Vol. CLVII.] [Part 931
CENTRAL CRIMINAL COURT
HELD APRIL 23RD, 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, April 23rd, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CROSBY, M, D., LORD MAYOR of the said City of London; the Right Hon. LORD COLERIDGE and the Hon. Sir CHARLES MONTAGUE LUSH , two of the Justices of His Majesty's High Court; Sir HENRY E. KNIGHT , Kt.; Sir HORATIO DAVIES , K.C.M.G.; Sir JOHN POUND , Bart.; Sir GEORGE WYATT TRUSCOTT , Bart.; Sir CHAS. JOHNSTON , Kt.; Sir HORACE B. MARSHALL , Kt., 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; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Centra Criminal Court.
CENTRAL CRIMINAL COURT
CROSBY, MAYOR. SEVENTH SESSION.
BEFORE THE RECORDER.
(Tuesday, April 23.)
STEVENS, Richard James (35, postman) pleaded guilty , of stealing a postal packet containing two postal-orders for 10s. and 4s. 6d. respectively, and four penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Sentence: Nine months' hard labour.
MOORE, Hildebert (19, assistant postman) pleaded guilty , of stealing a postal packet containing a postal-order for £1, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been an assistant postman since last August at 14s. 6d. a week for five hours a day. He had admitted stealing 11 other postal-orders since November. He was stated to be the main support of his mother, with whom he lived.
Sentence postponed till next Session.
Prisoner had been employed by his uncle, a marine store dealer, but owing to the coal strike, he had been able to earn very little by this means, and had found great difficulty in supporting his mother and himself. Evidence was called on his behalf as to his respectable character. Only two cases of stealing postal packets were known against him.
Sentence: Four months' imprisonment, second division.
KINSETT, John (37, traveller), ETHERIDGE, Thomas (27, carman), and NEAL, Walter (34, carman) , breaking and entering the warehouse of John Richard Fielder and another, and stealing therein eight cigars, two fountain pens, and six pencils, their goods; Kinsett feloniously receiving ten blouses and one bag, the goods of Joseph Felix, well knowing them to have been stolen.
All prisoners pleaded guilty to the indictment relating to Fielder. Kinsett pleaded not guilty to the Felix indictment.
Neal confessed to a previous conviction of felony at the Clerkenwell Sessions on February 20, 1910. Kinsett had never been convicted before. Particulars of his different employments were given; he had
been en associate for some years of the other two prisoners. As to Etheridge, in 1906 he was convicted as a rogue and vagabond; two convictions in 1907 were proved, one for unlawful possession and one for loitering; he had been in the service of two railway companies, but had been discharged from both for keeping bad time. Neal's conviction was for warehouse breaking; he was sentenced to 18 months' hard labour.
Sentences: Kinsett, Six months' hard labour; Etheridge, Twelve months' hard labour; Neal, Eighteen months' hard labour.
CHANDLER, Frederick (38, acrobat) , feloniously wounding Frederick Harris with intent to do him grievous bodily harm; feloniously throwing corrosive fluid at and upon Frederick Harris with intent to disable him and to do him grievous bodily harm and applying to him a certain destructive substance, with intent to disable him; stealing one coat, the goods of Margaret Sohaack.
Mr. Hardy prosecuted.
The first indictment was proceeded with.
FREDERICK HARRIS , jeweller. On March 6 I received this letter, dated March 5 and signed "Fred Chandler," stating "Dear Harris.—I have just returned to town and want a stone, about 2 carats, white. If you can manage to call at my place at lunch time, about 12.30, I should be obliged. "I went to 9, Duchess Street, the address on the letter, and asked for Mr. Chandler; I had not known him before. I was shown upstairs and saw his wife. After about five minutes prisoner came in. He said, "You are not the man I meant, but anyhow, let me have a look at what you have got." I showed him some jewellery, and he selected about a dozen articles worth £199. There were two brooches; one had some stones missing, which he wanted replaced, and one he wanted made into another article of jewellery. He asked me to return at 3 p.m. and he would have the money, which had come from Sydney, ready. I returned at that time, and he said he had been to his bank and he expected a messenger from there with the money. I waited till five, and I said I would not wait any longer, and offered to go to the bank with him. I went with him to Oxford Street, where it was supposed to be; I think he said it was the London and Westminster. When he got to Oxford Street he said, "It is rather late now. If you will call at my flat to-morrow morning at 11 o'clock I will have the money waiting for you." On the next day, April 7, I called there at that time and saw his wife. Prisoner arrived about two or three minutes afterwards. I asked him if he had got the money from his bank, and he said, "Yes; everything was all right." He went into the bedroom. I was looking out of the dining-room window when I received a terrible smash on the head from the back. I tried to smash the window. He squirted ammonia in my face. He said to his wife, who was sitting down, "Run!"She ran out and he followed her. I collected my goods and gave chase. I had to give up, and got into a taxi and told the driver to drive to the nearest doctor. On arriving there the doctor said I was reeking with ammonia. I told him I had been assaulted, and he went for a policeman. A constable came when I was bathing my head, and I went with
him to Duchess Street, where I saw prisoner. He said to me, "Harris, you won't charge me, will you, after all these years I have known you?" I said, "I have never seen you in my life until yesterday for the first time." He said, "I am sorry. It was a sudden impulse.' He said nothing about my having assaulted his wife; she first time I heard the suggestion was at the station.
Cross-examined by prisoner. I am the son of Mr. Harris, jeweller, of Houndsditch. I did not see you in. Hatton Garden five months ago and offer you a pearl pin. I may have bought a pearl pin at that time. I bought one from Mr. Leicester. I did not meet you at the corner of Wardour Street four months ago and show you a diamond ring which I valued at £38 10s.; I did not have a ring weighing 3 1/2 carats at that time; I had one weighing 1 1/4 carats at £36 a carat. I have been to a Mr. Marks to buy a ring, but I did not go with you; I offered to buy a ring that was marked £60, and weighing about 2 1/2 carats. I tried to sell a Mr. Green a pearl pin; I offered one for £9 10s., and said I would give £9 Hack for it, but we did not do any business. I never met you the day before you wrote to me. You did not throw the ginger-beer bottle at me; you hit me with it. I was not sitting down at the time. Neither of you attempted to touch my bag containing the jewellery. I did not pick up the indiarubber bottle and throw it at you as you were going down the stairs. When I looked through the jewellery at the station everything was all right. I do not remember your saying to me afterwards, "You had better consider before you charge me." I told the doctor at the station that I felt all right and that I was only a bit shaken. I did not say at the police court that I was not sure if you had hit me. It was three days before I was able to go back to work. I did not tell your land-lord that you were a friend of mine.
THOMAS ROSE , divisional surgeon. At 12.15 p.m. on March 7 I examined the prosecutor. He was suffering from a contused wound on the right side of the head; it was H shaped. He also had a scratch on the right side of the nose, which might have been caused by the naii. His tongue and the inside of his lower lip were acutely inflamed, caused by some corrosive fluid. This ginger-beer bottle (produced) might have caused the wound on the head. The green bottle contains strong fluid of ammonia, and this syringe (Exhibit 3) smells very strongly of ammonia. I could smell it on the prosecutor.
To prisoner. I do not remember his saying, "I feel all right, but a bit upset." He has not been permanently injured. (To the Jury.) By experimenting I find the syringe can squirt as much as 18 ft.
Police-constable JOHN WELSBY, 439 D. On March 7 I saw prisoner running across Woburn Place: I gave chase and caught him. There was blood on his face and collar and he had no hat on. I asked him what he was running for, and he said, "I have had a row with a friend of mine, and I hit him with a bottle. I do not think I hurt him. I hope I have not hurt him as much as I think I have. "I asked him where it occurred, and he said, "At 9, Duchess Street." I accompanied him there. I asked the boy who came to the door where the man was that had been hit. and he said he had gone to the doctor. I sent another police constable to find where he had prone to, and I went
with prisoner to the first floor front room. Underneath a chair, behind the door, I found this ginger-beer bottle; there is a piece knocked off it. I said to him, "What's this?" and he said, "That's what I hit him with." I walked to the door, and noticed on the bend of the staircase this syringe. The boy brought it up at my request. I smelt it, and it was so strong that I turned my head away. Prisoner snatched it out of my hand and said, "That is liquid I use." He squirted the contents on the carpet; they smelt like ammonia. I took that from him. He said, "What would you do, constable, if he assaulted your wife?" I made no reply. Prosecutor then arrived, and said he would charge him. On the way to the station prisoner said, "I have lost a pocket-book with £200 in it." I told him to tell that to the inspector. A little way on he said, "Can I charge him with assaulting my wife as well?" I made no reply. At the station when charged he made no reply. He did not charge prosecutor with assaulting his wife, and so far as I am concerned he never gave any further information about the £200 that he said had been lost.
To prisoner. I do not remember you looking round when you were running and then stopping and walking towards me; you ran round a water-van to avoid me. I do not remember your saying when the syringe was found, "That is what Harris threw at me." I took down everything you said. When you squirted the ammonia out you never said anything about using it for clothes. The statements you made in the house I wrote down at the time; those you made on the way to the station I wrote down at the station before you were charged.
JACOB WILLIAM PEWY . I live at 9, Duchess Street, where I let lodgings. On March 4 prisoner came with his wife and took a sitting and bedroom at £2 5s. a week. He paid 10s. deposit. He brought no luggage; they said that would follow. Nothing came when they were there. On March 6 I saw prosecutor leaving the premises. I followed him.
To prisoner. I know nothing about the advertisement offering £40 reward for 5-mill notes lost near Duchess Street. I asked prosecutor if he was doing any business with you, and he said, "No; he is a friend of mine."
Detective-sergeant BEX. About 12 noon on March 7 I saw prisoner at the Tottenham Court Road Police Station. I asked him if he wished to give me any information about the loss of his money to enable me to try and trace it for him. He said, "I will give all the information to my solicitor." He had a solicitor representing him at the police court. I went to 9, Duchess Street, where, in his bedroom, I found this green bottle, containing a small quantity of ammonia, and this funnel, which is made to fit the syringe.
LIONEL GREEN jeweller, 36, Wardour Street. (To prisoner.) On December 29 you bought a wedding-ring from me. A week before I believe Mr. Harris called at my shop to look at single-stone ring. I believe he showed me a ring he had and some pearls. He offered a
customer in my shop a pearl weighing six grains for £9 10s., and offered to give £9 for it. I did no business with him. I believe you. were in the shop at the same time; you looked at the ring I was showing to Mr. Harris at the same time. I think he showed you a large stone as well. (To the Court.) I can only say that at that time Harris and prisoner were together; I cannot say if they came in together.
Cross-examined. I have been sentenced to 12 months' for receiving stolen property.
LEON SASSIENIE , working jeweller, 16, Hatton Garden. (To prisoner.) I have known you about 12 months. I have done several jobs for you; I have done two or three things to your design. I have seen you several times in Hatton Garden.
(Wednesday, April 24.)
NELLIE ROBERTS . I am the wife of the prisoner, whose name is Roberts. On the day of the assault prisoner opened a bottle of ginger-beer for me. He went out at about 11 a.m. Prosecutor called, and was showing me some jewellery when prisoner returned. As the door opened I was handing prosecutor back a hairpin when the prisoner attacked him. I did not see the assault, but became frightened and ran out of the room. On the previous Tuesday I bought prisoner threepennyworth of ammonia to clean some clothes; he said he had broken the bottle, and he put the ammonia in an indiarubber bottle, filling it with water. Prisoner is jealous and irritable.
Cross-examined. I was married to prisoner about four months ago. We then lived for a month in Tollington Square under the name of Ford; this was at my request. We then went to 9, Duchy Street in the name of Chandler. Prisoner told me he had lost a pocket-book containing £200, and that a £50 note had been taken from his coat. I do not know anything about it, or whether he has recovered it, or given information to the police. When prisoner struck prosecutor my head was turned; I heard prosecutor scream; I saw nothing at all. I simply rushed out of the room, out of the house, and into an empty house somewhere. I have stated all I remember.
FREDERICK CHANDLER (prisoner, not on oath), stated that, believing prosecutor was behaving improperly to his wife, he lost his temper, seized the ginger-beer bottle, and struck him on the head on the spur of the moment; that he made no attempt to throw ammonia, and that the smell was caused by its having been spilt in the room.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Prisoner confessed to having been sentenced at this court on September 7, 1909, to 15 months' hard labour for obtaining money by false pretences. Other convictions proved: South London Sessions, October 10, 1900, nine months for housebreaking; June 14, 1905, 15 months' for conspiracy to defraud.
Sentence: Five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 23.)
OLARK, James (48, stoker) pleaded guilty , guilty of feloniously possessing two moulds in and upon which was impressed the obverse and reverse sides of a shilling; unlawfully possessing counterfeit coin with intent to utter the same.
Nine previous convictions, commencing May 27, 1881, and including seven and five years' penal servitude for coining, were proved, prisoner having been last released on July 18, 1911, with a remanet of 280 day.
Sentence: Five years' penal servitude.
Three convictions were proved, including one with a sentence of 18 months' at Middlesex Sessions on March 6, 1909, for stealing jewellery.
Sentence: Eighteen months' hard labour.
Prisoner was tried upon this indictment at the last Session (see preceding volume, p. 766); he pleaded guilty, and was sentenced. He appealed against the conviction, on the ground that in pleading "Guilty" he had misunderstood the charge, and that there were informalities in the taking of his plea. The Court of Criminal Appeal (7 Cr. App. R., p. 217) allowed the appeal, directing prisoner to be put back to the present Session, and again called upon to plead.
Prisoner now pleaded Not Guilty.
Mr. Robert Wilkinson prosecuted.
Detective-sergeant CHARLES LEE, W Division. At 10.30 p.m. on February 20 I went to 20, Darley Road, Wandsworth, and saw prisoner's wife. In the front room first floor I found an iron spoon containing molten metal lying in the fender, a plaster of Paris mould of a King George sovereign, dated 1911, and two half-moulds on a cup-board, three bottles of Owbridge's lung tonic in the cupboard, a bottle of liquid gold gilt, and some boxes of gilding material (produced). I then saw prisoner at the Streatham Police Station, showed him the mould, and told him that the sovereign bearing the impression of King George and the other property was found at his address last night. He replied, "I have been trying to make medals." I did not find any medals at his house. On February 28, at the rear of the Southwestern Police Court, prisoner was charged with possessing this mould and with two cases of uttering a gilded shilling and a counterfeit sovereign; he made no reply. I was present when prisoner was picked out from nine other men by Dickinson. Flint gave me this
counterfeit sovereign (produced). Saunders handed me this gilded shilling (produced).
Cross-examined by prisoner. Your wife did not tell me that you were making medals; you told me you were trying to make medals. When charged you did not say it was a lie.
To prisoner. I never saw you making any coins; I was very surprised when this charge was made.
WILLIAM V. SAUNDERS , 57, Old Town Clapham, chemist On the evening of January 18 a woman called at my shop and made a communication, in consequence of which I despatched by my errand boy (Dickinson) a bottle of extract of cod-liver oil and malt and a bottle of Bovril, costing altogether 2s. 3d., and 17s. 9d. change, for a sovereign, and told him to go to Macaulay Road. A short time afterwards he came back and handed me this gilded shilling (produced). I sent him back again to Macaulay Road with a syphon of soda water. I afterwards handed the gilded shilling to the police.
To prisoner. I do not remember ever seeing you in my shop.
WILLIAM DICKINSON , errand boy to the last witness. In the evening of January 18 the last witness gave me a bottle of cod-liver oil and malt, and a bottle of Bovril, and 17s. 9d. to take to 6, Macaulay Road. When I had got to within a door of 6, Macaulay Road prisoner came up to me, and said, "Are you going to 6, Macaulay Road?" I said, "Yes" He said, "Give me the goods and the change." I did so, and he gave me what appeared to be a sovereign and told me to get a syphon of soda water. I went back to the shop and handed the coin to Mr. Saunders. I took a syphon of soda water to 6, Macaulay Road, but in consequence of what they told me I took it back again. On March 6 at the police court I picked prisoner out from among eight or nine other men as being the man to whom I had given the goods on January 18.
To prisoner. When I met you it was dark. When I picked you out I said I "thought" you were the man; I made sure afterwards. (To the Judge.) I am now sure he is the man.
FREDERICK WILLIAMS , 6, Macaulay Road, Clapham. Neither I nor anybody in my house ever ordered any Bovril or cod-liver oil and malt from Mr. Saunders' shop. Nobody but myself and family live at 6, Macaulay Road.
CHARLES FLINT , 264, Brown Hill Road, Catford, chemist, trading as "The Amorax Manufacturing Company." At about 6.30 p.m. on February 16 prisoner came into my shop; in consequence of what he said I gave my errand boy (Newey) a bottle of Bovril and a bottle of Owbridge's lung tonic, and 18s. 2d. I wrote the address on the wrapper on this bottle of lung tonic (produced). When Newey came back he handed me this coin (produced).
To prisoner. When you were put up for identification among a number of other men at the police court I picked out another man; he was stout but taller than you. (To the Judge.) I was flurried at the
moment; directly after when I saw him before the magistrate I was sure that prisoner was the man who came to my shop.
CHARLES NEWEY , errand boy to the last witness. On February 16 Mr. Flint gave me a bottle of Bovril, 18s. 2d., and a bottle of lung tonic, on the label of which was written "104, Ardgowan Road." When I had got within ten doors of 104, Ardgowan Road, a man, whom I cannot properly identify, came up to me and said, "Have you got the goods?" I said, "Yes." He said, "Could you run back and get a syphon of soda?" I said, "We have not got any syphons; we have sold out, we have some pint bottles of soda." He said, "That will do—run back." As I was going he said, "Give me the change for the sovereign." I gave him the 18s. 2d., and he gave me a coin which looked like a sovereign (produced), which I gave to Mr. Flint. We were half way between two lampposts when I met prisoner.
To prisoner. I could not pick you out.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The mould (produced) is suitable for making counterfeit sovereigns of the present reign, dated 1911. The coins (produced) are a good shilling gilded, and a counterfeit sovereign, dated 1911. (To the Court.) My impression is that the mould had been used.
To prisoner. There are also a plaster impression bearing some resemblance to the King's head, with "George V." on it, and a rough plaster impression of a heart-shaped design, bearing the letters "G. R." inside. (To the Judge.) There is also a gilding mixture made of finely divided copper.
WILLIAM BAKER (prisoner, on oath). During the last four years I have been getting an honest living by selling haberdashery and small toys to little shops, and each year in the summer time when there is anything particular on I have been in the habit of making Coronation medals, Empire medals, and Boatrace favours, with the idea of selling them at shops to help to get a living. On the Sunday before my arrest I met a man whom I know fairly well, and he said, "I have got something that will suit you; I have got three or four bottles of cough mixture, and I will bring it over on Sunday morning if you get the beer in." I said, "I do not know about getting the beer in, but if you bring it over I daresay you will find a glass of stout there." On the Sunday he came and brought with him three bottles of Owbridge's lung tonic, for which I gave him 1s. He then said, "I have got something that will suit you for your Empire favours this year," and he gave me the sovereign mould (produced). I did not even look at it; I put it on the dresser and went out, and there the detective found it when he called on the Tuesday. I was arrested on suspicion of loitering, and the detective asked my address, and, not being frightened—I had nothing to fear as I thought—I gave him my right address, where he found these things. The following
morning he came to me at the police station and told me what he had found, and I said, "Yes; I had those for making medals for the Coronation and Empire." I did not even know at the time that it was a mould of a sovereign.
(Wednesday, April 24.)
WILLIAM BAKER (prisoner), recalled, cross-examined. It is true that I was convicted here in 1907 for housebreaking; I was also convicted in 1903 for picking pockets. Since my last release I have been getting an honest living; I borrowed a few pounds and got some stock in haberdashery, etc., and sold it to small shops. Every summer I made Empire medals and Boatrace favours. I got the patterns from a shilling or a sixpence. The man who met me at Clapham I had not seen for two years; his name is Willis, and he goes to race meetings a lot. We went and had a drink and he said he would bring over some cough mixture as I said I had a shocking cold. I told him where I lived, and he brought it over on the Sunday. He then said, "I have got a mould which will give you a fine impression for your Empire favours, and he gave it to me. It was a well known thing that I was making medals. My wife has any quantity of moulds. I gave Willis a glass of stout from my wife's bottle and a shilling. He gave me three bottles of lung tonic. (To the Court.) This was the mould for making sovereigns. This was on the Sunday evening before my arrest. I did not touch the tonic; I had some of my own stuff.
ELIZABETH PARKINS , 50, Langroyd Road, Upper Tooting. Seven years ago prisoner lived with me. He lived with me about 12 months, and then left. He returned to me about four years ago to where I was living at Noina Road. He then started-making these moulds for medals for the Boatrace, the King Edward's Memorial, and the Coronation. Last winter he spent three or four nights a week with me; his wife and I are great friends. I should not think it was possible for him to make bad money, because the coins he made did not turn oat perfect by a long way.
Cross-examined. He left me again finally about 12 months ago. I do not know what be has been doing since then, nothing more than he has been travelling in haberdashery and other things. I have visited him and his wife at 20, Darley Road, but I have not stayed in the house.
LOUISA BAKER , wife of prisoner. At the time of prisoner's arrest I was living with him at 20, Darley Road. I have also lived with him at 47, Langroyd Road with Mrs. Parkins. My husband had these moulds" in order to make medals for the Memorial of King "Edward and the Coronation of King George, and he was just going to start the Boatrace favours when he was arrested. He has also been selling haberdashery and gas mantles; he sold two or three dozen gas mantles on the day he was arrested. When King George's money first came out he had halfpennies and threepenny pieces for the plain impression, and destroyed them as soon as he had got what he wanted. This mould for making sovereigns, which he is accused of feloniously possessing, he got for making a medal as a Boatrace favour; he told me so two days
before he was arrested. It was lying about, he did not put it away anywhere. For making these medals he heated lead in a tablespoon; he never made any coin; he never had the things to do it with. On the Sunday morning before he was arrested a man called at our house and he and prisoner went to have a drink; when they came back prisoner showed me the mould and three bottles of Owbridge's lung tonic, which he said the man had given him. They were put back on the side and never opened until the detective found them. On the evening of January 18 we were at 47, Langroyd Road. At 11 p.m. on February 20 the detective called and told me that my husband had been arrested for loitering at Streatham. He then took the sovereign mould and a star medal mould. I told him there were several different kinds of moulds. He said, as far as I recollect, that those he had would be enough. There were several moulds lying about. I produce a packet of moulds which my husband used for making medals. I have seen my husband making medals.
Sergeant LEE, recalled. Although I searched the house I could only find the two moulds I have produced; it is untrue to say that other moulds were lying about. Mrs. Baker did not tell me that there were other moulds.
A further indictment for passing counterfeit coin was not proceeded with.
Two previous convictions were proved.
Sentence: Three years' penal servitude.
BEFORE MR. JUSTICE COLERIDGE.
(Wednesday, April 24.)
TEBBITT (30, agent), was indicted for feloniously shooting at Charles Berg with intent to murder him, and with intent to resist his (Tebbitt's) lawful apprehension; feloniously shooting at Leopold de Rothschild with intent to murder him.
Mr. Bodkin prosecuted; Mr. Muir defended.
Mr. Bodkin stated that from reports which had come to him he had reason to think that prisoner was not fit to plead. The jury were first sworn to try whether prisoner was fit to plead to the indictments.
THEOPHILUS BULKELEY HYSLOP , M.D., 5, Portland Place. On March 8 and April 22 I saw prisoner in Brixton Prison, and had lengthy interviews with him. I found him to be suffering from a condition of chronic delusional insanity, with ideas of persecution in a special way; he thought that he was persecuted indirectly through Mr. Rothschild, and that a tutor of chemistry at King's College had been indirectly influenced by Mr. Rothschild to make a wrong equation of some chemical formula, and that this error had upset him very much, and he thought that, as there was nothing else left to do, he was in duty bound to retaliate upon Mr. Rothschild. It seemed to me, from what I gathered from his history, that this condition had been gradually
growing from February last year. I should consider prisoner very dangerous if at large. In fact, he volunteered the information to me that if he were allowed to be free, if his studies were interfered with in that way, there would be no other course left open to him than to retaliate in that way. I do not consider him to be in a fit condition to give proper instructions for his defence, because, under my very mild cross-questioning, he became confused, irrelevant, and, incoherent.
Cross-examined. He is in some respects fairly intelligent. I know he very strongly resents the suggestion that he is insane, and desires his sanity to be established in the course of this inquiry; that is the usual rule. That does not shake my belief; 99 out of 100 persons who are suffering from mental diseases deny the fact. I know he is very studious. I have heard that since I examined him for the first time he desired to be examined by another mental expert. He did not accept my view that he is insane.
SIDNEY REGINALD DYER , Medical Officer, Brixton Prison. Prisoner has been confined there since March 4. He has been under constant observation, and I have had several very long interviews with him. I have heard the evidence of Dr. Hyslop with regard to his delusional insanity. Prisoner has told me about the tutor in chemistry at King's College having been influenced by Mr. Rothschild, and has said that if he was interfered with, personally, in this way, he thought he was justified in shooting the origin of it. I think he is very dangerous. I should call him a homicidal maniac. I think he is so demented by these delusions that he is incapable of giving intelligent instructions for his defence.
Cross-examined. He is rather an intelligent type, and he talks rationally on most subjects, but he is so obsessed with delusions that they rather seem to percolate into other topics, and he becomes incoherent. He talks coherently and intelligently on labour matters and politics, and, to a certain extent, he is quite understandable; then these delusions of persecution seem to come into them. He communicated with the head of the Labour Party to nominate a mental expert to examine him, which I regard as a very intelligent thing to do.
Mr. Muir. I have taken instructions from the defendant. He was examined by this gentleman, who was nominated for him by the gentleman who is at the head of the Labour Party, and the defendant does not desire that gentleman to be called.
Chief Inspector JOHN WILLIS, City Police. I was present at the Mansion House at the last hearing of this case before the Lord Mayor. At the end of the case the usual caution was given, and prisoner was asked whether he had anything to say. His behaviour was most extraordinary; be wanted to initial every page of the information and the statement made by him that was written down: he protested that he was unable to initial every particular sheet. He then objected also to the two different kinds of paper being used. He insisted on making the statement viva voce, instead of putting in his written statement, and afterwards refused to sign it until he initialled each
sheet. The statement is as follows: "I have reason to suppose that there is a general impression that I was insane at the time 1 made my attempt on the life of Mr. de Rothschild. I consider I was perfectly sane, and think an impartial reading of the police evidence will support my opinion. I am completing a full statement of the motives for my action, which are mainly political, and which I will read to the judge who tries me. I take this opportunity of saying that no reliance can be placed upon any report, speeches, statement, etc., of other people, which purport to contain expressions of my view." It was obvious that prisoner suspected the bona fides of the way in which his statement was being taken, and he wanted to protect himself against any misapprehension of anything he said. The statement was taken in the ordinary course.
The jury found that prisoner was fit to plead.
(Thursday, April 25.)
Prisoner pleaded guilty to all counts of the two indictments. Mr. Bodkin said that prisoner was the son of parents of the highest respectability, members of the Jewish community. His father used to attend the Central Synagogue, which Mr. Leopold de Rothschild also attended. In that way, a good many years ago, Mr. Rothschild through knowing his father also got to know prisoner and took a kindly interest in him. Some years ago prisoner went to Australia, and while there he used to write to Mr. Rothschild on his birthday and send him small presents, and Mr. Rothschild occasionally sent him small gifts, either himself or by his secretary. Mr. Rothschild had heard nothing of prisoner since 1909. Prisoner seemed to have come back from Australia and to have begun to study chemistry at King's College, and although he had a perfectly good home to go to, and kind parents, he preferred to live alone in lodgings of a humble character in the neighbourhood of the Tottenham Court Road. Since November his demeanour had altered; he was very restless at nights. On March 4 prisoner was seen' loitering about in St. Swithin's Lane, into which New Court turns, for some two hours and a half. About five o'clock Mr. Leopold de Rothschild, in his motor-car, was leaving New Court for the purpose of going to his home in the country. Charles Berg, an officer of the City Police, who was attached to these banking premises upon special duty, was stationed at the exit of the court for the purpose of keeping pedestrians out of the way of the car. Upon the car turning into St. Swithin's Lane prisoner went to it, and fired three shots through the front window, and another through the side window of the car. Berg ran up to the prisoner and caught hold of him Some people who were passing along also came up. As soon as Berg came near prisoner stepped back a few paces, extended his right arm, and shot straight and deliberately at Berg. The bullet struck Berg upon the jaw, on the left side of the face, passed right through the neck, and embedded itself upon the opposite side, avoiding by only a hair's-breadth several most vital and dangerous organs in the neck. Berg fell down. A gentleman named Whitlock, one of those who had interfered to stop prisoner, was fired at, the bullet embedding itself in
his clothing. Berg was taken to St. Bartholomew's Hospital, and was there for about a month as an in-patient; he is now recovered, except for being left in a nervous and shaky condition. Prisoner was arrested. On the way to the police station one of the officers said, "Who was in the car?" Prisoner replied, "Mr. Leopold. I think I saw Lord Rothschild go out; I intended to shoot Leopold." At the police station prisoner asked, "How is the man I shot? I heard that he was hit twice; I should think he would recover. As the bullets were small ones they would have to put the X-Rays on him." In reply to the charge of shooting Berg and at Mr. Leopold de Rothschild, prisoner replied, "That seems to be correct." At his lodgings in Tottenham Court Road were found a number of cartridges for the revolver (produced).
Mr. Muir said that the prisoner did not consult him as to the plea he should give in answer to the indictments, and his plea took him quite by surprise. He thought that prisoner would have pleaded Not Guilty, and that the question of his sanity or insanity would be inquired into by the jury. He had explained to prisoner that the course he had taken in pleading guilty had prevented that, and that he had to be dealt with as a sane man. Counsel had not the smallest doubt that the Prison Commissioners would inquire into his sanity, and if they found that he was a dangerous lunatic he would be sent to Broadmoor, just as he would be if found insane by a jury. The only matter the prisoner desired him to call attention to was this: He said that if he had here his exercise books with regard to the equation, which he said was given to him wrongly by his instructor at the college where he was studying chemistry, he would be able to demonstrate that the equation given him was in fact wrong, and therefore that the medical experts were mistaken in supposing that that was a delusion, and their conclusion that he was insane was accordingly based on wrong premises. It had been said that there had been some blood relationship between him and Mr. Rothschild, causing him to make the attack. Prisoner desired him to say that there was no foundation for any such idea in his mind. In fact, there was no foundation for any such idea. The prisoner's parents were most respectable people in a good position, and were greatly distressed that any such rumour had got about. The certificates were in court of the marriage and birth, and so on, to place any such rumour absolutely beyond question. The acquaintance between Mr. Rothschild and the prisoner began when the prisoner was a little boy, and Mr. Rothschild kindly allowed him to sit beside him at a service at the Central Synagogue, and afterwards gave him a sovereign. There was no question of charity in the gifts which Mr. Rothschild sent the prisoner, but they were merely acts of friend-liness. Prisoner's friends desired that any suggestion that he had accepted charity from Mr. Rothschild should be cleared away. Prisoner was studious and solitary in his habits, and now he almost welcomed the idea of the solitude of a prison cell, where he could be alone with his books and no one to interrupt him. He thought that Mr. Rothschild had for some reason conceived an enmity towards him, and that using the great influence which prisoner supposed him to possess, he had influenced the instructor at the college to mis-instruct him and
to prevent his progress in his studies. Prisoner's view was that the only way in which he could put a stop to that interruption to his studies was to put an end to Mr. Rothschild's life.
Mr. Bodkin said that Mr. Rothschild was absolutely unaware that the prisoner was at King's College or had any connection with that institution.
Mr. Justice Coleridge. William Tebbitt, I am placed in considerable difficulty by the course which this case has taken. Although, personally—and everyone who has listened to the case must take the same view—although, personally, I am of opinion that you are not re sponsible for your actions, and therefore that no moral blame can possibly attach to your conduct, yet I am placed in this difficulty, that I am bound to consider you, for the purpose of to-day, as a sane man, responsible for your act, and to pass the same sentence upon you that I should pass had you been a sane man responsible for your act, and; had attempted wilfully and of your malice aforethought to kill and 1 murder two, if not three, people. Had you been a sane man the sentence of the Court would have been that you should be kept in penal servitude for Twenty years, and that is the sentence which I pronounce. At the same time, it is more or less a formality, because I am satisfied, and you may be satisfied, that that sentence will not be carried into effect, and that, your state of mind being inquired into, the result, in fact, will be that you will be detained during His Majesty's pleasure.
BEFORE THE RECORDER.
(Wednesday, April 24.)
Prisoner pleaded guilty of receiving, which plea was accepted by the prosecution.
Prisoner was stated to have received 10 years' penal servitude in New York for bank robbery in 1894; to have been recently discharged after undergoing five years' penal servitude in France; to have been expelled from Amsterdam, and to have undergone 11 years' imprisonment in Canada. Prisoner denied all previous convictions, but he had been identified by finger-prints.
Sentence: Eighteen months' hard labour.
COLLINS, Thomas (30, super) , stealing a banker's cheque for £2 4s. 10d., the property of William Carstairs Douglas; forging and uttering, knowing the same to be forged, a certain order for the payment of £60 4s. 10d., with intent to defraud.
Prisoner pleaded guilty of uttering, which plea was accepted by the prosecution.
Prisoner confessed to having been convicted at the London Sessions on December 20, 1910, receiving 18 months', for larceny; 15 other
short sentences for larceny, etc., were proved, commencing July 28, 1898, prisoner being last released on March 21, 1912.
Sentence: Three years' penal servitude.
Sentence: Three months' hard labour.
CHAPMAN, Archie (24, waiter) pleaded guilty , of stealing a fountain pen and other articles, and £1 15s., the goods of George Moore; forging and uttering, knowing the same to be forged, the endorsement on a certain order for the payment of £4 5s., with intent to defraud.
Sentence: Eight months' hard labour on each indictment, to run concurrently.
Prisoner confessed to having been convicted on March 15, 1910, at London Sessions, receiving 23 months' hard labour, for shop-breaking, after nine pravious convictions, commencing August 4, 1897, for larceny; warehouse breaking, etc., including three years' penal servitude.
Sentence: Eighteen months' hard labour.
PERRY, Richard Curnon (24, soldier) pleaded guilty , of stealing 300 Indian stamps and other stamps, the goods of Rudolph Frantzel, junior: stealing 7, 000 British and Colonial stamps, the goods of Rudolph Frantzel.
Prisoner confessed to having been convicted on September 20, 1911, at Norwich Petty Sessions, receiving one month second division for stealing from his master, an Army officer.
Sentence: Nine months' hard labour.
MOSS, William, otherwise John Walter Crane (30, porter) pleaded guilty ,of breaking and entering the shop of J. Lyons and Company, Limited, with intent to steal therein; attempting to break and enter the shop of Herbert George Baxter with intent to steal therein; being found by night having in his possession, without lawful excuse, certain implements of house-breaking; attempting to break and enter the shop of The Cottage Tea Rooms, Limited, with intent to steal therein.
Prisoner confessed to having been convicted at the London Sessions on June 26, 1906, in the name of John Crane ; also to being a habitual criminal; 15 convictions for felony and five summary convictions were proved.
Sentence: Three years' penal servitude and Five years' preventive detention.
Sentence: Nine months hard labour.
LEE, George (27, labourer) pleaded guilty ,of being found by night having in his possession, without lawful excuse, certain implements of house-breaking; being found in a certain public place under such circumstances as to show he was about to commit an offence punishable on indictment. (Prevention of Crimes Act, 1871, Sec. 7).
Prisoner confessed to having been convicted on February 15, 1910, at Newington Quarter Sessions, receiving 12 months for being in possession of house-breaking implements; five other convictions proved.
Sentence: Eighteen months' hard labour.
COLLINGS, Frank (17, clerk) pleaded guilty ,of stealing £2 12s. 6d. and a cheque-book, the goods and moneys of Samuel Greenbaum, his master; obtaining by false pretences from Ellen Rowe one bicycle, with intent to defraud; forging and uttering, knowing the same to be forged, two several orders for the payment of £1 10s. and £1 5s., in each case with intent to defraud.
Prisoner confessed to having been convicted at the Mansion House on October 3, 1910, receiving 21 days' hard labour, for embezzlement.
Sentence: Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 24.)
Gold pleaded guilty .
Mr. Wilkinson prosecuted; Mr. David White appeared for Gold; Mr. J.E.Y. Radcliffe defended Marcus.
CHARLES BREWSRER , tobacconist, Bridge Street, Pinner. On March 14, about 3.30 p.m., Gold came in and asked for a packet of Woodbine cigarettes, price 1d.; he tendered a florin; I served him and gave him 1s. 11d. change. After he had left I tested the coin and found it was light. I went to my door and saw Gold, accompanied by Marcus, going in the direction of High Street. I could not leave my shop at the moment, but in five minutes' time I went up High Street and there saw Marcus; Gold came out of the post office and joined Marcus. Gold then went into Woodman's, the confectioners. When he left there I went in, and in consequence of what Woodman told me I sent for the police. I went up High Street (Sergeant White following me). I saw Marcus, and said, "Where is your pal?" He said, "He is in a shop down the street." Gold came out of the shop indicarted; White arrested him and left him in my charge while he went after Marcus.
Cross-examined. I am certain that Gold and Marcus were walking together; I did not see anything handed by one to the other. It is not true that I said to Marcus, "What are you looking for, old pal? "and that he replied, "I'm looking for an empty shop in Pinner."
AGNES WOODMAN . On March 14, about 3.30 p.m., Gold came in and purchased a packet of Woodbines; he gave me a florin (which I afterwards found was bad) and I gave him 1s. 11d. change. After he left Brewster came in; upon what he told me I went to my door, and from there saw Gold talking to another man up the street. Gold then went into Hall's, the chemists.
ALFRED WILLIAM HALL , chemist. Gold came in and asked for a pennyworth of strapping; I gave him some court plaster; he handed me a florin and I gave him 1s. 11d. change. On weighing the florin I found it was light. Going to my door a few minutes afterwards I saw Marcus crossing the road out of High Street; he was walking and looking over his shoulder. I went after him; at first I walked; then prisoner began running and I ran too, shouting, "Stop him." He was stopped, and Sergeant White arrested him. On March 26 I went to the police station and identified these two men.
Police-sergeant ELY WHITE, 392 X. About 3.45 I was in the High Street, when Brewster pointed out Marcus to me. I told him I should arrest him for being concerned with another man in passing counterfeit coin. He replied, "I have never passed any in my life." Brewster then pointed out Gold; I left Marcus with Brewster and went after Gold and arrested him. Going back to where I had left Marcus I found he had gone; I saw him going towards Payne's Lane, between running and walking. Leaving Gold with Brewster I gave chase to Marcus; he was stopped and I re-arrested him. I took both men to the station; when charged they made no reply. On searching Gold we found on him one sovereign, one shilling, a sixpence, and five pennies, all good money—no bad coins. On Marcus we found one sovereign, a half-sovereign, 20 shillings, 19 sixpences, 48 pennies, and 16 halfpennies. On Gold we also found a penny packet of chocolate, a penny memorandum book, and a packet of court plaster. On Marcus we found two packets of Woodbines, a penny memorandum book, two railway tickets from Aldgate to Pinner, dated March 14, with consecutive numbers, and a pawnticket relating to a gold coin. Marcus never said anything to me about his brother.
Cross-examined. Inquiries have been made as to Marcus; nothing is known about him. I found no bad coin on him. At Pinner there is held an annual fair; goods are sold there by auction; I never heard of anyone taking a shop specially for the fair. I have not made inquiries as to whether Marcus has a brother.
Re-examined. The fair is held in May, on the Wednesday after Whitsun; it is a one-day fair.
WILLIAM MARCUS (prisoner, on oath). I am an auctioneer; I mean that I sell by auction cheap jewellery and fancy goods of all kinds; my business takes me all round the country. I go to Pinner Fair every year. On March 14 last I went to Pinner with my brother to see if I could find a shop there; a shop would be worth £10
to me on the day of the fair. My brother is now in America. I do not know Gold at all; I have seen him at Epsom race meetings but not to speak to him. I did see Gold at Pinner,? but I was not walking with him; I do not speak to him. Brewster came up to me in the street, and I thought he knew me. He said, "What are you looking for, old pal?" I said, "I am looking for a shop." He misunderstood me as saying, "My pal is in a shop." I was arrested, and the constable left me in charge of somebody, and I went away, because I know how suspicious people are in these little country places, and I did not want to get mixed up in any bother. In my business I sell lots of small things and get paid in small moneys. The money found on me I got from sales on the previous Sunday and Saturday in Whitechapel Road and Club Row Market, Bethnal Green. I took the money with me to Pinner in case I should be asked for rent in advance for the shop I intended to take. If I had found a shop I should have kept it open for six weeks till the fair day. When I went to Pinner with my brother I took two railway tickets; at Pinner there was no ticket-collector at the gate, so I kept the tickets. I have never had a charge of any kind brought against me before.
Cross-examined. I have no auctioneer's licence. I go to Pinner Fair every year, but have never taken a shop there. I saw the constalble arrest Gold, so I thought I had better get away, as they might capture me; I was nervous, because I had never been in trouble before. It is not true that I was walking with Gold. I walked un and down High Street by myself. When I walked away from Brewster I was looking over my shoulder; that was to see if I could see my brother. I did not run away. Sometimes on a Saturday I have had as much as £4 in my pockets in pence. While in Pinner I did not go into any shop; I was only in the village about ten minutes.
Verdict (Marcus), Guilty.
There was no previous conviction against either prisoner.
Sentence (each prisoner): Five months' hard labour.
BEFORE JUDGE LUMLEY SMITH
(Wednesday, April 24.)
Sentence: Eighteen months' hard labour.
JAMES ROWAN , 8, Chenies Place, Somers Town, machine cleaner. I have lodged at 8, Chenies Place, eight weeks. Hampstead Road is about 1 1/2 or two miles from there. On March 14 I left 8, Chenies Place at 5.40 a.m. and returned at 9.40 a.m. As I entered the house I saw a man coming out of the door. We said good morning. I
thought he might be someone living in the house. I went upstairs. I found the tap back room door was open, which ought to have been shut. As I walked into the room I saw my bottom drawer was on the floor. I found this money-box on the bed. It was broken open and empty. When I last counted the money in it there was £4 26. That was on the previous Monday. I also missed a box with some farthings in. The front room was ransacked. I ran downstairs to the street to see if I could find the man, but could not. I came back and took the box to the landlady, and she went to the police station with me. The same evening prisoner was put up for identification. I identified him as the man I had seen coming out of the house that morning. When I left in the morning my young woman, her mother and brother were there. (To the Court.) I had no doubt about prisoner at the identificaition.
Police-constable FREDERICK KIPPER, Y. I saw prisoner on March 14 at 7.30 p.m. at Stanhope Street, where he lives. I told him I should arrest him for stealing £4 2s. from 8, Chenies Place at 9.20 that morning, and he would be put up for identification. He said, "I was in Hampstead Road along with young Willing at that time outside Gibbs', waiting for a job" That is half to three-quarters of a mile from Chenies Place. He was readily identified by prosecutor. When charged he said, "He has made a mistake. Young Willing can prove it. I met him at Hampstead Road at a quarter to nine, and did not leave there till 9.50."
Cross-examined. I paid the men that were put up with prisoner 2d. That is customary. We endeavour to get them as much like prisoner as possible.
ELIZABETH MILLS . I am the landlady at 8, Chenies Place. Prosecutor is one of my lodgers. On March 14, about 9.30 a.m., I heard someone go through the passage and go out. I did not see them. The only people in the house then were the lady in the first floor front, my husband and myself. The others were all out. About ten minutes afterwards prosecutor came down to me. The street door was not open. I did not know anything about the money-box. (To the Court.) I have never seen prisoner before. Whoever came in must have had a key.
