FEBRUARY (1), 1911.
Vol. CLIV.] Part 916.
CENTRAL CRIMINAL COURT
HELD FEB. 7TH, 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 DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, February 7th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir HORACE AVORY , one of the Justices of His Majesty's High Court; Sir WALTER WILKIN , K.C.M.G.; Sir MARCUS SAMUEL , Bart.; Sir WM. PURDIE TRELOAR, Bart.; Sir DAVID BURNETT , Knight; CHARLES AUGUSTIN HANSON , Esq.; and JAMES ROLL , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; and His Honour Judge RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
HENRY C. BUCKINGHAM, Esq.
E. V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, February 7.)
Sentence, Nine months' hard labour, to date from the first day of last Session.
JONES, William (64, engineer) , feloniously uttering, well knowing the same to be forged, a certain forged power of attorney to transfer £1,100 £2 10s. per Cent. Consolidated Stock, with intent to defraud; feloniously uttering, well knowing the name and handwriting purporting to be the name and handwriting of the attesting witness thereof to be forged, a certain forged power of attorney to transfer £1,100 £2 10s. per Cent. Consolidated Stock; feloniously forging and uttering, well knowing the same to be forged, a certain general power of attorney to transfer a certain share and interest, with intent to defraud; stealing divers valuable securities of and belonging to one William Colecom and feloniously receiving the same.
Prisoner pleaded guilty to the charges of uttering, which plea was accepted by the prosecution.
It was stated that £220 had been recovered in the prisoner's possession and that he was prepared to pay over to the prosecutors £97 at his bank. Sentence postponed to Thursday to enable the payment to. be made. On that day it was stated that the amount in prisoner's bank was £47, which had been paid over—£50 having been drawn on a postdated cheque.
Sentence, 18 months' hard labour.
SALTER, Alexander (22, labourer), pleaded guilty of stealing six teaspoons and other articles, the goods of Herbert London; breaking and entering the Church of Saint Andrew and Saint Michael and stealing therein three offertory boxes and 3s., the goods and moneys of Herbert London.
Prisoner confessed to having been convicted at Sleaford Petty Sessions on September 10, 1906, receiving six weeks' hard labour, for stealing boots.
Sentence, Nine months' hard labour.
HANDLEY, David (39, postman), pleaded guilty of stealing one postal packet containing one card case, 6s., one postal order for 2s. 6d., and six postage stamps, the property of His Majesty's Post-master-General, he being an officer of the Post Office.
It was stated that on searching prisoner's house over 500 watches, bracelets, tie-pins, brooches, sleeve-links, spoons, and other articles were found, some of which had been identified as lost through the post.
Sentence, 15 months' hard labour.
JACKSON, Henry (40, labourer), pleaded guilty of breaking and entering the shop of the Aerated Bread Company, Ltd., and stealing therein one pipe, three boxes of cigars, and one dummy box of cigarettes, their goods.
Prisoner confessed to having been convicted on September 23, 1908, at South London Sessions, receiving 21 months' hard labour and license revoked, for larceny and receiving. Other convictions: November 21. 1905, Winchester, three years' penal servitude; also 18 months, 12 months, three months, six months, and six summary convictions for drunkenness and unlawful possession. Stated to have been at work since his last release on September 7, 1910.
Sentence, 15 months' hard labour.
Prisoner confessed to having been convicted at Newington on October 23, 1908, receiving 22 months' hard labour for larceny. Seven other convictions were proved, including three-and-a-half and three years' penal servitude. At the last November Session (see page 30) prisoner was convicted of malicious damage, and released on recognisances.
Sentence, 18 months' hard labour.
NORRIS, George Scarborough (27, porter) pleaded guilty ,of forging and uttering, knowing the same to be forged, three receipts for the several amounts of £2 10s., 2s. 4d., and 2s. 11d., in each case with intent to defraud.
Prisoner was recommended to mercy by his employers, the General Electric Company, with whom he had been for 15 years, bearing a high character. He was stated to have been in distress through illness in his family.
Sentence, One day's imprisonment.
CRANE, Albert (18, dealer), pleaded guilty of forging and uttering, knowing the same to be forged, two several orders for the payment of money, to wit, bankers' cheques for £3 10s. and 16s. 6d. respectively in each case with intent to defraud; stealing one hand bag, one railway season-ticket, one postal order for 8s., 12 penny postage stamps, one cheque book and one purse, the goods of Alice Thompson.
Prisoner was convicted on January 13, 1910, at the Mansion House, receiving six weeks' imprisonment as a suspected person. Stated to have passed off a large number of forged cheques.
Sentence, Three years' imprisonment under Borstal treatment.
Mr. Forster Boulton prosecuted; Mr. Rooth defended.
EDWARD JOSEPH STRATFORD , clerk in the secretary's department, General Post Office. In consequence of complaints of missing letters I made inquiries, suspected prisoner, and on January 9 made up a test packet, addressed to "Birkenshaw, c/o Selby and Sons, 180, King's Street, Hammersmith," containing purse with two half-crowns, one florin, two shillings, and 2 1/2 d. in bronze, all bearing my private mark. The next day I saw prisoner in the private room at Hammersmith Sorting Office, informed him that the packet had not been delivered, and asked him if he had any explanation to make. He said, "I do not remember anything about it." I asked him if he had any objection to turning out his pockets; he said, "No." Policeconstable Sharman made a search; in his belt were found two halfcrowns, one florin, two shillings; and one penny, marked coins, which I had put in the packet. I asked him if he had anything belonging to the post office at his lodgings; he said he had not. I asked him if he had any objection to his lodgings being searched, and he said, "No." Sharman then went to his lodgings and brought back the purse, the covering of the packet, and portions of the cardboard box contained in the test packet, and told prisoner, "I found them in your room at your lodgings."Prisoner then said, "I took the packet home and I was tempted to open it." He was then given into custody.
(Wednesday, February 8.)
EDWARD JOSEPH STRATFORD (recalled), cross-examined. I had no knowledge of prisoner previous to this incident. He entered the Post Office service in November, 1909; he had been a soldier, had served with the colours in South Africa as a bombardier in the Royal Horse Artillery, and had been discharged with an excellent character. He did not say he intended to return the money or that he had found the packet in his bag, and that it was too late to bring it back to the office.
WILLIAM JOHN VIOLET , assistant superintendent, G.P.O. I saw last witness make up the test packet and post it. I collected it and put it in a special packet addressed to the Overseer at Hammersmith Sorting Office, with directions for it to be specially dealt with.
the letters for prisoner's "walk." It was his duty to examine the letters and if one was not on his walk to put that into the proper walk. I saw prisoner put the letter out as an ordinary mis-sort packet, and then afterwards as he left the office he placed it in his bag. It was his duty if in possession of a letter out of his walk to post it at the nearest pillar box or if too large to go into the box to post it at the Hammersmith Broadway Post Office, where there is a large aperture, or bring it back to the office the next morning. Prisoner lives at 26, Queen's Street, close to Hammersmith Broadway Post Office, which is open till 11 p.m.
Cross-examined. Prisoner's walk includes a portion of King's Street from No. 232 upwards; the test letter was addressed to 180, King's Street, which is out of his walk.
Detective EDWIN CLARK, A Division, attached to the G.P.O., corroborated.
JOHN CORBETT (prisoner, on oath). I have been eight years in the Army. I went to South Africa in 1901 and remained there till the close of the war, was in India for five years and took my discharge owing to deafness impeding my advancement, arriving in England in January, 1909. I put my name down for service in the Post Office and was employed in November, 1910. I have a pension of 3s. 6d. a week, which terminates in December, 1912. I could not say how I became possessed of the test letter. After I had done my delivery I found it in my bag. I could not get it into a pillar box, and took it home. I became curious and opened it, thinking it was a joke which was being played on me. I found a purse, the money, and a letter. I left the purse, letter, wrapper, etc., on the table at my lodgings and put the money in my belt for safety, intending to return it at the office the next morning. Being a little late, I forgot to bring the packet with me. I told Mr. Stratford that part of the money was mine, because there was 2s. or 3s. of my own money. I said that I had taken it with the intention of taking it to the office the next morning, but that it had escaped my memory.
Cross-examined. I live at 26, Queen's Street, Hammersmith, and close to the Broadway Post Office. I tried to repost the packet into a letter-box in King Street, but found it would not go in. I did not deliver it at Hammersmith Broadway because I thought that office would be closed.
It was stated that a large number of packets had been missed and that prisoner had on two previous occasions taken mis-sorted letters and opened them.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 7.)
CHALK, Charles (45, tinsmith), pleaded guilty of feloniously possessing two moulds in and upon which were impressed the obverse and reverse sides of a shilling and of unlawfully possessing counterfeit coin, with intent to utter the same.
Two previous convictions were proved, one in 1906 for possessing counterfeit coin, when prisoner received 15 months' hard labour. As far as could be ascertained he had done no work since his release from that sentence.
Sentence, Five years' penal servitude.
JONES, Henry (30, bricklayer), and SMITH, Frederick (24, dealer), pleaded guilty of feloniously making and counterfeiting counterfeit florins and of feloniously possessing a mould in and upon which was impressed the obverse side of a shilling.
Jones was further indicted for that he is a habitual criminal. Mr. Pickersgill, M.P., prosecuted.
Formal proof was given of service of notice, and of three previous convictions; one on July 6, 1901, at the Middlesex Sessions, in the name of Andrew Moran, with a sentence of three years'penal servitude for larceny; another on June 14, 1904, at St. Albans Quarter Sessions, with a sentence of four years' penal servitude and two years' police supervision for larceny, and a third on October 28, 1909, at Wells, Somerset, with a sentence of 15 months' hard labour for larceny.
Detective-sergeant GOODWILLIE, New Scotland Yard. Prisoner is known under the names of " Woods," " Wood," Moran," and " Albert Jones." He was born in 1879 and worked as a labourer till he was 17. He said, on my inquiring, that he could not give me the addresses of any people for whom he had worked. I cannot find that he has been employed anywhere. There are the following further convictions against him: One month on June 18, 1896, for stealing; two months on August 15, 1896, for loitering; nine months on April 21, 1897, for stealing; 18 months on December 5, 1899, for stealing; and three months on June 25, 1909, for loitering. He knew nothing of coining until this offence, but for two months previous to his arrest he and Smith were engaged in it.
Prisoner, called upon for his defence, stated that he had nothing to say.
Against Smith seven previous convictions were proved, one being for a coinage offence, for which he received six months' hard labour. He was stated to be an associate of good coiners, to be an expert, and never to have been known to do any work.
Sentences: Jones, Three years' penal servitude and Five years' "preventive detention; Smith, Five years' penal servitude.
JONES, Jack (36, labourer), pleaded guilty of breaking and entering the shop of Samuel Brothers, Limited, and stealing therein one pair of boots, their goods; breaking and entering the shop of Elijah Hammond and another on December 20, 1910, and stealing there one overcoat; their goods; breaking and entering the shop of Elijah Hammond and another on January 5, 1911, and stealing therein two overcoasts, their good; breaking and endering the shop of Charles Anthony Coyne and stealing therein two boots, his goods.
Prisoner confessed to a previous conviction of felony at this Court on February 8, 1910. He was born in Birmingham, where inquiries had been made about him, with no result. Since his coming to London he had done no regular work. He stated that his name was not "Jack Jones."
Sentence, 12 months' hard labour.
THOMAS. William Owen (60, dealer) , feloniously stealing a cheque book containing 41 cheque forms, the property of Herbert Stanley Judson; (second count) attempting to obtain by false pretences from Cecil Trudman 20 bracelets and other articles, with intent to defraud.
Prisoner pleaded guilty to the latter indictment, and the first indictment was proceeded with.
Mr. Trapnell prosecuted.
CECIL TRUDMAN , wholesale jeweller, 148, Holborn Bars, W.C. On January 24 prisoner, with another man, came to the warehouse and asked for some jewellery on approval; he gave his name as "William Owen Thomas," and said he was a fancy goods dealer. I told him that I could not do that as I did not know him and they said they would pay cash. The other man went and had a cup of tea while prisoner selected about £77 worth of goods. He then produced a cheque book" and on my saying I could not accept that he became indignant and said that his cheque was more than good for the amount. I asked him to give me the names of any firms he had bad dealings with and he said he was afraid that the principals would be gone, as it was then about 5.30 I suggested he should leave the cheque and, on my finding it was all right in the morning, I would forward the goods, but he said he would come with the cash next morning. I said I did not expect him to return and he need not try to play that game on me. He asked me whether I thought he was a thief and I said I did. I followed him out and gave him in charge.
To the Court. He said he lived at Balham and that it was a Balham bank, but he did not give me the name of it.
Police-constable WILLIAM BULGIN, 349 B. On January 24 the last witness gave prisoner in charge in Holborn. On searching him at the station I found this cheque book (produced), which he said was his property; he said that he had £700 in the Balham branch of the City and Midland Bank. He gave his name as "William Owen Thomas" of 68, Bournville Road, Balham, and that he was, or said that he was, a fancy goods dealer. His card bears the address," 104, Drakefield Road, London, S.W.," and the name "William Bowen Thomas."
WILLIAM BOWEN THOMAS , Gillingham, Kent. In the early part of January last year I was living at 104, Drakefield Gardens, Balham, which is my house. The present tenants are not named Thomas, nor has prisoner ever occupied that house. The name and address on this card are mine, but it is not my card.
RICHARD HERBERT WILSON , manager to Herbert Stanley Judson, 224, Clapham Road. About 8 p.m. on December 2 I left this cheque book in the safe and on arriving at the office the following morning I found the safe had been carried off. Prisoner has no right to the cheque book. There were 165 cheques left in it when I saw it last, but the bottom lot of cheques have now been torn off and 124 are missing. All the counterfoils to the missing cheques are blank, with the exception of one, which is in a strange handwriting.
Prisoner's statement before the Magistrate." I had no intention of defrauding the prosecutor of any goods. If I had taken the goods I could have met the cheque the next morning. The cheque book I found the day before."
WILLIAM OWEN THOMAS (prisoner, on oath). My name is William Owen Thomas. It was impossible for me to have stolen this cheque book because on the date it was stolen I was in Wakefield Prison and I was not discharged until January 13.
Cross-examined. I found it the day before I was arrested. On the night before I was arrested a man named "Floyd," whom I had never seen before, lent it to me to buy some goods with; I was to sign my name. I saw him next morning as he arranged, and in the evening I went to the prosecutor's shop to get this jewellery. I had no banking account, but I could have gone in the morning and paid him the money before he presented the cheque. I had a man in the country who had ordered the goods; I do not wish to give his name.
Verdict, Guilty of receiving.
Prisoner confessed to a previous conviction of felony at this Court on September 9, 1908, in the name of John Thompson, when he was sentenced to three years' penal servitude. Three further convictions were proved. He had six months to serve of his sentence in 1908.
Sentence, Three years' penal servitude, to be followed by two years' police supervision, on the count on which he had been found guilty, and one day's imprisonment on the misdemeanour count.
BEFORE MR. JUSTICE AVORY.
(Wednesday, February 8.)
LIVERMORE, Francis Joseph (50, labourer) , being a male person, did unlawfully have carnal knowledge of Annie Elizabeth Livermore, to his knowledge his daughter. (In camera; Punishment of Incest Act, 1908.)
Mr. Graham-Campbell prosecuted; Mr. Eustace Fulton defended. Verdict, Not guilty.
WILLS, William Alexander (56, formerly a Baptist minister and missionary), pleaded guilty of acts of gross indecency with three boys under the age of 13 years (nine counts) and with three boys over 13 and under 16 years (10 counts). There were also indictments charging the committing of abominable crime with the same boys; with the approval of the Court, the Crown accepted the plea to the misdemeanour indictment and the others were not proceeded with.
Mr. Leycester (with Mr. Muir) prosecuted; Mr. C. F. Gill, K.C., and Mr. Frampton appeared for prisoner.
Sentence (February 9): On the first nine counts, Five years' penal servitude; on the remaining 10, Four days' imprisonment; to run concurrently
LEENING, Edith (17, domestic servant), pleaded guilty of feloniously throwing upon Maud Stock a certain corrosive fluid (spirit of salt) with intent to burn her, or to maim her, or to disfigure her, or to do her grievous bodily harm.
Prisoner, when asked if she exactly understood to what she was pleading guilty said "She intended to murder her."
Sentence, Six months' imprisonment, second division.
BEFORE THE RECORDER.
(Wednesday, February 8.)
Burns confessed to having been convicted at this Court on December 10, 1906, receiving five years' penal servitude, for coining; two other convictions were proved.
Sentences: Burns, 18 months' hard labour; Cohen, 12 months' hard labour.
Prisoner was stated to be of good character, to have served in the Special Army Reserve, and to have committed this offence under the influence of drink. He stated that he desired to enter the Army.
Sentence was postponed till next session, Mr. ScottFrance, the Court Missionary, to endeavour to find prisoner employment.
Prisoner pleaded guilty to robbery without violence, which plea was accepted by the prosecution. Prisoner confessed to having been
convicted at Clerkenwell on November 6, 1906, receiving three years' penal servitude for warehouse breaking; several summary convictions were proved. Since his release from prison on November 6, 1909, prisoner was stated to have been regularly working, with a good character, and to have committed this offence when starving, after attempting to obtain work.
Sentence was postponed till next sessions, Mr. Scott-France, the Court Missionary, to report.
EVANS, Thomas, pleaded guilty of obtaining by false pretences one watch from Mary Jane Golding. He confessed to having been convicted on March 14, 1908, at Glamorgan Assizes, receiving 18 months' hard labour, for obtaining goods by false pretences. Several other convictions were proved. Prisoner was already under sentence of six months' hard labour at Cardiff.
Sentence, 12 months' hard labour, to run concurrently with the sentence already given.
BEFORE THE COMMON SERJEANT.
(Wednesday, February 8.)
JAMESON, Ferdinand (23, athlete) , unlawfully causing Florence May Shaw, an unmarried girl under the age of 16 years, to be taken out of the possession and against the will of the person having the lawful care and charge of her; carnally knowing the said Florence May Shaw, a girl over the age of 13 years and under the age of 16 years; unlawfully taking the said Florence May Shaw, an unmarried girl under the age of 18 years, out of the possession and against the will of the person having the lawful care of her with intent that she should be carnally known.
Verdict, Guilty on the first two indictments.
Sentence, Four months' imprisonment, second division.
Ernest Proctor pleaded guilty; also to being a habitual criminal.
Mr. Pickersgill, M.P., prosecuted; Mr. Moran defended.
Police-constable THOMAS NICHOLLS. On January 13, about 10.30 a.m., I went with other officers to 13, Prebend Street, St. Pancras. In the first floor back room I saw prisoners sitting on either side of the fire. I told them we were police officers and were making inquiries respecting persons suspected of making counterfeit coin. They made no reply. I then opened the oven door and found there traces of plaster of paris. I then searched prisoner Hector and found nothing upon him. I then searched prisoner Ernest and found in his coat pocket these two moulds, which were still warm. They are both for making the same coin. Ernest said, when I had found the moulds, pointing to his
brother, "He knows nothing about it." Hector said, "This is being out of work. I only came here to live because my landlady would not keep me." I then searched the room and found this pot and this metal beside the fire. They were exposed to view. I found also a quantity of tin and antimony, and a file in a tin box under a sort of table, which was hidden by a curtain. Prisoners were conveyed to Platt Street Station and charged. In reply to the charge they said "Yes."
Cross-examined. The only object exposed to view of the articles I found was the saucepan. The stove was a range. I think the room was used as a living room. There are no convictions against Hector. I understand he bears a good character.
Police-constable CHARLES PITTS and Sergeant GOODWILLIE corroborated.
Mrs. BETSY PROCTOR, mother of prisoners. I occupy two rooms on the first floor with my husband. Hector came to live with us about the end of September. He slept in the back room. Ernest came to live with us on December 3. He slept with his brother.
SIDNEY WILLIAM SMITH , assistant assayer, H.M. Mint. These moulds are suitable for casting coin from some fusible metal, but they do not appear to have been used for that purpose. They are new. The articles found by the police are such as would be used by coiners for making counterfeit coin.
No evidence was called for the defence.
Verdict (H. Q. Proctor), Not guilty.
Sergeant GOODWILLIE (recalled) proved the following convictions against Ernest Proctor: Uttering base coin in 1899, nine months; possessing house-breaking implements, 1902, 18 months; December, 1907, four years' penal servitude. Prisoner was liberated on December 3, 1910, and is now on licence up to December, 1911.
Sentence, Three years' penal servitude and Five years' preventive detention.
Mr. Tully-Christie prosecuted.
ARTHUR FRANCIS , 49, Myddelton Square, N. On January 16, about 7.30 p.m., I was going home from John Street. At the corner of Chadwell Street and Myddelton Square prisoner was standing. He grabbed my chain, which broke at the swivel, and the bar. My waistcoat was torn open from top to bottom. I ran after him, crying "Stop, thief!" I was running on the pavement of the inner circle of the square and as I just got to the corner he doubled back. A policeman was in the passage there and prisoner found he could not get through. I ran after him. The policeman was quicker than I was. By the time I got to the other side of the square prisoner was in the arms of the policeman. Between the man and myself the pavement was clear. There is no question about who it was.
Cross-examined by prisoner. I do not know if you had an overcoat on; it was in the dark hour of the night. You ran towards the passage
of Sadler's Wells Theatre, going out of John Street. There have been several troubles there and they have placed a policeman there. It is about 20 yards from the corner where I turned round to the passage. I did not see the constable before I called "Stop, thief!" I could not see your face.
Police-constable ERNEST LENNARD, 500 G. I was on duty in Myddelton Passage at 7.30 p.m. on January 16. I heard a cry of "Stop, thief!" coming from the direction of Chadwell Street. I went towards the square and saw prisoner running towards me. Directly he saw me he ran back. I followed and caught him before he got out of the square. He was then walking. He had stopped running. When prosecutor came up he said prisoner had stolen his chain and I took prisoner to the station. The chain was found by me in the gardens of the square.
To prisoner. When I came up behind you I said, "You are the man. You said I had made a mistake. That was 60 or 70 yards from when I first saw you."
Prisoner's statement." Cautioned. Says 'I left home last night at 7 o'clock. I was coming round the square when the constable arrested me and said that the gentleman had lost his chain and I was the one who had done it. I said it was a mistake. I had only just left home.' "
JOSEPH BASS (prisoner, not on oath). I came away from home at a quarter to six on January 16. I was going to Sadler's Wells Theatre, the first performance. When I got there it was about 20 past 7, and being rather late for the performance, I altered my mind and was going to see the proprietor of the "Vernon Arms." I then went to the top of the turning, where Sadler's Wells Theatre is, and went to the right of the square to make my way to Pentonville Road. About three yards from the corner a man rushed by me with an overcoat and cap on. I took no notice. Ten to 15 yards from the corner I heard someone behind me. I turned and saw the constable. He said, "You are the man that is running." I told him I had not been running and that he had made a mistake. He said, "Wait a minute." I waited about two minutes. The prosecutor came up and then the constable took me to the station. When they charged me prosecutor said he did not see my face; he only saw my cap; he said the man stole his chain. Surely he ought to recognise him by some more means. I am entirely innocent of the charge.
A previous conviction was proved.
Sentence, Nine months' hard labour.
Mr. May prosecuted.
Police-constable B. SMITH, 172 G. At 1 a.m. on January 27 I was on duty in Farringdon Road. I saw prisoner and other men trying to get a drunken man into a hansom cab. He declined to get into the cab and pulled himself away from them. Prisoner and the others then
rushed at him and took him a few yards further along and got him fixed against a coffee stall. Prisoner got his arm round the drunken man's neck and had his right hand in his left breast pocket. I heard some money drop in the carriage-way. I then arrested prisoner. I told him I was a police officer. He commenced struggling and told me I had better let him go. When he was charged he made no reply.
