FEBRUARY (2), 1911.
Vol. CLIV.] Part 917.
CENTRAL CRIMINAL COURT
HELD FEB. 28TH, 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 28th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , one of the Justices of His Majesty's High Court; Sir GEORGE FAUDEL-PHILLIPS, Bart., G.C.I.E.; Sir JAS. T. RITCHIE, Bart.; Sir JOHN C. BELL, Bart.; Sir T. VANSITTART BOWATER, Knight; Sir GEO. WOODMAN , Knight; 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 LUMLEY SMITH , K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
HENRY C. BUCKINGHAM, Esq.
E.V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT.
VEZEY-STRONG, MAYOR. FIFTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, February 28.)
BROOKS, Henry (22, labourer), who pleaded guilty last Sessions (see p. 320) of robbery with violence, was brought up for judgment. He was released on his own recognisances in £25 to come up for judgment if called upon, Mr. Scott-France, the Court missionary, stating that prisoner would be found work until he attended the training camp of the Special Reserves.
GRANVILLE, James (40, scaffolder) who pleaded guilty last Sessions (see p. 320) of robbery with violence, was brought up. He was released on his own recognisances in £25 to come up for judgment if called upon, Mr. Scott-France stating that he, with the aid of the Roman Catholic Aid Society, had found prisoner work in Lincolnshire.
It was stated that prisoner had been sending such communications for the past two years.
Dr. W. C. SULLIVAN (Medical Officer, Holloway Prison) stated that, though prisoner was of an emotional and hysterical nature, he had found no indications of insanity; he had had her under observation for 11 days.
Sentence was postponed till next Sessions for Dr. Sullivan to continue his observation of her; Mr. Scott-France to see her in the meantime.
Mr. Forster Boulton prosecuted.
Police-constable FRANK GOODMAN, 341 E. At 11.45 p.m. on February 14 I was on duty in Doughty Street when I saw prisoner loitering. After watching him 10 minutes he went to a letter-box at the corner of Guilford Street and Doughty Street, about 10
yards away. He took something out of his pocket and rubbed it on his right hand, which he then rubbed along the aperture of the box. He walked a little way away. A lady came and posted a letter, and when she had gone he went up and put his hand inside the aperture. He then walked back to where he had been standing. A man came and posted another letter in the same box, and on his going away prisoner did the same thing, and returned again to where he had been standing. Another man came and posted a letter, and for the third time prisoner went up and put his hand in the aperture. This time I saw him take out something, which appeared to be a letter. He then went in the direction of Calthorpe Street, and I followed and arrested him. He said, "What the b—h—do you want me for?" On the way to the station he dropped this tin containing birdlime. I told him he had dropped it and he said, "I never dropped it; I must have kicked it with my foot." When charged with stealing the letters he said, "I never stole the letters." In his right-hand coat pocket I found these five letters and three postcards, all of which have unobliterated stamps upon them. They all have birdlime on them. In his left-hand pocket I found this razor, a screwdriver, a glasscutter, a piece of string with birdlime upon it, and a piece of wire also with birdlime on it.
Cross-examined by prisoner. I did not say to you, "If I had my mate with me I would put you through it," and you did not say, "I am not a stranger about here, if you think I am." I did not "jog" you in the jaw and twist your arm and so make the tin fall from your hand.
Prisoner, called upon for his defence, handed in a long statement which was read. It was to the effect that a packet of letters and the tin box had been given him in Guilford Street by two young men, whom he had met that night, with instructions to take them to a Rowton House, where he was to wait till they came, when they would give him 3d., his lodging money; that coming opposite to the pillar-box in question he saw a postcard lying on the ground, which he put in the box. Nobody having come back for it within five minutes he took it, and was going to the Rowton House when he was arrested. He declared that on several occasions he had assisted the police.
Prisoner confessed to a previous conviction of larceny on November 9, 1899, at Clerkenwell. It was stated that during the month previous to prisoner's arrest there had been 40 or 50 cases of letter boxes in the neighbourhood having been tampered with. There were 10 previous convictions against him. Since his release from his last sentence he had worked for a time, and had on several occasions earned rewards by assisting the police, but he had rejoined his old companions and had recently been convicted of assisting in the management of a brothel.
Sentence, 12 months' hard labour.
NEVILLE, Charles, otherwise Neville, Charles Henry, otherwise Bernard (40, milk carrier), pleaded guilty of feloniously stealing one can and two quarts of milk and one can and five quarts of milk, respectively, the goods of Laura Jones.
Sentence, Nine months' hard labour.
Six previous convictions were proved, five being for a similar offence. He was released on the 7th of this month.
Sentence, 12 months' hard labour.
Mr. Forster Boulton prosecuted.
EDWIN WHITE BRUCE , clerk, Secretary's Office, General Post Office. For the past two years there have been a large number of complaints of the losses of letters passing through the Norwood Post Office, and I was instructed to make inquiries. On February 21 I made up a test packet, addressed "Mr. E. Bailey, Fireman, Steamship Columbia, Grimsby," and containing a letter, a half sovereign, a half-crown, and a shilling, all marked with my private mark and securely fastened in cardboard, six penny stamps, which I marked with invisible ink, and a white silk handkerchief. I securely fastened the envelope and posted it at 11.25 p.m. in the letter-box at the Norwood head post office. It should have passed through the South-Western District Office. On opening the bag that it should have been in I found it was not there. I have heard that it did not reach Grimsby. Bennett afterwards made a communication to me, and I saw prisoner. I told him who I was and cautioned him. I described tie letter I had posted, told him where I had posted it, and asked him if he wished to say anything about it. He said "No." I said, "To-night Mr. Bennett asked you for two penny stamps and you gave him six." He said, "Yes, I had six, and I told him that I had had them sent to me. I gave him six in exchange for sixpence." I told him that Bennett had marked them and given them to me. These are the stamps, and I identify them as those I put in the test packet. I developed my private mark on five of them in his presence. He said, "To tell you the truth, I did not have them sent to me. I picked them up outside the office. I found them at 11 o'clock on Tuesday night when I came into the office." I said, "I tell you that the six stamps were in my possession at 11.25 on Tuesday night," and he said, "I did pick them up when I said." Police-constable White searched him, with his permission, and in his pocket was a purse containing half a sovereign and a shilling, which I identified as those I put into the teat
packet. I asked prisoner what he wished to say as to them, and he said "I do not know what is the meaning of it at all." This letter would only have been in circulation a few minutes before it should have been forwarded to the South-Western District.
WILLIAM FREDERICK BENNETT , overseer, Norwood Post Office. Prisoner was assistant head postman at my office. His salary was two guineas a week and 6s. extra for six stripes, and he had been thirtytwo years in the service. At 11.30 p.m. on February 21 he came on duty, remaining till 12.20 a.m. on the 22nd. A letter posted outside at 11.25 p.m. would be collected at 12. Prisoner would have access to it. He returned to duty at 2.45 p.m. on the 23rd. Having received some instructions, I asked him if he could oblige me with two penny stamps. He gave me them and I gave him 2d. He said, "I have four more, if you care to have them, as I was in luck's way yesterday; a friend of mine sent me half a dozen." He then gave me four, and I paid him sixpence in all. I put my initials on them and handed them to Bruce. I noticed no packet broken open in the 12 o'clock collection. In the event of a packet becoming broken open it was the postman's duty to hand it to prisoner, and if containing valuables he should mark it for compulsory registration.
Detective ALBERT BLAKE, General Post Office. I was present when Mr. Bruce made up the test packet in this case. He fastened it securely.
Detective PERCY WHITE, General Post Office. I was present on February 23 when Mr. Bruce interviewed prisoner. On searching him I found this purse containing half a sovereign, a shilling, three pennies, and a silver penny. Mr. Bruce gave him into custody and I took him to the station, where he was charged. The coins were shown to him at his request, but he made no remark. On the next day in the cell passage he said, "I shall admit I had it. The packet was' broken and the shilling fell out. I shook the packet and the half sovereign fell out. I never saw the handkerchief. I was going to register it, but took it out when I went off duty and posted it at Westoe Hill. The stamps also fell out with the money."
GEORGE BURNESS (prisoner, not on oath). On the night of the 21st I found a shilling, a half sovereign, and three stamps on the table where the letters were. I could not see from which packet they came, so I put them in my pocket, meaning to make inquiries. I was off duty next day and I forgot all about them. I never saw the packet in which they were contained.
Verdict, Guilty; recommended to mercy on account of his long service.
It was stated that prisoner had been suspected for the past 18 months. He had an excellent character.
Sentence, Six months' hard labour.
HAYNES, William John (35, postman), and HAYNES, Ernest Walter (31, porter), William John Haynes stealing one postal packet containing five postal orders of the value together of £2 5s., the property of His Majesty's Postmaster-General, he being an officer of the Post Office; Ernest Walter Haynes, feloniously receiving two of the said postal orders, to wit, one postal order for 4s., and one postal order for 2s., well knowing them to have been stolen.
Mr. Forster Boulton prosecuted.
CHARLES EDWARD HARRY , 47, Winchester Road, Highams Park, Chingford. On December 19 I wrote a letter to the Metropolitan Water Board, 6, Broad Street Place, E.C., enclosing five postal orders, amounting in all to £2 5s., of which these are two (produced). I posted it at 9.35 a.m. at the pillar-box in Winchester Road. I do not know prisoners.
WILLIAM JOHN VIOLET , assistant superintendent, Eastern Central District Office. A letter posted at 9.35 a.m. on December 19 at Winchester Road, Chingford, addressed to 6, Broad Street Place, would pass through my office at 2.57 p.m., where it would remain till 4.30. W. J. Haynes, a postman employed at my office, came on duty at at 4 p.m. on that day, and he would have access to this letter. About 200 other postmen would be on duty about the same time, and they would also have access to the letter.
To W. J. Haynes. It is highly improbable for a postal packet to get lost. It was not your duty to, deliver this letter.
(Wednesday, March 1.)
RICHARD WALTER DAVIES , Investigation Branch, General Post Office. In accordance with instructions I kept prisoners under observation from November 28. On that day I saw W. J. Haynes finish his 11.15 delivery at 1 p.m. He went to a public-house in Bishopsgate Churchyard where, at 1.15 p.m. he met E.W. Haynes, whom I have found since to be his brother. From there they went to the "Bay Tree" public-house, which they left at 1.20. W. J. Haynes went to the tube station at the Bank, and E.W. Haynes entered the pott office at Post Office Court, bought a penny stamp, and put it on a letter which he posted. I then followed him to New Street, Kennington, where at 3.30 he met W. J. Haynes. I next saw them together on December 2. On December 6 I saw E. W. Haynes cash a postal order for 5s. 6d. at Cannon Street, signing the name "E. W. Baker." I saw prisoners together the next day. They usually went into the "Bay Tree" or the "Royal George," Kennington. On the 20th I went to 18, Fleming Road, Walworth, where W. J. Haynes lives. He left there at 3.15 p.m. and went to the "Royal George," where he met his brother at 3.30. They left there and took the "Tube" to the Bank, from there they went to the "Bay Tree." They went along Cheapside in the direction of the General Post Office, where I lost sight of them. I next saw E. W. Haynes outside the General Post Office, into which W. J. Haynes had gone on duty. E. W. Haynes went inside and took this postal order (Exhibit 1)
for 4s. from his pocket. He wrote "F. S. Andrews" upon it and received the money. I said, "Is that your postal order?" and he said "Yes." I said, "What is your name?" and he said "Andrews." I told him who I was, and took him to see Mr. Stratford.
To W.J. Haynes. I never saw your brother speak to other postmen.
WILLIAM EDWARD STRATFORD , clerk, Secretary's Office, General Post Office. There had been losses of letters passing through the Eastern Central District Office since last August, and I gave Davies instructions on November 28 to keep W.J. Haynes under observation. On December 20 he brought E.W. Haynes to me. I told him who I was and cautioned him. He said his name was "John Richards" and that he had no permanent address. I had in my possession the postal order (Exhibit 1) given me by Davies, and I asked him if he wished to say how that had come in his possession. He said, "I found it in Wood Street, City, between 10 and 11 in the morning. I filled it in and receipted it. It was not enclosed in a letter. It is the only postal order I have ever found." I asked him why he had signed in the name of "F. S. Andrews," and he admitted that his real name was Ernest Walter Haynes, and he had a brother who was a postman, William John Haynes. He had previously denied that he had a brother in the Post Office. He said, in answer to my inquiry, that he had no other postal orders in his possession, but on my asking him whether he minded being searched he produced this postal order for 2s. (Exhibit 2), saying, "I found it enclosed in the other postal order." It was quite blank. About an hour afterwards I saw W. J. Haynes, told him who I was, and cautioned him. E.W. Haynes was not present. I showed him Exhibits 1 and 2, and he said, "I know nothing at all about them. I know the man who cashed them in the name of 'Joe.' I only know him by sight. I deny that he is my brother. I had told him that he had been seen frequently in company with E. W. Haynes, who had said that he was his brother.
To W.J. Haynes. You made a statement which I took down in writing. (This statement was put in and read at the request of the prisoner.) I described to you the appearance of the man who changed the orders, and you said, "Yes, I know him by sight." When searched a letter and two postcards which you should have delivered were found on you.
To E.W. Haynes. It was about 9 p.m. and after your brother's house had been searched that you admitted your name was Ernest Walter Haynes and the brother of William John.
Police-constable RALPH CALDECOTT, 480 A. On December 20 I went to 18, Fleming Road, where W.J. Haynes lived. On January 31 I arrested both prisoners in a back room at 6, Cottage Grove, Walworth. I read the warrant to them. E.W. Haynes said, "I deny that."
William John Haynes' statement before the Magistrate: "I deny the charge of stealing or handing my brother any postal orders."
Ernest Walter Haynes' statement: "I deny having anything in the shape of letters or postal orders from my brother. The two postal orders in question I found in the street. Being out of employment I was tempted to cash one."
Cross-examined. The reason I said that I only knew the man who had cashed the postal orders by sight was that I did not want to get mixed up in any trouble that he had got into. I knew it was my brother Mr. Stratford was speaking of.
To the Court. I found them in Wood Street between 10.30 and 11 a.m.
Cross-examined. I was on my way to look for work that morning. I did not get any, so I returned to Walworth where I lived. In the afternoon I went to look for work again and passed through Cheapside. I did not cash this postal order on December 6 and the name, "E. W. Baker," on it is not in my handwriting.
Verdict (both), Guilty.
Sentences, William John Haynes, Nine months' hard labour; Ernest Walter Haynes, Eight months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 28.)
Convictions proved: February 10, 1902, bound over; February 20, 1902, 14 days; January 10, 1903, bound over; January 24, 1903, two months—all at West Ham for larceny; May 16, 1903, Thames, fined 40s. or one month for unlawful possession; North London Sessions, April 12, 1904, 15 months, housebreaking; and August 16, 1905, 21 months, stealing from a till.
Sentence, Four years' penal servitude.
Convictions proved: November 30, 1907, Old Street, one month for stealing; April 26, 1910, nine months for uttering gilded sixpences;
January 5, 1911, discharged at West Ham for uttering gilded sixpences.
Sentence, 15 months' hard labour.
Prisoner confessed to having been convicted at this Court on March 5, 1906, receiving four years' penal servitude, for possessing counterfeit coin; three other short sentences were proved.
Sentence, Three years' penal servitude.
JONES, William (47, labourer) , feloniously by force decoying two children respectively under the age of 14 years, to wit, Harry Patrick Pracey, aged 10 years, and Albert Pracey, aged nine years, with intent to deprive Henry Pracey, the father of the said children, of the possession of such children.
Mr. W. Clarke Hall and Mr. Roome prosecuted.
HENRY PRACEY , 36, Eden Grove, Holloway, builder's foreman. On February 3, 1911, at 5.40 p.m. my two sons, Harry Patrick, aged 10, and Albert, aged nine, had not returned from school. I went out to search for them, informed the police, and continued searching until 1.10 a.m., when I was informed they were at Bridewell Police Station, and found them there. I do not know the prisoner, and gave him no authority to take my children.
HARRY PATRICK PRACEY . On February 3 I left school with my brother Albert at 4.30 p.m. I met prisoner in Hornsey Road; he asked me where the Oxford coffee shop was, and I and my brother showed it him; he took us inside and gave us tea and cake. After staying there a little while prisoner took us both by the hand to a yard where he got some bottles, which he changed for money at a beershop. He then led us up Highbury Hill to Upper Street, where he again gave us tea and cake at a coffee shop. He said he had been a soldier and had been all over the world. I did not want to go with him, but he held our hands and I was frightened. He took us to the Embankment, where he spoke to a woman. A policeman then spoke to us.
Cross-examined. Prisoner left us a quarter of an hour alone in the Oxford coffee shop; we left there when it closed at 8 p.m. It was about 10 p.m. when we went to the second coffee shop.
Police-constable ANDREW HARM, City. On February 4 at 1.30 p.m. I saw prisoner on the Victoria Embankment, near Temple Avenue, with the two boys, who were wet and appeared frightened. I asked prisoner if the two children belonged to him. He said, "Yes, I am the father. We are stranded to-night." I asked if the woman who had just gone away was their mother. He said, "No, only a stranger." He asked me what time a coffee shop across Blackfriars Bridge would open, and said, "We have been turned out of our home to-day and I do not know where their mother has gone. I have brought them from Holloway. I brought them on to the Embankment to kill time. This is the first time they have stopped out all night,
and I will see that they get a lodging to-night." I called the children to me in front of prisoner and asked the younger boy where his mother was; he said, "At home with father." I said, "Then this man is not your father." He said, "No, he is only a stranger. We were playing in the street off the Holloway Road when this man came up, took hold of our hands, and led us away. We have been walking about since half-past four. I do not know here he is going to take us. We are tired." Then they commenced crying. I asked prisoner if he heard what they said, cautioned him, and said I should take him into custody for child stealing. Prisoner commenced shouting and said, "You dirty pig, I suppose this will mean promotion for you." I took prisoner and the boys to Bridewell Police Station, circulated the intelligence, and made the boys comfortable in front of the fire until the father came. It was a wet and very cold night.
Cross-examined. It started raining when I went out at 10 p.m.
(Wednesday, March 1.)
Detective JOSEPH HEED, Y Division. On February 4 at 3 a.m. I saw prisoner at Bridewell Police Station and told him I should take him to Caledonian Road. He said, "All right." I there handed him over to Inspector Westcott.
Inspector EUGENE WESTCOTT, Y Division, Caledonian Road Station. In answer to the charge prisoner said, "What a good cock and bull story. All right, make the most of it." He was sober.
Cross-examined. It started raining about 10 p.m., and was a cold and wet night.
Prisoner's statement before the Magistrate: "I saw the two children in Holloway Road on Friday about 4.30 p.m. I asked them the way to the Oxford coffee shop. They showed me the way. I paid for tea and cake. I left the boys in the coffee shop on two occasions during the evening. While in the coffee shop I dozed off to sleep. When I awoke I was at the table by myself. I got up and left the coffee-shop. When I came back the lads were sitting at the table. I paid for more tea and cake. My funds were nearly exhausted. I told the lads I would have to spend the night out on the Thames Embankment. They wished to go with me. I asked them if they would not get into trouble for being out late. They answered 'No,' and said they had often remained out late and sometimes stopped out all night. With that they came with me."
Cross-examined. The boys volunteered to show me the way. I did not take their hands. I went into three beershops to change the bottles. I was the worse for drink and did not know what I was about. It was a fine night. I did not hear what the officer said to
the children—he took them on one side. I should have taken them back to their parents the next morning.
ALBERT PRACEY (called by prisoner. Not sworn.) I am nine yean of age. Prisoner left me with my brother in the coffee shop alone on one or two occasions. He did not persuade us to go with him—he held our hands. I was tired and frightened. We were on the Embankment for about two hours. It was not raining.
Verdict, "The jury are unanimously of opinion that the prisoner was guilty of leading the children away, but not of permanently depriving the parents of their custody.
Mr. Roome pointed out that the word "permanently" did not appear in the indictment.
The Common Serjeant. You agree that he is not guilty?
The Jury. Not guilty of criminal intent.
The Common Serjeant. You think that he took the children away without the intention to deprive the parents of possession of them. You say he is not guilty?
The Jury. Yes.
BEFORE MR. JUSTICE DARLING.
(Wednesday, March 1.)
Mr. Stone Hurst, who appeared to prosecute, stated that the Grand Jury Lad ignored the bill, and, subject to the approval of the Court he proposed to offer no evidence on the inquisition. His Lordship assenting, a verdict of Not guilty was returned.
HOY, Thomas (27, porter) , feloniously shooting at William McLoughlin, with intent to murder him and to do him some grievous bodily harm;feloniously wounding Frederick Smith, with the like intent; assaulting Albert Sandford, a constable of the Metropolitan police, in the execution of his duty.
The first indictment was tried.
Mr. Graham-Campbell and Mr. Roome prosecuted; Mr. Edgar Swan defended.
Police-constable FRANK GEORGE WAYLETT, 12 K R, proved plans for use in the case.
JAMES BELL , 26", Hillplace Street, Poplar. On the evening of Wednesday, October 28, I was with my brother in the "Prince of Wales" public-house, Upper North Street, Poplar. I noticed a crowd of people outside the window. A man named Hibson and prisoner came in. Prisoner put his head and half his body in the door, with a revolver in his hand. He said to a man named Coats, "Are you Coatsy?" Coats made no reply. He asked the same question of Hibson, who replied, "No, that's not him."
Cross-examined. At the police-court it was suggested that it was a pipe he flourished. I have been in the Navy and know the difference between a revolver and a pipe; I am sure it was a revolver.
CHARLES GOSS , 28, Gaverton Street, Poplar, trimmer. I was in the "Prince of Wales" on the evening of October 26. About 7 or 8 o'clock prisoner came to the door with a revolver in his hand. He put the revolver in front of my face, and said, "Do you know anything about it?" I said, "I don't know you, old man." There were four or five other men at the back of him. He said when he came in, "Is Coats here?" Some one answered, "No." He went up to Coats and said, "Are you Coats?" Coats said "No."
Cross-examined. Prisoner did not come in the bar; he came to the door. There were other men with him; I only knew Hibson. Prisoner was not there when Hibson was speaking in the bar. When prisoner said to me, "Do you know anything about it?" I did not know what he meant. When I saw the revolver in front of my face I did not know what to say for quickness; the muzzle of the revolver was pointing at me. I did not see any more of the men afterwards.
EMILY WILLIAMSON , wife of William Williamson, 18, Hillplace Street. At 9 p.m., October 26, I was in my house and I heard something outside. I looked out of the window and I saw a gang of men. I recognised prisoner, his brother, and Chesney. Prisoner had a revolver in his hand. I asked them what they wanted. They said they wanted Williamson. I said, "He does not live here." Two of the men says "You are Williamson." I told them to get away out of it. Then they says, "Let go at her." I turned the gas out and I heard the report of firearms, and I blew a police whistle.
Cross-examined. First of all Chesney had a revolver, and he passed it to somebody else in the crowd. I saw two revolvers.
WILLIAM MCLOUGHLIN , labourer, 1, Latham Street, Poplar. Just after nine on October 26 I was in my kitchen with Joseph Smith. Hearing a police whistle blowing we went into the street and ran in the direction of Hillplace Street and saw a crowd there. Standing under a lamp-post I saw a man dressed in a dark suit, with a white muffler and a greenish cap. Because of the crowd I started to return home. After going two steps I was shot and fell; I crawled into my house. As I was lying in the passage behind the door I heard footsteps outside, and a voice saying, "We will kill all the coppers that comes our way." I was taken to the Poplar Hospital, and remained there till November 8. The bullet has not been extracted.
MRS. MCLOUGHLIH. I was in a room upstairs. Hearing a police whistle blowing I looked out of the window. I saw prisoner standing under a lamp-post with a revolver, which he fired in the direction of our house. He had on a light or green cap and a white muffler. I afterwards picked out prisoner from a number of men; I am certain he is the man.
Cross-examined. The window where I was is 30 yards from the lamp. I could not properly see prisoner's face, but I recognise him by the cap and muffler.
ALICE MCLOUGHLIN , daughter of the last witness, corroborated. HENRY COATES. Hearing the sound of firearms I went into the street and saw seven or eight men, including prisoner, his brother, and Hibson. They were singing, "We'll kill all the coppers that comes down our way."
NELSON W. HILL , house surgeon at Poplar Hospital, said that McLoughlin was admitted on the night of October 26; he had a bullet wound in the back, close to the spinal column, in the region of the base of the right lung. It was not advisable to operate to remove the bullet, and it now remained in the body.
FREDERICK SMITH . I was outside the "Prince of Wales" about seven o'clock on October 26. Hibson, prisoner, his brother, Rowley, and Chesney came along. Rowley struck me and I closed with him. Afterwards Chesney fired four shots at me.
Police-constable ALBERT SANDFORD, 447 K. On January 15 I saw prisoner in White Horse Street, Stepney. I said to him, "I am a police officer; I want to speak to you." He at once struck me in the face and set his dog on to me. I got assistance and arrested him. I told him I should take him to the station on a charge of attempted murder. He said, "All right." On being searched we found upon him a paper, which read as follows: "Smith assaulted three of us in Limehouse with iron. S—insulted my mother.... S—put a revolver in a woman's face because she would not tell of us. S—smashed my windows with a gang of men. S—has knocked his wife about awful."
Verdict, Guilty of wounding with intent to do grievous bodily harm Seven previous convictions were proved against prisoner, two of them being for malicious wounding and two for assaults. He was stated to be "a typical ruffian of the worst type to be found in the East End of London, and a prostitutes' bully as well as a thief."
Sentence, Seven years' penal servitude.
OGILVIE, Felix Franz Alfred (37, engineer), pleaded guilty to the following six indictments: (1) Obtaining by false pretences from George Tunstall Coleman £5 10s., with intent to defraud; (2) Stealing two rings and other articles, and £8, the goods and moneys of Maud Ethel Sara Jeeves; (3) Feloniously causing to be taken by Maud Ethel Sara Jeeves a stupefying and overpowering drug, with intent thereby to enable him to steal her goods and moneys; (4) Having been entrusted with £243 10s., unlawfully did fraudulently convert the same to his own use and benefit; (5) Feloniously marrying Maud Ethel Sara Jeeves, his former wife being then alive; (6) Feloniously marrying Ellen Maria Caspers, his former wife being then alive.
Sentence, on the first indictment, 18 months' hard labour; on the second, 18 months' hard labour; on the third, Ten years' penal servitude; on the fourth, 18 months' hard labour; on the fifth, 18 months' hard labour; on the sixth, Five years' penal servitude; to run concurrently.
BEFORE THE RECORDER.
(Wednesday, March 1.)
Mr. Forster Boulton prosecuted.
Police-constable CHARLES HYMAN, 483 E. At 1 a.m. on February 3 I was on duty in Upper St. Martin's Lane, when I saw prisoner standing by a pillar-box at the corner of St. Martin's Lane and Long Acre. I concealed myself in a doorway, and as far as I can say he did not see me. He placed his hand in the aperture, walked into the centre of the road, looked up and down, and there being no one in view returned to the box. He put his hand in his coat pocket and took out something which was attached to wire or string. A man passed him, and prisoner rolled it up and put it in his pocket. He walked very quickly through Garrick Street into Bedford Street, where he met another man. They walked together to Maiden Lane, where they parted. Prisoner walked through Exchange Court into the Strand. He put his hand inside the letter-box of No. 417 and moved it about. He then went to No. 413, and from there to No. 410, at both of which places he acted in the same way. I took him into custody and told him I should charge him with attempting to steal letters from these boxes, and he said, "All right; I have nothing on me." He then took out of his pocket this piece of string attached to a leather and a lead weight; the leather was sticky then, but it has since become dry.
Cross-examined by prisoner. I arrested you outside No. 410, which is about 20 yards from Exchange Court. You could not see me following you. I never asked to search you, nor did I ask you what you had picked up. No sticky stuff was found on the box in Upper St. Martin's Lane. The lead was stuck in the leather when you handed it to me.
Prisoner's statement before the Magistrate: "When I was on my way home from Upper St. Martin's Lane in the Strand I picked up this piece of leather and string. I was standing looking at it when the constable came up and caught hold of me, and asked me what I had got in my possession, where I was going, and where I lived. I gave him my name and address, and also what I picked up. He said, 'I want to search you.' I said, 'That is all I have got, except 1/2 d. in money.' He with the other constable took me to Bow Street Police Court. I handed this piece of leather and string to the inspector, and the inspector asked him to send to the postal authorities to make sure. I was then put into the divisional room with two constables to watch me. Then the constable who charged me then searched me in front of the inspector and found nothing on me with the exception of my tools and money. The postal authorities then came and had a look at me and the inspector charged me. The constable gave this piece of leather to the inspector when he entered the station."
GEORGE MCIVOR (prisoner, on oath). I was on my way home from a public-house in Shaftesbury Avenue, and stopped at this pillar-box in Upper-St., Martin's Lane, undecided which was my nearest way home. I saw the constable who followed me through Garrick Street, Bedford Street, and Exchange Court. As I got into the Strand I picked up this piece of leather and string, and as I was examining it he stopped me and asked me what I had got. I gave it to him and he arrested me. I ask him what he was arresting me for and he said he would not tell me. It is untrue that I left in the pillar-box or did anything to the letter-boxes in the Strand. When they were examined at my request nothing was found wrong with them. The lead was never attached to the leather, and it never could have been of any use.
Cross-examined. I am a tailor and live at 1 1/2, Cohen Street, Waterloo. I am out of employment. I always used this house in Shaftesbury Avenue as I met my acquaintances there. I never saw any other man on this night.
Four convictions and five summary convictions were proved against prisoner. He refused to give particulars of anybody for whom he had worked.
Sentence, Nine months' hard labour.
Prisoner confessed to a previous conviction of felony at the Lambeth Police Court on May 22, 1908. Six other convictions of felony were proved against him. It was stated that being released from his sentences he would go into the workhouse where he refused to work, thus necessitating his being sent to prison again.
Sentence, 18 months' hard labour.
McKER, William Charles (34, labourer), pleaded guilty of feloniously acknowledging in the name of William Webster a recognisance of bail as a surety for Jessie McKer in a bail book at City Road Police Station before a person lawfully authorised in that behalf; and McKER, Frederick (28, dealer), of feloniously aiding and abetting William Charles McKer to commit the said felony.
Prisoners (who had been in custody three weeks and received good characters) were released on their own recognisances in £10 each to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 1.)
HUNTER, Henry John (44, motor-driver) , having received the sum of £5 10s. 7 1/2 d., for and on account of the British Motor Cab Company, Limited, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. Muir, Mr. Doughty, and Mr. Ganzoni prosecuted.
ELIZABETH BRIND , 9, Besborough Place, Pimlico, widow. On November 29, 1910, I let prisoner two first-floor rooms at 8s. a week. On December 8 he borrowed £1 from me, which was repaid yesterday. On January 18 he left, and did not return until January 22, when I heard him come in and go out. I did not see him again until after his arrest.
Police-constable ALBERT STAINES, 180 E. On Sunday evening, January 29, I saw prisoner with cab No. 5,304 outside Romano's Restaurant. I asked prisoner to show his badge, which I found was No. 313, and was that of a man wanted for stealing a cab. I asked him if his name was Henry John Hunter. He said, "Yes." I asked him to stop his machinery, which he did, and got his fare from people who had got out. I told him he was wanted for stealing the cab, and must come to Bow Street. He said, "All right. I know what it 1s. I intended to take the cab back to-night." When charged he said, "I think they have made a mistake saying that I stole the cab. I shall fight it out to the end. I have not been out of the four-mile radius since I had it. I have often had one out for three or four days, and nothing has ever been said about it."
Sergeant GEORGE COLE, B Division. On January 29, at 8.45 p.m., I read the warrant to prisoner for stealing the cab. He said, "Yes, I have had it out before for two or three days. I will admit I have had it out rather a long time, but I do not see how they can call it stealing. I was going to take it back to-night." I found on him way-bill and 13s. 0(d. Ashwood, who was with me, filled in on the way-bill the readings from the taximeter. The cab is now in the same condition. We drove it two miles and found no alteration in the readings on the meter; it has also bean driven here without alteration on the meter.
Cross-examined. Ashwood made no demand on prisoner for the money the company were entitled to.
FRANCIS WILLIAM CHARLES ASHWOOD , assistant traffic manager, British Motor Cab Company, Limited. Prisoner has been employed by my company as driver since November 26, 1910. I produce prisoner's way-bins. On January 3 he had a cab out, and did not return till January 5, when prisoner paid £1 3s. 6d., amount due, and stated that
he had been ill, and that the cab had not been working. I passed him to work. I next saw prisoner at Bow Street on January 29, and filled up from the taximeter charges, showing that £7 7s. 6d. had been earned, of which £5 10s. 7(d. was due to the company. I then drove the cab to the garage and also for a five-mile run, and found that the meter did not register, having been tampered with, so that the slipwheel did not act.
WILLIAM WARBEY BEAUMONT , M.I.C.E., 222, Strand, consulting engineer, technical adviser to the Commissioner of Police. On February 27 I examined cab 5,304 and found that the bar of the star-wheel had been bent. (Witness explained the mechanism of the meter). The cab must evidently have been run for 1,000 miles.
Cross-examined. A collision could not have interfered with the star-wheel in any way.
HERBERT BAKER , taxi-cab driver, British Motor Cab Company. On January 16 I took out cab No. 5,304, bringing it back on January 17. The meter was in perfect order, and registered my mileage and money correctly.
ALLEN BANNISTER , secretary and general manager, British Motor Cab Company, Limited. Drivers are only permitted to keep a cab out for 24 hours; that rule is strictly enforced. It has been obeyed by prisoner except on one occasion, January 2 to 5, when notice was given to the police, and prisoner was arrested, but he subsequently explained and was re-engaged. I have no doubt that the star-wheel of this taxi-cab has been wilfully disconnected. If prisoner had been earning money at the same rate as before the meter should have shown £17 6s. 8d. for the period he had had the cab out without reporting.
Cross-examined. There is no other case I am aware of where a cab has been kept out without permission.
Verdict, Guilty. Sentence, Six months' imprisonment, second division.
LIGER, Leon (44, baker), and SOLLIER, Marguerite (23, cook) , both unlawfully conspiring and agreeing together and with one Lionel Marie to procure a certain woman, to wit, Rosie Lily Pike, to become a common prostitute without the King's Dominions, to leave the United Kingdom with intent that she might become an inmate of a brothel elsewhere, and to leave her usual place of abode in the United Kingdom, such place not being a brothel, with intent that she might for the purposes of prostitution, become an inmate of a brothel without the King's Dominions.
Mr. Travers Humphreys prosecuted; Mr. Purcell defended.
Liger pleaded guilty.
Mr. Travers Humphreys stated that after carefully considering the case he proposed to offer no evidence against Sollier, and a verdict of Not guilty was returned.
(Thursday, March 2.)
Sentence (Liger), Nine months' hard labour; recommended for expulsion under the Aliens Act.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 1.)
HANWELL, Sidney Frederick (36, window cleaner), and MAY, Albert (25, canvasser) , stealing one clock, one set of compasses and case, the goods of Henry Bevan Wedgewood Foulger, one clock, the goods of John Henry Miller, and one overcoat and one pair of gloves, the goods of Ernest Kingston; receiving the same well knowing them to have been stolen.
ERNEST KINGSTON , clerk to Foulger, Robinson, & Miller, Hare Court, Temple. On Saturday preceding August Bank Holiday last we closed the office at one o'clock; everything was safe. On Tuesday morning when the office was next opened the goods were missing. I identify the articles. The overcoat is mine. I identify the gloves by the wear on the fingers and knuckles.
ALFRED ERNEST HACOMBE , manager to Thompson Brothers, pawnbrokers, 89, Roman Road, Barnsbury. I saw prisoners on July 30 and August 6. May came first between 6 and 9 p.m. on July 30 and pledged an overcoat and some compasses in a case. Hanwell came the same evening and pledged two clocks. About six months afterwards I was asked to identify them at different times; I did so without difficulty.
HANWELL. I know the witness very well; I lived in Barnsbury a number of years. I pawned the clocks.
Cross-examined by May. I walked up and down three times before I identified you. I saw you twice when you came to pledge the things. (To the Judge.) He gave the name of Graves. I had never seen him before July 30.
Detective-sergeant JAMES DUNNING. At 11.30 a.m. on February 1 I arrested May on his discharge at Old Street Police Court and told him I was a police officer and should charge him with stealing between July 31 and August 2 the clocks, overcoat, gloves, and compasses mentioned in this indictment. He made no answer to that. He was then conveyed to the City and charged.
On searching him I found this pair of gloves in his pocket. I arrested Hanwell at 10.15 a.m. on February 9 on another charge, but he was subsequently discharged on that with the other prisoner. I told him he would be charged with being concerned with May in stealing the goods mentioned. He replied, "It is nothing to do with me. I can prove my innocence; at least, I hope so."
SIDNEY FREDERICK HANWELL (prisoner, on oath). As regards these clocks, on the day previous to August Bank Holiday last I ran into a man named Frank Ellis. I am very intimate with him; he lives in Penton Street, I do not know the number. He asked me to go home with him and said he had some stuff he wanted to pawn as he was hard pushed for money, and his people had gone away to Margate for a fortnight. He asked me to pawn the goods and said he would give me something for my trouble. He came with me and carried the clocks and waited at the top of the street till I pawned them. I pawned them for 10s. and he gave me 2s. 6d. He told me they were his people's.
Cross-examined. I have known Ellis 18 months or two years. I have written to the Chief of the Police at Scotland Yard and they have inquired but cannot find him. I know the Temple a bit, and have done a job there.
ALFRED ERNEST HACOMBE , recalled. Hanwell gave me his real name. He called to take them out on the following Saturday. He said he gave 6d. for the ticket. I went to the police list and told him I could not let him have them. I then communicated with the Metropolitan Police.
Detective-sergeant DUNNING, recalled. I think I went to the pawnbrokers about a fortnight after the robbery. Hanwell gave his correct name, but the address 39, James Street, was not right.
ALBERT MAY (prisoner, on oath). I bought the gloves secondhand about last January and a coat and vest. I bought the pawnticket in a public-house in August or September and got them out of pawn in September or October. They were pawned at a pawnbroker's opposite Mr. Saunders's, in Essex Road, for 2s. I have written about the pawnticket and have received a reply in the name of Pocock. They say they were going to use it for the prosecution.
Cross-examined. On July 30 I started to walk to Southend at 3 p.m. My mother and sisters were going by train and my brother by cycle. I saw them there next morning, and we did not come back till the following Wednesday.
Mrs. MAY (prisoner's mother). On July 30 I went to Southend and took the children by train. I saw my son Albert on the beach on Sunday morning. He was with us on and off till Tuesday about 4 p.m., when he started to walk back. He is a good boy, and if he had been in work he would not have mixed up with these people.
Verdict, May, Not guilty; Hanwell, Guilty of receiving.
Prisoners were further indicted for stealing one clock, the goods of Thomas Edward Foster, one bag, the goods of Thomas Henning Parr, one jacket, the goods of Walter Howard, and one waistcoat, the goods of Herbert Duffield May, and with receiving the same, well knowing them to have been stolen.
ALFRED ERNEST HACOMBE . On August 6 May brought the clock and Hanwell the kit bag, which he pledged for 5s. 6d. in the name of John Hanwell. Prisoners may have been in the shop together, but they did not come together.
Cross-examined by May. Another jury have just found I was mistaken in my identification. I did not see you between August 6 and February.
Detective-sergeant JAMES DUNNING. At 11.30 a.m. on February 1 I arrested May and charged him with stealing a kit-bag, clock, and other articles. I conveyed him to Bridewell Police Station, where I found him to be wearing a jacket and vest, since identified as the proceeds of this robbery. He said, "I took the jacket and vest out of a pawnshop in Essex Road, opposite Saunders's shop, about October last. I bought the ticket from a man I don't know for 9d. The jacket and vest was pledged for 2s." On February 9 I arrested Hanwell and charged him with being concerned with May in committing a robbery. He replied, "That is nothing to do with me." At the police station, in answer to the charge, he said, "I can prove my innocence; at least, I hope so."
H. G. F. Pococx, pawnbroker, 135, Essex Road. My shop is opposite Saunders's. (To May). I wrote to you that I had 13 tickets relating to jackets and vests pawned in August. We make no difference in marking the tickets if coats and vests should be of different colours. I cannot tell you the name of the person who pawned one on the 8th. If I had known it I should have written to the party. There were no pledges taken in during August with anybody but customers. I know every one of them, and have seen them again. The 13 customers have redeemed the goods. I do not think it is ridiculous to say they have been redeemed by the same people who put them in. (To the Judge). I have never seen either of the prisoners.
ALBERT MAY (prisoner, on oath). I bought this ticket and got them out at this shop. I can describe the ticket. With regard to the clock, if the pawnbroker is mistaken in one case I should think he could be mistaken in the other.
MRS. MAY (prisoner May's mother). You showed me a ticket you were buying for a coat and vest. (To the Judge). It was somewhere at the end of the summer. He offered me the old coat for his brother.
HANWELL repeated his previous evidence as to pawning on behalf of a man named Ellis.
