal packet containing 5s. 8d. in money and five postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted; Mr. Huntly Jenkins defended.
WILLIAM EDWARD STRATFORD , clerk, General Post Office. In conesquence of complaints received at the North-Western District Office, at which prisoner is employed, on December 3 I made up a test packet addressed to "The Secretary. Accommodation Loan and Discount Company, Marylebone Lane, N.W." (there is no such company), containing
in a match-box two half-crowns, one sixpence, two pennies (which were wrapped in paper), and five penny stamps, all bearing my private mark, and a letter. I securely fastened the envelope, and at 3.45 p.m. posted it at the General Post Office. It would reach the North-Western office at about 7.30 p.m. I gave certain instructions to Maryon, the overseer at that office, and on the Monday following he communicated with me. I saw prisoner at that office on that day, told him who I was, and cautioned him. I described the test packet with its contents, and said that it had been placed before him to dead with. On my asking him what had become of it, he said he had not seen it and that he had none of the contents on him. On my asking him he said he had no objection to turning out his pockets, and did so. Detective Courcouf, who had seen me seal up the test packets, was present. Prisoner produced a quantity of money and placed it on the table. I asked him if two of the half-crowns were dated 1897 and 1907, the sixpence 1901, and two of the pennies 1902 and 1906, and he said "Yes." I then identified those coins as being the ones I had put in the test packet. I pointed out my private marks to him and told him what I had done. I asked him how they had come into his possession, and he said: "I know nothing about it." I can see my marks on the coins now; I am certain they are the same.
Cross-examined. About 400 are employed at the office at which the prisoner 1s. At this time he had an auxiliary postman with him all the time he was out of the office; he would not necessarily be with him inside the office. The test packet was enclosed in another envelope to Maryon; it was specially delivered to him, being collected immediately from the General Post Office. The coins only have been found. Search was made where he lives and nothing was found. He has been employed about ten years and has borne a very good character. He receives 30s. a week and is living at home with his parents, who are very respectable people.
(Wednesday, January 11.)
JAMES HENRY LOVSEY , overseer, General Post Office. On December 3 I received certain instructions from the last witness. I saw him post the letter in question. I collected it from the letter box and put it in an envelope, which I addressed to the Superintendent of the North-Western District Office, and despatched it.
EDWARD WILLIAM MARYON , overseer, North-Western District Office, General Post Office. At 5 a.m. on December 4 I received a letter from the superintendent addressed to the "Accommodation Loan and Discount Company, Marylebone Lane, N.E.," together with written instructions from Mr. Stratford. I kept it in my pocket till about 6.50 a.m., when the work was slack, and then placed it with several other letters in prisoner's "walk," in front of him to sort. He took them up and I walked away. I did not see what he did with them. The address was in another district, and it was his duty to turn it out as a missort and place it on a table with other missorts. He went out about 7.40 a.m., and on searching the table I found no such
letter. I also examined the letters on the table before he went out, with the same result.
Cross-examined. At the time there would be about 15 or 16 men at the sorting table. I was standing at the table all the time watching the missorts that were placed there. I did not see any trace of the letter after I left it with prisoner. He has been ten years at that office and I have had no complaints as to him.
PHILIP WILLIAM COURCOUF . General Post Office. I was present when Mr. Stratford made up the test packet on December 3, and saw the coins. About 2.30 p.m. on December 5 I took prisoner into custody. I saw him in the morning delivering his letters on his walk. I followed him and he finished about 8.30 am. He then went into a public-house with the auxiliary postman assisting him, where he stayed a few minutes. He went out and returned, remaining until 9.45 a.m. He went home and returned on duty at 12.40 p.m. I asked him to accompany me to Mr. Stratford, and I was present at the interview. I identified the coins that were found in his pocket as the coins I had seen put into the test letter. I took possession of them and produce them to-day. When charged he made no reply. He gave no explanation as to how he had become possessed of them.
To the Court. I saw the marks on the coins when found.
Verdict, Guilty. A second indictment relating to the theft of another postal packet containing money was not proceeded with. It was stated that during four or five months previous to prisoner's arrest there had been 40 to 50 complaints of letters having been lost, containing in all £12 in coin, and that such complaints had now ceased.
Sentence, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 10.)
JACKSON, George (40, mason), NASH, James (36, labourer), and HARRISON, Alfred (33, dealer), all feloniously possessing four moulds upon which were impressed the obverse and reverse sides of a florin; all feloniously making counterfeit coin; Jackson unlawfully possessing counterfeit coin with intent to utter the same.
Jackson pleaded guilty.
Mr. Pickersgill, M.P., prosecuted.
Divisional Detective-inspector WILLIAM EUSTACE, L Division. On November 28, 1910, at 3 p.m., I entered 10, Rodney Road, Walworth, searched the first-floor back room, and found in the oven four moulds, two for florins dated 1900, one for florins of 1888, and one for sixpences of 1909; on the shelf and mantelpiece 45 finished florins—22 of 1888, and 23 of 1900, ten half-crowns of 1910, 14 unfinished florins of 1900,
17 unfinished shillings of 1909, and 50 unfinished sixpences of 1909; saucepan containing metal on the hob; on the mantelpiece a quantity of molten metal, plaster of paris, silver sand, cyanide of potassium, antimony, copper wire, three files, and two pieces of glass with plaster of paris on them. The coins, etc., were covered over with newspapers. There was at that time no one in the room. At 7 p.m. Jackson entered the house and went into the room, followed five minutes afterwards by Nash and Harrison. I went in with two other officers, and said, "We are police officers. I have searched this room and found four moulds, a number of counterfeit coins and other things used for the manufacture of base coin. Consider yourselves in custody." Neither of the prisoners replied. I then called in Alexander, the landlord of the house, and said, "Do you know these men or either of them?" Pointing to Jackson, he said, "That man on November 24 took the room from me." Jackson said, "Yes, that is right." He then pointed to Nash, and said, "He paid me the rent, 5s." Nash said, "That is right." He pointed to Harrison, and said, "He has been here since Friday." Harrison said, "I have not slept here." I then told them they would be charged with being concerned together. Jackson said, "That's done it; put it all down to me." I took them to Rodney Road Police Station, snowed them all the articles produced, they were charged and made no reply. I found on Harrison a sixpence, and 3(d. bronze; on Nash 2s. silver and 8d. bronze; and on Jackson three counterfeit half-crowns and five penny packets of tobacco.
Cross-examined. Harrison gave his address; the place was searched; nothing incriminating him was found there.
RICHARD ALEXANDER , 10, Rodney Road, Walworth, shoeblack. I let my first-floor back room furnished. On November 24, when it had been unoccupied for two weeks, between 3 and 5 p.m., Harrison came with Jackson, saw the room, and agreed to take it and to pay a week's rent, 5s., as deposit. Harrison paid me 3s. They said they wanted to come in at once, and went to fetch their traps, clothing, etc. About an hour afterwards I heard them enter and go into the room. The next day Harrison paid me the remaining 2s. of the deposit. On November 25 I called Harrison into my kitchen and said, "I let the room to you and Jackson and I find there is another man sleeping there, but it is big enough for two and I have no objection." Jackson came down and said, "It is a poor fellow who is lodging out and I fetched him home." I said I had no objection. No coining implements were in the room when I let it. Between November 24 and November 27 Nash was in and out every hour or two—he generally carried a rush basket.
Cross-examined. Nash was not away from the house between 11 a.m. and 12 p.m. (To Harrison.) I showed and let the room myself. You told me the room was for your brother-in-law, Jackson.
CATHERINE PARKINSON , 81, Tabard Street. I have lived with Harrison for seven years; about five months ago I went to live with him at 15, Milcote Street, Blackfriars Road, where Jackson was already living. On one Sunday Jackson showed Harrison and myself a quantity of bad and good money mixed together.
Cross-examined. When Jackson showed us the money Harrison was lying on the bed drunk.
JAMES NASH (prisoner, on oath). On November 25, at 1 a.m., I was standing at a coffee stall by the Elephant and Castle, having just walked from Hatfield, when Jackson offered me a cup of coffee and gave me sixpence to get a lodging. I asked him if he could give me a shirt and he told me to meet him the same day at 3 p.m., which I did, when he took me to 10, Rodney Road, and said I could sleep there until I got work. I slept there on Friday, Saturday, and Sunday nights. I gave Inspector Eustace two addresses where I have worked. (On being informed by the Judge that the whole of his character must be given by Inspector Eustace, prisoner said he did not wish to recall him.)
ALFRED HARRISON (prisoner, on oath). Five months ago I made the acquaintance of Jackson by going to live at 15, Milcote Street, where he was living at the time. Some time after he left, and I met him afterwards about three or four times. On November 24 I met him in Great Dover Street, had a drink with him, and he asked me if I could get him a room. We saw in a shop the advertisement of a room at 10, Rodney Road, went to see it and, as he found it satisfactory, it was taken—he asked me to pay the deposit as he was short. I did so and left him. On November 28 I arrived home at 5, Bland Street, when Jackson called and asked would I go out for a walk. I agreed; we had a drink in a public-house where we met Nash. Jackson asked us to go home with him. Directly we got upstairs we were arrested for being in possession of these things, which I have never seen before. Verdict (Nash and Harrison), Guilty.
Jackson confessed to having been convicted at this Court on, September 12, 1905, receiving five 'years' penal servitude for possession of a mould; six summary convictions commencing in 1891 were proved. Against Nash five summary convictions were proved. Harrison, on August 18, 1906, at Westminster, received six weeks' hard labour for dog stealing.
Sentences: Jackson, Seven years' penal servitude; Nash, five years' penal servitude; Harrison, four years' penal servitude.
Prisoner was convicted on April 11, 1910, at Lambeth, receiving six weeks' hard labour for stealing money and jewellery.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Wednesday, January 11.)
Mr. Beaufoi Moore prosecuted.
Prisoner pleaded not guilty of attempting to murder; guilty of wounding with intent to do grievous bodily harm. Mr. Moore was prepared to accept this plea, but Mr. Justice Grantham, after referring to the depositions, decided that prisoner should be tried on the more serious charge.
MART WARD . I am a married woman, separated from my husband. I lived with prisoner for 15 months up to last June. In November I decided that I would return to my husband. I left prisoner because he got lazy and would not work, and threatened to cut my throat. After I left him he frequently asked me to go back, and I refused. On December 10, about 6.30, I was going to my work, when I met prisoner at College Wharf, Greenwich. He said, "Is it right that you are going back to your husband?" I said, "Yes "; he said, "You will never live to go back with him; I would sooner kill you," and he struck me. I went to run away; prisoner followed and caught me; he pulled something bright out of his pocket and drew it across my throat. I was afterwards taken to the hospital.
To the Court (upon questions suggested by a statement handed up by prisoner). I am 33 years old; I thought prisoner was 27. It is not true that when I was living with prisoner I was walking out with other men. Prisoner has knocked me about.
WALTER DYER (a boy of 16). On December 10, about 6.30 a.m., I was near College Wharf when I heard screams. I saw prisoner and Mrs. Ward on the ground; he on top of her. He got up and walked away and I helped the woman; her face was bleeding.
Detective-inspector ERNEST BAXTER, R Division. On December 10, about 11.30 a.m., I saw prisoner in Church Street. I said, "I believe your name is Simmonds." He at once said, "I know what you want me for." I said, "I have not yet told you what the charge is; it is a serious one, of attempting to murder a woman named Ward," and I cautioned him. He said, "She is the only woman I have had anything to do with; I have given her all the money I have earned; I don't know what she done with it; I have lived with her and she has had a baby; I found out that her husband visited her last night." I took him to the station and told him he would be detained as the woman was severely cut; he replied, "I did not mean to do that." I asked him where the knife was; he said it was at home on the table. There were marks of blood on prisoner's coat.
Sergeant BEEVISH said that he went to prisoner's address and found three knives. On these being shown to prisoner he picked out one" and said, "This is the one I did it with; this is the one I sharpened."
Dr. M. BARKER, who attended prosecutrix at the Seaman's Hospital,
Greenwich, described her injuries. She had two cuts on the left cheek, about 2 1/2 inches long; a deeper cut on the right cheek, to the bone; cuts on the fingers; a bruise on the chin, probably from a blow with the fist; and minor injuries. The knife produced could have caused the cuts; considerable force would be required. The wounds were not actually dangerous to life.
Called upon for his defence, prisoner asked that his statement should be read. It was a long account of his relations with the woman; he declared that she had led him astray and was altogether a bad woman, although he was infatuated with her. On the day in question he asked her whether she Intended to go back with her husband, and she said yes. He (prisoner) had with him a knife that he had taken overnight from home, with which he intended to do her some harm. He hit her and she fell, but she was not unconscious, for she got up and said, "Arthur, you are doing this for nothing." He remembered no more.
Verdict, Guilty of attempted murder.
Sentence, Five years' penal servitude.
Mr. Graham-Campbell prosecuted; Mr. A. S. Carr defended, at the request of the Court.
BABS MILLAR . I live at 81, Tabard Street, Borough; I was formerly a music-hall artiste; I have known prisoner nearly a month. Just after midnight on November 30 I took a gentleman friend home with me; he stayed about 20 minutes. Shortly after he left prisoner knocked at my door and Ilet him in. He commenced urging me (as he had done before) to marry him, and I refused. He said that if I did not he would take care that Harold (a young fellow I had been writing to) should not. I said that Harold had been a good friend to me and that I should not break with him. Prisoner kept arguing and I dozed off to sleep. I woke up with a start and found that prisoner had hold of me, with a razor in his right hand. I got hold of the razor and managed to throw it away. He begged for the razor back again so that he might finish it. Later he tore up some linen and put it round my neck to stanch the bleeding. I remember no more until I woke at 7.30 in the morning, when the postman came and prisoner answered the door. He then sent a woman upstairs (Mrs. Ramswell) to fetch some brandy for me. He said to her, "Look what I have done to Babs." She said, "What have you done it for?" He said, "I am sorry now, but she aggravated me." I was taken to the hospital. I identify the razor produced.
Cross-examined. My injuries were not serious; I did not intend to go to the hospital, nor did I intend to charge prisoner; I had forgiven him soon after he did it. I had been to several public-houses on the day in question. I cannot tell exactly what time it was when prisoner wounded me; it is a lie to suggest that it was done about six in the morning; it was done about half-past one or twenty to two. After the people came in in the morning prisoner did say that he was
going to give himself up, and I said to him, "Don't leave me; I don't think it is much." It was a big surprise to me when he was charged at the police court.
Mrs. EMILY RAMSWELL. On the morning of December 1 prisoner called me downstairs and said, "Don't tell anybody—I have cut her throat." I saw Millar in bed with her throat bleeding. I asked him, "What have you done it for?" He said, "She made me wild, but I am sorry I done it." He said he was going to give himself up; I advised him to go for a doctor; he went out and I did not see him again.
Mrs. GARDNER. I went downstairs with last witness (my daughter) and saw prisoner. He said, "Well, mother, I have been and cut Bab's throat, but I have done it in a hasty temper." The razor (produced) I found in a bucket in the bedroom.
ALFRED ALEXANDER , son of last witness, said that on the night of November 30, when Millar brought a man home, prisoner told witness that he was "going to have every farthing in her purse, and cut her throat, and hop off out of it."
Cross-examined. This was said in the presence of my mother and my eldest brother; mother was deaf and could not hear; my brother is not here. I am now in custody on a charge of theft. I helped the police to find prisoner and arrest him.
Detective-inspector FRANCIS CARLIN, M Division. On December 7 I saw prisoner in Vauxhall. I said, "I shall arrest you for attempting to murder Babs Millar by cutting her throat with, a razor at 81, Tabard Street on the 1st inst." He replied, "Yes, sir; that is quite right." Later he said, "She took the razor from me and threw it in a bucket. She wanted me to live on her earnings, but I preferred to work. I was worried before I did it." When charged he made no reply.
Detective WALTER CRONK, M Division, said that at the police station prisoner said to him, "How is she going on; is she going on all right? It was a foolish act; I was in a fit of temper."
Cross-examined. Prisoner has served 12 years in the Army and has a very good character indeed.
REGINALDC. H. FRANCIS , house surgeon at Guy's Hospital. Millar was brought in just before 11 a.m. on December 1. She was in a state of exhaustion and suffering from shock. There was a wound in the throat 3 1/4 inches long, deep enough to cut the edge of the deep muscle, and dividing the external jugular vein. It was a serious wound; it might have been caused by the razor produced; considerable force would be required.
Cross-examined. The wound must have been inflicted at least five or six hours before I saw the woman.
character; since then I have been working for the Post Office. On November 30 Millar and I were out drinking the whole day. I went to her room about two in the morning; there was some whisky which had been left by the man she had brought in; we both had some. I went to bed in my underclothing and fell off to sleep. I woke between six and seven and started to shave. Millar asked me why I wanted to get up so early and started nagging. I went over to the bed to tell her to shut her mouth and, before I realised what I had done, I saw blood on her throat. I at once tore up some clothing and made a bandage. I told her I would go away and give myself up; she said, "I don't think it is much." Before I left the house she knelt up in the bed and asked me to kiss her. I never made to Alexander the statement he has sworn to; he is telling falsehoods.
Cross-examined. Millar had told me that she had brothers in Bedfordshire and that if she could produce her marriage lines the chap who married her would be well set up. I might have said something on this night about not letting Harold or any other man marry her.
Verdict, Guilty of unlawful wounding, with a recommendation to mercy.
Sentence, 12 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, January 11.)
SIMPSON, George (26, labourer), and MARSHALL, Robert (24, labourer), pleaded guilty of breaking and entering a certain school at Reed worth Street, Lambeth, and stealing therein one chess-board and other articles, the goods of the Rev. W. Yorke Batley, and of breaking and entering St. Philip's Church, Reedworth Street, with intent to steal therein.
Simpson confessed to a previous conviction of felony at the Guildhall, Rochester, on October 7, 1907, in the name of Richard East. Other convictions were proved against him, for one of which he received a sentence of three years' penal servitude. Nothing was known of Marshall, who refused to give any account of himself.
Sentences, Simpson 18 months' hard labour; Marshall 6 months' hard labour.
Prisoner confessed to a conviction of felony at the Sessions House, Clerkenwell, on May 28, 1907, and other convictions were proved against him.
Sentence, 18 months' hard labour.
On prisoner withdrawing all the statements she had made and expressing her regret she was released on her own recognisances in £150 to come up for judgment if called upon.
GUNN, James, otherwise ROSS (36, journalist), pleaded guilty of obtaining by false pretences from Ernest George Edmunds 7s. 6d., from S idney Bechine Smith £1, from Ludlow Hewitt 10s., and from Harry Harding £3, in each case with intent to defraud.
Prisoner confessed to a conviction at this court on November 19, of obtaining property by false pretences, when he received a sentence of five years' penal servitude and three years' police super-vision, of which he had still one year and 197 days to serve. Two further convictions were proved against him. It was asked by the Portsmouth police that an offence, of this character at Portsea should be taken into account, but this the Recorder said he could not do.
Sentence, 18 months' hard labour.
Sentence, Two days' imprisonment.
Mr. Forster Boulton prosecuted; Mr. Negus defended.
EDWARD WHITE BRUCE , clerk, Secretary's Office, G.P.O. In consequence of receiving a report from Mr. Pickering, the clerk to the Asylums Committee, on December 14 I saw prisoner at the General Post Office, where she had been asked to attend. I told her I belonged to the Investigation Branch of the General Post Office; that I was making inquiries with regard to certain savings bank transactions and wanted to ask her some questions about them, but before she said anything I must caution her that she was not bound to answer any question whatever, but, any answer she made would be taken down in writing and might be used as evidence against her in a court of law if the Postmaster-General should so direct. She said she understood. I showed her this deposit book (Exhibit 4) and these receipts for five withdrawals (Exhibits 2 and 3), saying that they had been made from the account of Mary Ann Haines, who was believed to be a lunatic and that it had been reported to me she had made them. I took all her statements down in writing. She said, "I did make the withdrawals." I then showed her the declaration form (Exhibit 1) and asked her whether she signed it, "M. A. Haines," and she said, "Yes." In explanation she said, "When my sister was taken away she told me that the money in her account would come to me and my brother if anything happened to her." I said, "Were any inquiries made at the time she was taken away by the Guardians about your sister having any money belonging to her," and she said, "They did, but I told them she had not any money, although I knew that she
had and I had the deposit book in my possession." I said, "Have you any authority from your sister to withdraw money from her account?" and she said, "No." I said, "Have you ever told your sister that you had withdrawn money from her account?" and she said, "I have told her on one or two occasions and she raised no objection." I have seen the sister and she has very lucid intervals; she is suffering from senile decay. I embodied the replies she made in the form of a statement. I read it over to her and asked her if it was correct and she said, "Yes." I said, "Are you willing to sign it?" and she said "Yes," and did so. I remember that I asked her when she told her sister that she had withdrawn money and she said, "Not until after she was transferred to Epsom," which was in 1899. I said, "Did you ever have authority from your sister to withdraw money from her account?" and she said, "No, I have never told her before I have made a withdrawal"; and that she had mentioned the matter to her once or twice after she had done so and that she (the sister) was pleased to hear it. I said, "Do you think your sister would be pleased to hear that you have withdrawn £162 from her account?" and she said, "No, I do not think she would." That is all I can remember. She also said that she knew she had done wrong and that she had no right to withdraw the money and to sign her sister's name. Later on the same day I gave her into custody.
Cross-examined. I did not before she made the statement suggest that there would be trouble or that proceedings would be taken against her. She answered perfectly freely and voluntarily. This is the statement which I wrote. (No objection having been raised the statement, which contained in substance what the witness had related, was read.)
ERNEST SIDNEY OLDMAN , Relieving Officer. On April 13, 1892, prisoner's sister, Mary Anne Haines, was admitted to the Grove Hill Asylum as a pauper patient from the workhouse, where she had been for a short time. She was 47 years old and had been certified insane. She with the other inmates were maintained by the Guardians. On September 5, 1899, she was transferred to London County Asylum, Epsom, where she is now. There is no record of any payment ever having been made for her maintenance by herself or her family. She is still chargeable.
WILLIAM FREDERICK PICKERING , clerk, London County Council Asylums Committee. Acting under instructions on November 29, last year, I saw prisoner at her house, told her who I was, and that I had come to ask her whether her sister had any means, she having been chargeable to the Guardians since 1892. She asked me whom I came from and why I asked the question. I repeated the question, and she said, "Yes." I asked her how much her sister had when she was first certified and she said, "£170," and I then asked how much she had now and she said, "£120." On my request she handed me the pass-book. She said she had £39 left of the £50 which she had withdrawn in May and handed it to me. I handed it to the accounting officer of the L.C.C. I communicated with the police.
ELSIE MARY GORRUM , assistant, Manor Park Road Post Office, Lee. I recognise prisoner as the woman who came into the post office on May 21 with this withdrawal form (Exhibit 3). She signed it "Mary Anne Haines" and I handed her £50. I entered the payment into this deposit book (Exhibit 4), she having produced it to me. I stamped it and returned it to her.
Detective ALFRED ALEXANDER, A Division. I took prisoner into custody. When charged she made no reply. I was present when her statement was taken by Mr. Bruce and read over to her. It is correct.
ALBERT CHRISTIE , clerk, Savings Bank Department, G.P.O. I produce an extract from the official register of the Savings Bank account of Mary Ann Haines. It Shows a withdrawal of £50 on May 21 last. £162 has been withdrawn since April 1892.
(Thursday, January 12.)
Verdict, Not guilty. On an indictment charging prisoner with obtaining £50 from His Majesty's Postmaster-General by false pretences with intent to defraud no evidence was offered, and a formal verdict of Not guilty was returned. (See next case.)
Mr. Forster Boulton prosecuted.
In view of the fact that Wilton, who was prisoner's sister and from whom he had received the sum mentioned in the indictment, had been acquitted, no evidence was offered against him and a formal verdict was returned of Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 11.)
INGLETT, otherwise BLACKBURN , John Henry (21, porter) , forging and uttering, knowing the same to be forged, an endorsement on a certain order for the payment of money, to wit, a banker's cheque for £20 11s. 6d., with intent to defraud.
Prisoner pleaded guilty of uttering, which plea was accepted by the prosecution. He confessed to having been convicted at Clerken-well Sessions on December 3, 1907, receiving seven months' hard labour for stealing letters. Five other convictions were proved, including two sentences of 12 months in connection with robberies from letter boxes.
Sentence, Four years' penal servitude.
HARRISON, Arthur (47, surgeon), pleaded guilty of feloniously forging and uttering, well knowing the same to be forged, a certain request for the payment of money, to wit, a banker's cheque for the sum of £5, with intent to defraud; unlawfully attempting to obtain of Leonard Budd by divers false pretences, four bottles of port and other articles, and the sum of £2 in money, the goods of the said Leonard Budd, with intent to defraud; feloniously forging and uttering, well knowing the same to be forged, a certain request for the payment of money, to wit, a banker's cheque for the sum of £3, with intent to defraud; unlawfully obtaining by divers false pretences of and from George Richard Elwin £1 of his money, with intent to defraud; feloniously forging and uttering, knowing the same to be forged, a certain request for the delivery of one cheque book containing 60 cheque forms, with intent to defraud; unlawfully obtaining of and from Charles Edward Streatfield one cheque book containing 60 cheque forms, the goods of Lloyd's Bank, Limited, with intent to defraud.
Prisoner confessed to having been convicted on April 3, 1906, at Winchester, receiving five years' penal servitude for obtaining goods and lodgings by false pretences. Thirteen previous convictions, commencing in 1893, were proved, including sentences of 12, 18, and 24 months' hard labour for larceny and fraud.
Prisoner was stated to have no qualification as a surgeon and to have led a life of systematic fraud.
While addressing the Court in mitigation of sentence, prisoner, whose heart is diseased, fell in a fit and was removed from the dock.
Sentence postponed to next sessions.
Sentence, Six months' hard labour.
Prisoner confessed to having been convicted at this Court on March 23, 1909, receiving two years' hard labour for warehouse breaking after four previous convictions for shop and warehouse breaking.
Sentence, 18 months' hard labour.
BANKS, Fred (61, agent), pleaded guilty of attempting to obtain by false pretences from Florence Gallahawk 1s., and from Blanche Carter 4s., in each case with intent to defraud; obtaining by false pretences from Emily Pease 1s., from Martha Page 2s., and from Elizabeth Ellison 5s., in each case with intent to defraud.
Prisoner confessed to having been convicted at Aylesbury on January 3, 1910, receiving 12 months' hard labour for obtaining money by false pretences; four other short sentences were proved.
Sentence, Three years' penal servitude.
Mr. R. Wilkinson prosecuted.
AMELIA DOOLEY , waitress, Aerated Bread Company, 106, Leadenhall Street. On December 19, 1910, at 7 p.m., prisoner asked for a packet of cigarettes, 3d., tendering a half-crown which I found to be bad and broke into two pieces. Miss Daly asked prisoner if he knew it was bad. He said he did not and that he knew where he had got it from—from a bookie. The pieces were returned to him and he left without buying the cigarettes.
LOUISA DOUGLAS , waitress, Aerated Bread Company, 86, Cannon Street. On December 20, 1910, at. 7.30 p.m., prisoner bought at my shop a packet of cigarettes, 3d., tendering a florin, which I tested and bent, and said "Your money is bad." He was detained and given into custody.
GERTRUDE COOPER , counter-hand, Aerated Bread Company, 86, Cannon Street. The last witness showed me a bad florin tendered by the prisoner. I said, "Your money is not good—have you anything else?" He said, "No, nothing but a penny." He was going out when I said, "You must stay here while I send for the manageress." A constable was sent for and he was charged.
Police-constable JOHN CARTER, 119 City. On December 20 I was called to 86, Cannon Street and found prisoner detained. He said, "I have no more on me. When the young lady called me I came back." I took him to the station, he was charged and said, "I did not know it was counterfeit." I asked for his address and he said he lived at a lodging-house and had no fixed home. He was searched and there was found on him a penny and a brass ring.
Convictions proved: February 23, 1910, Thames, three months for larceny; January 21, 1909, fined 20s. or one day for unlawful possession.
Sentence, Six months' hard labour.
On January 12 prisoner stated that since pleading guilty yesterday, evidence which he then lacked had now come into his possession and that he now pleaded not guilty. Mr. Bodkin stated that the prosecution would, in that case, give the prisoner notice of further evidence. The case was put back to next sessions.
Prisoner applied to have his bail, which had been fixed at £150, reduced. The Common Serjeant stated that the prisoner having pleaded guilty and then withdrawn his plea, he certainly should not reduce the bail, but would permit prisoner to be released on the bail already fixed.
Prisoner confessed to having been convicted on August 11, 1908, at Newington Sessions, receiving three years' penal servitude and two years' police supervision, eight sentences for felony and 20 summary convictions for assault, etc., were proved. He stated that on this occasion he was starving, and broke the window of the shop without intention to steal.
Sentence, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 11.)
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
MILLET, Percy (18. gate maker) and KNIGHT, Henry (29, wood-carver), pleaded guilty of breaking and entering the warehouse of John Bennett with intent to steal therein. Previous convictions were proved.
Sentences, Knight, 12 months' hard labour; Millet, 18 months under Borstal system.
Sentence, Three months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(January 11, 12, and 13.)
STEELE, Alfred (40, contractor) , feloniously stealing 19 horses, the goods of Gustave Deri, being entrusted by Gustave Deri with certain property, to wit, 19 horses for a certain purpose, and having received the said property for and on account of the said Gustave Deri, unlawfully did fraudulently convert the said property and the proceeds thereof to his own use and benefit.
Mr. Curtis-Bennett prosecuted; Mr. Purcell and Mr. Fox-Davies defended.
GUSTAVE DERI , horse dealer, St. Denis. Westerham, Belgium. I have known prisoner three or four years. I first met him at Leach's. Our transactions were these: Prisoner used to ship horses to me; I sold them and sent him the money at once. He always did business in
the name of Pawsey. All I knew of Pawsey was that he was connected with Steele. I never knew Steele's address. The transactions I had with Steele through Pawsey were all paid for at the time On September 13 last I attended a sale of horses at Ward's Repository, Edgware Road. I had £130 or £140 with me. I bought 14 horses and paid for them. I had left then a little more than £50. I then bid for seven more. Prisoner was there. I told him I had not got any more money to buy more horses. He said, "It does not matter, you can buy what you like, I have a big cheque book." I accepted that offer. one both had catalogues. Steele bid for 11 more for me. He then had my catalogue. I do not know the numbers of the lots he bid for. The 11 horses were knocked down to Steele. After that he called me out to buy another horse from a friend of his for £10. Then we went to a coffee shop to have a reckoning. I asked Steele for my catalogue so that I could make up my account. He said he had loot it. He said, "I have another catalogue here with the amounts on." On my catalogue which Steele said he had lost the prices were marked of the horses I had bought and those that Steele had bought for me. We made up the accounts in the coffee shop. This catalogue (produced) is Steele's. The numbers and prices are in his writing. The amount prisoner had paid for the horses was about £140. The amount was put on the catalogue. I paid him £48 17s. and had to send a cheque for £118. The figures "£166 17s." are in my writing. Having paid Steele £48 17s. he had to see the horses were taken to the boat. I had to pay all other expenses. The words, "I am indebted to Steels £118" are in my writing. Steele said, "You can send me a cheque for £118." I returned to Belgium and notified Messrs. Leach that they had to pay £118 for me. That would be paid in the ordinrary way to Pawsey. I owed Pawsey nothing at that time. 'I met the boat by which the horses should have arrived; there was nothing there. I telegraphed Leach's not to pay the money. That was too late. I came to England on September 16 to find Steele. I went to the police. On September 19 I went with a detective and my landlady, Madame Godin, to the Elephant and Cattle Repository. I saw prisoner there. I said to him, "Did you receive my cheque for £118?" He said, "Yes." I asked him the question in a mixture of Flemish and English. Steele understood the question. I then said, "Where are my horses?" He said, "They were my horse; I have sold them." Then somebody called him outside. I do not remember if anything else was said at that time about the cheque and the horses. I saw him again on the same day and asked him to give me my money back. He said, "Come to-morrow at three o'clock to the Edgware Road Repository." I went there. Prisoner did not come. I saw him three or four days afterwards at the Elephant and Castle Repository. I said to him, "At all events you might give me the £48 17s. on account." I have not received a cent back, or the 19 horses.
Cross-examined. I do not know if my transactions with prisoner in the three or four years' dealings have amounted to £12,000. I did not reckon it. As soon as horses arrived he received his money. I am a sausage maker. I simply sold horses for Steele. It was not his
horses that I made into sausage. That business is independent of Steele. In my conversations with Steele I spoke broken English, the best way I could. I do not know that people have been stopped and sent to prison for cruelty in taking the horses through the streets to the boats. That is not my business. I had Steele's address once, but not the same place where he is living. I slept there once. I keep no books. I know Pawsey. I have not asked him to come as a witness. I did not see him outside Marylebone Police Court or ask him to go to my solicitor to say that Steele had the money. He did not say, "Steele never had the money, so how can I come to say that." I did not say to him, "I shall have no more business with you, as you will not be my witness." I did not buy horses from a man on September 13 for £59 and want to pay him in notes. He did not say he would not take notes and I did not give the notes to Steele and Steele did not give me cash. I do not know that Pawsey bought horses amounting to £45 for me before the 14th from a Mr. Penny and sent them over to me. I do not know that he bought one for £14 from Jones. Pawsey did not ask for a cheque for £118 to pay those amounts. I never really spoke with Pawsey, I used to do my business with Steele. I did not leave my bag at Pawsey's and did not ask him to meet me with the bag at Charing Cross on September 13. Leach's did not report to me that they were asked for a cheque for £200. When I went to meet the ship at Ostend I found 14 horses for me from another man; no others.
