Vol. CLIV.] Part 918.
CENTRAL CRIMINAL COURT
HELD MAR. 28TH, 1911, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers in 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, March 28th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , 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 RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
HENRY C. BUCKINGHAM, Esq.
E.V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, March 28.)
RATLEY, Emily (29, dressmaker), who pleaded guilty last Session (see page 397) of unlawfully sending and procuring and causing to. be sent for transmission by post two postal packets having words thereon of an indecent, obscene, and grossly offensive character, was brought up, and released on her own recognisances in £25 to come up for judgment if called upon.
BERCOVICI, Adolph (39, manager), pleaded guilty of unlawfully writing and publishing and causing and procuring to bo written and published, knowing the same to be false, certain defamatory libels of and concerning Mabel Mathews.
Sentence, Six months' imprisonment; ordered to pay the costs of the prosecution.
MANNERS, Eva (23, servant), pleaded guilty of on January 14, 1911, feloniously demanding and obtaining and causing and procuring to be delivered and paid to a certain person £1, upon a certain forged and altered instrument, with intent to defraud; on January 21, 1911, feloniously demanding and endeavouring to obtain and causing and procuring to be delivered and paid to a certain person £1, upon a certain forged and altered instrument, with intent to defraud.
Mr. Stanley R. Crauford, who appeared to prosecute, said that prisoner opened an account at the Church End, Finchley, Post Office with a payment in of a shilling on January 10. That amount was altered in her Savings Bank book to £1 10s. On January 14 she went to the Railway Station Post Office, Finchley, and presented the book with a request for payment of £1 on demand. She complied with the rules and regulations and obtained that amount. When the book went to the head office the fraud was discovered, inquiries were set on foot, and a watch was kept. She was discovered at Muswell Hill Post Office trying to obtain £1 under precisely similar circumstances and was given into custody.
Sentence was postponed to next Sessions for further inquiries to be made.
COLLINS, Timothy (36, postal sorter), pleaded guilty of stealing one postal packet containing one postal order for the payment of 15s., the several sums of 2s. 6d., 2s., 1s. 6d., 3d., and 18 penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence was postponed to next Sessions.
BLAND, Albert (30, postman), pleaded guilty of stealing certain postal packets, to wit, a postal packet containing a postal order for 6s., a postal packet containing a postal order for 20s., a postal packet containing two postal orders for 2s. and 2s. 6d. respectively, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, Nine months' hard labour.
CROTON, George (39, gardener), pleaded guilty of feloniously sending to Neville Gwynne Gwynne, knowing the contents thereof, a certain letter and writing demanding of him and Messrs. Gwynne, Limited, with menaces, £50.
Sentence, Nine months' hard labour.
TWILLEY, Alfred Ernest (61, French polisher) pleaded guilty of embezzling a certain order for the payment of money, to wit, a banker's cheque for the payment of £5 16s., received by him for and on account of Colman Shavelson, his master; forging and uttering the endorsement on a banker's cheque for £5 16s., with intent to defraud.
Sentence, Six months' hard labour.
BISHOP, Edwin (28, carman), and MARSHALL, Thomas (20, labourer), pleaded guilty: Bishop of stealing one parcel containing 59 lace collars and one parcel containing 12 towels, the goods of Bean's Express, Limited, his masters; Marshall, of feloniously receiving the said goods well knowing them to have been stolen.
Sentence (each), 12 months' hard labour.
Sentence, Six months' hard labour.
Mr. Bodkin, who appeared to prosecute, said that prisoner went to stay with a young woman as "Mr. and Mrs. Goss," at an hotel in Craven Street, Strand. Apparently he spent all his money, and when the hotel proprietress presented the bill on March 3 he went out, saying that he was going to the bank and would be back in an hour. That morning he was seen to go by train from Charing Cross to Cannon Street. He then got into a train which was going back
from Cannon Street to Charing Cross, entering a first-class carriage, in which there was one lady, Mrs. Roberts, of Greenhithe, a frequent traveller on the line. Just after the train moved out of Waterloo Station Smith began assaulting Mrs. Roberts. He struck her on the head and face a number of blows and no fewer than thirteen marks were found upon her. Two of her teeth were knocked out and her face was cut and lacerated by a ring which the man was wearing.
ERNEST SMITH (prisoner's father), Trinity pilot. Prisoner Las been in the service of the P. and O. and other companies as quartermaster for about four years. He served his time on the Thames and was for seven years with the Waterman's Company. He arrived home on February 14, was discharged with character "Very good." He came to my house the night before the crime. He made some remark that I knew where he had been. That was all that was said and he went away the same day. I am willing to send him abroad.
Sentence, 18 18 months hard labour.
HEBBEBT WALTER HESTER . On Saturday, March 4, at midnight, I was on the Embankment at the foot of Blackfriars Bridge. I taw prisoner. She was going to throw herself into the water. I went to her. She said, "If you go away I will not do it." I went a little way up the road, looked back, and saw her attempting to get on the parapet. I went up again and she struck me violently in the mouth. She struggled with me. I blew for the police. A constable arrived and arrested her.
Police-constable ARTHUR PITT, 69 B. I was on the Embankment at midnight on March 4. In response to a police whistle I went to a point near Blackfriars Bridge and saw last witness struggling with prisoner. I asked him what was the trouble. He said prisoner had tried on two occasions to get over the embankment wall. She said in my presence, "Why did not you let me do it, for I am sick of it." I took her to the station, where she was charged.
MINNIE SHORT (prisoner, not on oath). I am very sorry. I must have had some drink. I had been out with two girls after we done work. I woke out of a drunken sleep, not thinking what I was doing, or I should not have attempted to do such a thing. My forewoman said if I get out I can go to work again.
Prisoner had once before attempted to commit suicide and had been fined for being drunk and disorderly.
Sentence, Three years' detention under the Borstal system.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 28.)
CLIFFORD, Lilian Clarinda (30), pleaded guilty of feloniously gilding five sixpenny pieces with intent to pass them as half-sovereigns; possessing three gilded pieces with intent to utter the same; uttering counterfeit coin, having more in her possession.
Prisoner was stated to have got five Jubilee sixpences gilded by a jeweller under the pretence that she wanted them to make a bracelet. She was respectably married and had been of highly respectable character until the last 18 months, when she had given way to drink. She was now released on her own and the recognisances of Frederick Clifford, her husband, in £20 each to come up for judgment if called upon.
Prisoner pleaded guilty to uttering, which plea was accepted by the prosecution.
Prisoner stated that he had found the bundle of coins and uttered one shilling. He was stated to be of good character and to have been in respectable employment. He was released on his own and the recognisances of Abraham Rogers, 45, Merchant Street, Bow, job buyer (who undertook to employ the prisoner) in £10 each, to come up for judgment if called upon.
ALFRED THOMSON , barman, "Waterman's Arms/' Virginia Row, Bethnal Green. On January 24, at 11.45 p.m., prisoner called for three glasses of ale, 3d., for himself and others who were in the bar, tendered a 2s. piece and received from me 1s. 9d. change. He then went to the urinal. I was in doubt as to the coin and handed it to Mr. Lindsay, who tested it with spirit and found it was bad. Prisoner returned to the bar. Lindsay called his attention to it and prisoner handed him 2s. in place of the florin. Lindsay told him to go. Some one in the bar said, "Look out, there is a policeman outside." Prisoner walked out, when Lindsay went out at the saloon bar and called to the constable to stop him; he was brought back into the middle bar.
Cross-examined by prisoner. Before tendering the coin you had been served by Mr. Lindsay. You did not go away when told to do so. You said it was not a bad 2s. piece. You said you had got it in change. You had time to run away out of the house. I could not say if you ran when you saw me.
was liable to get hold of those things in change. I returned it to him; he gave me two good shillings for it. I told him to leave the house. I went out at the saloon bar and saw a constable as prisoner was going out of the public bar. I called to the constable. He brought prisoner into the middle bar and searched him. He was then taken to the station and further searched, when another bad florin was found in his hip trouser pocket. There was no one in the middle bar except myself, the prisoner, and the constable, but two or three people were looking in at the door.
To prisoner. I do not remember seeing you in the house before I handed you the coin back, nor serving you. You were searched immediately we arrived at the station. You were then put back and charged about half an hour afterwards.
(Wednesday, March 29.)
Police-constable HARRY GIBSON, H Division. About 12.20 a.m. on February 24 I was passing the "Waterman's Arms" when I saw prisoner come out of the public bar. At the same time the landlord rushed out of the private bar and said, "Get hold of him. He has passed some bad money." I took prisoner to the middle bar, where he handed me this bad florin. (Exhibit 1). He said, "I do not know where I got it from." I searched him and found 1s. 6d. in silver and 4d. bronze in good money in his left-hand trousers pocket. I took him to the police station; where the inspector asked me if I had searched him and I said, "Yes, temporarily, in the public-house." He told me to thoroughly search him and I did so. In his hip pocket I found another counterfeit florin wrapped in tissue paper. After prisoner was charged he said, "Can I speak?" On being told he could he said, "I will speak to the magistrate," and turning to me he said, "You searched me in the house and didn't find that other coin on me." When I was searching him in the public-house we were right up against the counter, and then four or five men came in at the door, but they did not come near us.
To prisoner. You were not running when I saw you first. When I began searching you there was no one present but the publican and another policeman. I was about three minutes searching you there. I felt in your hip pocket, which was very tight, but I did not go to the bottom with my fingers, but at the station you undid your waistcoat and jacket and I was able to do so.
Re-examined. I did not ask prisoner to undo his waistcoat in the public-house. When he did so at the station I found the cap underneath.
Inspector Moss, H Division, corroborated the evidence of the last witness.
To prisoner. I cannot remember how long you were kept before you. were charged, but the whole thing took under half an hour. I cannot remember your saying anything when the second florin was found.
Re-examined. It is usual when a person is searched in a public-house in a case of this sort to search him again at the station.
GEORGE MERRIMAN (prisoner, on oath). When I entered the public-house I did not have any more idea of having counterfeit coin on me than a new-born babe. I do not know where I got it from. I should think that the coin found on me at the station must have been dropped in my pocket by one of the, men who the policeman says ran in when I was being searched. It would have been impossible for the constable to have missed it if it had been there when he was searching me.
Cross-examined. It must have been put there by someone after the constable had searched me; he had time to do so. We were all in a crowd; the bar only holds twelve people, as has been given in the evidence, and it has been proved there were ten there at the time. I cannot suggest any reason for anybody putting it there, but that sort of thing is done every day. The cap was given to me the same night and I put it there to be out of the way as I was in a music-hall. I was wearing a bowler hat at the time.
Five previous convictions, mostly for loitering, were proved against prisoner. He had had no conviction for felony for five years. He did not appear to have any regular employment and he was an associate of bad characters.
Sentence, 10 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, March 29.)
LOWITZ, Emil , maliciously writing, printing and publishing and causing and procuring to be written, printed and published a certain false and defamatory libel of and concerning Jennie Pauline Barnes.
Prisoner, who had filed a plea of justification, now withdrew it, and pleaded guilty.
The Recorder stated that had the prisoner at once withdrawn the imputations and pleaded guilty he might have dealt with the matter simply by requiring him to enter into his recognisances to be or good behaviour and abstain from publishing anything defamatory of the prosecutrix; but as prisoner had been unwise enough to hang the matter up for more than one session and to enter a plea of justification, he directed that he should pay the costs of the prosecution in addition to entering into recognisances in £500 to be of good behaviour and to come up for judgment if called upon.
HAMER, Leslie (24, actor), and BRUMWELL, Charles Stanley (18, chemist), pleaded guilty of feloniously assaulting Alice Constance McFarlane with intent to rob her; feloniously attempting to administer to Alice Constance McFarlane certain chloroform with intent to enable them to steal certain of her property.
Mr. Blake Odgers prosecuted; Mr. Travers Lloyd appeared for Hamer; Mr. Purcell appeared for Brumwell.
Evidence of previous good character was given as to both prisoners. It was stated that Hamer had been a promising and successful actor, had been disappointed in an engagement, and had committed this offence when under the influence of drink and of drugs; that Brumwell had been led into the act under the influence of the other prisoner.
Prosecutrix stated that she had not suffered any permanent injury and that she wished to recommend both prisoners to mercy.
Sentence was postponed to next Sessions, prisoners to remain in custody.
COLLINS, George (32, dealer), pleaded guilty of burglary in the dwelling-house No. 6, Hallam Street, with intent to steal therein; feloniously causing grievous bodily harm to George Gristock, with intent to resist his lawful apprehension.
Prisoner confessed to having, been convicted on September 20,1904, at Clerkenwell Sessions, receiving three years' penal servitude, for stealing a purse, etc., in the name of John Smith. Ten other convictions were proved, including one of 18 months.
Sentence (on each indictment), Three years' penal servitude; to run concurrently.
Sentence, Six months' hard labour.
Mr. Scott-France (Court Missionary) having procured prisoner a situation, she was released on her own recognisances to come up for judgment if called upon.
COHEN, Solomon, otherwise Sidney Carlton (21, tailor's cutter), and DE LANVA, Cecil (21, music-hall artist), pleaded guilty of burglary in the dwelling-house of John Dyer and stealing therein two overcoats and other articles, his goods.
Cohen confessed having been convicted at this Court on September 7, 1909, in the name of Charles Owen, of shop-breaking when, it being stated that he was suffering from consumption, he was bound over. Other convictions on January 8 and November 10, 1908, at this Court were proved.
Sentence, Cohen, 15 months' hard labour; de Lanva, Nine months' hard labour.
WALLACE, James (37, labourer), and SULLIVAN, Jeremiah (44, labourer, pleaded guilty of feloniously attempting to break and enter the warehouse of Henry Taylor, with intent to steal therein; feloniously breaking and entering the shop of Barnett Cooper and stealing therein 8s. 0d. in money and ten razors and other articles, his goods; feloniously breaking and entering the office of Walter Bristow and stealing therein one watch, his goods.
Wallace confessed to having been convicted on April 27, 1909, at Newington Sessions, receiving 15 months' hard labour for shop-breaking after two previous convictions of 12 and nine months. Sullivan confessed to having been convicted at Clerkenwell Sessions on October 1, 1905, receiving three and a half years' penal servitude and two years' police supervision for larceny from the person, after seven previous convictions of three years, 21, 12, six, three, six, and three months.
Sentences, Wallace, 18 months' hard labour; Sullivan, Three years penal servitude.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 29.)
Mr. Eustace Fulton prosecuted.
The Jury were sworn to try whether prisoner was insane, so as to be unable to plead.
Detective-inspector THOMAS TAPPENDEN, F Division, produced and proved a printed document bearing the name "Larkins' Employment Scheme."
SIDNEY REGINALD DYER , Medical Officer, Brixton Prison. I have had prisoner under my daily observation since he came to the prison on March 6 with a view to discovering his mental condition. I have seen this printed document headed "Memorial of William Ashley Larkins to the Lord High Chancellor of Great Britain." (This was read. It asked that the circumstances under which Mr. Paul Taylor had issued a summons against prisoner for libel be inquired into in view of Mr. Taylor's attitude towards him when he met him in the street, and asking whether the letter which he had written "in the interests of a little helpless child" could be considered libellous.) Prisoner said that Mr. Paul Taylor had met him in Oxford Street
several times and had behaved in a very rude manner to him, accosting him in a patronising way, which he said he could not stand from an inferior, and that he was trying to hunt him, prisoner, down to make himself popular. Those were distinct delusions. He slept with his boots under his pillow because he said they had been tampered with by the hospital warders; that was also a delusion. He says that he is a chancellor of English laws, appointed by a committee of the nobility, which is also a delusion. Another delusion he has is that one of the warders had. something to do with his child being taken from him. I consider him to be rather of a cunning, reticent, and suspicious nature; at times he is very muddled and confused; he is occasionally incoherent and has exalted ideas. He has a scheme of universal employment, of which he gives very incoherent accounts. (Witness here read extracts from a book dealing with this scheme.) My opinion is that he is insane now and was so at the time of his alleged offence; that he is not in a fit mental state to appreciate the charge against him or to conduct his defence, and that he is not fit to plead to this indictment.
Cross-examined by prisoner. (At prisoner's request the statement of the warder, William Cunningham, was read.) I can only say what this warder said you had stated about his being partly responsible for your child being taken away.
ROBERT PERCY SMITH , Physician for Mental Diseases, St. Thomas's Hospital, formerly resident Physician at Bethlem Hospital, and WILLIAM NORTH EAST, assistant Medical Officer, Brixton Prison, stated that their opinion as to prisoner's sanity coincided with that of the previous witness.
Prisoner, called upon for his defence, quoted, with a view to showing that he was not insane, a number of criticisms passed upon a book he had written.
A verdict that prisoner was unfit to plead was returned and he was ordered to be kept in custody pending His Majesty's pleasure.
Mr. Wilkinson prosecuted.
JOHN PAYNE , assistant, B. Hemming and Co., hosiers, 34 and 35, Blackfriars Road. At 2.15 p.m. on February 25 prisoner came into the shop and asked for a pair of black socks at 4(d. I told him the cheapest I had was 6(d. and he bought a pair. He tendered this half-crown, which I beat; it was bad. I sent for a constable and gave him into custody. He was taken to the station, where I charged him, but the inspector refused to take the charge as there was insufficient evidence and he was liberated. On March 2 I identified him at the Bridewell Police Station.
Cross-examined by prisoner. I was not inclined to bake at first as it looked yellow. The proprietor, Mr. Goff, said to you that you surely must have known it was a bad coin and you said you did not and that you went merely by the ring of the coin. It was some time before he decided to give you in charge and when he said he would do
so you said that if you were a shopkeeper you would do the same and that he was perfectly justified in doing so.
Police-constable FRANK BANELL, 182 L. On the afternoon of February 25 I was called to the shop of Hemming and Co., where prisoner was given into my custody and I was handed a bad half-crown, which I marked. I asked him if he had any more bad money on him. He said, "No, I am surprised. I must have got that at 'Dirty Dick's'; I do not know where else I got it." I searched him in the stock-room and found on him a penny and an old brass chain. I took him to the station, where the inspector would not take the charge. He gave no explanation there as to how he became possessed of the coin. To prisoner. I may not have heard what you said to the inspector.
ALICE WARD , assistant to F. F. Weinill, baker, 88, Farringdon Street, E.G. About 2.30 p.m. on March 1 prisoner came into the shop and asked for two scones, price 1d. each. He tendered a half-crown in payment, which I put in the tester; it bent. I gave it to Mr. Weinill, who told prisoner it was a bad coin. He said he had got it from "Dirty Dick's." I fetched a constable and he was given into custody.
To prisoner. You seemed to put the coin down suspiciously. When I bent it you looked surprised, but you did not say anything. I did not take it into the back parlour; Mr. Weinill could see me through the parlour door window and that is how he came to come out.
Police-constable WALTER BOSWORTH, 86 V. On March 1 I was called to 88, Farringdon Street, where I saw prisoner detained. Weinill handed me this coin, saying he thought it was a bad one. I asked prisoner where he had got it from and he said, "I must have got it at 'Dirty Dick's' last night." He was given into my custody and I asked him to turn his pockets out. He produced three sixpences and three pennies, good money.
To prisoner. You may have said that you might have got it at the house at the corner of Liverpool Street as well.
FREDERICK PHILIP WEINILL , baker, 88, Farringdon Street, E.C. On the afternoon of March 1 I was sitting with my wife in a room at the back of my shop, from where you can see into the shop. My wife spoke to me and I went into the shop. My assistant handed me a bad half-crown and I said to prisoner, "This is a bad half-crown." He said, "I am very careless with money. I had it given to me at 'Dirty Dick's' last night." I sent for a constable and gave him into custody.
To prisoner. The assistant never called me; my wife told me to go out and I did so. You said that you did not have any objection to my calling a policeman as you did not know it was a bad coin. You did not say you "may have got" it at "Dirty Dick's." You could have walked out of the shop before I came in.
PATRICK HALEY (prisoner, on oath). The witnesses have not given half the conversations that passed between us and what they have said has not been perfectly correct. On the first occasion I said I got it at "Dirty Dick's" and on the second that I may have got it there or the house at the corner of Liverpool Street.
Cross-examined. I was at "Dirty Dick's" and the house at the corner of Liverpool Street, which is a large public house, the night of February 28, and I was the worse for drink. I remember changing a five-shilling piece at one of those places.
To the Court. I wanted to call an important witness, but he is not here.
On prisoner returning to the dock he made a long statement to the effect that on the night of the 24th he was in "Dirty Dick's," when he made the acquaintance of four men with whom he had drinks and that one of them changed a half-sovereign for him, giving him four half-crowns. He then became the worse for drink, and a friend of his, named Harry Paisley, whom he met afterwards took care of the two half-crowns for him, leaving him with one. On the following day he changed the remaining half crown in buying a pair of socks, not knowing it was bad. Subsequently, Paisley gave him the two half-crowns, one of which he changed in buying scones. Paisley had since gone on to the Continent and he could not trace him. He desired Detective-sergeant Frederick Wise to be called.
Detective-sergeant WISE, City Police. (To prisoner.) I have made inquiries into your career and find you have never been convicted, of a coinage offence. Verdict, Guilty.
Six previous convictions were proved, dating from 1901, the last being a conviction for burglary on November 16, 1909, when prisoner received 18 months' hard labour. He was released on the 7th of last month. He had spent the greater part of the last ten years in prison, but at times had been in irregular employment. Sentence, 12 months' hard labour.
Mr. Pickersgill, M.P., prosecuted.
BEATRICE CHARLES , licensee, "King's Head," Cannon Alley, E.C. About 3.45 p.m. on February 22 prisoner was in the bar with four other men when a round of drinks and a 3d. packet of cigarettes were ordered by one of them. I served them and prisoner tendered a florin in payment; I gave him the change. I felt a little doubtful about it but I said nothing as I was busy. The other men went out slowly one by one, leaving prisoner alone. He called for another packet of cigarettes and tendered another florin. I handed him the cigarettes and 1s. 9d. change. I spoke to Thomas, a customer in the bar, and then returned to prisoner and said to him, "Young man, this won't suit me. Have you got another coin?" He said nothing, but took
to his heels. Thomas followed him and brought him back. I gave him in charge. I handed the constable the second florin he had tendered and later I went to the station with the first florin, which I had placed on the Cox's till separate from the other coins.
Cross-examined by prisoner. In taking the florin from the till I did not take a lot of other florins in my hand as well. You were brought back within 10 minutes of your running away.
HERBERT THOMAS , insurance agent, 177, Aldersgate Street, E.C. On the afternoon of February 23 I was in the saloon bar of the "King's Head" when I saw prisoner with three other men. They bought some beer and one of them tendered a coin. Mrs. Charles said to prisoner, "Have you anything smaller?" and he said "No." She then gave him the change. She came to speak to me and then the three men left, leaving prisoner alone. He ordered a packet of cigarettes and paid with a florin, which Mrs. Charles handed to me. She said to him, "Haven't you a better one than this?" and he said, "Yes, half a minute," opened the door and ran out. I ran after him. He was running. About 150 yards from the public-house he ran into a cul de sac and I caught him. He said, "All right, sir, I will go quietly." I took him back to the public-house, at the door of which he struggled and said, "This is not a police station." A constable was fetched and he was given in custody.
To prisoner. It was about three minutes after you went out that I brought you back. I did not tell you I was a police officer.
Police-constable ROBERT HAMMOND, City of London Police. About 4.40 p.m. on February 23 I was called to the "King's Head" public-house, where I saw prisoner being detained. The landlady told me that he had passed two counterfeit florins. Prisoner" replied, "I did not pass two—only one." He declined to account for his possession of it. I took him to the station. On him were found a shilling, a sixpence, three, pennies, good money, and a packet of cigarettes. On the way to the police court the following morning he said, "I met two men I knew. They do not live where I do; they live in South London. They gave me the coin to change."
CHARLES FREDERICK THOMSON (prisoner, not on oath). I was having drinks with two men when I asked one for a cigarette. He said, "Call for a packet," and he gave me a florin, with which I paid for a packet. Mrs. Charles was asking me if I had anything smaller when these men walked out. I said I had not and was going out to look for these men. When Thomas caught hold of me I had the 1s. 9d. and the cigarettes in my hand at the time. He said he was a police officer, and when I found that he was taking me into a public-house I struggled.
Verdict, Guilty of tendering the second florin knowing it to be bad.
A former conviction was proved against him in 1908 for stealing two bottles of whisky, when he was bound over. There was no doubt that during the last six months he had become associated with a gang of coiners.
Sentence, Four months' hard labour.
Mr. Pickersgill, M.P., prosecuted.
FLORENCE DUCKER , barmaid, "Cumberland Stores," 15, Beak Street, W. At 10 p.m. on March 6 prisoner came in and ordered a glass of ale, price 1d. He tendered a florin, which I put into the till, and I gave him the beer and 1s. lid. change. Three other men then came in and joined him. He ordered another glass and tendered another florin. I suspected it was bad and on testing it found it was so. I spoke to my mistress and then tested the first florin he had given me. With both coins in my hand I told prisoner he had given me bad money. He said, "I gave you that?" and I said "Yes," and asked him to return me the change I had given him for the first florin. He did so without hesitation. I sent for aeonstable. These are the florins (produced.)
To the Court. There were no other florins in the till when I put his first florin there.
Police-constable HERBERT NAIRN, 35 C. In consequence of a communication made to me by Ducker on the night of March 6 I stopped prisoner, who was walking down New Burlington Street. 1 told him that a complaint was made against him that he had attempted to utter counterfeit florins at the "Cumberland Stores," and he said, "I know nothing about them. I am sorry." I searched him and found in his right-hand trousers pocket two counterfeit florins, and in his left-hand trousers pocket one sixpence and a shillingsworth of coppers. On being charged he made no reply for the moment and then he said, "I don't know anything about them. You might get some one day yourself."
Prisoner, on being called upon for his defence, said that he wished to say nothing.
Verdict, Guilty. There was no previous conviction against prisoner. He had refused to give any information about himself.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, March 29.)
SUGARMAN, Samuel , conspiring with Frederick William Mallinson and Harold Jenkins and others unknown by false pretences to obtain goods from persons who might be induced to deal with the said Frederick William Mallinson and Harold Jenkins, with intent to defraud; obtaining by false pretences from Rudolf Robert Reichenheim 73 table cloths and other articles, from Eno Kurtenger eight boxes of embroideries, and from Henry Allen 150 dozen handkerchiefs, with intent to defraud; unlawfully receiving 73 tablecloths and other articles, knowing the same to have been obtained by false pretences and with intent to defraud.
Mr. W.G.H. Jones prosecuted; Mr. C. F. Baker defended.
RUDOLF ROBERT REICHENHEIM , 33, Noble Street, E.C., manufacturers' agent. In July last we received a visit from a man named Jenkins. He said Mallinson was a shipper to Canada, that he was conducting the Canadian trade for Mallinson and wanted to buy some embroideries and, if we were right, he would buy from us. He did not want goods for the home market. He looked round and made notes of what we had. He came back about a week afterwards and said he would take goods that he had selected. We then asked for references. He gave the name of Lazarus and Rosenfeld, of Bevis Marks. I went there. They said Mallinson had not done more than £15 or £20 in any one transaction. I was not satisfied and went to Mallinson's office and asked him for further references. He then gave me the Wholesale Supply Stores, 40, Marion Street, Leeds, the National Provincial Bank, Smithfield branch, and another. I think it was Siegel and Co. We got a verbal answer from the bank and a written one from the Wholesale Supply Stores, signed by H. Jacobson. The first order we got on July 7 amounted to about £180. He said they were for Canada. The goods were paid for. There were other orders on September 28 and October 22 and 26. The goods were delivered, but not paid for. The next lot was 30 boxes of embroidery on October 29 and the next 18 boxes of embroidery from stock. They represent a total of £340 worth, all perfect goods. None of it has been recovered and we have not been paid for it. I applied for payment on November 14 or 16 and found the office closed. I applied on November 20 for a warrant against Mallinson and Jenkins, which was granted. On that day I went to Leeds with Detective-sergeant Nicholls. On December 1 he and I called upon prisoner as ordinary purchasers. We looked round and bought half a dozen handkerchiefs at 4d. each. We then went to the Town Hall; Leeds, and then with Inspector Wilson we went to Jacobson's place. After leaving there we went to Sugarman's. Sergeant Nicholls told him what we were there for. I recognised a lot of my goods on the premises and told him they had been obtained by fraud. Prisoner made a statement, which he signed. After that he made various explanations. I queationed
him as to a lot of embroidery of mine. I asked how many boxes he had; he said six. I pressed him and he still said six. Then we walked round his place and I saw 22 or 23 boxes of my stuff there, He said, "Those are all the same goods." I said, "No, they are not all the same; they are three different lots." He said, "No, they are all the same." They were three different qualities, three different prices. Sergeant Nicholls looked at the invoices and ledger. Subsequently I went again with Sergeant Nicholls and Mr. linger; we got a search warrant at Leeds and inspected the stock very minutely. Of the first lot mentioned in the indictment, £77 7s. worth, we recovered about £38 worth. I recognise them by the patterns as being the goods supplied by our manufacturers. Of the next lot we recovered about £20 worth. From descriptions I had given to me from other creditors I identified other goods. I identified about seveneighths of the goods as having come through Mallinson.
