JANUARY (1), 1912.
Vol. CLVI.] [Part 927
CENTRAL CRIMINAL COURT
HELD JAN. 9TH, 1912, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE
[Published by Annual Subscription.]
GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED,
10, TEMPLE AVENUE, LONDON, E.C.,
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, January 9th, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CROSBY, M D., LORD MAYOR of the said City of London; the Hon. Sir CHARLES MONTAGUE LUSH , one of the Justices of His Majesty's High Court; Sir HENTRY E. KNIGHT, Knight; Sir HORATIO DAVIES , K.C.M.G.; Sir JOHN POUND , Bart; Sir GEORGE WYATT TRUSCOTT , Bart; Sir CHAS. JOHNSTON , Knight; Sir HORACE B. MARSHALL, LL.D., 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.
CENTRAL CRIMINAL COURT
CROSBY, MAYOR. THIRD SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, January 9.)
Prisoner had (previously been in an asylum, but was reported fit for Borstal treatment.
Sentence: Three years' imprisonment in a Borstal Institution.
FAIRFAX, Richard William (18, no occupation), who was convicted last Sessions, was brought up for judgment. [The report at page 206 wrongly states that prisoner was tried upon two indictments. He was tried only upon the first indictment, and found guilty of receiving.]
It was stated that prisoner had given no information to the police to assist them in tracing a large quantity of valuable property stolen by him from trains. £1,800 worth of bonds stolen by him had not yet been negotiated.
Sentence: Eighteen months' hard labour.
SEARS, Percy (25, casual sorter), pleaded guilty of stealing a postal packet containing a purse, a postal order, and certain moneys and stamps, and a postal packet containing two postal orders and four postage stamps, in each case the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been employed for some years at Christmas time. Suspicion had fallen upon him in 1910 in connection with losses of letters, which when arrested on this charge (he pleaded guilty of stealing.
Sentence: Six months' hard labour.
CONNOLLY, David Grimshaw (18, assistant postman), pleaded guilty of stealing a postal packet containing a postal order for 5s. and certain coins and postage stamps, the property of His Majesty's Postmaster General, he being an officer of the Past Office.
Prisoner's downfall was ascribed to 'women.
Sentence: Six months' hard labour.
LEE, John Frederick George (38, clerk and auxiliary postman), pleaded guilty of stealing a postal packet containing the sum of 5s. 6d. and six penny postage stamps and a postal packet containing a watch and wrist strap, the property of His Majesty's Postmaster-General, he being an officer of the Posit Office.
Prisoner had been employed 18 months as an auxiliary postman and as a clerk earning 30s. a week. A number of articles were found at his house, which he confessed to having stolen from postal packets. Evidence was called as to his previous good character.
Sentence: Nine months' hard labour.
Prisoner had been employed as auxiliary sorter since 1898 and with other employment earned 36s. a week. Eighteen articles were found on his premises, which he pleaded guilty to stealing from postal packets.
The prison surgeon reported that it would be well if prisoner were kept under observation for a further period, as it might be that he was not altogether accountable for his actions. The Recorder accordingly postponed sentence, stating that prisoner would not be prejudiced by the delay.
Mr. Neville prosecuted.
JOHN LAZARUS , jeweller, 157, Houndsditch. On November 20 prisoner came into the shop, and, speaking in rather broken English, but quite clearly, asked to see a diamond ring. I asked him whether he required. it for a lady or a gentleman, and he said, "Perhaps I buy two." I took out a tray containing about 80 diamond rings. He said that they were not the style he wanted and he wanted a three-stone ring. I showed him some and then he said he wanted them in claws. I showed him this single-stone ring (produced) in a claw and explained to him that three-stone rings were not made with claws. He then began talking very earnestly about one of the other rings and I missed the single-stone ring. He agreed to purchase a three-stone ring, which he said he would require to be made smaller for him. I asked him for 10s. deposit. He put the hand which I knew contained my ring into his top pocket and pulled out a sovereign purse, which he opened. He had no money in it and he said, "I will come back in five minutes." I stood one of my men by the door and when he went to go out he was stopped. I asked him for my single-stone ring that 1 had shown him, and he said, "I have no ring." I then sent for a constable and gave him into custody. To the Court. He understood what 1 said and I understood him. This is my ring (produced). (On prisoner stating that he did not understand English the evidence of this and other witnesses was interpreted to him.)
Police-constable WILLIAM JOHNSTON, 375 C. On the morning of November 20 I was called to prosecutor's shop. He said, "I give this man (prisoner) into custody for stealing a ring. He came in here to purchase one and while I went to the window to get a tray out he has put one in his pocket." I asked prisoner if he had any ring and he said, "Me have no ring." When I went to get hold of him he said in English, "Do not get hold of me." On the way to the station he placed his hand in his right hand pocket of his mackintosh and on removing it I saw a ring glitter. I said, "What have you got!" and he said, "Oh, nothing, nothing." I took this ring (produced) from his hand; it has since been identified by prosecutor. When charged he said in English, "I did not intend to steal the ring; I would have paid for it." To the Court. After this he would not understand any more English; he spoke in Italian. He gave me in broken English his correct name and address. We asked him to write in on a piece of paper after he had told us what it was; we generally do that. He said he was a mechanic.
Prisoner's statement to the magistrate (through an interpreter). "I took the ring not with the purpose of stealing it. I have a father, so there was no need to take it."
ALFONSO MANUELLO (prisoner, not on oath). (Interpreted.) I wanted to buy the ring. When I said I would come back in five minutes my intention was to do so. Instead of waiting prosecutor had a policeman fetched and I could not talk English.
Police-constable W. JOHNSTON (recalled). To the Jury. When searched 1s. 10d. was found upon prisoner.
Verdict, Guilty, "with a recommendation to mercy on account of his youth."
It was stated that prisoner had come to England in June last, and had worked with his father at hotels until his father went to Birmingham. Next August he would have to return to Italy to serve three years in the Army.
The Recorder stated that upon the father producing the ticket for his son's journey to Italy on the following morning he would discharge prisoner on his own recognisances.
(January 10.) Prisoner was released on his own and his father's recognisances in £50 each to come up for judgment if called upon, a condition being that prisoner should leave the country this day.
WATTS, Frederick (51, labourer), pleaded guilty of stealing one parcel containing three tablecloths, the goods of Joseph Spears and Sons, Limited, and of a previous conviction of felony at the Clerkenwell Sessions on December 5, 1902.
(January 10.) Thirtyfive previous convictions were proved.
Sentence: Eighteen months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 9.)
ANDERSON, Joseph (21, printer), who pleaded guilty on December 5, 1911, of feloniously possessing counterfeit coin and was liberated under probation (See page 132), was brought up. He was stated to have obtained work on a stall. He was released on his own recognisances to come up for judgment if called upon within twelve months.
Mr. Beaumont Morice prosecuted.
Prisoner pleaded not guilty of being a habitual criminal.
Detective-sergeant FREDERICK BUTTERS, Y Division. I produce certificate of the consent of the Director of Public Prosecutions to the indictment, notice to the Officer of the Court of December 21, and the notice to the prisoner dated December 15 served on December 21, setting out the grounds on which he was prosecuted. On July 22, 1907, at this Court prisoner was convicted of uttering counterfeit shillings in the name of Robert Moss, receiving five years' penal servitude after a previous conviction connected with coining.
HARRY BARLOW , warder, Pentonville Prison. On July 3, 1906, at the Surrey Quarter Sessions, Kingston, prisoner was sentenced to 12 months' hard labour for stealing a ring in the name of Thomas Linden.
Detective-sergeant ROBERT ATKINSON. On March 7, 1903, prisoner was convicted of uttering counterfeit half-crowns at Chester Assizes in the name of Robert Nelson, receiving three years' penal servitude after a previous coining conviction.
Detective-sergeant FREDERICK BUTTERS (recalled) proved eleven other convictions commencing in 1881, including five years' penal servitude and 18 and 12 months. Prisoner was released on license on August 24, 1911, and failed to report himself until arrested.
Sentence: Three years' penal servitude; five years' preventive detention.
Mr. Beaumont Morice prosecuted.
KATHARINE FRANCES ELMS , assistant, 216, Uxbridge Road Post Office. On December 16 at about 3.30 p.m. prisoner asked me for a 3s. postal order. A fellow clerk made a statement to me and I took special notice of the coins tendered—a florin, a shilling, and a penny, and found the florin (produced) bad. I told prisoner it was a spurious coin; he expressed surprise and handed me a good one. I then gave him the postal order; I showed the florin to the postmaster, who broke it.
Cross-examined. I never to my knowledge saw prisoner Before.
FREDERICK CHARLES STYLES , sub-postmaster, 216, Uxbridge Road. On the afternoon of December 16 Elms handed me florin (produced), which I broke in the tester. I asked prisoner where he got it from; he said he had received it in change. I sent for the police and charged prisoner with passing a bad coin. He offered to let me search him, but I did not do so.
Cross-examined. I have never seen prisoner in my post office before. He was quite willing to go to the station.
Police-constable WILLIAM CHAIN, 351 T. In the afternoon of December 15 I was called to 216, Uxbridge Road, and took prisoner to the police-station, where he was charged, and I found on him 12s. 6d. silver, 11 3/4 d. bronze, good money, and a postal order for 3s. On the way to the station I said, "Have you been to Dulwich?" and told prisoner that the post office clerk said she recognised him as being the man who passed a counterfeit coin at East Dulwich. He said, "I have been in Dulwich, but do not know much about the place."
Cross-examined. I said nothing about this to Miss Middleton at the police court.
MARY MIDDLETON . I am engaged at the post office at 216, Uxbridge Road. On the afternoon of December 16 I saw prisoner come into the post office and made a communication to Elms before she served him. About eight months ago, when employed at 26, East Dulwich Road Post Office prisoner asked me for a 3s. postal order, tendering a penny, a shilling, and a florin in payment. I gave him the postal order and after he had gone found the florin was bad. About three weeks later prisoner came into the same post office asking, I think, for stamps and tendered a shilling, which afterwards turned out to be (bad. I have no doubt that on those two occasions it was the prisoner who came; I recognised him when he came to 216, Uxbridge Road.
Cross-examined. This is the same evidence that I gave at the police court. (Deposition read.)
CHARLES MOORE (prisoner, not on oath) stated that the notices which had been served on him contained quite different evidence to that which had been given. Mary Middleton must have made a mistake. He did not know that the florin which he tendered was bad.
Verdict, Not guilty. The Common Serjeant remarked that prisoner had not always had the same good fortune.
Mr. Robert Wilkinson prosecuted.
CHARLES LEBRUN , confectioner, 584, Old Kent Road. On November 28 at about 7.30 p.m. prisoner came into my shop and asked for a 3d. packet of cigarettes, tendering half-crown (produced) in payment. I served him and gave him the change. As he left I found the coin was bad. I went out, saw prisoner about 80 yards off, ran after him and shouted, "Stop, for I want you." He started running, but was stopped by a police officer. I came up and said, "You see what you have
done," and showed him the coin. Prisoner said, "I am very sorry," and offered me the change and the cigarettes.
Cross-examined. I did not examine the coin directly; I put it on one side and then picked it up again.
Police-constable KICHARD WILMOT, 38 L. At about 7.30 p.m. on November 28 I was on duty in the Old Kent Road, when prisoner walked past me; the last witness called out; prisoner started running. I ran him into a cul-de-sac, and then prisoner came towards me and said, "Here you are, governor, take this," handing me 2s. 3d. and a packet of cigarettes. Prosecutor come up; prisoner said, "I am sorry." On the way to the station he said, "I had it pushed into me to-day and I could not afford to lose it." When charged he made no reply. I found 2d. good money on him.
Prisoner confessed to having been convicted at this Court on March 28, 1911 of feloniously uttering a counterfeit florin, receiving nine months' hard labour. Other convictions proved: January 12, 1909,Stratford Petty Sessions, 14 days' for loitering; December 19, 1910,Norwich Petty Sessions, three months for stealing a waterproof coat. Prisoner committed this offence within a week after his release.
Sentence: Twelve months' hard labour.
BEFORE MR. JUSTICE LUSH.
(Wednesday, January 10.)
Mr. Muir and (Mr. Graham) Campbell prosecuted.
On Mr. Muir's application the Jury were sworn to try whether prisoner was insane, so that he could not be tried upon this indictiment.
SIDNEY REGINALD DYER , Principal Medical Officer Brixton Prison. Prisoner has been under my observation since December 22 and I have had several interviews with him. He is suffering from bullet wounds in the head; portions of bullets have been extracted. As the result of my observation and of his family history supplied me I am of opinion that he is incapable of understanding the proceedings.
Prisoner was ordered to be detained during His Majesty's pleasure.
MARTIN, William, otherwise MARTIN, Mike (22, coster), JONES, John, otherwise RANDALL, Jack (24, labourer), CLIFFORD, James (25, carman), MARTIN, James Albert (27, printer), feloniously causing grievous bodily harm to Austin Greaves with intent to murder him; (second count) with intent to cause him grievous bodily harm.
Mr. Bodkin, Mr. Leycester, and Mr. Montague Shearman prosecuted. Mr. G.L. Hardy defended William and James Albert Martin; Mr. Watt defended Jones; Mr. Dunbar defended Clifford.
Police-constable ALFRED TROTTER, 186 M. I produce and prove a plan of the neighbourhood of Snow's Fields, Crosby Row, and Kipling Street. he distance of incandescent lamp just opposite No.91, Snow's Fields, is about 16 yards from No.93; it is fixed to the wall. (The witness explained the different streets on the plan.) Coming out of 22, Porlock Place, there would be two ways to get to Crosby Row, there being two openings.
On the night of November 4 I was on duty in Great Maze Pond; Greave's beat would be on the right-hand side of that street. I patrolled with him till 12.40 a.m. and then left him practically opposite 93, Snows Fields. He was quite well then.
Cross-examined by Mr. Hardy. he distance from 93, Snow's Fields, to the corner of Crosby Row is about 31 yards. The windows of Mrs. Goldsmith's house look on to Snow's Fields and Crosby Row. Starting from the "Whitesmith's Arms" public-house and going to 147, Weston Street, by way of Porlock Place and Guy Street the distance is not quite 400 yards. Snow's Fields is about 10 yards wide. I believe there is wood pavement in Crosby Row. (To the Court.) The light outside No.91 is rather a good one.
HENRY BROCKMAN , manager, "Whitesmith's Arms," Crosby Row. Prisoners have been frequenters of my house since the time I have been there, April, 1910; they have come in singly and together. I also knew a brother of the Martins named George; he had been in and out for about a month before November 4, but very seldom; I never saw him after that date. I saw all the prisoners in the course of the evening of the 4th in the house. There were also there Hawks, Mr. and Mrs. Howell, and Perrin. I do not remember seeing Johnston that night. They went out and came back some time after 10 and stayed till 11.55 p.m.; they were all together. Just before 12 one of the customers, I cannot mention his name, started singing and the others started, when I stopped it and called time. They all went out together in an orderly manner, taking with them two or three cans and a jug of beer; this was about 11.57. I shut up the house and saw no more of them that night. On the next day they were all in and out during the dinner time; at one time they were all together in the house. They remained till closing time.
To Mr. Hardy. Mike Martin (William Martin) came in first on the Saturday night about 8 p.m.; then he went out and came back again with Randall (Jones) between 10 and 10.30; all four prisoners did not come back together. I did not notice him go out again before closing time, but I will not swear he did not do so. I have seen John Welch in the house once or twice; I do not remember seeing him at all on this night. If I stated at the police-court that William Martin came in between 9.30 and 10 p.m. that would be probably accurate; it would be somewhere about 10. James Albert came in for the first time at about 8 p.m. by himself, to my recollection. He went in and
out; I cannot say how many times. To Mr. Dunbar. Clifford had been a customer for some time, but he did not come in every night. On this evening he came in alone shortly after 8 and stayed till 11.50; I do not remember seeing him go out at all between those times. They did not all go out together the same evening; some of them went out separately and came back again. They all left together at closing time.
ARNOLD STOUT , house surgeon, Guy's Hospital. About 2 a.m. on November 5 Greaves was brought in. He was just conscious; he had had a bad knock on the head and was bleeding from the nose and right ear; he was concussed. There was a bruise about 4 in. in diameter behind his right ear and there were slight grazes in two places; no blood had come. He was discharged at the end of a month. I thought he had had a knock on the back of his head, but I could not say what it had been caused by; I did not (think a fall could have caused the bruise; I should think a walking-stick might have caused it; a fist would not have been sufficient. The bruise was underneath the rim of the helmet.
To Mr. Watt. One blow would have been sufficient. I do not say that this bruise might have been caused by his falling sideways on the wooden pavement as the result of a blow.
To Mr. Dunbar. I noticed no marks of violence on the face. The bruise might have been caused by a very severe fall. I thought it most likely that he had been attacked from the rear.
Re-examined. I do not think now the injury was caused by a fall on a flat surface or the kerb, but it might have been; such a fall would have caused more injury to the skin; I do not think the appearance of the bruise consistent with a fall. (To the Court.) The bruise might have been caused by falling on his head on the pavement, but I think the skin would have been cut more if that were the case.
REGINALD LARKIN , divisional surgeon N Division. At 8.45 p.m. on November 5 I saw Greaves in Guy's Hospital. There was a swelling just above and behind the right ear and he was suffering from the symptoms of a fractured base of the skull. The bruised condition (there was no laceration), in my opinion, was caused by the head striking the flat surface of the road or flat surface of the kerb in consequence of his being pushed over; he must have fallen to his right, his head coming into contact with the ground first. It could have been caused by the blow of a truncheon or some other hard instrument, but not by a fist. I have taken charge of the case from December 6. He is neither mentally nor physically fit to give evidence yet.
JOHN HOWELL , waterside labourer, 22, Porlock Place, Bermondsey. My landlord's name is Perrin. November 4 was his daughter's birthday. He, his wife, I and my wife went to the "Whitesmith's Arms" that evening about 11.30. The Martins now in the dock and their brother George were in there and we all started talking together. I do not remember anyone else who was there. I never heard any singing. About 11.55 p.m. us four and the three Martins went straight to 22, Porlock Place; there may have been six altogether accompanied us,
but I can only give the names of the Martins. We took two or three quarts of beer with us. They all left together, at 1 a.m. it might be. I heard them singing up the street; I never saw which way they went. I then went to bed. On November 8 I identified the two Martins as being in my house that night.
To Mr. Hardy. I did not see James Welch in the "'Whitesmith's Arms" that night. I had had a glass or two when I got there and I felt a bit "dicky" then, but I will swear positively that Mike Martin was in there when we got in. I asked the Martins to come home with me, but I did not ask anybody else; they were all welcome, however. I did not ask a man named Hawks. On getting into the house I fell asleep on the stairs, and I was sick in the yard. All the three Martins left together with the rest. I am quite sure it was the two Martins I identified subsequently and not James Martin and Jones.
To Mr. Dunbar. I will not swear that Clifford did not come to my house. I do not think that he and James Martin left before the others; when I woke up I went upstairs and bid them all good-night and they went. I do not remember a great lot about it.
THOMAS MANVELL , hop porter, 3, Holcomb Buildings, Maze Pond. At 8.30 p.m. on November 4 I went to the "Whitesmith's Arms" and was in there two hours. There were in there Browning, Button, Dick Robinson, Jim Clifford, Mike Martin, Jack Jones, and several others; they were talking. I did not see George Martin. I believe they were all there when I left. I returned about 11 p.m. The same three prisoners were in there. I stayed till about 11.50. There was no singing. I know Hawks; he was in there the first part of the evening; I cannot say about the second.
To Mr. Hardy. I did not see James Martin in there. It is impossible for me to tell everybody who were in there and what they did.
RICHARD C. T. E. ROBINSON, hop porter, 63, Richardson Street, Bermondsey. On November 4 I was in the "Whitesmith's Arms" from 8 p.m. till closing time. To the best of my recollection Randall, Mike Martin, and Clifford were there till closing time. On coming out I went straight home.
To Mr. Hardy. Manvell came in after me. I cannot swear positively that either of the Martins were there.
WILLIAM HAWKS , labourer, 28, Crosby Row. On November 4 I was in the "Whitesmith's Arms" from about 9 p.m. till closing time. Amongst the people that I knew there were Manvell, Robinson, Mike Martin, Clifford, Randall, and Jim Martin; the last one came in late. I met a man named Howell, who I did not know before. He asked me, Mike Martin, Clifford, Jim Martin, and Randall to come round to his house after closing time and we went with several others besides those, including George Martin. We took some beer and we had singing and dancing. I left before the party broke up and went home; arriving there about 12.45. I got into bed about 12.55. I heard no singing in the streets. Soon after 1 p.m. on the following day I was in the "Whitesmith's Arms," when Mike, Jim Clifford, and Randall came in; they did not all come in together. I told Clifford that two
men had been at our house inquiring about a constable being injured at the bottom of the street. He did not say anything at the time we were talking about it; but he mentioned the name of George; he said, "George hit him and I ran home"; he did not say whom George had hit or describe him in any way; I did not know whom he meant; I did not ask. He did not tell me how George had come to hit the blow. We only had a few words conversation. I know what a "copper" is; Clifford said George had hit a "copper." He said that he, Clifford, had fallen down three times in running away. He said, "I was nicely last night" and asked me what time I had got home, and I told him I had left a long time before him. He asked me how many cans did I reckon we had had at Howell's place and I said eight; each can holds a quart and there were eight of us.
To Mr. Hardy. The Martins could not hear what Clifford was saying to me. On November 4 Mike Martin came in a long time after I had gone into the "Whitesmith's Arms." I know Welch; I did not see him there that night. I was about drunk when I left. I cannot say whether Mike Martin left 22, Porlock Place two or three minutes after we got there.
To Mr. Watt. Since that night I have not seen George Martin at all.
To Mr. Dunbar. On the Sunday I was quite sober. When I told Clifford about the two detectives coming to my house he did not say, "I know nothing about it." Where we were standing nobody could hear what we were saying. I have spoken to one or two people in the "Whitesmith's Arms" about this affair. I am sure it was Clifford who said this.
ELIZABETH GOLDSMITH , wife of Goldsmith, greengrocer, 86, Snow's Fields. On the night of November 4 I went to bed at about 12.45. About 15 minutes later my husband came up. After being in bed about 15 minutes I heard singing in the street and what I took to be a constable's voice saying, "Stop that noise. Haven't you had enough for one night." The noise then stopped and then I heard a scuffling of feet and a heavy thud, as if someone had fallen very heavily. My husband opened the window and looked outside. He told me to get the whistle and blow it. I did so. I saw a constable lying in the road between the rag shop and the (builder's shop next door, his head being nearer to us; he was about two feet from the kerb. After a little while Harper and a policeman came along.
To Mr. Hardy. Just at the corner where our house is it is very dark when the lights from the public-houses are out. It sounded as if there were more than four people scuffling.
Re-examined. I did not when I looked out of the window see anybody but the policeman lying in the road.
CHARLES HARPER , steam fitter, 93, (Snow's Fields, Bermondsey. I have lived there about three years. Just before 1 a.m. on November 4 I was going to lock up, when I heard some singing, which seemed to come from Newcomen Street. I opened the door and looked out; this would he a little after one. I saw nothing, so I waited a few minutes. Then I saw a gang of from five to six men come and stand at the
corner of Crosby Bow. As they came round the corner the singing stopped suddenly. Opposite No. 87 I could see the head of a policeman; he had a helmet on. Three of these men were standing in front of him and some behind; I do not know how many there were behind. They were all in the roadway. Then there was a sort of scramble between them and they all ran away; four of them ran past me and on the same side of the road down Snow's Fields. By the gas lamp fixed to the next house to mine I recognised Mike Martin and Jones; I have known Mike Martin two years and Jones five years; I could almost distinguish their figures standing facing the constable, but not quite. Passing me one of them said, "That's the way to stop the o—s"; I am not certain who said that. They all went round the corner about 50 yards from my house into Kipling Street and I lost sight of them. Before getting to the corner one of them fell down three times. I saw a shadow lying in the road and I put on my boots and went there. It was a policeman; he was quite unconscious; the nearest part of the body to the kerb was his head; it was three feet away. 'His helmet was lying About three yards away. I heard a police whistle blown and some policemen came. He was bleeding a lot from the side of his head.
To Mr. Hardy. It would be about 56 yards from my house to the corner of Crosby Row. These men could not have possibly have come from Newcomen Street or I should have seen them; from where I was standing I could see about 30 yards down that street. When I first heard the singing I looked up and down, but I saw nobody at all. From where I was standing to the spot where they were surrounding the constable it is not quite 30 yards. The fixed lamp I referred to is not as much as 16 yards from my house; it is not 16 feet. (Detective-constable Trotter, recalled, stated that the lamp outside No. 91 was 12 yards from the door of No. 93). The men were standing surrounding the constable about 20 yards from the lamp. I know James Martin and Clifford by sight, but I could only identify for certain Mike Martin and Jones. I do not know where the rest of the men ran to. This was a very wet and dark night. 'When the policeman had gone down and four of the men had turned to run towards me I could see their faces, but not to recognise them; it was only when they got under the lamp that I could do so; I only had a second's glance, but I knew them so well that I could recognise them immediately.
To Mr. Watt. The lamp was 12 yards to my left between me and where I saw the men and the policemen. When the four men passed me their faces would be in the shadow. I recognised Mike Martin and Jones before they got to the lamp.
To Mr. Dunbar. I know James Martin fairly well, but not nearly so well as the others, and I know Clifford by sight; I did not recognise them amongst the four who ran past me.
He-examined. I knew Mike Martin when he was working at the rag shop some, time ago and I have known him "knocking about" with Jones. (To the Court.) It was not Mike Martin or Jones who fell down three times.
WALTER BRENNAN , general dealer, Holcomb Buildings, Maze Pond. On the night of November 4 I went to bed about 11.30. At about 1.10 a.m. I heard a noise at the door, but I did not get up. At 1.10 p.m. on November 4 I was outside the "Angel" public-house, when Clifford asked me if I had heard anything about a constable being knocked down. I told him I was not interested in it and knew nothing about it and if he knew who had done it not to tell his own brother, because there were enough "flatties" (detectives) about to take half the neighbourhood. He made a motion as if he was "shaping up" to show me how the constable "went out," and told me he never raised his hand to the constable because he was too drunk. I went voluntarily to see Jones in Brixton, when he was on remand. I asked him if he was the man who came down and knocked at my door on the Saturday previous and he said he was. I asked him how he came to be mixed up in it and he said, "I was standing outside a baker's shop of the name of Davies." I said, "Who did it?" and he said "James Martin was the first man who struck the blow. When I see the constable go down I came round to your house and knocked at the door." He said he had a rupture, so he could not run. Davies's shop is right opposite Maze Pond. Clifford told me on the Sunday that when he was running away he fell four times.
To Mr. Hardy. The only time I was taken by force to Brixton prison was for debt. I saw Jones on November 11 and then the next day I told Manvell what he had told me. Then the police, hearing what I had told Manvell, made me make a statement. I have always known James Martin as a respectable young fellow. I did not go to see Jones with the intention of asking him something about this case; it first started by my asking him how he had got mixed up in it. His brother asked me to go and see him and I went as a friend. I never heard it said that George Martin had struck the blow.
To Mr. Dunbar. I should have tried to see Clifford at Brixton Prison if I could not have seen Jones. I do not think Clifford refused to see me. On November 5 I was not in the "Whitesmith's Arms" at all. I said to him, "It ain't half hot round here with the detectives" only after he told me that the policeman had been knocked down; I did not start the conversation about it. He did not say, "What's on now?" and I did not say, "Over the 'copper' being knocked out." I was talking with him about an hour, but I do not remember the other conversation. I know Hawks, but I have never spoke to him about this case, although I have seen him about five times since November 4.
REGINALD LAEKIN , recalled. (To the Court.) I have grave doubts whether Greaves will ever be fit for duty again; he is rather silly as regards memory, caused very likely by the severe injury to his head.
(Thursday, January 11.)
ROBERT BLYTH , general dealer, 28, Crosby Road. On November 4 I went to the "Whitesmith's Arms" between 8.30 and 9 and stayed there till closing time. I saw Clifford and Mike Martin there; I do not know George Martin. I might know him by sight. At closing
time I went with Mike Martin, Clifford, and some others to a friend's house. There were two women there, Howell's wife and another man's wife. The other prisoners may have been there but I do not recollect seeing them. I left Ho well's at quarter to one; I was drunk. The next day (Sunday) I went to the "Whitesmith's Arms" again between 1.30 and 1.45. I saw Clifford talking to Hawkes. James Martin came in there. I did not notice any of the other prisoners; I did not hear any conversation between these men. (Mr. Justice Lush, having been referred to witness's depositions, gave leave to counsel to treat him, as a hostile witness.) I gave evidence at the police court on November 28; my deposition was read over to me and I signed it as being correct. I said "I went to the house; Hawkins went with me; the mar that belongs to the house invited me. There were Clifford Jim Martin, Mike Martin, and two more. Johnson and George Martin were there." I cannot recollect saying that; there were two men there, but I do not know whether they were Johnson and George Martin. I said there was some more in the house but I do not know their names. I did say as to the next day (Sunday) "While I was there until closing time George Martin, Mike Martin, and a few others came in." That is true. I did not remember it when I was examined just now. I do not remember any conversation taking place in the "Whitesmith's Arms." I did not say "One of the Martins, I do not know which, talked about the policeman being knocked about." I remember making a statement to Inspector Carl in, which I signed. (Examination upon this subject was objected to Mr. Justice Lush said that, having given leave for this witness to be treated as hostile, he would not limit the examination.) This is the statement: "Just before three o'clock Martin, Clifford, and Jones left the urinal where they had been talking and came and stood near me and Hawkes. One of the Martins, I do not know which one, said 'Did you hear about a copper being knocked out early this morning?'" I signed it as being correct. It is not correct. I was drunk in the morning when I was giving my evidence. I had just woke up out of a drunken sleep when they came for me. I was not drunk when I went to the police court. I was not drunk when I made the statement to the inspector, but I had just woke up out of a drunken sleep. On Sunday I left the "Whitesmith's Arms" at three o'clock. Me and Hawkes went over the road with a couple of other fellows; I do not think It old the inspector that we all left at closing time; I think I said they left before closing time. In the statement it is "We all left at closing time," I cannot recollect all the names after two months. I said "that is all I know and all I want to know," because I did not want to be brought into it. I only know prisoners by sight. I had nothing to say to them. I have known Mike Martin about two years. I have only seen them in the "Whitesmith's Arms." They have been together when I have seen them.
Cross-examined. I made the statement to the Inspector on Saturday, November 25; I was in bed when Serjeant Griss came to where I lodge; my father let him in. I am a dealer; I generally finish work at seven o'clock at night. Griss told me to come to the station.
I did not know that he had no right to compel me to go; if I had known they could not I would not have gone. I went to the station with Griss; the Inspector asked me questions. He asked me if I had seen any of the Martins in the house on this night, and I told him I saw all the Martins there. At the police court I said, "I saw Mike and Clifford there a little after 9.30"; that is what I have said to-day and it is correct. While in the "Whitesmith's Arms" I was not drunk, but I had had a drop. I have no certain recollection of seeing Mike after leaving Howell's house.
FREDERICK LOCKYER , manager of the "Guy's Arms," Kipling Street, S.E. On the night of November 4 I was at home when I heard a row going on outside; I looked out, but saw nobody; in a few minutes I saw four men come round the corner from Kipling Street into Guy Street by the park railings; I heard no singing or shouting. This was about ten past one.
Mrs. LOCKYER, wife of previous witness, gave similar evidence.
Mrs. MOLLOY, 4, Guy Street, next door to the "Guy's Arms." About ten past one I was standing at my door when I saw two men at the corner of Kipling Street; I heard one say "I hit him like this." The taller of the two men had on an overcoat; I cannot say what colour. I cannot recognise the men.
HENRY ROBERTSON , Pickford's carman. About 1 a.m. on November 5 I was with my mate Irving in Newcombe Street. At the corner of Crosby Road I saw a small crowd of men; one man fell; there was a gang of about six round him. One shouted out "Hold that one." They ran a way towards Snow Fields. I ran and fetched Inspector Stone and on returning to the spot with him found that the man I had seen fall was a policeman. I cannot identify any of the gang I saw.
Sergeant RANDOLPH HODGSON, M Division. On November 7 I was keeping observation with other officers in Newcombe Street. About 3.30 p.m. I saw Clifford, Wm. Martin, and Jones, I followed them to Park Street; there Clifford and Wm. Martin entered the "Brewery Tap," Jones remaining outside. I went into the "Tap" with Sergeant Crisp. I told Martin I should arrest him for being concerned with others in wounding a police officer in Snow Fields shortly after one on Sunday morning. He replied, "I know nothing about it; I was not there; I can prove where I was." On the same night I went to 147, Western Street and saw J. A. Martin. I told him he would be arrested, and what for; turning to his wife he said, "Don't upset yourself; it will be all right; God forbid that I should ever do such a thing."
To Mr. Hardy. J. A. Martin is a married man; I believe he is of perfectly good character.
Detective-sergeant ALFRED PYE, M Division. On November 7 I went into the "Brewery Tap" in Park Street and called Clifford out. I told him he would be arrested, and what for; he replied, "I expected this, but you must understand I am not so black as I am painted. You
know I used to have a business in Snow Fields at one time, and I only know these people through having a drink and that kind of thing. At the station he said, "It looks to me as if you know all about it." I bow all the prisoners and have seen them together very frequently.
To Mr. Hardy. J. A. Martin has been working for his living; no previous charge has been made against him.
To the Court. I knew Policeconstable Greaves; he was taller than either prisoner and a powerful man.
Detective-sergeant WALTER GOODE proved the arrest of Jones on November 7. On the way to the station Jones said, "This is hard for me; I was going in the infirmary tomorrow for double rupture." At the station he said, "I did not strike him; I suppose we shall be picked out."
Detective-sergeant WILLIAM GRISS, M Division. On November 7 I saw W. Martin detained at Southwark Police Station. He asked me what he was there for. I said, "For attempting to murder a policeman on Sunday morning last, early." He said, "I am innocent; I never struck him; shall I be put up for identification?" I said, "Very likely." He said, "Oh, Christ, that's done it; if we are picked out 1 suppose we shall have to put up with it, although I am innocent." On November 25 I went to Blyth's house and he made a statement to me; he was perfectly sober. I accompanied him to the station.
To Mr. Hardy. Blyth came with me quite voluntarily. I did not tell him that he need not accompany me unless he chose. He knew that I was a police officer.
Divisional Detective-inspector FRANCIS CARLIN, M Division. On November 7 I saw Jones, Clifford, and Wm. Martin at the police station. I told them the charge and explained that it was open to them to give an account of their movements on the previous Saturday night and (Sunday morning, but that whatever they said would be taken down. The three elected to make statements. (These were read; the three men declared that they were not near the scene of the assault at the time it must have been committed. J. A. Martin made a similar statement later.)
This concluded the case for the prosecution.
On the suggestion of his Lordship the prosecution withdrew the charge upon the first count, and a verdict of not guilty of feloniously causing grievous bodily harm with intent to murder was returned.
Upon the count charging intent to do grievous bodily harm, counsel submitted that there was no case to go to the jury.
Mr. Justice Lush said that although the case was somewhat thin, there was some evidence and it must be for the jury to decide.
After a short deliberation the jury expressed the opinion that there was not sufficient evidence to justify a conviction and returned a verdict of Not guilty.
BEFORE THE RECORDER.
(Wednesday, January 10.)
CLAY, Henry Wallace (48, clerk), pleaded guilty of feloniously causing to be delivered to himself certain property, to wit, three postal orders for 18s. each by virtue of a forged declaration, knowing the same to be forged, and attempting to commit the said offence, in each case with intent to defraud; feloniously causing to be delivered to himself certain property, to wit, three postal orders for 18s. each by virtue of a forged medical certificate, knowing the same to be forged, and attempting to commit the said offence, in each case with intent to defraud; obtaining by false pretences from Harold Benjamin King three postal orders for 18s. each, the property of the trustees of the Hearts of Oak Benefit Society, with intent to defraud; stealing 11 £5 Bank of England notes and the sum of £1 10s., the goods and moneys of Edith Shilstone.
Prisoner confessed to a conviction of felony at the Bristol Assizes on July 7, 1902. Two convictions in 1892 and 1902 were also proved.
Sentence: Three years' penal servitude.
Prisoner confessed to a conviction of felony at this Court on February 29, 1904. It was stated that he had been working as a fireman on board ship and had been endeavouring to earn an honest living.
Sentence: Nine months' hard labour.
Four convictions were proved against the prisoner for similar offences: It was stated that he had been helped by the St. Giles Christian Mission, but he was considered a hopeless case.
Sentence: Eighteen months' hard labour.
DENNIE, James (23, clerk), pleaded guilty of obtaining by false pretences from Charles George Woodcock £1, with intent to defraud; stealing a cheque book containing 45 cheques, the goods of the said Charles George Woodcock.
Sentence: Twelve months' hard labour.
COBB, John Joseph (36, box cutter), pleaded guilty that, having been entrusted with certain property, to wit, by Ada Greenslade with £20 0s. 2d., by Mary Scott with £30 0s. 3d. and by Maud Wilsenham with £17 3s. in order that he might retain the same in safe custody, unlawfully, he did fraudulently convert the sums of £3 10s., £5 5s., and £3 respectively to his own use.
It was stated that the prisoner had been 14 years in the employment of Mr. Spratt, box maker; that a Christmas sharing—out club was formed among the employees, and prisoner was made treasurer, but when the money came to be shared out there was a large sum missing, Prisoner was stated to have given way to drinking and gambling. Sentence: Three months' imprisonment.
DAVISON, Emily Wilding (36, tutor) , attempting to place against a Post Office letter—box a match and other dangerous substances; placing in a Post Office letter—box matches and other dangerous substances.
Mr. Forster Boulton prosecuted.
Inspector Francis Powell, New Scotland Yard. On December 14 I was in Parliament Street from 1.20 p.m. near the post office. I saw the prisoner walk from the pavement up to the letter—box at the post office, which stands slightly back from the pavement. Her back was towards me. I know her by sight. She was wearing a long coat, which hid her arms to a certain extent. When she got close to the letter-box her head was stooped and she appeared to be striking matches. I rushed up behind her and looked over her shoulder. She was holding a small packet in the left hand, one of the top corners of which was slightly alight. She held it in that position for a minute us if to give it an opportunity of becoming more alight. It touched the aperture of the letter—box. I seized the packet with my left hand and is doing so extinguished the flame. I took her into custody to New Scotland Yard. When there she sat in a room; as I was leaving the room she called me back and said, "Do you know I set fire to two in the City this morning, a pillar—box in the middle of Leadenhall Street—it 'burned "(I presume she meant the contents)" as what I put in was well alight and it was the most effective; the other was facing the Mansion House and Mappin and Webb's. I confess that I set fire to a post office, 43, Fleet Street, on Friday last"-that would be on December 8-"and on the Monday following I went up to a policeman to be arrested." I asked her if she had seen the policeman since and she said, "No, but I know his number, it is 185." She immediately corrected herself and said, "'Why he is sitting there." As a matter of fact he was in the room in plain clothes. Prisoner was taken to Cannon Row and charged, but first she was searched. In her presence the matron who searched her handed me two similar packets to this one and told me she found them on prisoner. I held them in my hand and prisoner said, "Yes, they are my property." This is one, Exhibit 3. I opened it. It contained a piece of calico saturated with what I thought was paraffin, but it was kerosene. This (Exhibit 1) is the packet that was alight in prisoner's hand when she was arrested. I examined that and found linen or calico inside, also saturated with paraffin. It was quite wet at the time. At Cannon Row policestation just previous to being charged she made a statement. I said to her, "You know you can make a statement if you like, but whatever you say, of course, will 'be used in evidence." She said, "I did this entirely on my own responsibility; I refer to the whole of the various
attempts." She was then charged and in reply said, "What about the other charges? It was kerosene, not paraffin." On the remand she was charged with the offence in connection with the Fleet Street Post Office on her own confession. In answer to the charge she said, "Certainly, the matchbox was not wrapped up in the linen and paper. That was a separate package. I used one of the matches, then threw the box in. I set the linen packet alight. I threw first the packet in, then the matchbox. A boy saw me do it. You quite understand there was a witness to the Mansion House case. A man saw it. He stopped for a minute." She was taken before the magistrate and committed for trial. She was called upon in the usual way and made the statement which is attached to the depositions.
Cross-examined by prisoner. The reason I was in Parliament Street on Thursday, December 14, at 1.20 was because I had instructions from my superior to keep observation on certain pillar-boxes and post offices. He may have received information which made him think that something was going to happen, but I do not know. When I first saw you I had just come from the Strand Post Office and was going in the direction of the Houses of Parliament. You had not your back towards me. At Scotland Yard I said that I knew you would do something to a post office from your past history. At the time I was not expecting to see you. I know nothing against your character beyond certain matters connected with the movement to which you belong: I believe it to be a good one. You had no object of personal spite in this matter. I do not know whether you had anything to gain in this matter.
Alfred Thomas Skeggs, postman at Fleet Street Post Office. On December 8 at 1.30 I was taking post bags off the collection and tying them up. "When the usual collector came I handed them over.
To prisoner. I did not notice a smell of kerosene, as unfortunately I cannot smell.
James William Arthur Staines, sorter, Mount Pleasant District Post Office. I received from the Fleet Street branch office a letter bag collected at 1.30 on December 8, which I opened. Amongst other items I found a box of wax vestas not wrapped up in anything, also a flat packet of grease-proof paper with no address on. It was a piece similar to Exhibit 5. It was tied up with a piece of white cotton. It contained a piece of white rag smelling of paraffin very strongly. One corner of the rag was scorched as though it had been set on fire and had gone out. I could not say whether recently or not.
To prisoner. None of the letters around it were charred or burned. One vestal had apparently been used in the bag. That was thrown in separately from the box. The only damage was some grease on one of the packages. I do not think any letter could have been burned completely.
Parliament Street. There were some letters and postcards. There was nothing special to attract my attention.
The RECORDER. I do no know why this witness was called.
Prisoner's statement before the magistrate: "My motive in doing this was to protest against the vindictive sentence and treatment that my comrade, Mary Lee, when she was last charged at this Court received, compared with the treatment awarded to Lady Constance Lytton, who has done far more damage. Secondly, I wished to call upon the Government to put Women Suffrage into the King's Speech on February 14, 1912. As the protest was meant to be serious, I adopted a serious course. In the agitation for reform in the past, the next step after window breaking was incendiaries in order to draw the attention of the private citizen to the fact that the question of reform is their concern as well as that of women. Three points I wish to make about my act. First, I might have done with perfect ease a great deal more damage than I did. I contented myself with doing just the amount that would make my protest decisive. Secondly, I walked on the Thursday, December 14, into the Aldgate district, but would not do any damage there, because the people were of the poorer class. Thirdly, the reason I offered to give myself up on Monday, December 11, was that I thought Post Office officials might have been suspected of the deed as there was trouble in the Post Office just then. Finally, women are now so moved upon this question that they feel that anything necessary to be done must be done, regardless of the consequences, but the consequences do not really lie at their door, but at the door of those who have refused to deal with the question as a matter of justice."
EMILY WILDING DAVISON (prisoner, not on oath) made a long statement dealing with the question of the suffrage for women. She admitted committing the offences, but continued: There was no malice in what I did. It was a purely political act and was done from no motive whatever but to draw the attention of the public to the iniquitous state of affairs now existing; and it has long ago been recognised in England that men who do any act of violence from a political motive must be differently treated from those who do it with a purely personal motive: that is the distinction between the political prisoner and the ordinary criminal.
The Recorder. There is no such thing as a political crime: it is either a crime or not a crime.
Prisoner. I am aware that that has been argued in the Courts, but custom has now proved that that is wrong. For instance, there are the cases of O'Brien, Cobbett, and Dr. Jameson.... Technically, of course, I suppose I must be judged to be guilty, but morally I am not guilty; morally it is you before whom I stand who are guilty; you, the private citizens of this country and the Government that you choose to represent you, who keep women out of their just rights as citizens, and in so doing absolutely prevent your country having the right to be called a democratic country; that is, a country where the rights of the people hold good; and so long as you exclude women
from these rights, upon you lies the blame of any act that they may have to commit in order to procure those rights.
Mrs. ELINOR PENN GASKELL, 12, Nicoll Road, Willesden. I know prisoner very well. The motive with which this act was done was decidedly a political motive. I know that all these deeds are simply done to call the attention of the public to the great cause for which we stand. I know prisoner to be a woman of the very highest character and honour, and that she would not do any deeds of this kind with a personal object.
Inspector FRANCIS POWELL, recalled. I have known prisoner for some years. She has six convictions against her, for assault on the police, obstruction of the police, and doing wilful damage, all in connection with the Women's Suffrage movement. She is highly respectable beyond this movement. She has given the police a great deal of trouble.
Sentence Six months' imprisonment.
BEFORE THE COMMON SERJEANT. (Wednesday, January 10.)
Prisoner confessed to having been convicted at Sheffield Quarter Sessions on December 31, 1908, receiving seven months' hard labour for purse stealing. Three other convictions for larceny were proved. He was stated to be an associate of pickpockets.