Verdict, both Guilty of unlawful possession.
Sentence, Hanwell, Nine months' hard labour on each indictment, to run concurrently; May, Nine months' hard labour.
Verdict, Not guilty.
BEFORE MR. JUSTICE DARLING.
(Thursday, March 2.)
Mr. Bodkin, Mr. Leycester, and Mr. Roome prosecuted; Mr. Purcell defended.
The jury disagreed. The further trial was postponed to next sessions, prisoner being admitted to bail in two sureties of £50 each or one of £100.
Mr. Muir and Mr. Leycester prosecuted; Mr. David White defended Ward; Mr. Bryan defended Haines.
ALFRED STEPHENS , cabdriver. I have known Rappolt for some years. When I first knew him he was a cabdriver. I have known Ward for about a fortnight before I was assaulted. I have known Macnamara only for a few days; I never knew Haines at all; I saw him on February 19 in the "Horns" public-house; I did not know his name at all. In December last I was lodging at Rowton House. I met Rappolt and he asked me to go and lodge with him. Some time after Christmas I went to lodge with him at 9, Thomas's Avenue. I remember hearing about the man who was murdered on Clapham Common; I gave evidence against the man named Stinie Morrison before the magistrate and before the coroner. On January 15 I was in communication with Sergeant Cooper at the police station about giving evidence. On leaving there I met Rappolt at Kennington in the "Spread Eagle" and told him where I had been. There were several men in the public-house; I do not know their names; I know them by sight; they all go racing. Rappolt told me I ought not to have gone to the police; they were a lot of blackguards and liars, and they had done him a great amount of harm and I ought to be f—d for telling them, and it was only men like me that gave them any information; the other men there all told me I ought to be kicked for going to the police. A nam named Wolff there said he knew Morrison well and the police had got him banged to rights; he told me that before he went away last time he used to do his work for
him and a man named Frenchy was doing it this time for him. Rappolt said, "I know Frenchy; we was in Warwick Gaol together"; he told me afterwards that Frenchy was Max Frank and that he was a fence. On January 22 I saw Rappolt that night in the "Horns" public-house and he told me I ought not to identify the man, but ought to say he was not one of the men. On February 19 when I was at home Rappolt came in about six o'clock and told his wife he was not coming home all night; he did not speak to me. On the following day, just after midnight, I left the "Horns" and was walking home. When I turned round Avenue Road—there is a wall round the corner, and on the other side I saw Ward standing there—I heard someone say, "Here he is" or "Here he comes"; they all four rushed at me without anything being said. Macnamara struck me on the eye and knocked me down, and they all started kicking me; I struggled up the best way I could. I caught hold of one of their coats and dragged myself up and ran down Grosvenor Terrace; I could not call out; I was helpless. Haines ran after me and the others followed. While they were assaulting me they said, "We will give you something, going to the police"; Haines caught hold of my coat. I knocked him off and he fell down; they shouted at me, "Copper's nark," "Clapham Common perjurer," and all the names they could think of. During this time nothing was said to me about Rappolt's wife. I went to the police station and was attended to by the divisional surgeon. I stayed at the station all night and the next morning I went to St. Thomas's Hospital. Rappolt is the man that kicked me in the knee.
Cross-examined by Mr. Bryan. I have known Rappolt for about 12 years. When I was about to give evidence in the Clapham murder case I was living at Rowton House. I did not tell Rappolt that I objected to the police coming there to see me; I objected to the other lodgers knowing I was in the case; they were friends of Rappolt's. I went to live at Rappolt's house and I paid 15s. a week; that was about January 14. I am not suggesting that Rappolt had any interest in the Clapham murder; he was my friend and I told him all I knew about it; he did not know Morrison, but he knew men that knew Morrison. On Sunday, February 20, I got home to my dinner at half-past five. Rappolt's wife told me that they had a quarrel; she did not say he was not coming home that night. I did not say, "It does not matter, I shall be here." I did not put my arm round her neck and try to kiss her, nor did I say, "It does not matter about him, we can sleep together to-night; which side of the bed shall I sleep on." I went out and came back at 11 o'clock; I did not know if she was in bed. When I got to the top of the stairs she called out to me and said, "Lawrie is in; lock the door," and I locked the door. I did not ask her if her husband was in, nor did I try her room door. After I left prisoner Rappolt in the "Horns" that night I did not see him till I was assaulted. When I saw the men they were all standing under a lamp; nothing was said by any of them; they all rushed at me and got me on the ground. I did not hit Rappolt first; I did not fall down; I was knocked down by
Macnamara. Rappolt works for various racecourse thieves. The reason why Rappolt did not want me to give evidence was because there are men behind this man that if they lose a man for doing anything like this his wife and family is kept while he is in prison.
Cross-examined by Mr. White. Ward has not threatened me if I gave evidence. Ward was the first man I see; he was standing under a lamp. He said, "Here he comes." I am a very feeble man. I am not suffering from nervous shocks, and I do not think everybody is going to assault me. I have lived at Chapter Road, Walworth, and I left owing some rent. I know Mr. Fazant; he spoke to me at the South-Western Police Court and asked for the rent I owed. I did not call a detective and tell him I would have him arrested for intimidating me.
Cross-examined by Macnamara. I have never seen you in the "Spread Eagle"; I saw you about a month ago with Rappolt at Camberwell; I never knew your name. On Sunday before the assault I was with you from eight in the evening till ten; but I have never been out with you in my life. You struck me in the eye and knocked me down. You are no friend of mine; you are a friend of Rappolt's; I have only met you in a public-house.
Cross-examined by Haines. The first time I saw you was in the "Horns"on the Sunday night; you left before I did; you were with Rappolt when I was assaulted; you ran after me.
Re-examined. I went to the police-station after Haines was arrested and picked him out from a number of other men as the man who ran after me.
(Friday, March 3.)
ALFRED STEPHENS , further cross-examined by Mr. White. I was not expecting to be attacked for giving evidence in the Clapham murder case; I had been threatened with assault on the Friday before; during that time I had met prisoner Ward many times. On the night I was assaulted I stayed at the police station; I did not ask that a police officer might come home with me. After I had been assaulted I refused to go home; I did not refuse because I should have to go where Rappolt was; the police offered to send me back to Rowton House but I refused; I was not afraid to meet Rappolt; I had not done anything to his wife.
Re-examined. On February 3 I was threatened, before this assault, at the cab rank at Fenchurch Street Station; certain suggestions for me to make certain statements were made, and I refused to entertain the idea at all, and when the men found that I refused they threatened that I would never live to come to the Old Bailey to give evidence; that is why I went to the police. There were four men; I only knew them by sight; I went to the magistrate and I was granted four warrants; I have only seen one of those four men since; he is a racing man; I do not know his name.
Dr.LAVAL, Divisional Surgeon, L Division. I saw Stephens at Carter Street Police Station on February 21 at 1.30 a.m. He was suffering from a bruise and cut over the right eye, a bruise and abrasion under the right knee, and a bruise over the right hip joint; he complained of pain over all those parts, especially the hip; when he tried to sit down he was in pain. I attended to his wounds in a temporary way at the station and he was taken to the hospital.
Cross-examined by Mr. Bryan. The injuries were not very serious; the bruise and cut over the right eye might have been caused by one blow; I do not think he could have received the injuries to his knee and hip by falling on the kerb; they were so placed that that would be almost impossible.
Cross-examined by Mr. White. He did not complain of any kicks on the head or on the jaw; I only examined him once.
Re-examined. The injuries I saw on the knee looked more like violence from a blow than the result of a fall; I do not think he struck anything in falling.
Dr.LAWRENCE ROUTH. On the early morning of February 21 I was casualty officer at St. Thomas's Hospital. I saw Stephens there about 10 o'clock. He had a contusion and abrasion over the right eye and the forehead, a contusion on the right eye and an abrasion below the right knee; he complained of considerable pain over the lower ribs, especially on taking a deep breath; all those injuries could not have been caused by one blow.
Cross-examined by Mr. Bryan. I found no injury to the hip joint; he did not complain of pain there; from the position and shape I think it is unlikely that the injury to the knee could have been caused by falling on the kerb; they were not serious wounds.
Cross-examined by Mr. White. He did not complain of kicks on the head and jaw; they were such injuries as could have been caused by his being kicked and knocked down.
Detective-sergeant ALFRED DOWERS, L Division, proved the arrest of Rappolt and Ward. Rappolt, in reply to the charge, said, "He (Stephens) took a liberty with my wife on Sunday; he has given evidence in the murder case, and he has committed perjury in that, the bastard; he deserved more than he got. I know Mackie, but I don't know the fourth man."Ward said, "This is all right! I never touched him; he (Rappolt) done it, because he said something to his wife.... This is b—well all right; it looks b—bad, a man in for murder, and him as a witness in the case and getting a hiding; it looks rosy; it's easy to get into trouble, but a damned hard job to get out of it, especially one like this; we did not hurt him very much." Later Rappolt said, "Nobody touched him, only me. He hit me first and I struck him for trying to take a liberty with my wife."
Cross-examined by Mr. White. I am certain Ward said "we" (not "he")"did not hurt him very much."
Detective JOHN PAYNE, W Division, proved the arrest of Macnamara, whose statement was, "What, assaulting a cabman named Stephens—not so bad, is it? I did not interfere with him at all."
Detective-sergeant CHARLES COOPER, W Division, proved the arrest of Haines, who said in reply to the charge, "I know Stephens; he was pointed out to me in the 'Horns' last Sunday night; that was the first and last time I have seen him."
Cross-examined by Mr. White. During one of the hearings at the police court I was instructed to look after Stephens. He was standing outside the court when Fazant and a woman went up to him and they were apparently having a heated conversation. I heard Fazant say, "You're a damned fine man to give evidence in a murder case." I went up and cautioned Fazant and he walked away. There was something said about rent.
ANNIE RAPPOLT , a woman living with prisoner Rappolt as his wife, said that on February 19 Stephens put his arms round her and kissed her and at night tried to enter her bedroom. She told this the next day to Gosher.
Cross-examined. I have been convicted of felony. (A number of names of convicted thieves were put to witness as being associates of his; he denied knowledge of most of them.)
WILLIAM A. BENNETT , a newsvendor, said that he was in the "Horns" on the night of February 19 and there saw Stephens and Macnamara and Haines; Rappolt was not there. Witness heard no threats used to Stephens. At closing time Stephens and Macnamara left together; Haines had left about 10.30.
LAWRENCE RAPPOLT (prisoner, on oath). I do not know Morrison or anybody connected with the Clapham murder. On February 20 Gosher told me what Stephens had done to my wife. I went home that night; Macnamara and Ward walked with me, as they pass my door. As we were standing at the door Stephens came up the street; I left Macnamara and Ward and went up to Stephens and said, "What have you been trying to take liberties with my wife for?" He said, "I take liberties?" and hit me in the face, scratching me right down (while in prison I have had to apply ointment to the scratches). I hit him back and he stumbled down and caught the kerb. Only these two blows were struck; neither Macnamara nor Ward interfered at all. Haines was not there; I do not know him. I have never bullied Stephens about giving evidence in the murder case or called him a copper's nark.
Cross-examined." Frenchy" and I were in Warwick Gaol together; I did not tell Stephens that Frenchy was a fence. In 1897 I was convicted of an assault on the police and fined £3 or 21 days. In April, 1903, I got two months' hard labour for assault on a private
person; in November, 1906, two months' hard labour for assault on a private person and biting him through the finger; November, 1909, fined 20s. for kicking a man.
---- FAZANT, ex-certified bailiff, said that he received instructions to collect a debt of £2 for rent from Stephens, who left his lodgings without giving notice and disappeared. Reading in the papers that he was to give evidence in the murder case, witness went to the police court. As he was talking to Stephens outside the court Sergeant Cooper came up and said, "If you say anything to this man or interfere with him in any way I shall take you inside." Witness denied that he was talking to Stephens about the murder case; he did say to Stephens, "You are a nice one," referring simply to the fact that he had run away without paying his rent.
LEWIS JAMES WARD (prisoner, on oath) confirmed Rappolt's account. He denied that he ever struck Stephens; he did not Know Morrison and knew nothing about the Clapham murder case. He did not see Haines at all on the night in question.
Prisoner MACNAMARA (not on oath) also adopted Rappolt's account and declared that he never struck Stephens.
Prisoner HAINES (not on oath) said he left the "Horns" about 10 o'clock and was not present on the occasion of the assault.
Verdict: Rappolt, Guilty of assault occasioning grievous bodily harm; Ward and Macnamara, Guilty of assault occasioning actual bodily harm; Haines, Not guilty.
Numerous previous convictions were proved against Rappolt, who was stated to be an associate of thieves; similar bad record was proved against Macnamara; against Ward there was only one conviction, for living on the immoral earnings of a woman.
Sentences: Rappolt, 12 months' hard labour; Macnamara and Ward, each Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, March 2.)
DENNANT, Alfred (30, labourer) , burglary in the dwelling-house of Thomas Popham Sainsbury and stealing therein one goblet and other articles, his goods; attempted burglary in the dwelling-house of Thomas Popham Sainsbury, with intent to steal therein; maliciously by drawing the trigger of a certain loaded pistol did attempt to shoot Albert Helden and Henry Mortimer, with intent to resist his lawful apprehension; burglary in the dwelling-house of Thomas Popham Sainsbury, with intent to steal therein; feloniously by menaces demanding from Thomas Popham Sainsbury certain of his moneys, with intent to steal the same.
Mr. W. L. Ambrose prosecuted.
awakened by my daughter shouting out. I found prisoner in the passage coming from the bath-room. I told him he must go, and let him out at the front door. I then examined the house and again found prisoner in the spare room on the first floor. I asked what he wanted. He said, "Money." I went into my dressing-room, got 3s., which I gave him, again escorted him downstairs, and let him out. I promised not to ring up the police if he would go. On February 27 at 10.30 p.m. I was in the drawing-room reading when I heard the noise of a window being opened. I examined the house, found no one, and blew a police whistle. We then found on the table in the schoolroom a goblet, a prize cup, two silver photo frames, and other articles which had been removed from a stand in the room; a silver paper knife was missing—the value of the articles being £5. The prisoner had formerly done some work on the chimney of the house.
Detective-inspector ALBERT HELDEN, E Division. On January 28 at 12-45 a.m. I proceeded with Police-constable Mortimer to Elgin House. I found the schoolroom window had been forced; there were marks on the ledges of someone climbing about, and on further examination I found prisoner spread-eagled on the ledge of the drawing-room window. He then held towards us pistol (produced), and said, "Stand back or I will shoot you." I instructed Mortimer to go to the stairs of the verandah and turned a bull's eye on the prisoner. He said, "Take that light away—I will shoot you, "at the same time clicking the pistol. Getting on to the verandah I seized prisoner by the ear, Mortimer wrenched the pistol away. With assistance he was taken to Hounslow Police Station and searched. We found on him two pieces of candle, two boxes matches, string, and a handkerchief. I told him he answered the description of a man who had broken in at Elgin House on January 25. He said, "Yes, I got three bob out of the old man." He was then charged with this and other burglaries. He said, "Yes, I understand—quite right." I have examined the pistol, which is an old-fashioned one taken from the house; it contained a bullet and a charge of powder, which ignited; there was no cap on the nipple.
Police-constable HENRY MORTIMER, 622 T, corroborated.
Detective-sergeant WILLIAM HAILSTONE, T Division. On January 25 at 11.30 a.m. I examined Elgin House. I found an entry had been effected through the spare-room window by climbing on to the conservatory roof. On the morning of January 28 I found entry had been made in the same way. I afterwards saw prisoner at the station and said to Helden, "Mr. Sainsbury tells me he has lost a silver paper knife, but I cannot find it." Prisoner said, "That is right. I dropped it on the grass near the house." It was afterwards found.
Prisoner (not on oath) in a long speech explained how he got in and climbed round various windows of the house until he was arrested, as stated.
Prisoner confessed to having been convicted at Guildhall, Westminster, on June 4, 1910, receiving nine months' hard labour for burglary after previous convictions: Middlesex Sessions, January 9, 1909, 18 months for burglary; Portsmouth, October 1, 1908, wilful damage, fined £5 or one month.
Sentence, Six years' penal servitude.
Mr. Huntly Jenkins prosecuted; Mr. R. Reiss defended.
FREDERICK MUIR , clerk to John James Smith and Company, 290, Cable Street, sackmakers. Prisoner was employed to solicit orders and collect money from customers until July, 1910, when his authority to receive money was withdrawn and his official receipt book taken from him. On February 3 Fox and Company owed £10; there was a dispute and prisoner was instructed to see them and arrange it. On February 16 I saw Fox and Company, they showed me cheque (produced) for £9 made payable to my firm endorsed by prisoner, also receipt signed by prisoner. Prisoner had no authority to endorse the cheque or to receive the money. Prisoner did not come to the office as usual on the Saturdays February 4, 11, and 18 to receive his commission. I next saw him when arrested.
Cross-examined. Prisoner formerly used to receive cheques and money for the firm, deduct his commission, and inform the firm of the amount received. In July, 1910, he owed £40 money not paid over. Mr. Smith then accepted a promissory note from prisoner to pay up that amount at £1 a month, withdrawing his authority to receive money. His commission varied from 10 per cent. to 2 1/2 per cent. on various orders and was fixed by the firm; his earnings were £4 to £5 a week. In the endorsement of the cheque there is no attempt to imitate the firm's signature. Since July last other firms have insisted on paying prisoner moneys which he has handed over.
Re-examined. If prisoner came on Saturday his account was always settled up. Promissory note is: "I promise to pay Smith and Company £40 at the rate of £1 per month, commencing September 1, 1910, the above being balances of moneys collected and not accounted for."
Cross-examined. Prisoner did not endorse it in my presence. He asked me if he should put his name also upon it. I said it was not necessary. I have known prisoner seven or eight years as a highly respectable man. (To the jury.) I have changed cheques made out to prisoner by his firm.
Detective WILLIAM CRIDLAND, H Division. On February 20 I arrested prisoner in Harrow Road on a warrant charging him with forging a cheque. He said, "That is so, I did it."
THOMAS NICOLL (prisoner, on oath). I was employed by prosecutors to canvass for orders. My commission was not fixed, it was 10, 7 1/2, 5, 2 1/2, and 1 1/2 per cent., as settled by the firm, and I did not know what it was until my account was made up once a month. I frequently received a cheque for £10 or £15 on account because the account was not made up. When I received money I told the firm and it was debited against my commission. In July, 1910, it was found that I had received £40 more than the firm said I was entitled to. I thought the commission allowed was too small, but I wished to keep on with the firm, accepted the account, and agreed to repay the £40 at the rate of £1 a month. I repeatedly received money, notified the firm, and it was put against my commission. They said I ought to have paid the money over. I always paid the official receipt. Up to August I received a salary; after that I was to have commission only, but on a larger scale; it amounted to £3 to £5 a week. I was not paid regularly. I never asked customers after August for money, but several did hand money to me, which I accounted for. On February 3 I went to Fox and Company and agreed to take £9. The clerk offered me a cheque. I said I could not give a receipt as I had not a receipt book. The clerk said it did not matter, handed me a stamp and asked me to receipt the invoice, which I did. The next day, not having received my commission, I was short of money, having lent a sum to a Mrs. Wicks, which I was expecting daily; I endorsed the cheque and cashed it with Badcock. I fully intended to pay the money over almost immediately.
Cross-examined. There has been friction with the prosecutors with regard to my not paying money over. On February 9, 1909, I wrote, "I feel my position acutely and have up to now been unable to mention it to my wife." I am not married—I referred to a lady living with me. Prosecutors did not threaten to prosecute me for embezzlement. There have been several squabbles with regard to the collection of accounts. On August 17 I did not beg for mercy. I wrote, "If you will allow me to sell on 10 per cent. commission terms, payable weekly, I will give you my faithful promise that I will act henceforth in a thoroughly straighforward manner and redeem my character with you"—that referred to my being away from the office for two or three weeks.
FREDERICK JOY , clerk to John James Fox. On February 3 I saw prisoner. The account had been open for some time, and on his settling it at £9 I offered him a cheque. He said he could not give the official receipt. I handed him a stamp and asked him to receipt the invoice.
Verdict, Guilty; with a recommendation to mercy.
Sentence, Nine months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 2.)
Prisoners were released on their own recognisances in £5 each to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Friday, March 3.)
Mr. Beaumont Morice prosecuted; Mr. S. Joyce Thomas defended (at the request of the Court).
MART HOGAN , wife of William Hogan, 46, Ethelm Street, Lambeth, greengrocer. On November 15, 1910, the two prisoners hired my back parlour at 4s. 6d. a week and lived there as Mr. and Mrs. Everett up to the arrest. On February 1 they went out between 5 and 6 p.m. Moss returned at 1 a.m. and was arrested on Friday, February 3.
Cross-examined. They had a baby about four months old. The stove had been repaired; one side of it is patched with plaster of paris in a rough manner.
EDWARD STONE MORRIS , Rushey Green, Catford, pharmacist. On February 1 at 9 p.m. Moss bought a penny packet of boracic powders, tendered a florin and received a shilling, sixpence, and five pennies change. I rang the coin and put it in bag (produced). The next day Sergeant Bunn came when I was in the act of counting the money. He picked out 2s. piece (produced) and said, "That looks a wrong 'un," and bent it. It was very dirty, and I am certain it is the one I took from Moss.
Cross-examined. There were three or four other 2s. pieces in my bag. I accepted the coin from Moss as good. I am certain that is the one she gave me.
WILLIAM WEST , barman, "Plough and Harrow" beerhouse, Rushey Green, Catford. On February 1 at 10.30 p.m. the two prisoners came into my bar. Everett called for a glass of ale and a glass of ginger beer, paid a good shilling and received a sixpence and four pennies change. He then asked me to give him half-a-crown for a shilling and three sixpences, which I did. Moss then mixed the ginger beer and ale together. Everett said he did not like that, he was not going to drink it, he would have a bottle of ale, 3d., and told Moss to pay for it. She opened her purse, took out a 2s. piece, said she had no change, she did not want to change the 2s. piece, and asked Everett to pay for it." Everett said, "You will have to change it. I have no coppers." She then put the 2s. piece on the counter. I did not like the look of it, tested it with aqua fortis, and found it was bad. I said, "I cannot take this, it is bad." She said, "We must have got it at the "Black Horse"—that is a public-house further up the road. I returned her the coin, and she stood rubbing it and asked me about the test. I showed her how the acid marked the coin. She said, "It rang all right," and I agreed. I said, "I should take it back to the 'Black Horse.'" Everett paid for the ale with three pennies. They then left and went in the opposite direction to the "Black Horse." On February 9 I identified the two prisoners at the police station.
Cross-examined. I cannot swear to the coin. I knew Everett had the coppers which I had just given him; it was not my business to do so. Moss took the florin out of her purse—it was an ordinary woman's purse. I did not consider that Everett was under the influence of drink.
NINA FOX , assistant to John Edward Croxford, Rushey Green, confectioner. On February 1 at about 10.45 p.m. Everett asked for a pennyworth of sweets and tendered florin (produced); I rang it on the counter and took it to Croxford, who was in the back parlour. He came into the shop and said to Everett, "This is a bad 2s. piece, have you any more?" and asked for his name and address, I did not hear prisoner reply. Croxford said he would get a policeman and went to the door, when prisoner pushed him. Croxford blew his whistle twice, the prisoner then hit him in the face.
Cross-examined. I think this is the coin. I thought it was bad because it looked so dark and did not ring quite true. Everett could have run away while I was fetching Croxford. I did not notice Everett's condition. Croxford may have been a little excited. I did not hear him say anything. Croxford asked me to get his whistle, which I did. At the door Everett asked for the coin back. After the whistle was twice blown Everett struck Croxford; he fell and Everett ran away.
he hustled me. I got outside and blew my whistle, which Fox had brought me, twice. Everett then struck me a blow in the jaw, knocked me down, and ran away. I got up and followed, did not lose sight of him; he tried to board a tram-car, and I called to the conductor, "Do not let that man get on the car." He then ran across the road, and was turning the corner when Sergeant Johnson came up on a bicycle. Some one in the crowd said, "That is the man you want, constable," and Everett was Arrested. Johnson asked me if I was going to give him into custody, and I said, "Yes, for assaulting me and uttering counterfeit coin." Moss was in the crowd; she said to me, "You are not going to charge the poor man?" I said, "Yes, certainly, after he has knocked me down I shall." He was then taken to the station.
Cross-examined. Everett did not look as if he had been drinking. I did not say to him, "Have you got any more of these bad coins?"—I do not remember saying it. He asked for his coin back, but I refused to give it him. I did not get the full force of the blow; if I had I should probably not be here to-day. It was a blow with the fist.
Sergeant CHARLES JOHNSON, 60 P. On February 1 at 10.55 p.m. I was in High Street, Lewisham, when I saw Everett walking very fast, followed by a crowd. A tram driver caught him and said, "This is the man you want." Croxford gave him into custody for uttering a counterfeit 2s. piece and assaulting him by knocking him down with his fist. Everett made no reply. I took him to the Lewisham Police Station. On the way Everett said, "You are not going to take me to the station," and commenced to struggle; we both fell to the ground, got up, he commenced to struggle again; there was a tram coming towards us—he said, "I will throw you under the tram." I blew a whistle and Police-constable Jarrard arrived. We got him to the station struggling all the way. He twice tried to throw me under the tram. He was charged and made no reply. He was sober. On the way to the station Moss said, "Why do not you let the poor man go—what are you going to charge the man with?" At the station I searched Everett, and said to Moss, "I believe you are the woman that offered to call a policeman?" She said "Yes." I asked her to come into the station and asked her whether she had ever seen the male prisoner before. She said "No." I asked her for her name and address, she gave it as "Clara Moss, 3, Emerson Street, Canning Town," and left. Everett gave the address, "Ernest Everett, 91, Garvary Road, Custom House." Coin (produced) was handed to me by Croxford. On February 3 I saw Moss at 46, Ethelm Street, Lambeth. On February 9 the two prisoners were charged with uttering counterfeit coin to West and Morris; they made no reply.
Cross-examined. I took prisoner 150 yards from Croxford's shop—he was turning into Mount Pleasant Road. He was not running; he did not appear to have been running; he was not too exhausted to run. He was quite sober; he may have had a glass or two; he did not appear the worse for drink.
Police-constable JOHN JARRARD, 479 P. At the station Moss was asked, "Do you know this man?" She said, "No, I have not seen him before."
Sergeant LLOMB BUNN. On February 3 at 9.45 a.m. I, with other officers, saw Moss at 46, Ethelm Street. I told her we were police officers and that I had reason to suspect her of uttering a counterfeit florin to a chemist at Rushey Green, Lewisham, on the night of February 1, and that I should arrest her; she said, "What—what me?" I said, "Yes, you." She said, "Oh, dear, what shall I do. He has brought me to this, he has ruined me." I searched the room and found packet of plaster of paris, packet of silver sand, a file, paper containing scrap metal, a saucepan or melting pot, a packet of cyanide of potassium, a piece of metal, packet of sulphur, packet of boracic powder, Epsom salts, bottle of castor oil, tin containing crystals. I told her I believed she was the woman who had purchased the packet of boracic powder that I had found on Everett and that I was going to put her up for identification. She said, "Do not do that, there is no need for it. I bought the packet with the 2s. he gave me. I admit it all. I am old enough and ought to have known better." When charged she said "Yes." On February 2 I went to Morris, he produced a number of coins from a bag amongst which I noticed florin (produced) which was dark. There were three other good florins in the bag.
Cross-examined. The bad florin is now bright—I took it to the Mint. I noticed nothing unusual about the good florins—they may have been dark or worn. I had not tried the melting pot on the fire—it could be used for boiling water or milk. I has no holes in it; it is made out of a beer can. The other articles were found on various shelves in a cupboard; they do not appear to have been in recent use except the plaster of paris; the silver sand was in a new bag.
SYDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The two florins (produced) are counterfeit; they are of different dates. I have examined the articles (produced); they are used in the manufacture of counterfeit coins, cyanide of potassium is used as a bath for silver plating.
Cross-examined. The piece of lead is certainly not a mould. I suggest that certain of the other articles are part of a plant for making spurious coin. I do not suggest that the two coins produced were made with these materials. The scrap metal is silver. I have not tested the saucepan; in my opinion it could be used to melt metal.
(Saturday, March 4.)
ERNEST EVERETT (prisoner, on oath). I was formerly a hatter, but for the last two years have been in the service of a bookmaker during the season. I frequently pay out money to the extent of £20 in silver.
On February 1 I had three publicans to call on on business and I called on several others for pleasure. At the time I thought I was sober, but next morning I came to the conclusion that I must have been drunk—I did not know what police station I was in. Moss has been living with me as my wife for the last six years; we have three children, the eldest being four years old. I have been living with her at 46, Ethelm Street since November 15, 1910. 91, Garvary Road is a place where letters on betting matters are addressed to me—I am frequently away in the country for weeks; it is my business address—you might call it an office. A woman whom I lived with some years ago and by whom I have a family lives there. On February 1 I left home with Moss between 5 and 6 p.m. I had a bad foot, for which I was using boracic powder, and as it was very painful we went in and bought a penny packet. The day before I had given Moss two florins, one of which she had changed, and a 2s. piece and the coppers were on the mantelpiece. I noticed the 2s. piece was a very old and worn coin. I told her to put it in her pocket. I then called at a barber's shop to see some customers—I had a drink there; we then had further drinks at other public-houses; I had had three bottles of beer at home; we went into the "Rockingham" at Newington Causeway and two other houses, at all of which I had drinks; I paid away during the evening various sums of money, amounting in all to £8 17s., in settlement of betting debts. At the "Marquis of Granby" in New Cross Road we got on the tram and drove to the Obelisk. I gave the conductor a half-crown, and he gave me the 2s. piece, which was afterwards found to be bad. We then went into the "Black Horse" and had three or four drinks: we stayed there a considerable time because Moss's brother had been billiard marker there and she was talking to the barman. We then went to the "Plough and Harrow"; I called for a glass of ale and a glass of ginger-beer, paying for it with a shilling as stated. I had some small silver and, wanting to give Moss 4s. 6d. in large silver to pay her rent with, I changed 1s. and three sixpences with the barman for half-a-crown. Moss mixed the ale and gingerbeer; I did not like to drink it and said I would have a bottle of ale, which was 3d. Moss usually pays 2(d. for the bottle and offered that sum, but, finding it was 3d., she asked me to pay. I handed her by mistake the bad 2s. piece I had taken on the tram; the barman did not like it and she said, "Look at this, Ern." The barman said, "I do not like the look of that, old man," and put it on the counter. I then paid 3d. for the ale. As we had just come from the "Black Horse" Moss suggested that I might have taken the 2s. piece there, but I recollected that I had not changed any money and I was positive it was the 2s. piece I had taken on the car. We then came out. As we were going along Moss reminded me that she wanted to give some sweets to the landlady's little boy. I went to Croxford's and asked for a pennyworth, taking out the first coin I found, which I thought was half-a-crown. Miss Fox took it to Croxford, who came forward very excited, started abusing me, and accused me of having a pocketful of bad money. I was intoxicated; he was very insulting and we
were pushing one another about in the shop. I was there about 20 minutes or half an hour. He demanded my name and address, which I refused to give him, but said I would give it to a policeman. We got outside when Moss asked if she should get a policeman. I said "Yes." As no policeman came, Croxford blew his whistle; then he caught hold of my elbow and, addressing a crowd which had collected, said, "Here is the man who is passing all this bad money in the neighbourhood on respectable shopkeepers." After waiting some five minutes he blew his whistle again. He kept asking me if I had any more bad money on me. I was intoxicated and I am sorry to say I struck him—it was hardly a blow and he said next day at the police court that he felt very little of it. I walked away—I did not run; when I got to the corner of the street a policeman came up on a bicycle. Croxford said, "I will give this man in charge for assaulting me and tendering a bad 2s. piece." The sergeant caught hold of me and tore my collar off my neck to start with; I pushed him and he pushed me; we both fell to the ground. Another constable came up, handled me very roughly, and they took me to the station. I remained in the charge room for half an hour. Moss voluntarily came with me and brushed my coat and took my collar off and gave me the scarf which I am now wearing. I was searched, the boracic powder and two bags from a pastry-cook's where we had bought cakes and cough drops were taken from me, and a policeman went off apparently to inquire at these places whether they had received bad coin. The next morning at 7 a.m. the officer came to the cell and informed me that I was at Lewisham Police Station and not at Peckham, as I supposed. I asked him for the tram tickets that had been taken from me as I wanted to send them to the tram company with the bad 2s. piece. They searched for the tram tickets, but they were not found. I was charged at the police court and remanded for a week to February 9, when I was brought from Brixton Prison to Kennington Lane, saw Moss, who had been brought from Holloway, and we were both taken to Greenwich; I then found that the detective who had arrested her charged her with passing a bad 2s. piece at a chemist's shop and also possessing the mould that the 2s. piece was made in. The Magistrate on account of this charge of possessing a mould refused to give bail and she was remanded. The following week the officer admitted that the piece of lead found was not a mould and the Magistrate granted bail. I said to Sergeant Bunn, "I think I am entitled to bring a charge of perjury against you for making such a description of an article that is nothing approaching a mould." He said, "If you do anything of that description I shall make it very hot for you." The Magistrate, Mr. Gill, said it was not a charge of felony and was willing to allow us both bail, when Bunn said he particularly objected to my. having bail, and it was not granted. With regard to the articles found, the plaster of paris is of a very rough description and is not what is used by moulders or coiners. I had it for patching up the holes in the stove and flooring at Ethelm Street. The silver sand was used by Moss for cleaning saucepans, knives, or the flooring.
Cyanide of potassium produced was brought to me to cure eczema, which I, the baby, and Moss had. It was recommended to me by a barber and I found it an excellent cure for it. The little saucepan is made out of a publican's can by me and was used simply to warm milk for the baby; it had holes in it and I used a little solder to stop them. If it was put on a fire to melt metal it would immediately fall to pieces. With regard to the silver scrap, about seven years ago I had a house in the New Kent Road at a rental of £60 a year, where I had a hydraulic engineer lodging with me. I asked him for some brads to put a window in and he gave me a small box containing various brads and screws and scraps of metal, including this silver, which was an old watch case and has been broken up—I did not know it was silver. Moss had apparently used the box to light the fire with and had emptied these odds and ends into the cupboard, where the detective had picked them out. There was also some pieces of glass taken, which have not been produced and which were used for making fretwork photo frames; the file was used for bevelling the edges of the wood. The so-called mould, which is really a piece of a sash weight, was in the room when I went there and was used for breaking coal. There was also in the cupboard Epsom salts, castor oil, and other articles. None of these articles has any connection whatever with coining. With regard to the 2s. piece presented by me at the "Black Horse" and at Croxford's, I particularly wished to keep it to send back to the tram company, but being intoxicated I took it out by accident, it being the first coin I caught hold of. I have never been charged with passing bad coin before.
Cross-examined. Before going to 46, Ethelm Street, I was living at 37, Woodin Street, Stratford. 91, Garvary Road is occupied by a Mrs. Freeman, who is living there with five children she has had by me. She has two rooms at a rent of 3s. a week; she may have let one of them and now only occupy one with the five children. I receive letters there, and so consider it may be described as an office in the true sense of the word. I have been employed for about five years by a bookmaker named Sidney Young. I do not know his private address—I see him at the "Rockingham" public-house. I did not give Moss the 2s. piece to buy the boracic powder—she bougar it with money she had, and I do not know what coin she paid. At the "Plough and Harrow" I believe I did say to Moss that I had no coppers—not to West. West is mistaken in his evidence. I did not hear him suggest that we should take it back to the "Black Horse." It is the biggest lie that Johnson and Croxford ever told in their lives to say I was quite sober. When I had knocked Croxford down I knew it was a case of being charged with assault, and therefore tried to get away. It is possible that I threatened to throw the constable under the tram.
(Monday, March 6.)
During the prisoner Everett's examination Mr. Joyce Thomas stated that as prisoner declined to follow his advice he would with-draw
from his defence, but would continue to represent Moss. Everett said he would prefer to conduct his own case.
ERNEST EVERETT (prisoner, on oath). Further cross-examined. One of the policemen nearly broke my arm. I did not hear Moss say, "What are you going to charge the poor man with?" I was stopped by a tram-conductor after trying to get on the tram. I did not want to give the police the address at Ethelm Street because I frequently run in there with betting slips, and I did not want them to know that I was living there. I receive correspondence at 91, Garvary Road, and also at a newspaper shop, No. 1, Borough Road. I had no objecttion to the police seeing my correspondence. I have been told by a friend that the plaster of paris found at Ethelm Street is not the kind used by coiners, also that it is a different kind of cyanide of potassium that is used.
CLARA MOSS (prisoner, on oath). I am 22 years of age; I have been living with prisoner for six years, and have three children by him, the youngest being four months old. I had never seen a bad coin in my life before this occasion. The coin produced by Morris is not the one I handed him, which was a dirty and very old and worn one, whereas the one produced is much newer. I had not the slightest idea that it was a bad coin. At the "Plough and Harrow" prisoner handed me the 2s. piece; I did not take it from my purse—West is mistaken. West threw the coin on the counter; I took it up and asked him about the acid as he said. After leaving I told Everett I wanted to buy our landlady's little boy some sweets. He said, "Shall I go and get some?" I said, "Just as you like," and I waited outside while he went into Croxford's shop. I saw there was a row, went over the road, and said, "What are you doing; what are you having a row about?" They would not tell me and Everett then pushed or struck Croxford. I do not think he fell down. I knew Everett would get locked up for striking the man. I followed to the station and after he was charged the officer came out and said, "Where is the young woman who saw the blow struck?" I said "I did," and went inside. I gave my correct name and the address of 3, Emerson Street, where I had lived and where my landlady knew me as respectable. I did not want her to know I was not a married woman. I got home at 1 a.m. and remained all that day with the baby. I sent for my mother to come to me. I had plenty of time to get rid of anything that was suspicious, but I had not the slightest idea there was anything wrong. On Febbruary 3 the officers came. Bunn said he was going to arrest me for "uttering"; he said nothing about the chemist. I said, "Oh, dear, what shall I do." I never said, "He has brought me to this; he has ruined me." I said, "I am old enough and ought to have known better" because the officer told me I was not married; it had no reference to passing bad coin.
Examined by Everett. Everett was not sober. I endeavoured to persuade him not to take any more drink, and prevented it at one or two public houses. I bought the boracic powder with the money that I had. I afterwards bought some cakes at a pastry-cook's and a pennyworth of cough-drops. My brother was at the "Black Horse" for ten
years as head billiard-marker. We had a long conversation with the barman and had three drinks there. At Croxford's I said, "Shall I get a policeman?" I do not know what Everett replied. When I was before the magistrate the police officer said the sash-weight (produced) was a mould. The plaster of paris was used to mend the stove and the flooring. I have always kept silver sand for cleaning. The cyanide of potassium was got for a skin disease which Everett, myself and my baby had. A barber advised Everett to get it, and it did good. Everett has made several milk saucepans for me out of beer-cans. I have never been accused of passing bad coins or heard of Everett doing so before.
Cross-examined. When I bought the boracic powder I had only a penny in coppers. I paid with a 2s. piece and received 1s., a sixpence, and five pennies change, which I immediately gave to Everett. I then asked him for some coppers, and bought some fried fish before going to the "Black Horse." Everett ultimately paid a shilling for the bottle of ale; he did not pay for it with three pennies.
FRANK CROUCHER , 38, Collingwood Street, Blackfriars Road, hairdresser. I have been at that address six or seven years and other premises in the neighbourhood for the last 25 years. I have known Everett as a customer for 10 or 12 years; he served his time with my uncle as a hatter and has since been doing business for a bookmaker. He meets people at my shop, but I do not allow any betting transactions there. On February 1, at 6 p.m., he came in and wanted to be shaved. I refused to shave him because he was under the influence of drink. Some time before he came in to be shaved and I found he was suffering from a contagious disease—running eczema. I said I could not shave him but could tell him how to cure it, and recommended him to get cyanide of potassium, and either dip it in hot water or mix the powder with vaseline. I am acquainted with people in the neighbourhood and have never heard of Everett passing a bad coin.
Cross-examined. On February 1 Everett had a drink at my shop.
The prisoner Everett addressed the jury at great length from the dock, repeating his evidence, and making various imputations on the police and the prosecution.
Verdict, Everett, Guilty; Moss, Guilty, with a strong recommendation to mercy.
Convictions proved against Everett: November 13, 1896, Grays Petty Sessions, seven days for stealing sheets; seven minor convictions for larceny, loitering, etc. It was stated that Everett was also wanted on a charge of house-breaking at West Ham, and that the Home Office requested the Court to take that into consideration in sentencing him. As Everett denied being guilty to the charge the Common Serjeant said he would not deal with it.
Moss, on May 22, 1909, was bound over on her own recognisances at Woolwich for stealing money from an automatic gas meter.
Sentence, Everett, 15 months' hard labour; Moss, One month hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, March 4.)