Cross-examined. It was Jenkins who ordered the goods, not Mallinson. I do not know whether he was a Canadian or not. I saw Mallinson many times. I have not said that before because I waa not asked. He did not say he was going to do business with Canada; he said he was shipping. From July 9 to September 23 inclusive there was a satisfactory course of dealing with Mallinson. Befween October 22 and November 10 £340 worth were obtained which are unpaid for. I satisfied myself that Mallinson had disappeared on November 26. Some time before the 30th I knew the goods had been consigned by Mallinson to prisoner. I ascertained it through the London and North-Western Railway Company. The goods were not easily traced; it was the merest accident. They were addressed to and consigned to the Manchester Fent Company, 130, Kirkgate, Leeds. There was no attempt to obliterate the marks of identification. I said at the police court, "The accused gave us every assistance in identifying the goods"; also, "He had dealings with Mallinson in the ordinary way of business." "He produced his books and invoices and invited the police to examine them," was said by the police. He did not point out the goods supplied by Mallinson. If I said, "He very probably pointed out himself the goods which were supplied by Mallinson," I got it corrected later onin the depositions. He did not point them out. Prisoner gave us every assistance in identifying the goods. I do not think he volunteered the statement that they came from Mallinson. He only showed one letter from Mallinson to the officer. It was on the second interview with him I thanked him for the assistance he had given. I did not then regard him particularly as a dishonest man; he just happened to be the person we found with the goods. I went to see Jacobson at 40, Marion Street, Leeds. He says he is a jeweller and hardware dealer. He told the police he had known Mallinson three and a half years and had sold goods to him. He did not say exactly that he had never bought from Mallinson. He admitted having different goods from him, but maintained at first that they were goods he had previously supplied to Mallinson. I think he afterwards amended it. I examined the invoices which prisoner gave to the police and found
that the embroideries which were on his premises were only delivered to Mallinson on November 10. I found there was no invoice for embroideries after November 8. It did not occur to me that invoices might be sent on in advance and the goods delivered afterwards. I think I heard prisoner say he had made inquiries about Mallinson through his bank. He said, "I admit I had suspicions at first, but I made inquiries through my bank and they said it was all right." I was satisfied with the references or I should not have supplied the goods. On our first visit something was said about furs. Harrod & Stores were creditors who supplied Mallinson with a set of skunk furs value £9 10s. and they joined us in the prosecution. I was close by when they were selling a set of furs. The girl asked prisoner as he was speaking to us what he would take for them and he said £8 10s. I jumped to the conclusion they were the Harrod Stores' furs. (To Mr. Jones.) The £340 worth of goods supplied to Mallinson weighed 14 1/2 cwt. net and cost £24 10s. to £25 a hundredweight. The total quantity supplied from September to November 16—I took it out roughly—is 102 cwt. 3 qr. 14 1b. According to the ledger the amount charged is £777, a little over £7 a hundredweight. £7 per hundredweight is only the price of cut-up pieces of damask, whereas mine are the very finest made.
Detective-sergeant ERNEST NICHOLS, City Police. On November 30 I received a warrant at the Guildhall Police Court for the arrest of Mallinson and Jenkins for conspiracy to defraud. That has not been served. I went to Leeds on December 1 with Reichenheim. I had made inquiries and traced a large quantity of the goods which had been obtained by Mallinson to prisoner's address at Leeds, the Manchester Fent Company. I went there with prosecutor, had a look round, and purchased one dozen handkerchiefs. Exhibit 2 is one of them. I produce the receipt. Later, in company with Detective-inspector Wilson, of the Leeds Police, I interviewed Jacobson at Marion Street. 1 On leaving there we went to the accused's place and saw him again. I informed him I was a police officer from London and was making inquiries as to his dealings with Mallinson and Jenkins, of Milk Street, that it was alleged that Mallinson had obtained a large quantity of goods by fraud, which were traced to his premises. Sugarman stated "He had dealings with me to the extent of £1,000." He showed me 19 invoices. The first is assorted linens and embroideries, £48 17s. 5d. There is nothing to show how the sum is arrived at. There is the date and the name of the Manchester Fent Company, but nothing else on it. The same applies to all the invoices. Prisoner made a statement which I took down in writing and he signed. He produced his ledger, one of his lady clerks read out the different items and I checked them with the invoices. It was found there were four invoices short; I afterwards found there were really eight short. She read out 23 items whereas she ought to have read out 27. Prisoner said they evidently must have been mislaid. He produced other invoices, but no others from Mallinson. There is an invoice from E. Cohen and Company, Mosely Street, Manchester, 165 1b. mercerised damask at 1s. 10d. per 1b. All the other invoices except
Mallinson's show how the sum carried out in the cash column is arrived at. I asked prisoner what Jacobson had to do with his com-pany. He said he was one of the shareholders. He also handed me then the memorandum and articles of association. Jacobson holds 25 shares. After prisoner showed me the 19 invoices and the letter from Mallinson he showed me his ledger. I inspected it and took down the statement. He informed me that Jacobson held 25 £1 shares in the company. Reichenheim asked if he had bought embroidery from anybody else. He replied, "Yes."Richenheim pointed out several lots of goods from Mallinson, and I then cautioned him not to deal with those goods. Prisoner said, "I cannot identify the goods I received from Mallinson from those I have received from other people."I pointed out some goods in bulky boxes and he said he would put those on one side until he heard further in the matter. He also asked me if he was bound to do so without the magistrate's order. I said, "You are not bound to do so, but it is a very serious matter, a large amount of goods have been obtained by fraud, and that is what I direct you to do."He placed no difficulty in my way in showing me the various goods. On December 9 I received a summons and proceeded to Leeds again in company with Reichenheim and Unger (also a creditor), and I attended the Leeds Police Court, when those gentlemen swore an information and obtained a search warrant. The same day I went with Inspector Wilson to defendant's premises. Inspector Wilson seized. a large quantity of goods. When we entered defendant was in company with Jacobson. I served defendant with the summons; he read it and said, "What are the grounds of the conspiracy; I am prepared to go." Inspector Wilson read the search warrant to prisoner who said, "All right, I understand it." He afterwards said, "I admit I was suspicious at first, but everything appeared all right. What else could I do? I made inquiries and saw that Mallinson paid regularly. My bankers made inquiries.'7 He did not say why he was suspicious at first. Reichenheim and Unger identified their own goods and the goods of other creditors from samples that had been supplied to the police. Those goods were taken away on the search warrant. About three-fourths of the goods in his stock were identified as their property. The accused was arrested, taken to the police station and liberated on his own recognisances. On the way to the station he gave his private address. We searched that but found none of the goods mentioned in the search warrant. On the way back to Kirkgate prisoner said, "Unfortunately, after you saw me last time I was taking Mallinson's letters to my solicitor and lost the parcel. I hope to get it back; somebody must hare found it." He said he had advertised for them. I have not heard of them since. Prisoner produced only one letter from Mallinson. The goods which were seized are at Moor Lane Police Station, with the exception of the samples, which are here. With the exception of one box or part of a box of embroidery we seized every piece of embroidery at Sugarman's place. Rose Angel, one of the directors of this company, was served with notice to produce the books and documents relating to the transactions with Mallinson; she produced
them on the first hearing at the Guildhall. There are four books, and Exhibit 18 was handed to me by prisoner on January 7. It is labelled "Day Book" and seems to be a rough account book. A collection of invoices from other suppliers was handed to me by defendant's solicitor on December 29.
FREDERICK DYSON . 13, Wittall Street, Manchester, smallware merchant. I let the premises 7, Wittall Street, to Thomas Holmes. He was allowed to sub-let, and sub-let to Mr. Blaydon somewhere about January, 1908. Blaydon dealt in fents and general goods. Sugarman was with him in the business. They remained there about nine months. They gave it up, saying things were rather quiet, and took a shop nearly opposite. A man named Gordon then took 7, Wittall' Street. He had it for two weeks and then found a tenant named Sinclair, who was there about two months. I knew Sinclair by the name of Mallinson. I learned that almost as soon as he got there. I saw Sugarman once go across the way at a time when Mallinson had a lot of pictures hung round. He might be looking at the pictures. I could not say what he was doing. Mallinson stayed there about two months, then Blaydon came back again immediately to his old premises. I could not say if Sugarman and Mallinson were on friendly terms.
CHARLES WATKINS , The Oaks, Woodford Green, Essex, surveyor. I act for Messrs. Knowles, the owners, 11, Milk Street. Mallinson took the premises for a term of three years at £90 per year. He has paid only one quarter's rent. He also took a yearly tenancy of the ground floor and basement 25, Jewin Street, at £100 per annum. He has paid no rent in respect of that.
ARTHUR PALMER PECKOVER , clerk, office of Registrar of Joint Stock Companies, Somerset House. I produce the file of the Manchester Fent Company, Limited. It was registered in 1910. The signatories are Samuel Sugarman, Rose Angel, and Rachel Sugarman. 225 shares have been issued, Samuel Sugarman 50, Rose Angel 50, Rachel Sugarman 50, Eli Cohen, Harry Jacobson and David Silver 25 each.
JOHN KARRY , clerk to Mori and Company, carriers. I produce delivery ticket dated November 5, 1910, for a case of embroidery, weight 353 kilos. It was delivered 11, Milk Street. It is addressed to Mallinson and signed by G. Smith.
WILLIAM HENRY HEAD , police sergeant, London and North-Western Railway Company, Broad Street Goods Station, produced various: consignment notes relating to goods dispatched by Mallinson, of Milk Street, E.C., to the Manchester Fent Company.
---- LAGERWELL, traveller for Mr. Lee, manufacturers' agent. The invoice for £7 14s. 3d. (Exhibit 20) was made out according to my instructions. I produce the delivery note.
needlework, 4,500 yards at 1 1/4 d. per yard, and on November 16 I purchased two boxes of needlework for £3 16s. 8d. and 40 pieces and 10 yards for £7 13s. 4d. The total works out at 2d. per yard. I also produce a sample from the box of six pieces, 40 3/4 yards in each, which I purchased at 6 1/2 d.
RUDOLPH ROBERT REICHENHEIM , recalled. As to the suggestion of the defence that the needlework, etc., were out of season and ought to be bought cheap I can only say I would like to trade on those terms.
(Thursday, March 30.)
ROBERT STOKES , traveller to Messrs. Unger and Roberts. I called upon Mallinson and left some patterns for them to go into. Jenkins said their trade was with Canada and he had to go into the matter and put the figures into cents and dollars. The next day they gave me an order for 25 boxes of embroidery and three or four days after-wards I sold them nine more boxes, the remainder of our stock. They were delivered on November 3 or 4. Jenkins said he wanted them both delivered together as they were for one order—he mentioned Toronto and Montreal when I saw him. Afterwards he tele-phoned for me to call and see him, when he said he was making a shipment on that date and I was to send them in to his warehouse by about 12 o'clock in the day, so that he could include them with other goods he was sending off to the docks. I took another order from them for goods that required a month to make. They were not delivered because Mallinson and Jenkins had gone.
ROBERT ROBERTS . I am partner in Unger, Roberts and Co., 74, Aldermanbury, agents and importers. Last witness brought me an order from Mallinson for 25 boxes first and nine afterwards. I had references. I identify the goods as coming from our stock. They are our own patterns. We only sell to wholesale houses. Jenkins bought the goods. He said he had got a connection in Canada. We understood they were a shipping firm. They had got a packing room in Jewin Crescent. I have seen the whole of our goods except one box at the police station. The price Blakely bought at is not reasonable. Retailers would not sell under 7 1/2 d. or 8d.
HENRY ALLEN , Allen and Co., Belfast. I have an office in the City. On July 3 I received a call from Jenkins. He said he had a large clientele in Canada and Mallinson, who employed him, was going to launch out in his business. He said he had business in the North of England, but was coming down to London, that he knew no one in London and that he was working to get credit in London. He gave references, Lazarus and Rosenfeld, St. Mary Axe, and the Wholesale Supply Stores—that is Jacobson. I saw Mallinson. He said he knew nothing at all about shipping business, but Jenkins did. On October 1 I supplied them with 140 dozen linen handkerchiefs at 4s. 7d. and on November 7 10 dozen more. I identify one of the boxes. The others have been identified at the police station by a young man in my office.
WILLIAM LEGGETT , 12, Lavender Grove, Dalston. I am in the employ of last witness. Early in July last Jenkins came and asked for samples as he was commencing a shipping agency to Canada. I was showing the samples when Mr. Allen came in. Jenkins said he was buyer for Mallinson. Mr. Allen took the order.
H. M. SAINSBURY, merchant, 1 and 2, Mumford Court, E.C. I came into touch with the firm of Mallinson on November 9. On that day Jenkins called upon me and bought goods, which he said were for export to Canada. I did not ask for references, but I questioned him upon customers I had done business with in Canada and, as he seemed to know all my customers there or the biggest part of them, I concluded everything was all right. I had a lot of 18-inch wide sideboards and duchesses which were only of any use to Canada. They had been in stock some considerable time and I could not sell them in England. When Jenkins called on me and said he wanted to buy goods for Canada that was my opportunity of getting rid of some old stock. He bought them. I am sorry now I sold them to him. I did not take references as I always look upon a man as being honest till I find he is not. The total value was £83. I have identified about £40 worth at the police station.
Mr. VAN THAT. I sold to Mallinson bleached linens. About £46 worth he has not paid for. I recognise this tablecloth with the ticket of the Manchester Fent Company as my goods. They were sold by me at 3s. 9d. per dozen and should sell at 5s. 6d. or 5s. 11d. The price on the ticket is 3s. 11d. Mallinson wrote to my firm in Belfast, who forwarded the letter to me. I called on him and he told me he was shipping to the Canadian market. He gave as reference the Wholesale Supply Stores, Leeds, and his bankers. The reply from the Wholesale Supply Stores is signed by Jacobson.
SIDNEY VICTOR ROGERS , traveller to Alfred Copeman, 6, Love Lane, E.C, manufacturers' agent. Receiving a communication from our firm in Germany, I called at Mallinson's, saw Jenkins, and made an appointment at our office. Mallinson's letter to our German firm is stamped, "Warehouse and Shipping Department, 25, Jewin Street." Jenkins called, saw samples, and bought £441 worth to be delivered to Jewin Crescent for shipment to Canada. He gave as references Reichenheim and Van That Brothers. I identify a sample of merino combinations as goods we sold to Mallinson. It has a sale ticket, "1s. 6d. 130, Kirkgate, Leeds." The retail price should be 2s. 6d. or 2s. 11d.
Cross-examined. The wholesale price is 16s. 9d. per dozen. SYDNEY WALTER PACK, CHARLES PARKES RANKIN and CHARLES GEORGE THORPE gave evidence as to similar transactions.
Sergeant ARTHUR THORPE, City Police. I have examined the books of the Manchester Fent Company. Pages 1 to 12 in the purchase day book are missing. The entries are consecutive on pages 1 and 12. July is on page 1 and August on page 12. There is nothing to identify the missing pages as connected with the Mallinson business. Pages 14 and 15 and 62 to 69 are also torn out (the witness explained the accounts).
ALBERT EDWARD KITCHING , 74, Lambeth Road, Great Grimsby. In September last I was in the employ of Mallinson as clerk in auction room at various places in the north of England. At the end of September I joined him in London in Milk Street. I did not keep accounts. I made out one or two invoices of a kind, no details—statements. I am not aware that detailed invoices were made out at all, I never saw any. Mallinson himself would have made them out as far as I know. I was not fully occupied. I never wrote letters to prisoner and never read any that were sent to him. We sent goods to three or four different people. I am not aware that more goods went to the Manchester Fent Company than the others. I was not. in the warehouse. I made out consignment notes. I know nothing about the towels which appear in prisoner's day book at page 317 as having been sent to me.
SAMUEL SUGARMAN (prisoner, on oath). In 1908 I was associated with Blaydon, who carried on business as the Manchester Fent Company in Wittall Street, Manchester. I received £4 as manager, Blaydon had shops in other towns. I used to go and carry out the preliminaries and set the businesses upon their legs. I gained a good deal of experience in buying fents while I was with Blaydon. The fent business consists of a kind of bazaar. The kind of business I established was somewhat original to other shops I have seen in other towns. The goods I bought are mostly soft goods. I expect to get them at considerably less than manufacturers' prices so as to be able to sell cheaper than ordinary shopkeepers. I buy travellers' samples, soiled and damaged goods, salvage and bankrupt stocks, and a hundred and one different kinds of stocks come our way that we are in a position to offer at below makers' prices. Very often we get quite new goods at what are obviously below manufacturers' prices. The fent business is more popular in Manchester. I had no dealings with Mallinson in my life before July last. I have known him nine or 10 years capually. I might see him once in one or two years. He called upon me last July. I do not think I had seen him for two years or more. I did not see him to my knowledge when he was occupying premises in Wittall Street. I may Have passed there. On September 4, 1908, Blaydon and I parted. The arrangement was that he was to have the businesses in Manchester, Halifax, St. Helens, and Bradford and I was to take possession of the empty shop in Kirkgate, Leeds. I had no capital, and my sister-in-law, Rose Angel, joined me. We carried on business in the name of the Manchester Fent Company and in her name. Rose Angel put in at first about £100. Afterwards she obtained £100 on a bill of sale on her furniture and that was invested. We then occupied 11 and 12, Kirkgate. Two years later we took premises opposite at No. 130. The removal had nothing whatever to do with Mallinson. I then consulted my solicitor with a view of settling the proportions of the ownership of the business between myself and Mrs. Angel. He advised that a
private limited company should be formed. I left the question of the capital of the company and everything else to him. After the company had been established some months I called in Mr. Brown, an accouttant, as my system of bookkeeping was not as nice as I should like it to be. I gave him all the material I could, some of which was on slips of paper. With regard to Mallinson's invoice of £23 3s. 9d. of August 2 and the suggestion that the entry shows only a payment of £15, I paid him £8 3s. in cash and £15 by cheque. I put it in the ledger as £23. When the accountant came upon the scene he entered up the new ledger from the pass book and there he only found £15 instead of £23, whereas I took it from the actual receipt. When Mallinson came to see me in July he gave me a card. It had on it "F. W. Mallinson, 11, Milk Street, General Merchants and Dealers." He said he had opened out in London and was doing a considerable amount of business, especially in the North, and he often came across lines that might interest me. I had not the remotest idea he was coming. There is no truth in the suggestion that at that interview or subsequently I entered into a conspiracy with him to obtain goods from people. He either brought samples or sent them by post. I was never at his place in Milk Street or Jewin Street in my life. I have never seen Jenkins. I have only heard of him since the prosecution started. Mallinson did not tell me he was engaged in the export business to Canada. The accountant in posting up the books came to me at the end of every month and I gave him such explanations as I could about matters that he queried. I never checked him. The average takings per week from the time of the formation of the company were about £130. The purchase day book was brought by one of our lady assistants. The entries are in the accountant's writing. The 10 pages were out when the book was begun. The lady who brought the book is here. When the company was formed the stock in the shop was worth £600 or £700. The profits had been left in the business. The liabilities at the time the company was formed were £500 to £600 including the loan account: Payments to Mallinson were made by cheque. All our cheques are crossed with a rubber stamp. The cheques to Mallinson amount to £970 roughly. The last cheque, November 18, £124, was crossed and afterwards made open at Mallinson's request. He called that day and I gave him a cheque to straighten up our account. He said, "I am going on North and want some ready cash, do you mind opening the cheque for me." I wrote across it, "Please pay cash." He had written from London saying he had several prospects of getting some good stuff very cheap, only he had to pay cash, and it would be beneficial to him if I could accommodate him by sending bankers' drafts instead of cheques. If we send cheques we get three or four days' credit. I made inquiry of my bank about him because he made statements to me which I did not fully believe to be absolutely true. After receiving one or two parcels of stuff it struck me they were quite new and I felt suspicious. I then went to the bankers and explained my dealings with him. The bank manager decided to make inquiries. He sent for me and told me the man was quite
sound. I remember teeing Mr. Reichenheim and Sergeant Nicholls on December 1. They were looking about the shop as ordinary customers might. Later in the day they came with Inspector Wilson. Sergeant Nicholls asked me whether I knew a man called Mallinson. I said "Yes, I had done a considerable amount of business with him" He said, "Are you aware these goods have been obtained by fraud?" I said, "You surprise me; I am not aware of it." He then asked me whether I would make a statement in writing. I agreed, and various other questions they asked me I readily answered. I gave them every assistance and put the office and stock open to them. All the correspondence from Mallinson was on the premises at the time. Nothing was concealed. Next morning I went to see my solicitor at Bradford. One of the lady clerks got all the papers and correspondence relating to Mallinson's transactions, for me to explain to my solicitor what had taken place. When I got there I found the parcel was missing containing the letters and papers from Mallinson. I 'phoned to our place of business from the solicitors to ask if I had not forgotten them. They looked and could not find them. I called at another place where I had business. I telephoned there to ask if they had seen them. We then telephoned to the railway station left luggage office, and so on. We had no favourable reply. On the same day I caused an advertisement to be inserted in two Yorkshire papers. I believe one appeared the same evening. My copy letter book contains copies of replies to all the letters I received from Mallinson. Jacobson is a shareholder in the company. He has advanced me money for years. He is a frequent visitor at the shop. He takes no part in the business. Goods invoiced by Mallinson did not always come together. They very often came in three or four different consignments. The erasure in the day book was done by himself. It showed the actual cost from Mallinson. I agreed to give him 5 per cent. profit on stuff he bought if it suited me. I did not want the girls to know the actual cost because there are things they require very often for their own use on which I charge no profit, and very often they want things for their friends and neighbours and expect it at that price also. Nathan Silver is an intended brother-in-law. He has made me loans. With regard to the invoice for embroideries from Mallinson on November 8, Mr. Reichenheim says they were not sold to Mallinson till the 10th. We had samples probably 10 days before that and bought it from the sample. The things would be charged a day or two before they were consigned and they would appear in our books on that date, although we did not get them for some days after. As a matter of fact I carried those samples about Manchester and tried to offer them at a small profit, 3 1/2 to 10 per cent., but could not succeed. I decided if I could buy them at a reasonable price I would keep them till the spring. They are quite new goods. There is very little old stock in embroideries. We always claim to sell cheaper than ordinary shopkeepers. If we get a lot of goods that turn out very bad we occasionally sell under cost and are glad to lose money. As to the checking of the invoices, Sergeant Nicholls, Inspector Wilson, Mr. Reichenheim, myself, and lady clerk between us managed to get,
out all the invoices corresponding with our ledgers as far as I understood. It was news to me afterwards to learn that there were several omitted. As far as I am concerned, all the goods received have been entered up in the book. On November 9 I returned some empty cases to Mallinson's address. I had no idea they would not reach him. I heard that 10 to 14 days afterwards from the railway company. One day in November while Mallinson was in the shop he selected one or two little articles and said he would like them posted on to an address in Grimsby. I believe he said afterwards he would post them himself. There was never any division of profit with Mallinson. I have had no more relationship with Mallinson than with any other person I have done business with. I had no knowledge he was defrauding anyone.
(Friday, March 31.)
SAMUEL SUGARMAN (prisoner), cross-examined. I do not think I saw Mallinson in Wittall Street more than about once. I have heard since the prosecution that he was trading under the name of Sinclair. He was there long after me; I let the premises long before he took over the place. The Manchester Fent Company were there; that is Blaydon. I had nothing to do with it. I left for Leeds. I used to go there to buy goods after I left for Leeds. The business was in Blaydon's possession. The first possession of Blaydon and myself of 11, Wittall Street was January to November. I was associated with Blaydon from January, 1908, to September, when I took over possession on behalf of my sister-in-law. We used some of the Manchester Fent Company's old billheads. There was no name at all on the shop. I heard Dyson say that when the Manchester Fent Company gave up 11, Wittall Street in November Mallinson came in and the Manchester Fent Company went opposite to No. 8, and that Mallinson went out of No. 11 and the Manchester Fent Company went back again. I had nothing to do with that. I have been in No. 8 when the Manchester-Fent Company were there, but I had no connection with it. I may have been there to buy goods when they went back to No. 11. Our ledger will show that we bought hundreds of pounds worth of goods there. I had no more friendship with Mallinson than passing "Good day" and "Good night." I did not know him there as Sinclair. He was trading as Mallinson. I did not take particular notice what name was up. I first learned that he used the name of Sinclair from the prosecution. Mallinson's private address in Manchester is 20, Clode Street, near Higher Crumpsall. Possibly he might have been in my shop. I had not seen him, to my knowledge, for two years previous to July, 1910. (Book handed to witness containing the following entry: "January, 1910, Mr. F. Sinclair, 20, Clode Street, Higher Crumpsall, Manchester," giving details of goods supplied to the value of £1 7s. 6d.) If this was Sinclair he may have bought them and had them sent in that name but I should not assume it was his name. This entry is my own writing. When people come to buy goods and give me an address to send to I do not
want to know who they are. I may have known him as Sinclair, but I would not attach any importance to it. My statement that I never knew Mallinson as Sinclair until the prosecution started was not knowingly false. I had not gone into details with him to know whether he was Mallinson or Sinclair. Perhaps I thought he was staying in the name of Sinclair. There is another entry on February 16 of goods sent to Sinclair, £1 5s. I did not take that order. It is in one of the employes writing. I might have entered in there from the book. When Sergeant Nicholls asked me when I first knew Mallinson I told him in this particular business I never knew him before July. I do not remember if he asked, "When did you first know Mallinson? "or words to that effect. I may have said, "I first knew Mallinson in July, 1910." I should not think I said it. I do not know what I said. If I said I knew Mallinson for the first time in July, 1910, it was grossly untrue. I did know him and still I cannot say I did know him. I have known him by repute. I swear I volunteered everything to the police. I showed them the whole bunch of letters and invoices—let them take what they liked. I cannot say what I have shown them. If they did not look it was. not my fault. They were there for them to see. Absolutely on my oath, every letter received from Mallinson was among those papers. The letters of Mallinson that I lost contained full details of the goods he sold to me in most cases. They did not give the prices he paid for the goods. In some cases he gave the actual prices, but said he bought hem subject to discount. He did not give the manu-facturer's price in every case. I cannot say when Mallinson went out of the jewellery business. I have been a jeweller for a number of years. His system was, take a shop and sell by legal auction. I travelled different markets. We were doing similar business. It did not strike me as strange that Mallinson should be offering me con-siderable quantities of perfect goods at below manufacturer's prices. I think I asked him how he came to change his trade from jeweller to soft goods. I did not ask him where he purchased the goods. He told me called on various manufacturers to buy stuff. I never asked him for the manufacturers' names. It did not concern me where they came from. I wanted to be satisfied the man was an honest bona fide tradesman and went to my bankers 6 October 12. He told me he came across a lot of manufacturers' stuff, some more than 50 per cent. below cost price; I would not give 70 per cent. off. I believe he dropped one invoice out of his pocket in our place. I gave it to the police. That is the only invoice I had. Reichenheim's name was first given to me, probably in July or August, by, I think, Cassella Brothers, Cannon Street, Manchester; it might have been Bacher and Co. or Woolfson. I never got it from Mallinson. I understood Mallinson was getting a profit on everything he sold. He very often sent samples on by post and wrote a letter accompanying them, explaining what sort of goods he had. (The witness was cross-examiend at great length on each invoice sent to Mallinson as to the price at which he offered the goods for sale. The witness contended that his sale price was always above manufacturer's price.) My private mark is
Chimney pot." I have had no dealings with Sainsbury. Exhibit 199 shown, to witness. I do not know what the private mark repre-sents. Mallinson told me he would send up a certain quantity of goods and the manufacturer's price would be so and so less discount. Probably while he was ringing on the telephone I made notes of it to compare it when the stuff came. I admit the prices which Mr. Sainsbury said represented the cost prices are the prices I received from Mallinson. I was always under the impression Mallinson bought them either as clearing lines or job stocks. I generally agreed the prices with Mallinson. I did not know what it cost him in many cases. The goods mentioned in Mallinson's letter he explained to me the nature of as far as he could. He said they were accumulated in the place and I said I would have them and give him 5 per cent. on his purchase if they were as represented. I cannot say that £126 represents the full manufacturer's price. I wanted to see the stuff first. I would not have anything he got hold of; I bought stuff that would be saleable for us. As to Kitching's evidence that every consignment of goods from Mallinson except two came to me, has it not been admitted by the police that there has been a lot of goods gone to other people besides me? I understood so from the police themselves. Two lots went to Jacobson, our shareholder. Mallinson has offered me goods in galore that I would not have and returned. He sent one lot at what I thought an exorbitant price and we told him we should send it back and offered him a price which he accepted, and we kept it. As to none of the invoices subsequent to November 1 showing Mallinson was making 5 per cent., it may have been worked out in some other invoice. I never tried to work it out. As he sent me a lot of goods, explaining what they were, if the price was right we passed them through our books as purchased. I cannot answer your question as to whether the arrangement of 5 per cent. on his cost price was carried out in any subsequent transaction. I do not know that I never carried out the arrangement. Up to October I paid him in every case by crossed cheque; then, after getting satisfactory references, I sent him bank drafts. He explained that he must pay cash for most of the things he bought. I did not know that Mallinson never paid a penny for his goods after November. I did not go to Jacob-son to inquire about Mallinson. I never thought that at the time Jacobson knew him. Jacobson must have known him. I was not aware Mallinson was giving Jacobson as a reference. I heard it from the prosecution for the first time. I was friendly with Jacobson. He has not had the run of our place since the company was formed nor have I been in his. He has perhaps lent me £20 since the com-pany was formed. He never told me he was giving references to Mallinson. He would imagine I was one of the customers upon whom Mallinson was calling. I cannot tell you a single firm that Mallinson was doing business with. My letter of September 24 means that if the next lot of goods he comes across is likely to suit us, if it comes to a considerable amount of money, more than we are willing to purchase at a time, then he might make use of a little of ours for £100. We would not give that bill until we received the goods.
