Vol. CLV] Part 919.
CENTRAL CRIMINAL COURT
HELD APRIL 25TH, 1911, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE.
[Published by Annual Subscription.]
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 COUNTIESWITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, April 25th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir WM. GRANTHAM , one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir ALFRED JAS. NEWTON , Bart.; Sir W. VAUGHAN MORGAN , Bart.; Sir THOS. BOOR CROSBY, Knight, M.D.; Sir WM. HY. DUNN, Knight; and EDWARD ERNEST COOPER , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; and His Honour Judge LUMLEY SMITH , K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
HENRY C. BUCKINGHAM, Esq.
E. V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT,
VEZEY-STRONG, MAJOR. SEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, April 25.)
It was stated that nothing had been ascertained connecting postmen with the offence.
Sentence, One day's imprisonment, entitling prisoner to be immediately discharged.
It was stated that arrangements had been made for prisoner to join friends in Ireland. His state of health was such that he was not expected to live long.
He was released on his own recognisances in £50 to come up for judgment if called upon.
HAMER, Leslie (24, actor), and BRUMWELL, Charles (18, chemist), who pleaded guilty last Sessions (see preceding volume, p. 543), of feloniously assaulting Alice Constance McFarlane with intent to rob her, and feloniously attempting to administer to Alice Constance McFarlane certain chloroform with intent to enable them to commit an indictable offence, were brought up for judgment. Prisoners had been in custody about nine weeks. The Recorder remarking that "the peculiar circumstances of the case did not seem altogether condistent with a stable mind" released them on their own recognisances each in £100 to come up for judgment if called upon.
NEVILLE, George Charles (real name George Charles Woolridge) (17, artist); and WISE, Walter Edward (18, music-hall artist), who pleaded guilty last Sessions (see preceding volume p 570) of larceny, were brought up for judgment. They were released on their own recognisances and those of their fathers (John George Woolridge and Edward Walter Wise) in £25 each to come up for judgment if called upon.
LYNHAM, James (38, auxiliary postman and boot repairer), pleaded guilty of stealing one postal packet containing one handkerchief, 4s. 6d., and six penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been in the service of the Post Office nine and a half years. He had been suspected of thefts since August, 1910. He was stated to have six children dependent on him and to be a hardworking man. He asked that he might be sentenced to the second division as he was in poor health; this was not borne out by the medical evidence.
Sentence, Eight months' imprisonment, without hard labour.
MENDAY, Arthur Henry (25, accountant) , indicted for stealing a certain valuable security, to wit, a dividend warrant for £14 2s. 6d., the property of the London General Omnibus Company, Limited, his masters, and forging and uttering, knowing the same to be forged, the endorsement on the said dividend warrant, with intent to defraud, pleaded guilty to uttering, and this plea was accepted by the prosecution.
Prisoner had started in the employ of the London General Omnibus Company, Limited, in November, 1908, at the salary of £1 a week, which has recently been raised to £1 5s. It was urged by Mr. Huntly Jenkins on his behalf that he was a man of the highest possible character, but had found it impossible to support his wife and child on his salary. His father was called to say that he had been six years with a Southampton firm whom he had left with excellent references.
Sentence was postponed till next Sessions.
HAHN, Charles (48, establishment sorter), pleaded guilty of stealing one postal packet containing one purse and certain money and postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been in the Post Office 32 years and had hitherto an excellent character. In seven years' time he would have been entitled to a pension and a substantial bonus, which he had now sacrificed.
Sentence, Three months' hard labour.
PITMAN, Albert (21, fishmonger), pleaded guilty of feloniously demanding and obtaining the sum of 19s. on March 20, 1911, and endeavouring to obtain certain money on March 22, 1911, upon and by virtue of certain forged instruments, to wit, forged Post Office Savings' Bank books, in each case with intent to defraud; and SULLIVAN, James (35, boot repairer), and HARRIS, Thomas (24, labourer), pleaded guilty of feloniously demanding the sum of £1 by virtue of a a forged and altered instrument, to wit, a forged and altered Post Office Savings' Bank deposit book, knowing the same to be forged and altered.
Pitman confessed to a previous conviction of felony at the North London Sessions on September 15, 1908; Sullivan to a previous conviction of felony at this court on April 20, 1909; and Harris to a previous conviction of felony at the Westminster Sessions on February 5, 1910.
Prisoners' method of procedure was to open an account with nominal sums and then alter those sums to larger amounts, or add additional sums. Sullivan was the forger. Since last August there had been at least 49 such oases, amounting to £174.
Sentences, Pitman (four previous convictions proved), 18 months' hard labour; Sullivan (who had been convicted before of a similar offence), and Harris, against whom three previous convictions were proved (one for being an incorrigible rogue and vagabond), each Three years' penal servitude. The Recorder remarked that there was no doubt they were all habitual criminals. The police and the Post Office officials in the case were highly commended.
DAVIES, John Edward (25, auxiliary postman), pleaded guilty of stealing one postal packet containing one pair of cuff-links, 5s. 7d., and five penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
It was stated that prisoner had been in the service of the Post Office since last December at the salary of 6s. a week, for which he would be employed two hours a day, and that he earned with outside work 15s. a week in all. In a statement he handed the Court he expressed himself as very contrite and stated that he had an aged mother to support.
Sentence was postponed till next Sessions, Mr. Scott-France (the Court Missionary) to. see if anything could be done for him in the meantime.
Sentences (each), 12 months' hard labour.
YATEMAN, William (33, postman), pleaded guilty of stealing one postal packet containing one letter, one fruit knife, the sum of 4s. 6d., three penny and six halfpenny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been nearly 19 years in the Post Office, and was now in receipt of 31s. a week. There had been complaints of losses of letters for the last eight months. Evidence was called on his behalf as to his good character. Upon Thomas James Fear (Fear Brothers, coal merchants, Staines) promising to see if anything could be done for him, sentence was postponed till next Sessions.
On being arrested prisoner stated, "I want to be locked up." Two previous convictions for similar offences were proved.
Sentence, Six months' hard labour.
Twelve convictions from 1901 to 1910 were proved. Since his liberation on December 31 last prisoner had been convicted of loitering.
Sentence, 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 25.)
PEARCE, George (46, tailor), pleaded guilty of feloniously making counterfeit coin; feloniously possessing three moulds in and upon which were impressed the obverse and reverse sides of a sixpence; un-lawfully possessing counterfeit coin.
Seven previous convictions were proved, commencing in 1887, with sentences including one of five years' penal servitude.
Sentence, Five years' penal servitude.
Prisoner confessed to having been convicted on May 9, 1908, of felonious uttering. Other convictions proved: July 14, 1908, Surrey Assizes, three years' penal servitude for uttering, after 10 previous convictions, commencing in 1897, for burglary, etc.
Sentence, Four years' penal servitude.
HOOKER, Harry (24, french polisher), and HARRIS, Nellie (23, laundress), Hooker feloniously possessing counterfeit coin with intent to utter the same; Harris unlawfully possessing counterfeit coin with intent to utter the same.
Hooker was first tried.
Mr. Wilkinson prosecuted.
Inspector WILLIAM BURNHAM , G Division. On April 1 at 8.15 a.m. I, with other officers, entered 8, Little Essex Street, Shoreditch. On the ground floor front room I found prisoner with Nellie Harris. I said, "We are police officers. I have every reason to think that you have counterfeit coin here and we are going to search. Who keeps this room?" The woman said, "I do, I pay 6s. a week for it." I said to prisoner, "Do you live here?" He said, "I have been staying here a day or two." We searched the room and found in the pocket of the jacket prisoner is now wearing five counterfeit florins separately wrapped in tissue paper. Prisoner was lying on the bed. He said, "I have been well shopped. I bet you had to pay a bit of gold for this." We then found in a cupboard 30 florins wrapped together in paper. On the floor of the cupboard were six defaced
counterfeit florins, one of which was broken, which had apparently been passed.
Sergeant JAMES PULLE , G Division, corroborated. I took prisoner to the station. On the way he said, "You do not want to arrest the girl. All the coins you found in the room belong to me. I take full responsibility for their being there." On the charge being read over he said, "You have made a wrong charge there—it was not with intent to utter, only possessing."
JOHN MORGAN , 4, Little Essex Street, flower seller. I am the landlord of 8, Little Essex Street, where I let the ground front parlour to Nellie Harris about five months ago. For three weeks up to the arrest prisoner had been living with her.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The five florins (produced) are counterfeit and made from the same pattern piece. The 30 florins are also counterfeit, some of them are made from the same pattern piece as the other five. There are also (produced) five defaced florins and one broken one, two of which are also from the same pattern piece as the five.
HARRY HOOKER (prisoner, not on oath) stated that on March 30 he was present at a fight in a public house when a man gave him the packet of coins to hold and that he had taken charge of them without intent to utter.
Prisoner confessed to having-been convicted at Cambridge on April 22, 1910, receiving four months' hard labour for uttering a counterfeit half-crown.
Harris was then tried.
Sergeant WILLIAM BURNHAM and Sergeant JAMES PULLE repeated the evidence given.
Detective JAMES CHANDLER , C Division, corroborated. I told Harris I should arrest her for being concerned with Hooker in possessing the counterfeit coins. She said, "I know nothing about them," and turning to Hooker said, "Now you tell the truth where you got them from. I know you got them last night and brought them in here." When charged she made no reply. On being searced 5s. 6d. in good money was found, upon her.
Hooker was stated to have been at work up to three weeks before the arrest.
Sentences: Hooker, 12 months' hard labour; Harris Two months' hard labour.
Mr. Pickersgill, M.P., prosecuted.
FRANK COOKSON , 151, Dawes Road, Fulham, fishmonger. On April 4, shortly before midnight, prisoner asked for a penny piece of fish and a halfpenny worth of potatoes, and tended gilded Jubilee sixpence (produced) as a half-sovereign. I saw it was bad, gave it him
back, and told him I could not take it. He said he would take it back to the "Salisbury," where he got it, and left without purchasing the fish. I followed him out, saw that he did not go to the "Salisbury," and spoke to a constable.
(Wednesday, April 26.)
Police-constable ALFRED GIRLING , 620 B. On April 4 about midnight I was in Dawes Road when Cookson spoke to me. Prisoner was crossing the road. I followed him round the corner when he entered the "Salisbury," and about 10 minutes afterwards came out, joined two other men, and they all entered the "Salisbury"; five minutes afterwards prisoner came out alone. I said, "Did you go into the fish shop 15 minutes ago?" He said, "No; I have not been into any fish shop," and ran back into the "Salisbury." I seized him by the collar; he pushed me against the door and threw coin (produced) on the floor, which I picked up. I then took the prisoner to Cookson's shop. Prisoner said to Cookson, "I have not been in your shop before to-night, Governor, have I?" Cookson said, "Yes; you have been in my shop before." He identified the coin. I took prisoner to Walham Green Police Station. When charged he said, "I had it given to me for half a sovereign. He was searched and one penny was found upon him.
RICHARD OSBORNE , manager, "Salisbury Hotel," Dawes Road, Fulham. On April 4 at 11.30 p.m. prisoner entered my bar and remained five or six minutes without ordering anything; he left, three or four minutes afterwards returned and went out again without ordering anything. A few minutes afterwards he returned and threw a coin on the floor. I saw the constable pick up the coin.
HENRY PRY , 1, Buller Road, Fulham, general shopkeeper. On. March 23 or 24 at about 10.30 p.m. prisoner asked for a half ounce of tobacco (2d.) and put down gilded sixpence (produced). I examined it with other coins, accepted it as half a sovereign, and gave prisoner 9s. 10d. change. Being doubtful about the coin I examined it the next morning and found it was a gilded Jubilee sixpence. After prisoner's arrest at West London Police Court I picked out prisoner from a number of other men. I am certain he is the man who passed the coin to me.
Cross-examined. I had never seen prisoner before he passed the coin.
Sergeant CHARLES HANCOCK . On April 4 I told prisoner of the charge. He said, "It was given to me for a half-sovereign." On April 12 I saw Fry pick prisoner out without hesitation from nine other men. I then told prisoner he would be charged with uttering another gilded sixpence to Fry. Prisoner said, "It is a lie, I have not seen the man before."
has a portion of the milling removed and has probably been worn as a pendant.
Nine previous convictions were proved, including 15 months and 21 months for burglary, loitering, etc.; no previous coinage convictions.
Sentence, 12 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Wednesday, April 26.)
Mr. J. E. Raven prosecuted.
Police-constable GEORGE ROBERTSON , 228 L. About 12.15 a.m. on March 12 I was on duty in New Kent Road. I saw a man lying on the footway apparently unconscious. On the opposite side of the road I saw prisoner with the woman (founders; directly he saw me he said, "It's not me, guv'nor; I did not strike anybody." Annie Vincent said to me, in prisoner's hearing, "That is the man, I am positive." I took prisoner to the station.
MART FLEMING . Deceased was my brother; he was 25 years old, a carman. He left home about eight on March 11; the next day I saw him in Guy's Hospital; he was unconscious; on the 22nd I identified his body at the mortuary. I do not know prisoner.
WILLIAM THOMAS , stoker. Just after midnight on March 11 I was walking in New Kent Road with James Fleming. Near the "Crown and Anchor" we stopped for a minute or two looking at a row between two women; we walked on towards the Elephant and Castle. We were looking in the window of a paper shop when prisoner, who was with another man and Nellie Saunders, came up. Prisoner struck Fleming from behind and he fell to the ground; I cannot say whether his head struck the pavement.
Cross-examined by prisoner. I am sure it was you who struck the blow; I cannot identify the man who was with you.
FRITZ CARLENBERS , House Surgeon at Guy's Hospital. I saw Fleming on his being brought in in the early morning of March 12. He was sick, unconscious, and bleeding from his right ear. He remained unconscious or semi-delirious until the 20th, when he died suddenly. The cause of death was coma, due to hemorrhage in or around the
brain. The post mortem showed that there was a fracture of the base of theskull and a smaller fracture behind. The injuries were probably caused by the man in falling striking his head on the pavement.
NELLIE SAUNDERS (called at prisoner's request). On this night I was walking with prisoner and a man named Tear. Fleming and another man walked behind us and they were jeering and insulting us. Tear said to prisoner, "There's two men behind us, shall I lash out?" I said, "Don't take any notice," but Tear turned round and hit Fleming and ran away. Then the police came and arrested prisoner.
Inspector JOHN HOCKINGS , L Division, said that on prisoner being charged at the station and cautioned he said, "I don't know anything about it; I never done it; I don't know the man; I have not touched anybody; I don't know what they mean." He did not mention Tear's name.
WILLIAM COOK said that on the night of the affair he was with Tear and a man named Oakley. In Tear's presence Oakley told witness that prisoner had been arrested for hitting a man, but that he (Tear) was the man who struck the blow.
Verdict, Not Guilty; a similar verdict was entered on an indictment for assault occasioning grievous bodily harm.
Mr. Leycester and Mr. Shearman prosecuted; Mr. Werninck appeared for prisoner.
Sentence, 12 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, April 26.)
WHEELER, Henry Charles (23), pleaded guilty of forging and uttering, knowing the same to be forged, certain orders and the paymentof money, to wit, five banker's cheques for £104 17s. 9d., with intent to defraud.
Sentence, Nine months' hard labour.
Prisoner confessed to a previous conviction of misdemeanour at this court on November 19, 1906, in the name of Claude Sidney Hunter, when he received five years' penal servitude and five years' police supervision. He had one year and 97 days still to serve of this sentence. A number of previous convictions for forgery and fraud were proved against him. He was stated to be a well-educated and a most plausible man. Since his release he had induced by false pretenees a young girl to marry him. He had done no work. He now stated that since his marriage he had endeavoured to go straight. Sentence, 18 months' hard labour.
BILLINGS, Dudley Francis (28, engineer), pleaded guilty that, being entrusted by Hubert Ernest Bowes Lyon with certain property in order that he might apply the same to a certain purpose, he unlawfully did fraudulently convert the said property and the proceeds thereof to his own use and benefit, and having received certain property for and on account of a certain other person unlawfully did fraudulently convert the said property to his own use and benefit.
It being stated that prisoner was desirous of making restitution to the prosecutor, sentence was postponed till the next Sessions.
HOBBS, Archibald Frank (34, clerk) , stealing a banker's cheque for £1 3s. 9d., the property of the Challenge Reinforced Tube Company, Limited, his masters; forging and uttering, knowing the same to be forged, the endorsement on the said cheque with intent to defraud; stealing a banker's cheque for 5s. 6d., the property of the Challenge Reinforced Tube Company, Limited, his masters; and forging and uttering, knowing the same to be forged, the endorsement on the said cheque with intent to defraud.
The indictment relating to the cheque for £1 3s. 9d. was proceeded with.
Mr. J. B. Melville prosecuted.
WILLIAM YARWORTH ONES , managing director, Challenge Reinforced Tube Company, Limited. Prisoner had been with us since last November; he came from the Church Army. On March 21, having received some information, I tried to stop this cheque (Exhibit 1) in consequence of information received on March 21. It is dated March 18, drawn on the London and Provincial Bank, made payable to J. B. Huxley, crossed and passed through the London and SouthWestern Bank. The endorsement, "J. B. Huxley, Sheffield," has every indication of being in prisoner's handwriting. I have seen him write. It is also like Huxley's writing. I reported the matter to the police, and he was arrested. He was in the advertising department.
Cross-examined by prisoner. I cannot swear that the endorsement
is in your writing. I do not recollect your saying when you were arrested that a mistake had been made. I may have said no mistake had been made. (To the Court). I put the cheque with a letter with other letters to be posted.
JOHN CLEAL , greengrocer, 201, Askew Road, Shepherd's Bush. I have known prisoner about six months; he lives in my neighbourhood. On March 18 he came and asked me to change a cheque for him. He handed me this cheque (Exhibit 1), saying that he and his "pal" had had it for commission. I gave him the money, and paid the cheque away in the market.
To prisoner. This happened between 7 and 9 p.m.
HORACE ARTHUR SANSOM , stamp clerk, Challenge Reinforced Tube Company, Limited. Prisoner worked in the same office as myself. It is my duty to post the letters, and I keep in this book (produced) the names of the people to whom letters are sent. There is no entry of the name of "Huxley" on March 18. Prisoner on that day was calling the names off the envelopes to me while I entered them in the book. I should not think that the endorsement on Exhibit 1 is in his handwriting.
To prisoner. I did not see you take the letter addressed to Huxley. I should say you left the office that day at about 4 p.m. I posted about 190 letters that day. I also had a number of letters to enter which you never saw. You complained of having a swelling at the side of your face, and said that as soon as you got home you would go to bed.
JAMES BARNARD HUXLEY , 15, Kentwood Park Road, Sheffield. The endorsement on Exhibit 1 is not in my writing, it is not a bad imitation. I never received and letter dated March 18 from the company. On that day they owed me £1 3s. 9d., the amount of this cheque (Exhibit 1). I did not authorise prisoner or anybody to endorse any cheque for me.
The Recorder intimated that he would direct the jury that there was no evidence on which they could convict prisoner of forgery.
Detective-sergeant ARTHUR HOOK , G Division. On March 23 I saw prisoner and told him I was a police officer making inquiries respecting a letter which had been stolen from the firm's office on the 18th containing a cheque addressed to "Mr. J.B. Huxley, of Sheffield," which was changed on that same day by a Mr. John Cleal, of Askew Road, Shepherd's Bush, greengrocer, for a man named Hobbs, living in the neighbourhood of Askew Road. He said, "I have known Mr. Cleal about six months. I know nothing about the cheque." He was taken to the station and when charged he said, "I am a silly fool." (To prisoner.) You said, "I am a silly fool," not "absolutely nil." At the police court I also said you said that.
letter addressed to Mr. Huxley, of Sheffield. I have formed no opinion as to whose handwriting the endorsement on Exhibit 1 1s. I do not remember when you left the office that day.
Prisoner desired his wife to be called, but there was no answer.
ARCHIBALD FRANK HOBBS (prisoner, not on oath). I state most emphatically that I did not forge and a utter this cheque. On March 18 I left the office at 5.30 p.m. and arrived home at about 6.30 p.m. I felt unwell, and I went to bed. I did not go out again that night.
Verdict, Guilty of uttering.
Prisoner confessed to a previous conviction of felony at this Court on January 7, 1908.
Prisoner was next indicted for that he is a habitual criminal. The consent of the Director of Public Prosecutions, the statutory notice served upon prisoner, and the three statutory convictions were duly proved.
Detective-sergeant ARTHUR HOOK . Prisoner was discharged from his last sentence on October 31, 1910, two months earlier than he would otherwise have been owing to his good behaviour in prison. He was then employed by the Church Army for two weeks at 15s. a week and then obtained a situation at this tyro company, where he received £1 a week. In January his salary was raised to 25s., and I was told by the managing director that ii he had continued to give satisfaction he would have got another 5s. increase in April.
The Recorder, stating that there was no evidence that prisoner had been "leading persistently a dishonest or criminal life," directed the jury to acquit prisoner, and a verdict of Not guilty was returned.
Four convictions in all were proved against prisoner. He had a remnant to serve of one year and 67 days. Sentence, 12 months' hard labour.
SPATE William Richard , being entrusted with a certain property, to wit, £59 belonging to Briton Lloyd, in order that he might retain the said property in safe cusody. unlawfully and fraudulently converted £46 thereof to his own use.
Mr. Leycester prosecuted.
FREDERICK WILLIAM SMITH . I am secretary and an accountant to W. E. Levy and Company, who manage several public-houses for Miss Briton Lloyd, of which the "Streatham Park Tavern" is one. on February 23, 1910, I engaged prisoner as manager at £2 10s. a week and his board and lodgings. I handed him this printed form of instructions (Exhibit 1), which tells him that a balance-sheet is to be made out by the manager and forwarded to the head office every Monday together with all vouchers, and that all moneys, with the exception of £50 which was to be kept as "float," were to be paid into the bank every Monday and Wednesday. I gave him £50 to start with to use as change; he always had to keep back £50. He gave me this receipt (Exhibit 2). The account was at the London County and Westminster Bank and he had a paying-in book (Exhibit 3)
in which all the entries, except the last one, are in his handwriting. He also kept this takings book (Exhibit 4). During the early part of the year I complained to him more than once as to his not paying the money in on the right date. On March 22 I called and asked why he had not paid into the bank on the Monday last. He said, "I told Mr. Reed (a clerk in the office) that I had had some trouble with some Mitchamites, and that I had not had time to pay in on Monday, but I did so first thing on Tuesday morning." I asked him if he had paid in that day, and he said, "No; not yet. It is all right as I am going up to the bank as soon as the wife comes down." I said we would make it up together as things had been so unsatisfactory lately, and we went into the parlour. I said I was rather of opinion that he had not got it and that I wanted to see the whole of the money he had got on the premises. I said, "Have you got it? Tell me the truth and own up." He said, "I have not," and that he was £20 short. By comparing the takings book with the pass-book I found that he had paid in everything up till the Sunday night. I asked him to produce the takings for the Monday and Tuesday, £38 2s. 1d., and said he was more than £20 short. He said, "Yes, it is about £34 short." He produced the £38 2s. 1d. The till registered the Wednesday's takings at £5 13s. 6d., and he told me that he had taken another £1; he ought to have had altogether £56 13s. 6d., but all he could produce was £10 12s. 1d., making a deficiency of £46 1s. 5d. He then said he was £50 short, and I asked him how he had managed to get into this awful muddle. He said, "Someone put it on me for £15." I asked him what he meant, and he said it was the money he owed whilst he had been out of employment. I said, "When was this?" and he said, "About October last." I asked him how he had managed to account to the stocktaker, who took stock of all the money in the house about once a fortnight, and he said, "I told him I had got more inside than I had," and pointed to the drawer. I reported the matter to my employes, and the same evening I gave him into custody.
Detective ROBERT WRIGHT , W Division. On the evening of March 22 I went with Mr. Smith to the "Streatham Park Tavern," where he gave prisoner into my custody. Prisoner said, "Yes, I am the guilty one and, being guilty, I will have to put up with it." He afterwards said, "You might have given me a chance till to-morrow morning and I could have found the money. There is one thing I can say, I have not spent it in horseracing or gambling." On the way to the station he said that he had been out of work a long time before he came down to the "Streatham Park Tavern" and had got into debt, and his creditors pressing him for the money, that is what had become of the money. When charged he made no reply.
WILLIAM RICHARD SPATE (prisoner, not on oath). I am sorry I made use of this money, but it was not done with felonious intent. I took it with the intention of paying it back and I would have done so if I had been given time. After I was charged all my people shut their pockets against me. I have never had a stain on my character before.
Verdict, Guilty. Recommended to leniency. Prisoner had on one occasion rendered service to the police. His account of how he had spent the money was a true one.
Sentence, Three months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 26.)
Mr. Pickersgill, M.P., prosecuted.
MARY BASS , barmaid, "White Hart," 1, Mile End Road. On April 10 at 5.30 p.m. prisoner called for a glass of ale (1d.) and tendered the florin produced. I thought it bad and handed it to the landlord, Mr. Sugarman. While he was examining the coin prisoner left the bar without drinking his ale or waiting for the change.
PHILIP SUGARMAN , licensee, "White Hart." On April 10 at 5.30 p.m. Bass handed me the counterfeit florin (produced), which I found to be bad. While I was looking at it prisoner ran out of the bar. I followed, caught him and said, "How many more of these have you got?" He said, "You have made a bloomer." I called a constable, who took him into custody.
Police-constable JAMES TURNER , 545 J. On April 10 at 5.30 p.m. I saw prisoner followed by Sugarman, who said, "This man has been to my premises and tendered a counterfeit florin." He then handed me the florin (produced). Police-constable Gosbee and I took him to the station.
Police-constable GOSBEE , 45 AR. Prisoner was given into my custody by Sugarman, who said, "This man has been into my house and tendered a bad 2s. piece to my barmaid." I said to prisoner, "You hear what this man says?" He said "Yes." I said, "On that charge you will have to go down to the station with me." He said, "All right. I can prove I work for my living—I am a tailor." At the station I searched prisoner; in his right-hand trouser pocket I found two sixpences and 2(d. in bronze, good money. In his left great-coat pocket I found a good shilling and a counterfeit florin. I said to him, "You see where I have taken this from?" He replied "Yes." When the charge was being taken he said, "You do not know how to book the charge. I will tell the magistrate all about it in the morning." When the charge was read over he made no reply.
Prisoner's statement before the magistrate: "I had the coins on me; I did not know they were bad. I received them in change myself. I changed two sovereigns. I changed half a soverign at the 'Three
Nuns' earlier in the morning. I pointed out that there was a bad florin in the change and the barmaid took it back."
FREDERICK WILLIAM JOHNSON (prisoner, on oath). The evidence given is perfectly correct. I tendered the coin not knowing it was bad. I did not run away from the "White Hart." I saw a friend getting off a tram and ran out to speak to him. I told Sergeant Edwards that I had changed a half-sovereign at the "Three Nuns" and that the barmaid, Miss Hicks, had given me a bad florin in change and had taken it back. I could easily have run away but made no attempt to do so. I am 63 years of age and have never come in contact with bad money before. I am a foreman tailor and have been working at Acton and Uxbridge. After leaving Acton I had £2 10s., and coming to London I met the captain of my old regiment under whom I had been in Egypt in 1882, who gave me two more sovereigns. I was a day or two in London knocking about and, having taken some drink, I must have received these coins in change.
Cross-examined. I never mentioned to anyone until to-day that I had run out to see a friend in the tramcar; I reserved that for my defence. It is not true that at the "Three Nuns" I tendered a bad florin to Miss Hicks.
Detective-sergeant JAMES EDWARDS , J Division. On April 18, when prisoner was committed, he asked me to make inquiries. On. April 20 I saw the barmaid Hicks at the "Three Nuns" and asked her if she remembered a man tendering a half-sovereign for drinks and receiving a bad florin amongst the change. After consideration she said, "No, but on April 4 a man came into the four-ale bar in company with three other men; he called for four drinks and tendered a bad florin in payment, which I returned to him; he said, 'I know where I got it from,' and paid for the drinks with coppers." At prisoner's request I have seen Alfred Poulton, tailor, 223, High Street, Acton, who informed me that prisoner had worked for him from the first week in February to March 18, left on his own accord, and his work was satisfactory. I also visited Stransom and Sons, 50, High Street, Uxbridge, who informed me that prisoner had promised to work for them on March 27, but had failed to do so and had been employed by E. A. House, of 123, High Street, Uxbridge. I found he had been employed by House from March 20 to March 24 and left on his own accord.
Convictions proved: September 19, 1908, Middlesex Sessions, three years' penal servitude and three years' police supervision for larceny from the person, after eight other convictions for stealing. Prisoner was liberated on December 19, having four months and 23 days of his sentence to serve.
Sentence, 18 months' hard labour.
Previous convictions proved: January 28, 1910, at Elgin, Scotland, four months' hard labour for obtaining money by worthless cheques. Several similar cheque frauds were stated to have been committed, for two of which warrants had been issued against prisoner from Leith and Glasgow, which the Court was requested to take into consideration.
Sentence, 18 months' hard labour.
GARNER, Angus (25, clerk), pleaded guilty of forging and uttering a certain order for the payment of money, to wit, a postal telegram for the payment of £5, the moneys of Yen Pak Law, with intent to defraud.
A previous conviction for illegal pawning was proved.
Sentence, Nine months' hard labour.
CLIFFORD, George (31, porter), was indicted for an unnatural offence with a (named) male prisoner; indecently assaulting the same person (under the age of 13 years); committing an act of gross indecency with the same person.
Prisoner pleaded guilty of indecent assault, which plea was accepted by the prosecution.
Sentence, Nine months' hard labour.
Mr. Pickersgill, M.P., prosecuted.
Police-constable HENRY PERKINS , 524 B. On April 18, at 8.30 p.m., I saw prisoner in Vauxhall Bridge Road. He crossed the road opposite Charles Street, spoke to a number of boys, placed his hand in his right hand trouser pocket, took out a coin and gave it to a boy. I spoke to the boy and he showed me half-a-crown (produced), which I took from him, and asked the boy to go with me towards the prisoner. Prisoner ran away into St. Vincent Square and out again into Vauxhall Bridge Road, where he was stopped by another officer. I told him I should take him into custody for uttering a counterfeit half-crown. He made no reply. On the way to the station he became violent, put his hand in his pocket, and drew out a number of coins which he threw into the road. I picked up 19 half-crowns (produced). When charged he said, "I got them myself this afternoon from Fritz Marshall, opposite the White Horse, Tottenham Court Road. I went to a hotel to have a drink and they told me it was bad. I could not believe it. I saw a boy and gave him half-a-crown to buy a loaf for me." He was searched and there was found upon him five separate shillings, two sixpences, 1s. 4d. bronze, good money, two counterfeit florins, a quarter pound of tea, and three pawntickets. The boy got away in the crowd.
as he was about to take a taxi-cab. During the struggle he put his hand in his right hand trouser pocket and drew out a handful of money which he threw on the ground. I recovered 11 half-crowns which I handed to the last witness.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The 19 half-crowns (produced) are counterfeit, dated 1907. Several of them are made from the same pattern piece. There are two florins, one dated 1907 and the other 1909.
CHARLES REDICKER (Prisoner, not on oath). On Saturday, April 15, I met Fritz Marshall, who had owed me 35s. for the last 12 months, and asked for the money. He said he had not got all the money, but he gave me 10s. He said he was working for a bookmaker and asked me to make a bet, which I did on two horses, one at 15s. to win and 5s. for a place and another one at 5s. to win. One horse lost and the other won. He asked me to see him on Tuesday afternoon at the "White Horse" Hotel, Tottenham Court Road, which I did at 2 o'clock on Tuesday; he paid me 30s. in loose silver and we went to Shepherd's Bush on business. In the evening I had a drink at a hotel and produced a half-crown. The barman gave me the money back and said it was no good. I said I could not believe that, but I gave him a 2s. piece which was good. I live at Vauxhall Bridge Road and I sent a boy to a shop for a loaf, giving him a halfcrown, when I was taken into custody. I did not know the money was bad. I had never seen bad money in my life before.
Conviction proved: August 23, 1910, nine months' hard labour for larceny and assault.
Sentence, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH. (Wednesday, April 26.)
Prisoner confessed to a conviction for felony at this court on May 18, 1906.
Sentence, 12 months' hard labour.
Mr. Hardy prosecuted; Mr. Bryan defended Wilkinson.
SYDNEY HENRY CRAWLEY , director Crawley Cordeaux and Co., 17 and 18, Newgate Street, E.C. On February 22. I came into the office about 5.30 p.m. Shortly afterwards the mat was reported missing. Our address is on it.
Detective-Constable WILLIAM MARCHANT . On February 22 about 7.15 I saw prisoners in Harrow Road. I stopped them and asked what they had in the bundles. They told me they contained rubber. One piece of the mat was wrapped in sacking and the other had newspaper round it. I asked where they got it from. They said, "We bought it from a man in Holborn who had it on a barrow, and gave 1s. apiece for it." I was not satisfied with their answer, took them to Paddington Green Police Station, and charged them with unlawful possession. They made no reply. I should say the mat weighs about 1/2 cwt., and is worth 6d. a pound.
Detective-constable WALTER SMITH . I charged prisoners with stealing this rubber mat at Snow Hill Police Station. They said, "We bought it off a man in Gray's Inn Road, we paid 1s. apiece for it." They were searched, no money was found on either of them. On Galt I found this knife which smelt very strongly of rubber.
Cross-examined by Mr. Bryan. Wilkinson has a good character, he has been known to the police 17 years as a licensed cab-driver. The knife and rubber were brought to Snow Hill Station on the morning of the 23rd. The knife was separate, in an envelope. The mat apparently had been freshly cut. I did not handle the rubber.
CHARLES WILKINSON (prisoner, on oath). I live at 96, Clarendon Street, Harrow Road. I have been a licensed cab-driver 17 or 18 years. I have never been convicted or accused of any offence. I have known Galt 14 or 15 years. When I met him on February 22 I had not seen him for two or three years. I met him in Gray's Inn Road about 4 p.m. I had 2s. 5d. on me. Galt had not the rubber mat then. I first saw the mat on a barrow at the corner of Brook Street, Holborn, about 5 p.m.; it was not much past five. It was then in two pieces, one piece in brown paper with the ends exposed, the other had a piece of sack round it. I did not know the man; Galt spoke to him; he was looking at some boots. On the barrow also were oilcloth and office furniture. The man said he had been invited to clear an office out by the caretaker and he brought these goods out of it. Galt suggested I should lend him the money to buy the rubber as he thought it would fetch five or six shillings. We were to halve the proceeds. I bought the mat for two shillings. Galt took one part and I the other. I did not notice the address was stamped on the rubber. I never saw Galt's knife till we got to Paddington. He did not cut the mat. Neither of us examined the mat. Detective Smith took up the two pieces of rubber and looked at them.
Sentence, Three months' without hard labour; recommended for expulsion under Aliens' Act.
Mr. Gerald Dodson prosecuted; Mr. Purcell defended.
CHARLES OTTO , Limes Road, Hampton Lane, Putney. On April 21 I was at Moorgate Street Metropolitan Railway Station. When I went to enter the train a man stand in the passage in the way where you go in the car and he do not move, and between us comes this one (pointing to prisoner). He struggled hard; he will go first and not let me go in. I cannot go back because behind was other people. I did not feel anything the first moment, but when the train want to go on he pushed me under the neck and my necktie comes out. My pin is secured. There is no doubt he had the pin in his hands and he took only the pearl. When I felt the pearl was away I catch him by the coat and he wrenched himself loose. He ran. I ran after him, calling, "Stop him." He ran to the next car. The guard and I caught him and we took him out. When he was in the second car he had nothing in his hand; he had thrown the pearl away. It has not been recovered.
GEORGE WALKER , railway guard. Before I gave the flag to start the train I saw prisoner running up the platform towards my end followed by an elderly gentleman, who was close on his heels calling, "Stop him." Prisoner ran the length of three cars. I followed prisoner and prosecutor into the car. I said to prisoner, "You must see the station-master; you are charged with stealing a pin." He made no reply. I took him out of the car and handed him over to the officials of the station.
Police-constable GEORGE BAKER , 342 A. On April 21, in the evening time, I was fetched to Moorgate Street Railway Station. Prisoner was detained by the officials. I asked what for. Prosecutor said, "He stole my pin," and afterwards corrected it and said, "The pearl out of the pin; he could not get the pin out." Prisoner said nothing in answer to that nor when he was formally charged. He refused to give any information about himself.
JACK HARRIS (prisoner, on oath). On this day I was travelling from Aldgate East to Shepherd's Bush. I did not get out of the train until the guard spoke. I was not on the platform at Moorgate. Street till I was brought out. At Moorgate Street a crowd of people were getting in the train. I stood up to make room for a lady to sit down and was hanging on to the strap. I saw people running outside. Prosecutor came in and said, "You have got my pin." I said, "What?" He said, "My pin," and a little afterwards the guard came in. He took me outside and said, "You have this gentleman's pin." I did not gay anything; the truth is I had had a drop of drink and felt a bit upset. I had my ticket in the sleeve
of my coat. I was not asked for it and did not know I had it on me at the police station. (Railway ticket handed to the prisoner). When I was searched this ticket was not found on me. It was on me when I was searched at Brixton. I showed it to the solicitor yesterday, who told me I was going to be defended. I generally put my ticket there. I found it yesterday morning.
Cross-examined. I heard the guard's evidence. I heard him say the train was due out of Moorgate Street at 6.52. I said I got into his tram at Aldgate East. I asked the porter at Aldgate East the time of the next train. While I was in the passage I met a couple of chaps. We went to Webb's, had a couple of drinks. When we came out we walked up to Aldgate and I went from Aldgate with the same ticket. When the ticket inspector saw it he never clipped it because it was clipped. If it had not have been for the couple of friends I should have gone from Aldgate East.
Police-constable ALFRED CHRISTIE , 329 A. I am searcher at Moor Lane Police Station. It was my duty to search prisoner. I knew he was charged with stealing a pearl. I made a thorough search. I have not seen the ticket produced to-day. I found no ticket on him. He had an overcoat on. I cannot say I turned his sleeve inside out. If he had a cuff I should naturally turn it down.
Previous convictions were proved.
Sentence, 22 months' hard labour.
ANSDELL, Ernest William (24, van washer) , feloniously causing to be taken by Annie Olive Wilcox and Arthur Wilcox a certain noxious and destructive thing so as to endanger their lives; feloniously causing to be taken by Arthur Wilcox a certain noxious and destructive thing so as to endanger his life; unlawfully attempting to administer and cause to be taken by Annie Olive Wilcox a certain noxious and destructive thing so as to endanger her life.
Mr. Muir prosecuted; Mr. Daniel Warde defended.
After Mr. Muir had opened the case for the prosecution, Judge Lumley Smith said he did not think there was much of a case. Mr. Muir said that, his Lordship having expressed that view, he would offer no evidence.
Verdict, Not guilty.
BEFORE MR. JUSTICE GRANTHAM.
(Thursday, April 27.)
Mr. Travers Humphreys prosecuted.
A further indictment for attempting to procure another boy (named) was not proceeded with.
Prisoner, asked whether it was true, as stated in the indictment on which he had been found guilty, that he had been convicted on April 5, 1910, at the City of Gloucester Quarter Sessions of obtaining money by false pretences, in the name of Fred Davis, denied the statement. The jury were sworn to inquire whether it was true or not; after hearing evidence, they found the previous conviction proved.
Police evidence gave prisoner a very bad character; it was stated that he was not a solicitor, and that he must be more than 21 years old.