PACK, Francis Charles (29, agent) , obtaining by false pretences from Harold William Bacon Ryan £50, from Harold Reeve £150, from Charles Valentine Chase two banker's cheques for £100 each, from John Black Richardson a banker's cheque for £100, from John Coxley Waltham £200, from Lester Percy Ferris Scott banker's cheques for £20 and £180, and from Robert Ronald Fletcher a banker's cheque for £50, in each case with intent to defraud.
Mr. Graham-Campbell and Mr. Harold Murphy prosecuted; Mr. Cavanagh defended.
ARTHUR PALMER PECKOVER , clerk in the office of the Registrar of Public Companies. I produce the file of the Rampart Unemployment and General Insurance Company, Limited. The nominal capital is £10,000, £9,000 deferred ordinary and £1,000 founders' shares. One of the objects of the company is to carry out insurance against unemployment. There is an agreement to allot to Mr. Arnett 250 £1 shares in consideration of services rendered. A debenture for £100 was issued on September 12 in favour of Ernest Spiers, 72, Fleet Street. On September 26 I find a memorandum of satisfaction of that debenture. On the same day another debenture was issued in favour of Mr. Waltham, 39, Tankerville Road, Streatham, for £200. So far as appears on the file that has not been satisfied. The first directors were Leslie Arnett and Gilbert. By November, 1910, 2,102 preferred ordinary shares and 500 founders' shares had been allotted.
ARTHUR HOBBS . I am in the employ of the Superintendent of the Birkbeck Chambers, Holborn. I know prisoner a William George Leslie. In April, 1910, he was negotiating for some offices in Birkbeck Chambers. He could not give the usual references. He took offices at the rate of £104 per annum. He paid a deposit of two months' rent, which is customary where references are not forthcoming. He paid rent up to November regularly.
H. W. B. RYAN, 69, Jerningham Road, New Cross. I was employed as assistant secretary to the Rampart Insurance Company. I answered an advertisement in the "Daily Telegraph" in June, 1910, and, receiving a reply from prisoner, I went to Birkbeck Chambers and saw him. He said he wanted a young man as assistant secretary for a new insurance company he had started. He asked me if I had had any experience in an office. I told him I had been working in a railway company in the East for about three years and had had a little mercantile experience. He said ho really did not want a man experienced in insurance work. He showed me a piece of paper that had "£10,000 capital" marked on it. I said I thought £10,000 was rather small for an insurance company. He said it was only a private company at present; he had several big men in the City behind him, and they were going to turn it into a public company and the capital would no doubt be £150,000. He said he had £5,000 invested in it and that the directors had decided that every employe should put in at least £250. I said I could only put in £50 then, but I would be able
to find the other in time. He asked me whether the money was mine. I said I was getting it from my father, and would see my father and consult my solicitors. He said solicitors were very old-fashioned and not acquainted with up-to-date business methods. I was to pay £50 every three months up till May. I did not consult any solicitor. I accepted the position of assistant secretary and paid £50 to prisoner on July 4. I agreed to take 250 shares in the company, and commenced work on July 4. There were employed by the company at that time Mr. Gilbert (he signed as director), Mr. Hudson (chief policy clerk), Mr. Powell (who was a sort of secretary, I think), Mr. Hurley and two lady clerks. Mr. Reeve joined about a fortnight later. Shortly after Reeve arrived Gilbert went for a holiday and returned after a fortnight. Prisoner told us he was going to dismiss him when he came back. It did not appear to me that there was work to occupy us all. I was paid two months' salary, £24. On October 4 there was salary due to me. Prisoner called me in and asked me when I was going to pay up the £50 that was about due. He said the directors had decided until I had paid up they would not give me any salary, as it would not be fair to the others. I said I would stay on a while. I remember Scott joining the company. On that evening prisoner called me in and said the directors had decided to suspend me until I paid up, but he personally did not want to get rid of me. I never attended the office after that.
Cross-examined. I did not think there was any risk. Prisoner said he had a personal interest to the extent of £5,000. He did not say they were founders' shares. He said, "I have £5,000 in cash." Ha never said the company was solvent. He often said it was a genuine company. He appeared to be sanguine about this company, and appeared to be doing his best to advance its interests. I never knew him to gamble or drink.
CHARLES TAYLOR , manager Holborn branch, Capital and Counties Bank. I produce a certified copy of the account of the Rampart Insurance Company with our bank. Upon December 31, 1910, there was a credit balance of 1s. 7d. The defendant had a private account with us. On December 31 that account showed a credit balance of 11s. 9d.
(Monday, March 6.)
GEORGE ERNEST FROST , printer, Warwick Street, Rugby. In June, 1910, I received a communication from prisoner. I went to Birkbeck Bank Chambers and saw him. I received from him an order for printing 100,000 booklets on behalf of the Rampart Company at the price of £185. I received a cheque for £30 on account on September 6. I think the booklets were all delivered by September 10; the correspondence will show. Repeated applications were made for payment of the balance between then and October 26, and a writ was issued. We have received £85 out of the total of £185.
drawn from the private account in favour of the Rampart Company is £94 4s.
CHARLES VALENTINE CHASE , 29, Cornwall Avenue, Wood Green. I was appointed assistant secretary to the Rampart. I replied to an advertisement in the "Daily Telegraph"—"Required a young gentleman in a light manufacturing business. No castles promised, and must invest £200." Prisoner replied, and I saw him at Birkbeck Bank Chambers. He told me he wanted a partner for a light manufacturing business, and I could take on either that or be assistant secretary of the Rampart Insurance Company at a salary of £150 a year, rising to £225 or £250. I asked why it was necessary to invest £200, and he said as an incentive for working, as any man could get good references. He said the £200 was only a flea-bite to the cost of the furniture in the offices, which he valued at £300. He said he was interested in six or seven companies and had money in the concern himself. I was to take the position of a man that was there who had done him out of a couple of thousand pounds. I signed an agreement on August 29, under which I was to take up 200 shares in the company. I paid £200 in two cheques of £100 each, one was post-dated to September 6. Mr. Richardson was present when the latter was paid. I was paid the first month's salary; the second month's salary was paid in instalments ranging from £1 to 2s. 6d. Some time in October I went with Mr. Hurley to Bullworthy's, the pawnbroker's, to pawn a Remington typewriter. When we got back Hurley gave the money raised to prisoner, who gave me £1, Richardson £1, Hurley 10s., and took the remaining 10s. for himself. He gave directions to pledge the typewriter. I was there when Scott joined the company and paid £20 by cheque on November 9. I went on prisoner's instructions to the bank and cashed it. I handed the cash to prisoner and was walking out of his office when he followed and said to Hurley, who sits outside, "It is all right." Hurley turned to him and said, "Oh, somebody has got to be fired." Prisoner said "Yes, that is all right, Hurley." So Hurley said, "Who, R—?"or Mr. Richardson. Prisoner said, "No, the three R's"; that was Richardson, Reeve and Ryan. Those are the only three R's in the office. Before Scott came in, about the middle of October, prisoner said Frost's were worrying for their account for printing. He said he was paying them £20 every fortnight, and if he did not do it they would make the company insolvent. When Mr. Fletcher joined the company he was quite a surprise to us. We came down on a Monday morning and found him already reinstated. We knew nothing about his coming in. I had a conversation with prisoner about him. I asked for some salary, and he said he had not got any money at all. Then I mentioned that Fletcher had paid him £50. He denied it, but afterwards said Fletcher had paid with a cheque, which he had not cashed. He gave me 2s. 6d. on that occasion. I was told the company was going to suspend; that was on December 13; they would issue no more policies or take more men in, and we were to please ourselves whether he stayed or left the offices. He mentioned that he had a man coming from Herefordshire who was going to take an interest in the company. About that time he said he had nine coming along
When I paid my £200 I thought the appearance of the office looked very promising, and I made no inquiries whatever before doing so.
Cross-examined. My age is 28. I was six years in a bank and four and a half years in a solicitor's office. I did not know much about company law. I paid my money to secure a salary and future prospects. I had plenty of time to consider the matter before joining. If the company had succeeded and the policies been rapidly taken up I should have been satisfied, and I think the defendant would have honourably met my salary.
JOHN RICHARDSON , 89, Guilford Street, W.C. I replied to an advertisement in the "Daily Telegraph" in August last. I saw defendant He said there was a vacancy for a superintendent of agents, and if I was found suitable for the position I should have to invest £100, as the company was worked on co-operative principles and every employe had money invested in it; he himself had £1,000, Reeve £150, Ryan £200; that Chase had £100, and was so pleased with the company he was taking up another 100 shares. During that interview Chase came in and gave him a cheque for £100. That was September 1 or 2; it was a Thursday. He produced a share register. I saw his name there, and said, "You seem to have only £300 there." He said, "Those are £10 shares, on which I have paid £1,000," and the other £2,000 he would pay when necessary. He told me the furniture belonged to the Rampart Company. Later he told me there was a hiring agreement between the Rampart Company and Doreves, Doreves being himself; the offices and furniture were hired from him. On September 2 he repeated a number of statements he had made the day before, and said if I had been his own brother he would advise me to come into the company as there was no doubt it was a good opening; he had very good people behind him in the City. He mentioned two titled names. I paid £100 by cheque that morning. At that time I believed the statements he had made. The agreement I entered into was for five years at £3 a week. I asked if he would give me an advance yearly. He said, "If you leave it with me you will be far better off." On November 6 or 7 he said I must let him have £30 to save the company from liquidation, as a large firm of creditors was pressing for payment of their account. I said I would think it over, and after doing so I said no. On November 21 there was £10 or £11 salary due to me. I asked him for it. He told me he could not pay me until a cheque was cleared for £180 from a man he had coming in, and if that did not satisfy me I could sue him in the county court. That man was Scott. My wages were paid on November 23. Fletcher came on December 2 or 3. Prisoner called me into his office and said Fletcher had joined, but he had paid no money, but was good for £300 at the end of January, and it was up to me to play him up so that he would invest in the company, and I was to make out a good list of agents and take him round to visit them. He said, "There will be a tenner for yourself." On December 11 there was one week's salary due to me. On the 13th he called us into the office and said as the company had no finances he would have to suspend the business of the company. He also said he would advertise for no more employes to
invest money. I asked him what he would do with regard to the policies in existence, as it was not a satisfactory way of doing business.
He said, "Don't be so b—aggressive."
Cross-examined. I have not had considerable business experience. I was apprenticed to the ironmongery business where I was seven years; I then had charge of a retail shop; then I joined my father in his hotel business. I was there seven years. The defendant never told me what the assets of the company were. He did not mention the word "solvency." He told me there was about three-fourths of the capital paid up at my first interview. When I was first appointed my district was all London; after he got another man in it was North of London. The agents were mechanics; some had been insurance agents; they only worked in their spare time. The number of agents increased gradually. I had nothing to do with their appointment; that was done from the office. In saying he had £1,000 in the company prisoner conveyed to me that he had a financial interest. I had the opinion before this case that the expression "No castles" in the advertisement was a catch. Prisoner used to tell us about a man he had from the North Britsh Company who was going to put in £500, which never took place. As soon as I came to the conclusion that the company was not in a strong financial position, and that it was not properly working by getting men in to invest money when it was insolvent, I went to my solicitors and put the case before them. They saw Chase, Ryan and others, and put the case before Mr. Forrest Fulton and took his opinion. He said no doubt the company was a swindle. The City editor of "Truth" said the same thing, and that he had communications from others similar to ourselves. He said, "It is your moral duty to put the thing in the hands of the Public Prosecutor and stop it." We were advised to take our salary until the case was ready for the prosecution.
HAROLD REEVE , 39, Collingwood Avenue. I was at one time assistant manager to the Rampart Company. I replied to an advertisement in the "Daily Telegraph" on July 5 and afterwards saw defendant, who fold me he was advertising for an assistant manager for a new insurance company he had started, and that he had three men in the inner office neither of whom he considered competent to leave in charge. He said it was necessary to invest £150 in the company; it was not really the money he required, as he had gentlemen in the City who would be ready to give him financial assistance. He considered by every person in the company having a financial interest they would give better service. He said the three men in the office had each invested £250; in my case he was willing to accept £150. I saw him on the 8th and told him I had thought the matter over. I told him I had no insurance experience. He said as far as he was concerned I should be suitable, but he would have to put it before his directors that afternoon, and that he would write me, but he was doubtful whether they would appoint me as I had been absent from England for some time. He wrote on the 8th that I was accepted and was to commence my duties on the 18th. I called on the 11th and signed an agreement to take 150 shares, and paid a deposit of 12s. 6d. On the
15th I paid prisoner £150 in notes. I received full salary for two months, and on October 15 £12 on account; there was £16 13s. 4d. due then. He said he would give me the balance as it came along. On one occasion he told me to keep in with Mr. Chase, as he was coming into £3,000 early in the year. He told me when Fletcher came that he had not paid any money but was good for £300 in January. On several occasions he told me he was trying to get it formed into a public company. About December he told us he had three gentlemen he thought would buy the company right out, also two other gentlemen who were negotiating to buy it. I remained with the company till December 13. Early in January I was in the office writing letters. Prisoner said, "Are you the only one here this morning." I said yes. He asked if the others were coming. I said I did not know. He said, "If you see Richardson or Chase you might ask them to come up on Monday morning and take up their position as if they were working in the ordinary way," as he had 12 appointments and he might require to bring some of the applicants through the offices, and if there was no one there it would appear rather funny. He told me not to say anything to Fletcher on that subject.
Cross-examined. I was manager of the general import department in a general merchant's for three years. I cannot say if £10,000 capital. is too little; it was never raised. I did not know Mr. Hudson was liable to pay £125 for calls. I knew he had commenced a civil action to get rid of his liability.
JOHN WALTHAM , 29, Tankerville Road, Streatham. Before I joined the Rampart as superintendent of agents I was superintending depots for coal and milk merchants. I answered an advertisement in the "Daily Telegraph" of September 13. I saw defendant at Birkbeck Chambers. He said I should have to invest £200. I asked what security there would be. He said he would give me a Debenture, which would be the only one issued on the company; there was about £700 uncalled capital. He said there was a Debenture already for £100, which would be withdrawn and my Debenture would take its place. He said I could take out £50 in Ordinary shares, and I suggested as soon as the balance of £50 was paid up I should have another Debenture issued to me for £250 to replace the £200 Debenture and the 50 shares. Under the agreemnt I was to have £175 a year. I paid £200 on September 26. I was paid two months' salary. When I paid my £200 defendant told me he was going to run the company for a year or so, so as to float it, and then to form a large company, and that he had several men behind him who would form it into a public company. I believed him.
LESTER SCOTT , 11, Duke's Avenue, Muswell Hill. I recognise the advertisement of October 27 in the "Daily Telegraph." I answered it the same day, and received an answer from prisoner. I saw him. He asked me if I had had experience as secretary. I said no. He showed me the booklet of the Rampart. I noticed the capital was £10,000, which I said was very small for an insurance company. He told me the company was a syndicate, formed to show there was a demand on the part of the public for such a company. I was told that no servant
of the company could hold a position without investment, as it acted as a spur to work, and I should be required to invest £200. I did not then make up my mind to join. Receiving a letter from defendant, dated November 7, I called next day, when he told me that the other gentlemen were satisfied with their investments, that he was connected with other companies, and that he would arrange that I should be put in as secretary for these companies. I paid £20 that day. I told him it would take me probably a week to obtain the balance. I commenced work on November 21, and on the 22nd I handed him a cheque for £180. I was paid my salary for three weeks at £150 a year. I believed the company was genuine and solvent when I parted with my money.
Cross-examined. I was employed with a firm of accountants before this for about 13 months, and with another firm of accountants for five years. I am 23 years old. I thought the scheme was very good, and that the company would be sound enough for the money not to be lost. I do not think I was induced to part with my money by the amount of salary I was to receive. I wanted the employment for the experience 1 should obtain as well as the salary. He did not say the company was solvent; he said it was quite all right. I have heard since that when I joined there was an execution in for printing. He appeared to be sanguine about the success of the company. I do not know that every single shilling of the amount which the employees have paid has been applied for the purposes of the company. I have not seen the banking account. Whether a company should have more than one sceretary would depend on the size of the company. The defendant appeared to be doing his best to push the company. I believe it was his honest intention to pay all salaries: I do not see how it was to be done.
(Tuesday, March 7.)
ROBERT FLETCHER , 367, High Road, Chiswick. I was appointed inspector of agents to the Rampart Company. I was in no occupation prior to that. I answered an advertisement in the "Daily Telegraph" under "Situations Vacant." "Wanted a gentleman who can undertake work on his own responsibility and generally act on his own initiative." Defendant replied, and I called and saw him. He showed me the booklet. He also gave me a copy of "Financial Outlook" of November 26, 1910. I decided to enter the company at the second interview on the same day. I saw the words in the article "The financial position of the company is sound," and "All claims have been readily met." I understood by the latter that some claims had fallen due under the policies and that they had been paid. The defendant said I must invest £150 in the business. I said I did not feel disposed to do that without seeing into it, and I would write to my solicitors to come and see into it. He tried to dissuade me by saying they would be sure to be against it, as they were old-fashioned and opposed to anything new in business. I told him I was not willing to put in £150. He said, "To give you confidence I will take you in on trial for two
months, and you can pay £50 and the balance if you are satisfied at the end of that time; if you are not satisfied I will return your £50 and you will leave the business." He said he had all his money in it; I cannot remember if he mentioned the sum, but he said he could write me a cheque for five figures. I believed that. I paid him £1 on account of £50 £1 shares. Next day I handed him a cheque for £50, and he gave me back the £1. I was appointed at a salary of £2 a week for the first six months, £2 5s. the following six, with other increases up to the fifth year, when it was to be £4 5s. a week. I believed the company was in a position to pay my salary. I was to pay the further sum of £100 by February 1, 1911. I received three weeks' salary and five shillings.
Cross-examined. I am 25. I had not been in employment before. I did not consult anyone before I paid the £50. The defendant told me the whole idea of taking this money was because the business was run as a co-operative scheme, and it was to make the employees more anxious to work. The object I had in paying my money was two-fold, to get a good situation and to become a member of the company. I have answered other advertisements, and had offers of bigger salaries abroad. I answered no other advertisement where they required a deposit of money. I knew nothing of the article in the "Financial Outlook." The company might have been in a different position when it was written; I do not know. I knew by the booklet that a policy had to be in force six months before a claim could be made. That was before I paid my money. No claims could have been made then. I did not know when the company started.
CLIFFORD HAIGH , 47, Manor Road, Clapham. I am advertisment canvasser of the "Financial Outlook." A friend of mine who was with me asked defendant to advertise in my paper. He gave an order on October 4 for 13 insertions at 25s. each. He owes a small amount. As to the contents of the article, I asked him if claims had been readily met, and he said yes. He also told me "John Bull" had examined his books. His answers were satisfactory. I caused the article to be put in the paper.
THOMAS ARNETT , 54, Richmond Avenue, Merton Park, stationer and printer. On May 10 I did some printing work for the company. I became a director. I held 250 shares, which I did not pay for. I attended three meetings early in the formation of the company and the final meeting. On December 13 defendant said, "Arnett, old boy, we are in the cart." I thought he was joking. He then said, "We have no money left to pay salaries; the typewriting machine is in pawn and the clock has gone." I suggested there should be a voluntary liquidation. He said he did not see that we could have that very well, and that the better course would be to suspend the business, as he had a likely client to purchase it as a going concern. I asked for the client's name, but did not get it. He said he was an ex-official of a fire insurance company. I did £81 worth of printing, and was paid £66.
Cross-examined. The directors were myself, defendant and Mr. Gilbert. I do not remember discussing with defendant the particulars of his taking the young men into his employment. I certainly thought
the idea of the company was a good one, because it was following on an already existing society, the Law, Car and General. I did not know that company had smashed or whether it had a prejudicial effect on our company.
Detective-sergeant JOHN MCEVOY. On January 12, at 11 a.m., I went with Sergeant Cornish to 255-260, Birkbeck Bank Chambers. I saw prisoner. I asked him if his name was William George Leslie; he said yes. I told him we were police officers, and that I held a warrant for his arrest. I read the warrant. It charged him with obtaining £50 from Mr. Ryan by false pretences with intent to defraud. He said, "One has one's defence. I have not made any false pretences; I explained to them all that it was only a speculation; they knew the whole circumstances; I have not a penny; I am really hard up. The idea was undoubtedly a good one, and it should prove successful. I have not squandered the money. I had no money of my own, but every penny that I have had from these men went into the company's business. I took £3 a week for my own labours. If it were a civil charge I should say Guilty, but if criminal No." I took possession of a number of documents. I then conveyed him to Bow Street Police Station. When charged he gave the name of Pack. I produced pawntickets for a typewriter pawned November 5, a clock pawned November 8, another typewriter and a ring pawned January 6. I also produce correspondence with the solicitors of Messrs. Frost, who printed 100,000 booklets, and the books of the company, showing that the company was in difficulties at the time.
MR. PACK (prisoner's father). Since my son left school I know of nothing whatever against him. (Prisoner himself was not called to give evidence).
Sentence, Ten months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Monday, March 6.)
LENNON, William (21, porter), BAKER, Jack (21, carpenter), EBURNE, Joseph (21, tailor), and MEEHAN, John (32, French polisher) , Lennon, Baker and Eburne breaking and entering the warehouse No. 25, Newman Street, and stealing therein a cheque for £10, the sum of £5 and other property, the goods of Henry Alexander Campbell and Company, Limited; Meehan, feloniously receiving a banker's cheque for £10, the property of Edith Campbell, well knowing it to have been stolen; feloniously demanding £10 by virtue of a forged instrument, to wit, a banker's cheque, knowing the same to be forged, and with intent to defraud.
Mr. J. C. C. Gatley prosecuted; Mr. A. L. Densham and Mr. Jones defended Eburne.
EDITH CAMPBELL , secretary to Campbell, Smith and Co., Limited, 25, Newman Street, decorators. On February 3, at 6 p.m., I locked up in the safe open cheque produced for £10, payable to E. Campbell; crossed cheque for £30, payable to H. A. Campbell, about £5 in cash, and five books of gold and platinum leaf, value £7; there was also about 2s. worth of penny and halfpenny stamps and a pair of field glasses in drawers in the office. I identify cheque for £10 and gold and platinum leaf produced.
(Tuesday, March 7.)
GEORGE COPPAGE , caretaker to Campbell, Smith and Co. On February 3, at 7.15 p.m., I locked up the premises and left. On February 4, at 6.45 a.m., I entered and found in the managing director's office on the first floor a desk broken open and papers strewn all over the place; in the back office the safe had been broken open. I telephoned to Tottenham Court Road Police Station and examined the basement. The back window had been forced, being lifted off the stay, and the window broken; there were marks of a jemmy and muddy foot marks.
SEPTIMUS CAMBRAY , cashier, Capital and Counties Bank, 123, Oxford Street West. On February 4, at 11.30 a.m., Meehan presented cheque produced for £10. I had received a communication from the police and beckoned to Sergeant Berry, who was outside; he said to prisoner, "I want you; this cheque has been stolen." I do not think Meehan replied.
Cross-examined by Meehan. You may have been five minutes in the bank before the officer arrived.
Detective-sergeant JAMES BERRY, D Division. On February 4, at 8.15 p.m., I with Sergeant Durrant, Police-constables Seymour, Allen, and Pierce went to 17, Little Earl Street, Seven Dials. In the top floor room were Lennon, Baker, Eburne, four other men and three women. I told them we were police officers and were making inquiries respecting a case of warehouse-breaking at 25, Newman Street, between 7.15 p.m. on February 3 and 7 a.m. that morning. Eburne said, "I belong to this place, and all that I can say is you have made a mistake. There is no one here knows anything about stolen property." I pointed to Lennon and Baker and another man who was arrested with them and has since been discharged, and said, "Who are these men?" He said, "They are only friends of mine, and they have come to have a friendly game of cards with me." At that moment my attention was called by Pierce to something dropped by Baker. On picking it up I found it contained five small books of gold and platinum leaf (produced). I caused the room and the prisoners to be searched. Lennon, Eburne and Baker and the fourth man remained in the room, the other persons withdrew to the adjoining room. I directed the three prisoners and a fourth man to be taken to the station. Baker was taken by Seymour. They were charged. None of them made any reply.
The fourth man was subsequently released, as there was not sufficient evidence against him. On the same day, at 11.30 a.m., I was keeping observation outside the Capital and Counties' Bank in Oxford Street, when I saw Meehan cross the road from Berners Street and enter the bank; I saw him for about 50 yards. Bambray then beckoned to me. I went in and saw Meehan standing at the counter holding up lettercase (produced). The cheque for £10 was handed to me. I said, "I am a police officer; you have tendered this cheque for payment." He said, "Yes." I said, "How did you become possessed of it? It is part of the proceeds in a case of warehouse breaking at 25, Newman Street." He said, "A man stopped me on the other side of the road and asked me if I wanted to earn 2s. or 3s. I said 'Yes.' He then handed me this case and told me to go over to the bank and cash it. I took the case and found it contained a cheque. I brought it over here as I thought it was all right." I said, "I do not believe your statement, because I was keeping observation outside the bank, and I did not see any man in your company. I shall therefore arrest you, and you will no doubt be charged with receiving the cheque and forging and uttering it." He gave me a description of the man he alleged had handed him the cheque: Age, 40 to 50; 5 ft. 7 in. in height; stout build; grey hair and moustache; dressed in black morning coat, dark trousers, and hard-felt bowler hat. On the way to the station he said, "Well, there is one thing, you cannot charge me with warehouse breaking because I was not released from the workhouse till this morning about quarter to nine." Miss Campbell afterwards attended at the station, identified the cheque, and prisoner was charged with stealing, receiving and forging the cheque, and demanding the sum of £10 by the forged cheque. He said, "It serves me right; I ought to have known better than to have taken the cheque."
Cross-examined by Baker. An officer picked the packet of gold and platinum leaf up and put it on the table, and I took it from the table. Pierce drew my attention to it. (To Mr. Densham). I have made inquiries about Eburne. Up till August last he has worked regularly as a tailor; since then I cannot say that he has done any work. He has had no charge made against him before. (To Meehan). When I saw Meehan coming along Oxford Street I had no suspicion of him. He was dressed quite differently to what he is at present; he had a collar and tie on and was cleanly shaven. The traffic was not very thick at the time I saw him approach.
Detective FRANCIS PIERCE, C Division. On February 4, at 8.15, I went with other officers to 17, Little Earl Street. I saw Baker drop a parcel and called Berry's attention to it. I told Lennon I should take him to Tottenham Court Road Police Station. He said, "This is all I have got for my corner," handing me two half-sovereigns (produced)." All the stuff is not sold. The old man or Jack do not know anything about the job." "Jack" was the man who was arrested and subsequently released. He further said, "There were only three of us in it—me, Jack Baker, and Joe Eburne." On the way to the station he said, "Has Durrant got the sticks" (jemmies). I found that no jemmies had been found and returned to 17, Little Earl
Street, where I saw Eburne's wife, a man, and another woman, and on searching the premises I found two jemmies behind the stove on the landing where, when we first entered, Eburne had been cooking fish; there was a piece of dirty paper on the top of them. Lennon made no reply to the charge.
Cross-examined by Lennon. I did not search Lennon. At the station were found some postcards on him. I did not ask him where he got the two half sovereigns from; he did not ask me to let him keep the silver to buy cigarettes. (To Baker.) There were other officers near you when you dropped the packet. Another officer picked it up and put it on the table. (To Lennon.) I did not ask Lennon who were in it—he did not say, "I do not know—I know me and Joe Eburne was not there." As we were passing the "Horseshoe," in Tottenham Court Road there were some lads across the road, and Lennon said, "You do not want to show me up like this—some of the boys are over there "—he wanted me to loose his arm. (To Mr. Densham.) When I went to Little Earl Street Eburne was frying fish at the stove on the landing where the jemmies were found.
Detective-sergeant THOMAS DURRANI. I was directed by Sergeant Berry to take Eburne to the station; as we were leaving he said, "That's done it—I did not expect this." On the way to the station he said, "Treat me fair, won't you? I do do some work. Baker and the others have been coming to my place for a week. I do not know where Newman Street is." I went to 25, Newman Street and examined the premises. On the basement window, the glass of which had been broken, I found several marks corresponding with each end of the small jemmy (produced). None apparently with the other.
Cross-examined by Mr. Densham. When I first went to 17, Little Earl Street, Eburne said he was hungry—that was before Lennon and Baker had arrived. On the way to the station he was trying to converse with me, but I would not do so—I did not know what the charge exactly was. I made a note of what he said when I arrived at the station and read it to him. He said, "It is all right." I asked him to sign it, but he refused.
Detective ERNEST SEYMOUR. I told Baker the charge—breaking into the warehouse at 25, Newman Street, on February 3. He said, "All that I wish you to do is to treat me as fair as you do the others." I took him to the station, he made no reply to the charge. I found on him 13 penny stamps and eight halfpenny postage stamps.
Cross-examined by Mr. Densham. Eburne gave me a list of persons for whom he had worked; I have made inquiries and found his statements to be correct.
Police-constable FERGUS EWART. On February 1 and on February 2 between 9 and 10 p.m. I was in plain clothes in Newman Passage when I saw Lennon loitering at the corner of Rathbone Place for about an hour each evening. On February 3 at 7 p.m. I saw Lennon and Eburne in Newman Mews talking together about 15 minutes.
Cross-examined by Lennon. There is a public-house kept by Dixon at the corner of Newman Passage and Rathbone Place. Lennon was acting suspiciously. I have never seen him before February 1 as far as I can remember. On February 9 he did not knock at a door.
Police-constable WALTER WARE, 90 D, corroborated Ewart.
Baker pointed out that the police officer who picked up the gold leaf from the floor had not been called. The Common Serjeant stated that Baker could have given him notice to attend if he had desired.
JOSEPH KING , 43, Vauxhall Walk, Lambeth, labourer. On February 3 at about 5 or 6 p.m. I visited my nephew, Eburne, at 17, Little Earl Street, and remained till about 11. Lennon came about two hours after I had arrived; he left before me—I could not speak to the time.
To Mr. Densham. Eburne was with his wife when I went there at about 5.30; after about an hour he left and was away about half to three-quarters of an hour, when he returned and remained there until I left at 11 p.m.
CATHERINE BAKER , 56, Warren Street, Tottenham Court Road, mother of the prisoner Baker. On February 3 Baker came home about 6 p.m. I had a postal order for 10s.; I asked him to change it and bring me some stamps. He went out at about 7.30 to 7,45 and came home at 11.30 p.m.
Cross-examined. My daughter and my husband use stamps for their business. I knew Baker came home at 11.30 because I heard him enter and looked at the clock. I next saw him at 7 a.m. the next morning.
JOSEPH HENRY EBURNE (prisoner, on oath). I am 21 years of age; I am a tailor's presser and make clothes as well. I started work five years ago as under-presser to a tailor at 33, Stafford Street; was there for 15 months, worked for six or seven months making waistcoats in Maddox Street; I then went to Davis and Sons in Tichfield Street and remained there till August last, since when I have been working at home on private work and odd jobs. On February 3 King visited me at about 5.30. I left at about 6.45 to visit my parents at 13, Upper Rathbone Place, the side door of which is 12 yards down Newman Passage. I met Lennon in Oxford Street; he accompanied me and I was talking at the door in Newman Passage with him about 10 minutes, when I went up to my parents, remained there about half an hour and returned home, being absent about three-quarters of an hour. I remained with my wife all night; King left about 11. On February 4 I invited Lennon and Baker to come up and spend the evening—I have a gramophone. When the officers arrived I was frying some kippers on the stove. One of them said he felt hungry and I invited him to have a bit if he wished. When I was arrested I said, "That's done it "—it is a common expression of mine. I was taken to the station by Durrant; he allowed me to buy cigarettes
and to smoke. He told me the place I was charged with breaking into was in Newman Street. I said, "It lies at the back here." I never said I did not know Newman Street. I never saw the two jemmies until they were produced at the police court. The stove is on the landing outside my rooms and anyone coming up would pass the stove and could place the jemmies there. I have been a member of the Church Lads' Brigade for three years, am staff sergeant and instructor in musketry, and have charge of the ammunition and the selling of it to the lads.
Cross-examined. I have lived at 17, Little Earl Street since July, 1910; I occupy two rooms and sublet one to a young lady who enters her room through a separate door. She is not of bad character to my knowledge—she has male and female visitors; I do not interfere with her as long as she pays her rent. I have frequently been in the neighbourhood of Newman Passage. I did not see the officers. I am innocent and have felt this charge very much. I brought my wife up to the police court to give evidence, but she became unwell and had to leave. On Friday, February 3, I worked for Legge, 46, Lexington Street, for three half days at 6s. a day and received 9s. from him on the Saturday. I pay 8s. 6d. a week rent. I can give no explanation to the Jury how the jemmies were placed behind my stove. I have known Lennon for a few weeks before February 3; he introduced Baker to me on the day previous to the arrest, when he brought him up to my rooms; they stayed a few minutes and I invited Baker to come and see me if he had nothing better to do.
EMILY FLORENCE EBURNE (wife of prisoner Eburne) corroborated his evidence. My husband asked me to give evidence at the police court. I went there and waited to give evidence, but became ill and had to leave.
EMILY EBURNE , 13, Upper Rathbone Place, mother of prisoner Eburne. My husband is a tailor. On February 3, at about 7 p.m., Eburne came to see his father and stayed half an hour talking about the trade.
JOHN MEEHAN (prisoner, on oath). On February 4 I came out of Marylebone Workhouse at 8.50 a.m. I was walking dawn Oxford Street when a man asked me if I wanted to earn a few shillings. I said I did. He gave me case (produced) with cheque inside, and said, "Go across there and cash it for me." I saw it contained a cheque, went into the bank and put the cheque on the counter. The cashier beckoned to the officer, who arrested me before I had any. chance of saying anything. I gave the officer the description of the man who had given me the. cheque. I had no idea that the cheque was stolen, and knew nothing whatever about the warehouse being broken into.
Cross-examined. When I put the cheque on the counter I saw it was for £10. I realise now that it was a stupid thing to do, but I was anxious to earn a few shillings and did not think I was doing wrong.
Verdict, Lennon and Baker, Guilty, with a recommendation to mercy on account of their youth; Eburne and Meehan, Not guilty.
Lennon confessed to having been convicted at Marylebone Street on March 10, 1910, in the name of William Johnson, receiving two months' hard labour, for stealing a silk dress from a tricycle left unattended. Other convictions proved: July 30, 1910, three months as a suspected person; bound over twice; six weeks' hard labour on February 26, 1909; and three months' hard labour on July 5, 1909, as a suspected person. Said to associate with a dangerous gang of thieves in Soho.
Sentence (Lennon and Baker), 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 7.)
Parsons pleaded guilty.
Mr. Forster Boulton prosecuted.
JOHN SILLETT , porter, Eagle House Lodging-House, 1, High Street, Homerton. On Tuesday, February 7, at about 11 p.m., I saw Southgate at the door of Eagle House. He asked me whether "Lippy" (Parsons) was in. I said he was down in the kitchen. He said, "I want to see him," called through the window, and said, "Lippy, I want you." Parsons then came out of the kitchen, joined Southgate, and they went away together. They did not return that night.
(Wednesday, March 8.)
Sergeant HENRY PEIRCE, 25 J. On February 8, at 12.40 a.m., I was on duty at Hackney Marshes when I saw two men with something on their shoulders, I walked along in the shadow until I got within 10 yards, when one of them, who was the prisoner Southgate, turned round—I had a clear view of them, and saw they were each carrying a coil of wire on their shoulders. They caught sight of me, threw down the wire, and ran off. I followed for about three-quarters of a mile, when Parsons became exhausted and I took him into custody. Southgate got away. I took possession of the wire (produced). On February 15 at Victoria Park Police Station I identified Southgate out of 10 others, and then charged him with being concerned with Parsons in stealing the wire. It was a fairly light night, and I can swear to Southgate being the man.
Cross-examined. I gave a description of Southgate. Sergeant Smith had not mentioned his name to me. Occasionally there is a fog on the marshes, but it was a clear night on February 7.
Re-examined. I saw Southgate turn round.
JOSEPH MARTIN , linesman, Telegraph Department, General Post Office. On February 8 I received information of the cutting of some wire, and at about 9.45 went to Lee Bank Road, Hackney, where I found that the lengths between poles Nos. 35, 36, and 37, containing eight lengths of 12 different wires, had been cut down, weight 3/4 cwt., value £3 5s. I afterwards identified the wire at Victoria Park Station. On February 7 I inspected the telegraph at 7 a.m. and at 5 p.m. It was then safe.
Detective-sergeant WILLIAM SMITH, J Division. On February 8 I received from Pierce description of a man wanted for stealing wires. On February 9 at 7.30 p.m. I was in High Street, Homerton, when Southgate noticed me and ran into Belshaw Street. On February 15 I went to 12, Oswald Mansions, Clapton Park, saw the prisoner in bed, and told him I should arrest him on this charge. He said, "You will have to prove it." He was taken to the station and at 9.30 a.m. Pierce picked him out from a number of men.
Cross-examined. I told Southgate's mother that her husband was very ill (which was the fact) in order to get into the house. On February 9 I was close to Sedgwick Street when I saw Southgate.
Statement of Southgate before the Magistrate: "I can prove that since I came out I have worked at Tilbury Docks. I wish to call my mother as a witness at the trial. 1'
The Common Serjeant ruled that prisoner could not give evidence of what Parsons said; he must be called as a witness.
Examination continued. I am charged with Parsons in stealing this copper wire which I am absolutely innocent of. My mother knows that I was in bed at the time and had been in bed every night that week before 11 p.m. When Parsons got caught he told Detective Smith that I was the other man, which is absolutely false. Parsons is dragging me into this out of revenge.
Cross-examined. I have known Parsons, he has been frequently with me. I was not with him on February 5 or 6. I have spoken to Sillett once or twice. It is false that I went to Eagle House at 11 p.m. on February 7. Parsons is called by the nick-name of Lippy. I never lodged at Eagle House.
Cross-examined. My son once brought Parsons into my place—I told him not to bring him up again.
Cross-examined. Sedgwick Street runs off High Street.
HENRY PARSONS (prisoner). I have pleaded guilty to stealing this wire. Southgate had nothing to do with it. He did not come and call for me at Eagle House. I told Detective Smith that he did so. I went out of Eagle House on my own, and at Homerton Bridge I met a mate whose name I do not know, but it was not Southgate. We went together to the Marshes, cut the wires down, and were carrying them away when we saw the sergeant, dropped the wire and ran. I was caught. When I was at the station Sergeant Smith said to Pierce, "Could you recognise the other chap?" He said, "No—only just by his back." At 8 a.m. Sergeant Smith said to me in the cell, "Where is your mate?" I said, "Who is my mate?" He said "William." I said, "Who is he? I do not know the name of William." He said, "William Southgate." I said, "He was not with me." Then he said, "I will have Southgate if he was not with you." I said, "You can have him, but he was not with me." He said, "If Mr. Wood had had you this time he would have killed you." I said, "Oh, is that all you can do to me?"
Cross-examined. I have seem Southgate twice since I have been out. I have known him four years.
Verdict (Southgate), Guilty.
Parsons confessed to having been convicted on November 2, 1909, at the County of London, receiving 18 months' hard labour for stealing fittings; some 15 other convictions were proved, including 12 months, nine months, nine months, and six months.
Southgate confessed to having been convicted on March 9, 1909, at Newington Sessions, receiving 15 months' hard labour for stealing; eight other convictions were proved, including six months for stealing iron on June 13, 1908.
Sentence (each), Three years' penal servitude, to be followed by two years' police supervision.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 8.)
RICHARDS, David Philip (65, traveller), and EVANS, Sarah Jane (48) , Evans obtaining by false pretences a valuable security, to wit, an agreement for the letting of No. 115, Richmond Road, with intent to defraud the Worshipful Company of Drapers; Richards and Evans conspiring and agreeing together to obtain the said valuable security by means of false pretences; Evans obtaining by false pretences a valuable security, to wit, an agreement for the letting of No. 63, Pentonville Road, with intent to defraud the New River Company; Richards obtaining by false pretences a valuable security, to wit, an agreement for the letting of No. 138, Offord Road, with intent to defraud Edward Ernest Beard; Richards obtaining by false pretences a valuable security, to wit, an agreement for the letting of No. 156, Barnsbury Road, with intent to defraud John Nolloth; Richards obtaining by false pretences a valuable security, to wit, a tenancy agreement of No. 60, Great Percy Street, with intent to defraud Michael Granville Lloyd Baker; Richards and Evans conspiring and agreeing together to obtain the said valuable security by means of false pretences.
Mr. Percival Clarke prosecuted.
FRANCIS FORSHAW , clerk, Estate Department, New River Company. In February, 1910, Evans filled in application (produced) for taking house, 63, Pentonville Road, giving her address at 1, Cubitt Street, "Length of occupation of present house—nine years as dairy and provision. Last occupation—Pitfield Street. Rent paid—£52. Names and addresses of three references—Mr. David Philips, landlord, 11, Grantbridge Street, Islington; K. Morris, Esq., 25, Cumming Street; Mr. Lurch, 59, Liverpool Road, Islington. House to be rented—63, Pentonville Road. Rent—£60 per annum. (Signed) S. J. Evans." She required a range to be put in the second and third floors. I communicated with the three references and received a letter signed David Philips, stating that he had known Evans for 12 years as a responsible tenant. We then granted tenancy agreement, dated March 11, 1910, to Evans for the premises. The rent not being paid on June 24 I saw Evans, and in July she explained that she had let the place to lodgers, introduced me to them, and I arranged to collect their rents. Evans paid no rent for the three months she occupied the premises.