EMMA HAYWARD . I occupy the back room on the ground floor. On March 14 I left the house at 8.40 a.m., and returned about 6.45. I saw the money-box in the drawer that morning. There was £4 2s. in it. I am engaged to prosecutor.
WILLIAM HAYWARD . Last witness is my sister. I have seen the money-box before. I cannot say when I last saw it intact. I knew where it was kept. I left the house on March 14, about 6.45 a.m., and returned about 6.45 p.m." I did not go home in the meantime. I have known prisoner a long time. I have spoken to him about this box. I have told him there was money in the drawer. I never knew the box was in the drawer. When I spoke to prisoner about it I told him that it was in the drawer. It was money that used to be kept in another box. I did not say which drawer or which room. I said who the money belonged to. This conversation was nine or ten weeks ago. It referred to another house at
College Place, Cam den Town. We were not living at Chenies Place-then. (To the Court.) The reason I told prisoner about the money was that there was a gas-meter broken open, and I being out of work got accused of it On the morning this box was broken open I had a key of the street door. I did not lend it to prisoner. I did not suggest he should go and take the money.
Police-constable FREDERICK KIPPER, recalled. Prisoner was searched at the station about 12 hours afterwards. One halfpenny was found on him; no key.
---- WILLING, porter I know prisoner. I saw him the day he was arrested at half-past 8 a.m. at Edward Street, Stanhope Street. I was with him till 8.40 or 8.45 a.m. I left him at the bottom of Baker-Street, Hampstead Road.
Cross-examined. I was with prisoner that morning at Gibbs', in Hampstead Road.
MRS. CHARD, prisoner's wife. I do not know where prisoner was on the morning of March 14. I saw him at 5 p.m. He said he had been looking for work. I am not living with him.
Verdict, Not guilty.
Prisoner was released on his own recognizances in £5 to come up for judgment if called upon.
Prisoner was' further indicted for that he is a habitual criminal. Mr. Bodkin prosecuted.
Detective-constable WILLIAM ADAMS I produce the consent of the Director of Public Prosecutions. It was served on prisoner at Brixton on April 13.
Cross-examined by prisoner. You gave me the address of Mr. Henley, who told me you went on his round on two or three occasions, and he gave you food. You never worked for him. You said you had been out selling fruit and flowers, I cannot prove you have never been out selling.
Police-constable OLIVER BAXTER, 65 YR. I was present in this 'court on November 21, 1898, when prisoner was convicted of feloniously breaking and entering premises and sentenced to five years penal servitude. The certificate is attached to the papers.
Sergeant JAMES GREY, 27 G. I was present on April 25, 1905, at the North London Sessions when prisoner was sentenced to four years' penal servitude for larceny, burglary, and receiving in the name of Leary. I produce the certificate.
Detective-inspector GEORGE CARR, Lancaster County Police. I was present at the Manchester Assize Court on October 26, 1906, when prisoner was convicted of attempting housebreaking, and sentenced to three years' penal servitude and one day, concurrent sentences. I produce the certificate.
Detective-sergeant GEORGE GALE. Prisoner was arrested on March 23. I saw him in the cell passage at the Mansion House about 2.45 that day. He told me he was reporting on ticket at Tottenham Court Road Police Station. I then asked him if he could furnish me with any names or addresses of people he had worked for or attempted to obtain work from. I also pointed out the particulars of the Prevention of Crime Act, 1906, to him, and said he might be further indicted unless he furnished me with names and addresses. He said, "Yes, I worked for a Mr. Nathan; I purchased flowers from Mr. Nathan in Covent Garden Market. There are three Nathans carrying on business in a very large way in Covent Garden Market. They deny knowledge of this man. I asked prisoner, but he could not tell me which Mr. Nathan. He said, "There is no use you going to Mr. Nathan. I have done no work. I have bought no stuff from him. I subsequently saw prisoner's brother. He was unable to tell me he had done any work.
To prisoner. You did not tell me you had bought fruit from other people in the market than Nathan. I cannot prove you have not been out selling fruit.
WILLIAM DAY (prisoner, on oath). On October 13 last when I was released from penal servitude I was sent to the Church Army. Prisoners' Association. They said they could not find me employment. They could not find employment for men with no convictions behind them. I met a man two or three days afterwards, Randall. He offered to find me food till I found work. I went on and off two or three days a week. Then I started selling fruit and flowers. (To the Court.) I was with Randall two or three days a week for two or three months. After that I was out selling fruit and flowers. I bought them off the small traders in Covent Garden Market. They would not know me. They would only know Bill, Jack, or Jones. He could not say he knew a man. All the business is done under the hammer, and you have to buy off them certain stuff they do not want. This man cannot prove I have not been out selling fruit. They admit that themselves. I have been doing that from Christmas up to within a week or two of my arrest.
Cross-examined. Since my last release I have lived the whole five months at 147, Whitfield Street, Tottenham Court Road. I paid 3s. 6d. a week rent. I was working from October 13 to a week before Christmas for Mr. Henley, 2, Little Clarendon Street, Somers Town, as driver of a mineral water van. He could not afford to pay me much wages. He gave me a few shillings now and again and my food. I suppose he gave me altogether £1 2s. I have been working with other
costermongers in the meantime. That is how I paid my rent. I gave their names but could not give their addresses.
Verdict, Not guilty.
Sentence on the first indictment: Three years' penal servitude.
Mr. E.P.S. Counsel prosecuted.
WILLIAM TWENTYMAN , licensed victualler, Chalk Farm Road. This cheque is one of mine. I missed it on February 29. I last saw my cheque-book on February 25. It was kept on our sitting-room table on the first floor. Sometimes the room is left for a minute or two with the key in the door. As a rule it is locked.
Cross-examined by prisoner. I first saw you at the police court. Customers from the public bar go up through the saloon to use the lavatory. It is possible for them to go without being heard. Any one going to the lavatory could go to the sitting-room. I do not know if anyone working for me has identified you as having been seen at my place.
JOHN EVANS , dairyman, 5, Maple Street, Tottenham Court Road. I received this cheque from prisoner on March 3. His name on the back was not written in my presence. He was a customer of mine on the round. He owed me a little money, and told me he expected some money on the following week. He asked for the loan of 10s., which I gave him, and to prove that he was expecting money he showed me this cheque, and as I knew he had not a banking account I suggested he should give me the cheque so that I could put it through my bank, which I did do. It came back, marked "No a/c." The 10s. I gave him was nothing to do with the cheque. I had lent him money on previous occasions, and he always paid me back, amounts of £5 and over. When he showed me the cheque it had on it the words, "Not available until March 11, 1912." I held the cheque for a week. When I told him it had been returned he was very surprised, and said he would have to see about it.
To prisoner. A week previous to my dealing with this cheque you told me you were expecting a cheque. I was simply going to put it through my account for you. I do not think you have defrauded me in any way.
THOMAS EAGLE , clerk, London and South-Western Bank, Camden Town branch. This cheque was issued in a book with 24 others to Mr. Twentyman. We have no customer named George Nicholls, the name which appears at the foot of the cheque.
To prisoner. No other cheques from that book have come through to my knowledge.
Detective-sergeant PAGE. I saw prisoner on March 14 at Maple Street or Howland Street. I said to him, "I am making inquiries respecting a cheque-book which was stolen from the 'Monarch' public-house? Did you give a cheque to Mr. Evans at 5, Maple Street?" He said, "Yes." I said, "Can you give me any information about it?"
He said, "I had it from a bookmaker named George Nicholls." He did not know what his address was, but it was somewhere at Brixton.
To prisoner. At Kentish Town you said, "If you had taken me back I could have found the address." I saw your wife and we together searched the place, but there were no papers there.
EDMUND FAULKNER (prisoner, on oath). I received the cheque through the post and it was put through Mr. Evans's account in perfectly good faith. I had every reason to believe there was nothing the matter with it. I received it from George Nicholls, a course bookmaker. It is money due to me from bets made. I had a letter with the cheque. Mr. Evans read the letter. The letter said he was sorry he had kecs pt me waiting, but he was expecting a cheque in himself during the following week and as he would be probably away racing he would send me the cheque on post-dated for the amount due to me. I got it on a Saturday morning. I have never been in Mr. Twentyman's public-house. I do not know where it is. I did not know the cheque-book had been stolen until I was at the police-station. Mr. Plowden said in his opinion there was no evidence to connect me with the theft.
Cross-examined. I have not brought the letter. I did not consider it of any importance. Mr. Evans read it. My dealings with Nicholls were betting transactions. The money had been owing me from Lingfield Park the last back-end racing season. £10 0s. was the exact amount, but the cheque was for £10 11s., a mistake of a shilling on my side.
Verdict, Not guilty.
Prisoner was further indicted for forging an order for the payment of £10 11s., with intent to defraud; uttering the same knowing it to have been forged.
EDMUND FAULKNER (prisoner, on oath). I should like to say, as far as I was concerned, I considered the cheque perfectly all right. It is in exactly the condition I received it, except that I have endorsed it. I handed it to Mr. Evans to go through his bank, but, so far as making the cheque out, I know nothing about it. I got it through the post.
Cross-examined. The signature on Exhibit 1 is mine. (At counsel's request prisoner wrote several words on a piece of paper, which was afterwards handed to the jury with the cheque.)
Verdict. Not guilty.
FLETCHER, Henry John (46. barber) having been entrusted with certain property, to wit, the sum of £80 19s. 9 1/2 d., in order that he might deliver the same to Charley Clarke, Coleman and others, the members of the Railway Guard Social and Mutual Loan Club, unlawfully and fraudulently conventing the same to his own use and benefit.
Mr. Armstrong White prosecuted; Mr. St. John Macdonald defended.
Detective-sergeant TOM ANDREWS, N. On March 18 at Kennington Road Police Station, I read the warrant to prisoner. He said, "I left the money with the brewers, there was enough money to pay, but cleared out." When the charge was read over to him he made no reply. The warrant was issued on December 26 last. He was arrested on March 18.
Cross-examined. He informed me when he was arrested that he was staying at Church Road, Croydon, but had no fixed address. He gave no address at Camberwell. He did not say if he had known a warrant was out he would have given himself up. It is a custom for these slate clubs to invest the money with the brewer, not in the business. Prisoner's wife told me they had had a row some weeks before he left.
GEORGE READ , parcel porter, 224, Campbell Buildings, Gloucester Street, S.E. I have known prisoner four or five years. I was a member of the Railway Guard Mutual Loan Society. I was check secretary. On December 18 it was resolved to pay out all the money on the following Friday; the amount was £80 odd. The accused, the secretary and I, were to go through the accounts together on the 19th. The accused did not come. I next saw him on March 25 at the Tower Bridge Police Court. Rule 16 says the monies are to be invested in the Lambeth Savings Bank by the Honorary Treasurer and Honorary Secretaries. I was one of the secretaries. I never helped in banking this money. We trusted accused.
(Thursday, April 25.)
GEORGE READ , recalled, cross-examined. The duties of a check secretary are to check the money off the secretary's books so as the treasurer should sign for it. I believe the book in which he signed is an exhibit. It shows all the moneys received in the club. (Witness was cross-examined as to the entries.)
MR. BRYANT, District Manager to Watney, Combe and Reid, 3, Beverley Gardens, Barnes. "The Railway Guard" public-house, Waterloo Road, is in my district. Prisoner was a yearly tenant. The tenancy was terminated toy a quarter's notice on either side. He left in December last without notice. He left in our debt., When he took up the lease he deposited £100. On December 11 I received' this cheque for £20 from prisoner. It was not honoured. A second cheque for £59 2s. 8d. I did not; pay in as the other had come back. I next saw him at the Tower Bridge Police Court. When I discovered he had left the public-house I informed the police in the usual way for the purpose of saving the licence. We kept the house open until just after Christmas, when we closed it. A private sale was ordered, and we obtained an order for possession of the premises that is signed by
Lord Loreburn on December 31. This book shows a complete account as between myself and prisoner. It shows a balance of £23 18s. 10d. We handed a cheque for that amount to Mrs. Fletcher. When the firm heard about the society and prisoner's disappearance I recommended to the Directors that they should give the members something, and they agreed to pay half, £40 10s. I went down and saw that distributed. It did not come out of the £100.
Cross-examined. We served prisoner by substituted service with notice of permission of the Court to enter the premises. Mrs. Fletcher knew we had taken out writs against her husband. She left everything in my hands. We sold for £85 all at, that is the goods on the premises and the goodwill. We paid prisoner's debts. We had to take possession of the "premises, and did not know what to do with the money. The place improved while he had possession. He conducted the business very well. It is not a fact that when the £20 cheque was returned prisoner offered me £20, and I told him to pay the money into the bank. I believe Mr. Goodyear refused it, and told him to pay it into the bank. When Mrs. Fletcher went away there were furniture and goods belonging to them. That was all handed over to her.
HENRY JOHN FLETCHER (prisoner, on oath). I had been in possession of this licence two years last December. I paid £50 for the business and £13 or £14 for the stock. The previous tenant had been convicted of betting. It was only my character that got the licence. This loan club was started with the idea of improving the business. I was elected honorary treasurer. The secretaries collected subscriptions, the money was handed over to me, and I signed for it. When a loan was wanted I handed the money to Mr. Coleman. I did not take his receipt for it. I never took a receipt of any description. I cannot say what I owe them. When I went away I left enough to cover it. I owe them something. It was decided to pay out on December 18. I said I would go through the accounts on the 19th. I went away that afternoon. It was really over a row with the wife. We had been jangling weeks and weeks. I said, "You can have the lot. Pay the club out." I believe she is jealous. I do not know why. That is why I left. I did it in a mad temper. I know I was wrong. It was a tied house. I deposited £100 and they allowed me 4 per cent. My wife must have known about that. She could have paid the slate club out with my property. There was £200 worth of furniture and £30 worth of stock. I have not been in hiding. I have been in the locality of the public-house 14 or 15 times since. I have a hairdresser's business in York Road worth £90. I have been there. When I was arrested I was staying with people named Carter at 38, Church Road, Croydon. I have been there all the time barring going to one or two race meetings.
since we parted in December. We quarrelled. He said he was tired of everything and I could have it on my own and do as I liked; he had done with it. He said, as to the slate club, if there was any difficulty there was enough at the brewers' to pay any debts that he owed. That was not to worry me. I thought at the time he referred to the £100 deposit. He left a little money in the till, £4 or £5. He left the stock and everything in working order. There was about £40 worth of stock. I carried on the business till December 30. The brewers made me shut it up. I was in the house three weeks after that. They would not let me move anything off the premises. 3 received a cheque from them for £23 13s. 2d. and out of that there was 7s. 6d. application for new licence and 30s. for something else, I do not know what for. It was for stock and things in the bar, I suppose. The furniture cost from £150 to £200. They did on touch that. They would not let me remove before January 22. I was not asked to pay any money to the slate club. If they had allowed me to keep the business on I should have paid everything. I do not know if the members knew the £100 was at the brewers. My husband has a hairdresser's business in York Road. That is not five minutes walk from this public-house.
Cross-examined. I did not know my husband had left owing debts, till after he had gone and I went to see Mr. Bryant. They were small debts. We always run small debts. If I had known where my husband was (between December and March I should have tried to see him.
MRS. MARY ANN THURSTON , 3, Francis Street, Waterloo Road. I am prisoner's sister. Ever since my brother has been licensee of the "Railway Guard" public-house he and his wife have never been good friends. There was no other trouble that I am aware of, except over the business.
Verdict, Not guilty
BEFORE MR. JUSTICE COLERIDGE.
(Wednesday, April 24.)
Mr. Muir, Mr. Travers Humphreys, and Mr. Boyd prosecuted; Mr. Marchant defended.
SARAH BAKER , 5, Kingsley Avenue, West Ealing. I lived there with deceased, my sister; we were there about 12 months. We let apartments. We kept no servant. In answer to an advertisement on March 11 prisoner called and took a bedroom on the first floor and a sitting-room on the ground floor at one guinea a week. He came on the 13th and stayed till April 2, when he was arrested. He was peculiar about his food; on one morning, very early, I found him
walking on the stairs. He was so peculiar that we were not comfortable and we told him we wished him to leave. Deceased waited on him. A little after 9 a.m. on April 2 I went out, leaving deceased in her bedroom; as far as I knew prisoner was in his bedroom. There was no one else in the house. I returned at 12.45 p.m. and found her lying on the kitchen floor, as I thought, in a dead faint. I tried to restore her with brandy, but found it was no use. I did not know at that time that she had been shot. I went into prisoner's room on the ground floor and saw him sitting in a chair with a paper in his hand. He said nothing; I went next door for assistance and one of the maids came in. I looked in at prisoner and asked him the last time he had spoken to my sister; I had told him I had found her in a dead faint. He said that she asked him if he would like his breakfast and he said not at present. I then went into the kitchen and, on examining her more closely, found she had been shot. I had sent for the doctor. Just before he arrived prisoner came to the door and asked me if my sister had gone. I had no idea that he had any firearms.
Cross-examined. We were on good terms with him. When I met him on the stairs he said he could not understand why people should try to poison him; I think this was about the Tuesday before April 2. He had his hat and coat on, with a lighted candle in his hand; it was quite daylight. (Mr. Muir stated that he was not contesting that prisoner was not insane.) These are two letters I wrote to his cousin. I know that he had consulted a doctor.
GEORGE PHILLIPS , M.D., 88, The Avenue, West Eealing. At 1.45 p.m. I went to 5, Kingsley Avenue, where I saw deceased on the kitchen floor. Her bodice was singed, consistent with a powder explosion. There was a hole under her left breast. She had been dead, in my opinion, about an hour. I sent my chauffeur for the police. I heard someone walking across the hall, and on going to the door I saw prisoner. I detained him. He put his hand in his hip pocket and I caught hold of his wrist. He was producing this washleather bag (Exhibit 3). I held him until the arrival of the police. He asked me to go inside, as it was rather public out there. I did not do so, but remained at the gate. On the police arriving I said I thought he had a revolver about him. No revolver was found on him at the time. The appearance of her wound was consistent with her having been shot at close quarters. I saw this knife (Exhibit 2) taken from him.
Cross-examined. I did not see a letter in his hand. He was just going out of the gate when I saw him. He did not make any attempt to get away when I stopped him.
Police-constable GEORGE MASON, 772 X. At 1.45 p.m. on April 2 I went to 5, Kingsley Avenue, where I saw prisoner being detained at the gate by Dr. Phillips, who said to me, "A woman has been shot in this house and this man seems rather anxious to get away." I detained prisoner, who said nothing. We all went into the front room, where the doctor said, "I believe he has a revolver on him." I asked prisoner which pocket it was in and he said, "The revolver is upstairs
in an open gladstone bag." I went to his bedroom, where I saw him bag, but there was no revolver in it. I returned and told prisoner this. He said nothing. I noticed something in his pocket and I asked him what he had got there. He said, "Nothing." I found in his right hand pocket this single-loader revolver, fully cocked, and a tobacco box containing four live cartridges fitting the revolver. I als found on him this sheath knife and this flask of brandy. He said he wanted to drink some of it, as he felt faint. There was also this wash leather bag, containing keys, and this stamped letter.
Cross-examined. He appeared to be very calm; he seemed strange. This letter (Exhibit 7) I found upstairs; it was sealed ready for posting.
Police-constable WILLIAM HARPER, 196 X. At 1.45 p.m., on April 2 I went to 5, Kingsley Avenue. The witness corroborated the evidence of the last witness and added: When Police-constable Mason went upstairs I was left in charge of prisoner, who said to Dr. Phillips, "You had better leave me to the police and get on with your patient. I suppose they think I have done it and detained me."
Police-constable FRANK SHAW WHITESIDE, 428 X, corroborated. He added that prisoner later said, "I cannot think what made me do it. It was purely an accident. My head is so bad to-day. Can't I have my tablets?" I had found a bag containing some tablets in his pocket.
Police-inspector ALFRED DEEKS, X Division. At 1.50 p.m. on April 2 I was summoned to 5, Kingsley Avenue, where I saw deceased's body in the kitchen. In the front room prisoner was being detained by Police-constable Mason. I told him who I was and that I was investigating how deceased had met her death. This pistol was then lying on the table. I cautioned him and he said, "I came down about 10 a.m. and went out for a short stroll and came back. She asked me if I would have any breakfast. I said, 'Not at present.' Then I came into the front room and read the paper. It may be a delusion on my part, but I thought an operation had been performed upon me, and I got a revolver which was upstairs in a gladstone bag and brought it down and pointed it to her. I asked her who it was performed an operation upon me about a fortnight ago. She replied, 'I don't know.' I snapped the trigger at her. It went off, and she dropped down. I gave her some brandy and some water and saw it was all over. It was no good making a row, so I waited till her sister came in." I took the statement down in my pocket-book and he signed it. Inspector Davies then came in and I told him what had happened. I picked up the pistol, not knowing it was loaded, and it went off; it went through his clothing. I took prisoner to the station. When charged with wilful murder he said, "I object to wilful murder; I did not know it was loaded."
Cross-examined. He said he had snapped the trigger to frighten her. He appeared to be of unsound mind.
Detective-inspector THOMAS DAVIES, X Division. On going to 5, Kingsley Avenue, prisoner made the following statement to me: "These people are very interested in looking after young women and
thought I was going to London habitually to go with these young people; but I used to go to South Kensington Museum. They thought I was not looking after myself. When I went to bed I had terrible dreams. I thought someone came in and threw something over my head. I thought someone was attending me and had operated. It may be a delusion on my part. I asked her who it was that had performed the operation upon me about a fortnight ago in the night. She said she knew nothing about it. I snapped the trigger to frighten her and it went off. I presented the revolver at her to frighten her and thought it was empty, but found it loaded. I then got some brandy as she had dropped down. I also gave her some water. I did not think about making a row, so I waited until her sister came in. I did not know what to do. I have not been very comfortable in these apartments. They think I am a bit of a reprobate. The idea that an operation has been performed upon me to make me impotent I did not explain very well. I am so confused just now that I cannot give you a better idea of what the delusion was. I ought to have had expert advice upon it. I have seen a man up in town about it. It sounds very mad. It sounds like a case for Broadmoor. I told him later that I must charge him with wilful murder, and he said, "I suppose I must go with you. I allowed him to go upstairs to get his gloves. I accompanied him. From the dressing-table he took this envelope, containing two half-sheets of paper-bearing his address and on which was, "Should I be ill or die, write to....." In a box under the bed I found 17 cartridges fitting the pistol (Exhibit 1). I unlocked it with a key Police-constable Mason had given me. It had apparently recently been moved. It also contained an empty cartridge-case fitting the pistol. In addition I found nine loaded cartridges. On the way to the station prisoner said, "There is some money in my trunk in my bedroom. Will you get it for me?. I returned and found it where he had described. At the station I said to him, "I found the money you spoke of. It is £4.. He said, "That is right. I am sorry this has happened. I did not mean to shoot her; I meant to frighten her. I put the second cartridge in as I thought I was going to be lynched by the neighbours. My brother pointed the revolver at me and pulled the trigger when he thought it was not loaded. It went off and I put my head on one side and the bullet just grazed my hair."
Cross-examined. He gave me the impression that he was undoubtedly insane.
Re-examined. It is quite easy to see if the pistol is loaded or not.
GEORGE HERBERT BENNETT , M.R.C.P., after corroborating the evidence of Dr. Phillips as to the position and cause of the wound on the deceased, stated: In the post-mortem examination I found the bullet had opened the pericordium and passed through the apex of the heart, embedding itself in the lung; it undoubtedly was the cause of death. I had an interview with him afterwards.
Cross-examined. I was quite satisfied that his delusion that an operation had been performed upon him was not feigned. I certainly think it indicates unsoundness of mind.
Verdict, Guilty, but insane.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Wells Thatcher prosecuted.
Detective-inspector WILLIAM GOUGH, E Division. About 3 a.m. on March 13 I saw prisoner at Hunter Street Police Station. I told him who I was, and said that he would be charged with attempting to murder his wife. I cautioned him. He said, "I had a provocation, and it was through her temper and through her 'whoreism.' I wish to Christ she was dead. She did not deny it to-night, and I own I have not done anything for four months through illness.
Cross-examined by prisoner I wrote down your statement in your presence.
Mr. WELLS THATCHER said that, after the decision in R. v. Leach (4 Cr. App. R., 96) he could not contend that this was a compellable witness, and he would not examine her.
JOHN MCCAULAY . I am a registered medical practitioner. On March 12 I was called to 25, Kenton Street, where I found prosecutrix sitting in a chair. She had three wounds on her head, one causing compound fracture. There was a lot of blood on her clothes and on the floor. I dressed the wounds and sent her to the hospital. Her injuries could be caused by the hammer (produced). I believe she is going on very well now.
HAROLD TASKER , house surgeon, Cambridge University Hospital. I remember having prosecutrix under my charge. She was discharged on March 31. I was not present when the operation was performed. She is going on very well, and in my opinion she will probably get quite well.
EDITH FOLBY , 25, Kenton Street. Prisoner is my brother-in-law. On March 11 I heard my sister call out. I went upstairs to their oom, and found her lying on the floor. I fetched my nephew, and the doctor was sent for. I passed prisoner on the landing before I entered the room. I have seen, this hammer before. When I went into the room it was on the table.
HENRY WILLIAM FOLEY , 25, Kenton Street. Prisoner is my uncle. About 9.30 p.m. on March 12 he went out. He returned with his wife at 10.30, and went upstairs. They started quarrelling, and he said if she went out he would go with her. I was in the room at the time. I left for a few minutes at 11. On my return they were still quarrelling. They went down to the kitchen. I heard him say, "Don't row; let's be friends. "They came upstairs and commenced quarrelling again. I went to bed. They were still at it. I heard him come out of the room and go to his cupboard on the landing. He then returned. I got up and went into the front room, where I saw Mrs. Coxon lying unconscious on the floor. I picked her up and put her on a chair.
Police-sergeant GEORGE BACKHAM, E Division. At 1 a.m., on March 13, I went to 25, Kenton Street, where I saw prisoner. I told him I should take him into custody for the attempted murder of his wife. He said, "She tantalised me, and I knocked her on the head with the hammer. I am sorry she is not dead. I came back to give myself up. I could have done myself in, but that would have healed the thing up. I am only sorry I did not do her in." I took him to the station. On returning, to the house I found this hammer lying on the floor opposite a large pool of blood.
Prisoner's statement before the magistrate. "I have nothing further to say. I was upset on account of her temper. I lost my head at the time I did it. I locked the door to prevent her going out—not with the idea of doing her grievous bodily harm.
EDWIN COXON (prisoner, not on oath). All I have to say is that I am truly sorry for what has happened. I quite lost my head with the bother that we had and her throwing things at me, and also with my illness. I had only just been out of the infirmary a fortnight when this took place and my head was not properly the thing then. We have always been comfortable together.
Verdict, Guilty of wounding with intent to do grievous bodily harm "under very great provocation."
Sentence: Six months' imprisonment, second division.
Mr. J.D. Fitzgerald prosecuted.
The first witness for the prosecution was about to give evidence, when the prisoner had hysterics, and had to be removed.
(Thursday, April 25.)
Prisoner again fell into hysterics after a few questions to the first witness.
Mr. Justice Coleridge discharged the jury, directing that a communication should be made to the Home Secretary with a view to inquiry into prisoner's mental condition.
BEFORE MR. JUSTICE COLERIDGE.
(Thursday, April 25.)
Mr. T.E. Morris prosecuted; Mr. Sydney E. Williams defended.
for myself, prisoner, Clack, and Bawcombe. We were all mates together. In a joke I tapped Bawcombe on the knee. He shaped up to fight. I said, "Don't hit me, hit him over there" (referring to Blackler); "he is bigger than I am. "Blackler came across to me and said something. I said, "Can't you stand a joke, Jack?" He said something else, and I lost my temper for the moment, and pulled off my coat. Then the landlady interfered. I called for some more beer and she refused to serve me. Prisoner and I then went outside and went to the "Halfway House," about five doors away. On the way there Blackler came up and said to prisoner, "You are the bloke," and gave him a sort of back-handed clout. Prisoner pulled off his coat and threw it to me; it went over my head. When I scrambled it off my face and turned round I saw prisoner strike Blackler with his fist and Blackler fell. Previously to that Blackler had said, "I can't fight," and he put his hands down in his pockets. Then prisoner said, "I can" and struck him in the head or the chest. Prisoner took his coat from me and ran away. We were all sober barring Blackler. Prisoner was a stranger to me except that we worked at the same place.
Cross-examined. What prisoner threw to me was just his overcoat, not his jacket. It was not thrown as a signal to fight. Blackler was a bigger man than prisoner, about 6 ft. 3 in. in height.
WILLIAM CLACK , labourer, Ealing. I was in the "Old Hat" with my father and Bawcombe when prisoner and Higgins came in. There was some skylarking between Higgins and Bawcombe. Bawcombe put up his fist to Higgins, and the latter said, "Don't hit me, hit him over there." Blackler walked across to Higgins and said, "What do you mean by telling him to hit me?" Higgins said, "It's only a joke, Jack, but if you take it that way I will have a fight," and he took off his coat. The landlady interfered, and Higgins and prisoner left the bar. As they left, Higgins said to Blackler, "I will see you outside." Blackler stayed in the house for ten minutes after the others went out. We were all sober.
Cross-examined. Prisoner was drinking gingerbeer.
Mrs. ELIZABETH SHACKLE. I was coming out of the "Halfway House," when I saw standing in the road Higgins, prisoner and Blackler. Prisoner gave Blackler a sort of shove on the shoulder. Blackler said, "I cannot fight." He stood with his hands in his coat pockets. Prisoner punched Blackler in the face or the chest, and Blackler fell to the ground. Prisoner snatched his coat from Higgins and ran away.
RENDLE MEYER , house surgeon, King Edward's Memorial Hospital, Ealing. Blackler was brought in about 8 p.m. on March 9. He was suffering from concussion; he was unconcious, and remained in that state until his death at 11 a.m. on the 12th. The cause of death was
fracture of the base of the skull, through the man falling on the back of his head against something.
Cross-examined. There was no sign of a violent blow having been (struck with the fist.
Detective-sergeant JOHN HEADLEY, X Division. I arrested prisoner on March 10. He said, "It was a bit of a row started in the 'Old Hat.' Me and Higgins came out and he followed us. He hit me a back-hander, and I pushed him. He fell on the back of his head."
Cross-examined. Prisoner bears a very good character. This is the first time he has been in a court of justice.
Detective-inspector THOMAS DAVIS, X Division. Upon my formally charging prisoner at Uxbridge Road Police Station he said, "He challenged me to fight and gave me a backhanded blow in the jaw. I pushed him back, and he fell in the road." He volunteered and signed the following statement: ". I went with Higgins to the 'Old Hat.' In the bar a man got up and wanted to fight Higgins. Higgins took his coat off, and I stopped them fighting. Higgins called for some drinks, and they would not serve him, and we left. The same man followed us. He came up to me and said, 'You are the man I want to fight,' and gave me a back-hander in the jaw. I just pushed the man and he fell over on his head in the roadway. He was drunk, so that if anybody just touched him he would fall over."
Mrs. BLACKLER. Deceased, my-husband, was never a quarrelsome man.
Cross-examined. When deceased struck me I just gave him a push, not to hurt the man at all. When he fell, I ran away, because I thought he might get up and hit me; he was a much bigger man than me, about 6 ft. 4 in.
Verdict, Guilty, with a strong recommendation to mercy.
Prisoner was released on his own recognisances in £25 to come up for judgment if called upon within the next twelve months.
Mr. E. Percival Clarke prosecuted; Mr. D. Owen Evans defended.
Mrs. JESSIE COLEY, 1, Oakley Road, Brixton. Deceased, my. brother, was 27 years old, single, an Army Reservist. He had been lodging with me about two months. He was a kind young fellow and not at all quarrelsome. He was of sober habits. On April 1 he drew his reserve pay out of the Post Office Savings Bank; he came and paid me a certain amount. He left my house between 11.30 and 12 that night; I think he had then upon him £1 5s. I did not again see him alive.
MARY ANN BELLRINGER , 22, Baker Street, Brixton. On the afternoon of April 1 I was standing at my door talking to Mrs. Med-way; our children were playing about in the street. Tilbury and another man came along; Tilbury, who was intoxicated, stumbled against my little girl and knocked her down. Mrs. Medway said, "That's what comes of looking at other women." The two men and Mrs. Medway then walked through Chryssell Road into Vassall Road towards the "Perseverance" public-house. Later I saw Mrs. Medway go into her house, No. 20, Baker Street, with Tilbury; she introduced him to me as her cousin. In about half an hour she came out with Tilbury and they went towards the "Perseverance." Later prisoner (who lodged with me) came home; I told him that Mrs. Medway was in her house with a strange young man. Mrs. Stagg, from 24, Baker Street, came in and I told her the same. She went to No. 20 and knocked at the door and told Mrs. Medway that her husband was coming; deceased immediately left the house. Shortly afterwards prisoner left the house, up to then nothing had happened between him and deceased. I know nothing more except that I saw deceased placed on the ambulance.
Cross-examined. Prisoner was a very good lodger, a sober, hardworking man.
LAURA ELIZABETH MEDWAY . Deceased was a stranger to me. On this afternoon I had a drink with him and his male friend in the "Perseverance," and they then came to my house; after a time the friend left; then Mrs. Stagg came and deceased left; he was the worse for liquor. I saw nothing of what happened afterwards.
JOHN HENRY BECKETT . On April 1 about 4.45 I was outside the "Perseverance," and saw Mrs. Medway talking to Tilbury. I went to my work in Chryssal Road, and later saw Tilbury running, pursued by the two prisoners. Churchill caught up with Tilbury, and hit him on the face on the left side, knocking him against the railings; he broke away to cross the road where he was attacked by Anderson, who struck him a severe blow in the face on the right side; be staggered and fell; Churchill kicked him in the face as he fell. Anderson ran away; Churchill walked away.
Cross-examined. There was a great deal of shouting; besides the prisoners there were other men running after Tilbury; also a woman; it may have been Mrs. Stagg; I am not certain; it may have been Mrs. Medway. I could not do anything to help Tilbury; I am a cripple.
GEORGE WARD . I saw the two prisoners catch up to Tilbury and attack him. Anderson struck him twice in the back, but could not get a proper blow in; Churchill closed up and struck him on the right side of the face and felled him. Deceased's fall was not from accidentally tripping; he fell immediately upon Churchill striking him.
Cross-examined: I did not see Beckett.
Police-constable ERNEST KITE, 847 W, said that he found Tilbury lying on the ground, and took him first to Dr. Bagster and then to the hospital.
CHARLES EDWARD BAGSTER , M.D. When Tilbury was brought to me he was quite insensible, apparently suffering from severe injury to the brain. He had a cut over the left eye, which was considerably bruised; this might have been caused by a blow or a fall; there was blood in the left ear. I applied bandages and sent the man to the hospital.
Cross-examined. The injuries might have been caused by the man striking the pavement as he fell.
WALTER GIBSON MARSDEN , House Surgeon, St. Thomas's Hospital. Upon Tilbury's admission about 7 p.m. on April 1 he was completely unconscious, breathing heavily, bleeding from the nose and left ear; the left eye was completely closed; there was a wound over the left eyebrow. He died at nine o'clock the following night. The post-mortem examination showed the cause of death to be laceration and bruising of the brain and cerebral haemorrhage into the brain substance. The skull was fractured; there were three small fissured fractures in the anterior part of the base of the skull, corresponding with the left eye position. Such an injury might have been caused by a very severe blow, but was more likely caused by the man falling upon his left eye on the pavement.
Police-constable GEORGE JONES, 1020 W. After assisting Kite to take Tilbury to the doctor, I went to 26, Baker Street, and saw Churchill. I told him I should arrest him for causing grievous bodily harm to an unknown man in Chryssal Road. He said, "I did not strike him; I went to, but the other man had him first."
Cross-examined. Churchill was at his home; he had not run away. I know nothing about him or about Anderson.
Sergeant FREDERICK PEPLER, W Division. On the evening of April 11 went to 22, Baker Street, and saw Anderson. I said, "I believe you know something of this assault case." He said, "Yes; he called my wife a prostitute; I asked him what he meant by it, and at the same time pushed him on the shoulder; he then struck me on the eye and ran away; Churchill then chased him, but the fellow fell down on his face; he was drunk." Upon the death of Tilbury prisoners were charged with manslaughter. Anderson said, "We will wait till the result of the inquest and see what they say; I don't know where the manslaughter comes in." Churchill made no reply.
GEORGE HAROLD ANDERSON (prisoner, on oath). I am a fish hawker, of 22, Baker Street. On April 1, after returning home from work, I went out with my wife. In Chryssal Road I saw Tilbury quarrelling with Mrs. Stagg. The latter said that Mrs. Medway had been in with him for no good; she was a married woman. My wife chimed in. Tilbury called my wife a prostitute. That was enough to make a man angry, and I went to push Tilbury on the shoulder, and he struck me on the
left eye and ran away. I gave chase, caught him up, and struck him once on the shoulder and once in the side; then I fell down and cut my face. Churchill, who was also following, passed me and caught up to Tilbury; I cannot say whether he struck him. Tilbury was the worse for drink. Churchill was a stranger to me.
Cross-examined. When Tilbury called my wife a prostitute I struck him and he hit me back; then I struck him again, in self-defnce. He ran away, and I gave chase to give him some more, but I did not strike him again. I did not see him fall; I should think he tripped, he being drunk. It gave me a fright, and I went home. I was quite sober; I do not drink. I deny that I kicked Tilbury.
JOSEPH ALFRED CHURCHILL (prisoner, on oath). On this evening I was at home (26, Baker Street) when I heard screams. I ran out and saw a crowd running by. Mrs. Stagg shouted out to me to stop Tilbury. I ran after him. I never struck him. I was just behind him, near to the railings, when he fell, through exhaustion I reckon, or he may have tripped. I walked away. I had never seen the man before.
Cross-examined. I never meant to strike Tilbury; I was about to claim hold on him when he fell. I did not see Anderson. I never struck or kicked Tilbury. When I said to Jones, "I did not strike him, I went to," that is not correct; I said it on the impulse of the moment. I admit that I was about to strike him and about to claim hold of him at the same time.
Verdict: Anderson, Guilty (with a recommendation to mercy); Churchill, Not Guilty.
(April 26). Sentence (Anderson): Nine months' imprisonment, second division.
BEFORE THE RECORDER.
(Thursday, April 25.)
EARL, Charles Richard (19, seaman) , feloniously attempting to discharge a revolver at Albert James Sickle, with intent to prevent the lawful apprehension and detainer of himself, the said C.R. Earl; (second count) with intent to do him grievous bodily harm. Feloniously attempting to discharge a revolver at Edward Lloyd, with intent to resist the lawful apprehension and detainer of himself, the said C.R. Earl; (second count) with intent to do him grievous bodily harm.
Prisoner pleaded guilty to the first count of the indictment relating to Sickle.
The offence was committed when prisoner was being arrested as a deserter from the Navy.
Sentence, Nine months' hard labour.
A.J. Sickle, a private citizen, was commended by the Court for his courageous behaviour.
Callis pleaded guilty .
Mr. Brodrick prosecuted.
Police-constable WALTER CROSS, 67 B. At 10 p.m., on March 19, I was on duty in Queen Victoria Street, when I found from the basement window at the back of Lockharts' premises a piece of glass had been taken and a piece of cardboard had been placed over it. I had the premises surrounded and subsequently saw Callis coming out of the window. I arrested him. He complained of an injury to his right knee and he was taken to the hospital. After his wound had been stitched up I took him to the station. In his boots I found 4s. 4 1/2 d. He made this statement (Exhibit 1), which he signed.
Police-constable JOHN WOOTTON, City Police. In consequence of certain information, at 2 a.m. on March 19 I went with Detective Bet-tridge to 97, Elm Street, a common lodging-house. We there saw Gilbert in bed. We told him we were police officers and said that Callis was in custody for breaking and entering Lockharts, 115, Queen Victoria Street, and that Callis had made a statement to the effect that he, Gilbert, was concerned with him. He said, "I'll punch Callis on the nose when I see him." On the way to the station he said, "There was only two of us. I stopped outside. When I saw the copper had a 'rumble' I cleared off and left Callis there." At the station Callis's statement (Exhibit 1) was read to him and he said, "Callis asked me to go with him. He told me to smash the window and I smashed the window. It is not all true in the statement." When charged he said, "I know nothing about the money."
GEORGE JAMES HUMPHREYS , manager, Messrs. Lockharts, 111, Queen Victoria Street. At 7 p.m. on March 19 I left this window on the premises all right, I fastened it myself. At seven the following morning I found it broken. The staff fund box had been broken open and the money was gone, the tobacco box was missing and the top of the cash register was broken—it had contained two or three shillings, but it was now empty. We missed about 5s. or 6s. in all.
Police-sergeant GEORGE MUGGRIDGE, 20 B. At 10 p.m. on March 19 I went to these premises. The rear of the premises was open. Looking over the shop window I saw Callis behind the counter. I called to him to come out. The cash-register till had been removed from the shop on the ground Floor into the basement; the three drawers had been forced. The tobacco box and the staff box had been forced. I found 2s. 1 1/2 d. on a gas stove on the ground floor.
Against Callis two convictions were proved in March and June, 1911, on the first of which he was bound over, and on the second was sentenced to 14 days' hard labour. In October, 1911, he was sentenced
to two months' hard labour as a rogue and vagabond. Gilbert had been bound over for 12 months in 1911.
Sentences: Callis, Three years, Gilbert Two and a half years', detention in a Borstal Institution.
WOOD, James (32, chef) and TAYLOR, Vivian (20, clerk) , breaking and entering the counting-house of George Henry Lawrence and others and stealing therein one bag, one coat, and other articles, the goods of George Henry Lawrence.
Wood pleaded guilty .
Mr. Kent prosecuted.
CHARLES GUY SILVERSIDE , clerk to Blandford, Lawrence and Hann, accountants, Gresham House, Old Broad Street. On March 18, at 6 p.m., I left the office locked up properly. When I arrived on the following morning at 9.10 I found the private door wide open and a piece cut from the glass panel nearest the lock. There were some bloodstains on the door and the glass panel was also cracked right across.
GEORGE HENRY LAWRENCE , partner in Brandford, Lawrence and Hann, accountants, corroborated previous witness as to the state of the private door on the morning of March 19, and added: On entering the office I found that most of the drawers of the clerks had been left open and on searching I missed the articles in this list (Exhibit 7), which I now identify as mine; in addition I missed a frock coat, a vest, and a pair of eye-glasses. I estimate the total value of the articles at £4. Prisoner had been in our employ about three weeks as a junior clerk. We paid him on March 16 his wages (I think they were £1), but he never returned, although we had not given him and he had not given us notice.
Cross-examined by Taylor. There is not a sleeve link on this list (Exhibit 7.)
Detective-sergeant Hubert Smith, City Police. On the morning of March 19 I was called to these offices, and I inspected the premises. I found the panel of the private door was broken sufficiently to allow a small hand to go through. The place was in disorder. On March 23 I went to 63, Wells Street, where I saw Taylor. I told him I was a police officer, and said, "Is your name Vivian Gordon Taylor?" He said, "Yes." I said, "I am making enquiries regarding property stolen from Messrs. Blandford, Lawrence and Hann on the 19th by means of office breaking. He said, "I do not know anything about it.' I found in his room this bag, containing the things mentioned in this list (Exhibit 7). (Witness produced the articles identified by Mr. Lawrence as his property.) I asked him how he had become possessed of them. This envelope (Exhibit 2), containing letters, which I also found in the bag, he said was his property, and the other articles, including the bag, he said belonged to a lodger named French. He said, "I first saw them on Wednesday. I knew they belonged to Mr. Blandford." I also found this sleeve link in the bag; prisoner was wearing the fellow to it; he said it was his. I asked him where he was on the 19th, and he said, "I was in bed till 12 o'clock (I took him to mean mid-day). French went out about 6.30 a.m." I found that
"French" and Wood were the same person, and that he occupied the same room as Taylor I asked him where French was, and he said, "I do not know. I have got an appointment with a money lender at 2 o'clock in High Holborn." I asked him if French knew of the appointment, and he said, "Yes." I followed him to High Holborn, where he was joined by Wood, who was wearing the frock coat. I asked him to remove a glove that he had on his right hand. He did so, and found his hand bleeding. I arrested him, and asked Taylor to accompany me to the station, which he did. Wood said, "It is nothing to do with him," meaning Taylor. When charged at the station neither made any reply. (To Taylor.) I am certain you said that you recognised all the things as belonging to Mr. Blandford. The sleeve link and the letters were in the bag when I first saw them. I did not put them in there when I was in the room with you.