Sentence, Five years' penal servitude (the Court taking into account an offence at Worthing for which a warrant was in issue).
Mr. McPherson prosecuted.
Police-constable HENRY GARRARD , G Division. On March 22 I was on duty with Police-constable Wesley outside the "Angel" at Islington about 7.10 p.m. Prisoner was standing in the street. On Burgess coming out from the "Angel" prisoner pulled a revolver from his coat pocket and fired at Burgess, who fell to the ground. Prisoner then pointed the revolver to his own head; I rushed up and secured him. He said, "Let me do it; he has ruined my life." On the way to the station he said, "I have done it; he ruined my life; he took my wife away; I had to do it; he jeered at me in the public." At the station he said, "I wish you had been sooner; you would have saved all this; as it is you have saved my life."
FLORENCE MURIEL MORRIS , house surgeon at the Royal Free Hospital, deposed that Burgess was brought there suffering from a bullet wound in the left cheek. Bound the wound there was blacking from the powder, showing that the pistol must have been held close to the face.
SARAH RUSK . I have been living with prisoner for 18 years, and brought up his two children. The pistol produced belonged to prisoner. On March 22, when he went out, he said, "I am going to meet my wife tonight; I will take the pistol in case I happen to meet Burgess, to defend myself." Prisoner is crippled in one arm. He had been separated from his wife for 18 years, and she had been living with Burgess. I advised him not to take the pistol with him, as he might get into mischief.
FREDERICK CHARLES BURGESS . I have known prisoner's wife for five years. In February I went to lodge at 4, Allen Road, Barnsbury; Mrs. Newton went there also; she occupied one room with her son and I occupied another. On March 20 she showed me a postcard from prisoner, asking her to met him at the "Angel." On March 22 I was in the "Angel"; Mrs. Newton was not there. Prisoner came in and went out again; he did not speak to me. Shortly afterwards I left; directly I got outside prisoner pulled a pistol from his pocket and fired at me, and I fell backwards on my head. I am still an outpatient at the hospital.
Prisoner cross-examined witness as to his relations with Mrs. Newton. Witness denied that he had lived with her as his wife; also that he had ever threatened prisoner.
Inspector WILLIAM BURNHAM , G Division. I was at the station when prisoner was brought in; he had a very wild appearance, with his eyes staring. The revolver handed to me by Wesley as having been taken from prisoner contained four ball cartridges and one empty cartridge case. On my charging prisoner with shooting at Burgess with intent to murder he said, "I went into the' Angel to have a drink, where I met Burgess; he insulted me and I had to defend myself; I did not mean to do him any injury." On searching prisoner's room I found 39 ball cartridges, which fit this revolver.
Verdict, Guilty of shooting with intent to do grievous bodily harm, the jury adding, "We think he received a certain amount of provocation."
SIDNEY REGINALD DYER , medical officer, Brixton Prison, said that prisoner had not shown any definite symptoms of insanity, but he was at times mentally unstable; there was a slight history of insanity in his family.
Sentence, 18 months' hard labour.
BEFORE THE RECORDER. (Thursday, April 27.)
SIMPSON, Thomas (47, estates manager), pleaded guilty of wilful and corrupt perjury in two affidavits made before a commissioner for taking oaths, and at a trial at which he was defendant in the King's Bench Division.
ALBERT FAGAN , a stockbroker, had obtained judgments for £8,920 against prisoner for differences, and a charging order on shares in prisoner's name to the value of £4,000. On the strength of affidavits which contained false statements these judgments and charging order were set aside. It was stated by Mr. George Elliott, K.C., on prisoner's behalf, that a firm of the name of Chambers and Blythe bad satisfied a claim they had for £2,000 against prisoner by selling these shares, and the prisoner had no benefit from them. This firm had been prisoner's financial advisers and were alleged by prisoner to have been responsible for his position.
The Recorder remarked that there was such a thing as conspiring to defraud, and, on Mr. George Elliott's application, postponed sentence till next Sessions.
Sentence was postponed till next Session, Dr. Sullivan, of Holloway Prison, to keep prisoner under observation in the meantime.
Prisoner received an excellent character. On it being stated that her employer, a Mr. Williams, would take her back, she was sentenced to Three days' imprisonment, entitling her to be immediately discharged.
TWEEDIE, James (45), pleaded guilty of attempting to obtain by false pretences from Herbert William Nice and George Oliphant two pairs of trousers, the goods of Sir Frederick Cook and others, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the delivery of goods, with intent to defraud.
Three previous convictions were proved.
Sentence, 12 months' imprisonment.
HULL, Charles (36, coal porter), pleaded guilty that, having been entrusted with the sum of 10s. to pay to Joseph Cade and others, he unlawfully did fraudulently convert the same to his own use; and DOWLING, Thomas (22, carman), pleaded guilty that, having been entrusted with the two several sums of 2s. 2d. each to pay to Joseph Cade and others, he unlawfully did fraudulenty convert the same to his own use.
Against Hull two previous convictions were proved and he had a bad reputation. There were a number of previous convictions against Dowling, dating from 1907, for which he had received short sentences. He was released from his last sentence in January and since then he had been convicted of loitering.
Sentences, Hull, 15 months' hard labour; Dowling, 18 months' hard labour.
Mr. J. P. Grain prosecuted; Mr. Turrell defended.
Mr. Grain stated that after the postponement of this case last Sessions the German authorities had communicated with the authorities here. Prisoner was brought before Mr. Curtis Bennett, the magistrate who had committed her for extradition, and she was now in custody under that warrant.
The Recorder ordered, Mr. Turrell consenting, that the case be postponed sine die, and her recognisances be taken in the sum of £50 to appear and take her trial upon receiving notice in writing so to do, and that in the meantime she was to remain in custody under the warrant of Mr. Curtis Bennett in respect of the matters on which he had granted extradition.
GODDARD, Charles (22, stoker), and GOLDSWORTHY, Harry (20, machinist) , using certain firearms, to wit, revolvers, then loaded in the usual manner, on a certain person, whose name is unknown, and shooting at him with intent to injure and maim him; second count, shooting with intent to do grievous bodily harm. Other counts charged Goddard with aiding and abetting Goldsworthy in these offences.
Mr. Graham-Campbell prosecuted.
BOLEZLOFF MILASZVITCH , cabinet-maker. At about 2 p.m. on April 3 I was coming along Virginia Road when I saw 13 men, of whom two were these prisoners. Goddard looked in the bar of a public-house, and on coming out, said, "Here he 1s. Let it go! "A short, black fellow, fired two or three shots. There were nine or 10 shots fired altogether. I saw Goldsworthy fire. There were three men firing shots altogether. I did not see Goddard with a revolver.
Police-constable PERCY WELLS , 290 H. About 2.15 p.m. on April 3 I was in Virginia Road, when I heard some shots. I went to Gascoyne Place, where I saw in the middle of the road the two prisoners and another man firing with revolvers. One shot fired by Goddard whizzed by my ear. People were about standing in doorways and at the corner. They ran away and I chased the prisoners through Columbia Road into Crescent Place, where Goldsworthy ran into a house. Goddard ran into Baroness Road, where he was stopped. I heard nine or 10 shots altogether fired, of which I saw Goddard shoot two. (To the Court). This would be a slack time down that street.
Cross-examined by Goddard. I saw you hand a revolver to another man at the corner of Columbia Road.
Police-constable FRANK COVENEY , 187 H. About 2.15 p.m. on April 3 I was on duty in Hackney Road when I heard a police whistle blown. I ran in the direction of Columbia Road, when I saw Goddard and several others running. I caught Goddard in Baroness Road, and asked him what he was running for, but he made no reply. On the way to the station he said, "I have got no shooter on me. Search me, if you like." On searching him at the station I found nothing on him.
Police-constable JOSEPH MCCLOUD , 129 H. About 2.30 p.m. on April 3 I was in Crescent Place when I saw Goldsworthy in the passage of a house. He said, "I have run here for protection. The boys were out shooting me. It was over an affair here on Saturday night." I took him to the station, and on searching him found in his right pocket this revolver, fully loaded in six chambers, one cartridge being discharged, and in his left pocket this box, containing 42 loose cartridges. (Articles produced). When charged he made no reply.
three of whom were firing revolvers at a number of other lads in Virginia Road, about 50 yards away. They were all youths of about the same age as prisoners. I saw Goldsworthy fire, but I could not recognise Goddard. I ran out into the street. Goldsworthy had a bandage round his head. I did not see that the other gang of lads had rerolvers.
Police-constable WILLIAM THOMPSON , 219 H. About 2.15 p.m. on April 3 I went with Police-constable Wells into Gascoyne Place, when I saw the two prisoners and another man standing in the centre of the road, each firing a revolver straight down the street. People were standing both sides of the road up against the houses. I gave chase. At the corner of Columbia Road and Gascoyne Place I saw Goddard hand a revolver to another man, who got away. Goddard was eventually caught in Baroness Road. I caught Goldsworthy. He had a revolver in his left hand. A man I do not know came up, tripped me, and threw me into the gutter. The other constables took up the chase. At the station Goldsworthy said, "They maimed me for life, and I meant to have my own back for what they done on Saturday night. It's a pity the shot did not kill him. One-eyed Woolgar done it on me on Saturday night." He had his head bandaged. I know a man named Woolgar.
Statements before the Magistrate. Goldsworthy: "I want this statement attached to the depositions. Goddard was not there." Goddard: "I was not there. I did not have a revolver when I was arrested. I want to call a witness." (This witness did not appear).
The statement that Goldsworthy had made was then read. It was to the effect that on Saturday night, March 30, a man named Johnnie O'Brien had picked a quarrel with him while he was in the "Norfolk" public-house; that he (prisoner) had fought and beat him; that on the following Saturday he was in Hoxton when four men, of whom Woolgar and O'Brien were two, set upon him; that Woolgar stabbed him under the right eye, and O'Brien stabbed him in the back of the head; that this necessitated him going to the hospital, where he had his wounds stitched up; that he was told if he prosecuted the fellows would think he was frightened of them; that he bought a revolver, and on Sunday morning went down Brick Lane with the idea of finding Woolgar and shooting him in the leg; that he saw him with a number of others in Gascoyne Place, and fired one shot at his legs, but missed him; and that he had never seen Goddard before.
HENRY GOLDSWORTHY , called upon for his defence, repeated, not on oath, the statements he had made, and added, "Woolgar also had a revolver and was shooting at me. Goddard had nothing to do with it." Verdict, Guilty.
Against Goddard 13 previous convictions, dating from 1902, were proved. He had been sent to a Borstal prison for nine months. He was released from his last sentence on March 18. Against Golds-worthy
a number of previous convictions were proved. He had been convicted as a rogue and a vagabond; he had not done any work for years.
Sentence (each prisoner), Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 27.)
Mr. G. Tully-Christie prosecuted.
Detective-sergeant BENJAMIN ALLERTON , T Division. On March 22, at 3 p.m., Hailstone came to me with the prisoner and said, "I wish to give this woman into custody for bigamy. I married her about 12 months ago at Fulham. I knew her husband was alive when I married her. I saw him about 12 months ago at Maidenhead." He handed me marriage certificate produced, which I have compared with the register and found correct, of the marriage of James Hailstone, 33 years of age, bachelor, and Alice Ranscombe, 47, spinster, on August 25, 1910, at Fulham Registry Office. Prisoner said, "I have not seen or heard of my husband for about eight years. He" (Hailstone) "told me he was dead. I had been living with Hailstone for seven years before I married him. I do not know if my husband is alive or dead only from what Hailstone says." When charged she said, "I did not know he was alive when I married Hailstone. I married my first husband at Broad Parish Church, Berkshire, on June 6, 1881."
JAMES HAILSTONE , 21, Willow Vale, Fulham, foreman baker. On August 25, 1910, I went through the form of marriage with the prisoner, of which the certificate is produced. (To the Judge.) I did not know prisoner was married. I first knew her at Maidenhead in 1902; I used to serve her with bread; she was carrying on a laundry business. I never saw her husband. She went by the name of Stacey. I lived with her from February, 1903; we then went to St. John's Wood, afterwards to Enfield for 12 months, then to Catford for two or three years, to Lewisham for two and a half years, about five months at Herne Bay, and then at Shepherd's Bush. I first knew that her husband was alive on March 22 at the Police Court. I was under the influence of drink at the time and I had been placed in an observation ward and she threatened to have me put away for two years, and I went to see if she was my legal wife. I cannot say whether I told the officer that I knew her first husband was alive—I was in drink at the time.
EMMA KNIGHT , Broad, Maidenhead. Prisoner married my brother, Frederick Stacey, on June 6, 1881; he is now living—I saw him this morning. They lived at Broad, Maidenhead, for 20 years, up to 1902, when the prisoner went away from her husband.
The Common Serjeant held that, the onus being upon the prosecution to prove that the prisoner knew her husband was alive, there was not material for the Jury to convict. A verdict of Not guilty was returned.
ADAMSON, Henry (24, artist), and ALEXANDER, Charles (34, tailor), Alexander stealing £9 6s., the moneys of Archibald William Bartlett and another, and £7 10s., the moneys of Ernest Andrew Orr; both stealing four £5 Bank of England notes and the sum of £10, the moneys of W. T. E. McGuckin.
Mr. Horace B. Samuel prosecuted; Mr. St. John McDonald defended Adamson; Mr. L. S. Green appeared for Alexander, who pleaded guilty on both charges.
Adamson was tried on the case of McGuckin.
Detective-sergeant JAMES BROWN , City. On March 24, at 3.25 p.m., I was in Fenchurch Street opposite the L. and S.W. Bank, when I saw Adamson standing in front of Donald Currie and Co.'s offices, opposite to the Bank. Two other men whom I do not identify were near him. The other two went to the doorway of the bank and were joined by Adamson. On March 31, at 3.40 p.m., I saw Adamson in Fenchurch Street, by the L. and S.W. Bank. Observation was being kept on them by other officers, and we arrested them. At the station I found on Adamson two foolscap envelopes (produced) marked "Urgent," containing blank telegraph forms, wrapped up in newspaper (produced), with the numbers 137,518 and 1,175,764 on the two envelopes. On Alexander was a similar envelope, containing four blank telegraph forms, marked "Private." When Alexander was arrested he was following a boy who had just left the L. and S.W. Bank, and had turned into Gracechurch Street. The two prisoners went into a gateway. Alexander took off his hat and overcoat, which he gave to Adamson, and followed the boy with this envelope in his hand, but the boy turned into a shop. Alexander returned to Adamson, who gave him his hat and overcoat, when we arrested them. At the station they were charged with loitering for the purpose of committing, a felony. They made no reply to the charge. Subsequently they were put up, identified, and other charges of larceny preferred against them.
Cross-examined. £2 17s. 9 1/2 d., a metal watch and chain, metal stamp case, and metal ring and other articles were found upon Adamson. I have no note of having seen Adamson on March 24. I went there, having appointed to meet other officers who were keeping observation on the bank.
Detective FREDERICK GUNNER , City. On March 24, at 3.25 p.m., I saw Alexander, Adamson, and a third man not in custody standing about opposite the L. and S.W. Bank in Fenchurch Street. After five minutes they went into Gracechurch Street, turned back, stood at the corner of Lombard Street, returned to Fenchurch Street, and shortly afterwards left, going down Lombard Street.
Cross-examined. I had orders from my superior officer to go to the L. and S.W. Bank at Fenchurch Street owing to robberies from persons leaving banks having been reported. I came on duty at 2.45 p.m.
WINIFRED BISH , shorthand clerk to Anderson and McGuckin, 47 and 51, Featherstone Street. On March 24, at 3.30 p.m., Mr. McGukin gave me an open cheque for £30 to get changed at the London City and Midland Bank in Queen Victoria Street. I arrived there at about 3.50, received four £5 notes, and £10 in gold for the cheque, and left the bank, when Alexander, with his hat and overcoat off, came up to me, and said, "That cheque you just gave me was not endorsed. Take this" (handing me sealed envelope produced) "and give it to the governor. Give me the money and I will take it back to the bank." Thinking the cheque was in the envelope I gave him the money and went back to the office; when the envelope was opened we found it contained three blank telegraph forms.
Cross-examined. I did not see Adamson at all.
JOHN HENRY GILLIES , inspector, Railway Omnibus Company, Limited. On March 24, at 3.45 p.m., I alighted from an omnibus I had inspected opposite the London, City and Midland Bank in Queen Victoria Street, when I saw the two prisoners. Adamson was looking in the doorway of the bank, Alexander was about three yards off on the pavement, and a third man was standing on the curb. Alexander walked towards Adamson, both looked into the bank and spoke to one another. A little after Miss Bish came out. The two prisoners and the third man closed up and followed her. When outside Ormonde House, Queen Victoria Street, Alexander went into the doorway, took his hat and overcoat off and gave them to Adamson to hold, then went forward and followed Bish. I lost sight of them as they passed the Mansion House Station, but following into Cannon Street I saw Alexander talking to her. He was tapping her on the arm with a pencil which he had in his hand. He bowed to her and left her; I saw she had a long envelope in her hand. Alexander then walked back to Ormonde House, where the other two were standing, received his hat and coat and put them on. The following Saturday I picked the two prisoners out from amongst nine other men at the station. I am sure they are the men.
Cross-examined. I particularly noticed the three men because they were acting suspiciously. I wear spectacles as I am short-sighted; I could see distinctly. Adamson wore a long dark overcoat with a velvet collar, something like a motor-coat, of a kind of mixture, and a bowler hat. I was at the Mansion House when the prisoners were about to be brought up in a taxi-cab—the officer asked me to go round to the back of the Mansion House, as it would not be right for me to see them. Brown certainly did not bring me back to identify them in the taxi-cab. I was brought into the room, and picked them both out without hesitation from a number of others. I gave a description of the prisoners to Police-constable Brown. I said Adamson was dressed in rather darkish clothes, with a bowler hat, smart appearance, dark, about 5 ft. 7 in., or 8 in. Alexander was shorter—about 5 ft. 7 in., both clean shaven. I am positive they are the men.
Re-examined. I never saw Adamson from March 24 until I picked him out at the Mansion House.
HENRY REES BROUGHTON , second cashier, London City and Midland Bank, Queen Victoria Street. Adamson has no connection whatever with my bank. On March 24, about 3.45 p.m., open-bearer cheque (produced) for £30 was cashed by Miss Bish for four £5 notes, numbers 44,823-6, and £10 in gold.
STAPLETON FULKE GREVILLE , clerk, Bank of England. Three £5 notes (produced) were paid in on March 28 and one note on March 29 by the London City and Midland Joint Stock Bank. There is a faint endorsement in the name of Philips on one and the Piccadilly Hotel on the other—no endorsement by either of the prisoners.
HENRY ADAMSON (prisoner, on oath). On March 24 I was not with Alexander. I was not in the City until 4.30 or later. I am not guilty of this crime. On March 24 I met a friend named Harris at the "Spaten Bar," Piccadilly Circus, at 2.30. Harris had two rugs to dispose of, which I took to Madame Cora, a friend of my wife's at 38, Shaftesbury Avenue, sold them to her for 32s. 6d., left her at about 3.20, and met Harris at the "Prince Rupert." We then went together to Butler's Restaurant, where we each had tea, bread and butter, and eggs. We had a dispute about the profit I was entitled to, I claiming 5s. and he saying I was only to have half-a-crown. We were there half an hour; left together, when Harris hailed a taxi-cab, and asked me to accompany him as he knew I was going to the City, as I had an appointment at Houndsditch at 5 p.m. I arrived in the City at about 4.10. I was wearing a light fawn overcoat. I had nothing to do with the robbery, and received none of the proceeds from Alexander. I was arrested on March 31 as stated. The two envelopes containing telegram forms which were then found upon me were handed to me by Alexander to hold while he went into a cigarette shop. I placed them in my pocket. Neither of those nor the one found on Alexander were directed in my hand-writing. I have never been convicted of any crime.
Cross-examined. I sell goods for Harris, and he occasionally sells goods for me. I have known Alexander since last July. I did not tell this story at the police-court. I told Gunner that I could prove I was not there. Gillies's statement is absolutely untrue.
Detective WALTER SMITH , City. I produce description given by Gillies. He told me that he had seen three men looking into a bank in Queen Victoria Street, that a young girl came out, the three men followed her; two of them went into Ormonde House, where one of them took off his hat and coat and gave it to the other man; he then stopped the girl outside the District Railway Station, the other men remaining behind. The man having left the girl went back to Ormonde House, put on his hat and coat, and all three went down Queen Victoria Street. He described the three men as follows: The first, aged 28 to 30, 5 ft. 7 in. or 8 in. in height. dark hair and complexion, clean shaven, stiff build, dressed in long brownish tweed overcoat with strap at back, blue serge suit, bowler hat, collar and tie.
The second man, aged 28 to 30, 5 ft. 7 in. or 8 in., hair and complexion dark, clean haven, dressed in long brownish overcoat with strap at back, collar and tie, bowler hat. The third man, aged 23 to 25, height 5 ft. 9 in., hair dark, rather curly, complexion fresh, clean shaven, slim build, dressed in grey overcoat, collar and tie, bowler hat; smart appearance and apparently Jews.
ARTHUR HARRIS , 29, Maiden Street, Burdett Road, job-stock buyer, corroborated Adamson. The rugs were sold for 32s. 6d., and having cost 15s., Adamson claimed 8s. 9d. as his half of the profit, but he owed me a few shillings and I refused to give him more than 5s. We left Butler's Restaurant at about four in a "W. and G." taxi-cab. I have seen the driver since, but could not get him to come here to give evidence. We arrived at Lombard Street at 4.30 p.m. I am sure this was March 24, because I had a bet on the horse Rory O'More and lost it.
ALICE LOUIE CUNNINGHAM , manageress, Butler's Restaurant, 23, Newport Court, Charing Cross Road. Adamson is a frequent visitor at my restaurant. On March 24, at 3.15 p.m., he came in with Harris; they had tea and eggs; they had a dispute over 5s., and left about 4 p.m. I recollect the day because it was the day before Quarter Day; they left just before I took tea over to the Hippodrome, which I regularly do at 4 p.m.
Cross-examined. I sometimes take tea to the Hippodrome at 3.30. I only know Harris by sight as a customer. He asked me to give evidence yesterday; he said I might prove something about where Harry (Adamson) was. I cannot say how I knew that I was asked about March 24—it was the first time Harris was ever in my shop. The two prisoners have been together at my restaurant.
(Friday, April 28.)
Sentences postponed till to-morrow in order that the prisoners might have an opportunity of giving information with regard to the third man, who was stated to have been the ringleader.
(Saturday, April 29.)
Sentence, Adamson, 12 months' hard labour; Alexander, 15 months' hard labour (both charges being taken into account).
BEFORE JUDGE LUMLEY SMITH. (Thursday, April 27.)
EVISON, Leonard (35, secretary), pleaded guilty that, having been entrusted with certain property, to wit, a banker's cheque for £2,000, in order that he might apply the same for a certain purpose, he unlawfully did fraudulently convert the same to his own use and benefit; having been entrusted with certain property, to wit, a banker's cheque for £1,000 in order that he might apply the same for a certain purpose, he unlawfully did fraudulently convert the same to his-own use and benefit forging and uttering, knowing the same to be forged, two several orders for the payment of money, to wit, banker's cheques for £2,000 and £1,000, in each case with intent to defraud. Sentence, 10 months' imprisonment, second division.
POWELL, Thomas (34, bookbinder), pleaded guilty of breaking and entering the Wesleyan Chapel in William Street, Woolwich, and stealing therein two bottles of wine, one box and certain money, the goods and moneys of Frederick Gurney and others, the trustees of the said chapel. Sentence, Two months' hard labour.
MACKENZIE, Ralph Campbell, otherwise Paisly William Lloyde MOLESWORTH (76, physician), pleaded guilty of feloniously marrying Sybil Rhoda Duncombe, his former wife being then alive; feloniously marrying Ellen Gordon Sweetman, his former wife being then alive; obtaining by false pretences from the said Ellen Gordon Sweetman £150, with intent to defraud; obtaining by false pretences from Gabrielle Sieffert 3s. 9 1/2 d., the moneys of Louis Sieffert, with intent to defraud.
Mr. R. Ernest Dummett, who appeared to prosecute, said that prisoner was first married on December 12, 1867, and his real wife was still alive. On November 5, 1910, he went to lodge at Chiswick with Sybil Rhoda Duncombe, the woman he afterwards bigamously married. On December 4 he answered an advertisement inserted by Ellen Gordon Sweetman, who was seeking a position as nurse. He went to see her at Kingston-on-Thames, and described himself. as Major-General Mackenzie, a surgeon-general in the Army. He said he was now a medical specialist, and that he had answered this advertisement because he wanted Miss Sweetman to come as a nurse. He also subsequently described himself as the Duke of St. Omars. The woman was completely deceived, and accepted his invitation to go as nurse and housekeeper for £200 a year. She left her house at Kingston and went to Surbiton with him, and he very soon persuaded her to withdraw her savings, amounting to £170, from the post office. He took £150 of this amount, and on January 2 he married her at St. Mary's Church, Somers Town. He lived with her until January 28, and he then left her and went back to the Duncombes at Chiswick, and on February 2 he went through a form of marriage with Miss Duncombe, who described herself as an artist. They lived together until February 27. He also imposed on the people with whom he lodged at Surbiton, and got sums of money from them. They obviously believed he was Major-General Mackenzie and the Duke of St. Omars, and it was clear that Miss Sweetman believed it, because in getting the £150 from her he gave her a receipt in which she was described as the Right Hon. Countess of St. Omars, and he signed himself as Surgeon-General
Viscount Ralph Campbell Mackenzie, F.R.C.S., F.R.C.P., M.D., LL.D., C.P. She also signed it as Ellen Gordon Sweetman Duchess of St. Omars.
Detective-sergeant SEYMOUR . The police first knew of the prisoner in 1893, when, as Viscount John Hutchinson Vaughan, in the peerage of Ireland, he became acquainted with a widowed lady at Southampton. He contracted a bigamous marriage with her on September 10, 1893. There is a long list of convictions up against him: In June, 1894, he called upon two sisters in Bayswater and engaged apartments as the Right Hon. George E. Moles worth, of Glynn Castle, Ross-shire, Scotland. He offered one of the ladies marriage and said he would settle £500 a year on her and £1,000 a year on his death, together with the house and lands known as Braemore, Ross-shire, Scotland.
Chief-inspector EAKINS , Birkenhead Police. Prisoner, as Colonel McDonald, King's Equerry, bigamously married a lady in Birkenhead, whose mother had to sell her home to settle up the debts he incurred.
The following convictions were proved: Dublin City Sessions, March 14, 1905, three years' penal servitude, obtaining a large quantity of military uniform by false pretences; Lewes Assizes, June 25, 1907, three years' penal servitude, stealing rings and plate.
Sentence, Three years' penal servitude on each indictment, to run concurrently.
Sentence, One month's hard labour; recommended for expulsion under the Aliens Act.
CHASE, Charles (28, accountant), pleaded guilty of obtaining by false pretences from Percy Ling a postal order for 15s., from William Charles Marsh a postal order for £1, and from Horace Edwin Pass a postal order for £1, in each case with intent to defraud.
Sentence postponed to next session.
SIMS, George , carnally knowing Lilian Ethel Gatehouse, a girl above the age of 13 years and under the age of 16 years, attempting to carnally know the said Lilian Ethel Gatehouse, a girl above the age of 13 and under the age of 16 years; indecently assaulting the said Lilian Ethel Gatehouse; SMITH,-Charles William, and WHITEHEAD, Henry Charles , attempting to carnally know the said Lilian Ethel Gatehouse, a girl above the age of 13 years and under the age of 16 years; indecently assaulting the said Lilian Ethel Gatehouse.
The prosecution, offering no evidence the jury returned a verdict of Not guilty.
Mr. Muir prosecuted; Mr. Curtis Bennett and Mr. Eustace Fulton defended.
Detective-sergeant THOMAS SUDBURY , F Division. On March 15 I saw prisoner at Elizabeth Street, Belgravia. I told him I was a police officer and held a warrant for his arrest. He said, "What for" I replied, "For obtaining a situation by means of a false character." He said, "I must admit it was false, but I must have been a fool as I had got such good references." When charged he made no reply. He was afterwards charged with forging a character in the name of Clifford. When the charge was read over he said, "I know nothing of the damage to the car, but the letters I do. I went to the address at Kingston. It was a small stationer's and toyshop. I also went to the Uxbridge address; that was a small confectioner's."
Cross-examined. I have made the inquiries in this case. Prisoner has borne a high character. I saw Lady Talbot, and found that he had been employed by Lord Edmund Talbot from November, 1909, to December, 1910. She said at times he was a bit rude, but otherwise gave him an excellent character as a driver. His Lordship was ill at the time. I have seen the character Lord Talbot wrote, and it was on the strength of that that prisoner obtained a fresh license. I made inquiries at two other places, where they spoke highly of him.
Police-constable THOMAS BURGESS, 102 F. I formerly lived at 8, Athelstan Mews. Prisoner let rooms to me. I produce the rentbook. The writing in it was written by prisoner in my presence.
JAMES RICHARD ATKIN , K.C. Defendant entered my service as chauffeur last January. He was on trial about four or five days. I was satisfied with his driving, and instructed Mrs. Atkin to take up his reference. I believed his reference was genuine. He told me that in driving to chambers to meet me he had knocked over accidentally a lady whose name is first on this list of names and addresses and he said what is perfectly true, that it was not his fault. As I had to give notice to the insurance company I asked him to write out a list of the witnesses and he later on handed me this list. In my opinion, Exhibits 1, 3 and 4 are in the same writing.
Mrs. LUCY ATKIN . Defendant applied to me in January for a position as chauffeur. I asked him for a reference. He told me he had only been temporary chauffeur with Lord Edmund Talbot and preferred that I should take up his long reference with Mr. Marshall, 27, Richmond Road, Kingston. I asked him to come on the Tuesday and arranged if he was satisfactory I would then take up his reference. On the Friday or Saturday I asked my husband if he was satisfied and then wrote to that address. I received Exhibit 1 in reply. I gave defendant notice to leave on March 1 and was looking out for a new chauffeur. Cambery came to see me on March 9. He gave a reference, but I did not
write. I received Exhibit 3, signed Clifford. I saw it was written by an ill-educated person. Cambery presented himself on the Saturday. I did not engage him.
Cross-examined. Prisoner afterwards told me he had driven for a Mr. Campbell. He mentioned that when I asked him if he knew the way to Sevenoaks. I think he said Mr. Campbell lived at Queen's Gate.
Mrs. SARAH THOMPSON , 27, Richmond Road, Kingston. I keep a small stationery shop. I take in letters and charge a penny each. I received six or seven letters in the name of Marshall. Prisoner is not the person I knew as Marshall. The letters began arriving a month or so before Christmas; it may have been as long ago as September. I have lived there 30 years. Nobody called. Marshall has never lived at our house. I have never had any letter-paper with a printed heading.
ALICE JOHNSON , 57, Vine Street, Uxbridge. I keep a confectioner's shop. I do not take in letters. On one occasion I was asked to do so. The person gave no name. It was not the defendant. I lived at this address 17 months. No person named Clifford lived there. Exhibit 3 was not written by me. I do not know the writing.
FRANCOIS CHARLES KELLY (prisoner, on oath). I am a drivermechanic. I have been 11 years in the business. Until about 18 months ago I held a hackney carriage licence. I held a motor-cab licence for about eight months. I lost it because I did not obey the regulations. Instead of depositing within 24 hours an umbrella that was left in the cab, I deposited it some weeks after, and my licence was stopped for a time. I have got it back now. I was in the employ of Mr. Charles Campbell about 19 months. He died. He gave me a character before he went abroad. I was with Mr. Smith in Scotland about two years. He gave me a character when I left. I then went back into the works for a time and went on other jobs. I filled in three years with Mr. Cummings. I obtained my license to drive a motor cab with him. In November, 1909, I went to Lord Edmund Talbot. I lost my license while with him. At the time I applied for this situation with Mr. Atkin I had a number of characters from the gentlemen I have spoken of. I had not one from Lord Edmund Talbot; I have one now. The reason I did not get one before was because he went abroad on account of his health and I could not get his address. I saw his butler, who said he could not do anything until he heard from his lordship. That being so, I went and saw Mrs. Atkin and gave her the address of Marshall, Richmond Road, Kingston, which was a false address. I have never been to Richmond Road, Kingston. I got the piece of paper, Exhibit 1, from Cambery, who had letters addressed there. I wrote Exhibit 1 because I could not get a letter from Lord Edmund Talbot. I know nothing whatever
about Exhibit 3, signed by Clifford. Exhibits 14 and 15 are not my writing. I asked Cambery to let me have a sheet of paper as it was printed.
Verdict, Guilty on the first count; recommended for mercyon account of previous good character.
(Tuesday, May 2.)
JAMES RICHARD ATKIN , K.C. About January last prisoner was in my service as chauffeur. His wages were £2 5s. a week, with rooms over the garage, which I believed then that he occupied. During the period from January to the end of February 20 petrol cans were missing which should have been returned to Harrods' Stores. My wife gave him notice on my behalf, which notice expired on March 11. A boy named Leney was employed in housework, knives, and boots. The police were called in to trace the theft of the cans. They were there on March 9. Leney was told to go that day. When prisoner entered my service I had a Delaunay car; afterwards I bought a Unic, a new car. In October the Delaunay had been done up entirely by the Clement Company, but it was not giving satisfaction; the axle was not as quiet as it ought to have been. I told Kelly to take it back for the purpose of having it attended to. On March 6 it came back and between the 6th and 11th I used it regularly. It ran quite smoothly. On the 11th he drove me to the Temple at 9.30 a.m. When I got out of the car I told him to go back to the house and see my wife. He asked me about the rooms. I said, "I suppose you are going to clear out to-day," and he said, "I was going to speak to you about that; can't I have till Tuesday? I have not been able to get another room," or "we have not been able to." I said really I could not; he had had 10 days' notice and there was a new man coming in and I wanted him out. When the Delaunay was sent to the Clements works nothing had to be done to the engine at all.
Cross-examined. Petrol cans were missed before Kelly came. Leney had been in my employ two years or longer. A charge was made against defendant in regard to the Unic car before any charge had been made as regards the Delaunay car, and he had been committed for trial in regard to the Unic. The Delaunay car was away and the damage had not been discovered. I gave instructions to my clerk to go to the garage on the 11th on receiving a telephone message from my wife. I did not know that the key of the garage was left behind the petrol tank when the garage was shut up. The petrol tank is just outside the wall of the garage. Before Kelly came I had one chauffeur on trial and another temporarily from the Delaunay Company. The previous chauffeur had been with me about a year. It was during his time that some of the petrol cans had gone. There
are a good many other garages in this mews, perhaps 20. Betweew March 14 and 23 I should think the Delaunay car did 180 miles. I did not pay Kelly his wages when he left.
Mrs. LUCY ATKIN . On March 9 a man named Cambery came to me for a situation. Prisoner was under notice. I did not engage Cambery. On March 11 I expected Kelly to call at the house for me at 10.30 a.m. As he did not call I went to the garage and found him there. He had got the bonnet of the car open. I asked him why he had not come round. He said, "I was just going to." There were two other men looking into the car. I think one was Cambery; he had his back to me. I had engaged another chauffeur, who was coming at two o'clock. I telephoned to my husband. I asked him to send someone to help me as it was not very pleasant. He sent his clerk, Albert Hamer. Before I telephoned I had noticed a scratch on the door of the car. I said the car had been damaged. Kelly said, "You do not think I would do such a thing as damage your car." At 12.30 Harrods' man was there taking an inventory. Kelly was very angry; he said he had never had such a thing done before as to have an inventory taken and it was enough to turn an honest man into a thief. I cannot remember all he said; he said a great many things; I gathered I had such a reputation that no one would enter my service. He said he could bring a witness. He opened the door and asked a man to come. I said to the man, "I think I know you; you are the man who has been after the place this morning"; that was Cambery. I said, "Rather an unfortunate witness if the place is so bad that your friend should come after it."On March 12 I started to go to Sevenoaks with the new chauffeur. Directly we got to Vauxhall Bridge I noticed the car was going badly. It got worse and worse. At Lewisham it stopped; the chauffeur got out; he said we could not go any further. I remember the Delaunay car going away and coming back. (Witness deposed to the mileage made by the car.)
CECIL MEPSTEAD , chauffeur to Mr. Atkin. I went to the garage about two o'clock on March 11. I got the key of the garage from Mrs. Atkin. I had a slight conversation with Kelly. I was greasing up at the time. He said, You won't want to grease up; I have greased and oiled everywhere. I looked at the oil tank; it was full. This was the Unic car. On March 12 we started for Sevenoaks. The car broke down five times. The car was towed to the Unic works. I saw the engine opened. At the bottom of the crank case there was a sediment like emery powder. Emery powder could not get there by accident. I did not put the powder there. On the 14th I fetched the Delaunay from the Clement works. It went back again on the 23rd. It was kept locked up in the garage. Nobody could get at it. When I first took the Delaunay from the works I complained of the engine knocking; it gradually got worse. I mentioned it to Mrs. Atkin; she thought it should be seen to. I drove it 150 to 170 miles; it may have been 180. On the 23rd I drove it to the Clement works. It was stored two days before anybody could attend to it. Nobody could have put emery powder into it while it was in my care.
WALTER HARNETT , fitter, Clement Motor Company, Limited, 3, Leicester Street, W.C. I remember Kelly bringing the Delaunay car on March 6. He only mentioned the back axle and said he could find nothing wrong with it. He said the car might as well be left in the works a week and sent back again.
FRANK LENEY , 46, Coomer Road, Fulham. I was employed by Mr. Atkin as house boy and washer for the car. I was there two and a half years. I remember the Unic car coming and the Delaunay car going away. I did not put emery powder into it and do not know who did.
JOHN HERBERT WESTINGTON . Leney is my cousin. He allowed me to keep my bicycle in Mr. Atkin's garage. I am assistant mechanic at Lester's garage, which is next door but one to Mr. Atkin's. I did not put emery powder into Mr. Atkin's cars. I do not know anything about it. I knew where the key was kept and used to get my bicycle out with it when the garage was not open or Kelly or Leney were not there. As far as I know nobody but we three knew where the key was kept.
ALFRED OLIVER , car washer to Mr. Atkin. I entered Mr. Atkin's service on March 11. I had no previous experience of motor cars. I did not put emery powder into the Unic or Delaunay cars. I do not know how it came to get there.
LOUIS J. LESTER , 10, Athelstan Mews. Mr. and Mrs. Atkin have not dealt with me through their chauffeurs for 12 months. They have had odd little things and have paid me for them right away. I have no sort of ill-will towards Mr. or Mrs. Atkin. I do not know how the emery powder got into the cars; if I knew I should certainly say.
Cross-examined. I was in my garage when Kelly returned from the Temple on March 11. I was there all day. There are people up and down the mews all day. There are a dozen cars in the mews. A number of people about there understand motor cars; that is how they hold their jobs. The first time I spoke to Kelly that day was when Mrs. Atkin sent for me. It was between 12 and two. I did not see him after he told me he was waiting for his wages. I saw the carpenter there putting on new locks, Mr. Atkin's clerk, the present chauffeur, and Mrs. Atkin. My garage is next door but one.
ALFRED WILLIAM HAMER , clerk to Mr. Atkin, On March 11 I got to the garage about a quarter to 11. The car was inside the garage. The carpenter was then putting on locks. Mrs. Atkin showed me the damage on the door of the car. Harrods' man came about 12.20 to take an inventory. I locked the garage and gave the keys to Mrs. Atkin.
