Vol. CLV.] Part 923.
CENTRAL CRIMINAL COURT
HELD SEPT. 5TH, 1911, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE.
[Published by Annual Subscription. ]
THE ARGUS PRINTING COMPANY, LIMITED 10, TEMPLE AVENUE, LONDON, E. C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIESWITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, September 5th, 1911, and following days.
Before the Right Hon. Sir T. VEZEY-STRONG, LORD MAYOR of the City of London; the Hon. Sir HORACE AVORY , one of the Justices of His Majesty's High Court; Sir ALFRED NEWTON Bart.; Sir CHARLES WAKEFIELD , Knight; Sir HORATIO DAVIES , Knight, K.C.M.G.; Sir GEORGE WOODMAN , Knight; Sir JAMES THOMSON RITCHIE Bart.; and Alderman EDWARD ERNEST COOPER , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; 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.
(Tuesday, September 5.)
HARRISON, Cecil (19, printer) pleaded guilty , of forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for £45 10s., with intent to defraud.
Prisoner had previously borne a good character. His employers, whose name he had forged, had, whilst he was on bail, taken him back into their employ.
Sentence was postponed till next Session.
Prisoner gave as his excuse for writing three libellous postcards to his late employer that he had been wrongfully dismissed after 15 years' continuous service. It was stated by the prosecutor that he had to be ismissed on account of his quarrelsome behaviour to his fellow employees.
Sentence, Three months' imprisonment without hard labour, at the expiration of which he was to be bound over in the sum of £50 to be of good behaviour for three months.
A long list of convictions were proved; prisoner had served, with other sentences, 24 years' penal servitude. His downfall was attributed to drink.
Sentence, 18 months' hard labour.
HALLIFAX, Septimus (50, clerk) pleaded guilty , of stealing two valuable securities, to wit, banker's cheques for £550 and £1,700 respectively, the moneys of George Strachan Pawle and others, his masters.
Prisoner had been in the employ of the prosecutors, who are stockjobbers, for nine years as a ledger clerk, and had since June, 1910, embezzled £9,000 for the purpose of speculation. Shares in his name to the value of £450 had been found. Sentence was postponed, on the joint application of counsel for the prosecution and the defence, to give prisoner an opportunity of giving information as to other shares which were believed to be in the names of prisoner's nominees.
SCOTCHMERE, Thomas (47, labourer) pleaded guilty , of forging, altering, and uttering, knowing the same to be forged and altered, certain authorities for the payment of money, to wit, invoice bills for the payment of £1 9s. 3d., £1 9s. 9d., and £1 0s. 6d.; obtaining by false pretences from Christy and Co., Limited, the several sums of 17s. 3d., £1 13s. 3d., £1 17s. 3d., and £1 3s. 4d., in each case with intent to defraud.
Prisoner, by forging and uttering orders for payment for piece-work, had since February, 1905, defrauded the prosecutors of £130.
Sentence, Six months' hard labour.
BAILEY, Richard (72) , unlawfully writing and publishing and procuring to be written and published a certain defamatory label of and concerning Alfred Algernon Robinson, in his profession and business as a solicitor.
Mr. Huntly Jenkins prosecuted.
Prisoner stated that he could prove that the prosecutor had property to which certain deeds he had handed him, and had since recovered, related.
ALFRED ALGERNON ROBINSON , solicitor (junior partner of Haynes and Robinson), 101, Bow Road, E. In the beginning of 1907 prisoner brought a sack of deeds, which were in a most dilapidated condition, relating to some house property in Stepney. My managing clerk, Hobson, examined them, and made a report to me. On February 20, 1907, I wrote to prisoner's wife. She came, and my clerk gave her back all the papers. I received a letter, signed "Richard Bailey," dated July 20 (no year), asking me what I was going to do about the property, and alleging that I had swindled him out of it after I had returned him his papers. I declined to have anything more to do with the matter. I did not charge him anything. Amongst others I received these two postcards, dated March 9, 1906, and August 3, 1911 (Exhibits 1 and 2). Exhibit 2 reads as follows: "Now Mr. Haynes, what are you going to do about my property. You have been a long time coming to terms. I can prove you have got my property—you and the Town Clerk. You have got a lot of property off of Champion, of Ironmonger-lane. You are going to lock me up, because I have got a copy of every letter that I have sent you. You are all a den of thieves. I will never leave off writing. I am willing to come to terms. I want to come to terms. Why don't you come to terms like a gentleman. I told the gentleman the other night that came that I am freely willing to come to terms. I will not leave off writing until you do." I do not know of any man named Champion. The Town Clerk had nothing to do with the matter.
CHARLES HENRY HOBSON , managing clerk, Haynes and Robinson. At the end of 1907 I handed prisoner's wife the sack of deeds; they came together for them. Most of them were unreadable, and were absolutely valueless. When before the magistrate prisoner admitted having written Exhibit 2.
Prisoner stated that he knew nothing about Exhibit 2, and that he could neither read nor write.
Detective-sergeant FRANK GIRDLER, H Division. At 11.30 a.m., on August 7, I served prisoner with a copy of the summons, showed him the postcards, and explained to him that he was going to be charged for sending libellous postcards. He said, "They have my right. I will send him some more in the morning."
MARY BAILEY . Prisoner and I have been married 54 years. He was advertised for in the papers for the next-of-kin. I went to the parish clerk and told him about it, and he advised us to go and see a solicitor. I went to Robinson and Haynes, and asked Mr. Robinson to take the case over. He said he would, and I gave him all the documents we had. He said we were the real owners of some property in Limehouse Causeway, because there was no owner there. He had the case for over 11 months, and then said he did not have time to go on with it. Three months afterwards he and the borough had the houses done up. My husband and I cannot read or write. We only sent three postcards, which were written by my grand-daughter at my dictation; prisoner knew all about it.
Cross-examined. I posted them. The property belonged to Francis, prisoner's uncle. I do not think Mr. Robinson has swindled us out of it altogether, but just a little bit.
Prisoner, called upon his defence, stated that he did not wish to add anything to what his wife had said.
Verdict, " Guilty. We think his conduct was largely due to his great ignorance."
Prisoner was released on his own recognisances in £20 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Tuesday, September 5.)
Prisoner confessed to having been convicted at this court on December 6, 1910, of possessing counterfeit coin, receiving six months' hard labour.
Sentence, 20 months' hard labour.
Three summary convictions for larceny were proved.
Sentence, Nine months' hard labour.
DERRINGTON, Frederick (27, carpenter); ADAMS, James (25 clerk); WILD, Frank (27, trainer); MARSTIN, Walter (19, confectioner); SMITH, John (23, carpenter); and RAMSDEN, John Frederick (27, liftman) , all unlawfully possessing counterfeit coin with intent to utter the same; Adams, Wild, Marstin, Smith, and Ramsden feloniously making counterfeit coin; Adams, Wild, Marstin, Smith, and Ramsden feloniously possessing three moulds in and upon which was impressed the obverse and reverse sides of a florin, and a battery intended to be used for making counterfeit coin; Adams unlawfully possessing counterfeit coin with intent to utter the same.
Mr. Beaumont Morice prosecuted; Mr. Purcell defended Wild.
Ramsden pleaded guilty of feloniously making 17 counterfeit half-crowns and of possessing a mould.
Adams pleaded guilty of possessing five counterfeit florins, which plea was accepted by the prosecution; he also confessed to having been convicted at this court on February 8, 1910, of double uttering.
Smith pleaded guilty of possessing a mould.
Wild and Marstin, were now tried for possessing a mould for making florins.
Detective-sergeant JOHN BEARD, L Division. About 4.30 p.m. on July 8 I with other officers saw Wild and Adams enter the private bar of the "Three Stags, "Kenningston Road, Marsrtin following them in. I, and Police-constable Pike went into the saloon bar and saw the prisoners sitting down having a conversation, then they went out; we followed, but missed all three of them. On July 10 at 2.45 p.m. near the "Three Stags" I saw Adams loitering; he was joined by Wild; they talked for a little time and were joined by Marstin. After some conversation Marstin entered No. 11, Mead Road, while Wild and Adams went to a shop in Hercules Road, which is about 80 yards away; they came out and returned to the "Three Stags, "when they were again joined by Marstin and another prisoner. Marstin took a small brown paper parcel (produced) out of his right trousers pocket and handed to another man; then Marstin, and Wild went in the direction of Kennington Cross, while I followed them in a taxi-cab. At Walcot Square I stopped the taxi about 50 yards in front of them. I saw Marstin take something from his fob pocket and hand it to Wild, who examined it and handed it back. When they came up to us I told them we were police officers and were going to search them; they made no 1 reply. Detective Pike searched Wild, but found nothing on him; I found two counterfeit florins dated 1910 in Marstins fob pocket. He said, "I have just had them given to me by a man outside the 'Stags' public-house." The two were taken to Kennington Road Police Station, when, on seeing Adams in the charge room, Marstin said, "that was the man who gave me them." Shortly afterwards the witness Glyn attended at the station and handed to Sergeant
Reddiford parcel produced containing 20 counterfeit florins dated 1910. I afterwards went with Reddiford to 11, Mead Road. In the first floor back room I saw Ramsden stooping at a small table on which was battery produced which had a counterfeit florin of 1910 on one wire and a piece of silver on the other. Smith sat on the foot of the bed polishing a florin, which he placed on the table with 16 others produced. On the window-sill was a florin mould of 1902 and 10 florins dated 1910; on the table was a basin containing liquid, plate with grease and black adhering to it. file, pair of pincers with metal and plaster of paris on them, tray covered with (plaster of paris; the over shelf was marked with piaster of paris; on the mantelpiece was powdered antimony and a guet; on the stove a ladle with metal inside and a gas ring with white metal on it; on the dresser a bag of plaster of paris, electric accumulator and a portion, of a pewter pot bearing the name of the "Crown" public-house. The articles found were conveyed to the station. I then charged Marstin, Adams, Ramsden, and Smith with making and possessing and Wild with possessing. Wild said, "Nothing whatever found on me." Marstin made no reply to the charge of making; to the charge of possessing he said, "It was nothing to do with me." On July 12 at 11.15 a.m. I went again to 11, Mead Road, when Mrs. Rebelle, the landlady, handed me two moulds for making florins of 1910 and a piece of glass with plaster of pans adhering to it. On July 18 Miss Brochell, a lodger, and Mrs. Stevens, the landlady at 16, Brook Street, identified Ramsden, Wild, Marstin, Derring'ton, and Adams. Brook Street and Mead Road are within 100 yards of one another.
Cross-examined. Wild at first was only charged with possessing coin. He was searched on arrest—no counterfeit coin was found on him. At Mead Road I found a pair of boots with roller skates on them.
CARRIE STEVENS , 16, Brook Street, Kemnington, married. A few months ago Wild with Ramsden book two rooms at my house; they afterwards occupied only one, for which they paid 6s. a week. They were frequently visited by Marstin and two other men. On June 27 I left my house in charge of Mrs. Brochell. I returned on July 5. I found they had left. On July 13 the police searched the room and found a spoon with metal on it and some small pieces of metal. No one else had occupied the room since Wild and Ramsden left.
Cross-examined. The articles were found in the room at first occupied by Ramsden and afterwards by Wild and Ramsden together.
Detective WILLIAM ALLEN, L Division, corroborated.
DOHA REBELLE , 11, Mead Road. On July 5 I let to Wild and Ramsden a bed-sitting room for a lady and her husband (Smith and Newman) and another room for themselves. Marstin came daily at about 9 a.m. and was in and out fetching provisions, etc. On July 7 at 2.30 p.m. Wild went away; he returned on Sunday. July 9, at 2 p.m. with Newman, left and did not afterwards return. They did their own cooking. On July 10 I was present when the arrest and search was made by the police. On July 12 I was scrubbing the back room which Wild and Ramsden had occupied, when a piece of the flooring came
loose and I found underneath two moulds for making florins of 1910 and a piece of glass (produced), which I handed to Beard.
Cross-examined. Ramsden and Wild both said they were professional skaters at the rink.
Detective-sergeant HARRY REDDIFORD, L Division, and Detective CHARLES PIKE, L Division, corroborated Beard's evidence.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The three moulds produced are for making counterfeit florins; two are of 1910 and one of 1902. All the articles produced could be used in making counterfeit coin, except the pot, which is not pewter and is not of the metal used by coiners.
(Wednesday, September 6.) (Defence.)
FRANK WILD (prisoner, on oath). I am 28 years of age. I have known Rams den since February, 1911, Marsden since May, 1911, Derrington for about two weeks—I met him for the second time on the day of my arrest. Adams I have known 18 to 20 years; he has been employed with me in different circuses; we were together in France and England with Captain Woodward's Performing Sea-lions and Alaska Seals. I took the rooms with Ramsden at 16, Brook Street, and 11, Mead Road, as stated. I was at Brook Street about eight or nine weeks to sleep but away almost entirely in the day time—leaving at 11 a.m., returning at 6 p.m. for my skates and being at the skating rink until 11 or 12 p.m. I was at Mead Road only on July 5 and 6 to sleep, left on July 6, and returned for my laundry on July 9, when I was only there a quarter of an hour and was not again at the house. I was getting my living by teaching skating at the rink and by doing tatooing, for which I have an electric machine; the accumulator (produced) is mine, but not the battery. Neither at 16, Brook Street or 11, Mead Road, have I ever seen implements for coining or coining being done. On July 10 I was with Adams near the "Three Stags"; he crossed the road to speak to Ramsden and I followed, but heard nothing of what passed. We then all three went into the "Three Stags" for a few moments. I stood just inside the door—I am a teetotaller. I then went with Adams to a coffee shop in Hercules Road and had dinner. We returned to the "Three Stags" and were met by Marstin and Derrington. Adams spoke to Marstin; I did not hear what; was said. Adams and Derrington then went towards Westminster Bridge Road, I and Marstin going towards Kennington Cross, where I intended to buy a platinum tipped screw for my tatooing machine. On the way Marstin said to me, "Have a look at these two coins." I refused to look at them. We were then arrested and taken to the station. Only 6s. 6d. in good money was found on me. From first to last I had no knowledge that Smith and Ramsden were concerned in making or uttering bad coin.
Cross-examined. I had been working with Captain Woodwards Sea Lions up to the last April; I then took up skating; I was doing
tatooing up to the Saturday before I was arrested. Adams used to work at a button manufacturer's; I took him with me to America and Canada; he left me in January, 1908, and I returned to England in March, 1908. I afterwards saw him and promised to write to him, he told me he was "supering" at the theatres. I was in Germany in 1909. I went to Africa in 1910, returned in September, and I picked Adams up sometime after that. In February, 1910, I saw him outside the Hippodrome, he said he was expecting a job; after that I never saw him till last May, when I met him frequently.
We took two rooms in Brook Street, and after two or three weeks only had one. We were there for about two months, up to July 5. The landlady told us if we could not get in earlier at night we should have to go, and so we left. Meeting Smith, I arranged to take two rooms, one for Smith and his missis and one for Ramsden and myself. I passed very little time in the rooms—all my meals I had in coffee shops. I knew nothing of the articles found by the police. I was not at the "Three Stags"on Saturday, July 8; the police evidence is false about that. I met Ramsden on July 10; Adams, Marstin, and Derrington joined us. Marstin did not hand a parcel to Derrington nor did Derrington hand a parcel to Adams. While I was walking with Marstin to Kennington Cross he put a parcel in my hand and said, "Look at these; they are two bad coins." I said I did not wish to look at them, and gave them to him back.
WALTER MARSTIN (prisoner, not on oath). How I first came to get into this bad company was that I went for the washing which my mother did and I used to go and buy provisions for the other prisoners at Mead Road. On the day of the arrest I was asked to run down with a brown paper parcel to Adams, who was waiting outside the "Three Stags." I gave it to him and he handed me a small parcel to take back. Then Wild said, "Come with me to Kennington Cross." He wanted to get a screw for his battery. On the way I was arrested. I was asked what I had in my pocket, I said, "I do not know," and I did not know whether it was coins or anything else that were in the packet.
Verdict, Wild, Guilty; Marstin, Not guilty. The jury wished to commend the officers engaged in the case for the way in which the prisoners had been caught.
Wild, Marstin, and Derrington were then tried (before another jury) for possession of 27 counterfeit florins with intent to utter the same.
Detective-sergeant JOHN BEARD repeated the previous evidence, which was corroborated by Detective-sergeant HARRY REDDIFORD.
MICHAEL GLYNN , Oakley Street, South Lambeth, labourer. On July 10 I saw Derrington and Adams arrested. Adams dropped a parcel which I picked up; it contained 20 counterfeit florins wrapped in brown paper. I handed it to Detective Beard.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The three packets of coins (produced) contain 20, five, and two counterfeit florins; they are all dated 1910 and have all been made from the same pattern piece.
Cross-examined. I cannot say whether Marstin handed anything to Derrington; he did not do so in my presence. Derrington handed nothing to me and I dropped nothing. I caonot account for Glynn finding a parcel of 20 florins—they were never in my possession. I was only in possession of the five florins to which I have pleaded guilty.
Verdict, Wild and Marstin, Guilty; Derrington, Not guilty.
Convictions proved: Adams: February 8, 1910, at this court, 12 months' hard labour for uttering; January 8, 1908, bound over at Bow Street for warehouse breaking. It was stated that when arrested he was wanted for larceny. Wild was on August 24, 1908, at North London Sessions, bound over under the Prevention of Crimes Act. Smith fined 20s. or 14 days' hard labour on October 17, 1910, for wilful damage, also six months' hard labour for assault on police. Marstin was stated to have been of good character up to 10 months prior to his arrest.
Sentences: Smith and Ramsden, Three years' penal servitude; Wild, 15 months' hard labour; Adams, 12 months' hard labour; Marstin, Nine months' hard labour.
BEFORE MR. JUSTICE AVORY.
(Wednesday, September 6.)
Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. Roome defended.
ANNIE CRUTCHLEY . For some years I have been employed as first saloon stewardess on the P. and O. steamship China. We left Sydney, N.S.W., on May 20; arrived at Colombo on June 7; left Colombo for Aden on June 8. Miss Brewster was also a first saloon stewardess. She and I occupied the same cabin. Prisoner was employed on the China as a topaz, or attendant, for the ladies' bathrooms; I had known him in that capacity for about eight months. He used to come to our cabin at 5 a.m. with tea for Brewster and myself. We always used to speak to him in English and he would reply in English; he seemed
to understand English quite well. Brewster was about 54 years of age. She was on good terms with everybody on board except prisoner, whom she used to scold occasionally, but only for very trifling things. About a week after leaving Colombo I heard prisoner call her a very nasty name. I have heard her more than once threaten to report him to the purser for insolence. Once when she missed a can belonging to her she accused prisoner of throwing it overboard; he was very angry and told her he was not a thief; the can was afterwards found. On one occasion I heard her smack prisoner in the face; that was on June 6. On June 8 we found in our cabin nailed to the wall a menu card of June 7 (Exhibit 3); it bears up on it writing accusing Brewster of an act of impropriety in the "Government" cabin with "Williams," a steward. Brewster told me that was the fifth time she had found a card of that sort in the cabin. On the night of June 10 I went to bed at 10.30; Brewster had not then finished work. I woke about 12.30, when I saw her lying on the floor in the cabin. (It was a very stifling atmosphere; the monsoon was on, and all the portholes were closed.) At 3 o'clock I woke again, and saw her straightening up her bed; she had only her nightdress on; I went to sleep again, not troubling about her, as she had told me she was going to sleep in another cabin. At 5.30 prisoner came in to wake me, bringing some tea and coffee as usual. He said, "Where is Miss Brewster sleeping?"; I said, "In the cabin opposite"; he said, "Will you call her or shall I"; I said, "I will call her." On the way to my bath I went into cabin 114 to call Brewster; the door was hooked back and the curtain drawn across. Pulling the curtain aside I looked in and saw a bed and pillows on the floor; I thought Brewster had got up, and I did not open the door. As I was going to the bath I met prisoner; I said, "She is not in that cabin; she must be somewhere else; I will go and call her when I have had my bath." While I was in the bath-room prisoner knocked and said, "Miss Crutchley, come quickly; Miss Brewster is in that cabin; something has happened." I dressed and went with prisoner to cabin 114; the door and curtain were just as I had left them. I went into the cabin; prisoner stood outside. The first thing I noticed was the open port, and marks of splashes of blood around the port. I lifted the mattress on the floor, and underneath it found Brewster lying on her back with her head on the floor, with pillows round her; there was a blanket almost under her; she had no nightdress on; I saw no nightdress in the cabin; I searched for it afterwards but never found it. I sent prisoner for the doctor, who came within a few minutes. He saw the body exactly as I had found it, except that I had just raised the head and put the pillow under it. While the doctor was examinnig the body a sea came in through the port; it wet me and the doctor; prisoner was still out-side the cabin and this water could not have reached him. When I first went into the cabin there was sea-water on the floor which had covered the body as the ship rolled. I asked prisoner to come in and shut the porthole; he said, "I am afraid to come in." I told him to fetch a port key; he moved away from the door and came back and said, "My port key not got." I told him to get one from somewhere.
He went away and fetched me one. In the same room as the four ladies' baths there is another bath for the use of ayahs; in this there is a sink; prisoner sometimes kept his port key in that bathroom. He was accustomed to wash his clothes in one of the baths, hanging them to dry on one of the hot-water pipes. When he came into my cabin on this morning he had on a dark pair of trousers and a jumper. All the time he was in my presence nothing happened to cause his trousers to get wet. None of Miss Brewster's possessions were missing, except her nightdress. I last saw prisoner on the night of June 10 between nine and ten; he came to our cabin to say that he was going to bed. Brewster said to me, "Doesn't be look tired; I think he ought to have a drink," and she gave him 6d. to get some stout.
Cross-examined. Brewster often gave prisoner small sums. When she scolded him it was never for anything serious. Prisoner never associated much with the other people; he was quiet, sometimes sulky. Brewster was physically a strong woman, stronger than prisoner. Prisoner was the man chiefly in attendance on our cabin, but other servants came occasionally. It was 3 o'clock in the morning of the 11th when I woke; I fix the time because it had just struck six bells; I just glanced up and saw Brewster and dozed off again; I did not see her leave the cabin. When prisoner called me at 5.30 I noticed nothing unusual in his manner or voice. When I lifted the mattress and found the body I got bloodstains on my clothes. It would have been impossible for prisoner to see the body unless he had lifted the mattress.
Re-examined. I got bloodstains on my sleeve and the bottom of my nightdress; that was as I bent over the body to lift it up.
BERNARD BLYTHMAN , purser on the China. Prisoner was berthed in the forward part of the orlop deck, in the peak. The card Exhibit 3, was given to me by Miss Brewster on June 9; in consequence of that I gave her permission to sleep in cabin 114 when she chose. The card refers to some misconduct by Brewster with "Williams" in the "Government" cabin. This was a set of cabins fitted into for the Governor of Victoria and his party on this voyage. It was looked after by Brewster and a man named Williamson; there was no Williams on board. On June 11, about 5.45 a.m., I was called by Shool-bridge, a steward, and I immediately went to cabin 114. The porthole was open, which was against the rules and very dangerous at that time. From the water on the cabin floor I should say the porthole had been open about half an hour at the outside. While I was there the doctor came in; I handed him a small piece of bone which I picked up from the floor. I afterwards made enquiries as to the death and took statements from eight people, including the prisoner. I used to speak to prisoner in a species of Hindustani; he always told me he did not understand English. On June 11 I had a conversation with him through the interpretation of Mr. Rabello, who has been in the company's employ 28 years; he interpreted in Goanese. In the course of the interview I told prisoner that Potter had said that he (prisoner) was getting a drink of water at ten past three that morning; prisoner
said, in English, "Oh, no, it was half-past eleven." I wrote down the whole of prisoner's statement; it was read to him and he attached his mark to it.
Daring the absence of the jury argument was heard as to the admissibility of the statement made by the prisoner to Sergeant Mitchell (for which see his evidence).
Mr. Roome submitted that the operating motive in prisoner's mind appeared on the face of the statement to have been some hope of obtaining a pardon, and, if the statement was assumed to amount to a confession, it was inadmissible. (Cited R. v. Dingley, 1 C. & K., 637; R. v. Blackburn, 6 Cox, 333.) Further, prisoner was not previously cautioned that what he said might be used in evidence Against him.
Mr. Justice Avory said that at this stage he could see nothing that would justify him in excluding the statement. There was nothing on the depositions to show that any hope of pardon was held out to the prisoner, which was the only ground upon which the statement could be excluded.
BERNARD BLYTHMAN (examination resumed). Prisoner's statement, which I took down, was: "I slept on No. 1 hatch from 10 p.m. till five a.m. I got up between half past 11 and 12 as I could not get to sleep, it was too hot; and I went for a drink of waiter to the water locker amidships. I did not get up again till 5 a.m. I changed my trousers at 7.30." Prisoner gave me his name as Reuben Almeida. There would be nothing improper in prisoner sleeping on No. 1 hatch; that is on the spar deck; there is drinking water available for the crew in the washhouse there, about four yards from where prisoner says he was sleeping; the looker amidships where he went to get water is 85 yards from No. 1 hatch. In the evening of June 11, I had a further conversation with prisoner. I showed him certain Articles that had been found in his seachest, including Exhibits 9 to 10, pieces of a blotting pad, (Exhibit 11), an envelope addressed to "Mr. Jacob Baretto, Government Central Press, Fort, Bombay, Examiners' Department," and (Exhibit 12), a plain envelope. I asked prisoner whether these were his property; he said they were; that 9 and 10 were parts of a blotting-pad that had been used by a passenger and thrown away; 11 and 12 were two envelopes given to him by Baretto in Bombay 10 months previously. He told me he could not write in English or any other language. (Witness held up Exhibits 9 and 10 and pointed out to the jury that the writing visible through the blotting paper was the impression of the actual writing on Exhibit 11). Prisoner persisting that he could not write English, I asked how be communicated with his wife; he said his letters were written by the pantry boy who looked after the chief steward's cabin. I sent for the boy (Fernandez), and in (prisoner's presence he denied ever having written any letter for prisoner. The letter produced (Exhibit 20) is signed "F. Carlos Godinho"; the envelope (Exhibit 21) is addressed "Mr. Jacob Baretto, Hospital Lane, No. 2, Mazaghan, Bombay, India." The greater portion of the wording of Exhibit 20 is clearly traceable through the blotting paper (Exhibit 10). The dungaree trousers (Exhibit 7) are the sort of things prisoner would wear; when I saw him just before six a.m. on June 11 he was wearing similar trousers. I should say that trousers of that material, if wet with sea water at a quarter to six that morning would
be dry by half-past seven, if the man kept them on. When I saw prisoner his trousers were dry. I produce the certificate of registration of the China; she is a British ship. After taking the statements of prisoner and others on June 11, I caused prisoner to be put in detention, and he was so kept until the police came on board on July 1 at Plymouth. I caused cabin 114 to be sealed, and it so remained until it was unsealed by Inspector Bower on July 1.
Cross-examined. I have known prisoner about eight months. Long before this occurred he had given me to understand that he could not speak English. He has been with the P. and O. 12 years. From five to five thirty a.m. it would be his duty to scrub out the saloon. I noticed no bloodstains on prisoner's clothes when I saw him in the early morning. I have never myself seen him write.
ADELINO RABELLO , pantryman on the China. I understand Goanese. On June 11 I interpreted the questions and answers between Blythman and prisoner, and subsequently read over to prisoner in Goanese the statement as taken down by Blythman; prisoner made no objection to it as being incorrect; he said nothing.
WM. POTTER , steward on the China. I went on duty as night watchman at 11 p.m. on June 10. Shortly after three in the morning I was on the main deck amidships near the water locker where I saw prisoner drawing water. I asked him "What are you doing here at this time of the morning." (To the Court: I am sure I said "At this time of the morning.") He said he wanted to get some water. I said "Why don't you get the ice water "; he said it was just the same. He went away do the forward part of the ship on the starboard side; going that way he would have to pass cabin 114. I fix the time by the fact that I answered a bell at three o'clock and it was just after doing so that I saw prisoner. I have to keep an occurrence book; in that book there is an entry that I was called to a cabin about three o'clock that morning. That blook I handed to Vanner in the usual course at. 5 a.m. My note was made a few minutes after attending to the call. About 11.30 on the night of the 10th I was in the saloon and did not see prisoner at all.
Cross-examined. I did not make a note in the book of having seen prisoner; I did not think it necessary. I do not know that prisoner was accustomed to go to this locker in the morning; I had never seen him there before; it would not be unnatural for him, if he had been sleeping on the main hatch, to go amidships for water.
FRANCIS RITTO , another topaz on the China, said that at about 6 a.m. on June 11 prisoner asked him for a port key, and witness told prisoner to get one from witness's locker. He could not identify either of the keys produced.
JOHN R. VANNER , head waiter on the China. On June 11, at 10 a.m., I went to the ladies' bathroom adjoining cabin 114 and saw this pair of dungaree trousers (Exhibit 7) hanging on the hot-pipe; they were just on the point of getting properly dried; they were slightly damp. An hour would suffice to dry such clothes on the hot-pipe. I handed Exhibit 7 to Law; I noticed some dark stains on the left knee.
Later that day I found in prisoner's bunk another pair of trousers And a jumper and a singlet. On June 12 I took possession of a locked box that was underneath the prisoner's bunk; it contained exhibits 9,10, 11, and 12, also some pencils, pens, note paper and envelopes, and an ink bottle. I have to look after the port keys on the ship; prisoner had one in the ordinary course. On going to cabin 114 just after 6 on June 11, I found a port key lying in about four inches of water on the floor; I noticed no blood on it.
Cross-examined. There are altogether 12 port keys for the ship; there is nothing to identify any particular key. The trousers drying on the hot-pipe were quite apparent to anyone going into the room. (To the Court. My idea was that the trousers had been put in the bath and saturated with water and then put on the pipe to dry.)
ERNEST A. LAW , deck steward. I took Exhibit 7 from Vanner and kept them in my locker until I handed them to Inspector Bower. On the morning of the 12th I went into the ayahs' bathroom; there is a small sink there; the tap was left running and in the sink I found a port key.
JOHN G. WILLIAMSON , bedroom steward. I had charge of the "Government" cabin together with Miss Brewster. She showed me the card Exhibit 3. There was no steward on board named William or with a name resembling mine. There was never any impropriety between Miss Brewster and me.
JACOB BARETTO , proof examiner at the Government Central Press, the Fort, Bombay. I have known prisoner five or six years, as Reuben Godinho. I first met him in a club in Bombay. I always conversed with him in English and in Hindustani. Exhibits 20 and 21 are a letter written by prisoner to me and the envelope in which it came. I have seen prisoner write; Exhibits 3, 20, 21, 1, 11, are in his writing.
Cross-examined. I cannot say what it was that prisoner wrote in my presence.
WILLIAM HENRY WILLCOX , F.R.C.P., Senior Scientific Analyst to the Home Office. On July 5 I received from Sergeant Mitchell a number of articles now marked as exhibits and submitted them to tests for loodstains. The two port keys (found respectively in cabin 114 and in the ayahs' bathroom) had rust on them, but no blood. On Exhibit 7 there was a stain 2 in. by 1 3/4 in. on the left leg just above the level of the knee; seven other stains on the same leg and one on the right leg. These were stains of mammalian blood; I did not test for human blood, as the quantum of stain was insufficient for that test. Most of the stains were small round spots, as if produced from splashes; the first I mentioned was probably a smear from contact with a bloodstained object. On July 8 I examined cabin 114 on the China at Tilbury. The walls and ceiling were covered with hundreds of small spot or splashes of blood and in two places there were large patches of blood.
It is impossible to fix the age of a bloodstain, but I should say these were a few weeks' old when I examined them.
Cross-examined. From the many splashes of blood in the cabin I should say that when this lady was struck the blood spurted upwards, and whoever inflicted the blows would have spots of blood on the upper part of his clothing, on his face and hands. The highest stain on Exhibit 7 is just by the hip.
(Thursday, September 7.)
PETER JOHN KEOGH , M.B., B. Ch., etc. I was surgeon on the China on this voyage. On the morning of June 11, just before six, I was called to cabin 114. I there saw Miss Crutchley supporting the dead body of Miss Brewster. Prisoner was outside, but did not enter the cabin. While I was there one large sea came in through the porthole, but it did not reach prisoner. The cause of Brewster's death was shock consequent on injuries to the skull. There were two separate wounds on the scalp, one 3/4 in. long in front of the right ear, another 2 in. to 2 1/4 in. square above and posterior to the right ear. There was an area of about 3/4 in. of brain exposed and shattered. Part of the bone originally covering this area was missing; Blythman picked up the piece from the floor and handed it to me. These wounds could have been inflicted by a port key such as those produced. (Witness described a number of minor wounds, probably finger-nail scratches, which he found on the body.) I examined (only externally) for any signs of sexual outrage, and found none. Brewster was a very powerfully-built woman, 5 ft. 2 in. to 5 ft. 4 in. tall, weighing 11 st. to 13 st., On the rack immediately underneath the porthole there was a great deal of fresh blood, and on the cording of the rack a quantity of brain matter; running down in a big stream from the rack to the cabin floor there was a good deal of blood. In my opinion, at the time deceased received the blows she was lying on her left side, possibly on the left arm. I think there was some attempt made (after death) to raise the body into a sitting posture underneath the port hole. It would be possible, although extremely difficult, for the body to be pushed through the porthole. I formed the opinion that at the time I saw the body Brewster had been dead for half an hour ait the least to three hours at the most, the probabilities pointing to about two hours. The injuries could not have been self-inflicted or have been the result of accident through, for instance, the ship rolling. I was with Dr. Willcox when he examined the articles exhibited and the cabin, and I agree with his evidence.
Cross-examined. Apart from rigor mortis there is no scientific method of determining the length of time a body has been dead. I saw this body at 13 minutes to six; rigor mortis had not then set in. Rigor mortis would set in (in the latitude in which the ship was) between four and ten hours after death. A great deal of force must have been used to inflict these wounds. They were consistent with having been caused by a hammer with a certain size of head. I did
not notice any blood stains on prisoner's clothes when I saw him that morning.
Re-examined. When I saw the body again between 8 and 8.30 that morning the early stages of rigor mortis had commenced.
Sergeant JOHN BOUSFIELD, Scotland Yard, formally proved photographs of the cabins.
Detective-sergeant ARTHUR MITCHELL, Scotland Yard. On July 5 I was in the passage outside Bow Street Police Court with prisoner, waiting for his case to come on. He made a statement to me; just as he finished speaking we were called in, and as he went into the dock I went to the other side of the court and made a note of what prisoner had said to me. Before prisoner made this statement we had had a general conversation, about his food and about the weather, but nothing further.
Mr. Roome formally removed his objection to the admissibility of this statement, on the ground that unless the words taken down were the very words used the statement must be excluded. He cited R. v. Sexton (M. S. Chetw., 1 Burn's Justice; quoted in 2 Russell on Crimes, 2205, in which Mr. Justice Best said: "I will receive nothing as a confession in writing that was not taken down from the mouth of the prisoner in his own words, nothing that he says that has any relation to the subject being omitted, nor anything added, except explanations of provincial expressions or terms of art. The reading this paper to the prisoner, and his acknowledgment that it was correct, does not remove the objection. By the change of language a very different complexion might be given to the story from what it had when it came from the mouth of the prisoner, and which he might not discover when it was read over to him. The lower orders of men have bat few words to convey their meaning, and they know as little of expres-sions that they are not in the habit of using as if they belonged to another language. I will not receive this paper in evidence." Counsel submitted that the reasoning of Mr. Justice Beet applied with even greater force in the case of a prisoner who was not an Englishman.
Mr. Justice Avory: In R. v. Sexton, the learned judge refused to receive the paper, the writing, as evidence. Here it is not proposed to put in the written note as evidence; I am asked to receive the evidence of this officer, who is entitled to refresh his memory by the document. I shall not exclude the evidence.
Examination continued. Prisoner said to me, "If I say it my faults will they pardon me? Is King George here? If I say it my faults and ask pardon will he relieve me? It his Coronation ten days ago, so perhaps he relieve me, or if he no pardon me will they put me in gaol or hang me up. It both our faults, we fighting." Prisoner knew that I was a police officer. I received from Vanner the articles referred to, and handed them to Dr. Willcox. In our conversations prisoner spoke in broken English; I understood him and he appeared to understand me.
Cross-examined. The passage I have read is all that I thought it necessary to take down of what he said during the four days I had him in custody. I have given his exact words, verbatim. He spoke quite distinctly. (Counsel put it to witness that what prisoner said was: "If I say it both our faults will they believe me? Where is King George? If I say it both our faults, we fighting—will he pardon me? It his Coronation time lately so perhaps he no lock me in prison. If I say
it my fault and he no pardon me will they hang me up?") Those are not the words. I heard what you read as distinctly as I heard the prisoner; he spoke more quietly than you. (The witness was then asked to write down from memory the words just put by Mr. Roome. He handed the following version: "If I say it both our faults will they believe me? Where is King George? It his Coronation time lately so perhaps he no put me in goal. If I say it both our faults and we fighting will they believe me?") I have taken down your words as well as I remember them. I made that note in long hand. The statement of prisoner I noted in shorthand; not as he was speaking, but in the court within two or three minutes.