JOHN SPRAGUE , manager, Ward's Repository, proved the prices paid for the horses bought by both prosecutor and prisoner, which com-pared with the prices charged to prosecutor, showed that prisoner had overcharged about 10s. in the case of each horse.
SYDNEY HERBEBT SMYTHE , clerk to Leach and Co., Tooley Street. There is no entry in our books of a shipment of 19 horses on September 13 or 14 consigned to prosecutor. On September 15 prosecutor instructed us to pay a cheque for £118 to Pawsey. Pawsey called on the Thursday; I am not sure of the date. I gave him the cheque. I have never paid a cheque on the orders of prosecutor to Steele. When we have instructions to pay cheques we ask the payee what amount he expects.
Cross-examined. When Pawsey called on the 15th he said he expected a cheque for £200. I told him the cheque I had was £118. The shipments from Steele to Deri would average about 50 horses a week. I did not inform Deri or anybody that Pawsey had asked for £200.
Detective GEORGE YANDELL, M Division. On the morning of September 19 prosecutor came to Paddington Green Police Station. As the result of a statement he made I made inquiries and traced prisoner to the Elephant and Castle Repository. Mr. Deri had a conversation with him there in broken English. Deri spoke first. He said, "How do you do, Mr. Steele? Where are my horses?" Prisoner said, "I have sold them." He turned to go away, when prosecutor said, "I paid you £48 17s." Prisoner said, "Yes." Prosecutor said to prisoner, "You got my cheque for £118." Prisoner replied, "Yes." He then walked away.
Inspector THOMAS TATTENDEN. On September 27, at 4 p.m., I saw prisoner detained at Paddington Green Police Station. I told him what the charge was and read the warrant. He said, "I was not entrusted with any horses by him; what horses I had I paid for; he owes me up to £200 for commission and shipment. I buy the horses and am done with them. I am not going to run the risk of doing three months for dragging the old knackers through the street. I have only had £3 commission on the whole year's work on £600 worth of horses." He made no reply to the charge.
ALFRED STEELE (prisoner, on oath). I live at 19, Whittington Road, Peckham. I have been doing business with prosecutor about three years. I suppose 4,000 horses, representing about £20,000, have passed. If I sent him £100 worth of horses he would take 2s. 6d. out for each one for insurance in the first place. He would sell to the value of £100 and take the rest home to kill and make sausages of, and at the end of the season we would share profits. I telegraphed him each time what the horses cost and sent him the catalogue by post. There was no difficulty in getting my share last year, but I could not get anything from him this year. He brought me a cheque for £200 on the London County and Westminster Bank, Lothbury, but they would not pay the cheque and he had to take it to Leach's. I saw him at Ward's Repository on September 13. He told me he had bought 14 horses and gave me the order, asking would I send them to my stable. I said, "If you have bought them you must deal with them yourself. What I buy myself I will deal with, but I do not want to buy any. I want to be finished with this transaction; I want you to settle with me; I want to give it up." Deri said, "Yes, if you give it up with me you will bring your horses to Belgium and see for yourself and take my customers." I said, "I do not want to do that." There had been complaints about the horses going through the streets and everybody has been against me for being mixed up with it. I asked him for £200 for commission. He said, "I have a cheque in my pocket; I will see you presently; I have bought seven horses and have no money to pay for them." I said, "I do not want anything to do with them." He said, "Be friends and I will see it is all right; pay for them and buy me some more." He persuaded me and I bought 11, I think, and he bought seven. I asked him to pay for those seven. He said he had not got enough, as he had to pay somebody he had bought off outside. I paid for the 18 (catalogue handed to witness). I do not fancy the two bottom figures are mine—the 10 and the seven—but they may be. I put down exactly what they cost. The reason of the differences of 10s. and 5s. in the prices charged is that those sums are paid in the knock-out. I think there were only four horses knocked out; it might be five. Outside the Repository Deri gave a man for three horses £45 in notes and £3 or £4 in gold. The man would not take the notes. Mr. Taylor agreed to change them for him. Deri said, "No, Steele shall change them."
I went to the coffee shop and gave the man £45 for the notes. I paid them into Ward's Repository. Taylor was present when I paid the £45 in gold He was waiting for us to buy a horse off him for £10. I do not know whether we bought the horse for £10 then or after, but I bought it in the presence of Deri and Taylor was present at the other transaction. They left me then to go to Ward's to pay for the horses purchased. I think I gave the orders to my man to take them home and we went to the coffee shop. He said to me, "I have a cheque here for £200"; it was on the London County and Westminster Bank, Lothbury. I saw "Lothbury" was struck out and "Antwerp" put in ink. He said, "I have been to the bank to get the money, the 'Antwerp' is not initialled and they won't pay it, but I will send the money to Leach's to-morrow morning, £200, the first thing." I was in the habit of receiving the money through Pawsey. I saw him to the Edgware Road Station. He said he (Pawsey) was going to meet him at Charing Cross Station with a box. Pawsey came to my stable next morning. I said, "I do not like the way Deri left me last night; he said he would wire the money to Leach's; I shall not put any more on the boat unless the £200 comes—you will not put them on board till you get the money." He went to Leach's on the Wednesday, not the Thursday, for the £200 on my instructions. He came back to me and I believe we let the horses go to the wharf and Mr. Leach wired and held the boat back an hour. If the money had come I should have sent the horses. There was no reply to the cable, the boat went without the horses and we sold them. I had no part of the proceeds of the £118 cheque which Pawsey had from Leach's. I saw Deri next Monday at the Elephant and Castle Repository. He was rather agitated. He said, "You sent me no horses." I said, "You sent me no money." He said, "I have always sent your money to Pawsey." I said, "You have not settled up for the last eight months' horses for sausages." He said, "That will be all right, I will pay you; give me the 19 horses and I will pay you." I stayed with him at the Elephant and bid for one or two horses for him and booked them to him. He went away. I saw him again on the Tuesday and Thursday. I saw him again a week or 10 days after. He still kept asking would I do any more business. I said no, I was done. He said he would have his own way and "If you do not find me those horses I shall lock you up." I said, "If you do, you do; I shall not do any more business wish you"; and that is how we left it. I did not see him again until I was arrested. Detective-sergeant Bissell arrested me at the Barbican Repository. He was not called before the magistrate. He said, "I have a warrant for you." I said, "I do not think you have. He said, "Yes, we have, over some horse foreigner." I said, "If you are not in a hurry I have a little business to do for half-an-hour." He said, "I am not in a hurry." Later Detective Yandell met me at Barbican and asked me did I know Steele? I said yes, I was the man. I said, "I think you have acted fair with me to let me go away for half-an-hour." Yandell did not know Bissell or me. I introduced him to Bissell. Inspector Tattenden has correctly given what I said to him. There is one mistake: he said 600 horses instead of 6,000.
Cross-examined. I understood what prosecutor said in our numerous conversations. I was represented by my solicitor at the police-court. I do not know that he said anything about a partnership between Deri and myself. We are not partners, only we shared the commission on my horses, not his. I should not expect to be a partner in what he bought. In previous years matters have been settled up between us at the end of the year. For 1909 I received £160 in notes. I am wanting a settlement for 1910. Yandell and Deri are mistaken as to what I said at the Elephant and Castle. I said I had received his money regularly. Nothing was mentioned about £118. The £200 he was to send by telegram on Thursday morning was to square up last year"s accounts. I had an hour and a half's conversation with Detective Yandell in Barbican. Mr. Bissell was with us and had lunch with us. I left him in the Manchester Hotel while I went home. I came back to him. This was the day I was charged. I asked Deri to meet me at Ward"s at three o"clock on the 20th. I did not say I would meet him there because I had not the money on me. I had some other business and could not go. When I saw Deri at the Elephant and Castle I did not know he was making inquiries about the horses or the money. Deri and a woman came there; they were very drunk. Pawsey"s address is 16, Whittington Road, Peckham. Mine is No. 19. I do not think Pawsey knows a 9 from a 6. I do not know that he gave my address as his.
HENRY PAWSEY , 16, Whittington Road, Peckham, horse dealer. I have had dealings with Mr. Deri on my own account. He has paid me 2s. 6d. a horse for shipping. I have not shared in the profits from the sausages or from the sale of the horses. On September 13 Mr. Deri came to my house. He asked did I know where Steele was. I said, "No." He said he had a cheque for Steele on a Belgium bank; about £200 he said it was. I saw it. He asked me to go with him to Barbican, but I could not go. I arranged to meet him and take his bag to Charing Cross Station that evening. I asked him when he was going to send my cheque on for £118. He said he would send it as soon as he got back to Belgium. It was for horses I had bought. I owed Mr. Taylor £59, Mr. Penny £45, Mr. Jones £14, I met Mr. Deri with his bag at Charing Cross. He told me he would send the cheque on to Mr. Leach and would send a cheque on to Mr. Steele for £200. My cheque was to be £118. This was Tuesday, 13th. I saw Steele next day. He told me he should not send bis horses unless he got his money. He mentioned £200. I went to Leach's on the Wednesday. I told the clerk I wanted a cheque for £200. He went and saw Mr. Leach, who said it had not come. I asked Mr. Leach to send a cablegram to Belgium to see if the money was coming, because I could not ship my horses unless I got the money. I went again in the afternoon. Mr. Leach said he had no reply. I went again next morning (Thursday). He said he had got a cheque for £118. I drew it and paid it away to the gentlemen I owed the money to. No part of it went to Mr. Steele. (Three receipts identified by witness, £59, £45, and £14.) I afterwards saw Steele and told him his cheque had not come. He said he should not send the horses until he got his money. I was subpœnaed to
attend Marylebone Police Court for the prosecutor. I produce the subpœna. I went to Marylebone on October 5. I saw Deri there outside the court. He asked me to go to his solicitors over the road." Sav Steele had that £118," he said. I said, "I cannot, because he never had any of it." He then said, "I shall do no more business with you."
Cross-examined. I am not horse foreman to Steele. I am a horse dealer and shipper. I do not use his address. I used to live there five or six years ago. (Two letters from witness to Deri addressed from 19, Whittington Road, admitted by witness to be his.) I made a mistake in putting that address on. I have had a lot of letters there. One of the letters was written by my brother-in-law, He must have made a mistake and put 9 instead of six. I swear I had nothing to do with Steele or his business. The last transaction I had with Deri was buying some horses for him in St. Martin's Lane in September. I paid for them in the yard. Mr. Deri paid me for them before he went away. I have had other transactions, which were not settled there and then during the last three years. He used always to owe me money off and on. I have not received cheques in my name for Steele. I received them for myself—well, some portion of them for Steele.
RICHARD TAYLOR , 3, Ilminster Gardens, Clapham, horse dealer. I was at Ward's on September 13 and saw Mr. Deri there. He bought three horses from somebody outside the Repository for about £40 and was tendering notes. The man would not take them. I said, "I will change them for you." Deri said to Steele, "Pay this man gold for the notes." I do not know what became of the notes. I think Steele had them. They went in the coffee shop and Steele changed the notes for gold. Pawsey owed me £59 for eight horses. He paid me on September 15.
Cross-examined. The receipt was written out at the time by my man. I signed it. I told him to write the receipt out. He went away and brought it back with the pen and ink.
GEORGE PENNY , 2, Gorringe Place, New Cross, greengrocer. In July I sold Mr. Pawsey two horses and a cob. He told me they were bought to go abroad. He paid me on July 10, in the coffee-shop near the Elephant and Castle. (Receipt handed to witness.) This is dated September 15; that is the day he paid me. July 15 was when I sold them.
Sentence. Six months' imprisonment, second division.
BEFORE MR. JUSTICE GRANTHAM.
(Thursday, January 12.)
The proceedings (under the Punishment of Incest Act, 1908) were in camera. Prisoner was a gunner in the Royal Field Artillery. The officer commanding the battery to which prisoner was attached was in attendance in order to make a report upon the case to the War Office. His Lordship allowed the officer to be present as a party "interested" in the case.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. H. G. Rooth defended.
Verdict, Not guilty. On an indictment for rape upon A. W. Beeching, no evidence was offered and a verdict of Not guilty was entered.
BEFORE THE RECORDER.
(Thursday, January 12.)
FOX, Charles, otherwise CAMERON, Robert (35, clerk), pleaded guilty of forging on December 15, 1910, a request for the delivery of two watches, with intent to defraud, and of having uttered that forged request knowing it to have been forged; and of a like offence with regard to the delivery of a watch and chain on October 15, 1910. He pleaded not guilty of a like offence on December 14, 1910, with regard to a tea and coffee service and this indictment was not proceeded with.
Prisoner, representing himself to be an agent of Lipton's, Limited, presented to the prosecutors forged orders for the goods, but did not however, succeed in obtaining them. His real name appeared to be Robert Cameron; he had been with Lipton's from October, 1908, to May, 1910, when he was discharged for carelessness.
A director of the company having stated that prisoner was believed to be in possession of two books, one containing 50 and the other 100 order forms, the Recorder postponed sentence till next Sessions to give him an opportunity of returning same.
Mr. J. P. Grain prosecuted.
HENRY FREEMAN , clerk. No. 1 Department, Bartrum, Harvey and Co., 23 and 25, Gresham Street, E.C. On December 22 prisoner came with an order (Exhibit 5) requesting delivery of 6 1/2 yards of blue cloth, as near to pattern as possible, from Curtis and Brooks, 88, Fleet Street, who have a credit account with us. He produced a pattern
and believing that it was a genuine order I cut off the cloth and took it to the entering room, prisoner accompanying me. The clerk there, Jones, entered it up. The cloth was packed and handed to prisoner on his signing the signature book. An invoice was made out and given him.
Cross-examined by prisoner. This invoice, dated December 22 (Exhibit 7) was handed to you.
Police-constable ALFRED EDWARDS, 411 A. On December 22, about 4.15 p.m., I went to Bartrum and Harvey's warehouse, when I saw prisoner at the front door about to go away with this parcel under his arm. The manager, in his presence, said to me, "This man has presented this order for 6 1/2 yards of cloth," and he showed me Exhibit 5. He then said to prisoner, "Are you employed by this firm?" meaning Curtis and Brooks. Prisoner said, "A man asked me to bring the order here, but I do not know him and I cannot describe him." He was given into my custody. At the station on being charged he made no reply, but later he said, "A man promised me sixpence when I brought this cloth back." I know nothing about the invoice.
---- BROOKS, of Curtis and Brooks, tailors, 88, Fleet Street, E.C. We had a credit account with Bartrum and Harvey and it is our custom when we want goods to send a printed order similar to this (Exhibit 8). Exhibit 5 is not one of our orders and is not signed by anybody connected with us. We have never had anything to do with prisoner.
ERNEST MORGAN , clerk, Bartrum and Harvey. On December 17 a man brought me this order (Exhibit 4) and I cut off 3 1/2 yards of cloth to the value of £1 3s. 8d. (Mr. Grain said that prisoner would be identified by other witnesses as the man who had brought the order.) I took the cloth down to the entering room with the man who presented it and left him there.
A. H. JONES (recalled). On December 17 I received from the last witness 3 1/2 yards of cloth. He gave me Exhibit 4. A man came with him; I cannot swear that it was prisoner; I believe him to be the same man who called on the 22nd. I parcelled the cloth and handed it to him. Owing to an error of the junior clerk he was not asked to sign the book. He took the cloth away. (The Recorder stated that he would tell the jury they must disregard the evidence relating to this transaction, prisoner's identity not having been sufficiently established.)
HENRY PHILIP STONEHAM , assistant, Dormeuil Freres, silk merchants, 10 and 11, New Burlington Street, W. About 2.30 p.m. on December 22 prisoner came and presented this order form (Exhibit 3) from Curtis and Brooks, who are occasional customers of ours, for 6 1/2 yards of blue cloth. He had come about two hours before with a similar order except that the goods were asked for at a lower price, 5s. 9d., and I told him that we had nothing that was wanted at that price; the second order is at 6s. 3d. He showed me a pattern and I showed him some cloths. He said one would do and I went with him to the entering room, taking the cloth. I did not go into the room, but I heard the conversation between him and the entering
clerk. The clerk said, "Your firm has no account with us. Have you the money?" He said he had not and the clerk said we would send it on. He then went away. The cloth was sent and returned to us.
---- BROOKS (recalled). Exhibit 3 is not our order and nobody connected with my firm signed it.
THOMAS JONES (prisoner, not on oath). On December 22 I was standing outside "The Old Bell" saloon in Fleet Street, when a man asked me if I wanted to earn a few coppers, and I said "Yes." He then gave me an order to take to Bartrum and Harvey and told me to bring back the cloth. I said, "Will they ask me any questions?" and he said, "No, I do not think so." I took the order, got the cloth, signed for it, and was just leaving when I was arrested. I gave the police a description of the man and I have been told that a man like him used to go frequently to "The Old Bell," but since this has happened he has not been there. It was he who gave me the order for Burlington Street. I could not get the goods at the price and he gave me another order. I thought the orders were genuine. I had only come from Birmingham the previous week.
Verdict, Guilty of uttering.
It was stated that a man answering to the description given by prisoner had ceased going to "The Old Bell" and that inquiries had been made in Birmingham at the places where prisoner stated he had worked, but no trace of him could be found.
Sentence, Nine months' hard labour.
SLOANE, Percy Adolphus (21, clerk), and CROSS, Benjamin (22, porter) , feloniously stealing and receiving a certain postal packet containing a postal order for the payment of 14s. 6d., the property of His Majesty's Postmaster-General.
Sloane pleaded guilty.
Mr. Forster Boulton prosecuted; Mr. Roome defended.
JAMES THOMAS WILLIE , Assistant, investigation Branch, G.P.O. About nine a.m. on December 6 I saw prisoners. outside 49, Hatton Garden. Sloane passed something to Cross, which Cross put in his pocket. At 10 a.m. Sloane came to No. 49 again and tapped at the window. Cross came out and I followed him into the Hatton Garden Post Office. He presented 16 postal orders to the value of £7 13s. 4d. I directed the clerk not to pay the orders and told prisoner who I was and that I should take him to the G.P.O. He said that the orders were not his own property, but had been given to him by someone to cash. He then accompanied me to the G.P.O., where he saw Mr. Hill.
Cross-examined. Cross is employed at No. 49. The post office is almost at the corner, at the Holborn end, and No. 49 is on the other side, farther up towards Clerkenwell. Sloane did not accompany him to the post office.
FRANCIS MURCH HILL , clerk, Secretary's office, G.P.O. About 11 a.m. on December 6 I saw Cross at my office and told him that I was inquiring into the loss of letters addressed to "The Gradual Payment Corporation" and cautioned him in the usual way. I showed him the postal order for 14s. 6d. (Exhibit 1a) with others and he said, "Yes, I
cashed them for this chap—a man named 'Percy.' He works for Lammenberg, of Gamage Building's (the address of the Gradual Payment Corporation). He gave me these to change for him. They were filled in and receipted when the gave them to me. He asked me to change them and he said he would treat me." Later I saw prisoners together. (Mr. Roome objected to evidence being given of any observation made oy Sloane not in Cross's presence but repeated by witness to Cross. The Recorder upheld the objection in view of the possible risk that might be run in admitting the evidence.) Cross said, "I filled in those postal orders. He told me how to spell the names." When Sloane was not present he said, "He (Sloane) gave me no reason for asking me to cash the orders; he simply said he did not like to cash the orders" Before he told me he filled the orders in I asked him for specimens of his writing, which he gave me; I pointed out to him certain similarities between his writing and that on the postal orders, and it was then that he said he had filled them in. I gave him into custody. As far as I can say the 16 postal orders produced were the subject of complaints we had had which led to prisoners being watched.
Detective WILLIAM CECIL ROBERTS, G.P.O. I was present on December 6 at the interview between Mr. Hill and Cross and I took him into custody. He was charged with receiving these 16 postal orders, value £13s. 4d., in course of transmission, well knowing them to have been stolen or unlawfully obtained. He said, "I did not know they were stolen."
Cross-examined. I have made inquiries and find that his character is good. He has been employed for three years by Green Bros., of Hatton Garden, and they have taken him back while he has been on bail. In April last he was awarded £1 for assisting in the capture of a van thief. Some years ago he had 10s. reward for assisting the police in a club raid. Sloane used to deliver parcels at Cross's employers'. premises.
JOSEPH SAVILLE , compositor, 36, Brender Road, Tooting. On December 5 at 1.15 p.m. I posted this letter to the Gradual Payment Corporation, 122, High Holborn, W.C., at the Upper Thames Street post office, enclosing a 14s. 6d. order, which I had purchased the same day. I did not keep the counterfoil and I cannot identify Exhibit 3 as being the order I sent. It was not filled in.
JOSEPH SOLOMONS , apprentice. On December 5 I was sent out by the last witness to buy a postal order for 14s. 6d. I got it from the office in Upper Thames Street and gave it to him. I should not recognise it if I saw it again.
ANNIE MARY MARTIN , clerk in charge, Upper Thames Street Post Office. On December 5 I issued the order (Exhibit 3), I believe to a youth. I issued only one for that amount on that day. It bears the stamp of my and my initials and is dated December 5.
Cross-examined. All I can rely upon is the book.
bicycle that he was getting from us on easy payments. This letter (Exhibit 3) was never received by us.
ELI SLATTER , housekeeper, Gamage Buildings, 118, High Holborn. At 8.30 a.m. on December 6 I took a bundle of letters from inside the lift addressed to the Gradual Payment Corporation, Limited, and put it into their offices. They were tied up tightly with a piece of string. (To the Court.) There are 78 offices in the building. Registered letters and letters too bulky to go into the boxes are, as a rule, left with me, but ordinary letters are delivered direct.
JOSEPH JENNINGS , assistant postman. On this morning I received a parcel of letters from Davies tied up tightly. I put them in the lift and rang the bell for the attendant. He saw the letters and called to me to leave them there.
HAROLD SMITH , lift attendant, Gamage Buildings. I remember Jennings leaving these letters in the lift; I thought at the time they were papers. There were three or four bundles. I left them there for three or four minutes, then I handed them to the housekeeper to deliver. I noticed that the string which tied up the bundle addressed to the Gradual Payment Corporation was rather loose and I pulled it tight. (To the Court.) People walking in from the street could see them where they were in the lift.
PERCY ADOLPHUS SLOANE . I plead guilty to stealing these letters; the bundle of letters was in the lift on the morning of December 6 and I took a few from it. I got 16 postal orders from them. They were blank. I handed them to Cross to cash for me, telling him to fill them in. I do not know in whose handwriting the "H. Smith" upon them 1s. I told them I had got them from a man who had got them from his master. I to give him a quarter of their value. I arranged to give him £2 for cashing these. I did not tell him why I did not change them myself, nor did he ask me. I did not say how I had actually obtained them, because if I had have done so he would have done the same thing as I; he knew they were stolen property.
Cross-examined. He understood perfectly well they were stolen, although I may have told him that this man had "got" them from his master. It was a few weeks before this I arranged with him that I should give him a quarter of what I got. I remember saying to him in the room at the post office before Mr. Hill, "If I got £5 you would have £1," and him saying, "It is untrue; all I have is a drink." £1 is not a quarter of £5; that is a mistake in my calculation. Three or four weeks previous to my arrest I stole a further three or four postal orders from the same place and gave them to him to change; that is the only other time I have stolen them.
Having been employed in the building for some time I knew that the Gradual' Payment Corporation received instalments of money; I was employed by a Mr. Lammenberg in that building an agent.
(Friday, January 13.)
PERCY ADOLPHUS SLOANE (cross-examination continued). The first time I asked Cross to cash postal orders I told him they were for my guv'nor. He asked me what name to put on them, and I said "Smith, or any kind of name." He did not suggest that I should spell it to him as he could not spell it.
Re-examined. The first time this sort of thing happened was several weeks before Christmas. There were about three or four such transactions; there were two between the first one and this one. All the postal orders were stolen in the same way.
BENJAMIN CROSS (prisoner, on oath). I have been for three years porter to Green Brothers, 49, Hatton Garden, W.C. I have never had a charge made against me in my life before. I have been rewarded on two occasions for assisting the police. I first met Sloane by his delivering parcels at my employers. He first asked me to cash postal orders for him last August; I had known him then about two years. He said they were his guv'nor's, that he was very busy and could not leave the office and asked me to cash them; he said he had to go somewhere for his guv'nor. He promised me a drink. I cashed them and gave him the money on his return. He treated me at a saloon in Hatton Garden a few yards away from the post office. He did not explain how it was he had not time to cash them himself. I trusted him. I have cashed postal orders for him a dozen times or more; sometimes two at a time, and sometimes 4, 6, 10, 12, or 16 at a time. He always said he was too busy to change them himself and they were his guv'nor's. He did not tell me they were stolen. I did not become suspicious. After each occasion he always treated me at the same public-house. I never asked for more than that.
Cross-examined. If Sloane came the direct way from his office to mine he would pass the post office. The orders were always blank when given to me; but I did not think that was suspicious. I cannot read and can only write my name. On the first occasion they told me at the post office that it was necessary for the orders to be filled in, and I took them back to Sloane and told him. He then spelt out a name for me to fill in. I did not ask him why he did not do it himself; I always did what he told me. I can write anything that is spelt out to me, and the specimens of my writing I gave the Post Office official were made in that way. I filled in the name of——to whom the order was payable, the name of the person receiving it, and the name of the post office in all these orders. Outside my shop against the wall I would always fill in the first order at his
dictation and then go inside and fill in the rest, copying from the one I had already filled in. I would get the pen and ink from the office.
JOHN HENRY WELLER , manager, Green Brothers, 49, Hatton Garden, W.C. Prisoner has been in our employ three years and we have found him honest, sober, and industrious. Several times a week he has collected small sums and always properly accounted. He was engaged as a light porter to take out goods. He was sufficiently intelligent for our purpose. (To the Court.) He was a poor scholar, but he could read. We still have every confidence in him.
Cross-examined. He had to write receipts for the accounts that he collected.
Verdict (Cross), Guilty with a strong recommendation to mercy on account of mental deficiency. It was stated that Sloane had borne a good character at the three places at which he had been employed for the past nine years.
Sentence, each prisoner, Nine months' hard labour; the Recorder stating that, although he did not agree with it, he had given effect to the jury's recommendation in the case of Cross.
BEFORE THE COMMON SERJEANT. (Thursday, January 12.)
Sentence, One day's imprisonment prisoner being given into her mother's charge.,
STUDDS, Walter John. In this case prisoner was convicted on October 21, 1909 (see Vol. CLI., pp. 824-838) of malicious libel and sentenced to nine months' imprisonment, an order being made that prisoner should pay the costs of prosecution, and that in the first instance they should be paid out of the County fund.
Mr. I. A. Symmons, who appeared for the prosecution, now applied under the Costs in Criminal Cases Act, 1908 (8 Edw. VII., c. 15) that an order should be made for an increased amount of costs beyond the sum allowed by the taxing-master of the Court. Counsel said that the bill of costs presented by the solicitor for the prosecution to the officials of this Court in pursuance of the Common Serjeant's order for the payment of costs amounted to £230. The bill had not been taxed, but an allowance of £33 had been made. The old law was contained in the Act 7 Geo. IV., c. 64, s. 22 and 23, as amended by 14 and 15 Vic., c. 55, s. 2 and 5 (the Criminal Justice Administration Act). Under the old Acts this Court had been in the habit of making only small allowances entirely inadequate to reimburse prosecutors for the costs incurred in con ducting prosecutions. The Recorder had called attention to the dearth of private prosecutions, one reason, for which, counsel suggested, might well be the smallness of the allowances.
The Common Serjeant said he agreed that many cases which came before him, and which ought to have been conducted by solicitors, had been left to be conducted by the police, who were of course not qualified to judge of evidence or to properly prepare a case.
Mr. Symmons submitted that the Act of 1908 not only extended the powers of the Court to order costs for all indictable offences (whereas the old Acts
were limited to particular offences), but also that the words of s. 1, ss. 2, "such sums as... appear to the Court reasonably sufficient to compensate the prosecutor for the expenses properly incurred by him in carrying on the prosecution," gave the Court power to order the payment of any reasonable expenses beyond the amounts payable on the usual scale.
The Common Serjeant pointed out that, while such costs came out of the funds of a particular district, prosecutions at this Court were frequently not in their nature merely local, but dealt with matters affecting the country at large. Therefore in many cases, such as those taken up by the Public Prosecutor, it was reasonable that the costs should not all fall on counties within the jurisdiction of the Court. The case raised an important question of principle.
Mr. Symmons submitted that, while the allocation of the burden of important prosecutions between different districts might well be the subject of legislation, it was no reason for depriving a prosecutor of the costs to which he was entitled under the section.
Later, the Common Sergeant said: I have consulted the Recorder on this question, and he entirely agrees with me that under the first section of the Act of 1908 with regard to costs, the particular Court which tries the case and which has the power to direct the costs of a prosecutor to be paid by the local authority, has power to give special directions with regard to what costs should be paid out of that fund, and, having that power, I am bound, having tried the case, to consider what directions should be given. I have looked through the bill of costs of the prosecution which has been presented in this case, and it is clear to my mind that there is a good deal there which ought not to be paid by the public on taxation; at the same time the amount which at present is allowed by the taxing-master is quite insufficient, and it is a case in which a special order should be made. The libel was one which it was necessary for the prosecutor to bring into Court; the publication which was the specific libel on him was a libel on various public officials, from the judges downwards, and I think it in a case in which a special order should be made. I do not think that an order should be made for costs to be paid by the public, or rather by the funds of the district, without some special circumstances, and I do not think that, as a rule, when cases which affect the public generally are brought before this particular Court (where we try cases affecting much more than this district), an order should be made for anything more to be paid as costs than is allowed by the scale which has been customary in this Court. There being special circumstances in this case I make the order that special costs should be allowed, and I can only do it roughly and by rule of thumb. I am not going absolutely to fix the amount, though the order which I make may have the same effect. I think that the taxing officer should again consider the actual bill which has been presented as the costs of the prosecution, and allow all expenses reasonably incurred in bringing the case properly and thoroughly before this Court, limiting that order to 100 guineas, as being roughly the proportion of the bill which I think might reasonably be allowed. I do not go into the items. I direct the bill to be considered by the taxing-master, and that he may allow all costs reasonably incurred by the prosecutor for the purpose of bringing the case thoroughly before the Court, but the amount allowed is not to exceed 100 guineas. This is a supplementary order—a fresh order in the way of a review of the taxation.
HARVEY, Frederick (27, labourer), FARRELL, Frank (22, labourer), and COOPER, Margaret (27, factory hand) , all robbery with violence upon Marius Borgeau and stealing from him one watch, one chain, and other articles and 4s. or thereabouts, his goods and moneys.
Mr. J. F. Green prosecuted. Mr. Francis Watt defended Harvey; Mr. J. H. B. Fletcher defended Farrell and Cooper.
MARIUS BORGEAU , 64, Belvedere Road, Lambeth, cook. On November 29, at 12.15 a.m., I was in York Road, when Cooper accosted me and asked me to go home with her. I said I had only 2s., which she accepted, and I went with her to 45, Carlisle Buildings, her room being on the fourth floor. I paid her the 2s. and a further sum, when
she left the room. Harvey then came in, putting on his trousers, and asked me to give him 4s. I said, "No money." He gave me a black eye and I began crying. Farrell then entered from another door, Harvey said, "Hands up." Cooper then took out my pocket book, looked inside it and returned it; took my watch and chain and trinkets (produced) and gave them to Farrell. Harvey then gave me a blow in the mouth and took 1s. 4d. or 1s. 6d. in coppers from my trouser pocket. He then put my hat on my head and took me downstairs, telling me, "If you cry I will give you a black eye," and not to speak to the constable. I was frightened and did not go to the police until later in the morning. I then went with the police officer and identified the room.
Cross-examined. When Harvey struck me I did not punch him back—I did not dare, I was a foreigner. (To Mr. Fletcher.) I bought Cooper a penny packet of cigarettes. I spoke to her in English, but I understand very little English.
Detective WALTER GALE, L Division. On November 29 at 11 a.m. I saw prosecutor at Kennington Road Police Station and went with him to 45, Carlisle Buildings, which is the number of a flat on the top floor. I knocked for about 15 minutes, receiving no answer, when I looked through the fanlight and saw Cooper and Farrell crouched behind the door. I knocked again and asked them to open the door, which they did about five minutes afterwards. I then found Cooper and Farrell in the room. Prosecutor said, "Those are two of them that robbed me last night." I told them the charge, and that I should take them into custody. Farrell said, "I do not know the man, I know nothing about the watch. There is another man here; I can prove where I was" Cooper said, "I admit he gave me 2s, and he was here with me." I asked the prosecutor to look in the next room. He did so, and said, "He is in here." Harvey then came out of the adjoining room. I told him the charge. He said, "He has made a mistake, I never saw him." I searched the prisoners but did not find the watch upon them. With assistance I took them to Kennington Road Police Station. I there further searched them, and found on Cooper 13s. 6d., 1s. 4d. on Harvey, and 3d. on Farrell. I then returned to the flat, and after thoroughly searching I found watch, chain, and trinkets (produced) embedded in soot up the back room chimney. I showed watch to the three prisoners; they all denied knowing anything about it.