The object of referring to my bank was not to assure them that the transaction was all in order and that Mallinson was a respectable man. The bank would have discounted the bill of the Manchester Fent Company for £100, although it had issued no balance-sheet. The capital, being only £225, would make no difference. Our £225 company was sounder on the market three months ago than any £200,000 company. The bank has discounted our bills absolutely without guarantee or security. This bill drawn by Loomes was discounted by his bankers. He brought us a cheque in exchange for it. do not think that man has. got £100. We have never tried to discount a bill at our bank. We have never had a cheque returned. The hank would have lent us money; we applied to them and they were willing to give it to us. We did not get it because they wanted a detailed stock list. Our accountant can prove that. The reason why Mallinson's invoices do not disclose the rate of purchase, the quantity of goods, or the marks identifying them, is that we have to depend on the telephone or post in dealing with Mallinson; all the others we call upon. I was satisfied with whatever goods I received from Mallin-son and we agreed to pay, and paid. We took no trouble to check invoices except to see what we bought. I should think we have done £1,000 worth of business with Eli Cohen during the last 12 months.
(Monday,. April 3.)
SAMUEL SUGARMAN (prisoner), re-examined. The prices I paid to Mallinson were good market prices for the class of goods. As to my £50 invested in the company, I paid it in two or three sums at the time the company was formed. I had no banking account then. Of the £225 the only amount paid by cheque was Mrs. Angel's £50. My wife's £50 was paid in cash and went into the bank. Mrs. Angel received a cheque for £100 from the company and then she paid the £50. Nathan Silver is the only man who paid by cash. Jacobson did not pay for his shares, we gave him fully-paid-up shares. Eli Cohen paid cash. He bought his shares when he was in Leeds. With regard to the entry "September 26 cash purchase £225," the exact amount of our capital, the accountant will be able to explain that better than I can. The accountant took it from the cash book. The cash book would show I had £225 in hand, which I did not have, and he put it down as purchases to correspond, I believe. We paid the money we took practically straight away to the bank. We were doing about £120 a week.
---- BROWN, incorporated accountant, Leeds. I have only known prisoner since the beginning of last September. A member of my family asked me to call and see him. I did so. He told me he had no proper system of bookkeeping, and I suggested in order to comply with the Companies Act he should keep proper books and have them written up so that accounts could be prepared at the end of the year. I think he understood bookkeeping in his own way, but not practical bookkeeping. He gave me a book which he called his cash book, his bank pass book, and a ledger in which he had kept accounts by single
entry. Other particulars he gave me himself and certain receipts and vouchers. I instructed the lady clerks as to how they were to keep the books in future. (Purchase day book handed to witness.) The entries in this book are mine so far as they appear to be in one handwriting. This memorandum book was on the premises when I entered. I went through this book with prisoner in order to ascertain which were credit and which were debit accounts and then they were transferred into this ledger. Prisoner told me at the time that certain of the accounts he was across with, meaning that he might owe more or less to some of the firms. He told me Which they were and satisfactory evidence was brought forward that that was so, and in the new ledger that was all rectified. In the purchase day book pages 1 to 12, 14 and 15, and 662 to 669 are missing. Those pages were missing when I commenced work. I drew prisoner's attention to the fact. He said it was a book that one of the young ladies in the shop had given or sold to him and the pages had been abstracted before it came into his possession. I had free access to everything. If it had been an ordinary trading firm a balance-sheet would have been prepared at the date I was called in. The entries in the purchase day book on pages 3, 10, and 27 are mine. It is my mistake in posting in the ledger 15 for 23. Prisoner had nothing to do with those figures. I told prisoner two or three times, seeing all his assistants had access to the books I did not think it wise of him to enter up items in his waste book showing his cost price.
ETHEL SILVERSTONE . 56 A Sheepscar Street, Leeds. I have been for some time in prisoner's employ, two years with Mrs. Angel, and one year with the company. I gave prisoner the book with the missing leaves. It belonged to my father. I tore the leaves out to write, letters on when I ran short of notepaper.
Cross-examined. Prisoner used to travel to Manchester and other places to get orders. He was absent for a number of hours at a time. I could not say he was absent a day frequently, he might be once in two or three months. I never saw him go out with samples. I remember the police coming on December 1. I did not attend to the corre-spondence. Mr. Sugarman opened the letters in the morning. I do not know who attends to them. I posted the letters or whoever was at hand. I never noticed defendant going to post letters. I saw Mallinson a few times. He did not call defendant Sammy. The first time he called he asked if the manager was in and gave me his card to give to the manager. That was last summer. I took the card to pri-soner, who asked me to show him in the office I did not hear them speak. I never saw Mallinson when we were in Wittall Street in 1910. I never heard the name of Sinclair. As far as I could see Mallinson and Sugarman appeared to be strangers in July. I am sister to Nathan Silver. Silverstone is my proper name. Silver is for short. My brother goes by both names. I have not taken the name of Silverstone for the purpose of giving evidence here. My mother goes by that name. I have always gone by the name of Silverstone. Sometimes if anyone asks my name, and I think it is rather a long name, I say Silver.
. Detective-sergeant NICHOLLS, recalled. There are no previous convictions. Prisoner is an undischarged bankrupt. He was made bankrupt in 1905 at Bury. He alleged then that he had a burglary. His story was not believed. £700 had been stolen from the safe. When it was examined by the police some of the holes which had been drilled in the back of the sate were rusty and some bright. The inference was that it had been prepared for some time.
Sentence, 18 months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE. (Thursday, March 30.)
Mr. Symmons and Mr. Roome prosecuted; Mr. Eustace Fulton defended.
(Deceased's death had been the result of an extraordinary want of care and cleanliness shown by prisoner, who had performed the duties, of a midwife towards her. The evidence was of an unreportable. nature.)
Sentence, Four months' hard labour.
Mr. Fox-Davies prosecuted; Mr. Purcell defended.
Detective-sergeant ALBERT SQUIRES, X Division. I produce a plan of the "Queen's Arms," Kilburn. On March 2 I found in the back yard at the rear, outside the scullery door, three patches of blood. In prisoner's bedroom at the "Queen's Arms" I found in a chest of drawers a small tin box containing live cartridges which correspond with those found in the revolver.
Detective-inspector FRANK PIKE, X Division. At midnight on March 1 I saw prisoner at the Kilburn Police Station. He seemed distressed and to feel his position very much. I said, "You will be charged with the attempted murder of your wife by shooting her in the head with a revolver and you will be further charged with attempted suicide by similar means." He said, "I am sorry I did it. She has led me such a dreadful life—continually coming to the house and abusing me." He made no reply when the charge was read out to him.
Cross-examined. Prisoner bears a most excellent character. He served through the South African War and left the Army with a good character and medals. He then acted as a valet to an officer. (Witness here gave details of the different situations prisoner, had filled since his discharge from the Army, at all of which he bore an excellent character.) He was head barman at the "Queen's Arms"
and was believed to be a single man; single men who live in the house are preferred by licensed victuallers.
FREDERICK WILLIAM QUICKLOCK , licensee, "Queen's Arms," Kilburn. Prisoner has been in my service for four years as head barman. I believed him to be a single man. I did not know that he did not sleep in the premises. At about 10.45 p.m. on March 1 I was in the saloon bar when I heard something. I looked through the glass partition and saw him leaving the private bar with a revolver in his hand. I heard two reports from the back yard. I sent a waiter for a policeman. Two came and went into the yard. One of them brought prisoner into the kitchen and the other showed me a revolver. I went into the saloon bar, where I saw Mrs. McNair, whom I took into the bar parlour. She was bleeding at the neck and had black smoke on her cheek. She was drunk.
Cross-examined. I should not have been pleased if I had known he was married. I had never seen his wife before, to my knowledge. The first thing I heard was one shot in the bar. He has always been a perfectly satisfactory servant. A year ago there was a burglary at the house.
ELSIE MCNAIR , wife of prisoner, 3, Oxford Road, Kilburn. On March 1 I first went into the "Queen's Arms" at about 3 p.m., but I did not see prisoner. I went the next time between 10.15 and 10.45 and I saw him. I do not remember what I said, but I was aggravating him greatly; I was not sober. I do not think he said much to me. I cannot remember what happened. I did not see the revolver. I felt something, but I do not remember feeling much. I fell down, but did not become unconscious. I remember being in the office.
Cross-examined. I have been married to prisoner six years and lave lived with him on the best of terms. I knew that he was employed there as a single man. We have had no serious quarrels. He said he would rather I did not come to the house because it might lead to his dismissal. I went in on this night and he did not want me to have any more drink. I believe I then went into another bar to try and get some. He wanted me to go away, but I would not. I knew he had had a revolver for several years; he took it from our house to the public-house when they had a burglary there. I have entirely recovered from my wound. He did sleep at the public-house some-times; he slept there for some considerable time because of the burglary. Re-examined. The billiard marker told me next morning that my drink had been taken away because I was so drunk. I must have nagged at prisoner, but I cannot quite remember. I did do so. I did not complain twice to the police of prisoner threatening me.
ROBERT NORRIS , barman, "Queen's Arms." Between 5 and 5.30 p.m. on March 1 Mrs. McNair came to the house and asked for her husband, but, as far as I know, she did not see him. She came again between 10.20 and 10.45. Prisoner was serving behind the same bar as I was. She started "nagging" and tantalising him and went on for about 10 minutes. He could not stand it any longer and took a revolver from his right-hand side and fired it at her head. He ran out and his wife threw a glass of beer at him, which hit him on the back.
I heard two more reports and I ran out after him. He said to me, "Can you square me out of this?" I did not see what happened after that.
Cross-examined. I was four bars away from prisoner; it is all one bar, but there are partitions on the other side of the counter. We were very slack at the time and I was standing waiting for orders. Prisoner asked her to go out of the bar and she refused.
Re-examined. I never heard him actually tell her to go out, but I could see by his expression that that was what he meant.
GEORGE ROBINSON , 21, Kilburn Park Road. Between 10.30 and 10.45 p.m. on March 1 I was in the "Queen's Arms" when I saw prisoner and his wife. The bar was very full at the time and she kept nagging him. She went out for two or three seconds and then she came back and started her usual performance. He went through the bar parlour and came back almost directly. I heard him say, "See that, you cow?" and I heard the report of a revolver. I did not actually see the revolver in prisoner's hand because he had his hand covering it. He pointed his hand at her slightly upwards. I saw blood running down his wife's dress. Prisoner left the bar with a revolver in his hand and I concluded he was going to do something to himself. I followed him. He came out of the scullery, and I said, "Mac, where is that revolver?" The constable took it from him, and we found he had shot himself in'the head. He said, "I am sorry, but I am tired of the life I am leading," or words to that effect.
Cross-examined. Prisoner said that when somebody had said that his wife had been hurt. She had been annoying him in the public-house on more than one occasion. He was trying on this occasion to get her to go out.
Re-examined. There would be about a foot between them when the shot was fired.
Police-constable EDWARD SNELGROVE. 595 S. At 10.45 p.m. on March 1 I was called into the "Queen's Arms" with Police-constable 135 S. I went into the back yard. Prisoner was standing in the scullery with a revolver in his hand. He was bleeding from the fore-head. I took the revolver away from him. He said, "You do not know what I have got to put up with from her." Mrs. McNair came into the kitchen holding a bloodstained handkerchief to the left side of her face. She went to clasp prisoner round the neck, saying, "Oh, my husband, what have you done?" The revolver contained one live and three spent cartridges.
WILFRED MAYNARD DAVIES , M.D., 203, Maida Vale, W. At 11 p.m. on March 1 I was called to the "Queen's Arms" where I saw Mrs. McNair. She had a wound in the left cheek about the level of the lower jaw which passed a little upwards and backwards towards another wound which was in the neck apparently in the line of the direction of the first wound and meeting it. They were such as could be caused by cartridges from this revolver, which is quite a cheap one. She smelt of liquor; she was decidedly drunk. I sent her to the hospital. Prisoner had a wound in the forehead crossing the scalp; the bullet had gone in at one end and come out at the
other; it had just gone underneath the skin. It was such a wound that could be caused by the same cartridges. Judging by the blackening round the wound on Mrs. McNair's face the shot must have been fired at a distance of 6 to 12 in.; that is the result of the experiments I have made with the revolver. It requires a 20 1b. pressure to cock it and to fire it a 9 to 10 lb. pressure.
Cross-examined. The wounds were not serious and the woman has completely recovered.
ALBERT WEBB , 135 S. I went with, Police-constable Snelgrove on March 1 to the "Queen's Arms." The doctor asked me as he was dressing prisoner's wound if I had found a bullet mark in the scullery. I said "No," and prisoner said, "I did it outside—not here."
ARTHUR MCNAIR (prisoner, on oath). I have had the revolver in my possession 10 years. I kept it at home, but about two years ago I kept it at the "Queen's Arms," owing to a burglary we had there. The day before this happened I discharged it and cleaned it. My wife came in under the influence of drink and started abusing me. I did not want my employer to know I was a married man and I begged her to go away, but she would not go. I got the revolver with the idea of frightening her. I showed it to her saying, "See this? "I had forgotten that I had recharged it the night before. It went off and injured her. I was so upset that I went into the yard and turned it on myself. I maintained my wife and went home to her every day in my rest time. I had been home that day. I had had no trouble with her.
Cross-examined. I kept the revolver at the foot of the cellar stairs, close to the entrance to the bar. We have had words together in the public-house before this. We have not had trouble at home. I have not threatened her. I was so much upset that I do not know what I said to the constables at the time. I did not deliberately point the revolver at her.
Re-examined. When I left her that day I was on good terms with her. She was sober.
Verdict, Guilty of unlawful wounding, under great provocation.
The indictment charging prisoner with attempting to commit suicide was not proceeded with. It was stated that prisoner and his wife lived on very bad terms, and that on two occasions she had sought police protection, alleging that prisoner had threatened to shoot her. The wife was a woman of bad habits. Prisoner had been one month in prison.
Prisoner was released in his own recognisances in the sum of £50 to come up for judgment if called upon.
Mr. Bodkin, for the prosecution, offered no evidence, and a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Thursday, March 30.)
BRUNNER, Antoine (63, interpreter) , on March 6, 1911, unlawfully contriving and intending to deceive one William Lee, the Superintendent Registrar of Births, Deaths and Marriages for the Westminster District, and to obtain for one Johann Jacob Willems a license for the marriage of the said Johann Jacob Willems with one Anna Maria Bracht, did unlawfully, knowingly, and designedly make a certain false statement to one William George Collard (a clerk of the said Superintendent Registrar), to wit, a statement that the said Johann Jacob Willems and Anna Maria Bracht had resided at the Hotel de l'Europe, Leicester Square, for 16 days, and did unlawfully attempt to obtain from the said William Lee a license for the said marriage by means of the said false statement in fraud and violation of the Marriage Acts, 1811 to 1898, and to the great prejudice of the liege subjects of Our Lord the King; on March 6, 1911, unlawfully did incite and attempt to incite the said Johann Jacob Willems to commit a certain misdemeanour, to wit, unlawfully, wilfully, and knowingly to make a certain false declaration required by the Marriage Act, 1856 (19 and 20 Viet., c. 119) for the purpose of procuring a marriage between him the said Johann Jacob Willems and the said Anna Maria Bracht; on March 6, 1911, did unlawfully aid, abet, counsel and procure the commission by the said Johann Jacob Willems of the misdemeanour of unlawfully and wilfully making and signing a certain false declaration for the purpose of procuring a marriage under the provisions of the Marriage and Registration Act, 1856.
Mr. Graham-Campbell prosecuted; Mr. Purcell appeared for prisoner.
Prisoner pleaded guilty to all counts excepting those for aiding and abetting and making false statements and declarations, which plea was accepted by the prosecution.
The Recorder remarked that as the Magistrate had dismissed the charge against Willems, the principal, he doubted whether the counts for aiding and abetting could be maintained, but as no question had been raised and the prisoner had pleaded guilty to them, and as he had undoubtedly committed a common law misdemeanour, probably no difficulty would arise. He desired to associate himself fully with the view expressed by the Common Serjeant in the very similar case of R. v. Rudolph Martin (see p. 25).
Sentence, on each count,Six months' hard labour; to run concurrently.
GORDON, George Stanley (26, vocalist), NEVILLE, Charles (21, artist), and WISE, Edward Walter (18, music-hall artist), pleaded guilty of stealing one watch, one ring and other articles, the goods of Florence Louisa Hayton, and one bracelet, one ring and other articles, the goods of Ethel Maud Horn; stealing one typewriter and other articles, the goods of George Cooper; stealing one pair of boots and skates and one dressing gown, the goods of Miss Montrose, and one coat, the goods of Walter Alfred Miller; Neville and Wise, stealing one ring, the goods of Frances Cobley, and two rings, the goods of Edith Hamilton Cobley.
Gordon confessed to having been convicted at Westminster on June 22, 1910, in the name of George Arthur Edwards, receiving six months' hard labour for larceny, after a previous conviction. The three prisoners were stated to have committed a large number of roberies from boarding houses during the past three or four months.
Sentence: Gordon, 20 months' hard labour; Neville and Wise, sentence postponed till next Sessions for report as to whether they are-suitable for Borstal treatment.
SULLIVAN. Daniel (51, laboured), and ROBINSON. Alfred (28, painter) , both breaking and entering St. Augustine's Church and stealing therein seven vases and other articles, the goods of Percy White Collard and others; Sullivan, assaulting Arthur Burchell, constable of the Metropolitan Police, in the execution of his duty; Robinson, assaulting Mark Thompson, a constable of the Metropolitan Police, in the execution of his duty.
Both prisoners pleaded guilty of breaking and entering and robbery, which plea was accepted by the prosecution.
Sullivan confessed to having been convicted at Newington Sessions on January 13, 1909, receiving 18 months' hard labour for possessing house-breaking instruments by night. 14 other convictions commencing 1901 were proved and also 14 convictions for drunkenness and assault.
Robinson confessed to having been convicted at Lambeth on Octo-ber 13,1905, as a suspected person, when he was bound over; stated to have been since leading an honest life.
Sentence: Sullivan, Five years' penal servitude; Robinson, Nine months' hard labour.
Mr. Seymour Leet prosecuted.
DAVID WALTER SANDERSON , High Road, Willesden, stationer. I knew prisoner as employed by Ramsden, Frisby and Lane, 10 and 11, Austin Friars, E.C. On February 11 he came to me with an order for 200 private cards and to have the address on the name plate altered.
Then he handed me crossed cheque (produced) signed "Carpenter and Co." for £2 15s. 6d. and said would I oblige him by exchanging cheques. I gave him my open cheque for the amount, paid his cheque into my bank, and it was returned marked "R/D." I went to Rams-den, Frisby and Lane's office and found he left there two months before. I tent prisoner registered letter stating in the event of the matter not being settled the next day I should take steps to recover same. I received prisoner's letter stating that he much regretted the annoyance and asking me to hold the cheaque till he called. He called on the Monday, but I did not see him, and he wrote from Thames Ditton stating that he had been unable to see his friend and would clear the matter up the next day. I had another letter saying that he was ill and would settle it on Thursday and a telegram stating it would be settled "This afternoon." On February 18 he again apologised for delay. The cheque has not been paid. I should not have given him my cheque in exchange but that I believed he had a real account.
CHARLES HART , manager to W. B. Palmer, High Street, Thames Ditton, butcher. On February 18 at 3 p.m. prisoner ordered a leg of mutton and then said, "Cash me this little cheque and I will pay you," handing me cheque (produced) for £3 10s. Thinking that he was respectable and that I was getting a new customer I handed him the £3 10s. and he then paid for the mutton, 5a. 5 1/2 d.; the checque was sent to the bank and on February 22 returned marked "R/D." The mutton had been sent to his address, Western Road, Thames Ditton. I sent to the house but did not succeed in seeing the prisoner and then communicated with the police, having heard of his arrest. I afterwards received a letter stating that the money should be paid and regretting that Sanderson had acted so precipitately.
FREDERICK HECTOR DICKINSON , clerk to London and South-Western Bank. I produce cerified copy of the prisoner's account trading as Carpenter and Company commencing on December 24, 1910, with a credit of £20. On January 19 prisoner asked us to honour two cheques which would overdraw his account about £5; that was agreed to, and his account was then in debit £4 15s. 8d. Cheques in favour of Sanderson and Hart had been dishonoured. No authority has been given to prisoner to further overdraw his account. Detective FREDERICK HAYWARD, City. On February 24 at 9.15 I saw prisoner in Southfields Road, Thames Ditton, and told him that I should arrest him on a warrant for obtaining £2 15s. by false pretences from D. W. Sanderson. He said, "I have written to Sanderson and arranged to pay the money." I conveyed him to Moor Lane Police Station where he was charged.
HERBERT CARPENTER (prisoner, on oath). When I gave Sanderson cheque for £2 15s. I had a promise of two specific sums of money on the following day, £25 and £17, which I was to receive from R. Kenneth, 135, Finsbury Pavement. I have been engaged for two
years up to Christmas, 1910, with Ramsden, Frisby and Lane, and left there through a slump in the rubber market with a good reference. I had six clerks under me and received £200 a year salary and a bonus of nearly £100. I had £100,000 through my hands during the last few months. At one time Kenneth had been my clerk; he was in business as a financial agent, I had entered into partnership with him and expected £25 through the flotation of a company in-volving £6,000 and £17 for a fur coat of mine, which Kenneth told me he had sold for that sum.
Cross-examined. Kenneth is not here. I have not been able to find him. I did not mention this before the magistrate—I told my solicitor.
Prisoner confessed to having been convicted on May 21, 1907, at Kingston-on-Thames, receiving six months' imprisonment in the second division on three indictments, for obtaining money by false cheques.
Sentence, Six months' hard labour.
BIGGS, Alfred (35, cook) , feloniously setting fire to a quantity of paper and a brush in a dwelling-house, certain persons being therein, to wit, Lewis Johnson and others; feloniously placing in the said dwelling-house a certain explosive substance, to wit, coal gas, with intent to do bodily injury to the said Lewis Johnson and others.
Mr. St. John McDonald prosecuted; Mr. Ernest Walsh defended.
Prisoner was tried on the first indictment, for setting fire to, etc. (24 & 25 Vict., c. 97, ss. 7 and 8).
Mr. Walsh objected to the first count, setting fire to certain materials and things "under such circumstances that if the building were thereby set fire to the offence would amount to felony" (Sec. 7). He submitted that under that section prisoner could not be indicted for setting fire to materials or things with intent to set fire to something else.
Held that the count was good.
LEWIS JOHNSON , 6, Vernon Place, Bloomsbury, restaurant keeper. On March 13 at 10 a.m. prisoner, who had been in my employment about a month as porter, was ordered by me to clean some glasses. He said it was not his work, although he had done it before, and I dismissed him. He had been drinking, became obstreperous, and struck me. I had to call a constable to eject him. I paid him 12s., the wages due. When the constable arrived prisoner went down-stairs to get his things, which were on pegs outside the lavatory, re-mained downstairs about five minutes, and left. About five minutes afterwards smoke was noticed. I ran down and found that in the lavatory a quantity of paper and a brush was burning in the w.c. The chef threw a pail of water over it, I threw another, and we extinguished the fire. The fire brigade was summoned. There was no smell of tobacco. I was afterwards informed that prisoner called for something he had left.
Cross-examined. The lavatory was used only by the staff. The door was closed but not locked. The brush was about a yard from the door. I do not say that the wall could have caught alight. The firemen pointed out that the door had been slightly charred.
CARL VERNER , chef to prosecutor. On March 13 at 10.15 a.m. I saw prisoner in the basement—there was no one in the lavatory. About seven minutes after he went upstairs, I smelt smoke, went into the w.c., where I saw smoke and flame between the door and the seat. I threw a pail of water on it and put it out.
(Friday, March 31.)
Sergeant GEORGE EBSARY, E Division. On March 13 at 1.45 p.m. I arrested prisoner. He was hopelessly drunk. I put him in a taxicab and took him to Gray's Inn Road Police Station. On the way he became absolutely mad and in a state of delirium tremens. I stopped the cab, got the assistance of five uniformed officers, and conveyed him to the station. At about 5 p.m. he was brought from the cell into the charge room; I told him the charge, he said, "You have got me for something now. The old man might have paid me what he owed me. However, let him tell his story and I will tell mine." He was afterwards formally charged and made no reply. At 11 a.m. I examined prosecutor's premises, I found in the lavatory a quantity of burnt paper and brush (produced), partly burned. There were other brushes 3 ft. away. The door looked black, but I did not examine it closely.
FREDERICK MILES HENSON , fire brigade officer at Theobalds Road. On March 13 I was called by the police to a small fire at 6, Vernon Place. I found in the lavatory in the basement waste paper and a brush damaged by fire; a quantity of used matches were lying about. There was no smell of tobacco. There was about as much paper as a "Daily Telegraph" would consist of; it was about 12 in. from the door, which was very slightly charred.