ELLEN MORRIS , wife of William John Morris, 1, Cubitt Street, general shopkeeper. Evans occupied my first floor front room from February 9, 1910, for about five weeks at a rental of 5s. a week. Richards frequently visited her also in the name of Evans. She paid rent up to the time she left. The owner of 1, Cubitt Street, is Mr. Powell—not the prisoner Richards. I do not know David Phillips of 11, Grantbridge Street.
STEPHEN BOLTON , 8, College Street, Islington, estate agent. On January 29, 1910, I let 11, Grantbridge Street, Islington, to the prisoner Richards in the name of "David Richardson" for 12 months at £44 per year. Rent became due on March 24, but was not paid. The premises were let to a sub-tenant, from whom Richards was receiving 14s. 6d. a week for the' four upper rooms.
EMILY RODWAY , wife of Francis Rodway, 63, Pentonville Road. I took two top rooms at my present address at 7s. a week from Evans on April 10. Evans occupied the lower part of the house up till midsummer, when she left.
BERNARD FORD , 107, Richmond Road, Islington, house agent to the Drapers' Company. On September 12 Evans applied to me, in the name of "Sarah Philips," to take 115, Richmond Road, at a rental of £45 per annum. She said she was living at 28, Arthur Road, Holloway, her landlord being Mr. Richards, of 3, Denmark Road, Barnsbury, to whom she referred me. I there saw the prisoner Richards. He said, "She has been my tenant for some considerable time, is a respectable person and pays her rent promptly." I
asked him if he collected the rent himself; he said yes, and that Mrs. Philips was well connected. I then saw Evans, in the name of Philips, at 28, Arthur Road, and asked her to show me her rent receipts. She said, "It is not convenient just now as I am entertaining friends, I will bring them to your office." She afterwards brought to me a receipt for £10, signed "D. P. Richards" for the June quarter's rent of 28, Arthur Road. She then signed agreement (produced) dated September 12, 1910, taking 115, Richmond Road. She left a day or two before Christmas; no rent had been paid. I visited the house and found that three families were occupying rooms there.
MARY ELIZABETH ERQUIT , 22, Arthur Road, Holloway. I am the freeholder of 28, Arthur Road. I first saw Richards at Clerkenwell Police Court. Evans took No. 28 from my agents, Perfect and Sons, in June, 1910; receipt (produced) is not signed by me. The Michaelmas rent has not been paid.
JAMES SYDNEY CABLE , 50, Ludgate Hill, surveyor to the Lloyd Baker Estate. In November, 1910, Richards, in the name of "David Lloyd," applied to take 60, Percy Street, filled up form (produced) referring to his previous landlord, "D. Philips, 115, Richmond Road," where I called, received a satisfactory reference from a man who was not the prisoner; I also communicated with Jones and Company, 155, King's Cross Road, another reference given by Richards, and received a satisfactory answer. Prisoner then signed agreement (produced) of November 21, 1910, taking the premises. Thirty days' rent became due at Christmas, it has not been paid.
Detective-sergeant ERNEST PULLEN, N Division. On January 31 at 7.45 p.m. I saw Richards outside 51, Baker Street, Clerkenwell. I asked him if his name was Richards; after some delay he said yes. I told him I held a warrant for his arrest, and read it to him. He said, "I do not know what you mean." I then saw Evans in 51, Baker Street, and read the warrant to her. She said, "I do not care so much for myself, it is my little girl." The warrant was for conspiring to obtain 115, Richmond Road. They were both further charged respecting the premises 156, Barnsbury Road, and 63, Pentonville Road, and afterwards with respect to 60, Great Percy Street. Richards admitted the agreement was in his writing.
(Thursday, March 9.)
SARAH JANE EVANS (prisoner, on oath). I did not take these houses, 63, Pentonville Road, and 115, Richmond Road, with intention not to pay. I 'sold a lot of furniture when I left 63, Pentonville Road, on June 21. I then went to Arthur Road thinking I was going to let furnished lodgings, but I failed to do so. I did not say I was living at 1, Cubitt Street for nine years, but that I had been in business elsewhere for nine years in the dairy and provision line, which is true. I was five years in Rhodes Street and four years at Bingfield
Street, Caledonian Road. I filled up the application to the New River Company. I told Mr. Forshaw that I was staying at Cubitt Street temporarily. I paid £52 a year for Binfield Street. A. Morton Smith was the landlord. I referred to David Philips (who is really the defendant, David Philip Richards) because Richards told me to give that name—I agreed to do so. I could have given a bona-fide reference, but I did not know how I should get on with the house—I do not know what made me do it.
Sentences, Richards, Nine months' hard labour; Evans, Four months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 8.)
Nathan pleaded guilty.
Mr. Graham-Campbell and Mr. Harold Murphy prosecuted; Mr. E. F. Lever defended Moses; Mr. Curtis Bennett appeared for Nathan.
MORRIS NATHAN , 92, Hatton Garden, manufacturing jeweller. Prisoner Nathan is my son; he has a business in Buenos Ayres, and at the time of this theft he was about to return there; his passage had been booked. He had access to my stockroom. On January 5 about 11 a.m. I went to my safe and the goods in it were then all in order; among them was a tray of rings of the value of £2,000 or £2,500. About seven that evening I was called back to the office and in consequence of what I was told I communicated with the police. The following morning I received by post what I thought were the whole of the rings, but I subsequently found that 16 rings, value about £120, were missing. These 16 were found on my son.
Cross-examined. Moses was not in my employment.
WARREN FARADAY , traveller to Morrison Nathan. On January 5 about 10 a.m. I went to the safe in the stockroom; everything was in order. I went out on my usual round and returned about six. On going to the safe I found that the best ringtray was missing. Miss Jeffreys and Mr. Levy were present when I examined the safe.
Cross-examined. There were other trays of rings in the safe; this best ringtray had probably been selected by somebody who knew what he was doing.
EDITH JEFFREYS . I keep stock for Mr. Nathan and have charge of the stockroom. On January 5 I went to the safe with Mr. Nathan; everything was in order. Just after noon I was called away to the telephone; I was out of the stockroom for seven to ten minutes; I left John Nathan there. Returning from the office where the tele-phone
is I had to pass through the inquiry office; there I saw Mr. Macfarlane; we went together to the stockroom and John Nathan was there. In the evening Faraday spoke to me, and finding some jewellery was missing I sent for Mr. Nathan.
LIONEL DAVIS . I am manager to prisoner Moses, who is a butcher, at 396, Coldharbour Lane. Prisoner Nathan used sometimes to call to see Moses. On January 5 Moses was rung up on the 'phone and shortly afterwards went out; on his return he told me that John Nathan had stolen a lot of jewellery from his father. He (Moses) took a parcel of rings from his pocket and showed them to me, asking which was the best way to send them back; I told him I did not understand the business. I left him that night about nine, near Shaftesbury Avenue; he then had the jewellery in his pocket.
Cross-examined. Moses seemed very upset when he spoke to me.
WILLIAM DRIVER , overseer at the G.P.O. There is no post office in Fetter Lane; there are two wall-boxes. The paper covering produced bearing the postmark 12.15 a.m., January 6, shows that the parcel could not have been posted in a Fetter Lane box; it would be posted at the Fleet Street office between ten and midnight on the 5th.
Three clerks at Farringdon Street station cloakroom were called to prove the handing in and taking out of various parcels on January 5.
Sergeant GEORGE MERCER, E Division. On January 5 the loss of these jewels was reported and I went to 92, Hatton Garden about six p.m. and remained till nine; John Nathan was there. Next day it was reported that the jewellery with certain exceptions had been returned through the post. On the 7th I saw prisoner and detained him at Gray's Inn Road Station. He made a statement, and handed me the 16 rings produced. That evening I went to 396, Coldharbour Lane and there saw Moses. I read him the statement made by Nathan; he said that he also wished to make a statement, and I took down a statement, which he signed. In it he said, "I have known Jack Nathan for a good many years; he is slightly related to me.... On January 5 he rang me up on the 'phone and asked me to meet him at Farringdon Station. I met him there about 2.15. He told me he had a bag in the cloakroom which contained jewellery which he had stolen from his father's office. I told him to take it back; he said he could not, as there were some people about the place. I hesitated about taking it, and he said, "If you do not, I shall have to send the cloakroom ticket back to father and fly out of the country." He gave me the ticket, and I went to the cloakroom and got the bag and brought it to my shop, leaving him at the station. In the evening I took the jewellery out of the bag, burnt the bag, wrapped the jewellery in a serviette, made up a parcel of it, took it to Fetter Lane and dropped it in a pillar-box there.... I sent back every article there was in the bag, as I had no intention of stealing anything."
Sergeant HENRY JOEL, E Division, said that in reply to the formal charge Moses said, "I cannot be the guilty party, or I should not have sent the rings back."
Mr. Lever submitted that there was no case to go to the jury.
Judge Lumley Smith said that it was a matter for the jury, but he suggested that it would hardly be safe to convict.
The jury stated that they did not require to hear any more of the case, and found Moses Not Guilty.
A number of witnesses to character were called on hehalf of Nathan. Prosecutor (his father) offered to become surety for him. He was released on the recognisances of his father and of Mr. Alexander Jones in £100 each to come up for judgment if called upon.
LEACH, Percy (29, paperhanger), HARMAN, Ernest William (29, labourer), and DOE, Richard (27, labourer) , all breaking and entering the dwelling-house of William Manning and stealing therein 6s. 5d., the moneys of the South Suburban Gas Company; Harman feloniously marrying Rosina Emily Berry, his former wife being then alive.
Mr. Landers prosecuted.
Harman pleaded guilty to the bigamy indictment.
MARGARET HILDA MANNING . I live at 22, Chaplin Street, Forest Hill, with William Manning, as his wife. On February 6 Harman and Doe were in my house from about 3 to 7.45 p.m. We Were talking about my gas meter (a "penny-in-the-slot" meter); they asked me how long it was since it had been emptied; I told them three or four weeks. We left the house at 7.45; I locked the place up securely. On returning about 10.30 I found the place had been broken into, and the meter had been robbed.
Cross-examined by Leach. I did not know you before, but on this night after I left my house I saw you talking with the other two.
EDWARD PANTIN . I run odd jobs for people. I know all three prisoners; I saw them in the afternoon of February 6 in a coffee shop in Perry Vale at about three p.m. Harman asked me if I would take a message to Mrs. Manning; I was to ask if a young woman named Rose was living round there. I took the message and was told to tell Harman to go down. He went down, I remained in the coffee shop. When I came out again I was standing outside, when I saw Doe go down after remaining "up top" for about five minutes. Leach asked me to go down to ask Harman if he was coming up to the top Again and if he was going to do that job to-night. I went down and saw Harman and Doe. I gave Harman the message and he told me to tell Leach that he would meet him to-night. I went and told Leach and then I saw Leach go down. I went down afterwards and saw Harman and Doe go out; Leach was not there then, nor was Mrs. Manning. Harman and Doe came back at 3.30, and Mrs. Harman, who had come in, gave them a shilling to get some grub. I went out leaving them there. I heard no conversation about a gas meter. Between 8 and 9 p.m. I was standing outside a lodging-house in Hendley Place, about 40 yards from 22, Chaplin Street, when I saw
Leach and Doe come out of No. 22 and meet Harman, who was standing still about 20 yards away from them. All three went up to Church Vale; I did not see where they went. I saw Leach again at 9.30 p.m. outside "The Signal."
Police-constable ROBERT MOIR, P Division. On February 7 at one a.m. I was at Catford Police-station and saw Harman. I told him I was a police officer and should convey him to the police-station where he would be charged with breaking and entering 22, Chaplin Street, and stealing 6s. 5d. from a gas meter. He said, "I don't know anything about it; you can search me; you won't find money on me." On the way to the station he said, "I may as well tell you the truth; we done the job; Percy Leach and Doe broke through the window and I kept watch; they afterwards gave me 2s., my share of the gas meter; don't be too hard on me." I conveyed him to Syden-ham Police-station, where he was detained. At 5 p.m. I went to 15, Dalmain Road when I saw Leach. I told him the charge, and he said, "All right; I was with the others, but I did not break into the place." I charged the two prisoners. They made no reply. I searched them, and found on Harman 2s. 4 1/2 d. and on Leach 2d.
To Leach. I have seen your references. I believe you are honest.
Cross-examined by Doe. I called on Mr. Bolton, of Perry Vale, and was given four names on a piece of paper of men who were left in charge of that place between the 16th and 18th. Pantin was one; he was there four days. He said his meter money was taken between Christmas and a fortnight ago.
Police-constable JOHN FITZGERALD, 204 P. I saw Mrs. Manning at Catford Bridge on February 6 at 11.45 p.m. She spoke to me. The three prisoners were standing close by. She said, "I want to give those three men into custody for breaking into my house and breaking open a gas meter." On hearing this the three prisoners turned to run away. I caught hold of Harman and Doe. Doe wrested himself from my custody. I took Harman to Catford Station. I assisted in arresting Leach at 15, Dalmain Road. I subsequently identified Doe from nine men at the station.
To Leach. I did not make a rush at you, as you say. You came to the station afterwards and surrendered. You were not detained.
Detective-sergeant WILLIAM SHARPE, P Division. On February 7 I saw Harman and Leach in the passage adjoining Greenwich Police Court. Harman said, "I will give you the name of the third man that is wanted and tell you where to find him; it will save a further remand."
Sergeant ROBERT WILLIAM CHARLES, P Division. I knew Leach about three and a half years. He works occasionally, but locally his character is very bad. He was convicted in April, 1906, for obtaining £3 by means of a worthless cheque and sentenced to four months' hard labour.
To Leach. You are a painter. You were in a gentleman's service with your wife for 18 months after you were convicted.
PERCY LEACH (prisoner, on oath). On February 6 I was coming from the L.C.C. offices, where I had been working till that date. I met Harman and Doe in Stanstead Road. I said to Harman, "Hullo, strangers, what are you doing about here?" I had never seen Doe before. Harman said, "I am up here to find out where my wife lives." We walked together to Forest Hill. He said, "Do you know where she lives?" I said, "I will ask the flower-seller." I asked him and he motioned to Pantin. He said, "He knows; he is always round there." I went to fetch Pantin as Harman did not know him. Pantin came up, goes down the road for Harman with a message, and comes back again. Harman and Doe go down; I go away. I said, "I might see something of you later." I went home, had my dinner and tea. At 7.50 p.m. I go straight to Forest Hill Station. As I stand there talking I heard a woman talking to a man and a woman came out of a telephone box using bad language. That is what made me notice Harmon and Doe standing there. She was speaking about being charged 5d. to ring up to the police station. After that Harman and this woman go across to the "Signal" to have a drink. On coming out they stand at the corner of London Road and they followed the other woman up the London Road. About 8.30 or 8.35 Harman and Doe came back. They said, "Coming up the road?" which means London Road. I said I might come up later, nine or after, as I had some business with a man about work. About 9.15 I met Harman and Doe talking to two women under the railway arch, Harman's wife and Mrs. Manning. They shouted out to me to go and have a drink. I followed them down the road and went into the "Grove" to have a drink. Me and the two prisoners came out of the "Grove" at half past 10. We had another drink in the "Swiss Cottage." I said I would go a little further and see them off and ride to Greenwich. We got to Catford; up runs the constable and makes a rush. I runs away, thinking there was a squabble. I met another person, who said, "That man is locked up for stealing money from a gas-meter." I said, "I am going up to the station; I can clear him as a witness that he was in my company from 9.15 until the time of being locked up." This referred to Harman. The sergeant at the station said, "Mr. Leach, we don't want you here; go out of it." I went home. Next morning my landlady comes to the door, knocking. She said there was a woman downstairs who wanted me to bail her husband. I said, "That is funny; I can't go and bail her husband." I goes down to see who it was and I am arrested and taken to the station. I asked what it was for and said, "Why did not you keep me last night and not come upsetting my wife and children in the morning?"
Mrs. BLENKINSOP (to Leach). I saw you about 8 p.m. on February 6 standing at Forest Hill Station. I went up to the picture palace and saw you again when I came back about 8.30. I talked to you for two minutes or more. I went across the road and back and saw you still there. Two men spoke to you, one is beside you.
---- GRIFFITH, labourer. On February 6, between 8.45 and 10.5 p.m., I saw Pantin standing outside the "Signal." That is 300 yards from Chaplin Street. About 11.30 a.m. on February 11 Pantin stated in my presence to Leach that he was fetched out of the lodging-house in Chaplin Street at 1 a.m. by a detective and accused of stealing the money from the gasmeter. He said he would fetch his two brothers if he got into any trouble over it. I refuse to say why I noticed Pantin so much on the evening of February 6; it concerns myself and my family affairs.
To Doe. Pantin was not in my ompany. From where he stood he could not see anyone come out of Chaplin Street unless he could see through brick walls.
GEORGE HEBDITCH (to Leach). I saw you outside the station at Forest Hill on February 6, at 7.50 p.m. A woman came out from the telephone box using dirty language. She was there from 12 to 8 to exactly 20 past. You were there all the time.
---- BREACH, painter (to Leach). I saw you at 8.45 p.m. You, Gibbs, and me stood talking until about three minutes to nine, when I left you talking to Gibbs.
---- MUNDY, gas stoker (to Leach). I am the landlord of the house you live in. A woman came at 5 a.m. one day and said, "Does Percy Leach live here?" Then she said, "Tell him Rosie wants him to go and bail her husband out." I had to go to work and said I would knock the missus up. I did so. When I got outside I saw two policemen. I do not know if they were detectives. There were two men and three women. I cannot give you a bad character. You have paid your way.
Mrs. LEACH (prisoner's wife). On the 7th the landlady knocked me up and said my husband was wanted by a woman named Rose to go and bail her husband out. I told the landlady he could not do it; he went down to see her. Then a woman came up and asked for his clothes. I said, "You cannot have them," and wanted to know what was the matter. She said, "It is no use making a fuss; two splits have got him at the door." I called to him to come up. Two detectives then came into the room and they all four left together.
(Thursday, March 9.)
to me, "What are you doing in this part of the world?" I said, "To tell you the truth, Pearce, I have heard my missus is stopping out here with Hilda Metcalf," meaning Mrs. Manning, "Do you know where she lives." He said, "I know she lives in Chaplin Street, but I don't know the number." We all walked up to Forest Hill Station, where I met another young man and asked him whether he knew where Mrs. Manning lived. He said he did not, but "I can tell you who does," pointing to Pantin, who was outside a coffee-shop, "he is always in and out there." I said to Pantin, "Is that right, you are living at Hilda Metcalfe's, meaning Mrs. Manning." He said, "No, I am not stopping there; I run and get their errands and light their fire for them in the morning." I then said, "Do you know whether there is a party of the name of Rose stopping there?" He said yes. I said, "Would you mind running down and asking her whether she would come and meet me." He said, "Who shall I say?" I said, "Tell her it is a tall, slim fellow." He went and came back and said, "She is not there; she has gone by train." I went down myself, and on being there ten minutes Doe and Leach came down. Doe, I think, knocked and Mrs. Manning said to me, "There is two friends of yours outside." I said, "There is only one," meaning Doe. She said, "You had better ask him in," which I did. She asked us if we would have any tea. Me and Doe went out to get tea. We saw Pantin again at the coffee-shop. He said, "Hullo, are you off." I said, "No, we are just going down to get a bit of something to eat." When we got back we found Pantin talking to Mrs. Manning. As we went in he said, "All right, I will bring the coals round later on." About 5.30 my missus came in. She said, "Hullo, what are you doing over here." I said I had come over after some collars and ties. She had a cup of tea and went out, leaving me, Doe and Mrs. Manning together. We talked a considerable time; then Mrs. Manning said, "I must see about washing and going out." We all went out of the house together. We got to Forest Hill Station about 8 or 8.20. Mrs. Manning said, "I am just going on the 'phone to Detective Moir." She returned in about a quarter of an hour and said it cost her 5d. Then we went into the "Signal." At the corner of London Road she said, "Here is Detective Moir; I am off; follow me up." We did so. She talked to Detective Moir under a lamppost in a turning out of London Road. We came back and saw Leach still talking to some friends; I do not know who they were. That was 8.35. I said to him, "We are going up to Lordship Lane; are you coming?" He said, "No, I will follow you up." Me and Doe saw Mrs. Manning going towards Lordship Lane and followed her. When we got there we go over to them. That was close on nine. After talking some time we went to have a drink. On the way at the other side of Lordship Lane railway arch she said, "Ain't that Percy Leach over there?" I said "Yes." She said, "Call him over," and me, Doe, Leach, my missus, and Mrs. Pantin went to the "Grove," where we had I do not know whether it was one or two drinks and a bit of something to eat. My missus and Mrs. Pantin left about 10, my missus saying, "I won't say good night; we might
see you later at Catford." We stopped there till about 10.30. Me, Doe, and Leach called at the "Swiss Cottage" and then went on to Catford and a police constable came up and sprang on me and Doe as if a cat was springing on a rat. Doe got away and I tried, as I thought he was locking me up on account of having a row with a young woman named Julia about her husband. When he gets me over the bridge up comes Mrs. Manning and another young woman and my missus. The constable says, "I arrest you for breaking that woman's gas-meter open." I said, "What gas-meter? I know nothing about no gas-meter so I will come quiet." Some time after I was in the station Detective Moir came to me and said, "Hullo, what about this gas-meter?" I said, "I know nothing about no gas-meter." He said, "All right; I will have to take you to Sydenham station." At the station he kept on coming two or three times, saying, "You had better tell me the truth; you know about this gas-meter; it is no good saying you don't because you do, and you know you was in the house." I said, "I admit me and Doe being in the house to tea, but as for the meter I know nothing at all about it." Pantin has said where I was supposed to be seen. It is 50 yards from the top of the street to the lodging-house. At that distance it would be impossible to identify. I say Pantin was thinking "Harman has come back and found his wife out; what is the best way to work him out of it," and the blame has been entirely put on me for spite.
Cross-examined. I was not in the coffee shop in the afternoon, where Pantin says he saw me. It was 1.30 or 1.45 when I sent him down to Mrs. Manning. While we were in Mrs. Manning's we did not talk about the gas-meter. Mrs. Manning gave Doe 1s. to buy food, of which we spent 2d. We were very friendly together. I think the reason why she brought this false charge is that she had an idea if I took my wife away she would be left on her own. We left the house about eight.
RICHARD DOE (prisoner, on oath). I met Harman in Bridge Street, Deptford, this day. It is four or five miles to Forest Hill from there. It was the first time I had been in Forest Hill in my life. We met Leach. When we got to the other side of Forest Hill Station Harman walks across to some chap that was selling flowers. I do not know what he said to him. He came back and said to Leach, "Call that chap that is in that coffee shop for me." The chap was Pantin. Harman said to him, "Are you living down in Hilda Metcalf's place? "He said, "I am not living there exactly; I am down there occasionally and have a bit of food and runs their errands." Harman then said, "Do you know a woman named Rose? "Pantin said "Yes." Harman said would he mind going to see if she was in. Pantin said should he mention names. Harman said, "Tell her a rather tall, thin fellow." When he came back he said, "Hilda says Rose is not in now; she has gone by train somewhere, but she would not be long; whoever you are you had better come down and wait." Harman goes down and leaves me, Leach, and Pantin talking. Pantin wanted to know the particulars. He said, "Who is he?" I said,
"This is Mrs. Harman's husband." He seemed a bit wildishfied, and left me and Leach talking. I said, "I hope he ain't going to be long." After about a quarter of an hour me and Leach walked down. I knocks at the door. Mrs. Manning opened the door. I went in. She was making or going to have a cup of tea. She said she had something for us to eat, but on looking she found she had nothing. As she did not want to make a fool of us, after asking us to have something to eat, she bungs me a shilling to get something. I said to Harman, "We will both go and then there will be no talk." We goes out, and as we gets to the top Pantin was peeping round the corner. He said, "Hullo, are you off?" rubbing his hands pleasified. I said we were going to get something for tea. We got twopennorth of fresh herrings. When we got back we met Pantin at Mrs. Manning's. Mrs. Harman came in about five or 5.15. Mrs. Manning said to her, "I thought you was coming back at four?" She said, "I could not get away." She did not say where she had been. She said, "I have to go somewhere particular; I cannot stay; give us a cup of tea." She got away very quick, saying, "You know where to see me later." She left me and Harmer and Mrs. Manning in the kitchen. About a quarter of an hour afterwards a tap came at the front door, like with a knuckle. She said, "I wonder who is that." She crept to the door, opened it, and was whispering to someone. She said it was Pantin. I said, "What does he want?" She said, "He came down to see if you two was gone; he is always dodging and squinting about here." Then she said, "Time is rolling on; I must wash and dress and get to go on the phone to phone to Detective Moir." I said "Who?" She said, "Don't you know Detective Moir?" I said I did not know him. She said, "I have been on the 'phone to him many a time. I am going to phone about my chap." She had been talking about a chap she had been living with. As we went out it struck eight by the Forest Hill clock. I noticed Leach and two or three more standing by. That was the first time I saw him that day. Mrs. Manning said, "I won't be long; wait for us, Era," and she popped down on the 'phone. Up she comes. She said, "That settled him all right; it has cost me f—g well 5d." I said, "5d. on the 'phone?" She said, "Yes, all that I can hear them say is, 'Shove a 1d. in; shove a 1d. in.' "She said, "I have to meet Detective Moir in 10 or 15 minutes' time up London Road. After we had a drink we walked to the corner of London Road. All of a sudden she says, "There is Mr. Moir across the road; follow me up." She ran across. I did not know Mr. Moir. They were talking under the lamp. We walked back to the corner where Leach was. It was then between 20 and 25 to nine. I told him Mrs. Manning was with Detective Moir. Leach, Harman, and I remained in the "Grove" till half-past 10. At Catford Bridge Harman was rowing with a woman about her husband. All of a sudden a copper rushes out, got hold of me and Harman, and started shaking us. I ran down a side turning and Harman goes another way. I ran down to see if I could see Leach. I Wondered what Harman was locked up for. I went to my uncle's at
Deptford and stopped there for the night. When I was arrested on the 14th on this charge I said, "I know nothing about the meter." I was then about four and a half miles from the scene of the robbery. Pantin says he saw us come out of the house between half-past eight and nine. One witness says he saw me at an election meeting from 8.45 to after 10. We were not out of Mrs. Manning's company a quarter of an hour, and that was while she was talking to the detective.
EDWARD PANTIN , recalled. They came out of the house between 8.30 and nine. It was after nine when I was at the political meeting outside the "Railway Hotel." I did not know anything about the robbery then.
Verdict, Leach, Not guilty; Doe and Harman, Guilty.
Doe confessed to a conviction of felony at Greenwich on March 12, 1904, and other convictions were proved against him.
Sentences: Doe, Five months' hard labour; Harman; Five months' hard labour, and Three months' hard labour on the bigamy charge, to run consecutively.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 28.)
Mr. Beaumont Morice prosecuted; Mr. Curtis Bennett defended.
HELEN SILVER , wife of Henry Silver, licensee "Queen's Arms," Walthamstow. On February 4 at 8.30 p.m prisoner asked for a glass of ale, 1d., tendered 1s., which I at once saw was bad. I said, "What do you call this? "He said, "I don't know—what is it?" I said, "You know what it is—it is a bad one." There were a lot of lads with him, who were making a disturbance, and I called in a constable. Prisoner demanded the coin back. I refused to give it him and said I should break it up.
Police-constable JOSEPH OSBORNE, 65 NR. On February 4 at about 8.30 p.m. prisoner was given in charge by Mrs. Silver, who handed me bad shilling (produced), dated 1899. On searching him I found another bad shilling, dated 1910, a florin, 6d., and 1s. 9d. in bronze, good money. When I told prisoner the second shilling was bad he said, "That is hard luck. I do not know how I got them. I have been selling kippers and rabbits all day. I sold five boxes to-day." When charged he said, "All right, sir."
man named White hawking five boxes of kippers and 18 rabbits. We finished at 6.30 p.m., having taken 36s. 4d., on which the profit was 12s. 6d., of which I received alf—6s. 3d. I went into the "Queen's Arms," called for a glass of ale and tendered the shilling (produced), which Mrs. Silver said was bad. I asked for it back, the refused to let me see it. I was asking other fellows in there to have a drink. I stood there a food 10 minutes wanting the coin back before a constable was fetched. I had no idea that either of the coins was bad.
Verdict, Not guilty.
BEFORE THE RECORDER. (Tuesday, February 28.)
The circumstances of the offence were such that the Recorder post-poned sentence till next Sessions in order that the Medical Officer at Brixton Prison should have an opportunity of keeping observation upon prisoner and reporting as to his state of mind.
BEFORE MR. JUSTICE DARLING.
(Wednesday, March 1.)
Mr. Travers Humphreys prosecuted; Mr. F. St. John Morrow de-fended.
FRANCES ALLEN , wife of Samuel Edward Allen. Prisoner is my sister. Her only child, the deceased girl, was 16 years of age. When-ever I saw prisoner and the child together they always appeared to be on very good terms; prisoner was passionately fond of her. The last time I saw prisoner was last November at Whipps Cross Infirmary; she was suffering from rheumatism.
Cross-examined. Prior to seeing my sister in November I had not seen her for over a year and a half; she then looked very much older and worried and complained of pains in her head. I stayed with her one night in December and she was then very excited; I was afraid to leave her. Prisoner and deceased were always on good terms.
HENRY JAMES FEAST , 173, Sherwood Road, East Ham. I occupy the flat immediately below the flat occupied by prisoner and her hus-band; he used to go to work very early in the morning. On Janu-ary 25 I came home about six o'clock; Mr. Wilkinson blocked at my
door and spoke to me; we went and tried to get into his flat, but we could not.
Dr. THORNTON, 573, Romford Road. In the evening of January 25 I went to the flat of prisoner. In the front room I saw the body of the deceased girl lying in her night dress; she had been dead at least 12 hours. Her face was swollen; there was some blood on her face and on the pillow. Prisoner was in the same room in her night dress; she had blood on her face and neck. I examined her and found her throat had been cut, but not dangerously. I saw a razor there with blood on it; she said, "Take it away, take it away, what made me do it"; she was rather excited. I advised her removal to the infirmary. On January 29 I made a post-mortem examination of the deceased; I found extensive injuries to her head, which could have been caused by the mallet produced; death was practically instantaneous.
Cross-examined. Prisoner was in a dazed condition; she did not seem to realise her position.
JOSEPH MUIR , Medical Superintendent, Whipps Cross Infirmary. Prisoner was admitted on January 25 and stayed till February 23. She was in the infirmary three times altogether; on one occasion she was in the Observation Ward as a mental case for two days; then she was transferred to the General Ward, as there was no evidence that she was insane. I am familiar with the history of this case; my definite opinion is that she was not responsible for her acts when this took place.
Inspector ALFRED BALL. On January 25 I went to 173, Sherwood Road, where I saw prisoner; she seemed dazed and wandering. She was removed to the ambulance; on the way to the ambulance she said, "I did not want to do it; my poor Dorothy did not feel it; I did it when she was asleep." On February 23 I went to the infirmary and told her I should take her into custody for the murder of her daughter; she made no reply. On the way to the station she said, "My poor girl, she has never been out of my thoughts for a minute; my husband has driven me to this; he is very cruel to me and he made my girl's life a misery; I would not have cared if he had been kind to her; I would have left him, but he said he would give up his work and I could not work for my girl since I have been crippled." Later she was charged with murder and made no reply.
Cross-examined. I have made inquiries about her husband being cruel, and as far as I can say it is untrue; it seems to be a delusion on the part of the prisoner; the whole family seem to have been on affectionate terms.
Dr. TURTLE, Assistant Medical Superintendent, West Ham Infirmary. On January 25 I received prisoner; she was very distressed and dazed. I do not think she was responsible on the 25th when she committed this murder; there was no motive for the action; she remembered the whole event so badly, and yet she felt that she did it; she told me she would have to take the consequences; when I asked her whether she remembered hitting her daughter she said she did not do it.
Dr. SILVER, Resident Medical Officer, Holloway Prison. I have had prisoner under observation; I have no doubt that at the time she committed this act she was insane and did not know what she was doing.
Verdict, Guilty, but insane at the time. Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 2.)
ROLLS, William (40, carman), DEDMAN, Henry George (28, carman), and PARKER, Charles (43, butcher) , Rolls and Dedman, stealing one carcass of mutton, the goods of the Union Cartage Company, Limited; Parker, receiving the said carcass of mutton, well knowing it to have been stolen.
Mr. Frampton prosecuted. Mr. Landers defended Rolls and Dedman.
GEORGE INGLEDEW , sub-manager to Union Cartage Company. My company is engaged in carrying meat from the docks, etc., to the market. Rolls and Dedman were carmen in our employ for about 20 months. On February 14 they were instructed to cart meat from the Victoria Docks to Palmer's Stores; West Smithfield. Dedman drove van No. 52 and Rolls No. 38. The two large documents handed me are the daily journey sheets; the two smaller ones the tip notes given by the foreman at the docks. They give the quantities of the loads of Rolls and Dedman. We have never delivered goods to Parker.
Cross-examined by Mr. Landers. The daily journey sheets show the time when the van left the yard. On each of the vans 195 carcasses were put. Out of the 195 on van 38 there were 154 marked T.T.T. Those 154 were all delivered. 194 altogether were delivered of that load. Van 52 had 175 marked 3 Ts. The full number of 195 was delivered.
GEORGE HILL , cargo superintendent, P. and O. Branch Service. On February 14 the "Geelong" was lying at the docks with a cargo of frozen mutton, some of which was delivered to the Union Cartage Company's carts. Dedman signed for 195. Of the total cargo 2,454 carcasses were marked 3 Ts, of which 2,450 were delivered, and for which we hold receipts.
Cross-examined by Mr. Landers. The 195 on Rolls's van consisted of 41 XL Ewes and 154 3 Ts; on Dedman's van 175 3 Ts and 20 XL Ewes.
Cross-examined by Parker. The 2,000 sheep were all marked the same. I could not pick out the five by the mark. We started unloading the meat the day before. These carcasses were unloaded on the 14th.
I hand a note to the carmen stating the quantity on the vans. I take the marks from the clerk who loads the van. The loaders sort them and they are called over to the clerk who enters them on a card, and I take them off that. If I am told to collect 1,000 carcasses of a certain mark I look for 1,000 of that mark. If there are any of a different mark we return them to the ship. The receipts are signed on the ship.
Cross-examined by Mr. Landers. Rolls's van was loaded at 10.25 and Dedman's at 11 a.m. They are allowed a quarter of an hour to go to the office to get a pass to go out of the dock. Rolls left the dock first. There is delay sometimes in getting away.
Cross-examined by Mr. Landers. The carmen check the meat into the vans. Mistakes are made occasionally; then the vans are turned out and the carcasses recounted. Occasionally a carman has said his van turned out short.
Inspector WILLIAM BURRELL. On February 14 I was in Queen's Road, Canning Town, before 11 a.m. Parker has a butcher's shop at No. 23 in that road. Sergeant Woollard was about 20 yards away. I saw two vans driven by Rolls and Dedman drive up Crown Street almost to the corner of Queen's Road. Rolls and Dedman got of their vans. They went to the rear of the van driven by Rolls. Just before the vans drove up Parker walked to the corner of Crown Street, looking in the direction of where Rolls and Dedman were standing. He made a signal with his hand and returned to his shop. Rolls and Dedman then took out from Rolls' van two carcasses, and each carried one into Parker's shop. They all came outside; Parker passed something to Rolls, which seemed to me at the distance to be a florin or half-crown. Parker went back and the others went off on their vans; I followed them into Barking Road. I then found Sergeant Woollard and Police-constable Hancock and took them to Parker's. I said to him, "I am a detective-inspector, and I have seen two stolen carcasses of mutton brought into your shop by two carmen in charge of two vans of the Union Cartage Company." Parker pointed to two carcasses and said, "There is two there." I said, "Those are the two I saw brought in." He said, "No, I bought them at Smithfield Market this morning." I said, "Who delivered them?" He said, "I don't know." I said, "You will be charged with receiving these two carcasses knowing them to have been stolen." He said, "All right." On the way to the station he said, "Have you arrested the other two, the two carmen." I said, "No." He said, "I suppose I shall have to put up with it."
Sergeant ARTHUR WOOLLARD. I was not near enough to see the numbers on the vans. (This witness corroborated Inspector Burrell as to the transaction between the prisoners.) About four in the
afternoon I saw Bolls and Dedman at Smithfield standing against a large building facing Palmer's Stores. Inspector Burrell told them they would be arrested, and he began to walk away with Dedman. I then said to Rolls, "I am a police officer," and told him the charge also. On the way to Snow Hill Station he said, "I am not the only carman that passed through Victoria Dock Road, but I admit going through the side streets to avoid the traffic." Queen's Road is a quarter to half a mile out of the direct road from the dock to Smithfield.
Police-constable FRANK WAITE, 12 K.R. I produce plans showing the locality. Queen's Road is 300 yards out of the direct route from Victoria Dock to Smithfield.
(Friday, March 3.)
Detective HANCOCK. Shortly after 11.30 a.m. on February 14 I went to Parker's shop. I saw Inspector Burrell there. I saw two carcasses of frozen mutton just inside the door. I took the tabs off of them, Nos. 36 and 46, and took them to the station. They are marked T.T.T.
JAMES WALLACE , carman to Union Cartage Company. On February 14 in the afternoon I saw van 38 at Palmer's Stores. I unloaded it about an hour afterwards. Garwood, the checker, was there also. One hundred and ninety-four carcasses were unloaded.
Cross-examined by Mr. Landers. I also assisted in unloading van 52. I did not check the marks; that was done by a man in the stores. Rolls's van was one short. Dedman's turned out 195.
To Parker. I have seen sheep of this brand on the market before.
ERNEST HENRY GARWOOD , clerk at Palmer's Stores. Two thousand four hundred and forty-nine carcasses, marked T.T.T., were received at the stores from the Union Cartage Company. Van 38 delivered 194 and van 52 195. None of this mark were put on the market till the later end of that week.
Cross-examined by Mr. Landers. Van 38 delivered 154 marked T.T.T., 10 marked XL, 101 and 30 XL, 101 A.
WILLIAM ROLLS (prisoner, on oath). When my van was loaded up I signed for 195 carcasses. I was not there to deliver. I had been arrested. I did not notice how many were marked T.T.T. I left the docks at 10.35. The road I took was straight out of the docks; it is about 400 yards from the level crossing. When we get over the line we turn to the left. When the bridge is rather heavy loaded with traffic there is a road called Sevilla Road which takes you out into Rathbone Street, which takes you into Barking Road. I did not go anywhere in the direction of Queen's Road. I admitted to Sergeant Woollard that I took a bye-way to avoid some congestion of traffic. That was nowhere near Queen's Road. I took the
direct road from the dock gates to Smithfield and always go the same way, the road the majority of us go. I arrived at Smithfield Market at 12.45 and stood there talking to other carmen till just on 4. We have to wait our turn to be unloaded. I have been employed by the Union Cartage Company 18 or 20 months. I worked for Cornell's for seven years before that.
Cross-examined. I have never been in Queen's Road in my life. There were a tidy few of our company's vans at the docks that day. One or two left before me. I cannot suggest which of the company's vans was in Queen's Road that day. Inspector Burrell might have seen me in the turning going out of Rathbone Street. I had never seen Parker in my life till the Friday. Dedman left after me. He passed me at the Iron Bridge. I got stuck with my horses on the second bridge. That is where Dedman passed me. Then I passed him again in the East India Road.
HENRY GEORGE DEDMAN (prisoner on oath). My van 52 was loaded with 195 carcasses. I left the dock at 11.5 a.m. I came straight out of the white gates, across the level crossing, turned to the left into the Victoria Dock Road, when I came to a block in the traffic. I turned to the right to Hallsville Road, which runs into Rathbone Street. When I got to Barking Road I turned to the left over Canning Town Bridge on to the Iron Bridge, where I met Rolls stuck with his horses. When I got the other side of the Iron Bridge Rolls passed me. I saw nothing more of Rolls till I arrived at Palmer's Stores at 1.15. I was never within quarter mile of Parker's shop. I have never seen Parker in my life before. I took no carcasses off my van or Rolls's van that morning. I took my turn with the other carmen waiting to be unloaded when I was arrested. I was wearing no uniform; we were dressed as we are now. I worked for the L.C.C. over seven years. I came to this firm with a good character.
Cross-examined. On the way from the docks I saw nobody except Rolls. On the road we sometimes stop and have our dinner or a cup of tea. On this day I had not a halfpenny to help myself and never stopped at all. I have nobody here who saw me on the road. I have not suggested till to-day that was the road I took except to my solicitor. At the police court I did not speak at all.
Mrs. ELBORNE, dressmaker, 22, Queen's Road. (Examined by Parker.) On February 14 in the morning I saw two vans come down Crown Street, not quite to the corner. I did not see you come to the corner and raise your hand. There was nobody at the corner whatever. (To the Judge.) I did not see what the carts were loaded with. They stayed there two or three minutes, then they went back. Parker did not come out.