Cross-examined. The outside door is opened with a key—it is fastened from inside with a latch. Harvey was partly dressed. Both rooms contained a bed.
Statement of Harvey: "I deny all knowledge of the transaction." Farrell: "I should like that lock to be brought up at the trial that they say was locked." Cooper: "All I have got to say is this man gave me his watch and chain and 2s. because he had no money. These two prisoners were not in the house at the time. There was only one street door, key that I carried about with me. They have never had a key since they have been lodging with me."
FREDERICK HARVEY (prisoner, on oath). I lodge at 45, Carlisle Buildings, with Farrell. We pay the rent between us to Cooper. On November 28 I was in the "George" public-house from 8 p.m. till 12.30 and went to the flat at 1 a.m. Farrell was with me. Cooper is Farrell's sister. While we were at the "George" Cooper came and spoke to Farrell. She appeared upset and appeared to have been roughly handled; she had a bruise on the jaw. I never saw the prosecutor, and went to bed with Farrell in the back room. The next morning I did not hear the police knock. I know nothing about the robbery.
FRANK FARRELL (prisoner, on oath). On November 28 I was at the "George" public-house with Harvey until 12.30. About 12.15 Cooper called me out of the public-house and said that a man had given her 2s. and his watch and chain to stop with her that night and there had been a row, and he had come out of the place after knocking her about. Her hair was over her face and down the side of her face there was a red mark. I told her not to take any notice till the next morning. I got home at ten minutes to one. The next I heard of the matter was when the police came.
Cross-examined. I was not shown the watch by the police—I do not remember it. I said I knew nothing about the watch—that was a lie. I said it because the prosecutor accused me of stealing his watch.
MARGARET COOPER (prisoner, on oath). On November 28 I had gone to see my husband about boots for my children when prosecutor followed me and asked me to take him home. He got cigarettes for me at a coffee stall. He said he had only got 2s. I told him that was not enough, and he said, "I will leave my watch and chain with you till I call for it to-morrow." He said it was only worth a few shillings. He afterwards gave me the watch and chain, and I hid it where the officer found it. The prosecutor struck me because I refused to do what he asked me; he left, and I complained to Farrell at the public-house.
Cross-examined. I did not say anything about the watch when charged. I have not told this story before.
Verdict (all), Guilty.
Convictions proved: Harvey, February 9, 1909, County of London Sessions, 18 months, attempted shop breaking; three others for assault and living on prostitution. Farrell and Cooper were stated to have been of good character up to five weeks ago.
Sentences: Harvey, 18 months' hard labour; Farrell, nine months' hard labour: Cooper, six months' hard labour.
HAINES, William (30, labourer), having been entrusted with certain property, to wit, 5s. 6d., the moneys of James Bull, in order that he might pay the same to a certain person, to wit, to the warrant officer of the South-Western Police Court, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. Fleming prosecuted.
JAMES BULL , 55, Khartoum Road, Tooting, carman. Prisoner lived in my house. On December 6, 1910, I gave him 5s. 6d. to pay to the warrant officer at the South-Western Police Court for the maintenance of a boy. He left, returned in the evening and said he had paid it. I asked him for the receipt and he said he had lost it. Having Known the prisoner for a good many years I did not trouble about it. I afterwards found it had not been paid, and spoke to him; he said he had spent the money. I have known him 16 or 17 years and he has repeatedly paid it for me. I believe he has been out of work lately.
Police-constable AMBROSE LETLEY, 830 N. On December 21 I saw prisoner in the street. Prosecutor said, "I want you to arrest this man for stealing 5s. 6d., which I had given him to pay into court for a boy in a reformatory school. Prisoner said, "I have spent the money in going about from place to place. I will pay you if you will wait till I see Maud."
Cross-examined: He did not say, "I have not stolen it—you gave it me," although I stated he did at the police-court.
WILLIAM HAINES (prisoner, on oath). I went to South-Western Police Court, and asked them to give me till the following week to pay, and the officer agreed to do so. I had broken into the money on the road, expecting to go to work three days afterwards, and intended to pay it. I have worked for one firm for eight years. I did not get to work as soon as I expected, and could not make up the money.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 12.)
SMITH, Arthur (34, labourer), and FRANKLIN, William (23, seaman), pleaded guilty of breaking and entering the dwelling-house of Robert James Pruden and stealing therein two jackets and other articles, his goods, and divers brooches and other articles, the goods of Sampson John Ellicott.
Numerous previous convictions were proved.
Sentences: Smith, Four years' penal servitude; Franklin, Three years' penal servitude.
JEFFREY, George (26, labourer), pleaded guilty of burglary in the dwelling-house of Henry Barnes and stealing therein one pair of opera glasses and other articles, his goods, and one overcoat and other articles, the goods of Arthur Davies; burglary in the dwelling-house of Annie Croucher with intent to steal therein; breaking and entering the dwelling-house of Henry John Garthwaite and stealing therein one pencil case and other articles, his goods, and feloniously receiving the same.
Sentence, 18 months' hard labour on each indictment, to run concurrently.
Previous convictions for similar offences were proved.
Sentence, 18 months' hard labour.
Charles Dodd. pleaded guilty.
BENJAMIN LEWIS , manager, Lockwood and Bradley, tailors, 372, Gray's Inn Road, W.C. I locked up the shop on the night of December 21. Everything was secure. At 4.30 a.m. on the 22nd I found the glass panel door broken and eight overcoats missing, value £12.
Police-constable WILFRID MERRILL, 48 G. About 2 a.m. on December 22 I was on duty in Gray's Inn Road. I saw prisoners having an altercation. On approaching them they went on the opposite side of the road. The female prisoner went along by herself with something' over her arm. I thought it strange, as she had nothing over her arm when I first saw them. I afterwards saw male prisoner with a bundle under his arm. I saw a lot of white tickets. I thought they were new articles. I caught hold of him and asked him where he was going. He said he was going home. I took him to the station. On the way he became violent and I whistled for assistance. He threw the coats to the ground. He was carrying five coats and had two on. Female prisoner came to the station herself soon afterwards to ask if her brother had been locked up for drunkenness. I recognised her and told the inspector she was the woman I had previously seen in Gray's Inn Road. She was charged along with male prisoner.
Cross-examined by Sarah Dodd. I did not say I saw you carrying a coat. You were too far away then for me to arrest you. (To the Judge.) A tailor's shop was on my beat, and I thought it strange that she should have an overcoat on her arm. After I got prisoner to the station I went back with the manager to check his goods to see how many were missing.
Police-constable GEORGE ARROW. I saw female prisoner in Gray's Inn Road about 2 a.m. on December 22 carrying a light overcoat on her arm. About half an hour afterwards she came back and went into the police station. She was not carrying anything then. I heard the coats had been stolen and identified her as the woman I had seen just previously carrying the coat. She Was walking in the direction of Vineyard Gardens when I first saw her and coming from that direction afterwards.
Inspector FRANCIS ANDERSON, G Division. About 5 a.m. on December 22 I went to 14, Vineyard Gardens. I found in the top front room the light overcoat (produced) which has been identified as one. of those stolen at the same time. The prisoner and her supposed husband occupy that room.
SARAH DODD (prisoner, not on oath). I was told in Clerkenwell Road that that man was locked up for being drunk. I went to the station to inquire. I had to pass there to go home. The inspector told me he was locked up for stealing overcoats. On going out the inspector called me back and told me the policeman said he saw me carrying a coat and he would have to detain me till the coat was found. I never saw that man after 7 p.m., when I put my children to bed. I did not go home after that.
CHARLES DODD (prisoner, on oath). This woman knew nothing about the robbery. I committed the robbery. I was quarrelling with a woman just beforehand. The woman left me and I went across the road and committed the robbery. I got one of the coats and took it to her place; not finding her there I came out to look for her, and coming by the shop I saw it unprotected and got the remainder. Coming away I was arrested.
Verdict (Sarah Dodd), Guilty of receiving.
Previous convictions were proved against each prisoner.
Sentence (each), Nine months' hard labour.
SAMUELS, David (20, coster), MAGUIRE, William Robert (24, traveller), and HART, Annie (24, housemaid) , robbery with violence upon Ernest Wolf, and stealing from him one watch and chain and other articles, and £3, his goods and money.
Mr. Turrell prosecuted.
Samuels and Maguire pleaded guilty of simple robbery.
The evidence was unreportable.
Verdict (Hart), Guilty.
Sentences: Samuels, 12 months' hard labour (recommended for expulsion under Aliens Act); Maguire, 13 months hard labour; Hart, Four months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, January 13.)
Mr. Graham-Campbell prosecuted; Mr. Macrae Diggle defended.
REBECCA LOWE , 32, Lisbon Street, Blackheath. My house is registered by the London County Council for the reception of infants. In 1906 Violet May Hutchings, then about seven weeks old, was brought to me by the female prisoner, giving the name of Nellie Hutchings. She said she was a servant at Eltham and that the child was illegitimate. She agreed to pay me 5s. a week and the payments were regularly made up to 15 months ago. On August 12, having found out that she was married, and the payments being £5 in arrear, I called on her at 49, Thurston Road, Lewisham. I saw both prisoners Mr.; Harwood had not till then known anything about the child. A fresh arrangement was entered into, and I kept the child till September 6, when I took it back to prisoners; that very morning the child had been seen by a County Council inspector; it was quite all right, fat, plump, and happy, with no sores or bruises; it had never had any illness, except that it was born with a slight cold.
Cross-examined. The female prisoner frequently came to see the child. It was not particularly delicate; although small-boned, it was a strong, healthy child.
Miss ADA BELL, a County Council inspector under the Children Act, 1908. I visited several times the house of last witness and saw this child; it was always very well looked after and in good condition. On September 6 I made an unexpected visit; the child was in a perfect condition of health and quite clean and free from sores or bruises. On December 21 I saw the body at the mortuary; it was in a very bad condition indeed I was surprised to see the sores and bruises.
Mrs. LOUISA MOSS, 49, Thurston Road, Lewisham. Prisoners came to lodge with me in August last. I saw the child Violet on September 7; she was quite healthy and clean, but very, very small. I was ill for some time and did not see the child till the end of October; she then looked very bad and thin; I told female prisoner that I thought the child was ill; she said there was nothing the matter with it. A fortnight before the child died I spoke to the male prisoner and told him I thought it was very, very ill; he said he had already told his wife so, but she did not take any notice.
Cross-examined. Prisoners occupied two rooms, at 4s. 6d. a week; this was paid pretty regularly. I think there was always plenty of food. Mrs. Harwood was confined of another child on September 27. I never saw any unkindness on the part of either prisoner to Violet. Now and again I heard her give a sort of squeal, and on my mentioning it to Mrs. Harwood she said the child had fallen again. I know that Mrs. Harwood once took the child to the hospital and got some medicine for it; she told me that the doctor said there was nothing much the matter with the child, but it must be kept lying down; it
used to tumble about when it tried to walk. The second time the child was due to be taken to the hospital Mrs. Harwood told me she could not take it because she had a bad throat; I am not aware that the real reason was because she had no boots to go in. I never heard the two prisoners quarrelling about this child or anything else. I never saw the child undressed.
ALICE GOLDING , receiving attendant at the Lewisham Infirmary. This child was brought to the infirmary on December 15; she weighed 18 lb.; the normal weight of a female child of that age would be over 30 lb. The child's body was very clean, but it had sores and bruises at various places about the body, head very verminous and sore, hair matted with discharges from sores. It was very thin and emaciated. I asked Mrs. Harwood (who brought the child) what was the cause of the bruising on the side of the face; she said it had been getting much weaker of late and had been falling about.
Cross-examined. Mrs. Harwood seemed very concerned about the, child's condition.
Dr. FREDERICK S. TOOGOOD, Lewisham Infirmary. I saw the child on her admission on December 15. She was in a dying condition. The head was nitty and verminous; there was a large abscess on the fore-head, arising from the irritation of the vermin in the hair; there were discharging ulcers on the face, nose, eyes, and ears; the fingers of the left hand were ulcerated; there was a large bruise on the left temple, another on the right leg, and several bruises and ulcers in other places. The ulcers must have been present more than a fort-night and must have attracted attention and called for medical care. The child died about 20 hours after its admittance. On the postmortem examination the organs were found quite healthy, except that there was a very slight bronchitis. There was an absence of fat in the body, due to insufficient or improper food. The death I attribute to exhaustion from malnutrition; I think the bruising and the ulcers accelerated death.
Cross-examined. The abscess on the scalp was caused by vermin. The ulcers might have originated in small abrasions; there was no disease to account for them; those on the back were really bed sores. With cleanliness the child would never have got into the condition in which it was.
Inspector WILLIAM BROWN, P Division. After the coroner's jury had returned a verdict of manslaughter I told prisoners I should charge them with that offence. The male prisoner said, "I am not the father of the child, but I understand"; the female said, "Yes, I understand."
Cross-examined. Prisoners were not represented at the inquest.
Mr. Diggle submitted that there was no evidence to go to the jury as against the male prisoner. His Lordship agreed, and a verdict of Not guilty was returned.
NELLIE HARWOOD (prisoner, on oath). My husband knew nothing of this child until Mrs. Lowe brought it home on September 6; he then behaved very well about it and agreed that we would keep the child. I was ill six weeks, being confined with another child, and
my husband fell out of work. At the beginning of November the child went to school; after a month she stopped going, as we thought she was not strong enough. About November 17 I took her to Greenwich Hospital; the doctor gave me some medicine for her to last a fortnight and told me to keep her lying down. At that time there were no ulcers or sores on her. After taking the medicine she came out in boils and sores. At the end of the fortnight I could not go to the hospital again, as I had a very bad throat and had no shoes to my feet.
Cross-examined. It was not more than seven or ten days before December 15 that I noticed any ulcers. I thought they were just ordinary sores and would get better with bathing; I bathed them with Condy's crystals and put cold cream and boracic ointment on them. When I washed the child's head I saw no vermin.
ERNEST WILLIAM HARWOOD . I never saw my wife ill-treat this child. At the end of September it began to get ill and I told my wife to take it to the hospital, which she did. When it was time to take the child to the hospital the second time she said she could not go because her boots were bad. I bought her a new pair of boots; she then said she could not go because she had a very bad cold.
Verdict (Nellie Harwood), Not guilty.
On another indictment for neglect (Children Act) no evidence was offered against either prisoner, and a verdict of Not guilty was entered.
Sentence, Five years' penal servitude.
BEFORE THE RECORDER.
(Friday, January 13.)
HUTCHINGS, Thomas (54, coster) , feloniously stealing a gelding, a set of harness, a van, a hogshead of brandy, and a hogshead of whiskey, the property of Louis Frankfeld. (Second count) Receiving the same, well knowing them to have been stolen.
Mr. Arthur May prosecuted; Mr. C. A. H. Black defended.
JOHN SMITH , carman, J. Kohnstamm and Co., 52, Gracechurch Street, E.C. On December 9 I was sent to fetch a hogshead of whiskey and a hogshead of brandy from the Continental Wharf. I collected them and took them in a van to my employers' premises. I went inside, leaving the van unattended outside. This was about 1.10 p.m. On my coming out the van had gone. About 11 p.m. I identified the horse and van at the station but the hogsheads had gone.
Detective-inspector WILLIAM BURNHAM, G Division. On December 19, Sergeant Lang, another officer, and I went to a stable belonging to prisoner at Mount Zion, Sermon Place, Islington, which is a blind
alley and very quiet. We remained there all night, and at 7 a.m. prisoner came to the stable. He was stading outside the door, which was locked, and I said "Is this your stable?" and he said, "Yes." I said, "I am a police officer. I want to see what you have got in there." He said, "Nothing." I told him to unlock the stable and he said, "I have not got the key. Shall I go round home and fetch it?" I said I would send an officer to fetch it and instructed Lang to go. When he was gone prisoner said, "I will tell you what I have got in there. There is two barrels of vinegar in there. About a week ago two men asked me if they might put them in my stable. I said, 'Yes,' gave them the key, and told them it was the last stable on the left round the corner. Shortly after I went towards the stable and met them coming away and they gave me the key." I said, "Do you know who these men are—where they live, or what their names are?" He said, "No, I have never seen them before or since." Lang returned with the key and I unlocked the padlock on the door. There was a longish yard inside. Before we could properly open the door we had to shift a costermonger's cart, which was tipped up against it. There were a lot of apple barrels, on the top of which was the top board of a stall; they surrounded two hogsheads, one on top of the other. I said to prisoner, "Are these the two barrels you speak of?" and he said, "Yes." I said, "These do not contain vinegar." The whiskey barrel had a tap in it. I turned it, put my finger under it, wetted it and smelt it. I said, "This is not vinegar; it is whiskey. Smell it." He said, "I did not know it was whiskey. If I had known it was whiskey we should have had some round home." I said, "These hogsheads have been stolen. I am not satisfied with your explanation and you will be charged with receiving them well knowing them to have been stolen." In two of the empty barrels I found two six-gallon jars, and by the side of the other barrels one four-gallon jar, all containing whiskey. Prisoner was taken to the station and when charged said, "I did not know the whiskey was stolen. About a week ago two men came to me in the 'George,' Liverpool Road, and asked me if they might put two barrels of vinegar in my stable, and I said, 'Yes.' I have not seen them since."
Cross-examined. Prisoner is a costermonger and keeps his barrows and vans at this stable. He has been in the neighbourhood for 20 years. He has a fairly good character. The barrels could be seen when once inside the yard. In order to get into the yard by the back way you have to climb a ten-foot wall. Prisoner does not live there. He sells fruit on his stall.
LOUIS FRANKFELD , of J. Kohnstamm and Co. I have identified the horse and cart and two hogsheads at the station as my property. The hogsheads when full cost between £120 and £130. I should think the horse and van would be worth about £70. Including the whiskey recovered my loss on the hogsheads has been £60 or £70. The whiskey in the jars was the same as that in the cask. About nine or 10 gallons of brandy had been drawn off.
THOMAS HUTCHINGS (prisoner, on oath), costermonger, 4, Parkfield Street, E.c. I have been for 20 years a tenant of this stable and have had a stall in the market 34 years. I stored empty apple barrels which I bought in this yard. I have never been charged before in my life. On a Wednesday evening, early in December, I was in the "George," Liverpool Road, when two men, one of whom I knew as a casual customer at my stall, asked me if they could put two vinegar casks in my stable and I said they could put them in the yard. I told them where it was and gave them the keys. We assist each other in matters like this. I do not charge anything for allowing people to use my stable; they generally give me a drink. On my way to the stable I met them and they returned me the key. I did not see what they put into my stable. I saw the barrels in there the day after and I did not interfere with nor examine them. I then went away, gathering holly for Christmas. I did not see the casks again until the police came. I believed they were casks of vinegar. I did not have any of the whiskey or brandy out of the jars.
Cross-examined. I should think it would require more than two men to put the hogsheads in my yard. They would not take up much room and their request was not any different from the ordinary requests I had to put things there. I had never been asked to take charge of barrels of this size before. I have never seen the men since. They could have got into the back of the yard over a low wall. I thought it funny they did not come back for them. I did not think of the barrels when the police asked me if I had anything in my stable—they had been there a week then. I have not stated before now that I knew one of the men. The jars containing the whiskey do not belong to me. I did not see the tap in the barrel until the inspector came. I saw the men at 8 p.m. in the public-house and saw them again at 8.15 p.m. coming from the stable. I saw no horse and van then. They only had 15 minutes to put the casks in. When I saw the barrels on the following morning one was not on top of the other; they were next to each other. They were in the same position when I saw them the next time, on the Sunday morning. I noticed they were on top of each other when I saw them with the police. The lock to this door is quite an ordinary one.
Re-examined. The wall behind the yard is only five feet high and it is easy to get into the yard.
TIVERTON PREEDY (priest in charge of Mission at White Lion Street, E.C.); CHRISTOPHER GEORGE GIBSON (house agent, member Finsbury Borough Council); and JOHN DEVERILL (insurance broker), gave evidence as to character.
After a short deliberation the jury said they were unable to agree and were accordingly discharged.
Prisoner was again put on trial, on January 16, before Judge Lumley Smith, when the jury returned a verdict of Not guilty.
BEFORE THE COMMON SERJEANT.
(Friday, January 13.)
WILLIAMS, Henry (22, butcher) , burglary in the dwelling-house of George William Bailey and stealing therein one overcoat, divers moneys and other articles, his goods and moneys; burglary in the dwelling-house of Arthur Bell and stealing therein two watches, divers moneys and other articles, his goods and moneys; burglary in the dwelling-house of Herbert Collins and stealing therein one overcoat, divers moneys and other articles, his goods and moneys; breaking and entering the dwelling-house of Robert Whiting and stealing therein two gold brooches and other articles, his goods.
Prisoner pleaded guilty of stealing, not guilty of burglary; his plea was accepted by the prosecution.
Sentence, Nine months' hard labour.
Mr. J. F. Vesey Fitzgerald prosecuted.
CHARLES HENRY RICHARDSON , 4, Arthur Road, Tottenham, bricklayer. I have known prisoner for some time. On January 3 at 1 a.m. I was seated on my bed undoing my boots. Susannah Goodrich whom I live with was in bed. Prisoner burst the door open and came in. I said, "What do you want here?" He said, "I will murder you, you bastard"; he pulled his hand out of his trouser pocket holding up the knife (produced) and struck me under the left arm with it. As he raised his hand I closed with him and struck him. I then felt another stab in my left ear. We rolled on the floor, and I got other wounds on my right side, and on the jaw. I said "Sue, I am stabbed, get the poker." Goodrich then struck prisoner on the head and arm three or four times with the poker, opened the window, and shouted "Murder, police." Marlborough and Louisa Taylor came it. Taylor held prisoner's arm, and Marlborough took the knife out of his hand. Prisoner then rushed down the stairs; I and Marlborough followed him and he was caught getting over the railway fence in Pretoria Road. Others arrived and detained him; Marlborough went for a policeman. Police-constable Odie took him into custody. I did not strike prisoner first.
Cross-examined. I last worked for Leonard and Co. at Totmall Road, Palmer's Green, and finished in September last; since then I have been hawking rabbits at which I make a profit of 8s. or 9s. a day. I had not seen prisoner for seven weeks before the attack, and had had not previous altercation with him. I did not rob him of his knife and money on the night of the assault.
Cross-examined. I am a laundress. I last did work for Mrs. Duchies 12 months ago. Prosecutor pays for my room, and keeps me.
WALTER CHARLES MARLBOROUGH , 7, Arthur Road, Tottenham. On January 3 at about 1 a.m. I was standing at my street door when I saw the prisoner striking matches and looking at the numbers of the doors on the opposite side; he entered No. 4 doorway. I then went inside, when I heard screams of "police" and "murder" by Goodrich whom I saw at her window. I ran into No. 4 followed by Louisa Taylor. Prosecutor called out, "Come, he is murdering me." Prisoner and prosecutor were struggling. Taylor caught hold of prisoner's arms while I took away knife (produced), which I afterwards handed to the police. Prisoner ran downstairs into Pretoria Road and jumped over the railway fence when I caught hold of him. Prosecutor and another man came up and held him while I went for a policeman.
Cross-examined. I did not steal a purse containing nine pawntickets and 1s. 6d. from prisoner. I had not seen him for over three months.
Police-constable ALFRED ODIE, 212 N. On January 3 at 1.30 a.m. I was in Durban Road, when I heard a whistle and saw the prisoner struggling with prosecutor. Prosecutor said, "This man has stabbed me three or four times with a knife." I said, "Where is the knife?" He said, "A man named Marlborough took the knife—he has gone for a policeman." I took prisoner to the station; on the way he said, "I am pleased you have come—they would have murdered me." When charged, he said, "I deny the charge." He made no complaint of anyone having robbed him.
Cross-examined. Prisoner did not say he had been robbed by Richardson and Marlborough of a purse, pawntickets, and money.
ARTHUR RATHBONE WAINWRIGHT , divisional surgeon, Tottenham. On January 3 at 2.49 a.m. I was called to Tottenham Police Station and saw the prisoner. He was suffering from contused wounds on the vertex, one of them 2 in. long and? in. deep, right on to the brain. They were all bleeding very freely. I dressed them. At 4 a.m. I saw prosecutor. I found between the 7th and 8th ribs in a line with the armpit an incised wound? in. long 1/2 in. deep running down to the rib; another oblique wound 2 in. above the right hip, 1 in. deep; an incised wound on the scalp 1 in. long, and a similar one near it; another wound 1 1/4 in. long on the left auricle. There were several scratches and bruises about the forehead and face, and on the chin a glancing incised wound of little depth. The knife (produced) I was shown is rather blunt; the wounds could have been inflicted by it. I found marks corresponding with the wounds in the under vest, but there were no marks shown in the shirt which is basket-worked, and probably would not show the marks.
Prisoner's statement before the magistrate: "While I was returning home from Silver Street Station I was stopped in White Hart Lane and asked for a piece of tobacco by Marlborough. Whilst cutting him off a piece he seized my left hand, Harry Richardson doing the same with the right. After a tussle they overpowered me, and stole
my knife, a purse containing seven pawntickets, and about 1s. 6d. in money. They ran home. I followed them home asking them for my things back they had taken from me. They made no more to do but seized hold of me, and knocked me about again, shoving me on the bed. H. Richardson said, "Sue get me the poker," which she did, she also striking me on the head with it several time wihlst Marlborough and Richardson held me on the bed, I next broke from them, reached the street, Richardson and Marlborough overtook me, knocking me about until the police arrived. If the police had not arrived as they did I do not not know what they would have done to me."
Cross-examined. I have never been on bad terms with Richardson. He had a quarrel with me. The knife was taken from me, and I was going to his place to get it back. If he was stabbed he was not stabbed by me. He might have been cut when they were robbing me in the tussle. They pulled me down on the pavement. I do not know that I stabbed prosecutor five times—not in the slightest to my knowledge. I swear I never struck that man with that knife or any other instrument. Prosecutor and Marlborough are committing perjury. I did not tell the policeman they had robbed me. I had been convicted some months ago of assulting prosecutor and Goodrich on two different occasions. I could not tell you the dates. I was on good terms with Richardson and am now. I would like you to know the characters of these people. I was convicted for stealing potatoes and greens and was fined 5s.
CHARLES HENRY RICHARDSON , recalled. About three years ago I was sentenced to 18 months' hard labour for stealing a bicycle. I have had two months and seven days for living on the earnings of and assaulting a prostitute. I have been convicted several times.
SUSANNAH GOODRICH , recalled. I have done three years in an Inebriates' Home. I came out a year and 10 months ago. About 20 years ago I had twelve months for stealing a watch. Thirty years ago, when I was 13, I was charged because prisoner was making coin, and he gave me a bad half-crown, but I was not convicted. It is prisoner who has parted me from my husband. I was never charged with housebreaking.
LOUISA TAYLOR , recalled. I am now doing six months' hard labour for stealing a watch and chain from a petty officer. I have had a month and also three days for being drunk and disorderly and using obscene language; that is about four years ago.
Verdict, Guilty of unlawful wounding.
Prisoner was proved to have had four convictions for assault and drunkenness and one of 5s. fine or five days for stealing vegetables from an allotment; stated to be a hard-working man.
Sentence, Five months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 13.)
MAY, Henry Gomer (45, actor), pleaded guilty of maliciously publishing a defamatory libel of and concerning Samuel Henry Henderson; maliciously publishing a defamatory libel of and concerning Evelyn Maude Henderson.
Prisoner was released on his own recognizances in £20 to come up for judgment if called upon.
BEFORE MR. JUSTICE GRANTHAM.
(Saturday, January 14.)
ARTHUR, Charles (31, labourer), was indicted for (1) feloniously shooting at George Haytread with intent to murder him or to do him some grievous bodily harm; (2) feloniously attempting to discharge a loaded revolver at Haytread, with intent to murder him or to do him some grievous bodily harm, or with intent to disable him, or with intent to prevent lawful apprehension; (3) attempting to burglariously break and enter the dwelling house of William Sumpton and to steal his goods in the same dwelling house; (4) similar offence, "being armed with a dangerous offensive weapon"; (5) being found by night having in his possession without lawful excuse certain implements of housebreaking; (6) assaulting George Haytread.
Prisoner pleaded guilty to (3) and (5), not guilty on the other charges. He was tried on the first indictment.
Mr. Bodkin, Mr. Leycester, and Mr. Montague Shearman, junior, prosecuted.
Police-constable ALBERT TROTTER, 186 M, and Detective-sergeant JOHN BOUSTEAD proved certain plans and photographs for use in the case.
WILLIAM SUMPTON . I am licensee of the "Virginia Plant" public-house at the corner of Great Dover Street and Lawson Street, Borough. At the back of the house is a one-storey building used as a billiard saloon, covered with a lead flat; below is a urinal without a roof; from the top of the flat to the floor of the urinal is 16 ft. 8 in. On December 25 I saw the house closed and locked up at the proper hour, eleven o'clock. I sat up for some time in the private bar. About one in the morning I heard footsteps upstairs. I called out, and getting no answer went upstairs. Through a window on the landing looking to the lead flat I saw prisoner; I asked him what he was there for and
he turned and ran away. I could not open the window, as it was bolted. I went downstairs, opened the front door, and blew a police whistle. While a policeman (Haytread) was coming towards me from the opposite corner prisoner came out from the urinal. When he saw me speak to Haytread he started running and Haytread followed. As they turned into Bland Street prisoner deliberately put up his hand and pointed a revolver at Haytread and fired; they were then about three or four yards apart. I heard another report just afterwards, but did not see the shot fired. I returned to my house and roused the servants and then went back to where prisoner was being captured.
Cross-examined by prisoner. I was about 30 or 35 yards away when you fired the first shot. At the police court I said you were two or three yards from Haytread when you fired; I now say three or four.
Police-constable GEORGE HAYTBEAD, M Division. On the early morning of Boxing Day I was on duty, in uniform, in the Borough, when I heard a police whistle. I ran till I saw Sumpton at the door of his house; prisoner ran out of the urinal and I ran after him. At the corner of Bland Street he stopped, turned round, pulled a revolver from his pocket and fired towards me; I was about 12 yards from him. He again ran on and I followed; when I was about seven yards from him he turned round and fired again. I was nearly close upon him when he fired a third shot. I then grappled with him and got hold of his right hand, which held the revolver; it was pointed directly towards me as he went to fire again, but I forced his hand up and the shot went over my head. While we were struggling, prisoner still holding the revolver, Mrs. Wright came to my assistance; she struck him in the face several times; she tugged at my whistle till the chain broke, and then she blew the whistle. I had got prisoner on to the ground and in the struggle he got the pistol pressed against my left temple and pulled the trigger, but it only clicked. Then a sailor (Barber) came to my assistance; we overpowered prisoner and he was taken to the station.
Cross-examined. It was after you fired the fourth shot that Mrs. Wright came to my assistance. For the fifth shot you were pressing the pistol to my forehead for half a minute.
FRANCES WRIGHT , wife of Harry Wright, 51, Great Bland Street. In the early morning of Boxing Day I left my house to go to some friends. I saw prisoner double round from Great Dover Street, running swiftly towards me, Haytread following him. They were separated by 11 or 12 yards when prisoner deliberately turned round and fired at Haytread; after another six yards or so prisoner again turned round and fired. When Haytread was close upon him prisoner fired a third shot. Then Haytread closed with him. There was a terrible struggle. Haytread asked me to blow his whistle and I tried to get at it. Prisoner was about to fire again when I let out at him with my hand and the shot went off in the air. Then the two men were struggling on the ground; I broke the chain and got the whistle and blew it. I saw prisoner holding the pistol close to Haytread's forehead and heard it click; it was then that I realised the danger I
was in and asked God to spare me for my children's sake. I let go with my fist at prisoner and must have hit his tooth, because my hand was poisoned and had to be cauterised. I was screaming "Help, Murder!"; the sailor Barber came up and prisoner was secured.
To prisoner. I was struggling to get the whistle when the fourth shot was fired; you and Haytread were on the ground then. I did say at the police court that "I thought" I saw you hold the pistol to Haytread's head, but I immediately corrected myself and said I was sure; I am quite certain of it.
HENRY WILLIAM BARBER . I am an A.B. on H.M.S. Hampshire. During my Christmas leave I was at 31, Lower Bland Street. In the early morning of Boxing Day I heard a revolver shot. I went to the door and saw Haytread struggling with prisoner. There were three shots in quick succession; I saw the flashes of two of them. Haytread cried out, "Help me, Jack," and I went and seized prisoner by the right hand; he had not got the pistol then. After a severe struggle, and other assistance coming, prisoner was secured. Prisoner said to me, referring to the pistol, "It was only a toy."
To prisoner. I was three yards from you when you fired the last shot. I heard four shots in all.
ERNEST COLLINS , oilman, 83, Great Dover Street, who assisted in taking prisoner to the police station, said that, feeling something in prisoner's jacket pocket, he searched and found it was the jemmy produced, which he handed to Inspector Gadd.
