Vol. CLVII] [Part 933
CENTRAL CRIMINAL COURT
HELD JUNE 11TH, 1912, AND FOLLOWING DAYS
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED,
10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, June 11th, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CROSBY, M.D., LORD MAYOR of the said City of London; the Hon. Sir THOMAS EDWARD SCRUTTON, Knight; and Sir JOHN ELDOV BANKIS, Knight, two of the Justices of His Majesty's High Court; Sir WALTER WILKIN , K.C.M.G.; Sir MARCUS SAMUEL , Bart.; Sir WILLIAM PURDIE TRELOAX, Bart.; Sir DAVID BURNETT , Knight; Sir WILLIAM HENRY DUNN , Knight; and JAMES ROLL , Esq., Knight, Aldermen of the said City; Sir FORREST FULTON, Knight, K. C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K. C., Common Serjeant of the said City; and His Honour Judge LUMLET SMITH, K. C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
CROSBY, MAYOR. NINTH SESSION
BEFORE THE RECORDER.
(Tuesday, June 11.)
Sentence: Seven weeks' imprisonment, to date from the first day of April Sessions, entitling prisoner to be immediately discharged.
On Ng Yong (Chinese agent for seamen) undertaking to get tickets for prisoners to go to Harwich and from thence to Amsterdam, and to see them off (these tickets were subsequently produced by him), and on prisoners promising through their counsel (Mr. Huntly Jenkine) not to return to this country, they were (on June 12) released on their own recognisances in £10 each and a surety in £50 to come up for judgment if called upon.
Prisoner confessed to a previous conviction for uttering counterfeit coin at Beading on October 12, 1907, in the name of Henry Taylor, when he was sentenced to fire years' penal servitude; he was still on ticket-of-leave, his sentence expiring next October. A conviction for uttering in 1906, and two convictions in 1897 and 1896 were proved. He had worked for different employers since his release. Prisoner stated that, unable to get work after having been discharged from his last employment through slackness, he was starving, and had committed this offence.
Sentence: Nine months' hard labour.
Prisoner confessed to a previous conviction of a similar offence at Newington on February 9, 1909. He had been three times subsequently
convicted of stealing bicycles; on all occasions he was dealt with by the magistrate.
Sentence: Eighteen months' hard labour.
GINNS, Douglas Bevis(19, assistant postman), pleaded guilty of forging and uttering, knowing the same to be forged, a certain request for the payment of money, to wit, a Post Office Savings' Bank demand note for £1, with intent to defraud.
Twenty Post Office Savings Bank pass-books in all, passing through the office at which prisoner was employed, had been lost, and an amount of £18 6s. withdrawn; prisoner admitted having stolen eight pass-books. Since December a large number of postal packets had also been stolen.
Sentence: ' Six months' hard labour.
BAUER, Arthur Robert, otherwise Emile Bauer, otherwise Arthur De Wanton (31, artist), pleaded guilty of stealing nine rings and other articles, and £6 18s. 6d., the goods and moneys of Arthur Barker; stealing two watches and other articles, the goods of Charles Norton Wood.
Prisoner confessed to a previous conviction of felony at the Newington Sessions on November 16, 1909. He was stated to be a German. He had been convicted three times, and on each occasion an order for bias expulsion had been made, but he 'had returned to this country.
Sentence: Three years' penal servitude.
HUGGETT, Alfred Sidney (36, agent), pleaded guilty of embezzling the several sums of 2s., 1s. 6d., and 1s. 6d., received by him for and on account of the Singer Sewing Machine Company Limited, his master; unlawfully forging and uttering, knowing the same to be forged, a certain certificate of service, with intent to defraud.
In September, 1911, prisoner was discharged by the Reliance Insurance Company, for which he was a superintendent, for embezzlement. Prior to this he had borne a good character. His downfall was attributed to drinking and gambling.
Sentence: Nine months imprisonment, second division.
Prisoner confessed to a previous conviction of felony at the County of London Sessions on March 7, 1911. Two previous convictions in 1910 and one conviction in 1912 (when he was sentenced to one month's hard labour) were proved. Prisoner stated that he would rather be in prison than walking about starving.
Sentence: Eighteen months' hard labour.
TITHERADGE, Alfred Henry (27, postman), and WEBSTER, William-(42, porter). Titheradge stealing 136 postal packets, the properly of His Majesty's Postmaster General, he being an officer of the Post Office; Webster feloniously receiving the said postal packets, well knowing them to have been stolen.
Titheradge pleaded guilty, and his case was dealt with
Prisoner, an Army reservist, had been in the employ of the General Post Office since November, 1910. There had been losses of letters from his office since January last.
Sentence: Nine months' hard labour.
Webster pleaded not guilty.
Mr. Forster Boulton prosecuted; Mr. St. John McDonald defended.
Detective WILLIAM GEORGE TYLER (A division). About 3 p.m. on May 9 I saw prisoner with Titheradge ia Dorset Square; he was holding this bag (Exhibit two). Webster then left Titheradge, and I found Titheradge on his rounds, but lost him. About 3.15 p.m. on May 14 I saw Webster in Dorset Square with this same bag, apparently waiting for some one. Titheradge, who was in uniform and with a mail bag, came from the direction of Upper Baker Street, and spoke to him. Webster walked towards Baker Street, and Titheradge went on his walk collecting the letters. I and Stratford, whom I was with, went to the Baker Street Tube Station. After two or three minutes Webster came down with the bag and went into the lavatory, and beckoned to Titheradge, who was behind, to follow him; he did so; he had his mail bag with him. After about two minutes Titheradge came out, joined another postman, and with him jumped into a train. His bag was then about three parts full. I did not see Webster come out; I next saw him being detained by a detective at King's Cross. I went with them to the G. P. O., and I was present when the brown bag, which he had with him, was opened; it fastened with an ordinary catch, and contained a number of letters as if they had been thrown in; there were 86 letters, 43 postcards, and seven book and halfpenny packets, all with the stamps upon them uncancelled. I saw Titheradge afterwards, and both prisoners were given into my custody. I took them to the station, and on the charge being read over to Webster he said nothing.
Cross-examined. I went down to the tube station, because from the information I had received I anticipated prisoners would go down there; this was about 45 minutes after I had seen them in Dorset Square. Neither of us went inside the lavatory.
ALFRED HENRY TITHERADGE , formerly postman at the North-Western District Office. I first met Webster last Christmas when he was put on to assist Mr. My walk was then Dorset Square. On May 14 I met him by accident there. He had a brown leather bag similar to this (Exhibit two) in his hand. He did not speak; he simply walked away. I made a collection from the pillar boxes about there, and at 3.40 I went down to the Baker Street Sation to enter the train. I saw him outside; I was expecting to do so as we had made the appointment on the previous day. I went down the stairs with another postman who happened to be there at the same time. Webster followed and went into the lavatory as we had arranged. I followed him and went into a w.c., leaving him outside the w.c. Nobody was there besides us. I took the bag from him, and in the w.c. I put some of the letters, haphazard, out of my collection in it; this was not by arrangement. I shut the bag up, came out, and gave it him. I had arranged for him to meet me with the bag, but I did not tell him what
for; I did not say anything as to what was to be done with the letters. I should not think he knew I was going to put letters into it; I was going to get them afterwards. This was the first time I had done it. I did not see any more of him until I met him at the G.P.O.; he walked away; he asked no questions as he had no time. I got into the train I had seen Webster with the bag in the day before; he told me he was going to the baths with it. In his presence at the G.P.O.I was accused of stealing these letters, and I said "All right." At the station we were both charged with stealing and receiving, and I said "All right." Webster said nothing so far as I know. I had to put the letters in the bag because I could not carry them about with me, I expected him to take them home; I do not know whether he would have opened the bag. I was going to get a share of the valuables they contained.
Cross-examined. I did not tell Webster that I was going to steal these letters; I simply made arrangements to meet him with the bag, and as far as I know he had no reason to suppose I was going to steal; I had been honest up till this time. I arranged after I had given it to him to call for the 'bag later on; I did not tell him I had put anything into it. I was arrested half an hour afterwards, and I did not see Webster again till about 8 p.m. He keeps a draper's shop, and at Christmas he asked me to get up a slate club amongst the postmen to deal with him. I called on him about May 12.
Re-examined. I was going to see him again at his place at 6.30 p.m. on Kay 14. (To the Court.) When he was charged with stealing these letters I did not say that he did not know anything about it; I did not know what to say.
ALICE LLOYD FINNEY , Honorary Secretary, Literature Branch, Pearl Society. The society provides books for workhouses and hospitals. At 2.30 p.m. on May 14 I. posted a number of postal packets at 1, Upper Baker Street branch post joffice, and I identify these three packets and three circulars (Exhibit one) as some of them.
WILLIAM JAMES CARLTON , Overseer, Western District Office. Since last July Titheradge has been employed at my office. Webster has been employed for the last four Christmas seasons; last Christmas he was on the same walk as Titheradge. He received 24s. a week, being employed about a month, full time. I cannot say whether he had any other employment.
RICHARD WALTER DAVIES , messenger, G.P.O. For about two weeks prior to May 14 I kept prisoners under observation. On several occasions I saw them together. Webster on each occasion had a brown leather bag similar to exhibit two. At about 3.38 p.m. on May 14 I saw Titheradge make a collection from the pillar, box outside the Upper Baker Street branch post office; he was alone.
(Wednesday, June 12.)
Titheradge said, "Good afternoon," and Webster nodded in reply Titheradge, followed by Webster, then went down the steps and went on to the platform. Webster took a ticket, bust Titheradge had a pass. I followed them down. Webster, followed by Titheradge, then went into a lavatory. There are two water closets fitted with automatic penny-in-the-slot locks. After they went into the lavatory 1 heard an automatic lock working. I went into tie lavatory; looked through a narrow aperture about 2 in to 2 £ in wide between the ground and the partition at the aide of the water closet and saw four feet inside one waiter closet. About a minute after they weni in Titheradge was called out by another postman and got into a train. The next I saw of Webster was at To abridge Street, King's Cross, at 4.30 p.m. that afternoon. He was carrying brown bag (produced) and was walking in the direction of his home in Argyle Street, King's Cross. P.C. Kibby, who was with me, stopped him, and took him to the G.P.O.
Cross-examined. I did not see Webster come out of the lavatory; they were in there about two minutes. There was no one eke there.
WALTER CHARLES JAMBS , messenger, G.P.O. I had kept prisoner under observation from April 19 to May 14. On 10 occasions I have seen him with Titheradge, prisoner carrying brown bag similar to that produced. On May 14 I was on the platform of the Baker Street Station; Titheradge came down the stairs, followed by prisoner who went into the lavatory Titheradge followed him in. The entrance to the lavatory is close to the steps. I had previously ascertained there was no one in the lavatory. Prisoner and Titheradge remained inside two minutes. Then Titheradge was called out by another postman. He left with his mail bag. I did not see prisoner leave.
Cross-examined. I lest sight of prisoner; I found had left the lavatory I next saw him at 4.30 p.m. in Tonbridge Street.
Police-constable JAKES KIBBY , attached to G.P.O. On May 14 I was with messenger Davis in Tonbridge Street; King's Cross, when I saw prisoner carrying the brown bag produced and walking towards Argyll Place. I told him I was a police-constable attached to the G.P.O. and requested him to go to the G.P.O. with Mr. He said, "All right, do not make a show. With another officer I took him in a taxicaib to Mr. Strartford's office. I opened the bag and found 136 postal packets consisting of 86 letter and 50 other packet, the stamps of which were uncancelled and without post-mark. He was asked certain questions by Mr. Stratford, who took down his answers in writing.
Cross-examined. Prisoner was not in custody; he went at my request to the G. P. O. He did not asked to be searched. None of the letters had been opened.
EDWARD JOSEPH STRATFORD , clerk in the Secretary's Office G.P.O. For three months prior to May 14 I have been making inquiries with regard to losses of letters at the North-Western District Office and certain postonen were kept under observation by my instructions. Suspicion attached to Titheradge. On May 14 prisoner was brought to my room; Kibby and Tyler were present. Brown bag produced
was brought in. I cautioned prisoner, told him he was not bound to answer my questions, but that his answers might be used against him. I said, "You were seen in the company of a postman named Titheradge at Baker Street Station and you wore in the lavatory together. Do you wish to say anything about this." He replied, "No, not me; I do not know the man; I did not go into the lavatory." I said, "Are you willing to satisfy me that you have not any postal packets in your possession?" He said, "I have none in my possession." I said, "Is this your bag?" He said "No; I found it on top of a bus at about 3.25 p.m. to-day when I was going to Oxford Street." I directed Kibby to open the bag; it was not locked; Kibby opened it, 136 postal packets were found in it. I asked prisoner if he had anything to say with regard to it. He said, "No"; that was all the explanation he gave. He declined to say anything. The letters were afterwards specially delivered to the addressees; there was contained in them, cheques, postal orders, and stamps to the value of £51 4s. I afterwards saw Titheradge at the G. P. O. and gave both prisoners into custody.
Cross-examined. I did not ask prisoner to sign the statement—it is not usual to do so. It is done when the persons are not about to be given into custody, as they were in this case. Prisoner said, "I have not, been to the lavatory; the bag does not belong to me." I wrote down what he said at the time; I produce my original note.
SAMUEL WEBSTER (prisoner, on oath). I live at 2, Argyll Place, King's Cross, and am a lavatory attendant. I also keep a draper's shop. On May 14, at about 3.15 p.m., I met Titheradge at Dorset Square by appointment. (To the Judge. I knew Titheradge before; I had worked with* him at the post office as a casual postman at Christmas time. He had been my assistant. I afterwards returned to my work at the lavatory.) I next saw him about the middle or end of April, shortly before May 14; he came to my shop and asked me to meet him in Marylebone Road on Monday, which I did. He asked me if I would meet him on Wednesday and take a parcel home to mind for him till he called at the shop for it. He said I could bring the bag with Mr. On May 14 I met him at Dorset Square, and he asked me to go to the entrance of Baker Street Metropolitan Station. I met him there, he was with another postman. He asked me to follow him down the platform. He had his mail bag full of letters. He took my bag from me, went into the W. C., and shut the door; after a minute he came out, returned my bag, and ran up the passage. I followed him; he said, "I will call this evening." My bag was empty when I gave it him. I did not examine to see what he had put in. I did not see James or Davies at the station. No one else was in the lavatory. I did not go into the W. C. It would be impossible for any one to see the two people in there. When arrested I offered to be searched, and said I had not any property but what belonged to me. I said I left Baker Street station carrying a brown bag and went on a motor-'bus
to Oxford Street, thence to Show Square, and then home. I was arrested a few yards from my shop in King's Cross. I absolutely deny that I said what Mr. Stratford has stated.
Cross-examined. I first knew Titheradge at Christmas time; I had seen him about five or six times after the middle of April. On May 13 he said he wanted me to take care of a parcel. I did not ask him what was in the parcel, or how big it was, or whether it was valuable. He asked me to bring my bag, and I met him in Dorset Square the following day near the post box. He might have handed me the parcel there, but he asked me to go to Baker Street. I knew he took the parcel out of the mail bag. I took it as an honest transaction, knowing the man was working at the post office. He said, "Follow me downstairs," and I took a penny ticket in order to go down. He was near the lavatory, and went in, and I followed him. There was another postman there. I did not think there was anything extraordinary in it. I had never had any other transaction with Titheradge. A postman would carry his food or anything he had purchased in his mail bag. It would have looked funny for a postman to be turning over his mail bag in the street to get a parcel out of it. I went to Davies Street, Oxford Street, to see a customer, and afterwards to Soho Square. I did not say I had found the bag on an omnibus. I had had the bag for some months. Stratford must have misunderstood me I may have denied that I knew Titheradge; I did not know him by name. I only called him "Postman." Stratford's evidence may have been given at the Police Court. I did not give this explanation before. I was so thunderstruck, I was speechless. I did not give my explanation at the Police Court, because I knew the case was going for trial. I have given it to-day for the first time.
Prisoner confessed to having been convicted on February 19, 1907, at Marylebone Police Court, receiving six weeks' hard labour for stealing a contribution box. Three other convictions were provedDecember 13, 1892, two months for stealing; March 8, 1907, at this Court, twelve months for burglary; and March 6, 1896, Marylebone, three months as suspected person.
Sentence: Twenty-two months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, June 11.)
Mr. Travers Humphreys stated that prisoner had offered to pay the costs of the prosecution, and sentence had been postponed in order that that should be done. The solicitors for the prosecution had delivered their, bill of costs, amounting to £99. Prisoner had offered to pay £80. Counsel now applied for an order for taxation.
The Common Serjeant made the order and postponed sentence till next Sessions.
It being stated that prisoner had been making regular weekly payments for the furniture, he was released on his recognisances in £10 to come up for judgment if called upon.
HATTON, Charles (42, painter), pleaded guilty of feloniously possessing a mould in and upon which was impressed the obverse and reverse sides of a florin; unlawfully possessing counterfeit coin with intent to utter the same.
Ten previous convictions were proved, with sentences including five years' penal servitude for warehouse breaking at this Court on November 19, 1900. Prisoner was released from his last conviction on January 14, 1911, and had since been at work for twelve months; otherwise he would have been indicted as a habitual criminal.
Sentence: Five years' penal servitude.
Mr. Robert Wilkinson prosecuted.
CHARLES LAW , 84, Buckingham Road, Dalston. I have a fruiterer's shop in High Street, Stoke Newington. On May 3, at about 3 p.m., prisoner purchased from me three oranges for 2d. and tendered a 2s. piece in payment. I told him it was bad; he said, "All right, pay it out of this," handing me good money. He then joined another young fellow and went away. I had never seen him before.
HELENA WILFORD , daughter of Frank Wilford, newsagent and tobacconist, 9, Manor Parade, Stoke Newington. On May 3, about 4 p.m., prisoner bought a 3d. packet of Wills's cigarettes and tendered the florin produced. I told him it was bad; he said, "Oh, I am sorry; I did not know it was bad, I must throw it away." He appeared nervous. I called my father into the shop. As my father was trying to shut the door, prisoner ran away and joined another young man across the road. My father ran after prisoner and brought him back.
Cross-examined. Prisoner said, "Am I not just as liable to get a bad coin as you?"
FRANK WILFORD , father of the last witness, corroborated. Prisoner ran away so fast that we both nearly ran into a motor-ear. He was stopped by people in the street. Law's shop is about two minutes' walk from mine.
Police-constable WILLIAM TREVOR , 416 N. On May 3, at about 4 p.m., Wilford gave prisoner into custody and handed me a florin (produced). He said in the hearing of prisoner that prisoner had been trying to pass a bad 2s. piece. I asked if he knew it was bad. He said, "No, I got it on the 'bus." At the police-station I told
prisoner that no 'buses ran up Stoke Newington from Kingsland after nine. o'clock in the morning. Prisoner then said he got the florin on the tram when he paid for a penny fare with a half-crown, receiving that 2s. piece and 5 pennies in change. I searched prisoner and found on him 7s. in silver, 3d. in bronze, packet of cigarettes, a bran ring a key, and a tie pin.
Prisoner's statement at the police-court: I do not wish to say anything here.
FREDERICK JAMES COLLETT (prisoner, not on oath). On May 3, at Liverpool Street, I got on to a 'bus and travelled to Shoreditch Church for a penny. I then had a drink. I then had a penny ride on the tram when I paid for my penny fare with a half-crown, receiving the florin produced and 5 pennies in change. When I passed it at Wilford's shop I did not know it was 'bad. I never went to Law's shop; his evidence is false.
Six previous convictions were proved, including one with a sentence of 15 months' hard labour at the County of London Sessions, on February 2, 1911, for snatching a purse.
Sentence: Twelve months' hard labour.
BEFORE MR. JUSTICE BANKE.
(Wednesday, June 12.)
Mr. Trevers Humphreys and Mr. Bodkin prosecuted; Mr. Curtis Bennett defended.
Mr. Curtis Bennett said that prisoner would plead guilty of manslaughter.
Mr. Travers Humphreys said it was extremely unlikely that the jury would convict of murder, and, if this Lordship approved, the prosecution were willing to accept the plea to the lesser offence.
Mr. Justice Banked assented, and prisoner pleaded guilty of manslaughter.
Mr. Travers Humphreys said that on October 28, 1906, Mr. Smith, who was a public man in the district of Chiswick, where he was greatly respected, was at the Shepherd's Bush Tube Station, and complained to a policeman that prisoner had used an insulting expression towards a woman. Prisoner denied it. The constable told prisoner, who had been drinking, though he was not drunk, to go away. Smith got on a tramcar to go to Chiswick, and prisoner travelled in the same car. When Smith alighted prisoner made a lunge at him with his umbrella, the ferrule of which entered his left temple, penetrating two and three-eight
inches into the brain, and causing death. Prisoner ran away, and eventually went to Canada and Australia. In the early part of this year he was recognised at Perth, Western Australia, and brought back to England. Prisoner was ordinarily a well-behaved man, but when in drink he became very violent and quarrelsome. There were some minor convictions against him.
Mr. Curtis Bennett stated that on the day in question prisoner had undoubtedly taken more drink than was good for him, and had become incensed against Smith for accusing him without foundation of insulting behaviour to a woman. Prisoner, admitted, with regret, that he did strike at Smith with his umbrella. When, the next morning, he realised from the newspapers that he had caused the death of the man, he became frightened and left the country. When arrested in Australia lie said to the officer, "I assure you I am quite satisfied with my arrest," meaning that this business had been on his mind all the time, and that he was relieved to get it off his conscience. While in custody at the Brixton Prison he had helped to protect a warder who was attacked by another prisoner.
Sentence: Nine months' hard labour.
Prisoner pleaded guilty.
Mr. Muir and Mr. F. C. Whiteley prosecuted; Mr. A. Pennell appeared for prisoner.
The death of Hayes was the outcome of a fight between him and prisoner, both men being in drink. Prisoner had borne a good character.
Sentence: Six months' hard labour.
Mr. W. Blake Odgers prosecuted.
FLORENCE YARWOOD . For eight months I lived with prisoner's mother at 50, Cuthbert Road, Walthamstow; during that time I kept company with prisoner. I left his mother on March 21 owing to frequent quarrels with prisoner; he used to drink and say things, and gave me blows now and then, so I went back to my mother. I was never engaged to be married to him. I had some furniture at 50, Cuthbert Road. On April 2 I went there; prisoner was there. After I had packed up some things prisoner locked the door and asked me my intentions; I did not answer. He took a knife from his pocket and stabbed me in the left hand. I asked him what he did it for; he cried, and said he did not know. He asked me to say nothing about his stabbing me, as he would lose his pension. On April 27, when I was living at 4, Louisa Street, Kingsland Road, I saw prisoner in the street; he asked me why I was not at Walthamstow; I told him I had been there that day. I went home and undressed. I heard prisoner outside whistling, and saw him standing at the street door. I went to bed. About two in the morning I was awoke by feeling that I was being stabbed with some sharp instrument in my
back. My father and mother and brother were sleeping in the same room. I shouted out; prisoner blew out the light; mother brought in a light from another room, and I then saw prisoner lying in front of the table with his throat cut. We were both taken to the hospital.
GEOFFREY HATFIELD , house surgeon at the Metropolitan Hospital, said that on prosecutrix's admission on the morning of April 28 she was suffering from nine incised wounds on the arms and left breast; each wound would involve a separate stroke. The wounds were not dangerous; they might have been inflicted by the rasor produced. Prisoner was also admitted on the same morning; he was suffering so much from shock from loss of blood that I could not say whether he was sober or not.
Police-constable FREDERICK CHUDLHIGH , 324 G. About 3 a.m. on April 28 I was on duty in Kingsland Road when I heard shouts of "Murder" and "Police." I went to 4, Louisa Street. In the top front room I saw prisoner lying on his face on the floor; I turned him over and found a large wound in his throat. I gave first aid and sent for the ambulance and took him to the hospital. There he made a voluntary statement. He said, "I asked her to marry me; she left my mother's (house five weeks ago; I asked her to meet me at Walthamstow to-night; she did not turn up; I came up and saw her in the street; she would not speak to me; I went and got drunk; I came back and let myself in with my own key; I do not know what happened after that. "I cannot say whether prisoner was drunk when I saw him; he was semi-unconscious and covered with blood. He made this statement about 25 minutes after I went to the house.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Sentence: Twelve months' hard labour.
Prisoner pleaded guilty of attempting to commit suicide, and for this was sentenced to one month's hard labour, to run concurrently with the other term.
Mr. Fox-Davies prosecuted; Mr. Eric Dun-bar defended.
GEORGE SYDNEY LAMBERT , van shunter, S.E. and C.R., Bricklayers' Arms Station. On the early morning of May 10 I was in Moss's Alley, Southwark, with Louisa Fisher. Prisoner came along with Mrs. Lockwood, and they knocked at Mrs. Casey's door. A female voice replied, "You cannot let him come upstairs. "Young Jack Casey came out, and prisoner hit him; Casey ran off. Presently Kendall came out of
his door, opposite the Caseys'. Prisoner rushed at Kendall; prisoner put his hand in his right-hand pocket, and struck Kendall. I cannot say what he had in his hand. He ran away and Kendall ran after him. After going a little way Kendall shouted, "I am stabbed." He staggered, and I caught him in my arms. I let go of Kendall and ran after prisoner; I caught him, and a policeman arrived. I heard prisoner say to the policeman, "I am sorry; I hope he is not dead; it will be a life for a life if he is."
Cross-examined. There was nobody else in Moss's Alley at the time I speak of. At the police court I did say that I heard from the Caseys' door a voice say, "You cannot come upstairs"; that is a mistake. I was talking to my young woman, Fisher, who lives in Moss's Alley. I am sure there was nobody about then, but a lot came out when they heard the screams of "Murder!"
Detective-inspector FRANCIS CARLIN , M Division. On May 10, about 2.30 a.m., I was at Southwark Police Station when prisoner was brought in. I told him he would be detained pending inquiries for attempting to murder John Kendall in Moss's Alley. He said "Yes, sir, I am sorry; I hope he is not dead; you must understand that three men and some women set about me last night, and I had to defend myself. "Later that day I told him that I should charge him with attempting to murder Kendall by cutting his throat with a razor. He replied, "Yes, sir, I am very sorry, but I really did not mean to hurt him; it is all through a respectable woman named Lock; she has my papers and things, and I should like her to speak for me. "In reply to the formal charge, he said, "It is all over looking after a respectable woman." The razor produced was handed to me by Police-constable Ludwig.
Cross-examined. When prisoner talked of looking after a respectable woman I understood him to refer to Mrs. Lockwood; he mentioned her husband. Moss's Alley is in rather a rough neighbourhood; it is not a very brilliantly lit place, but there would be plenty of light for a person to see from one side to the other.