Mrs. HEGARTY, laundress. On this morning I was in Mrs. Elborne's shop. I saw two vans come down the street between 11 and 11.30. I did not see you go to the corner and make a signal with your hand.
Cross-examined. They were white vans. I did not notice the men get down. All the time they were there I was talking with Mrs. Elborne. We did not talk about the vans. I could not recognise the men who were driving the vans. If Parker had come out of his shop we should have seen him.
Mrs. COOPER. I am in Parker's service. (To Parker.) I saw you go to your coat pocket on the morning of February 14 and get a bill out. You gave it to Inspector Burrell and said "Here is a ticket of four sheep." After you were arrested I saw some sheep taken out of the ice-box; I do not know how many.
Cross-examined. The ticket had "four sheep" on it. I could not say how long the ticket had been in his pocket. I know nothing about these two carcasses.
CHARLES PARKER (prisoner, on oath). About quarter past eleven I was in my shop. A man came to me. He said, "I have two sheep for you." I said, "All right, bring them in." I was serving customers at the time and could not give him attention. I did not actually see the first sheep come in the shop. I saw another man bring the second one in. I went inside and saw the sheep there. The man who had bought the second sheep went away. I was waiting for the first man to come and give me some explanation, but got none. I left the sheep standing where they were in their cloths with the tickets on. The police came after twenty minutes had elapsed. I had plenty of time to remove the cloths and labels if I had any felonious intent. When Inspector Burrell came I immediately pointed the two sheep out to him. As regards the statement that I said I got the meat at Smith field, that referred to the meat in the ice-box.
Cross-examined. The ticket for the four sheep with the weights on is the ordinary market ticket. I cannot be sure whether it had a printed heading. Perhaps all Mrs. Cooper could see on the ticket were the words 'four sheep. I got the ticket from the market from one of the salesmen. I do not know which. Sometimes I come home with seven or eight different tickets. I pay for all my meat cash. As a matter of fact I tear these tickets up in the train after I have satisfied myself the amounts are correct and the weights. I cannot tell you the exact amount I paid for the four sheep. It would be a little over £2. I did not pay for the two that were put in the doorway. I did not know who they belonged to. I had not seen the men before nor since. Rolls and Dedman were not the men.
Verdict, (all) Guilty.
Sentences, Parker, 12 months' hard labour; Rolls and Dedman. (each), Four months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 9.)
SAYERS, Louis (30, dealer) , stealing four gas brackets and one pendant, the goods of the Gas Light and Coke Company; maliciously causing grievous bodily harm to Joseph Payne, a Metropolitan police-constable, in the execution of his duty, with intent to prevent the lawful apprehension of him, the said Louis Sayers.
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted.
Mrs. FLORENCE BENFIELD, 47, Lawrence Street, Canning Town. I am employed to clean No. 48. It was unoccupied. On February 15 the gas fittings were perfect. On the 17th, about 10 p.m., I noticed a light in the kitchen downstairs.
Detective-constable JOSEPH PAYNE. On February 23 I was on a tramcar going along Freemason's Road, Custom House, about 11.30 a.m. Prisoner was on a bicycle; there was a brown paper parcel on his back carrier. I got off the car and kept him under observation. He stopped at 101, Freemason's Road, a metal dealer's, and went in. I followed. I told him I was a police officer and said, "What have you got there?" He dropped the parcel and said, "Look." I found it contained gas fittings which have been identified. I said, "Where did you get them from?" He said, "It is your place to find out." I said, "Well, I shall take you into custody for the unlawful possession of them." He said, "That you can never do; it is me and you for it." He at once caught me by the throat and threw me to the floor. I held him by the collar and sleeve. He shouted, "Let me go, you bastard, or I will kill you," at the same time he wrenched my right hand apart. I heard something snap and lost my hold of prisoner. He ran towards the street door. The middle joint of my finger was broken. I struck him on the head and he collapsed. I called to the dealer to go for help. He came across the stores and said, "Louis, why don't you keep quiet." He fetched assistance and prisoner was taken to the station. When formally charged he said, "I do not know where Lawrence Street is." He was also charged with inflicting grievous bodily harm.
Cross-examined. I live in the same house with this man. I was with him the whole evening on the 17th and all day 18th. He very seldom goes out at night time. On the 19th he was indoors with us.
On the 20th he was looking for work. On the 21st I believe he was out, but not at night time.
LOUIS SAYERS (prisoner, not on oath). I came by this stuff on the night of the 22nd ult. About 9.30 I was coming up Barking Road from the Green Gate over the sewer hill, when I saw a man climb over the railings. He had a parcel under his arm wrapped up. It was dark. I thought, "That is funny, there is no thoroughfare that way." I stopped five minutes till the man came back; he was then minus the parcel. He went down the road. I slips over the hill and thinks he has left it somewhere. I look up and down and could not find it. I went home. I thought, "That seems funny, I will go and have a look to-morrow when it is daylight." I took my bicycle out about 10.50 a.m. and rode down there. There is a thoroughfare on this sewer bank. I rode in and looked along some backyards. I saw a parcel in an empty shed in an unoccupied house. I thought it was old iron. I strapped it on the bicycle in a hurry, because people night be coming out into the back yards. I was going to my mother's to see if they had any boots for me to repair. I was going slow. I saw Payne jump off the tram and walk across the opposite side. I thinks, "Hullo, he thinks I have got something here." I did not know it was stolen or I should have gone back again sharp. I took the parcel off the bicycle, never offered it for sale, never put it on the scale. If I had known it was brass I should have put it on the scale and asked what he would give. I did nothing of the kind. I walked in, took the parcel, and said, "I will see what I have got in here." Payne come in. I said, "I will have the laugh of you." He said, "What have you got?" and undone it; he said, "Gas fittings." I thought to myself, "The table is turning on me; instead of having the laugh of you you will have the laugh of me." I thought to myself, "I do not see the fun of being locked up for what another man has done." That is why I tried to run away.
Previous convictions were proved.
Sentence, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 1.)
SMITH, John (33, shoemaker), and HEMINGWAY, Alexander (29, fitter) , breaking and entering the dwelling house of Leopold Richard Jeffs and stealing therein eight insurance policies and other articles, his goods, and feloniously receiving the same.
consequence of what she told me I went down about 8.30. I found a pane of glass had been removed. I found the kitchen cupboards and drawers had been turned out and papers that were in the cupboard lay strewn on the table.
Detective-sergeant LAMB. At 10.15 a.m. on January 22 I went to 11, Cromwell Road. I found the centre pane of the scullery window had been broken and that an entry had been effected apparently by pushing back the catch and lifting the window. There were a few papers strewn on the table. I should say the window had been opened from the inside. This writing desk, the boots, and money-boxes were found in the greenhouse at the rear of No. 9. The money-boxes were open and empty.
Detective-sergeant J. JOSLIN. I was present with Inspector Bad-cock at Wandsworth Common Police Station on February 2. Prisoner Hemingway was here. He said to Inspector Badcock, "Darling" (referring to Smith) "was breaking into a house at Cromwell Road, Wimbledon, and was stopped with a bag. From then we arranged to do the job, but I done it and these are the boots and he had the money "; he was referring to the boots that have been produced which he was wearing at the time.
Detective-sergeant JOHN GILLAN. I was present when Smith was committed for trial. I know him by the name of Darling.
Inspector GEORGE DUNCAN. At 3.30 a.m. on January 22 I was in Chivalry Road, Battersea, with Police-constable Woden. I saw Smith leaving Wandsworth Common. He was walking very quickly and was carrying a leather handbag under his arm. I called on him to stop. He took no notice. I then went after him, stopped him, and said, "Where did you get that bag?"; he said, "You find out." I said, "If you do not tell me how you became possessed of it I shall take you into custody"; he said, "I shall tell you nothing." He was then taken to the station. The bag contained all the property stolen except the boots and watch.
Sergeant ALBERT WODEN. I was with the last witness and accompanied him and Smith to the station. On the way Smith said, "You have got me and you have got the bag. This will only mean doing a stretch. I walked all the way from Wimbledon, but you are the first copper who has stopped me all the way."
SMITH put in a long written statement, the effect of which was that he had been drinking from about 4 p.m. till closing time on the day of the robbery. He was then drunk. He was with Hemingway in a public-house that afternoon. The latter asked him to go to Newington Butts to get a bag. He did so. He waited at the public-house
till closing time, thinking Hemingway would come for the bag. After that he waited outside. If he had got home with the bag he was going to take it to Tooting to see if he could find Hemingway. If he did not find him he was going to take it to the police.
ALEXANDER HEMINGWAY (prisoner, on oath). I met Smith on the day of the robbery. I was with a man named Bell. We were together till closing time, drinking in public-houses. Bell got locked up for being drunk and disorderly. About 2.15 a.m. I was at a coffee-stall in Tooting Broadway. I do not know where I went between 12 and 2.15. At the coffee-stall I met a man I knew who was just discharged from penal servitude. He asked me if I wanted to buy a watch and a pair of boots. I gave him 2s. for the watch, which I afterwards sold to the coffee-stall keeper for 2s. 6d. Just before I left the man from whom I bought the watch said, "Where are you going." I said, "I am going to Newington Butts." I was stopping at Rowton House. He said, "It is Sunday morning, you cannot get a tram." He walked as far as Balham Station with me and gave me a bag, saying he had to go to Merton and if he did not he would get in a row with the missus. I met Smith Sunday dinner-time and took him to Newington Butts to get the bag. I lost him on Sunday night and heard on Monday morning Smith was arrested in possession of the bag.
Cross-examined. We were all drunk. Smith had been thrown out of a public-house and the other man was in custody for being drunk and disorderly. At 12 o'clock I was ejected from the "Angel," Tooting Broadway. I went towards Balham Station, intending, as far as I can recollect, to get a tram to Newington Butts. The only thing I can recollect is meeting this man at Tooting Broadway coffee-stall at 2.30, because they told me there was no tram after one o'clock. I was introduced to the ex-convict by Bell. I only know him as "Ginger." He told me the watch and boots were his own and he wanted to raise a few shillings. The bag was not mentioned when I bought the boots. I took the bag and promised to meet him on Sunday night at the "Castle," Tooting Broadway. Smith and I were in a public-house; I said to him, "Look after it while I go into the urinal." When I came back in ten minutes the public-house was closed and Smith was gone. I know where Cromwell Road is; I used to live in the locality. I did not say to the police, "I done the job and these are the boots I have on." Inspector Badcock said to me, "Do you know young Monarchy Darling?" I said, "Yes, he has been arrested on a charge of burglary at Wimbledon."He said, "You were with him."I said, "No" At that time I did not know what the burglary was, and it was not till I was charged on another charge at the South-Western Police Court that I was charged with this charge.
Verdict, both Guilty. Numerous previous convictions were proved. Sentence, Hemingway, 21 months' hard labour; Smith, 18 months' hard labour.
Mr. Wing prosecuted; Mr. Lever defended.
JOHN DEANE , Duffryn Lodge, New Maiden, blind maker. In January, 1910, I had some business with a Mr. Perrin which involved the purchase by me of a green silk tapestry drawing-room suite. It was carted over by Mr. Perrin's man to 28, Milton Road East, prisoner's address. Prisoner was to sign a hire purchase agreement when called upon to do so. In January last I asked him to execute the agreement for certain reasons. He has paid 5s. only; that was on the day of signing.
Cross-examined. I deny that the furniture belongs to Mrs. Abrahams. I have known her six or seven years. Her sister has been my mistress for many years. Mrs. Abrahams was servant with us I remember her being married to prisoner. I took him into my employment some time afterwards. I used to visit them. I did on one occasion say I wished to see them comfortably settled down and would give them some furniture. The reason the agreement was not entered into when the furniture was delivered was that he was in my employ as traveller and was working very hard. He told me he was going to the Midland Furnishing Company. I said, "Why not have it from my customer; I can get it at the absolute lowest possible price and will not charge a single farthing profit, but seeing you are in my service I must ask you to sign an agreement." Mrs. Abrahams did not have a quarrel with me on January 19. She did not advise me to go and live with my wife and leave her sister alone. She did not see me at my place of business. She saw me outside. She made no charge about my conduct with her sister. She complained of my keeping her husband away from his home at night, a thing I have never done. I had a conversation with prisoner next day. He did not tell me as the result of what occurred between me and her she had threatened to sell the furniture. He wanted to borrow some money from me to go to a solicitor to draw up a deed of separation as his wife threatened to sell the furniture, and he must protect it in view of his promise to me. I did not say in order to protect the furniture and prevent her from selling it we could draw up this hire purchase agreement. He borrowed £1 from me to go to a solicitor. I did not say, "If you sign this agreement I will not touch the stuff." The agreement was drawn up at prisoner's request, and I consented to it being dated October 6 because he wanted to show that the agreement had been entered into at a certain date when he left my employment. The 5s. was paid out of the £1 he borrowed from me. I have always asked prisoner for instalments when I have seen him. I told prisoner I should remove the goods when he threatened to smash it up on February 7. I have never said that the furniture was Mrs. Abrahams'.
(Thursday, March 2.)
together. The brokers were in at the time, and they said they wished to sell some furniture to pay the brokers out. I gave £3 7s. 6d. for a suite of furniture, which was the amount needed to pay the brokers out. This is the receipt. It was signed in my presence by Mr. and Mrs. Abrahams. They hired it from me under an agreement at 10s. a month. They gave me to understand it was their furniture, and they referred me to Mr. Deane for the receipt.
Cross-examined. Mrs. Abrahams said Mr. Deane had bought the furniture for them. I spoke to Mr. Deane on the telephone. Mr. Deane did not say, "I should like to see Mrs. Abrahams run in." He said, "I have a hire purchase agreement on this stuff. It is my property and I claim it." He may have advised me to prosecute prisoner, but I am not certain. He said, "If you cannot get your money you know what to do as a tradesman." I paid the £3 7s. 6d. to prisoner. Mrs. Abrahams was crying and prisoner said, "Will you pay the broker? I cannot do it." He appeared to be too upset. I said, "If you will come in the room I will do it for you."
Detective EDWARD HUNT, V Division. On February 11 I went to 28, Milton Road. I saw prisoner, told him I was a police officer and held a warrant for his arrest. I read the warrant to him. He said, "I have nothing to say now. When was the warrant taken out?" I told him. He asked if he could communicate with his solicitor. I told him he could and we would give him every assistance, which we did.
LOUIS LYON ABRAHAMS (prisoner, on oath). This furniture was bought at Perrin's in January, 1910. Mr. Deane visited us a lot and did not like us to live in furnished apartments as he had known the wife for years. He found a house for us, gave the references and bought the furniture. Never a word was mentioned about paying for it or entering into a hiring agreement. The furniture is still at Milton Road. On January 19 last my wife went to Mr. Deane's shop and accused him of keeping me out at night. In the course of conversation she said he had better go to his wife and let her sister alone. I went on at her for saying what she did. We walked about till 11 o'clock at night. I said I would not go home owing to the way she went on. She was going to sell the furniture next day and clear off. When I got to business next morning I said to Deane, "The wife is going to sell the furniture to-day." He said, "Why don't you sign a hiring agreement so that she cannot." On January 20 the agreement was drawn up and dated October 6. I left his employ last October and went back in December. I have never paid a halfpenny under that hire agreement. When I got home in the evening on January 20 my wife said, "The brokers are in; I suppose you have not troubled yourself to get money." I said, "I have not got any." She then said, "Cross is coming down to see you; he is going to pay the men out" I did not know Cross till that evening. About 9.30
he came into the kitchen. He said in the presence of my wife, her brother and myself, "We will get rid of the men first." He wrote out a cheque for £3 and sent my wife's brother to the public-house to change it; the 7s. 6d. he paid in silver. Up to that time nothing had been said in my presence about selling the furniture. After the broker's man had gone he sat down and wrote out a receipt and the wife and I signed it. Cross said, "I shall not charge you much for the loan of the money; I am not a moneylender. I can let you have the furniture back if you like by paying a small instalment monthly." It was agreed to pay £5 7s. 6d. 10s. a month. There is noting due till March 7. Some days after that Cross said, "Deane will not do anything in the matter unless you give me a letter saying you appoint me as his agent to remove the furniture." I said to him, "The suite is yours until paid for."
Cross-examined. I did not tell Cross about Deane's hiring agreement because I was worried at the time. I have not much experience of such agreements. Cross did not do the business with me, but with my wife. It is absolutely true that Deane bought the furniture to make a present of to my wife.
Mrs. ABRAHAMS. I married prisoner in 1907. Deane made me a present of the furniture. He has said it was mine in the presence of my brother several times. I remember having some trouble with my husband in connection with Deane. I said I would sell the furniture. When the brokers were in I telephoned to Deane and asked him what I could do in the matter. He told me the furniture was mine and I was to do what I liked. He advised me to call in a local man and try to raise enough on a piece of furniture to get the broker out. He said he had done enough for my husband and refused to do more. I told Cross the furniture was given to me by Deane. On hearing Deane's name he wanted to go round at once. I said, "Wait till Mr. Abrahams comes home, as he may have the money." (The witness corroborated her husband as to the interview with Cross.)
GILBERT ROBINSON . Mrs. Abrahams is my sister. I am 14 years old. I live with her. Mr. Deane has said at least four times that if tradesmen should trouble Mr. Abrahams for accounts my sister was to write to him and he would give a written statement to prove the furniture was hers.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 2.)
STOREHOUSE, Reginald (25, motor engineer), pleaded guilty of obtaining by false pretences from Alfred Readshaw two suits of clothes with intent to defraud; feloniously obtaining from Harry Bateman 11s. upon and by virtue of a certain forged instrument, to wit, a banker's cheque for £1 18s. 6d., well knowing the same to be forged Sentence, Three months' imprisonment, second division.
BEFORE MR. JUSTICE DARLING.
(Monday, March 6.)
Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted; Mr. Abinger, Mr. Macgregor (and subsequently Mr. Roland Oliver) defended.
Police-constable DAVID DAVIS, 545 W, proved plans.
Police-constable JOSEPH MUMFORD, 863 W. At 8.10 a.m. on January 1 I was on duty on Clapham Common. Walking along the path that leads from the bandstand to Lavender Gardens I saw close to the path and lying amongst some bushes the body of a dead man. I just picked up his left hand and dropped it again. I sent for assistance, and other police officers and the divisional surgeon arrived.
Cross-examined. I saw some footprints; I cannot say how many; I did not take an impression of them. There was a pool of blood at the side of the railings and a trail of blood from the railings across the path. The body had a great-coat, the second button from the top being buttoned. The head was lying on the astrachan collar of his coat, and underneath that were some dead leaves. The body was lying flat on its back, and quite naturally, the left arm being exposed and the right under the hip. His hat, which was unbroken, was lying 12 ft. south of the head, on the mould. There was blood on the left side of the coat-collar, on his face, and on the sleeves. There was a collection of blood near the head. This black handkerchief (Exhibit 36) was laid over the crown of his head and tucked into the top of his coat, hiding the top of his head and both sides of the face. This handkerchief (Exhibit 38) was lying on his left-hand side. The face was covered with dirt. I saw the cuts on the right and left cheek on the day of the inquest, January 15; they were from the eye to the mouth. (Mr. Abinger here put in Exhibits 13 and 13A, which were photographs of the dead man, stating that they had been supplied by the Director of Public Prosecutions. Mr. Muir stated that the Prosecution was in no way responsible for them, and he was by no means clear whether they were direct photographs.
Detective-sergeant JOHN BAUSTRIP (New Scotland Yard) produced and proved two photographs he had taken of the body on Clapham Common on January 1 (Exhibit 18 and 19) three photographs at the mortuary showing the body in different positions (Exhibit 8), and an enlargement of one of these latter (Exhibit 8a).
Cross-examined. These photos produced to me (Exhibits 13 and 13a) are copies I have taken of the originals, with which Inspector Ward supplied me. When I took Exhibits 18 and 19 it had been raining.
Dr. FREDERICK FREYBERGER, Pathologist. On January 3 I made a post mortem examination of the deceased's body. I found four scalp wounds and five wounds on the forehead. (Witness described these wounds in detail.) The left ear was torn through horizontally. All these wounds, in my opinion, were inflicted by a blunt metallic instrument; it need not have been heavy, but if not heavy it would have to be used with great force. On the right side of the face there were five cuts and upon the left two. (Witness described these cuts in detail.) The right half of the upper and lower lips was bruised internally opposite the teeth, but the teeth were not loosened. The cuts on the face were, in my opinion, caused by a knife and the injury to the mouth was caused by the deceased falling. I found also injuries on the back of the left hand and on the left forearm. (Witness described these in detail.) They would be caused by the deceased falling. On the body I found three stabs. (Witness described these in detail.) All these, in my opinion, were inflicted with a knife which, taking into consideration the depth of the wounds and the thickness of the chest wall and the clothing, must have been five inches long. I came to the conclusion that they were inflicted very shortly after death, owing to the sharp character of the edges, which were not everted, rounded off and suffused, and the fact that there was only a small quantity of blood found in the abdominal cavity, which would not have been the case if those wounds, especially that in the liver, had been inflicted during life. From the course which they took I came to the conclusion that the body was lying on its back when they were inflicted. There was a smell of alcohol about the contents of the stomach, and from the fact that they were about two-thirds digested I concluded that death took place between three and four hours after the last meal. The skull was extensively fractured and splintered. At the place where the horseshoe-shaped wound was there were two parallel cracks over the whole thickness of the frontal bone corresponding in length and direction with the course of the double wound. In my opinion, the cause of death was concussion of the brain and fracture of the skull, caused by blows. I think the first wound inflicted was the double horseshoe wound on the right side of the forehead, which in itself would be sufficient to cause death. A person receiving such a blow, if standing, would immediately sink to the ground unconscious and death would rapidly supervene. The other blows on the head must have been inflicted after deceased was on the ground. In my opinion, eight blows were inflicted on the head, the first two causing the horseshoe-shaped wound. Blood would come on the instrument and, if the instrument were raised to repeat the blows, there would be sufficient to run down to the end and drop on the hand of the person using the instrument. I think it is possible for the blood to drop upon the assailant's collar. I should think the
knife used to inflict the stabs would have one complete cutting edge up one side and a partially cutting edge up the other some distance from the point, at least half an inch broad. From their appearance I should say the blows on the head were inflicted rapidly in succession.
Cross-examined. There were altogether 18 wounds, 16 of which I think were inflicted on the ground. I should not say that maniacal force was used. The arc formation in the horseshoe shaped wound is due to the retraction of the skin after death. It could not have been the result of perfectly straight blows. I think it is the result of two blows, because there were two parallel cracks in the skull, each of them corresponding with one of the branches of the wound. One blow with the sharp edge of a hammer would not cause it; the sharp edge would have pierced the bone. It may have been an angled or non-angled instrument that caused it. A burglar's jemmy could have inflicted it. The cuts on the face were all superficial, and inflicted after death. I have formed no opinion as to why they were inflicted. There were two symmetrical wounds, one on each cheek, having an open "S" shape. I have formed no opinion as to whether they were deliberately traced on the face; they were symmetrical images of each other as far as it was possible. The contents of the stomach were meat and bread. It is impossible to fix the time when food will become disentangled, as it depends upon the individual. I said that death took place between three and four hours after deceased's last meal, but I cannot fix the time when he had the meal. If he had had tea and cakes shortly before 12 I cannot say when that would be digested, but most of it would have probably passed out within two hours. I cannot say at what time there was complete digestion. From the experience I have had of persons who have died a certain number of hours after their last meal I judged the condition of the remains of the meal in deceased's stomach similar to those I have found in other persons whose hours of death I knew, practically irrespective of what their last meal was. I have formed no opinion as to whether there were two assailants. I think there are two corresponding stabs in the great coat. I cannot say whether prisoner, being a tall man, must have stooped to inflict the 16 wounds on the ground. A large quantity of blood would not necessarily come from the scalp wounds, because death having intervened, they would cease bleeding. There would have been a fair amount of bleeding from the first two wounds, but there would not be spurting. The other blows were inflicted very soon after death. I cannot be more precise than that. When a person is rendered unconscious bleeding from arteries ceases; there might be a slow oozing up, but there is no spurting of blood.
JOSEPH NEEDHAM , police-surgeon, W Division. At nine a.m. on January 1 I saw the body of the deceased on Clapham Common; it was slightly inclined towards its left side. A muffler was drawn over the top of the head and over the ears at both sides of the face. The collar of the coat was pulled up over the back of the head, the muffler being higher than the collar. There were a number of severe wounds on the head. The second button of the coat was fastened and on the
front of the coat there were some blood and mud. A quantity of soil was adhering to the toes of the boots and there were mud and blood on the backs of both hands. I came to the conclusion that he had been dragged by the back of his collar face downwards to the position in which I found him; I could trace the tracks where he had been dragged. Judging from the warmth of his body I considered he had been dead about six hours; that would be taking it back to three a.m. I was present at the post-mortem examination. I agree with Dr. Freyberger's evidence.
Cross-examined. The symmetrical cuts on either side of the face were like the "F" holes on each side of the strings of a violin; they could not have been produced accidentally. They could not have been caused by the face passing over something rough on the ground; they were cuts with a knife. There was a great deal of blood on the left cuff and some blood and mud on the knees of the trousers. There was a fair amount of blood on the collar. On the coat I see only one stab on the right side. It was an extraordinary thing that anyone should have stopped to inflict these facial wounds; they were not dangerous to life. I said at the Coroner's Court that I thought they were some sign. I do not know the Russian word "Spic," meaning "Police spy "; I saw something in the newspapers about it. I formed the opinion that the wound on the forehead was the result of two blows. A hammer would not have produced it; a straight iron bar, such as a jemmy, would. In my opinion it was an instrument with an angle. The arc shape of the wound is caused by the rotundity of the cranium. The appearance of the wound when I saw it on January 3 was very much the same as it is in this photograph (Exhibit 13). Tea and cake would digest in an hour or two; pork would take from three to five hours to digest. I can say for certain that the man's last meal consisted of meat.
Re-examined. The remains in the stomach wore consistent with ham sandwiches having been eaten. (To the Court.). An instrument such as a jemmy or a chisel would have produced the horseshoe-shaped wound.
SOLOMON BERON , 133, Jubilee Street, E. I have no occupation. Deceased was my brother; he was 48 years old. He was living at 133, Jubilee Street; I was not living there at the time. He was born in Russia; our family left there when he was about a year old, and we lived in France for 30 years. We came to this country in 1894. Since that time he lived in the East-End; he did no work. He had nine small houses, bringing him in a clear income of £25 a year. He had no banking account; he used to carry his money about with him. At the time of the crime he had £12 on him. He always wore a gold watch and chain, attached to which was a £5 piece, worth altogether about £30. This is his pipe (Exhibit 39). I last saw him alive at 10.45 p.m. on Saturday, December 31, in Fieldgate Street. He was alone. I tried to speak to him, but he did not speak to me. On the following Monday I identified his body.
Cross-examined. My brother David lives with me now. The week preceding the crime I was living at a Rowton House at 7d. a night.
My brother did not help me at all as he had nothing to do it with. I was living on what I had saved from my earnings in Paris; I was a traveller for my sister; I left there in January of last year. I came over to try and make an application before the Courts about an action of negligence which I had against some solicitor who acted as a trustee on behalf of an estate which I had entrusted to him; my case has been going on five years. David used to pay my brother 9d. a week towards his rent, which was 2s. 9d., during the time he lived with him at 132, Jubilee Street, 15 months. I never received any assistance from Leon; he had not sufficient to live on himself. He told me he paid 14 guineas for the watch second-hand; it cost £25 new. From 1894 to 1905 he lived with me, and he used never to spend a penny on himself; he saved some money and bought this watch and chain; Jewish people buy jewellery to save money; they can always get it back again. My father is in a home in Nightingale Lane, on the south side of Clapham Common. Deceased never went to see our father as he was not friendly with him. I always went. I cannot say where my brother passed his evenings. I do not know of any Anarchist Club in Jubilee Street. I know there was such a club in the same street as my brother was living in—Jubilee Street—but I have never been there. It is nothing to do with this case as to where I got my clothes that I am wearing. I brought £100 to London, my savings. It is in the Bank of England now. I do not know if there is any of it left; I shall have to look. I do no work, if my lord will allow my application, I have got an estate. I did not know Fritz Svaars nor "Peter the Painter." I have known Rosen since he was mixed up in this affair. I have never spoken to him after he gave evidence at the police court. I did not say to him that if he came to the court and told the truth he would go to prison or that he would be poisoned or drowned. I have only known Mrs. Deitch since she came here. I do not know Mr. Deitch. I know Jack Taw by sight; I have never spoken to him since he gave evidence at the police court. I have seen him in Snelwar's Restaurant, but I have not spoken to him about this case. I have been every day to the restaurant; sometimes I have seen him there and sometimes not. I go there in the afternoon and spend all the time I have got there. I go nowhere else except to do my business—to go to my solicitors. I have never seen Mrs. Deitch in there.
Re-examined. The Anarchist club in Jubilee Street has been closed; I believe it is a picture-shop now. I never knew the name of it.
ALEC SNELWAR , restaurant keeper, 32, Osborn Street, E. Deceased for the last six years spent much of his time at my restaurant; my customers called him "The Landlord." I used to give him gold and he gave me silver for it. He kept his money in a wash-leather purse, which he used to pin to his waistcoat pocket with a safety-pin. He used to carry £20 or £30. About two months before the crime prisoner started coming to the restaurant; he came a good deal. For the last three weeks he was every day in deceased's company for half an hour
or an hour, sometimes about 9 p.m. and sometimes 10 p.m. Prisoner was a left-handed man. I have seen him with two or three different suite on within two months. On December 31 I saw deceased at 2 p.m., and then again at 9 p.m., when he was with prisoner. They remained together till 11.45. I do not remember if they went out between those times; I saw them still sitting at the table alone at 11.45, when they went out together. Deceased used to wear a big 18-carat gold watch and chain, with a £5 piece, and he was wearing it on this night. I close my house at 12. I never saw deceased alive again. I next saw prisoner between 11 and 12 a.m. on the next day; he walked into the middle of the shop, spoke to nobody, and then went out again. He came back no more. Up to the 31st he had been a regular customer for two months. He had this overcoat (Exhibit 14) on when he left; I had seen him wearing it frequently.
Cross-examined. Deceased used to come every day at two and stop till 12, sitting and eating; he never used to spend more than 1s. 6d., and sometimes less. At 9.30 on this evening he had a glass of tea; I never saw him eat anything at all that evning. I do not know what he had to eat before 9.30 because I was not in the shop till nine. He smoked a clay-pipe, a white pipe; he bought his tobacco somewhere else; I only sell cigarettes. My customers are mostly Russian. He spoke French generally, but when speaking to me he spoke Yiddish. Solomon was a customer also; he used to come in at about 12 or one and stop till ten every day. My customers do not come to my shop to do business. I used to employ Jack Taw. I gave him a job, helping me in the restaurant about a day or two a month, giving him 1s. or 1s. 6d. a time. I do not remember how long ago it is since I last employed him regularly. He comes in every day now as a customer, stopping after dinner all day. Joe Mintz was a waiter of mine; on Thursday it will be two weeks since he left; I do not know why he left. He tried to hang himself last summer. They took him away to Colney Hatch, where he was three-and-a-half months; he came out about two months before Christmas. Perhaps he had a fight in the shop before Christmas, but I did not see it. He had a row but I do not call that a fight. I do not know Mr. and Mrs. Deitch. Hermilin has been coming to the restaurant for the past three years; he lives upstairs. Solomon Beron has been coming to the restaurant every day recently. Weissberg has been only coming on a Saturday and some times a day or two in the week. Zaltzman used to come every day, but stopped doing so about four weeks ago; he only comes occasionally now. Taw, Zaltzman, Weissberg and Solomon Beron have not been to the shop and talked together since this case has been going on. I cannot see what different people are talking together. I have seen Taw talk to Solomon Beron, but Beron would not answer him. I have seen Solomon Beron sitting at the same table as Weissberg and Zaltzman, but not frequently. David Beron stopped coming about two weeks ago. The Shoreditch Empire is about 20 minutes' walk from my restaurant. I did not know that prisoner was selling cheap jewellery from a month or two before Christmas. I
bought a pawn-ticket for a silver watch and chain from him for 2s. 6d. and redeemed it for 13s. He never tried to tell a revolver in my shop. On one occasion I saw him put one in his hip-pocket; he did it quite openly. I never heard deceased discuss the Houndsditch murders with my customers. I heard that he brought £26,000 from France and he lost it here. The money he had on him was from the rents that he collected, I think, in the morning. I do not know that he collected no rents on December 31. I never saw this rent-book on him; it was another one. I did not see prisoner with gold on December 31; I have seen him with gold before that date, but not frequently. I never saw deceased with women. I know his father lived in a Jewish home, but I do not know where.
Re-examined. It was about four weeks before the crime that I bought the pawn-ticket from prisoner; he said he did not want to sell the watch! and chain, and I said, "Pawn it, and I will boy the ticket."
(Tuesday, March 7.)
Joe MINTZ. I was a waiter at 32, Osborn Street from December I to the 31st. I have been employed there two years and knew deceased as a regular customer; he was called "The Landlord." I knew prisoner as a regular customer every day from December I to the 31st. About two weeks before the crime prisoner became very friendly with deceased; I saw them talking together every day; he was more friendly with him than with anybody else. After 6 p.m. on December 31 he handed me a parcel wrapped in brown paper and about two feet long and four or five inches round. The guv'nor's daughter, a little girl with whom he was very friendly, said, "What is it?" and he said, "It is a flute" Prisoner said to me, "Keep me this parcel. When I go out I will take it from you." He then went over and sat with deceased at a separate table and was sitting talking to him the whole evening. Between 8 and 9 p.m. he asked for two glasses of Russian tea. He spoke in English. At about 11.40 he called for a lemonade and then came up to the counter and asked for his parcel. I gave it to him and he went out with deceased. It was too large and heavy for a flute; it was like a bar of iron. It was not like this (Exhibit 4) I saw deceased wearing a gold watch and chain and a £5 piece. I never saw prisoner again until I saw him at the police station.
Cross-examined. I live now at 155, Jubilee Street. I lived for two weeks at Snelwar's Restaurant. I know Solomon Beron as a customer; he still goes there. I know Jack Taw, sometimes as a customer, and when there is too much work he used to get a job there. I do not know if Solomon Beron was friendly with Hermilin; I have seen them talking together. They and other customers used to talk together every day. I never saw Taw and Solomon Beron talking together. It is true that I once tried to hang myself in the shop, but that was nine months ago. I went to Colney Hatch for three months; I was discharged on October 22.
Mr. Abinger asked the witness whether he had not attempted to commit suicide on more than one occasion.
Mr. Justice Darling warned Mr. Abinger of the consequences under the Criminal Evidence Act of imputing to a witness for the prosecution an attempt to commit felony.
Mr. Abinger stated that he was not imputing any offence, but his questions were put to show that the witness may be non compos mentis. Mr. Justice Darling. That would be a question for the Court who tried him.
Cross-examination continued. I have only once attempted to commit suicide. I have a good memory. After coming out of the asylum I never had a fight or a row with anybody in the restaurant. On the morning of December 31 prisoner abused me for not serving him his breakfast at once, but I never answered him. I did not notice whether deceased left the restaurant after 2 p.m., before he finally went out on December 31. Prisoner came in in the morning, went out and returned just past 6 p.m.; I did not notice whether he left again. The deceased spoke to no one but prisoner that evening. I did not see him talking to Solomon. I put the parcel the prisoner gave me in a cupboard; I just had to turn round to do so. I was very busy that night as we had a lot of customers in. Only the little girl was there when he handed it to me. The deceased was sitting at a table in the middle of the shop at the time. Prisoner used to play with Becky every day. We sell meat from joints. Deceased did not have a meat supper that night; he had his dinner at 2.30, when he had meat, but I did not serve him with anything to eat after that. We do not sell wines or spirits. I have never seen prisoner with a revolver nor have I seen him offer cheap jewellery for sale. About three weeks before the crime I pawned a silver watch and chain for him and gave him the money, 12s., and the ticket. About two days before the crime I saw him wearing a small gold watch and a thin chain. I cannot say whether Exhibits 5 and 6 are the ones; I did not notice him wearing them before that.
To the Jury. Exhibit 4 is more than a foot long, but I cannot say how much; the thing that prisoner gave me was about five or six inches longer. They never sent out for alcohol for customers during the time I have been there. I have never seen deceased take any alcohol or bring it in with him.
HENRY HERMILIN , furrier. I live at 32, Osborn Street, and am there every day. I have known deceased over three years, and used to see him at the restaurant every night. I have known prisoner two months, and used to see him in the restaurant also. I have seen him talking to deceased. Deceased always wore an 18-carat gold watch and chain. The watch weighed 6 oz. with the movement. I wanted to buy it from him for £13. Eight days before Christmas prisoner took it from him and remarked that it was a very heavy watch; I was sitting beside him and deceased. Between half-past eight and 9 p.m. on December 31 I came from my room and saw the prisoner and deceased at a corner table; they were having tea together. I sat down and had some tea. They went out together and returned twice; I did not notice at what times. Between 11.45 and 12 p.m. they went out together, and I did not see them any more. Deceased was wearing his watch and chain. I never spoke to prisoner. Deceased always had gold in a purse like this (produced), which he kept inside his
waistcoat pocket, fastening it with a safety-pin. I know he had sometimes £20 and sometimes £30 at a time.
Cross-examined. He told me he had got the money to pay his mortgages n his houses. I noticed two weeks before the crime prisoner was too friendly with the deceased; I saw them every night I came from work. I have seen them a couple of times talking together. I noticed prisoner had a small gold chain and a little watch; it can be a month or less. It was not Exhibits 5 or 6. I did not notice-whether prisoner showed deceased his watch when deceased showed him his watch. I had deceased's chain weighed; it weighed 3? oz. I said at the police court that I had seen him with £20 or £30. I know that they went out together a couple of times before they finally left on December 31, but I do not remember whether I said that at the police court. These are my depositions which I signed. (They were put in and read.)
Re-examined. I understand a "couple" of times to be 10 times or more. Deceased was a particular friend of mine. He was a quiet man. He showed me a receipt for 14 guineas that he had paid for the watch.
JACK TAW , McCarthy's lodging house, Thrawl Street. I have no regular work. I work sometimes as a waiter at Snelwar's Restaurant. and was employed there during the week after Christmas. I came there on December 31 at 8 p.m. and then left. I saw deceased there with prisoner sitting at the same table. I left and returned at 11 p.m. and found them still there. They left together at 11.45 p.m. At 1.45 a.m. I was next to the coffee-stall at the corner of Church Lane when I saw them at that corner on the opposite side of the road walk-ing towards Mile End. On some day in December prisoner showed me a black pistol similar to this (Exhibit 10), which he took from his hip pocket. He said nothing. I have seen him write. He is lefthanded.
Cross-examined. I am 16 years old. I came to London by myself from Galicia three years ago. I have since been earning my own living. I have no father and I do not know where my mother 1s. For the last three weeks I have been living at Rowton House. For four months previous to that I was at McCarthy's lodging-house. I was last employed as a regular waiter in Snelwar's Restaurant two years ago at 7s. a week; since then I have worked for him about four times a month, receiving 1s. 6d. a day and eating. I go there now every day as a customer sometimes and sometimes as a waiter. I received 2s. from him last Saturday. On December 31 I was a waiter there from the morning till the afternoon; I went in the afternoon to the Cambridge Picture Show and in the evening I went back to get my money—6d. When I saw prisoner and deceased in Church Lane is about 50 yards from the restaurant. (The Foreman of the Jury, after measuring it, stated it to be 150 yards in a straight line. Mr. Abinger accepted the distance.) From 11.45 to 1.45 I was inside and outside McCarthy's lodging house with the boys. They were playing the piano inside; I came out alone at about 12.40. I said at
the inquest that I was out in the street looking about for two hours, and that is true. (It was seen by the statement made before the coroner that the witness had said nothing about the piano being played in the lodging house.) When I saw prisoner with a revolver he was not trying to sell it. There was a lot of people about when he showed it to me. Only the little girl saw it besides me. I used to know Rosen as coming to the restaurant. I swear I have not spoken to him since this case has been going on. I spoke to him twice while the case was going on at the police court, but I did not speak to him about the case. It was in the restaurant. Perhaps Solomon Beron was there when I spoke to him, but I did not see him; I do not remember if he was in the restaurant. On the day of the Sidney Street fight, when the firing was going on, I took Rosen to the police station. I was called into the police court while he was giving evidence. I did not say to him that if he came to the station and told the truth he would go to prison or be poisoned. I did not tell him that he had got to say he had seen prisoner with a revolver, and that he had seen him out in the street at 1.20. He told me he would like to go to the police court and say his evidence that he saw prisoner on the last night, and he did so. He did not know where the court was and asked me to take him there. I do not know whether Solomon Beron was present at the time. I did not tell Rosen if he came to the police court he would see some pictures. He did not call me "Jacobs" or "Jacob"; he called me "Jack." He pointed to me at the court as the person he knew as "Jacobs." I did not tell him that he must go and ask the guv'nor before he gave evidence; he said that some man had told him he must go and tell somebody else before he did so. I did not say to him, "They will show you some pictures. If you want to write your name in as a witness, you can. If not, it is nothing." He did not say, "I will go and ask whether I can be a witness." and I did not say, "I will write you down as a witness." I know Mrs. Deitch; I knew her properly a few weeks ago. I have never been to her house. I have seen Mr. Deitch twice. Solomon Beron has never threatened Rosen in my presence. I know Hermilin as "Deutsch." I know Mr. Deitch of 401, Commercial Road, also. He never saw Rosen. (Hermilin came into court and stated that he was known as "Deutsch," since he was a German.)