To prisoner. I was three yards from you when you fired the last shot. Detective Cronk gave evidence on December 26. I had read the newspaper reports, but had not particularly noticed his evidence. I was at the back of you, holding your right arm, when you said this; I am positive you said it. I heard you say the same thing to Cronk at the station.
Re-examined. I made a written statement (produced) before Cronk gave his evidence, and this remark of prisoner's is given in that statement.
Detective ROBERT CRONK, M Division. I was at the station when prisoner was brought in. I asked him his name; he said "Find out "; he went on, "I think I have gone through enough; I had to jump a wall 15 ft. high to get away from the pub.; they know all about it, but I did not get anything; isn't that enough for you?" I asked, "Where is the revolver?" He said, "Someone took it away from me. It's very near time something was done; wait till the 1st of January; then things will be different; Mr. Churchill is going to alter things, and we shall have a better chance, instead of being worried by you people." When the charges were read over to him he said (referring to the charge of shooting with intent to murder), "If I had intended to murder him I should have done it, instead of firing at random, but when I was trying to get away I fired anyway; what
would you do if you was in such a fix?" Later on he said, "I meant to do it this time; it was either me or them; it was either neck or nothing; I meant to do it this time." At the police court while in the waiting-room he said, "Give me the pistol and one bullet and I will put it there" (putting his finger to his forehead) "then I shan't cause the country any more expense; I wish I could go to my last long sleep."
To Prisoner. When I questioned you it was in pursuance of my duty. I am sure I have omitted nothing and added nothing in my account of what you said. You did not say, "We shall have a better chance instead of being hounded down by you people while we are trying to get a honest living."
Police-constable PERCY CLARKE, 167 M, proved the finding of the revolver in Great Bland Street.
Inspector RICHARD GADD, M Division. I searched prisoner at the station; I found on him seven loaded cartridges, which would fit the revolver produced. On examining the revolver handed me by Clarke I found it contained four empty and two live cartridges; the hammer had jammed between the fourth and fifth chambers.
REGINALD LARKIN , divisional surgeon. At 2.10 a.m. on December 26 I saw Haytread at the station; he was suffering from collapse and shock owing to the severe struggle. On his left temple was a deep red mark, consistent with the pressure of the muzzle of the revolver (produced). Haytread is still on the sick list. I examined prisoner; he had a sprained ankle, which he said was caused by a kick during the struggle; it might have been caused in jumping a 15 ft. wall. He was quite sober.
ROBERT CHURCHILL , gunmaker, 8, Agar Street, Strand. I have had 14 years' experience of firearms of all kinds. The weapon (produced) is a 6-chambered Bulldog pattern revolver, Belgian make, 3.20 calibre; it is a common weapon, usually sold at 5s. 6d. I experimented with it, standing at six yards, at a piece of board 1 1/4 in. thick; it clean penetrated the board and smashed itself against an iron plate a yard away. Fired at a range of ten yards at a man in police uniform the bullet would penetrate the body unless it struck a bone; fired with the muzzle touching the skin of the temple, it would certainly kill. The reason of the fifth cartridge missed fire was because of the commonness of the mechanism; probably the centre-pin of the chamber is not right. Prisoner, called upon for his defence, addressed the jury from the dock. He went through the evidence, and pointed out various discrepancies as to distances, etc. The words he used to Cronk in the police court waiting-room were, "I have tried to get an honest living, and you people have hounded me down and stopped me from getting one; give me that shooter, and I will soon get out of my misery, and I won't give you the trouble of going on with this case." It was an absolute lie that he said "I meant to do it this time; it is neck or nothing." He admitted that he fired the revolver, but he never intended to strike the constable; has object in firing the first three shots was to put him off his guard and delay him for a minute or so, so that he (prisoner) might get away. As to the fourth shot, he remembered
perfectly well what happened; as they were struggling he realised that he was bound to be captured; the pistol was pointing directly at Haytread's forehead, and it would have been easy to fire and kill him; but he (prisoner) tried to lean back and point the revolver at his own head and put an end to his own miserable existence. He remembered nothing about the fifth shot.
Prisoner confessed to a previous conviction.
Besides a number of convictions for minor offences prisoner was. sentenced in November, 1894, to 12 months' hard labour; in November, 1897 to five year's penal servitude; in June, 1902, to ten years' penal servitude; his offences including burglaries, wounding, and shooting at police; he had been in prison the greater art of his life.
Prisoner now stated that he had made every effort to get back from the course of crime and to earn an honest living, but had always been prevented because the police took care to inform people wherever he went that he was a convict on ticketofleave. He asked the court, if he must be sentenced again to penal servitude, to make the period a comparatively short one, and subject him at intervals to punishment with the cat; he would not mind the corporal punishment, provided that he had a short term, so that he might when he came out endeavour to earn an honest living; and he would promise, whatever happened, never again to carry a weapon of any kind.
Sentence, Penal servitude for life.
BEFORE THE RECORDER.
(Saturday, January 14.)
DAY, James Henry (37, cycle maker) , unlawfully and maliciously inflicting grievous bodily harm upon Katherine Furze; second count, being in charge of a motor car, unlawfully, by wanton and furious driving, causing certain bodily harm to the same person; third count, being in charge of a motor car, by wilful misconduct causing grievous bodily harm to the same person; fourth count, being in charge of a motor car, by wilful neglect, causing grievous bodily harm to the same person.
Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted; Mr. G. H. Jones defended.
KATHERINE FURZE , wife of Edward Furze, tramcar washer, L.C.C. About 10.40 p.m. on September 10, I was on the kerb outside the baker's shop, 182, Chatsworth Road, with a mailcart, in which I had my baby, six months old. Without looking to see if anything was coming I went to cross to Mutton's corner; the road seemed clear and I heard nothing. When I had got about 2 1/2 yards into the road I
happened to turn round, when I saw a motor almost on top of me; it was coming from the market place. I tried to push my baby out of the way. I was knocked down by the front of the middle part. I cannot say whether the wheels went over me. I heard no warning. I partially lost consciousness and recovered when in the ambulance. I was in the hospital eight weeks. I feel pretty right now.
Cross-examined. I think the car was outside No. 174 or 176 when I first saw it—three or four shops away. It was coming very fast. I do not remember hearing the engine making a noise. It was on the offside, but not close to the kerb; as it got nearer to me it turned more towards the offside. I had no time to step back to avoid it. I pushed the mailcart away from me.
JOHN JOSEPH GORDON , medical superintendent, Hackney Infirmary. At 11 p.m. on September 10 Furze was brought into the ward in a collapsed condition. She was suffering from concussion of the brain, dislocation of the hip, two ribs were fractured, and she had various wounds and abrasions. For three days she was in great danger. She is practically well now. She was in the hospital eight weeks. The baby was not injured; it has since died from causes nothing to do with the accident.
Cross-examined. In my opinion the wheels did not pass over her Or she would have been more seriously injured.
ABRAHAM BARNETT , fish salesman, 77, Chatsworth Road. Between 10.30 and 10.45 p.m. on September 10 I was standing by our stall, which is in the road outside No. 77, when I saw a car coming down the hill and going in the direction of Millfields Road; my attention was drawn to it owing to the speed at which it was going—between 16 and 20 miles an hour. I did not notice who was driving it, as it was going so fast. It was on its right side and passed about six feet from my stall.
Cross-examined. There are stalls each side of the road just there. I heard no horn or whistle sounded.
JOSEPH BOULTON , hardware merchant, 130, Chatsworth Road. On the night of September 10 I was serving a customer, when I looked up the road and saw a lot of dust, then all at once a motor-car appeared, it was 20 to 30 yards from me. It passed me at a terrific pace. I then heard a scream. I did not notice any whistle or horn sounded.
Cross-examined. It was coming down the middle of the road. It made a tremendous noise, and I could hear it a very long way off.
EDWARD KILBEY , grocer, 132, Chatsworth Road. About 10.40 p.m. on September 10 I was standing on the step of my shop when I heard a motor approaching from the direction of Homerton 30 yards up the hill. When I saw it it was slightly to the near side and travelling at a very fast rate indeed—about 25 miles an hour. My wife was about to cross the road from the other side, and I called out to her. I did not see any other traffic. I heard no horn sounded—there was no sound whatever.
Cross-examined. It passed me so quickly that I could not see how many were in it. There were not many pedestrians about. There
are a good many people about on market nights, but most of them are farther up the road. I watched the car for about 30 yards. I am a commercial traveller and am always using vehicles and I can tell pretty well the speed at which they are going. I never remember a car going down a hill at the speed this one did. It made a noise similar to that made by a car going at an excessive speed. I was only partially influenced by this fact in estimating the speed.
SOPHIE KILBEY , wife of last witness. About 10.30 p.m. on September 10 I was on the kerb opposite my shop, No. 132, outside No. 101, about to cross the road, when I saw a car coming from Homerton, about 12 yards up the hill, and I waited for it to pass. It put me in mind of an express train going through a station. I heard no horn. It was making a terrible lot of dust, and was near the centre of the road.
Cross-examined. It was making a great noise. I heard it before I saw it. It could not have made all that noise unless it was going very fast. I did not watch it after it had passed me. It whizzed by like lightning—almost like a bullet from a rifle.
CATHERINE JOHNSTON . About 10.40 p.m. on September 10 I was walking up Chatsworth Road in the direction of Homerton on the right-hand pavement. I had got outside No. 129, when I saw a motor coming down the road. I stood still and watched it. It was towards the middle of the road and it passed me at a great speed. It then bent towards the off-side of the road. I had a presentiment that there would be an accident. I did not look round after the car passed me. I heard a scream and I looked round and saw the woman in the road. I then went up to the car and saw prisoner. I told him he was a cruel man to drive a car down a market-place at such a furious rate, and that he might have known he would have killed somebody. He never answered me.
Cross-examined. I did not hear the car before I saw it. I did not notice what noise it was making as it passed me. I said at the time that the driver was not drunk and I still say so. He looked dazed. I did not notice any brake near Powerscroft Road. I have never seen a car that gave me such a shock as this one did.
(Monday, January 16.)
ALBERT ELLIS , motor-cycle engineer, 65, Hove Avenue, Camden Road. I was in No. 137, Chatsworth Road at 10.45 p.m. on September 10, when a car came by at such a terrific speed that I ran out, as I expected there would be an accident, it being such a busy thoroughfare. When I got outside I saw a woman on the ground. I went to look at the car, which was then at a standstill at the point marked A on the plan. I then went and looked at the wheel marks, which were quite distinct. (The witness marked on the plan the route.) I am accustomed to drive motor cycles and can give rough estimates of speeds. The car was travelling at between 30 and 40 miles an hour when it passed the door—it was going very fast. I did not hear any horn or whistle sounded.
Cross-examined. I was then and am now out of work. I lost my last job a week before this through slackness of trade; I was employed on and off at this No. 137 repairing motor cycles at the rate of 5s. a day; I have been more off than on. I do not profess to be an expert. I have never driven a car. It is a very easy thing to be deceived in the speed of the car by a momentary glance. The engine was throbbing quickly and violently, but that was not what I based my estimate of the speed on. The noise drew my attention and I looked up and then it flashed past the shop window. I knew the driver had the exhaust cut out because of the noise; the silencer was not in use. In some cases this would cause smoke. Anybody who did not understand engines by hearing the continual banging that occurs when the exhaust cut is out would think that the car was going faster than it really was. The woman was lying out of the track of the wheels on the offside. I did not see her moved there. (The witness marked the spot on the plan.) I steered the car to the station afterwards. The brakes were jammed tight on. This is a 14-h.p. car. I do not know what a car of that horse-power and ten years old is capable of doing. I did not notice any brake in Powers-croft Road, nor a knot of people at the corner of that road and Chats-worth Road.
Re-examined. One of the reasons I have been out of work is that I have been in hospital eight days and since then I have been ill. If a car is heavily laden it would go faster down hill. I do not know that one of the reasons the exhaust is taken out is to increase the speed of the car. It cools the engine. The noise is principally heard at the back.
SIDNEY ARCHIBALD BEASLEY , stock-keeper, Connaught House, Powers-croft Road. About 10.50 p.m. on September 10 I was walking up Chatsworth Road on the right side going towards Homerton, and had just reached the open land by the mission hall when I saw a motor about 40 or 50 yards from me. It passed me nearer to its off-side, travelling at an exceedingly fast rate. I was with several others. There was nothing in the way to cause him to go on to his wrong side. I heard no horn sounded. I heard a scream behind me, and I turned round and saw at the junction of the road a bassinette upturned. A woman was coming from underneath the car as though the car had gone right over her and dragged her. She was in the middle of Chats-worth Road, a little nearer the baker's shop. The car was at a standstill at the point A on the plan. The prisoner was leaning on the car and appeared to be drunk. The people inside had got out when I got there.
Cross-examined. None of the others who were with me are here as witnesses. They live in the neighbourhood as well as I. I do not think the police has been to them to give evidence. We were all looking in the same direction. The police came to me three weeks after the accident. I can give the names of two of my friends, but I do not know their addresses. Previously to this we had been to Mutton's, a restaurant where they do not sell intoxicants, and before that we had been for a walk. The car was making a quick, throbbing
noise. It was about opposite No. 127 when I first saw it. The rate was more than usual down a public thoroughfare. It was on its wrong side when it passed us. It then swerved to the offside rather sooner than is indicated by the line drawn by Ellis on the plan—about opposite No. 174. All the people in the car had got out when I got there. I did not speak to prisoner. He was leaning on the fron t of the car. When I got near him he smelt strongly of drink, and when he went to go to the policeman he looked to me to be drunk. The lady who spoke to him was close beside me; I had been closer to him before she came up. I think she gave her name as Mrs. Lee. I did not hear that Mrs. Johnson spoke to him. I never touch drink myself. He was my idea of a drunken man. He did not roll about, but he was unsteady. He appeared dazed, which was one of the things that made me think he was drunk. I cannot remember smelling any petrol. I noticed half-dozen young fellows talking on the pavement by the mission hall before the accident. I noticed no crowd in the roadway.
ALFRED BENNING , foreman, Metal Trading Company. About 10.40 p.m. I was standing by some railings by some open land on the near side going towards Millfields Road when I saw a woman leave the kerb opposite No. 182, on the other side, with a perambulator. She was about two yards from the kerb when a motor car flew past me. It made one sweep from the nearside to the offside, and struck her. It went past me like a flash of lightning and it was difficult to see whether before it made the sweep it was near the near-side kerb. I ran towards the motor and saw the mailcart overturned with the baby, which I handed to a woman. I could not see the woman at first. The crowd holloaed, "Where is the woman?" and I ran towards the motor. I saw her coming from underneath the car, which was still in motion. Another man and I turned her over; she was bundled up like a ball. On the policeman coming up I left her and went to the car, which was standing at the point marked "A" on the plan. Prisoner was leaning against the car on the near side with his head on his hand. He looked dazed and I thought he was drunk. I heard no horn or anything whatever sounded before the accident. It was going as fast as the train I generally go home in—between 25 and 30 miles an hour.
Cross-examined. My wife was with me; she is not here. I was facing the baker's shop, standing still. When I first saw the car it was more in the middle of the road than anything else. It did not slacken speed as it swerved. There were not many people about at that end of the road, though at the other end where the market is it would be crowded. The road was clear of vehicles and pedestrians. I saw the car hit the woman. I did not exactly have a clear view, because when it swept across I was at the back of it. I could see, however, that it struck her with the offside front wheel; my line of vision was not obstructed by the car turning. If the car had continued in a straight line it would have struck nothing. (The witness drew on t he plan a line representing that followed by the car.) I did not notice a brake standing in Powerscroft Road. There may have been
a few people about before the accident; it was afterwards that the crowd collected.
ALBERT WESTOBY , porter, 13, Elderfield Road. About 10.45 p.m. on September 10 I was standing about 20 yards from the baker's shop on the same side looking in the direction of Homerton, when I heard a sort of throbbing noise and shouting as well. I looked round and saw a car coming down the hill from Homerton about the middle of the road. When it passed me it was going at an unusual pace. Just before it got to me it swerved to the side where I was standing and went into a woman who was with a mailcart about three yards in the road. I saw nothing in the way on the driver's left-hand side. I ran and saw the baby picked up and the woman laying on her back in the road. I went up to the car and saw prisoner leaning up against it. I could not say whether he was drunk or not, but he smelt strongly of liquor and looked dazed. I did not hear any warning given.
Cross-examined. The car was about 30 yards away when I first saw it. As it passed me it did not make any noise at all except for the sound of the wheels. When it swerved it slackened speed a little. The car stopped within about 15 yards from where the woman was picked up; it only stopped once. There were not many people about just before the accident. I was about a foot away from prisoner, standing by a lady who spoke to him. I did not speak to him.
PETER GIRMER , baker. At 10.45 p.m. on September 10 I was standing at the corner of Millfields Road and Powerscroft Road, opposite No. 182, looking towards the fields, when I heard the throb of a motor. I looked round and saw a motor coming down the hill; it had reached Elderfield Road. It was coming rather fast and kicking up a dust. It was in the middle of the road, but when it got towards the baker's shop it seemed to go to the offside of the road. It then ran into a woman, who was with a mailcart about three yards from the kerb. There was nothing in the motor's way but her. I saw the bonnet of the car knock her down, and the offside wheel went over her. She seemed rolled up as though in a bundle. The car came to a stop within about 15 yards. I went up and saw prisoner alighting from it. He seemed "bleary-eyed"; he did not seem sober.
Cross-examined. The woman appeared to notice the motor car and she tried to get back on to the pavement. She pushed the mailcart away from her. I cannot say whether if she had not done this there would have been no accident. I did not notice any people walking about the road just there before the accident. I did not notice prisoner switch off the engine after he got down. His eyes were not as bright as ordinary eyes. I was quite near him.
GEORGE BILLSON , 17, factory assistant, 100, Lea Bridge Road, Clapton. Shortly before 11 p.m. on September 10 I was standing looking in at this baker's shop at the corner with my brother, when I heard a noise. I looked round and saw a car coming down about 200 yards up the hill. It was going very fast; I have never seen a motor go so fast down a main road. It was in the middle of the road and when it
got pretty close it turned off to its wrong side. I did not see it knock the woman down. After the accident I went up to the car and saw prisoner standing by the side of it. He was holding on and staggering slightly. He smelt strongly of drink. I formed the opinion that he was drunk. His face seemed rather sleepy.
Cross-examined. When I saw the woman she was lying on her back. I saw the bassinette taken off by a policeman; it was bent in two. I did not see prisoner switch off the engine. When it swerved it seemed to get faster as though uncontrolled. I did not speak to prisoner.
ALFRED BILLSON , 14, brother of George Billson, gave evidence to the like effect, and added there was nothing in the way of the car to cause it to swerve. It was going very quick. When I got up to the car prisoner was sitting in it. He then got down staggering a little. He swaggered slightly when he had got down. He smelt of strong drink.
Cross-examined. I went with my brother to the police station the same night. I have not been talking to him about the case. The car was making a great noise. I noticed a number of people on the opposite side of the road, but no brake. It did not slacken speed when it swerved. Prisoner got out on the left-hand side of the car. I do not remember his helping the people out. I did not see him switch off the engine.
Police-constable WILLIAM SHORTER, 254 J. Shortly before 11 p.m. on September 10 I was standing outside the urinal at the junction of Millfields Road and Chatsworth Road, from where I could see nearly up to Elderfield Road. I saw a motor coming down the hill about 40 yards away, slightly on its wrong side and going from 20 to 25 miles an hour. I heard no horn sounded. Without any reason at all it went right over to the offside; there was nothing in the road. I saw the woman step off the kerb with a mailcart. She had got seven feet into the road when the bonnet of the car struck her. I ran into the road and cried, "I am a police officer in plain clothes. Pull up." He pulled up in about 25 yards, the brakes being jammed on. I told him to get out of the car and get the others out. At the time I saw only four in the car. I also told him to take the woman to the hospital. He got out, and as he came round I noticed he staggered up against the car and put his back against it. I said, "You are drunk," and he made no reply. I handed him over to another constable and I took the woman to the infirmary. The road was in good condition and it was very light just at this point. A brake had passed a few minutes previous to my seeing the car, which went up Powerscroft Road. I saw nothing of it when the accident occurred. I charged prisoner at the station with being drunk whilst in charge of a motor car, and he made no reply. He was further charged with causing grievous bodily harm and he made no reply. He had then been examined by the divisional surgeon. This was about an hour after the accident. I would not allow him to take the woman to the hospital in the car as I did not consider him capable of driving it.
Cross-examined. I was on special to detect rowdyism, and was just going off duty when I saw the car. It never slackened speed until after the accident. She had no time to step back and she did not push the mailcart away from her. I should say the middle of the front part struck her. The mailcart was picked up on the near side out of the track of the car. The woman was pushed up about nine feet from where the car struck her, and knocked her into the middle of the road. When I stopped prisoner he did not suggest drawing up to the side of the road to get out of the traffic. He did not offer to take the woman to the hospital, and did not deny being drunk. He did not switch off the engine and turn the petrol off. Getting out on the offside he put his hand on something on. the wheel and got down. He rolled up against the car, and then put his back to it. I took three names and addresses. Prisoner did not ask to have an independent doctor to examine him and he was not told that it did not matter. Police-constable WALTER CARRETT, 342 J. I was with Shorter on this night when I saw the car approaching from about 30 yards away. It was more to the centre of the road, but, as it got nearer, it went on its offside. About the middle of the front struck the woman. I saw, nothing to account for it going on its wrong side; there were very few people about. A brake had passed about seven minutes before and gone up Powerscroft Road. I heard no hooter sounded. It was going rather fast—too fast for the London streets—more than 20 miles an hour. The woman was lying two yards from the pavement, and I fetched a doctor. I think the car must have gone over her. I took prisoner to the station. He was the worse for drink; he smelt of drink and was unsteady in his gait. He said, "Is she dead?" and I said "No." He said, "I should not wonder if she was—I went clean over her." This was almost at the station. When charged he made no reply. He was examined by the divisional surgeon. He did not request an independent doctor in my hearing.
Cross-examined. He did not seem surprised when charged with being drunk. I did not notice the car slacken speed when it turned to its offside. It seemed to come at a terrific rate; I could tell that by the amount of dust it was causing. I should not like to say it was not going 40 miles an hour—very much like a flash of lightning. The woman had no chance to step back.
Inspector CHARLES ALLCORN. J Division. I was in charge of the Hackney Police Station at 11 p.m. on October 10. Carrett brought in prisoner, and said, "Shorter has handed him over to me for being drunk while in charge of a motor-car." Prisoner said nothing. I saw he was drunk, and called the divisional surgeon. His assistant arrived at about 11.20 p.m. After he had examined him he was charged with being drunk while in charge of a motor car, and further with causing grievous bodily harm to Katherine Furze, and he made no reply. No mention was made of having an independent doctor; if he had desired one I should have sent for one, who would have examined him with the divisional surgeon.
Cross-examined. He did not seem amazed when charged. He was certainly somewhat dazed, which was not surprising. The facts that
he smelt very strongly of drink, that he staggered, and that he was very husky in his speech, are inconsistent with his suffering only from shock. If he had had two whiskeys an hour before it would be possible for him to smell of drink. The fact that he had been driving a car all day might account for his huskiness. I did not suggest to him that he should have an independent doctor; it was not necessary.
To the Court. In charging him I acted upon the divisional surgeon's opinion.
Re-examined. I have very considerable experience of drunken men; I have been 23 years in the force.
JAMES TURTLE , M.R.C.S., L.R.C.P., acting divisional surgeon, J Division. At 11.30 I examined prisoner and came to the conclusion that he was still under the influence of alcohol. I reported it to the inspector. I consider that he was unfit to be in charge of a motor car. In my presence he never requested to be examined by an independent doctor.
Cross-examined. He did say he had had some drink an hour or two before. I did not ask him how much. I believe he said it was whiskey; that would account for his breath smelling. I did not express any opinion as to what I thought of his condition in his presence He was able to walk steadily then. One of the things which made me say he was under the effects of drink was that his pulse was rapid. I do not think the shock would account for that. Excitement would, but he was not excited; his mental capacity was dulled. Rapidity of pulse would occur when a man has run over anybody, but you would expect some other form of excitement as well. I do not think he realised his position. A person could not be excited and look dull at the same time. The reaction of his pupils was very sluggish. The pupils were not abnormally dilated, but I do not think this is one of the commonest signs of drink. Another symptom was the redness of his eyes. Driving all day, it is true, might cause diffusion, but it was some time after the accident that I saw him. Another symptom was that he was mentally dull—he was hardly dazed. I do not think he was overwhelmed, because he said when leaving me, "Does this mean transportation?" in a smiling manner. (At the request of Mr. Jones, opportunity was given for the Jury to examine the car.)
(Tuesday, January 17.)
The Recorder said that he did not think there was any evidence to go to the Jury on the first count and that he would withdraw it from the Jury.
Police-constable SHORTER (recalled, at the request of the Jury). There was no stepney wheel on the right-hand side of the car when I saw it, no spare tyre, and no iron to hold a stepney wheel. I did not do anything to see whether the horn was in proper condition A. ELLIS (recalled, at the request of the Jury). The hooter was in a proper condition when I steered the car to the station; anyone
could have heard it if it had been properly used. There was no spare tyre.
JAMES HENEY DAY (prisoner, on oath), cycle-maker and motor-driver, 53, Weatherly Road, South Hackney. I have been in business about 16 years, and for the last five years I have had a motor-car, which I drive myself and let out for hire. My license is quite clean; I have not been in any sort of accident before. I was fined on one occasion for exceeding the speed limit in a country lane. At 11.30 a.m. on September 10 I took the car to Basinghall Street to get a new tyre. I met a friend and went to Short's, where I had one whisky and three sandwiches. After making some calls with him I went home, and my friend made an appointment with me, which I kept at 3 p.m. I drove him to his house, and from there to Ilford, where I had some cider and biscuits. I took him home, and went to my home and had some tea—no intoxicants. I was driving to my wife's parents' place when I met my wife and niece, whom I took to the parents' place. When there her mother and sister got into the car. I had nothing to drink there. I took them to "The Stag" public-house, Brooksby's Walk, where I had an appointment with a customer, Lee. I met him there, and had two three-pennyworths' of whisky. I did not drink it all. After staying half an hour, at 10.30 p.m., I got into the car, Mr. and Mrs. Lee joining us. I was taking them to the tram at Leabridge Road. There were nine of us now in the car. I backed the car down Homerton Grove into Brooksby's Walk without any mishap. Coming down Chatsworth Road, in the busy part, I drove in the middle of the road, going about two miles an hour. I had to stop two or three times as the crowd was so great. It is a Germain car, 14-16-h.p., and nine or ten years old. I had the exhaust-cut out as a warning, and I very frequently sounded the hooter. When past the market place I went from the lowest speed to the second, and from the second to the third. I never went more than eight miles an hour. Just by the open land at the foot there were five or six young fellows larking about on the near-side of the road, and to avoid them I turned to the right, and slackened speed by releasing the clutch. I first saw the woman five yards from me, near the middle of the road; she seemed to be saying good-bye to somebody. I blew the hooter and went to go behind her. She stepped back and pushed the perambulator forward. My near-side wheel struck her. I thought I had time to pass her, and if she had not stepped back I should have done so. I saw a brake in Powerscroft Road, but that was not what made me turn to the right. I pulled up as soon as I could, and asked the constable if I could pull into the kerb out of the line of traffic. I got out on the near-side and helped the people out of the car; I could not get out of the right side because there was a stepney wheel there; I never went out without one; there is a fixed iron ring on which the wheel is put. I offered to take the woman to the hospital, but Shorter said I was drunk. I did not say
anything to that as I did not want to make an argument. I then switched the engine off and turned off the petrol. I told the doctor at the station I had had some whisky. When I left him I thought he was going to say I was not drunk. I asked Inspector Allcorn if I could see a doctor of my own, and he said, "I do not think it is necessary." When Shorter came I was charged with being drunk. I was perfectly sober and able to take charge of the car.
Cross-examined. I could not have gone more than 12 or 14 miles an hour down this hill, crowded as the car was; the weight in the car would tend to expand the tyres and thus decrease the speed. Barnett is telling a falsehood; I do not know why. Boulton is also telling a falsehood. Kilbey has no idea of speed and is very unfair; he must be mistaken. When Mrs. Kilbey said she saw a terrific amount of dust she must have been looking at the smoke coming from the exhaust. All the witnesses are under the impression that the car was going fast because of the noise the engine made. I do not think Mrs. Johnston is telling the truth when she says the speed of the car gave her a turn. I do not think Ellis could tell the speed a car was going by looking at it through a shop window; he is quite wrong. All the 14 witnesses' evidence is wrong; I think it is public feeling against me because I knocked the woman down. Shorter standing in front of the car could not judge its speed. I do not think the witnesses noticed the crowd in the road. I did not think it necessary to stop when I saw the crowd. The witnesses did not hear the hooter because the noise of the cut-out drowned it. I blew my hooter to give extra warning. I suggest it was the woman's fault. I could not have pulled up in less than six yards at the pace I was going then—under eight miles an hour. I heard that the car struck the perambulator, and I cannot explain why it should have done so if the woman was struck by the left wing and she pushed the perambulator away from her. I did not stagger when I got off the car. I leant against it because I was upset. I had only had four intoxicating drinks all that day. I remember going with Hawkins into the "Royal Standard" at 4 p.m., but I only had a cider. I had a whisky at the "Sir Walter Scott." I had nothing to drink between 7 and 10 p.m. I remember now I went to "The Swan" after going to my wife's mother's, but though some of those in the car had whiskies I had nothing.
HORACE LEE (frame maker), 75, Columbia Road, Hackney. About 10 p.m. on September 10 I met prisoner at "The Stag." I have hired him from time to time to drive me about on his motor-car and was contemplating going with him to the Yarmouth races. He was quite sober. He had two three-pennyworths of whisky only. We left at 10.40. I sat beside him. He backed the car down Homerton Grove, a distance of 30 yards, perfectly well. He went through the market place, which was packed with people, at about four miles an hour, continually sounding his hooter and making plenty of noise, with the exhaust cut out. He did not stop at all. On leaving the market he did not go as fast as I can drive my gig. He kept nearly in the middle of the road, blowing his hooter when he saw anyone. The first intimation I had of his altering the direction of the car was
suddenly finding the car go to the right. I looked up and saw the woman in front of the car. I imagined the reason he turned to the right was because he wanted to try and pass her on the offside. I saw nobody in the road. She seemed to try and push the mailcart away from her and she was struck by the car. She stepped back because, I think, of the hooter. I should think it was the near side of the car which struck her. I got out of the car and went home with my wife. Prisoner appeared to me to be quite sober or I should not have gone in his car. He got out on the near side; it was impossible for him to get out on the offside, because of the wheel there. In my judgment he did his best to avoid the accident.
Cross-examined. I myself had two or three small Scotches. The car was going about eight miles an hour at the time of the accident. Prisoner was not talking to me at the time; that is a thing he never does when driving. If he had continued on in the middle of the road he would have knocked her down.
Re-examined. There were the ordinary number of people walking in the road and on the pavement at the time.
(Wednesday, January 18.)
J. H. DAY (recalled, further cross-examined). I was driving this same car when convicted at Sutton about August last year for exceeding the speed limit. I was timed for only one-eighth of a mile. It was alleged that I was travelling 26 miles an hour. It was not in the Sutton High Street; it was in a country road.
SIDNEY RAWSON , 26, Rodney Street. On the night of September 10 I was standing outside the baker's shop when I heard a horn blown four times, and I looked up the road. I saw a motor-car coming down. There was a brake lit up with lamps going up Powerscroft Road and this motor swerved to the offside to avoid it. The brake stood at the corner of Powerscroft Road for several minutes. I should think if the car had kept on along the middle of the road as it then was it would have gone into the brake. The brake was moving at the time, but was stationary afterwards. The car was going about 10 miles an hour—about as fast as every other motor I have seen coming down that hill. A woman was in the middle of the road. She did not seem to hear the horn blown until the car was right on top of her and then she pushed the perambulator forward and ran back. The car then knocked her down. The brakes were jammed on and it skidded. If she had not stepped back there would have been no accident. The car did not go over her. I was about nine yards from her when she was struck. I am no judge of whether a man is drunk or not, but when I saw prisoner he did not seem drunk to me; several persons spoke to him and he seemed to answer them all right. I did not go near enough to smell any drink. He did his best to avoid the accident.
Cross-examined. Anybody standing at that corner ought to have heard the horn blown. When I saw the brake it was standing outside the shop at the corner of Millfields Road and Powerscroft Road.
(Witness marked on the plan the spot.) It looked as if it were going up Powerscroft Road. It was going across the main road when the car came along. The wheels were locked six feet before the car got to the woman. I never noticed any sparks. It was going 10 miles an hour just before the wheels were locked.
ARTHUR CATT , chaffeur, employed by the Mayor of Hackney. I have been in my present situation four years, and I have 12 years' experience as a chaffeur. I know this district very well, and I know the car fairly well. I have known prisoner through being in business in Hackney. It is a noisy car, and a very heavy one for its horse-power. It is not capable of going 30 or 40 miles an hour. I have seen him driving it with the exhaust-cut out. It only increases the speed a very little, but it makes a noise, and gives a good warning. I do not think it would be possible for a man who is drunk to back his car 30 yards down Homerton Grove into Brooksby's Walk; it is only 18 ft. wide. I have never driven this car. It is seven or eight years old, which makes a great difference. You could not get more than 25 miles an hour out of it on its top-speed and 18 miles an hour on its third-speed. Having a big load in the car would not make much difference going down a hill, but, if anything, it would tend to make it go slower because of the increased friction on the tyres. Taking all the circumstances into account I do not think the car could have been driven at more than 20 miles an hour on this night. I have always known prisoner as a very careful and steady driver.