JOHN KENDALL , waterside labourer, 27, Moss's Alley. On May 10, in the early morning, I was indoors when I heard shouts for help. I went out and saw prisoner and Jack Casey shaping up, sparring; I also saw there Mrs. Casey, Mrs. Lockwood, and Mark Casey. I said, "What's the matter, Mark," when prisoner rushed at me and dug me under the chin; I did not see what he had in his hand. He ran away; I started after him, but I had to stop from loss of blood. I was in hospital for eleven days. I had never seen prisoner before.
Cross-examined. I did not see prisoner hit Casey. I am certain there were some women in the alley. I do a bit of boxing; so do my two brothers.
JOHN CASEY , 27, Moss's Alley. Mr. and Mrs. Lockwood lodge at our house. On May 10 Mrs. Lockwood came home about 12.30 a.m., accompanied by prisoner. I was standing at our gate; before anything was said prisoner hit me. I called out for help. Kendall came over. He said to me, "Who is he?" Prisoner immediately put his;
hand in his pocket and got something and struck at Kendall. Kendall shouted out that he was stabbed and I ran away. I did not see Lambert there; I did not threaten prisoner with a knife; I had no knife, and did not see anybody with one.
Cross-examined. I heard mother say to Mrs. Lockwood that prisoner could not come in. It is not the fact that prisoner then turned to go away and someone knocked him down; that when he got up I and another man were sparring with him, and that then Kendall came up behind him. I do a little boxing in my spare time.
ARTHUR JAMESMCNAIR , house surgeon, Guy's Hospital. Kendall was brought in suffering from loss of blood from a long, clean incision, starting behind the left ear and going downwards to the left angle of the jaw, about one and a half inches deep; no important vessels were injured. This may have resulted from a stroke with the razor produced.
ELIZABETH LOCKWOOD . I lodge with my husband at Mrs. Casey's Prisoner has known my husband for some years. On May 9, about 10.30 p.m., prisoner called and asked to see my husband. I told him he was asleep. Prisoner and I went to a public-house, where we stayed till closing time. He walked back with me, as he thought my husband would then be awake. Mrs. Casey opened the door to us. I told prisoner he had better go upstairs to my husband. Mrs. Casey said, "He is not coming in here." I said good night and went upstairs. Prisoner seemed sober.
EMMA CASEY . I opened the door; my son was with me. I said to prisoner, "You must not go up there this time of night;" I thought they might disturb my little children. My son opened the door for prisoner and I went to the kitchen. Shortly after I heard a shout of "Police," and on going to the street door I saw Kendall with his throat bleeding. I took him to the hospital. I had been with Mrs. Lockwood and prisoner since about ten that night; I never saw him assaulted by anybody.
Cross-examined. When I told prisoner that he must not go upstairs he did not say, "I don't want to go upstairs."
Police-constable ALBERT LUDWIJ , 315 M. About 12.45 on this morning I was on duty at Bankside and in consequence of what I heard I ran into Moss's Alley. I there saw Lambert and prisoner. Lambert said, "This man has cut Mr. Kendall's throat. "Prisoner said, "I did it, all right, mate; I hope he is not dead; I suppose I shall get hung." I arrested prisoner. His neckerchief was stained with blood. On the way prisoner tried to put his hand into his coat pocket; I prevented him; I took from him this razor; there were bloodstains on it. Prisoner said to me, "There were three men and some women in Moss's Alley, who knocked me about." Prisoner had been drinking, but was not drunk. He did not say anything about having been injured, or point out any injuries.
Police-constable EDWARD PUTTOCK , 243 M. I assisted Ludwig to take prisoner to the station. On the way prisoner said, "I am not going to deny it; I did it; I hope be ain't dead"; and he kept mumbling about being set on by thirty to one.
JOHN HEATLEY (prisoner, on oath). My possession of the razor is accounted for by the fact that at the common lodginghouse where I live a fellow lodger had the barber's rash, and, to make sure that this man should not use the razor, I carried it about with me in my pocket. On the night of May 9 I had been out with Mr. Lockwood; then I missed him, and went to Moss's Alley to inquire whether he had reached home. I went out with Mrs. Lockwood to a public house. At closing time I thought perhaps people might think there had been something wrong between me and her, so I went back with her to explain to her husband where she had been. Mrs. Lockwood knocked at the door, when out rushed three men and a woman. The woman said, "You are not coming in this place"; I said, "Who wants to come in," and I went to walk away. I was knocked down; then I turned to run out of the court, and they all came in a line at me, women and all; there were then about six or seven men. One was saying," Stick it in him, Mark; stick this chiv in him, Mark," and I saw two knives. I was afraid of the men. It came to my mind that I had the razor, and I thought I could keep them away from me by just showing it, so I pulled it out of my pocket. It must have been in the struggle that this man got hurt. Fisher said to me, "This man's throat is cut"; I said, "I hope it ain't, I will wait here till a constable comes. "It is not true that I tried to run away.
Cross-examined. I cannot explain why the witnesses should say that I hit this man.
Verdict, "Guilty of unlawful wounding, but in self-defence."
Mr. Justice Bankes having directed the jury as to the law, they deliberated further, and eventually returned a verdict of " Guilty of unlawful wounding."
Numerous previous convictions were proved, several for assault.
Sentence: Nine months' hard labour.
No evidence being offered by the prosecution, a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Wednesday, June 12.)
SIMPSON, Henry (29, dealer), BRADY, John (27, labourer), and BRYAN Michael (25, labourer) , all robbery with violence upon William Harris Brettargh and stealing from him one purse and other articles, and £3 10s., his goods, and moneys.
Prisoners pleaded guilty of robbery without violence, which plea was accepted by the prosecution.
Simpson confessed to having been convicted on January 23, 1906, at West Ham in the name of Harry Payne, receiving 21 days' hard labour for stealing an overcoat; two other summary convictions were proved; since 1906 has been working honestly. Brady confessed to having been convicted at this Court on May 26, 1908, receiving 20 months' hard labour for robbery with violence, after three previous sentences of three, six, and 15 months; it was stated that he had worked honestly since his release in November, 1909. Bryan was stated to have had two sentences of seven days and 21 days in 1905, and to have since been working at the docks.
Sentences: Simpson and Bryan (each) six months' hard labour; Brady, twelve months' hard labour.
Prisoner confessed to having been convicted at the North London Sessions on March 26, 1907, in the name of Charles Steven, receiving four months' hard labour for stealing a trunk. Seven other convictions were proved, with sentences including 12 and 15 months.
Sentence: Eighteen months' hard labour.
MCWILLIAM, Walter (22, cricketer), pleaded guilty of forging and uttering, knowing the same to be forged, certain orders for the payment of £32 10s. and £20 in each case with intent to defraud. Obtaining by false pretences from John C. Vickery one watch and other articles, with intent to defraud. Forging and uttering, knowing the same to be fored, a certain order for the payment of £5 16s., with intent to defraud. Stealing one suit case and contents, the goods of the London and North-Western Railway Company.
Prisoner confessed to having been convicted on January 6, 1911, at Sheffield Quarter Sessions in the name of Walter Summerfield, when he was sentenced to two concurrent terms of 12 months' hard labour for larceny. He was also sentenced at Leeds City Sessions on March 31, 1910, to two terms of six months in the second division for fraud. He had confessed to a number of other frauds, which were at his request taken into consideration.
Sentence: Twenty-two months' hard labour on each indictment, to run concurrently.
MCDONALD, Bruce (23, no occupation), pleaded guilty of forging and uttering, knowing the same to be forged, a certain order for the payment of £65, with intent to defraud; attempting to obtain by false pretences from Walter Henry Hayes one motor cycle, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of £2 9s. 3d., with intent to defraud; obtaining by false pretences from Selfridge and Company, Limited, certain clothes with intent to defraud.
It was stated that prisoner was well connected, and that there was some doubt about his mental condition. Sentence was postponed till next Sessions, prisoner's parents to be communicated with.
FRITH, Thomas (16, tailor), and COOPER, Thomas (16, bag maker). Frith forging and uttering, knowing the same to be forged, three several orders for the payment of money, in each case with intent to defraud; both obtaining by false pretences from the London City and Midland Bank £16 15s., with intent to defraud; Cooper feloniously uttering, knowing the same to be forged, three several orders for the payment of money, in each case with intent to defraud.
Prisoners pleaded guilty; they had been reported as unfit for Borstal treatment.
Sentence (each prisoner): Six months' hard labour.
HICKMAN, Herbert (41, colourman), pleaded guilty of having received certain property, to wit, six several gums of 5s. each for and on account of Charles Richard Marcham and others, the trustees of the St. Peter's Friends of Labour Loan Society, unlawfully fraudulently converting the same to his own use and benefit.
Prisoner was stated to have 23 years' previous good character and to have given way to drink. On condition of his taking the pledge, sentence was postponed till next Sessions.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 12.)
COHEN, Louis (20, stickmaker), who pleaded guilty at the Session of October last (see Vol. CLV., page 623) of unlawfully uttering counterfeit coin, and was released on his own recognisances, was brought up for judgment, it being proved that he had been convicted on May 6 last of stealing, and sentenced to three months' hard labour.
(Sentence: Four months' hard labour, to date from the first day of these Sessions.
Mr. Beaumont (Morice prosecuted.
Police-constable GEORGE BEACON , 690 K. About 2 p.m. on May 27 in Old Ford Road I told prisoner, who was with two other men, that I should take him into custody for being in possession of counterfeit coin.
He said, "I have no coins," and became very violent; I used my truncheon. He threw these two counterfeit halfcrowns (Exhibit 1) wrapped up separately in tissue paper in the road. I picked them up and took him to the station, where he was searched. In his left-hand trousers pocket I found this counterfeit halfcrown (Exhibit 2) wrapped up. They all are dated 1892. I also found 3 shillings and 6 1/2 d. bronze, good money. When I first got information I was standing outside the "Crown Hotel" at the corner of Grove and Old Ford Roads. I then saw prisoner with these two other men about 30 yards away and I went after them. The other two men ran away. I had received
this counterfeit halfcrown (Exhibit 3) dated 1892 from the licensee of the "Crown Hotel.
Cross-examined by prisoner. I arrested you on my own responsibility. At the station you asked for the attendance of the licensee. I received information about 1.50 p.m.
NELLIE VESET , barmaid, "Crown Hotel, Old Ford Road. About 2 p.m. on May 27 a man, not the prisoner, who was with some other men, tendered this bad halfcrown (Exhibit 3). I called the attention of the landlady to it and he walked out; I do not think the others left with him.
To prisoner. You were in the house between 11 and 2, but I cannot say whether you were among these men.
Re-examined. He was outside when they came. I could identify the man who tendered the coin, but I do not think I could identify those who were with him.
Prisoner's statement before the magistrate. "I plead guilty to having the one coin. I did not know it was bad."
JAMES KELLY (prisoner, not on oath) stated that when in the "Crown Hotel he met a number of men, with whom he became friendly; that one of them tendered a coin, which he was told was bad; that he took it from this man's hand, whereupon the man walked out of the bar; that he looked round for him and went out himself, whereupon the guv'nor, who had been present, said he would lock him up and he (prisoner) told him he could do so; he walked slowly up the road and the guv'nor started talking to the policeman; that having gone about ten yards up the road he realised he had the bad coin upon him, whereupon he returned determined to see the matter out, thinking he might be "pulled up"; and that on doing so he was arrested.
Verdict, Guilty. Three convictions in 1896, 1897, and 1901 (not for coinage offences) were proved. Since his release in February, 1902, prisoner had done casual work as a labourer.
Sentence: Twelve months' hard labour; the Common Serjeant remarking that the next time prisoner was convicted of a coinage offence he would he sent to penal servitude.
Mr. Philip B. Petrides prosecuted.
EDWARD HARWOOD , motor tyre maker, 46, Winchester Street, N. At 5.30 p.m. on May 25 I came out of the "Waterman's Arms with prisoner and two other men, when they knocked me down, went through my pockets, and took out 15s., my keys, and a war medal. They rushed away and I ran after them. Prisoner ran into Sergeant Stephen's arms.
Cross-examined by prisoner. You and some other men asked me if I was going to treat you; I did not say to you, "I know you and you did not say, "I have never seen you before. We went into a public-house,
but as soon as we went in they said to you, "Outside; they did not refuse to serve me as I had had too much. It is not true that when we went from there to the "Waterman's Arms they would not serve me; you all had a drink with Mr. When I came outside I did not say, "I have been robbed, and you did not stop me while the other two men ran away and I followed them. I never said at the station that I did not want to prosecute you.
GEORGE BOWEN , 122, Bavingdon Street, N. On May 25 I was coming by the "Waterman's Arms, when I saw prosecutor with prisoner and two other men. Prisoner struck him in the face and knocked him down. They put their hands in his pockets and pulled some money and a medal out. Prisoner ran one way and the other two ran another. I saw him arrested.
To prisoner. I was present when you were charged at the station. I saw you take the money. I ran after you and I saw you put your hand down; you must have dropped something then; I did not say that before the magistrate.
Police-sergeant GEORGE STEPHENS . On May 25 I saw prisoner running, followed by the prosecutor and a crowd. I stopped him and prosecutor said, "This man and two others have knocked me down outside the 'Waterman's Arms' and rifled my pockets and taken 15s. and a medal. I said to prisoner, "You have heard what he said. I am going to take you into custody. He said, "You won't find anything on me. I don't know what the others have got. Search me, and he held up his arms. I took him to the station and when he was charged he made no reply. Nothing was found upon him.
To prisoner. Two boys followed on to the station and told the inspector what they had seen; the other lad did not turn up at the police court, as he had promised. You did not ask me at the station why the boy was not there.
Prisoner's statement before the magistrate. "At 5.30 p.m. I was in Pentonville Road. I met the prosecutor the worse for drink. He asked me to drink with him. I refused. He was knocked down by two or three men and robbed...
ALFRED HILL (prisoner, on oath). At about 5.30 p.m. I was coming down Pentonville Road, when I met prosecutor, the worse for drink, fighting with some friends outside the "Crown. He said he knew me, but I said I did not know him. He asked me to have a drink, but I refused. I went into three public-houses with him, but they refused to serve him. When he came out of the "Waterman's Arms he felt in his pockets and said, "I have been robbed. As soon as his friends heard that they ran down the path by the side of the canal. I stopped outside and when they had all gone I walked round the corner. The crowd came after me and said, "There goes one. I stopped and the prosecutor came up and said, "You have robbed me." I said, "You have made a mistake. I am willing to go to the station and be searched." A detective came up and wanted to know what the matter was. I told him that the prosecutor accused
me of robbing him and I wanted to go to the station and be searched. When taken to the station nothing was found upon me and the prosecutor said he was satisfied and did not want to press the charge.
Cross-examined. I did not see anybody robbing him or knock him down; he was standing up all the time; I did not know he had been knocked down; there was such a crowd I could not see anything. When I said at the police court, He was knocked down by two or three men and robbed, I was going by what the prosecutor had said. Bowen and the police officer are telling lies. I stood waiting for the prosecutor.
Prisoner confessed to a previous conviction of felony at the Newington Quarter Sessions on July 24, 1906, in the name of Albert Clark, when he was sentenced to four months' hard labour for larceny. Two previous convictions in the same year were proved. It was stated that since 1906 he had been working, but a fortnight prior to this offence he had gone back to his old companions.
Sentence: Twelve months' hard labour.
The Common Serjeant directed that £1 reward should be given to the witness Bowen for his services.
Mr. Hardy prosecuted.
A conviction in 1907 for indecently assaulting a girl aged seven was proved.
Dr. Dyer stated that prisoner was a degenerate and, to a certain extent, weak-minded, but there were no definite indications of insanity.
Sentence: Fifteen months' hard labour.
SCOTT, William (29, butcher) , breaking and entering the warehouse of George Pettyt and stealing therein two motor cycles and other articles, his goods; obtaining by false pretences from George Joseph Johnson one toilet set and £2 18s. 3d. in money, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of £3 10s., with intent to defraud.
Prisoner pleaded guilty to all the offences with the exception of obtaining by false pretences the toilet set mentioned in the second indictment. The plea was accepted by the prosecution.
Prisoner confessed to a previous conviction of felony at the Guildhall on June 4, 1910, in the name of George Smart, when he was sentenced to 12 months' hard labour. The cheque which he had forged he obtained from a book which he had stolen from the warehouse; by this cheque he had succeeded in defrauding Mr. G. J. Johnson. He had voluntarily given himself up. A conviction in 1909 for housebreaking was proved.
Sentence: Twelve months' hard labour.
Mr. Horace Fenton prosecuted.
THOMAS WILLIAM HOWARD , shipping agent. Between 2 and 2.30 p.m. on May 11 I was in the "City Arms public-house, Great Tower Street, with a friend, when I suddenly felt a prick behind my right ear. I turned round, and saw prisoner standing about three yards from me with this knife (produced) in his hand. He said, "I have been following you about for a long time, but I have done you in at last. I know him; so far as I know he has no grudge against me. I was taken to the hospital, from where I went to the station.
STEPHEN PATRICK COATES , shipping agent. Between 2 and 2.30 p.m. May 11 I was standing outside the post-office in Great Tower Street, next door to the "City Arms, talking to two sailors, when I felt a dig below my right ear. I turned round, and saw prisoner walking away. He said, "There is another one. In his hand I saw a knife similar to this (produced). A man held him, and I was taken into a chemist's shop, where I was attended. I was taken to the hospital and from there I went to the station.
Cross-examined by prisoner. I was standing outside the post office, about three yards from the door of the public-house.
FREDERICK GEORGE LLOYD , outpatient officer at Guy's Hospital. About 2.50 p.m. on May 11, on examining Howard, I found a wound over the right ear, three-quarters of an inch long and three-eights of an inch deep; no vital structures were injured; I stitched it up. On examining Coates I found a wound in precisely the same position, but not quite so deep; no vital structures were damaged; I stitched it up. This knife (produced) could have caused both wounds.
Police-constable GEORGE HENRY DAVIS , 197 C. About 2.40 p.m. on May 11 I was on duty in Great Tower Street when I heard a police whistle being blown outside the "City Arms. I ran there, and saw prisoner being held by other persons. I asked him what was the matter, and he said, "I have just stabbed two of them in the neck with that knife; he was referring to the knife I was holding in my hand, which had been given to me by someone in the crowd. He continued, "I bought it this morning, and I carried it in my pocket open all day to do the job. I then sent him to the station. After taking prosecutors to the hospital I took them to the station, where prisoner was charged. In reply he said, "I am only sorry I did not carry out the business I intended to do. These men have ruined me. I bought the knife for the purpose. He appeared to be getting over the effects of a lot of drink, but he was not drunk.
To prisoner. I saw you in the morning, but you were not drunk. I do not know anything about you not having been sober for weeks.
ANNE KINDER . I am prisoner's wife. On the night of May 10 he came home very drunk, and he was drunk when he left the house the following morning; in the night all he could talk about was the prosecutors doing him harm in his business. He has never been sober for
the last 12 months except on Sundays; he tells me that his business really makes him like it.
JOHN WILLIS , of the Royal Prisoners' Aid Society, stated that prisoner for the past six years had done, in connection with his business, a great deal of good work for the society, but of late had been incensed with Howard in the belief that he had endeavoured to get business away from him.
Dr. Dyer stated that prisoner showed signs of chronic alcoholism, but he could detect no sign of insanity.
Sentence: Six months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, June 12.)
BENNS, Walter Bowness (49, traveller) , within six months, to wit, on April 10, 1912, embezzling £1, and on April 26, 1912, embezzling £1 4s. 1d., respectively received by him for and on account of William Robert Frederick Avery, his master.
Mr. E. L. Hadfield prosecuted; Mr. C. Weller Kent defended.
WILLIAM ROBERT FREDERICK AVERT , embossed seal manufacturer, 88, King's Road, Fulham. Prisoner was first employed by me about the beginning of December last as traveller without salary, but commission of 20 per cent He was to sell a stock of Christmas seals. About the first week in January we agreed that he should have £1 a week and 10 per cent. commission on new orders and 5 per cent. on old customers who were already placing orders with me whom he was entitled to call on. The first two months he worked very well and made his reports regularly. After that they became erratic. I wrote him on the subject. He saw me and gave an excuse. I overlooked the matter. In April I asked my secretary to get out a list of people who owed me money. I saw it one morning on my blotting pad. Next day it was missing. The next time I saw it was when prisoner returned it. It has on it a note in his writing, "Omitted to be placed on list forwarded 26/4/12, D. A. Jones, Notting Hill Gate, £1 4s. 1d. deducted for die until delivered 8s. 6d. balance £1 12s. 7 1/2 d. This paper I did not steal, sir. I did not know it was in my possession until some hours after leaving office. Prisoner had no authority to collect the account or to make the deduction. I have not received the money. There was also £1 due from Messrs. Hajiani. Prisoner received that on April 10. The list was returned on April 28 or 29. At that time he was not attending at the office or reporting. I caused inquiries to be made as to what he was doing. On April 27 a detective called at his house but could not find him. On the 28th I received a letter from prisoner saying he enclosed list of accounts he had collected and would be prepared to hand me cash for same in 48 hours from time of writing. As to his salary of £1, sometimes it was paid to him on Saturdays; sometimes
he would borrow in advance during the week. Nothing was due to him on account of salary or commission; very much the other way.
Cross-examined. His salary commenced on January 4. I have no salaries or commission book. I only paid salaries to prisoner and the typewriter girl. I keep trading books. I can only prove I paid prisoner salaries by the counterfoils in the cheque book and the record in the cash book. I have not the cash book here. It does not contain any statement of the salaries paid. I had one or two receipts from prisoner in. the beginning. They were only for commission. He was not working all along on commission. I had no knowledge that he was travelling for other firms; he was supposed to give his whole time to me. I never understood that the 20s. or 25s. a week which I gave him was on account of commissions he was earning. The last time I paid him salary was April 13. He used to come to the office pretty well when he liked. He used to come as late as 9.30 p.m. to make his report. When he moved to Uverdale Road he used to come in every morning. It is the last month I am complaining about. He collected money on one previous occasion. When a person offered him money he was not to refuse to take it as long as he paid it to me. I communicated with the police on April 26 and took out a warrant on the 30th. I reported him because I found the list was missing. It was brought to my notice that it was being used for collecting money from my customers and I thought I was entitled to try and prevent it and T wrote my customers not to pay any collector.
Cross-examined. Prisoner did not ask for the money. I said, "We owe an account to Mr. Avery, we had better pay it."
DOUGLAS JONES , 2, High Street, Netting Hill Gate. I paid prisoner this account on April 26. He called in a very pressing manner and requested the account to be settled. He gave me this receipt. He had a paper on which was a collection of other accounts. I saw the figures, somewhere about £71.
Cross-examined. I spoke to Mr. Avery at the police court. He did not ask me if I saw prisoner with a sheet in his hands when he called. He asked if I was satisfied he was the proper man to collect the account. I said yes and that I saw the paper with his other accounts on, otherwise I should not have been so stupid as to pay.
Detective-sergeant BAKER , D. I arrested prisoner on April 30. I told him I held a warrant. I read it. He said, "Yes, I have a perfect answer to it all. Thank God, I have a letter which will prove it all."
WALTER BOWNESS BENNS (prisoner, on oath). I live at 19, Uverdale Road, S.W. There has never been a word mentioned about salary from the time I met Mr. Avery till this moment with one exception and that was in connection with a statement which Mr. Avery wrote out in reference to forming his business into a company and appointing
me director. I was to take 10s. a week to bind myself to tha company. The amounts that were paid to me from time to time were advances against commission. During the last month I was with Mr. Avery I went to his place of business once a day; previous to that I used to go perhaps twice a week, when and how I pleased. Mr. Avery never treated me as a servant, neither have I ever regarded him as my employer. I am unable to say what my commission might be on orders I got. I called to see the managing director of the District (Railway Company. He said, "I want you to do so und so and I will give you an order for 250, 000." There was no official order. I communicated that to Mr. Avery and told him the one thing to do was to cut a die in accordance with his ideas and they would give an order for 250, 000. It takes a considerable time to execute the order inasmuch as some of the work is done here and some in Germany. I cannot say how much of that order has been executed. I did not ask for the money from Hajiani. I did not know he owed the money. I advised Mr. Avery I had collected it, in accordance with the custom I adopted. I did not have the opportunity of. paying him; I was arrested in the meantime. It was no fault of mine I was not arrested before; it was the detective who was so dilatory in his duty. I was at home and had been during that evening. As to the way in which the list of debts came into my possession, I was in Mr. Avery's private office with him. I went out whilst he sat there. I did not take the list out of his office; it would have, been impossible; he was facing me at the table. I carry a wallet with papers and samples, and turning those over to show some samples I came across this paper, which I had never seen before. I looked down it to see the amounts to be collected, I was up at Notting Hill Gate, I saw one was there, I went in and asked for it and they gave it to Mr. I could have collected a dozen if I had wanted.
Cross-examined. I picked up the list on the 24th. I was arrested on the 30th. I was at Shepherd's Bush, and collected the other amount, seeing it was outstanding since last October or November. Mr. Avery told me he could not collect his moneys, or he would give me a cheque on account of moneys he owed me. I had four days to hand over the money to Mr. Avery, but it was not customary of me to go to the office every day. Mr. Avery had the list on the 28th, showing I had collected Hajiani's £1. I do not know the amount of commission due to me from Mr. Avery. It is impossible for, me to make it up, because I do not know what orders were in hand and partly executed at the time of my arrest. I furnished Mr. Avery with a skeleton, and asked him to. fill in the amount of orders he has done. I took no steps to forward the money to Mr. Avery. He owes me money.
Prisoner confessed to a previous conviction; other convictions were proved.
Sentence: Nine months' hard labour.
Verdict, Not guilty.
Mr. Graham-Campbell prosecuted; Mr. Lort Williams defended.
KATE HODGSON , 7, Gosport Villas, Lee-on-Solent. Mrs. Lissner and Mr. Searle lodged with Mr. They were with me on Whit Monday, June 5, 1911. I saw them several times that day. Mr. Searle was in his pierrot costume. They stayed with me till August 21. They did not sleep away from the house once during that time.
Cross-examined. They were living as man and wife.
(Thursday, June 13.)
ARTHUR ANSLEY , clerk in the Probate Registry. I produce the original petition filed in the divorce action of Lissner v. Lissner and Searle. There is a rule that the co-respondent has to be cited to appear, and an affidavit sworn by the person serving the citation to the effect that the citation has been served. Exhibit 2 was sworn before me on June 15 by someone purporting to be Lionel Lewis. Subsequently some alterations were made in the affidavit, and it was resworn on June 20, 1911. I do not recognise defendant as the person who swore the affidavit.
GEORGE RUSSELL , treasury clerk, Coliseum Music Hall. Defendant is employed at the Coliseum as cashier in the balcony pay-box. I have seen him write, but only in pencil. Exhibit 4 appears to be in defendant's writing.