VIVIAN TAYLOR (prisoner, on oath) read a long statement to the effect that he was innocent of the offence of breaking into these premises and stealing these articles or of giving any information concerning the premises to Wood; and the reason of his leaving on the Saturday prior to this offence without giving due notice was that two of his former acquaintances had threatened to expose to his employers that he owed them money; realising that he could not pay this by the following Monday, which they had insisted upon, he had not returned; that he had written to his employers informing them of this; that on. the evening of March 20 he was in the room occupied by himself and Wood, when he saw some articles which he recognised as belonging to Mr. Blandford; that this made him suspicious, but he had not sufficient courage to report the matter, as he felt that the blame would be attached to him. (To the Court.) Wood used to walk with me to business in the morning. I put the envelope containing the letters and the sleeve link into the bag at the request of the detective.
Cross-examined. I thought these friends of mine would come to the office and tell my employers that I owed them money; their names were Witt and Gibbon; I owed them £2 10s. for a suit of clothes. On the Monday morning after leaving business I changed my address from Oakley Square to Wells Street temporarily. I have known Wood about five months; I did not ask him where he got these things from because I could not prove anything, and it was no business of mine. Verdict, Guilty of felonious receiving.
Taylor confessed to a previous conviction of felony at the Newington Sessions on September 21, 1909, when he was sentenced to six months' hard labour. A subsequent conviction for stealing in 1910 was proved. It was stated that he was an associate of bad characters; and he had been befriended by the prosecutor on his previous conviction. Three previous convictions in 1910 were proved against Wood.
Sentence (each): Twenty months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, April 25.)
Evidence of good character having been given, prisoner was bound over in his own recognisances in £10 and his father in £20 to come up for judgment if called upon.
Mr. Beaumont Morice prosecuted.
Detective FREDERICK COPLEY, J Division. On March 18 at 5.30 p.m. with Detective Cleary, I saw prisoners in Aldersgate Street Railway Station acting suspiciously. We followed them into Long Lane, where I arrested Morris. He said, "I have done nothing." Cleary. arrested Reynolds. They were taken to Snow Hill Police Station and detained art) the back of the charge-room. I heard Reynolds say to Morris, "Bung them quickly." I saw Morris removing his right hand from the pocket of an officer's coat (produced), which was hanging up. Cleary said, "What have you put in that pocket?" and felt in the pocket. Reynolds said, "I thought you had got us." Cleary took from the pocket 13 counterfeit florins wrapped separately in paper. They were then charged with possessing counterfeit coin. They made no reply. As they were being taken to the cells Morris said, "If you feel in the pocket you will find three more." Reynolds said, "That is right. There were 16 when we found them in Old Street." I felt in the pocket, but found no others. The prisoners were searched. On Reynolds was found 4s. 7 1/2 d. and on Morris 1s. 1d. good money. When they said they found them in Old Street I pointed out to them that it was a very muddy day and that the paper in which the coins were wrapped was quite clean.
Cross-examined. I have known Reynolds for some considerable time. At the station I only saw him talking to Morris. Reynolds gave his address. I went to his house and saw his wife. He told me to tell her not to worry.
Detective AMBROSE CLEARY, G Division, corroborated. Police-constable SIDNEY TOMLINSON, 365 City. Coat produced is mine. It was hanging in the charge room. There were no bad coins in it.
I had a glass of beer in a public-house in Aldersgate Street when I saw a small bundle of rags under the seat, which I picked up and left the public-house. I found inside a roll of newspaper, and was greatly surprised to see a lot of 2s. pieces wrapped singly in paper. To avoid the crowd I went into Aldersgate Station, intending to take a ticket to Edgware Road and examine them in the lavatory, and if they were bad I should have thrown them down the open lavatory. If they were good I own I should have changed them, as we were not in very good circumstances. As I approached the ticket office I saw Reynolds beckoning to me, and followed him out into Long Lane, when Detective Copley stopped me and said, "What is the game?" I got frightened about the coins, and replied, "What is the matter? I have got nothing." When I got in the charge-room I saw the coat hanging behind the door, and knowing that I could not prove where I got these 2s. pieces, and thinking I should get into trouble about them, I determined to put them in the jacket pocket, and did so. Reynolds never said, "Bung them"—he knew nothing of my having them. I gave a wrong name and address because I was afraid of losing my situation.
WILLIAM REYNOLDS (prisoner, on oath). I live at 2, Longmore Road, Bancroft Road, Mile End. On the day of my arrest I left home at 11 a.m. and saw my father at his yard at 16, Jacob Walk, Green Street, Bethnal Green, and got a few shillings from him. I was getting my living selling second-hand furniture, and I went to an auction sale in Euston Road to try and buy a cheap lot with the few shillings I had. Coming down Aldersgate Street on my way home I recognised Morris, whose name I did not know, ran after him into the booking office in Aldersgate Station, and called to him. He came out, and I said, "I will see you in a few minutes, "and went on. Detective Copley, seeing me call to the man, naturally enough, knowing something against me, thought I was with him. I waited, thinking Morris was coming back, when Cleary came up and said, "I want you." I was taken to the station and charged as a suspected person. I there saw Morris. I had no idea of anything wrong, and was sitting in the room adjoining the charge-room when Cleary asked Tomlinson if he had' anything in his pocket that did not belong to him. He then found these coins in the pocket. Copley said, "It surprises me. I never thought anything of that." I said, "How is it you charge me with this man? I am nothing at all to do with him." I gave my name and address. Copley said, "Bill"—because he knew me—"tell me all you know about this! and I will get you out of it." I said, "Believe me from the bottom of my heart, if I never see my wife and children again, I do not know how this man became possessed of these things. I cannot tell you anything. I have only just met the man." Copley said, "We know you know nothing about it." I did not know that Morris was doing anything wrong. If my wife is in court I can prove that Copley is not so honest as he appears to be, because four years ago he tried to entice my wife to do wrong. (Prisoner was warned by the Common Serjeant that it might not be wise for him to attack the officer's character.) My wife told me so; I believe it is true.
Cross-examined. I knew Morris by eight, and have dealt with him in furniture. I called him "Jack." I have seen him with a barrow. I did not say, "I thought you had got us." I did not see Morris put his hand to the coat or tell him to "Bung them quickly."
Verdict: Morris, Guilty; Reynolds, Not guilty.
Seven convictions were proved against Morris, including three years' penal servitude in December, 1906, for warehouse breaking loitering, etc. He was liberated on August 27, 1910, and had since been at work. No previous coinage offence.
Sentence (Morris), Twelve months' hard labour.
Prisoner confessed to having been convicted of felony at this Court on September 10, 1907.
Prisoner pleaded not guilty of being a habitual criminal.
Service of the notices and fiat of the Director of Public Prosecutions were proved; also three Statutory convictions as follows: North London Sessions, June 20, 1905, 12 months' hard labour for larceny; at this Court, September 10, 1907, three years' penal servitude for stealing; London Sessions, March 1, 1910, 21 months' hard labour + and licence revoked for stealing. Seven other convictions were proved. Stated to have been a persistent thief for the past ten years. On March 1, 1910, was indicted as a habitual criminal with two others who were convicted as such, but prisoner was acquitted. He was stated to have occasionally worked selling vegetables from a barrow.
Detective JOHN NEWING. In February, 1910, when I had prisoner in custody, I made inquiries and found that when he came out from his previous sentence of penal servitude he had bought vegetables and sold them in the street, but had gone back to his old associates.
Verdict, Guilty. Sentence postponed to Tuesday next.
(Tuesday, April 30.)
The Oommon Serjeant. I postponed sentence in this case because I had some difficulty in dealing with it on the doubt whether a prisoner under 30 years ought to be treated as a habitual criminal. You seem to have studied the law and practice on the subject. You are quite right that a recent Home Secretary issued a circular directed to the release authorities (but, by another circular also, to the judges), stating certain conditions which in his opinion ought to be observed in dealing with offenders under this Act, which enables habitual criminals to
be detained after a period of penal servitude; and, according to the circular sent out, expresses his opinion that, unless there are strong special reasons, an offender must be over the age of 30 years before he is dealt with as a habitual criminal. Looking at the Statute I find that. while the regulations for the treatment of habitual criminals, when sentenced to preventive detention, appear to make regulations with regard to the detention, as to which by the Statute power is vested in the Secretary of State, the discretion, the determination whether an offender is a fit subject to be treated as a habitual criminal is reposed in the Director of Public Prosecutions, who is appointed with reference to his special knowledge of the administration of the criminal law—knowledge of crime and offenders; and the Director of Public Prosecutions has given his certificate, which is to the effect that yours is a case fit for treatment under the Act. Every circular to judges from the Home Office of course the judges must treat, and would treat, with the greatest consideration; but I must obey the Act of Parliament, which places in the hands of the Director of Public Prosecutions the determination, the decision, of what offenders are fit to be dealt with under the Act, and under these circumstances I am at least at liberty to trust to his ability to exercise his own judgment. The Act appears to be not only an Act for the benefit of old offenders for the protection of the public to prevent them from preying upon society, but it is also to my mind clearly an Act intended for the benefit of those who are habitual offenders. It makes special provision for the reform, if possible, off those who are habitual criminals, and their treatment in such a way that they shall learn by work to regain their position. In my own judgment and discretion I cannot help feeling that yours is one of the very few cases in view of which the Act was framed. Therefore, instead of sentencing you to a long period of penal servitude, I am at liberty, if I feel it my duty, to sentence you under the special Act which is provided for such cases as yours. The sentence upon you is that you be kept in penal servitude for Three years, to be followed by Five years' preventive detention.
BEFORE MR. JUSTICE COLERIDGE.
(Friday, April 26.)
AMES, Hugh Lawrenson (45), and WILSON, Flora Matilda (40), (otherwise Flora Matilda Ames). Ames, feloniously marrying Flora Matilda Wilson, his former wife being then alive; Wilson, feloniously marrying H.L. Ames, her former husband being then alive; feloniously aiding and abetting the said H.L. Ames to commit the felony aforesaid.
Bath prisoners pleaded not guilty. Subsequently, Ames stated that his plea was given in error, and, on the advice of his counsel, "from the technical point of view," he pleaded guilty. Wilson also corrected
her pleas into guilty of bigamy, not guilty of aiding and abetting Ames to commit the felony.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. George Elliott, K.C. and Mr. Frampton appeared for prisoners.
Mr. Muir said that, upon the indictment to which Wilson had pleaded not guilty, there would arise difficulty in technical proof of knowledge by her that Ames's wife was alive, and the prosecution would be content to leave the pleas as they stood. Wilson was married in London in September, 1897, to Mr. Charles Northesk Wilson, who was still alive. Before that she was the wife of Colonel Montinaro, whom she divorced. Ames was married in 1890 to Miss Kate Palmer, and his wife was still alive. The two prisoners entered into a marriage in England on January 27, 1911. They were both described in the certificate as previously married on June 29, 1910, at Oakland, California. The gravity of the offence and the public importance of it was that these two persons obviously set out to America in order to procure in America a so-called divorce for the male prisoner, which divorce could only be procured by means of perjury committed in America, which perjury was, in fact, committed by both prisoners for that purpose. Having by means of perjured testimony on the part of both procured a decree for the dissolution of the marriage between the male prisoner and his wife, they entered into a ceremony of marriage in Idaho on June 29, 1910. They then returned to England and went through the marriage ceremony here on January 27, 1911. Wilson brought a suit for divorce against her own husband, in the course of that suit the documents in the American proceedings came before the court, and the facts were laid before the Director of Public Prosecutions. Counsel then detailed the false evidence given by both prisoners in America in order to procure the divorce of Ames from his wife.
Mr. George Elliott, on behalf of the prisoners, reminded his Lordship that none of the grave aspects usual in bigamy charges were present in this case. Wilson had not been deceived or induced by any false representations of Ames to go through the form of marriage. As to the proceedings in America, Ames believed that, as he had acquired property in that country, his wife enjoyed the same status with him, and it was in that state of circumstances that the American divorce was obtained. Both these prisoners bona-fide believed, when they went through the ceremony of marriage, that they were free to do so.
Sentence (each prisoner): Six months' imprisonment, second division.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, April 26.)
FIDLER, Edwin Alfred (23, commissionaire) , stealing a postal packet containing a postal order for 10s. 6d. and five penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted; Mr. J.D. Fitzgerald defended.
MALCOLM BRODIE , clerk, Secretary's Office, G.P.O. In consequence of losses of letters containing postal orders passing through the Threadneedle Street office, I began making investigations. There are two counters inside that office, and the postal-order counter is on the right side as you enter; it is the nearest department to the lobby where the commissionaire, the prisoner, stand; from the door he would be able to see anything that goes on at the counter. On April 15 I made up a test packet containing five penny stamps, which I marked with my initials and the date in invisible ink, and a letter, and I went to that office and bought a 10s. 6d. postal order at 8.15 a.m.; prisoner, the commissionaire, was standing at the door of the lobby about two yards away from me at the time. At the counter I put the postal order in the envelope, sealed it down securely with stamp edging, and posted it in the "Town "box outside, The envelope was pink. I next saw prisoner at the G.P.O. at 2 p.m. I told him who I was and that I had been making enquiries with regard to losses of letters containing postal orders at Threadneedle Street. I cautioned him and told him that this test packet I had made up had not-been received; I described him its contents and told him when and where I had posted it. I said, "There is reason to think you took the letter from the basement. Do you wish to say anything about it?" He said, "Yes; I picked the letter up in the basement. I have the postal order in my pocket.' He then produced the postal order and four loose penny stamps: I applied acid to the stamps and found they bore my initials and the date. When I had originally enclosed the five stamps they were not separated. I asked him what he had done with the envelope, and he said he had torn it up. I asked him what had become of the fifth stamp and he said he had used it to send for a catalogue to Gamages'. I gave him into custody. He said nothing when charged.
Cross-examined. He did not prevaricate or attempt to run away; he has told the same story from start to finish. I produce three other postal orders that I have heard he cashed the same morning at Threadneedle Street post office; their values are 3s., 4s., and 3s. (Exhibit 4). Between the postal-order counter and the lobby there is hardly a door at all; there is an opening. I am sure that the counter is not in a recess. When enclosing the postal order I could see out of the corner of my eye that he was watching me. I did not see him watching me posting the letter. This is my first case; I have been working under an experienced officer throughout. I know prisoner has only one arm. I have never been down to the basement of this office.
Re-examined. One of the stamps on these postal orders (Exhibit 4) I identify as one I put into the test packet.
WILLIAM HENRY SMITH , clerk, Investigation Branch, G.P.O. At 8.15 a.m. on April 15 I was on duty outside the Threadneedle Street post office when I saw Brodie enter the office. At 8.20 he came out of the front entrance and posted a letter in the "Town" aperture. Just a few seconds before prisoner came out of the private entrance, used only by officials, and stood on the kerb about two yards away from the post office and watched Brodie post the letter. He then returned by the private entrance.
Cross-examined. It would not be part of prisoner's duty to watch or to enter the public office; it was his duty to remain in the lobby He does not have to act as a messenger; I understand he looks after the keys and has to see that nobody but officials enter the office by that side entrance. I am familiar with the inside of the building. There is a shoot from the letter-boxes down which the letters go into bags which are enclosed in cupboards, the doors of which shut with a click. I have been in the Investigation branch six years. I heard of those doors being accidentally left open on one occasion. No doubt it does happen that a letter sometimes over-shoots the mark and goes into the cupboard. I have also heard of a letter having jammed in the shoot. I heard that on one occasion prisoner handed five such letters he had found to the overseer, but it was not in these boxes he found them. (To the Court. These boxes are emptied every hour. It was not part of prisoner's duty to see whether there were any letters stuck in the shoot.) It is certainly his duty if he finds letters in the wrong place to hand them to his superior officer.
Re-examined. I have made a thorough examination of the box in which Brodie posted the letter and, as far as I can see, it is perfectly in order.
GEORGE HENRY BLUNDELL , Inspector, Threadneedle Street Post Office. I have been there on and off for seven years. Prisoner was employed there as a commissionaire. If by a mischance a letter did not all into the bag it would fall into the cupboard at the side of the bag, but this is very unusual, unless there is a lot posted; occasionally they stick on the top of the ledge between the woodwork and the zinc. It is the duty of the postman alone to unlock the door, take the bag from the cupboard, seal the bag, and lock the door again. When he comes on duty at about 8.45 a.m. he gets the keys from the commissionaire, in whose charge they are, and he retains them till he leaves at about 8.15 p.m., when he returns them to the commissionaire. 9 a.m. is the first despatch and 8 p.m. the last. The post-boxes are shut between 8 p.m. and 8 a.m.; the commissionaire locks them up at night. There is easy access from the lobby to the cupboards. The room in which the cupboards are is only used by the staff for cooking their dinner and keeping coals. If an official finds a letter it is his duty to hand it to the assistant superintendent or, if he is not there, to me. I come at 11 a.m. and leave at 7.15 p.m.
Cross-examined. If he found a letter on the floor of the despatch-room it would be his duty to hand it to me, if I was downstairs at the time. It would not be possible for a single letter to get out of the cupboard on to the floor if the door was left open. I have seen the cupboard doors open and told the postman about it, and he has locked them up. It is true that the doors are taken off their hinges at certain periods of the evening to take the letters from the bags, but that has never happened in the day time. I was informed yesterday that on November 18 prisoner found a postal order for 10s. on the counter, which he gave up. On March 30 he found five letters jammed in the letter-box and he reported the matter to Mr. Blundell; on his instructions he got them out and handed them to him, Mr. Blundell. On the Saturday before Easter Cryer, a postal clerk, handed the safe key to him under cover and he may possibly have had it in his charge over Sunday. I do not know what the contents of the safe were; I should think it contained several hundreds of pounds' worth of postal orders and stamps. I was given to understand that one evening the safe had been left open inadvertently, but it was not the prisoner who discovered this; it was Charlton, another commissionaire. Only the staff would have access to the despatch-room. There is nothing against prisoner as far as the official record is concerned; he has been in the employ of the G.P.O. since September, 1909. His duty would be to walk up and down and keep observation. On one occasion, I have heard, he reproved a messenger, boy for going down to the despatch-room, and he was himself reproved for doing so. Brodie could not have possibly placed his test letter on the floor of the despatch-room because, being a stranger to the office, he would not have been allowed down there without the authority of the chief clerk. I know prisoner is in receipt of a pension and I believe if he is convicted of felony he will lose it. I have never heard of these doors of the cupboards having been found left open in the morning.
Re-examined. When Brodie bought the postal order he came in as a member of the public. The commissionaire would have stopped him going down to the basement if he had attempted to do so.
WILLIAM JOHN VIOLET , assistant superintendent, Eastern Central District Office. I was on duty at the King Edward Street Office on April 15 when the 9.11 a.m. collection arrived from Threadneedle Street: it arrived at 9.55. I examined the contents of the bags. I looked especially for a letter addressed to "Mrs. Brodie," but I did not find it.
Detective ALFRED KIBBY, A Division. I was present on April 15 at the G.P.O. when Mr. Brodie interviewed prisoner. (Witness corroborated Malcolm Brodie's evidence as to what passed.) He was given into my custody. On him I found several undefaced stamps torn from envelopes, amongst which was one bearing Mr. Brodie's marks. He gave no explanation. At the station he made no reply when charged.
Cross-examined. subsequently went to prisoner's home, which was spotlessly clean. His wife drew my attention to a box containing
some money; she told me it was his last quarter's pension. I did not search his locker at the Post Office. I found no pawn tickets anywhere.
MALCOLM BEODIE , recalled, stated that he had received the three postal orders (Exhibit 4) from William Henry Smith. This witness, recalled, stated that he had obtained them from the superintendent in charge of the Thread needle Street Post Office.
JOSEPH HERBERT CRYER , clerk, Threadneedle Street Post Office. Between 10.15 and 10.45 a.m. on April 15 these three postal orders (Exhibit 4) were presented to me by prisoner for payment. They are made payable to "E.A. Fidler" and are endorsed with that name in the same handwriting. They had upon them stamps they now bear. It frequently happens that postal orders are filled in and endorsed by the same person.
Cross-examined. There is nothing on the orders to show at what hour they were cashed. I have reason to know it was not between 9 and 10 a.m.
Prisoner's statement before the magistrate. "I had never seen the letter before the witness posted it. I had never been near him. I had never seen the address on it."
EDWIN ALFRED FIDLER (prisoner, on oath), 74, Ling Road, Plaistow. My father was a petty officer in the Navy. I was in the Navy from 1904 to 1909, when I was invalided in consequence of losing my left arm. I joined the Corps of Commissionaires, Who sent me to the G.P.O. I am now getting 1s. 3d. a day pension. I was employed as commissionaire, taking turns with three others at Threadneedle Street and I was paid 26s. 3d. a week. At 7.25 a.m. I came on duty and unlocked the side entrance at 7.45. I unlocked the letter-box and at 8 I opened the front doors and the outside locks of the letter-boxes. I then took up my position in the commissionaire's box and gave out the keys to the proper persons. It is part of my general duties to keep watch from the lobby; if I saw anybody acting suspiciously I should not be allowed to leave my post, but to give information to my superior officer. At 8.25 on April 15 I think I went down to the despatch-room to make some tea, and as I was passing the letter-boxes to get to my locker I saw a letter on the floor. As it was my duty to do, I picked it up and put it in my pocket with the intention of giving it up to the superintendent when I got upstairs. The superintendent arrives at ten; I had always understood that I should give such letters to him. I do not know who was in charge at the time. I noticed the door of the cupboards were open. I was that morning expecting a letter from a Mr. Chandler, addressed to me at the Post Office, and as a matter of fact I had received it at 7.45 a.m.; I knew what its contents were; I expected to receive 10s. 6d.; the letter actually contained two postal-orders for 3s. and one for 4s., with sixpenny stamps attached. I placed it in my pocket unopened, and it was into the same pocket I put the letter that I found. I then had
my breakfast. I took out, as I thought, the letter I had received and opened it without looking at the address; I had forgotten the letter I had found. I then found I had opened the wrong one. I opened my own letter, and I now produce the envelope, it only contained a little receipt, which I destroyed. I cashed my three postal-orders. I did not see Brodie at all that day until I was called to the General Post Office. I saw no one posting a letter. In my luncheon time I went to Gamage's, Cheapside, to get a catalogue, which I had promised to send to him. I returned to the Post Office and posted it to him. When cashing my own orders I returned the letter which I had found to my pocket, intending to give it to the Postmaster when he arrived. I had plenty of opportunity of cashing that postal-order for 10s. 6d. when I went to Gamage's. On my return I was summoned to the secretary's office, where I told Mr. Brodie that I had picked up the letter but had forgotten to give it up. On the Saturday before Easter I was entrusted with the safe key, which I kept charge of during Sunday and Monday. At home at this time I had the balance of my pension money, £2 12s. 6d. I produce my Commissionaires' Corps Savings' Bank Book, and my discharge, marked "Very Good."
Cross-examined. I will swear I did not go down to the despatch-room at 3.15 a.m. that morning; there is nothing to make me certain, but 8.25 is my usual time for going down. The cupboard doors were not usually kept locked and when I found them open I did not report it because it was a natural thing; besides, the postman is in charge of that room, not I. I will not say they were usually open. Having charge of the keys it would be part of my duty to see that they are locked. When I found them open on this morning I did not touch them. I did not tell the postman when he came at 8.30 they were open, because, as I say, it was natural to find them so. It is true that at 9 a.m. I knew Inspector Clapham was on the premises, but I did not think he was the proper person to give the letter to; I intended to wait until I saw the Postmaster, who had not then arrived. I was arrested before I saw him. It is true that there is no postmark on the envelope of my own letter, but I may have torn that off in the course of opening it. I do not know the name of the clerk who handed me the letter. Chandler is a bookmaker and I now and again had a bet with him. I did not notice that the colour of the envelope I was opening by mistake was pink. I tore it up, still thinking it was my own letter, as it contained what I was expecting. When I found out my mistake shortly afterwards I went back to try and find the pieces and I found a few pieces; one containing the stamp and I put it in my pocket to hand it in. I found out my mistake because I found I had 5d. too much. I attached Chandler's six stamps and five other stamps I had in my possession to the postal orders and cashed them. By inadvertence one of the stamps I so attached was one of the stamps in Mr. Brodie's letter. I attached three of the stamps I found in the letter to the 10s. 6d. postal order to prevent them being lost. I may have at about 8.15 come into the street, but not with the object of watching Brodie post the letter.
Re-examined. It transpired that the stamps I put on Gamage's catalogue was not one of Mrs. Brodie's stamps, but one of my own.
GEORGE CHANDLER , bookmaker. On April 14 I addressed a letter to prisoner at the Threadneedle Street Post Office enclosing in it postal orders for 10s. and 6 penny stamps, which I did not attach to the postal orders. This is the envelope that I sent. It is in my son's Handwriting. Either he or I posted it.
Cross-examined. That was the amount of his winnings. I did very little business with him.
To the Jury. I keep no books. The previous transaction I had with him prior to this was a fortnight before.
To the Court, It is very seldom that I write the name of the payee on the postal order. He has only betted small amounts.
ALFRED WILLIAM CLAPHAM , Assistant Inspector of Messengers. At about 8 a.m. on April 15 I went down into the dispatch room at the Threadneedle Street Post Office to look at the cupboards. The doors were all shut. I remained on duty till 4 p.m. Prisoner saw me when I firs; came in. If he found a letter it was his duty to hand it to me. He never did so on that day, nor did he report to me that the doors were open. I know they were shut at 8.25 a.m.
Cross-examined. It was part of my duty to see those doors were shut. That was my first day on duty there and I was told what I had to do, so I remember this day particularly well.
(Saturday, April 27.)
Verdict, Guilty, "but we very strongly recommend him to mercy; we consider that there was contributory negligence on the part of the Post Office in leaving the place so badly guarded."
It was stated that from this post office since last August prisoner, it was believed, had cashed postal orders amounting to £10 8s. 6d.
Sentence: Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, April 26.)
Douglas pleaded guilty .
Mr. Robert Wilkinson prosecuted; Mr. E.F. Lever defended Harrington.
pair of washing gloves (produced), price 4 1/2 d., and tendered half-crown (produced) in payment. I weighed the coin, found it was very light, and told him it was a bad one. He then paid for the purchase with a good florin, I gave him the bad half-crown back, and he went out. At the police station that night I picked him out from a number of other men.
ARTHUR GEORGE WRENCH , 28 High Road, Chiswick, chemist. At about 4 p.m., on March 16, Douglas entered my shop, purchased a pot of pomade, price 9 1/2 d., and tendered half-crown (produced), which I examined and found to be bad. I told him it was bad and he paid with a good florin. I gave him the half-crown back and he went out. I followed him and saw him join Harrington 50 yards down the road. They went on together until they got to the "Roebuck" public-house, when Douglas entered, leaving Harrington standing outside. I noticed Harrington was carrying black cloth bag (produced). Douglas then came out of the public-house and they proceeded down the road together, I then left them and gave information. While in the police station I looked out of the window, saw on the opposite side of the road the two prisoners walking together towards the station, and pointed them out to the police. I then saw Douglas go into the "Prince of Wales" public-house, which is opposite station, leaving Harrington outside. Douglas came out and two plain-clothed police officers crossed the road; one-of them arrested Douglas; Harrington attempted to get away, going behind a taxi-cab which was standing there, but was arrested and they were both brought over to the police station.
Cross-examined. When Douglas left my shop I had to put on my coat before I could follow him and he had got some distance down the road by the time I got outside my shop. I caught them up and walked along on the opposite side of the road. I tried to see them without being seen myself. It is a broad road with tramlines and a good deal of traffic. I did not pay much attention to Harrington.
Re-examined. As I was walking on the opposite side of the road I distinctly saw both of their faces.
EMILY HARRIS , wife of Frederick James Harris, licensee of the "Roebuck" public-house. At about 4.40 p.m. on March 16, Douglas called for a glass of ale, price 2d., and tendered in payment half-crown (produced). I rang it three times on the counter and then gave his change, and he went out. Shortly after a police officer called, to whom I gave the coin. That evening I picked Douglas out from a number of other men as being the man who passed that half-crown.
MARGARET PERRY , wife of John Perry, licensee of the "Prince of Wales" public-house. Between 4.30 and 5 p.m. on March 16 Douglas called for 3d. worth of whisky, tendering a half-crown in payment. He then went out. The police officers then came in and I handed them the coin. I afterwards picked Douglas out from a number of other men as being the man who tendered that half-crown.
Sub-divisional Inspector ARTHUR COPPING, T Division. On March 16, a little after 4 p.m., Wrench came to the police station,
made a statement, and pointed out the two prisoners, who were on the opposite side of the road. Harrington was carrying bag (produced). I gave instructions to two plain-clothes officers. Douglas went into the "Prince of Wales," leaving Harrington standing on the kerb. A few seconds afterwards Douglas came out, rejoined Harrington, and began walking on. The two officers then crossed the road, arrested the prisoners, and brought them across to the station. Douglas, in the presence of Harrington, said, "Why should I be put to this indignity. I do not know this man. I told them they would be detained for being together, uttering counterfeit coin. Harrington said, "That is right; I do not know him. The prisoners were put up for identification and picked out by Gold, Harris, and Perry. When charged both replied, "All right; I understand."
Police-constable JAMES BORRETT, 592 T. On March 16, in conesquence of instructions from Inspector Copping, Police-constable Simms and I kept observation on the prisoners, who were near the "Prince of Wales." Harrington passed something to Douglas, they walked on a little way, and Douglas went into the "Prince of Wales," leaving Harrington outside beside a stationary taxi-cab. Simms and I followed Douglas, and saw him tender a half-crown, for which he received change. He then went out, rejoined Harrington, and they commenced to walk away when Simms arrested Douglas. Harrington then ran away; I caught him and told him I was a police officer and should arrest him for being concerned with Douglas in passing a counterfeit half-crown. He said, "I do not know the man at all. I took him to the station; he was charged; I searched him and found on him eight florins, 44 shillings, five sixpences, 1s. 2d. in bronze (all good money), and a bag, which contained three one-ounce packets of tobacco, price 4 1/2 d. each, five packets of sweets, one bottle of hair pomade, one pair of nail scissors in a case, one knife, one lead pencil, two washing gloves, and some paper (all produced).
Police-constable OWEN SIMMS, 325 T, corroborated the last witness. Mrs. Perry handed me half-crown (produced). I searched Douglas and found on him one half-sovereign, two florins, and 3d. in bronze, good money.
ARTHUR HARRINGTON (prisoner, on oath). I live at 293, Odessa Road, Forest Gate, and am a barman. On March 16 I called at the "Palace Tavern," Hammersmith, to see a pal to see if he could get me a job, as I was out of work at the time. As I could not see him at the time I took a walk to the "Roebuck" public-house, and had a drink. When I came out I saw Douglas, whom I knew as a bookmaker by the name of Robinson, shaking hands with and saying "Good day" to another man. Douglas then turned to me and said, "Hullo, young swell, what are you doing up here?. and we got into a friendly conversation.
Finally, he said, "Will you hold the bag for a moment, I want to pop across the road and do a bit of business. "Thinking he was going to do some betting I took the bag, we walked on, and then he went into the "Prince of Wales "public-house. As I had just had a drink I waited outside. Douglas came out and was arrested; I walked towards him to see what was the matter. I thought perhaps he had got into trouble over illegal betting. The police-constable then caught hold of me; I asked him what was the matter. He said, "Oh, I want you to go to the police station." I said, "What for?" He said, "Nevar mind what for, I want you to go to the police-station." A, the police station Douglas said he did not know me, and I said, "That is right, I do not know him. "Nothing was passed between Douglas and me before the arrest.
Cross-examined. I was not telling the truth when I denied knowing Douglas. At the time of my arrest I had been out of employment for four months. The money which was found on me at my arrest consisted of £1 10s., which a friend had given me that day in payment of a loan, and also of money which I have saved up. My friend paid me in silver. I gave my address to the police as "5, Dorset Street, Fleet Street, E.C. "That was a false address; I gave it because I did not want my wife, who was ill, to be upset.
Verdict (Harrington), Guilty.
Convictions proved: Harrington, September 21, 1903, Marlborough Street Police Court, three months' hard labour for stealing money; September 26, 1899, West Ham Police Court, one month hard labor? for stealing money. Douglas admitted having been convicted at this court on July 18, 1910, receiving three months' hard labour for uttering and possessing counterfeit coin in the name of Edwin Robinson; also sentenced on June 26, 1911, at this court to nine months' hard labour for stealing whisky from a public-house.
Sentences: Douglas, Twelve months' hard labour; Harrington, Six months' hard labour.
Evidence of good character having been given, prisoner, on his undertaking not to repeat the offence and to pay the costs of the prosecution, was released on his own recognisances in £200 to come up for judgment on the first day of the June Session.
HOLLEBONE, Harold Trench (24, no occupation) , having received certain property, to wit certain stock and share certificates and sums of money, the proceeds of the said certificates, amounting in all to £9,239 0s. 5d., for and on account of Amelia Elizabeth Hignett and others, unlawfully did fraudulently convert the several sums of £1,000, £100, £450, £1,260 8s. 4d., £2,500, £50, £100, £50, and £250 to his own use and benefit; having jointly with the said A.E. Hignett received the said property for and on account of the said persons unlawfully did fraudulently convert the said sums to his own use and benefit; being an undischarged bankrupt did unlawfully obtain credit to the extent of £20 and upwards, from Maple and Company, Limited, to the extent of £118 12s. 10d., and from John Henry Bell to the extent of £800, without informing them that he was an undischarged bankrupt.
Prisoner was tried on the first two indictments.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. C.F. Gill, K.C., and Mr. Montagu Shearman, jun., defended.
WALTER SCOTT , clerk to Registrar, Bankruptcy Court, Portsmouth. I produce file of prisoner's bankruptcy; Petition of debtor and receiving order, June 4, 1901; adjudication, June 15; statement of affairs, June 4, showing liabilities £2,112 5s. 7d., assets nil; undischarged.
GEORGE INGLIS BOYLE , messenger, London Court of Bankruptcy. I produce file of prisoner's bankruptcy: Creditors' petition, May 12, 1910; receiving order, June 4; adjudication, August 12. The public examination was fixed for July 21, adjourned to August 30 and to October 27, when it was adjourned sine die; the debtor has not appeared to take his public examination. There is no statement of affairs filed.
SAMUEL CHARLES , clerk, Probate Registry, Somerset House. I produce sealed copy of the will of Juliana Hirst; probate granted to Colonel Charles Harrison Hignett, sole executor, on April 27, 1909; further probate of October 9, 1909, de bonis non, granted to Mrs. Amelia Elizabeth Hignett, administratrix of Colonel Hignett. I also produce sealed copy of grant of administration to Mrs. A.E. Hignett of the estate of her late husband, Colonel C.H. Hig nett, dated July 3, 1909, and will of C.H. Hignett attached thereto.
Cross-examined. The effect of these documents is that Juliana Hirst, in 1896, leaves everything she is possessed of (except £100) to Colonel Hignett. Colonel Hignett, by his will of October 17, 1901, leaves everything to Juliana Hirst. Juliana Hirst died in March. 1909, and probate issued to Colonel Hignett of her estate, value £9,757, the net personalty being £9,712. Colonel Hignett then died and his widow, A.E. Hignett, was appointed administratrix of the joint estates, of the gross value of £11, 563.
LIONARD SAMUEL GUY , member of the Stock Exchange. I act for Hollebone Brothers, and Trench, stock and share brokers, 18, Birchin Lane. On July 14, 1909, I received letter from Mrs. Hignett: "Re Colonel Hignett. Kindly take all instructions in this matter from my son-in-law, Harold Trench Hollebone," and letter of July 29, 1909, "Kindly pay all proceeds of stock or shares sold on account of the estate of the late Colonel E.H. Hignett to the account of H. T. Hollebone." Between July 24 and November 25, 1909, my firm sold stocks and shares on prisoner's instructions to the net amount of £9,387 15s. 9d., which was paid to prisoner's account in the National Provincial Bank of England, Bishopsgate. I produce cheques, also copies of accounts rendered to prisoner.
Cross-examined. Mrs. Hignett was advised of all the transactions; she also came to the office once or twice before the sales took place.
GEORGE TUCKER ELLICOTT , cleak to the Registrar of Joint Stock Companies. I produce file of "Musical Enterprise, Limited," registered January 22, 1909, capital £12, 000, prisoner being a subscriber to the memorandum of association and articles as tile holder of a £1 share; registered office, York House, Norfolk Street, Strand. No further returns were filed. I have three letters returned to my department as undelivered. I produce file of "Captain Windham, Limited," registered February 26, 1910; capital £12, 000, the object of the company being to manufacture and deal in a water softener. Prisoner is the holder of one share and is also a director; the registered office is Carlton House, Regent Street; nothing is filed after the prospectus. I produce file of the National Provincial Insurance Corporation, Limited, registered December 7, 1904, capital £2,000. On July 14, 1909, prisoner became a director and the holder of 5, 000 shares. On February 28, 1910, there is a resolution to increase the capital to £250, 000. On December 24, 1909, there is an allotment of 5, 000 shares, 1s. a share paid up, to Arthur Hope Hignett. On June 16, 1910, prisoner resigned the directorate. On April 28, 1911, there is a return showing that prisoner had, on May 19, 1910, transferred his 5, 000 shares to Evelyn Hollebone. On July 6, 1912, there is an order of the Court for a compulsory winding up.
RICHARD GAINS BRAKE , clerk to Mr. John Baker, Receiver in the liquidation of the National Provincial Insurance Corporation, Limited, and A.W. Leany, clerk to the liquidator, produced transfers of shares in that company to and from prisoner.
ARTHUR FREDERICK BAKER , clerk, National Provincial Bank of England, Bishopsgate. I produce account of prisoner with my bank, opened June 14, 1909, to June 27, 1910, when a credit balance of £2 6s. 7d. was handed to the Official Receiver. Ten cheques of Hollebone Brothers and Trench, amounting to £8,673 7s. 2d. were paid in. (Witness gave particulars of payments out of the various sums mentioned in the indictment to "Musical Enterprises, Limited" "Captain Windham, Limited," "the National Provincial Insurance Corporation," and others). Those sums could only have been paid from the cheques of Hollebone Brothers and Trench.
(Tuesday, April 30.)
Further evidence was given as to the payment by prisoner of sums charged.
Detective-sergeant ALFRED ANDERTON, City. On March 2 I found prisoner detained at the Town Hall, Portsmouth, and read the warrant to him charging him that, having received property amounting to £9,239 for and on account of Mrs. Hignett, he did unlawfully convert to his own use £1,000 on August 4, £1,000 on November 3, £1,000 on November 12, £450 on December 4, £460 8s. 4d. on December 29, 1909, £2,500 on January 19, 1910, and a sum of £50. He said, "I
am ready to go back with you at your convenience. I have been expecting this. If I had known that the warrant was out I would have surrendered at the Old Jewry when I was in the City yesterday." I brought him to London, where he was charged. On the way he said, "What are the items in the warrant. "I read them again to him. He said, "The £1,000 is a cheque I gave Miller for the purpose of floating a rubber company. Miller gave the cheque to a man named Newman who, instead of bringing out the company paid his own debts, amounting to £900, out of it. I never received a penny back. "I went to the Granada Hotel, Portsmouth, and found a trunk containing documents, including "statement of liabilities" produced.
Mr. Gill stated that he had advised the prisoner that there was no answer to the case.
The Common Serjeant said he had been wondering what the legal defence could be, and further, what on earth could have induced prisoner to throw away the money of which his wife would have got a share; he appeared to have got nothing out of it.
Prisoner having pleaded guilty, a verdict was returned accordingly.
(Wednesday, May 1.)
Sentence: Nine days' imprisonment.
BEFORE JUDGE LUMLEY SMITH.
(Friday, April 26.)
LEWIS, Joseph (35, barber), and JACOBOVITCH, Lottie (38) ; both conspiring and agreeing together to take or cause to be taken Sarah Lefkovitch, an unmarried girl under the age of 16 years, out of the possession and against the will of her mother; Lewis carnally knowing the said S. Lefkovitch, a girl over the age of 13 and under the age of 16 years; Jacobovitch unlawfully procuring the said S. Lefkovitch to have carnal connection with Morris Hookberg .
Mr. Huntly Jenkins prosecuted; Mr. Purcell defended Jacobovitch.
At the close of the case for the prosecution, Mr. Purcell submitted on behalf of Jacobovitch that the evidence of the prosecutrix was not corroborated in some material particular implicating the accused as required by the Criminal Law Amendment Act, 1885. This being upheld by Judge Lumley Smith, the Jury were directed to find a formal verdict of not guilty, and prisoner was discharged.
Verdict (Lewis), Guilty of carnally knowing. Sentence: Eighteen months' hard labour.
BEFORE THE BECORDER.
(Saturday, April 27.)
IZARD, Claud Hamilton (40, writer), and IZARD, Rhoda Emily (28), obtaining by false pretences from Thomas Syms, the sums of £5, £5, £10, £10, £15, £10, £5, £15, £15, £5, £5, £30 and £5, and a cheque for £20 in each case with intent to defraud.
Mr. Bodkin and Mr. Gatti prosecuted; Mr. Cassels defended.
Mr. Bodkin opened the case.
(Monday, April 29.)
FREDERIC LEONARD CARTWRIGHT , official shorthand writer, London Bankruptcy Court, produced and proved transcripts of shorthand notes taken by him of the sworn evidence given by prisoners at private sittings held in the course of the bankruptcy of Thomas Syms.
