Vol. CLV.] Part 922.
CENTRAL CRIMINAL COURT
HELD JULY 17TH, 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 Monday, July 17th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, Alderman, LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE , one of the Justices of His Majesty's High Court; Sir GEORGE FAUDEL-PHILLIPS, Bart., G.C.I.E.; Sir JAS. T. RITCHIE, Bart.; Sir JOHN C. BELL, Bart.; Sir T. VANSITTART BOWATER, Knight; Sir GEO. WOODMAN , Knight; and JAMES ROLL , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner; and His Honour Judge RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City and Judges of the Central Criminal Court.
Sir HENRY C. BUCKINGHAM, Kt.
E. V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Monday, July 17.)
SIDNEY REGINALD DYER, Medical Officer of Brixton Prison, having stated that prisoner had been certified as a lunatic and was now de-tained under a Home Office order, no sentence was passed.
Mr. A. M. Wilshere prosecuted; Mr. C. A. Black defended.
ALBERT JOSEPH PERRY , clothier, 26, Duke Street. At about 3.30 p.m. on Friday, June 23, the day of the Royal Procession, I went into a urinal in Ludgate Circus by the entrance stairs. I had my coat buttoned up and my watch in my waistcoat pocket; I noticed prisoner at the bottom behind the stairs. Before coming out I buttoned up my jacket and came out by the same steps, when I noticed two men behind me, one of whom was gently pushing me, and in front of me was prisoner, who had gone out of the urinal and was now coming down again. I remonstrated with prisoner for blocking up the steps and he said something about wanting to get down; then the three closed round me, prisoner alone being in front. When I got out I found my jacket undone and my watch gone. I complained to a police-con stable; we waited at the top of the steps, when prisoner came out of the exit staircase. I said, "You are the man who hustled me on the steps and blocked the way," and accused him of having stolen my watch; he denied it; I gave him in charge; he was searched; my watch was not found on him.
Cross-examined. I am sure I had my watch when I went into the urinal; the place was not crowded. Prisoner came in and went out by the proper steps. When I first saw him in the urinal I became sus-picious. The police-constable was just outside the urinal.
The Recorder having stated that there was not sufficient evidence to justify a conviction—it was merely suspicion—the jury returned a verdict of Not Guilty.
LAMB, Alfred Chas. (44, porter), pleaded guilty of stealing a postal packet containing a postal order for the payment of £1, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence, nine months' hard labour.
WALL, Frederick Louis (23, messenger), pleaded guilty to stealing from a postal packet in course of transmission by poet, a postal order for 6s. and four penny stamps, the property of His Majesty's Postmaster-General; stealing from a postal packet in course of transmission by post, a postal order for 4s. and four penny stamps, the property of His Majesty's Postmaster-General.
Prisoner was not a servant of the Post Office; he bore a good previous character.
Sentence, Three months' hard labour.
HOLDHAM, Alfred (33, uxiliary postman), pleaded guilty of stealing a postal packet containing a postal order for the payment of 9s. 6d. and four penny stamps, the property of His Majesty's Post-master General, he being an officer of the Post Office.
Sentence, six months' hard labour.
STILTON, Richard (22, electrician), pleaded guilty of burglary in the dwelling-house of Jules Myers and stealing therein two teapots and other articles, his goods. Stealing a tea service and other articles, the goods of Henry Etheridge.
Sentence, six months' hard labour on each count, to run concurrently.
FOLEY, Edd. (37, carman), pleaded guilty of attempting to break and enter a certain shop in the occupation of Joseph Mariani, with intent to commit felony therein. Being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, a jemmy.
Prisoner confessed to having been convicted of felony at the Guild-hall on November 18, 1909, receiving three months' hard labour for stealing books, after two other summary convictions.
Sentence, Twelve months' hard labour.
WILSON, Alfred (25, labourer), pleaded guilty of forging and uttering, knowing the same to be forged, a banker's cheque for the payment of £3 10s., with intent to defraud. Obtaining by false pretences from James William Saunders a forged instrument, to wit, a banker's cheque for £3 10s., with intent to defraud. Forging and uttering, knowing the same to be forged, a banker's cheque for £2, with intent to defraud. Obtaining by false pretences from George Jenner a forged instrument, to wit, a banker's cheque for £1, with intent to defraud.
Prisoner confessed to having been convicted at this Court on October 10, 1905, receiving three years' penal servitude for country house breaking. Other convictions proved: Guildhall, September 12, 1902, bound over for attempting to steal; Mansion House, November 10, 1902, 14 days' hard labour for stealing mutton; April 27, 1903, three months' hard labour stealing postage stamps; August 6, 1903, one month, Guildhall, for unlawful possession; November 16, 1903, nine months' at this court for warehouse breaking; September 13, 1904, 12 months' hard labour at this Court, warehouse breaking; October 16, 1905, three years' penal servitude at this Court for house-breaking; three other short convictions.
Sentence, Three years' penal servitude.
WM. DARDENNE , cabinet maker. On July 3, at 10.45 p.m., I was in Randolph Street, Camden Town, when prisoner, another man, and a female approached me. The woman embraced me and used an endear-ing expression; the other man hustled me and I felt prisoner's hand in my trousers pocket; he ran off; the others hustled me, preventing my following prisoner. I struggled across the road and called out to a police-constable to stop the prisoner, which he did, and I gave him in charge. Prisoner said, "You are not going to charge me, are you?" I had 6d. and about six pennies in my pocket which was taken.
Police-constable FREDERICK WATTS , 25 YR. On July 3, at 10.45 p.m., I was on duty in Randolph Street when I saw prisoner, prosecutor, and another man and woman struggling under the railway bridge. Prisoner came towards me. I was going to stop him when prosecutor shouted, "Stop that man, he has robbed me." He came up and said, "He has robbed me of 1s. or 1s. 2d." On the way to the station prisoner said, "I was not the only one there, there were more than me." At the station he said, "Are you going to charge me. There were others besides me. Why did you pick on me!"
In defence prisoner stated that he was innocent; he pointed out that no money was found oh him.
Verdict, Not guilty.
The Recorder stated that prisoner had been repeatedly convicted; he was very fortunate to have been acquitted.
Prisoner confessed to having been convicted at South London Ses-sions on December 16, 1908, receiving three years' penal servitude for stealing a coat; 20 other convictions including several terms of penal servitude were proved.
Sentence, Five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Monday, July 17.)
SEYMOUR, Charles (16, porter), pleaded guilty of feloniously forging a request for the delivery of goods, to wit, for the delivery of 3 5-8 yards of cloth with intent to defraud, and of stealing 1 1/2 yards of cloth, the property of Victor Messenbaam, his master.
Sentence was postponed to the next sessions in order that prisoner might be under medical observation.
Mr. Forrest Fulton prosecuted.
ARTHUR EDWARD BURROWS , porter, Great Northern Railway, King's Cross. At about 5 a.m. on July 4, I loaded prisoner's van, No. 2,255, in the dock. He is employed as carman by a contractor for the company. This sheet shows the nature of the things I loaded on the van and is made out by me. It includes no loose wrappers. Beside the van there were several bundles of them.
Cross-examined by prisoner. I saw you nowhere near the van.
FREDERICK ABLETT , caller-off, King's Cross goods yard. At 4 a.m. on July 4 I was on duty at the up-shed at King's Cross. The first and third entries made by me in this invoice relate to two packages of wrappers which I took from a waggon, put on a barrow, and sent to the empty department. I never saw them again.
Cross-examined by prisoner. I did not take the wrappers from the high level.
Police-constable FRANCIS JOHN ASH G.N.R. CO. At 7.45 a.m. on July 4 I was on duty at King's Cross when I saw prisoner's van with prisoner not with it. The vanboy drew it from the dock on to the fish road. He went away and about ten minutes after prisoner came up and tied his load on to the van. On the top of one of the crates there was this bundle of wrappers (produced), addressed to Messrs. Tamplin, which he covered over with a sack. He then drew it on to the weigh-bridge. On his coming off I asked him to give me his delivery-sheet and he did so. This is it (produced). I found no entry in it relating to the wrappers. I said to him, "You have some wrappers on there?" and he said, "I do not know."
To prisoner. I did not see you put any covers on the van.
To the Court. Prisoner did not come from the direction of the dock.
Police-constable BELL SIMONS , G.N.R. CO. At 7.45 a.m. on July 4 I was on duty in the goods yard at King's Cross when I saw prisoner's van in the fish road; I saw prisoner lift on his load on to it and then throw his bait sack on to this bundle (produced) that was on top of the load.
WILLIAM RICHARD , foreman, goods yard, King's Cross, G.N.R. Co. At about 8.50 a.m. on July 4 I examined prisoner's van when I saw on the top of his load this bundle (produced) addressed to Messrs. Doble.
Prisoner's statement before the Magistrate: "I do not know how the wrappers got on to the van."
The Common Sergeant, stating that there was insufficient evidence to convict, invited the jury to return a verdict of Not guilty, which they accordingly did.
She committed bigamy in the absence of her husband, who had been in Canada 18 months and had not communicated with her.
Sentence, One day's imprisonment, entitling prisoner to be immediately discharged.
BEFORE MR. JUSTICE LAWRANSE.
(Tuesday, July 18.)
Mr. Muir, Mr. Symmons, and Mr. Travers Humphreys prosecuted; Mr. George Elliott, K.C., and Mr. Cassels defended.
Sentence, Five years' penal servitude.
Mr. Curtis Bennett prosecuted; Mr. C. A. H. Black defended.
Mr. Curtis Bennett, stating that it was clear that prisoner, who was a man of good character, had acted in self-defence, offered no evidence, and a verdict of Not guilty was returned.
Mr. E. L. Hadfield prosecuted.
ELLEN MARY PICKFORD , house physician, Royal Free Hospital, Gray's Inn Road. On July 5 Eliza Ross was admitted; she was suffering from eight cuts about the head and shoulders and one cut on the right forearm; the longest one was an inch long; they were only skin deep. This knife (produced) could have caused them.
ELLEN GENT , 62, Lever Street, St. Luke's. Ross lives in the same house with me. On July 5 I was standing at the door with her, when prisoner came from behind a van and stabbed her two or three times with an open knife which I saw in his hand. I got a shovel and beat him away. He walked straight away.
Cross-examined by prisoner. Ross did not have a poker and I did not have a shovel when you came up.
Police-constable SAMUEL PARKS , 523 G. At 8.45 p.m. on July 5 I saw prisoner walking down Central Street. I told him I should arrest him for stabbing a woman. He made no reply. When charged at the station with attempted murder, he said, "I wish it had been a revolver; I wish it had been murder; I meant to do her in." A woman in the crowd handed me this knife. He was sober at the time.
ELIZA ROSS , book-folder, 62, Lever Street, E.C. I have known prisoner for 17 years, and during the last nine years I have lived with him; I parted from him in April, because he has been such a bad man to me. On July 5 I was standing at the door with Mrs. Gent when prisoner came from the back of a van with something in his hand. I shut the door as well as I could, but he forced it open, rushed into the passage, and stabbed me in the back, saying, "You f—w—; I will stab you to death. I have got you at last." I fell to the ground and crossed my arms. He stabbed me through the arm and dug me four times in the head. Mrs. Gent beat him off with a shovel. I got up, and he came and said, "You are not dead yet, you f—w—."He threw the knife at me and ran down the passage. I went to the hospital where my wounds were dressed.
To prisoner. I was not standing at the door with a poker. Mrs. Gent did not have a shovel. I have never split your head open with a poker; I have been too frightened of you. I did not on April 3 stab you with a hat pin. It is true on that day you brought in a man named Martin, but he was a stranger to me. You were the worse for drink then.
Prisoner's statment, before the magistrate." Are you not going to call the woman what is supposed to be her mother—the woman what adopted her?"
THOMAS ROBINSON (prisoner, on oath). I was walking the other side of the road when, as soon as the prosecutrix's son had drove away from the door with his van, I saw her and Mrs. Gent in the doorway; she had a poker and Mrs. Gent had a shovel. I went to the door to ask why two of her "fancy" men had assaulted me on the previous Saturday. She slammed the door and I rushed into the passage. I pushed her and she fell down. I do not remember ever having used a knife; I had a knife but I never had it in my hand. When charged with stabbing her, I said, "I don't know anything about it."
At prisoner's request a long statement was read. In it he detailed the circumstances under which he had met prosecutrix and accused her of immoral relations with other men, concluding, "I must have been sodden with drink, seeing her and another woman at the door,
one with a poker and the other with a shovel. I do not know what I did."
Verdict, Guilty of wounding with intent to do grevious bodily harm.
A number of convictions were proved for drunkenness and assaults; prisoner had been convicted on three occasions for assaulting the prosecutrix.
Sentence, Eighteen months hard labour.
MARLOW, Henry (64, engineer), and LYSTER, Martha (63) , both conspiring and agreeing together unlawfully to propose to James Robert Bain to abstain from publishing divers matters and things touching the said James Robert Bain, with intent thereby to extort money from him; both unlawfully proposing to the said James Robert Bain to abstain from printing and publishing divers matters and things touching the said James Robert Bain, with intent thereby to extort money from him; both feloniously sending, knowing the contents thereof, a certain letter demanding money with menaces of the said James Robert Bain.
Mr. Gill, K.C., and Mr. Graham-Campbell prosecuted.
Lyster pleaded guilty.
JAMES ROBERT BAIN , 7, Sloane Court, and at Bolton Hall, Glosford, Cumberland. I am a retired colonel in the Militia, a J.P. for Cumberland, and was from 1900 to 1906 the member for the West Division. In 1877, when 26 years of age, I was hunting near Carlisle, when I made the acquaintance of Sarah Holland, who was manageress of the hotel at which I was stopping; she was considerably older than I. In the following year she was in the family way and I at once gave her a written intimation that I would provide for her child when it was born. I afterwards learnt she had had a still-born child at Manchester. I provided her with money to start a boarding house in London, and gave her financial assistance from time to time. I saw her once in Keppel Street and only once subsequently to that. She died in 1908. In 1905 prisoner came to my club, the Junior Carlton, told me had come on behalf of Miss Holland, and suggested that if I gave him £200 he could square the matter up for me, and that it would be a very serious thing for me if I did not, as I was a member of Parliament. I would not recognise him in any way and told him to leave the club. After Miss Holland's death I received a telegram from Lyster in response to which I sent £50. From time to time I paid her sums amounting in all to £1,600, the greater part of which I understood was to pay Miss Holland's debts. Realising how foolish I had been I stopped. At the beginning of 1910 I consulted my solicitors and they wrote Lyster. Up to and from that time I received a great number of letters from both prisoners; I sometimes received four or five postcards and telegrams from her a day, at my house, my club, and my country house. For the last 18 months Marlow has called repeatedly at my house and club; he has rung me up on the phone, sometimes as late as 11.45 p.m. The secretary on one occasion requested him to leave the club because he was hanging about there. On January 24 I received the following letter from him:
"After my interview with you last week and your promise to deal with Mrs. L.'s distressed position I am surprised to find you have done nothing whatever in the matter—and let me tell you unless you attend to her at once there may be disclosures made reflecting upon your connection with Miss H. that you will find most difficult to deal with. Do not play the silent fool any longer, but deal with it by adding to the £1,700 you have paid the amount I have suggested, £2,000, and this will reach the finality you have so long wished for and expressed to me by you whenever I have seen you. With all respect I say you must do as I suggest or a most serious stage may be reached and render it impossible for the matter to be hushed up for any amount." I also received this letter dated February 22, 1910, which contains these passages: "I have just left Mrs. Lyster in a dreadful state of mind, which if you do not relieve immediately I fear most serious consequences will follow—I mean to you.... You may take my word for it as a brother mason you will never hear of the matter again.... To-morrow the power may pass from you." I also received a letter dated May 11, 1911, which contains this passage: "Surely if anyone in this world had a moral claim upon your financial. help it is Mrs. Lyster. Did it ever occur to you if Dr. Kennedy had not been induced against his will and better judgment to give that death certificate what it would have meant to you and the money it would have cost you? I beg of you to let this be the last you hear of me by ending the matter without the intervention of anyone." There had not been the slightest whisper of anything of this kind until I had refused to pay more money. On May 20, 1911, I received another letter which was in the same strain. On June 26 I received a letter from him on the notepaper of the Hotel Majestic, Harrogate, where I had been staying, saying that he had arrived there a day or two after I left and that unless I communicated with Mrs. Lyster during the next twelve hours he would come on to Duke Street, Whitehaven, which was my office. On June 28 I received another letter from him, again threatening to come to Whitehaven, and saying that he would see me sooner or later. When leaving my house in the morning I have frequently seen him waiting outside; he has endeavoured to prevent me getting into the taxi. He told me on two occasions that Mrs. Lyster owed him a great deal of money. I said, "Oh, that is your motive for blackmailing me?" I think he shrugged his shoulders and said, "Oh, you say so," or something of that kind. On May 26, at 8 a.m., when getting into a taxi from my house he rushed up and demanded to see me; then he got in front of the taxi and dared the driver to run him over; he used exceedingly bad language. A crowd assembled and I sent for a policeman. This was handed me by the parlourmaid as being left by him: "Here I am again. Strong in the Lord and in the power of His might. I must see you and will." All that I ever heard about the birth of the child was that it was born dead.
Cross-examined by Marlow. I do not say you swore outside my house on May 26. I only spoke to you three or four times; during
those interviews you may have told me of the humble position in which Mrs. Lyster was placed owing to her financial position being so bad. You did not ask for money for yourself, but you said on one occasion if I gave you £200 you would be able to settle the matter; I understood that would go to Mrs. Lyster. The only postcards you sent me contained Mrs. Lyster's address at Elgin Crescent.
Re-examined. I was not likely to forget that address. On two occasions Mrs. Lyster mentioned Marlow in her letters, and only when I refused to pay more money did he come actively upon the scene.
AGNES TAFT . I was in Col. Bain's employment in Sloane Court, from April, 1906, to May, 1911. I first saw Marlow in about 1909, when he asked to see Col. Bain. From that time he called frequently, and for the last six months every morning between eight and nine. Col. Bain used to go out at 10.30 a.m. I have seen him wait outside all day. On one occasion he shouted through the letter-box. He also used to ring up frequently.
To Marlow. You always behaved in a courteous manner to me.
GEORGE JAMBS STEPHENS (hall porter, Junior Carlton Clulb). Marlow has called many times at the club and asked for Col. Bain; he began about two years ago. He would wait in the hall, and outside the club. At the end of May the Secretary spoke to him. He also used to telephone.
To Marlow. You have never misconducted yourself as a caller.
Inspector ALBERT DRAPER , B Division. On July 7 I went to 55, Alexandra Road, Wimbledon, where I saw Marlow. I told him who I was, and read the warrant to him. He said: "I never tried to extort money. The whole thing is in a nut-shell. I have a perfect answer. I never tried to get money, and Col. Bain has told me so over and over again." On his inquiring I told him that the other person charged with him was Lyster. He said "Would you think he has already paid her £1,700. There must have been something for him to have paid that amount of money for." On reading the warranat himself, he said "Dare he do it? this will be the beginning of one of the greatest scandals, but I have only acted as Mrs. Lyster's agent. She has been very ill." Subsequently, when charged, he said: "It is quite untrue." Amongst his papers I found a number of letters from Lyster. (Exhibits 29 to 36 read.)
HENRY MARLOW , called upon for his defence, stated from the dock that he was extremely penitent for what he had done, but he had done it not thinking there was anything wrong in it; he had merely been acting as agent for Lyster, an old friend of his, to whom he had lent money to save her home; that he himself had never had any money from Col. Bain, and had taken no part in the obtaining of the £1,700; he admitted he had acted indiscreetly.
Sentences: Marlow (who was stated to be without occupation and to be an undischarged bankrupt) Five years' penal servitude; Lyster, Two years' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, July 18.)
The woman Roberts admitted that at the time of going through the form of marriage with prisoner she knew he was a married man; she was then "in trouble" by his brother.
Sentence, Six months' hard labour,
MURDOCK, Charles (38, ship's fireman), pleaded guilty of burg-lary in the dwelling house of Obert Robinson, and stealing therein a diamond ring and other articles, his goods. Feloniously wounding the said Obert Robinson with intent to do him grievous bodily harm, and with intent to resist his lawful apprehension.
A number of previous convictions (dating back to 1902) were proved.
Sentence, Seven years' penal servitude, on each indictment; to run concurrently.
DONOVAN, Henry (37, taxi, driver) . Having received certain money, £4 3s. 4d., for and on account of the National Motor Cab Company, Limited, unlawfully and fraudulently did convert the same to his own use and benefit.
Mr. Muir prosecuted; Mr. Warburton defended.
ARTHUR NEWETT , gatekeeper to National Motor Cab Company, Limited, King Street garage, Hammersmith. Prisoner has been a driver of taxi, cabs for the company since last December. The usual time for a driver to keep his cab out is from 12 to 14 hours. On May 30 prisoner took his cab out and did not bring it back till between 5 and 6 a.m. on June 2. The meter showed gross takings of £5 11s. 2d. and deducting the driver's proportion, 25 per cent., £1 7s. 10d., it leaves £4 3s. 4d. to be paid to the company.
THOMAS ARTHUR COBOURNE , garage superintendent. I engaged de—I fendant as driver. He did not pay for the cab he brought back on June 2, and I did not see him until the 12th, when I went in search of him. I found he had moved to 11, Lillie Mansions. I asked him what the trouble was and he said he was sorry but he was in diffi-culties and had to use the money to pay the brokers out. I told him to come and see Mr. Greathead, the general manager, at once. He did not come until the 16th.
Cross-examined. The payments for the cabs by drivers are occasionally deferred although they are honest men. We do not allow drivers to take a cab out without paying for the last one unless they make an arrangement with the general manager. Prisoner's new address was only about 500 yards away from his old one.
Cross-examined. It does happen sometimes that a driver gets into arrear and takes out a cab and then pays afterwards.
EDWARD ARCHER GREATHEAD , general manager. One of the conditions of prisoner's employment is to pay to the company 75 per cent. of the fares shown on the clock the morning after bringing the cab back. He then gets a pass which enables him to take a cab out. As prisoner did not return after June 2 I sent Mr. Cobourne in search of him and on June 16 prisoner came to my office. I asked him what he had done with the £4 3s. 4d. due to the company. He said he had used it to pay out the brokers, and he pulled out some papers in proof. I declined to look at them. I said, "You have stolen our money, and I do not care what you used it for." He then asked me if I would let him pay the money off by instalments and go to work that day. I declined, and said I should put the matter in the solicitor's hands if we did not get the money. He then suggested I should take £2 on account, which I declined. He came again two or three days afterwards and offered 10s. down, but I declined and communicated with he solicitor. Prisoner had been in arrear before, somewhere about £1. That has not been paid.
Cross-examined. Prisoner did offer to pay 10s. and to take a cab out, and we should have been paid off directly he got money by the cab. I would not know until the end of the week that the money had not been paid, and I did not trouble until the 12th, thinking the man would be coming back every day. You do not suspect a man of criminal intention right away.
HENRY DONOVAN (prisoner, on oath). I have held a hackney car-riage driver's licence for 16 years and for a stage carriage for 12 years. During those 28 years I have had no suggestion against my character, or my honesty. I am a married man with nine children. After giving up horse-cabs I became a taxi, driver. I have held my'licence for a year and nine months and have had no complaint as to my honesty during that time. On May 30 a fare engaged me to take him to Epsom Races. I drove him there and he ordered me to wait to take him back to London. I never saw him again. There was 25s. on the meter then. I made enquiries in Epsom but could find no trace of the man and not having the money that was on the meter I kept the cab out until such time as I thought I might earn the money that was owing. I kept the cab out working until the Friday morning, when I took it back to the garage and had the figures on the meter
registered in the book and the petrol measured by the gatekeeper. Different people saw me there, and I went away and was unable to get the rest of the money. On June 3 my landlord threatened to distrain and I paid him part payment and got his permission to move. I borrowed £2 and offered that to the company on June 16 and my services free to drive a cab in Coronation week, which would have cleared the debt. I was in arrear with the company also at Christmas time.
Cross-examined. I have never been "bilked" before as a taxi driver. When I was short about a sovereign at Christmas time I gave the excuse that I had used part of the takings for my own purposes, I was engaged first by the General Motor Cab Company and left owing them 19s., which I have since paid. I may have omitted to tell Mr. Cobourne that I had been "bilked" at Epsom, but I think I mentioned the circumstance. I did complain to the police at 'Epsom and took the number of the policeman, but I have destroyed the paper. I know it is the practice of the yard to give time to pay or to excuse payment altogether if a driver proves that he has been bilked, but I did not complain to anybody about it because I was away all the time looking to see if I could find the fare at the place where I picked him up, the Premier Hotel, Dover Street, and summons him. I did not pay the company the money I earned with the cab on the other days because I had not the full amount, and if I had taken the cab back without it they would not have let me take it out the next day. I do bet, but not usually.
Verdict, Not guilty.
BAGHINO, John James (29, journalist) , feloniously forging a deed dated September 11, 1905, and purporting to be an agreement between himself and James Baghino, on September 11, 1905, with intent to defraud; feloniously uttering the said deed, knowing it to be forged, with intent to defraud, on the said September 11, 1905; feloniously obtaining from Duncan Ramsay Blair two valuable securities, to wit, two banker's cheques for the payment and of the value of £375 and £5, respectively, by virtue of a certain forged instrument, to wit, the aforesaid forged deed, knowing the same to be forged, with intent to defraud, on September 13, 1905; feloniously obtaining from Duncan Ramsay Blair a valuable security, to wit, a banker's cheque for the payment and of the value of £3,650, by virtue of the forged instrument aforesaid, knowing the same to be forged, with intent to defraud, on October 31, 1905; on August 1, 1905, and on divers other days, unlawfully conspiring and agreeing togther with Robert Mason and George Strong to obtain from Duncan Ramsay Blair certain of his valuable securities and moneys, to the amount of £4,000, by false pretences and to cheat and defraud him of the same; on the dates aforesaid unlawfully conspiring and agreeing together with the said Robert Mason and George Strong, feloniously to forge the deed aforesaid; on September 13,1905, unlawfully obtaining two valuable securities, to wit, two banker's cheques for the payment and of the value of £375 and £5, respectively, from Duncan Ramsay Blair, by false pretences, with intent to defraud; on October 31, 1905, unlawfully obtaining a valuable security, to wit, a banker's cheque for the pay-ment and of the value of £3,650 from Duncan Ramsay Blair, by false pretences, with intent to defraud.
Prisoner pleaded guilty to uttering the deed on September 11, 1905, but not to the forgery; the plea was accepted by the prosecution.
This was a sequel to the case of R. v. Mason (1906), reported in the C.C.C." Sessions Papers' vol. CXLV., p. 320. Prisoner now stated that at the time of the transactions referred to in the indictment he believed that Mason was a solicitor He had acted in perfect good faith, believing that such borrowings as he made would be repaid out of reversions to which he was entitled.
Sentence, Six months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, July 18.)
SEABRIGHT, Arthur Edward Saunders , being an undischarged bankrupt, did unlawfully obtain credit from Andrew Cornwall Miller to the amount of £50, without informing him that he was an undis-charged bankrupt.