LILIAN ADELAIDE LISSNER , 71, Fen wick Road, Peckham. I was respondent in the divorce case of Lissner v. Lissner and Searle. When I left my husband I went to Eastbourne. I joined Mr. Searle there. He is professionally known as Harry Sinclair. The first address I went to at Eastbourne was 8, Hyde Road. I was there three or four weeks. I then went to 61, Langley Road. Mr. Searle went with me. We left there on May 13 for. Brighton. We were only there a few hours. We then went to Lee-on-Solent. We stayed there at 9, Gosport Villas' a few days only. We then went to No. 7, Miss Hodgson's. From the time I went to Lee-on-Solent till August I did not leave Lee-onSolent at all. On Whit-Monday, 1911, Mr. Searle was with a concert party. I visited the show once or twice that day. I was with him all the time. I first heard of divorce proceedings against me in January last, when a representative of the King's Proctor called upon me. No divorce papers have ever been served upon me. I know no one of the name of Lionel Lewis. I never saw defendant before I saw him at the police court.
Cross-examined. My husband came to see me at Hyde Road, Eastbourne, in March, 1911. He came with another gentleman whose name I do not know. He wanted me to go back. I said I would think it over. I think I wrote next day refusing to go back. I did not know he was going to take divorce proceedings. He said at first
he would and then he would not. Prisoner had no knowledge of me or Searle. I did not know until this trial that he was related to Lissner.
AGNES MARY VINESS , 61, Langley Road, Eastbourne. I let apartments. I know Mrs. Lissner and Mr. Searle as Mr. and Mrs. Searle. They lodged with me from March 11 till May 13, 1911. I have not seen either of them since they left. They were not at my house on June 5, 1911. Two gentlemen called at my house on Whit Monday, 1911, one was defendant. He asked whether anyone lived there named Sinclair. I said, "No, not at present; do you mean Searles?' He said probably they would be the same people. Then he beckoned to the other man to come up the steps. The other man said, "I am the husband of Mrs. Searle The defendant then said, "I wish to see them; I want to serve these papers on them" I said, "They are not here; they have gone a week or two. The husband asked if I knew their address;" I said, "No, they told me they were touring round and would probably go to Manchester." The husband said they were still in the town and did not seem to believe me. They did not leave any papers at my house. I did not see them give papers to any man or woman that day.
Detective-sergeant WALTER HAMBROOK , New Scotland Yard. On May 31 last, at the Coliseum, I served defendant with a copy of the summons (Exhibit 3), which charges him with committing perjury. I told him who I was and read the summons. He replied, "I served the papers on two people pointed out to me by Mr. Lissner. I served them last Whit Monday. I served them at a house he took me to in Langley Road, Eastbourne; it was on the left-hand side going down. I shall know where it was when I see my pocket-book; I have the notes in there, if I can find the book. "I then read the statement over and he said, "This statement is true as far as I remember, but it is a long time ago" He told me he had been a solicitor's clerk, about 12 months ago I think he said, since he left school.
LIONEL LEVY (prisoner, on oath). 25, Graham Road, Dalston. My father has traded under the name of Lewis for 25 or 30 years in the City of London. I have been employed in a solicitor's office. I was in the employ of the Commercial Advance Company, New Bond-Street, when the affidavit was sworn. Mr. Lissner is the son of my uncle's second wife. Until 12 months ago I had never seen him. I had not seen Mrs. Lissner in my life until at the police court, or had any communication with her. I heard from Lissner that he wanted to take divorce proceedings against his wife. I went with him to Eastbourne on Whit Monday, 1911. He gave me the citations for Mrs.
Lissner and Harry Sinclair to serve upon them. A Mr. Woolf went with me. I first went to Hyde Road, then to 61, Langley Road. Lissner went with me; Woolf stayed at the corner. I got dismissed. Just a few steps from the coor, near the gate, Lissner said, "There they are, there is Sinclair; serve him. He pointed to those people and I served them. They were about a yard from the gate. I first asked if their name was Sinclair. I got no answer. Then I read over the paper to them and handed each of them a paper. They did not refuse them or throw them down, or deny their name was Sinclair. I returned home at the end of the day. I got no payment. I went for the day's holiday really. The people I served were very similar to Sinclair and Mrs. Lissner, but the woman had lighter hair. I have tried to find Lissner. He is not at his place of business. He has sold his business. I have advertised for him. I have never been in any trouble before.
Cross-examined. The whole of the affidavit except the alterations is in my writing. Miss Viness told me that Mr. and Mrs. Sinclair had left her house. She did not say they had gone to Manchester. Lissner appeared to expect to find his wife and Sinclair there. I said at the police court, and still say, that I do not think they were the people I served the papers upon. I served them because the husband said they were the people, and I believed him. They knew they were documents from the Divorce Court. I do not know that it is remarkable they should have expressed no surprise.
Verdict, Guilty. The jury added that they thought prisoner had acted under the strong influence of Lissner.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE MR. JUSTICE BANKES.
(Thursday, June 13.)
JENKINS, John (18, labourer), BENNETT, James (18, labourer), TOMPKINS, Charles (17, porter), and BARKER, Henry (17, labourer) , all unlawfully committing riot; Jenkins and Bennett, feloniously shooting at Harry. Silvester, with intent to murder him.
Mr. Bodkin, Mr. Graham-Campbell, and Mr. Roome prosecuted.
Jenkins and Bennett were first tried on the indictment for felony.
Police-constable HAROLD HAWKINS, 53 H, proved a plan for use in the case.
HARRY SILVESTER , newspaper seller, Squirries Street, Bethnal Green. Of the prisoners I only know Jenkins. On April 20 I was at the Empire Music Hall, Shoreditch; Jenkins was there; he picked a quarrel with me; I said I would not have anything to say to him; he said, "All right, I will get my own back"; I said, "Go away, you are drunk." On April 27 I was at the Empire with my young woman, Kate Wilkins. Wilkins said to me "There are some fellows seem to
be watching you." I turned and saw about a dozen at the bar; I did not know them. Wilkins and I left about 11.15. In Church Street I noticed a lot of lads following us; Jenkins was one. Outside No. 19 they came up and surrounded Mr. One man tried to hit me with what seemed a bar of iron; I tried to hit him back. Jenkins hollowed out, "Shoot, boys." I am almost sure he had something in his hand; there was then nobody between me and him. About five or six shots were fired. I cannot say for sure whether Jenkins fired at me. The girl Wilkins had become frightened, and had left me. I fell down and lost consciousness for a time; when I got up all the men had disappeared. On that night I had no pistol with me or any glass or any weapon.
Cross-examined by Jenkins. It is not true that I was with a lot of my own "boys." or the Abbey Street "boys."
To Bennett. I have never seen you before.
JOHN CLARK . On April 27 I was in the Empire with Craig. I do not know Silvester. I saw Bennett with other men; I did not see Jenkins. On leaving I went down Church Street; there were a lot of lads and girls going down there; I saw Jenkins there. I heard revolver shots.
To Bennett. I did not see you.
Detective JOHN STEVENS , H Division. On April 27, about 11.20 p.m., I was in Church Street, When I saw a lot of lads together; there seemed to be a general street fight going on. Outside Nos. 19 and 20 there were about 20 lads, apparently trying to get at someone in the centre of the group. As I was walking hurriedly towards them I heard five revolver shots, and the men broke away. I then saw Silvester fall. Seven of the men ran down Charles Street; I think one of the men (I cannot say which) had a revolver in his hand; Barker and Tompkins were two of the seven. I heard five shots in all. I followed the seven men down several turnings. Eventually I and Police-constable Coleman captured Barker and Tompkins; also a third man, who got away. Behind a fence in Church Street I found this revolver (produced); I should think that three shots had been recently fired from it; I handed it to Mr. Churchill. On April 30 I saw Jenkins detained at the station. Knowing his father, I said to him, "Your father will be surprised when he hears of this." He said, "Yes; I admit I was there; I was there with a straight kid, young Tompkins, and Barker, who you have got in."
Police-constable ARTHUR COLEMAN, 97 H, corroborated the evidence of Stevens.
Detective WILLIAM BROGDEN , H Division. On April 29 I saw Jenkins in Hackney Road, and told him I should arrest him for shooting at Silvester with intent to murder. He said, "Not me, sir. I was in the 'London' with Morrison and Monkey Shaw on Saturday night, and I was also with Bennett. I saw Silvester there. A week last Saturday night I saw him in the "London," and he threatened to punch me in the jaw; not wanting any row I went out of the hall. Going down Church Street I saw Silvester again, with Bennett and a lot more. Silvester said to me, 'Are you following me?' I said, 'I don't know.' With that he took a glass out of his pocket and hit me behind the ear with it; I have the scar now. We then started rowing; some shots were fired, but I had not a revolver; I have never had one. He did have a slight recent scar; I do not think it could have been caused by a hit with a glass.
Sergeant FREDERICK GOODING , H Division. On April 30 I went with other officers to Bennett's house and arrested him. On telling him the charge, he said, "I was at home that night." His mother said, "Yes, I can prove that." Bennett said, "Shut up, mother." On the way to the station he said, "I was at the" London' on Saturday night. Silvester and his mob had glasses and shooters. I did not shoot him, but I know who did it; if you let me out on bail I will tell you who did it; there was only four shots fired. "About 10 a.m. on Sunday, April 28, I examined the walls in Church Street round about No. 21 and found bullet marks; I saw no traces of broken glass on the ground.
Bennett said that the witness was lying in saying that he offered if let out on bail to tell who fired tie shots; he did not think he was going to be locked up.
Prisoner's statements before the magistrate: Jenkins: "I do not want to say anything; Bennett: "About five o'clock on that Saturday afternoon I was in my yard boxing with another chap. We went together to the 'London'; I left with him; we parted outside; after having some supper at a shop opposite I was going home down Church Street; I heard some reports of revolvers. I went straight home; I was in no riot at all."
Mr. Justice Bankes held that there was no evidence against Bennett, and on his Lordship's direction the jury returned a verdict of Not guilty.
Jenkins, called on for his defence, said he did not wish to say anything.
Verdict (Jenkins), Guilty of shooting at Silvester with intent to do him grievous bodily harm.
The four prisoners were then tried upon the indictment for rioting. (The same jury were empanelled, Bennett being first asked if he had any objection, and saying that he had not.)
THOMAS CRAIG , a sawyer's labourer, said that he saw in he Empire Silvester, Jenkins, Bennett, Wilkins, and Barker. In Church Street he saw a gang of about 20 or 25 boys. Barker was there, walking by himself; he was not with the mob when shots were fired.
Detective JOHN STEVENS repeated his evidence, and added: When I arrested Barker he said, "What is this for?" I said, "There have been some shots fired in Church Street, and you must come to the station." He said, "I was there; I did not know they was going to use revolvers." Tompkins said, "I am sorry I was there after that; they have led me into something." At the station I asked Silvester in the presence of Barker and Tompkins whether he recognised the men. He said, "No, I do not know them; I do not know that I have ever seen them before in my life." He declined to charge any of the men, saying that he wanted to go home and have no more to do with it.
The statements before the magistrate of Jenkins and Bennett were repeated. Tompkins said he had nothing to say. Barker said: "After I came out of the 'London' I went through Church Street; I met a boy in. Bethnal Green Road; he asked me to go home with him, and he would sell me a coat; after walking with him a little way he ran away; as I was standing there the officer came up and caught me."
Cross-examined. I saw Bennett at the Empire, but did not speak to him. I was there with Tompkins, Shaw and Morrison; I did not see Barker that night. I had no quarrel with Silvester. (Prisoner adhered to the statement he made to Brogden as to being attacked by Silvester with a glass.)
Bennett and Barker said that they did not want to say anything.
Verdict: Jenkins and Bennett, Guilty; Tompkins and Barker, Not guilty.
Mr. Bodkin informed the Court that this prosecution had been undertaken by the Director of Public Prosecutions because of the serious state of things latterly existing in the East-end of London.
FREDERICK WENSLEY , Chief Inspector at Leman Street, Whitechapel, said that during the last nine months there had been five oases of use of revolvers in this district. The police had the greatest difficulty in obtaining evidence, as various gangs of lads had become a terror to the neighbourhood. Jenkins bore a good reputation generally.
Bennett was the leader of one gang of lads, and had been seen in the streets with a revolver.
Sentences: Bennett, Two years' detention in a Borstal institution; Jenkins was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Thursday, June 13.)
Mr. H. Harvard Pierson prosecuted; Mr. Purcell and Mr. TullyChristie defended.
HENRY WINTER , 96, Clydesdale Road, Ilford, manufacturers' agent. At about 8.30 p.m. on May 22 I was in the neighbourhood of Moorgate Street when something that I drank made me lose all consciousness. I had been drinking slightly. The last I remember was leaving about four friends at Moorgate Street Tube. My memory came back to me when I found myself in bed next morning. I then found my watch and chain (produced) had gone. I remember looking at that watch at 8 p.m. the day before to see the time. Two days later I saw my watch at the police station and identified it. It is worth about £20.
Cross-examined. I do not remember ever seeing the prisoner. It would be highly improbable that I should hand him my watch to take care of. I do not often lose my memory. I remember I took the 10.45 p.m. train home.
Detective WALTER EXELL , City. About 8.30 p.m. on May 22 I was on duty in Moorgate Street when I saw prisoner loitering near the City and South London Railway Station; I kept observation on him. Prosecutor was standing at the corner of Short Street. Prisoner passed and repassed him three times. I was 40 or 50 yards away. Prisoner then spoke to prosecutor, and after speaking a little while they went to gether into Hermann's Restaurant, in London Wall. I noticed prosecutor was wearing a gold watch and chain. Five. minutes afterwards they both came out; prisoner ran away in the direction of Moorfields, looked in the saloon bar of the "Castle" public-house, and went on again. I gave certain instructions to Police-constable Wortley. I then spoke to prosecutor, who was standing at the corner of London Wall and Moorgate Street. I asked him if he had lost anything. He said "No." I said, "Where is your watch and chain?" He said, "He has done me for my watch and chain." I told him to wait there, and went to Police-constable Wortley. Prosecutor appeared to be the worse for drink. Police-constable Wortley made a certain communication to me, in consequence of which we went in a tax-cab in the direction of the "Angel." About 400 yards from the "Angel" we saw a taxi-cab pulling into a side street. In consequence of what the driver told me, I went into the saloon bar of the "Macclesfield" public-house, City Road, where I saw prisoner standing with
three or four other men. I caught hold of prisoner's left arm, and noticed he had watch (produced) in his hand. Police-constable Wortley took the watch from him. I told prisoner I was a police officer, and he must accompany me to Moor Lane Police Station on a charge of stealing the watch and chain. He made no reply. At the police station he gave up the chain, and said the gentleman had given it him to mind, and he was to meet him at the "99" public-house in the morning.
Cross-examined. Prosecutor did not look like a man suffering from loss of memory; he walked quite steadily; I would not say he was hopelessly drunk; he was quite sensible. Prisoner did not shake hands with prosecutor before he left him. I should say prisoner ran at about the rate of six miles an hour. Prisoner seemed greatly surprised when I spoke to him; he made no resistance.
EDWARD NEWSON (prisoner on oath). I am a parse and bag maker At 8.30 p.m. on May 22 I saw prosecutor at the Moorgate Street Tube Station; he was very drunk indeed. We went into Hermann's Restaurant together. I tried to persuade horn to have Bovril, as he was drunk. He refused, and we had three Scotches each. He told me he lived at Ilford. I said, "Why. do not you take that valuable watch and chain off and put it in your pocket?" I knew it was a valuable watch because he had taken it out in the public-house. He then took the watch and chain off, and said, "You mind it for me till to-morrow morning." I said, "Yes." He was a perfect stranger to me; I did not mind obliging him. He asked my name and I gave it him. I put the watch in my pocket and he told me to meet him at the "99" public-house in Moorgate Street at 1 p.m. next day. Six minutes after we entered the public-house I shook hands and left him outside the public-house. I then walked across to another public-house, and had a drink. 1 did not run. I then took a taxi to the "Macclesfield" public-house, where I had a Scotch whiskey. I had been there 20 minutet when the police came. I had the watch in my hand; I was looking to see the time. I explained at the station that it had been given to me to mind.
Cross-examined. Prosecutor spoke to me first; he asked me to have a drink. It is untrue that I passed and repassed prosecutor three times. I refused to tell the police my address because I did not want my wife to be shown up. I usually go home in a taxi-cab. I was not at work that day. I was at work the day before. I earn from 30s. to 35s. a week. I do not usually take taxi-cabs to go from one public-house to another. I did not take a tram because my feet were sere. My feet would not be any more sore in a tramcar then in a taxi-cab.
Nine previous convictions for similar offences were proved.
Sentence: Eighteen months' hard labour.
Mr. Ernest Walsh prosecuted.
DAVID JOHN PRICE , 305, East India Dock Road, motor-bus driver. At 12.45 a.m. on May 15 I was walking with a woman down Duval Street, Commercial Road, when the prisoners came up behind Mr. I was not sober or drunk; I had been drinking. Crawley took me by the throat and gave me several blows as hard as he could on the back of my neck, while Bailey turned out my right-hand side pocket. The woman went into a lodging-house. The police came up and prisoners were arrested. I had £2 13s. 3d. in different pockets; I lost none of it.
Cross-examined by Crawley. I am sure it was you who struck me. When I got out of your hands I went into a lodging-house; a police officer brought me to the police station. He did not tell me to pick out a man with a green handkerchief. I was not drinking with the two police officers before they arrested you.
Cross-examined by Bailey. I do not think I told the inspector at the police station that I did not think you were one of them.
Police-constable WALTER CHINNOCK , 215 S Division. On May 15, at 12.20 a.m., I was standing in a doorway in Duval Street with Police-constable Wilson, when I saw prosecutor, somewhat the worse for drink, walking with a woman. When he was about 10 yards from me prisoners, in company with four or five other men, surrounded him. Crawley caught hold of prosecutor and deal him several blows on the right side of the face with his fist. Bailey put his hand in prisoner's right-hand pocket. I ran up and arrested Crawley, when he was on prosecutor's back. I knew him before. He was very violent and struck me; it took four officers to get him to the station. When charged Crawley said, "All right, you are waxing it up nicely for me." As I arrested Crawley, Bailey ran away to a lodging-house, but was arrested by Wilson. He was also violent. Both prisoners had been drinking.
To Crawley. I did not knock you down.
Police-constable WILLIAM WILSON , 440 H Division, corroborated Bailey ran a few yards away to a lodging-house, but I arrested him there and then. At the station he said, "I suppose I shall have to give in to you. You have backed a winner."
To Bailey. I ran after you for 30 yards. I did not see you having a fight down the road. Your nose was cut when you got to the station; I do not know how that happened. When I arrested you said, "What are you locking me up for? You did not say, "You ought to lock up those two men down there for knocking me about." When I arrested you were going into the lodging-house.
my chest and blew his whistle. Another constable came up and struck me in the mouth, breaking my teeth. I said, "What is this for?" He said, "Come and I will rail you. "I was then taken to the police station and kept in the dock for three-quarters of an hour with my face bleeding. He then said, "You are charged with robbing this man." I said, "I do not know the man. He said, "Weil, you are charged with trying to rob him if you did not rob him." I did not see prosecutor at all.
'Cross-examined. The police officer told Price to pick out a man with a green handkerchief on. I had a green handkerchief on. I did not tell this story to the magistrate 'because I had no time.
CHARLES BAILEY (prisoner, on oath). On the night in question I was in Duval Street, when I happened to knock up against some man who was a perfect stranger to me. I had had a few drinks and I said a few words to him, and we got fighting. together. Another man then came up and started punching me, gave me two black eyes, and injured my nose. I ran away. I surmise the constable, seeing me running away, arrested me as being concerned with these men. I said to Police-constable Wilson, "What are you locking me up fort You ought to lock-up those men who have been assaulting me." He chucked me to the floor. I may have been violent. When I got to the police station the divisional surgeon put two stitches in my nose, which was fractured. I do not know Crawley at all. I think the police have made a great mistake. I am a respectable man; I work in the docks when I can, and when there is no work there I work as a shoeblack in Commercial road.
Cross-examined. I was once fined 5s. for being drunk. I did not say to the officer, "You have backed a winner"; the constables did not assault me at all.
Police-constable WILSON, recalled. Bailey did not have two black eyes. His nose was cut, and he was attended by the divisional surgeon. The police did not hit him at all.
Verdict, Crawley Guilty; Bailey, Not guilty.
Crawley confessed to having been convicted at this court on June 22, 1909, receiving two years' hard labour for robbery and assault, after eight previous convictions. He was stated to be a very dangerous man.
Sentence (Crawley): Three years' penal servitude.
A further indictment against Crawley for assaulting Chinnock was not proceeded with.
Mr. Thomas Landers prosecuted; Mr. Purcell and Mr. Tully-Christie defended Baynard.
SAMUEL BARON , 69, St. George's Street, hairdresser. On May 24, at about 12.30 p.m., I was coming down Commercial Road into Cable Street, when four men sprang upon me and surrounded me. A man not in custody struck me on the back of my head so violently that I still feel the pain from it. Holland took me by the throat, while
Baynard got hold of my watch chain and tried to rifle my pockets. I was stunned for the minute, and then they all suddenly left me because people began to come up. I blew a whistle and the police brought the prisoners back; I at once recognised them. They were taken to the police station and charged.
Cross-examined. I had been five years in London; I can speak very little English. I have known Baynard a few weeks. He has come two or three times to my shop. Near me a rival barber has put up a shop; I do not know whether Baynard and some of his friends have patronised the rival barber. When I meet him I do not say unkind things to him; I have never said to him, "I will give you a lesson for taking my customers away." This happened at midday in a busy thoroughfare. I have seen a Mr. Bluston once; I did not see him when this assault occurred. He told me to leave the boys alone because Baynard's father was a particular friend of his. It is not true that the prisoners were on one side of the road and I on the other and that we never met. I was not abusing them. (To the Judge.) Holland is also one of my customers; I have not seen him go into the rival barber's.
Re-examined. The assault took place in the middle of the road. Once one of the prisoners, with some other young men, came in and asked for a hair cut and a shave on credit. I refused. They began to kick the door and I had to threaten to send for a policeman to make them go away.
SAMUEL WOLFF , 43, Bowen Street, Whitechapel. I am 14 years old. On May 24, at about midday, I was at the corner of Cannon Street Road, when I saw the prisoners and two other boys surround prosecutor. Holland took him by the neck; Baynard put his hands in Baron's pockets. He did not do anything else. Prosecutor screamed and all four ran away into Commercial Road. I ran after them. A detective brought back the two prisoners.
Cross-examined. The four boys surrounded prosecutor on the pavement; it would not be right to say they surrounded him in the middle of the road. Before the assault the boys and prosecutor were on opposite sides of the road. They were not shouting at one another. The boys crossed over to attack prosecutor. One of them took hold of prosecutor's chain; that was neither of the prisoners. Annie Waxman is a friend of my sister; she was not there.
Holland, when asked if he had any questions to ask the witness, replied, "It is all lies; that is all I can say."
Detective DAVID CHRISTOPHER . On May 24, at about midday, I was in Commercial Road, when I saw the two prisoners and another man running from Cannon Street Road towards me. On seeing me they started walking towards Aldgate. In consequence of what a little boy told me I got on a tram, overtook the prisoners, and caught hold of them. I told them I was a police officer and should take them back. Baynard said, "What for? You have made a bloomer, we never got it." Holland said, "This is only because we were running. "I took them back to prosecutor, who immediatelv said, "That is the two men that tried to rob me." He was bleeding from the
mouth. At the police station, when Wolff was telling the inspector what he had seen, Holland said, "He never came along until afterwards."
PHILIP BAYNARD (prisoner, on oath). I live at 39, Denmark Street, St. George's-in-the-East, and am a tailor. I work with my father, who is a tailor, and with Mr. Elusion. I have known prosecutor for twelve months; and have been a customer of his for six months. Five weeks ago he refused me credit, so I went to a rival barber. Since then he has said, "I will give it you for going to a new barber," and has called us thieves, and names I should not like to repeat. On May 24 I was walking with some friends down Cannon Street Road, when we saw him on the opposite side of the road. He was looking at us; we said, "What are you looking at us for." He then began to insult us. He then blew his whistle, and as there were a lot of people about we trotted away. When we got into Commercial Road we were arrested. We never touched him at all; we were never on the same side of the road.
Cross-examined. My idea is that prosecutor has bribed the boy Wolff to say what he has. Prosecutor once threatened to cut my throat. Bluston was standing outside his shop and saw it all.
SAMUEL BLUSTON , 45, Cannon Street Road, trimming dealer. On May 24 at about 12.30 p.m. I was standing at the door of my shop, when I saw four "boys, two of whom are the prisoners, walking along on my side of the road; prosecutor came down the opposite side" of the road. The two parties began calling out to one another. Prosecutor came across the road towards me, took out his whistle and started blowing it. The boys then went up Cable Street with prosecutor after them. The boys never touched prosecutor; they were on the opposite sides of the road. (To the Judge.) I have been 12 or 14 years in this country; I have had my shop for six years.
Cross-examined. Detective Christopher took a statement from me. I told him the same story as I have told now. I did not tell him that I was afraid to give evidence.
(Friday, June 14.)
Mr. Landers proposed to recall Defective Christopher with regard to Certain statements which Solomon Goldwater made to him.
The Recorder. I do not think you can do that now; if necessary you can prosecute him for perjury.
DENIS HOLLAND (prisoner, not on oath). The words that the detective says is lies, that is all I can say. All the words that were said were: I says to him, "What have you got us for?" He said, "Come back to Planet Street; I do not know what is the matter. "That is all the words tins detective said to us.
Verdict (both), Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, June 13.)
Verdict, Not guilty.
Mr. Huntly Jenkins prosecuted; Mr. Valetta defended.
HARRY AARONSON , diamond merchant. I live and do business in Manchester. On the morning of May 1 I arrived from Antwerp and went to Tollard's Hotel, Southampton Row, from Liverpool Street; that is my usual custom. I then go to Hatton Garden. About 9.25 a.m. I left the hotel for that purpose, having in my right inside breast-pocket this wallet, containing diamonds and coloured stones to the value of about £3,500. At the corner of Holborn I got on the footboard of an omnibus, when I saw prisoner facing me by the door with his hands holding the sides. I was being pushed behind by, as far as I could tell, about three men. I said to prisoner, "Why don't you go inside and let me go in," and he said, "I don't want to go inside; I want to go outside. "Feeling a push I said the same thing to prisoner, and he replied in the same way. I said, "What are you up to?" I felt at the moment my wallet coming out of my pocket; I was not able to move as I was pushed in the corner. I did not see the hand going in but I saw prisoner's hand containing the wallet coming out of my pocket. He jumped off. I shouted, "I have been robbed," and tried to get off, but I was prevented by the men who had been pushing me. Prisoner walked quickly towards the City. After I began to shout the other men ran away and I was able to follow him; prisoner was now about seven yards away. I ran after him and saw him hand the wallet to another man, who ran away. I followed this man. He tried to cross the road but he was stopped by the traffic. Prisoner, who followed me, knocked me in my back with his body and I fell in the gutter. He held me down. Whilst on the ground I saw the other man throw the wallet down in the road as he could not cross; I was then about 10 yards from it. Prisoner got up and ran and picked it; he had
been lying on the top of me. I run after him and I followed him running eastwards with the wallet in his hand. Somebody confronted him and he turned back towards me. I snatched the wallet from his hand. He said, "Here is your b wallet," and in Yiddish he said, "Go away. You have got your stuff; let me go"; this was just before the police arrived. We were surrounded by a crowd. I think I have seen him in Hat ton Garden before. When I was remonstrating with him on the bus he tried to hide his face by turning his head sideways.