ALFRED COVINGTON , 26, Market Street, Wellingborough, salesman. I was not quite sober on the morning of January 7. I was having some whelks at a barrow; prisoner came and looked at me and just afterwards, when I had finished my whelks and was going off, somebody caught me from behind and emptied my pockets. He put his arm round my neck and held my head up; another hand was digging at my waistcoat pocket here and I felt also a number of them at my trousers pocket. I struggled and when I got loose I found two pockets sticking out, empty. I lost about 15s.
Cross-examined by prisoner. When you were charged with robbing me and I was charged with drunkenness I said if I thought you were the man I would have a go at you. I know you are not the man that went down my trousers pocket. For the defence two witnesses were called, who did not answer.
Previous convictions were proved.
Sentence, 12 months' hard labour.
BEFORE JUDGE RENTOUL. (Wednesday, February 8.)
HARRISON, Alfred Horace, pleaded guilty that, being an undischarged bankrupt, he did obtain credit to the extent of £20 and upwards from Henry Herbert Gethen and from Herbert Frederick Crosthwaite and others, without informing them that he was an undischarged bankrupt.
It was stated that prisoner was suffering from cancer in the throat and would shortly have to undergo an operation. He was released on his own recognisances in £5 to come up for judgment if called upon.
GRAYSON, Milton (23, sailor) , indicted for feloniously wounding and causing grievous bodily harm to Walter Eugene Washington, with intent to do him some grievous bodily harm, pleaded guilty of unlawful wounding.
It being stated that prisoner, who is a sailor in the American Fleet, would be taken back to his ship, he was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE MR. JUSTICE AVORY.
(Thursday, February 9.)
SMITH, Walter (30, tailor), pleaded guilty of (1) sending to Daisy d'Ambrumenil a letter demanding money with menaces; (2) demanding with menaces from her certain moneys with intent to steal the same.
Mr. Muir prosecuted
Sentence, 20 months' hard labour.
BEFORE THE RECORDER.
(Thursday, February 9.)
ROSE, William (37, clerk), and FERDINANDO, Frederick Edward 35, agent); Rose, having been entrusted with certain property, to wit, the sum of 5s., for the purpose of issuing a plaint, did fraudulently convert the same to his own use and benefit; Rose, having received the sum of of 16s. 9d., on account of Mary Ann Hartgrove, did fraudulently convert the same to his own use and benefit; both unlawfully conspiring together to obtain by false pretences, with intent to cheat and defraud, the sums 10s. 6d., the moneys of the London and Lancashire Fire Insurance Company; £3 3s., the moneys of the Builders Accident Insurance, Limited; £2 2s., the moneys of Leonard Cressey, £2 4s. 6d., the moneys of Leonard Cressey; and £2 2s., the moneys of Leonard Cressey; both unlawfully conspiring together to fraudulently convert to their own use and benefit the sum of £2, the moneys of William Barber.
Mr. Bodkin and Mr. E. C. P. Boyd prosecuted; Mr. Martin O'Connor defended Rose; Mr. St. John McDonald defended Ferdinando.
The conspiracy indictment was proceeded with.
JACOB DE MEZA , partner with David de Meza, Leeds Place, Tollington Park, cigar manufacturers, owner of 11, Stroud Green Road. Towards the end of August the two prisoners met me outside my factory. Rose said he had seen the upper floor at 11, Stroud Green Road, and that he thought it would suit him as a Solicitor's office. They came into the office and Boyd offered me a card, "F. Meredith Day, solicitor." and an address in Hornsey Road. He agreed to take the office and said he was going away, and his clerk (Ferdinando) would attend to it. I asked for a reference, which was given, and which I found satisfactory. A few days later Ferdinando called; I said I would accept Mr. Day as a tenant, and produced agreement for three years at a weekly rental of 14s. Ferdinando proposed to take the agreement away to be signed; I objected to that. I wanted to see it signed by Mr. Day. On September 10 Rose signed the agreement in the name of Frank Meredith Day, the signature being attested "F. E. Ferdinando" by the other prisoner in my presence. I should
not have let the premises but that I thought Day's statements were true.
Cross-examined. Rose said he wanted the premises as a solicitor's office. I did not send a copy of the agreement to Mr. Day—it was overlooked. I believe I made a remark that it was Mr. Day, of York Buildings, Adelphi, having looked up the name in the directory.
ANNIE MARGARET KENDRICK , 98, Bemerton Street, Caledonian Road, spinster. In the beginning of 1910 a canvasser called at my shop with circular of the North London Legal Aid Society for the Protection of Tradesmen, Workmen, and Servants, the subscription to which was 1d. per annum, which I paid, and received receipt" 312, Hornsey Road, North. Upon production of this card Miss Kendrick, of 98, Bemerton Street, having paid the sum of 1d., is a member of the above Society, is entitled to Legal Advice during 1910 by the solicitor to the above Society on any Tuesday or Thursday evening at 7 p.m. Manager and Secretary F. E. Ferdinando."
WILLIAM BARBER , 110, Fonthill Road, Hornsey. I am 15 years of age, and in 1910 was employed by the Eatwell Griffin Hygienic Laundry Company as a vanboy at 5s. a week. On July 20, 1910, I fell from the loft, broke my collar bone, and was taken to the hospital. Shortly afterwards Rose called at my home, gave me a card, and said he was Meredith Day, and that he had come about the money which I was to receive from the laundry for the accident. He had seen my uncle. We went to see Mr. Rathbone, the manager at the laundry, who paid Rose 30s. Rose afterwards paid my mother 25s. Rose said he would get £2 further compensation. I have called several times for it. I saw Day, he said he was going down to get it. When I went for it he said he was waiting to see whether my mother wanted it. I told him she did. I afterwards went to 11, Stroud Green Road, about six times and saw both the defendants. Rose showed me receipt (produced) which he said was to be signed. I have never signed any receipt and have no further money.
Cross-examined. The 30s. was for the first six weeks' wages. My mother did not think £2 was sufficient. She never refused to take the £2.
FRANK PHILIPS , Claims Inspector, London and Lancashire Fire Insurance Company, 76, King William Street. I received letter of August 30 from "F. Meredith Day, solicitor of oaths, 296, Hornsey Road, Islington, "claiming compensation under the Workmen's Compensation Act for the accident to William Barber, signed "F. Meredith Day." After inquiries I called at Day's office in Hornsey Road, was directed to 11, Stroud Green Road, and saw Rose. He said, "I am very glad you have called over this small matter—I have had a lot of trouble with it. I have been down to see your policyholder, and the manager was rather rude." I agreed to pay £2 compensation and 10s. 6d. solicitor's costs. The next day I forwarded cheque (produced) for £2 10s. 6d. to Day at 11, Stroud Green Road. The cheque has been honoured, and is endorsed "F. M. Day—Joseph Rose." I believed Rose was a solicitor and named Meredith Day or I should not have paid solicitor's costs.
EDWIN JOHN EARLE , manager, Farrow's Bank, Limited, 290, Holloway Road. I produce certified extract of the account of "Joseph Rose" with my bank. On September 26 there was a credit balance of 5s. 6d. On September 30 £2 13s. was paid in by cheque produced for £2 10s. 6d. and cash 2s. 6d. On the same date cheque for £2 7s. was drawn in favour of Kent, leaving a credit balance of 11s. 6d.
CHARLES A. BROWNE , Secretary, Builders' Accident Insurance Company, Limited, 30 and 31, Bedford Street, Strand. Inward and Lovell, builders and contractors, are insured with my company in respect of damages under the Workmen's Compensation Act. On June 24 they forwarded letter produced from F. Meredith Day claiming compensation for an accident to J. H. Brown. On July 2 I received letter from Day suggesting a settlement. On August 29 Rose called on me, handed me card produced of "F. Meredith Day, Solicitor and Advocate, 296, Hornsey Road." I arranged with him to pay £25 damages and £3 3s. solicitors' costs. Agreement produced was drawn up, which was signed by J. H. Brown on September 8 and witnessed by "F. Meredith Day." On September 20 I sent cheque produced for £3 3s. to Day, the £25 compensation having been paid to the Bloomsbury County Court. The cheque has been honoured and is endorsed "F. Meredith Day—Joseph Rose," apparently in two different handwritings. I should not have paid the £3 3s. unless I had believed that Rose was the solicitor for Brown, entitled to receive it.
Cross-examined. Negotiations were going on between July 2 and September 8—about six letters passed. Solicitors' clerks frequently negotiate the amount of compensation.
MARIA BARBER , mother of William Barber. I received 25s. from Rose at his office in Hornsey Road in connection with my son's accident. I have had no further money, and no sum has been offered me. I called at Day's office several times, both at 296, Hornsey Road, and 11, Stroud Green Road, and Rose once. He told me the insurance company had awarded me £2. I said I would take it. I once saw Ferdinando—he told me not to be in a hurry, the case would go on all right.
Cross-examined. I called about 10 times. I never saw the real Meredith Day. Rose told me at 11, Stroud Green Road, that he had not yet received the money from the company—that was in September.
Sergeant HORACE BAKER, 41 N. I have been gaoler at North London Police Court for 20 years. No one is allowed to see prisoners except solicitors and counsel, who fill up and sign a special form. On September 7 Ferdinando applied to see a prisoner named Betts. I asked him who he was. He said, "I am Mr. Meredith Day's managing clerk." I told him he could not see the prisoner, but Mr. Meredith Day could. He asked me to tell Betts to ask for a further remand, and Mr. Meredith Day would see him in Brixton Prison the next day. I said, "I cannot be the means of a man shutting himself up, but you can go into Court and inform the magistrate." He went into Court and sat there for some time, but before Betts was brought
in the left. Mr. Meredith Day's managing clerk was called for, and Betts was put back. At about 2 p.m the same day Rose asked to see the prisoner Betts. I handed him form produced, which he filled in and signed "F. Meredith Day, certificated solicitor," and he went with a counsel and saw Betts.
Cross-examined. A solicitor's clerk sometimes would go in with a barrister to see a prisoner.
LEONARD CRESSEY , 347, Seven Sisters Road, shop assistant. On October 25, 1910, I with my father and my two brothers were arrested for conspiracy, brought up at North London Police Court, and remanded—I was on bail but my father remained in custody. On November 3 Rose called at our shop, saw my mother andmyself, and said, "I have come down from Mr. Cressey" (my father) "from Brixton Prison," and showed me paper signed by my father retaining Day as solicitor. He produced a card and said, "I am F. Meredith Day, a solicitor." We discussed the case; he agreed to appear for us and said, "My fee is £2 2s.," which I paid him and he gave me receipt produced signed "F. Meredith Day." The following day I attended at the Police Court, a barrister appeared on our behalf and Rose was present. We were again remanded. On November 10 Rose again called at our shop, asked for a further fee, and was paid £2 2s. and 2s. 6d. for bail fee. We again attended at the Court on November 10 and were remanded to the 17th. On that day Ferdinando, whom I had not seen before, called and said, "I have called on behalf of Mr. Meredith Day and I want £2 2s." He produced receipt and Day's card. He said that Mr. Day was away on another case at Peterborough. I refused to pay him and saw him again in Court. He asked me again for the £2 2s. We were represented by counsel instructed by Ferdinando; we were again remanded and I then paid Ferdinando £1 18s., for which he gave me receipt produced, signed "F. Meredith Day." That evening Ferdinando called and I paid him 4s., the balance of the fee. Before our next appearance at Court Ferdinando called at our shop with another solicitor named Edgar Searle; he said there had been trouble up at the office and so he had brought Mr. Searle instead of Day, as he did not want to see us left without anybody. I paid Mr. Searle 25s. We were committed for trial at Newington Sessions. No one appeared to defend us. I was convicted and bound over.
Cross-examined. On the three occasions when I paid the two guineas counsel appeared for me at the Police Court.
FRANCIS MEREDITH DAY , 63, Claverton Street, Pimlico. I have been a solicitor for 23 years and am now practising at 86, Brixton Road. From 1894 to 1907 I did not take out my certificate, the annual payment for which is £9. In April, 1910, I was introduced to the two prisoners in an Ærated Bread shop in Holborn. Ferdinando was manager of the Legal Aid Society. He retained me as solicitor at a salary of £1 a week. In May, 1910, I took an office at 296, Hornsey Road, which was furnished by Ferdinando. I engaged him as managing clerk at a salary of £3 a week. About June Rose entered my
employment as assistant clerk at a salary of £2 a week. I had a brass plate put upon the dor of 296, Hornsey Road (produced), with my name, "F. Meredith Day, Solicitor, Commissioner for Oaths." In July I terminated by letter Ferdinando's services to me—I continued as solicitor to the Legal Aid Society. I addressed my letter to Ferdinando at 312 or 314, Hornsey Road, and posted it myself. I produce copy of the letter. I had no answer, but in the course of the week he told me he had received it. Rose then became my managing clerk until September 16, when I gave up my offices at 296, Hornsey Road, by giving a week's notice to the landlord. I told Rose I was shutting up my offices and I should not requite him any more—that was about a fortnight before September 16. I removed the few papers that were there; there was no business pending as far as I knew; Rose told me that the cases had been finished. During August I called at 296, Hornsey Road, once or twice a week and saw anybody who was sent by the Legal Aid Society. I told Ferdinando I was not going to have anything more to do with the society—I cannot give a date for this, but it was after I had written dismissing Ferdinando. I told the landlord at 296 to take my plate down and keep it in his shop until I called for it. The rent, which was 14s. a week, was paid out of the business. I only kept a letter book there. I know nothing of the taking of 11, Stroud Green Road; the agreement is not signed by me, it is signed in my name by Rose, and attested by Ferdinando. I gave no one authority to put my plate up or my name up on the windows at 11, Stroud Green Road. On October 25 I heard something and went to 11, Stroud Green Road. The office boy said, "Mr. Day is out." I said, "I rather fancy Mr. Day is here." I went into the officeand wrote letter, of which I produce copy, "63, Claverton Street, October 25, '10. Sir,—May I inquire who authorised you to open this office in my name, receive money in my name, and generally act as if you were me? I presume you are aware that there is a penalty for acting without being qualified. I shall be at home tomorrow at 10.30 if you have any explanation to give.—Yours truly, F. Meredith Day. To Mr. William Rose." The next morning I got letter from Rose produced, "I regret that not having received your letter in sufficient time, I was unable to keep the appointment you made. I shall be pleased to see you and will be at the 'Rainbow,' Fleet Street, tomorrow morning at 11." It is written on notepaper headed with my name—I gave no authority for it. I did not go to the "Rainbow," and the next day complained to the Incorporated Law Society. I had no knowledge of Barber's claim and received no money in connection with the case. I had no knowledge of any claim by Brown for any damages from the Builders' Accident Insurance Company and never received £3 3s. costs. The cheques produced are endorsed by Rose in my name without my authority. I had no knowledge that he had a banking account in the name of Joseph Rose. I knew nothing of Cressey and gave no authority to the prisoners to engage counsel or to act in my name. Letters relating to those cases were written without my knowledge or authority. I authorised Ferdinando to take the office at 296, Hornsey Road, and
became the tenant under the arrangement made by him with the landlord.
(Friday, January 10.)
Cross-examined by Mr. O'Connor. When the 296, Hornsey Road office was opened I had no clients in that district, but anticipated business introduced by Ferdinando. There is nothing illegal in a solicitor opening an office and appointing a clerk to transact the business on the solicitor's behalf provided he acts under the solicitor's supervision. I did not leave the conduct of business to Ferdinando—I called at the office two or three times a week, had a report of what took place, and approved of it generally. I looked at the letter book. I did not see letter of June 24 referring to Barber's matter or the letter referring to Brown's claim in the letter book. I looked at the letter book in June and July. I only authorised Rose and Ferdinando to sign my name "per pro."; all the letters in the book are signed "F. Meredith Day" by Rose or Ferdinando. I repeatedly complained to them and told them they ought to sign "per pro." I gave up the office because there was not sufficient business. I said at the Police Court that I had authorised Ferdinando to sign the agreement taking 296, Hornsey Road. The 14s. a week was paid out of the business for about four months. I may be mistaken—the rent of 296, Hornsey Road, may have been 8s. 6d. a week. I know nothing about the taking of the offices at 11, Stroud Green Road, and when I spoke of the rent being 14s. I did not know that that was the rent of 11, Stroud Green Road. I had a letter from Davis, the landlord of 296, Hornsey Road, in reply to my notice, I think from 296, Kentish Town Road. I cannot produce it. I wrote to him from 86, Brixton Hill. I keep a letter book; it contains no copy of the notice. The Legal Aid Society's office was at 312, Hornsey Road—Ferdinando lived there. I never said I lived at 314, Hornsey Road. I have never lived in the north of London. I paid £2 10s. for the brass plate; it was paid for out of the business. Receipt (produced) for 15s. is apparently the sum paid by Ferdinando for putting the plate up. I gave up practising as a solicitor because I became managing clerk for four years to Kingsbury and Turner, of Brixton Hill—1896 to 1900. I was afterwards managing clerk to Bird and Eldridge for about three and a half years, and for a year to Mr. Morrell, solicitor, Great Western Road. I then took my certificate out in the summer of 1907. I was not in the Law List of 1908. I had my certificate up to December, 1909—I took it out in April, 1910. I was not entitled to practice between January 1 and April 26, 1910, when I succeeded in borrowing some money to take out my certificate. The agreement with Ferdinando was to pay me £1 a week as solicitor to the Legal Aid Society. It was not £52 a year. I have not the retainer which Ferdinando gave me—I had borrowed some money temporarily from Ferdinando and gave him the retainer as security. I did not give him an I.O.U. because I preferred to do it in that way. A copy of the retainer, dated April 11, 1910, stating, "Referring to our interview, I hereby retain you to act as my solicitor, and in consideration of your advising me
on all legal matters I agree to pay you the retainer of £52 a year, the same to be paid weekly, and this retainer not to be determined under three months' notice in writing.—Yours truly, F. E. Ferdinando," was put to me at the Police Court. I said it was apparently a copy of the retainer. In July Ferdinando had a judgment debt on which the sheriff recovered £11 11s., which was paid to me on August 12, as Ferdinando's solicitor, while he was away on his holidays. I have not accounted to him for it—it was due to me as costs. Ferdinando was paid his £3 a week out of the profits of the business. If there had been no profit I should have had money to pay him. In May or June I had a judgment against me and a committal order. I have not paid it yet. I have never seen Darter or Brien. I did not see them at 11, Stroud Green Road; I have never been there except on the day I left the letter to Rose there. I was responsible for the office and business up to September 16. Rose then verbally reported to me that there was nothing pending.
Cross-examined by Mr. McDonald. Ferdinando always had his £3 a week out of the business. I received the balance after expenses had been paid—it was very little—about on the average 10s. a week. wrote a letter on July 18 terminating Ferdinando's services. I have no copy of it.
Detective-sergeant FRANK PAGE, Y Division. I received certain instructions and kept observation on 11, Stroud Green Road, from October 23 until November 19. I never saw Day there. The name F. Meredith Day was up on the plate and across the two windows. On November 19 I had a warrant for the arrest of Rose, and saw him and Ferdinando in Stroud Green Road. Inspector Neale was with me and we all went to the office at No. 11. Ferdinando was sitting near the window close to a table on which were a number of papers. I saw him take certain papers from the table and put them in his overcoat pocket. I said, "Give me those papers, you must not touch anything." He said, "What papers?" I said, "Those papers you have just put in your pocket." He said, "I have not any." I then took the papers (produced) from his pocket; there are two receipts in reference to the Barber case. I said, "I shall have to make some inquiry about this." He denied that I had taken them from his pocket. I found a number of letters (produced) in relation to the cases of Barber and others.
Sergeant CHARLES GOODCHILD, Y Division. On November 25 at 6.30 p.m. I saw Ferdinando at 314, Hornsey Road, and arrested him on a warrant charging him with conspiring with William Rose, in custody, in obtaining 10s. 6d. by false pretences. He said, "I wrote the letters at the instigation of Rose. I have conducted his correspondence for him. I have never touched any money. I did not know there had been a settlement in the Barber case." At the police station I read the warrant to him. He said, "I know absolutely nothing about it." When the charge was read over he said, "I deny most positively that I have ever seen the money of any letters in connection with the settlement." On November 19 I was with Page when he arrested Rose. I saw Ferdinando take some papers
from a basket on the table and put them in his pocket; Page took them away from him. They are three documents (produced).
JESSIE HORSWELL , 41, Lordship Lane, Tottenham, manageress to L. Moore, tobacconist, 11, Stroud Green Road. The first floor of 11, Stroud Green Road was let as a solicitor's office to Meredith Day, whom I have always understood to be the prisoner Rose. I saw Ferdinando there occasionally. I never saw Day there.
WILLIAM ROSE (prisoner, on oath). I have been 20 years a solicitor's clerk. In March, 1910, I was introduced to Day by a friend of his, named Oliver. In March, 1910, Ferdinando was running a Legal Aid Society for which a solicitor named Riches was acting, with whom Ferdinando was not satisfied; he asked me to introduce another solicitor, and I introduced Day to Ferdinando. Day said he had not money enough to take out his certificate. Ferdinando and I went to Somerset House, and he paid £9 for Day's certificate. Day then asked Ferdinando for another sovereign, saying it would be necessary to pay a registration fee to the Law Society. Ferdinando gave him the sovereign. I went to the Law Society and found Day had not paid the fee, and that there was no such fee payable. I afterwards found Day in Short's wine shop; he had not paid the sovereign; he wanted me to take 5s. out of it. Later on in March Day came to 312, Hornsey Road, and arranged to take Ferdinando as managing clerk. At his request I drew up a letter which Day signed, appointed Ferdinando as managing clerk with full authority to sign his name. It was arranged that Ferdinando should open a banking account in Day's name. Day said he had not a banking account because he was afraid it might be garnisheed for various judgment debts against him. I drafted a retainer, of which copy has been put in and Ferdinando signed it. I was appointed as assistant clerk at £2 a week. I never got my £2 a week. Day came every Friday and received his £1 a week from Ferdinando. This went on until August 10, when Ferdinando went away for his holidays—on August 11 or 12 Day received a cheque from Newton, the sheriff's officer, for £11 11s. He told me he meant keeping it. It was in payment of a debt which Ferdinando had purchased. No law costs were due to Day. He came to 296, Hornsey Road and told me he had paid two or three week's rent at 8s. 6d. a week, he gave me 10s. and told me he had left 5s. at a coffee house for my benefit and a further 5s. at the "Plough Hotel" for me in case I was thirsty and wanted a drink. Up to August 25 Day was almost daily at the office. After that date, when Ferdinando returned from his holidays, Day never came to the office in the day time; he used to telephone appointments for me to meet him at various public-houses. About September 1 he suggested we should take better offices, and asked me to go and see No. 11, Stroud Green Road. I told Day they were suitable, and he said, "You had better take them on an agreement for three years." On September 3, with Ferdinando I called on de Meza, told him I
was Day's clerk, handed him Day's card, and said that I wished to take the offices on Day's behalf on a three years' agreement. He promised to send me the agreement by post, which he did—I showed it to Day. He said, "You may as well sign it because if the business does not pay I can get out of it much better." I signed it in de Meza's presence as Day. De Meza knew quite well that I was Rose. A few days aferwards Ferdinando removed the furniture to 11, Stroud Green Road. De Meza never had a reference from me—I showed him the rent book. Day came to 11, Stroud Green Road twice a week, generally in the evening; he had a latch-key. He was afraid to go in the day time for fear of encountering Ferdinando. In August Day gave me a letter appointing me as managing clerk—it is amongst the papers seized by the police. I had written to the Assistant Commmissioner of Police asking for my papers, but have not been able to get them. At Day's suggestion I opened a banking account in the name of Joseph Rose—it was simply for the purpose of passing crossed cheques through. Day had accounts rendered to him showing all monies received. Day knew of the £3 3s. paid for costs on September 20 in Brown's matter, also the £2 10s. 6d. paid for Barber. I endorsed the cheques with his authority, paid them into Farrow's Bank; £2 7s. was drawn to pay Mr. Kent, a counsel.