The prosecution offering no evidence, the jury returned a verdict of Not Guilty.
DAY, John William (33, postman) , stealing two postal packets con-taining respectively a postal order for the payment of 7s. and two postal orders for the payment of 20s. each, the property of H.M. Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted; Mr. St. John Macdonald defended.
JOHN WILLIAM BURROWS , accountant, Highbury. On April 13 I wrote a letter to Mrs. Hider, of 12, Hemingford Road, Barnsbury, enclosing a postal order for 7s. I had the counterfoil. I posted the letter at Finsbury Pavement Post Of the between 2 p.m. and 3 p.m.
Mr. WATERMAN , overseer, Northern District Post Office. Prisoner was employed at the Northern District Office as an established post-man. The letter referred to by Mr. Burrows would have reached the Northern District office about 6.30 and would be delivered in Heming-ford Road about 8.15. It would have been prisoner's duty to deliver it.
JOHN REEVE , "City of Rome" public-house, Roman Road, Barns-bury. I know prisoner as a postman. On April 13 my assistant, Joseph Phillip, showed me this order. (Produced.) I said to prisoner, "Is this your's, Jack?" He said, "Yes, take the 1s. 6d. I owe you." He had owed me 1s. 6d. for some time. I wrote my name and address on the order. When I saw prisoner again an inspector
from the Post Office had called at my place of business the previous day making inquiries about this matter. I said to prisoner, "Jack, they are making inquiries about the postal order I changed for you." He said, "That is quite all right; I can tell you where I got it from when I get home by referring to a book in which I keep the numbers of all postal orders I handle." I have had no other such transaction with him.
JOHN GEORGE STEVENS , clerk, Secretary's Office, General Post Office. Complaint having been made about the loss of this postal order, I began making inquiries and found that it had been cashed by a post-office. I traced it back to Mr. Reeve, whose name was on it. In consequence of what he said I saw prisoner on June 15. I told him who I was and that I was making inquiries about a missing postal order, that he need not answer any of my questions, but if he chose to answer them I would take them down and they might be used against him afterwards. He replied, "Yes." I produced the postal order and told him how and when it was sent, and that the licensee of the "City of Rome" had told me it was cashed for Jack Day less 1s. 6d. which he owed, and that he had since informed Jack Day, and that Jack Day had said, "I can easily tell when I get home by looking at the book in which I enter the numbers of all the postal orders I handle." He said, "That is quite correct. I received that in part payment from Mr. James Wainwright, who has gone to Northampton, I think. He gave me 8s. on the corner of Huntingdon Street and Hemingford Road. He borrowed money from me two years ago to get his tools out of pawn that were pawned when he was out of work. It was the Thursday before Good Friday. He was a school chum of mine." He then produced a book from his pocket and referred to it. He said "I thought I entered it in this book, but I see I did not." He said he would try and find Wainwright. I understood him to say he would write to the secretary of some postmen's association who would assist in finding him. He said Wainwright was a carpenter. He could produce nobody who knew Wainwright.
PERCY WHITE , detective G.P.O. I was present at the interview Mr. Stevens had with prisoner on June 15. I arrested prisoner on July 3 about 8 a.m. On the way to Cannon Row police station he said: "I am innocent of this." When charged, he made no reply. I found this pocket book on him. There is no entry of any postal order in it. Exhibit 3 is a letter from the general manager of the Postmen's Federation in answer to one from prisoner. It says: "I am sending you names of contractors in this town if you would like to make enquiries as to the individual you are in search of. My comrades here would do it if you can send his name." I have made no enquiries myself.
my suspension on June 15, and have had no opportunity of doing anything. I cashed the postal order with Mr. Reeve. On the night received it I attended the office at 6.10 for duty. After I had finished my duty I met Mr. Read, a witness who will be shortly called. We had a drink in the Huntingdon Arms. I had a conversation with two or three people, and stopped there till 9.45. Two years before Jas. Wainwright, a very old school chum of mine, showed me a pawn ticket for 35s. for his tools. I lent him £2, and he repaid me with postal orders of 2s., 3s., 4s., and 5s. This is the first postal order I have changed in a public house. He gave me this postal order for 7s. outside 167, Hemingford Road. The post office which is at No. 171 was closed. I was not short of money, I had received my pay. I went into the "City of Rome." On my way upstairs to the Buffalo Lodge I said to the assistant, "Is Mr. Reeve in the bar?" He said: "Yes." I said, "Would you ask him to oblige me with change for this."Mr. Reeve came forward and asked me if the postal order belonged to me. I said, "Yes, it is all right," and showed him my uniform number. He gave me 5s. 6d. Wainwright has repaid me 28s. At the time he borrowed the £2 he was living at Rowton House, King's Cross Road I have made enquiries there this morning, and find he has been there as lately as last year, and stopped there from Thursday till Monday. The porter told me they kept no record of temporary lodgers after one month, and no records of any lodgers after two months, but they know the man well by his constantly using the establishment for two or three days at a time. I have made efforts to find Wainwright, I was unable to obtain the pawnticket from the pawnbroker this morning. I started my duty on April 13 at 10 a.m., and finished at 2.55. My next duty was 6.10 to 8.35 p.m. I sent several test letters on July 14 from Finsbury Pavement post office between 2 and 3 p.m. They should arrive at the Northern District office for the 4.40 delivery. One letter addressed to Mr. Read, 94, Hemingford Road, was received by him at 6.25. The back stamp on the letter is 5.45. One addressed 95, St. Paul's Road, Highbury, was received there at 7.50, that is dated London, E.C. 3.3., received at the Northern District office 5.45. One to my sister, 10, Whatmore Road, dated London, E.C. 3.20, was received by her at 7.30. There is no back stamp on that. ne I posted to my wife at 40, Baxter Road, Essex Road, at 2.45 arrived there at 7.20. It bears the E.C. stamp 3.30. One addressed 99, St. Paul's Road, Highbury, was received at 7 and delivered at 8 p.m.
Cross-examined. Mr. Reeves' statement as to what I said to him is substantially correct. That postal order was the first one I cashed in 1911; the last order I cashed before that was October 28, 1910. The pocket-book I referred to when I made the statement to Mr. Reeve was a last year's pocket book, similar to the one shown in evidence. I told him probably I should have the number of it. I did not give him to perfectly understand I had the number, but that I knew where the postal order had come from. I cannot say I have no book for 1910; at present my home is packed up in two rooms and I am en-able to get to my goods. I cannot say if the book is in any part of my
old uniform. I told Mr. Stevens I got this order from Wainwriglit. He is about my own age, 5 feet 10 inches or 6 feet, flaxen colour moustache and hair, and was wearing a blue serge suit and black bowler hat. I told Mr. Stevens that he was in Northampton at that time, and I should endeavour to find him. I called at Rowton House last night and this morning. I did not see the same porter. I got the postal order from Wainwright at 7.55. There was plenty of opportunity for the postal order to be changed by half a dozen pople before it came to me. The letter was not on my particular delivery; it should not have arrived for my delivery. I was not within 80 or 100 yards of No. 12, Hemingford Road that night. Letters are dropped by postmen in the streets. Anybody might have picked it up from the postman on the beat previous to me. I do not see the curiousness of my being in possession of the postal order. None of the test letters I sent were delivered by the 7.20 delivery as you call it.
Sentence, Four months' imprisonment, second division.
DAVIES, Phillip Rees (28, hosier), pleaded guilty that, in incurring a debt to Courtney, Pope and Co., Limited, he did unlawfully obtain credit under false pretences; also, unlawfully by false pretences obtaining from Courtney, Pope and Co., Limited, a quantity of shop fittings, their goods, with intent to defraud.
Prisoner was released on the recognisances of himself and another in £50 to come up for judgment if called upon.
Mr. Forster Boulton prosecuted.
George Francis, chauffeur, 58, Violet Crescent, Shepherd's Bush. I purchased a postal order for 5s. on April 13 and sent it in a letter addressed to my mother at 36, Whateley Road, S.E. I posted it at Starch Green post-office about 12.15. I did not notice the time of the next collection.
Cross-examined by prisoner. I do not remember seeing you in the post-office.
Sarah Harriet Francis, 36, Whateley Street, S.E. I did not receive the letter or the postal order.
FREDERICK WILLIAM MILLS , head postman, Shepherd's Bush Post Office. Defendant was employed at our office on April 13. He was on duty up to mid-day. Letters posted at Starch Green are brought to the sorting office in Loftus Road. Prisoner had collected letters at Starch Green at 12.30 p.m. He absented himself after that collection on the plea of illness. He has not been on duty since.
To prisoner. There is nothing against you except the trouble you gave over your malingering. I paid your wages after the 12.3 despatch.
call and see me in the evening. He called about 6.30 and paid me this 5s. postal order and 1s. He was in uniform and I took his number, 1158 P. I sent my boy to cash the order the same day.
To prisoner. You did not force the order upon me. You offered me a half-sovereign, but I had not change. I did not think you had stolen the order.
Detective RALPH CALDICOTT , G.P.O. On June 27 I had a warrant for prisoner's arrest, and went on July 1 to 8, Shepherd's Place, Pimlico, where he lives. I told him I was a police officer and read the warrant to him. He said his name was not Daniels but Harry Williams and it was a wrong accusation. I showed him a photograph of himself and he then admitted his name was Daniels.
WILLIAM HENRY DANIELS (prisoner, on oath). On April 13, about 5 p.m., I was having tea at the Golden Bell restaurant, when I got in conversation with a young man, who informed me that he was a postman at Paddington District office. He was wearing postmen's trousers, a blue serge jacket and vest and grey tweed cap. We went out together. He asked me to have a drink at the Devonshire Arms. He called for two drinks and produced this postal order for payment. The barman said, "You will have to wait for the governor; I cannot change it." The man had only 1 1/2 d. besides. I said, "I will accept it from you provided it is blank"; so I changed it for him and gave him the 5s. in the presence of the barman. After that we went out and this man was greeted by an acquaintance as George; I do not know his other name. I have sent a description of him to the Post-master-General. I sent and asked the barman if he remembered the incident to kindly appear as a witness. He sends me a letter that he can only remember slightly, not sufficient to be able to swear as to the description and the time. Late in the evening I went to Mr. McKechnie. At first I offered him a half-sovereign; he could not give me change and I asked him to accept the 5s. postal order.
Cross-examined. I left the post-office on April 13 because Dr. Barnes advised me if I could not walk, to elear out of it. I did not tell my superior I was going to leave. I intended to get Dr. Barnes at 7 p.m. to examine me and see if he had not made a mistake. I did not go. It is quite a coincidence that the postal order was stolen on the day I left and that this young man should have a postal order at the "Golden Bell," which was stolen from a letter which I ought to have collected. I returned my uniform in a bag with a label on it to Shepherd's Bush District Office. I wrote no letter of explanation. I did not tell Mr. Caldicott my name was Harry Williams. When he said, "I have reason to believe your name is William Henry Daniels or Harry Williams." I did not answer. When he pulled out a photograph, I said, "That is me." He said, "I am looking for Henry Daniels, why did you not answer?" I did not think of cashing the order at a post-office; I had no cause to change it, because
I wanted it myself. It is my business as to whom I wanted to send it. I really relied on this barman coming. I did not go to my home at Shepherd's Bush properly after I left the post-office. I had a bit of a quarrel with my wife. I was arrested at Pimlico, where I was lodging by myself.
Detective CALDICOTT, re-called. In consequence of a letter I received I called at the "Devonshire Arms" and saw Gardiner, the head barman. I told him the facts and he said at once that he some recollection of a postman in uniform and a private person coming into the fourale bar and asking for drinks. The private person asked him to change a postal order; he could not say the amount. I closely questioned him as to the descriptions, and the description he gave of the person in uniform closely tallies with prisoner; the description of the private person does not tally with the description given by prisoner.
Verdict, Not guilty.
FITZGERALD, Edward (43, clerk) , being a servant to Marshalls, Limited, and to Eli Marshall, did steal divers of their moneys; being a clerk in the employment of Marshalls, Limited, and of Eli Marshall, unlawfully with intent to defraud did falsify a cash book belonging to his said employers: feloniously forging the endorsements on divers bankers' cheques with intent to defraud.
Prisoner pleaded guilty of falsification of accounts. Sentence was postponed to next Sessions.
BEFORE JUDGE RENTOUL.
(Tuesday, July 18.)
Sentence, Twelve months' hard labour.
Prisoner was released on his own and another recognisance in £10 each to come up for judgment if called upon.
Mr. J. H. B. Fletcher prosecuted; Mr. Purcell defended.
ELLEN NYE , flower seller, 6, Whitehouse Alley Buildings, Cowcross Street. On April 20, between 8.30 and 9 p.m. I was in the "Blue Posts," Cowcross Street, having a drink with a friend, when prisoner and three other men came in, had a drink and went out; they then came back, and, while another man who was with him spoke to me,
prisoner threw a glass at me. I was taken to the hospital and remained there a fortnight, and I have lost my eye. I knew prisoner before, but had never spoken to him. I did not see him leave the public house.
Cross-examined. I had had no quarrel of any kind with prisoner. A man named Foster was not charged for this offence. I was in the "Blue Posts" about an hour. I had three or four drinks. I know a man called Patsy McCann; I did not hit him on the nose and say "That's one for you, Patsy McCann"; I did not throw a glass at prisoner. After prisoner threw a glass at me the lights went out. I had had a couple of drinks but I knew what was being done. Joanna Corcoran did not say tome "Who has hit you, Nell," and I did not reply "I don't know." Maggie Riley was there. She did not take hold of Foster and say "This is the man who did it," I heard that Foster was locked up; it was nothing to do with me; I was not there. The only people I saw in the "Blue Posts" was the young woman I was with and four men. After prisoner threw the glass there was a general scrimmage. There was only one glass thrown.
MARGARET RILEY , book folder, 37, Caledonian Bow, Clerkenwell. I was with proeecutrix in the "Blue Posts" on April 2, when prisoner and three men came in. A young man spoke to Ellen Nye, and while he was speaking prisoner threw a glass at her. The glass hit her in the eye. I went with her to the hospital. I was standing close to prosecutrix at the time.
Cross-examined. There were about 12 people in the compartment where we were; I did not count them. We were in there about a quarter of an hour; I would not say we were not there more than an hour. We had two drinks. I was quite sober. Mrs. Rockley was outside; I heard her ask Mrs. Nye "Who has hit you, Nell?" and she said it was that young man. I did not hear her say "I don't know." I do not know about Foster being taken to the station; I had gone to the hospital. Mrs. Nye did not speak to Patsy McCann; she did not hit him on the nose; or throw a glass at him. The lights in the public house did not go out while we were there.
HENRY CREIGHTON STARKEY , house surgeon, St. Bartholomew's Hospital. Prosecutor was admitted on April 2; I saw her at about 12 o'clock. She had a cut over the eyeball and we had to remove the eye. The cut might have been caused by a glass. She remained in the hospital nine days.
Cross-examined. She was quite sober when I saw her; I was in-formed that she was not sober when she came in.
Patsy McCann was with the prisoner. Mrs. Nye came over to where they were with a glass in her hand and she hit Patsy McCann with her fist on the nose; I did not see what else she did; I heard a glass knock against the partition. When I came outside Mrs. Rockley was there; she said to prosecutrix, "Who has hit you?" Prosecutrix said, "I don't know." Then she was taken to the hospital. There was a man named Foster there; Margaret Riley got hold of him round the neck and said, "You are the man that done it." Then there was a general scrimmage and the police came up. I do not know what became of Foster. I did not see prisoner throw anything at Mrs. Nye.
Cross-examined. There were a good many glasses broken. I did not actually see who it was hit Mrs. Nye.
WILLIAM GAGE (prisoner, on oath), 6, Ivy Lane, Hoxton. I was in the "Blue Posts" on the night of April 2. I did not throw a glass at all. I have never had a quarrel with the prosecutrix; when I went into the house she was there with Margaret Riley. I went in with Patsy McCann, Foster, and another man; Patsy McCann called for four drinks; we sat one side of the barrel, the prosecutrix and her witness sat the other side; she came over and punched Patsy McCann on the nose and said, "That's for you"; then she threw a glass which just missed my face and hit the partition at the back; then there were some more glasses thrown, there was a general rush out of the house, and they turned the lights out. I did not see Foster taken to the police station.
Cross-examined. This was the first public-house I had been in that evening; I had been at home, it was a Sunday. I went down to my wife's aunt's house in the evening with my wife and met Patsy McCann there; we got to the "Blue Posts" about nine or half past. We were in there about 20 minutes or half an hour. I believe prosecutrix had a quarrel with Patsy McCann a few years ago. I had never spoken to her before. I know of no reason why she should throw a glass at me. When the glasses were thrown I ran out of the house with the others. I never raised my hand to throw a glass.
PATRICK MCCANN . On the night of April 2 I went into the "Blue Posts" with the prisoner and Foster. I called for some drinks and we sat down. We had been there about half an hour when prosecutrix came towards us with a glass in one hand; she hit me on the nose and said, "There's one for you, Patsy McCann." Then she slung the glass at prisoner, missed him and struck against the door. I did not see prisoner throw a glass. When we came out Foster was accused of throwing the glass. (Mrs. Riley stood up.) That is the woman who accused him; she seized him by the collar. I do not know what happened to him after that, I went back to the public-house. There were about a dozen to 15 people in the bar at the time.
Cross-examined. That was the first public-house I had been in that day. I have not the slightest idea why Mrs. Nye should have struck me. I have never spoken a word to her in my life. I have lived in
the neighbourhood 20 years. I do not know of any grievance she had against Gage. We men were all sober. We all walked out when the scrimmage began.
Verdict, Not guilty.
Mr. Colin Smith prosecuted.
FREDERICK COOMBES , dock labourer, 3, Cyprus Place, New Beckton. On June 23 I was with another dock labourer named Palmer in the "Barge House" public-house at Woolwich, about a quarter or half past nine prisoner came in with a man called Pertoli. I was at the bar when Pertoli got up and pushed me; then I struck him; he then sat down by the prisoner and I went and struck him again. They both went out of the house after that. About half an hour later Palmer and I went out; they walked towards the Albert Dock entrance and we followed; when I got against them, within three or four yards, Palmer said, "Look out, the big fellow has got a knife"; I went to turn round and I fell over with the big fellow on top of me; I saw a knife in his hand and he stabbed me twice in the back and face; then they went off towards the Albert Dock and we returned to the public-house; subsequently I fainted and was taken to the Seaman's Hospital.
Cross-examined by prisoner. I never struck you after leaving the public-house; you must have got the cuts on your hands from your own knife.
PERTOLI. I am a seaman on the Sylphid, lying in the Thames. On June 23 I went with prisoner to the "Barge House." I went to the bar and got two drinks, then someone came and struck me and then struck prisoner; we then went into another room and a little while after went out of the house; about eight or nine men followed us and someone struck prisoner; I did not seen prisoner strike anyone. I did not seen anything used but fists, but I noticed blood on Laivo's left hand. Then I left and went to my ship.
GEORGE PALMER , dock labourer. On June 23 I was in the "Barge House"; we were arguing about the dock strike; I went outside to the urinal; when I came back these men called Coombes; he said to me, "Stand by me and see what they want"; when I got outside I saw him on the ground and picked him up; I did not seen any blow struck.
The case for the prosecution being closed, the jury intimated that they did not wish to hear more.
Verdict, Not Guilty.
POOLES, Harold Arthur (39, manager), pleaded guilty of unlawfully by false pretences obtaining from George William Grice Hutchinson £25, from Arderne Mere Latham £25, and from George John Strickland a valuable security, to wit, a banker's cheque for the payment of £46, in each case with intent to defraud.
Sentence, six months' imprisonment, second division.
Mr. Cornes prosecuted.
HAROLD DESMOND LEE , clerk. 21, St. John's Park, Upper Holloway. At 12.30 on the morning of July 11 I was in Holloway Road, near the Marlborough Theatre, when the female prisoner accosted me; I told her to go away; she pushed about and I discovered her hand in my pocket; I had £4 10s. in gold and some silver in a purse, and when she had taken her hand out of my pocket the money had all gone. I demanded the money back and she said she had not got it. Then two men came up, one of whom is the male prisoner; she threw the money on the ground and the men picked it up. I then gave prisoners into custody.
Cross-examined by Carter. I first saw you after I had demanded the return of the money. I did not see where you came from.
Cross-examined by Purcell. I was waiting for a tramcar when you came up to me. (To the Judge.) I last saw the money safe at about 12 o'clock, when I took a shilling out to pay for some drinks with a friend. Prisoner took the money out and left the purse in my pocket. (Purse produced.) My friend had left me before this happened. We had not been drinking.
Police-constable ROBERT CARR , 240 Y. At about 1 o'clock on the 11th I was on duty in Holloway Road, when I saw the male prisoner and a man not in custody stand behind a corner as if they were watching the prosecutor and the female prisoner; I heard a scuffle and they ran down the court; I followed and saw the men stoop down and pick something up. I saw the female prisoner throw something away, but I could not see what it was. The prosecutor then shouted, "Stop them, they have stolen £5 from me." I arrested them and searched the male prisoner; he had 4s. in silver and 4d. bronze. The other man escaped.
To Carter. You and Purcell both ran away when I came. (To the Judge.) When I came up the man not in custody said, "Hallo! Here's a policeman." That is when they ran away. I had previously heard a jingling sound and seen the two men stoop and pick something up. When I took them into custody the man made no reply; the woman said, "It's a lie."
Cross-examined by Purcell. I saw you running with the male prisoner.
JAMES CARTER (prisoner, not on oath). I was in the "Nag's Head" public house at the corner of Seven Sisters Road; there is a urinal there and it was shut; close alongside is the entrance to the Marlborough Theatre; I went round there to make water and I saw
the prosecutor and this woman talking; I walked on a bit further and this lady came up and spoke to me; I went with her to the top and I saw a constable looking round the corner so we walked away. Then the constable holloaed out "Hi!" to me. I stopped, and the constable said, "This gentleman says he has lost some money." I said, "Well, I know nothing about it." So he said, "Will you give her in custody?" The prosecutor says, "Yes." He said, "You had better come on too." I said, "All right." And we went to the station.
ELIZABETH PURCELL (prisoner, not on oath). All I can say is I was in the Holloway Road and stood talking a few minutes to a man, then walked round the Marl borough Theatre and stood there a few minutes; he said he had no money. I left him and got to the corner, when the man shouted out, "I have lost £5 out of my purse; I will give you in charge."
Verdict, Not Guilty.
Mr. H. R. May prosecuted.
Police-sergeant JOHN GOULD , 131 Y. On June 24, at 3.20 p.m., I was in Copenhagen Street, Caledonian Road. I saw a crowd outside the "Sutton Arms" public-house; I went there and I saw a woman bleeding very severely from the left hand; she pointed to a man who was struggling with several men trying to get a knife away from him. I then took prisoner into custody. He said, "They all set about me." I produce the knife.
Cross-examined by prisoner. The crowd was very hostile towards you, and you became unconscious for a few minutes.
Dr. WILFRED DOBBIN , 546, Caledonian Road. On June 24, about 3.30 p.m., I examined Frances Ivy; she had a clean cut on the back of the left hand between the second and third fingers going to the bone. The knife produced could have inflicted the injury. She will probably lose the use of the finger.
ALFRED JOHN SHAW , 3, Burns Buildings Caledonian Road. On June 24 about 3 p.m. I alighted from a tramcar at the corner of Copenhagen Street; I saw several persons running up a side street and followed to see what was the matter; I saw prisoner and another man squaring up to fight. The other man struck prisoner a blow and upon that prisoner drew a knife; a cry went up from the crowd, "He has got a knife." There was a rush of several persons; this woman was in front. Prisoner slashed out right and left with the knife. I assisted to take the knife from him and got my hand cut across. Prisoner was in an excited condition. I do not know whether he had been drinking.
To prisoner. I did not see the beginning of the fight. You were being knocked about when I came up.
of people; I went to see what was the matter, when I got cut; I do not know how I got cut; I did not know I was cut till the policeman got hold of me and said, "You will have to come to the station to have it dressed." I do not know who did it. I did not know prisoner.
EDWARD ALFRED WEBB (prisoner, on oath). For the last two or three months I have been persecuted by a gang of men who accuse me of giving information to the police whereby one of their friends was convicted at this court for buying stolen property. I never have given evidence at any court. About a fortnight previous to this I was going home one night when a man, a stranger to me, told me a friend of mine wished to see me; I went, and when I got into a bye turning I was molested by this gang of men. I kept out of their sight for a fortnight, and on this afternoon I was in the "Sutton Arms" having a drink when one of these men came in and tried to pick a quarrel with me; then he called me outside; as I was going outside I was struck in the face; I was hit again and again and knocked to the ground; while we were fighting on the ground I was kicked most unmercifully, nobody attempted to help me; I was kicked in the back and the testicles; I had just come away from a friend of mine where I had borrowed this knife to mend my boots with, I had it in my pocket; I had to do something and I pulled the knife out to keep the people back. I would not do anything of the sort if I was in my right mind, but I was terrorised. I have two witnesses.
Cross-examined. I know this neighbourhood very well, but I had not the least chance of recognising anyone in the crowd. I was asked at the police court if I had anything to say; I said, No, if I had to go for trial I would make my statement before the Judge.
NINO DIEMARTER . I am a hairdresser; my shop is two doors away from the "Sutton Arms." On this Saturday afternoon I saw a young fellow come out of the "Sutton Arms" and prisoner followed him; as soon as prisoner came out the other fellow was standing there and punched him right on the jaw; then the others punched him and knocked him down on the floor. He managed to get up, and another fellow, I cannot say who it was, kicked him. I said to my friend, "I am sure that has killed him," and I went towards them, but I was not in time to help; when we got there through the crowd we found prisoner was already taken by the sergeant. I did not see the cutting done; I saw prisoner with the knife in one hand and defending himself with the other. I did not see him waving the knife about.
Cross-examined. There were about 30 or 40 persons in the crowd. There were some of my customers, but I did not think to tell the prisoner their names. I did not think of coming here myself till prisoner came to my shop when he was out on bail. He said to me, "Did you see it?" and I said, "Yes, I did see it." Then he asked me to come and give evidence.
DOLLIE MORRIS , housekeeper. I was at my brother's house and prisoner came round to see me; I was cooking and had a knife on the table and he asked me to lend it to him for his boot mending. The knife produced is the one I lent him.
Cross-examined. Prisoner promised to return the knife as soon as he had finished his boot mending.
Verdict, Not guilty.
BEFORE MR. JUSTICE LAWRANCE.
(Wednesday, July 19.)
Mr. Symmons prosecuted; Mr. Ernest Walsh defended.
MOOSA OOMA , fireman, ss. Somali. Prisoner was a fireman also. We both knew deceased, who was a petty officer. The Somali in June last was lying off Antwerp. On the night of June 15 I was asleep in my bunk in the fo'castle, when at about 12 a.m. I was awakened by a noise such as would be produced by someone beating something with a piece of iron. I saw prisoner with this piece of iron in his hand beating the deceased, who was lying on his bunk. I gave the alarm and the sarang came up then and took the bar away. I had never heard prisoner and deceased quarreling.