FREDERICK ANDREWS . I went to the garage at 10.20 and put on new locks. The car was not then in the garage; it came back about 10.40. I finished my job about one The car was then in the garage. Kelly was driving the car when he came in. He had a man with him on the front seat. I do not know his name.
WILLIAM MCKEAN , fitter, Clement Motor Company. I remember the Delaunay car being brought to the works on March 23. I examined it on March 27. In the base chamber I found some foreign substance; I should say it was emery. I showed the condition of the engine to Mr. Atkin and Mr. Critchley. Mr. Critchley took the stuff cut of the base chamber and took it away.
Cross-examined. There was no emery in the lubricating tank.
Mr. WIRTZ, consulting chemist and analyst, 28, Great Ormond Street, W.C. Exhibit 12 (mixture taken from the Unic car) is what we should call knife-grinding powder.
FRANCOIS CHARLES KELLY (prisoner, on oath). After complaints that petrol cans were missing I was given notice to leave. I took the Delaunay car to the Clement works about February 28. The back axle was wrong. I did not see the car again. On March 11 when I drove Mr. Atkin to the Temple in the Unio car it went all right. I went straight back to the stable, as I always did, and left it outside the coach-house in the usual place. When I got there two men came up to me at once and a man was outside who had come to put on locks. The other men were Cambery and Good. The locksmith started to do the doors and when he opened the doors I put the car in. Immediately afterwards Mrs. Atkin came, also the clerk; he said he would stay there till I cleared out. I never at any time put anything into either of the cars.
Verdict, Not guilty.
Sentence (on the first indictment), One month, without hard labour, as from the first day of the Session.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, April 28.)
Mr. Graham-Campbell, Mr. Oddie, and Mr. Harold Murphy prosecuted; Mr. W. W. Grantham defended.
LOUISA EAST , 17, C Block, Peabody Buildings, Glasshouse Street, Whitechapel. Deceased, who was my daughter, was 29 years old; her husband died last August. She had one boy, aged six; she had a room at 42, A Block; she was quite a sober woman. Prisoner had, I think, been living with her since just before Christmas. I last saw her alive on March 25; about a week before that she told me that she and prisoner had parted.
Cross-examined. I had known him for some time. On this day he seemed very strange.
GEORGE CREASE . I have known prisoner a long time. On March 25 I was with him from about 11 to two. He seemed very much upset and hardly knew what he was saying. He had told me that he had had a row with Liz; he said he was going to do himself in and Liz on pension day. About six o'clock I saw him again and he said, "I have done Liz in"; he showed me and Rowley, who was with me, his hands and clothes, all smeared with blood; he said he hit her with a hammer and cut her throat; he said he was going to give himself up.
Cross-examined. In the week before the murder I had noticed prisoner's strange manner; he seemed a changed man. He had been in the Army and served in India; since he came home he was 17 weeks in the infirmary with the ague. (Prisoner's discharge sheet from the Army was produced; it was marked "V.G.; no offence during the last three months.")
JAMES ROWLEY , corroborating Crease, said that prisoner told them he had done his old woman in; that he met her coming down the stairs and asked her for his shirts; that they both went back together and had a meal; that he picked up a hammer and hit her on the temple, and then cut her throat.
Cross-examined. For a week before I had noticed a complete change in his manner.
FREDERICK LUKE BARNES said he saw prisoner in a public-house on the 24th; deceased was there, but not talking to prisoner; prisoner pointing to her, said, "That's my old woman." This witness also had noticed a change in prisoner's manner and appearance.
Cross-examined. During the two months I saw deceased and prisoner together they both seemed affectionate and on very happy terms; I had not heard that they were about to be married.
Sergeant ALBERT BOREHAM , H Division. On March 25, about half-past six, I was called to 42, A Block, and there saw the dead woman. Near the body I found a blood-stained hammer. The room seemed in good order.
THOMAS JONES , Divisional Surgeon, H Division. I went to deceased's room about half-past six and saw the body. She had been dead about three-quarters of an hour. She had a deep wound on the face underneath the right eye; this might have been caused by a forcible blow with the hammer produced. There was a deep wound in the neck, dividing all the structures, and three other superficial wounds; these might have been caused by the razor produced. The cause of death was hemorrhage and cessation of breathing. On the same night I saw prisoner at the station; he was rational and not at all under the influence of drink.
Detective GEORGE CHAMBERS , H Division. At 7.15 I searched prisoner and found on him two blood-stained handkerchiefs; also his Army discharge. Subsequently I went to some waste ground in Mansell Street, where I found the razor produced.
COURTAINE THOMAS CHIVERS , coroner's officer for the Eastern Division, produced the signed deposition made by prisoner at cue inquest held before Mr. Wynne Baxter on March 28. Prisoner, after being cautioned, said that up to March 19 he and Kempster had always been happy together and never quarrelled." On that day, about 5 p.m., deceased came from her mother's upstairs to her own room. She seemed downhearted. I said, 'What is the matter, girl?' She said, 'Nothing.' I said, 'Yes, there is; I can see it. Tell me what it is.' She would not. I was upset myself. About 8 p.m. she said, 'Let's go downstairs and see father and mother, sister Lou, and Bob.' She said, 'Wipe your eyes,' as I had been crying through the worry of her not telling me what was the matter. Then she said, 'Never mind, we won't go out to-night. We will have a drink indoors instead.' I went to get a pint and a half in a jug. We sat upstairs and drank it. After we drank the beer she said, 'I wish you would go.' I said, 'Go where? 'She said, 'Go and leave me.' I said, 'Why?' She said, 'I'll work and keep the child.' I said, 'Who have you been with?' She said, 'Mind your own business.' I said, 'Do you mean me to go?' She said, 'Yes, and try and forget me.' I said, 'That I can never do.' She said, 'You must try.' No more was said that night. About 6.30 a.m. Monday I got up and had breakfast. I asked her, 'Are you in the same mood as you were last night?' She would not answer. She walked out of the room; never said good-morning nor nothing. I then dressed the boy, sent him to his grand-ma's. Then took my suit and pawned it for 12s. Met her at 2.30. We went in the 'Grasshopper' and had a drink. She said, 'Hello, where did you get that money'? I said, 'Pawned my suit for 12s.' She said, 'How much have you got left?' I said, 'About 8s. or 9s.' She said, 'Give it to me, you don't want to spend it.' I gave her about 8s. 6d. She gave me about 2s. back. She said, 'That
will be enough for you to get on with to-day. If you want any more come to me.' She went back into work. I went-home. I went and met her coming from work at night. On Tuesday she came home from work. I poured out a cup of tea for her. She said, 'I do not want it.' I said, "What's the matter?' She pointed to the door and said, 'Go; the trouble I've got into I'll face. I can work and keep myself and the child.' With that she laid on the sofa. I tried to get her to speak, but she would not answer me. I saw her on the Wednesday. I stood by her. She would not speak to me again. Thursday and Friday the same. Saturday afternoon" about 2 p.m. I saw her in Whitechapel Road going into the 'Old Red Lion' public-house. I looked at her. She laughed at me. I walked down into the public-house to her. I said, 'Lizzie, you're driving me mad.' No answer. I said to her, 'Would you take my papers in next Saturday morning?' She nodded her head. I left her there. A little later I went back to the public-house, where I saw deceased and another woman whom she works with. I called for a glass of ale, sat down, and said to her, 'Think of what you are doing, Lizzie.' She wouldn't answer me. I said, 'Look at me.' She would not look at me. I said, 'Are you afraid to look at me?' She said, 'I'm afraid of no one.' We came out. She went home. I walked up and down the road, went round to Mrs. Miller, 155, Montague Street, Vallance Road, and asked her to loan me 2s. 6d. She did so. I then made my way to Aldgate till I got to a stall, where I bought a razor for eighteen pence. I then went to Glasshouse Street, and met deceased there. She said, 'What do you want?' I said, 'I want you and nothing else.' She said 'You're mad.' We went upstairs. She lit the fire, made the tea, cooked two rashers of bacon, three eggs. We sat down and had tea together. I said to her, 'Have you considered?' She says, 'Yes.' I said, 'What is it to be, are we to live together or apart?' She said, 'Apart.' Then I said, 'Nothing but death shall part us.' I picked up the hammer what was in the fireplace, hit her on the temple. She fell, and her words were, 'Oh, my, don't.' I drawed the razor across her throat, knelt down by the side of her, kissed her, and said 'Good-bye, we shall meet above.' I then left the room. I went towards Mansell Street, threw the razor and came away. I walked about for a time till I met some one I knew (Crease), and stated to him as already has been stated by the witnesses.... I then went to Lemon Street Station and gave myself up."
Mr. Graham-Campbell said that, as the defence indicated in crossexamination, was that of insanity, and it had been intimated to him that no witnesses would be called, he thought it proper to call the prison doctor.
no evidences of insanity, or delusions or hallucinations. My opinion is that at the time he did this act he knew its nature and quality, and that it was wrong. He seemed perfectly rational, though rather depressed at times.
Cross-examined. There have been cases where people who have been temporarily insane for a short time have become perfectly rational afterwards.
Sentence, 10 years' penal servitude.
BEFORE THE RECORDER.
(Friday, April 28.)
GOODCHILD, Robert Charles (31, postman) , stealing one postal packet containing one pair of sleeve links and 12 penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted.
HARRY ERNEST AUSTIN , clerk, Secretary's Office, G.P.O. For four or five months there were complaints of losses of letters passing through the Eastern District office, at which prisoner was employed as a postman, and in the middle of March I commenced making inquiries. I suspected prisoner and on March 28 I made up a test packet containing a letter, 12 penny postage stamps, and a pair of sleeve links, which I put into a match-box which I wrapped in brown paper securely tied with string. I fixed a label to the packet, which I addressed to "H. Murray, 18, Marlborough Road, Clapham Common." I had marked the stamps and the links. I showed the 'packet to Wilson and Hellicar, two overseers at the office, and at 10.40 a.m. on March 29 I posted it outside, giving certain instructions to Wilson. About 12 noon Wilson made a report to me and I saw prisoner about 3 p.m. I told him who I was and that I was making inquiries about missing letters. I first cautioned him, described the packet to him, and stated that I had posted it; that it had been placed before him to be dealt with and that it could not be found. I asked him what he had done with it. He said, "I have not seen it." At my request he turned out his pockets and produced this snuff box, which contained these 14 penny stamps. He said, "I bought them about a fortnight ago. There were two shillings' worth." I developed my mark on three of the stamps in his presence. I said, "I identify these stamps as those enclosed in the packet I described to you. Have
you any explanation to offer of your possession of them?" He said, "I bought two shillings' worth a fortnight ago. There are no others, than those in the little box." He went on to say, "I found some on a sorting table this morning at about 11.30. These must be the ones." I said, "You know it was your duty to hand up any loose stamps found in the sorting office," and he said, "I was not aware of the fact. I suppose by rights I should have done so." All the postmen have a printed copy oil the rules, which they are supposed to make themselves acquainted with. I asked him what had become of the sleeve links, and he said, "I have not seen them." He was taken to the G.P.O., where he was given into custody. On the next day Sergeant Walker handed me these sleeve links (produced), which I identify as the ones I put into the packet.
Cross-examined by prisoner. You said that the whole of the 14 stamps were part of those that you had purchased.
JAMES WILSON , overseer, Eastern District Office. Prisoner has been employed at my office about six years, and he received 33s. a week. On March 29 Mr. Austin showed me the test packet and gave me certain instructions. At 10.40 a.m. I made a collection at the office and found the test packet, which I put in on a sorting table to be dealt with in the usual way; it should have gone eventually to the basket for Homerton. Later I looked in the basket and did not find it. Prisoner was engaged with two or three others in sorting the collection, and amongst others he would have to sort the Homerton parcels. I made a report to Mr. Austin.
To prisoner. I saw you helping to sort, but I did not see the packet actually in your hands.
JOHN FREDERICK HELLICAR , overseer, Eastern District Office. On March 29 Mr. Austin showed me the test packet. Later that day I saw it in the basket with other packets and I put it on to the general packet sorting table with other packets. I saw prisoner put it into the local basket, and that was the last I saw of it.
Police-constable PERCY WHITE , A Division. I was present at the interview between Mr. Austin and prisoner on March 29. I took prisoner to the G.P.O. He was there given into my custody. Sergeant Walker and I then took him to the station in a four-wheeled cab; the driver was named Neil.
To prisoner. I searched your pockets and clothing at the Eastern District Office and found nothing. You took your boots and socks off. You changed into plain clothes in my presence. It was certainly possible for the links to be on you without my seeing them; they may have been in your pants; I did not ask you to undo them. I said I was satisfied you had nothing on you. Whilst in the cab I did not see any movement on your part when you might have got rid of the links. I was sitting facing you.
handed me these links (produced), which were identified by Mr. Austin, to whom I gave them.
To prisoner. I did not see any movement on your part when these links may have been planted by you.
JOHN NEIL , cabman. At 6 p.m. on March 29 I was on the rank when I had a call to the G.P.O., when I saw Sergeant Walker, Sergeant James, and another man. I drove them to Cannon Row Police Station. I did not have another fare that evening, and I "put up" at about 8.30 p.m. The next morning at nine, when cleaning my cab before going out, I found these links (produced) between the back of the cab and the back of the cushion, and at about 10.30 I I gave them to Sergeant Walker.
To prisoner. I am sure you sat on the near side at the back of the cab where I found the links.
Sergeant WALKER (Recalled. To the Court.). Prisoner sat on the near side at the back of the cab.
H. E. AUSTIN (Recalled. To the Court.). The stamps, when I put them in the packet, were divided up into blocks of six, four, and two, as they are now.
ROBERT CHARLES GOODCHILD (prisoner, not on oath). I have nothing to say except that I am innocent. The stamps were found on me on the sorting table at 11.30, and I know nothing whatever about the sleeve links.
Sentence, Nine months' hard labour.
Mr. Roland Oliver prosecuted; Mr. Sidney Edwards defended.
SARAH MEEK , wife of Frederick Meek, 15, Bush berry Road, Homerton. I am caretaker of 16, Bushberry Road At 7.15 a.m. on February 22 I was coming up my passage when I heard the street door go of No. 16, which is next door. I ran and opened my front door and saw prisoner leaving the last step of No. 16. There are no railings between those steps and mine; they are next to each other. He had a parcel under his arm. He ran into the gutter and I called after him." All right—you dirty swine!" He took a running walk to the other side of the road and then turned round. I saw his face. He went on four or five yards and then turned again. I saw his face again sideways. He was dressed in a darkish grey cap, a tight-fitting brown coat, and a dark pair of trousers. He went straight on to the top of Bushberry Road. I went into No. 16 and found the long pipe with two brackets in the middle of the parlour ceiling gone. The gas meter was partly pulled away. I had last seen them at 9.45 the previous evening. I gave a description of prisoner to the police the same day. On March 17 I picked him out from nine or 10 men; I went by his features; he had long features. I looked down the row three times and I picked him out. I said, "That is like the
man." He had different clothing on. I am positive now he is the man, I saw him the 22nd.
Cross-examined. I do not know why I called after him except that I was suspicious. I could see him clearly across the street. Although there was no sun, there was a good light. My daughter, who was not fully dressed, was behind me when he turned round. The reason I did not follow him was because I had to get breakfast for my family. I did not go to the police then because I knew the landlord was collecting the rent at 10 o'clock and I thought I would tell him. I told his brother at a little after 10. Prisoner took off his overcoat that he was wearing before I identified him. The parcel he was carrying was about a foot long. I do not know if the things that were missing could be got into a parcel that size.
Re-examined. I had never seen prisoner before this.
(To the Court.) The back door was closed but not bolted, and a person could get in, but he would have to come over the railway.
EDITH MEEK , daughter of last witness, 15, Bushberry Road. On the morning of February 22 I was in the kitchen when I heard the door close next door. I called to my mother, and as I called she ran up the passage and opened the street door. I followed her, when I saw prisoner leaving the kerb and crossing the street. He was carrying a bulky brown paper parcel. Mother called to him and he looked round. I saw him side face. He had a tight-fitting brown coat on. On March 17 I picked him out from nine or 10 men at once. I said that he was the man, but that I might tell him better by his back and he turned round. I noticed that when I saw him he was very broad-shouldered and tall. I identified him by his face.
Cross-examined. My mother was in the washhouse when I called her and it would not take her a minute to get to the front door. I did not see him full face. I was looking over my mother's shoulder when I saw him. I noticed that his features were thin. It was a fine morning and there was plenty of light. It was not a very large parcel he had.
Re-examined. The two front doors are quite close. You can hear the door bang from our kitchen.
Police-constable CORY , 5 J.R. About 10 a.m. on March 22 Mrs. Meek gave me a description and I tried to find a man answering that description. At 11 p.m. on March 17 I saw prisoner in Mare Street and told him I should take him into custody on suspicion of stealing gasfittings from 16, Bushberry Road. He said, "I do not know anything about it." On the way to the station he said, "I hope you will not keep me there all night." I said, "We shall get the witness and put you up for identification as soon as possible." Nothing of importance was found on him. When charged he said, "I am perfectly innocent of the charge."
SIDNEY JARVIS , collector, Gas Light and Coke Company, Limited. On February 23 I went to 16, Bushberry Road and found a double pendant, a single pendant, and three brackets stolen. I have had prepared
a parcel of things similar to the ones stolen, showing how they could be cut down; it is about a foot long and bulky (produced). It can be carried easily under the arm.
Cross-examined. The value of the goods stolen is £1. I cannot say what their value would be when cut up.
Detective-sergeant WILLIAM SMITH , J Division. I was present when the witnesses identified prisoner. He was placed with 10 other men of similar dress and stature. Mrs. Meek looked along the line for about two minutes, touched prisoner and said, "I think this is the man." She was told to be careful. Prisoner turned round and she said, "That is the man. He was wearing a tight coat at the time." He was wearing a dark overcoat, which he took off and put on again. Edith Meek was then brought in. She looked along the line for about a minute and then went over to him and said, "I should know him better from his back as he had his back to me when I first saw him." He took off his overcoat and turned round. He then said, "That is the man. I saw his face after he turned round and looked at me." Later prisoner said, pointing to Mrs. Meek, "The lady said I was wearing a tight-fitting coat. I can prove I never had one." I have often seen him wearing a tight-fitting suit, but not recently.
Cross-examined. Prisoner stated before the magistrate that he was so hard up on February 22 that he had got a friend to pawn a pair of boots. This was true.
Mr. Edwards submitted that there was no case to go to the Jury, there being insufficient evidence of identification. The Jury were invited to state their view and they returned a verdict of Not guilty.
BEFORE THE COMMON SERJEANT.
(Friday, April 28.)
TSCHERNIADIEFF, Alexandre (56) , conspiring and agreeing with a person calling himself Count d'Aulby and with other persons unknown to threaten to publish and to propose to abstain from printing and publishing certain matters and things touching a certain other person, to wit, Lucy Tate De Choiseul (formerly Paine) with intent thereby to extort money.
Mr. C. F. Gill, K.C., Mr. Muir, and Mr. Oddie prosecuted; Mr. Marshall Hall, K.C., and Mr. Curtis Bennett defended.
GEORGE RODIER , son of Gabriel Rodier, vineyard owner, Bordeaux, barrister, secretary to the French Minister for War, and partner in Rousseau and Co., wine merchants, of Bordeaux and Paris. In June, 1910, I met prisoner at the Cafe Royale in London, when conversation arose with regard to the trial of Count d'Aulby at Tours. Prisoner said he knew that Mrs. Paine (the prosecutrix in that case) had written some very compromising letters to d'Aulby and that she was wrong to have put him in prison as he would use the letters when he came
out of prison and would be abe to get a lot of money by giving the letters back; that the letters had been sent to London to avoid their seizure by the French police, that here were about 200 letters written in English which had been translated into French at a cost of £48; that he (prisoner) had seen the letters and had been asked to take them to Paris, he had refused to do so; that a friend of prisoner's had some of them in his possession and that they had been photographed with prisoner's camera. I am acquainted with Madame Rhim, the companion of prosecutrix, and communicated with her. I again saw prisoner in October at the Caf?e Paris, Haymarket. I told him I did not believe what he said about the letters. He said he would send a photograph of one of them to me in Paris. He afterwards wrote letter produced of November 25, stating that he could not send the photograph as the person who had it wanted money before he would part with it. Prisoner gave me an order for wine for the King of Montenegro.
Cross-examined. I never met prisoner until June, 1910. The conversation about the d'Aulby case was started by another gentleman at the Cafe Royal. Prisoner afterwards spoke to me separately—we were talking perhaps 10 minutes. I did not know Mrs. Paine personally—she was a customer of my firm. I met prisoner at Lausanne when he asked me to lend him £50 and also to change a bill of exchange, which I refused to do. In November I saw prisoner twice—I introduced the conversation about the letters. Prisoner told me he knew the solicitor who had the letters.
JOSEPH LABIQUE , Paris, retired avoue. In March, 1910, I advised Mrs. Paine in the matter of d'Aulby. (Mr. Curtis Bennett objected to evidence about d'Aulby, as there was no connection shown between him and the prisoner. Evidence admitted, subject to proof being subsequently given of the connection.) D'Aulby was represented in England by Berin and Rodier, solicitors, 17, Sackville Street, and in Paris by their agent, Mr. Boddington, and by Maitre Alain, and Maitre Maurice Bernhart. On May 25, 1910, I saw Alain and Boddington in Paris, who showed me typewritten translations of a number of letters from Mrs. Paine to d'Aulby. Alain proposed that we should purchase the originals for 175,000 francs.
(Saturday, April 29.)
JOSEPH LABIQUE , recalled. Alain left the copies with me for 24 hours; the scandalous passages were marked with red spots. Alain advised me to persuade Mrs. Paine that it was in her interest to purchase these letters for the sake of her reputation among the American colony. I returned letters the next morning. D'Aulby was tried in December, 1910, at Tours. A number of original copies of translations of letters were handed over to Maitre Deschenes, avoues or Mrs. Paine, and it was arranged between the avoues of both sides that all letters from Mrs. Paine to d'Aulby should be returned to her and she would withdraw from the prosecution. I was not present at the
discussion—it was between the solicitors. On January 10 or 12 Maitre Deschenes brought me a large bundle of letters, which I compared with a list I had taken of the copies handed to me by Alain in May. I then found that the original of the letter of January 1, 1909, was missing, but appended to the copy was a note that the original had been sent to Boston. The missing letter was afterwards handed to me on February 12. D'Aulby on January 14, 1911, was sentenced to one month's imprisonment and ordered to pay the costs of the prosecution. The conviction was recorded with regard to the fraudu-lent sale of one picture.
Cross-examined. I am the editor of a legal paper. After the death of Mr. Paine, d'Aulby had made a claim for £40,000 against Paine's executors for pictures alleged to have been sold to Paine. Mrs. Paine then brought an action against d'Aulby on the ground that the pictures sold were all faked, and particularly claiming 75,000 francs for one called "L'Antiope"; she also claimed 315,000 francs for money paid to d'Aulby for pictures. All matters were settled on the condition that the letters were delivered up.
Re-examined. D'Aulby did not commence an action against Mrs. Paine—he made a claim on the executora in Boston.
(Monday, May 1.)
LUCY TATE DE CHOISEUL , wife of Gaston Duc de Choiseul, 33, Avenue Bois de Boulogne, Paris. I was formerly married to Charles Hamilton Paine, of Boston, U.S., who died in 1909. Before his death I was acquainted with the Countess d'Aulby de Gatinez and was afterwards introduced to her husband, Count d'Aulby. Mr. Paine and I took a house in Paris, which we furnished, buying a number of pictures from d'Aulby, and at his request we took charge of a number of others in order to save d'Aulby the cost of warehousing and insurance. At Mr. Paine's death d'Aulby claimed £40,000 for the pictures which we had taken charge of and which he alleged had been sold to Paine. In valuing for probate the valuation was made of the pictures sold to us and in March, 1910, I commenced civil pro-ceedings against d'Aulby. In April a criminal charge was made against d'Aulby; he remained in custody until January 14, 1911. During Paine's life time he and I corresponded with d'Aulby. I was not a party to any bargaining for the purchase of the letters. Meetings took place between the solicitors at Tours and I ultimately agreed to withdraw from both the civil and criminal proceedings on all the letters being delivered up. I never entertained any offer to give him a sum of money for the letters. After I withdrew, the criminal prosecution, which was conducted by the Public Prosecutor at Tours, was concluded, and d'Aulby was sentenced to one month's imprisonment and to pay the costs of the prosecution. The picture, "L'Antiope," was bought by Paine for 75,000 francs as a genuine Carot. The cross-examination of this witness was reserved.
Chief Inspector ELIAS BOWER , New Scotland Yard. On December 6 I received a warrant at Marylebone Police Court and on December 12 I with two other officers saw prisoner at 189, Goldhawk Road. I said, "We are police officers. Is your name Count Tscherniadieff?" He said, "Yes, that is my name." I said, "I have a warrant for your arrest," which I read to him. He said, "I do not know Count d'Aulby, but he is in prison in France." Turning to a lady who was present he said d'Aulby's accuser was his lover or mistress, but she charged him with obtaining 200,000 francs from her about some pictures. Prisoner then asked to be allowed to write a cheque for the lady and also for his solicitor, which he did. I took possession of a quantity of papers and took him to the station. He asked me to communicate to his solicitor, Berens. Among the papers is a quantity of notepaper of various foreign hotels, of the Junior Constitutional Club, and of the Portland Hotel. In a pocket-book is the name "Duc de Choiseul" and the address of his advocate "Maitre Plumont, 16, Avenue de Friedland, Paris," also an envelope addressed to Count d'Aulby de Gatinez, having on the back the address of Madame Hamilton Paine, 33, Avenue de Bois de Boulogne, Paris. While the d'Aulby case was going on I was instructed by the Foreign Office to make inquiries with regard to Count d'Aulby, and I have established his identity.
Cross-examined. The prosecution of d'Aulby was what we call a private prosecution. Prisoner spoke to me in English.
Mr. Marshall Hall submitted that there was no case against prisoner.
Mr. Gill referred to section 3 of the Act of 1843 and, to "Russell on Crimes," Vol. 1, page 193, and submitted that prisoner was acting as an intermediary.
The Common Serjeant held there was no evidence of a threat to publish or to abstain from publishing, only evidence of an offer to assist in obtaining the delivery of the letters, and directed the jury to return a verdict of Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, April 28.)
CARROLL, James (22, carman), and TRAYNOR, Hubert Victor (32, carman) , both stealing one parcel containing 108 copies of the "Graphic" newspaper, the goods of William Frederick Danvers Smith and others, the masters of Traynor;Traynor, unlawfully inciting John Wayre to steal the goods of his masters, the said W. F. D. Smith and others.
Carroll pleaded guilty.
Mr. F. C. Wynn Werninck prosecuted; Mr. Beachoroft defended Traynor.
GEORGE WILKINS , 48, Commercial Road, Lambeth. I am porter to W. H. Smith and Sons, Fetter Lane branch. On April 6 I was loading up vans. Prisoner was there. I was assisting in loading his van. Wayre was not there then. I saw him just before that with prisoner. I heard prisoner say, "If there is any chance of getting a bundle I will have it." I did not say anything. There were 10 bundles inside the door in Bartlett's Passage to be loaded on Traynor's van. They were checked as they came out by Lloyd. I loaded eight, then Traynor handed him a bundle off the van. Carroll took it away. I went in and gave information to Lloyd. Before Traynor whistled he asked me where the governor was; I said he was inside. After the parcel had disappeared I got the book from Lloyd and handed it to Traynor. After I put the ninth one on Traynor said, "I have got eight bundles now and I have only a ticket for seven. I told him to see Lloyd about it. Mr. Willmot, the overseer of the warehouse, had then gone after Carroll. Traynor went to the warehouse to rectify his book. Carroll is not in Smiths' employ. I have seen him on Traynor's van before.
Cross-examined. Carroll was in the employ of May and Son, who cart for Smiths'. Carroll does not carry bundles. He has left Mays' some time. If the delivery book showed a less number of parcels than was on the van it would be Traynor's duty to go in and rectify it, and inquiry would be made. I had carried out eight parcels. I did not walk away to fetch the ninth; I stayed at the van a little while; we generally have a blow for five minutes at the top of the court. I was about a yard from the van when Traynor whistled. Before he whistled he said, "Where is my boy?" meaning Carroll, who was at the bottom of the turning. I do not think I had said that before; I have only just thought of it. Traynor has a vanboy; it is not Carroll. I saw Carroll standing at the bottom of the court the previous morning. The words Traynor used when he asked where the governor was were, "Is Mr. Willmot there?" He also said "the governor." When Carroll came up after Traynor whistled Traynor gave a bundle to him and told him to put it on his shoulder. Carroll went down the street with it. It was not my duty to prevent him. I told Lloyd, "A bundle has just gone; if you send Willmot the
other side by Wallis's you will catch him." I did not tell Lloyd how it had gone; I told him that afterwards when he came back. Traynor was arrested two or three hours afterwards. He had been sent out on a jonrney. Willmot arrested Carroll.
CHARLES LLOYD , checking clerk, Messrs. W. H. Smith and Son, Fetter Lane branch. I checked nine bundles into Traynor's van; there were 10 stacked ready to go. Wilkins was carrying them to the van. At first I had orders to check seven into it. The vans have to get out by a certain time and if we think we have time we sometimes put on more. The book was made out for seven bundles. I told Traynor I had checked nine in. I had orders to give another three, as there was plenty of time. The number on the delivery note would be increased. I should not make out a fresh one. Wilkins would hand that to the carman. I have seen Carroll in Traynor's van; he had no right to be there. After Wilkins had taken the eighth bundle out he made a communication to me and I informed the overseer. I went to the van. There were eight bundles there; I had checked nine.
CHARLES JOHN WARE , carman to Messrs. Smith. I saw Traynor on April 6 at half-past 8 when we came to work there. I had a van there. About 11 o'clock Traynor said to me and Wilkins, "Any time you have a bundle I can always get rid of it." I do not know Carroll. I saw him that day; Traynor pointed him out to me; he was standing at the bottom end of the street, where he could see the vans. Traynor said, "There is the fellow that will take the bundle away for me." This was about an hour before the bundle was stolen. I saw Traynor again just as they were fetching in Carroll; he said, "It is all up now; what shall I do?" He then went down the court.
Detective-inspector HINE , City Police. On April 6 at 2.30 I saw Traynor in Bartlett's Buildings; another officer was with me; I said to Traynor, "We are police officers; I must caution you to be careful what you say. Did you see anyone remove a parcel from your van this morning." He replied, "I did not see the parcel stolen; I must have left my van at the time; I never touched it." I said, "I under-stand you know a man named Carroll." He said, "Yes, I do know him." Then I told him he would be confronted with another man. He was then confronted with Wilkins, who said, "That is the man; he handed the parcel to Carroll." The accused said, "You never saw me hand the parcel to Carroll; it is a lie; I never touched it"; and then to me he said, "I found I had eight parcels on my van and my book showed I should only have seven, and I went to Mr. Shaw and told him I had one more than I ought to have."
years in the Royal Horse Artillery. On April 6 I got to Bartlett's Passage at 8.30, and at once reported myself. I didnot say anything about assisting anybody to steal a parcel. While Wilkins was loading the van I was smoking a cigarette at the back of the van. I was not there all the time. I went to the men's lavatory, which is some distance off. Wilkins is not correct when he says that after placing a parcel on the van he stood for a blow. I did not handle any of the parcels. I didnot give one to Carroll. The delivery book was brought to me after I came from the lavatory. I then counted the parcels; there were eight on the van and the book said seven. I went to make my way to the warehouse to find the manager to inform him of the mistake; he came through the door. I told him. We west to the van; he took the book off me and went searching for the checker, Lloyd. The bundles were taken off my van. I was told to go to the front yard and put types on for the compositors' works at Tallis Street. Nothing was said to me about the missing parcel. I saw Mr. Willmot come up with Carroll. Wayre was not there then. I saw him after-wards, but did not speak. I did not say to him, "Things are all up now; what shall I do?" or anything like it. I first heard of the matter from Inspector Hine.
Sentences (each): Three months' imprisonment, second division.
Mr. W. Erninck prosecuted; Mr. Si. John Macdonold defended Wordsley; Mr. Huntly Jenkins defended Steer.
WILLIAM HILL , 27, Percy Street, W. I was coming along Howland Street, Tottenham Court Road about 1 p.m. on April 13. I saw five men; prisoners were three of them. I know Wordsley well by his being pointed out as a barred man and being a terror to the neighbourhood. He calls himself one of the 10 terriers of London. There are 10 of them altogether. I got the police to eject him from the institute at Percy Street, where I am manager. He had no business to be there; he was a barred man. On April 13 he asked me for money for drinks; I gave him 6d.; they used an expression and said it was not enough and all five set about me and kicked me unmercifully. I have an arm I shall never be able to use again. Steer struck me first with his fist; Wordsley kicked me in the stomach; Bonner caught hold of this arm and twisted it and stopped me from defending myself. I got up half dazed; then Steer put his hand in my pocket ana took 11s. out of it. I blew a whistle after they kicked me; they ran. I informed the police at Tottenham Court Road Police Station. They asked if I would go and find them. We found them in the "Adam and Eve" public-house. I pointed out the three prisoners to the constables. This would be about three-quarters of an hour after the attack.
Cross-examined by Mr. Huntly Jenkins. I have no grudge against Steer, nor he against me. I had not known him before. It all
happened in about two minutes. The blow Steer gave me was not severe. He kicked me as well.
Cross-examined by Mr. Macdonald. I was speaking to a woman who asked me where the Charity Organisation Society was about a second or two before the attack. It was not in consequence of anything I said that the trouble was caused. I did not say to Wordsley, "Why have you winked at this woman?" or anything of the kind. He has demanded money from me before. I do not owe Wordsley £10, nor any money. I had not had any drink myself; I seldomtouch it.
Cross-examined by Bonner. I do not know you. You got hold of my arm and twisted it. I did not know the woman andhave not seen her since.
Detective ALFRED DYER , D Division. When I saw prosecutor he was very much exhausted and bleeding from the mouth; he had a bruise on the left side of the jaw and complained of pains in the ribs and likewise his arm. Hepointed out the three prisoners to me and other officers. When they were arrested Wordsley said, "What, pinch 11s. from him; he never had it." On the way to the station Bonner said, "It was I who done it on him; he deserves all he has got." At the station they made no reply to the charge.
Police-constable WALTER WIRE , D Division. I arrested Steer. On the way to the station he said, nodding to prosecutor, "Is that dirty bastard going to do it on us for 11s." He made no answer to the charge. He was searched in my presence. 9s. silver and 1s. 0 1/2 d. in bronze were found on him.
EDWARD STEER (prisoner, on oath). I am manager to my mother, who carries on a theatrical costumier's business at 22, Maiden Lane, Strand. she paid me my wages early this day, about 10.30 or 11 a.m.; Iintended going away for the week-end. I went home first, gave my wife 35s., and came out with the intention of buyingsomething. I had a lot of drink and met these people in Tottenham Court Road. We had just come out of a public-housein Whitfield Street and on the corner prosecutor was talking to a woman. I had got by him and looked round and saw Wordsley was speaking to him. I heard some angry words between them and saw Hill take his hat off and strike at Wordsley with it. Wordsley hit him and there was a general scrimmage. Hill kicked Wordsley on the leg, and Bonner ran across and hit him. Then Hill ran across into a shop and blew a whistle. I was not nearer than six yards off all the time. They walked off. I went to another public-house and had another drink. I did not hit Hill at all. There was no money taken from him. When I said to the officer, "Is he going to do it on us for 11s.," I meant "Does he mean
to charge us with stealing 11s. from him." I was so indignant at the idea that he should charge us with stealing 11s. When the scrimmage took place I think there were three men there; there may have been four.
CECILIA STEER . Last witness has been my manager for about four years. I pay him 50s. a week and commission on orders; he has been very fortunate with orders. On April 13 I paid him early so that he might get home to take his children for a holiday.
WILLIAM BONNER (prisoner, on oath). This seems to be an old row between Mr. Hill and Wordsley. Coming out of the public-house I saw Wordsley having an argument with Hill. It appeared Hill went to strike Wordsley; I am not sure of that; I had had a lot of drink, but I saw they were having a fight. Hill made a kick at Wordsley, wherefore I went in the road, and that was all I done. At the police station Hill said Wordsley held his hands, I struck him and Steer went down his pockets. Then again he contradicted himself and said I held his hands, Wordsley struck him and Steer went down his pockets.
ARTHUR WORDSLEY (prisoner, on oath). I was rather inebriated. I remember what happened most decidedly. I have known Hill two years. There have been several business transactions between us. He owes me close on £10 through bets. There is no truth in the statement that I demanded money from him, that he offered me 6d, and I refused it. We were coming out of the "Carpenter's Arms" at the corner of Howland Street and Whitfield Street; on the opposite corner Hill was standing talking to a woman. As I passed he said, "What are you winking at her for?" I said, "What do you mean? You always try to pick a row with me." He took his soft felt hat and hit me across the mouth. I struck him. He made a kick at me. Then one of the prisoners came across and said, "You cowardly dog," and struck him. I do not know which one it was. Hill ran across the road into a small shop. He blew his whistle or made an attempt to do so. I was talking to him, telling him what I thought of him. I did not want to renew the fight; I was quite satisfied. We walked away then.
Cross-examined. The row arose two years ago. I am almost positive I cross-examined Hill about the woman at the police court. My story there was the same as to-day.
Numerous convictions were proved against Bonner and Wordsley. Steer was bound over in his own recognisances on February 10, 1909, at North London Sessions for being in possession of housebreaking implements by night.
Sentences: Bonner, 21 months; Wordsley, 20 months; Steer, Nine months; all with hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Saturday, April 29.)
BRUNSDEN, Frederick (35, record-presser) , (1) being a male person, unlawfully carnally knowing May Edith Alice Brunsden, who was to his knowledge his daughter; (2) carnally knowing the said May Edith Alice Brunsden, a girl above the age of 13 and under the age of 16 years; (3) indecently assaulting the said May Edith Alice Brunsden; (4) being a male person, unlawfully carnally knowing Beatrice Mabel Brunsden, who was to his knowledge his daughter; (5) carnally knowing the said Beatrice Mabel Brunsden, a girl under the age of 13 years; (6) committing an unnatural offence upon the said Beatrice Mabel Brunsden.
Prisoner pleaded guilty to the first three indictments; he was tried upon the fifth indictment and found Guilty; the remaining indictments were not proceeded with.
Sentence, upon the first three indictments, Seven years'penal servitude; upon the fifth indictment, 15 years' penal servitude; to run concurrently.
BEFORE THE RECORDER.
(Saturday, April 29.)
O'BRIEN, Joseph (23, theatrical manager) , having been entrusted by Walter Mills with £20 in order that he might retain the same in safe custody, unlawfully and fraudulently converting the same to his own use; (second count) obtaining £20 by false pretences from Walter Mills, with intent to defraud.
Mr. W. R. Briggs prosecuted; Mr. H. D. Roome defended.