(Monday, January 13.)
WILLIAM ROSE (prisoner, on oath) recalled. Further examined. On September 6 there were several actions pending with regard to which letters signed by Ferdinando and myself appear in the letter book, which was regularly seen by Day. I never received the letter said to have been left at Stroud Green Road by Day on October 26. On that day I received a letter asking me to meet Day at the "Mitre Tavern," Chancery Lane, and bring him £2, and I wrote letter (produced) apologising for not keeping the appointment, and stating I would be at the "Rainbow" at 12 the next day. I went there, but did not see him. I' subsequently met Day at the "Three Nuns," Aldgate, by accident. He said he was terribly pressed for money and I must get him £5. I said it was impossible, and then he said he would come down and shut the show up. He said, "I shall also expect you to be prepared to pay the £9 for my certificate in November." On November 29 I heard from the office boy that Day had been to the office and found he had taken away the press copy letter book and another book containing entries of moneys received and paid. With regard to the Cressey matter, I saw the elder Cressey at Brixton Prison and he gave me retainer to act for him, and said he would like me to defend his three sons who were charged with him. I told him he must have counsel and it would cost three guineas. He said he could not pay three guineas, but he could pay two guineas, and directed me to go to his wife, which I did, and she paid me the two guineas; I briefed Mr. Weller Kent, paying him £2 4s. 6d., and he appeared for the Cressey family. They were remanded on three occasions, and I received three sums of two guineas from the wife,
paying in each case £2 4s. 6d. to counsel and losing 10s. At the trial they pleaded guilty and were not defended by counsel. Brown's and Barber's cases as well as 10 or 12 other matters were pending when we moved to 11, Stroud Green Road. Day was aware of them and received the monies which were paid as costs.
Cross-examined. De Meza knew I was Rose—his evidence is false. The agreement was not signed in his presence. I did not see Ferdinando put papers into his pocket—I was in the next room. I acknowledged receipt of the sum of £2 10s. 6d. by a postcard, which was not copied in the letter book. The receipt for £3 3s. is signed by me as "F. Meredith Day," and is not copied into the letter book. I offered Mrs. Barber the £2 and she refuesd to take it—she said she wanted £40. She could have had the £2 at any time. Sergeant Baker is very vindictively disposed to me. He knew I was Day's clerk and admitted me to see the prisoner Betts. When I was arrested and put in the cell he said, "I have got you here at last, and I am going to make it as hot as I possibly can for you." I had had a quarrel with Jiim six months before, and had threatened to report him. After I had written the form Baker took it to the clerk, brought it back, and said, "Is he a certificated solicitor?" I said, "Yes"; then he said, "Write it down," which I did. I then saw the prisoner Betts with Mr. Broxholme, counsel. Cressey was not present when I received the £2 2s. from his mother—his evidence is absolute invention. I never said Day was at Peterborough.
HARRY COLLINS , clerk to Mr. Broxholme, barrister. I knew Rose when he was managing clerk to McColl and Brooks, Lewisham. On September 7 he rung me up and asked if I had anyone in chambers who could defend a prisoner at North London Police Court. I found that Mr. Broxholme could go and he and I met Rose at the Police Court. Rose asked Mr. Broxholme if he would see the prisoner. The jailor handed Rose a form to sign, which he did. The jailor then took it to the clerks' office, returned, and said, "Is he a certified solicitor?" Rose said "Yes," and wrote something on the form. Rose and Mr. Broxholme then saw Betts in the cell.
CHARLES DARTER , 63, Romney Road, Finsbury Park, packer. In June last I had an action for compensation, which was in Day's office and was pending until November 19. I saw Day about it on four occasions at 11, Stroud Green Road, during October. I went to Day in consequence of seeing the advertisement of the North London Legal Aid Society.
Cross-examined.' I had never seen Day before—I recognised him at the Police Court, where I went out of curiosity, knowing Ferdinando. My name is "Alfred Lott "—I have altered it for business purposes by deed poll to "Hope." I offered to become bail for Rose at the Police Court in the name of Lott. I have worked for the police in that name. I was charged in that name with feloniously receiving
sewing machines and sentenced to 21 months' hard labour at South London Sessions.
JAMES CHARLES O'BRIEN , 11, Albert Place, Hornsey Road, plumber. The last week in October or the first week in November, 1910, I saw Day at 11, Stroud Green Road. I had seen him once before there and three or four times at 296, Hornsey Road.
(Tuesday, February 14.)
Verdict (both), Guilty, the Jury adding that they considered Mr. Day's conduct extremely irregular and deserving of censure.
(Wednesday, February 15.)
Rose was stated to have been convicted at South London Sessions in June, 1909, and bound over for stealing £1. Ferdinando on June 12, 1894, at Dublin, was sentenced to 12 months' hard labour. Stated to have been since respectably employed 1 as a bailiff.
Sentence: On the counts of obtaining money, Rose, Nine months' hard labour; Ferdinando, Six months' hard labour; on the other counts (both), Three months' imprisonment, to run concurrently.
BEFORE THE COMMON SERJEANT.
(Thursday, February 9.)
HARRIS, John (27, bookseller), pleaded guilty of unlawfully selling to Joseph Gillard two obscene prints, to wit, obscene photographs, obtaining and procuring for the purpose of sale 12 obscene photographs.
Sentence, Three months' hard labour; recommended for expulsion under Aliens Act.
BEFORE JUDGE RENTOUL.
(Thursday, February 9.)
WHITTINGHAM, Frank (50, clerk), and BUTTERS, Arthur (33, upholsterer) , both obtaining by false pretences from Warren Pugh one postal order for 20s., with intent to defraud; both obtaining by false pretences from Egerton McCarthy one cheque for £1, with intent to defraud; both obtaining by false pretences from Kenneth Glasspool Averill one cheque for £1, the moneys of the Bishop of London, with intent to defraud.
Mr. Robert Simpson prosecuted.
Sergeant HENRY GARRARD, G Division. At 9.30 p.m. on January 6 I was keeping observation on 20, Sidney Street, E.C. I saw Whittingbam go in and come out again with a letter in his hand. He went over to Butters and said, "All right, I have got it: here it is." Butters was opening it when he saw me, and said, "Look out. We are foxed." Whittingham put the letter in his pocket and walked away towards City Road. Butters walked in the opposite direction towards Goswell Road. I stopped Butters and told him observation had been kept on him and that I should take him into custody and charge him with being concerned with Cox in the unlawful possession of a letter. He replied, "All right." I took him to Shepherdess Walk Police Station. There was another man with Butters and I asked him to accompany me to the police station. Whittingham turned round and said, "Neither of these men knows anything about it." The letter was from Mr. Pugh and said, "One pound enclosed; acknowledge and repay promptly.—W. Pugh, January, 1911." He had also in his possession a false reference from a man called Henry Farwell, addressed to Mr. Maynard, 20, Sidney Street. Whittingham said, "The memorandum is a fraud and I am not going to give you any assistance." They also had a postal order for £1. There was also enclosed a letter, signed by Maynard, addressed to Mr. Pugh, saying his tools were in pledge and asking for the money to get them out, as he had got some work. Maynard has three young children and he is a single man. I made inquiries at President Street, St. Lukes, and found there a quantity of memorandum forms. Whittingham admitted writing to the Bishop of London and said that he should plead guilty to that charge. He said Butters had nothing to do with it. Whittingham had communicated with the Bishop of London in the name of Morton and had received a cheque for £1 to pay his fare to Bolton, where, he said, he had work. I produce a book containing 29 addresses where letters were received for the prisoner.
Cross-examined by Whittingham. I admit that you gave me Mr. Pugh's address. I found a postal order when you were searched, value of 2s. 6d. The letter which you received at Sidney Street had not left your hand when you were arrested.
Cross-examined by Butters. I was near enough to you to hear you say, "We are foxed."
Sergeant FREDERICK BIGGS gave evidence as to keeping observation on 20, Sidney Street, and arresting Whittingham.
To Whittingham. When I arrested you I said, "Where is the letter you had from the shop?" You had opened it at the time I arrested you.
KENNETH GLASSPOOL AVERILL , private secretary to the Bishop of London. Between December 15 and 19 I received a letter addressed to the Bishop, which I have destroyed. I wrote in reply, sending £1 to to a Mr. Mortan 28, Rodwell Terrace, to pay his fare to Bolton, thinking it was a genuine case of distress.
To Whittingham. I do not remember what was in the letter except that Morton said he had known the Bishop in the East End.
Mrs. ELLEN BLOODWORTH, 28, Rodwell Terrace, Islington. I know the prisoners, and have taken in letters at my shop for Butters in the name of Morton, and for Whittingham in the name of Foster. I have sometimes given Foster's letters to Morton.
To Whittingham. Letters did not arrive very often.
Mrs. EMILY MEARS, 31, President Street. Both prisoners have lodged with me for the last four years. I have not known Whittingham do any work since the first six months that he was lodging with me. Butters has been on his sick club for about 15 months; I think he is consumptive.
To Whittingham. You told me you had once won £8 10s. in a competition, and some smaller amounts. I cannot say whether you work or not.
To Butters. I have once had to fetch a doctor for you when you had a fit. That was about three years ago.
EGERTON MCCARTHY , retired schoolmaster, 50, Harbour Road, Edgbaston. About December 21 I received a letter signed John F. Cox, and in consequence of that letter I sent a cheque for £1 to 20, Sidney Street. I do not remember the prisoner by the name of Cox or at all. It was 35 years ago when he says he was at my school.
NORAH HARVEY , newsagent, 20, Sidney Street. Prisoners have had letters sent to my shop in the names of Cox and Harding. Whittingham is Cox; Butters is Harding. On December 24 I gave a letter to Whittingham addressed to Cox. Butters was waiting outside the shop. After Whittingham got the letter he joined Butters, and they stopped half way up the street and read something. On January 6 Whittingham came into the shop and got a letter addressed to Mr. Maynard.
To Whittingham. Sometimes the letters have been very frequent. To Butters. I can swear that you were with Whittingham at the time when he came into the shop on December 24.
HENRY JENKINS , milkman, 129, Sunderland Street, St. Lukes. I changed a cheque for £1 for Whittingham, but I did not know his name. The cheque was made out by Mr. McCarthy. Prisoner said the cheque was in payment for his work.
WARREN PUGH , retired Registrar of the Supreme Court, 8a, Stephen's Square, Bayswater. I received a letter (produced) signed W. Maynard, and in consequence of that letter I sent a postal order for £1 to him at 20, Sidney Street. I have been interested in temperance work. I sent this money as a loan.
To Whittingham. I do not remember being introduced to you at a temperance meeting.
ARTHUR BUTTERS (prisoner, on oath). I have known Whittingham about six years, and for the last three years I have been sharing a room with him. I have been getting 12s. a week from my club for the last two years, which has been enough to live on. I submit that there is no evidence against me in this case.
Cross-examined by Mr. Simpson. I admit that I have been intimate with Whittingham. We have each paid our own expenses. I do not know how he got his money. I do not know to whom he has sold these enamel tickets which he has made. I am a single man, and I do not know whether Whittingham is single or married. I have heard him say he has three children, but I do not know whether it is true or not.
To Whittingham. I came to Sidney Street because you asked me to.
At this stage Judge Rentoul directed the jury to find a verdict of Not guilty against Butters, who was thereupon discharged.
Whittingham stated from the dock that he had done nothing except force the Treasury to bring what evidence they could, so as to clear the man Butters, who was innocent.
Verdict (Whittingham), Guilty.
Two previous convictions were proved and 40 letters of complaint.
Sentence, 18 months' hard labour.
COTTRELL, Mabel (22, dressmaker) , obtaining by false pretences from Annie Davis two dresses, from Christina Brown one costume and other articles, and from Pauline Rubie one gown, in each case with intent to defraud.
Mr. Valetta prosecuted; Mr. Roome defended.
Sergeant ALBERT EVE, P Division. On January 16, in the evening, I arrested prisoner at Chiswick Park Station and charged her with obtaining goods by false pretences.
Cross-examined. I have not ascertained that prisoner has been left in financial difficulties by her husband.
Mrs. ANNIE DAVIS. I inserted an advertisement in a paper offering two dresses for sale, and received a reply from a Mrs. Strickland, who asked me to send them on approval, saying she would return them at once or send the money. I never received any money nor did I get back the dresses. As a result of something I saw in the newspapers I went to an address in Sumatra Road, Hampstead, and saw prisoner who, not knowing me, offered me the two dresses. I then told her my name and threatened to give her in charge.
Cross-examined. I did not know that prisoner was staying with friends at Isleworth when she wrote from that address, and she did not tell me when she moved to Hampstead.
FREDERICK JOSEPH TOWNSEND , 15, The Parade, St. John's Road, Isleworth. I have taken in four or five parcels and some letters for prisoner in the name of Mrs. Strickland. I take in parcels and letters for other people.
ALICE DIMMOCK , 48, Galveston Road, Wandsworth. On January 4 prisoner came to my house and asked me to keep some rooms for her and her husband until the 16th, and in the meanwhile to take in letters and parcels for her, which I did. She came during the week for parcels, and I did not see her again until she was at the police court.
PAULINE RUBIE . On January 7 I advertised in the "Exchange and Mart," offering an evening gown for approval, and received a letter signed E. Light, from 48, Galveston Road, Putney, asking me to send it. I sent it, putting on it the price of £3. I never received either the money or the dress.
Cross-examined. I allowed prisoner to keep the dress for a time and then sent a telegram asking for it.
Sergeant EVE, recalled. Prisoner has never been convicted before, but there have been a large number of complaints about her.
Prisoner's husband stating that he was willing to take her back home, she was released on her own recognisances to come up for judgment if called upon.
BEFORE MR. JUSTICE AVORY.
(Friday, February 10.)
HODDER, George James (40, clerk) , feloniously applying for a ballot paper in the name of a person other than himself, i.e., in the name of Edward James Massett, at the parliamentary election for the Stepney Division of the Borough of the Tower Hamlets, and so committing the offence of personation.
Mr. Clarke Half and Mr. Tully-Christie prosecuted.
Cross-examined by prisoner. The name appears of "James Edward Massett, 47, Baker Street, registered number, 15"; it is not "Edward James Massett."
WOOLF OLIVER . On December 7 I acted as personation agent at the West Ward polling station, Rutland Street; I had acted in a similar capacity at the previous general election. About 4 in the afternoon prisoner came into the polling station; I knew him by sight, but did not know his name. He asked the polling clerk for a ballot paper in the name of Edward James Massett, number 15 on the register; he was given a paper, which he filled up and put in the box in the usual way, and then went out. About an hour after he came back again; he went to the table and gave a name and number to the Conservative agent; I did not hear what it was. I said to prisoner, "You have voted before"; he said, "I have never voted; if you don't believe it I will go and fetch my polling card." He went out and I
followed him; I spoke to the constable on duty outside and he stopped prisoner as he was crossing the road. At that time Mr. Groves, the Liberal agent, came along. He looked at prisoner and said, "Oh, it's you, Hodder, is it?" On the second occasion prisoner did not vote or ask for a ballot paper.
To prisoner. In the sworn information upon which the summons in this case was granted I said you gave a name and number to the Conservative agent; I did not say you applied for a ballot paper on the second occasion. I have not seen you since January, 1910. I saw you then at the same polling station. I did not see you in June.
WILLIAM GROVES , 77, Dempster Street, Stepney. I am an honorary Liberal agent. I remember the election on December 7. I was at Rutland Street between five and six. I saw Oliver coming from the polling station. I spoke to him and he pointed to prisoner, who was in front of him, and said that prisoner had tried to vote twice. I went up to prisoner and tapped him on the shoulder and said, "Hodder, my boy, I have caught you this time"; he said, "What do you mean? I have not voted." A police officer on duty at the polling station came up and I said to the witness Oliver, "Tell me all about this." Oliver told me that prisoner had been to the polling station an hour before and voted in the name of Edward James Massett and he had just come in and tried to vote again. Prisoner repeated that he had not voted. I said to the policeman, "I shall have to have this man arrested; do not let him go away; I will go in and fetch the presiding officer." I went in and spoke to the presiding officer; on our coming out, prisoner had left.
To prisoner. I have taken a prominent part in local political work and know you as doing the same. I am certain that I told the constable not to let you go.
WILLIAM MANSFORD . On December 7 I was polling clerk at the Rutland Street polling station. Prisoner came there about three o'clock; I asked him his name and address; he gave me the name of Massett, No. 15. I gave him a paper; he voted and put it in the ballot box and went out. He came in again at half-past six; he went to the other end of the table where the Conservative agent was. I did not hear what was said. Oliver jumped up and said, "You have voted, and if you do not go out I will have you locked up"; prisoner said he had not voted. This second time he came in limping, as if he had been drinking.
To the prisoner. Up to five o'clock about 400 people had voted. I recognised you because Oliver pointed you out to me. I am sure you are the man who came in on the two occasions.
WILLIAM DOWN . I acted as presiding officer at Rutland Street. About six o'clock prisoner came towards the table, apparently with the intention of voting. When he was challenged by Oliver as a person who had already voted prisoner said, "I have not voted before: I shall go and fetch my polling card."He left the station and Oliver followed him. I am certain prisoner was the man.
To prisoner. I saw you for some three or four minutes. The time was about six, but I won't be certain to ten minutes. I will swear that I did not say to Oliver, "I do not think this is the man who came here before." I do not recollect seeing you on the first occasion.
JAMES EDWARD MASSETT , compositor, 47, Baker Street, Stepney. I am a voter in the Stepney division; my registered number is 15. On December 7 I attended at Rutland Street about 7.45 p.m. to vote; I was at first refused a ballot paper, but eventually was given a special pink paper and voted.
JAMES W. MACMULLIN . I was Conservative agent for the Stepney division at the last election. On December 7 I was at the Conservative committee rooms in Rutland Street, almost opposite the polling station. We kept in the rooms a wall sheet showing the names of voters in the ward, and as the polling proceeded we ticked off on this sheet those reported to us as having voted. I saw prisoner in the rooms about four o'clock.
To prisoner. I remember, in connection with the County Council election last year your telling me that you had seen Woolf Oliver and that he was going to turn Conservative. I believe you frequently called upon him in June and July.
WILLIAM DOWN , recalled. When a voter has voted we tick off his name on our register at the table. When prisoner came in at six o'clock and was challenged by Oliver we looked at the register and found that the name of Massett had been ticked. On Massett himself coming in at a quarter to eight we gave him a pink form, a "tendered ballot paper"; that is given when a voter has been personated.
GEORGE JAMES HODDER (prisoner, on oath). The first occasion on which I went into the polling station was about six o'clock. I just looked in at the door to see whether Mr. MacMullin was there, when Oliver jumped up and said, "You have already voted." I said "Nonsense; I have not voted here nor have I intended to vote here." Oliver spoke to the policeman outside and said that I had attempted to personate. I denied it. Groves said, "Will you give me your name, and address?" I said, "With pleasure," and I did so, and then left" them. There was no suggestion as to the policeman retaining me or keeping me in sight. He left and I went away. I left home at 2.40 to see my wife in Bartholomew Hospital: I stayed at the hospital some time and got to Rutland Street at 20 to five. I went into the Conservative committee rooms to see MacMullin and as he was not there 1 went across to the polling station.
Police-constable EDWARD PARTRIDGE, 450 H (to prisoner). I was called upon by Mr. Groves to get your name and address; you gave it quite willingly. Groves did not say anything about my not letting
you go away; he went back to the polling station and you went away.
Verdict, Not guilty.
Mr. Wells Thatcher prosecuted.
HENRY WILLIAM PARKINS , 34, Walker Street, Limehouse. Prisoner and I are labourers in a white-lead factory. On Monday, January 9, I left home about a quater to a.m. and had got 20 yard from my door when I saw prisoner waiting for me. He said, "Give me a dollar"; I told him I had not one to spare for myself, let alone him; he then said, "Give me 2s." I said I had not got it to give him. He said, "Well, something is going to happen, you are going through it"; he rushed at me and knocked me on my back in the road. As I fell he kicked me in the face. I caught hold of his ankle, but had to let it go. I was not exactly unconscious, but half dazed; I shouted for help and he ran away. I went home and bathed my face and then reported the matter to the police and went to the hospital. I had previously lent prisoner small sums in friendship.
Cross-examined by prisoner. It is not true that on the previous Friday I had promised to give you 5s. on this Monday. About 14 months ago you wanted me to fight you and I refused and you gave me a black eye. I did not say to you on this Monday that I was going to give you two black eyes for the one you had given me. You did not say, "Will you give me that 5s.?" Your words were, "Give me a dollar"; it was demanding, not begging—as if you meant to get it by fair means or foul. I was, in fact, put in fear of you.
JOSEPH O'BRIEN , Divisional Surgeon. I saw prosecutor about 10 a.m. on February 9. He had a very nasty wound below the right eye, down to the bone, caused, I should think, by the blow of a boot; it could not have been caused by the fist; there were other marks of violence on the face.
Detective JOHN HAYMAN, K Division. I saw prisoner outside his lodgings in Blackthorn Street, Bow, at 12.15 a.m. on January 11. I told him I should take him into custody for demanding 5s. from Parkins at Walker Street, Limehouse, on January 9, and causing him grievous bodily harm by kicking him in the face. Prisoner replied, "I am glad I am caught; it is for the best; but I deny kicking him." He made no reply to the formal charge.
Prisoner's statement before the magistrate: "We was fighting and I got the best of it; then a police whistle blew and I ran away."
JOSEPH HAYWARD (prisoner, on oath). On January 6 I asked prosecutor to lend me 5s. He gave me 2d. and said he would give me the dollar on Monday. On the Monday I saw him and said, "Will you give that dollar now, Harry, as I could do with it?" He refused and said, "Remember the black eye you gave me 14 months ago;
now I am going to give you two"; he hit me and I hit him back and we both fell down; I got up and he caught hold of my leg; he let go and I was walking away when a police whistle was blown and I ran. I point out that this was before six o'clock, and prosecutor did not see the doctor till 10; a great deal might have happened to him in that four hours.
Sentence, 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, February 10.)
ECKERSLEY, John Albert (21, clerk), pleaded guilty of forging and uttering, knowing the same to be forged, certain requests for the payment of money, to wit, seven several claims for the repayment of income tax; feloniously demanding and obtaining from the Commissioners of Inland Revenue money orders for the several sums of £19 15s. 8d., £19 10s., £9 6s. 8d., £8, £7 17s. 3d. and £19 5s., upon forged claims for the repayment of income tax, knowing the same to be forged, with intent to defraud; obtaining by false pretences from the Commissioners of Inland Revenue certain valuable securities, to wit, six money orders for the abovementioned sums, with intent to defraud.
Prisoner, who had been in the service of the Inland Revenue Commissioners from September, 1905, to September, 1907, had used his knowledge gained whilst in the Repayment of Income Tax Department, in making fraudulent claims for repayment of income tax. He had been engaged in this for the past five years, and, as far as the memoranda supplied by prisoner could show, had obtained £580. It was undesirable that the methods he had adopted should be detailed. It had been ascertained he had no accomplice. The system now in vogue would render the reoccurrence of such frauds impossible.
Sentence, Four years' penal servitude.
WALTER JOSEPH WELLS , newsvendor, Church Street, Stoke Newington. About midday on October 29 prisoner, whom I knew as a frequenter of Hackney, asked me if I would treat him, as I was about to board a tramcar in Dalston Lane. We had two or three drinks at the "Crown and Castle" and other public-houses. I went up Sylvester Road into a public convenience, and he followed me in. He struck me a violent blow on the mouth, pinned me against the partition with one hand, and with the other took £4 11s. out of my trousers pocket, which was the whole of the money I had with the exception of 6d. The blow dazed me for the time being. I went out into Mare Street and complained to a constable; this was about two minutes after
the blow. Prisoner ran up Sylvester Road, took the first turning on the right at the side of the mansions there. I next saw him when I charged him at the police station on January 14. Between October 29 and that day I did not see him in the neighbourhood of Hackney at all.