Chief Inspector ELIAS BOWER, Scotland Yard. On July 1, with Sergeant Mitchell I boarded the China on her arrival at Plymouth, and we continued on board until arrival at Tilbury on July 4. On that day I arrested prisoner. He knew that I was a police officer, as I had seen him previously. I told him I should take him into custody for wilfully murdering Alice Emily Brewster on the early morning of June 11 on the high seas between Colombo and Aden. He replied, "I understand." The same charge was read to him at Bow Street; he made no reply. Between July 1 and 4 I had several conversations with prisoner. He first gave me his name as Reuben Almeida; afterwards he said, "My baptised name is not Almeida; that is the name I gave the ship when I was a shilling boy. I was baptised at Bombay about 10 years ago, and my Church name is "Godinho." I said, "Spell it"; he replied, "I cannot; I write it," and he then wrote on a piece of paper "Francisco Carlos Godinho"; that paper (Exhibit 1) he wrote in my presence. Looking at Exhibits 3, 20, and 11, my opinion is that they are in the same writing as Exhibit 1. I measured cabin 114; it is 9 ft. by 6 ft. 2 in.
Cross-examined. (Witness was directed to certain dissimilarities between letters on Exhibit 1 and letters on the other three exhibits; he expressed the view that while the latter were in prisoner's natural handwriting, that was not the case with the name on Exhibit 1.)
BEFORE THE RECORDER.
(Wednesday, September 6.)
JACQUES, Millicent (21, servant) pleaded guilty , of feloniously forging a notice of withdrawal of the sum of £10 from a deposit account in the Post Office Savings Bank, and of uttering that forged authority with intent to defraud.
Prisoner had been two years in a home in consequence of a theft committed in 1906. She had repeatedly been guilty of thefts from people in whose employ she had been.
Sentence, Six months' imprisonment.
IVANOVITCH, Alexander (52,), and FERGUSSON, Mary (35, actress) pleaded guilty , of stealing five pairs of stockings, the goods of Samuel Amos Worskett; stealing three pairs of socks, the goods of Hope Brothers, Limited; and stealing one hat, the goods of Charles Cuthbertson.
Ivanovitch confessed to a previous conviction of felony at the North London Sessions on April 21, 1903, when he was sentenced to 21 months' imprisonment. Fergusson confessed to a previous conviction of felony at this Court on July 24, 1905, in the name of " Annie Grant," when she received three years' penal servitude. As to Ivanovitch, a further conviction in England in 1902, and two convictions in Paris and Brussels respectively were proved. It, was stated that he was a Russian prince, but the title was of no value. It was started that since Fergusson's release in 1907 she had associated with a well-known bank thief. At the time of her conviction she was wanted in America, having been convicted for shop lifting, and absconded from her bail; extradition had not been demanded; she was known there as a professional shop lifter, and went under the name of "Annie Grant." It was urged on her behalf that awing to her husband's ill-health she had been forced into crime. It was stated that both prisoners were expert shoplifters, all their convictions being for this class of offence.
Sentence: Each prisoner Five years' penal servitude; each recommended for expulsion under the Aliens Act; Ivanovitch to pay the costs of the prosecution.
Mr. Wing prosecuted; Mr. Lynch defended.
EDWARD TROTT , carman to James Garwood, 51, Randell Street, Tidal Basin. On August 9 I was driving a van in which were three kegs of oil to the Docks, I was accompanied by Mr. Garwood, prisoner, and his son. On reaching Sparrow Court, about 200 strikers stopped the van. A shot was fired from behind me over my left shoulder.
Cross-examined. We were taking the oil to a ship that was waiting to said. Prisoner had asked for a police escort, but the men could not be spared. The strikers turned the van right round; they threatened to throw glasses at us, and I heard shouts of "Out him!" and "Turn it over;" and, when I was at the horses' head, "Limb him." The van was eventually turned over, and the oil was stolen. Before the shot was fired I heard prisoner say "Let the horse's head go"; I did not hear him say anything about firing.
Re-examined. The van was overturned after the shot was fired, bat the threats came before.
ALFRED JOHN OSWALD , labourer, 60, Eric Street, Mile End. At about 3 p.m. on August 9 I was standing at the corner of Sparrow Court when I saw a van come along driven by Trott, some men took hold of the horse's head and stopped it. Roberts leaned down over the front of the van and I saw a flash; I saw afterwards he had a revolver in his hand. There might have been eight holding the horse's head, which they turned towards the pavement.
Cross-examined. It was a very disorderly and threatening crowd. Prisoner pointed the revolver at the men who held the horse—towards the lower part. I was not a striker. (To the jury.) The horse's head was turned towards the pavement when the shot was fired.
WILLIAM BUTLER , clerk, 49, Manor Road, West Ham. About 3.30 p.m. on August 9 I was standing by Sparrow Court when I saw a van stopped by strikers; one of the men who came from the public-house, caught hold of the horse, and prisoner tried to shoot him. He fired, and I felt a pain in my leg. I went to the police station, where I was attended to. I am quite all right now.
Cross-examined. Pirisoner was facing me when he fired; he did not intend to shoot at me.
The Jury here stopped the case and returned a verdict of Not Guilty.
SMITH, John (22, seaman) pleaded guilty , of obtaining by false pretences from the London and North-Western Railway Company, two railway tickets with intent to defraud; obtaining from the Midland Railway Company with intent to defraud; stealing one portmanteau, two jackets, and other articles, and £8, the goods and moneys of James Brown.
Prisoner confessed to a previous conviction of felony at the Ports-mouth Quarter Sessions on October 6, 1910, for which he was sentenced to 12 months' hard labour. A number of convictions were proved dating from 1904, amongst which was a conviction for felony in February, 1907, for which he was sentenced to three years' penal servitude. He joined the Navy in 1909 and was discharged in the same year; he had also been in the Army on various occasions, but had deserted each time. When out of prison he led a life of crime.
Sentence, Three years' penal servitude.
SPURDEN, Frederick (28, boiler maker), and CARROLL. William (38, carman) pleaded guilty , of breaking and entering a place of Divine worship, to wit, St. James's Church, where and stealing therein two safes containing Communion plate and other articles, the property of Thomas Mayes Lewin and another, Churchwardens of the said church.
Spurden confessed to a previous conviction of felony at the South London Sesions on September 23, 1908, and a number of convictions dating from 1898 were proved. A former conviction in 1907 was proved against Carroll.
Sentences: Spurden, 20 months' hard labour; Carroll, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, September 6.)
He was released on his own recognisances and those of his mother in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 6.)
Mr. Salkeld Green prosecuted.
NATHANIEL NELSON , 27, Watergate Street, Bermondsey, labourer. Prisoner is my deceased brother's widow and has been living with me for some time past. We have had four children. Alfred is three and a half years of age. On July 25 I was in "Heart of Oak" public house. Prisoner came to the door with the child. She asked me if I had anything for the child. I said, "Yes." I have it in my pocket, "meaning the money which the child gets the benefit of. I did not say anything more. I left the public-house and went towards Creek Road. The mother with the child followed me. I went into a shop to get change for a florin, gave the child 1s. 6d. and told him to take it to his mother. I then walked towards the water-side where I kept a boat moored. Prisoner was still following with the child. She asked me to take the child with me. I stepped over some boats to get into my own boat so that she could not follow me any further. She picked the child up and attempted to get into the boat I got into. She put one hand on the boat's stern and put her other arm up. The result was the child fell into the water. I shouted to one of my lads, "Pull the child out of the water "; the mother is falling in as well. She wanted to get into the boat for the purpose of leaving the child with me. I said before the magistrate that prisoner took the child by the left arm and threw it into the river, and that I said to her, "That is where you ought to be." My story is different to-day. I was in drink at the time and I was advised by prisoner's enemies to do my utmost to send her to prison; but I find if she is sent to prison the children will be left, and I came to the conclusion if I told the truth the children will reap the benefit with the mother.
CHARLES HUTCHINGS , 90, Watergate Street, labourer. On July 25, at about 4.30 p.m., I was in the stern of a barge at Deptford Creek. Last witness walked down the foreshore and got into his boat which was on shore. Prisoner came down with a child and the boat went off. She went to throw the child into the boat and the child went into the
water. She said, "There he goes and now you can look after him." I picked the child up and last witness took him away.
Dr. BURNIE. I saw the child on July 25 about 5 p.m. He was suffering from the effects of immersion in the water and shock.
Detective-inspector WILLIAM BROWN, R Division. I saw prisoner at Watergate Street Police Station. I said to her, "I am a police officer and shall arrest you for attempting to murder your child by throwing it into the river." She said, "What am I to do. He (referring to the first witness, the man she lived with) has drove me to it. You know what sort of a man he is. He ought to be there too." She was afterwards charged with the attempted murder and said "Yes" in reply.
Cross-examined by prisoner. You said something about Nathaniel Nelson being always drunk and that he only came out of prison on June 29. (To the Judge.) He is an unmitigated scoundrel. He was perfectly sober at the time and when he gave evidence before the magistrate.
Verdict, Not guilty.
RICHARDSON, Bertha Lydia (35, housekeeper) , maliciously publishing certain defamatory libels of and concerning Herbert Rooke Oldfield, Martin Percy Oldfield, and Francis Rattray Bergh, practising as solicitors under the name and style of "Oldfields."
Mr. Huntly Jenkins prosecuted.
HERBERT ROOKE OLDFIELD , 13, Walbrook, E.C. In 1904 Mr. John Henry Jost was introduced to me by his bankers for the purpose of obtaining £275 on a house at 46, Bolingbroke Road, W. The interest was regularly paid up to his death in 1909. I know prisoner's handwriting. The postcard of July 5 beginning, "You dirty beasts to rob me," is in her handwriting; also Exhibits 2 to 6. My firm had nothing to do with the administration of Mr. Jost's estate.
Cross-examined by prisoner. I did not say at the Mansion House that the only transaction I had with you was taking your instructions to recover £25. We are not Mr. Jost's executors.
Mr. Huntly Jenkins asked for a ruling as to the line prisoner was taking in cross-examining on the correspondence.
Judge Lumley Smith. The only question for the jury will be whether or not these letters and post cards are libels.
Prisoner. They are not.
Judge Lumley Smith. It is for the jury to say whether they are or not. You have not pleaded any facts or justification.
Prisoner. I did not understand or I would have done so. I have proof that Oldfield's have a will in my favour and they have been suppressing it all this time; and it was to get the assistance of the Court I wrote these cards.
Judge Lumley Smith. You cannot go into the question of whether these cards are libels.
Prisoner. Am I not allowed to give any defence?
Judge Lumley Smith. The only possible defence is to say that it is not your writing. That you have not set up. You can tell the jury that they are not libels.
Prisoner. They are not libels.
Cross-examination continued. The interview referred to in the letter you have just read was in connection with the instruction received from Mr. Jost's son to oppose letters of administration being granted to the widow. There was no question of any will at all. There were some cancelled wills, as you know. Mr. Jost died absolutely insolvent. Letters of administration were granted to the widow. We did not act for her.
Prisoner was released on her own recognisances in £20 to come up for judgment if called upon; she undertaking not to libel Messrs. Oldfields again.
FITZGERALD, Edward (43, clerk), who pleaded guilty last Sessions that he, being servant to Eli Marshall, unlawfully with intent to defraud, did omit and concur in omitting certain material particulars from a certain book and make false entries in a certain account and a certain book belonging to his said employers, was brought up for sentence.
Sentence, Three months' imprisonment, second division.
[Note.—The indictment to which prisoner pleaded is as stated above; the report at page 414 is inaccurate.]
Sentence, Six weeks' hard labour.
Prisoner was released on her own recognizances in £5 to come up for judgment if called upon.
HEIL, Louis (39, musician) pleaded guilty of maliciously publishing a certain obscene and defamatory libel of and concerning Lucy Heil; unlawfully sending Lucy Heil a postal packet enclosing a certain obscene article, to wit, a letter.
Prisoner was released on his own recognizances in £5 to come up for judgment if called upon.
Sentence, Three weeks' imprisonment, second division.
COLEMAN, Joseph (37, labourer) obtaining by false pretences from Arthur George Fryer two butts of leather, the goods of Frank Herbert Hall; feloniously uttering, knowing the same to be forged, a certain order for the delivery of two butts of leather, with intent to defraud; obtaining by false pretences from Arthur George Fryer two butts of leather, the goods of Frank Herbert Hall .
Mr. Stanley R. Crawford prosecuted.
A. G. FRYER, assistant to Messrs. Hall and Co., leather merchants, Deptford. On August 3, about 12.30, prisoner came in and said he wanted some leather for Mr. Turnham, of Florence Road, New Cross, who is a customer of ours. He handed me this note: "Mr. H. H. Hall,—Please send by bearer two Sharland butts of leather, and cut them down the centre, and oblige Mr. Turnham, Florence Road." I gave him the butts cut down the centre and he took them away. Their value is £4 19s.
C. H. TURNHAM, bootmaker, 12, Florence Road, Deptford. I did not write the order or give anyone authority to order leather from Messrs. Hall in August; I do not know the prisoner.
Previous convictions were proved.
Sentence, Eighteen months' hard labour.
BEFORE MR. JUSTICE AVORY.
(September 7 and 8.)
EDWARDS, John (45, medical practitioner) pleaded guilty , of unlawfully, knowingly, and falsely signing a certain false declaration upon an application for a passport by one Reuben George Rittman, which declaration was calculated to deceive His Majesty's Principal Secretary of State for Foreign Affairs and others, and to endanger the friendly relations then existing between the liege subjects of Our Lord the King, and the liege subjects of His Imperial Majesty the Russian Emperor and to produce other great public mischief, as he the said John Edwards well knew when he so signed the said declaration.
Mr. Bodkin and Mr. Graham-Campbell prosecuted.
Mr. Bodkin said that the defendant, a licentiate of the Society of Apothecaries, who was acting as locum tenens for a doctor in South London, signed a declaration which stated that he could from his personal knowledge of him vouch Rittman as a fit and proper person to receive a passport. There was no suggestion that defendant had any knowledge of the character of Rittman, but in fact the man had subsequently been arrested at Berne as a pickpocket; this passport being found upon him, the present prosecution was instituted. Defendant was charged with making a declaration which was false to his knowledge, and calculated to deceive a public department of the State or the officials thereof. This was a common law misdemeanour. (R. v. Brailsford, 1905, 2 K.B., 730; 21 Cox, 16; 75 L.J., K.B., 64.).
Defendant said that while he was acting as locum tenens for a Dr. Birrell in Camberwell, Rittman called and asked him to sign a certificate. He assumed that Rittman was a patient of Dr. Birrell, and treated the document as an ordinary certificate, such as medical men were constantly requested to sign. Without any intention to deceive, and having no idea that he was doing anything illegal, he signed he form presented to him. He admitted that he had been guilty of great carelessness, and threw himself upon the mercy of the Court.
Mr. Justice Avory said there could be no question that defendant's conduct in signing the false declaration whereby a man who turned out to be a common thief was enabled to obtain from the Secretary of State a passport was a serious offence against the law, because it affected the comity of nations, and might disturb the relations between this and foreign countries. There seemed, however, no reason to suppose that defendant was actuated by any hope or promise of reward of any kind in doing what he did, or that he was actuated by anything else than a desire to oblige a man he thought was a patient or whose relatives might be patients of the doctor he was acting for. He must pay a fine of £25, and, be imprisoned until that sum was paid.
BEFORE THE RECORDER.
(Thursday, September 7.)
It was stated that prisoner after passing through the form of marriage with, Mrs. Pusey (a widow), had lived with her as a lodger, and had not cohabited with her. He had allowed his wife 16s. a. week.
Sentence, Three days' imprisonment.
WALKER, Richard (38, carpenter) pleaded guilty , of forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a request for the payment of 7s., with intent to defraud; obtaining by false pretences from Frederick Albert Robbins 7s., with intent to defraud; forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a request for the payment of 8s., with intent to defraud; obtaining by false pretences from John Norris 20s., with intent to defraud; forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a request for the payment of 12s., with intent to defraud; obtaining by false pretences from Ellen Jane Stenning 12s., with intent to defraud.
Prisoner had been in the employ of his brother, the prosecutor, since he had left school, and up to last June had given every statisfaction.
His downfall was attributed to his association with a woman of notoriously bad character.
Sentence, Four months' imprisonment, second division.
Prisoner had contracted his first marriage when only 17 1/2 years of age. Having got Miss Hoskins into trouble he married her.
Sentence, Three days' imprisonment.
Prisoner pleaded guilty of unlawfully wounding, this plea being accepted by the prosecutor.
Prosecutor, a man of intemperate habits, had been a repeated source of annoyance to prisoner who, in order to deter him coming to his public-house again, fired a pistol at him in the belief that it was blank shot. The medical evidence showed that prosecutor, had it not been for his intemperate habits, should have completely recovered by this time.
Prosecutor, alleged, however, that he had lost the use of his right hand, and through his solicitor had claimed £200 damages. Prisoner, who received an excellent character, had lost his licence.
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
Prisoner on a summons for unlawfully using premises for betting purposes, had at the police court made, on oath, serious allegations against the police, which, on the advice of his solicitor, he afterwards withdrew. This class of perjury being now so common, Mr. Bodkin stated the Commissioner had deemed it advisable to take the unusual course of prosecuting a prisoner who had been guilty of perjury while giving evidence on his own behalf, but did not wish to press the case. Prisoner suffered from locomotor ataxy, which had been aggravated by his arrest;.
The Recorder, in sentencing prisoner to three days imprisonment, stated that he hoped it would be clearly understood by other persons who were likely to be prosecuted for keeping betting houses, and who contemplated making false statements upon oath, that they would not be as leniently dealt with, the reason for his clemency in this case being the exceptional circumstances.
Sentence, Three days' imprisonment.
Prisoner having given a written undertaking not to repeat the offence, was released on her own recognisances in £10 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
((Thursday, September 7.)
ORAM, John (otherwise Charles Watson) (42, clerk), pleaded guilty of obtaining by false pretences from John Minto £1, from William Elliott £2, and from Charles Lowton £2, in each case with intent to defraud.
Prisoner confessed to having been convicted at Westminster on August 6, 1904, receiving three terms of five years' penal servitude, for Stealing goods by means of a trick. Two other convictions were proved. Prisoner was stated to have been guilty of a large number of frauds which he desired should be taken into account in the sentence. He was stated to have been working honestly in Canada for two years since his last conviction.
Sentence, 18 months' hard labour.
MASON, John (34, agent), and BISHOP, Frederick Arthur (31, newsvendor) , both feloniously possessing two moulds in and upon which was impressed the obverse and reverse sides of a florin; both feloniously making counterfeit coin.
Mr. J. St. John McDonald prosecuted.
Sergeant JAMES LAING, T Division. On July 20 at 3.15 I, with other officers, entered the first floor front room at 1, Hermes Street, Penton-ville Road. I saw Mason standing in front of the fire with his coat off and Bishop by a table also with his coat off. On the fire was a ladle containing hot molten metal. I said, "We are police officers and have reason to believe you are making bad money here." Neither of the prisoners replied. I made a search and found in the oven a mould for making florins of 1908; in a drawer spoon with metal adhering to it, bags of plaster of paris and silver sand, square piece of glass, file, copper wire, two metal measures, a square tin with metal adhering to it, and an unfinished florin. I placed these articles before the prisoners. Bishop said, pointing to the plaster of paris, "I have been using that to stop up mouse holes." Mason said, "How much do you pay your knower--2s. a week? I should like to be behind you when he was telling you the tale." I said they would be taken to the police station and charged with being in possession of implements for making bad money. When charged Mason said, "This is the first time we have been dabbling in this; we were experimenting." I, with Sergeant Butt, made a further search in the house and found in a cupboard another mould which is broken and evidently worn out by use; also two pieces of metal, being the gaets removed from coin.
Sergeant JAMES BUTT, G Division corroborated.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. All the articles produced are used by coiners except the two measures. The unfinished florin has been cast in the newer mould (produced); the gaet is adhering to it. The metal in the ladle is that used for making the coin produced.
(Friday, September 8.)
ALICE MAUD CROSS , 1, Hermes Street, Pentonville Road, wife of prisoner Bishop (called by Mason), stated that on the day of the arrest her husband sent her out for a walk from 10 a.m. to 1 p.m., that Mason had entered the room at 2.20 or 2.30 p.m., and had never been seen there before.
BISHOP (not on oath) confirmed that statement and added that he was in great distress at the time.
Eight convictions were proved against Mason, commencing in 1897, including 12, 12, 20, 12, 6, and 12 months for larceny, etc., and one coinage conviction of 12 months. Against Bishop eight convictions were proved, including on April 26, 1910, 12 months for uttering.
Sentence (each), Seven years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 7.)
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
MOTE, Victor Howard (19, salesman) pleaded guilty, of forging an order for the payment of money, to wit, a banker's cheque for £14 5s. 6d., with intent to defraud; obtaining by false pretences from Kate Greenfield seven blouses, the goods of Henry Arding, with intent to defraud.
Sentence was postponed to next Session.
ALDHAM, William (30, butler) , carnally knowing Lydia Williams, a girl under the age of 16 years and over the age of 13 years, he not then having reasonable cause to believe that the said L. Williams was above the age of 16 years.
Mr. Clarke Hall prosecuted; Mr. Lister Drummond defended.
Verdict, Not guilty.
Sentence (each), One month's hard labour.
SAUNDERS, Albert Edward (22, carpenter), and HOGG, Alexander George (17, plumber) pleaded guilty , of stealing one bicycle, the goods of Augustus Leonard Baldwin ; Saunders stealing one bicycle, the goods of Percy Frederick Padbury .
Saunders confessed to a previous conviction.
Sentence (each), Four months' hard labour.
Two previous convictions were proved.
Sentence, 12 months' hard labour.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
Sentence, Four months' hard labour.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
DAVIS, George (43, porter) , being found by night, having in his possession, without lawful excuse, certain implements of house-breaking, to with, one chisel, one screwdriver, and one piece of steel; breaking and entering the shop of Francis Preston and stealing therein two boots, his goods.
Mr. C. F. Gubbings prosecuted.
Police-constable ERNEST POWELL, 323 C. On the night of July 29 I was on duty in Bishopsgate Street, standing directly opposite Middlesex Street. At 1.25 a.m. I saw prisoner break the window of No. 208, Bishopsgate Street, with this piece of granite wrapped up in canvas, which was found in the shop. He ran away. I followed and caught him in Middlesex Street. In his handwere these two boots. I did not lose sight of him. There was no one else in sight. They are two odd boots and there were 11 other boots on the footway.
Cross-examined by prisoner. When this affair took place I was not at Liverpool Street. I said I saw you break the window. The boots were in your hand when I arrested you.
Police-constable 34 C. At 1.30 a.m. on July 29 I was in Bishopsgate Street and heard a smash of glass. I went in the direction of the sound and found a large hole in the front of the window. Prisoner was in custody of last witness. The window had been broken by a stone wrapped up in canvasand 11 boots were on the footway immediately under the aperture. I took the boots to the station and left an officer in charge of the window. I was present at the station when prisoner wassearched. These tools were found upon him. I did not see prisoner walk past the window.
To prisoner. I was near the police-station on the same side towards Liverpool Street. I saw somebody else near the premises when I arrived; that was an officer coming in the opposite direction. There was not one other person.
GEORGE DAVIS (prisoner, on oath). I submit that this is a case of mistaken identity. The statement of the first witness is nothing bat a tissue of falsehoods from beginning to end. I am informed when this affair happened that the first witness was at the corner of Liverpool Street. That being so I fail to see how he could see me or anybody else in Middlesex Street. Theaffair as far as I am aware is this. Shortly after one o'clock on July 29 I was going to Liverpool Street from Shoreditch, where I had been to a place of amusement. When I was at the corner of Brushfield Street I heard some glass fall and when I ran into Middlesex Street I saw a man, who was a perfect stranger to me, with about a dozen pairs of boots under his arm. I then heard cries of "Stop him" andran after him. When he saw I was chasing him he dropped the property and ran towards White's Row. The constable then appeared and arrested me. I protested that he had made a greatmistake. As regards these so-called housebreaking implements I hope to be able to call two witnesses to prove that they are not what they are alleged to be. I contend that they are simply cabinet-maker'stools and they are the property of Mr. Chandler, a cabinet manufacturer, whose foreman put them in my pocket.
Numerous convictions were proved.
Sentence, 14 months' hard labour.
with another neighbour and her child. When I got there I saw prisoner; he looks at me and said something. I walks off and don't say anything. I go to the Common with the children and don't come back till between seven and eight. I put the children to bed at nine o'clock and went up Wandsworth Road again. He comes after me again and struck at me. I hit him back. I took no notice. At 12 I was standing talking to two or three outside the "Nottingham Castle" public-house; he comes behind me, hits me on the shoulder, and says, "Now I have done it," and ran away. I bled; I found I was stabbed.
Cross-examined by prisoner. I first saw you in Wandsworth Road. I was still outside the pub. I next saw you outside the "Bellevue" public-house on Clapham Common. I was drinking with a man named Keeble, with a boy whom you know. The next time I saw you I was in company of my landladyand the other woman's husband. I do not know if the man was there; it did not trouble me. You have threatened me often.
Police-constable ERNEST DENFIELD, 278 W. I took prisoner into custody on August 8. When charged he said, "I am sorry I did not do the old cow in." The wife was perfectly sober. She had got a very bad wound on the collar-bone. This knife was grasped in prisoner's left hand. It was closed.
To prisoner. I first saw the knife at the station. I could not say how you carried it to the station. When you was searched you had it in your left hand.
Dr. SILVER. I examined prisoner's wife. I found a clean cut wound at the back of the left shoudler. It had penetrated down the shoulder blade about half an inch; then the knife hit the bone. If it had missed the bone it would have gone to the lung. This knife might have caused the wound.
H. A. L. MOTT (prisoner, not on oath). I was mad in drink, which I have been in drink practically speaking for months. 'Previous to doing this I was mad with drink, got locked up, sentenced to three weeks in Wandsworth Prison, and I have been under observation all the time. Practically speaking I am not in my right mind when I am in drink. When I am all right I workhard. It is through this separation my wife has got against me which deprives me of my home and children. I am sorry to tell you I have been locked up several times since the separation. All I havegot to do now is to go out and get 6d. for my night's lodging and the rest goes in drink. I cannot go to sleep without my drink as the wife and children are in my eyes. Directly it is daylight in themorning I go into the public house. I hope you will deal with me fairly, honestly, and justly.
Verdict, Guilty of unlawfully wounding.
Sentence, 15 months' hard labour.
BEFORE MR. JUSTICE AVORY.
(Friday, September 8.)
Sentence, Six months' hard labour.
Mr. Tully-Christie prosecuted.
Prisoner pleaded guilty of causing grievous bodily harm to Rose Schechter, which plea was accepted by the prosecution.
Sentence, Three years' penal servitude; recommended for expulsion under the Aliens Act.
Mr. Muir and Mr. Leycester prosecuted; Mr. H. T. L. Roberta defended.
The charge of murder was tried.
Mrs. JESSIE HANWELL, Bolton Road, Pinner. Prisoner lived a few doors from me with her husband and two children; one was a boy, Tom, aged eight years; the other a baby, Kathleen, aged two years and nine months. On August 10 I called at her house about 1 p.m. and saw prisoner; as she seemed tired and complained of pain at the top of her head I advised her to have an hour's rest in the afternoon. She had been complaining of pains in her head since Easter. Just before six prisoner's husband came to me and asked if I had any smelling salts, as his wife was ill, and I gave him some sal volatile. Shortly afterwards I went to their house and found prisoner lying on the bed unconscious; in another room I saw the baby Kathleen lying dead. Dr. Huston came, and artificial respiration was tried upon the baby without success. I know prisoner's writing; Exhibit 3 is in her handwriting. This was as follows: "This is the end. I am unable to bear more. Tom (the littleboy) I must leave—he will forget. My Kathleen must go with me. Had you shown one spark of love for the kiddies or me last night this would not have been. As I write I realise what a mistake it has all been. I can struggle no more.—Your Broken-hearted Wife."
Cross-examined. Prisoner had complained to me for several days before this about her head. On this day she seemed very tired and had a strained look about the eyes.
EDWARD ROBINS , Bolton Road. On August 10 about 5.45 p.m. prisoner (who lived next door to me) called out to me and I went into her house into the scullery. I noticed a smell of gas. Prisoner and Kathleen were lying unconscious on the grass in the garden.
carried Kathleen upstairs and I and Mr. Price tried artificial respiration, but without success.
MARSHALL PHILLIP HUSTON , M.D., Wealdstone. About ten to six on the evening of August 10 I was called to prisoner's house. As I went in I noticed a smell of coal gas. Upstairs I found the girl Kathleen in her cot unconscious; her cheeks and lips were of a cherry red colour; she had a black mark and a bruise over the right eyebrow as if she had fallen againstsomething. The symptoms were consistent with coal-gas poisoning. I tried to get her back to consciousness but without success. I went into the scullery and noticed a very strong smell of gas there, although at thattime the doors and windows had been opened.
HENRY R. HARLEY , M.D., Wealdstone, divisional surgeon. I have attended prisoner for about four years. On August 10 about 6.30 p.m. I went to her house and saw her; she was then partially con-scious; she was recovering from the effects of coal-gas poisoning. I saw also the body of Kathleen, and assisted at the efforts to restore consciousness, which wereunavailing. I subsequently made a postmortem examination of the body, which confirmed my opinion thai she died from coal-gas poisoning. I had a conversation with prisoner and her husband and then went into the scullery. There I noticed a strong smell of gas, more than in the rest of the house. As I was leaving the house I noticed in the hall a slate to which was attached a tradesman's bill with writing on*it (Exhibit 3). On August 14 I had a conversation with prisoner as to what took place on the 10th. She said, "You know, doctor, how fond I was of my children; I do not know why I did it." She went on tosay that she put seven pennies in the meter as she thought that would be enough to do it.
Cross-examined. During the four years I attended prisoner she appeared to be perfectly happy in her home; she and her husband were devoted to each other and fond of their children Prisoner did not quite recover from the gas poisoning for about 24 hours. She was in a very dazed condition; she didnot seem to realise what she had done; she complained of pain on the top of her head. I came to the conclusion that she was not responsible for her actions. She did not shed a tear until four days afterthe occurrence, and showed no concern as to her child. Such a change in a formerly affectionate mother is a strong indication of insanity.
Re-examined. I think the mental state to which I refer was not consequent upon the coal-gas poisoning, but existed before. She had been complaining of the pain in her head and of the intense heat of August 9 and 10 (the two hottest days for the last seventy-four years); this was the probable cause of the temporary insanity.
Detective-inspector THOMAS DAVIS, X division. On August 17 I went to prisoner's house with a warrant. After cautioning her, I read the warrant; she made no reply. Later on she said, "It must have been the heat." At the police-station, when formally charged, she said, "Cannot you keep my little boy out of it: he is not yet nine years old and he knows nothing aboutit; we do not want him to remember there was anything tragic; we want him to believe that
Kathie died a natural death." On August 11 I examined the gasstove in the scullery; it contains 60 small burners.
Cross-examined. When I arrested her prisoner seemed very strange and dazed and in a semi-comasose condition; her eyes had a peculiar, vacant expression; she did not seem to appreciatet the seriousness of the charge.
WILLIAM CHARLES SULLIVAN , medical officer at Holloway Prison. Prisoner has been under my observation since August 17. When I saw her on that day she was intellectually fairly clear; she gave a coherent account of her antecedents. During my observations her apathetic state was extremely marked; she showed an entire emotional insensibility. She was about 37 years old. She told me that her menstruation began relatively early, and described to me symptoms of approaching climacteric change; this is unusual before the age of 40, but is not unknown. She hadsuffered from insomnia and severe headaches. In my opinion she was on August 10 insane so as not to be responsible for her actions.
Cross-examined. While in prison she has been gradually recovering her sanity. The day before yesterday, on receiving a letter about her child's clothing, she cried for a time and said, "I begin to realise it." The writing on Exhibit 3 shows deliberation, but that is not inconsistent with certain forms of insanity. I agree with Dr. Harley that she must have been insane before being poisoned with coal gas.
Verdict, Guilty, but insane.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Elsley Zeitlyn prosecuted; Mr. A. S. Carr defended.
REUBEN FRANK ELWORTHY , brewer's drayman, 21, Rodwell Road, East Dulwich. On July 29, about 7.15 p.m. I was outside Barclay and Perkins' Brewery in Park Street, with my brother, Herbert Richard. Prisoner with some other men came along. I did not know prisoner, but my brother did. Prisoner said to my brother, "Why don't you go home to the wife and children?"My brother crossed the road to prisoner (I remaining where I was) and after they had walked a few yards together prisoner threw my brother; the stones were rather bad, and they fell together. Both got up, and prisoner struck my brother three blows in the face.; my brother fellbackwards and hit his head on an iron grating and became unconscious. I got him some brandy, and he rallied at once. Someone sent for the police; my brother refused to charge prisoner. My brother was taken to Guy's Hospital; I took him home from there about 11.45. I saw him the next day; he was in bed, but conscious; as he got worse I sent for a doctor. I saw him again on the 31st; he was unconscious. On August 1 I saw him in Camberwell Infirmary. Both men were sober at the time of the quarrel.
Cross-examined. My brother was taller than prisoner. When the police came my brother said, "I won't give him in charge; it was only a friendly spar; I will have my own back another time." I took my brother home on a tram; as he was getting off the tram he fell down again; he did not hit his head that time.
WILLIAM J. C. LEACH , superintendent of Camberwell Infirmary. Elworthy was brought in at 9.40 p.m. on July 31. He was semiconscious and suffering from severe brain trouble; he became worse, and died at 6.35 p.m. on August 3. At the post-mortem, on removing the scalp, I found a contused bone and a fracture at the back of the skull. The cause of death was coma, from inflammation of the Brain, following fractured skull.
Cross-examined. The skull was remarkably thin—about half the usual thickness.
Detective-sergeant EDWARD WILDING, M Division. I arrested prisoner on August 3 at 9.15 p.m. He said, "I am sorry to hear he is dead; it was an accident; he fell on a grating; we worked together for years; we have been good friends; he struck me first."
Cross-examined. I believe prisoner is a man of good character.
Cross-examined. At that time the fracture may have existed without being noticeable.
FRANCIS GUINANE (prisoner, on oath). I have known Elworthy for two years; we have worked together and always been friends. On this night, seeing prisoner across the road, I sang out—just so as to attract his attention—" Why don't you go home to your wife and child?" I meant this as a mere jocular remark. He came over to me and said he would close my mouth. I said, "I'm sorry I spoke; the next time I speak to you it will do yougood." He struck me on the chest, and said, "If you are man enough, come out here." He rushed at me in a fighting attitude, and ofcourse I hit him as he was coming for me; he fell and struck his head on a grating. When the policeman came Elworthy said, "It's all right; it was only a friendly spar."
Verdict, Not guilty.
Mr. Gerald F. Carter prosecuted; Mr. Stephen Lynch defended.
CHARLES A. MCGILL , employed at Cory's, coal merchants, Charlton. On August 18 I went with Williams into the "Waterman's Arms" about 10 p.m. Searle was inside; he was under the influence of drink. About a quarter to 11 I saw prisoner at the counter. He left about 11.30. Just after 12 I, Williams, Dobbs, and Searle left. Prisoner was waiting outside; he walked towards Searle, and said, "You are the man I want to see." He took off his coat and made a blow at Searle. Williams and I got hold of prisoner, and pointed out that Searle was drunk and not fit to fight. Prisoner said to me, "Let go, Charlie"; I let go, and Williams led him down the lane. Prisoner returned and struck Searle a blow; Searle fell, striking the back of his head on the road; prisoner ran away. Williams and I took Searle home; he was bleeding from the back of the head and the right ear. I did not see Searle strike prisoner.
Cross-examined. At this time there Was talk of a strike at Cory's; prisoner and some 30 other workmen who were Navy men determined to work, notwithstanding the strike; prisoner, before there had been a meeting of the men, went to Cory's and told them that the Navy men would remain loyal to the firm; his doing that without authority caused some ill-feeling. Searle wasa Union man. About 11 Searle left the house for a few minutes; he came back with Dobbs, not with prisoner. I did not see Searle produce a union ticket and say, "That long bastard has not got a thinglike this." I did not hear anyone urging Searle to go for prisoner. Prisoner Was quite sober. When we left the house Searle was absolutely drunk. I did not see a policeman come up on his bicycle beforeprisoner was led down the lane. It was about 12 yards up the lane that the fatal blow was struck. Prisoner and I have always been on friendly terms.
FRANCIS A. WILLIAMS (after confirming the early part of McGill's story). After McGill let go of prisoner I and prisoner's wife took him down the lane some 40 or 50 yards. Then he broke from us and ran back 30 or 40 yards towards Searle, striking him upon his arrival; Searle fell and lay there unconscious. I picked him up and propped him against the wall; when I lookedround prisoner had gone. (Witness (persisted that he did not see Searle strike prisoner.) Alter Searle had fall-en a constable came up; I said to him, "It's all right, policeman, if you leave it to us wewill take him home "—not thinking there was anything serious; and the constable left and we took Searle to his home.
WALTER E. BOULTER , medical superintendent of Plumstead Infirmary. On the afternoon of August 19 Searle was brought in; he was unconscious, suffering from a wound on the back of his head, and bleeding from the right ear. He remained unconscious until he died on the following day about 6 p.m. At the post-mortem I found an extensive fracture of the base of theskull. There was a bruise under the eye consistent with a blow. The cause of death was coma., resulting from the fracture of the skull.