THOMAS SYMS . I was admitted as a solicitor in 1891, and practised in Manchester and in London. I am married and have children. I lived near Manchester, and frequently came to London on business. In July, 1911, I became bankrupt, and part of my bankruptcy was made up of a sum of £989 3s. 2d., which had come into mv hands on behalf of a client, Mrs. Jane Yurgess. In January this year criminal proceedings were taken against me in this court, before Mr. Justice Lush (see preceding volume, p. 344). I pleaded guilty to misappropriation of the sum, and sentence was postponed. At some time prior to 1906, I formed the acquaintance of a lady called in subsequent letters "M.L.O." She died in April, 1906; I think I formed a very deep attachment for her. I have known spiritualism since 1871, and after her death I took much greater interest in it. In 1906 I saw in "Light "an advertisement in the name of "Izard." I think it stated that the medium came from Australia, and it is generally considered that mediums from that district are better developed; the conditions of life are suitable for the purpose. I went to see her at Brixton. I do not think I told her more than that I was an enquirer after the truth. I do not think she told me anything about herself; a longtime afterwards she told me that she had been a medium practically all her life but that she had not done any public work until after she came to England; at some time or other I had no doubt we had conversations about Dr. W. and Dr. Reeves; Dr. W.'s full name Dr. Walworth, was not given to me until some time afterwards; he was in the real life a clergyman of the Church of England in England. Dr. Reeves, she told me, when he was in the body, was a medical man practicing in Melbourne, and I gathered from my own consciousness (I do not think I ever had any conversation with her about it) that he died about seventy years ago; I think from what I could judge Dr. W. had died over 100 years ago. I think she mentioned at one time that there is at the present time the old hospital that Dr. Reeves set up for the poor in Melbourne; it is still designated with the same old lamp that he put up. From quite an early part of our acquaintance I
frequently had spiritualistic seances with her at the drawing room in her home, at which she and I only were present; during 1906 we had about ten a month starting from June; the same ratio would apply for 1907—200 sittings in the 18 months. I paid her charge of 5s. a sitting, paying her a couple of sovereigns, or something of that kind, a time. The seances lasted at first half an hour and then, as the conditions improved, it got to an hour. They were always in. the same room. The next address was at 76, Great Portland Street, where a room was set aside for the purpose. I saw Izard from time to time; I learnt he was working for Sandow. After a time that work ceased, and after that he did messenger work; after that he did some punting—backing horses on a system. In September last I lent him £50; I also before that lent him £100 to keep the house going; I knew on one occasion the bailiffs were in and things of that kind; I made the advances in the belief that I should be repaid. At these seances we would wait patiently for a time to arrive when the medium, Mrs. Izard, would pass into a trance condition, and through her the control, the spirit, speaks, she herself not being conscious of the words that are being used. At a very early stage there were written communications. In writing letters it was my practice to make buff sheet copies; I think the first few were taken in a letter book. A clerk assisted me in dealing with this correspondence, and I kept press copies of all my letters to the spirits; my letters to Mrs. Izard were press copied in the letter books. As early as July, 1906, I commenced writing to Dr. W. and Dr. Reeves from Manchester, and posted them to the care of Mrs. Izard; my view was (I had given no instructions about it) that the addressee would come and read my letter. I conducted this correspondence on my own volition, and had no conversation with Mrs. Izard about it at any time; I never asked her whether she had received letters from spirits, and I never saw any of the letters I had written again after having once posted them from Manchester. The only occasion on Which I had any conversation with her about a letter I had written was when I saw an unopened one after it had been there for weeks; it came as a telegram; I said I was delighted to have a telegram as it was not exactly what I anticipated would happen; I was expecting they would come and ask her to read the letter; that was my idea. I never discussed with her as to what should be done with the actual letter after it had been read by the spirit. I also used to send hundreds of postcards to different mediums. This letter, dated July 3, 1906 (Exhibit 12) appears to be the first; I expected Dr. W., the addressee, to come and ask Mrs. Izard to open the letter and read it to him. None of my letters were returned by the Post Office; I posted every one myself. Exhibit 13 is a letter dated July 3, 1906, from myself to Dr. Reeves, asking if I am erring in writing to him direct and not through Dr. "W.," giving some particulars about "M.L.O." and concluding, "I sometimes doubt the identity of my beloved because she never mentions this loved boy. I hope to be with you on the Thursday." Up to that time I had not given any details to Mrs. Izard about "M.L.O. "; I wanted to get everything
without giving anything or else there would be no test. Exhibits 14 and 15, dated July 11, 1909, and August 8, 1908, are letters from myself to her. The latter is headed, "My dear old Postman," his name, given me through the lips of the medium, was "M. Laurent "; I understand in life he was a French chemist; he was either the one who lived in 1793 and had his head cut off, or else he was the one who lived in about 1850; they were both chemists. As a chemist he would be able to dematerialise my letters and thus to deliver them to the addressees in the spirit world. Mrs. Izard did not tell me anything as to what his duties were; the fact that he was described as a dematerialising spirit was sufficient for me to fill in all the details myself. He could also rematerialise. I cannot say whether up to that time I had received any letter from "M.L.O." I see I say in the letter, "Yet even she has never yet been able to write me in her own beloved scrawl." Exhibit 16 is a letter to me, dated October 15, 1908 purporting to be signed "W. Reeves "; the handwriting beans every trace of the medium modified by the control, Dr. Reeves; as a spiritualist, I say it is his handwriting; the signature is clearly in his handwriting; it says, "My dear Syms, Your letter dated October 15 to hand. Yes, I will be delighted to rise to the occasion. Your wife is laughing at my first attempt. This is a rotten pen and this is all the paper I can find here. In haste, yours ever, W. REEVES." He is referring there to "M.L.O." The handwriting on the envelope is the medium's controlled handwriting, which is much different from her normal handwriting; it is posted to me in Manchester and is stamped. Dr. Reeves is holding the pen through the medium; he is in possession of her body and guiding her hand. I know that to be the fact; it is more than believing. Exhibit 17 is a letter from me to "M.L.O.," in which I say that I would send Dr. R. the "flimsy" on the morrow; "flimsy" means a £5 note; I have no recollection from whom I got that expression. In addition to buff-copying my letter I also recorded the numbers of the notes I sent. I enclose another bank-note in my letter to Dr. Reeves of April 21, 1909 (Exhibit 17 was read). The spirits never offered me any explanation through the medium as to why the notes were wanted in the spirit world. In April, 1908, I learnt from her whilst under control that they wanted money; one of the controls said, "Watch rubber. You will have to get money to enable us to manipulate the market," and I was perfectly willing to do whatever they wanted; it was necessary that the money should be sent in order that they might, through the medium buy rubber shares; the initials of "W.W." were given as the person connected with watching rubber; I do not think anything was said as to how it was to be done; twelve months elapsed between that suggestion and the first request for money; I do not think I had anything in my mind but that it should be used for the purpose suggested twelve months before. I cannot say what became of the note I enclosed in (Exhibit 17). Dr. Reeves could do what he liked with it and if he instructed the medium to pay it to a furniture dealer in Great Port-land Street, I was quite satisfied; the letter asking for it does not say
anything about it being used for rubber operations. Exhibit 19 is another letter, dated May 24, 1909, from Dr. Reeves to myself, in. Mrs. Izard's controlled handwriting, asking me for another "flimsy" I do not think I had sent him one between April 21 and May 24. I complied with the request on the following day (Exhibit 20 was read). In Exhibit 21 I write to "M.L.O. ": "I promptly attended to Dr. Reeves's request, though, so to speak, it was the last shot in my locker. My business is finished. I have no income, so to speak. My expenses are about £20 a week. I have to find my bankers £100." Exhibit 22 is a letter I received from "M.L.O." saying that Dr. Reeves wanted to write to me, but when he found she wanted an excuse he very kindly gave her permission to do so. He wanted me to send £10 and that I was to send it by letter so as the medium would not know. This is in the handwriting of Mrs. Izard controlled by the medium. By Exhibit 23 1 send Dr. Reeves £10, saying "The common or garden idea is that cash is of no value, but here we find you insatiable." I had no knowledge at any time that anyone but Dr. Reeves used these notes. In Exhibit 24 Dr. Reeves asks me for a further "flimsy," and says, "Your wife looks very charming and sends her fondest love." I had not noticed until now that no letter asking for money came from Dr. Reeves without a reference to "M.L.O." I noted on every letter I sent the number of the note. Exhibit 25 is the letter in which I send him £5. In Exhibit 26 I write "M.L.O.," enclosing £5, and saying, "I will not disguise from you the serious condition of my finances, and that nothing short of a miracle could save me from disgrace." (Mr. Bodkin pointed out that this note was admittedly endorsed by Izard.) As I have said before, if Dr. Reeves told them to use it was satisfactory to me; I take it the husband would be requested to do it by the wife. Exhibit 27 is a letter from Dr. Reeves asking me for another "flimsy," saying, "Your millstones are probably only pebbles." I believed that to be a genuine letter actuated by the spirits. I am bound to say that I could not get any communication from the prisoners to the effect that any of these spirits had come and said to her, "Use the notes yourself." In the Exhibit dated December 21, 1909, I write to Dr. Reeves, enclosing £5 and saying, "Just think—not one fraction of help has been fulfilled. Plenty of chance, but all denied, and that sometimes tempters whispered to me, 'End it all, old chap, You have firearms, you can get cyanide of potassium, as much as you like; if you do not there will be bankruptcy, public disgrace, the dock and the cell, all because you relied on your spirit friends. You will be the last example of that great superstition 'spiritualism'" Of course, I have not a shadow of idea how it is possible for you to utilise these 'flimsies.' I prefer to place all these conflicting views and emotions upon record, so that who shall ever have the subsequent reading of these records shall be able to judge by the subsequent results as to whether my faith was justified." On October 1, 1909, I write to "M.L.O." Exhibit 124, in which I say that in spite of Dr. Reeves' assurances to the contrary, Mrs. Izard's child just born was a girl, and that I could trust nothing from the spirit world. Mrs. Izard herself had thought it was going to be a girl. In
Exhibit 36, dated December 31, 1909, I write to "M.L.O.," enclosing a further £5 which had been requested, and stating that I would send it, even if it were the very last, that I had nothing except other people's money, and that unless the miracle did not materialise, there was nothing but shame and disgrace for me to face. On January 5, 1910, I write to Izard asking him to return the £100 I had lent him. Mrs. Izard replied that her husband was at Newbury and quite by accident she had opened this letter; she stated that it; was impossible to return me the money as at present they were living on credit, and that her illness and confinement had taken her little ready money. A few days before this I had had a conversation with the prisoners, and I gathered from Izard that he was expecting his mother in New Zealand to help him. There is no connection between Exhibit 37 and Exhibit 89, which was shown me twelve months later. He showed me Exhibit 89 which was a letter from his father in New Zealand, signed "John Knowles "; he explained to me that his mother had taken him when an infant away from his father, that she had adopted the name of "Izard" to conceal their identity from him, and that he did not know his name was not "Izard" until he received this letter. In Exhibit 39 Dr. Reeves asks me for further "fivers," and by Exhibit 40 I write him, enclosing those notes, and I congratulate him upon the improvement in his handwriting, which I presumed arose from the great improvement in the physical condition of himself and the medium, but saying that his caligraphy was still tinged with that of the medium. Exhibit 41 is a letter from Mrs. Izard to me in her own handwriting, stating that "M.L.O." was there and sent her fondest love. The latter part of the letter is written by her under the control of "M.L.O. "; it states that Dr. Beeves has received my letter with enclosure and wanted two more "pieces of paper" at once. It has not occurred to me that the latter part might have been written with a finer pen than the first part. In Exhibit 42 I write "M.L.O.," enclosing the notes. Exhibit 43 is another letter from Dr. Reeves, asking for two more notes, and I complied with that request. The first part of Exhibit 46 is in Mrs. Izard's normal handwriting, but the second part is her handwriting controlled by "M.L.O. "; it asks for more money and says that Dr. Reeves had told her that he was dealing in rubber. By Exhibit 47, I write Dr. Reeves, enclosing a £5 note and saying, "Well, your spirit people are funny. You smell the oof-bird. You must hear him sing before we do. It is an inconceivable mystery to me as to how you can be manipulating the boom. Trust that after-revelations will turn this cimmerian darkness into glorious light. "Exhibit 48, dated March 8, 1910, is in the natural writing of Mrs. Izard, followed by a controlled letter from Dr. Reeves asking for another £20. In Exhibit 49 I write enclosing it and saying that, while he was" with my beloved" in Putney taking possession of Mrs. Izard, he had slipped in to cheer my drooping spirits, and he had told me of his work in the rubber market, and that if I had not been able to obtain £20 I would have pawned my watch and chain. Explaining that letter, I may say the proceeds of what I expected to be done were not to be for my own personal benefit, but were to be utilized in rescue work—for instance, the
vast work to be done by putting down the white slave traffic. Dr. Reeves had said he would meet me in the body at my bankers to give, me the proceeds of the rubber speculation. Materialisation in a body is a common phenomenon in spiritualism. Exhibit 50 is a letter from Dr. Reeves asking for a further four "flimsies," saying that rubber is going up and up. In Exhibit 51, dated April 5, 1910, I send them, saying that it would require a miracle at the hands of my spirit friends to explain away the circumstantial evidence against the medium, but I knew that not one note had been diverted by her to her own use. Exhibit 52 is a letter, dated April 6 from Dr. Reeves, asking for a further four "flimsies." I notice that the word "sore" is spelt "saw." (Mr. Bodkin referred to a passage in the private examination in bankruptcy of Mrs. Izard, where, on being asked to spell "sore," she had spelt it s-a-w. ") I am sure she was not under control in the witness-box. I Exhibit 53 I enclose a further £20. In Exhibit 54 Dr. Reeves asked for a further five "flimsies," and in Exhibit 55, dated April 20, 1910, I refuse to send them, stating that I could not go on any further and that my faith was now hopelessly wrecked. "I go back to Manchester to face disgrace... I will face the consequences; but I decline to be tooled or fooled any longer.... If I offend, pray forgive me, but it must be now if help is available." I had not got the money at the time. Exhibit 56 is a letter from Mrs. Izard, stating that Stella, her little daughter, was still very seedy, and that Dr. Reeves would not let her go to Paris. "M.L.O.," in the latter part of the letter, in the controlled handwriting of Mrs. Izard, asked me to lend her £25. In Exhibit 57, dated April 22, I write apologising for having refused, and enclose five more notes. May 6, 1910, was my sixtieth birthday. I got on that day this telegram from "M.L.O. ": "Many happy returns. Send two five pounds to me. Love. Mud." It is quite possible to Mrs. Izard to be controlled while she was in the post-office and so write the telegram. I believed it to be a telegram from "M.L.O.," and I sent the notes. I am quite sure I never discussed the date of my birth with Mrs. Izard. I was born in England. Whatever was done with the notes, I am quite satisfied was done with Dr. Reeves' authority. On May 24 I got another telegram, this time from Dr. Reeves, asking for two further notes; I believed it to be genuine and sent them, stating in my letter that I "refused to comply with further requests until I am placed in full possession of the facts and the reasons which can justify me to my fellow-men.... I have for months past been using money not my property." On June 16, 1910, I received this letter in Mrs. Izard's normal handwriting, saying that she had had a long talk with Dr. Reeves, and that what troubled her was that he had asked her for £30; that she had not this money, and asked me for advice in the matter. On that letter there is a memorandum in my writing that I had complied with the request by leaving six £5 notes with the medium addressed to Dr. Reeves. I remember about this time coming to London and staying at the City Central Hotel. I put an envelope containing the notes in my bedroom at night to give the spirits an opportunity of coming and taking it, but in the morning I
found it had not gone, so I posted it to Mrs. Izard. I got this letter (Exhibit 63) dated June 18 from Mrs. Izard's in her normal handwriting saying that she was glad to hear I was coming to London and that the letter I had written to Dr. Reeves had vanished into thin air; it does not refer to'the letter containing the notes in any "way; the date is too early. It is true that; under date of June 22 there is a debit entry in my passbook of £36 15s., which was cashed into banknotes, but Exhibit 63 cannot, refer to those notes as that letter is dated June 18. Exhibit 64 is a letter dated July 24 from Dr. Reeves asking me to "beg, borrow, or steal "£50 for him. I replied by Exhibit 65 that I could not do this and that I was expecting him to find me £5,000 that next fortnight or so and asking him to give me some proof of his success'so that I might "be spurred like a willing horse to further efforts." He wrote me by Exhibit 66 that there had been no failure, that I would be at liberty to ask for £5,000 before long, that they did not ask for the £50 "for the fun of the thing "and that it was "far, far better thing we are doing than we have ever done. I am only an instrument used in a great, grand plan. So are you." I wrote Exhibit 67 apologising, but saying the drain was awful and reminding him of the cash he had had since our walk by the river; I was referring to an occasion when walking with "M.L.O." (Mrs. Izard under control) between Putney and Hammersmith; he had slipped in and asked for some banknotes; I never went to the Bank of England to see if there were any endorsements on these notes I was sending. By Exhibit 67 I enclosed him seven banknotes and by Exhibit 69 a further three banknotes, as instalments of the £50 requested. In Exhibit 70 Dr. Reeves writes me thanking me and saying that there were a number of surprises in store for me. I wrote him Exhibit 71 "per Mrs. Izard's post, "which meant the same post as before, "M. Laurent." I paid nothing extra for postage to the'other world, but they may have had to pay something at the other end before they got the letters. Exhibit 73 is a telegram from Dr. Reeves handed in at Putney asking me for £10 or £15 if possible, and saying, "Peace with Honour.' I wrote Exhibit 74 laying that that expression had given me inexpressible relief and enclosing £10. On December 6 I wrote Exhibit 75 enclosing two further banknotes, this making the last instalment of the £50 requested; I stated that I was going on the Continent. I went to Scheveningen and had Exhibit 76 from Dr. Reeves dated September 15, 1910, saying that he would pay into my account certain sums of money in the last week in December, but asking me to let him have in the meantime three or four "flimsies. "I had no banknotes with me so I sent a cheque for £2(0 td Mrs. Izard asking her to cash into notes and lo put them in an envelope with a letter I enclosed and addressed it to Dr. Reeves. Exhibit 80 is the cheque made payable to "W. Reeves, or Bearer." I believed those directions had been carried out. (Mr. Bodkin referred to the evidence of Mrs. Izard given at the private meeting, wherein she had stated she had complied with these directions and having placed it in the usual way on the table it had disappeared. He stated that in due course
it would be shown that this cheque was cashed into gold.) On October 15, 1910, I wrote Exhibit 78 to Dr. Reeves, saying that I had not received an acknowledgment of the four "flimsies" I had sent, and "I hear rumours are rife in your world that they never reached their destination." I had not heard thai the cheque had been cashed into gold; I never asked either of the prisoners, nor was I ever told by them. Exhibit 79 is a letter from Dr. Reeves telling me to cheer up, and saying that he wanted £30. I do not know whether I sent those notes. In Exhibit 84 "M.L.O." writes me to have faith and asking me to send Mrs. Asser £15 to £20, and that Dr. Reeves had received the four "flimsies." I believed that the statements in that letter were true. The payment to Mrs. Asser was with reference to a guarantee in respect of some slumming work which was being done; she sold underclothing for girls that were being rescued, and I guaranteed the payment for the clothes which Mrs. Izard ordered in her own name. I subsequently paid the bill. I know Mrs. Izard never wore the things. Two girls that were being got out of a disorderly house had to be sent away, and the clothes were given to them, although I did not see them ever wear them. Exhibit 85 is a letter from "M.L.O.," saying that Dr. Reeves wanted a "flimsy" by return. In it she requests me to send it by Mr. Izard under cover, by which means Dr. Reeves would get it rather quicker. I gave the envelope containing the £5 note to Mr. Izard, but I do not know that he knew what it contained. I did not know that it was to be paid to a grocer. He was to take it to Mrs. Izard; I never thought about the purpose for which it was going to be used. At the end of 1910 the prisoner moved from the south side of London to 41, Antrim Mansions, Hamp-stead. He then adopted the name of "Hamilton Knowles "; it was about a fortnight before that that he showed me Exhibit 89. Exhibit 87 is a letter from Mrs. Izard referring to a guarantee to a Mr. Simmons, a furniture dealer, for second-hand furniture that they were buying on the instalment system; I went with her to see him, and she then passed under the name of "Knowles." In that letter, Dr. Reeves, in Mrs. Izard's controlled handwriting, asks me to forward a further six "flimsies," and endorsing the'Izards' taking of a particular flat; some places are absolutely unfitted for psychic work. He had had out of me by this time, I should say, about £300. By Exhibit 88, dated November 21, 1910, I enclose the £30 requested. Exhibit 90 is a request from Dr. Reeves for further money, and in Exhibit 91 I write enclosing it. At this time I gave Mrs. Izard £5 to help her to pay the expenses of removal, and Exhibit 92 is the letter from her acknowledging it. In January she was again confined, and in Exhibit 93 she writes me that she is well on the way to recovery and that she had just held a levee of her spirit friends, which had cheered her up. At the conclusion there is a request from Dr. Reeves, in her controlled handwriting, asking for more money and stating that this was the last request and that he was bringing his instrument to Manchester as soon as this business was over. In Exhibit 94 I enclose four further notes, which were the last I sent as far as I remember. I had also views
as regards rescue work in the spirit world; it was a very small thing, and Dr. W. was the one who directed my mind into that channel; the work was being done by "Little D." For this purpose I sent postal orders to them in the same way as the notes, in the care of Mrs. Izard, and I produce counterfoils for them; altogether in two or three yean sent about £5 in shilling postal orders. In July, 1911, after my bankruptcy, the prisoners called on me. I had not been present at their private examinations. Izard said they had asked him why his name was on four £5 notes, and he said he had done it at the request of Dr. Reeves, and had he done wrong? I said, "No, you did exactly what I should have wished "; I believed that he had been requested to do so by Dr. Reeves; I cannot pledge my memory as to whether he mentioned four or more; he said he had changed them into some money which he had handed to his wife. His wife, who was present, said that she had placed the gold in the usual way on the table and it had dematerialised. I said she did quite right to do as Dr. Reeves wanted. I do not see the connection between the four notes, the proceeds of the cheque cashed by Mrs. Izard, which she turned into gold, and the acknowledgment by Dr. Reeves of four "flimsies." Before this interview, the prisoners had not told me about this dematerialisation of sovereigns; there is no difficulty at all in that being done, although I cannot explain how. I paid some money to Swan and Edgar because I had guaranteed Mrs. Izard's account there. I think this was at "M.L.O.'s "request when I was in Holland; it came through the lips of the medium. Within a day or two of guaranteeing the account I wrote to "M.L.O. "saying that I had done so, and posted it in the ordinary way to Mrs. Izard; the request would be in the autumn of 1910.
Cross-examined: Prior to six years ago I attended seances at Manchester, Liverpool, London, and Preston, and during the past six years I have attended seances with twenty different mediums. I have an absolute belief in spiritual phenomena, and I know that there can be connection between the spirit world and people upon this earth. I have also had experience of materialisation of individuals; a spirit form comes and takes unto itself the body, extracting from the medium the material matter with which to build up its own body and making itself visible to the human eye. Such spirit forms have been visible to me, but not with Mrs. Izard, as she is not a materialising medium. My idea of control is that the ego is taken out of the body and the control power enters and uses the body. It is my invariable experience that mediums have their special controls. "M.L.O. "has controlled more than one medium, and I got into communication with her before I knew Mrs. Izard. I have also had written communications in the same way from a different medium. 1 first acquired this knowledge of the possibilities of spiritualism in 1872, and I have put mediums with whom I have had experiments to tests in order to satisfy myself. I got from Mrs. Izard a decided test. When "M.L.O.'s "body was put into the coffin, I put in with it a boa that was my last present to her. Without having given any information to Mrs. Izard as to this, and without
any information coming to her from anybody else so far as I knew, she described to me—when she had got into communication with "M.L.O."—this boa, which "M.L.O." was then wearing round her neck. I am not satisfied with the way in which Dr. Reeves has used her; it does not fit the facts to say that she has got the money and has spent it. I have not a shadow of doubt of the existence of the spirits I have mentioned. It is not true that the letters which came from them to me are the concoctions of Mrs. Izard; on the contrary, she is the most perfectly honest woman that ever I met. "M.L.O." died on April 10, 1906, and in June, 1906, I first came into association with Mrs. Izard. I knew that Izard, was earning something, but I do not think they were rolling in wealth at that time. The first letter in which Dr. Reeves asked for money is April 21, 1909. It is as common as daylight for people in the spirit world to communicate with individuals upon this earth in the way in which Dr. Reeves communicated with me. It would be possible for Dr. Reeves to request a clairvoyante to make use of the money and it would not be a proper thing for her to make any communication to me concerning the matter. Izard never took any part in the seances, although he has helped me under protest at times when I have been dealing with some obstreperous spirit friend or someone I could not master; some of these spirits have been living in a state of hate and malice for many years and he helped me to physically bind them until I could get them under control. This has happened half a dozen times in Mrs. Izard's home. They were in possession of Mrs. Izard and he assisted me to hold her whilst I bound the spirit with the psychic force that I am possessed of. This Started about the end of 1908. I have had several conversations with him about the philosophy of spiritualism and he was certainly a believer in it. In the spring of 1909 he declared that the sittings must cease as they was injuring his wife's health, but she said she would go on with it whether he liked it or not. I never discussed with him at any time the question of my sending money to Dr. Reeves. The amount of my liabilities in bankruptcy was over £5,000. Dr. Reeves knew that I was in serious financial difficulties, but he went on asking for money; that is a mystery I cannot fathom. The total amount which has passed from me in these spiritualistic investigations is £300, but there is also £100 that I parted with to keep the house going and a further £25; altogether it comes to £500. The balance of the money to which I pleaded guilty of misappropriating went to other mediums, and, of course, the expenses of the office were going on. I paid the other mediums in the same way. One lady led me on a wild goose chase about a ship, which I found to be untrue. We are bound to admit that it is possible that there are dishonest mediums, but it may not be the medium's fault; it may be the controlling power. I think that at an early date in the period I knew them the Izards might have asked me for £2 or £3, which I advanced on account of sittings. Although Mrs. Izard saw all the buff copy letters which I kept of my correspondence she never asked me to destroy them.
Re-examined. If the Izards had asked me for money for themselves I should have done my best to help them, but my circumstances did not justify me in being generous to the degree of giving them £10 or £20 or £30. I have had scores of seances with Mrs. Izard when I have left without having heard something from the other world; we could not get a control after having sat about an hour. I paid her 5s. in any event. I was acquainted with half a dozen, mediums before I went to Mrs. Izard. These obstreperous spirits that I have referred to came from the Tower. I know this to be the fact, because we had been to the Tower and afterwards I looked up Ainsworth's History of England and I found the names were there as people who had been beheaded, and otherwise. They wanted their revenge. Some of them I had never heard of. One spirit named Manger told me that he was not a headsman as described by Ainsworth, but a hangman. When possessed by these spirits Mrs. Izard was physically violent and you could not hold her.
(Tuesday, April 30.)
THOMAS SYMS , recalled, further cross-examined. I sent the first £5 note in 1909 at my own suggestion; that is my view at the present moment. I should say that the suggestion that there was a private arrangement between myself and Mrs. Izard that she should write me these letters from the spirit world and the story I have told about the spirits is all untrue, is absolutely untrue. I was not carrying on an immoral intercourse with her in 1908 and 1909; I was doing so with the one who was controlling her; she herself was not cognisant of it; that is my view. I am the father of her child, Beryl. I cannot admit that I sent her these notes by a private arrangement with her and when she was not under control; I swear I did not do so. Izard did not know of the relations that existed between us and I cannot admit that I sent the money to her in this way to keep the truth from him; I have no recollection of any such arrangement; I will say definitely it is not true. I have not said to her that if she put forward this defence I would deny it. It is true she came several times alone to see me at Brixton. I did not tell her that in the form put to me. It was in the air but they had not actually been charged. I had by then made the statement that I had parted with clients' money under the influence of the spirits. I told her that I would never tell what were the relations between us but I never said I would deny it on oath. Izard has hinted sometimes but he has never suggested it was so. When I was in prison I told Mrs. Izard that we must be martyrs to spiritualism. I cannot say that I sent the money to her because I was having intercourse with her and was the father of her child. In October, 1908, she and I went to Paris ostensibly to deal with the Revolutionary period, which appealed to me; as a fact, we had intercourse; that was the commencement of it and it has been continued ever since. I have had immoral intercourse with other mediums, but this story about the spirits I do not admit to be a cloak for the grossest immorality; I agree it is used as such.
Further re-examined. Beryl was born on September 29, 1909. I feel sure I am the father. It is true that before October, 1908, I had not sent her any money for the spirits. I had lent a few pounds which were worked off in sittings. I did not keep any record of the £100 I advanced. When these relations first began she was in a trance, but later on I do not think she was. It was my view that she was in a trance in Paris when these relations commened. We did not occupy the same bedroom there and we did not pass as man and wife. If we had, proceedings in the Divorce Court could have been commenced against us, but I do not think that is the reason why we occupied separate rooms. The real reason was that the husband must be able to write to his wife which he could not do if she was passing under my name. He did write to her as "Mrs. Izard." That was thought of by me before I went and I must confess that I went there for the purpose of having immoral relations with her. I give her the credit that she had not the shadow of an idea of it. She learnt of my intention for the first time last April. I think I must have written twenty or thirty letters to the spirits before these relations began. The first one I received from her controlled handwriting (from "M.L.O. ") was on October 15, 1908 (Ex. 16), after our visit to Paris. I cannot remember ever having received a letter from a spirit before that date. When I was cross-examined by Mrs. Izard at the police court no questions dealing with this subject were put to me. Mr. Rowe, a solicitor in the office of the Director of Public Prosecutions, took a statement from me (on January 19, 1912), wherein I said, "I had no intercourse with Mrs. Izard." I am bound to say I deceived him. I avoided telling the whole truth in the police court. The medium I refer to in my statement was the medium I referred to yesterday as having had led me a wild goose chase about a ship. I admitted in my statement having had immoral relations with her, but I deny it as regards Mrs. Izard because the circumstances were different.
The Recorder asked Mr. Bodkin if, after the witness's admissions, he thought he could carry the case any further?
Mr. Bodkin stated he would be satisfied if the question were put to the jury.
The Recorder, addressing the jury, stated that he thought yesterday the witness was a lunatic. He now asked them, after having heard this story, which he described as "the most shocking that had ever been heard in a Court of Justice," whether they wished to hear any more.
Verdict, Not Guilty.
Mr. Bodkin stated that it was now clear that the witness had been deceiving those who had undertaken the prosecution. The true facts had never been suggested till this moment.
Upon further indictments for larceny and perjury no evidence was offered, and formal verdicts of Not Guilty were entered.
The Recorder, in discharging the prisoners, strongly advised them not to recommence the holding of these seances, with the accompanying fictitious representations about spirits, because they were liable to be proceeded against as rogues and vagabonds.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, April 27.)
SULLIVAN, Thomas (56, tailor's presser) , forging an order for the payment of £40 7s. 10d. with intent to defraud; uttering the same well knowing it to have been forged; altering a cheque for £4 7s. 10d. so as to make it appear to be for the sum of £40 7s. 10d.; uttering the same with intent to defraud. Mr. Muir prosecuted.
GEORGE FREDERICK BARTLETT , tin utensil manufacturer, 40, Earl Street, Edgware Road. On March 18 I drew a cheque for £4 7s. 10d. and put it in an envelope addressed to Harding and Sons, Limited, Long Lane, S.E. I crossed the cheque. The 4 has been altered to 40 and the crossing erased.
WILLIAM PRATT SEELEY , cashier, London City and Midland Bank, 219—221, Edgware Road. Prisoner presented the cheque on March 19 at 3.30 p.m. I attended to four or five customers while prisoner was there. I cashed one small cheque. When prisoner handed me the cheque I looked at it for about thirty seconds and came to the conclusion that it had been tampered with. I told two junior clerks to bar the exit. Prisoner made no remark. The manager was fetched. He said to prisoner, "How did you come by this cheque?"Prisoner said, "I picked it up in Maryletone Road. "The manager then said, "Was it open like this?" Prisoner said, "No, it was in an envelope. "The manager said, "Where is the envelope?"Prisoner said, "I took the cheque out of the envelope because the envelope was so dirty and I threw it away."
Crossmdash; examined by prisoner. There were 10 or 12 people in the bank when you came in. I was not talking to a young woman at the counter. I did not give her some money in paper. It is not true that you put the cheque on the counter and I looked at it and went behind a partition and you did not see me any more. Previous to attending to you you had a good four or five minutes from the time you handed me the cheque to the time I went to the back. You made no remark whatever.
certain things on it. I said to prisoner, "Where did you get this cheque?" He said, "I picked it up in Marylebone Road." I said. "Was it like that?" meaning open. He said, "No; it was in an envelope, but it was dirty and I threw the envelope away." I said, "You will have to tell that story somewhere else; the crossing has been taken out and the amount altered." He said, "I did not know it was a cheque. I have never seen a cheque. I thought it was a bank-note. I did not expect to get money for it. I thought I should get a reward for bringing it on." It had been raining in the morning.
Police-constable JOHN JONES, 460 D. Prisoner was given into my custody on March 19 at 3.55 p.m., on a charge of forging and uttering a cheque for £40 7s. 10d. He said, "I only picked it up in the street."
Detective GEORGE YANDELL, F. I asked prisoner if he could furnish me with the names and addresses of any persons he had been employed by. He said, "I have been out of employment the past two or three weeks. "I went to two persons whose names he gave me and find he has hitherto borne a good character.
THOMAS SULLIVAN (prisoner, on oath). I was coming through Marylebone Road when I picked up this cheque. It was in an envelope, there was no writing on the envelope, and on account of it being so muddy I threw it away. When I put the cheque on the counter the gentleman behind the counter took the cheque; how long he was looking at it I do not know. He went behind a partition and I saw no more of him until he came into the manager's room. The manager asked me how I came by it. I told him I picked it up in Marylebone Road. I gave him my name and address; he wrote it down. He sent for a constable and I was given in charge.;
Cross-examined. I found the cheque between Northumberland Street and Circus Street. That is not more than five minutes' walk from the bank. I was smoking a pipe when I was arrested. I had a pocket-book, two keys on a little ring, and a tailor's thimble. I believe they are here. I had them at Brixton. I had no handkerchief and no money. I was going to Westbourne Park when I picked up the cheque. I had to inquire my way to the bank of a man selling papers. I showed him the cheque. I did not know what amount it was for until he told me. He did not tell me it was a cheque. I could not read it so I could not tell whether it might have been an advertisements that somebody had thrown away. I thought from the colour of it it was a note. I have seen notes in money-changers' windows. To-day is not the first time I have said that I showed this cheque to a man who sells newspapers. I could not say to whom I mentioned it. I did not tell the magistrate. I only saw one person being served while I was in the bank—a young woman. I thought I might receive some recompense for taking it to the bank. I meant to tell them I had
found is as soon as I had an opportunity to speak. I had no opportunity according to my idea. I did not know it was the rule to go into a bank and put a cheque down and say anything. I was not asked any question by the cashier. (To the Court.) I did rot think of telling the cashier, "I have found this bit of paper; it is yours." If it had been a good cheque and belonged to myself I should have asked for the money. I should not have stood there and said nothing.
Police-constable JONES, recalled. I searched prisoner. I found on him a pocket handkerchief, no pipe, tobacco, pocket-book, keys, or money.
Prisoner. These things are here now. They have never been out of my possession while I have been at Brixton.
Sentence was postponed to next Session.
BEFORE THE COMMON SERJEANT.
(Monday, April 29.)
ELLIS, Albert Edward (25, labourer) pleaded guilty , of being bailee of a bedstead and other articles, the goods of the Highbury Furnishing Company, Limited, fraudulently convert the said goods to his own use and benefit, thereby stealing the same.
It was stated that prisoner, who was a man of excellent character, had entered into a hire purchase agreement for the furniture, got into difficulties about the payments, and sold the goods and disappeared. He voluntarily came to the office of the Highbury Furnishing Company and was given into custody. Prisoner stated that he was willing to pay in instalments.
The Common Serjeant said that he did not think much of these catching agreements, but prisoner had sold what strictly was not his own. He would be released on his own recognisances to come up for judgment on June 11, when the court would hear how much he had paid.
ASHLEY, Edith (41, tailoress) , stealing a letter containing a banker's cheque for £1 18s. 4d., the property of Minnie Collins. Forging and uttering, knowing the same to be forged, the endorsement on the said cheque for £1 18s. 4d., with intent to defraud.
Mr. J. Campbell prosecuted.
MINNIE COLLINS , 31, Silver Square, laundress. On January 26 I was liberated from an Inebriates' Home, and went to live at 21, Little Drummond Street. Next day, January 27, I was sentenced to one month's imprisonment at Clerkenwell Police Court. At that time I was expecting from the Rev. Mr. Burden gratuity money which people are given when they come out of an Inebriates' Home. In the cells I met prisoner for the first time. As she had to serve one day I asked her to take a note, which I wrote on a piece of paper, to my landlady,
telling her to keep my letters. I did not tell prisoner I was expecting my gratuity money. On February 28, after I came out of prison and was living in Soho Square, I received a letter from Mr. Burden, in consequence of which I went to the police. I gave prisoner no authority to keep my letters or to sign my name.
Cross-examined by prisoner. I did not tell you that I would not like to face my landlady, or ask you to get the money and meet me outside the prison when I came out. I would not tell a strange woman that. I told you I had a parcel at the cloak-room at the station, the ticket for which I had lost. You suggested that you should go for it, but I refused.
Re-examined. I did not sign cheque produced, nor did I get the money.
Detective FEED KIMBEB, Y Division. On March 12, at 9 p.m., I saw prisoner at 10, Francis Terrace, Junction Road, and told her she would be charged with stealing a cheque from 21, Little Drummond Street, on January 29. She said, "I do not know what you mean. I forget." On the way to the station she said, "I wish to say I should not have broken into the cheque, but I have not done any work since a fortnight before Christmas."
To prisoner. You said, "I should not have broken into the cheque," not "I should not have broken into the money."
MINNIE CHEW , 21, Little Drummond Street. Minnie Collins took a room in my house. On January 27 prisoner came and told us that there was a letter going to be delivered for Miss Collins, and she was to mind it till Collins came. As the letter had not arrived then, she called again on January 28, when I gave her a letter which had come for Collins. Prisoner never gave me any written note.
To prisoner. You said you must have the letter, and would not go away until it was given to you.
ANNIE CHEW , mother of last witness. On January 27 I answered the door and saw prisoner. She told me she was to have a letter that was to come to my address for Miss Collins which was coming on Monday, January 29, that she was a great friend of Miss Collins, and was going to take care of this letter for her, as she was at Clerkenwell Police Court. Miss Collins had taken a room at our house, but had never lived there. On Monday the letter came.
VIOLET STUART , clerk to the Rev. Mr. H.M. Burden, Warden to the Royal Victoria Home for Inebriates. Minnie Collins was at the Midland Counties Reformatory at Chesterfield. When she was discharged she was entitled to a gratuity. I made out cheque (produced) for £1 18s. 4d. on the London County and Westminster Bank, Shore-ditch Branch, dated January 29, and saw it signed by Mr. Burden.
HERBERT GEORGE HILDRITH , cashier, London County and Westminster Bank, Shoreditch. On January 30 prisoner tendered open cheque (produced) for payment. I paid it. It was endorsed, but not in my presence.
Prisoner's statement at the police court. "The lady gave me the paper. She told me to put her name on the back of the cheque and to get the money. I was to meet her on the morning she came out
of prison, ana she would give me a shilling. She said she did not like to go to the landlady herself when she came out of prison."
Sentence: Nine months' hard labour.
WITHNALL, Samuel (64, dealer) , being entrusted with three gold watches and other articles, the goods of William Marcus Lightfoot, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. E.M.V. Roderick prosecuted.
JAMASINA LIOHTFOOT , wife of William Marcus Lightfoot, 158, Albion Avenue. On August 25, 1911, I sent for prisoner, and asked him to sell me three gold watches, two antique glass sugar basins, a trifle dish, 11 custard glasses, and a small tumbler. He said he would get £2 10s. for the trifle dish, £5 to £6 for one of the watches, £4 or £5 for another of the watches. There was no limit as to the price he was to sell them at; he was to do his best. He said he would bring me the money when he had sold them. He took them away, and I did not see or hear of him till two months ago.
Cross-examined by prisoner. I gave you one watch for yourself, but the others you were to sell for me. You did not write me a letter saying you were going away North and could not sell them just then. I knew you were going away, but I did not know where. You said you were coming to lunch with me on the following Saturday, but you did not come. You did not suggest your pawning these goods; I could have done that for myself. I left you to sell them as you thought best. I did not mention any time when you were to pay me. I did not tell you I was not in a hurry for the money. I have always found you a straightforward, religious man. I met you in Paris 20 years ago, but I had not seen you for 10 years before this occasion. I tried to find you when you disappeared, but I could not.
Sergeant JOHN ROBERTSON, X Division. On March 25, at about 2.30 p.m., I saw prisoner in Tottenham Court Road, and read a warrant I held for his arrest to him. He said, "Yes, yes, that is quite right, I understand. I do not know how Mrs. Lightfoot arrives at the value; I only realised about £5 for them." I asked him if he cared to tell me where the property was. He said, "I think it is no good, it has gone, and it is no use mixing anybody else up with it." When charged he said, "Quite right."
Prisoner's statement: "J. reserve my defence."
SAMUEL WITHNALL (prisoner, on oath). I had no intention to steal or fraudulently keep these goods. They were given to me to sell to the best of my ability; there was no time stated for payment. Mrs. Lightfoot said she was not in any hurry, that I could dispose of them when I liked, and pay for them when I liked. I sold the goods one
after the other, and intended to pay her back. If she had tried to find me she could have done so, because I am known in every auction room in London. If I had had any warning before I was arrested I should have got the money together and paid her. She asked me to take some more things, but I refused, as I did not think I could dispose of them.
Cross-examined. I realised about £9 for the goods. I did not pay Mrs. Lightfoot the money because I was not asked to pay it, and I had mixed the money up with other money. I pawned the best watch at Clear s, Goldhawk Road, Shepherd's Bush, for 50s. I do not know that it has been redeemed; I did not redeem it. I asked a man to take care of the ticket for me; he afterwards told me he had lost it; I asked him several times for it. I do not know his name; he keeps several lodging-houses, at one of which I have stayed. I did not sell the ticket. I pawned that ticket on August 26, two days after I had received the property. I had arranged to lunch with Mrs. Lightfoot on that day; I did not stay away because I did not like to come after having pawned the watch. When I took the goods I gave Mrs. Light-foot my address as 28, Black Lion Lane, Chiswick. When she called there and inquired for me they might not have known me because I happened to be agent for a place just 65 yards from there, and we happened to be there all day. I was in that vicinity all day, but I never lived at 28, Black Lion Lane. (To the Judge.) I pawned the second watch at Clear's for £2 10s. a fortnight after I had received it. The second watch I pawned at Robinson's, in Mortimer Street, for £1 in November or December. I have lost those two tickets. The ticket of the watch I pawned for £1 I gave to a fishmonger named Doyle, somewhere in Notting Hill, on condition that he would redeem it, and if it was worth more money he would pay me the difference or put it back and get his money back. My memory is very bad, my head is not very clear; I have been laid up in hospital, and I cannot think very well. I was riding home in a cab, and I had not the money to pay the fare, so I pawned a purse which Mrs. Lightfoot had given me to sell, for 3s. to pay the fare. I sold the trifle bowl and the custard cups to the New Gallery, Bond Street. I lost the other pieces of glass while I was visiting some people. I received these goods on August 24; I sold them, and when I was arrested on March 25 I had not paid Mrs. Lightfoot any money. I told the police officer it was no good mixing other people up in it, because if there was any trouble in it they would never buy from me again.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Monday, April 29.)
ISENBERG, Aaron (25, carman) , stealing within six months, to wit, on January 16, 1912, 40 gross of pencils and one pencil sharpener, on January 19, 1912, 600 gross of pens, and on February 6, 1912, ten boxes of rubber, 48 gross of pens, and three gross of pencils, the goods of Waterlow and Sons, Limited, and feloniously receiving the same; stealing within six months, to wit, on January 2, 1912, two gross of pencils, on January 3, 1912, a quantity of Waverley pens, on January 8, 1912, 400 gross of pens, the goods of Waterlow and Sons, Limited, and feloniously receiving the same; feloniously receiving 521/2 dozen pencils, 176 boxes of pens and 32 boxes of indiarubber, the goods of Waterlow and Sons, Limited, knowing the same to have been feloniously stolen; stealing four gross of pencils, the goods of Waterlow and Sons, Limited, and feloniously receiving the same.
Mr. Forrest Fulton prosecuted; Mr. Purcell defended.
Detective-sergeant JOHN DIGBY, City Police. On February 9 I visited 377, Cable Street, E., a grocer's shop, in the occupation of prisoner. I said to him, "We are police officers. We have a lad in custody for larceny, and in consequence of what he tells us we are going to search your shop. We then searched the shop and found 521/2 dozen black-lead pencils, 76 boxes assorted pens, 100 boxes Waverley pens, and 32 small India rubbers. I told him that I should take him to Moor Lane Police Station, where he would be charged with receiving those goods well knowing them to have been stolen. Most of the goods are in court. He replied, "I bought them in a genuine way. I did not know they were stolen." He then produced seven billheads of Messrs. Water lows. When charged, he said, "I never knew it was stolen, as he told me he had sold some to other people." Mr. Franjklin has identified the goods as belonging to Water low's.