Cross-examined. He is a friend of mine. I have never seen inside the cylinders or driven the car, but I know most of the types. I have never driven a Germain car. I suppose my estimate of its top-speed is a guess. If you have the exhaust-cut out there is no necessity to use the horn. The cut-out is not always fixed behind; it is either at the side or in the front, and then the sound would be heard there. If you take your clutch out you throttle down the engine, and you do not hear the cut-out.
THEODORE CHAPMAN , retired manufacturer, member for South Hackney on L.C.C. I have known prisoner five or six years, and have found him always to be a most careful driver. This car seemed generally to make a great noise.
ERNEST SLIGHT , printer, South Hackney. I have known prisoner for two years. His general reputation is that of a very steady man and a careful and clever driver. I met him at 10.30 p.m. at the "Stag." He was quite sober when he came in and when he left. I saw him back the car down Homerton Grove; he asked me to stand at the corner to see if anybody was coming.
Cross-examined. He did not have more than two drinks. He wanted to hurry away for something or other.
FLORENCE LEE , wife of Horace Lee. I met prisoner at "The Stagg" about 10.30 p.m. He was quite sober. I do not remember him having more than one drink. I sat on the left-hand side of the car, facing the driver. He backed the car down Homerton Grove quite all
right. The market place was very crowded, and he went very slowly and stopped occasionally. He blew both the whistle and the horn. He was going quite on the left side when he saw the woman, and then he turned to the right side. I noticed when he turnd that there were a few boys and girls, who were on the left as far as I could see; I could not see much because I had someone on my lap. The woman, who was in the middle of the road, hesitated and ran back. I did not see the collision. The pace at which he was travelling after leaving the market place was about the pace my husband drives his gig.
Cross-examined. We had not been to any public-house previous to going to "The Stag." I drank ginger ale, which is what I generally drink. I could only see to the left where I was sitting. Some of these boys and girls were on the pavement and some in the road. My husband had a better view than I. I saw no brake.
GLADYS WIGZELL . Prisoner is my uncle. On September 10 I was with my aunt and two cousins when we met him by accident near Lea Bridge Road, and we got into the car. We then called at grandmother's and she and my aunt came in the car. We went to "The Stag." I stopped in the car while they went inside. (The witness here gave similar evidence to that given by previous witness.) When he saw the woman he sounded the whistle and the hooter. She ran back and got knocked down. If she had not stepped back it would not have happened. I did not notice any people in the road at the time of the accident. Prisoner was quite sober.
Cross-examined. I was sitting at the back on my grandmother's knee. The car has a glass screen on it. (Subsequently recalled, she stated that she did not know whether the screen was on the car on this occasion.)
FREDERICK CHARLES CARTER , clerk, 83a, Clifden Road, Chatsworth Road. I am unknown to prisoner. I was standing just outside the urinal when I saw a motor coming down the hill 15 yards from me. I did not hear any hooter. A woman who was pushing a mail-cart had got about a quarter of the way across the road when the car caught her. I am no judge of speed, but it was going at a moderate rate. If the woman had continued her course the car would have passed her, but instead of that she stopped. I saw prisoner get out of the car and, in my opinion, he was sober.
Cross-examined. I only saw the car just before it struck the woman by the near side front wheel. The mailcart was turned over. I was about a yard and a half from prisoner—not near enough to smell his breath. (To the Jury.) He got out of the car on his near side.
GEORGE JOHN HOLMES (member of the Hackney Borough Council). I have known prisoner personally for the last four or five years. I have ridden in his car about once a week during the last two years and have always found him an exceptionally careful and steady driver. I have never noticed any signs of recklessness or insobriety about him. It is a noisy car. When in crowded streets he takes the exhaust-cut out to act as a warning and that has undoubtedly cleared the way. I have never seen him take the car out without the stepney wheel, and in consequence he always gets out on the near side.
WILFRED GAUNT . I have been in prisoner's employ 17 years. I saw this car at about 8 p.m. on September 10 just before he went out with it. It had a stepney wheel; he never goes out without one. It is a fixture.
Cross-examined. You can get out on the offside with a struggle. I have never driven the car myself. There is a whistle on the exhaust pipe. I do not know what speed the car is capable of going.
J. H. DAY (recalled, at the request of the Jury), stated that the car weighed about a ton.
The Recorder said that he did not see any evidence to go to the Jury on the fourth count and that he would withdraw that from the Jury.
Verdict, on counts 2 and 3, Not guilty.
BEFORE THE COMMON SERJEANT.
(Saturday, January 14.)
Mr. Davenport prosecuted.
THOMAS WALTER BOUVERIE PLEYDELL , 7, Queen's Road, Finsbury Park, clerk. On December 20, at 11.40 p.m., I entered the urinal attached to the "Plimsoll Hotel," St. Thomas's Road. Prisoner, whom I had never seen before, went in in front of me. He said, "I want money." I said, "I have no money to give you." He said, "I will have money; I will have gold."I was nearer the door; he slipped past me and put his back to the door; I tried to pass him; he seized me by the throat; I shouted loudly. He said it was no use shouting as no one could hear me there. He pushed me into the corner and said he would murder me, and would kick me in the private part. My clothes were undone; he tore my clothing and shirt; got his hand into my right pocket and took out my bunch of keys and some money. I continued to call for help; the door was pushed open, and I got out. The landlord of the "Plimsoll" and three or four others came up and the prisoner was secured. Prisoner took from me 5s. 8d.; I had just changed a sovereign and knew how much was in my pocket. A constable came, and he was given in charge. As we went to the station I saw him throw something away which sounded like money on the pavement. I looked with the constable's lantern, but failed to find anything.
Cross-examined by prisoner. I did not commit any act of indecency towards you. (Prisoner was warned by the Judge as to the consequences of making imputations against the prosecutor.) I did not meet you at the Finsbury Empire or in Blackstock Road. Between the Empire and the urinal you passed me and spoke to me. I did not speak to you first. You did not tell me to go home before I got into
trouble. I did not bid you good night. You did not injure me beyond pushing me against the wall.
Police-constable JAMES SEXTON, 256 Y. On December 20, shortly before 12 p.m., I was passing the urinal in St. Thomas's Road, when I saw prisoner with several men holding him. Prosecutor said he had been robbed by the prisoner in the urinal, and had been treated in a very rough manner, which his appearance bore out, and that he would charge the prisoner. As I was taking prisoner to the station he threw something away from his left hand, which I have no doubt was money from the sound. I asked the prosecutor to take my lantern and make a search; he did not find anything. When charged prisoner made no reply. I found upon him 3s. 6d. in silver and 5 1/2 d. in bronze. Prisoner made no charges against the prosecutor. When I told him I should take him into custody he said, "All right." Before the magistrate on December 21 he made no charge of indecency, but on the remand on December 28 he cross-examined prosecutor as to his being in a disgraceful position in the urinal.
PERCY FRANCIS COLE , licensee, "Plimsoll Hotel," Finsbury Park. On December 20, about midnight, the barman spoke to me and I went out to the urinal, pushed open the door, and said, "What is the matter here?" Prosecutor and prisoner came out. Prosecutor said, "This man has robbed me and threatened to murder me." Prisoner said nothing. I sent for the police and prisoner was given into custody.
STANLEY SHAW (prisoner, on oath). About 12.15 a.m. on December 20, having missed my tram at Finsbury Park, I was on my way home when I saw prosecutor having a heated argument with two women in Blackstock Road. He left those two women and accosted two men at the corner of St. Thomas's Road. They told him to go home. He then overtook me, and said it was a nice night. I said, "Yet, it is time we had a fine night after seven Sundays in succession of rain," and that I must be going home to my wife and children. I went into the urinal when prosecutor followed me; I turned to go out; he made a disgraceful suggestion to me. I threatened to give him in charge and took hold of him. He started screaming and shouting; the landlord came to the door and we came out. I said, "Look there at the dirty beast; these are the men we want to put a stop to." The landlord said he would fetch a policeman. Prosecutor said, "I will give you a shilling if you will let me go and do not make any more trouble about it." I said, "No, you will not go till the policeman comes." He then offered me 2s. When the landlord came back with the policeman prosecutor said, "I charge this man with stealing my money." The policeman said, "I cannot search the man in the street; you will have to come to the station."I said, "All right."
Cross-examined. I was sentenced to six months' hard labour on April 29, 1907, at Clerkenwell Police Court under the name of Stanley Wilson for permitting premises to be used for prostitution. On November 22, 1907, I was sentenced to four months' hard labour at
Marlborough Street for living on the earnings of, and assaulting, a prostitute. I have been a respectable man since. I live at Rothery Street, Islington. I have asked for the barman (William Cooper) at the "Plimsoll Hotel," to be called.
Sentence, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, January 14.)
Mr. Hinde prosecuted.
ALBERT HILLMAN (porter), 360, Compton Buildings, Clerkenwell. On December 31 I was going upstairs to my room on the third floor. I heard someone running up. I turned to see who it was. I had a bag of potatoes in my right hand and my left hand in my pocket getting my key. I saw prisoner. He put his arm round my neck and held my head back, put his other arm over my shoulder and took my chain. I shouted, "Stop thief," and immediately ran down. This is the chain. The bow of the watch was broken. I next saw a policeman bringing him down Smith Street immediately after. I said to prisoner, "You villain, you have got my chain."
Cross-examined by prisoner. I distinctly saw your face as you came upstairs. I turned round to let you pass as I thought you were going up.
EDWARD WALTERS , 47, Brunswick Close, jeweller's assistant. On December 31, about 6.30 p.m., I was in Smith Street. I heard a police whistle blown and people shouting, "Stop thief." Prisoner ran past me. There was no one running in front of him. I ran after him and caught up to him. He stopped. A constable and a crowd were running after him. The constable got hold of him and took him away. Prisoner said, "The man you want has gone down there," pointing towards Goswell Road. Afterwards he said, "That is the man," pointing to me.
To prisoner. I was standing in Smith Street. I was not running on the left-hand side of you. You were running on your own. The crowd was behind you.
Police-constable ALABASTER, 368 V. On December 31, about 6.30 p.m., I was in Cyrus Street, going home off duty. I heard a crowd cry, "Stop thief." I saw prisoner taking the lead of about half a dozen people, and a large crowd was following. I took up the chase and at Northampton Buildings by Upper Little Charles Street I blew my whistle: then he stopped. I said to him, "What are you running
away for?" He said, "I am just running after a man that has stolen a gold chain." I then said, "You had better come back with me, as no doubt somebody would like to see you." Prosecutor came up in Smith Street and said, "That vagabond stole my chain." I said, "Are you sure?" He said "Yes." I then told prisoner he would have to come to the station. When we got into Goswell Road he said, "I didn't steal no chain," and made an attempt to get away. He resisted and another officer came up.
Police-constable WILLIAM NORTH, 13 GR. I found the chain in the area of No. 10, Upper Charles Street, at 8 p.m., on December 31. I was looking for it.
Miss LAMBERT. On December 31 I met prisoner at 4.30. We went to my mother's. We left there at 6.30. We made our way to Goswell Road and were waiting for a tram, when we heard a shout of "Stop thief." We ran with the crowd. I next saw prisoner in custody. Prosecutor came up and accused prisoner of taking his chain. That is all I know.
Cross-examined. I used to keep company with prisoner. I left him in May and did not see him again till Christmas week, when we ust spoke as friends. Lambert is not his right name; I did not know he had taken that name.
Several previous convictions were proved.
Sentence, 18 months' hard labour.
Mr. MacMahon prosecuted.
Detective-constable GUY S. WALTON, City Police. On December 22, at 12.30 a.m., I was in Church Row, Aldgate. Gelmini was lying on the ground, being held by prisoner Ryan. Clarke and Wright were standing over him. I saw Clarke snatch this chain from the waistcoat of Gelmini. He also put his hand into his trousers pocket and drew some money from there, of which some fell into the carriage way. I then saw Wright put his hand into the vest pocket of Gelmini and take this watch. He also put his hand into Gelmini's other trouser. pocket and pulled out some money, of which a lot fell into the carriage way. I blew my whistle for assistance, and all three men got up to go away. I arrested Clarke, who immediately threw—this chain in the carriage way, and with the assistance of Police-constables Sharpe and Barnes the two other prisoners were arrested and taken to Bishopsgate Police Station. On being searched there this watch was found in the lining of Wright's jacket.
Cross-examined by Clarke. I arrested you at once. It was I who took you to the station. You put your hand in prosecutor's right-hand trousers pocket and took out some money.
Cross-examined by Wright. I saw Clarke steal the chain and put his hand in Gelmini's pocket afterwards. You stole the watch. The chain is broken, so is the watch.
Cross-examined by Ryan. I did not see the other two prisoners together previous to 12.30. No one shouted for the police.
Police-constable DYSON SHARPE, 27 C. I went to Church Row on hearing a whistle blown. I saw Wright and Ryan struggling with Walton. Wright was attempting to kick him. Some persons were helping prosecutor up from the ground. I have known prosecutor for years. Prisoners were sober. On the way to the station Wright began to feign drunkenness and continued to do so until the watch was found in his pocket at the station, when he became suddenly sober.
VITTORIO GELMINI , 32, Bishopsgate Street Without. Prisoners were strangers to me. I had not been drinking with them. At 12 midnight on December 22 I left 21, Aldgate, a sausage shop, where I had been talking to a friend about business, to go to Bishopsgate Street. I do not know what happened to me in Church Row. The public-houses were shut then. The last drink I had was in the "Three Nuns." These are my watch and chain. I had between £4 and £5 in money. When I got out of Church Row I had a few shillings left; no gold.
To Clarke. I did not see you steal the chain. I do not know what happened outside the public-house in Church Row. I do not remember being there at all.
Re-examined. I was fined next morning for drunkenness When I last had the watch it was not broken.
JOSEPH WRIGHT (prisoner, not on oath). You heard those two policemen's evidence. The detective said he found the watch in the lining of my jacket pocket. If you examine the jacket you will not find a hole in it. The largest piece of silver prosecutor had was a half-crown. A five-shilling piece was found in Clarke's pocket, which he offered in payment for drinks in one of the public-houses. That five-shilling piece was given him by a barman in Brushfield Street in exchange for five-shillingsworth of coppers. We met prosecutor in the "Three Nuns." He wanted to force his conversation on Ryan. He wanted to pay for drinks. We went out of that house. A young-man with a white jacket and white hat wanted him to go away; he would not, saying he was with some friends. We went across the road to have cigars and ale. We went from there to the back of Aldgate Church and stayed there till closing time. I remember no more about it.
Numerous convictions were proved against Wright and Clarke. Ryan has been bound over for assaulting a policeman.
Sentences: Clarke and Wright, each Three years' penal servitude; Ryan, 18 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Monday, January 16.)
Mr. Leycester and Mr. A. S. Carr prosecuted; Mr. Roome defended.
Mr. Roome said that his client was willing to plead guilty of an assault causing grievous bodily harm. Mr. Leycester said he was prepared, if his Lordship saw no objection, to accept that plea. Mr. Justice Grantham, after referring to the depositions, said he preferred that the case should be tried.
Mrs. PHŒBE REBECCA HUMPHREYS, 5, Welborough Street, Dalston. Annie Storer, my sister, was 39 years old; she was a charwoman. She had been living with prisoner for eight years at 44, Welborough Street; she had left her husband ten years ago. On December 21, at 8.30 a.m., I saw her lying on the bed half dressed. Her face was very badly bruised and she was crying with pain in the inside. I sent for a doctor and she was taken to Homerton Infirmary. I saw prisoner that night and asked him what he had done to Annie. He told me that he had struck her in the face, but not about the body. He said that she had hurt her inside about three weeks ago, in wringing clothes through a wringer.
MRS. MAUD SAYERS , coffee-house keeper, Hoxton Road Storer worked for me as a charwoman. About a fortnight before December 20 she had complained of very sharp pains in her stomach. She was always drinking.
GEORGE BAINES . I live at 44, Welborough Street on the ground floor; prisoner and deceased occupied the basement. On December 20, just before midnight, Storer came home, under the influence of drink, and a little later prisoner came in. Shortly afterwards I heard a sort of mumbling noise, in a woman's voice, and I heard a boy cry out, "Don't hit mummy."
Cross-examined. The mumbling went on for about half an hour; it did not sound angry. I did not hear a man's voice.
WILLIAM STORER . I am 11 years old, and lived with prisoner and my mother (Annie Storer). They slept in one bed and I in another, in the same room. On December 20 prisoner went to bed before midnight; mother came in at half-pasts 12. I was woke up by their quarrelling. I saw prisoner punch mother in the neck and then on the chin; she fell down on the bed, and then he punched her in the stomach. I called out to him, "Leave my mother alone." Mother was crying out, "Oh! my
stomach; oh I you cur!" When I got up at eight next morning prisoner told me to fetch my aunt Phoebe, and I did so. Prisoner and mother were both sober.
Cross-examined. Prisoner said that mother was going to throw the butter-dish at him; there was a butter-dish on the table where mother was. I do not remember seeing her take it up; I may have said before the Coroner that I saw it in her hand. Prisoner first hit her in the neck, and she fell with her face against the chest of drawers. He hit her more than once after that. Before this she had complained about pains at her heart.
THOMAS CAREY BARLOW , divisional surgeon. About midday on December 22 I saw Storer at her home. She was seriously ill with peritonitis; temperature 103; she had been vomiting; she said her pain was caused by a blow from prisoner. She told me she had had a strain the left side about six months previously through washing with a wringer or mangle. A strain of that kind would not account for the peritonitis. There was a general swelling of the abdomen; but she told me her pain was centred in her right side. I ordered her removal to the infirmary. I saw prisoner during my visit; there was no sign of drink about him.
Cross-examined. The depositions show that before the coroner and at the police court. I said nothing about the strain being on the left side; I am sure she did say it was on the left side. I agree that a strain may cause appendicitis, and appendicitis often leads to peritonitis. Appendicitis sometimes causes an abscess in the iliac regions; the intestines being matted together is a symptom of appendicitis. A large amount of pus in the peritoneum and about the abscess would indicate that the abscess had been forming for a fairly long time. If appendicitis and peritonitis were coming on it would be madness to take alcohol. I asked Storer whether she had been about her duties as usual since the time of the strain, and she said she had.
Sergeant WALTER BLACK, J Division. About 1 p.m. on December 22 I went to 44, Welborough Street, and saw Storer lying on the bed; prisoner and the boy were present. I told prisoner I had received information that Annie Storer was suffering from peritonitis, caused by a blow from him, which might result in her death, and I cautioned him. The woman said, "He was in bed and I aggravated him and he struck me just here," indicating the right side of the abdomen; "he was in drink at the time"; then, indicating her left side, she said, "I think the swelling was caused about three weeks ago at the wash tub." Prisoner said, "I was in bed when she came home about half-past 12 on Tuesday night; she aggravated me for about half an hour and then I struck her. as she threatened to strike me with the butter-dish; I am very sorry; she was as drunk as I was."
BERNARD SAXON SIMMONDS , house surgeon at Middlesex Hospital. Storer was brought in just after midday on December 22. She was suffering from acute peritonitis; she was in danger and an operation was necessary. On opening the abdomen we found the peritoneum acutely inflamed; the intestines were adherent to one another; there was a quantity of fluid all over the abdominal cavity; the appendix
was inflamed, and it was thought that that might be the cause of the trouble, so it was removed. There was a small hole in the small intestine and from that a quantity of intestinal contents had escaped. There was a quantity of pus forming an abscess. She gradually got worse and died on the 24th. The post-mortem examination discovered bruises on the right side of the jaw, on the left shoulder, and on the right side of the abdomen; these bruises were such as might be caused by blows with the fist. There were signs of old pleurisy; this had nothing to do with the death. In my opinion the cause of death, was peritonitis due to escape of intestinal contents through an opening in the wall of the intestine. The inflammation of the appendix might have existed a few hours or a few days. I do not think the condition I found could have been caused by a strain; it could have been caused by a blow given on the Tuesday night.
Cross-examined. I had been told that the woman had for some time complained of internal pain; the only thing I could think of which might have caused that pain was the condition of the liver, which showed fatty changes, which is consistent with chronio alcoholism; it was also consistent with approaching appendicitis. I agree that the most common cause of rupture of the intestine is perforation of an ulcer, but it may follow a blow. I do not know of a case of a strain perforating the intestine, unless there was some disease present. Peritonitis may be a product of appendicitis or of bursting abscesses.
Detective-inspector ERNEST HAIGH, J Division, proved the taking from Storer at the infirmary, when she realised that she was about to die, the following statement:" At about half-past 12 on Tuesday night I went home. William Blackholly, with whom I live, was in bed. I started jawing him. He got out of bed and hit me in the face. I do not know anything else. My little boy was there; he saw it all." On prisoner being formally charged with manslaughter prisoner said, "Yes, sir."
No witnesses were called'for the defence. Verdict," Guilty, under great provocation."
Mr. Justice Grantham observed, for the benefit of the Bar, that this was a good example of the advantage to an accused of having a case tried out upon the major crime charged, rather than having accepted a plea of guilty upon a minor charge. In this case, had it been disposed of upon the plea of guilty of causing grievous bodily harm, the Court could only have dealt with it upon the information furnished in the depositions, and it was quite probable that the sentence for the minor offence would have been heavier than that which would now result, when, after all the facts had been investigated, the jury had appended to their verdict a recommendation to mercy.
Sentence, Six months' hard labour.
Mr. Leycester prosecuted.
Sentence, Five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Monday, January 16.)
HOLDAWAY, Hugh Pitt (36, clerk), and MARSHALL, William Thomas (48, clerk) , both unlawfully falsifying, making false entries in and omitting certain material particulars from certain books and accounts, the property of the New Inverted Incandescent Gas Lamp Company, Limited, their masters, with intent to defraud; both conspiring together to make false entries in and to omit certain material particulars from certain books and accounts, the property of the New Inverted Incandescent Gas Lamp Company, Limited, and to embezzle. and steal the moneys of their said masters; Holdaway feloniously embezzling the sums of £10, £10, £8 10s., £10 and £12, 2s. 6d., received by him for and on account of the New Inverted Incandescent Gas Lamp Company, Limited, his masters; Marshall feloniously em-bezzling the sums of £7 18s. 9d. and £16 11s. 5d., received by him for and on account of the New Inverted Incandescent Gas Lamp Company, Limited, his masters.
Holdaway pleaded guilty to the charges of embezzling, not guilty to conspiracy and falsifying; Marshall pleaded guilty to making false entries in respect of, and embezzling the sums of £7 18s. 9d. and £16 11s. 5d. The pleas were accepted by the prosecution.
Sentences, Holdaway, Ten months' imprisonment, second division; Marshall, Eight months' imprisonment, second division.
ROBERTS, William Standish , embezzling the several sums of 12s. 6d., 5s., and 2s. 6d., received by him for and on account of George Henry Champion and others, his masters; embezzling the several sums of 2s. 6d., 2s. 6d., 7s. 6d., 5s., 2s. 6d., 10s., 2s. 6d., 5s., £60 15s., £58 12s., £86 9s., received by him for and on account of George Henry Champion and others, his masters; having received £60 15s., £58 12s. and £86 9s., for and on account of the Merlimau Rubber Estates, Limited, and George Henry Champion and others, unlawfully did fraudulently convert the same to his own use and benefit; unlawfully concurring in making false entries in certain documents belonging to and in the possession of his said masters.
Mr. Muir and Mr. Harold Morris prosecuted; Mr. Huntly Jenkins defended.
The following transfer and registration clerks proved sending transfers with cash fees of 2s. 6d. each to the Merlimau Rubber Estates, Limited, in June and July, 1910, and produced corresponding receipts, all signed "W. 8. Roberts":—John Edwin Reginald Shaw, clerk to G. C. Howard, 16, Tokenhouse Yard, fees 27s. 6d.; William John Passmore, cashier to P. H. Roberts, 10, Drapers' Avenue, fees 17s. 6d.; (Cross-examined. I generally sent in cash—sometimes in P.O.'s); Edwin Bertie Kaye, clerk to Louis Tyrrell and Sons, Winchester
House, seven transfer deeds, cash 17s. 6d.; Reginald Wood, clerk to Browning, Todd and Co., 18, Old Broad Street, four transfer deeds, 10s.; Walter Harry Summers, clerk to Govett, Sons, and Co., 6, Throgmorton Street, three transfers, 7s. 6d. in cash; Barrington Huggett, clerk to De Zoete and Gorton, 27, Throgmorton Street, eight transfers, 20s. cash; William Spreckly, clerk to Lloyd and Ward, 3, Throgmorton Avenue, eight transfer deeds, 20s. in cash; William Raymond Brooks, clerk to Hichens, Harrison and Co., 25, Austinfriars, four transfer deeds, 10s. cash; Charles Peak, clerk to London, Clark and Co., Pinners Hall, seven transfer deeds, 17s. 6d. cash; amounting to £6 7s. 6d., receipts for which were signed by prisoner.
ARTHUR BENJAMIN JAY , secretary to R. G. Shaw and Co. I have examined and tabulated the amounts of fees shown to have been received in respect of the transfers registered of the Merlimau Rubber Estates, Ltd., from the counterfoil receipt books from April to Sep-tember, 1910, in the writing of prisoner and other clerks under his orders, showing a total received of £1,251 5s. The amounts paid in as shown by accounts produced in prisoner's handwriting amount to £689 5s. 6d., leaving a deficiency of £561 19s. 6d. The total transfers registered are 10,010, on each of which a fee of 2s. 6d. would have been paid, the fees paid in being those on 5,514 transfers.
Cross-examined. Prisoner came into the firm's employment nine months before I did; he was registrar in the transfer office. The other clerks would receive fees daily in large amounts. Prisoner may have made small disbursements for stationery, etc.; he would ordinarily hand in a voucher and receive the amount from the cashier. The examination of the accounts involved going through a large number of documents.
FRANK ARTHUR SMITH , clerk to R. G. Shaw and Co. I acted as secretary for the Hayoep Rubber Estates, Limited. On October 5 I received letter from prisoner (produced) stating that he had received £4 14s. 6d. in respect of the Hayoep Company. He afterwards handed me that money.
BERTRAM DUDLEY KENT , head cashier to R. G. Shaw and Co. Prisoner's position was that of transfer clerk—he had charge of the transfer department and had to receive the fees for transfers lodged. The boom in rubber began at the end of 1909, and towards the summer of 1910 prisoner had several other clerks under him, who would receive transfer fees, which they should hand to him and which it was his duty to pay in to me. On April 27 he paid me £94 17s. 6d. as per statement in his own handwriting (produced). In September I asked prisoner for a statement of the number of transfers he had received as against the fees paid in to me. He got some figures out, which showed a deficiency of about £800; he said he could not account for the difference. I asked him three or four times afterwards, but he was unable to give me any explanation.
Cross-examined. Prisoner never disputed that my figures were right or that he was responsible for the deficiency. During the boom there was an enormous rush of business.
Cross-examined. There was no particular time when prisoner had to give account of the moneys received—he did it when he had time to make out his account.
GEORGE HENRY POYNTER BOWES, FRANK LIONEL ADAMS, ARTHUR GEORGE KNOCKELS, CHARLES FRANCIS WANDELER, EDWIN COMAN , and EDWARD HENRY WILLIAM MARSH, clerks in the transfer department of R. G. Shaw and Co., stated that they were under the prisoner, that they received fees for transfers delivered, and that all moneys received had been handed to the prisoner at the close of the day.
(Tuesday, January 17.)
ROBERT HOWIE PORTER , partner in W. S. Ogle and Co., 90, Cannon Street, chartered accountants. On September 20 I checked the number of transfer deeds received by R. G. Shaw and Co. in respect of the Merlimau Rubber Estates, Limited, and found there was a large shortage in the amount paid in to the cashier. On September 28 prisoner told me that he had been checking the amount receivable with the amount received and found a shortage first of £400 and then of £600. I suggested he must be wrong in his figures. He said he had carefully checked it and he could not account for the deficiency. I ultimately found that the amount deficient was £933.
Cross-examined. The first intimation of shortage came from prisoner.
GEORGE HENRY CHAMPION , partner in R. G. Shaw and Co. The Merlimau Rubber Estates, Limited, was floated in September, 1909. My firm was appointed secretaries of that and some other rubber companies. That entailed additional work and prisoner was engaged as temporary clerk in September, 1909. In December he was appointed transfer clerk and registrar at a salary of £120; subsequently other clerks were employed under the prisoner. During the rubber boom, which extended to the summer of 1910, a very large number of transfers were handed in, the fees of those coming from London being generally in cash handed over the counter. About September 20 Kent made a communication to me and I told prisoner to prepare a statement of the number of transfers received and the account of fees. On September 27 I asked him if he had the list and insisted on the statement being prepared by 5 p.m. that day. It was not done. The next morning prisoner wrote me letter produced, stating that he had been unable to account for the deficiency in the transfer fees. I then saw Mr. Porter. On September 29 prisoner came to see me and said he could not account for the deficiency. I told him instead of the deficiency being £600 it was over £900. He said that there must be some mistake and suggested that the numbers of the transfers had been jumped from 1,000 to 3,000. I told him to go and check the numbering, which he did and told me there was no
mistake. I again saw him on October 20; he protested his innocence, but offered no explanation. On October 24 prisoner wrote, stating that he had been calling at my office about three times a week, and also on the solicitors, and offering to explain any charge which might be brought against him. The matter was then in the hands of our solicitors, and they wrote to him inviting him to call and make any explanation he could. No explanation was made.
WILLIAM STANDISH ROBERTS (prisoner, on oath). I entered prosecutors' service on September 23, the day the Merlimau company went to allotment, as temporary clerk, at £100 a year, which was subsequently increased to £120. I opened all the ledger accounts. About January 1, 1910, I became the head of the transfer department. I received frequently 150 letters a day containing transfers for registration and postal-orders, which I handed to clerks under me to deal with. During the day an enormous number of transfers were handed in, the fees for which were generally paid in cash and handed to the other clerks, who would put the money in their pockets and hand over to me the amount received at the end of the day. All the money which I received was handed over by me to the cashier. There is undoubtedly a large deficiency. I am unable to account for it. I am innocent of embezzling any money whatever from the prosecutors. I received the summons on December 5, 1910, and appeared at the Guildhall on December 6. It was put to me that I could plead guilty to a charge of embezzling £2 12s. 6d., and have the case settled straight away, but I declined to do so, and was committed for trial, being released on my own recognisances. Out of the money I received I made certain disbursements for Indian transfers on which fees had to be paid by us.
Cross-examined. I first informed Mr. Champion and Mr. Porter about the deficiency. Kent had asked me to make a statement, and I told him I could not agree with the figures. I do not suggest that the disbursements made by me would have been any appreciable portion of the £933 shortage.
Verdict, Guilty, with a strong recommendation to mercy on account of the loose manner in which the prosecutors' business had been carried on.
Sentence, Six months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 16.)
RAYMOND, Thomas (30, hawker), WRIGHTON, Thomas (23, carman), and GOODSPEED, Charles Henry (23, labourer) , burglary in the dwelling-house of James Sprankling and Stearing therein seven silver chalices, one silver case, and other articles, his goods; breaking and entering St. George's Cathedral and stealing therein two candle-sticks, the goods of James Sprankling.
Mr. H. T. Wright prosecuted.
Raymond and Wrighton pleaded guilty.
JAMES SPRANKLING , Canon of St. George's Roman Catholic Cathedral, Borough. On the night of December 11 everything was in order at the cathedral house. Early in the morning of December 12 I was called there and found a grating had been removed, enabling some persons to get below and remove a window from a bedroom in the basement. They gained entrance that way. I then went to the offices on the first floor, where I found that the drawers had been ransacked. From a box in an adjoining room a modern chalice had been removed. I identify that chalice. It has been quite destroyed. I then went to the apartment occupied by the Bishop on the second floor and there I found a large case had been broken open and a great number of things of great historic value stolen. I identify the whole of these remains as part of my property. They have been absolutely destroyed.
Divisional-inspector WILLIAM EUSTACE, L Division. On Decem-ber 13 from information that I had received I went to the "George and Dragon" and found Goodspeed there. I said to him, "My name is Cohen. I am a dealer. Have you got anything in my line?" Goodspeed said, "I have not got the stuff; two chaps I work with have got it. It is good stuff. There are three chalices; some of them have got foreign writing on; there is a gold signet ring with a little stone in it; there is a medal from the Crimea with the name on the rim; it is all antique, good, heavy stuff. They would have had more only I did not go with them; I promised to, but I did not go. There are two safes there, and if I had gone we should have done them. They did not know where to do the stuff in so they asked me to find a buyer. The stuff is worth £20. I will find them and get the stuff. Do not forget to save me a corner. We are all living at the "Bottles." The "Bottles" is a lodging-house. I said to Good-speed, "Do you know where the stuff came from?" He said, "Yes, St. George's Cathedral." I said, "Did you see last night's evening paper?" He said, "Yes, that is the stuff." I arranged to give them £20 for the stuff and give him a corner of £2, and he left to find them. I said I would be there again at 6 p.m. the following day. Next day I was at the "Mitre." The other two prisoners came in. They had the property and I arrested them. They were evidently expecting someone to be there, but not me. I told them they would be charged with being concerned together in breaking into the Cathe-dral and stealing chalices, medals, and other things. Raymond said, "You have not got us with your own cleverness. You won't find any-thingon me; he has got it all," meaning Wrighton. Wrighton said "All right." Next day I saw Goodspeed. He was brought to the station by Sergeant Ward. Goodspeed looked at me and said, "I know the gentleman now; he said his name was Cohen. I had nothing to do with breaking in. I admit I tried to sell the stuff. I was glad to earn myself a few shillings and I did not care whether I did right or wrong." None of the stuff was found on him.