WALTER MILLS , theatrical manager, 111, Moore Park Road, Wal-ham Green. In November last I saw an advertisement offering employment in the theatrical line (Exhibit 4 produced). I do not think it was Exhibit 4; prisonerwas often putting that advertisement in. I called at 6, Lidlington Place, where I saw prisoner. He said his name was Joseph O'Brien, that he was a theatrical manager, that he had £5,000 behind a show called "The Shadow of a Crime," and that he had scenery stored at Manchester worth £60. He said that he used the one furnished room Ifound him in as his offices and that he lived at 58, Elgin Mansions, where he had a piano worth £100. He askedme whom I had been with and I gave him rences. I then left. He wrote me, asking me to call on him. I called and he said that I was the sort of man he wanted and offered to engage me for six months. I said I would sooner be engaged for a month because if we did not suit each other it would be easier to go. He agreed, but said I was very foolish. He said that as I should have money passing through my hands he would want £20 as security. It was
arranged that I should receive £3 a week and £1 a week during the three weeks' rehearsals. About December 1 he sent for me again and he drew up this agreement (Exhibit 1) in my presence. I gave him £20 and he gave me this receipt (Exhibit 2). We both signed the agreement, which states that I deposit the sum of £20 security, which was to be returnable at the end of the tour or when I left his service. I believed everything that he said or I should not have given him the £20. I attended rehearsals almost daily for three weeks and on December 24 we went to Euston Station for Northwich. At his house that morning he borrowed a sovereign from me because he said he was short of the fares. We were one week at Northwich and then we went to Colchester, where we were three days. From there we went to Stratford, where we stayed one week. The tour broke up there for the want of money. Prisoner left, leaving the company stranded; they had to stop there as they were not paid and had no money. I received altogether as wages £2 for the six weeks. He returned the £1 I lent him at the end of the week. I asked him for the return of my deposit and he gave me an I.O.U. On February 3 I received from him this letter (Exhibit 3) stating, "I am prepared on condition you write and say you accept to pay you £15 on the 25th of this month and the other £5 two weeks after that date. Please write me by return and I will send you my I.O.U. as above." I agreed to that and he sent me his I.O.U. On February 21 I went to 6, Lidlington Place, and saw him. He did not pay me; he treated thematter as a joke. At Stratford he tried to raise a loan on the scenery. I know it was bought at Manchester, but he told me after the show broke up that it was on the hire system.
Mr. Roome contended that the evidence did not support either count of the indictment. As to the first count, themoney had not been handed to prisoner on safe custody or trust since he was not bound to return it in specie (R. v. Hotine, 68 J.P., 143). As to the second count, in order to substantiate a charge of false pretences the prosecutor musthave intended to part with his property out and out, which was not the case here since prisoner had obtained the money on credit. (R. v. Coyne, 69 J.P., 151).
Mr. Briggs, while admitting that the facts in R. v. Hotine were indistinguishable from this case, contended that it was not good law (in re Bellencontre, 1891, 298 at p. 142); (R. v. Lord, 69 J.P., 467); that anything which was property within the Larceny Act, 1901, may be the subject of safe custody, or trust within that Act, and that to contend that moneywhich was not actually returnable in specie did not come within that Act was applying too narrow a definition." Property" was defined in the Larceny Act of 1861 (which the Act of 1901 was meant to extend) as "Every description of real and personal property, money," etc. It was true that the decisions in R. v. Cooper (L.R. 2, C.C.R., 123), and in R. v. Newman (8, Q.B.D., 706) seemed against this contention, but they were inconsistent with the decision in R. v. Fullagar (1A Cox, 370) and, moreover, were given before the passing of the Larceny Act of 1901, which was passed to overcome many difficulties in the way of bringing offenders within the repealed sections 75 and 76 of the Larceny Act, 1861, Finally, if Mr. Roome's contention as to the first count was good, then, since the identical coins were not to be returned, the prosecutor had actually parted out and out with the possession of his property, this bringing prisoner within the second count.
The Recorder stated that having regard to the careful decision of the Common Sergeant (after consultation with Mr. Justice Phillimore) in R. v. Hotine, he did not feel that there was sufficient to distinguish this case in order to have
it reviewed, and he would therefore direct the Jury to acquit prisoner on the first count, but that in his opinion therewas evidence for the Jury on the second count; there may have been credit obtained, but money was obtained as well.
Cross-examined. I call myself a theatrical manager, but I was not so with prisoner; I was simply engaged to look after his interests. The only experience I have had as theatrical manager was ten years ago when I held that post for sixmonths. I had nothing to do with the success or failure of this show, prisoner took the sole responsibility. I gave him myreferences and I presume he took them up. He was advertising daily and he would have as many as ten answers a day. He put a similar advertisement to the one which I answered after he engaged me. The one I answered was something to the effect of Exhibit 4. ("Stage, a young gentleman of refinement to learn duties of management in play of repute. Commence Christmas. Small premium. Good salary. Tour guaranteed.") No premium was mentioned when I first saw prisoner. He did not ask me if I had come to learn the duties of management. He engaged all the artistes. He is knownunder four different names. He never showed me any contracts, he may have had two for the places to which we went. He gave me a Mr. Cockran as a reference, but I could not find him at the time. Prisoner afterwards made appointments withme and others he had not paid to meet him at this man's house, but he never kept them. I cannot say whether I told prisoner the extent of my experience as a theatrical manager, but he could have got that from my references. I wascertainly competent for a company like his. Amongst other duties I had to see the people did not come in without paying and to see they all received checks. I had to look after his interests generally. It is true I said at the police court that I am competent to deal with theatrical printing, but I was not engaged in this case to do that. I know nothing whatever about printing. It was the manager's duty to attend to that and I was not manager. I should think a capital of about £300 would be required to run a piece like prisoner's. I do not see that it is ridiculous to say he said he had £5,000 invested in it; he said he had £5,000 behind it. He told everybody he had any amount of money in the show. He never told me that he had the scenery on the hire-purchase system; he said it belonged to him. He said he was lessee of the play. He did not borrow the sovereign from me in order to pay a salary; it was to help pay the fares. On the first night at Northwich the theatre was packed, and for part of the time I took the tickets. I do not remember his complaining tome that although the theatre was full only £14 13s. had been taken. That is all he could have expected to take; it was only a wood and iron building. He never said I was incompetent until I asked for my £20 back; he certainly never gave me notice. I believe he paid his artistes in full at Northwich, but at Colchester he only paid them for the three days they had worked. He said he was sorry he could not pay me, but if I waited till we got to Colchester he would gethis cheque and then pay me. I heard something about his having discounted a promissory note which was dishonoured.
Re-examined. Nothing which I had to do under the agreement and which I actually did affected the failure or success of the tour. The agreement states that there is to be a month's trial and if he is not satisfied a fortnight's notice can begiven on either side. I have never seen this agreement between prisoner and the manager of the Stratford Theatre for thelatter to supply the scenery on the hire system.
(Tuesday, May 2.)
WALTER MILLS , recalled, further re-examined. Prisoner told me at the finish on January 14 that the scenery was on the hire system and he was paying 30s. a month. He never gave me any money with which to pay theartistes. He never paid anyone at Stratford; one of the artistes came round and broke his windows. He always gave his landladies I.O.U.'s.
Police-sergeant STEPHEN CRUICKSHANKS , S Division. At 11 a.m. on March 14 I arrested prisoner and read the warrant to him. He said, "It's a lot of rot."I took him to the station. When charged he made no reply.
JOSEPH O'BRIEN , Theatrical Manager, 20, Harrington Street (prisoner, on oath). I used to live at 6, Ledlington Place. At present I am manager of a Variety Agency and have been earning this month from £10 to £15 a week. I am about to sign a contract to tour a play as general manager at the end of this month. These engagements have been obtained during the hearing of this case. I leased the play, "The Shadow of a Crime "for six months. I have used different names to escape from my wife from whom I was separated and who molested me; she was an inebriate and is now dead. On November 24 I advertised for a young gentleman to learn the duties of management at a small premium. That and a similar advertisement on December 12 are the only advertisements I have ever issued. I had six answers, of which Mills's was one. I wrote him making an appointment, and he called where I was living then in one room at 6, Ledlington Place. I told him I leased the play "The Shadow of a Crime,"and he said he had heard of it, and that he was prepared to pay 15 guineas as the premium, of which he paid me £2 as deposit. I gave him references. Nothing was said about scenery; if I leased a play I should naturally lease the scenery. I leased the scenery. Neither £5,000 nor any other sum was ever mentioned. I could run a play like this on £20 or £30. I showed him contracts that I had made with theatre managers at Northwich, Colchester, and Stratford. He left saying he was quite satisfied. He wrote me saying he had a suggestion to make. I have since lost that letter. He called and said as he was a competent manager would I waive the question of premium if he paid me £20, to be returnable if he did his
duties properly. I drew up this agreement (Exhibit 1), which we both signed. I had no intention of defrauding himwhen I took his £20 and if he had proved competent I should have returned it to him. I engaged him to take my place as manager when I could not be there. I gave him money with which to pay the artistes. They all had their money with the exception of a few shillings owing at Stratford. I started the tour on £50. I borrowed a sovereign from him to lend one of the artistes, my £50 having been eaten up with the expenses. At Northwich the theatre was packed every night, but to my astonishment my share of the takings at the end of the week was only £17 10s. I left Mills in charge at the front of the theatre and he allowed the local managers to do me by issuing tickets twice. The very first day we opened I gave him notice when I found what the receipts were. He is an incompetent and an illiterate man and could not do his duties as manager. I paid him £2 that week. I was in a position to return his £20, but as I had lost money through him I did not see why I should. I can do so now if I want to. I lost money at Colchester, but I paid my artistes for the three days they had worked. I was short of money also because I had discounted a promissory note which was dishonoured. I have never stranded a company in my life. I was the last one to leave Stratford and was able to pay everybody in full except a few shillings. I lost £50 on the whole tour through Mills. He asked me for his £20 back and I at first arranged to return it to him, but I was afterwards advised not to do so and I did not do so. The reason why I inserted the second advertisement was to get pupils for Mills to teach, but I had to refuse seven or eight offers as I found he was incompetent to do so.
Cross-examined. It is a formal thing to take security for a man's competence; everybody knows that. I offered to payhim back at first because he kept on worrying me. I wrote him saying that I would not return him his money because he had been incompetent previous to my letter offering to repay me. I did not leave Lidling-ton Place without paying my rent. I sent my landlady at Northwich a postal order after I left. The lessee of the theatre at Colchester advanced me the fares to Northwich; that was a matter of form; he deducted it from the takings. Mills understood before he signed the agreement that I only hired the scenery. I had to take a part myself and Mills had to take my place as manager, but he was utterly incompetent to do so. The heading on Exhibit 2 properly describes the nature of the company. I arranged what places we should go to and I engaged the artistes; these are very important features in the success of the tour. All the local people at Northwich belonged to one family and the way they did me was that the attendant, after taking a ticket would take it back to the box-office and it would be sold again. It is true I could gauge the returns from the seating capacity of the theatre. I made a row about it at the time. I did not pay Mills his salary because he was not worth it.
In summing up the Recorder directed the Jury to acquit prisoner on the first count, stating that the money was not paid on safe custody, but as security to be returnable.
Verdict, Not guilty on the first count; Guilty on the second count.
Mr. Roome stated that no object would be served by postponement of sentence (which the Recorder had suggested)since prisoner had no money with which to return the prosecutor his £20.
It was stated by the police that since 1909 there had been a series of complaints of a similar character against the prisoner.
Sentence: Three months' without hard labour.
BEFORE JUDGE LUMLEY SMITH,
(Saturday, April 29.)
THOS. S. GRAHAM , cashier, Barclay's Bank, Fleet Street, E.C. On March 30 prisoner presented a cheque for £90 15s. 5d. drawn by the Society of Apothecaries in favour of Messrs. Wodderspoon or order. It was an open cheque. I asked prisoner what he wanted; he said he wanted the money in gold in a bag. I looked at the cheque carefully and handed it to Mr. Adams, the manager. I then gave certain instructions to the porter at the door, then the police were communicated with.
EDWARD R. ADAMS , manager, Barclay's Bank. I said to prisoner, "This cheque has been altered; where did you get it from?"He said he had been sent by Mr. Wodderspoon, of 75, Greek Street, Soho, to get it cashed. I then asked him to wait while I went to the directory. I found there was no such number.
EDWARD MORPETH , accountant, Society of Apothecaries. I drew a cheque for £1 15s. 5d. in favour of Messrs. Wodderspoon, 6, Gate Street, Kings way, on March 28. I crossed it with a rubber stamp "& Co. Not negotiable."This is the cheque I drew; it has not the impression of the stamp upon it.
REGINALD H. MAT , partner, Wadderspoon and Co., printers, 6, Gate Street, Kingsway. There was an amount of £1 5s. 5d. owing to my firm by the Society of Apothecaries on March 28. The endorsement on this cheque was not made by our firm or with our authority. I do not know prisoner.
Inspector HERBERT HINE, City Police. I was called to Barclay's Bank, Fleet Street. I said to prisoner, "You know me?" He said, "Yes." I then showed him the cheque and said, "How do you account for the possession of this? "He replied, "I saw a man at two o'clock to-day in Greek Street; he said he was Mr. Wodderspoon; he gave me thecheque and told me to take it to Barclay's Bank,
Fleet Street, and get it cashed and take the money back to him at 75, Greek Street. He did not tell me to take it back at any particular time."I then told him the cheque had been altered and that he would be charged with forging anduttering it. He was then taken to the station. When charged he made no reply. I afterwards asked him if he wished to giveany description of the man that he said he received it from. He said, "I had been drinking with the man in the 'Hercules Pillars.' He is a tall, dark fellow like me; I do not know where he lives. I have known him a few weeks; he looks like an Italian." I went to Greek Street and found the highest number was 60. He was further charged with stealing the letter containing the cheque, and replied, "I never stole no letter at all." He was sober when arrested.
WILLIAM SMITH (prisoner, not on oath). I was coming across Soho Square. At the corner of Greek-Street I saw this gentleman. I have known him about three weeks. I do not know his name. He took me in the "Hercules Pillars "and treated me. He took me into the urinal there and showed me this cheque knowing I was hard up, starving. I went in the bank with it. I could not see nothing wrong with it, the urinal being in the dark. He said he had received it the same as it was. He said he had it off a man in Martin's Lane; he had just been inside buying some horses. He said, "There is nothing wrong with it." He told me he would give me £2. I received it off him just the same as it was when I took it into the bank.
Previous convictions were proved, one being in respect of forging and uttering a bill of exchange for £400 odd, at this Court, on April 5, 1910, with a sentence of 12 months' hard labour.
Sentence, Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Monday, May 1.)
HUGHES, Frederick (25, gold blocker), and FRANKLIN, William (26, dealer) , breaking and entering the warehouse of Charles Frederick Kendrew and others and stealing therein a quantity of hosiery and other articles, their goods.
Mr. Dodson prosecuted; Mr. Purcell defended Hughes.
ERNEST FREDERICK GROVES , 51, Chenies Road, Leytonstone, packer to Kendrew and Co., 5 and 6, Bridgewater Street, City. My firm occupy the basement and the ground floor. On Tuesday, March 21, at 1 p.m., I left the premises secured with a padlock; I returned at 2 p.m. and found the basement door unfastened, a parcel lying inside and the padlock lying outside. There was missing a case of ribbons, a small box of Chinese buttons or studs, and a box of otto of roses, some hosiery, and some ladies divided skirts. Part of the case produced
is like that which contained the ribbons, wrappers produced are the outside wrapper of the hosiery—I can tell by the label.
GEORGE SANDS , 2, Brooksby Street, Islington, grocer. I collect rents of stables 7 and 8, Brooksby Street. On February 24 Franklin, giving the name of Smith and Sons, inquired about the stables. On March 16 or 18, at 4 p.m., Hughes came again about them and I handed him the key.
Cross-examined by Mr. Purcell. There were customers in the shop when Hughes came; he was there about five minutes; he asked about the rent. Franklin, on the first occasion, asked the rent and what deposit was required; I said aweek's rent; he said the governor would call. Between March 16 and 18 both prisoners came; Franklin came afterwardsalong and I handed him the keys. I picked out the prisoners at Moor Lane Police Station from a number of others.
---- NEWMAN , chimney sweep, Kingsland. My mother owns a pony and four-wheeled wagon. On March 20 Hughes engaged the pony and trap to do some moving on the following day at 12 noon. On April 8 I picked Hughes out from a number of other men at the station.
Cross-examined. Hughes was a stranger to me—he came between 2 and 3 p.m. and was there about five or six minutes. When I picked Lim out the other men were both fair and dark; there was no other men like him.
Re-examined. Hughes told me he wanted the van sent to Bridport Place.
Detective FRANCIS BRADSHAW , City. On March 21, at 1.10 p.m, I was at the Barbican corner of Bridgewater Street when I saw the two prisoners leaving Kendrew and Co., Franklin carrying some parcels, Hughes carrying a packing case, and a third man carrying parcels. They placed them in a van standing inside the doorway. During the preceding three weeks I had repeatedly seen the three men togther in Beech Street and Bridgewater Street loitering. The van was the one belonging to Newman. There was a fourth man in charge of the van. I went to telephone for assistance at the corner of Golden Lane; when I returned the van was moving off rapidly and I lost sight of it. On March 22 I saw Franklin in a public house at Hoxton, called him out, and said, "I am a police officer and I am going totake you into custody for being concerned with three other men not in custody in breaking and entering a ware-house, 5 and 6, Bridgewater Street, and stealing a quantity of drapery yesterday." On the way to the station he said, "How do you make it three other men?" I said, "There were two besides you carrying the goods out and a fourth man in charge of the horse."He said, "I did not know you counted the driver."When formally charged he said, "All right, I understand."On April 7 I saw Hughes in a public-house in East Road, Hoxton. I called him out and said, "I am a police officer, and I am going to arrest you."He said, "What for? Are you going to put me up for identification for something? "I said, "No, I am going to charge you with being concerned with William Franklin and two other men who are not in custody in breaking
and entering 5 and 6, Bridgewater Street and stealing a quantity of ribbons and other articles on the 21st of last month." He said, "All right. Don't hold me, I will walk with you." He was formally charged at the police station; he made no reply and refused his address. On March 31 I went to 7 and 8, Brooksby Mews, searched the unoccupied stables, and found portion of packing case and various wrappers (produced). The stables had not been recently used for horses and was empty except for the articles produced.
Cross-examined. I had nothing to do with arranging for the identification. I have not made a mistake about Hughes. (To Franklin.) I did not ask Franklin what he had done with the van-load of stuff. I did not ask him at the station "What has become of the other three?" I did not say he was a fool to take it on his own shoulders, nor did I offer to give his mother half a sovereign if he would tell who the other three were. I was in the room where the Identification took place, but took no part in it.
Cross-examined. I was called by the prosecution at the police court. I made a statement to Detective Bradshaw. I took Newman's pony and van to 82, Bridport Place. On the way a tall, dark, clean-shaven fellow, whom I have not seen since, asked, "Have you come from Mr. Newman?" and told me to drive round to Golden Lane. I drove to Bridgewater Street, when a short man, whom I have not seen since, joined us, the two men fetched out some 15 or 20 packages and acase from Kendrew's warehouse. The first man then jumped up and told me to drive to Liverpool Road. We proceeded to the mews in Brooksby Street, where the goods were taken into the stable. He paid me 3s. for the van and 6d. for myself. I never saw Hughes. (To Franklin.) I have never seen Franklin before.
Re-examined. I was told by Newman to go to 82, Bridport Place to do a moving job—I thought it was to move furniture. I took no notice about that when the man told me to drive to Golden Lane. The van is generally used formoving furniture, frequently of a night time.
FREDERICK HUGHES (prisoner, on oath). I have never been charged before. I have been employed by Snood of the "Jack of Newbury "public-house, Chiswell Street, for over 12 months. I was recommended there by Mr. White, of Whitbread's Brewery, who had known me 18 months. I then worked for H. J. Cable, 68, Bodney Street, fancy box manufacturer. I have an excellent character since I was 14 years old. I was three years with Vokes, "Brewer's Arms," Chatham, after going to the "Mitre Hotel," Chatham, where I was
head boots for two years. I was then employed at the "Duke of Gloucester," John Street, Islington. I have asked the police to make inquiries. On March 20, 21, and 22 I was working for Noble, doing gold-blocking; I produce three orders of those dates for the work I did. They are addressed to Twitchings, who is my intended father-in-law; I did the work at his place, 46, Bridport Street, and on his machine. I live at 46, Bridport Street. I never saw Newman; never went about the stable, and was not in Bridgewater Street on the day named. It is a mistake of identity. When the officer says I was loitering in Bridgewater Street I was at work at the "Jack of Newbury," which I left the first Monday in March.
Cross-examined. I had no more work to do for Noble after March 22. I had learned the gold blocking by working for Gray for 12 months two or three years ago. Twitchings is a foreman to Whitehead and Co., fancy box makers. Twitchings has a machine and does work in his spare time.
HENRY JAMES NOBLE , 68 and 69, Britannia Street, Hoxton. I have been in business for 20 years as a fancy box manufacturer and have employed Hughes under the name of E. Hughes and Co. Orders dated March 20, 21, and 23, addressed to Twitchings, were intended for Hughes; they are written by my son, who knows Twitchings very well as the intended father-in-law of Hughes. The order of March 21 is for 24 gross of gold blocking, which would be 6s. worth of work. All the goods were delivered. I have known Hughes about 18 months as working for me and never heard anything against him.
Cross-examined. I know Twitchings as having a very good berth as foreman. The whole of the work in the three orders produced would come to 36s.
HENRY TWITCHINGS , 36, Bridport Place, Hoxton, gold blocker. I have been for 20 years foreman to Whitehead and Co., 7, Bath Buildings, fancy box manufacturers. I have a machine, and in the evening have been working on my own account with Hughes under the name of E. Hughes and Co. Hughes is my intended son-in-law. He learned the business from Mr. Gray. I produce printed heading and memorandum form. On March 20, 21, and 23 I received goods from Noble to do 72 gross of gold blocking; the orders are in Noble, jun.'s handwriting, who has put my name instead of E. Hughes and Co. On March 21 the material for the first order arrived before I left at 8.45 a.m. I returned to dinner at 1.10 p.m. and dined with my children and with Hughes. The work was in progress, and I told Hughes to send them in as soon as they were done. When I returned home at 8.30 p.m. the goods had been sent to Noble's. I have known Hughes for five years; he has always borne the character of an honest and hard-working man. The gold blocking consists in stamping cardboard and other material with names, etc., for making fancy boxes.
Cross-examined. I carry on business under the name of E. Hughes and Co. because I do not want my firm to know of my doing work on my own account. Bridgewater Street is about 20 minutes' walk from Bridport Place.
WILLIAM GRAY , partner of Gray, Webb and Co., 57, Great Chart Street, gold blockers, printers, etc. I have known Hughes five or six years as an honest and hard-working man. From January to September, 1909, he worked for me; I taught him the business of gold blocking.
FRANCIS BRADSHAW , recalled, cross-examined by Franklin. I did not attempt to arrest the four men on March 21 because there were four of them—I went 50 yards to the corner of Golden Lane to telephone for assistance. After arresting Franklin at 9.30, he was not formally charged till 5.30 p.m. In the public-house I told him what he would be charged with. I saw the van leaving and going through Cripplegate Street at too rapid a pace for me to catch up to it.
Verdict (both), Guilty.
Previous conviction proved against Franklin: August 23, 1909, Old Street, three months' hard labour as a rogue and vagabond.
Sentences: Hughes, Nine months' hard labour; Franklin, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Monday, May 1.)
GREGORY, Edward Charles (48, agent) . Obtaining by false pretences from William Stenhouse two cases of whisky, from Oliver Eastwoods (successors), Limited, two potato washing and scraping machines, from J. Beardshaw and Sons, Limited, certain steel drills, from Stanley Williams and others one bottle of claret wine, from Mackie and Company, Distillers, Limited, one sample bottle of whisky, in each case with intent to defraud; attempting to obtain by false pretences from Stanley Williams and others one dozen bottles of whisky and one dozen bottles of claret wine, from Mackie and Company, Distillers, Limited, one dozen bottles of whisky, and from Joseph Theodore Robin seven gross of gas mantles; in incurring a certain debt and liability to William Stenhouse to the amount of £4 8s., to Oliver Eastwoods (successors), Limited, to the amount of 9s. 4d., to J. Beardshaw and Sons, Limited, to the amount of £1 2s. 11d., and to Stanley Williams and others to the amount of 1s. 5d., did in each case unlawfully obtain credit by fraud.
Mr. Graham-Campbell and Mr. Montague Shearman, jun., prosecuted.
MARY FILEY , wife of William Filey, 55, Dagnan Road, Balham. Last October I sub-let three of my rooms to Mrs. Watkins. About the first week in December she let one of the rooms to prisoner, who gave the name of Gillenden, and he stayed there until he was arrested. He did not seem to carry on any business; he used to go out in the day and come back in the evening. I heard him say once or twice that he was going out to look for work, but he did not tell me what sort of work. I used to see him carrying small brown paper parcels
and sometimes a small handbag. Exhibit 6 is a bag belonging to my husband.
Cross-examined by prisoner. My husband has never commented to me on the early hours you used to go out to business. I have seen you up as early as seven. I remember last Christmas your asking my husband to give you an introduction to his brother, who is an assistant at Hamerton's Brewery, and he said he would. I considered you an active man. During the first four months you said you had gout and you could not get about with ease. I noticed papers lying about on the table in your room.
Re-examined. I never looked at what the papers were.
ELIZABETH ROSE , housekeeper to James Monico, 453, Wandsworth Road, Clapham. There is a stable attached to the house which was to let on February 21. On the 23rd prisoner came and said he wanted it to store cases in. I asked him what kind of cases, and he said, "Hardwares. Some might be soft wares." I charged him 3s. 6d. a week rent. He asked if we had any objection to his having a letterbox put to the door, so that he could have his letters left there in the mornings and call for them, and I said "No." He gave his name and address as "E. C. Ironside, 61, Bellery Road, Wandsworth Common." He gave two references: A Mr. Fisher and a Mr. W. C. Smith, a fruit broker, 53, Hop Exchange. On March 2 he took possession of the stable and remained there till March 17, paying his rent regularly. This is his rent book (produced). He called every day for his letters and parcels, which I handed him—on some days he got twelve, and he used to get plenty of parcels. He made no use of the stable. On the morning of March 15 two cases of whisky came, of which Exhibit 5 is one. I ordered the carman to put them in the stable. On March 13 a crate came from Huddersfield, which was also put in the stable. He put nothing in the stable in the way of stationery or furniture. On March 6 he nailed this notice on the stable door, "E. C. Ironside, Merchant and Manufacturers' Agent, 453, Wandsworth Road, London, S.W. Please leave all letters and packages at the house."I never heard the name of Gillenden in connection with him. He came on March 11 and looked at the cases that had come for him. He returned later in a taxi, into which he put one of the cases. He took a bottle out of the other case. He left the case there and took the bottle away with him. At seven the next evening he called and took out another bottle, which he put into a handbag and took away. About 1 p.m. the next day, March 17, he brought portmanteau, into which he put five more bottles. This box arrived on March 17, and prisoner took it to the stable, when he called. On March 14 he came for the crate; a man he brought with him took it away. (To prisoner.) It is a stable and coach-house, and the coach-house was large enough tohold several large crates. When you mentioned the Hop Exchange first, Mr. Monico, who was present, said that they would be quite enough and he would not trouble to write for it. You did not open the letters I gave you on the 7th; you put them straight into the portmanteau. Some of the
letters which arrived for you' were in large envelopes; they contained catalogues—not samples.
EDWARD BENNETT , carman, 61, Bennerley Road, Clapham Junction. I have lived there five years. I do not know a road called Bellery Road in the neighbourhood. Prisoner, whom I know by sight, has never lived in my house. (To prisoner.) About one year ago I lived at Cairns Road. You never occupied a room there.
OWEN MORRIS , junior clerk to J. T. Robin, incandescent mantle manufacturer, Greyhound Lane, Streatham. We advertise in the "Ironmonger." We received a postcard (Exhibit 25) headed, "E. C. Ironsides, merchant and manufacturers' agent, 453, Wands'worth Road, London, S.W.," asking us to forward samples; it is postmarked March 3. The next day we wrote him saying that we no longer stocked the mantles we had advertised. On March 7 we received another postcard with the same heading, asking us to forward other samples and to quote our lowest price to factors. We wrote him on March 8 giving him a list of seven samples we were sending him and quoting trade prices; wesent the parcel of samples at the same time. We do not charge for samples. On March 9 we received a postcard asking us to forward five gross of mantles to go on with, carriage paid. We wrote him next day saying that as it was our first transaction would he let us have the usual trade reference. I believed him to be a wholesale firm wanting to sell again and that he carried on business at 453 Wandsworth Road. (To prisoner.) We received no reply to our last letter. The value of your order was £5 19s. We should have given credit for one month and then we would have allowed another 15 days before we pressed for payment. You would have had about six weeks in which to sell our goods.
The depositions of Arthur Hodsall (manager to Mackie and Co.) were then read.
HAROLD GODFREY BRIGHT , assistant managing traveller to Mackie and Co., Limited, distillers, 258, High Holborn, W.C. In the middle of March I called at 453, Wandsworth Road and found nobody of the name of "E. C. Ironsides." It is a small stable. A postcard was attached to the door. I made a report to my firm.
FREDERICK HOROTIO BLUNDELL , Excise Officer, Clapham. I have never received any application from 453, Wandsworth Road, for a wine or a spirit license. (To prisoner.) I have passed the stable frequently and I cannot say there was any pretence of a wine and spirit business being carried on.
BENJAMIN FAIRBANK , manager, Oliver Eastwoods (Successors) Limited, Huddersfield. We advertise in the "Ironmonger." We received a postcard dated March 4 and headed, "E. C. Ironsides, merchant and manufacturers' agent, 453, Wandsworth Road,
London, S.W.," asking us to forward a sample potato cutter and to quote best trade terms. Believing him to be a merchant I wrote him on March 9, giving him our best factors' terms and enclosing price-list and a circular called "The Home Cheap Potato Cutter." We sent him a sample potato cutter. We thought he wanted the goods to sell again. We got a postcard dated March 8, which stated that before placing an order he would like us to send samples of two further articles, for which, if satisfactory, he could place good orders with us. We understood that he would be able to do a good trade with our goods and we sent the further samples, for which we sent 15s., the trade terms. The first sample was only a sixpenny line and we did not charge for that. (To prisoner.) I have not known a case where we have not charged agents for samples worth 9s. The account was due on your receiving the goods. To merchants that are well known to us we would give 14 days' credit. We should not have given you six weeks' credit if you had written asking for it.
HENRY GEORGE HUGGINS , clerk to William Stenhouse, whisky merchant. Exhibit 13 is a letter from us to prisoner in answer to his postcard. (Prisoner objected to this letter being put in, as it was written from witness's recollection of the postcard he had received 14 days before. It was not put in.) We got a postcard (Exhibit 11), dated March 10, headed in a similar way to Exhibit 25, asking us to forward two dozen bottles of whisky at the trade terms which we had quoted him. On March 14 I sent the goods, value £4 8s. with the Excise permit, believing that he was a genuine merchant and able to pay for them. Exhibit 5 is one of our cases, and I have identified five bottles of whisky shown me by the police. At 6.45 p.m. on March 16 I went to 453, Wandsworth Road, which I found to be a stable adjoining a house. The note, "If good for £10" on Exhibit 11 is in my writing. (To prisoner.) Your first postcard, which has been mislaid, asked only for quotations—not samples. We generally make inquiries before sending goods to strangers, but we did not do so in your case until after they were sent; we have sometimes done so in other cases; it all depends on the value of the order. This was a cash transaction. I put on Exhibit 11 "If good for £10," in case we should have further orders from you. I am sure that your first postcard did not state that you wanted the whisky for medicinal purposes. I thought you were a general merchant. I cannot give the name of any firm in the wine and spirit trade who call themselves "manafacturers' agents"; an agent generally gives the firm for which he is an agent. I expected to be paid when I called on March 16. We generally give one month's credit, but that is only when goods are ordered in large quantities. We gave you our best trade terms. We did not say anything in our letter to you about when the account was to be paid.
Re-examined. Mr. Powell, the manager, was away at the time I sent the whisky and I acted upon my own responsibility.
March 11 we received a postcard headed in a similar manner to Exhibit 25, asking us to send samples. We wrote himenclosing prices of various things, and in reply we got a letter ordering certain steel drills. We sent him the goods with an invoice for £1 2s. 11d., understanding that he was trading as a merchant in a small way. We charged trade terms. If we had known that the business was a stable adjoining a private house we should not have sent the goods. We have not been paid. (To prisoner.) If we had known what your premises were like we should have sent you a pro forma invoice, asking for a remittance before sending the goods. If we had learned through our inquiry office that you lived in a house at a rental of £60 and rented a stable, I do not think we should have sent the goods even then. We did not knowwhether you could pay for them; as it was a small order, we ran the risk. When the secretary handed me your postcard, he said, "I do not like the look of this, but as the order is so small we will forward the goods." Payment of your account would be due on April 30. In such a small order as that I do not think we should have given you longer credit than that.
JOHN COLLIN LAYCOCK , secretary, J. Beardshaw and Sons, Limited, Sheffield, corroborated the evidence of the last witness. (To prisoner.) I do not remember making any remark to the forwarding clerk when I received your order. I made no inquiries about you. We should have given you till the end of April to pay. If you did not pay then I should make inquiries about you.
KARL PFEIFER , senior forwarding clerk, H. R. Williams and Co., wine and spirit merchants. On March 15 we received a postcard headed in a similar manner to Exhibit 25, asking us to send some samples of claret and whisky, the latter being for medicinal purposes. I understood that he was in business for himself or for others. On March 16 we wrote him enclosing price list, and we sent a sample of whisky and a sample of claret. For the claret we charged him 1s. 5d. We received another postcard on March 17 headed in the same way ordering certain goods. We never sent them. (To prisoner.) I have had ten years' experience of the trade. I thought you were a merchant and wanted the goods to sell again. We thought from your postcard you had a license to sell wines and spirits. You did not describe yourself as an agent for wines, but that is included in "manufacturers' agent." We quoted you the same terms as we would to a private customer, because you did not ask for terms. We caused in-quiries to be made about you, but we have not yet received the report. We generally give one month's credit to merchants. Our agents generally pay us once a month. We received a telephonic message cancelling your order.
Detective Sergeant FREDERICK STEPHENS , recalled. On March 17, in company with another officer, I kept watch on 453, Wandsworth Road. Shortly after midday I saw prisoner go to the front door carrying a portmanteau, which was apparently empty. He went and came out shortly afterwards carrying this box (Exhibit 1). He went
into the stable, where he remained about 15 minutes. He came out carrying the portmanteau, which seemed pretty heavy. We followed him up the Wandsworth Road; he seemed very suspicious. I walked up to him and said, "I am a police officer. What have you got in that bag?" He said, "Five bottles of whisky." I said, "Where did you get them from?" and he said, "My stable at 453 Wandsworth Road." I said, "I am not satisfied. I believe these have been obtained by a long firm fraud and I shall arrest you for the unlawful possession of them." He said, "All right; I will not give any trouble."At the station I asked him his name. He said, "E. C. Ironsides." I said, "What does 'E. C.' stand for?" and he said, "Edward Charles."He refused to give his address. Later he said, "My name is not 'E. C. Ironsides'; it is 'Edward Charles Gregory,'—you know that well enough—but I refuse to give my address."He said he was a merchant and manufacturers' agent. I said he would be charged with the unlawful possession of whisky and the box. He said he did not know what it contained. I subsequently went to the stable and took possession of Exhibit 1, which was addressed to "E. C. Ironsides," and contained four inverted gas brackets and fittings. In his possession were found two letters addressed to "Mr. Gillenden, 50, Dagnan Road, Balham." In a rent-book found on him we found the address "61, Bellery Road, Wandsworth Common," but it was ascertained that there was no such road. He had 1s. 6d. on him and Exhibits 3, 4, arid 12 (produced). I went to 55, Dagnan Road, where I found the letters which have been produced. Neither there nor at the stable did I find any books recording business transactions whatever. I found about 100 postcards similar to Exhibit 25. I also, found a number of letters in regard to goods supplied or to be supplied by differentfirms. I showed prisoner an empty bottle of Stenhouses' whisky which I had found in the front room at Dagnan Road and he said, "Yes, I drank that one myself; that was one of the twelve; the other one has gone." On March 25 he was further charged with obtaining goods by false pretences and he made no reply. (To prisoner.) There was a table in your room at Dagnan Road, but it was a small one. There were letters and catalogues on it, but they were not arranged in order. Amongst the letters we found a letter to you from R. Kitchen, hardware merchant, of Sheffield, dated March 9, enclosing price lists and stating that on receipt of cash he would send the goods you had ordered and stating that he had not yet a London agent. There was also a letter to you from Ermin Brothers with reference to the remarks made by the steward of a club to whom you were supplying whisky as to the prices their firm charged.
FREDERICK CHARLES GREGORY (prisoner, not on oath). I took the premises at 453, Wandsworth Road, as an office and storage room; if I had taken a small office it would have been impossible for me to receive heavy cases there. I wrote to these firms for samples, using simply-headed postcards; I conducted all my correspondence in that way. There was nothing on them to lead wine merchants to believe
that I was a wine merchant. It was my intention to procure certain orders from private customers and to forward those orders to the firms. They could then supply the goods direct and pay me a commission. I only had the stable under three weeks and I had not time to fit it up. The letter from Ermin Brothers shows that I intended them to supply the steward of the club direct; I was to receive a commission. I have had very little time to prepare my defence.
Verdict, Guilty on all counts except counts 2, 6, and 10.
Prisoner confessed to a previous conviction on April 27, 1903. Three previous convictions in all were proved for obtaining goods by false pretences. He was released from his last sentence on December 10, 1910. It was stated that for some years past he had been obtaining his livelihood by defrauding the public. He stated that he had made repeated efforts to earn an honest living.
Sentence: Fifteen months' hard labour.
MAY, Henry Gomer (45, actor), pleaded guilty on January 13 (see preceding vol., p. 238) of maliciously publishing a defamatory libel of and concerning Samuel Henry Henderson and maliciously publishing a defamatory libel of and concerning Evelyn Maude Henderson, and was released on his own recognisances.
On April 28, Mr. Walter Stewart applied for a warrant for the prisoner's arrest on the ground that he had broken his recognisances. The warrant was issued and executed, and prisoner was now brought up for judgment.
ARTHUR WILLIAM WATERLOW KING. I was Chairman of the Acting Bench of Magistrates who committed prisoner for trial. Since he was released at this Court on his own recognisances he has written me two letters, which were handed to the Director of Public Prosecutions.
Cross-examined by prisoner. On your non-appearance in answer to the summons, the hearing was adjourned once and then a warrant was granted. I think a letter was handed in asking for a further adjournment, but the application wasopposed and the warrant was granted.
GEORGE BELLAMY, actor, 2, Evershott Gardens, N.W. I know prisoner and know his handwriting. This letter headed "A Fool There Was" is in his handwriting. It is addressed to me. It is in doggerel verse and contains scurrilous abuse of myself, Mrs. Henderson, and Mr. Henderson. (It was read.) I received it after he was tried here in January. It was I who got him the engagement with Mrs. Henderson. To my knowledge she has paid him every penny she arranged to pay.
Prisoner expressed his contrition for what he had done and stated that he had understood he was bound over not to continue writing letters to Mr. and Mrs. Henderson, and this he had not done. He stated that he had lost his temper owing to the fact that he had not been able to get money from Mrs. Henderson, to which he thought he had a right under a contract by which she employed him in a sketch. He promised not to continue his conduct.
Judge Lumley Smith, stating that the libels prisoner had written since his trial satisfied him that he ought to be called up for judgment in respect of the previous libels, sentenced him for these previous libels to Two weeks' imprisonment without hard labour, to date from the first date of these Sessions.