Cross-examined. Prisoner has been at 377, Cable Street six or seven months. Before that he had a shop at Duckett Street. He is English born. As far as I know this is the first charge that has been brought against him. He bears the character of a respectable and honest man.
WILLIAM JAMES FRANKLIN , manager of retail shop, Waterlow and Sons, Limited. The retail value of the 521/2 dozen pencils, 176 boxes. of pens, and 32 pieces of rubber is about £24. The pencils we have recovered would average 12s. to 15s. a gross, the assorted pens 1s. 6d. a gross.
Cross-examined. There are three different kinds of pencil. Water lows have not a monopoly in them. They are supplied to other wholesale dealers. I could not swear these pencils or pens were ever in Water low's possession. The pens bear the names of about six makers. I can swear to the rubber. The boxes have Waterlow's own mark on the end. Some of the goods sold by Water low's are delivered by boys, but most of them are delivered by men. The boy Waller would have access to invoices at Water low's.
Detective-constable FREDERICK HAYWARD, City Police. In conesquence of information I kept observation upon the prosecutors' premises at Bloomfield Street, E.C., on February 6. I saw John Waller leave the premises at about 6.30 p.m. He had a parcel, about 10 in, long by 9 in. by 9 in. He went to a small general dealer's shop at
377, Cable Street, E., kept by prisoner. He went in and remained About half an hour. When he came out he had no parcel.
Cross-examined. Waller was arrested on February 9 and prisoner afterwards. Both were brought before the Alderman on the 10th. Waller made a statement to the police before that. He was sentenced to three months' imprisonment.
SAMUEL KERSTEIN , stationer, 267, Whitechapel Road. I have only dealt with prisoner in goods the subject of this charge. I bought 175 gross and 48 gross assorted pens and 10 assorted rubber for £5 17s. 9d. The invoice is dated January 20. Another lot was 200 gross assorted pens, 10 boxes rubber, and 6 dozen pencils, £4 0s. 3 1/2 d. The receipt is signed by prisoner. The pens were sold for £3 6s. 8d. I always understood prisoner was a job buyer. He said they were bankrupt stock of Bronsteins of Shoreditch. Assuming the goods were not bankrupt stock the prices I paid were not fair.
Cross-examined. I was introduced to prisoner by Mr. Frank, 281, Mile End Road, a general dealer and job buyer. I bought the first lot through him. Then Frank suggested he should send prisoner to me. I said before the Magistrate that what prisoner said when he came was, "I have come to you through Frank and I shall be able to sell the goods to you direct and pay Frank his commission. That was in December. Some of the goods I bought I sold to Moore and Doudney, 27, Paternoster Row. I bought 10 lots from him and two before that from Frank. I paid fair prices as job stock.
Cross-examined. I sold Kerstein two or three lots. I introduced prisoner to him. Prisoner told me he bought the goods from a traveller and had got receipts. After he told me that I took a sample to Kerstein All I bought from prisoner I sold to Kerstein.
JOHN WALLER . I was a packer at Waterlow's at the end of last year. I first knew prisoner just before Christmas. He kept a kind of grocer's shop at 131, Duckett Street. I used to go there in the evenings to buy sweets and hot drinks. He asked me where I worked. I told him. He asked if I could get any kind of stationery from there and if it would be missed. He would buy it off me. I was in debt at the time. Prisoner knew that. I had been gambling. I took goods from Waterlow's and took them to prisoner. These invoices bear my signature. The amounts are what prisoner told me to put down. Prisoner asked me to get the invoice forms. He said it would be safer for him and me. I made them out from his directions. I received 1s. a gross for the pencils, sometimes 9d. I pleaded guilty to stealing the goods and got three months', which I am now serving. In respect of the goods in Invoice 7, £3 15s., I received £2 6s. I never represented myself to him as a traveller. He never through me gave an order to Waterlow's, or asked me to open an account. Sometimes he asked me to bring certain kinds of goods.
Cross-examined. I was four years with Waterlow's. There were boys under me who used to take out goods to customers. I was paid 14s. a week. I always tell the truth. I said to the Alderman, "I have not sold articles I have stolen to anyone but Isenberg." My very next sentence was, "I had sold some to another man; this is his address." I have represented that I was a traveller for Waterlow's. I swore that I had not. I only told my mother.
Mr. Purcell submitted that there was no case to go to the jury. The only witness for the prosecution said frankly that, except as to rubber, he would not swear that the goods were ever in Waterlow's possession. Counsel further submitted that Waller, by his own confession, was the thief. That his statement that "the goods found in the possession of Isenberg were goods that I stole from Waterlow's" was not evidence that they were stolen from Waterlow's. The testimony of an accomplice could not be accepted unless it was corroborated.
Judge Lumley Smith: I quite agree that the jury ought not to act on the evidence of an accomplice without some corroboration, but I am not quite sure that it is not for the jury rather than for the judge to say whether there in corroboration, I am bound to accept the evidence for what it is worth.
Mr. Purcell cited the decision of the Court of Criminal Appeal in R. v. Everest (2 Cr. App. R., 130), which entirely altered the old practice. Since 1837, the date of R. v. Farler (8 C. and P., 106), the question of corroboration had been left to the jury, but in R. v. Everest it was laid down, not only that there must be corroboration going to the offence itself, but that it was for the judge to stop the case if in his opinion the evidence of corroboration was insufficient. Counsel also relied upon R. v. Robinson (4 F. and F., 43) and R. v. Pratt (4 F. and F., 315) for the propositions thus stated in Archbold, 24th Ed., 633: "Where the only evidence against the alleged receiver is that of the thief, the presiding judge will advise the jury to acquit. And the mere fact that the stolen goods were found upon the alleged receiver's premises on the day of the theft is not sufficient to confirm the evidence of the thief, so as to make it proper to convict."
Mr. Fulton relied upon the words of Sec. 19 of the Prevention of Crimes Act, 1871 (34 and 35 Vic, c. 112), as throwing upon the accused the onus of accounting for the possession of stolen goods, and submitted that in this case there was ample corroboration of Waller's story.
Judge Lumley Smith said he was not prepared to stop the case. It must go to the jury.
AARON ISENBERG (prisoner, on oath). This is the first time a charge has been brought against me. I was standing behind the counter in Duckett Street when I first saw Waller. He came in with a bag. He produced some samples from it, stationery, blackleads, nibs, and rubbers. This was four or five months before Christmas. I did not know him by sight before then He said he used to supply the people who lived where I am before, would I like to deal with him. I said, "I do not know what the stuff is." He said, "I will leave you a sample." He did so. He left me a card. He said he travelled for Waterlow's. I did not know Waterlow's at all. I said, "I have not time to attend to you now." He said he would call about a week later. He did so. He asked me what did I think of it. I said, I will see if I can go out travelling with them." He said, "They sell easy and
well. "I gave him a small order, about £1 or £2. The goods were rought next day between 12 and 2. He gave me a receipt, which I put on the file. I only gave the detectives the receipts from Cable Street. I paid him cash. He came again every week. I sold some of the goods I bought before Christmas to Mr. Frank. The only others I sold were from the window. I arranged with Frank the commission on goods sold to Kerstein. The invoices were brought by Waller ready made out. I paid him the amount on the bill. I had not the least idea the goods were stolen. I did not tempt him to rob his master or ask him to steal the invoices. I had never dealt with such stuff and did not know what the prices were.
Cross-examined. My business at Duckett Street was grocery, tobacco, and sweets. I sold envelopes. When the police came they found a quantity of goods. I could not say how many. I said, "I bought them from Waterlow's traveller; I have receipts. "The goods found in my possession would be those mentioned in the last receipt. Everything you see on the invoices I bought of Waller. When I paid him he wrote, "Paid. "The bills were not made out in my presence. When I gave the order to Waller I agreed the price with him. He showed me the sample of the stuff first. He told me the boxes are damaged, but the stuff inside was sound. The 200 gross assorted pens invoiced at £3 6s. 8d. I sold to Frank the next day at the same price. I was very hard pressed for money. I thought I could make a little out of it. I chanced it. The 48 gross assorted pens in No. 19 invoice £3 'are not the same pens I sold to Kerstein on, February 6 for £1 16s. I was not so hard up as to knock off half. I kept no books. I did not tell Kerstein the goods were bankrupt stock. As soon as I put a sample of some nibs and blackleads on the counter he said, "I know whose they are"—some name from Houndsditch, a man that has gone bankrupt. I said, "They are, "to save further conversation and not to lose his custom. Frank asked if I bought theim in a sale. I said, "No, I bought them from a traveller" He asked if I could produce receipts. I told him I could. I did not tell him I bought the stuff on credit and was not going to pay for it. I did not tell Frank that Kerstein said the stuff oould not have been bought in a genuine way. I refused to produce the receipts to Frank.
Verdict, Guilty of receiving.
Sentence: Twelve months' hard labour.
WATSON, Robert (36, seaman), and SMITH, Alexander (32, seaman) , robbing with violence from John Hart and stealing from his person 1s. 6d., one pipe, one pair of boots, and one coat, his goods and moneys.
Prosecutor did not appear to prosecute, and, no evidence being offered, the jury returned a formal verdict of not guilty.
BEFORE THE RECORDER.
(Tuesday, April 30.)
COLYER, Stanley (33, music-hall manager) , having been entrusted with certain property, to wit, a banker's order for £14, in order that he should pay the proceeds thereof to Walter Herbert Meekcom, unlawfully fraudulently converting to his own use and benefit part of the proceeds thereof, to wit, the sum of £12.
Mr. Bohn prosecuted; M. Du Parcq defended.
WALTER HERBERT MEEKCOM , builder, Acton. I know prisoner; he is supposed to be a manager at Earl's Court. He instructed me to find moneys for different cinematographs, which I was to erect. I had not completed the work. In February for the work I had done he gave me a bill dated February 12 for £20 17s. 3d., which became due on March 15. I got it discounted at a moneylender's, Hamilton Clark, 137, Oxford Street. On March 12 I went to his flat in Wells Street and told him that I had got thebill discounted and I had got a cheque for £14, which the moneylender had given me. I gave it to him and he handed it to his wife. She went to a public-house and on her return said that they said tney had just paid their money into the bank and suggested going to Mr. Clarkson, of Wardour Street, and getting it cashed there. I went with prisoner to Clarkson's and, at his suggestion, I waited outside whilst he went in. On his coming out we went and had a drink and he said he had borrowed £2 on it and if I went next day he would give me the balance. He paid for the drinks and handed me £1 18s. On the next day I went with my son to his flat and he told me that if I went on the next day he would hand me my balance. I went the next day, the 14th, and he said he had not got it. I went and made inquiries at Clarkson's and then returned to the flat) and told him that Clarkson's had told me he had got the whole of the money that morning. It was then between 2 and 2.30; I should say I was at Clarkson's a few minutes before that. Prisoner said it was a lie.
Cross-examined. I got a firm to promise £3,000 on a job in Fins-bury and Golder's Green, but on investigation, it was found the prisoner had nothing to do with it. Prisoner said that when I wanted £10 I could have it, land I was to have the building work; we had no agreement in writing; my employment as financial agent began, in September, 1911. In February I asked him for money and he gave me this bill; it was the only sum I had from him, and that settled the account between us for my expenses in running about on about seven different jobs; I had rendered no account, as it was not necessary. I told him I had spent so much money that I wanted some more. I kept no books showing my expenses. I worked for him till March 12, but I could not get any more out of him than £20 17s. 3d., because he had not got it; I had been making a claim on him since September 16, but I had washed my hands of that with the exception of getting some furs back that he had of mine. He gave me to understand thai I
could get the bill discounted for £ 1 10s.; I had never discounted one before. I was in prosperous circumstances in February and March. The cheque for £ 14 was mine to do what I liked with, and I only took it to prisoner to tell him that I had only got £ 14 for the bill. I was short on March 12, and I did not pay it into my banking account because I should have had to wait three days for the money. I was not very hard up at the time, and I did not have to pawn a pair of vases; I did not say at the police court that is what I had to do. I did not have a leather case in pawn on March 12. I see now that I did say at the police court that on about March 12 I pawned a pair of vases for 2s. 6d. and a leather case for 9d.; I believe it was true when I said that, but I did not recollect saying it. I did not recollect until now that I had done so. I had to pawn the case to get my fare home from prisoner's flat to Acton as I had no money. On September 16 I let him have some furs to sell for me on commission, and I have not seen them since. He has never lent me money. He did not give me the bill as a loan. I did not suggest that it should be made out for an odd amount. He did not pay me £ 2 for discounting the bill for him.
HERBERT VICTOR MEEKCOM , architect and surveyor. I am a son of the last witness, and live with him. "On Wednesday, March 13, I went with him to prisoner's flat; I should say it was some time between 12 and 2. He asked prisoner when he would let him have the balance of money for the cheque, £ 12, and he said if he came up next day he would let him have it, as the cheque had got to lay there two days before it could be cleared.
Cross-examined. I understood from my father that the £ 20 17s. 3d. was for work he had done connected with cinematograph theatres, finding sites and financial advances. He has been assisting me for the past nine months. I did not take any part in the conversation on the 13th, but I heard everything. My father did not ask for a loan. He did not have too much money at that time, but he was not exactly hard up. I had nothing in pawn at this time, and I did not know he had.
FRANK CHAMBKES , manager to Messrs. Clarksons, theatrical wig-makers, 41, Wardour-street. I have known prisoner 25 years. On March 12 he brought me a cheque for £ 14, and we gave him £ 4, saying we would give him the balance when the cheque went through. About midday two days after he called, and, the cheque having been cleared, I gave him the balance, £ 10, in gold. I fancy it was before half-past two, without being absolutely sure. I believe Mr. Meekcom subsequently called, but I did not see him.
STANLEY COLYBR (prisoner, on oath). I have known prosecutor some four or five years. I was assistant manager of the Earl's Court Exhibition. I never employed him to finance cinematograph shows. On February 12 I gave him a bill for £20 17s. 3d., but it was not in payment for services rendered; he came and asked me to lend him £5. I had not got the money, but he said if I would give him a bill he could very likely get a loan on it, and I gave him this bill. The reason I
made it out for an odd amount was that he said that one always made out bills for odd amounts to make them look as though they were trade acceptances. I did not owe him any money at the time. He was going to take it to an estate agent's in Shepherd's Bush, who he thought would advance him £5 on it, and he would then in a month or so redeem it and return me the bill. Instead of doing that he took it to a money-lender without my authority. He returned and told me that he had done so and that this money-lender would probably communicate with me. I went to see the money-lender. On March 12 prosecutor came up and gave me a cheque for £14, dated that day, drawn by Hamilton Clark. I told him I would get it cashed and give him £2. It got it cashed at Clarkson's, and Mr. Chambers' evidence is correct except that it was 4 p.m. when I went and got the balance on March 14. I handed prosecutor £2 for his trouble in the matter; he made no claim to the rest of the proceeds. On March 14 when he came I simply remarked to him about his disgraceful behaviour on the previous night. He said nothing about asking for more money. He had borrowed money from me previously to this.
Cross-examined. I did not ask him to wait outside Clarkson's when I went in. I did not tell him that I had borrowed £2 on the cheque. I gave him £2 for negotiating the bill. The reason why I made the bill out for such a large amount was that he told me that a bill was never made out for less than £20; I was also hard up at the time and I wanted some money. Before we went to Clarkson's he had taken the cheque all over London for about a month to try and get somebody to cash it; that is what he told me. When he called on me on the 14th I had not then received the balance from Clarkson's.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 30.)
Mr. S.A. Kyffin prosecuted; Mr. E. Bennett Calvert defended.
ALBEBT VOLKGANGER , 11, Milman Street, Bloomsbury, chef. I am a German; I came to England in October, 1911, and have known prisoner for two or three months. On April 2 I saw prisoner in his room at 23, Hay Street, Bloomsbury. He said he had not money enough, he would have to go to the Bank; then he asked me for a cheque for £6 to pay his rent; he said, "I want to pay my landlord with a cheque as it will produce a good impression on him. I wrote Cheque (produced) for £6, and he gave me £6 in gold. This was the first cheque I had ever written in England; prisoner wrote the cheque for me and I signed it. It has now been altered by adding "ty" to the "six" and a "0" in the figures, making it a cheque for £60. I
gave no authority to prisoner to do that. Prisoner said as it was my first transaction I had better write a letter to the bank; he wrote letter (produced) asking the bank to honour the cheque for £6—I signed the letter. I filled in the counterfoil at prisoner's dictation with the words "value received." The prisoner put the cheque in a drawer and he posted the advice note. On April 4 between 3 and 4 p.m. I called on prisoner. He said, "A telegram has arrived from Germany saying my wife's grandmother is lying on her death-bed and she must start at once." I went with prisoner to order some clothes, as I do not speak much English. When I left him I said, "Shall I see you tonight?" He said, "No, because he was going to see his wife off to Germany." The next morning I saw prisoner in his room at 7 a.m. I had got suspicious about the cheque and I went to the police-station and then waited all night outside prisoner's house with a policeman This was After a communication I had had with the bank. I knocked at his door, saw the prisoner, and came out. My wife was with me all night there waiting outside. She said to prisoner, "You are a scoundrel." Prisoner fell on his knees and said, "Pardon the mean thing I have done, do not surrender me to the police, I entreat you, or I shall have to shoot myself." I said, "Give the money back to me and I will not take any steps." He said, "Give me time, I will send a telegram to my wife and she will send the money." said, "If I get the money back I will not accuse you." He wrote something down in English which I was to say at the police-station; I cannot remember what I did with that paper. Prisoner said, "I have only on me £29." He gave me the £29 and wrote paper produced, "Received from H. Gilbert the sum of £29 in part payment of the sum of £60." I left the house with prisoner; the constable arrested him and we went to the station.
Cross-examined. Prisoner knew the woman I lived with was not my wife. I lived at Mrs. Sharp's, 2, Steven Street, Tottenham Court Road. I left there of my own accord. Prisoner said he had £40 or £50 in the bank and proposed to join me in taking a pastrycook's shop. I told him I had money coming from Germany. I received £90; he arranged references for me to open a bank account. We never talked of taking flats. Mrs. Sharp took a flat at 72, Lamb's Conduit Street for my wife and myself; she may have called herself my mother. I had very good references as a chef. I had 600 francs when I came from Paris in October, 1911. I drew the cheque because I wanted money to buy a costume for my wife. Prisoner said, "You need not go to the bank, I will give you the money, and, besides, it would be a good reference for me to pay my rent with a cheque—it will show I am a business man." This is the first I have heard of tone idea of taking flats. I did not see prisoner post the letter of advice.
(Wednesday, May 1.)
the bank and looked at the cheque I found prisoner's place closed and thought they had both gone; then in the morning he said, "My wife is off to Germany" and that he had only £30 of which he had spent £1 in taxi-cabs, so he only had £29 to return me. Prisoner told me he had got into trouble by keeping a bad house and that by disguising himself at the very last moment he got away right under the eyes of the police. I am perfectly certain there was an empty space after the "6" in the cheque I signed; that occurred to me during the night.
FREDERICK PERCY LINN , manager, Farrow's Bank, Whitechapel. Prosecutor opened an account on my bank on March 30, 1912. On April 3 I received advice note by post; subsequently prisoner presented cheque (produced) and received for it £60 in gold. I believe someone had a communication with the bank after 11.30 p.m. that night.
Police-constable GEORGE WATT, 456 E. On April 4, at 6.30 a.m., prosecutor spoke to me outside of No. 23, Hay-street, Bloomsbury: there was a female with him. They went in at 7 a.m., and about 9 a.m. came out with the prisoner. Prisoner said, "I am going to arrange this privately with him. "Prosecutor said, "This is the man who robbed me of my money." I took prisoner to Bow Street Police Station.
Cross-examined. When prisoner said he was going to arrange it privately, prosecutor did not say, "I am not going to do it."
Detective-sergeant JAMES EDWARDS, J Division. On April 4, at noon, I saw prisoner at Bow Street. I told him I was a police officer, and that he would be taken to Bethnal Green Police Station and charged with forging a cheque which he had received from Albert Volkganger by altering the cheque from £6 to £60, and obtaining that amount from Farrow's Bank, Whitechapel Branch. Prisoner said, "The prosecutor promised not to charge me. I gave him £29. and I have promised to give, him the remainder in a couple of days. "I then took him in a cab to Bethnal Green Police Station. On the way he said, "I told Volkganger I would get the money in two or three days. If he charges me he will be sorry, for I can get him into trouble—he is only a ponce. If he does not charge me I will give him the money back." Whilst being charged he said to prosecutor, "Are you going to charge me?" Prosecutor said, "Yes." Prisoner said, "If you do I will not give you the money back." He then spoke very rapidly in German, which I do not understand. After being charged, as he was being put into the cells, he said to me, "I will have something to say about this. We were going to use the money to rent flats for girls.' After prosecutor spoke in German the prosecutor hesitated to sign the charge-sheet. The inspector sent for an interpreter, who explained to him, and he then signed the sheet.
Cross-examined. Prosecutor was under the impression that we could detain prisoner until the money came from Germany. He spoke to the inspector.
Inspector HENRY SKIPPER, J Division, stationed at Bethnal Green. On April 4, when prisoner was brought in I investigated the case and asked prosecutor if he wished to proceed with the charge. I entered the charge on the sheet and invited prosecutor to sign it; he shrugged his shoulders, appeared not to understand, and entered into a rapid conversation in German with the prisoner. I sent for an interpreter, and through him explained what compounding a felony was. Prosecutor wished me to send to Germany for the money and detain the prisoner. I told him I could not do that. He then decided to proceed with the charge.
Prisoner's statement: "I am not guilty. I met prosecutor 10 or 11 weeks ago, he conversed about taking some flats to start an illegal business, and gave me a cheque for £60 to do the necessary because he could not speak English. He told me he was not going to tell his girl beforehand in case she might not want it. I never touched the cheque after he signed it. I ask that the cheque be submitted to an expert. That is all I have got to say."
HERBERT GILBERT (prisoner, on oath). I made no alteration in the cheque. I came to England in 1895, and earned an honest living up to 1903; I got into bad company and was sentenced for burglary. After coming out, for 15 months I worked as a cabinet maker. In 1906 I received three months for keeping a brothel; I then went to Antwerp, signed on as steward, and served on steamers running from Antwerp to New York and Montreal for about 18 months. I then went to Paris, and was for three years in a confidential position with Stockwell and Co., carriers; left of my own accord, and came to London on January 12, 1912. I had then saved about £64. I spent money in living and seeking employment. I have known prisoner from the end of January, and got friendly with him. He told me he wanted to furnish flats' and let them for immoral purposes. I told him the trouble I had got into. He told me he had money coining from Germany. As he did not speak much English I was to arrange the taking of the flats and furnishing them. He was to take one flat with his wife and I the other. He knew that he would not get the flats himself, being a foreigner. On April 2 he came to my room at 23, Hay Street. We had then been looking at various flats in Great Tichfield Street and Bernard Street. He told me he had paid the money into the bank, and he would give me the money so that I could get the flats and furnish them. I never asked him for a cheque for £6. My rent was 14s. a week, which I had paid four weeks in advance; I did not owe £6; nothing was due. He agreed to give me a cheque for £60 to be used to pay the rent in advance and furnish two flats. I had introduced him to Farrows Bank. I gave a reference to the bank, and I asked a Mr. Jacobs, in Leman Street, who is a customer of the bank, to give another reference. Jacobs had never seen prosecutor in his life. As the third reference prosecutor and I agreed to give the name
of a fictitious person in Manor Park; he wrote a letter and gave me a shilling to go to Manor Park and post it, which I did. As neither of us knew the custom of bankers we agreed to write an advice note, asking the bank to honour the cheque, which I posted. I had never seen the counterfoil, and did not direct him to fill it up. The advice note was signed by prosecutor; he gave me an envelope which was stuck down, and posted in his presence. I had no opportunity to alter it from £6 to £60. I told prosecutor my wife's grandmother was ill in Germany, and she would have to go there. The next morning as I was dressing he came to my room. I asked him what he had come for at that time in the morning. I said, "Have not you been able to get in all night," because it had happened that his girl had had company and that he could not be in his own place. He said, "No." I never went on my knees and begged for mercy; I had no occasion to do so. He said if I paid back he would not charge me. I said, "It cannot be any matter of charging; I have not stolen anything or swindled you out of anything. If you want to go off the agreement you shall have your money back, but if you charge me you shall never have it back; you are not entitled to." His wife was outside at the door. We were talking about arranging the matter, and as he had given information he wanted somehow to retract the charge, knowing that there would be a lot of dirty things come out; we burned some papers containing lists of furniture for the flats; we thought the police might find them and we did not want that to come out. He did not charge me till after 2 p.m. Prosecutor declined to charge me partly because his conscience told him he was doing me a wrong, and partly because he knew what would come out if this charge went on. The police tried repeatedly to make him sign the charge-sheet, and he kept on refusing. The police then said they would charge us both—him for condoning a felony and me for forging. After signing the sheet prosecutor told me he had been persuaded and threatened by his wife, and that he could not help himself. I told prosecutor I had only got £29—I could find him the other £30 in two or three days—that I could get the money back from Germany. The honest truth was it had never left London; it was put by me on deposit in a bank. I put about £35 in the bank. (To the Judge.) I refuse to say what bank I put it in.
Cross-examined. My name is Brand. I was convicted in the name of Harry Mailing . I went under the name of Otto Bernstorff , and was expelled as an undesirable alien under that name. Before coming back I was informed that the expulsion order did not apply after three years.
Prisoner confessed to having been convicted on March 14, 1903, at Cardiff, in the name of Heuty Mailing, receiving a sentence of 18 months for burglary and stealing jewellery. On October 19, 1906, at Clerkenwell Police Court, he was sentenced to three months for keeping a brothel, and an expulsion order made; a warrant is granted for his arrest for returning.
Sentence: Eighteen months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(April 30, May 1, May 2.)
Mr. Muir and Mr. Eldridge prosecuted; Mr. Rooth defended.
The evidence was not such as to be reported.
The jury disagreed. Prisoner was sent back (upon bail) for trial at next Sessions.
BEFORE THE RECORDER.
(Wednesday, May 1.)
SEAL, William (51, cook) , breaking and entering the dwelling-house of William. Diddell and stealing therein one chain and other articles and £6 14s. 6d., his goods and moneys; breaking and entering the dwelling-house of Charles Angelo Russ and stealing therein one cheque book and other articles, his goods; forging certain orders for the payment of £3 12s. 6d., £1 10s., and £3 10s., in each case with intent to defraud; obtaining by false pretences from Martha Sellar £2 18s. 2d., the moneys of Bernard and Son and from Robert Baptie £1 10s., in each case with intent to defraud.
Prisoner pleaded guilty to forging and uttering the order for the payment of £3 12s. 6d.; this plea was accepted by the prosecution.
Prisoner confessed to a previous conviction of felony at this court on November 17, 1902, in their name of William Thompson , when he "was sentenced to seven years' penal servitude. He was then proved to be connected with a very dangerous gang of criminals; he was an expert forger and housebreaker. Five previous convictions, four of them being for forgery, were proved. He had refused information as to where he had been employed since his release in 1908.
"Sentence: Three years' penal servitude.
Prisoners pleaded guilty of unlawfully assaulting Chang Sing and occasioning him actual bodily harm; this plea was accepted by the prosecution.
It was stated that the assault arose from differences of opinion which had arisen between members of two Chinese societies, which had been the cause of many disturbances in the locality. The feud had now come to an end and a promise had been given that no further disturbances should take place.
Mr. Huntly Jenkins, for the prisoners, in asking for leniency, stated that prisoners would be ready to leave for Amsterdam to join their ship.
The Recorder postponed sentence, stating that on his being satisfied that their passage had been taken to Amsterdam or elsewhere and that they would not return to this country he would release them on their own recognisances.
(May 3.) Upon it being stated by the police that their passages had been booked to Amsterdam, where they would join a ship, and upon a Chinese gentleman undertaking to see them off, the Recorder released prisoners on their own recognisances in the sum of £20 each to come up for judgment if called upon, telling them that they must not return to this country.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 1.)
DINSLEY, Harry Stephenson (37, manager) , being adjudicated bankrupt, unlawfully obtaining credit to the extent of £20 and upwards, to wit, to the extent of £30 from John Solomon Bates without informing him that he was an undischarged bankrupt.
Mr. Penry Oliver prosecuted; Mr. Macrae Biggie defended.
JOHN SOLOMON BATES , 4, Little St. Andrew Street, Upper St. Martin's Lane, builder and contractor. At the end of October, 1911, I first met prisoner at the Two Brewers public-house; he told me he had got a job for me and asked me to give him a price for some work shown on plans; on October 31 I entered into contract (produced) to do the work for £156. He afterwards asked me to give him a further price for other work, and on November 2 we entered into contract (produced) for £70. On November 6 I started work on Nos. 46 and 48, Hampstead Road under the direction of Mr. Burchett, prisoner's architect, who, on November 17, gave me certificate for £30, which I took to prisoner on Saturday afternoon; he gave me in payment cheque (produced) on the London County and Westminster Bank for £30, which I cashed with my butcher; it was returned marked "RD." I wrote prisoner and received letter dated November 22: "Dear Mr. Bates,—My clerk will have told you how things stand at my home from where I am writing. It is now 11.30, and the doctor can give me no hope of my wife's life. I expect the cash will be paid into my account to-morrow or at the latest Friday morning, and I will send you on an open cheque at once. You would have had the cash to-day if it had not been for this accident at home. As you know, payment is not really due till Friday, but I am more than sorry circumstances have prevented me letting you have it earlier.—Faithfully yours, F.H. Dinsley." I never received the open cheque. The cheque was again presented and returned. I gave instructions to Mr. Choate to communicate
with prisoner; as a result of what Choate told me I instructed my solicitor; an action was brought against prisoner and on February 17, before Mr. Justice Bankes, I recovered judgment (produced) against defendant for £30, and costs. During the progress of the case prisoner stated he was an undischarged bankrupt. I was not aware of it before. I caused inquiries to be made and applied for a summons.
Cross-examined. The loss of this money has ruined me. Prisoner did not tell me he was the agent of a Mr. Lowy, the lessee, and that he (prisoner) held the leases, bills of exchange, and a mortgage as security that Lowy would pay and that that was what I had to look to as he (prisoner) was an undischarged bankrupt—there is not a word of truth in it. If Lowy's name is on the contract, I took no notice of it. He showed me no lease whatever.
GEORGE INGLIS BOYLE , messenger, Court of Bankruptcy. I produce file of prisoner's bankruptcy: Receiving order, April 8, 1910; judication, April 14; liabilities, £1,821 6s. lid.; assets, £55 1s. 9d.; he has not applied for or received his discharge.
Detective HENRY JOEL, E Division. On March 28 I saw prisoner at 101, Pentonville Road, where he carries on business as a bioscope and film manufacturer. I explained the summons to him; he made no reply.
Cross-examined. I have known prisoner for nine or ten years as an honest and respectable man.
(Thursday, May 2.)
JOHN PATCHIN CHOATE , 46, Lloyd Road, Denmark Hill, quantity surveyor. I was employed by prosecutor to estimate for work at 46 and 48, Hampstead Road, which I worked out at £247. I saw prisoner about the specifications; he said I must reduce it to less than £230, which amount he said was deposited in the bank and I reduced it to £228. On November 2, 1911, I saw prisoner and Mr. Burchett, his architect. I asked Burchett to send the contract to be signed. Burchett said that the £230 was deposited in the bank for the purposes of the contract. It was arranged that the contract should be signed at 11 the next morning at prisoner's office. I had also made an estimate for a fireproof flooring at £47. On November 3 I saw prisoner; I asked how it was he had sent two contracts to prosecutor to sign and why the second one was made out for £70 instead of £47; he said he wanted the second contract for the gentleman who was finding the money. He said he would send duplicates signed by himself to prosecutor. When about £45 worth of work had been done I wrote to Burchett asking for a certificate for £30 and an open cheque on the bank where the money was deposited before 11 on Saturday morning. I saw prosecutor and on November 22 wrote prisoner asking for the money for the cheque or we should stop work. I afterwards wrote on December 9 threatening proceedings. The work was stopped on November 22.
HARRY STEPHENSON DINSLEY (prisoner, on oath). I was originally a Nonconformist minister and have since engaged in cinematograph work. I told prosecutor of my bankruptcy. In March, 1911, I met Lowy, one of the managers of the Apollo Theatre, and agreed with him to fit up part of the bank premises, 44 and 46, Hampstead Road, as an electric theatre and to take from him a twelve-month's contract for supplying the operator films and outfit; he to pay £40 down (which I received in April) and £260 in four £50 bills and one of £60, the first payable on December 16 and the others at intervals of one month; he also was to deposit the lease and any other security required for the discounting of the bills. Part of the premises was let to a Mr. Paxton for a hospital. I received the leases. On September 18 or 19 I was introduced to prosecutor by the landlord of the "Two Brewers" and agreed with prosecutor to do the work for £228 in two contracts of £158 and £70. I engaged Burchett to draw the plans and specification. I had several conversations with prosecutor. About the end of October I showed him the leases, the mortgage on the premises to me, and the bills and said, "Now, Bates, as I am a bankrupt that is all the security you have to depend on as far as I am concerned." I introduced Lowy and said, "This is Mr. Lowy, your principal at Hampstead Road." Lowy urged on prosecutor the necessity for the work being completed within a month from the signing of the contract. The prospects of the theatre were discussed. I said I though Lowy was fortunate in having got the site. Lowy said, "Why do not you take a place like it—I have told you about the Angel site, why do not you take it?" I told him not to "talk rot," and said as long as I was a bankrupt I could not do anything of that description—that I found my bankruptcy handicapped me in everyway. Prosecutor then asked if I was connected with the Angel site. I said, "No, there was nothing in it." Prosecutor and I talked over whether the £70 contract should be signed by Lowy or whether I should sign it with an indemnity from Lowy; the architect had made it out in Lowy's name. Prosecutor said he would rather I signed it as I had all the securities. I got indemnity (produced) from Lowy for the £70. The two contracts were signed by me in prosecutor's office on October 31, his carpenter witnessing my signature and Burchett witnessing prosecutor's. Burchett crossed Lowy's name out of the £70 contract and put mine in. I told prosecutor when the bills were discounted the money would be paid into a separate account at the bank. I did not succeed in discounting the bills. On November 17 prosecutor told me he had got from Burchett a certificate for £30. I said the bills were not discounted, but I thought it very probable they would be the following morning. He said, "Of course, the money is not due for a, week, but do you think you will be able to let me have it to-morrow?" I said, "Mr. Russell says he has little doubt that his people will complete the discounting to-morrow and if so you can have the money with pleasure." Russell is a surveyor, of 170, Strand,
who, prosecutor knew, intended to discount the bills or his clients would.
(Friday, May 3.)
HARRY STEPHENSON DINSLEY (prisoner on oath), recalled. On Saturday, November 18, I saw Russell and found the bills were not discounted. I got to my office at 1.30 and saw prosecutor. I told him the bills were not discounted, but Russell felt confident they would be discounted on Monday or Tuesday. Prosecutor said he had not quite enough money to pay his men and if I would let him have the cheque he could get some money from a tradesman; that the cheque would not be presented till Tuesday or Wednesday. I then gave him the cheque for £ 30. On November 22 my wife had an accident and fractured the base of her skull and I was away from the office. On receiving Choaite's letter of that date I wired to my solicitor and asked him to see prosecutor. Prosecutor afterwards brought an action against me for the £ 30. Lowy brought an action against me for the work being stopped and the bills were returned to him on an arrangement that he would continue the contract direct with prosecutor.
Cross-examined. I knew prosecutor had not money to pay his workmen when I gave him the cheque. I did not then say I was an agent. Before and after my bankruptcy I was director and manager of the Parkin Bioscope Company, from whom I received a salary. I contracted with Lowy to do the work for £ 300. The bank refused to discount the bills at the end of October or beginning of November. I contracted with prosecutor to do part of the work for £ 228; I had to provide the seating, electric lighting, pay for the plans, and other expenses. I cannot swear to the date when I told prosecutor I was an undischarged bankrupt. On Saturday, November 18, I told him unless the bills were discounted the cheque would not be met. I did not refer to that in my letter because it was unnecessary.
CONSTANCE IRENE GORDON . I have been five years in prisoner's employ. I left on October 31, 1911. In October, 1911, I came into prisoner's office. Prosecutor and prisoner were there. I saw the papers relating to the Hampstead Road affair on a marble table. I heard prisoner say, "As I am an undischarged bankrupt, this" (pointing to the papers) "is all you have to look to" or "rely on." I was interested in the matter because my fiance was to be the operator at the theatre.
WILLIAM HERBERT CREWE , Marley Road, Peckham, retired licensed victualler. In June, 1911, I was introduced to Lowy by prisoner as the probable manager of the Hampstead Road Picture Palace. I have been manager to a cinematograph show in Harrow Road. In the beginning of October I called to see prisoner. He came out with Lowy, and we all three went to the "Two Brewers." Prosecutor was there. Prisoner said, "Hullo, Bates, I was just coming to see you. I want to introduce you to Mr. Lowy, your principal at Hampstead
Road. "Lowy said he wanted the alterations finished within a month of the signing of the contract. Prisoner congratulated Lowy on the site. Lowy said, "Why don't you do the same. I have mentioned to you the site at the 'Angel.'" Prisoner said, "What is the use of your talking like that. You know very well I cannot take that over as long as I am a bankrupt." Prosecutor asked prisoner if that was another place he was concerned in. Prisoner said "No "; there was nothing in it. I and prisoner then returned to his office; Lowy remained talking to prosecutor.
FREDERICK HALL TOMPKINS , 112, Melloxen Road, Tooting, solicitor. On December 11 I was instructed by prisoner to see the prosecutor, which I did. I said I had come from Mr. Dinsley in respect of a letter which he had received from Choate. Prosecutor said, "Why is not he manly enough to come himself." I said that his wife was ill. I had with me the mortgage, five bills, and two leases, and explained that the bills had not been discounted by the bank because they had been made payable by the acceptor Lowy at a bank where he had no account. Prosecutor said he believed Lowy had an account now. I told him the bills would have to be discounted on the faith of Lowy's name because Dinsley was an undischarged bankrupt. He said, "Yes, he told me that. "I suggested that he should take the £50 bill falling due on December 16, and prisoner would assign the mortgage and leases to him, and that he would get paid.
Cross-examined. I gave evidence in the High Court as to the conversation with prosecutor in the action of Bates v. Dinsley for £30. I said nothing about prisoner's telling him he was an undischarged bankrupt. Prisoner stated that he was an undischarged bankrupt at the end of the trial.
Re-examined. The point in that trial was the question of agency.
Sentence: Three months' imprisonment, second division.
BEFORE MR. JUSTICE LUSH.
(Thursday, May 2.)
MR. JUSTICE LUSH stated that, in consequence of the remarkable statements that he had made with reference to his having handed over the moneys to designing persons, by whom he had been duped, in the belief that they had been transmitted to spirits, he had thought it right to postpone sentence in order that he (the prisoner) might have an opportunity of assisting the prosecution to bring to justice the persons who had actually received the moneys. From the prisoner's evidence given in the case of Izard (see page 57) it now appeared that his original story was a tissue of falsehoods.
Sentence: Five years' penal servitude.
BEFORE THE RECORDER.
(Thursday, May 2.)
Prisoner confessed to a previous conviction of felony at the London Quarter Sessions on July 25, 1911. Eleven convictions dating from 1888 were proved. Prisoner was released from his last sentence in February of this year, since when it was stated he had endeavoured to obtain employment.
Sentence: Three years' penal servitude.
Prisoner confessed to a previous conviction for assisting in the management of a brothel on December 13, 1908, and December 4, 1909; on each occasion he was sentenced to four months' hard labour. Two previous convictions in 1904 (three months' hard labour) and 1906 (four months' hard labour) were proved. It was stated that he had never been known to do any honest work. His father, mother, and brothers had been convicted of similar offences.
Mr. Patrick Hastings pointed out that having regard to the number of his previous convictions, prisoner had been purposely indicted at Common Law in order to extend the term of his sentence.
Mr. Tully-Christie submitted that the prosecution had not proved, as alleged in the indictment, the particular parish in which the brothel was situated.
The Recorder said he did not think that that objection would avail, as it was cured by the verdict.
Sentence: Four months' hard labour on the first and second counts; twelve months' hard labour on the third count; the sentences to run concurrently.
BEFORE THE RECORDER.
(Friday, May 3.)
Mr. Passmore prosecuted.
WILLIAM HENRY GRIFFITHS , Vicar, St. Olave's, Clerkenwell. On April 6 1 made out this cheque (Exhibit 1) to Charles Thin for 10s. 6d. and pasted it. When I next saw it it had been altered to £50 0s. 6d. and the crossing bad been removed. I do not know prisoner.
CHARLES JAMES THIN , publisher and bookseller, 6, Great Queen street, Holborn. I have never received Exhibit 1 and the endorsement upon it is not that made by me or with my authority. I think prisoner came into my shop on one occasion, but my memory is none too good on that point.
GEORGE THOMAS BERRIDGE , assistant cashier, National Bank of England, Goswell Road. About 2 p.m. on April 9, prisoner came and presented Exhibit 1. I could see the crossing had been taken out and the amount altered. I pointed it out to tie manager, who asked prisoner 'bo come into his office. He immediately ran out. Murphy, another cashier, happened to be coming in from lunch and he ran after him and brought him back. We cent for a policeman and gave him in charge.
SIDNEY MURPHY , cashier, National Bank of England. At about 2.15 p.m. on April 9 I was returning from lunch, when I saw prisoner running out of the bank. I ran after him and he ran down a cul de sac. I Waited for him at the entrance of the turning and on his returning I told him I wanted him to come back to the bank. He asked me why, and I told him I had found out that he had presented a forged cheque; I had found that out before following him. He said, "I have not been there." I said we could not argue in the road and he must come back and explain. I took him to the manager's room, where I asked him how he came by the cheque. He said he had found it in the street that same morning. I said that would not do and he then said he had found a Jettter in which the cheque was enclosed; he had destroyed the letter, but kept the cheque. We told him that would not do and he said that the "Angel" public-house opposite he had met two men, one of whom he had known a considerable while named Badsey; they had asked him to present the cheque in consideration of a few shillings, and as he was very hard up he had done so. I asked him if he would take me over and point them out to me, but he said it was no use going over there then. We called a constable and gave him in charge.
Police-constable EDWARD DUBBIN, G 267. About 2 p.m. on April 9 I was called to the National Bank, where I saw prisoner detained. He was given into my custody and I took him to the station. On arriving there he said, "It is a shame; I am innocent." When charged he made no reply.
Prisoner's statement before the magistrate: "I met these two men in a public-house yesterday. I got into conversation with them. They asked me if I would take the cheque into the bank for them and they said they would give me a few shillings. I was not to wait for any answer and that was my idea for running out."
CHARLES BAKER (prisoner, not on oath), produced a statement, which was read:... "They asked me if I was out of work, and I told them I was.... They asked me if I would like to earn a few shillings, and I told them I would be only too glad. They showed me a cheque and asked me to take it over to the bank. They also said, 'If they ask you any question, come out again.' I was not thinking at the time the risk I was running myself into.... I have never been inside a bank in my life before.... I have been a tool for other people.... I have always had to work very hard for my living. This is the first time I have ever done such a thing, but I will try all I know to assist in getting these two men."
Verdict, Guilty of uttering.
Prisoner confessed to a previous conviction of felony at Bow Street on April 15, 1909, when he was sentenced to three months' hard labour for stealing. It was stated that for some years past he had been known to do casual work at Covent Garden, but was an associate of convicted thieves, one of whom had been Badsey, who died five months ago.
Sentence: Eighteen months' hard labour.