Sentence: Twenty-one months' hard labour.
SMITH, Hugh Ernest (31, clerk), pleaded guilty of attempting to obtain by false pretences from Frederick Herbert Weltshire two copies of a book, the goods of William Ellerby Green and others, with intent to defraud. Obtaining by false pretences from Frederick Herbert Weltshire on November 23, 1911, one copy of a book, and on November 24, 1911, two copies of a book, the goods of William Ellerby Green and others, with intent to defraud. Feloniously forging and uttering an order for the delivery of two copies of a book, with intent to defraud. Feloniously uttering on November 23, 1911, a forged order for the delivery of one copy of a book, and on November 24, 1911, a forged order for the delivery of two copies of a book, knowing the same to be forged, with intent to defraud.
Prisoner confessed to a large number of similar offences about the same time, and asked that they might be taken into consideration.
Sentence: Fifteen months' hard labour.
Sentence: Fifteen months' hard labour.
LIBERMAN, Reuben (18, tailor), and FIDDLER, Benjamin (17, stick maker) . Both unlawfully uttering counterfeit coin twice on the same day; both unlawfully possessing counterfeit coin with intent to utter the same.
Mr. Robert Wilkinson prosecuted; Mr. A. W. Elkin appeared for Liberman.
Liberman pleaded guilty of unlawful possession, which plea was accepted by the prosecution.
Detective-sergeant HENRY GARRATT, G Division. On January 1 at about 8.30 p.m. I was in company with another officer in Old Street, St. Luke's, when I saw the two prisoners loitering outside the tube station; they walked towards City Road; Fiddler crossed the road and went into a shop. When he came out he made a, sign to Liberman by taking off his cap twice. He joined Liberman; they went on while I called in at the shop and received coin produced from Bessie Lieberman. Fiddler went into another shop; Liberman walked on. I stopped Fiddler as he came out and found coin produced in his hand. I said, "This is a counterfeit coin and so is the one you just tendered in purchase of a mantle in 161, City Road." He said, "My friend outside just gave it to me." I said, "This is the friend you refer to?" He said, "Yes." When charged at the station he made no reply. Liberman in the presence of Fiddler said another man had given him the coins. I saw no one else with them. When Fiddler was searched 1 1/2 d. was found on him.
LOUISA HEIR , confectioner, 110, City Road. About 9 p.m. on January 1 Fiddler came into my shop and asked me for 2d. worth of butter chocolate; as I had not got that he asked for 2d. worth of nut chocolate and tendered me a florin (produced) which I found was bad. 1 told him it was bad and he said "I have only got 1 1/2 d.," returned the sweets, and went out.
Cross-examined. I gave Fiddler the coin back. BESSIE LIEBERMAN, 161, City Road. About 9 p.m. on January 1 prisoner asked for a 3d. gas mantle, tendering a florin which I tested and thought was good. I handed him mantle (produced) and 1s. 10d. change and put the florin in the till. After he had left a police officer spoke to me; I took the florin from the till, it being the only one there, and gave it to him.
Detective-sergeant FREDERICK BIGGS, G Division. In company with Detective-sergeant Garratt I kept observation on the two prisoners. I saw another man speak to Liberman at the corner of Bath Street and city Road. Liberman, on seeing me, ran away, but I caught him. I found on him eleven florins (produced) in his left-hand trousers pocket and two florins (produced) in his right-hand trousers pocket wrapped up separately in tissue paper, and the incandescent mantle in his coat pocket.
Police-constable ALFRED CLAYTON, 112 H. On December 29 at 10.15 p.m. I was called to a confectioner's shop, 114, High Street, Shoreditch, and met Fiddler just leaving the shop. I followed, stopped him, and said, "You have got a counterfeit coin in your possession, have you not?" He said, "Yes, here it is." I took him back
to the shop and searched him. As he had no other counterfeit coin in his possession I took his name and address and let him go.
Cross-examined Fiddler said his name was Benjamin Phillips of 14A, Belman Street, and that the bad coin was given to him with his wages.
Prisoner's statement before the Magistrate: "I was with him" (Liberman), meaning to go to the Shoreditch Empire. We met this other fellow at the corner of Calvert Avenue. He asked me if I could get some coppers for three 2s. pieces; I said I would get copper for them in a public-house, not knowing they were bad. He said, "It does not matter about going into a public-house. I live in Islington and if we take a walk down City Road you might go into a shop and get me some chocolates.' The lady told me the coin was bad; I looked at it and could not tell the difference between that and a good one. I told him she said it was a bad one; he said, 'She does not know what she is talking about,' and wanted me to go to the mantle shop. I did not know the coins were bad."
BENJAMIN FIDDLER (prisoner, on oath). On January 1 at about 8 p.m. I was walking along Mount Street when I met the prisoner Liberam, who was a friend of mine, and we agreed to go to the Shoreditch Empire together. I told him that I only had 1 1/2 d. and he said, "My pal Sam will lend you the rest." In Calvert Avenue, Shoreditch, we met a pal of Liberam's whom I did not know; Liberman and he had a conversation which I did not hear. Then this man said to me, "It is too early for the Shoreditch Empire, you can accompany me down to Islington because I live down that way." When we got to the corner of Old Street he said to me, "I have got a few 2s. pieces which I want to get changed." I offered to change them in a public-house, but he said, "Let us take a walk down City Road where I might change them myself." At the corner of City Road he said to me, "Will you get me some chocolates from this confectioner's shop at the corner of the road there. "He said any 2d. packet would do. I got some Fry's chocolate, and was surprised when the lady said it was bad.
I went back to this fellow and told him the woman said it was a bad one; he said, 'The lady does not know what she is talking about; surely a post office would not give me bad 2s. pieces. In case it is a bad one I shall have to keep it separate. We went on and as we passed the mantle shop he said, "It just reminds me, I Want a 2d. mantle, go in there and get me one and whistle me across the road." He handed me a 2s. piece and I bought the mantle. I did not make any signal at all with my cap. He wanted me to carry the mantle, but I refused as I was afraid of breaking it and gave it to him; I did not see him hand it to Liberman. He asked me if I smoked; I said, "Yes," he said, "Go into that shop and get me a packet of Park Drive
cigarettes, that will be the best way of getting rid of my 2s. pieces which I have' Liberman, being suspicious that the coin was bad, examined it and said he could see no difference between that and a good one—"It is all right." I went into the shop and asked a little girl there for the Park Drive cigarettes, but she could not understand me. She called out "shop," no one appeared, so I walked out. As I got to the door the officer took me back into the shop where I was searched; I handed him the 2s. piece. He said I had passed one in the mantle shop; I said I did not know it was bad. We were then taken to the police station.
Verdict, (Fiddler, guilty, with a recommendation to mercy.
Both prisoners were stated to have been in good employment and had good characters; Fiddler had been suspected by the police for some time.
Sentences: (Each) three months' hard labour.
MIRINI, Anthony (27, agent), and ALLEN, sidney (24, clerk) . Both feloniously stealing one letter and a cheque for £2 11s. 9d., the property of Frank Osborne and Company, Limited, and feloniously receiving the same; both feloniously uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £50 11s. 9d., with intent to defraud; Allen stealing a postal letter and a cheque for £1 10s.1d., the property of Frank Osborne and Company, Limited.
Mr. Muir and Mr. Cassie Holden prosecuted; Mr. St. John Hutchinson defended Mirini.
BAZIL CHARLES HUSBANDS , 26, Great Portland Street. I have an account at the Great Portland Street Branch of the London City and Midland Bank. On November 24 I drew a crossed cheque (produced) for £2 11s. 9d. in favour of F. Osborne and Company to whom I owed that sum. It has been altered to £50 11s. 9d., both in words and figures. I posted it with a statement to F. Osborne and Company, 27, Castle Street, East, the same evening, at 7 p.m. in a pillar-box opposite my office.
JAMES THOMAS HUNT , director of F. Osborne and Company, Limited, 27, Castle Street East, W. In November Husbands was indebted to our firm in the sum of £2 11s. 9d. I never received cheque produced. Endorsement on the back of the cheque, "F. Osborne and Co., F. Osborne, director," is not my signature nor that of any one authorised by my firm. Letters addressed to us are received in a locked wire letter box on the door when the premises are closed. On November 25, at 2.30 p.m., I examined that letter-box and saw that it was locked and empty. Envelope addressed to our firm containing our statement of account for £1 10s. 1d. and cheque drawn in favour of our firm for that sum, were never received by us. The post-mark is 2 p.m., November 25, 1911.
BERNARD WADE , cashier, London City and Midland Bank, Great Portland Street. On Saturday, November 25, at 12.25 p.m., I was acting as receiving cashier when I noticed the prisoners, whom I had never seen before, and a Mr. Boswell in the bank. Mirini handed me
cheque (produced) which I passed to my manager, Mr. Etheridge, who was acting as paying cashier. I then stretched my hand across the counter to Allen; he made no response, but turned and looked out of the glass door. Etheridge then told me to take on his work and I noticed Allen had left without transacting business or speaking to anyone. Etheridge went into his office to examine the cheque; when he. came out Mirini bolted with the manager after him who returned in 5 or 6 minutes and used the telephone. On Monday, November 27, at Marlborough Police Court I picked Allen out from among nine others as the man I had seen with Mirini; the following Monday, December 4, I picked out Mirini at Tottenham Court Road Police Station from 10 or 12 other men as the man who presented the cheque On December 4 I gave evidence against both these men at the Police Court; in crossexamination Allen asked if I saw him put his hand in his pocket in the bank and gave a reason which I cannot remember for asking that question. I said, "No."
Cross-examined by Mr. Hutchinson. We were very busy that morning; it was near closing time. It was a dull morning. I naturally banded on any cheques for payment to Mr. Etheridge as soon as I could. A police sergeant called the next morning; I gave a description of Allen but not of Mirini.
MORTON ETHERIDGE , manager, Great Portland Street branch, London City and Midland Bank. Between 12 and 1 p. m. on Saturday, November 25, I was acting as receiving cashier when my cashier, Mr. Wade, handed me cheque (produced). I said to Mirini, whom I identify as being the person who presented the cheque, "Who do you come from?"He answered indistinctly "Husband" or "Osbornes"; I asked him again and he said "Osbornes; I am porter at Osbornes." I said, "Wait a moment, I will see if it is all right," because I saw it looked rubbed. I then took it into my room; seeing it was a forgery, I came out and rushed towards Mirini, who was standing with his hand on the handle of the door; he threw open the door and bolted. I chased him; just at the entrance to the bank someone attempted to trip me and I stumbled, but went on after Mirini, who ran in the direction of Euston Road; I lost sight of him, came back, and telephoned to the police. At the time the cheque was presented a Mr. Boswell and a man whom I cannot identify were in the bank.
(Thursday, January 11.)
To Mr. Hutchinson. We were rather busy at the time the cheque was presented. I suppose I saw Mirini's face from five to ten seconds. The same day I described Mirini to the police as a man about twentysix years old, about 5 ft. 8 in. high, square jaw, had the appearance of a workman, clean shaven, but I could not positively tell whether 'he had a moustache or not; I said I could recognise him.
LEWIS CHARLES BOSWELL , 26, Norfolk Street, Streatham, corroborated the evidence of Bernard Wade. In this court this morning I picked out Mirini from a number of other men as being the man who presented the cheque.
To Mr. Hutchinson. I have not talked over this case since. I noticed Mirini because of the peculiar way he was talking; I saw him full face. I could not swear to Allen.
Police-constable GEORGE PROSSER, 226 D. At 7.30 p.m. on Saturday, November 25, I was keeping observation on 27, Castle Street, East, in company with P.C Hatch, when I saw Allen come up from Oxford Street and stand at the corner of Castle Street; after looking up the road he went and stood outside 27, Castle Street. I was not in uniform; I feigned drunkenness and fell down opposite No. 27. Allen looked at me, then looked up and down the road, and then took a piece of cardboard out of his pocket, put something on the end of the cardboard, which I afterwards found was small hooks, and then inserted the cardboard into the letter-box of No. 27. He then pulled it out and took off the cardboard what appeared to be a letter and put it in his pocket. He then did the same thing again and got out another letter. I got up and went towards him; when he saw me he ran away; I caught him after running some distance, and said, "What are you doing taking letters out of that box?" He said, "I am not taking letters out, I am delivering letters.' In his hand he had a piece of bent cardboard (produced) and an unaddressed envelope which contained a circular (produced). Finding there was nobody at No. 27 I took him to the police station after telling him I should charge him with stealing these letters. On the way he said, "Well, I have got nothing to grumble at about you, but I can tell you one thing, you are playing one game and I am playing another, and if I can get out of it I shall. I think I can, for I shall say I was under the influence of drink, and I can get witnesses to prove it, and don't forget if I go down the others will. I shall get legal aid." On searching him I found two knives and one latchkey, ten small keys, three pawn-tickets, envelope containing six paper fasteners, three gummed labels, some bills and memos, eight pieces of cardboard; I also found a letter containing a cheque hidden inside his shirt cuff. I had noticed him fumbling with his coat. These pieces of cardboard and paper fasteners can be used for fishing letters out of letter-boxes.
Cross-examined by Allen. Allen did not say," If I go down the other end,' he said, "If I go down the others will." When I was taking him to the station Allen asked me to let him have a drink in; a public-house, but he did not say he had too much to drink; he was sober.
Police-constable ALBERT HATCH, 128 D. On November 25 I was with the last witness, when I saw Allen go along Castle Street East to the door of No. 27. Police-constable Prosser then feigned drunkenness and followed him. Allen then began fishing in the letter-box and ran away when Prosser came across to him. I ran round another street to cut prisoner off, but did not see him, and when I arrived at the station I found him in custody.
Detective-constable HENRY GARRATT, G Division. About 7 p.m. on December 2 I was in King's Cross Road, when I saw Mirini standing outside No. 99, a barber's shop occupied by a man named Desperito, who is Mirini's brother-in-law. Mirini, on seeing me, waited till I came past, pulled his cap over his eyes and went into the shop. I followed and found him sitting 'amongst some customers. I said, "Mirini, I want to speak to you." He said, "What do you want to speak to me for? "He then ran to the door at the back of the shop. I caught him; he commenced to struggle violently. I said," You are wanted for being concerned with Sidney Allen, alias paice, who is in custody at Tottenham Court Road, for stealing a letter and uttering a forged cheque." He then shouted out to somebody in the shop, "Do you hear that, Ernie, they are going to take me for being concerned with Sidney." He then went quietly to King's Cross police-station, when he said, "If I get convicted for this I will cut your head off." I have frequently seen the two prisoners together.
To Mr. Hutchinson. After having been given a description of the man wanted I made up my mind I would arrest Mirini. I did not see the prisoners together within ten days of Mirini's arrest.
Detective-sergeant HARRY FARRANT, Division. At 8 p.m. on December 2 I saw Mirini in custody at King's Cross 'police-station. I said, "You are detained on suspicion of being one of two men who on Saturday, November 25, at about 12.45 entered the London, City, and Midland Bank and uttered a cheque which had been altered from £2 11s. 9d. to £50 11s. 9d."He said," What time did it happen? "I said," The letter containing the cheque had probably been stolen some time during the morning, but the cheque was uttered about 12.45 on Saturday, November 25." He then handed me two letters (produced) and said, "Take care of these letters, they are from Sidney." They are from Allen at Brixton Prison and were in one envelope. One dated November 29 is "Dear Tony.... See if you 'can find Butler and ask him if he is going to be a witness for me, or perhaps I could explain better if you come up here and see me." The other, dated December 2, is "Dear Tony,—Did you find that chap and tell him what I said? and ask him to bring up some clothes, and also to go to the 'Stag' public-house and ask the old man over the bar if Curly is there; if you see him he will pay your fare, etc., and some fruit." Both those letters are addressed to 99, King's Cross Road. After the identification on December 4 Mirini was charged; he again asked me what the time was. I told him the time alleged and he said, "I cannot help it if Allen comes to my brother-in-law's shop to get a shave; he has been there two or three times during the past fortnight." When charged Allen said, "What time did it happen? I was at work all day that Saturday."
November 25, I left 27, Penton Street, which is a hairdresser's shop, and went down Rosebery Avenue into Mount Pleasant. I then went to Pool's Buildings and met my uncle, Andrew Mirini, who has an organ shed there. I stayed there in company with my uncle, a man named Rose or "Jewy," who had a pile of music under his arm, a cripple who had lived next door, and my brother, till my uncle closed the shop at about 1 p.m. Then I and my brother, who had come up 20 minutes before the shed was closed, went down Warner Street to our mother. I went there to see if my uncle would have a bet, as it was the day of the Manchester November Handicap, which was the last flat race of the year, but my uncle refused. I was never in Great Portland Street that day. Allen is a friend of mine; I saw him in prison after his arrest; I had not seen him since 11 days before his arrest. On the following Saturday the officer arrested me at 99, King's Cross Road, but I refused to come until he told me what the charge was.
Cross-examined. I got to my uncle's shed at 12 mid-day and stayed until 1 p.m. As I made no bets during that time I wasted an hour on a very important betting day. Between 12 and one, on Saturday, November 18, I was either at 99, King's Cross Road or 27, Penton Street, which is my brother-in-law Oliver's shop. Between 12 and one, on December 2, I was at 27, Penton Street. I went round to my uncle's organshed on Friday, December 1, in company with my uncle, my brother, and a man with one leg from about 10.30 a.m. for about 20 minutes. On the day I was arrested I did not see the officer before I went into Desperito's shop, and I did not pull my cap over my eyes. I did not say to Detective Garratt, "If I get convicted for this I will cut your head off"; that is quite untrue. I once asked Sergeant Farrant what time it was. I said, "I can fetch witnesses." I went to Brixton Prison on Friday, December 1, to see Allen, but I only had four minutes' conversation with him. He did not ask me to get witnesses for him. Before that visit I had received a letter from him asking me to go and see Butler, whom I had seen, and I understood Allen wanted him because Butler was his employer, but I did not know where Butler lived. Allen did not have time to explain that to me when we were at the prison; I went to Brixton to ask him about Butler. Allen told me he was going to be charged with trying to cash a cheque, but he did not tell me when or where. I knew Butler would usually be about Tottenham Court Road. Allen did not tell me what to say to Butler, so that I cannot explain why he wrote to me, "Did you find that chap and tell him what I said?" When he writes "that chap" he must mean Butler. He also tells me in the letter dated December 2 to see "Curly." I have never heard of Curly, and know nothing about him. On the day when I was arrested when I went into Desperito's shop I asked if there was any letters for me, and was handed that letter; I only read the first five lines of it because Garratt arrested me. Allen tells me in that letter to go to the "Stag" public-house; I do not know where that is. I do not know what "fruit" doubly underlined means.
Andrew's organ shed and left at 1.15 p.m. During that time Mirini, Ned Patman, William Nathan, and I were talking about the Manchester November Handicap, which was on that day.
Cross-examined. The shed usually closes about 1.15 or 1.30 p.m. I go down to the shed at the same time every day and remain there the same time. I was told that Mirini was accused of a crime on November 25.
WILLIAM NADING, EDWARD PATMAN , 11, Pool's Buildings, organgrinders, and ANDREW MIRINI, organ proprietor, uncle of the prisoner Mirini, corroborated the last witness. Nading and Patman, in crossexamination, admitted that November 25 was suggested to them as being the date.
ANDREW MIRINI , crossexamined. Mirini's brother was not there on November 25. Sergeant Farrant and another officer called on me and I made a statement to him. I did not say, "Prisoner left again soon after he came. I should say about 12 o'clock; it may be earlier or perhaps a little later, but he did not stay very long that day. I do not remember exactly the time." I said the prisoner left at 12.30 or 1 p.m. I said, "Prisoner was there until 1.30 on December 2." I did not say "I cannot fix the time for November 25." I said, "I went to the solicitor for the defence of Mirini, and told him 'I cannot say exactly the time, but it may have been about one o'clock.'" The solicitor then said they wished me to say it was a quarter past, and I said, "No, I am not going to make it half-past one." I also said to Sergeant Farrant, "Although I told the solicitor that prisoner left there about one or 1.15 I knew it was earlier than that when he left. They wanted me to come as a witness, but I refused." I did not say, "But I refused because I did not want to be put in the dock for perjury," because I do not understand what "perjury" means.
Sergeant HARRY FARRANT, recalled. On December 14 at 1 p.m. I saw and took the following statement from Andrew Mirini at Poole's Buildings, "I let organs out on hire and can give the names of men who take them out, also the dates. I open each morning about 10 a.m. The prisoner Anthony Mirini is my nephew. About 10.30 or 11 a.m. on Saturday, November 25, prisoner came to me. Ernest Rose, also known as Jewy, was there at the time—he did not take an organ that day. Nathan Williams, who is also known as 'Tich,' and Ned Patman were also standing here when Mirini was here on November 25. His brother was not here that day. The prisoner left again soon afterwards. I should say about 12 o'clock—it may have been earlier or perhaps a little later, but he did not stay very long on that day; I do not remember exactly the time. On December 2 he was here till 1.30. I remember that quite well, but cannot fix the time on November 25. I do not want him to come here. On Monday, December 11, about 4 p.m. I was called upon by Ernest Desperito. He said, 'I want you to come and see the solicitor, Mr. Ricketts.' I told him I did not want to see him. He replied, 'You are wanted to state the case as to the time Anthony was here on Saturday, November 25.' I went to see the solicitor at his offices and he asked me the time prisoner was in my shed on November 25. I told him I could
not say exactly, but it might have been 1 o'clock. The solicitor said, 'That won't do, you must say he left at half-past one.' With that I told him prisoner left here about 1 or 1.15. I knew it was earlier than that when he went. They wanted me to come as a witness, but I refused as I did not want to be put in the dock for perjury."
To Mr. Hutchinson. I was given to understand Andrew Mirini was not going to be called as a witness for the defence.
SIDNEY ALLEN (prisoner, not on oath). Of course I pleaded guilty to stealing a letter. I wrote to Mirini, but when he called on me I was on punishment for smoking in the cells and was only allowed to see him for four minutes, and so I did not have time to tell him about going to see Butler, who is a man I have worked for. I wrote to Mirini asking him if he had seen Butler, because I thought he knew where to find Butler. I did not say to Police-constable Prosser, "If I go down the others will "; I said, "If I go down the other end," meaning Brixton, "I shall get legal aid." I wanted Mirini to see my friends for me and make arrangements for my defence.
Verdict (each), Guilty.
Allen confessed to having been convicted on July 29, 1911, at Bow Street Police Court in the name of Allen Paice; receiving six weeks' hard labour for stealing a bag, the property of Messrs. Osborne and Company, by means of a trick. Mirini confessed to having been convicted at this Court on September 9, 1908, of stealing a parcel by means of a trick, receiving twelve months' hard labour. Other convictions proved: Allen—October 27, 1911, 14 days at the Mansion House Police Court for frequenting. Mirini—Bow Street Police Court on November 26, 1909, receiving 12 months under the Prevention of Crimes Act for attempted larceny; three months at Clerkenwell Police Court on March 30, 1908, for frequenting; three months at the Mansion House Police Court in November, 1907; nine months at the Manchester City Assizes, February 7, 1906, for receiving stolen property in the name of John White; nine months and one month at Southend Police Court on July 20, 1903, for larceny; and other small convictions. It was stated that Mirini was never known to do any work. Allen was said to have had a good character up to 18 months ago, when he met Mirini.
Sentences (each): Five years' penal servitude.
His Lordship commended the prudent action of Police-constable Prosser by which the arrest of Allen was effected.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 10.)
MURRAY, George (42, clerk), pleaded guilty of obtaining by false pretences from R.H. Halford and Sons, Limited, one tiara, four brooches, and one cigarette case; and from Arthur Martin Parsons and another one necklace and one pendant in each case with intent to defraud.
Prisoner confessed to one previous conviction, and numerous others were proved.
Sentence: Three years' and five years' penal servitude; to run concurrently.
Mr. Roskill, K.C., and Mr. Leycester prosecuted; Mr. Francis Watt and Mr. Wells Thatcher defended.
Prisoner pleaded justification.
GEORGE CHITHAM , shipowner, Pentland Road, Roath, Cardiff. I received Exhibit I from prisoner, a registered letter, dated August 30, 1911. It states that he has within the last few days discovered that a sum of £200, belonging to his deceased son, William Lincoln Stephens, was invested in the Brecon and Merthyr Railway in B Debenture stock in the joint names of himself and one of his brothers, and that the same had been wrongfully and improperly transferred by the direction of prisoner's son, Thomas Hubert, the prosecutor, to himself and his sister Mary Louisa, without prisoner's knowledge or consent as deceased's administrator. It also says, "I regret to be compelled to give you this notice, having the misfortune to have, like many fathers, a dishonourable son, whose conduct I am obliged to bring before the court." I handed the letter to my brother. I thought there might be some fraud.
ARTHUR MATTEY , manager, Capital and Counties Bank, Bloomsbury Branch. I produce two letters handed by defendant to me, dated September 1 and September 2, 1911. He said he had the misfortune to have a son who was a thief, that he had robbed him of £2,000, and if he were not his son he would have him at Bow Street. I have no doubt that from his letters and conversation he charged his son with theft.
Cross-examined. The conversation lasted from seven to ten minutes, because I told him that the notice was of no avail and that people could not come to the bank and serve notice as regards a customer's account without an order of the Court; that I could not even tell him whether his son had an account there, and that if he had any notice to serve the head office was 39, Threadneedle Street. He was not and did not get excited. He seemed to be quite sincere in what he said and it raised the question in my mind whether his son had committed any fraud. Thomas Hulbert's account was in his sole name. He had been a customer nearly four years. He does not bank with us as Hair and Co.
it has been lost. He has disposed of the whole fund, £500, secretly I remember when living at home my mother asking what had become of her property. It caused extremely strained relations at home, my mother was kept in very bad circumstances, and my father's treatment of her was very bad. At times I had to interfere to keep the peace between them. As many as 16 years elapsed without his speaking to her. He took his meals alone. I remember the bailiffs being in possession at Purley in 1895. A safe was removed from there to the offices in London. I heard and believed that it contained the settlement papers and trust documents when it was at Purley. My father had the key. It was removed because my father accused my mother of trying to get access to the safe. She tried to do so because he would not give her any answer to her claim for being deprived of all her property and she could get no redress. She was practically penniless; her housekeeping money was insufficient and for clothes she had practically nothing. In June, 1902, the business of Hair and Son, which had been steadily falling for years, was given by my father by deed of gift to the family to fie carried on by my brothers William, Henry, and myself. It did not put us in any better position. My mother lent my father a bond for £1,300 in the Mersey Docks and Harbour Board. Certain legal proceedings resulted between them. I had the active management of Hair and Son and kept the family out of it as provided in the deed. William and Henry were invalids. William died. Owing to Henry's bankruptcy the partnership was dissolved in 1908. My father in 1902 threatened to retake possession of the business. In 1903 or 1904 Henry originated the idea of forming a firm of W. H. Dalton and Co. and provided £30 capital. That business was a failure. At the request of William and Henry in 1905 I commenced a similar business at a separate address under the name of Aitken and Co. and registered a trademark "Liquoid." In July, 1909, the freeholders wanted the Holborn premises for demolition. They paid me £2,000 for the surrender of the lease. My father knew of tie whole transaction; he was in daily attendance. In accordance with my father's instructions I paid £1,800 of that into the bank in the joint names of myself and William. There is no foundation for the suggestion that that was done to defraud the Inland Revenue. Of that £1,140 has been advanced to the business. Every penny has been accounted for, I believe. I have had none of the £2,000. Under an Order of February, 1911, all the costs of the litigation had to be paid out of the business. £200 was earmarked as part of my father's solicitor's costs; it stands in the joint names of my solicitor and myself in, I believe, my solicitor's bank. The letter of March 20, 1910, from Messrs. Courtnay, Croome, and Co. did not react me. They wrote on the 23rd that it had been returned by the post office. My father drained the business of every penny I could give him, and it was dragging the business down and down. That was the reason of our disputes every quarter when money was required. In an action brought for a declaration of the trusts of the marriage settlement affidavits were sworn by myself, my brother, and my clerk, also by the defendant. We took considerable trouble to
search for documents to find out what was the real position and were unable to find anything that would help my mother. We felt certain my father had the whole of the documents locked up in the safe. Acting with my brother George, who was trustee, we considered it our right to open and see what was in the safe. George obtained a key. We opened the safe and found documents, of which we took photographs and copies. That took a long time. We did not abstract any jewellery, or anything. After affidavit of January 31 had been sworn alleging that defendant had committed perjury my father immediately gave in. Under the Order of February, 1911, all allegations are withdrawn and my father has no further right to the business; he gets an annuity of £100. My mother was entitled to be at once paid the £1,125, for which she brought the action, out of the business. Mr. Swan, solicitor, wrote telling me she had transferred it and I must not communicate or have anything to do with her. I took the first train down and telegraphed George to meet me there. It was the first time I had entered the door. I did not intend to enter if I could avoid it. I saw my brother Henry first. My mother came at my request. We had a long discussion. George arrived and we discussed all matters. Henry seemed to be fighting against my mother and refused to come to any suggested understanding and insisted on our all going to see Mr. Swan at once. He told my mother the settlement was irrevocable, which greatly upset her. She said she never understood it. She reproached Henry for having deceived her. The statement in the plea of justification that I claimed money with menaces is absolutely without foundation. I sent a telegram to Tully to remove the furniture. It was not left unsigned with a view to secrecy; it contained our telephone number. My father served notices that the goods were stolen. The object of the intended sale was to provide for my father's costs, which under the Order had to be done.
Cross-examined. I have not been on good terms with my father since I had to provide for the family. He treated me with usual fatherly treatment in the early years. I believe he paid £100 to put me in the dental profession. The deed of gift was anything but a benefit to us. It put an enormous liability on my shoulders. The business could not meet its liabilities, and he knew it. My brother William died intestate in 1910, and I believe my father appointed, himself administrator. Henry went out of the business in 1908. I never claimed to be proprietor of the business for my own benefit. I was always ready and willing to give information to my father in the proper way, not behind other people's backs. He had tricked and deceived me, so that I could not think of meeting him without the rest, of the family. I wanted to protect them. He threatened to take away the business three months after the deed of gift, and I made up my mind I would never be threatened again if I could avoid it. I required protection from him. He is a very experienced and astute man. He has been a solicitor and barrister. He has robbed my mother of every penny, and tried to take the £2,000 too. The interest on the stock, which was transferred into my sister's and my name, has been paid into
the capital of the business, and is all accounted for. At the time of my brother's death the income of the business was estimated at £400 to £500. I did not deposit the business money in my own name; it was put into B. W. Hair and Son's account at the London, City, and Midland Bank, Bloomsbury branch. The money paid into my private account was what I was paid for my work in the business. I com-menced the business of Aitken and Co. because my father had threatened to retake Hair's business and leave the country. I was in the employ of the latter company. I thought it my duty to start a rival business in case my father turned us out. There was no similarity between the two asthma cures; Aitken's was the better. Aitken's did no business whatever. My solicitors advised me that we should claim the £2,000 obtained by the sale of the lease. As my father had robbed my mother of everything I was certainly not going to admit his right until we found everything was just. The £2,000 was paid into the Bloomsbury branch of the London, City and Midland Bank by my father's advice. It was disposed of by the order of February, 1911.
FRANK WILLIAM BARKER , clerk to B. W. Hair and Son. I was present when the safe was broken open by prosecutor and George Stephens, and assisted in copying documents which were in it. No jewellery or money was stolen from it in my presence. I did not keep pall the accounts upon which Mr. Graydon founded his investigation.
Cross-examined. I put the receipts of money paid before Mr. Graydon, but no others. I do not remember seeing any money or jewellery in the safe.
Chief-inspector FRANCIS MCKAY, Croydon and district. On December 16, at defendant's request, I called upon George Stephens at High Holborn. I also saw prosecutor. I did not warn him or make complaint as to 'his conduct. I had no instructions from defendant to do so. He did not admit that the had false keys giving him access to his father's private papers. The Croydon police have had nothing to do with tracing the property of defendant or prosecutor.
(Thursday, January 11.)
WILLIAM GRAY SIMMONS , assistant to Mr. Tully, auctioneor, Brighton. On March 2, 1910, I took possession of the furniture, etc., at Hazelville, Heathfield Towers, Sussex, on behalf of Mary Louisa Stephens. I produce an inventory of everything that was removed. I removed no jewellery; I saw none. Henry Stephens, his wife, and child, were living there. He claimed and took away certain things, among them a despatch-box; I did not see what was in it. They left about three days before we cleared the goods. I do not produce a notice to Mr. Tully, of March 23, signed T. E. Stephens, headed "Express notice of
stolen property" Mr. Tully sent it back to the solicitors. I produce copies of other notices in consequence of which we retained possession of the furniture, which is now stored at Brighton.
MARY LOUISA STEPHENS , 13, Clarence Street, Bishop Auckland, Durham. I am the daughter of the defendant. For 20 years there has been great trouble between my father and mother. The quarrels were chiefly about money, and my mother's marriage settlement. My mother has repeatedly asked in my presence for an account of the trusts of her marriage settlement. I knew the lease had been sold for £2,000. After my brother William's death Hubert asked and I consented that my name should take the place of William's. He said it would be safer to have it in two names. I would benefit and it would be for this protection, and for the benefit of the business. My father asked me in Leicester to sign a certificate for some stock in a South Wales railway. He said it would do me no harm. I did not understand the transaction.
Cross-examined. I am not a business lady. I trusted my brother. When he asked me to sign a thing I should use my judgment. Father took mother to America on pleasure once or twice. It was not on account of her health. She went to Egypt on account of her health about 30 years ago. She never went to Russia, France, or Italy as far as I know. My father went alone.
THOMAS ENGLISH STEPHENS (prisoner, on oath). I am a bencher of the Middle Temple, I was admitted a solicitor in 1873. I was chairman of the Wallasey Local Board for one year and member for many years, Parliamentary candidate for Plymouth and mid-Worcester, president of the Purley, Coulsdon, and District Liberal Association for many years, and have been a J.P. for the County of Surrey since 1907. It is absolutely untrue that I have not spoken to my wife for 16 years.' The story of my family quarrels is not true. The bond I never had and never saw, and that is one of the imputations withdrawn by my wife under the Order of February, 1911. It is untrue that I kept her short of money. The property in the marriage settlement made 44 years ago consisted of only £500 in cash and a policy on my life for £500, on which I still pay the premiums. The bond was not in it. I advised prosecutor how the £2,000 should he invested. I said as it was the proceeds of the sale of the lease it was to be treated as capital and it ought to be put in the joint names of himself and his elder brother and used for the purposes of the business. I sent the notice of August 3, 1910, to prosecutor. I still believe every word I wrote. I wrote the letter to Mr. Chitham because the stock was originally in the name of William and prosecutor. It was subse-quently without my authority and without any intimation to me transferred to prosecutor and his sister, who had no interest in it and it was part of the £2,000 paid for the surrender of the lease. I wrote the letters to the manager of the Capital and Counties Bank because I believed it was my duty to my family to trace the whole of the
deceased William's estate. I had been left without any account of his estate with the exception of £35 and I had been left to pay the poor fellow's debts out of my own pocket. I gave my sons the best education they could command having regard to their own capacity and when they grew up the choice of any profession, and paid every bill. I articled prosecutor to a surgeon dentist and paid £100 premium. He did not pass his examination. He went through his mechanical course of three years. I gave Henry an excellent education. He has been an invalid almost from birth. He chose the medical profession and paid the whole of the fees. He did not get his diploma. He went abroad. He assisted in breaking open my safe. I was called to the Bar in 1886. I did not very actively practise except for old clients that I had as a solicitor. I bought the business of Hair and Son in 1887 or 1888 as a provision for my family with the intention of making a gift to my youngest son, the prosecutor, when he came of age, which I did. I made other investments as a provision for my family. I insured my life and that of my wife for £1,000 each and paid the premiums for 30 years until the business took over the liability. I provided a comfortable home. Before we went to Purley we had a house at Highgate, rent £130 a year. We were at Purley 19 years. I bought the lease. The rental value was £110. As prosecutor grew up I had difficulty with him on account of his temper. He used to put himself in a fighting attitude when I remonstrated with him for any irregularity, and would threaten to smash me. He twice threatened to commit suicide, first with a pistol, then with chloroform. I cannot give the dates. I did not want any interest in the business of Hair and Sons, except sufficient to keep up the household expenses and a nominal sum for myself. I gave prosecutor the partnership for nothing; I gave it to the whole of the boys; George was precluded by being a medical student, but he had power reserved by the deed to come in. I executed a revocation for the purpose of protecting the business from any adverse claims against George. I explained to prosecutor why I did it. I cancelled it shortly afterwards when George left the country and got married. The real revocation came years afterwards. On William's death prosecutor asserted his right to the whole of the business as surviving partner, and the whole of the £2,000 which, being for the sale of the unexpired term of the lease, I regarded as capital money. I directed that it should be carried to the credit of the two brothers to pay the expenses of the transfer of the business, etc. I went to see Mr. Croome, the solicitor to the firm, who wrote prosecutor, and we called upon him. We explained that we had come on a friendly visit to see what could be done to readjust the business and account for the £2,000. Mr. Croome said he knew the whole of the facts. Prosecutor got into a terrible rage, and declined to give us any information. He said that we two astute lawyers had come there to entrap him. I took out letters of administration for my deceased son William. I could only trace assets of £35. I made frequent efforts through Mr. Croome to find out where the rest was, but could get no information. He said there was no help for it but to apply for partnership accounts, and if refused to bring an action. I issued a
writ. I believe a statement of claim was issued and pleas filed. Prosecutor brought an action. It was nominally in the name of his mother for the return of a bond she alleged I had in the Mersey Docks and Harbour Board for £1,000 or £1,100. That action was settled by the Order of February, 1911. I did not hold that bond. I had been in negotiation for some months for the extension of the business of Hair and Son by appointing agents in Germany and France. I took my wife over to Germany and through France, getting agents very satisfactorily. I told her when discussing at hotels that I could not extend the business without money, but I did not want her to deprive herself of anything, and she offered me the deposit of any security I liked for the purpose, and I accepted the bond as a deposit and the business was extended. My bankers advanced the money and I used it in the business. My whole thought an. object was to extend the business for the benefit of my family. I took her three times to the United States at my own expense, and once to Egypt. I have taken her to the seaside and to Devonshire for her health and recreation. The safe was mine absolutely. I bought it when I started practice. It was removed from Purley to Holborn and put into a private room, where I had the exclusive use of the desk, which was reserved by one of the deeds. Nobody had access to the safe but myself. The keys have never been out of my possession for 30 years, except on the last journey I took to New York, when they were put in an envelope which I had put three seals on, directed to my eldest son, my executor, in case of my being lost at sea. When I returned I found them intact. Early in January, 1911, I found my papers in the safe all in confusion, £10 or £12 in money, a few small diamonds and trinkets were missing. I do not know where my son George is now. He cannot be found. The payment of £1,125 to be made to the plaintiff, my wife, under the order February, 1911, has not been made to my knowledge. It was to come out of the business. I have not withdrawn the lien on my policy in the Norwich Union. I am quite prepared to withdraw it if the order is carried out in other respects. The lien amounts to £1,029. In the first instance the marriage settlement funds were in the hands of two other trustees while they lived. The appointment of settled property mentioned in the third paragraph has not been made; it is waiting for the payment of the costs. As to the policies on the lives of myself and wife, I had notice that the last premium was paid. As to the fifth paragraph, I am prepared to pay the costs when the order is carried out. I have been paid my annuity, but irregularly. My wife had a private banking account. I did not interfere with that in any way. I knew the £200 had been invested in Debenture stock of the Merthyr Tydfil Railway Company before the date of the order, but what was concealed from. me was that it had been transferred after William's death to prosecutor and his sister. It was never intended she should be given a proportion of the £2,000 in addition to the provision I had made for her in my will.
Cross-examined. I made at least £1,000 a year when I was at the Bar. I cannot tell you the year when the Mersey Docks bond was lent to me. I do not know that the bond was a legacy to my wife.
As far as my memory goes the bond was given me for the purpose of extending the business. I have not said my wife never pressed me for the return of the bond. Prior to the date of the action she requested me, did not press me. She may have pressed for the payment once or twice, but the bond had to run out. I had to have six months' notice, as you will see in some of the letters. I never knew that anything was in my daughter's name until after the settlement of February, 1911. (A distringa affidavit bearing defendant's signature sworn April 25, 1910, handed to witness.) I was in error. I presume I must have seen this account of April 19, 1910. I cannot believe, in the face of this, in the statement I made that I believed the money to have been used by my son. Mr. Graydon's statement this morning as to every penny of the £2,000 being accounted for is the first I ever heard of it. I was offered on April 19, 1910, to have the books audited by a clerk who is not a qualified accountant. There was £500 short to be accounted for, which was said to be in the bank. I got a copy of the account at the bank and no sum of £500 was there. That was the London City and Midland Bank, Holborn Circus, where the business account was. I complained that the business account had been transferred to the Bloomsbury Branch. The manager at Holborn suggested I should go to Bloomsbury. That was the first intimation I had that there were two accounts. I think the letter from Courtnay Croome to me of March 22, 1910, refers to the Holborn Circus Branch. I think I was entitled to apply the marriage settlement property for the purposes of the business. I will not swear I did not know perfectly well I was committing a breach of trust; it is a question of fact and construction. One of the original trustees predeceased the other, and the surviving trustee was my wife's brother. When he knew that the money was going into the business for the benefit of the family he consented, not at my request, but at heir's. My solicitors had the whole facts before them. They knew it was absorbed in the business. I really have the effrontery to tell the jury that prosecutor instigated his mother to bring the action against me, and he has instigated her to bring an action which is pending against her own eldest son at this moment. I declined to sign any terms unless the allegations made in the actions were withdrawn. I did not allege that prosecutor opened the safe; he alleged it himself. I am sorry to say I do not believe the allegations I made were untrue. I do not maintain them, but what I maintain is what has occurred subsequently. I was perfectly prepared to shake hands all round and bring peace and a father would do it on any terms. The allegation that prosecutor was a common thief I made no general publication of; I may have sent a copy to another brother. The £500 up till this morning has never been accounted for as far as my recollection goes, otherwise I should Dot have made any charge against prosecutor. He distinctly refused to give any account of it. I think my solicitors will bear me out. I am the custodian of my children's interest, and it is my duty to see that one is not benefited more than another. I do not want any portion of the money myself. For the first 20 years my married life was happy. I treated my wife well. For 30 years I have endured married misery.
I instructed my solicitors to write to my wife's solicitors, "Our client declines to consider any terms whatever with a wife who has wrecked his home and happiness and broken every promise of amendment she has made for 32 years past. While in a first-class hotel in September, 1878, and wanting for nothing there or at home, she robbed all his pockets of all the English money he possessed during his sleep, and suffered the wretched servants to be arrested for her crime." Everything in that letter is perfectly true.
(Friday, January 12.)
BEFORE MR. JUSTICE LUSH.
(Thursday, January 11.)
SYMS, Thomas (61, solicitor), pleaded guilty of, having received certain property to wit, a banker's cheque for £989 3s. 2d., for and on account of Elizabeth Burgess, unlawfully fraudulently converting the same to his own use and benefit.
Mr. Bodkin and Mr. Leycester prosecuted; Mr. George Elliott K.C., and Mr. Sidney Lamb appeared for prisoner.
Mr. Elliott, K.C., urged on behalf of the prisoner that he seemed to be obsessed by an extraordinary belief in certain spiritual phenomena. That would explain why he had been gradually led into a course of conduct, as the result of which he found himself in this position of humiliation. He had acted in a most incredible manner as to the disposal of money, and was led by some imagined auto-force to the belief that he would be in a position to repay everyone. He sent bank notes to spiritualistic media for transmission to the spirit of a doctor who died in Melbourne seventy years ago, in order that the doctor might advise him as to his investments. Counsel submitted that the man's moral sense had been weakened through these beliefs.
Mr. Justice Lush asked whether any proceedings had been taken against the persons who had received sums of money from prisoner.
Mr. Elliott said he had reason to think that this would be done, and if so his client would be willing to assist the hands of justice.
Mr. Justice Lush decided to postpone sentence in order to see what steps were taken and what assistance prisoner rendered.
BEFORE THE RECORDER.
(Thursday, January 11.)
Prisoner confessed to a previous conviction of felony at this court on November 8, 1908. Four convictions prior to 1908 were proved, the first two of a minor character. He was stated to be a hard-working man, but had recently been discharged from work through his bad temper and drinking habits. It was urged on his behalf that he had committed this offence under the influence of drink.
Sentence: Eighteen months' hard labour, the Recorder remarking that the next time prisoner came to this court he would be sent to penal servitude.
HARVEY, Frederick (37, labourer), pleaded guilty of breaking and entering a certain place of Divine worship, to wit, St. John's Church, Paddington, and stealing therein one chalice, two cups, and other articles, the goods of the churchwardens of the said church. Prisoner confessed to a previous conviction of felony at the Reading Assizes on January 30, 1907, when he was sentenced to five years' penal servitude for a similar offence. In all, there were no less than four convictions of sacrilege against him, on two of which he had been sentenced to penal servitude.