Cross-examined. They had been 10 1/2 months on the ship together and they had always been friendly. Prisoner's wife has never been on the ship, as far as I know. His brother was fireman on the ship on this voyage, but he has now returned to Bombay. It is not true that he was strangled by the sailors on the night of June 15, or at any other time.
SATED MAHOMMED RALUMTOOLA , greaser, ss. Somali. On the night of June 15 I was asleep in my bunk, when I was awakened by a thumping noise. I saw prisoner with an iron bar in his hand at the side of deceased's bunk. He struck him four blows before I could get up to him. I caught hold of him and called to the sarang, who came and took the iron bar away.
Cross-examined. I have never known them to quarrel. I have never seen prisoner's wife.
SIDEAT KULUMSHA , sarang, ss. Somali. At midnight on June 15 the greaser told me something and I got up and took this iron bar from prisoner, who was being held by Ralumtoola. The deceased's head was cut and bleeding. I have never heard of any quarrel between prisoner and deceased.
ABDULLA NEWAH , second-class fireman, ss. Somali. On the night of June 15 I was asleep in my bunk, which is underneath that of de-ceased, when I was awakened. I saw prisoner strike deceased with the iron bar six times.
Cross-examined. Prisoner was very excited.
EWING HUNTER , second engineer, ss. Somali. I produce the register of the Somali, which is a British ship. At midnight on June 15 I was aroused. I went with the ship's surgeon to the fo'castle. I there saw deceased in his bunk with his head in a pool of blood. I asked prisoner who had struck deceased and he said "I no savvy." Deceased was taken to the hospital. This iron bar was shown to me and two inches from the end there were marks of fresh blood; the bar is used for breaking coal or pounding curry. I handed prisoner over to the Antwerp police. I interpreted the charge to him and he said he did not do it. He was taken off the ship and about three weeks afterwards, about two hours before the ship left, he was brought back again.
Cross-examined. I remember prisoner saying when charged, I do not understand. I saw nothing. Neither prisoner nor prisoner's brother's wives were on board; they did not claim 50 rupees from prisoner to pay the passage from Bombay to Antwerp and I did not formulate that claim to him. It is untrue that his brother was strangled at Antwerp by Torla while the sarang was looking on. There was no jealousy between Torla and the prisoner in respect of prisoner's brother's wife. If there had been any quarreling between prisoner and deceased I should have heard of it; they never quarrelled. Prisoner had gone back to his bunk when I saw him.
ROWLAND AUGUSTUS HOBBS . In June last I was surgeon on the ss. Somali. On June 15 at midnight I was aroused and went with the second engineer to the fo'castle. I there found decased in his bunk with his head and face covered with blood. I took him to my surgery; he was suffering from a fractured skull; he was moribund. He was subsequently taken to the hospital. The injuries could have been inflicted with this bar of iron. I do not think I had ever before treated prisoner. If there is anything mentally wrong about a person it would come to me, and up to this time nothing of the nature had been reported to me with reference to prisoner.
Cross-examined. Deceased must have been ferociously attacked. When prisoner was brought on the ship again at Antwerp the police officer told me that prisoner had told him that he was bringing his wife over with him in the ship, and that if deceased was dead his (prisoner's) brother was also dead.
LOUIS BUPPES , member of Antwerp Police. On June 16 I was called to the ss. Somali, where I saw a wounded Lascar in the doctor's cabin. I conveyed him to the St. Elizabeth Hospital, where I heard he subsequently died.
Dr. JEAN DE DEKEN , Antwerp. At 6.30 p.m., on June 16, I went to the St. Elizabeth Hospital, where I made a post-mortem examination on the body of the deceased. (Witness gave a detailed description of the injuries which the deceased had received.) The man died from a broken skull. The wounds could have certainly been produced by the iron bar.
prisoner detained. I charged him with the murder of a fellow fireman with this iron bar, which was shown him. On this being interpreted he said, "Yes, I understand; I will deny it."
Prisoner's statement before the magistrate." I want to see my brother."
Dr. EAST, medical officer of Brixton Prison, said that prisoner had two delusions: one, that his brother had been strangled in the streets of Antwerp by deceased and another man on the Somali, and that he heard his wife continually crying to him; and another that his wife and his brother's wife were passengers on the ship. The conclusion he (witness) came to was that the man was insane.
Mr. Symmons intimated that he did not intend, after the evidence which had been given, to press the charge any further.
Verdict, Guilty, but insane at the time of committing the act, so as not to be responsible in law.
Prisoner was ordered to be detained during His Majesty's pleasure.
Prisoner (who bore a good previous character) was released on his own recognisances in £25 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Wednesday, July 19.)
In view of the prisoner's state of health and all the circumstances, he was sentenced to be imprisoned for 12 weeks and 1 day, entitling him to be immediately discharged.
BEFORE THE COMMON SERJEANT.
(Wednesday, July 19.)
DURNFORD, Richard Percival (50, clerk) , obtaining by means of false pretences from William Alfred Easton a typewriting machine, a quantity of stationery, and divers moneys, his goods, with intent to defraud.
Mr. Saunderson prosecuted; Mr. Gervais Rentoul defended.
me casually that he was connected with John Brinsmead and Sons, pianoforte makers. He inspected a typewriter and said that he was using one of his own for Brinsmead's work and did not see why they should not provide him with a machine. He ordered stationery from time to time and in June my bill against him was rendered, amounting to £4 1s. 3d. On June 15 he handed me cheque produced for £6 made out to petty cash and drawn on the Wigmore Street branch of the Capital and Counties Bank. It was stamped, "Pay Cavendish Bureau, "followed by "Petty Cash, "and signed "The Cavendish Bureau, R. P. Durnford, Manager."I deducted the amount of the account and handed him the change, £1 18s. 9d. I paid the cheque into my bank on the 17th. Two or three days after that, prisoner came in and asked if the cheque had gone through. I informed him that I supposed it had, as it had not been returned by my bankers; whereupon prisoner mentioned that they had had a big cheque returned to the Cavendish Bureau owing to something wrong with the endorsement, and as they did not keep a large credit balance in the Cavendish Bureau account, if my draft was returned would I pay it into the bank again at once as Messrs. Brinsmeads were giving him a cheque for £150 the following morning to pay into the account. Two or three hours after prisoner called the cheque was returned marked "R. D.,"and I sent it back to the bank by the messenger who brought it. It was returned by my bankers again on June 28 marked "Account closed." On June 21 prisoner called for the third time on the same question and took the typewriter, saying that Messrs. Brinsmeads had agreed to let him have the machine. He came again on the 26th and stated that the machine was most satisfactory. He added that owing to his wife having come into a legacy of £2,000 she was making him a present of the machine. He then asked me to make him out a receipted invoice for the transaction, which I did. The invoice was for 11 guineas. Prisoner handed me a cheque for 12 guineas. I pointed out to him that he had evidently forgotten the fact that I had told him that if the machine were paid for within seven days there would be a guinea discount. I accordingly gave him a guinea in cash. I paid the cheque in. On June 28 I received a letter from him saying that he had closed his account at the bank and a few hours afterwards I got the two cheques back from the bank marked "Account closed."I then communicated with the bank and Messrs. Brinsmeads, and took the present steps.
Cross-examined. Prisoner did not give us a reference to Brinsmeads in the usual way, but stated that he had been in their employ for some time, and when he came to us that they had appointed him manager of the Cavendish Bureau, which was affiliated with their business. It is quite true that he had been employed by Brinsmeads and that the office in which he was carrying on the Bureau was let to him by them. I have heard that Brinsmeads were to take one-third of the profits he made in lieu of rent. I made no further enquiries about him because we had known prisoner before as clerk to another customer. I did not send the account to Brinsmeads because the
Bureau was being run as a separate concern. The account was sent to the Bureau by prisoner's instructions. It was perfectly true prisoner had been doing typewriting work for Brinsmeads, using an Under-wood machine of his own, and that he said Brinsmeads had agreed to let him have a machine for the office. I did not mention that at the police court; I forgot it at the moment.
ERNEST GEORGE ROBERTS , cashier, Wigmore Street branch, Capital and Counties Bank. On May 29 prisoner opened an account at the bank with a cheque on a Scotch bank for £17 10s. 6d. That cheque was dishonoured and returned to us on June 1. We issued him a cheque-book before that cheque had been cleared. On June 7 a Mr. C. Allen paid into this account a draft for £21 10s. and a postal order for 5s.; they came by express letter. The cheque was returned unpaid on June 10. Those were the only payments into the account, and all the money we got was the 5s. postal order, which we appropriated, 28. 6d. going for the cheque-book and 2s. 6d. for the bank charges, and we wrote prisoner on June 27 closing the account. When he drew the cheques in question in this case he had no credit except the 2s. 6d.
Cross-examined. When prisoner opened the account he handed us a bill for £84 accepted by his brother to hold for collection. It was not due until the beginning of August, and the account was closed on June 27.
HENRY BILLINGHURST , managing director of Brinsmeads. Prisoner was in our employ temporarily for about a fortnight about the end of March, doing some typewriting work. He brought his own machine with him. About April 6 I told him I had no more work for him and gave him a testimonial as to his ability as a typist. He then asked me if he might continue to work his own private practice, making use of our basement for a short time. I declined, but gave him permission to use a room in a block of studios next door temporarily. He agreed to give us a third of the profits in lieu of rent, but I never anticipated to receive anything from him, and have not done. We were not running the Cavendish Bureau, and he was not our manager and had no connection with us and no authority to pledge our credit.
Cross-examined. I let prisoner have the use of the room as I wished to assist him to make a start in business. If it had been a success I should not have refused to take a share of the profits.
RICHARD PERCIVAL DURNFORD (prisoner, on oath). I am a married man with two children. On June 15 I saw Mr. Easton and handed him a cheque for £6. I told him I had mislaid his account to the end of May, which came to about £5, and that I had had goods to over £1 since then, and asked him to give me a receipt to date. He replied, "We always keep our monthly accounts separate, "and gave me a receipt for the account to May 29 and handed me the change, £1 18s. 9d. I had before that opened an account at the Capital and Counties Bank. I explained to the manager what the object of the
Cavendish Bureau was, and Mr. Billinghurst's connection with it. He handed me a paying-in book. Next day I handed him a bill for £84. On May 29 I paid in in good faith the cheque for £17 10s. It was given me by Mr. Claude Allen, whom I had known some twenty years ago in Scotland; I had lent him money on several occasions. I had not seen him until about Easter this year, when he came up and spoke to me in Regent's Park. He reminded me that he owed me money. I gave him my address and some days afterwards, on May 29, I saw him again and he gave me that cheque for £17 10s. With regard to the typewriter, I never told Mr. Easton that Brinsmeads had agreed to buy me a machine or that I was manager of the Bureau for them. I agreed to purchase the machine myself and pay for it. As to the guinea discount, I asked Mr. Easton to keep that in part payment of what I still owed him and he replied, "The June account will soon be rendered, "and handed me the guinea. He must have dreamt that I told him my wife had a legacy and was making me a present of the typewriter. If I did mention a legacy it was one I was expecting myself.
Cross-examined. I cannot explain why Allen should have been so cruel as to offer to repay a debt and then send me two cheques which were dishonoured. I saw him at the police court, but I have taken no steps to call him as a witness. He did give me his address, but I cannot remember it now. I wrote him after I heard his cheque was returned the second time—it is Hope Street, Glasgow; the address was written on the top of the cheque. He did not reply. I knew on June 10 that the second cheque was dishonoured, but the bank had the bill for £84, and I thought that was security for an overdraft. I did get a letter of June 7 from the bank in which they asked me not to draw cheques unless I had a balance to my credit, but I hoped to pay in other moneys because there were at that time and are still many accounts due to the Bureau for work done. I did draw two cheques for.£12 and £2 after I was notified that the account was closed, but that was after the warrant was out, and when a warrant is out for a man's arrest he will do anything.
Prisoner confessed to having been convicted on March 2, 1903, of obtaining money by false pretences. Other convictions were proved; prisoner had a very bad record.
Sentence, Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, July 19.)
FINCH, Edward (45, ink maker) , feloniously and fraudulently embezzling and stealing the several sums of £15 2s. 3d., £12 12s., and £1 16s., received by him on account of Gittings, Hills, and Boothby, his masters.
Mr. Duncan Wallace prosecuted; Mr. Forrest Fulton defended.
JOSEPH JAMES GITTINGS , managing director, Gittings, Hills, and Booth by, Limited, printing ink manufacturers, Birmingham. I came into contact with prisoner at the beginning of this year, when he was managing for the receiver the business of the London and Scottish Printing Ink Company. He told me he had a possible partner and we had conversations about purchasing the business. He said he was financially embarrassed, his capital was not enough to run the business, and he was in a tight corner for getting credit. The London and Scottish Company's business was his for a few days since February 11. An agreement was entered into on March 23 in confirmation of a verbal agreement made on March 16 by which we bought the business from prisoner. His services as manager commenced on March 20. For 10 or 12 days the business was run in the name of the London and Scottish Printing Ink Company, as we were removing from Fleet Street into Turnmill Street. Exhibit 6 is an account for goods supplied to Barclay and Fry after March 20, amounting, less discount, to £19 8s. 6d. The amount of goods supplied between March 20 and 27 is £12 12s. The receipt is written by prisoner. The cheque drawn by Barclay and Fry, £19 8s. 6d., is endorsed by prisoner "per pro London and Scottish Printing Ink Co." Exhibit 8 is an account for goods supplied to A. White and Co. during February and March amounting to £10 5s. 2d. net, of which £1 12s. 5d. were supplied after March 20. Their cheque is dated April 28 and is endorsed by prisoner on behalf of the London and Scottish. Exhibit 4 is an account between Grant and Co. and the London and Scottish Co. for £23 15s. 5d., receipted by prisoner. The amount of goods supplied after March 20 is £14 7s. 2d. The cheque is endorsed by prisoner. According to the agreement he had to send cheques every night direct to us. We never authorised prisoner to endorse cheques. The cheques were not paid into our bank. After signing the agreement I had conversations many times with prisoner as to getting in the accounts. He asked us to be lenient with customers about collecting book debts and said the customers had already been troubled by the receiver for the late company and it would be a good thing for us if we allowed the debts to stand a bit. After some correspondence about the accounts he wrote on May 26: "I quite agree with you; some of these should have been paid." In consequence of the reports received from him I made inquiries as to the state of the accounts and endeavoured to see prisoner. I wired him that I was coming on June 1 and he must be at the office to see me. He did not keep that appointment. I saw his son Bill, and told him I had been to Grant's that morning and found that prisoner had received their account on April 13. I gave him a message for his father. That day I went on a tour and returned on June 15.
Cross-examined. At the time we took over the business there was no official account at the bank and the cheques we sent to prisoner as manager may have been cashed through different accounts, and apparently were. He was not responsible for the payment of the accounts
or for the payment of his two sons. We paid them by a cheque to him every week. We paid the travellers their commission direct. I first became conscious there was embezzlement on June 1. I said we would take criminal proceedings unless the accounts were corrected on my return. That does not mean unless I got the money; it means I wanted the books straight. I applied for a warrant on June 19. I laid an information before the magistrate. He refused to grant a warrant and said, "Lock him up." We knew nothing about commission to Chappel on Barclay and Fry's account until afterwards. Chappel is not employed by us. We have no agreement with him. I have received a small order from him. I know now that he obtained all the orders from them. We had nothing to do with paying the commission on White's order. We were paying prisoner for those orders, not other people. We paid him £3 salary and £1 expenses for travelling. He did some small repairs to a mill in consideration of an extra price which we paid him for the mills. He undertook to put them in order.
Detective JAMES LANG , G Division. I saw prisoner detained at Bridewell Police Station on July 12. I said, "I am a police officer, and I am going to take you to King's Cross Road Police Station, where you will be charged with embezzling, on April 13, £15 2s. 3d. and £12 17s., and, on April 28, £1 16s., the money sof your employers, Gittings, Hills and Boothby, Limited." He said, "All right." On the way to the station, he said, "It is only a matter of account. When I sold them the business there were several book debts, and it is them I have been collecting." I said, "That is not so; the amount you are being charged with refers to moneys you have received for goods supplied since you sold the business." He said nothing to that. When formally charged, he said, "Can I have the names of the firms from whom I am said to have got the money." I said, yes, and gave him the names of the three firms.
Mr. GITTINGS recalled. Until these proceedings I have never heard of the travellers, Chappel or Thompson. We bought the book debts of prisoner. They amounted to £80 0s. lid. He has collected prac-tically £180.
Mr. FULTON submitted that there was no case to go to the jury. (Overruled.)
EDWARD FINCH (prisoner, on oath). I have never before been charged with any criminal offence. I have been in business all my life and held managerships since 1893. There has never been any suggestion of dishonesty or irregularity in my conduct. I received the three cheques. From Grant's there has to be deducted £1,178 for rent. I had a certain part of that quarter's rent to pay to Grant's and the receiver had a certain part. Then there ws 15s. 1d. discount. The account is not all in respect of goods supplied after March 20. In the case of Barclay and Fry, there was a special discount of 10 per cent, and Chappel's commission £2 16s. 8d. Chappel took orders
from Barclay and Fry for our firm from the very day we commenced. You would call him a commission agent. I paid him every farthing with Mr. Gittings' knowledge and consent. He told me he did not want to know anything about commissions; he left it to me. There is 3s. 7d. discount to White and 8s. 1d. to Chappel. Chappel's commission in April was £8 10s. 6d. and in May £4 15s. 5d. Thompson's was £3 17s. lid. The brass bearings of the rollers were worn; I told Mr. Gittings about it; he looked at them and said, "You must get them done." I got them done and paid £4 10s. With regard to the £3 salary, I paid that to my son under a letter they wrote to me. On going into the account I found I had some money belonging to them and I paid the £3. I make out that they owe me £2 4s. 11d. instead of me owing them £29 1s. 3d. I said, when arrested, and still say it is a matter of account. I was expecting to go through the whole of the accounts and make a, settlement with Mr. Gittings at some future time.
Cross-examined. I think my solicitor has a receipt for the £4 10s. for repairs to the mills and some of Chappel and Thompson's receipts. The cheques were made out to the London and Scottish Company, and I paid them into my bank. I sold the business to Gittings as from March 25. I did not understand, as regards the London and Scottish cheques, that I was to pay them over the same night as received. I endorsed the cheques. The matter of authority to endorse was never discussed. I looked upon the cheques as belonging to my account. I could not say it is usual for a manager to have authority to pay into his own account. I have only been practical manager not general manager. When I paid the cheques in I did not know there was any portion of Gittings, Hills and Booth by's money in those. I did not look particularly into the account. One does not always turn to every item when you are sending a receipt to see what month it is in. The amount of the book debts was just over £8. I received an advance of £60 in respect of them. It may be that I have only paid Gittings, Hills and Boothby 5s. on account of outstanding book debts. There was one cheque I gave to Mr. Gittings for, I think, £2 14s. As to my writing the firm on April 29, after I had got Barclay and Fry's cheque, saying I had not and that I had arranged that they should have a quarterly account in future, I must have overlooked the fact that they had paid. I had forgotten it. I did not think I meant to tell them an untruth. I looked upon the £60 as a loan to me and that I was entitled to pay the book debts collected into my account. I did not look upon them as belonging to Gittings, Hills and Boothby, and that is why I did not notify anything to them. If the cheques had been made out to them I should have sent them on to Birmingham.
Verdict, Guilty, with a strong recommendation to mercy.
Sentence was postponed to next Sessions.
INGRAM, John, otherwise John Jones (39, labourer) , breaking and entering a place of Divine Worship, to wit, the Eltham Park Wesleyan Church, and stealing therein one clock and other articles, to the value of 17s., the goods of William Wood and others; being found by night having in his possession, without lawful excuse, certain implements of house-breaking, to wit, one putty knife and one table knife.
Mr. T. Close prosecuted.
SIDNEY GEO. BIRDSEYE , 9, Sherrard Gardens, Eltham. I prosecute for the Trustees of the church. When I left the church at 8.30 p.m. on June 25, everything was safe. The clock was taken from the rostrum, and the brush from the lavatory. Their value is 17s.
ARTEMINIA FAIRCHILD . I am the wife of the caretaker. I shut up the church at 8.45 p.m. The clock and hair brush were there then. About 1 a.m. I was called up by the police. I went to the church and found a window of the school broken.
Police-constable ERNEST SMITH , 799 R. I saw prisoner in Well Hall Road at 2.45 a.m. on June 26. That is half a mile from the church. He was crouching down under some rails. As I went towards him he ran across the road. I asked him what he was doing. He said, "I am having a look round; I used to work in there." I noticed his pocket was bulky and asked what he had got in it. He said, "Only an old tea tin." I asked him to let me have a look, when he pulled out the clock. I asked him where he got it from. He said, "I picked it up." I told him I did not believe his statement, and should take him into custody. He said, "I am stony, and on the rocks." I took him to Shooter's Hill police station where he was charged. He made no reply. When searched there were found upon him two knives and a brush. There are two seats in Well Hall Road. I had been along there previously; there was no bundle or parcel there then.
JOHN INGRAM (prisoner, on oath). I picked these things up on the first seat in Well Hall Road; they were wrapped up in an old handkerchief, which I produced at the police court. I cannot run at all; I have synovitis in both my knees.
Cross-examined. When I told the officer it was only an old tea can I did not know which pocket he was referring to. I found the things about a quarter of an hour before I got to the top of Well Hall Road. I had walked from Dartford. I did not pass the church: I do not know where it 1s. I knew I had a clock in my pocket; I had looked in the handkerchief to see what was there.
Verdict, Guilty. Several convictions were proved.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, July 19.)
Mr. Montague Shearman applied on behalf of the surety, the mother of the defendant, that the recognisances should not be estreated on the ground that Mrs. Jacobson had already given her son £600 on the understanding that it was to settle the case, and he had absconded with it.
Mr. G. W. H. Jones opposed the application, because the mother had not given the prosecution as much help as she might have done in tracing her son.
The case was postponed to next Sessions on the understanding that Mrs. Jacobson would assist the police as much as she possibly could.
Mr. Purcell prosecuted; Mr. Daniel Warde defended.
CHARLOTTE PLATT , mother of the prisoner. I used to carry on business at 26, Tanswell Street, Lambeth, as a wardrobe dealer and moneylender. My husband, who is now dead and was an Army pensioner, used to bank his money, but when the Birkbeck Bank broke the first time I drew my money out and kept it in a cupboard in the house. At the beginning of this year I was taken ill and went to the Charing Cross Hospital; at that time I had £240 in the house in gold My daughter came to my house; she said, "Mother, have you got that money in there still?" I said, "Yes"; she said, "Ain't you frightened?" I said "No"; she said, "You are an old woman"; I said, "I know I am; I will give it to you, then it will be safe"; and I gave it to her; I gave her £200 and put £40 in my pocket. There was no one else there at the time. I gave her the money to take care of; it is not true to say I gave it to her as a present. Then I went to the hospital, and when I came out I went round to prisoner's house. I said to her, "What about that money?" and she said, "Wait for it"; and she ordered me out of the house. Then she wrote a postcard to my son to fetch me away. He came over on the Saturday morning and he said to her, "Florrie, what is the meaning of this?" She said, "Oh, I don't want my mother; she is her own mistress and master; let her do as she likes." Then he took me away to his place and I did not see prisoner again, but my son wrote to her. I believe it was in April I went to the hospital. I have never had a penny piece of my money back, and it is what I had to live on.
Cross-examined. I have another daughter, Mrs. McGrath. I have carried on business as a betting woman for 34 years; I am a registered money-lender; I am also an old age pensioner. My daughter's husband is a" builder; he has been kind to me. When I took the money out of the cupboard I did not say, "Look here, Florrie, I will give
you this, you can keep it; I have enough to last me"; I handed her the £200 and said, "It will be safe with you." I kept £40 in gold myself; I had no other money; I had my stock; I had 5s. a week old age pension coming in. I remember my other daughter calling on me at the time of the run on the Birkbeck Bank last November. I told her I had given Florrie £200. She said "Give her £200; well, I will do nothing for you." I said, "Well, she has got six children and you have none." I did not say "I shall not want." I did not say my son should not have a penny. When I left the hospital I was at My daughter's house seven weeks; I was treated with kindness by her husband and children, but not by her. I did not go to my son's house until she sent him a postcard to fetch me. I asked her three or four times for my money while I was under her shelter. The letter produced, written from 7, Monkton Street, was written by my son. My daughter has never denied that she had the £200. I do not remember her saying that she thought it was a present.
Re-examined. I am quite certain that I gave the money to my daughter on two occasions. The first time it was put in the Birkbeck Bank, and when there was a run on the bank my daughter took it out and gave it back to me. I gave her the money again to take care of just before I went into the hospital. When I asked her for the money back she never said it was a present to her; she said, "Wait for it."
ALFRED FRANCIS PLATT , cab driver, 7, Monkton Street, Kennington. I am son of prosecutrix and brother of prisoner. I know that my mother used to keep a large sum of money in a cupboard. The first conversation I had with my sister about the money was in about January of this year; she told me she had put it in the Birkbeck Bank in her own name; I said, "That is not right; you should have put it in mother's name." Then there was the scare about the Birkbeck Bank and she told me she had drawn the money out and handed it over to mother. Then, before mother went to the hospital, Florrie said, "You know mother has given me this money to mind for her, and you know I shall share it with you if anything happens "; and mother's connection was to be given to my wife. I agreed to that. Then my sister said, "I wish mother was dead," and we had a jangle over that. The following day I went down to my mother's house and found she had been moved away, and it was not till 18 days afterwards I found out she was in the hospital. I told my sister it was most unfair to move my mother to the hospital after my wife had been sitting up with her six consecutive nights, and I said I would have her out the next day. Then when I went to the hospital again I found my mother had been taken away by Mr. Dickens; I only found out four weeks afterwards that she had gone to my sister's house. Then I went down to see mother and she told me in the presence of the defendant that she was not comfortable there, and begged me to take her away, which I did some four days afterwards. I had a postcard from my sister and I went down to see her; I said, "What is the meaning of this postcard?" She said, "Mother is b——well her own master and she is b——well her own missis, let her b——well clear out of here,
I don't want her." Then I took mother to my house and she has been there ever since. That was on June 10, and on the 12th, at my mother's request, I wrote to my sister the registered letter which has been read. I have had no conversation with my sister about the money since.
Cross-examined. I brought some charges against the police before the Police Commission, but the Commission did not think there was sufficient corroboration to act upon it. All the conversation that I have spoken of with my sister is true. I have not been a great trouble to my mother; I owed her money in 1901, which she has had back since. I was not drunk when I went to the hospital to see my mother, and the police were not called to remove me. I was formerly a cabman; the Police Commissioners refused to renew my license because I was fined for street betting.
Re-examined. I have been fined for street betting three or four times. I complained of the police about street betting, and in conesquench I gave evidence before the Commission. I produce the Paragraph of the report which refers to myself.
ALBERT WARD , detective, L Division. I was with Thompson at half-past seven on June 21, when he served a summons on the prisoner. The summons was read to her and she said, "What money I had from my mother was given to me as a present," or words to that effect.