Mr. Tully-Christie prosecuted; Mr. Kent defended.
EMMANUEL WARTISKI , jewellers' traveller, 32, Green Lanes, Newington Green. On February 20 I told prisoner I had a lady's diamond ring to cell and asked him to help me to sell it. We went to Edgware Road, and he went to Robertson's, a pawnbroker. I waited opposite for 45 minutes, but he did not come out. I looked in and found he was not there. I rang up a book shop in Villier's Street, which was our meeting place should we miss each other; he had not been there at all. The next time I saw him was at Bow Street on March 30. The pawnbroker produced the ring.
Cross-examined. I had known prisoner 15 years, and have had previous transactions with him; he has always been straightforward. I know he has been the heavy-weight champion boxer of the world. This ring was not mine; I had it on approbation. Prisoner has pawned jewellery for me before. I gave him this ring to dispose of; he was either to sell or pledge it. A fortnight after he sent me in the pawn-ticket from Paris. The reason I did not pawn it myself was that he had told me he had been doing rather badly, and I wanted to put a few shillings in his way, not because the pawnbroker would know me as being Gadenburg's (the owner of the ring) agent. The ring was not get up specially to pawn. I did not move away from outside the shop. There is a stopping place for buses just there, and I might have missed him.
Cross-examined. There is only one entrance to the shop. He gave me Wartiski's name and address; he signed the contract in his own
name. He said that he was pledging it for his guv'nor. I did not tell him to hand the £37 to Wartiski. I knew nothing of Wartiski before this.
Detective WILLIAM MABCHANT, F Division. On February 29 I saw prisoner at the police station and read him a warrant charging him with converting this ring to his own use. He said, "Quite right, sir. I thought it was a breach of trust. I then went off to Paris. I am glad it is over. I am very sorry."
Cross-examined. He did not say, "I am glad it is over." He told me that there was a big boxing match between Carpentier and Sullivan and he went over to Paris to back Sullivan. He is a man who has had large sums of money. He has not been previously charged with dishonesty.
Mr. Kent submitted that there was no case on the first indictment, since it charged prisoner with having been entrusted with the ring to sell, and the evidence was that he was entrusted with it to pawn.
The Recorder stated that this was not the effect of the evidence.
Mr. Kent further submitted that there was no case on the second indictment charging prisoner with having received the money for and on account of the prosecutor.
The Recorder overruled this submission.
WOOLF BENDOFF (prisoner, on oath). I am 52 years of age. I used to be the heavy-weight champion boxer of the world. I now occasionally make a book. I have known prosecutor about 15 years; he has engaged me to pawn jewellery for him, as I get better prices than he does, the pawnbrokers knowing him to be a professional pawner. He told me this was a "chanceable" ring, and that it was well made up. I told the pawnbroker it was the prosecutor's ring, and signed the contract in my own name. After having been in the shop about 15 minutes I came out but I could not see him. There was a big match on at Monte Carlo between, Sullivan and Carpentier. I went over to Paris to speculate on Sullivan, and I am very sorry to say I took the £37 with me. I have tried my utmost to get the money to repay, and I am still willing to do so if I can.
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(May 3, 4, 6, and 7.)
HUNT, Thomas William (31, bust maker), obtaining by false pretences from Rose Riddle a postal order for 9s. 6d., from Blanche Fuller and Herbert Henry Fuller a postal order for 9s. 6d., from Ruth Bowes a postal order for 16s. 6d., from Catherine Jane Heberlet a postal order for 20s., from Daisy Axon a postal order for 24s. 6d., from Frederick Mark Newton a postal order for 17s. 6d., from Beatrice Lee and Ernest Howard Lee postal orders for 3s. and 2s., from Amy Ellen Burlong a postal order for 9s. 6d., from Hilda Rose Hasel-dine a postal order for 17s. 6d., and from Alice Denison and Ernest Abbott Denieon a postal order for 3s., and those several sums in money, in each case with intent to defraud and unlawfully incurring certain debts and liabilities to the said several persons to the said amounts did obtain credit from the said several persons under false pretences.
Mr. Travers Humphreys and Mr. Cecil Whiteley prosecuted; Mr. Purcell defended.
ROSE RIDDLE , 1, North Road, St. Denis, Southampton, domestic servant. In May, 1911, I saw an advertisement, published in "Well-don's Journal" of August, 1910, of the Regent Bust Company, 83, Regent Street, to whom I wrote and received price list (produced) giving a number of models. I selected dress model No. 332, sent postal order for 9s. 6d., and received letter of May 24 from the Regent Bust Company, Limited, stating that the model would be dispatched in about fourteen days. As it did not arrive I wrote several letters during June, and on July 24 wrote demanding that the model should be sent or my money returned. I received no reply and instructed my solicitors, who wrote letter produced. I did not receive the model or my 9s. 6d.
Cross-examined. I received my model on March 1, 1912, after these proceedings had commenced and I had given evidence at the Police Court.
BLANCHE FULLER, RUTH BOWES, CATHERINE JANE HEBERLET, DAISY AXON, FREDERICK MARK NEWTON, BEATRICE LEE, HILDA ROSS HASEL DINE, AMY ELLEN BURLONG , and ALICE DENISON all gave evidence to the same effect: of having read an advertisement in "Welldon's Journal" or "Fashions for All" of the previous year, 1910, forwarded an order and remittance in 1911 to the prisoner under the name of "The Premier Bust Company," 59 and 61, New Oxford Street; "David Fernie and Co., of 61, Tottenham Court Road; "The Parisian Bust Company," 150, Oxford Street; "the Regent Bust Company," of 83, Regent Street; "The Ideal Dress Form Company.," of 65A, Oxford Street; or "The Paris Model Company," of 150, Oxford Street; in each case a promise to forward the model in fourteen days, repeated applications without result, the model in all cases being forwarded at the end of February or beginning of March, 1912, after the prosecutrix had given evidence at the Police Court.
THOMAS HUGH GRIFFITHS , cashier, London and South Western Bank, Great Portland Street. I produce copy of prisoner account from January 1 to June 30, 1911, when it was closed by 4s. credit being written off for bank charges. On January 11 there is an overdraft of 10s. 2d.; on May 23 an overdraft of 6d.; on June 1 a balance of 1s. 6d.
Cross-examined. The account began in 1906 and was a substantial one down to 1910, with an annual turnover of about £3,000 or £4,000.
Evidence of prisoner's accounts at the London Joint Stock Bank, Cannon Street, and the London and South Western Bank, Clerkenwell, was given, showing very small balances in 1911.
ALBERT CHARLES BONHAM , member of W. and F.C. Bonham and Sons, 65, Oxford Street, auctioneers. My firm let to prisoner, from September 29, 1907, two rooms on second floor of 65A, Oxford Street, which he occupied to December 20, 1910. The "September, 1910, quarter's rent not being paid we distrained, the goods only realising £5.
Cross-examined. Up to July, 1910, prisoner paid his rent regularly and was a satisfactory tenant and, I believe, carried on a substantial business.
Similar evidence was given with regard to prisoner's renting of 59 and 61, New Oxford Street, from July 20, 1908; Albion House, New Oxford Street; 83, Regent Street, from July, 1908; 61, Tottenham Court Road, from June, 1908; 150, Oxford Street, from May, 1909; and 65, Shaftesbury Street, New North Road, from February, 1909—that he carried on a business and fell into arrears in his rent towards the end of 1910.
HENRY LEE , bookkeeper to H.W. Scriven, advertisement agent, Ludgate Hill. I have inserted advertisements for prisoner as the Paris Model Co., of 83, Wells Street, in "Welldon's Journal "and "Fashions For All" from 1908 to 1909; as the Continental Bust Co., of 23, Margaret Street, Regent Street, and 59 and 61, New Oxford Street, from 1907 to 1909; as David Fernie, of 61, Tottenham Court. Road, from 1908 to 1909; as the Ideal Bust Co., of 65a, oxford Street, during 1908 and 1909; as the Regent Bust Co., of 83, Regent Street in 1909; as the French Model Co., of 61, Tottenham Court Road in 1909. I ceased to insert advertisements for prisoner in August, 1910. He then owed my firm £565, his first bill being dishonoured on September 2, 1910—the bills were usually at three months. On December 16, 1910, I attended a meeting of prisoner's creditors where prisoner produced a statement of assets and liabilities showing a deficiency of £2,065 5s. 2d. Among the liabilities was £671 "Customers moneys received for goods which have not been supplied." None of the £565 due to my firm has been paid.
Cross-examined. The meeting of creditors was very friendly towards prisoner, was satisfied that prisoner intended to clear off the arrears of orders for which he had received cash (though I doubted whether he would be able to do so) and arranged that he should have am opportunity of retrieving his business, on condition that he gave up all his offices except one and took cheaper premises. A resolution was carried that the meeting be adjourned for six months, a committee being appointed with power to summon a meeting of creditors, prisoner undertaking not to draw more than £3 a week and to vacate all his present expensive premises, Mr. Morgan to be asked to supply
busts at cost. It was the general impression that he was an honest man who had met with misfortune owing to competition.
HERBERT OWEN , advertisement manager of "Fashions For All." I inserted advertisements from May, 1908, to December, 1910, for prisoner under the name of the Ideal Dress Form Co., of 65a, Oxford Street, the Paris Model Co., of 83, Wells Street, and David Fernie, 61, Tottenham Court Road. The advertisements were shopped on account of complaints received from readers that the goods ordered were not supplied. In January, 1911, prisoner saw me with reference to my letter of January 10, 1911. He made various excuses, stated that he had been in difficulty with his partner, that he was sending off the goods ordered and was doing his best. He called half a dozen times before and after that letter. We wrote a number of letters to him giving lists of persons who had complained. We received about eighty complaints.
ARTHUR ROBERT BUCKLER , advertisement manager of "Welldon's Journal." I inserted advertisements for prisoner in the names of the Paris Model Co., 81, Wells Street, and 150, Oxford Street, the Ideal Dress Form Co., 65a, Oxford Street, the French Model Co., 61, Tottenham Court Road, the Continental Bust Co., 23, Margaret Street, and 59 and 61, New Oxford Street, and the Regent Bust Co., 83, Regent Street, up to October, 1910. We received a large number of letters of complaint and sent prisoner lists of names and addresses of those who had not received goods paid for. I gave prisoner a list of fifty or fifty-two who wrote complaining in January, 1911. Werefused to insert further advertisements.
Detective-sergeant ERNEST HILL, C Division. During 1909 and 1910 I several times visited 83, Regent Street and 65a, Oxford Street. I had great difficulty in finding prisoner. On October 24 and 31 and November 21, 1910, he came to Vine Street in consequence of messages I left. I spoke to him with regard to a number of complaints I had received of non-delivery of goods ordered and paid for from the Regent Bust Company. He said the delay was caused by pressure of business; he would endeavour to get the orders out, and and spoke of his inability to obtain sufficient skilled labour to cope with the number of orders received. He said the Regent Bust Company had 200 orders outstanding, some of which dated back to July. He said he had practically ceased, advertising and he hoped to have everything shipshape before the new year. On November 30 I saw him with regard to complaints of the Regent Bust Company and the Ideal Dress Form Company. He put forward the same excuse, he said each of those companies had about 300 orders unexecuted. On December 8 he said he had closed down his factory at Shaftesbury Street and was making some arrangement with Barker; he would see me on December 13 to let me know the result. I next saw him at the police court.
Detective-inspector EDWARD BARRETT, New Scotland Yard. During 1911 I received a great number of complaints with regard to the Ideal Dress Form Company, the Regent Bust Company, the Premier Bust
Company, and David Fernie. I made several attempts to see prisoner at 150, Oxford Street, where the names of the five companies were painted up on a top back floor room. On January 19, 1911, I saw prisoner. I said, "I have called on behalf of a Miss Wilkins, who has paid 9s. 6d. for a model which she has not received." Prisoner found the original order. He said, "About seven of my books were stolen at 65a, New Oxford Street, so the measurements and addresses are lost. I have bought out all the other members of the company, costing me £200. I am now executing the old orders of the Ideal Dress Form Company and others. At present I am in difficulties, but I am trying my best." On April 5, 1911, I saw him by appointment and said, "I am instructed to supply you with the names and addresses of complainants," and handed him a list of 250 names and addresses from all parts of the kingdom and some from the colonies, all in the year 1910. I gave him further lists on May 25, June 14, 24, and 28, and July 10 of 273 further complainants. On January 29, 1912, at 1.15 p.m., I saw prisoner at 347, City Road. I said, "You know me, Mr. Hunt. I hold a warrant for your arrest." He said, "What—are you prosecuting me?" I said, "The Warrant is issued at the instance of the Director of Public Prosecutions," and read it to him. He said, "Who do you say?" I said, "The offence of which you are arrested is in the name of Miss Amy Ellen Burlong, of Cedar House, Wimbledon, for obtaining 9s. 6d. on October 1 by false pretences." He Said, "Is that the only complaint?" I said, "There are a great number of other complaints, but for the purposes of the warrant Miss Burlong's case is the one mentioned." He said, "I have had a struggle—do what you can for me." On the way to the court he said, "A man named Morgan is responsible for my position. He agreed to accept £700, I paid him about £200, and when he got the money he opened in opposition against me and cut the prices. I shall have to put up with the consequences. I do not mind for myself, it is my wife and children I am thinking about. I have no money and have overdrawn my account at the bank. I have just been joined by a Mr. Churchill, who has put £150 into the business. Of course, he knows nothing about the unexecuted orders for the Ideal Dress Company, the Premier Bust Company, the Regent Bust Company, and the others; he will be staggered. I hope he will bail me—it looks like a long job." I found in him 5s. 1 1/2 d. cash, seven pawn tickets, a notice from the London Joint Stock Bank demanding the return of unused cheques and other letters. I took possession of the large number of books and documents at 347, City Road.
OWEN WYATT WILLIAMS , 14, Ironmonger Lane, chartered accountant. I have examined prisoner's books. From October 1, 1910, to November 30, 1911, £694 19s. 6d. was received for orders; value of orders despatched £405 0s. 1d. From December 1, 1910, to November 30, 1911, prisoner received 1, 111 orders, of which 150 were not executed.
The case for the prosecution being closed, The Common Serjeant said that the first set of counts as to the false pretence alleging that the prisoner had no real business were bad,
as it was apparent that there was a real business carried on, though it might be speculative and sanguine; the counts as to incurring debt and liability by false pretences, there being no liability to pay back the money but only to send the article, also could not be supported.
The jury by the direction of his Lordship returned a verdict of Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, May 3.)
PAGE, Francis Henry (51, agent), GLENDINNING, William Henry (49, clerk), and MARSHALL, Frederick (49, manager) , all feloniously demanding with menaces from Anna de Hamil de Manin £1,000 and certain valuable securities, to wit, four bills of exchange accepted by her, with intent to steal the same; Page and Glendinning stealing four Bills of Exchange for payment of £100 each, and a neck chain and pendant, the goods of Anna de Hamil de Manin; all conspiring together to defraud Anna de Hamil de Manin and unlawfully by false pretences causing and inducing her to accept four bills of exchange for £100 each, and to affix her name upon a certain paper in order that the same might be converted into and used as a valuable security, in each case with intent to defraud; feloniously by unlawful means compelling and inducing Anna de Hamil de Manin to accept four 'bills of exchange for £100 each and to affix her name to certain papers in order that the same might be converted into and used as valuable securities, in each case with intent to defraud.
Mr. Travers Humphreys and Mr. E. Percival Clarke prosecuted; Mr. Muir and Mr. Walter Frampton defended Page; Mr. E.E. Wild defended Glendinning.
Page and Glendinning were now tried, Marshall being too ill to be brought up.
Cross-examined by Mr. Muir. John Hamilton Dobbie did not swear an affidavit before me on May 26, 1911.
Cross-examined by Mr. Wild. Kimptons are just ordinary offices. There was nothing extraordinary about them.
Countess ANNA DE HAMIL DE MANIN., 35, Circus Road, St. John's Wood. I know John Hamilton Dobbie. I met him on board ship coming from New Zealand to Australia 12 or 13 years ago. I also knew at that time Daniel O'Connor, a man of considerable position in Australia. He and Dobbie were acquainted with each other. I did not see much of Dobbie after meeting him in 1899. I saw a good deal of O'Connor in Australia. I next saw him in London; he came
from San Francisco the year the fire took place there. I me; O'Connor in 1907 in my own house. I met Dobbie in 1907. Mr. Dobbie was not then married. Mrs. Williams is a step-daughter of Lady Pink. Lady Pink asked me to invite Dobbie down to the house when I was saying at Lady Pink's. As a result of that introduction Mrs. Williams went out to Australia to marry him. They became engaged on the evening of the day they were introduced. I received a wedding card. About that time I wrote letters to Lady Pink, Harold Pink, and Mrs. Williams. I never wrote anonymous letters in my life. I first knew of O'Connor writing anonymous letters in May or June, 1907, when Dobbie brought them to me and left them for me to read. I recognised them as O'Connor's. Dobbie also had a letter of O'Connor's and knew he had written them. As, Dobbie was sailing for Australia he sent a man up for them. I next saw Dobbie on April 2 last, that was when I got on the P. and O. steamer Persia at Port Said. His wife was on board with him. We were all quite friendly. They left the ship at Marseilles; I came on to London, arriving on April 22. That was the date he gave those letters to prisoners. I did not see O'Connor until 'May 6, when he sent to tell me what prisoners were doing against me. He telephoned first and celled in the afternoon. My daughter, Mrs. Petre, was there all the time. On May 8 I received a letter from O'Connor. I showed it to my daughter. Up to that time since leaving him at Marseilles I had not seen or heard from him. In the afternoon of May 8 Mr. Freeman Lloyd called. The name of Pain was sent up with a business card, "Kimptons, Adelphi House, 71-2, Strand, W.C" After sending out twice to him he said he had to see me on most urgent business. Then he sent that card. I saw him. He said he had come from Mr. Dobbie asking if I could give information about Mr. O'Connor and if I Would tell him what I knew about the anonymous letters which he had written. He said a warrant was out for O'Connor's arrest in regard to the libellous letters. He said no harm would come to me; he did not want to injure me. Something was said about, letters I had written, which they had. I said I had only written letters in a friendly way and all my letters were signed. He said I had written anonymous letters and it Was a very easy matter getting them back if I would sign a letter of apology. I said, "I do not know how to write a letter of apology; I have never done such a thing." He said, "I will dictate it to you." He dictated every word. I asked him for the letters. He said he had not them with him, but they would be handed to me by the firm. I did not know O'Connor had written anonymous letters. I was not by him when he wrote them. I received a letter from him on May 8. I showed that to Freeman Lloyd. He read it through and handed it back. He had some whisky, looked all round and at my pictures; he asked if he might photograph one. I thought it a most extraordinary thing to do. Next day he sent a man named Page, who sent up a card similar to the one sent up the day before. The interview was virtually the same thing over again as with Freeman Lloyd. He also said the warrant was out and
O'Connor would be arrested. He asked me to show him O'Connor's letter. He read it and said, "Might I take it to my firm and to show to my solicitor?" I asked him for the letters. He said he could not bring them; I would have to see his solicitor. Would I mind going down next day to see his solicitor? He took O'Connor's letter with him. I saw that letter again with eight letters Marshall brought in under his arm on the 11th. I could not swear they were burnt. I only saw a little smoke. Until the 11th not a word was mentioned about my having to pay money. I went alone to 171, Strand, on May 10. I went up in the lift. I saw Giendinning. He said he was a partner in the firm. I said, "I have come for the letters." He said he could not give them to me, that his solicitor had received them and would I mind meeting his solicitor to-morrow and he would make an appointment on the "phone. He said, "We know you have £12, 000 a year. You are a rich woman." That is all that was said with regard to money. Nothing more was said about the anonymous letters. He said, "You will not like to be shown up and your name to go in the newspapers. You have your position to keep up as the mother of a family." An appointment was made by telephone for the next day at 3 o'clock. I drove there in my car, and quite by accident I took my daughter for the drive. She remained in the car while I went upstairs. I was shown first into another room. It was a glasshouse, glass walls all round and doors without handles and springs. Glendinning was alone and he conducted me through another room into a room which he said was a board room with a large table covered with green baize. There were a few chairs. Before anyone else came in he said, "This is an awkward matter for you." I said I did not understand it at all. Page next came in. He took the armchair at the end of the table with his back to the door. They said their solicitor, Mr. Marshall, was coming. Then Marshall came in with a bundle of letters under his arm. Glendinning and Marshall sat opposite each other. Page and I occupied the other two sides of the table. When Marshall sat down he put the letters on the table and said, "Countess, this is a very awkward thing for you." I said, "I do not understand you." He told me I had written the anonymous letters which he had there. I said I had not. I told him it was O'Connor who wrote them. Then we spoke about the letter O'Connor had written to me. I said, "If you do not believe me you had better send for my daughter; she is down in the car; she was present when Mr. O'Connor called." Glendinning fetched her. She sat next to me. She asked Page why he had given all that champagne, two bottles to O'Connor, and he said, "It is a convenient method of loosening people's tongues to get to know what you want. As to the authorship of the anonymous letters she said O'Connor had told her he only had written them and that I had nothing whatsoever to do with them. They asked her several questions, if it was true what I had said about being badly shipwrecked and losing my jewels. She said it was quite true. Glendinning had said to me, "You must have valuable jewels and you must
have scrip." I explained that my memory had been rather affected by the shipwreck; I lost my memory entirely; I was a great sufferer for six months. Not a word was mentioned about money before my daughter came. They got her out of the place before anything was mentioned. Glendinning took her into another room. He asked her to go out. He came back again. Then they told me I had written these letters. I told them I had not. They said, "You will have to pay £1,000." They virtually all said it at different times, and said I should be arrested if I did not pay it. I should be taken to Bow-street that night and I should sleep there and be brought up there next morning. They said, "You are a rich woman, you have £12, 000 a year and can well afford to pay it." I said, "I have done nothing and I did not write the letters." I told them I could not pay it. They wanted to know how much I had in my bank. I think it was Page who asked that. I said £5. I did not know how much I had in my bank. Then Marshall suggested that Glendinning should go with me to my bank and arrange for an overdraft of £1,000. I said I should do nothing of the sort and would not go with them. Then Page suggested £500. Marshall said, "Yes," and left the room saying," I will go and consult headquarters." He returned in a few minutes. He seemed as though he had been running and was out of breath. He said, "It is arranged for £500." Page turned round and said, "No, it is £400." Then Marshall said, "Let it be £400." Marshall said, "You must give bills." Page suggested £400 before Marshall went out. I said, "I do not understand bills." Page went into a sort of ante-room and brought in five bills. He spoilt one, and Glendinning got out of his chair and said he would do that business. I did not examine them. When I signed these names were not on them. They told me again if I did not do it they would get a warrant and I should be taken to Bow Street that night and I should sleep there and be brought up again next morning. I was in an awful state. I did not know what I was doing. It made me nearly mad. It absolutely brought tears to my eyes. Glendinning asked me to have champagne. I refused. Then he said would I have a cup of tea. I had the tea. They took some in to my daughter and she refused it. I was very sorry I did take the tea. I felt very bad indeed after it. I gave my little dog that I had in my lap some of the milk, and she went to sleep for five hours, a thing she had never done before. I had the tea before I signed the bills. I have no recollection of signing anything else, but I must have done because I saw the documents in the trial. They are Exhibits 16 and 17. That afternoon I was wearing a long gold chain with pearls all the way round. I always carry a large bag, but on that occasion I left it under the cushion in the car. I was wearing other jewellery, which I told them was sham because they told me they must have some more money beyond the £400. Marshall said, "Let her have it; you have enough." Glendinning then said, "We want £75 for counsel's fees." One piece of jewellery was imitation, the other was all real. I signed the bills with my gloves on. Glendinning
told me to take them off. He did not say why. 1 was wearing rings. The impressions of the rings could be seen through the gloves. Page and Lloyd saw the rings when they called. Lloyd said, "What lovely rings you have." They gave me a receipt for the jewellery they took. I think Glendinning signed it. Marshall had O'Connor's letters and mine. Page told him to hand them to me. I just looked through them. There were only eight, including a friendly letter I wrote to Mrs. Dobbie on the ship. O'Connor's letter to me of May 8, three of O'Connor's letters and three friendly letters I had written to Lady Pink and Harold Pink. Glendinning said, "Page will burn them for you." He took them to the fireplace. There was no fire. I did not destroy those letters. I had only torn two just across one page. He put those letters as far as I could see—it was very difficult for me to see—on the ashpan, an old-fashioned grate. I saw some smoke. Whether they were all consumed I cannot tell. Then Glendinning said, "It is over; it is all done." I said, "What is going to be done to O'Connor, who wrote the letters?" He said, "Nothing; he goes free." I do not know whether my daughter was in the outer room or another room or gone down to the motor then. At that time I was meditating changing my solicitor. It is absolutely false that I was asked to bring my solicitor with me. In introducing Marshall they said he was the best solicitor in London. Marshall said he would like to come to my house and look through my papers, or I could go down to his place and he would give he the first interview free. I then said, 'What is your name?" He said, "Marshall." I said, "What Christian name?" He said, "Fred." I wrote it down. I said, "What are you?" He said, "Solicitor." I bought the chain and pendant second-hand in Algeria for £65. I gave it to Glendinning or Page because he said I must take it off my neck and give it to him. I was so terrified. I felt as if I could have signed and done anything. When I went down to the car I was sobbing. My daughter was in the car. My bag was under the cushion. The interview lasted about three hours. I heard no more of these bills or these people until I received a letter from the London Banking Corporation. I then saw Mr. Percy Becher. He acted for me in the action which the bank brought against me and the one I brought against these people. I claimed these bills back on the ground that they had been obtained by fraud and duress. I gave evidence in that action. Defendants were in court during the trial. I did not see them until the end of the trial. Neither was called as a witness. Judgment was entered for me. The statements in Page's affidavit are absolutely false.
To Mr. Wild. I have written nothing of which I am ashamed. I had nothing to do with the anonymous letters. O'Connor was prepared to support me in my denial. I was not very much attached to Mr. Dobbie. I do not know where he is at all. He pressed me to marry him several times. I did not care about Mr. Dobbie's engagement to Mrs. Williams one way or the other. He was only an acquaintance. I did not know that Mrs. Williams purchased her trousseau, or that the marriage would have taken place forthwith but
for the letters. All I knew was hearsay. I had only been introduced to Mrs. Williams the day before. I would not have married Dobbie on any occasion. The anonymous letters, I think, were written about June. My friendly letters to the Pink family were written later. I was not in the habit of writing to Lady Pink or Harold Pink. In my action against Kimptons, or the bank against me, I believe, I swore an affidavit as to what documents I had got. The letters of which I gave copies to Sir Charles Mathews were in store. I had not found them. I did not omit them from the affidavit. They were out of my memory. They contained nothing bad about Mr. Dobbie. My memory is very bad. I do not remember whether I wrote to the fiancee of Mr. Dobbie. I cannot remember anything I said in those letters. Mr. O'Connor's evidence before an Examiner in view of my action was not on my behalf but on his own. He would have been a party to the action if he were here. I do not remember O'Connor telling me he had instructed Poole and Robinson to deny his authorship of these letters. His reason was that he was leaving for Australia on important business and did not want to be kept here for the trial. Poole and Robinson were my solicitors. I did not send O'Connor to them. Poole told me O'Connor had told that falsehood in order to escape. Mr. Poole did not appear annoyed at that but because he had not got his fee. Dobbie did not depart to Australia owing to having discovered the authorship of the letters. He knew perfectly well and had written to me about it. I wrote some months afterwards that Dobbie had gone to Australia. Mrs. Williams went out to marry him and not to ascertain if what the slanderers had been saying was true. I heard indirectly that the engagement was broken off. She married him the day she arrived. The wedding-card she sent me is in Court. I see by the card handed me the marriage took place twelve months afterwards. I did nothing to stop it. I do not believe anything unless I can see it with my eyes. I believe I can be locked up at Bow Street for nothing. I know nothing about Mr. and Mrs. Dobbie's movements between 1907 and 1911 when I met them on the ship. I did not know he was anxious to ascertain the authorship of the anonymous letters. On the contrary. I said to him, "Have you done anything with those anonymous letters?" He said, "No, they are too old; it is too long since; let them die." I do not care what he has sworn. He knew the author, and told me all about it. He brought the anonymous letters to me with the letter of denial of O'Connor's. O'Connor owned it. I did not pay O'Connor's passage to Australia. I did not know he was penniless. Freeman Lloyd did not say that Dobbie had instructed. Kimptons. I had never heard of Kimptons. I was not frightened at that interview. O'Connor was only a friend. I wrote the letter of apology because Freeman Lloyd said it was an easy way of getting the letters back and I thought I could return them and perhaps renew the friendship between the two men. I had nothing to apologise for. I wanted to aid O'Connor. Glendinning asked me questions about O'Connor. I did not say he was a blackguard. I did not say I had
rigged him out as he was destitute, or that he had bought clothes and sent the bill on to me, or that he had robbed a lady of £300, or that I had refused to see him alone. I regard Dobbie as a blackmailer now. Glendinning said nothing about not being able to deal with the matter in the absence of Page. He said he must see their solicitor. 1 never suggested paying for the letters and I was never asked to buy them. Glendinning never suggested my solicitor should be present. I did not say I did not wish my solicitor to know I had written such letter. He did not then say, "If you won't bring your solicitor you must bring a member of your family." On May 11 Marshall and Page did not come in together. Page came in afterwards, and afterwards Marshall came in with the letters under his arm. The place struck me as peculiar. It had wavy sort of glass all round. I do not mean mirrors. The walls consisted of glass. I did not say it was suspicious. I could not open the door. I was very surprised at their saying I had £12, 000 a year and was a rich woman. I do not know why I did not walk out. I went for the letters, certainly. The appointment was to go and get them. Nothing was mentioned about money until after Mrs. Petre came up. They asked her about my means. I never thought of walking out then; I wish I had. I did not regard it as insulting. I did not like it. I never suggested I was locked up or restrained. I was not anxious to settle the civil liability for those letters for myself and O'Connor, or bargaining as to the sum to be paid for that purpose. I did not explain that my income had been reduced in consequence of my son having gambled away a 'partnership. It is a perversion of the truth. I never had a on in Switzerland to support. I only spoke of one son. I did not say I had children to support at Circus Road. I told them I had to support some grandchildren. I said I should be receiving £1,400 in May. It is untrue that I tore the letters one by one into fragments. There were not twenty-two but eight only. I believe the anonymous letters were written one afternoon in 1907. I could not swear it. They were written at the other end of the room at my? daughter-in-law's house. I drove O'Connor there to a tea party by invitation. He asked her for notepaper. She told him the ink was at the end of the room. I did not write the letters and never even saw them. I was affected by the drugged milk. I asked for a receipt for the collateral security. I was awake. It made me feel very bad. I was sufficiently mistress of myself to say my jewellery was sham when it was not.
(Monday, May 6.)
To Mr. Muir. I believe Bobbie's engagement with Mrs. Williams was broken off, but not on account of the anonymous letters. I was told that by Mrs. Scott Dawson. Dobbie did not tell me then, but a long time afterwards. He asked me to marry him after his engagement to Mrs. Williams. When he arrived in Australia he wrote asking me to go out and take my maid and my horses and dogs with me, and
said he would take me to church and marry me quickly before anybody else had a chance to. I wish I had the letter. Many people have seen it. He also offered to marry me before his engagement to Mrs. Williams. He did not offer me marriage after the engagement was broken off. I swore before the magistrate. "His engagement with Mrs. Williams was broken off, and then he came to me again and asked me to settle £500 a year on him and marry him.' He pressed me so many times to marry him, perhaps I do not remember. When he brought the anonymous letters he again repeated his vows. It was Dobbie who first told me O'Connor had written the anonymous letters. O'Connor told me he had written letters; he did not say anonymous he might have told me about ten days after they were posted. He did not tell me where he had written them. He told me to whom they were written. Dobbie first told me where they were written. It was not from Dobbie I learned that they were written in my son's flat while I was there. It was from O'Connor. The first time I heard it was when Dobbie brought those letters to me. I did not know the letters were written to Lady Pink, her son and Mrs. Williams, only I was told. I did not know they were anonymous until I saw them. I did not show them to O'Connor, because I declined to speak to O'Connor after that. At the May 11 interview Glendinning took the tea from somebody; I did not see who it was. I did not notice by the china and things that it had come from a shop. Up to that time I had not signed any documents, and no threat had been made. The sum was reduced to £400 after the tea. I was asked after that what money I had in the bank. I said £5. As a matter of fact I had £3,000, but I did not know it. It was after that that they proposed bills. No threat was made while my daughter was in the room. The bills were accepted across the face of them after I had been drugged. I was perfectly well able to write my name. I wrote with my gloves on. I could not say if Exhibits 16 and 17 are signed by me. I have a doubt. I have no recollection of signing them. Exhibit 19 has 'Fred "and "solicitor "in my writing. That was the last thing I wrote before I left the room. When I made my affidavit of May 27 I did not remember having signed the two letters referred to in Page's affidavit.
Re-examined. It was about a week after some of the letters were written by O'Connor in my presence that I saw Dobbie. It is five years ago now. Dobbie left three of them with me for a week. He knew the writer and told me he knew. He also produced a letter of O'Connor's and compared it. The letters were not addressed to Dobbie. They were to Harold Pink, Lady Pink and Mrs. Williams. I received a letter from Dobbie just before he left for Australia, dated July 23, 1907. It mentions one of the anonymous letters. He did not at that time suggest that I had anything to do with them. So far as I know he has never suggested I had.
MADELINE PETER . I am a daughter of the last witness. I was present at my mother's house when O'Connor called on May 6 last year. Two days afterwards my mother showed me a letter she had received from. O'Connor. On May 11 I accompanied my mother to
Kimptons. I did not know she was going there when we left home. I merely went in the car to have a blow. I remained in the car till Glendinning came and said would I go up to my mother. He did not say why. When I went up my mother, Marshall and Page were in the room. Glendinning showed me in and remained. They questioned me about what was said by O'Connor when he came to my mother's house that time, particularly about them. I told them. I was not asked questions in that room about other subjects. I asked why they gave O'Connor champagne. Page said it was to loosen his tongue to obtain information they desired. After that I was shown to another room by Glendinning. I was left alone for a time, but they kept on visiting me, all three of them, and talked on ordinary subjects. Page asked me if my mother had been shipwrecked. On another visit he asked if she was excitable. I said, "No, why?" He said, "Well, she is very excited now." I was in that room roughly two hours. Marshall showed me down to the car. About a quarter of an hour afterwards my mother came down. She was very frightened, very much upset, nearly collapsed. She had a bag when she left home. She left that under the cushion in the car when she went into the office. She was there about three hours.
To Mr. Muir. The bag was hidden. It was not taken out till we reached home. Before she went into Kimptons she said, "I will leave my bag. "It was her habit. Page asked whether my mother had been shipwrecked. He did not mention jewellery. He asked what she lost. I said everything went down with the ship. Nothing was said about jewellery while I was with my mother and them. My mother did not tell me what her business was with Kimptons. I first heard that letters had been written by O'Connor after I left Kimptons that day.
JOSEPH ERNEST STEEL , clerk to Mr. H. Becher, solicitor, 26, Bedford Row. The countess first consulted Mr. Becher on May 19, 1911. Next day she swore an affidavit for the purpose of obtaining an interim injuncotion to restrain Kimptons from parting with the bills and jewellery. I did not put in the affidavit everything I knew about the case; I put in what I considered sufficient to get the injunction. We continued to represent the countess until judgment. Kimptons were represented by Mr. Fuller. Marshall attended as Fuller's representative. Close upon the trial there was a change of solicitors from Fuller to Sherrard Stephens and Co. There was another action by the bank against all the parties to the bills. They were not consolidated. The judge directed that they should be heard at the same time. No defence was offered in court to the countess's claim. I was in court all the while. Page and Glendinning were in court. They were represented by counsel. Marshall came in during the course of the day. late in the proceedings. Prisoners were there practically the whole of the time.
To Mr. Wild. There was no order for consolidation. In the first action the bank were plaintiffs: the Countess, Page, Kimpton, and Glendinning were defendants. There had been only one bill discounted.
The countess has parted with no money at all in respect of the bills. There was an interlocutory injunction restraining parting with the pendant. The pendant is in the hands of the police. The next case was the Countess v. Kimpton and Page. Kimpton was not a party. Mr. Justice Darling decided to hear the two actions in one. I knew of the letter of apology before the countess swore her affidavit of May 20. I did not know it had been destroyed. I did not believe it had been destroyed. I had information from the countess as to what she had written. It is not an awkward letter to get over if properly read—punctuated properly where the word "also" comes. I think the affidavit was fair. I had to satisfy the Court that there was material for an injunction and I suggest I have done.
ALFRED JOHN HOGG , assistant to Mr. George, pawnbroker, 402, Strand. I know Page and Glendinning as being at Kimptons. They came to my shop on May 11. Page produced a chain and pendant for an advance. They finally had £12. I offered £17. Exhibit 8; is the contract note. On the 13th they came back for a further advance of £5. Exhibit 9 is the fresh contract.
To Mr. Muir. Glendinning has deposited, with me before to the extent of £50. That has been redeemed. I suppose their idea in taking £12 was to keep down the interest.
GEORGE BROWN , accountant, Australian Bank of Commerce 2, King William Street, E.C.J.H. Dobbie is a customer of our bank in Sydney. Three bills of his were received on May 13 for collection. He would have the money if they were paid.
To Mr. Wild. If the bills had been met Mrs. Dobbie would have had the money.
Detective-sergeant ALBERT BURTON, New Scotland Yard. On December 2 I saw Glendinning at Hornchurch Road, Romford. I told him who I was. He said, "Do you want me?" I replied, "Yes, you will have to accompany me to Romford Police Station to see Chief Detective Bower of Scotland Yard, who holds a warrant for your arrest." He said, "I have been expecting this, but I did not think it would be before Tuesday; upon whose authority was the warrant granted, Mr. Justice Darling or the Public Prosecutor?" I said, "The Public Prosecutor applied for the warrant." He said, "Sir Charles Mathews has not lost much time, has he?" At Romford Police Station Chief Inspector Bower read the warrant to him and he said, "I did not expect it so soon; I should not have run away; I always stand and face my difficulties; I have lived here 12 years. You know you have not cautioned me that what I say will be used in evidence against me. "I searched him and found upon him a contract note for the gold and pearl chain pledged with George on May 13. I also found a receipt dated December 2, 1911, for £17 handed to Ernest A. Fuller by Page and Glendinning for safe keeping. Page and Glendinning were subsequently brought up at Bow Street Glendinning said, "Dobbie had the bills and, as far as I know, they are at the Australian Bank in London." Page said, "Yes, I believe that is so." When Page was asked his name he said, "Francis Henry Page; I am Kimpton" or Kimptons. Glendinning said, "I am the
manager." After they were charged Glendinning read the charge aloud and said to Page, "It is a very light charge." Page replied, "Yes," and addressing me said, "It is quite true, we did do what is alleged in the charge, but when we did it we thought it was quite legal." Glendinning then said to Page, "They have not charged us with the gold chain," and addressing me he said, "You have the contract note for it, also the receipt for the £17 to redeem it, which we have handed to our solicitor. It was only put away for safe keeping." Page said, "I should like the police to take possession of it." The receipt is dated December 2. That was the date of arrest. I went with Inspector Bower to 71, Strand. I think there were seven or eight offices on the first floor. As you enter a sort of office you go along a passage and there is a swing gate with a catch on. As you go inside it swings back and it cannot be opened until a latch is loosened from inside the office. Then there are doorways that lead into various offices, which are partitioned off by wooden partitions and darkened glass screens at the top—ordinary glass. I have seen prisoners' writing. I should say the letter of May 11 is in Page's writing. I should say the body of the bills of exchange handed to me is Glendinning's writing, also the endorsement. The signature "F.H. Page" is Page's.
EDWARD JAMES BAND , secretary, London Banking Corporation, Limited (in liquidation). I see by the books that my bank while it was doing business discounted a bill for Glendinning on May 17 for £100. I have no personal knowledge of it. It was accepted by the Countess de Hamil de Manin. The cheque drawn by the bank was paid in to Glendinning's account on May 17. On the same day he drew a cheque to self for £60, and on the 18th there is a cheque payable to F. Marshall for £15. Marshall did not pay it into his account.
(Tuesday, May 7.)
Verdict (both prisoners), Guilty.
A previous conviction on May 9, 1906, for obtaining money by false pretences (sentence two months in the second division) was proved against Page. On behalf of Glendinning a witness to character was called. It was stated that prior to Page's connection with Kimptons, which started 12 months ago, he had been honestly employed.
Sentence (each prisoner): Twelve months' hard labour; to date from January 9 last.
The trial of Marshall was further postponed.
BEFORE THE RECORDER.
(Saturday, May 4.)
KNIGHT, Charles (56, dealer), and THOROGOOD, William (28, flower seller) , stealing one mare, one van, and one set of harness, the goods of Henry May and another and 17 carpets and other articles, the goods of the Oriental Carpet Manufacturers, Limited, fend feloniously receiving the same.
Mr. Curtis Bennett and Mr. Briggs prosecuted; Mr. Turrell defended Knight.
ALBERT NICHOLLS , carman in the employ of Messrs. H.G. May. My employers act as carmen for the Oriental Carpet Manufacturers, Limited. About 1 p.m. on January 10 I went with a horse and van to their premises, 4a, Newgate Street. The horse was worth about £15, the van about £27, and the harness £9. I collected 23 bundles of carpets and went to Cecil Chambers, Strand, the first place I had to call at. I delivered one bundle; I was inside about three minutes. When I came out the horse and van had gone. This was about 3.10 p.m. I next saw them at my employers' yard at about 9 p.m.; the van was empty. (To the Court,) I had no van boy with me.
JAMES REGAN , despatch porter, Oriental Carpet Manufacturers, Limited. On January 10 1 loaded a van driven by the last witness, and Exhibit 2 (produced) is a list of the goods. Each carpet had a label upon it similar to this (Exhibit 4); it bears our trade mark, a description of the carpet, and the code prices. This is the sort of label (Exhibit 6) that was attached to the rugs.
Police-constable ARTHUR LOMAN, 124 J. About 5.30 p.m. on January 10 I was on duty in Whiteman Avenue, Dalston, when I saw a horse and van unattended. It was empty and bore the address "H. and G. May, 22 and 23, Eagle Street, Holborn" I conveyed it to Dalston Police Station and it was subsequently given to Messrs. May.
WILLIAM ALFRED TUTT , Carman with G.H. Williams, fruiterer, 7, Lavender Hill. About the middle of January Knight asked me in Covent Garden Market to lend him a coachhouse to store some furniture in; he said he was a furniture dealer and bought stuff at auction rooms. I said I would and told him I would leave it to him to pay me what he thought it was worth. About a week after he said, "I shall be down to-night and there will be a van-load of carpets coming down." I said, "I shall be there. Don't make it too late, as it is my evening off "; to the best of my recollection this was on Monday; I suppose it would be towards the end of January; I am not certain of dates. About 7 p.m. two men (the prisoners were not there that night) came with a van and I helped to unload about 17 or 18 bundles of carpets and put them into my governor's disused coach house at Cedar Road right at the far end. (To the Court.) I helped to put some straw and some baskets along the side to keep the damp from them and covered them with a piece of canvas. It is true that anybody coming into the stable would not see the carpets. On a Saturday afternoon a month or five weeks after these carpets came to the stable Knight came and asked me if the coach house was open. I got the key and let him in. He started wrapping up two carpets in canvas; I helped him. He said he was going to send them on the rail. He tore off some green labels and put them in his pocket. He was with another man at the time. The first time I ever saw Thorogood was
on the evening of February 23, when he, Knight, and myself were in the stable. I was helping them to sew up some carpets, and we had been there about half an hour when the police came. The prisoners were taken to Bow Street. At the officers' request I followed with the carpets. I did not tell my employer that I was letting his stable in this way, and as far as I know he did not know of it; I very often let his stable without his knowledge and I give him the money afterwards.