Cross-examined. I did not see him get on the bus before me; there were about eight or ten men round the bus, all crushing to get in. This was at the usual stopping place at the corner of Kingsway, I am quite certain prisoner is the man I saw on the 'bus. When he handed the wallet to somebody else I had got past the bonnet of the 'bus. I lost sight of him when my eye was on the other man. When I was chasing the other man prisoner kept in my way in front of me. The man threw the wallet down near a bus going westwards. Prisoner when running towards the City, after having picked the wallet up, did not get very far; he was confronted by two men. When the policeman came I believe I told him that prisoner was the man who had robbed me; I was very excited. I said, "This is the man who knocked me down" I may have said both; I said a lot of things. After prisoner explained to the policeman the policeman asked him for his name and address. I did not listen to what prisoner said. I cannot say whether this was before I said prisoner had robbed me of my wallet and knocked me down, because for the moment I could not speak. I did not say to prisoner, "I believe you are one of the confederates. "I did not hear anybody say that he was not the man. Prisoner deliberately knocked me down. I was excited but not confused.
GEORGE THOMAS JARVIS , porter, 43, Mitford Road, Holloway. At about 9.30 a.m., on May 1, I was in Holborn, near the Inns of Court Hotel, when I saw just opposite there prisoner and prosecutor struggling on the pavement, the prosecutor was underneath and prisoner seemed to be holding him down. I saw a man running; he threw a wallet in the centre of the road to about 10 yards from where the men were struggling. Prisoner got up, walked to the wallet, and picked it up. He then tried to make his way Cityward; he was walking away from prosecutor. I held him with Evans until a constable arrived. Prosecutor came up while were doing this and took the wallet from him. Prisoner said, "Take yer bwallet. It is quite a mistake."
Cross-examined. Prisoner seemed to hold prosecutor down by lying on top of him; his weight prevented prosecutor getting up. It was not the bus driver who picked the wallet up; I swear it was prisgaer. Prisoner walked about two steps Citywards when I stopped him; I believed he was making towards the City. I did not say at the police court, "I gripped him before he had any chance of making any step at all," if I did it was a mistake. I did not hear him say anything in any foreign tongue to the prosecutor. He was bleeding at the chin.
CHARLES EVANS , caretaker and electrician. About 9.30 p.m. on May 1 I was following the last witness by a bus near the Inns of Court Hotel, when I saw prosecutor on top of prisoner, as if they were struggling for something. Prisoner got up and went towards the middle of the road, picked up a wallet, and went to make off with it. Jarvis caught hold of his arm and I got hold of the other arm. He had the wallet in his hand. Prosecutor came and prisoner handed it to him, saying, "There's your b—wallet. Take it. It is quite a mistake. "A policeman came up, but I did not hear what was said.
"Cross-examined. When he picked the wallet up he went City way. If I said at Bow Street "After he picked it up he started to run away with it, going towards Southampton Row," it was a mistake. I heard prisoner offer to go to the police station. I did not hear what prosecutor said to the policeman.
Re-examined. When we stopped him he turned round West way and was confronted by the prosecutor.
Police-sergeant JOHN BROWNING , E Division. About 9.30 a.m. on May 11 was on duty near the Inns of Court Hotel when I saw prosecutor standing in front of prisoner, who had Jarvis and Evans standing close to him on each side. Prosecutor said, "This is the man who knocked me down. "Prisoner said, "This is where he hit me," and pointed to his mouth. Prosecutor, who was exhausted, afterwards said he had been robbed of diamonds by prisoner, and he showed me a wallet which he produced from his pocket. Prisoner said, "I picked the case up. The man who stole it has run away. "I took him to the station. When charged he made no reply. On being searched, 6 1/2 d., a watch and chain, a pocket knife, and in his hip pocket, a cap, were found.
Cross-examined. I took his name and address when prosecutor told me first that he had knocked him down. I found it to be correct. The cap is an ordinary cloth cap. His lip was bleeding. He offered to come to the station after he was charged with the robbery.
GEORGE WINDRED (prisoner, on oath). Bookmaker and commission agent, Marchmont-Street, Russell Square. On this morning I was going with my father to Liverpool Street to go to Newmarket. We went to a coffee shop in Theobald's Road kept by a Mr. Wilmore, and had breakfast. Wilmore and I went to Holborn through Red Lion Square. On arriving at the corner of Dane Street and Holborn I saw a crowd of people, and I went over to see what was the matter. I saw prosecutor just in front of me running, he had no hat' on, and he was making a noise. I ran, too. He tripped, and I fell over him; it was a pure accident. I was not on a 'bus at all that morning, and I know nothing about a wallet. I got up as quickly as I could, and I went to get my umbrella which had fallen two or three yards in front of me. I knocked my chin, and it started to bleed. By my umbrella there was a wallet. I went to pick it up, but someone, else did so, and gave it to me. I told him it was not mine. Prosecutor took it out of my
hand. I never moved an inch. I did not speak to prosecutor in Yiddish; I do not know the language. A policeman came up, and prosecutor told him that I was the man who had knocked him down.
Cross-examined. I make a hook in the street. I was going to Newmarket to hack horses for another person. It is true I had only 6 1/2 d. on me, hut I was going to meet somebody at Liverpool Street. I had a watch and chain on me, and I have at my rooms some very smart clothes. I have lived in Johannesburg—where there are a lot of Jews—a good deal, but I do not know Yiddish; I have not been friendly with a good number of them. My father knew ten minutes after I was arrested. I had to meet my friend at 10 a.m., but I cannot say the train I was going to catch; they run every half-hour. I did not see the wallet or know anything about it until I had picked up my umbrella. No one ever had hold of me. I was hardly a second on top of the prosecutor. I concluded the wallet belonged to him because he had bis hat off, and was so excited. I did not say to him, "Here is your b—wallet. Let me go. It is a mistake"; the four witnesses must have heard somebody else in the crowd say that. I did not apologise to him for knocking him down, nor ask him whether he was hurt, it is true that it was never suggested at the Police Court that somebody else picked up the wallet. I said to the policeman. "This is where I hit myself when I fell over the man"; he misunderstood me. If I said to the officer that I picked up the wallet, it would be untrue; I really cannot say what I did say to him. I did not say to him, "The man who stole it lias run away."
ARTHUR WILMORE , coffee house keeper, 94, Theobald's Road, I have been there 17 years. I know prisoner as a customer. About 9.30 a.m. on May 1 he came and had breakfast. We left together, as I was going to a shop in Holborn. We went through Red Lion Square, and at the corner of Dane Street and Holborn I noticed a slight commotion. Prisoner went towards it. I turned to the right, and heard no more.
Cross-examined. I never saw anything at all.
HENRY ARTHUR MIDDLETON , motor-bus driver in the employ of the National Motor-bus Company, 45, Musohamp Road, Dulwich. On May 1 I was driving my motor-bus, going City-wards. There is a mirror suspended over my right eye by which I can see people getting in and out of the 'bus. At the corner of Southampton Row there was a small crowd of foreigners, and they all got on the back of the 'bus. I looked into the mirror, and could see clearly who was standing in the doorway. It was not the prisoner; it was a stouter man, wearing a light coat. I was not moving. I saw prosecutor on the side of the kerb, but I did not see him get on the 'bus; he was an intending passengter.
(Friday, June 14.)
HENRY ARTHUR MIDDLETON (recalled, further examined). I saw in the mirror of my omnibus that I was driving a man who was not the prisoner. He was wearing a light overcoat, and was a stouter man than he is. I did not see the prosecutor get off the omnibus. When
I first saw him he was passing the near side of the bus, coming towards the front. I saw a man running away with something in his hand on the near side of the bus, prosecutor after him. Prisoner was about a yard behind prosecutor, following directly, both apparently pursuing the man who was running away with the wallet. I saw prosecutor and prisoner fall down; prisoner did not knock prosecutor down from behind; prosecutor apparently stumbled and prisoner fell over him. Prosecutor was not kept down on the ground; they both scrambled to their feet. I saw that prisoner had cut his lip and put his hand to it. The man who was running away was still a dozen yards in front of prisoner and prosecutor. The driver of a bus coming in the other direction shouted at the man running, who threw the wallet away or dropped it. Prosecutor and prisoner, having got up, ran to where the wallet was lying. The driver of the other 'bus got off his seat and ran and picked up the wallet, which either prisoner or prosecutor took from him. I then drove on. I was sent by my employers to prisoner's solicitor, autl I attend here on subpoena. I do not know the prisoner.
Cross-examined. A statement was taken from be by the solicitor. I have not seen prisoner from that day till I saw him in this court. When I saw the man with a light overcoat on my bus was moving on; he was standing at the corner of Southampton Row. I did not see the robbery take place. I have no idea who did it. Prosecutor stumbled and prisoner fell over him. I next noticed prisoner put his hand to his mouth; that made me notice his face. I did not see the wallet in the prisoner's hand. I made no attempt to stop anybody. The man that had the wallet was a heavier built man than the prisoner, wearing a light overcoat. I did not see his face. The description of him as a man about 40, about 5 ft. 9 in., fresh complexion, fair moustache, dark overcoat, black hard felt hat, collar and tie, would not be correct.
Re-examined. The mirror a bus driver looks at when a bus is at standstill is to see what is going on. Prisoner did not dash after the wallet; he hurried towards it; prosecutor and prisoner both got there almost at the same time. There was a considerable crowd there. I could not say whether the prisoner got hold of the wallet. I live at Dulwich. I do not know the other bus driver who is coming to give evidence.
THOMAS GILLETT , 16, Norfolk Street, Mile End, bus driver, London General Omnibus Company. On the morning of May 1 I was driving a motor-bus, Service 25, westwards from the City. About 9.30 I was near the "Inns of Court Hotel." I heard a shout "Stop him!" and saw a man going along on my off side. I shouted at him, and he threw the wallet down by the side of my bus. He then went towards the back of my 'bus, and I saw no more of him. I next saw the' owner of the wallet make 'his way from the off side, followed by prisoner. Prosecutor stumbled and prisoner fell over him. They were then four or five yards from my bus. I should not say that prisoner knocked prosecutor down. I stopped my bus and got off to get the wallet. I picked it up. Prisoner was nearest to me then; prosecutor was a yard behind him, I should say. I handed the wallet to prisoner, who said, "It's not
mine." He gave it to the owner. Prisoner made no attempt to move away while I was there. My employers sent me to prisoner's solicitor to make a statement. I attend on subpoena. I never saw prisoner before this occurrence. I only know the last witness by passing him in the street.
Cross-examined. When prosecutor and prisoner fell, one did not exactly lie on the top of the other; they were lying almost side by side. I did not hear prisoner say, "Here is your b—wallet; he said, "It's not mine," as it went from my hand to his. There was a certain amount of confusion by this time. I did not hear what was said to the police officer. I got on my car and went away. I should think it was four minutes before the police came up. Prosecutor was choked; he could hardly speak. I did not hear what took place between him and prosecutor.
Re-examined. Prosecutor got has wallet back; the police came up, and I went about my business.
Detective HENRY WILLIAM STAPLETON , Leicestershire Constabulary. On June 10, 1911, prisoner. was convicted at Leicester Assizes and sentenced to six months' hard labour for larceny from the person. There are other convictions against him in Johannesburg, which were not denied by him, for keeping a gambling house, gambling, obstructing the police, and for an offence contrary to Article IV. of the Order of 1905 he had one month, pending deportation.
Inspector WILLIAM GOUOH , E Division. When prisoner was in custody at Johannesburg a list of convictions recorded against him in Australia was sent there, and they were accepted by the Johannesburg police and proved against him when these other convictions were taken into consideration, but since prisoner has been on remand here he denies the convictions, and as we have no real proof of the convictions I do not propose to in any way prove them. I know he has been in Australia. From my own experience he is a member of a most dangerous gang, that move above seven or eight strong, and they do not stop at violence when they meet anyone like the prosecutor in this case. The last time I saw prisoner was on Easter Monday at Hampton Court; he was then in the company of a Colonial thief, and they were waiting their opportunity for the rush to the tramcars. I kept a little observation on him but lost him. I have seen him constantly in the company of notorious convicts, and men who solely get their living by crime, and I can say unhesitatingly that since he has been in England from Johannesburg he has devoted the whole of his time to crime. He has been here about four years.
Sentence: Four years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, June 13.)
Mr. Comyns Carr prosecuted; Mr. Warburton defended.
CHARLES STEWART , 61, Gurney Street, Walworth, stage manager. On the afternoon of May 25 I was coming home from work with my friend Munro. I had had about three drinks. I was not perfectly sober. I knew what I was doing. We went into the "Prince Albert" public-house. Six or seven men were at the bar. Prisoners are two of them. No conversation took place at the bar that I am aware of. I called for a drink for my friend and myself. After we had that I called for another, and they would not serve me because prisoners were hustling me. We went outside. I was hustled at the door going out. These prisoners put my two hands over my head and somebody else went through my pockets. They took 15s. I should say, half a sovereign and some silver. I was standing, but they let me go. I got a slight wound on the forehead which the doctor dressed at the police station. Cross-examined. I left the scenery stores at Hammersmith about 1.15. The robbery took place at 6. The public-house is about a minute from my house. I had been in three other houses. I could not say how many drinks I had in the three. I did not have lunch as I was Saturday. The friend with me is an actor. He had not been to these various houses with me. I met him as I was coming home. I do not say I was exceedingly intoxicated. There were a good many men in this public-house. I do not remember offering them drinks. I remember quite distinctly that a man did not say as I was going in there," Hullo, old man, had a fall?" I did not say to him, "That's right, old man. "I did not put out my hand to shake hands. I did not then put a coin on the counter and ask for drink. I do not remember him speaking to me at all. When I got up from the ground I said to Munro," My pocket is picked. "I did, not see Bray come back with a newspaper. The other men divided in different directions; these two stood their ground. They were about 100 yards from the public-house when they were arrested. They stopped for the policeman to catch them up. I heard them say they were willing to go to the station.
ALEXANDER MUNRO , 12, Tower Road, Upper Norwood. On May 25, in the afternoon, I was with prosecutor. We visited one or two public-houses, and eventually the "Prince Albert." I should not have considered prosecutor drunk, otherwise I should not have gone into the public-house with him. A number of men were there, including prisoners. Prisoners accosted us in the bar in a flippant style; my friend was also flippant. Eventually he asked them to have a drink, pulling half a sovereign out from his pocket. I heard one man say, "Don't do it." Another said, "I am going to take the chance. "The landlord then refused to serve any of the men in the bar. We turned to go out. There was a violent scuffle. I was pushed back on one
side of the door. My friend was dragged through the door. When I got to the door he said, "They have got my money. "The men scampered in every direction. These two men were the only ones outside in the street. I saw prosecutor hustled. They rifled his pockets in the bar, I think.
Cross-examined. I was quite sober. I had three drinks of beer in the three houses I had been in. I think the excitement caused prosecutor to get drunk. I understood he was charged with being drunk and disorderly, or drunk and incapable, and had to pay the doctor's fee. The landlord refused to serve anybody on the premises, and cleared the house.
Police-constable W. GIRT, 70 L. About 6 p.m. on May 25 I was in Walworth Road, opposite Larkin Street. I saw a large crowd at the top of Larkin Street, and went to ascertain the nature of it. I was with another police-constable. Prosecutor said he had been robbed of half a sovereign at the "Prince Albert. He pointed to prisoners, who were about 100 yards off, as the men who took the money from him. When I got up to Bray he said, "I know nothing about the money; I never had it." I told him he would have to come to the station, where he was charged. When the charge was read over he made no reply. When I searched him I found 6d. in silver and 3d. in bronze.
Police-constable FRED STONE , 46 LR. I was in company with last witness. I saw a crowd, ascertained what it was, and saw prosecutor and two prisoners a little distance away. I arrested Moore. He said, on the way to the station, "They have made a mistake. "After 'he was charged he turned round to Munro and said, "You f—g b—, I will make it hot when I get out."
RICHARD MOORE (prisoner, on oath.) Just before 6 on Saturday night I was hawking through Walworth Road. I said to Bray, "Take your apron off; I am finished over here." We then went into the "Prince Albert," and called for two ales. I heard a boy calling out papers. I said, "Get me a half-penny 'Star' While he was gone prosecutor came in speechless drunk, with gravel rash over his eye. I was standing back against the door, like that. I said, "Old chap, had a fall?" He said, "That's all right, old man," and put his hand up. He said, "Have a drink?" I said, "I don't mind." He went to the counter, and they refused to serve him and his friend. He put a coin on the counter. He came back to me, about eight or nine feet back, and said, "Where's my half-sovereign?" I said, "I don't know nothing about your half-sovereign; you had better ask those people you have been with up at the counter. "As Bray come in with the paper they rushed out. We stayed outside the door, me and Bray. The other men looked a different class of men to us I should think for us to be with, but anyhow, he said, "I want my money. I said, "If you don't go out of the way there will be something the matter." I walked along quite 100 yards. Prosecutor is standing silly drunk, can
hardly walk. There is his friend gone to get a policeman. Being an athlete I could have gone miles away. I said to Bray, "Stop here, we have done nothing to be afraid of." I said to Police-constable Girt, "We are willing to go to the station," and when we get to the station prosecutor is put in the charge room; his friend has gone out to see if he can get somebody to corroborate his story. When he come back he could not. When we go into the charge room we find prosecutor is locked up for being drunk.
Cross-examined. I do not know what the sudden rush for the door was for. I guessed there was something when he said he had lost half a sovereign. We did not rush to the door. This man had just come back with the paper; I was standing by the bar. I was perfectly sober. I did not know any of the other men. I did not speak to any of them. It was not my place to assist prosecutor; I do not interfere with anybody's business. I did not see much of a tussle. It did not concern me. I was out getting my living, which I have receipts to prove what I bought that day. I was apart from the others at the back end of the bar. I could not tell what they were saying. I did not hear, "I will risk it." I have known Bray for 15 months; he has been working for me. I hawk linoleum.
Police-constable FRED STONE recalled. Prosecutor was charged with being drunk and incapable. He collapsed after he got to the station. He seemed perfectly sensible before that. He was brought up on the Monday, and had to pay the doctor's fee.
Verdict, Not Guilty.
BEFORE MR. JUSTICE BORUTTON.
(Friday, June 14.)
Sentences: Badley, Three years' penal servitude; Harvey, Twelve months' hard labour.
BEFORE MR. JUSTICE BANKES.
(Friday, June 14.)
Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. Marshall Hall, K. C., M. P., Mr. Philip B. Petrides, and Mr. A. R. Vincent Dimmer defended.
Mr. Marshall Hall said that, acting upon his advice, prisoner would plead guilty to the Charge of manslaughter.
Mr. Justice Bankes said he agreed that this was not a case where the jury could properly be expected to find a verdict of wilful murder, having regard to the evidence.
A formal verdict of guilty of manslaughter was returned.
It was stated that prisoner, living on the immoral earnings of Balsdon, had occupied with her a fiat at Lisson Grove, N. On the night of the tragedy movements were heard by a man in the flat above, and two screams, and next day Balsdon was found dead in bed. Prisoner disappeared, and was discovered in Paris. A post-mortem examination of the woman's body showed that there were ten marks on the throat, some of which could not have been self-inflicted, and the doctors found that she had 'been throttled. Death was not, however, due to asphyxia, because the woman was in the condition known as status lymphaticus, which was commonly associated with such great weakness of the heart that death ensued, in some cases from a very slight shock. The view which the prosecution took was that an unlawful act of assault was being inflicted on the woman, and she died.
Detective-inspector McPherson said that on one occasion after a theft accused fled to Russia.
Mr. Marshall Hall said that prisoner was a man of little or no mental calibre. As a boy he was abnormal, and his father had to remove him from several schools at the request of the masters. He met Balsdon, who became infatuated with him and intensely jealous of him, and he was also much attached to her. They started life together at the flat where the woman died. Although he was, in fact, married, he was anxious that she should give up. the life she was leading, and he had arranged to marry her and start life afresh in a tobacconist's business. Late on the night of February 27, there was a dispute between them, Balsdon accusing him of familiarity with a girl living in the flat above, and she said she would leave the flat. She was dressing, preparatory to leaving, and prisoner, in the endeavour to prevent her, caught her by the shoulder and the throat. She gave two screams, and fell 'back dead. Prisoner absolutely denied that he intended to kill the woman, or even to do her harm.
Sentence: Nine months imprisonment, second division.
Mr. Warburton prosecuted.
MARY ANN SHAW , flower-seller, 17, Burman Street, Southwark. On the evening of May 27 I went to the "Flower of the Forest" public-house with my mother. She, with my child, stayed outside while I went in and called for two drinks. While I was doing so, prisoner spat in my face. I went outside and gave my mother the beer. He came out and struck me in the left side twice with a knife; I did not actually see the knife.; I only felt it. My clothes and skin were pierced. He ran to the corner and threw the knife away. He came back again, rushed to my mother and they both fell. I was taken in a taxi-to the hospital.
Cross-examined by prisoner. I never noticed you until you spa. in ray face. I did not see you before this on that day at all. (To the Court.) I had I lived with him 16 months and had hid a baby by him. We had parted a fortnight before this; he left me because I went to live with my mother. We had been turned out of our place because of his quarrelling and rowing.
THOMAS THUBNOW FIREMAN , 140, Blackfriars Road. On May 27 I was in the "Flower of the Forest," when the prosecutrix came in. She asked for two glasses of beer, and while she was taking them outside the prisoner spat in her face; he had followed ther into the 'bar. He produced this shoemaker's knife (produced) and struck her twice with it in the left side. She said, "On, mother, he has been and stabbed me!" I struck him, but not hard enough co knock him down. He got away and threw the knife over the wall into a passage by the side of the Surrey Theatre. One of the witnesses picked it up. He went to the fireman of the Surrey Theatre and said, "You are a witness to this. You see this woman has got the knife, and I did not do it ". He and the fireman work together.
To prisoner. I did not tell the magistrate that I had not seen the stabbing; and that I had only heard about it.
EMILY EASMAN , 12, Queen's Place, Great Suffolk Street. I saw prisoner run out of the "Flower of the Forest" public-house and strike his wife about two or three times; I thought he was punching her. I then saw something shining in his hand. I said, "You beast—you have used a weapon," and he told me to mind my own business. He ran by the side of the public house and he threw some-thing over the wall into a passage. I went there through the saloon bar and picked up this knife (produced), which I handed to the police. (To the Court.) I did not take sufficient notice of him to see whether he was drunk or not.
Police-sergeant ARTHUR LAMPARD , L Division. On May 27 I was near the "Flower of the Forest" public-house, when I heard screaming from outside there. I rushed up and prosecutrix said to me," He (referring to prisoner) has just stabbed me twice with a knife ". I asked prisoner whether he had heard what the woman had said and he made no reply. Easman then came up, handed me this knife, and said, "This is the knife he did it with. "It was practically new. I took him to. the station and on the way he said, "She has bought this knife to do me in." 'When charged he made no reply.
MARY ANN DAGOS , laundress, 17, Vernon Street, (London Lane, S. I am the mother of. prosecutrix. On the night this occurred I went with her to the "Flower of the Forest" public-house. She went in for two glasses of ale, while I stood outside with her baby in my arms. She brought out the beer and prisoner followed, and, as I thought, punched her; I never saw a knife. She said, "Oh, mother, he has stabbed me!" I went for him and he knocked me down. My daughter was taken to the hospital in a taxi.
To prisoner. Yon must have been in there when she went in. because she came and told me that you had spat in her face. I myself never went in the house at all.
HENRY CUTHBERT BAGETT , casualty officer, St. James's Hospital. On May 27 I examined prosecutrix, who was admitted. She had two small wounds on the left side, just below the 1lbs., about a quarter of an inch deep; her clothes, three or four garments, were penetrated. They could be caused by a knife like this (produced); a fair amount of force would have to be used. If they had. gone deeper they would have been serious. I stitched them up and sent her home.
JOHN BENJAMIN LUKER , fireman. Between 9.30 and 10 p.m. on May 27 I was coming from the stage door of the theatre, next to the "Flower of the Forest" public-house, when I saw a mob of people round there; I was about eight yards from them. I then saw prisoner and two women; prisoner was on the floor being kicked; I put him on his feet and he was arrested. I never saw him use a knife.
ALFRED DAVIS (prisoner, not on oath). The mother and daughter attacked me, and knocked me down. I fell on my head, and I do not remember anything more until the fireman picked me up. About two months ago they hit me on the head with a bar of iron, and I still bear the marks. I cannot got out with flowers without her or her mother tearing them up. She spat in my face on this night, and she went out and told her mother that I had spat in hers. The mother then came in and threw a "pony" of bitter over me, and said, "We have been waiting for you, Davis; we mean to do you some harm and see you get into trouble," and then they knocked me down. I have been leading a dreadful life with these women.
At the conclusion of the summing-up, prosecutrix, recalled by the jury, stated that when she lived with prisoner he was a scene shifter, and at the time of the assault she wag wearing corsets, which were pierced by the knife.
Verdict, Guilty of unlawful wounding.
Prisoner had for five years been in employment as a stage hand, but for the last eight months had become addicted to drink, and last August he had struck prosecutrix with an iron bar.
Sentence: Nine months hard labour.
BEFORE THE RECORDER.
(Friday, June 14.)
Mr. Arthur H. Forbes prosecuted.
Prisoner was tried on the indictment for stealing two blankets.
came, and the rent was increased to 7s. On May 23, as he owed me rent, I put the chain up on the front door and prevented his entering. On Saturday, May 25, he got in and went to the door of his room, which I had locked; I followed him up; he asked for the key; I said he could not have it unless he paid his rent. I said, "Where are the blankets that you have taken off the bed? He said he had taken them to a little laundry at Willesden Lane. I sent for a policeman and gave him into custody for stealing them. I had allowed his wife to remain in the house; in consequence of a statement she made I had examined the bed and found the blankets gone.