Sentence: Five years' penal servitude.
GREEN, James (26, labourer), pleaded guilty of robbery with violence, together with another person whose name is unknown, upon Adolph John Forster, and stealing from him £8, and one watch and chain, his goods and moneys.
Prisoner confessed to a previous conviction in the name of Charles Brown at the Chelmsford Quarter Sessions, on May 26, 1909, when he was sentenced to three years' penal servitude for house breaking; his sentence expired on May 20 of this year. Two convictions in 1907 and 1908 were proved; on the first he was bound over and employment found for him, of which he did not take advantage. The prosecutor in this case, a man of 82 years of age, had been gagged and bound at his own house by prisoner and another man prior to the commission of the robbery.
Sentence: Five years' penal servitude.
DAVEY, William (21, labourer), robbery with violence upon Mary Butler Packer and stealing from her £10 or thereabouts, the moneys of Thomas Packer; stealing in the dwelling-house of the said T. Packer the sum of £10 or thereabouts, his moneys; assaulting Mary Butler Packer.
Prisoner pleaded guilty to the first two indictments and confessed to a previous conviction of felony at Alder shot on August 10, 1908.
Prisoner had committed this offence in the absence of the prosecutor from his house, there only being there at the time the maid servant, whom he was courting, and Mary Butler Packer, who was lying ill, and whom he threatened with a knife. He had gone to Ireland, from where he had written a letter of contrition to the maid servant, offering to give himself up. Two convictions in Ireland and a further conviction in England were proved. In 1908 he was discharged from. the Army with ignominy.
Sentence: Five years' penal servitude.
Mr. Collard prosecuted.
DENNIS CARROLL , assistant foreman, Nicholson's Wharf, Thames street. In the afternoon of December 20 I wanted three men and I called on three outside the wharf gates, one of whom was prosecutor. About 20 men were waiting, amongst whom was prisoner. I gave the three men tickets and as they were coming in prisoner stopped them and wanted to look at their union tickets. They showed them to him, but somehow prosecutor's ticket did not seem to satisfy prisoner and he said, "That won't do. A few words arose between them and prisoner struck prosecutor, who fell to the ground. He tried to get up, but his ankle was broken. I did not notice prosecutor strike any blow at all.
Cross-examined by prisoner. I did not hear prosecutor use a filthy expression to you when you asked him to show you his ticket. I did not see you kick him.
GEORGE KAY , gatekeeper, Nicholson's Wharf. About 3 p.m. on December 20 a ship came in and about 12 men, who were waiting outside for labour, were taken on to unload. Afterwards the last witness came and took on three more men, amongst whom was prosecutor. Prisoner, who was standing outside, said to him, "You aren't going to work. "Prosecutor said, "I am not like you; I am not barred from working down here. There's work down here to be done and I am going to do it." Prisoner struck him in the face and the blow appeared to twist prosecutor round. As he was recovering prisoner struck him with his right fist, knocking him on his back. I saw that his ankle was broken and I said to prisoner, "See what you have done—you have broke his leg. "He said, "Yes, I struck the old b—. A policeman arrived and attended to the prosecutor.
To prisoner. I did not see you kick him.
To the Court. When prisoner asked prosecutor for his card he said, "You are only one of us; I shall not show it to you. "I did not see prosecutor strike prisoner at all.
Police-constable ALBERT EDDENDER, 247 City. About 3 p.m. on December 20 I was in Thames Street, when I saw a crowd round Nicholson's Wharf. I went up and saw prosecutor standing on his right leg supported by prisoner and another man. I bandaged prosecutor's leg; he was taken to the hospital. Prisoner was taken to the station and in answer to the charge he said, "Lacey used a filthy expression to me. I struck him with my fist."
BENJAMIN LACEY , waterside labourer. On the afternoon of December 20 I was in Thames Street waiting for work, when Carroll employed me with two other men. As I was going down prisoner said, "Where are you going?" I said, "To work." He said, "Do you know all the others is gone home?" I said, "I cannot help their troubles. I am out for work." He said, "Show me your book?" I said, "You don't mean my book; you mean my confederation card." He said, "No, I mean your book." I said, "I ain't going to show you my book"; he isn't supposed to ask for that—only the card. He
came behind me and punched me in the jaw and kicked me in the ankle. I was knocked down. I went to get up, but found my ankle was broken. I was taken to the hospital, where I remained till the 30th as an in patient. I did not strike him at all. I have only spoken two or three words to him in my life.
To prisoner. I did not use any filthy expression to you before you struck me. I did not make an attempt to strike you. I did not see you kick me; I only felt it.
—.THOMPSON, M.B. On December 20 I was house surgeon at Guy's Hospital when prosecutor was brought in suffering from a fracture at the ankle joint; both bones of the leg were broken, and there was also a graze on the near side of his foot and a twist of the foot characteristic of the fracture, which might have been caused by his being kicked or else by his twisting his foot as he fell. We kept him in for about 11 days. He will have to be in plaster another five weeks, and then in all probability there will be a permanent disablement of the ankle joint. He will be able to get about all right, but he will not be able to resume his present employment.
CHARLES RIDDING (prisoner, not on oath). Lacey would not show me his book, saying, "You are one of us; you are not the secretary, you—," and then he used a filthy expression. He made to strike at me, and I struck him in self-defence and he fell. I did not kick him at all. I lifted him up when he found he could not get up.
Verdict, Guilty. It was stated that for the past six months prisoner had been barred from work on this wharf on account of his bullying nature; he was a labour agitator.
Sentence: Eighteen months' hard labour.
TAYLOR, Frederick James (21, clerk), and DE LA CROIX, Henri (26, clerk) , unlawfully conspiring together by false pretences and other unlawful means to cheat and defraud Charles Darby of his money; (second count), unlawfully conspiring together in a similar manner to cheat and defraud Robert Hunt of his money; de la Croix, stealing an inkstand, the goods of Hugh Mayfair; stealing one mug and other articles, the goods of Laura Marshall; stealing a cigarette holder and other articles, the goods of Sir William Colling; feloniously demanding and obtaining the sum of £1, the property of His Majesty's Postmaster-General, under, upon, and by virtue of a forged instrument.
De la Croix pleaded guilty of the charges relating to Play fair and Sir William Collins.
Mr. Forster Boulton prosecuted; Mr. St. John McDonald defended Taylor.
The indictment relating to Darby and Hunt was first proceeded with.
CHARLES DARBY , porter, 9, Coleman Street. Being out of work on December 9 I advertised, saying that I wanted employment in any capacity. I received this letter in reply, asking me to go to 44, Noble Street. I went there on December 12 and found prisoners in a small office on the third floor. Taylor said, "You are willing to take on any kind of work? We are about to engage political dispatch bearers for the Home Rule campaign," and he asked me if I was willing to take
on that kind of work. I said, "Yes," and they said I should have to take despatches to Lloyd George, Asquith, and Bonar Law, and to Chamberlain at Birmingham. He said I should be allowed three days to go to Birmingham, and that I should be paid second-class travelling expenses, and if I could do the journey in a day it would be all the better for myself. I was to be paid 15s. a day, and if I liked to travel third class I could make a little bit for myself. He asked me if I could find security for my honesty. De la Croix asked me if I was in the Post Office, by which I took him to mean had I an account there. I had not, and told him so. He then said, "You could make a deposit of a shilling and get a book," which he told me to bring to them, and they would keep it as security for my honesty and identity. I went to the Lothbury Post Office, and with a shilling opened an account. I got this book (Exhibit 5), and on the next day I went there with Hunt, a friend of mine, as I wanted to get him employment; he is a bank messenger. I saw prisoner and said, "I have brought a friend who will stand security for me." They had said they wanted a personal security also. I handed Taylor my book. I was told I was to commence work on December 27. I informed the police on the 12th and prisoners were arrested on the 13th.
Cross-examined by Mr. McDonald. De la Croix did not take any part in the conversation until the latter end.
Cross-examined by de la Croix. I did not say that Hunt was going to lend me a shilling to open the account or that we were without money.
Re-examined. Hunt learnt about my advertisement and the answer I got after my first visit.
Detective-constable ROBERT HUNT, City Police. I have known Darby since December 13. At 11.20 a.m. on that day in consequence of instructions I went to 44, Noble Street, Darby was coming out of the office and I said, "Half a minute, Charlie, wait for me," and I followed him in. He introduced me to both prisoners as a man seeking employment. Taylor said, "No doubt your friend has explained to you all particulars." I said, "Yes, but I should like to know a little more about it. De la Croix said, "You see we are political agents and we want reliable men as dispatch bearers for the Home Rule Campaign." I said, "Have you got authority from the Home Office to engage us as dispatch bearers?" He said, "We do not give that information, but have you good references?" I said, "Yes, I can get three years' character from the Capital and Counties Bank." He then said, "Have you a banking account?" and I said, "Yes, with a few pounds in it." Taylor said, "We do not want a book with a lot of money in it because we shall have to detain it as to your honesty and identity and in the meantime you might want to draw the money out." De la Croix then said, "You can open another account on the Post Office with 1s., which will satisfy us as to your identity and honesty. Taylor said, "When you commence your duties you will have to treat them with the strictest confidence, because you will have to convey messages to both parties—sometimes to Asquith, Lloyd George, Chamberlain at Highbury, Birmingham, and others. Your wages will be 15s. a day and second-class
travelling expenses for the Birmingham journeys. If you want to make a little money, you can travel third-class; we do not object to that." De la Croix said, "Of course, if you travel first-class, you will have to pay the extra out of your own pocket. You will have to hold yourself in readiness at any time as you will never know when we might send you a telegram." He asked me whether I had any objection to working through the Christmas holidays and Sundays, and I said I had not. He then said, "If you open a banking account for one shilling and come back again at 2.30 that will do." I went to the Throgmorton Avenue Post Office and opened an account with a shilling and got this book (Exhibit 1). I returned with it and gave it to de la Croix, who examined it and, handing it to Taylor, said, "This will do better than having a pass-book as it will satisfy us as to your honesty and identity." I asked him for a receipt for the book, and he gave me this (Exhibit 2), signed "Taylor and de la Croix." Taylor gave me one of their cards, but he struck out "Agents for the Anglo-Canadian Finance Company," saying "That has nothing to do with this business." De la Croix said, "We shall send your bank-book to our Liverpool headquarters. No doubt we shall get it back by Friday, and you can expect a letter from us on Saturday. In any case, if you don't hear from us you will attend at the office at 11.15 on Monday and we shall pay you according to the number of days we are likely to engage you next week, but you will have to be here on the 27th; when you will start regular, and then we pay you five guineas a week every Monday. We do not want to pay you by the day." I accepted those terms. As I was about to leave de la Croix said, "If you are in want of money I will refund you the shilling, but we must keep the book," and I said, "That's all right; I have my receipt."
To Mr. McDonald. De la Croix gave me the impression of being the leader. Exhibit 6 is a list of the things I found at the office. Taylor refused to give any account of himself when arrested. As far as I know he has been leading an honest life.
FLORENCE RAIN , widow. I let the premises, 44, Noble Street. On December 7 de la Croix came there and asked to see the office on the third floor, which I had advertised. I showed it to him, and he said it would do, but he would have to bring his partner, Taylor, the next day to see it. The rent was agreed at 6s. 6d. a week. On my asking he said they wanted the office for an agency. He came next day with Taylor and paid me a week's rent in advance, for which I gave them this receipt (produced).
To Mr. McDonald. When he came with Taylor the second time he did not say anything about Taylor being his partner. Taylor asked de la Croix to pay me the 6s. 6d., and he did so.
Detective-inspector JOHN COLLISON, City Police. On December 12 Darby and other persons made certain complaints, in consequence of which I gave certain instructions to Darby and Detective Hunt. On December 13 I went to 44, Noble Street. As I entered the door de la Croix said, "You wait outside a minute, please." I pushed my way in Taylor was there. I said, "I am a police officer. I understand you have been employing men for political purposes?" De la Croix
said, "Yes, we have." I said, "By whom are you authorised, and on whose instructions are you employing men?" He said, "I do not think we are required to answer you." I said, "I also wish to know for what purpose you have been obtaining Post Office Savings Bank books from these men?" He said, "As a piece of evidence. I refuse to say who has instructed us. Anyone may say they are police officers." I produced my warrant card, and said, "Will you now tell me by whom you are employed?" He said, "It is in connection with the Home Rule campaign. I am not at liberty to say by whom we are employed. We are occupied as agents to employ these men, 34 in all." I said to Taylor, "Who are you?" He said, "I am employed by this man." They had no further explanation to give, so I said, "I am going to charge you with obtaining, or attempting to obtain, these two Post Office Savings' Bank books by false pretences. "Taylor said, "What, me? What the devil for?" I took them to the station, cautioned them, and asked them if they had any further explanation to offer. De la Croix said, "If you engage a man, one wants to have some means of knowing whom you are dealing with, and that was the reason for getting these books—as a means of identity. I cannot tell you who has given us these instructions for employing these men. It is against the contract with the people who have employed us, so I cannot tell you." I was told in the police-court that I could give this evidence here when I told them I had not given it there. They gave their address as "Rowton House," Newington Butts. They were not known there, but from papers found in their possession I traced de la Croix as residing at 18, Harmood Street, Kentish Town, in the name of Faure and Taylor at 39, Wellington Street, Camden Town.
On Mr. Forster Boulton stating that the only further evidence he had to call was that of the landladies at the houses at which prisoners resided, the Recorder stated that there was no evidence to go to the jury, and directed the jury to acquit them.
Verdict, Not guilty. (Taylor was discharged.)
De la Croix was next indicted with feloniously demanding and obtaining the sum of £1, the moneys of the Postmaster-General, under, upon, and by virtue of a forged instrument.
WILLIAM FREDERICK BOWTELL , Sub-Postmaster, Southwark Bridge Road Post Office. On November 28 prisoner called and asked whether I did savings' bank business. I told him yes, and I asked him the usual questions, and how much he was going to deposit. He said 1s., and he gave me that amount. I gave him the application form, which he filled in as "Marc Rimmer, 19, Charles Street, Blackfriars Bridge." He stated that he had no other account. I gave him this book (Exhibit 2), No. 1,134, bearing the address, "Southwark Bridge Road, E." I recognised it by the outside cover and the date stamp inside. The entry I made, "November 28. One shilling. 1s.," has been altered to "Four pounds," but I can see no mark of an erasure. His name and address which I wrote at the top is not now in my handwriting, and my initials, "W. B.," which I originally put against the entry have been altered to "M. M." Nobody in our office has those initials. The date on the cover is still in my handwriting. (The
Recorder stated that an expert should have been called to explain how the erasure of the entry had been effected.) I identified prisoner on December 19. (To the Court.) I have not here the sheet on which we enter each transaction, and which we send to the G.P.O. each day, but the application form I have produced shows the prisoner deposited a shilling on November 28; it appears at the top in my writing the amount deposited. This form is also sent daily to the G.P.O. (The Recorder stated that the sheet should be produced.) Every book has a different number.
(Friday, January 12.)
WILLIAM FREDERICK BOWTELL , recalled. I produce this form, dated November 28, on which I make an entry of each deposit, and it contains an entry in my handwriting, "Marc Rimmer, 1s.," and is signed by me. I made it the same day and forwarded it the next day to the G.P.O.
To Prisoner. I cannot identify the inside of the book at all except by the stamp. I think a sheet must have been superseded for it. If presented to me I should take the book to be genuine.
Re-examined. The date, "November 28," on the back is in my writing, and the number (1,134) inside the book corresponds with the number outside the book, and I recognise the date stamp, which is never out of my possession, as my own.
JAMES TOOGOOD , Sub-Postmaster, Hertford Road Post Office, Edmonton. On December 2 prisoner came in, and handed me this book (Exhibit 2), and asked to withdraw £1 on demand. I handed him this form (Exhibit 3) to fill up, and in my presence he filled it up and signed it in the name of "Marc Rimmer. He also put that name on the envelope which I gave him; this envelope and the book are forwarded to the G.P.O., who return the depositor the book in it. I paid him £1, and he left the book, in which I made this entry, "December 2. On demand. £1," and initialled "J. T." I identified him on December 19.
To prisoner. The writing on the envelope is the same as the writing on the top of the book.
WILLIAM ALBERT CHRISTIE , clerk, Savings' Bank Department, G.P.O. This pass-book (Exhibit 2) was sent to 138, Southwark Bridge Road, Post Office, and was returned by Mr. Too good at the Hertford Road Post Office on about December 4. The ledger account made up from this form (Exhibit 6) which Mr. Bowtell had sent us showed Marc Rimmer to be in credit only 1s. on November 28, whereas the passbook says,"November 28. Four pounds," and shows £1 withdrawn on December 2. I know the entry, "Four pounds," the name and address on the top and the initials are not in Mr. Bowtell's writing. I cannot express any opinion as to whether the hand which wrote the envelope (Exhibit 4) wrote the heading on the signature page, but the same hand which wrote the envelope wrote the name and address on the other side.
To prisoner. It was only when I compared the entry with the ledger that I found the book had been tampered with. I then believed that the writing at the head of the book and the entry had been removed by acid which can be obtained on the market. (To the Court.) By the aid of a magnifying glass I can see the "19, Ch" in the blank space before "19, Charles St.," showing that that entry had been originally at the commencement of the line but has been obliterated. This, in my opinion, was done by acid. The erasure of "One shilling" could have been caused in the same way. The writing on the outside has not been, in my opinion, erased and written again.
Police-constable ALBERT BLAKE, 527 A. By means of acid the writing in a Post Office Savings Bank book can be completely obliterated. Last night I wrote a deposit entry on the first page and wrote a name and address at the head of the book in ordinary blue-black ink. By means of an acid which can be bought at various shops I this morning removed all traces of them. By a magnifying glass you can just see a trace, but there are processes adopted after the acid was used Which I have not adopted.
Cross-examined. Powder of pumice is used after the acid to give the paper a smooth surface; I used pounce, which has not such a good effect. I have no personal knowledge of powder of pumice being used for such a purpose; I am only speaking from hearsay. One of the ingredients of the acid I used is chloride of lime. (The Recorder remarked that an expert on these matters should have been called, and that the way in which the case was being presented imposed an immense burden upon the Court.)
ADA SIDLBY , 18, Harmood Street, Kentish Town. On September 6 prisoner, in the name of Henri Faure, came and rented a furnished room on the first floor at 3s. a week, residing there until he was arrested. There was a little gas stove in the room, separate from the fireplace. On some days he would go out at 12 a.m. and on others he would stop indoors all day. He did his own cooking. I used to notice a peculiar smell in his room. He borrowed a flat iron occasionally.
Detective-inspector JOHN COLLISON (recalled). After the arrest of prisoner on December 13 I went to his room at 18, Harmood Street and I now produce for the first time the articles I found there. (To the Court: I did not give this evidence before as I was told by Mr. Saville, the Chief Clerk, that it could be given here.) I found this packet of chloride of lime in the oven, this packet of powder of pumice, this small bottle of ink which dries very quickly, these two pieces of sponge, these two trays which then smelt strongly of chloride of lime, these six small camel-hair brushes, these two mustard spoons, and nine pawntickets, some of which have been the subjects of the other indictments to which he has pleaded guilty. I find this powder of pumice restores the smooth surface to paper after erasing an entry by a scraper.
To prisoner. I gave a list of what I had found to the Post Office officials. To the Court. This indictment was taken last at the police court.
HENRI DE LA CROIX (prisoner on oath). I am a French Canadian and a British Colonial subject. About ten days before my arrest a man, who said he came from Liverpool, engaged me as political agent to find thirty-four despatch bearers within, two weeks for the Home Rule campaign and that for each man we engaged we should have to furnish a piece of identity which would have to be sent to headquarters to make up the accounts. I suggested taking out a passport at Cook's which I found would cost 6s., but he told me a cheaper method would be to take a Post Office Savings Bank book, which could be opened for only one shilling. I agreed, and he proposed I should open about a dozen accounts in different names of persons he would supply me with from Liverpool. I opened twelve such accounts with a shilling each and handed the books to him. He came back the following day and said the accounts of one shilling were not big enough. The police should have made inquiries as to this man's name when I was first charged; I did not understand then the nature of the charge. I am bound to secrecy and cannot give it. He took the books away and came back again about five days later and said he had arranged the matter with the Post Office authorities and the accounts now were for £4, £3, or £2 instead of 1s. He returned a few days later saying he was short of money, having paid too much into these accounts, and he wanted to withdraw £1 on each account. The books having been taken out in my handwriting I had to take the money out. Amongst other offices he accompanied me to the Lower Edmonton Post Office, where I withdrew £1 while he remained outside. I had no suspicion that anything was wrong. I gave him the £1. I did not know the nature of the charge when I was first arrested or I should have given all this information before. The powder of pumice found on my premise's I used for my teeth, chloride of lime I used as a disinfectant because I was going into this new room; none of the things found had any reference to the alterations. The smell in my room was caused by gas escaping from the stove.
Cross-examined. De la Croix is the name I had here since I came here from Constantinople in August last, my name in Canada was "Charon Dechenaux," which is my family name. I came here in consequence of the Italian-Turkish war charged with commissions in connection with business. I do not see that the names of the firms here I have done business with have anything to do with the case. The man who engaged me in connection with the Home Rule campaign is named Wittens, but I am bound to secrecy and cannot tell what his political position is. It is true that on his instructions I told Hunt and Darby that they would have to carry messages to Bonar Law and Chamberlain. We were arrested before we could engage the whole thirty-four. I took an office and had a card (Exhibit 9) printed with Taylor's and my name upon it. I formed the partnership with Taylor about the beginning of December. I first met Wittens about the beginning of October. We had "Agents for the Anglo-Canadian Finance Co."
printed on the card to make people believe we were a commercial firm I took the name of Henri Faure as a business name. I gave the name of "Marc Rimmer" in opening the account in accordance with Wittens's instructions. I know Wittens's business address in Liverpool but I cannot give that. I have made no attempt to get him here because until now I had no idea of the nature of the charge against me; I thought I was charged with forgery and I did not see where that came in. It is true I opened the account at the Southwark Bridge Post Office with 1s. I opened it there because I met Wittens near there, and I also withdrew the £1 at Edmonton because I met him there also. The pans found in my room I used for keeping food in. I have withdrawn £1 from about ten or twelve accounts. Verdict: Guilty.
Prisoner confessed to a previous conviction at this Court on February 9, 1903, of larceny, when he was sentenced to eighteen months' hard labour. It was stated that there had been as many as fifty complaints made by doctors and solicitors of larcenies committed by prisoner since his release from this sentence till the beginning of 1905, he having obtained access to their houses upon the pretext that he wanted to see them on business, and, having been left in the waiting-room, decamped with such property as he could lay his hands upon. The indictments relating to Sir William Collins, Playfair, and Marshall had reference to offences of this character. On his return to England in August of this year he had continued these practices. Papers found upon him went to show that he had been in honest employment abroad.
Sentence: Five years' penal servitude, the Recorder describing prisoner as an expert criminal.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 11.)
GUDGEON, Thomas William (46 dealer) , having received £100 for and on account of Mary Angela Grafton, unlawfully fraudulently converting the same to his own use and benefit; having been entrusted with certain property, to wit, one ring, the goods of the said M. A. Grafton, unlawfully fraudulently converting the same to his own use and benefit.
No evidence being offered by the prosecution the jury returned a formal verdict of Not guilty.
Sentence: Two years' under the Borstal system.
GRIFFITHS, Walter (53, boilermaker), pleaded guilty of having been entrusted by Henry Edward Rowall with certain money amounting to the sum of £13 1s. 1 1/2 d., unlawfully fraudulently converting the same to his own use and benefit.
Sentence: Three months' imprisonment.
PHILLIPS, Benjamin, pleaded guilty of unlawfully and wilfully attempting to commit suicide by swallowing a certain deadly poison, to wit, carbolic acid, with intent wilfully and with malice aforethought to kill and murder himself.
Sentence: Five months' imprisonment.
Prisoners were released on their own recognisances each in £5 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Friday, January 12.)
PATTERSON, Charles (37, blacksmith) , burglary in the dwelling-house of Henry James Ashton with intent to steal therein certain of his goods and of the goods of William Price; attempting to feloniously wound James Cates with intent to cause him grievous bodily harm.
Prisoner pleaded guilty of the burglary, which plea was accepted by the prosecution; he also confessed to having been convicted at Newington Sessions on April 5, 1910, receiving 15 months' hard labour for larceny; after six previous convictions dating from 1903, and including 12 and 15 months' hard labour.
Sentence: Four years' penal servitude.
Sentence: Four days' imprisonment.
ELLIS, Frank (43, agent) , burglary in the dwelling-house of Perry Vaughan Morgan with intent to steal therein; breaking and entering the said dwelling-house and stealing therein one watch, one bracelet and other articles, the goods of Evelyn Arden Vaughan Morgan; stealing in the said dwelling-house one bracelet, one watch, and other articles, to the value of £5 and upwards, the goods of the said Evelyn Arden Vaughan Morgan; burglary in the said dwelling-house with intent to steal therein; stealing in the said dwelling-house certain jewellery to the value of £ 5 and upwards, the goods of the said Evelyn Arden Vaughan Morgan; stealing a tantalus, the goods of the said Penry Vaughan Morgan, his master; having been entrusted by the said Penry Vaughan Morgan with certain property, to wit, a uniform, in order that he might deliver the said property to certain other persons, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. Muir and Mr. Briggs prosecuted; Mr. Tobin, K.C., M.P., and Mr. Valetta defended.
PENEY VAUGHAN MORGAN , 21, Carlton House Terrace and Guildford. Prisoner was in my employ as butler from October, 1904, to February, 1911, from November, 1910, to February, 1911, at 21, Carlton House Terrace. Jos. Wm. Robinson was my footman from about three weeks before prisoner left until his arrest for this burglary; prisoner found him for me. Prisoner left me at his own request. About a fortnight before November 20, 1911, my wife's maid was leaving; she was responsible for my wife's jewellery; I went through it and found it complete according to the list, including an emerald and gold brooch which my wife very seldom wore. On November 17 we went to Guild-ford, taking my present butler, leaving Robinson in town, and returning on Monday, November 20. My wife's maid spoke to me; I looked carefully through the jewellery; the emerald brooch was missing. On that evening my wife and I visited the theatre, returning at 11.15 p.m.; we were in bed and the lights out before twelve. I heard no noise during the night. At 7 a.m. I was fetched downstairs, found the safe open, the key in the lock, and the whole of the jewellery of the value of about £5,000 gone, with the exception of one small earring. It belonged almost entirely to my wife. I also missed from my dressing-room a pair of gold links and about 30s. in money; from the morning-room a silver cigarette case, inkstand, and cigarette-box. The safe was in my private room called "the den." Three of the drawers in my writing-desk were broken open, others were marked. I kept the key of the safe in the bottom left hand drawer of the desk. I should say neither Robinson nor my present butler would know that; I have a strong opinion that prisoner would have known it. I found two of the silver articles taken from the morning-room with some others placed on a chair in the drawing-room; no silver articles had been stolen. A gold cigarette case has been taken, also some bank notes and three blank cheques were taken from a drawer in my desk; the three cheques were removed from towards the end of the cheque-book, together with the counterfoils. Jemmy produced was found on the front door mat. The police were telephoned to and one or two days afterwards the robbery was published in the newspapers. Robinson was arrested at my house at Guildford on December 2 and taken to Cannon Row Police Station; I had an interview with him at 8 p.m. that day; he then made a long statement in my presence to the police. Cross-examined. Prisoner came to me with good references, having been with Mr. Walter Long, M.P., Colonel Balfour, and Sir Arthur Balfour; he has been with me over six years. Robinson came as footman three weeks before prisoner left. I told prisoner I wanted a footman; he got Robinson from a servants' agency; I took up Robinson's reference and found it satisfactory. We have had a number of changes with our servants. Austin was footman before Robinson for about eight months. Another footman was there one month, another about eight months; Ledbury was second footman when prisoner left; Ledbury left in November, 1911, having been with me a year. When prisoner left the silver plate in his charge
was intact, according to the book. I made no suggestion against the prisoner in connection with that; the stolen cheques have not been presented at my banker's. The emerald brooch was about an inch long, containing a number of small diamonds and emeralds. I went with the police and searched prisoner's house, no trace of the stolen property has been found. Since prisoner left I had a new lock made to the safe to which I had two keys; previously there was only one key. Prisoner had no duties in connection with the safe. My wife's maid usually went to the safe; she would have the key most of the time. At other times I should have it. The lady's maid left shortly before the prisoner, since then my wife has had four different maids. I do not remember ever hand-ing prisoner the key of the safe. The maid must get the jewellery from the safe for her mistress while I was out; I should say other servants would not know where the key was kept. It had become a habit with me during the five years prisoner was with me before I was married at another address to keep the key of the safe in the bottom drawer of my writing-desk. I made no secret of it as regards the prisoner because I had come to look upon him as such an old and trusted servant.
Re-examined. The new keys obtained since prisoner had left were slightly different from the old one; prisoner might recognise the new key as the key of the safe.
JOSEPH WILLIAM ROBINSON , Hanwell, Button Coldfield, Birmingham. On January 9, 1911, I became footman to Mr. Vaughan Morgan. Prisoner while butler there was also making a book; at his suggestion I started betting with him and continued to do so after he had left the service at the end of February and had started a betting business at 25, Regent Street. I used to call at his office and settle our accounts weekly. In November I owed prisoner about £6 which he had continually asked me to pay; he rang me up on the telephone in the pantry of 21, Carlton House Terrace, which is where I sleep, and asked me to meet him and another man in Trafalgar Square; I did so and paid him £3. I afterwards met him again in Trafalgar Square by accident; prisoner remarked to me that he had had a knock and was in want of money; I understood him to mean he had lost money in the racing business. On November 15 he again rang me up and asked me to see him in the Mews at the back of the house as he wanted to see me very particular; I met him there the same evening between 5.30 and 6; he said he wanted to know if I could come to any arrangement with him as regards letting him into Carlton House Terrace, as he was in want of money and money he must have. He said he knew where Mr. Morgan kept the key of the safe where the jewels were, and he would get into the house when everyone was gone to bed, get the key of the safe, and take the jewels, that he had got a receiver for them, and that I should get one-quarter of the proceeds of the sale. I replied, "It cannot be done." He said the key would be in the bottom drawer of Mr. Morgan's writing-desk on the left-hand side, and that the jewels would go to Amsterdam; he said, "You had better think it over." This conversation lasted probably ten minutes to a
quarter of an hour; I then went home. The next day at 5 p.m. he again rang me up and asked me to meet him in the Mews at 8.30. I did so; with prisoner was a man whom I had never seen before, who had a ginger moustache, waxed at the ends, rather fresh coloured, wore a blue melton coat with a velvet collar, from thirty to thirty-six years old, height 5ft. 7 in. Sergeant Tappenden afterwards showed me some photographs and I picked out one as being the photograph of this man. Prisoner introduced him as his pal, but did not mention any name. We walked down the Mews; prisoner said this man understood all about locks, and that if I could let them in one night they could fit a key to the writing-table and get the key of the safe. I said "It could not be done, it will get me into trouble." Prisoner said, "Not if we fit a key, it would save bursting the drawer open." I said, "All right." At prisoner's suggestion we then went and had a drink, and prisoner said, "We had better think it over. What would be the best night to do it?" After staying with them for about twenty minutes I went home. The next day, November 17, prisoner again rang me up and asked me if I would like to go to the Palladium; I agreed, and we arranged to meet at 6.30 p.m. at Scott's at the top of the Haymarket. On arriving there that evening I met the man with the ginger moustache, a few minutes afterwards prisoner arrived. We waited there about ten minutes deciding whether we would go to the Palladium, and then I asked prisoner what he was waiting for. He said he was waiting for another man. The other man did not turn up and so we went off to the Palladium. On the way they asked me to let them in at twelve o'clock that night; I said I would as long as they left no marks; the man with the ginger moustache showed me a bunch of keys. I left them at the Palladium shortly after 11; prisoner told me not to forget 12 o'clock. I was the only man in the house that night; the maid servants went to bed at the top of the house by 11.40 p.m.; at 12 o'clock I let prisoner and the other man in by the front door and prisoner took the other man up to Mr. Morgan's den. He then asked me to wait outside; they went in and locked themselves in. I waited outside for a quarter of an hour; I heard them trying keys in the locks; then they let me in. Prisoner said, "I think Mr. Morgan must have moved the key of the safe, as he used to keep it here," pointing to the bottom left-hand drawer of the desk, which was open, and beside which the other man was kneeling. Prisoner then picked up two or three keys and said, "Here is the one I want." Prisoner then opened the safe, took out the jewellery piece by piece, and showed it to the other man. They then said they had better take the jewellery that night. I said, "No, Mr. Morgan is away, and he would certainly blame me." Prisoner then put the jewellery back and said, "We had better think it over, what will be the better night to take it?" I replied that Mr. Morgan would be back on Monday, and we should get it then. They then locked the safe, put the key back where they had found it, locked the drawer, and went out, arranging to come on Monday; I went to bed. Next day, Saturday, November 18, at 4.30 p.m., prisoner rang me up and asked me to go up to his office. I did so and met him and the other man.
Prisoner asked me if I had any money; I told him I had £2 or £3. Prisoner then asked me if I would lei the man with the ginger moustache in now so that he could get some of the jewellery which Mrs. Morgan never wore, as he could raise a few pounds that way to be going on with. The other man said prisoner had better go himself as he did not know which jewellery Mrs. Morgan wore. Prisoner said, "All right, it will be a good time to go now as the servants will be at their tea." We then left the other men at the office and prisoner and I went towards the house. When we got near the house I went on and let myself in by the area door, looked through the glass door, and saw that the maids were at tea, then went to the front door and stood between the inner and outer doors. I waited for two or three minutes when I saw Ada Lawrence, the second housemaid, as she was coming down stairs look through the glass in the inner door and see me. A little while after I heard prisoner coming up the front-door steps. I let him in. He said to me, "Is it all right?" I said, "Yes," and he walked up to Mr. Morgan's "den." While he was in the "den" I kept guard outside; I had waited about a quarter of an hour when I heard Ada Lawrence, and Arbery, the scullery maid, calling "John," which is the name I am known by in the house. They then came up the stairs, and, seeing me, asked me if I was coming down to tea. I said, "Yes, in a few minutes as I am shutting up," and I drew down the blind of the window close to the "den." I usually drew down the blinds about that time, beginning at the top of the house. I asked the maids if they were going out would they post a letter for me; they said they would. About a quarter of an hour after, prisoner came out and went downstairs with me. Going down he showed me a gold bracelet, a watch, and a ring he had taken. He then left. On the previous night I saw nothing done with Mr. Morgan's cheque-book. On the Saturday prisoner said, "I took two cheques out of Mr. Morgan's cheque-book last night which I shall probably have to turn into money abroad." After leaving the prisoner I went down to tea, posted my letter myself and spoke to the maids about it. On Sunday, the 19th, prisoner telephoned me to meet him at the Piccadilly Tube Station, which I did at 12.15. Florence Crawley saw me go out. Prisoner and I walked down Regent Street; he said, "I have got rid of the stuff and I have made £16 of it; here is £4 for you"; he handed me eight half-sovereigns. He said, "Bo not forget to let my pal in to-morrow night at 12 o'clock and you shall have a quarter of what we make of it. The 'tecs may come and lock me up; they may lock you up as well, but they would have to let you go after a certain time, and they may say, 'We have got your pal Ellis and you had better tell us all about it," but don't take any notice of this as it is all bluff. I shall not come tomorrow night so that I can show that I was probably at home or some-where else and prove that I was not at Carlton House Terrace at the time the robbery took place. I returned home at 1.15 and was late for the servants' dinner, which I carve. On Monday Mr. and Mrs. Morgan returned home, went to the theatre, and retired about 11. The house was shut up by Johnson, the butler, soon after. I took the carriage rug into the pantry and posted a letter for the butler, going out
by the area door, returning about 11.20. Johnson went to the pantry with me and remained there talking till 12 o'clock. I then said I was tired and was going to bed and started to undress. Johnson went to his own room on the floor below; he and I put out the lights. I then went to the front door and Jet the ginger moustache man in. I heard Johnson call "John" once or twice. I left the man in the hall and went down to Johnson's room; he asked me to lend him my razors; I got them, gave them to him, and returned to the hall. The man said, "Is it all right?" I said, "Yes." He went straight up to the "den." I stood out on the landing. I went up to Mr. Morgan's dressing-room and took a gold cigarette case, a pair of sleeve links, and some money; then went to the sitting-room opposite, took a silver inkstand, noteholder and cigarette-box, and took them down to the other who was coming out of the "den," we took them to the drawing-room and put them on a chair with other silver articles, so as to make it look as if a burglar had put them ready to take away. The man then burst open with jemmy produced four drawers in the writing-table, burst the lock of the door, left the jemmy on the mat, and left. I went to bedthat was about 1.15 a.m. Next morning the head housemaid called me up, showed me the "burglary"; Johnson told me to telephone to the, police, who came and asked me various questions. On the follow-ing Friday I went with the family to Guildford, returning on Monday and went to Guildford again on Friday, December 1. I heard and saw nothing of the prisoner or the ginger moustache man. On Decem-ber 2 I was arrested at Guildford by Inspector Tappenden and brought to Cannon Row Police Station; in the afternoon I saw Mr. Morgan and afterwards made a statement to the police. Prisoner had told me not to go near his office or write or go to see him for about three months, as we might be watched.
Cross-examined. I am 28 years old. In 1910 I was in Mr. Willey Hart's service for eight months, and two months at another place. I was first in service in London eight or nine years ago for one season—in Cadogan Square. I first betted at Chester races about nine years ago; afterwards at Birmingham races. I have not done any betting since then until I knew prisoner, when I first betted through a bookmaker or commission agent. I was not very comfortable when prisoner suggested this crime. I said I would think it over. I had a kind master, and the butler was kind to me. The next day I was introduced to the man with a ginger moustache. I was horrified. I said, "Certainly not; it cannot be done." Prisoner said, "If you let my friend and myself in he can fit the lock without bursting the drawers." After that I consented. I did not realise what a crime it was until it was done-or being done-when they were in the house. I consented because prisoner might have told my master I was betting and got me dismissed. I have no one to prove that I saw prisoner in the Mews, in Pall Mall, or at the Piccadilly Tube.
(Saturday, January 13.)
shocked at it; I did not inform anyone. Prisoner had not threatened to tell about my betting. Everything prisoner told me—that the police might lock me up, and lock him up, etc.—came true. Between the burglary and December 2 I was questioned many times by the police; they were questioning everyone in the house. On November 17 prisoner and the other man had all the jewellery out and examined it; they were in the house three-quarters of an hour; the electric lights were not turned up; they were in darkness; they went into the "den" and locked the door; after a quarter of an hour I was let in. On Saturday, November 18, prisoner was in the house about half an hour; he showed me what he had taken; I do not recollect any further conversation. On Sunday night the ginger moustache man was in about an hour and a quarter. There was some light in the hall from a street lamp. Prisoner was brought into Cannon Row on December 2 at 6 p.m., and I then saw him. At Guildford the police when taking me said they thought I was concerned with Ellis; that was the first time I heard prisoner was suspected. The detectives said they had got Ellis, but I did not believe it. I was friendly with prisoner up to November. I then owed him £13; he was pressing me for payment, and I paid him £3 then; I now owe him about £6. I am not putting prisoner in the place of another man in order to save my skin and another man who is my real pal.
Re-examined. I have always borne a good character. I started with my father on an estate in Warwickshire, and worked as a blacksmith for one or two years; I was then at the same trade at Erdington, near Birmingham, for two years. My health being bad, I became a man-servant to Lord Kenyon, in North Wales, for two years and a half; then for two years as second footman to Mr. Worthington, at Lichfield, Staff's; then with Mr. Wm. Corrington for two and a half years; then for the season with Mr. Fenwick, Rugby, and then to Mr. Willey Hart, at Devonshire Place, London. I had no cause of quarrel with prisoner. I had no relations in London and no friends outside the house where I was employed. Exhibits 5 and 6 are two photographs of the ginger moustache man. (To the Judge.) I have been in prisoner's office recently; he has two men usually employed there. (To the Jury.) I did not know prisoner before I entered Mr. Morgan's service.
IVY ARBERY , scullery maid to Mr. Vaughan Morgan. On Friday, November 17, I, four other maid-servants, and Robinson were alone at 21, Carlton House Terrace; three housemaids and Robinson went out that evening; he returned at 11.20 p.m.; he told me where he had been; the maids came in afterwards. I sleep at the top of the house. The next day (Saturday) after tea I went upstairs. Robinson was standing outside the "den" door, shutting up the window in the passage. On Sunday, about 12, Robinson came into the kitchen, spoke to the kitchen maid, and went out. The servants' dinner was ready at 1 pm.; he was not there to carve as usual.
Cross-examined. I recollect the incidents I have described because I have thought about it carefully. There was nothing suspicious
about what happened. I have been told that Robinson was in it, and I have thought it over. I have never seen prisoner about the house.
ADA LAWRENCE , second housemaid to Mr. Vaughan Morgan. On November 18, we had tea at 4.30; Robinson was not there; I went upstairs with Arbery, saw him standing at a window outside the "den," and spoke to him. On the way down to tea I saw him at the front door. On Sunday, the 19th, at 12.30, Robinson came into the kitchen, spoke to somebody, and went out. On Tuesday I got up at 7 a.m. I found the dressing and drawing room doors open, which was unusual, There was a lot of silver on a chair; jemmy produced was on the mat in the hall.
FLORENCE CRAWLEY , kitchen maid to Mr. Vaughan Morgan. On the Friday night before the burglary I, four other maid servants, and Robinson were the only persons in the house. That night two house-maids and Robinson went out; Robinson returned home at 11.20 p.m. and told me where he had been, while the two housemaids returned at 11.30 p.m. I then went to the top of the house to bed. On the following Sunday I was in the servants' hall before dinner, which was at 1 p.m., when Robinson came in, spoke to me, and left the house between 12.15 and 12.30 p.m. I saw him again in the kitchen just before 1 p.m., when he fetched the joint.
Cross-examined. I have never seen prisoner in the house since he was butler.
HERBERT JOHNSON . I entered the service of Mr. Vaughan Morgan as butler on November 1. On Monday, November 20, I came back with Mr. Vaughan Morgan from Guildford. After losing up the house that night I was smoking in, the pantry with Robinson for nearly an hour; I then wrote a postcard and at my request Robinson went to post it. Although the letter-box is only two or three minutes' walk away he took a quarter of an hour. I made a remark about the long time he had been and he explained that he had been talking to the policeman on duty. Robinson then began to undress, which was rather unusual, and I took the hint and went to bed at about 12 p.m. I then got up again and called "John" twice to Robinson, but got no reply. I went to the pantry, but Robinson was not there. I then went to the foot of the stairs and again called "John" twice, but getting no answer I went to bed. Before I got into bed Robinson came in and asked me if I had called. I said "Yes, what about the razor you promised to lend me?" He said, "Oh, yes, I will bring it to you," and he did so. I then read the paper till a quarter to one; I heard nothing. Next morning I was called and shown the state of the house; Robinson, at my request, telephoned to the police. I distinctly remember locking up the front door on that Monday night. Robinson was with me when I locked it, which was unusual.
Cross-examined. During the three weeks I was in the service before the robbery occurred I saw no sign of the prisoner about the house. I did not know where the key of the safe was kept.
years; I have been a lodger in his house. I left the House of Commons on November 21 at 1.40 a.m., got home at about 2.20 a.m., and let myself in with a latchkey. As I came in I saw prisoner coming down the stairs; we had a chat, and he told me he was boiling some milk for his daughter. I went upstairs and saw the child.
FRANK NEWSTEAD , bookmaker. I have known prisoner since last June, and attended at his office, 25, Regent Street, every day to keep the books. I became acquainted with Robinson through his settling bets there. I cannot recognise photographs (produced) of a man with a ginger moustache and another man.
STANLEY BUCKLAND , 18, Gordon Road, Peckham, laundryman. I have known prisoner for about five years. About a fortnight before the robbery I accidentally met prisoner in Down Street, Piccadilly. He asked me if I knew he had been fined, I replied "No," and he said, "I have been fined fifty quid." I said, "That is bad luck." He said, "I do not know how I am going to get the money, but I must get it, I am broke." We also had a conversation with him about jewellery. Prisoner told me if I could give him anything he could get it put in the pot in less than an hour.
Crossexamined. Prisoner said this to me five or six weeks ago at the corner of Clapham Road. I understood him to mean that he was a receiver of stolen goods. After that my father, to my knowledge, sent my wife to borrow £200 from him; he had offered in February, 1911, to put £500 or £600 into our laundry business. He did not lend us anything. He gave me £10 in February in exchange for some cash and two small cheques. It was not a loan. I do not remember why I wanted his cheque. I and my father are partners in a laundry business together. In February or March I cashed a cheque for £13 or £14 paid by Mr. Vaughan Morgan to our firm and did not account to my father for the proceeds. In my racing days, three or four years ago, I misappropriated the proceeds of a cheque of a Mr. Wade in the same way. In order that my father should not know I had not accounted for the proceeds of Mr. Vaughan Morgan's cheque I rang up Robinson and asked him to say Mr. Vaughan Morgan was not in if my father asked why the washing bill had not been paid.