BEFORE THE COMMON SERGEANT.
(Tuesday, May 2.)
MOODY, Alfred (42, manager) . Obtaining by false pretences from Ernest Edward Carter £2, £13 and £5, from Horace James Scott 8s. and 15s., from George Aulbarn £5 and £3 10s., and from Frank Highley £5, in each case with intent to defraud.
Mr. Leycester and Mr. Harold Murphy prosecuted.
ERNEST EDWIN CARTER , 440, New Cross Road, theatre manager. In January I inserted an advertisement in "The Stage," being then resident at 180, Clive Street, Cardiff, and received reply from prisoner: "Electrical Theatre, Wyvern Hall, High Road, South Tottenham, February 1, 1911. Re your advertisement. I am in want of a general assistant manager for above and lady money-taker, to commence on Monday, February 13. A 12 months' agreement will be given." Signed, "Alfred Moody, General Manager East London Cinema. Company, Limited—40 theatres now open." I replied and received letter from prisoner agreeing to engage me as assistant manager and the lady as money-taker at a joint salary of £2 5s., requiring cash security for £15, stating that the lady would have charge of takings if from £60 to £100 a week, and asking me to wire deposit of £2 as he (prisoner) had several applications; also that his company, had now 20 theatres open and a 14 years' lease of Wyvern Hall. I immediately wired £2, forwarded £13, and received a letter engaging me and the lady to commence on February 13 and undertaking that the £15 would be returned at the end of the first month; also offering to get me apartments in London. On February 6 prisoner wrote that the date of opening, was changed to February 20, but that I should be paid half salary for week commencing February 13. On February 11 prisoner wrote that there was delay with the Middlesex County Council over the license and that the hall could not be opened for three weeks, but that I could be transferred to another hall, and requesting me to come to 440, New Cross Road, where prisoner had engaged rooms for me. I went there; prisoner called and told me that he had found an engagement for me at the Greenwich Theatre, that he had paid further security and required another £5, which I gave him, he to return it at the commencement of my engagement at Wyvern Hall. I paid him the £5, believing that he had an engagement for me as manager and for the lady with me, Miss Syke, a cash-taker at Greenwich. He arranged to meet me on the Monday and introduce me to the staff.
On February 20 he wrote putting me off; I then went to Greenwich Theatre and Jearned that the prisoner had nothing to do with it. The next day prisoner called and told me that he referred to the theatr e in Stockwell Street, Greenwich. He took me there and appointed to meet me the next day and give me the keys of the theatre and the bills, so that we should open on the Wednesday evening. I never saw prisoner afterwards. I received a number of letters from himexcusing delay, etc., one dated February 24 stating that he had an engagement at the Hippodrome, Cambridge. I went to the police on February 23.
HORACE JAMES SCOTT , cinematograph operator, Tottenham. In January, 1911, I advertised in "The Stage" for an engagement and on January 30 received reply from prisoner from Wyvern Hall, where I called upon him. He offered me engagement at £2 a week, asking me for £1 commission and 3s. for expenses. I paid him 8s. and the next day brought him 15s., when he gave me contract produced engaging me for six months as operator at Wyvern Hall at £2 a week, signed "Lawrence Collins, Director." On February 10 prisoner wrote stating that he could not get a license and the hall would not be opened for 10 or 15 days. I have received neither situation nor wages and have had no return of the commission paid.
JOHN STEWART POWELL , Clerk's Office, Middlesex County Council. On February 7 prisoner applied for a cinematograph license for Wyvern Hall; he was informed that a license had been issued subject to certain requirements being carried out; that if that was done he could apply for the transfer. The license had been granted to H. C. Hamblin, but had not been issued.
FRANCIS MINCHIN , clerk, Office of the Registrar of Joint Stock Companies, Somerset House. No company has been registered under the name of the East London Cinema Company or the London Cinema Company, Limited.
GEORGE AULBURN, 22K , Peabody Buildings, Dufferin Street, City Road, butcher. On February 2 I advertised in the "Daily Chronicle," received reply from prisoner, and visited him at Wyvern Hall. He said he was general manager to the East London Cinema Company, that he had the place of money taker open at Wyvern Hall, thewages being 30s. a week; there being takings of £9 to £15 a night he required security, £5 on signing agreement and £5 on the date of opening, which would be February 13. I agreed to the terms and received letter of February 3 stating that the company would engage me. I forwarded the £5 and received formal agreement produced. I then received letter putting off the opening, but stating that my wages would be paid. I handed prisoner the second £5, out of which he paid me the first week's salary of £1 10s. He told me he had a difficulty in getting the license for Wyvern Hall, but that he could put me on at Greenwich Theatre or another hall. I have done no work at any theatre and have not received back any of the £8 10s. paid to prisoner.
FRANK HIGHLEY , cinematograph operator, 118, Clapham Road. On February 2 I advertised in the "Stage," received letter from prisoner, and saw him at Wyvern Hall. He showed me round the place; he said he was the district manager of the London Cinema Company, that Collins was the general manager, that they had forty halls, including one at Greenwich and one at Woolwich. He said I should have to purchase the films and be responsible for them, and asked what security I could give. I said £5. The next day I brought him £5 and he wrote out agreement (produced), "I, Alfred Moody, general manager to the London Cinema Company, Limited, Tavistock House, Strand," engaging me as operator to the Electrical Theatre, High Road, Tottenham, at £2 a week, to commence February 13, and acknowledging the receipt of £5 as security, to be returned in full one month after the commencement of the engagement. I afterwards received a letter stating that the license had been delayed for 10 or 15 days and asking me to meet prisoner on February 14 at the New Cross Empire, which I did; he then told me that hecould employ me at the Greenwich Theatre while waiting, and that I should receive my week's wages on the following Saturday. I received several further letters, but have had no employment or wages and have not received my £5 back.
HERBERT EDWIN GENGE , member of Genge and Genge, 1, Dr. Johnson's Buildings, Temple, solicitors to Mrs. Kearton, owner of Wyvern Hall. On February 8 I received a letter from A. Moody about taking Wyvern Hall. Towards the end of February I received a letter from Crawford; the letters have been mislaid. Neither Crawford nor Moody took the hall.
HERBERT JAMES CECIL SUMPTER , 5, Robert Street, Adelphi, member of H. J. C. Sumpter and Co., solicitors. I am one of the mortgagees of Wyvern Hall and have acted as solicitor to the mortgagees. I have had no communication from prisoner and have never heard of Collins or Crawford or the East London Cinema Company.
CHARLES BLACKMORE , 187, High Road, South Tottenham, caretaker of Wyvern Hall. At the end of January or beginning of February prisoner called to see the hall. He said that his people, Collins and Lawrence Crawford, managing directors to the East London Cinema Company, had taken Wyvern Hall and that he was their representative. I said I had had no intimation from the landlord. Prisoner said they were taking it from the mortgagees. On the following Monday he went into the hall, purchased some notepaper, ink, and pen, and wrote letters in the office or pay-box. Several persons came to see him there; he was there three or four hours. I knew him as A. Moody. He came on several days during the week and acted in the same way. He then left, telling me he was coming back; that he should be at the Palladium; that he was arranging about 200 tip-up seats to be put into the hall, and that if I wanted him I was to telephone him at the Palladium. I then received a telegram from
prisoner stating that he had gone to Brighton as a theatre was burnt down there, and that he would see me on Monday. I did not see him again.
Cross-examined. I could not say the date prisoner first came; about a fortnight before that two gentlemen came and looked at the hall. I referred them to Mr. Kearton, the owner. I knew the hall was mortgaged and that it had been advertised, "Apply to the caretaker." Prisoner told me that his company had deposited £140 with the solicitors, Smith and Mason. Mr. Kearton regularly came to the hall. I told him about the prisoner; he said he knew nothing about him and that it was not likely he should let the hall for £140 a year. I told prisoner of this, but he deceived me. He said the hall was out of the hands of the landlord, that his company was very wealthy, and they had taken the hall from the mortgagees. Prisoner interviewed a carpenter to make alterations and some one from the Electrical Supply Company; he was there nine days in all.
DANIEL BARNARD , 10, St. Mary's Road, Peckham, music-hall manager. I have been licensee of the music-hall, Stockwell Street, Greenwich, for nine years, up to February 27, 1911, when I transferred it. I havehad no communication from prisoner, Collins, Crawford, or the London or East London Cinema Company in connection with the purchase or hire of my theatre.
Sergeant ALBERT CHATT , R Division. On February 25, at 4.30 p.m., I saw prisoner in the waiting-room at Bow Railway Station. I told him I was a police officer and should arrest him on a warrant for obtaining £5 from Ernest Carter by false pretences. Prisoner said, "He is a fool to do this. I should have paid him £5 to-night. I cannot see how he could do this." At Blackheath Road Police Station I read the warrant to him. He said, "It is false." When charged he said, "It's all false." I searched him and found on him £1 2s. 4d. and a number of letters.
ALFRED MOODY (prisoner, on oath). In December last I met a Mr. Collins and a Mr. Crawford, who informed me they were forming a company called the London Cinema Company, to run theatres in London and the provinces. I was to be district manager and engage the staff and no one was to have a responsible position without security. Crawford said the first hall they would open would be Wyvern Hall, South Tottenham. I at once went there, informed the caretaker who I was and asked if his employers had told him that the hall was let to my company, meaning, of course, Crawford and Collins—the London Cinema Company. He said he thought he had see Mr. Collins and Mr. Crawford. I then saw the hall; the Caretaker said he would see the owner that evening; I told him to give the particulars to the owner and that my company had taken the hall; that I would call again in a day or two. On the next occasion I saw the hall-keeper I asked him if he had seen the owner; he told me he had and I was to get on with the business of getting ready for the opening. A
few days after I saw Crawford at the Trocadero. He told me there was some difficulty with the Middlesex County Council over the license and would I see what I could do about it. So I wrote to the Middlesex County Council and received a reply, which I gave to Crawford. I saw a gentleman from the County Council, who told me what alterations were required. I told Crawford it would be impossible to make those alterations in time to open in three weeks and that something would have to be done to get a place to start in. Crawford told me he had the offer of the Palace, at Greenwich, which could be opened at once, and I could transfer the staff there. I suggested we might get the Hippodrome, at Cambridge, communicated with the proprietor and received a wire that we could have the hall and open on February 18. The same evening I called upon the witness Carter, told him what had occurred and agreed to return his money when he commenced his engagement, he to have half salary until then. He said he would rather be at a music-hall. The next day I saw Carter again. He asked for money; I paid 8s. his rent and gave him a few shillings. I took him to Stockwell Street, Greenwich, showed him the hall, told him I was in hopes of getting that, but if not, he could go to Cambridge on Monday, February 27. I communicated with him every day by letters, wire, and telephone, and on the day of my arrest I was arranging to see him at his apartments and he was to telephone me at 4.30 at Bow Station. Instead of that I was arrested at Bow Station, so I could do nothing further. I have communicated with Crawford and all the people connected with this and have had the letters returned, and none of the witnesses have come up to speak for me. Mr. Walter Harris, of 21, Great Eastern Street, called at the hall on my instructions and measured for the seats. He promised to be here, but he has not come. There were several letters left at Wyvern Hall which I have asked for, but they have not been found.
Cross-examined. I have known Crawford a good many years; his Christian name is Charles Henry; he is professionally known as Lawrence Crawford. I have known Collins five or six years. I do not know his Christian name, he is professionally known as Lawrence Collins. I do not know where either of them are now—they have greatly deceived me. Crawford had all the money I received excepting 25 per cent, which I had as commission. I had arranged that I should have 25 per cent, on all money that I introduced or received. I suppose I had £2 out of Aulburn's £10, of which I paid him back 30s. in wages. I got no salary from Crawford; I received a commission of 25 per cent, on money deposited by way of security. The agreement signed "Lawrence Crawford" is in my writing. I was authorised to sign Crawford's name. In writing that we (the company) had a 14 years' lease of Wyvern Hall I must have thought so at the time, because Crawford had told me.
Prisoner confessed to having been convicted at Hamstead Petty Sessions on July 14, 1909, receiving 12 months' hard labour for obtaining money by fraud. Other convictions proved: Spalding,
March 31, 1908, three months' hard labour; January 3, 1908, West Hartlepool, three months' hard labour; Burnley, January 25,1905, three months' hard labour—all for obtaining money by false pretences. A large number of similar frauds were stated to have been committed by prisoner.
Sentence: Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 26.)
BRAND, Charles Frederick (20, butcher), pleaded guilty of burglary in the dwelling-house of Charles George Cannon and stealing therein one ring and other articles and £1, his goods and moneys; stealing two pairs of spectacles and other articles and about 10s., the goods and moneys of William Payne.
Prisoner confessed to having been convicted at Aylesbury Assizes on October 22, 1908, receiving 15 months' hard labour for stealing a bicycle, after two other convictions of 12 and 15 months.
Sentence, 18 months' hard labour, to be followed by two years' police supervision.
DANDRIDGE, Daniel (45, labourer), pleaded guilty of stealing one sweater, the goods of Alfred James Twiddy, and two handkerchiefs and two cigars, the goods of Bell Bertram Armstrong, then being in a certain vessel called the "Moravian" in a certain port of entry called the Port of London. Prisoner confessed to having been convicted at Chelmsford Quarter Sessions on May 18, 1904, receiving five years' penal servitude and five years' police supervision for felony. Thirteen other convictions were proved, commencing in 1890 and including three years' penal servitude for horse stealing. Stated to have been in honest employment for two years previous to the present offence.
Prisoner was released on his own recognisances to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, April 27.)
SWAIN, Edward Albert (18, blacksmith), pleaded guilty of burglary in the dwelling-house of Charles George Cannon and stealing therein one ring and other articles and £1, his goods and moneys; stealing two pairs of spectacles and other articles and about 10s., the goods and moneys of William Payne.
Sentence, Two years under the Borstal System on each indictment, ent, to run concurrently.
BEFORE THE RECORDER.
(Wednesday, April 26.)
Prisoner's original intention in getting into the room in which he was found seemed to have been to see the servant, whom he had expected to find there and with whom he had been cohabiting.
Sentence, Nine months' hard labour.
Many previous convictions were proved. Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 26.)
Prisoner confessed to having been convicted at-Newington on August 10, 1909, receiving 18 months' hard labour for larceny after five previous convictions for larceny, frequenting, etc.
Sentence, 15 months' hard labour.
Prisoner confessed to having been convicted at Chelmsford Quarter Sessions on January 4, 1911, receiving six weeks' hard labour for house-breaking. Another short sentence was proved.
Sentence, 15 months' hard labour.
BEFORE MR. JUSTICE GRANTHAM.
(Friday, April 28.)
[NOTE.—The report of the trial of Zurka DUBOFF, Jacob PETERS, John ROSEN, and Nina VASSILEVA (May 1 to May 12) will be issued with the report of the May Sessions.]
CENTRAL CRIMINAL COURT.
LONDON AND MIDDLESEX CASES.
APRIL SESSIONS, 1911.—ADDITIONAL CASE.
BEFORE MR. JUSTICE GRANTHAM.
(Monday, May 1.)
DUBOF, Zurka (24, painter), PETERS, Jacob (24, tailor's presser), ROSEN, John (26, hairdresser), and VASSILEVA, Nina (23, cigarette maker) . First indictment: Dubof and Peters, wilful murder of Charles Tucker; (second count) Dubof, Peters, and Vassileva, feloniously harbouring felon guilty of murder. Second indictment: All conspiring and agreeing together and with others unknown to break and enter the shop of Henry Samuel Harris with intent to steal his goods; (second count) conspiring and agreeing together with the same other persons feloniously to steal the goods of Henry Samuel Harris.
Mr. Bodkin, Mr. Travers Humphreys, Mr. Boyd, and Mr. Stanley Crawford prosecuted; Mr. J. B. Melville and Mr. Cairns defended Dubof; Mr. J. B. Melville and Mr. J. L. Pratt defended Peters; Mr. Arthur Bryan and Mr. H. Hickman defended Rosen; Mr. Walter Stewart and Mr. Lionel Leach defended Vassileva.
The trial of the first indictment was proceeded with.
MAX WEILL , importer of fancy goods. I carry on business and live at 120, Houndsditch; the back of that house looks towards the back of Exchange Buildings. On December 16 about 9.45 p.m. I heard a boring and drilling noise against the side of my back wall. I communicated with the police; Police-constable Piper and Sergeant Bentley came in and listened against the wall. Five minutes after they left I heard shots.
Police-constable WALTER PIPER , City. On being spoken to by Weill I went into his premises and heard a rough drilling and scraping noise. It seemed to come from the back of Harris's shop, 11, Exchange Buildings. I walked round there and knocked at the door; it was opened by a man in a very suspicious manner. I asked him if the
missus was in; he said, "She has gone out." This man I afterwards identified as Gardstein. On leaving Exchange Buildings I passed through Cutler Street. I saw a man there looking down Exchange Buildings; I believe it was Dubof, but I am not definitely sure. On my reporting the matter at the station a number of officers were collected and the place was surrounded. I was stationed in front of Harris's shop. Bentley and other officers went round to Exchange Buildings. Almost immediately I heard several shots. I ran into Cutler Street and saw Police-constables Strongman and Smoothy assisting Sergeant Tucker, who was lying wounded on the ground. I went for the ambulance.
Cross-examined by Mr. Melville. Cutler Street was very well lighted. I said at the station the same night that I could not identify the man I saw, and I failed to positively identify Dubof when he was placed in a row with others.
Cross-examined by Mr. Bryan. When I knocked at 11, Exchange Buildings I saw nobody but Gardstein.
Mr. Justice Grantham here stated that he had read the depositions and listened to Mr. Bodkin's opening, and had formed the view that there was no evidence that Dubof or Peters actually took part in the shooting of the policemen, and that it was undesirable to proceed with the first count of the indictment.
Mr. Bodkin, after this expression of his Lordship's opinion, withdrew the charge of wilful murder (a verdict of Not guilty being entered), and the trial proceeded on the second count.
Police-constable JAMES MARTIN , City. With other officers I accompanied Bentley to 11, Exchange Buildings. Bentley knocked at the door, and it was opened by a man; Exhibit 3 is a photograph of that man (Gardstein). Bentley exchanged a few observations with the man, who then went inside, leaving the door a little open. After a short interval Bentley pushed the door open and slipped into the passage. I was standing in the carriage way, facing the street door. I saw the door at the back open, and through it a man's arm holding a revolver; I saw and heard a shot from this revolver and simultaneously another revolver was fired from the stairs. Bentley and Sergeant Bryant were shot and fell; the latter knocked me over as he fell. Then I saw a hand come out of the doorway, firing a number of shots in the direction of the other officers. When I got up I found Bryant holding his hand, wounded; Bentley was lying in the doorway; Woodhams, Choate, and Tucker were also lying in the street. I was lying in the gutter for only a few seconds. There must have been 20 or 30 shots fired.
To Mr. Melville. It would be just after midnight when I finally left Exchange Buildings; the shooting occupied perhaps 15 or 16 seconds.
WILLIAM THOMAS BRYANT , City Police. On December 16 I was a sergeant; I am now an inspector; I have had to leave the force in consequence of injuries received while on duty. I was with Bentley's party on this night; when he pushed the door open I was with Tucker in the roadway outside. The ground floor room was lighted and I could see there the man Gardstein; I also saw the lower part of a man at the
back staircase; both men fired revolvers; I was shot and fell in the roadway; I was wounded in the cheat and in the hand.
Police-constable ARTHUR STRONGMAN , City. I was with the party accompanying Bentley. After Bentley and Woodhams had been shot down, a man came out of the doorway and fired in the direction of Tucker and myself; Tucker being hit I supported him round towards Cutler Street; looking over my shoulder I saw the man following us up, still firing rapidly. Afterwards I saw at 59, Grove Street, the dead body of Gardstein; this was the man I saw firing at Exchange Buildings. Exhibit 2 (found near Gardstein's body) is similar to the pistol I saw him firing.
Evidence was given of the finding of a spent bullet and two cartridge cases in the neighbourhood of Exchange Buildings.
ISAAC LEVY , 271, Brunswick Buildings, Goulston Street, E. I am manager of Salmon and Gluckstein's branch at Walthamstow. On December 16 I left there by a train arriving at Liverpool Street at 11.29 p.m. Walking homewards, when I got out of Devonshire Square into Borers Passage I heard the sound of firearms. I at first thought that somebody who had been at a rifle range, which is there, was firing in the air. As I went up the passage three men were coming towards me; they seemed all huddled together and rather excited; the one in the centre was held up by the arms by the other two, and I thought he was drunk; a woman was running up behind them. As they came up towards me the two outside men stopped and held revolvers in my face; one said, "Don't follow us"; the other said, "Don't follow"; the woman was then about two yards behind them. I stopped, and the four passed me, running through Arrow Alley. I noticed the woman's face, and also that she had a kind of a fur and a muff; the night being very windy, the flap of the muff blew up towards her face; she was about 5 ft. 5 in. or 5 ft. 6 in. I walked through Cutler Street to get into Houndsditch. At the opening of Exchange Buildings I saw four policemen lying on the ground. I ran to Bishopsgate Police Station and reported what I had seen. On the 18th I saw at the mortuary the dead body of a man; Exhibit 3 is photograph of him; I identify him as the centre of the three men I saw on the 16th. On December 23 I went to the police station and from a row of 15 or 20 men picked out Dubof and Peters as the two other men I had seen. On February 8 I picked out from about 15 women Vassileva as the woman I saw with the three men.
To Mr. Melville. When I heard the shots I hesitated for a moment and then walked on. I did not say at the police court, "I heard shots in the direction of Exchange Buildings and I rushed in that direction: as I was rushing the three men faced me." As a fact I ran down the steps in the direction of the rifle range, and then hesitated and walked along in my ordinary way. When the men pointed revolvers at me I was not frightened; I thought they were showing me how they had been firing in the air; I thought they were students out for a lark. I said at the police court that I was upset and ran away; I was not upset, nothing out of the ordinary; I did not run away;
I walked in a fairly cool manner. I thought at the time it was best for me to get away as the police might arrest me if I was found close to the men; I did not then know of the shooting at the policemen; I mean I thought I might be arrested as one of the party for discharging firearms in the open street. When I got to the police station I did not tell the inspector that I had seen two men with revolvers; the reason was that my wife had just been confined and I thought that if I started opening my mouth I might be detained for some time; which would have upset my wife. It is not the fact that I was so excited and terrified that I did not know what I was doing. The men were in my view between two and three minutes; they were walking rather sharply. When I got to the police station I did not make a statement; I just told them to send on an ambulance and men as soon as possible. The next day I made a statement. I then said that I could not give a description of the men, except as to their height. I do not think I said they were Russians; I said they spoke broken English. On the occasion of my identifying Dubof and Peters I knew that the men who pointed revolvers at me were foreigners; I picked out the accused from a row of about 15 men, five of whom in all were foreigners; I cannot remember whether the other three foreigners were young or old or were wearing hats. I gave a description of the men to a constable on December 18; it was taken down in writing. (The statement was called for; Mr. Bodkin said the Treasury had never had the statement; he believed the witness was inaccurate.) I gave their height, and said that one had a short moustache and was rather fair. I am sure I made this statement on the 18th, after identifying the dead body of Gardstein. (Mr. Bodkin repeated that there was no statement by the witness; there was only a report made by a detective of what witness had said to him on that day; no statement was signed by witness until the 23rd. Mr. Melville called for the detective's report; Mr. Bodkin declined to produce it.) I had never seen either of the three prisoners before this occurrence. I cannot be certain how the men were dressed; I think one wore an overcoat. I saw them for two or three minutes; they deliberately stopped and stared me in the face and pointed the revolvers at me.
(Tuesday, May 2.)
Mr. Justice Grantham said that after the cross-examination of the witness Levy he thought it right to say that, having gone very carefully through the evidence—and the prosecution had no other evidence of the identification of Dubof and Peters as the two men who were carrying Gardstein that night—the evidence to his mind was so unsatisfactory that he could not allow any jury to find the prisoners guilty on such evidence of identification. Therefore his suggestion to counsel for the Crown was that, with regard to the charge against Dubof and Peters of being accessories after the fact to the murder, there was not sufficient evidence to justify the Crown in pressing the case. As to the woman
the position was somewhat different. He thought there was other evidence which to some extent would confirm Levy that she was the woman who was walking behind the men who were carrying Gardstein. There were other facts showing that she was a great friend of Gardstein's, and in these circumstances there might be reasons why she should follow the wounded man and yet have had no part in the murder. Therefore, it would not be wise for the Crown to press the charge against her of being an accessory after the fact to the murder. There was another difficulty which had arisen which he did not think the Crown were able to meet, and that was—assuming that these two men and Vassileva were the three people who were carrying Gardstein, were the Crown in a position to show that they knew that the murder had been committed? The law was that it must be shown that the persons charged with being accessories after the fact knew at the time that the murder had been committed—mere wounding would not do. It seemed to him that the Crown would not be safe in going on against the prisoners on that charge.
Mr. Bodkin said that the learned Alderman, after a very full investigation, having committed upon all the charges, it was considered right that they should all be submitted to the judgment of the court. It would not have been right or fair to the prisoners to select for trial a misdemeanour charge while there were on the file such serious charges of felony. Therefore he had opened to the jury the whole of the facts; but from those representing the Crown there would be no word in any way antagonistic to what his Lordship had just said. He did not gather that any suggestion was made against the good faith, honesty, or respectability of Levy. He was a witness who was entirely unconnected with any phase of this case—a mere citizen in the street happening to be there at the particular time—but it was, of course, possible that he might not be accurate in the evidence which in his heart he believed. In these circumstances he very respectfully acquiesced in the view Mr. Justice Grantham had taken, and would proceed with the misdemeanour charge of conspiracy to break and enter the premises of Mr. Harris.
Mr. MELVILLE said that on behalf of Dubof and Peters it was only fair to say that before they were arrested, and as soon as the police came to them to make inquiries, they gave the police every information and assistance in their power, and told the police everything they were able to tell them. On the prisoners' behalf evidence was called at the police court, and was available at this court, to show that at the time Levy said they were at the end of Exchange Buildings they were at their own homes.
Mr. Justice Grantham added that, although they had come to a somewhat sudden conclusion as to these two charges which were formulated by the Crown, and as to which the prisoners were committed for trial by the Alderman, he thought that no case had ever been brought before him that was so difficult to manipulate and manage by the presiding Alderman in the court before which this case was brought and the evidence given, and that there was no other course
open to the Alderman than that which he took. He thought that the case reflected very great credit on the Alderman for the way in which he investigated it and on the police in the efforts they made to trace the various persons implicated in this tragedy and also in the Sidney Street tragedy which followed it. He said this lest it might be thought by those who did not understand the drift of his observations that it meant any reflection on the way the case was got up or managed or on the Alderman who committed the case for trial. It was quite right that the prisoners should be committed for trial in order to have the charges properly investigated in this court.
A verdict of Not guilty was returned as to Dubof, Peters, and Vas-sileva on the second count of the first indictment. Rosen was then brought up, and the trial proceeded on the second indictment.
Mr. Justice Grantham. There is a statement I wish to make for the benefit of the jury. Having gone very carefully through the whole of the evidence in this case, I am strongly of opinion that the three men who were really the chief murderers—at any rate, the men who, we know were shooting—have each of them met his doom. That is my view; I may be wrong. One of them—Gardstein—was clearly one of the men shooting at the policemen. In my view the other two men who were in the house were the two men who were burned in Sidney Street. There is no evidence to show that the man who was called "Peter the Painter" was one of the murderers. I may be wrong, but that is my view. It is rather satisfactory to know that at any rate the three chief men engaged in it have met their doom, though perhaps not in the way some of us would have liked. There is strong evidence that these were the three men who were guilty of the murders, although there were others with them.
Mr. Bodkin briefly opened the case.
Police-constables POOLE and BAYLISS repeated their evidence.
HARRY HARRIS , son of and assistant to H. S. Harris, jeweller, 119, Houndsditch. Our premises are closed on Friday evening about seven and opened again on Sunday morning. On the ground floor is the shop with a small room behind, in which there is a safe. Nobody sleeps on the premises. There is a light burning all night over the safe. There is generally about £7,000 worth of jewellery in the safe.
Cross-examined by Mr. Stewart. When I first went to 11, Exchange Buildings, I knew there was a woman living with the man there; I had gone to No. 12 and asked Mrs. Abrahams there who was living next door, and she said, a strange man and woman who had been there about three weeks. I did not ascertain that the man went by the name of Maurenitz. I saw no sign at this time of the presence of a woman at No. 11.
Cross-examined by Mr. Stewart. I was in Exchange Buildings from the time the firing commenced till after midnight; I never saw a woman leave No. 11.
Re-examined. I saw nobody, man or woman, leave the house. I tumbled down, and when I got up the shooting was over; it did not last more than 20 or 25 seconds. I did not see the witness Levy. Police-constable ARTHUR STRONGMAN repeated his evidence.
To Mr. Stewart. I did not leave Exchange Buildings until 20 minutes after the firing commenced; I saw no woman; if there had been one there I must have seen her.
Re-examined. I did not see Gardstein leave the house; he must have come out while I was assisting Tucker; so might a woman or any-body else.
ISAAC LEVY repeated, substantially, his evidence given yesterday. Mr. Melville was proceeding with his cross-examination, when Mr. Justice Grantham intimated that, in his opinion, the evidence of this witness with regard to the identification of Dubof and Peters was unreliable, and he did not think it worth while to cross-examine him at the same length as he had been previously cross-examined.
Mr. Melville said that, after that intimation, he would not crossexamine further.
Mr. Justice Grantham added that his remark did not apply to the witness's identification of Vassileva, as there was other evidence in support of that.
Cross-examined by Mr. Stewart. When the men stopped and faced me the woman ran up and also faced me. On having the two pistols pointed at me I am not going to say that I did not feel a little bit out of the ordinary, but I was not to mad that I did not know what I was doing. Prior to my picking out Vassileva on February 8 I had read some descriptions in the newspapers.
BENJAMIN BIGGAR , house surgeon, St. Bartholomew's Hospital. In the early morning of December 17 I saw Sergeant Bentley. He died from the two bullet wounds, one in the front of the right shoulder joint and the other on the right side of the neck. I extracted these bullets (Exhibits 122 and 123). Exhibit 122 was found in the back near the spine; it had gone through the body. Exhibit 123 was just under the skin behind the neck. Their direction was from right to left, not down; the man must have been firing from straight opposite.
EDWARD HOLMES RAINLEY . On December 16 I was house surgeon at the London Hospital. Police-constable Choate was brought in on that day with six bullet wounds altogether; he was dead; I found these bullets and portions of bullets in the body. (Exhibits 124, 125, 126, 127, and 128.) On the same night Sergeant Tucker was brought in dead, shot through the heart and stomach. I extracted these two bullets. (Exhibits 129 and 130.)
accompanied them to 59, Grove Street, where lying on a bed in the front room on the first floor I saw Gardstein. I found a bullet lodging in the front of his chest; the entrance wound was at the back. I did what I could for him and went away. I returned at about 11 a.m., when I found him dead. On the next day I made a post-mortem examination. On the first finger of his right hand there was an abrasion, which might have been caused by shooting with a revolver. I extracted this bullet (Exhibit 75.)
To Mr. Stewart. One of the women had a hat and the other a shawl. I cannot remember what the hat was like. They were both middle height and one of them was of a somewhat slim build. I cannot say the colour of their eyes. I do not think either of them was wearing a dark blue three-quarter jacket. One of them had a pleasant face; I was an hour with her altogether. I subsequently identified Trassjonsky. (To the jury.) I should think a man wounded as this man was would be able to hold up his head for about half a minute after he was wounded.
Re-examined. When I subsequently saw Milstein I thought she might be the other woman who accompanied Trassjonsky. These are photographs of them. (Exhibits 142 and 143.)
HARRY BENNING . In November and December last I was manager to Messrs. Millard, of Houndsditch. Nos. 9, 10, and 11, Exchange Buildings belonged to them and I looked after them. From November 21 to the beginning of December a man named Silsteanu was the occupier of No. 10. I have not the rent book with me. About the third week in November No. 9 was vacant. A man giving the name of Levi came about it; he was dark, clean shaven, had thick lips, a slight turned-up nose, and his face was slightly pimpled. I took him to be a Russian. He was given over to Norris to be shown over the premises. He agreed to take them at a rental of 10s. a week; he paid on November 21. Just about that time No. 11 became vacant and it was offered to Levi. Norris showed him over and he became the tenant on November 30. On December 12 he came and paid a second amount for rent. I never saw him again after that. On December 5 a man of about 5 ft. 10 in. and fair, wearing a trilby hat and a dark overcoat came about No. 9, which was then vacant. I should take him to be a Russian. Norris showed him over. He agreed to take it at 12s. a week and paid a deposit of 5s. On December 12 a man named Goldstein paid the rent; he was a short, dark man with a dark moustache. Exhibit 3 is a photo of the man (Gardstein). He was not the man who had taken the premises; he said he called on behalf of his friend. I never went to Nos. 9 and 11 from November 20 to December 16.
To Mr. Melville. Norris might possibly have been longer with the man who called on December 5 than I was. If Norris says that he was dark and about 5 ft. 6 in. in height with a sallow complexion I should say he was wrong.
To Mr. Stewart. The man who took No. 11 wanted it papered and the man who took No. 9 made no such requirement. No. 9 was in a better condition than No. 11.
Exchange Buildings. He was a foreigner. Later on I showed him over No. 11, which he took. Subsequently I showed a man over No. 9. He did not take it. I took him to No. 10 and showed him over that. I am not well to-day. It was the second man who took No. 9. After the time I showed him over there was no furniture there; the shutters were always up. On December 13 a man and boy brought a box, which they took in there; they opened the door with a key. After No. 11 was taken I saw a woman there. I should recognise her if I saw her. I do not see her here.
To Mr. Melville. The man whom Mr. Benning asked me to show over No. 9 at the end of November was dark and he had a sallow complexion.
To Mr. Stewart. I never had an opportunity to see what furniture was put into No. 11. I never saw a woman go into No. 9. (To the Court.) The man who took No. 11 was named Levi; he was clean shaven; had a sallow complexion with pimples. I never saw the tenant of No. 9 in the place at all.
ENRICO MALATESTA , engineer, 112, High Street, Islington. I have a workshop at 15, Duncan Terrace, where 1 keep various kinds of tools and a furnace. This photograph (Exhibit 3) is of a man who worked there. I did not know his name; I know now that he was Gardstein; I called him "The Russian," as he came from Russia. I first saw him about fifteen months ago; I met him in a club in Jubilee Street; it was a working men's club—an Anarchist club. He asked me if I could give him the use of my tools because he had an invention to develop. He used to turn and file pieces of metal, but I did not see him often as I was not working in the workshop much then. I did not pay him anything nor he me. He could only speak a few words of English or French, so we talked very little. I used to leave the key with my landlord to give him. Some time before December 16 I had the idea of brazing metals by means of oxygen. I may have had a few words with Gardstein about it. For the purpose of my experiments I bought a cylinder of oxygen, a pressure gauge, a spanner, an adaptor, and a pair of goggles from Messrs. Broadhurst. I bought at first a 6 ft. cylinder and afterwards a 40 ft. cylinder. On December 14 a man came and asked me where he could buy a cylinder of oxygen as he had a dynamite shock to make. I agreed to sell him all the things I had bought for £5. I wrote to Broadhurst's, asking them to fetch the 40 ft. cylinder and fill it with oxygen, which they did. This man paid me £1 and the man who fetched (about 4 p.m. on December 16) the things paid me the balance, £4. I think Gardstein was there on the morning of that day. I have since identified the things that I sold.
EDWARD JOHN CRAIGIE , secretary, British Asbestos Company, 132, Commercial Street. Amongst the goods with which we deal are slabs of asbestos which can be used as fire-proof partitions to shield a person from intense heat. On December 10 a man called, I should say he was a Russian. He did not know exactly what he wanted. I eventually sold him these two sheets of asbestos (Exhibits 5a and 5b),
for which he paid me 9s. 6d. On December 23 I was at Bishopsgate Police Station where I saw some men, amongst whom I saw Peters; he reminded me very much of the man who came in.
To Mr. Melville. It was about 12.45 p.m. when he called. I described him as "a Russian; about 5 ft. 6 in. or a little over; sallow; somewhat dark; sandy coloured moustache; about 26; high cheek bones; pimples on the face." I will not swear positively it was Peters.
THOMAS JONES , case maker, Bethnal Green. On December 10 foreigner asked me to make a box and I made this one (Exhibit 6), and it will just take this cylinder (Exhibit 10). I do not positively recognise Exhibit 3 as his photograph, but it is very like him. He paid me 2s. 9d. for the case.
[It was arranged that the jury should be taken to the neighbourhood of Exchange Buildings. The jury went there several times in the course of the case.]
(Wednesday, May 3.)
GEORGE SMITH . On the night of December 16 I was employed flushing gullies in Cobb Street. It was a very windy night; I heard sounds as if boards were being blown down. About 11.40 I saw four men, foreigners, coming from the direction of Arrow Alley; one was being helped along by two of the others. Walking very fast they turned into Short Street, and then into Wentworth Street. Exhibit 3 is a photo of the man I saw being helped along.
To Mr. Stewart. It was five or ten minutes after I heard the sounds that I saw the men; I saw no woman.
JOHN RICHARDSON , a man who was working on the roadway in Wentworth Street, said that about 11.40 he saw four men going sharply up Goulston Street, one of whom he thought was drunk; they had their backs to witness.
Superintendent JOHN OTTAWAY, Detective Department, City Police-About midnight on December 16, having heard of these occurrences, I went to Exchange Buildings; the wounded officers had been removed, but the place was surrounded with police. I went into No. 11; in the ground floor room the gas was alight, a fire was burning brightly, and on the table were some eatables, as if some persons had been eating there; there were an armchair and three ordinary chairs and a couch in that room. In the first-floor room there were a bed with bedding, a table and a chair; the second-floor room was quite empty. In a cupboard under the stairs I found the two bottles (Exhibits 104a and 104b). I went into No. 10; the house was quite empty; in the yard was a kind of stall board, like the top of a coster's barrow. The separating wall between 9, 10, and 11 was about seven feet high; on the top of the wall there were signs of persons having clambered over from 11 to 10, and from 10 to 9; the stall board would assist in that purpose. I went into No. 9; there was no furniture in it. On the street door there were two locks, one new and
one old. In the front room was a coil of 63 feet of india rubber piping (Exhibit 4); this tubing was just sufficient to go from the gas bracket in the room at No. 9 to the safe in Harris's back room. I also found four sheets of asbestos fibrous plaster (Exhibits 5a and 5b); two boxes (6 and 8); a carpenter's bit (7); a bag of sand, and some mortar recently mixed; a 40-feet gas cylinder (10). In the closet at the back of No. 9 there was on the seat some brown paper spread on which was a quantity of brick rubbish and some tools, drills, crowbars, etc. Against the seat of the closet there was a large opening in the brickwork of the dividing wall between the yard and the back of Harris's shop. I found later that the new lock on the door of No. 9 (Exhibit 39) could be opened from the outside; Exhibit 38, the key of that lock, was found on the body of Gardstein. I afterwards went to 59, Grove Street; there were there some chairs similar to those found at 11, Exchange Buildings.