Cross-examined. Deceased had been a very powerfully built man, more so than the prisoner.
Detective-inspector JAMES CUNNINGHAM, R Division. I arrested prisoner on (August 21; he made no reply then nor When the charge was read over to him.
Cross-examined. From my inquiries prisoner is a respectable man in every way. He has good discharges from the Navy and has a pension; he was retired through loss of an arm. He has a good character from his employers. Cory Brothers. He is not a quarrelsome man.
(Saturday, September 9.)
WILLIAM HENRY RICHARD SAVIDGE (prisoner, on oath). I went into the "Waterman's Arms" about 20 past 11; I met Searle outside and asked him to have a drink; he said he did not mind, and I called for two drinks, which were served. He then declined his drink. (I had no (personal quarrel with Searle, but there had been some friction with us men at Cory's owing to my going to the firm and saying that the Navy men Would not go onstrike.) Searle went away to another part of the bar and began talking at me. He said, "You see that one-armed, long f—g bastard; I would not work with him if my hands dropped off." He kept onusing abusive language; I took no notice; I said to the landlord that I did not want to come to the public-house and be treated like that. The landlord spoke to Searle. My wife came in to fetch me home, but I did not leave then; she looked in a second time. Just before closing time I went out. My wife was outside talking to Mr. and Mrs. Ball. I was telling them what had taken place inside the bar. Searle was the last man to come out. He said, "Where is the long bastard?" I said, "Here I am, I'm not gone away yet." Hestruck me in the stomach and I retaliated in self-defence. MoGill and Williams got hold of me, and Searle made an attempt to get at me while they were holding me. We all moved down the lane together, a crowd of twenty or thirty. Searle and MicGill were in front of me. Dobbs and MoGill were urging Searle to fight one. We got about forty or fifty yards down the lane. Searle, put up his fists, and therewere several blows struck on either side. He first of all (struck me in the chest and caused me to fall. I got up and hit him back and he fell. Then someone said, "There's a policeman" and I walked awaytowards home.
Cross-examined. Searle was not drunk when I first met him. When he came out I did walk towards him; that was after he had called me a long bastard; I wanted an explanation; I had no chance to get one before he punched me. After he punched me I took my coat off. I was walking down the lane towards my home; that was the only way I could go home. I swearthat (Searle was in front and that it was he who turned back and struck me. I did not say before the Coroner that Searle came afterme; my deposition was not read
over to me. (To the Court.) When Searle fell I did not stop to see whether he got up again; I walked away home; I did not run. Why I did not s'top was because there was something about a policeman coming and I thought I might get looked up for street fighting.
Police-constable ARTHUR SIMS, 415 R. On the early morning of August 19 I saw a number of men up the lane about 50 yards from the "Waterman's Arms." Searle was in a sitting position up against the fence. The men with him said they would look after him and I did not think it necessary to do anything further, as he was with his friends.
Mr. and Mrs. BALL, G.W. RYE, senior, G. W. RYE, junior, and GEORGE OLDBRIDGE (landlord, manager, and potman of the "Waterman's Arms "), and prisoner's wife gave evidence in support of his story.
Verdict, " Guilty, but we recommend prisoner to mercy on account of the large amount of provocation he apparently received."
Sentence, Nine months' imprisonment.
BEFORE MR. JUSTICE AVORY.
(Saturday, September 9.)
SMITH, William Henry (48, foreman) pleaded guilty of attempting to carnally know Winifred Jessie Burbridge Smith, knowing her to be his daughter, and indecently assaulting her; Indecently assaulting the said Winifred Jessie Burbridge Smith; attempted rape on the said Winifred Jessie Burbridige Smith.
Sentence, 21 months' hard labour.
BEFORE THE RECORDER.
(Friday, September 8.)
WOOD, John (24, coster), and O'CONNOR, Daniel (24. fireman), burglary in the dwelling-house of George Ferguson and stealing therein one scent bottle and other articles, the goods of Ernest Aleck Spurs.
Police-constable WILLIAM NICHOLLS, 202 B. At 12.45 a.m. on August 20 I was on duty in Fleet Street when I heard a noise behind me. I turned round and saw prisoners running out of the street door of No. 72. I ran after them and caught them against a door leading to Hangingsword Alley. I asked them what was on, and they both said they had been assisting Harry Barker, Who was drunk, home, and had run out for a lark. Ferguson, who lived at No. 72, came up and made a communication to me. I sent for assistance and they were
taken to the station; they went quietly. One scent bottle in a silver case and some sample bottles of scent (produced) were found upon O'Connor. On returning to the place where I had arrested them, in the doorway, I found this jemmy.
Cross-examined by Wood. This American-cloth bag containing one box of soap, one box of face powder, and three bottles of perfume was found in Mr. Spurs' room, packed ready too take away.
ERNEST ALECK SPURS , advertising agent, 72, Fleet Street. All the articles produced are my property. I left No. 72 about 1 p.m. on August 19, locking up the office. On returning there on Monday morning I found my three doors opening on to the landing broken open, and all my papers scattered over the floor; every lock in the place was broken except the safe. The things in the bag had been removed from one room to the other.
GEORGE FERGUSON , wood engraver, 72, Fleet Street (top floor). I sleep there sometimes. On arriving there at 12.20 a.m. on August 20 I found my front room broken open; I noticed that the door going on to the roof was open. I searched over the roof but could find nothing. On returning I heard voices at the bottom of the stairs. I went down and saw a constable. On going into Crown Court I found prisoners, who were strangers tome, detained by a publican and potman.
To O'Connor: I opened the street door with the key. I did not look for marks on it. I found my friend asleep on the stairs; he had had a glass or two, but he was not drunk; he was waiting for me. I may have said to the constable that the street door was all right. I did say that I did not want tocharge them.
To Wood. I locked the street door after me when I came in.
To the Court. I did not notice anything about the doors on the first floor; they were closed.
Police-constable W. NICHOLLS (recalled). Ferguson would have to pass the doors on the first floor, which were broken open.
G. FERGUSON (recalled). It was rather dark and I did not notice the doors. When I returned with Sergeant Ward I saw they were broken open.
Police-sergeant EDWARD WARD, City Police. On the early morning of August 20 I examined the premises at 72, Fleet Street. I found marks on the street door apparently produced by a jemmy; the box of the lock had been forced back. There were marks on the inner door in the ground-floor passage; the first floor office door was forced; an attempt had been made toforce two doors on the second floor; on the third floors two doors had been forced, and the contents of the drawers inside scattered on the floor; on the fourth floor two doors were forced, but nothing disturbed. The doors were all closed. The marks on the doors and drawerscorresponded exactly with the jemmy handed me by Police-constable Nicholls. I made the street door secure for the night by knocking the screws of the lock back; they were only displaced.
HARRY BARKER , wood engraver, 72, Fleet Street. (To the Court.) At 11.30 p.m. on August 19 I arrived home, let myself in with my key, and locked the door after me. I expected to see Ferguson, so I sat on the landing and went to sleep. I had had a little drop to drink, but I was very tired and hot. I heard nothing until he aroused me at about 12.30 a.m. We wentthen into the court, where I saw prisoners, who are entire strangers to me, in custody.
To Wood. You and O'Connor did not come home with me.
To O'Connor. I did not meet you and Wood at Ludgate, turn and ask you to have a drink; I have never seen either of you in my life.
DANIEL O'CONNOR (prisoner, not on oath). At about 10.30 p.m. we met Barker, who took us to have a drink. He said he was going our way home and would accompany us. When we got to No. 72 he said he lived there, and attempted to open the door with his key, but being drunk he could not do so. Wood opened the door for him and we all went in. He was too drunk togo upstairs. Wood and I went upstairs to try and find the caretaker, tout could not do so. I found the jemmy in a recess, I had a (sudden temptation to break open the doors, but I did not break in thefront entrance.
Police-sergeant WARD (re-called). (To the Jury.) The marks on the street door showed that it had been broken in from outside.
Verdict, Guilty. We hope you will deal with them as leniently as possible.
O'Connor confessed to a previous conviction of felony at this Court on February 8, 1910, when he was sentenced to 20 months' hard labour. Four previous convictions dating from 1903 for larceny were proved. A previous conviction in 1904 was proved against Wood, who, it was stated, could never stay in any employment long.
Sentences: O'Connor 12 months' hard labour; Wood nine months hard labour.
HILL, William (48, sugar boiler), and HOWLETT, Frederick, otherwise HOWLING (43, labourer), stealing 1 cwt. 1 qr. and 14 lb. in weight of type, 1 cwt. 1 qr. and 4 1b. in weight of type, 1 cwt. 1 qr. and 24 lb. in weight of type, in each case the goods of Wyman and Sons, Limited.
Mr. Roome prosecuted.
Inspector HERBERT HINE, City Police. On August 23 I was in Old Street when I saw prisoners wheeling a truck. I followed them into Kingsland Road, where they stopped outside No. 22, occupied by Amos and Walsh, metal dealers. Hill went into the shop and came out with Causton, the man in the shop. I went up to prisoners, told them I was a police officer, andasked them what they had in the truck Hill said, "Some metal." I said, "Where did you get it from?" He said, "A man asked me to bring it here."I said, "What man?" He said, "A dealer—the same one as sent me here before. I don't
know his name or where to find him" I said, "My information is that you have stolen it from Wyman's." He said, "You have made a mistake." Howlett said, "I don't know where he got it; I don't know anything about it." On the way to the station Hill said, "The man asked me if I could get a truck. I went and got it and he put the metal on it at Smithfield Market. I expected tomeet him at Amos's. Howlett was with me when I met him." At the station they were charged with stealing and receiving 2 cwt. of type metal. Howlett said, There is not near 2 cwt. there."Hill said, "I cannot see where the stealing comes in. We were asked to do a job and get locked up for it." The name on the truck was Brooker, of Norwich Street, Fetter Lane, which is close by Wyman's and about 1,000 yards from Smithfield Market. On August 4 I went to the premises of Amos and Walsh and was handed two bags of metal type, of which I produce samples. Prisoners were told they would befurther charged with stealing and receiving this metal. Hill made no reply, and Howlett said, "I have no remembrance of it."
JAMES AUSTIN , storekeeper, Wyman and Sons, Ltd., Fetter Lane, E.C. The samples of metal type produced are the property of my employers. The metal is kept in various parts of the building; these pieces are specially cast by us and we never sell it; after use we melt ft down again. The value to us of the metal prisoners sold on August 19 is £1,18s. 6d. and that on August 26 £2 3s. 11d. We did not notice the loss of it. I know neither of the prisoners. It is most probable that the metal was taken out at different times in small quantities.
FREDERICK JAMES BATE , clerk, Amos and Walsh, metal dealers, 22, Kingsland Road, E.C. On August 19 Hill came in and said he had got some old metal to sell and I told him to bring it in. They had been in several times before. I saw they had some metal outside on a barrow. It weighed 1 cwt. 1 qr. and 4 lb., and I gave them 14s. 9d. for it. I made an entry in the bookand Hill signed as "J. Luxton." I believed it was his name. Howlett, whose name I did not know, used to assist Hill bring the metal into the shop. I understood from them that they bought the stuff at sales. On August 22 I bought 1 cwt. 1 qr. and 24 lb. from them for 16s. 10d.; Hill signed for it in the name of "J. Luxton." I have never seen them in company with any other person. I should say I have had about a dozen transactions with them of the same kind.
To the Jury. The bag was not covered up in any way on the barrow.
FREDERICK CAUSTON , shopman, Amos and Walsh. On August 23 prisoners brought a bag of type when they were arrested outside the shop. Hill had told me previously that he had some old metal for us; he did not say where he had got it from. There is a regular price for this stuff, which is melted down.
Inspector HINE (recalled). The sack containing the metal was covered by a quantity of brown paper and Hill's jacket; it was impossible to see what was underneath.
Hill's statement before the Magistrate: "Can I have it settled here? "Howlett's: "I did it with an innocent conscience. I do not call witnesses."
FREDERICK HOWLETT (prisoner, not on oath). On this Saturday morning I saw Hill in Tabernacle Street and he said a man in Kingsland Road had given him a little job to do. I went with him as I had nothing else to do. The transaction 'had nothing to do with me and I have never received a penny for it. On the other two occasions I happened to meet him in thesame sort of way and I went with him. I have never been in Wyman's in my life.
Verdict (both), Guilty of receiving.
Hubert confessed to a previous conviction of felony at Old Street Police Court on March 11, 1908, in the name of Frederick Howling, when he was sentenced to six weeks in the second division. Nothing was known against Hill.
Sentence (each), Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, September 8.)
Mr. H. C. Bickmore prosecuted.
WILLIAM JAMES HARE , 157, Victoria Dock Road, baker and grocer. I have also a grocer's shop at 15, Alice Street, Tidal Basin, which has a plate glass window ten ft. by six ft., value £7. On August 11, at about 2.30 p.m., I received information, went to Alice Street, and saw prisoner standing with his back to the window; he lifted his foot, broke the window, and walked across the road; there were several others there. I spoke to a constable.
Cross-examined. Prisoner was arrested the following day. He had some drink but appeared to know what he was doing. I have known prisoner since his childhood and his family for many years; he was frequently in and out of my shop; that day he had made purchases; he has never insulted meor shown ill-feeling; I cannot see why he should have done this unless he was in drink. (To the jury.) the sill of the window was two ft. six in. from the ground.
Police-constable GEORGE READ, K Division. On August 12, at 11.40 p.m., I saw prisoner detained at Limehouse Police Station. I said, "Chesney, I shall take you into custody for being concerned with Arthur White and Albert Shepherd in stealing four loaves of bread from 15, Alice Street, and you will be further charged with breaking a plate glass window." Hesaid, "Who is going to charge me? "I said, "Mr. Hare." I took him to Canning Town Police
Station. When charged he said, "Has Mr. Hare got any witnesses?" I said, "Yes, his son.
Statement of prisoner: "I reserve my defence and call no witnesses."
JOHN WILLIAM CHESNEY (prisoner on oath). I say I did not break the window intentionally—I do not know if I did it at all. I had no reason to break prosecutor's window. I had nothing against him; be has known me since I was a boy.
Cross-examined. I know Shepherd and White. I was in their company on the morning of August 11 for about two hours in the public-house at the corner of Alice Street. I did not go into prosecutor's shop that day. Prosecutor has known me since I was a child buying things for my mother—he has no spite against me; we have always been on friendly terms. I do not suppose prosecutor would say I did it if I did not. I did not do it intentionally.
Verdict, Not guilty.
Mr. C. Harvard Pearson prosecuted.
Police-constable WILLIAM BEADLE, 277 C. On August 9, at 12.30 a.m., I arrested prisoner and prosecutor for disorderly conduct in Old Compton Street: they were fighting; they refused to go away and I took them into custody. A man handed me table knife produced. Prosecutor had a slight cut or scratch on his left cheek. On being charged prisoner denied stabbingprosecutor or having a knife in her possession; she said, "He has been living on me for 12 months, and because I would not give him any money he has done this with me." She first charged prosecutor with attacking her. Prosecutor said she had been following him about all night; that he told her to go away and she took out this knife from under her blouse and struck him across the face with it. Shedenied it, and said that he had the knife in his coat pocket and while they were fighting the knife dropped on the ground.
ALFRED WILSON , 70, Berwick Street, Oxford Street, fitter. On August 8, at 10 p.m., I was in the "Ship" public house, Wardour Street with a man who works in the same tailor's shop as prisoner, when she looked in and said, "You bastard, I will cut your throat when you come out of here." I went with my friend to the "Old Fox" public house, Wardour Street; we hadjust called for a glass of beer when prisoner rushed in with the knife in her hand. The landlord turned her out. She used filthy language, saying what she would do, went away, returned, was turnedout again, returned a third time and said she was going to cut my eyes. The landlord held her; she knocked his hat off and run off. I followed her and got hold of her to bring her back: three women rescued her from me in Mead's Court; she ran through to Old Compton Street. I returned to the "Old Fox." As I was going homeprisoner came behind me, struck
me in the face with this knife and also with a hatpin. The knife dropped. 1 held her till a constable came up. I was not fighting with her. After the arrest she struck me twice in the face. (To the Judge.) I went after prisoner to lock her up for threatening me with a knife.
Cross-examined. I have been living with prisoner from July 1 up to August 8, when I left her. I did not rush out at prisoner from a public house. I have not lived on prisoner's immoral earnings; she has been at work. I have been living as a hawker of laces and cheap jewellery; also earning 4s. or 5s. a night on the cab-rank at the Opera. I bought the jewellery at Houndsditch; I do not know the name of the shop. I am not licensed as a hawker. I am now in prison for stealing; I was convicted on August 12. I have never been convicted before. I was convicted of stealing lead in November, 1904, and on March 24, 1906; in 1907 for assault on the police (three months) and for living on the earnings of a prostitute (three months); in October, 1909, I had three months for stealing lead, and again three months in 1910 for stealing lead. I meant I was only convicted once this year.
The jury stopped the case and returned a verdict of Not guilty.
CARLYLE, Arthur (55, tailor), O'FLAHERTY, Edward (38, labourer), COOK, Thomas (31, labourer), and McLAREN, William (23, dealer) , all burglary in the dwelling-house of Alberta Louisa Gerrie and others, known as the Central London Throat and Ear Hospital, and stealing therein four dressing gowns and other articles, the goods of the governors of the said hospital; all being found by night having in their possession, without lawful excuse, a certain implement of housebreaking; Cook causing grievous bodily harm to Frederick Penfold, with intent to resist the lawful apprehension and detainer of O'Flaherty. Mr. J. St. John McDonald prosecuted.
The indictment for burglary was first taken. McLaren and Cook pleaded guilty.
Police-constable FRANK GOODMAN, 341 E. On August 6 at 10.45 p.m. at the corner of Britannia Street and Gray's Inn Road, I saw Carlyle, O'Flaherty, and Cook carrying coats and bags. I seized O'Flaherty, who struggled violently. A man in the crowd blew my whistle; Police-constable Penfold came to my assistance. During the struggle Cook rushed at us with his jemmy (produced), struck several times at me. He said, "If you do not let him go I will knock your brains in." He struck Penfold on the shoulder and struck at me, on which I struck him with mytruncheon. He was then arrested by two private individuals. O'Flaherty was very violent on the way to the station and tried to bite and kick me.
SAMUEL BULL , 61, Wicklow Street, King's Cross, mail van driver. On August 6 at 10.45 p.m. I saw Carlyle come over the hoarding from the back of the Ear and Throat Hospital at the top of Wicklow Street. There were then thrown over four dressing gowns (produced), then O'Flaherty got over; two leather bags containing tools were
thrown over; then Cook and McLaren followed and the four prisoners ran up Britannia Street. Carlyle was dancing about with the dressing gowns around him. My wife caught hold of Carlyle; he threw a file at her. I then seized him; he struggled. Police-constable Wiggins came up and took him to the station. I and my wife followed with the stolen articles.
EDWARD BOULTER , porter, Central London Throat and Ear Hospital, 130, Gray's Inn Road. Four dressing gowns (produced) are the property of the hospital; the bags belong to Allen and Co., contractors. On August 6 I fastened the doors of the out-patients' department, which opens on to the waste ground separated by a hoarding from Wicklow Street.
RICHARD LLOYD , foreman to Richard Allen and Co., painters, etc., High Street, Bloomsbury. Two bags (produced) contain tools belonging to me and another workmen. On August 6 the bags were in a box in the hospital grounds (fastened by a padlock) filled with other tools belonging to my firm. On August 9 I found the padlock broken off the box, the bags gone, and other tools scattered about the ground.
ALBERTA LOUISA GERRIE , sister in charge, Central London Throat and Ear Hospital. Dressing gowns (produced) belong to my hospital and cost about £1 each when new. The thieves entered by the bath-room window.
Police-constable JAMES WIGGINS, 313 E. On August 6 at 10.45 p.m. in Britannia Street I saw Police-constable Goodman struggling with O'Flaherty. Carlyle ran up with two robes round him; I arrested him; he was very violent; a person in the crowd blew my whistle and, with other assistance he was taken to the station and charged.
Police-constable FREDERICK PENFOLD, 229 E. On August 6 I was in Gray's Inn Road in plain clothes; hearing a whistle I went to Britannia Street and assisted Goodman in taking O'Flaherty to the station; he was very violent. In Gray's Inn Road Cook rushed up flourishing large jemmy (produced), said, "Let go or I will knock your brains out," and struck me a violent blow on the shoulder. He Attempted to strike again when two men in the crowd caught his arms, seized the jemmy, and detained him.
HENRY BROWN , 65, Derby Buildings, Gray's Inn Road, coachman. On August 6 at 10.50 p.m. I heard a police whistle and at the corner of Britannia Street saw O'Flaherty struggling with Police-constable Penfold. Cook rushed from the kerb and said, "Let go or I will kill you" or "brain you," at the same time raising this jemmy. I jumped on him and, with anotherperson, took the iron bar from him; and we then took him to King's Cross Road Police Station.
Statement of Carlyle: "I had been in bed all day ill. I came out about 10 o'clock. I met the others and had a drink in the Pindar of Wakefield.' I had no idea what they were going to do—I do not believe they had either—until they got to Britannia Street. O'Flaherty and I sat on the doorstep opposite. Sometime after some coats were thrown over and I picked them up. So far I am guilty."
Statement of O'Flaherty: "I plead guilty to being concerned but not breaking and entering. I had been drinking all night."
ARTHUR CARLYLE (prisoner, on oath). I was lodging in Gray's Inn Road, four doors from the "Pindar of Wakefield." On August 6 at 10.15 p.m. I had two or three drinks with the other prisoners and went with them towards the "Angel." I had no idea of what they were going to do, and I do not believe they had until they came to this hoarding, when Cook and McLaren got over. O'Flaherty and Is at on a doorstep. Two strangers came up and told us to be careful, as we were being watched. I did not go away as I wanted to see what Cook and McLaren had gone for. Inabout half an hour some things were thrown over. I picked up two dressing gowns and a bag: O'Flaherty picked up the other things.
Cross-examined. I knew the things were not honestly come by.
EDWARD O'FLAHERTY (prisoner, on oath). I had been drinking very heavily. I sat on the doorstep, saw the men go over, and when I saw the things come over I walked away with them. I only picked them up. things came over I walked away with hem. I only picked them up.
Cross-examined. I knew the other men had not gone over for an honest purpose.
Verdict (both), Guilty.
The jury wished to commend the witnesses, Mr. and Mrs. Cook and Henry Brown, for assisting and protecting the police.
Cook was then tried for causing grievous bodily harm to Frederick Penfold with intent to prevent the lawful apprehension of Edward O'Flaherty.
Police-constables FRANK GOODMAN, 341 A, and FREDERICK PENFOLD repeated their evidence.
In cross-examination prisoner suggested that the officers were striking him with a truncheon, that he raised the jemmy to ward off the blow and struck Penfold by accident, which was denied; Penfold was in plain clothes and carried no truncheon.
WILLIAM HASTIE , 2, Lamb's Court, Lambs Conduit Street, painter. On August 6 at 10.50 p.m. I was in Gray's Inn Road; I saw Cook rush at Penfold with jemmy (produced) saying, "Let him go or I will knock your brains out." He aimed a blow at Penfold's head; I and Brown seized him from behind, took the jemmy from him, and assisted in taking him to the station.
MICHAEL MALONE LEE , Divisional Surgeon. On August 6 at 12 p.m. I examined Penfold at the station. His left shoulder was very much swollen and very painful on pressure or movement: the bone was not broken. The injury might have been caused by a blow from the jemmy (produced). I put him on the sick list: he was off duty 26 days. I also examined O'Flaherty and Cook. O'Flaherty had a slight abrasion on the scalp. Cook had an incised wound. They had been drinking, but were sober in my opinion.
Cross-examined. The injury to Cook might have been caused by a truncheon.
Statement of prisoner: "I plead guilty to getting over the fence and stealing the things and throwing them over. I struck the constable on the spur of the moment to stop his truncheon striking my head."
Carlyle confessed to having been convicted on August 13, 1907, at North London Sessions, and sentenced to five years' penal servitude and three years' police supervision for stealing a watch, etc., after a large number of previous convictions, commencing in 1875, and including four terms of penal servitude; released on April 22, 1911, with 15 months to serve. O'Flahertyconfessed to having been convicted on September 15, 1908, at Newington Sessions, receiving three years' penal servitude for stealing a watch, after seven previous convictions, including three years and three years' penal servitude. Released July 24, 1911, with a remnant of 118 days. McLaren confessed to having been convicted on December 12, 1910, at Clerkenwell, receiving three and two months' hard labour for stealing a coat and assault, after two summary convictions. Cook confessed to having been convicted on February 23, 1911, at Clerkenwell, receiving three months' hard labour for stealing curtains, after eight previous convictions, including six convictions for assault on the police.
Sentences: Carlyle, Three years' penal servitude; O'Flaherty, Three years' penal servitude; McLaren, 12 months' hard labour; Cook, Five years' penal servitude.
The Common Serjeant commended the conduct of Mr. and Mrs. Bull, Mr. Brown, and Mr. Hastie, and ordered them a gratuity of 40s. each. The conduct of the officers was also highly commended.
Mr. Turrell prosecuted; Mr. Cairns defended.
GEORGE INGLIS BOYLE , messenger, London Bankruptcy Court. I produce file of proceedings in the bankruptcy of James Paterson of 41, Newington Butts, and 53, Stockwell Road, Stockwell, rifle range proprietor; Receiving Order, March 6, 1907; adjudication, March 13, 1907; liabilities £1,000, assets £33, no dividend paid; undischarged. There has been no application for discharge.
Cross-examined. Petitioning creditor was the City of London Brewery Company, Limited.
JOHN PIZZALA , 18, Charles Street, Hatton Garden, optician. On February 12, 1910, Betts, a friend of mine, introduced prisoner to me. Prisoner produced certificates for 27 shares in the Cinematograph Target Company; Betts said prisoner had come for an advance of
£100; I then gave him an agreement (produced), dated February 12, which I had previously drawn up, he looked it over, and we both signed it. I then paid him £100 £50 by cheque (produced) signed by my father and myself, and £50 in gold which I took from my safe. I was told nothing about the prisoner being an undischarged bankrupt, On May 19, 1911, I wrote aletter (produced) to prisoner, "Should like to know when you will be calling on me, when I would arrange to be in; it would be to your interest to come to some arrangement." On June 17, 1911, 1 wrote threatening if matters did not come to a satisfactory arrangement next week to instruct my solicitors to issue a writ against him 'for the recovery of the money. On July 19, 1911, my solicitors wrote to prisoner seating that I had just heard he was an undischarged bankrupt, and saying, "As this is a most serious matter we should be glad to hear from you forthwith."The first 'time I heard prisoner was an undischarged bankrupt was when my brother-in-law told me, between June 21 and 26, 1911. In reply to my solicitors' letter prisoner wrote on July 21, "In reply to your letter I made no secret of the fact of my being an undischarged bankrupt at the time of my deal with Mr. Pizzala; Mr. Pizzala's colleague, Mr. Betts, was certainly aware of it, and I have every reason to believe so was Mr. Pizzala, but I fail to see what bearing that has upon me at all. The business consisted of a sale to Mr. Pizzala of certain shares, and an engagement whereby I was entitled to repurchase the same at a profit to Mr. Pizzala at the specified time, 12 months. Failing my doing so he, Mr. Pizzala, should become the absolute owner of the said shares without being accountable to me, James Paterson, or my heirs, executors, or assigns, for the sale or proceeds thereof. I shall be pleased to call on you any day after next Tuesday." On July 28 prisoner sent me a cheque for £20, and offered to pay the £100, and 10 per cent. interest by monthly instalments. My solicitors returned the £20 because these proceedings were commenced.
Cross-examined. At the time I had £70 of Mr. Bella's money in my safe; the £50 in gold was part of this. Betts told me prisoner Wanted the money to open a rifle range in Glasgow, that prisoner had 27 shares in a syndicate which would be Worth £2,000 if the Company were started, but he did not say we should advance money on the shares. On February 12 last yearprisoner said he Would probably be able to repay the money in six weeks or three months. I was to make no profit by lending my £50. By the agreement, after 12 months Betts and I were to become the owners of the shares, but we never thought of what we should do if they sold for more than £100. It is not true that I only advanced £50, and was to get £50 as profit. Betts gave me to understand that by my lending this money he would be taken into partnership in therifle range, and I lent it simply in his interest. Prisoner certainly did not say, "You understand my financial position." I did not say, "Never mind about that, let's get along with the business." I tried to find out the value of these shares, I did not try to sell them.
(Saturday, September 9.)
JOSEPH BETTS , gunmaker, 87, Sturgeon Road, Walworth. I have known the prisoner for 13 years. In February, 1910, he asked me if I could negotiate a loan for him for £100; I then persuaded Pizzala to lend £50 while I lent another £50. On February 11 I handed to Piztala, certificate for the 27 shares so that an agreement might be drawn up; I was present on February 12 when it was signed. I did not know prisoner was an undischarged bankrupt until the end of June of this year, when Pizzala told me; nothing was said about it at the time of the loan. Pizzala gave prisoner a cheque for £50 and £50 in gold which was mine.
Cross-examined. Thirteen years ago I was in prisoner's employment; since then I have often had dealings with him, and been to his place at Newington Butts. Scudamore was not present when we had a discussion about this loan. Pizzala minds my money because I have no banking account. I never anticipated getting the £2,000 which the shares might become worth; the only money I could have got was in business with prisoner. I lent Pagose £40 to start a business, but he converted it to his own use. He gave me a paper charging prisoner and Musgrave to hold these shares and to secure me for the amount; he also told me a week ago that a Mr. Gordon was offering £10 each for these shares. I did not tell him that I had 27 shares which I wanted to sell. I know nothing about Pagose, employing prisoner early in 1907 to fit up the Franco British Exhibition, or that complaints were made because of the delays which were caused by prisoner not being able to get credit; I did not remind Pagose of prisoner's "financial position," and suggest thai he should guarantee prisoner's account with the merchants who were supplying material. Abou't August this year I met a friend named Macarthy; I showed him a summons and told him about these police-court proceedings, and told him I had got the summons because I could not get my money; he may have asked why is had become a criminal matter; but he did not say, "You knew all about that," nor did I answer, "But Pizzala did not." He offered to see prisoner and I gave him Pizzala's telephone number. Next day I met him again and said, "Paterson thinks more of a man like Hurry who has done him, than me who had done him a lot of good"; all I know about Hurry is that prisoner told me before this transaction that Hurry had gone to the Dublin Exhibition and got some sort influence to bear and done him oat of a concession there; I did not know that Hurry had made use of his knowledge of the prisoner's bankruptcy to prevent him from getting an order. I know Athol, a barman, I have not spoken to him of my sharing in the Leicester Square business with prisoner because prisoner could not sign cheques. I never mentioned to Scudamore that prisoner was an undischarged bankrupt. I have not offered prisoner's daughter to lend her father more money if I could get her 30 shares as security. Prisoner asked to have an extension of time over the
12 months so that he could get back his shares, but I did not refuse saying the shares belonged absolutely to us.
JAMES PATERSON (prisoner on oath). I am an engineer dealing in firearms and targets, and am the inventor of a living picture taget, for the promotion of which a syndicate has been formed in which I hold 27 shares and my daughter 30; if the company is formed my shares will be worth £2,700. I told Betts, whom I have known for some years, of my prospects, and that I wanted to raise a loan of £50. Next day I saw him and he said, "I have seen my friend who does a bit of money-lending, Mr. Pizzala, and he does not seem inclined to give you a loan of £50 owing to your financial position," but that he would advance £25 and that Betts would advance another £25 on condition that I sold them my shares; I agreed to that on condition that I had the right to repurchase them in one year. Betts understood my financial position and I was emphatic that he must let Pizzala know that I was an undischarged bankrupt. On February 12 we signed the agreement, Pizzala and Betts each lending £25, for which I was to repay £50 each; I said before the agreement was signed, "You understand, Mr. Pizzala, my financial position," and he (Pizzala) said, "That is all right, get on with the business." I then received an open cheque for £50, but no gold. I endorsed the cheque and a friend of Betts advanced £3 or £4, as it was after banking hours. Betts knew I was a bankrupt on the day I became a bankrupt; I also told him how Hurry had lost me an order by telling my employers I was an undischarged bankrupt.
Cross-examined. Although I only received £50 I acknowledged by the agreement having received £100; that was the arrangement. I received a letter from Pizzala's solicitors stating that I had received a loan of £100 from Pizzala; and although I did not repudiate that statement by post, I interviewed the solicitor and told him that I only received £50. I then sent a cheque to the solicitors for £20, but that was on conditions that I received my shares back. I told Pizzala distinctly, "I am an undischarged bankrupt."
JAMES ALBERT GEORGE SCUDAMORE , gunmaker. I am a subtenant of prisoner at Newington Butts. Betts introduced prisoner to me three or four years ago, and told me he was an uudischarged bankrupt. About October or November, 1910, Betts said he was having his own back on Paterson; that he did not expect he would have the money to redeem these shares, and he would have the shares which would be worth £2,000 or £3,000.
NICHOLAS PAGOSE , 48, Burlington Gardens, Kew Gardens, Stock Exchange commission agent. I have known prisoner since 1907. I was one of the managers at the Franco-British Exhibition and employed prisoner in fitting up. On several occasions he was late in doing the work because he could not get material without paying for it at once. Betts said, "You know very well why he cannot get
credit," and suggested that we should guarantee the merchants, which I did. Betts offered to sell me 27 shares in a Target Syndicate.
ALBERT EDWARD MACARTHY , traveller. I have known Betts 12 years and the prisoner 18 years. On August 21, 1911, Betts showed me a police court summons. He told me prisoner's telephone number, which I found to be wrong. He mentioned that Paterson was a bankrupt and I said to him, "Well, do you mean to say you did not know that Paterson is a bankrupt." He said, "Well, anyhow, the man who advanced the money did not know." Another time he said that Paterson thought more of a man like Hurry who went to the Dublin Exhibition and got the concession there after he (Hurry) had heard that Paterson was a bankrupt than of him.
MARIAN PATERSON , daughter of prisoner. I have helped my father in his business since I was 18; Betts has been a frequent visitor at Newington Butts; he offered to obtain a loan on my 30 shares in the Target Syndicate, but I refused.
Captain ERNEST TEMPLE YOUNG, R.E. I am a certified instructor in gunnery. I know the prisoner and his invention which is likely to be of great value.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Friday, September 8.)
Walker pleaded guilty.
Sentence, Barnes, Two months' hard labour: Walker was released on his own recognisances in £10 to come up for judgment if called upon.
Sentence, Two months' hard labour.
Mr. Morley prosecuted.
Mr. ROSENTHAL, Goulston Street, E., dress material dealer. I was at my stall on Sunday afternoon last. Prosecutor was looking at my stock. Burgh was leaning over prosecutor's back; Wright was near him. I said to Wright," You had better get away; you are not buying" I pushed him just a little way. After a minute or two prosecutor turned round and pushed prisoners away. What became of him after that I could not say. Burgh struck him in the face. Prosecutor had
hold of him. Prosecutor said he struck him with a stick. I did not see the other strike him. I did not speak to either of them after this occurred. I only spoke to prosecutor about my business.
Cross-examined by Burgh. You were standing by prosecutor's back, just lying on him. I said at the police court I did not see money taken up. Prosecutor held the money in his hand to pay me because the price was agreed and I was only thinking how much I should take. He then turned round; all the money went on the floor and some people picked it up. I did not see gold in his hand, only silver and coppers.
Cross-examined by Wright. You were pushing to the front of the stall. I pushed you away, saying "You are not buying." Prosecutor did not pass money to me; it went on the floor. I could not say that you ran away. I saw you by the stall afterwards.
SHAH ADAH . I am a fireman in the P. and O. Company. About 2 p.m. on Sunday I was in Petticoat Lane with another man, Machmoud. I wanted to buy some warm clothes at Rosenthal's stall. I had £3 2s. in my pocket and 1s. 6d. in my hand. Burgh was standing by the stall; the other prisoner was a little behind him on his starboard side. I felt the money going out of my pocket. Burgh took it and passed it to Wright. I caught hold of Wright and Burgh started to beat me about the face. Wright ran away with the money. I was struck four or five times and my eye was cut open. I have had some stitches put in.
To Burgh. While I was getting my clothes you took the money out of my pocket. I then got hold of you and held you tight till the police came. I never got hold of Wright. I did not see him till I saw him in the police station; I mean after he went away with the money. I saw you take the money out of my pocket.
---- MACHMOUD, P. and O. Offices, Royal Albert Dock, fireman. I was with Shah Adah at Rosenthal's stall last Sunday. When he left the place at the docks, called the "Go Down," he had £3 2s., which he intended to lay out in clothes. He carried it on his left side. I saw Burgh taking the money from prosecutor's pocket. Wright struck him with his fist in the head and eyes three or four times.
To Burgh. I was standing on prosecutor's right side. I saw you pass money to Wright. I cleared out. I was afraid to go anywhere near in case of getting punished.