This concluding the case for the prosecution, Mr. Daniel Warde took objection to the charge as being a case for the Civil Courts. He cited Winter v. Winter (4 Law Times, 639); Bennett v. Bennett (10 Chancery Division); and Cochrane v. Moore, (25 Q.B.D., 357). He submitted that this case was one not of fraud, but of mistake, and when the criminal proceedings were threatened the defendant refused to return the money under threat. His client was a person of substance and was quite prepared to refund the money if a verdict was obtained in a Civil Court, but her contention was that the money was a gift.
Mr. Purcell argued that the charge was properly brought under the Larceny Act of 1901. The mother had given the money for safe keeping to the daughter, and when she asked for it to be returned the daughter said she must wait. There was no assertion at that time that it was a gift. Then after the money had been formally demanded and refused these proceedings were taken. At the same time he did. not think these sort of cases were desirable in a criminal court, and he bad advised his client to try and arrange the matter. He thought if an adjournment were granted it might still be possible to stop this criminal charge by a mother against her daughter being proceeded with.
After a short adjournment terms were settled between the parties, and Mr. Purcell asked that he might be allowed to withdraw the evidence on the part of the prosecution.
Judge Rantoul assenting to this course, a verdict of Not Guilty was entered.
COLTMAN, John (19, newsvendor); WALSH, William (19, French polisher), and STEVENS. William (22, carman) all stealing the sum of 7d. or thereabouts, the moneys of James Neill, from his person; all unlawfully assaulting James Neill, with intent to rob and steal from his person divers of his moneys; all unlawfully assaulting Reuben Roff, a constable of the Metropolitan police, with intent to resist their lawful apprehension; Walsh unlawfully assaulting George Barker, a constable of the Metropolitan police, with intent to resist his lawful apprehension; Walsh unlawfully assaulting Thomas Brown.
Prisoners were first tried upon the indictment for larceny from the person of James Neill.
Mr. Boyd and Mr. Oddie prosecuted; Mr. G. Tully-Christie defended Coltman; Mr. Hutchinson defended Walsh.
JAMES NEILL , labourer, 6a, Clarendon Street, Somers Town. On June 22, about 7 p.m., I looked in the "Jubilee" public-house, Gee Street, Somers Town, to see if a friend of mine was there; I then went to the next door when I was surrounded by five or six men, among them Coltman and Walsh; they pinned me against the front of the public-house; Coltman held my hands out while the other men went through my pockets; he also pressed his knee against my stomach, and somebody hit me in the stomach. At the police court I said Walsh hit me in the stomach, I was confusing Walsh with Coltman. They emptied my pockets; I had 10 1/2 d. in them; then they went off in the direction of Clarendon Square; I followed and I saw Coltman outside the Catholic Church kicking at females as he ran; I followed him till the police came, when I pointed him out. I did not see Walsh again till I saw him at the station. He was not put up for identification; I saw him there with other people. My trousers were torn so that I could not wear them; a constable lent me the pair I have got on.
Cross-examined by Mr. Tully-Christie. I went from one door of the public-house to the other to look for my friend; the men came out of the "Jubilee"; I cannot say I saw them come out. There were no other people in the street except children playing. Coltman was the only one who held me. I had not been drinking. I was running after them for about 20 minutes; we only went about a quarter of a mile owing to the stoppages and the disturbance. Coltman had been drinking; there was a female there outside the Catholic church; she seemed to me to be trying to check him from his madness; trying to hold him.
Cross-examined by Mr. Hutchinson. When I mixed up Coltman and Walsh at the police court, I think it was Mr. Ricketts who pointed out my mistake; that would be in cross-examination, I cannot ex-plain how it was I said Walsh had his knee on my stomach and directly afterwards said I saw Coltman caught by the policeman. It was Coltman I followed. I told the policeman that these men came out of the public-house.
Re-examined. Coltman is the only one of these three men who did anything to me. At the police court I always pointed to Coltman and called him Walsh. I did not know their names.
JAMES ROBERTS , railway carman, Somers Town. On June 22, about 7 p.m., I went into the "Jubilee." While I was in there some men came in, among them Coltman and Stevens; the barman refused to serve them. When I went out of the house I saw Neill surrounded by a number of men; he was being hustled, and he said, "They have got my money." Stevens and Coltman were among the men round him. Coltman was in the centre; he was very conspicuous because he had a white helmet on, a discarded soldier's foreign service helmet. Stevens was more to the outside. When Neill said, "They have got my money," they broke away from him and went round Clarendon Square in the direction of Phœnix Street. There were a lot of women and children in Clarendon Square, and one of the women rushed at Goltman and struck him; he retaliated, and then ran into the crowd kicking and punching indiscriminately. At the corner of Carlton Street Coltman was arrested. I saw Walsh about midway between the "Cock" public-house and Equity Buildings, that would be about 150 yards from the "Jubilee." I subsequently identified Stevens at the police station on July 5. He was put up for identification with 10 or 12 others, and I picked him out.
Cross-examined by Mr. Tully-Christie. I was in the saloon bar and these men came into the bar facing; I could see perfectly well. There were seven or eight of them altogether; I could not say which one struck Neill; I saw the blow struck and heard the cry; Neill followed them; I followed also. I saw Coltman arrested.
Cross-examined by Mr. Hutchinson. The two I am prepared to swear were in the public-house are Coltman and Stevens. The first time I saw Walsh was midway between the "Cock" and Equity Buildings. The men all walked hurriedly away after the robbery.
Re-examined. Holtman's white hat got knocked off when he was in the square.
GEQRGE JONES , caretaker, Polygon Buildings, Clarendon Square. On June 22, about 6.45 p.m., I noticed a crowd, amongst whom were Coltman and Stevens, coming from the north-west end of the square; they were followed by a crowd of women and children; they tried to drive the women and children away. They went in the direction of Phœnix Street; Neill was following, and in consequence of what he said to me I stood by him and I was assaulted by someone, who I cannot say, but I believe it to be Stevens. I was struck on the back of the head. I saw Coltman arrested, and I saw Stevens there, but I cannot say that Walsh was there. I received another blow on the eye, which broke my glasses.
Cross-examined by STEVENS. I feel confident that you were the man who hit me.
THOMAS BROWN , clerk, 151, Carlton Road, Kentish Town. On June 22 I was on the steps of the club in Clarendon Square. I saw Coltman arrested. I also saw Police-constable Roff arrest Stevens. The crowd were very hostile, and I went to the officer's assistance, and I was beaten off by Walsh.
Mr. Hutchinson objected to this evidence, on the ground that an assault upon a person who was not present at the time of the robbery had nothing to do with the robbery.
Mr. Boyd submitted that evidence which showed that Walsh was in company of the other man immediately afterwards in the neighbourhood was admissible for the purpose of identification.
Judge Rentoul. I do not think it strengthens your case much; you had better leave it out.
To Mr. Hutchinson. There were a good few people there when I was assaulted.
To Mr. Tully-Christie. I do not know what Coltman was actually doing at the time he was arrested. He came down the street with a big mob of people behind him. I could not say whether he was sober or not.
Police-constable GEORGE COBBETT , 556 Y. On this evening I was with Police-constable Whitbread in Phœnix Street when Neill called out to us and pointed out the three prisoners and some other men. Neill's trousers were torn down the front and he was very much excited; he was sober. I arrested Coltman, he was very violent; I had to get assistance to take him to the station. I saw Walsh there; he struck Police-constable Roff in the face.
To Mr. Tully-Christie. Coltman was not drunk when I arrested him. I arrested him because Neill pointed him out to me.
To Mr. Hutchinson. There was a large crowd there at the time.
Police-constable WILLIAM WHITBREAD , 287 Y. On this evening, in consequence of a statement made to me (in company with Police-constable Cobbett) by Neill, we arrested Coltman. He was very violent. I also saw Stevens in the custody of Police-constable Roff and I saw Walsh strike him in the face.
To Mr. Hutchinson. There were two or three hundred people there at the time.
Police-constable WILLIAM REUBEN ROFF , 391 D. On this evening I was in Clarendon Square in plain clothes, off duty, when I saw the two officers, Cobbett and Whitbread, with Coltman in custody. They were having difficulty and I went to their assistance. I arrested Stevens. He kicked Cobbett; I went towards him; he struck me in the face, and I arrested him. While I had him in custody I was assaulted by Walsh.
Mr. Hutchinson again objected that evidence of this assault was not admissible upon the present indictment.
Mr. Boyd submitted that it was admissible as evidence of identity. Coltman was in the custody of Cobbett and Whitbread; Roff went to their assistance, when the other prisoner, Stevens, made an attack on the officers; upon that Roff arrested Stevens and while he had him in custody he was attacked by Walsh.
Judge Rentoul. That makes it part of it, certainly.
Examination continued. I did not succeed in holding Stevens; both he and Walsh went off.
Cross-examined by Stevens. Coltman was in custody when I came up; his wife was hanging on to Police-constable Whitbread's shoulder endeavouring to release him. I was kicked several times.
Police-constable GEORGE BARKER , 612 Y. On June 22 at 9.30 p.m. I saw Walsh jumping over a wall. I arrested him for highway robbery with violence. He made no reply. On the way to the station he said, "If you have got me for this you won't have it all your own way. What do you take me for?"
Cross-examined by Mr. Hutchinson. I was in plain clothes; I and another man ran after the prisoner; the door of the house was shut; I put my shoulder against it and burst it open. I do not know John Harris; I do not know Alfred Spencer. Prisoner did use violence.
Police-constable WILLIAM ADLETT , 45 YR. I arrested Stevens on July 5 at 3 a.m. at 6, Cleveland Mews for being concerned with the other two men in assault and robbery. He said, "I know nothing about it." On the way to the station he said, "I was in Seymour Street and heard the whistles blowing and I ran away. I had a fight with a man named Wagstaff. This is what I got," and he showed me his hand.
To Stevens. When I arrested you you said, "I know nothing about this affair." You did not say you had a row at the "Palmerston" in Hampstead Road at 10 o'clock.
Mr. Hutchinson submitted that there was no case against Walsh.
Judge Rentoul ruled that the whole case must go to the jury.
JOHN COLTMAN (prisoner, on oath). On June 22 about 7 p.m. I was going through Gee Street with my wife and two other chaps; I went into the "Jubilee" to get a drink, but they would not serve me. I came out and started to walk round Clarendon Square; there was a lot of children following us and I went into the "Cock" to get a drink; they would not serve me there. When I came out or the "Cock" I was arrested for drunk and disorderly. That is all I remember. I did not see Mr. Neill at all; I did not attempt to rob him, or hold his hands up or attack him in any way.
Cross-examined. It is quite true that I went into the "Jubilee" and that I went from there along Clarendon Square. I know Stevens well. I only know Walsh by sight. I did not see either of them in the public-house. I do not know that I had a white helmet on that night. I did not see Neill robbed; I did not hear him shout out that he had been robbed. Stevens was not with me in the "Jubilee" that evening; I saw him at the Cobden Statue about a quarter to seven and left him there. I cannot suggest any reason why he should try to rescue me from custody, or why Walsh should interfere with the police in any way.
him again; ho came outside and I tried to get him home; two constables came up and took him in charge; I thought they were charging him with drunk and disorderly.
Cross-examined. 1 had met my husband at about six o'clock in High Street, Camden Town. He was wearing a white helmet. He was wearing it when he went into the "Jubilee"; I did not go in with him; I did not see any one else go in with him. I do not know whether he was wearing the white hat when he was arrested; I never saw it afterwards.
EDWARD SOMERVILLE , French polisher. I met Coltman at about 6.30 or 7 p.m. on June 22 at the corner of Pratt Street. He went into the "Jubilee" for a drink, and they refused him; I did not see anybody go in with him; I waited outside. When he came out we went round the corner,; he went into the "Cock" for a drink, and they refused him; when he came out two constables took him in custody. I have seen the prosecutor; I did not see him at all that day.
Cross-examined. The "Jubilee" was the first public-house that Coltman went in while I was with him. I waited outside for him; I did not see a man robbed there; I did not see a crowd of men round another man; there were a decent few people round there. Coltman was wearing a white helmet that day; I think ho lost that up the road; I cannot swear that he had it when he went into the "Jubilee." I know Steven by sight; he is not a friend of mine. I could not say whether he was with Coltman when he went into the "Jubilee." I did not see any other men with him when he came out. I will not swear that there were none.
JOSEPH STROUD , French polisher. On June 22, at about 6 or 6.30, I met Coltman opposite Pratt Street; Somerville was with me; we went down High Street and Evershott Street into Gas Street; Coltman went into the "Jubilee" to get a drink and was refused. I waited outside with my friend and Mrs. Coltman; we could see into the public-house; I did not lose sight of Coltman at all; when he came out we went round to the "Cock," and he went in there; he went in alone; when he came out two constables came and arrested him; there was a crowd there; I thought he was arrested for being drunk. I did not see Neill at all that day. I do not know Neill; I have seen him about here to-day. From the time that Coltman went into the "Jubilee" until he came out of the "Cock" I had not lost sight of him.
Cross-examined. I kept my eye on him because I was with him and had to get him home. I think Somerville was round the corner at the time and Coltman's wife also. I did not see Stevens there at all. I did not see a group of men surround Neill. There were a lot of people there. I know Stevens; he is not a friend of mine. I have known Coltman since we were at school together. I do not know Walsh. I am quite sure that Coltman went into the "Jubilee" alone.
(Thursday, July 20.)
row outside. I went outside and saw Coltman took up for being drunk; there seemed to be a fight between everybody. A man named Brown caught me by the collar. I was not in the "Jubilee" that night at all. I did not see Neill at all. I know none of the other prisoners.
Cross-examined. The "Cock" is about 150 yards away from the "Jubilee." I never go to the "Jubilee." I did not see Stevens on this night at all, nor did I see Roff. There were two people between me and Coltman when he was being arrested. I had nothing whatever to do with the assault and robbery on Neill or with the row which took place when Coltman was arrested. Barker, when arresting me, did not tell me that I would be charged with robbery; he said; I would get to know what the charge was when I got to the station. I did not kick him. All I said on the way to the station was, "Have you got me for hitting Brown?" I knew I had hit him, because he had got me by the collar and put his knee in my back. He assaulted me first; I did not know him before.
WILLIAM STEVENS (prisoner, on oath). At 7 p.m. on this evening I was in the "Lord Palmerston," Hampstead Road, which it 10 minutes' walk from the "Jubilee." I did not go into the "Jubilee" with Coltman and I was not present when the robbery took place. I did not leave the "Lord Palmerston" until turning-out time. At 6.45 p.m. I met Coltman at the corner of Crowndale Road; I saw he had had a drop to drink, so I went on to the "Lord Palmerston."
Cross-examined. When arrested I did not say that I was in Seymour Street, that I heard the whistles blown and ran away; I said I was in the "Lord Palmerston" and that I had had a fight in there with Wagstaff. I have not been out with Coltman for the last 18 months. I have used the "Jubilee," but not frequently; I have only been in the "Cock" twice.
ROBERT POOLS , barman, "Lord Palmerston," Hampstead Road. Stevens is a regular customer. He was in the house between 9 and 10 p.m. on June 22; I remember it because he had a fight with a man at about 9 and they had to be put out. He is there nearly every night between 6.30 and 11 p.m. I have never found him the worse for drink.
CHARLES SMYTHE . On the night of June 22 I was in the "Lord Palmerston" between 7 and 10. I saw Stevens, whom I know intimately, there. He had a fight with Wagstaff, because Wagstaff, who was the worse for drink, insulted him; it started inside. Stevens was with me from 7 till 12.30 p.m.; we went together to different public-houses and then we returned to the "Lord Palmerston," when we left each other.
Cross-examined. I only occasionally meet Stevens at the "Lord Palmerston" in the evenings. I am a teetotaller. It was near 7 or soon after 7 when I met Stevens.
Verdict, Coltman and Stevens, Guilty; Walsh, Not Guilty.
Walsh and Stevens were then indicted for the assault upon Reuben Roff.
Police-constable WILLIAM REUBEN ROFF . repeated his evidence upon the previous indictment and added: When taking Stevens into custody Brown assisted me. Walsh attacked Brown and knocked him away from Stevens. He then struck me in the eye. I tried to get hold of him, but I could not. I was a week off duty because of the black eye. He was brought in about 30 minutes after by Police-constable Barker. I identified Stevens about a week afterwards.
Cross-examined by Stevens. I described you as wearing a green suit, There was a large crowd. Stevens was struggling very hard. It is quite possible that there were eight or nine people between me and the constables who were arresting Coltman.
Cross-examined by Stevens. I described you as wearing a green suit, a collar and a shirt similar to the one you have on now.
THOMAS BROWN . I saw Coltman arrested by a police officer. Roff went and struggled with a man who was trying to prevent Coltman's arrest. I went to help him, and found Stevens struggling on the ground in Roff custody. Walsh came up and smashed me in the face, cracking two of my teeth. He also hit Roff and beat him off Stevens, who got away. Walsh also got away. I was at the station when Walsh was brought in by the police. On July 5 I identified Stevens.
To Mr. Hutchinson. I did not know Walsh before this. I know his sister. There is an action pending in the High Court, in which I am going to give evidence; this is the first I have heard that Walsh's sister is going to give evidence on the other side; it is over politics, and she is on the other side. It was a large crowd, and there was a good deal of fighting. I felt a kick in the back, but I do not know who it was that kicked me; it was impossible for any of the three prisoners to have done it. I did not run and catch hold of Walsh by the neck; I never had a chance to touch him.
Re-examined. I did not know at the time that Walsh was Miss Walsh's brother.
DR. RICHARD WILLIAM STARKIE , divisional surgeon. I saw Brown at the police-station on June 22; his left cheek was swollen and inflamed, and his lips showed that he had had a severe blow in the mouth. On examining Roff I found his right eye was seriously inflamed and the pupil was hardly to be seen. Barker had an abraision on the left leg, but it was not serious.
ELLEN WALSH . Prisoner is my brother. On June 22 I was looking out of the window at 64, Carlton Street, where I saw a crowd. I came down and saw a man being taken off for being drunk. I went a little way along when I saw Brown, whom I have known for the past three years, in a scrimmage. He caught hold of my brother by the back of the neck, and there was a souffle between them, and my brother struck him.
Cross-examined. I never saw Stevens there. My brother did not go to his assistance, and he never, hit anybody but Brown. I think Brown may have invented his evidence because he thought my brother was my young man.
THOMAS HULL , porter. At about 7 p.m. I was with Walsh in the "Cock" public-house, when I heard whistles going outside. We went outside and saw a big row going on. Brown came up and caught hold of Walsh by the back of the neck. Walsh turned round and hit him.
Cross-examined. Brown also put his knee into Walsh's back. I never saw Stevens there. Walsh did not go and assist him; he never struck Police-constable Roff.
JOHN HARRIS , 30, England Buildings. Between 8 and 8.30 p.m. on June 22 Walsh came running down our court, followed by two men in plain clothes. He ran into No. 7 and shut the door. They pushed the door open. When they came out I followed them to the station. He did not kick anybody; he was not at all violent.
Cross-examined. I did not see what took place inside the house.
Stevens confessed to a previous conviction of felony on February 9, 1909; 16 convictions dating from 1905, mostly for disorderly conduct, were proved against him; two of them were for assaults on the police. Against Walsh six convictions, dating from 1907, five of which were for larceny and one for wounding, were proved. Against Coltman 11 minor convictions were proved, mostly for disorderly conduct and none for felony. Prisoners were stated to be a terror in the neighbourhood.
Stevens called evidence as to character.
Sentences: Coltman, Six months' hard labour; Stevens, Nine months' hard labour; Walsh, Three months' hard labour, on each. count, the sentences to run concurrently.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, July 20.)
Mr. Forrest Fulton prosecuted; Mr. Huntly Jenkins defended.
THEODORE DOLORO , manager, Pagani's Restaurant, 48, Great Portland Street, W. On July 1 I made out a cheque for £4, payable to Mr. Carle, of 112, Great Portland Street, for Mr. Machini, the proprietor's signature. The cheque has been altered to £90 and to "pay cash." The alterations are not in Mr. Machini's writing.
LOUIS CARLE , joint manager, Austrian Daimler Motor Company, 112, Great Portland Street. On Sunday, July 2, I had occasion to call at my office and saw a letter in the letter-box with the stamp "Pagani's Restaurant" on it, addressed to me. I did not open it. On Monday morning it was not there, and I sent a messenger to Pagani's Restaurant. On Tuesday about noon I was called to the Great Portland Street branch of the London and South-Western Bank. I saw prisoner there. The manager of the bank asked me if I knew him. I said I had never seen him before. The endorsement on the back of the cheque is not my signature.
Cross-examined. I never saw prisoner before in my life.
HERBERT L. TAYLOR , chief cashier, Great Portland Street branch, London and South-Western Bank. On July 3 I received a communication from Pagani's about a cheque. On the following day prisoner came. He passed this cheque across the counter for payment. I noticed that it bore the number referred to in Pagani's communication, but it was for £90. I therefore examined the cheque once more to make sure it was the same cheque. I then detained prisoner and asked him to come to the manager's room. The manager asked him where he got it from. He said he got it from Mr. Carle, that Mr. Carle was waiting in the hotel, and that he worked for Mr. Carle, who had sent him to get the money. A messenger was sent for Mr. Carle. Mr. Machini was there when Mr. Carle came. The manager asked Mr. Carle if he knew prisoner. Mr. Carle said "No."
Police-constable GEORGE GLEESON , 275 D. I was called to the London and South-Western Bank on July 4 at 12.25. I saw prisoner there. The manager showed me the cheque, which he said had been handed over the counter by prisoner for payment. Prisoner said, "Mr. Carle gave me the cheque to cash for him. I do work for Mr. Carle.' When charged he said he was quite innocent.
Cross-examined. He strenuously denied being guilty of forgery or of stealing the cheque. Before he was charged he said, "Mr. Carle said, 'Hullo, John, would you mind going to the bank to cash this cheque for £90? I am just going to the restaurant; say Mr. Carle sent you.'" Prisoner's writing was tested at the police station. He said he was not a good scholar. When I saw him write he wrote very fair. He was told by the inspector to write "John Carle." He was not cautioned or warned. Forgery was not charged against him. I do not know the inspector's name.
I do not know his name. He had a gentleman with him whom I do not know. I was told to ask for notes and say Mr. Carle sent me. I thought he was Mr. Carle. That is why I told the manager I knew Mr. Carle personally. As soon as Mr. Carle came into the bank I said I had never seen him before. I had not worked for this man.
Cross-examined. I met this man three or four doors from the bank. I had seen him at Alexandra Park races the Saturday previous. I do not know what he was doing there. I had also seen him at sales. I used to buy at sales very largely once.
Verdict, Guilty of uttering. Several previous convictions were proved. Sentence, Three years' penal servitude.
Mr. Graham-Campbell and Mr. Adrian dark prosecuted; Mr. Edmondson defended.
ALBERT GREGORY , carman to Spenser, Whatley, and Co., Limited, coal merchants. On June 8, at 6.30, I locked our stable, 630, Railway Arch, Cottage Grove, Clapham. Next morning I found the padlocks were broken and three geldings were gone.
ALFRED HOPE MARNEY , manager, Spenser, Whatley, and Co., Limited. I went to the stables on June 9 and found the police in charge. Three horses were gone. Two were worth £70 each, the other £60. I afterwards saw the horses at Brixton Police Station yard.
ALBERT EDWARD WAY , horse porter, Paddington Station. Prisoner and another man brought the horses to Paddington before I arrived at 5 a.m. on June 9. This is the way-bill. They were consigned to B. Alder at Charrow. The consignor is Johhstone, 7, Wellington Street, Hammersmith. They went by the 7.30 train. The owner is given as Harris.
ARCHIBALD DREW , stationmaster, Charrow. The horses arrived at Charrow at 10 a.m. Prisoner was on that train. I knew him as visit ing the place previously. He said, "They belong to Alder. I bought them; they were to be met." As they were not met I allowed him to take them. He signed for them in the name of Miller.
JOHN JOHNSTONE , 7, Wellington Street, Hammersmith, horsedealer. I know prisoner and Mrs. Brook Alder. I gave no ortfers for horses to be sent to Alder on June 9. I did not authorise any one to use my name.
Cross-examined. I have know prisoner seven or eight years. I did not carry on business in partnership with his father. His father carried on business at a yard of mine. I might have sold him a horse or two and bought one or two. I have never had dealings with prisoner.
He has never been in my employ. I have known Alder 10 or 12 years. (Document handed to witness). I do not know whose writing it is in. I have never seen that writing before. I have never given prisoner money that I know of. I might have given him money for his father if I owed his father money. I have never paid anything to his mother. I was not aware that he stayed with Alder two months last year. He was not sent at my request. I do not know a man named Jones who deals in horses and wears a quantity of jewellery and a diamond stud, and who has lost a finger. I have sold Alder many hundred horses. He knows the value of horses to an extent.
BROOK ALDER , horse-dealer, Charrow, Wantage. I have been in business about 20 years. I first saw prisoner about September or October last at Ward's Repository, Paddington. He gave me one of his cards. I have not got it. It had on it, "Carman and Contractor, "Kennington, somewhere. He said he was not enjoying very good health and would like to get down in the country. I saw him two or three weeks after that at my place. He said he was coming down to stop a few days. He stopped with me two months. I did not charge him anything. On June 9 he brought three horses. I bought them for £75. I paid him £50 in gold, a cheque for £5, and £20 he owed me which I lent him on May 30. Exhibit 1 is a cheque for £5, endorsed by G. Miller. I do not know prisoner's handwriting. I made a statement to some police officers at my place the same evening. I sold horses to Mr. Midwinter the same day with another one, and they were put on the rail.
Cross-examined. I was not introduced to prisoner by Johnstone. That subject has not been mentioned to me before. I have never seen prisoner at Johnstone's place. I do not know his father. I did not know that his father and Johnstone had business relations. I have bought 13 horses from prisoner. I bought two from him on February 23 for £40, three on March 28 for £62, three on April 25 for £52 or £53, two on May 11 for £66. I do not think I ever paid him by cheque. I lent prisoner £20 at Charrow Station on May 30. He came down the night before. I sold him two, three, or four ponies about the date I bought the two horses for £66. I have never sent him ponies to sell for me. The value put upon the horses of £200 is exaggerated. On two or three occasions when prisoner came down he represented that the horses were too much worn for his business. The horses I bought for £66 I sold for £72. I always found prisoner honest and straight-forward in his transactions. When he came to stay with me on account of his health he became my assistant practically. As to knowing Mr. Jones, I know a short chap by sight; I do not know his name; I do not know that he had lost a finger. I have never been to Smithfield. I was at the Elephant once. I did not meet prisoner there. When I met him at Ward's Repository he was a perfect stranger to me. I do not know who introduced him to me; it was not Johnstone.