(Monday, January 15.)
JOSEPH GOLDSMITH , licensee, "King and Prince of Wales" public-house, Brick Street, Mayfair. I have known defendant for 10 or 11 years. I saw reports of the burglary at 21, Carlton House Terrace; after that I saw prisoner several times; he used to come to my house every day. I mentioned the burglary. He said that he and several other old servants of Mr. Morgan were being watched; he had an idea they were being followed by detectives. He said he had absolutely nothing to do with it. On November 28 he went with me to the Turkish baths; he swore then he knew nothing about the robbery. I asked if people were still watching him; he said he was not quite sure. On December 2 he said he was going in the country the next
day to collect debts, asked to look at the "A. B. C.," and said he was going to Guildford. Exhibits 5 and 6 are photos very much resembling a man with a very fresh complexion and a ginger moustache with waxed ends who frequently came to my public-house from May, 1911. I have seen prisoner speaking to him; anybody could hear their conversation; we knew him as Edgar. I have seen him since the robbery. I last saw him two days after prisoner was arrested.
Crossexamined. Prisoner told me he was going to collect money; he said he had a lot of money owing to him. He has been a customer of mine for eleven years; his office is near my house. Edgar was also a customer. I have always known prisoner as a very respectable man. Edgar also had an office two doors from me from which he issued betting circulars-people talked about it, and Edgar told me so.
HENRY BULL , manager of Chambers, 110, Piccadilly. I have known prisoner for over 12 years; I have seen him two or three times in company with a man with a ginger moustache waxed at the ends; photograph (produced) is his likeness. About a week before prisoner's arrest I saw them together in the "Mayfair" public-house. I have never seen him since.
Detectivesergeant FREDERICK WEST, C Division. I have known prisoner by sight for quite 10 years. I have seen him at least halfadozen times in company with the man whose photograph is produced; I saw them together in the York Restaurant, Jermyn Street. on another occasion at the corner of Jermyn Street and Lower Regent Street, facing prisoner's office, and another time outside the "Cafe Monico Restaurant" in Piccadilly Circus. I cannot give any more exact date than that it was within the last six months. The man whose photograph that is has waxed moustache and is sometimes known as William Rufus Bangham. I have also seen him in company with a man named Cammey Grizzard. (Mr. Tobin objected to witness being asked any further question with regard to Cammey Grizzard. Mr. Muir handed up a written statement of the question ha wished to put and the expected answer, and said that he wanted to corroborate part of Robinson's story. His Lordship allowed the question to be put.) Cammey Grizzard is a receiver of stolen jewellery and precious stones. Crossexamined. I said at the police court, "I have known the prisoner well by sight for two or three years past." I have known him much better during the last two or three years. I should say the first time. I saw prisoner in company with Grizzard was after September, 1911, when I saw them standing openly on the pavement at the corner of Lower Regent Street and Jermyn Street for about twenty minutes. Shortly afterwards I again saw them for half an hour standing in the doorway of the Cafe Monico. I made no note at the time. I said nothing about this at the police court; I was not asked.
Detective-sergeant REYNOLD HAWKINS, A Division. On December 2, at 11 p.m., I and another officer were keeping observation in Clements Road, near prisoner's house, when I saw prisoner going towards his house. I told him that we were police officers and should take him to Cannon Row Police Station on suspicion of having committed
a robbery at Carlton House Terrace. He said, "All right; but let me see my wife first. I shall not run away." I declined to let him see his wife. He said, "What is it for?" I repeated my previous statement. On the way to the station he said," A man has been following me about for about a week; it is very unpleasant, but 1 have nothing to fear. I am glad I shall be able to clear the matter up. I tried to lure the detective into a place one night to try and find out why he was following me."
Crossexamined. After the Tuesday or Wednesday after the robbery the police kept as close a watch on prisoner as they could.
Detectiveinspector THOMAS TAPPENDEN, A Division. I have had charge of the enquiries in connection with the Carlton House Terrace robbery. Every endeavour has been made to arrest Wm. Rufus Bangham; we have been to his office and to the house where we know he was living up to December 7.
FRANK ELLIS (prisoner, on oath). I am 43 years of age. For two years I was valet to Colonel Balfour, for twelve months butler to Mr. Walter Long, M.P., and for six years butler to Mr. Vaughan Morgan. I left those employers with an excellent character. There has never been any charge made against me, with the exception of a fine of £25 and 5 guineas costs for keeping a betting office, which I paid. I have never known Grizzard; it is quite false to say that I stood talking to him in the doorway of the Cafe Monico; I have never been there in my life. For the last twenty years I have frequently gone to Goldsmith's public-house, and in August, 1911, I first met Edgar Park there. I often talked with him, have done business with him, and on two occasions I went out in the street with him. I had not the smallest idea there was anything wrong with him. I have seen him a great many times since the burglary. After the burglary, as I was coming out of the public-house, a newspaper boy said to me, "A man is watching you and following you about; they asked me yesterday who was Ellis, and gave me 3d. for pointing you out." That is how I knew I was being watched. Before I left Mr. Vaughan Morgan's service a loose diamond was missing; he and I went through all the jewellery and found it. That was the only time I ever saw the safe open. Mr. Vaughan Morgan opened the safe and I left him there with the safe open. I never" suggested this plot to Robinson, or had anything to do with the burglary. On November 14 he rang me up and said, "I called at your office yesterday at about 5.30, but you had gone." He then arranged to meet me in Pall Mall as I left my office so as to pay me some of the money he owed me. He did so, and paid me £3 that evening. I never met him in the Mews or went to the Palla-dium with him. I have never been in 21, Carlton House Terrace since I left the service. I never said anything to Robinson as to the possi-bility of our being arrested. Buckland's statement about my offering to put anything in the pot for him is an absolute lie. While I was in Mr. Vaughan Morgan's service Bucklan. sent to me in great
distress, saying that his father was going to turn him out of house and home if he could not refund the money for a cheque which he had misappropriated, and I lent him £10. He partly repaid me with two cheques for 18s. and £1 10s. respectively on the following Monday, and he is still in debt for the remainder. About November 24 his wife came to me and tried to borrow £200. I never told Buckland I was broke, and did not know where to get £50. My fine had been paid long before. My daughter had had very bad tonsilitis on Novem-ber 13, and she was ordered to be taken to the Westminster Hospital on November 20 for the operation, and on the night of the operation I frequently came down to get milk boiled for the child. I never told Robinson I knew a receiver of stolen goods.
Crossexamined. I got Robinson for Mr. Vaughan Morgan from an agency. The last time I saw Robinson before my arrest was about November 14 when he paid me the £3, and when a man named Cox, who is now in court, was also present. Cox is a cleanshaven man; I have employed him as a clerk since I began my betting business. He came to me and told me he had served a term of two months for larceny, and asked me to help him. I did not know he had served a term before that. During the few weeks I was in Mr. Vaughan Morgan's service with Robinson I was on good terms with him, and he went on betting with me after I left. Robinson at one time owed me £13. He might lose £5 in a week; his wages as footman were £36 a year. The only explanation I can think of for his putting this accusation upon me was because Sergeant West told him he had me in custody. I think the first time I knew I was being followed about was between November 22 and 24. I thought at first that they were following me about to see if I was taking ready money bets. Then Mr. Goldsmith said that they were sure to suspect people who lived there, then I thought perhaps I was being followed about in connection with the robbery. I know I was being followed about before December 2, which was the date upon which Robinson first told his story. I was probably in my office on November 15 and 16 at 5 o'clock when Robinson says I rang him up. I did not ring him up. At 12 mid-night on November 17 when he says I was in the "den" I was probably at home. Neither Robinson nor Edgar were at my office between four and five on November 18; I was probably collecting bets at different clubs. On Sunday, November 19, I do not think I went out till about 6.30 p.m. I have no witnesses at all to contradict Robinson as to any of those dates. I never knew where Mr. Vaughan Morgan kept the key of his safe. There were no servants in the house who were more likely to know where the key was kept than I. The diamond and emerald brooch was one which Mrs. Morgan was not in the habit of wearing. I had some hundreds of pounds before I left Mr. Vaughan Morgan's service, and I did intend to invest some of it-not so much as £500-in Buckland's laundry. When I first started my betting business I was alone; afterwards my brotherinlaw, Frederick Renard, and Arnold had an interest in the business. Newstead came into my office in order to look after Arnold's busi-ness. Soon after starting I had two banking accounts, and hundreds
of pounds in them; at the date of my arrest one of those banking accounts was closed and there was very little in the other. Fifteen years ago when I first knew Arnold his gambling house was raided by the police. On November 8, 1911, when I was convicted and fined, Newstead was convicted too. I did not know till three weeks before my arrest that Newstead had been twice sent to prison for illegal betting. I finally decided to give up betting, as it did not pay, and I looked out for a servant's situation. Sergeant West is telling a lie when he says that he saw me talking with Grizzard. On Monday, December 4, at the back of Bow Street Police Court Sergeant West crossexamined me for about half an hour, suggested different names to me which 1 knew nothing at all about, and told me he knew who had the jewels, how much they fetched, what share I was going to have in it, and suggested that I had better tell him all I knew, and that he wanted to be a friend of mine. I said, "I hope you have found out who had the jewels and I shall probably be released." I called my solicitor and said, "If you do not stop that man West crossexamining me I will tell the Magistrate when I appear before him." West said, "You wait, I shall have my turn later on." My solicitor said, "West, how dare you say that sort of thing, do not let it occur again," As far as I know Robinson did not know that William Rufus Bangham (or Edgar Park), and I were acquainted. At the police court I was remanded on bail; Sinelli, who keeps the "York Restaurant," offered to be bail, but was rejected because he was an undischarged bankrupt. Sinelli then went out to get somebody to be bail, and finally Fritz Hass stood bail and Arthur Playdell guaranteed Hass that I would not run away. We then went round to a public-house and I was introduced to Hass and Playdell, whom I had never known before. I do not know that Playdell is an exconvict.
Letters from Sir William Eden and Mr. Walter Long, M.P., giving prisoner a good character, were read.
Colonel Balfour stated that prisoner had been a satisfactory servant to him.
Sentence: Twentyone months' hard labour.
BEFORE MR. JUSTICE LUSH.
(Friday, January 12.)
Mr. Travers Humphreys, Mr. GrahamCampbell, and Mr. Montague Shearman prosecuted; Mr. E. J. Purchase defended.
Mr. Travers Humphreys opened the case upon the first indictment.
Mr. Justice Lush pointed out that the only evidence opened and the only evidence on the depositions in relation to the death of Hayes depended upon inference to be drawn from the prisoner's conduct in relation to the circumstances of the death of Probert. Evidence as to the latter would not be admissible upon this indictment.
After a short argument, his Lordship ruled that, as there was no direct evidence to connect prisoner with the death of Hayes, the evidence in relation to the death of Probert would not be admissible upon this indictment; the jury, under his Lordship's direction, returned a verdict of Not Guilty.
Prisoner was then tried upon the indictment relating to the death of Probert. (The jury who had heard the opening upon the other indictment were discharged, a new jury being summoned who had been in waiting in another Court.)
Detective-sergeant Alfred Gross proved two plans for use in the case.
EMILY ROGERS . I am known as Mrs. Probert. I occupy the ground floor back room at 48, Campbell Road, N. Prisoner lived with his mother, Mrs. Mills, on the top floor; on that floor there also lived Mr. and Mrs. Hayes, who had a baby. I had a baby, Leonard George, nine weeks old. On October 21st, about 3.30 p.m., I was in my room with my baby, when Mrs. Mills, Mrs. Fisher, and prisoner came in; Mrs. Mills was under the influence of drink. She said that prisoner would not work, that he had knocked her down and bruised her arms, and stolen sixpence from her; I turned to prisoner and said, "You should not knock your old mother about, when she keeps you." He made no reply, except to smile; he was quite sober; they all went away. About 9 or 9.30 that night I was in my room when I heard sounds of singing and dancing and a mouth organ playing in Mrs. Hayes's room; I called up the stairs, "Don't make too much noise, please, or you will wake my baby up." Prisoner answered me, "What's the matter with you 1 Come and have a drink with me." I said, "No, thank you; lama teetotaller, and I would not lower myself to drink with you." He made use of bad language, and said, "The baby upstairs (meaning Mrs. Hayes's baby) is cooing and laughing and quite enjoying it." I said, "Yes; but that baby is older than mine." At this time I think prisoner was nearly drunk; his voice was very thick. About half-past ten I put my baby in my room; I laid it flat on the left side, propping up the right side with two pillows; baby went off into a beautiful sleep. I went into Mr. and Mrs. Williaims's room on the ground floor. I had been there only a few moments when I heard a cry, a kind of whine, and immediately afterwards a scream. I said, "That is my (baby," and rushed to my room. I there saw prisoner standing at the bottom of the bed. He seemed surprised to see me. I said, "Jim, what are you doing in my room? You have got some cheek." He said nothing, but rolled out of the room. I found the baby lying with the pillow over his mouth and nose; it was awake and screaming. I went to bed about 11 o'clock. In two or three hours Mrs. Fisher told me she had heard that the child Hayes was dead. All that night my baby was screaming,
and I found its head was swelling on the right side, and inside the right ear was black and blue; when I touched it the child screamed. At 7.30 in the morning I took it to Dr. Mackay; in the afternoon it was taken to the hospital. On November 1 it was discharged as cured; three weeks afterwards it was again taken to the hospital, where it died.
Cross-examined. When prisoner came into my room with his mother she was quarrelling with him, and I suppose I took her side, but he did not seem to resent that. Later on, when he spoke to me, after my complaining of the noise being likely to wake my baby, he did not seem in a bad humour with me. Nothing had happened between that time and when I saw him in my room at 11 o'clock. There are a number of people living in this house. It is a place where people often stay for a very short time. I do not know who occupies the room underneath the Fisher's room. The neighbourhood is rather a rough one. The street door is generally closed at night; bat I have sometimes known it to be open. I could not say how the door was on the night in question. Two or three weeks before this happened I had been frightened by seeing some strange man at the door. On this night it had been raining and the atmosphere was stuffy. I am positive it was Plumpton I saw in my room. When I spoke to him he stared at me, so that I saw his face distinctly. The day after this affair I made this statement to Inspector Hornegold: "When I came into the room a man. went out of the back door; he looked like the man who lives on the top floor. I did not see the man's face; he turned his head to one side when he passed me; I cannot say if it was the man who lives upstairs." I may. have said that; I do not know what I did say on that morning; there was the baby crying and people running in and out.
He-examined. I told Mr. Williams that it was prisoner who was in my room, and that I spoke to him. Mr. Williams asked me not to tell that to anybody, because Mr. Williams did not want his name to get into the papers.
ALBERT WILLIAM WILLIAMS . Mrs. Probert came into our room to see my wife and myself about 10.30 on October 21; she had the baby with her; ft began to cry, and she went back to her own room to put is to 'bed. After a while she came back to us; her room door was open; ours was shut. I heard rather heavy footsteps coming down the stairs, of two persons apparently, and the voices of two persons, one a gruff voice. Then I heard two screams, as of a child being hurt. Mrs. Probert went into her room. She called out, "Mr. Williams, there's a man in my room." I heard her say, "What are you doing in my room, Jim? You have got some blooming sauce." X am sure she said Jim" I saw prisoner coming out of the room; I am positive it was prisoner; he was rolling about in drink.
Cross-examined. It is a common thing for the street door to be open at all hours. There was plenty of light, and I am certain that prisoner was the man I saw in the room. I did tell Inspector Hornegold that I knew nothing about the matter; that was because I did not want to be mixed up with it.
ALICE WILLIAMS , wife of last witness. When Mrs. Probert left my room and went into hers, she said to my husband, "There's a man in my room; it is that Jim." I did not see anyone. I heard her say to someone, "What are you doing in my room, Jim?"
Cross-examined. I do not remember saying at the police-court, "I heard her say, 'What are you doing?'; I heard no same mentioned."
MICHEL JOSEPH BULGER , divisional surgeon of police. On October 22 I saw the child Leonard George Probert in his mother's room on the ground floor at 48, Campbell Road, and made a careful examination, He was very peevish and whining; the limbs were all very limp; the eyes were half closed, and the pupils were dilated; I tested them and found they responded to light. The child was sick; it was in an unconscious condition. I found a large wound on the right side of the head; there was a bruise; there was no breaking of the skin. On slight pressure to the wound the child cried. The wound extended from (behind the right ear forwards towards the forehead 4 3/4 in., and ex-tended behind the ear 3 1/2 in. at its widest part. The child in my opinion was suffering from concussion, and I advised its removal to the hospital. The bruises in my opinion were caused by direct violence either from a blunt instrument or a fist; a considerable amount of force must have been used; I should say a blow would be sufficient; there was no fracture.
Cross-examined. One could not say for certain within a few hours when this took place; it might have been eight to ten hours, or even 20 hours after. In a child of tender years like this, after a severe blow there is very rapid swelling; within a few minutes there would be a swelling, especially in the part of the body which was injured, round the head; anybody would notice it. The injuries I found could not have been caused by anybody falling on the child.
Dr. ROBERT JACKON MACKAY. On the morning of October 22 Mrs. Probert brought her child to me, and I examined it. There was a contusion' over the right side of the head over the ear; I believe it was conscious. At 11 o'clock she brought the child again. I gave her some lotion for the swelling. I examined the child for fracture, I am of opinion that the bruise I saw was caused by a blow; I cannot say how long before.
Cross-examined. If the child was brought to me immediately after such an injury had happened I should notice at once external symptoms; the swelling would be rapid. There would be great difficulty in saying exactly when the injury took place.
Divisional-inspector JOHN HORNEGOLD, Y Division. On October 22 I wont to 48, Campbell Road, and there saw Mrs. Probert. I took, a statement from her; subsequently I took a statement from Mrs. Fisher, and afterwards took a further statement from Mrs. Probert. At our last interview Mrs. Probert said that it was Jim Plumpton whom she saw leaving her room the night before.
Detective-inspector ARTHUR NEIL, Y Division. About 3.30 on October 22 I went to 48, Campbell Road and saw Mrs. Probert. In consequence of what she told me I went up to prisoner's room and spoke to him. I told him who I was and said, "I am going to take
you to the police station and detain you on suspicion of injuring Leonard Probert, age nine weeks, by striking him on the head last night. Mrs. Probert saw you leaving her room last night. When she entered she found her child injured, which was all right a few minutes before." Prisoner appeared to me as though he was getting over a drunken sleep. He said, "I was drunk last night. I do not know what I did. I do not think she saw me come out of her room. I have never been in there." I took a statement from Mrs. Probert and others. I saw prisoner again the same evening at the police station. I said to him, "I am going to charge you with attempting to murder Leonard Probert." I told him that anything he said would be used in evidence against him. He said, "I know nothing about it." When the charge was read over to him he replied, "All right."
Police-constable NORMAN GEORGE GOULD, 13 YR. On October 22 I kept observation on the prisoner at Holloway Police Station; at 9 o'clock he made a statement to me; it was a voluntary statement. He said, "I want to know if that woman—I mean that woman with short hair—she will swear my life away—saw me come out of her room, as she says she did. Can she say how I was dressed, as the place was very dark? I was drunk, fair scatty. I do not think any of us knew what we did last night. Thai woman has got her knife into me."
Verdict, Guilty of causing grievous bodily harm to Leonard George Probert, with intent to do him grievous bodily harm, "with a recommendation to mercy on account of the circumstances." Mr. Justice Lush. You mean, on account of drink? The Foreman. Yes. Previous convictions were proved. Sentence: Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 12.)
Mr. Lionel Benson prosecuted; Mr. Eustace Fulton defended.
SOLOMON COHEN , Antill Road, Bow. I am a buyer of anything. I first called on September 6, about midday, at Freitag's, and saw prisoner. He said they were too busy to attend to me, but if I liked to call back after business hours he thought he had a line to suit me. I called later and bought some goods, for which I paid cash and took a receipt. He said, "If you like to call back on the 8th I will have another line to suit you." I called, bought a bigger quantity of stuff, and paid cash: The same thing happened on the 11th and 14th. (witness identified certain samples as being similar to the goods he bought.)
Cross-examined. I am 18 years old and have been in business since I was 14 1/2. It is usual to have dealings of this sort after business hours. I thought prisoner had authority to sell.
JOHN COHEN . I am in partnership with last witness, my son. I received from him a lot of fancy goods which he bought at Freitag's. These samples are very similar. I bought no goods of that nature from anyone else. I sold them to Jacobs and Wolff for about £40. They cost about £20.
Cross-examined. It was not after business hours when my son bought these. Very often I have an appointment to come in after they have finished serving their regular customers because they cannot be bothered with selling cheap lines. On these I made about 50 per cent, profit. Sometimes I lose; sometimes I gain.
ERNEST EBERFELD , manager, H. Freitag and Co. Prisoner was our invoice clerk and warehouseman. We employ four men and a number of girls. The men were a traveller, packer, boy, and prisoner. I was in London on September 6, 1908. I left at 6.30, my usual time. On September 11 and 14 and 27 I was away; on the 18th I was in town. Prisoner would know my preparations to go away beforehand. None of these goods are job lines. None of these sales to Cohen had been entered. We do not do business with outsiders after 6.30; we only do with regular wholesale customers. As a rule we only sell job lines to them. Our suspicions were not aroused in this matter till December.
Cross-examined. Anybody in our employ would have access to these goods.
Detective-constable HENRY BOARD, City Police. On December 5 I went with prosecutor's traveller to Jacobs and Wolff, 9, Houndsditch, where I saw the property in question. In consequence of what Jacobs told me I saw Cohen, and in consequence of what Cohen told me I, with the traveller, saw the accused that night in Bloomsbury. I told him I was a police officer, and that I had that day with the traveller seen a quantity of property at Jacob's and Wolff's, and also Cohen, and in consequence of what Cohen had told me I suspected him of stealing those goods and selling them as job lots. Pearce then said, "I do remember selling one lot of hat-pins, about 20 gross, the last part of August or early September to a man I know as Cohen, a tall, voung man, wearing glasses, but I have sold him no other; that account will he entered in the books of the firm," and in consequence of the' traveller not knowing whether the entry was there or not I told the accused I would see him again. I saw Cohen the following morning, when he handed me the receipts, which were signed "Pearce." I ought to say in fairness to the prisoner that the first night on leaving him I asked him if he had another situation; he told me where he was employed. I took Cohen there with me next morning, a firm in Tenter Street, Whitechapel. I saw prisoner there, and told him that anything he said might be used in evidence against him, and that he
need not say anything at all. I then showed him the receipts. I said, "They are in your hand-writing." After some hesitation he said, "It is very much like it, but I do not think I wrote them." I then called young Cohen into the office and asked if he knew the accused. He said, "I have a faint recollection. I believe he is the man I bought the goods from." I then told Pearce he would be charged with stealing those goods. He made no reply. I conveyed him to Moor Lane Police Station, where, in consequence of something said to Cohen by the inspector, Pearce said, “I know nothing. I can quite see as I was clerk in charge that they could only charge me. The receipts are in my handwriting, whether I wrote them or not." In reply to the charge he said, "I admit the receipts are in my handwriting, but I never handled the goods." He said at Tenter Street, when he saw the re-ceipts, "I never had that amount of money." On the same day I recovered from Jacobs and Wolff the goods mentioned in the indictment; the others Mr. Jacobs said he had sold in the ordinary way of business.
CHARLES BERNARD PEARCE (prisoner, on oath). Before I was charged with stealing this property I had left prosecutor's service, having given them notice. They asked me to continue a few weeks. Mr. Aberfeld said he would give me a character, but at the expiration of my notice he said there was some account paid to the firm which he could not find in the book. I do not know if my new employers applied to him for my reference. Eberfeld practically accused me, but never said I stole the money. I was never charged. I had authority to serve the customers. I saw Cohen once; that was before the dates mentioned; the traveller was present. I had no transaction with him. I thought I sold him one job lot, but the traveller corrected me and said it was another job buyer. The writing on these receipts is very similar to mine. I did not write them.
Cross-examined. This is the first time the prosecution has heard that this handwriting was a forgery. I should not have made these receipts unless I received the money. I said, “I admit the receipts are in my handwriting, but I never handled the goods." I cannot say why I did not tell him they were forged. I do not know how Cohen got the goods. I never saw him after business hours; I only saw him once in my life. I never sold him anything.
Verdict, Not guilty.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Saturday, January 13.)
KREIGER, Charles (35, tailor), pleaded guilty of breaking and entering the warehouse of Abraham Morris and stealing therein a quantity of satin and other articles, his goods; forging and uttering, knowing the same to be forged, the endorsement on a certain order for the payment of money, to wit, a banker's cheque for £1 7s. 4d., with intent to defraud.
There was no previous conviction against prisoner, who was a German who had been in this country 25 years. His downfall was attributed to drink. He had illtreated his wife, and had a bad reputation in the neighbourhood in which he lived.
Sentence: Twelve months' hard labour.
MILLER, Charles (72, teacher), pleaded guilty of obtaining by false pretences from Moritz Bachner, 2 rings, with intent to defraud; stealing two rings and other articles, the goods of Herman Courlander; obtaining by false pretences from Herman Courlander, the said two rings and other articles, with intent to defraud.
Prisoner, a German Jew, had once been a pastor in the Jewish Church, and posing as such had obtained the articles in each case by means of worthless bills. He commenced his criminal career in 1891, since when he had been convicted five times for fraud; he had a remanet of one year and 18 days to serve of a sentence of five years' penal servitude.
The Recorder, remarking that there was no doubt that prisoner was a habitual criminal, sentenced him to Three years' penal servitude.
Prisoner confessed to a previous conviction of felony at the Greenwich Police Court on January 27, 1909, in the name of Elizabeth Griffiths. Two convictions for petty larcenies in 1903 and 1904 were proved.
Sentence: Nine months' hard labour.
Mr. Egerton-Warburton prosecuted; Sir F. Low, K.C., and Mr. Horton Smith defended.
Detective-sergeant JOHN BOUSTRED, New Scotland Yard, proved photographs of 27, Washington Street.
Detective-sergeant Norris produced two bullets which were found by Sergeant Hitchin.
Cross-examined. Prisoner is a master stevedore in the employ of the General Steam Navigation Company; he has been in their employ 25 years, bears an exemplary character, and is highly esteemed in the locality where he lives.
GEOEGE KARBY , fireman, 27, Washington Street, Bromley-by-Bow. Between 6 and 7 p.m. on December 27, I was sitting in the kitchen, winch is about 42 ft. from the front door, when I heard a knock at the front door. The door was opened, and I could see prisoner, who was a stranger to me. I came forward and saw a revolver in his hand. He said, "Where is your son? I will blow his f—brains out, and I will blow her (my wife's) brains out afterwards, and then I will blow your brains out, you—bastard." I turned to go upstairs to get something to protect myself, and I heard a report. I was not hit. I went back and found my wife had shut the door. I opened it and found he had gone. About 7 p.m. I went oh duty to the theatre. At about eight o'clock I came out and saw prisoner standing on the kerb with another man. He shook his fist at me, and I gave him in charge.
Cross-examined. His daughter, I believe, has been keeping company with my son, and she stayed in my house with my wife and two daughters for a few nights at Christmas. I cannot say what time they all went to bed on December 24, 25 and 26, as I went to bed early. I do not know what her age is; I should say she is more than 16, as she is 6 ft. tall. Prisoner said something about our having had his daughter there. I did not swear at him.
MARY KARBY , wife of last witness. At about 6.15 p.m., on December 20, I heard a knock at the door and went and opened it. I saw prisoner, who was a stranger to me. He said, "I want Mr. Karby. I am Mr. Lee." I called my husband, and he went to the door. Prisoner said to him, "I want your son; I will shoot him." I told him my son was not in, and my husband tried to persuade him to pat the revolver away, and prisoner called him a bastard. My husband said, "I'll learn you to call me that," and turned to go away. Prisoner took a revolver from his overcoat pocket, and fired twice. I tried to shut the door. He then went away.
Cross-examined. He took the revolver from his pocket before my husband turned to go upstairs. I saw the pistol just before he called my husband a bastard and my husband said, “I will do for you." When the shots were fired I had got the door shut all but a foot. He hit the wall. He does not know my son at all. His daughter told me she was 18; it appears she is sixteen. She came to us on the evening of December 24 and stayed all night; my son was expecting to go on foreign service. We did not go to bed until 7 a.m. She went home Christmas morning and returned at about 6 p.m., staying all night. She told me her father did not object to her staying. We went to bed about 4 a.m. and she stopped the following night also. I tried to persuade her to go home, but she would not. The girls drank nothing but lemonade. I did not know where she lived. I did not send any explanation to her father. I knew her family were in great distress about her and I knew what prisoner had come round for. I do not suppose he intended to shoot anybody, but only to frighten us. (To the Court.) She used to come every Sunday to see my daughters.
The Recorder stated that after the evidence of this witness the charge of felonious shooting could not be sustained. The jury, in accordance with his Lordship's direction, returned a verdict of Not guilty on that charge.
Prisoner now pleaded guilty of common assault.
Sir Frederick Low stated that prisoner carried the revolver in the course of his duties.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
Sir Frederick Low stated that the girl had been medically examined and no imputation was made against any of the prosecutor's family.
Detective-constable ALFRED COURTNEY Courtney, City Police. At 3.45 p.m. on December 24, I was in Old Change when I saw prisoner loitering by a loaded van. I knew him and kept him under observation. After ten minutes he went into Bread Street and then into Watling Street, Friday Street, and Cheapside; he loitered by vans and trollies containing parcels. I had been watching him 35 minutes when he went into Bread Street; then I saw him go to the back of a van belonging to the London and South Western Railway which had stopped outside a depot; the boy had got off. Not being in a position to watch him I went on to Cannon Street. I looked back and saw him coming into Cannon Street with a parcel. I went to stop him and he ran up Bread Street. He was about to go into the doorway of No. 48 when he saw me behind him. He then threw the parcel into the doorway. I closed with him and told him I was a police officer; I was in plain clothes. He struggled violently and got away into Watling Street. He was stopped by two carmen. I did not lose sight of him. I again told him I was a police officer and should arrest him for stealing a parcel from a van in Bread Street. He said, "I know nothing about it." He was taken to the station. I went to 48, Bread Street, and in the doorway I found this parcel (produced); it contains 1/2 yard of satin and other material, value £1 1s. 8d. His hat was found by another police officer. When charged he made no reply.
THOMAS LEVY , carman, L. and S.W. Railway Co. On the afternoon of December 4 I went to the Swan receiving office, Gresham Street, where I collected some parcels, amongst which was the one produced. They were entered on this sheet by the clerk and the address on this parcel appears in that sheet. I went with the van to the receiving office of the Great Northern Railway Company in Bread Street. The van boy went through the courtway. I then drove to Waterloo and unloaded, when I missed this parcel. I did not see anybody take it; I was looking after my horse.
GEORGE WILLIAMS (prisoner, not on oath). I do not know anything about the parcel. Nobody saw me take it. The detective had me under observation three-quarters of an hour and he never saw me take anything.
Prisoner confessed to a previous conviction of felony at this Court on May 26, 1908, when he was sentenced to three years' penal servitude in the name of " Edward Collier" after four previous convictions. His sentence expired on May 11, 1911. He was stated to be a member of a gang of van thieves who infested the City.
Sentence, Five years' penal servitude.
BEFORE MR. JUSTICE LUSH.
(Monday, January 15.)
Mr. Bodkin, Mr. Leycester, and Mr. Montague Shearman prosecuted; Mr. Cassels defended.
Detective-sergeant JOHN BOUSTRED, New Scotland Yard, proved photographs of the interior of the ground floor back room of 101, Tabard Street, taken 7 a.m., on November 26, and of the interior of that house (Exhibits 1, 2 and 3)."
AMELIA KNOX , wife of Henry Knox, 50, Tabard Street. My husband rents 101, Tabard Street and I attend to the letting. The ground floor front room was originally a shop. In November I was letting the ground floor rooms as furnished lodgings and on November 23 I let the back room to prisoner and a woman for a week; she paid me 2s., which covered two nights. Three days afterwards Bella Sutherland and Lloyd took the front room for one night; I took them at that time to be husband and wife. They paid me 2s. Between the two rooms there is a door, but it is boarded up. This knife and this piece of looking-glass (produced) are not my property.
JANE BIGNELL , wife of George Bignell, 99, Tabard Street. At 10.30 p.m., on November 25, I was standing against the post outside our door when I noticed prisoner, alone, singing outside the "Crown" public-house. After the song he went round with his cap for pennies. He went into the public-house and came out with his wife; this was about 10.40. They both went into 101, Tabard Street. At 10.45 he came out again with a can, went into the "Crown" and returned with it. At about 11 I saw him again with a can; I cannot say if he went into the "Crown." He went back into No. 101 with it. At 12.30 prisoner ran out of his door to me with blood streaming down both sides of his face. He said, "Go and fetch a policeman." I said, "What do you want a policeman for?" He said, "My wife has cut me with a looking-glass, and cut her throat with a knife." I said, "Or have you done it?" He said, "No," and started crying. I then said, "Go and bathe your face." I went into the passage of No. 101 and saw blood. I turned back and went for the police. About 15 minutes later prisoner was taken away on an ambulance. He was crying and
calling out, "Oh, my poor Dolly. Is she dead? She has done it herself."
Cross-examined. Very likely I have made a mistake in saying that it was about 11 o'clock when I saw him the second time; it must have been 11.45 as I said at the police court; now I come to think of it was that time. I was standing by my door from 10.30 till 12.30.
WALTER GEORGE LLOYD , 37, Dock Road, Tilbury. About 9 p.m. on November 25 I met Bella Sutherland, and at about 12.30 p.m. we went to the front room on the ground floor of 101, Tabard Street; I had taken no part in the engaging of it. There was no light in there. I heard a voice, speaking rather loudly, in the next room; I should take it to be a man's voice. I went to that room to ask if he could give me a light, and I saw prisoner standing at the foot of the bed; I did not notice whether the door was ajar or open. The room was dimly lit. His face was bleeding and I said, "Hallo, old man, you have had a rough time of it." He said, "She struck me with a looking glass and I struck her with a knife." He pointed to a woman on the floor and showed me a piece of looking-glass. Her feet were just touching mine and she was lying under the right-hand wall. I saw blood round her head and I said to Sutherland, "You had better fetch a policeman, this woman is bleeding." She said, "Come out of it. It is no business of ours. Let them settle their own quarrels." We went back to our room and closed the door. Prisoner seemed a little dazed; I should say he had had a little drink but not a lot. Later we were roused up by Inspector Carlin.
Cross-examined. Prisoner did not come and knock at our door and say, "For God's sake come and see what my wife has done." I have a clear recollection of what occurred that night. I am not certain whether he said he had "stuck" or "struck" her with a knife or "threw" a knife, but I am certain he used one of those three expressions.
ISABELLA SUTHERLAND , charwoman. I am working in a lodging-house in Camberwell. On the night of November 25 I met Lloyd, whom I have known for seven years, in a public-house in Little Suffolk Street. A little before 12 we went to 101, Tabard Street, where I had taken a room for the night for 2s. We got there about 12.20. The passage and the room were dark. I heard no voices from the next room. Lloyd said that he was sure he heard somebody in the next room and he would ask them for a light, and he went and did so. He opened the door and I saw there was a poor light there. From where I was standing behind Lloyd I could see into the room. Prisoner came into the passage with his face all bleeding. Lloyd said to him, "You have had a rough time, old man," and the prisoner said, "She has hit me with a looking-glass," and I believe he said "I struck her with a knife. "He looked very excited indeed. I know he mentioned the word "knife" I saw a woman lying on the floor with her feet at the door and her head in the room. Lloyd said to me, "Go and fetch a policeman," but I said,"No, it has nothing to do with us; they are only fighting, let them alone. Let them agree
themselves. "I took him into our room. I did not see the woman speak or move; I did not notice any blood on the floor; I did not think it was anything serious. We shut our door but did not lock it. We went to bed and about an hour after I heard some talking in the passage and in the room, but I did not take any notice. I fell asleep and did not hear anything more until I was woken up by the police. Prisoner when I saw him looked very excited and frightened, but he did not look drunk.
Cross-examined. Mrs. Knox gave me a padlock for our door, but I did not use it. Prisoner did not come to us and say, "For God's sake come and see what my wife has done."He did not come and knock at our door.
EDWARD BERRY , general dealer, 101, Tabard Street. I and my wife occupy the second floor. About 6 p.m., on November 25, I was in the yard when I saw a man and woman go into one of the front floor rooms. We went to bed about 8 p.m., and about 11.30 (I know the time because I heard the clock strike 12 half an hour later) I heard the cry, "Oh, oh, leave me alone!" in a woman's voice, and then I heard about four screams. About half an hour after the tramping of many feet. I heard the screams after the voice; they came from down-stairs. I did not hear any man's voice or any noise from the door. I did not get up and see what was happening. Cross-examined. I was not asleep.
MILLIE BERRY , wife of the last witness. At about 12 midnight, on November 25, I heard a sound from the back parlour downstairs as though someone was banging at the room door to get in. Ten minutes afterwards I heard a woman's voice say, "Oh, oh, don't!" and then three or four seconds afterwards it was repeated very faintly; that came from the ground floor. All was quiet for about half an hour, and then I heard people going in and out.
Cross-examined. The clock had struck 12 o'clock when I heard the knocking at the door, and it was half an hour after that thai I heard the voice. I heard no sounds of dispute at about half-past 11. It seemed as though someone was banging the street door in and out. It seemed as if they got into the room and then I heard the voice. It was the room door that I heard banging, and that is what woke me up. It was the slamming of the room door that woke me up, and then ten minutes later I heard a woman cry, "Oh, oh, don't!" Then half an hour later I heard the slamming of the street door and the confusion.
JAMES FARRIER , waterside labourer, 101, Tabard Street. I occupy the first floor front room. On the night of November 25 my wife and I went to bed about 10.45 p.m. At about 12 I was woken up by my wife saying something, and I listened. I heard a man's voice downstairs say "F—you," and then I heard the moaning of a woman; this was between 12 and 12.30. Afterwards I heard the sound of people downstairs. I got up and looked out of the window and saw the prisoner being put on the ambulance. He said, "Dolly, Dolly, I love you. Don't say she is dead. What I have got she has done and what she has got she has done herself."
Cross-examined. I heard nothing at 11.30. About five minutes after I woke I heard a scuffling, and then heard the expression used. Police-constable WALTER CHANDLER, 306 M. At about 11.45 p.m., on November 25, I was passing 101, Tabard Street, when I saw the deceased standing outside the door. I spoke to her. I noticed she had been drinking, so I went away and left her; she was not drunk, but she seemed rather excited; her face was flushed, her eyes were heavy and watery, and she smelt strongly of drink. About three-quarters of an hour later I was passing that way again and I saw a large crowd outside. Prisoner was standing on the doorstep bleeding from a wound over the left eye. He was in his shirt sleeves and in a very excited state. I asked him what was the matter, and he said, "She hit me with a looking-glass, and then stabbed herself with a knife." I went with him to the back room on the ground floor and saw the deceased lying unconscious just inside the door. She had several cuts on her face, and she was in a pool of bood. Under her shoulder there was a knife; the handle and part of the blade were showing. It was blood-stained and there were some hairs adhering to the blade. This piece of mirror (produced) was in the centre of the room in front of the fireplace; it was bloodstained. Lloyd was standing in the passage, and he took charge of the prisoner, who was very excited. He appeared to have been drinking, but was not drunk. On the table there was a can with a small quantity of beer in it. On the mantelpiece there was a lighted paraffin lamp. The things in the room were in a very disordered state. I sent for the divisional surgeon. I did not move deceased, but I gave prisoner permission to kiss her before she was taken to the hospital. As he did so he said, "It is your own fault; you did it yourself."
Cross-examined. When I saw deceased at 11.45 a.m. she said, as near as I can recollect, "Is it right for my door to be padlocked? I have paid my rent."I told her I could not interfere in matters between landlords and tenants. She was not particularly dishevelled. If anything, she was rather more respectable than the majority who live in that street, which is a very rough one. I went into the room at the invitation of prisoner. I noticed a bottle containing paraffin oil from which the neck had been broken off.
Police-constable JAMES NORRIS, 18 M. About 12.45 a.m. on November 26 I was called to 101, Tabard Street. I went there with an ambulance and took prisoner to Guy's Hospital. While his wound was being attended to he said, "She hit me with a looking-glass, and then she stabbed herself. I went to get some beer at the 'Crown' public-house, and when I came back she was lying on the floor."
ALBERT WRIGHT , packer, 10, Buckingham Square, E. On the early morning of November 26 I was in Tabard Street on my way home, and as I was passing No. 101, Tabard Street, the prisoner, who was standing at the door, said, "There is a woman in here. She has cut her throat and thrown a looking-glass at me. "His face was smothered with blood. He was in an excited state. I went into the room and waited till the policeman came. I heard the prisoner say, "Oh, my poor Dollie," and he asked whether he could kiss her.
Cross-examined. He was very much upset. When I first saw him it was shortly after 12 o'clock. It was 15 minutes before the policeman came.
Reginald Larkin, Divisional Surgeon of Police, M Division, 144, Trinity Square,Southwark. About 12.40 a.m. on November 26 I went to No. 101, Tabard Street. In the back room, lying on the floor, I found the body of a woman, as represented in these photographs (Exhibit 1). She was dead. The room was in a disturbed state. Blood was on the floor, and there was a pillow saturated with blood. On the mantelpiece there was a broken bottle with some paraffin; the upper part of the neck was lying on the floor. By the window, which was at the head of the bed, there were two chairs and a washing basin. In the basin there was some dirty water tinged with blood. Prisoner was in bed, being restrained by the police-constable and Wright. Blood was coming from a wound over his left eyebrow. I sent him to Guy's Hospital. Later, at the station, I examined that wound. It was star shaped and the edges were inverted; it was about a quarter of an inch deep but did not quite go down to the bone; it must have been inflicted by some blunt instrument. I was shown this square of looking glass, and noticed that a corner of it was splintered off. The wound was probably caused by his being struck a severe blow with a corner. Very considerable bleeding of a veinous character would be caused. It would be possible for that wound to be self inflicted, "but very improbable. On the right cheek there was a cut about a third of an inch long and about an eighth of an inch deep, which could have been caused by a scratch from a finger nail or some sharp instrument such as the corner or edge of this glass. On the back of his right third finger there were two recent superficial cuts about a quarter of an inch apart, apparently caused at the same time. It is possible that the two edges of this glass might have caused them. On the back of his left forefinger there was a recent graze, which was slight. He was excited and a little dazed looking about the eyes. His breath smelt of alcohol, but in my opinion he was not under the influence of drink. Later that morning I examined the body of the deceased. On November 28 I made a careful examination and found the body to be fairly well nourished and healthy. The cause of death was exhaustion following the hemorrhage from the wound behind the right ear. In the stomach I found some partially-digested food and no trace of alcohol. From the left eye to the corner of the mouth there were two wounds; the first was one and a half inches long and an eighth of an inch deep, and the second three-quarters of an inch long and an eighth of an inch deep. The upper cut tailed off to a mere scratch towards the left ear. I formed the opinion, having regard to their position, that they were caused at the same time; their appearance was caused by the dimple between the lip and the prominence of the cheek escaping being cut. On the back of the left hand there was a recent superficial bruised wound. On the right hand there was a wound three-quarters of an inch long, tailing off to half an inch below the right wrist joint. These wounds could have been caused by a sharp
instrument, such as a knife. It is possible that the looking-glass might have caused all these three wounds, but very improbable. A sharp cutting instrument such as this knife (produced) would be more likely to have caused them. Starting a quarter of an inch below the lobe of the right ear and going backwards and in a slightly upward direction there was a wound one and a quarter inches long and one inch deep; it had traversed the soft tissues in a forward, inward, and downward direction, and had severed a branch of the principal artery of the neck and the jugular vein half way through; it could have been caused by this ordinary table knife (produced), and considerable force must have been used as the knife is not very sharp at the point. In my opinion this wound caused death. The effect of the wound would be to cause an immediate spurting out of blood for a distance of five or six feet. The woman could have only have remained standing a few seconds, and would have been able to speak, but she would soon sink from exhaustion and bleed to death. The spurting, after the first few splashes, would increase and then decrease. Bearing that condition of things in mind, I examined the marks upon the passage door and partition door and the passage, and having regard to the direction and character of the blood splashes I have come to the conclusion that when the wound was first caused the woman was facing the parti-tion between the two rooms, with the assailant behind her. The door from the passage was the first to receive the blood, and then she turned round and the blood went on to the partition door, and then it ran from there and went behind the washstand. Having regard to the position in which I found her on the floor she must have fallen first on the left side and then rolled over to the right, as all the clothing was saturated with blood on the right side, the skirt on the left side being only saturated on the surface. I was of the opinion that the wound could not have been self-inflicted. On the right side of the knife I found about 36 hairs about five or six inches long and auburn in colour. The deceased's hair was jet black. Under the microscope I found these hairs had been cut by some blunt instrument in a slanting direction; they corresponded with the prisoner's hair, particularly just over the left ear. He was wearing his hair long when I first saw him. The wounds on the woman's right wrist bone and left hand could have been caused by her suddenly putting her hand up in self-defence. I am of the opinion that the wound behind the right ear was caused first, as the wound on the left cheek was not bleeding, because the loss of blood from that wound had caused the absence of blood from the cuts on the left cheek. I am of opinion that the wound behind the right ear was dealt from behind, because of the direction of the wound and its depth; excessive force must have been used; considering that this knife is not particularly sharp the blow must have been struck from a distance, and the woman's arm could not have got back far enough to have had sufficient impetus. The knife must have been used as a dagger, and the assailant must have been standing directly behind or a little obliquely to the side. I cannot be positive that the woman was not facing the assailant, and in turning her head to the left to escape a blow the fatal wound was inflicted; she might also have been
stooping so that she could receive the wound from above. (The witness illustrated his meaning) However, if the woman were crouching or rolling about to avoid the blow, this would not explain the splashes of arterial blood. I am convinced the woman turned round and was facing the assailant when he caused the cuts on the face. Then presuming that she grasped his hair, which she would have sufficient strength to do, the hair came between and behind the bloody knife as it was going to strike another blow, and so adhered to it. I am of opinion that the intercepted blow came between the two blows which the woman sustained. On prisoner's right shirt sleeve (in front) there were eight and six distinct lines of arterial splashes; on the front of the left sleeve eight, ten, and eleven arterial splashes in three lines, and parallel with each other; and on the inside and side of the waistcoat two and three arterial splashes. I am of opinion that his wound was caused before the woman's.