Police-constable FREDERICK DEDMAN, 471 H. I saw prosecutor in Goulston Street on Sunday. He was bleeding from a cut over the left eye. Burgh was two or three feet from him. Prosecutor pointed him out to me and said the man had assaulted him. I told Burgh I should take him into custody and charge him him with robbery and assault. He said, "He struck me and I struck him." I took him him to Commercial Street Police Station. We had been there about five minutes when Wright and another man came in. Prosecutor at once pointed to Wright and said, "That is the man that ran away with the money." Wright came in of his own accord to speak on behalf of Burgh. I told Wright that he had been identified and would
be charged. He said, "I admit I was there." When charged, he said, "Very well. I admit I was there, but I did not take the money." I searched him and found on him 3s. 9d. That was about quarter of an hour after the robbery. He had plenty of time to get rid of the money.
To Burgh. Prosecutor said you took the money out his pocket and handed it to the other man. I understand a bit of Hindustani.
AUGUSTUS ALBERT BURGH (prisoner, on oath). On this Sunday I had a stroll round and eventually found myself round about Middlesex Street. I saw a crowd in Goulston Street watching prosecutor and his companion bargaining for some cloth. Some boys tied, by means of a piece of string, a tin on the tail of prosecutor's skirt. I was standing near behind him and he evidently thought it was me. He undid the string and threw it on the ground. Two boys picked it up and started again. Prosecutor thumped them, and, thinking I was encouraging them, he pushed me violently. I asked what he was pushing me for. He raised his stick and struck me and if the blow bad not caught the rim of the straw hat I was wearing my nose very probably would have been broken. I then struck him and wrestled with him for the possession of the stick. Then his other friend attacked me also. I was being severely handled. Somebody said, "How many of you on to one, you foreign beasts?" I heard police whistles blowing. If I wanted to escape I could have done so then. Nothing was said about losing money. When the police appeared prosecutor said I had stolen £3 10s. from him Half a dozen people wished to explain the true facts to the police, but they would not take any notice, but took me to the station without allowing me to get the names of witnesses or to ask them to go to the station. At the station prosecutor said I put my arm across him and took out £3 2s. Is it possible to do such a thing as that? He also said he gripped me by the wrist to prevent my escape. If I took the £3 2s. out of his pocket and he gripped me by the wrist how could I have passed the money to a companion or anyone else? In another statement he made he said another man stole the money and I hit him whilst the other man ran away. Wright appeared at the station with another young fellow as witnesses for me. He has told me there were seven or eight people outside who wanted to state the true facts, witnesses for me, but the police would not let more than two people in. When prosecutor saw Wright he said, "That is the man who stole my money."
Cross-examined. I will ask the prosecutor about the tied string if you think it necessary.
GEORGE WRIGHT (prisoner, on oath). I have only known Burgh since I went as a witness for him. I live at 6, Kelvin Road, Highbury Park, with my brother-in-law. I had never seen Burgh till the morning he was fighting with these foreign people. He did not pass any
money to me. If that man passed any money to me, do you think I would go straight to the police station as a witness? I was watching these foreigners. It was the first time I had seen people like that. I saw two boys tie a string with a can on the back of prosecutor's coat, or whatever you call it. I saw that man turn round and push the man; this man pushed him back. I was about a yard away. There was a regular fight and the police appeared on the scene. There were eight or nine men and chaps there about my own stamp; they all said, "Shall we go into the police station for that chap; it was not his fault." I agreed as one, and another chap come in with me. There were several there. We all wanted to go in, but the police would not let us. In the finish' he said, "Come along, two of you." So two of us went in. They said, "What do you know about it." I said, "I saw it." The other chap said he saw something of it. The detective said to the prosecutor, "Do you know him." He said, "Yes, that is the man who ran away or stole the money."
Cross-examined. I never saw Burgh before this Sunday. I have not been in that part lately. I had no friends in the crowd. We did not come up to the stall together that I know of. I was not talking to him; I may have been aside of him. I walked aside of prosecutor and his three friends all the way to the station; that is why I cannot make out why they did not pick me out beforehand, but wait till I walked to the station. It would not take a second to pass money in a crowd. I was asked at Old Street if I had any witnesses to call and I said yes. I saw several Yiddish chaps and thought they were chaps that were in the crowd. They said no, they were not; then I asked if they would send outside, but they did not; they said there was nobody outside. I heard Rosenthal tell me to stand away.
Mr. ROSENTHAL recalled (to Wright). I have said that I did not see Burgh give you anything. I cannot say whether you ran away or not; there was too much crowd, too much excitement. (To Burgh.) Prosecutor pushed you and you struck him, I cannot say how many times.
Wright confessed to a conviction for felony. Numerous convictions were proved against both prisoners.
Sentences: Burgh, 18 months' hard labour; Wright, 12 months' hard labour.
BEFORE THE RECORDER.
(Saturday, September 9.)
Wertheim pleaded guilty.
No evidence was offered against Allbury and the jury returned a formal verdict of Not guilty. (See next case.)
Dr. KIPP (of Holland) stated that Wertheim was a fit subject for compulsory detention on account of his mental state, he having previously been twice in a sanatorium in Holland; at the age of 13 he had sustained a very bad accident to his head.
Prisoner was released on the recognisances of Theodore Hoare (merchant, 26, Budge Row, E.C.) in £200 to come up for judgment if called upon, the prisoner's uncle, A. S. Wertheim, undertaking to return with him to Holland and to see that he was put under the care of Dr. Kipp.
DENTON, Edward George (20, clerk), DENTON, Vincent (18, stable boy), DENTON, Elsie (20, milliner), and ALLBURY, Leslie (18, lift attendant) , feloniously stealing a watch, chain, and other goods, and £3 10s. in money, belonging to Abraham Carel Wertheim.
Mr. Travers Humphreys prosecuted; Mr. Purcell defended Edward George, Vincent, and Elsie Denton; Mr. Curtis Bennett defended Allbury.
Police-sergeant ROBERT —, X Division. In the early morning of August 17 I was on duty in Elgin Avenue, when at 2.40 Wertheim made a statement to me. I went with him to a flat, 98, Delaware Mansions. Edward George Denton opened the door, fully dressed. I told him that Wertheim had been robbed. He said, "What do you want?" and we went into the front room, where we saw the other three prisoners, all fully dressed. Wertheim, pointing to Allbury, said, "That is the man."
Mr. Travers Humphreys having, in his opening, stated that he did not propose calling prosecutor as he did not rely on his evidence, he not being of sound mind, Mr. Purcell submitted that statements made by him were not evidence.
Mr. Travers Humphreys stated that he appreciated, in the absence of a confession by the prisoners, the difficulty in proving that the articles were stolen, but prosecutor's state of mind was better then than it is now.
The Recorder ruled that as the prosecutor was not going to be called there was no evidence to go to the jury as to how the articles got into prisoners' possession. On his lordship's direction the jury returned a verdict of Not guilty as to all the prisoners.
It was stated that Edward George Denton had taken the flat where all the prisoners resided in last June; he was not married to Elsie Denton. Allbury had done no work lately and was stated to be an habitué of Piccadilly Circus. Elsie Denton was discharged in the care of her mother. The Recorder warned the male prisoners as to their future conduct and directed that the police should keep observation upon them.
Police-constable HENRY ANSELL, 88 H. At 6.20 a.m. on July 23 I was on duty in Whitechapel Road, when I saw prisoner shaking an iron gate in front of a door. I said, "What are you doing?" and he said nothing. I told him the best thing he could do was to go away and he turned round and hit me in the chest with this awl (produced). I closed with him and he caught me by the throat and struck me again. I drew my truncheon, but he kicked it out of my hand. He stabbed me again in the left arm; we struggled violently; he was sticking at me all the time. I struck him with my fist and he went to the ground. Somebody gave me my truncheon and I hit him on the head twice. I was detained at the hospital for three days and was on the sick list three weeks; I am all right again now.
Police-constable ELI TRELLEVEN, 84 C. On the early morning of July 23 I was cycling in plain clothes through Whitechapel Road, when I saw Ansell and prisoner struggling on the ground; prisoner was striking him with something in his hand. I went to his assistance and prisoner was taken to the station. On the way he said, "They have killed me this time. God's will is stronger than man's."
Police-constable SIDNEY COGGLES, 267 C. I picked up this instrument, which fell off prisoner's chest; it looks like a sharpened file.
Cross-examined by prisoner. When I first came up there were only you and Ansell.
Police-sergeant GEORGE WRIGHT, H Division. Prisoner was at Leman Street Police Station charged with attempted murder. He said, "I want to make a statement if you will write it down." Inspector Wensley said to him, "It must be voluntary and may be used in evidence against you." He said, "I prefer to write it myself. I understand." He wrote this statement. (Exhibit 1. A letter to the editor of "Lloyd's Weekly," asking him to send a reporter to hear about his case; that the police were trying to stop him going to his home at Antigua, West Indies, and complaining generally of their conduct.) In answer to the charge he said, "I did not intend to murder him."
To prisoner. I found a letter upon you addressed to the Editor of "Lloyd's Weekly," to which you referred in your statement.
ROBERT BARKER , Medical Officer, London Hospital. On the early morning of July 23 prosecutor was brought in suffering a good deal from shock. There were two punctured wounds, one on the left side of the chest and the other in the left arm; the former might have been dangerous if it had been deeper. The instrument could have produced them. He was detained for three days.
Prisoner's statement before the magistrate. About 6.30 I was standing in Whitechapel Road in broad daylight when the policeman came up. He said in a polite manner, "What are you doing?" I said, "Reading the advertisements." He changed his tone all in a sudden and said "Move on or I will take you in." I said, "What for?" He struck me twice in succession on my chest and on my teeth. The second blow loosened my tooth. I struck him in selfdefence and he took out his staff readily and it became a fight between
me and him. He struck me with the staff and I did it with the awl I had in my hand, as I had no other weapon with me. He knocked the awl out of my hand with the staff. Another officer came up. The policeman held my right arm and the second man held my left and the third man was beating me with the staff, while I was holloaing "Murder!" I received a cut in the head which I thought had fractured the skull. I said, "You have murdered me. Now I suppose you are content." When the policeman saw the blood he rushed off apparently in a fright to the London Hospital, seeing the damage he had done to me. When I got to the police station I said I wanted to write a letter to "Lloyd's Weekly" and I wrote the statement.
REGINALD SIDNEY DYES , medical officer, Brixton Prison. (To the Court.) I have had prisoner under observation since July 24. He is suffering from delusions; he says that for the last five years he has been persecuted by the Government and the police, who prevented him from getting work, lodging, and refreshment; that the conspiracy had followed him into Belgium where he had stayed six months; that he had gone to four solicitors to help him, but they feared the enemy was too strong, and would not undertake the case; and that when he was in lodgings some men from the Continent followed him over and operated upon him for three nights. I am of opinion that he is insane and a dangerous man to be at large.
Prisoner here requested, in order to prove his sanity, that a musical composition of his should be played.
Verdict, Guilty, but insane.
Prisoner was ordered to be detained during his Majesty's pleasure.
JOHN MANSON BURR , taxicab proprietor, Manresa House, Manresa Road, Chelsea. I let out taxicabs for hire. Prisoner had driven for me as odd man for a month previous to July 23; they received 5s. for every £1 they take, they take all axtras, and they generally accounted in the mornings for their previous day's takings. On the evening of Sunday, July 23, he paid £1 18s. 8 1/2 d. for his day's takings, and this is his (ticket (Exhibit 3). He took the car out on Monday morning, starting clear. I did not hear from him again until August 2, when I received this telegram from Chichester." Returning to-night; all correct.—Barnes." At 9 p.m. on August 4 I learnt that he was at Harleyford Road, Kennington Oval, I took a cab and went there with a stepney wheel. I found he had had a puncture. He put on the wheel and drove me home. He said "I have some bills against you." I said, "It's not bills I want. How much money are you going to Pay in?" He said, "I have no money." I said, "What have you done with it?" He said, "I sent it home. I feel tired to-night, but I will come up and pay you to-morrow morning." He had no directions to go wherever he liked outside the London district. Spare tubes and other preparation would be required for long journeys. I have never received any money from him.
Cross-examined. He came one night afterwards for his licence; it might have been August 14. I did not see him; it was about a week after that that I commenced proceedings. It was my son who arranged with him about the cab; I believe it is correct that he was to have the cab until the end of the week, until another man came back. If a man had a puncture he would bring it home, and it would be repaired at my expense; prisoner had no authority to go out of town. The prisoner's earnings to August 5 were £12 14s. 6d., from which he would be entitled to deduct £3 3s. 8d. I may have said before the magistrate that only £6 13s. 7d. was due from him; that is the sum we eventually arrived at.
JOHN RUSSELL BURR , son of last witness. I was responsible for the figures on prisoner's taximeter dial on July 24, when the car, No. 1,444, went out. It worked quite correctly both before and after he took it out. I am not responsible for the figure £6 13s. 7d.
Cross-examined. I examined the dial on August 7, but I kept no memorandum of the figures.
Cross-examined. There is a licence called The Goodwood Races Special Ten Days' Licence," which taxi-drivers had to obtain. (To the (Court.) I got permission from Mr. Burr to take my car to the Goodwood Races. It was certainly a bad time for us there.
Prisoner's statement before the Magistrate: "I have no witnesses here. I have given the names of two who can be called."
JAMES BARNES (prisoner, on oath). I have been a licensed cab-driver five years, and this is the first time any charge of dishonesty has been made against me. I first began to take out Mr. Burr's cabs in May. On returning on Sunday evening, July 23, I was told I could have the cab for a week. After the week I took it to Chichester: I took it for granted I could take it where I liked; I told nobody I was going to do so. I got a 10-day license there; paying 5s. for it. For the four days I was at the race meeting I earned £2 5s., it was a very bad time. I took a job to Bulford and on the way I got a puncture and found my stepney wheel out of repair. The repair cost me 3s. For other punctures on the journey and different repairs generally I paid £2 0s. 11d. The fare I received was £1 17s. 6d., whereas I was entitled by the clock to £4 15s. 10d., but I could not charge my fare, Mr. and Mrs. Smith, this, because of the delays on the road. My total receipts altogether whilst away were £6 2s. 6d. The commission and expenses for the upkeep, properly payable by the proprietor, came twenty gallons of petrol, which I pay for, to came to £3 11s. 6 £1 3s. 4d., and furer breakdowns and garage fees came to £2 10s. 11 1/2 d.; I admit I owe this to Mr. Burr. I have not misappropriated it. I did not have an opportunity of paying it back as I was arrested. I could not pay it back at once on my return as I had spent it in these expenses. I went to see him on August 12 and 14.
Cross-examined. I had less than 2s. when I started off for Goodwood.
Verdict, Guilty; strongly recommended to mercy.
Prisoner was released on his own recognisances in £15 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Saturday, September 9.)
Mr. Briggs prosecuted.
ISAAC MARCELIS , 17, Rhodeswell Road, Limehouse, E. On August 18 I was talking to some neighbours across the road. Prisoner came up and asked if I would buy a 3/4 portrait frame for 9d. I said, "No," I had got no money. Afterwards two other fellows came across from the beershop and asked me for a cucumber. I said, "I have no cucumbers in my pocket." I think it is a lark. They push me. I go across into my shop. The three follow me, one get my arms up, one get me in the middle, one get me in the neck, and I see him with his left hand in my pocket. They followed me into the shop and set about me. I screamed "Murder"; the police came. They ran; the policeman caught the last one.
Cross-examined by prisoner. I am certain you are the man. You asked me to buy a 3/4 portrait frame. When I was across the road three came behind me and three pushed me in the shop and set about me. You were the first to come in the shop and the last to go out, when the policeman caught you. As to whether you or I spoke to the policeman first, the policeman said, "Come up to the station." I got no boots on. I was full of blood and I go to the station. I spoke nothing to you. I know your wife was twice in my shop after this affair; once I was not in. I never said to her, "I think I have not the right man now." I said three men assaulted me. You put your left hand in my pocket. (Prosecutor's evidence at the police court read: "About 6.30 on August 18 I stood by my door speaking to some neighbours. Prisoner asked me to buy a picture frame. Two others came and asked me for cucumbers. I said, 'I have no cucumbers in my pocket.' They afterwards pushed me into the shop, pushed me on to the stairs, and the other fellows threw a vinegar bottle at me. The police came and took prisoner. The other two got away.") I do not know if you tried to stop the other two assaulting me; I was upset and could not see. You did not come in the shop; the others pushed you aside. You had your frame in your right hand. There was a crowd.
Police-constable GEORGE DEAN, K. On August 18 I was on duty in Rhodeswell Road. I saw prisoner with two others, not in custody, follow prosecutor across
the road to where he resides, close behind his heels. When on the footway they all three hustled him. Prisoner was on his right, another was behind him, and another on his left. They bundled him into the shop. At that time the shutters were up but the doors were open. I came down the road, and some 70 or 80 yards away I saw that something was wrong, and as I got near the edge of the kerb they came out of the shop; the other two decamped; prisoner stopped. Prosecutor came out behind him. Prisoner said, "See what he has done," referring to a little blood on his hand. Prosecutor was bleeding freely from the face and from the right hand. He said, "Look what he has done to me; tried to take money from my pocket; it was in the wrong pocket." I took prisoner into custody. He made no reply. At the station, when I explained that he would be charged with assaulting prosecutor and attempting to rob him, he said, "Yes, but I did not get anything." He made no reply when the charge was read over.
JOHN GIBSON . On August 18 as I was coming through St. Paul's Road I met prisoner outside Harry Eastman's beerhouse. He said to me, "Hallo, how's trade?" I said, "All right; when did you come home from sea?" "Only a fortnight ago," he says. I said, "How do you like seafaring life?" He says, "All right. I hope to go away soon." A little while after that there was a dispute on the opposite side. Over he went, and I saw two men interfering with prosecutor; so he pushed them aside and the two other men went away. There he stood on the kerb. Up come a policeman four or five minutes after and deliberately walked up to him and took him into custody.
Cross-examined. My story is that prisoner went to help prosecutor. I was with him. I did not go and help. I had to look after my fish barrow; I had just come off my connection. I have been convicted several time's.
Mrs. HILL (wife of prisoner). I had a conversation with prosecutor at the (police station after my husband was remanded. He said, "You know I have got the wrong man. It aint my fault, it's the 'tecs that's making me do it." I said "If the 'tecs are making you do it you know you have the wrong man, and also I know the two men that has done it; they have been to my door and told me." I told the detectives.
Cross-examined. Prosecutor has said "Good morning" to me in the street. When I went over and spoke to him, he said, "I can't help it, it is the detectives make me do it; I don't know whether I got the right man or not. Then again on Wednesday morning I spoke to Detective Travers land asked if the case would come off that morning. He said, "To tell you the truth, missus, I will give you one chance, and one chance only; if you like to go home and give me information where the other two are I will do my best for your husband and try and get him off."
Detective TRAVERS, K Division. On Wednesday morning the last witness came to me outside this Court and asked was the case coming on; I said, "You must wait and find out." She said, "I know who the other two men are." I said "If that is so you ought to give information to the police."
ROBERT HILL (prisoner, not on oath). When I cross-questioned prosecutor he said I spoke to him at the shop door. When I cross-questioned the constable he said he was across the road talking to his neighbours. Then, again, he says I was not in his shop, and the constable says he see me in the shop. I asked prosecutor at the police court if I was really the man who committed the offence on him; he said he was confused. No doubt the man was too confused at the time. I asked the magistrate on the 26th if I could see prosecutor. He promised I should. I was brought up again on the 2nd inst. and remanded. I have not seen prosecutor; I have been told that he would have come forward and said I was not the man. He does not connect me with committing this assault. He does not say at the police court that anybody had hold of him by the throat. How could he see my hand in his pocket when he is looking backwards, his head upside down. The fact of the master is I went to assist this man. If I had committed the assault or put my hand in his pocket, do you think I would have gone to the constable? I should have run away, or tried to get away. I had just come borne from sea and would have been away to sea again. I was in one of Scrutton's boats and came home from the West Indies, and was paid off on August 3, and had money on me at the time I went to assist prosecutor.
The following convictions were proved: September, 1906, Central Criminal Court, robbery with violence, 12 months; June, 1901, Thames Police Court, found on enclosed premises, three months; 1909, six months and six months, stealing six bank notes and a watch valued at £43 from a ship at Middlesbro'; two months and two months at Thames Police Court, assault.
Sentence, Three months' hard labour.
JAMES, John (65, tailor), and McCARTHY, Margaret (32, housemaid) , forging and uttering, knowing the same to be forged, certain orders for the payment of money, to wit, a banker's cheque for £6 6s. with intent to defraud.
Mr. Wilfrid Price prosecuted; Mr. Warburton defended McCarthy.
James pleaded guilty.
PHOEBE TROWEE . I am manageress at 12, Belgrave Road, Pimlico, to Jacob Heximer, confectioner. On July 8 about 4 or 4.30 p.m. prisoner called. I did not know her. She handed me a sealed envelope. She said she wished me to read it. I opened it. Inside were a cheque and a note. The note was: July 8, 1911. Dear sir,—will you kindly oblige me by cashing the enclosed cheque?—Yours truly, R. G. Webster." Mr. Webster is a customer of ours. I told prisoner I was short of change. She said could I manage to give her
part of it. I said I could not, but if she cared to go over to Mr. Heximer at Ebury Street perhaps he would do it for her. I put the note and cheque in another envelope, gave them back to her and she went out of the shop.
JACOB HEXIMER , 160, Ebury Street. I have a branch at 12, Bel-grave Road. On July 8 about 4.20 prisoner McCarthy came in. I had heard by 'phone from my branch shop that a certain person was there who wanted a cheque changed for one of my customers, and that my assistant had a doubt about it. I did not know prisoner. I asked her who she was. She said she was one of the servants of Mr. Richard Webster. I rang up Mr. Webster; he was out of town; a maid said he had not got a banking account at that bank and I was not to change the cheque. I then rang up the police-station and gave information.
Sergeant ALFRED BESLEY, B Division. I went to 160, Ebury Street, about 4.30 on July 8. I told prisoner I was a police officer, and knowing what I was going there for, I said, "A man has given you this cheque, has not he?" She said, "Yes." I said, "You go straight back to him as if you were going to give him the money." I followed her and eventually arrested him in Buckingham Palace Road. I then conveyed them to the station, where the charge was preferred against them. I cautioned the woman and she said, "I shall tell the truth." I took a statement from her in writing: "I am sorry if I am doing anything wrong. A man gave me a cheque in an envelope to take to Belgrave Road. They could not cash it there and sent me to the Ebury Street shop. When I took him the envelope with the cheque in it and told him they could not cash it he said, Well, we will try there. There is nothing like trying; we will see if we can change it there. He gave it back to me and said, 'Take it to the shop in Ebury Street. 'At the corner of Buckingham Palace Road and another turning he said, 'I will wait here; bring the money back to me if you get it; if not, bring the cheque back. 'I have only known him two weeks."
Cross-examined. When she went out to meet the other prisoner she hardly seemed to know how to get there. He was 400 to 500 yards, off round a corner. When I arrested him he said, "It is no use your detaining this woman, as she knows nothing more about it than this umbrella. I will take all the blame." At the station he handed me two more envelopes sealed and addressed to tradesmen. They both contained cheques. The man's statement, which I took first, was, "She is innocent. When she went to the other shop of Heximer's at Ebury Street, I said, we can but try. That is all right. Don't trouble all these people to come up against me. It is no use troubling. You had got me bang to rights."
E. H. Stoner. I got the money out of the cash-box, put it an envelope, sealed it down and gave it to prisoner. As it was the name of one of our customers, I had no doubt about it.
Miss CUTTS, 27, Montagu Square. I have been housemaid to the Rev. Stoner 12 years. I know his handwriting very well indeed. This is not his writing.
MARGARET MCCARTHY (prisoner, on oath). The statement I made when taken into custody is true. I should not have taken the cheques to cash if I had not thought they were all right. I met the male prisoner first on July 5. He offered me employment. I had no idea the cheques were forgeries. I did not see them until I went into the shop.
Cross-examined. (At Counsel's request prisoner wrote the words, "oblige, "enclosed, ""six, "and "Webster, "and the paper was handed to the jury.) I had been out of employment two weeks when I met James. He thought he knew me and I thought I knew him; we were mistaken. He said he would give me some employment, canvassing, and there would be some commission. I was upset when I made the statement to Sergeant Besley. I told him I was engaged to collect money for cheques. James did not say why he was going about and wanted me to do that or why he could not do it himself. I asked him where his office was; he said, Covent Garden. I thought it was kind of him to offer me employment as I was a stranger. As to it occurring to me as being strange he should not be able to collect cheques and want me to go round I thought they would give it to me when they would not give him the money, and he did not like to go. He told me he would give me 10s. to pay for my furnished room. When I went to 12, Belgrave Road, Miss Trower said she had not the change, not the full amount. I said, "Cannot you give me a little, then." She said, "No; go to the head office." I said, "Will you direct me; I don't know where it is." When I saw Mr. Heximer, he said, "Who gave you this cheque?" I said, "The gentleman." He said, "Are you his servant?" I said, "Yes; I am his servant." James told me to say that. He did not say I was to take part of the money if I could not get all. I thought it would be a little for him as he was collecting and they could send the rest on. I am sorry to say I do not know much about cheques. Verdict (McCarthy), Not guilty.
James confessed to a conviction of felony in the name of George Norton at Clerkenwell Sessions, May 23, 1903.
Prisoner was further indicted for that he is a habitual criminal.
Sergeant BESLEY proved service of the statutory notice upon prisoner.
Ex-Sergeant TAYLOR. I was present at this Court on October 20, 1888, when prisoner was sentenced to six years' penal servitude in the name of Montague, for uttering forged orders. The following
convictions were then proved: July 29, 1865, Worship Street, larceny, two months, George Farrell; February 5, 1866, Middlesex Sessions stealing, six months, George Farrell; May 1, 1871, Surrey Sessions, fraud, six months, George Farrell; November 20, 1871, C. C. C., forgery, seven years' penal servitude and seven years' police supervision, George Farrell; August 6, 1888, 10 years' penal servitude and five years' police supervision, forgery, George Farrell. I was also present at this Court on January 8, 1894, when he was charged with forgery and sentenced to 10 years' penal servitude and three years' police supervision as George Norton.
Inspector CHARLES BELCHER, Criminal Investigation Department, Scotland Yard. I was present at North London Sessions on May 26, 1903, when prisoner in the name of George Norton was sentenced to seven years' penal servitude and three years' police supervision. That entailed the forfeiture of his licence. I have never known him do a single day's work since the 1894 conviction.
JOHN JAMES (prisoner, not on oath). This indictment says that I have persisted and never tried to get employment at all. I did try to get employment when I came home last time and could prove it by calling Mr. Wheatley. I asked him to find me employment. He said, "What are you?" I said, "Trade, mason." He gave me a note to Mr. Mowlem. They said they were very sorry, they were not able to employ their own hands; if I came in a few months' time they might be able to give me something. I went back and told Mr. Wheatley the result. I said, "What are you going to do next?" He said, "That is all I can do for you." A man must live; that is certain. I was very heavily handicapped. I am not telling fairy tales; these are facts. Every time I am apprehended I lose everything I possess. They strip me of everything when I get to the convict prison. After I have done my term (I work very hard and get nothing for it) they dress me up in uniform which is known to every policeman, the underclothing is precisely the same as I wear in prison except the Government mark; in fact, I am marked as I walk about the streets. I never go wrong except in money matters, but I must have money; it is no use mincing the matter.
Sentence, Three years' penal servitude and Five years' preventive detention.
BEFORE MR. JUSTICE AVORY.
(Monday, September 11.)
HILL, Edward (41, fireman), was indicted for and charged on the coroner's inquisition with the wilful murder of Mary Jane Hill ; he was also indicted for feloniously setting fire to the dwelling-house of Frances Barton, divers persons being therein.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Purcell and Mr. A. C. Fox-Davies defended.
Mrs. JOANNA DODGE, 27, Currie Street, Nine Elms. I am an ironer at the Times Laundry, King's Cross Road; the deceased, who also worked there, lived with her mother in Elliott's Row, Kennington, until on her marriage to prisoner she went to 22, Caledonia Street. On July 25 about 7.50 a.m. I called at the latter house and saw deceased in her room on the top floor; she was dressed, with the exception of her hat, ready to go to work. Prisoner was lying on the bed in his pants and undervest, apparently asleep. The room was in great disorder; there was flock all over the floor. On seeing this, I said, "My God!" Deceased said, "Yes, it is 'my God, 'Jo; he has done me for 22s. that I borrowed off his mother to lend the girls over in the laundry." After staying a few minutes I left. Deceased told me she was not going to work until the afternoon as she was going over to her husband's mother. On July 25 I picked out prisoner from a number of men at the police station.
Mrs. EMMA DOBBS, 33, Elliott's Row, prisoner's sister. On July 24 deceased came and saw me and my mother; mother lent her 22s.; it was handed over in silver. Mother used at times to lend deceased money.
Cross-examined. I knew deceased nearly four years; she was a very heavy drinker. She would lie about on the floor or anywhere when drunk. She always wore something round her neck, some white scarf.
Mrs. FRANCES BARTON, 22, Caledonia Street. On July 25 I had a Mr. Hawke staying in my top second-floor back room; he is 70 years old and is now dying in the infirmary. On July 20 deceased took the second-floor front room at 4s. a week. On the 22nd furniture was moved in, and deceased and prisoner came in at 11 that night. Prisoner said to me, "You must excuse us having a drop to drink, as my wife is upset through leaving the old girl "; he said they had been married a week. On the 23rd and 24th I saw deceased and prisoner, but nothing passed. On the 25th about 2 a.m. I heard three knocks at the front door. Looking out of my window I saw prisoner; I sent my servant, Mrs. Butlin, to tell Mrs. Hill, and the latter came down and let prisoner in. About eight that morning deceased came into my room and spoke to me; she had on a grey skirt and a white blouse. She came in and out several times up to about 10 dressed in the same way. She seemed in the best of spirits, very cheerful. About 9.30 she handed me 6s. to mind for her. She left me about 10 and went to her own room. Ten minutes afterwards I heard a hurried footstep on the stairs, once coming down, once going up, and once coming down again; it was a light footstep, but like a man's. From the time deceased left me until I heard the footsteps I heard no sound from the top room. About quarter to 11 some one came and told me the top rooms were on fire.
Cross-examined. I had no clock, and can only guess the times. I did not see deceased after she left me at 10. I had heard prisoner's footsteps on the stairs before, and that made me presume that the footsteps I heard this time were his. I did not see him. At that time the only people in the house were myself, Mr. Hawke, Mrs. Butlin Mrs. Gordon, Mr. and Mrs. Gooch, and Mr. Sibthorpe. There is only 0118 staircase; the scullery (used in common) is in the basement; the wooden stairs were uncarpeted.
Re-ex-aimined. There was no other man in the house who could have to go up to the second floor except Hakwe; and he could not get up two stairs at a time, being very feeble.
Mrs. EMILY BUTLIN, charwoman to Mrs. Barton. On July 25 I saw deceased at 7.30 a.m. dressed ready for work, in a grey skirt and white blouse; at 9 I saw her again, in the same dress, and we went to the "Albion" public-house. At 10 I saw her on the landing going into her room door. As she opened the door I saw on the bed the figure of a man in his drawers; I could not see the face, only the legs; I cannot swear it was prisoner. I then went downstairs. Hawke was in the yard smoking. When I went up at 10 o'clock I noticed no smell of fire. (To the jury.) Deceased did not have a scarf on.
Cross-examined. I heard no sound of any quarrelling or struggling. I have never seen deceased wearing a scarf.
Mrs. ELIZA MILLER. I worked at the Times Laundry with deceased. On July 17 I went to 33, Elliott's Row and there saw deceased and her mother and prisoner. The mother used to lend me money. Deceased showed me her marriage certificate; the date was July 16, 1911. I think she was more than 50 years old. On July 24 I went to 22, Caledonia Street about 8 p.m. and saw deceased with prisoner in their room. Deceased was sitting on a chair in her nightdress. I said "Good God, arn't you well?" She said, "I am all right, but I am worried; I have hid the girls' money and cannot find it." Prisoner put on his cap and went out while she was speaking. I noticed a lot of flock on the floor. I helped deceased to look for the money, but we found none. Next morning I called just before eight; I saw deceased in the landlady's room, first floor, with Mrs. Butlin. Deceased was then dressed; I did not notice whether she had a scarf on. Generally she had a silk handkerchief or something round her neck. Just after one that diay, after I had hdard about the fire, I went to 33, Elliott's Row and there saw deceased's mother and sister-in-law. I saw prisoner there, but did not speak to him. He went away in the direction of the "Gibraltar" public-house.
HARRY BLAND . On July 25 I was standing outside the "Waterman's Arms, "from which I could see 22, Ca Jedonia Street. About 10.45 I noticed a fire in the top room. I ran to the house and went upstairs; the top-floor front room was burning; there were flames over the bed and underneath it, round the doorway, and on the wainseotting.
As soon as I could I entered the room and saw the body of a woman lying on the floor between the table and the fireplace, with two pillows over her face; I pulled these off, and dragged the body to the door and handed it to a policeman. There was a lot of flock round the body and strewn about the room. The woman was lying on her back, straight out, full length.
Police-constable WILLIAM KNIGHTS, 120 G. About 11 a.m. on July 25 I went to 22, Caledonia Street and up to the burning room. I took the woman out of the room from Bland; she had on two petticoats, a chemise, and a pair of black stockings. When I got her to a room on the floor below I noticed a piece of white linen round her neck; it was tied twice round with a double knot at the left side of the windpipe; it was tied very tight; I could not get my knife between the flesh and the linen; the flesh had overlapped the linen; I cut the knot through; in doing so I cut off about three inches of the linen. I noticed two burns on the top of the abdomen and some on the arms and wrists. I think the woman was dead when I first saw the body. In the room where the fire was the floor was covered with flock; the body was lying on top of the flock; immediately under the body was a small bolster. There was nothing burning either under or close to the body. One of the petticoats and the chemise were slightly scorched. Over everything else the woman had a nightdress on. I noticed a smell of paraffin in the room.
WILLIAM GEORGE HARRIS , fire brigade officer. Euston Road Station. I got the call to this fire at 10.55 a.m., and reached the place in three or four minutes Smoke was coming from the second-floor front window. Going up I found a quantity of fire under the bed in the left-hand corner and a fair amount of smoke. The further side of the room, round the windows, was badly scorched. Examining the under side of the bed I found it was all burnt away. I found a lamp standing pretty well in the centre of the floor beneath the bed; the lamp was not then alight; it had no chimney on; there was no oil in it. The floor was very much charred all round where the lamp stood. I think the fire started in the centre underneath the bed. There was a lot of flock on the floor; that had not been burnt.
Cross-examined. There had been no paraffin put on the flock. I did not smell any paraffin at all. (To the Court.) Speaking from my experience I should say that the lamp had been lit under the bed; the bed had not been set fire to from the sides or at the top, but underneath, at the place where the lamp stood.
Mrs. SELINA HILL, wife of prisoner's brother. On July 25 about 10.45 a.m. I went to 33, Elliott's Row and there saw prisoner; he was a little the worse for drink. He said he had had a row with his wife and she had sent him home for the curtains; he expected she was going to work at one o'clock, and he would go home and get the place tidy and put the curtains up before she got back. He said that his wife had given him half a quartern of whiskey that morning. I stopped there till prisoner went out at 10 to 2; I left with him; before then Mrs. Miller had called.
Inspector TOM RODGERS, G Division. On July 25 I saw prisoner detained at Kennington Lane Police Station, and took him to King's Cross Road station; he was violent and had to be handcuffed. On the way to the station he said, "I know nothing about the woman; I am not married; you have made a mistake; you want my brother." At the station I told him he would be charged with murdering his wife and setting fire to 22, Caledonia Street. He said, "When did this happen? I have not been there to-day. They took me from over the water." In answer to the formal charge, he said "I was not there; they took me from a public-house over the water."
Inspector ALBERT COURTYARD, L Division. On July 25 at 2 p.m. I went to the "Gibraltar" public-house and saw prisoner. I said to him, "Hill, where are you living?" He said, "Caledonian Road." I told him I should arrest him. He said, "You cannot take a sober man from a public-house; I am not drunk; what are you taking me for?" I told him he was wanted by the police of the G Division. I took him to Kennington Lane station; he was very violent and had to be taken on the ambulance.
Inspector ERNEST CARD, G Division. I saw prisoner detained at Kennington Road station on July 25 between two and half-past; he was not drunk, but had been drinking. I told him he would be taken to the King's Cross Road station on suspicion of having murdered his wife at 22, Caledonia Street that morning. He replied, "I was not over at Caledonia Street this morning; I was over here with my mother at 33, Elliott's Row." He added, "I bar murder; do not put that on me" As I was taking him to the cells at King's Cross station be said, "This is what beer brings you to." I went to 22, Caledonia Street and found on a shelf in a corner of the room where the fire took place the glass chimney produced (fitting the lamp found under the bed).
Sergeant JAMES LAING, G Division. On July 27 I found in the top front room at 22, Caledonia Street the marriage certificate produced. I have tested the time it takes to get from Caledonia Street to Elliott's Row; going by electric tram or motor-'bus it took half an hour.
Cross-examined. I did not test the time it would take to walk all the way; it is all three miles—say three-quarters of an hour to an hour. (Counsel put to witness the route subsequently spoken to in prisoner's evidence; witness said it might take an hour and a quarter to walk that way.) I knew that deceased had been drinking on the morning of July 25.