Cross-examined by Goodspeed. I have seen you in the company of the other prisoners on several occasions. You were introduced to me by a man named Batten. I gave you a shilling each.
Detective-sergeant ALBERT WARD, L Division. On December 15 I saw Goodspeed in Lambeth Road. He gave his name in reply to my question. I told him I was a police officer and should arrest him for being concerned with two other men in custody in a burglary at the Bishop's house. He said, "I do not know anything about the burglary. I know Raymond and Wrighton were caught to-day with the things." I said, "Cohen, that you had a conversation with on Tuesday, is a detective-inspector." He said, "I do not know anything about Cohen." I took him to Kennington Road Police Station. Inspector Eustace came into the charge room. I said, "This is Mr. Cohen "; he said, "Oh, yes, I remember that gentleman now." On the 15th, when prisoners were all together at the back of the hall, Raymond said in the hearing of the other two, "We are going to plead guilty." Pointing to Goodspeed, he said, "He knows nothing about the burglary; we done the job; he wasn't there."
Called upon for his defence, prisoner handed in the following statement: On December 14 I overheard a conversation that two men named Wrighton and Raymond had some silver to sell, so I tells a man named Batten, and he says, "You will find a man to buy it." He said he would meet me at Vauxhall at 5 o'clock with the man who would buy the silver. That man was a police officer. I explained to him, saying as I heard in the conversation the officer said he would buy the stuff. I said it must be good stuff. There are three chalors (sic) and a gold ring and a Crimea medal and several other things. I said I will try and find the men and bring them to you. With that the officer gave me and Mr. Batten 1s. each, and then we parted. I could not find the two men, so I did not trouble any more about it. On the 15th I was taken into custody myself, and at the police station I saw the officer I told about the things that were stolen. I never saw the things before until I was in court. I did not know anything about the robbery until I saw it in the evening paper. That is all I know about the affair.
Verdict, Goodspeed, Guilty of being an accessory to the robbery and of receiving the goods. Raymond was then charged with being a habitual criminal. Inspector GEORGE HARTNELL, V Division. I produce certificates for two convictions, December 9, 1895, at this court, 13 months' hard labour, burglary, in the name of Thomas Ray; February 6, 1906, North London Sessions, 21 months, burglary.
Detective-sergeant JOHN BEARD, L Division. I was present at South London Sessions, May 20, 1908, when prisoner was sentenced to three years' penal servitude, burglary, two cases. He came out August 23, 1910. I have seen him a number of times since. He is the constant associate of convicted thieves. He is supposed to have been born in
1879. He said he had done work in the country. We have inquired and sent photos to the people he referred us to. They reply that they do not know him.
Inspector EUSTACE, recalled. I produce the notices served on prisoner.
Sentences, Raymond, Three years' penal servitude and Five years' preventive detention; Wrighton, 20 months' hard labour; Good-speed, 18 months' hard labour.
TAYLOR, John Bismarck (47, clerk), obtaining by false pretences from Gertrude Evans six postal-orders for the payment of £1 1s. each, with intent to defraud; obtaining by false pretences from George Smith Daly Welch, Limited, certain moneys, amounting to £37 0s. 11d., with intent to defraud.
Mr. Rooth prosecuted.
GERTRUDE EVANS , 7, Upper Belsize Terrace, Hampstead. I saw the following advertisement on page 3 of "The Universe and Catholic Weekly": "Catholic Self Help Society; President, His Grace the Duke of Norfolk; £4 for 18 days' pilgrimage to Rome; all Catholics desirous of joining should send addressed envelope to John Chapman, Hon. Secretary, 4, Duke Street, W.C." My sister and I sent six postal-orders £1 1s. each. That was acknowledged on October 13. On October 15 I received a further letter. I have heard nothing since. I have not received my money back. Receiving no communication, I made inquiries at 4, Duke Street. I found that was a place for receiving letters. There was no Catholic Self Help Society or John Chapman there.
EDWARD HAROLD DODRELL , manager, "Universe and Catholic Weekly." On October 6 I received a letter, "Please insert advertisement enclosed in your next issue. At the present moment I do not know whether we shall require two insertions. Space two inches.—Respectfully yours, John Chapman, 4, Duke Street, W.C."
Cross-examined by Prisoner. I saw you first at the police court. I said there that I inserted the advertisement after making inquiry. The gentleman I inquired from thought he had heard of the society, and that the John Chapman was the Rev. John Chapman, of Ordington, near Birmingham.
CLEVELAND PHILLIPS , 4, Duke Street, Adelphi. I am proprietor of the International Letter Bureau. I first saw Prisoner at Bow Street. There is no Catholic Self Help Society or John Chapman at 4, Duke Street. I received a letter of October 10, signed John Chapman, Self Help Society, Secretary, asking me to receive letters addressed to that society. The letters I received were forwarded to him. On October 11 he wrote, "I have noted your remark, but at the moment I am quite undecided whether our self help scheme will become popular. I will call and see you probably next week," etc. He never called. On October 12 he wrote, "Should anyone call respecting interview, would you mind asking him to supply name and address and reason for desiring interview," etc. That was written in answer to a letter from
me. I wanted to know something about him and wanted him to call. On October 16 he wrote asking me to forward replies by bearer. The messenger who called took them away.
To prisoner. I received a letter from John Chapman, 73, St. Mary Axe, about October 3. I wrote him not more than twice. Those letters were not returned. I will not swear I did not receive a telegram from him.
PERCIVAL GEORGE GALE . 151, Brigstock Road, Thornton Heath. I am in the Duke of Norfolk's office. I do not know prisoner. I never heard of the Catholic Self Help Society. We do not know that the Duke is president of that society. If it was desired to make use of the Duke's name in connection with a pilgrimage to Rome the request would pass through our office. We cannot trace any such request.
WALTER HENRY JONES , manager, Farrow's Bank. I know prisoner as John Bartholomew Chapman, of 73, St. Mary Axe. On October 13 he applied to me to open an account at our bank. He filled up a form and, on asking for references, he gave the names of A. N. Cohen, 23, Lower Belgravia, S.W., and Major P. Pizzy, 78, Brixton Road, S.W. He signed the form. The replies we received were satisfactory. I did not appreciate when we wrote to the references that the addresses were respectively a newspaper shop and a confectioner's. I have seen Cohen's letter and the application form. In my opinion, they are the same handwriting. Mr. Pizzy's letter is in typewriting.
To prisoner. I identified you at Bow Street. I said, "That is the man." I won't swear I did not say, "I think this is the man." It is unusual for a man who has a banking account to open another in a different name. I wrote to John Chapman, 73, St. Mary Axe, saying his references were satisfactory.
MARY AGNES YOUNG , 23, Lower Belgrave Street. I manage a newspaper shop. No Mr. Cohen lives or has lived there during the past year. Prisoner called about the beginning of October and asked if he could have letters addressed to the shop in the names of Cohen and Pizzy. Letters were received in both names. He called about six times, I should think.
ANNIE ALSFORD , 78, Brixton Road, confectioner. Prisoner called early in October. He said, "Can I have a Jetter addressed here?" I said "Yes, in what name?" He spelt it, Pizzy. A letter came addressed to Major Pizzy. Prisoner called for it. He gave the name of Pizzy.
WALTER HENRY JONES , recalled. I have compared the handwriting of Exhibits 1 to 15 with the application to open the account at Farrow's Bank. In my opinion, the writing is similar in all but two, Exhibits 11 and 13.
Sergeant ALFRED CRUTCHETT, E Division. Upon instructions I followed a telegraph messenger boy on October 20, about 3.30 p.m., from Bow Street to Fleet Street post-office. The boy handed a packet to the lady assistant there. I waited. Prisoner entered about 3.40 p.m. The lady handed him the packet. He left; I followed and spoke to him. I said, "I am a police officer and I believe you are
in possession of a packet containing letters addressed to John Chapman, 4, Duke Street. I suspect that a fraud is being perpetrated with reference to the Catholic Self Help Society and I shall require some explanation from you as to the possession of those letters." The prisoner fainted. When he recovered he said, "I am not doing this for myself; I am working for another man, whom I am going to meet at 6 o'clock outside the G.P.O." I thought there might be some truth in it and said, "Very well, I will accompany you there." We kept observation there till 8 p.m., when he said, "I do not think there is any use in waiting longer. The man will not come now, but I know for certain where I can find him in the morning. He has letters addressed to 13, Swallow Street, Regent Street." I said he had better come with me to Bow Street. He accompanied me there. He gave me his name as John Bismarck Taylor, 13, Crewdson Road, Brixton. We satisfied ourselves that he lived there and, on his promising to meet me next morning, he was allowed to go. He kept the appointment and I accompanied him to various places in the West End. We failed to find the man. Prisoner said he could tell me all about him and that his name was Fisher. I said if he wished to make a statement he had better come to Bow Street, where the statement would be taken down and he could sign it. This statement is: "October 21. On the 17th I met a man whom I had known six months, Edward Fisher; he knew I was out of employment and told me he had a situation he thought would suit me. He showed me the advertisement he said he had inserted in the 'Morning Post, 'as follows,' Wanted a representative or clerk for society.' Apply, Box, 'Morning Post.' He told me he was honorary secretary to a society and that its objects were to assist Catholics in pilgrimages to Oberammergau, Rome, and the Holy Land, and that he had £140 that he had received from wealthy Catholics to carry on the work," etc. He was allowed to go. By November 2 we had compared the handwriting, and in consequence applied for a warrant. We arrested him on November 2. When the warrant was read over to him he said, "I am not Chapman and do not know anything about it." When formally charged he made no reply.
HERBERT HENRY GOWER , cashier, George Smith Dalby Welch, Limited, Gresham House, E.C. About August 20 I received a telephone message from a Mr. Cohen, Lower Belgravia, and a letter stating that prisoner would suit Mr. Cohen and he was to start work. I think we sent six letters at least to Mr. Cohen.
Cross-examined. I never saw Mr. Cohen or his handwriting. We understood prisoner was asking for Cohen. Prisoner was in the same employment as myself. I knew him in the name of J. B. Taylor. We had only prisoner's word that Cohen existed at all. We received a letter from Cohen asking for further assistance. We sent another clerk. We have paid prisoner for work done for Cohen about £37.
Mr. FREDERICKS, clerk to George S. Smith and Co. Between August and October I did some work for a Mr. Cohen. I posted letters to him about three times. Prisoner gave me the envelopes.
Cross-examined. I was sent to do work with prisoner. He brought the work and said Mr. Cohen wanted it done. I never saw Mr. Cohen. G. S. Smith paid me for the work. (To the Judge) We did the work in the public library at the Patent Office.
JOHN BISMARCK TAYLOR (prisoner, not on oath). I have no evidence to give. I am indebted to the police for most of the information. Each time I have appeared at the police court I have heard things that I did not know before. I helped the detectives all I could to discover the man who engaged me, and if you follow the evidence that has been given this morning you will find I do not figure in it at all. There is no evidence before the Court that I cashed the order Miss Evans referred to. I did not know the scheme was a fraud; I thought it was genuine. When the bank manager came into the cell he said distinctly, "I think this is the man." You would say that, if you had not seen me for two years, but if you saw me recently you would say, "That is the man." Is it likely I would go into the very bank where I have a banking account and open another in another man's name in such a short time? I have seen the manager many a time, but not during the past two years. I am not guilty. I am not Chapman.
Verdict, Guilty. Previous convictions were proved.
Sentence, 18 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Tuesday, January 17.)
BISHOP, Edward (26, shoemaker), was indicted for an abominable crime with Rose Keeble ; attempting to know Rose Keeble, a girl above the age of 13 and under 16 years (15 1/2); attempted rape upon Rose Keeble. He was tried on the first indictment.
Mr. Clarke Hall prosecuted.
Twenty-one previous convictions were proved, the charges including burglaries, assault on constable, and wounding.
Sentence, 10 years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 17.)
WEATHERLEY, John (21, postman) , stealing a postal packet containing a postal order for 7s., the property of His Majesty's Post-master General, he being an officer of the Post Office of the United Kingdom.
Mr. Forster Boulton prosecuted, Mr. Percy Oliver defended.
Mr. Forster Boulton opened the case.
(Wednesday, January 18.)
PHILIP CAMBRIDGE , High Street, Poplar, hairdresser. On October 3, 1910, I wrote a letter to my brother Charles, who lives at Cambridge, enclosing a postal order for 7s., of which I produced the counterfoil and posted it at King's Street, Poplar, Post Office between 7 and 7.30 p.m. Envelope produced is not in my writing.
Cross-examined. I left business at seven, or a few minutes afterwards, and immediately posted the letter, the post office being close to my shop.
SARAH EMMA SHACKLES , sub-post-mistress, Limehouse (near Church) Post Office. The postal order for 7s. produced corresponds with counterfoil produced. That postal order was presented to me for payment on October 31, 1910. between 7.45 and 7.50 p.m. by the prisoner. I noticed he wore his uniform with the coat collar turned up partly covering his number, of which the figures "1" and "2" were visible. Several postal orders had been reported to be stolen and I had received certain instructions. On November 30 at the G.P.O. out of six or eight postmen in uniform with their collars turned up I picked prisoner out without hesitation.
SELINA PATON , assistant, Limehouse (near Church) Post Office. On October 31 I was present when postal order for 7s. was presented by prisoner in uniform. On November 30 I picked him out from a number of others and have no doubt he is the man.
Cross-examined. I believe one or two of the others had moustaches. I picked out prisoner at the first glance. I knew him before, as I have repeatedly seen him at the postmen's office, which is near mine.
HARRY COSSER , overseer, Poplar-Sorting Office. Prisoner is employed at my office as assistant postman. On October 31 it was his duty to make the 7.20 collection at the Poplar branch office. It might be made a few minutes later. Prisoner's number is "1231," which appears on each side of the collar band of the coat. Prisoner having made the collection would bring the letters into the sorting office and face them for stamping. Envelope produced addressed to Charles Cambridge. Lindhurst Cross, bears the post-mark "Bow, 1st Nov., 12.15 a.m." Prisoner lives at Perring Street, Bromley-by-Bow. The distance between Limehouse (near Church) Post Office and the Poplar branch is about four minutes' walk. The next collection after 7.20 is 8 p.m.
EDWARD JOSEPH STRATFORD , clerk in secretary's office, G.P.O. On November 29 I saw prisoner at the Poplar Sorting Office, told him I was making inquiries with regard to 7s. postal order (produced), and
cautioned him. I said, This postal order is stated to have been enclosed in a letter posted in the letter-box outside the Poplar branch office at about 7.30 on October 31 last. You should have made the collection from that box at about 7.20. The order was cashed at the Limehouse (near Church) Post Office at 7.45 p.m. by a postman in uniform whose number began with the figures 1 and 2. You are the only officer on duty at Poplar whose uniform number begins with those figures and who could have had access to this letter. The letter was received the next day in a different envelope bearing the Bow postmark and you live in that district. Do you wish to say anything about it?" Prisoner replied, "I know nothing about it whatever." I said, "Are you willing to be put up for identification by the paying officers at Limehouse Post Office?" He said, "Yes." On November 30 I was present when Shackles and Paton separately picked prisoner out from about eight other uniformed postmen, who had their collars turned up so that no numbers were visible.
Cross-examined. I knew that Shackles and Paton had described the man cashing the order as a clean-shaven man. I did not notice whether the others put up with prisoner all wore moustaches. I did not Arrange the identification. On November 29 I told prisoner that a test letter had been placed among his delivery, and asked him whether he had delivered it. He told me that it was addressed to Tom Goddard, 62, Pigot Street, Limehouse, and that finding the house empty he had delivered it to 41, Stainsbury Road, where Goddard had removed. I afterwards found that to be correct. Prisoner was searched and his house was searched; nothing suspicious was found.
PERCY WHITE , detective, Metropolitan Police, attached to the G.P.O. Prisoner was given into my custody; he made no reply to the charge. I was present at the identification. Eight other postmen in uniform, of similar build to prisoner, and with their collars turned up so that the numbers could not be seen, were put up with him. Paton and Shackles picked prisoner out.
Cross-examined. I recovered the test letter and found that what prisoner had said was true. I asked him to write, which he did. He was perfectly willing to be searched. I did not tell the officer arranging the identification that the man changing the order had been described as clean shaven. Prisoner was asked if he was satisfied to be put up for identification with the others. I think it would have been fairer if all those put up had been clean shaven men.
Prisoner's statement before the magistrate: "The letter was posted. about 7.30. I collected the box at 7.20, therefore it makes the despatch ten minutes later going away from our office. I should like to know why I was put up for identification with fellows with full-grown moustaches, when the officials at Limehouse (near Church) Post Office, say the man who cashed the order was a clean-shaven man."
31, at 7.20 p.m., I cleared the box, carried the letters, with the bill of the registered letters, into the sorting office, faced them on the table for stamping, left the office at 7.50 p.m., and went home. On November 28 I had a letter in my delivery for Tom Goddard, 62, Pigot Street. I found the house empty, and delivered the letter at 41, Stainsbury Road, where the people had gone. The same evening I was spoken to by Stratford. I was quite willing to be searched and to be put up for identifycation. Seven or eight others were put up with me—none of then, were clean shaven. I have been in the post office since leaving school—five years as telegraph messenger and two years as assistant postman. I have never seen envelope (produced); it is not my writing. I did not steal the 7s. postal-order, nor cash it at Limehouse (near Church) Post Office.
Cross-examined. I first heard that inquiries were being made about this 7s. postal-order from Mr. Stratford. I am sure I cleared the box at 7.20. I was relieving a man off duty when I made the collection. I am sure there were no clean-shaven men put up with me. I did not object to the men—there was no time. I said I was satisfied.
Sentence, 12 months' hard labour.
BEFORE JUDGE RENTOUL.
(Tuesday, January 17.)
Sentence, 12 months' hard labour, to run from commencement of last Sessions.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, January 17.)
Mr. Herman Cohen defended; Mr. Clarke Hall defended.
WILLIAM JEFFREYS , 10, Wilmington Place, Clerkenwell. On December 12 about 6.15 p.m. I was standing outside Sadler's Wells Theatre, Where I am attendant. West was pushing a truck towards the "Angel." Ten or 20 yards behind prisoner was driving a pair-horse trolley at nine or ten miles an hour. He drew in to the near side kerb. He did not attempt to draw up, and that drew my attention to him. I shouted out "Whoa" two or three times and at the same time rushed at the near side horse's head. Before we could stop the van the near fore wheel knocked West down and went over his arms. A
tram was 40 yards behind coining at a slow pace. When prisoner got off his dicky I thought he was drunk.
Cross-examined. I did not say at the police court the man was drunk; I was not asked.
Police-constable ALFRED GEORGE, 272 G. At 6.30 p.m. on December 12 I was called to the accident. I saw prisoner standing on the footway; he was unsteady and appeared to be dazed. In my opinion he was drunk. I took him into custody. At the station he was charged. He denied that he was drunk.
Cross-examined. He had the appearance of a drunken man. I could not get him to say how the accident occurred at first. I suppose the accident would be a shock to anybody.
R. H. CAUNTER, divisional surgeon, G. Division. I arrived at the station about 7.30 p.m. I saw prisoner there; he was drunk. I made him walk and talk, and examined his eyes. The eyes had that peculiar appearance which is characteristic of drunkenness—dilated pupil and general glassy appearance. He could walk fairly steady in a straight line, but at every turn he made he lurched. His words were blurred. He was not fit to be in charge of horses.
Cross-examined I say he could not turn; he could not talk properly, and he had the drunken condition of eye which is so characteristic to the trained observer. These symptoms were sufficient for my diagnosis. I did not examine anything else. He had a curious galt; I thought he was bandy-legged. That might to a certain extent account for his unevenness in gait, but in this case his gait was fairly even when he walked straight, but he lurched on turning. Turning would put a strain on the ankle. He was fairly articulate. Pathologically some pupils are not much more glassy than others.
Dr. MARTIN COOMBES, house surgeon, Royal Free Hospital. George West was brought in about 7 p.m. on December 12. He was in a condition of great shock; bruised on all four limbs; his right arm was broken. He is an in-patient still.
(Wednesday, January 18.)
WILLIAM GEORGE WEST , 99, Park Lane, Stoke Newington. I am an auctioneer's porter. On December 12, at 6.15 p.m., I was pushing a truck opposite Sadler's Wells Theatre, towards" The Angel." Something pushed me from behind, and I fell down and the horses trod, on me. The front wheel went over both my arms. I was taken on an ambulance to the hospital. I was near the kerb. I heard a shout before the accident happened.
Detective-sergeant CHARLES WESLEY, G Division. I saw prisoner at the police station at 9 p.m. on December 12. I told him he would be further charged with causing grievous bodily harm to George West. He had previously been charged with being drunk in charge of a pairhorse trolley. He said, "Do you mean the man with the barrow on the road." He seemed to be recovering from the effects of drink.
GEORGE EDWARDS (prisoner, on oath). I have been employed by Ridley, Whitley and Co. eight years and before that by their contractors 13 years. I started work on December 12 at 8.30 a.m. I had only three glasses of beer that day, one at Tottenham about 9.15 a.m., one at dinner, and the third at 25 past 4. I was going up Rosebery Avenue at about five miles an hour; my horses are too heavy to go faster. I dare not drive them faster or they would drop in the road. I would be stopped by the police rattling along the road with heavy horses like those. I was coming along the tram road; I could hear the tram dinging behind me. I pulled to the left. I heard as hout and, before I could discover what had happened, the man was knocked down. Someone ran to the horses and tried to stop them. It was raining at the time. I got down immediately, as the man said, "You had better get down and see what you have done." I got up again. I work 16 hours a day, sometimes 17. The police surgeon who examined me said I had got a cataract on my left eye.
Cross-examined. The cataract does not affect my driving. It has been coming on 12 months. The firm's foreman knew it. I cannot see that the accident was anybody's fault.
Dr. CAUNTER, recalled. Possibly I told prisoner he had a cataract; I do not remember. It is said that a cataract lessens the field of vision by one-eighth.
Mr. W. K. WHITLEY and SIDNEY WRIGHT, foreman to Ridley, Whitley and Co., said prisoner had always borne a very good character and that there was nothing whatever against him.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 18.)
Mr. G. Gregory Fisher prosecuted.
FRANK MILLER , 156, Dunk Street, Mile End, baker. On December 16, at about 10 p.m. I was in Wentworth Street, when three fellows came at my back, put me on the pavement, and put their hands in my overcoat pocket. The policeman came up and they ran away. They did not hurt me. I do not identify them.
Police-constable FRANK GROVES, 415 H. On December 16 at 11.45 p.m. I was in Wentworth Street when I saw Twoney holding the prosecutor on his back on the pavement, Smith was searching his pockets, Campbell stood in the roadway looking on. As soon as the prisoners saw me they ran off towards Lolesworth Street Buildings; I caught Twoney in the buildings; Police-constable had gone into
Wentworth Street and tripped up Campbell, but he got away. On December 23 I identified Campbell out of nine others.
Police-constable FRANK COVENEY, 187 H. On December 16 at 11.45 p.m. I was at the corner of Commercial Street and Wentworth Street, when I saw the three prisoners (whom I knew) run away from prosecutor, leaving him on the ground. They went into Lolesworth Street Buildings. Police-constable Groves went into the buildings, I ran to the other entrance, when Smith and Campbell ran out. I caught Smith at George Yard. I tripped up Campbell, but he got away.
Detective JOHN STEVENS. On December 23 about 6 a.m. I went to 48, Ducat Street, Stepney, where I found Campbell in bed in the first floor room. I woke him and said, "Bob, you know me?" He said, "Yes." I said, "I am going to take you in custody for being concerned with two men in a case of assault and robbery in Spitalfields a couple of nights ago." He said, "How do you know it was me, I was not there—you cannot say it was me." He then dressed and I told him he would be put up for identification and have a fair chance; if he was picked out he would be charged, if he was not picked out he would be a llowed to go. He said, "Well, you will have to prove I was there." He was taken to Commercial Police Station, put up with five other men and picked out by Police-constables Groves and Coveney.
Statements. Twoney: I was not concerned in it. Smith: It was a case of mistaken identity. Campbell: I was not in their company.
PHILIP PATRICK NORMAN TWONEY (prisoner, on oath). On December 16 at seven p.m. I left work, went into a coffee shop, had some tea and paid my lodgings, and was in the "Carpenter's Arms" in Wentworth Street from 8.30 till 11.50. When I came out I saw some men running and I followed them into Lolesworth Street Buildings, when the constable caught hold of me. I asked him what he wanted. He said, "You will know when you get to the station." I had not seen Smith or Campbell that night.
Verdict, All Guilty.
Smith confessed to having been convicted at West London on May 25, 1909, receiving one month's hard labour for stealing bottles. Two other short sentences were proved.
Campbell confessed to having been co oted at this court on May 29, 1905, receiving three years penal servitude for robbery with violence, after ten previous convictions for burglary, stealing, etc., commencing in 1894. On December 17, 1907, North London, 23 months' hard labour and license revoked, for attempting to steal from the person; released February 9, 1910.
Twoney confessed to having received seven days on December 10, 1903, for unlawful possession; stated to have been working for several years as a market porter with a good character.
Sentence, Twoney nine months' hard labour, Smith 12 months' hard labour, Campbell four years' penal servitude.
CAMPBELL, Douglas (38, schoolmaster) , obtaining by false pretences the sum of £2 2s. from Henry Walker, the sum of £2 2s. from George Edward Coward, a valuable security, to wit, a banker's cheque of the value of £2 2s., from Ethel Leader, a valuable security, to wit, a banker's cheque of the value of £2 2s., from Agnes Mary Ferguson, and a valuable security, to wit, a banker's cheque of the value of £2 2s., from Emily Garrod, with intent in each case to defraud.
Mr. Leycester and Mr. Oddie prosecuted; Mr. Huntly Jenkins and Mr. H. D. Roome defended.
THOMAS ANTONY BELL , grocer's assistant, 19, Vernon Road, Leeds. Prisoner with his wife and two boys of about eight and ten years of age lodged at my house from May 30 to August 9, 1910, occupying two furnished rooms at 18s. a week under the name of "Campbell Rennie."
HORACE AINLEY DUNN , clerk to Massie, The Chambers, Park Square, Leeds, solicitor. On July 12, 1910, prisoner took a lease of an office in our building for five years at £35 a year under the name of "Campbell Rennie, retired lieutenant H.M. Navy." He stayed until July 29, when he left at our request. The name of Logan and Co. was put up on the window and on the brass plate.
Cross-examined. He was generally there from 10 to 4. I found a lot of correspondence when he left.
GEORGE WITHERS , owner of 5, York Buildings, Adelphi, Strand, W.C. In August, 1910, I advertised an office at 5, York Buildings, and received letter produced from "D. Campbell," of 19, Vernon Road, Leeds. On August 8 I met prisoner at the office and he agreed to take for one year the two rooms at a yearly rental of £42. He remained in occupation until his arrest. The name of Douglas Campbell was put up. Prisoner was arrested on November 5, before rent had become due.
GERTRUDE WARD , widow, 4, Russell Street, Brixton Road. Prisoner, his wife and two boys, occupied two furnished rooms at my house in the name of Rennie from August till the end of September, 1910, at a rental of 14s. a week. No one of the name of Major Scott or Tyack lived at my house. About September 28 I witnessed the signature of "Florence Rennie" and "Summerbell Rennie" to agreement produced. I did not see the signatures written, but prisoner and his wife were in the room.
Cross-examined. Prisoner lived in a quiet and modest way and was regularly away from 9 a.m. to 5 p.m.
afterwards wrote proposing to take that house at £40 a year for three years, giving references to Douglas Campbell, 5, York Buildings, Adelphi, and A. H. Cadman, 15, Ascot Road, Tooting. I received letter produced from Douglas Campbell, stating that Mr. and Mrs. Rennie had been his tenants for three years at a rental of £50 and that the rent had always been promptly paid. Lease produced was afterwards signed in the name of Florence Rennie and Summerbell Rennie. On September 29 I received letter from Douglas Campbell enclosing 10s. 6d. for cost of agreement on behalf of his "clients, Mr. and Mrs. Rennie."
Cross-examined. Rent up to December 25, 1910, has been paid since prisoner's arrest.
(Thursday, January 19.)
HENRY WALKER , headmaster of Norman Court Preparatory School, New Barnet. On July 20, 1910, I received booklet produced of the "Scholastic Association, The Chambers, Park Square, Leeds, James Logan, Secretary." I filled up agreement form offering to pay 10 per cent. commission on any pupils introduced to me. On July 25 I received letter offering to put my school on the exclusive list for a charge of £2 2s., £1 1s. to be deducted from the first commission, and if no pupil were introduced within 12 months the £2 2s. to be returned in full; also stating, "We have an inquiry for your district in this morning. Our client has two boys aged nine and 11." I then wrote asking to be put on the exclusive list and received letter produced asking me to write to Mrs. Rennie, of 19, Vernon Road, Leeds, who had two boys, and also requesting me to send him the two guineas. I then wrote to Mrs. Rennie, at 19, Vernon Road, and on July 29 received letter produced, signed" M. Rennie," stating that she had received my prospectus and would let me know in a short time. On August 13 I received letter stating that the association had removed to 5, York Buildings, Adelphi, W.C. On August 30 I called there, saw prisoner, and asked him about the two Rennie boys. He said, "Oh, I have just written to you," and read from a letter purporting to come from Mrs. Rennie at Scarborough inquiring about my school. He told me Mrs. Rennie had substantial means and did not mind what she paid as long as she got what she wanted. I then paid him the two guineas in cash, received receipt produced, told prisoner I was going for a holiday in Westmoreland, and gave him my addrees Returning to Barnet on September 17, I wrote to Douglas Campbell about the pupils and received post-card on September 21, "I have heard nothing so far, but will write and let you hear in the course of a few days." On October 7 I called at 5, York Buildings and saw prisoner. He said that Mrs. Rennie had just moved to 176, Brixton Hill. I asked him how many pupils he had introduced to other schools, and he said between 50 and 60. He also told me that James Logan was his agent in Leeds and repeated again that Mrs. Rennie did not mind what she paid so long as she got what she wanted.
I heard no more from him or from Mrs. Rennie. In parting with my money I believed that the Scholastic Association was a genuine concern and that I was being put into communication with a parent who desired to send her two boys to my school.
Cross-examined. I should have been satisfied if prisoner had introduced to me pupils of good social position able to pay my fees whether in the name of Rennie or any other name. I have not asked for my money back.
AGNES MARY FERGUSON , principal of Hamilton House School, Tunbridge Wells. On September 16 I received letter from prisoner stating that he had an inquiry from a gentleman who had a daughter and niece to send to a school in my district, that he was a retired Indian civil servant and a large property owner in Scotland, prepared to pay 70 to 80 guineas for each child, with extras, and suggesting that I should come on the exclusive list of the association for a fee of two guineas, one guinea to be deducted from the first commission, which was 7 1/2 per cent. on the first year's fees, the two guineas to be returned in full should no pupil be introduced within 12 months. Enclosed was a slip—" No. 128 Special. D. Rennie, Esq., 4, Russell Road, Brixton, S.W. We have not sent this notice to any other school at present. Your district specially asked for. Douglas Campbell." I wrote to D. Rennie and received letter produced, dated September 18, 1910, from 4, Russell Road, signed "M. Rennie," stating that the children could be sent to my school, etc. I then forwarded cheque produced for £2 2s., which has been honoured, and asked to be put on the exclusive list. From that date onwards I have heard nothing from Douglas Campbell or Mr. or Mrs. Rennie. I parted with my money after receiving the letter from Mrs. Rennie and believing the Scholastic Association to be a genuine concern.
Miss EMILY GARROD, proprietress of High School Boarding House, Camden Park,. Tunbridge Wells, gave similar evidence; was referred to D. Rennie, Esq., of 4, Russell Road, Brixton, forwarded £2 2s., and heard nothing further.
Cross-examined. I should have been satisfied if pupils had been sent to me in January of the name of Rennie or any other name. I never demanded the return of my money.