Cross-examined by prisoner. You did not say when you met me, "What? Are you on the 'booze' again?" I did not meet you by arrangement at the "Crown and Castle." I had about £4 13s. on me when I met you first. I do not remember the name of the house we went into after the "Crown and Castle," but it was in Queen's Road; we were not refused drink there. I did not hold your arm after leaving; if I said so at the police court it was so. I deny falling unconscious in a urinal in Queen's Road. It is true I suggested having another drink at the "Queen Elizabeth," but I deny betting you that we would not get served. I have known you about two years and you have gone and fetched papers for me sometimes but you have never sold papers for me. The blow caused my teeth to cut through my lip, and there is still a very slight scar.
Re-examined. My mouth was bleeding after the blow. Before this I had treated prisoner, but it was more through fear.
Police-constable WALTER YAKES, 60 JR. On the afternoon of October 29 I was on duty at Mare Street, Hackney, when the prosecutor came up to me. His face was covered with blood and his mouth was bleeding from a cut. He had been drinking but was perfectly rational. We went in search of prisoner, and we then went together to the station; I did not have to take hold of him at all. I knew prisoner as being about Hackney almost daily. After that day I did not see him until January 14. (To the Court.) I had seen them together about 10 minutes before this; they turned into Sylvester Road, about 25 yards from the urinal in which prosecutor said he had been struck.
To prisoner. I did not walk the prosecutor about until he was sober before I took him to the station.
Detective WILLIAM FAUKS, J Division. About 6.40 on January 13 in consequence of a complaint I had received I went to 3b, Ballspond Road, where I found prisoner. I told him I should take him into custody for robbery and assault at Hackney, and he said, "Haven't you made a b—mistake? "I said, "Nol" He said, "When was this?" I said, "I cannot give you the date—I will tell you at the station. The man whom it is alleged you assaulted and robbed sells papers at the corner of Morning Lane and Mare Street." He said, "I have not been down to Hackney for over two months." I took him to Dalston Police Station, where he was charged with assaulting and robbing Walter Wells. I said, "Oh! It is him is it?" When the charge was read over to him he said, "I am innocent of it."
so drunk that they would not serve us. I arranged to meet him on the following morning, which I did. We went into the "Crown and Castle," and were served with beer, but when the barman saw his condition it was taken away. We went from there to "The Grange," where we were again refused drink on account of his condition. We then went to the "Queen Elizabeth." I am leaving out about his holding my arm and falling down in the urinal. I left him in the urinal, went into Sylvester Road and into Graham Road, where I caught the tram to Dalston Lane.
Cross-examined. Prosecutor was drunk when I met him but not incapably drunk. He held my arm from the "Grange" to the "Queen Elizabeth." I cannot say whether he fell or was tripped up in the urinal, but when I picked him up he was practically insensible, probably through the drink and the fall; this was between going to "The Grange" and the "Queen Elizabeth." I could have robbed him easily then if I had wanted to. The fall sobered him somewhat. I did not rob him in the second urinal. I had not been in Hackney for three weeks before this occurred.
Verdict, Not guilty.
On the indictment against prisoner for assaulting Walter Joseph Wells and occasioning him actual bodily harm, no evidence was offered and a formal verdict was returned of Not guilty.
Mr. Wilkinson prosecuted; Mr. J. H. Watts defended.
SARAH ANN EDWARDS , assistant to Richard Williams, dairyman, Euston Street. About 6 p.m. on January 12 prisoner came in and asked for some butter and a penny packet of tea. He tendered a shilling, which I told him was bad. He said he did not think so, and that he had got it in the "Orange Tree" in change for a sovereign. I marked it on both sides and gave it him back. I asked him if he was a customer at the "Orange Tree," and he said he was there every day. He took out some money from his pocket, from which he gave me a good sixpence. I noticed that some of the silver was a bit dull—the same colour as the shilling he had given me. He left saying that he was going back to the "Orange Tree" with it. After about 10 minutes he came back and said that they would not change it there. I said that that was very funny, and asked him whether he had any more on him. He said he did not think so. I then called Mr. Williams into the shop and he asked prisoner whether he had any more bad money, and he brought from his pocket a lot of money and put it on the counter. We found six bad shillings, including the one I had marked. He asked Mr. Williams to wrap them in paper for him, which he did. He then said he was going to take them back to the "Orange Tree," and he left the shop. Mr. Williams followed him.
Cross-examined. First of all he asked Mr. Williams to go with him, but he would not. Prisoner was not very drunk; he was the worse for drink.
RICHARD WILLIAMS . About 6 p.m. on January 12 I was called into the shop by Miss Edwards, when I saw prisoner place a bad shilling on the counter. She marked it. He paid a good sixpence. He went out and after 10 minutes he returned. He said that he had changed half a sovereign at the "Orange Tree" and had received some bad money. He brought out a lot of money and put it on the counter, and I found it contained five bad shillings. I asked him if he had any more, and he went through his pockets and brought out everything which he had. I heard some money jingle in his overcoat pocket and I said, "I believe you have some more there." He brought out 2s. in bronze and one bad shilling. He had about 13s. in good and bad money. He asked me if I would go to the" Orange Tree" with him. On his first visit he said that he had received it in change for a sovereign, but on the second he said half a sovereign. I said it was no use my going with him, as they did not know me and I did not know him, and told him the best thing he could do was to go into the "Orange Tree" with the policeman who was on point duty there, or he might get himself into trouble. He went out saying that he would do so. I followed him and went to the corner by the "Orange Tree," where I saw a constable. I spoke to him and pointed to him prisoner, who was on the same side of the road as the "Orange Tree," coming in that direction. When he reached the corner he stopped and looked round. Then he came across the road towards the constable, who went up and spoke to him. We had been standing on the opposite side of the road.
Cross-examined. He made straight for the side of the road where the policeman was.
FRANK WHITFIELD EDWARDS , manager, "Orange Tree" public-house. I do not know prisoner as a daily customer. I should say he was not a regular customer at our house. I did not see him at all on January 12. No customer complained that day of having received bad money. I generally make up my till about 4.30 p.m. and I did so on this day. I locked it up and retained the keys.
Cross-examined. There are six men assistants. They are not here to-day.
Police-constable CHARLES THRUSSEL, 610 S. Between 6 and 7 p.m. on January 12 I was on duty in Euston Road when Williams came and spoke to me. Prisoner was standing on the opposite side of the road and came towards our side of the road. I stopped him and asked him if he had any counterfeit coins in his possession. He said, "Yes, I have some here." I said, "Let me have them," and he produced six bad shillings. I asked him where he had got them from and he said, "From the 'Orange Tree' public-house in change for a half sovereign." He made no attempt to go in there. On searching him I found five sixpences, two shillings, and 2s. 6 1/2 d. in bronze, good
money. I took him to the station. When charged he said, "I know nothing about it."He was the worse for drink.
Cross-examined. The only thing that Williams told me was that prisoner had been to his shop with bad money, and he pointed prisoner out as being the man, who was the worse for drink. I could see 50 yards away that that was so.
Inspector GEORGE WALLACE, S Division: I saw prisoner in the station at 7.30 p.m. on January 12 and asked him where he lived. He said, "I occupy two rooms on the ground floor at 12, Little Drummond Street." I went there with Hexamer and found he occupied the back room only. Prisoner's wife was there and I told her what I had come for. In a wooden chest I found this box, containing three moulds, one for making florins and two for making shillings, three coin holders, one pair of pliers, a polishing pad, four strips of solder, some copper wire, a file, a coin carrier, two bottles containing fluid, and a piece of cardboard with some marks of burns on it. I returned to the station and showed prisoner what I had found. He said, "They do not belong to me. I do not know anything at all about them." When charged with uttering counterfeit coin and possessing moulds, he said, "I do not know anything at all about it." When searching him he said, "I have got nothing, but the stuff in these bottles would kill all of you." He was under the influence of drink.
Cross-examined. He said nothing at all about Green when I arrested and searched him. I think prisoner's wife asked me at the police court one day whether a man named Pearce was there and I said "No." I might have said that I could not make him attend here. It is true I could do so if necessary. He told me later that Pearce refused to come and give evidence, but that did not seem to me suspicious.
Police-sergeant WILLIAM HEXAMER, X Division. On the evening of January 12 I went with Wallace to 12, Little Drummond Street. In the back room I found loose in the chest two counterfeit shillings dated 1910. In the cupboard on the right hand side of the fireplace I found this packet of plaster of paris, this spoon and this saucer with plaster of paris in it. On the top were these two bottles of liquid. In the cupboard on the left-hand side of the fireplace, on a bracket in the recess, were this small tin and a box containing antimony. There was this box containing sal ammoniac amongst other things.
Cross-examined. Prisoner's wife was present when I examined the room. She, her husband, and two children occupied this one room. She said at first that the bigger box contained her trinkets, but it did not; they were in the smaller box which was in the cupboard on the left-hand side of the fireplace, and which contained the salammoniac.
of October, paying 6s. a week. He lived there with his wife and two children.
Cross-examined. I always went in there once a week to take the linen, and I went two or three times a week besides. They used to keep the door open often to let the children play in the hall. I have never gone there and found the door locked. Prisoner's sister's husband and his sister used to visit them. An old gentleman used to come every morning for him to go with him to business. They were very respectable people. They have paid their rent regularly. I never saw any undesirable people go into their room.
Re-examined. I do not think they had the large chest when they first came; it came after.
SYDNEY WILLIAM SMITH , Assistant Assayer to His Majesty's Mint. Exhibits 12 and 18 are counterfeit shillings. Some come from one of the moulds produced, and others come from the other. Most of the other articles found are such as are used by coiners.
Cross-examined. Some of the metal found is not the metal generally used by coiners, but there is some also that is generally used, antimony which is used to harden the softer metal. (To the Court.) The moulds have been used. The large bottles contain cyanide of potassium, which is poisonous.
Prisoner's statement before the magistrate: "The things were left in my room. Nothing has been done in my room. I did not know what was in the box. I never looked inside the papers in the box."
GEORGE WILLIAM MILLS (prisoner, on oath). I am a dealer in second-hand furniture and interpreter. I was born in England, but am of French descent. I have acted as interpreter in Belgium and in the West End. About a week before Christmas, George Pearce (I think his right name is Stamper), who had been introduced to me at Holloway two years ago by my landlady when I was living there, introduced me to George Green. I had only seen Pearce twice during the two years. Two or three days after this Green came to me with a parcel in brown paper and asked me to mind it for him. He said, amongst other things, it contained two bottles, which he told me to take out because the stuff was sure to run out, and that I was to be careful not to let the children get at them as they contained poison. I pulled the bottles out and left the parcel just as it was inside the box, standing the bottles in another corner. He said he was in a bit of trouble. I had no suspicion whatever as to what the parcel contained because he told me that he was a silversmith, and from what I could see of the contents they seemed to be tools. Just after Christmas he came to see me, but I was out. The following day he called again, and we had a drink at the "Royal George."I asked him if he had come for his parcel. He said, "No, you mind it for me. Some detectives have been up to my house and searched it, but I managed to get away over a wall." I said, "Is that the trouble you mean?" He said, "I don't know whether it is for one thing
or for another, but I can easily do them. I will go to work again." I did not know what he meant. I told him that the parcel would not be in my way. After that I met him in the street and he said that he wanted to try and open a little shop, and that he would come for his parcel then. He called on me once or twice, and I asked him if he had come for his parcel, and he said that he must wait till he had got his little shop before he took it away because he did not want to take it home. About 12 a.m. on January 12 I went to this chest to get a collar out when I saw a lot of white powder over the things. My wife did not know what it was, and I concluded that it had come out of the parcel. I put the powder in the cupboard on the right-hand side of the fireplace. Taking it out I saw a sealed envelope which I lifted up, and then I saw some shillings between the envelope and the tin box. I looked at them, and I thought to myself that it was funny. I left two of them which were bent up in the box, and decided to take the other six and see if I could find Green to ask him what it meant. I went round to the "Angel," but I could not find him. From there I went to St. John's Wood to see a Mr. Verchel, who had asked me to get some second-hand furniture to furnish a room for him. We had some drinks together and I came over giddy, I had too much. I remember going in to buy the butter and tea. I said to Edwards that I had got a bad shilling in change at the "Orange Tree," but I did not know what I was saying. I must have put this bad money 'along with the good money, although when I first went out I took care to put it into a separate pocket. I asked Williams to wrap them up for me in paper and also to come with me to the "Orange Tree," but this he could not do. When I left the shop the first time I went back there and had another drink; a thin tall man with a waxed moustache served me. I then returned to the shop to apologise. I heard that when Green heard I was locked up he left his address, 13, Sherringham Road, Barnsbury. Our door was nearly always open and the landlady used to come in frequently. I did not make any of the bad money and I had no idea that there were counterfeit coins in the parcel until January 12. I did not pay the bad shilling for the butter with the idea of passing bad money.
Cross-examined. About a fortnight before I met Green, Pearce told me that he, Pearce, had been in penal servitude. I only saw him about once after that; I did not want to see him any more. I called Green as a witness at the Police Court, but he denied bringing this parcel to me. When I left the house on January 12 I had about ten shillings in good money on me, but not in gold. I was drunk when I told Williams and Edwards that I had got the bad money in change and in the "Orange Tree." I did not know what I was saying.
Re-examined. I have only seen Pearce four times in my life. (To the Court.) When I told Edwards where I had got the bad money I had, in fact, been in the "Orange Tree." I did not know for certain that these coins were bad: I was dubious about them. The trunk where I put the box was used for my wife's, my children's, and my things, and I went to it perhaps once or twice a week.
ANNIE MILLS . I have been married to prisoner four years and have two children, one three and the other two years old. We have occupied the back parlour at 12, Little Drummond Street since last September. I remember about Christmas time a man named George Green, whom I had never seen before, brought a box, some bottles, and a piece of cardboard, and asked my landlord to mind them; he brought the bottles from his pocket and said that I and the children were not to touch them, as they contained poison. The things were placed in the wooden chest, where we keep everything. Some three weeks afterwards my husband opened the parcel, but I do not know what he took out; I know he went to the chest for a handkerchief. He told me that Pearce introduced him to Green; before that happened I have only seen Pearce about three times. I have tried to get him to come, but he said he was afraid to do so, as he might get himself into trouble. I told Inspector Wallace that Pearce is not here. Our door during the day is always open. I stay at home to look after the children; my husband has never made any false coin; I should know if he had. This box contains borax, not sal ammoniac. It also contains buttons, an iron holder, and a shaving brush.
Cross-examined. It is true I told the police that the larger box, and not the smaller, contained trinkets of my own, but I did that because I thought, as Green had told us that he had got into trouble and asked us to mind it for him, I thought it might get us into trouble.
Verdict, Not guilty.
(Saturday, February 11.)
Prisoner was now indicted (before another Jury) for unlawfully possessing four counterfeit shillings, knowing the same to be false and counterfeit and with intent to utter them; (second count) uttering a counterfeit shilling to Sarah Ann Edwards, knowing the same to be false and counterfeit.
The same evidence was given in this indictment as was given on the previous indictment.
Verdict, Guilty on the first count: Not guilty on the second.
A previous conviction in 1903 for larceny as a bailee was proved against prisoner, who was stated to be an associate of well-known criminals and to have been engaged in furnishing flats for French prostitutes.
Sentence, 18 months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, February 10.)
Mr. C. J. Salkeld Green prosecuted.
ALICE JARVIS . On the night of February 1 I was in Pentonville Road at about 12.30. I had a bag in each hand, one containing provisions, the other was a hand-bag which contained my purse. It had in it £2 10s. in gold. I was going up the hill when a man stood in front of me on my right. I went towards the kerb to avoid him. He went past me to the right and I felt my bag being wrenched out of my hand. One man was at my side and the other was pulling my bag. I screamed and they disappeared. I saw my bag at the station; no money was missing; the handle was wrenched off.
Cross-examined. I said at the station that to the best of my belief you were the men.
Police-constable ERNEST FRY, 102 G. At 12.45 a.m. on February 1 I heard cries of "Police" and "Stop thief." I saw prisoners running away in a dark turning. I caught Ward. He said, "All right, governor, I have not got the bag." Up to that moment I had said nothing about a bag. I did not then know what the charge was. I brought him back to prosecutrix, who said, "That is one of them." Prisoner Ward made no remark when that was said. I saw the bag for the first time at the station. It was brought there by the witness Murphy.
Police-constable WILLIAM SMITH, 488 G. I heard shouts at 12.45 a.m. on February 1. I was with last witness in a narrow street, and ran towards the direction of the shouts, and saw Hillier running towards me. I stopped him and took him back to the prosecutrix, who identified him as one of the men who snatched the bag. When he saw me running towards him he almost stopped. He said, "This time you have got the wrong bloke." He gave no explanation as to why he was running.
FREDERICK WILLIAM MURPHY , 22, Alfred Street, Pentonville. On February 1 I heard a scuffle outside my house, and went to see what it was. I saw prisoners arrested, going along the street with the constables. As I was shutting the door to go to bed I saw a dark object on the pavement and picked it up; it was a bag. This is it. I dressed and took it to the police-station.
EMILY BAKER , 39, Parkfield Street, Islington. I was in Pentonville Road on February 1. I saw prisoners come behind prosecutrix; they pulled her round the corner by the bag. I heard her scream and ran up. She said, "They have stolen my bag." I kept behind them till the police caught them.
EDWARD HILLIER (prisoner, not on oath). I can state which way I come when this bag was supposed to be stolen and who I met at 12.15 at the "Glass House," Euston Road. I asked this man had he sold out; he said yes. I had been out for one bag of taters and savoys. He said, "I am going to my brothers." I said, "Come a little way with me to Swinton Street to see if I can get a bag." When I got there the door was closed. I went to Clerkenwell Road and had two
bags of taters. Breaking into Pentonville I crossed the road into the turning when the two constables come running behind us and said, "We want you," and this lady come round the corner and said, "That is one, a big one and a little one." That is all I know about it. I said "You have made a mistake this time."
Verdict, both Guilty.
Previous convictions were proved.
Sentences (each), Nine months' hard labour.
Sentence, Two months' imprisonment, second division.
Hart pleaded guilty.
Mr. A. Anderson prosecuted; Mr. Purcell defended Honeybun; Mr. Cassels defended Stiles.
GABRIEL LANDAN , salesman, 31, Lamb Street, Spitalfields, E. I know Hart as a carman. I saw him on January 16 at my premises. He was loading up some fruit of mine to take to Kew Market—dates, oranges, apples, and tomatoes, value £26 5s. He was the driver of the van. I identified the fruit the following Thursday at Walthamstow Police Station.
Cross-examined by Mr. Cassels. I have known Stiles seven or eight months as a customer. He has bought a good deal of goods from me.
CLARA DILLEY , 1, Blackstock Road, Walthamstow. I have known Honeybun about 18 months by seeing him selling fruit in the street. On January 17 at 4 p.m. he came to my door and asked to rent the coach-house at the back of my house for some stock he had. He wanted it for a week or a fortnight. I said the coach-house and stable is up to let and if anyone took it the stock would have to be removed. He paid 3s. for a week's rent. Shortly after that a van and pair of horses loaded came up the drive to the coach-house. I did not pay attention to who came with the van, but there were two or three there. Stiles was there; I saw him from the bedroom.
Inspector ISRAEL BEDFORD, N Division. I saw Honeybun at 219, Blackhorse Road, on January 18, at 10.30 a.m. I told him I was a police officer making inquiries about a horse and van and a load of fruit stolen at Hammersmith yesterday. I said, "I have received information that you have the property in the stable at the rear of No. 1, Blackhorse Road. You will have to go there with me." He said nothing then. About five minutes later he said, "I will tell you the truth; a man came up to me yesterday outside the 'Standard' public-house, Blackhorse Road, and asked me if I would buy some dates. I got them off him and gave him £7 5s. for the lot; I do not
now his name, but I have seen him up Thames Street." We then went to the stable and there found the stolen fruit. I told prisoner he would have to go to the station. He said nothing. At the station I told him he would be detained and charged with stealing this property. He made no reply. At 8.30 on the 19th I saw Stiles at his address, Victoria Road, Edmonton. I was with another officer. I said, "We have a man in custody named Honeybun and he has made a statement implicating you as being concerned in stealing a horse and van and a load of fruit at Hammersmith. You will have to go to the station with me" He said, "Very good, sir; Honey bun has given me away, has he?" I took him to Edmonton Police Station and he there said he wished to make a statement; that statement I reduced to writing and he signed it.
Sergeant THOMAS HALL, T Division. I saw Honeybun at Walthamstow Police Station on January 19. I told him who I was and that he would be charged concerned with two others in stealing and receiving 56 cases of fruit. He made no reply. On the way to the station he said, "I have made a mistake through not getting a receipt" On the same day I saw Stiles at Edmonton Police Station. I told him he would be charged with Honeybun and Hart. He said, "Honeybun asked me to buy the stuff; he told me he had got it 'bent.'" "Bent" means otherwise than straight." I helped him in with it in the stable. The carman was there." When Hart was brought in the charge room Stiles said, "That is the man who brought the fruit to Walthamstow and helped to carry it in the stable."
Mr. Cassels submitted that there was no case to go to the Jury as against Stiles.
Mr. Purcell submitted with regard to Honeybun that the possession was not criminal possession, and that it had to be shown that he rented the stable for the purpose of unlawfully storing in it stolen property which he had in his possession.
Judge Rentoul. The case had better go on.
PERCY STILES (prisoner, on oath). I am a greengrocer carrying on business at 131, Victoria Road, Lower Edmonton. I have had dealings with Mr. Landan. I have bought £20 or £30 worth of stuff of him a week. I know Honeybun as a dealer in the market. He told me he had some fruit he could sell me, which he has told me before. This was on the Monday. Next day I met him by appointment. We went to a coffee shop. He told me he would see me in five or 10 minutes' time. He went out and came back again, and then he drank up his tea. As we went out of the coffee shop together we saw the van with the load of stuff outside the "Standard." Honeybun and I went to the stable and the vanload of fruit drawed along. Hart drove the van. I, Honeybun, the carman, and the other chap what was with the carman helped to unload the stuff. Honeybun asked me to buy some oranges. I said, "I don't think this has come straight; I do not like the looks of that fellow." That was
the fellow with the carman. He tried to press me to buy the oranges but I did not. I walked out of the stable, saying, "I am going home." I went straight home.
Cross-examined by Mr. Purcell. I had not seen Hart before I saw the fruit outside the "Standard" I had not been near him at all, I know three Bentleys. I believe one of them was outside the "Standard" that day. I did not ask him to let me put my stuff in his stable. I did not ask Honey bun if he knew the stable. I did not give Hart 2s. and tell him to go to Islington and lose his van, get into the train, and go to Hammersmith, and then go into a coffee shop and say, "I have lost my van." I did not buy the stuff and know nothing about it. I did not buy it because I did not want it.
Cross-examined by Mr. Anderson. When I was arrested I said, "All right, sir, Honeybun has given me away, has he?" I thought there was some trouble about the stuff. I did not mean he had given me away to get me into trouble. I did not want to be brought into the concern if it come to be stolen. I had seen Hart about a fortnight before. I did not give him any money over this transaction. I did not say to Sergeant Hall that Honeybun told me he had got it bent. He came in the station after I had been arrested. I made this statement. He had no book and never put anything down. There were other officers there. I told an officer when he came in. I said it was Tich's stuff because Mr. Landan said he had lost some fruit. I see him every day in market.
(Saturday, February 11.)