JACOB WEISSBERG , butcher, employed by Mr. Cudoc, butcher, Dalby Street, Soho Square. I have known deceased for about four years. I have known prisoner for two months, and have seen him in Snelwar's restaurant; I used to go there nearly every evening. I saw deceased and prisoner together on the night of December 31 in Commercial Street at 11.30 p.m. I was with my friend Zaltzman. We saw them again at 12.45, when I was in Whitechapel Road at the corner of Black Lion Yard; it was about 50 yards westward of the London Hospital. We were walking towards Mile End, and they were coming the opposite way.
Cross-examined. I met Zaltzman at the restaurant at 6. p.m.; we left immediately and went to Aldgate and then to the Bank of England;
land; then to Zaltzman's house in St. Mary's Street; then to the Bank again; then to Bishopsgate and then to Snelwar's restaurant, where we had some supper. By this time it was 7.30. Leaving there about 8.30 we went to Mile End and back again to Aldgate. We continued walking to and from those spots all the time. We met a girl friend, and she walked with us, leaving us about 11. We continued walking the same walk till 12.45, by which time we had done the journey about five or six times. I never work at the butcher's shop on Saturday nights. I have seen Taw many times in the restaurant, but I have never talked to him about this case; I have no company with him as he is a poor chap. I have talked to Solomon Beron, Hermilin, and Snelwar about it. I do not know Rosen. I gave my statement to the police on February 10 or 11; I did not go before because I heard that Zaltzman had made a statement and I thought one statement would be enough. Zaltzman told me I had better go to the police, and I went.
Re-examined. Zaltzman told me they had asked him who was with him when he saw prisoner and deceased, and he gave them my name and address. They told me I was wanted at the station, and so I went.
ISRAEL ZALTZMAN , furrier, 11, St. Mary's Street, Whitechapel. (Evidence interpreted). I knew deceased about three months, and used to see him at Snelwar's restaurant. I have known prisoner about four months up till now. I have seen them together at night time. Between 7.30 and 8 p.m. on December 31 I was with Weissberg in Commercial Street, when I saw them together. I again saw them at 12.45 a.m., next to Black Lion Yard, Whitechapel. About two months before the murder prisoner showed me a revolver. I told him that I had seen a man like him in the pictures at the cinematograph show, holding a revolver, and said that I was a good shot. He then took a revolver from his hip pocket and showed it to me. On the morning of January 2 I heard of the death of the deceased, and on that same day I went to the police and made a statement.
Cross-examined. I am a Russian Pole. I do not know what Jack Taw 1s. Deceased told me he was a Russian, and that when a small boy they had taken him to Paris. I know Hermilin and Weissberg; they are both Russians. I do not know that prisoner was born in Australia. (Witness here corroborated Weissberg's evidence as to their movements that evening.) It would take one minute to walk from Black Lion Yard, where we saw prisoner and deceased, to the corner of Osborn Street. Whilst walking from Mile End to Aldgate we met a man; I do not know his name. I do not remember meeting anybody else. I fix the time I met prisoner and deceased together because I looked at the Whitechapel clock.
Re-examined. (Mr. Muir proposed to ask whether witness had met a young woman on this night. This question was objected to, and the objection was upheld).
I left there with my husband at past one on the morning of January 1. On our way along Commercial Road, between Philpot Street and Bedford Street, I saw prisoner with deceased. I had never seen prisoner before. They were coming towards me. I made an observation to my husband when I was about a yard away from them. When we came towards one another I looked at prisoner and he looked at me. When I passed the remark, he turned round to look at me. I did not notice his face then; I only noticed it when he was in front of me. On the evening of January 2 I heard of the death of the deceased and went to the police-station and made a statement.
Cross-examined. I stop at home looking after my children. I look after the business when my husband goes and does work outside. The business belongs to both of us, as I am his wife. I did not say at the police-court that the bicycle business is mine. I did not hear it read out to me that I said it was. (Mr. Abinger put to the witness her depositions, in which the statement occurred: "The bicycle business is mine.") The last place we lived at was 4, Jubilee Street; we left there 12 months ago for a change of better luck; we failed there, we tried for better. I do not know a woman named Lizzie Holmes. I know so many people that I cannot remember their names. I do not know a woman named Dolly Nevy. I have not had girls living in my house; I have only had a servant girl named "Lizzie." I do not know a woman named "Lena Hall." I do not know my servant's surname; I had her five months; she left me a month ago. I lived once at 5, Jubilee Street, where I had a tenant for two rooms, a Mrs. Simmons, with her husband and two children. Lizzie Holmes never had a room there at 3s. a week. She never used to bring in men to sleep with her for a short time or for all night. She did not use to pay me 3s. for each man that stayed all night and 1s. for each man that stayed a short time. My husband bought me the furs I am wear-ing. Lizzie Holmes did not follow me from 5, Jubilee Street to Commercial Road, and I did not let her a bedroom there. I left 5, Jubilee Street a twelvemonth ago. In March of last year I did not send for Lizzie Holmes to go with a man at my house. I do not know anything about deceased's father; he never spoke to me about him. I have known Solomon 12 years as well. I did not know their where-abouts. I first knew deceased when 12 years ago with his first wife he lived at my father-in-law's house. The wife died some years ago, and then he moved out. I cannot say whether he married again. He has never been to 5, Jubilee Street. I only used to see him "on his own" in Commercial Road. I never heard that Solomon Beron visited his father. My husband was equally friendly with deceased as myself. We never spoke to him when we saw him on this night, although it was New Year's Eve; at that time of the morning you would not stop and speak to the best of your friends. I first met Eva Flitterman at the South-Western Police Court. I did not know at the time what she was being called to prove. It is about half an hour's walk from my house to 73, Commercial Street. We got home that morning past two, leaving 73, Commercial Street at about 1.15. We had some refreshments at Levy's, in the Commercial Road, before we
met prisoner; this was at 1.45. We stayed there about 15 minutes and it took us about ten minutes to get home. It might have been 1.30 when we left Commercial Street. I might have said at the police-court that it was at 2.40 when we got home; it was near that time; I might make a mistake in a little, but I know it was about 2.15 when we met them; I remember seeing the time when we left the ham and beef shop and it did not take two minutes to the place where we met them. I never knew Jack Taw before this case. My husband never goes to Snelwar's restaurant. I have never seen Rosen. I cannot remember the hat prisoner was wearing. I knew his name by the paper. I was not shown any photographs when I went to Leman Street. The man who brought a statement to my shop to be signed showed me, at my request, three little photos of deceased in different positions. The only time I saw prisoner's photos was in the "Evening News" at my shop after I identified him. I may have said at the police-court that I saw his photo at Leman Street, (but I was asked such funny questions and I got confused. I can understand what is being asked me now. The photo of prisoner I saw was a sketch with two officers standing beside him; I saw it in the evening of the day I indentified him. I identified him a week after I saw him with deceased, between 11 and 12 a.m.
Re-examined. I lived at No. 4, Jubilee Street, for five years and from, there I moved to No. 5, where I lived two years. I had no tenant at No. 4, but at No. 5 I had a tenant, Mrs. Simmons. At no house that I have lived in did I let rooms for immoral purposes. I have five children. Twelve months ago I moved to my present address, where for seven months I let part of my house to a Mrs. Campbell, her husband, and little girl. Since they left, three months ago, I had a Mr. and Mrs. Hyman as tenants for two months; they are now living at 99, Charles Street. When we left 72, Commercial Street I noticed Greenlee's clock said it was a little over a quarter past one. All my children were being looked after at home by my sister-in-law. I noticed prisoner was wearing a long overcoat, which looked like a motor coat. He seemed very smartly dressed.
EDWARD HAYMAN , taxicab driver. In December last I was driving a hansom cab and on the night of New Year's Eve I was in the Mile End Road. About two a.m. I picked up two men at the corner of Sidney Street; they were going towards Bow, when I asked them if they wanted a cab. I have since picked prisoner out as being one of the men; the other man was about 5ft. 5in. tall, dressed in dark clothes and black bowler. Prisoner had on a grey striped long overcoat with a black bowler hat. It was he who engaged and paid me; another cabman had pulled away from them and I asked them whether they wanted a cab. They said, "Yes, we want to go to Lavender Hill." Prisoner asked me how much, and I said, "I leave it to you." He said, "Very well, then, 5s." He said he wanted to go to Shakespeare Theatre, Lavender Hill. They got in, and I drove them to Lavender Hill at an ordinary pace. About five or six yards the other side of Lavender Gardens on the Clapham Junction side, I set them down.
Prisoner paid me 5s. On January 17 at the South-Western Police Court I picked prisoner out from a number of other men.
Cross-examined. I will not be sure whether it was on January 9 or 10 that I made a statement. It was about 8.40 or 8.50 p.m. I was on night work at the time and I was in bed during the day. Before going to the police station I had seen accounts of the murder in the newspapers and police notices which had been posted up in cabyards and shelters, but I had not seen prisoner's photo. I did not see the "Evening News" of January 9, 5.30 edition, before I went. I do not know why I did not go to the station before the 10th. I went because I saw the notices. I see the notices are dated the 6th. I did not go before the 10th because I was doing night work and when I went home I was tired. I went when I thought proper. I do not read many papers; I might go three or four days without looking at one. (Mr. Abinger called for the original statement that witness had made. This and the police reports with regard to it were handed to him. Mr. Abinger perused the documents and stated that the reports were dated January 9.) I cannot give any reason for not going to the station before the 9th. I knew of the murder, of course, on the 2nd. (The police notice, Exhibit 15, was read.) I did not want to have anything to do with the case at all. A few days after the murder I had an idea that the fare I had picked up was connected with it. I cannot say why I was not asked to identify prisoner until the 17th. I may have picked up 100 fares between the 1st and the 17th. I had seen full-sized portraits of prisoner in the papers before I identified him, but I did not go by portraits; I went by the general appearance of the man when I identified him. Sidney Street is not a likely place to pick up a fare, but on New Year's Eve you can pick up a fare almost anywhere. Previous to this fare I took a fare to People's Palace. I came out about 11 p.m. My first fare was from the "Elephant" to Brixton; then on returning to the "Elephant" I picked up a fare to Hoxton; from Hoxton I went to the Bank, and at the Bank I picked up the fare to the People's Palace. I took about 40 to 45 minutes to drive from Sidney Street to Lavender Gardens. Sometimes I have a better class horse at nights than in the day.
Re-examined. I suppose I first formed the opinion that my fare that night had something to do with the Clapham murder when I saw the police notice on the 6th. I do not know the name of the officer whom I saw at the station on the 9th. The next day, about 9 a.m., an officer named Jones came and took the statement from me, which I signed.
Mr. Muir tendered this statement in evidence and proposed to read it, on the ground that it having been called for by the other side he was entitled so to do. (Cited Rex. v. Bridgwater; see Vol. CXLIII., p. 82), in which the prosecuting counsel had not exercised the right given him by the Common Serieant to read a document called for by the Defence in similar circumstances.
Mr. Abinger objected to the introduction of the statement, on the ground that he had not read it aloud.
Mr. Justice Darling. In my opinion, as a strict matter of law and procedure, where a document has been called for by one Counsel who is cross-examining and is produced by the other side, and that Counsel makes himself acquainted with the contents of it, and then hands it back, declining to put it in, Counsel who has produced it is entitled to have it put in; it becomes evidence the moment he tenders it and asks that it shall be put in as one of the documents in the case; yet, in this case, unless Mr. Muir considers that the document is absolutely necessary to be read, I would suggest that it should not be put in. As these things gat reported, I think it well to say that if Counsel insisted upon his right to put it in and insisted upon my ruling as to whether it should be admitted or rejected, I would admit it.
Mr. Muir. Then I do not ask your Lordship to rule. I picked prisoner out without any hesitation. He was wearing this long overcoat (Exhibit 14). I have no doubt whatever that he is my fare.
Mr. Muir proposed to call Samuel Deitch.
Mr. Abinger objected on the ground that no notice of this witness's evidence had been given.
Mr. Justice Darling stated that Mr. Abinger could recall him for cross-examination at any time he wished before the close of the trial.
SAMUEL DEITCH , plumber, 401, Commercial Road, East. Nellie Deitch is my wife, and we have been married 12 years. In the first place we lived at Brushfield Street, since that time we have lived at about five different places. On the night of December 31 we were at my father's house. We left at 1.30 a.m., and went to Gardiner's corner leading into Commercial Road, taking the line along Commercial Road. I did not see anybody that I knew. I did not see the deceased. (To the Court.) I remember my wife making an observation to me as we were going along just after we passed the men.
Cross-examined. My wife only made that one observation to me on our way home, except that she said she would like to have some refreshments.
Re-examined. She said she would like some refreshments when we were just by New Road. Just by Philpot Street she spoke to me on seeing deceased with a young friend.
(Wednesday, March 8.)
Mrs. DEITCH, recalled. (Mrs. Holmes brought into court). I do not know her; perhaps I have seen her in the street; I cannot remember seeing her. She has never been in my house. She is not my maid Lizzie. (Sarah Lask brought into court). I do not know her. I have never seen her. She has never been to my place. I have never been to Batty Street Buildings, Commercial Road, or in those streets, inviting women to come to my house to earn money.
Re-examined. (Mrs. Simmons brought into court). That is Fanny Simmons, wife of Samuel Simmons. They occupied two rooms in my house, 5, Jubilee Street. I have known them about 10 years. She has lived with me about seven or eight months. They are highly respectable people.
he was walking round the railings from the Old Town, Clapham. I said, "Cab, sir!" He walked a little way on, turned round, came to the cab, and said, "Kennington." I set him down near the "Hanover Arms." I had an opportunity of seeing what the man was like. It was the prisoner. I am quite sure. I saw the police notice in the cab-yard on Monday, the 9th. At ten next morning I went to the police. I saw a portrait of prisoner that morning before I went to the police. I did not recognise it as prisoner, as he was side face, with his hat off and overcoat on. I gave a description to the police of the man I had seen. On January 17 I went to South-Western Police Court and picked out prisoner as my fare; he was dressed in a similar way as when he got into my cab. Going from Clapham Common to Kennington I heard some one call "Hi!" or "cab." I set prisoner down and went back to Claylands Road, where I heard the call. Finding no one there I walked my horse to the "Elephant and Castle," and put on the rank there. Prisoner paid me two shillings when he got out of the cab. At the "Elephant" I went to the coffee-stall to have my supper. It was then 3.40 a.m. When I set down my fare near the "Hanover Arms" he crossed toward Prima Road, and he would be walking towards Kennington Park.
Cross-examined. I came out on December 31, between two and three in the afternoon. I got to bed at nine next morning. I had two horses that day. I had about 12 or 13 fares. Before I picked up prisoner I drove from Blackfriars to Cedars Road, Clapham Common. I got to the rank at Clapham Common just before the last tram went to Tooting; that would be 1.30 to 2 a.m. I picked up prisoner about three or a few minutes after. I did not know the time. I did not look at the illuminated clock. I was on the ground when prisoner came up. I put my rug round me and jumped on the cab. There were two cabs on the rank when I got there. When prisoner came along I was alone on the rank. The light of the clock would be behind him as he came along. When he passed at the back of my cab towards Prima Road he did not walk in the direction of the taxicab rank. I turned the horse and cab round and saw him walking towards Kennington Park. That is where the cab rank is, outside Kennington Park. I heard of the murder on January 1. I did not go to the police on the Monday as I did not connect it with my fare. I did not read a description on the 2nd. I did not get up all that day. I do not think I saw any papers that day. I first connected it with my fare on the 9th. I saw the "Daily Chronicle" on the 10th. I never hardly buy a paper. If I buy one it is the "Star." I did not see any evening paper of the 9th. The police notice was not put up in our yard till Saturday, the 7th. I did not see it till the Monday. I have not had the £1 reward and do not expect it. This is my statement to the police which you have read: "I am a hackney carriage driver. On Sunday morning, January 1, the date I fix on account of its being New Year's morning, at about 1 a.m., I picked up two gentlemen at the Royal Hotel, Blackfriars, and drove them to Cedars Road, Clapham Common. I arrived
there about 1.30 and, after putting down my fares, went back and put on the cab rank at Clapham Cross, near the clock. There was another cabman with a four-wheeler there at the time. I remained on the rank until just before 2,30, when a man alone came from the direction of Old Town, Clapham. He passed the other cabman and I said to him, 'Cab.' He did not answer, but walked down the cab rank a little way and said, 'Eennington.' I drove him to Kennington and put him down just by the 'Hanover Arms,' opposite Kennington Church. He paid me 2s., did not speak and walked towards the 'Horns.' The man was perfectly sober and seemed to be in a hurry to get away. He was wearing a dark grey or green blanket coat with gauntlet cuffs and heavy collar. It was buttoned up and a white handkerchief round his neck, tucked inside, a black bowler hat, rather tight trousers. He was my height, 5 ft. 10 in., clean shaven, dark complexion I should think. I took him to be a man belonging to the theatrical profession. I have seen a photo of Stinie Morrison in the 'Evening News' of yesterday's date and identify it as being the man I picked up at Clapham Cross and drove to Kennington." I did not see the "Evening News" on the 9th or 10th. I told the police I was not sure of the time I picked my fare up and it was about one hour after the last tram went. The time of 2.30 was arrived at by an hour after the last tram went. I do not know what Hayman has said here. I next saw Morrison on the 17th. I had seen photos of him in the Press by that time. When I identified him he had a hat on. There is no hat in the "Daily Chronicle" photo. I gave my description to the police without any assistance from the newspapers. I never claimed to drive prisoner at 2.30. I went to the tramway company and inquired the time the last tram went and on their statement I went to the police and altered the time entirely by myself. I ascertained the last tram went at 1.58. The word "blanket" in the statement was not my word. I said it was a grey or green motor coat. I could tell you what boots he had on without having seen him in the photos. I did not say what colour handkerchief he had on.
Re-examined. Before January 9 the last day I worked I think was Wednesday; I was off work Thursday, Friday, Saturday, and Sunday: I was not well and stopped indoors. I went to the yard on the 9th, but not to work. That is the day I saw the notice. I told the police he had a button on the arm of his coat. As he paid me with his left hand it struck me; the policeman put down "gauntlet." (To the Judge.) I have not spoken to Hayman about this case.
Detective-sergeant CHARLES COOPER, W Division. I took a statement from last witness on January 9 at Brixton police Station; it might have been before noon or after. A constable named Durbin was there. He uses a typewriter. Stephens's statement was dictated by me to him sentence by sentence. The language in the statement is in Stephens's language generally. The words, "I remained on the rank until just before half-past two," are not exactly Stephens's
language. In the first place he said he remainded on the rank, he should think, about an hour. He said he was not certain of the time. I asked if it was possible to fix the time by anything and he mentioned about the last tram leaving, and by that he came to the conclusion it was about 2.30 that he picked this man up. I cannot say he used the words, "He passed the other cabman and I"; he must have used words to that effect. I do not think he said, "He walked towards the 'Horns' public-house," but, if I remember rightly, "He crossed the road and then went in the direction of the 'Horns.'"It is probable the clerk omitted the point of the man walking across the road as the importance of it was not seen. To the best of my belief Stephens used the expression, "dark grey or green blanket coat." When he came to the station he could hardly speak and was difficult to understand. He was more husky than to-day. He mentioned a button on the sleeve and I asked him if he would call it a gauntlet sleeve and he agreed." Heavy collar," "It was buttoned up," "white handkerchief round his neck tucked inside," "black bowler hat,"' "tight trousers" are his language. I think there was an "Evening News" in front of him. I did not show him a copy of it.
NELLIE DEITCH , recalled. Further cross-examined. (Dolly Nevy was brought into court.) I have never seen this woman before. She has never used my house for immoral purposes. I was not in Commercial Road at 9 p.m. last night; I was at my father-in-law's house. I never asked her there whether she had seen her name in the paper, and I did not say, "They called you an immoral woman at the Old Bailey to-day." (Lena Hall was brought into court.) I have never seen that woman before. She never used to bring men to my house. (Becky Blue was brought into court). I have never seen that woman before. She did not lodge at 5, Jubilee Street, from May to September 1910; I was not living there then. I left there in May, 1910.
Further re-examined. I really cannot remember when I left 5, Jubilee Street. My agent is here and he can say.
ALFRED CASTLING , taxicab driver. On the early morning of New Year's Day I was on a cab-rank near Kennington Church. Just after 12.30 a.m. I picked up a fare and returned to the rank. About 3.30 a.m. I picked up two men, one of whom on January 9 I identified as prisoner. The other man was shorter than he. I did not have much conversation with him, and I did not look at him much. Prisoner asked me how much I would take him to Finsbury Park Station for, and I said 7s. He hesitated slightly, and the other man spoke to him in a foreign tongue and pushed him into the cab. They both got in, and I took them beyond Finsbury Gate, in the Seven Sisters Road. They got out, and prisoner asked me what the fare was. I said, "You have struck the bargain, and you know." He then gave me three halfcrowns. I did not see what became of them after they left me. I afterwards saw this police notice (Exhibit 15) at my garage. I went to Brixton Police Station and made a statement on Wednesday, Januay 4, and afterwards (on the 9th) at Leman Street Police Station
I picked out prisoner from a number of men. On the 4th I made a statement to a man in uniform, and afterwards saw Inspector Ward at Leman Street on the 9th. It was on the Wednesday I went to Brixton and on the Monday I went to Leman Street. Prisoner had on a long motor-shaped overcoat, and I believe a cap. The other man was wearing a bowler. He was dark, and, as far as I can remember, had a dark moustache. He was about 5 ft. 6 in. tall.
Cross-examined. I started work on December 31 at 12 noon and continued till 4.50 a.m. (Witness marked the spot on the plan where he had picked up his fares.) I drove them just over seven miles. Seven Sisters Road leads into Tottenham. We arrived there about four a.m. I went into the garage at 4.45. I remember an Anarchist outrage in Tottenham two years ago, but that was not on the part of the road where I drove to; it was a few miles further on. I had not seen a description of prisoner before I went to the station; I had only read an account of the murder in the papers; I saw in the "Evening News" that they were looking for two Frenchmen about January 2 or 3. I went to the station about 12 noon on the 9th. I thought the police were looking for two Frenchmen that had been driven to Clapham and left. I saw the police notice on the 6th. Beyond the fact that I picked up two foreigners at Kennington Church and drove them on to Finsbury Park there was nothing to connect my fares with the murder. (To the Court.) Prisoner spoke to me in English with a foreign accent. I do not know what language the other man spoke in.
THOMAS PITHERS , baker, 213, Lavender Hill. My shop is about 50 yards from (Lavender Gardens. Prisoner entered my service as a baker on September 21 in answer to an advertisement. He stayed until November 10, I paying him 12s. a week with board and lodging. He earned altogether in my service four guineas. About the last 10 days he went on a round that would take him to the verge of the common.
Cross-examined. All residents know Clapham Common, I should think. Prisoner baked at night and slept in the day from 10 a.m. till about 6 p.m. I have some little children. He was very nice to them—very kind all the way round. He did a certain amount of work from 6 p.m. till 8.30 and then he would come on again at about 12 p.m.
THOMAS GREEN clerk, cloakroom, St. Mary's Station, Whitechapel. Exhibit 20 is a ticket given out by me on January 1, as near as possible at 11 a.m. I received this brown paper parcel (Exhibit 21) to which I attached the counterfoil of the ticket. The name given to me was, I understood, "Banman." On January 8 a detective came to the station and produced the ticket. I was not there at the time. On January 9 I identified prisoner at Leman Street Police Station as the man who had handed me that parcel.
Cross-examined. We take particular notice of names given us. We are specially instructed to do so.
HAROLD COCKFIELD , clerk, cloakroom, St. Mary's Station, Whitechapel. On January 8 Detective-sergeant Nursey brought me this ticket (Exhibit 20). I then looked up the parcel that had got the counterfoil of the ticket on it, and nanded it (to him. The counterfoil bears the name "Banman." I saw the sergeant open the parcel and it contained a towel, a revolver, and a box of cartridges.
AARON WISEMOUTH , incandescent mantle dealer, Walworth Road. I know a man named Max Franks as a jeweller at 8a, Southwark Bridge Road. I do not know where he lives. I have done business with him. Exhibit 22 is a cheque drawn by me on the London and Southwestern Bank, Walworth branch, dated December 13 for £19 7s. 6d. payable to Franks and endorsed "M. Frank," which I paid him on that date. I afterwards had it back from my bank, honoured.
Cross-examined. The numbers of the notes are registered in my paying-in book.
ABRAHAM STITCHER , secondhand clothes dealer, Commercial Street, Spitalfields. I have done business with Isaac Flitterman. On January 2 I handed this cheque to him (Exhibit 7) dated January 1 made payable to "M. Franks," his brother-in-law.
Cross-examined. Eva Flitterman used to be with me about six months ago and I gave her the "sack." I have seen her about this court every day.
ISAAC FLITTERMAN , secondhand clothes dealer, 18, Thrawl Street, Spitalfields. (Evidence interpreted.) Between 4 and 6 p.m. on January 1 I got this cheque (Exhibit 7) from Stitcher. I was at home that evening with my sister Eva Flitterman, and prisoner. At first prisoner intended giving me a paper for £5 for the cheque, but I told him that I did not know what that was. He gave me eight halfsovereigns. He took out from a purse a paper for £5 similar to this £5 banknote produced) and wanted to give it to me. I cannot say how many I saw, but I noticed there were several papers like this. He gave my sister Eva £2 for her to make up two costumes with. He took the gold from a paper bag from the bank.
Detective-constable HARRT JEFFRIES, H Division. From January 6 to January 8 1 was with another officer keeping watch on 91, Newark Street. At 9.20 a.m. on the 8th I saw prisoner go into there carrying this brown leather bag (produced), a small brown paper parcel, and a walking stick. After a few minutes he left and went to 111, Commercial Road, occupied by some people called Abrahams. He was still carrying the same things. From there he went to 27, Fieldgate Street, Whitechapel. I communicated with Detective-inspector Wensley, who arrived with several other officers. We all went into the restaurant, and Wensley said to him, "Stein, I want you." Prisoner was sitting at a table. Detective-sergeant Brogden at once seized
hold of prisoner and searched his pockets. He said, "Don't get putting anything in my pockets." I assisted Brogden to take him to Leman Street Police Station. On the way to the police station he said, "This is the biggest blunder you have ever made. I suppose it is not the first you have made, but you have made one this time." Up to that time no charge had been mentioned. On arriving at the police station he was searched and put in a cell. During the whole time I was in his company no charge of murder or the name of Leon Beron was ever mentioned.
Cross-examined. It is true that I said at the police court, "I did not know myself that he was wanted for murder." I did know that he was wanted for murder. When I said I did not it was a slip.
Re-examined. It was in cross-examination, and I think I got excited. I immediately corrected it.
Detective-inspector FREDERICK WENSLEY, H Division. At 10.15 a.m. on January 8 I went to 27, Fieldgate Street, where I saw prisoner sitting inside the door. I said, "Stein, I want you." Two officers searched him and took him to the station. I followed, and on arriving at the station I said to him, "What is your name, and where have you been residing? "He said, "You know my name. I am living at 4, Whitfield Street, W. I picked up with a girl a week ago, and have been living with her since at York Road, Westminster. I did not go home last night as I lost the last train, so I stopped with Mrs. Cinnamon at 32, in the Buildings, James Street." I told him that he would be detained; I did not charge him with murder, nor did I mention the deceased's name in his hearing. About noon that day I received a communication from Inspector McKenzie, and I went to see prisoner. I said to him, "I understood you want to see me to make a voluntary statement." He said, "I see you have accused me of a serious crime—you have accused me of murder." I said, "I have done nothing of the kind." He replied, "You told me that you wanted me for a serious crime, and that it was murder, and I want to make a voluntary statement." I said." I am expecting Inspector Ward here, who is dealing with this matter, very shortly, and if you have no objection I would prefer him to take your statement." He said that would do just as well. I had not told him I wanted him for a serious crime. I communicated with Inspector Ward, who saw prisoner in my presence. Prisoner dictated a statement to Inspector Ward.
Cross-examined. The date of the Houndsditch murders was December 16, and from that date we have been trying to find the perpetrators. I am in charge of the case so far as the Metropolitan Police are concerned. Federof and Peters were arrested, I think, on December 22." Peter the Painter" has not been arrested. I do not think it is desirable to say whether the police are looking for other persons in connection with the murder. Sidney Street was surrounded on January 2
in consequence of information received by the police. I shut up the Anarchist club in Jubilee Street. The tenants in that street are foreign, humble people. Nos. 4 or 5 are of that class. I had known deceased four or five years—probably longer. I know Solomon and David Beron. I do not know where David is at the present moment. I heard just before the police-court proceedings that their father lived in Nightingale Lane. The first time I saw this blood-stained handkerchief (Exhibit 32) was at the police court. I had nothing to do with the police notice (Exhibit 15). At prisoner's arrest there were four officers besides myself. He was not reading a paper when I spoke to him. I did not say to him, "Stein, I want you for murder."
Re-examined. In connection with the Houndsditch murders, I am acting in combination with the officers of the City Police, and we communicate our information to each other. No information was given us by deceased. The dates that have been put to me in connection with those murders have, so far as I know, no connection with deceased's murder. Nos. 4 and 5, Jubilee Street, are well-conducted houses, and so far as I know were respectably conducted while Mrs. Deitch was there. David Beron can be brought here if required. I understand that deceased's father is in a very bad state, mentally and physically. (To the Court). Deceased was reputed to be a man of some means. He apparently did nothing by way of occupation. He was chiefly in this Jewish restaurant. He was only known to the police by sight. He had some house property in the East End.
Detective-sergeant WILLIAM BROGDEN, H Division. On January 8 I went with Inspector Wensley and other officers to a restaurant in Fieldgate Street, where I saw prisoner sitting at a table partaking of refreshments. With Detective Jeffries I seized him. Inspector Wensley said, "Stein, I want you." I immediately placed my hand round to his hip pocket and he exclaimed, "Don't get putting anything in my pocket." I said, "You hear what the inspector said to you. You will have to come with me." He said, "All right, I will come." Jeffries and I were taking him to the station when he said, "This is the biggest blunder you have ever made. I suppose it is not the first one you have made, but you have made one this time." Up to that time no charge of murder or the name of Beron was mentioned to him. At the station I searched him and found two £5 notes (Exhibit 23), £4 in gold, 5s. silver, and 6d. bronze, one lady's gold watch and chain, one knife, a latchkey, a comb, and several memos. On that day I went with Inspector Ward to 116, York Road, where in a room upstairs we saw Florrie Dellow. After having had an interview with her we went downstairs and saw the man Franks. We took possession of a quantity of man's wearing apparel in Dellow's room, some being in different parts of the room, some in a rush basket, and some in a portmanteau. At midnight I examined what clothes prisoner had on and divested him of the whole of it, except his pants and socks. Exhibit 10 is the collar, Exhibit 11 the tie, and Exhibit 12 the shirt which he had on, and Exhibits 12a and 12c are portions of the shirt. On the centre of
the collar I found a small spot of blood, on the left side of the tie also a small spot, and on the left-hand cuff of the shirt two small spats. When I took his clothes prisoner said, "What are you taking my clothes for?" and I said, "Mr. Ward will tell you that to-morrow morning." I handed the collar, tie, and shirt to Inspector Ward. During the whole of the time I was in prisoner's company on January 8 no charge of murder was mentioned at all.
Cross-examined. Not one of the five officers said, "Stein, I want you for murder." The other three officers were no doubt following behind us on the way to the station. A numerous crowd gathered. He was not reading a paper when I went in. The knife (Exhibit 24) I found on him is an ordinary pocket knife. I think he had got his coat off. We made a thorough search of Dellow's room. She gave us to understand that we had got all his clothing. We did not search Franks' room nor his shop. I cannot say whether there was any dirty linen in Dellow's room; I know we did not take possession of any. All his apparel was put into a parcel and left at the station for other officers to examine. On January 10 I went with Sergeant Edwards to see Eva Flitterman at Thrawl Street. She did not swear at the police court that I asked her whether she had seen a £5 piece on prisoner: she suggested that some other officer had shown her one. She only pointed me out at the Court as the officer who had called on her. I know she swore that she had seen prisoner wearing a £5 piece and afterwards went to the police and said that was not true.
Detective-sergeant HENRY DESSENT, H Division. I was present at prisoner's arrest and accompanied him to the station. The whole of the time I was present I heard no charge of murder or the name of Beron mentioned.
Cross-examined. I do not think prisoner was reading when we went into the restaurant. There may have been a paper in front of him. He had his coat off.
Police-constable CHARLES STAFF, H Division. On the morning of January 8 I was on duty at Leman Street police station when prisoner was brought in. From about 10.30 to 12 a.m. he was left in the charge of Police-constable Harris and myself. During the whole of the time nothing was said to him about any charge of murder. About 12 he said to Harris, "I want to make a confession. Will you take it down?" I fetched Inspector McKenzie.
Cross-examined. He said, "I want to make a confession" (not "a statement").
Police-constable JOHN HARRIS, H Division, corroborated the evidence of the last witness.
Police-inspector RODERICK MCKENZIE, H Division. I was in charge of Leman Street Police Station on January 8, when prisoner was brought in. He was left in charge of Harris and Staff. In conesquence of a message I received I went to see him in his cell. He said, "I want to speak to Mr. Wensley. I have a confession to make. This is a serious matter and I want to clear myself." I said, "Very well, I
will send for Mr. Wensley at once," which I did. During the time he was detained he was not detained upon the charge of murder.
Cross-examined. He said, "I want to make a confession (not 'a statement') to clear myself."
Detective-sergeant RICHARD NURSEY W. Division. On the evening of January 8 I went to the cloakroom at St. Mary's Station with this cloakroom ticket (Exhibit 20) and they handed me this parcel (Exhibit 21), which contained a revolver loaded in six chambers, and a tin box containing 44 cartridges which fitted it, which were wrapped round with a towel. The ticket I obtained from the lining of a hard felt hat which was handed to me by Inspector Ward.
Divisional Detective-inspector ALFRED WARD, W Division. At nine a.m. on January 1 I went to Clapham Common and saw the deceased's body lying in some bushes. It was taken to the mortuary, where it was photographed. On searching the pockets I found a halfpenny, a tobacco pouch containing tobacco, a pair of gloves, two keys, a handkerchief, some pieces of blank paper and envelope, and two paper bags (Exhibit 48) containing pieces of ham sandwich, the last in the right-hand overcoat pocket. Judging from the pieces I should think that the person who had eaten them probably broke them with his fingers in his pocket. I made inquiries and caused steps to be taken, I saw David and Solomon Beron. A statement was taken from the father. I directed a watch to be kept on 91, Newark Street. Prisoner was arrested on January 8. In consequence of a communication I received I went at 11.30 a.m. to Leman Street Police Station, where I saw prisoner. In the afternoon I saw him again. Inspector Wensley told him who I was and prisoner said, "I understand I am detained here on a very seriouscharge—murder, I am told—and I desire to make a voluntary statement." I said, "Very well: perhaps you will tell us verbally what it is; we shall understand it, and then we can write it down correctly." He made a verbal statement and subsequently made a statement which was typewritten and which he read over and signed; he dictated it to a typist. I could see what was actually being taken down. (Mr. Muir stated that he did not put in the statement as there were statements in it which he did not accept as true. Mr. Abinger expressed no wish as to its being put in.) Prisoner was afterwards put back in the cells and detained. I afterwards directed the whole of his clothes to be taken from him. I saw him on the 9th, when I returned him his clothes. He said, "What do you want to take my clothes for?" I said, "There are bloodstains on the cuff of your shirt and also on the sleeves, on your collar and on the tie." He said, "That is not blood at all; that is mud that I got yesterday." He was afterwards identified by nine persons. He was allowed to stand where he chose. He was taken to Brixton Police Station, where he was charged with murder. He said, "All I can say is that it is a lie." I took a number of his articles of wearing apparel to Dr. Smith for examination. On January 8 I and Sergeant Brogden searched Dellow's room at 116, York Road. Among the articles found was a black bowler hat which I handed to Sergeant Nursey. With Sergeant Cooper on February 1 I drove in a hansom cab driven
by Stephens from the corner of Sidney Street and Mile End to the corner of Lavender Gardens, Lavender Hill.
Mr. Abinger objected to this, on the ground that evidence of a drive on another occasion under different circumstances could not be called for the purpose of either contradicting or fortifying a witness.
Mr. Justice Darling held that it was admissible evidence to show whether the time stated by the witness was a possible time. Mr. Abinger's objection affected only the value of the evidence.
Examination continued. We started about 11 p.m. and the journey took 38 minutes. On February 3 we walked at a moderate pace from the corner of Lavender Gardens to the spot where deceased was found by the nearest footpath. (The same objection was made and was overruled.) It took 10 minutes. On the same day we walked from that spot to the cab rank at Clapham Cross and it took 10 minutes. (Witness marked on Exhibit la the route taken.) On February 1 we drove in Stephens's cab from Clapham Cross cab rank to opposite Kennington Church and it took 11 minutes. From the "Hanover Arms" we drove to Claylands Road and turned citywards again, the horse being allowed to walk to the "Elephant"; that journey took 16 1/2 minutes. In a Gladstone bag found at 116, York Road we found a pawnticket (Exhibit 33), dated December 23, 1910, for the pawning of a gold albert watch for £4 10s. in the name of Stanley Morris, 16, Sidney Street. No such person has resided at that address for the past seven years. Prisoner uses his left hand to write with. I submitted the suit of clothes which I had returned to prisoner on January 9 to Dr. Willcox. Prisoner was identified at the South-Western Police Court by Stephens and Hayman.
(Thursday, March 9.)
ALFRED WARD , recalled, cross-examined. The address on the bags (Exhibit 48), "183, Commercial Road," is a refreshment house. There was no sign of a struggle at the scene of the murder. A quantity of leaves had not been collected under the head in the form of a pillow. There was a watchman's hut about 200 yards from the body. Sergeant Hawkins saw the watchman who was there that night and made a verbal report to me. Sergeant Hawkins is too ill to give evidence. (Mr. Justice Darling directed that the watchman should be sent for.) The watchman could not say anything. There was a common keeper's hut near the bandstand, but the man was not there that night; he was something to do with the repairing of the road. (Mr. Abinger here put in typewritten statement signed by prisoner on January 9. It was read.) Probably all the witnesses who identified him on the 9th would be together in the same room before they identified him. I could see from where I stood that after each one identified him he did not go back to the other witnesses who had not as yet done so. He was identified from among men equally as well built and as well dressed as he; I think they nearly all wore coats as well as he. It was between 1 and 2 p.m.; the next day he was charged. I am responsible for the wording of the police notice (Exhibit 15). The
reason we were inquiring for men who had been driven to the south side of Clapham Common and not the north side was that the south side is the main road and would be the most likely place for a cab to be driven to; it had nothing to do with Nightingale Lane. A Miss Saunders picked up a blood-stained handkerchief (Exhibit 32) within 600 yards from the scene of the murder and on January 2 brought it to Scotland Yard. I should say the laundry mark on it is not a foreign laundry mark, but I have not any experience of them. The finding of the handkerchief had nothing to do with the police notice referring to the south side. It was found more than 24 hours after the body was found. If the murderer were going to Clapham Cross the long pond would be a convenient place to drop any weapon that he had. It was dry at the time; they are cleaning it out now. Nothing has been found in it relating to this case as far as 1 can say; it is impossible to search a yard depth of mud. Detective officers have gone to every laundry in London to try and trace Exhibit 32, and the laundry mark has not been traced. This is a list made of the apparel found in Dellow's room (Exhibit 49). Amongst it is one dirty shirt, five dirty collars, and all the socks were dirty, I think. Prisoner was wearing his overcoat (Exhibit 4) the whole of January 17, but no other day; it was taken from him on the 9th. We did not search Franks' room or his shop. Sergeant Hawkins searched the shop on the 9th and took away with him a large number of the works of different watches, which were handed back to him again afterwards. Dellow did not hand us any dirty linen taken from a rush basket. Stephen's horse had not had a nice long rest before it took us to Lavender Hill; it had taken us a mile before we started. The briar pipe found was picked up by some man and handed to a constable. No clay pipe was found on deceased. The pipe was found 20 or 30 yards away from deceased. On February 16 I went to prisoner's laundry, from which I took his clean linen, for which I paid 8d. I was present when Hayman and Stephens identified prisoner, but the inspector on duty had charge of it; I do not know his name.