Cross-examined. I formed the opinion that they were arterial splashes on prisoner's clothes from the formation of the lines and their appearance. If prisoner had been standing behind deceased at the time she received the blow I should not have expected to find a larger quantity of blood upon his clothing because the artery divided was a very fine one, and at the moment of cutting very little blood would be ejected. It is true I described a spurt or five or six feet, but it would be a very fine sprinkling. I said at the inquest that I could not detect any arterial splashes, because at the time the blood was recent, and it is impossible to tell its nature until it is dry. When I went into the room I did not try to see whether the woman's arm could be moved in such a way as she could have inflicted the wound herself; if she had done it herself her fingers would have been tightly clutching the knife in the death "spasm, but they were not; it is not likely that the fingers would have released their clasp. The method of putting the weapon into the hand of the dead person so as to see whether the wound could have been self-inflicted is only used in doubtful cases. I agree that persons labouring under delirium or insanity sometimes inflict extraordinary wounds upon themselves, but not in the back, as this was. Taking hold of this knife at the spot where the hairs were found I find with effort that I can reach the point where the wound was, but I could not inflict a wound of the depth such as she had; it is still more impossible when holding the handle. Even a contortionist, as I am informed this woman was, could not do it; although the wound was through soft tissue she could not have gone deeper than l-6th of an inch without touching bone. It is possible, that all her other wounds may have been caused by the looking-glass, but very improbable.
Police-inspector FRANCIS CARLIN. About 2 a.m., on November 26, I was called to this room at 101, Tabard Street, and took possession of a coat, and subsequently some more of the prisoner's clothing, which was submitted to Dr. Larkin. On charging the prisoner that morning with wilful murder, he said, "I did not murder her; I am innocent. "He gave us some particulars as to how long he had known her. On December 4 he told me that he had met her nine or ten months ago at Reading, that she was married to a man named Stevens, and that they
lived together in Reading in 1904 and 1905. I have made inquiries about the deceased. (To the jury.) Lloyd and Sutherland were quite sober when I woke them up.
Cross-examined. I should say I woke them up at about 2.30 a.m. Deceased had been convicted four times of drunkenness.
CONRAD HENRY FREDERICK SELBY (prisoner, on oath). I am 35 years old, and was born in Stepney. I met deceased about ten years ago, and have lived with her since that time; I have been away from her about once or two on account of her drunken habits. We used to travel the country, doing a bit of acrobating and singing. She got locked up in nearly every town for drunkenness, and I got tired of paying fines for her. When in drink she had a very violent temper, and on two occasions she attempted to commit suicide, once by taking oxalic acid and once by jumping out of the window. On the Thursday before this happened we took this room at 101, Tabard Street. On November 25 I was on friendly terms with her. I left her at 12 p.m., and returned about 5.30 and found her in. We had tea together, but I noticed she had been drinking. At 7 p.m. we went out to sing round outside the public-houses in Westminster, that being my usual round for that night. Before reaching there we had a drink. She said she was not well, so I gave her 6d. and told her to go home and go to bed, and she left me. I arrived home at about 10.30 p.m. and found the door was locked. I went down the street and saw her about five or six doors down, and I found that she was worse for drink than when I left her at first. I said, "I thought I had sent you home,"and she said that she had been home but could not rest, so she had gone down to the Market. She asked me if I had any money, and I said "Yes." She said she wanted a drink and I gave her the price to go and get herself a glass of ale. I left her inside the saloon bar of the "Crown" having a drink and went outside and sang. After I had been round with my hat we went indoors together; this would be about 11 p.m. She started rowing at me again and kicking up a disturbance. I said, "If you don't stop it I will put my coat on and go out again. "She took this mirror (produced) from off the mantelpiece and struck me on the forehead before I was aware of it, saying, "Take that, you bastard." I wrestled with her to take possession of it and I got it away from her. She snatched the bottle from the mantelpiece, hit it on the side of the fireplace, and rushed at me with it, intending to jag me in the face. I closed with her and we were wrestling for about four or five minutes. I could not see exactly what was occurring because I was blinded by blood spurting from my wound. I managed to hold her down into a chair. I had never seen her so violent before and I said, “Dollie, for God's sake, look what you have done; look at my face." She seemed to realise what she had done and she pulled herself together a bit. She went to the wash basin and poured out some water and wetted her handkerchief and wiped the blood off my face. It must have been 11.45 by then. I told her to be a good girl
and go to bed, and she said that if I got her a drop of beer she would go. I put the handkerchief to my head and, in my shirt sleeves, went out to the "Crown" with a can. I got a pint of ale. As I left they were calling "Time!" When I got back, on opening the door I found her lying on the floor with her head against the washstand, making a gurgling noise. I saw blood and I put the pillow under her head, went to the next door and called for help. Lloyd came and I said, "For God's sake come and look at what my wife has done. She has hit me with a looking-glass and, I believe, cut her throat with a knife. "Lloyd came just against the door, but Sutherland called him back and said it was no business of theirs, and they shut the door. They were the worse for liquor. I never told them that I had struck her with a knife. I ran into the street and stopped passers by and everybody seemed to be frightened and walked away. The first person who came to my assistance was Bignell, and while she went for the police I spoke to Wright. Whilst speaking to him the first constable came and I asked him to come inside. I told him that she had hit me with a looking-glass and cut her throat with a knife. I never used the knife on her at all. During the struggle she claimed me by the hair twice, and I daresay she might have pulled two or three strands out, but how they came on the knife is rather a mysterious question to answer. The cut on her face was caused with the bottle in the struggle.
Cross-examined. I only went out with the can once at about 11.45. I did not on that occasion see Mrs. Bignell at all. I had this cloth up to my face then. I did not hammer at our room door when I came back. The only door I hammered at was Lloyd's. I heard no person scream three or four times. When I was struggling with deceased she was shouting excitedly but not screaming. She never on any occasion said, "Oh, oh, leave me alone "; it was me that was saying, "Why don't you leave off?" I don't see how the witnesses on the ground floor could hear what we said. I never said to her, "F—you," and she did not groan at all in my presence. She must have cut her wrist with the broken bottle, but I did not notice her do it. I could not leave her because she had her back to the door. The injury to my forehead must have happened about twenty minutes after we entered the room, and it bled till 12.40. I did not know where to run for a doctor to have it attended to as I was a stranger in the neighbourhood and no one would speak to me. I looked for a policeman, but I could not see one. I never thought of having my head attended to; I thought it was only just a slight cut, and when I-put the handkerchief up it seemed to stop bleeding. I never saw the knife that night. The blood must have got on my clothes whilst I was putting the pillow under her head; I do not know how the blood got on the waistcoat, It must have dripped down from my forehead; I was saturated with my own blood. When I got the beer there was no one in the bar to see me. I could not say when I lifted her head whether blood was spurting out because her hair was all down, but she was all smothered in blood.
Re-examined. During the struggle with her I was in my shirt sleeves. The deceased had bathed my face just before going to the
public-house, and the handkerchief stuck to the wound and so stopped the bleeding, but when I got it away it seemed to bleed more. The part of the bar I went into was dark.
Further cross-examined. On examining the brain I found nothing to indicate chronic alcoholism; it would not show acute alcoholism. Possibly she may have been under the influence of drink without my finding any trace in the stomach.
Further cross-examined. He had a can in one hand, and if he had the other one up to his eyes I never saw it.
Verdict, Guilty of manslaughter.
Prisoner had been convicted five or six times for dishonesty, but there was no conviction of violence. It was stated that in all probability there had been previous drunken quarrels between prisoner and deceased at various towns where they had been lodging.
Sentence: Seven years' penal servitude.
BEFORE THE RECORDER.
(Monday. January 15.)
Mr. C. G. Moran prosecuted.
ROBERT LACEY , manager, hat department, Piggott, Limited, 1 and 2, Milk Street, Cheapside. On December 6 I left our premises, all properly secured, at 10.30 p.m. The coat and waistcoat produced (Exhibit 1) were in the window.
Police-constable FREDERICK BENNETT, 133 A. On December 6, at 11.15 p.m., I was in Russia Row, about 15 yards from Milk Street, when I heard the sound of breaking of glass. I went to Piggott's premises and found that a plate-glass window had been broken. I saw prisoner running down Milk Street in the direction of Gresham Street. I gave chase; half way down Aldermanbury prisoner threw off he overcoat he was wearing; he was eventually stopped by Police unstable Sansbury.
Police-constable George Sansbury. On December 6 I was in Jresham Street when I saw prisoner running, followed by Police-onstable Bennett. I took up the chase. In Aldermanbury prisoner hrew away the overcoat he was wearing. I caught up prisoner in Three Nun Court, Basinghall Street. I asked him why he was runing away. He said, "It is not me, sir, but the man above," pointing a man who was coming towards us from London Wall.
Police-constable THOMAS WHITING, who assisted in capturing prisoner, gave corroborative evidence.
JOHN PIGGOTT , secretary to John Piggott, Limited, identified the coat and waistcoat ((Exhibit 1) as the property of the firm, value £2 13s. 11d. The damage by the smashing of the plate-glass window he put at £3 19s. 9d.
Prisoner confessed to one previous conviction, and several others were proved.
Sentence: Three years' penal servitude.
FOLLETT, George (61, agent), and ROTHWELL, Thomas (61, traveller), both forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £7 8s. 6d., with intent to defraud; conspiring and agreeing together to obtain by false pretences from Percy Edward Lewis 500 cigars and 1,000 cigarettes, with intent to defraud; conspiring and agreeing together to cheat and defraud Percy Edward Lewis of his goods; both obtaining by false pretences from Percy Edward Lewis 500 cigars and 1,000 cigarettes, with intent to defraud.
Mr. Fausset prosecuted; Mr. Rayner Goddard defended Rothwell.
ERNEST DUMART ROBINSON , director of Messrs. Berneval and Co., Limited, cigarette manufacturers, 11, Denman Street, W. I engaged Fallett as traveller on November 12. He was paid by commission on money received from anyone introduced by him. I know his handwriting. He gave me an order (Exhibit 1). relating to 20 Aromaticas on November 20. He told me he would call and get a cheque from Mr. Rothwell and bring it to us. On November 21 he brought us a cheque in payment for £7 8s. 6d. The cheque is signed "R. Rothwell." We sent the goods. The cheque was returned marked, "No account." Follett told me that Rothwell was a member of the National Sporting Club. The cigarettes produced belong to my firm. I subsequently received the letter (produced) signed by Follett, dated November 23. I telegraphed to the address on the letter, 94, Walworth Road, and asked him to call at the office on important business. He phoned through, and arranged to call the next morning; he did not come.
Cross-examined by Mr. Goddard. I have never seen Rothwell before I saw him at the police court. He was called as a witness and gave evidence that he had never seen the cheque in his life. He said he had nothing to do with it at all. Follett gave me the order for 500 cigars to a man named Rothwell at the National Sporting Club. The cigarettes were delivered at the club. Rothwell was not in at the time. Cross-examined by Follett. When we engaged you you gave us as a reference Messrs. Ehrmann and Co. When you gave us the order on November 20 you had been representing us nine or 10 days. When you came in with the cheque I asked you if you would take the goods. Mr. Lewis telephoned you in reference to your commission. You were not a salaried servant, only on commission.
were ordered on the 20th and delivered on the next day; he gave a cheque for them. The cigars produced are part of the parcel. The cheque was returned marked "no account." I went to the address in Walworth Road. I found it was an address where Follett received letters; he did not reside there. In the letter he says, "I have taken this place and I shall be here for the rest of the week, so please address me at this address." The address he gave me when I engaged him was 112, Empress Avenue, Ilford. At the police court Follett admitted writing the letter, Exhibit 4.
Cross-examination by Mr. Goddard. Our firm let Follett have 400 cigarettes some time ago; they were sent to him as samples and charged up to him. On one other occasion Follett brought an order in his own handwriting ordering goods for a Mr. Kent. Exhibit 1 is the order for trie cigarettes and cigars for Rothwell. It is written on the back of an envelope addressed to Follett. It is in his handwriting. The order for Mr. Kent was a bogus one. There were three bogus orders altogether, including the Rothwell order. In neither of the previous ones had we supplied goods. When the order came for delivering goods to the National Sporting Club we thought it was a genuine order. We took the cheque and gave him the cigars to take to the club.
To Follett. When you brought Mr. Kent's order you told me he was the largest contractor south of the Thames and that he contracted for the L.S.W. Railway. I do not know whether he is or not. I simply wrote at your request to verify the order. On November 21 you said you would take the cigars with you when you paid the cheque in. I delivered the cigars myself to the porter at the club. I was quite satisfied that you were a member of the club. You had sent several orders since you started. I do not think you told that you were often in town in the middle of the week. From your letter I assumed that you were living in Walworth Road. I wrote to you at Ilford because I ascertained that the address in Walworth Road was not your address. I found that you fetched your letters from there every morning. When you sent the telegram I answered you by telephone. I told you I wanted to discuss commission matters with you. I did not think it was wise to mention anything about Rothwell or his cheque.
NEWPORT PRANGNALL , cashier, Union of London and Smiths Bank, Chancery Lane branch. The cheque produced was drawn on the bank in the name of Rothwell. We have no customer of that name. The cheque book was issued to a Mr. Henry Birkbeck; I do not know when the cheque book was issued, but he informed us in May last that it had been stolen. In my opinion the signature on the cheque and the letter are the same. (Witness was taken in detail through the alleged resemblances in the handwriting.)
(Tuesday, January 16.)
I had my pocket-book stolen, which contained a blank cheque-form on my bank. The cheque produced is the one I lost.
Crossexamined by Mr. Goddard. I have known Rothwell as a member of the club for seven or eight years. Since I have known him he has borne a very good character for honesty; he did not attend the club very often. He is still a member; he has been suspended pending the investigation of this charge. I do not know anything about the delivery of the cigars in this case.
HUBERT PITT , licensee of the "Telegraph" public-house, Brixton. On November 21 Follett came to my house with Rothwell. Follett showed me some samples of cigars. I gave him £2 16s. for 200 of them, and he gave me the receipt (Exhibit 6) produced. I have known Follett for some time as a customer, and as representing different firms. Rothwell took no part in the transaction. They remained about a quarter of an hour and then left together.
Cross-examined by Follett. I have known you a great many years. I have always found you a respectable and straightforward traveller. I have often bought cigars and other things from you. You showed me a receipt for these cigars made out in the name of Rothwell. After I bought the cigars we all had a drink together, and you and Rothwell went out together.
Police-sergeant HENRY THORNHURST, C Division. On December 1 I went to 94, Walworth Road to make inquiries with regard to Follett. I found it was a tobacconist's and barber's shop, where letters may be addressed. I found one letter (produced) addressed to Follett, which I took possession of. It is signed by Thomas Rothwell., Subsequently I saw Follett and told him I had got possession of it, and it was produced in evidence at the police-court. He made no reply. It is in Rothwell's handwriting. To the best of my opinion the signature on the cheque is the same as that upon the letters. On December 1 I arrested Follett at his private address, 112, Empress Avenue, Ilford. He said, "The cheque was signed and given to me by Rothwell in a pub at Vauxhall; he has had all the goods." I arrested Rothwell at the court on December 15. He had given evidence against Follett, and the court had adjourned. I told him I should arrest him for being concerned with Follett; he made no reply. 1 took him to Marlborough Street Police Station, where he was charged; he made no reply. He came before the magistrate that afternoon.
Cross-examined by Mr. Goddard. When Rothwell gave evidence the magistrate told him that he need not incriminate himself. He did not decline to answer questions that were put to him. Follett called a witness named Burrows, landlord of "The Swan," Great Dover Street, and said that the cheque was signed there. Mr. Burrows did not say he saw any cheque signed. Follett was convicted of forgery at the Surrey Assizes on July 9, 1910, and was sentenced to 12 months' hard labour. He was discharged on May 10,
1911. He has been convicted at the South London Sessions for embezzlement and false pretences. I believe Rothwell is a man of good character. It was the solicitor for (the prosecution who instructed me to arrest Rothwell. I have seen Rothwell several times about the cheque to see what evidence he could give against Follett. In consequence of what he told me I asked him to attend the police-court. He gave evidence in the morning of Tuesday, the 9th, and he was charged in the afternoon.
To Follett. You gave me all the information you could. You asked me to call a witness from the National Sporting Club to prove that Rothwell had the cigarettes. He is not here to-day, but he was here yesterday.
Mr. Goddard submitted that there was no case to go to the jury as against Rothwell.
The Recorder said that he could not hold that there was no case, but he invited the opinion of the jury.
The jury at once intimated that in their opinion the case against Rothwell had not been made out, and returned a verdict of Not Guilty.
GEORGE FOLLETT (prisoner, on oath). I am not guilty of forging in any way. The cheque was written by Thomas Rothwell in the "White Swan," Great Dover Street, on Monday, November 20, at about 7 o'clock. Mr. Burrows was a witness to prove that we were there together, and he has not been called. I took the cheque to the firm on Tuesday, 21st. They handed me the cigars to deliver to Rothwell and gave me a receipt in Rothwell's name. I took them to the club. Rothwell was not there. I went back to the "Cranbourne," St. Martin's Lane, where I met him. I showed him the cigars; he said they were not what he wanted. I said, "I cannot take them back as you have paid for them." He said, "What am I to do Can we resell them?" I said, "Perhaps I can find you a buyer." We went to the "Telegraph" Hotel, Brixton Hill. I saw Mr. Pitt and told him I had these cigars to sell for a client. He looked at them and eventually bought 200 of the sixpenny size. I handed Rothwell the money and he paid for drinks and gave me 5s. I left him outside. He took the other 300 cigars with him. I did not see him again until I saw him at the police court. He wrote me at 94, Walworth Road to say that he was ill and it was impossible for me to see him. I have had my letters sent to 94, Walworth Road for the last ten years.
Cross-examined. In the letter of November 23, headed 94, Walworth Road, I said, "I have just taken this place." I wrote that letter at my private address at Ilford. I did not mean I had just taken 94, Walworth Road. I only had my letters sent there. I never saw the cheque until I received it from Rothwell in the "White Swan," Great Dover Street. In my statement to the inspector I said, "He gave me the cheque at Vauxhall." I was a little upset then; when I was arrested I corrected that. We had been together all day; we had had several drinks together. I met him and he told me he had some goods to sell and asked me to introduce him to some customers. I cannot say whether the whole of the cheque was written in my presence
It does not seem to be all in the same writing. I did not take particular notice at the time; I was talking to the landlord. I represent two other firms. I have sent them over 12 genuine orders. I do not know whether Rothwell's name was Robert. The cheque was signed" R. Rothwell." I gave the order in that name. I received the cheque before I gave the order.
WILLIAM FREDERICK BURROWS , "White Swan," Great Dover Street. (To Follett.) I remember your coming to my place on November 20; you introduced me to a man named Rothwell. I bought some cigars off him. I did not see any writing done.
Verdict (Follett), Guilty.
Follett confessed to one previous conviction and others were proved against him.
Sentence: Eighteen months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 15.)
LEGGE, Robert (39, carman), and GUYON, John (52, greengrocer), pleaded guilty of stealing one mare, one van, one set of harness and 27 cases of oranges, the goods of Alexander Springer; feloniously receiving 15 cases of oranges, the goods of the said A. Springer, well knowing them to have been stolen.
Guyon confessed to a previous conviction. Other convictions were proved against him.
Sentences: Legge was released on his own recognisances in £5 to come up for judgment if called upon; Guyon, three months' hard labour.
CHOPPING, Frederick (32, carman), ROSENWOLD, Alfred (26, carman), and GREENWAY, Henry (36, warehouseman), pleaded guilty of stealing one keg of citric acid and one keg of tartaric acid, the goods of Kemball Bishop and Co., Limited, the masters of Greenway, and feloniously receiving the same; Chopping, stealing 13 boxes and one case of sweetmeats, the goods of R. S. Murray and Co., Limited.
Sentences: Chopping, Three months' imprisonment second division; Rosen wold and Green way were released on their own recognisances in £5 each to come up for judgment if called upon.
Mr. Menzies prosecuted; Mr. Purcell defended.
THOMAS EDWARD JAMES , provision dealer, 344, Upper Street, Islington. On December 16 a little after midnight prisoner, her husband, and another woman came into my shop. Prisoner asked for some roast pork. I told her I had none. Eventually they bought some roast beef. I do not know who asked lor that, as I was serving
other customers. The husband paid fo. It. My wife gave him the change. I then heard a noise, turned round and looked at my joints. I found a hand of pork had gone. I went to Camden Passage, 300 yards from the shop, wher. I found them. I said, "Excuse me, you have just bee. Into my shop and you have stolen a piece of pork." Prisoner said, I must have been a fool to have done such a thing. "Her husband said, "Never mind, old chap, have two sovereigns for It." I told him I did not want his money; I had had too much of that sort of thing, and should give his In charge. The other woman, through his interference, got away. Prisoner put the pork into my arms and attempted to get away.
Cross-examined. I have seen prisoner twice previously as a customer. She did not appear to have been drinking at all. I held her husband till a constable came up. The grand jury threw out the bill against him. I said at the police-court she stood with her husband and did not attempt to escape. I meant that she walked to the end of Camden Passage.
FLORENCE JAMES (wife of last witness). I saw the three com. In. We were serving other customers. Prisoner took a piece of pork from the back counter and hid it under her clothes. She had a Jong cloak on that touched the ground. She turned round and the pork fell to the floor at her husband's feet. He saw what she did. He turned his back on me and tried to hide her actions. She tucked it under her skirts a second time. It fell a second time and she picke. It up and put it again under her clothing.
Cross-examined. There was no sign of drink about her. She said at the police-station, "You are not going to charge me."
Police-constable THOMAS BUSH, 764 N. I was near Camden Passage on Saturday morning, December 16. Prosecutor fetched me to take a man and woman into custody. I took them to the station. When charged prisoner said, "You are not going to charge me, Mrs. James, are you?" She had been drinking slightly.
NELLIE HAGEN (prisoner, on oath). I went out on Friday evening shopping at 8 p.m. I wen. Into a public-house, No. 1, Liverpool Road. I had three or four sixpenny worths of brandy there with my husband. I had not been well. I then did some shopping. I then had some more brandy at the "Star and Garter," opposite Mr. James's shop. I cannot tell how many; I lost recollection of myself and remember nothing more till I found myself asleei in the police station. I have no recollection of asking Mrs. James not to charge me. When I was searched I had £5 18s. on me.
Cross-examined. The other woman was a casual acquaintanc. I met at the "Star and Garter." I do not know her. I do not recollect going to James's shop to buy anything. I had dealt there for 12 or 18 months. It was an accident that I went to the shop. My hband had as many drinks as I did. I think he was drinking beer.
Detective—sergeant Thomas Ratcliffe, N. The female searcher handed over as taken from prisoner £5 18s.
Verdict, Not guilty.
OATES, Wilfred George (24, shipbroker) , obtaining by false pretences from John Hunter, a banker's cheque for £600, from Joseph Felkins, a banker's cheque for £600, from James Enos, a banker's cheque for £600, and from Tom Eastwood a banker's cheque for £350, in each case with intent to defraud.
Mr. Bodkin and Mr. Leycester prosecuted; Mr. George Elliott, K.C., and Mr. Forrest Fulton defended.
JOHN MAXWELL DENVILLE , clerk in the office of the General Registry of Shipping, Tower Hill. I produce a certificated copy of the register of the s.s. "Queen Olga," showing that prisoner acquired her from the Dunlop Shipping Company, Limited, on January 4, 1911. There was registered at the same time a mortgage granted by Wilfred Oates to the Maritime Securities, Limited. The register was closed on July 29 the ship having been sold before that. I also produce certified copy of the register of the s.s. "Kirkhill," which was similarly mortgaged on April 13, 1911. There are other mortgages of October 17 and November 11. I received advice of her having been sold to Greeks from the British Consul at Marseilles. There is no mention of the Apollo Steamship Company on either register. They are registered in the sole name of Mr. Oates.
R. BAKER, clerk in the office of Registrar of Public Companies, Somerset House. I produce the file of the Apollo Steamship Company, Limited. It was registered March 21, 1911. Wilfred Oates is described as the sole director and managing director. Up to October 2, 1911, 405 shares were allotted, 60 each to John Hunter, Joseph Felkins, and James Enos. The name of Eastwood does not appear. It is a private company and is not required to file a balance—sheet. The Avenue Steamship Company is not registered at Somerset House. The Avenue Shipping Company, Limited, has been registered but the name of Oates does not appear. The memorandum and articles of association were originally printed with the name of the Avenue Steamship Company, but the name was afterwards changed to Apollo.
JOHN HUNTER , master mariner, Sunderland. I saw an advertisement in the "Shipping Gazette": "First—class captain to command 5,400 tons steamer, deposit £500, £600, or £750 returnable agreement, clean record essential, write C. C., c/o Deacons, Leadenhall Street, E.C." or one similar. I had some correspondence with Wallett and Co., 66, Fenchurch Street, and in consequence I met Mr. David-son at the "Central Hotel," Newcastle, where I first saw prisoner about December 22. Davidson introduced me to him. He asked my age and if I had a good record. He said there was plenty of money to be made in shipping if it was properly managed. I was given to understand he was the owner of the "Queen Olga." I do not know if the Avenue Steamship Company was mentioned. It was
understood I was prepared to deposit £600 between Davidson and myself. I saw prisoner on the 29th. He produced an agreement which I read but did not approve of. I did not want to take shares but to deposit my money, and I was to have shares in the company as security. At that interview the Avenue Steamship Company was mentioned. I believe he told me he was the managing director of the company. It was clearly understood in the agreement that the deposit was to be refunded. He said he did not want the captains to invest money in the company so much as he wanted security in case they might do anything wrong. We both signed two copies of the agreement. I sent him a cheque for £600, which has been met by my bank. I got a form of application for shares some time afterwards. At the time he wrote the letter (Exhibit 27) the Queen Olga was at one of the quays or under the tips loading coal. On January 27 I sailed for Valparaiso, in command. I have never received the shares as security for my £600. I asked once or twice for them. He said he was very busy getting everything arranged and had not had time, but he would send me the certificate next time he went to London. He asked if I knew a firm of J. L. Thompson, shipbuilders, Sunderland. I said I knew them very well. He said, "I am thinking of getting a new ship from them, and if you are successful with the Queen Olga you will get the command of the new ship." I arrived back in the Tyne on July 14, 1911. I had never heard of Captain Felkins until I received prisoner's letter of July 12, which was waiting for me on my arrival. The arbitration mentioned in that letter has never been held yet. There was no collision while I was away with the ship. After receiving that letter I consulted with my solicitors and started an action. I have not had any interest for my money. My wages were paid out of a cheque I got from the mortgagees to pay the crew's wages. I have had no employment since. I did not know the ship was mortgaged. It would have depended on the amount of that mortgage as to whether I found any money.
Cross—examined. I have been at sea 50 or 60 years. I know many ships are mortgaged; I would not say a large percentage are. When I saw the advertisement I was anxious to get the position; my money was all going out and I had no income. I thought I would risk my money, expecting I was putting it into safe hands. Up to the time I returned from Valparaiso I did not complain to anyone, but I had certain thoughts in my mind. The vessel was under time charter. There is an arbitration clause in it. I do not know that certain matters are pending between defendant's solicitors and the time charterers. The action I started has not been brought to an end. The terms of my agreement were, if I was dismissed I was to have my money returned at once. It is quite natural I should consider myself finished with the ship when another man is appointed to take command. I have never had any security. My solicitors told me shares were offered, but they were of no value. After I had put the case in my solicitor's hands I first heard that it was originally intended to register the company as the Avenue S.S. Company, but it was found
there was another company already registered with a similar title, and the Apollo S.S. Company was substituted.
JOSEPH FELKINS , master mariner, Southport. Last May I was seeking a command and got into communication with Wallett and Co. I had known them already. It was not through an advertisement. At their suggestion I wrote to Oates and Co. offering my services and giving references. Wallett and Co. sent me a copy of the proposed agreement. I came to London in consequence of a telegram from Wallett, telling me to come and be prepared to invest. I brought my wife's cheque for £600. Wallett took me round to Oates, who asked me if I had a clean record. I told him I had. He then asked me if I thought the agreement was a fair one. I said I thought so. I invested £600. He said I was to be master of the Queen Olga. He said the present master was not leaving the firm, but had to stop at home for a trial about a collision case and would get another of the ships. He did not say how many ships he had; the Queen Olga was principally mentioned, but Mr. Wallett asked Oates where the Kirkhill was. I do not remember whether they said it was on the Continent or on the way there, but I understood she was on some part of the Continent. Nothing was said as to Mr. Oates's position in the Apollo S.S. Company. I understood he owned the boats. He told me he was in close treaty for another steamer and if he bought her before the Queen Olga arrived home I was to take command of her. When the business was finished and the agreement signed he said, "The ship will not be in England for three weeks; you go down home and we will allow you half—pay until the steamer arrives." He wrote me (Exhibit 35) enclosing copy of the agreement and share certificate for 60£10 shares in the Apollo S.S. Company. I received that next morning. On July 12 I got a letter telling me to proceed to take command of the Queen Olga. I went to take charge on the 17th, but the mortgagees had been before me. I telephoned immediately to Oates. He telegraphed me he was selling the steamer and asked me to come to London. I came up the same evening and saw him next morning. He said the mortgagees had not sized the steamer, that he was arranging for them to sell the steamer, and he was making a profit of £2,000. I was to go home and he would pay me half—pay until he required me to take command of another steamer. I believed every word he said. He gave me a cheque for £15; £5 for expenses and £10 on account of half—pay, which I cashed, and went home and waited patiently. I wrote on July 30 for further half—pay. It was not sent at once. After—having put the matter in the hands of Messrs. Botterell and Roche, I received a letter from the Apollo S.S. Company, saying, "If you wish to be released from your agreement we shall be glad to receive at once your resignation, which is called for under the agreement. In the meantime if you find employment elsewhere we will return your deposit. I have not recovered my £600. I have had no employment or interest for my money. I would not have parted with 5s. if I had known the ship was mortgaged.
Wallett and Co., in consequence of which I got into communication with Oates and Co. I called on September 1 at 104—6, Leadenhall Street. Oates said he was the managing director of the firm, the Apollo S.S. Company, I understood. He told me I was to be appointed to the Kirkhill, which was ten days, out from the West Coast of South America to Las Palmas for orders, and probably would arrive in about a month. Then we talked about the deposit I was to give. I asked how many ships were in the firm; he said two at present, but he was buying a third. The two he said were the Queen Olga and Kirkhill. I had not the slightest idea that the Queen Olga had been already seized by the mortgagees. I said I had no intention of giving the full deposit at first; 1 would give part then and part on joining the steamer. Then he said he required the full deposit for the purchase of the third steamer, which would go through in about two weeks' time. I then wrote out the cheque for £600. It has been duly honoured by my bank. I think I signed the cheque before signing the agreement. Before I left it was agreed I should have £10 a monthhalf—pay pending joining the steamer. I received a certificate for 60£10 shares in the Apollo S.S. Company in October. I waited news about the command, and wrote two letters, to which I had no reply. On October 4 I called at the office. I saw Oates on the 5th, and asked to be released from the contract as I had heard unsatisfactory things about the company. He said he was agreeable but required a few days to arrange matters. That was in the presence of Wallett, who went there with me. I wrote a letter, confirming the interview. I have never got my £600 or any part of it, or any interest or employment.
Cross—examined. Oates did not tell me the Queen Olga had already beer sold, or that it was possible he would be selling the Kirkhill, in which case I could have the other ship. I understood his position in the Apollo S.S. Company, Limited, was managing director. My cheque was made out to the limited company. The Kirkhill was a tramp steamer. I have been master of tramp steamers. I certainly would not have given my £600 if I had known she was going to be sold to the mortgagees immediately.
TOM EASTWOOD , master mariner, Goole. I advertised and got an answer from Wallett and Co. I got into communication through them with Oates. I saw him on October 28. He read my testimonials and asked whether I was prepared to deposit £600 if he offered me the command of the Kirkhill. I said I was willing to deposit £500. He said it was immaterial whether it was £500 or £600; it was not my money they required, but a man they could put confidence in, which no doubt he had found by my testimonials, and this money would be returned probably during the course of the first voyage. He said the Kirkhill was discharging at Marseilles and would be home in about a fcrtnight. I was to join her in the Bristol Channel. I signed an agreement, which was between myself and the Apollo S.S. Company. I paid Oates a cheque for £350, which has been met by my bank. I understood he was having a new ship built for the beginning of this year. and providing my services were satisfactory there was no reason
why I should not take charge of her. He gave me a letter saying I was entitled to half pay, and I gave him a letter authorising him to pay 4 per cent. interest on my money to my wife white I was away. I waited until I saw a report in the "Shipping Gazette" that the Kirk—hill had been sold. Then I wrote a letter on December, 5, to which I had a reply, stating that Mr. Oates was in the north negotiating for the steamer, and saying they would keep in close touch with me. That was the end of the matter as far as I was concerned. I got no ship, flj half—pay, or the return of my deposit.
(Tuesday, January 16.)
ROBERT JOHN COLLIN , M.D., stated that owing to a chill the witness Constant would not be able to attend to give evidence until the following Friday, and Detective—inspector Henry Phillips (City Police) proved the depositions of Constant taken at the Guildhall Justice Room.
GEORGE HILLSON BULL , clerk, London City and Midland Bank, Threadneedle Street, E.C. I produce a copy (Exhibit 19) made by myself of the account of W. G. Oates and Co. opened on March 8, 1911. On November 1, when the account was overdrawn,£25 8s. 5d., this cheque (Exhibit 50) for £350 dated October 28 (when the account was overdrawn £5 7s. 11d.), was paid in. Exhibit 20 is a correct copy made by me of the account of the Apollo Steamship Company, limited. Under date June 15, 1911, there is a credit—£600 by a cheque (Exhibit 3) on Liverpool; before that cheque was paid in the account was overdrawn £290 19s. 1d. By June 26 the credit balance had fallen to £44 19s. 3d. On September 4, when the account was overdrawn £86 Os. 2d. this cheque (Exhibit 5) for £600 was paid in; it is signed, "James Enos." By September 29 the credit had fallen to £14s. 2d.; nothing was paid in between those dates. I produce the pass—book of W. G. Oates and Co. relative to Exhibit 19.
Cross—examined. The cheque for £350 was not subsequently transferred to the account of the Apollo Steamship Company, Limited, and I know nothing about correspondence having taken place between ourselves and prisoner with reference to this cheque having been paid into the account of W. G. Oates and Co. wrongly; it might have happened without my knowing it. When accounts were overdrawn we informed prisoner.
Re—examined. Thirty—six cheques in all were drawn by prisoner on the credit produced by the payment in of the £350 cheque; only he had 'power to draw on that account.
ALBERT GEOBGE SMITH , clerk, London and Provincial Bank, Limited, 3, Lothbury, E.C. Exhibit 56 is a certified copy of the account kept by prisoner in the na me of Walter George Oates, opened on December 5, 1910. On December 30, when the account was in credit £201 3s. 11d., this cheque drawn by Captain Hunter for £600 was paid in; it is endorsed "W. G. Oates and Co., Limited, p.p. W. G. Oates."By January 3, 1911, credit balance had fallen to £99 18s. 7d. On October 28 he was £65 4s. 3d. in credit, which, by the end of the
year had been reduced to £1 14s. 1d. Out of the credit of £600 there was a payment out on January 3, 1911, of £500 to Constant.
JOHN GEORGE WARWICK , managing director, David Russell and Co., Limned, 2, Fenchurch Avenue. Prisoner was in the employ of our company from January, 1908, till the end of 1910, originally as a typewriter; latterly he had a little to do with the books and he had charge of the petty cash; he received £100 a, year. He had no authority to use our firm's notepaper, as he did no writing. Exhibits 24 and 27, letters signed by him to Captain Hunter; the second letter is signed "p.p. F. J. W. Russell," a junior clerk in our employ, who ultimately went with prisoner as his clerk. On the date January 4, 1911, when the second letter was written, he was still in our employment, though not regularly; he was more particularly engaged in his own business.
Cross-examined. I do not complain of prisoner having used our notepaper. I knew he was going to start on his own account. It is a well-known practice for masters to deposit money with shipowners as security against their conduct, or that they should take shares. The mere fact that there is a mortgage on a vessel of itself does not interfere with a master assuming the command of a ship.
Re-examined. The financial condition of the vendor does not directly affect the taking of the deposit from the master. I am assuming that the deposit would be used by the firm for the firm's purposes; they would not lock it up.
The depositions of Joseph Constant were read.
Mr. Elliott stated that he would be in some difficulty if the information he had proposed obtaining from Joseph Constant could not be obtained from the witness Darby.
Judge Lumley Smith said that they would see what was the position at the conclusion of that witness's evidence.
JOHN EDWARD DARBY , secretary, Maritime Securities, Limited, 11, Billiter Square. On July 16 I told prisoner that, owing to the fact that there were no wages for the crew of the Queen Olga, we should have to take possession on the following day, which we did. On October 15 I went to Port Vendres and seized the Kirkhall on behalf of my company. Before going there I received this letter of September 1 from prisoner authorising us to collect the freight on board that vessel. Prisoner knew we were going to seize her. I sold her for £15,000 at the 'beginning of the first week in November. The Queen Olga was sold in the middle of July for £12,500; the sale was arranged before we seized her and prisoner knew of this. We never had any dealings with the Apollo Steamship Company.
Cross-examined. I know about the original arrangements between Constant and prisoner; I think prisoner came into the first office in the ordinary way of business; we knew he was a clerk. The Queen Olga was sold by the owners to prisoner not by Constant, who only arranged and carried out the contract. The price at which prisoner bought was £12,500, of which Constant supplied £9,500, the prisoner £2,000, and the remaining £1,000 was paid to Constant by prisoner for finding the money and taking the risk. Including £600, the penalty for breach of charter, Constant had to pay £14,000 odd in charges before he could
take over the vessel. In all Constant made a profit of £1,500, it seems, by way of commissions. He sold the Kirkhall to prisoner for £13,500, of which prisoner paid £2,000, Constant making another £1,000 commission. Another £750 commission from the sale to the Greeks, the new owners, after the seizure, was charged, but this Constance did not receive, and after paying charges there was a loss of £1,100 on the account. Without taking into account the charges, Constant would receive from commission and as the difference between the purchase price and subsequent sale £3,250. In the case of the Queen Olga prisoner signed the account and in the case of the Kirkhall we have only just been able to get out the account, so he has not had an opportunity of knowing what we were charging him, but it was in the agreement what we were to charge; he instructed us to pay several of the amounts and most of the accounts were sent on to us by him to pay.
A member of the Bar asked permission to cross-examine the witness on behalf of Mr. Constant, against whom certain suggestions had been made. Judge Lumley Smith refused the application.
Re-examined. As regards the Queen Olgar and the Kirkhall, prisoner signed agreements specifying the powers of the mortgagee and setting forth the commissions payable and the penalties for any default. (The relevant paragraphs of Exhibits 10 and 60 were read) Prisoner gave us authority to sell the Queen Olga some weeks before she arrived in the Tyne. Before we could sell her again we had to pay the proper liens, and we were advised also that we were also liable for the £600 I have referred to. The account (Exhibit 64) containing those items and interest chargeable to him which we paid is signed by him as correct. The account with regard to the Kirkhall, which prisoner requested us to sell, is drawn up in precisely the same way; out of accounts for £5,000 (Exhibit 65) accounts for £2,300 are signed by prisoner. The £500 item we had to pay to get the freight released. I produce receipts for all the amounts we had to pay and which we have properly charged to prisoner under the agreement. (The witness was examined in detail as to each item.) Prisoner may have complained to Constant from time to time about the amounts we charged him with, but he never complained to me. (To the Court.) When prisoner bought the Kirkhall, she was laid up in Barcelona. She came to Newport to load, and it was there that he was registered as owner. From there she went on a fresh voyage, commanded by Captain Jones, whom prisoner had engaged. Constant gave £11,000 for the Kirkhall at Barcelona before he sold her to prisoner.
Detective-sergeant HENRY PHILLIPS (recalled). I arrested prisoner in Newcastle-on-Tyne; I read him the warrant charging him with obtaining a cheque for £600 from Captain Enos by false pretences. He said, "I have a perfect answer to the charge." I brought him to London.
half years as correspondence clerk at £100 a year. In November, 1910, Constant's name was given me by somebody in the City and I went to see him; he was accompanied by a man who did odd surveying work for him. I did not meet his son Martin until some time afterwards. I was at that time contemplating setting up business upon my own account and taking offices in Leadenhall Street; I had signed the agreement for them. I was still, however, with David Russell and Co. I told Constant I could get £1,000 together for the purchase of a steamer, and he said, "Very well; we will make you a shipowner with thai," and made an appointment for the next day for me to see him. I went to see him, and he proposed I should pay £1,000 on account of the purchase and £1,000 commission, and he would provide the balance on mortgage. I said I thought the commission was very exorbitant, but I agreed in the end. Subsequently I purchased the Queen Olga for £12,500, including commission, of which I paid the £2,000 to Constant as arranged, he paying the rest. I was to pay him in instalments over a period of four years; in April I paid a further £800. When she was sold in July I did not receive a penny back of my £2,000. This morning only did I see for the first time a complete account; I signed the pro forma account as correct in about September under protest. Constant said he would not return a bill which he held of mine unless I did so, and as I was anxious to have it back I had no other alternative; I complained to him of each item. In April, 1911, he suggested my buying the Kirkhall for £14,500. When I agreed to do so I did not know then that he had given only £9,500 for it. I paid £2,000 on account,£1,000 being for commission to him. I have not yet been given an opportunity of going into the account, although I have constantly worried for it. I engaged Captain Jones to command her. Part of the £2,000 I paid from the profits on the outward freight on the first voyage; the remainder I paid from my private capital. Constant had the £6,000, the proceeds of the homeward freight. When engaging Captain Hunter I was the registered owner of the Queen Olga. He was willing to undertake the command, and said his age was 60, which I afterwards found to be wrong. At that time the ship was dry-docked, and I had every reason to think she would go on another voyage. The agreement I entered into with him was quite a universal one; he could, by referring to the Custom House, have found out that the ship was mortgaged; 90 per cent, of this class of ship are mortgaged. When offering the shares of the Avenue Steamship Company to him, that company was then in contemplation. The memorandum and articles of association were drawn up. and I had had stationery printed. My solicitor learnt that there was already a company of that name, so the name was altered to the Apollo Steamship Company, Limited, but there was no difference in the formation of the company, and shares in that company were offered to Captain Hunter through my solicitor. I paid his cheque for £600 into my personal account at the London Provincial Bank, endorsing it according to the manager's instruction. I paid £500 of it to Constant as part purchase; I do not remember it appearing on the account, but as far as I know it is incorporated in another payment. When
Captain Hunter returned from the first voyage I anticipated an arbitration between myself and the charterers under the arbitration clause in the time charter and I advised him that I should require him for that purpose; it is probable that the arbitration will still take place. I had no idea that the mortgagees were going to seize the Queen Olga, as they did on July 17, because I had already chartered her for the next voyage; Constant only told me that he had a prospective 'buyer. When I engaged Captain Felix the Queen Olga was then on her way from South America and I suggested he should take command of that or a substituted steamer, which Constant said he would let me have in the event of his selling the Queen Olga to the prospective (buyer he had in view; he did not tell me the name of the substituted steamer. When ordering him to take command of her on her arrival at Newcastle-on-Tyne I did not know she had been seized. I paid Captain Felix's cheque into the account of the Apollo Steamship Company and it was disbursed in payments for ship's stores, etc., in connection with the Queen Olga. When I interviewed Captain Enos I was negotiating for other steamers, but not through Constant. The Kirkhall, the substituted steamer, was then on its homeward voyage from the West Coast, and I had reason to believe that the post of master was likely to become vacant. I paid his cheque into the account of the Apollo Steamship Company and it was paid out in respect of charges in connection with the Kirkhall. I went to see Constant to get an advance on freight, a very usual thing to do, and he stated that he would return another bill of mine which I was holding for my friends only if I signed a letter authorising the seizure and sale of the Kirkhall and I did so under protest; I was, therefore, not able to fulfil my obligation to Captain Enos. I told Captain Eastwood that we were taking on other steamers and should probably have a vacancy for him; I do not remember saying that we were building a new steamer; I told him that the Kirkhall was coming home and he could have the command of that or a substituted steamer. His £350 cheque was wrongly entered by the bank to my account; it was paid originally into the Apollo Steamship Company's account. The proceeds went to pay charges in respect of the Kirkhall. When arrested I was in the course of negotiations with H. G. Moss and Co., Wake and Dodds, and Mr. Davidson, all of Newcastle and well-known in the shipping trade, to take over three steamers and I should have had these but for my arrest. Very little of the moneys I received went in my own private expenditure; it has all been dealt with in the books of the Apollo Company.