Cross-examined by prisoner. You had only paid two weeks' rent. You supplied cooking utensils, towels, stove, frying-pan, and other things, which I have retained as security for the rent owing—28s.
GEORGE ALEXANDER (prisoner, not on oath) stated that he had been expecting remittances, and that being short of money he had pawned the two blankets (together with two towels of his own) without intending to steal them; he had left a stove and numerous other articles (worth about £4) in the room.
Verdict, Not guilty.
Prisoner was then tried for attempting to obtain by false pretences from James Davis Stettaford £7 5s. 6d., with intent to defraud.
Evidence was given by the manager of Farrow's Bank that prisoner had on April 11 opened an account with a deposit of £5, and that on May 10 a registered letter had been written to prisoner closing the account, the balance of 2s. being written off for bank charges. On May 18 prisoner had drawn a cheque for £7 5«. 6d. and presented it to the prosecutor, but it had not been cashed by him.
The letter closing the account not being produced, and no notice to produce having been served on prisoner, the Recorder ruled that the charge could not be proved; the prisoner might have intended to pay money in to meet the cheque if it had been cashed; he 'therefore directed the jury to return a verdict of Not guilty.
DAWSON, John Christopher (43, grocer's assistant) , obtaining by false pretences from Frederick Maxfield Mather £1 8e., the moneys of the National Amalgamated Union of Shop Assistants, Warehousemen, and Clerks, with intent to defraud.
Mr. V. M. Coutts Trotter and Mr. Montague Shearman, jun., prosecuted; Mr. Purcell and Mr. G. Tully-Christie defended.
JAMES MACPHERSON , general secretary of the National Amalgamated Society of Shop Assistants, Warehousemen, and Clerks, a registered trade union, 122, Grower Street. Prisoner was general secretary of the Walthamstow branch, of which Arthur White was a member; on unemployment White would have been entitled to receive four weeks' pay at 28s. a week, four weeks at 20s., and four weeks at 12s., provided his contributions were not more than nine weeks in arrear at the time of declaring on, and that his unemployment was not owing to misconduct. Declaration on form produced dated January 16, 1911, purporting to be signed by Arthur White, stating that he resided at 20, Brickfield Road, and had been dismissed for reduction of expenses, receipt of January 20, 1911, for £1 8s. and 11 subsequent receipts for £1 8s., £1, and 12s. in the name of Arthur White, I Relieve to be in prisoner's writing.
Cross-examined. I have known prisoner as a member and secretary of my society for 15 years. He ceased to be a member about three or four months ago; since then he has been acting for another society; that is about the time this prosecution was started.
ARTHUR WHITE . In 1910 I was a member of the Walthamstow branch of this society, paying 1s. a week. Card produced shows that on October 24, 1910, I made a payment of 2s., which is initialled by prisoner; I was then 11s. in arrear; I made no further payments during 1910. In November, 1910, I was employed by Hepworth and Sons, Walthamstow, and on November 5th was dismissed for misconduct. Declaring on form produced stating that I was paid wages up to and including January 14, 1911, and that on November 7, 1910, I made a payment of 13s., and on January 4, 1911, a payment of 7s., is not correct, and is not written or signed by Mr. On January 4, 1911, I was convicted at Essex Quarter Sessions for falsification of accounts, and sentenced to six months' hard labour. I received no payments from prisoner, and have signed none of the receipts produced.
Cross-examined. I had been a member of the society since 1907. I have never claimed benefit. I knew prisoner as branch secretary, and have frequently made payments to him, occasionally without producing my card. While I was in prison the card was at Scotland Yard. In January, 1912, when I rejoined the society, the secretary said he hoped I should treat them better than I had before—that I would not be three or four weeks in employment and be 13 weeks out; I stated I had never had anything out; that started inquiry.
FREDERICK WILLIAM GEORGE HOLLAND , 40, Somerset Road Walthamstow, vice-chairman, Walthamstow Branch. I produced minutes of meetings of my branch of January 16 and February 6, 1911, at which prisoner acted as secretary, and in one of which should be recorded the notification of the claim of A. White. There is no entry of 11/2. Declaring on form produced bears my signature. I do not remember how I came to sign it.
Cross-examined. The declaring-on form is in order, has been countersigned by me to be brought before the committee and has been paid by their order. I have known prisoner for two and a half years as an honest man; he was employed at the Stratford Co-operative Society.
It would be my duty to see the letter of the applicant before signing, but I should place reliance upon the secretary.
JOHN CHRISTOPHER DAWSON (prisoner, on oath). I live at 44, Dunmore Road South, Stratford, and a grocer's assistant. I have been 20 years connected with this society, 'having been secretary for 15 years, 21/2 years at Walthamstow, of which branch A. White was a member. White paid his subscriptions regularly up to October, 1910, when his card shows a payment of 2s. In the first week of November a man called at my house, stated he came from White, and paid me 13s. on his behalf; on January 14, 1911, a further 7s. was paid—I could not say who by. A few days after I received declaring-on form (produced); I forwarded it to tie head office, and in the ordinary course received cheques, from which I paid to the man who had paid me the contributions, £1 8s., and the other weekly sums mentioned. I understood White had left Waithamstow under a cloud, and was employed at the West End. I did not ask why he could not come himself. On one occasion I called at Hepworth's and asked the manager if I could see Mr. White. He said, "Mr. White is not here now." I said, "Could you tell me where he is?" He said, "No; we should like to know where he is." I said no more, as I did not want to implicate White as being a member of the Union, as employers do not like their employes to be members of the Union. I never knew that White had been in prison. I first heard of this charge when served with the summons on April 13. I had given up my branch secretaryship nine months before, and had become general secretary of a new organisation. The Union expelled Mr. There is no special rule, for making inquiries as to whether a claim is in order. On the instructions of the committee I have once or twice written to employers to ask the reason why a claimant had been discharged; as a rule this is not done.
(Saturday, June 15.)
JOHN C. DAWSON (prisoner, on oath, recalled). Cross-examined. It was the end of October or beginning of November, 1910, that I called at Hepworth's. I did not know whether White had been removed to another branch or not. I may have filled the declaring-on form in pencil; I did not in ink; it is not my writing. It is the duty of the member to fill in the top part. It may be like my handwriting. The man who paid the contributions and called for the money gave me his name, which I cannot now recollect. I thought he was authorised by White, because he had paid the contributions. So far as I know this man has not defrauded me in other transactions. (A number of documents suggested to be in a similar writing were handed to the witness,
on the question of custom, as evidence that other frauds were carried out in a similar manner.)
The Recorder. I am rather doubtful about the admissibility of this evidence, attar the decision of the Court of Appeal in R v. Ellis, 5 Cr. App. R., 41. I should unhesitatingly have admitted this evidence, and both I and the Common Serjeant thought that decision wrong; but I do not feel justified in running any risk of having a conviction quashed by admitting improper evidence. Exactly the same course are is proposed here was pursued by Mr. Bodkin in the case of Ellis, to show a system of passing off spurious china in cases not included in the indictment. The Court of Appeal said the cross-examination ought not to have been allowed, and quashed the conviction.
Mr. Coutts Trotter said he could put it on another ground; prisoner's counsel had cross-examined a witness for the prosecution to show that prisoner was a man of honest character.
The Recorder. I shall not admit the evidence.
JAMES THOMAS MARTIN , 22, The Hill, Northfleet, Kent, salesman to Walters and Co., Gravesend, house furnishers. Between November 5 and 12, 1910, I visited prisoner to negotiate a sale of furniture. A man came in and said he wanted to pay contributions for the club for a man named White. He was a stoutly-built man, a head taller than myself; he handed money to prisoner. The third week in January, 1912, I saw the same man in prisoner's house; he asked for a declaring-on form for out of work. Prisoner said, "You cannot fill it in." The man said, "No; White will fill it in. Prisoner gave him a form, and said, "Get White to fill it in and let met have it back by Monday so that I can get it signed and passed through." The man then left with it. (To the Recorder.) The form was blank. I am positive prisoner said it must be filled in by White himself. I have never seen the man since.
Cross-examined. In November, after the man had left, prisoner said that White was a most unlucky chap. A number of others came and paid contributions; I do not recollect any of their names. I was asked to give evidence two or three weeks ago.
ERNEST JOSEPH FREEMAN , 157, Forest Lane, Forest Gate, salesman. In January, 1911, I think the third week, I visited prisoner to see if he could find me employment. A man came in for White's benefit. Prisoner handed him a sovereign and asked him to return the card by Tuesday at the latest; the man then left. He was a dark man, a head taller than myself. He did not give his name. I have not seen him since.
Cross-examined. I am not a member of the society. This happened on the third Saturday in January. I am certain prisoner paid exactly a sovereign in gold. I had never seen White. This matter was not mentioned to me until two months ago, when prisoner asked me to give evidence.
The jury disagreed.
BEFORE THE COMMON SERJEANT.
(Friday, June 14.)
Mr. Wilkinson prosecuted; Mr. Honour defended.
MALCOLM MCMAN us, barman, "Nottingham Castle," Wandsworth Road. On May 19 prisoner came into the bar between 6 and 6.30p.m. and asked for a pony bitter. I served him, and he gave me a half-crown. I gave him the change. A Mr. Moss then came in. In consequence of what he told me I examined the coin, and on testing it I found it was counterfeit. I went to prisoner and said, "You know, this is a bad one, you had better give me another." He said he did not know it. He gave me a good half-crown. A constable then walked in, and I handed him the bad half-crown. I asked prisoner where he got it, but he made no reply.
Cross-examined. Prisoner came into the public bar. The coin did not at the time strike me as being bad. In change I gave him two separate shillings and 5d. in bronze. Mr. Moss came into the next bar; there was a partition between. I tested the bad coin on a piece of slate; if counterfeit the coin will make a black mark upon the slate and a good coin will cut it. Prisoner was three or four minutes in the bar talking to me.
Police-constable JOHN SPOONEE , 589 W. On May 18, shortly after 6 p.m., I had information given me by Mr. Moss, and in consequence went to the "Nottingham Castle" public-house. I found prisoner in the public bar, talking to the barman. The barman handed me this half-crown, which I marked with my initials. He said, "This man has tendered me this coin in payment for a glass of beer," pointing to prisoner. Prisoner said nothing. I took him into custody. I asked him how he got it, and he said, "I got it gambling at the market." At the police station, when formally charged, he said, "I did not know it was bad. "I searched him and found on him two good half-crowns, two single shillings, and 6d. in bronze.
Cross-examined. It was all good money.
EDWAKD BANKS , barman, the "Bell," Wands-worth Road. On May 18 I was in our bar when prisoner came in about 6.10 p.m. and asked for a pony bitter and a screw of shag, amounting to 2d. I served him, and he handed me a half-crown, which I thought was bad, and drew Mr. Moss, the manager's, attention to it. I went back to prisoner, and said, "You have a wrong one here," and he gave me a half-sovereign in payment. I handed him back the bad coin. In change for the 10s. I handed him three half-crowns, two single shillings, and 4d. in bronze. He then went away. I should not know the coin again.
Cross-examined. I did not see the bad coin tested.
tested with aquafort is was found to be bad. The barman took it back to prisoner and drew his attention to it. Prisoner said he got it in his wages. He then tendered a half-sovereign. I did not see the change given him. He drank up quickly and went out. I went out after him, and followed him to the "Nottingham Castle" where he went in. I went into the next compartment. He asked for a pony bitter and was served. I saw him tender a half-crown. I spoke to the barman, who tried the coin. I went out and fetched a constable. 'As I followed him in the direction of the "Nottingham Castle" prisoner was joined by another man, about 200 yards away. I did not hear anything, but something passed, by the actions of the men. I afterwards lost sight of the other man.
Cross-examined. I saw the bad coin tested in the "Nottingham Castle." The half-sovereign was tendered after the coin was found to be bad.
Re-examined. Prisoner was able to see the testing.
Police-sergeant LEWIS LACEY , 7 W. On May 18, about 6.25, I was at the Clapham Police Station when prisoner was brought in. I told him the charge against him, and asked if he could give any account of how he came by the coin. He said, "I got it this morning gambling in the Fish Market; I did not think it was bad when they told me so at the first pub., so I thought I would try it again. "When the charge was read over to him he said, "I did not know it was bad."
Sergeant FREDERICK STEVENS , W Division. On May 27 I was at the Westminster Police Court on the remand when prisoner was charged with uttering a counterfeit half-crown to the witness Banks at the "Bell" public-house on the 18th. He said, "That is the same I was charged with last week." He had been charged with only the one uttering to Mr. McManus. I explained it to him, and he said, "I understand."
Prisoner confessed to a conviction at this court on December 6, 1910, of uttering; there were four other convictions against him. Sentence: Eighteen months' imprisonment.
Mr. E. Metzler prosecuted Mr. Purcell; defended.
Louis SHURE. I am a jeweller by trade. I first knew prisoner about May 7. I had not seen him before. I sold him a gold watch and chain and jewellery, worth £40, which he paid for. I saw him on the llth, I think, about a pair of trousers to clean at his "place, 16, Newington Causeway. He asked me if I had any jewellery, as he wanted to buy some. I said, "Yes, I will bring you down some this evening if you want." He said he wanted some for himself and some for a customer. I went home and returned with some jewellery and showed them to him. He said, "These are all right,
bring them back on Monday. "Before leaving his shop on that Saturday, he asked me if I could let him have two diamond rings out of that lot. I said, "Yes." One was a single-stone diamond ring for £3 2s. 6d., and a five-stone diamond ring for £8 10s. I saw one of the rings at Mr. Pockett's, Kingsland Road, pawnbroker, on the Tuesday afternoon, the next day. He came to my place on the Sunday, and said he would let me know about those rings to-morrow evening; he could not sell those two rings, bat could I let him have them till Monday morning. On Monday morning, the 13th, I went to his place with some jewellery. He said, "Come with me, I had better see a customer about a pair of earrings." He said his customer's name was Tarry. We went to Commercial Street, and there we parted; I went to see my uncle in Brick Lane. I made an appointment to meet him at the corner of Kingsland Road. I met him, and prisoner asked me to come and have a drink. We went to the "Spread Eagle, Kingsland Road. There prisoner asked the landlord, Mr. Emmett, if he would like to buy some jewellery. He showed him some, but he said no, he had no money to buy jewellery with. From there we went to Old Jewry to see me. Tarry, but he was out. We saw a Mr. Bird. From there we went back to prisoner's place; he asked me to have some lunch with him, and said, "Could I have a look at the jewellery again?" I handed him it and he spread it out on the table. Then the servant brought in the coffee. The accused said, "Can I show the jewellery to my wife?" I said, "Yes." He went downstairs for that purpose, saying, "Wait a few moments, I'll soon be up. "I waited about a quarter of an hour. He did not return. I went downstairs to his workshop but I did not see him again. I remained at the house two nights and three days. I thought he would return with my jewellery. On the Wednesday I left. I went to the police on Tuesday morning at one o'clock. The total value of the jewellery was £124 2s. 6d.
Cross-examined. I carry on business with my father, I help him. This jewellery I have been speaking of belongs to me. My father has nothing to do with that. I got the jewellery from him, but have not paid for them yet. When I get a customer for myself, I take the jewellery from my father and sell it to the customer; I buy it from my father. I make use of my father's license. I am 22 years old. I have been doing business in this way for about two months. Mr. Percy Robinson, solicitor, appeared for the prosecution at the police court; he was instructed by me, not my father; I paid him; I got the money from a friend of my father's. My father did not say after he matter was investigated at the police court, "I will have nothing more to do with it," and did not say that he would no longer instruct Mr. Robinson. The servant who brought in the coffee (Nellie Evans) saw the jewellery spread out on the table. Prisoner has a shop and house at 16, Newington Causeway. I do not know that he pays £72 a year rent. He has four or five hands working there; he is a tailor. I was introduced to him by one of his customers. On May 7 I did not say to prisoner, "If you are willing to earn a little money I can always put a bit in your way by selling or pawning jewellery." I did not say
I was too well known as a jeweller, and could not get such prices as a stranger could. I did not say to prisoner that I could hand him my father's license and ha could make use of it. He did not say he would not mind earning a little money in that way by. pawning goods for me end sharing with me the profit. I did not give him a watch to pawn on May 7 or 8. I sold him the watch for £6. He did not pawn it and I did not divide the profit (30s.) with him. I did not go to Mr. Waterfield, 80, Newington Causeway, with a ring and ask him to advance £12 upon it. That ring was not afterwards handed by me to prisoner and pawned by him with Mr. Waterfield with my knowledge. Prisoner pawned nothing for Mr. On the Friday I sold him a diamond ring and diamond star (brooch and other things, 10 articles altogether, for £40. I did not show him a receipt for £38 10s. and he did not pawn them for £40 and we did not divide the profit. I did not tell him on the 12th that I had to pay for two rings, £11 10s., and that he was to do the best he could with them, and he did not pawn one at Attenborough's, Newington Causeway, and the other at Pookett's, Kingsland Road. I did not tell him to pawn anything. I never saw any money and never knew he pawned the rings. On one occasion I went with £40 worth of jewellery with him to Attenborough's and Pockett's to have it valued. Prisoner suggested it. That was a different lot to the jewellery of Monday. I went with the police to a few pawnbrokers' shops to make inquiries, among them Mr. Pockett's, where we found one ring. Prisoner did not tell me he was going that Monday afternoon at two o'clock to Paris. He (the accused) handed no pawntickets to Mr. There was nobody present when I handed these goods to prisonento pawn; there was not a man named Nathan Lawrie there. (Nathan Lawrie came into court.) That is one of his workmen.
Re-examined. The two rings I have spoken of are not part of the £124 worth; the amount would be £135 with those rings. I never went with prisoner to pawn things while he went into the shop. We went to Pockett's to find out the value of the goods I have mentioned, and when we came out prisoner handed me back the jewellery, and said, "All right, come home and I'll pay you for them." I went. back with him to his shop where I handed him the jewellery, and he paid me £40 4s. for them in cash.
HENRY GEORGE EMMETT , "Spread Eagle," Kingsland Road. I have known prisoner eight to 10 years as a small tradesman keeping a second-hand clothes shop. On Sunday, May 13, about 11 a.m., he came to my shop with prosecutor. H introduced prosecutor as his brother. He asked. me if I could do him a turn, and I said, "Yes." He produced a paper bag from his inside coat pocket; it had some jewellery in it. He produced a ring, and asked me if I could do with it. I said "No." It was a three-atone diamond ring, I thank. £80 was mentioned as the price for it. He put it back into the bag and put it in his pocket. I gave prisoner an order for a suit of clothes.
Cross-examined. I know prisoner has been in business for two years in Newington Causeway. When he introduced prosecutor as his brother, prosecutor could hear it, but said nothing. They were with me for about half an hour.
WILLIAM HENRY PONSFORD , manager to Mr. Pockett, Pawnbroker, Kingsland Road. I know prisoner quite well. On Monday, May 13, about 11 a.m., he came to me alone and pledged with me a single stone diamond ring for £3 10s.
Cross-examined. The duplicate is in the name of Cohen. I have known prisoner for some years. Pawnbrokers make their profit by pledges being redeemed, not by unredeemed ones; there is a great loss on the latter as a rule. When we sell them we seldom get the money we have advanced. If a man comes whom we know to be a dealer we should not care about serving him. By employing somebody not known to be a dealer a very good profit might be made on a purchase.
ARTHUR BIRD , solicitor's clerk. Tarry is a fellow clerk of mine. Prosecutor came one day, accompanied by prisoner, who introduced him as his brother. It was about 12.30 on or about May 13 last. I was just going out to lunch and met them at the door. He asked me to buy some jewellery. I said I did not want any just then.
Cross-examined. I had had business with prisoner as a tailor. I had known him about four or five years.
Detective-sergeant HODGSON . On May 17, about 10.30 p.m., I saw prisoner at Southgate Police Station. He said, "I hear you have been making inquiries respecting Mr. What do you want me for?" He came there of his own accord. I said, "I hold a warrant for your arrest." I read it to him. He replied, "I have not had the jewellery. He has got two or three other men in trouble in a similar way. I have never seen it. I went to Paris on Monday for a holiday and have just got back and heard you wanted me, so I have come to see what it is for." He was then charged and made no further reply.
Cross-examined. He was brought before the Court the following morning and released on bail and has been on bail ever since.
NATHAN COHEN (prisoner, on oath). I have carried on business as a tailor at 16, Newington Causeway about two years. I pay £72 a year rent and employ some five hands. Before that I lived near Mr. Emmett's. On May 7 I was in my shop when a customer named Henry Izar introduced prosecutor to Mr. I had not seen him before. Prosecutor said to me," I can see you are an intelligent fellow, if you would be willing to do a little business I can always put a little in your way." He then produced several receipts and a license belonging to his father. I asked him what the business would be, and he said he bought lots of jewellery very cheaply daily and if I could either sell or pledge those jewels for him we could make a nice profit on them between us. I asked him which would be best, to sell or pledge, and he said pledging would be the best, as selling is very, very hard and he was too well known to the pawnbrokers. After he showed me that everything was satisfactory, I agreed to go out with him pledging these
goods, and the same day or the next we together pledged a gentleman's gold watch and a lady's chain at Attenborough's, Newington Causeway. I went inside and he waited outside. He showed me a receipt for the watch, which cost him somewhere about £3; the chain was made by himself, it was valued at £2 15s. I got £6 10s. on them from the pawnbroker. We went back to my place and we divided the profit. Then he said we must try and sell the ticket, as he had not got enough for it. I took it to a publican, who said he would first see the article before he bought the ticket. On the same day prosecutor handed me another chain similar to the one attached to the watch, also a lady's chain. We both went to Mr. Pockett's, Kingsland Road. I went in and prosecutor waited outside. I pledged the chain for £3, I think. It was valued at £2 15s. I divided the profit with prosecutor. He next brought me some £38 10s. worth of jewellery. We went to the same pawnbroker and prosecutor waited outside. I pawned it for £40 and divided the profit of 30s. with him. He asked me to come the following day to his place, which I did, and he handed me two diamond rings worth £11 10s. I went with him to Attenborough's, Newington Causeway, but they would not give the price I wanted. He waited outside the shop. We then went to Pockett's and pledged one ring for £3 10s. He waited outside. We pledged the other ring at Attenborough's for £9. That was Monday, May 13. He gave me the rings on Sunday to keep till Monday. I divided the profit with him. Some jewellery was shown to Mr. Emmett. He did not buy any. On the Monday prosecutor came to my house and had lunch with me on the first floor. Nellie Evans waited upon us. I do not remember whether she served us with coffee. There is not a word of truth in what prosecutor has said that he handed me jewellery to show my wife, that I took it and never came back. He handed me nothing at all. I told him I intended to go away for three or four days. The jewellery was not spread out on the table. After lunch he came down to the shop with me and I bade him goodbye. One of my servants, Sarah Derby, was there at the time. There is not a word of truth in the suggestion that I got out of the house without letting him know I was going. I went to Paris and returned on the 17th. When I returned I heard that the police had been inquiring for me, and I went to the police station. What Hodgson has said is quite correct. In all the cases that I pawned things with pawnbrokers, the pawnbrokers knew me.
Cross-examined. I never told prosecutor on the Monday that I wanted to show the jewellery to my wife. I have never seen the jewellery he mentions. I was a friend of prosecutor while we dealt together. I had only known him three or four days. I had one or two words with him on the Monday before I left, not exactly a quarrel. My wife was not ill in bed, she was unwell, find had to go to see the doctor at a Hospital. I have none of the pawntickets; prosecutor has them all except as to the first transaction. When I said at the police station that he had got two or three other men in trouble, I meant that the same customer of mine who had introduced him to me had had some trouble in a jewellery affair, but I did not exactly know what
the transactions were over. I got to know afterwards, but not at the time or I should not have dealt with him. I had never done any business of this kind before.
NATHAN LAWRIE , tailor's presser, employed by prisoner. I remember being in the shop when Harry Izar was there. He introduced Shure to prisoner. He gave prisoner some jewellery, and said he would go with him to pledge it or sell it. He said it was about £40 in value. On that occasion Shure handed me a lady's watch with three diamonds in it, and said I could pledge it to show Cohen I could get over £2 for it. I pledged it at Attenborough's, in Old Kent Road, for £2. I brought the £2 and the ticket back, and prisoner handed them to Shure. Shure then said they would have to go and sell or pledge the jewellery he had brought with him; so they went out. When they came back I saw a bag containing about £40 in gold. It was put on the counter. I said as a joke that I had better take the gold. On the Monday I again saw Shure about 9.30 or 10 a.m. He said to prisoner, "The two rings you have got we will go and sell," and they both went out. I believe they came in again at lunch time, about 12.30 or 12.45, just before I was going for my dinner.
(Saturday, June 15.)
NATHAN LAWRIE , recalled, further examined. It was at prisoner's place that they went to lunch. I was in the work-room downstairs. I saw both of them come down after lunch about 1.15 or 1.30. Prisoner said to Shure, "I think I had better make haste and go." He said to Miss Darby what she is to do. Then he said, "Good-bye. "I cannot tell you if he said anything about coming back. Shure stopped till three, then he went out for his tea or whatever it was. He returned about 4.30, and said to me, "I have come to Mr. Cohen for £150 jewellery." Then he said, "I am waiting for him about half-past five to come back." Prisoner did not come back that night, but on Friday, about 8.30. Between Monday and Friday the police came to the shop.
Cross-examined. I told the inspector I could not make out why prisoner had not returned yet. I have not known him do business in jewellery before. I have been with him five months. I did not see any jewellery on Monday, 13th. I heard prisoner say that morning that he must sell two articles, and they went both together. They returned at 1.30, and Shure said, "We have made some business, now we want some lunch." I did not hear the name of Perry or Parry mentioned.
NELLIE EVANS . I am servant to prisoner. I remember the day he went for a holiday while the strike was on. Shure lunched with him that day. I did not see any jewellery spread out upon the table. They were talking in Jewish; I did not understand.
Cross-examined. Prosecutor stayed there two days and nights. That did not seem remarkable to Mr. He told me he was waiting for the governor. Prisoner said "Good bye" to Shure. Mrs. Cohen was not there.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, June 14.)
GRUNDY, Thomas (64, compositor) , feloniously, by fraud, leading and taking away Margery Tagg, a child under the age of fourteen years, with intent to deprive Ellen Tagg, the mother, of the possession of the said child.
Mr. D. Owen Evans prosecuted.
ELLEN TAGG , 139, Blackstock Road, Finsbury Park. My daughter Margery was five years old on December 31 last. On May 24 I sent her out to play with her brother Horace, aged 3 £. I next saw her at Guildford. I saw prisoner there. I had never seen him before. He is no relation of mine. I charged him with stealing my child. He said nothing. My child was wearing a different hat and different hair ribbon to when I sent her out.
Cross-examined by prisoner. I charged you at Guildford with stealing my child. You never answered me.