ALFRED BIGGS (prisoner, not on oath). I wish to state that I was not in the lavatory after half-past eight the Sunday night previous and when I received my money, 12s., and after signing a paper to the effect that I received it I was asked to go downstairs for my things. I went downstairs into the scullery and was there about two minutes. During that time I was speaking to the chef. The master came down as I was speaking to the chef and putting my things on my shoulder, he said I must get off the premises. He pushed me, I lost my temper and attempted to strike him. He called for a policeman, who was standing in the shop at the time at the top of the stairs. The constable came down at once and the master said he wished to charge me with striking him. We then went into the kitchen and he asked the chef in his native language (French, I think) if he saw me strike him. The chef answered no. The constable was standing outside the scullery in the doorway at the time. There being no charge I left the premises by the shop door and went home. About an hour after-wards—11.30, I think it was—I asked the wife to go over and fetch my razor strop, which I had left behind, and told her to ask prosecutor why he had sacked me. After that I went on my way to Bow Street to get a summons for the rest of the money due to me. A
little way down Kingsway I asked the wife if she had got my razor strop which I had sent her for. Her answer being "No," we went back and I went in to fetch my strop when the master must have seen me. The waiter told me there was a warrant for my arrest. I asked him what for, but cannot remember exactly what he said, so I came out of the restaurant and started for Bow Street again, but in the neighbourhood I am sorry to say I got too much to drink. I do not remember any more until I woke in my cell at Gray's Inn Road Police Station. I am entirely innocent of the charge brought against me.
Verdict, "We find the prisoner guilty of setting alight to the paper, but not of maliciously intending to damage."
In reply to the Recorder, the jury stated that they considered prisoner was so drunk that he did not know what he was doing. A verdict of Not guilty was entered, and prisoner was discharged with a caution.
BEFORE THE COMMON SERJEANT.
(Thursday, March 30.)
Mr. Wilkinson prosecuted.
Detective JAMES CHANDLER, G Division. At 10 a.m. on March 3 I was in Hoxton Street, Hoxton, with Detective Newin and we saw prisoner there. His movements were very suspicious, so I spoke to him. He said, "Do you mind me speaking to my old woman? She is standing a little way up the road." I said, "Certainly," and we went with him towards the woman. Prisoner spoke to her and while they were talking someone brought out a glass of beer to him. It was just outside a public-house. Prisoner said to the woman, "They are going to take me down"; he then suddenly dropped the glass of beer on the ground and darted away. We chased him about a quarter of a mile and he ran into Messrs. Batey's, mineral water manufacturers, yard in Canal Road. Newin was in front of me and as I followed into the yard he was bringing prisoner out of a wheelwright's shed there. I heard someone say, "There is some coin down here." I took prisoner back into the shed and saw Newin pick up the four counterfeit florins now produced. I told prisoner, "I shall take you to the station for possessing these." He said, "I know nothing about them." I searched him at once and found a halfpenny in his waistcoat pocket. We took him to the station and charged him; he made no reply.
Cross-examined by prisoner. When I first spoke to you I did say I was going to take you to the station on suspicion of stealing a lady's handbag, which had happened some time previously. That was before you ran away and before I knew you had any coin on you.
SIDNEY JAMES BRIGHT , wheelwright at Batey and Co.'s, Canal Road. Between 10 and 11 a.m. on March 3 prisoner ran into the shed where I was at work, followed by Newin; as he went by my bench he threw out his hand and I heard something like metal fall. I then saw some coins on the ground and called Newin's attention to them.
Detective JOHN NEWIN, 6 Division. I arrested prisoner and handed him over to Chandler. Just before that I saw him extend his arm as if he was throwing something down in the shed and afterwards these four coins (produced) were pointed out to me by Bright and I picked them up. Prisoner said, "I know nothing about them."
To prisoner. I afterwards searched the place where you lived. I saw a board there covered with green baize, such as is used in gambling houses. I cannot say that you had a gambling den at your house, but the woman you were living with at that house if a boxmaker and when we pointed out the table to her she said, "That it what we use for making the boxes on."
HENRY PAYNE (prisoner, not on oath). For the last three months I have had a gambling den in my place and during the course of play I took these four coins; as I thought I knew who had given them to me I put them in my pocket to give them back to the man and get good money for them; as I came out of my house the two detectives arrested me.
Prisoner had a very bad record. This was his first conviction for coining, but there were many convictions for larceny and assault; he was an associate of convicted thieves.
Sentence, Three years' penal servitude.
Mr. Wilkinson prosecuted.
ARTHUR BRAN , tobacconist, Brook Street, Ratcliff. About 5 p.m. on March 14 prisoner came in and asked for a packet of Woodbines, 1d. He gave me a 2s. piece and I gave him the change and he left the shop. The coin produced is the one. On examining the coin I found it was bad and followed prisoner into Mrs. Stannard's shop. I asked him for my change back. He said he would give me a shilling and go and get me the other. I told him that would not do and I shut the door and kept him there until a constable came.
ELEANOR STANNARD . My father keeps a tobacconist's shop at 27, White Horse Street, Ratcliff. About 5.30 on March 14 prisoner came in and asked for a packet of Woodbines, 1d., and gave me a 2s. piece. I did not like the look of it and called to my mother to come and give me a shilling to give change. Prisoner said, "It does not matter about the shillings; coppers will do. Then Mr. Bran came in and my mother sent me for a policeman. The coin produced is the one.
Police-constable ALFRED ATKINS, 42 H. I was called to Mrs. Stannard's shop and there saw prisoner detained by Mr. Bran, Miss Stannard
showed me a coin and Mr. Bran another. I tried them and found them both bad. They said they had got them from prisoner. I asked prisoner if he could give any account of where he got them from and he said, "I do not know." I searched him in the shop and found one good shilling in his trousers' pocket. I took him to the police station and searched him again there after he was charged, but found nothing else on him. He said, "This is my first day at this game; I do not care what I get."
DAVID WOOD (prisoner, on oath). On the day I was arrested I was standing at the bottom of Leman Street when a fellow came up to me whom I only knew by sight and asked me to go for a walk with him. After we had walked for some time he gave me a 2s. piece and asked me to get him a packet of Woodbines. I went across the road into Bran's shop and asked for a packet of Woodbines. I gave him the 2s. piece and he gave me the Woodbines and 1s. 11d. change. On coming out of the shop I handed over the cigarettes and the 1s. 11d. change to the fellow. He then gave me another 2s. piece and told me to get something to eat and meet him in two hours' time, when I could give him the change. He also said he could find me a job at £2 a week. I then went into Stannard's shop for a packet of Woodbines for myself and then Bran came in and told me the coin I had given him was bad. I did not know it was bad and I said I could see I had been caught in doing other people's dirty work.
Cross-examined. I had seen the man before, but never spoke to him. When searched, I did say to the policeman it was my first day at that game; I also said, "I do not care what I get," but I was not thinking or troubling about what I was saying.
Several previous convictions were proved.
Sentence, Nine months' hard labour.
NELLIE DAY , manageress, Aerated Bread Company, 454, Strand. On March 17, about 2.40, prisoner came into the shop and asked for a bar of chocolate, 1d. He tendered a two-shilling piece, which was bad. I put it in a tester and broke it. Exhibit 1 now produced is the coin. I told prisoner it was bad. He said it was not and added, "Don't be silly and trump up a case against me." In the meantime I had sent across to our depot at 114, Strand, for the cashier, Annie Lewis, to come over. When she came she said in prisoner's presence, "That is the man who gave me a bad two-shilling piece just now." He said, "I have not been there." I then sent for a policeman and prisoner said, "Give me another chance."
Police-constable ALFRED TYLER, 307 E. I went to the depot of last witness, who gave prisoner in custody for attempting to pass a bad two-shilling piece. He said, "Don't be silly; you have brothers of your own." I took him to the station and searched him, but found no money of any kind. In reply to the charge he said, "You cannot charge me with this; I only had one coin on me."
Cross-examined by prisoner. You did not say at the station that you did not know the coin was bad.
ANNIE LEWIS , cashier, Aerated Bread Company, 114, Strand. At about 2.30 on March 17 prisoner tendered a two-shilling piece to me in payment of a penny check. The coin was bad. Exhibit 2 produced is the one. I asked prisoner where he got it and he said something about in the City.
To prisoner. I am quite sure you are the man.
BERTHA CASS , cashier, Aerated Bread Company, 6, Southampton Row. On March 16, about 5 p.m., prisoner bought a penny bar of chocolate in our depot and tendered me a bad two-shilling piece. I gave it back to him and he said he was sorry and gave me a good half-crown. The following day prisoner again came to the shop for a bar of chocolate and tendered a two-shilling piece. It was bad. I broke it in two and gave him the pieces and he returned the chocolate and ran out of the shop.
To prisoner. I have no doubt you are the man.
JULIA SAMUEL , cashier, Lyons' dept, 24, Aldgate. On March 16 about 1.30 prisoner came into our shop and asked for a penny bar of chocolate. He tendered a two-shilling piece and I gave him the change and he left. I then looked at the coin again and found it was bad. Exhibit 3, produced, is the one. On the day before prisoner was also in the shop and ordered a penny bar of chocolate and tendered a two-shilling piece on that occasion. He came in on the 17th again and asked for a penny bar of chocolate. I rang for the manageress, who asked prisoner, "Were you in here yesterday, because we took a bad two-shilling piece." He said no and walked out of the shop.
To prisoner. I am sure you are the man.
ROSE FORRESTER , cashier, Aerated Bread Company, 137, High Holborn. On March 16, between 4 and 5 p.m., prisoner came into the shop and asked for a penny bar of chocolate and tendered a two-shilling piece which was bad. I gave it to him back and he said, "It was given to me," and went out.
To prisoner. I am sure you are the man.
Prisoner confessed to a previous conviction for coining and many others were proved.
Sentence, Four years' penal servitude.
GREEN, George (32, silversmith) , feloniously possessing one mould upon which was impressed the obverse and reverse sides of a florin, and two moulds upon which was impressed the obverse and reverse sides of a shilling.
Mr. Wilkinson prosecuted; Mr. St. John Morrow defended. Inspector GEORGE WALLIS, S Division. Medical evidence having been given that this witness was unable to be present, his deposition at the police court was read. The officer stated that in the room at 12, Little Drummond Street, Somers Town, occupied by Mills, he found in a chest three moulds, a polishing pad, four strips of solder, one wire coin holder, a file, two bottles containing liquid, three coin holders, a card holder, and a quantity of copper wire. One of the moulds was for making florins and the ther two for making shillings. When prisoner was arrested he said, "I do not know what you are talking about; I know nothing about it; if Mills says that Pearce came to the house with me I shall call Pearce as a witness to disprove it."
Sergeant WILLIAM HEXMAN, X Division. I went with Inspector Wallis about 7.30 p.m. on January 12 to 12, Little Drummond Street, and searched the back room on the ground floor. In a cupboard I found this plaster of paris, Exhibit 18, and on the top of the cupboard these two bottles containing liquid, Exhibit 16 and 17, and also a small tin and a packet containing antimony. I also found the spoon now produced, which is black and scraped.
Cross-examined. None of the things I have referred to were found in prisoner's house. They were all found in the lodgings of a man named Mills, who was charged with being in the possession of six counterfeit shillings and convicted at this court in February last (see page 345). When prisoner was arrested he denied all knowledge of the matter.
Re-examined. Mills was charged with being in possession of these moulds, but was acquitted.
GEORGE WILLIAM MILLS . In January last I occupied the back room on the ground floor of 12, Little Drummond Street, with my wife and children. I was arrested on January 12 on a charge of uttering and while I was at the police station the police searched my room. I was also charged with being in the possession of a mould. I was acquitted of that charge on February 11, but convicted of uttering counterfeit coin and sentenced to 18 months' hard labour, which sentence I am now undergoing. I had known prisoner about three weeks before I was arrested. I have also known a man named George Pearce for about two years. He lived at Mrs. Pollard's, 12, Grove Road, Holloway. Pearce introduced me to Green at the "Peacock," Islington, and prisoner came to my house three or four times before January 12. He was living at 13, Sherringham Road, Barnsbury, he told me. The articles found by the police in my room were brought to me by prisoner just before Christmas. I answered the door when he came and he gave the things to me in a brown paper parcel and asked me to mind them for him, which I agreed to do. He said, "Be careful you don't let the wife or the children touch them bottles because there is poison in them." I put the parcel in the chest where the police
found it, and then went out with Green and had a drink at the "Royal George." Some time afterwards I found that the plaster of paris was coming out of the parcel and making a mess over my collars and ties in the chest, so I opened the parcel and took the plaster of paris out and put it in the cupboard. There was a small tin box and an envelope sealed up and eight shillings in the parcel. I took six of the shillings and put them in my pocket, and that same day, after having been out all day and having had some drink, I put one of these shillings down by mistake and was charged with uttering and taken to Albany Street Police Station. The police, after coming back from my house, showed me a parcel. It was the same parcel that was brought to me by prisoner. They showed me three moulds in it. I never remember prisoner ever having anything to eat in my house. When prisoner told me where he lived he said, "I have to get out of there because the police are after me. I do not know whether it is for one thing or the other." He did not tell me what he meant by that. He told me this one evening when he came round and said, "Come up and have a drink at the 'George'; I want to have a chat with you." I do not remember the exact date, but this was after he brought the parcel. He also said, "You do not mind looking after that parcel; it is not in your way."
Cross-examined. I have always said that prisoner came to my house three or four times, not once or twice. I should think it would be December 20 when prisoner brought the parcel. It did not strike me as strange that a man I had only known three weeks should ask me to mind a parcel for him, because it was Pearce I did it for. I have known Pearce for two years and Pearce said to me, "Would you mind a parcel for my friend Green," and I said certainly, and he introduced me to Green and Green himself asked me if I would mind the parcel for him. It was the next time he came to see me that he told me the police were after him. I knew he was a silversmith, and I thought the things in the parcel were in connection with his work. I had no hesitation in taking the things and the bottles of poison because I put them away for safety out of reach of my wife and children. I took the shillings out of the parcel purposely to see if I could find Green, and I went up to the "Angel" to look for him to ask him for an explanation. I only took six of the eight shillings because two of them looked bent and dirty and I threw them back. A few days after my trial the Governor of Wormwood Scrubbs Prison sent for me to come to the office and asked me if I would go as a witness in the case of George Green and I said I would. I afterwards made a statement which was written down and I signed it. I remember prisoner telling me that he had got a job at New Cross.
ANNIE MILLS , wife of last witness. Prisoner used to call at our house often. He came just before Christmas for the first time and brought a large brown paper parcel with him. He did not come inside the room. He asked my husband to mind it for him as he was in trouble. He also took out of his pockets the two large bottles (produced) and said I was not to touch them or let the children touch
them as they contained poison. My husband put them in a wooden chest, and he and Green then went out together. The parcel and the bottles remained in the chest until the police came on January 12. On that day my husband had gone to the chest to get a handkerchief out. On the day I gave evidence at the police court in my husband's case Green spoke to me and said that the police had been to his house the night before and made a search and that he had to appear at Clerkenwell next morning. He told me if I would say the same as he was going to say, that he denied everything, that he would look after me in the way of money. I said I should not think of saying such a thing, as my husband was in prison in his place.
Cross-examined. My husband was always present when Green came. I know Green had dinner at our place once, and he might have had a cup of tea if there was anything on the table when he called.
(Friday, March 31.)
MARTIN PRICE , grocer, 13, Sherringham Road, Barnsbury. Prisoner occupied the top floor of my house from September till the first week in January. The police began making inquiries about him on December 3.
Sergeant TOM TANNER, L Division. On December 2 I commenced to keep observation on 13, Sherringham Road; I saw prisoner leave the house at 5.30 p.m. on that day and did not see him there again.
MARTHA REYNOLDS . I am the owner of 12, Little Drummond Street. About the end of October I let the back room on the ground floor to Mills. Prisoner used to call there. I saw prisoner in the corridors here during Mills's trial in February last.
Prisoner's statement before the magistrate: "I have seen Mills several times in a public-house; I went home there once or twice to dinner while we were half drunk."
GEORGE GREEN (prisoner, on oath). It is not true that I asked Mrs. Mills to give false evidence at the last trial. I first met Mills about December. His evidence as to my going to his house and leaving a parcel of bottles there is false. At the time I was employed by Mr. Frank at 142, New Cross Road; I used to leave home (9, Dorinder Street, Barnsbury) about 6 a.m. and return about 9 p.m. I swear that in the week before Christmas I was continuously away from my home during these hours. (Witness gave particulars of places at which he was employed before he went to Frank.) I have never been con-victed of any offence.
Cross-examined. When I saw Mrs. Mills outside the Court last time I asked her why I had been told to attend; she said, "George says you brought the things to our house"; I said he had no right to say that and that it would get me into trouble. She said she was very hard up and would have to go back to her old home in Winchester, and asked me to lend her a few shillings towards her fare. I swear that I was not in the "Peacock," at Islington, on December 3 at midday, I was not at 13, Sherringham Road, on the 2nd at 5.30 p.m.
Sergeant TANNER, recalled, said he was positive he saw prisoner leave 13, Sherringham Road, at 5.30 on the 2nd.
Detective-sergeant THOMAS POWELL, Y Division. I saw prisoner in the "Peacock" on December 3 about midday. I saw him on several occasions during December in the afternoon.
At the conclusion of the summing-up the jury suggested that Frank, the employer referred to in the prisoner's evidence, should be sent for to confirm or deny the statement that prisoner was at work every day during the last week in December. The case was adjourned for Frank's attendance.
(Saturday, April 1.)
AUGUSTUS FRANK , of Frank and Company, 452, New Cross Road. I make umbrellas and employ six or eight workmen. Towards the end of last November a man named Challice, who had been in my employ about two years, recommended prisoner to me and I employed him on piece work. He used to arrive at 8 a.m.; he would have to leave his home about 6.30 to do so. He would work all day, with the exception of the dinner and tea intervals, till about 8.15 p.m. I was exceedingly busy the week before Christmas, and the men, including prisoner, sometimes worked till 9. Prisoner would take between 1 and 2 for dinner and between 5 and 5.30 for tea, and he was invariably regular in coming back. I generally gave prisoner silver for mounting, and there was never any difficulty in his accounting for what he had had. He had an excellent character.
Cross-examined. He started in my employ on November 26. He must have been working for me between December 1 and 24; I would have noticed it if he had not been. At times the men have to wait for a job, but it would not be for long; they would either stay on the premises or go out to tea.
Verdict, Not guilty.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Friday, March 31.)
Mr. Bodkin, Mr. Graham-Campbell, and Mr. Roome prosecuted; Mr. Curtis Bennett defended.
EVA HILL , 88, Chapman Road, Hackney Wick. I have been married to prisoner fifteen years; I have five children, of which the youngest is three years old. We were at the beginning of last year living at 20, Brookfield Road, subletting a portion of it. We were on good terms. Prisoner's niece and her husband, Mr. and Mrs. Matthews, lived at Shillington, and his sister, Mrs. Burnage, lived at Church Street, Shillington. Last May I had to go into the infirmary and I took my baby, who was then five months old, with me; it has since died. I left the other five children at home in charge of one of the lodgers. On the August Bank Holiday prisoner took Willie and Alfred to Mrs. Burnage. Rosie and Florrie went down afterwards. Willie and Florrie came back in September. Prisoner was getting about 31s. 6d. a week and he also used to earn 15s. a week by working on Saturday nights at Lloyd's printing office. I was discharged from the infirmary about the second week in September. Mabel Merritt came to meet me; I had seen her for the first two or three weeks before when she came to see me. She told me she was living at my home when I saw her first. My husband said he was pleased to see me home. The next day he asked me if I had made up my mind to live at Shillington. I said I did not want to do that and asked him what he was going to do. He said he would go into a back room. I said I did not care about doing that as the children would not see their father more than once or twice a year. He said he could not keep the house on any longer; that he had got no money and there were the rates and taxes coming along and something would have to be done. We were getting 12s. 6d. a week from the lodgers then. The rent was £30 a year and rates and taxes. We had been in the house two years, and most of the time we had had lodgers. I told him he could not have his money and spend it too; thai he had taken Mabel to different places of entertainment, such as "The White City," and that I had not had his money. He said, "If that is what you think of me, then, I am done. Mabel Merritt stopped till September 27. I went to the station with her and prisoner to see her home. At Victoria Park Station I could see I was not wanted and left while he went on with her to Paddington Station. He returned at 1 a.m. I never received the postcard that Merritt said he was going to send me saying she had arrived home all right. My husband rarely spoke to me after this. Somebody told me that Merritt was living in a furnished room at Victoria Park Road and about a week after she was supposed to have left for her home I went and saw her there. I did not speak to prisoner about it, but on the following Sunday I and my little boy saw him and her go towards this house. He took a portion of my furniture away, saying that it was going to be sold for rates and taxes; but I found that it was used to furnish rooms for Merritt in Ellingfort Road; I did not actually see it there, but I was told so. In the middle of October we moved from Brookfield Road with three of the children to 43, Cheviot Street. He only stopped one night there and then left me for good.
On November 1 I got a separation order from him; it was ordered that he should give me 12s. a week and I was to have the custody of the children. I lived there three weeks and then went to my present address. I used to go down every Saturday to the wharf to get my 12s. from prisoner. I used to get 2s. 6d. a week for cleaning the offices at where he worked. On the afternoon of January 30 I saw him and on the evening of that day I saw him at Broad Street Station. We went from there to King's Cross. Nothing was said on the way about the children. He gave me no reason for going there. It was about 5.45 p.m. when we got there. He said, "What say if we go down home and fetch the children?" I was surprised) and said we could not travel dressed as we were in our old clothes, and that we could not fetch the children out of bed on a night like that was. He said nobody would see our old clothes. I said I would not go, but that I would save sufficient money and go down later to fetch them. He said I had lost a good chance, and I said I would lose it. We then went to Shoreditch, where he left me. I went home. On that night I wrote either to Mrs. Burnage or Mrs. Matthews, and on February 1 got a reply. I took it down to prisoner at about 9.30 on the following morning and told him that Flo had written to say that they were all coming to King's Cross on the Saturday and she would bring the children with her and would I meet her; she was going to South Wales. He said, "I don't care what you do. Do as you like." About 3 p.m. I received this note (Exhibit 2) from him, delivered by a workman: "I have been thinking it would be best for you to go down and fetch little Alfie, as it is so cold; he will want wrapping up well. If you care to see me to-night about a quarter past five I will see what can be done.—George. You will have plenty of time to let them know." I met him at 5.30 p.m. and arranged to meet him on the following morning at the works, when he would give me my fare. At 8.15 a.m. I met him and he gave me 12s. He said he would have to go to the other yard with a load and he would see me at Broad Street. I asked him what he wanted to come for, and he said he might as well "pop" across to see me off as he had a load filling near there. He told me the train went at 10.35 a.m. Broad Street would be on my way to King's Cross. I went to Broad Street, and not seeing him there went on to King's Cross, where I met him. He said, "I thought I told you to meet me at Broad Street." I said, "I had plenty of time, so I came a little earlier" We went and had a drink at a public-house outside the station. We went back to the platform, where we saw the train. We came to an empty carriage with the door open, and he asked me if I was going in there. I said I was not going into an empty carriage but that I was going into a carnage where I saw a nurse. Just as I was getting in the train he handed me a bottle and said, "Here is a drop of gin for you." I said, "Oh, you have thought of me, then?" He said, "If you do not care to drink it in front of those people drink it in the tunnel." I said, "If I want to drink it I don't mind who sees me drink it." I put it in my bag as he gave it to me. I was met at Hitchin and driven to Shillington. I hung the bag up behind the parlour door in Mrs.
Burnage's house. Soon after nine on the following morning we all came up to town. I had not touched the gin, which was still in my bag. We arrived at 12 a.m., and I left Rosie with the Matthews and took Alfred home. About 1.30 I took him with me to see prisoner at the works. I asked prisoner whether he was going to kiss him, and he kissed him. I said, "A nice thing for him when he wakes up in the morning to see no dada. What shall I tell him?" He said he would see him to-morrow. He gave me my 12s. I had my bag in my hand all this time. I went home and put it on a chest of drawers. I then went to do the offices and returned home again about 4 p.m. At tea time, thinking I would have a drop of gin in my tea, I took the bottle from the bag and took the paper off it. It looked rather misty, and I thought that it looked funny. I just tasted it and it burnt my tongue and made me choke. I ran downstairs to the landlady, Mrs. Hall, who tasted it. It burnt her throat also. She took it to a chemist. On her return she gave it to me. At 8 p.m. I took it to the police-station. They gave me some instructions there. This is the bottle (Exhibit 3); it bears the name "R. Metz." When I took it out of the bag it was almost full; it seemed a little cloudy as it is now. The piece of paper round the bottle had big words on it like this piece (Exhibit 4); it is not the actual piece; I took that to the station, and they afterwards said they could not find it. As a result of tasting the gin I also had pains in my inside. I met prisoner on the next Tuesday underneath Victoria Park railway station. He said "Hulloa, where are you going" I said, "I am going to take Alfie in the Park for half an hour." He said, "Oh, all right; good-bye," and went away. I was at the police-court on the 11th, when he was allowed bail. On the following morning, Sunday, I was doing my work at the offices when he came in. He said, "What are you doing here?" I said, "I have come to do the offices." He said, "Are you in a hurry?" and I said, "No, not particular." He said, "A nice thing you've done for me, haven't you?" I said, "I don't think I have done wrong by taking it to the police station." He said, "You had better go home and see what you can think to do." I said, "What can I do?" and he said, "Well, its only you and you alone can save me." I said, "How can I?" He said, "One word from you will save me." I said, "What is that one word?" He said, "I don't know. I daren't say. You could bring it up in the evidence, and it will get me hung. You know if one-half a grain corresponds with those bottles what is in Mr. Baker's office I don't stand half a chance." I said, "If you have never touched those bottles you can go to the court with a clear conscience the same as I can. If you did not put it in, who did? It did not grow there. If you did not put it in, Big Alf must have put it in." He said, "For goodness sake, don't say that." I said, "Do you want me to say that I put it in?" and he said, "For goodness sake don't say that. You had better go home and think of what you can do."I said I did not know Mr. Baker had any poisonous things in his office, and he said, "Oh, he has got one or two bottles of some sort or another." I never noticed any bottles in Mr. Baker's office.
Cross-examined. It was only after the appearance of Merritt that I commenced to have differences with prisoner. I felt very angry with him, because instead of coming to see me in the infirmary he took her about. I was annoyed with her also. My anger increased when I found they were living together. He paid me my 12s. a week regularly after the separation order, and although separated from him, he treated me kindly and sent such things as firewood to me. The only time he has treated me since the separation was the day before Christmas." Big Alf" generally brought me the firewood. My Alfie is pale and little for his age, but he has never suffered anything. I used to be on at him to have the children back from the country from November onwards, but the last few weeks before January 30 I dropped it as he took no notice. On February 3 I was still feeling very angry against him for his deserting me, and I was surprised at his paying me so much attention. A lady was seeing the nurse off. I am quite sure that I did not ask him, "Have you thought of me," before he handed me the gin. As far as I remember, there was a light in the carriage. My husband never used to take me out before Merritt came. When I met prisoner on the day I returned from Shillington our conversation was quite short and ordinary. The fact of the child not seeing his father at home made me realise still more how sad our separation was. The gin does not look quite so cloudy now as it did, but I can't hardly remember. Prisoner's attitude to me on February 7 was quite natural. I do not remember using threats against prisoner and Merritt; I remember saying that I would give her a good hiding if I got hold of her. (Mr. Curtis Bennett produced a number of letters, which Mr. Bodkin stated he would put in provided that they were the originals, and that the whole of each letter referred to was read. A letter dated October 10, and a postcard dated October 17, 1910, from witness to Mrs. Matthews was read). At the time of writing this letter and postcard I was dreadfully upset. When Bosie was down at Shillington her head got rather dirty, and in September I sent down a tin of something which I got from the chemist; I do not know if it was poison, or in what form it was. I remember, now that my letter is read to me, writing to Mrs. Matthews saying that it was poison. I do not remember the name of the stuff. I never opened the tin. I think my boy George got it. Pickering's was the name of the chemist. I wrote to Mrs. Matthews from Chapman Road, where I had been three months. I never touched the gin between prisoner giving it to me, and my taking it out of the bag.
Re-examined. The only other occasion on which I remember prisoner giving me gin was three years ago, when I had a bad miscarriage. The letter of October 10 represented my feeling; I was angry with Merritt and I wanted to get my husband back. I first made up my mind that I would not have him back again when I found that he had not sold my furniture when he said he had. Owing to my being ill, before I went into the infirmary, Rosie got nits into her head through being with dirty children. In December Mrs. Matthews wrote me about it and I sent the stuff. I believe I wrote the name of it on a piece of paper and gave it to the child to give to the chemist. I
remember now, it was Florrie who got it and George took it to his. father to tend down with some other things.