Cross-examined. I have been a clerk in the shipping business since I was 16. In starting on my own I had no capital of my own; it was subscribed by friends who were allotted shares. I was managing director and had clerks in my employ; I was to get £300 a year for each vessel belonging to the company and 5 per cent. on the net profits. The profits have not yet been determined as the voyages are not finished. I have had about £500 by way of salary, but that will be adjusted at the end of the year. The company had no ships of its own at the time of formation, March 21, 1911. The ships were entered in
my own name. There were no shares that were not fully paid, but to satisfy claims against the company we were always open to take other shareholders; and the ships were worth more than I had contracted to pay for them, so there was a margin there. Captain Hunter's money paid in December, 1910, was paid into my own account. It was understood that it was to be spent in part purchase of the Queen Olga, although I never told him so. It is true that the shares in the Apollo Company were only offered to him when his solicitors threatened an action and that at that time the Queen Olga had ceased to belong to me. There was no minute of the company authorising this offer, but the shareholders knew about it and it has been adjusted in the books of the company, which were seized by the police. I sky that the shares were worth £600 when I offered them to Captain Hunter in December; I had the Queen Olga by contract, although I was not then the registered owner at that time; the fact that a ship is mortgaged is never divulged to masters; it does not concern them. It is true that by the agreement with Hunter I represented myself as the owner of the Queen Olga, when I was only such on paper, but it was his business to find that out there, and that there was a liability of £10,500 on the boat. I was very much surprised when she was seized, as the instalment was only three days overdue, and I had made arrangements to pay it by getting an advance on freight, which is a usual thing. It is not true that I kept Captain Hunter on shore because I had another captain in tow whom I had promised a command to; it was because I wanted him to give evidence at the arbitration; it is true that he could have gone to Valparaiso and been back in time for it, but I did not know that then. About the beginning of August was the first time an arbitration was contemplated; Watson Munro presented their claim at the beginning of June. It became necessary therefore to have a second captain for the Queen Olga—Captain Felix. I was not aware at the time I paid in Captain Felix's cheque into the Apollo account in June that there was an overdraft of £290 odd; I was never notified of it. It was true, as I stated to him, that I was in treaty for the purchase of another steamer, but I cannot give the name of it; I was negotiating with Constant, whom I did not know so well then as I did later; I had not then realised the hard nature of the contracts I was entering into with him. Captain Felix did not ask me anything about my financial position; I left him to draw his own conclusions. I hoped to pay Constant out of the freight paid in advance, as the boat was chartered for another voyage. It was true, as I told Captain Felix, that I had put the Queen Olga into the hands of the Maritime Securities to sell at a profit, but Constant was going to let me have another vessel, which Captain Felix could have commanded. I gave him half-pay in the meantime. Captain Enos was the first captain I mentioned the Kirkhall to. Captain Jones, who was then in command of her, was perfectly satisfactory; there was no object in putting in the name of the boat into the agreements with the captains and when inserting the Kirkhall I had in my mind not only that boat but other boats I was negotiating for which they could command if the Kirkhall was not available for them.
All the captains were introduced to me by Wallett and Co., who inserted the advertisements. I paid them £15 or £20, based on the amount of money deposited for each captain whom I engaged. I did not know they were advertising at the time; I thought they had the names of the captains on their books. I did not read through the mortgage as to the Kirkhall carefully, but I thoroughly understood it with the exception of the commission clause. Captain Jones also gave me £600 in March, for which I gave him shares. I did not tell Captain Enos that we wanted £600 for the purchase of another ship; I told him we should give him the first steamer that came along. It is quite possible that I went on using his money after he had written me asking for its return, but he had not given the two months' notice stipulated in the agreement. At the time I engaged Captain Eastwood I did not know the freight of the Kirkhall had been seized; there was all sorts of underhand business going on at that time.
Re-examined. I had reason to believe that when the accounts between myself and Constant were taken there would be a balance in my favour, and it was in respect of that balance that I was negotiating for other steamers of which the captains were to have commands—the Lord Antrim, the Bedeburn, and the Hornby Castle. At the time of my arrest I was actually negotiating with Mr. Lang, Moss's representative, and amongst the papers taken from me there was a copy of the contract which I had entered into. Constant also told me that he would substitute boats for the kirkhall and the Queen Olga from the money realised by their sale.
(Wednesday January 17.)
It was stated that it appeared from the prisoner's pass-book that he had spent some portion of the moneys he had obtained on his own pleasures.
Sentence: Eighteen months' imprisonment, second division, on each count, to run concurrently.
BEFORE THE RECORDER.
(Tuesday, January 16.)
CARPENTER, George Thomas (21, motor fitter), pleaded not guilty to an indictment of carnally knowing Ivy Mildred Fernee, a girl above the age of thirteen and under the age of sixteen years. The prosecution offered no evidence and a verdict of Not Guilty was returned.
Prisoner pleaded guilty of abduction. He was released on his own recognisances in £100 to come up for judgment if called upon.
Mr. T. Wing prosecuted.
Police-constafole FRANK WEBB, 356 City. On December 22 about 6.45 a.m. I was on duty in Bishopsgate when I heard a smashing of glass and a cry of "Thief" I saw Cosser running away; I gave chase and caught him. At the station he gave up the articles produced.
Police-constable HERBERT MEAKINS, 369 City. I was in a courtway off Bishopsgate and heard the smash of glass. I saw Webb running after Cosser. I went to Samuel's shop and someone said, "There's another one. "I saw Taylor hurrying away. I stopped him and asked him why he was hurrying away. He said, "I have just smashed that window down there. "At the station he was searched and upon him was found the clock produced.
REGINALD MONTAGUE , manager to Harry Samuel, watchmaker, etc., 92, Bishopsgate. At 10 p.m. on December 21 I left the shop securely fastened. On arriving next morning I found the window smashed and there were articles missing to the value of £1. I identify the articles produced as having been in the window.
Taylor's statement before the magistrate. "I wish it to be clearly understood that I am solely responsible for this crime. It was by a suggestion of mine that my companion joined me in it."
WILLIAM TAYLOR (prisoner, on oath) said that he met Cosser casually on the morning in question; Cosser said he wanted to lead an honest life; witness ridiculed the idea; he picked up a brick, smashed the window before Grosser realised what he was doing, took something out of the window and made Cosser take it; "in his confusion Cosser did the worst thing in the world—he ran away."
COSSER (not on oath) asked to be treated with leniency.
Cosser confessed to one previous conviction (for shop-breaking) and others were proved. Nothing was known about Taylor, who refused to give any account of himself.
Sentences: Cosser, eighteen months' hard labour; Taylor, twelve months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 16.)
Prisoner was released on her own recognisances in £10 to come up for judgment if called upon.
Mr. Mahaffy prosecuted.
ROBERT NEWSTEAD , compositor, 44, Lealand Road, Stamford Hill. For the last 12 months I have been chairman of the City Provident Fund, which meets at the "Bell" public-house, Old Bailey, of which prisoner was formerly a member. On November 11, 1911, I received a letter from prisoner, and on December 1 post-card (produced):—"Sir, not having received a reply to my letter I am justified under the circumstances in accusing you as chairman of the City Provident Fund of aiding and abetting Charles Neville West and Co., two thorough scoundrels, in robbing and defrauding Alfred Charles Jennings of money which he is entitled to as a member of the City Provident Fund. My reputation has been seriously injured by those two deliberate frauds.—Signed Alfred Charles Jennings."
In cross-examination prisoner asked: "Are you in a position to prove that Alfred Charles Jennings has been receiving unemployed benefit when he was not out of work as a member of the City Provident Fund?"
His Lordship stated that the question before the jury was whether prisoner had published a defamatory libel of and concerning Robert Newstead: prisoner was not entitled to cross-examine to show justifica-tion having entered no plea of justification.
CHARLES GEORGE WEST , compositor, 41a, St. John's Road, Stamford Hill. I am secretary of the City Provident Fund. On December 1 the landlord of the "Bell" public-house, Old Bailey, handed me postcard produced. It is in prisoner's handwriting; I have received a great number of communications from him.
Cross-examined. Prisoner was expelled from the City Provident Fund in October, 1905, by the members at the general meeting for violating the rules.
Prisoner's statement at the Police Court: "I plead justification."
ALFRED CHARLES JENNINGS (prisoner, not on oath). As a member of the London Society of Compositors for 28 years and of the City Provident Fund for 19 years, I was expelled from the City Provident Fund on a false charge of receiving unemployed benevolence money when I was in work. The members did not inquire properly into the matter. I therefore thought I was entitled to send that postcard.
Verdict, Guilty, with the strongest possible recommendation to leniency. The jury stated they did not think the case ought to have been brought into Court.
Prisoner was proved to have been convicted at this Court on Sep-tember 15, 1910, and bound over for a libel on James Haydon. (See Vol. CLIII, p. 551.)
Sentence (January 18): Three weeks' imprisonment, second division.
Mr. Waldo R. Briggs prosecuted.
Police-constable LEONARD ALABASTER, City. On December 26, at 7.20 p.m., I was on duty in Aldersgate Street when I heard a crash and went to 88, Long Lane, where I found the plateglass window, 8 ft. by 6 ft., smashed. Inside the window was half-brick (produced). Seeing prisoner 40 yards off, I said to him, "Did you break this window?" He said, "Yes; it was a toss up whether I should break thns window or jump over the bridge. "He said he was hard up and very ill.
JACK JONES (prisoner, on oath). At about 7.30 p.m. on the night in question I walked through Long Lane and had got about 200 yards past No. 88, when I heard a crash of glass. I turned round to look; two officers ran up to me as I was lighting a cigarette; one said, "Did you break that window?" I said, "What window? I broke no window. "He said, "Come on back with me." He then said, "This is the window; you know something about it." I said, "I do not know anything about it. I have not broken it." Well, "he said," I will take you inside; you have broken this window before. "On the way to the station we met another officer police-constable, who said to me, "You want the side of your face knocked off for breaking a window. "At the station, when charged, I said, "I do not know about breaking the window—I feel like chucking myself in the Thames."
The jury disagreed. Prisoner was remanded in custody.
(January 22; before Judge Lumley Smith.) Prisoner was again tried.
Several previous convictions were proved.
Sentence: Twelve months' hard labour.
BEFORE THE RECORDER.
(Wednesday, January 17.)
HARMAN, Samuel (31, coster), pleaded guilty of conspiring and agreeing with Ernest Pendrigh to obtain from John Edwards certain money, and from Henry Page £5, with intent to defraud; obtaining by false pretences from Noel Trotter £15, with intent to defraud.
Prisoner had for some years carried on a system of swindling tradesmen, mostly butchers, by falling down outside a shop and then claiming damages for injuries. He worked in conjunction with a man named Pendrigh, who came upon the scene as a witness of the "accident."
Prisoner stated that he had been led into this by Pendrigh. Sentence: Twelve months' hard labour.
Mr. S. A. Kyffin prosecuted.
ALBERT BASLICK , metal polisher, Fuller Street, Bethnal Green. On December 24, about 10.30 p.m., I went into the "Frying Pan," in Brick Lane, with two friends. Prisoner and a third man were there. At 11 o'clock we all left. In Commercial Street, as I was having a drink out of a beer can Gilbert struck me in the face; Brown seized me from behind and held my hands; Gilbert put his hand in my trousers pocket and took 7s. 6d. They then threw me to the ground and kicked me. I lost consciousness, on recovering prisoners had gone. I went home and then to the hospital.
JAMES S. JOHNSON , receiving-room officer, London Hospital. Prosecutor came in about one o'clock on Christmas morning. He had a fractured jaw; this would be consistent with a kick or any violent blow.
Police-constable JOHN STEVENS, H Division. On December 25, about 1 p.m., I saw Gilbert in Brick Lane. I said to him, "Bert, I am going to take you to the station on suspicion of assaulting and robbing Bert Baslick last night." He replied, "I admit I was with him; we left the 'Frying Pan' together, and went down Brick Lane; I left him and he went on with his friends; I do not know what happened to him after that."
Cross-examined by Brown. About 11 o'clock there would be lots of people about Commercial Street, as there are two picture palaces, which would be closing at that time.
Police-constable WALTER CHURCHER, 452 H. On December 30 I saw Brown in Osborne Street. I told him I should arrest him on suspicio. of being concerned with a man in custody and another not in custody in assaulting Albert Baslick and stealing from his person 7s. 6d. in Fournier Street, Spitalfields, on Christmas Eve." He said, "Do you mean the case where the 'pros' got his jaw broken?"
BERT GILBERT (prisoner, on oath) admitted that he was with prosecutor and the other men in the "Frying Pan." On the way home prosecutor interferred with some girls, and a little mob of people collected, and he (Gilbert) walked away; prosecutor was then all right.
EDWARD BROWN (prisoner, on oath) declared that he went straight home immediately on leaving the "Frying Pan," as he did not feel well, and was in bed by a quarter past 11. It was untrue that he said to Churcher, "Do you mean the case where the 'pros' got his jaw broke?"
GEORGE SMITH . I live in the same room with Brown at 24, Thrawle Street, E. On December 24 I went up to our room at half-past 11; prisoner was in bed; I asked him how it was he had come to bed so early; he said he felt queer and had been in bed 10 minutes.
Gilbert confessed to one previous conviction, and another was proved. Convictions were also proved against Brown.
Sentences: Gilbert, Eighteen months' hard labour; Brown, Nine months' hard labour.
WILLIAM THORN KING . On Sunday December 17 about noon I was in Middlesex Street, E., when I felt a hand in my pocket; I turned round and saw prisoner; he got his hand out of my pocket, and with it my purse, which contained 10s. 6 3/4 d. My brother helped me to detain prisoner till a policeman came.
Cross-examined. There was a great crowd about pushing and shoving. I am certain prisoner is the man whose hand was in my pocket.
Prisoner, on the advice of counsel, withdrew his plea and said in the presence of the jury that he was guilty.
Prisoner confessed to one previous conviction, and others were proved. A witness was called who had given prisoner employment for eight weeks, and said he was willing to take him back.
Sentence: Twelve months' hard labour.
GEORGE THOMPSON , manager to William Dicks, pawnbroker, 303, Commercial Road, E. On September 18 a woman pledged a remnant of serge for 6s. and I gave her a ticket. On October 6 prisoner called, with a woman to act as witness. He said he had lost a pawnticket for a pledge of a piece of serge for 6s. on September 18 in the name of Yatti Gold, of 20, Bedford Street, and he asked for a form of declaration. I gave him this form (Exhibit 2); I filled in the particulars and he put his mark, saying that he could not write. I told him to take this to Thames Police Court. In a few days the form vouched by the magistrate was presented and the serge was redeemed, I cannot say by whom.
ABRAHAM GOLD , 38, Bedford Street, E. I was with my wife on September 18, when she pawned a piece of serge; she gave me the ticket. I never told prisoner that I had lost the ticket, or authorised him to make any declaration. On presenting the original ticket I learned that the serge had been redeemed. The mark on Exhibit 2 is not by me; I could write my own name.
Prisoner said that prosecutor's wife went with him and took the serge out.
Witness. That cannot be true.
FITZGERALD WHITING , usher at Thames Police Court. On October 6 a man and a woman came to the court with the form, Exhibit 2. I cannot say who the man was, but he answered to the name of Abraham Gold. He made the declaration and the signature of the magistrate was affixed.
Detective-sergeant FRANK GIRDLER, H. Division. On December 7 I arrested prisoner. On my explaining the charge he said (speaking in English): "I will tell you the truth; my wife told me what to do and went with me to get the paper; I got the cloth out and pawned it." Upon being searched there was found on him the pawnticket produced relating to this same piece of serge, pawned with Carpenter for 8s.
Prisoner declined to go into the box or to make any statement.
Prisoner was stated to be an epileptic, and to have been confined in lunatic asylums.
Sentence was postponed till next sessions, in order that prisoner might be kept under further observation.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 17.)
D'AMATO, Luigi (25, agent), and COPPOLA, Guiseppe (39, fruiterer) , both obtaining by false pretences from Edwin Thompson Davis (the sum of £10 15s., the moneys of the Pearl Life Assurance Company, Limited, with intent to defraud. D'Amato obtaining by false pretences from Arthur Grimwade the several sums of £10 3s. and £2 3s. 6d., the moneys of the Pearl Life Assurance Company, Limited, with intent to defraud.
Both prisoners pleaded guilty to the first charge, which plea was accepted by the prosecution.
Prisoners were stated to be Italians of previous good character who had both been for about 12 years in this country. Coppola was stated to have a wife and family in England.
Sentence: D'Amato: Twelve month’s hard labour; recommended for expulsion under the Aliens Act; Coppola, Nine months' hard labour, to date from the day of his arrest.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 17.)
ARTHUR WILKINS , potman, "Richmond Arms," 12, Mile End Road, Fulham. At 8.30 p.m. on December 11 prisoner, who was a stranger to me, came in with two men and asked for three drinks. I served them; waited a little, and asked prisoner who was going to pay. Getting no answer, I moved the beer. Prisoner said, "Leave that beer alone," and I said, "I cannot without I get the money for it." I emptied the beer down the drain. They then began skylarking with a dog belonging to one of the customers. A servant girl came in and ordered some beer. She put two jugs and half a sovereign on the counter. The prisoner took the half-sovereign and put it in his pocket. I told him to leave it alone as it was not his, and I went and drew the beer. On returning I said to him, "Are you going to hand that half a sovereign over?" and he said, "I have not got it, you b—" I said, "Yes, you have, because I saw you put it in your pocket." He said, "Here is the half a sovereign, you b—I will wait for you when you have done," and he shook something in his pocket and said, "I will give you this." I took no notice of him. They all left the house. They returned at 12.25. They were very noisy and excited. They asked for three drinks, but I would not serve them because they were making such a row. The owner of the dog was still in the bar. Prisoner said, "I will do what I told you before; I am going to wait for you." I did not answer, and he left the house. At 12.30 I closed the house and left about 1.15. On going into the street I saw prisoner standing on the pavement on the same side as the public-house. He said, "Come on over here in a dark spot." I said "No," and he said, "Well, then, have it here." He made a dash at me in the chest, and in the struggle we got in the middle of the road. About three men were standing on the pavement. We were struggling about a minute when I felt a great pain round my heart and I became very giddy. I put my hand to my chest; it was covered with blood and I fainted. I left the public-house with my overcoat on. After being stabbed I fell, and I remembered nothing more until the following Tuesday.
Cross-examined. Prisoner had been very likely using the house for about a fortnight, but I may not have noticed him. I know that the house opposite was having some decorating done to it, but I could not say who was doing it. When the fight occurred there was nobody else that I knew who was present. I know Laker and Steel as customers, but I am not acquainted with them. I cannot remember the name of the customer with the dog; I know him quite well; he lives somewhere in the neighbourhood. The servant girl was pulled aside by one of prisoner's comrades with the intention of getting the half a sovereign away; I do not think I have said that before. I said at the police court that prisoner put the half a sovereign into his pocket. I
cannot say whether they have left it out in the depositions. The skylarking with the dog happened on the first visit and not the second. I cannot say what they were doing with the dog. Prisoner said on both occasions when leaving, "I will wait for you when you have done," and he put his hand in his pocket, rattled something, and said, "1 will give you this." I said that at the last hearing. When the servant put the half a sovereign on the counter I did not hear one of the men say, "That half-sovereign looks like a dud," and I did not clutch it away. When I refused to serve them, when they came the second time, prisoner did not ask the other potman to serve them. I did not say, "Clear out. You don't want me to come over the bar after you." He did not say, "Don't you think you can frighten people." I did not say, "I was not afraid of them in South Africa and I am b—sure I am not frightened of you." It is a fact that I have been through the Boer War; I suppose his friends told him. Before I saw prisoner outside I was not standing with Laker and Steel. I had not quite put my overcoat on when the prisoner came up to me. I then handed it to some stranger to hold, as I stood no chance with it on. I did not strike the first blow. We had not been fighting a minute before I was stabbed. I got him on to his knees. None of the other men who were there attacked him. I did not notice any knife in his hand, or Steel's hand. I did not know that prisoner had a cut on his wrist, or that he was kicked in the eye. I never took my jacket off. I have not got the jacket with me now.
Re-examined. The skylarking with the dog took place on both visits, I think. (To the jury.) My jacket does not show any cut because at the time I was stabbed I had it open.
WILLIAM STEEL , fish fryer, 19, Granville Street. About 11.50 p.m. on December 11, I went to the "Richmond Arms." At about 12.10 prisoner came in with two others. There were two partitions between me and him, but I could see him. They called for three glasses of beer, which was served to them. They were skylarking with a dog, and Williams could not get the money, so he put the beer back again. Prisoner said, "Ain't we going to have that beer?" and Williams put it down the sink, refusing to serve them. Prisoner started cursing and swearing, and said, "You b—, if I had you outside I could kill you." He went out about 12.20 with the other men. I waited till closing time, and then went out and saw two other men; I did not know their names then. We were talking about the affair, and then I saw prisoner come from the Richmond Road to the "Richmond Arms." The potman was just coming outside. The prisoner walked straight across and met him. I heard prisoner say to him, "Come down here." The potman said, "No, come and have it in the light." Then prisoner came walking up and they made blows at one another. They were fighting for about two minutes, and the prisoner was on his knees clinging to the potman's waistcoat. Then he got up and ran at the potman. I went to the potman and he said, "I am stabbed." The prisoner ran away. The potman was dressed in his little coat; a man was holding his overcoat.
Cross-examined. I did not see the potman take his overcoat off. He gave it to the man, so I suppose he took it off to fight. I will swear he was not in his shirt sleeves. They seemed to both strike together. The potman seemed willing to fight. At the time prisoner came up the potman was standing in the middle of the road and I was on the pavement. I had not got my fish-knife with me that night, and I never carry a pocket-knife. I did not cut prisoner on the wrist. To my knowledge prisoner was never injured at all. When the potman refused to serve the prisoner he asked the other barman to serve them, but he refused also. The potman did not say to prisoner, "Do you want me to get over the counter to you," and the prisoner did not say, "Don't you think you can frighten people." The potman did not say, "I was not frightened of them in South Africa." I could hear mostly everything that was said. I have known the potman six weeks, but only as going into the house. When I saw prisoner coming from Richmond Road the potman was just coming out of the door and they met one another.
JAMES LAKER , portmanteau maker, 112, Alfred Road. About 11 p.m., on December 11, I was in the "Richmond Arms." Prisoner came into a different bar to mine. I heard a man say, "When I get outside I will do for you." On going out I saw prisoner, and I recognised his voice as the voice of the man who had said that. This was at about 12.30. When Williams came out prisoner said, "Come down here," and I said to the potman, "Don't you go down there; stay up here." Prisoner came up with his hands in his pockets and made a dig at Williams's chest with his head down. Then they kept hitting one another, and the prisoner kept digging away at his chest. All of a sudden prisoner went down, and then I saw a knife in his hand. I said to Williams, "He has got a knife in his hand." He said, "Yes, I am stabbed." Prisoner ran away, and I ran after him. I found him coming back, and I kept him at No. 2, Eardley Crescent until the policeman came up. I said to the policeman, "That man has stabbed that man over there." Another man was holding Williams's overcoat.
Cross-examined. He had his overcoat in his hand when he came out, and he gave it to this other man to take care of. I did not say at the police-court that he took his overcoat off, nor did I say that I heard prisoner say, "When I get you outside, I will do for you." They only asked me what I saw outside. I was in a different bar to Steel, and I did not hear prisoner speak to the other barman. I did not hear Wilkins say to prisoner, "You do not want me to get over the counter to you." I did not hear the prisoner say, "You don't think you are going to frighten people," and I did not hear Williams say anything about South Africa. I cannot say who hit the first blow; they both, as far as I could see, struck at once. I did not see any of prisoner's injuries. He did not try and get away from me whilst I was waiting for a policeman outside No. 2.
Police-constable MICHAEL JOY, 646 B. At 12.40 a.m. on December 11 I arrested prisoner at the corner of Yardley Crescent. I took him into the private bar of the "Richmond Arms" public-house, and there found the prosecutor sitting down. He said, "He stabbed me
with a knife; he did it in the street; he is an entire stranger to me." I sent for a doctor. Prisoner said, "Here is the knife; I did it with this knife," and he produced this knife, which was open, out of his right hand overcoat pocket. He had a severe cut on the left wrist and his eye was very much swollen. I handed him over to another officer.
Cross-examined. The injury to the eye looked as if it had been caused by a kick. He did not oppose me in any way. When I saw the prosecutor in the bar he was not in his shirt sleeves.
Police-constable HENRY PUTTICK, 398 F. At 12.45 a.m. on December 12 I took the prisoner into custody from the last witness. On the way to the station he said, "I own I did it, but what I did was in self-defence."
Detective-inspector HENRY SHORTHOUSE, F Division. At 1.40 a.m. on December 12 I saw prisoner in custody on his way to the station. He said, "I did it, but I have a witness, Harry Fancourt. You will find him at 2, Yardley Crescent." I went to the house, but I was unable to make anyone hear. I went to the "Richmond Arms" public-house, and from what they told me I went to the West London Hospital, where I saw the prosecutor. I was told the nature of his injuries, and I then went to the police station, where I again saw the prisoner. There were two knives on the desk and I picked one up. He said, "That is the knife I did it with."
Detective-inspector JACOB SAUNDERS, F Division. At 7.30 a.m. on December 12 I charged the prisoner and he said, "I don't know about attempted murder; I don't think that is quite right."
EDWARD PARKER WOLMAN WEDD , house surgeon, West London Hospital. At 1.30 a.m. on December 12 prosecutor was brought in. He was very collapsed and bleeding from three wounds in his chest, which could have been caused by such a weapon as this knife (produced.) (The witness described the position of the wounds.) A considerable amount of force would be required for the first wound. He was detained until December 23.
Cross-examined. Prosecutor was all right when he left the hospital. (To the Jury.) It is quite possible that the wounds could have been inflicted without piercing his jacket. The third wound I have described was very slight, and it might have been delivered from any direction.
WILLIAM NEWETH (prisoner, on oath). I am a house decorator, 17, Dalston Road, Dalston. I am 22 years old. I have never been in any sort of trouble before. I was employed by George Jennings, sanitary engineer, and since I left them I have been working for my father, who is a retired licensed victualler, and who has some house property. A fortnight before December 11 I got a job decorating No. 2, Yardley Crescent, which is just opposite the "Richmond Arms." Fancourt was working for me, and we used to sleep there every night. Every evening after finishing work we would go into the "Richmond Arms." About 7.30 p.m. on December 11 he and I went in. Two
other men, strangers to us, got into our company. A servant girl came in and put two jugs and half a sovereign on the counter. One of these men said, "Doesn't that look like a dud?" We all looked at it, but no-one touched it. The potman picked it up and nothing was said. I did not put it in my pocket. Nothing happened about a dog on that occasion. Fancourt and I left about nine and we stayed in another public-house until about 11.30. We left there and went to the "Richmond Arms" again. We met a bar acquaintance who had a dog. I asked him to have a drink and I put 6d. down for three drinks. The man said, "You see my dog play 'coddem,'" and he took the 6d. and the dog smelt in which hand it was. That was done several times. Williams, after waiting half a minute, withdrew the beer and threw it down the sink; the stranger had my 6d. playing with the dog. I did not say anything for a little while, and then I asked the potman to serve us. He said, "You cannot have any more here." I asked the other barman to serve us, and he said, "Well, I must not go against him." Williams insulted me, and I said, "Don't you think you can frighten people.' He said, "I was not frightened of them in South Africa, and I am sure I am not b-well frightened of yon. Meet me outside a little after half-past 12." I may have said "Right," or something like that, but I left the house there and then. We went back to the "Lily Arms," and stopped there till closing time. On my way from there to No. 2, Yardley Crescent, I saw Williams and three others standing in the road. As we advanced Williams took off his overcoat and his jacket, and said "Come on!" He advanced towards me, and I made an attempt to pass him, but he struck me in the face. O! course I retaliated, and while we were fighting these three other men attacked me. One tripped me up from behind, and I was then kicked in the eye. I was then on the ground. I found that I was cut on the wrist, and I saw a knife lying on the ground, which I picked up. I got on to my feet again, and Williams made a rush at me, and during the struggle he got stabbed, I suppose, by me. I did not exactly do it intentionally; I suppose if he had not been stabbed I should, because of the way they were all treating me. I then walked over to my place an I waited till the police came.
Cross-examined. I had my own knife also on me at the time. The "Lily Arms" is about 50 yards from the "Richmond Arms." When leaving the "Lily Arms" for the last time I may have been a little the worse for drink, but I was not quarrelsome in any way. There was no dispute of any kind on our first visit to the "Richmond Arms."
HENRY FANCOURT , painter's labourer, Piggott Street, City Road, corroborated the prisoner's evidence as to the incident in the "Richmond Arms," and added: When the prosecutor said to prisoner, 'Come on!" I said to prisoner, "Come on Charley, you are not in a fit state to fight." With that, the prosecutor struck him in the face and the fight started. There were a few blows struck, and then some-one tripped prisoner up from behind, and while he was down again he got a kick in the right eye. There were about four or five of them alto-gether against him. I helped him up, and as he got up he claimed hold of something which was on the ground. I said," Come on,
Charley; don't have no more of this. You are too gone." All of a sadden the potman and the others surrounded him again. I did not see what happened, because they were all round, but I saw the potman fall to the ground.
Cross-examined. It is not true that the second time we went to the "Richmond Arms" the potman refused to serve us because we were the worse for drink. We had had six drinks by then. I remember clearly all the events that happened that night, although I was three-parts intoxicated. I am sure the potman fought in his shirt sleeves. During the fight I saw a man holding a coat; I cannot say whether he was holding two coats. Verdict, Not guilty.
BEFORE THE RECORDER.
(Thursday, January 18.)
WILLIAMS, Lewis (24, coster), McGUIRE, Francis (27, fruiterer), BARNETT, Harry (22, coster), and SOUTHEY, Frederick (26, car-man) , robbery with violence upon Richard Haynes, and stealing from him 17s. 6d., his moneys.
Mr. Muir, Mr. Travers Humphreys and Mr. Briggs prosecuted; Mr. Hayes defended Southey.
MARK COBANT , ladies' tailor. On November 17, about 12 midnight, I went into the urinal at the corner of Wentworth Street, White-chapel; Haynes came in after me. There are two entrances to this urinal. McGuire and Barnett came in at one entrance and Southey and Williams and another man came in the other entrance. Southey ran behind Haynes and clutched him by the throat, saying, "It's all right; I have got him tight." The other prisoners rushed in and held prosecutor's hands. Williams put his hand in Haynes's waistcoat pocket. I saw some money drop out of the pocket, a piece of gold and some silver. Williams and Barnett picked it up. McGuire, Barnett, and Southey then ran out. Williams was left with Haynes; he pushed Haynes down to the floor and kicked him in the ribs, saying, "Stay down, or I will out you," and ran out after the others. I saw them all run into Lowlesworth Buildings. Haynes asked me to go to the station as a witness and give a description of the men as well as I could, and I did so. Later that night I went to the station and from a number of men picked out Williams. On November 21 I saw another lot of men put up, and I picked out Barnett; I was not sure of McGuire, so I did not pick him out. Next day I picked out Southey. Cross-examined by Williams. I was at the George Yard entrance to the urinal. It was quite light. When you took your hand out of Haynes's pocket I saw the money drop. You were in the urinal about five minutes altogether. Before I picked you out I was not told by the detective how you were dressed.
To McGuire. I refused to pick you out because I was not sure of you.
To Barnett. Prosecutor was in the urinal before you came in. To Mr. Hayes. I was able to see the assault committed because I was behind these men and they could not see me. I was looking through the entrance. The scuffle lasted four or five minutes. There was a fifth man with the prisoners; I cannot give a description of him. Southey was wearing a long grey overcoat like that which he is now wearing. When I said at the police court, "He was without the overcoat that he is wearing now; he had a different coat on," I thought you were referring to Barnett.
Police-constable AMBROSE RAYNER, H Division. On November 17, about 11.30 p.m., I was in Commercial Street. I saw there four prisoners and a fifth man enter the "Princess Alice,' which is about 50 yards from the urinal. About midnight I saw prosecutor and Cobant at the station. A little later I saw Williams in Commercial Street. I told him I should arrest him on suspicion of being concerned with four other men not in custody in assaulting and robbing a man of 17s. 6d. just previously in Wentworth Street. He said, "It is all through that big bastard that I done it." When told at the station what he was being detained for he said, "What, robbed of 17s. 6d. I should say so; I have not got it; I wish I had some of it." Next morning he was put up for identification; prosecutor failed to identify him; Cobant picked him out at once. On November 20 I went to McGuire's house, accompanied by a detective from another division. I told McGuire I should arrest him on suspicion of being concerned with' one man in custody and three not in custody in this robbery. He said, "If I had known you were coppers you would never have got into this house, as I knew you had got two in for it." (In fact two had been arrested, but only one had been charged.) On Barnett and McGuire being put up for identification, prosecutor identified both men; Cobant picked out Barnett, and did not identify McGuire. On McGuire being charged he said, "The 'pros.' was drunk when he was britched (robbed); I admit I was there, but I had nothing to do with it, but I saw it done, and it was where Southey broke his ankle." I was present on November 21 when Southey was arrested; he pulled out of his pocket a paper, which he tore up and threw away; the pieces were put together; it is a certificate of admission at some hospital receiving room (Exhibit 1). When Cobant identified Southey he said, "This is the man who held prosecutor by the throat." Southey said, "You are wrong"; Cobant said, "No, I am not; you are now wearing the same shirt as you had on then." When I saw Southey on November 17 at 11.30 p.m. he was not limping.
To Williams. When I arrested you there were some men with you whom I do not know. I had had a description of you from Haynes and Cobant, a joint description; what one did not remember the other did.
To McGuire. Detective Newing was with me when I arrested you; I cannot say why he has not been called as a witness.
Detective JOHN NEWING, G Division, corroborated Rayner as to the arrest of McGuire.
To McGuire. I was not called before the magistrate.
Police-constable WALTER CHURCHER, 432 H. On November 19 I arrested Barnett. He said, "I expect it was that b——Marks Cohen (Williams) that shopped me for this lot; I will do it on him."Barnett was identified by Haynes and Cobant. At the station Barnett said, "I can put up with what I get; I have had a good run." On November 21 I arrested Southey. I told him. the charge and he said, "I know nothing about it; if I knew. you wanted me I should have kept away from this end; I am not afraid of what I get; I am innocent." He was identified by Haynes and Cobant; Cobant said, "This is the man who held the prosecutor by the throat." Southey complained of an injury to his ankle and was taken to the station in a cab.
Police-constable WALTER BEADEL, 117 H. On November 17, at 11.15 p.m., 1 was in Leman Street, when I saw the four prisoners and two other men. I had seen them together before; they all ran towards Commercial Street. At midnight, when I went to the station, I saw Williams detained there; I knew him by the name of Marks Cohen.
To Williams. I have seen you about Commercial Street and Spitalfields for two or three years, frequently in company with Southey and Barnett.
Police-constable WALLACE RYE, 194 H. On November 17, at 11.40 p.m., I saw the four prisoners outside the "Princess Alice." Inspector THOMAS TRAVIS, H Division, spoke to the circumstances of the various identifications.
LEWIS WILLIAMS (prisoner, on oath). On November 17 I was with three other men (not these prisoners); we had a few words, and a constable came up and said he should arrest me for causing an obstruction. I was taken to the station and kept there for an hour before I was told that I was wanted on this charge. What Rayner and Churcher have said is perjury right the way through. When I was put up for identification Haynes walked down the row; he touched another man and said, "I swear to the Almighty God this it one of the men." Why was not that man charged?
Cross-examined. I never knew McGuire until I saw him at the police court. Barnett I have known as a costermonger. My right name is Mark Cohen. I have seen Southey several times. On this night I was in the "White Swan" from 11.15 to 11.50.
Sergeant ALFRED LAND, 86 'N, was interposed to prove a plan of the urinal.
FRANCIS MCGUIRE (prisoner, on oath) denied that he was with the other prisoners or had anything to do with the assault. He pointed out that Cobant had failed to identify him as one of the men in the urinal; the only man who had picked him out was Haynes, who was not here now.
Cross-examined. What the police have said as to my statements to them is all wrong. When I was charged the inspector said, "If
you will tell us who did it we will let you go"; this was not one of the officers called to-day; it was a man with a fair moustache. (Several officers were called into court; prisoner said as to each that it was not that man.) On November 17 I was not near the "Princess Alice." I left my house at 8.30 and told my landlord I was going to the Cambridge picture palace. I met two friends and went into the Cambridge and stayed there till after 11; one friend was John Buller; the other was a fellow called Scosher; I do not know their address. On leaving the Cambridge we went into the "Round House" and stayed there till a quarter to 12. I got home about a quarter past 12.
(Friday, January 19.)
HARRY BARNETT (prisoner, on oath) read a statement to the effect that he was innocent of the charge and knew nothing about it. From 9 p.m. on November 17 till 1.15 a.m. he was in Charing Cross Road with a man named Goldberg, helping him with a fruit barrow. On the 19th he was arrested by Rayner and a constable not in uniform, and when charged with being concerned with Williams, then in custody, in the robbery, all he said was, "I know nothing at all about it." Churcher was not with Rayner when he was arrested; the statements alleged to have been made by him when arrested were put in by the police to make it look bad against him.
Cross-examined. I cannot say where Goldberg lives and do not know where he keeps his barrow; I meet him at a certain place every night. My friends have tried to find him, but they do not know him.
FREDERICK SOUTHEY (prisoner, on oath). I am a carman. At 8.20 p.m. on November 17, I was going down the urinal in Leman Street, and, having had two or three drinks, I slipped three or four steps. I came out and walked across the road to the corner; this would be about 8.30 p.m. I found my leg gave way a little bit and I could hardly walk. A friend named Thomas Cooper came along and said, "Holloa, Fred! What is the matter?" I said, "I have just fallen down those steps over there and I can hardly walk." He said, "You had better come to the hospital." I said I did not want to go there because I had had a little drop of drink. He invited me to come to his place and have a cup of tea, and we took a tram to No. 131, Ernest Street, where he lived. On arriving there we found that his wife was out and he said that she had gone to the picture palace. He put some water on the fire to bathe my ankle with and I bathed my ankle. It came up so swollen that I could hardly walk at all. He made some tea and we sat there until the wife came in at 11 p.m. She asked me what had happened to my ankle and I told her I had slipped down. She said to her husband that he could not let me go out like that, and that he had better put me up a bed on the floor and take me to the hospital in the morning. I laid on the floor all night and got up in the morning. We had some breakfast and at about 3.20 p.m. he came with me to the London Hospital The doctor bandaged my foot up and gave me this application form,
dated November 18 (Exhibit 1). On the night of the 17th I was dressed as I am now, but I had no overcoat on. I did not get the overcoat until the 20th. I was also on that night wearing this same white shirt that I am wearing now. I have worn no other shirt since then. I know nothing whatever of this charge. Of the other prisoners 1 know only Williams, but I have never been in his company. (To the Jury.) Rayner, while searching me at the station, pulled out the Hospital ticket and tore it into pieces. I told the inspector and he said to Rayner, "You had no need to do that." Rayner picked up the pieces and put them together again. The inspector was a tall fair man. I have seen him on four occasions when I was remanded.
Cross-examined. No doubt this was not mentioned at the police court. I am not known as "Long Southey." My friends know me as "Darkie." I happen to remember the exact time that I came out of the urinal because as you cross the road there is a clock which you can see and which the majority of people look at. I was not in the company of the other prisoners that night. The police evidence is all untrue on that point. I did not go to the hospital on the 17th because I had been drinking all day. I did not have another drink after 1 met Cooper; I was "just middling" when I met him, but I know what I was doing; I was not silly drunk.
Re-examined. On the morning of the 17th I went to Caledonian Road to get my overcoat out of pawn. I had about sixteen or seventeen drinks before I met Cooper.
THOMAS COOPER , 18, St. Stephen's Place, Bermondsey. I sell fruit from a barrow or a crate. I have known Southey for a long time as frequenting Spitalfields Market. At 8.30 p.m. on November 17 I was coming from Aldgate when I met him at Venables' corner in Commercial Street. I said, "Hullo, Fred! What is the matter?" as he was leaning against the wall. He said, "I have sprained my ankle." I suggested his coming to the hospital with me and he said, "No, I do not like the idea as it is so late." I then invited him to come home with me, and he accepted. We took a tramcar to my place, which was then at 131, Ernest Street. On the following afternoon at 3.10 I went with him to the London Hospital.
Cross-examined. He was quite sober when I met him. I cannot say why he did not go to the hospital the first thing in the morning. I had not seen him for a fortnight before the 17th. I know the exact time I met him, because there is Gardiner's clock, which every man ought to be able to see. I noticed the time Cooper and I got into the house was 9.10 p.m., from the clock on the table. (To the Court.) I went to work on November 15 and 16. If I have enough money to stop in 1 stop in. I am quite sure that whilst in the house nothing whatever was done to Southey's ankle; I did not heat some water and bathe his leg.
McGuire called the following evidence in support of his alibi.
17 he said he was going to the Pictures and my husband gave him 4d. because he used to help him in the stables. He came home between 12 and 12.30 a.m. He had a little room downstairs and I slept upstairs. I told him when he came home if he knocked at the door there would be a bit of fish on the table for his supper. He knocked at my room door at that time and I told him there was the fish, and asked him where he had been, and he said to the Pictures. I asked him what time it was and he said between 12 and half-past by the clock on the table. He then took the fish away.
To McGuire. I was present when you were arrested and I do not remember your saying to the policeman, "If I had known you was two policemen you would not have got into the house." You said that it was very hard lines to be took into custody innocent, and Rayner said he was sorry, but he had to do it. I have known you three or four years.
Cross-examined. Barnett never came to our house on this night. At the beginning of the week he came one or two nights with McGuire and slept in the same bed, but I did not like it, as I wanted McGuire to have the room to himself. I did not always see Barnett when McGuire brought him, but I do not think he brought him after my husband had said that he objected to it. When arrested the policeman told him that he was being taken for identification in connection with a robbery, but I did not hear him mention any time as to when the robbery had taken place. They said they would not keep him after two o'clock. When the police asked me what evidence I could give I made the same statement to them that I have made to-day. (To the jury.) I know that McGuire did not have any money on the morning of November 18.
JOHN BULLER (to McGuire). I am at present doing a sentence of four years' penal servitude for having house-breaking implements in my possession. About 8.50 p.m., on November 17, I met you with a man named Scosher, a stranger to me, outside the Cambridge Picture Show. We stayed there until 11.10 and then we went to the "Round House" public-house and had drinks. Between 11.55 and 12.10 we left there and went to the top of Commercial Street to the Standard Music Hall. I there saw you on to a Stamford Hill car. It is about five minutes' walk from the "Round House" to the Standard. I saw no more of you that night. We left you at 12.20 p.m. (To the Court.) I got locked up about November 20. I gave evidence before the magistrate.
Cross-examined. I did not hear McGuire give evidence at the police court or at this court. It would not be right to say that we left him at 11.45. (To the Court.) I do not know what the prisoners are charged with.
SARAH MILLER . Between 11 and 11.30 p.m. I was in the "Round House," when McGuire came in with two men and had two drinks. I cannot exactly say the time when they left, but it was before 12. I have known McGuire about four years. He said he had been up to the Cambridge. I asked him to treat me, and he said he had only got a penny for his car fare. I think he was sober.
In accordance with the prisoner McGuire's request, Frank Smith was called, but he did not appear. Mr. Travers Humphreys stated that the police had made every endeavour to find him, without success.