Re-examined. 1 found a number of bills amongst prisoner's belongings (Exhibit 31a). When 1 said "Very well" to prisoner I was assenting to his wish to make a voluntary statement. I failed to connect Exhibit 32 with anybody at all. Some pieces of iron were brought to me as having been found in the Long Pond, but as far as I learnt they had nothing to do with the crime. The briar pipe found was identified by Solomon Beron as his brother's property, and I did not pursue the matter further. No pipe or cigarette papers were found on deceased; his pouch was full of tobacco. This is the statement taken from the watchman (produced.)
FREDERICK WENSLEY , recalled, further cross-examined. I took Eva Flitterman's statement, which she signed. This is the original. (Mr. Abinger put it in and read it.) Her evidence at the police court varied from it somewhat. (Mr. Abinger here read the depositions of Eva Flitterman taken at the South-Western Police Court on January 21 and January 28, 1911.) When she had given her evidence on
January 28 prisoner's counsel applied for a warrant against her for perjury, and the magistrate stated that an information should be made and laid before him for consideration. (Mr. Abinger read the correspondence between prisoner's solicitors, Messrs. Claude Lumley and Co. and the Director of Public Prosecutions relating to proceedings being taken against Eva Flitterman for perjury. The Director declined to take any steps, stating his reasons, one being that the girl had stated that she was "excited and confused" at the time she had given her false evidence. Mr. Abinger asked that she should be brought into Court so that the jury should see her. Mr. Justice Darling, stating that this was not an inquiry into how the Director of Public Prosecutions performed his duties, declined to allow this.) Sam Rosen gave evidence on January 24. (Mr. Abinger here put in his depositions taken on January 24 and February 8, 1911, which were read.)
MORRIS MYERS , Secretary, Home for Aged Jews, Nightingale Lane, Balham. Max Beron has been an inmate since 1908. He is a very weak, old man. I cannot say that it is absolutely impossible for him to come and give evidence, but it is not desirable that he should. I do not know what visitors he has had, but I have spoken to him on the subject. I believe Solomon. Beron did visit him. As far as I know, deceased did not.
Cross-examined. A visitors' book is not kept for those who come to see inmates. Max Beron's mental condition is all right. I can only say what he told me about deceased having visited him. I think Solomon has been to see him three or four times.
ALFRED PERRY , licensed tram driver. I was on duty on the night of December 31 and the morning of January 1. I drove the staff car, which is the last car, from Clapham Cross to Tooting Broadway; it left the depot at 1.55 a.m. and Clapham Cross at 1.58.
Cross-examined. 1.55 is the fixed time that the car had to leave on Saturday nights. I have never seen Stephens. No written record is kept of the time the car leaves.
Detective-Constable JOHN JONES, W Division. I wrote down Hayman's statement. I also visited the Jewish Home and took Max Beron's statement.
Cross-examined. I also took Castling's statement on January 6 at his address between 11 and 12 a.m. This is a typewritten copy of the statement I wrote down from his mouth; it is signed by him (Exhibit 54). I gave the original to a typist on my return to Brixton Police Station. I did not see it typed. I do not know what became of the original afterwards. (Mr. Abinger called for this original statement. Mr. Muir stated that it was not in existence; that it had probably been destroyed. Mr. Abinger stated that he would require sworn evidence to this effect. He read the typewritten copy of two statements dated January 6 and January 9.) I went back to him about
8 p.m. on the 9th to get the two statements signed, according to Inspector Ward's instructions; I do not know why I was not asked to go before. I am sure I did not take the original statement on the 4th. On the 9th I found him in the Hanover Arms with other cabmen near the rank. I asked him to come outside and he signed it on a wall. I took down ink, pen, and blotting paper for the purpose. I knew he was going to be on the rank, because I had made an appointment to see him. He was not asked to attend at the station, because he was working. I took Hayman's statement at his home about 7.30 p.m. on January 10. (Mr. Abinger called for this original statement and it was handed.) This is his original statement signed on that day. I bad seen full-sized photographs of prisoner in the papers before he signed the statement. (Mr. Abinger here stated that he did not object to this statement, Exhibit 55, being read, and this was done.)
Mr. Muir stated that the watchman who had been referred to as having been in a hut near the scene of the murder could not be found, but his statement had been handed to Mr. Abinger.
Mr. Abinger said he was satisfied that the watchman knew nothing about it.
WILLIAM ROBERT SMITH , M.D., D. Sc, Professor of Forensic Medicine and Toxicology at King's College Medical School, and Public Analyst for Woolwich and Boston. On January 10 I received from Inspector Ward some articles of clothing. Amongst them was a collar (Exhibit 10) from which I removed certain portions. This photograph (Exhibit 10a) was taken of it before I did so; it indicates a number of spots on the collar. I analysed some of those spots and found they consisted of blood. This tie (Exhibit 11) was also photographed in the condition in which I received it and this is the photograph (Exhibit 11a); it shows two spots on the front and one on the wing. I removed and analysed them and found they also consisted of blood. I also received a striped cotton shirt (Exhibit 12) and I cut off a portion of the sleeve and the whole of the cuff, which were photographed (Exhibit 12b). I removed the portions which were marked and found the marks consisted of blood. Further examination revealed that it was mammalian blood and still further examination revealed that it was human blood. The only qualification I have to make as to that is that it might have been the blood of one of the higher apes; it is either the one or the other.
Cross-examined. The collar has no laundry mark upon it. I should think the spots at the back are mud; I think one spot is ink, but I do not think the others are. The general condition of the collar at the police-court was fairly clean. The spots of blood were very small. I hardly think they would have come there by a man scratching his neck in pinning his collar; two of them were in the form of streaks; the point of a pin would make them. There is a faint smeer of blood at the point of the cuff, where it joins the sleeve; I do not think a pin could do that. I agree it would be very difficult for that to have got there if he had had his great coat on. I see there is a wind protector in the sleeve of this coat (Exhibit 14). If it were round there, it
would be an absolute impossibility. The cuff, however, may have been below the wind protector.
WILLIAM HENRY WILLCOX . M.D., F.R.C.P., Senior Scientific Analyst to the Home Office. On January 18 I examined the collar (Exhibit 10). At the police-court I said that, having regard to the wounds about the deceased, I could quite believe that there would be a pool of blood on the ground where the deed was done, and a certain, amount of bleeding would take place after death. It would be possible for a great deal of blood to get on the clothing of the man who did the deed, or for but little to get on it; I should not necessarily expect much blood.
Cross-examined. I examined in all 33 articles, and could detect blood on only the collar, the tie, and the shirt. I did not see the body of the deceased man, or the spot where he lay.
JOHN HOLMES GREAVES , of M. B. Burnand and Co., 17, Old Burlingtion Street, surveyors and valuers. On February 27 I visited Nos. 91 and 93, Newark Street; they are two-storeyed houses. I made a plan of the ground floor of No. 91; there are a sitting-room and a bedroom divided by a half-brick wall, through which sounds would be very distinctly heard; then a kitchen, with a door leading to a washhouse. The parting wall between 91 and 93 is 4ft. 7in. to 4ft. 4in. high; a man of prisoner's height could easily be seen over it. The front door of No. 91 has two bolts and a stop lock; the bottom bolt cannot be used at all; the top bolt is out of order; it takes at least ten seconds to undo it, and in the process it makes a very loud shrieking or grating noise, which can be heard all over the ground floor. The window of the front room has a sash which is loose and shaky; it cannot be opened without a considerable amount of noise. I also visited Clapham Cross about two in the morning and prepared a plan. (Witness gave the various measurements.) A person standing at the cab rank would, in my opinion, be unable to distinguish the features of anyone approaching from Old Town, Clapham. The distance from the cab rank to the "Hanover Arms" is 1? miles; from the "Hanover Arms" to the corner of Sidney Street is 4 miles 400 yards; from the "Hanover Arms" to Seven Sisters Road is 7 miles 250 yards; from Seven Sisters Road to Newark Street 5 miles 910 yards.
Cross-examined. The height from the sill of the front room window (at 91, Newark Street) to the ground outside is 7 feet 7 inches.
ANNIE ZIMMERMAN (interpreted). I live with my husband and three children at 91, Newark Street. We occupy the two rooms upstairs and one bedroom and kitchen on the ground floor; prisoner occupied the front room, sleeping on a sofa there made up as a bed; my husband and I and the children sleep in the bedroom. Prisoner came to us about three weeks before Christmas, paying 3s. a week and 7d. extra for milk. He had a latch key, but we never went to bed until after he got home, which was at 10, or 9, sometimes 11, never later than 12. Before December 31 I had seen him wearing a gold watch
and chain. I remember New Year's Eve; prisoner got home about midnight, just as the shops were closing; he came into the kitchen, where I and my husband were; he took the key of his room and went to bed; my husband locked the street door. I did not hear the bolt move during the night; if it had been moved I must have heard it, because it is a very hard one and I am a light sleeper. I saw prisoner next morning about ten o'clock when I took him his milk. His bed had the appearance of having been slept in, and I made it again. There was no blood on the sheets or pillows. I have never seen prisoner in possession of an iron bar or a dagger. There was no fire in prisoner's room on this night, When he came in he appeared quite as usual, not agitated. On January 1 he gave me, as usual, his dirty linen to take to the laundry; there was no blood on anything he gave me. He went out that morning about 10.15 and returned about two; he told me he would have to take all his clothes away, as he was going to Paris. On January 8 he called about 9 a.m. and asked for his washing; it was not ready and he said he would call again at four o'clock.
Cross-examined. I am sure prisoner did not go out after he came home on December 31. Prisoner could go in and out with his key, but nobody could come in without being heard. I said at the police court, "Prisoner had his own key and could go out and come in without me knowing it."
(Friday, March 10.)
Police-constable ELI GILBERT. By order of the Coroner I took five photographs of deceased which I developed and printed myself. Exhibits 13 and 13a are two of them; I did not touch them up. The negatives are here.
Cross-examined. In one of the enlargements I marked over the lines in the face; it was my own picture. It was not an exhibit at all.
MAURICE ZIMMERMAN , tailor, 9, Newark Street. (Evidence interpreted.) Prisoner lodged at my house four weeks. I go to work at 8 a.m.; prisoner used to go earlier on some occasions. I used to see him in the early morning; he washed in the yard. He generally used to go to bed between 9 and 11 p.m., at the very latest 12. He had a latch key. The keys of his bedroom and wardrobe were kept in the kitchen. The first week he moved in I noticed him wearing a gold watch and chain and he had paper money; I have not seen him with gold. I have seen him with cheap jewellery like this (Exhibit 41); he told me he dealt in it. It is my habit to go to bed at about 12 p.m. On New Year's Eve I came in at 7 p.m. and did not go out again. He came in about 12 p.m. I used generally to be the last one in, as I worked late, but I do not work on Saturdays. If I came home before prisoner I used to wait for him. When he came in on December 31 he went to bed. I bolted the door then and went to bed myself; it must have been just after 12; I cannot say
how many minutes after because my watch had stopped. I sleep with my wife and baby in the next room to prisoner's. The bolt closes very hard; you can hear it. I heard no noise that night. If the bolt had been drawn I must have heard it; I am a light sleeper. As a rule the baby wakes up at night time. I got up at 9.30 or 10 p.m. I saw prisoner. I did not see my wife take his milk up. I do not know if he went out. I did not see him in the afternoon. About 10 a.m. on January 8 he came for his washing; my wife went to fetch it. While she had gone I asked him why he had not gone to Paris, and he said he should not go. At 12 p.m. of that day I came home and saw the police there, and I told them I had seen prisoner on that day at my house. I was taken to the station and cross-questioned. I told them that prisoner came home at 12 p.m. on New Year's Eve. I cannot remember whether they asked me if I had heard him go out during the night. I signed a statement. I have never seen him with a knife five or six inches long nor with a crowbar. I did not know deceased; to my knowledge he has never been to my house.
Cross-examined. On that night prisoner came into the kitchen and my missus gave him the keys. He got in by his latch key; he could not have got in without; nobody could. I bolted the door every night so that a thief should not get in. It is difficult to bolt and it shrieks. It never wakes up the child.
ESTHER GROSE , wife of Solomon Grose, tailor's presser, 93, Newark Street. We have lived there 13 months. Prisoner lived next door, No. 91. I know Mrs. Zimmerman. About 12 p.m. on December 31 I was standing at my street door when I saw him pass the door. He took a key and let himself in to No. 91. There is a light outside. About five or ten minutes after he had gone in I heard the door bolt go, but nothing after. It was then about 12 or 12.30. I shut up the shop at nearly 1 a.m. I keep open late on Saturday nights because up to about 6 p.m. the shop is shut. I heard no one go out of No. 91. I went to bed at nearly 2 a.m. I got up at about 9 p.m. and saw prisoner from my yard washing himself under the tap in his yard; there is a very low wall separating the two and you can see.
Cross-examined. I Have known prisoner about three weeks. I cannot say I have seen him go in every evening, because I was not always standing at my door to watch, only I used to see him go in between 10 and 11 p.m. I have seen him do that three or four times altogether. I cannot say when were the first or second times I saw. him, but the third time was the second week he was there. I cannot remember the date or the day of the week, but it was about 9 p.m.—no, 11 p.m. I do not know what the time was when I first saw him, but the second time was 11 p.m.; I saw him twice at 11 p.m. I heard the door bolted on each occasion, but not always. (Here the witness asked for the assistance of an interpreter, but it being apparent that she understood English the examination was continued without one.) I know what "hearing a bolt go" means. It was only the last time I heard the bolt go. I did not hear the bolt go when he went in on the
first occasion at 11 p.m. I heard two bolts go on this night. I can swear that because we can hear; it is not so far. I heard first one and then after that I heard something which I thought was bolting; it was locked. I do not know that it was locked, I heard for sure it was bolted; I do not know that it was two bolts.
ESTHER BRODSKY , 71, Cleveland Street. My father is a tailor; I am 23 years old. On New Year's Eve I went with my sister Jane to the Shoreditch Empire. We went in about 9 p.m., paying 1s. for the orchestra stalls. I cannot remember any of the turns; I cannot read. Prisoner was sitting three or four seats up in the same row. I knew him by sight from seeing him pass our door. We left the hall at between 11.15 and 11.30 p.m. As I came out I saw him at the door. I cannot remember whether there was an interval. We went again on the following Monday evening. We sat in the orchestra stalls, the 1s. stalls. Jane happened to sit next to prisoner. I think I can remember a man playing a piano and singing a song. Prisoner and my sister and I had a conversation in the stalls. He saw us home after the performance. On the way I mentioned to Jane that it was her birthday next Saturday, and he said he would like to call round and see us and bring her a nice birthday present if she would accept it. Jane said she could not say if she could accept it until her father agreed. He said he would call on Friday. He called on that day between 5 and 5.30 p.m., and Jane introduced him to father. I think he was wearing this coat (Exhibit 14). He asked father if he could give her a little present, and father said she did not as a rule accept presents from strangers, only as it was her birthday he could give it her if he liked. He gave her a little silver watch (Exhibit 60). Either the Tuesday or Wednesday after he was arrested the police called on us. They asked my sister to go to the station and I went with her. On the Friday prisoner called he asked father's permission to take Jane to the Forester's Music Hall, and she and my little sister, Becky, went with them; they returned at 9 p.m.
Cross-examined. The only time we saw prisoner to speak to was on the Monday, Friday and Saturday nights. I cannot say what conversation he had with Jane about his marrying her; she had not known him long enough for that. He told father he was a baker and he worked before at Lavender Hill. He gave him his address where he lived, but I cannot say what it was. He said he was travelling in jewellery then and showed us a box containing cheap brooches and other things. Jane never told me anything about his wanting to marry her. I cannot say whether he made love to her. After the performance on Saturday night she pointed him out to me and said, "You recollect that gentleman?" and I said "Yes, I do." He often used to pass our door. I cannot say whether he was first in the hall that night; I noticed him there as they started playing. It was quite an accident that there happened to be vacant seats next to him on the Monday night. It was quite a different performance to Saturday night's. I am certain I have never visited him in Brixton prison. I cannot say whether Jane has; she never told me anything. She has never told me
whether she has been in communication with him. She told me she was going to see his solicitor and she took me. I have only been once to see him; it was a few weeks ago. Nobody has come to see me from the solicitor since I got the papers to come here. I have been in England 16 or 17 years; I can understand what is being asked me but I do not speak thorough English. We paid a shilling both times we went to the Shoreditch; we walked in and paid 1s. I know there are early doors for 1s. 3d., but when we went in we paid a shilling.
JANE BRODSKY . I am 16 years old and live with my father and sisters. From about two weeks before Christmas I have seen prisoner pass our door nearly every day. On New Year's Eve Esther and I went to the Shoreditch Empire. We paid 1s. for orchestra stalls when we went in; we did not go in at the early door. The performance was "up" when we arrived. We saw prisoner sitting a few seats up in the same row. I can remember Harry Champion singing "Ginger, you're barmy"; I cannot remember any of the other turns. After the performance I saw prisoner going up the steps. I do not remember anything else happening that night. We left at about 11 or 11.30 p.m. It would take us about half an hour to get home. We went to the same music hall on the following Monday. It was a different performance; I remember Harry Harris playing the piano and singing, and there was a man who sang a Scotch song dressed as a Scotchman. Prisoner was sitting next to me; He got there first. He spoke to as and asked to see us home. On the way home he asked me if I remembered him keeping me from falling on the previous Saturday; I had slipped just outside our place and he had kept me up. Esther happened to mention that it was my birthday on the next Saturday, January 7, and he asked if he could come round. I told him if he would come round I would ask my father if he could come in. He said he would like to bring a present. On Friday, January 6, about 7 p.m. he called. I introduced him to my father. He asked his permission to give me a watch, and father said that he never allowed me to take presents off anybody he did not know, but as it was my birthday he could give it me if I wanted to take it. He gave me a little silver watch. He asked father's permission to take me to the Forester's Music Hall, and my father said "Yes, but not alone." He took me and my sister Becky to see the pantomime there. We returned at 9 p.m. and we had some tea. He was wearing an overcoat like this (Exhibit 14). He called at 4 p.m. the next day by appointment and took me at 7 p.m. to a Mr. Rotto's in Charlotte Street; we walked. down the Mile End Road and then took the motor bus. We saw Mr. and Mrs. Rotto and had some refreshments, and we got home about 10 p.m., taking a motor 'bus the whole way. On January 10 or 11 the police called. They came and saw my sister Tillie because they had found her photograph in prisoner's pocket. She said she had not been with him. Then they asked me when I first knew him, and I told them I first spoke to him at the Shoreditch Empire on January 2. They asked me questions and I answered them. This is the postcard photograph of my sister Tillie (Exhibit 61) They gave it to him on
January 6; he asked to have it and she gave it him. (Prisoner stated that the writing on it was his own.) The police never asked me whether I had seen him on New Year's Eve. They fetched me to the station about four or five times after that when they would ask me questions for about an hour or so. I told them I could not make a statement on my own accord, but if they would ask me questions I would answer them. I signed three statements in all. I asked them to drop me a postcard when they wanted me at the station, but instead of that they sent a policeman in private uniform. I have been four or five times to see prisoner in prison; on the first occasion I went by myself, and on the next with Tillie. My father has taken me also. I have never been with Esther. He wrote and asked me to come.
Cross-examined. He did not exactly make love to me. On the Friday he asked me if I would give him (permission to go with him and then to marry me. I told him he had better ask father. I did not know that telling the police I had seen him on the Saturday would be of any value. I had no reason for keeping anything back from them the first time, but afterwards I had because they were bullying me too much; I did not like the way Inspector Wensley spoke to me and he asked me certain things I did not like. I had no other reason for keeping things back. I did not at any of the interviews say that I had seen him on the Saturday night. On one occasion they sent for me. I had arrived home for dinner and was hungry. I went and asked why they did not send me a postcard. They said they had lost my statement. Inspector Ward asked me if I had ever seen prisoner before Monday and I said I had. They asked me when and I told them it was no concern of theirs. This was after I had made a statement to the lawyer. I had seen prisoner once before I gave that answer. I had told the police I had seen him passing my house. They asked me if I had seen him before, but not at my place. I do not think I have got the letters from prisoner asking me to go and see them; I cannot swear they are not at home somewhere. I have had a good many while he has been in prison.
Re-examined. The inspector told me I would not be called in court because my evidence was not of much value. I did not like policemen calling at my house, because the neighbours were already speaking about it. (To the Court.) I was at Rotto's house from 7 till 10 p.m. I was in a house round the corner. Mrs. Rotto remained with us the whole time. I did not know of Florence Dellow at the time; I do now. I did not know where prisoner was living at the time. I told him I would see whether I would marry him. He only paid for the fares on the bus and to take us to the Foresters' Music Hall.
MAX MANNIS . I trade as "The Japanese Laundry." For four weeks Mrs. Zimmerman bought me her lodger's (Morrison's) washing; the last time was on a Monday morning. I cannot remember whether she brought any after New Year's Day. On the Sunday night the police called and (produced a ticket for Morrison's washing. I gave them what Mrs. Zimmerman had given me on January 2—three collars, two handkerchiefs, a sheet, a towel, and a flannel shirt (Exhibit 63). As
parcels of washing are brought I count them and see the laundry marks. Morrison's mark was 217 with a cross as on this handkerchief (Exhibit 62). There is no washing mark on Exhibit 10. All the articles in Exhibit 63 bear his washing mark. The first time the police came they asked me if I had noticed any Wood on the things as they came and I said, "I do not take notice of any stains on the dirty washing that comes." If there were blood on the linen as it came I would not remember it.
ESTHER BEODSKY , recalled, further cross-examined. I think my sister paid on the Saturday night. I cannot recollect whether she took the tickets on the Monday; she often does. I know we paid 1s., because we never go for more money than that. I think the performance was begun when we went in on the Saturday and we got seats. I do not remember whether there were many vacant seats. Whether it was 9 or 9.15 or 9.30 I cannot say. I do not remember the acting manager standing at the pay (box and telling people that there were not seats before 9. I swear we went there on New Year's Eve and got seats by simply paying a shilling. There was room for us. I am not making a mistake about the date because we wanted to go and hear the bells at St. Paul's Churchyard, but we thought we would get home too late, so we went to the music-hall. I cannot say what the prices were that night, but I know I paid 1s. If it is the truth that the lowest (price seats were 1s. 6d., then it must come out that I am a liar. Further re-examined. I cannot judge of the size of the hall. I cannot recollect whether my sister or I paid.
JANE BRODSKY , recalled, further cross-examined. On the Saturday night we arrived at about nine; we never go in before. There were only the two vacant seats; we were just in time; the performance had just started; they were lifting the curtain up. We sat in a row three or four rows from the stage. I paid 2s. for myself and my sister, for on the Monday we went at the same time and eat in about the same row. I think I paid again—1s. each. I do not know that the orchestra, stalls were raised to 1s. 6d. on the Saturday; I do not know that I could not have got in for 1s. People may have been standing, but we got two vacant seats; whether two people had got up I do not know. They were two seats at the end of the row and some people do not wish to sit at the edge, because they cannot see very plainly there; the poles might be in the way. There were poles in the way. The place was full.
Further re-examined. I swear I paid 1s. I think I paid with two single shillings. I know now that prisoner was living with Florrie Dellow, but I have come to tell the truth.
Further cross-examined. This is a bill of the Shoreditch Empire, but I do not look at the bills. (This bill was shown to the jury, but, on Mr. Abinger objecting to it, it was withdrawn.)
(To the Court.) I knew when the police came to me that prisoner was suspected of murder. I did not think that the fact of my having seen him on December 31 would be of any value. They asked me when I first knew prisoner; I did not know prisoner on Saturday, because I had never spoken to him. It was not for me to say that I saw him
then. I knew when the murder was committed, but according to the times that I saw in the paper prisoner could have been in many places between 11 p.m. and the time of the murder. I thought that what you saw done at the time of the crime was of use and that afterwards and before is of no value. I just realised it was worth while mentioning the fact when I saw in the paper that people were saying he was in Snelwar's restaurant that night, and in the same week after I had seen the police I went and told the lawyer for the defence, as I thought it would be better for me to see him than the police. I did not tell the police after that because I was angry.
ERNEST M. E. LEWIS . Last December I was a cashier at the Capital and Counties Bank, Commercial Road. On December 2 a man came with £35 cash and asked for banknotes. I cannot be sure if prisoner is the man. He was talking to me a very short time. I presume he asked if we could give him £35 in £5 notes; it is not an unusual thing. I made out this exchange slip (Exhibit 65) and handed it to him. He signed it and I gave him the notes. (Prisoner here signed his name twice on a slip of paper, Exhibit 66.) I should say that the signatures in Exhibit 61 and 65 and 66 are written by the same man.
Cross-examined. The numbers of the notes were C 87 79,424 to 79,430. This extract from my register of the banknotes is correct (Exhibit 67). (The "S" in prisoner's signature on Exhibit 66 is different to that on Exhibit 65, the letter "S" being a very open "S" like the open thing on a fiddle.
ISABEL SAUNDERS , clerk, 69, Manchuria Road, Clapham Common. At about 8.30 a.m. on January 2 I was walking across the common by the "Windmill," when I found at the spot marked on the plan this bloodstained handkerchief (Exhibit 32), Which seemed damp from dew. I had heard that morning at breakfast of the murder. I put it in my pocket and took it to business. In the afternoon I took it to Scotland Yard. (To the Court.) It was right at the end of the path leading from the bandstand. Numbers of people walk along there every day.
Cross-examined. It caught my eye directly as I passed. WILLIAM WHIDDETT, taxi-cab driver. I usually stand on the Clapham Common rank by the "Tower" public-house. All the lights from shops and public-houses round there are out by 12.30 a.m. At the dead of night it is a very bad light there. (To the Court. I wear spectacles.)I can see perfectly well with them; I had them on when I applied for my licence and was tested. If a fare came up to me I would not look at him, but if I did I should not be able to recognise him as I should not take sufficient notice. I could not describe what he wore even if I saw him in the daytime. A cabman does not look at his fare.
Cross-examined. I do not think that the taxi-cab rank is further away from the lamp that is there than the horse-cab rank. (To the jury.) There are generally about two horse cabs on the rank, and we pull up as close to the cabs as we can. If there are not any at that end we pull right up. The horse cabs are much nearer the clock.
Re-examined. The horse cab rank commences just opposite the pump.
FREDERICK A. GROCHER , another taxi-cab driver, said that cabmen would not as a rule take particular notice of the dress of a fare; if he picked up a fare at three o'clock one morning he could not speak as to that fare or his clothing ten days afterwards.
MICHAEL GOLDBERG , salesman at Gardiner's, hosiers, etc., Commercial Road. On January 4 I sold, to a man who I believe was the prisoner, a vest, a pair of pants, half a dozen collars, two shirts, and a pair of cuffs; total value £1 5s. 3d. Exhibit 31 is the invoice. Exhibit 10 is a collar identical with those I sold.
Cross-examined. The button-hole of Exhibit 10 has, I think, gone too far for a collar that has only been worn three days. Gardiner's have been making this class of collar for two years; they have several shops at which these collars are sold.
FLORRIE DELLOW , 116, York Road. I am a married woman living apart from my husband. I had heard of prisoner before, but the first time I saw him was on January 1. He called between 12 and 1, and Mr. Frank, my landlord, introduced him to me. He asked me if I would care to live with him; I said, "Yes, if he would look after me," and he arranged to come at ten that night; he said he would have to get the landlord's permission. He came that night and stayed, leaving me between 10 and 11 the next morning. I saw him on the 2nd, but he did not stay with me that night, as I had a friend coming. On the 4th he came with his luggage; from then to the day of his arrest he slept in my room. When he left me on the morning of the 8th he had on a green suit. On the 7th he had put on clean underclothes. On the 8th he put on a clean collar out of a box labelled "Gardiner's." His dirty linen was kept in a basket in my bedroom. While he was with me his nose bled on one occasion.
Cross-examined. I have lived in this house six months. I do have men friends call to see me there, with the knowledge of Frank. I am not a common prostitute. I have been twice convicted for prostitution. On the morning of Wednesday the 4th the first thing, about nine or ten, I took a clean collar out of the box (Exbihit 69) and prisoner put it on; I am certain of it. (On being reminded that the collars were actually purchased on the 4th, witness said it might have been on the Tuesday.) The prisoner told me he was living in the East End; he said Whitefield Street. I thought that was the East End; I did not know it was in Tottenham Court Road. I know where Tottenham Court Road is; it is in the City, is it not? I have lived three years in London. Prisoner told me he was a traveller in cheap jewellery; on a card he gave me he is described as a diamond dealer and jobber. Prisoner gave me about £2; he had it in silver or gold, loose in his pocket. I never saw him with gold in a paper bag; he had one or two banknotes in a purse. I have visited prisoner in Brixton Prison; I know that Frank has also visited him; Frank told me so.
Mrs. ANNIE HALL. I live at 116, York Road, on the floor below where Dellow lives. I do her work and washing. On Wednesday morning, January 4, I was in Dellow's rooms and saw her take a clean collar out of the box (Exhibit 69) and hand it to prisoner. Dellow had several gentlemen visitors; I did not see them dressing.
Cross-examined. Prisoner called my attention to it and asked me to make a note of it; I reported it to the medical officer.
WILLIAM CUNNINGHAM , another warder, spoke to prisoner's nose bleeding on February 15; it appeared to come on quite naturally; prisoner was very excited, and requested witness to report the circumstance.
STINIE MORRISON (prisoner, on oath). I am between 29 and 30 years old. I was born in Australia. In September last I was working for Mr. Pithers, a baker, at 230, Lavender Hill; I used to start work at midnight and finish about nine in the morning. I left Pithers on November 10. I had received a letter saying that my father was ill and I intended to go home. Afterwards I learnt that my father was better. I bought a stock of common jewellery and started travelling. I first went to 4, Whitfield Street, Tottenham Court Road, where I stayed two days; then I went to 5, Grove Sreet; at the end of November I went to 91, Newark Street. During this time I was earning about £2 a week. About November 28 I received from my mother in Russia £20. On November 30 I bought some clothes, for which Exhibit 29 is the receipt. On November 30 I bought a gold watch and chain and a ten-shilling piece for £9 17s. 6d. and an overcoat for £2. On December 2 I bought a macintosh for £1 17s. 6d. and some clothes at Hope Bros. for £3 5s. 5 1/2 d. Some time in December I bought the revolver (produced) at a shop somewhere in Aldgate; I bought it at a sale cheap for 7s. or 8s.; it must have cost 15s. or £1; I also bought the box of cartridges (produced). On several occasions in Snelwar's Restaurant I tried to sell it, showing it to everybody there; I wanted 12s. for it. On one occasion two men wanted to buy it; they examined it, and as they wanted to know how it would be loaded I loaded it just to show them, and it has been loaded ever since. I have only had it in my pocket on two different occasions; after that it was lying in my room all the time. About December 1 I went to a club in Greenfield Street, off Commercial Road; I used to go there on several occasions, not to play, but just to watch other people play faro. The croupier is in the habit of drawing banks for people. On this night I laid out £10 and the croupier drew a bank for me. When they had finished playing there was £28 won and the £10 I had put in; I paid the croupier £3 and I left the club with £35. The bank bag that has been referred to I picked up in this place to put my gold into. As to the watch and
chain I had bought for £9 17s. 6d., I did not like the watch, so I pawned it on December 23 for £4 10s. (meaning to sell the ticket) and bought a lady's watch for £1 10s. On December 23 I was in no need of money; I had close on £30, in fact. While living in Grove Street or Newark Street I very often went to Snelwar's Restaurant. I there met Leon Beron; I knew him only by the name of "the landlord," I did not kill that man. I have not seen him with large sums of money such as £20 or £30 in a wash-leather bag. I have never had his watch in my hand, nor has he had my watch in his hand. I was never in Beron's rooms at 133, Jubilee Street, nor was he ever in my rooms; I did not know where Beron lived. In Snelwar's Restaurant I have seen Jack Taw; I have never shown him the pistol, but he may have seen it when I was trying to sell it to the two men. I am a left-handed man. I first saw Frank some time in December, and from him first heard of Florrie Dellow. At Snelwar's I have met a man called "the Colonial"; he is also a jewel traveller; I do not know his name. It was my custom on Sunday mornings to change my linen and put on my best clothes; I generally change my collars every three days. At the time of the murder I had plenty of clean collars. On December 23 I bought for £1 10s. the chain I was wearing when arrested. I had two pairs of boots, a Trilby hat, a bowler hat, and a brown cap. I have never walked with Beron through the streets as far as I remember. At 91, Newark Street I had a latch key; the key of my room was kept in a wardrobe in the kitchen. I have never in my life possessed a dagger or a bar of iron or any weapon except the revolver. On December 31 I bought the flute (produced) at a stall in Aldgate. I bought some common jewellery there; seeing the flute and taking a fancy to it I bought that as well; I paid 4s. or 4s. 6d. I bought it between 10 and 11 in the morning. I had breakfast that morning at Snelwar's. Mintz kept me waiting for some time; seeing him standing talking instead of serving me I called out to him, "What are you doing down there—are you trying to hang yourself again?" He then came and served me, but he said, "If ever I get the chance to get it out of you I will"; and I believe he is doing it now. After breakfast I left the restaurant soon after nine o'clock. I went towards Aldgate, and at a stall there I bought some common jewellery and this flute. The flute was done up in brown paper; I put it in my overcoat pocket; then I went about travelling with the jewellery. I got to Snelwar's Restaurant that night about eight o'clock; I had the flute in my pocket. The little girl there asked me, "What have you got in this parcel?" I said, "A flute." I gave the parcel to Mintz and asked him to keep it for me till I came back from the Shoreditch Empire. I swear that the parcel I gave him contained a flute and not a bar of iron. It is not true that I was with Leon Beron about nine o'clock and that I stayed with him till 11.45 and then went out with him. I know Hermilin; he is wrong in saying that I had Beron's watch in my hand and remarked that it was very heavy; also in saying that I was taking tea with Beron between 8.30 and nine. I left the restaurant at 8.30 and went to the Shoreditch Empire. I think I got there 10 or 15 minutes before
the performance commenced, which is usually about nine o'clock. I gave half a sovereign and got a ticket and some change; I do not remember whether nine shillings or less. I always paid a shilling for a seat at this place. I remember some of the turns at the hall that night; there was Gertie Gitana; I am not sure whether Harry Lauder was there; there was somebody playing a piano; there were a boy and girl acting as man and wife; there was a lady singing and a man dressed up as a Scotchman. In the hall I noticed Jane and Esther Brodsky, but did not speak to them. I left the hall at 11.20 or 11.30 and got back to Snelwar's about 11.45. I saw Leon Beron there. I had a cup of tea; I asked for the flute, which was given to me; I put it in my pocket and went out. That night I had on the brown motor cap and brown boots with light spats.
(Saturday, March 11.)
STINIE MORRISON (prisoner, on oath), further examined. On leaving the restaurant I turned to the left, I came out into Whitechapel and turned again to the left and went along Whitechapel till I came to Cambridge Road; then I crossed the road into Sidney Street. As I was turning the corner of Sidney Street somebody shouted out to me, "Bon soir, monsieur"; I looked round and saw Leon Beron and another man, a very tall man, standing across on the other side of the pavement; the other man was very well dressed; I could not see his face. I then went on to Newark Street to my lodgings; I let myself in with my latch-key, went in the kitchen; the landlord and landlady were both there; I took the key of my room and went in and locked the door and went to bed; the key of my room was hanging up in the kitchen; about 10 minutes after I got in to my room I heard the front. door bolted. I swear that I never left that house till the first thing the next morning, Sunday, January 1. I got up between nine and ten and went into the yard to have a wash; after I had a wash I went to the baths in Sidney Square; I came back and put on clean linen and my green suit. I saw Mrs. Zimmerman that morning about nine, and paid her 3s. for lodgings and 7d. for milk; I generally paid my rent on Sunday. I then went out to the restaurant, where I was arrested, 7, Fieldgate Street. After I had finished my breakfast I came out and went to Snelwar's Restaurant; there were several customers there; I went right inside. I saw Snelwar there and asked him if he had seen the "Colonial"; Snelwar said he had not been there yet. I left the restaurant and went to 116, York Road; I went there because I had received a postcard from the landlord saying he would introduce me to Florrie Dellow. I got there about 12 o'clock; Mrs. Franks was counting out some money, and she told me it was the rent money; I saw two £5 notes on the table and I asked her if she would give me those notes for gold, and she did so. Whenever I have gold I always change it into bank notes; I do not like carrying loose money about with me. Franks introduced me to Miss Dellow, and we arranged to live together. I then went back to Newark Street to get
my things and I told the landlady I was going to Paris; I told her that because I did not want her to think I was going to another place. I took my things and the revolver to St. Mary's Railway Station; on my way there I thought that if I go to 116, York Road, without the landlord's permission I might get turned out, therefore it would be advisable to leave my things in the East-End, so I took them to Romford Street, which is at the back of St. Mary's Railway Station, and I paid 3s. for a room there. I left the revolver in the cloak-room at the railway station because I intended to go to Florrie Dellow's, and I did not want to frighten her. After that I went to Thrawl Street to where the Flittermans live; Mrs. Flitterman wanted some money, Isaac Flitterman had a cheque and I cashed it for him. I left them about nine o'clock and went to York Road; I slept with Miss Dellow that night; the next morning, January 2, I had my breakfast with her and I went out between nine and ten to Romford Street and got my common jewellery from there and went about travelling with it in restaurants and coffee shops round about Bow Road. In the evening I went to the Shoreditch Empire, and I saw the Brodskys there; when we came out I walked home with them; I did not go inside their house. On January 3 I was travelling with my jewellery; I did not sleep with Florrie Dellow that night; she said some friends were coming there and it would be inconvenient. On January 4 I went to Gardiner's shop and bought six collars and some other things and took them to York Road. I can read English, and during this time I was reading the papers every day; I knew that a man named Beron had been murdered on Clapham Common and that they were looking for the murderer, but I did not know that the man was the one I knew as "the landlord." I never knew that Beron was his name. On January 6 I was travelling in Whitechapel, and in the evning I called at the Brodsky's; I gave Jane Brodsky a silver watch and a rolled-gold chain as a present. On January 7 I went to the Kennington Baths and when I returned I changed my linen; I left Miss Dellow and arranged to come back on Sunday morning. On Saturday night I slept at 32, St. James Street; I did not go back to Fieldgate Mansions because I had moved my things from there; 32, St. James Street is about 500 yards from Snelwar's Restaurant. When I got up the next morning, Sunday, while I was washing my nose began to bleed, and as I was stooping down some blood got on to my left hand; as I was carrying the water from the tap to my nose the blood kept dropping and mixing with the water. That morning I went to Newark Street to get my washing; I then went to Fieldgate Street and had my breakfast in that restaurant; I was reading a paper, and three policemen jumped in at once and one or two came in afterwards; I was seized at once by two, and Inspector Wensley caught hold of my arm. Wensley said, "Stinie, I want you for murder"; the other two officers started rubbing their hands along my sides; I thought they were going to put something in my pockets; I said, "Please do not put anything in my pockets." I was searched and taken to the police station; at the station they searched my pockets and took everything out of them. Wensley
said to me, "You will be detained at present, but you will be charged with murder when Inspector Ward comes." I was put in a cell; all my clothes were taken from me except my pants, socks, and vest. That night I slept at Leman Street. On January 9 I was taken inside the office; there were about nine or ten persona, every one of them very shabbily and poorly dressed, and I was told to stand amongst them. While at Leman Street I sent for Inspector Wensley and said, "I understand that I am detained here on a very serious charge, murder I am told, and I desire to make a voluntary statement; he replied, "Very well"; and I made a statement.
Cross-examined. When I went to Flitterman's on January 1 I should think I had about £28 in my possession. I had four banknotes and I had about £8 or £9 in gold; the two banknotes produced are the two I got from Mrs. Franks for ten sovereigns; the other two I got from Cook's offices; one of them I changed in York Road. The £38 I got at the gambling house on December 1; I had been at the house once before. I do not know the names of the people, but I can tell you the name of the croupier, and if you let me go with the police in a taxicab I can take you to the place and can bring all the house to prove that I won the money there. The £20 that I got from my mother in Russia came in English banknotes; I have not kept my mother's letters.
Mr. Muir was proceeding to cross-examine as to purchases made by prisoner on November 30, when Mr. Abinger asked to what issue the questions were directed.
Mr. Muir. The issue whether the prisoner was on January 1 in possession of the proceeds of the robbery of Leon Beron.
Mr. Abinger said that was cross-examination directed to prisoner's credit, and he objected. Under the Criminal Evidence Act 1898, section 1, such cross-examination is not admissible "Unless.... the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution."
Mr. Justice Darling directed Mr. Abinger's attention to his cross-examination of Mintz and Mrs. Deitch.
Mr. Abinger said his cross-examination of Mintz was directed to show that the man might have been afflicted by the Almighty with madness, and that, therefore, apart from his character, he was not a proper person to give evidence in a murder trial. As to Mrs. Deitch, at the time of her cross-examination there had been cross-examination of Eva Flitterman and Rosen which resulted in their admission that they had committed perjury.
Mr. Justice Darling. That was at the police court; the question is what was done in this court. Neither Flitterman or Rosen has been called here.
Mr. Abinger. The depositions are in.