MABEL MERRITT , Bridge End, South Wales. I am a single woman and the half-sister of Mr. Matthews, who used to live at Shillington. In August I left there and came to live at 20, Brookfield Road, where prisoner was with his children. I had been there two weeks when Mrs. Hill returned from the infirmary; I left three weeks after. Before I left I went out with prisoner on one or two occasions for a walk; this was both before and after Mrs. Hill came. I left there and went to 3, Victoria Park Road, prisoner paying for my lodgings and keep. I stayed there three weeks; he visited ma once or twice. We both went to 21, Ellingfort Road, and lived there as man and wife. On January 29, I think it was, I told him that I was pregnant, and he said I had no need to worry and that it would be all right. On the Monday after the Thursday the prisoner left his wife we were out together and his wife met us and threatened she would swing for us both. He generally used to come in at 5.30 to 6 p.m. On the Monday before the Sunday on which I told him I was pregnant he said he would be in late. I used to see the letters that he got when I was living with him. He got no letters on February 3 or 4 at our address.
Cross-examined. Up to the time that I left Mrs. Hill's house my relations with prisoner had been quite proper. Mrs. Hill has threatened me three times; the first time she came to my furnished room and said, "I have not finished with you yet; I will swing for you before I have finished with you"; the second time she came to Ellingfort Road and said, "I will have my revenge on him, though I swung for you both." The last place we lived at together was 253, Victoria Road. On the third time she threatened us we were going across to the 'bus when she came up. Prisoner thought she had vitriol in her hand to throw at me and he pushed me in the 'bus. She said she hoped the 'bus would break down and kill us, and if not, she would have her revenge and swing for us both.
Re-examined. I did not want to keep prisoner from her. Her threats always ended in the same way." I will have my revenge on you and swing for you both." I went to South Wales three weeks ago.
ROBERT BAKER , manager, Snewin and Sons, Windsor Wharf, Hack ney Wick. At about 9.15 a.m. on February 3 prisoner asked leave to go out for a short time and I gave him leave. He went between 9.20 and 9.45 and returned at about 12. His wife cleans out the office. At the time I had a bottle of benzine there, but nothing in the nature of poison.
Cross-examined. During the time that prisoner has been employed by my firm he has been a most trusted servant. I saw him there on February 3 from about nine till 9.45, during which time he would not be alone at all. It would take 25 minutes to go from the wharf to Broad Street Station if you catch the train. He would have had to hurry if he left the office at 9.30 to arrive at King's Cross by 10.10. (To the Court.) The battle of benzine was kept in the lavatory close to the office—quite open.
ALFRED GIRLINO . I am employed at the Windsor Wharf, Hackney Wick, and prisoner is my foreman. When I went to work at 7 a.m. on February 3 I saw prisoner. At 8.30 he asked me to go to the coffee shop to get him some tea and a piece of cake, and he said, "As you pass 'The Victoria' get me half a quartern of gin in a bottle wrapped up in brown paper." He gave me 2s. or 2s. 6d. I bought the gin, which was put in a bottle like this (Exhibit 3), which was wrapped in brown paper. I took it to the office, where I saw prisoner between 8.45 and 8.50, and I gave it to him. He has never before asked me to buy gin for him. On the following morning I went to 88, Chapman Road, with a letter to his wife at his request. I saw the little boy, who took the letter indoors. After a minute or two he came out and handed it to me. I returned to the yard, gave prisoner the letter, and told him that his wife was not at home. He said, "Are you sure my wife is not at home?" I do not remember what answer I made. That is the only letter I can remember taking to Mrs. Hill. I have taken her firewood sometimes.
Cross-examined. I did not see the little boy. I did see him at the works. It was little Georgie. I have now and again fetched whiskey for prisoner. The bottle was still wrapped up in paper when I handed it to him. It was wrapped in brownish paper. He was by himself at the time.
Re-examined. He used to give me one of his own bottles to fetch the whiskey in.
ROBERT THORNTON , barman, "Victoria" public-house, 359, Wick Road, Hackney. I was in charge between 8 and 8.30 a.m. on February 3. Exhibit 3 is one of our bottles and Exhibit 4 is the paper we use to wrap them in. This paper would be cut in four to wrap up a half-Quartern bottle like Exhibit 3. No other paper would be used. We do occasionally wrap bottles in brown paper. A half-quartern of gin would not quite fill Exhibit 3. The gin comes from upstairs and is drawn from a tap into bottles, which are wrapped in paper and put in bins. The bar is locked up at night.
GEORGE WILLIAM HILL . I am 13, and live with my mother at 88, Chapman Road. On the morning of the day that mother came back from Shillington Alfred Girling called and gave me a note, which I took upstairs and read; it said, "I have just had a line from Flo about Rosie to say will you meet her at Paddington Station. I thought you had arranged it.—George." It mentioned some time when she was to meet her, but I do not remember it. I put it back in the envelope and handed it to Alf.
Cross-examined. I am giving the best of my recollection I can of the exact words in the note. I am not quite sure whether it men-tioned "Rosie."
FLORENCE MATTHEWS , wife of Charles Matthews, 35, Oddfellows Road, Bridge End, South Wales. On February 1 I was living at Shillington. Mrs. Hill's two children were staying with us. On February I wrote to her. I wrote at same time to prisoner, but I do not know whether it was before or after I wrote to Mrs. Hill; it was before she came down. Mrs. Hill arrived on February 3,
and on that night she and I stayed at Mrs. Burnage's house. Except for seeing her go to her bag, which was hanging on the parlour door, to get her purse, I never saw anybody go to it. I did not go to it myself.
To the Court. I cannot remember when I wrote to prisoner, because we were so busy packing up before coming away; I cannot remember whether I wrote before or after my packing.
Cross-examined. There are posts in and out of Shillington every day—one in the morning and one in the evening. I wrote to prisoner to ask him to come to Paddington, at between 12.30 and one, to meet me to see his daughter Rosie. I wrote it at my own home. I wrote it before I knew Mrs. Hill was coming down; I did not know that she was coming until the day she came; I had had a message from Mrs. Burnage that morning that she was coming. I had also written to Mrs. Hill to meet us at Kings Cross. I wrote to them both to meet us at different places as I knew they were separated.
ISABELLE BURNAGE , wife of Walter Burnage, Church Street, Shillington. Prisoner is my brother. About 12.20 p.m. Mrs. Hill came to my house; I did not know she was coming until that morning. The first time I noticed the bag she had was just before she went home on the 4th.
Cross-examined. The family knew that my daughter and her husband were moving from Shillington. They had their own children to look after, and it was of great assistance to have someone to look after prisoner's children. (To the Court.) The Matthews' children were both infants.
CHARLES MATTHEWS , baker, 35, Oddfellows Road, Bridgend. About 11.20 p.m. on February 3 I met Mrs. Hill at Hitchin Station and drove her to Mrs. Burnage'e house at Church Street, Shillington. All she had was a little black 'bag. She and my wife slept upstairs and Burnage and I slept in the parlour. I did not see where she hung her bag. I dad not touch it. I see her with it the next day. (To the Court.) We were sleeping at Burnage's house because our things had already been packed up.
ANNIE HALL , wife of George Hall, 88, Chapman Road. Mrs. Hill has been lodger about two months. At 4.30 p.m. on February 4 I was in the kitchen, when she came and asked me to go into the scullery. I did so. She showed me a bottle. I tasted the contents. They burnt my tongue and throat and afterwards I had severe pains in my inside. I spat out as much as I could. The top of my lip broke out. She gave me the bottle and I took it to Pickerings, the chemist. After I bad spoken to a young lady there I returned with the bottle and gave it back to Mrs. Hill. When she handed me the bottle originally I noticed she had a piece of paper like this (Exhibit 4) in her hand; it seemed a bit torn at the corner.
Cross-examined. Mrs. Hill returned from the country that day about 1 p.m. I saw her. She had been in half an hour when she came
and called me; I heard her come in juest before 4.30 p.m. I do not remember whether there was a fire in her room at the time.
Police-sergeant OHARLBS CLAYDEN, J Division. At 8.45 p.m. on February 4 Mrs. Hill gave me this bottle (Exhibit 4) at Victoria Park Police Station. I sealed the cork, labelled the bottle, and gave it to Osborn.
Cross-examined. No piece of paper was brought with it; I have never seen any. There was no other officer who could have received it from Mrs. Hill.
Police-constable CHARLES OSBORN, J Division. Sergeant Clayden handed me this bottle (Exhibit 3) on February 4. About 8 p.m. on February 7 I handed it to Sergeant Butters as I had received it.
RICHARD WILLIAM STARKIE , divisional surgeon, Somers Town. On February 8 Sergeant Butters handed me this bottle (Exhibit 3). I took from it eight to ten teaspoonsful of liquid. On analysing it I found cyanides which might have been potassium cyanide. I returned the bottle with what was left in it to Sergeant Butters on the 10th. On the same day it was handed back to me and on the 14th I gave it to Dr. Willcox.
FREDERICK HENRY WILLCOX , Senior Scientific Analyst to the Home Office. On February 14 I received from Dr. Starkie this bottle (Exhibit 3) containing eleven and a quarter teaspoonsful of liquid, which was slightly turbid. On analysing it I found it to be a mixture of gin and water containing twenty grains of cyanide of potassium in solution. This is the most powerful poison known, five grains being a fatal dose; there were six and a half fatal doses in the whole half quartern. A person tasting it would feel a burning sensation in the mouth and throat, and, if swallowed, some pain in the stomach. It would probably cause local excoriation of the skin. Death would occur probably within half an hour. This poison is used in engraving and electro-plating. If bought from a retail chemist the formalities of the Poisons Act have to be complied with, but wholesale chemists can sell it in large quantities without any signature being obtained.
Cross-examined. Any person can get it from a wholesale chemist in large or small quantities; I should think probably an ounce would have to be bought. Such a mixture as this would probably become more turbid after a time as a result of the action of the cyanide of potassium on the cork. The amount of turbidity would rather depend on the quality of the cork; the tendency to turbidity would be increased with a bad cork.
He-examined. The usual remedy for nits is mercurial ointment, which would be sold in either a tin, a pot, or a wooden box.
Further cross-examined. There are a number of other treatments which would be sold in a tin or pot. (To the Court) Cyanide of potassium would be a most dangerous thing to use.
Police-sergeant FREDERICK BUTTERS, Y Division. On February 8 1 handed this bottle (Exhibit 3), which I had received from Police-constable Osborn, to Dr. Starkie. At 7.15 a.m. on February 11 I stopped prisoner, who was leaving 253, Victoria Park Road, and told him I held a warrant lor his arrest. I read it to him and he said, "You do
surprise me. When was it?" I said, "On Friday, the 3rd inst., at King's Cross Station" He said: "I saw her on Saturday and Tuesday last and she made no complaint to me." He accompanied me to his rooms, where I found Mabel Merritt. I took possession of a quantity of letters and other things. On leaving the house he said, "I hope you have not found anything detrimental to me in the case." At the station he said, "I would like to hear what my wife's statement is." On my reading it to him he said, "Yes, I met her by appointment, and just before the train left I gave her half a quartern of gin to drink on the way down. I got my chap to get it when he went out to breakfast at half-past eight." He was shown Exhibit 3, and he said, "Yes, it was one similar to that." On being charged with attempting to cause grievous bodily harm, he said, "Yes, it is a wicked conjured-up trick between them. I deny the latter part of the statement. I did not tell her to drink it in the tunnel. Just before she left she said, 'Have you thought of me.' I said, 'Yes.' She said, 'I thought you would.' I then handed her the bottle."
Cross-examined: When he said that he hoped I had found nothing detrimental to him, I had not told him what the poison was that was found in the gin. I had not taken possession of the bottle of benzine found in Mr. Baker's office; that was later that day. It was after I had read to him that his wife had got Mrs. Hall to taste it that he said that it was a wicked conjured-up trick between them. He has always been of the very highest possible character.
(Monday, April 3.)
GEORGE WILLIAM HILL (Prisoner, on oath). This is the first charge that has ever been made against me. I have been in the same employment 16 years. I have also worked during that time upon Saturday evenings at Lloyd's newspaper works. I have been married 15 years. Up till last May I was living with my wife at 20, Brookfield Road. In August, my wife being in the infirmary, I took William and Alfred down to my sister's at Shillington, when I met Mabel Merritt for the first time. She came to my house on a visit for four days and then she returned, taking Rosie and Florence with her. In the last week in August she returned with Florence and William so that they should go to school. She stayed till September 27. Up to that time there had been no familiarity between us. My wife complained when she came out of the infirmary of my taking her out, but the only time I did so was when I took her to the White City. Later on I went to live with her. On November 1 a separation order was made on the ground of desertion. I paid my wife 12s. a week regularly under that order. I personally paid her 2s. 6d. a week she earned cleaning the offices where I worked. I used occasionally to send her firewood by Alf Girling, who was the only one who knew where she lived. The first time bringing the children back from the country was discussed was the day before Christmas, when I treated her. I
was always quite friendly towards her; we were seeing each other almost daily. The only rooms in which I worked at Lloyd's were the basement, ground and top floors, the printing and typing rooms. My wife always used to leave me with a threat, such as "I will stop you before I have done with you, my boy." On one occasion she ran behind the 'bus we were going to get on and said she hoped it would break down and kill us, and that she would finish us before she had done, although she had missed us then. I knew that the Matthews were going to take Rosie to South Wales about a fortnight before they went. Alfred was staying then at the Burnages. It is true I suggested on January 30 going down to Shillington, but not to fetch the children back that night. It had been arranged they should come back at the end of the week, and I did not want to alter the arrangements; I wanted to go down and see my sister and Rosie before she left, as I might not get another opportunity. I had had letters from Mrs. Matthews saying when they were taking Rosie to South Wales; I do not know who has got them. My wife did not want to go down the night of January 50. On February 2 I wrote her suggesting she should go down (Exhibit 2) and she saw me that evening, when I arranged she should meet me at the works the following morning. She came, and I gave her 12s. for her fare and arranged that she should go straight to King's Cross in case I could not meet her. I did not say Broad Street. I did not then know that I could see her off as I had not seen my manager to ask for time off. I knew she had not sufficient money to get along comfortably with and I tried to borrow a sovereign from a man named Wood but could not do so. I sent out Girling for some breakfast for me and half a quartern of gin to give my wife on her journey down. He returned at nine and handed me the gin, which I put into my pocket wrapped up as it was. I then had my breakfast in the office where the manager and the clerk were. I worked till 9.30, when I left and went to King's Cross; I had not much time and I had to run. I met her and we had a drink. Before getting into the carriage she said, "Have you thought of me?" I said, "Yes," and she said, "I thought you would," and I gave her the gin still wrapped in paper; I had never seen the bottle itself from the time Girling gave it to me. Before we had so many children I used to take her about, and I always carried a flask of whiskey or something. 1 then returned to work in the ordinary way. The next morning I received a note from Mrs. Matthews, which I think I tore up and put in the waste paper basket, as I did all such letters; it was asking me to meet them at Paddington to see my daughter Rosie. In consequence of that I wrote a note to my wife saying that I had received this note asking her to meet them at Paddington, and saying that I thought she had arranged it; I thought there had been some misunderstanding between them. She had promised, when I had given her her fare, that she would come back the same night so that she could do the cleaning in the offices next morning, but I did not much expect she would. Girling took my note, and returned saying she was not in. I destroyed it. Georgie came round afterwards in the morning saying that Mrs. Hall had had a telegram to say that
his mother would not be home until the next day. (Mr. Curtis Bennett here pointed out that Mrs. Hill had stated in her evidence at the police court that she had wired to Mrs. Hall that she would not be back that night.) She promised to let me know if she had not sufficient money to return, but I did not hear from her. My wife's account of the conversations I had with her on February 4 and 7 is correct. On being arrested, when I said to Sergeant Butters, "I hope you have found nothing detrimental to me in this case," the bottle labelled "poison" had been found in Mr. Baker's office, and it was to that I was referring. Sergeant Butters' account of what I said on being charged is correct. When I met my wife on the morning of the 11th I asked her what she was doing there, and she said, having been up at the Courts the day before, she was unable to do the offices then. She had not a minute to spare, as she had not then bought the things for the midday dinner. I said to her, "A nice thing you have done for me," and she asked me if I wanted to say she had done it, or words to that effect. I then said that if anything found in that bottle which had been found in Mr. Baker's office corresponded with what had been found in the gin it would be a serious thing for me. I did not then know what it was that had been found in the gin nor what had been found in the bottle. I do not remember any more of the conversation. (Mr. Curtis Bennett here read a passage from a letter from Mrs. Matthews to Mrs. Hill dated February 1, the contents of which she had told her husband on the 2nd, which was to the effect that Matthews had previously written to prisoner with reference to Rosie's going to South Wales.)
Cross-examined. I did not know that cyanide of potassium was used at Lloyd's; I have not heard the name before this. I am only employed on the machine and know nothing as to the engravings; we are not allowed to go where that is going on. When my wife came out of the infirmary she refused, on my asking her, to go down to Eastbourne, where a mission lady had arranged she should go. She also refused to go down to Shillington and I asked her what she was going to do as I could not keep the house on. I had to pay £30 a year rent, without rates and taxes, which came to £10. It is true we had lodgers, but I never received any rent from them. It is true 12s. a week was coming in when fully let, but that was only for a very short time. They left when she went into the infirmary with the exception of one woman who helped to look after the children and from whom I received no rent. I gave her money. I paid for Merritt's rooms until she could find employment as I was bound to see her right; she did not want to go home. I had, therefore, to keep up two establishments during last autumn. No doubt her (my wife's) grievance was more against her than against me. She would not give her a chance to get work. Up till now I am friendly with my wife; I have always been. It may be that the date Merritt told me she "feared a mistake had been made" was January 29, but I am not quite certain. Before my wife went to Shillington I did not know she was in trouble; she may have suggested it, but I do
not remember; I did not really think it was the case and did not take much notice of it. If she had a child, it would not make much difference to me. It is true that on January 30 I suggested going down to Shillington and returning the same night. I should be able to spend an hour with my sister, returning by the 9.50. If my wife had consented to go, I should have telephoned to my sister, asking her to send some one to meet us at Hitchin. I was proposing that my wife should stay down there so that our little one might get used to her before she took him away, and also she would be of assistance to the Matthews in their moving on the Saturday; they had two children of their own, who were both infants, to take charge of. It was at 8.30 a.m. on Saturday when Girling brought in the note from Mrs. Matthews. I do not know if I put it in the wastes-paper basket or on the fire, but I destroyed it. I always destroyed all such letters except when I wanted to keep them for reference. It is true the letter sent me dated August 3, 1909, has not been destroyed, but it is quite possible that I laid it down and the wife put it somewhere. I do not remember saying in my note to my wife that Mrs. Matthews was wanting her to meet her; it was me that Mrs. Matthews wanted to meet. I wrote round and told the wife because I thought I should not be able to go. I knew she would be only too pleased to do so. I was rather surprised to get Mrs. Matthews's letter, but I do not remember mentioning it to my wife when I saw her on the 4th; I did not think it of any importance and we were only talking a short time. I do not think I ever mentioned it to Merritt. The 12s. I had given her was not sufficient to manage on comfortably; since the return fare was 5s. 4d.; 'bus fares 8d., and trap hire from Hitchin to Shillington 6s. It is true, if she had returned with! the Matthews's she would have only had to pay 1s. for the trap hire from Shillington to Hitchin, but when I gave her the 12s. I thought she was coming back the same night. It is true that the Matthews had written me saying they would bring my children up, but it was an impossibility for them to do so without my wife's assistance; they got into trouble as it was; they had their own two children and all the luggage. On our journeys out together I generally had some whiskey, but I sometimes had gin. I got this gin at the wharf because I thought if I waited to do so afterwards I might miss the train. I did not think of getting it at King's Cross. I was fortunate enough to catch the train, so was able to get there in time to give her a drink. I did not suggest that she should get into an empty carriage; in fact, I do not think there was one. I did not suggest to her that she should drink the gin in the tunnel if she did not like the people to see her doing it; if I had done so, she probably would have thrown it at me, saying I begrudged it her; she is a peculiar tempered woman. I had breakfast that morning in the presnce of the clerk; the manager was in the next office. Merritt is wrong if she says I always had my meals at home. I do not contradict my wife's account of the conversation we had on February 11, but we were only a very few
minutes talking together, and I do not think there could have been time for all the conversation that she says there was.
Re-examined. When I used to take the train down to Hitchin at a few minutes before six I always used to have a comfortable hour to spend with my relatives. At Lloyd's we were absolutely confined to the printing machine and were not allowed access at all to the rooms where chemicals were kept. (It was stated by Inspector Neil that the engraving department was three floors above the printing department.) (To the Court.) I do not remember what kind of paper it was that was round the bottle. I put the bottle straight into my pocket, as I did not want anybody in the office to see; I do not drink a lot. I never took the paper off. (To the Jury.) I leave off work at Lloyd's at about 6.30 or 7 a.m. on Sunday. I generally go to the works on a Sunday.
Sentence, 10 years penal servitude.
BEFORE THE RECORDER.
(Friday, March 31.)
SIZER, Arthur (37) , embezzling £2 received By him for and on account of Leonard Allen Leonard, his master; having received the said sum for and on account of L. A. Leonard unlawfully did fraudulently convert the same to his own use.
Mr. A. H. Woolf prosecuted. Mr. Ernest Walsh defended.
The trial was taken on the second count—fraudulently converting.
LEONARD ALLEN LEONARD , 184, Aldersgate Street, sewing machine dealer, trading as the National Supply Stores. In February, 1911, I e ngaged prisoner as canvasser at £2 a week and expenses; that was altered to 10s. a day and expenses, and afterwards altered to 10s. commission on each order obtained—the machines were sold for £3 7s. 6d. cash or £3 17s. 6d. credit. I told him he need not press for deposits, but to get the date when the first payment was to be made. I generally went with prisoner, canvassing on one side of the street, while he went on the other. He was supplied with a form (produced) which was to be signed by the purchaser. On March 9 prisoner sold a machine and received 10s. deposit, which he informed me of and I allowed him to keep the 10s. as his commission for selling the machine. Form produced signed by Miss Edes for the sale of a machine was handed to me by prisoner on Wednesday, March 15, without the date fixed for the deposit. I asked him about it; he said the deposit was to be paid in two weeks, which I wrote in the form. Prisoner did not come to the office until Monday, March 20. I became suspicious and saw Miss E des. On March 20 I said to prisoner, "Why did not you call in on Thursday?" He said he went racing. I said "Where is the £2 you received from Miss E des?" He said, "I spent it." I then sent for the police and gave him into custody.
Cross-examined. There was no harm in prisoner going to the faces. On Friday evening I made up my mind that prisoner had committed a criminal offence. The next day I saw Mr. Savile, Clerk to the Magistrates at the Guildhall, and he advised me what to do. On Monday prisoner came to the office at 9.45 a.m.; within a few minutes I said, "I want this money. If you do not pay me the money I shall have to charge you with stealing it." He said, "Very well, Mr. Leonard, you must charge me." This was at the second interview, about 12 p.m.; he did not say whether he had got the money. I did not tell him I would give him till two o'clock to get the money. I then threatened to charge him with embezzlement—that was what I had intended doing; I had already sent for the police. I understood he defied me to charge him. When the detective came I told him that I wished to give the prisoner in charge for embezzlement of £2. Prisoner said, "You cannot do that, Mr. Leonard." I said, "I can do it and I am going to do it." He may have said he was my agent and not my servant. He did not deny having received the money when I spoke to him about it. He was entitled to 10s. of the £2 he had received for commission, but he had received 12s. 6d. on account of commission, and therefore was not entitled to deduct anything from the £2.
After further cross-examination the Recorder held that prosecutor had treated the matter as a civil debt and that a conviction would be improper; the jury returned a verdict of Not guilty.
SADDINGTON, Lewis (50, agent) , stealing one banker's cheque, the goods of William Elkane and others and feloniously receiving the same; feloniously uttering, knowing the same to be forged, a cheque for £80 14s., with intent to defraud.
Mr. Ernest E. Williams prosecuted.
WILLIAM ELKANE , member of Elkane and Brothers, 132, Shaftesbury Avenue, theatrical outfitters. On February 23 I was called to my bank, the London Joint Stock, and shown cheque produced for £80 14s. in favour of Blackford and Co., the cheque has been stolen from my cheque book and is a forged imitation of my brother's signature. I saw the prisoner in the manager's office.
Cross-examined. I have not had my premises broken into between December 1, 1910, and February 23, 1911. I keep the cheque book in the safe; it is sometimes lying on the desk. Since this occurrence I have discharged my three employes. I have loot things previous to having this cheque stolen.
ARTHUR WILLIAM CHRISTFIELD , cashier to the London Joint Stock Bank, 133, Regent Street On February 23 cheque produced for £80 14s. was (presented by the prisoner. I was suspicious and asked him where he got it. He said he got it from Mr. Blackford. I looked through the ledger and found that the ordinary cheque to Blackford had been paid; I reported it to the manager in his room. When I returned I found prisoner had disappeared, but was being brought back by one of my colleagues; I said, "Why did you go away?" He mumbled something to the effect that he had doubts about the cheqe and he did not like to remain. I communicated with Elkane, we came to the bank and the police were sent for.
Detective FRANCIS PEARCE, C Division. On February 23 I received telephonic communication, went to the London Joint Stock Bank and found the prisoner confined in a back room. I told prisoner I should take him to Vine Street Police Station. He said, "All right, governor, I am in the jug properly. I am done. I have not got a farthing on me. I got up at 7.30 this morning to do this job. Another chap gave it to me—I shall not say who it is: you could not bag him if I did." I took him to Vine Street where he was detained while the necessary witnesses were being called. He asked me to let him look at the cheque, held it up to the light and said, "A nice job. I could have done a better job myself." He was charged With stealing, receiving, and uttering the cheque, knowing it to have been forged. He made no reply.
Cross-examined. I found papers, but no money on the prisoner; he said he had had no breakfast, and was given some. I did not supply him with two pints of ale. He said he would not say where he got the cheque from.
Police-constable BOUGHEN, 189 C. On February 23, at 11.30, prisoner was in my charge at Vine Street. He said, "I was a b—fool. I ought to have left it later. I took it too early and gave them too long to look over it."
Called upon for his defence, prisoner asked to be allowed to write so that the jury could see that the cheque was not in his writing. He was informed that he was not charged with forging the cheque, but only with uttering it. He then stated that a man had promised him some work, and asked him to go to the bank with the cheque when, finding there was some question about it, he thought there was something wrong with it and endeavoured to leave.
Verdict, Guilty of uttering.
Prisoner confessed to having been convicted of felony at York Assizes on October 31, 1908.
Prisoner was then indicted for that he is a habitual criminal.
Convictions proved: November 20, 1900, North London Sessions, four years' penal servitude for stealing cheques; August 14, 1906, North London Sessions, eighteen months' hard labour for larceny; October 31, 1908, York Assizes, three years' penal servitude for altering and forging banker's cheque for £90 10s. Other convictions: Clerkenwell, October 2, 1893, three months, stealing a watch; March 4, 1895, six months, stealing linen. Stated to be a very dangerous criminal and letter-box thief. Released from his last conviction February 24. Repeatedly seen in the company of well-known thieves.
FREDERICK BERNARD ROBINSON , clerk to the Church Army Discharged Prisoners' Aid Society. Prisoner has not worked for the Church Army. He has called on me three times, January 24, January 25, and February 17—he was sent to our depot with a letter and was offered work in the country on January 24, but he said he was not able to do it, being ruptured and having a weak ankle. I afterwards gave him a letter for other work, which our officer says he did not deliver.
Cross-examined. It is rather hard work. On one occasion he helped to remove a Bradbury's mangle, but he was not able to swing the hammer to smash it up.
Sentence: Three years' penal servitude; five years' preventive detention.