GEORGE SPRAGUE , keeper of Islington Mortuary. From the coroner's officer I received the dead body of a woman on July 25; there were on it a nightdress, a chemise, an undervest, two petticoats, and black stockings. The stain on the petticoat produced was probably caused by the escape of some bloody fluid from the mouth as I removed the body from the shell to the table for the post-mortem examination.
had been a well-nourished woman, rather stout, aged about forty-five. When I saw the body there were no external marks on the neck; under the skin at the front of the neck was a small hemorrhage; there was another small collection of blood at the back in the lining membrane of the upper plant of the gullet. I have heard Knight's evidence. What I found might have been caused by a piece of rag tied as he described. The lungs were in a state of congestion, due to partial suffocation. There were signs of fatty degeneration of the heart. At the back of the head there was a small hemorrhage, which might have been caused by a blow or a fall on some hard ubstance. The cause of death was syncope, due to fatty degeneration of the heart, aggravated by a condition of partial asphyxia; the suffocation was the cause of the heart stopping. I found marks of burns on both wrists and forearms on the outside, on the left foot, and three small patches on the stomach; these burns might have been caused either at the time of death or shortly afterwards. There are no marks of burning on the petticoats corresponding to the burns on the stomach.
Cross-examined. The condition of partial suffocation that I found was certainly due to some interference with the passage of air into the cheat, but I cannot say definitely how that interference was caused. A person with fatty degeneration of the heart may die at any moment from the slightest cause, but there must be some exciting cause; fear or any strong emotion might be sufficient. I cannot say whether the amount of strangulation of which I found indications would have caused death apart from the syncope. (To the Court.) With a heart like this woman's, the syncope or faintness might occur immediately pressure was applied upon the air passages.
Prisoner's statement before the magistrate was read; it was substantially in agreement with his evidence next reported.
EDWARD HILL (prisoner, on oath). On July 24 my wife came home between seven and eight; she was the worse for drink. We afterwards went out marketing and had some more drinks. When we got home she went upstairs; I first went into the yard. When I got up to our room she told me that before she had gone out she had "planted" some money, and now could not find it; she was turning the bed over. She asked me to help look for the money and I did so. She said she thought she had put it in the mattress. I therefore got the flock out of the mattress and spread the flock on the floor to see if there was any money amongst it; there was none. Mrs. Miller came in while we were searching and I went out. I went over to my mother's, intending to ask her if she could make up to my wife the money she had lost; on getting to the house I saw through the window that there was someone with her, and I went for a stroll. I had several drinks and did not go to mother's at all. I cannot say exactly when I got home as I was drinking very heavily. I woke up in the morning and my
wife 'told me it was five o'clock. I asked her how I got home, as I only remembered being over the water last night. She said I got home at two in the morning. She seemed to have been drinking, also. She asked would I have a drop of whisky. I asked her where she had got it from; she said I had brought some home with me. We did not have a quarrel, only a few words; she said, "You cur, either you or somebody has done me for my money." I said, "You have made a mistake." She asked me to go over the water before dinner time to fetch some curtains that she had ordered from her pal Agnes (Adlin). She said she was not quite sure whether she would go to work the first thing or at dinner time. After this I took off my coat and waistcoat and boots and lay on the bed and went to sleep; in fact, as I was drunk she put me on the bed. I woke up, I think, about nine; there was no one in the room; I did not know whether my wife had gone to work or bad gone over the water about money. I dressed and went out to go over the water to see about the curtains. I walked down Grays In Road and Holborn to Btackfriars Bridge, and along the Embankment; sat down on a seat there for a short time; walked as far as Westminster Bridge and then heard Big Ben strike ten; crossed the bridge, went down Lambeth Road to Oswyn Street to the "Little Wonder "public-house; there met Mrs. Gould and Mrs. Hopkins with a child. After having four or five drinks in the "Little Wonder" I went to 33, Elliott's Row; there I saw mother and Mrs. Selina Hill. I stayed till just before two; then went to other public-houses; finally to the "Waterman's Arms," where I was arrested. I do not exactly know what I said to the policeman, as I was drunk; very little drink upsets me. I cannot see how the police can say that I was not intoxicated, when they kept me at the station for hours before I was charged, and took me to an open window to bring me round, as they put it. I did not tie the linen rag round my wife's neck; I had no reason to injure her; we were very friendly together. The piece of rag produced I recognise as one that my wife used to get from the laundry; she frequently wore such things round her neck; there were dozens of them in a box that she kept under the bed. As to the lamp, I could not say for sure whether it was under the bed; very likely it was, there with other things, as we had only just moved in. It had not been lit while we were in that house.
Cross-examined. The tattoo marks on my body I have had for 30 years. I have been to sea, but only on a coal boat as a trimmer. At sea I never learned anything about tying knots; I was always down below. I had known my wife some time before I married her; I knew that she was working in a laundry earning 24s. a week. She used to borrow money of my mother nearly every week, generally on the Tuesday. At the time I married I was not in work. The only money I had was odd sums that my mother used to give me for doing repairs about the house. I was married on Sunday, July 16. On that day I had a sovereign of my own, out of which I had to pay 14s. for the certificate. During the week after my marriage my mother gave me about 8s. or 9s. altogether. On the 22nd, when I went into 22, Caledonia Street, I had altogether 22s. on me. That was 2s. of my own
I and £1 that mother gave me to get my clothes out of pawn. They were not taken out of pawn because I was moving and I was in drink. On the 24th my wife complained to me of having lost 22s. I went to my mother's to try to borrow the money to help my wife. The reason I did not myself help her from the money I had was because, I meant to get my clothes out of pawn. My wife was in the habit of getting drunk and she used to hide her money in odd places. On the morning of July 25 I woke up, I think, between eight and nine; I can only fix the time by the fact that I went out and walked as I have described, and distinctly remember Big Ben striking 10 when I got to Westminster Bridge. I did mot before I left the house ask anybody where my wife was. I can only account for the lamp being under the bed by saying thai it might have been shoved there out of the Way when we were moving in. I never saw my wife after we had our conversation at five o'clock. I do not remember what I said to the police. I can give no explanation of my wife's death except to suggest that she might have lit a match to look under the bed for one of these pieces of linen, or a blouse or something, and so set fire to the bed.
Mrs. AGNES ADLIN, Mrs. HOPKINS, Mrs. GOULD, and Mrs. HINES were called in support of prisoner's story as to his movements on the morning of July. 25.
(Tuesday, September 12.)
Mr. Justice Avory said the (prisoner's previous record threw a considerable light on his conduct. Ever since the year 1891 the prisoner had been leading a persistently dishonest and violent life. In 1903 at this very Court he was convicted of settling fire to a dwelling-house, persons being therein at the time, and was sentenced to ten years' penal servitude.
BEFORE THE RECORDER.
(Monday, September 11.)
DE LANTAY, Ivan (41, correspondent), and NEVILLE, Harry (38, artist) pleaded guilty , of unlawfully proposing to abstain from printing and publishing certain matters and things touching Elmer Sydney Prather, with intent to extort money.
De Lantay was a late employee of the prosecutor, who carried on a large business in this country and America of reading character by handwriting. He now withdrew all the allegations which he had proposed publishing with regard to that business and promised not to repeat the offence. Neville, it was urged, was merely the agent between De Lantay and the prosecutor.
Sentences: De Lantay, 15 months' hard labour; Neville, Three months' hard labour.
Mr. Leycester prosecuted.
Police-constable WILLIAM HUTCHINGS, 961 V. At 12.15 a.m. on July 9 I was on duty in Church Road, Battersea, when I saw prisoner very drunk; he was using offensive language to passers-by. I went to caution him, but before I could speak he kicked me with his right foot in the left groin, saying, "There's one for you, you rotton b—to start with." He also spat in my face. I fell forward and, in so doing, caught him by the neck and we both went to the ground. We struggled for several minutes and then I got him on his feet and told him to come quietly. We had got about 200 yards towards the station when he threw himself to the ground and we had another struggle. I held him down until Police-constable Logan arrived. We got him on his feet, and in doing so he twisted round and kicked me with his right foot in the lower part of my stomach. We took him to the station; he behaved very violently all the way. He was so violent at the station that we had to take his boots off. I was exhausted and in pain. I was off duty till August 14. I am now wearing a truss. Police-constable HERBERT LOGAN, 403 V, corroborated the evidence of the previous witness.
Police-sergeant GEORGE MITCHELL, 81 V. I was on duty at Batter-sea Police Station on the early morning of July 9 when prisoner was brought in. He was very drunk and very violent. When charged with being drunk and disorderly and with assaulting Hutchings by kicking him he denied the drunkenness, and I called in Dr. Kempster, who certified him to be drunk.
FELIX CHARLES KEMPSTER , Divisional Surgeon. At 12.30 a.m. on July 8 I was called to the Battersea Police Station, where I saw prisoner and certified him to be drunk. Prosecutor was doubled up in great pain and vomiting. I found the right testicle very swollen and painful and both sides of the groin and the upper part of the thigh were swollen; they were such injuries that might have been caused by at least two kicks. I sent him to bed. On the following morning he was worse. He was off duty till August 14. The Chief Surgeon, Mr. Dent, saw me in consultation about him. He is severely ruptured on the left and partly ruptured on the right side. He is now wearing a truss, which he will have to wear for the rest of his life; he will eventually have to be operated upon. It would be very dangerous if he had another encounter like this.
Detective-sergeant JOHN PARKER, V. Division. Prisoner was brought up before the magistrate on July 10 and remanded till the 18th. He was then charged with maliciously causing grievous bodily harm to Police-constable Hutchings by kicking him. He said, "I did not lift my foot; I was too overpowered. This is nonsense—waiting to see how the chap gets on. Why did not they deal with me last week for being drunk and assault?
Prisoner, called upon for his defence, stated: "I have nothing to say."
Verdict, Guilty of causing grievous bodily harm with intent.
Prisoner confessed to a previous conviction of felony at this Court on June 24, 1907. He was on that occasion sentenced to three years' penal servitude for assault upon a policeman. Five other convictions were proved dating from 1904, one being for robbery with violence and two for assaults. It was stated that when drunk prisoner lost all control of himself; when sober he was quite harmless, but he did no work.
Sentence, Seven years' penal servitude, the Recorder describing him as a dangerous and habitual criminal.
"WARREN, John (21, labourer), HUTCHINGS, Harry (25, dealer), WALTON, Arthur (20, seaman), THOMPSON, Henry (24, fitter), and RAWLINGSON, Joseph (28, painter) , feloniously breaking and entering the warehouse of the Motor House, limited, and stealing therein five mackintoshes, a quantity of tools and other articles, their goods.
Walton and Thompson pleaded guilty.
Mr. Huntly Jenkins prosecuted; Mr. Purcell defended Warren, Hutchings, and Rawlingson.
CHARLES LEXIAS . I am 15 years old, and am apprenticed as motor-mechanic at the Motor House, 318, Euston Road. I have known Walton and Thompson for about two years. I met them about five times before June 22, the date of the robbery. About a week before this I met them at the corner of George Street. Warren came along and Thompson said, "Here comes Warren," and told me to stand aside. I stood aside, and there was some conversation between them. Thomp-son then said something to me. On June 25 I met them all in Exmouth Street. Thompson said to me, "We have finished the job now"; Warren was about three yards off at the time. He then went to them and called me over, and said to Warren, "This is the chap who works at the Motor House," referring to me. Warren said, "You are the chap then that works there," and he told me not to say anything about the robbery at all. I knew that he meant the robbery on the 22nd, and I said I would try and keep it secret. I communicated with Sergeant Seymour.
Cross-examined. At the police court I may have missed out saying that Thompson said, "We have finished the job now."
WILLIAM RODBURN , floor layer. On June 22 I was directed to do some work at 318, Euston Road. I went round to find the caretaker as I could not get in, and as I was returning I saw a covered van outside; on it was a carman and two young fellows; I cannot swear to them; the two men were carrying out motor-tyres from the side door. It was driven away hurriedly.
JOSEPH ERNEST PUXLEY , accessory manager to the Motor House. I left the premises safely locked up on the night of June 21; nobody was left in charge. They were not reopened until June 26. when on arriving in the morning my attention was drawn that the back part had been forced open. A large quantity of tyres, motor coats,
caps, lamps, and other things was missing. The value was afterwards estimated at £400. I identify this mackintosh and cap (Exhibits 4 and 5) as our property.
JAMES BARLING , furniture remover, 75, Little Albany Street. About 2 p.m., June 26, Hutchings and Rawlingson came to hire a van to move some goods; they said they wanted plenty of mate as they had some chimney pieces to remove. I sent my carman with the van. During the afternoon he returned and gave me a piece of paper with a telephone number on it.
FREDERICK WILLIAM KENT , carman to James Barling. On June 26 I was left in charge of 75, Little Albany Street, when Hutchings and Rawlingson asked me if my guv'nor would let them hire a van to move some chimney pieces, and they would want plenty of mats to prevent the stuff being broken. The guv'nor said they could have one. Hutchings gave me 2s. 6d. and we went with the van to the "Manchester Arms," where we had a drink; Hutchings remained in the public-house while Rawlingson was away about 10 minutes. We then went to Portman Mews and at a little side turning there between 12 and 18 motor tyres were put on the van. From there we went to a public-house in Carlton Road, Kentish Town, where they had another drink. In a side street the goods were removed from my van on to a motor van. I was then discharged and went home. I took the name and the number on the motor van.
Hutchings and Rawlingson at this point withdrew their plea of not guilty and pleaded guilty to receiving. A formal verdict to this effect was subsequently taken.
Detective-sergeant JOHN SEYMOUR, S Division. At about 4 a.m. on June 28 with other officers I went to 57, Bartley Street, Somers Town, where I saw Warren and his wife. I said to him, "We are police officers. We are making inquiries respecting the case of ware-house breaking at the Motor House, 318, Euston Road. As a result of my inquiries I am going to arrest you for being concerned with others in breaking and entering the warehouse and stealing a quantity of tyres, motor coats, mackintoshes, etc." He said, "I know nothing about it. I have got nothing here. You can have a look round." Police-constable Askew found the lady's mackintosh in the middle drawer of the chest of drawers and this cap hanging up behind the door facing prisoner, who was in bed. The tag on the coat has been removed and a piece has been cut out from the inside of the cap. I said, "How do you account for the possession of these?" and he said, "I know nothing about them"; his wife said the same thing. As we were about to leave with prisoner his wife said, "On Saturday last two men, one on a bicycle, rode up and asked me if I could do with a mackintosh and this has been here since. The man gave me also a cap." Warren said, "You had better lock up my wife." When charged at the station he made no reply. Afterwards he said, "I'm not going to suffer for others. I believe someone in the firm
is connected with this, but I don't know his name. I don't know much about the other men. My wife knows more about them than I do." On July 13, at the police court, he said, "Thompson and Walton did bring some stuff to my house, but someone called and said that Thompson and Walton had sent him for it and took it away." By that time all but Rawlingson were in custody.
Cross-examined. Both prisoner and his wife were very nervous.
J. E. PUXLEY (recalled). I notice that the tag has been cut off from this mackintosh; it contained our name and address. Part of the lining in the cap, containing also our name and address, has been cut out.
JOHN WARREN (prisoner, on oath), 57, Bartley Street, Somers Town. I immediately said to the police-sergeant he could look round. I could not tell him anything about the cap and mackintosh because they were not given to me. I did not take any notice of them and when I said there was nothing there I did not know they were there at the time. I can explain how my wife got them; she told me.
Cross-examined. I knew none of the other prisoners before this nor Lexias. All that Lexias has said about me is false; I never spoke to him in my life that I know of. I wish to call Walton and Thompson to deny that I was in their company either before or after the robbery. I knew nothing whatever about any robbery. The first time I saw Walton and Thompson was on June 25; they came and asked me and my wife if we would mind their luggage as they had nowhere to put it. My wife, who knew them, introduced them to me. We said we would, and they fetched four portmanteaus, which they left in our room. My wife tells me that before they went out one of them handed her the mackintosh and cap, saying that it was no use to him. I was present at the time. Piles was not with them; I know a cabman of that name. They sent someone on the following night who fetched the portmanteaus away. I never saw the contents.
Verdict (all), Guilty of receiving.
Warren, Walton, Thompson, and Hutchings each confessed to a previous conviction. Warren was still under probation. He was stated to be an associate of a clever gang of shopbreakers, and to be a dangerous criminal. Three further convictions were proved against Walton, at one of which he was sentenced to 12 months' in a Borstal institution. Two further convictions were proved against Hutchings and one against Thompson.
Sentences: Warren, Walton, and Thompson (each), 18 months; Hutchings, 12 months; Rawlingson, Three months; all with hard labour.
BEFORE THE COMMON SERJEANT.
(Monday, September 11.)
LONINGER, Leopold (34, farmer), and LONINGER, Helen (28), both attempting to obtain by false pretences from Madge Gerber £40, with intent to defraud; both feloniously demanding with menaces the sum of £40, the moneys of the said Madge Gerber, with intent to steal the same.
Leopold Loninger pleaded guilty of demanding money with menaces (counts 3 and 4). No evidence was offered by the prosecution against Helen (who was the wife of the male prisoner), she being considered to have acted under the direction of the husband, and a verdict of Not guilty was returned.
Sentence (Leopold Loninger), 12 months' hard labour; recommended for expulsion under the Aliens Act.
DESMOND, John Michael (55) , forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £33 7s. 9d., with intent to defraud; obtaining by false pretences from George Henry John Holland £33 7s. 9d., the moneys of C. and E. Mills and Co., Limited, with intent to de-fraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £33 7s. 9d., with intent to defraud; obtaining by false pretences from Robert Chapman £33 7s. 9d., the moneys of C. and E. Mills and Co., Limited, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £17 8s. 3d., with intent to defraud; obtaining by false pretences from William Robert Colebrook £17 8s. 3d., the moneys of Caterers', Limited, with intent to defraud.
Mr. D. Cotes-Preedy prosecuted.
The indictment for forging and uttering cheque for £33 7s. 9d. to R. Chapman was first tried.
CHARLES MILLS , Ivy Walls, Barnes Common, managing director of C. and E. Mills, Limited, licensed victuallers, owning a number of public-houses, including "The Chapel House," Islington. On January 22 I received letter (produced), purporting to come from Archibald Kaye, of 320, Green Lanes, written on" Liverpool Street Hotel" paper, asking for an appointment. I wrote, making one for June 26. On June 26 I received a postcard from Kaye, stating that he had to go to Burton and would see me in a few weeks. Letter produced, signed "C. Mills," is a forgery: "Dear Sir,—Introducing to you Mr. Burr, of Messrs. Burr and Son. Kindly get as good order from him as you can. He will send his cart to fetch it. Cash cheque on my private account and oblige.—Yours truly, C. MILLS".—Card (produced) "C. and F. Mills and Co., Limited, Wine Merchants, 120, Wool Exchange," is not my card. My company have no address cards printed. Cheque drawn on June 24,1911, "London Joint Stock
Bank, Limited, Peckham Branch. Pay Messrs. Burr and Sons, or Order, £33 7s. 9d., C. Mills," is a forgery. I did not see prisoner on June 24.
Cross-examined. In 1909 Mr. and Mrs. Hubbard were employed to manage "The Bull" public-house, High Street, Kingsland, for about eight months. I had no reference with them. They were dismissed because the receipts were not satisfactory. On June 26 I saw Mrs. Smith at "The Bull." Hubbard, I should say, was about three stone lighter than the prisoner.
SAMUEL MENDOZA , "Chapel House" public-house, barman. On June 24 prisoner asked for the manager and handed me the card produced; he saw Chapman. Prisoner wore the Trilby hat and light coat produced. I am positive he was the man.
ROBERT SAMUEL CHAPMAN , manager "Chapel" public-house. On Saturday, June 24, at 4.30 p.m., Mendoza brought me a card and I saw the prisoner. We had a drink together, he produced letter purporting to come from C. Mills. He said he was doing some repairs at the "Sir William Walworth" public-house belonging to my company; he handed me cheque produced for £33 7s. 9d., endorsed it "R. Burr and Sons" in my presence, and I cashed the cheque believing prisoner to be R. Burr. On June 26 I paid the cheque into the London and S.W. Bank; it was returned marked "No account." I then communicated with Mr. Mills. I have no doubt prisoner is the man.
Cross-examined. I picked prisoner'out at the station from 12 other men. Mendoza also did so. There were bigger men than prisoner. Prisoner wore a moustache. Mendoza never said to me he could not identify the man. Prisoner wore the hat and coat produced.
ARCHIBALD KAYE , 27, St. Mary's Grove, Gunnersbury. I am employed by Bass and Co. Prisoner is acquainted with me and knows that I never lived at 320, Green Lanes. Letter produced signed Archibald Kaye was neither written nor authorised by me.
Cross-examined. I knew prisoner 22 years ago, but have not seen him since 1890 until last year, when he saw me at the Brewers' Exhibition and asked for my card. He said he was independent and that he had made his money in Scotch whiskey.
JULIA HAWKES , 6, Hayling Road, Stoke Newington, lodging-house Keeper. Prisoner lodged with me up to August 13, 1910; afterwards he occasionally visited me. On Coronation Day, June 22, 1911, he asked me to go to a newspaper shop next the Manor House, Green Lanes, and fetch a latter in the name of Kaye, which I did. On June 26 he showed me some money—gold, silver, and copper mixed.
Cross-examined. Prisoner took 6, Hayling Road, in June, 1910, and occupied it with Hubbard; I arranged to act as housekeeper to prisoner and as nurse to Hubbard's three children. Prisoner occupied a room there until January, 1911. The furniture belonged to prisoner and Hubbard. Prisoner had a great many papers in his room. Last year Mr. and Mrs. Hubbard were dismissed from "The Bull" and returned to 6, Hayling Road. They brought some provisions with them. They then obtained employment at the "Rochester
Castle" public-house, Stoke Newington. There were frequent disputes between prisoner and Hubbard as to who ought to pay the rent There was a violent row. Hubbard afterwards paid me £1 a week for the rent and the keep of the children. Prisoner left in January and went to 35, Mayville Street. In May I helped prisoner with his luggage when he went to Birmingham. He sent me a postal order and a key; I got the rent book from his drawer and paid two weeks' rent and gave Notice to leave. Up to Coronation Day prisoner was clean shaven. After Coronation Day I sent to tell prisoner that the Hubbard's had come home; I could not say the date. I met prisoner at 9.50 p.m. on a Saturday in June at Euslton coming home from Birmingham: it, was before the Coronation—on June 17, not 24. I went to the Mil dm ay Club with prisoner to help with his luggage; that was before the Hubbards left the "Rochester Castle" and returned to 6, Hayling Road. On June 29 I packed prisoner's bag; he went to Lincolnshire; I believe I packed coat produced. On July 11 I went to 35, Hayling Street, saw prisoner, and had a row with him; he punched me, gave me a black eye and pushed me in a room; the landlord let me out.
Cross-examined. I do not recognise prisoner.
WILLIAM GEORGE COXEN , 21, Hart Street, Bloomsbury, wine merchant. I am familiar with prisoner's handwriting. Letters of Archibald Kay and endorsement of cheque (produced) are prisoner's writing, in my opinion.
Cross-examined. Prisoner was for 15 months under me acting as agent and traveller for Alexander and McDonald, of Leeds; I received numerous letters from him; he was afterwards dismissed, he issued a writ against me, which was dealt with by Alexander and Co.'s solicitors.
ERNEST PICKARD , secretary of Caterers, Limited, 21, Hertford Street, formerly clerk to Coxen. I am familiar with prisoner's writing; letter of Kaye and endorsement of cheque (produced) are in his writing.
HENRY CECIL YOUNG , cashier, L. and S.-W. Bank, Peckham, Prisoner had an account at my bank from April, 1902, to November, 1906, which was closed by a garnishee order and the balance, £3 14s. 6d., paid to the City of London Court. Cheque-book containing six blank cheques produced was issued to prisoner on April 12, 1906; the cheques are stamped "13th Nov., '05." Cheque of "C. Mills" to R. Burr and Sons, £33 7s. 9d., is stamped on the same date and has probably come from the same book; I cannot say certainly as the number has been erased. The endorsement, "R. Burr and Sons," and the body of the cheque are, in my opinion, in the same handwriting.
Cross-examined. I cannot say that the cheque or the endorsement is prisoner's writing.
SARAH ELIZA COLES , wife of John Edward Coles, 35, Mayville Street. On January 28, 1911, prisoner lodged with me till he was arrested on July 12. He was in Birmingham from May 1 to June 3. He was with us all Coronation week. On June 29 he left and returned July 6.
Cross-examined. On June 24 prisoner went out about 12 noon.
(Tuesday, September 12.)
EDITH MAUDE SMITH , wife of Ernest Smith, manager of the "Bull" public-house, 36, High Street, Kingsland. I have known the prisoner as a customer for about 18 months. At about 12.30 on Saturday, June 24, 1911, he came to my public-house, had a drink and asked if Mr. Mills or Mr. Connolly would be likely to call; I said I did not think they would. He then said, "They used to call on a Saturday." I said, "The never have done so since I have been here," and asked him, "Do you particularly want to see him?" He said, "H'm, well, I did." I asked him, "Did you wish to see him as regards Mr. Hubbard's reference?" He said, "Well, I did." He stayed about an hour; I have never seen him at my public-house since that day. On the Monday following Mills made a statement to me.
Cross-examined. Prisoner may have mentioned the Hubbards to me. I took their place at the "Bull" public-house. Prisoner has said to me many times that the Hubbards trapped him into taking 6, Hayling Road in his name and then left him to pay the rent. I did not tell prisoner Hubbard had been about the neighbourhood a few days before June 24 endeavouring to borrow money. I fix the time prisoner came into the "Bull" at 12.30 because he spoke to three other men who always came in at that time. I did not look at a clock; I am sure it was not 11.15 and I do not think I said at the Police Court that it was 12 noon. I was rather busy that day serving. Prisoner knew Connolly as the secretary of Mills and Co. for some years. I did not hear prisoner say that threats had been made against Connolly and he wanted to warn him.
Detective-sergeant JAMES LAING. At 12.50 a.m. on July 12 I was with another officer in Mayville Street, Mildmay Park, and saw the prisoner enter No. 35. I said, "I am a police officer and am going to take you into custody for forging an endorsement to, uttering a cheque, and obtaining a sum of £33 7s. 9d. from Mr. Chapman, 'Chapel House' public-house, Clerkenwell, on the 24th of last month." He said, "I know nothing about it; I will give my ex-planation later on." I conveyed him to King's Cross Police Station; he was put up for identification with nine other men of his own stamp and build; Chapman and Mendoza both picked him out. Later in the same day I searched his lodgings at 35, Mayville Road; in his bed-room I found cheque-book on the London County and Westminster Bank, Limited, "Birkbeck Branch, with 23 cheques in it (produced);
I also found a key inside his chest of drawers, a hat, and some correspondence. I then went to 116, St. Anne's Road, Tottenham, where I saw Mrs. Giles, who handed me cash box (produced), which I opened with this key and found 18 blank cheques, including six on the London Joint Stock Bank, Limited, Peckham Branch; also blank cheque on the Provincial Bank of Ireland and a paying-in book of the London Joint Stock Bank, Peckham Branch. At the Mildmay Radical Club I received coat (produced). On July 13 I showed prisoner the cash box, its contents, the coat, and the trilby hat, and told him where I got them from; he said they all belonged to him. He said, "This is a case of mistaken identity, sergeant; I must have a double."
Cross-examined. When prisoner was put up for identification the inspector in charge did not say, "You are a very big man, but this is the best we can do for you," or words to that effect. He told prisoner he could change his place to where he liked. There was one man bigger than the prisoner. I did not have prisoner's coat on my arm and his trilby hat in my hand; the witnesses saw the hat and coat in the police-court for the first time. With other correspondence at prisoner's lodgings I found a postcard, stamp date July 11, 1911, addressed to Mr. J. Desmond, care of Mr. Nash, 34, Newington Green, London, N., which is the address of the Mildmay Radical Club, telling prisoner his coat was being sent by G.N.R. from Spalding. Also I found at Mrs. Giles's house two letters, July 4 and 5, from 116, Anne's Road, to prisoner from Giles, saying the writer had got prisoner's cash-box. I saw prisoner's safe; the lock appeared to be broken. Mrs. Giles told me that on July 3 she had received a letter from prisoner asking her to go to 35, Mayville Street and get the cash-box, which she did. At the police-court I gave prisoner an opportunity of seeing his papers, and he has had every facility. When arrested prisoner pointed to a pin-prick on his arm, and said the "old girl" had done it.
Prisoner's statement: "I reserve my defence."
Detective-sergeant WILLIAM HEXEMER, S Division. On July 20 two men attempted to identify prisoner, but only one picked him out.
Cross-examined. That identification, had nothing to do with this case.
WILLIAM HENRY WATTON , 195, Great Colmore Street, Birmingham, clerk to Andrews and Co. Prisoner lodged with me from May 1 to June 21, 1911. On Saturday June 24 at about 4 p.m. he came and asked me to give him receipts for his weekly payments, and I made them out on document produced. He left at about 6 p.m. with the remainder of this clothes, etc., with which I assisted him to the station.
Cross-examined. Prisoner's weekly rent terminated on Wednesday; he had not asked for receipts before. I recollect prisoner's visit was
the 24th. and not the 17th because it was after the Coronation. The solicitor's clerk did not suggest to me it was the 24th.
CHARLES STEER , clerk to H. F. P. Robertts, solicitor to the prisoner. In February, 1911, prisoner registered the Scottish Blenders' Company, Limited, and became secretary-manager. In June I was appointed assistant-secretary. On June 28 I went with primmer to transfer the company's account from the Birkbeck Bank to London County and Westminster Bank Birkbeck Branch. A special resolution of the company was required; prisoner opened an account with £5, promising to make it up to £50 the next day.
Cross-examined. I do not know that the Scottish Blenders' account was closed in 1908. On August 26 I saw Watton; I did not suggest the 24th to him.
JOHN MICHAEL DESMOND (prisoner on oath), stated that he had been introduced by Hubbard to three swindlers, that his papers, cheque-books, etc., were left exposed, and suggested that Mrs. Hawkes and Mr. and Mrs. Hubbard, with whom he had quarrelled, had concocted the fraud, obtained cheques from his cheque-book, and that he had been mistaken for a person who was similar to him who had uttered the cheque; that he left on June 24 about 1.30 for Birmingham, saw Watton, and returned by the 7 p.m. train, Hawkes meeting him at 10 p.m., He declared his entire innocence of the charge.
Cross-examined. I do not suggest anybody's name as the forger of the cheques. I suggest that these three men are a section of a gang that have got Hubbard in their power and that probably was wife is a confederate. I was not hard up on June 14; I did not authorise Hawkes to pawn any umbrella. I saw Mrs. Smith at "The Bull" on June 24 at 11.15; I went there to, warn Mr. Mills and Mr. Connolly that Hubbard had uttered threats against them; these threats were uttered in February, 1910. I am well known at "The Bull" and have been there scores of times.
Prisoner was asked to write a number of words on a paper, which was handed to the jury.
The Common Sergeant said that counsel, went rather too far in thinking they must not bring things out against a prisoner. It appeared from the depositions that Desmond had planted another cheque on the landlord of the "Sir William Walworth" on the same day for the same amount. Had that evidence been called it would have immensely strengthened the case on the question of identity. He did not think counsel for the prosecution should have kept out that evidence.
Sentence, Three years' penal servitude. His Lordship ordered that £33 7s. 9d. from prisoner's banking account be awarded in compensation to the prosecutor Robert Chapman.
BEFORE JUDGE RENTOUL.
(Monday, September 11.)
RADBERG, Hyman (32, tailor), RADBERG, Davis (29, tailor), RADBERG Israel (19, tailor), and MLLER, Marks (26, tailor) , feloniously wounding Isaac Pearl and Marris Tallerman with intent to do them some grievous bodily harm.
Mr. J. P. Grain prosecuted; Mr. Purcell defended.
MARRIS TALLERMAN . I arrived in this country on August 5. I am a Polish Jew. On Sunday August 15, I came along Jubilee Street with a pair of boots in my hand. Pearl asked me how much they cost. Then a lot of people rushed out of a house and assaulted Pearl. I started screaming. Israel Radberg got hold of my hand and said, "Don't scream." I got loose and Hyman Radberg came to me; he had something white in his hand and gave me about four blows on my head. Then Davis Radberg gave me several blows with the hand on my shoulder. Blood was pouring from my face. I felt very much distressed. I see the police and knew nothing more about it.
Cross-examined. I do not know if men go to Pearl's house to play cards. I saw Pearl that Sunday for the first time. I know nothing about what happened on the Friday. I did not see persons armed with gaspipes. I did not see prisoners chased by all the Pearls into Mrs. Radberg's house, or the Pearls hammer on the door with the pipes. I saw Israel once before in Jubilee Street near where he lives.
ABRAHAM STEINHOLZ , 116, Clark Street, Stepney, E. I have known all the (prisoners four weeks. I was in Jubilee Street this Sunday and saw Pearl on the ground. His face was full of blood. Two men were standing; one had like a stick or an iron, the other had a little knife in his hand. I don't know if he went to hit me or the man on the ground. I stand next to him. He hit me with the stick and cut me here. I tried to get away. Pearl started screaming, "He has stabbed me." I look up; he is full of Wood in the back. The fourth prisoner had the knife; the first one had a stick in his hand.
Cross-examined. I did not see the beginning of it. There was a crowd there. Some had sticks and some had knives. I saw no gas-pipes. I knew Isaac Pearl before this Sunday. I used to have a shave alt his shop. I have never seen or heard of card-playing there. The first thing I saw was Pearl and his son lying on the ground and blood was pouring from them. Two men were near them. The fourth prisoner was one. I cannot say for certain who was the other. I did not see any beating or stabbing; that was all over before I arrived.
Police-constable HENRY MCHENRY. I was on duty at Arbonr Square Police-station, when I was called to Jubilee Street. I went to No. 129 and saw Pearl in the street. He was bleeding from a wound on the forehead and, as I thought, from the face. A vast crowd was round. I sent for assistance and Police-constable 259 H came. I tried the door of No. 129, which is directly opposite No.
136, where Pearl lives; the door was apparently barred; I tried to force it, but could not. I then went through the passage of No. 131 into the yard and scaled the wall, and got into 129. I opened the door and admitted Pearl and Police-constable 259. I took Pearl upstairs and stationed 259 H at the bottom of the stairs and told him to allow no one to leave or enter. On the landing I saw Israel Radberg running about in a very excited condition. I told him I should take him into custody for stabbing Isaac Pearl. He said, "Yes, I stabbed him. You have got no right up here." He became very violent, struck me twice in the chest, also in the cheek. I struggled with him and got him into the front room. Davis Radberg was sitting there. Tallerman came into the room. He had been let in by the front door as far as I know. He said, "Yes, I will give him into custody also "—meaning Israel. Israel said, "Yes, I want you to take him into custody"—meaning Tallerman." I will die for them. I will fight." Tallerman did not say where he had been struck; he apparently did not speak pretty fair English. I allowed Israel to dress, and took him to the station. He said of Tallerman, "Don't take no notice of him; he has only been in this country a few days." On the way to the station I asked him about the knife. He said, "The knife and stick is across the road in the barber's shop, but it is not a stick, it is some kind of a horn; really I don't know what it is." He made no answer when charged.
Police-constable HORACE RUBBLES, 35 H. Shortly after I got to 129, Jubilee Street, the bolt was withdrawn and I was let in. I then saw Hyman Radberg going out through the back. I gave chase over two walls and yards. I caught him in Wolseley Street. I took him to Arbour Square Police Station, where he was identified by Pearl and his son. He made no reply when charged.
Cross-examined. I had the assistance of Inspector Wensley, who was directing the operations.
Police-constable MICHAEL MURPHY, 259 H. I got in at the back of 129, Jubilee Street, and found Davis Radberg in the front room on the first floor. Pearl and Tallerman came up afterwards. Pearl said, "That is one of them," pointing to Davis, "there are some more." I told Davis I should take him into custody for stabbing. He pointed to a black eye, and said, "This is what I got on Friday night." He made no reply when charged.
GEORGE CHAMBERS . I went to 129, Jubilee Street, and found Marks Miller in a room on the top floor in his shirt sleeves. Inspector Wensley was with me. Miller asked what we were doing there, and said, "I have come on a visit to my cousin." Inspector Wensley said, "What is your uncle's name?" He made no reply, and pointed to a man in the room. Inspector Wensley said, "Some people have been stabbed," and he said, "I don't know anything about it."
DR. SPUR, divisional surgeon, H Division, gave evidence as to the injuries.
Mr. Purcell submitted that there was no evidence against Miller, and the jury returned a verdict of Not guilty.