GEORGE EDWARD COWARD , Ware, engineer. My wife has a boarding-house at "Riverside,' Ware, some inmates of which attend Ware Grammar School. On October 12, 1910, we received letter from Douglas Campbell, of the Scholastic Association, stating that he had an inquiry for a good school for two girls in my district, who would pay 80 guineas per annum, with extras, and who were likely to remain five years certain, asking that a fee of two guineas should be forwarded, and enclosing a slip with the address "Major Scott, 176, Brixton Hill"; also enclosing booklet of the Association, stating that three Scholastic Associations in the north of England, which had been established 14, 11, and nine years respectively, had amalgamated under the title of "The Scholastic Association, "for the purpose of introducing pupils to high-class schools. On
October 13 I saw prisoner at 5, York Buildings, and asked him about the two pupils and about the Association. He said they were doing a very large business in the country, referred to Major Scott as a man of means, that money was no object to him, all he wanted was to have his children "well housed." He said that Major Scott was in Scotland, but that Mrs. Scott was in town, and gave me her address, 176, Brixton Hill. The same day I wrote to her, and received reply (produced), signed "M. Scott," from that address, stating that as soon as Major Scott returned from a short holiday they would call and see the school. On October 15 my wife went to see prisoner. On October 17 prisoner wrote again, asking us to forward the initia lfee of £2 2s. On October 18 I called at 5, York Buildings, and paid the £2 2s. to prisoner in cash. After that I heard no more from Mrs. Scott, and on November 8 I found the office closed, prisoner having been arrested.
ETHEL LEADER , Elmshurst, East Finchley, proprietor of a boarding and day school for girls, gave similar evidence. Was referred to Mrs. M. Rennie as the mother of two daughters; paid the fee of £2 2s. on the faith of the representations; and heard no more of the pupils.
WALTER HENRY JONES , deputy manager of Farrow's Bank, Limited, Cbeapside. On August 15, 1910, prisoner opened an account at my bank, of which I produce certified copy. References were given to D. R. Rennie, 4, Russell Road, Brixton, and Archibald H. Cadman, 15, Ascot Road, Tooting, who both replied, recommending prisoner. The account was opened with five-cheques of two guineas each, the total payments in being £258 13s. 9d., in the large majority of instances the payments consisting of cheques of two guineas, or multiples of two guineas.
Detective-sergeant ALFRED COLLINS, E Division. On November 5 I saw prisoner at 5, York Buildings. I asked him if he was Mr. Douglas Campbell. He said, "Yes." I said, "I am a police officer, and I believe your correct name is Roderick Logan Rennie." He said, "Yes." I said, "I hold a warrant for your arrest for obtaining the sum of £2 2s. by false pretences on August 30 last." He said, "Who is the complainant?" I replied, "A Mr. Henry Walker." I read the warrant to him, and he said, "I wish the man had come and seen me; he could have his money back. I am just getting myself into working here, and this is a stop to everything. I have been trying to do my best to get on." I took him to the police station; he was charged, but said nothing more. I then searched the offices at 5, York Buildings, found copies of Paton's List of Schools, Whitaker's List of Schools, a list containing the names of 249 schools, against 122 of which the word "Yes" is written, also a number of letters addressed to Mrs. Rennie, Mrs. Scott, and others. I am acquainted with the prisoner's and his wife's hand-writing. (Witness stated the hand-writing of various letters in the name of Rennie, Scott, and others to be in the hand-writing of prisoner or his wife.) I found in all 249 letters addressed to either Mr. Rennie, Mrs. Rennie, Major Scott, or Mrs. Scott. Most of the cheques of £2 2s. shown in the banking account of prisoner are in the names of persons mentioned in the lists of schools.
GEORGE SKAIFE BEECHING , employed by Partridge and Cooper, Limited, Fleet Street, printers. Prisoner has Had printing and stationery from my firm in connection with the Scholastic Association. He had 2,000 cards printed for circulation, with a view to obtaining pupils, delivered on November 1.
EGERTON GREEN . I am connected with the advertising department of the Little Theatre. I saw prisoner about advertising the Scholastic Association in the programme, discussed terms, and I was to hear from him.
Prisoner confessed to having been convicted at this court on February 4, 1908, in the name of Roderick Logan Rennie of forgery, receiving three years' penal servitude. Two summary convictions were proved.
Sentence, Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 18.)
Mr. Lawrie prosecuted; Mr. Curtis Bennett defended Farmer; Mr. Eustace Fulton defended Parsley.
Verdict, Not guilty.
LUCAS, George, otherwise H. GLENDAY (39, traveller), and COPE, Moreton Edward (44, Canvasser), Obtaining by false pretences from Robert Henry Harris £10 and from George Spencer Rogers £5, in each case with intent to defraud.
Mr. W. W. Grantham and Mr. John Fletcher prosecuted; Mr. H. Sacker defended Lucas; Mr. Duncan Wallace defended Cope.
ROBERT HENRY HARRIS , 10a, Darwin Road, South Ealing, baker's roundsman. I put an advertisement in the "Daily Chronicle" on October 10, 1910, for a situation. Prisoners called on me that day. at 25, Sutherland Street, S.W. I did not know them before. They had the newpaper and asked me if I was R. H. I said, "Yes," and that my name was Harris. Lucas asked if I knew anything about motors. I said "No." He said, "Would you like to take up anything connected with a garage?" I said "Yes, it was what I was looking for." He called himself H. Glenday, trading manager of the Road Club of the British Isles. He introduced Cope as H. Drysdale, the secretary of that club. Lucas said if I liked he could introduce me to a good appointment as under clerk in the garage office, and explained certain duties I should have to do. He said he could offer me the appointment
at 30s. a week and tips if I gave £20 cash security. He said they wanted security because a chap bolted with £16. I said I would think it over. I said I had only £10 in the house, but I could very likely give him another £10 next day. Next day I told him the wife would ask her mother for it that night. He said, "All right, we will accept you and I will draw up a rough agreement. He showed me a small book with "Road Club Guide" stamped on it gold letters, also a badge with "Road Club of the British Isles" stamped on in green and gold. He said I should have to wear a badge to show I was an official member of the Road Club. He said the garage was in Well Street, Jermyn Street, W. Lucas drew up an agreement; Cope was there and heard every word. Lucas gave me a receipt for £10 (produced). On a piece of paper headed "20, Carlton House, Regent Street" he wrote an appointment for next day at the garage at 12.30. On the back is C. A. Whitingham, 20, High Holborn, W.C., on whom I called next day, when I thought I had been robbed. I received a telegram on October 11, and went to Piccadilly to meet them. They took me in a taxi to the Horns, Kennington. Lucas asked me if I had the other £10; I told him no. He said, "It does not matter; the club want £20, but I will tell you what I will do; I will pay the other £10 out of my private account, and you can put me right when you get the money." Cope was sitting by his side. They said they were going to the "Horns" to see a motor car they thought of purchasing, and as it would be part of my duties they thought they would take me with them to put me up to a few points. They said they would not be doing anything at the garage till Tuesday. We had drinks in the saloon bar at the "Horns, "which I paid for. Lucas there showed me a different badge with velvet on, which he said I should have to wear on special occasions, such as when nobility came. Lucas left the bar, as he said, to find the man who was supposed to be there with the motor, and told Cope to stop with me. Soon afterwards Cope made an excuse that he wanted to go to the lavatory. I did not see him again. I made inquiries at Carlton House. I then went to 20, High Holborn, where I was told the Club had removed to. I then went to the police.
Cross-examined by Mr. Sacker. My suspicions were not aroused by the telegram to meet them at Piccadilly. They did not tell me the Road Club could not accept £10. Lucas did not offer to return my £10. He did not say if the Road Club would not take me he would take me himself. They left me at the "Horns" about 11.30. I waited till 2.30, thinking they would come back and take me to the garage. I went to the police the next day. Before that I had been to Carlton House and the garage. I recognised the garage as the one they showed me a picture of in the book of rules. When I saw Mr. Whittingham he told me it was an absolute swindle. After I had seen him I wrote a postcard to Glenday, 68, Strode Road, Willesden Green, an address given me by Mr. Whittingham. I had no time to go there; I had other things to do that night.
Re-examined. I tried to get information where they could be seen after I left the "Horns."
GEORGE SPENCER ROGERS , boilermakers' assistant, 10, Amity Road, West Ham. On October 26 I advertised in the "Daily Telegraph "for a situation in any capacity and on that day I received this letter (Exhibit 1b), signed "G. Lucas," asking for an appointment and saying that what he had to offer was the chance of a lifetime. I replied to that and received this telegram (Exhibit 2b) on the 28th, signed "Lucas," saying he would call that night. Both prisoners called that evening. Cope introduced himself as "Lucas" and his friend, the prisoner Lucas, as "Glenday." Glenday said he was trading manager of the Road Club of the British Isles and showed me a book similar to this, in which there were the names of the members, a picture of the garage in Jermyn Street, and a photo of a badge which I should have to wear. He said he could offer me a situation as storekeeper in the garage at 30s. a week. He asked me how being connected with motors would suit me and I said, "Very nicely." He asked me what I meant in the advertisement by the £5 bonus and I said that was for cash security. He said I should be required at the garage from 7.30 a.m. till 5.30 p.m.; my duties would be to sell petrol and spare parts to members, and that I should have to make up my accounts at 4.30 each evening. I said I thought I would be able to manage that. He asked me if I had the £5 now. I said, "Is it necessary for you to have it now?" and he said, "Yes, I want to settle the business." I gave it to him. He then wrote out an agreement on one of the memorandum forms of the Road Club and they signed it in the names of "Glenday" and "Lucas"; it stated what my duties and wages would be. They called for it on the following Monday and took it away (Mr. Grantham called for this document, but it was not produced). I parted with the money in the belief that the situation was a bona fide one. As they said it was essential I should start on the following Monday I asked permission to leave my then employers without the week's notice. I left and have since been out of employment. On the 29th I received a telegram signed Lucas telling me not to turn up on Monday and making an appointment for me to meet Glenday on the Tuesday. I received another wire (Exhibit 4b) on the Monday signed "Lucas," saying he was calling on me that day. They both called and he said they had called to go to the solicitor, Mr. Stern, to make out the agreement form and have it properly signed and stamped. I gave the agreement to Glenday and they left, saying they would return in half an hour. Mr. Stern's office is about 10 minutes from my place. They never returned. At 6.30 p.m. I received a post-card (Exhibit 5b), saying they were unable to see their solicitor, that they would call on Friday morning, and that in the meantime my salary would be paid; it was signed "G. Lucas." No salary has ever been paid me. When the Friday came, November 4, I received a telegram signed "L." making an appointment for Monday. On the 7th I received another wire signed "Lucas," saying that I should start on the Wednesday and he was calling that night. I had by this time gone to the Road Club
office and, having made certain inquiries, I put the matter into the hands of the police. On the 8th I received a wire, saying that I could not be started till Monday, signed "L." On the 9th another wire came, again signed "L.," saying, "You start Monday."
To Mr. Sacker. I know now that Lucas lived at the address he gave me. Lucas, whom I knew as Glenday, did not say he was acting on behalf of the Road Club; he said I should be under him and also in the employ of the club. I did not call on him because I did not think he lived at the address he gave me. I got suspicious when they failed to return from the solicitor, but the telegrams reassured me. He was arrested on the 9th, so it was out of his power to see that I was employed on the 14th. I offered them another £3 by letter on November 8, but that was on the instructions of the police; no one called for it.
To Mr. Duncan Wallace. Cope introduced himself first as "Lucas"; I did not conclude that he was Lucas because I had received a letter signed in that name. All my conversation was with prisoner Lucas. I gave Cope no money. When arrested I said I had no complaint against him, that he did not have any of the money, and that all he did was to introduce Lucas to me. The detective did not say to him, "Yes, Mr. Rogers knows it was not you and will speak in your favour at the Court. We know you did not have it, but we had to include you so as to clear the matter up."
Re-examined. I never heard how much Cope got as his share. I heard him say at the station that all he had got from Lucas out of the money for six weeks was £6.
CHARLES ALFRED WHITTINGHAM , manager, Road Club of the British Isles, Carlton House, Regent Street. Lucas was introduced to me in September, 1909, as "Arthur George." He has never been employed at the Road Club nor has he ever had authority to engage men. A man named Glenday was negotiating with me for some little time to start a trading department to give our members special benefits, but the negotiations fell through. His name appeared in the Guide Book for 1909-10. I do not know Cope. Drysdale is a friend of mine and a member of the committee, but he has not acted since 1908. He was never secretary. Neither of the prisoners is Glenday or Drysdale.
To Mr. Sacker. Glenday introduced Lucas to me; he appeared to know him quite well. Glenday's name appears in the book as a member of the executive committee, but he is not one. At the time the book was printed it was fully expected that he would be, so his name was inserted. He would have been connected with the garage we intended to have if the trading scheme had gone through; he is not connected with our present garage. We authorised him to get notepaper headed with the Road Club's address, on which his name was put as "Trading Manager." He said that Lucas was about to receive some money from some property that was being sold, and wished to invest a little in this trading scheme. The Road dub was quite separate from this trading department, although Glenday's name appeared as a member of the committee. He said Lucas was an advertising agent, but we never gave him authority to canvas for us. Glenday had authority to use
our offices, but he did no business there as trading manager. I have never paid Lucas any money for services rendered. Gwynne-Jones is the present secretary of the club. He was not introduced to me by Glenday.
To Mr. Duncan Wallace. I do not know Cope. The club has been through bad times financially, but it is now all right. It was reorganised in 1908, and there were a lot of schemes proposed, amongst which was having a new garage.
HARRY GLENDAY , motor agent and engineer. At this time I was negotiating with the Road Club to undertake a trading department in connection with it. I was hoping to get some money from a patent of mine, but this fell through, and I was unable to put the money into the scheme. Lucas, whom I knew as "George," said that he had a title to a reversion from his mother, and asked me if I could get him a position under me in the club if he could raise £200 on it to put into the scheme. I negotiated with him for some time, during which he came with me to the club, where I had the use of an office. I then lost sight of him, and on inquiry at the solicitor's whose name he had given me, I was informed that he was not known there, and nothing was known of any reversion. George first came on the scene about the end of 1909, and I knew him up to about the middle of January, 1909. I never saw him after that till he was in the dock. I knew his initial was "A.," because he signed his name as "A. George." I never authorised either prisoner to use my name for any purpose. I have never known Cope. The signature, "H. Glenday," on the agreement (Exhibit 3) is not mine. I had no idea of creating any such situation as prisoners offered. I have not been to the club since last February. The only way Lucas helped me was that he said he knew a good firm of printers, and I placed an order for club stationery with him so that he should get the commission.
To Mr. Sacker. I swear I never met Lucas before February, 1909. He did not, from August, 1909, go regularly to the club with me and do business there. I never signed cheques on the club's behalf, and never received any payment from Whittingham. I only gave one order as trading manager, and that was for printing. I never asked a man to invest money in the club, promising him a post if he did. I never told Lucas that if he could find some young men to fill vacant posts in the Road Club who would deposit £20 I should take them. I am an undischarged bankrupt. I never instructed a solicitor by name of Richards to defend him; he went to the prison expecting to find me, as Lucas had been using my name.
Detectivesergeant ALFRED BEASLEY, P Division. On October 23 I received a warrant for the arrest of a man named "H. Glenday," and "A. H. Drysdale." At 9.30 p.m. on November 9 I went to 10, Ariol Road. where I saw Lucas in bed. I told him I was a police officer and held a warrant for his arrest in the name of "H. Glenday," but I knew him as "Lucas." He said, "If that is so, I suppose I must go with you. Let me read the warrant. Somebody must have used my name." He then became rather violent. I took him to the station and went
back and searched his room. I found a number of books belonging to the Road Club, a badge, an order book, a lot of memorandum forms, letters addressed to the name of 'Lucas" and "Glenday," and letters written in the name of "George" at about eight different addresses. When charged he made no reply, when I showed him what I had found he said, "Yes, that is enough." On the 17th he was further charged with obtaining £5 from Rogers and he said, "Yes, all right." I showed him two telegram forms which I bad found at his address and he said, "Yes, all right. What has he (Rogers) got to show I had the money from him. He has got nothing." On the 21st I went to Fenchurch Street and there Rogers pointed out Cope to me. I then said I held a warrant for his arrest in the name of "A. H. Drysdale" and I read the warrant to him. He said, "Yes, that is quite right, but I did not obtain the money. Lucas had the money. He has only given me about £6 for the six weeks I was with him." I told him other charges would be made against him and he said, "Yes, I expected that. I have been a fool. Glenday told me to call myself 'Drysdale.' I was absolutely starving when he picked me up and asked me to go with him." He was taken to the station, and when charged made no reply.
To Mr. Duncan Wallace. I will not swear that Cope did not say, "I have been fooled."
GEORGE LUCAS (prisoner, on oath). A man named MacLennan introduced Glenday to me about the end of 1908, and we became very intimate. About September, 1909, he told me he had been appointed trading manager of the Road Club, and that he intended to make it a thoroughly successful concern. I told him I could put £200 into it which I thought I could raise tinder a relative's will through a firm in Surrey Street, but I eventually found I was unable to do so. I used to go to Carlton House with him every day to help with the correspondence. In consideration for the £200, I was promised £3 a week and a seat on the executive committee. I fully believed he was the trading manager, and could give me authority to use the office. In June, 1910, my negotiations to get the £200 having fallen through, I got another appointment, but in August I was out of work. On meeting Glenday again he asked me to assist him in finding two young men to fill situations in the garage of the Road Club; that they would have to deposit £20 as security, and would be paid 30s. a week. I saw Harris, who gave me £10, and promised the other £10 the next morning. I saw Glenday the same day, but he said the £10 would not be sufficient, and as I had been a long time making arrangements he would not entertain the matter at all. I told Harris of this, and invited him to join me in a business I was establishing in Vauxhall Bridge Road as a motorcycle agent. He was perfectly agreeable, and I merged his £10 into my own business. Rogers understood that he was to be employed by me, but not immediately.—paid me the £5, which I merged into my business. I did not endeavour to conceal my identity or address from him.
To Mr. Duncan Wallace. I employed Cope at £1 a week to assist me in my business. Glenday gave him permission to use the name of "Drysdale" towards the end of August. I gave him £6 for the period of September and October.
To Mr. Grantham. I have known Cope 14 years. He did not introduce himself as "Lucas "to Rogers; he introduced me as coming, "on behalf of Mr. Glenday," not as "Glenday." When calling on the Road Club business I often used "Glenday's" name, with his permission, and I used his name with Rogers. I mentioned his name because I was associated with him in the Road Club, not because I was employing Rogers for the club. Cope joined me in September; he had been employed generally at the club garage by myself and Glenday in this scheme and that is why he came with me to Harris and Rogers. I thoroughly believed that Glenday had power to appoint clerks I found for him. I offered Harris 30s. a week in my employ. He said he was quite willing I should keep the £10; he was anxious to become connected with the motor-car business. He had not seen my business then. I then took him to the "Horns "with the idea of showing him a car that I had part purchased, and then going from there to the Wells Street Garage in order to give him an insight into the business. When the car arrived there was no room for him in it. I told him of this and I left him and Cope, telling Cope to bring him along to the garage later, but he did not. The interchange of names was quite general in this Road Club business; I signed Glenday's name to Harris's agreement with Glenday's permission. I had to put Rogers off several times, as I was not ready for him. My business is at 304, Vauxhall Bridge Road and where I pay 10s. a week for a room. I took it at the end of August; I never had any agreement drawn up with him nor was there any mention of a solicitor.
MORELAND EDWARD COPE (prisoner, on oath). I was originally an insurance superintendent and manager, latterly I have been doing commission work, I first knew Lucas ten years ago, and then I did not see him for more than two or three times till last August. I then met him casually with a friend whom he introduced as Glenday.; it was someone very much like the witness. Lucas said Glenday was the trading manager of the Road Club and he, Lucas, was assisting him in a scheme of reorganisation. I said I should be glad if they would find me a berth. They had a conversation and then this man said they would appoint me to the control of a garage, but that I should have to take the name of "Drysdale" because "Drysdale" was abroad (they showed me his name in the book) and they could not appoint anyone else until they had had a committee meeting in 1911; and they would not be ready for me for a month. I met Lucas again at the end of September or the beginning of October, and he said they were prepared to start me and I was under Glenday's instructions, to go with him, Lucas, to see one or two men to see if they were suitable to take positions under me in the Road Club. I went with Lucas once to the garage in Wells Street, but I did not go inside; Lucas spoke to two or three people there; I did not go inside because it was said they were very busy. I was to have £1 a week and my expenses paid. I went
with Lucas to see Harris, whose account of the interview is substantially accurate. I only signed the agreement in the name of "Drys-dale "as witnessing the signatures. Harris was not correct in saying that I left him next day at "The Horns,"and did not return; I returned and made an appointment for him to meet Lucas and myself at 4.30 that afternoon at the garage, but he did not turn up. I did not tell Rogers that my name was "Lucas,"but with the exception of that Rogers's account of the interview is substantially correct as far as I am concerned. I was not responsible for the letters and telegrams sent him. I have never been in any trouble before. I gave every assistance I could to the police.
To Mr. Grantham. I have not been in permanent employ for the last two years. I do not remember Lucas saying that the car was too full to hold Harris. I have never used any other names than "Cope" and "Drysdale,"except 18 months ago I traded as "Moreton and Co."Frrom the end of September until about some time in November I received only £6. I wrote this telegram and signed it "Lucas" under his instruction given to me half an hour before; that is the only time as far as I know I have used his name. The reason I went down to "The Horns "with him was to see the car that he proposed buying. I believe when he got there he said that the car was too full and he could not take Harris back.
Verdict, both Guilty.
Prisoners withdrew their plea of not guilty of obtaining £6 15s. by false pretences from Henry Hardcastle and pleaded guilty.
Lucas confessed to a previous conviction of obtaining money by false pretences at this Court on June 20, 1904, in the name of Edward Smith, four other convictions were proved. It was stated that from October, 1910, prisoners had been committing these frauds.
Sentences: Lucas, 18 months; Cope, Nine months, each with hard labour, upon each count, to run concurrently.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 11.)
Mr. Beaumont Morice prosecuted; Mr. Turrell defended.
it with my knife and said, "This 2s. piece is counterfeit." He said he got it in exchange for half-sovereign at the "Bakers' Arms" and tendered me a good 2s. piece. I said." What do you mean by coming here with a coin like this? He replied, "Do you think I would come here with it if I had known it was bad." He said he had come from Lingford Road. I asked if he was willing to come with me to a constable. He agreed and went out with me, he going towards Whipps Cross. I told him that was not the nearest way to find a constable, and he then went with me towards Wood Street Railway Sation. I was holding him, and after going 30 or 40 yards he said, "Let go of my arm—you are not a copper." I said, "No, but I have caught you." He went with me about 70 yards further to the "Plough Inn," when he bolted up Upper Walthamstow Road. Johnson intercepted him, and he ran back past me nearly to my shop, where we were stopped by a butcher and given into custody.
Cross-examined. He showed me enough good money to make up the change for half a sovereign. It was a matter of opinion as to the nearest way to find a constable.
Police-constable WALTER MARTIN, 232 N. On October 8 prisoner was given into my custody. I took him to Lea Bridge Station. When charged he said, "I did not know that the coin was bad." When I took prisoner into the station he was on my right.
Cross-examined. I found upon him 12s. 9d. good money.
WILLIAM COOK , Devonshire Road, Walthamstow, pensioned police officer. On October 15 I was cleaning the forecourt of Lea Bridge Police Station; in a vase containing a shrub, on the right-hand side of the pathway, I found parcel produced containing 11 counterfeit florins separately wrapped in paper, dated 1903.
Cross-examined. It is at times a busy station. To my knowledge no one was brought there on a coining charge between October 8 and 15. I had not cleared out the vase for a week.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The counterfeit florin produced and the 11 florins (produced) are all dated 1903 and are in my opinion made either from the same mould or from the same pattern piece; they all show similar scratches or special marks.
Detective JNO. LEE, N Division, stationed at Lea Bridge Police Station. No coining charge was brought into the station between October 8 and 15.
WILLIAM TAYLOR (prisoner, on oath). The bad florin produced was given me at the "Bakers' Arms" in change for half-sovereign. I did not know it was counterfeit. I know nothing of the 11 counterfeit coins that have been produced here.
Cross-examined. The constable held me by the left arm, the other arm being perfectly free. The butcher and prosecutor were following
close behind. I got away from the prosecutor because he was making an exhibition of me and I wished to go back to the shop and wait for the constable there.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 11.)
OBSTFELDER, Richard (19, tile fixer), pleaded guilty of breaking and entering the shop of Harry John Ranson and stealing therein eight overcoats and other articles, his goods; breaking and entering the shop of William Rundle and stealing therein two sacks, his goods.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
Sentence, 20 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, January 12.)
Prisoner confessed to having been convicted at Newington Sessions on December 8, 1908, receiving 15 months for burglary; two other convictions of nine months and three months for loitering were proved. Prisoner was stated to have endeavoured to obtain work since his release.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, January 13.)
Mr. Muir, Mr. Graham-Campbell, and Mr. Oddie prosecuted; Mr. W. W. Grantham and Mr. A. E. A. Napier defended.
ANNIE ROKER , flower seller, 10, Bickerstaffe Road, Stratford. The deceased girl, my daughter, was 21 years of age. Prisoner kept company with her on and off for three years; they had been engaged since
about August; they were on pretty good terms, but they were often quarrelling. One Saturday, about three weeks before this happened, they were both standing on the door step; she was standing with her handkerchief to her mouth. I said to her, "Hulloa! what are you two up to?" Prisoner laughed, and said, "Nothing." I noticed blood on her teeth. Prisoner was in my daughter's company very much. This week he saw her every afternoon; he was on night-work. I have never seen her with other young men. On December 23 prisoner was at my house all the afternoon with my daughter; they seemed on very good terms. She wanted him to go with her to get her money from where she was working, and he said he would stop there till she came back. There was nothing in the nature of a quarrel about it; she went and got back about quarter past seven. On the 24th he came to my house again in the afternoon. I went out, and I told my daughter I should not be long before I came back, that I would be home as early as I could. About 20 minutes past seven my little daughter came for me and I went straight home. When I got there I found my daughter lying on her side on the floor; she was dead.
Cross-examined. They seemed very fond of one another. Except f or this little tiff three weeks before, I had never seen any trouble between them; my daughter never complained to me. On this night I might have come in quite unexpectedly; my movements were uncertain as to when I should return. There were two other little girls in the house.
Re-examined. Prisoner used to follow my daughter about a great deal when she went out when they did not speak to each other. When they had had a quarrel they would sometimes go three or four months without speaking; I cannot say whether he was jealous of her or not.
ELIZA ROKER , wife of Charles Roker, 10, Bickerstaffe Road. On December 24, about three o'clock in the afternoon, I saw prisoner come into the kitchen and sit down in the armchair; deceased was ironing his handkerchief; he said, "If you are doing any b——y ironing I am going home "; I then went out and left them in the kitchen. When I came back it was getting dark; they were both in the kitchen, Ada sitting in the armchair, prisoner standing by the fireplace. I noticed her face was all red; I thought they had been playing about. I said, "What's the matter, Ada?" She said, "Nothing, we have only been having a game." I went back again a very short time before the murder; there was only a small penny lamp alight. I said to her, "Why don't you light the lamp? Your mother won't half be wild when she comes in." She said, "I don't know what is the matter with George; he won't let me light it." I then went to my own room. I saw my sister-in-law, Lizzie, come in and I heard her and the prisoner go upstairs; when she got half way up she said, "George, look; what have you done?" Prisoner rushed by me and ran towards Carpenter's Road. He did not say anything to me; it could not have been more than ten minutes after I was last in the room.
Cross-examined. I was in the house all that afternoon; my room is quite close to where prisoner and Ada were. I did not hear any
struggling or screaming. They seemed quite happy when I saw them that afternoon; they always seemed happy when they were together. I never noticed anything wrong or queer about prisoner. I might have come down from my room to where they were quite unexpectedly if I wanted to; there was nothing to prevent me.
CLARA FOSTER . I occupy the kitchen immediately below Mrs. Roker's kitchen. I was sitting there about 7 o'clock on Christmas Eve; I heard a movement above me of somebody heavily walking across the room and something fell heavy to the floor. Up to that time I had not heard a sound. I next heard somebody run quickly downstairs and I heard the two girls scream.
LIZZIE ROKER . I am 12 years old and live with my mother at 10, Bickerstaffe Road; deceased was my sister. I remember prisoner coming to the house on December 24; I was with him and my sister that afternoon in the kitchen. There was no light there till I got the little lamp out of the cupboard and lit it. Prisoner said that there was no need for any light. That would be about 7 o'clock. I met prisoner on the stairs going down to the street; he was in a hurry. I asked him what he had done; he said it was all right, he had to make haste home. I thought he had done something, because he had no cap on his head and seemed in such a hurry. I tried to stop him, but he got away. When he got away I heard a funny noise in the kitchen. I went into the kitchen and I saw Ada lying on the floor with her head against the leg of the table; I spoke to her, but she did not answer; I went out screaming. When I got into the street I saw prisoner running towards Carpenter's Road; I spoke to a policeman and went and fetched my mother.
Cross-examined. I went out first of all at six o'clock and I came back at a quarter to seven. I had nothing to keep me out till that time; I might have returned quicker. I saw no quarrel between Ada and prisoner; they were quite happy.
Re-examined. I have seen them quarrel sometimes; they were quarrelling all that week.
CHARLES ROKER , brother of the deceased. I was in my room on Christmas Eve when I heard Lizzie screaming and I heard her say, "Oh, George, what have you done?" I went into the kitchen and saw my sister lying there dead. I went round to prisoner's house, but he was not there the first time; I went back home and put my boots on and then to his house again. A policeman came with me and prisoner was taken into custody.
Cross-examined. I have seen Ada and prisoner together during the last six months and they seemed happy.
HENRY ALLEN , 42, Lett Road, Stratford. Prisoner is my brother-in-law; he has been lodging at my place for about 15 months; he is 19 years of age. I know he used to keep company with deceased; I have seen them together. Sometimes they would lark about, sometimes they would be very quiet. If they had had any jangle outside they would be very quiet inside. The last I saw him was last August; prisoner told me then that he was afraid to go to work on account of her going out with other young women in a public-house; he said he
was going to get the day off, so as to be with her, so that he could see what she was doing, because he could not trust her. They were both in my place on December 23rd, and they were very quiet. On Saturday evening, about 7 o'clock, he called me into the front room and he handed me a razor; it is my razor, which I kept in the kitchen table drawer. I have never known him to take it before. When he handed it to me it was stained with blood. I said, "What is the matter with you? What have you done?" He said, "I have cut Ada's throat."I left him then to open the door to a knock, and when I came back he was in the front room; when I got there he walked into the kitchen and washed his hands I looked at the water and it was stained with blood. When he had wiped his hands he handed me the razor-case, which he took from his trousers pocket.
Cross-examined. On this Saturday night, when he came back, he had many bloodstains on him, and blood on his hands; he was quite open about it. He seemed rather excited and wandering.
Police-constable RICHARD HUNT, 53 K.R. I was on duty in Carpenter's Road on Christmas Eve, and heard some screams. In consequence of that I went to 10, Bickerstaffe Road. In the kitchen up-stcairs I found deceased lying on the floor; she was fully dressed; her clothing was up over her neck, and I noticed a leather strap round her arms just above the elbow; there was a large pool of blood where she was lying; there was a large cut on the left side of her throat; she was not quite dead when I saw her. I tried to stop the bleeding, and sent for a doctor. The room was in good order; there were no signs of a struggle.
Dr. ERIC WALTER GROGONO, divisional surgeon. About 20 to seven on December 24 I was called to 10, Bickerstaffe Road, and there saw the dead body of the girl Ada. It was lying across the room, with the head towards the table; the body was on its left side; death had occurred only a few minutes previously. There was a strap tightly round the arms. Just in front of where she was lying there was a patch of blood on the floor; there was another patch of blood on the other side of the table, and also blood across the table. I examined her throat, and found a cut extending from behind the left ear down to the bone, about an inch and a half beyond the middle line of the body; very considerable force must have been used. I do not think the wound could have been self-inflicted; it could have been caused by the razor produced. The cause of death was heart failure, due to loss of blood from the severing of the main vessels of the neck. There were also two little bruises on the left arm, and four on the left cheek. There were also marks on the arms caused by the straps.
Cross-examined. The bruises were not serious ones. I have been informed that there are two or three instances of insanity among prisoner's relations. Prisoner is a labourer in the gas-works, and works at the top of the retorts, where the heat is excessive, and there are noxious fumes. I have read of cases where a man has had a sudden fit of impulsive insanity, and then almost as suddenly recovered sanity.
Police-constable SIDNEY MILLS, 700 K. On my going to prisoner's lodgings and saying to him, "I want you; you have cut a girl's throat
at Bickerstaffe Road," he said, "Yes, and I suppose you are going to lock me up." He was quite sober, and perfectly cool. On the way to the station he said, "I done it quick, and I was copped quick."
Detective-inspector WILLIAM BURRELL, K Division. On prisoner being brought to the station he said (after being cautioned), "I done it with a razor; you will find it at my lodgings.' He was quite cool and collected.
Detective-inspector ALFRED BALL, K Division. On my formally charging prisoner, he said, "Yes." I examined him and found blood on his arms and wrists, also on the inside of his coat sleeves. He aid, "I had my sleeves turned up at the time." He was quite cool, calm, collected, and rational.
Cross-examined. Prisoner has borne a very respectable character. I produce a certificate from the West Ham Asylum at Goodmayes showing that prisoner's sister Charlotte was admitted in March, 1906, then about eight years old, suffering from epilepsy and imbecility; she had had epileptic fits and been apparently an imbecile from birth. I produce another certificate showing that an aunt of prisoner's mother was admitted in September, 1865, then aged 37, suffering from melancholia; discharged not cured in May, 1867. The son of that woman was admitted in June, 1877, as a person of unsound mind, then aged 19; died in the-asylum in June, 1886.