CLEMENTS, Thomas John (45, pawnbroker's manager) , feloniously stealing a gold watch, brooch, four rings, and a pair of earrings, the property of Selina Astley; within six months (on September 1) stealing two bracelets, a necklet, and a brooch, the property of his mistress; within six months stealing a gold watch, a neck chain, a chain and a diamond pin, belonging to his said mistress.
Mr. T. Metcalf and Mr. Attenborough prosecuted; Mr. Huntly Jenkins defended.
HENRY WELLS , 254, Old Kent Road, pawnbroker. On June 1, 1910, prisoner (whom I have known as manager to Astley) sent letter produced together with gold watch, a brooch, four rings, and a pair of diamond earrings asking me to lend £10 upon them, which I did. I understood they were part of the stock of his shop; I did not know that they were part of the pledge stock. It is not a common practice for pawnbrokers to borrow money on their pledges; it is rather exceptional; I have heard of it being done, but should not care to do it myself. On September 1 I received another letter sking for £10 on two bracelets, a necklet, and a brooch, which I advanced. On September 21 I advanced £6 on a gold watch, a neckchain, an albert, and pin. The three loti were on November 12 redeemed by Astley. The interest would have been 20 per cent., but under the circumstances I did not charge Astley interest.
Cross-examined. The articles were generally brought by Miller, an assistant at Astley 's. Prisoner had seen me and told me they wanted money because they were short. On an earlier transaction on June 9, 1909, when Miller came with some articles I sent him back for a letter of authority before lending the money. Prisoner came across and thanked me. He said they had run short of money.' At times pawn-brokers are short in that way when more money is going out than is coming in.
(Saturday, April 1.)
The Recorder suggested there was a difficulty in the way of the prosecution; the Jury would have to be satisfied that in what prisoner did he intended to permanently deprive the prosecutor of the property, and was not making the pledges for the purpose of getting capital to carry on the business.
ALFRED ASTLEY , 70, Trafalgar Road. My brother, George Geoffrey Astley, is the proprietor of the business, which it carried on in the name of his wife, Selina Astley. Prisoner has been manager for two years. On October 6 I took the stock and found it was £118 short. I asked prisoner to account for it, he said he had no idea, unless it was
stolen. On November 8 I again took stock and found a further £52 was deficient. While the stocktaking was going on a woman came to redeem a pair of diamond earrings pledged for £3 10s. Prisoner, instead of going to the safe went out and I found him at the top of the kitchen stairs. He said, "I am so bad, will you send for a doctor?" He said, "I was going down to the kitchen stairs "(where he had no right to go) and had put his foot through the stairs and hurt his back. I said, "You go upstairs." He did so, and said, "Will you send for a doctor? "I said, "I shall do nothing of the kind "—I knew it was all humbug. The woman was waiting for the earrings. He said the earrings were in pledge—he had pawned them and the ticket was downstairs. I said, "Tell me the truth—have you pawned anything else belonging to the stock?" He said, "I have, and that I should find the tickets in the cashbox in the safe. I found six tickets, five being pledgee with Wells and one with Harvey and Thompson. No entry was made in the books of the rep led ging. I made further examination and found that 19 other pledges had been made. (Mr. Huntly Jenkins submitted that the evidence should be confined to the three cases mentioned in the indictment. The Recorder said it would be safer to confine the evidence to the three specified cases.) Those tickets included the three cases mentioned. My brother afterwards redeemed them. On September 16, 1910, there is a ticket for a ring pledged by Emily Stone for £1 10s. On looking for the parcel I found 1/2 d. and the duplicate, but no ring. It is impossible to identify the ring with that which is pledged with Wells. In another case there is a ticket dated May 15, 1909, for a pledge by Ann Fayers of a gold bracelet for £2. The packet contained a ticket and a brass clock key.
Mr. Huntly Jenkins objected to evidence as to other cases.
Mr. Attenborough submitted that he was entitled, as in a case of obtaining by false pretences, to give evidence of other cases to show the system.
The Recorder said that there was a difficulty, as the prosecution proceeded under the Larceny Act, in which case he had never known it done. He thought prisoner should have been indicted under the Falsification of Accounts Act for not making proper entries in the books. There were three cases of felony within six months charged in the indictment, and the articles had not been identified.
Mr. Attenborough stated that prisoner had given evidence before the Magistrate in which he admitted the facts as to these articles. He proposed to put that evidence in.
The Recorder. It is most unusual to put in the evidence of the prisoner; it was not a statement made in reply to the statutory caution.
Mr. Attenborough submitted that as any statement not upon oath could be put in, the statement upon oath certainly could be put in.
The Recorder said he would admit the evidence of the prisoner before the Magistrate as admissions made by the prisoner when, after the statutory caution, he elected to give evidence upon oath.
Mr. Huntly Jenkins objected that the prisoner had given evidence about a large number of transactions not affected by the indictment now being tried and in reference to a committal for falsification of accounts.
The Recorder. There are very great difficulties in the whole matter. You had better qonfine it to only reading the portions of the statement that refer to the present indictment. The case could have been dealt with under the Larceny Act of 1901.
(Portions of the evidence were read.)
Cross-examined. George Geoffrey Astley is the prosecutor. It is
his business carried on in his wife's name. I believe it is a trade prosecution. Prisoner has been manager for two years. So far as I know he is a man of good character. He was paid £2 5s. a week and board, but not lodging. He told me that the articles were in pledge, that I should find the duplicates in the cash box, where I did find them, and that they had been pledged with Wells. He did not explain why he wanted the money. If he slipped on the stairs I should say he had done it purposely. Miller gave notice and left when I took the stock. He was in attendance at the police court, but was not called. Ralph was also in attendance; he has since committed suicide through this. Addington was the manager previous to the prisoner. I heard there was a shortage in the stock when he left. Ralph was employed to check the balances every Tuesday, and to go through the books. If prisoner had not sufficient capital he should have reported it to my brother; as far as I know there was always plenty of money; there might have been a temporary shortage. The balance book would show what the daily balance was.
Re-examined. The pledge stock being reduced by £170 shows that £170 capital had been taken out of the business. The stock was taken when Addington left; in addition to the shortage at that time there was £170 shortage which had accrued during the prisoner's time.
GEORGE GEOFFREY ASTLEY . I am the proprietor of this business, which is carried on by me in the name of Mrs. Selina Astley. I have supplied the money necessary to carry on the business. If prisoner was short he could apply to me. He frequently did so, and I sent money by Ralph or by registered letter or by one of the assistants. I never knew of or sanctioned prisoner pledging the stock; I consider it illegal to do so. On November 8, after my brother had commenced stocktaking, I asked prisoner if he could account for the stock being short—the shortage amounted to about £170. I said, "Someone has robbed me—I do not say you have. Are the assistants honest?" He said, "I believe so." I said, "I shall hold you responsible for this money—you are the manager." He said, "I do not know anything about it or where the money has gone to." I said, "Surely some one must know. You must have had a cart to take away pledges to that extent." The £170 was the shortage only in the pledge stock, besides what was missing from the selling stock. Downstairs there were several packages of articles apparently pledged for 15s., £1, and 30s., the contents of which were only worth 2s. 6d. or 3s. each. I was very much upset to find that pledged goods had been pawned. I said to prisoner, "You are tantamount to being a thief doing these things without my sanction and taking my money like this."
Cross-examined. Prisoner sent accounts every week. Ralph went there to supervise and should have seen from the day book how much cash there was in hand. Ralph had been in my employment 22 years. At different periods he told me they were short of money and money was sent. I knew that prisoner had borrowed £10 from
one of the neighbours for the purposes of the business and on one occasion £15. (To the Judge.) On hearing that I did not go to the shop and provide prisoner with the necessary money. The capital required would vary at different times. On Mondays more would be required, whereas on Saturdays a good deal of money would be coming in. With the goods sold, if £100 to £150 capital was supplied, that, together with the money already invested would be sufficient. (To Mr. Huntly Jenkins.) Addington was summarily dismissed; during the last twelve months of his time his stock was wrong. On December 24, 1910, I took £159 out of the business-—it was taken out temporarily and placed in the bank for safety; when prisoner wanted money he had it by cheque.
Re-examined. List produced shows that from November, 1908, to November, 1910, about £500 was put into the business.
The Recorder stated that there was no doubt at all that prisoner's conduct had been most improper; but the prosecution had to prove that prisoner had pawned the pledges feloniously intending to deprive the prosecutors of the property in them.
After consultation, the Jury returned a verdict of Not guilty.
SALZINGER MAX (29, musician) pleaded guilty of, at Manchester, in the County of Lancaster, feloniously causing to be inserted in a register of marriages a certain false entry of a matter relating to his marriage with Martha Gobel, to wit, a false entry of the age of the said Martha Gobel.
Prisoner was released on his own recognances in £50 to come up for judgment if called upon.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Thursday, March 30.)
Mr. Travers Humphreys and Mr. Roome prosecuted; Mr. Symmons defended.
ROSA MASON , wife of John Mason, Enfield. I have known prisoner 15 years; she has been married eight years and has lived since then at 5, Cross Road. She has had four children, one of which died seven years ago, two are alive, and the other one is the baby named Helen May, and 14 months old. Prisoner's husband was a postman, and they were religious people; they attended the Wesleyan chapel. Towards the end of February and the beginning of March I noticed she seemed very much worried. She seemed to be on affectionate terms with her husband and children. About 4.40 on March 7, I went to her house, I knocked at the door for about 20 minutes and could not get an answer. I heard children crying inside. I spoke to a painter, Oliver, and he got into the house through the parlour window
and opened the front door. I went upstairs to the boxroom where the children told me their mother was. The door was locked and I knocked and said, "Mary, open the door," and she said "No." I asked her where her husband was, and she said "Locked up." Shortly after the husband came in, knocked the glass out of the door and went into the room.
Cross-examined. Mr. Martin is a quiet, respectable man, and had done nothing which I know of which was likely to lead to his being locked up. I thought prisoner used to stop too much in the house, and I tried to get her to come out, but she would not come, as she said the police would lock her up. She seemed very depressed and dispirited.
GEORGE CHARLES OLIVER , painter, 2, Cross Road. On March 7 I was painting some windows at No. 5, Cross Road, when I saw Mrs. Mason knocking at the front door for about 20 minutes. I looked through the letter-box and saw a child sitting on the stairs. I got through the parlour window and opened the front door. Mrs. Mason went upstairs while I went on with my work. A little time after, prisoner's husband came alone the road home. I spoke to him and he went into the house. He had been there some few minutes when he came and spoke to me. I rushed upstairs into the boxroom, where I saw prisoner with her head on a pillow on the floor, the face down-wards, and partly on her side. She was holding her little baby girl right underneath her, tight to her bosom. It seemed to be quite dead. Prisoner was bleeding from the throat, and I pushed a cloth tight to the throat to staunch the blood. The child had a piece of some material, either tape or silk, tied tightly round its throat. I asked her what made her do a thing like that, and she said, "My 'hubby' is going to be locked up, and now he is locked up." I saw a razor with blood upon it on the mantelpiece. I have known prisoner and her husband seven years. She has always been devoted to her husband and children.
Cross-examined. Her husband had only left the room a very short time when she said that he was locked up. She seemed quite rational, but depressed and crying.
Police-constable JOHN HATFIELD, 474 Y. About 5.15 p.m. on March 7 I was called to 5, Cross Road, where I saw in a little bed-room prisoner lying face downwards with a slight cut in her throat and the child in her arm underneath her. I carried her into the bed-room and put her on the bed. Police-constable Watson undid the silk which was round the child's neck. I covered prisoner's throat with a piece of linen. She said, "Oh, I have killed my Nellie;" she seemed very excited.
Police-constable ABRAHAM WATSON, 732 Y. On March 7 I went with the last witness to 5, Cross Road. I untied the silk from around the child's neck and tried artificial respiration without effect. I asked prisoner her name and she said, "Don't let them all come up. I thought someone was getting in the back. I have done a terrible thing. I have murdered my child. I don't know what I shall do."
Dr. RICHARD FLEMMING STIRKE HEARN, Enfield. About 5.15 p.m. on March 7 I was called to 5, Cross Road, where I saw prisoner lying on the floor in the back room on the first floor. There were two wounds in her throat, which I stitched up. Her face was very swollen and congested, due to attempted strangulation. In the next room on the bed was the child Helen May, who was dead. Round the neck there was a mark which was very deep in the front, which showed that something had been tied tightly round the neck. Death was caused by strangulation and had taken place about half an hour before. While I was attending to prisoner's wounds she said, "I have killed my child. I do not know why I did it. I am very sorry," or words to that effect. She said that she had said something disrespectful of the Roman Catholics and they were after her, and everybody was watching her and she was afraid to go out.
Cross-examined. She was in great mental agony. To believe that people are watching her and that those dear to her are in danger is an ordinary form of mental hallucination and a well-marked sign of mental infirmity.
Police-constable FREDERICK GILDERSLEEVES, 760 Y. At 5.30 p.m. on March 7 I went to 5, Cross Road, where I saw prisoner lying on the floor with a bandage round her head. I heard the doctor ask her what she did it with, and she said, "I strangled her with a piece of silk. It is all because of those Roman Catholics." I was left in charge of her. She said, "I imagined everybody was against me. My husband also spoke well of them, too. I thought it was them that had been at the back tapping. Every time my husband went out I thought he was never coming back. That is the reason why I strangled the baby, but it was wicked for me to do such a thing, for if I had waited a little longer I would not have done it." She appeared to be suffering from delusions; she was somewhat excited. (To the Court.) She did not seem responsible for what she was saying.
JULIUS MOORE , divisional surgeon, Enfield. On March 10 I made a post-mortem examination of the deceased and found the cause of death to be strangulation. The child was a perfectly healthy one and looked clean and well cared for. On the night of March 7 I saw prisoner, and owing to her mental and physical state directed that she should be put into a private room and be watched all night.
Detective-inspector ALFRED SHOLES, Wood Green. At 8.45 p.m. I saw prisoner detained at the police-station. I told her who I was and that she was being detained for the murder of her child. She said, "I am very sorry. I do not know what made me do it. Where is my husband?" I told her that he was coming to the station to see her. She said, "Do he kind to him. He has been such a good husband to me." I went to the house and saw the body of deceased. I then returned to the station and charged her with wilful murder and attempting to commit suicide. She said, "It is terrible."
Cross-examined. Prisoner's rooms were spotlessly clean and the children were well developed. The husband is a perfectly respectable
man. There is a gentleman named Heri, a Roman Catholic, in a superior position in the Post Office to that of the husband, who has helped him to get promotion. There is not the slightest truth in prisoner's suggestion that anybody was watching her.
WILLIAM CHARLES SULLIVAN , medical officer, Holloway Prison. I have had prisoner under observation since March 8. I am of opinion that she is insane, and was so when she committed this offence. I found her suffering from delusions of the nature that have been described. She would be worse at her monthly periods than at other times. She told me at those times that she felt more worried and depressed and not sure of herself. She committed this crime the day before her periods. Her form of insanity is melancholia accompanied by delusions and homicidal and suicidal impulses.
Verdict, Guilty, but insane, so as not to be responsible for her actions. Prisoner was ordered to be detained pending His Majesty's pleasure.
BEFORE THE COMMON SERJEANT.
(Friday, March 31.)
JACKSON, William (27, dealer); HARRIS, John (22, carpenter); HARRIS, Margaret Ann (24, charwoman); and LAWRENCE, Rose (20, servant); all feloniously making counterfeit coin with intent to utter the same. Margaret Harris and Lawrence, uttering counterfeit coin twice on the same day.
Mr. Pickeragill, M.P., prosecuted; Mr. H. C. Bickmore defended Jackson; Mr. Purcell defended John Harris.
Sergeant JAMES EDWARDS, G Division. About 9.30 p.m. on March 4 I went with Detective Boon to 13, Felix Street, Bethnal Green. The doors of the front room, back room, and kitchen were open, so we went in. We found a very large fire burning in the kitchen grate and a lamp lighted on the mantlepiece. There was nobody in the place, so I sent for the caretaker, Kemp. Whilst waiting for him, prisoners John Harris and William Jackson, came into the house. I asked them their names. Harris gave the name of Albert Stratus and said he lived at 13, Felix Street. Jackson said he had no fixed abode. I told them I was a police officer making inquiries regarding two women, Margaret Temlin and Rose Lawrence, charged at Bethnal Green Police Station with uttering counterfeit coin. Tomlin is an alias for Margaret Harris; she subsequently gave the name of Harris. John Harris said, "We do not know nothing about it!" He then said, "I do not live here, but I come here very often." I said to him, "You only moved in here yesterday." Jackson said, "You have got nothing against me?" I then proceeded to search the kitchen. On the mantelpiece I found
this file (produced); it had recently been used on white metal. On the dresser I found three pieces of copper wire (produced), three pieces of white metal (produced), a packet of silver sand (produced), and four penny packets of Woodbine cigarettes (produced). On a chair in the kitchen I found this piece of copper wire, a screwdriver, and a cloth (produced), and this piece of scorched newspaper on the kitchen table (produced). In a chest of drawers in the front room I found a rent book in the name of Mr. Harris, three tins of vaseline, three tins of cold cream, and one tin of Globe polisih—all penny tins, The name and address of the maker is scratched out in some cases off the boxes. (Producing same.) I also found in the drawer of the dressing-table a payment card of the Premier Furnishing Company in the name of Mr. J. Harris (produced). I conveyed the two male prisoners to Bethnal Green Police Station. I searched Harris and found £1 5s. in silver and 2s. 7d. in bronze, good money, on him. The same night Detective Boon and I returned to 13, Felix Street and in the presence of the caretaker searched the premises further. I saw Boon find a small newspaper packet in the guttering of the washhouse roof. It contained 13 counterfeit florins dated 1900 and 14 counterfeit shillings dated 1902 (Exhibits 3 and 4). Coins produced are the ones; they are in an unfinished state. I returned to the station and showed all four prisoners the coins and told them where we had found them. Jackson said, "That's done it," and he shook hands with Harris and said, "I will get one of the girls out of it." When asked for his address John Harris then gave the name of John Harris, 13, Felix Street, Bethnal Green. When charged, Margaret Harris said, "I changed a sovereign with a coal man this morning and got the shilling in change"; that was referring to the charge of uttering a counterfeit shilling.
Cross-examined by Mr. Bickmore. Before he came to Felix Street Harris lived at Spring Gardens, Whitechapel. I have never known Jackson to be an acquaintance of Harris. I found no mould nor any metal in the molten state on the premises.
Cross-examined by Mr. Purcell. The rent book I found has on the outside "Mr. Harris, 11a, Spring Gardens, Whitechapel," and shows payments of rent down to February 27. Harris never said in my presence that the money found upon him was money he took that day at his stall in Brick Lane, Bethnal Green.
Detective BERTRAM BOON, J Division. I went to 13, Felix Street, with last witness. I heard him question the prisoner and saw him find the things he produced. I searched Jackson at the station and found 10s. in gold upon him, £1 4s. 6d. in silver, and 11d. in bronze. We then returned to Felix Street, where I found in the guttering of the washhouse roof the counterfeit coins which have been produced. While the charge was being written down at the station Harrison said, "You were lucky to find them; another two minutes and you would have been too late." The following morning I went again to Felix Street and found a rent deposit card, produced (Exhibit 5). It is a receipt for 6s. as a deposit of rent for 13, Felix Street, commencing from March 6.
Cross-examined by Mr. Bickmore. When we first went to Felix Street a woman on the first floor opened the street door to us. We found all the other doors open. I daresay the things we found could be used for other purposes besides coining. I have been told that the premises at Felix Street are occupied by Mr. and Mrs. Harris. I do not know where Jackson lived.
Cross-examined by Mr. Purcell. In counterfeit coin cases we usually search people the moment we arrest them.
(Saturday, April 1.)
JAMES JOHN CAMP . I am caretaker of the property, which includes 13, Felix Street. About 9.40 p.m. on Saturday, March 4, I was called there. I saw Sergeant Edwards and Detective Boon and after-wards the two male prisoners. I was present when the coins and a number of other articles were found. Between 3 and 4 p.m. on the the following day Mrs. Harris came to me with a list in her hand. I accompanied her to 13, Felix Street. She took from the kitchen a black fur coat and a blouse, and from the parlour a man's white shirt and a collar.
Cross-examined by Mr. Purcell. I live a few yards from Felix Street. I go to Felix Street whenever required. At this time the top floor only was unoccupied; there are two occupations. I have never seen John Harris there before. I went there on the Friday between 8 and 9 p.m. and saw the new tenants on the ground floor, but I did not see John Harris.
Cross-examined by Mr. Bickmore. I had never seen Jackson there before. I saw him with the police.
Re-examined. The newcomers whom I saw were Mrs. Harris and a young woman whom I do not know.
HENRY SMITH , licensed victualler, "The Hare," Cambridge Road, E. Between 7.30 and 7.40 p.m. on March 4 the two female prisoners came in and Lawrence ordered, to the best of my belief, two glasses of stout. I gave it to them, and Lawrence tendered this shilling (Exhibit 1). I gave her the change. I turned round and found they had gone without finishing their beer and I became suspicious. I looked at the shilling which I had placed in the Cox's till by itself and found it to be counterfeit. I gave it to the constable who was called.
Mrs. HELEN CLING, 507, Cambridge Road, E. My son has a baker's shop at this address. About 7.30 p.m., March 4, the two female prisoners came in. Harris went to the window and took out two loaves, price 4 1/2 d. She tendered me a shilling which I put in the till. Having no change, I went inside. I came out and gave her 7 1/2 d. They went out. Immediately afterwards the potman from the "Hare" public-house came in and said something to me. I showed him the shilling which he broke with his teeth. Here are the pieces (Exhibit 2). He took them and gave them to the constable, who brought the women back into the shop.
Police-constable JOHN BENNETT, 251 J. On the night of March 4
I was called to the "Hare," where the proprietor made a com-munication to me. I went along the Cambridge Road, where I saw the two female prisoners. I told them that Mr. Smith alleged they had gone into his house and tendered a counterfeit shilling for two drinks. Harris said, "I did not know it was bad." I took them back to the house, where they were detained outside by another constable. I went inside with Mr. Smith, who gave me this shilling (Exhibit 1). I then told prisoners that this was the shilling that Mr. Smith alleged they had passed, and Harris again said, "I did not know it was bad." I ultimately handed it to Sergeant Edwards.
Police-constable CHARLES LOVATT, 599 J, corroborated the evidence of the previous witness, and added: While I was outside this public-house with prisoners the potman from the public-house came from the baker's shop and said, "These women have been in there and given this in payment for two loaves." He gave me a shilling in two pieces (Exhibit 2), and I took prisoners to the baker's shop. I said to Mrs. Cling: "Have you seen these two women before this evening?" She said, "Yes, they came in just now, purchased two loaves, and gave me a shilling, which I gave to the potman." Harris said, "I did not know it was bad. I took that off a coalman in exchange for a sovereign this morning." I took them to the station. When charged Harris said, "That gentleman had it from me as I had it from the coalman this morning." Upon Laurence was found a purse containing seven shillings, six sixpences, and 4 1/2 d. in bronze good money, and on Harris a sixpence.
ANNIE SAUNDERS , wife of James Saunders, caretaker at lla, Spring Gardens, Whitechapel. In the middle of January I gave Mrs. Harris the key of No. 11a, which is a two-roomed house. Prisoner Harris was living there with her—no one else. They left on March 3, when Laurence assisted them in moving their furniture. I saw no one visiting them there.
Cross-examined by Mr. Bickmore. I have never seen Jackson there.
Cross-examined by Mr. Purcell. Margaret Harris was alone when she came for the key. I saw Harris afterwards at the house on two or three occasions from my door opposite; he was twice standing at the door and once looking through the window; it was always in the morning.
SIMON LEVIN . I collect the rent at lla, Spring Gardens. The tenant of that house was Margaret Harris, between January and March. I saw her in occupation. In the middle of February I saw Jackson there twice; it was about the middle of the day; I should say once was on a Friday and the next was on the following Tuesday. On one occasion he said that Mrs. Harris was out, and asked me to call back for the rent. He did not give me anything.
Cross-examined by Mr. Bickmore. I did not expect Jackson to give me anything. I have never seen Laurence there.
CHARLES THOMERSON , estate agent, Hackney Road. On March 1 Margaret Harris came and said she wanted to rent the ground floor at 13, Felix Street. I gave her particulars. She said she was living at Spring Gardens, and that she was the wife of John Harris. The
rent was 6s. a week, and she paid me 6s. deposit. I gave her this receipt (Exhibit 5), in the name of "John Harris."
Cross-examined by Mr. Purcell. I never saw John Harris. I went to see 11a, Spring Gardens. She said she had been married about six months.
SIDNEY WILLIAM SMITH , Assistant Assayer H.M. Mint. On March 10 two separate packages marked Exhibits 3 and 4, were handed to me by the police. Exhibit 2 contains 14 unfinished counterfeit-stamped shillings dated 1902. There is also a fragment of a counterfeit florin which probably should be in Exhibit 4; and Exhibit 4, 13 unfinished counterfeit florins dated 1900. I also examined Exhibit 6, the money found on Jackson; it contained £1 14s. 6d. in silver, amongst which I found a florin which is the pattern-piece from which the florins in Exhibit 4 have been made. Exhibit 1 is a counterfeit shilling, and Exhibit 2 two pieces of a counterfeit shilling, both dated 1899. Exhibit 7, the money found on Harris, contains £1 5s., amongst which was a shilling which is the pattern-piece from which Exhibits 1 and 2 have been made. I also received some silver sand, three pieces of white metal of the same character as the counterfeit coin, a file choked with that metal, some copper wire, and a packet containing whiting; all such articles are used by coiners.
Cross-examined by Mr. Bickmore. A counterfeit coin may be made in about an hour. Without a mould and vessels into which heated metal can be poured, coins cannot be made. I notice that Exhibits 1 and 2 have inscriptions round the head of Queen Victoria well defined, but it is not so in the pattern piece. That does not suggest to me that the pattern coin from which the counterfeit was made was one which had a very clear edging.
Cross-examined by Mr. Purcell. My instructions are not to give the methods that we have of detection. All the indications are scratches which might come on the coins from coming into contact with each other, and which might be found on any shilling.
Statements before the Magistrate—Jackson: "Laurence is innocent of the charge." John Harris: "My missus is quite innocent of the things found. I gave her £1, which she changed with the coalman." Margaret Harris: "I am innocent" Laurence: "Mrs. Harris changed the sovereign with the coalman. She went shopping with me. Then we went to have a drink and then we went to two other shops I am innocent of it."
JOHN HARRIS (prisoner, on oath). When I was arrested I had been for three months living at 35, Abingdon Buildings, Shoreditch, and I had a stall in Brick Lane. Before then I was for six months at 163, Coventry Street, Bethnal Green, with Margaret Ann Tomlin, who passed as "Mrs. Harris" but I left her, as we disagreed, and went to live at 35, Abingdon Buildings, where my mother lived, while she
went to live at 11A, Spring Gardens. I used to allow her 15s. or £1 a week; she generally came to my stall for it. I went round to her place four times at the most, when I would stop the night. On March 1, I think it was, she came to my stall and said she was moving to 13, Felix Street, on the Friday night, and I said I would see her on the Saturday evening. I saw her on the Saturday morning, and she said that she had moved and I gave her £1. I went to see her at about 9 p.m.; that was the first time I had been to that house. I was just going in when Jackson went in at the same time. I had never seen him before. I then went in and saw Sergeant Edwards, who told me that Harris and Laurence had been charged with uttering counterfeit coin. I said, "I do not know anything at all about that." I did not know Laurence. He said he wanted to search the premises, and I said, "You can search the premises. It is nothing to do with me what you do." He said, "What is your name?" and I said, "Albert Strauss," which is my name. I gave him my correct address, and he said, "No, you don't; you live here." I said, "I do not live here; I live at 35, Abingdon Buildings." He said, "I am going to put you down as living here," and he wrote down "13, Felix Street." I had nothing to do with the things that were found. They were lying about so that anyone could see them. Sergeant Edwards found some money on me, and when examining it I asked them whether any of it was bad, and they said "No." All my money was in my hip pocket. He then put it into his pocket and went on searching my other pockets. I was taken to the station, when they searched me again, and no more money was found on me. Sergeant Edwards took the money he had found on me from his trousers pocket and put it on the table, where three or four men examined it. I did not see the money found on Jackson on the table. They said everything was all right. I had never seen the coins that were shown to me as having been found in the gutter before. The silver found on me was my takings in the market. Later Tomlin asked me in the cells, after we had been shown the things that had been found, what was going to be done with the home, and I said, "You had better send it home to your mother," meaning the furniture.