I there saw Mr. Alder and as a result I sent a telegram to Detective Dyer. On June 11, at 12.35 a.m., I saw prisoner at Brixton Police Station. I told him that three horses, valued £200, had been stolen from a stable at Cottage Grove, Clapham, and some hours later he had sold them to Mr. Alder, of Wantage. I said, "Those animals are outside the station. You can see them if you like." He said, "I told them. I got them from a man named Jones. I do not know where he lives. I met him by accident at the Elephant last Thursday afternoon. He said he had been looking for me, as he had three horses he wanted me to buy. I told him I could not buy them, but I knew a man who would buy them from him. He said he would bring them to Paddington and put them on the rail. I went next morning and saw Jones there. He told me he had loaded them, and I went down with them and sold them to Alder for £55; he paid me in gold and a cheque for £5. I came back, met Jones at Paddington, and gave him the money. He gave me £5. I have seen him several times before, but not since. I do not know where he lives. I think he comes from Smithfield. His age is about 25, single, 5 ft. 9 in., clean shaven, dark complexion, blue suit, two rings on his fingers, gold watch and chain, diamond ring, one finger deficient on the right hand." He was charged and made no reply. I am satisfied the endorsement on the cheque (Exhibit 1) is prisoner's writing.
Detective-sergeant ALFRED DYEE , L Division. Receiving a tele-gram from last witness on June 10 I went to 50, St. Mark's Road, S.E., where prisoner lives. I saw him. I told him I was a police officer and should arrest him for stealing some horses from Clapham Road on the morning of the 8th, which had been traced to Charrow. He said, "I do not know anything about it. I have been to Charrow several times on and off for about 12 months. The last time was Friday, the 9th. The only thing I know is a man named Jones, of Smithfield Market, asked me on Thursday, the 8th, if I could sell three cart horses for him. I said, "Well, I cannot sell them in the market. I do not know who to sell them to. I know a man who might buy them in the country and I will go down and see him." He said, "I will put them on the rail for you at Paddington." I met them and took them down to Charrow. I took them off the rail and sold them to Mr. Alder, of Charrow, for £55. I left there by the 2.45 train and met Jones at Paddington at 5.30. I handed him £50 and he gave me £5 in Lyons's, opposite Paddington Station." I took him to. Brixton Police Station, where he was searched, and on him was found 2s. 6d. silver and some coppers. Later at Brixton Prison, secreted in a pocket at the top of his trousers, was found £27 gold.
GEORGE HENRY MILLER (prisoner, on oath). At the time of my arrest I was residing at 50, St. Mark's Road, Kennington. I have known Mr. Johnstone several years and Mr. Alder about two years. I first knew Jones when my father had a yard at Hammersmith with
Johnstone. I worked for Johnstone. He paid me £1 a week. I heard Johnstone swear he never employed me. That is untrue. I was sent down by Johnstone to work for Brook Alder. I do not know why. I was there nearly two months. Alder paid me nothing. I never borrowed a penny off Alder in my life. I took the three horses said to belong to Spenser, Whatley and Co., Limited, to Charrow by Jones's instructions. I was selling them on commission. I sold them for £55, not £75. Alder paid me outside the station. He wrote the cheque for £5 in black lead or marking ink pencil. He paid me £50 in gold. I met Jones at Paddington and told him I had sold them for £55. I went to give him the money; he said, "We will go and have some tea." We had tea at Lyons's restaurant at Paddington. I gave him the £55. He counted it and said, "I have no banking account; will you take the cheque and get it cashed?" That was for my commission. My young lady has a banking account and she gave me £5 and paid it into her bank. It was stopped. Jones's chaps took the horses to Paddington. I arrived there at 6 a.m. I gave a hand to lift the horses in. When they 'got the last horse in Jones told me the price of the horses. He said, "Make £50 to £60." I made £55. It is untrue that Alder paid £70 and that I owed him £20.
Cross-examined. I have known Alder two years. He is telling a lie when he says he only met me last September. I did not think there was anything dishonest in my dealing with Alder. He. was very hard to deal with. I suppose he is telling lies to screen himself. I suppose he found out the horses had been stolen. He knows I was selling them on commission; I heard him say he never heard the name of Johnstone. He is telling lies again. I did not tell him I was a carman and contractor. He knew I was not. When I first started in the dealing line I gave him a card with my name on, "Horses bought and sold on commission." I sold him the horses. I did not tell him on February 21, April 25, or May 11 that they were mine or that they had gone too far for my work. The first two horses I sold him I said I was selling on commission for a gentleman. I knew who had horses out at different firms on hire and that he was going out of London and asked me to sell them. The two horses I sold on May 11 for £66 were Mr. Jones's. Alder paid me £40 for them and I bought two cobs off him for £10. One turned out lame when it got to London and was sold for 15s. I lost money over the deal. The owner of the two horses I took down on May 11 is given as F. Harris; that is Jones's man, who I took down with me to see how much I sold the horses for. When I took the horses down Alder said, "Do not send any more horses to Alder because I have a disputeabout some money with the company. Send the two horses to Wilkinson, Wantage Road, who is my foreman." I first met Jones last year at Johnstone's place at Hammersmith, where I was employed by my father and Johnstone. They were in partnership. Johnstone is telling lies, too. Jones described himself to me as a horse dealer. I could not say where he comes from. I have seen him talking to people. I do not remember any of them. Alder has seen him with
me at Ward's Repository and has been with him several times. On June 8 Jones met me at the Elephant. He said he had three hones coming from the firm, where they had been out on hire; would I take them and sell them I said, "Yes." He said, "Can you mee tme to-night and I will tell you all particulars?" I said, "What time?" He said, "Between 11 and 12 at the 'Rockingham.' "He came about 12.15 with two chaps, and his trap had three horses behind. I do not know whether they are the three I took down. He told me full particulars and asked me if I could be at Paddington Station the following morning at 6. I got there at 6 and met Jones and his chap. I arranged to sell the horses for him on Friday afternoon. I heard the evidence that they were not stolen till that night. Jones came to our house one night. My mother saw him. I told my brother and mother I was selling horses for Jones. (To the Judge.) It was Thursday afternoon when Jones said, "Could you be at Paddington at 6 o'clock." I was to be there on the Friday morning. That was before the horses were stolen. I had never seen the horses before Jones fetched them to the station.
Verdict, Not guilty.
(Friday, July 21.)
JOSEPH WILLIAM TURNER , carman to Weston and Westall, drysalters, Denmark Road, Camberwell. On April 24 we had on hire from Drapper's a bay mare and a black and a brown gelding. At 9.10 p.m. the stables were fastened securely. At 6 a.m next day I found the padlock had been broken and the horses were gone.
WILLIAM GIBB , 24, Hood Street, Deptford. My firm, Messrs. H. Drapper, Limited, supply Weston and Westall with horses on hire. On April 25 we received certain information about three horses. Their value is £120. I have since seen one of them at the police station.
JAMES JACKSON , cattle foreman, Paddington Station. On April 24 prisoner and a young chap brought some horses. They were put in wagons. They were consigned to Wilkinson's, Wantage Road. The owner was stated to be F. Harris, 14, Wackham Street, Pall Mall. The declaration is signed F. Harris; that was signed by the other young man.
Cross-examined. The man who signed his name as F. Harris was not older than prisoner. I did not notice any oilier man there.
HARRY NICHOLLS , station master, Wantage Road. Wantage Road is the next station to Charrow. I have heard that Mr. Alder's place is about midway between the stations. On April 25 three horses arrived by the 7.30 from Paddington. Prisoner came to take the horses away. He had a lad with him. The lad signed the book in the name of F. Wallis. Prisoner asked for three horses in the name of Wilkinson, paid the carriage, and took possession of them.
Cross-examined. I do not know Wallis. I did not see prisoner arrive at Wantage Station or leave for London by the 10.4 train. He appeared to have come from some place near Wantage Road. The lad who signed for the horses was about 19 or 20. I have known Alder a long time. I do not know his men.
Detective-sergeant ALFRED DYER . In consequence of a telegram I received from Inspector Eustace, I went to 50, St. Mark's Road, Kennington, on June 10, and arrested prisoner on another matter. There was no sign of any business being carried on there. It is a six-roomed house with a stable. I was not present when he was charged.
Inspector WILLIAM EUSTACE , W Division. I saw the black horse which was produced by Mr. Alder outside the police-station. It was identified in the presence of prisoner. When charged he did not say anything. (The witness again read the statement made by prisoner when arrested.)
GEORGE HENRY MILLER (prisoner, on oath). I am 19 years of age. I heard the statement made by Inspector Eustace. The description I gave of Mr. Jones was given frankly by me. As to Drapper's horses, Jones came to my house with his chap in a trap at 9.45 p.m. He rang the bell. My sister opened the door. He said, "Is your brother in?" She said, "Yes." She called me. He said, "I have three horses which I have got from a firm where they have been out on hire. I want you to sell them." I said, "Certainly." I got my overcoat and got up in his trap. When we got to about Hyde Park Corner I see two of his chaps with three horses, which we took to Paddington and put on the train. We consigned them to Wilkinson, Wantage Road. I went down next day by the 7.30 train to Charrow. I went to Brook Alder's house. As I was in the train at Wantage Road I saw Brook Alder and his boy, Fred Wallis, getting the three horses off the train which were consigned to Wilkinson overnight. We stopped at the station. I saw him and Jones's chap. I holloaed out, which the station-master can prove. Alder went like that (illustrating) to me. I said, "I will meet you at home." As I got there his boy came along riding one horse and the other two were tied on to the cart. (To the Judge.) I had sent a telegram to Alder, saying, "Meet three horses booked to Wilkinson, Wantage Road." He saw me in the train. He did not pay me £53. He paid £40. I handed the money to Jones at Smithfield. He gave me £5.
Cross-examined. When I sold the first horses from Jones to Alder he told me not to send horses to Alder, but to Wilkinson, Wantage Road, because he had a dispute with the railway. There is a horsedealer named Wilkinson employed by Alder. I have been with Wilkinson. I have known Jones 12 months. He lives at Smithfield.
I could not say where. He called me George. I called him "Sir" because I always thought he was a gentleman. He toad three or four men working for him. I do not know where any of them live. I know where Denmark Road, Camberwell, 1s. It is about 20 minutes from where I live. On April 24 Jones came at 9.45 p.m. When I saw the horses at Hyde Park Corner they were not waiting for us; they were going along. I went with them to Paddington. There were three of us at Paddington. Jones did not speak to the horse-porter there; he left it all for me to do. Of course the man saw him, but he won't say. Jones's man used to sign the consignment notes. He never put his own name. I have not enquired at 14, Wackham Street, Pall Mall, for F. Harris. I have only known him by knowing Jones. (Mr. Symmons: It is only fair to say that Inspector Eustace has inquired, and he says there is no such person." It was at my request that the police inquired. I have not asked Wilkinson to come. It is nothing to do with me. I have not inquired for the telegram I sent to Alder. I do not know that the post-office keep original telegrams. I left the telegram to be sent in the morning. He would get it about 8.45. I know Mr. Nicholls and he knows me. If he would speak the truth he would say Alder and his boy got those horses. He is telling a lie about that because he has been told to say it to screen Alder. Alder is also telling lies because he knows this man Jones I sold the horses for, and he also knows how I bad been introduced to Jones. I do not say Alder knew the horses were stolen. He knew I was selling them on commission. He knew they were coming from Jones. I suppose he was buying them cheap. I cannot say whether they were cheap. I am not much of a judge of cart-horses. I had £19 in all out of the sales to Alder. I had £20 odd on me when I was arrested; it was in my pocket here. It was not concealed. (To the Court). Johnstone said yesterday he did not know Jones. They are all telling lies. Jones gave me £5 at a public-house in Smithfield, where we arranged to meet. When I gave him the money he said, "You have not sold them very well." He told me to make £40 or £50. Johnstone, Alder, Jones and his men have planned this case together, and got me here to-day. I do not say the station-master is in it, but he is telling a deliberate lie to shield Alder. It is nonsense him saying he did not know where Alder's place 1s. I did not tell Alder the horses were too much worn for my work. He knows all I have got to work upon is £25 to £30. I did not require him to pay me in gold. He would pay me in gold every time outside the station at Charrow just as the train was going away.
HARRY NICHOLLS , recalled. I have not been telling a lie to shield Alder. He did not come to fetch these horses. I have seen him occasionally on market day and when be has been going to London. We are not great chums that I know of. What I have said is perfectly true. (Mr. Edmondson: From the way you have given your evidence I do not think the prisoner was justified in drawing the conclusion he did, which is an ignorant conclusion, and so far as I am concerned I do not join in it.)
Verdict, Guilty of receiving the horses, well knowing them to have been stolen. The jury recommended the prisoner to mercy on account of his youth.
A previous conviction was proved.
Sentence, Two years' imprisonment under the Borstal system.
BEFORE JUDGE LUMLEY SMITH.
(Friday, July 21.)
ADNEY, William , being entrusted with certain property, to wit, two microscopes, the goods of Richard George Owen, did unlawfully convert the same to his own use and benefit; being bailee of certain goods, to wit, two microscpoes, the goods of Richard George Owen, did fraudulently convert the same to his own use and benefit, thereby stealing the same.
Mr. Huntly Jenkins prosecuted; Mr. Kyffin defended.
RICHARD GEORGE OWEN , 57, Hartford Road, W. I knew prisoner in 1910 when he was at a boot shop in Station Road, Kew Gardens. Afterwards we attended auctions and bought second-hand optical and mathematical instruments for re-sale. I found the money. I was present on November 25 when one of the microscopes was purchased at Stevens's auction rooms for £6 6s. I paid him £4 6s. 6d. the day before for the smaller one. I repaired them both with a little help from prisoner. With the addition I made to the bigger one £35 would be a fair selling price; for the smaller one £15. He called on me on January 21 for the larger one and a few days before that for the other. He said he had a purchaser for the smaller one in the north of London. He took it away to show to the young man. On the 21st he said the father had hesitated about allowing his son to pay so much as £15. He could not accept the price without my permission. He then took away the large one, saying he had heard of section purchaser at Clapham Junction. Not hearing anything from him, I called at his address on the 28th, between 10 and 11 p.m. I told him things were very unsatisfactory. I said there was £4 4s. unaccounted for that we ought to have had. He made several excuses. I asked him if the microscopes were safe. He said, yes, they were locked up in a cupboard, which I understood was in his bedroom. I said I would call for them to-morrow morning (Sunday), at 10. He said he would be certain to bo there. I called, but did not see him. I called again at 4 and 8. 1 did not see him till Monday, the 30th. When I said I had come for the microscopes and would not go away without them, he said they were locked up to keep them from the dust and I could not have them. I said I would not leave without them. I had a friend with me. After a time he collapsed and when I threatened to bring someone up and have the cupboard door broken open he admitted he had sold them for £12.
He did not say who to. He said he had lived on the money. I lodged a complaint at the police station and they took the matter up.
Cross-examined. I did not tell prisoner I knew how to make diamonds. It is possible when I was introduced to him the conversation turned on diamonds. I said no doubt they could be made if nature's methods were imitated. It is most probable I mentioned that I had invented a flying machine 30 years ago. I did not say if he went into partnership with me he would share in that. I did not repeat that to his father later on. Prisoner told me he had dealt in microscopes before; I had not. It was his own offer that he should attend sales with me and sometimes without me. He did the bidding. We were to share the profits. About £60 worth have been bought and £6 or £7 sold, on which there was a profit of £3. He had goods at his house with my consent for the purpose of sale. I have no record of purchases at Stevens's sale rooms amounting to £6 7s, Prisoner never paid anything. He did not pay 6s. for the cab; it was 4s. 8d. and I paid it. He has never paid a single penny for refreshments. He told me someone was advertising a small microscope and asked me if I would buy it. I might have said we had bought enough microscopes. At the end of November I was moving to Hartwood Road. I did not tell him I should not attend to the business. He did not say, "May I buy something on my own account while you are not at business?" He bought the microscope. I did not sell him objectives to fit it, for which he paid me 10s. I lent him £2 in December. I did not say he could pay me back when he sold that microscope. The large microscope was advertised first of all in the "Exchange and Mart" and no sale came of it. On January 21 he told me a Dr. Somebody was applying to him about the large microscope. He did not show me a letter from him that had been sent to Westcliff in answer to the advertisement. I might have said, "Let him come and see it at Oxford Road." He did not come on the 24th and spend two hours cleaning it with me. I did the whole of the work. I lent it to him to show the man. I saw him again on the 28th. I did not ask him to let me have it the next day to show somebody. I wanted to take it away. I did not make an appointment for 4 o'clock which I did not keep. The appointment was 10 o'clock. I went at 10 and again at 4. After 8 I saw Mrs. Adney. She did not tell me her husband had been waiting in from 4 to 8. I asked where the microscope was. She said it was in a cupboard. I told her I would have it broken open. There was no bullying. When I saw him I did not suggest he should get his father to lend him the money he had borrowed from me. He did not say the profits on the other goods were far more than that. He has never asked for an account of expenses incurred, the profit made, and the goods I have still in my hands. I have £40 or £50 worth of goods, in hand. He is entitled to share whatever profit I make on them when sold.
PERCIVAL HENNING . I accompanied prosecutor to defendant's house. Prisoner said he had sold the microscope for £12. He would not give the name or address of the purchaser. He said he had lived on the money.
Cross-examined. Prisoner did not ask about his profits in my hearing. I was not asked to go out. They did not ask what prosecutor had brought me there for.
Detective-sergeant ALBERT EVE , T Division. The warrant was placed in my hands on April 5. From January to April I was unable to effect prisoner's arrest. I made inquiries at the houses and kept observations outside his house. On July 3 he came to Chiswick Police Station. I read the warrant to him. He said, "I have a complete answer."
Cross-examined. I went to the house at Oxford Road about three times. I never saw prisoner's wife. I was not told prisoner was still living there. I did not ask what time he went out and came in. I asked if he was there and they said no.
Detective ALBERT CORBYN . I assisted last witness in his attempts to arrest prisoner at 8, Oxford Road. I saw the landlady three times. I have kept observations at least 20 times during the past three months.
Cross-examined. I asked the landlady if she knew where Mr. Adney was. She said she did not. She said he had gone away, but the wife was still living there. That was the beginning of May. When I saw her in April she said she did not know where he was; he came in and out.
WILLIAM ADNEY (prisoner, on oath). I got to know prosecutor first when I was with Mr. Kershaw, a bootmaker at Station Parade, Kew Gardens. Shortly afterwards he came to see me at my house. He told me he knew how to make diamonds and had several other inventions in view, and wanted me to help him with those inventions, and if they proved a success I was to have half profits. He suggested I should go to the sale rooms and buy, and on all goods that we bought I was to have half profits when sold. I agreed to this suggestion of his. About £65 worth of stuff was bought. On one occasion, at Debenham's, the last day of the sale, he had not sufficient cash and he asked for a sovereign, which I gave him, and I paid for a violin, 5s. Those were goods bought for us both. I also paid money for lunches and fares. He told me on one occasion he never carried money, but always carried his cheque book with him. I paid 7s. on one occasion because he said he never made out a cheque for odd shillings; that was almost the first sale at Stevens's. He drew a cheque for £6. The total amount I have spent is £4 8s., I think. I told Mr. Owen that Mr. Court, of Marylebone Road, had a microscope for sale and asked him if he had any objection to my buying it apart from other dealing, as he had told me previous to that he would take a fortnight to move and could not do business. I said, "I do not want to stand idle while I have £5 or £6 in my pocket." He said he had no objection. He never gave me the money for it. I sold it to Broadbridge, of Finsbury Pavement, about January 3. It was deficient of three objectives.
Previous to that we had bought several objectives at Stevens's, and I asked Owen to let me have those for the same price that we paid. He agreed and said he would put them down to my account. I bor-rowed £2 from him on Christmas Eve. I explained to him my position. I was practically stranded on account of no business having been done; my wife was down at my father's place at Westcliff, and I had no money to get down there. I said, "If you don't care to trust me you can have that microscope as security. I do not wish to pledge it." He said, "It does not matter; you need not bring it round," and he made out a cheque for £2. The big microscope was bought on November 25. It was advertised in the "Exchange and Mart" and nothing came of it. About January 12 he suggested it should be advertised from my father's place if he had no objection. He asked my father, who said he had no objection. Owen suggested advertising it in the name of Brooks. It was so advertised on January 20. My father got, I think, two letters. I took one which I thought was a probable buyer, and showed Owen. He said I had better have the microscope round at my place as they did not like any business carried on from his own place. That was January 23. He made no appointment with me between January 23 and 28. I saw him on the 25th, when he took the microscope away. He asked me how I had got on. I said the gentleman had not called to see it. He suggested I should get a situation. I said, "What about the remainder of the goods? You know I am entitled to half the profits." He said, "I can see to that all right. I do not think there is much in it." I was not satisfied and asked him if I could not have something in writing in reference to the profit I was entitled to. He got up in. arms at that, shook his fist in my face and said, "I have got you as tight as that." He came afterwards to my place and said, "What I have really come to see you about is, I have got a gentleman who will purchase the microscope and would like him to see it. What is the most convenient time?" I said, "Mention your own time. I am in all day to-morrow (Sunday)." He said, "Very well; 4 o'clock." No appointment was made for 10 o'clock. I waited in till 8, then I went out. I afterwards heard he had called. Next evening he blustered into the room; he was let in by somebody downstairs; he said, "I am going to take that microscope with me. I am finished with you." I told it was already sold for £12. As a matter of fact it has never been sold. I told him that because I thought I had got a bigger hold on him and wanted to bring him to terms. If he had known it was in my place he would have brought a crowd of men, the same as he did on Sunday. The microscope went to my father's place at Westcliff. He has brought it here. I left 8, Oxford Road on May 4. I got a situation in March with Mr. McCann, of West Norwood. I am still with him, I went backwards and forwards every day there. I may have been away from 8, Oxford Road on one or two occasions when I went to see my father, otherwise I was there every day. After May 5 I went to live at West Norwood. I am still living there. I first heard of the warrant being issued about May 17. I was hardly prepared then to give myself up because I was relying on my father to stand bail
and he had been laid up with rheumatic gout. I asked Owen one Saturday when Mr. Campbell was present if we could have a settlement of the books to see how we stood. Owen said, "I cannot bother. I must go outside because Mr. Campbell is seeing to our books."
Cross-examined. I did not pay any part for the big microscope. I paid for the small one, and I can swear it never left my possession. I took a letter to Mr. Owen, which had been sent to Westcliff in answer to the advertisement, and got possession of the microscope. I left the letter with Owen. I wrote to the gentleman, saying it could be seen at my place. He did not turn up. I do not remember his address. He was not a fiction. I stuck to the microscope. When Owen called on the Saturday he did not want to take his microscope away. He came again on Sunday. I did not see him till the evening. I told him it was sold for £12; that was a lie. It was still in my cupboard. I sent it to my father's about the middle of February. I had not been trying to sell it, because I knew it did not belong to me. I never heard there was a warrant out for me. The night he came for his microscope he said he would have me arrested. I have been times out of number trying to see him but could not. The day I moved I went to his house. No one answered the door. He is a peculiar man, and has certain knocks for certain people. He did not lend me 11s. on September 23, 5s. on the 24th, £1 5s. on October 22, £1 on the 31st, or 5s. 6d. on November 4. He lent me £5 once by cheque. He did not lend me pretty well every week from November to December sums of 5s. I agree he lent me £10 altogether, but never any cash. I owe him £10. The remainder of the property he has got will realise, I should say, £80 profit.
MRS. ADNEY, prisoner's wife. I remember Mr. Owen coming to Oxford Road at the beginning of January, when he suggested the microscope should be advertised from my father-in-law's. My father-in-law was present, and said he did not mind. When Mr. Owen came on the 28th he asked Mr. Adney how he got on with the microscope he had to sell.' Mr. Adney said the gentleman did not turn up to see it. Mr. Owen suggested he had better get a situation, and started bullying. Mr. Adney said, "What about the instruments you have got; you know I am entitled to half the profits." Owen shook his fist in his face, and said, "I have got you as tight as this." Afterwards Owen calmed down a bit, and said, "What I have really come to see you about is the microscope. I have a man who is sure to buy it, and I will bring him to-morrow at four." I was at home all that day. Owen did not come till 8.30. I told him Mr. Adney waited in till eight. He said, "You can give me the microscope." I said I could not; it was locked in the cupboard, and he must see Mr. Adney. He said he would bring a crowd of men he had outside to break the cupboard open. He went away, saying, "Tell Mr. Adney I will see him in the morning." He came in the morning and again in the evening, when he saw Mr. Adney and told him he had come for the microscope. Mr. Adney said, "You cannot take it with you. It is already sold." It was then in the cupboard. When we left Oxford Road on May 4 we
took it with us to 21, Wolfington Road, West Norwood. It never left that house. About November 21 Owen said he could not do any more business for a fortnight as he was moving. Mr. Adney said, "Do you mind if I buy a microscope rather than stand still?" Previous to that he asked Mr. Owen if he could have some of the instruments to sell while he was moving, but he refused.
HENRY ADNEY , bootmaker, Grand Parade, Westcliff. About the middle of October I first met Owen. My son (prisoner) introduced me to him. He told me they had been to sale rooms together and he wanted my son to get out of his business and go to the sale rooms with him for dealing. In January he asked if I minded a microscope being advertised from my house. I said I did not mind, and it was advertised from there. Some letters came which I sent to my son. The big microscope has never been to Westcliff; it has always been in my son's possession. I fetched it from the station to-day. My son has never been in any trouble.
Mrs. RAYMOND , 8, Oxford Road. Prisoner came to live at my house on November 21, 1910, and left on May 4. I remember a man coming to ask if Mr. Adney was in. That was not Sergeant Eve. I let him in and he saw Mrs. Adney. I did not tell any man during that period that Mr. Adney did not live there. That man called once after May 4. I told him Mr. Adney had gone.
Mr. DRAWBY. I remember my son buying a microscope from prisoner on January 3 for £7 10s. I have the receipt.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, July 19.)
HUTCHINSON, Robert Hopwood Percy (58) . Feloniously forging a request for the delivery of a cheque-book on May 13, 1910, July 12, 1910, August 12, 1910, and August 6, 1909; feloniously forging certain orders for the payment of money, to wit, banker's cheques for the several amounts of £630, £399, £500, and £975, in each case with intent to defraud; unlawfully forging a certain letter of advice with intent to defraud.
Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. George Elliott, K.C., and Mr. Forrest Fulton defended.