Sergeant GEORGE HAYNES , N. I saw prisoner detained at Guildford on May 27 at 3 p.m. I told him who I was, and charged him with stealing the child. He replied, "I perfectly understand what you say. "I brought him to London by train. On the way he said, "I can now realise what I have done. I took her to Kingston on Friday afternoon, and had something to eat at the "Jubilee Tavern," and slept there. We had separate beds. On Saturday I took her as far as Working by train, then someone gave us a lift in a motor very near to Guildford. I then went to the "Seven Stars" beerhouse, and engaged a bed, and we slept there Saturday and Sunday nights. I took her to the pictures Saturday in the evening, and we went for a walk Sunday." I then brought him to Highbury Station, where he was charged. In reply he said, "Yes, I took her away; it is quite true." He had a bag in his possession, which was subsequently searched; in it we found four indecent photographs, a knife, a stiletto, and a locket and chain. To prisoner. You did not say, "I did not know anything before I reached Kingston and I realised then what I had done." You said nothing about "reached Kingston." You said, "I now realise."
FRANK CHARLES STREET , "Seven Stars," Guildford. I only know prisoner by coming to my house to lodge. The first time he came was Tuesday, May 21. He was then alone. He stayed one night. I saw him next on May 25. He came in alone then, and asked if he could have a bed for a couple of nights. I said yes. He said he had got his grandchild with him. He brought the child in shortly after I told him he could have a bed. The child slept with prisoner. There were
two beds in the room. I had another lodger in the other bed. I noticed in the "Daily Mirror" there was a child lost from Finsbury Park. I communicated with the police, and left it in their hands. After prisoner left we found the little girl's dark cap on the top of the cupboard. We also found a little rag doll.
Sergeant GEORGE REED , Guildford Borough Police. On May 27, in consequence of information received I went to the "Seven Stars." I saw prisoner in the washhouse with the child. I said, "Is that your child?" He said, "No, it is my granddaughter; I fetched her away from her mother, who is in London, a bad lot, living in slums. I am taking her to Horsham to her grandmother." He said to the child, "Ain't that right, Margery?" and she said, "Yes, grandfather." I told him she answered the description of a child missing from Finsbury Park, that her clothing and everything tallied. I said to the child, "What is your name?" She said, "Margery Mays." I asked why he remained in the public-house so long when he was going to Horsham. He said, "I am waiting for a letter from the post office." I said, "I am not satified with your statement; you will have to come to the police station; on the way to the station we will see if there is a letter at the post office for you." He went into the post office, came back and said there was no letter. I took him to the station, questioned the child in his presence, and prisoner said, "Her mother lives at Stockmore Road, London." I said to prisoner, "You know what child she is; this is the child that is missing." He said, "I am sorry; I do not know what made me do it. I did not know I had got her till I had got right away; then I did not know what to do with her. "I communicated with the Metropolitan Police.
To prisoner. When you got to the station you asked me to telephone to Godalming. You said, "The boots." I got the boots to come to the telephone, and he said he did not know such a man. He said if you went to Grodalming he might recollect you. I gave him the name of Grundy, late of Horsham. Southampton was not mentioned at all. Something was said about the indecent cards. I asked you why you carried that rubbis about. (To the Court.) I asked did he suggest I put them in the bag. He said, "I do not know how they got there.
Prisoner did not go into the witness-box, but made a rambling statement to the jury.
Sentence: Twelve months' hard labour.
Mr. Aubrey Davies prosecuted; Mr. Walter Stewart defended.
Sergeant WILLIAM WSEELJBE . On May 9, at 11 p.m., I was at Blackwall Tunnel. Prisoner was on beat duty there. I noticed the condition he was in, and directed him to go to the station. He declined to go, but subsequently proceeded with me about 30 yards; then he refused to go further. He used very abusive language Me went part way up the steps to Ordnance Road. I stopped him. seized hold of his belt and directed him to go down the steps again, and go to the station. On arriving at the bottom of the steps he threw
his helmet away, used bad language again, rushed up the steps on the opposite side of the roadway. When lie got to the top of the steps he threw his helmet down again, using abusive language. I went up the steps the opposite side and saw that he went in the direction of the river. Having sent for assistance I waited for the arrival of Police-constable Jefford, and with 'him I went in search of accused, whom we found coming towards us in Ordnance Road. On our approaching him he endeavoured to get away from us by running into the Tunnel Avenue, where we overtook him. I took hold of his right arm, Police-constable Jefford took hold of his left. Jefford said to him, "Come along, Jack, you will have to go to the station." We both tried to persuade him to go. He refused, and became so violent that we threw him to the ground. He then promised to go quietly, and we assisted him to his feet. At that time I had his helmet and lamp in my hand. His lamp was in several pieces, placed inside the helmet. I said, "You might as well go respectably," or words to that effect, and advised him to put his helmet on. I was in the act of giving him his helmet when all became blank. Three or four minutes later, on recovering consciousness, I found I had received a severe blow on the left side of my face, knocking out several teeth and loosening others. About 20 yards away I saw prisoner and Policeconstable Jefford struggling. As I got near them Jefford said, "I tried to stop the blow, sergeant, but I could not. "Prisoner continuing his violence, I drew my truncheon and struck him on the right thigh. He then became somewhat quieter, and having sent for further assistance I continued the struggle with him, and we succeeded together in taking his truncheon from him. Further assistance having arrived he was then taken to the station. I was in such a weak condition I went in a bus. I was seen by the divisional surgeon. Prisoner was charged on the following day. I was not present, being ill in bed. I told him to. go to the station because he was unfit for duty. He was drunk, in my opinion. I know he has had a bad leg for some time. Since he has been at Greenwich; he has always been unsteady in his walk. I made every allowance for that. He had dilated pupils, and there was other evidence that he was drunk.
Cross-examined. I do not know that after this occurrence prisoner was 14 days in hospital. I have not seen his leg since. I did not tell him he was drunk. I wanted to get him to the station as quietly as possible, and in the presence of another officer make the accusation. It is not a rule in the police service to bring a charge of drunkenness against another singly. He would not have the right to call for an independent medical man. When I told him he was wanted at the station I did not take hold of his belt; that was at a later stage. He replied, "Me, sergeant?" I did not then say, "I am going to take you in for being unfit for duty through drink. "I still say he was unfit for duty. It was at a much later stage when I seized him by the collar. I have not been taught ju jutsu, or shown how to catch hold of a man so as to disable him. You are accusing me of something I did not do. I only struck him with my truncheon once. I was pleased to think I had the presence of mind not to strike him
on the shin. I raised my truncheon a second time. I remembered his physical condition, and the thought flashed through my mind, "If I do I shall break his leg." I put my truncheon in my pocket and feel proud of that ever since.
Police-constable JEFFORD , 404 R. On May 9, about 11 p.m., I was in Tunnel Avenue, East Greenwich. Last witness spoke to Mr. We then went in search of defendant and found him in Ordnance Road. I went to his right side and last witness to his left. I said to him, "Come on, Jack, you will have to go to the station." He became violent and we put him on the ground. At last he promised to go quietly, and we put him on his feet. He walked a few yards, drew his truncheon, struck Wheeler in the face and said, "You f—g bastard. I tried to prevent the blow, but was not quick enough. I then tried to get possession of prisoner's truncheon, and in the scuffle I overpowered him and held him on the ground. My whistle had fallen out, and prisoner said, "If you will give me my pipe I will blow your whistle." I gave him his pipe and he blew my whistle three times. Then prisoner got up and put his truncheon in his pocket. I and last witness took his truncheon away from him, assistance arrived, and we took him to the station.
Cross-examined. I last saw prisoner about eight minutes before. He appeared to be sober. He was walking away from me towards Blackwall. I cannot say if he has been a teetotaler since September, 1911. He appeared to be perfectly sober when he left the station. His beat was a mile and a quarter away from the station. There is a possibility of getting drunk in the tunnel if anybody offers it. I had it offered to me once by a drunken man; I took him into custody. (To the Judge; He left the station at 10.) I do not know where he was accused of being drunk. As to Sergeant Wheeler being a man who stands very badly with the subordinate officers I would rather not answer. I have not attended for ju jitsu instruction. It is not compulsory. I did not notice Wheeler tightening prisoner's collar. At that place, if I remember right, it was rather dark. Prisoner is a decent comrade, not a man who would commit a brutal assault on a superior officer or brother constable.
Re-examined. If a superior officer tells me to go to the station it is my duty to obey without argument.
Sub-divisional Inspector A. PULLEN . I was on duty at East Greenwich Police Station 'on May 9 at 11.45 p.m. I then saw Sergeant Wheeler. He was in a collapsed condition, bleeding from the mouth. At 12 prisoner was brought in by Police-constables 404 and 842. I told prisoner he would be reported for being drunk on duty and assaulting a sergeant. He replied, "Right you are." I thought he was drunk.
Cross-examined. I do not know what condition he was in when he went on duty. Sergeant Osborne can tell you that. He is here. I am satisfied prisoner has not been a teetotaller since September last. I do not know that prisoner was hurt. His leg was never shown to me, and he made no complaint of being injured.
Re-examined. After prisoner was in custody I cleared his locker, and there I found several empty bottles that had contained whisky.
HUGH DAVIES , divisional surgeon. I examined Sergeant Wheeler on May 9. He was suffering from laceration of the upper and lower lips; several teeth were loose in the upper and lower jaws, and several broken off. He was also suffering from shock. He was on the sick list 24 days I think the injuries must have been caused by some blunt instrument, such as a truncheon.
Cross-examined. I was not called to see what injuries prisoner was suffering from. I do not think the marks on prisoner's leg were caused by a blow. One is a patch of psoriasis and the other a varicose vein.
JOHN KING (prisoner, on oath). I left the station on May 9, about 10 p.m. My beat was a mile and a quarter from there. I arrived at my beat about a quarter past 10. I 'had no intoxicating drink. I have been a teetotaller since September 11. The empty bottles were brought to the station by my brother. They were two or three quartern or half-quartern bottles. There was money on them. My brother had the whisky. I walked to the centre of the tunnel and back; that is a mile and a half; it took about 25. minutes. 1 then met Police-constable 842 at the top of the steps coming out of the tunnel. I walked to the top of the tunnel, where I saw Sergeant Osborne at 10.40. I stopped a few minutes, and then proceeded into the tunnel again. About 10.55 I saw Sergeant Wheeler. I said, "All right, sergeant." He said, "All right." He said, "I am going to take you to the station." He said, "You are wanted at the station." I said, "Me, sergeant?" He said, "Yes, you. I am going to take you to the station for being unfit for duty through drink." He did not speak in the mild, sympathetic way he spoke just now. Just before I saw him I had put up my leg like that (illustrating). I often do. (To the Court. I was rubbing my leg.) I had been under the doctor a fortnight with my leg. I was very annoyed at Sergeant Wheeler accusing me of being drunk, and if I had gone to the station I was under the impression I should get punished severely. There is no appeal, only to a superior officer; then in most cases you suffer. I did not want to go to the station. I walked away from him. He went up one side of the steps; I went the other. I walked round to consider whether or not I should go to the station, and I came back thinking it better to face the matter out, and intending to go to the station. The sergeant took hold of my by the throat (illustrating) and almost took my breath away. I struggled very much. He put me on the ground and struck me a very violent blow above the knee with his truncheon. This was before I struck him. Police-constable Jefford was holding me when I struck the sergeant. I begged for mercy. Jefford let me get up. I walked along a little way. Sergeant Wheeler still had hold of me by the collar of my coat. I drew my truncheon and struck him in the height of my temper.
Cross-examined. The mark nearest to my foot was caused during the struggle. I did not say the other was. I have been a teetotaller s. neck September, 1911. I think two of the bottles my brother brought; the others I brought with me when I moved to East Greenwich. I never bad any quarrel with Sergeant Wheeler before this.
Verdict, Guilty, with a recommendation to mercy.
Sentence: Two months' hard labour.
ROSS, Catherine (51, laundress) , unlawfully and without legal authority intimidating Madge Sinclair and Carrie Harding with a view to compel the said M. Sinclair and C. Harding to abstain from doing an act which they had a legal right to do.
Mr. A. W. Elkin prosecuted; Mr. Martin O'Connor defended.
ISAAC HIMMELMAN , master tailor, 163, Wardour Street, W. Pritoner carries on a laundry in a factory which faces mine. On the morning of May 11 was at work with my hands. Prisoner came to the window and said, "Ain't you coming out?" I said, "What for?" She said, "Can't you see they are all on strike?" I said, "I have no reason to go on strike. My people have no reason to go on strike." She said, "If you are not going on strike, I shall see you shall go out on strike. "In the afternoon she went over to the Union and brought a lot of men and women up in her workshop. She made use of very bad language. I was obliged to take my girls from the workshop. On May 2 prisoner made up a dummy and hung it out of her window, and put on it Sweater," and she called us blacklegs. Before she put it out of the window she put a coffin on her shoulders and said, "That is for you bleeding Jews. If you are not going to come out we will have you out." She said she would give the girls money to go on strike. She said, "I will send my son round to the Union and fetch the people up. "In the afternoon she brought these people up. They climbed on the roof and wanted to get into my workshop. Prisoner was present when they said, "If you are not coming out we are going to turn you out. "I took a pail of water and threw at them so that they should not get through. Madge Sinclair has worked for me eight and a half years and Carrie Harding about four years.
Cross-examined. Prisoner does not employ tailors. She was present when her son hung the dummy out. I did not see her make the dummy. She told her son where to put it. It remained up a few hours. No doubt the police made them take it down. The men who tried to get Into my premises did not come from the laundry. Prisoner had a piece of black wood on her shoulders, and said, "That is for you, especially you with the fair hair," one of my hands. I only know prisoner by sight. I see her every day for 12 months. Madge Sinclair is the only one with fair hair in my workroom. Carrie Harding will explain what prisoner said to her. Prisoner has done work for me. She took out a stain from a white coat. My people were compelled to go on strike; they were afraid.
happened to look out of the window on May 1, about 10 to 11 a.m. Prisoner called out, "Are you coming out on strike?" I said, "No, why should I? I am earning a decent wage. "After dinner I was at the same place. She told us to put our scissors down and come out. She called us dirty blacklegs. She also said, "Why did not we be British women and come out. "She then offered me five quid if I would put my scissors down and come out on strike. That was her expression. I did not answer. She made use of filthy language. She called all the ladies in the room bleeding bastards and bloody cows to stop there and work for foreigners. On the 2nd the same thing started again at 9.10. There was an effigy of a man made and nailed outside the window. Prisoner was in the room at the time. There was a card on the chest of the effigy, with the word "Sweater." It dropped into the mews, and was picked up again, I could not see whom by. Then her son got on the roof of the laundry. The effigy was put on a beam that projected. The son then shouted, "You with the fair hair, we are going to sling you up to-night when you come out" Prisoner was there all the time. Next morning prisoner came to the window opposite where I was sitting with a log of black wood on her shoulder. She then shouted over, "Hi, you there, this is for you dirty blacklegs, your coffin," and left it there. She said we should not resume work any more. I has made me very ill. I cannot sleep. After Thursday dinner time I did not return to work.
Cross-examined. I had doublet pleurisy last Christmas, and was away two months. I had only resumed work about a fortnight. I am the only fair girl in the room. I saw prisoner distinctly. I know no reason why a laundrywoman should interfere with tailors; I told her that in conversation. It was in the afternoon of May 1 that she first used abusive language. Others shouted as well. The words I have mentioned were used before she fetched the strangers in, which was one and a half hours afterwards. She fetched the strikers to us, and we all had to leave off work.
Police-constable MORRIS THOMAS , 422 C. I served the summons on prisoner in her premises. She said, "I don't understand it." As I was coming out of the door I saw a dummy figure of a man behind the door. It stood about 5 ft. high. It had a, card with the word "Sweater" on it, in letters 11/2 in. high. I remained against prosecutor's premises to bring his people to court and give them protection. That was by order of the magistrate.
Cross-examined. I did not stop to examine the dummy, but I should not think it was a very correct portrait of prosecutor.
(Monday, June 17.)
CATHERINE Ross (prisoner, on oath). I have been carrying on a laundry business in the West End for 16 years. I pay £140 a year rent. On May 1 I was called to the top of the laundry by Kate Ryan
to look at a shirt which was dirty. I was at her board looking at it right opposite Himmelman's window. Himmelman called out to me, "Is Mr. Boss on strike?" I said "Yes, he came out yesterday." He said. "More b——fool him. I was out on strike six years ago, and I have had enough of it." I said, "Mr. Ross is not like you; he don't employ hands; he merely employs my son." I said, "You employ those hands from six in the morning to 10 at night, and you are not supposed to work those women in that way." He got very angry, and I told him I would not allow him to employ those hands any more; I should put the factory inspector on him. With that he turned from the window and made an obscene gesture. Then his wife put her finger to her nose and put her tongue out at Mr. I went downstairs, and Himmelman and I had a good row. Then I was called up by some pickets, men I do not know. They asked if Mr. Stone lived there. He is a tenant of mine. I said he was at the opposite house. They went down and apologised for coming up. On May 2 Himmelman did the same thing to me as on the 1st. About 12 or 15 men rushed into my laundry to see if there were any tailors working in the mews. I never had a coffin in my hand in my life. There is a piece of black board I polish my work on. I did not have it in my hand on May 1 or 2. That is the only piece of black wood I have on my premises. I did not know anybody was going to hang up the effigy. I had nothing to do with. it. I was asked to go down in the mews and see what was hung up. I enquired who put it up. The girl said she did not know. I ordered it to be taken down, and it dropped in the yard.
Cross-examined. I have two sons. One works with me. He was not there on May 2. He did not put the effigy up. My husband is a non-union man. Hundreds of people go through my place. The dummy was there till Saturday, when I went to the police court. I did not see it put up.
CHARLES HARDY . I am employed by prisoner. On May 1 I was on the top laundry. Prisoner came up twice while I was there. She said nothing to Madge Sinclair or Carrie Harding. One to two is my dinner time. On May 2, about 1.30, four strange men came to the laundry door. They gave me a sort of dummy. I took it upstairs and put it out of the window. Prisoner knew nothing about it. When she came to hear of it she ordered me to take it down at once, and threatened to give me the sack.
Cross-examined. I am not in the habit of obeying the instructions of strangers. It was only done with the idea of a joke. I work in the window opposite Himmelman's. I did not hear prisoner holding a conversation with Madge Sinclair on May 1 in a loud voice. I did not hear her say, "Are you coming out on strike?" I did not hear her say anything. I hear Himmelman ask if her husband had come out. That was about 10.30. I did not hear prisoner make any statements to Madge Harding. I was there the whole time. On May 2 I was in the same position at the window. Prisoner came in the laundry with the washing board in her hand. She put it on one of those boards. She did not shout across to Himmelman's at the same time.
HARRY POTTER . On May 2 I was on the second floor of the laundry at 1.30. Charley Harvey brought a dummy. He said some strange men gave it to him passing through the yard. He hung it outside the window. Prisoner did not know anything about it till two o'clock; then she ordered me to cut it down. She did not exhibit a black board to the people in the opposite window.
JACOB TOBIAS , 80, Smiley Street, Stepney. I was working for Mr. Himmelman in the beginning of May. I worked through the week till Friday, 5 o'clock. I know Madge Sinclair and Carrie Harding. There was shouting on both sides, but we could not exactly hear what was said. There were 15 or 20 women opposite and about 15 on our side. At one period there were about four men opposite. Mr. Himmelman said to Mrs. Boss, "Good morning," and she answered in a proper way. He also asked whether her husband is on strike and she said yes, and she asked whether he is going on strike and he said no. Then she said, "I shall see you don't employ your hands from six in the morning to 10 at night. Then he said to Mrs. Ross, "Be a man." When he said that all our people laughed. Then he turned round and clapped his two hands to his backside to the people across the road. There was such a noise we could not hear. I sat down to work, finished my week's work I intended to do and we went over to the union, as I promised, and remained on strike. I saw the dummy put up by a boy. It was not Mrs. Ross's son. The one I know was not there.
Cross-examined. I have seen "Mrs. Ross's son at the union office. I went to see him there. I could not say he is an active member of the union. I worked further away from the window than Madge Sinclair and Carrie Harding. Possibly they could hear better than I could. I can swear that Himmelman put his two hands on his backside and showed it towards Mrs. Ross's window, and I do not think there is anyone from that workshop can deny it. That happened on May 1.
JOHN Ross (prisoner's son). I had nothing to do with the dummy. I was not on the premises at the time. I do not belong to the tailors' union.
MART MARNEY , 11, Guiness Street, Kentish Town. On May 1 I went to see Mrs. Ross, my mother, at 1.45 p.m. I was there till 10.30. At 4. p.m. I heard the scuffle of footsteps coming upstairs. I turned round and saw four men. They asked for Mr. Stone. I said he lived in the front of the house. Mother came up and asked what they wanted. They said Mr. Stone. She told them where he lived. They turned to go and as they did so they caught sight of the tailor's workshop facing. A man spoke Hebrew across to Himmelman. Then another man asked him in English if he was coming out. He said, "Yes, come downstairs and I will speak to you." My mother said nothing to Himmelman, Sinclair, or Harding while I was there.
LOUISE Ross, 16, Witherington Road, N. I called to see my mother on May 1 at 12. She was on the second floor in the laundry. I stopped till about 1 o'clock. There was no disturbance or row while I was there. My mother did not say anything to either Madge
Sinclair or Carria Harding. I went up there again at two. At three I went to the top floor. Mrs. Himmelman was standing in front of the window. She put her hand to her nose like this. I called her a fare of nature. Then Himmelman came to the window and smacked the lower part of his back to Mr. I said if I was over there I should kick it. Mrs. Ross did not shout anything across. She was not there at the top while I was there.
EMILY BRADLEY , I work for Mrs. Ross as ironer on the first flocr. That room is not opposite Himmerman's. I did not hear Mrs. Ross about across to Madge Sinclair or Carrie Harding on May 1 or 2. If she had I should have heard her.
LILY SUMPTER . I work for Mrs. Ross. I recollect May 2. About 4.30 in the afternoon Mrs. Ross came downstairs to her tea. She said if I saw her son Jim, she wanted to see him. About 12 men came through the premises. They were strangers. They went right up to facing Himmelman's workshop and came down again in a few minutes.
PATRICK MORLEY . I am a retired laundry proprietor. Prisoner is my daughter. I called on her on May 2, between, 5 and 5.30 p.m. I saw a lot of men rush through. I suppose they could not get down the mews because the policemen were on duty in the front. I did not know what their business was till after. They were strangers.
Verdict, Not guilty.
BEFORE MR. JUSTICE BANKES.
(Saturday, June 15.)
Sentence: Three years' penal servitude.
Sentence: Seven years' penal servitude.
(Monday, June 17.)
BERGER, Emile James Richard (45, agent), pleaded guilty of committing wilful and corrupt perjury in an action in the King's Bench Division, in which Sir Joseph Robinson was the plaintiff and Louis Cohen and others were the defendants.
Mr. Muir, for the prosecution, stated that prisoner had given evidence for Louis Cohen PS to a certain conversation he had had with Sir
Joseph Robinson in Kimberley, South Africa, in 1889 in which Sir Joseph had admitted the truth of certain subsequent allegations made against him by Louis Cohen in his book, "Reminiscences of Kimberley," and for which he, Cohen, was being sued for libel. Upon prisoner being arrested for obtaining money by false pretences there was found in his possession a copy of his birth certificate, showing that he was born in 1879, and therefore at the time of the alleged conversation he was only 10 years of age. At the police court prisoner, through his counsel, had stated that he did not intend to contest the truth of the charge, and would give an explanation at this court. The only possible explanation that one could find on the evidence was that he was bribed to do it.
Mr. Cairns, for the defence, said he was prepared to admit that the case must be treated as a serious one. He hoped to make it clear that money was not the impulse for prisoner's action in this matter. No money passed between Cohen and prisoner, and nothing was arranged for or asked for. There was really no explanation for what he had done, for he had committed the perjury without any reasonable motive of any kind. Prisoner appeared to have known Cohen two or three years before this occurred, and they met on the basis of an alleged introduction which took place in South Africa, in which country prisoner had undoubtedly lived and worked. Owing to the life he was leading prisoner got a mind so diseased that he was mixing up incidents of which he had experience and incidents of which he heard and read. Some 18 months before this happened prisoner's wife, to whom he was deeply attached, died. She left him £900, and the fact that that money was all gone indicated the pace at which he had been living.
Detective-sergeant REED said at the London Sessions prisoner had, pleaded guilty to obtaining £2 by means of 'a worthless cheque, and there were five other similar cases. When arrested he complained that his house had been broken into and jewellery stolen. As a matter of fact witness had the house under observation when the robbery was said to have taken place, and on investigation it was found that furniture and ornaments had been moved about by prisoner, and the back door barricaded to make it appear that there had been a robbery. Prisoner had a burglary and housebreaking policy of £300. Mr. Wallace at the London Sessions had stated that he would wish the Judge, in passing sentence, to take into account prisoner's plea of guilty before him.
Sentence: Three years' penal servitude; Mr. Justice Bankes stating that in this sentence he was taking into account the offence to which prisoner had pleaded guilty at the London Sessions.
PRICE, Henry Herbert (56, solicitor) , being trustee of certain property, to wit, the several sums of £750 and £1,850 for the use and benefit of Clement Julius Augustus Herbert de Renter and another, unlawfully with intent to defraud converting the said property to his own use and benefit, and being trustee of certain property, to wit, an order for the payment of £1,929 12s. for the use and benefit partially of the said Clement Julius Augustus Herbert de Reuter and another, unlawfully with intent to defraud, converting part of the proceeds, to wit, £1,850, to his own use and benefit.
Mr. Shewell Cooper prosecuted; Mr. C. E. Jones defended.
CLEMENT JULIUS AUGUSTUS HERBERT DE REUTER , Baron of the German Empire, 15, Palace Gate. On January 5, 1876, I married Miss Edith Campbell. A marriage settlement was executed which provided for the payment of two sums of £10, 000 to b-3 paid to trustees, part of the income being payable to my wife during her life, and giving the power to my wife and myself to appoint new trustees. On October 23, 1899, there was this deed of appointment of new trustees (produced) in which my son and my daughter, Mrs. Douglas, were appointed in place of the original trustees, and it bears my wife's and my signatures. On January 2, 1906, there was a further deed (produced) bearing our signatures, by which we appoint William Jackson Perkins and prisoner trustees with my daughter. Up to 1911 the interest, with occasional delays, was duly paid. In consequence of the interest not having been paid at the end of 1911, on February 19, 1912, I had an interview with prisoner at my office. He admitted that there was £1,000 deficiency in the trust funds. I had further interviews on the 23rd, 26th, and 29th, and I think it was on the 26th, when he admitted that the deficiency was £2,600. He asked me if I would give him time, and I asked him if that was the entire amount. He declared it was, and he could raise £1,600 if I would give him a year for the remainder and the interest. I said I would if that were the truth.