To Mr. MELVILLE. None of the exhibits I have mentioned were found on the persons or in the homes of Peters or Dubof. They are indicted together with Gardstein, Fritz, Josef, Hotfman, Levi, and others. Gardstein was found shot at 59, Grove Street; Fritz lived at that place with Millstein; Peter the Painter had a room there. The bodies of Fritz and Josef were found burnt at 100, Sidney Street, on January 3. Since December 16, Peter the Painter has never been seen. 36, Lindley Street was the lodging of Hoffman. I know that Marx went to 59, Grove Street on the night of December 16; he has not been found; we think he is abroad; we never discovered where he had been living. No firearms or ammunition of any sort have been found in the possession of Dubof or Peters. About the 19th or 20th of December an official description was circulated of Dubof. We found him at his lodgings on the 22nd. Marx was a Russian. The photograph produced (Exhibit 144) has been identified as of him. Dubof was traced to 22, Galloway Road, Shepherd's Bush, by his name and address being found at 59, Grove Street, also by a picture found there signed "Zurka," dated" 15th December, 1910." (Exhibit 55.)
To Mr. Stewart. I understand that Josef used to visit 11, Exchange Buildings. The furniture in the rooms at 11, Exchange Buildings was such as is characteristic of any poor tenement. In order for anybody to obtain access by the back from No. 9, to 11, Exchange Buildings, or vice versa, it would be necessary for him or her to climb first of all over the seven-feet retaining wall; in the yard of No. 9 there is also a cistern, but there is sufficient room for a person to pass between the wall and the cistern. When I gave eidence before the Coroner on February 3, I said that no finger prints of any value to the police had been found. The bottles produced to-day had then been found, but the marks had not then been identified as finger prints. We have made the fullest inquiries as to Vassileva; she has never been in trouble in England before. She came to England about four years ago, then being about 19 years old. I know that about that time there was a large incursion to this country of Russian Jews; I do not know anything about political or racial
persecutions in Russia; no doubt the immigrants are of the respectable class as well as otherwise. Vassileva earned her living for some time as a cigarette maker in a tobacconist's establishment in Commercial Road, and other establishments. I do not know that she is the daughter of a chef who earns his livelihood in the Palace at St. Petersburg. I do not know what wages she earned; I suppose she was just a poor girl without superfluous goods. I was not aware that she had been the mistress of a man.
CHARLES COLLINS , Chief Inspector of the Finger Print Department, New Scotland Yard. I have had 10 years experience in finger-print work, and have had hundreds of thousands of finger-print impressions; I have never met a case in which the finger impressions of two different persons have corresponded. On December 17 I received the two bottles (Exhibits 104a and 104b) and took photographs of finger-print marks upon them. On February 15 I took finger impressions of Vassileva. I produce enlarged portraits of these, which enables me to say that the marks on the bottles correspond with the impressions of Vassileva's finger prints.
Police-constable JOHN GRIMES deposed to finding at 11, Exchange Buildings on the night of December 16 a blowpipe, a pressure gauge, a screwdriver, a file, clothes brush (Exhibit 23), a right-hand glove (Exhibit 24), an electrical pocket lamp, some wax candles, a paint brush and some knives and forks and spoons.
LIZZIE KATZ , wife of Mark Katz, 59, Grove Street. In the first week of November two men called upon me and I agreed to let them the front and back rooms on the first floor. One man was named Fritz, the other gave no name; Fritz occupied the back room, the other man the front. I gave to Fritz a door key (Exhibit 113). A woman called Luba Millstein lived with Fritz in the back room. They continued to live there till December 16, after which I did not see the two men again. I did not know anything of what had happened at my house until the police came the next morning. I was then shown a man's dead body. I had seen that man once or twice before going up stairs to see my lodgers. Dubof and Rosen also visited there. Dubof, I think, came to see Fritz; it was a long time before December 16 that he came. I saw Rosen there about a fortnight before December 16. A woman called Trassjonsky used also to come.
To Mr. Bryan. Other people called besides Dubof and Rosen, among them Gardstein and Hoffman.
Detective-inspector ERNEST THOMPSON . Trassjonsky was detained by the police on December 17; Millstein on the 18th. On the morning of the 17th I went to 59, Grove Street, and found the dead body of Gardstein. Sergeant Richardson examined the man's clothing; on it were found 30 cartridges (Exhibit 37), a key of the new lock to 9, Exchange Buildings (Exhibit 38), and a drill; there was an overcoat on the bed with a bullet hole through it; in one of the pockets were seven cartridges in a carrier; under the pillow was a Dreise pistol; two left-hand gloves, a pair of gas pliers, a door key of 59, Grove Street. We also found another magazine with six cartridges in it,
another with seven cartridges unexploded. On the table was a cloth cap and in it 13 loose cartridges and some rifle bullets, a card-board box with 50 cartridges for a Mauser pistol, a cartridge belt, a dagger, a violin, a tambourine, a mandoline, a water-colour drawing signed "Zurka 15/12/10" (Exhibit 55), a piece of paper (Exhibit 56) containing the name of "Y. Dubof, 20, Galloway Road, Shepherd's Bush." In the front room were two upholstered chairs, en suite with those found at 11, Exchange Buildings. In the back room I found Trassjonsky burning papers at the grate, including some photographs, one of Luba Millstein. I afterwards went to Trassjonsky's room at 10, Settle Street, and there found a pawnbroker's contract (Exhibit 120). On December 22 I saw Dubof write something (Exhibit 121); the writing on Exhibit 120 is the same as that on Exhibit 121. The watch is pawned in the name of Charles Somerfold, 40, Gould Street. At 59, Grove Street, I found in the front room a greenish bag (Exhibit 94).
To Mr. Melville. The violin, tambourine, and mandoline I found in the front room; that was the room occupied by Peter the Painter; in the same room I found the picture (Exhibit 55) and Exhibit 56. I got to 59, Grove Street, just after 1 p.m. on the 17th; the burglarious exhibits were all found in the front room; the room seemed in a state of disturbance, with things scattered about. When I asked Dubof for a specimen of his writing he made no objection to writing Exhibit 121. I have not before been called to give evidence as to similarity of handwriting; I was asked to make the comparison here because Exhibit 121 was written by Dubof in my presence. I have had no opportunity of seeing the writing of Peter the Painter, or Fritz, or Marx, or Gardstein.
ERNEST GOODWIN , of Ely Brothers, Edmonton. I have had considerable experience in examining different kinds of pistols. Exhibits 63 and 66 are Mauser auto-pistols of 301 calibre; they are of German make. The barrels are rifled with four lands. These bullets, Exhibit 31, 32, 84, 86, 126, 127, and 131 have been fired from them. Exhibit 115 is a Browning automatic Belgian pistol rifled with five lands, the calibre being 7.65 millmetres. Exhibit 75 has been fired from it. Exhibits 122, 123, 124, 125, 129, and 130 are bullets which could have been fired from Exhibit 2 which is a Dreise magazine pistol rifled with four lands. This box (Exhibit 50) contains cartridges which are suitable for Exhibit 63 and 66. Exhibit 77 is another Browning automatic Belgian pistol rifled with six lands. I have seen no bullets that could be fired from such a pistol. The bullets carry over 1,000 yards. Brownings and Dreises are dangerous up to about 550 fyards.
GEORGE LILYCROP RICHARDSON , 8, Hopwood Street, Shepherd's Bush. Last year I was in the employ of a rubber company in Chis-wick. One day last October I was looking in a shop in Uxbridge Road when Dubof came out and knocked into me. I had not seen him before as far as I know. He turned round and apologised, saying, "Accident, accident." I believe he was reading a paper or a
letter. I saw him on several occasions afterwards in the neighbourhood. In the middle of November I went into the employ of Mr. De Yong, a wholesale warehouseman, and I lived at his private house with my wife; he occupied 156, Houndsditch and also No. 16. No. 156 is on the left-hand side coming down from Bishopsgate. I first lived at No. 16 and then at No. 156. I had to open the premises at No. 16 and lock them up again. I would then go to help at No. 156, where my employer then came to live as well. My wife used to get the keys of No. 16 from Mr. De Yong and at night time I would return them to him. On the night of November 30, I think it was, he was away at a police boxing competition, and I was unable to get the keys from him to lock up No. 16, and I had to wait there; George Crooks was with me. I heard the clock strike 12 and I went out to see if I could see my employer. As I was at the door a man whom I know now to be Gardstein, said, "Good night." I said, "It's a fine night, too." He thereupon came back and inquired what was the matter with the night. I replied that it was morning. We had some chaffing talk and we began talking about the jewellery line. He asked me what sort of business Myers, who was a few doors down, had, and the conversation came round to Harris's shop. He said Harris was the best jeweller in Houndsditch. I said I did not know Harris's. He said he believed he lived on the premises; I said I did not know and that he had better go and ask him. He then went away. I had seen him twice before. The first time was a few days before this. He was just by Stoney Lane with Vassileva and Peter the Painter; it was between one and two p.m. I did not know their names at the time. The second time I saw Gardstein before November 30 was midday in Houndsditch with Peter the Painter and Trassjonsky. I subsequently identified Gardstein's body. About 12.30 p.m. on December 12 I saw Gardstein with Peters, Dubof, Federof, and a tall man in "The Three Nuns "Public-house. Gardstein nodded to me. I saw him subsequently coming from Gardiner's Corner, Commercial Road. In the course of my duties I generally go out between 8.10 and 8.20 a.m. to shop with Mrs. De Yong; I used sometimes to go through Cutler Street. In about the middle of the first week in December I was going out in this way when I saw Rosen and Dubof coming out of Exchange Buildings; Rosen was carrying a green canvas bag and I believe Dubof a brown bag. Exhibit 94 is similar to the green canvas bag. Vassileva, who was at the corner of Exchange Buildings, appeared to be seeing the men down the street; they were in front going towards Houndsditch. I was going the opposite way. I had never seen Rosen before this day. The next time I saw him was in that same week; I was standing in Middlesex Street and he passed me. You can get there by going down Cutler Street. He was alone and was carrying two bags, one of which was the green canvas bag I had seen on the first occasion, and the other bag was similar to the one I had seen Dubof carrying. I saw him the next day in Stoney Lane carrying, I believe, the same canvas bag. In the early part of February I identified him at the Bishopsgate Police
Station. A few days after I had seen Dubof with Rosen and Vassileva at Exchange Buildings, I saw him with Federof and Peters, I believe, by Aldgate Church. On the first Sunday in December, I think it was, I saw Vassileva with Trassjonsky turn down Stoney Lane; I know it was after November 30. The first time I saw her she was wearing a three-quarter blue coat, similar to Exhibit 92, and I believe a white blouse; her hair seemed to be dark brown—darker than it is now. I identified Peters and Dubof. I pointed out Vassileva in Buross Street.
To Mr. Melville. It is true thai I said in my evidence on February 14 that Dubof when he ran into me was "clean shaven then as he is now"; I (believe his face is similar now to what it was then. I am absolutely positive that the man who ran into me was the same man I saw later. It was some time about or before the middle of October when he ran into me. I was still in the employ of the rubber company. On about October 18 or 19 I moved from Hopwood Street to Maida Vale; I had then left the rubber company. No. 16 and 156 are both wholesale houses; but Mr. De Yong lives on the premises. About 30 men are employed at No. 16. I identified Federof, who was eventually discharged. I saw him, I believe on two occasions. The second occasion I saw Dubof was not December 12; it was about December 12. The third occasion I saw him was in "The Three Nuns"; I have only seen him on three occasions. It was in the early part of the evening that I saw Dubof with Peters and Federof outside Aldgate Church; it may have been between 10 and 12 p.m. I remember now it was late in the evening. I cannot say the date when I identified Dubof, Peters, and Federof; I identified them all on the same occasion; it may have been December 23. I should say most of the people from whom I picked them, 16 or 17 in number, were foreigners; there were not many Englishmen. Mr. De Yong discharged me because he said I was not suited for the situation.
To Mr. Bryan. I cannot fix the first time I saw Rosen nearer than it was at the beginning of December; it was about December 12. As far as I saw he was wearing dark clothes and a dark cap. It was the first time I had seen him and I identified him two months later. I do not say that I could identify all the people I saw that morning; but I had cause to remember him; you do not see many people like him walking about London. When I saw him the next day it was about the same time in the morning. He was still wearing a cap; I do not think he had a bowler hat. I may have seen the photographs of Fritz and Rosen; I have seen 150 photographs. It was a police-inspector who first came and asked me to identify Rosen. He may have shown me a photograph and asked me whether I recognised it. When Inspector Newell was giving evidence on February 15 I was sitting by someone, but I do not know who it was; I do not remember asking Mrs. Goodman if she had ever seen a photograph of Rosen, nor saying that I had done so. I know Mrs. Rosen by sight. She may have been sitting the other side of me.
To Mr. Stewart: I saw a good many photographs before I went to Buross Street, and identified Vassileva. I think this is the first time I have seen this photograph of Millstein, which is handed to me. I have identified Trassjonsky, but not Millstein. I left the Rubber Company without notice after being there about six weeks; no notice was necessary. I can state the reason if desired. I was then for three or four weeks out of employment. I was again out of employment at the end of January. I have never spoken to Vassileva. If a number of witnesses come forward to say that Dubof was working miles away at the time I saw him, I still say I am not mistaken. I first gave a description of Vassileva, on December 17; I described her as being 28 or 30 years of age; I have not heard that she is only 23. I said she was well built. It was on the second occasion when I saw her that she was wearing a shawl over her head; I passed right close to her. The shawl was over her ears. When she turned round I saw her hair; the shawl went a bit back. I do not know if I have said before that the shawl went a bit back. Crooks and Solly Abrahams were with me the first time I saw her; they were fellowemployes. I believe on the two other occasions I saw her she was wearing a black felt hat; it may have been velvet; I think it was a kind of miniature "merry widow" hat. I know what a toque is; it was not a toque. It was trimmed with some black material. I do not say that it was one of those immense "merry widow" hats; it was medium size. The police came to me from time to time between December 17 and February 14 and asked questions. (To the Jury). I was shown photographs before I went to identify scertain people.
(Thursday, May 4.)
GEORGE L. RICHARDSON (recalled). Cross-examination continued by Mr. Stewart. In nine cases out of ten I could remember a man who jostled me in the street. Dubof carried the green bag on one occasion and Rosen on the other. On the occasions when I saw Vassileva she was with men, one of whom was believed to be Peter the Painter. The picture (Exhibit 146) is that of the man I saw walking on two occasions with Vassileva.
Re-examined. Before I picked out Rosen, Dubof, Peters, and Vassileva, I had never seen photographs of them. After Dubof jostled me I saw him many times in Shepherd's Bush. On the occasion when I saw Vassileva wearing a blue three-quarter coat she had a black hat on with velvet round the rim.
Detective-inspector JOHN WILLIS , City Police. On December 27 I went to 44, Gould Street (Gardstein's lodgings) and saw Mr. and Mrs. Kempler there who pointed out Gardstein's room; the back room on the ground floor. I found in that room a six-grooved Browning pistol (Exhibit 77); about 150 loose Mauser cartridges; a bullet (Exhibit 78); and another 150 Mauser cartridges. I found a number of rifle cartridges similar to those found at Sidney Street. A dagger (Exhibit 79); a butt for a Mauser pistol (Exhibit 80); and a quantity
of documents. I had control of the identification. Dubof, Peters, and Rosen said they had no complaint to make with regard to the identification. On the occasion of Vassileva's identification the same procedure was adopted, and on one occasion one of the witnesses picked out another women standing by the side of Vassileva as being the woman he had seen in Exchange Buildings.
To Mr. Melville. I am not able to say definitely that an official description of the men wanted was published on the Monday after the murder; the descriptions published were those of young men, Russians. I had nothing to do with it. We had two different solicitors and a representative of the Russian Consulate on more than one occasion at the identification, and they expressed great satisfaction with the fairness of it. The prisoners were not put in a room where people would have an opportunity of looking through the windows at them. Peters and Dubof were told that they were to be identified on a charge of murder. It is usual for police officers in charge of the case to stand in the room when identification is being carried out.
To Mr. Bryan. I do not know whether any of the persons who identified Rosen had previously seen a photograph of him.
Cross-examined by Mr. Stewart. The procedure adopted in the case of the identification of Vassileva was exactly the same as in the other cases. Richardson was taken to Buross Street, where Vassileva lived, to identify her. I had not heard of Peter the Painter before December 16. His description was circulated shortly after.
Superintendent JOHN OTTAWAY (recalled) further examined. At the time Dubof and Peters were, arrested, and when they were identified by the witnesses, I was not in possession of any photographs of them; it was not until they had been before the Alderman and identified. At the time Vassileva was arrested and charged I had no portrait of her. I had Rosen's portrait at the time of his arrest; I gave it to Inspector Newell. I have it now.
To Mr. Bryan. The police did not have a photograph of Fritz. I have a description of Fritz which is a fairly good description of Rosen.
To Mr. Stewart. Prior to December 16 the City Police had no information with regard to Peter the Painter. His clothes are detailed in his description.
GEORGE FREDERICK CROOKS , warehouseman, 12, Trident Street, Rotherhithe. I was in De Yang's employ for five years at 16, Houndsditch. Mr. De Yong went to a City Police boxing competition on November 30; I waited with George Richardson for the keys; he was at the door and I was about 12 yards away. Someone came and spoke to him; then walked on a couple of steps and came back; he asked him about the warehouse and what wages he got a week. They had some conversation about jewellery. The stranger asked who was the richest jewellers in Houndsditch—if Myers was Richardson said, "Oh, no, they are only tuppenny ha'penny jewellers"; the man coitinued, "Harris's must be the richest jewellers, then?" Richardson said, "Oh, they are high-class jewellers"; the man said, "Did Mr. Harris live on the premises?"
Richardson said, "You had better go and find out if you want to know." The man went away within two or three minutes after that. In December I went to the City Mortuary and saw the dead body of the man who had spoken to Richardson. Exhibit 3 is a photograph of the man I saw. I saw him two or three nights afterwards with other people in "The Three Nuns," Aldgate; afterwards in Houndsditch with Peter the Painter and Vassileva about midday. I next saw Vassileva at Bishopsgate Police Station with other people when I went there for the purpose of identification.
To Mr. Stewart. I identified Vassileva about a fortnight after I had seen her in the street with the man. I met Richardson and Abrahams in dinner times and tea times. Peter the Painter was a superior looking man. I have seen the portraits of Peter the Painter, which were circulated broadcast in London; after December 16 his name was known all over the East End of London.
ABRAHAM SMOLINSKY , Hebrew teacher, 35, Newcastle Place, Aid-gate. On August 29, 1910, I had a lodger of the name of Tracom-chik; he left on October 21. Luba Millstein stopped with him. Trassjonsky used to come with "Peter." Gardstein, Federof, and Rosen used to visit him. Tracomchik once said, "Rosen is my brother." Mrs. Goodman lived on the second floor.
To Mr. Bryan. Tracomchik was Fritz; he had a large circle of acquaintances, amongst whom were Federof, Luba Millstein, and Hoffman. Rosen resembled Fritz. Fritz played the mandoline. I do not know whether Tracomchik and Rosen used to play together.
ESTHER GOODMAN , wife of Mr. Joseph Goodman, 35, Newcastle Place, Aldgate. I live on the second floor and was there all last year. On the floor below a man named Tracomchik came to live, and was afterwards joined by Luba Millstein. The man in Exhibit 3 (Gardstein) came very frequently, letting himself in with a key, or sometimes knocking. Trassjonsky used to come there, also Rosen and Dubof. There was not much furniture in the room. In January I went to 11, Exchange Buildings, and afterwards to 50, Grove Street, and recognised the things there as having been at 35, Newcastle Place. To Mr. Melville. I think Fritz and Luba Millstein left Newcastle Place before the end of October. I said at the police court I had seen Dubof call at the house more than once, but I have never seen Peters. Trassjonsky, Hoffman, and Federof also called.
To Mr. Bryan. Rosen occasionally visited Fritz. A man named Richardson did not show me a photograph of Rosen when I was at the Guildhall Police Court.
MRS. POLLY KEMPLER , 44, Gould Street, Stepney. Exhibit 3 is a photo of a lodger I had at 44, Gould Street, named P. Morrin. He had a key of the street door (Exhibit 112). I last saw him on the morning of December 16.
To Mr. Stewart. I did not know his name was Gardstein, only P. Morrin.
Detective-sergeant GEORGE WESTON, H. Division; RICHARD GANDER, fireman; ALFRED HENRY COLEMAN, fireman; and Police-constable.
BETSY GERSHON . I used to live at 100, Sidney Street. My husband is a Russian and has been there two years. On the evening of January 1 Josef and Fritz called on me. On the 2nd they came and stopped the night.
To Mr. Stewart. Some people in Russia carry firearms. I did not know Peter the Painter. I did not know that Josef and Fritz were going to stay the night of January 2.
SOLOMON ABRAHAMS , 12, Exchange Buildings. Last year I was in the employ of Mr. De Yong learning to be a salesman. I there knew Richardson and Crooks. I rememnber Nos. 9, 10, and 11, Exchange Buildings being empty. No. 9 was occupied first for about two weeks; then No. 10; I do not know who lived there; then No. 11. No. 9 became empty five or six weeks before December 16. No. 10 was taken by three men, but became empty after No. 11 had been taken a week, about three weeks before December 16. I used to see a man I now know to be Gardstein about 8.15 of a morning as I was going to work. I met him the week of the 16th up to the Wednesday I saw some furniture being taken into No. 11 by a man while Gardstein stood in the doorway—some chairs, a looking-glass, and a couch. One day, while playing ball, it knocked at the door of No. 11, which was opened by Trassjonsky, but I never saw her again there or any other woman. I saw Dubof and Rosen go to No. 11 About a week before No. 11 was occupied I saw Dubof walking up and down the street noticing the houses. I next saw him at three o'clock in the afternoon on the Sunday before the 16th. I saw Rosen with Gardstein the day the furniture was moved in and I have seen Rosen going to No. 11 by himself. I have seen Dubof, Vassileva, Gardstein, Trassjonsky, and Peter the Painter in Houndsditch. I have been with George Richardson and Crooks when I have seen them. The last time I saw anybody going in or coming out of No. 11 was on the Wednesday before the 16th, when I met Gardstein, who spoke to me. I was at home on the 16th after nine o'clock and heard the shots. I went the next day to 59, Grove Street and saw the man's dead body and on the ground floor Trassjonsky.
To Mr. Stewart. I have not said I saw Vassileva with Dubof. Gardstein was a rough kind of man; Peter the Painter smart looking. I have seen Trassjonsky, Gardstein, and Peter the Painter together. I have seen Vassileva with Gardstein and another man I did not properly catch sight of. I have not seen Vassileva in Cutler Street or Exchange Buildings, but in Houndsditch. I have seen Rosen with Peter the Painter. I have never seen any woman going in or coming out of No. 9. There is an incandescent light between No. 11 and No. 12.
To Mr. Melville. I first saw Dubof walking up and down Exchange Buildings about a week before No. 11 was occupied. I could not say what time in the day. I saw him on a Sunday and on a week-day; the first occasion was a week-day. I did not say at the police court, "I am not sure whether it was a Sunday." I said, "I am not sure what
time it was." The third time I saw the man was in Houndsditch before the Sunday. At the time I saw Dubof in Houndsditch I was employed at De Yong's. I do not recollect the date I left there; I cannot remember dates; I do not say it was the 9th. I left De Yong's about a week before the murders and worked at a barber's shop from the Tuesday to the Friday.
To Mr. Bryan. I saw Rosen on two occasions before I identified him, going into Exchange Buildings once by himself and once with Gardstein; on the second occasion he was alone. The man I saw with Gardstein and Vassileva was not Rosen, but someone who resembles him. I first saw Rosen with Gardstein and then with Vassileva. It was two months later when I identified Rosen. I have seen photographs of Peter the Painter and Gardstein, but not of Rosen or the other prisoners. Inspector McLean took me to the station to identify Rosen; he did not show me a photograph of him. I made a mistake at the police court with regard to the second occasion of seeing Rosen. I only saw him twice before identifying him two months later; he was wearing a dark suit and a cap. I cannot remember the dates. The first time I saw him with Gardstein was about 8.15 in the morning.
(Thursday, May 4.)
BESSIE JACOBS , 5, Exchange Buildings, E. I was living at my pre-sent address in last December. No. 11 is on the opposite side. For about two weeks before December 16 I noticed Vassileva between 11 and 12 a.m. taking down the shutters there; I cannot remember when I last saw her before the 16th. I did not see her at all on that day. I also saw at No. 11 a clean-shaven man; Exhibit 3 is not his photo-graph; it is the photograph of a man I saw about two weeks before the 16th doing something to the lock of No. 9. He said to me, "Good morning, Baby." I did not afterwards recognise or see any picture of the clean-shayen man. I cannot say whether Vassileva was there when I saw him. Some weeks after the 16th I identified Vassileva at the police station.
To Mr. Stewart. I do not know whether the "Merry Widow" hat is not the kind of hat best calculated to display the hair. I do not know Trassjonsky. I know Solomon Abrahams; I see him in the mornings sometimes. When I was first taken to the station I failed to recognise anyone; I was taken to recognise a man, not a woman. I picked out Vassileva from 15 or 20 people. She looked ill. I do not know whether any of the others looked ill; I did not look at them. The last time I saw her was three or four days before the 16th. I saw her nearly every morning before then, and then I did not see her at all for three or four days before the 16th, although I was there as usual. I daresay a person on the first floor on my house looking down could see through the space above the windows of No. 11.
8.15 a.m. till about 5 p.m. On December 23, at Bishopsgate police station I picked out Peters and Federof from among 20 men. On December 14 I saw them outside No. 2, Exchange Buildings. Federof went across the road to No. 9, leaving Peters standing outside No. 2. Peters walked up and down and then went across to No. 9 and waited. Federof then came out and they waited. A man named Levi then came out of No. 11 and went to the top of the street. They followed him. This was the last time I saw them, but I had seen them together many times before when I have been at my business at No. 1. I used to see Peters about 2 p.m. It was mostly about 9 a.m. that I saw them together. I have seen Peters on three or four occasions. One went into No. 2 and one went across the road to No. 9. I have seen Peters on his own once, when he went into No. 11. On February 8 at Bishopsgate Police Station I recognised Vassileva as the woman I had seen at No. 11 taking down and putting up shutters. I did not see furniture being moved into No. 11. The day after it became occupied she asked me to clean the windows of No. 11, and I refused; this was about three weeks before the 16th. I saw her for the last time on the 15th. I have seen Rosen at No. 11 about three times. On one of the occasions he was with Vassileva when she asked me to clean the windows and on another occasion I saw him going out of No. 11 in the afternoon with two bags, one of which was similar to Exhibit 94. Vassileva's hair was dark then. (To the Court.) I saw Federof take a handle out of his pocket with which he opened the door of No. 9, while Peters was standing opposite. Whenever Federof went in No. 9 he did that.
To Mr. Melville. I identified Federof, but he was afterwards discharged. I saw him and Peters about two days after they moved into No. 9. I generally saw Peters on week days, some time after breakfast. I could be sure which of the men I saw go into No. 9 on the first occasion I saw them if I had both men here. (Peters stood up.) It was the other one (Federof) that went inside. I saw Federof a lot of times; I always saw him with Peters. The second occasion I saw them Federof walked across the road and went into No. 9 and Peters walked up and down. On all occasions I saw them it was some time after breakfast. There were three or four occasions., It is true I said at the police court that I had seen Federof seven or eight times standing outside No. 2 always in the morning. There is no doubt that every time I saw Peters I also saw Federof.
To Mr. Bryan. The first time I saw Rosen was when he was with Vassileva; it was about three weeks before the 16th, at about 11.30 a.m. I cannot remember how he was dressed. A couple of days afterwards I saw him go into No. 11 in the afternoon. The third time was in the evening; it might have been a day or two after. I do not remember how he was dressed then. I have never seen his photograph. I have also seen Fritz in Exchange Buildings; I cannot say if he resembles Rosen. I have seen Fritz go into No. 11 as well, but not with Rosen.
To Mr. Stewart. From the first floor of our premises you can see into the windows of No. 11. I was never asked by anybody to clean the windows of No. 9. Vassileva showed no desire to escape observation. The man I saw some out of No. 11 was about 5 ft. 9 in., with a sallow complexion, but a clear skin; he was clean-shaven. I should say he had dark eyes. He always wore a light overcoat. I am positive only one man went in No. 9 when I saw Federof and Peters for the first time.
Mr. Stewart was about to put to the witness his depositions to show that the evidence he had given before did not coincide with his present evidence, when Mr. Justice Grantham stated that it was very unusual for counsel to cross-examine on a point which had nothing to do with his own client and which had already been dealt with by counsel for other prisoners.
Mr. Stewart stated that he wished to test the witness's recollection, but that he would not continue further.
Further cross-examined by Mr. Bryan. I do not remember saying at the police court that the third occasion on which I saw Rosen was on the same day as the second occasion; they were not on the same day.
RICHARD COHEN , manager, "Cutler's Arms," Cutler Street. I remember a Mr. Cohen, who used to live at 11, Exchange Buildings. About two weeks before December 16 I saw the newcomers, one of whom was Vassileva. The other was a man; I should not recognise his photograph. I saw Vassileva about twice sweeping from the kitchen into the street. On February 8 I identified her at Bishops-gate Police Station. Her hair was a lot darker when I saw her at No. 11. I was at the public-house on the night of December 16. The pendant lamps outside were alight at 11.30 p.m. Both bars look out in Cutler Street; and a side exit into Exchange Buildings. All the lights would shine into Cutler Street.
ISAAC BENJAMIN , general dealer, 42, Medhurst Road, Bow. From 11 to 4 p.m. on the Monday and Wednesday in the week in which the murders occurred I was standing outside Mr. Isaac's premises, No. 1, Exchange Buildings, selling goods. I noticed on both occasions Rosen standing round me with others; he stood for two or three minutes. I subsequently identified him.
To Mr. Bryan. I saw him only once looking on when I was selling goods; it was on the Monday. I did not notice particularly how he was dressed. I do not think he wore a cap. I did not see him on the Wednesday. I cannot fix the time more definitely when I saw him on the Monday than that it was between 11 and 4. I had never. seen him before. He did not speak to me.
HENRY LEWIS ISAACS , tailor, 2, Tenter Street, Spitalfields. About the middle of last November, about three p.m., I saw the man of whom this is a photograph (Exhibit 3) at the Corner of Berners Street and Commercial Road, with six or seven other persons, two of whom were, Peters and Vassileva; they were standing talking. About 9.15 on a day in the beginning of December I saw Gardstein again with others,
among whom were Peters and Vassileva. Her hair was a little darker then than it is now.
To Mr. Melville. I saw Federof also on both occasions. I said at the police court thai the second occasion was on December 1; that is correct. I cannot quite swear to Peters.
HYAM LYONS , clothes repairer, 4, Stainers Road, Mile End. The course of my business takes me into Exchange Buildings. On February 8 I identified Vassileva as the woman I had seen putting the shutters up at No. 11 a few times. The last time was between three and four p.m. on the Wednesday before December 16.
BENJAMIN ABRAHAMS , son of the licensee of the "Cutler's Arms." On December 23 I identified Dubof and Federof as being two men I had seen in No. 11, Exchange Buildings. I saw Dubof go in and come out several times about a week before the 16th.
To Mr. Melville. I saw Federof go in and out of No. 10 several times; I am certain it was No. 10. I have never seen Dubof go into No. 10. There is a door leading out of the "Cutler's Arms" into Exchange Buildings. I do not think the frosted glass on it comet more than half-way up. I should not like to say that it would no; be impossible for me standing in the oar to look through the door into Exchange Buildings. We should have the door kept shut in December. I could see anybody going into Exchange Buildings, though not anyone in the street. I know I saw Dubof on December 10, but I cannot recollect the time of day; I saw him on several occasions in the week following the 10th, but I do not know the times. It was not from behind the bar that I noticed Federof and Dubof. I may have been walking up and down the street when I saw them. I was not exactly the barman at the "Cutler's Arms.' I always left somebody in charge when I left the bar to go into the street. These murders were the common topic of conversation in the bar after the 16th, but I did not take any part in it as I was too busy.
PHILIP ABRAHAMS . I have lived at 12, Exchange Buildings, 27 years, the longest time of anybody. Most of the tenants are Jews. On December 23 at Bishopsgate Police Station I identified Dubof as the man I had seen at midday on December 11 coming down Exchange Buildings. He spoke to a man who was standing opposite No. 11. They stood for some moments and the door then opened and they went in. I did not see them come out. Dubof was wearing an ordinary brown suit of clothes with rather a stripe. Exhibit 3 is a photograph of the man he spoke to; that is the only time I can swear to having seen him.
To Mr. Melville. When I went to the police station on December 23 I did not know the nationality of the men that were wanted. I read the papers, but I do not think they stated that Russians were wanted; I do not think at that time there was any official description given. Before identifying Dubof I was put in a room with some others. I there saw Isaac Levy, whom I knew. I did not talk with him about the affair. I cannot say if my son was in there as well. Da Costa, whom I know, may have beep. We did not all talk about it together; I do not think they allowed us to speak.
Re-examined. I did not know who was in custody when I got to the police station. I did not see Dubof in any part of the police station on that day before I picked him out.
ISAAC GORDON , paperhanger, 11, Buross Street, E. In April last year Vassileva came and took the back room on the ground floor. She was a cigarette maker and she used to go out about 7.30 or 8 a.m. and return at 8 or 8.30 p.m. She also used to work in the evenings till 12, she said, for customers. Generally on Sundays she stayed indoors, but sometimes she might go out. On Sundays, amongst others, Rosen and Dubof used to come and visit her. I knew Rosen as "The Barber" and Dubof as "Yoorka." Two years ago Dubof worked for me for about a fortnight; he left, and I did not see him again until last summer. When visiting Vassileva Dubof said that he called for cigarettes. I cannot say if he came on any other day but Sunday as I used to go out to work. Rosen started coming a long time ago; he used to come regular; sometimes once a fortnight and sometimes every Sunday. Gardstein has been to the house two or three times. Vassileva's hair was brownish flax; the colour of it now is nearly as it was then. About six or seven weeks before Christmas she left the house saying she was going to a friend named Masha at 40 or 42, Broomhead Street, who was not well. She was away three weeks, but sometimes every day and sometimes once in every two days she used to come back for a blouse or a handkerchief. She returned one Sunday and went away again the following morning, saying she must go as the manager at the place where she worked was ill. She remained away three weeks. She returned on the evening of December 17. I did not know she had come back; I went to drop a penny in the gas meter in her room at about 8.30 p.m. I did not recognise her as her hair was black. She was tearing up papers and throwing them into the fireplace. I said, "What is the matter with you? I did not recognise you." She said, "The guvnor's wife—the missus—is an old woman and she painted her hair, so I also painted mine." My wife passed by into the yard and I called her in and said, "Lena is here." She came into the room and I went out; I did not hear what she said. Before she came in I asked Vassileva why she was burning the papers. She said, "Did not you hear what has taken place? They will come and search everybody. I will give you some other papers to hide, but you should not keep them in your own possession"; I said, "I will take it to my children and they will hide it properly. (Mr. Stewart submitted that evidence as to these papers was inadmissable until it was proposed to be shown that they were connected with the conspiracy. Mr. Justice Grantham held that it was admissible under any circumstances.) My eldest child is 42 years old. At 10 the following morning I knocked at Vassileva's door. She opened it and gave me the parcel. She said she was ill. She shed tears over the photo of Gardstein in the paper. She said, "Do you know what a man he was "; she said he was her lover or her young man. She said, "A friend of Gardstein's unintentionally shot him." I do not remember anything more happening, my wife came into the room and Vassileva handed her three photos, which I added to the
parcel. I then went to my son-in-law and we went to the police station with the parcel. Later that day some police officers came and saw Vassil-eva. I do not remember anyone else besides those officers coming in the evening. On the Monday morning I knocked at her door and went in. She was in bed. She asked me as a favour to go to a doctor who lived at Whitechapel. I asked her what she wanted him for and she told me to ask him to be good enough to come to her. I said, "Why do you want the doctor here! Cannot you go to the doctor's placet" She said that he was a good friend of hers and she wanted to ask him whether he would undertake to say that she was there at his place a few days—several days. I did not go and she went herself. After two or three hours she returned, and said, "There is no more good friends for me"—he had chucked her out. Oh the next day, Tuesday, she packed up a small parcel and called in my wife and said, "I am going to Paris"; this was about 10 a.m. She returned the street door key and said, "What is due to you in respect of money I will send you on and the rest of the articles that remain here I will leave to you." She left taking the parcel with her. She returned at bout 9 p.m. I asked her why she had come back, and she said, "It is very unpleasant. I am watched every footstep. I cannot leave this country; I must remain here." She remained with me till she was arrested. At first she did not go out and at night time she kept always washing her head with spirit vinegar soda. She used to go out mostly in the evening. On one occasion I came into the room she burnt a blouse and a hat. The hat was already burnt with paraffin when I came in; I do not know if it was black or red. This was on a Wednesday; the next time I see her burning was on Saturday, when she was burning the blue stuff of a skirt. When she came back on the Tuesday evening after she had left saying she was going to Paris I do not remember exactly what was said, but something was spoken, and I said, "However, the Almighty will make we will have to take for good," and she said, "Oh, don't speak about the Almighty." She said, "If I get two weeks here it would not be so bad, but if I am sent back to Russia I will get hanged."For three weeks after burning the skirt she did not go out at all; afterwards she started going out for a little while and coming back again; and in the evenings she used to go out and come in; up to the time she was arrested she always slept in the house. I remember now she was away the week before she was arrested. She left saying she was going to a good friend. She returned on the day of her arrest, Tuesday. I had no opportunity to talk to her. When she returned on the night of the shooting affray she told us everything where she was; she said she was down there but she was not at the shooting; she left that place at five o'clock.
To Mr. Melville. I said at the police court that Dubof had been to see Vassileva about four times. I saw him for the last time last summer.
On Mr. Bodkin inquiring, counsel for the prisoners stated that they did not desire to put any questions to Chief Inspector Hayes or the
inspector who was on duty at Bishopsgate Police Station at the time of the identifications. (Friday, May 5.)
ISAAC GORDON , recalled. Cross-examined by Mr. Bryan. Rosen sometimes visited Vassileva at Buross Street. I employed a man named Carl Hoffman at Buross Street; he used to call with reference to work and to see Vassileva. I do not know that Hoffman and Rosen were friends. Hoffman came to my house sometimes with Rosen. Rosen and Hoffman used to go into Vassileva's room occasionally. Rosen sometimes went on a Sunday in the middle of the day and the evening.