GEORGE HONEYBUN (prisoner, on oath). I am 25 years of age. I live at 219, Blackhorse Road, Walthamstow, and have had a green-grocer's stall in High Street for the last 12 years. I have known Stiles 18 months. On January 17, at 4 p.m., I saw him in Forest Road. He asked me to have a cup of tea. We went to a coffee-shop in Blackhorse Road. He asked me where Bentley, who I live with, was. I said he was over at the house, and he asked me to fetch him. Stiles asked Bentley if he could put a load of fruit in his stable. Bentley said he had just given up the stable. Stiles then asked him if "Bunny" (me) knew the place, and if I could hire the stable for him. I agreed; he gave me 3s. for the deposit; I saw Mrs. Dilly; she let me the stable and gave me the key. As I came away Stiles was coming along the street and I gave him the key. He said, "Here comes the load of stuff." I saw a pair-horse van coming along driven by Hart. Hart pulled into the stable yard and we three unloaded it. Stiles gave Hartsome money, whispered to him, and Hart went away with the van. Stiles locked up the stable. He said, "If anybody asks you anything about this stuff say that you gave £17 5s. for it." I said "All right." The next day I saw Stiles at Spitalfields Market. He said, "Keep your mouth shut about that stuff or else you look like getting dragged into it." I said, "If I had known it was like that I would have had nothing to do with it." The next evening, at 10.30 p.m., Inspector
Bedford came to my house, and I told him I had given £17 5s. for the fruit, that I bought it off a dark man that came from Thames Street outside the "Standard" public-house. He asked me if I should know the man again. I said, "Yes, I always see him at Thames Street." I was afterwards charged. Stiles did not speak to me about the fruit on Monday—I never saw him on Monday.
Cross-examined by Mr. Cassels. I told my solicitor what Stiles had said to me at Spitalfields Market. It was news to me that it was stolen stuff. I told Bedford I had given £17 5s. for it, not knowing I was doing wrong—Stiles had told me he did not want the stall-keepers at Edmonton to know what stuff he had coming in—that is why I thought he wanted me to say that. Stiles never said, "That is Tich's stuff, and you had better give it back to him." Stiles once bought 50 lb. of Brazils off me. Bentley is here, and will tell you that Stiles asked him to put the stuff in his stable. Mrs. Dilly is wrong in saying that the van came along with three men on it; Hart was alone. Hart's statement is untrue.
Cross-examined by Mr. Anderson. I have been in the fruit trade 12 years. I have never known an honest transaction like this. Stiles's business is at Edmonton, three or four miles from Blackhorse Road. He told me he wanted to put the stuff in there so that people at Edmonton should not know what goods he had. I said to Sergeant Hall, "I see I made a mistake through not getting a receipt." It was a strange transaction to buy £26 worth of fruit from a man in the street.
Re-examined. I have never had any dealings in or been concerned with stolen property or been in the hands of the police for any crime.
Inspector ISRAEL BEDFORD. When I went with Honey bun to Dilly's stable no one had the key, and we looked at the fruit thrugh the partition of the adjoining stable. The stable was afterwards broken open by another officer.
DAVID HART (prisoner), examined by Mr. Purcell. I live at 52, Long Street, Hackney Road, and have been carman to Emanuel, Spitalfields Market, for the last five months. I previously worked in the market as a porter. I have never previously been charged with dishonesty, and before this offence, to which I have pleaded guilty, have borne a good character and been in respectable employment. On January 17 I was sent by prosecutor from his shop in Lamb Street, Spitalfields, to kew with a load of fruit As I was leaving, a man whom I had seen with Stiles about three times, spoke to me. I went-with him to a public-house in Brushfield Street and had some drink. We then went to Bishopsgate and had some more drink. In conesquence of what he said I then went to the "Standard" public-house at Walthamstow with him. He got off the van and met Stiles, whom I had known eight or nine months. Stiles beckoned to me to come into the stable yard, the fruit was unloaded by Stiles, Honeybun and myself. I then came back to the "Standard," when Stiles gave me 2s., telling me to lose the van somewhere—to leave the van unattended in Seven Sisters Road or Islington, and then to go to Hammersmith or Kew Market and report the van lost. I left the van unattended, went
to King Street, Hammersmith, stated to the police that I had gone into a coffee shop and when I came out the van was gone. The police told me to go and get the van at Islington, where they said it had been found. I was afraid to go there and went home. Stiles said, "I will see how I get on with this stuff. I will meet you at eleven o'clock at the "Unicorn" public-house at the corner of Commercial Street." I went there as I was going home, but did not meet him there. I saw him next on Wednesday in the market, and on Thursday; on both occasions he would not speak to me. On Thursday night I was arrested, charged, and made a statement, which I altered on Friday at the police-court. I knew Stiles by taking fruit to his place. Emanuel keeps a book in which he enters goods delivered, where delivered, and the name of the carman.
Cross-examined by Mr. Cassels. I have told several stories about this business. The first statement I made to the police about having the van stolen outside a coffee shop was entirely untrue. I asked to have it altered at the Police Court before I signed it. What I have now said is the truth.
PHILIP EMANUEL , Spitalfields Market, carman and contractor. Hart has been in my employment since I started business six months ago—I have had perfect trust in him. I produce book showing that he took goods to Stiles on November 16, December 1, 14, 21, and January 10.
Mr. Purcell recalled Detective-sergeant Hall and proposed to ask as to the. conversation with Bentley in the absence of Stiles. On the objection of Mr. Cassels the evidence was not pressed.
Mr. Purcell asked to recall the prisoner Stiles for further cross-examination; after objection by Mr. Caessels, Judge Rentoul ruled that Mr. Purcell had a right further to cross-examine a prisoner who had given evidence.
Mr. Cassels then said that he should advise his client Stiles to refuse to return to the box or to answer any further questions. He submitted that the prisoner was a competent but not a compellable witness. Counsel explained the position to the Judge in his private room, after which the evidence was not pressed.
Verdict (Stiles and Honeybun), Guilty.
Stiles confessed to having been convicted at Warwick Quarter Sessions on October 20, 1903, and sentenced to seven years' penal servitude for horse stealing. He also received nine months at Middlesex Sessions on April 7, 1894, for housebreaking. Ten summary convictions for assault and drunkenness were proved. It was stated that Stiles was released by the Home Secretary on the conviction of nine months at the end of six weeks; that after his release from prison on January 13, 1909, he had carried on a respectable business as a fruiterer.
Mr. Emanuel having stated that he was perfectly willing to take Hart back into his service, Hart was released on his own recognisances in £1 to come up for judgment if called upon. Honeybun was
released on his own recognisances in £20 to come up for judgment if called upon. Stiles, Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Saturday, February 11.).
Mr. Thin prosecuted.
ARTHUR HYATT , journalist, 18, Maitland Park Road. About 9 p.m. on January 3 I was talking to a man in Hyde Park when I felt a very terrible blow in the face. I was partly unconscious for the moment and the next thing I remember was seeing prisoner struggling in the arms of three or four men. I was taken to the hospital. I lost a great deal of blood. I do not remember ever having seen or spoken to prisoner before.
Cross-examined by prisoner. I was not using any questionable language that evening. I have not addressed young men and women in the Park as an Atheist. (Prisoner here made a rambling statement to the effect that the wrath of God rested upon him, the prisoner, for neglecting to oppose the Atheists, and that when he went to sleep visions of crying children came before him.)
RUDOLF BERMEN , 3, Paddingon Street, Bays water. About 9 p.m. on January 3 I was talking to prosecutor in Hyde Park when prisoner struck him a blow. I closed with prisoner and then the sergeant came and took him in charge. I did not see the instrument he used. Prosecutor had an open wound at the side of his face, just below the ear, and was bleeding a lot.
Police-constable PETER SMITH, 423 A. About 9 p.m. on January 3 I was called to this assault in Hyde Park. Prisoner was being held by Bermen and prosecutor was holding his hand up to his head; he had a cut on the side of His face and blood' was running from it. I took prisoner to the station and on him I found this piece of iron, a flute, matches, and a pair of scissors. Referring to the piece of iron he said, "Yes, that is what I struck him with. He insulted my religion and I could not help it."
SIDNEY REGINALD DYER , Medical Officer, Brixton Prison. I have, had prisoner under my observation since January 4, and have had several conversations with him. I do not think he is of sound mind; he suffers from fixed and definite delusions and hallucinations. His chief delusion is that he has a mission from God to kill people who lecture in Hyde Park on certain subjects. I asked him what would happen if he got let off, and he said that he should still pursue that mission. My opinion is that it was whilst under this delusion he committed this offence, and was therefore not responsible at the time.
To prisoner. You did mention something about Red Cross Knights.
Prisoner, called upon for his defence, made a long and incoherent
statement, condemning people who spoke in the Park against religion and stating that it was necessary to stop their blasphemy for the general welfare of the people.
Verdict, Guilty, but insane so as not to be responsible for his actions. Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE JUDGE RENTOUL.
(Monday, February 13.)
Mr. J. Campbell prosecuted; Mr. Waldo R. Briggs defended.
JAMES DENIGAN , 39, Bruce Buildings, Ford Estate, Holborn. On December 31, about midnight, I was going home through Pentonville Road; I saw some men coming in the opposite direction; they surrounded me, pushed me against the wall, and prisoner took my watch and chain from my top left-hand pocket. They ran off; I followed them till I met a constable, who arrested the prisoner; the other man ran off. When prisoner took my watch he passed it to one of his confederates, a man with a brown overcoat.
Cross-examined. I should say there were nine or ten men; I was frightened; I was at their mercy, I could not do anything, because if I had shown any resistance no doubt it would have been a serious matter for me. The other men ran away; prisoner did not have a chance to run away. I was quite certain at the time that prisoner was the man; I did not say on the way to the station that I was not sure prisoner was the man.
Re-examined. I was and am quite certain that prisoner is the man who put his hand in my pocket and took my watch. I did not really lose sight of the men only when I spoke to the policeman.
HARRY HARWOOD , painter, 33, Southampton Street. I was in Pentonville Road about midnight on December 31. I saw prisoner come up with about nine other men and push prosecutor against the wall and pull his coat open and take his watch and chain; I believe prisoner passed it because they all closed in together directly after; they then ran away; prosecutor followed them; I lost sight of them for the time. I went up Pentonville Road to find a policeman; I then saw prosecutor talking to the policeman; I told the constable what I had seen, and prisoner was arrested.
Cross-examined. I saw these men attacking prosecutor; I was about five yards away; there were about nine or ten men and they surrounded him; they were medium height men and I got so as I could see; I have never seen any of them before; I am certain that prisoner was the one who took the watch.
Re-examined. They did not see me, but the way they were standing I could see through them; I moved so that I could see; I saw prisoner robbing prosecutor; it was fairly light, there was a lamp-post near by.
Police-constable JAMES SCHNEID, 18 G.R. I was on duty in Pentonville Road on December 31 after midnight; I saw prisoner there with about 15 or 20 other men. Prosecutor reported to me the loss of his watch; while doing so, the last witness came up and said he knew the man that did it, and I arrested prisoner. I told him the charge; he said, "Search me." I did not search him then; at the station he was searched and nothing was found on him.
Cross-examined. I did not see the robbery. I was told where the men were, and I went and I saw a gang of men; they did not run away till I arrested prisoner; I should say there were about 15 to 20 men.
MICHAEL O'CONNOR (prisoner, on oath). On the night of December 31 I was passing through Pentonville Road on my way borne; I saw seven or eight men rowing and quarrelling; I stopped to see the row. A policeman came along, and one of the men says, "Look out, here comes a 'flatty' (meaning a policeman), and they all ran away; I stood still. The constable came, to me and said, "I am going to charge you with being concerned in stealing this watch and chain." I says, "Very well, you can search me if you like; I do not know nothing about the watch and chain." I was taken to the station. On the way prosecutor said he could not swear I was the man. I did not steal the watch, I know nothing at all about it.
Cross-examined. I live at 13, St. James's Gardens, Islington. I go that way home, or I could go right straight up and turn by the "Angel"; one way is as quick as the other. I saw this crowd of men, and I stopped to watch them because I thought they were going to fight; there were several others standing there besides me. I did not see prosecutor there; I did not see him robbed. I cannot say that I have seen any of the men before. I have been round that neighbourhood all my life; I have often seen a fight there. When the policeman arrested me the other men were across the road. I was alone when the policeman spoke to me; I do not know why they ran when the policeman came. When prosecutor said that he was not sure whether I was the man the constable could have heard it; I did not see a man in a brown overcoat there.
Re-examined. If there was going to be a fight I wanted to see it.
Police-constable SCHNEID (recalled). When I was taking prisoner to the station prosecutor was about eight or ten yards in the rear; I did not hear prisoner say anything; if he had said anything I should have heard it.
Prisoner confessed to a previous conviction. He was then indicted "for that he is a habitual criminal."
Formal proof was given of service of the notice. The following convictions were proved: At North London Sessions, June 15, 1897, stealing a watch, 20 months' hard labour; North London Sessions, February 6, 1900, stealing money, etc., five years' penal servitude; North London Sessions, September 15, 1908, larceny (person), three years' penal servitude.
Inspector BUTT said that he had gone to a builder named Roberts, for whom prisoner had stated that he had worked about three yearn ago, but Roberts had no knowledge of him.
Warder TUCKEY proved three additional previous convictions.
MICHAEL O'CONNOR (prisoner, on oath), said that on his discharge from prison in December last he went to the St. Giles's Mission and applied for work; he received some temporary assistance, but they could not find him work. Three years ago he worked for a builder named Roberts. He had also spent his evenings helping his wife to make artificial flowers.
Mr. NORRIS, of St. Giles's Christian Mission, said that in December prisoner called to collect the gratuity to which he was entitled on leaving prison, and he called afterwards for work, but had to be told that there was no prospect of work in the building trade till after Christmas.
Sentence, Three years' penal servitude and Five years' preventive detention.
BAKER, William, alias John Henry Christmas (26, baker), and MILLIST, Frederick (27, labourer) , breaking and entering the shop of Marcus Henry Schurrer, and stealing therein a clock, a watch and a pocket case, his goods.
Mr. Helford Knight prosecuted.
Police-constable JOHN BROWN, 140 City. On January 18 about 3.20 a.m. I was in Creed Lane: I heard a sound of falling glass; I ran on Ludgate Hill and looked down towards Ludgate Circus; I saw two persons turn into the Old Bailey; I ran after them; they law me and they ran away; I blew my whistle: Baker was stopped by two men by Fleet Lane and Millist was stopped by another policeman by Bishop's Court. I said to Baker, "What about that window?" He said, "What window?" At that time I did not know which window he had smashed. On the way to the station this clock was handed to me by a man unknown who said it had been handed to him by a carman who had found it in his van. When I got to the station Baker took a lady's watch and a pocket-bonk out of his pocket; he said he had been out three or four nights and was not going to stick out any longer. Millist said that he took the clock out of the window and threw it into a van outside a newsagent's in the Old Bailey.
Cross-examined by Baker. You pulled the things out of your pocket at the station and gave them to me: you did not pick them up off a seat in the station: you pulled them out of your pocket.
Cross-examined by Millist. You told me that you took the clock out of the window and threw it into a van: the carman is here.
Police-constable CHAHLES WICKENH, 312 City. On February 18 at, 3.25 a.m. I was on duty in Newgate Street. Hearing a police whistle I looked down Old Bailey and I saw a number of persons running towards Holborn Viaduct; I ran towards them; I saw Millist in front; I caught him. He said, "All right." I took him to the police station where he was charged.
HENRY HALLETT , carman. About 20 past three on this morning I was in Old Bailey with my van collecting newspapers; I saw prisoners running up the Old Bailey; as they passed my van Millist threw a clock into it; I handed the clock to the police; I am sure it was Millist.
Sergeant JAMES KITCHENER, City Police. On February 16 I went to 34, Ludgate Hll and examined the window there; it is a large shop window 12 ft. by nine; it was broken; there was a hole about a foot square; the goods in the window were in a state of disorder: I saw a brick wrapped in a rag inside the window.
MARCUS HENRY SCHURRER . I carry on business as a fancy goods dealer at 34, Ludgate Hill. When I left the shop about half-past 8 p.m. on January 17 everything was safe. The property produced is my property; the value of it is 4s. 8d. wholesale; I should say the value of the window is about five pounds.
WILLIAM BAKER (prisoner, not on oath). I did have the stuff on me; when I was taken to the police station that stuff was put on the seat beside me; Millist wan sitting on one seat and I on the other; when I put my hand at the side I picked up a watch and a pocket book and 1 gave it to the policeman.
Each prisoner confessed to a previous conviction; and the police proved a bad history as to each.
Sentence (each), 18 months' hard labour.
Mr. Menzies prosecuted; Mr. Roome defended Kenneth.
PERCY FRAULO , manager of Luigi Fraulo and Co., 23, Bakers' Row, Clerkenwell. On Saturday afternoon, January 21, I left our ware-house securely locked up; it contained about 1,000 boxes of macaroni, value 5s. each. That night I was shown by the police two boxes, which I identified as part of the 1,000. Going to the warehouse I found that a window had been smashed and the place entered; in all 40 boxes were missing.
Sergeant J. KENWARD, E Division. On January 21, about 7.15 p.m., I was in Warner Street, Clerkenwell, with Sergeant Ebsary. I saw prisoner in Bath Court, which is about 100 yards from Bakers' Row: they were apparently putting something into a bag. Kenneth left the other man and came to the corner of the court, where he
counted some money in his hand. On seeing me and Ebsary he commenced to run. Brown came out shortly afterwards and I stopped him and asked what he had in his bag: he said he had just bought a shirt for 3s. On the bag being searched at the police station we found in it the two boxes of macaroni (produced).
Brown here said that he pleaded guilty to receiving; he bought the stuff off a man, but not knowing that it was stolen.
Sergeant WILLIAM EBSARY, E Division. I arrested Kenneth on January 22. When I told him I should arrest him for being concerned with Edward Brown in stealing two cases of macaroni he said, "All right. I will come with you; I can prove I was not with Brown last night." I said, "I saw you leave him in Bath Court, and Brown says he bought it from you "; he said, "You get on with it." At the station, prior to their being charged, Brown, pointing to Kenneth, said, "This is not the man I bought the macaroni from last night."
EDWARD BROWN (prisoner, on oath). On this Saturday, between half past 6 and 7, I was in Bath Court, when a man I know well by sight in Clerkenwell asked me how I was going on; I said I was hard up. He said, "Well, you can make yourself a couple of bob: here are these three boxes: I want three bob for them." I looked at them and knew I could make something out of them at that price, and I bought them.
Cross-examined. I do not know the name of the man; he goes about with a barrel organ. I had never bought anything of him. before.
Prisoner was cross-examined as to the places visited by him and his sister in their walk.
Mrs. MARY CHAMPNEY, sister of Kenneth, corroborated his story.
Verdict, Brown, Guilty; Kenneth, Not guilty.
Brown confessed to a previous conviction, and he was proved to have a very bad record.
Sentence, Six months' hard labour.
HARDIE, Richard (23, theatrical manager) , attempting to procure a certain woman, to wit, Bessie Aarons, to become a common prostitute within the King's Dominions; procuring the said Bessie Aarons, a woman under 21 years of age, not being a common prostitute, to have carnal connection with another person.
Mr. Huntly Jenkins prosecuted; Mr. Purcell defended.
(Tuesday, February 14.)
Verdict, Guilty, on both charges.
Sentence, 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Monday, February 13.)
Mr. Moran prosecuted.
MARY KATE HUGHES , wife of Thomas Hughes, 6, Barnby Street, St. Pancras. Between 12 and 12.30 a.m. on January 9 I went to bed, leaving everything locked up as far as I could see. I left this plate, which is my husband's property, in a basket on the dining-room side-board. I cannot say for certain whether the scullery window was locked. On coming down at 7.15 the next morning the plate in the basket was gone.
Detective-sergeant WILLIAM HEXAMER, S Division. On the morning of January 9 I examined the premises at 6, Barnby Street, and found an entry had been effected by the scullery window, there being marks of foot dirt on the cill; it had been a wet night.
Sergeant FREDERICK OXLEY, G Division. At 10 a.m. on January 9 I went with Sergeant Butt to Shuttleworth's lodging house at 57, White Lion Street, Islington, where I saw prisoner. I told him who we were and that I believed he had in his possession property which did not belong to him. He said, "I have nothing." I went to bed last night and have only just got up." I then drew his attention to his boots and said, "You are sodden in mud and wet mould. How do you account for that?" He said, "That is from yesterday. You can search me. I have nothing." In his trousers pocket I found an ordinary latch key with the middle cut away, forming a skeleton key. I said, "Is this yours?" He said, "It was given to me." On f inding another key on him he said, "I do not know anything about that."I said, "Where is your locker?" and he said he had not got one."We then went into the kitchen where I opened a locker with the small key quite readily, and found this property inside. I said, "We shall arrest you, Thompson, and also this man," referring to a man named Richardson, who was standing by. He said, "You can take me, but he (Richardson) knows nothing about it; he only minds my papers for me." He then asked to be allowed to wash himself, and on my refusing he struggled, but eventually said, "All right: you have got me I will go quietly. We did not know of the prosecutor's loss at this time. In the locker I also found a screwdriver with a broken top.
Cross-examined by prisoner. You were sitting at a table with some others, and Butt tapped you on the shoulder and called you to one side. Butt did not ask you how long you had been living there; you volunteered the information and asked us to go and see the deputy to verify what you had said. It was Butt who opened and searched the locker; I was standing by when he did it. Richardson when he came up did not say, "This locker does not belong to this man; he has not got a locker here." Butt did not say to him, "What do you know about it?" and he did not say, "I am in charge of these lockers and when a man wants a locker he generally comes to me." Butt may have said, "Well, if that is the case, you will have to come as well," but I did not hear him.
Sergeant JAMES BUTT, G Division, corroborated the evidence given by the previous witness.
To prisoner. I did not say to you when I called you on one side, "I came here about you last week, and they told me you were not living here." Richardson did not come up and say that he was in charge of the lockers and the locker did not belong to you.
GEORGE HOPKINS , night porter, Shuttleworth's lodging-house. I was on duty on the night between January 8 and 9. The door is locked at one. Prisoner had been staying there two months. The last time I saw him on the 8th was a little after 9 p.m. The next time I saw him was at six the next morning; I let him in. He was wet; it had been a wet night. I pointed out to Butt his locker to the best of my ability.
To prisoner. You were not in bed at 1 a.m. when I went round to check the beds. It is possible that anybody might go out and come in at any time of the night. There are about 30 or 40 lockers, most of which have their partitions gone. I cannot say whether the locker next to yours was locked; but the partition is gone, and anybody could pass his hand through from his locker to yours. I never saw you borrow a key from Randall or anybody else.
To the Jury. The keys to these lockers are very common, and probably one would open different lockers.
Sergeant OXLEY (recalled). The lockers on both sides of prisoner's locker were locked. Some have padlocks and some have the locks in the door. The key to prisoner's padlock would not fit similar locks. About six inches of the partition separating it from the adjoining locker was broken away.
Prisoner's statement before the magistrate: "I am not guilty; I know nothing about it."
JAMES THOMPSON (prisoner, on oath). When Sergeant Butt came and spoke to me he said that he had called last week and had been told that I was not living there. I told him I had been doing so since the 19th of last month, and on that day I had reported myself at the station. The deputy confirmed what I had said. I told him I had no
locker there, that I Had not been out that morning, and the mud on my boots was from yesterday.
Cross-examined. At 5 a.m. on January 9 I got up and let myself out with the intention of going to Spitalfields Market, but as it was wet I returned in three-quarters of an hour. I had been out three hours the day before when it was raining, and that is why I told the police that the mud on my boots was from yesterday. It is true I told him I had only just got up. The two keys on me I borrowed from a man named Randall. The small key fitted his locker, in which I used to keep my soap and towel, and I borrowed it from him at 9.30 that morning; I used to borrow it every morning. When the police searched they found in that and the next locker some old clothes and things. I did not say, "You can take me, but he (Richardson) knows nothing about it"; nor "All right; you have got me fair; I will go quietly." I did not struggle. When the small key was found on me I said I knew nothing about it, because I was confused. The police never asked me whether I had any property that did not belong to me.