Cross-examined. I first knew prisoner a little before 1898, when he succeeded Mr. Hart as my solicitor. From that time to 1906, when he was appointed trustee, he did a certain amount of work for me, with which I was quite satisfied; he only acted for me professionally; I had nothing to do with the Persian Bank. Under the marriage settlement I had the power of appointment of part of the settled estate to my son and daughter, and I appointed one moiety; I did not appropriate any specific shares. I have not appointed the other moiety to my son. (On Mr. Justice Bankes asking what was the point of this cross-examination, Mr. Jones pointed out that it was for the purpose. of showing that the witness was not rightly the prosecutor, this being a misdemeanour.) I am not a party to the action in Chancery commenced by Mrs. Douglas and Mr. Martineau on February 13 against prisoner; I do not know anything about it. (Mr. Justice Bankes pointed out to Mr. Jones that the onus was upon him to prove that witness was the person who "shall have taken such civil proceedings" referred to in the statute.) I am quite certain that prisoner on February 19 did not say that the deficiency was "at least £1,000"; he said it was "not more than that." I said if it did not exceed £1,000 it should be made a personal matter between us. He said he had friends from whom he thought he could raise it. I said I would write to Mr. Dowson to that effect, and I did so. When I heard that what prisoner had told me was untrue I made an affidavit in the Chancery proceedings in which Mr. Dowson was the solicitor, whereupon prisoner
called upon me and said that it had ruined him', because he would be locked up for misappropriation. He did not on the 26th ask me to lend him £2,600, and I did not say there were difficulties in connection with some uncalled capital on some shares in the Persian Bank.
WALTER DOWSON , solicitor, Dowson, Ainslie and Co., 19, Surrey Street, W. C. I had the conduct of certain Chancery proceedings, brought by Mrs. Douglas and Mr. Martineau against prisoner and Mr. Perkins; I was instructed by their solicitors, in Aberdeen, and I received a number of documents (produced) from them, including a letter to them dated January 6, 1912, purporting to be signed by prisoner, with a statement of account showing the proceeds of the marriage settlement, the payments into the bank, and receipts. On the credit side under date January 19, 1909, there is an entry "Cash to Mr. Burch of the mortgage on freehold shops in Walworth, £750," and under date February 16, 1910 (it should be 1911)," Cash of Mr. Burch, repayment of mortgage, £750. "July 7, "Cash of Mr. Ridley, repayment of mortgage of Mortlake property, £900," and under the same date, "Cash of Mr. Fuller, repayment of mortgage of Mortlake property, £950"; the total is £3,500. On the debit side, under date February 16, 1911, there is "Advance to Mr. Fern, loan on property at Leytonstone, £300," and on July 7, 1910 (it ought to be 1911), "Advance to Mr. Osborn on mortgage on leasehold shops, South Woodford, £2,300." On February 29 a clerk of prisoner's, West, called and stated that the trust securities had been lodged with the London County and Westminster Bank, Kensington. On March 2, I called at that bank but could find no documents relating to the Fern and the Osborn mortgages. On March 5 I asked prisoner to account for this, and he told me those mortgages were non-existent.
Cross-examined. He said there had been negotiations but they had fallen through; I have never heard the reason for their so doing. I understood from prisoner's message delivered by West that all the deeds were deposited at the Bank. I have seen a very incomplete document in the form of a charge on a Mrs. Archinvole's property, but she repudiates it, and I am afraid it cannot be made effective; prisoner told me that he had got a mortgage from her for £700. He did not tell me that he had some property at Dartford on-which he could get an advance of £1,200. I have no recollection of my telling him that whatever sums he might make good I was not in a position to make terms with him.
WILLIAM JACKSON PERKINS , solicitor, High Street, Guildford. I am registrar at the Guildford County Court. I am one of the trustees of Baron de Renter's marriage settlement, being appointed in 1906 with prisoner, with whom I have shared offices in London for some years. I only attended when I had business there. The deed appointing new trustees contains a schedule showing the state of the trust investments at the time I was appointed; they were mainly railway bonds From time to time these were sold with the intention of reinvesting in mortgages. The management of the property was left entirely to prisoner. On January 19, 1911, he wrote me saying that Mr. Burch
had sold the property, the subject of the above-named security, so that the mortgage would be paid off on completion of purchase. He enclosed certain documents which I signed and returned to him. We had a trustee account at the Kensington branch of the London and County and Westminster Bank.
Cross-examined. I have no recollection of signing any cheques on that account, but I found that the account was in our names with that of our co-trustee, Mrs. Douglas. No doubt we all had to sign the authorities to draw upon that account. Mrs. Douglas was living in Scotland. I have known prisoner about thirty years. He told me from time to time, when I inquired, that he had proposals for reinvesting the money in mortgages, but I do not remember the names of the mortgages. I knew there were negotiations on hand with Mrs. Archinvole, but I do not remember hearing her name mentioned before the Chancery proceedings on February 13; he told me that her deeds were at the London County and Westminster Bank, Covent Garden branch, As regards the Ridley mortgages for £1,100, I took the deeds from prisoner to Mr. Dowson myself. I remember seeing prisoner about a charge from Mrs. Archinvole; it was certainly after the Chancery proceedings, which were for an account and his removal as trustee. He told me that he hoped to raise sufficient money to replace what was deficient. He said he was interested in a railway in Canada, and I had no reason to doubt it; it was a railway that belonged to Carpenter of the Charing Cross Bank. I understood his intention was to pay the money.
EDWIN GILBERT HOCKING , solicitor, Kinsey, Ade, and Hocking, 9, Blooms-bury Place, W. C. In February, 1911, my firm acted for a Mr. Osborn on the purchase by him from Mr. Burch, of his mortgages of 294 and 294A, Walworth Road. I found there was a mortgage on the property of £750, to Mrs. Douglas, Mr. Perkins, and prisoner. On February 16 I attended the completion of the matter at prisoner's offices in John Street, Bedford Row, and £750 in cash and bank notes, which represented the repayment of the mortgage to Burch, was handed to prisoner.
WILLIAM BARKER , conveyancing clerk, Alpe and Ward, solicitors, 3, Serjeants Inn. In the middle of 1911 our firm were acting for a Mr. Fern on the purchase by him of eight houses in Mortlake. I discovered that there was a mortgage of £900 on four of the houses to Mrs. Douglas, Mr. Perkins, and prisoner; and a mortgage of £950 on the other four houses to the same persons. I attended at the completion on July 6, 1911, and handed this cheque for £1,929 12s., payable to "H. Price," to prisoner; £1,850 represented the amount of the mortgage we bought free from encumbrances.
JOSEPHS HOLLAMS , cashier, London County and Westminster Bank, Kensington Branch. I produce a certified copy of an account in the names of Mrs. Douglas, Mr. Perkins, and prisoner, which is correct. The last operation on that account was December 10, 1910; the credit was then £75 2s. 9d.
the: account of prisoner, which is correct. On July 7, 1911, £1,929 12s. was paid in. There is no sum of £750 paid in in February. At the end of the year there was a debit balance of £13 3s. lld.
Cross-examined. He had two accounts, a loan account and a current account. I do not produce a copy of the loan account. On July 2 £200 was taken from the current account to pay off the loan account; we should not have done that without his instructions.
ALBERT WEST . I have for about three years been prisoner's chief clerk. The signature to the letter of January 6, 1912, is his, and the account is in his handwriting. I knew the business that was going on in the office. There was a proposal for a mortgage in reference to a Mr. and Mrs. Fern, but it fell through, as the title was found to be unsatisfactory. There was also a proposal for a mortgage for £2,300 to a Mr. Osborn, but that went off on account of his objecting to pay the full scale of charges. On February 29 prisoner instructed me to call on Mr. Dowson and tell him that certain deeds were handed over to the bank; he did not mention the deeds as relating to any particular matter. I gave the message.
Cross-examined. Prisoner was ready and willing to carry through the Fern mortgage if the title had been satisfactory. The Osborn negotiation was first started in June, 1910. As far as I know his title was perfectly good, and at any time prisoner waived the question of costs he could have had the money. I knew nothing of prisoner's private affairs. I knew there were papers in the office relating to Mrs. Archinvole's proposed mortgages. Prisoner was interested in land at Dartford, and there was a contract entered into with reference to land in Aldgate, in which he had an interest; I believe there is an action now pending as to it.
Re-examined. The Osborn and Fern negotiations were both broken off in 1910.
Mr. Raven applied that sentence should be postponed until next Sessions, stating that he appeared on behalf of three ladies for whom prisoner had acted since 1908, and he was desirous of seeing whether prisoner could be criminally proceeded against, failing a satisfactory explanation by him, with reference to moneys due by him to these ladies as interest on moneys left them under their mother's will. Civil proceedings were now proceeding. It was also thought that prisoner might give information as to a certain sum of money which it was believed he had.
Mr. Jones resisted the application as being irregular, and as working hardship upon prisoner.
Mr. Justice Bankes stated that he would not postpone sentence, but, in the sentence, he was not taking into consideration the facts placed before him.
Sentence: Three years' penal servitude.
BEFORE THE RECORDER.
(Monday, June 17.)
BRAY, Edwin Hastings (41, clerk) , unlawfully soliciting and inciting Gordon Holloway to steal one cancelled cheque form and one cheque, the goods of Hugh Castle and other;, his masters. Unlawfully soliciting and inciting Henry Whitney to steal one cancelled cheque form and one cheque, the goods of Hugh Castle and others, his masters.
Mr. H. G. Lindsay Davidson prosecuted; Mr. Huntly Jenkins defended.
GORDON HOLLOWAY . I have been for two and a half years clerk to F. and N. Durlacher and Co., 62, London Wall, stock jobbers. Prisoner was employed there up to July, 1911. On March 27, 1912, he telephoned me to meet him in Moorgate Street at 4.35, which I did. He said he was connected with a Rubber Company, and said: "Do you want to make any money?" I said "Yes," and asked him what it was. He said he was rather hard up for money, and asked if I could get him one of the cheque books of my firm, or a blank cheque. I said I could not possibly do that—I could not have anything to do with a thing like that. (To the Recorder. I understood it was stealing. I have access to, and fill up cheques for my employers' signature. He did not ask me to get the authority of the firm.) There are two cheque books which are kept in the safe. Prisoner said he would give me £50 if I could get him a blank cheque. I said I could not have anything to do with it. He asked me to send it to him at 30, Calthorpe Street, Gray's Inn Road, to "Mr. Gordon. "I knew his name was Bray. I then returned to the office, and the following morning reported it to my manager.
Cross-examined. I was a very unlikely person to do anything dishonest. I had always known prisoner as an honest man. I have reported the conversation to the best of my recollection. Prisoner spoke very hopefully of the Rubber Company. My firm is one of the biggest firms of jobbers in the rubber market.
HENRY WHITNEY . I am 18 years old, and have been employed by F. and N. Durlaoher for two years. I have a salary of £50 a year. On March 28 at 3.20 p.m. I met prisoner outside the office; he wanted to speak to me. I said I was busy and arranged to meet him five minutes afterwards, which I did. He asked me how I was getting on, and said, "Why have you not gone to Canada yet?" I had been talking of that while he was with the firm about 12 months before. I said for one reason I never had the money. He said, "Well, I can get you away to Canada with a good appointment, and £50 to go with. I want you to do something for." He asked me to have a drink, which we did, in Wormwood Street. He then said, "How many cheque books have the firm got in the safe?" I said, Oh, about half a dozen." He said, "I want you to get me some blank cheques. Would not it be an easy matter for you to get a sharp knife and cut a page of blank cheques out of one of the books?"—our cheque books have three on a page. I said it was a bit risky, and would require thinking over. I said, "I really
cannot get them now as some new packets of cheque books have come up from the bank and I shall have to break the parcel to get a new book out." He said, "How long will they be before they open the parcel?" I said, "About a week." He said, "All right, we shall have to leave it for a week then." He then asked me to get a cancelled cheque with Mr. Hugh Castle's signature on, and that I could easily get one from the cupboard under the counter—they are kept there in bundles. He asked me to meet him on Thursday, the 30th, at the corner of Great Winchester Street, at 12, with the old signed cheque. I reported it to the manager next morning. (To the Recorder. I wanted to think it over; I understand it would be stealing.) Under instructions I kept that appointment; prisoner did not come.
Cross-examined. He left of his own accord with a good character to go into an insurance office.
Detective FREDERICK HUTTON , City. On May 18 I saw prisoner after his arrest at Vine Street police station. I told him I had a warrant for his arrest, charging him with inciting persons to steal blank and paid cheques, and that he would have to accompany me to Old Jewry. He said, "I have a clear conscience. Who gave the information, and who took out the warrant? I told him that Holloway and Whitney were the informants, and that the Commissioner had applied for the warrant. He said, "All right." I took him to Old Jewry in a cab. On the way he said, "Why should I do a thing like this? I could have stolen thousands of pounds of securities while I was with the firm and they would never have known." I read the warrant to him. He was then taken to Moor Lane police station, charged, and made no reply; the following Monday he was brought up before the Alderman, remanded till next day, and committed; he reserved his defence and witnesses.
EDWIN HASTINGS BRAY (prisoner, on oath). I live at 10, Fassett Square, Dalston, and have been for 10 years a member of the Stock Exchange, having been clerk to my father, before I became a member, for two years. My father was not a member; he was in H. M. Navy. I have never before had a charge made against me. I was clerk to, prosecutors as stated; after leaving them I came in contact with a Mr. Dancocks who wished to place a number of vendor's shares in a rubber substitute company, of which the ordinary shares had all been placed, and said if I could assist him he would give me a very liberal commission. I had on March 27 shown a rubber substitute to Holloway and four other clerks at Durlacher's. The evidence of Holloway about the conversation is substantially accurate, as is H. Whitney's evidence, except that I did not definitely promise £50, but said it would be worth it to him. My reason for asking for the cheque forms was that I had been trying for a considerable time to place the shares without success, and I wished to induce people to believe that Messrs.
Durlacher (who were the biggest known jobbers in rubber properties? had become interested in this company so as to enable me to get a start with other people. I only intended to fill the cheque up as a dummy to induce people to think I was in touch with Durlachers. It was intended as a misrepresentation.
Verdict, Guilty, with a recommendation to mercy on account of the prisoner's previous good character.
Sentence: Twelve months' imprisonment.
THOMAS, George (36, bookmaker), and EVANS, Thomas Whitty (32, bookmaker) , both breaking and entering the dwelling-house of William Lucas and stealing therein one razor and other articles, the goods of Charles Lucas; Thomas, breaking and entering the dwelling-house of Frederick Bosworth Booth and stealing therein one overcoat and other articles, his goods, and feloniously receiving the same.
Mr. T. Wing prosecuted; Mr. St. John McDonald defended.
Prisoners were tried on the first indictment with regard to Lucas.
EMMA LUCAS , wife of William Lucas. I and my husband live at 23, Inglewood Road, Clapham, with my stepson, Charles Lucas. On May 9, at 3.30 p.m., I went out with my husband, leaving the house empty, the front door locked, the windows closed, and the house secure. We returned at about a quarter past four, I went towards my door and 1 saw Evans come out of the gate. I said, "Did you want anything at our house, because I saw you come out of the gate." He said, "I want a man of the name of Engle, Inglewood Road, a solicitor." I said. "I do not know the name. "I put my latch-key in the door and found it would not turn. I tried to look in the windows, the blinds were down. I looked through the flap of the letter-box and saw Thomas coming down the stairs. I cried out, "What are you doing there?" He came down to the bottom of the stairs and turned to the back of the house. I went to No. 25 and then to No. 21. I thon saw Thomas coming out of No. 27. I said, "That is the man that came down the stairs"; he ran, and some men ran after him. I saw him brought into the dock the next morning at the police court. I also picked Evans out from eight or nine other men, and identified him as the man I had spoken to at the gate.
Cross-examined. The aperture of the letter-box would be about two inches. I saw Thomas's face quite clearly. I was not nervous. When I went to identify Evans I was with a lady who came for company. I did not see him placed in the row through a glass door. There were several policemen there, none of them spoke to me on the subject. 1 just went into the room and looked at the men. No photograph or print was shown to me; no officer pointed out the man to me. I had given a description of Evans as a stoutly built man, pale face, clean shaven, wearing a bowler hat and blue suit, and carrying an umbrella.
WILLIAM ASHFORD , 42, Laitwood Road, Balham, plumber. On the afternoon of May 9 I was working at 37, Inglewood Road, when I heard screams, I went to the back, and saw several people looking out of the windows. One shouted, "He has gone to the front." I ran to
the front garden when I saw Thomas running up the road towards Clapham Common. I followed; he turned round the corner and disappeared. I then saw him in the next road, Cavendish Road, and shouted to two men who were there, "Stop him," which one of them named Buff, did. I came up, recognised him as the man I had seen, and we took him to the station. On the road when we reached Clear Avenue, he muttered and wanted to turn that way. We took him to the station and asked for him to be detained, I returned to the house, No. 23, looked at the place where I had stopped Thomas, and found jemmy produced on the pathway.
Cross-examined. I did not see anyone running in front of Thomas. There were a good many people about after we had stopped him. The police did not search him in my presence.
ARTHUR JAMES RUFF , 44, Honeybrook Lane, Wandsworth, plasterer. On May 9 I was working in Cavendish Road, the next turning to Inglewood Road, when I saw Thomas running. Ashford called out, "Stop him—Stop "Stop" I ran to Thomas and said, "Stop, you are wanted." He said, "Not me, sir—the one in front," pointing to a gentleman who was walking with a paper under his arm. I pushed him into the bush, Ashford came up and said, "Take him to the station, there is a lady screaming. "When we got to Clear Avenue he said, "Not that way, this way. "We took him to the station, and he was detained. I afterwards saw Ashford pick up jemmy produced at the place where I had caught Thomas.
Cross-examined. The other man may have gone down Clear Avenue. When we got to the station there were two sergeants, who took him to the inspector's room. I did not hear them make an accusation against Thomas.
Police-sergeant WILLIAM DAVIKS , 3 W. On May 9 I was in charge of Cavendish Road Police Station, Balham, when Thomas was brought in by Ashford and Ruff; I took him to the inspector's office. Ashford said, "We heard a woman shout, saw the prisoner running, chased him, stopped him, and brought him here." He was taken to the charge room and searched; nothing connected with this case was found upon him. Sergeant Brown brought in box (produced) containing a Gillette razor, and said to Thomas, "Here is your box. "Thomas said, "I know nothing about it, it is not mine."
Sergeant HERBERT BROWN , 119 W. On May 9 I saw Thomas brought into the inspector's office. He stood leaning against the table with his right hand behind him, holding box produced. He was then taken to the charge room. I picked the box up, and took it to him, and said, "Here is your box." He said, "It does not belong to me. I said, "You had it in your hand just now when you were leaning on the table in the inspector's office." He said, "I do not know anything about it, it does not belong to me." At 5 p.m. jemmy produced was brought in by Ashford and Buff. I went to 23, Inglewood Road, and found marks or ridges on the door, which was freshly painted; they corresponded with the jemmy; the marks were quite new. The fences dividing the back gardens are about five feet high; any active man could easily get over them.
Cross-examined. Ruff and Ashford came back with the jemmy 35 to 45 minutes after Thomas was brought in.
CHARLES LUCAS , 23, Inglewood Road, chartered secretary. On May 9, about 6.30, when I returned horn, I found there had been taken from my bedroom the Gillette razor in case produced, also a Gillette stropping machine, a pair of gold enamelled sleeve links, the back part of a combination pin and stud, silver match-box, and purse containing three camera slides, value £3 to £4. I had seen all the articles quite recently.
Cross-examined. I am quite sure the Gillette razor produced is mine.
Detective-sergeant DAVID EDWARDS , W Division. On May 10 at 1.15 a.m. I went with Sergeant Kenwood to 9, Calthorpe Street, Gray's Inn Road; on the first floor back room I saw Evans undressed, about to get into bed; a woman whom I know as Byfield was there. I said to Evans, "We are police officers, and I shall arrest you on suspicion of being concerned with a man in custody named Thomas in breaking into a house at Inglewood Road, Balham, this afternoon" He said, "Balham? I do not know where that is." I told him to dress, which he did; I found in the room 16 pawn tickets, not relating to this case; also two tramway tickets (produced). I said, "Where did you get these from?" He made no reply. At 9.30 a.m. that morning at Balham police station he was put with ten other men of similar ppearance and class of life. The Inspector said, "Do you object to any of these men," and he said, "No." Mrs. Lucas was brought in and at once picked him out. He was then charged and, in reply, said "Good Lord, I know nothing whatever about it."
Cross-examined. I was not with Mrs. Lucas before she went in to identify Evans. She was at first in the waiting room, and afterwards in the inspector's office. No officer spoke to her or showed her a paper or photograph of the prisoner Evans. We had not got his photograph at all.
(Tuesday, June 18.)
Detective-sergeant DAVID EDWARDS, re-called. Further cross-examined. There is a glass partition in the inspector's room—you could not see the men put up for identification. Six or seven people were called to identify Thomas in regard to other cases of house-breaking, but failed to pick him out. No one was called in reference to this case who failed to identify him. I asked Thomas his name and address; he gave his name as Thomas and occupation as a bookmaker, but refused his address. Byfield (Mrs. Baker) said that Evans had not left the house yesterday.
Detective-sergeant JOHN KENWOOD , E Division, corroborated the last witness. I know both the prisoners, and have seen them together on four occasions at intervals of a fortnight previous to May 9; I cannot give the exact dates.
Bridge, via Westminster, to Merton. On May 9, at 2.2 p.m., two tickets (produced) from Waterloo Bridge to "The Plough," Clapham, were given by me. I produce my way bill.
Cross-examined. The way-bill is marked in error "9-4-12," it should be the 5th month. I noticed that after I had given evidence at the police-court. I know it was May because I have verified it with the line way-bill—I am sure it was May 9.
THOMAS WHITTY EVANS (prisoner, on oath). I live at 9, Calthorpe Street, Gray's Inn Road, and am a bookmaker. I do not know where Balham is, I had nothing whatever to do with this house-breaking, and was nowhere near Inglewood Road. On May 9 I was unwell and was disappointed about some money I had expected from my brother to go to Chester races, and stayed at home all day till 5.30 p.m. Mrs. Baker has been living with me for the last five years. About 4.30 p.m. Holmes, a shoe repairer, called about some money I owed him. On May 10, at 1.15, Sergeants Edwards and Kenwood came and said, "I am going to place you under arrest for being in company with a man to-day in a burglary in Balham." I said, "Balham? I do not know where it is. "I was in my pyjamas, and said, "Wait a minute, I will dress. "Other officers came in and searched the place. The detective picked up the two tram tickets produced, and asked, "Do you know anything about them?" I said, "No." Mrs. Baker said, "I will answer for them. "I have met Thomas at race meetings; he stands up betting; I have not been with him at night time; I was not with him on May 9. When I was put up for identification there was not a man there like me. I wore a blue tie, and collar quite different from any of the other men. As I came from the cells I saw through the glass partition Mrs. Lucas with a police officer. He had a paper in his hand, and was pointing in my direction. There were ten or eleven officers present. The identification I consider very unfair; a plain clothes officer sat down next to me and said, "There you are, Tommy, they have done it for you." I said, "That is very unfair, there is not a man among them like me."
Cross-examined. I say the policeman pointed me out to Mrs. Lucas before she identified Mr. Holmes has known Mrs. Baker since she was a baby. I knew Thomas was living somewhere Balham way, but I thought Balham was over the water. I may have met Thomas occasionally, seen him on the station going to races, or had a drink with him.
MAUD BAKER , 9, Calthorpe Street. I have been living with Evans as his wife for five years. My maiden, name is Byfield. I have been married thirteen years to Mr. Baker. On May 9 Evans remained in until 5.30 p.m. At about 12 Holmes came for 6s. I owed him, and about some boot repairing. I asked him to pawn something for me, as I could not pay him. He came again at 3 p.m., stayed till 5 p.m., and had a cup of tea with Evans and myself. I produced the pawn ticket for a rug and picture which were pawned for 2s. 6d. It was
early closing day and the pawn shops close at 1 p.m. The tram tickets belong to a gentleman whom I met at about 8 p.m. in Southampton Row and took home. He gave me a shilling to get a bottle of Guinness with, and accidentally took out two tram tickets and put them on the table. Thomas has never been to my house. I have seen him once or twice at race courses.
Cross-examined. I had not been out all day except to go to the corner to get some milk.
WILLIAM HOLMES , 19, Drummond Street, Euston. Road, shoemaker and old-age pensioner. I have known Mrs. Evans since she was 14 or 15. On May 9 I called just before 1 p.m. at 9, Calthorpe Street, Mrs. Baker owed me 6s. for repairing boots. Evans was there. As she could not pay me she asked me to pawn two articles for her, on which I got 2s. 6d. I returned at about one and gave her this; she said, "If you come back later I will give you 3s." I returned at about 3 p.m., and she gave me 3s. I remained there and had a cup of tea with Baker and Evans.
Cross-examined. I was asked to give evidence and went to the South-Western Police Court, but was not called in; I could not understand it I was told they had been committed there and then. I spent 6d. in going there, and lost my time. Baker has not told me why I was not called.
GEORGE THOMAS (prisoner, on oath). On May 9 I was living at 17, Kate Street, Balham. I was on Clapham Common, and wanted to go to the lavatory; no public lavatory being in sight I walked down the opposite turning, Cavendish Road, past the police station, made use of some waste ground, and returned up Inglewood Road, when I heard a cry, "Stop him," and saw a man running in front. I took up the running and turned a corner into Cavendish Road. About 40 or 50 yards from Clear Avenue the man stopped running and began to walk sharp. Ruff shouted to me to stop. I said, "Not me—the man in front He caught hold of me and pushed me against the fence and into a bit of bush. Ashford came up, seized me by the hand and led me towards the station; as I got to Clear Avenue I said, "This is the way," and motioned to go down there after the man. They took me to the station. I know nothing about the razor produced. It was quite impossible for me to have put it on the table. The jemmy could not have been in my hand nor up my sleeve or in my pocket, as the witnesses would have seen it. I never came out of 27, Inglewood Road; I was never in 23. When taken to the station I was put into the inspector's office. Ashford and Ruff then let go of me for the first time. There was a sergeant behind me and another in front. I was searched and half an hour afterwards Brown brought this case to me and said, "Thomas, does this belong to you?" I said, "It does not belong to me, I have never seen it before." He said, "While I was in the office I saw you put it on the table." I denied it. I had never seen it before. I was put up for identification, seven or eight people came to identify me, including two Women; they all failed to pick me out. I believe one of them was the woman from No. 27, Inglewood Road. I have written to the Commissioner of Police and asked that
an officer should be brought here to prove how the razor case was handed to me.