To Mr. Stewart. No. 11, Buross Street is a perfectly respectable house. Vassileva was a perfectly respectable and well behaved young woman; friendly towards me and my family, and quiet. She said she earned 30s. a week and sometimes made cigarettes in the evening as well. As far as I know that was the only work she did. She used to leave at 8 and half-past 8 a.m. and return at 8.30 p.m. She paid 4s. for her room and 3d. for the cleaning. For two or three weeks she had dinners at my place; then she provided her own food. She used to go out sometimes in the evening but returned immediately. She usually spent her Sundays at home and the Saturday afternoons. I do not know the name of the man (Exhibit 3), but he was not called "Gardstein." I have not seen Peter the Painter. I do not know people named Pearlman with whom she used to live. I do not know men called Bifstek and "The Captain," or if they came to buy cigarettes. I know a woman named Masha, a friend of Vassileva's. Vassileva's is the right-hand figure in Exhibit 98. I have never seen Masha's sister. In the photograph of Masha's sister she has a fur muff and stole. Vassileva paid me the rent for the three weeks she had been away when she returned on the Sunday and said that she would have to go away again, and after, when she returned, she had no money at all. We had the keys and could have gone into her room at any time; there was no attempt at concealment. If she wanted to touch anything in the room she could. Inspector Wensley was in the room on Sunday, December 18, for an hour and a half. I gave the police the bundle which Vassileva handed to me. The police took away a bottle from Vassileva's room with other property. I have only spoken to the police once, when I attended to hand over the parcel on the 18th. The police watched my house from the 18th, watching for Peter the Painter, I heard. My girl read the paper to Vassileva about Peter the Painter; she seemed very anxious, and when it was said that Peter the Painter had gone to Paris, she said, "They do not know what they are looking for; Peter the Painter was never in existence "; she wanted me to believe that Peter the Painter was not amongst the lot. She was dreadfully grieved and crying; ill. She asked me that I should go and call the doctor. I asked her, "What do you want the doctor for?" so she said, "You go to him and tell him, as he is a good friend of mine, that I want him, and he will come"; I did not
go, she went herself. She said she wanted somewhere to stay for a few nights. I do not know where she went, but when she came back I asked what the doctor said and she replied, "There is no more good friends; I was a good friend to everybody." I remember giving evidence at the Guildhall when I said she told me "she should not come to him because she would bring trouble." On the day she said she was going to Paris she said." London is no good for me "; this was on the Monday, not the Tuesday. She told me if she went to Russia she would be hanged. I do not suggest she was guilty of any crime in Russia. I do not know if she made a blouse out of her blue skirt. Masha called on Saturday evening, December 17, 10 minutes before Vassileva came in, and asked whether a parcel had arrived for Vassileva. After the shooting' affair I used sometimes to be in Vas-sileva's room; she was all day there. In the two or three weeks after the washed her head she used to go out for two or three hours after dinner; sometimes she returned at sunset. I should not say that on the occasions when she had been out she came back and found me in her room. I said before the Alderman "we were altogether; we used to go in her room and my room." After the shooting affair she was very tired, not well, and she asked me to come in her room to assist and sympathise with her. On the Sunday I told her not to burn any more papers, but to give them to me to keep for her. She said, "All the foreigners will be traced; I do not want it; you will keep it as well"; I told her I would take it to my children. I took it to the police the same day. The police paid me money for the Guildhall, but nothing else; 10s. 4d. Apart from that I have not received any money for looking after Vassileva. I have not received 15s. a week in reference to this case; neither 15 farthings.
Re-examined by Mr. Bodkin. On the Monday after the Saturday Vassileva said that she was going to the doctor's to ask him to do her a favour; to say that he has kept her several nights. There was a bottle in her room (Exhibit 99) containing some spirit with which she washed her head, and a sponge (Exhibit 100).
FANNY GORDON , wife of Isaac Gordon, 11, Buross Street. Vassileva came to lodge with me about 12 months ago; she was there eight months. At the Guildhall I saw a man I called the Barber, and Zurka, who used to visit her. (The witness went near the dock and pointed to Dubof and Rosen.) They used to come sometimes on Sundays; some-times in the middle of the week. Hoffman used to come sometimes. Seven weeks before Christmas Vassileva stopped away from home; she said she was going to her friend Masha, who was ill; she was away three weeks. She returned on a Sunday, paid me three weeks' rent, and said she was going away for another few weeks. She said she had to go to her guvnor's, who was ill, to manage the place. On the Monday she made up a parcel of clothes and went away. I did not see her for three weeks till the day after the shooting, at half-past eight in the evening in her room at my place. I noticed she looked with black hair; it was flaxy colour before she went away. I asked her what was the matter with her hair, but she did not answer. She never
gave any reason for the change of colour at first, but afterwards she said she dyed her hair, but did not give any reason for it. We heard of the shooting on the Saturday and spoke to her about it. I asked her if she had heard what had happened in London, and she replied that she had heard nothing of it in the country. She did not say what part of the country she had been in. On the Sunday Vassileva lay in bed till the afternoon. Masha called to see her on the Saturday night and Sunday morning. The Barber came on the Sunday evening and was there for about an hour. About 10 or 15 minutes after Rosen left the detectives came. My husband had a conversation with Vassileva on the Monday; she went to the doctor. On the Tuesday we saw a parcel in her room; she said she was going to Paris; she gave me the key of the street door, and said she must go away. She came back about eight o'clock and said "It is impossible to go away; I am being watched." She said "As I cannot leave England I will have to stay in London, and what will happen let happen." She was white and very much agitated and nervous. When she came back she used to lay out the cards and guess on them. She used to wash her hair with spirits. For three weeks she did not go out only to buy spirits and soap; she was five weeks indoors, and then on the Monday she went away after supper and returned on the following Tuesday week, when she was arrested at the corner of Sidney Street; I was with her. When she came back on Saturday, the 17th, she burnt some dark blue stuff like the stuff of a skirt. I think Vassileva had a white hat and a coloured one. On the Saturday after the murders I noticed on the top of a box in her room a fur muff; the following week we had a conversation about it. I told her I could not wait for the money she owed me, and she replied "take that fur muff which cost me £3, and take it to the pawnshop; you will, I daresay, get 25s. or 30s. in the pawn, then you will have some money." Afterwards she said Masha had bought it as a present for her. I gave evidence twice at the Guild-hall. I kept the muff and stole as she told me to; she said, "If I will be lucky and won't be arrested I will go to work and will take it away from you." I think it was February 27, when I gave the muff to the police.
To Mr. Melville. I said at the police court "The last time I saw Dubof at the house was last summer. I cannot say when." He called on Vassileva for cigarettes.
To Mr. Bryan. Hoffman was employed at my house; he was a friend of Rosen. On Sunday, 18th, Rosen called alone in the evening. I found the barber, Nina, and Masha in Nina's room on the Sunday before the detectives came. I do not know how long Rosen was with Vassileva; he did not tell me he had come to see Hoffman.
To Mr. Stewart. I cannot read Russian. I gave evidence three times at the Guildhall. I there said what Vassileva had said, "If I am lucky and am not arrested I will take them back." I said it at the Guildhall and told the detectives the same thing. Nobody has given me any money for taking care of Vassileva. I have not been (paid 15s. a week since December 18; prisoner owes me nine weeks rent and five weeks food. Nina once took me to the Jubilee Street
Club; there were a number of Russians there, but I could not say who they were; music and dancing took place and speeches. I did not know the names of the men who called at the house till they appeared in the paper. Zurka called perhaps three times. I heard my girl read the papers to Vassileva, but did not understand it; she is 12 years old. I do not know Peter the Painter; I saw the picture of the man who was shot in the papers; I know now his name is Gard-stein. Masha wore furs like those Nina had in her room. The detectives were in the room about an hour and a half. Nina said Masha was a good friend of hers, and, as she was ill, she was going to attend her. Vassileva did not say Masha gave her the furs for her kindness. Two or three weeks after the detective called somebody knocked at the door for money for the furs; Nina said, "I cannot understand the man calling here for money; Masha bought it and Masha will pay."
Re-examined. The friend she went to nurse was Masha; up to that time I had never seen Vassileva with furs; she told me they were a present from Masha.
POLLY GORDON , daughter of last witness. Vassileva went away seven weeks before Christmas; she said she had been nursing a sick friend, Masha; the second time she said she was going to the governor's to be manager as he was ill. She was away for three weeks and came back on the Saturday; I saw her and noticed her hair was a different colour; when she went away it was flaxen, but that night it was brown. I went into her room and she asked me to read about the Houndsditch affair in the paper. She understands English. There was a description of a woman in the paper—height, 5 ft. 8 in. After reading it Vassileva seemed very miserable; she measured herself with a yard stick and said she was exactly the same height as mentioned in the paper. I did not see her do anything in regard to her clothes. I read to her the description of the woman's clothes; it said a woman with a three-quarter jacket and skirt; I believe it was blue. I do not remember Vassileva saying anything about the dress.
To Mr. Stewart. The paper I read was the "Evening Times" 6.30 edition. Vassileva does not wear shoes; she wears black boots. When she came back on the Saturday she wore the same clothes as when she went away. I do not remember reading about Mr. Cohen, of 10, Cutler Street, telling the Press Association that the police had found in 11, Exchange Buildings enough dynamite to blow up the whole of Houndsditch. I do not remember reading "Mr. Cohen believes that the woman was a man disguised." I read all except the latest news. I read the description of the men wanted. I saw the picture of Gardstein in the paper. Vassileva put on her hat.) Nina did not wear that hat before the murders; she wore a white hat. I do not remember her wearing it; she wore a white hat right up to December.
(Friday, May 5.)
came in and handed me this bundle of papers and photographs (pro-duced). He made a communication to me, and at 10.30 p.m. I went with two other officers to 11, Buross Street. I had not heard of Rosen or Vassileva before. Vassileva was in her room; her hair was hanging down her back and had obviously been dyed. I said to her "Do you understand English?" She said, "Just a little." I said, "We are police officers, and I want to speak with you. Do you under-stand me?" She said "Yes, if you don't speak too quick." I said, "What is your name, where do you come from, and what are you?" She said, "Nina Vassiley (as I understood it). I am a Russian, and I make cigarettes." I said, "We have been told that you were a member of the club at Jubilee Street." She said, "I used to go there sometimes." I said, "Do you know that some police officers were shot at Hounsditch on Friday night?" She said, "I heard of it." I said, "Some of the men who were engaged in the shooting are said to have been members of that club. Do you know them?" She said, "Per-haps I do; perhaps I don't." I then said, "We have been told that you have been away from home this three weeks, and only came home yesterday." She said, "It's a lie; I have always been here." I then said, "I am also told that you have some bullets and cartridges here." She said, "I have not; you can look, gentlemen, if you like." We found nothing there. I showed her photographs that Gordon had given me, one of which was a group in which was Gardstein, and asked her whose photos they were. She said "I do not know." We then left. Observation was then kept on the house. I reported the matter to the City Police, and as far as I know they watched the house from the following day. I only looked for ammunition. I took possession of nothing. I did not know at that time that any importance was attached to a muff or furs. I attached no importance to finger-prints. (Chief-inspector Willis here produced a photograph of Gardstein when alive (Exhibit 76), found by him at 44, Gold Street.).
To Mr. Stewart. Gardstein was a good-looking man. I cannot distinguish Vassileva's photograph in this group (Exhibit 103a). I see in it nobody connected with this case. If Federof is here, it would be the man with the moustache. Vassileva did not seek to conceal her address from me. She speaks English very imperfectly. Since December 18 I have made as many inquiries as possible in the limited space of time as to her antecedents; I do not suggest she has a criminal record of any kind. I cannot translate the names of the books Gordon handed me. I should think we were 45 minutes with her. I did not see a bottle. I know one was found in her room, I presume about February 17. The Jubilee Street Club is a club to which a large number of Russians went. I should say some of them were respectable; there are many clubs in the East End where it is not etiquette to ask the name of a fellow member. It depends upon circumstances whether we leave a woman at liberty to watch if men who are wanted come and see her. (Mr. Justice Grantham ruled the question as to whether this proceeding was adopted in this case as inadmissible, as it would be contrary to the public interest for the witness to answer.) At this time we
were watching for, amongst others, Peter the Painter. The reward of £500 was first published, for information as to Peter the Painter, Fritz Svaars, and a woman, as far as I remember, on December 22. Peter the Painter, Fritz Svaars, and Luba Millstein were then living at 59, Grove Street. Svaars died at Sidney Street, Millstein was liberated, and I have heard that Trassjonski since her release has been sent to an asylum. To my knowledge it was not reported that Peter the Painter went to Paris shortly after these occurrences. The last place we heard of him was in the east end of London.
CHARLES HENRY BEAVER , assistant, I. Layman, Limited, 31, Whitechapel Road, E. We take in about 100 pledges a day. On December 16 we took into pledge a gold watch, on which we advanced £4 in the name of "Charles Summerfelt, of 42, Gold Street." Exhibit 120 is the counterpart of the contract signed by the pledger. I can tell from the number it was pledged about midday. As far as I remember, it was a fair man, respectably dressed, and aged about 20. This is the watch. (Produced.)
To the Jury. I saw him sign the contract note, but the description I have given is as far as I can remember.
NICOLAI TOCKMACOFF , seam presser, 47, Broomhead Street, E. I am in the employ of Mr. Solooski, of 20, Spital Square, I knew the Anarchist Club in Jubilee Street. Eight months ago I first met Fritz Svaars there. I play the balalaika. After I got to know him he called upon me, and I called upon him at 59, Grove Street, where Trassjonsky lived with him. Peter the Painter lived in the front room. I recognise Dubof, Peters, and Rosen, whom I knew as "The Barber." I first met Dubof when he came to my lodgings at Broomhead Street; Fritz introduced him to me; he said, "He is a painter." I first met Peters at the club, and I have seen Rosen at 59, Grove Street. Fritz told me he was a barber. The first time I met Josef was on December 16, at Grove Street. I knew Gardstein. On December 16 I saw Fritz had a pistol similar to Exhibit 66, and bullets for it; this was at Grove Street. A fortnight before he came to my lodgings and showed mo a Browning pistol similar to Exhibit 2. At 12.45 p.m. on December 16 I went to 59, Grove Street; I used to go there every day. I learnt Fritz to play the mandolin. In the large room in the front I saw 12 people, amongst whom were Peter the Painter, Fritz, Rosen, Josef, Federof, Millstein, Marx, Gardstein, and Hoffman. Peter and Rosen played chess, Marx and Fritz made up paint, and Josef, Federof, Dubof, and myself stood by the bed. I stayed there an hour. I do not remember what was spoken about. I then left. Nobody went before I did. I left the mandolin behind me, and I went back the next day to get it, as I wanted to go to Shepherd's Bush to Dubof on the Sunday to play it. The police arrested me when I got there.
To Mr. Melville. Englishmen go to the club as well as Russians. I have not seen any recreation hall there, but there is a concert-room; there is also a refreshment-room, and a library. When I saw Peters there there was a concert going on. I am not an anarchist. On
December 16, at Grove Street, I saw no picture painted by Dubof. Dubof said that he knew of a factory where he would ask for work for me. I saw absolutely nothing suspicious there. It might have been one or two o'clock when I got there. Gardstein, Federof, and Josef arrived after I did. I should not like to deny that Dubof came after two o'clock. The police took from me a pocket-book in which were Peters' and Dubof's names and addresses. I never told them that Peters was Svaars' cousin.
To Mr. Bryan. I have only seen Rosen once at Grove Street. He resembles Fritz; I always thought they were brothers. Fritz did not tell me that Rosen played the mandolin.
To Mr. Stewart. I do not know if Peter the Painter was a political malcontent. I did not notice if Trassjonsky and Millstein opened the door and immediately withdrew.
Re-examined. I have nothing to do with Anarchism.
WOLF BROWN , drapery dealer, 36, Lindley Street, E. Fritz Svaars with Millstein used to come to my house now and again. I knew Gardstein, though not by name; he also used to call. Rosen used to come alone very often, as also did Dubof. They came to see my lodger, Hoffman. I have seen in his room together Hoffman, Fritz, Gardstein, Rosen, and, I think, once or twice, Dubof.
To Mr. Bryan. I knew Hoffman also as "Masias."
ADELAIDE GOTTS . I have lived at 42, Gold Street, 12 years and I let one room. I have never had a lodger named "Summerfelt." The lodgers I have now are named Donovan, and they have been with me about five months. For five months previously to that my lodgers were named Mott.
CASIMIR PILERAS , interpreter, Thames Police Court. I was present at Bishopsgate Police Station when, on December 24, Federof, Peters, and Dubof were charged with, amongst other things, conspiracy to break and enter 119, Houndsditch. I interpreted the charge, Federof acting as spokesman, said, "We deny all knowledge and we are not guilty"; the others repeated the words. Two days previously I went with police officers to 48, Turner Street, where Peters was. Acting on instructions, I said to him, "These persons are police officers making inquiries about the Houndsditch murder." He said, "I do not care; I cannot help what my cousin Fritz has done. I know nothing at all about it." On the way to Old Jewry he said, "I expected this every day. If the police want to know what happened that Friday night, they may call my landlord's attention that on that particular evening I was engaged in mending or setting a mousetrap. After I left work I went to a provision shop facing Turner Street, bought food here, brought it home, and never went out again. I went to bed about 12 o'clock." At the police station I cautioned him, he having said that he was quite willing to answer all the questions that were put to him. He made a statement which I interpreted and Inspector Collinson wrote down. (The statement was read.)
To Mr. Melville. He gave us every information quite freely. He was detained for inquiry on December 22, and I was careful to explain to him that he was not under arrest. Something was mentioned about
a dead man being found in Fritz's room. I know that he handed some officer some cards of membership of different societies, but I cannot remember to whom.
To Mr. Stewart. The titles of these books are as follows: "History of the Revolutionary Movement in Russia." "On Revolution and on Revolutionary Government," "A Tale About an Unrighteous Czar," "The Government: Its Role in History," "Positive Science," etc.; they are all revolutionary books. (These were the books handed by Vassileva to Isaac Gordon.)
Detective-inspector JOHN COLLINSON , City Police. On December 22 I saw Peters at 48, Turner Street. I took him to the station, where he was charged with murder and with conspiracy to break and enter. I wrote Exhibit 67, which is a statement he made, interpreted to me by the interpreter.
To Mr. Melville. He was charged on the 24th. He showed me cards of membership of various societies to which he belonged, one of which is "Rules of the Shoreditch Social Democratic Working Men's Club and Institute." I found that he had been working regularly since the previous July; I did not go back further than that. He was working from eight to eight, and he never missed a day up to the time of his arrest.
To Mr. Stewart. I cannot say if Exhibits 104a and 104b were in the possession of the police as early as December 17. I have not read any information as to where Peter the Painter is.
MAX BERGER , tailor, 10, Settles Street, E. From September till December 17 last year Trassjonsky was my lodger. She had women friends come to see her. Some days before December 16 I saw Vassileva with her in the street, but I have never seen her at my house.
Detective-inspector WILLIAM NEWELL , City Police. On December 22 I went to 20, Galloway Road, Shepherd's Bush, where at 2 p.m. I saw Dubof. I spoke to him in English and I think he understood. I told him who I was and said, "I am making inquiries regarding the Houndsditch murders." Mrs. Petter, his landlady, who was present, spoke his language and English. There was then some conversation between her and Dubof in his own tongue. She spoke to me in English, and I had written a portion of the statement down when I said that he had better come to the Old Jewry Police Station. He said, "You make a mistake; I will go with you." At the station he made a further statement in broken English, I having cautioned him first. I wrote it down at the end of what I had taken down from Mrs. Petter. Exhibit 68 is the statement which he signed. (The statement was read.) On February 2 I went to Wells Street, Hackney, a hairdresser's shop, where I saw Rosen. I told him who I was, and he said, "I know you have come to arrest me." I said, "I want you to accompany me to the City as I have reason to believe that you can give me some important information respecting the Houndsditch murders." He replied, "I will come with you." I took him to Old Jewry where he was cautioned. A statement was
taken from him which he signed. He made the statement without the aid of an interpreter. (Exhibit 88 was read.)
Police-constable JAMES WOODWARD , 316, City Police. On February 6 I was at Bishopsgate Police Station keeping observation on Rosen when he came to the cell door and said, "What will they do with me if I know something and do not tell them?" I said, "Do you know anything about this affair?" He said, "I could show you where a woman and a man who was concerned in it—where they lived when I was brought in here." He turned away from the cell door and then turned back again and asked me the meaning of the word "frequently" and "urgent." I explained the meaning to him. He then said he would like to go to Old Jewry to make a statement, and the authorities were communicated with.
JOHN OTTAWAY , recalled. I was present when the statement was taken from Rosen in continuation of Exhibit 88. It is Exhibit 89. It was further continued in the form of Exhibit 90. (These statements were read. He stated therein that the statement he had pre-viously made was false, and that as to Vassileva two or three days after the Houndsditch affair he called on her without any special object, and discovered her washing her hair; that she asked him if he had brought trouble with him and he said he did not know; that he asked her what was the matter with her head as her hair was not all one colour, and that she said that she was the woman who had been living at Exchange Buildings, and he understood her to say that she had dyed her hair but as it was not good she was washing it out again; that she asked him not to go there again as he might bring trouble; that she told him she took and lived in a room in Exchange Buildings but that she left when all the men went in, by which he understood her to mean that she left there when they went in to commit the crime; and that he then left after having remained there 15 minutes.)
(Saturday, May 6.)
Inspector WILLIAM NEWELL , recalled. When I went to Dubof's lodgings on December 22 I told him I was making inquiries about the Houndsditch murders. I should hardly say he was in custody then. He then made part of the statement (Exhibit 68). That part was translated by his landlady. He was then taken to the police station and kept under detention; I should not say that he was at that time under arrest; if he had attempted to leave no doubt be would have been stopped. Dubof told me that on December 10 he had sent money to his sister in Russia; when searched we found on him the Money Order produced, for £1 1s. 6d.
To Mr. Bryan. Rosen's first statement was made on February 2; he speaks broken English; I think he understood all that was said to him. Before arresting him I had made inquiries about him. I showed his photograph to (among others) Mr. Greenberg; he would know that I was making inquiries about Rosen in connection with the
Houndsditch murders, but I should not tell him that Rosen's arrest was contemplated. Rosen did not say, "Have you come to arrest me"; he said, "I know you have come to arrest me." I showed his photograph also to Miss Campbell, to whom he was then engaged, and whom he has since married. When I called upon her she voluntarily gave me Rosen's address. I have made inquiries about Rosen's past history.
Re-examined. On February 7 about 8.15 p.m. I went with another officer and with Richardson to Sidney Street. In Buross Street I saw Vassileva with Mr. and Mrs. and Miss Gordon. I went up to Vassileva and told her we were police officers and were going to arrest her on suspicion of being concerned in the Houndsditch murders. She appeared to understand what I said; she made no reply. Afterwards I went to 11, Buross Street, and there found a bundle of newspapers, Exhibit 91; some clothing, including Exhibit 92, a woman's threequarter length blue jacket. On February 9 Vassileva was at Bishopsgate Police Station, and I had a conversation with her, which was interpreted by Mr. Timotheiff. I told her that she had been identified as the woman who had been living at Exchange Buildings during the fortnight preceding the murders; she said, "I did not live there." I told her that the witnesses alleged that she was seen taking down the shutters there; she said, "I do not know the place." I told her she had been identified as the woman who was with Gardstein, Dubof, and Peters in Cutler Street immediately after the murders. She said, "I do not know the names." I told her it was about 11.30 p.m. on December 16. She said, "I was not there: I was at home." She was then charged with conspiracy to break and enter and steal the goods of Mr. Harris, and with being an accessory after the fact to the murder of Tucker by Gardstein. Her reply was, "I do not know either of those persons or either of those places; it is a false accusation; who accuses me! it is all lies." At this time I did not know anything about the muff afterwards found at 11, Buross Street. It was on February 14 that Levy gave his evidence in regard to Vassileva. When she was arrested her hair was much darker than it is now.
To Mr. Stewart. As to the muff and stole, if they were in Vassileva's room on December 18 I think I should have found them. The Gordons have relatives living in Sidney Square; I do not know that Vassileva had been watched continuously from December 18 till the time of her arrest. In some of the newspapers in the bundle, Exhibit 91, Peter the Painter is mentioned. I do not suggest that there is no such person as Peter the Painter. It was supposed that he had come from Paris two months before these events, and it was rumoured that he had gone back there.
To Mr. Stewart. In the statement made by Federoff when he was charged, he said, "According to what I saw and heard, and information received, I thought I knew Peter the Painter; according to the description I know him."
To Mr. Bryan. After Rosen's arrest I went to his place in Well Street and found there a grey tweed cap.
Inspector JOHN OTTOWAY , recalled. In the room on the first floor of No. 11 Exchange Buildings there was a double bed sufficient for two to sleep on; there was a palliasse and two feather pillows, and a table cloth on the bed; there were no sheets or blankets; the bed-quilt was on the table downstairs.
To Mr. Stewart. The absence of proper bedclothes is a common incident with the wretchedly poor people in the East End.
To Mr. Melville. On the paper handed to me is the name of a firm of London shipping agents doing business with Russia. I have inquired, and found that on November 19 a receipt was given to that firm by P. Morrin for £31 12s. That money had come by telegraph order from Russia. The photograph of Gardstein was taken to the firm, and there is no doubt that Gardstein was Morrin. Of course, the actions and movements of Gardstein from November 1 were of importance. I do not think this information was given to the Treasury or to the solicitor for the defence. I have conscientiously produced everything that could tell either for or against the prisoners; I have kept nothing back so far as I am aware.
This closed the case for the prosecution.
Mr. Melville, Mr. Bryan, and Mr. Stewart submitted that there was no case to go to the jury as against their respective clients.
Mr. Justice Grantham held that with regard to each of the accused the case must go to the jury.
Mr. Bodkin said that he quite appreciated there was a distinction in point of evidence, or quantum of evidence, between the case of Dubof and that of Peters.
Mr. Justice Grantham said he would take care to point out the difference to the jury, but he thought the proper course would be to let the whole case go to the jury.
(Monday, May 8.)
(Defence of PETERS.)
JACOB PETERS (prisoner, on oath). I was born in 1886 in Brinkenskia, Courland, Russia. Up to 1905 I was employed as grocer's assistant in Libau; I then worked as a dock labourer and in a butter factory. I became an active member of the Lettish Social Democratic Party, and for about seven years undertook propaganda work in the Army and among the working classes, unpaid; I was brought before a court-martial in Riga, detained for 18 months and acquitted on September 1, 1908. I was still engaged in propaganda work and heard that the police were going to visit me in connection with articles I had
written in a democratic paper, so I went to Germany, intending to go to the United States, but had not sufficient money. I saved some money, went to join a comrade in. Denmark, and not getting work there, came to London in October, 1909, and lived with my cousin, Fritz Svaars, at 29, Great Garden Street, Whitechapel. Many Russian refugees lived there. I found Fritz had changed in character and I removed to another address, which I have forgotten. On January 26, 1910, I went to learn to be a tailor's presser, working for Muller, 1, Cobbold Road, Mile End, living at Cook Street, Commercial Road. Having learned the trade I worked for Kannenbaum; in July, 1910, went to work for Landau, 2, Steward Street, Spitalfields, and remained with him in constant work up to the date of my arrest. I went under the name of Kolmin because I was known by name as the secretary of the Lettish Social Democratic Federation and a member of the Working Men's Federated Union, which has branches all over the world, and employers would object to employ me. I was lodging at 236, Brick Lane and afterwards moved to 48, Turner Street, where I was arrested. At my lodgings I always gave my own name. From November, 1910, I attended the London County Council Evening School to learn English. The first night I went to my new lodgings in Turner Street—November 25—I went to a concert at 107, Charlotte Street and adept with a friend, a Mr. Gordon, who lives in the first street on the left-hand side of New Road; I forget the name. Till about 11 p.m. on December 10 I was at the Albert Hall at an International Anti-War Meeting, returning to my lodgings at one a.m. I had told my housekeeper (I forget his name) not to bolt the door so that I should be able to get in with my key. As regards the other evenings, I used to come home regularly from work, and when I was not at the Russian Library at 106, Commercial Road or at the evening school, I used to read at home. On December 16 I went out, as usual, just after seven a.m. and I finished work at 7.30 p.m. I waited for an hour for my wages, as the girls and the Jews were paid first. I think Mr. Landau and the two managers were present, as they generally were, when I was paid. On my way home I went to a provision shop facing Turner Street, where I bought some food. I arrived home about nine p.m. I saw my landlord three times that evening. He was going out when I went in. I sat down and read. After a little time I opened the door to him. On the third occasion I saw him he brought in a mousetrap; I believe it was that very evening that I had told the missus about the mice getting at my food and she said she would see to it. We prepared the mousetrap. I then continued reading and went to bed at about 12—my usual time. I got up the next morning at my usual time, and from then I continued working as usual until December 22, when, on returning to my lodgings, I was arrested. I told the police officers I knew nothing of the affair and that I believed that one of the people must be my cousin, because I heard that a dead man was found at his lodgings. I was then taken to the photographer to look for Fritz's photo. On the following day Dubof and I were taken in a cab to Bishopsgate Police Station, where we were placed in a room. (Mr. Bodkin stated that he would not object to this
evidence, provided he was allowed to call Chief-inspector Hayes and Detective-inspector John Collison, to whom he had understood counsel for the prisoners had stated that they did not desire to put questions. Mr. Melville said he would not carry it further.) The first time I saw Dubof was at the police station. After Fritz and I separated in Great Garden Street I saw him in the street, but I never spoke to him. We never visited each other as we did not know where each other lived. I have been to 59, Grove Street twice, once at the end of November, and again shortly afterwards. I might have seen Gardstein, but personally I never knew him. It was Fritz I went to see at Grove Street, as I had a letter from my sister telling me that his mother was very anxious to know about him. Apart from my wages at Mr. Landau's, which was 24s. a week, I had no other money. I do not know where Exchange Buildings is; I have never been there. I was in no way concerned with the conspiracy to break into Harris's shop; the first I knew of it was when a Lettish girl, who worked at my place, was arrested on the Monday. I have never been in a public-house in England. Federof, Dubof, and I never went out together. I only knew Federof once when he visited me at my lodgings.
Cross-examined by Mr. Leach. I never saw Vassileva at 59, Grove Street. As far as I know, Peter the Painter was never a member of the Social Democratic Party of the Russian Refugees. He may have been a member of the English Association, but I cannot say. I saw him once at Fritz's lodgings.
Cross-examined by Mr. Bodkin. I am 24 years of age and 5 ft. 6 in. in height. Sometimes I have spots on my face and sometimes not. My moustache was like it is now all the time I was working at Landau's. In winter I wore a coat with a velvet collar. On working days I wore a cap and on Sundays a green trilby hat; I have never worn a bowler hat. I was a shop assistant in Russia and then I worked in the docks for a month. I left the shop in 1905 in order to propagate for the Social Democratic Party amongst working men; our theory is not that the proceeds of everybody's work should be shared but that everybody should be paid for his labour. Fritz called himself an anarchist, but he did not know anything about it; I did not say in my statement to the police that he had committed a robbery at a Government wine shop: I said he had done damage there; I was not correctly interpreted. The society of which I am secretary is composed of Letts only. Hoffman is a Lett but he is not a member. Millstein and Trassjonsky and Federof are not Letts. I do not know Josef. I possibly may have met Marx, but I do not know him. Russians have not such a name as Marx. Exhibit 76 is a photo of Gardstein. I think I have seen him at 29, Great Garden Street; he lived with Fritz; but they did not live there when I was living there. I do not know him. I have not seen this man (Exhibit 144, Marx). In this group (Exhibit 114) there is a man similar to Peter the Painter, but he had no beard; he lived with Fritz. I do not know the name of my landlord at 28, Turner Street; I took no interest in him; I spoke to him very little. I did not notice his name when he was called at the police court. I told him on the first night
I was at his house, November 25, that I was going to a concert and ball, but I do not remember whether I told him where it was going to be. I do not know Toynbee Hall. I asked him on that night not to bolt the door; that and the night of December 10 are the only times I have done so. I first heard of the Houndsditch shooting on the Saturday night, I think. I did not speak to my landlady, Bluma Abrahams, about it. I remember Philip Abrahams saying at the police court on March 5 that his wife could not come and give evidence; I think he said it was because she was not well. It may be that he said she had gone out shopping that very morning, but the shop is only just opposite. Before I was identified each time I stood in the row where I pleased as I was told I might do so. I was not asked afterwards whether I had any complaint to make as to the manner in which my identification had been conducted. It was not three o'clock in the morning when we arrived in a cab; there were plenty of people in the street and on the pavement, but I did not notice who they were. There were also plenty of people in the passage—men and women. I do complain about my identification; our clothes were dirty, our hair uncombed, our faces unwashed, and we had no clean collars, and everybody could recognise the place where we had come from. There were two classes of people, one dressed very nicely and the other dressed ordinarily with handkerchiefs round their necks. I had nothing round my neck. The half day that I missed work at Landau's was August Bank Holiday, but I do not remember the other half day in August; I was ill-that afternoon. I did not get my full money. I do not know whether a time-sheet was kept at Landau's; there is a manager there who would know whether I was at work or not. For overtime we got paid the same day; if we missed half a day it would be deducted at the end of the week. I was known as "Kolnin" there. At the L.C.C. school I gave my name as Peters; I cannot help it if the people there spelt it as "Pitter." When working for my party in Russia my name was "Svornoff."
To Mr. Stewart. I have never seen Peter the Painter. I was never at the Jubilee Street Club.
Re-examined. In Russia when you work among the party it is well known you have many names. I never bought any asbestos from a man named Craigie.
SIMON GOLDSTEIN , teacher, L.C.C. Evening Schools, Commercial Road, E. In my register (Exhibit 137) produced I have the name of "Pitter" as attending the English class on Wednesday, November 2. He continued to attend on Mondays, Tuesday, Wednesdays, and Thursdays until December 6." Pitter" is Peters; I mistook his pronunciation of his name. On December 1 he was present from 8 to 10 p.m.; he must have been there at least from 8.15 p.m. to be on the register; there are two marks; if he had gone before 10 he would have lost his second mark. He attended regularly with the exception of November 28, when he did not attend.
Cross-examined by Mr. Bodkin. He started in the lowest class, and then went on to the second. They are mostly Jews who attend; they are free classes and mostly foreigners attend. If a pupil wanted to go before the end of the lesson he would tell me.
PHILIP ABRAHAMS , 48, Turner Street, E. Last Monday my wife had a baby and she is unable to come here. Peters lodged at my house for a month before December 22, occupying the front room on the ground floor. I occupied the back room. He went out about 7.30 a.m. and returned at 8.30 p.m. The first night that he came and took lodgings, November 25, he said he would be sleeping out; he did not ask me to do anything about the door. Generally when he came home he used to read the papers; sometimes he went out, but he was always in before 11. On one night he told me not to bolt the door as he would be out late. On the night of December 16 I left the house at 10.5 p.m., leaving him reading. He had gone to work that morning as usual at 7.30 a.m. and returned between 8.30 and 9 p.m. I was going to the Christmas Club when he came home, and I saw him again on returning home.
Cross-examined by Mr. Bodkin. I remember I said at the police court on March 15 that my wife was just about to be confined and could not come and give evidence, and I remember saying that she had been out that day and the day before. I know she made a statement to the police on December 23, and what she said. I did not talk to her about where Peters was on the 16th. I first heard of the Houns-ditch murders on Sunday, December 18, I think. I talked about it to Peters on the Sunday, but not after that date. After his arrest I and my wife talked together about the time he came home on the night of the 16th. My wife is up and goes about the room, but she is very weak. She went out very seldom before the baby was born. She could not come and give evidence on March 15. It is true that she went out shopping on that day, but the shop is just opposite. She told me on the 23rd that Peters came home about 8.30 or 9 p.m. on December 16. I remember December 16 because I withdrew money from the Christmas Club; I only do that once a year. I produce a notice saying that money will be shared out on the 16th. I have thrown away the book where it says I withdrew the money. On November 25 Peters said he was going to a club; I believe he said Toynbee Hall. I left the door unbolted for him then, and he came in at 2 a.m., but I never heard him. He came home the night that he said he was going to a concert and ball; he never told me that he slept with a friend. I do not know that he went to the Albert Hall on December 10; I do not know what time he came in that night. I always bolt the door. I spent the night of December 16 in a public house with Koblinski.
Re-examined. My wife has been in an asylum, and I had some anxiety during the period she has been passing through.
Louis COLEMAN JONAS , manager, Landau and Sons, wholesale tailors, 1 and 2, Stewart Street, Spitalfields. Peters had been employed by my firm as a presser since the middle of July last, his hours being from 8 a.m. to 1, and from 2 to 7.30, and on Saturdays from 8 to 2. He
has missed two afternoons from the time of his entering our employ until he was arrested on December 22. This wages book (Exhibit 138) bears that out; he missed one half-day in the week ending August 19, and he missed again in August. We found him a very good workman.
Cross-examined by Mr. Bodkin. The list of money at the side shows that he missed in the week ending the 19th. I see that there is the same money, too, for two weeks before. It may be later on; I have not examined the book carefully. The book is not of much importance; the wages are entered in it only to carry over into the cash book. It may be that Peters's name is in it for three weeks after he was arrested, and it is possible that money that he should have received was put against his name on two of those weeks because there is nobody there to inform the lady clerk that he was not in. It is generally entered up on the following Monday. I do not keep any time-sheets. If workmen miss in the afternoon they bring it down to the following Friday; a Miss Marks, another young lady, does that. She is not here. I cannot say that I have any pieces of paper from which Peters's times were entered in December.
Re-examined. Overtime is paid on the same night. This is the best evidence I can produce as to the wages paid to the men. We employ 80 or 90 men, and we regard this book as an efficient test as to the attendance of the men.
(Tuesday, May 9.)
(Defence of Dubof.)
ZURKA DUBOF (prisoner, on oath). My proper name is Zurka Laiyyn; I am a political refugee from Russia; for that reason I changed my name. I am 24 years of age, and the son of a small farmer; and I worked on the farm till I was 18 years of age and then I went to Riga to learn the painting trade; I stayed in Riga till the autumn of 1905 and then returned to the farm. I was a member of the Lettish Social and Dramatic Working Organisation; I was arrested in connection with this agitation and was punished with nagiakas, or Cossacks' whips. I came to this country in June, 1907, and stayed at 505, Commercial Road; I only stayed in London four days and then went to America; I stayed there a fortnight and then went to New Jersey; I came back to England in April, 1909. On that occasion I went to live with my brother in Whitechapel. In June, 1909, I went back to Riga; I returned to England again in January, 1910, and went to live at 72, Wellesley Street, Steney. I found work on this occasion and met Beckov at work; the work came to an end, and I went to Switzerland and returned again on September 20. I went to live at 20, Galloway Road, Shepherd's Bush, where I lived till my arrest. At this time I was working for Messrs. Turpin, 17, Berners Street, as a painter on a job at the Savoy Hotel; my landlord, Mr. Petter, and Beckov were working on the same job; I worked there all days of the week including Sundays; that job came to an end on October 19.
I was next employed on regular work at the Dieudonne Hotel about November 15 or 16; after finishing at the Savoy, and before I. started at the Dieudonne, I assisted my landlord painted signboards. I finished at the Dieudonne on December 12 with Beckov as we had no work to do. On Saturday, December 10, I was working at the Duidonne till one o'clock; after leaving work I went to a post-office and remitted one guinea to my sister in Russia; then Beckov and I went to have dinner; after dinner we went to the British Museum; we went to Tottenham Court Road station, and there we separated. I got home after four; I remained at home that evening; Beckov came home about nine, and remained at home the rest of the evening. I remained at home on the evening of Monday, 12th; I remember Mr. and Mrs. Schaffer and Mr. Scheurig calling that evening. The next day Beckov and I went to the Millwall Docks on a Russian steamer to see Tchukst, the cook, on board the steamer Irkutsk; all three of us went to a public-house near by; we left Tchukst at 11 o'clock. I left Beckov in the afternoon and went to 59, Grove Street; I went there to meet Peter the Painter with regard to painting some decorations at a balalaika performance which they were going to give. I left Grove Street some time after five and went back to Millwall Docks and saw Tchukst; I left him at about 10; I had had a good bit to drink and my head was aching, so I went back to Grove Street and stayed there all night. I got to Shepherd's Bush the next morning about nine; I did not go out at all that day, I was painting pictures; I slept at home that night. On the Thursday I was painting the picture produced (Exhibit 55); I did not go out that day; on the Friday I was engaged in finishing this picture and sticking it on that board; I had dinner at home that day. I went out about quarter to two and went to Grove Street to see Peter the Painter with regard to the decoration work, and also with regard to some other work; Peter the Painter had told me that he would have some other painting work, to paint a certain house. When I arrived at Grove Street I found there Luba Millstein, Fritz, Peter the Painter, Rosen, Hoffman, Federof, Josef, and Marx; I stayed till four o'clock; I was not in the house all the time; I went with Millstein to help her carry some linen to the laundry; I was out for about seven minutes. After I left Grove Street I went home and did not go out again that evening; I went to bed about half-past 11. I have never been in Exchange Buildings; I have never been in "The Three Nuns" public-house with Gardstein; or at Aldgate with Federof and Peters; I have never been in Cutler Street with Vassileva. I know Hoffman, and have been to his rooms; I have never seen Gardstein there. The time-sheets produced bear my signature; I make the time-sheet up, and it is countersigned by the foreman. I have never seen Richardson to my knowledge till I saw him at the police-court proceedings. I have never had a gold watch or pawned one; the black watch produced is my watch; the pawn-ticket signed "C. Somerfold" is not in my handwriting. I did not know of any conspiracy to break into Harris's shop. I first knew I was wanted in connection with the Houndsditch
murders through the newspapers on December 21 or 22; I was going to take some work on the 23rd, but Petter told me I had better stop at home as the police looking out for me might go to the place where I was working.