FREDERICK CUNNINGHAM NORTON , secretary to Thomas Guy Paget, Rixworth Hall, Northampton. Mr. Paget is at present in Canada. In 1909 he rented 22, Carlton House Terrace. I generally opened letters addressed to him. In July, 1909, I remember opening a
letter applying for a subscription to the Husbands Bosworth Budget Protest League. At Mr. Paget's request I wrote out a cheque which he signed and forwarded it to R. H. Hutchinson. Exhibit 39 is the cheque, dated July 13, 1909, and drawn on Lloyds Bank, Leicester, where Mr. Paget banked. In reply Mr. Paget received a letter (Exhibit 40) enclosing a receipt (Exhibit 41). The letter thanks Mr. Paget for his subscription of one guinea to the Protest League, and both the letter and the receipt are signed "R. H. Hutchinson." He asks Mr. Paget in the letter to send him an autograph letter for distribution in the constituency. I wrote Mr. Hutchinson asking if it was necessary that the body of the letter should be in Mr. Paget's handwriting, provided it was signed by him, and in reply I got Exhibit 42, a letter written on paper with the heading, "22, Carlton House Terrace," the paper Mr. Paget was using at the time. That letter was left at 'he house and handed to me by the butler. Mr. Hutchinson called at 22, Carlton House Terrace; I was out, and he was shown into the morning room and wrote the letter and left it there. In conformity with the request in that letter I wrote a letter, which Mr. Paget signed, and forwarded it to Mr. Hutchinson. Exhibit 46 is a letter of request to the bank purporting to be written on printed paper, 22, Carlton House Terrace. It is similar to the paper we used, but not exactly the same. It is neither in Mr. Paget's writing nor in mine. On August 6 Mr. Paget was not staying at the Burlington Hotel, Eastbourne; he was down at Wood End, ChiChester. The cheque produced dated August 10, 1909, far £975, payable to C. Nugent, Esq., and signed "T. Guy Paget," is not signed by Mr. Paget. The body of the cheque is neither in Mr. Paget's handwriting nor in mine, and I do not recognise the endorsement.
"C. Nugent," at all.
Cross-examined. I do not consider the signature a good imitation; I queried it from the first. Mr. Paget was candidate for the middivision of Northamptonshire. The autograph letter was for circulation in that constituency. Exhibit 46 is not the paper that we used at Carlton House Terrace. The difference would not have been noticed by me without careful comparison.
EDWARD PAULING BETTS , accountant London, City and Midland Bank, Market Harborough. Defendant opened an account at our bank in July, 1909. It was a separate account for the Husbands Bosworth Budget Protest League. The account was closed on November 8, 1909. Exhibit 39 is the guinea cheque sent by Mr. Paget to the Fund, and was paid in on July 26. Exhibits 49, 50, 51, 52, 53, and 54 are all in the handwriting of defendant. Exhibit 79 is also in the ordinary handwriting of defendant, R. H. Hutchinson.
Cross-examined. Defendant took an interest in politics; I did not know that he was chairman of the Husbands Bosworth Conservative Association. Defendant had no private account with us.
at the Burlington Hotel, Eastbourne. I accepted it as a letter from Mr. Paget and forwarded the cheque-book. Later in the year Mr. Paget took a letter of credit on the Credit Lyonnais, Paris, and on being requested by them to send a specimen signature of Mr. Paget's I tore off the signature from the bottom of Exhibit 46 and forwarded it to them, believing it to be a good specimen signature of Mr. Paget's. We have not been able to get it back.
Cross-examined. I did not cash the forged cheque. I was genuinely deceived by the signature on the request for the cheque-book; it was very skilfully done.
(Friday, July 21.)
JESSIE ELIZABETH WRIGHT , newsagent, 28, Upper George Street, Bryanston Square, W. I take in letters for people who pay one penny each for them. I do not remember the date, but more than a year ago I arranged to take in letters for a person named Paget. One letter came in that name and I gave it to the person who called for it. I do not know who it was.
Cross-examined. I do not know prisoner.
ALBERT WRIGHT , cashier, Lloyds Bank, Leicester. I cashed Exhibit 47, the forged cheque, for £975 on August 11, 1909. I believed it to be the genuine signature of Mr. Paget. I could not recognise him now, but it was a man to whom I gave the money. I gave him nine £100 notes, one £50 note, and the balance in gold. The numbers of the £100 notes were 02627 to 02634, and 05135, and the £50 note 06415. Notes produced are the ones.
Cross-examined. The forged signature is a very skilful one. I do not believe prisoner presented the cheque.
CHARLES JONES , clerk to Credit Lyonnais, Bankers, Lombard Street. On August 12 two £100 banknotes, Nos. 02628 and 02633, were received by us in exchange for French money. Slip produced to me was signed by the person who changed those notes in the name of W. J. Smith, the address being 48, Church Road, Hove, Sussex.
Cross-examined. I did not make the exchange, and I do not identify prisoner.
HOWARD MEARS , clerk to Comptoir National d'Escompte de Paris, Threadneedle Street. On August 12 two £100 banknotes were paid" to us in exchange for foreign money. The numbers of the notes were 02631 and 02632. The person who changed the notes signed a receipt in the name of W. J. Smith, of 48, Church Road, Hove, Sussex.
Cross-examined. I did not make the exchange, and I do not recog-nise prisoner.
LEONARD PEGG BULLETT , cashier, London City and Midland Bank, Threadneedle Street. On August 12 a £100 note, No. 05135, was exchanged by us for French money. The name and address given to me by the person who made the exchange was W. J. Smith, 48, Church Road, Hove.
Cross-examined. As far as I know I have never seen prisoner before.
JOHN WILLIAM SMITH , butcher, 48, Church Road, Hove. I know prisoner as a customer. When I first heard he had taken a house at Brighton I sent him one of my cards. He has dealt with me off and on when in Brighton up to three or four months ago. I know nothing about the documents produced, signed by some person in my name, changing English money into French money, or about the transaction, and never authorised anybody to change money in my name and use my address.
Cross-examined. I had no trouble in my business relations with prisoner.
Detective-sergeant JOHN MACEVOY , Scotland Yard. I arrested prisoner on April 25 at Regent Hotel, Leamington. I found Ex-hibit 68, a card of W. J. Smith, of Hove, among some papers of prisoner's in a tin box. At Bow Street a solicitor, Mr. Claude Lumley, appeared for prisoner. I also found two diaries, one for 1910 and one for 1911. I find Mr. Lumley's name repeated over and over again in entries in the diary, showing that prisoner was in the habit of visiting him.
REGINALD JAMES WATSON , manager, Charing Cross branch, London and South-Western Bank. On August 12, 2,900 French francs were changed by us into English money, a £100 note, No. 97249 and a £10 note, No. 64182, and balance in cash. We keep no record of name and address of the person in a transaction of that sort.
Cross-examined. I did not make the exchange, and do not recog-nise prisoner.
JAMES SYDNEY BARNES , clerk to Thos. Cook and Son, Ludgate Circus. On August 12 we paid out in exchange for foreign money one £100 note, No. 01525, one £50 note, No. 30190, and 15 £5 notes, Nos. 72344 to 72358.
Cross-examined. I did not make the exchange, and do not recog-nise prisoner. We have no evidence that the £100 note was paid to the same person as the £50 note. That applies also to the 15 £5 notes.
Re-examined. Exhibit 73 consists of the £100 note and the 15 £5 notes.
ERNEST PETER DEANE , clerk, Williams Deacon's Bank, Birchin Lane. I was until recently at our Charing Cross branch, 2, Cockspur Street. Prisoner kept an account with our Manchester branch and was in the habit of paying in money at the Charing Cross branch for his credit in Manchester. On August 12 prisoner paid in £255, £245 being in banknotes. Paying-in slip (produced) is in his handwriting. The notes consisted of seven £5 notes, one £10 note, and two £100 notes. The Nos. of the £100 notes were 01525 and 97249; of the £10 note 64182, and of the £5 notes 72344, 72345, 72354 72355, 72356, 72357, and 72358. Exhibits produced consist of all these notes.
HARRY BBOUGHTON , cashier, London County and Westminster Bank, Covent Garden branch. Claude Lumley and Co., solicitors, have an account at our bank. On August 12 there was a payment into that account, and included in that payment in were eight £5 notes, Nos. 72346 to 72353, and a £50 note, No. 30190.
Cross-examined. I know Lumley and Co. as customers and as solicitors.
HENRY THOMAS BARTLETT , assistant manager, Burlington Hotel, Eastbourne. I produce our visitors' book for August 5. On that day a visitor arrived at the hotel and signed the book "T. Guy Paget." He remained until the 7th and left an address to which letters addressed to him should be forwarded—28, Upper George Street, Hyde Park.
Cross-examined. I do not suggest that prisoner was the visitor.
JAMES ARCHIBALD PURCHASE , sub-manager to Beckett and Co., bankers, Leeds. In the course of my duties I have had considerable experience in the comparison of handwriting. The two slips from foreign banks, dated August 12, and bearing the signature of W. J. Smith, and the address 48, Church Road, Hove, Sussex, are, in my opinion, both written by the same person. I have examined exhibits, letters signed by prisoner, and, after comparison, those two slips are, in my opinion, in prisoner's handwriting. [The witness proceeded to point out in detail the similarities of the handwriting.]
Cross-examined. I am not a professional handwriting expert. I do not suggest that Exhibit 46 is in prisoner's handwriting. I should not say that the forged cheque was in the handwriting of prisoner—not the natural handwriting. I do not rely on the forged cheque to point out any similarities in prisoner's handwriting. It is possible, but not probable, that the person who wrote the two slips may have imitated prisoner's handwriting in order to avert suspicion from him-self. With regard to Exhibit 75, the £100 note, No. 02633, and the endorsement upon it, "C. Nugent, 16, Eldon Road, Kensington," it would be very hard, indeed, to pass a definite opinion upon it. There are certain points which I see, and which I think are strikingly alike to Mr. Hutchinson's writing, but there are also differences which I should not like to say one way or other about, if you will allow me to leave my opinion out of it altogether. With regard to the visitors' hook and the entry "T. Guy Paget," I can pass no opinion as to the resemblance between that entry and the writing of prisoner.
Re-examined. The entries in prisoner's diary for 1911 under date February 16 are in the same handwriting that I have been speaking of. The same applies to the entries of March 3 and 6.
ROBERT HOP WOOD PERCY HUTCHINSON (prisoner, on oath). I am 58 years of age and was educated at Eton and the Geneva University. For some years I was in business with my father, a cotton spinner; my mother carried on a separate business as a flannel manufacturer. My father's business did not prosper very well, although my mother's did. Many years ago I married Madame Valeria, a famous operatic singer. Since 1867 I have been interested in political matters concerning the Conservative Party; 24 years ago I started a Conservative Association at Husbands Bosworth, and last September I resigned my position as chairman. I had occasion during those 24 years to get up demonstrations for party purposes and from time to time I received a great number of cheques, and no suggestion has ever been made against my honesty. About six years ago I started an annual gala for the villagers, for which I obtained subscriptions. Scremshire acted as secretary. A Mr. Richard Bennett and a Mr. Pochen Warner subscribed. In June, 1909, I formed a Budget Protest League after consultation with prominent politicians in the neighbourhood. As it was a non-party concern, it was thought inadvisable to make Scremshire secretary, but he was paid to go round for three days to various villages where we were going to have meetings to get lists of the owners of property to whom we could apply for subscriptions. Mackenzie and I did all the work. I first met Mackenzie in 1898; Nattar, a financier and a company promoter, introduced him to me. I met him in that year perhaps 10 times, and then only socially; he was always with Nattar. I met him again in March or April, 1908; he stopped me in King Street, Cheapside, and asked me what I was doing. I had invented a revolving advertisement apparatus and I told him of it. He told me he could be very useful to me. I was on my way to Sir John Puleston's office and when there I mentioned it to him. Sir John wrote to him making an appointment, which we both kept. Subsequently Mackenzie introduced me to Webb, managing director of H. D. Evans and Company, and assisted me generally in forming the Novelty Van Syndicate. When Sir John died his clerk ceased to be secretary and subsequently Mackenzie sug: gested that his son, John Mackenzie, should be secretary, and he was appointed.
(Monday, July 24.)
Greenbooth mills and received £1,200 a year from them; they were closed in October, 1908, and I had no further income from them. Mackenzie knew this. In 1909 he offered to buy the residue of my interest in the Novelty Van Syndicate for £300. I knew nothing of his past history until this charge was brought against me. In April or March, 1908, I met Mackenzie and told him I had been to a meeting of the Budget Protest League. He offered to take over the work, and as I had had two responses to one circular he asked me to hand all the papers over to him and he would look after the business of it. He assisted me in my political work from that time. All subscriptions received were handed to him, he acknowledged them and dealt with the correspondence. On August 5, 1909, I attended a meeting of the Budget Protest League at Husbands Bosworth and another at Marston. I was not at Eastbourne. On August 7 I went to Brighton in connection with the executorship of the late Madame Arditi, who died on July 28 leaving me sole executor. I arrived there at 1 p.m. and met Madame Arditi's daughter and son-in-law, Mr. and Mrs. Romayne Walker, at Madame Arditi's flat. I returned on the following Tuesday to Husbands Bosworth; Mr. Tucket, of Tucket and Sons, agent of the Lafargue estate, on which was my house, was with me on the 11th until he left at 3 p.m. On August 12 I saw Mr. Witham, solicitor, of Witham, Roskell, Munster and Weld. Mackenzie had come up from Margate and I met him at the Grosvenor Hotel. He then owed me £500, £250 the balance of the £300 for the residue of my interest and £250 for shares he had taken in the Novelty Van Syndicate. He paid me £350 in banknotes and gold. I handed him the signed transfer for the shares and a receipt for £100. I paid £255 into my account at Williams Deacon's and Company. Mackenzie was with me. We then went together to Messrs. Lumley and Co., my solicitors, and I paid them £90. Two paying-in slips of the Credit Lyonnais and the Banque Nationals in the name of J. W. Smith are not in my writing. I knew J. W. Smith in 1907. I was giving up my house in Husbands Bosworth, and I asked him if he knew of a piece of grass land of 50 or 60 acres. He afterwards informed me of a piece of land near Hove, which was let at £90. This was on July 30, 1909. The letter was handed to Mackenzie to inquire into it and find out if the owner (Mr. Champion) would do certain repairs on the property. On August 7 Smith drove me over in his motor-car to see the land. He left a card (produced) which I put in my tin box and which was found amongst my papers by the police. In 1909 I got about £350 from my. Greenbooth property, £350 from my house at Husbands Bosworth, £200 for some shares in a motor company. I got altogether £2,000 that year, but I was still rather pressed for money. On July 22 I called at 22, Carlton House Terrace to see Mr. Guy Paget or Mr. Norton. Neither of them was in. I asked the manservant to allow me to write a letter, which I left with him. Letter (produced) to Lloyds Bank, cheque in the name of Guy Paget and name of Guy Paget in visitors' book on August 5, 1909, are not my writing; they are Mackenzie's. Document in the name of W. J. Smith are Mackenzie's writing a little disguised. I know Mr. Lord, senior
partner in Sale and Co., solicitors, Manchester. They were my father's solicitors, and they acted for me. They refer in letters (produced) to an action and to Mackenzie's guarantee of costs to the extent of £50. Telegram of May 13, 1910, to the Langham Hotel, "Please reserve a single bedroom Monday, Richard Bennett," letter May 13, 1910, on paper of the Langham Hotel, to "Manchester County Bank, Limited, Bolton. Please send a small-sized cheque-book order to above address, Richard Bennett," cheque for £630 in the name of Bennett of May 16, 1910, payable to R. Mason, telegram to the Manchester and County Bank, Limited, "Book safe to hand," are not in my writing; they are Mackenzie's. Letter on paper of the Queen's Hotel, Leicester Square, of May 19, 1910, "Please give bearer £60 French, £50 German notes, C. A. Learoyd, R.E.," is not my writing; it is Mackenzie's disguised. On May 18, 1909, Colonel C. A. Learoyd came to look at my house at Husbands Bosworth. I applied to Mr. Richard Bennett for a subscription to the Budget Protest League. He sent me cheque (produced) for £1 1s., dated May 10, which was paid into my account on June 6. I gave that cheque to Mackenzie in the usual way. On May 13 I was at the offices of Richard Stott and Sons, solicitors at Rochdale, going through a number of volumes of the shorthand notes in connection with a water-course action on the Greenbooth property. I have a note in my diary to that effect. I then went up to Greenbooth on a tram, returned to Rochdale, took the tram to Manchester, and got home at about 9.40 p.m. Original telegram produced is sent from Manchester at 2.26 p.m. on May 13, I did not leave home again until May 19, when I came to London to attend the funeral of King Edward. I went to the Great Central Hotel with my wife and was joined by Mr. Arditi. We had lunch, I went to see Mr. Witham at 1, Gray's Inn Square, and thence to the Strand Palace Hotel to my wife's sister. I was not in Leicester Square and had no conversation with Simmonds; I had never seen him until these proceedings. On the following day we saw the funeral at Windsor and returned home. On May 26 I came to London and saw Mackenzie at the Euston Hotel; he owed me about £130 or £140, which he paid me. I produce the counterfoil from the allotment book of the 250 shares which he had purchased, in the handwriting of John Mackenzie, who was secretary to the company. I paid £50 or £60 to Tapling Gracechurch Street, for carpets, a bill of R. and J. Morley £5; then Mackenzie said he would go round and pay Ince, a printer, which he did; and I paid about £50 to Walton and Lee, my agents, in reference to the Husbands Bosworth house. Letter on paper of the Alexandra Hotel of July 12, 1910, to "Williams Deacons' Bank, Bolton. Please send small cheque book order to the above address.—J. L. Cross," telegram to Alexandra Hotel of July 13 from Brighton, "Kindly reserve bedroom for me to-morrow.—J. L. Cross," and cheque on Williams Deacon's, Limited, Bolton, for 380 guineas in the name of J. L. Cross are not in my writing. I have never seen them before; they are Mackenzie's writing. In 1910 I applied to J. L. Cross to subscribe to the Anti-Veto League and the
Flower Show. He sent me cheque produced for five guineas, dated May 6, which I handed to Mackenzie in the ordinary course. On July 12 I was finishing my hay; I have a note of 238. 6d. paid to various persons. On July 13 I went to Manchester and to Green booth, returned to Rochdale and met Mr. Renton, of 23, King Street, Manchester, at Greenbooth. I produce letter of Renton of July 12 making the appointment. The following day I was again at Greenbooth and met Mr. Ellison and Mr. Newman; was afterwards in Manchester, saw Renton, and returned home in the evening. I was not in Bolton and did not cash cheque produced for £398. Telegram of August 12 from Notting Hill to "Royal York Hotel, Brighton. Please reserve bedroom.—W. P. Warner," letter on Royal York Hotel paper to Parr's Bank, Loughborough, "Please send small cheque book order.—W. P. Warner," are not my writing; I believe they are Mackenzie's. In July, 1910, I had applied to Captain W. P. Warner for a subscription to the Anti-Veto campaign and he had sent me cheque produced for £2 on Parr's Bank, Loughborough branch, which I gave to Mackenzie. My diary for August 12, 1910, shows that I was at home and interviewed Mr. Baldwin, an auctioneer, who took the inventory of my house; I also went through the plants with the gardener, who gave up the keys that day. I never went to a newspaper shop at 4, Richmond Road. Exhibits 19 and 20 are not in my writing; it strikes me that John Mackenzie wrote them. Exhibit 14 is the cheque that was handed me by him on his father's death; it is for £1, dated August 22, 1910, drawn upon Beckett and Co., of Leeds, and signed "Charles B. Lowther"; it was sent to me on my application for funds for the Anti-Veto campaign and I gave it to Mackenzie in the usual way. It was not paid in until October 25; when I had sent a subscriber his receipt I considered my responsibility at an end, and it was a matter between my pocket and myself as to when I paid the cheque in. I went to see Mackenzie a week before he died, which he did on October 8 or 10. On February 14 I was in Manchester, where I had gone with reference to the Greenbooth estate; I went with Mr. Ellison to Mr. Pilling's office, arriving there at 12.15 p.m. Between February 6 and 11 I was ill in bed at the Regent Hotel, Leamington, and I was not well enough to travel until the 14th. I parted from Mr. Ellison about 7 p.m. on the 14th; I was never in London on that day. The first thing in the morning of the 15th I went to Bury with Mr. Crompton and left him a little after 10.10 a.m. I then went to Rochdale and met Ellison and Barnes at Greenbooth. I left ManChester at 5.30 p.m., Ellison seeing me off. I never went to Leeds on that day. During all the time I had been endeavouring to sell the Greenbooth property, and I was on the point of doing so when I was arrested. The letters in Exhibit 87 are all in Mackenzie's handwriting. My income in 1909 and 1910 from one source and another was a little over £2,000, but owing to the stoppage of my £1,200 I found myself short of money.
Husbands Bosworth House. I arrived there at 10 a.m., leaving at about 5.45 p.m.; I took a photographer over to prepare photographs for the sale by auction and commenced checking the inventory. Prisoner was present practically the whole time.
ROBERT HOPWOOD PERCY HUTCHINSON (recalled, cross-examined) Nattar when I first met him had something to do with Brazilian loans; I should say he was more a financier than a company pro-moter; I know he had an office, although I have never been in it. I saw him last in 1899; I have been told recently that he is dead. Nattar's solicitor was present when Le introduced me to Mackenzie, but he is dead now. There were also two ladies present. At the time I was connected with the placing of some debenture mortgage bonds for a firm in Manchester; I called myself a mortgage broker; I had an office for a year in King's Arms Yard, then I was at Copthall Buildings for six months, and then I went to Craven Street, Strand. I do not think I called myself a commission agent. I became bankrupt in 1899; I think my liabilities were over £10,000, tout I have since paid several of my creditors. I will not deny that I described myself as a commission agent in my public examination. I am still undis-charged; since then I never had any business. I pledge myself that my first personal financial dealings with Mackenzie started in February, 1909; he agreed to purchase the residue of my interest in the Van Syndicate for £300, and to take 250 Ordinary fully paid up shares at par for me. He was told at the interview with (Sir John Puleston that I was still an undischarged bankrupt. Mackenzie was a very clever man. The other transaction I had with him wag in the same month, February, when I lent him about £80 because he was in a hurry to go to Paris; I borrowed it from a Mr. Seddon, a licensed victualler, in Charing Cross Road; he gave me a cheque and Mackenzie cashed it. I do not think Mackenzie knew Seddon, and I have no document recording the transaction. When he came back he repaid me, probably in notes and gold. He has also lent me on four or five occasions sums amounting in all to £200. Mackenzie was not the secretary; he was the bookkeeper. Any writing that he did in connection with the Budget Protest League has been destroyed; there is a book, however, containing a list of names, against some of which he put crosses (Exhibit 88). I always acknowledged subscriptions myself and paid them in myself; he kept the accounts and sent out the circulars. I cannot say why I should have sent Paget's cheque to him; all he had to do was to make up the accounts, and that he could do from the letter. I sent him J. W. Smith's letter with regard to this grass land, and he made inquiries as to the owner of the property; I have no writing between us as to that. In the latter part of 1908 he was very kind in interviewing my creditors for me; he had no remuneration for it. I never saw him in want of money, and the only reason I lent him the £80 to go to Paris with was because he had no time to go to his bankers. I did not know until August, 1910, that he had any other son besides John; he had told me he had a younger boy coming from school, named Leonard. I do not remember a solicitor at Leeds named Pulleyne, and borrowing £773 10s. from him at the
National Liberal Club in October, 1898. I remember something about it now I see this letter of October 19, 1898 (Exhibit 89). I recollect borrowing something, but I do not remember the details. This is my receipt for £773 10s. (Exhibit 90). I have not the remotest idea who introduced me to him. I certainly never went to Leeds on purpose to see him, although I was in Leeds then. It may have been a loan. I do not remember giving security for it. I do not remember giving bills which were again and again dishonoured. I see there are bills (Exhibit 91, 92, and 93) I gave for £850 each, and that they have been dishonoured. I remember nothing at all about the transaction. I never knew that Pulleyne came to Tenterhouse to find me; it was the address I gave; I was living there with my brother at the time, and he could have found me. I do not remember giving foreign bonds as security—certainly not stolen ones. I never had a bond from Mackenzie in my life. I did not know he had the name of "Courtney," and I never went to Pulleyne with him in that name. I may have seen Mr. Butterick, Pulleyne's clerk (who came into Court) in Leeds, but I do not think in Pulleyne's office. The bill of exchange for £725, signed "Charles Vernon Courtney," is in Mackenzie's handwriting (Exhibit 94). I do not know that he was borrowing money from Pulleyne at the same time on stolen French bonds. All these five bills are in his handwriting. I have borrowed money in days gone by on my own foreign bonds. This letter to Pulleyne, dated Decem-ber 9, 1898, is in Mackenzie's handwriting (Exhibit 97). The Bradley referred to in it is Fred Bradley. I do not know that he is a money-lender's tout. I do not remember him introducing me to Pulleyne. I knew three members of his family. His father was a solicitor; I do not know if he is still on the rolls. I knew the brother very slightly; I did not know he was struck off. I do not know that I ever saw him in the "Wellington," Wellington Street. I have never heard of Captain Fane; I have never been in his and the Bradleys' company. I see by Exhibit 97 Mackenzie is introducing Bradley to Pulleyne. I never knew Mackenzie by any other name. I have known Heddle, a distiller, since 1907. I introduced Mackenzie to him, and it was suggested that Mackenzie should be his traveller. I do not think I saw Heddle more than three times in Mackenzie's company. I may have introduced him as "Mackenzie Peach." I was corresponding with Heddle from July to September. I do not know that his name was forged to a cheque. The endorsement on this cheque (Exhibit 98) dated September 4 is in Mackenzie's handwriting. I do not know in whose handwriting this order for a cheque-book in Heddle's name is; "By bearer" strikes me as Mackenzie's.
(Tuesday, July 25.)
ROBERT HOPWOOD PERCY HUTCHINSON , recalled, further cross-examined. I remember now that I introduced Mackenzie to Heddle as "Mackenzie Peach." He said to me, "I do not want this under my own name; you had better say I am Mr. Mackenzie Peach." I
did so; it made no impression on me. I understood Mackenzie was to sell spirits for Heddle on commission. Heddle gave him £20 for out-of-pocket expenses, which Peach undertook to return if he was not successful. I cannot swear that I ever called him "Mackenzie" to Heddle; I believe I did. When Sir John Puleston first took the Van Syndicate in hand both Mr. and Mrs. Heddle subscribed for shares; the money was afterwards all returned to the subscribers. Bonds produced of the Credit Foncier, Annam and Tonquin, Paris-Lyons, et Mediterrannee, San Paolo, and Rio Grande Railway and Portuguese Railway are similar to a bundle of bonds which I deposited with Pulleyne for a loan of £773 10s. I received them from a client of Frank Bradley in 1898 or 1899, who was a doctor, but I forget his name, to whom I lent £500 upon them. Some six months afterwards I demanded the return of the loan and it was arranged that I should get an advance from Pulleyne; I paid the doctor a further £250. I got the £500 from Peter Reid and Sons; I got £3,000 out of Peter Reid and Sons; I got the money by a cheque which I paid into my bank, drew it in notes, and paid the doctor in notes. Since last night, when I stated I remembered nothing about this, I have been thinking it over and now recollect the transaction. I do not remember whether the bonds were in my possession when I got the money from Pulleyne I may have borrowed other money on them. I do not remember meeting Pulleyne at the National Liberal. I now remember that I borrowed money from Bateman on them; I do not remember howmuch. I do not agree that the bonds were worth £1,100; they were worth more than £770. I have no scrap of paper to corroborate this story. I regarded Bradley as a man who got underwriting commis-sions in the City. The first set of coupons payable I purchased from Pulleyne; I do not remember why; probably he wanted them cashed I had no idea that the bonds in question were stolen; they may have been in the Opposition List. I understood in August, 1899, after my bankruptcy, my solicitor, Mr. Lindo, who is now dead, settled this matter with' Pulleyne. I do not remember when I learned that the bonds were in the Opposition List; I did learn it. I understood that Pulleyne was paid and the bonds returned. I was anxious to get an autograph letter from Guy Paget, and I received one from Norton, signed by Guy Paget. This was obtained with the intention of its being used in a pamphlet or leaflet to be used at the meet-ings of the Budget Protest League, together with similar letters from Parliamentary candidates. It was afterwards decided, the Budget Protest League being a non-party campaign, that it was inadvisable to issue such letters, and Mr. Norton's letter was not used. I received cheque produced for £1 1s. from Paget. I do not think the forgery for £975 is made from the signature to that cheque. Mackenzie had both the £1 1s. cheque and the autograph letter. £100 note No. 48096 and two £20 notes Nos. 32182-3 are stamped" Credit Lyonnais, June 4, 1909." One of them has my name on it, "P. Hutchinson," another has Mackenzie's name to it; the three notes were paid into my account at the Union of London and Smiths Bank on June 9, 1909. My name is not in my handwriting, although it is like it;
the name of Mackenzie is, I think, written by John Mackenzie. Besides the transaction in the Van Syndicate shares, on which Mackenzie paid me £500, he and I had various loans running from £100 to £200 and these moneys were no doubt paid to me by Mackenzie in respect of money due to me. £50 note No. 28611 has my name on the back of it—not in my handwriting. I do not know whether I changed it at Manchester. £100 note No. 13727 has may name on it—not in my writing; it may be written by Marshall and Snelgrove. I do not remember where I got those notes from. They did come into my possession. The two slips bearing the name of W. J. Smith, by which part of the proceeds of the £900 forgery were converted into foreign money, are not my writing; I think they are written by Mackenzie; I do not know why he should imitate my writing.