Re-examined. Prisoner has four brothers and sisters; the three-other than Charlotte are apparently perfectly rational and sound.
ESTHER ALLEN , prisoner's sister, wife of Henry Allen. Prisoner has lived with me for about 12 months. About three weeks before Christmas I noticed that he got very strange in his ways. On December 17, when he came home to dinner he said, "I don't know what is really the matter with me; I am all smoke, no eat." I mentioned his peculiar state to my father and husband. When he came home, on December 24 he seemed depressed and quiet. In the afternoon he said to me, "Esther, there's two knocks at the door "; I went to open the door and there was no one there; on my return I found he had put his hand to the kettle and blackened baby's face all over. I said, "Whatever did you do that for?" He made no reply.
Cross-examined. When I was asked by the police whether I had noticed anything strange about prisoner I didn't tell them what I have just mentioned. Prisoner was of rather a jealous disposition; he has asked me once or twice whether I had seen Ada Roker walking out with any young fellows.
JOHN MAYCOCK , a working man, who had known prisoner for sometime and had dinner at the same coffee-shop with him, said that about three weeks before Christmas prisoner became quiet and reserved; he would sit with his hand on his chin as if reading, when there was nothing before him to read.
(Evidence in rebuttal.)
SIDNEY REGINALD DYER , medical officer of Brixton Prison. I have had prisoner under special observation since December 26. He has been quite rational in his conduct and conversation. I have found no evidence of any delusions or hallucinations or fits or other signs of insanity. I am of opinion that when he committed this offence he knew the nature and quality of his acts and that they were wrong. I have never known the fumes from gas retorts to produce insanity.
WILLIAM BUTCHER , retort house foreman at the gasworks at which prisoner was employed. Prisoner has worked under me since August, August, 1909; he was always an honest, steady, and hardworking lad. I never noticed anything strange about him.
Cross-examined. He worked at the top of the retort; there are fumes and steam there, not over strong fumes.
Verdict, Guilty, with a recommendation to mercy on account of youth.
BEFORE THE COMMON SERJEANT.
(Friday, January 13.)
Mr. Francis Watt prosecuted. Mr. Warburton defended George; Mr. J. C. Hayes defended May.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 16.
Mr. Metcalfe prosecuted.
FLORENTINO RIGOLETO SONZALEZ , dispenser, Argentine troopship Chako. My ship arrived in Victoria Dock on Tursday, December 15. I went ashore for the first time on Saturday, 17th. I wanted to see Central London and was taking a ticket at Custom House Station when I met prisoner and another man. I do not speak English and they said they knew what I wanted. They explained to the booking clerk and I took three tickets second class, as I thought, to Central London. They said it was five minutes to London. We got out at the first station, Tidal Basin. I thought I had to change there. I had then
£4 18s. on me, £4 in gold in a portfolio. I had also a gold ring-Being cold, I put on my muffler and put the ring round it. When I left the station they took me to a urinal. The other man struck me seven blows in the face and chest. They took all I had and cleared off. Prisoner took the ring and the other man the purse. They ran away over the station bridge. I complained to the first policeman I met at the bridge where you see the boats go. The ring has the initials of my sister, Louisa Rigoleto. On January 6 I identified prisoner at the police station. I also picked out another man, but it was not the second man.
Cross-examined by prisoner. You were not wearing an overcoat. You were dressed in rather lighter clothes than you have on now. Your moustache has grown since. You had a collar, no handkerchief.
Police-constable JIM GREENWOOD, 616 K. On December 17 I was on fixed point duty at the Custom House. I saw prosecutor, prisoner, and another man at the railway station there. I know prisoner well. I know the other man and can give his name if necessary. It is Tibbs. The time was 6.40. About 7.15 prisoner and two other men came down the road from Tidal Basin. Prosecutor was not with them. They went into the "Custom House" Hotel. That was the last I saw of prisoner that night.
To prisoner. When prosecutor went into the station you and Tibbs: were just behind him. You had on a little lighter jacket than you have on now. You had no handkerchief on. I do not know if you. had a collar or tie. I do not know why they put up another man with you for identification instead of Tibbs.
Detective-sergeant GEORGE REED, K Division. I was on duty in Freemasons' Road at 2.30 p.m. on December 17, 200 yards from the "Custom House" Hotel. I saw prisoner go into a jeweller's shop. Knowing him, I followed him in. He threw something over the counter. I called the assistant in prisoner's hearing and said, "Give that back to him." The assistant searched and found the ring. He gave it to prisoner and we came outside. Outside Detective Payne took the ring from him and handed it to me. I said, "How do you account for the possession of this?" He said, "I bought it to-night of a man I don't know for 1s. in the 'Royal Albert.'" I said I shall take you into custody. When charged he repeated the statement. He was charged at West Ham on the 19th, pleaded guilty to unlawful possession, and was sentenced to seven days' hard labour. At that time we knew nothing about the sailor. We first heard on January 6 that he had been robbed. It was probably a dock sergeant that prosecutor complained to. I arrested prisoner on January 6 for robbing this seaman. He said, "I know nothing about it." On the way to the station he said, "I do not know what you mean." I said, "It refers to that ring you said you bought for 1s. I have found the owner." He was placed with nine other men and immediately identified by prosecutor. We had arrested another man whom prosecutor identified as the other man. That was a mistake.
Prisoner declined to go into the witness-box, and called his mother as a witness to prove the clothes he was wearing at the time of the
robbery. She did not answer. He pointed out to the jury that the prosecutor had not noticed that he had only one leg, and said that he had forgotten to ask prosecutor a question upon the point.
Verdict, Guilty of robbery without violence.
Numerous previous convictions were proved.
Sentence, 20 months' hard labour.
(Wednesday, January 11.)
Prisoner confessed to having been convicted at Aylesbury on June 17, 1904, receiving one month's hard labour for housebreaking; two other summary convictions were proved.
Sentence, Six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 12.)
PAPPIE, Arthur (33, carman) , having been convicted of a crime and a previous conviction of a crime having then been proved against him, within seven years after the expiration of the sentence passed upon him for the last of such crimes was found on certain enclosed premises under such circumstances as to satisfy the Court that he was waiting to commit an offence punishable on indictment.
Detective-sergeant JOHN GILLAN, V Division. I was present at this Court on July 20, 1903, when prisoner, in the name of Arthur Pavitt, was sentenced to five years' penal servitude for counting-house breaking. On that occasion a conviction was proved against him, viz., six months' hard labour and three years' police supervision at Surrey Sessions on January 6, 1903, for stealing reins, in the name of Arthur Pavitt.
Police-constable FREDERICK WELSH, 487 V. On December 19, about 8.50 p.m., I was with Police-constable Ellis in Hartfield Road, Wimbledon. Accused was loitering in a suspicious manner outside No. 120. We were in plain clothes. As we passed him he turned round and looked at us. He went to various other roads and returned to the place where we had previously seen him. We lost sight of him there and searched the various gardens. I looked over the front gate of No. 120 and saw accused coming from the side of the house. He said, as if speaking to someone, "Good night, I will see you in the morning." I asked him what he had been doing there. He said he had been to see the lady of the house about some work. I asked if he
had seen the lady. He said "Yes." I told him I was not satisfied and asked if he would come back with me to see the lady. He then tried to edge by me to get away. I seized him by his right arm and took him back and asked the occupier, Mrs. Warner, if a man had called at the house and if she knew him. She said he had not called and she did not know him. I then told him I should take him into custody for being a suspected person. We came out on to the footway, where he struggled violently. I received a scratch on the right hand. When charged at the station he said, "All right, governor; you cannot hang me for it." His clothes were intact when we left him in the station, but when we arrived next morning we found he had torn every article of his clothing up in the cell.
Police-constable ELLIS, 855 V, confirmed the evidence of previous witness.
ARTHUR PAPPIE (prisoner, not on oath). I had been about all day selling Christmas cards. I was trying to sell the last two I had left. As I was walking along the footpath the detective seized me and said, "What have you been doing at those houses?" I said I had been inquiring after work and selling Christmas cards. He took me to a house where I had not been. I told him so and offered to take him to the house where I had been, where I said "I will see you in the morning."
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Friday, January 13.)
Mr. L. A. Lucas prosecuted.
ELIZABETH GOLDSMITH , 33, Bristow Road, Merton, ironer. I first met prisoner at Wimbledon in 1900; he was then a gunner in the Royal Fusiliers, stationed at Aldershot. I kept company with him from February, 1901, and was married to him on January 26, 1902, at Eden Road Chapel, Wimbledon. (Certificate produced of the marriage of Ernest George Kesingland, 22 years old, bachelor, gunner, Royal Horse Artillery, and Elizabeth Goldsmith, 21 years, spinster, of Wimbledon). I knew him as Ernest George Poppy. He said he had joined the Army in the wrong name of Poppy, and that his real name was Kesingland, in which name he signed the register. I lived with him until November 11, 1904, at Wimbledon, when he left me, and deserted from the Army at the same time. He was supposed to go back to Alder-shot to join his regiment after being on furlough. I never knew he had been married. I next saw him in November, 1910. He wrote to a friend whom he lived with when he went away, and said he had been captured for deserting from the Royal Artillery, was at Woolwich
under trial, and would the friend take me to see him. I went to Woolwich, and saw him in the Garden when he was under arrest. While with me he treated me well.
JAMES BUNTING VALE , Great Hawkesley, near Colchester, baker and confectioner, and licensed victualler. On April 22, 1899, I was present at the wedding of the prisoner, Ernest George Poppy, at West Bergholt Church, with Ada Gaslin Helm, of Gastonburg, near Colchester, whom I have known from a child. I last saw her three weeks ago at Colchester. I had not seen the prisoner before the marriage. After the marriage I repeatedly saw him when he was living with his wife at West Bergholt. At Christmas, 1907, he was living there with his wife.
Cross-examined. About Christmas, 1907, I saw prisoner at various times with his wife and recognised him. I am sure he is the man I saw married.
Detective-sergeant JOHN DILLON, B Division. On December 16, 1910, at 1 p.m., I saw prisoner detained at Aldershot Police Station. I told him I was a police officer from London and was going to convey him to Wimbledon Police Station, where he would be charged with bigamy. He said, "You have made a mistake." I said, "I believe your name is Ernest George Poppy, and that you married Elizabeth Goldsmith in the name of Ernest George Kesingland." He said, "Yes, that is right." I took him to Wimbledon. On the way he said, "The woman I married at West Bergholt is still alive. How do you think I am going to get on? I wish I had made a clean breast of it then. I done it out of principle." When the charge was read over he said, "How do you make that out? We will see." Refer-fering. to the prosecutrix, he said, "This is my lawful wife." I produce the two certificates, one given me by the prosecutrix.
Statement of the prisoner. I certainly deny the charge, and reserve my defence until I am tried by a jury.
ERNEST GEORGE KESINGLAND (prisoner, on oath). My name is Ernest George Kesingland. I deny that I am the man Poppy, who was married at West Bergholt in 1899. I first made the acquaintance of a person named Ernest George Poppy, or Ernest Poppy—I do not know his name—at Norwich in the summer of 1898. I saw him several times for about a month, meeting him in public-houses and clubs. I next saw him at Colchester at the end of May, 1899. He told me he was under orders for South Africa, but he did not want to go. I knew him to be a soldier in the Royal Field Artillery, 44th Battery. In a joke I suggested that we should change places. He told me he was being posted to a battery in Aldershot, and was going to Africa, and as I was desirous myself to go to Africa—I had already tried, but I was too young—at the finish we agreed to change. About July 12 he left the 44th Battery and joined the 75th Battery in Aldershot. We went to London together; he remained in London and I went to Aldershot and reserved myself as Gunner Poppy. All letters that came to him
as Gunner Poppy I forwarded to him at Westminster Bridge Road, others he sent under cover to me and I posted them for him. Whilst in Aldershot as Gunner Poppy I made the acquaintance of Elizabeth Goldsmith. About September 7, 1899, I received a telegram as Poppy saying, "Wife ill, come at once." I obtained permission, went to Westminster Bridge Road, saw Poppy, and asked him what it meant. He told me then for the first time that he was married. He went to Colchester; I believe he saw his wife; he brought back the doctor's cartificate that his wife was ill, which he gave to me to take to Alder-shot. On September 26, 1899, I went to Africa and remained there until August, 1900, when I returned and joined the Emergency Battery at Woolwich. About October 24, 1900, I went to No. 2 depot and was posted to the 113th Battery in Colchester, remaining there until May, 1901. At that time men from the 44th Battery were invalided home from Africa and posted to the 25th Brigade, of which the 113th Battery formed a part; I knew if I stopped much longer someone would come along who knew Poppy and I should be discovered. I therefore deserted and the same year joined the Royal Horse Artillery in my real name, Kesingland. In January, 1902, I was posted to the depot, and from the depot sent to X Battery at Woolwich. From Woolwich on January 12, 1902, I went to St. John's Wood, London. On January 26, 1902, I married Elizabeth Goldsmith, in my own name, Kesingland. We lived at Wimbledon until November, 1904. In November, 1904, while on furlough from the Horse Artillery, I went to Colchester to see Poppy, and while there I was arrested as a deserter from the Field Artillery. Rather than be tried for false enlistment in addition to desertion, I said nothing about being in the Horse Artillery. I was tried as a deserter from the Field Artillery and sent to 35 days' imprisonment, and I continued as a soldier in the Field Artillery, rejoining the 113th Battery at Shorn-cliffe. That battery was sent to Portsmouth in 1905, and the same year I was sent to India with the 41st Battery Field Artillery, where I remained till September 3, 1908. While in India I wrote to Mrs. Poppy at West Bergholt, and explained to her what had occurred between myself and her husband. I was sent home in the Reserve, and on landing in England went to see Mrs. Poppy on Christmas Eve, 1908. She knows quite well that I am not the man she married in 1899
Cross-examined. I do not think that Mr. Vale has any animosity against me. I had some conversation with him in 1908 and have seen him three times. He is mistaken in saying I am the man he saw married 11 years ago. I was introduced to him by Mrs. Poppy—I was living with her as her husband. I may state that previous to my being there two others had been living with her and three others since, so that I am only one out of six or more. She introduced me to Vale as "Ernest." He said he should hardly have known me. When I changed names with Poppy I was sent to a new battery entirely—the 75th—and there was no one who knew Gunner Poppy of the 44th Battery. Poppy had been a year and 10 months as a gunner. In taking his place I had no knowledge of gunnery, but at that time
the battery was being reorganised and the soldiers had to be taught to use the new gun. I was born either in California or Pittsburg. I came to England in 1908. I first went to West Bergholt in November, 1904, to see Poppy—I did not see Mrs. Poppy then. I do not know where Poppy 1s. I have not called Mrs. Poppy—I thought she would be here. I never told Sergeant Dillon that the woman I had married in 1899 was alive—that is a lie. Poppy was a fair man similar to me. I told Dillon he had made a mistake. I have never told this story until to-day. I said I wished I had made a clean breast of it; that was referring to the charge of desertion.
It was proved that prisoner was convicted on May 28, 1909, at Chelmsford Sessions in the name of Ernest George Poppy, receiving 18 months' hard labour, for a bigamous marriage on April 14, 1909, with Louisa Mary Wright at Colchester Registry Office, to which he pleaded guilty. He was stated to have treated his first wife very badly and to have deserted her. His conduct as a soldier was good.
Sentence, 18 months' hard labour, afterwards reduced to 15 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
COOPER, Harry (33, labourer) and COOPER, Alfred (29, labourer), both stealing one mare, the goods of John Roebuck, and feloniously receiving the same; both attempting to steal one gelding, the goods of Dunbar Kelly.
Mr. Fox-Davies prosecuted; Mr. Purcell defended.
Detective-inspector HERBERT SAUNDERS, B, Division. On October 10 I was keeping observation on a field on Copse Hill, New Malden. About 7 p.m. I saw the prisoners and another man come along. The two prisoners got into the field belonging to Mr. Dunbar Kelly. The other man remained in the roadway. Prisoners had a bunch of hay in their arms. I saw them chasing horses, and coaxing them with the hay. They drove them up into a corner of the field where there is a stile and a bright incandescent lamp. I did not know them before. They placed halters over two of the horses' heads. On horse reared and broke away. Harry Cooper led the horse to a gap in the hedge and Alfred got through. The horse was then handed over to a man waiting in the roadway, who led it away. Prisoners went off in the opposite direction; we lost sight of them. I then went towards Wimbledon Common, making inquiries on the way. From there I made towards Clapham Cross, where I met Sergeant Gough. He had been keeping observation in conjunction with us. From Clapham Cross we went to the "Swan" at Stockwell, where I saw Harry Cooper. He was hurrying in the direction of the "Elephant and Castle." I stopped him. I said, "I am a police officer and am going to arrest you for stealing a horse."
He said, "Me, sir, you have made a mistake. I have just come from Kingston Market and I am going to meet my brother at the 'Elephant' to borrow some money." I went on towards the "Elephant" and subsequently saw the other two officers. I then went towards Liverpool Street Station, where I saw a horse being led by a man. They stopped outside some livery stables in White Lion Street. Alfred Cooper ran across the road towards the horse and man. He turned round and I heard him say, "Hullo, Mr. Gough." Alfred was leading the horse then. I went to the livery stables and found the horse standing still in the yard; it had walked down there by itself. I took the horse into Commercial Street Police Station Yard. It was lame. They had walked it all those miles without any shoes on its feet. We had to convey it in an ambulance to Wandsworth. Prisoners were charged next day at Wimbledon. They protested their innocence.
Cross-examined. It was a very clear night. The field was well lit up in the corner. There were two lamps, I think. I was in a field on the opposite side of the road. The two thieves were under my observation for a quarter of an hour. I saw Harry at Stockwell about 9.40 p.m. Norton Folgate is 12 to 14 miles from the field. It was after 11 when I saw Alfred. They were asked to give up their boots at the station. I took the boots to compare the footprints in the event of there being any. I did not find any, the grass was too long. I am positive I have not made a mistake in identification.
Detective-sergeant JOSEPH GOUGH, B Division. On October 10 between 6.30 and 7 p.m. I was keeping observation in Copse Hill Lane. Prisoners entered a field. A third man remained outside, apparently watching. Prisoners had some hay in their arms. There were eight or nine horses in the field. They drove four or five of them up to a corner. Arthur caught the brown mare and placed a halter on her head. Harry Cooper then took the head of the mare whilst Alfred commenced plaiting up the tail with rye straw, also the mane. Alfred then went after a bay gelding and brought it up to where the mare was standing. The animal reared and bolted. They took the mare to a gap in the hedge, the lead was handed to the man who was waiting. He proceeded up Copse Hill Lane. Prisoners remained a little way back for some time. They followed up the lane. At that time I crossed several fields. I let them get ahead of me. When I got to the top of the lane. I lost sight of the man and horse and Inspector Saunders. I was following the two men. They knew me very well. They caught sight of me. I made for Clapham Cross, where I met Inspector. Saunders. In Clapham Road going towards the "Swan" at Stockwell we met Harry Cooper hurrying towards London. He was told who we were and that he would be taken into custody for being concerned with other men in stealing a brown mare from a field at Combe. He said, "What, me. You have made a mistake." I then conveyed him in a cab to the Elephant and Castle." I made inquiries. I then proceeded over London Bridge to Norton Folgate. I saw Alfred Cooper leading the brown mare. He turned down White Lion Street and was about to enter Jones's Livery Yard when he caught sight of me. He let go the
halter and ran towards the City. I went after him and caught him. He said, "Hullo, Mr. Gough." I asked him where he got the horse from. He said, "Horse! You have made a mistake; I have not been leading no horse. I met a man at the Elephant,' and he asked me where Jones's Livery Yard was and if I would show him he would give me a bit of silver."He was then taken to Bishopsgate Police Station and detained. He was subsequently charged at Wimbledon.
Cross-examined. It was a bright night, a very fine night. I was paying more attention to the men than the moon. There may have been a moon. There are plenty of incandescent lamps about there. I should think the thieves were under my observation in the field 20 minutes. I was in the field. The shortest distance I was away from them was six or seven yards. It was about 9.45 p.m. when I saw Harry at Stockwell. That may be eight or 10 miles from the field. It would be about an hour later when I saw Alfred. I heard Harry say, "What, me! You have made a mistake." At that point I took him into custody. He may have said that for what I know. When I first saw a man leading a horse at Norton Folgate I was three or four yards off. I did not arrest the thieves in the field, as I had other objects in view.
Detective-constable EDWARD MOY, B Division. On the night of October 10 I was near the field. I saw a man leading a horse up Copse Hill, in the direction of the Ridgway. I followed him to the "Swan" public-house, at the top of the hill. A minute or two afterwards the two prisoners came up. A cyclist brought the man some refreshment in a pot. Prisoners spoke to the man with the horse and turned and looked back and ran towards Wimbledon Common. I ran back, met Inspector Saunders, borrowed a bicycle from a constable on duty, and searched for the three men. I made inquiries on the way. At London Bridge I met Inspector Saunders. We went towards Norton Folgate. There I saw Alfred leading the mare. No one was with him. He went up White Lion Street, followed by Detective-sergeant Gough. Alfred was not more than half a minute under my observation. I should have ran and captured him, but my eyes were on Gough waiting for directions. He was just about to enter Jones's livery yard when he ran away. Gough caught him and gave him into my charge. I took him to Bishopsgate Police Station. On the way to the station he said, "I met a man at the 'Elephant'; he promised me a bit of silver if I would show him where the place was."
Cross-examined. I did not notice if the moon was shining when I saw the man come up Copse Hill. It is a long time ago and I did not put down anything about the moon. It was an ordinary October evening. You could see anyone you knew. In point of fact, the two prisoners, when I saw them, were on the opposite side of the street. I should know them perfectly well, but if I saw a stranger I should not be able to describe him so well; I should not be able to see sufficiently to identify him.
Dr. HUGH ROSE CRAN, New Malden. I am attending Edith Passion. She is not in a fit state to give evidence.
(Deposition of Edith Passion read.) "I am employed at the 'Swan.' I am a barmaid. I saw the shorter prisoner in our house between 5 and 5.30 on the evening of October 10. He was only there about five minutes. He was there with another man. I am positive he was the man, as he had been before. I served him with two half-pints of beer."
THOMAS JOHN MITCHELL , Lower Combe Farm, Kingston. I am foreman to Mr. Dunbar Kelly. He had charge of a horse received from Mr. Roebuck. I saw it safe in the field there. Its mane and tail were not plaited. It had no halter on. I identified it when it was in the custody of the police
HARRY COOPER (prisoner, on oath). I live at 73, Cambridge Road, Norbiton. I am as innocent as a baby; I know nothing at all about it. On October 10, about 2 p.m., I went to Mr. Lang's nursery at Hampton. I got home about 6.45. I had tea and said to my wife, "I am going to my brother by the 'Elephant and Castle,' to borrow some money to get a start." That is my brother Alfred. I have had a pedlar's license seven years. Mr. Gough would know that. I have not renewed it since 1908, because I have been working for my brother with a hoop-la. I wanted to borrow money from my brother to buy flowers from Mr. Lang. I have never been locked up before in my life. I left home about a quarter past 7. I walked up Gloucester Road, opposite where I live, Kingston Hill, the "Black Horse," down by the "Robin Hood," across Wimbledon Common, into Wandsworth. At Wandsworth I had to inquire my way. I also inquired my way at the "Swan" at Stock well, where I was charged by Inspector Saunders. What he has said is correct, but I did not say I had been to Kingston Market. I said I had just come from home. There is no Kingston Market on that day.
Cross-examined. I got to Mr. Lang's at ampton about 4 o'clock I was there about half an hour. I walked back, got to Kingston about 6. I must come through Kingston. I do not know where Copse Hill is or the "Swan." I know Mr. Kelly's farm. It is about a quarter of a mile from my house. I stopped in Kingston and walked round the town. When I was coming by Norbiton Church it struck about a quarter to 7. That is about three minutes' walk from my house. I did not go to Mr. Kelly's farm or cross the field.
ELIZABETH COOPER , wife of last witness. I remember the day my husband was locked up. He came home between 6.30 and 7p.m. After having tea he said he was going to London to get some money from his brother. My sister-in-law was present at the time.
wife, "I am going to London." She said, "Yes, hurry up, because it is just on 7 o'clock." Then he went out.
ALFRED COOPER (prisoner, on oath). I live at 44, Cambridge Road, Norbiton. I am a stableman and attend auctions and assist purchasers to take the horses home. This is the first charge ever made against me. On the day I was arrested I left home between 10.30 and 11 a.m. I went to Richmond to see a sister who was very ill. I afterwards walked to Putney. I went by train from Putney to Waterloo at about 2.30. I then went to the "Elephant" Horse Repository, where I work for my living. I was there until about 10—not in the Repository, but backwards and forwards, in and out the "Rockingham," where I get the dealers. The auction is going up to half-past 7 or 8. I met a Mr. Robinson. I did not get a job, as I expected, so I made inquiries for a man named Sharpe. Robinson told me he was in the South London Music Hall—that was the second house. As I had not earned any money that day I was going to borrow my fare off him to go to Kingston. Robinson said I will call him out for you, and we walked across together. He could not find him. Coming back there was some man coming along with a horse with tail and mane plaited up. He was inquiring his way to Jones's yard, Shoreditch, which I know well. He asked my friend. My friend said, "I do not know where it is; do you, Alf?" I said "Yes." The man said, "If you will come and show me I will give you a couple of shillings." I said, "I will go and show you." He said, "I wish you would because my mare is very lame," and she was lame. I would not have taken her along there for £50, especially up there. I went on the path with the man. I never touched the horse from first to last. I walked behind. When I got opposite Liverpool Street Station I saw a friend with a sawdust van. He asked me to have a drink. I said, "Wait a minute. I have to show this man to Jones's yard. I have 2s. to take off him; I won't be two minutes." When we got to the yard the man was still leading the horse. He said, "I won't be a minute." As I turned round Gough was on my heels at once. I said, "Hullo, Mr. Gough." He said, "I want you." I said, "What for?" He said, "For sneaking that horse." I said, "You have made the biggest mistake you have ever made in your life." He said, "Have I? I don't know nothing, do I?" He held me there I should think five or six minutes. Detective Moy came up. I kept telling Gough the man was up the yard. I said, "Why don't you go and get him? I have not stole the horse." He handed me to Detective Moy and said, "I will go and get the other man." When he came back to the station he said the other man had got away. When they brought the mare to Wimbledon Police Station I asked Gough to take me outside and take the straw outside and see if that is my plaiting. No two men plait alike. He would not let me.
JOHN ROBINSON , 90, Camberwell Road. I am outdoor man at the "Rockingham." I have been employed there over 30 years. I saw Alfred Cooper there one sale day in October. He asked me about a man named Sharpe, whom I know personally as using the house. I went into two or three public-houses looking for him, knowing his
haunts. This was after 9 p.m. I could not find him and told Alfred Cooper he might find him in the South London Music Hall. I went there to find him. They let me go inside to look for him. I could not find him there and told Alfred Cooper so. He said, "I must be getting back." We came back and when we got to the "Alfred's Head" there was a tall, thinnish man, with a dark overcoat on, holding a dark horse with straw in its tail. He wanted to find his way to Jones's stable. I asked him if he wanted the "Elephant and Castle" Repository. He said "No, he wanted Jones's stable." I said I did not know it. I said to Cooper, "Do you know where it is?" He said "Yes." The man said he would give him 2s. to show him where it was. They went along the Borough. I never saw them after that.
Cross-examined. I am not employed at the "Rockingham." I am outside man and do odd jobs for anyone. I fix the night as October 10. That was the date my wife died four years ago; it always comes to mind because she was so good and I miss her. I first saw Cooper about 6 o'clock that night, as near as I can guess. I saw him earlier at the Repository gates, while I went to the paper shop next door on an errand.
HENRY MASON , meat porter, 5, Parliament Street, London Road. I have seen Alfred Cooper once or twice. I remember an argument about dogs one day at the "Rockingham"; they were talking about matching two dogs belonging to a man named Alfred Prince, of New Malden. I do not know the name of the race; it was whippet racing, I think. I did not listent much. There were several there in the company. Alfred Cooper is the only one of them I see here. This was on October 10.
Cross-examined. I was first asked to give evidence about a week after by Robinson and Crawley. They said would I mind coming as I was in the company; I said "Yes." They reminded me that I had seen them there.
HENRY CRAWLEY , horsekeeper, 1, Chisholm Street, Camberwell. I have worked at the Elephant and Castle repository on and off 22 years. Monday and Thursday are sale days there. I was asked to come and give evidence about the fifth Monday after October 10. About 5.45 p.m. on October 10 I met Alfred Cooper. I asked him to come and have a drink at the "Rockingham," and we went. I looked at the clock and it was a quarter to 6 or just after. I told him I had not many minutes to stop because I had a gentleman in the yard after purchasing two horses and he wanted me to load them at Victoria Station if he purchased. It was Mr. Binn, of Southsea. I was with Alfred about 10 minutes. Then I went back to the yard. Mr. Binn did not purchase. I went back to the "Rockingham." I said to Alfred, "It is no luck to me; have another drink." We left the "Rockingham" at 20 past 6. I saw him again in the "Rockingham" about 7 o'clock. I saw him several times up to 8.45.
The Jury disagreed. Retrial wsas postponed till next Sessions, prisoners being admitted to bail.
BEFORE JUDGE LUMLEY SMITH.
(saturday, January 14.)
HONEY, Edward (27, labourer), and BUCK, James (23, dealer) , both breaking and entering the shop of Charles Bridger and stealing therein six pairs of boots, his goods; both maliciously damaging one plate glass window, value £6, the goods of Charles Bridger; Honey feloniously causing grievous bodily harm to Thomas Thornicroft, a police constable, with intent to resist his lawful apprehension. Mr. Conchy prosecuted.
Honey pleaded guilty.
Detective EDWARD HUNT, B Division. At 11.20 on December 8 I went to 69, Church Road, Barnes. I saw footmarks at the back and front of the premises and a plate-glass window broken. I came to the conclusion there were two men engaged in the crime. I followed the footmarks for a distance across Barnes Common to the back of a house named "Rose Cottage," which is about 200 yards from the shop. I found on the common these two tabs with the prices of boots. I also found a sack containing a pair of old boots and a pair of old shoes about three yards away from the tabs. In consequence of inquiries I made I went at 11.20 pm. and saw prisoner Buck in bed at a common lodging-house, Jubilee Chambers, Bradmore Lane, Hammersmith. In company with Detective Walker I woke him up and asked him his name. He said it was "White." Detective Walker took down what he said in my presence. Prisoner dressed and came down on to the landing and commenced to make a statement. He was cautioned by Walker. He then made a statement, which was read over to him, and he was conveyed to the station, where I showed him the two tickets and these two pair of boots. He said, "Well, that's done it properly." When showed the tickets he said, "Is that what them boots cost? You are never going to charge me with stealing them "—that was referring to these old boots. When charged he said "All right."
Cross-examined by prisoner. I did not ask you to sign your name to the statement because it was not necessary.
Detective CHARLES WALKER, B Division. In consequence of information given me I went at 11.20 a.m. on December 8 to prosecutor's shop with Detective Hunt. We saw footprints of two persons at the back of the shop. The front window was broken and some boots had been taken. We subsequently went to Jubilee Chambers and arrested Buck. He made a statement, which I took down in writing. I woke him up and said, "What is your name?" He said "White." I said, "I shall arrest you with being concerned with Edward Honey in shop-breaking at 69, Church Road, Barnes. Get up and dress." On the landing he began to make a statement. I stopped him and cautioned him. He said, "I was with Honey last night. I do not know whether the other man got away with his. I got those this morning"—pointing to an old pair of boots—"I gave 1s. for them off of James Turner. You might find the pawntickets on him now for
the ones he had off of me. I expect by this time they he has got rid of them. He is a rag and bone man. They don't keep anything long. They are too wide for that. I took them off another man. I don't know who he 1s. You must find out for yourselves." Police-constable Hunt then showed him two price tickets. Buck replied, "Is that the price of them?" He then said, "The judge and jury will make matters worse still. Take me to the station and get it over. It will be a holiday for you." When charged he replied, "All right."
THOMAS BUCKMAN , assistant to Mr. Thompson, pawnbroker, 48, St. Anne's Road, Notting Hill. These boots were offered in pledge by prisoner on Thursday, the 8th, at 8.15 a.m. He gave the name of J. Smith, 13, Sirdar Road. I went to Mortlake Police Court and picked him out from several men on December 14.
FREDERICK WILLIAM MITCHELL , manager to prosecutor. On the early morning of December 8 a police sergeant knocked me up and asked for the keys of my shop. He said the plate-glass window was broken. I gave him the keys and followed immediately. I afterwards went to the police station, where I saw five pairs of my boots. I afterwards went to Thompson's, the pawnbroker, and identified this pair of boots. I made them myself. I was short of the proper nails the quarter tips are fixed on with and used two-inch French nails. They were placed in the window because they were a misfit.
Prisoner declined to go into the box or to address the Jury.
A previous conviction was proved against Honey and numerous convictions against Buck.
Sentences: Honey, 20 months' hard labour; Buck, 19 months' hard labour.