Each prisoner confessed to a previous conviction: Williams, at the South London Sessions, on March 27, 1909; McGuire, at this Court, on July 19, 1909; Barnett, at the South London Sessions, on May 9, 1911; Southey, at the London Sessions, on December 20, 1910. As to Williams, six convictions since 1908 were proved, one of them on September 6, 1910, being for assault and attempted robbery. It was stated that since his release from his last sentence on July 8, 1911, he was not known to have done any work, but to have associated with thieves and prostitutes. As to McGuire, a large number of convictions in Scotland, mostly for theft, for which he had been admonished, dating from 1897, and further convictions in this country were proved, including the conviction to which he had pleaded guilty, on which he was sentenced to three years' penal servitude for robbery with violence; he was released on October 20, 1911, and had still 272 days to serve. As to Barnett, the conviction to which he had pleaded guilty was the only one against him; it was for insulting behaviour. He was stated to be an associate of McGuire and to have been very much influenced by his example and to be an associate of bad characters. As to Southey, a number of previous convictions, including two for living on the earnings of prostitution, were proved.
EDWARD LEONARD , greengrocer, High Street, Walthamstow, was called on Southey's behalf to say that up to three months ago prisoner had been working for him for twelve months and had given satisfaction.
(Saturday, January 20.)
(Each prisoner, by the recommendation of the Governor of the Prison, was placed in the dock for sentence separately.)
Sentences: Williams, McGuire, and Southey (each), Seven years' penal servitude; Barnett, Eighteen months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, January 18.)
ALEXANDER, Alec (54, musician) pleaded guilty of on June 2, 1911, feloniously stealing a ring set with 10 diamonds, a half-hoop ring, and other jewellery, the property of Rosalind Vernon; on June 2, 1911, having been entrusted with certain property, to wit, a banker's draft for payment of £141 in order that he might apply the same for a certain purpose, to wit, to redeem certain jewellery, unlawfully fraudulently converting the same to his own use and benefit.
On February 14, 1910 (see Vol. CL II, page 500), prisoner, in the name of Leon Alexander, was convicted of abducting a girl under the age of 16 and bound over on an undertaking not to communicate with the girl again. When arrested on the present charge he was found living with her. Last session (see this volume, page 239) he was brought up under his broken recognisances, and, for the original offence, sentenced to two years' hard labour. He had appealed against this sentence and the appeal had not yet been heard.
Sentence for the present offence was postponed to the first day of next Sessions.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 18.)
Prisoner had endeavoured to obtain the articles by means of worthless cheques taken from a cheque-book which she said she had found on the top of a 'bus, but which was discovered to have been stolen on November 17. She had refused to give any account of herself. In her possession were found cards, upon which were printed the name and address of a person who disclaimed them. Prisoner admitted having obtained the cards. She is the wife of a man many times convicted for forgery and fraud, and now undergoing a term of penal servitude.
Sentence: Five months' imprisonment.
Prisoners, who had previously both borne good characters, were released on their own recognizances to come up for judgment if called upon.
Mr. Clarke Hall prosecuted; Mr. Green defended.
Prisoner received a good character, his employers stating that they were willing to take him back into their employ.
Sentence: Three months' imprisonment, second division.
COOPER, Henry Edward (35, grinder) , carnally knowing Gertrude Alice Mabel Barefoot, a girl above the age of 13 years and under the age of 16 years; unlawfully taking the said G. A. M. Barefoot out of the possession and against the will of her mother with intent that she should be carnally known by him, the said H. E. Cooper.
Mr. Clarke Hall prosecuted.
Prisoner had repeatedly committed the offence with prosecutrix, who had gone away with him relying on his promise to marry her. He had a wife and family.
Sentence: Three months' hard labour.
Mr. G. F. Carter prosecuted.
JOSEPH BLAKE , horsekeeper, 51 and 52, Victoria Dock Road. On August 3 prisoner said that he could get a couple of days' work for my black mare, which was standing idle. The following morning I let him take her away. I did not see anything more of him until the Sunday morning, when he told me that he could very likely find a customer for her. I allowed him to do so if he could. About a week afterwards in consequence of a communication made to me I went and found my horse at the stable of Mr. Lodge, of Stepney Street. I did not see the prisoner again until I saw him at the police court.
Cross-examined by prisoner. You did not buy the horse from me. You have bought and sold horses for me. You introduced the people, who owned this mare, to me about six weeks before this and I bought it for £12. It was not you who bought the horse then; I did not lend you the money to buy it. (Here prisoner stated: I wrote out a cheque to the firm the same afternoon and the ostler brought cheque down to me the following morning and said he could not change it because he had endorsed it in his own name, so I made the cheque payable to him. He then gave me the horse.)
To prisoner. I told you that if the horse suited me I would buy it. You have bought horses from me before, and I have sold them to you. Walter Lodge, carman and contractor, 25, White Horse Lane, Stepney. On August 9 I bought this mare from prisoner for £9. Baker claimed it on the 13th and took it away; I was authorised by the police to let him have it.
To prisoner. I have had horses from you before and always found you straightforward.
Detective-sergeant WILLIAM BIDLEY, K Division. On November 17 1 saw prisoner detained at the police station in Coventry. I read the warrant to him and he said, "I know nothing about it. That is not stealing. I have been hard up for months. When a person is down to that he will do anything to get a few shillings." I conveyed him to Poplar Police Station, where he was charged with fraudulently converting £9 to his own use.
Judge Lumley Smith, stating that the person defrauded was Lodge and that in his opinion the indictment was wrongly drawn, directed the jury to return a verdict of Not Guilty.
HERSCHDORFER, Adolph (26), and STERN, William Solomon (21, boarding-house keeper), pleaded guilty of: Herschdorfer, unlawfully and wilfully making a false declaration required by the Marriage Registration Act, 1856, for the purpose of procuring a marriage between the said A. Herschdorfer and Rose Mayer well knowing the said declaration to be false in a certain material particular; Stern, aiding, abetting and procuring the commission of the said misdemeanour: ' both conspiring and agreeing together to commit the said misdemeanour.
Mr. Graham-Campbell, who prosecuted, said that there was no doubt that a great number of foreigners who found obstacles in the way of their getting married in their own country came to England, when they were not known, and, with the assistance of people in this country, were able to get married very quickly on false representations. On December 26 Herschdorfer and Mayer came to England and Herschdorfer went to a boarding-house at Highbury kept by Stern. Herschdorfer showed a witness a circular in German, published in London, which spoke of the marriage form by licence in England as being the simplest and most invariably used by foreigners. There was no doubt that a large number of advertisements were published in foreign papers which led foreigners to come to this country to be married. In the circular reference was made to" the proverbial prudery and hypocrisy of the English." On December 27 Herschdorfer and Stern went to the Superintendent Registrar at Islington and Stern said his friend wished to be married by licence. Herschdorfer signed a notice stating that he and Rosa Mayer had been residing at nighbury for six weeks, and Stern confirmed that statement. The authorities, for obvious reasons, attached considerable importance to cases of this sort. It was undesirable that foreigners should be able to come to this country to evade the marriage law. No doubt a number of people in this country lent themselves to this sort of thing and made a considerable living by going to registry offices to interpret for foreigners, but no previous offence was alleged against Stern.
Mr. Martin O'Connor, for Herschdorfer, said that the parties gave a fresh notice and were married last Monday. Herschdorfer did not know a word of English and had been told that the signing of the notice was a mere formality. He came here because he was a German and Rosa Mayer an Austrian, and their getting married under the German law would have been a very protracted matter.
Mr. Purcell, for Stern, urged that he knew nothing about the law with regard to marriages.
Judge Lumley Smith commented on the facilities which the English law gave people for getting married quickly at registry offices. It was, he said, absurd to say that the regulations of the law with regard to marriages were mere formalities.
Sentence (each): Three weeks' imprisonment (second division), to date from the first day of this sessions.
Before JUDGE LUMLEY SMITH.
(Friday, January 19.)
PHILLIPS, George (19, carrier) , having been entrusted with certain property, to wit, the sum of £1 1s., for delivery to Samuel Wiseman, unlawfully did fraudulently convert the same to his own use and benefit.
SAMUEL WISEMAN , confectioner, 1, St. Albans Road, N.W. On November 3 I sent prisoner with half hundredweight almond hardbake to deliver on a round. He did not bring back any money. He said Mr. Louch had not paid him and the man thought it was not the right price.
Cross-examined by prisoner. I used to pay you so much for the job. I did not say at the police court you left without notice.
ARTHUR LOUCH , confectioner, 284, Hoxton Road. On November 3 prisoner brought to my place half hundredweight hardbake toffee and a slab of coconut toffee. I did not pay him the bill, as the coconut toffee was not for me. He took it away. He came the next day. I paid him and he signed the bill. I did not give any receipt for the goods. The coconut toffee was not on the bill; that is why I did not pay him the first time.
To prisoner. I paid you between 10 and 1 o'clock.
Detective-sergeant FREDERICK READ, K Division. I arrested prisoner on December 10. He said, referring to prosecutor, "He has made a bloomer." I conveyed him to Harrow Road police station. When charged he made no reply.
GEORGE PHILLIPS (prisoner, on oath). On November 3 I delivered goods to Mr. Louch's shop. I asked if he had ordered a slab of coconut toffee which was not entered on my deliveries. He said he had. I delivered the goods and when I offered him the bill he said the almond hardbake was too much money, 40b. a cwt. I said, "I cannot help that; you must either have the goods and sign for them or I will take them away if you really don't want them. He said, "No, you can leave them and tell Mr. Wiseman I wish to see him. At my next delivery the man asked for a slab of cocoanut toffee. I told him where I had left it and promised to bring it up that night or next day. I reported the matter to Mr. Wiseman and he said I was to go for it next day Mrs. Wiseman gave me the slab of coconut toffee next day at 930 a.m. and I delivered it at 11 a.m. to 10, High Road, Kilburn, where I ought to have delivered it. I never received the £1 1s., although I signed the bill on November 3 without getting the money. I handed the receipt for the goods to Mr. Wiseman. It has not been produced because Mr. Wiseman could not find it. I told Mr. Wiseman I had never received this money.
Cross-examined. I can leave goods without the money. I make out a piece of paper for them to sign for the goods I deliver. I never had a book from Mr. Wiseman. Sometimes I sign the bill before I am paid. On this occasion I forgot all about the bill or else I should have brought it back.
Verdict, Not guilty.
Mr. Sidney Davey prosecuted.
ROBERT COOK , fishmonger, West Street, Dorking. On December 14 I drew a cheque in favour of T. Wall and Sons for £4 8s. When I sent it to them it was not endorsed. Before this charge I did not know prisoner.
ISAAC SHURE , draper, 138, Brick Lane, E. On December 21 prisoner came to my shop. He wanted a shirt, and produced a cheque. He wanted the shirt and the change. The cheque was not then endorsed. He was willing to endorse it in the presence of a constable. I went to find one, but could not. I returned to the shop and he endorsed the cheque. I told him I could give him nothing at present; I would have to go to my bank to make inquiries as I did not like strange people's cheques. I told him to come back between three and four. I was suspicious of his signature and did not like to go to the bank, and I handed it over to Commercial Street police station. When prisoner called between three and four I called a constable, who took him to the station. He had neither the shirt nor any money.
Cross-examined. I did not tell you I would telephone to Walls to see if the cheque was correct. Wall did not reply that he remembered giving the cheque to a lad but did not know who.
Sergeant Gooding, H Division. At 4.30 p.m., on December 21, prisoner was at Commercial Street police station. I showed him this cheque. I said I had been making inquiries, and he would be detained till I made further inquiries. He said, "I met a man in Piccadilly this morning, and he gave it to me. He told me he had been offered 15s. for it at a place in the West End where they took bad cheques. We came down together to Brick Lane, and I took the cheque into a shop but the man would not change it. I then took It into a draper's shop, and was going to buy a shirt, and wrote Wall and Son on the back of it because the young man told me to. The draper asked me to leave it and call again. I don't know the young man who gave me the cheque. He told me he lived in Westminster." When charged with forging and uttering the cheque he said, "Well, I have got into it, I must get out of it the best way I can."
EDEN HOPE (prisoner, on oath). I have been working in kitchens at hotels. I was in one place at Margate nine years. This lad came up to me in Piccadilly and asked me if I knew the name of a street. I did not know it, being a stranger about there. He asked me to come and sit alongside of him, and got talking about this cheque. He said, "I have got a cheque given to me. I have sold some fowls to a man the name of Wall." I said, "Have you the cheque on you?" He said, "No, I have it at my lodgings." He went home and fetched it. A waited about two hours. When he came back he said, "Let's go down Whitechapel way." I said, "I don't know anything about Whitechapel." He said, "I do." At one shop in Brick Lane he says, "Go in there." The man said, "I don't want nothing to do with it; I have no hard cash." The lad took me across the road to the draper's shop. I said to the draper, "Have you got such a thing as a shirt?" He said, "Yes." I said, "I have got no money; I hold this cheque." He said, I don't know who you are; you might be a gentleman; if you like to stop while I call a constable in and sign I will do it." I said, "All right; I will do that." I waited in the shop. He came back and said he could not find a constable. I signed Wall's name on the back. He said, "You call back about four." He tells the constable what I have done. The constable says, "I will be back about four." I went back about four, asked the man what he had said; he goes and fetches this inspector. The inspector told the constable to take me to the station. The constable says, "This man is waiting here to catch the I boy." I intended to have the boy. Something told me after he did not turn up there was something wrong. I never had a chance to catch the boy at all. 1 should know him if I see him. He told me he was Wall. I asked him how to spell it.
Cross-examined. He did not give me his name. He was a stranger to me. He told me the place where they offered him 15s. for the cheque was where they changed cheques that were no good; stolen cheques, I expect he meant. He did not explain to me properly what it was. He told me he got the cheque from Wall and Sons, Dorking. I went into the draper's as ignorant as I could be. I saw the cheque was for £4 8s. I was hard up and wanted to get some money. He offered me the odd 8s. I was anxious to do it having no habitation. I was only thinking of doing it as a kindness to the lad. I said to him, "What did they offer 15s. for?" He said, "I was not going to take that for a £4 8s. cheque." I said, "It is no good. What is the meaning of the two marks on it, the crossing?" He said, "You have to send it to the bank where it belongs to." I said, "Why, don't you send it on to the bank or take it down?" He said, "I am not going to take the trouble to take it down to Dorking." He was 18 or 19, as tall as me. I did not know whether he got it honestly or not.
Sentence: Three month’s imprisonment.
ANN BRUNETTE MOLESWORTH . On December 20 I was residing at Malvern House, Holland Park Avenue. Owing to information I received I searched for certain articles and found missing from the dressing table and a box some silver backed brushes, a mirror, a pin cushion, five rings, two brooches, etc., value £30 to £40. I recognise this ring. They were safe at 9.45 a.m. and I missed them when I returned at six. I gave a list of the things to the police.
Detective ALFRED RUMFORD, F Division. On December 20 I went and searched prisoner. I found in his waistcoat pocket a gold wedding ring. When I arrested him he said, "You have made a mistake, governor. I have been drinking in Portobello Road all day." When charged he said, "I know nothing about it." When I found the ring he said, "That is mine; a tall man gave it to me, I do not know his name."
Samuel Collins (prisoner, on oath). I had been drinking in the "Portobello Star." I was in there when two men came in and asked me to have a glass of beer. I had been with them half an hour or three-quarters, when one of them showed me a ring. He first asked if I wanted to buy it for my missis; I said no. He asked me would I take it to the pawnshop; I said I would, as I thought of getting a few more glasses of beer. With that the constable come and arrested me, when I thought he arrested me for being drunk. When he searched me he found this ring. I told him a tall man had given it to me to take to the pawnshop. I have a wife and three children and am innocent of the theft.
Cross-examined. The reason I did not tell this story to the magistrate is because he did not give me time to speak. I wanted to make a statement. I told the constable. The magistrate asked whether I had anything to say. I said no, but they don't give you much time to speak.
Prisoner confessed to a previous conviction. Other convictions were proved.
Sentence: Twelve months' hard labour.
Verdict, Not guilty.
Prisoner confessed to a previous conviction. Numerous other convictions were proved.
Sentence: Twelve months' hard labour.
BEFORE THE RECORDER.
(Saturday, January 20.)
MASON, Albert (47, agent) , obtaining by false pretences from Isaac Sakelovitch 3s., from Joseph Jackson 7s. 6d., from Frederick Albert Quorn 4s., from Charles Henry Cockrane 5s., and from Alfred Page 2s. 3d., in each case with intent to defraud.
Mr. Graham-Campbell and Mr. Briggs prosecuted; Mr. Purchase defended.
ALFRED PAGE , bootmaker, 156, Tollington Park. Prior to September 25 on several occasions prisoner called on me stating that he was an agent of a company insuring glass windows; I believe he said the Royal. He gave me a prospectus, but I have lost it. On September 25 I gave him 2s.3d. for a six months' insurance and he handed me this receipt (Exhibit 6) signed "A. Mason"; no name of any company is mentioned. He told me that he had previously insured the glass of my premises, which I had just gone into, and he could do it cheaper than any other agent. In paying him the money I believed he was authorised to collect it for the Royal Insurance Company.
Cross-examined. I should say he called six times. I was inundated with circulars at the time as I had just moved in. If I had been insured in a good company, I should not have minded whether it was the Royal or not.
Re-examined. I never received my policy. Within that week he called and said the policy would come along.
LIONEL BLAGDEN , manager, Royal Insurance Company, North London Branch. On September 28 we appointed prisoner an agent. On that date we sent him the letter appointing him, stating that the agency was granted on a cash basis only and that he was not allowed to give receipts on our behalf and that all moneys received by him and must be paid to us at once as we could not part* with any policy unless the premium was in our hands. Finding him unsatisfactory, we discharged him on October 26. He never paid or accounted to" us for any money that he had collected. Exhibit 6 is not one of our receipts.
Cross-examined. If he had given us Page's 2s. 3d. we should have completed the insurance. I knew that he was doing business before September 28, but not collecting money. He first applied to us for an agency on August 16. He had previous to September 28 submitted to us the names of people whom he could get to insure. We sent him some of our stationery. We obtained premiums through him from a man named Gardner, and we settled with him as to his commission. He never endeavoured to conceal his address from us.
Re-examined. He was never authorised to collect premiums or give receipts on our behalf.
CHARLES HENRY COCHRAN , grocer, 57, Ansell Road, Holloway. Prior to October 13 prisoner called on me on several occasions about my insuring my plate-glass and against fire, saying that he was an agent for the Sun Fire Insurance Company. I decided to insure my stock, furniture, and fixtures for £200 for one year, and gave him 5s., for which he gave me this receipt (Exhibit 11); it is headed "The Sun Fire Insurance Office, London," and is signed "A. Mason, agent." He told me the policy would arrive in three weeks' time, but it never came. I then wrote to the company. I thought he was authorised to receive money on their behalf.
Cross-examined. I also insured the plate-glass and he said the policy as to that would arrive in a few days. I would be content if he said, acting as an insurance broker, he was in a position to place my insurance with the Sun.
Re-examined. He measured up my plate-glass and told me it would cost 3s. a year. Ho said he could insure it with the National Plate Glass Company, and I gave him the 3s. I never received a policy in respect of that either.
JAMES JOSEPH TERREL , Inspector of Agents, Sun Insurance Office, Threadneedle Street. I do not know prisoner. On August 2 we received a letter on an official memo, form of the Liverpool, London and Globe Insurance Company, signed "A. Mason," stating that he was an agent of that company and applying for an agency. We sent him an application form, and asked for an interview, but we received no reply. We sent a second form on September 28 (Exhibit 13), but it was never returned to us. I see that it is now filled in. Exhibit 11 is one of our deposit receipts and comes from a book of ten receipts which we issue to our agents; the book was issued in January, 1910, to one of our agents named Lee and we have not seen it since It is the duty of the agent to return the book when he has done with it or leaves the society. Lee left our employment within a few days of his appointment. Prisoner never had authority to use the book, or to act for the society in any way.
Cross-examined. Not having received any reply to our first letter, being in the neighbourhood I called at his address, and as he was not in I left a message. We should not have accepted Cochran's insurance from him; we should have told him he was not our agent and that he should have completed his agency; we should have accepted it independently of him, and if prisoner had become an agent we should have paid him the commission. Sometimes brokers who are not our agents send us business, but we never pay commission to them until they are duly appointed as our agents; failing that we should not make use of the introduction of any business by them.
ISAAC SAKELOVITCH , tobacconist, 89, Oxford Street, Stepney. On October 23 prisoner called and, handing us this card (Exhibit 1) of the National Provincial Plate Glass Company, Limited, stated that he was their agent. On his asking I said I would like to insure my windows. He measured them up and said it would cost 3s. I gave
him the sum and he handed me this receipt (Exhibit 2), headed with the name of the company. He said I would have my policy in a few days. After waiting nine days and not receiving it I wrote to the company. I should not have paid him had I not thought that he was the authorised agent of the company.
(Monday, January 22.)
ISAAC SAKELOVITCH (re-called) cross-examined. Exhibit 1 does not bear his name. I, believe that he used the word "agent," but 1 am not quite sure; I am sure that he said he was the representative of the company; he said he represented as "agent on behalf of the company." He signed the receipt as agent of the company. I note on the receipt it says that if the policy is not delivered within two weeks I am to apply to the company; I did not wait that time because prisoner told me I should have it in a few days.
JOSEPH JACKSON , saddle maker, 88, Matthews Road, Stoke Newington. On about October 23 prisoner called and handing me this card (Exhibit 8), said he was the agent of the National Provincial Plate Glass Company, Limited, and asked me if he could insure my glass. I asked him to call again and he called on the 26th. I told him I would not have the plate glass insured, but if he could insure the shop and the house for fire and burglary. he might do so. He said he could; I understood him to mean the same company. I paid him 7s. 6d. for £200 insurance and he gave me this receipt (Exhibit 9); it has not the name of any company upon it. He said the policy would come in about a week, but it did not do so. I believed he was acting with the authority of the company.
Cross-examined. On the second occasion he did not say it was the same company, but he did not tell me it was any other company. I signed on that occasion these two documents (Exhibits 14 and 15); I see the yare headed "National General Insurance Company"; I noticed when signing the word "national,"But not the rest. I swear he never mentioned the name of that company to me. I did not read the receipt.
FREDERICK QUORH , coffee-housekeeper, trading, as "John Cooper" 142, Holloway Road. On about October 27 prisoner called and stating he was the agent for the National Provincial Plate Glass Company, asked me if my windows were insured. At my request he measured my glass up and told me it would be 4s. I gave it to him and he gave me this receipt (Exhibit 10) headed with the name of the company and signed by him as agent. He said, I should receive the policy in a fortnight, but it never came.
Cross-examined. He said, "I have come on behalf of the company," or something to that effect. I never read the receipt.
PHILLIP JAMBS HODGE , inspector of agents, National Plate Glass Insurance Company. Prisoner was an agent from October 4 to the 14th, when his appointment was cancelled by this letter (Exhibit 3), in which we ask him to forward us all the literature we had let him have and enclosed him a statement of account to settle. As he was doing an
unusually large amount of business we gave him three receipt books, which he never returned. He wrote us on October 14 stating that he regretted we had cancelled his appointment and asking for an explanation. Exhibit 1 is one of the cards issued by us and Exhibits 2 and 10 are two of our official receipts, which come from one of the books we issued to him. He may have had a dozen receipts left. We never received any money from him in connection with the Sakelovitch and Jackson insurances, but we did in connection with Quorn's. He had no authority to receive money on our behalf after October 14.
Cross-examined. After October 14 he did write to us in respect of further business, but we would not entertain it until he had complied with our letter of October 14. To my knowledge we have never done business with Stephenson, of 152, Kentish Town Road, in his introduction subsequent to that date; nor with Ellis or Wall. The question whether, if prisoner had brought Sakelovitch's 3s. to us, the business would have been entertained would have to be referred to the general manager.
Detective-sergeant George Weston, H Division. At 9.45 p.m. on November 4 I saw prisoner in Fonthill Road and read the warrant to him charging him with Sakelovitch's case. He said, "That's all right. Is that the only one?" I said, "There will be other charges of a similar nature." He said, "It is quite true. I have had the money, butt I have given no official receipts since I was discharged from the National Provincial Plate Glass Company." On the way to the station he said, "How do you think I am going to get out of this. You don't want a remand, do you?" When charged he made no reply. I went to the back room of 83, Fonthill Road, occupied by him, and found a number of memorandums, including Exhibits 3, 5, 7, 8, 11, 14, and 15. Exhibits 3, 4, and 12 are in his handwriting.
Mr. Purchase submitted that there was no evidence to go to the jury on the counts dealing with the prisoner having represented that he was an agent of the Royal Insurance Company.
The Recorder agreed and stated he would direct the jury to acquit prisoner on those.
Verdict, Guilty on counts 2, 3, 4, and 5.
A conviction for obtaining money by false pretences at this court in the name of " Ernest Smith," when prisoner was sentenced to 18 months' hard labour, and two previous convictions of a similar nature in 1902 and 1908 were proved. Since his last release in April last year he had worked in June and July for a company by whom he was discharged owing to discrepancies in his accounts. He had fraudulently represented nearly every insurance company in London. He was stated to be a well-connected and well-educated man.
Sentence: Twenty-two months' hard labour.
BEFORE JUDGE LUMLEY MITH.
(Saturday, January 20.)
SILVER, solomon (44, tailor), SILVER, Abraham (20, tailor), and SILVER, Barnett (17, tailor), all breaking and entering the warehouse of Matthews and Clark, Limited, and stealing therein a number of Japanese figures and other articles, and £2 10S., their goods and moneys, and feloniously receiving the same; stealing one crate and other articles, the goods of the Midland Railway Company, and feloniously receiving the same; stealing one pianola and one case, the goods of Herbert John Morgan, and feloniously receiving the same.
Mr. Bodkin and Mr. Brinsley H. Nixon prosecuted; Mr. Louis Green defended Solomon; Mr. Abinger defended Abraham; Mr. H. D. Roome defended Barnett.
Solomon Silver and Abraham Silver pleaded guilty of receiving, which plea was accepted by the prosecution.
Barnett Silver was tried on the indictment with regard to the Midland Railway Company.
Ernest Salmons, warehouseman to Louis Dernier and Co., of 23, Newman Street, Oxford Street, N.; Charles Samuel Brown, carman, Midland Railway; and Charles Richard Murray, van boy, Midland Railway, proved the robbery of the goods mentioned in the second indictment. Walter Walsh, packer to F. A. Dixie and Co., 22, Jewin Street, George Cook, carman, City Basin, to Pickford and Co., and Henry Howard, checker to City Basin to Pickford's, proved the robbery of underwear, the property of F. A. Dixie and Co. Henry Charles Bull, salesman to Matthews and Clark, Limited, 128, Merton Street, Shoreditch, Japanese importers, proved the robbery of the goods mentioned in the first indictment. George Lee, packer to Henry Green, boot and shoe manufacturers, Henry Charles Archer, night foreman to Pickford and Co. at the City Basin, proved the robbery of a case of boots marked H. G. 322. William Standingford, commissioner to Susman, woollen manufacturers, Richard Shaw, checker, and Thomas Driver, clerk to Pickford's at the City Basin, proved the robbery of a quantity of children's sleeping suits and a dozen ladies' merino dresses. Herbert John Morgan, carman and contractor to the Orchestral Company, Hayes, Middlesex, Archibald Cavallier, carman to H. J. Morgan, and Police-constable Joseph Haig, J 458, proved the robbery of the pianola mentioned in the third indictment.
Detective-Sergeant ALBERT BOREHAM, H Division. On December 4 at about 8.30 a.m. I, in company with other officers, went to 128, Southgate Road, which is a corner private house. Solomon Silver opened the door; we went in and had some conversation with him. In the front room we found a number of Japanese ivory ornaments (produced). In a little off room on the ground floor we found a pianola. Other officers went upstairs and brought the other two prisoners down. I said to the three prisoners, "That pianola you have in the back room I believe to be stolen." Abraham replied, "Oh no, we have had
it for nine months and gave £30 for it." Barnett said, "Yes, that is quite right." I said, "It bears the number of one reported stolen." They were afterwards taken to the police station.
Cross-examined. There was another piano in the front room; I do not know how long they had had that.
Detective-sergeant JAMES LAING, G Division. On December 4 at about 8.30 a.m. I went with other officers to 128, Southgate Road; upstairs I found Abraham and Barnett in bed together. I said, "We are police officers and have reason to think that you have stolen goods here." Abraham replied, "Nothing of the kind, we have got receipts for everything." Barnett said, "We have got nothing to be afraid of, we pay well for everything."
Detective-sergeant HY. DESSENT, H Division, corroborated the last witness. I found all the property produced here at 128, Southgate Road. I said to Barnett, "What about all this stuff?" He replied, "Me and my brother are in the business with my father, we are ladies' tailors and buy the stuff as job lots." I said, "Who does the buying?" He said, "Sometimes my father, but principally my brother and me." I said, "Who did you buy the boots from?" He said, "Well, I forget now what party it was, I know we paid a good price." I said, "Have you got any receipts?" He said, "I suppose so, we have each got a banking account, I bank at the National."
Cross-examined. I have made inquiries about the prisoners and find that they all came over from Russia about 15 years ago. Solomon, the father, carries on a ladies' tailor's business in this house with Aibraham. Since April Barnett has been carrying on business in Spitalfields with man named Moscovitch as ladies' tailor. The partnership had just been dissolved when he was arrested. He has never had any charge made against him before. When Barnett said he banked at the National, I understood him to mean the National Penny Bank, where you can put in a penny or a thousand pounds. A younger son of Solomon Silver, named Daniel, was taken to the station, out was discharged.
Verdict, Guilty of receiving.
Evidence of character was given in favour of Solomon. There were no previous convictions against either prisoner.
It was stated that several articles from various thefts and burglaries which had taken place from March, 1911, were found in the prisoners' house; also that Soloman an Silver had handed the police a cheque (produced) for £100 as a bribe.
Mr. Bodkin applied, in view of those circumstances, the business that prisoners were carrying on, the evidence of means, and the gross attempt to bribe the police, that an order should be made against Solomon and Abraham to pay the costs of the prosecution. Barnett Silver was regarded as a subordinate.
Mr. Green and Mr. Abinger submitted that no evidence of present means was given and that the application was unusual; the Judge declined to make the order.
Sentences: Solomon, eighteen months' hard labour; Abraham, twelve months' hard labour; Barnet: was released on his own recognisances in £50 and one surety in £25 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY MITH.
(Monday, January 22.)
LAWES, Frederick (31, grocer), and TRUMAN, Richard (31, grocer) , forging and uttering an endorsement on an order for the payment of money, to wit, a banker's cheque for the sum of £50 with intent; to defraud.
Mr. C. G. Moran prosecuted; Mr. Tully-Christie defended Dawes. Dr. HENRY WATSON TURNER, 59, Wimpole Street, W. I owed a Mr. Snook £118. I sent him a cheque for £50 dated September 2 drawn on Barclay and Co., Norwich. It was paid into my bank on September 7. I identify the cheque.
LAURA WEBSTER , jeweller, 18, Brook Street, W. In the beginning of December Dawes called on me about buying some jewellery. He gave the name of Brooks and said he came from Australia. He came once or twice alone; then he brought Truman. He purchased jewellery to the value of £20 and gave me the cheque for £50. I said we could not take it because it was not his own. He said it was a cheque of a friend of his. I said, "Why don't you pass it through your own bank" He said he did not want his father to know he was friends with the man. He said his friend owed him money. Truman gave the name of Sidney Lewis and brought a business card with that name on.
Cross-examined by Mr. Tully Christie. Dawes came about five times before he brought the cheque. Truman had been in twice before the jewellery was bought. I do not know how many days it took to clear the cheque. When it was cleared Dawes came in and 1 banded him the goods and my cheque for £30. He said he was an old customer, that he knew us when we were in Queen Victoria Street. I looked up the books, but could not find the name Brooks. I could not make it out, but then I do not know the customers. After he had taken the goods he came back about another ring. We went to the Cafe Royal in a taxi-cab, where I had a sandwich and something to drink. My brother goes there every Saturday and I was in hopes I should see him there, as I was getting nervous about the cheque and thought I could find out something. At the police court they both said they were the men who gave me the cheque.
Cross-examined by Truman. I think you were present when Dawes presented the cheque. I saw the cheque was marked "Not negotiable," or I should not have taken it. You were present and helped Dawes to choose the chain.
January (1), 1912.
Sergeant JAMES BARNETT, T Division. On December 27 I charged both prisoners with stealing and uttering the cheque. Dawes replied, I did give Mrs. Webster the cheque for £50 when I bought the chain, but I told her I did not want the money till she had cleared the cheque. I got the cheque from a man whose name I do not know and I believe he has gone to Australia." Truman said, "We are the two men who gave Mrs. Webster the two cheques and had the jewellery; we admit that at once, so you need not put us up for identification for that, but the other cases we know nothing about."
FREDERICK DAWES (prisoner, on oath). The first time I saw Mrs. Webster was on the day I presented the cheque for £50, but prior to that I called and was not able to see her. I said I received the cheque off a friend of mine who owed me £5 and he was a Colonial. I met him and asked him for the money. He pulled a stamped letter out of his pocket and brought out the cheque and gave it to me. He said, "Can you give me the change." I said no. He said, "Can you let me have a little bit on it?" I gave him £5. He said, "You can send me on the change." He gave me his card, the card I gave prosecutrix. It gave the address. The next day after I cashed Mrs. Webster's cheque I met him and gave him £40.
Cross-examined. I went to school with this friend. He then lived at Haverstock Hill. He went to Canada. I saw him again eleven years afterwards on his return last June at Brighton. I live at Camberwell. He never came there. My father never saw him. I do not know where he is now. He booked a passage to Australia. His name was Brooks when he went to school. The cheque was endorsed in the name of Snooks when he gave it to me; that was why I was so particular in telling prosecutrix I should not take anything away till I found the cheque was good. I did not think anything was wrong. I never had a banking account. What I told her was false about my father not liking me to know the man. I do not know why I did it. I may or not be telling falsehoods now; that has to be proved. It is untrue that I told prosecutrix my name was Brooks. I was not asked for any name I told her 1 did not want the cheque to go through my banking account so that my father should not see it because it came from a man he did not wish me to associate with.
Truman declined to give evidence.
Numerous convictions were proved against both prisoners.
Sentences: (each) Three years' penal servitude.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Monday, January 22.)
DRISCOLL, Daniel (28, porter) , robbery with violence upon Frederick Thomas Greenwood and stealing from him one key, five brass checks and certain money, his goods and moneys; assaulting Arnold Leslie; assaulting Thomas Tongue, a peace officer in the execution of his duty; stealing one watch, the goods of Charles Medwin, from his person.
Mr. H. W. Morrison prosecuted.
The indictment as to Greenwood was tried.
FREDERICK THOMAS GREENWOOD , 19, Coverdale Road, Shepherd's Bush, engineer. On December 4, 1911, at 11.30 to 11.45 p.m. I was walking with Leslie, a friend, along Garrick Street; as I passed the Garrick Club prisoner, with two other men, asked for a match; as I was finding one prisoner put his hand in my pocket, the others holding my arm; Leslie ran off for help. I lost £2 in gold, a little silver, five 'brass checks, a knife, and a key; my trousers were torn in the struggle. I was struck, prevented from working for a week, I had a tooth broken, my jaw punched, eye blacked, my head was badly damaged, and I was hurt in the back and ribs; I was down on the ground. An officer in plain clothes seized the prisoner; the other two got off. Prisoner had his hand in my pocket and I swung him round. He was taken to Bow Street; I charged him; he did not deny it. I did nothing to provoke any attack. I was walking along on the pavement when the affair started and I was in the middle of the road at the finish; I was dazed.
Cross-examined. The attack occupied four or five minutes. When the officer came up I was on the ground, prisoner on top of me. At the station I said I did not want to charge him. I did not went to lost my work. (To the Judge.) I was not drunk; I had had four or live glasses of beer in five hours.
ARNOLD LESLIE , 9, Orange Street, Haymarket, ladies' tailor. On December 4 I was walking with prosecutor along Garrick Street, when three fellows accosted him; thinking they were his friends I walked on. I heard prosecutor shout, turned, and saw him pushing prisoner away. I went to his help and was punched in the face. A plain clothes officer blew his whistle. Prisoner hit the officer in the jaw, another policeman came and they arrested prisoner. I saw prisoner strike prosecutor; he was rifling his pockets; I ran to the end of the street and met the plain clothes officer. I and prosecutor had had a couple of drinks—we were not drunk. I heard money fall on the ground. All three men attacked prosecutor. Prisoner did not deny the charge or give any reason for the assault. I had never seen him before.
Police-constalble THOMAS TONGUE, 226£. On December 4 at 11.40 p.m. I was on duty in Garrick Street in plain clothes, when I saw prisoner and two other men holding prosecutor against the wall, the prisoner searching his waistcoat pocket. Prosecutor struggled to
get away; prisoner struck him a heavy blow in the jaw with his fist, knocking him on his back in the roadway; then knelt on his chest, and put his hand in his right trouser pocket, tearing the trouser down to the knee; the contents of the pocket fell in the road; the other two picked up the money and other articles and ran off. I seized prisoner and said I was a police officer. He said, "Oh, are you? You have not got me yet." He became very violent and struck me in the stomach with his knee. That winded me for a short time, but I managed to blow my whistle for assistance. Prisoner then took a watch (produced) from his vest pocket and threw it in the roadway. Policeconstable 80 are arrived. I released prisoner's right arm for the other constable to hold when prisoner dealt me a heavy blow in the mouth with his right fist, cutting both my lips. He was taken to Bow Street and charged. He said, "What time did you say this happened?" I said, "About 11.40 p.m." He said, "Cannot you put it down as 12.25. Prosecutor and Leslie were perfectly sober. I saw it from the beginning just after the men accosted prosecutor and were pinning him against the wall.
Cross-examined. The affair took about a minute. Prosecutor was on the ground in the road with prisoner on top of him when I seized prisoner. The other constable saw nothing of the robbery. I was only able to arrest, one man.
Prisoner's statement before the magistrate. "I live at 9, Gray Street, Waterloo Road. I am a market porter. About 11.40 p.m. on December 4 I was walking along Garrick Street about to meet my wife, when the police officer rushed at me, held me up against the wall and said to prosecutor, "Is this one of them." Prosecutor said, "I believe it is." A police officer in uniform came up and I was taken to the station. At the station the witness Hawkins walked in and said he had found a watch and did not state where he had found it; allusion was then made that I had thrown it away, which I denied and do now deny. The plain clothes officer said he saw me drag prosecutor Greenwood from the pavement on to the road, throw him on his back, kneel on his chest, and rifle his pockets in Garrick Street. I asked him why he did not arrest me when he saw me do this. He said he was not sure as to what I was doing, although he now states he saw me do it.
DANIEL DBISCOLL (prisoner, on oath). About 11.40 on December 4 I had occasion to pass through Garrick Street on the way to meet my wire. While passing along Police-constable Tongue got hold of me and held me up against the wall saying to one of the prosecutors, "Is this one of them." He looked at me and said, "I believe it is." I became so indignant that I struggled. While struggling another constable came up. I was taken to the station and charged. I know nothing whatever absolutely about it. I have not come here to commit perjury, but I am absolutely innocent otherwise I would have pleaded guilty on the first onset.
Verdict, Guilty of robbery with violence.
Prisoner confessed to having been convicted at Bow Street on May 5, 1911, receiving three months' hard labour for stealing a suit of clothes. Nine other convictions, commencing September 25, 1896, including 6, 9, 12, 9, and 15 months' for larceny, burglary, etc., were proved. Stated to be a most dangerous criminal.
Sentence: Three years' penal servitude.
Mr. Holford Knight prosecuted; Mr. H. W. Nickham defended.
ERIC VICTOR KING , Downham, Norfolk, butcher and cattle dealer. On December 8, 1911, I came to London for the Cattle Show and to buy. I had about £40—two £10 notes, two £5 notes, and gold. About 8 p.m. I was leaving the show talking to another men about it, when prisoner joined in the conversation. He asked if I would like to look at the meat market. I, prisoner, and the other man went there and strolled round. They then proposed to show me Covent Garden Market and we hired a taxi. After driving for some time, for some reason we came back to the meat market. On the way I felt the prisoner's hand in my pocket and tapped at the window for the driver to stop; the other man shouted to the driver to go on—it was all right; he afterwards tried to prevent me tapping at the window, but I did so and the driver stopped; the two men went off. I then found my money had gone and told the driver. He said, "Get on the front of the car and we will get them if we can." We drove on, I caught the prisoner and gave him in custody. I paid the fare. I was absolutely sober. I was awake in the cab, but I felt a little dazed the latter part of the time.
Cross-examined. I am not certain about the time. I do not remember drinking anything except a glass of beer at dinner and lunch. The other man did not say he had saved me from some women. I did not go to see a fasting man at Islington and get into conversation with the prisoner there. I did not go to Smithfield to get a drink because the houses at Islington were closed. We did have a drink at the meat market. We did not go to the "Grapes" at Covent Garden to get more drink.
EDWARD HENRY FELLS , Hetherington Street, Walworth, taxicab driver. On December 8 at 3 a.m. I was at Smith-field Market, when prosecutor, prisoner, and another man asked me to drive them to the "Grapes" public-house at Covent Garden, which I did; they got out, found the public-house closed and we returned to the meat market. The man not in custody paid me. It was then about 3.20 a.m. I was asked to have a drink, which I did, and came out; they seemed sober to me. The third man followed me out and said he wanted me to drive to the "Nag's Head," Holloway. After waiting there about 20 minutes all three came out—prosecutor seemed a little dazed—they all got into the cab. The third man told me to drive steady as they did not want to get there before five o'clock. We got to the "Nag's Head" at about
4.30, when the third man told me to drive back to the meat market. On the way, there was a rap at the window; the third man said, "Go on taxi, it is all right." A little further on there was a harder rappinga; I looked round and saw prosecutor trying to get out. I pulled in to the kerb and they got out. The third man suggested the prosecutor should pay. Prosecutor refused. He then told me the two men had robbed him of every penny he had. The third man had then walked on, saying "You must pay," the prisoner remaining a yard or two off; he then walked away. I said to prosecutor," You had better get on the side of the cab; we drove towards St. Paul's Road, when we came across the prisoner, who turned to go back. Prosecutor jumped off, stopped him and cried "Stop thief." The police arrived and prisoner was arrested.
Cross-examined. It must have been within the hearing of the prisoner when prosecutor complained that he had been robbed.
Police-constable ALFRED GENDERS, 647 H. On the early morning of December 8 I was at the junction of Upper Street and St. Paul's Road, Islington, when I heard a shout "Stop thief," and saw prisoner running. I gave chase and caught him in Highbury Crescent. Prisoner said, "I am running after the other man." Prosecutor followed on, accused prisoner of stealing between £30 and £40 and gave him into custody. Prisoner said nothing whatever. At the station he said, "The other man works with me at the meat market." When charged he said,"£30—as much as that?" There was found on him a florin and a penny. Prosecutor was sober. He appeared to be in full possession of his faculties.
Cross-examined. Prisoner did not say, "The other man said he knew me as working at the meat market." I am certain of the words. I made a note on entering the station. Prisoner did not assert his innocence.
CHARLES DENNING (prisoner, on oath). I live at 39, Southampton Street, and am a slaughterman. I have worked for Frank Hammond for the past 12 years and have been in the trade all my life. On December 7 I left work at the Islington Cattle Market at 5 p.m., went home to tea, then to the "Three Johns" public-house, White Lion Street, and stayed there till 12.30. I heard about the fasting man, that his 40 days was nearly up, and went to see him in Upper Street. I there met prosecutor with an old man; we got into conversation about the Cattle Show. I said I had been at the meat market. The old man said," Can we get a drink at the meat market?" I said I thought they could after 2 a.m. and agreed to go with them—they took a horse cab; the old man paid the driver 1s. 6d. We found the public-house did not open till three—this was about 1.30—we walked round—we had coffee, prosecutor having two slices of bread and butter. The public-house was opened, we went in; they refused to serve the other two, but would serve me as I am known working there carrying beef. I said," Let them have one drink." We then had three drops of whisky and another three drops; then they refused to serve any more.
The old man then said, "Let us go to the 'Grapes' at Covent Garden"; we went in a taxicab, got out and found it was not open, as it was not market morning. They said, "Let us go back to the meat market"; we returned there and had three drinks; the cabman had a drink also. The older man paid the driver. Then they said, "Let us go to the 'Nag's Head,' they will be open at five." We drove to the "Nag's Head," found it was shut up and were returning to the meat market. On the way prosecutor and the old man disputed about the fare. The old man said, "It is your turn to pay the cab." I said I had not enough. "I am going to get out if you start bullying" and knocked at the window; we all got out, prosecutor and the other man disputed about who was going to pay; the old man said, "I am not going to pay any more. You pay," and walked away. I said, "I have not enough to pay. I must go after him and see what he is going to do." I never saw prosecutor show any money. I had got as far as Highbury Crescent, when up rushed the taxicab with the prosecutor saying, "That other man has robbed me. I have got no money." I turned to see if I could see the man when I met the constable. He said, "Who is the other man? Do you know him?" I said, "He fancies he knows me at the meat market." I do not work at the meat market now. The other man had said, "I fancy I know you at the market." (To the Judge.) Prosecutor was under the influence of drink when I first met him. I had had a drop, but I was sober, (To Mr. Wickham.) Prosecutor said nothing about being robbed when we got out of the cab.