(Monday, April 3.)
JOHN HARRIS (prisoner, on oath). Cross-examined. I did not tell the magistrate the story I have told here; I told my solicitor's clerk. I said, "Me and my missus are quite innocent of the charge preferred against us; I gave her £1 on Saturday morning—that was at 11 a.m. on the Saturday in Brick Lane Market. I received the sovereign on the Wednesday from my brother-in-law, who had come home from Africa. The 25s. silver and 2s. 7d. bronze found on me when I was searched was taken in Brick Lane Market, about £1 of it on that day. I have kept a stall there one day a week for three months; I go to different markets. Margaret Harris told me on Thursday or Friday that she was going to move from Spring Gardens to 13, Felix Street, that she had been to the house agent, paid 6s. rent and got the receipt.
I went to 13, Felix Street, on Saturday at 9 p.m., when I met Jackson at the door. I had never seen Jackson before. I had never seen him at 11a, Spring Gardens. It is not true that I looked into the back room. Police-constable Boone was at the back room door and he claimed the two of us and told us to go into the kitchen. Edwards said, "We are making inquiries respecting two women, Tomlin and Lawrenoe, who occupy this floor and are in custody for uttering counterfeit coin." I did not say, "We know nothing about it." I said, "I know nothing about it" I said, "I do not live here, but I come here very often." That was the first time I had ever been down there. I do not know how the counterfeit money came to be at 13a, Felix Street. The shilling said to be the pattern piece for the mould was not found on me.
MARGARET ANN HARRIS (prisoner, on oath). My name is Tomlin. I have been living with John Harris and he told me to move from Spring Gardens. I found rooms at 13a, Felix Street, and he gave me the money to move with—3s., and on Friday I told him I had moved in. On Saturday he came about 3.30 with Jackson.
Cross-examined. On Saturday at 3.30 Harris and Jackson stayed at 13a, Felix Street for about half an hour—they were in the kitchen—I do not know what they were doing. About 7 p.m. I went out to buy food and was taken into custody for passing the two bad shillings. I had lit the fire before going out.
To Mr. Bickmore. I had known Harris for about two months by his coming three times to Spring Gardens. On Saturday afternoon he helped me hang up the pictures, but he put them up wrong and I had to take them down. He knew of my moving. (To the Judge.) On two occasions Jackson saw Harris at Spring Gardens. I do not contradict Smith's evidence. I passed the shilling at the baker's, as stated. The rooms at Felix Street were empty when I took them.
Verdict, Jackson and John Harris, Guilty; M. A. Harris, Not guilty of making counterfeit coin, Guilty of uttering; Lawrence, Not guilty.
No evidence was offered against Lawrence for uttering, and the jury returned a verdict of Not guilty.
Mr. Pickersgill stated that he would proceed against Margaret Ann Harris for uttering.
Convictions proved: Against Jackson, November 1, 1909, at Essex Assizes, 15 months for possessing counterfeit coin in the name of Patrick Flanagan; March 12, 1906, Thames Police Court, three months for larceny; May 2, 1907, Thames, six months for larceny from the person. Against John Harris: On December 7, 1909, at this court, four months for possessing and uttering; February 16, 1907, Old Street, bound over as a suspected person in the name of Alfred Strauss; September 24, 1907, N.L. Sessions, 18 months, stealing a watch; July 16, 1910, Stratford, three months' hard labour, as a suspected person. The Common Serjeant stated that he made a difference in the sentences
on the ground that Jackson had not committed perjury in the box. Sentence, Jackson, four and ahalf years' penal servitude; John Harris, five years' penal servitude.
(Wednesday, April 5.)
Sentence, Nine months' hard labour.
BEFORE JUDGE RENTOUL.
(Saturday, April 1.)
Mr. C. F. Gill, K.C., and Mr. Frampton prosecuted.; Mr. Cassels defended.
FRANK FORBES HIGGINSON , director, Messrs. Blackwell and Co., Limited. Prisoner has been in the company's employ for some years. For some time he has been employed as a storekeeper at our stores at Queen's Circus, Battersea. From time to time we dispose of scrap iron and copper. I should get quotations from various firms who buy scrap copper and, having accepted the most valuable one, I should give Stacey instructions to hand the material over to the one selected. Stacey would have no authority to accept a price himself without communicating with us. The market price of copper is about £56 a ton, sometimes it is £150 a ton. The price of scrap iron is about 30s. a ton. I should arrange with the dealer I sold it to to send his cart to the stores at a certain time to fetch it. The copper would be weighed at the stores and the weight entered up in a book which is kept in triplicate. One copy should be sent to the man who buys the material, one to the head office and the other entered in the advice note book at the stores. Upon receipt of the copy at the head office we should make out the invoice to the purchaser and post it as soon as possible. We have communicated to the defendant once or twice as to the practice of letting us have advice notes. On January 13, 1908, we wrote him: "Please send a formal outward sheet for the goods as per enclosed slip and, in order to avoid any possible misunderstanding in future, please send outward sheet for everything, however small, leaving the stores. This will give a second check which is not possible if slips of paper get lost. On May 6, 1909, we wrote him: "Please see that the office copies of your outward sheets are sent to the office every evening as it is important that all invoices should be sent off as soon as possible after the goods are despatched. In most cases instructions with orders are as follows: 'All invoices must be despatched
at the same time as the goods are sent, otherwise the goods will not be taken in.'" On two or three occasions we have sold scrap iron to Mr. Spill. Each time we sent invoices to him at once. In consequence of certain facts which came to our knowledge, we had a Mr. Hope placed in the works. I heard on February 18 that a quantity of material had been taken away by Spill on the 4th. I had not sanctioned the delivery or agreed the price. On February 18, I got a telephone message, I gave certain instructions and afterwards saw at Clapham Police Court a quantity of scrap iron and copper value about £11. I had not sanctioned the selling of any of that. On February 19 I was at Clapham police station. Prisoner was there when I arrived. He came across to speak to me. I advised him to say nothing. He persisted, and told me it was all a mistake, that they had arrested two other men, that they were perfectly innocent. He told me I had given him orders to get rid of it. I said, "I never told you to sell that material, and you know it." He said the matter was absolutely fair and above board and was all in the books. Three men were detained at that time, Spill, James, and Wilson. I had had an examination of the books made. There was no entry in the books. That is what decided me to charge him.
Cross-examined. James and Wilson were also charged with stealing this property and Spill with receiving. They were discharged by the magistrate. Stacey told me the reason of his having ordered Spill's van there on Saturday afternoon was so that the men who were working in the shop should not be disturbed by the metal being carried through. That is not a good explanation. As far as I know, Spill always collected during business hours. I thought it was strange that prisoner should say: "It is all in the book." Not that it was a statement which could be so easily disproved, but one which could be so easily substantiated. I knew the entry was not in the book. He might have caused the entry to be made afterwards by Hope. I do not say Hope is a confederate of Stacey's. Hope was put there to assist Stacey to keep a proper check, not to watch him. My complaint is that he sold scrap copper without instructions. He had instructions previously to sell material and my firm got the money. I remember the first transaction Stacey had with Spill. Spill handed the money to Stacey and Stacey handed it to us, I remember him having six tons of scrap iron at 24s. a ton. That was collected probably on three consecutive days. I heard that from Hope. He was there when it was collected. We received no entry or advice note as to what was collected on the first or second days. We received on the third day an advice note concerning the whole thing. In the present case some of it was cleared on February 4 and no advice note sent; on the 18th there was still some to be cleared. When a long time elapses like that the advice note should be sent every night. I do not suggest the scrap iron was hidden; the copper was hidden in front of the van. Stacey got prices for scrap iron from Spill and submitted them to us verbally, most likely by telephone. We are very particular with whom we deal with copper. We accept the buyer's weights for the iron. Apart from this charge Stacey has a perfectly good character.
LEWIS EDGAR HOPE , storekeeper to prosecutors. On February 18, while in the office I heard the telephone ring. I answered it. I recognised Spill's voice. He asked for Stacey. Stacey went to the telephone. I heard him say, "Very good, but don't make it too late, I shall have another load for you next week." I communicated with Mr. Higginson. Later on I met Detective Bellinger near the firm's premises. About 3.30 p.m. I saw a van come out of the yard with two men in it. Bellinger and I followed the van till it arrived at Coborn Street, Bow. I did not see what became of it there. Subsequently, I saw it leave and go to the Midland Railway at Old Ford. I afterwards went to 37, Coborn Street, with some police officers, where I saw a number of sacks, the property of prosecutors, containing a quantity of copper.
Cross-examined. I am now prosecutors' storekeeper. I was not asked to leave while Stacey spoke to Spill on the telephone. Everything was quite open as far as I know. It was the information I communicated that caused the detectives to be put upon the watch with me. It was unusual for scrap material to be collected after hours. Wilson was there when the van came, Stacey was not, and took no part in the removal. I have only dealt with scrap twice; Spill had to do with one occasion. There were five or six loads. The advice note was sent the day after the last load was taken. No advice note was sent in respect of any of the earlier loads. No complaint was made.
JAMES DEAN , carman to Mr. Spill. On Saturday, February 4, about 1.30 to 2 p.m. I went with a man named Taylor to Blackwell's at Battersea. I saw James and Wilson. I helped to load the van up. We put in first about half-ton iron and then the copper, which was put in front of the van. Some of the rest of the iron was put on the copper. No paper was given to me. The copper was weighed in my presence. We took all the stuff to Spill's place. The three bags of copper I gave to Taylor, who took it inside the yard. I then took the van to the Midland Railway, Bow; the men there were done work so we put the iron on one side to come Monday morning to have it weighed by the man who buys it. On February 18 we went again to Blackwells about the same time. We loaded up some iron and three bags of copper, which were dealt with in the same way.
Cross-examined. This was just an ordinary job.
Detective JAKES BELLINGER, W Division, gave evidence confirming witness Hope as to following the van.
Sergeant CHARLES GORING, W Division. On February 19, about 12, I saw prisoner at Clapham Police Station. Mr. Higginson was there. I said to Stacey, pointing to the whole of the property in this case, "This property was found at a dealer's named Spill, at Bow. It was taken away from Blackwell's yesterday and about a fortnight ago." He said, "I had authority from Mr. Higginson to sell it. I arranged with Spill to fetch it away and I am responsible for what the other men have done. I have never received a farthing from Spill." I said, "Two men, named James and Wilson, who are now detained here, admit stealing it." He said, "I do not admit stealing it. If the other men plead guilty, I do not. I am perfectly honest,
and I am sure they are. I was trying to ring Spill up on the 'phone for him to come and clear the scrap when I found him ringing me up. Everything I have done is fair and open, and I have nothing to fear."
WILLIAM HENRY STACK (prisoner, on oath). I have been in the employ of Blackwell and Co. nine years. On January 19, Mr. Higginson instructed me to sell this scrap. He said, "Get rid of it." With regard to the earlier transaction with Spill, he did not submit any price before taking it away. We did. not weigh it. The weights for the iron were weigh-bridge weights given me by Spill. The copper was weighed at the stores. We can only weigh about half cwt. at a time of scrap iron. The first transaction was five loads. It took him about three weeks to take it away. I did not make out advice notes until he cleared the whole lot away. In the first case, there was no advice note made out. It was not the custom of the firm. He paid me cash. I handed that cash over to the firm. I was advised to place the whole lot through the books and I never took any cash afterwards. I had two other dealings with Spill on Mr. Higginson's instructions. He told me he would give me the price I mentioned. He took that away in seven loads, occupying six weeks. I made out no advice note until the last lot. I had no complaint from Mr. Hagginson. The letters that have been read refer to the Sales Department, a different department altogether to the Contract Department. With regard to the material the subject of this charge, after Mr. Higginson told me to get rid of it, I telephoned Spill to come and take the whole lot away. That was about January 21. He did not come until about a fortnight afterwards. I asked him to come on the Saturday afternoon, because we were getting to much iron in from Birmingham for this electrification and the shop was so loaded up with carpentry work it would be impossible for him to load any of the scrap through the shop. I left the works at one o'clock. I asked James to see the stuff weighed and let me have a list of the weights, which was given me the next Monday. I put it in my pocket and should have kept it until the last load went, when I should have copied it into the outward sheet which would be sent to the office. James is my brother-in-law. I had no arrangement with James to steal this stuff. I had no arrangement with Spill that I should be paid personally for any of it. I was not present on the 4th or 18th.
(Monday, April 3.)
WILLIAM JAMES , fitter, employed by Messrs. Blackwell. Stacey is my cousin. I have been in Blackwell's employ about four years. I assisted to load some scrap iron and copper on February 4. Stacey told me Spill's carmen were coming. I had no special instructions about the method of loading. I was to keep the copper from the iron, So that it should not be mixed up. The scrap copper was weighed, not
the iron. I made out a list of the weights of the copper on February 18. Wilson made it out on the 4th.
GEORGE SPILL , 37, Coborn Street, Bow, iron and metal merchant. I have had several transactions with Messrs. Blackwell and Co., several before the first transaction with which Stacey had to do. The first transaction with Stacey I paid him for in cash. The second was paid by cheque made out to R. W. Blackwell. The next would be this last one. My transactions with Blackwell's were conducted by telephone as a rule. There was no special arrangement with Stacey about the telephone. I knew what I was going to fetch when I sent on February 4. Stacey told me when I called he would have some scrap iron and copper. I saw the iron. I do not think I saw the copper. I have only one van. I should think there was five or six loads. I would send for it when I was slack. I never arranged with Mr. Higginson as to price. lit was all done through Stacey, as far as I know. On February 4 I sent the van and two men. The only instructions they had were to go there for scrap. I did not see it when they came back. Stacey did not ask me to call on the 11th. I did not send, because I had other work. I should not have sent a cheque till the job was completed. That was in accordance with my usual arrangement with Blackwell's. I should not have given any money to Stacey.
Cross-examined. The police came to my yard about 7.30 on the Saturday night. I was detained in custody. The stuff was moved from my place on the Saturday. I keep no books. I have a pair of scales. I can weigh two or three hundredweight on them. The scrap copper I bought from prosecutor's was scrap copper, electric lighting cable. That was in 1909. With regard to all my transactions with them there were proper documents. I knew the copper was valuable. I arranged with Stacey to buy it at the current price of the day. Stacey did not say what quantity there was. I understood three or four hundredweight. I did not see it. I got the market price of the day from the daily paper. If the stuff was worth £50 a ton I could not afford to give more than £52 for it. I have to get my profit on it. If I gave £52 or £53 I should sell it probably for £56. I only knew Stacey as a servant of the firm. When I buy stuff I weigh it. I did not weigh this lot. I kept no record of it, I had no time to put it down really. I had no advice note from the firm; I should have checked their weights with mine. I do not generally weigh everything up as it comes in. I saw Inspector Ward on Saturday a little after 7 p.m. He told me he was making inquiry about the scrap iron and copper. I told him the last time I fetched any was about three weeks ago. The copper that was found at my place was put there by Taylor. It was in a shed. I do not know what was on top of it. I submitted prices to Blackwell's on the first occasion; that was in 1907.
(Tuesday, April 4.)
leaving a deficit of £9 6s. 7d. On February 9, I requisitioned for £45; paid wages £32 10s. 4d., petty cash £1 12s. 9d., leaving me a balance in hand of £1 10s. 4d. On February 16 I requisitioned £45, paid wages £40 3s. 7d., and petty cash 19s. 10d., leaving a balance of £5 6s. 11d., which was part of the £16 found on me, and which I have since returned to Blackwell and Co.; the remaining £10 was my own money.
Verdict, Not guilty.
Prisoner was then tried for that, having been entrusted with certain property, to wit, a banker's cheque for £5 3s. 4d., in order that he might deliver the same to E. Blackwell and Co., Limited, he did unlawfully fraudulently convert the same to his own use and benefit.
Mr. Cassels stated that he had no objection to the case being tried before the same jury.
WILLIAM GARDINER , 104, South Lambeth Road, brass founder. On September 8, prisoner, whom I knew as being in the employment of Blackwell and Co., Limited, called on me and said that he would have some borings to sell, that he had spoken to the governor and he had said, "If the men like to sweep them up they can have them." I said, "If you have the permission of the governor that is all right." Two men afterwards brought me 310 1b. of gun-metal borings, and stated that it was from Mr. Stacey. I weighed it and gave a receipt. Prisoner called and said, "I suppose you have the stuff all right?" I then gave him open cheque for £5 3s. 4d. (produced), which has been paid by my bank. Towards the end of 1908 I had bought from Blackwell and Co., Limited, 5 cwt. of scrap copper at 60s. and 1 cwt. of gun-metal borings at 37s. 4d., receipt for the payment of which (£16 17s. 4d.) I produce in prisoner's handwriting.
Cross-examined. I knew who prisoner was, he made no secret about it I think he first called three weeks before September 8, 1909, which is about 11 months after the previous transaction. He called with reference to some castings which were ordered by his firm. I made out the cheque; he signed the receipt in his own name; I regarded the transaction as a deal with the prisoner.
FRANK FORBES HIGGINSON . There is no foundation at all for the statement that the men were entitled to sweep up and take away the borings which were the outcome of our drilling machines. I have previously sold them to Gardiner with scrap copper. The £5 3s. 4d. was never accounted for by prisoner. The finding out of this transaction led to the detectives being employed to watch and the charge being made in the previous case.
Cross-examined. We have several drilling machines. It would take about a month to turn out 310 lb. of borings. The sale to Gardiner of a hundredweight of borings was 10 months previous to this one. It is quite possible there ought to have been 3,000 lb. of borings accumulated—it looks as if there had been a leakage. Leeming was in my employment in February, 1909—he had been with us five or six years; he was employed as cost clerk at the London office and would occasionally go to the stores. I think he began to go
there in February, 1909. He had no authority to permit prisoner to take or sell borings. Leeming left of his own accord to improve his position; he is a very respectable man. He was not over the prisoner.
Cross-examined. I frequently visited the yard to see how the work was getting on and generally to give instructions of various kinds. I am not aware that prior to 1908 the men threw away the gun-metal borings. They were kept in a box behind one of the lathes. There was no complaint ever made about the gun-metal borings to my knowledge. Blackwell and Co. had two drilling machines, a lathe, and another lathe that I lent them. I remember seeing that the borings were being saved. I never said to prisoner, "What are these—perks?" Someone from the prisoner called on me last Sunday and asked me to come here on behalf of prisoner and state that I gave him permission to sell the borings for himself. I absolutely deny that I ever gave prisoner any such permiission.
WILLIAM HENRY STACEY (prisoner, on oath). In October, 1907, I went to Batter sea to take charge of the stores. The invoice of November 26, 1908, for scrap copper and gun-metal borings, £16 17s. 4d., is in my writing, but I do not remember the transaction. When I went to Battersea the metal borings from the drilling machines were thrown on to the rubbish heap outside and are there now. The floor was then earthen; I had some boarding put down and then started sweeping up the borings and saving them—I did it quite openly; anyone could see them. After having saved them for about two years I took them to Gardiner quite openly and sold them for £5 3s. 4d., as stated. I had not the slightest idea of doing anything wrong; thrown on the heap they would have been lost to the company in precisely the same way. Leeming told me that I could do as I liked with them. I kept the cheque for some time before cashing it.
Cross-examined. I thought it was a perfectly legitimate thing to sell these borings and keep the money. When I told Gardiner I had spoken to the "governor," I meant to Leeming.
Verdict, Not guilty.
BEFORE MR. JUSTICE A. T. LAWRENCE,
(Monday, April 3, 1911.)
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
Monday, April 3.)
HOPE, otherwise TAYLOR , Robert (21, sorter), and TUREEN, Walter (19, clerk) , both unlawfully attempting to dissuade and prevent Henry Thompson from appearing at Bow Street Police Court to testify the truth and give evidence before the magistrate touching a charge of felony against Joseph Taylor.
Mr. Elsley Zeitlyn prosecuted.
HENRY THOMPSON , 68, Falcon Street, Dorset Square, estate agent. On February 25 at Vine Street Police Station I charged Taylor (prisoner Hope's brother) with stealing a ring. After having made the charge I was walking towards Leicester Square when Hope met me, asked me what I was going to do about his brother and said it would not do for me to charge him as he was very popular among the boys. Two other fellows came up and said to Hope, "Your brother did not steal the ring—a fellow named Dick had it." They gave Hope the address of 12, New North Street, and said, "If you go there there is a lad there named Wally." Hope and I then went to 12, New North Street, Theobalds Road, where we saw the prisoner Tureen, who said he knew who had the ring and asked me how much I would pay to get it back. He said I must not charge Taylor because he was a great favourite among the boys—it would go very hard with me if I did charge him. He asked if I was prepared to pay half a sovereign for getting the ring back. I said "No." He then asked me to meet him the next morning at ten o'clock at Southampton Row before going to give evidence; he would bring me my ring and I was to withdraw the charge and say that I found the ring in my pocket on returning home. The next morning I went to Southampton Row and met. Hope. After waiting some time, as Wally (Tureen) did not come, Hope went away to go to 12, New North Street, returned and said he had seen a girl there who said Wally had gone to Kennington to see Dick. Hope said, "As you have not got your ring you cannot go to the court—there will be a lot of the boys about there." I then went to Southampton Row Post Office and sent telegram produced: "Inspector, Bow Street Police Station. Ring stealing charge Vine Street 12.30 last night withdrawn.—Thompson." I gave a copy of the telegram to Hope; I did not go to Bow Street, as I was afraid of Tureen's associates. At 4 p.m. I was taken under escort to Bow Street and afterwards pointed the two prisoners out to Sergeant Prothero. The ring was stolen from me in the Crown Hotel, Charing Cross Road, where Tureen and others are generally hanging round.
Cross-examined by Hope. I do not know the man called "Dick" or "Long Dick." At Southampton Row you said as it was so late you did not believe that Wally had found the fellow who had got the ring.
Cross-examined by Tureen. You said, "You were silly to let him go—he had the ring in his left hand pocket." I do not accuse you personally of threatening me; you were amongst the crowd of boys that were outside the "Crown Hotel."
Sergeant JOHN PROTHERO, C. Division. On February 25 prisoner were pointed out to me by Thompson outside Bow Street Police Court. They were taken to the station and placed in the detention room; I read the warrant to them which had been obtained from the magistrate on the (production of the telegram. Hope said, "I took him" (prosecutor) to 12, New North Street, where we saw Wally. I wanted Wally to give back the ring and for the prosecutor to withdraw the charge against my brother." Tureen said, "I will make it hot for him when I am out of this. This is what you get for trying to get the ring back." I afterwards found in the detention room fragments of paper (produced) which I put together and which are a copy of the telegram sent to Thompson. Prisoners were conveyed to Vine Street Police Station and charged. Tureen said, "If he had got up at eight o'clock this morning, as he had appointed, I would have got the ring. He came round to ask me if I knew the fellow who had got the ring." Hope said some time afterwards, "I was with him," referring to the prosecutor. Tureen said, "I will murder him for this. I would like to have him here alone for five minutes."
Inspector GEORGE WHITE, C Division. On February 25 at about 5 p.m. I read the warrant to the prisoners. Hope said, "I was with him (prosecutor) all the morning. I did not stop with him. We were trying to get the ring back." Tureen said, "He came round and asked me if I knew the fellow that had the ring." He afterwards said, "I will murder him for this; I would like to have him on my own for five minutes." On February 27, when the prisoners were in the dock at Bow Street Police Court, Tureen clenched his fist and said, "Let me get at him, I will murder him. I will give him something for this when I get out."
MYER NIEMAN , 3, George Place, Regent's Street. I have known Walter Tureen for eight years, since he was a schoolboy. He worked for me. I am a butcher by trade. He has borne a good character, I have never heard anything against him.
Verdict, Each Guilty. We do not think that they realised the seriousness of the charge.
Sentence (each), 14 days' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Tuesday, April 4.)
guilty to unlawful wounding, which plea was accepted by the prosecution. He received an excellent character.
Prisoner was released on his own recognisances of £50 to come up for judgment if called upon.
LUDOVICI, Martin (61, baker) , feloniously setting fire to a certain house and shop, to wit No. 170, Jamaica Road, with intent thereby to injure and defraud the Commerical Union Assurance Company, Limited.
Mr. P. B. Petrides and Mr. Nixon prosecuted; Mr. Wells Thatcher and Mr. Arthur H. Forbes defended.
Police-constable ALBERT TROTTER, 186 M, produced and proved a model of 170, Jamaica Road, Rotherhithe, and explained in detail the position of four points at which he had seen indications of a fire having been started.
Cross-examined. I was not present when the fire broke out; I saw the building a week afterwards. No one showed me where the fires originated; I looked for myself. The first fire was behind the door which leads on to the staircase from the bakehouse in the basement, and on the bakehouse side of the door; the fire had not got on to the stairs. The second fire was also in the basement in a recess of the bakehouse. The woodwork was burnt near these fires and there was a small space in the roof where the flames had just caught hold. The third fire was on the ground floor at the foot of the stairs and it appeared to be a distinct fire because the woodwork between that and the others fires had not been burnt. The next fire was on the first floor near the back bedroom door, which appeared to be a distinct fire. It would seem impossible for these fires to have caught from the fires in the basement unless liquid were used, and I smelt no signs of it.
Re-examined. The door leading from the yard into the street had a piece of piping used as a bolt passing through a staple.
(Wednesday, April 5.)
Police-constable WM. WEEKES, 378 M. About 4 a.m. on March 5 I was on duty opposite 170, Jamaica Road, when I saw an unusual flickering light in the basement at the rear of the shop. I knocked at the door loudly with my truncheon and got no response. Eventually I went through a door at the back and saw the fire all over the floor, I should think a yard square. I went upstairs into one room in which there was a bed. Returning to the living room downstairs I saw a glaring blaze in the passage. I got through the backroom window on to a ledge, and I heard somebody moving in the yard. I asked who was there; prisoner replied, "I am the governor of the premises." I dropped into the yard and spoke to prisoner; he was fully dressed, with an overcoat under his arm. I asked him if there was anyone else in the house. He said, No; I was the only one sleeping here tonight; I heard something drop into the shop, and I ran into the passage and saw it was on fire." We went to the front of the house, where prisoner watched the progress of the fire, and was spoken to
by Inspector Brown, who, with other officers, had arrived upon my giving the alarm.
Cross-examined. The bed I mentioned appeared to have been slept in.
Inspector JAMES BROWN, M Division. Seeing prisoner looking in at the shop window I said to him, "Who are you?" He said, "This is my shop." I asked, "Is there anyone on the premises?" he said, "No, I was the only one there." After the fire had been extinguished I spoke to prisoner again. He told me he was not married. I asked, "Who does for you about the house?" he said, "My daughter; she left early last evening to go to Cambridge to see her husband; I did keep a servant, but she left last Friday. I employ two journeymen; one left work yesterday afternoon at three; the other left at half-past six." Later on I said to prisoner, "Will you come with me? I want to show you something." We descended the staircase leading from the shop into the bakehouse; when we were in the bakehouse I pushed the door to, and said, "You see this side of the door is very severely burnt"; he made no reply; I then opened the door and said, "You see this side of the door is only scorched, that must have been from the heat on the other side." He made no reply. He accompanied me to the passage and I pointed out to him the severe burning at the foot of the stairs and said, "That could not have been caused from the burning of the door in the bakehouse." He made no reply. I said, "There is only one bed in the house." He said, "Yes." I said, "Then, how do you manage for sleeping accommodation?" He said, "My daughter and servant occupied it by night, I slept in it in the day." I said, "How did you know the premises were on fire?" "he said, "My dog whined and woke me; I then smelt something burning; I got up, took my clothes under my arm, ran into the yard and dressed myself." He also said that at half-past nine on the previous night he locked the door at the end of the passage on the ground floor and went to bed at a quarter past 12; when he came down in the morning he found the door open. On March 15 I made a further examination of the place. In the bakehhouse there are two storerooms; in one there were stacked some sacks of flour; in a recess under the stairs there was a box standing on end, very near the stairs; the top of it had a hole burnt through it and the step of the stair immediately above it had a small hole burnt through it; and the step of the stair above that was charred.