WILLIAM BECKETT (compositor), Shuttleworth's Lodging-house. (To prisoner.) The detective said to you, "I believe you have some stolen property in your locker" and you said, "I have nothing. I have got no locker. I am willing to be searched." I saw you borrow a key on that morning from Randall, which, I believe, you put in your pocket. I did not see you go to the locker. I have seen about six other people besides you go to it. There was soap and a towel kept there, and also some blacking brushes, which I have used myself. Randall has not been seen since that morning; previous to that he had been staying there two or three months.
Cross-examined. I am at present out of work. One key will fit three or four lockers; there was no necessity for prisoner to have borrowed the key from Randall particularly; I have one that will fit that locker. I did not see prisoner come in at 6.15 a.m. He borrowed the key at 9.30. I sleep in the same room as prisoner. He went to bed between 11.30 and 12 and went out at 5.30 a.m.; he was in bed at 1 a.m.
Verdict, Guilty. Fourteen previous convictions dating from 1882, and from the last of which he was released in August last year, were proved against prisoner. It was stated that but for the fact that he had done three weeks' work since his release, carrying sandwich boards, he would have been indicted as a habitual criminal.
Sentence, Four years' penal servitude.
BEATRICE ST. CLAIR , single woman, of no occupation, 18, Grenville Mansions, Bloomsbury. At 1.30 a.m. on January 13 I was coming out of a shop in Handel Street with two men named Green and Fane when a girl, who was a stranger to me, spoke to me. We had a quarrel. Prisoner, who came out of a house in Handel Street, asked her what was the matter and she said Fane had insulted her. Prisoner struck at him; I could not quite see what happened next, but I
remember prisoner struck me on the left side; I do not know what with. I fell down unconscious. I did not know him before this. These are my clothes I was wearing at the time.
Cross-examined. "Beatrice St. Clair" is not my proper name. My father's name is Dover; I have assumed the name of St. Clair. I am at present staying with a friend in Kennington; I have a gentleman friend who allows me private means. These men were escorting me home. I have known Green seven weeks. I did not tell my friends that this girl had no right to carry on with a coloured man. The whole thing lasted about 20 minutes, Fane had not insulted her, and I cannot account for her speaking to me. I had seen her in Leicester Square before. She left us and went to this house and prisoner followed her out. He did not demand an explanation of the insults. He did not tell the girl to go home and that it did not matter. He knocked Fane down. He told Mabel, the girl, to go indoors and then went for some of the other witnesses. There were about seven or eight people round. I do not think there was a dead set made upon him. Before I was struck a general scrimmage was going on. I did not strike him in the face. Prisoner struck me twice; those were the only blows I received. I did not see a knife in his hand.
Dr. GORDON EVANS, house physician, Royal Free Hospital. Prose-cutrix was brought into the hospital at 2 a.m. on January 13, suffering from an incised wound about two inches deep and half an inch long on the left side of the chest; it was in a dangerous position. It would require a very considerable amount of force to have pierced all this clothing as it did; the wound could have been produced by this knife.
Cross-examined. It was more of a rip. I do not think there is anything in the size of the knife to make it improbable that it caused the wound.
CHARLES GREEN , secretary, 9, Warfield Street, Battersea Park. I was with prosecutrix and Fane on this night, and we had just come out of a sandwich shop when a girl said that she had been maligned in the shop, which was untrue. She then said she would get her husband, the prisoner, and went into 15, Handel Street. She came out, followed shortly afterwards by prisoner. He said his wife had been insulted, and assumed the aggressive. He struck me in the chest, and then another man, slipping to the ground as he did so. I went for a constable. On returning I found prosecutrix lying in the road unconscious. I took her to the hospital. The whole affair lasted about ten minutes.
Cross-examined. I was absolutely sober, and I should say the others were as well. I did not hear prosecutrix tell this girl that she had no right to go with a coloured man. She said, "I will fetch my husband—the boxer "—that is the only way I heard him described. The words "coloured man" may have been used in the argument, but I did not hear them. Prisoner did not demand an explanation; he "launched out." Prosecutrix did touch prisoner, but I cannot say whether it was a severe blow. There was a general melee.
GEORGE CLARK , 14, Robsart House, Kenton Street, W.C. At 1.30 a.m. on January 13 I was in my flat which is overlooking Handel Street, when I heard a disturbance. I looked out of the window and saw a crowd of about 12 people. There was a lot of screaming. Prisoner ran out of a house and went to hit at a man, who ran away. Prosecutrix got in between them and he struck her. She walked about four yards and then dropped. I assisted Green to take her to the hospital. Green had a stick in his hand, and the girl snatched it from him and hit prisoner in the teeth. Prisoner took the stick from her.
Cross-examined. If prosecutrix had not struck prisoner no harm would have come to her. I saw no knife in his hand; it was Green's stick he had in his right hand when he struck her. I could not see what caused her wound. He struck her with his left hand in the face and in the body with his right. Prisoner was the only one who was fighting; the rest ran away. The girl was the only one who struck him. (To the Court.) I said before the magistrate: "I saw something in prisoner's hand; I could not say what it was." I was not certain then that it was the stick.
VICTOR MOORE , 12, Weatherby House, Kenton Street. At 1.30 a.m. on January 13 I was in my flat when I heard a disturbance in Handel Street. I went out and saw two women having a row. Prisoner came out of a house a minute afterwards, and came at me and my friend. Prosecutrix stepped in front of me and received the blow intended for me in the face. He then went for Ellison and cut his coat right through with a knife that he had in his right hand. I saw he had something in that hand when he came out of the house. I afterwards saw him strike at the prosecutrix with a knife. He hit her in the left side, and she fell unconscious. He ran indoors then.
Cross-examined. As far as I could judge he had a knife in his hand; it was something white. He evidently had the blade up his sleeve. I saw something flash as he came out. The first time prisoner struck her was with the left hand. I saw nobody else with a knife. There was a great confusion at the time. I did not see any one attack prisoner.
CHARLES ELLISON , clerk, 18, Regent's Square, W.C. About 1.30 a.m. on January 13 I saw a disturbance in Handel Street. I saw prisoner came out of a house and knock down a man with his left hand. He then struck at a friend of mine, Harris, who went to get a policeman. He gave the prosecutrix a slight push and then he rushed over to me and struck at me with his right hand. I saw something flash in his hand. I stepped aside and we both fell down. He hit me in the side, cutting through my big coat, jacket, waistcoat, and card case. He then truck prosecutrix in about the same place as he had struck me and she fell. He went into the house before anybody could stop him.
Cross-examined. There were from 10 to 15 people there. Nobody attempted to strike him: he was "running amok."
at me, but I stepped aside. I saw something bright in his hand and he hit Ellison, who stepped on one side. They both fell. I went for a constable.
Cross-examined. I saw prisoner strike prosecutrix with his left hand, but I cannot say what sort of a blow it was: it was a punch. I would not swear he had a knife in his right hand.
Police-constable FREDERICK STOPS, 60 E. In the early morning of January 13 I heard shouts in Handel Street. I went there and saw prosecutrix lying on the footway. Prisoner and a woman were looking out of the second-floor window of 15, Handel Street. I called to him to come down and he came down. I asked him what he had done, and he said, "Look. What about me? Somebody has stabbed me." He had a wound on his arm. I took him to the station. When charged he said, "I want to know who stabbed me."
THOMAS MURPHY , Divisional Surgeon, E Division. About 2 a.m. on January 13 I examined prisoner and found he had a clean-cut wound across the front of the left forearm, about two inches long. It was not deep, but it was deep enough to expose the muscles. It is just possible that it might have been caused by his falling on this knife. He was quite sober.
Cross-examined. I think it is highly improbable that it was caused in that way, and it is more likely that a person struck at him.
Police-constable WALTER AMOS, E Division. About 2 a.m. on January 13 I went to 15, Handel Street. I saw blood on the doorstep. I traced it up the stairs to the first floor and into the lavatory, where I found in the pan this knife (produced). I took it to prisoner and told him where I had found it, and he said, "I know nothing about it. The knife does not belong to me. I do not know how it got there."
Cross-examined. I saw blood also in the bedroom. This house is let in apartments. I do not know whether the lavatory is used by all the tenants.
FRANK MCFOY (prisoner, on oath). I was a professional pugilist. I am a West Indian. I have been boxing nine years and in between times I travel with shows and work in theatres. I went at 12.30 p.m. on January 13 to see my female friend, Mabel, at 15, Handel Street, but she was not there. I was waiting for her when I heard a row outside. I went out and saw her. She told me that the fellows had insulted her and I told her to go indoors. I then got hit across the mouth with a stick and the fight began. They were all trying to hit me with sticks. The prosecutrix got in front of me with a stick. Then I got stabbed, the crowd rushed on me and I went down. I went into the house. I did not go into the lavatory. I did not have a knife with me: I never carry one.
Cross-examined. I do not live at 15, Handel Street; I go to see this girl there. I do not know who hit me in the mouth. I remember hitting a man, but not hard enough to knock him down. I do not remember striking prosecutrix. I did not see her fall. I cannot
account for the blood in the lavatory; it is used by everybody in the house.
Verdict, Guilty of unlawful wounding.
Sentence, 12 months ' hard labour.
BEFORE THE RECORDER.
(Tuesday, February 14.)
DUVAL, Hugo Gordon (23, contractor) , attempting to obtain by false pretences from Leslie Meadows £4 15s., from Robert Forrester Felton £8 10s., and from Paul Schiller £18, in each case with intent to defraud; obtaining by false pretences from Frank Phillips £8 11s., from Frank Ernest Metcalf £36, and from Bedford Fenwick £5, in each case with intent to defraud.
Mr. H. T. Waddy prosecuted.
Mr. Waddy opened the case.
(Wednesday, February 15.)
FRANK LINTON PHILLIPS , manager to Alfred Phillips, Limited, music publishers, 20, The Mall, Ealing. On December 13 prisoner called on me and said had I heard that the Post Office were taking over the telephone from the National Telephone Company I said I had heard there was something going on, but I did not know that the business had been completed. He said, 'Have you noticed how dogeared these present paper directories get?' I said 'Yes.' He said, 'My firm have the authority of the Post Office to issue a cloth stiff millboard cover to go over these directories; would you like-to take a space for an advertisement on this cover? '—producing a green cover like that produced. He quoted £5 5s. a year for the top quarter space on the front of the cover for the district of Ealing and neigh-bourhood; said, 'We have 1,500 subscribers on the Ealing Ex-change "; that the cover would go into every house and also the call offices. I asked him the price for the whole of the back; he said,. £10 10s.; I asked for a discount; he said, 'If you will pay spot cash with the order I will makt it £9.' I agreed. When I was writing out the cheque I said, 'Who shall I make this payable to.' He mentioned the name of Mr. Duval. I said I preferred to make it out to the firm. He showed me a receipt form and said, 'Make it out to the National Telephonic Advertising Company.' He purr chased gramophones to the amount of 9s., and I gave him cheque (produced) for £8 11s.; he handed me receipt signed 'W. Mere-dith.' He said he was the representative of the company, and took the cheque away. I received information and wrote to cancel the
order, when he replied stating that he had distinctly pointed out to me he was in no way connected with the Post Office authorities, and that it was too late to cancel the order. On January 5 I received my telephone directory without a cover. I have since received two covers from a firm in Regent's Street, in no way connected with the prisoner's company. I should not have given the order or paid the cheque had I not believed the representation that prisoner was authorised by the Telephone Company.
Cross-examined. I understood that prisoner was connected with the Telephone Company and came from them and that the cover would be put on the directories as issued by the Post Office. He said, "We have 1,500 subscribers." If the covers were issued to 1,500 people with my advertisement upon it I should have been satisfied.
NELLIE BAILEY , secretary to Frank Ernest Metcalf, Gloucester House, Stokebridge Park Laundry, Ealing. On December 23 pri-soner called and said he had come from the Telephone Company, they were having a new directory, and he had called about the advertise-ments. I telephoned to Mr. Metcalf.
FRANK ERNEST METCALFE , Stokebridge Park Laundry, Ealing. On December 23 I received a telephonic message from Miss Bailey and saw prisoner. He said he was in connection with the Telephone Company, produced a cover, said that Sanders, of Ealing, had taken the top space and offered me a side space in the front for £18. He said the covers were to be issued with the directory. I signed an order to take that space for three years, he gave me receipt (produced) showing that my contract was number 3,036. I paid cheque for £18 to him (produced) which has been duly honoured. I asked him if I could have a space on the Hampstead cover. He said he was not sure. He called again on December 30 and agreed to give me a similar space for Hampstead, for which I gave him a further cheque for £18, payable to H. G. Duval at his request, for which he gave me receipt (produced) the contract number being 3,037. I should have paid neither of these two cheques except for the representation that prisoner was acting for the Telephone Company. I asked him if the covers would be in use at the call offices. He said they would be hung up in the call offices and that his company had got a special fastener for that purpose.
Cross-examined. I understood that prisoner was in connection with the Telephone Company—he said so. He said he was an agent for the Telephonic Company, and that his company were under con-tract with the Telephone Company to supply the cover.
ROBERT FORRESTER FELTON , 7 and 8, Hanover Square, florist. On January 5, 1911, prisoner said he had come to solicit an advertisement to go on a cover which was to be put on the existing telephone books. I said, "How am I to know the Telephone Company sanction this?" He said, "We are in unison with the Telephone Company." I said, "How am I to know that these covers are going on the telephone books?" He said, "This year we are a little late so that the Telephone Company are not putting them, but we have arranged with them that they will do so next year, and also on any further
issue of books for this year, but we shall see that they are put on the existing books." I paid him a cheque for £8 10s., but stopped the cheque before it was paid from information I received.
Miss LESLIE MEADOWS, 10, George Street, Hanover Square, Ladies Guild Scholastic Employment Agency. On January 5 prisoner called, showed me cover like that produced, and said it was to be issued with the Telephone Directory, and that he came from the Telephone Company. 1 then signed contract (produced), agreeing to pay £4 15s. 0d. I asked him, "Will you guarantee that the directories and the covers will be delivered together?" He said that would be so. I had a communication with Mr. Gray, the accountant of the National Telephone Company, and saw prisoner on January 7. I was prepared to put certain questions to him. I said, "Are you from the Telephone Company?" He said, "Yes. My firm has the contract with the Telephone Company for advertising on the covers." He said, "Marshall and Snelgrove have taken a space," and asked for the cheque for the advertisement. I said, "I cannot give it to you today."
ALBERT GEAY , accountant, National Telephone Company, Limited, I received a communication from the last witness and gave her in-structions as to certain questions which she was to put to the prisoner when he called on January 7, at which interview I was present in the inner room. Neither the prisoner nor the Telephonic Advertising Company have any license or permission to use my company's name. Prisoner said at the interview, "We have recently entered into a con-tract with the Telephone Company. I am canvassing for them. I am authorised by the National Telephone Company." Those answers were given in reply to questions which I had instructed Miss Meadows to put.'
Cross-examined. In my opinion prisoner could be stopped issuing the covers.
PAUL SCHILLER , 47, Draper's Street, director of the Floral Depot, Limited. On January 10 prisoner produced a card and stated that he came from the Telephone Company, that many complaints bad been received with regard to the outside of the "Telephone Directory," and that his company were issuing covers, a specimen of which he produced. He said his firm was represented in New York, Berlin, and Paris, where they had done the same thing, and they were proposing to carry it out in London. He offered me the top oblong space in the front for the Mayfair, Hampstead, Paddington, and' Marylebone district for £18. I agreed to take it, and somewhat re-luctantly gave him a cheque for that amount. On information I re-ceived I stopped the cheque.
CHARLES LASCELLES , advertising manager to Marshall and Snelgrove. My firm have had no communication with the Telephonic and General Advertising Company, or the prisoner, and have given no order for an advertisement on the cover (produced).
JAMES MCMILLAN , clerk, telephone branch, General Post Office. The General Post Office have entered into no contract with the prisoner or the Telephonic and General Advertising Company in reference to
"Telephone Directory" covers, have not given any authority or licence to issue such covers, or to use the name of the Post Office.
Sergeant ERNEST HILL, C Division. On January 16, between 10 and 11 a.m., I saw prisoner in Sutton Lane, Turnham Green, and read the warrant charging him with attempting to obtain £4 15s. from Miss Leslie Meadows by false pretences. He said, "All right, but I suppose you know it is a mistake?" Later on, at Chiswick Station, he said, "She has got her back up because I wrote her saying I would cancel her order with pleasure. But I suppose if I say anything to you it will be given against me." I replied, "Probably." He said, "Oh, well it does not matter—it is all a mistake. I think I know what is the matter—I told her I had got an order from a big West-End firm; I might have mentioned Marshall and Snelgrove; but you know that is an old advertising dodge. When you have got a fool of a woman to deal with you have got to mention one or two big firms." On the way to the police station he said, pointing to the bag I had taken from him, "You might let me take out one or two tilings." He opened the bag, pointed to some contract notes, and asked me to let him have them. I declined to do so. I said, "I believe you are the principal of the Telephonic Advertising Company?" He said, "Yes, I am the company." In the bag I found two telephone directories, a quantity of contract forms, Schiller's cheque for £18, marked "payment stopped," and a contract form filled up for number 3,025, with the words, "By official permission."
HUGO GORDON DUVAL (prisoner, not on oath). Although my age is stated as 23, my right age is 18 years last June. I admit that to a certain extent I was indiscreet in stating that I had an order, from Marshall and Snelgrove. I did not say I came from the Telephone Company. I always handed my card showing that I represented the Telephonic and General Advertising Company. I was doing a perfectly legitimate business, and but for having been arrested the covers would have by this time have been issued, and in the hands of telephone subscribers. I have been indiscreet, but I had no intention to defraud.
JOHN SANDERS , Ealing Broadway, draper. I made contract produced with the prisoner for advertisement on the cover at £10 10s. less 15 per cent. He made no representations to me that he was in any way connected with the Telephone Company or that the cover was issued by that company. He distinctly stated in answer to my questions that was not so. If the covers were issued before January 30 I should be quite content and consider it a valuable advertisement.
A. E. SUCH, 22, Tavistock Street, Covent Garden, printing and advertising specialist, representing Hughes and Matthews, Cowcross Street, printers. At the end of November or beginning of December, 1910, I gave prisoner estimates for making 12,000 covers at £12 12s. per thousand. I considered it a bona fide business.
Cross-examined. I had a commission note for Hughes and Matthews. Prisoner did not complete his order to me, as he proposed making a portion of the cover himself.
CHAKLES MALCOLM BELL , Cursitor Street, Holborn, bookbinder. On January 11 prisoner approached me in reference to the bevelling of the boards for covers, which I offered to do for him at 15s. per thousand. I also estimated to complete the cover at 38s. per hundred.
LEWIS JOHN DANN , 27, Church Road, Acton, printer. I have done printing for prisoner for 18 months. I estimated for the gilt printing on covers produced. I also provided books of contract, receipts, and other stationery. I have been paid for all the work I have done for him.
GEORGE COLTHURST , proprietor of Arthur's Stores, Westbourne Grove. Before Christmas prisoner applied to me for an advertisement on cover produced at £10. He did not give me to understand that he was connected with the Telephone Company. I did not give him the order.
GEORGE FREDERICK RATCLIFFE , 43, Baker's Street, engineer. On January 10 I placed an advertisement with prisoner for the right hand space on cover produced for £5 5s., less 10 per cent. for cash, and gave him cheque for £4 15s. I quite understood I was placing the order with an independent firm, who were issuing the cover to telephone subscribers. If it is carried out according to contract I shall be satisfied.
ALBERT GRAY , recalled (to the Jury). I did not communicate with prisoner or caution him in any way. On January 11 prisoner wrote denying that he had represented his company to be connected with the Telephone Company and that that would henceforth be printed on his contracts.
Verdict, "We find him guilty of misrepresentation, but not with intent to defraud."
The Recorder. That is a verdict of Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 14.)
JOACHIM, William Lackerstein, alias Vanderbilt, Frederick Dennehy (48, agent), unlawfully and fraudulently by false pretences causing and inducing Helen Beatrice Taylour and Phyllis Maud Taylour to execute certain valuable securities, to wit, five bills of exchange for the payment of £1,000 each.
Mr. Leycester and Mr. Montague Shearman, junior, prosecuted.