S. DE KINO, landlord "Three Johns," corroborated.
Verdict, Not Guilty.
BEFORE JUDGE RENTOUL.
(Tuesday, January 23.)
RIEGER, Arthur (33, canvasser) , obtaining by false pretences from Emily Luscombe the several sums of 2s. 6d., 4s., and 2s. 6d. with intent to defraud; obtaining by false pretences from George Henry Cohen the several sums of 2s. 6d., 1s. 6d., and 2s. 6d. with intent to defraud.
Mr. H. C. Bickmore prosecuted.
ARTHUR BAINES WALLER , 89, Aldersgate Street, E.C. In the fall of last year we were entering into the Christmas card trade. We advertised for agents. Sample books are supplied free of charge except in the case of postal applicants when we expect them to pay 6d. to defray cost of carriage on the book. The prices are those paid by the customers on which we allow the agent 33 1-3 per cent, commission. We expect the agent to pay two-thirds of the marked price when he places the order. They are not allowed to appoint sub-agents. I do not
know prisoner. Mrs. Luscombe ordered £1 worth of cards on November 13 and 14, transmitting 13s. 6d. She wrote to us and we replied asking how she became our agent. She called to see me. We did not authorise prisoner to appoint her our agent.
DOROTHY BARNES , assistant to Waller and Co., 89, Aldersgate Street. It was my duty to see applicants for agencies and to keep the record and give them order and sample books. Book 1771 was issued to A. Regan, 33, Hornsey Road, book 1,792 was issued to E. Cole, 2, Stibbington Street, Somers Town. Exhibits 4 and 5 are order forms issued with 1,799; that was issued to E. King, 10, Cochrane Street, St. John's Wood. Mrs. Luscombe sent orders out of book 1,799.
EMILY LUSCOMBE , 132a, Camden Road. On October 24 prisoner came to my shop and asked if I would like to have some Christmas cards. I said I could not afford them. He then asked if I would like to become an agent and sell them. Subsequently I said my boy and I had decided we would. He said, "You will have to pay 2s. 6d. deposit on this book." 1,792 is the one he gave me. I paid him 2s. 6d. He said I was to keep it till December 21, when he would give me the 2s. 6d. back. He has not returned it. I took two orders for 3s. 9d. and 2s. 3d. on November 14, which I gave to prisoner with the money, less the discount. I received no cards in execution of that order. This is the receipt he gave me. On November 16 he came again. I gave him another order and 2s. 6d.
Cross-examined by prisoner. After you were arrested I saw you first at Clerkenwell in the dock. I did not pick you out from a number of men. (To the Judge.) I knew him. He called 10 or 12 times.
GEORGE HENRY COHEN , metal merchant, 1, Denmark Road, Kilburn. Prisoner called on me on October 27. He brought me this book on his second visit. I ordered some cards and paid him 2s. and gave him another order from my sister on which I paid him 6d. deposit. He gave me receipts which I saw him write. He did not say what his name was. They are signed "A. R." I believed his statements as to his connection with Waller and Co. I have not received delivery of any cards or received any money back from prisoner or Messrs. Waller. I communicated with Waller's, thinking it right they should know there was a man going about swindling.
To prisoner. I am positive you are the man.
Police-constable FRED KIMBER, Y. On December 29 I arrested prisoner at 7, Queensland Road, Holloway. I said, "I hold a warrant for the arrest of a man for obtaining 6s. from Mrs. Luscombe, at 132a, Camden Road; you answer the description and I have reason to believe you are the man. He replied, "All right." I read the warrant to him and he said, "Oh, it is only for 6s., but that would not carry me over Christmas. When charged he made no reply. I found upon him a list of about 45 addresses. I have since made inquiries at some of those and find they are where prisoner has been for the past three years addressing begging letters. On January 6 I told him we should prefer an indictment for obtaining three sums of money from Mr. Cohen, 1, Denmark Road. He said, "But they
cannot real with me for that at this court." I asked him where he was born. He said Vienna, and that he came to England 18 years ago, and had been working for various firms as canvasser during that time. He said his last place of abode in Vienna was Rosen-strasse, that he was employed there as a clerk, but the firm had broken up. I have made inquiries at Stibbington Street and find no person named Cole has resided there for some years past. There is nobody named Regan living at Hornsey Road, Holloway. The lady at 10, Cochrane Street, was subpœnaed to come here, but she is under the doctor and unable to leave home.
To Prisoner. When I arrested you I mentioned two amounts of 6s. Prisoner declined to give evidence.
Prisoner confessed to a previous conviction. Other convictions were proved.
Sentence: Two months' hard labour; recommended for expulsion under the Aliens Act.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 12.)
Mr. C. W. Kent prosecuted; Mr. Curtis Bennett and Mr. Hutchison defended.
JOHN IEVING , 480, Woolwich Road, Charlton, Kent. I replied to an advertisement in the "Daily Chronicle" of March 16, "Man wanted for country job, 30s. a week, must invest £20 returnable, trade taught. Apply Builder, 24, Dunmow Road, Stratford." I got into communication with prisoner; he told me he was building bungalows on his own land at Pitsea and that he was a builder and metal dealer. We came to an agreement I should receive 25s. a week instead of 30s. I handed him £20; that was to learn the trade of builder and metal dealer. An agreement was drawn up which I signed before I paid the money. I took my family and furniture to Pitsea. There was no building business being carried on. There was a shed and some old timber he told me had been used for a shed. There was a lad to run errands, not regularly employed by prisoner. I did not learn the building trade. I dug a well, next week I dug a trench. At the end of the week I was paid £1. After that I sifted ashes and collected 14 1/2 cwts of old provision tins from shops and on the roads. I did that, for about a month. I did not get 25s. a week during that time. One day we had some words about a pony. When I went back after dinner prisoner was not there. He did not return for a week. I then
asked him what he intended doing. He said I could do what I liked about it. I asked him for my money back. I have not had it.
Cross-examined. I entered with prisoner into a partnership. I said at the police court I understood I was the only partner. I went down to Pitsea first of all to see the place, when prisoner told me he intended to build bungalows upon two plots of land. Upon one of the plots was a shed. He said he intended to erect a workshop to carry on the business of stripping solder from tins. I do not know that a very large amount of money is made out of that business. This took place before I parted with my money. He represented in his advertisement that he was a builder. I would not have parted with my money unless it was returnable on my giving him three months' notice. I thought he was a builder from what I saw in the advertisement. I naturally thought he was going to build at Pitsea. I thought my £ 20 was safe in his hands. He said he bought the pony and trap out of my money. I do not remember him saying that. I came to the conclusion he was buying it out of my money. A pony was bought. Collecting old tins is not mentioned in the agreement. He told me he was going to teach me this work that was in the advertisement, but he learnt me nothing. My youngest child can collect tins. I had a disagreement with him about my taking the tins to London because of the condition of the pony. I considered it was not fit for the work. I considered the pony was all mine. I did not consider the plots of land mine.
Sergeant JOHN MARSHALL, N Division. I arrested prisoner on November 24 at Binericay police-station. I read the warrant to him, and he said, "That has got to be proved." On the way to West Ham he said, "I cannot for the life of me see where it comes in as a criminal matter. I thought a civil action would do. He served me a very nasty trick in leaving me the way he did, and no doubt I have kept him longer than I should have done for his money. I can easily get it for him. We were to go into partnership and he was going to have half the profits, and after a time we should get on all right together and get a good living. If I had done anything wrong don't you think I could have got away? I have had since June to sell up and clear out. There is £ 70 worth of stuff down at Pitsea now." When charged he said, "I understand."
(Saturday, January 13.)
Judge LUMLEY SMITH held that the case put forward by the prosecution was too vague, and directed the jury to return a verdict of not guilty. Prisoner was further indicted that, having been entrusted with certain property—to wit, the sum of £20—the moneys of Donald Thomas Waldron, he unlawfully did fraudulently convert the same to his own use and benefit; (second count) unlawfully obtaining from the said Donald Thomas Waldron the sum of £20 by false pretences with intent to defraud.
DONALD THOMAS ALDRON , 3, Courtnay Road, Walthamstow. I got into communication with prisoner by answering an advertisement in the "Daily Chronicle" of September 17, 1908. I saw him at Sugar-house Lane, Stratford. He said he wanted a young man to take control during his absence, to do all the tin cutting, look after the girls, to do the buying, and if anyone came for any stuff I was to sell it. There were three girls cleaning old beef and other tins. He showed me round the place. He had a motor saw-bench, a machine for rolling out the tins flat, and a pony and cart. He told me he had a ninety-nine years' lease and was going to start making tin toys, lamps, and that kind of thing. We entered into an agreement. My wages were to be 30s. a week, and I paid him £ 20 as security. He paid me 30s. a week for six weeks, then he told me he could only give me 25s. I agreed to that on the understanding that I had two half-days off for the other 5s. He said he would return my £ 20 if I would wait till he sold his house in Farrant Street.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 16.)
BEGG, Alexander Lawrence (32, accountant) . Having been entrusted by Alfred Edward George Ennis with certain property, to wit, the sum of 5s. in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Having been entrusted by the said A. E. G. Ennis with certain property, to wit, the sum of 2s. 6d. in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit, the sums of 3s. 6d., 2s. 6d., 2s. 6d., 2s. 6d., and 1s. 6d. from Nellie Reynolds for and on account of George Farr unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit, the sums of 5s. and 5s. from Michael John Farrell for and on account of George Farr unlawfully did fraudulently convert the same to his own use and benefit. Having been entrusted by the said G. Farr with certain property, to wit, the sums of 4s. and 3s. in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Obtaining by false pretences from George Freeman 5s., with intent to defraud. Having been entrusted with certain property, to wit, the sum of 1s. in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Obtaining by false pretences from Albert Pearce 5s., with intent to defraud. Having been entrusted by the said A. Pearce with certain property, to wit,£ 1 7s., in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit, the several sums of £ 2 from Edward James Barker, £1 from James Peerless and £1 10s. from James William smith for and on account of the said A. Pearce unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit, the several sums of £2, £2, £1 and £1 from Thomas Harvey Cooper for and on account of Albert Norman Mitten unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit the sum of £1 from the said T. H. Cooper for and on account of the said A. N. Mitten unlawfully did fraudulently convert the same to his own use and benefit.Having been entrusted by the said T. H. Cooper with certain property, to wit, the sum of £2, in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Having been entrusted by the said T.H. Cooper with certain property, to wit, the sum of £2, in order that he might apply the same for a certain purpose unlawfully did fraudulently convert the same to his own use and benefit. Having received certain property, to wit, the several sums of £1, 10s., 10s., 10s., 7s., 7s. 6d., 2s. 6d. and 3s. from Arthur Frederick Shiell for and on account of the said T. H. Cooper unlawfully did fraudulently convert the lame to his own use and benefit. Obtaining by false pretences from the said A. N. Mitten 5s. with intent to defraud.
Prisoner pleaded guilty on the indictment with regard to Pearce, which plea was accepted by the prosecution, the other charges remaining on the file of the court.
Prisoner was stated to be of good character. Sentence (the other charges being taken into consideration at the request of the prisoner) Nine months' hard labour.
Prisoner was stated to have been of good character and to have lived with the prosecutrix before marriage.
Sentence: One week's imprisonment.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 11.)
Sentence: Eighteen months' hard labour.
Note.—It is wrongly stated on page 304 that prisoner pleaded guilty to another indictment of burglary; this indictment remains on the file of the court.
BEFORE THE COMMON ERJEANT.
(Tuesday, January 16.)
Mr. Bohn prosecuted.
ELSIE ROGERS , domestic servant, 2, Kitson Villas, Barnes. On November 15 prisoner called at the back door and wanted me to buy a watch from him. I refused, saying I had one which was, however, oat of repair He then offered to repair it for 2s. 6d., and I handed it over to him on those conditions. On November 18 another man called, and in consequence of what he told me I wrote to prisoner at "116, Cumberland Road, Hanwell," which was the address prisoner had given me, and asked him to return the watch to me in the same state as when he took it or I should take further proceedings. I then received letter, postmarked December 14: "116, Cumberland Road, Hanwell.—Miss Rogers,—Yours to hand. Shall be in the neighbourhood during the week and will answer your letter personally.—Yours very truly, O. Leader." I afterwards received a postcard in an envelope: "Miss Rogers,—Have your watch; was not in time to bring it over last week as promised. I am going to get it one way or the other Thursday or Friday, and 2s. 6d. will be the charge as arranged, and 9d. extra for wrist-strap. never sent anyone to say it would be 2s. 6d. You told me there was no hurry till the 9th, hence the delay. Write and let me know if this will do and the beat time to bring it over. On receipt of cash I will forward same.—Yours very truly, Charles Leader." The postmark on that was December 11. The other man then called again. I afterwards went to Barnes Police-court and charged the prisoner with stealing my watch. He made no reply. On December 27 I went to William Thomson, 165, High Road, Chiswick, pawnbroker, and saw my watch. (To the court.) The value of the watch was 10s. 6d.
Detective CHARLES WALKER, V Division. I visited the last witness at 2, Kitson Villas on December 14, had a conversation with her, and in consequence I saw the prisoner in custody at Paddington Police station at 3.30 p.m. on December 15. I told him I was a police-officer and should take him back to Barnes Police Station, where he would be charged with the larceny of a lady's silver watch. He said, "All right. I do not know where the watch is; I have mislaid it. I will get it for her as soon as I can." At Barnes Police Station he was charged, but made no reply. At Mortlake Petty Sessions, at about 11 a.m., after he had been remanded, He voluntarily told me: "Mr. Walker, I want to make a clean sheet of it. I am guilty. I pawned it in the High Road, Chiswick, for 2s. 6d. about two or three weeks ago. I pawned it in the name of Leader or Roberts." I then made inquiries of pawnbrokers in that street, but was not able to find the watch. On December 20, at about 9.45 a.m., at Mortlake Petty Sessions, before he appeared before the justices, he said, "Have you been to see my
wife?" I told him I had, but had been unable to see her. He said, "Have you got that watch?" I replied, "No," and he then asked me for a piece of paper to write a letter. I gave it him, and he afterwards handed it back to me. "Dear F.,—Kindly find that ticket for watch of Miss Rogers I had to repair. I pawned it for 2s. 6d. I was short of cash and warned the money for a few days, and Jago, to do me a kindness, went and informed the police. Now do your best to find it. I want to have this settled up." Addressed to "116, Cumberland Road." I went there and handed the letter to prisoner's wife and she handed me pawnticket (produced). I then took Elsie Rogers to the pawnshop and she identified the watch.
HORACE LEA , assistant to—Thomson, pawnbroker, High Road, Chiswick. The ticket (produced) is one of our pawntickets which relates to a silver watch pawned by John Leader, 10, High Road, Chiswick, for 2s. 6d. On September 27 Rogers and Walker called, and Rogers identified the watch.
CHARLES LEADER (prisoner, not on oath). I agreed to get prosecutrix's watch repaired for her for 2s. 6d. or 2s. 9d. and 9d. extra for a wrist-strap, and she told me not to bring it back for a month as she would not be able to pay for it. My intentions were quite honest or else I should not have given her my address. I pawned the watch because I was hard-up.
Prisoner was proved to have been convicted at Oxford City Police Court on August 13, 1907, receiving one month's hard labour, for obtaining a watch by false pretences. Sentence: Four months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 17.)
SMITH, Henry (25, agent) . Obtaining by false pretences from John Thomas Towell £8, from Annie Thompson the sums of £3 and £19, and from George Hilliard a certain valuable security, to wit, a twelve months' agreement of a certain shop and premises, in each case with intent to defraud.
Mr. J. Wells Thatcher prosecuted; Mr. St. John McDonald and Mr. R. B. Dalley defended.
Mr. McDonald submitted that the prosecution should be put to election to try one particular count, as the various charges were quite different.
The Common Serjeant: There is no reason why the three counts should not be tried together, which is the usual practice; they are all misdemeanours of the same character.
"Daily Chronicle": "Man wanted to manage general stores. Salary and good commission. Live on premises, rent free, experience not necessary; wife could manage. Small cash security required. Cash, 51, Quick’s Road, Wimbledon," and received reply (produced): "Henry Smith and Co., late Harvey, grocers and provision dealers, best dairy produce at lowest prices. Supply Stores, Wimibledon. Dear Sir,—Your letter to hand replying to advertisement for man and wife to manage general stores. I could see you at 51, Quicks Road, Wimibledon, which is near the shop, any time to-morrow (Tuesday) up to 7 p.m. if you will wire me there saying time you will call, and no doubt we might come to some arrangement. Yours truly, H. Smith." I wired and I and my wife saw prisoner between 3 and 4 p.m. on December 5, the next day. I told him I had been a dairy roundsman, but had left on the previous Saturday through change of hands. He said the shop was a general supply and provision stores, the last man that had it gave something like £200 for it, but through his intemperate habits the trade went down. I was to be paid 10s. a week, 7 1/2 per cent. on all gross takings, rent and gas free. I gave him the address of my last employer as a reference, and showed him a letter of reference from a former employer. He said that was very good, and he did not think it would be necessary to write to my last employer. He said the shop ought to take from £30 to £40 a week, although it had only been taking from £10 to £12. He said the shop was 116, Haydons Road, Wimbledon, and asked for £25 as deposit. I said I had only £10; he said that would do; and I paid him on December 6. I paid prisoner £10 and arranged to come in on Monday, December 11; he made out an agreement (produced), which we both signed, saying that he appointed me to manage lit), Haydons Road, Wimbledon, and the stock as a grocery and general stores, free of all outgoings and subject to the agreed terms, acknowledging the receipt of £10 as a security, which was to be paid back with 5 per cent. interest at the determination of the appointment; one month's notice in writing to be given on either side; to commence on December 18. He took us to the shop, which was closed, where we saw dummy packets of tea and tins of milk, but there was no furniture. Prisoner said he would have the shop cleaned out and stocked, but asked me to put off coming in until the following Friday so that he could distribute some bills round the neighbourhood stating the shop was under new management. I never saw any such bills. I then left, but as I did not hear any more from the prisoner I became uneasy and called on him on December 12; I happened to meet him near the shop. He asked what I was doing there; I said I was having a walk round and I wanted to measure the floor for some linoleum. Prisoner said he wanted to speak to me, and at his request I went to 51, Quicks Road. He told me he had got my former employer's reference, and thought I was capable of managing a better shop; with my references he need not keep my £10, and if I brought back the agreement he would return my money; he had got a larger shop which he thought would suit me better. The next day I handed prisoner the agreement. He said as he had
forgotten to go to the bank he could only pay me £2, but would give me an I.O.U. for the other £8, and pay the £8 the next day. He then struck out the address of the shop from the agreement and the clause about the £10, paid me £2, wrote an I.O.U. for £8 on the back of the agreement, and said that he would keep the agreement, as being altered it was useless; he would make out a new one and send it to me on the following Thursday. Hearing nothing from him on Thursday, I called on Friday with my wife. We waited for him for some time, and then he came in and asked us to wait a quarter of an hour or twenty minutes, as he had some other business to do. He then came back with a lady and gentleman and asked us to go for a walk whilst he was doing business with them. We went out and when we came back in half an hour's time we saw prisoner leaving the house. I told him we wanted to go into the shop because new tenants were coming into our house on Saturday. He said, "Dear, dear, that is awkward, "But he would send me a special wire toy five o'clock stating what to do. He said nothing about the deposit. That night, in consequence of information received, I went to the police. When I paid prisoner the £10 deposit I believed his statement, or I should not have parted with my money.
Cross-examined. I wanted to get a job, and I should have parted with my money just the same if he had said the takings were only £10 a week. I paid the £10 simply as security for the stock. At the police-court I was shown invoices for goods to the value of £3 8s. 9d. I could not judge whether there were goods to the value of about £4 or £5. I had every opportunity of familiarising myself with the contents of the agreement. Prisoner told me he would stock the shop. I saw a Mr. Frederick Low in company with prisoner. Prisoner told me that he had heard that the business had paid £10 to £12, and could be made to pay from £40 to £50. I did not ask prisoner to return my £10; he volunteered to return it. On the second occasion I looked through the window of the shop and saw stock there.
GEORGE HILLIARD , 108, Haydons Road. I am the landlord of 116, Haydons Road, which was occupied by Harvey, who ran a fair grocery and provision business until he left last August. The shop was empty for six weeks until prisoner saw me about it. He gave the address of 51, Bramfield Road, Clapham Junction; told me he wanted it for a grocer's shop. I told him the shop had never been closed before, and had always done a fair trade. Prisoner said he was a commercial traveller employed by Peacorns, provision merchants. I told him the rent would be £30 a year, payable monthly, which he said would suit him. He said he had a trade at Clapham Junction. I asked for references; he told me not to write to his employers as they objected to their travellers starting in business on their own, and gave me two references which I found satisfactory, and I prepared an agreement letting him have the shop at a rent of £2 10s. a month; he took possession just before November 1. As he did not open the shop I wrote to him on November 13, and received letter (produced) saying that a slight illness had prevented him from doing so, and that he was staying for a few days at 55, Beaconsfield Road, St. Margarets.
As he did not pay the rent due on December 1 I wrote to him twice for it, the second time demanding the key back. The next day he gave me 30s. which I agreed to take in part payment of the month's rent. Harvey was a man of good character.
Detective-constable CONSTANTINE WOODS, V Division. On December 16, at 12.30 p.m., I saw the prisoner in the saloon of the "British Queen" public-house in Haydons Road. I. called him outside and said, "I believe your name is Henry Smith?" He replied, "Yes." I said, "I am a police officer and have a warrant for your arrest for obtaining £8 from John Thomas Towell on the 6th." He said, "I never thought it would come to this; what is the false pretence?" I stated the facts of the charge with regard to Towell. Prisoner said, "Can't I pay him the money back? I have got a little stock in the shop." I then took him to 51, Quicks Road, where I found in the sitting room a lot of correspondence and billheads (produced) printed in the name of Stanley and Co., estate agents, and Henry Smith, 116, Haydons Road, provision merchant. On the way to the station prisoner said, "Cannot I pay it back, it is not my fault; a lot of people put me on to this. I gave Towell back £2." At the station charged him, searched him, and found on him £6 6s. 4 1/2 d. and business cards in the name of Stanley and Co., late Lloyds, auctioneers, valuers, estate agents; local office, 51, Quicks Road, Wimbledon; Raymond and Co.; Raymond and Cooper; Leslie and Co.; Lewis Brothers; and Stevens and Co. I afterwards went with the prisoner and took an inventory (produced) of the stock at 116, Haydons Road, which I valued at £2 18s.
Cross-examined. I do not profess to be a valuer.
ANNIE THOMPSON , 13, New Terrace, Hampton Wick, wife of Walter John Thompson. On September 6 I saw an advertisement in the "Daily Chronicle" offering a confectionery and tobacconist shop, The Bonbon, 13, New Terrace, High Street, Hampton Wick, at a rent of 11s. 6d. a week and to sell stock and utensils at £25. I saw prisoner at 13, New Terrace; he said he was giving up the business on account of his wife's illness, and that he had been there since the previous Christmas. I went over the premises. I also saw prisoner's wife there. I came back that evening with my husband and we saw Low and Mrs. Smith; prisoner was not there. On September 7 we saw prisoner; he said the business had been previously making 30s. to £2 a week profit, which could be increased to £2 10s.; and that there was £10 worth of stock in the shop. We agreed to pay £20 cash and £7,108. by instalments and paid a deposit of £3, for which he gave receipt (produced), agreed that we should take possession on Tuesday, December 12, and have a day's trial on December 11. I called there on December 11; prisoner said I could not take possession as his wife was very ill, and told me to come on the following Thursday. On Friday, December 15, I came to take possession, but found that prisoner had not moved anything; he then asked me to go for a walk, which I did, met my husband, and returned half an hour after. I saw prisoner's wife carried downstairs and taken away in a brougham by Low, while prisoner stayed behind. Prisoner then asked me to pay
£23 cash instead of £20 cash and £7 10s. in instalments, but I refused, telling him I wanted to keep some money for stock. Prisoner said there was no need of that as there was £10 worth of stock there. I then asked to see the landlord; prisoner said there was no need as he had a perfect right to let the premises to whom he liked as he held a three years' agreement. I then proposed to deduct part of his quarter's rent from the purchase money; he said he would settle with the landlord himself. He then agreed to take £19 cash, the £3 deposit, and £1 I was to pay him next day, when he would bring the agreement. After prisoner had gone we went over the stock and found only 5s. worth of cigarettes, two 1 oz. packets of tobacco, 10s. worth of chocolates, and 6 1b. of sweets, not fit to be eaten; what we had thought stock was only dummies. I have since worked the shop—the average takings have been 2s. 6d. a day. I had to pay the whole quarter's rent, although I had only been in possession a fortnight. If I had known what I know now I should not have parted with my money.
Cross-examined. My solicitors wrote to prisoner, and he replied enclosing agreement and apologising for not having given it to me before. He also stated that he had had his landlord's verbal permission to underlet to me, and that I, in paying £23 instead of £27 10s., had agreed to pay the whole quarter's rent. On September 7 I spent an hour with prisoner in the back-parlour of the shop settling business matters, and in conversation he pointed to the stock. I did not complain to the police—they came to me. On October 3 my solicitors wrote to prisoner; their only ground of complaint was that the landlord's consent had not been obtained to the subletting—they said nothing about my being deceived about the stock. I told my solicitors about the stock. 13, New Terrace, is a new shop. When we called on the second occasion and found prisoner out we did not discuss the shop with Low or Mrs. Smith. The fittings in the shop consisted of a counter, a pair of scales, worth about 8s., one weight, and a board in the window. Before paying prisoner any money my husband went over the premises. After we went in Smith and Low offered to sell the shop for us.
WILLIAM TOLTON , 126, Minster Road, Teddington I am landlord of 13, New Terrace. On May 15 or 16 prisoner called on me, told me he was a commercial traveller, and asked about 13, New Terrace, which was being built, as he intended opening a newsagent and tobacco shop. I gave him particulars, and that night he wrote me letter (produced) giving as references "W. A. Lloyd 51, Quicks Road, Wimbledon," and "George Cooper, 37, Broad Street, Teddington." I wrote to those addresses and received satisfactory references. I then made a three years' agreement with prisoner, letting him the shop at a yearly rental of £30, payable quarterly; he was not to sub-let the shop without my written permission, but I could not refuse my consent to any respectable tenant. I never gave prisoner my consent to sub-let. At one time I heard he was advertising the shop, and I warned him not to sub-let without my consent. He never paid me any rent. The Thompsons came and saw me.
Cross-examined. I do not suggest that the Thompsons are not respectable tenants.
(Thursday, January 18.)
GEORGE HILLIARD , recalled. With regard to the letting of 116, Haydons Road, prisoner wrote down in my notebook (produced) as references "Leslie and Co., auctioneers, Station Yard, Twickenham," and "A. Raymond, Esq., 5, Fife Villas, Kingston." Prisoner said Leslie and Co. were his present landlords. I wrote to those addresses and received satisfactory references, on the strength of which I came to the conclusion that he was a good tenant. Next time I saw prisoner he said, "Have you heard from the references?" I said "Yes," and that they were satisfactory and that he could sign the agreement. That agreement cost me 5s. to prepare.
Cross-examined. That agreement is only of value to me.
Mrs. LOUISA MART PARKES, 52 A, Sidney Road, St. Margaret's. In March, 1911, I was manageress of the Crown Laundry, Crown Road, St. Margarets; my company opened a shop at 2, Station Yard, Twickenham, which we kept open for three months, and then put a bill in the window offering to sub-let it. Prisoner and another man asked about the shop, prisoner saying he wanted it as an estate agent. I said I would ask my employers, and told him the rent was 7s. 6d. a week. Prisoner gave me card (produced), "Raymond and Co., 5, Fife Villas, Kingston-on-Thames," and remarked, "Of course, we are very well known in Kingston." They gave as references, "Lloyd and Co., estate agents, 51, Quicks Road, Wimbledon," and "Low, Hampton Wick supply Stores, 14, New Terrace, Hampton Wick," and wrote that as the rent was only 7s. 6d. a week, they did not think it would be necessary to trouble their bankers for a reference, but that, if we required a local reference we might apply to Mr. Lawrence, of Lawrence and Sons, provision merchants, 8, Winchester Road, St. Margarets. Agreement (produced) was then drawn up by them and signed. They then opened the shop as "Wesley and Co., estate agents." They never paid any rent.
Cross-examined. Prisoner came in company with a Mr. Low, whom I have seen here to-day.
KATE MUSSELL , 15, Fife Villas, Kingston-on-Thames. I let lodgings at my father's house, the rent of which is 12s. a week. At the end of June prisoner and another young man called and said they wanted a room to write in, for people to call, and letters to be received. I let the sitting room at 3s. a week; they gave the name of Raymond. A large number of letters came until they left in November. They came nearly every day; ladies and gentlemen called on them; they were agents for shops. I did not know prisoner's name was Smith; I only knew him as a member of A. Raymond and Co. They paid me my rent.
Cross-examined. A short lady, whom I now know as Mrs. Low, also attended. Prisoner left five weeks before the others did, but he called about a month afterwards. I thought the lady was part of the firm because she also called for letters.
Detective-Sergeant JOHN GILLAW, V Division. I was present when prisoner was charged with obtaining a valuable security, namely, the agreement for 116, Haydons Road, by false pretences; he made no reply. In my opinion, receipt to Mrs. Thompson for £3, dated September 7, prisoner's agreement with Henry Tolton, letters from Raymond and Co. to the Crown Laundry of August 24 and 28, similar letter to Mrs. Parkes, and agreement with the Crown Laundry signed "A. Raymond," are the same handwriting.
Mr. MCDONALD submitted that there was not sufficient evidence to go to the jury on the first count, as prisoner was never given an opportunity of fulfilling his engagement. With regard to the second count, prisoner was not proved to have made any false pretence to Mrs. Thompson. With regard to the third count, there was no evidence at all to show that the references given to Hilliard were written by prisoner; he was quite honest in referring Hilliard to the firm of which he (prisoner) was a member. Further, the letting agreement was not a valuable security.
The Common Serjeant. The jury will have to say as to the first and second counts whether prisoner had made false pretences to Towell and Thompson; as to the third count, whether prisoner was not giving a false reference in referring Hilliard to addresses which he and another man occupied. There is plenty of evidence on all the counts to go to the jury.
HENRY SMITH (prisoner, on oath). What Hilliard says about my taking 116, Haydons Road and not opening it for a little time is quite correct. I took it with the intention of getting somebody to manage it for me and I advertised in the "Daily Chronicle." I did not tell Towell the shop was making from £10 to £12 a week and had done £40 to £50 a week. I told him that when I took the shop the landlord told me a very good business had been done there and the last occupier had paid a very good price for it. Towell agreed with me when he saw the shop that it was a rattling good speculation and ought to make easily from £10 to £12 a week when opened. I told him there was no stock in the shop, but promised to get the stock by Monday, December 18, when he was to come in. On December 6, directly after the agreement was signed, I took him across to the shop and we discussed what stock I should buy. I got him to pay £10 as security for the stock. My partner (Low) never told Towell in ray presence that the takings of the shop were from £10 to £12 a week. Low was present when the agreement was signed, so he knows all that took place between Towell and me. I had got the shop ready and nearly completely stocked for Towell to come in when I was arrested on Saturday, December 16. Towell knew and could see for himself all along that the shop was not
opened, but was going to be opened. At the police-court I produced invoices to the value of £3 9s. 8d. of stock which I had bought, but they were taken away by the police and have not been produced by them here. There were dummies in the shop when I took it; there generally are dummies in a shop of that kind. I promised to send bills round to advertise the shop, but I was arrested before I had an opportunity of doing so. I gave Towell £2 back and an I O U for the other £8, and told him I would pay him when I saw him next, before he moved in, but I did not see him. I said nothing about another shop; all our business was with regard to the Haydons Road shop. I never told Mrs. Thompson that I had had No. 13, New Terrace, since Christmas; it was obvious to anybody that the shop had not been built that time. I said we had not been there very long. I did not say I was giving up the business on account of my wife's illness—I have never been married—I said on account of my friend Mr. Low's wife's illness. Mrs. Low, who was very ill, was staying there. I may have told Mrs. Thompson that there was £10 worth of stock in the shop because there was more than that. The price was altered from £27 10s. to £23 on the understanding that she should pay the whole of the quarter's rent. I did not hear any complaint from her with regard to the stock until after I was arrested on another charge. We were making a gross profit of between 30s. and £2 a week there, but I said she might make £3 a week as the business had not been long started. Mrs. Thompson and I spent two hours making an inventory of the goods in the shop, and when she gave me the £3 deposit I gave her the inventory attached to the receipt. (Mrs. Thompson, recalled by Mr. McDonald, stated that this was not true; they had made out no inventory.) After the money had been paid I spent three hours serving and snowing Mrs. Thompson the things. Mr. Thompson said he was perfectly satisfied with the bargain, and he has never said he was not. About a week or two after I sold the shop I told Mrs. Thompson that I would not mind buying it back at any time, and I offered them £30, but Mr. Thompson said, "No; I will sell it for £40." They could easily sell that shop for £40 to-day. Tolton gave me power to transfer the lease. (The Common Serjeant: There is really nothing in this point: if the prisoner is not quite correct in law he was substantially allowed to sublet; the landlord could not refuse any respectable tenant.) When Mrs. Thompson paid me there was in the shop about £2 worth of chocolates, 25s. to 30s. worth of cigarettes and tobacco,£3 10s. to £4 worth of sundry sweets, 2s. to 3s. worth of minerals, about 10s. worth of stationery, counters and fittings which had cost me from £10 to £12, scales and weights about 14s. to 15s. That shop cost me more than Mrs. Thompson paid for it. I referred Hilliard to Leslie and Co. and A. Raymond and Co.; those were firms of which I was a partner. The reference which Hilliard received from Leslie and Co. was written by my partner, Mr. Low, while the letter from A. Raymond and Co. was written by Mrs. Low, who was also my partner. Both those firms carried on genuine estate agency businesses. I in no way influenced Mr. or Mrs. Low with regard to those letters of reference. I referred Hilliard to my partners because they knew me well. Documents which Detective-sergeant Gillaw has referred to were written by me.
Cross-examined. Two and a half years ago I started business for myself in my own name, and was successful at first, but in March, 1911, I closed that business, and had no capital at all. I was in debt—I can give this Court no idea to what extent—my creditors pressed me for payment. I did not tell Towell that the last occupier of 116, Haydons Road had been a drunkard. I did tell Hilliard I was a commercial traveller, but not that I was actually in the employment of Peacorn's or anybody else. There is a big firm of provision merchants of the name of Peacall's, but I did not even mention their names to Mr. Hilliard. Although I had had 116, Haydons Road since November 1 I never opened it. When Detective Woods arrested me I said, "There is the shop across the road. I have got it all ready and cleaned up for Towell to come in; I expect him to come in to-day; shall we come in and have a look?" I did not say, "Cannot I pay him back the money, "But I said, "I have got the money to pay him back and go on with this engagement also." I never said, "It is not all my fault, people have put me up to it." Mr. and Mrs. Low lived at 13, New Terrace, and carried on a general shop at 14, New Terrace, next door. I never paid any rent to Tolton because there was none due while I was there. "Leslie and Co." was Low and myself, "A. Raymond and Co." was myself and Mr. and Mrs. Low; there never was any such person as Arthur Raymond, although the letter of reference of October 24, which was written by Mrs. Low, is signed "A. Raymond," and although I gave the reference as "A. Raymond, Esq." At 5, Fife Villas, the office of A. Raymond and Co., there was no plate up. Among other legitimate business which we did there we sold the shop of a baker named Sanders, who, as far as I know, is a man of good reputation. In August I referred the Crown Laundry to "Lloyd and Co., 51, Quicks Road, Wimbledon"; I did not live there till five weeks ago; Lloyd is the father of Low.
(Friday, January 19.)
HENRY SMITH (prisoner, on oath). Further cross-examined. I gave Tolton the address of 35, Kelmscote Road, because I lived there with a Mrs. Winn, and I afterwards moved with her to 51, Bramfield •Road. In a letter dated December 4 to Towell the printed heading "Supply Stores, Wimbledon," is crossed through and altered to "116, Haydons Road." The "Supply Stores, Wimbledon," were at 116, Haydons Road. I also wrote from 37, Broad Street, Teddington. That was the address of G. W. Low—my partner, not my partner's father. I gave the reference of George Cooper, 37, Broad Street, because Low was trading as George Cooper and Co. At the time of my arrest I was living at 35, Richmond Road, Twickenham, with Mr. and Mrs. Low. I carried on business as Archibald Smith and Co., house agents, surveyors, and auctioneers, at 2, High Street, Sutton, and had a plate on the door. Mr. and Mrs. Low and myself also carried on business as Raymond and Cooper at 45, Queens Road; "Stanley and Co., late Lloyd, estate agents, valuers and
business transfer agents, local office, 51,Quicks Road, Wimbledon," was Low, junior, and myself; the "late Lloyd" referred to Low's father, who was the previous occupant of those premises. Mrs. Ampleford, of 119, Keslake Road, Kensal Rise, entered into negotiations with me for the purchase of 13, New Terrace, and her husband paid a deposit of £5 on condition that the deposit should be returned if the business was not satisfactory. I think I have paid her back the greater part of it; I have not heard of a County Court summons being issued against me for the remainder. I have given references for other people. Either I or my partner, Mr. Low, gave a reference for Lawrence and Co.
Re-examined. I carried on legitimate businesses in these different names. I left Button and went to 35, Kelmscote Road in May, where I stayed a week or a fortnight, and then moved with the landlady to 51. Bramfield Road. In June I went to 37, Broad Street and lived there until July, when I moved to 13, New Terrace, and was there till the middle of September, when I went back to 51, Bramfield Road. In the beginning of November I moved to 35, Richmond Road, Twickenham, where I stayed till I was arrested. I paid all rent that became due in all those places. (To the Judge.) After leaving Button I carried on business at 5, Fife Villas, Kingston, as Raymond and Co. from June to the beginning of October; from July until the middle of September I had the business at 13, New Terrace; at 2, Station Yard, Twickenham, from October to the end of December; and at 51, Quicks Road from the end of November till I was arrested. All those businesses were estate agencies.
Monday, January 22.)
GEORGE LOW , 81, Haydons Road, Wimbledon. I have been in partnership with prisoner under the style of Leslie and Co., of Twickenham; Raymond and Co., of Kingston; and the Stanley Company, of Kings Road, Wimbledon. I was present at interviews between prisoner and Towell; prisoner told Towell that the landlord had told him that the Wimbledon shop had taken £10 to £12 a week; to my knowledge, prisoner had previously made inquiries, and his statement was justified. There was a quantity of stock in the shop. Towell came and saw the place; there was no representation by prisoner that the business was then actually a going concern. I remember the "Bon-bon" at Hampton Wick; I lived there with prisoner and helped him, but the business" was his. I remember Mr. and Mrs. Thompson calling; my conversation was only with Mr. Thompson. I told him that the shop had been open since July, and that I thought the profits would be about 30s. or 35s. a week. When the Thompson's came in there was about £8 or £10 worth of stock in the shop. My wife was on the premises and she was ill; I never heard prisoner suggest that Mrs. Low was his wife. As to the premises, I received a letter from Hilliard, and in reply wrote Exhibit 22; I had no consultation with prisoner as to writing this letter. I was a member of Leslie and Co., and I believed I was entitled to write the letter. Prisoner was a partner of mine at the
time. Exhibit 23, signed "A. Raymond," is written by my wife. The firm of Raymond and Co. consisted of prisoner, myself, and my wife. I never wrote letters as "A. Raymond," always as "A. Raymond and Co." It was a clerical error of my wife's to sign "A. Raymond." The businesses I carried on in the name of these various firms were all bona fide.
Cross-examined. I have never lived at Quicks Road, Wimbledon. My father traded in a room at 51, Quicks Road, as Lloyd and Co., twelve months before prisoner and I went there. From May to July last I lived at 37, Broad Street, Teddington; prisoner stayed there a little while; I was trading there as Cooper and Co., there was no George Cooper. By a document produced I see that I have signed myself "George Cooper." I lived at the "Bon-bon" and had a business next door. I did not tell Mrs. Hubert that the latter business was taking £5 a week. She paid me for that business £15 in cash and gave a promissory note for £8, I promising to pay the quarter's rent; afterwards Mr. Hubert said he would pay the rent if I gave a receipt in full settlement, and this was done. I cannot say whether under similar circumstances Mrs. Thompson paid the rent of the "Bon-bon." My real name is George William Lowe. I have never gone under the name of Hilder. I took a shop in Merton; the previous tenant was Hilder, and his name remained on the facia. Last year I had a dairy business in Gorlesbury Road, Wandsworth; I sold it, with the stock, to a Mr. Desborough, for about £50. I did not sell the same business to Jacobs for £112; Jacobs paid me £30, but refused to complete; I never returned the deposit. I then agreed to sell the business to a Mr. Jones for £40; he paid a deposit of £10, and then declined to complete; I gave him back £2 of the deposit. In June last I took a business called the Hawkes Road Supply Stores, at Kingston. From that address I wrote the letter produced, dated August 30, 1911, saying, "I have known Mr. Raymond in business now for some years. I have always found him a keen business man and straightforward in all his dealings. His remittances have been prompt," etc., that is to W. Birch, Crown Laundry. There is no "Mr. Raymond," it ought to have been "Raymond and Co."; I suppose it must have meant myself. I can give no explanation. (Witness was cross-examined as to a large number of similar transactions.
To the jury. I first knew prisoner in Sutton about three years ago. I know that he left Sutton owing money.
HENRY WILLIAM LAWRENCE . I carry on business as a grocery and provision merchant at 85, Moyser Road, Streatham. I know prisoner. I went to 116, Haydons Road twice in the week before prisoner was arrested. The shop was nicely stocked with about £6 or £8 worth of sundry goods, and the place was all ready for the provisions to come in; the fittings would be worth about £15; prisoner told me he was about to open the shop. In August or September I visited prisoner at the "Bon-bon"; there seemed to be a very nice compact confectionery business; I should think the takings ought to have been about £7 a week. I had dealings with George Low and prisoner as "Raymond
and Co."; they sold for me a business at St. Margarets for £63 and I got the money.
Cross-examined. I have only had the shop, 85, Moyser Road, for about three weeks; it is not opened; I am about to open it. I gave the landlord references to Raymond and Co. and Leslie and Co. (This witness was also cross-examined as to a number of businesses which he had purported to sell, and as to various names under which he had traded.)
ALBERT BARRETT , canvasser for provisions, 786, Garrett Road, Tooting, was called to prove that he in October entered on a monthly tenancy of 116, Haydons Road, and that Hilliard made to him representations as to the takings, etc., similar to those which prisoner declared were made to him.
WILLIAM LOW . I trade under the name of Lloyd and Co. as business transfer agents. I have no connection with Raymond and Co. or Leslie and Co. From January to September, 1911, I had an office at 51, Quicks Road, Wimbledon. While there I was asked by Had well for a reference for Raymond and Co. and I gave one. I knew that Raymond and Co. consisted of the prisoner, my son and his wife.
ERNEST ALBERT ROGERS , firewood merchant and secondhand furniture dealer, Eden Street, Kingston, proved that prisoner had ordered from him quantities of firewood—which were delivered at 116, Haydons Road and at the "Bon-bon."
ALICE FENWICK . I was employed at the "Bon-bon" when it was opened and remained on for a time after Mrs. Thompson came in. There was a nice little stock in the shop. I took on an average from the beginning of August to the end of July 7s. a day, and when it was hot weather sometimes double. It is not true that the sweets were not lit to eat. I used to sell a good deal of tobacco every day; nobody in the shop went by the name of "Mrs. Smith"; there were a Mr. and Mrs. Low living on the premises; I did not hear prisoner tell Mrs. Thompson that they had gone into the shop since Christmas.
Cross-examined. I cannot say if a large wooden box was taken away by prisoner on the evening that Mrs. Thompson moved in; I was not there. I never saw it in the daytime. I never saw any furniture moved over the back wall into No. 13. The tweets left behind by prisoner were not to my knowledge all eaten by wasps. I never spoke to Mrs. Thompson at all.
Mr. MacDonald submitted (1) Prisoner having been embarrassed in his defence by the number of charges, the prosecution should elect on which charge to proceed; (2) the prosecution had not proved the pretence as laid in the indictment, because there was a material variance between the pretence as laid and as proved; and (3) the prosecution had not proved the falsity of the pretences made; mere exaggerations were not sufficient to support the indictment. He therefore asked that the case should be withdrawn from the jury.
The Common Serjeant overruled all the submissions.
January (1), 1912.
(Tuesday, January 23.)
Verdict, Guilty on 1st and 3rd counts (the cases of Towell and Hilliard); Not Guilty on 2nd count (the case of Armstrong). The jury strongly recommended prisoner to mercy on the ground that he was largely influenced by the two Lows.
Prisoner was stated to have been bankrup at Sutton with several hundred pounds liabilities and assets 9s., and to have absconded from his public examination.
Sentence: On the 1st count, three months' hard labour; on count 3, six months' hard labour; to run concurrently.