Re-examined. I never saw the slips in the name of W. J. Smith until these proceedings. I think they are in imitation of my writing. The £100 note paid to Marshall and Snelgrove was in respect of a general account; my wife has dealt with them for 30 years; I never knew that that note had been received in exchange for 5,000 francs from Spinks and Son. I believe the note came to me from Mackenzie as he was the only source from whom I was receiving considerable sums at that time. I made Mackenzie a loan of £150, which would be repaid about that time. There were various loans backwards and forwards between us; a rough account was kept. We were square at the time of his death. Mackenzie had an account in the South of England—it may have been Barclay's Bank, Hastings. He had no bank in London. Pulleyne never suggested to me that the bonds I deposited with him were stolen; no proceedings either civil or criminal were ever taken against me in respect of those bonds; and from 1889 until yesterday I never heard of them. Since yesterday I have tried to remember the transaction. These bonds had nothing to do with Mackenzie under any name. I had no knowledge that he was negotiating with Pulleyne for loans or advances for himself. After placing my affairs in the hands of my solicitor, Mr. Gabriel Lindo, in 1899 I quitted London for the purposes of business entirely and remained in Husbands Bosworth for nine years engaged in the breeding of horses and cattle, until in 1908 Sir John Puleston took over the promotion of my patent van and the syndicate was formed. I became acquainted with Heddle through the late Madame Arditi at Brighton. I had no, money from him except that he agreed to invest £250 in the Van Syndicate and paid me £150, which was returned to him when the syndicate did not go through. When I introduced Mackenzie to Heddle I believed he was an honest man and that his engagement would be to their mutual advantage. (To the Judge.) I had not seen Mackenzie for nine or 10 years when I met him early in 1908. Up to that time I had only known him socially. I understood Heddle wanted somebody to push his goods; I mentioned it to Mackenzie; he said he would like to take it on; and I introduced him in the name of "Mackenzie Peach," because Mackenzie asked me to. I
did not receive from Mackenzie the bonds said to be stolen. Bradley came into my office in Craven Street accompanied by this doctor, asked me if I had any money to lend, and I advanced £500 on the bonds. The Novelty Van Syndicate had £20,000 registered capital. The syndicate possessed the apparatus I had invented and one van; it had also a great number of orders; owing to the machine not working properly they could not be executed. Under my promotion agreement I was entitled to £500 in cash and 7,250 ordinary shares. Mackenzie bought of me for £300 half my interest and for £250 he had a transfer of 250 shares; he had got to get the cash from the syndicate. I have now turned out a machine that will work, but I had not done so at that time.
W. C. Ho (recalled) produced and proved a number of Mr. Paget's cheques for June, July, and August, 1909. (Exhibit 112.)
SIR JOHN ROLLESTON , M.P., THOMAS WATSON WEIGHT, solicitor, late member Leicestershire C.C., and SIR HERBERT MARSHALL, J.P., Presi-dent of the Leicester Borough Conservative Association, gave evidence as to character.
WALTER THOMAS ELLISON , A.M.I.M.E. On referring to my diary I find that on July 14, 1910, I was at Greenbooth with prisoner and a party of gentlemen about taking a lease of the mill. He returned to Manchester with me by the 3.40 train. I was in his company till about 6 p.m. I was with him in Manchester on the following day in the morning till 1.20 or 2 p.m. On February 14, 1911, I was in his com-pany in Manchester from 11.50 a.m. until 7 p.m. On the following day I was with him from 9.25 a.m. until 4.15 pm. (Witness detailed their movements on these two days.)
JOHN RENTON , accountant, Ayton's Buildings, Manchester. During May and June, 1910, I was seeing prisoner frequently in connection with the Greenbooth property. I produce a postcard dated July 12, 1910, from him at Rugby. On the following day I went to Rochdale, meeting him at 2.20 p.m., and I remained with him until 7.30 p.m. The Greenbooth Mills is a very extensive and valuable property.
JOSEPH WILLIAM FLETCHER , cashier, Stott and Sons, solicitors, 1, Whitehall, Rochdale. I see by the day book that on May 12, 1910, prisoner called at 3 p.m. I know he was there when I left at 5.30 p.m. He was inspecting a transcript of a judgment in connection with an arbitration regarding Greeabooth. On the following day he came, I believe, at about 10 a.m. and I should say he stayed till 12.45 p.m.
SAMUEL COLEMAN , butler. I was for 30 years butler to prisoner at Husbands Bosworth House. He took an active part in politics, and kept his papers in the library in an unlocked drawer. I have seen cheques there from time to time. Scremshire, who assisted him in political matters, frequently saw prisoner in the library. There was a Budget Protest meeting held in the summer of 1909 and a Mr. Brown came down to speak. Prisoner was in the chair at the meeting of August 5 and slept at home that night. At about 9.45 a.m. the next morning Mr. Brown came to the house. Another meeting was held at
Marston on that day and they went off to that. They returned at about 5.30 p.m. Prisoner dined at home. There was another meeting at Thedingworth the same evening, to which they went. They returned at between 9 and 10 p.m. Prisoner slept at home. I cannot remember what prisoner did on the following day. Mr. Brown stopped in the neighbourhood about 15 days. Prisoner was at home on Whitsun Sunday, Monday, and Tuesday, 1910. He was in London on the day of the King's funeral. On the last day of the haymaking in 1910 prisoner was superintending. Just after August Bank Holiday, 1910, Mr. Baldwin was there all day taking an inventory; prisoner was with him. Prisoner was at home the day following; he went into the garden with a Mr. Lawson, who came to go over the greenhouses.
LUIGI ARDITI , 4 York Avenue, Hove. My mother died in 1909 and she appointed prisoner as her sole executor. In August of that year he came to Brighton to settle up matters for my sister and myself. Having received a telegram from him on May 18, 1910, with reference to the King's funeral, my wife and I, on the 19th, went to London. We arrived at the Hotel Great Central at 11.45 a.m. and saw prisoner and his wife in their room. We had lunch, finishing at a little after one. There had been a discussion at lunch about two tickets which he had, and at about 1.45 he left the hotel, arranging to meet us at Burlington Arcade. We met him there at 3.45 p.m., after waiting five minutes for him. Prisoner's wife, prisoner, and I spent the evening together at the hotel. Early the following morning we went to Windsor to see the funeral. We returned to the hotel for lunch. Prisoner's wife had not quite enough to pay her account and I lent her £3 or £4. We then parted.
Cross-examined. I was nowhere near Leicester Square on May 19.
AGNES VALERIA HUTCHINSON . Before I married prisoner in 1879 I was known as "Madame Valeria"; I sang in opera. He was in very good circumstances. I relinquished the profession finally 16 years ago. We first went to live at Husbands Bosworth in 1881, and we have lived there 30 years. Prisoner was always ardently interested in politics. The witness corroborated the evidence of Samuel Cole-man and Luigi Arditi as to prisoner's movements on the dates they mentioned.) From 1899 to 1908 prisoner devoted himself almost entirely to his Leicestershire farm, and, as far as I know, he had no other business transaction than the Novelty Van Syndicate; he had financial troubles in 1898 and 1899, and it was my express wish that he should do no more business.
PHILIP MONTAGUE PEACH . I am the son of Peach, who died in October, 1910; I also knew him as "Mackenzie," "Parr," "Court-ney," "Frederick Peach," "Pemberton Peach," "Mackenzie Peach," "Frederick Pemberton Peach," and "Frank Pemberton Peach." In those names he was convicted of acts of dishonesty. In April, 1902, he was convicted at Clerkenwell Sessions, in the name of "Frank Pemberton Peach," for having in his possession bonds
that had been stolen, and he was sentenced to 5 years penal servitude; in November, 1901, at Hereford Assizes, he got six months' hard labour for attempted fraud in the name of "Christopher Parr"; and in 1892 he got 14 months' in connection with some bonds. In 1906 I got seven years' penal servitude for forgery; I was only released last July 14. In 1903 I got 12 months for uttering a forged cheque; I was charged with George Charles Hellers, but he was acquitted. Hellers is known to be a gentleman swindler; he was a friend of my father's; he was a tall, military-looking chap. Edward Wellings was convicted with me when I got my seven years; he was known to be a forger; he has been convicted; he was a friend of my father. The words "W. J. Smith, Church Road, Hove," in Exhibits 58 and 60, are in his handwriting.
(Wednesday, July 26.)
PHILIP MONTAGUE PEACH , recalled. The body of the cheque (Exhibit 47), the writing "T. G. Paget, Leicester," in Exhibit 48, Exhibit 30, Exhibit 27, the endorsement "C. Nugent" on the bank-note, Exhibits 35, 32, 33, 15, 16, and the body of Exhibit 16 are all in his handwriting. I do not know the writing on Exhibits 3, 19, and 20; it is not his. The writing on Exhibit 37 is his but is kind of disguised; I can see it has been written by him. Exhibit 17 is his, and the body of Exhibit 23 is something like his. I do not seem to recognise the writing on Exhibit 22.
Cross-examined. I was convicted of uttering in 1902. I admit I was guilty. I made a sort of statement then. I knew I was guilty and so I said anything. In 1906 I was charged with Captain Fane for forging and uttering a cheque for £900; I believe the story was that Captain Fane had got a small subscription from Colonel Gas-coigne for an old soldier; he was a member of the Naval and Military Club and he wrote from there; the forged signature was copied from the colonel's cheque. It was all kept dark from me, however. Wellings and his wife have been convicted of a similar forgery upon the Bishop of London; they gave evidence against me and Captain Fane. Wellings said I was the person who introduced the forger, Kemp, but that was not the case; there was no such person; he was merely introduced so that there might be an extra share which Wellings would take without his wife knowing it. I know nothing about J. B. Hoodcock or Peter Wakefield. I have never seen Robert Fisher; I heard he got 10 years for something. My father has never been charged with forgery. I know nothing of what he did in 1908, 1909, and 1910. When I came out of prison my brother Charles told me that a gentleman wanted to see me. Charles is honest. He told me that Leonard and John were in the country. He took me to Mr. Lewis, and I was shown the same specimens of my father's writing as I have referred to to-day. In identifying them I was speaking from my recollection of his writing. The writing on this cheque (Exhibit 21) is something like my father's writing, too, in a way. I
should not think that Exhibit 23 is traced from Exhibit 21; I should say that someone in trying to forge it has got some of his own handwriting into Exhibit 23. The "Julys" are something alike, but I do not say in every detail.
THOMAS SIMMONS , licensed messenger. On May 19, 1911, I was instructed to take a message to 84, Shaftesbury Avenue, where there are some foreign money changers. In the early part of June of this year I saw Mr. Griffiths, and I was taken to Lewis and Lewis, where I made a statement. The man who gave me the message was clean-shaven, and aged about 55; it was not prisoner. On handing in the letter at No. 84 they handed me some money in an envelope. I took it back to Leicester Square, and I gave him the letter. He opened it, and there was some paper money and 3s.; the 3s. he gave to me. Then three clean-shaven men joined him; they had been waiting for him at the corner; prisoner was not among them. Some time afterwards I saw prisoner coming down Upper Regent Street.
Cross-examined. I believe I pointed out to Sergeant McEvoy the man in this group (Exhibit 113) with the dark moustache as the man who had given me the letter. I am now 73 years old. I do not think my memory is a bad one. I went to Bow Street as a witness for the Crown, and I saw prisoner in the dock. I said to Sergeant McEvoy afterwards that he looked like the man who gave me the paper; I do not remember saying that I could swear it was he. After I saw Mr. Griffiths I might have said when I went into the box that I had never seen prisoner before in my life. It is true that I picked out the photographs of this man with a moustache in 1910 and 1911 as the man who had given me the letter. (Exhibits 114 and 115).
Re-examined. The gentleman who gave me the letter was not Mr. Arditi.
PATRICK THOMAS BREEN , clerk, Witham, Roskell and Co., solicitors, 1, Gray's Inn Square. Prisoner is a client. In 1910 I was attending to his affairs. By referring to the diary I find that he called upon May 19, and that I attended him.
ARTHUR JOHN CLARK , of Messrs. Taplin, carpet manufacturers, Gresham Street, E.C. In 1908 certain carpets were supplied to a Mr. Hutchinson, 14, Palmira Court, Hove. We made application for payment. Amongst the replies received one or two were in the name of Mackenzie, stating that Mr. Hutchinson was away.
Cross-examined. I was brought here by the prosecution.
Verdict, " Guilty of knowingly participating in the proceeds of the forgery, but not of forging or uttering the cheque." The Common Serjeant asked the jury to reconsider their verdict, pointing out that the question was whether prisoner was a guilty party to the obtaining of the money by forgery. The jury again retired, and on their returning found prisoner Guilty, with a recommendation to mercy.
Mr. Elliott submitted that the jury's first finding that prisoner was neither guilty of the forgery nor of the uttering amounted to a verdict of Not guilty, there being no other count in the indictment upon which
they could find a verdict of Guilty. The Common Serjeant intimated that that was an argument which could be used elsewhere.
Upon Mr. Muir stating that it was proposed to proceed against prisoner on another indictment, sentence was postponed till next Sessions.
BEFORE JUDGE RENTOUL.
(Thursday, July 20.)
MULLER, Hans (28), STONE, Harry (42, traveller), BROOKS, Frederick (37, journalist), and GAGE, Mark Sidney (37, dealer) , all conspiring together by means of false pretences to obtain from such of His Majesty's subjects as should be induced to forward goods to H. M. Brooks and Co., of 654, Old Kent Road, Mark Sidney and Co., of Central House, Aldgate, and Higgins and Co., of 15, St. Dunstan's Hill divers goods belonging to the said subjects, with intent in each case to defraud; all conspiring together by means of false pretences to obtain from J. Brearley and Sons goods to the value of £63 13s. 4d., from the Thornton Pickard Manufacturing Company goods to the value of £47 3s. 9d., from the Gloss Manufacturing Company goods to the value of £48 1s. 3d., from Aldis Brothers goods to the value of £29 7s. 3d., and from Rajar, Limited, goods to the value of £17 12s. 6d., with intent in each case to defraud; all obtaining by means of false pretences from the Thornton Pickard Manufacturing Company goods to the value of £47 3s. 9d., from J. Brearley and Sons goods to the value of £32 5s. 10d., from Rajar, Limited, goods to the value of £17 12s. 6d., from the Gloss Manufacturing Company goods to the value of £48 1s. 3d., and from Aldis Brothers goods to the value of £5 15s. and £25 12s. 3d., with intent in each case to defraud; Brooks obtaining by means of false pretences from Aldis Brothers goods to the value of £5, with intent to defraud.
Mr. Muir, Mr. Travers Humphreys, Mr. Boyd, and Mr. Murphy prosecuted; Mr. Coumbe defended Brooks; Mr. Daniel Warde and Mr. Daniel Isaacs defended Gage.
Muller, who had been admitted to bail by a Judge in Chambers, did not appear.
Mr. Muir opened the case on behalf of the prosecution,
(Friday, July 21.)
THOMAS FORD , housekeeper, Central House, Aldgate. The building is divided up into 27 offices. In February, 1910, Gage and Muller applied for an office. This is the application form Gage signed as "Mark Sidney"; they required the office for the business of a Continental Agency and the name "Mark Sidney and Co." was to be painted on the door and window. They came into occupation at the end of February. The office consisted of a small furnished room at 10s. a
week. They left about August, 1910. They paid the rent regularly. They were there for a considerable time, practically every day. Stone and Brooks used to call about twice a week. The telephone they used was the public telephone which was used by all the other offices, No. 649 City.
Cross-examined by Mr. Warde. I looked upon Muller as the principal and Gage to be the clerk.
FREDERICK WILLIAM PRIVETT , property manager, Royal London Mutual Insurance Society, 644, Old Kent Road. I have the letting of the shops at 654, Old Kent Road, which is the ground floor and basement. On September 29, 1909, it was let to Hannah Brooks and Frank Tapper at £35 a year. In March, I think, "H. Brooks and Co., Robe and Blouse Manufacturers," was painted on the window. Since April, 1910, I have seen Brooks at the shop quite six times. At the close of the agreement, September, 1910, we distrained for two quarters' rent due. Up till about June, 1910, the business of making blouses for wholesale firms was carried on. There is no telephone on the premises. Exhibit 2 is a letter we received signed" H. M. Brooks and Co." headed "H. M. Brooks and Co., 654, Old Kent Road, mantle manufacturers, designers, and manufacturers of high class blouses, robes, costumes, etc., for home and export."
To Mr. Coumbe. My agent may have received £2 on account of the rent due. I have seen seven or eight girls working there and about eight machines going at a time. I did not see Tapper there after November, 1909.
LOUISA BUREETT , 656, Old Kent Road. I had the letting of the upper part of 654, Old Kent Road. I knew Mrs. Brooks as a tenant there in 1910. I have seen Tapper there. Till August, 1910, 12 or 14 girls were employed. I saw Brooks there daily. I have seen goods arriving there, but I do not remember up to what time.
To Mr. Coumbe. They went away for their holidays in August and they left a forewoman in charge; a notice was put on the door to enquire next door.
FREDERICK BALLARD , ironmonger, 685, Old Kent Road. There is a public telephone in the shop, No. 3120 Hop. I have never given H. M. Brooks and Co. authority to use that number on their paper. Brooks used to use the telephone and I used sometimes to take messages to him.
To Mr. Coumbe. Brooks told me that my wife had given him permission to use the number, but it was not the case.
ALFRED EDWARD STONE . Printer's warehouseman, 60, Redman's Buildings, Gray's Inn Road. I have occupied three rooms there for the past six years, paying 9s. 6d. a week. Prisoner Stone, who is my brother, lived with me for three weeks somewhere about last October. He never carried on any business there. I have taken in letters for him because he had not place where he could have letters addressed to.
"Mark Sidney and Co., Central House, Aldgate, London, E.C. Telephone, 649 City. Telegrams, 'Chlorodyne, Ltd.'" asking for samples, and signed "p.p. Mark Sidney and Co. M.S." We sent the samples asked for and on May 11 we received a letter ordering certain goods. We despatched 20,000 postcards, value £17 12s. 6d. We got a similar letter dated May 25, ordering further goods. We replied asking for references. On May 27 we received these references, "Messrs. H. M. Brooks and Co., 654, Old Kent Road, London, S.E., and Mr. H. E. Stone, 60, Redman's Buildings, London, E.C." We communicated with these people. The reply we got from H. E. Stone was headed "H. Stone, merchant and agent, 60, Redman's Buildings, Holborn, E.C. Established 1887,"" and the reply from H. M. Brooks and Co., heading similar to Exhibit 2; the signature is initialled "F. B." We gave certain instructions to our traveller and on his report we wrote Mark Sidney and Co. that we required further references, as those they had given us were not trade houses. On June 3 they wrote saying under the circumstances they would let the matter drop. On June 4 we wrote saying that we had heard they were selling our goods at much less then they had bought them from us and asked for an explanation. We received a reply from a solicitor. We have never been able to get payment of our account.
To Mr. Warde. All the letters we received were typewritten.
EDWIN CHARLES MORGAN , of Morgan and Kidd, manufacturers of photographic materials, Richmond. On April 26, 1910, we received a telephonic communication from Mark Sidney and Co., of Central House, Aldgate, asking for our catalogue. We sent one. On April 27 we received a letter, signed "Mark Sidney and Co.," enclosing an order for goods value £17 18s. 8d., amongst which were two lots of postcards, one priced at 42s., and the other at 35s. a thousand. Satisfied that we were dealing with a genuine firm we sent the goods on May 4 and 30. The goods were never paid for. On July 26 we received a letter, headed, "John Thew, 18, John Penn Street, Blackheath Hill, Kent. Wholesale only," asking us to quote for postcards up to 50,000, packed in hundreds. It is signed "For Thomas Thew. J." We sent an estimate, and on August 6 we received an order for goods amounting to £21 5s. On August 9 they ordered further goods to the value of £12 12s. We wrote, asking for cash, and he replied, saying that he was accustomed to obtaining credit, but he would send us references. Later he sent us as references H. M. Brooks and H. Stone, to whom we applied. Being satisfied with the replies we sent the goods, and also further goods which were ordered. We never received payment. On January 5, 1911, we received a letter, headed "No. 1 (ground floor), 88, Fenchurch Street, London, E.C James Howard and Co., Manufacturers' Agents and Importers," asking us to quote prices for certain postcards. We thought the tone of the letter looked rather like Mark Sidney's, and we asked for cash. Exhibit 85 is a packet of one hundred postcards that we sent to Thew; to sell them at 6d. would be giving them away.
To Mr. Warde. All the communications we received from Mark Sidney and Co. were typed.
HERBERT WILLIAM HOLMES , sports outfitter, 9, 10, and 11, Masons 1 Avenue, Basinghall Street, E.C. In May, 1910, Stone called and offered to sell about 20,000 Rajar postcards for Mark Sidney. I bought none on that occasion. On June 20 he came again, and I bought 199 boxes of Rajar postcards of 100 each for £4 17s. as a job line Exhibit 80 is the receipt, headed "Mark Sidney and Co., Central House, Aldgate." Stone signed it, "p.p. M. S. and Co., J. H. S." On the same day I bought 200 more boxes of 100 each for £4 17s. 6d. The two cheques I paid were drawn to the order of Mark Sidney. One is endorsed "Mark Sidney," and the other "Mark Sidney and Co." In July I bought from him a quantity of photographic papers. On September 15, 1910, I bought a quantity of Morgan and Kidd's photographic papers for £2 18s. The receipt is headed, "T. Thew, 16, John Penn Street, Blackheath Hill, Kent," and it shows that for 6,000 postcards we paid at the rate of 5s. a thousand. Exhibit 85 is one of the packets of hundred. Exhibit 86 is the cheque for £2 18s., made payable to "T. Thew," and endorsed "T. Thew." It was more my manager who saw him on this occasion than I.
ELIZABETH SOPHIA GUNN , 1, Barmerston Road, Catford. I know Muller. I sometimes let him pass cheques through my account at the London County and Westminster Bank. On June 21 I see by my pass book a cheque for £4 17s. 6d. was paid in and on June 22 £4 16s. 6d. On June 21 there was a payment out to Muller of £5, and on July 23 of another £5.
ARTHUR GRAY PICKARD , Thornton Pickard Manufacturing Company, Limited, Altrincham, Cheshire. In April, 1910, we received a request from Mark Sidney and Co. for a catalogue, which we sent. On April 26 we received an order for certain goods and giving the names H. M. Brooks and Co. and H. Stone as references. We wrote to H. M Brooks and Co. and received a reply headed "654, Old Kent Road, London, S.E.," and "When replying please quote G. Y. 64,995." Both replies were satisfactory and on May 13 we supplied three cameras to the value of £47 3s. 9d. On May 18 we received a further order for four more cameras, value £55, signed "pp. Mark Sidney and Co., M. S.," and from the wording of the order I under-stood that the goods were wanted for shipment abroad. I handed it over to Mr. Hesketh. I can say that this (produced) is our camera' and the number of the lens, 114,635, shows it is one of those we sup-plied. For the half-plate we charged £20 6s. 6d. and the quarterplate £11 18s. 6d. We have never received any payment.
To Mr. Warde. All the communications we received were typed. Re-examined. Of the three cameras, one was a postcard size value £15 7s. 8d., lens No. 114,787, one a quarter-plate fitted with a lens No. 70,066.
for goods previously supplied. On May 23 they wrote asking us to hurry up delivery and saying they would give us cheques for all goods delivered up to the 31st on June 10. I wrote on the 24th again asking for payment, and they replied on the 30th asking us to deliver what was ready and they would duly remit as stated. I wrote again on the 31st, asking for payment. On June 10 and 11 I went to their offices at Central House, Aldgate, but could find no one in. I wrote them on the 16th stating what I had done and threatening legal proceedings if the account were not paid. They replied on the 17th saying that the account should have their attention. We never got our money. On January 5 we received a letter headed "James Howard and Co., manufacturers' agents and importers," signed "J. Howard and Co., M. S.," asking us to quote for certain goods. I gathered from the appearance of it that it was wrtiten by Mark Sidney and Co., and I took no notice of it.
To Mr. Warde. The letters from Mark Sidney and Co. were typed.
WILLIAM STURLEY , contractor, Berlin Road, Catford. In June last year Muller brought me the camera and asked me if I would lend him £10 on it, saying that it was worth £32 10s. I asked him to leave it for a day or two and I would see what I could do. On his calling again I said I would keep the camera until he had paid me what be owed me. Subsequently Brooks came and told me that Muller had sent him to ask me whether I would give the camera up, as there had been a bit of trouble about it. I said I would give it up when he paid me what he owed me. I kept it, until I eventually handed it to the police.
To Mr. Coumbe. I knew Brooks because I lived in the same neighbourhood as he; he did not meet me on this occasion by appointment.
MOSES GOLDENFELT , of A. Goldenfelt and Co., hosiers, 64, High Street, Whitechapel. In June last year I bought a Thornton Pickard camera for £9 10s. from Muller. He and Brooks had come to see me about it a week before, and asked £10 10s. for it. About a week after Gage came with it, and I paid him £9 10s. Muller and Brooks first came with it, and they went back with it, and then a week after Gage brought it. The lens was No. 70,061. About the end of June I saw Stone pass the shop with Muller. Muller did not say who he was or where he came from.