DAVIS RADBERG (prisoner, on oath), 75, Dempsey Street, E. On Friday, August 11, I was sitting outside 129, Jubilee Street, where my mother and father, and Israel live. Israel went opposite to Pearl's. My mother afterwards went. She said to Pearl, "Is my son here?" Pearl said "No." She came back and sat down. She went to Pearl's a second time and said, "Why did you tell me that tale? My son has just come out from your place; if he go in again I call for the police." He start to hit my mother in the head with a big stick. She fell down. His son David was there. He struck me in the eye. (Tallerman stood up at counsel's request.) Tallerman was there on Friday. He struck me as well. My mother stood up to take my part and got struck again by Isaac Pearl. She was picked up and carried across to her house. There was a crowd there then. I went on Saturday with my brother Israel to the Thames Police Court to apply for a summons against Pearl. We got there at 10.10, past time for making application. On Sunday I was going with Philip Hambourg, my brother-in-law, to see my mother at Jubilee Street. As I passed the stall where Isaac Pearl and his eldest son were, Isaac Pearl said, "Did you go for a summons?" I said, "Yes, after all you have done to my mother and myself." He stood up and start to hit me again, so Philip Hambourg took me away. Pearl and his son said, "We will give you something to summons for." I went to Jubilee Street by myself. Pearl and his two sons came out and started to strike me; the sons brought out gaspipes. My brother Hyman came up a few minutes later. He fell down and they attacked me. Another of Pearl's sons and Tallerman came up. I saw Tallerman on Friday in Jubilee Street. He swore to-day he was not there. He also had a gaspipe in his hand. I tried to protect my brother from them, but did not succeed. I had never seen Miller in my life before. He came up and tried to separate us. My father started screaming in Yiddish that we would all be killed and we all ran into his house, including Miller.
Cross-examined. I saw Tallerman a week before the Friday in Pearl's place. I have witnesses to prove he is a liar. I did not see the first blow struck on Sunday; it was all done together. I did not see Tallerman on the ground. He was never on the ground. I did not see him struck at all. I never spoke to Tallerman before that Friday.
ISRAEL RADBERG (prisoner, on oath). I live opposite Pearl's place. I have lately been visiting the place to play cards. My mother objected. (Witness confirmed last witness as to the events of the Friday, the attempted application for the summons, and the assault on the Sunday.)
The Jury then stopped the case and returned a verdict of Not guilty.
SILZ, Rene (20, clerk) , obtaining by false pretences from Alfred Dark £2 10s., from John William Dean two pairs of tennis shoes, and from Reginald Russell 12 bottles of wine, in each case with intent to defraud.
Mr. A. H. Woolf prosecuted.
REGINALD RUSSELL , 64, Shepherd's Bush Road, manager to Mr. McKean. On July 24 prisoner came into our shop and asked for one dozen of claret to be sent to his address. He said they would be paid for next day. He said he had an account at the London County and Westminster Bank. After the goods were delivered he gave me a cheque, which I paid into the London and South-western Bank, Hol-land Road, and which was dishonoured.
JOSEPH EDWARDS . I delivered the claret on July 26 and called next day for the money. I called again on 31st, when prisoner said he had sent the cheque on on the Saturday. I called back in the afternoon and prisoner gave me a cheque.
ALFRED DARK , tailor, 151, Church Road, Barnes. On July 28 prisoner ordered two suits of clothes. Next day he called with a cheque made out for £25, which he said was his guardian's monthly allowance. He asked me to pay it through my account and take £5 on account of the order. He said, "Let me have what you can spare now and the balance when the cheque is cleared." I gave him £2, believing the cheque was genuine. Next day he brought me a bottle of wine, which he said had come from his estate in France. He asked me for further money, as much as I could spare. I let him have 10S. Next morning I communicated with the manager of the Barnes branch of the London and South-Western Bank. In consequence of what he told me I went back to the shop. Prisoner was there. I said, "Good morning, Mr. Silz; this looks rather strange that the Barnes branch of the London and South-Western knows nothing of your account or this cheque." He replied in an agitated way, "Oh, that is all right; you ring up the London County and Westminster, Lothbury; you will find my uncle has hundreds of thousands there. You need not be afraid; it is quite all right." I did so. The cheque was paid in and returned.
Cross-examined. The manager of the bank said, "Yes, we have an account of Leopold Silz and we will acknowledge Leopold Silz's cheques. (The cheque for £25 was handed to the Judge. It was drawn on the London and South-Western Bank, signed by Leopold Silz.)
Prisoner. I intended that the cheque would come back to me and I thought I would have the cash to pay the money back. My allowance was due and had not arrived. It was a bogus cheque at the time.
PETER JOHN BERTILIUS , 1 Faraddy Road, Barnes. Prisoner lived in my house. I have an account at the London and South-Western Bank. I kept my cheque-book in a drawer in my book-case. This cheque for £25 corresponds with the counterfoil. Prisoner had access to the room. He left on August 2 without giving notice.
JOHN WILLIAM DEAN , 135, Church Road, Barnes, bootmaker. On July 31 prisoner selected two pairs of tennis shoes. He said he would go round the corner and get a cheque. I told him to go and get it. I knew where he lived. He returned with the cheque for 18s. 6d. He told one his guardian put so much money in the bank and he drew on it.
CLEMENT WINGROVE , clerk, London County and Westminster Bank, Lothbury. Prisoner has never had an, account and had no authority to draw on our bank. Two or three cheques were presented. The one for 18s. 6d. was (returned on July 31 marked "No account." We wrote prisoner a letter which would be posted on July 28 regarding a cheque. We have had no instructions from Mr. Leopold Silz to open an account. He has had an account with us since 1894. Prisoner had no authority to draw on that.
Detective EDWARD HUNT, B Division. I arrested prisoner on August 5. After reading the warrant to him he said, "If I give you the £2 10s. will it be all right? That is all there is against me, is not it? Mr. Dark did not lose any time in getting a warrant for me. I will go quietly with you. Don't say a word to anyone about this, will you? How did you trace me here?" When charged he made no reply.
RENE SILZ (prisoner, not on oath). Mr. Dark lent me £2 10s. on the cheque. I was to get the rest when the cheque went through. I thought I would receive money from Paris to meet it. I had no authority to give him the cheque. I did not get the boots on the understanding I was to give Mr. Dean a cheque. I had a pair of the boots on whem I went out of the shop and brought the cheque to him about two hours afterwards. I thought the money was at the bank when I drew the cheque.
Verdict, Guilty on the second count.
Detective EDWARD HUNT, recalled. On May 25, 1910, prisoner, was sentenced to a fine of 50 francs and expelled from Paris for five years or 18 months' imprisonment. The fine was paid. On June 13 he was arrested in London, taken to Liverpool, and charged with stealing a bicycle. He was then bound over. He has obtained money from different people by representing that he had inherited a fortune and absconded from various lodgings owing for rent and board. He has victimised many tradesmen in Barnes.
Sentence was postponed till next Session.
BEFORE MR. JUSTICE AVORY.
(Tuesday, September 12.)
Mr. Bodkin, Mr. Travers Humphreys, and Mr. Montague Shearman prosecuted; Mr. A. S. Carr defended.
GEORGE RENDER , 11, Wilmington Place. Deceased was my youngest child. She did not live at home for the past 18 months; the last employment she had was 15 months ago with her mother. I first knew prisoner 18 months ago. Since then she has come with him to my house several times; they slept for two nights as man and wife. After that they lived together at Whitfield Street about two months. About three months ago she came to my house and in consequence of what she said I went and saw prisoner at Whitfield Street. I asked him what he meant by robbing her of four shillings and wanting her to go on the streets and keep him. He said it Was a falsehood and asked me why I did not lock him up if it was true. I said I could not do that and he said, "Wait until they come and prove it." He then left me. About three days afterwards he came into the "Cock" public-house and said to me, "This is what it is over. It ain't what you think," and he pulled out some paper from his pocket. I set about him and his friend and they ran out. I did not see him again. After the dispute my daughter came home to ane in Berkeley Street, bringing her clothes with her. She stopped about six days and then she had to go as we had no room. She told me she was going into lodgings. I believe she lodged at Charlotte Place, but I never went there; she came to my place every day. About ten weeks ago I went to a coffee-house in Great Chapel Street and whistled her out from inside. After Charlotte Place she went to live in Gray's Inn Place and I have been to meet her there; I never knew Rose Powell. The last time I saw my daughter was at 7.50 p.m. on August 19; she came to see me at 12.30 p.m. She left the house at 8.15 p.m. Aft 2.30 a.m. I identified her body.
Cross-examined. I have been unable, through ill-health, to work since last October. I suggest that prisoner led deceased astray; he first met her only 18 months ago. Some time ago we learnt from prisoner that she was with a man named Chemist, but I do not think it was as long ago as May, 1909. I know nothing about Harry Mahoney. Prisoner has not constantly given me money; about 11 months ago, when at the coffee-shop, deceased paid some rent for us. When I went to Whitfield Street prisoner did not tell me that he had found her in a locked room with Bill Mahoney and the lights out, and had made her give him back 4s. out of the 11s. 6d. he had given her. I did not read the papers that he pulled out of his pocket in the public-house. Deceased did not live with Hagan and Harry Mahoney before she went to prisoner. She told me she had been earning her living singing and dancing at Italian clubs. I do not know Chard nor Passiponte.
Re-examined. About 11 months ago I heard prisoner say to deceased, "Go to Charlie Chard," but I have never seen him; I have not heard of him since.
To the Court. The papers prisoner produced looked to me like foolscap sheets of blue foolscap.
HORACE DANIEL GOODENOUGH , tinman, 13, Richmond Buildings, Dean Street. I knew deceased about eight months; I have known prisoner for about the same time. I have seen them having meals at 12, Great Chapel Street; the first time I saw them was in Dean Street but not to speak to. In April last, whilst at the corner of Great Chapel Street, he said to me, "Have you seen Rose?" I said "No, I have not." He said, "No one shall have her, because I shall do her in," and he produced a small chef's knife, similar to Exhibit 1, but not so long. I said, "Don't be such a fool. You will get yourself into trouble." He went away. I did not see her after that.
Cross-examined. I have spoken to him about two or three times. By my speaking to friends—not witnesses in this case—it got about that I knew of what I have spoken to, and Inspector Burnham came to see me.
ROSE POWELL , 12, Little Gray's Inn Lane, W.C. I am a waitress, but at present am out of employment. Deceased lived with me for about three weeks; she left me when prisoner came out of prison in about June. She used to go out in the streets, but what for I could not say. I used to meet her up West sometimes. After she left me I went to see prisoner at 26, Dodson Street. He told me then that she was living with him. Subsequently I went to 26, Maple Street and found them living together there. I did not know of any address she was living at after that. I have seen them out together on several occasions at all hours of the day and night. I have seen them have quarrels in the street once or twice; I think about May was the last time. I have seen deceased in the street with other men than prisoner; he has not spoken to me about it, but I have heard him say more than once that he was jealous of her being with a certain fellow, but he did not threaten; I cannot say when the last occasion was that this happened. The last time I saw them together was about a fortnight before her death outside the restaurant in Chapel Street. Nothing passed between us as I was not on friendly terms. I have seen something similar to this loaded stick (Exhibit 2) in his possession.
Cross-examined. I do not know that deceased was at some time a prostitute. She lived at Gray's Inn Lane before me. I did not come to live there with an Arabian, nor did I induce her to live with another Arabian. She left before prisoner came out of prison. He has never complained to me that I was inducing her to lead the life of a prostitute. I was once a prostitute, but have not been since March.
Re-examined. Up to September, 1910, I was in employment and since March this year I have been living with a gentleman.
MAY HARRISON , 212, Gray's Inn Road, W.C. I have been a servant, but am now a prostitute. I knew deceased about 12 months; she told me she was a prostitute. I have known prisoner about a month; she introduced him to me; I have seen him two or three times since then, but not to speak to. I saw them together once in a restaurant in Newport Street. At 1.30 a.m. on August 20 I left her at the corner of Dean Street; she went in the direction of Charing Cross Road.
ADA STURKELL , 4, Diadem Court, Dean Street. I was married on August 1. Till then I was living at 26, Maple Street, where deceased and prisoner lived together. Just before I was married I went on the streets and I used to see her. Prisoner used to be with her sometimes. About 10 p.m. on August 7 I was standing at the corner of Diadem Court when I saw prisoner running along, followed by deceased, who was shouting out something about "f—ponce" and "ten shillings." I saw him about half an hour alter come and speak to some fellows. I saw him on the night of August 11 and asked him how Rosie was getting on, and he said, "She has gone home to her parents. She left Maple Street two days ago." About 1 a.m. on August 19 I was near Frith Street when I saw her walking along towards Berwick Street. I said "Good night," and she looked round. I looked round and saw prisoner following her. I saw her at 11.30 that evening alone at the corner of Titchfield Street.
Cross-examined. I do not know if she threw any glasses at him on the evening of August 7.
MARY RILEY , wife of Albert John Riley, 1, Upper Yardley Street. We occupy the two downstairs rooms, the front being the bedroom. We sleep in the bed away from the window. We went to bed on the night of August 19 about 11. The window was about a foot open. I was woken up by a woman screaming just outside our step." Don't, Charlie, don't!" and then there was a groan. I woke my husband and then there was another groan. On going outside I saw the body of a young woman lying at the foot of my steps.
Cross-examined. There were only a few spots of blood from our steps to the corner, but there was some blood on our steps.
HENRY CROSK , 24, Kay Street, Hackney Road. About 2.4 a.m. I was in Upper Yardley Street with a friend when I saw a young woman lying on the pavement. There was blood on her dress, on the steps, and on the pavement; I thought she was dead. We got a constable.
Police-constable GEORGE ALLCHIN, 607 G. At about 2.15 a.m. on August 20 I was in Calthorpe Street when, in consequence of information received, I went to Wilmington Square, where I saw the body of deceased. She was taken to the hospital and her father was sent for. I got to the body about 2.17.
LOUISA BAKER , 20, Easton Street, Clerkenwell. At just after 2 a.m. on August 20 I was sitting at my door with Mrs. Brewer when I heard a woman scream. Within 10 minutes after a man ran out of Attneave Street up Easton Street. As far as I could see he was a little short man; I think he had a cap on. His right hand was in his outside jacket pocket.
looking out on to the pavement) three weeks; I cannot say how long I had been there prior to August 20. Kathleen O'Connell and Winifred Bernard, my young woman, were occupying the same room. I think they are earning their living at present by prostitution. I have known prisoner about five years, and I knew deceased 12 months, but not to speak to all that time. Before being introduced to her I used to see her in Tottenham Court Road and several other places; I generally used to see prisoner round about where the deceased was, but not with her. I generally saw them together at the restaurant in Great Chapel Street. For the 12 months prior to August 20 they lived at Maple Street and Whitfield Street; I have been and seen them at Maple Street. I saw them together on several occasions after that, amongst other places at the restaurant in Great Chapel Street. I have seen her give him money; he has also given her money when he has had it. Several times he has told me he has got to meet her to get money for his night is lodging. On either the Bank Holiday or the day after he told me that she had cut him in the face with a broken glass and ran him round the streets calling him a ponce; I heard him say to her, "Why don't you go home and leave the life you are leading alone?" This was after she hit him in the face with a bottle. She said, "No; I like my Italian fellows better than you." We left her outside, the shop and on our coming back she was not there. I went with him to Maple Street and he went in. He came out and said, "It's all right; she's in bed—the best place for her." Subsequently he asked me to lend him a shilling as he said he wanted to buy a knife. We went into Plume's shop in Compton Street. He said, "I want to see one of those chef knives." The shopman showed him two, but they were not large enough for him. He eventually bought one exactly the same size as this (Exhibit 1) for 10d. The next morning I saw him in Compton Street and he said, "Come with me. I want to find an Italian boy named Guinni. I am 'going to do him in for taking my Rosie away." I said, "If that is what you want, you can go by yourself and meet me later on." On August 17 prisoner saw deceased in Comptom Street; he said something to her, she said something and he slapped her face; I heard her call him "bastard" and names like that. On August 20 I think I went home at about 1.30 a.m.; I cannot remember whether O'Connell and Bernard were both in or whether I went in with Bernard and found O'Connell there. I went to bed and after one or two minutes I heard someone shout." Jack, Jack." I looked out of the window and said, "Who is it?" I saw it was prisoner. He said, "Charlie. I have killed her stone dead." I said, "Who?" He said, "Rosie." I said, "What Rosie." He said, "My missus." I went down and opened the street door. I showed him into the room and lit, the candle. He produced a knife from his right hand trousers pocket and said, "This is what I done it with. Look "; it was wet with blood. His eyes were glaring; he did not look in his right mind; he was sweating and said he had run all the way from Clerkenwell where he had done it. The two girls were sitting up in bed. He said, "I have killed Rosie. She drove me to
it. Come out and have a cup of coffee." At the most we were in the room five minutes. We went out. A little way down the street he said, "I wish I had not told you anything about it; then I should have been safe. Do you think I can trust those two girls?" I said, "I think so—surely." He pulled out the knife and said, "There you are—look at the blood on it." I said, "Go on; you are kidding me. What's that fat on it." He said, "That's from somewhere near her heart." I took it from him and threw it down a gulley; we were then standing in, Stanhope Street; when I had it in my hand he said, "Take it away from me, Jack!" He said that deceased had given him a shilling and his night's lodging; he had asked her to go back with him and she had refused, saying, "I like my Italian boys best"; he had said to her, "I will kill you first," and had pulled out a knife and showed it to her; she had held her arms out and said, "Here you are, then. Do it. I don't care"; he had stabbed her once and he felt the knife stop and she had said, "Oh, don't Charlie, don't," and clung hold of the railings; and he knew that he had done damage and had stabbed her eight or nine times afterwards. We walked into Tottenham Court Road, where we saw a fire and prisoner said he would go and break the alarm; he went towards Hampstead Road. When he came back he said, "I can say I have cut my finger with the fire alarm "; when he pulled out the knife first I noticed he had a cut on the little finger of his light hand. We went down to the coffee-stall, where he met a man he knew. This man said, "Hallo, Charlie—back with Rose?" Prisoner said, "No, I sin't seen her for two or three days." On going back to my place he said, "They are bound to have me on suspicion and seeing a chap at the coffee-stall will help me get out of it"; he said we should buy the first paper as it was bound to have something about it in it. On getting back we found Bernard and O'Connell up. I went out and got a "Lloyd's News," which I handed prisoner. He returned it to me, saying, "She's dead, Jack," and started crying; he showed me a paragraph headed "Clerkenwell Tragedy." I tore it out of the paper and put it on the fire so that the girls should not read it. Bernard said to him, "What have you done, Charlie?—a murder." He said to me, "Go on, Jack. You had better tell them." I said to the girls, "Charlie has done a murder; he has murdered his missus and wants to know whether he can trust you or whether you will put him away." One of the girls said, "If it's a prostitute, they can't say it's you. She takes men home." Prisoner said, "No, I done it in the street." He fold them what he had told me and paid, "If you put me away, there's a nice clique behind who will do for you afterwards." We went to Johnston Street, his mother's place, as he said he wanted to get a clean shirt. I waited outside while he went in. He came out and said, "They have got suspicions; the splits have been here and have just gone. I shall have to blow out of the country. She can only have lived to say my name, Charlie, and put me away." He told me to say that he had been with me from 10 o'clock till half-past two and asked me whether I would stick to him. I said I would stick to him till the last. I took him home. I then went out leaving him there, saying I was going to get information.
I went to see a man I knew at the Charlotte Street Picture Palace. On coming out Detective Seymour claimed me; he spoke to me and I answered him. I went back and found them all three there. After stopping in about ten minutes I took him down to the restaurant in Great Chapel Street, where I had made the appointment. He was arrested. Subsequently I pointed out to Inspector Burnham where I had thrown the knife. I think when prisoner called out he had a cap and a green coat and waistcoat on. On that morning he handed me this loaded stick (Exhibit 2), saying, "Take this and think of me, Jack. She's dead." In the week before the murder he said to me that he wanted to live with Kathleean O'Connell because she earned more money than Rose.
Cross-examined. I said, "You had better ask her and see"; O'Connell had nothing to do with me. I earn my living now singing outside theatres. I left the Service because of an accident to my ear; I have got a disease in the head and I go mad every twelve months; I had a fit on the night of August 19. I also thieve for my living and I am proud of it. I have never had any of the earnings of Bernard. O'Connell was a lodger, but she only paid 2s. 6d. once for rent. Why I had a police whistle is my business. Walton having been brought up at this Sessions is nothing to do with me. There is only one of my friends in prison now. My life is in danger now through this case. I never noticed what prisoner said in the cab to Inspector Burnham on the way to the station." I heard him charged and then I was put in a cell. I was afterwards liberated. I refuse to say what I was doing from 8 p.m. on August 9. I was walking about Hyde Park and all round there. The ring I am wearing has nothing to do with my doings there. I went into the "Port and Harness" that evening, but I cannot say what time I came out. Afterwards I met my girl, Bernard; I am not sure whether O'Connell was with her or whether she arrived after. I have not spoken to O'Connell about this case since giving evidence at the Police Court. The coffee stall prisoner and I went to was in Trafalgar Square. It was after we came back from his mother's that he said to the girls if they put him away there was a nice clique behind who would do for them; I may have said before the magistrate that that happened before, but I cannot remember everything. I did not know what O'Connell and Bernard said in their statements and I did not take much notice of their evidence at the Police Court. I cannot recollect the exact time I went home that night; I know what time prisoner came to me because he said he had done the murder at about 2 o'clock and had run straight to me. I believe I have mentioned that before. To the Court. I know that the punishment for perjury may be penal servitude.
(Wednesday, September 10.)
weak. I had recovered from it on this night when I got into bed. After Detective Seymour spoke to me I went with him to the Leicester Square Tube, where I saw Inspector Burnham. I made a statement which he took down before I left the station that morning. I made two or three statements before I gave evidence at the Police Court.
To the Court. It was before I saw the police that I threw away the knife. (Mr. Carr put in the witness's depositions before the magistrate and the coroner, the witness having identified the signatures thereto).
KATHLEEN O'CONNELL , 18, Murray Street, Camden Road. In August I was living at 78, Stanhope Street, with Bernard; Fletcher was living there also; I was there three weeks. I had known prisoner about three weeks. About a fortnight before the murder he showed me this photo (produced) and asked me if I knew her; he said that it was his "missus" and that he had left her. I had no occupation at that time. He asked me if I would like to live with a fellow and I said, "No." I understood he was referring to himself. He asked Bernard to ask me if I would like to live with him. It was between 1 and 1.30 a.m. that I arrived home at Stanhope Street on August 20. I found Fletcher and Bernard there; Bernard was just going to bed and Fletcher was bad with pains in the head. I went to bed and Fletcher kept walking about the room, holding his head. Just as he was getting into bed somebody called through the window, "Jack! Jack!" Fletcher opened the window and said, "Who is it?" and he called out "Charlie." Fletcher opened the door and as he did so I heard the man say, "I have killed" either "him" or "her" "stone dead." Fletcher came back to the room with prisoner, who looked wild. Fletcher lit the candle and they commenced whispering. Prisoner brought out something from his pocket, looked across the room to see if we were looking, and put it back. We said, "Have you done a murder, Charlie?" and he said, "No; it's all swank." He then asked Fletcher to go out and have a cup of coffee with him, and they went out. We went to sleep. On waking up I found them sitting by the fire having some tea. Fletcher got back to bed and prisoner sat by the washstand all night. On waking up Bernard asked Fletcher to go and get the breakfast. They went out. Fletcher brought in the "News of the World" and gave it to us to read. Prisoner then said, "I will go out and get a paper." He went out and returned with "Lloyd's Weekly." After reading it he showed something on the front page to Fletcher and started crying; he said, "They have got suspicions." One of them tore a piece out of the paper and put it on the fire. Prisoner asked us if he had done a murder would we round on him. We said it was nothing to do with us. He said, "You are the only two that know it, and if you give me away there's a nice gang behind who will do you in the same as Rosie has been done in." They went out, prisoner saying he was going down to his mother's to get a clean shirt. When going he said, "If anybody comes round here, you don't know nothing." Then he said, "I have done a murder." I asked him whom he had
murdered, but I did not catch his answer. I said, "If it's a prostitute they can't blame you for it, because those girls take strange men home every night to their rooms." He said he did not do it in a room; he did it in the street. Fletcher, referring to the visit to prisoner's mother, said, "Don't go down there, as you know the splits have been after you." When prisoner first came into the room he had on a cap and a grey coat.
Cross-examined. Fletcher, Bernard, and I slept in one big bed; we did the same previously in Whitfield Street. Bernard was letting me stop there until I got a room. On one occasion I paid rent in Stanhope Street. I never gave any money to Fletcher. I have been convicted for soliciting. It is true that this is the first time I have said that Fletcher complained of pains in his head on that night, but this is the first time I have been asked what he was doing in that room. Bernard, since I gave evidence before, has reminded me that the candle was out when they came into the room. This is not the first time I have said that prisoner asked Fletcher to come out "and have a cup of coffee." This is not the first time that I have said prisoner cried when he read "Lloyd's Weekly": I told the magistrate that and I told it in my original statement. (Here the Jury were informed by the Judge, on their asking, that the evidences of witnesses before the Coroner and Magistrate were not taken verbatim). It was after the second time they came back that prisoner said about there being "a nice clique behind."
Re-examined. I was not present when Bernard made her statement to Inspector Burnham at about 3.40 a.m. on August 20. I made mine subsequently. (The witness having identified her signature and initials on the statement, Mr. Bodkin tendered it in evidence for the purpose, he stated, of showing that though the witness may not have made certain statements before the Magistrate and Coroner, she had made them in the previous statement.)
Mr. Justice Avory admitted the statement, but said that he would only allow the passages referred to in cross-examination to be read.
Mr. Bodkin stated that, the witness having identified it, he would leave it there.
WINIFRED BERNARD . I have been living at 78, Stanhope Street with Fletcher about four weeks. I have been living with him 18 months. I had known prisoner about three weeks before August 20. I did not know deceased well. Fletcher and I arrived home about 12.15 a.m. on August 20. I can only guess at the time as we had no clock in the room. O'Connell came in at about 12.30. I went to bed about 1.45. Fletcher was taken bad. At about 2.30 or 2.45 I 1 heard somebody calling out "Jack!" Fletcher had just got into bed; he got out of bed. I said, "Fetch him inside; I don't want him calling out this hour of the night." He went and opened the door. I then heard prisoner say to him, "I've killed"—"her" or "him"—"stone dead." They came into the room, went to the mantelpiece and began talking. Fletcher lit the candle. Prisoner put his hand in his pocket and drew out something, which I could not see. When
he saw we were looking he put it back again. He then said to Fletcher, "Come and have a cup of coffee with me." Fletcher said to me, "Shall I go?" I said "No." He put on his clothes and they went out. I went to sleep. On waking up again they were in the room talking. I asked them what the time was and they said about 7.30. I asked Fletcher to go out and get the breakfast and they went out. On their return prisoner said to us, "If I done a murder, would you put me away?" I said, "It's nothing to do with me." He said, "I have done a murder!" Then, turning to Fletcher, said, "Look! they have taken it in." They had brought in "Lloyd's Weekly." Prisoner looked at it and said to Fletcher, "There's something in the paper about last night." Fletcher tore something out. Prisoner said to me that he had murdered his missus. They went out again; they did not say where they were going; on their return prisoner said to Fletcher he wanted to get a clean shirt from his mother's and he could not go because the 'tecs had been round after him. When I first saw prisoner he looked white, worried, and he was sweating.
Cross-examined. Now I come to think of it, Fletcher had blown the candle out two or three times that night. I have not said that before. I said in my statement that Fletcher was taken ill that night. O'Connell may have said something to me about this case, but I did not answer her. I lived with Fletcher before this at Whitfield Street; O'Connell did not live there, but she used to come and see me in the daytime and she has also slept three nights there. Last April I was convicted of soliciting.
Re-examined. On the morning of the 20th I went to the station and made this statement to Inspector Burnham (produced); I identify my signature.
THOMAS KOBE , Divisional Burgeon of Police, 60, Bloomsbury Street, W.C. On August 22 I made a post-mortem examination of deceased. I found eight distunct cuts and a bruise. A punctured wound about an inch long, two and a half inches deep, and passing downwards to the pelvic bone on the left side and touching it was probably the first inflicted. The fatal wound was one bellow the clavicle; it entered the chest wall, penetrated the left lung and opened the sac covering the heart, entering the pulmonary artery. I should say deceased could have lived three minutes after that and she could shout. There was a wound between the seventh and eighth ribs, Which penetrated the liver; there were four wounds on the right arm and two below the right shoulder; these latter may have been the result of one blow. There, was also a wound on the inside of the left hand extending to the bone. The asisailant was probably facing the woman, who would be standing. This knife (Exhibit 1) could have, caused all the wounds. On examining a coat shown me by Inspector Burnham, in the right hand jacket pocket I found traces of blood.
Cross-examined. There was nothing to show how far the knife had gone into the deepest wound. She would not be able to go very far after the fatal wound, but she could walk.
RICHARD HEZEKIAH STAINES , fireman, Fire Station, Great Marlborough Street. At 2.53 a.m. on August 20 we received a call from the Tottenham Court Road fire alarm at the corner of Percy Street; it would be impossible to ring it without breaking the glass.
JOHN PLUME . I am employed by my father, an ironmonger, at 47 Old Compton Street. We sell knives similar to Exhibit 1 at 10d. This revolving cylinder on the till shows that we sold one of them on August, 14; we sell no other knives at 10d.
Detective ERNEST SEYMOUR, D Division. In consequence of a com-munication I received from Inspector Burnham on the morning of August 20, I spoke to Fletcher in Pitt, Street at 11.30. I made an arrangement with him. That same morning I was at Leicester Square Tube Station with him and Inspector Burnham.
Detective-inspector WILLIAM BURNHAM, G Division. About 3.15 a.m. on August 20, in consequence of information received, I began to make inquiries. About 1 p.m. I was at Leicester Square Tube Station. I saw Fletcher. About 1.30 p.m. I went to 12. Great Chapel Street, a restaurant kept by Rosa Allooa. I stood at the door for a minute. Prisoner got up from a table and said, "It's me you want." I said, "Is your name Charles Ellsom or Brown." He Said, "Yes. The missus told me you had been here, so I thought I would wait." I took him into the street and directed an officer to bring Fletcher. I said to prisoner, "I am going to arrest you for murdering Rose Render about two this morning at Wilmington Square." He said, "I don't know anything about it." I put him into a taxi-cab with other officers and Fletcher. He said, "I did not go out from home until ten last night. I went up to his place (pointing to Fletcher) at half-past two and I have been with him ever since. We went to a fire in the Tottenham Court Road." At the station he and Fletcher were put into separate cells. I then went to 78, Stanhope Street, where I found O'Connel Land Bernard. I brought them to the station. I took a statement from Bernard in the absence of O'Conoell and then I took O'Connell's statement in the presence of Bernard, having cautioned Bernard not to say anything. I then took Fletcher's statement in the presence of the two women. At about 10.20 p.m. prisoner was charged. I noticed from the root of his little finger on the right hand a piece of skin was hanging; he saw me looking at it and he said "I did that when I broke the fire alarm." I handed his jacket to Dr. Ross. On the next day prisoner was before the magistrate; the only witnesses were the medical witnesses and George Render. On the next day Fletcher pointed out two gullies in Stanhope Street about 20 yards apart and in one of them we found the knife (Exhibit 1). In a cupboard in Fletcher's room I found this loaded stick. The distance from Upper Yardley Street to 78, Stanhope streat is one mile seven furlongs two yards the witness detailed the route). From 78, Stanhope Street to the Francis Street fire alarm it. would be, I should think, about half a mile and to the Percy Street fire alarm three-quarters of a mile. On August 26 I took another statement from Fletcher; up to that time he had not given evidence. He gave evidence before the coroner and the magistrate on the 29th;
I think he was recalled on the 30th before the magistrate. The coroner, in taking Bernard's and O'Connell's evidence, stated he did not want a lot; he had their statements before him.
Cross-examined. At the time of his arrest prisoner was on probation. The bloodstains, which consisted of one spot and two smears, were examined only last week. Sturkell and Harrison have been convicted of soliciting in the streets. Among the witnesses asked for by prisoner is a man named Talbot. We are told he is away hopping.
Re-examined. Inquiry was made at 43, Johnson Street, at about 8.30 a.m. on August 20.
Detective C. SEYMOUR (recalled). There is a clock at the corner of Tottenham Court Road and Euston Road, about 50 yards from the coffee stall.
CHARLES ELLSOM (prisoner, on oath). At the time I was arrested I was sleeping at Rowton House and stopping in the daytime at my mother's, 43, Johnson Street. About 20 months ago I was employed at R. and P. Culley's; I left through a fight. I knew deceased five years. I first started living with her 11 months ago; she had previously been living with Hagan and Harry Mahoney. I was working at a coffee-shop at 556, Mile End Road, and she came to me there as her "chap" had been locked up. When we moved to Whitfield Street her father used to come and see us every day. On one occasion I came back and found her in a locked room with Bill Mahoney and the gas out. I struck her, and took 4s. away from the 11s. 6d. I had given her that morning. That was the reason of the disturbance when the father came. The next day I saw him in a public-house, showed him some letters I had found in her possession which she had received from Hagan and Harry Mahoney, who were in prison. He struck at me. Before she came to me she had been living on the streets. I was put in prison about eight weeks before the Coronation; I was in prison seven weeks, and then I was bound over. I found she had been living with Rose Powell at 11, Gray's Inn Lane; they were both living with Arabians. I had a row with Powell because she with the other witnesses in the case were trying to get her away from me to live a life of prostitution. Since then I did odd jobs for Costa, manager of Horsey and Sons, Jermyn Street. I never lived on deceased's earning. I knew Fletcher only three weeks before I was arrested; he lived on the earnings of Bernard and O'Connell; that is the only way I knew them. I never suggested that O'Connell should live with me. Fletcher said that O'Connell had said she would like to live with me. Deceased used to know a lot of Italians; she used chiefly to be with one named Passiponte; I caught her with him once. On August 19 I left 43, Johnson Street, at 10 p.m., and went to Compton Street. I stayed talking to some fellows (one named Dennis) at the corner of
Dean Street till 11.45. I then went to the corner of Rathbone Place and Oxford Street where I met an Italian named Amelia. We were talking. Two or three Italians who lodged in Percy Street talked to us, and then left us at the corner of Percy Street; I left Amelia there at 1.35. I met another man who used to work for a woman in Seaton Street, and we went to the coffee-stall, facing Seaton Street. It must have been about 2 a.m.; on approaching the stall I noticed the clock over Baker's. At the coffee-stall I met, among others, Arthur Talbot and Tich Pepperell. Talbot is always to be found in Seaton Street; I told the police that. I asked him the time after talking a little while, and he said it was 10 past 2. I then left them and made my way towards Rowton House. As I passed Fletcher's house I saw him nutting the shutters to, so I called out to him. He came down and let me in. I asked him to come to the coffee-stall we went to every night at Seaton Street. Instead of going there he proposed going down to the one in Trafalgar Square. On our way in Tottenham Court Road I saw a fire. I went and broke the alarm. I met Fletcher again, and we went to the coffee-stall. I met a man I knew there. He said to me, "Are you back with Rose?" I said, "No, I have not seen her for two or three days." Fletcher and I then went for a walk to the "Elephant and Castle." At about 5.45 we returned to his house. We had some tea, and he laid on the bed whilst I stayed at the window. About 8 a.m. I went to the barber's shop. On returning I found him and the two girls were up. Bernard asked Fletcher to get the breakfast, and we went out. He bought "Lloyd's Weekly." On returning I saw a paragraph headed, "Clerkenwell Tragedy." I said to Fletcher, "I don't like the look of this. It looks similar to Rosie's. I have not see her for two or three days. I shall go out and get the 'News of the World' to make sure of it." A few days before she had told Fletcher and the girls that an Italian had threatened to kill her. I went to my mother's to get a clean shirt, and learnt that the detectives had been. On returning I fell off asleep. On waking Fletcher was out. On his returning after about half an hour we went together to this restaurant in Great Chapel Street. The proprietor told me the police had been after me. I thought they were looking for me as I had not reported myself. Inspector Burnham's account of what happened on my arrest is correct.
Cross-examined. Deceased finally ceased to live with me on August 8; I took her home to her parents on that day. I left her because she had been keeping out that holiday week all night. On the Bank Holiday night I asked her where she had been, as I had not seen her since the previous Saturday, and she threw some glasses at me and accused me of taking 10s. back out of the 11s. 6d. I had given her. I asked her why she did not leave the life she was leading alone and she said she would when she thought she would; she called me a ponce. She did not on that occasion say, "I like my Italian boys best" when I asked her to come with me, although she had said it on previous occasions. I told Fletcher II about it and his account of what I said to him is substantially correct. We left her outside
the restaurant and on returning found her gone; we went to Maple Street, where I found her. That was the first quarrel we had had of any consequence; she did not go out into the streets when she was living with me, only this last week, and I got fed up. She consorted with Italians mostly and I objected, but it was only during the last ten days. I have only spoken to Goodenough twice and that was about last April; the only thing we talked about was about what I had won at cards at the restaurant. His account of the conversation we had is false. I never had a small cook's knife in my possession. He was not on bad terms with me and I cannot give any reason why he should invent that story against me. The deceased never gave me money. For the last three or four months I have been doing a bit of thieving as well as working. I pleaded guilty to being concerned in stealing a gold watch. Rose Powell stole it from a man. I do not remember seeing Mrs. Sturkell at all after August 7. It is true I met Fletcher on August 14, but his account of how I went and bought a chef's knife is false. I never bought one and I never said I would do the Italian boy in. I did not have a quarrel with deceased in the street in the week after the bank holiday week. I never saw deceased or Mrs. Sturkell in the early morning of August 17. It is true that this is the first time I have given an account of my doings on the night of August 19. On that night between 10 and 10.30 p.m. I saw deceased, while talking to these fellows, going in the direction of Charing Cross Road, but she did not see me. I was not sweating when I arrived at Fletcher's house that night. I knew the girls were there when I went in because I heard them, but I could not see them as there was no light. I have met Fletcher several times at that time of the morning and gone to have a cup of coffee with him. I have never seen this loaded stick before. I had not a cut on my finger at the time. I was wearing a cap and grey jacket. (The witness categorically denied the statements alleged by Fletcher, Bernard, and O'Connell to have been made by him.) After returning with the "News of the World" I found the paragraph headed "Clerkenwell Tragedy" had been torn out of "Lloyd's," and I asked the reason why, but received no reply; I though it rather strange, but I was sleepy at the time and did not ask again.