Cross-examined by Mr. Turrell. To my knowledge Knight only came to the stable on the Saturday that I have referred to (it might be January 22) and February 23.
Re-examined. I think some old plum baskets were thrown on the carpets at different times; people go in and want a basket and they pull one out; they do not take any notice where they leave them. Knight was not there when this was done.
To the Court. To the best of my belief, I saw Knight in Covent Garden a week or 10 days before the carpets actually came. He did not then tell me when they were likely to arrive. I never knew the carpets were stolen until the police came. The carpets did not arrive on January 10; it was not a Wednesday; I am positive it was a Monday, as it was my evening off.
Police-sergeant GEORGE BUDGE, E Division. About 7.15 p.m. on February 23 I went with Detective Phillips to a coach house in Cedar Road, Lavender Hill, and saw the prisoners and Tutt wrapping up this carpet (produced) in the sacking (produced.) I said, "We are police officers and suspect you of having stolen property in your possession." Knight said, "All right guv'nor. Someone has been busy." Tutt said, "I allowed them to bring the carpets here. My guv'nor does not know." Knight said, "I take the responsibility." I did not hear Thorogood say anything. We took prisoners into custody and left the coach house. In Queen's Road we met Sergeant Cole. We then all returned to the coach house. There Sergeant Cole said to them, "You will be charged concerned together in stealing a horse and van with 17 Oriental carpets at the Strand on January 10 last. Tutt said, "I allowed them to bring the carpets here." Knight said to Tutt, "Shut your mouth. I take the responsibility." They were taken to the station. When charged they said, "Yes."
To Mr. Turrell. I am sure that what Knight said was not "We are busy."
JAMES BAKER , director, Oriental Carpet Manufacturers, Limited. On January 10 I dispatched by one of the vans of Messrs. May a number of carpets for delivery to our customers; Exhibit 2 is a list of them; it does not include the carpet left at Cecil Chambers; the total value is £703 16s. 10d. It is our custom to attach these green labels to our carpets and these smaller ones to the rugs. On the evening of February 23 I went with the police to a stable in Cedar Road, where I saw prisoners baling up this carpet (Exhibit 1); I recognise it as belonging to my company; its wholesale price is £175. I asked whether there were any more in the stable and they said I evidently knew a good bit about it. There were some baskets piled up to the
ceiling, and under them I discovered practically all the carpets but one. I saw this label (Exhibit 3), found in Knight's pocket book; it has upon it the exact dimensions of Exhibit 1 and underneath that is "£53 "; it is not one of our labels. Thorogood started to say something, but Knight said to him, "Shut up." We found four or five of these labels. (Exhibits 4 and 6.)
To Mr. Turrell. I suppose there was nothing extraordinary in these baskets being in this coach house.
Detective-sergeant GEORGE COLE, E Division. At 7.30 p.m. on February 23 I went to Lavender Hill, where I saw the prisoners being detained by Sergeant Budge and Detective Phillips. I went with them to the coach house at 4, Cedar Mews. I was in charge of the case, and questioned the prisoners. I found Exhibit 3 on Knight. After being charged I searched him again and found this bundle of white labels (Exhibit 5.) Four of them are addressed to "The Jersey Pawnbroking Company, Church Street, Jersey "; he gave no explanation as to them. I found these 10 white labels (Exhibit 7), which are similar to Exhibit 5 attached to the carpets; they are unaddressed, but some of them bear the size of the carpet to which it was attached; in my opinion the writing on those and Exhibit 3 is Knight's; I have seen him write once. He never gave an explanation of how he became possessed of the carpets.
To Mr. Turrell. The Jersey Pawnbroking Company is carried on by a Mr. Shaw.
Detective ALBERT PHILLIPS, E Division. On February 23 I went with Sergeant Budge to Cedars Road. I arrested Thorogood. All he said was, "All right, guv'nor, you need not hold me." I took him to the station.
The case for the prosecution being closed, the Recorder stated that, in his opinion,there was no case made out against Thorogood. Mr. Briggs agreed.
CHARLES KNIGHT (prisoner, on oath), 9, Beauchamp Street, Leather Lane. I am a furniture dealer and commission agent. Till two years ago I had a shop in Beauchamp Street; since then I have attended auction sales. I became acquainted in that way with Levy. I have known him eight to ten years. (To the Court.) I have been in the furniture line about 40 years, and am well acquainted with the buying and selling of goods, including carpets. I did not know where he lived; I was given to understand that it was at Walthamstow; they called him "Walthamstow Levy." I have met him several times in the sale rooms. At some time in January I was with a Mr. Connell when I met him at the sale rooms at 13, High Holborn. We all went to Mooney's public-house; as near as I can say that was about January 18. Connell and I are interested in a patent tyre and we started talking about that. Levy then asked me whether I had any storage. I told him I had not, as I was out of business. He told me he had bought a job line of
carpets in the City privately and that he wanted them stored. I told him I might be able to find a place for him and if he would call round at my place in a day or two I would let him know; I gave him my address. Nothing was then said about what I was to get out of it. On the following Saturday, January 20, I saw Tutt in Covent Garden and asked him whether his guv'nor had any storage. He said he had only the coachhouse, Where they kept the empty baskets. I told him that a friend of mine wanted to store some carpets and he said, "I could manage that little job for you on my own account, unknown to my guv'nor; it will be a little bit in my pocket." What Levy was to pay was left open. On the Saturday Levy called at my place and I told him I had found a place for him, but it was a long way away, at Lavender Hill. He said he did not mind how far it was as long as it was dry. He did not ask me how much he had to pay. I never saw the carpets before they went to Lavender Hill. I have been out on bail a week and have made every effort to find Levy, bat have been unable to do so. I arranged with Tutt that the goods should be removed there at 6.30 p.m. on the Monday following this Saturday; I did not go with them; I gave Levy the address. Subsequently he asked me to go over with him to the stable to assist him in taking the old labels off and putting fresh ones on. He told me if I could dispose of any of them he would give me 15 per cent. I accordingly went with him and saw the carpets on January 27. I had by that time seen Mr. Shaw of the Jersey Pawnbroking Company with regard to them; I had seen him in a sale room. I took the dimensions of the carpets. Tutt was present at the time. Levy and I arrived about 6 p.m.; it was fairly light; they had gas in the coachhouse. I pulled down the carpets, looked at the tickets and put the dimensions on labels, which I attached to the carpets. I do not remember writing "£53" on one of them (Exhibit 3); I will not swear I did not write it. I cannot say what it means; I just put that down as Levy told me to put it down. I agree the carpet would be cheap at that price. We returned to Holborn together. I have not seen Levy since that night. I was to let him know the size of carpet I wanted and he would let me know the price. I 'arranged with Shaw that I should send him over some carpets to Jersey and I addressed to him the labels which have been produced. I am in the habit of sending him things: I have known him for years. I get goods for him on commission. On February 23 I went down to pack the stuff and I was arrested. I remained in custody for two months and then I made an affidavit stating what I have stated here and applied to a Judge in chambers for bail. I had not mentioned Levy up to that time because I thought it was better to say nothing, for if I did. it might give him or somebody else an opportunity of making an escape. I said nothing at the police-court; I was not represented. (To the Court.) It is true I said, "Shut up" to Tutt and Thorogood: I was responsible for the goods.
Cross-examined. I did not say I was going to sell the carpet for £53; I do not think it was put on the label as the price; I do not know why I put it on. I knew it was worth more than that. That carpet
was going to Jersey when the police came; there were four carpets altogether baled up ready to go. Since April 16; when I made my affidavit, my solicitor has also been trying to find Levy. If I had sold the carpet I should have been bound to meet Levy in the sale rooms to give him the money. He knew my address. It is true I did not see him after January 27. I suppose he would know of my being arrested by the papers, but it is true, as I said, that I did not say anything about him because I did not want to give him an opportunity of escaping. Since I was admitted to bail I have not given the police any assistance in trying to find him; I went through Walthamstow myself. He is a Polish Jew, short and dark, and aged about 40 to 45. I only examined three or four of the carpets; I realised they were of considerable value. I did not ask Levy where he had got them from or how much he had paid for them; if I had, I do not expect he would have told me. I took the labels off on his instructions; I did not know whose they were. I have known Mr. Shaw about 14 years and I have been over to see him in Jersey a lot of times and I should think I dispose of £100 worth of goods a year through him in Jersey; I send it over and he gives me a commission.
Re-examined. My solicitor was served with a notice of the addtional evidence of Mr. Shaw. tie has gone back to Jersey. The prosecution have not called him.
JOHN MICHAEL CONNELL , steeplejack, 254, Holborn. In January I Was in the company of Knight, with whom I am interested in a patent tyre, when Levy joined us. Prisoner introduced me to him; this would be either January 15, 16, or 17; it was in High Holborn, near Hollingsworth's salerooms. We went to Mooney's close by. We then started talking about our patent tyre and Levy said he might be able to get someone to take some shares when we had formed the company we proposed. He said to Knight, "Do you happen to know of a storage anywhere? I have got some goods that I cannot store." Knight asked me what about the place I had at a corn chandler's in Theobald's Road. I said I had given up that storage and had taken a cellarage elsewhere. Levy said that would not do, as it was essential that it should be a dry place. Knight said if he came across anybody that had got a place he would let him know and he gave Levy his address, and Levy promised to call there and find out. Knight asked him for his address, but he said he did not think that was worth while.
Cross-examined. I had never seen Levy before this. I have not seen him since. Dealers do not trouble about giving their addresses, as they can always be found in the salerooms. Levy mentioned, on Knight's asking, that it was carpets he wanted stored. Levy is a Jew, of about 40 to 50, short and dark. I have known Albert Mulford since 1904, but I have not seen bun for a number of years. I saw him last in 1905. It is a surprise to me to learn that he is now doing penal servitude. I have heard of Frederick Fane, but I do not know him. I knew Paul Delmont as a friend of Mulford's. I do not know Grizard, alias Kelly, John Kingston, Lorenzo Moore, Cameron, or Drummond.
HENRY SAGAS . For some years I was a foreman porter at Hollingsworth's salerooms, Holborn; I am now a furniture dealer and live at 48, Florence Street, Islington. I have known Knight this last 30 years as attending different salerooms. I saw him with a man they call "Walthamstow Levy" on one occasion in Chancery Lane.
Cross-examined. Levy is a man about 5 ft. 8 in., black moustache, sallow complexion, and aged between 40 and 50. I believe a man named Kingston comes to the sales. I do not know Grizard.
Verdict, Knight, Guilty of receiving; Thorogood ( by direction of his lordship), Not guilty.
Knight was stated to be an associate of all the principal receivers in London, and for the past 20 years to have himself been a receiver. He had been twice charged with receiving, but on both occasions had been acquitted. He had been an agent for supplying explosives to burglars.
Sentence: Five years' penal servitude.
HARRISON, William Henry, otherwise Samuel James Charles Martin (26, clerk), feloniously causing grievous bodily harm to Nellie Boltwood with intent to do her some grievous bodily harm and with intent to commit felony; stealing a box, value £1 10s., and £3 10s., the goods and moneys of Una Ellis Hope, in a dwelling-house.
Prisoner pleaded guilty to stealing the box only, and this plea was accepted by the prosecution.
Prisoner by a ruse had obtained entrance to the house of prosecutrix Hope in her absence, and had hit Nellie Boltwood, the maid, on the head several times with a stick; owing to her resource he had been captured. Prisoner's father was stated to be a first-class warrant officer, now on pension; prisoner had been in the army as a clerk, but had been discharged as physically unfit in December, 1911. Up to about six months ago he had been earning an honest livelihood, but he had of late been associating with undesirable characters.
Sentence: Twelve months' with hard labour.
BEFORE THE COMMON SERJEANT
(Tuesday, May 7.)
Mr. St. John Morrow prosecuted.
LOUISA Ward, wife of George Ward, 29, Ladywell Park, Lewisham. On April 6, between 4.30 and 5.30, I was alone in Ladywell Park when prisoner came beside me and said, "Give me my wages back."
I turned round and said, "Get away." He then hit me in the mouth; I fell backwards. As I was getting up he pushed me down again and said, "If you get up I will kill you." I was carrying bag produced on my wrist, containing a 2s. piece, 1s., three or four pennies, three pawn-tickets, two or three bills and a little powdered quinine, the value being 7s. 6d. altogether. When I got up a little boy brought back my latch key and a penny that he found on the ground. Prisoner had disappeared. I informed the police and about 8.30 p.m. picked prisoner out from nine other men.
Cross-examined by prisoner. I had been in the "Morden Arms" public-house. I did not see you there; I do not think I had drinks with you—not to my knowledge.
Police-constable ALFRED GREEN, 566 P, stationed at Ladywell. On April 6, at 6 p.m., prosecutrix gave information. I went to High Street, Lewisham, and saw the prisoner go into the "White Horse" public-house, Lee. I told him I suspected him of having robbed a person in Ladywell Park and stolen a purse and contents. He said, "I have not been to Ladywell Park to-day, I have only just got off the car." Whilst going along to the station ho said, "If she thinks I had her purse she will have to prove it." I had not mentioned whether the complainant was a man or a woman at that time. Whilst in the charge room I saw him take a pawn-ticket from his waistcoat pocket and put it back again. The Inspector came in, prisoner stood up, threw two pawn-tickets on the desk and said, "Mr. Inspector, this Constable has put these into my pocket." He was placed with nine other men. The prosecutrix came in, touched him, and said, "That is the man." Shortly after that he took another pawn-ticket from his jacket pocket and produced a two-shilling piece, a shilling, and a half-penny; he gave them to the detective to whom he made a statement. He was sober. I had put nothing in his pocket. He also had on him a sovereign, 5s. 6d. in silver, and 10 1/2 d. in bronze.
Police-constable ERNEST YOUNG, Ladywell Police Station. On April 6, at 8.20 p.m., I saw (prisoner take from his right hand jacket pocket a florin, a shilling, a half-penny and a pawn-ticket which he handed to me, and said, "Here you are, these I found in my pocket, I do not know anything about them; they do not belong to me." When charged he made no reply. He had been drinking, but he knew what he was doing. Prosecutrix was sober. When she lodged the complaint her lip was swollen and there were marks of blood on the lip.
Prisoner's statement before the magistrate: "The only witnesses I have got are the two young men I was with. I came from the 'Black Horse,' Catford, on a tram, but I had a ticket for the 'Marquess, and when we got to the bottom of Hither Green Lane they asked me to go and have a parting drink. We went in the 'Morden' public-house, and we had four rounds. The organ was being played then, and that lady came and asked me for a penny for the organ. That is all I know about that lady. When I was taken from the public-house I was dumb-struck. I cannot understand the charge at all. I went with the constable, not knowing at the time that I had the pawntickets and the money in my pocket. I have no witnesses here."
WILLIAM CHARLES BROADSTOCK , 626, Old Kent Road, house decorator. On April 6 prosecutrix was with me and the prisoner at the "Sir John Morden" public-house, Hither Green Lane. She was drinking with us. That was about 3 p.m. After that I left.
FREDERICK WILLIAM BAILEY , 96, Shorndean Street, Catford, grainer in marble. On April 6 prisoner, I, and the last witness were drinking in the "Sir John Morden" from 2.30 to 3.30. Prisoner then went away with a woman. The lady wanted to put a penny in the organ, and Broadstock put one in for her. I afterwards met prisoner in Market Square at about 4.50 p.m. We went into the "White Horse," when the constable came in and took prisoner out.
Verdict, Guilty; "We would add a strong recommendation to mercy because we believe the prisoner did it under the influence of drink."
Prisoner was stated to be of good character.
Sentence: Two months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 8.)
HUGHES, William (59, agent) , obtaining by false pretences from Henry Lynch a money order for £1 10s. and from Frederick George Darke a banker's cheque for £1 5s., in each case with intent to defraud. Attempting to obtain by false pretences from Walter Frederick Howes 4s. 6d., with intent to defraud.
Mr. F. Hinde and Mr. S. Joyce Thomas prosecuted.
FREDERICK GEORGE DARKE , draper, Waterloo House, London Road, Sutton, Surrey. On February 17 I advertised in the "Bazaar" for a bath chair and received a reply, signed "William Thompson," from the Buckingham Hotel, Strand, offering to sell a chair for 30s. and asking me to reply to 14, Railway Approach, London Bridge. I wrote offering 25s., and received another letter containing a printed sketch, further describing the chair and offering to send it on receipt of a post-dated cheque. On February 24—I forwarded cheque for 25s. (produced.) As the chair did not arrive, I stopped payment of the cheque on February 27. The handwriting of the endorsement of cheque (produced) is similar to that on the letters I received.
ALICE ROSETTA HARRIS , widow, manageress of the Brighton Temperance Hotel, 14, Railway Approach, London Bridge. On February 23 prisoner engaged a bedroom in the name of Thompson; I handed him a number of letters that had arrived in that name. Fifteen or eighteen letters afterwards came which I gave him on February 26 Prisoner paid 2s. 6d. for the room he had engaged, but did not occupy it. I next saw him at Bow Street Police Station.
not take cheques from strangers. He said, "This one is all right; here is the letter I received with it," showing me letter from Mr. Darke, of Sutton. He said he was lodging at 62, Marfarlane Road, the house of a Mrs. Turner, for a part of the week, and for the rest of the week he was living at 14, Railway Approach; that he was a traveler and lodged at the two places in order to work different districts. I consulted my partner, decided to accept the cheque for 25s., and handed him the bracelet and 3s. change. I paid the cheque into my bank; it was returned next day. I saw prisoner at 62, Macfarlane Road and said, "I suppose you do not know me?" He said, "Oh, yes; you have come about that cheque?" I said, "Yes, what are you going to do about it; it is a very serious matter." He said, "Well, there must be some mistake about it, the railway have not delivered the goods yet. I hope you will not do anything about it; I have never been in this position before." I said, "I want either the gold bracelet or I want the money." He said, "I am sorry; I have parted with the gold bracelet and I have not any money until I draw some more commission." He said he would go over and see Darke and try and get me another cheque. I told him he could go to Sutton in two hours, and I would give him till nine o'clock the next morning, when he must bring me a fresh cheque or the money. He did not come. I went to 62, Macfarlane Road, in the afternoon and could not find him. I next saw him at Bow Street.
HENRY LYNCH , engineer, Erskine Road, South Shields. On March 4 I advertised in the "Bazaar" and in "Cycling" for a high-grade bicycle and received letter (produced) from George Street, High Street, Ashford, Kent, signed "William Thompson," offering a first-class high-grade roadster, which cost £8 15s. three months ago, for £3, to be returned if not approved, and undertaking to send it on receipt of half cash by money order payable in seven days. I replied, and received another letter giving further particulars with a print of the supposed make and of the three-speed gear, and asking me to write to the Bedford Head Hotel, Tottenham Court Road. I ultimately sent money order £1 10s. (produced) to W. Thompson, at the Bedford Head Hotel. I did not receive the bicycle, and wrote again to W. Thompson. The letter came back marked "Not known."
LOUIS SCHUTZ , hall porter, Bedford Head Hotel. In the beginning of March prisoner saw me and said, "There will be some letters for me; my name is W. Thompson. Will you please keep them for me." About seven or eight came; he called four or five times up to March 16 and received them. He has never stopped at the hotel.
WALTER FREDERICK HOWES , dealer in animals, 16, Green End Road, Chiswick. I advertised in the "Bazaar" for white Persian kittens and on (March 15 received letter produced from Victoria Temperance Hotel, Grays, Essex, signed "Jno. Raymond" offering a fine white Persian kitten for 4s. 6d. or three for 12s., cash with order, and stating, "I am in a berth here, where I have been for some years, so you may depend on my sending them immediately and being fair to you. I will tend on approval to be returned at my expense if not approved."
I sent postal order for 4s. 6d., but did not receive the kitten. I wrote again and received no reply.
ALGERNON CHARLES RHODES , manager, Victoria Temperance Hotel, Grays. On March 15 I received postcard, "I shall be in one day next week—about Monday.—Signed "Jno. Raymond." In my opinion the handwriting is the same as the letter signed William Thompson. I afterwards received a letter directed to Jno. Raymond, which I retained.
Sergeant THOMAS DURRANT, D Division. On March 16 at 3.30 p.m. I saw letters handed to prisoner by Schutz at the Bedford Head Hotel. Prisoner had some beer, went to a table, opened two of the letters and took money orders from them, which he kissed and placed in his pocket. One was letter produced, from Lynch, of South Shields, containing money order for £l 10s. Prisoner had a parcel with him containing a suit of clothes. He left the "Bedford Head." I followed and said, "I am a detective officer, is your name Thompson?" He said, "No." I said, "Well, what right have you with Mr. Thompson's letters containing money orders?" He said, "I shall say nothing." I asked him what the parcel contained; he made no reply. I told him I should arrest him for being in unlawful possession of the property; he made no reply. I took him to Tottenham Court Road Police station, where he was asked his name. He said, "William Hughes." I said, "These letters are addressed to Mr. W. Thompson." He said, "I do not know anything about it, I am old and foolish, I cannot give any information, therefore I am wrong. As regards the suit I bought it off a man at a shop for £2 5s. I do not know the shop or the street or what part of London." I searched him and found two letters addressed to Jackson, one containing a cheque for 15s. The charge was read over to him; he said, "I see, yes, I know I am wrong."
Prisoner's statement before the magistrate. "As I have nothing but memory to work upon now, I will let it stand over till the sessions."
FREDERICK JAMES HAWKINS , New Malden, Surrey, postmaster. Twenty years ago I knew prisoner as gardener to Mrs. Harris, the mother of Sir Augustus Harris, of Drury Lane Theatre, for about three years, under the name of Piggott; I dealt with him and he paid me about £120. He supplied people with bulbs and was then respectable.
IVY PHILPS , barmaid, Bedford Head Hotel. On March 16 there were some letters for prisoner, which he received and one of which I saw him read. He sold to another barmaid a gold bracelet. He offered it to me, but I would not buy it.
Verdict, Guilty on all counts.
Prisoner confessed to having been convicted on February 26, 1908. at Hereford Assizes, receiving five years' penal servitude, for obtaining money by false pretences in the name of William Boddington . Other
convictions commencing December 14, 1896, and including 18 months', three years' penal servitude, 12 months', 18 months', 18 months', were proved.
Sentence: Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, May 8.)
Mr. Ralond Oliver prosecuted; Mr. George Elliott, K.C., Mr. Frampton, and Mr. Fuller defended Llewelyn; Mr. Curtis Bennett defended Ure.
Verdict (each), Not guilty.
JOHNSON, Arthur (60, restaurant keeper) , obtaining by false pretences from Richard Herbert Terry Draper the several sums of £10 and £40, in each case with intent to defraud; obtaining by false pretences from George Ward £10, with intent to defraud; obtaining by false pretences from Ernest Walter Adams £25, with intent to defraud.
Mr. Curtis Bennett prosecuted; Mr. St. John Hutchinson defended.
GEORGE WARD , cook, 5, Newington Green Road. In November, 1910, I saw this advertisement (Exhibit 7), to which I replied. I read this letter, asking me for £20 as security before giving myself and wife the position of managing a coffee and dining rooms. I wrote saying I had not got that sum. I ultimately went into occupation of the "China Cup" coffee-house, Crouch End, and on December 7 I. paid prisoner £10, for which he gave me this receipt, with agreement attached (Exhibit 8), by which he agreed to employ me and my wife at a salary of 25s. a week and 2 1/2 per cent. on the weekly takings and to pay me 5 per cent. interest on my £10, which was to be returned to me on my leaving, one month's notice to be given on either side. Both documents are signed "William Goodman," which is the name I knew him by. I took possession and remained till June 16, 1911. I had given a month's notice in writing. On June 17 I met prisoner and asked for my £10 back. I have never been paid.
Cross-examined. The £10 was given as security for honesty only and not also in case my management was bad. I improved the business greatly and I was on very friendly terms with him. I did not suggest that I would not. ask for the return of the £10 unless the business was a success. What his name was did not affect my mind. After a time the business did not begin to fall off, and prisoner never complained to me. He always paid me regularly. I paid all the expenses out of the takings. He found no money, not even to start with. I have never sued him for my £10.
granted prisoner a lease of those premises at £75 a year, and he took possession the next day. On June 16 they were closed. No rent was paid.
Cross-examined. I have sued him for it, and I believe judgment was signed, but I have as yet recovered no money.
ERNEST WALTER ADAMS , coffee-house keeper, 138, Seymour Street, Euston Square. On March 22, 1911, I saw an advertisement for a manager and wife to manage coffee-rooms, and asking for £25 as security. I replied, and I received a letter on March 23 signed "William Goodman, proprietor," asking me to call. I called, and saw prisoner. He said he was the proprietor of the coffee-rooms at 138, Seymour Street. I said that I had not got the money, but I gave him a cheque dated April 1 as security for my honesty. I produce the receipt and the agreement. I was to receive 5 per cent. on my £25, which was to be returned to me on leaving. My wife and I were to be employed at £1 5s. a week and 2 1/2 per cent. on the takings, one month's notice to be given on either side. I went into occupation on April 2, and remained there for two months. On June 6 he told me that a friend of his named Tree was coming to look after the business while he was away, and he asked me not to talk to him. A few days after Tree came, and I after that slept out. Prisoner said he would pay my fare backwards and forwards. I have never seen Exhibit 4 before. After Tree came I was suspicious, as things were not going on all right, and I told prisoner I wanted to get out. He said he would put me into another of his shops in the north-western district; he said nothing about the business having been purchased. On arriving at the shop on June 27 to work I found the place empty and prisoner had gone; previously he had come there every night. Prior to this he said he was going to sell the business at a big profit to a Mrs. Ash, who would take me on; he then also told me about Tree. I never received my £25 back.
Cross-examined. Whether his name was "Goodman" or not did not matter to me. The £25 was not also deposited as security for my good management of the business. The business did not fall off after I took possession, and prisoner did not complain to me about it; there was a little disagreement between us about my letting the kitchen staff have what was left on the customers' plates'; it was the regulation thing to allow that: I did not tell him that I wanted to get him out of the business as I wanted it myself; he said I could have an option of purchase. He had the premises thoroughly done up. When I found the place empty I borrowed money to find fresh stock, and I opened the business a few hours afterwards; he had taken all the tables, but he had left some utensils. I have now got the business. I never gave him notice. I have not sued him for my money. He paid me every week out of the takings. Re-examined. I am now Mr. Giles's tenant.
WILLIAM GILES , 91, Caversham Road. I am proprietor of the coffee-shop at 138, Seymour Street. I advertised it for sale for £80, and prisoner called on me, in the name of William Goodman, and told me he was buying coffee-shops for a syndicate which was being financed
by a Mr. Cowley; they were buying all the coffee-shops they could get hold of. This agreement (Exhibit 11) dated March 13 was drawn up, by which he agreed to buy the business for £80, to be paid in three months time; in the meantime he was to pay me £2 12s. a week rent. He took possession on March 16. He paid rent till May 12. I never received the £80, and on July 6, 1911, I obtained judgment for the recovery of the premises.
Cross-examined. When he went in he paid £8 odd for some stock that was in the shop.
RICHARD HERBERT TERRY DRAPER , butler, 83, Warwick Street, Victoria. I saw an advertisement asking for a manager for luncheon and tea rooms at £2 a week and 5 per cent, of the weekly takings; the cash security required was £70, and that a partnership would be entertained on a payment; of £90. I wrote to the name and address given, Brown, 13, St. James's Park, Tunbridge Wells, and received in reply this letter (produced) from 14, Camelford Street, Brighton, signed "A. Brown," stating that the business was situated on the seafront at Brighton and making an appointment for me to see him. I went down and told him that all my available capital was £10, and he arranged that the balance of £20 should be deducted from my wages until paid; he was to keep the £70 at 4 per cent, as a guarantee of my honssty. On March 1 I sent him £10 and he sent me this receipt (Exhibit 3) and a letter stating that he would send me the agreement on receipt of the other £50. On March 4 he wrote me saying that he would not want me to go in until the next week as he had not yet got the painters out, and asking me for the £40; the letter is signed "A. Brown, per A.J." On March 6 I went to Brighton and paid him the £40, for which he gave me this receipt, signed "Arthur Johnson "; he then told me that he was "Arthur Johnson" and "A. Brown" was his secretary. He drew up this agreement (produced) by which I was to be paid £1 a week and 21/2 per cent. on the weekly takings until the balance of £20 was paid, when I was to receive £2 and 5 per cent.; and that the security was to be held at 4. per cent. interest to be returned on the expiration of the agreement. I had not yet seen the business; on both occasions when I went to Brighton on my asking to be allowed to do so, he said the place was still being decorated and he was too busy to take me. I got no references from him. He paid me £1 for the week ending March 18. I never saw the shop; I was never told where it was.
Cross-examined. He was arrested on May 15. I had no reason at the time for thinking that he did not mean to open the shop, but I have now. It is true I wrote him on April 21 saying that "I firmly believe you meant to open the shop and to carry on fairly with me." He has not had an opportunity of giving me my money back.
Mr. Hutchinson submitted that there was no case, since all the pretences alleged were merely promises as to future conduct not intended to. We fulfilled, which were not by themselves false pretences under the Act. There must be a false pretence upon an existing fact. (R. v. Woodman, 14 Cox, 179; R. v. Lee, L. and C., 309; 9 Cox, 304; R. v. Barker, 5 Cr. App. R., 283.) It was true that the decision in R. v. Bancroft (1909, 26 T.L.R., 10; 3 Cr. App. R., 16, 20)—"A promise to do a thing in future may involve a false pretence that the promissor
has the power to do that thing, for which false pretence the promissor may be indictable"—seemed against him, but he contended that that case was not analogous, since it was there proved that the promise was known by the promissor to be physically impossible of fulfilment, whereas such was not the case here.
(Thursday, May 9.)
Mr. Curtis Bennett contended that Rex v. Lee wag not analogous to this case, which, taking the law as expressed in Rex v. Williamson (11 Cox, 328) should not be excluded from the jury. The question of prisoner's motive was one to be considered by the jury. It was for them to say whether prisoner intended to do what he represented himself as ready to do. It was true that in R. v. Gordon (23 Q.B.D., 354) the court had specially refrained from deciding the question whether a statement of present intention is a sufficient representation of an existing fact, and semble that it would certainly be unsafe to have an indictment upon such a statement alone. But here the indictment was founded also on the advertisements by which the jury were asked to infer a fraudulent motive. Finally, the prisoner was not entitled to an acquittal if it should appear that he obtained the moneys under circumstances amounting to larceny.
Judge LUMLEY SMITH. I have considered this, and, although I think the man has defrauded these people more or less, I do not think the facts come within the statute.
His Lordship then directed the jury to return a verdict of not guilty. This they refused to do.
Judge Lumley Smith explained that it was not a question of whether the prisoner was fraudulent in his mind, but as to whether there had been, as required by the statute, a misstatement of some actual existing fact, of which there was no proof.
The jury persisted in their attitude, and they were discharged.
Judge Lumley Smith postponed the trial till next sessions, stating that he would order a fresh indictment to go before the Grand Jury. He thought that in framing such indictment regard should be had to the advertisements.
Prisoner was released on his own recognisances in £5 to come up for trial.
BEFORE THE COMMON SERJEANT.
(Thursday, May 9.)
BRONSTEIN, Solly (29, dealer) , being a bankrupt within the meaning of the Debtors' Act, 1869, and the Bankruptcy Acts, 1883 and 1889, within four months before the presentation of the bankruptcy petition against him, feloniously quitting England and taking with him a certain part of his property to the extent of £20 and upwards, to wit, £670, which ought to be divided amongst his creditors; being bankrupt unlawfully did remove part of his property to the value of £10 and upwards; being bankrupt unlawfully disposing of certain of his property otherwise than in the ordinary way of his trade.
Mr. Travers Hmphreys, Mr. Montagu Shearman, jun., and Mr. Roland Oliver prosecuted; Mr. Muir defended.
GEORGE INGLIS BOYLE , messenger, London Court of Bankruptcy. I produce file of prisoner's bankruptcy. Petition of Setton and Durward, creditors, January 2; receiving order February 15; adjudication February 20, 1912.
JAMES BAYNE , manager to John William Setton, trading as Setton and Durward, Birmingham, stationers' sundriesmen. I have supplied goods to prisoner for two and a half years. On October 5, 1911, he ordered goods amounting to £70, £63 of which were delivered on October 20, the payment being due on November 25; the remainder were invoiced on November 10 and payment would be due December 25. I went to see prisoner at his shop, 189-190, High Street, Shoreditch on December 1, 4, 5, and 6, but failed to find him, although I made appointments with his wife to meet him. On January 2, 1912, I presented petitioner in bankruptcy in behalf of my firm. I was present when defendant gave evidence in opposition to an application for a receiving order on February 6 and 15.
Cross-examined. Prisoner having a month's credit the whole amount was due on December 25, but the October item would be due on November 25. Up to the last order prisoner had paid satisfactorily; he had sometimes taken a little extra credit, but we did not press him. In October I was told he was going into the wholesale trade. He originally had one shop, No. 189, and afterwards No. 190.
HARRY WILFRED LIGHTFOOT , traveller to Setton and Durward. On December 9 I saw prisoner at 190, High Street, Shoreditch, and said I had called for a cheque which he had promised to send our Mr. Bayne for £70 8s. 6d. He promised to send it on Monday, the 11th. He did not send it; I called on December 15 about 10 a.m., and after waiting half an hour he came and let himself in with a key. I said we had not received the cheque he promised to send on and I must have a settlement. He said, "I cannot let you have a cheque to-day, but I will get the money somehow and send you on a cheque on Monday, the 19th." We did not receive it.
CHARLES HENRY RAMBY , traveller to Fair-brother, 120, London Wall, Small ware manufacturer. In November, 1911, my firm supplied goods to the value of £70 to prisoner. I called on him on November 28 and December 5 and 13 and failed to see him. I succeeded in seeing Him on December 14 at 5.30 p.m., asked him for payment, and he said he would give me a cheque if I called on Friday morning. I saw him at No. 189; the wholesale department was closed. On December 15 I called at 10.30 a.m. and saw him; there were a few goods in the ware-house worth about £3 or £4, he said I could take them for payment. There were none of our goods there.
SIDNEY SELINGER , Paper Street, City, merchant. In December, 1912, prisoner owed me £44. On December 12 I called for payment. He said if I looked back in the afternoon he would have a cheque ready for me. I did and he then handed me post dated cheque of December 22 for £35, which came back dishonoured and has not been met. Three or four days after I received the cheque I saw him—only one shop was open. He said, "I have sold the retail shop and I am fitting the other
up as a wholesale place only; the carpenters are coming in to-day." I said to him, "Look here, "what is the matter with you? Are you in Queer Street? If so, why not call your creditors together and face them the best you can?" He said, "No, I am all right. You come next Monday and I will give you the balance of your account." I said, "You not only owe me, but you owe money to others." He said, "You will get the lot next Monday." I have not received any money from him.
Cross-examined. I have know prisoner for three or four years—he has paid me fairly regularly. I had heard remarks towards the end of 1911; he kept on giving me as a reference and I did not like it.
RUBEN CLENOVITCH , 66 and 74, Dalston Lane, picture and furniture dealer. Prisoner's wife is my wife's sister. In December, 1911, he owed me £420 money lent and £100 for an acceptance I had given as security to his bank. I had also lent him £200 on the security of his lease on October 25. I sued prisoner and obtained an order for judgment for £300 dated December 14. On December 13 I bought the goodwill, stock in trade, and fixtures of No. 189, High Street, by deed produced, for £1,105 2s. 4d., being the amount of his debt to me, and £585 2s. 4d., which I paid to him, £100 in banknotes and the rest in gold. I have since carried on business at 189, High Street. Prisoner's wife has worked for me since.
Cross-examined. I drew £233 from my bank and paid the balance from cash I had in hand. I have known prisoner for about six years. I knew his father and understood he was a naturalized Englishman before prisoner became 21 years of age.
GLADYS GAMAGE , 4, Louisa Terrace, South Woodlands, Essex. Up to December 13 I was employed by prisoner as shop assistant. He then paid me two weeks' money, including a week's notice, and told me he had sold the retail business to his Brother-in-law. He said the creditors were pressing him hard for money. During December several travellers called. Prisoner told me to tell them he was out.
WILLIAM RAYNER , managing clerk to Robert Pearce, solicitor to the owners, of 190, High Shoreditch (trustees of the London Parochial Charities.) On December 15 a distress was levied for a quarter's rent, £25; the sale realised £18 11s. 6d.; I received £10 2s. from the sheriff's officer.
HUGH DEAN , clerk, London County and Westminster Bank, Shore-ditch. I produce certified extract of prisoner's account in my bank from October 1 to December 31, 1911. The account has been running since 1906, and was guaranteed by Clenovitch up to £100, which amount was paid by him on December 27, 1911. On November 30 the credit balance was £11 5s.; on December 5, £19 6s. 6d.; December 13, £12. On December 1 £57 10s. was paid in and 12s. 6d.; December 2, £50 was paid out; December 12, £18 18s. 4d. paid out; December 13, £10 10s. paid in, December 14 £10 18s. paid out. On December 27 Clenovitch paid £100 with a promissory note, for which prisoner had credit. On December 30 there is a credit balance of 10s. 2d.
Cross-examined. From September 1 to 30 payments in amounted to £414 19s. 3d.
(Friday, May 10.)
EDWARD PHILLIP GRIFFITHS , managing clerk to John K. Talkington, solicitor to Setton and Durward. On February 6 and 15 I took a shorthand note of the evidence given By prisoner. He said his liabilities were roughly between £3,000 and £4,000, which were incurred within the last five or six months; that on December 16 he went under his doctor's orders to Folkestone, stayed there three days and then went to Boulogne, where he stayed two days, that he took £670 in cash with him, £100 being in notes; that some of the notes were paid away and some he took to Paris; that he had sold the shop, 189, Shore ditch, to his brother-in-law, Clenovitch, for 21, 182; that he had lost in gambling the money that he took to Paris, and that he had no assets whatever.
ARTHUR WILLIAM JAMES , clerk to the senior Official Receiver in Bankruptcy. On February 15 prisoner underwent his preliminary examination, which I produce, signed by him. He said: "On December 14 last some of my creditors having found out that I had paid a visit to Clouovitch, at once began to press me. Then on December 15 the landlords put in a distress for the September quarter's rent, £25. I did not pay them out and I understand they moved the stock, fittings, and fixtures, and sold them for £18 10s. On December 16 I had £670 in cash in my possession, being the money Which. Clenovitch had paid me. On December 16 I decided to go to Monte Carlo and endeavour to make it up at the gambling tables to be able to come back and pay all my creditors. With that idea I went to Folkestone, stayed there till December 18, when I crossed over to Boulogne, and was induced by a man to go to Paris instead of Monte Carlo, where I lost by gambling at cafes in a few days the whole of the money. I returned to England on Sunday, December 24, with about 30s." He also stated that between October and December he lost about £2,000 by horse racing and cards.
Cross-examined. Prisoner stated also: "l am 29 years of age, am a Russian Jew and came to England with my parents 15 years ago from Russia "; that he began by keeping a stall for selling goods in the street. He gave certain addresses where he was trading, and said he was at 189, High Street, for about four years, and then at 190, High Street, for about 18 months." I commenced business on my account as a fancy goods retailer with a stall in High Street, Shore ditch. I had about £4 of my own and no debts. I continued this until October, 1906, when I had about £220 and no debts. I then purchased the lease of 189, High Street, Shore ditch, for £50, fitted the place up, at an additional cost of about £50, and commenced business as a wholesale and retail stationer, fancy goods, and toy merchant."
Mr. Muir submitted that the prisoner had committed no offence under the Statute, as he quitted England for a purely temporary purpose.
The Common Serjeant held that there was evidence for the jury whether prisoner quitted England with the intention of taking his property out of the jurisdiction; if he did so, that would come within the Statute.
Evidence of previous good character was given.
Sentence: Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, May 9.)
FRY, Guy Mortimer (41) , obtaining by false pretences from Charles William Richards £10, with intent to defraud; obtaining by false pretences from Joseph Bai £1 10s., with intent to defraud; obtaining by false pretences from Alfred Ernest Richardson one waistcoat and other articles and £5 14s. 4 1/2 d., the goods and moneys of Percy Harrison, with intent to defraud; obtaining by fake pretences from Rinaldo Gattoni the several sums of £4 and £4, in each case with intent to defraud.
Mr. Ganz prosecuted; Mr. Maddocks defended.
Medical evidence was called that the witness Rinaldo Gattoni was unfit to appear. His deposition was proved.
CHARLES WILLIAM RICHARDS , managing director of Artillery Mansions, 71, Queen Victoria Street, Westminster. On September 1 prisoner took a furnished flat at three guineas a week. He gave the name of " Captain Gerald Fry " and was accompanied by a lady whom he introduced as his wife. They took possession on December 5, and on December 13 he gave me a fortnight's rent in cash. On January 1 he gave me a cheque for £6 9s. on the Union of London and Smiths Bank, 1 which was met. Although I asked him for it he paid me no further rent. On February 6 this letter (Exhibit 1) was handed me by Mrs. Fry, enclosing cheque for £10, dated February 10, asking me as a great favour to cash it, as he wanted to pay the cook and to give his wife the balance, and a further cheque for £15 9s., dated February 12, for the rent; he asked me not to cash them till the following Monday, and stated that he was getting £23 for rent for 3, Cornwall Gardens, Margate, on the 10th. I received them about 4 p.m., when the bank was closed. I declined to accept these post-dated cheques and sent them back by her. She returned shortly afterwards with the dates corrected, as they are now, to February 6. I handed her £10 in cash in the belief that he had then very little money, but that in the course of a day or so the £23 he mentioned in his letter would be paid in and the cheques met. As requested, I did not pay them in until about
February 14, when they were returned marked "Account closed." He left the flat on the 14th; he came in and said that he had made arrangements and the cheques would he met. He came again on the 15th and said again that it would he all right and the cheques would be met, He subsequently telephoned me and said he was coming down to settle that day. I subsequently went to the bank manager and then communicated with the police.
Cross-examined. I believe prisoner was ill on February 6. On the faith of his letter I advanced the money. On February 14 he said he was going away, but he wanted to keep the flat on another week; I allowed him to do so as he had left some things there; at that time I had the returned cheques in my possession. I did not re-present the cheques. I was expecting him to come and pay me, according to his promise.
LAWRENCE JOHN LITTLEWOOD GAUL , clerk, Union of London and Smiths Bank, Victoria Street. On January 1 prisoner opened an account and I produce certified extract from the books and a copy of the entry in the signature book; it gives his name "Gerald Maurice Fry," late of the 7th Dragoon Guards. On February 6 the credit balance was 7s. 6d. The total amount paid in was £95 0s. 6d. I produce a list of the cheques returned unpaid. On February 6 the manager wrote him Exhibit 6 stating that in consequence of the irregular way in which his account had been conducted we were compelled to refuse any more money and asking him to close the account and to forward unused cheques. The letter was sent by hand. On February 14 he wrote us stating that he would pay £10 in before 12 to meet a cheque for that amount, and unused cheques. On that date a cheque for £10 in favour of a Mr. Richards was presented, but it was returned by our bank marked "Account closed." Prisoner wrote us again that day and our manager wrote him stating that it was now too late to accept any more money.
Cross-examined. On February 12 we wrote him saying that we would hold two cheques for £5 and £1 until 2.30 and returning £5 he had offered to meet one of them; we did not, in fact, close the account until the 14th.
Cross-examined. I left it with the servant. At 3 p.m. on February 14 a messenger came from him with a note to say, he would send £10 to meet a cheque for that amount presented that afternoon; at the time we had returned the cheque. He never actually sent it.
Re-examined. I (produce the letter (Exhibit 6) prisoner sent saying that if it was not too late he could send the £10.