Cross-examined. I only saw signs of two fires. I am sure prisoner told me that "his daughter" (not "the servant") had gone to Cambridge.
WILLIAM SUTHERLAND . I worked for prisoner as a journeyman baker for about nine months. I left the premises on March 4 about 1.15 p.m.; everything was all right then. In the bakehouse there were three or four empty cheese boxes and some cardboard boxes; the latter were on the top shelf in the shop. On the 5th I went to the
place and the fireman in charge let me in; the cardboard boxes were not on the shelf; the shelf was not burnt; the cards must have been removed; the cheese boxes also had been removed.
Station Officer JAMES RIDDLE, Gomm Road Fire Station, who was the first of the brigade on the scene, said that in his opinion there were four separate fires; his theory was that mineral oil had been used to set fire to the cardboard boxes, and that the trap-door in the roof had been left open to assist the fire.
Lieutenant-colonel CHARLES FOX, chief officer of the London Salvage Corps. I visited these premises on March 7. In the shop there was no evidence of fire; in the passage at the back there was evidence of a fire having originated at the bottom of the stairs. In the bakehouse at the back of the stairs and in a recess there were evidences of fire; also on the first floor and on the landing of the second floor. I am convinced that there were in this house three separate fires; I am of opinion that there were five.
ALEXANDER McCAIRN , clerk to Glasier and Sons, surveyors, 7, St. James's Street, W. Prisoner took over the lease of 170, Jamaica Road on June 24, 1906; the rent was £50 per annum, and insurance premium 24s. per annum; that covered an insurance of £800 on the buildings with the Commercial Union Company.
HERBERT J. BOOTH , of the Phœnix Insurance Company. In June, 1906, prisoner took over from the previous lessee a policy of insurance for £550. At Christmas, 1907, he increased the amount to £800, covering for stock in trade £400, fixtures £100, household furniture £300. No claim has been sent in in respect of this fire, but prisoner has intimated a loss.
JAMES ROBERT MARTIN , agent to the Phœnix Company. On March 9 prisoner came to me and said he had had a fire and asked me to. look in and see what amount he could claim. I went and looked over the things that concerned us, and wrote to the office for a claim form for prisoner to fill in; before the form came prisoner had been arrested.
Cross-examined. Prisoner explained that the reason he had not made the claim immediately was that he had been queer. I asked him how the fire occurred and he said that somebody must have had a hand in it. I have known prisoner for six years; he bears a good character and is respected in the neighbourhood. The damage done under our policy amounted to about £5.
MRS. WELLS, living at a house backing on to 170, Jamaica Road, spoke to seeing furniture removed from the latter house on March 2.
Police-constable ARTHUR G. RUSSELL, 338 M. On duty in Jamaica Road, I passed No. 170 about 11.30 p.m. on March 4, and tried the doors; everything was securely fastened, and there were no signs of fire.
Detective-sergeant RANDLE HOBBON. I examined these premises on March 6. Behind the bakehouse door I found a quantity of burnt cheese boxes; some of the remains appeared to have a greasy substance adhering. On the first floor I found a box of lard or some other greasy substance. I also found a number of unreceipted bills. I
arrested prisoner on the 11th; on my reading the warrant he said, "I did not think I should come to this after all these years. I have sold my business and the furniture is moved out; it was made over to my daughter before her mother died. Someone must have set fire to the premises out of spite."
Cross-examined. I have made inquiries as to prisoner; he has borne a good character and has been looked upon as a straightforward tradesman.
Detective-inspector FRANCIS CARLIN, M Division. On March 11 I showed prisoner the bills found by Hobson. He said, "I know I owe a lot of money; all men do in business; I have no money to meet the bills, but I have plenty of friends to help me; business is bad; I sold my business to a man named Holt for £300, but I have not got the money yet; the man called last Thursday at my shop to see me, but I was not there; the fireman told me that he called."
Cross-examined. Prisoner is undoubtedly a respectable man; he has been in one business for 26 years.
MARTIN LUDOVICI (prisoner, on oath). I am 61 years old; I am a German; I have been in this country since 1869, and in business as a baker since 1880. I was a master baker in Battersea for 26 years, and during that time was insured. I have been at Jamaica Road nearly five years. On the night of this fire I went to bed about a quarter-past 12; the place was securely fastened up and everything was right at that time. I was alone in the house. In the night I was awakened by my dog (which was in my bedroom) making some noise; I opened the door and found the place was full of smoke. I took my clothes and ran downstairs. I had not heard any knocking at the door; I had had a hard day's work and was very tired; I am a bit deaf. When I got down I found that the back gate, which I am certain I had bolted before going to bed, was unfastened. I told Inspector Brown that my servant (not my daughter) had gone to Cambridge. I sent my furniture away on March 2; my daughter had lent me money on it and I made it over to her on March 12, 1910. The reason I increased the amount of insurance was because I had always at Battersea been insured for £800. What I said to Carlin about owing money was this; he showed me the bills and I said, "Yes, I know I owe that money"; I have owed more than that from time to time; the bills were for things during the quarter just ending.
Gross-examined. I have no suggestion to make about the fire, only someone must have opened the gate that I had left locked; I cannot say that I have any enemies who would do this out of spite to me. I cannot explain why the police and fire brigade officers should agree that there were separate fires; it is all a mistake. Holt is a master baker; I do not know his address; I have no document to show
that he was going to purchase the business; he was going to bring it on the Monday (March 6); he had heard from a traveller that I wanted to sell the business.
Re-examined. Was the man who wanted to purchase your business named Lauf?—No. Holt.
Mrs. ROBINSON, prisoner's daughter. Two or three weeks before the fire a man named Lauf called, with his wife, as to taking over the house and business. I showed Mrs. Lauf over the house, and further showed Mr. Lauf over the bakehouse, etc.; I do not think father properly caught the name of the people. About a year ago my husband and I lent prisoner £50, and he signed a note to say that we were to have the furniture.
Mrs. LAUF. About ten days before the fire my husband and I went to prisoner's shop with a view to our purchasing his business; I do not think prisoner knew my husband by name. My husband has been in the bakery trade for 35 years; he was willing to pay £300 for this business. We went again on March 7 and found that there had been a fire. We are still negotiating to buy the business.
(Thursday, April 6.)
Sentence, 12 months' hard labour.
BEFORE JUDGE RENTOUL.
(Tuesday, April 4.)
Mr. Purcell prosecuted; Mr. Eustace Fulton defended.
ALICE DUBOIS , 5 Flat, Tenison House, Green Street, Leicester Square, prostitute (through an interpreter). In July, 1910, I came to England with my servant, Eugenie Viennée, and took my present flat. On January 8, 1911, at 5 p.m., my servant being out, my bell rang. Prisoner appeared at the door. I had never seen him before. He asked if I was alone; I said "Yes"; he pushed his way into my bedroom, said he was a detective and had been instructed to arrest me for what I was doing. I told him it was not possible—it could not be—told him to wait till my servant came in. He said that was not possible, that I was to hurry up and dress; he said, "This has lasted quite long enough;" he told me if I did not want to be arrested I was to give him £50. He was standing in front of the table on which were my six rings value £80 (produced). I said I could not give £50.
He took the rings from the table, threw to me an address "23, Charing Cross," and said he had taken the rings for security, and that I was to take the £50 there. Later in the evening I found 23, Charing Cross, was an empty house, and that 23, Charing Cross Road, was the Alhambra Theatre. On January 21 prisoner came to my flat and asked why had not I gone to that address and taken the £50. I said he had given me an address that did not exist. He said if I would give him the £50 he had the pawnticket with him for two of the rings. He handed me the ticket, dated January 10, showing two rings had been pawned with Brabbington for £18. I have since redeemed them. Prisoner said I ought to have a protector in order that no harm should come to me, that he would come back on the Monday with another gentleman to bring me the other rings, and I was to give him the £50. He gave me his name, "Emile Auriol," on a piece of paper. On Monday prisoner came with another man and said he had come back for the £50. I said, "All right, I will give you £50; give me the rings." He handed me three tickets (produced) from his pocket, and one ring. My servant was behind the door, I handed the tickets and ring to her, and said to prisoner, "I am not going to give you anything. Go out or I will call the police." He then left. On Tuesday, January 24, at 1.30 p.m., he came and said he must have the £50, or I would not leave the flat alive. He told my servant to go out, and pushed her. She shouted, and a man name Steinmuller came in and gave prisoner a blow with his fist. I then swooned.
Cross-examined. I know Steinmuller as a man introduced to me by my servant to sell me jewellery. I had seen him once before. My servant had brought him to the flat. I believed prisoner was a detective. My servant told me it was impossible he could be an English detective. I was not living under the protection of Steinmuller. I did not borrow 200 francs from prisoner. I never asked him to pawn my rings.
Eugenie Viennee, 202, Newport Buildings, married woman, corroborated.
(Wednesday, April 5.)
Prisoner withdrew his plea and pleaded Guilty.
Sentence, 21 days' imprisonment; recommended for expulsion under the Aliens Act.
Mr. Malcolm Carter prosecuted; Mr. Purcell appeared for prisoner.
It was stated that prisoner had come over at the invitation of Dubois, the prosecutrix in the last case, he having been deported as a criminal alien, and had attacked Auriol in defence of Dubois. A eturn ticket was found in his possession.
Prisoner was released on his own recognisances to come up for judgment if called upon, and to leave the country forthwith in accordance with the order of deportation already made against him.
BEFORE JUDGE RENTOUL.
(Wednesday, April 5.)
LEVY, Sylvain (38, butcher) and LELEN, Albertina (27) , both unlawfully procuring and attempting to procure a woman to become a common prostitute, and conspiring together and with one named Max Rehe to commit the said offence.
Mr. Symmons prosecuted; Mr. Purcell defended.
Sentence, Levy 18 months' hard labour; Lelen, three weeks' hard labour; both recommended for expulsion under the Aliens Act.
BEFORE MR. JUSTICE LAWRENCE.
(Thursday, April 6.)
Mr. Aubrey Davies prosecuted; Mr. Purcell defended.
HERBERT DOWELL , 1, Alpha Chambers, Edgware Road, labourer. On February 14 I lived at 5a, Alpha Chambers; my brother slept in the same bed with me; prisoner slept in a single bed in the same room. On February 14 I went to bed between 10.30 and 11 p.m. At about 11 my brother came in and went to sleep; I was awakened by hearing the prisoner and my brother talking. Prisoner said, "Fetch him out of bed, Bill, and I will kill him out here. Wait a minute, I cannot find anything here to do it with. I will go in the kitchen and see what I can find." I heard prisoner leave the room, taking the light. I then went to sleep. Presently I received a severe blow on the side of the head. I shouted out, "Stop him, Bill, he has hit me with something." I jumped up in bed and saw prisoner standing with chopper (produced) in his hand. I tried to run out of the room. My brother stood with his back to the door; he was drunk; he stood there half asleep. I said, "Stop him, Bill, he has hit me with that." My brother said, "Give him another one, George." I got the chopper away from prisoner and threw it amongst the bedclothes. Prisoner struck me. The landlady came and said, "What is the matter?" I said, "He has hit me with this—take care of it. I am going to give him in charge." I put my trousers on. Prisoner assumed a fighting attitude, and said, "If I cannot find anything else to kill you with I will kill you with my hands." I struck the prisoner twice and knocked him down; he was absolutely drunk and helpless; I just pushed him down. I asked
him to leave me alone—did he not think he had done enough? He said, "No, I shall not be satisfied till I kill you." My brother then dragged me away from prisoner. I ran downstairs, and my brother threw me my overcoat, which I put on and went out, prisoner following. I gave him in charge to a constable. Prisoner said, "Let me go and I will kill him." I had never quarrelled with prisoner, although he very rarely spoke to me.
Cross-examined. I did not at first take the prisoner seriously; I did not think it was in him to do it. Prisoner frequently gets drunk; when sober he is a well-behaved man. I have never seen Mm violent before. My brother was also drunk.
WILLIAM DOWELL , 15, Brindle Street, brother of the prosecutor. Prisoner awakened me, and said, "Bill, wake him up, let me have a go at him." He took the candle; I thought he was going to the lavatory. I fell asleep and was awakened by my brother shouting, "Bill, stop him, he has hit me with something." The prisoner and my brother were exchanging blows. Prisoner sat on the bed helpless, and my brother was hitting him. I saw my brother's head bleeding, and called to the landlady for a handkerchief, with which I bound his head. He then put his trousers on and went out. I put my overcoat over his shoulders and followed him; we found a constable and gave prisoner in charge.
Cross-examined. I had seen prisoner drunk in the evening before this occurred. When he came in the landlady had put a notice on the bed for him to leave, and the bedclothes were removed. I said, "Lay down on that mattress and I will throw my overcoat over you." He had his clothes on. He was then helpless drunk. I am sorry to say I was not sober. When not in drink the prisoner is quite a well-behaved man.
ARCHIBALD WALLACE DUNLOP , house surgeon, St. Mary's Hospital. On February 15, at 3.30 a.m., prosecutor was brought into the hospital. He had a cut about 2 1/4 inches long on the scalp, about the left ear; there was some fracture of the scull. An hour later he was operated upon and loose pieces of bone removed. The injury might have been caused by the chopper produced. He was discharged from the hospital on February 28. I should call it a dangerous wound. Ha has recovered, but he may again suffer from the injury.
MARGARET THORNTON , 5a, Alpha Chambers. Prisoner, prosecutor and his brother lodged in my flat. On February 14 I put on prisoner's bed a paper (produced), "Please take your things out of my place to-night. What you owe me I will come to you about." He owed me 26s. I had taken the bedclothes away. Early in the morning I heard screaming, went into the passage, saw prosecutor standing in his bedroom doorway with blood streaming down his face. He said George had done it. I said, "Whatever with?" He said, "With the chopper." I fetched a towel to bind his head up, and he went out with his brother.
Police-constable JOHN BROWNING, 77 F. On the early morning of February 15 I saw prisoner outside 5a, Alpha Chambers. I told him I should arrest him for striking the prosecutor on the head with an
axe. He said, "Oh, yes, I hit ham with the axe all right." Seeing the prosecutor behind he said, "Let me go, I will kill him."
Cross-examined. Prisoner was drunk. He gave me no reason for wishing to kill the prosecutor.
Police-constable JOHN TELLON, 58 F, corroborated.
Inspector THOMAS TAPPENDEM, F Division. I told prisoner he would be charged with attempting to murder the man Dowell by striking him on the head with a chopper. He said, "I hit him with something; I do not remember what it was. I know he hit me in the mouth and loosened my teeth." When charged he said, "I do not remember anything about the axe."
Cross-examined. I have made inquiries about prisoner, and have ascertained that he is an industrious workman, but given to drink. He has been seven years at the Old Times Furnishing Company, and at Tilley's, New North Road, seven or eight years. Prisoner is undoubtedly a respectable man, and a docile man when not in drink. He is a painter. At 8 a.m. the next morning he was still sodden with drink.
Verdict, Guilty of unlawful wounding.
Sentence, Eight months' hard labour.
BEFORE THE BECORDER.
(Tuesday, March 28.)
Prisoner was released on his own recognisances in £25 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 28.)
Prisoner was stated to have been in possession of extensive coining plant and 57 bad half-crowns of good make. Previous convictions proved: June 25, 1906, at this Court, ten months 1 hard labour for
possessing and uttering, after nine other convictions, commencing in 1897 for larceny, frequenting, etc.
Sentence, Five years' penal servitude.
BEFORE THE RECORDER.
(Wednesday, March 29.)
Prisoner confessed to having been convicted at Clerkenwell Police Court on April 20, 1910, receiving six months' hard labour for a similar offence.
Sentence, Nine months' hard labour.
LEIGH, Thomas (34, salesman), pleaded guilty of, in the county of London, stealing two geldings, the goods of Messrs. Charrington and Company, Limited; in the County of Essex, stealing one gelding, one set of harness and other articles, the goods of Sir John Bethell; in the County of Hertford, stealing two geldings and three mares, the goods of the Patent Steam Carpet Beating Company, Limited.
Prisoner confessed to having been convicted on May 30, 1907, at this Court in the name of Alfred Jones, receiving four years' penal servitude for receiving horses, etc., after seven previous convictions, including three years' penal servitude; liberated on ticket May 28, 1910; has now 12 months to serve.
Prisoner was stated to have recently inherited a legacy of £800. Mr. Metcalfe applied under the Forfeiture Act, 1870 (33 & 34 Vict. c. 23, s. 4), on behalf of purchasers of the horses, one of whom had lost £154 and another £100, for an order on the prisoner to restore £100 in each case.
The Recorder said that there was no record of an order under the section referred to, and he would leave the claimants to their civil remedy.
Sentence, Three years' penal servitude.
On Friday, March 31, Mr. Metcalfe renewed his application for an order against prisoner's estate under the Forfeiture Act, which would have the effect of a judgment, admitting of immediate execution, whereas the civil remedy involved delay, during which the estate might be disposed of.
Prisoner was directed to be brought up on Saturday morning, when, the prisoner being present and represented by Mr. Purcell, on the affidavit of the managing clerk of the solicitors for the prosecution, an order was made for the payment from prisoner's estate of £89 and £65 to the purchasers of horses in respect of two indictments.
BEFORE THE COMMON SERJEANT.
(Thursday, March 30.)
INGRAM, Thomas (46, waiter) , unlawfully uttering on March 9, to Henry Holland a counterfeit shilling knowing it to be counterfeit, and on the same day another to Mary Ann Marney, knowing that to be counterfeit.
Mr. Beaumont Morice prosecuted.
HENRY HOLLAND , barman at an eating house in Broadway, Stratford. About 10.40 p.m. on March 9, prisoner came into my bar with two other men and asked for a pennyworth of tobacco. I served him. He tendered a shilling in payment. I found it was a bad one and handed it back. He walked towards the fire and pretended to throw it in the fire. He then gave me a good sixpence, and a little while afterwards went away. The coin produced to me is the one. I recognise it by the marks I made on it with my teeth.
MART ANN MARNEY , wife of Charles Marney, tobacconist, Angel Lane, Stratford. About 10.55 p.m. on March 9, prisoner came into our shop and asked for half an ounce of best shag, 2 1/4 d. He tendered a shilling in payment; I gave him 3 3/4 d. and asked him to wait while I went inside to get a sixpence. When I returned to the shop prisoner had gone. My husband went after him and brought him back. Subsequently a policeman came and searched prisoner. This packet of tobacco, produced, is the one I sold him, and this coin, produced, is the one prisoner tendered to me.
CHARLES MARNEY , husband of last witness. My wife came into the parlour and showed me this counterfeit shilling now produced to me. I went into the shop, but prisoner had gone. I went out and found him standing outside a gateway on the other side of the road. I told him he had given a bad shilling. He said, "Let me go," and walked to the end of the street. I told him to come back to the shop and explain himself, and as a few people got round and advised him to come back, he did so. Meanwhile my wife had got a policeman. The policeman searched prisoner in the shop, and found another bad coin as well as other money on him.
Police-constable JOHN KIRBY, 692 K. I found prisoner detained in last witness's shop. Mrs. Marney made a statement to me in prisoner's presence, and I said to prisoner, "I am going to search you now." He said, "All right, I am willing to be searched; I have got no more about me." I searched him and found one counterfeit shilling, one good two-shilling piece, 11 sixpences, 1s. 7 1/2 d. bronze, three packets of tobacco, a box full of tobacco as well, and a bar of choco-late. These are the things now produced, and this is the counterfeit shilling.
THOMAS INGRAM (prisoner, on oath). I had six pawntickets in my possession. I sold three to a Billingsgate Market porter for 8s. He gave me two two-shilling pieces and four separate shillings, and took me in the Swan publichouse at the corner of West End Lane and treated me. He said, "If they turn out as you say I will give you a bit more." I then left him and was arrested the same night.
Cross-examined. I remember going into the eating house and tendering one of the shillings. I did not know it was bad. I turned round to the fire with the intention of destroying it, and then I thought why should I be a shilling out; I will keep it till I see the man again and tell him of it, so I put it in my pocket. I told the constable later that I had no more on me, because I no more knew that I had a second bad coin on me than a child unborn. I only live a minute's walk from Marney's, the tobacconist's, and if I had had bad money I should not have gone in there. I explain having had two or three packets of tobacco upon me by the fact that one or two of the lodgers who stay at the same place as I do are very good to me and give me tobacco when I have none, and I bought the tobacco for them. I left Mrs. Marney's shop before she returned with the sixpence because I saw a friend outside, and I stood talking to him while I was waiting for the change. I bought the tobacco in different shops because first I thought of one man that I would like to make a present to and then I thought of another. I account for having the large quantity of bronze money in my pocket, and not paying for the tobacco in coppers in this way; it is a mania of mine to have a lot of small money in my pocket. If I have half a sovereign I change it at once and do not mind if it is all in coppers.
Verdict, Guilty. A long list of previous convictions was proved.
Sentence, 20 months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Tuesday, April 4.)
Mr. Leycester and Mr. Graham-Campbell prosecuted; Mr. Warmington defended Blomfield; Mr. Eustace Fulton defended Browne.
Sentence (each), 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 28.)
JONES, George Godfrey (23, musician) , obtaining by false pretences from Thomas Arthur Cole one mandoline and other articles, with intent to defraud; stealing one violoncello, the goods of Sidney Maxwell and another.
Mr. C. Harvard Pierson prosecuted.
The indictment with regard to Cole was tried.
THOMAS ARTHUR COLE , 24, Merton Road, Wimbledon, jeweller and clothier. On Saturday, January 6, 1911 at 12 noon, prisoner (whom I have known as an occasional customer for about two years) asked me if I had got a second-hand guitar in stock. I told him "No," but could get him one, which he said would do. We looked through the catalogue and he asked me to get two new ones for him to see. He then said, "May I see that mandoline and case in the window?" I showed it to him, and he asked me if he could take it to let his wife see it at 178, Merton Road. I agreed. He then said could I make him a dress suit by next Wednesday, because he had a special trial performance at the Alhambra, which if successful would mean £8 a week to him. I gave him patterns, which he took away, with the mandoline, the price of which was 25s. That evening at 10.30, as I came home, he was on the doorstep. He said, "I am in an awkward fix. After leaving you this morning I went to see my brother at Maida Vale to help him copy music for George Edwardes, and I told them at home at 178, Merton Road, that I should not return. I have returned unexpectedly and find the house locked up. Could you recommend me to a room? I knew the landlady, Mrs. Brind, was going to sleep at Hammersmith, and I expect my wife, who is seven months' pregnant, was too nervous to stop there, and has gone to a friend knowing I should not return. Could you put me up on a chair or on a couch for the night?" I asked him in, looked at the directory, and found that No. 178 was occupied by Mrs. Brind. I asked him if he could not get through the window; he said the windows were latticed and would not open. Eventually I put him up. He left the next day at about 12 noon. Before leaving he said, "The wife likes the best pattern for the dress suit; I may as well be measured." I measured him. That evening he came in and said that he was to receive a cheque for £30 on the following Wednesday from George Edwardes for copying music. On Monday morning he came and asked if the guitar had arrived. I told him no. He said, "Now I want to give the wife a decent ring to take her attention off her trouble, as I am afraid it will be a premature confinement." I showed him rings; he selected two, a diamond and sapphire at £2 10s. and a diamond and ruby at £2 5s.; he bought a pair of 15 carat gold sleeve-links at 17s. 6d. He took both the rings for his
wife to see. At that moment the guitars arrived and he chose one at £2 5s. I believed his statements and let him take the two rings, sleeve-links, and the guitar. On Wednesday morning he said his wife was very queer indeed; the doctor had been twice and was coming again; she was too ill to look at the rings that morning; would I let it stay till the evening. I agreed and he left. At 3 p.m., after the shop was closed, he came and said, "She is gone!" I said, "What? Who?" He said, "The wife—she is dead. Give me a glass of water." I took him in, gave him a glass of water; he stopped till 5 p.m. He said, "What would you do about the Alhambra? Would you go to-night?" I said the wife's death would be sufficient excuse to postpone any engagement; but he said it was a special appointment, it would be a pity to miss it, that he would leave out the comic parts and tell them what had happened. At 5 p.m. he was leaving and I said, "Of course, if the place is too much upset you can return to tea if you like." He returned at 5.30 and said the doctor was making an examination, the place was all upside down, and he would be glad to stay for tea if he could, which he did. The suit came in at 6.30. He then chose a shirt; collar, and tie and took the suit, etc., away in a dress case, the value being £5 10s. 6d. He came back the next afternoon at 4.30 p.m. and said the trial performance at the Alhambra was a complete success and that he had been engaged at £8 per week, to commence in a fortnight. I asked asked him if he would return the rings, as they were useless to him, his wife being dead. He said, "Yes, I was going to ask you if you would mind taking them back, but you shall not suffer. I shall have a watch and chain for myself instead." He chose a rolled gold chain, £2 15s., and watch £2 10s. He took them, promising to return the two rings the next day, and to bring Mr. George Edwardes's cheque, which he had been too late to fetch after being at the Alhambra the night before. He returned the next day at 5 p.m., and said, "I have just come to show you how the suit fits." He had it on. He said, "I have forgotten all about the rings; you shall have them to-night before you close." I asked him to go and fetch them at once, as the jeweller's stock was important, and I had been lenient with him owing to his wife's death. He then left. I next saw him in custody. I subsequently found that he did not live at 178, Merton Street, and that his wife was alive.
Cross-examined. I had seen prisoner with a lady about five weeks before.
EDITH EMILY BRIND , wife of John Brind, 178, Merton Road, Wimbledon. Prisoner in November, 1909, stayed with me for a month with his wife. He came again on November 17, 1910, and stayed until January 2, 1911, when he left, owing me £3 16s. for board and lodging. He was not sleeping at my house on January 6. I did not go to Hammersmith; I was at home on that night. On January 6, about 1 p.m., he came to see me, and brought the mandoline (produced) as a present for my daughter. He said he could not get her a present at Christmas time, but he was going to give her one now.
WILFRED HAROLD BRAND , 64, Colemore Street, Southfields, clerk to the manager of Daly's Theatre. I do not know prisoner; he has never been employed by Mr. George Edwardes. His brother, Charles Godfrey Jones, is employed at Daly's Theatre. I am informed that prisoner's name is George Jones.
CLARENCE HUNT , 4, Bedford Street, Camberwell. I have been stagemanager at the Alhambra Theatre for 2 1/2 years up to January 16, 1911, conducting all trial performances for voices or musicians. Prisoner has never had an engagement or a trial performance at my theatre.
ERNEST DAY , manager to John Perry, 49, High Street, pawnbroker. I produce guitar pawned with me on January 12 for 4s. 6d. in the name of John Groves; also diamond ring for 12s. 6d. and gold albert pawned for £1 10s. 6d. on January 13 by a man whom I do not identify.
JOHN CHARLES KELSEY , assistant to W. J. Hide, 202, High Street, Tooting, pawnbroker. I produce sleeve-links and ruby ring pawned on January 10 by W. Jones, Arnold Road, for £1. I did not take them in, and only know of them by the entry in our books.
Detective-sergeant JOHN GILLAN, T Division. On January 27, at 7.45 p.m., I stopped prisoner in Mitcham Road, Tooting, and said, "I am a police officer, and am going to arrest you on a warrant for obtaining jewellery and clothing, value £20 7s. 6d., from Mr. Cole, of 244, Merton Road, Wimbledon, between the 6th and 13th inst." He made no reply, but nodded his head several times. I took him to Wimbledon Police Station, where I read the warrant, and said, "Mr. Cole alleges that you stated you had a cheque for £30 to come from Mr. George Edwardes, of Daly's Theatre." He said, "Yes, that is quite right, but I had not." On the charge being read over to him he nodded bis head several times but made no reply. I saw his wife at her mother's house in Tooting both before and after his arrest; she is in good health.
Prisoner's statement: "I reserve my defence."
Prisoner (not on oath). I only wish to say that the statements made by Mr. Cole regarding my wife are false.
Sentence, Nine months' hard labour.