Cross-examined by Mr. Bodkin. I know the East End of London pretty well. I gave a statement in English to the police officer, but he did not understand me and I did not understand him. I became acquainted with Fritz about two years ago; he came to where I was lodging to visit a man named Alprosit; I have met him from time to time since, but not very often. When I was arrested Mrs. Petter acted as interpreter; I did not say through Mrs. Petter that I had never been to Grove Street; I said I had been to Grove Street; I did not mention the names of Frits and Peter the Painter; I saw the inspector writing something down as Mrs. Petter was interpreting. I made another statement at Old Jewry; I said then I did know Fritz and Peter the Painter; the game inspector took down what I said; he did not understand me and I did not understand him; I asked three times for an interpreter but I was not given one. It is not true that I only went to Grove Street once before and then could not get in. To-day is the first time I have ever said that I slept the night of the 13th at Grove Street in Peter the Painter's room. On Friday, 16th, I went out with Luba Millstein to the laundry at about quarter past three; if Luba Millstein says she went to the laundry-at half past one she is mistaken; it is not true that we parted at the laundry and she got back about two o'clock, or that Dubof returned shortly after her; he came before her. The laundry is in Commercial Road; I do not know Whitechapel; I do not know Laymans', the pawnbrokers in Whitechapel Road; I do not know how long it would take from the laundry to Whitechapel Road. After I left the laundry I went to a place near Grove Street to get some cigarettes and then went straight back to Grove Street. I know Trassjonsky; I cannot explain how that pawnticket came to No. 10, Settles Street, where she was living. On December 16 I was in the back room at Grove Street with her, Hoffman, Rosen, and Federof having tea; Gardstein was there that afternoon; I met him in a club in Jubilee Street two years ago; I do not know who he is or. what he is; I have seen him about twice since I returned from Switzerland; I cannot say how long he stopped there for. I know Newcastle Place; I have seen Fritz there two or three times. I do not know that the furniture from Newcastle Place went to Grove Street; I did not notice it when I slept there that night. I know Mr. Woolf Braun; it is not true that he has seen Fritz, Gardstein, Rosen, and myself at his house together; I have not seen Gardstein at that house at all; I have seen Luba Millstein at other times but not together. I have known Vassileva for about a year and two months; she used to live in the same street as I did, Wellesley Street; I knew her in Buross Street; I have been there two or three times to buy cigarettes. I have had this suit of clothes two years; it is from Russia. It is not true that I was in Exchange Buildings on the Sunday before the 16th.
I do not know whether Fritz, Vassileva, or Trassjonsky have been to Exchange Buildings. I do not know Peters; I may have seen him a year ago at the Russian Library; I did not know he was a cousin of Fritz. On December 11 I did not work; I stopped at home; it was Sunday; I worked on Monday, 12th; I did not work on Tuesday, 13th. Mr. Scheurig used to come to the Petter's house twice a week and the Schaffers as well. I know Beckov, we were not great friends; we worked together. I know Shepherd's Bush a little; I know Uxbridge Road; I do not know if there is a large colony of foreigners there; I do not read an English newspaper; there is a shop in Uxbridge where foreign newspapers are sold, but Russian newspapers cannot be obtained there. I can speak a little German but cannot read German; I have never bought any newspapers. I do not know Houndsditch. When I was out of work from October 19 to November 15 I was in the neighbourhood of Shepherd's Bush; I never went out only to buy tobacco. I do not recognise the bag produced; I do not carry a bag in England only when I go from one station to another. I have known Rosen for more than a year; I did not go about with him at all. I have been in the street once with Fritz but not with any of the others. None of the time-sheets produced of the Dieudonne are in my handwriting; some of the writing on the time-sheets of the Savoy job is in my writing; the words "Shepherd's Bush" is my writing; the "s" in Shepherd's Bush and the "s" in Somerfold on the pawnticket is similar to mine, but I did not write it; I have never pawned anything in England except a guitar. The gold watch (produced) is not mine, I have never seen it before.
Cross-examined by Mr. Stewart. I have seen Vassileva in two different places—Wellesley Street and Buross Street. I made her acquaintance by constantly buying cigarettes off her. Pearlman was the landlord at Wellesley Street. I recognise in this group produced to me the photographs of old Mr. Pearlman, Miss Pearlman, and Gard-stein, whom I knew as Morountzeff. Written on the back of it is "To dear Nina from the 'wicked' Fenia." Miss Pearlman was called "Fenia." In Russia it is dangerous for it to be known that you are in communication with political refugees. The speeches at the Jubilee Street Club were mostly on astronomy and other things. I never heard Peter the Painter make a speech there. I do not know anybody who used to visit the club. I cannot say if Vassileva was a girl who was very much distressed concerning the position of poor people in Russia; I did not speak to her much. I do not know that the Pearlman's lived at one time in Great Garden Street. The club is called "The Working Men's Club," and it is also called "The Anarchists' Club." Fritz had a suit which was similar to mine, and I think Peter the Painter also wore a brown tweed suit with broad dark stripes, which I do not think were more visible than those in mine.
Further cross-examined by Mr. Bodkin. I lived at the Pearlman's house in Wellesley Street for over a month. Gardstein, Dubof, Hoffman, Rosen, and Vassileva did not frequent the house. I have seen Gardstein twice only at the club, and later on at Grove Street. I was living with the Pearlman's at the time I met Gardstein at the club.
I did not meet Peters at the Pearlman's; Vassileva lived there; Rosen visited the landlord there twice; Masha and Millstein did not come there.
Re-examined. It is not true that when the police officer came he said, "I am a police officer, and am making inquiries about the Houndsditch murders"; at the time he came I was in the kitchen and he was talking to the landlady. The landlady then had a conversation with me. I have only lived in the East End about 3 1/2 months altogether.
FRANZ SCHAFER , 36, Galloway Road, Shepherd's Bush. I knew Dubof as a lodger at 20, Galloway Road. Between six and 6.30 p.m. on December 10 I went there with Scheurig to see Mrs. Petter. I saw her, her husband, and Dubof. My wife was not with us. We stayed till about 11.30 p.m. Dubof did not go out while I was there. Beckov came in about nine. We all had supper when my wife and Mrs. Petter returned from shopping. Dubof was there when we left. On the following day, Sunday, I had a visit from a friend named Gertz at Woolwich and I did not go round to the Petter's; I do not remember what sort of day it was. On the next evening Scheurig and I were working late and we did not get home till nine p.m. We went round to the Petters' about 9.30. We saw the Petters and Dubof. It was on the Sunday after this that Mancini called upon me.
Cross-examined by Mr. Bodkin. Scheurig is in the same electrical company as I. For the last eight weeks I have been calling at the Petters' house four or five times a week in company with my wife; I was not calling frequently in December. The reason why these evenings are impressed on my memory is that I was working late nearly every evening for a Mr. Zobodski, giving him a hand with his business, and I was very seldom round at the Petters' as I had not got time. The reason I can fix the 10th particularly is that on the 22nd or 23rd Inspector Newell called on me and asked me what I knew about Dubof, and I could fix the date by going back. Mr. and Mrs. Scheurig, Newell and I talked the matter over. If I went round to the Petters' on December 11, it was only for a few minutes, but I was not there to my knowledge. I am giving the times of day I went to the Petters' entirely from memory.
Re-examined. Newell told me he had come about the Hounsditch murders and that caused me to think of all the times I had seen Dubof.
MARIE SCHAFFER , wife of last witness, corroborated her husband's evidence as to seeing Dubof at the Petters' house on the evening of December 10, and added: At 8.30 a.m. on December 16, I went round to the Petters' house for breakfast, and there saw Mrs. Petter, Dubof, and I think, Beckov. I left and went there again at 11 a.m., and gave her the key to my house so that she should look after my baby, whom I had left alone in the house while I was going to the school to see my children. I came back to her at about dinner-time, 12 o'clock, to fetch the key, and I saw Dubof. I remember him asking Mrs. Petter for some white paint.
Cross-examined. When I returned to Mrs. Petter for the key, I stayed about 10 minutes. I do not think I saw her again that day. I see her nearly every day; we are only a few doors apart. For more than six months I have been intimate with her. On December 11 there was a party at the Petters', to which my husband and I, Mansigny Dubof and, I think, Beckov went. I left before my husband.
Re-examined. When calling on the Petters I saw Dubof a lot of fstimes.
JACOB GEISSLER , grocer, 143, Greyhound Road, Fulham. Every Friday and Monday I call on Mrs. Petter for orders. Between 11 and 12 a.m. on Friday, December 16, I called and Mrs. Petters told me to go into the kitchen. I there saw Dubof smoking a pipe; I had seen him about three times before. The next day for calling, Monday, I called and saw him again.
Cross-examined. I have been calling regularly for 12 months past. I remember it was the 16th that I saw him, because it was on that night that the outrage happened.
Re-examined. That was the first time I had seen him for several weeks. A few days after I saw in the papers that he was one of the men who were arrested.
ETHEL RAMSDEN , 18, Galloway Road. Since the February of last year I have known Dubof. On the night of December 16, at about 7.30 to 8, I was standing at my door when Mrs. Petter opened her door with the key, and as the door opened I saw Dubof going upstairs. I said "Good evening." Mrs. Petters remarked what a windy night it was. Two or three days after I heard he had been arrested. My house is next door to the Petters' house.
Cross-examined. In these houses you can open the front door with your foot on the bottom stair. I was standing at my gate, which is about four or five feet from the door, and as Mrs. Petter opened her door wide I could see through it. I am sure it was Dubof, because he turned round as I said "Good evening"; he did not answer because he does not speak English very well.
PAUL SCHEURIG , 36, Galloway Road, who stated that he had known Dubof two months before December, corroborated Franz Schaffer's evidence as to Dubof being at the Petters' house on the night of December 10, and added: On the evening of December 16 I came with Schaffer from work at about 10. We had dinner, and then I went to buy some bottles of beer. Petter's dog followed me, and after I had got the beer I went to Petter's door, and knocked. Beckov opened the door and I let the dog in. I saw Dubof and Petter washing in the scullery. I saw him again on the 18th, but not after that. I first learnt that he was arrested on the Wednesday or Thursday.
Cross-examined. I must have seen him washing several times. The dog always follows me in the street. I often went to the Petters' house, but I never went before seven or eight.
Re-examined. I have not knocked at the door at that time other nights. I do not bring the dog home in this way very often.
(Wednesday, May 10.)
CHRISTIAN WILHELM PETTER , painter, 20, Galloway Road. In the early part of 1910 Dubof worked with me at the same firm; he was introduced me as Bechov. Beckov and Dubof worked with me on a job at Claridge's Hotel for three or four weeks. He went away to Switzerland and came back in September; he was then on a job with me at the Savoy Hotel up to October 19. He came to live with me at 20, Galloway Road, sharing Beckov's room. After the finish of the Savoy job I carried on private work on my own; Dubof gave me a hand on November 10, 11, and 12. He did signboards at home for me. From November 15 till December 12, Dubof, Beckov and I were working regularly on a job at the Dieudonne Hotel. We nearly always left home together, and came home together. On December 12 Dubof was discharged because the plasterers were not ready for the painting work to be gone on with. I continued on, and when I got home at night I always used to find Dubof at home. On December 10, a Saturday, I came home by myself at one o'clock, midday; Dubof and Beckov went off somewhere together. Dubof came back at four or five. Later on Mr. and Mrs. Schaffer and Mr. Scheurig came, and the whole lot of us were together until late that night. On December 11 Dubof did not go out at all; it was foggy weather; Mr. Mancini came about dinner-time and stayed till II. I remember the night of December 16. I met Dubof about 8 or 8.15. That day I went to Chiswick to fetch an overcoat from my tailor's. I produce my tailor's account with that date marked on it. I got home at a quarter past eight, and found there Dubof and Beckov and my wife. The Schaffers and Mr. and Mrs. Scheurig came in. We all had supper; Dubof was at home the whole of that night. On December 17, I think, Dubof went out in the afternoon. On Monday the 19th I went to work as usual; coming home, I saw the name of "Zurka" on the placards, and something about the Houndsditch affair. Always calling Dubof "Zurka," I was surprised, and I bought a paper. When I got home I told Dubof about it, and he asked me to read the paper to him. He was to have gone to work again at the Dieudonne on the 20th; we talked it over, and decided that in case the police might want him he should stay at home. He wanted to go himself to the police. I noticed no difference in Dubof after the murders Between September 26 and October 19, on the Savoy job, he would be working 10 hours a day or more—sometimes very late at night, and on Sundays. I do not think he would have had any chance to go down to the East End. The same thing applies to the period between November 15 and December 12.
Cross-examined by Mr. Bodkin. I never heard Dubof mention the names of Fritz, Gardstein, Rosen, Morountzeff, Vassileva, Millstein, or Trassjonsky; I do not know that he knew anybody at 59, Grove Street. His usual language with me was Russian; he cannot speak much English.
Re-examined. I only remember Dubof staying out all night on December 3, his birthday, and on the 13th.
Mrs. PETTER corroborated her husband's evidence. She said that on December 15 Dubof was at home painting the picture (Exhibit 55). On the 16th he was in his room and about the house all the morning; after dinner, about two o'clock, he went out, saying he was going to take his picture to a friend; he came back between six and half past, and did not go out again. The witness had seen Dubof with a black watch, never with a gold watch; she had never seen him with a revolver or cartridges.
Cross-examined. We keep pretty regular hours. One day is very much like another; the visits of the Schaffers and the Scheurigs to our house are pretty frequent. When Dubof stayed away on the night of December 13 he told me he had slept with a friend; he did not say where. In my statement to Inspector Newell I am taken down as saying, "On Saturdays after returning home from work, he washed and dressed himself, and went out usually from five to seven, and on several Saturdays he did not come home all night." This is a mistake. He only stayed out twice whilst he was at our house. On the occasion of Dubof's arrest on the 22nd I translated between him and Inspector Newell; Dubof said, "I have never been to 59, Grove Street; neither do I know Fritz or Peter the Painter."
LUBA MILLSTEIN , 6, North Place, Buxton Street. I was charged at the Guildhall with Fritz, Petters, Rosen, Vassileva, Hoffman, and Federof, and I was acquitted; I was then called as a witness for the defence. In December I was living at 59, Grove Street. On the 13th, I think, Dubof' slept there in the front room with Peter the Painter. He was then drunk. On December 16 Dubof, Rosen, and Hoffman came to the house. Dubof had with him Exhibit 55. Tocmakoff, Fritz, and Peter the Painter were there. In the afternoon they were playing chess and music. I had to go out with some washing; I told Fritz I could not carry it; he asked Dubof to assist me, and Dubof and I went to the laundry together. I had to wait at the laundry, and Dubof left me there. When I got back to No. 59 Dubof was there; I cannot remember what time he left. Later that night Trassjonsky and I went to see some living pictures. On returning she and I were staying in the back room; Fritz and Trassjonsky lived there together. About midnight I heard two people coming upstairs. On my going to the front room door and knocking Fritz told me I must not come in. A little later the men left and I went with Trassjonsky into the front room and there saw the body of Gardstein lying on the bed. I heard a conversation between Fritz and Trossjonsky. Fritz told her that Morountzeff was wounded
and asked her to put cold water to his side. Shortly afterwards I went to Hoffman's room in Lindley Street. Fritz and Federof and Peters were there. I heard Fritz say that he carried Gardstein like a baby; also that he wanted to leave him near Commercial Road, but he started screaming. I saw a revolver in Federof's hand; I had seen no other revolvers that night.
Cross-examined by Mr. Stewart. I have known Vassileva for some time; she used to go to the club in Jubilee Street; Peter the Painter used to go to the club, and there were political speeches there. I never saw Peter the Painter with firearms. (Shown the photograph (Exhibit 103a) of the girl Masha.) I never spoke to her; but I have seen her at the club; I have seen her wearing a collar and muff and scarf similar to these produced. Peter the Painter had a key to 59, Grove Street. Besides Fritz, Marx, Federof, and Morountzeff I saw no one else come to the house on the night of the 16th.
Cross-examined by Mr. Bodkin. I have been seeing Vassileva for about two years; I never saw her in company with Peter the Painter and I never had any conversation with her. At one time I lived at Newcastle Place with Fritz; Dubof came there a little; Rosen used to come often; Gardstein and Hoffman also called there; I have seen Vassileva in conversation with Fritz; Dubof used to call a little at 59, Grove Street, after eight o'clock at night; I think he came to see Fritz, also Peter the Painter. Trassjonsky never went out with any of the men who came to 59, Grove Street; so far as I know she did not know Vassileva. When I went out with the washing I think it was about two o'clock; in my evidence at the police court I said I thought about 1.30 that I went out and that I got back about two. I am sure I saw him in the house before I went to the laundry; he was in the room with Rosen, Hoffman, Fritz, Peter the Painter, Tocmakoff, Marx, and Josef. In my statement to Inspector Thompson I said it was about 12.30 that I first went into the back room where Dubof was with the others; so that Dubof would be there an hour or so before he and I went out. Before December 16 I had never seen a pistol or dagger in the place. I know that on the 17th, when the police came, they found a quantity of cartridges, iron bars, and so on in the room. I cannot say how they came there. I remember Marx about three o'clock that afternoon bringing in a long narrow packet done up in paper; I should think Dubof was there then. At the end of July Fritz and I became bad friends, and he left me; in a fortnight he came back; he then had several watches; Gardstein gave him another watch; Exhibit 155 is the watch Gardstein gave Fritz. Fritz gave me a watch which I let him have back to pawn; that was shortly before December 16. If the watch was found in Vassileva's possession I cannot explain how it got there. As to the pawnticket being found upon Trassjonsky, Trassjonsky told me that Gardstein gave her the ticket when he was lying wounded. Rosen usually came to 59, Grove Street, in the evening.
To Mr. Leach. It was after our quarrel that Fritz gave me this watch; I never saw Vassileva wearing this watch.
JOSEPH BACKX , job foreman, Turpin and Company, 17, Berner's Street, W. Dubof was employed by my firm at work on the Savoy Hotel in the autumn of last year. I produce his time-sheets (Exhibit 140) for that job from September 26 to October 19. They are made out by him and countersigned by me and I send them to the office. I make out separate time-sheets myself to check his. We start work at 7 a.m. and I have to see that all the men come in and if he comes late to book him late. There is an hour's interval for dinner. He left work at 6 p.m. Exhibit 140 shows that he worked 15 hours on October 1 and 16 hours on October 2 and on the following Saturday and Sunday we worked 15 hours each day. The second half of Exhibit 140 are the time-sheets made out by him for the Dieudonne job and show that from November 15 to December 12 he was continuuously at work except Sundays and that he left work at 1 p.m. on Saturdays. Exhibit 141 are the time-sheets I made out myself for that job, and neither Exhibit 140 nor Exhibit 141 show that he was absent at any time. We found him a steady, good workman. We asked for him on December 18, but found he had been arrested. He left work on December 12 because we had to wait for the drying time up of the premises; the work was behind time.
Cross-examined by Mr. Bodkin. The only three Sundays he worked were October 2, 9, and 16. It is true that the time-sheets only give the number of hours he has worked and not the times he started and left off work, but I was there to see the men did not arrive late or leave work before the proper time. They never worked all night although there may have been a few hours' overtime. If a man worked at night he would not come on so early in the morning; he would be booked in next day and might make his 10 hours up although he did not begin at seven. The 15 1/2 hours on the Wednesday does imply that he started work at seven.
Re-examined. The ordinary time is 10 hours a day. If a man works overtime he is paid according to the time; he is paid time and quarter from six to eight and so on; so he really works less time than appears on the time-sheets. It is my duty to see that the men come and leave at the proper time. Dubof always attended regularly.
(Defence of Rosen.)
JOHN ROSEN (prisoner, on oath). I understand English a bit, but not much. I am a hairdresser and reside at 112 Well Street, Hackney; I was born at Riga; I am 26 years old, and my father's name was Tzelin. I came to this country in January, 1909, adopted the name of "Rosen," and entered the employment of a hairdresser named Strosch at High Street, Poplar. I was there about 10 months. I then went to live at 29, Great Garden Street, where I stayed about two weeks. I then went to 27, Dockhead, Bermondsey, where I entered the employ of Weinberg, a hairdresser. I remained there until about August last year. Whilst working there I returned several times to my lodgings at Great Garden Street, where I was friendly with the
family. I became acquainted in this way with Fritz, Hoffman, and Peters. Fritz is no relation of mine, and I bad never seen him before I saw him there for the last time just after Christmas, 1909; I next saw him last summer in Hoffman's room at 36, Lindley Street; I sometimes visited him after that at 35 (or 39), Newcastle Place, and also at 59, Grove Street. I visited Hoffman at Lindley Street also, when I used to see him in company with Fritz, Wolff, Braun, and many others; I have seen Fritz there two or three times; he used to play the mandolin, which I also could play. I think he is an actor, I have seen him sing at the Union Club. I knew him to be a kind man; I did not know that he was engaged in criminal practices. After leaving Dockhead in August, 1910, I went to manage a barber's shop for Weinberg, who had bought another business at 112, Well Street, Hackney; I took all the receipts; the shop was not in very good order, and I went there to work it up. For about four months a boy was working with me; I do not know his address; he left about six or eight weeks before Christmas. The premises consist of the shop and a small room at the back in which I slept. From the time I went there until I was arrested I never slept anywhere else. Weinberg sold the business to Wilcin on December 5, and on December 12 Wilcin came to live there. In the first week in December I was living there alone, with a boy to help in the evenings. I was never out as early as 8 a.m. because I was working late; I was never in Houndsditch during that week, or in any week as early as 8 a.m. I opened the shop at 8 a.m. every day. Between 10 and 11 a.m. on December 5, Wilcin came and stayed till dinner time, when he went out for an hour or so. He then came back and stayed till I closed the shop. The rent collector also called between 11 and 12 a.m. I did not leave the shop at all that day; I sent to a coffee shop for my food. I do not think I was out any evening that week except Thursday. I usually went out on Thursday evenings, because I closed my shop at 2 p.m. and went to see Miss Campbell, who is now my wife. I was with her this evening until about 11 p.m., and I then came home. On December 12 I opened the shop at the usual time and closed at 9.30 p.m. I did not go out at all that day. The rent collector came in the morning, and then just after dinner came an old man from Weinberg's son to fetich his bed away. Between 4 and 5 p.m. Wilcin came. I was not in Houndsditch at all that day; I have never seen the place. I never saw Dubof or any of the other people on that day. I did not go out at all on the following day, the 13th. In the afternoon Janson came with two other men, and about 5 p.m. Wilcin came there to stay; he slept in the same room as me, and continued to do so from that day. I did not go out at all on the day he came, neither did I go out the following day, the 14th, because on that day I stopped in bed nearly all day because I was not feeling very well. Wilcin was there all that day. On the next day, the 15th, I felt still queer and did not work. I did not leave the house; I got up about 1 or 2 p.m. In the evening I went to see Miss Campbell; I married her two days before I was arrested. Whilst with her I met none of the people said
to be concerned in this affair. I left her shortly before 11 p.m. and went home. I did not leave home again that night. Just after 1 p.m. on the following day, the 16th, I went out and met Hoffman in Commercial Road, and, in consequence of something he said, I went to 59, Grove Street, arriving there about 2 p.m.; Hoffman said he was going to see Fritz, and as I knew Fritz also I went with him. I saw there Fritz, Peter the Painter, Millstein, and Trassjonsky. As far as I know the others arrived afterwards. I am not sure about Tocmakoff. I played chess with Peter the Painter. There was no discussion in my presence about a robbery at Exchange Buildings; I never heard such talk in Fritz's room. I left about 4 or 5 p.m. and went with Hoffman to a picture show in Whitechapel Road; Hoffman is the man I refer to in my statement as "Masais." I left him at his door in Lindley Street at about 9.30 and went home. I did not go out again that evening except to go across the road to a fish shop to get some food I slept as usual with Wilcin. I did not know that anybody contemplated committing a robbery that night. I have never been in Exchange Buildings, and do not know where they are. I have never worn a cap in England. I have never carried a bag in Houndsditch, and I have not see the two bags (produced) before these proceedings. I made two statements to Inspector Newell, the second of which was true. I have never walked with Gardstein or Vassileva in the street, and I have never gone with Gardstein or Dubof to see her in Buross Street, although I have been several times with Hoffman. I did not go to see anybody especially. Fritz was a fellow-countryman of mine, and in the autumn I used to visit him at Newcastle Place, sometimes once a week and sometimes not for two weeks. When he left there to go to 59, Grove Street I saw him four or five times there. I never agreed with him or anyone else to commit a robbery. I have never been a member of any Anarchist club, but I went two or three times to the Jubilee Street Club the first year I was in England; I have never been since. In Russia I was a member of the Social Democratic Party, but since I have been in England I have belonged to no such party. I know Sanson. He has made a statement to me about his absence. Greenberg had promised to be present at my marriage, but he was not there.
Gross-examined by Mr. Melville. I have never while in Hoffman's rooms seen Gardstein and Dubof together. My first statement was made, I believe, two days after my arrest; I was for six days at the police station and I was questioned every evening; I answered and then came the statement. I was defended by nobody at that time. I know Dubof came to 59, Grove Street on December 16 after I had arrived; I arrived at two p.m.
Cross-examined by Mr. Leach. Hoffman was friendly with the landlord of 59, Grove Street and used to call often. I heard Bessie Jacobs state at the police court that she had seen Vassileva take down the shutters at 11, Exchange Buildings. Trassjonsky then exclaimed, "I am the woman, not her." I never saw Peter the Painter at the Jubilee Street Club).
Cross-examined by Mr. Bodkin. I cannot see the smallest resemblance between Vassileva and Trassjonsky. I remember Police-constable Woodward looking after me at Bishopsgate Police Station on February 6 and having a talk with him. I did not say to him, "If I know something and do not tell them, what will they do with me?"; I do not think he understood me very well. His account of the conversation we had is not very correct; I did not tell him that I could show where a man and woman who were concerned in it lived. On February 2 I made an untrue statement as to not having known Fritz and then I made the true statement to Inspector Ottaway two days before I had this conversation with Woodward, and what I really asked was if it meant something bad for me because I had made an untrue statement at first. The reason why I said that I did not know Fritz, Peter the Painter, Peters, Federof, and all the rest was because I knew those persons were committed with the Houndsditch murders, and I did not like to be committed with them; I did not want to be implicated in their affair. It was not a surprise to me to be arrested, because I had been told that Inspector Newell was at various places looking for me. I thought if I said I knew nothing of these people perhaps he would not keep me at the station; I had been married only two days before and I was thinking about my living. I first met Dubof at 74, Wellesley Street on about March 10. I think I saw him once at Wolf Brown's. I was at Brown's house several times, because Hoffman, whom I am very friendly with, lived there. I was also friendly with Brown and I used to go and play chess with him. Hoffman was called at the police court. I used to see him in his room at Brown's in company with Fritz, Gardstein, but not Dubof. I never had a little brown bag. The reason I went to Vassileva on December 18 was that I had found Hoffman out and I thought he might have gone round there. I did not understand her when she asked me if I had brought trouble with me and I said, "I do not know." I did not ask her what she had been doing in Exchange Buildings on her telling me she had been there. It was about half an hour after I arrived at 59, Grove Street on the 16th that Dubof came; that was the first time I had seen him that day.
(Thursday, May 11.)
JOHN ROSEN , recalled, further cross-examined by Mr. Stewart. Bifstek was a sailor living at 11, High Street, Poplar, where I once lived. I afterwards met him with his landlord's daughter (Miss Pearlman). At his invitation I visited him at 29, Great Garden Street, where Fritz and Peters were living. Old Mr. Pearlman moved to 74 or 76, Great Garden Street. I know Hoffman as "Maises" and Gard-atein as "Buika." After a time Hoffman left Wellesley Street and went to 36, Lindley Street. I did not know anything against Hoffman. Peter the Painter was sometimes at that address; he was friends with Fritz. I cannot say Peter the Painter had plenty of money; he was well dressed; he had the appearance of being better off than the rest of us. I also saw Gardstein at 36, Lindley Street. I have never seen.
Vassileva at 59, Grove Street; I made her acquaintance at 29, Great Garden Street, and believe I saw her at 74, Wellesley Street, where Vassileva afterwards went to. She came sometimes into the landlord's room, and I learnt from him that she was his lodger and made cigarettes; I bought some from her before the murders, but not after. I knew from the papers that Gardstein had been shot on December 16. I cannot say whether Gardstein and Vassileva were great friends.
Re-examined. I knew on February 2 that my arrest was contemplated, because I heard that Inspector Newell was asking for my photograph and wanted me for the Houndsditch murders. I told Newell everything I knew about these people. I was a frequent visitor at Hoffman's lodgings and there saw Woolf, Fritz, and Peter the Painter. I saw Vassileva at Buross Street on the Sunday after the murder. I have never been to Cutler Street, Middlesex Street, or Stoney Lane.
SAMUEL WEINBERG . I am a hairdresser at 27, Dock Head. Ber-mondsey. Rosen was with me there from Christmas, 1909, till last August Bank Holiday, and afterwards at Hackney; he slept in the parlour. I sold the Hackney business to Willcin on December 5. I have never seen Rosen wearing a cap.
To Mr. Bodkin. Rosen never had a bag in my place. He was in sole charge at Well Street for a time.
FRED WILLCIN , hairdresser, 112, Well Street. I bought the business on December 13 last from Weinberg; Rosen managed it. I saw him there on Monday, 5th, at nine in the morning and half-past seven at night. Rosen worked for me till February 2. He did not go out on he evening of December 13 or the next day. On the 15th he went out after the shop was closed. On the day of the murders he went out between twelve and one and returned about ten o'clock: he did not go out again; we went to bed at 12 o'clock. I have never seen him with a cap.
To Mr. Bodkin. I cannot remember when I first heard about the finding of Gardstein's body; I never spoke to Rosen about it. I read in the papers about the murders; I cannot remember whether I read it to Rosen. On February 7 I made a statement to Inspector McLean, in which I said that I read an account of the murders to Rosen and as he did not appear to understand it I explained it to him. He said he did not know the photo of Gardstein. Rosen asked me where Grove Street was; I showed it to him on a map. He said he did not know any of the people in custody. I do not know what Rosen did at nights at Well Street prior to my living there; he was in sole charge. Exhibit 161 has my signature on it; when I made that statement I was under the impression that Rosen never left the shop on the 16th, but I remembered afterwards that he was out. Rosen and I discussed the Hounsditch crimes: he never said he knew any of the persons mentioned in the paper.
To Mr. Bryan. I made a mistake when I told Newell that Rosen did not go out on the 16th. I was not called at the Guildhall as a witness.
Mrs. ROSE ROSEN , wife of prisoner Rosen. I was married on January 31. We became acquainted when he lived at Dockhead. I received a letter from him on December 14 and met him on Thursday, the 15th, between half-past five and six and left him about eleven or after. I next met him on Sunday, 18th; he was in his usual condition. He only mentioned two of his friends to me; one was Hoffman. I have never seen him wearing a cap. Before my husband's arrest a detective called on me and showed me his photo; my husband told me if they called again to send them to Hackney. To Mr. Bodkin. At the time the police came we were not mrried. ROBERT WILLIAMSON , rent collector, 5, Cassland Road, Hackney. I collected the rent of 112, Well Street, Hackney, between August and December 5 last year from Rosen on Mondays, generally between eleven and one. I am positive Rosen paid me on December 5 and 12.
To Mr. Stewart. The watch has been in the possession of the police since February 7 and was at the police court ready to be produced. I believe the Treasury knew it was in the possession of the police. The watch was not produced when Millstein was giving evidence.
Mr. Bodkin said in view of the cross-examination of the witnesses as to apparent unfairness or irregularity in the identification he proposed to call the officers who were in charge.
JOHN COLLISON , recalled. About six o'clock on December 23 I received instructions to prepare for an identification at the Bishops-gate police station I arranged to use the chief inspector's room. The witnesses arrived between-a quarter to seven and a quarter past. Chief-inspector Hayes was the officer on duty. Peters and Dubof arrived between half past seven and a quarter to eight. It was arranged that they should come through New Street and Rose Alley, so that they should not be seen by any of the witnesses. I took no part in bringing any of the men in who stood in the row; that was done by other officers.
To Mr. Melville. I do not know who the officers were. I do not know that Peters has been asked whether it was three o'clock in the morning. I was in the muster room when prisoners came in. I took no part in the identification. There were no other people in the corridor when they came through.
To Mr. Stewart. I do not remember Isaac Gordon saying at the Guildhall, "On the Monday Vassileva asked him to go to a particular friend of hers, a doctor, and ask him if he could let her stop at his house." I did not speak to the prisoners at the police station on the 23rd.
Re-examined. It was arranged that the prisoners should be brought to the station at dusk, owing to the people about the station and to avoid the witnesses seeing them.
Chief-inspector DANIEL GEORGE HAYES , City Police. On December 23 the witnesses arrived in batches from a quarter or twenty minutes to seven to a quarter past; Dubof and Peters were brought in some time later. Entry 592 in the charge-book was made under my direction and it records the time—8 p.m.—as the time when the prisoners came. Several officers were sent to get men in from the street to stand up far identification; all the men brought in were not accepted. I told the prisoners they were to be identified and to place themselves anywhere they liked in the row, which they did; after each identification they were asked if they wished to change their positions; they did so. Each witness was brought from my room into the office; then there was another door which was shut; then they came through another door which was shut; they were then told to examine the rank, and, after examining, those who identified were sent to one part of the station, those who did not to another. At the end the prisoners said they were satisfied with the identification.
To Mr. Melville. Police-constable Piper is the officer who nearly identified Dubof. He was the only officer in the room where the witnesses waited prior to seeing prisoners. It is not usual to prevent witnesses talking together before they go in to identify. The instructions to the officers were to get some men to stand in a room for witnesses to identify. I do not know if Woolf Braun was one of the people. I do not know if Isaac Levy and Craigie swore there were only five foreigners in the row—two besides Peters, Dubof, and Federof. I did not hear Peters say that he made a complaint. I cannot say whether the prisoners were brought there unwashed and unshaven. I do not think there was a description of the men wanted on the station. The witnesses were warned by officers to come to the station. There were five or six officers in the room at the time of the identification.
To Mr. Stewart. I was not in charge when Isaac Levy purported to identify the girl as the girl with Gardstein on the 16th.
Chief-inspector PETER SEATON , City Police. On December 29 a number of persons were got from the street and placed in the yard at the back of the Guildhall Police Court, among whom Peters and Dubof were put. The men were selected for their resemblance to prisoners. Mr. Robert Humphreys, solicitor, and a gentleman from the Russian Consulate were present. The prisoners were asked after the identification if they were satisfied with the fairness of it, and they said they had no complaint. Mr. Humphreys and the Russian gentleman also expressed themselves satisfied.
To Mr. Melville. No doubt I saw sketches and descriptions of prisoners in the papers. I do not know if there were any foreigners in the row at the Guildhall.
To Mr. Bodkin. Mr. Humphreys told me he represented all the prisoners at the direction of the Russian Consul.
To Mr. Melville. I knew yesterday that there was a question as to the identification of these people. The witnesses were in the room about a quarter to seven and the examination was not over till nine.
Mr. Stewart, on behalf of Vassileva, called only a witness to character, ABRAHAM MALMSKY , manager to Messrs. Millhoff, who said that Vassileva had worked for the company and her character was very good. Her average earnings were 25s. a week.
Mr. Bodkin asked for a ruling as to the order of speeches. He submitted that if a counsel representing a defendant as to whom no witnesses are called puts any questions and elicits facts from witnesses called by other defendants, he makes those witnesses his witnesses; putting those questions, not in cross-examination, but for the purpose of eliciting facts from witnesses called for the other defendants, is in fact the giving of evidence on behalf of the person he is representing. Further, the rule had been followed on many, many occasions, especially in charges of conspiracy, that where the cases of different defendants are intimately involved the Crown has a general right of reply. Mr. Bodkin contended that the questions put by Vaasileva's counsel to Peters, Dubof, Millstein, and Rosen were in the nature of eliciting facts on Vassileva's behalf.
Mr. Stewart said he was unaware of any case that had been taken to the C.C.C.R. or the C. Cr. App. in which Mr. Bodkin's proposition had been maintained. If counsel for one prisoner finds in the witness-box witnesses, called either by the prosecution or by other prisoners, who give evidence concerning his client, it would be a monstrous hardship and a reversal of well-established practice to say that, because counsel availed himself of the opportunity to cross-examine those witnesses, he should be deprived of the last word, to obtain which (or largely so) that counsel had refrained from calling evidence.
Mr. Justice Grantham said that as a matter of strict law he was of opinion that Mr. Bodkin was right in his submission. Unquestionably Mr. Stewart had made these witnesses his witnesses; in the course of cross-examining them he had repeatedly stated, "I must get out these facts for my clients." Strictly, therefore, the Crown was entitled to the last word. But in a case of this gravity his Lordship did not wish it to he said that anything had been done having even the semblance of injustice to the prisoners, and, under the circumstances, the usual course must be followed where one counsel did not call witnesses and others did, namely, that he had the right to wind up, and counsel for the Crown must speak before him.
Accordingly the order of addresses to the jury was: Mr. Melville, for Dubof and Peters; Mr. Bryan, for Rosen; Mr. Bodkin, for the Crown; Mr. Stewart, for Vassileva.
(Friday, May 12.)
Verdict, Peters, Dubof, and Rosen, Not guilty; Vassileva, Guilty; the jury recommended that she should not be deported.
On the indictment against Dubof, Peters, and Vassileva charging them with feloniously harbouring, comforting, assisting, and maintaining George Gardstein, knowing him to have, with a loaded pistol, feloniously shot at Robert Bentley with intent to murder him, Mr. Bodkin offered no evidence and they were formally acquitted.
*Cf. R. v. Jarvis and others, Sessions Papers, CLII., p. 34; see also the cases collected in Archbold's Criminal Pleading, 24th ed., p. 223.—H.D.R.
It was stated on behalf of Vassileva that she was a political refugee from Russia, but that she had always borne a good character; she seemed to have come under the influence of Gardstein, with whom she was living, and his associates.
Mr. Justice Grantham, remarking that without the jury's recommendation, he should certainly have deported her, and that he regarded this as a serious case, sentenced Vassileva to two years' imprisonment.