JOSEPH BAI , restaurant keeper, Wilton Road, Victoria. At 7 p.m. prisoner, a customer of mine, asked me to cash this cheque (produced) dated February 21, payable to "self" or order, for £1 10s. I said I had no money in the till, but my manager changed it for him under my instructions. I thought it would be honoured. He returned
between 9 and 10 p.m. and said if I liked to give him his cheque back he would give me the money. I could not find the cheque and I returned him the £1 10s. which he had paid me. He said that I could pass it through all right; or words to that effect. On the next day I paid the cheque into my account and it was returned "Account dosed." I never saw him again.
Cross-examined. He was a regular customer. He was not excited when he asked me to cash the cheque. I would not have lent him £1 10s. He produced more than enough to pay it when he returned. I think he intended to defraud me; he was too much of a "swanker." It is true that I said before, "I do not think he wanted to cheat me. It did not look like it," but I meant that was my idea at the actual time of changing the cheque. I thought I was being asked my opinion of the man; I did not trust him.
ALFRED RICHARDSON , 30, Richmond Park Road, Kingston. I am manager to Percy Harrison, outfitter, 10, Thames Street, Kingston. On September 28 prisoner came in and bought goods to the value of £4 5s. 7 1/2 d. He took them away. About 8 p.m. on October 2 he came and asked for his bill. I gave it to him and he gave me cheque (produced), dated October 2, for £10, drawn on Cocks, Biddulph, and Co.'s bank and signed "Gerald Fry." I gave him £5 14s. 4 1/2 d. change and paid the cheque into Mr. Harrison's account. It was returned marked "Refer to drawer." I felt justified in thinking the cheque would be met, since we had had two previous transactions with him, and he had referred us to a local gentleman, who had said he was & man of means. We did not hear any more of him until March 20, when Mr. Harrison received five guineas in cash from him.
Cross-examined. We threatened him with County Court proceedings. In giving him credit we relied upon the reference we had received.
FRANCIS ALLEN COLE , clerk to Messrs. Cocks, Biddulph's Bank, Charing Cross. I produce certified extract from the books of the bank relating to an account which was opened by prisoner on November 23, 1910. The last item is April 21, 1911, when the account was overdrawn £3 8s. 3d.
Cross-examined. The account is still open. It was a substantial account. Prisoner has a life policy, but I do not know whether the Bank has it.
Detective-sergeant WILLIAM CHILDS. On March 6 I saw prisoner at Margate Police Station. I told him who I was and asked him if his name was Captain Gerald Fry. He said, "That is the name I use." I read the warrant to him and he said, "Do you come from Rochester Row or Cannon Row?" I said, "Rochester Row." He said, "You know Mr. Richards?" I said, "Yes, very well." He said, "He is a very nice fellow, is not he?" In the train he said, "This is where I am brought to by another woman. Thank God, I have seen the error of my ways before it was too late. I went back to my wife ten days ago. If I plead guilty to a technicality, do you think the magistrate will deal with me summarily?" When charged he made no reply.
Cross-examined. He was an officer in the Field Force in South Africa. He has had an account in William Deacon's Bank, through which he passed about £25, 000 during the last two years.
Mr. Maddocks submitted that there was no case to go to the jury. As to the indictment relating to Richards, he contended hat the prosecution had not proved the falsity of any representation contained in the letter (Ex. 1), upon which prisoner admittedly relied in advancing the money. The giving of a cheque is no representation that there are funds to meet it (R. v. Walne, 11 Cox 647.) No intention as to defraud had been established, it had not been proved that the account was closed at the time the cheque was given, or that prisoner was not entitled to an overdraft (R. v. Hazelton, L.R. 2, C.C.R., 134; 13 Cox, 1.) The giving of a post-dated cheque (the prosecutor having complied with prisoner's request not to pay in the cheque before a certain date) can never be obtaining money by false pretences, because a promise as to future conduct is insufficient. There must be a false representation as to an existing fact. Counsel contended as regards Gattoni's indictment, that prisoner was entitled to an acquittal since it had been proved that prosecutor had lent the money not on the faith of the cheque but because he trusted the prisoner. As retards Bai's indictment Counsel contended that the suggestion that prisoner had intended to defraud was negatived by the fact that he had subsequently offered cash for the cheque upon which the money had been lent. As regards Harrison's indictment, no false pretence had been proved, since the prosecutor had lent the money on the faith of the reference which he had obtained.
Mr. Ganz stated that the indictment charging prisoner with falsely representation that the cheques he was giving were good and valid orders for the payment of the particular sums and that he had authority to draw them was taken from R. v. Hazelton (supra.) He referred to passages in the judgment in that case, and contended that as regards Richards' case there was clear evidence that prisoner had received the letter (from the bank manager closing the account prior to his sending the two cheques to the prosecutor, which he therefore knew he had no authority to draw. As regards Gattoni's and Harrison's indictments, he contended that the mere giving of a cheque is in itself a representation that the giver has authority to draw. It had been proved in this case that prisoner had not that authority. As regards Bai's case, prisoner's subsequent conduct did not affect the question as to whether when prisoner gave the cheque he had an intent to defraud. That was a question for the jury.
Mr. Maddocks contended that it had not been proved that prosecutors had been deceived by any alleged misrepresentations of fact made by prisoner (R. v, Roebuck, 7 Cox, 126.) Judge Lumley Smith said he would not stop the case.
GUY MORTIMER FRY (prisoner, on oath.) At the time I wrote the letters to Richards enclosing the cheques I had not received the letter from the bank stating that my account was closed; it was true, as I stated in my letter, that I was expecting to get £23 as rent from my he use at 3, Cornwall Gardens, Margate, and I did, in fact, receive that sum on February 9; Mr. Richards promised through an intermediary to keep the cheques until the 10th and on that day I sent a messenger to the bank with £10 to meet them, but it was refused. I telephoned two or three times subsequently to Mr. Richards saying how sorry I was. Through ill-health I had to go to Margate; this was after giving the cheques to Bai and Gattoni. In giving the cheque for £1 10s. to Mr. Bai I had no intention of defrauding him; be trusted me at once. I had had some drink at the time. I knew then I had no
money account at the bank and I returned and offered him the 30s. He could not find the cheque. I told him that my account was closed and arranged that he should keep the cheque until I went in and paid him. I had been a good customer to Gattoni and he had cashed many cheques for me; a previous cheque of mine had been returned to him and I had to pay him. He has never made any allegation against me with regard to these cheques. He subsequently cashed another one for me. In giving the cheque to Richardson I did not expect it to be dishonoured, because the bank had a life policy of mine, an undiscounted bill for £500, and an agreement that F.A. M'Lane owed me £1,000. I have had during the past two years transactions to the amount of £40, 000 with William Deacon's Bank; I had a business at 20, Victoria Street and I put a considerable sum of money in a paper and another business; I had too many irons in the fire.
Cross-examined. I went by the name of "Guy Mortimer Fry" because at school I was teased for my name being "Guy Fry "; I always went by the name of "Gerald" at home, and I have always traded under the name of "Gerald Fry." When Exhibit 6 was delivered at the flat I was ill in bed; I received it some time in the afternoon after I had sent the cheques to Mr. Richards. A young lady who was living with me answered the door and took the letter. When I sent her in the morning with the letter to Mr. Richards she returned and said that he wanted the dates altered; he is mistaken in saying that he received it at 4 p.m.; I do not remember hearing him say that at the police court. When I sent the messenger to the bank on the 14th I enclosed the £10 in a separate letter and the boy had orders that if the manager said it was all right he should pay it in. I did not pay the £10 to Mr. Richards when I saw him subsequently because I was waiting for the cheques to come back. It is true that, strictly speaking, I knew I had not power to draw cheques on the Union of London and Smiths Bank on February 21, but I only gave the cheque to Bai as security. The next day I was taken ill and had to go to Margate or I would have paid both him and Gattoni. When I handed Richards the cheque I had no idea that my account was overdrawn at Cocks, Biddulph's.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, April 25.)
Sentence: One day's imprisonment.
BEFORE THE COMMON SERJEANT.
(Monday, April 29.)
Prisoner confessed to having been convicted at Clerkenwell Sessions on November 5, 1907, of warehouse breaking, receiving 23 months' hard labour, in the name of William Russell. Other convictions proved: October 25, 1904, North London Sessions, four months' hard labour, stealing a bicycle; 18 months' hard labour, Middlesex Sessions, on May 27, 1905, stealing a bicycle. Prisoner was released from his last conviction on June 11, 1909. He would give no account of what he had been doing since then.
J. WALTON, 11, Beulah-road, Leytonstone, bricklayer, stated that prisoner had worked for him honestly for nearly two years.
Sentence: Eighteen months' hard labour.
BEFORE THE RECORDER.
(Wednesday, May 1.)
FRANCE, George Frederick (40, outfitter) , being an undischarged bankrupt did unlawfully obtain credit to the extent of £20 and upwards from Nathan Lipovitch without informing him that he was an undischarged bankrupt.
NATHAN LIPOVITCH , cap manufacturer, 394A, Mile End Road. I have been in business on my own account since February, 1911. In that month I called upon the Manchester Hat Company, with whom my late firm, of whom I was manager, did business, and asked them if they could let me have some business. Prisoner, who saw me, said if I left my samples he would see what he could do; I was to call next day; he was to have one month's credit. I supplied him with £9 7s. 6d. worth of goods, for which he gave a cheque signed "Myers." I went on supplying him goods till December last, and he paid me for them; altogether it came to about £214. I saw no one in the shop when I called except prisoner and his brother. I did not know he was an undischarged bankrupt. The name over the door was "The Manchester Hat Company." In December my man delivered to him £26 5s. worth of goods on the usual month's credit. I have applied to him for the money, but he has not paid me.
Cross-examined. As works manager for Warner and Co., my late firm, I would not deal with their customers direct, although I would know their names. I do not know whether it was their habit to make inquiries about people who wanted to open an account; I did not think it necessary to make inquiries about prisoner before he opened an account with me, because my old firm had already done business
with him. I swear I did not know they had learnt he was an undischarged bankrupt. I did not see over his premises his name as the manager. I never made inquiries about my customers. I never asked prisoner who the Manchester Hat Company was and what his position was with them. When I wrote in February asking him for his account he called and said he would not pay it as he was not the governor of the place; I swear he never told me that the business belonged to a Mr. Reynolds and he was managing for him, but he produced landlord's receipts bearing that name, and that was the first time I surmised it; he never mentioned Mr. Reynolds's name. As goon as I realised this I commenced criminal proceedings. This was in March. I have made inquiries since and I have satisfied myself that Mr. Reynolds does not exist; I did not trouble to inquire as to who was the person who entered into the electric lighting agreement which had regard to the receipts he showed me. In February I found he was an undischarged bankrupt and my solicitor wrote him, informing him of this and that if he could not clear the facts up proceedings would be commenced; I do not think he asked him to pay. I swear I did not know the contents of this letter (produced) from Stubbs's to Warner and Co. informing them that prisoner was an undischarged bankrupt. I knew before February this year that he was only manager from one or two letters that I received from him in November but I did not know before November. I then tried to get out of the account. I did not make any inquiries from Stubbs's. I went on supplying him with goods as long as he paid me; I supplied them after that date to the firm and not to him; I invoiced and debited them to the firm.
THE RECORDER, stating that the Act was never intended to apply to such a case as this, it being clear that the goods were supplied to the firm, directed the Jury to acquit prisoner.
Verdict: Not Guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 7.)
SUGG, Richard (29, labourer) , breaking and entering the dwelling-house of Charlton Lenox, with intent to steal therein; being found by night having in his possession, without lawful excuse, certain implements of house-breaking.
Mr. St. John Morrow prosecuted.
The charge of house-breaking was tried.
CHARLTON LENOX , 20, Dacre Road, Upton Park. On March 16 at 3 p.m. I left my house properly secured and' returned with my brother at 8 p.m. A man was on the step, who asked me whether Mr. Ellis, the bricklayer, lived there; I said there was no one of that name lived there and the man went away down the road. I took out my key to open the door, when I found it was open. I sent my brother to keep
an eye on the man and went in to see if the place was disturbed. I came out, followed my brother to Crescent Road and we followed the, man into Selywn Road, where we lost sight of him. Five minutes afterwards we saw him again in Crescent Road, followed him and asked what he was doing in a house in Dacre Road and what game he was up to. He said something about we were asking for it and we would get it in a minute. My brother had then got hold of him. I pulled him away and said, "Let the man go "; he had got his hand in his right coat pocket and I thought he might bring out a weapon, so I told him to let the chap get out of it. I found there was no damage done. On April 13 at East Ham Police Court I picked prisoner out from a number of other men as the one most closely resembling the man I had seen on my doorstep; I could not swear to him; I thought it was a taller man.
HARRY LENOX , brother of the last witness, corroborated. On April 13 I picked out prisoner from among a number of other men, but I could not definitely identify him. On March 16 as I followed the man in Crescent Road I heard a noise as if he had thrown away something. I gave information at the station and that evening I went with a constable to try and find what he had dropped. We did not find anything; we had a lantern.
Detective THOMAS PITCHLEY, K. Division, stationed at Forest Gate. On March 17 at 11 a.m. in consequence of a communication. I searched in Crescent Road and in the corner of the privet hedge of No. 36 I found jemmy produced protruding two inches. I then went to No. 20, Dacre Road and found marks on the front door and in the back with which the jemmy exactly corresponded. The door had been forced. I was present at East Ham Police Court when prosecutor touched the prisoner, saying, "This is the nearest man, but I cannot swear to him."
(Wednesday, May 8.)
Detective-sergeant William Hubbard, K Division, stationed at Forest Gate. On April 6 at 9 a.m. I saw prisoner at Forest Gate Police Station. I said, "Sugg, you will be put up for identification this morning at the court as you answer the description of a man who was found breaking into 20, Dacre Road, on March 16. It is the house of a Mr. Lenox, a builder." Prisoner made no reply. Later prisoner was seated in the passage at East Ham Police Court waiting to go before the magistrate. As I passed he came across to me and said, "Mr. Hubbard, it was only an attempt, I will not give you any trouble. You know I never carry a revolver, I would not hurt anybody." I had the jemmy produced in my hand and he said, "Ah, I threw that in the garden—you found it, then—I could tell it anywhere." When the charge was read over to him on April 13 he made. no reply. Police-sergeant Walter Selman and Sergeant Scrimshaw were present at the time.
Sergeant WALTER SELMAN and Detective-sergeant GEORGE SCRIMSHAW corroborated the last witness as to the conversation.
Police-constable HARRY FAIRWEATHER, stationed at Forest Gate (called at the request of the prisoner.) I saw prisoner talking to Hubbard, but I did not hear what was said.
Prisoner's statement before the magistrate. "I reserve my defence till the trial; I call no witnesses."
Prisoner confessed to having been convicted on December 1, 1909, at West Ham Police Court in the name of William Jackson , receiving three months' hard labour for stealing a bedstead. Three other summary convictions were proved for church breaking and being found with house-breaking implements. Prisoner's correct name was stated to 'be James Harrison ; he had gone under the name of Richard Sugg, that of his brother-in-law, a respectable man. Prisoner was arrested with burglarious implements upon him, the subject of the second indictment, which was not tried.
Sentence: Twenty months' hard labour.
BEFORE THE RECORDER.
(Tuesday, April 30.)
Mr. Du Parcq prosecuted.
THOMAS ROSS MACGREGOR , general servant, s.s. Tongarro, of the New Zealand Shipping Company. Lawson was a mess room steward and Aldus a general servant. On March 14, the day we left Monte Video on our return journey from New Zealand, were were in the peak (Aldus was not present), when Lawson boasted to me about what he had done on other ships with regard to robberies. (The Recorder stated that they were only concerned with the matters relating to the Tongarro.) He told me he was saving up all the stores he could get hold of to sell at Teneriffe. He said, "I know a native there, Franks by name, who will buy anything he can get hold of from me," and he said that he was going to get some blankets if he could, because he had already sold all the engineers' 'blankets at Monte Video and he would have to get some more either from the second steward or by stealing some himself; he said he would bluff the second steward that he had taken the dirty ones back and get more clean ones in that way. He said Franks bought off everybody and he dealt with the chief stewards. About four days afterwards Aldus told me that he was helping Lawson in the deal with the blankets and that he was going to get into the second-class store, where the white blankets were stowed, take some and stow them in the mess-room. About
3 p.m. that day I went on deck and saw Lawson outside the mess-room shaking rugs; Aldus was running from a port in the second saloon to the mess-room carrying blankets. There was nobody else about on that afternoon. It was not part of his duty to move blankets unless he was told to and he would not do it in that way; the proper way would be to unlock the door and take them out; instead of that he got over the top of the bulkhead; he told me beforehand he was going to do that. He returned to his ordinary work about 4 p.m. He told me that he had got 14 white blankets into the engineers' mess-room. That was not the place in which to keep them. The following day he suggested to me, "It is up to you to get some blankets and Lawson will get rid of them for you." I stole 20 white blankets from the same place and put them into a disused alleyway; that was my own idea. The door was locked and I got over the top of the bulkhead. Aldus got eight more white blankets at the same time and handed them through the port to Lawson, who was on deck. No one else was about at the time. I told Aldus what I had done and he told Lawson. On the following day Aldus told me that Lawson had told him it would be a good idea if we could get about 100 blue blankets and stow them away all ready to sell with the others. I agreed and helped him to get them and stow them in the cabins along the alley way. We got them from two steerage cabins, getting into those cabins with a passkey that Aldus said he had got from Lawson; he passed the blankets over to me. He told me there were 100 and told me to stow them into the empty two berth cabins, which I did. He said he was going to take 100 knives into the mess-room and then he went away and when be came back he told me he had done it. The key he used was one of these (Exhibit 4.) The following day the ship came into port at Teneriffe. Lawson brought two of the natives up to me and told me to show them where the blankets were. The day previously Lawson, Aldus, and I had looked at the blankets and Lawson said they were all right; he said that all we would have to do was just to show the natives where they were. When he brought these two natives to me on the following day I took them, as he asked me, and showed them the blankets and they started putting them into bags that they had brought; they had filled one bag with white blankets and were starting to pass it up through the hatch on to the deck to some more Dagoes, when I heard the carpenter Whitelock shout down. I walked along the alley way with the idea of getting out. I was away (for about five minutes and on coming back I found the bag that they were passing up lying on the deck with the empty ones. I slung them all into an empty cabin. Aldus was then on deck. Directly afterwards I saw him and told him what I knew. He said, "I have done two of the knives over the side so they cannot find them." The next day Lawson said to me, "Don't tell. They cannot prove anything.' On April 3 I made a statement to the captain and on April 8 I gave evidence at the police court.
Cross-examined by prisoner Lawson. You had nothing to do with the storing of the blankets in the after alley-way and you were not at
any time in the second-class store room engaged in handing the blankets out. It would be necessary for you to put blankets in the engineers' mess-room. The captain told me he had enough evidence to hang me, but he did not terrify me into making a statement. He did not suggest you were in with me; I just made my statement. It is true I was toeing cross-examined for about two hours. My statement's was not put into my head by the captain and others to be revenged against you. You made yourself very obnoxious to the officers on the ship during the voyage. I made my statement 'because 1 was afraid that the stewards would have to pay £2 or £3 out of their wages; I head that from the stewards, including Philby. I have seen pillow-slips and counterpanes torn up in the peak. I have heard that passengers after they have been seasick put the blankets over the side. I have seen blankets used for doors and they have also been distributed amongst the firemen.
To Aldus. You said to me, "What a splendid opportunity to get our own back on the second steward." He did not look after the gear as carefully as he might have done. I never saw you in possession of any knives; I only saw you in the room where they were kept. I never saw the passengers taking their meals on deck; they might have done. A sailor coming across a knife on the deck would knock it into the sea. Steerage passengers are not very carefully searched on landing and they could take things away,
Re-examined. The second steward would lose £1 a month bonus if a large amount of gear was short.
CHARLES RAYMOND PLUMMER , second steward, s.s. Tongarro. I was in charge of the linen of the ship and made an examination of it before we sailed from New Zealand on February. 14. I have not my stock book here, but speaking from memory we had 1, 230 blue blankets and 216 white ones. The next occasion I overhauled them was after leaving Teneriffe, when I found 181 blue and white blankets short. We looked for them and we discovered 82 stowed away in passengers cabins in a disused section of the ship; some were packed and some were stowed away carefully folded under the bunks; I believe there were 22 white ones in the bag. We do not store blankets in bags of that kind and it was not a proper place for them to be stored; the crew had no right there unless they were sent for some special purpose. The passengers could not get down there; We had only saloon pasengers on this voyage and they would not help themselves to blankets. The white blankets were stored in a temporary store in the second saloon and the blue blankets' in steerage cabins. Neither of the prisoners had a right to go there without orders, and I at no time ordered them to move blankets from there. These places were locked, but it was possible to get into the secondclass store over the top of the bulkhead. I found also a number of knives missing. These keys (Exhibit 4) are not issued to stewards and I did not know that Lawson had any. I gave information to the chief steward as to what I found. After deducting the 82 found there would be 22 white blankets and 55 blue blankets missing.
To Lawson. You returned some blankets to me at the Albert Docks. I was not "pals" with you on the voyage; I am not supposed to be "pals" with those under me. I kept a tally book of the things that went to the laundry and came back when we were on the coast of New Zealand. I have not it here. (The Recorder directed that this should be produced.) I did not admit in the police court that I had not used the book. A lot of blankets were torn up one night; I do not know what that was due to; I do not put it down to my unpopularity. I receive £1 a month in the event of the gear being all right and a certain class of fellows might do away with stock to make me lose that £1. I found 17 spare blankets amongst ten men after leaving Teneriffe; I am not here to answer whether that is careful management on my part or not. No blankets were in the possession of the firemen unknown to me. When a fireman wants an extra blanket I give him one and he gives me a "chit "; he pays for it if he does not return it. It is true I made a mistake of two in counting 17 blankets; but the mistake was rectified. Emigrants could take blankets if they wanted to, but I do not think any of them did so on this voyage as they were fairly decent people. You warned me several times that as the stewards were so incensed against me they were going to dump stuff over the side.
To Aldus. I acknowledge saying that I would like to get you a month and you said you would get your own back; you threatened to drown me with a bar of iron on arrival at London. I do not consider that your fines on board were unfair. Only blue blankets would be issued to the crew.
(To the Court.) No one is supposed to have skeleton pass-keys similar to Exhibit 4; these (produced) would open any door they fitted. Other people than Lawson had pass-keys, but they had no right to them. He could obtain access to the bags by going into the stewards' cabin.
(Wednesday, May 1.)
HARRY PHILBY , 94, Grove Road, Bow. I was third-class cook on s.s. Tongarro. On March 31 we arrived at Teneriffe. Betwen half-past 6 and 7 p.m. I saw Lawson in the alley-way near the mess-room in the engineers' quarters with three natives, one named Franks, who I know as a dealer; they were standing round a sack and they appeared to me to be putting something in it, but I could not see what it was; I was about six yards from them; the alley-way is very narrow and I could just see the sack between their legs. I left and returned a few minutes later and I think two of them were outside. Lawson was standing in the alley-way to make room for the others to come out; I saw natives pass him carrying four bags half-full of something; the bags were passed over the side of the ship into a boat. (To the Court.) It was the duty of the officer on the deck to ask them what was in the sacks, but he was not there. It would not have done for Lawson to have interfered because he was only the mess-room
steward, but it would have been his duty to communicate with some person in authority with a view to ascertaining whether they did or did not contain something which belonged to the ship; he was responsible for everything in his department and these were coming from his quarters. By the rules of the ship he ought not to allow anyone dcwn there at all; these Dagoes are supposed to stand outside and do their business on deck. A little time after I saw Aldus. I said, you are passing a lot of stuff over the side to-night "; I was referring to the sacks. He said, "I am passing nothing over the side. You have seen me pass nothing." I said, "Don't be so sure of that." He then walked away. I had not actually seen him pass anything over the side; I only asked him as being in the same department working with Lawson. The prisoners and McGregor were friends. The next day McGregor was shifted under my charge. I did not report this matter to my superior officer as it was out of my department. On April 2 McGregor made a statement to me which I reported to the chief steward.
To Lawson. I was on the deck when I saw you and the Dagoes surrounding the sack, and it was possible for me to see the sack. It is usual for the crew to buy fruit, etc., from the natives. They have no right in the alley-way where I saw them, but you could not prevent them going there if they went by the second engineer's orders. It did not occur to me to fetch a steward to see what those sacks contained or to report it to superior officers. It was your duty to examine them. I did not actually see Aldus pass anything over the side; it was a shot. After this affair you sent an order round the ship that should anybody give evidence against you or Aldus you would send the firemen, who were supposed to be in your pay and under your influence, round, and they would be practically mutilated, and that was the reason why McGregor was shifted under my charge.
HENRY WHITBLOCK , 17, Barking Road, Canning Town. I was a carpenter on board the steamship Tongarro. About 6.30 or 7 on March 31'wihen the vessel was at Teneriffe I saw three or four Dagoes forcing an iron bar out of a companion way and passing up a bag. There was another Dago under the ladder passing up the bag. I caught hold of it and asked them what they were doing there. I found that it was full of white blankets, and they offered me money to go away. I threw the bag down the hatchway, and in doing so I saw McGregor at the bottom of the ladder. I went and saw the chief officer and returned to the place where I had thrown the bag down, when. I found it had been shifted to behind a door in the cabin two cabins aft of this ladder. When I saw this bag being handed up prisoners were standing 20 ft. to 25 ft. away on the other side of the deck and they could see me talking to the Dagoes. They did not join in at all. They could see what the Dagoes were doing, but they apparently did not take any interest in it; they did nothing and said nothing. When I threw the bag down the Dagoes went over the side into their boats, which contained bags and boxes. The same night I made a report to the captain. To, Lawson The natives usually lower the things over the side, but
I do not know of any rule that they may not use the passengers' gangway. You were nearer to the Dagoes than I when I first saw them. It would not he possible for you to get blankets from the second class companion way without going on deck.
Further cross-examined by Lawson. I filled in this colonial laundry book when we were at New Zealand. It is signed by myself and the laundryman as correct. The stock book contains a complete inventory of the stock taken at the end of the voyage, and it is compared with the stock taken at the beginning. (Lawson stated that he did not suggest the blankets were lost in the laundry, but that the second steward did not know, other than those that went to the laundry, what blankets were on the ship.) I made an examination of them after leaving Tenerriffe, when I found a shortage of 77, and on arriving in London a further examination was made when I found an even greater shortage.
Re-examined. Before the vessel left New Zealand I ascertained the number of blankets on board.
Police-constable WALTER LILLET, Port of London Authority. At 5.30 p.m. on April 7 I saw the prisoners on board the steamship Tongarro in the chief steward's cabin in the presence of the captain. The captain said, "I want to give these two men into custody for stealing blankets on the voyage home." I said, "I am a police officer. You hear what the captain says?" Lawson said, "I am very sorry it has come to this." The captain had given me these two keys (Exhibit 1) and I said to Lawson, "The captain has given me these two keys which you hear he says he took from you." He said, "Yes, I gave him two keys, one has a small 'a' on the ward." That is the fact. I said, "Do they belong to the ship?" He said, "I really cannot say where I got them from." Aldus made no reply. Lawson was taken into custody by another officer, and, after he had gone, Aldus said to me, "This is the first time I have been in trouble. I did it because he second steward (Plummer) said he would like to get me a month. Lawson suggested we should sell the blankets." They were taken to the police station and charged. I tried the keys on the cabin doors pointed out by Plummer which had been used as a store for blankets and found that they fitted those and several other doors.
Police-constable ALBERT BALDRY, Port of London Authority. On April 7 I took Lawson into custody. On the way to the station he said, "I have nothing to be afraid of. Fancy charging me with stealing ship's gear. The engineers have trusted me with all their property and they have not lost anything."
company. Four days after leaving Monte Video I made the general statement in the peak that I could, if I had cared, have sold blankets at Monte Video to a Dago. McGregor, who was present, asked me whether they would buy things like that, and I said a Dago would buy the propellers if he could get at them. He said he wished he had known as he was always working in the store room (that is where the blankets were supposed to be taken from) and he could have got some and sold them to him. About five days before reaching Teneriffe Aldus told me that McGregor and he were going to get rid of some blankets at Teneriffe, and McGregor had got 20 stowed away and he was going to help with 100 blue. I asked him why he was going to do this and he said, "To be revenged on Plummer." I gave him no advice about the matter, although I realised he was going to commit a felony. The day before we arrived at Teneriffe I went down with Aldus and McGregor to see where the blankets were stowed. I saw them in the alley way. At I was purchasing fruit for the engineers from the Dagoes when McGregor asked me whether they would take the blankets, and I said no doubt they would. That ended the matter as far as I was concerned. I understood they were not going to sell them, but were going to get rid of them for spite. I suppose I neglected my duty in not informing my superior officer.
Cross-examined. Aldus had been to sea with me previously in the Marathon; not a boat of this company. This was my first voyage with McGregor. McGregor's account of my conversation with him is not correct; I did not give him the name of "Franks," although it is true I knew a native of Teneriffe of that name and that he would buy anything; I had not dealt with him. In the course of conversations with McGregor I may have mentioned about my previous voyages, but the money I had earned I earned legally, and I never told him that I had stolen things. (Witness categorically denied the statements McGregor alleged that he had made to him.) I did not tell him to show the natives where the blankets were. When I went down and saw them packed I said "All right "; I meant all right for disposing of. There was no question of selling them for money; it was being done out of spite against the second steward; they gave me to understand they were going to give them to the Dagoes and I believed them. I saw Franks come on board at Teneriffe, but I did not take him with other natives to McGregor. It is true that some Dagoes passed me with some sacks; I had only just bought oranges and different things from them, and these sacks contained fruit and other things. There were not as many as four sacks passed me; Philip is wrong as to that. I could not see the Dagoes trying to force the iron bar from the hatchway from where I was standing, and I did not see the carpenter go up and speak to them. I told McGregor the following morning to deny everything as they could not prove it because he had been blamed for it.
the blankets was because he had said just before we left Monte Video that he had a chance to sell some; McGregor took it up and asked whether the Dagoes would buy them; Lawson said they would, and then McGregor said he could get a score of them if he liked; I did not mean that Lawson really suggested we should sell them. As far as I knew we were going to make a present of them to the Dagoes. About a fortnight after McGregor told me he had got 22 white blankets stowed. away and would I help him with 100 blue. I said I would as I would do anything to get level with the second steward. I took some passkeys which were lying about in the megs-room (everyone on board had them) and I undid the door of the room where the blankets were stored and passed 100 blue blankets to McGregor, who put them into another cabin. I afterwards put the keys back in the mess-room; it was really not necessary to have them because the door was open, and you could also get over the bulkhead. I do not know what became of the blankets afterwards. Lawson had nothing to do with it at all; we took him into our confidence because he had no love for the second steward.
Cross-examined. Lawson knew all about it. I did not tell McGregor that Lawson had given me the key; his story has been frightened cut of him, and it is an invention. By the blankets being short the second steward would lose his £1 a month bonus. I know nothing of any blankets besides the 100 blue. No bargain was made with the Dagoes about these blankets. I bought fruit and cigarettes from them; I suppose McGregor arranged to sell them to them. This was the first time I had been in the company's service. (To the Court.) The Dagoes did not take any blankets away. The 77 blankets short were probably done away with by other stewards out of spite to the second steward; he was very unpopular.
Verdict (both), Guilty, the jury adding that they though Aldus acted under the influence of Lawson.
Sentences: Lawson, Twelve months hard labour; Aldus, six months' hard labour.
BEFORE THE RECORDER.
(Thursday, May 2.)
PURDEN, Sidney (24, traveller) , obtaining by false pretences from Arthur Walker £3, from Harry George Featherby £3 17s. 6d., from Sybel Miller £3 17s. 6d., from Hugh Gilchrist £3 17s. 6d., from William Edward Bell £3 15s., from William Henry Mackrell £3 17s. 6d., and from Prank Cole £3 17s. 6d., in each case with intent to defraud.
Mr. Metcalf prosecuted; Mr. Marshall Hall, K.C., M.P., Mr. Cotes-Preedy, and Mr. Eustace Fulton defended.
with records, £3 17s. 6d. Going to Canada.—Marjory Fitzgerald, 19, Deanery Road, Stratford, Essex." I wrote asking for particulars and enclosed a stamped, addressed envelope. In reply I got this letter (Exhibit 7), "Dear Sir,—Your letter to hand, many thanks for same. The gramophone, a marine cabinet machine, with tone on turntable and horn enclosed, cost twelve guineas February last. It is in perfect condition in every way. I also got a quantity of records which go with same. The reason of my selling it is on account of my leaving England for India to be married. My future husband simply detests gramophones, so of course no alternative but to sell. I think you would like it for a real beauty. It plays splendidly. It would look very well in either dining room or drawing room, and quite a piece of furniture itself. Should you fancy it, am quite willing to send it on providing you send me £3 17s. 6d. here. I pay carriage, and should it not be all I say in this letter I will refund your cash willingly. This I think quite fair to both, seeing we are absolute strangers, don't you? Hoping to hear from you, I am, faithfully yours, MARJCRY FITZGERALD. P.S.—Should you be sending, I prefer postal orders because I transferred my banking account." On January 23 I sent postal orders for £3 17s. 6d., for which I received a receipt in the wrong name. I subsequently received a proper receipt apologising for the mistake. The following week the gramophone arrived, carriage forward. I sent the money on the faith of Exhibit 7 and that I was getting a genuine 12-guinea machine second-hand. Had I seen the machine before it was sent to me I would have had nothing to do with it; it had on it, "Made in Germany," and the packet indicated that it came from Birmingham.;
Cross-examined. The machine I got was a new one in my opinion. It could play. The question whether it has an expensive or inexpensive motor has nothing to do with the tone. I expected to get a second-hand machine, practically new. Whether her husband disliked gramophones or not did not matter to me.
HARRY GEORGE FEATHERBY , engineer, London Road, Bishop's Stort-ford. On December 5 I saw an advertisement similar to Exhibit 6. I sent a post-dated cheque for £3 17s. 6d. for the instrument to be sent on approval; it is now endorsed "Marjory Fitzgerald, W. Murch." I received a letter acknowledging the cheque, stating that she was getting a case made, and would send off the machine, carriage paid, on the following morning, and that she could not see me as she was leaving England next month, and had to go and see friends before she went. I sent the money in the belief that the machine was second-hand, and was made by the Gramophone Company, listed at 12 guineas as the retail price. On receiving the machine, which had come from London, I Went to the bank to request my cheque to be held over, but I was told that it had been paid by wire through a Birmingham bank. The machine came nowhere near my view of the description in the advertisement. I wrote complaining, and not receiving any reply I put the matter in the hands of the police.
Cross-examined. It is true it will make a noise; I suggest it is not worth £3 17s. 6d.
WILLIAM EDWARD BELL , analytical chemist, Lincoln. On February 24 I saw an advertisement similar to Exhibit 6, and I Wrote, offering £3 15s. I got in reply Exhibit 30, similar to Exhibit 7; and I sent a cheque for £3 15s.; it was returned as paid through a Birmingham bank by wire. I got Exhibit 32 and a receipt, and on March 9 I received the machine. It made a horrible noise, and I was not satisfied with it; it was a new machine of a very cheap type there was no mark upon it to show the origin. I wrote asking for the return of my cheque, and at the same time I wrote to Scotland Yard.
Cross-examined. I expected to get a second-hand 12-guinea machine. I did not count the records that came.; I was so disgusted.
SYBEL MILLER , wife of Alfred Miller, 36, Heath Terrace, Leamington. On February 24, seeing an advertisement similar to Exhibit 6, I wrote, asking whether it was a Gramophone machine, and if it was in good condition. I received a reply, a letter similar-to Exhibit 7, and as it did not state that it was a Gramophone machine I wrote asking again whether it was. I received in reply Exhibit 15, stating that it was, and believing this to be the fact and that I was dealing with a lady who was going to India I sent £3 17s. 6d. in postal-orders. I got a receipt and the machine, which came from Birmingham. It was broken, and I was dissatisfied with it. I wrote for the return of my money, and getting no answer I communicated with the police.
Cross-examined. I never tried to see whether it could play.
ARTHUR WALKER , postman, 59, Steven's Road, West Ham, On November 23 I saw an advertisement with regard to a gramophone. I went to Deanery Road. Prisoner opened the door, and I asked to see the gramophone. He said his sister was not at home but; he would show me it. He showed me this one (produced), and I asked him if it was a Gramophone machine. I said I would get a friend of mine to come and see it. I took his opinion, and ultimately I wrote, offering £3, which he accepted. I paid him.
The Recorder stated that, in his opinion, there was no case on this count, and he would direct the jury to return a verdict of Not Guilty.
ARCHIBALD HARPER ANDERSON , assistant manager to the Gramophone Company, Limited, 21, City Road. I have examined Mrs. Miller's machine, and I think it is of a trumpery manufacture; I should say it was new when supplied; there is nothing to show its origin. I should say it would sell for £1 or 25s. retail. It is not one of our, 12-guinea machines, of which I produce a specimen, which we sell at £12, 10s. All the machines supplied by prisoner are similar to the one I examined. The motor is a mere toy; I should say it was a Swiss make.
Cross-examined. We have no trade mark in the word, "Gramophone," and these machines are gramophones according to the law. (Mr. Marshall Hall experimented with a record made by the Gramophone Company on a machine supplied by prisoner.) It will play records but it will not last. A zonopbone machine, price £2 12s. 6d. is sold under our auspices, but it is superior to these machines, As far as I can judge the machines in this price list (produced) supplied
by S.M. and Co. is similar to these machines. There is an enormous business in cheap gramophones. The important thing is to get quality in the sounding box and the record.
HENRIETTA HEINRODT , widow. I let apartments at 19, Deanery Road. About nine months ago prisoner took apartments from me. He did not appear to have any business which took him to the City; he gave the name of Fitzgerald; I never met a person named "Marjory." I allowed him, on his request, to do a little advertising. A number of letters came to the name of Fitzgerald. No gramophones were sent to him to my knowledge, and none were packed and sent from there.
HENRY CLAUD FULCHER , manager, Vanguard Bicycle Company, 166, Pentonville Road. Mr. Murch is the proprietor. We have been dealing for some time with the Runwell Cycle Company, Birmingham. We have advised this firm to dispatch to prisoner these gramophones (we were out of stock ourselves), and they executed the orders which we had received from prisoner on our behalf. We charged him £2 for each machine, new and without records. In the records we charged some at 1s. 8d., some 1s. 4d., and some 10d. each. We knew prisoner as "Purden "; the fact that he was advertising as "Marjory Fitzgerald" did not come under our notice.
Cross-examined. In the price list handed to me I see an illustration of a similar gramophone to these sold by a wholesale firm at £3 10s. retail. Sending direct from Birmingham instead of through an agent would save carriage.
Detective-inspector WILLIAM BURROW, K Division. On March 19 I saw prisoner at the police station. I said, "I hold a warrant for the arrest of 'Marjory Fitzgerald,' and I believe you have been assuming that name." He said, "My name is not Marjory Fitzgerald." I said, "If you say you are not the man who has been assuming that name I shall have to place you with several other men and call your landlady and an official from the Post Office to prove you are the man who has been assuming that name." He said, "Then I will say I am Marjory Fitzgerald." I then read the warrant and advertisement to him. The charge was read, and he said, "£3—is that all you have got?" I said, "No; I have received numerous other complaints against you of a similar nature." He said, "Oh." On searching his lodgings I found a quantity of correspondence, including the letters that have been put in relating to the charge.
Detective-sergeant MICHAEL CHRISTY. On searching prisoner's lodgings I found this circular (Exhibit 41) of the Runwell Cycle Company.
Verdict, Guilty on all counts except Count 1.
Prisoner pleaded guilty upon a further indictment for unlawfully and fraudulently obtaining from Alexander Urquhart, by means of falsepretences with intent to defraud, and unlawfully conspiring together with one Murray, by means of false pretences and other unlawful devices, to cheat and defraud divers persons of their moneys.
Sentence: Nine months' hard labour on each count of the indictments, the sentences to run concurrently.
BEFORE THE RECORDER.
(Wednesday, April 24.)
BAISLEY, William Joseph (28, gymnastic instructor) pleaded guilty, of stealing two rings, the goods of Lita Robertson; stealing two rings and other articles, the goods of Annie Soper; stealing four rings and other articles, the goods of Stanley Long.
Prisoner confessed to a previous conviction of felony at this court on June 27, 1911. It was stated prisoner had obtained access to the houses, from which he stole in all goods to the value of £280, by representing himself to be an officer of the local electric light company. He had been identified in five other similar cases. The value of the property recovered was £42. He was in the Army from 1899 to 1908; he left with a good character. He had been leniently dealt with, on his former conviction on the statement having been made that he would go to Canada.
Sentence: Two years' hard labour.
RAWLINSON, Edward (68, traveller) pleaded guilty , of attempting to obtain by false pretences from Charles Blake £1, with intent to defraud; forging a certain order for the payment of £4, with intent to defraud.
It was stated that prisoner, who had been suffering with his foot, had given way to drink. He was a capable man.
The Recorder postponed sentence, in order to give prisoner, an opportunity of communicating with his friends.
Prisoner, a married woman, had committed this offence as the consequence of the death of the man with whom she was living.
The Recorder postponed sentence till next sessions, Mr. ScottFrance, the Court missionary, being requested to communicate with her.
BEFORE THE COMMON SERJEANT.
(Friday, April 26.)
GOODARE, William (25, policeman) , unlawfully soliciting Harry Kingsnorth, a male person, to commit an act of gross indecency with another male person, to wit, himself the said W. Goodare; committing an act of gross indecency with Harry Kingsnorth; indecently assaulting Alice Rose Kingsnorth; unlawfully soliciting the said H. Kingsnorth to indecently assault the said A.R. Kingsnorth.
Prisoner pleaded guilty on counts 1 and 5 (indecent assault), which plea was accepted by the prosecution. He was stated to have been drunk at the time.
Sentence: Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, April 24.)
FURTHER MIDDLESEX CASES
The prosecution offering no evidence, the Jury were directed to return a formal verdict of Not Guilty.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, April 25.)
TEMPLE, Albert (68, shoemaker), TODD, James (36, carman), and AVERY, George (36, dealer) pleaded guilty , of stealing a horse, a van, a set of harness, and 21 packages of clothing and other articles, the goods of Pickford and Company, Ltd., and feloniously receiving the same.
Mr. Ronald Walker prosecuted; Mr. Purcell defended Temple.
Temple and Avery confessed to a previous conviction. Other convictions were proved against them. Todd had only once been convicted; that was for stabbing his wife; he was then bound over.
Sentences: Temple and Avery (each), Three and a half years' penal servitude; Todd, Three years' penal servitude.
WALKER, Cecil (39, stationer) pleaded guilty of obtaining from Emile Polak £30, with intent to defraud; unlawfully forging and uttering, knowing the same to be forged, four letters with intent to defraud.
Sentence: Two months' second division.
BEFORE THE RECORDER.
(Monday, April 29.)
Prisoner (who was on bail) failed to surrender.
The Recorder ordered that the recognisances of the sureties (who were present) should be estreated, and that a Bench warrant should be issued for prisoner's arrest; neither order to come into force until next Monday, when an application was to be made.
(Before the Common Serjeant, Monday, May 6.)
It was stated that prisoner had gone to America; the orders of the Recorder of April 29 were made effective.
CASES POSTPONED: CASTIGLIONE, J.L., and PORTEOUS, R.G.; MARSHALL, Frederick; PANKHURST, E., LAWRENCE, E.P., and LAWEENCE, F.P.; CORNELL, Herbert, and EDWARDS-SELLETT, T.J.E.; LAMB, W. H.; ALABASTER, M. C.
BILLS IGNORED: LEVY, Michael; IRVIN, George; JOHNSON, Henry W.; BARNES, William.