HELEN BEATRICE TAYLOUR . My sister and I live at 10, Grafton Street, and are the proprietors of a Ladies' Club. In October we were wanting to take larger premises, and we advertised in the "Daily Telegraph" of October 13 that we would give a good bonus to anyone introducing £500 to £1,000 for a genuine-going West End concern. In answer we got a letter (Exhibit la) headed "Frederick B. Vanderbilt, 32, Marmion Road, Clapam Common," requesting us to call, and stating that "Mr. Vanderbilt is no moneylender's agent nor is he
a moneylender. He helps strictly honourable and genuine cases, which does not imply either that he, Mr. Vanderbilt, is a philanthropist." On October 28 we called at that address and saw prisoner. We told him that we were taking larger premises and that we wanted a little more temporary capital. We offered him as security debentures in the club. He said, "I never touch those. I only lend money on the most tangible security. I have to-day financed a very large company for £60,000, and 1 do not mind whether it succeeds or not as I am perfectly secured. I have a friend who is very sweet on debentures, and I shall be very pleased to introduce you to him." My sister asked what commission he would charge and he said, "None at all. I do not do that sort of thing; it is my friend, and I will introduce you to him." He went on to say that he only financed big things himself, and that he was a director of different companies. I then said it was only a temporary advance we wanted, and he said that if it was only a matter of £1,000 or so he would do it himself. Quite at the early part of the interview he said that he was a Vanderbilt, an uncle of the Duchess of Marl borough and Mrs. Payne Whitney and a brother of Cornelius Vanderbilt—the one that drives the coach. He said he was only stopping there for quite a short time and that he had bought a place in Chislehurst, for which he had paid £4,000. He did not mention with whom he was staying at 32, Marmion Road, but he said the letters there were tampered with, so his business address was Cook's, at Charing Cross. The following Monday, October 31, he called on us according to arrangement. He said he had had great difficulty to be in time, and that he had been to a very big board meeting of a company into which he had put £15,000, and which was starting some sewing machine. He came with me to see the club premises in Cork Street. The agents with whom we were communicating about them. were Coburn and Co., of Leadenhall Street. On returning to Grafton Street he told us that he thought it was a very good thing; that he would assist us to get the premises; that all his own money was practically out, but that he would get it for us from America. I told him the necessity of closing the matter at once, and to assure us that it would be all done he wrote this letter to me to show to the agents saying that if the landlord would let us have the premises he would be willing to pay a year's rent in advance, provided he made certain concessions; it is signed "Fred D. Vanderbilt." Either on that day or the next he said that they were forming a large company which was making a railway near Quebec, and he said if it went through all right he would be "the Vanderbilt of the Vanderbilts," and that he would be the richest of the lot, and that they were also getting up a company for buying up different coal mines in Wales. He also mentioned as a young man he had been in the Royal Navy and had got his captaincy; that he had the full right to use his title of captain but did not do so; and that he had been left a lot of money when he came of age. On the Monday he asked us how much we wanted, and that we had better decide at once. I said about £2,000 or £2,500 would be sufficient. He said we had better take enough when we were getting it because we would not get it again, and that
he would arrange that we should have £3,000. I agreed to that because we had to pay £2,000 down—the rent. He called again on the following Wednesday and said he had been able to arrange it quite satisfactorily, and that we could have £4,000 or £5,000. I said we did not require quite so much, but he pointed out that we should have to pay £1,000 for the loan whether it was £3,000 or £4,000, and that it would be an advantage to have some surplus capital even if we did not use it. We agreed to take £5,000, of which we had to return £1,000. He then wrote this letter: "Confirming our conversation to-day, you may rely upon my lending you the sum of £5,000 for rent for your club, and incidental expenses attendant thereon." He then said we should have to sign bills for the amount for four months. I said we hoped to pay the whole thing in a year, but we must have two years' time in which to pay. He said that the bills were renewable, and we had only to give six weeks' notice and they would be renewed at 6 1/2 per cent. or 7 1/2 per cent., but he would try and arrange the thing at less percentage. He called again next day, bringing five unstamped bills for £1,000 each, dated November 7, to "J. Batten, 32, Marmion Road, Clapham Common," three being for three months and two for four months. He left them with us to sign and have stamped. He said that he would get the bills discounted, and that, of course, we knew quite well that they would be valueless without his backing them. He said that his man or his agent would have to go up to Glasgow to do so, as he was not lending the money, and that we should have to pay £21 expenses. I offered him a cheque, but he said that he wanted gold. He arranged to call on the next day, Friday, for the bills and the gold. On the morning of that day we signed the bills and I took them down to Somerset House, where I found I could not get them stamped. At some place in Chancery Lane I bought five blank bill forms. I think I must have taken them to Somerset House and got them stamped, 10s. each. I returned with them and found he was waiting. My sister and I began talking it over and we thought that we would rather not sign them. He said, "You ought to kuow yourself that the risk is absolutely on the other side, for the bills, unless I back them, would not be worth anything, and I shall be responsible for them." He said he was simply backing them to enable us to get the capital we required, and that his name on them alone was enough security. That reassured us. My sister filled them up from a form which prisoner had filled up the night before and we signed them. The name "J. Batten" was on them, as it is now The names, "James Sossick" and "First Sossick" were not on them. He said "J. Batten" was his clerk, that we should have the money within a week, and that, as we had not had the bills ready for him when he arrived, it had delayed the matter for a day or two. When we were saying that we were doubtful about signing the bills he said, "To show you how much I am trying to hurry the matter and assist you, I gave orders to have some shares sold out of my own, so that I would advance you the money myself." He asked whether he could use our telephone as he wanted to ring up a Count Wilhelm, a
great friend of his, who was a keen business man and did a lot of his. business for him. I think he said he was in King William Street. He said he would like us to hear the conversation and if we would stand by for a moment he would tell us exactly what they said. He rang up and asked for Count Wilhelm, and was told he was not in, but his clerk was there; he told me that the clerk was answering him. He asked if they were hurrying up selling these shares out, saying that it was "Vanderbilt" speaking, and that he had given his orders and wished them carried out at once. He told them where they would find out all particulars about the shares and to hurry up the matter. These two letters, dated November 7, which we signed, were written at his dictation. He took them either at that interview or the day before. In them we give absolute authority to bearer to discount our bills of acceptance of even date upon the most favourable terms, and to pay the prisoner or his nominee all subscriptions to the Grafton Club from thenceforward until all our bills were repaid in full. On that Friday morning we paid him £15 in notes and £6 in gold, and he gave us this receipt. He took the bills away with him and made an appointment for the following Wednesday. On the morning of that day he rang up and my sister spoke to him. He came on the Friday morning, November 9, and said he was getting on with the matter; that he was to get £4,000 for his preference shares, and was going to give us £3,000 of it to start with, as he wanted the other £1,000 just for the moment for himself. He said when the bills had been discounted, which his man was seeing to, he would repay himself the £3,000 and give us the £1,000. He said he was selling out the shares at once, and in doing so he was getting 19s. instead of £1. Before this I had communicated with my solicitor and a warrant for his arrest had been obtained. Whilst speaking to us a police officer arrived and he was arrested. We have received nothing for our bills of exchange and in signing them we believed the statements he had made about himself.
Cross-examined by prisoner. You did not say that you were going to mortgage your shares. Most of the furniture in the club is our own, but some of it is on the hire-purchase system. I called on Mr. Western before I called on you, but finding that he was a money-lender I did not call again. I never went to Fieldings in Southampton Row to try and get money; I did not know them at all. On the Wednesday, the third interview, you dined with us. My sister was present all the time: I was never alone with you. After dinner you told us about your relations. I do not know that you actually said Cornelius Vanderbilt was your brother, but you said you were the brother of the Duchess of Marlborough's father. You said that you had joined the English Royal Navy at 13. and that you left at 23. You also told us of an incident that happened when the King inspected you as a cadet. You had those Bills in your possession from Friday, November 4, to November 11. I did not write and ask you to return them because we had put the matter into our solicitor's hands. If we had been sued on those
bills we should not have been able to meet them. We had some money in the bank, but I did not wish to draw the £21 from that, so you wrote us a letter in order that we might obtain an overdraft.
RICHARD FAITHFULL , solicitor, Swan Street, Borough. I first met prisoner in 1899, and from that year until May, 1904, I saw him fairly constantly; he came to my house on several occasions. The name on the card which he gave me when he first called was "William Lackerstein Joachim," and I never heard him called by any other name. I asked him one day why he called himself "Captain," and he said he had held a captain's commission in the pilot service in India. He also said he had two brothers living in Calcutta, named Cyril and, Edwin. I wrote to one of them, and had a letter in reply, signed "Joachim." He said he had been to Calcutta himself, and in 1903 he wrote me from there. He never suggested that he was an American; he told me that his grandmother, Mrs. Lackerstein, lived in Calcutta; he never mentioned the name Vanderbilt to me.
To prisoner. You brought a lady to my house, who you said was your wife. I do not think you ever told me who your father was.
PHYLLIS MAUD TAYLOUR corroborated the evidence given by her sister, Helen Beatrice Taylour, and added: When he told us he was a captain in the English Navy, I said, "You mean the American Navy," and he said, "No, the English Navy." He said he was a brother of Cornelius Vanderbilt, and that a brother, William Vanderbilt, had offered him his place at Maidenhead. When he telephoned. Count Wilhelm I think there was some mention of his mortgaging the shares if he would not sell them.
JAMES SOSSICK , moulder. In October I was wanting some capital in order to set up some plaster works, and I advertised in the "Daily Telegraph" that I wanted £2,000 or £3,000, and I received this letter, which is similar to Exhibit la; it is imitation typewriting, and signed "Fred. D. Vanderbilt." I wrote in answer to that and re-ceived a reply. I wrote again, and on October 25 I got a letter, arranging to see me on the following morning at 32, Marmiou Road. I went and saw prisoner. He said he was a brother of Cornelius Vanderbilt, of New York. I explained what I wanted the money for, and he said he would certainly let me have it—£2,000 or £3,000. He said, "Do not look at this house; this is only temporary. I have just bought an estate from Empress Eugenie at Chislehurst, in Kent." He never told me what he had paid for it, but he said he was building a big mansion there, and as soon as it was finished he should move there. He also told me that his family lent some money to the Russian Government, and he went there like a tramp with £500,000 in his pocket. He spoke of so many things that I do not remember them all. I said it would be sufficient for me if I had £1,000 at once, and £2,000 in reserve, and he said he would do his best. I said that all the interest I should be prepared to pay was 5 or 6 per cent. He asked me to give him some references from mv clients, and I gave him nine or ten names, amongst whom were Mr. Frith and Mr. Gotta. On November 5 I got this postcard, making an appointment for me to see him. I went to see him on either the 5th or the 7th. He told me
he had a proposition to make to me; that he had two ladies, the Misses Taylour in a club in Grafton Street, who wanted to increase the premises and wanted £5,000 in cash, £1,000 for expenses and £1,000 for me. I asked how much percentage would be wanted for my money, and he said 10 per cent., which I refused. Eventually he said, "Here is £5,000 for these ladies, £1,000 for expenses and £1,000 for you-£7,000 altogether. Those ladies have got to have £1,000 for expenses, and you can sign the bills as lender of it." I asked him where the money was to come from, and he said, "I provide the money and give you security for it too." I was to sign seven bills of £1,000 each. I agreed to put my son in to sign also. He said that these ladies would pay the £5,000 back to me in 12 months and I could keep it or refuse it, and the £1,000 which I would have would be free of any interest He told me to buy two bills stamped 10s. each at Somerset House, and I did so. Subsequently he came to my house with these five bills signed by the Misses Taylour, and said if I would sign the whole seven bills he would let me have the money in a fortnight or three weeks at the longest. I signed them all with ray son. I said, "If I sign the bills I am liable to pay," and he said that was not so, and I must do so in order to enable him to give me the money. I had confidence in him. He said, "I must prove that I have given you the money so that I can receive the money. I think he told me that "J. Batten" was a capitalist, and that Lady Trafalgar was answerable for half of those bills. He took them away with him. I considered the matter that evening and on the following morning I went and asked him whether everything was correct. He said, "Certainly. If you fear anything, as you have signed the other bills, give me £2 10s. and everything is finished and I will give you the bills." That reassured me, and I left the bills with him. Next time I saw him was at the Marl borough Street Police Court. I signed Exhibit 14, which is an authority to bearer to discount the seven bills that I signed. I never gave prisoner authority to get Mr. Frith or Mr. Gotta to sign for me.
To prisoner. You told me that Cornelius Vanderbilt was your brother. You did not say that the estate you were buying was near Empress Eugenie's estate. At that time I had a banking account. I pay £1 a week for my flat. If my business had gone on all right I should have been able to repay the money, but not otherwise. I never ask my customers to back bills for me. The £2 10s. that I was to pay you for the return of the bills was to pay for the stamps on the five bills of the Misses Taylour.
JOCELYN BATTEN , clerk in a Railway Clearing House, 35, Anselm Road, Clapham Common. Prisoner and I married sisters. When I first knew him he was lodging at 32, Marmion Road, with my wife's family, nearly six years ago. I fancy his name at that time was Lackerstein. I married five years ago and left that address in the early part of last year, leaving prisoner there with his wife. He used the name of Vanderbilt about four years ago, as he said that was his father's name. He said the reason why he used the name of Lackerstein was that that was his mother's name. I have never had any financial dealings with him nor have I signed any bills of exchange. I
know nothing about these bills. I never gave prisoner authority to have bills of exchange drawn upon me. I am not in a position to lend large sums. On the Sunday before he was arrested he said that he had made me the drawee of some bills; he did not say what they were. I do not understand anything about bills and I asked him no questions. He never gave me any explanation. He started using the name of Vanderbilt after he was married.
To prisoner. I did not prosecute you because I thought I could trust you. You told me your father's name was William Henry Vanderbilt, the multi-millionaire of New York.
(Wednesday, February 15.)
WILLIAM SILVER FRITH , sculptor, Elgin Studious, Chelsea. I have known James Sossick for about 20 years. At the end of October he called upon me and had an interview. I then got this letter, signed "Fred. D. Vanderbilt," asking for an appointment to see me with reference to an introduction he had had to me from Sossick. Prisoner called on November 8 and inquired if he was honest, industrious, and sober, and made various inquiries of that kind. I told him what I knew of him and he said that he intended to assist him to start in business, and he, and those acting with him, were going to advance him £1,000. He suggested that I should back up my good opinion of him by signing a bill for £1,000. I said I did not see my way to doing anything of the sort. He pleaded the cause of Sossick generally and suggested that it might be a good thing for me if Sossick was a successful business man because he could get a large amount of work for him from the "Four Hundred" of New York. I did not quite see how that would benefit me. He said it was purely a matter of form and that the real person who would pay was some Lady Trafalgar. I said I should have to think about it. He never came again.
To prisoner. My suspicions were aroused because I had never heard of a Lady Trafalgar. I thought it was a matter that ought to be looked into; I cannot say it amounted to even suspicion. (To the Court.) I do not think he made any definite statements about himself.
BASIL GOTTA , sculptor, Chelsea. I know James Sossick. About the end of October he called and interviewed me. In the early part of November I received a letter signed "Fred. D. Vanderbilt," saying that he would call upon me in regard to some transaction with Sossick. Prisoner called upon me and told me that he was financing Sossick as a bronze founder: that he had gone into it from a business point of view, and the simplest mode of doing it would be by means of a bill. He said that Sossick would buy the goodwill of a foundry for something like £750 by means of a bill for £1,000. He suggested my putting my name to it in some form, and that he and Soseick were prepared to give me letters relieving me of all liability. I asked him why, if I was to have no liability, I should be asked to back the bill, and he said that he was not finding the money himself, but it was out of some family funds, and that my signature would be more
a guarantee of the respectability of Sossick than anything else. I did not agree to do so.
To prisoner. It may be you asked me to accept the bill. You did not absolutely say that you had family funds for investment, but I gathered that the money would be found by your family.
ALBERT EDWARD KEMPSTER , bandsman, Irish Guards. From June till about November I was lodging at 32, Marmion Road, prisoner being my landlord. He occupied the top four rooms and I occupied the remaining three rooms on the bottom. I paid 9s.a week. He told me the rent of the house was £1 a week. I knew him as "Captain Van-derbilt," uncle to the millionaire—the man that rode the coach. The first night I was there he said he had got a fine concern going. I asked him what the name of it was, and he said, "When you come into it I will tell you. Let me have £180 and you are made for life." I again asked him for the name, but he said he would not tell me until I came into it. I said I had some other use for my money. On the following night he said that this concern was a West End club, in Park Lane, and that if I would let him have £180 he would appoint me secretary at £5 a week. I said I would consider it. About a month after that he asked me upstairs, and suggested that if I could not go in for £180 I should go in for anything I liked, and suggested £50. He eventually suggested I should have £20 in it. I never put any money into it.
To prisoner. You never asked me what my income was, and I never told you anything about it. I did not leave the house owing you rent. You made a false charge to my Colonel, who ignored it. You said you were a captain of the Royal Navy and I believed it. For my £50 I was to be secretary at £5 a week, and you said that my money would double itself. Of course I did not believe it. You said that you were a member of the Army and Navy Club.
JOHN HAMMOND , manager to Montague Jones, pawnbroker, Wandsworth Road. I have known prisoner for the past 12 months in the name of "Lackerstein," in the way of purchasing and pledging goods. On September 15 he pawned two bags and two skirts for £2. On September 22 a bag and a suit for 25s, and on October 7 a gold chain and ring for £1. On the same day he pawned a grand piano for £25, and this is the contract note (produced).
To prisoner. You may have pawned a silver snuff box, but I cannot remember it.
Police-sergeant GEORGE SMITH, C Division. On November 11 I went to 10, Grafton Street, where I saw prisoner with one of the Miss Taylours. I told him who I was, and that there was a warrant in existence for his arrest, and he would have to accompany me to Vine Street. He said, "I do not think I shall go." I told him he would have to, and I conveyed him to the station. On the way he took a letter (Exhibit 26) from his inside pocket, which he was in the act of tearing up when I took it away from him; he said, "Let me do away with this; it may get me into trouble." It is addressed to Coburn and Co., Leadenhall Street, is signed "Fred. D. Vanderbilt," and states that the Miss Taylours' financial position justified them incur-ring
£1,750 a year rent; that he had known them for some considerable time and could vouch for their very highest respectability.
Inspector HENRY FOWLER, C Division. On November 11 I saw prisoner when he was brought into Vine Street Station, and I read the warrant to him. He said, "I am quite prepared to meet it." While searching him he said, "This is unfortunate. I have got a chance of making my fortune to-morrow morning." On the charge being read over to him he replied, "I am not guilty, and will make those ladies pay for this." He gave his name as "Frederick Dennehy Vanderbilt," and his address 32, Marmion Road. On the following morning he told me that if I were to go to his address I should find the bills in a cupboard in the top room. I went there and found the seven bills of exchange and other documents that have been produced; they included a list of members of the Grafton Club, typed on several sheets of flimsy paper, giving particulars as to what each lady was paying as subscription. Amongst them is Viscountess Trafalgar, Salisbury.
To prisoner. On January 18 you applied to the Governor of Brixton Prison to write the Assistant Commissioner of Police to bring up for you William Kissem Vanderbilt, the Duchess of Marlborough, Mr. Hunsdorfer, Mr. Gotta, and Mr. Frith. William K. Vanderbilt was written to in Paris, but the Paris police inform us that he had left his address leaving his whereabouts unknown. The Duchess of Marlborough is in the south of France, and declines to attend. Mr. Hunsdorfer is employed by Pinkerton's Detective Agency and is in America now. You were told of this last Sessions, and you said it did not matter.
WILLIAM LACKERSTEIN JOACHIM (as indicted) (prisoner, on oath). My name is Frederick Dennehy Vanderbilt. I am the illegitimate child of the late William Henry Vanderbilt. My mother's name was Ophelia Lucretia Lackerstein. I invited W. Kissem Vanderbilt, particularly through the police, to bring documentary evidence that he has of my birth. I invited him through the Governor of the Brixton Prison to give evidence on oath and the Governor read me a letter from the Commissioner of Police saying that he had left Paris for America and that his address was not given to anybody. Of course, I could not force a great man like that to come into Court. This action has rendered me destitute of all means. I have always spoken of him as my brother; I would not let all the world know that I was an illegitimate child. There is a deed of settlement from my late father, William Henry Vanderbilt, leaving my mother the interest on a million sterling, which she never drew. That was to come to me. It amounts to a good large sum if I could get the interest and compound interest: He has got the documents. In November, 1909, I was in Berlin. I had bills in my possession from Prince Franz Josef von Braganza, a nephew of the Emperor of Austria. Some newspapers attacked me and I wrote to my brothers for protection (Prisoner read a letter
dated January 20, 1910, to William, George, and Frederick Vanderbilt, enclosing certified translation of two scurrilous articles that had appeared of him in some of the German papers and letters of sympathy he had received from friends; and asking them as his own flesh and blood to remove the only stigma that attached to him, that of his unfortunate illegitimate birth, reflecting as it did upon their deceased father, William Henry Vanderbilt, of New York. He read another letter, dated January 31, 1910, which, he said, was addressed to Frederick Washington Vanderbilt. In this he referred to a request made to him to refrain from using his name, and continued, "My reply to this was that I have used, am using, and will continue using the names that I have a right to, even if I was crucified for it." He was about to read a passage in which he stated that he had never done anything in his life to be ashamed of, but when cautioned by Mr. Leycester he discontinued.) This letter was sent by registered post. I produce the registered receipt. The silver snuff box I referred to when cross-examining Hammond was given me by my father, William Henry Vanderbilt, in 1882, when he saw me in York, in the presence of W. K. Vanderbilt, my half-brother. I endeavoured to get these bills discounted, but could not do so. They are absolutely valueless. I never intended to rob these people, but to further their prospects.
Cross-examined. I first learnt that I was the illegitimate child of W. H. Vanderbilt from my mother when I was between 19 and 20. I first adopted the name of "Vanderbilt" five or six years ago. The Vanderbilts have repudiated me now, but they have not always done so. One of them threatened to prosecute me. I have nothing more than I have already read to show that they at any time acknowledge me. My name as a boy was "William Joachim"; I was adopted by my mother's sister, whose name was Joachim, to cover my mother's shame. I used that name until about seven years ago, when my mother died; I dropped it about two years after that—in 1905. I then used the names of Lackerstein, in which I married in 1905, and Frederick Dennehy Vanderbilt. "Frederick" was a fancy name given me by my mother, and I am called "Dennehy" after General Dennehy, groom-in-waiting to the late Queen Victoria, who was supposed to be my godfather. I was baptised as "Frederick Dennehy." William Joachim died and I was put in his place, he being supposed to have been murdered by his father; I was too young to remember where it was. When a child I lived with my mother partly in England, partly in India, and partly in France. I have been to America. I have never seen nor had any financial dealings with Cornelius Vanderbilt, or any of them. I never said that he was my brother: I said that the late Cornelius Vanderbilt was a brother of mine. The Duchess of Marlborough is my niece. I said I visited at her house. I have been there once. I never said that I met his late Majesty the King there; if I did it would have been untrue. I do not remember telling the Misses Taylour that I had financed a company for £60,000 or £16,000; I may have done so, but it would not be true. I was tired when they called and they worried me. I have had £16,000, but I have not got it now. This action has rendered me destitute because
all my friends have deserted me; a gentleman was going to lend me a large sum of money. I had a pound or two at the bank when I was arrested. I did not tell the Misses Taylour that I had financed big things, but I could do so. I never told them that I could lend them this money myself; I proproposed to lend it to them out of certain shares that I had instructed Count Wilhelm to get a loan on; these shares, worth £5,500, were lent me by a friend of mine named Salter, whom I cannot find. I said that I was going to buy a place in Chislehurst, not that I had done so. I said I was interested in a sewing machine company, not that I had put £15,000 into it. I wrote Exhibit 2a at Miss Taylour's request, but it was understood that I was not going to pay the rent in advance; I was not in a position to do so, and what I wrote was, in fact, untrue. As regards my statement about the estate in Quebec, I was one of the promoters of a syndicate to obtain a concession in Quebec for £300,000, which would mean a grand fortune to any syndicate. I had put no money into it. I have been a captain in the Bengal Pilot Service, which calls itself the Indian Marine; I never said that I had been a captain in the English Royal Navy. I see I describe myself in my marriage certificate as "Captain, late of the Indian Marine." I was negotiating with a Mr. Monell to get these bills accepted and then to raise money on them to lend the Misses Taylour, less my commission. Monell is an agent for finance, of King William Street, and I worked through him as a financier. I have not tried to get him here. If I had got decent acceptors he would have got the bills discounted. I never told the Misses Taylour that I had arranged they could have £5,000; I said I was arranging it. I had arranged with Monell to renew the bills at 6 1/2 per cent. I told the Misses Taylour that before I could do anything with them it would be necessary to get the acceptance of some responsible person, and I asked if I could ask some of the ladies of the club. They would not permit this, but I was going to take upon myself to call upon Lady Trafalgar as a last resource, but I never did so. I did my business from my own residence and employed no clerks. I said that my man was going to Glasgow to discount these bills, but this was not so; the £21 I obtained for Monell to go to Brussels and Paris where his people are; I said Glasgow because I did not want the Misses Taylour to know where the money was coming from. I did not pay Monell anything. I spent part of the £21 in going about and trying to get people to accept these bills. I went to five people altogether, including Mr. Frith and Mr. Gotta. Some of the money is in the hands of the police. I never told Sossick that Cornelius Vanderbilt was my brother, nor that I had bought Empress Eugenie's estate. I told him about lending money to the Russian Government by way of a joke, and after we had arranged the business. I asked him to sign the bills because Monell told me to get two different sets of signatures to them if possible, and he said that it would be necessary also to have two persons to accept the bills before his people would touch them in any way.
Inspector FOWLER stated that, according to the police records, prisoner appeared to have come to this country in 1882, and, having married, left shortly after with his wife, and went to Calcutta. There he worked for his father, a merchant, as a clerk, and returned to this country in 1897. His real name was William Lackerstein Joachim. The police next heard of him by that name at Old Kent Road and Mincing Lane, where he was conducting a loan-office agency, in re-spect to which the police received many complaints. That was in 1897. In the following year he was at Grove Lane, Camberwell, where he carried on a next-of-kin agency. Later in the same year he was at Russell Road, Peckham, carrying on a similar business. In 1900 he conducted a matrimonial agency in Victoria Street, Westmin-ster. In 1901 he was engaged in frauds in connection with a person in India who appeared to have some claim to a peerage; having obtained a power of attorney he offered remunerative positions in a company to exploit the man's claim on condition that the applicant bought certain shares in it. He was next heard of in Kingston, carrying on a fraud of a similar nature. Further fraudulent dealings in 1904 led to his conviction in May of that year, when he was sentenced to six months' hard labour on each of the charges made against him. Whilst on re-mand he confessed to having committed bigamy in 1901; this charge was not proceeded with owing to insufficient evidence. In 1909 he was engaged in Berlin in extensive frauds in connection with Prince Franz Josef von Braganza, by which £325,000 worth of bills had been obtained from him. He had done no honest work since he had been to this country. Hunsdorfer, to whom prisoner had referred, had been sent by the Vanderbilt family to New York to prevent him using their name if possible, he having been a great source of annoyance to them. There was no shadow of truth in his statement that he was the illegitimate son of the late W. H. Vanderbilt.