Mr. Justice Darling ruled that the cross-examination of Mrs. Deitch (he thought also that of Mintz, but he founded his ruling upon that of Mrs. Deitch) was such as to let in cross-examination to the prisoner's character. The fact that two witnesses for the prosecution in the police court had given evidence which was untrue did not alter the position under the statute.
Cross-examination resumed. On November 30 I spent £22 10s. On December 23 I pawned my gold albert because the very same day I bought a lady's watch and chain; I did not like the watch so I pawned it for £4 10s. and I tried to sell the ticket for a sovereign; the chain when new cost £5. I can prove that everything I have has been bought between November 25 and December 1 or 2, in fact, before December 1.
On December 2 or 3 or December 1 I went into a bank in Commercial Road and changed £35 into banknotes. I have no document to show I was spending money between December and January 1, for the simple reason that it was not necessary for me to buy anything; I bad everything I wanted; it only cost me 25s. or 30s. a week to live at Newark Street. I had no notes left after December 23 because I had changed them into gold. I knew Leon Beron by sight from the time I started going to Snelwar's Restaurant; that is, ever since I have been in the East End. I was not a daily customer at the restaurant; I might have had my food at other restaurants; sometimes I was there three times a day and sometimes only once a day, sometimes I did not go for two or three days. I saw Beron there when I went there; he used to say to me, Comment vous portez vous. I would say, Tree bien. That is all that passed between us. Beron has never in any way been friends with me; I never had any occasion to walk with the man in the street as any two friends might have done. On several occasions we might have been sitting at the same table; there is no special table for anybody; you can sit where you like. I never had Beron's watch in my hand; I did not say it was a heavy one. He used to take it out and look at it every five or ten minutes. Everybody could see that the watch was very thick, so naturally it would be heavy. I was just as friendly with Beron as I was with any other customer in the shop. I did not spend the whole evening of December 31 with Beron; his own brother says he saw him in the street between nine and ten alone, and I can prove I had not been in that restaurant since 8.30 up to about 11.30. I did not leave with Beron; I never went out with that man in my life. I did not have the revolver in my possession then; I have not had it in my pocket since about December 18; it was in my portmanteau at home. I had the parcel containing the flute; I bought the flute on a stall in Aldgate on Saturday, December 31. I do not know there are only 11 stalls there on a Saturday; I did not count them. I bought the revolver in Aldgate in a shop; I do not know what other things there were in the window. I cannot describe the shop now, it is such a long time ago; I could find my way to the shop. I have not got a gun license; I did not think it was necessary. I have never had a revolver before. When I disposed of the revolver by putting it in a cloakroom it was loaded; I loaded it in Snelwar's Restaurant. Two men wanted to buy it and they wanted to know how it was loaded. I put the cartridges in and it has been loaded ever since. I put it in the cloakroom on January 1 because I thought it might frighten Dellow. I deposited it there in the name of Banman. I took my clothes away from Mrs. Zimmerman's place on the Sunday to York Road. I told Mrs. Zimmerman I was going to Paris. Every time I leave my lodgings or a situation I say I am going away somewhere, because I do not like to say I have found a better lodgings or situation. The witnesses who say they saw me in Shoreditch between one and two in the morning could not have done, because I was in bed and asleep. I do not know Mrs. Deitch, I have never seen her before in my life; I have never been to her house with Eva Flitterman for
immoral purposes. I spent the Saturday evening at the Shoreditch Empire; I left the restaurant about 8.30, or a bit later; I got to the Empire about a quarter to nine. I got a seat in the stalls; I was in the same row as the Brodskys; if the seats were all let the people who had been sitting there must have got up; there was an empty seat and I took it. I cannot remember what sort of ticket I had; I did not keep the ticket; it was taken away from me inside. I have known Max Franks about eight years; I did not know he was a receiver of stolen jewellery; he told me that he was offered £100 to give evidence against me by one of the detectives; if I had known what he was I would not have lived in his house. I have known Rotto ever since I have been in England; I did not know he had been convicted of receiving; he has been very kind to me; he found me a good situation as a baker. Between January 1 and 8 I was selling cheap jewellery in restaurants and coffee shops; I did not go in Snelwar's restaurant at all that week; the reason I did not go in there much was because the waiter annoyed me and did not serve me properly. I very seldom used to sell any jewellery there; they are very poor people that come in there. I first heard of the Clapham murder on January 1; I read it in the papers; I did not know that it was the man I had seen in the restaurant known as "the landlord"; the papers did not put any such name; he was described as "the mad landlord," and the man I knew as "the landlord" was not mad. I never thought for a moment till my arrest that that was the man; if I had I would have gone to the police to prove that I was in bed and asleep at the time the murder was committed. I saw Beron out in the street that night; I remember looking at my watch and it was then seven or eight minutes past 12; he was standing at the corner of Sidney Street on the left-hand side; I was coming round the corner on the other side; the man that was with him was very well dressed; I could not see his face as. his back was turned to me; I know he had a bowler hat on; he was a tall man. I put on a clean tie and shirt and collar on Saturday morning; I change them every Saturday morning; if there were any bloodstains on the collar I will account for them in this way. At Mrs. Zimmerman's I went to have a wash under a tap; as I was washing my nose began to bleed; as I was carrying water from under the tap to my nose the blood out of my nose dropped into the palm of my hand; I emptied that water; at the same time there were stains of blood and water dropping out of my nose; as I was putting the palm under the tap to get some more water the force of the water running but of the tap caused it to splash up; that is how it must have got on to that sleeve. I did not have my shirt and collar on then, but after I wiped myself and went to put my collar on there must have been bloodstains on my fingers; as I was pinning the collar on behind it must have left a stain on the collar.
It was arranged that before the Court resumed on Monday the jury should be driven to the scene and neighbourhood of the murder in the small hours of the morning; they had already seen the place in daylight.
(Monday, March 13.)
STINIE MORRISON (prisoner, on oath), further cross-examined. I believe the place at which I deposited my clothes was 72, Romford Street. If it was not 72, then it was 172, but I remember it was the furthest house on the right-hand side as you come from Fieldgate Street; it was on the first floor. If they asked me my name, I said Stinie Morrison. I have been in correspondence with my mother in Russia, but I have no letters from her. Her letters were addressed to me in my name at the General Post Office; the letters containing the banknotes were not registered. I bought the cheap jewellery that I sold wherever I took a fancy to it—at a stall or shop. I had several documents to show that, but after I sold the jewellery it was no longer necessary to keep them, and I have none now. I had none of my old stock left or I would not have bought more. It depends entirely upon my own words whether I ever sold cheap jewellery or not. I never told the police that I was carrying on the business of changing cheques for money because they never asked me. I never gave any of the notes that I got on December 2 to Rotto. It is quite possible that I did; I may have given him one or two in the course of business; I remember having some small black watches from him. I never went to the "King's Head" at 28, Commercial Road, as far as I remember; I never went into a public-house on any occasion as far I remember. I am perfectly sure I did not change two five-pound notes there between December 2 and December 8. I cannot remember ever having changed notes in a public-house. I have never walked out in the street with Leon Beron on any occasion. I do not know who keeps 2, Harding Street. The man of the house introduced me to Eva Flitterman. Several men and women live there, but I do not know their names. I have never heard of Hugo Pool. (Mr. and Mrs. Pool came into court.) I know those people, but they are not the people who kept the house; I had known Pool several weeks before Christmas. On one occasion I went to see him at 36, Grove Street, but he was not in. That is a prostitutes' house. I believe on December 29 I visited him at 2, Harding Street. I did not see Mrs. Pool there. I did not ask him to come out and have a drink; I do not drink. He did not say, "No, I am not very well, and it is too late." I never spoke to him. Deceased was certainly not in that house with me on that night. He was never with me in any house as far as I can remember. It is quite possible that he was upstairs, because people coming in there generally go upstairs. I did not leave Snelwar's restaurant with Zaltzman either on that night or on any other occasion, so far as I can remember. Deceased was certainly not with us. It is quite possible that Zaltzman, the deceased, and the old man they call the "Colonial" and myself left the restaurant that night when the people were turning out, but I do not remember having walked with them on this occasion or on any other occasion. Zaltzman did not say "Good night" and leave deceased and me together. Deceased was not with me on the 30th. I cannot exactly indicate the stall at which I bought the flute; I came into Aldgate on the left-hand side and I came
along the stalls until I came upon that particular stall. I think it was the third or fourth stall as you go towards Aldgate. (Here prisoner desired that a letter he had written to the Judge should be read. (Exhibit 77.) It requested that the keeper of the ironmongery stall should be called and asked whether he had ever sold witness a bar of iron. Mr. Abinger stated that he was satisfied Mr. Muir had made no such suggestion. The witness marked on a plan the locality of the stall at which he bought the flute.) I see on this plan that the stalls are numbered 1 to 13, starting from Mansell Street. It is quite possible that at 3 p.m. on December 31 that there were no stalls beyond No. 13, but what I do know is that I bought a flute in Aldgate. I must have bought it at one of those 13 stalls. I cannot remember what kind of things they were selling on it. I bought several articles of cheap jewellery from the same stall. I agree that I could not have bought the flute at fruit, sweet, vegetable, book, ironmongery, fish, rubber heels, flower or stewed eels stalls, but I know there was another stall there or else I should not have been able to buy these articles. I should certainly not recognise the man from whom I bought them. The only time Eva Flitterman came to 91, Newark Street was on December 24 or 25. I had not a flute or a box, as she suggested. I heard Green say that I left the revolver at the station cloak room at 11 a.m. I asked my solicitor not to cross-examine him because I admit that I did deposit the revolver there, but his time is wrong. If I had wanted to do away with the ticket I should certainly have destroyed it. To put it in the lining of my hat is just as good as putting it into my pocket. As far as I remember I was the only person in the restaurant when I was arrested. Three officers came in first and two afterwards and at least three must have heard the charge of murder mentioned. If Inspector Wensley did not charge me or say that I am wanted for murder in that restaurant, and if the detective whom I now know is Detective-inspector Brogden did not while walking along say to me that I am wanted for murder, and if Inspector Wensley did not again say in the police station that I will be charged with murder, may my innocence never be proved. Wensley did not mention what murder he wanted me for and I did not ask him. I had heard about the Clapham murder as I read it in the papers every day. I had also heard of the Houndsditch murders. What I said to Wensley on his telling me that he knew my name, I did so because he had already called me "Stinie" in the restaurant. It is true that I said that I lived at 4, Whitfield Street, but I was not living there actually at the time; I lived there between November 10 and 12. It is Rotto's address. Wensley did not say to me, "You have not reported your change of address and you will be detained for the present." It is true that I was a convict on license, but that is nothing to do with this case. But for that they would not have dared to arrest me. I gave my address as 4, Whitfield Street, W., when I first went there and I continued reporting myself at Tottenham Court Road Police Station on the 17th of every month until a few days before my arrest. I gave that address because they bullied me. During the time that I lived at 213, Lavender Hill a police officer
came to the bakehouse every night to see that I was there. I was hunted out of the place. Pithers can corroborate me. I have heard the officers say that no charge of murder was made in my hearing, but every one of them is telling lies. At the time that I made my voluntary statement I knew that I was wanted for the Clapham murder because Wensley told me at the desk. It was made for the purpose of clearing myself and I intended that it should be believed. Inspector Ward dictated it to the typewriter, and the typewriting man put it as he said it and not as I said it; ho put a different face on it altogether. It is quite true that I read and signed it, but I did not think at the time. If I was as clever as them I could see at once that he was building up a story to hang me. I do not remember in my verbal statement having mentioned the Clapham murder or the name of Leon Beron, but I know perfectly well that they mentioned it to me on several occasions. I was born in Sydney; then I was taken to Russia, where I lived 12 years; then I was sent to Germany, where I lived 18 months; after that I was 18 months in France, and then I came to England in 1899 or 1900. My true name is Stinie Morrison. It is true that I bought the revolver in the name of Alexander Petropavloff; that is the only occasion on which I have ever used that name as far as I remember. I was born in about 1882. It is true that in my petition of July, 1909, to the Home Secretary to allow me to leave this country I tried to make out that I was Russian born, and said that I was born at Korsvosk Station, in the district of Luitzen, in the Goverment of Vitebsk, in Russia. I am not Russian born at all, but I may be called a Russian because I was almost a baby when I went there. That was my address. I said that because I had such bad luck here and I was trying to better myself. Ever since I have been in England I have done my best to work honestly until I have been hounded out by the police. I gave a false name and a false account of my birth because I knew that that was the only way the Home Secretary would allow me to leave this country, under the new Act. I was in prison serving out an old sentence. That petition was not granted. It is true as I stated that I left Russia because of the military system, and that otherwise I had not committed a crime in my life until I came to England. The false name that I mentioned having taken in order that my relations might not discover that I had sunk to the depth of an English prison was "Morris Stein." I should wish since it has come out that the jury should know what sort of crimes I committed, and to see the tools. Among all the tools that were taken there never was in my possession an instrument with which a man could be murdered like this. It is true as I stated in my petition that I never wrote to my relations because I was too ashamed to do so, but I did so when I came out on September 17 last. I decline to give my mother's address. It is true that I was convicted on December 17, 1898, in the name of Moses Tagger. I then said I was a Hebrew, as I knew how to speak that language as well as English. I said I was a Russian. I never stole anything on that occasion. All the convictions I had were for no crimes committed whatever. I got a month's hard labour because they made out that I stole some ledgers. I was not arrested
in the name of Morris Stein and sentenced to two months' hard labour for being a suspected person on enclosed premises on February 28, 1899. I have never done two months' imprisonment. It is true that I was sentenced to six months' hard labour at the North London Sessions on August 1, 1899, for burglary in the name of Morris Tagger. I was arrested on April 15, 1900, because a man brought a big parcel into the room in which he used to sleep with me, and I was charged with receiving that property in my room. I knew nothing about it, but I got 15 months' imprisonment. I said I was a Russian, and the evidence was interpreted in Yiddish. On September 10, 1901, I was convicted at this court for attempted burglary and sentenced to five years' penal servitude in the name of Morris Stein. I came out in 1905, and I found a situation at 124, Hackney Road, as a baker, but I was hunted out of there by the police. I was arrested on August 14, 1906, for being a suspected person and having housebreaking implements in my possession at one in the morning. I do not remember having a jemmy then; I never had one in my life. I do not remember Police-constable Page (who came into court) arresting me. I cannot swear that I had not a jemmy, but if it was a jemmy it must have been very small. I remember now that it was a chisel. I never had a jemmy or a bar of iron in my life. It is very likely that I was arrested on January 24, 1901, but I do not remember Police-constable Bartlett (who came into court). On the last occasion when I was arrested the proceeds of three burglaries were found in my possession. I could use a chisel to get into a house without waking the inhabitants, but in the places that I committed 'burglaries the inhabitants live upstairs; but you could not get into houses in the East End without alarming people inside, because there are people sleeping in every room. When Inspector Ward showed me the spots on my cuffs, collar and tie, it is true that he said they were blood, and that I said, "No, they are mud"—they were blood and mud mixed together. I did not say a word to him about my nose bleeding, but it is the fact just the same.
Re-examined. I have never been charged with violenoe or assault. I was released from my last sentence on September 17, 1910, and in five or six days I got a job with Pithers that involved my working 12 and 13 hours every night. The reason I left was because I was hounded out by the police. I had saved up £4, and I wanted to be my own master; I could not stand it any longer; they kept on bullying me. Pithers complained about it and wanted to know why the police came. They used to come into the bakehouse and stop two or three hours every night. Pithers did not know I had been convicted, but he began to be suspicious. He was going to make a complaint to the magistrate about the police calling. They were in uniform. I think I was about 19 when I was first convicted. The last two crimes which I committed were because the police bullied me and kept worrying me every time I came out of prison. I never on any occasion said anything about wanting to make a confession. As regards my not giving evidence at the police court, I acted upon my solicitor's advice.
It very often happens that one is admitted into the more expensive parts of the East End music-halls with a cheaper ticket. It is not true that I took Jane Brodsky round to Rotto's for an improper purpose; she is as innocent a girl as ever there was in the world. I never knew that Rotto was concerned in the White Slave Traffic. Mrs. Rotto was with us all the time. Rotto has five children, four of whom are generally about the house in the evening. (Mr. Abinger here read the article entitled "The Mad Landlord" in the "Evening News" of January 2, 5.30 edition.) I do not know whether I read that or not. I never had any conversation with deceased. I have never smoked in my life. This is the cheap jewellery found in my possession when I was arrested. (Exhibits 41 and 41 A).
JONATHAN FEARNLEY , M.R.C.P., L.R.C.P., 21, Devons Road, Bromley-by-Bow. I have frequently given evidence where questions of physical injuries to men have been concerned. I have read the evidence of Drs. Freyberger and Needham. I did not see the deceased. In my judgment the horseshoe-shaped wound shown on Exhibit 13 was inflicted by a single blow. I say that because there is a flap of skin which has the appearance of a lacerated wound; the upper end has a point and the lower end has the flap ofskin connected at thd base with the rest of the skin. I think an angular instrument must have been used such as a hammer, or some other instrument having an angle. I have procured a bar two inches thick, one and a half inches in diameter, four or five inches round, and weighing 12 pounds (Exhibit 78). In my judgment that wound could not have been inflicted with such an instrument, because it would have smashed the flap of skin to pulp, and either have made a hole right through the skull or cracked it. The arc-like shape at the top of the wound is due to retraction of the muscle. Such an iron bar could not have produced such a shaped wound with two blows. The fact that the two ends of the wound meet exactly opposite one another indicates that there was only one blow; it is a remarkable coincidence that they should do so if there were two blows. Assuming two blows had caused the open ends, the fact that they were closed at the top would not be accounted for by the shape of the skull. My second reason for thinking that the wound was the result of one blow is because the skin has been raised up in a flap; the upper end of the wound is obviously the place where the weapon entered, and when the assailant was withdrawing the weapon he carried the skin and the pericranium down towards the nose in the form of a flap. The fact that there are no signs of a continuation of the burst of skin at the open end indicates that if two blows were used they must have been parallel and the whole shape of the wound would have been oblong, not pointed at the upper end. I have read in the evidence that the fracture corresponding with the site of this wound had two parallel cracks, but that does not interfere with my hypothesis, because the skull is an elastic body and the site of fracture does not always correspond with the actual blow. A single blow might depress the skull and cause a fracture at either edge of it; the fractures
tures are consistent with either theory. A fracture is more likely to occur when a man's head is on the ground, because the ground itself forms an opposing force to the blow on the other side. The blow is more likely to glance off the skull when the victim is erect. The fact that the hat was found some distance from the body unbroken shows that the blow could not have been inflicted when he was standing erect with his hat on. I have received an account of the wounds inflicted. I should not necessarily expect to find more blood than was actually found on prisoner's collar, tie, and cuffs while he was delivering the wounds, but I should expect to find more blood to have come there while he was dragging the body away and manipulating it. There need not have been spurting of blood either from this instrument or any other; there must have been oozing of blood from the horseshoe-shaped wound. I should expect to find blood upon the instrument, which instrument would have to be raised over the head of the assailant. The blows could have been struck without blood necessarily coming on to his overcoat. I should expect to find some blood to have come on the sleeves or the skirts of the assailant's overcoat or the front of his trousers if deceased had been dragged, turned over, and arranged, but it might not have done so if the assailant had been extremely careful. Assuming that at the spot where the deceased fell there was a pool of blood I should expect to find blood upon the skirts of the overcoat which had come there in the act of his stooping. If the heart beating were feeble, blood would not necessarily spurt; spurting generally involves the wounding of an artery. Whether blood would spurt from stabbing wounds would depend upon the deceased's clothing and the character of the wounds.
Cross-examined. This is the first criminal case I have given evidence in with the exception of police court cases. The material I had before me to enable me to express an opinion was Exhibits 8a and 13 and the report of the police court proceedings.
JOSEPH ALLBURN BUNKER , clerk to Claude Lumley and Co., solicitors, produced and proved "The Daily Chronicle," "The Daily Mail," 11 The Daily Mirror" and "The Daily News" of January 10 (Exhibit 79), and "The People," "Reynolds Weekly Newspaper," "The Weekly Times," and "The Weekly Dispatch" of January 15 (Exhibit 80), all of which contained photographs of prisoner.
WILLOUOHBY LANCELOT VININO , staff photographer, "Daily Graphic," was called, but Mr. Justice Darling stated that there was—necessity for this witness to prove the contents of "The Daily Graphic" of January 9, as it was already in and could be read at any time by counsel.
FRANCIS EDMOND BELL , assistant art Editor, "The Daily Graphic." The first information I had of prisoner's arrest was shortly after one p.m. on January 8 by a message over the tape from the Exchange Telegraph Company and when it was confirmed from other sources the written matter was put at the bottom of the frontispiece of "The Daily Graphic" of January 9 (Exhibit 73).
I did not know that he had been convicted either when he came or when he left. I do not think I would have employed him if I had known. I never saw any men at my shop making inquiries about other persons. On one or two occasions I saw a police-constable come to the door; they did not always come into the bakehouse. I should think it was about 3 a.m. They have come in also before prisoner entered my employ. I believe it is part of the policeman's beat to come along by the backway to my bakehouse, where I saw them. I have seen them inside the bakehouse twice. I have never complained to prisoner about it; he said he did not see any need for them to come and I said that I might mention it at the station across the way if I were passing, but I did not do so. I think I should have discharged him had I known he was a convict.
Further re-examined. The constables were in uniform. I did not know what they had come for; I did not think they came for anything in particular, no more than to come in. I do not think that they warmed their bottles of tea in the bakehouse. I have not inquired whether They were in the habit of doing so. I do not know if policemen came before prisoner entered my employment. I remember now that it was only on one occasion that they came when prisoner was there and once since. They have only been twice altogether to my knowledge. They have never said anything to me about prisoner and they never did anything as far as I was concerned to make him leave my employ.
FREDERICK WENSLEY , recalled, further cross-examined. I could not have put my finger upon prisoner if I had wanted to before January 8. I did not know before that day that he was in White-chapel. I arrested him for that he being a convict on licence he failed to notify his change of address. It is not usual to take five officers to arrest a man for that charge if that stood alone. At the time he was arrested there was a possibility, as I then knew, of his being charged with murder. The police had not received any statement or information connecting him with the murder before he was arrested. We had received descriptions from many witnesses giving in some instances a description of prisoner, but we had no knowledge that that man was the prisoner then nor until he was identified. I was present when Mrs. Deitch made her statement on January 2. It does not connect him with the murder beyond the description. The description corresponds with prisoner, but it might have connected a dozen other people with the murder. (Mr. Justice Darling here stated that Nellie Deitch's statement, dated January. 9, must be read, and this was done.) After reading Castling's statement I did not connect prisoner with the murder. I knew before he was arrested that the statements of nine different persons had been taken, and I still say that prisoner was not arrested on suspicion of murder. I see that the "Daily Graphic" on January 9 (Exhibit 73) gives a photograph of a man sitting in Cohen's Restaurant, underneath which is "The unfinished meal left in Cohen's Restaurant, Fieldgate Street, Whitechapel Road, by the man who has been detained on suspicion in the Clapham Common mystery." That information may have got
to the "Daily Graphic" by many means. Publicity of necessity must had been given to it immediately after he was arrested, because officers were sent out to witnesses asking them to attend at the station to identify him. I cannot say who gave the information. Another means by which the information could have got out is that before 12 o'clock prisoner had stated that he wanted to make a voluntary confession and Inspector Ward had been sent for; it may have leaked out by the fact that messages were sent over the telephone. Possibly an officer may have mentioned the fact outside the police station and thought there was no harm in it. An entry was made in the book as to his being charged with failing to notify. When I saw the prisoner I think he said that he wanted to make a "voluntary statement" not a "confession."
Further re-examined. I gave him into the custody of Inspector Mackenzie at the station on the charge of that he being a convict on licence failed to notify his change of address, and that was entered in the occurrence book. No charge was made at all against prisoner until he had been identified. The occurrence book is here. (Mr. Abinger objected to its introduction on the ground that entries might be made in it over which the prisoner had no control. Mr. Justice Darling said that as the entry was made by somebody other than the witness it could not be put in.) The reason why I took five officers with me was because prisoner was carrying loaded firearms. Not one of the nine witnesses mentioned prisoner's name as the man who had gone away with deceased.
ERNEST LAUNDY , assistant publisher, "Evening News," 3, Arthur Road, Brixton. The 5 p.m. Home Edition of the "Evening News" gets out on to the streets at 4.30 p.m. and on Saturdays at 3.30 p.m. The 6.30 Edition would get out at 5.30 and on Saturdays at 5.45. The circulation of the Home Edition is about 95,000 copies and the 6.30 Edition 279,000 copies.
ABRAHAM FELDMAN , jeweller, 6, Black Lion Yard, E.C. On November I sold an 18-carat gold watch and chain and ten-shilling piece for £9 17s. 6d., and this is the receipt (Exhibit 27.) I cannot tell for sure whether prisoner is the man who bought it; I cannot recognise his face. He would be in the shop perhaps 12 minutes altogether. It must have been in the evening. The shop was lit by electricity.
LEWIS MINCHINSKY , bootmaker, 27, North Place, Buxton Street, E.C. (Evidence interpreted.) Sam Rosen lodged with me at Frostick Place. There is a shop and a parlour there, and at the side of the shop I made a partition so that he should be able to sleep there; he slept in the back part and I slept in the parlour, which is at the back of the shop. (Mr. Muir stated that what was being attempted to be done was to call a witness with the object of contradicting or modifying Rosen's evidence, which was not before the jury at all except by the statements of Mr. Abinger, and he submitted that such evidence was inadmissible. Mr. Justice Darling, while stating that in his opinion it was a very curious proceeding, said he would not stop it. Mr. Abinger stated that it would be convenient that the jury
should hear what Rosen would have been called to prove if it had not been for the fact that he afterwards admitted his evidence was untrue.) On the night of New Year's Eve he went to bed at 11.30. I. read a report of his evidence in the paper. I met him afterwards and he said that it was not correct that he saw deceased and prisoner at half-past one at night time; he said he would like to speak to prisoner's solicitor and tell the truth.
This concluded the evidence for the defence. Mr. Muir stated that the prisoner gave evidence in this court for the first time, both by himself and by witnesses, that he and the two witnesses whom he called were in the Shoreditch Empire between nine o'clock and sometime after 11. That evidence was intended to contradict, and was contradictory of, the evidence called on behalf of the Crown as to the prisoner and deceased being together for the greater part of that time in Snelwar's Restaurant. He proposed to call evidence to show that his and his witnesses' statement as to their being in that theatre were untrue.
HECTOR MUNEO , acting manager, Shoreditch Empire. Exhibit 74 is a plan showing the seating accommodation of the ground floor. On the night of December 31 the two rows marked "L" and "K" were let at a shilling, "J" at eighteenpence, and the remaining rows were reserved seats at 1s. 9d. For these last you would have to book your seats at the box-office or by telephone, and you would get into them by the counterfoil of your booked ticket. By 5 p.m. that day all the seats up to row "J" were booked for the second performance. The door was opened to let the people into "J," "K," and "L" at about 8.50, and in two or three minutes all the seats were filled. At that door a queue began to be formed just after 7 p.m., and in order to get a seat you would have to be in the queue at about 7.15. For the rows "K" and "L" a person would get a dark blue ticket, which would be given up at the first entrance. For row "J" he would get a blue cardboard ticket, from which a piece would be torn off at the front entrance, which would be given up at the row. For rows "A" to "J" a counterfoil paper ticket would be given, showing the number of the seat, and this ticket would be kept the whole night. There is no post in front of the spot marked between "G 9" and "F 8." There are two posts at the back of row "J," which would hide the view from two seats in the last row but one. There are 310 seats in that part of the house, and 502 people were admitted on that night. About three minutes after we opened there was standing room only. There was no performance of a little girl and boy acting as man and wife, or of a man acting as a Scotchman.
Cross-examined. It is most natural for an acting-manager to go out into the street and see what time the queues form up. I remember
the time that this queue formed up on this night because it was the Saturday night of a bank holiday week. Last Friday Inspector Brogden telephoned for me. I have known him for the last six years. He said the Judge wanted me in court, and to come along right away. He did not tell me what for. He did not ask me what time this queue formed up. Before stating it to Mr. Muir I had told nobody that; I had no occasion to do so. I came here last Friday and made a statement to a gentleman upstairs. No one asked me if I could remember what time this queue was formed up. The reason why I remember the time is that on Saturday the people were lining up for the second house before the first house people had gone in; that happened every night that week. I have seen Brogden in the music-hall bar, and may have had drinks with him. That night Harry Champion sang "Ginger, you're balmy"; he had been doing so all the week. The Scotchman started on Monday. Gertie Gitana sang on the Saturday; she had also sung all that week, except Wednesday and Thursday. The performance was entirely changed on the Monday. If I go to a music hall I generally take more notice of the performance than the part of the hall where I am sitting. At the nine o'clock house on the Saturday night there were no 9d. seats, but there were in the first house. I should say it was an unusual thing for two men to give up their seats to two good-looking girls, although I have known it happen. In spite of the fact that 502 people occupied a space for 310 there was no rush.
Re-examined. I told the people that there was standing-room only as soon as we sold the tickets that we had for the last three back rows, which was about 8.55.
Police-constable STEPHEN DART, 45 HR. I was on traffic duty in High Street, Whitechapel, between 8 a.m. and noon on December 31. In the morning there is a hay-market in the street, and no stalls are allowed between Aldgate East Chambers and Leman Street.
Mr. Abinger commenced his address to the jury.
(Tuesday, March 14.)
Mr. Abinger concluded his address.
Mr. Muir commenced his reply.
(Wednesday, March 15.)
At the sitting of the Court Mr. Abinger applied for leave to call further evidence. Mr. Justice Darling (who had previously seen Counsel in his private room) at once granted leave.
Police-constable GEORGE GREAVES, 86 H. On January 8, from 6 a.m. to 2 p.m., I was on duty in the charge room at Leman Street Police Station. I was present when prisoner was brought there. He said, "What am I brought here for?" A detective officer, whom I believe to be Sergeant Brogden, said, "I told you before, you are brought here on a serious charge—on suspicion of murder." Prisoner
then said, "All I have got to say is this, that it is not the first blunder the police have made." There was nothing more said. He was standing about one yard from the desk in the middle of the charge room and I was standing close up to the desk. There were two or three other officers standing about, but I could only point out Detective-sergeant Brogden if I saw them. (Detective-sergeant Brogden came into Court.) I swear it was he who made that statement to prisoner. Prisoner was then taken to the large association cell at the end of the cell passage, where two officers were left in charge of him; I went down and saw the two officers standing by the door of the cell in which he was; one was Staff 368 H and the other, I believe, Harris 168 H. (Police-constable John Harris, 168 H, came into Court.) I believe he is the officer, but I am not absolutely certain. The association cell door was wide open and one may have been in the cell, and I think one was in the passage. I do not think either of those officers was present when Brogden made that statement. I should not recognise the officers who were presnt. I have no idea who they were. A man in plain clothes, whom I believe to be a detective constable, ordered me to send a telephone message that morning and I made this entry in the telephone book: "From Police-constable (C.I.D.) Jeffries at Leman Street to Det.-Inspector Ward, Brixton. Please come to Leman Street at once. 9.28 a.m." If I saw Jeffries I could not say whether he was in the charge room when the statement was made. At 4 a.m. on Tuesday, March 14, I wrote a letter from my bedroom at 65, New Road, addressed to "Mr. Abinger, K.C., Counsel for the defence of Stinie Morrison, Central Criminal Court, Old Bailey, E.C." I posted it at 5.30 a.m. I gave authority to prisoner's Counsel to use it if he thought fit in the interests of justice.
The letter wag read, in which witnegg volunteered to give evidence to the effect of what he had stated, and stating, "I appeal to you, sir, to guard my interests should you deem it necessary to take any action in consequence of this communication, and if the Commissioner of Police should discover I had sent this letter to you, it would probably cause my instant dismissal from the police service, so if possible do not let this communication be known to have passed from me.... I prefer to remain out of the cage if not absolutely required. I feel compelled to write this to you in the interests of justice.... I write solely with the object of giving fair play to Morrison, go please treat this letter as strictly confidential if possible."
Mr. Justice Darling stated that when these matters were brought to his notice he had ordered that, whatever might be the consequences either to this or any other officer, they should be made public.
Examination continued. I was on duty last night in Whitechapel Road when a sergeant fetched me to Leman Street Police Station. I arrived there at 12.15 a.m., and made a statement in the presence of Sir Melville McNaghten and Mr. Abinger; Mr. Abinger put me questions and those and my answers were written down by Sir Melville. The examination concluded about 1.45 a.m. I signed this statement (Exhibit 83) I had made.
Cross-examined. It was about eight or 10 minutes after prisoner was brought in that I heard the statement made. The inspector was not in the room. I think Inspector McKenzie was in charge of the
station at the time; I saw him about that time. My impression is that prisoner was brought in at 1 p.m. When the statement was made Inspectors Wensley and McKenzie were not there, Sergeant Brogden was there (in plain clothes), and I don't know if Jeffries, Harris, Staff Messent, and Bellinger were there. (These officers had been paraded before the witness.) I think there was one officer in plain clothes and one in uniform, but I am quite uncertain. The first thing Brogden said to prisoner was "Why don't you sit down?"have known Brogden perhaps 12 months; he has been occasionally to the Leman Street station; I believe he belongs to the same division as myself. I knew that he was a detective-sergeant, but I do not know much about him. For months I did not see him at all. I do not remember how often I saw him in the week ending January 8. I think I have a good memory. I have known his face, but not his name. I have been doing first, second, or third reserve duty at the station; part of my duty is to send or receive messages. The telephone is in the charge room. I suppose Brogden would come there if he wanted to use the telephone, but I do not think he would come there in the ordinary course of business. We get to know the faces of the detective officers, but not their names. When writing to Mr. Abinger I was sure it was he, but not sure of his name. I had known Messent's face quite 12 months, but I have only known his name a few weeks; I believe he is in my division. I knew Jeffries as a detective probably 12 months, but I could not have said his name. I have not seen him at the station very often. I have never seen Bellinger before to-day. Except for Brogden and prisoner there is no one I can name who can either confirm or deny the statement I am making. Five or six days ago I first heard some people saying that prisoner spoke about the murder before the murder was mentioned to him. I did not read much of the proceedings at the police-court. I first mentioned this conversation I had heard between Brogden and prisoner about two or three days ago to some police officers; I cannot name them with certainly, but I can mention one or two. I spoke to Police-constable Heiler. (Mr. Justice Darling directed that this officer should be sent for.) I think I spoke to him on last Sunday and Monday night, when on night duty. I do not remember the names of the other officers, but I have spoken to about three during the last two days; we have gossiped about it, what happened in the charge room; they have been on night duty. Besides the officers, I also spoke to a night watchman (I think he is at the Salvation Army headquarters in Whitechapel Road) on Monday night; I may have spoken to him also on the Saturday night before, but I do not remember. Yesterday I also spoke to Lewis Lavitski, the son of my landlord—at 83, New Street—Charles Lazarus Lavitski, in whose house I am a lodger; I do not remember if I spoke to him about it before yesterday. I also spoke yesterday to Annie Lavitski, him mother, and also on Monday and Tuesday—probably before. To the best of my memory I have not spoken to anybody else. The only reason why I mentioned it is that one likes to talk sometimes to people one lives with and to officers one works with. I heard about five days ago for the first time that there was a dispute
about the point, and then I realised that my evidence was important, but I did not see it in the newspaper and it was only when I did see it there early on Tuesday morning that I decided to take action. Before (that I had looked at the papers, but I did not see sufficient to justify me in taking any action. If I have time to read the paper I generally buy "The Evening News." A matter concerning a criminal case should be reported, as a matter of strict duty to the officer on duty at the station. I did not do so, because there was no time to go through such formalities and I was not sure Whether it was necessary for me to give evidence, so I submitted the matter to Mr. Abinger. I did not thoroughly understand the case and I did not see that it was really necessary to report it. The faat that Brodgen and I are both in the police force had nothing to do with my not mentioning it. I have been in the police force seven years and nine months and have been removed from one division to another, it may be, five times. I was for 19 months in the L Division and from there I went to the Public Carriage Department, New Scotland Yard. There is nobody who was associated with me there whom I am in the habit of seeing from time to time. I know Ex-inspector Syme; he was working at Scotland Yard then, but not in my branch. I have not seen him for eight months. I have sent him about two letters, the last being about a fortnight ago. I got a reply; I have not it with me. Our correspondence was not about this case; it was never mentioned between us. He has been attacking the police in a paper called "P.I.P.," accusing them, I believe, of corruption and giving false evidence; I have read the articles. He was dismissed from the force. He was prosecuted once for threatening the late King. He has also written a pamphlet complaining about his dismissal from the force, which I have read. I was suspended for making accusations of generally oppressive conduct on the part of my sergeant, Napper, which I was unable to prove. I was not suspended on the ground that they were unfounded; it is a mutter of routine to suspend a man making such a complaint. I volunteered to give evidence against him in favour of a man who had been reported for misconduct. I was reported also for making untruthful statements in the superintendent's office—not on oath; and I was severely reprimanded, strictly cautioned, and transferred to another division. This was in July, 1909. I named constables who I said have complained of Napper's conduct and in the office they were called and denied it, but one of them afterwards admitted it to me. I met Syme accidentally at the shop of a man named Jones, I think, at a street somewhere in Pimlico, of which I forgot the name; it was No. 30. I have had no communication with him since, except the two letters I wrote. I remember seeing Inspector Wensley at the station on the morning of the 8th after prisoner was arrested. He did not use the telephone to my knowledge. He would use it generally from his own office, and would have to be put through some other instrument. I was in part charge of it that day. If you use certain plugs you can hear what is being said. He did not come out and reprimand me because he found me interfering with the plugs. I have never tampered with them. I
do not know that at that time he was talking to Sir Melville McNaghten; I cannot remember any occasion in January when he did so. I do not know if he went out after prisoner was brought in. I do not remember him coming back again and Inspector McKenzie calling us into the charge-room and asking whether anybody had spoken to prisoner about a charge of murder. I say emphatically he did nut ask me that question, and I did not tell him that I had not heard anybody do so. The other officers did not say so in my hearing. Since the Houndsditch murders I have sent statements to Inspector Wensley of what I have heard concerning them. I said in one of them that I had got information from Charles Lazarus Lavitski. None of the persons named in my letters have been arrested as far as I know. The last letter was about two months ago. A detective told me in Inspector Wensley's name that the correspondence must cease. All the questions in Exhibit 83 were put to me by Mr. Abinger.
Re-examined. No inducement was held out to me by anybody to write to you; no one knew I was writing it. I understood that Brogden was only doing his duty in telling prisoner what he did; I had heard no instructions that the charge of murder was not to be mentioned to him. I think he gave him the usual caution. When I arrest a man on a charge of murder I should tell him what the charge 1s. If I were arresting a man on suspicion of murder and for not notifying his address I should certainly tell him that I was arresting him on suspicion of murder. (To the Court.) If I were arresting a man for failing to notify and suspected him of murder I should tell him I was arresting him for failing to notify. (To Mr. Abinger.) I thought it my bounden duty to write the letter at whatever risk to my career. I did not know prisoner before this or any one connected with him. In the case of the detectives in the H Division, I know them better by their faces; the uniformed men I know by their faces and numbers.
Further cross-examined. Copies of police informations are available for every officer to see. This is a police information of January 16: "Wanted for petty offences, No. 303, licensed holder, Morris Stein, for failing to reside at his registered address. Caution.—Carries firearms, and may attempt to use them." I have never seen it before. It was probably read out by the inspector, but I was not present. Generally informations are read aloud to the men.
Police-constable CHARLES HEILER, 299 H Division. My duties take me to the neighbourhood of Leman Street Police Station.
Cross-examined. I know Greaves. I was on night duty last week. Last night and the night before my beat came near his. He asked me whether I had followed the papers closely and I said, "I have seen them; I have been looking at them every day." He said, "Do you know what was said about the prisoner—whether he made a statement about a murder before there was anything said about it to him?" I said, "Well, so it says in the papers." He said, "Well, if they say that, I know different, because I was on the reserve at the time when they brought the prisoner in. He did not sit down; he came to the desk, and when told to sit down again he said, 'All I want to know is what I am being detained for.' He was then told by one
of the C.I.D. officers that he was wanted on a very serious charge—on suspicion of murder. It was then that Morrison said, 'You have made some blunders, but no blunder as big as this.'" That was said to me on Monday night and it has not been repeated since. I said nothing. He said nothing about giving information as to it. I believe I spoke to him on Sunday night and Monday morning, but not about this matter. Last night he told me he was going to give evidence at the Old Bailey to-day.
Re-examined. I have had no communication with anybody representing prisoner.
Mr. Abinger addressed the Jury upon the additional evidence. Mr. Muir replied. His Lordship summed up.
Verdict, Guiltyof wilful murder.
Prisoner, called upon in the customary form, said: I have got a great deal to say. For one matter, the evidence against me as to the funds which has been seen on me on January 1 being the proceeds of the murder. I can prove that in November I had a sum of £300, and out of this £300 I have still got £220. If I can prove that, will that in any way alter the Jury's verdict?