To Mr. Coumbe. Brooks and Muller came to see me about two cameras in all. Brooks did not come to explain the workings of them; I cannot remember whether he actually explained them or not, as it is so long ago.
To the Jury. I knew the cameras came from Mark Sidney and Co. because Muller, whom I had known ten years, gave me his card when he called first. We got a telephone communication from Mark Sidney and Co. that they were sending someone down with the camera, and then Gage came.
forward a wholesale catalogue; the signature has after it the initials "M. S." We sent one, and in reply received an order for a lens.
We supplied one, value £3 15s. On May 9 they wrote, ordering certain lenses, and on May 27 we sent them, value £25 12s. 3d. In consequence of a communication we received on July 11 we wrote, asking them to explain why they were selling our lenses under cost. On July 12 they wrote, stating that there must be some mistake. We at no time received payment of our account. Exhibit 57 is one of the lenses we supplied; its value is £7 19s. 6d. Exhibit 58 was also supplied. On May 23 we received a letter, headed "H. M. Brooks and Co., signed "F. Brooks," asking for a lens, stating that he was not in the trade, and that he wanted it for his personal use. On May 26 we sent him this lens, Exhibit 79, No. 12,293, value £5. By the heading on the paper we thought he was a partner in the firm of H. M. Brcoks and Co.
WILLIAM SAVAGE , commission agent, Catford. I knew Muller as "Mullinger" and Gage as "Green." About July last year I first met Muller at Lewisham; he asked me if I could find a purchaser of a camera for him. I met him afterwards at Cannon Street. He had the camera. Gage was with him. Muller told him to come with me to Blackheath with the camera. When we got to Blackheath he handed me the camera, and I took it into Hodge's shop and sold it to him for £8 odd, which I handed to Gage, who was waiting outside. I got 5s. for myself. Subsequently Muller gave me two or three lenses, which I took to Hodges. He bought one, and I think I left the other two with him. I subsequently took them back to Muller.
JOHN WILLIAM HODGES , optician, 17, Montpelier Vale, Blackheath. Early in July I bought a Thornton Pickard camera from Savage for £8 5s. I paid by cheque, payable to Green. I thought Savage's name was Green. The No. of the lens was 114,787. Later on he brought me four lenses, of which I bought this one (Exhibit 57) for £2 10s.
To Mr. Warde. I endorsed the cheque in the name of Green and gave this gold to Gage.
PERCY JAMES PEARCE , salesman, Service Company, High Holborn. On July 28 a man called with these two Aldis lenses (Exhibit 57 and 58). We had previously had a communication from Aldis Brothers, and we declined to have anything to do with them.
CYRIL JOHN SMITH . In 1910 I carried on business with C. D. Shaw as the Glass Manufacturing Company at 570, Chester Road, Old Trafford. On April 20, 1910, we received a letter from Mark Sidney and Co., asking for samples. We sent some, and on April 22 they ordered some glossy starch. We asked for references, and they gave us "H. Stone, 60, Redman's Buildings, Gray's Inn Road," and "H. M.
Brooks and Co., 654, Old Kent Road." On getting satisfactory replies on June 1 we sent them £30 worth of starch. On June 16 we sent a further £16 worth. We made several applications for payment, but they were not successful.
JOHN BREARLEY , boot manufacturer, Albert Works, Portland Street, Halifax. June 29, 1910, I received a letter from H. M. Brooks and Co., asking for samples. At the top it said, "Please quote C. 0. 2,381." I happened to be in London at the time, and I wrote, saying I would call. I called on the 30th, and saw Mrs. Brooks and left the samples. Later we got an order for, £29 11s. worth of boots; the reference number on the letter is "O.N. 2,997." On July 6 we wrote, asking them to return samples and for references. They wrote us with these references, "Mr. H. Stone, 50, Redman's Buildings, 21, Holborn, London," and "Messrs. Mark Sidney and Co., Central House, Aldgate, London, S.E." The whole letter was written. We communicated with both these people and got satisfactory replies. On July 14 we forwarded the goods. On July 18 they wrote and asked for further samples. They had returned the previous samples. We seat them, and on July 21 they ordered £32 worth of boots, which we despatched. On August 13 we sent an account for the first lot of goods, and on the 17th and 18th I called again, when I found the premises locked up on both occasions. I called again in September with the same result. On September 9 they wrote us, saying they had changed their address, and referring us to "G. E. Mew, solicitor, 25 and 26, Aldgate." We did not communicate with him. We never received payment of our account.
To Mr. Coumbe. I do not remember any conversation taking place with Mr. Brooks about the sort of boots that would suit the Scotch tally business.
To Mr. Warde. The letter from Mark Sidney and Co. was type-written.
FREDERICK WILLIAM GRAY , colonial broker, 67, Harringay Road, N. Since March I have occupied an office on the second floor of 15 and 16, St. Dunstan's Hill, trading as "Rutter and Gray." I have known Stone about 20 years. In the latter part of last year Stone asked me if I would let Brooks have a seat in my office for a month or two in conjunction with a gentleman who was then in Germany; they were going to carry on business as "Higgins and Co." Subsequently Brooks came and said he wanted a seat in the office until this gentleman came over and then they were going to take larger offices, trading under the same name, "Higgins and Co." About March 6 he came into the office and the name "Higgins and Co." was put on the door. I was to get £5 for the month or two. About three weeks before this prosecution I saw Muller outside the office with Brooks. Brooks did a great deal of writing.
To Mr. Coumbe. I understood they were going into the soft-goods trade. The rent was to be paid when Muller arrived from Germany. I remember asking Brooks for the rent, but I do not remember telling him not to have too much to do with Muller because he had done
time. I knew he had done time, but whether I knew it before Brooks came into the office or after I cannot say; I told Brooks that I knew it and I did not want Muller there much.
Re-examined. Brooks did not say he was in partnership with Muller; he said Muller was the prime mover in the business.
Detective JOHN BISSELL , P Division. At 10 a.m. on June 10 I arrested Muller at Lewisham Park. At 1.30 p.m. I saw Stone leaving the office of Higgins and Co., 15, St. Dunstan's Hill. I said, "Mr. Stone?" He said, "Yes." I said, "We are police officers and I am going to take you into custody upon a warrant charging you with conspiring with Hans Muller, already in custody, Frederick Brooks, and Mark Sidney Gage in obtaining a quantity of boots in July of last year from Mr. Brearley, of Halifax." He said, "I only gave Brooks a reference for the boots. I never had a single boot out of it, or a quarter of a boot, nor yet a penny piece." At about 2 p.m. I saw Brooks in Cornhill, I had followed him from 15, St. Dunstan's Hill. I told him I should take him into custody, repeating what I had said to Stone, and he said, "All right. Have you got Muller?" I said, "Yes." He said, "When did you get him?" I said, "This morning." He said, "Who took the warrant out?" I said, "Mr. Brearley, of Halifax." When charged prisoner made no reply. At 5.30 p.m. on June 13 I saw Gage at the Luton Borough Post Office and arrested him on the same charge. He said, "I was only the tool of Muller. He went with me to take the office and found the money. I used to do only what I was told by Jack Muller. I know nothing about the boots, nor did I give the references. Muller used to type all the letters and sometimes asked me to initial them. Stone and Brooks used to call frequently at Central House, Aldgate, and Muller used to go away with them; I do not know where." I searched Muller and on him I found Exhibit 63, a card of the Elenco Chemical Company, 7, Ashton Road, Wimbledon; on the front of it is "H. Stone" and on the back, "60, Redman's Buildings, Holborn," in Stone's handwriting. On Brooks I found six letters and a postcard, the German part in Muller's writing and the English part in Brooks's (Exhibit 64 to 70 read; long letters from Muller to Brooks dealing with methods to be adopted in approaching certain firms for samples and generally).
(Monday, July 24.)
JOHN BISSELL (recalled, examination continued). I also found nine letters and six postcards in German and English to firms asking for quotations; Exhibit 71 is a bundle of four letters in German written by Muller. I went to 20, Tregothnan Road, Clapham, the address given me by Brooks and I found a quantity of printed notepaper with the following headings: "Higgins and Co.," "H. Stone," "W. H. Macaulay," "Brooks, Nunn and Co.," "Parker and Co.," "James Howard and Co.," and "Cupid's Chronicle." I also found Exhibit 78, the pawnticket relating to the lens which was pawned on September,
26, and Exhibits 5, 8, 13, 16, 17, and 19, relating to Brearley's case. On searching 5, Dunstan Place, Ilford, Gage's address, I found two letters and two letter-cards signed "Jack" and "J.M." in Muller's handwriting. (Exhibits 72 to 77 produced and read.) On searching Stone I found on him a card of the Elenco Chemical Company. I found at 15, St. Dunstan's Hill, a quantity of "Higgins and Co." notepaper. On June 13 at Peckham Police Station Gage made a statement to me which I took down. (Produced and read.) The signature to Exhibit 107, Mark Sidney and Co.'s letter to Morgan and Kidd, is in Muller's handwriting, as is also the order enclosed. In Exhibit 109, the order from T. Thew to Morgan and Kidd, the scroll under the signature is Muller's; the same remark applies to Exhibit 112. Exhibit 113, the reference from H. Stone to Morgan and Kidd, is all in Stone's writing. The signature to Exhibit 114, the order from Thomas Howard and Co., is Stone's writing. The signature to the application form (Exhibit 3) is Gage's writing, as are also the endorsements to the two cheques of Mr. Holmes (Exhibits 81 and 82). The initials "M.S." on the two letters (Exhibits 36 and 38) to the Gloss Manufacturing Company and the two letters to Aldis Brothers (Exhibits 51 and 55) are in Gage's handwriting. All the other letters from Mark Sidney and Co. are either in the handwriting of Gage or Muller. All the letters signed "H. M. Brooks and Co." are in Brooks's handwriting. The initials "J.E." on the reference from H. Stone to Brearley and Co. are in Brooks's handwriting. Exhibits 23, 35, 40, 45, and 95 and the body of Exhibit 84 are in Stone's writing.
To Mr. Coumbe. I did not before he asked me say to Brooks, "We have got your pal, Muller." I was careful to keep separate the different sets of papers I found at the different addresses. Muller was convicted in 1909 for obtaining goods by false pretences.
To Mr. Warde. Gage has previously been a man of good character; when I arrested him he was working at Luton. He gave us all the assistance he could. The statement that he voluntarily gave us was quite true.
To the Jury. He is a straw hat blocker; that would not entail any clerical Work.
LOMBE BUNN . At 9.30 a.m. on June 21 I went to 29, Lewisham Park, a house occupied by Muller, and there found Exhibit 88, an invoice from the Gloss Manufacturing Company, card with "H. M. Brooks and Co." upon it, and some" Mark Sidney and Co.," "T. V. Thew," and "T. Richard Cattell and Co." printed notepaper.
which I left six years ago. I then became matrimonial agent and subsequently published "Cupid's Chronicle." I lived upon this until 1910, earning £150 to £200 a year. I married in 1905, and my wife, having been a manageress in the blouse business, started a business in 1909 in the Old Kent Road with Frank Tapper, but he left at Christmas, 1909. At the beginning of February, 1910, I joined her in the business. It was a thoroughly genuine blouse business, employing a number of hands. Owing to the death of the King in June I got into debt owing to the quantity of coloured materials I had obtained on credit being thrown on my hands. I sold the blouses to tallymen and then I thought I would take up this tally business and with this view I obtained the boots from Brearley; I sold them gradually to tally-people and some privately. I did not pay the money I thus received to Brearley because I had to find money for my work hands and other expenses; I anticipated I should be able to pull my business up and pay my debts; I gave him notice when we were moving. From that time until I was arrested I lived on "Cupid's Chronicle." I got intimate with Muller because I lived in the same road with him at Catford; I believed him to be honest and a man of means; I heard that his father and his brothers were big lace manufacturers in Germany; he lived in a £50 a year house and he lived expensively. I believed Gage was honest and a man of means; I heard that he had held a number of public-house licenses and that his father had left him £40,000; from the fact that he came from Luton every day I concluded he was well off. I knew Stone was a commercial traveller and believed him to be honest. I simply went to Goldenfelt with Muller so that, at Muller's request, I could explain the workings of the camera; I was very much interested in photography. The reason I asked Sturley to return the camera to Muller was that Muller told me he had had a row with Sturley and asked me next time I saw him to ask him to do so as he did not wish to approach him himself. The lens I obtained from Aldis Brothers I got for my own personal use and I fully intended to pay for it. I felt justified in giving references for Mark Sidney and Co., as I thought Muller and Gage were men of good position; I had had business transactions with Muller in connection with the blouse business, which were quite satisfactory. They and Stone had all been to see my premises and I felt justified in asking them to give me references for Brearley." Higgins and Co." was started at Muller's suggestion; he was in Germany at the time and wrote me suggesting that I should do my clerical work over here and secure agencies for German firms who were not represented in London; he would assist with his technical knowledge of the lace trade. The expression in one of Muller's letters about "mugs being scarce now" referred to the fact that some of these German firms would not give us the agency unless certain conditions were complied with and he thought they were getting very smart. On one occasion, when Gray was asking me for the rent he told me not to have too much to do with Muller, because he had done time. This, combined with the fact that he did not pay for a gun which I had sent him, made me think he was making a catspaw of me. The reason why he told me in his letter not to write to him in envelopes of Higgins and Co. was that he
was staying with his people and he did not want them to know he was dealing in any way with rival firms. As far as the bill business wag concerned I was a mere blind tool in his hands. When he came over I had a row with him because of the way he had treated me in financial matters, and we parted. As regards the stationery found on my pre-mises, "Parker and Co." relate to a gramophone business which I started, but which came to nothing; the "Macaulay and Co." paper was left by a man Macaulay, for whom I, as a friend, was copying some letters on the typewriter; "Brooks, Nunn, and Co." related to an advertising specialist's business I started in Chancery Lane; I carried it on as "Coniston Gore," the name I adopted for "Cupid's Chronicle." The "H. Stone" paper was left by Stone; I had also typed some letters for him as he was not a good writer; he was starting a new agency and he was writing to his old clients. I never had any "Howard and Co.'s" paper; Sergeant Bissell has made a mistake. The "H. M. Brooks and Co." paper related to the business my wife started; her initials are "H. M." I put the telephone number on the paper so that people should know where to telephone to; it was not done with intent to defraud. I put a reference number on my letters because I had a fair amount of correspondence and it was my custom to do so. Kensit, who had been travelling for Brooks and Co. told me he would introduce me to firms from whom I could get goods for which he could find an immediate cash market. I got a few samples and some glassware in the name of Higgins and Co. and handed them to Kensit for sale. When I was arrested by Bissill he said he had a warrant for my arrest for obtaining some boots and he wanted me to go with him. I went willingly with him. He said, "We have arrested an old pal of yours, Harry Stone, and we have got Muller this morning; you are the third one."I said, "Who was the warrant taken out by?" He said, "A man named Brearley for boots." I never asked him "Have you got Muller?" I had no reason to connect Muller with it at all.
Cross-examined. I have carried on business in the name of W. H. Brooks and Co., and as Parker and Co. just before Christmas, 1910; I had paper printed in the name of Brooks, Munn and Co. as adver-tising agents, but no business was started. In 1909 I carried on business in the name of Coniston Gore as a matrimonial agent and to publish a paper; then in 1911 as Higgins and Co., general mer-chants. I had a capital of £300 to start with, a legacy left me by my mother. I cannot account for papers of James Howard and Co. being found on my premises. As Parker and Co. I dealt in blouses and gramophones. I had been manager of depots eight years ago for Scott's Cycle Stores, who had various branches in London and who dealt in gramophones. From 1892 to 1897 I was a schoolmaster. I knew Macaulay, who lived in the Old Kent Road, who carried on business as H. Macaulay and Co. He not being a scholar asked me to write his letters, which I did at his dictation, giving a reference to H. Stone. I also gave a reference to H. Stone as W. H. Brooks and Co. I was not in pressing difficulties. I owed rent in September. I had a lenient landlord and I wanted my capital for my business.
I gave Mark Sidney and Co. as my reference. I knew Stone as a traveller and had sold him a lot of goods for £1 or £2. Muller and Gage, trading as Mark Sidney and Co., had an office immediately opposite me. Muller lived at Catford near me, and we frequently went home together. I saw his office in Central Buildings, which was small, but I considered he was a substantial man from the way he lived. I knew nothing of his business. I had known Gage for a couple of years. I understood he had been left £40,000 by his parent. I considered Muller and Gage men of substance and wrote to the Thornton Pickard Company that they were doing a monthly trade of £100 to £200. I knew Muller had left a camera with Storey. I told Storey if he did not give the camera up it might lead to trouble—that was at the request of Muller. I went with Muller with two cameras to Goldenfelt; Muller wanted me to explain the camera, which I did; I had nothing to do with the transaction and did not know where he had purchased it. I first became suspicious of Muller from a letter he wrote about some guns while we were in partnership as Higgins and Co. I continued in partnership with him up to the time of my arrest. (A number of letters written by Muller to the witness were explained.)
MARK SIDNEY GAGE (prisoner, on oath). I am 37 years of age, married, and am living at Luton. For 10 years I was licensee of the "Peter the Great" public-house, Deptford, holding from the Cor-poration of London at a rental of £350 a year. I afterwards was licensee of a public-house at Sydenham for 13 months, left on good terms with my landlord, and have since been manager of other public-houses. In 1907 I went to Australia and returned to England in May, 1908. I first knew Muller in the beginning of 1910. I wanted to get a berth and he proposed that we should open a business at Central House. He said he could buy goods on 90 days' credit and sell them at a profit. I went with him to take the office and he asked me to sign it. He said, "Do not put 'Mark Sidney Gage'—'Mark Sidney' will look better. You sign." I did so. He then took me to an office where we got a telegraphic address, for which he paid a guinea. He gave me £5 to open an account at Farrow's Bank, which I did, he waiting outside. I attended the office practically as the boy. I got no regular salary, but Muller occasionally gave me £1 or £2. I have no knowledge of typewriting; Muller typed the letters and asked me to sign them. I would ask about the contents and he. would say, "Do not worry about that; that is all right." I know nothing of a parcel of boots obtained from Brearley. I left Muller at the end of July, 1910, and had nothing further to do with him. I took a camera to Goldenfelt, who gave me the money for it, which I handed to Muller. I took one also to Savage, who gave me a cheque, which I handed to Muller. Muller gave me 5s. 6d. to give to Savage, which I did; I had nothing out of that transaction. Cheques were drawn for payment of goods; the rent was paid up to the end, I believe. When I left Muller I went to Luton, where I have been engaged ever since in straw work and where I was arrested. I could go back there
to work to-morrow. I had no knowledge of the work of a merchant's office. I had no notion that a fraud was being committed by Muller during the four years five months I was with him. I should think Muller was a very clever man. I now realise I have been a fool.
Cross-examined. I signed the application for Central House and my name was used for the business of "Mark Sidney and Co." I had not a penny piece and put nothing into the business. It is ridiculous to suggest I had £40,000. I could not tell, seeing that Muller was financing the business, why it was taken in my name. I knew of the postcards arriving from the Rajar Company and that they were sold by Stone to a man who kept a small shop near the Wool Exchange. I went with Stone to take them and waited outside while he sold them. I do not know what they were sold for. I knew there were three cameras obtained from the Thornton Pickard Company and that they were sold. I did not inquire what they had been bought for. I never got any accounts from Muller. I was practically a dummy in the office. I had no idea there was anything fraudulent going on. I was not aware that goods were actually being sold under price. I did not know Brooks before I joined Muller.
To Mr. Coumbe. Brooks had nothing to do with Mark Sidney and Co. He called occasionally to see Muller and they went out to lunch together.
Witnesses to character were called on behalf of Gage and Brooks.
HARRY STONE (prisoner, not on oath) declared that all he did in this matter was done out of good nature towards Muller, who had been kind to him. When he gave the references he was under the impres-sion that a bona fide business was to be carried on and that Muller was a man of substance. All he got out of the sales was a few shillings commission.
Verdict: Brooks, Guilty; Gage, Not guilty; Stone, Guilty, with a recommendation to mercy.
The police evidence showed that Brooks and Stone had been for a considerable time connected together in long firm frauds.
Sentence, Brooks, Five years' penal servitude; Stone, Three years' penal servitude.
ESSEX CASES. BEFORE THE RECORDER.
(Monday, July 17.)
Mr. Metcalf prosecuted.
window of the front room on the ground floor was closed, but was not fastened with a window catch; it could be opened from the outside. These two articles were safe in that room. At 1.50 a.m., hearing a noise I got up and looked out of the window. I saw two men about three or four doors away, watching down the street. I partly dressed, ran after them, and caught them. One of them asked me what I wanted. I asked what they were doing on my premises, and they said, "You have made a mistake." One of them, I could not say which, had my clock; when he saw me he was in the act of putting it on the doorstep of No. 44. One of them put the vase by the side of the clock. One of them tried to hide the clock with his leg. I asked them what they were doing with my clock, and they said again I had made a mistake, and then went into No. 42, next door. I got a police-constable. We went into No. 42 and I gave them into custody. They were under the influence of drink. The valuo of the articles is about £2.
GEORGE PEBSONSON , carman, 133, Amity Road, West Ham. At 1.40 a.m., on July 4, I was in the yard of No. 20, Victoria Street, when I heard the noise of heavy boots on the pavement. I opened the door and saw Garnham running up the street after prisoners. Adams was carrying a clock; they were walking towards me. They went into. No. 42 or 44. I identified them there. They looked as if they had had a little drop too much.
HERBERT CHARLES BUTLER , stoker, 42, Victoria Street. Adams has lodged with me about eight months. At 2 a.m., on July 4, I heard somebody come into the house with a key. I did not know Johnson before. My wife shouted, "Who's that?" and Adams replied, "It's all right; it's me." A little later I heard a knock; I went down and let in the police officer and Personson.
Cross-examined by Adams. I have never known you under the in-fluence of drink.
Detective-inspector JOHN SIMMONS , K Division. I was on duty at 1.55 a.m. on July 4 in West Ham, when Garnham made a communication to me. I went with him to 42, Victoria Street. In the front room on the first floor I saw prisoners. Johnson said, "What do you want?" Garnham said, "That is one of the men who broke into my place," and, pointing to Adams, he said, "That is the other one." I then said I should arrest them for burglary. Johnson said, "Can he prove it"; Adams said, "You have made a mistake," and was very abusive on the way to the station. Adams said, "I took him (Johnson) home to sleep." They had both been drinking, but they were not drunk. The window at No. 20 is a window that can be opened from the outside.
Prisoners' statement* before the magistrate: Adams: "I have nothing to say and no witnesses to call." Johnson: "No; I cannot see we broke in. The window must have been open to draw our attention to it."
with me. I had no idea he had gone through this window. I had got as far as my door and I looked to see where he was. I saw him coming down the street with the clock and the vase. I asked him what he had got and he said, "Look sharp." I took the clock from him and told him he was not going to fetch them in my place. I was putting the clock on the step when the prosecutor came up.
Cross-examined. I thought ho wanted to ease himself and that was why I walked on. I went to meet him. I knew it was stolen property and I shut him out, Tout I had left the key in the door, so he was able to come in. We were in the house about five minutes before the police came. At the police-court I was bewildered and did not know what to say.
THOMAS JOHNSON (prisoner, not on oath). I have only been out of prison 10 days and have not had a chance of getting an honest living. I am willing to do honest work when I get it; this was done in a drop of drink. Adams is innocent.
Verdict, Adams, Guilty of receiving; Johnston, Guilty of breaking and entering.
Adams confessed to a former conviction of felony on December 3, 1901, and Johnson to a conviction of felony on June 24, 1908. Against Adams two further convictions were proved; he was stated to be a constant associate of thieves. (Henry Mocock, called on his behalf, stated that he was a coffee-house proprietor, that prisoner had worked for him for the past four years on and off, and that he had always found him honest.) Against Johnson 12 previous convictions were proved; he was stated to be an habitual thief.
Sentence, Johnson eight months' hard labour; Adams was released on his own recognisances to come up for judgment if called upon.
Payne stated that she first knew prisoner was married three days after she married him in June of this year. It was stated that he left his wife in May, leaving her very badly off. He had treated both women kindly.
Sentence, Four months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, July 19.)
Mr. R. P. Hughes prosecuted; Mr. Cassels defended.
Detective-inspector HERBERT SAUNDERS . On June 26 I went to 45, Nassau Road, Barnes. I found the scullery window and door open. The rooms were in great disorder, drawers pulled out and the contents strewn over the floors and uses matches in all the rooms and passages.
PERCY FRANK MADGE , 45, Nassau Road, Barnes. Through ill-health I had to shut up my house and go to live at Hindhead. The place was thoroughly looked up on June 21. These candlesticks and imitation pearl beads belong to me. About £30 worth of goods were stolen.
Detective-sergeant EDWARD HUNT . I arrested prisoner on July 1, about 6.30 p.m., at 114, Shepherd's Bush Road. I told him I was a police officer and cautioned him. I told him that his sister had made an incriminating statement against him respecting property that had been stolen. He said, "I bought the candlesticks from a man in Bridge Road, Hammersmith, late on the night of June 23. I gave him 10s. for them. I don't know the man nor where he lives. I did not get a receipt for my money; I did not ask for one, but he said they were his property. I gave them to my sister, Ethel Large, at 114, Shepherd's Bush Road, my father's house, on the night of the 24th. I asked her to pledge them for me and get what she could on them. She gave me the money and the ticket. I have destroyed the ticket or mislaid it. I gave my sister 1s. for her trouble. I then left the house. My father and mother know nothing about it. They were not in at the time." I then questioned him about the string of beads. I told him his sister said he gave them to her at the same time as the candlesticks. He replied, "The beads I found close by where I bought the candlesticks." When charged he made no reply.
RALPH GILL (prisoner, on oath). I did not commit the burglary. On June 23 I was in Bridge Road, Hammersmith, at 10.30 p.m., and met a man I knew as Dick. I have known him 15 or 18 months. I have seen him 20 or 30 times I buy different things when I see them offered for sale and sell them again. I paid him 10s. for the candlesticks. I said "Good night" to him and then tripped over something. I looked down and saw they were beads. I put them in my pocket. Next day I took the candlesticks to my sister and sent her out to pawn them. She got 15s. on them and I gave her 1s. I gave her the beads as they were no use to me. My father told me the officers were wanting me and I went to them and made the statement that has been read after they had questioned me. I do not live with my father and mother.
Cross-examined. On and off I work for my people and do a bit of horse-racing. I told the officers where they would very likely see
Dick. They turned round and said, "Dick is only a mug." I deal in anything that comes along. The reason I did not pawn the candlesticks myself was that I knew my sister went there and she would get a better price than I could. I told her to get the best price—more than I paid for them. The ticket was in my pocket. I might have torn it up. I won the 10s. I paid for the candlesticks. There were two or three races on in Coronation week; I cannot name one.
Verdict, Guilty. Several previous convictions were proved.
Sentence, Five months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, July 26.)
Satisfactory proof having been given that a marriage between prisoner and Miss Weech could be arranged which would be binding upon prisoner under the laws of Spain, he was released on his own recognisances in the sum of £10 to come up for trial next Session if called upon.