Sentence, Three years' penal servitude.
BEFORE JUDGE RENTOUL.
(Wednesday, February 15.)
Mr. Colin Smith prosecuted.
CHARLES FISHER , labourer. At 1.30 a.m. on January 16 I was in Harford Street, Mile End Road, when I was suddenly set upon prisoner and three other men; prisoner caught me by the throat while the others went through my pockets; they took two half crowns and a few coppers. I was flung to the ground and the four men ran away. I saw a constable and he and I gave chase. We came up with prisoner and one other man at a corner; they were standing still. I told the constable that prisoner was the man who had caught me
by the throat. Prisoner said, "It's not me, guv'nor, they have run round the corner." I have no doubt that prisoner is the man.
Cross-examined by prisoner. It is not true that when the inspector asked me, "Are you really sure this is the man," I said, "I am very nearly sure." The two half-crowns were not found on you. I do not say that you had the money.
Police-constable JAMES BRADY, 300 H. On this morning I was in Mile End Road about 100 yards from Harford Street, when Fisher came to me and complained that he had been knocked down and robbed by four men; he pointed out two men running, and we gave chase to them. At the corner of Claverly Street we came up to prisoner and another man, who were standing still. Prisoner at once said, "It's not me, guv'nor, they have just gone down the street"; he said this before prosecutor or I had said a word. I arrested prisoner; on being searched at the station 4s. 6d. in silver and 6(d. in coppers were found on him. On the charge being read over to him he said, "I am not guilty."
MICHAEL FITZPATRICK (prisoner, on oath). This morning I had been to my married sister's place at Fairfield Road, Bow, and was returning home. I was at a coffee stall talking with a friend when prosecutor and Brady came up; prosecutor said, "That's the man"—meaning me—and I was arrested; they said nothing about my friend. At the station prosecutor charged me with robbing him of 5s., and said nothing about the assault. The inspector said to him, "Are you really sure that this is the man that got hold of you?" Prosecutor replied, "Well, I am nearly sure he is one of them"; the inspector said, "You must be sure"; prosecutor replied, "Well, I am sure." At the police court Brady told the magistrate he was not sure that I was one of the men he saw running. The money I had on me was three separate shillings and three sixpences and some coppers. I am absolutely not guilty.
Cross-examined. The friend I was with is named Johnson; I had him in attendance at the police court, but he was not called; I don't know whether he is here; my wife tells me that she has found him and also a man named Oligar, who saw everything. It is not true that I spoke to Brady before anything was said; prosecutor said, "That's the man," and I then said, "It is not us, guv'nor"; we both spoke at once and said, "It is not us, guv'nor, it's some men running down there"; Brady could see them running away.
A call was made for "Oligar" or "Any witnesses on behalf of Michael Fitzpatrick"; nobody answered.
At the suggestion of the Jury FISHER and BRADY were recalled (each being out of Court during the evidence of the other); they stated that when they came up to prisoner and the other man, both men, although they were standing still, were breathing hard and showing signs of having been running.
Prisoner confessed to a previous conviction. His real name is Mark Crisp. Some 20 convictions were proved, including one with a sentence of five years' penal servitude. He was stated to be an associate of the worst characters in East London.
Sentence, Three years' penal servitude.
BEFORE MR. JUSTICE AVORY.
(Wednesday, February 8.)
Mr. Graham-Campbell and Mr. Montague Shearman, Junior, prosecuted; Mr. J. Hayes defended.
Police-constable FRANK G. WAYLETT proved plan for use in the case.
Cross-examined. Northam Street, Limehouse, has a good macadam surface; it would not be slippery; it was relaid about six months ago.
(Thursday, February 9.)
Police-constable HARRY BRAY, 648 J. On December 16, about 9.15 p.m., I was on duty in Mile End Road, when I saw a two-horse van; the horses had run away; they were stopped by a man just as they came to where I was. Prisoner came up immediately and said, "I was just having a drink in the 'Globe' when they went off"; he had been drinking, but was quite able to take care of his horses; he was wearing a cap. The van was one of Hempleman's; on December 31 I identified it in Hempleman's yard.
Cross-examined. The horses were very restless. I saw no ground for detaining prisoner and he got on the van and drove away.
JAMES WILSON , potman at the "Lion and Lamb," Chapel Street On December 16 I saw Alf Williams in the public bar about 6 p.m. and again about 10. Just after 10 prisoner pulled up with his van—one of Hempleman's fish offal vans. He and Williams had two drinks each: after about 10 minutes they went out; prisoner got on the van first and Williams got up on the other side; they took one rein each and drove away, the van going from one side of the road to the other. Prisoner seemed as if he had had a drop of drink, but he was not falling about; he got up on the van all right. He had a cap on.
Street; it was going at a great pace, and on the wrong side of the road; two men were driving, each holding one rein. Evans started to cross the road from opposite to me; he had got two steps from the pavement when the van came upon him; the pole chain struck him and he fell; the offside horse trampled on him and the two offside wheels went over his back. The van went right on without slackening pace, although I and Lewington shouted for it to stop. Both the drivers had their hats off.
Cross-examined. It is rather dark just where this happened. I cannot identify prisoner as one of the drivers; I cannot say what colour the horses were; they were galloping; I do not think the drivers had lost control of them.
PERCY A. ELLIS . I am night watchman at Hempleman's. Part of my duty is to check the carmen as they come in and go out. We employ about 28 carmen; they go to different parts of London collecting fish offal. On the night of December 16 prisoner left the yard about 7 o'clock in charge of a two-horse van; he was due to return between 5 and 5.30 a.m. At 10.40 he came back with the van; he was driving alone; he told ma that one of the horses had gone lame. Prisoner was the worse for drink; he had no cap on. I noticed Williams (another of our carmen) come from behind prisoner's van. After he had put the van and horses away prisoner asked me to book him in at 12 o'clock; with the condition he was in I was frightened that he would strike me and I marked the time-sheet 12 o'clock; when he had gone I erased this and entered 10.40, which was the time he had, in fact, arrived. The rule is for one man to ride on the dickey. I did not see Williams on the van at all.
Cross-examined. Before the coroner I said that I had timed prisoner by my watch at 12 o'clock; this was untrue; prisoner was sitting beside me while I gave that evidence. (To the Court.) The horses were in a cold sweat; one seemed slightly lame. I cannot say what advantage it would be to prisoner to appear to have come in at 12 instead of 10.40, except it was to convince the firm that he had been farther on his rounds than he actually had been.
HARRY GEORGE , another carman of Hempleman's said that he was leaving the yard about a quarter to 11 when he met prisoner coming in with his van; prisoner was alone on the dickey; he had no cap on; he seemed the worse for drink. Witness shortly afterwards noticed Williams in the yard.
Police-constable THOMAS NORTON, 43 K. On December 20 I saw prisoner at his house. I said, "Do you know anything about an accident in Hubbard Street or near there on the night of the 16th? "He replied, "No"; but he admitted that he had passed through Hubbard
Street on that night. Prisoner being in bed, I asked him why he was laid up; he said, "I was returning home on Friday night or early Saturday morning, when I slipped on the steps leading from Plaistow railway station, and it was past 11 when I drove through Hubbard Street." On December 21 I again saw prisoner; I told him that the man I had been inquiring about the previous day had died. I cautioned him, and he made the following voluntary statement: "Between 10 and 10.30 p.m. on the 16th my horses ran away from the 'Globe' public-house, Mile End Road, and my name and address was taken by a constable there. After then I stopped at two public-houses and had drinks. It was half-past 11 when I went through Hubbard Street. I did not knock anyone down, to my knowledge, or I should have stopped. My offside horse having fell lame in Whitechapel, I was returning empty; I was returning home alone."
Sergeant JOSEPH MORRIS, 67 K, Coroner's Officer, was called to prove the deposition of prisoner at the inquest.
Mr. Justice Avory expressed a doubt as to whether it was not necessary to call the coroner himself to prove a deposition taken before him.
Mr. Graham-Campbell referred to Archbold, page 441: "A deposition taken before a coroner may be proved by the coroner or by any person who can prove the coroner's and the witness's signature and that the witness was sworn," etc.; also. Coroners Act, 1887, sec. 4, ss. 2, sec. 5, ss. 3.
Mr. Justice Avory (after the luncheon interval) said he found that he was not the only Judge who had expressed a doubt upon this point. In R. v. Bateman (4 Foster and Finlayson, 1068) Baron Martin said he would reserve the point if the prisoner were found guilty; but prisoner was acquitted. In R. v. Colmer (9 Cox. 506) the same learned Judge admitted the deposition. He (Mr. Justice Avory) thought that the deposition was admissible under the Coroner's Act, 1887.
Witness said he was present at the inquest when prisoner gave evidence on oath. The coroner himself took down the deposition and the original (produced) was in his writing. The deposition was read over to prisoner and signed by him in witnesses's presence.
Deposition read, as follows: "On the night of the 16th I went to work about 6.30 p.m. I proceeded on my round and got as far as Whitechapel. I found the offside horse, 'Teddy,' had gone lame in Whitechapel: I walked him to Holborn Viaduct and I found there that if I continued this pace I could not do my work, so I turned back. I walked him back to the 'Leaping-bar' in Aldgate; I had drinks there again. I first stopped at the 'White Horse' in Bow; then went to the 'Earl of Warwick' in Mile End; then to the 'Leaping-bar,' and then I returned there. I came down the road and went to the pub. on the left, I think the 'Black Boy.' I then came down the road as far as the 'Globe'; that is where my horses turned round and were stopped by the police. I asked the constable to take no notice, as no damage was done, because I was having a drink: he said, 'All right, jump on.' I came down towards home as far as 'Marsh Gate' tavern; there I had a drink. I jumped on the van and did not stop until I got to the foot of Crowe's Road Bridge, when I got off to make
water. I came down Chapel Street from 'Marsh Gate' tavern, down Rokeby Street, turned the corner of Northam Street into Hubbard Street, into Manor Road, down Pond Road, into Manor Road under the archway, where I stopped. I do not know anything about knocking anybody down in Hubbard Street. I was the worse for drink. Nobody else was with me. I had no cap on when I came into the yard; it was on the tank; I hit my head against the beam in the alleyway of our works, which knocked the cap off. I have no recollection of any conversation with Ellis about being lame. I did not meet anybody in the public-houses I went to. I first discovered the horse was lame between the 'White Horse' and the 'Leaping-bar.' I left the works that night at 7; went to the 'White Horse,' Bow; got there at 7.30 to 7.40; stayed there a few minutes and went to the 'Earl of Warwick'; got there about 8; stayed a few minutes there; went to the 'Leaping-bar'; stayed there a few minutes; then went to Holborn Viaduct; I then turned back to the 'Leaping-bar' and got back about 9; then back to the 'Black Boy'; then pulled up at the 'Globe,' where the horses ran away. I then proceeded home; I stopped again at the 'White Horse' and at 'Marsh Gate' Tavern, and got home after 11. I did not see the time-sheet; I did not see Ellis look at his watch. I left the works at getting on to 12. I put the horses away; I asked Ellis to give me a hand. I do not remember much about it at all. It was about 1 o'clock on Saturday morning when I fell down the steps at Plaistow; I was alone at the time; I have sprained my knee. I pitched on the top of my knee-cap; did not hurt or cut myself anywhere; I was on the second step from the bottom; no one picked me up when I fell down. I was alone all the way in the van. I did not graze my leg. I may have told Ellis that I had struck it against the tank. I had been on the drink for five weeks. I do not know whether I put the horses away or not. I remember catching my head against the archway when driving. I was sitting on the dickey. The seat of the dickey is about 18 inches above the tank."
Dr. SIMPSON KERR, West Ham Hospital. Evans was admitted at 1 a.m. on December 17; he was suffering from concussion of the brain; there were abrasions of the skin of the face and on each arm; there was a large bruise on the lower part of the back and a similar bruise on the front lower portion of the abdomen. I think the bruises were the result of a horse trampling on him, or they might be caused by a wheel going over him. He died on December 21. The post-mortem examination showed lividity on the back extending from the head downwards; on incising the situation of the bruises there was found to be extravasation, which proved them to be bruises, not the result of post-mortem lividity. On opening the chest I found a collection of fluid in each pleural cavity. The lung lobes were consolidated from pneumonia and there were other evidences that pneumonia had supervened before death. I consider that the primary cause of death was shock, the secondary cause pneumonia.
Cross-examined. He must have had pneumonia before he died, but I did not detect it before the post-mortem examination. The heart
was feeble and irregular. I am satisfied that he had not pneumonia when he was admitted to the hospital. (To the Court.) Before the post mortem I came to the conclusion that the cause of death was shock following the accident; he never recovered from the shock before he died.
Detective-inspector WILLIAM BURRELL proved arresting prisoner on the coroner's warrant; on being told he would be charged with manslaughter prisoner said, "All right."
Prisoner's statement before the magistrate." I am not guilty and do not propose to call any witnesses here."
Cross-examined, he stated that, although he had gone into the public houses he mentioned, he did not have a drink at each one; he had about six glasses of ale in all; he continued: I was not exactly drunk; I was far from being drunk, but I had had a drop of beer; I was not what you pronounce drunk. I did see Williams at the "Lion and Lamb," but did not drink with him. Williams was not on the van with me that night at all.
Prisoner was shown to have borne a good character; he had served in the Army and left with good discharges.
Sentence, Nine months' hard labour.
BEFORE THE RECORDER.
(Wednesday, February 8.)
A previous conviction at this Court on February 28, 1907, of nine months' hard labour for assault on a girl and abduction was proved.
Sentence, Six months' hard labour.
Prosecutrix stated that prisoner married her at her request, she knowing him to be married.
Sentence, Two days' imprisonment.
Mr. W. S. M. Knight prosecuted; Mr. Warburton defended.
Detective-sergeant WILLIAM HUBBARD, K Division, stationed at Forest Gate. On January 2, at 10.50 a.m., I saw prisoner at Liverpool Street Station, Arthur Peak being there. I said, "You are Mrs. Peak?" She said "Yes." I said, "Your husband here alleges that you have committed bigamy by marrying him in April last while your husband, Edwin James Crow, was alive, whom you married in or about September, 1908.' She said, "He is wrong, I was only living with Jim Crow. I never was married to him." I took prisoner to Forest Gate Police Station. She there said, "I would not tell you in front of him, I will tell you now. I am married to Jim Crow and he knows it—I have told him. He thought I was coming into some money. I was a good wife to him and he knows it. I told him the whole truth before we married." She was then charged. I subsequently obtained certificate (produced) showing the marriage with Crow took place on September 2, 1908.
LOUISA CLARK , wife of Ernest Clark, Upton Park, carman. On September 2, 1908, I was present at the marriage of the prisoner as "Grace Chambers," widow, with my brother, Edwin James Crow. I last saw Crow two years ago. I produce letter in his handwriting from San Francisco.
ARTHUR PEAK , Petty Officer, H.M.S. Ganges, stationed at Harwich. On Sunday, April 17, 1910, I met prisoner in a public-house at Chatham. I went home with her that night and on the following Saturday married her at St. Pancras Parish Church. We lived together for some time at various places. About four months after we were married she said, "You would be surprised if I told you I had been married four or five times." I said, "What do you mean?" "Oh, well," she said, "I have only been living with those men." I took my Christmas leave on December 29. I came home on December 30, when she mentioned she had some friends of the name of Crow living at Chatham. I took her to Chatham to see them. As we were coming home she said she had been married four or five times.
Cross-examined. After going home with prisoner on the first occasion she said she was coming into some money, and I was going to retire from the Service.
Prisoner's statement before the magistrate. This man Peak knew that I was a married woman two days before I left Chatham to get married to him. On the Tuesday two days after I met Peak I was in my room where I was staying. Peak came to see me and we did not go out that night. My landlay made a fire for me in my bedroom. I said to him, "I will show you all the photographs and letters I have from different men," and I told him my life story. He said, "I pity you, and if you will promise me to be all that a wife should be I will make you a good husband." I said, "I am already married to James Crow." He then asked me who was Jim Crow; I said he was my husband, and that he could read the letters that he sent me. They were all written in lead pencil to me in the name of Mrs. Rogers. He read them and called Jim Crow all the scoundrels he could think of Then I gave him my marriage certificate, which he also read find handed me back, and told me to burn it lest people should see it.
He said, "It will be all right when we have left the country—the sooner the better."
ARTHUR WILLIAM ROGERS , seaman, 72, Locksdale Street, The Dingle, Liverpool. I made prisoner's acquaintance at Sydney, Australia, in the beginning of 1896 or 1897. I married her on May 12, 1898, at Sydney Registry Office. I remained with her there only two days, when I proceeded to China in my ship, H.M.S. Waterwitch. I was away until about 1900, when I returned to England, and I sent prisoner money for her to come home, which she did. We found we could not live together happily, and separated by mutual consent while in Portsmouth in 1901. I left the Navy in March, 1903, and went into hospital. I am suffering from consumption. I have not since seen or communicated with prisoner until this trial.
ALEXANDER FLINT , Secretary's Department of the Admiralty, Military Branch, gave evidence that the last witness was in Sydney, China, and Portsmouth on the dates stated by him. He also identified tattoo marks on Rogers's arms corresponding with the description recorded in the ship's log.
The Recorder stated that if Rogers's evidence was believed by the Jury there was no case on the present indictment. The Jury found that the witness Rogers was the person he represented himself to be, and returned a verdict of Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, February 8.).
Mr. Lynch prosecuted.
ALFRED OSBORN , prisoner's brother-in-law, said he knew prisoner as a weak-minded man and that he had been told by people where prisoner worked that he did ridiculous things. He had given prisoner no authority to vote in his name.
Sentence, Six weeks' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, February 9.)
Mr. Moritz prosecuted; Mr. Purcell defended.
ALFRED ROBERT JONES , 60a, Leytonstone Road, Stratford, tobacconist. Prisoner came into ray shop at 6.20 p.m. on January 3. He asked for a packet of Woodbines and put down a florin. I gave him a shilling, a sixpence, and fivepence in bronze as change. As he went out of the shop I tested the coin and found it was counterfeit. He had then left. I followed him. I stepped into the road and saw him a little distance in front. I lost sight of him for about 30 yards. He then went into Thompson's, a tobacconist and newsagent. I also went in and asked Mrs. Thompson what he had asked for. She said, "A packet of Woodbines." I said, "What has he given you?" She pointed to a coin lying on the counter, which I picked up. This is the coin. I told him he had been in my shop and passed a bad coin on me. He said, "I have never been in the shop. That is the only coin I have, and that was given to me by Mr. Mitchell in the "Essex Arms" for helping him to carry a body." I said, "This one is a bad one, too." I sent a lad for a policeman and gave him into custody.
Cross-examined. Leytonstone Road is fairly busy at 6 p.m. People then are mostly coming up the road; prisoner was going down. There was a fair number of people between me and prisoner. From the time I saw him 30 yards off I did not lose sight of him. I did not see him give or throw anything away or speak to anybody. He had neither money nor Woodbines on him when he was searched at the station.
Mrs. MARY THOMPSON, 42, Leytonstone Road, £., tobacconist and newsagent. Prisoner came into my shop on January 3 about 6.30 p.m., and asked for a packet of Woodbine cigarettes. While I was getting them Mr. Jones came in. Mr. Jones's is about three minutes' walk. Prisoner had laid a 2s. piece on the counter. I think when Mr. Jones came in he said, "What did he ask for?" and I said, "A packet of Woodbines." He said to prisoner, "You gave me another coin of the same sort." Prisoner said he had never been in Mr. Jones's shop. I cannot identify the coins; I never touched them. They were handed to the constable in my shop.
Police-constable GEORGE SIDEY, 630 E. On January 3, about 6.30 p.m., I was called to 42, Leytonstone Road. Prisoner, Mrs. Thompson, and Mr. Jones were there. Mr. Jones said, "This man has passed me a bad coin and I followed him into here and just caught him in the act of passing a second one." I said to prisoner, "You hear what this gentleman says? "Prisoner replied, "That is all the money I have got on me and that was given to me by Mr. Mitchell at the 'Essex Arms' for helping him to carry a body. You can search me if you like. This man has made a mistake. I have never been in his shop." When he was searched nothing was found on him. When charged he said, "I have never been in the man's shop." These are the coins Mr. Jones handed to me.
Mr. Mitchell, a coffin maker, of Lucas Street, Commercial Road, E. There were four of us helping to carry a coffin. At the end of the job a 2s. piece was given to one of the men who helped. He asked me if anybody had change. I felt in my pocket, gave the man 1s. 6d. and took the 2s. I was in the "Essex Arms" at the time. After I came out of there I went into Mrs. Thompson's for a packet of Woodbines. The account that has been given of what passed there is correct. I had not been in Mr. Jones's shop.
Cross-examined. I am a labourer. It is about 12 months since I did regular work. I only did that work for Mr. Mitchell that day. My sister gave me 2s. that day and I had 1s. 6d. on me in the "Essex Arms." I do not know why I did not buy the Woodbines in the "Essex Arms." I did not want them at the time. I do not know where Mrs. Jones's shop 1s. I do not know who the other three men are that Mr. Mitchell employed. He picked them up at the Leytonstone Cemetery. I went there as a kind of mourner; I knew the party. After the service was read in the chapel we carried the body to the grave. I did not go down with the intention of getting a job.
ROBERT MITCHELL , 110, Lucas Street, E., coffin maker. I saw prisoner at the funeral at Leytonstone Cemetery. He and three other men carried the body from the church to the graveside. I knew all of them by sight. Only prisoner came to the funeral. I gave one of them a 2s. piece for the four of them in the "Essex Arms" a little after 6 p.m. I got the coin amongst others from the cemetery people in change.
Two previous convictions were proved.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, February 15.)
Mr. E. Wetton prosecuted.
ALICE MAUD ALLEN , postmistress, 29, Windsor Road, Beckton. On January 26, a few minutes after 8 a.m., prisoner came in and asked for a postal order for £1; I made one out and passed it under the screen; he grabbed at it and ran off. I ran after him and he was stopped. I identify the postal order produced. I am quite certain prisoner is the man who came in; I never lost sight of him till he was arrested.
HENRY C. SIMPKINS . Hearing Allen shout, "Stop that man!" and seeing prisoner running, I caught hold of him by the throat, saying, "Stop, chap, you are wanted." He laughed at me and said, "Let go, or I will out you." I held him till a policeman came.
been standing the postal order produced, rolled up in a ball; I ran after the policeman and gave him the order.
Police-constable THOMAS BEDWELL, 249 K. I was just going off duty when I saw prisoner being detained by the two witnesses. I told him I should arrest him for stealing a postal order; he said "All right." As I was removing him Maloney handed me the order that he had picked up. On being formally charged prisoner made no reply.
Cross-examined by prisoner. We had gone three strides or so when Maloney came up with the order. I had not seen it before. You did not tell me that you had been up to Beckton Gasworks after employment.
Prisoner confessed to a previous conviction; two others were proved.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday", February 8.)
Previous convictions were proved.
Sentence, 12 months' hard labour.
COOPER, Harry (38, labourer), and COOPER, Arthur (29, labourer), both stealing one mare, the goods of John Roebuck, and receiving same; both attempting to steal one gelding, the goods of Dunbar Kelly.
This case was heard at the January Sessions before Judge Lumley Smith, when the Jury disagreed (see page 304),. The evidence given at the former trial was now repeated and the following additional witnesses were called:
JOHN PETTIFFER , 3, Bailey Street, Camberwell. About three weeks or a month after he was arrested Arthur Cooper told me about the charge, and that was the first time I heard of it. I remember seeing him at the "Rockingham" and at the repository on the same day when he was arrested between 8 and 10 o'clock in the evening.
Cross-examined. I was in the neighbourhood all day. If he had been there before the time I have said, I should probably have seen him.
Verdict, Not guilty.