Re-examined. I could not sleep at my mother's because my brothers were at home and there was no accommodation for me. When I said this is the first time I have given an account of my doings I meant first time in Court.
To the Court. Until I saw the paragraph in "Lloyd's" there had not been a word said between me and Fletcher or the two women about Rosie's death.
ALBERT WALTER , coffee-stall keeper, 19, Sidmouth Street, Crescent Road. My stall is at the corner of Tolmer's Square, opposite Seaton Street. Facing the stall there is a clock, over Watts's. I had known prisoner about six weeks before the murder as an ordinary customer. At about 2 a.m, on August 2 he came and asked for two coffees; a customer at about 1.50 asked me the time. I told him it and it was
some little time after that prisoner came. At the utmost it was 2.10. Tich Pepperell and Talbot, who is in Kent now, were there at the time. Prisoner had left about 25 minutes when I saw some fire engines.
Cross-examined. As many as 20 or 30 customers ask me the time of a night. I was subpœnaed last Monday to come and give evidence; on Friday night a clerk for the defence came to the stall.
Re-examined. I knew prisoner as "Charlie Brown." My name is plain over the stall. Immediately after the murder my attention was called to it.
WILLIAM PEPPERELL , greengrocer, 10, Frederick Mews, Albany Street. My nickname is "Tich." I have known prisoner a long time—just to know him. I remember August 19 because on that day the strike was over. After packing up the stall I and the man working with me left Titchfield Street at 1 a.m. on August 20. We went to Frederick Mews, left there, and arrived at the Seaton Street coffee stall at about 1.45. We had been talking there some time—a small time—when I saw prisoner. I said, "Have you seen ten thousand soldiers pass this way? "He said, "No." I said, "Then they must have gone the other way." After I had been speaking to him I saw some fire engines go down towards Oxford Street way.
Cross-examined. I generally go to this coffee stall about twice a week. I got there on this night at my usual time. I remained there about half an hour. I saw the soldiers pass. I did not hear anybody ask the stallkeeper the time. You could not help seeing the clock if you were looking that way. The fire engines passed about half an hour after prisoner left. I have not given evidence before.
JOSEPH COSTA , manager, Horsey and Sons, confectioners, 128, Jermyn Street, W. I have from time to time given prisoner odd jobs in cleaning the floor and windows. I know nothing against him. I think it was before May that I last employed him.
FRED TATTERSHALL , 129, Stebbington Street, and REGINALD BROOK, Manager, R. and P. Culley, beer bottlers, gave evidence to character, describing prisoner as being thoroughly honest, sober, and industrious.
At the conclusion of the summing up,
Mr. Bodkin pointed out that the statement of Fletcher, to which his Lordship had referred had not been put in, although it was in Court, and that it did not quite stand on the same footing as the statements of Bernard and O'Connell.
Mr. Justice Avory said that what he had told the jury was correct, namely, that the statement had been open to the inspection of prisoner's counsel.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 13.)
SELWOOD, Robert (49, agent) , forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for £6 10s., with intent to defraud. Forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for £2 2s., with intent to defraud. Obtaining by false pretences from Frederick Lester Dobson £6 0s. 5d., With in intent to defraud. Obtaining by false pretences from James Gover £1 17s. 2d., with intent to defraud.
Mr. Seymour Lort prosecuted.
FREDERICK LESTER DOBSON , 144, Bridge Road, Battersea, baker. I have known prisoner for three weeks as a customer. On August 12 he gave an order for goods to be delivered at 189, Bridge Road, amounting to 9s. 7d., tendered cheque signed James Buchanan and Co., Limited, for £6 10s. I gave him receipt for 9s. 7d. and cash £6 0s. 5d. On August 13 I forwarded cheque to Buchanan and Co. for identification; they telephoned the next morning saying it was not one of their cheques. I then informed the police.
FRANCIS FREDERICK STUBBS , 130, Thornberry Road, Isleworth, clerk to the London Joint Stock Bank, Westminster. For, two years prisoner had an account in my bank under the name of H. Montague"; the present balance is 3s. 7d., his last withdrawal was made cm June 6, 1911, for £1. I then told him, his balance was 3s. 7d. Cheques produced for £6 10s. and £2 2s. are out of prisoner's cheque book. The following cheques have been presented and returned to the bankers presenting them: June 6, £10, signed Spiers and Pond; June 7, £10, Spiers and Pond; £11, H. Montague; June 8, £1, H. Montague; June 9, £70, H. Montague; June 15, £5, H. Montague; June 17, £5 and £5, H. Montague; August 15, £6 15s. and £2 2s., Jas Buchanan and Co.
JAMES GOVER , 250, Battersea Park Road, stationer and newsagent. I know prisoner as a customer. In July he presented cheque produced for £2 2s. in payment of an account of 3s. 10d., for which I handed him receipt and cash £1 17s. 2d. I had a visit from a detective, to whom I handed the cheque.
BERTRAM GRAY , secretary to James Buchanan and Co., Limited, 26, Holborn, distillers. F. Barnes is not the secretary of my company. I know no such person. Cheques produced are not signed by the authority of my firm.
Detective-sergeant CHARLES EASTLAKE, B Division. On August 14, at 9.50 a.m., I saw prisoner in Battersea Park and said, "I am a police officer. Is your name Mr. Selwood?" He said "No." I said, "You answer the description of Robert Selwood and I shall arrest you for forging and uttering a cheque for £6 10s." He replied, "I do not know what you are talking about." On the way to the station he said, "Can I see Mr. Dobson?" At the station he said, "It has not gone far, only since I have been hard up." When charged he
made no reply. I found on him £6 gold, 13 shillings silver, 2s. 0 1/2 d. bronze, and two cheques on the London Joint Stock Bank for £6 15s. and £12 15s. He then said, "The money is out of the money M. Dobson paid me for the cheques; the cheques were given to me by a public-house acquaintance." On August 23 at 10.30 a.m. I saw prisoner at the rear of the South-Western Police Court and told him that the landlady where he resided wished to have her key back. He gave me his signature, "R. Selwood" (produced). I then told him he would be put up for identification for uttering a cheque for £6 15s. at Mr. Pettitt's, Battersea Bridge Road, and one for £2 2s. to Gover, 250, Batfcersea Park Road. He said, "Yes, I admit them. I did not forge them, someone else did that. My proper name is Selwood. I only assumed the name of Montague at 17, Grosvenor Road to see if I could get on. I had an account at the London Joint Stock Bank. I only endorsed the cheques.
ROBERT SELWOOD (prisoner, on oath). I have been a racing man for 28 years and am well known as Edward Montague at Tattersall's. In November, 1908, I took 17, Grosvenor Road, which was an ordinary lodging house, and turned it into first-class bachelor chambers. I had a run of bad luck, the house did not pay, and I left to try and recover myself. I put these cheques into circulation in good faith. Dobson and other tradesmen have had dozens such cheques from me. Two years ago I was going to Doncaster when I met three well-dressed men, who represented themselves to be Buchanan, of Buchanan and Co., Limited, Spiers, of Spiers and Pond, and Gordon, a money-lender. I afterwards met Buchanan and Spiers at Tattersall's. They told me they had accounts at my bank, the London Joint Stock Bank, Victoria Street. At different times I owed them money and they owed me money. Eventually Buchanan owed me £22 2s., Spiers £64. I met them at the Trocadero, asked for payment, and as they had not cheques with them I at their request gave them each five of my cheques. Spiers filled up the five post-dated for amounts equalling £64. The next day Buchanan gave me four cheques, two for £6 15s., one for £6 10s., and one of £2 2s. That day I had won £85. Buchanan asked me to cash a cheque for £12 for him, which he said was from a motor company of which he was a director, which I did. I passed the cheques thinking them genuine.
Sentence, Six months' hard labour.
Verdict, Not guilty.
Mr. A. C. Fox-Davies prosecuted.
SIDNEY REGINALD DYER , medical officer, Brixton Prison. I saw prisoner on July 17. He had both eyes bruised and very much swollen and a large number of scratches over his head and face. He seemed very excited. I have since had him under observation; there is no insanity about him; he is now well.
CAROLINE ELIZABETH NEVILLE , 49, Mintern Street, Shoreditch. Prisoner is my husband's brother and has been lodging with me. On Sunday night, July 16, I had words with him. On July 17, at 7 a.m., I was in the kitchen getting breakfast when prisoner walked in from the yard and said, "You have stopped me from, going to work; I will do you in first." He took a revolver from his pocket and shot me twice. I became unconscious.
Cross-examined. On Sunday we were playing the piano—it was not done to annoy prisoner. My husband did not challenge prisoner to fight. I did not speak to prisoner.
GEORGE ERNEST FROGGATT , Medical Superintendent, Shoreditch Infirmary. On July 17, at 11.5 a.m., I examined Caroline E. Neville. She had a wound on the left breast just below the nipple; a bullet had passed in and out beneath the skin, then entered the chest at the seventh rib and caused another wound 1 3/4 inch deep towards the chests wall, just outside the heart; I have probed for the bullet and been unable to extract it; it is still inside. Both wounds were caused by one bullet.
GEORGE NEVILLE , 49, Mintern Street, son of Caroline Elizabeth Neville. On July 17, at 7 a.m., prisoner fired at my mother. I pushed him out of the door; he rushed upstairs and I heard another shot. I went up and met him in the passage; he pointed the revolver at me; said, "Yes, you and all," and snapped the weapon; there was no report. I got into a bedroom and stayed there till the police arrived.
Police-constable ERNEST JUDD, 345 G. On July 17, at 7.15 a.m., I heard screaming and went to 49, Mintern Street, where I saw Catherine E. Neville leaning against the wall in the passage. I found prisoner upstairs. I said, "What is the matter?" He said, "All right, governor; I will be quiet. They have been worrying me all night." I asked where his revolver was—he took me to the chest of drawers, where I found it in the top drawer. I told prisoner I should arrest him for shooting the woman and a child downstairs and took him to the station, where he said, "I hope I have done no serious harm. Look at my face, that is what she done last night." Prisoner's face was scratched and he had two black eyes.
Police-constable MAURICE BETHELL, 512 G. I assisted in taking prisoner to the station. On the way he said, "It is all through last night. The old woman set about me with a hatpin."
Police-constable JOHN FRASER, 13 G.R. On July 17, at 7.30 a.m., I examined in 49, Mintern Street and found two spent bullets, one in the passage and one in the front basement.
Detective-sergeant JAMES PULLE, G Division. On July 17 Judd handed me five-chamber revolver produced; it had four empty cartridges and one full one; the two bullets produced fit the empty cartridges. I said to prisoner, "You will be charged with attempting to murder Caroline Neville by shooting her with a revolver this morning at 49, Mintern Street." He made no reply to the charge.
Cross-examined. Prisoner's son handed me the soldier's stick produced loaded with lead.
MABEL NEVILLE , daughter of C. E. Neville, aged 15. On July 17, at 7 a.m., I was in the bedroom with my sister Caroline dressing when I heard my mother scream. I went towards the stairs, saw prisoner coming up, and ran towards the street door. Prisoner said, "Yes, you and all," and shot me in the right leg about the ankle. I then got into the neighbour's house.
CAROLINE NEVILLE , daughter of C. E. Neville, aged 21, dressmaker, On July 17, at 7 a.m., I heard prisoner go downstairs and enter the kitchen from the yard; three shots were fired. I came into the passage when prisoner pointed the revolver at me and said, "As for you I will do for you." I heard a report and ran out at the front door. I was not shot.
Cross-examined. On the previous night we had a party; we were enjoying ourselves, we did not think of annoying prisoner.
ERNEST ANDREW DYSON , House Surgeon, Metropolitan Hospital. On July 17 I examined Mabel Neville; she had two wounds on the right leg near the ankle, one of entrance and the other of exit of a bullet; they were not serious.
Statement of prisoner." I should only like to say I had great provocation. I did not really know what I did afterwards. I do not remember firing at Mabel Neville at all."
GEORGE WILLIAM NEVILLE (prisoner, on oath). In October last I had a lacerated ankle. My brother asked me to take rooms at his house, where his wife (C. E. Neville) would help me with my four children. I was under treatment and unable to work for a long time, was in great distress and had pawned nearly everything I had. Getting able to work, I got a job at Bywater and Co., my old employers, at £2 5s. a week, and repaid what I could spare to C. E. Neville. I have been persistently annoyed by the noise downstairs of the parties and music, etc., On July 16, having put the children to bed, they made a great noise. I asked them to leave off; I dropped an ash pail down the stairs and afterwards a pail containing some water to attract their attention. Two men then came up, dragged me down stairs; one struck me with loaded stick produced. C. E. Neville struck me in the face with a hatpin; I was knocked about dreadfully—nearly stunned. Caroline E. Neville said, "I know you have got a loaded revolver up there." I had never thought of the revolver. I went to bed; it seemed to worry me; I took this cursed revolver out of the
box and put some spent cartridges in that I have had by me about a year. The next morning I went into the yard. I must have put the revolver in my coat pocket. I said to prosecutrix, "Look, Carrie, what you have done for me." I was in such a state I could not go to work. She immediately screamed out to Mabel to go for the police and said, "You clear out of here." I suppose in the fit of temper I used the revolver.
Cross-examined. I did not say, "I will do you in first." I said, "You see the state I am in. I cannot go to work." She started screaming for the girls to go out for the police.
MINNIE PATCH , niece of the prisoner. In July, 1910, I summoned C. E. Neville for assault; she scratched my face with hatpins; she was bound over to keep the peace for 12 months. Prisoner is a thorough gentleman. I know nothing of the shooting.
ERNEST NEVILLE , son of the prisoner, 17 years of age. On July 16 after prisoner and I had gone to bed the singing and dancing downstairs was so loud prisoner could not stand it; he called to stop it; nobody took any notice and he threw the pail over the stairs. Several young men ran up and pulled prisoner down; C. E. Neville scratched prisoner's face with her pins; one of the men hit him behind the head with a stick, which I got hold of (produced); he was dragged out into the street, punched and kicked; his shirt was marked with blood (produced). We went upstairs and I bathed his eye.
Verdict, Guilty of shooting with intent to do grievous bodily harm; the Jury recommended prisoner to mercy very strongly.
Prisoner was given an excellent character.
Sentence, Six months' hard labour.
BEFORE MR. JUSTICE AVORY.
(Thursday, September 14.)
Prisoner had been committed for murder; the Grand Jury threw out this bill, and returned a true bill for manslaughter. It was now proposed to try prisoner upon the coroner's inquisition for murder.
Mr. Bodkin and Mr. Leycester prosecuted; Mr. W. Blake Odgere defended.
Before the jury were sworn,
Mr. Blake Odgera objected on principle to prisoner being put upon his trial for murder, on the coroner's inquisition, after the Grand Jury had thrown out a bill for murder upon the same facts. Counsel did not contend that this course was illegal, but it was contrary to the usual practice, and if allowed would reduce the work of the Grand Jury to an absolute farce. (Cited Archbold, 24th Ed., p. 159: "It is usual when a bill of indictment for the offence charged in the inquisition has been ignored to offer no evidence on the Coroner's inquisition, but it is occasionally found convenient to proceed on the inquisition, and cases have occurred when this was done and the defendant
was convicted.") On the inquisition itself counsel submitted two points. First there were two differences in the names of the jurors as recorded in the body of the inquisition and in their signatures. In the body of the inquisition occurred the name John Thomas Blomberg, but the only signature which corresponded with that was "John Blomberg." It had been held that jurors in signing inquisitions must sign their names in full (R. v. Evett, 6 B. and C., 247) In the list of jurors set forth in the body of the inquisition was the name of Charles Brunin, but the signature which corresponded to that name was distinctly "Charles Bruin." The inquisition must therefore be void. The second point was as to the signature of the deputy-coroner. In the body of the inquisition it said "before Harry Bolton Sewell, Esq., deputy to Mr. Henry Robert Oswald, one of the coroners for our said lord the King for the said county of London." According to Archbold (p. 165), "Where the inquisition is taken before a deputy-coroner the proper mode of signing the attestation is 'R.D. (L.S.), coroner, by E.M., his deputy duly appointed.'" (R. v. Perkins, 7 Q.B., 165; 14 L.J. (M.C.), 87.) In this case the signature was simply "Harry Bolton Sewell, deputy-coroner," the word" deputy "being written in above "coroner," which was printed. Counsel submitted that this was not a sufficient signature, and that prisoner ought not to be put upon his trial upon this inquisition.
Mr. Bodkin argued that the signature of the deputy-coroner was proper. The inquisition must be taken as a whole. In the body of it the full description of Mr. Sewell was given, and that description must be read with the signature of Mr. Sewell at the end. With regard to the signatures of jurors, the Coroner's Act, 1887, now governed the procedure at inquests. Section 18 provided that the inquisition should be "under the hands" of the jurors, and the "hand" of a person was his usual signature. The signature of the juror was what should be looked at, and if that was different from the recital in the body of the inquisition, then the body of the inquisition could be amended under Section 20.
Mr. Justice Avory said that, on the first point, it was clear from the concluding words of the passage quoted from Archbold, at page 159, that every case in which this question arose must be judged upon its merits. A further reply was that the coroner's inquisition could only be disposed of by a verdict of the jury, or by no evidence being offered, in which event also the verdict of the jury was taken. The first objection failed. As to the second, his Lordship thought that it did sufficiently appear in the inquisition that the person holding the inquest was the deputy-coroner. As to the third objection, he saw no reason to doubt that the "John Blomberg" who signed the inquisition was the "John Thomas Blomberg" appearing in the body of the inquisition, and similarly with regard to the juror Brunin. He could not doubt that the coroner in the execution of his duty saw that the persons who had to be sworn as jurymen and viewed the body were those who signed the inquisition. Having regard to Section 20 of the Act, even if this was a defect, it was his duty not to quash the inquisition on that ground. He overruled all the objections.
The jury were then sworn to try the charge of murder upon the Coroner's inquisition.
Police-constable ALBERT TROTTER, 186 M, proved plans for use in the case.
FREDERICK YARDLEY , 2, Castle Buildings, Berwick Street, Rotherhithe. Deceased was my son; he was about 27 years of age, and married to a daughter of the prisoner. On August 8 I was with my son at 10 p.m. in the "Ship and Whale" public-house. My son went outside to the urinal. Seven or eight minutes elapsed, and he had not returned, so I went out after him. I saw a crowd of people; prisoner was there with his hat and coat off; he and my son appeared as if fighting. When I got through the crowd my son was on the ground; he said, "Father, I am stabbed." I was taken away in a fainting condition, and I know no more; I was told that my son was dead. I saw blood coming from his heel; it had run down his leg.
While I was on my knees attending to my son I heard a sound as though a glass had been thrown at us.
Cross-examined. I did not see the beginning of the fight. My son had his coat off. I saw nothing of a knife.
GEOEGINA ISABELLA YABDLEY . Deceased was my husband; prisoner is my father. My husband and I disagreed, and he left me about a month before this occurrence. On the night of August 8 I was in the "Ship and Whale," and had a drink with my husband and his father. I left the public-house about half-past nine and went home. I saw nothing of the fight.
Cross-examined. My husband and my father were quite good friends. My husband was a bigger man than prisoner. While I was with my husband there was nothing to indicate that there was going to be a row.
HENRY CASSIDT . About 10 p.m. on August 8 I was outside the "Ship and Whale." I saw deceased struggling on the pavement; some people were holding him, and he was trying to get away to fight prisoner. Prisoner was standing in the road; I saw him opening a knife in his hand. Deceased broke away and rushed into the road to prisoner; as the deceased went to punch him prisoner tried to catch him with the knife round the neck; instead of that he caught him somewhere in the Chest. Deceased knocked him down; as he got up he dug at deceased in the leg with the knife; deceased started to walk backwards and then dropped.
Cross-examined. There was a crowd of 30 or 40 people watching the fight. I did not hear deceased say "I am stabbed." I did not see any knife in the deceased man's hand. I am sure prisoner had a knife.
WILLIAM HENRY STONE . I was outside the "Ship and Whale." I saw prisoner's son Harry come out to go to the urinal. Outside the urinal there was a commotion between deceased and Harry; deceased struck him and he fell down; then prisoner's wife struck deceased. Prisoner came out of the public-house; he was stripped to his waist; he said to deceased, "Come on, I will fight you"; I saw a knife in his hand; it was a clasp knife and it was open. Deceased took off his coat and waistcoat and they started fighting. I tried to get through the crowd to take the knife away, but I was not strong enough. I shouted out, "He has got a knife." I saw deceased strike prisoner and knock him down; prisoner rolled up towards deceased's legs and drew the knife across his left thigh. They started to fight again; finally deceased fell down backwards and did not get up again; I saw blood coming down from his trousers. When I first saw the knife no blow whatever had been struck.
Cross-examined. I did not see prisoner open the knife. It was deceased who struck the first blow. I am certain that I saw the knife in prisoner's hand before the first blow was struck. I only saw prisoner use the knife once. The fight continued for two or three minutes after deceased was slashed in the leg; there were about 50 people watching the fight; I was at the back of the crowd.
WILLIAM MELLUISH . I saw prisoner go up to the deceased; he said, "What is the matter with you, Fred?" Deceased said, "Nothing the matter with me, Mr. Coleman, what is the matter with you?" Prisoner said, "I will soon show you," and made a punch at him. I am sure prisoner struck the first blow. Deceased took off his coat and they started fighting. The first round prisoner fell down. When they got up they went into the road and started again. Prisoner's dughter, Ellen, rushed towards deceased with a poker; I ran at her to try to get the poker away; there were two glasses and a bottle thrown at me. Afterwards I saw deceased lying on the ground bleeding. All I saw of the fight was the first two rounds. I first saw the knife in prisoner's hand at the commencement of the third round; it was open; I did not see it used, as I was trying to prevent Ellen interfering with the poker.
Cross-examined. I have known prisoner for 20 years; he was not a quarrelsome man; I never worked with a quieter and more civil man. This fight was going on for about nine minutes altogether. I did not see any people trying to prevent deceased from fighting. Deceased was not much bigger than prisoner, but rather heavier. I do not believe prisoner had the knife in his hand during the first and second rounds.
Mrs. EMILY PHILLIPS. I saw Harry Coleman go to the urinal; deceased followed; then I heard Harry cry out. Deceased had had some beer thrown over him and was wiping it off his coat. Prisoner came out of the public-house with no coat or waistcoat or hat on; he asked deceased what was up; deceased said, "Nothing, but have I got to put up with this?"—meaning the beer thrown over him. Prisoner said, "Come on, Fred, me and you." He struck the deceased and then they started fighting. I am sure prisoner struck the first blow. In the first round prisoner fell; then deceased fell; then prisoner fell; when he got up I saw the blade of the knife in his hand and prisoner stuck it into deceased's thigh. They were both standing up when this blow was made with the knife.
Cross-examined. I only saw the knife once. I heard deceased say to his father, "I am stabbed"; I do not think prisoner could hear that.
HENRY GEORGE COLEMAN , prisoner's son. When I went out to go to the urinal deceased followed me and hit me in the face. I cried out. My mother was outside. When deceased came out I saw him punch mother. I took the advice of the people about and went away; I saw nothing of the fight.
Cross-examined. There was no ill-feeling between my father and deceased.
ELLEN COLEMAN , prisoner's daughter. I was in the "Ship and Whale" with my father, when I heard Harry cry out. I said to father, "I can hear Harry screaming." We went out and saw a crowd, and we crossed the road. Father went up to deceased, and said, "What's up Fred?" Deceased said, "Look at this" (pointing to some beer on his coat.) "You are the next one I have been waiting for." He took off his coat, and had a struggle with the neighbours,
who wanted to stop him from fighting father; he got away from the people and struck my father, who fell down. Father got up and they started fighting. There was a tremendous crowd, and I did not see all the fight. I saw someone pull deceased from underneath my father. I went home; shortly afterwards father came in; there were blood stains on his shirt; his lip was bleeding and his eye was grazed. The night before this occurrence I had told fathen that prisoner had struck my mother and my brothers, Harry and Albert.
Cross-examined. I am sure deceased struck the first blow. Father did not have any knife then; I was quite close to him, and should have seen it if he had.
Police-constable ALFRED REYNOLDS, 210 M. About 10.15 p.m., on August 8, I saw a crowd outside the "Ship and Whale." Prisoner and deceased were fighting; they fell to the ground, deceased on top; I pulled him off and he collapsed. There was a lot of blood lying about; there was no glass near us. On examining deceased I found him bleeding from his thigh. I took deceased to the Rotherhithe Infirmary; he died on my arrival there.
Cross-examined. When I got up to them the two men were holding each other's shirts; I could see prisoner's hands; he had no knife. I did not at the time search for any glass, but I did not tread on any or kneel on any.
Police-constable DANIEL BROWN, 98 M. I went up to the crowd and saw Reynolds attending to deceased. Five minutes later I went to the prisoner's house, which was only a few yards away. Prisoner was in the washhouse washing his face and hands. I told him I should arrest him for stabbing a man then lying out in the road. He said, "I admit fighting him but never stabbed him; I have not carried a knife for months." He was quite sober. About two in the morning I went back and examined the road in front of the "Ship and Whale." I found some pieces of glass lying in the gutter on the side of the road. Where the fight had taken place there was blood on the ground; there was no blood at the place I found the glass (five or six yards away), and there was no blood on the glass. At the time. I arrested him there were no marks of blood on prisoner's face.
Cross-examined. Prisoner said nothing about being bruised on the face. I did not search him for a knife.
FRANCIS GREEN , medical officer at. Rotherhithe Infirmary. When Yardley was brought in about 11 p.m. on August 8 he was dead. There was a wound on the inner side of the left thigh, going in about three inches, and another superficial wound; also a short cut across the right wrist. All these wounds might have been caused by a knife. The cause of death was hemorrhage.
Cross-examined. It is possible that the wound which proved mortal could have been caused by a broken bottle or glass.
Re-examined. It could not have been caused by a fall upon broken glass; all I mean is that it would be possible to cause the wound with
a piece of sharp glass of sufficient length used as an instrument. There was a cut in the trousers corresponding to the wound in the thigh; this cut could not have been effected by broken glass.
Detective-sergeant RANDAL HOBSON, M Division. On the morning of August 9 I saw prisoner detained at, Rotherhithe Police Station. I told him he would be charged with the murder of Frederick Yardley by stabbing him in the left thigh with some sharp instrument. He said, "If you are going to charge me I shall have to put up with it, but I am perfectly innocent" When the formal charge was read over to him he said, "I shall have to defend myself; I can prove myself innocent."
Cross-examined. Prisoner did not complain to me of a wound in his mouth; there was no blood on his face; had there been a wound there I should have seen it. Prisoner has lived in Rotherhithe for some years. There is nothing against him; he is a quiet orderly man as a rule. I searched prisoner's premises for a knife and found none. We have searched all over and could find no knife; but there are plenty of places in this neighbourhood where a knife could be thrown away.
Mr. Blake Odgers submitted that there were so many contradictions in the evidence for the prosecution upon material points that the case ought not to be left to the jury.
Mr. Justice Avory said that those contradictions made this essentially a case for the verdict of a jury.
JOHN RICHARD COLEMAN (prisoner, on oath). On the night of August 8 I got home home about 9.30. I immediately took off my coat; I never wear a waistcoat at all. I was hardly in before I was called out, I walked across to the "Ship and Whale" and saw a crowd of people outside; deceased was there. I said to him, "What is the matter?" and he said, "Look at this," pointing to some beer on his coat. I said, "Well, I cannot help that"; he said, "You are the next one I want," and he pulled his coat and waistcoat off. His wife had got him by the arm; he broke away from her and knocked her down. He struck me and I fell. At that time I had nothing in my hand. I got up and we followed round striking one another and I went down again; he knocked me down three or four times; about the fourth time we fell down together, Yardley on top of me; it was then that the policeman Reynolds came up. I had no knife in my hand. Reynolds pulled me off and I got up. I saw blood on the ground. I stood there five minutes and then walked into my house, where I was for six minutes before I was arrested. The last time I had a knife was in December, but that was taken from me at Paradise Street Police Station, where I was taken for being drunk; I never got it back again. I have been working 17 years for Mr. Manby and have 11 children living.
Cross-examined. I have never had a row with Melluish, whom I have known some years. I do not think I have ever spoken to Stone
and have had no row with him. I have never had a row with Cassidy or with Mr. or Mrs. Phillips. They are all wrong when they say I had a knife in my hand. As soon as I go indoors I always take my coat and waistcoat off. My daughter told me the night before that my son-in-law had quarrelled with my wife and Harry and Albert, but I took no notice; she did not tell me that Yardley had struck my wife, but she said that he had struck Harry and Albert. They were always quarrelling. When I got outside on this night nobody told me that Fred had struck my wife. I had not seen her before the fight. I did not say to him, "Come on; I will fight you," Come on, Fred—me and you," or "I will alter it; I will show you." I did not when fighting hear anybody say, "He has got a knife." We fell three or four times. I can only put the blood down to his having fallen on the glass. I got some cuts, but they were not serious. I never used a knife to cut my food up with. I had no occasion to get another knife after December. I have gone six months before without carrying a knife.
Re-examined. I, as a stevedore, do not need a knife.
Verdict, Guilty of manslaughter. Mr. Justice Avory stated that in his opinion it was a proper course for prisoner to have been put upon his trial for murder.
Sentence, Three years' penal servitude.
BEFORE THE RECORDER.
(Wednesday, September 6.)
Prisoner shot at prosecutrix, of whom he was jealous, with a revolver which contained blank cartridges; he stated that he knew they were blank and had no intentions of hurting her. It was stated that prisoner's father, who was not present, was prepared to make arrangements to send him to Canada.
Sentence was postponed till next Sessions, the Recorder stating that he would release prisoner upon being satisfied that these arrangements had been made; prisoner to remain in custody.
Prisoner confessed to a previous conviction of felony at the West Ham Borough Sessions on June 14, 1907, when he was sentenced to three years' penal servitude. Four other convictions dating from
1902 were proved. He was released from his last sentence in August last.
Sentence, Three years' penal servitude, the Recorder stating that he had no doubt prisoner was an habitual criminal.
Prisoner confessed to a previous conviction of felony at this Court on October 11, 1910. A number of previous convictions were proved.
Sentence, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 6.)
Cross-examined by prisoner. I was sent for by the bank on August 9. I told the manager I posted the cheque about 2 p.m. He asked me if I crossed it. I said I was in a hurry and did not know.
ALFRED DICKINSON , clerk, Ilford branch, London County and West. minster Bank. Thee cheque was endorsed when presented. I paid the cheque. I then looked at it a second time when in the act of cancelling it, and noticed that part of the "e" and "s" in the word "West-minster "was erased. I then saw that the crossing had been erased. I immediately went out, stopped prisoner, and brought him back to the manager. He was asked where he got the cheque from. He said, "Mr. Haddon's manager."That was all I heard.
To prisoner. You came back to the bank quite willingly. It was a very hot day and I told you you seemed to be feeling the heat.
Detective-sergeant WITTON, K Division. On August 9 I saw prisoner detained at Ilford Police Station. I showed him the cheque and asked him how it came into his possession. He said, "I met a man this morning in Newman Street. He asked me to go into a public-house. We had two drinks. He showed me the cheque and asked if I would go to Ilford to cash it. He said it belonged to himself. I came to Ilford to cash it. This man is supposed to be a decorator. I do not know his name and address. I wish I did. When charged he said, "All right."
ARTHUR BROWN (prisoner, not on oath). I have not the privilege of being defended. I have written letters from Brixton Prison to try and get people to come and speak for me, but having no money they won't come. I met a man on this day having a white apron on and close by the premises. I have seen the man several times. He said to me that if I had time to go to Ilford he would make it worth my while. The market being slack owing to the strike and I was doing nothing I consented to go, and went down and cashed the cheque. I was going up the road when a gentleman from the bank came after me and said, "Would you mind coming back?" I said, "Decidedly." I do not think I should have gone back if I had had an honest belief that this cheque had been stolen. The man represented himself as being engaged by Messrs. Haddon. I ought not to have done it; but it was a consideration to me as I was situated at the time. I was not as careful as I ought to have been.
Numerous convictions were proved.
Sentence, Three years' penal servitude.
BEFORE THE RECORDER.
(Thursday, September 7.)
WILKINS, Ernest Reginald (45, tax collector) , stealing the sums of £63 9s. 1d., £9 4s. 7d., £5 15s. 6d., and £19, the property of His Majesty, received by him by virtue of his employment as a collector of taxes; having been entrusted with certain moneys in order that he might pay the same to His Majesty, unlawfully did fraudulently convert the same to his own use and benefit; being a servant in the employment of His Majesty, unlawfully falsifying certain accounts, the goods of His Majesty, with intent to defraud.
Mr. Bodkin and Mr. Montague Shearman prosecuted.
Rev. RALPH COURTNEY GUY, Clerk in Holy Orders, Forest School, Forest Rise, Walthamstow. I am liable to pay taxes foR Walthamtow East. I have known prisoner as collector of taxes for the past 18 years. I pay round about £67 a year taxes. Last October prisoner gave me this demand note and said if I liked to pay in advance I could gelt a 5 per cent, reduction. I gave him a cheque for £63 9s. 1d., which was the amount I owed less 5 (per cent. I made it out to his order and it is endorsed by him. It has been paid by my bank. I never got a receipt for it.
Cross-examined by (prisoner. You said you were authorised to give me, 5 per cent. and that the people you called upon personally could have it. I do not understand about your using the actual word "authority." I have not been asked for the money Again. I have nothing to say against your character.
account in the name of the Customs and Excises; he had no power to draw on the latter. Exhibit 16 is a paying-in slip of his own account of October 26, which contains an item of £63 9s. Id., Mr. Guy's cheque. By the certified extract from his account I found that sum credited to him on that date.
To prisoner. From time to time you have transferred money from your private account to the taxes account.
Re-examined. On May 26 there is a cheque for £4 8s. transferred from his account to the official account; from December, 1910 to that date there has been no similar transfer.
LUTHER FRENCH , jeweller and optician, 227, High Street, Waltham-stow. I am a tax-payer in Walthamstow, E. On November 8 prisoner, whom I knew as the tax collector, brought me a demand note and said if I would pay the taxes for the next year then he would give me 5 per cent. I had never had such an offer before and I accepted. This is my cheque for £9 14s. 4d. (Exhibit 10), which I paid him made payable to his order and endorsed by him. It has been paid by my bank. I wrote for the official receipt and I got this receipt for £9 14s. 4d., darted Decemiber 19, and signed by him; at the top is printed, "P.S. 1"; there is no reference to the discount.
ALFRED JAMES SPAREY , bootmaker, 59, Orford Road, Walthamstow. I am a taxpayer in Walthamstow, E. In November, 1910, prisoner called on me with the demand note and said if I paid him then he would allow me 5 per cent. discount; I had known him as a tax-collector for 10 years. I said I was surprised, and he said, "That's quite true; we are allowed to do that. We are making up our year's money, and it makes it better for the office the more we collect. It is not generally known, but we only go round and let those know who can pay prompt." Exhibit 4 is the cheque I paid for £5 15s. 6d., drawn to his order, and endorsed by him. It has been paid my bank. Exhibits 5 and 6 are the two receipts I got signed by him. At the top there is "1910-11," but it seems to me that that has been altered from 1909-11."
ALFRED JAMES RUBEY , 24, The Drive, Walthamstow. In December last prisoner said he wanted to make a payment of some big amount for the Inland Revenue and asked me to let him have a cheque on account for taxes for a portion of property I owned in the district for the forthcoming year, saying he could allow me 5 per cent. Exhibit 7 is the cheque I gave my man to take to him, made to his order and endorsed by him. I told him to bring me a receipt and he returned with this receipt, which is signed by prisoner, but is in my man's hand-writing.
J. F. SULLIVAN was recalled at the conclusion of the evidence of each of the foregoing witnesses to prove that the cheques they had paid prisoner (Exhibits 10, 4, and 7) had been paid into prisoner's private account; witness produced for that purpose the paying-in slips relating respectively to each of those cheques signed by prisoner.
1911, when he was suspended. The appointments are made for a year and annually.
JAMES ARTHUR HILL , Surveyor of Taxes, Somerset House. Prisoner's remuneration for 1910-11 was £253 8s. 2d.; the average year's remuneration is £233. Ordinarily his duties would take from November to the end of April; he is allowed to do other work. The taxes are due on or before January 1, the financial year ending April 5. A list giving the names and addresses of taxpayers and the amounts to be collected is given him about the middle of November, and each year he gets a number of printed demand notes, cash book, and counterfoil receipt books. According to the printed instructions (Ex-hibit 13) it is his duty to make out the demand notes from the list and he must give receipts from the official receipt book, and to pay the amount received into the official account at the London and South Western Bank. Exhibit 12 is a document setting forth his duties, which was signed by him on November 26, 1904. (This was read.) Rule 49 says that he is not under any circumstances to make payments into the official account by means of a cheque on his private account. He must also enter all amounts received in the yearly cash book, which he was to bring in to be checked every fortnight with the payments into the bank and the counterfoils in the receipt book. I can find no entry in the counterfoil receipt book of Mr. Guy's cheque for £63 9s. 1d. or any trace of it having been paid into the official account. Prisoner had no authority to offer 5 per cent. discount for taxes paid in advance. The counterfoil to Mr. French's receipt corresponds in no way with the receipt given by prisoner. I have been able to find no entries as regards the £9 4s. 7d. paid by him. The same remark applies to Mr. Sparey's cheque for £5 15s. 6d. The receipts given in that case were taken from a 1909-10 book and the "1909-10" at the top of them has been altered to "1910-11." Prisoner should have returned to us the 1909-10 receipt book. No entries have been made of Mr. Rubey's cheque for £19. It was most improper for prisoner to have signed an informal receipt made out by a workman. I found eight similar cases of cheques not having been paid over. Prisoner collected in the 1910-11 collection, £10,805 10s. 1d. and his deficiency is £1,462 14s. 11d. The 1909-10 Budget was rather late and the collection was not made till the end of the year. Contrary to Rule 49, I find that he paid into the official account a cheque on his private account for £4 8s. on May 26, 1911; on the same day there are paid in bank notes for £275 and on May 23 for £95, these amounts not being earmarked in any way in the paying-in book, which is in prisoner's handwriting. Three cheques for prisoner's salary for £52 on February 22, £53 on March 20, and £52 on March 25 were paid into the official account as representing taxes collected.
To prisoner. The quinquennial year was 1910-11; it started on April 5. It is true you did not get your first instalment till Feb-ruary 11, but you did not start collecting till November. You had a £60 advance in" December.
Re-examined. He got extra remuneration in that year for sending out the forms.
FREDERICK WILLIAM JEFFS , assistant clerk to the Commissioner of Taxes for the Beacontree Division. On May 11 the Commissioners had a meeting. At that time a large amount of uncollected taxes was reported to me, which included a sum by prisoner. He attended the meeting, and made this declaration on oath: "I declare on oath that I have accounted to the proper officer for all sums of money received by me as collector of income tax, inhabited house duty, and land tax. I have issued receipts on the properly appointed form for all moneys, and I have not received any of the moneys unaccounted for at this date amounting in all to £5,386 19s. 2d., or thereabouts." It is signed by him. The £5,386 19s. 2d. is the total balance unaccounted for in that district. On being asked for an explanation he said that the previous year's collection had been very heavy, and that he was rather late in commencing his collection. He was given a fortnight in which to deliver schedules to account for the uncollected money. There was another meeting June 1. Prisoner had delivered them a few days before. There was still a balance unaccounted for and on the information of the Surveyor of Taxes the Commissioners thought a warrant should be issued.
To prisoner. You were arrested, and you have been detained in Brixton Prison from June 1; no bail could be allowed under the section under which the warrant was issued.
Inspector ISRAEL BEDFORD. On August 14 I executed the warrant. On reading it over to him he said, "What is the amount?" I said, "£63 9s. Id." but there may be other charges preferred against you." On being charged he said, "All right."
ERNEST REGINALD WILKINS (prisoner, not on oath). For 11 years I have been employed as tax collector, and have had to keep up a certain position, all that time a little bit beyond the salary that I received. From year to year the accounts were not balanced until the New Year, and the consequence was that there was a little overlapping, and that is how these amounts have accumulated. I have done all I can to assist the Surveyor of Taxes in this matter. My office expenses came to £130 a year, so I only made £100 out of it, and I had to wait scme time for that. I was not able to get other employment.
It was stated that prisoner had got himself into difficulties through wishing himself to be considered more important in the district than he really was.
Sentence, 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, September 7.)
BEER, Henry (35, labourer), SANDERS, William (28, labourer), and MILES, Frederick (25, clerk) ; Beer, feloniously possessing counterfeit coin with intent to utter the same, Beer feloniously uttering counterfeit coin; all unlawfully possessing counterfeit coin, all unlawfully uttering counterfeit coin.
LOUISA BUSH , wife of Frank Henry Bush, manager, "Horse and Wells" public-house, Woodford. On July 27, at 10 p.m., Miles called for a half of mild and bitter (1 1/2 d.) and tendered counterfeit half-crown (produced). I thought it was rather light and handed it to my husband, who tested it and asked Miles if he knew it was a bad coin. Miles said he did not know and paid for his beer with a good half-crown. He said he had got the bad one from Buckhurst Hill Railway Station early in the morning; that is about two miles from Woodford.
FRANK HENRY BUSH , manager, "Horse and Wells," Woodford, corroborated. I left the prisoner in the bar, went to the police station, and returned with a police-constable and a sergeant as Miles was leaving my house. I asked him if he was the young man who tendered a bad half-crown; he said, "Yes"; I told him there were some gentlemen who would like to speak to him about it. I then returned to the bar, where I saw a man who I think was Sanders.
Cross-examined by Miles. Beer stood behind you; he had nothing to drink. After the coin was returned to you Beer walked out.
Police-constable RICHARD HOLKER, 337 J. On July 27, at 10 p.m., I with Sergeant Stiff was called to the "Horse and Wells" by Bush. Miles was leaving. Bush said, "This is the young man who tendered a bad half-crown at the bar. The other men are gone." Miles said, "I know nothing about the other man"; he took the bad half-crown produced from his pocket and said, "I know where I got it; I got it from the 'Green Man,' Leytonstone, this morning, in change for a sovereign; I cannot afford to be the loser; it was put on me, I must put it on someone else." I then told Miles I should take him to the station and did so. I searched him there and found on him 7s. 4 1/2 d., consisting of two half-crowns, two single shillings, and 4 1/2 d. in bronze, good money. Miles was charged with the other two prisoners with uttering and possession of counterfeit coin. He made no reply.
Police-constable ALEXANDER WRIGHT, 174 J. On July 27, at about 10 p.m., I was outside the "Horse and Wells" public-house when I saw the three prisoners drive up in a trolley, attached to which was a Pony; they had no light, which attracted my attention. Miles and Beer alighted from the trolley. Miles entered the "Horse and Wells," followed by Beer; they went into the four-ale bar. Sanders remained in the trolley. Shortly afterwards Beer hurried from the public-house,
approached the trolley, and said to Sanders, "Come on, don't go to sleep." Sanders said, "Have you got it?" Beer said, "I have got a biscuit; hurry up," The phrase, "I have got a biscuit," is used to mean, "I have something of importance to tell you." Beer then got into the trolley and they drove in the direction of the "Travellers' Rest" public-house, about 200 yards down the road. They stopped outside. As it was 10 p.m. I left and returned to the police station. I then came back with another police officer. Beer and Sanders were leaning against the trolley. I said to Beer, "I shall take you into custody for being concerned with another man in uttering a bad half-crown at the 'Horse and Wells 'public-house." He said, "That is all right." I conveyed him to the station, searched him and found 28s. in silver and bronze, good money, upon him.
Cross-examined by Sanders. You did not ask Beer if he had got sandwiches. Beer did not say, "No, but I have got some cake."
Sergeant STIFF, 613 J. I went with the last witness to the "Travellers' Rest" public-house after Miles had been brought to the station, and saw Beer and Sanders leaning against a trolley. I said to Sanders, "I shall take you into custody for being concerned with another man in custody in uttering a bad half-crown at the "Horse and Wells." Sanders said, "You have made a mistake." I took him to the statfion and the three prisoners were charged with uttering and possessing counterfeit coin. They made no reply. I found on Sanders four half-crowns, one florin, and 4d. bronze, good money.
To Miles. You said you had got the bad half-crown at the "Green Man," Leytonstone. Beer and Sanders were brought into the station shortly after 10 o'clock and were kept for about 2 1/2 hours while investigations were being made before they were charged.
Detective-sergeant PERCY SANDERS, J Division. On July 10 at 12.10 a.m. I examined the urinal of the "Travellers' Rest" public-house. On a wall about 6 1/2 ft. high I found wrapped in newspaper three counterfeit half-crowns (produced) dater 1906, similar to the coin tendered by Miles at the "Horse and Wells." I returned to the station, produced the coin, and said to the three prisoners, "I have found these three coins in the urinal at the "Travellers' Rest" public-house. You will all be charged with uttering and possessing counter-feit coin. You were seen to leave that urinal." Beer said, "That does not interest me." Sanders and Miles made no reply.
Police-constable FREDERICK TOMPKINS, 112 J. On July 27 at 10.10 p.m. I saw Sanders and Beer enter the urinal attached to the "Travellers' Rest" public-house.
To Sanders. I am certain that you went into the urinal. You afterwards entered the pulblic-house, dame out and gave the pony something to eat. (To the Jury.) I Was about 20 yards from the urinal. There was sufficient light. I saw prisoners when they arrived in the lorry; they passed under the light of the public-house and I am certain of the two men.
Street, Borough. I waited up till midnight, he did not return and I recovered the pony and trolley at Woodford Police Station the next morning.
Detective-Sergeant GEORGE HIDER, J Division. On July 28 at 2 p.m. I and Detective Sandera searched the room at 10, Toulmin Street, Southwark, occupied by Beer and Miles. Under the pillow of one of the two beds I found counterfeit half-crown produced wrapped in paper. It has been bent in a tester and has apparently been tendered.
MARY ANN SLADE , 10, Toulmin Street, Southwark. Prisoner Beer is my son by a former husband. He has lodged with me off and on, sharing the room with Miles. Beer has not slept in the house since a fortnight after Christinas; Miles slept there the night previous to his arrest.
SIDNEY WILLIAM SMITH , assistant assayer, H.M. Mint. The half-crown tendered by Miles and the three found in the urinal are counter-feit, all dated 1906. The first and two of the others come from the same mould; all four have been made from the same pattern piece. The bent half-crown (produced) is dated 1903.
Statement of Beer: "I have nothing to say."
Statement of Sanders: "At two o'clock on the 27th I was standing in the Southwark Bridge Road when I saw Miles and Beer going past in a pony and trolley. I asked them where they were going. They said, 'Into the country.' I said, 'Can I go, as you are only going for a drive?' As to the coins, I know nothing about them." Statement of Miles: "I have nothing to say."
HENRY BEER (prisoner, on oath). On July 27, at 10 p.m., we drove to the "Horse and Wells." Miles said, "I am going to have a drink." Sanders said, "I want something to eat." I said, "So do I am hungry." Sanders got off the trolley and went into a little shop next door to the "Horse and Wells." I saw a constable in uniform standing there. Sanders returned in a minute or two. I said, "Have you got any sandwiches?" He said, "No, I have got some cake." Seeing a light further down the road I drove there and found it was the "Travellers' Rest" public-house. We went in, had a drink and something to eat, stayed about 15 minutes, and came out. I went into the urinal, came out and stood by the trolley waiting for Miles to come along. We were then arrested. There was found on me 26s. in silver and 2s. in bronze, and no bad coin. I had no counterfeit coins in my possession, and none were deposited by me in the urinal. I never went into the "Horse and Wells," and never said, "I have got a biscuit." I did not get off the trolley. I have not slept at my mother's house since about Christmas.
Cross-examined. I have been lately doing odd work, On July 27 I called at my mother's, where Miles said he had a pony and trap, that he was going for a drive and invited me to go with him. We started between 1 and 2 p.m., met Sanders, and he went with us. We drove
through Mile End Road, through Stratford to the "Eagle" at Snaresbrook, and all round the country, and at 9.50 p.m. got to the "Horse and Wells." I did not follow Miles into the "Horse and Wells." The evidence of Police-constable Wright and Mrs. Poulter is false about that. No one said, "Hurry up," or "I have got a biscuit." I went into the urinal by myself. I know nothing about the coins found there. During the afternoon I spent 5s. or 6s.
WILLIAM SANDERS (prisoner, on oath). On July 27 I was in South-wark Bridge Road, when I saw Miles and Beer in a trolley. They said they were going for a ride into the country, and I asked to go with them. We had several drinks on the read. I never saw any counterfeit coin. 1 have a good character, and my employer for whom I have worked for seven or eight years is keeping my place open for me. When we got to the "Horse and Wells" Miles went in. I got off the trolley, and said to Beer, "There is a little shop next door, I will get some sandwiches or something to eat in here." I went in; it was a sweet shop, and they only had cakes, some of which I bought and came out. Beer said, "Have you got anything?" I said, "I have only got some cakes." He said, "What is the good of that? "Then he said, "There is another place along here, we will go and see what we can get there." We drove on and found it was the "Travellers' Rest" public-house. We went inside and each bad a drink and two sausage rolls in there. Beer went out to the urinal—I stayed in the public-house and never Went 'to the urinal. After we came out we were standing by the lorry when some constables came behind us and arrested us. I told the one who arrested me he was making a mistake; I did not know what it was at all, I was surprised.
Cross-examined. Miles never went into the "Horse and Wells"—the evidence of Police-constable Wright and Mrs. Poulter is false.
FREDERICK MILES (prisoner, on oath). On July 27 at 12.30 p.m. I saw Minns at his private address in Tabard Street, Borough, and asked him if he bad a pony And trap. We went round to the stable and hired his pony and trolley for 5s. I said, "Put it to. I shall be about a quarter of an hour; I am going to get change." I went to a public-house next to the Borough Railway Station, changed a sovereign and gave Minns 5s. I gave him my address—10, Toulmin Street. I drove towards Southwark, when I met Beer, told him I was going for a drive in the forest and he agreed to come with me. We afterwards met Sanders, who said he would like to come for a ride with us, to which we agreed. We went over London Bridge, through Whitechapel and Mile End Road, having a couple of drinks on the road. We went on to Bow, where we met some people going along end had two or three drinks with them; stopped at Stratford and at Leytonstone Road, where we met some more people and had several drinks with them. We stopped at the "Green Man," Leytonstone, and had a drink, which Beer paid for, but I there changed a half-sovereign; it was then about 6 p.m. We then drove all round Epping Forest, towards the "King's Oak," High Beech, and as we were returning pulled up at the "Horse and Wells." I said, "Let us have a drink," and jumped out of the trolley. Sanders and Beer said they
did not want anything to drink; they Wanted something to eat. I walked into the "Horse and Wells," called for a mild and bitter and put down half-a-crown. The landlady said it was bad. I said I was not aware of that. She said, "Do you know where you got it from?" I said, "Within a little, I do know where I got it from. I changed a sovereign this morning at the Borough Station." She gave it me back and said she had taken three the previous week. I paid for my drink with another half-crown and received 2s. 4 1/2 d. change. Mrs. Poulter was in the bar; she examined the bad coin and returned it to me. I went outside and as the trolley had gone I walked along the road towards home, when I was met by Bush, who staid, "You are the young man who has just tendered a bad half-crown in there." I said, "Yes, I have." He said, "There are two gentlemen here who would like to speak to you." Two police-constables and a sergeant came up and I handed them the half-crown. They said, "Where did you get it from?" I said, "I do not know. I changed a sovereign in the morning and I changed half a sovereign in the evening at the 'Green Man,' Leytonstone; I must have got it from there." Of course, I was taken to the station and a quarter of an 'hour afterwards Beer and Sanders were brought in. Twenty minutes afterwards Detectivesergeant Sanders walked in, inquired about the case and went out; we sat there from a little after 10 right up to 1 o'clock in the morning in the waiting-room before we were charged. At 1 a.m. Sergeant Sanders walked in with three coins wrapped up in a piece of paper. Beer said, "Where did you get them from?" He said he found them on a wall at a urinal. Beer said, "They look dirty, don't they, as if they bad been there for months? "Mr. and Mrs. Bush we brought in and we were charged at 1 a.m. with being in possession of counterfeit coin and trying to utter one. Before the Magistrate Mr. and Mrs. Bush both said that Sanders was the man who came in with me—not Beer. I went into the "Horse and Wells" by myself and I only called for one drink. With regard to the coin found at my lodging I do not know anything about it. There was a little girl there when the officers went to search; she has not been called to say that she saw the detective find it. I should like to know who made the bed and whether anything was seen under the pillow then. I am charged with uttering one coin; is it not possible I might have got it in change in the neighbourhood when the landlady says she had taken three in the previous week—or that I might have had it at the "Green Man," Leytonstone?
Cross-examined. When I hired the trolley I had a sovereign and 3d. I changed the sovereign near the Borough Station and I afterwards changed half a sovereign at the "Green Man." I did not say I had changed a sovereign at the "Green Man," as the constable says. We had drinks at one or two dozen public-houses; we had nothing to eat at all; I had had my dinner before starting. I was sleeping at 10, Toulmin Street up to the day of my arrest. When arrested I gave my father's address, 29, Victoria Buildings, Emmett Street, because I thought he could bail me out.
Detective-sergeant PERCY SANDERS recalled. I have inquired into Sanders's character and find that it has been good up to the present time; there is nothing against him.
Verdict, Beer and Miles, Guilty; Sanders, Not guilty.
Thirteen previous convictions were proved against Beer, commencing in 1896, including three years' penal servitude and three years' police supervision, several sentences of 12 and 18 months for larceny, and one conviction for uttering; he Was released from his last sentence on July 23, 1910. In May, 1911, he was charged with possessing counterfeit coin and discharged. Miles was convicted on September 7, 1909, receiving 12 months' hard labour under the Prevention of Crimes Act after four convictions for felony.
(Sentence (Beer and Miles), each 18 months' hard labour.
BEFORE THE RECORDER.
(Friday, September 8.)
Mr. Seymour-Leet prosecuted.
ERNEST JOHN CARDNELL , captain barge Mayland. At 11 p.m. on July 31 I hung my trousers, in which was a purse containing £9 10s. in gold and some silver and coppers, in the cabin. The cabin door was left open. I was awakened by the mate at 4 a.m. and found my trousers lying on the deck with the empty purse on top. I identify this one cent, piece, dated 1850, as my property.
To the Court. Prisoner is a stranger to me. The barge was moored alongside s.s. Margam Abbey and anybody from the shore could walk on to my barge by passing over the steamer.
RICHARD SMITH , night watchman. About 4 a.m. on August 1 I saw prisoner with another man on the Margam Abbey. He opened the cabin door and I went to fetch a policeman. I was about 20 yards away at the time. After about three minutes I returned with the policeman and saw them walk round the cabins and then come down the gangway. They got over the dock fence and we followed them and caught them up. The policeman held prisoner and I gave chase to the other man, who got away. I never lost sight of prisoner from the time he left the ship.
Cross-examined by prisoner. I did not see you on the barge. Both of you were very violent at first. The policeman did not search you properly till he got you to the station. He was going to search the other man when he struggled and got away. You did not attempt to run away.
Police-constable GEORGE BORLAND, Dock Police. At 3.45 a.m. on August 1 I saw prisoner with another man walking along the cabins on the Margam Abbey. (Witness here corroborated previous witness's
evidence as to prisoner's doings till he was arrested.) I had not lost sight of him at all. After getting over the dock fence I saw prisoner hand the other man something which I believe to be money. I stopped them and said, "What were you doing on board that ship, Margam Abbey? "Prisoner said, "You have made a mistake." I said, "Ihave not. I saw you on board and I followed you. Have you anything about you that does not belong to you?" He made no reply and he with the other man became violent. I retained my hold on prisoner and he kicked me on the knee and the ankle, and seizing my thumb, wrenched it so badly that I lost the use of my arm; it is painful even now. I struck him on the leg with my truncheon and overpowered him. The other man got away. I took, prisoner to the police box and found in his trousers' pocket £1 10s. in gold, 8s,. 6d. silver, 2s. 5d. bronze, a one cent. piece, a skeleton key, and an electric lamp. The key can open all the cabin doors on the Margam Abbey.
To prisoner. I saw nobody acting suspiciously on the barge.
WALTER WALKER (prisoner, on oath). In the early morning of August 1 I was going along the North Woolwich Road when I was overtaken by a man, a stranger to me, who asked me if I could oblige him with some tobacco. I did so and we were walking along together when we were overtaken by the policeman and the watchman. The policeman asked me what I was doing in the dock and I said, "I have just come along the road." I offered no objection to his searching me. When he searched the other man he ran away. He then deliberately hit me on the head with his truncheon and knocked me silly. The key found on me was given me by my landlord to open the street door.
Cross-examined. I came out of doors that morning at 2.30 because there was a family row between the landlord and his wife and I wanted to keep out of it. I bought the lamp the evening before out of curiosity. I must have got the coin found on me in change whilst on a motor 'bus; 32s., the money I had, was stock money for buying green-grocery at the market. I did not strike the policeman first. I was not in the dock that morning at all.
ARTHUR ANTHONY , 16, Ford's Park Road, Canning Town. Prisoner has been my lodger for the last eight months. This key is the key I gave to him; I filed it to fit the street door. He came in about 12 on the night of July 31 and, as my wife and I were having a "jangle," he went out again.
Cross-examined. I have not seen him since he was arrested. He was working as a greengrocer. I know there was an electric lamp knocking about the house for some time and he used to play with the children with it.
Prisoner confessed to a previous conviction of felony at the West Ham Quarter Sessions on August 1,1902. Three other convictions were
proved against him. He was stated to be an associate of thieves and prostitutes.
Sentence, Three years' penal servitude.
BEFORE JUDGE RENTOUL. (Friday, September 8.)
Mr. H. C. Bickmore prosecuted; Mr. Allan Ramsay defended White.
MORRIS HARE , 147, Victoria Dock Road. I assist my father, who carries on a grocery business at 147, Victoria Dock Road, and Alice Street, Tidal Basin. On August 11, about two o'clock, I was alone at the Alice Street shop. I saw prisoners about two o'clock. I was serving a customer and found these men in the shop. White said, "What are you going to give us? "or" Have you anything to give us?" I said, "No. I have nothing to give you." I next saw them helping themselves to our bread out of the bread window. I do not recollect saying anything at the time, but I went round the counter. I removed a bacon knife from the counter and asked them to go out of the shop. White said, "If we like we can clear the shop." He then spat in my face and went out. They had not any bread in their hands then; they had thrown it outside the door. I should say they had taken four loaves of bread or more. It might have been 14. After they had gone out of the shop I heard a crash. I was lost for the moment. When I collected myself I went to the door. There were a few people there and children round the door. I saw the window was smashed. Prisoners were then walking up the road, 15 to 20 yards off. I did not form any opinion as to whether they were sober or drunk.
Cross-examined by Mr. Ramsay. The man who broke the window came in with prisoners. He went to the bread window as well. I could not swear he was not the man who spoke to me first when I was serving the customer. His name is Chesney. I did not see him at the station afterwards. I did not see that he was very drunk or anything out of the ordinary. I was a little excited. The dock strike was on, and there had been a bit of an uproar that week. I was not dancing about with the knife, or trying to defend our property with it. I cannot swear to anything that Chesney said, but I know White spoke to me. I did not see White take hold of Chesney, or a struggle amongst the men. They did not try to pull Chesney out of the shop. Both prisoners took bread out of the window and threw it into the street Chesney was in the shop all the time, but I did not see him handle any bread. I believe Chesney was throwing, but I did not catch what he said. The whole thing lasted two or three minutes. The customer went out. I did not see him hanging about afterwards. I did not see
people picked the loaves up. There were about a dozen people there.
Cross-examined by Shepherd. I identified you at Lansdowne Road Police Station as one of the men who stole the bread. I have only known you by sight. I saw you inside and outside the shop that day. I have known you and White a number of years. I did not tell the police your name was Shepherd. I saw you take the bread from the window and throw it into the street. I have been in the locality 19 years. I said at the police court that a loaf struck a woman. She would not come here. I have not tried to get her here nor told the police to do so. I did not hear Chesney's name mentioned at the station. I did not say I had known Chesney several years. (To the Judge.) I did not know Chesney before this date. I have no doubt White is the man who said, "What will you give us?" or words to that effect. I saw White and Shepherd take loaves out of the window and throw them out of the door.
Police-constable HENRY DEWAR, 38 N.R. On August 11 I was on special duty in Victoria Dock Road about 3 p.m. In consequence of receiving some information I walked across the road and told prisoners I should take them into custody for stealing bread from Alice Street. On being taken into custody White became violent. 'Shepherd struck me on the right hand, causing White to escape. I held on to Shepherd till assistance came. I then ran across and took a woman into custody who assaulted me; she and Shepherd were taken to the station. White was fetched in afterwards. The woman was charged with assaulting me. When prisoners were charged they made no reply.
Inspector CHARLES CLARK, D Division. On August 11 at 3 p.m. I was in Victoria Dock Road. I saw last witness with two prisoners in custody. I was then about 150 yards away. The constable was assaulted by a woman. White escaped and Shepherd was seized by another officer. Shepherd and the woman were taken to the station. I made inquiries and went about 4.30 to 7, Martindale Road. That is not White's house, but a house where I had reason to suspect he would take refuge. He was in the back yard, and before I had time to speak he rushed at me and struck me in the mouth with his fist, cutting it and making it bleed, saying, "You shall not take me." I then threw him down and held him. Eventually he was taken to the station. Neither prisoner made any reply to the charges. White was charged with assaulting me. He said in reply, "I did not strike you; if I did it was an accident." Later on he said, "I must have had my eyes shut."
ALBERT CHAELES WHITE (prisoner, on oath). On the morning of August 11 I had been in the "Old Ship" public-house with Shepherd and (two or three more friends. My wife came there with my child. She said, "You had better come home and have some dinner, as you might be getting into trouble here, as the police are all charging." There had been a raid on one of Mann and Crossman's beer carts and tar was stolen. I said, "All right." I went home to have my
dinner. On my way I passed Hare's shop. As I got on the corner there was-several people round the shop. I went to look what it was and saw four or five men in the shop kicking up a bit of a row. I see a man dame in I knew. I thought, "I don't want to see him get into trouble." I got hold of him and pulled him outside. That was Chesney. He seemed to take some offence. I don't know what for; I left him and when I got up the road a bit I heard a window go smash. I did not see who it Was. I went to the corner to the "Railway Tavern." Mr. Hare, senior, came along. He said, "All right, White." He done no more but go along with a police-officer. He has known me since I was a baby. I was arrested an hour or more afterwards.
Cross-examined. Chesney was with us in the "Old Ship" public-house part of the time, but had left. He was drunk. We missed him before the raid on the beer. We had not seen him till we come to this shop. A man called Darkie Single was not with us. I left the shop two or three minutes before the window was broken. Chesney bad left us about an hour. I found him in Alice Street. He was very excited and very drunk. I went to get him out of the shop and pulled him out. I never left the street; only put my hand through the door to pull him out. He was just going in. I was just on the doorstep. Shepherd was behind me. It would not be true to say Chesney went in and threw loaves about. Any bread that came out of the shop would have hit me, if anybody. I never saw Chesney inside the shop. I saw Morris Hare when he came Do the door. I did not see him behind the counter or serving a customer.
Mrs. BEATRICE WHITE, prisoner White's wife. I remember going to the "Old Ship" public-house and telling my husband to come home to his dinner. We came past Hare's shop. My husband was carrying our little girl on his arm. We saw a crowd there. I saw Chesney, that is the only one I knew, in the shop. There was three or four police-constables about. I said, "There is Chesney, there." He said, "That fool will get himself into trouble." I said, "See if you can get him out of the shop." He put the baby on the kerb and paid." Chesney, come away," and dragged him out. Chesney, being drunk, he would not come. I said the beat thing was to let him alone. We spoke to two or three pals who had been playing darts. They said, "I should not trouble about him; he will get you (into trouble." We walked away and met Hare. He said, "One of you three men broke the window." I said, "You have made a mistake; none of them broke the window." He told a policeman his window was smashed by one of the men. The policeman asked which one; he said, "One of those three." We took no more notice. We went back to the "Ship" and might have had two or three drinks.
Cross-examined. I did not take White home with me. I did not get a chance to go home. These men come out from playing darts; we tried to get Chesney away and stood talking to them about four doors from Hare's stop 15 or 20 minutes. I made no attack on the constable. One officer came up and shoved me against the railings, another said, "Is your name White? "White said, "Yes." He was
grabbed. I said, "You have made a mistake." He knocked me on the ground and held me also.
ALICE STREGGALL , 51, Martindale Road. I saw Mr. and Mrs. White on August 11 as they came round the corner from Huntingdon Street. White was carrying a baby. There was a disturbance going on before they dame up. Mr. White was carrying the child. I don't suppose he went in the shop. He may have went to get hold of the man to (try and persuade him to come out. He could not persuade him to come out, so he left and went up the street with his wife end joined three or four other men in conversation three or four doors away.
ARTHUE FINDLAY , dock labourer, 7, Martin dale Road. On August 11 I was walking along Alice Street. I flaw Mr. White there. There was a bit of a row opposite the "Sidney Arms." I know Chesney by sight. I saw White pull him off the step. He walked up the street. When we got as far as the "Railway 'Tavern" a gentleman come round the corner and said to Chesney, "You broke my window." Chesney said, "I did not." Be said, "If you did not, he did," and mentioned White's name. A constable came across and said, "If you want to do anything you" must summons him." That was to Chesney. There was a bit of disturbance going on at the shop. I could not tell you how many men would be there.
Cross-examined. I was with White in the yard when he was arrested. I did not know that he escaped from arrest. He did not tell me. I was six or seven yards away from the shop, in the road. I accidentally saw White (coming along. I did not see him arrested. I saw his wife arrested. She was knocked on the ground by the con-stable and another constable arrested Shepherd. I then went home.
ALBERT SHEPHERD (prisoner, on oath). On the day in question I left my father's place about 11 a.m. I went down Victoria Dock Road, and outside the "Old Ship" public-house I met White. While inside having a drink with him I saw about 200 of the carmen strikers make a raid on a van that was loaded with bottled beer. I accompanied Mrs. White, White, and the little girl. Going past Hare's shop we saw a crowd outside. I saw Chesney enter the shop. White went across the road to get Chesney away to get him out of trouble; he became very violent; he was drunk. I went to White's assistance, but we failed to do so, and we let him go. While I was there I never saw any bread taken at all, in fact, I am almost sure the prosecutor has made a mis-take in saying that he lost any loaves at all.
Verdict, Not guilty.
Judge Rentoul. The prisoners are discharged, but I myself was never so astonished at a verdict in this court. These prisoners have been convicted ten times already, and have got penal servitude, and have any number of crimes of a worse kind against them. These are men that tack themselves on to the strike, and no doubt damage the
efforts that are made by honest working men, very often very fairly, to get grievances remedied. It is scoundrels like these that destroy the reputation of honest men when they are striking. However, gentle-men, I am sure you did what you thought was your duty.
BEFORE MR. JUSTICE AVORY.
(Saturday, September 9.)
BANKS, George (61, marble polisher), and BANKS, Alice Maud (34, machinist); George Banks being a male person unlawfully carnally knowing Alice Maud Banks, who was to his knowledge his daughter; Alice Maud Banks being a female person, unlawfully permitting George Banks to have carnal knowledge of her, she then well knowing him to be her father.
Alice Maud Banks pleaded guilty.
Verdict (George Banks), Guilty.
Sentences, George, Three years' penal servitude; Alice Maud, Four days' imprisonment.
BEFORE THE RECORDER.
(Wednesday, September 6.)
Mr. H. Knight prosecuted.
ELSIE YOST . On August 3, about 8 p.m., I left the French Hospital and went for a walk in the country; they wanted me to go to a certain place, but I did not want to go there. Very late at night—I do not know where I was—I was sitting down; prisoner came and said, "You must go away from here. I have got to look after the house." I told him I felt ill and that I was doing nothing wrong. He told me I must leave the place at once and I got up and ran. He ran after me. After a bit I sat down again and he told me I must move on again. I felt very tired and I could not get up. He said if I liked I could go into the house where his sister was. I told him I did not want to go in and asked him to go away. I sat down by a garden gate. He told me I must get up and go away. I told him I could not walk any more. He caught hold of me and took me into a house. I sat down on the doorstep. I did not see him any more for a little while. Then I heard the door behind me opening. I did not think it was safe, so I wanted to go further on, when he caught hold of my
arms and told me I must go into the house. I said I would not and then he hit me on the head several times. I screamed. He took a handbag from me, containing about 5s. A window opened and somebody called out and he wanted to push me through the door and hit me in the side. I became unconscious. When I recovered I was in the street. I identified prisoner at the station subsequently.
To the Court. I was in the service of Mrs. Morris 3 1/2 months and I got ill. I was in the hospital four weeks. I have been in England eight or nine months.
ANNIE HANKS , matron, Wimbledon Police Court. At 6.30 a.m. on August 3 prosecutrix was brought in; she was collapsed and very ill. Her arms and shoulders showed red bruises as if she had been roughly handled. She complained of pain in her right side. The back of her neck was tender as if she had been seized from behind.
NELLIE ROBINSON , 12, Palmerston Green, Wimbledon. At 2.15 a.m. on August 3 I heard a woman screaming. I drew the blind up, looked out and saw prisoner four doors away beating a woman whom he had pressed against the railings. I called out and asked her what she had done to be beaten in that way, but got no reply. Prisoner came and stood by my window and told prosecutrix to fetch the police and said, "If you don't, I will. This is no lodging house." He lived on the other side; He knew him well. He walked towards the police station. I went to the girl and then sent for the police.
SARAH HOGAN , 17, Palmerston Green, About 1.30 a.m. on August 3 I heard screams. I opened the window and saw prisoner hitting a woman about the neck and body. She came on to our path and he came behind her and hit her again.
EMMA PLUMMEL , 18, Palmerston Green. On the early morning of August 3 I heard a woman scream. I looked out and saw prisoner hitting a woman. He said to her, "You are not coming into our house. Clear off out of it." He struck her several times as she ran across the road. He lived opposite.
Detective-sergeant JOHN GILLEN. At 10 p.m. on August 4 I said to prisoner, "We are going to arrest you on suspicion as you answer to the description of a man who stole a handbag containing some money from a woman at Palmerston Green early on the morning of August 3. We are going to take you to the police station to be put up for identification. It is also said you assaulted her." He said, "I know nothing at all about it." A little later he said, "Who is going to identify met" I said, "Three or four women who witnessed the assault." He said, "I met the woman in Palmerston Road. She followed me into Palmerston Green, She wanted me to—her. I declined to have anything to do with her. She followed me. I struck her and threw my coat at her. She is only a prostitute." On the following morning four witnesses identified him. When charged he made no reply. His mother had moved from the house in question the day before; he lived with her.
Detective-constable STANTON WOODS, V Division, corroborated the evidence of the previous witness. The house was empty except for a
few pieces of furniture; prisoner could have got into the house by lift, ing the catch of the window. When searching him, he said, "You can search me. The money is gone and so is the purse."
HERBERT CANNON (prisoner, on oath). I was returning to 6, Palmerston Green at about 12.45 when I saw a female on a step. I asked her what she was doing there and she made no reply. I told her she must not stop there and She told me she could not walk. I put her in the doorway of an empty house and told her she could remain there all night. I went into No. 6, opening the door with a latchkey. She came after me. I wept; out and told her that she had got to come out of it and that there was a lodging house round the corner. She said, she was not going. I shoved her against the railings and she screamed. I aimed at her with a mackintosh I had and caught her in the neck. She went over to the other side of the road. I never took her purse and bag the only thing she had in her hand was a parcel. I did not-say to Detective Woods that the money and the purse had gone. I never said anything to Sergeant Gillen about the woman being a prostitute.
Cross-examined. The story of the woman as to my hitting her is false.
Prisoner was stated to be a man of bad character. Some minor conditions were proved.
Sentence, 18 months' hard labour.
Mr. Scott-France, the Court Missionary, was requested to look after the prosecutrix.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 6.)
Sentence, Three months' hard labour.
Sentence, Three months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, September 8.)
The prisoner pretended to be deaf and dumb.
EMMA SCRIVEN , 15, Hill Road, Richmond, baker and confectioner. On August 15 prisoner came into my shop. He put his hand over the rail and took up a loaf of bread. He walked out of the shop. I followed him and accused him of taking the loaf of bread, saying, "You have not paid for it." He made no answer. I called a policeman and gave him in charge.
Sergeant JAMES CAWLEY. I Was called to last witness's shop. When I got there she was holding prisoner with one hand and in the other she had part of a loaf of bread which she said she had taken from underneath his coat. I said to prisoner, "You hear what the lady says?" He said, "Yes." I asked her if she wished to charge him. She said, "Yes." I took him into custody. He made no reply to the charge. When searched the other part of the loaf was found in his pocket. When he was being placed in the cell he said, "I took it because I was hungry. I have only had a piece of bread and an apple the last two or three days." I am absolutely certain he spoke to me.
Numerous convictions were proved.
Dr. DYER, Medical Superintendent, Brixton Prison. This man has been under my observation during the whole time he has been at Brixton. He is perfectly well able to speak. I have had several conversations with him and I have had another conversation with him this morning. There is nothing wrong with him.
Sentence, Six months' hard labour.