Police-constable ALBERT PONT , 850 W. I was on duty in the charge room at Balham Police Station, when Thomas was brought in by Sergeant Davis; Brown immediately followed with the razor and said, "Here is your box." Thomas said, "No, that does not belong to me." Brown said, "I saw it in your hand" Thomas said, "No. not me." This was two seconds after he was brought in.
Verdict (both), Guilty.
Thomas was then indicted for that he is a habitual criminal.
Detective-sergeant DAVID EDWARDS produced and proved the service of the notice. On May 14 at South-Western Police Court I asked prisoner if he could give me any information as to where he was employed since his release on January 29, 1912. He said, "I have been working as a bookmaker's clerk on racecourses. I have also had a shop—you find out where. I beat them last time, when they tried to do me as a habitual" He refused his address when arrested.
Detective-sergeant GEORGE PRIDE , N Division, proved the following convictions: June 6, 1905, three and a half years' penal servitude and two years' police supervision for receiving, after a previous conviction of felony; July 6, 1909, City of London Sessions, 15 months' hard labour for attempted housebreaking; September 6, 1910, at this Court, 20 months' hard labour for housebreaking and attempted housebreaking. He was released on January 20, 1912. Eight previous convictions were recorded before June, 1905.
GEORGE THOMAS (prisoner, on oath). The notice was served on me on June 3 between 4 and 5 p.m. by Sergeant Edwards. He did not ask me if I had done work; he never mentioned the entry. I asked what I should have to prove to do away with this here detention. He said, "You will find all about it in there." After I came out on January 26 I worked from January 29 for two months for Materson, provision merchant, Long Lane, Smith field. I then went direct to T. J. Fitch, 145, High Holborn, egg merchant, and worked for him till the end of April. Before my arrest I had taken a shop on a three years' agreement at 54, Neal. Street, Shaftesbury Avenue, to start a provision business for myself, got stuff in, but I could not develop any business. The first month's rent was due on May 9, the day of my arrest.
Verdict (under the direction of the Judge), Not guilty.
Evans confessed to having been convicted at Clerkenwell Sessions on February 4, 1902, of possession of house-breaking implements. Eight other convictions were proved, with sentences including 12, 12,
9, and 15 months, and also on March 28, 1911, three months' hard labour for living on the prostitution of the witness Baker.
Sentence (each prisoner): Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Monday, June 17.)
Mr. H. W. K. Ryan prosecuted; Mr. Purcell defended.
BESSIE HARVEY , general servant. On May 13 I was in the "Welsh Harp," Hendon, having a glass of stout. I came out and went into the grounds at the back. I met the two prisoners, who came straight in front of me; Julian asked me for my purse, which I had in my hand. I had never seen them before. I said to Julian, "You are a stranger to me." He said, "I'll show you," and he gave me a blow under the left eye. Then he gave me another one and I fell to the ground. The other prisoner said, "I think you have given her enough. "I remember no more till I was found by the police. There was 2s. 10d. in my purse, which I found had gone. This is it. It was not in two pieces when I had it.
Cross-examined. It was two o'clock when I was in the "Welsh Harp." I live with a friend at 13, Old Place, Harrow Road. I was at home that day till one o'clock, and feeling queer I went to the Welsh Harp" by bus. I did not at the "Welsh Harp" go after Julian and say I had no money and ask him to buy me a drink. I had only two glasses of stout that morning, one at home and one in the public-house. I did not speak to Julian outside the "Welsh Harp" nor ask the prisoners where they were going. It might have been by then 5.45. We did not the three of us walk to the "Lower Welsh Harp," and I did not complain of feeling giddy. I did not fall down and Julian pick me up. Julian went away after giving me what he did. He did not say he was going to his sisterin-law's to get a bed and then go away. A little while after Lawrence did not leave me and return in about half an hour and wake me up and then pull up my clothes. I remember nothing after the blow. I cannot say which of the two prisoners took my purse.
WILLIAM BOWER , divisional surgeon. I examined prosecutrix at 8.50 p.m. on May 13. She had a very severe bruise on the left eye; the eye was completely swollen; I could not separate the lids. I found no traces of injury on the head. She complained of no other injuries. The eye was not injured by anything sharp; there was no cut. I do not think the injury was the result of a fall on the ground; it was absolutely consistent with a blow.
Cross-examined. The injury to the eye was more likely to have been caused by a blow from a fist than by falling against something.
Re-examined. I thought prosecutrix was under the influence of drink.
Police-constable GEORGE KETTLE , 683 X. On May 13 at 7.50 I was on duty in Edgware Road, and in consequence of information I went to a plot of waste land off Dallas Road, where I saw prisoner Lawrence lying on the ground with prosecutrix. He saw me and ran off. Prosecutrix was partly unconscious, with a very bad black eye. She aid he had robbed her. Her clothes were disarranged. I went in search of Lawrence and detained him.
Cross-examined. I could not see that Lawrence was lying on top of the woman; there was very long grass there, He was lying by the side of the woman. When I arrested him his trousers were undone.
NORMAN DARE SMITH , Brenthill House, Hendon, estate agent. On May 13 Lawrence jumped over a fence and crossed the tennis lawn attached to my house. I went after him with our foreman, came up to him and sent for the police. He could hardly stand; his clothes were all undone in front and torn.
Police-constable ARTHUR GARDINER , 70 8R. On May 14 I went to Dallas Road and looked for a puree. I found this piece lying on a manure heap and this other piece the other side of the manure heap, also this piece of comb.
Cross-examined. At the spot the grass was bent down as if somebody had been lying on it.
Police-constable ARTHUR STEVENS , 104 S. On May 13 last I saw Lawrence detained at Hendon Police Station. I told him he would be charged with robbing and assaulting prosecutrix. He said, "I did not have her purse or money and don't know who the other man is." He was charged and made no reply. When I first saw prosecutrix she was semi-unconscious; she afterwards recovered, and pointing to Lawrence said, "That is one of the men, that is the one who was walking behind." At 4.45 next afternoon I saw Julian at the station and told him he would be charged with being concerned with Lawrence. He made no reply. When charged he said, "No, it is wrong, I used no violence towards the woman."
Police-constable ALFRED CRIDLAND , 266 X. On May 14 I arrested Julian at Crickle Wood. I told him I should take him into custody for violently assaulting a woman and robbing her the day before. He said, "I should think so, do you want to hang me?" I cautioned him. On the way to the station he said, "If I had known this was going to happen you would not have had me; I saw what was going to happen, so I left her; we all came through here together. "At the station, before he was charged, he said, "I admit being with the woman; we all had several drinks together; I laid her down in the field as she was drunk; I left my mate with her." When charged he said, "No, it is wrong, I used no violence towards the woman." I searched him and found upon him a razor, a table knife, broken, a pocket-knife, a spoon, and compass.
Lawrence's statement before the magistrate: "I do not desire to say anything."
Julian's statement before the magistrate: "I came out of the work-house about 9.20 and turned towards Mill Hill, met Lawrence a little way up the road. We had drinks together. I told him I was going to Mill Hill to look for some work. I did not wish to detain him if he wanted to go anywhere else. We went to Mill Hill, left there about 1.15 p.m. I first met prosecutrix at the "Upper Welsh Harp" and Lawrence in my presence saw the woman standing near the Welsh Harp. "She spoke to me and asked me where I was going. I said down towards the bottom Harp." She said, "I am coming with you." We walked through the footpath through Dallas Road to the Midland Hotel, where we had two or three drinks. We turned back through to the footpath, where the woman fell down. I picked her up, laid her on the grass by the dung heap in the presence of Lawrence, who was with me, when I told him I was going to my sister-in-law's at the bottom of the road, Brent Cottage. The woman was quite all right when I left her, except suffering from the effect of beer. It was about 6.30 p.m. as near as I can tell.
FREDERICK JULIAN (prisoner, on oath). I am married and have three children. We met prosecutrix at the "Welsh Harp," and Lawrence, the woman, and myself all had drinks there. I paid for them. We then went to the Midland Hotel and had drinks there. We all came out and the woman stumbled and fell. She was suffering from the effects of drink. I did not strike her.
Cross-examined. When the woman fell she did not appear to be hurt.
Re-examined. She stumbled two or three times.
WILLIAM LAWRENCE (prisoner, on oath), 39, Oak Road, Cricklewood. We met prosecutrix at the "Welsh Harp." She asked Julian to fetch her out a drink. We all went in and we each had two drinks. We went out and the woman said, "May I come with you?" We all went to the Midland Hotel, where we had several drinks together. On coming out the woman stumbled and fell over the side of a tree. We picked her up and she fell down again; she was in a drunken condition. We picked her up and laid her on the grass. I went away and came back half an hour afterwards. She was still lying there. I noticed then she had a very swollen eye. I pulled up her clothes. I then saw a policeman and ran away. I never struck the woman.
Cross-examined. When we first saw the woman she had had enough to drink. When I went back to the woman she was fast asleep. She was drunk.
Verdict (both), Not guilty.
COLLINGHAM, Robert (34, butcher) , assaulting with another person unknown Arthur Edward Byworth and robbing him of three pairs of earrings, 12 rings, two brooches, five jewel cases, and £30 in money, from his person, with violence.
Mr. F. C. Wynn Werninck prosecuted; Mr. Purcell defended.
Detective CHARLES PELL, C Division, produced plans for use in the case.
ARTHUR EDWARD BTWOETH , jeweller, 24, Hatton Garden, Holborn. I generally have my lunch at the Cambrian Stores, Glasshouse Street, Regent Street, just before three o'clock. On May 20 I got there a few minutes later than my usual time. I was carrying my usual brown leather bag. This is it. I sat down at table marked 3 on the plan, facing the counter with my back to the rest of the tables. I sat at the short end of the table. There were four or five people dining there; one or two I knew. I was just finishing my meal when I received a push on the side of my neck, pushed against the wall, and at the same moment my bag was seized from my right-hand side, where I had placed it. I jumped to my feet and saw prisoner, wearing a light grey coat, dash out of the door leading to the staircase. I followed him out. At the top of the landing I was met by another man, who tripped me up with his foot. I was thrown down the first flight of stairs on to the landing midway between the two flights. I jumped up immediately and rushed down the remainder of the stairs into Glasshouse Street. As I ran out I saw prisoner running round the corner, carrying my bag in his hand. I ran after him and shouted out, "Stop thief!"The chase was taken up by dozen of people. Prisoner dashed across the road through the traffic. I rushed after him. A few minutes afterwards I saw him being brought back by a constable. I was told my bag was safe. I followed to the police station and charged prisoner with robbery.
Cross-examined. I had not noticed anybody sitting behind me before I felt the push in my neck. I saw the side of the face of the man I say was the prisoner, as he dashed out of the room, and also noticed his clothes. I said nothing at the police court about seeing his face. When I got out of the door and saw the thief he might have been 25 to 30 yards away; he was running. When I got to the stairs the waitress was standing in the middle of the room, I believe; I noticed she was there. She ran after the thief as well.
Re-examined. I noticed the coat of the man who went out with my bag: it was grey colour. Prisoner when brought to me by the policeman was wearing a grey coat.
VIOLET IZARD , waitress, Cambrian Stores, Glasshouse Street. I know prosecutor as a customer of ours; he generally comes to lunch about three o'clock. I know prisoner as one of our customers; he used to come about twice a week between 2.30 and 3, generally with
one particular man, whom I should know if I saw him. On May 20 prosecutor was dining at the Stores and prisoner came in afterwards. His companion came in afterwards, not with him. He sat at a different table to prisoner. The table marked 3 on the plan is where prosecutor sat, and prisoner sat at No. 7 facing Mr. Byworth's back. His friend sat at No. 4 table. Prisoner had his lunch served and put the money down. I asked if he wanted to pay now and he said, "Yes, he was in rather a hurry." It is not usual to pay so soon. As soon as he had finished his lunch he got up and took prosecutor's bag. I was then standing beside the wagon in the middle of the room. I saw prosecutor get up and run after him. I am quite sure it was prisoner who took the bag. He was ressed in a light grey coat. I went to the door and when I got there another man put out his arm and prevented me going out; he was the man who had been in with prisoner before at lunch. I went to the window and shouted. I saw prisoner and prosecutor running alter him, just turning the corner. I could not see prisoner's hand. I next saw prisoner at the police station with eight or nine other men and picked him out as the man who took prosecutor's bag. I had no doubt about him.
Cross-examined. I serve about 45 lunches a day; there is another waitress there. I do not know that it is the practice in West-End restaurants to put the money down when the meal is served. Prisoner did not say, "I am always in a hurry" he said, "I am in rather a hurry to-day." I did not hear prisoner say at any time, "This comes of helping people." I have no doubt he is the man who put the money down on the table as I served him.
Re-examined. I had served prisoner on previous occasions, and he always paid in the usual way, when the meal was finished.
(Tuesday, June 18.)
VIOLET IZARD , recalled, further cross-examined. I afterwards, on the same day, saw the man who was sitting at prosecutor's table at the station with the prosecutor. I do not know his name. I had known him as a customer.
KATE WILSON , head barmaid, Cambrian Stores, Glasshouse Street. I am in charge of the bar and dining-room on the first floor. We have about 45 customers to lunch a day, mostly the same people. Prosecutor, who is a regular customer, generally comes at about 2.30 p.m. to 3, when we are slack. Prisoner has been to our dining-room about once or twice a week for the past three months between 2.30 and 3; he generally came with a friend and sat at the same table with him. On May 20 prosecutor came and sat at table No. 3, and prisoner came and sat at table No. 7; his friend sat at No. 4, which was unusual. A stranger was sitting at No. 9. Prisoner had ordered a chop and chip potatoes, and I took them from the lift and handed it to Miss Izard, Who was serving him. She took it to his table; I noticed nothing particular. I went down to the lower bar, when I heard a noise of somebody falling down the stairs. I went to the foot of the stairs on
the ground floor and saw prosecutor running out of the door shouting "Stop thief 1 "I saw nobody else. Prisoner was wearing a dark grey suit and a cap.
Further cross-examined. Prosecutor's friend was sitting by the side of him on this day. I did not go to the station. My statement was taken about two days after. The stranger at No. 9 was sitting by the window looking towards No. 10.
JOHN JOHNSON , publishers' traveller, 16, Bouverie Street, E.G. About 3 p.m. on May 20 I was in Glasshouse Street, when I saw prisoner running with a brown bag in his hand; he had a grey jacket suit on As he passed me I heard somebody shout "Stop thief!" as he passed me he left the pavement and went into the middle of the road, within two yards of me. I looked round and saw prosecutor outside the Cambrian with no hat, pointing to prisoner, shouting. "Stop thief!" As prisoner turned the corner into Regent Street I gave chase, calling out "Stop thief!" several times. Several other people gave chase. He ran up the street about a dozen yards; he then crossed, and dodged through the traffic about another dozen yards up the middle of the read. He got to the of her side, a few yards in front of me; I kept him in view all the time. He then dropped the bag into the gutter, and I ran to it and stopped there. I saw prisoner turn round Heddon Street, followed by a crowd and a policeman. He was brought back to me and I gave the policeman the bag and followed to the station.
Cross-examined. When prisoner passed me I was standing facing the road. When he turned into Regent Street he was about 10 or 12 yards in front of Mr. As he was crossing the road two busses going to Oxford Circus passed between him and me, but I could see him through their; there was no traffic coming down from Oxford Circus. No vehicle, were drawn up old the other side of the road at that spot. A good number of people joined in the chase. I am quite positive in my own mind that the man I saw with the constable afterwards was the man whom I had seen throw the bag away; I had a full view of his face when he passed me in the first instance.
Police-constable HENRY ALLEN , C Division. At 3 p.m. on May 23 I was on duty about five yards from the end of Heddon Street, nearest to Oxford Street, when I saw prisoner run out of that street followed by a crowd of people, shouting "Stop him!"I ran after him and caught him at the corner of Warwick and Beak Streets. He said nothing. On the way to the station we met prosecutor in Heddon Street. He said, "That is the man that stole my bag." Prisoner said nothing. At the station he was charged. When I was telling the officer on duty that he made no remark on arrest, he said, "Did I not say to you when you arrested me 'This is what you get for helping?' In reply to the charge he said, "Not guilty."
Cross-examined. I should say about 20 people were following about five or six yards behind him when I first saw him; they crossed the road after him. I got to the head of the crowd, and there was nobody in front of me when chasing him. When I came up to him he was out of breath. I said to him once only, "You must come with me to the station." He did not say, "What's up?" I believe Mr. Boucock was
at the station. Detective-sergeant West only took a statement from the prosecutor, as far as I know.
Detective-sergeant FREDERICK WEST . At about 3.20 p.m. on May 20 I was on duty in Vine Street when Police-constable Allen brought prisoner in. He was charged with stealing a bag and assaulting prosecutor. On being searched he said, "You have made a big mistake; I do not know anything about it. I am a respectable man, and was at work at three o'clock this morning in the meat market." In consequence of certain inquiries I made at 5.30 that evening I put him up for identification with eight other men. He was immediately identified by Violet Izard, who touched him and said, "This is the man." Prisoner said, "Yes, I admit I was there in the house." I said to her, "Whom do you identify him as?" She said, "The man that stole the bag." He said, "I understand." On June 1 I served him with the notice of the additional evidence of Kate Wilson. He read it and said, "She is a damned liar,"
Prisoner's statement before the magistrate: "I reserve my defence."
ROBEET COLLINGHAM (prisoner, on oath), 17, Peter Street, Islington. I have been for nine years and am still in the employ of Archer and Salsberger, meat salesman, Smithfield Market; Mr. Archer is one of my sureties. Before then I was employed for four years by Mr. Jiggins and I gave my present firm his name when entering their employ. Before May 20 I had never been in the Cambrian Stores. My usual hours of work are from about 3.45 a.m. till 1.30 or 2 p.m. On May 20 I was finished at 1.15 and I went to a Mr. Davies, a tailor in Farringdon Street, to get measured for a suit of clothes. I then rode to Tottenham Court Road where I got off and went through various back streets about there to try and find my father, who is a journeyman tailor at 23, Great Titchfield Street, among the mobs of tailors who were on strike. About 2.20 I found myself outside the Cambrian, in Glasshouse Street; I did not know then the name of the street. I had a look at the bill outside and went upstairs and sat at No. 7 table. When the food was put in front of me I asked the waitress how much; she told me, and I put the money on the table; it is the practice in the places where I go to at Smithfield to pay for your food as soon as you get it. She said, "Are you going to pay before you eat it?" I said, "I am always ready to pay," or "I am in a hurry to pay." I did not say, "I am in a hurry to-day." I had just finished, when a man dressed in a dark suit and a felt hat came by me and picked up a bag off the floor or a chair by the side of two gentlemen sitting by table No. 3. One of them shouted, "Stop him!" and shuffled about on his chair. I jumped up and ran out of the door after him. As I went down the stairs another man was standing just inside looking up. I said, "Stop him" and he bolted out of the door and turned to the right. When 1 got to the bottom of the stairs I ran into Regent Street; I saw three or four people running towards there. They crossed the street and I followed them; there was too much traffic for
me to see whether anyone was carrying a bag. They ran into Heddon Street and when 1 got there were about 20 standing there; they had lost the man. The street was blocked with vans. This man came round from behind a van as it was turning at the top of the street. I ran after him into Regent 'Street shouting, "Stop him!"A crowd of people followed him. He crossed the street and I lost sight of him at the corner of Beak Street. I was making my way back to the "Cambrian when the officer caught hold of me. I said, "What's up?" He said half a dozen times, "You must come to the station." I said, "You have made a mistake. This is what I get for helping." I was taken to the station. I there saw the old gentleman, who had been lunching with prosecutor; I heard his name was Boucock; he described the man who took the bag as wearing a dark suit. Ha was afterwards at Marlborough Street Police Court, but they would not call him. On May 20 I was wearing a grey suit, which was my best.
Cross-examined. I (had never seen the man in the dark suit before. I do not know what table he was sitting at; he came up from behind me. It was a "greenly" colour suit, and he was a man of about my own height. I did not notice whether he struck prosecutor. Miss Izard and prosecutor must have heard me shout, "Stop him!"Prosecutor was still at the table when I ran out after prisoner. When Mr. Boucock said, "It was a man with a dark suit, I said, "It could not be me; 1 had got a light one."
WILLIAM FREDERICK ARCHER (of Archer and Salsberger, meat salesmen, Smithfield market), who had employed prisoner for the past nine years, ROBERT FRANCIS GARMAN , and ARTHUR GEORGE FELTON HOOD , manager and salesman to this firm, JOSEPH HERDAGE , master butcher, Lewisham, who has known prisoner ten years, and HERBERT COLLINGHAM , master butcher, Lewes, prisoner's brother, all gave evidence as to the excellent character borne by him.
A. E. BYWORTH, recalled by the Court in the course of Mr. Werninck's closing speech on behalf of the prosecution, stated that his bag contained about £500 worth of jewellery, and said that it was his custom to carry a large amount. The jury disagreed.
BEFORE JUDGE LUMLEY SMITH.
(Monday, June 17.)
STONE, William Albert (59, baker), HOLE, Alice (39), AUSTIN, William (40), and STONE,William James (30, baker); W. A. Stone committing wilful and corrupt perjury; Austin committing wilfull and corrupt perjury; Hole and W. J. Stone committing wilful and corrupt perjury; all conspiring together to defeat the ends of justice by committing wilful and corrupt perury; W. A. Stone having been adjudirated bankrupt did unlawfully obtain credit to the extent of £20 and upwards from Parker Brothers (Mildenhall), Limited, and from Murk Mayhew, Limited, without informing them he was an undischarged bankrupt.
Mr. Travers Humphreys prosecuted; Mr. F. L. Ratio defended W. A. Stone, Mr. Bickmore defended Hole; Mr. Curtis Bennett defended Austin; Mr. Williams defended W. J. Stone.
W. A. Stone was first tried upon the indictment for perjury. ERNEST H. JACOBS , clerk, Central Office, Royal Courts of Justice, produced the documents filed in an action of Parker Brothers (Mildenhall), Limited, v. William Albert Stone (trading as A. G. Woods).
ALBERT HOME , traveller to Parker Brothers, Limited, milliners. I first called upon prisoner in April, 1911, at 143, Clapton Common. The name over the door was some Hygienic Bakery Company. He told me his name was A. G. Woods and he was the proprietor of the business. I called more than 12 times after that. I saw a lady there, whom I recognise in Alice Hole. She always called him Mr. Woods. He called her Mrs. Woods. He signed the orders himself in my book in the name of A. G. Woods. (Book handed to the jury.) I received cheques from him. The first two were met. Prisoner signed them himself in the name of Woods. The account went on until prisoner owed my firm £79 13s. 3d. On August 23 I had a meeting with defendant at the Corn Exchange. Our chief director was with me. I saw prisoner write out the cheque (Exhibit 29) and sign it in the name of Woods. The cheque was dishonoured and my firm placed the matter in the hands of their solicitors.
Cross-examined. When I go into a shop I always ask to see the proprietor. If the proprietor is not there we have to see the manager. The buyer is the chief one we want to see. If I see the manager he signs the order.
ARTHUR LESLIE COLEMAN . In June, 1911, I was manager of the Clapton Branch of the London and South-Western Bank. In March, 1911, prisoner opened an account at that branch in the name of A. G. Woods. I knew nobody else as A. G. Woods. Alice Hole used to come as a messenger.
Cross-examined. The account was opened with £25.
EDWARD H. O. SMITH , cashier, Clapton Branch, London and SouthWestern Bank. I know A. G. Woods, a customer of the bank. He is the prisoner. I have known no one else as A. G. Woods. In he pass-book someone has added in pencil against some of the items the word "self." That has not been done by one of our officials.
HENRY GARLAND WELLS , Garland Wells and Fortescue, solicitors, Donington House, Norfolk Street, Strand. My firm acted as solicitors for plaintiffs in the action of Parker Brothers, Limited v. William Albert Stone, trading as A. G. Woods. Prisoner was the defendant.
I first saw him on October 19, 1911. He said he had no defence to the action. He admitted his liability and that he had obtained credit in the name of A. G. Woods. I saw him again on November 1 or 2 after he had been served with the writ, and again on November 6. On neither occasion did he say A. G. Woods owed the money. On November 6 he said he had instructed a solicitor to put in a defence for the purpose of gaining time. He was then making suggestions for a settlement. A summary judgment was signed on December 5, 1911. The first suggestion that he was not liable for the debt was on March 30, when I got a summons asking that the judgment should be set aside.
Cross-examined. I first came across prisoner in September, 1911. I was then acting for a client of mine who had replied to an advertisement of defendant's who suggested my client should go into partnership with him. I drafted the memorandum of association of the Hygienic Welsh Bakery Company, Limited, which was registered on September 20. The company did not undertake all the liabilities. Our costs were £20. Our client paid £10 and prisoner gave us a cheque for £10, which was dishonoured and which our client met by paying in £10. The action of Parker v. Stone went to the Court of Appeal. The endorsement of counsel for the appellant "Appeal dismissed owing to delay of present application to set aside" is not correct. The court took a very serious view of the application. "The witnesses who had sworn the affidavits had been arrested and were to stand their trial for perjury. The court said if counsel did not resume his seat they would be forced to make a lot of observations which would be very adverse to his client and they would rather not go into the merits in order that the trial for perjury should not be prejudiced. They were satisfied that Stone and Woods were the same person and that those affidavits were put in to defeat justice. They did not give an opinion on the case; they merely dismissed it.
JAMES EDMONDSON , Broadway, Winchmore Hill. I am the leaseholder of 143, Clapton Common. On November 24, 1910, I let those premises to prisoner at £125 a year on the usual covenants. I knew him in the name of Albert Hole. I had no application from him for leave to assign. I never knew Woods. Hole is the only person I had any communication with.
Cross-examined. I was not more anxious than landlords usually are to let. It was part of the bargain that he should have six months' rent free. That is a very usual arrangement. I see on the back of the lease there is an assignment Hole to Stone. I never heard that Stone sublet to Woods. I never heard of Woods. I was not introduced to Woods about the time of the opening of the shop. Bills were put in the window, saying the shop would be open on a certain day. I did not pay special attention to them. I did not see Wood's name on them. I will go as far as to swear it was not there. (Bill handed which contained "A. G. Woods, Manager. ") I believe I did see that bill in the window. To the best of my recollection Woods's name was not on it. It was placed in such a position that nobody would notice it.
(Tuesday, June 18.)
JAMES TAPPER , 4, Linda Road, Stamford Hill, journeyman baker. I first knew prisoner in May, 1906. I was then in his service at Wight man Road, Harrigay, where he was carrying on a baker's and confectioner's business in the name of Marshall. He left there and went to another business in Goswell Road, which he carried on in the name of Williams. I went from there with him to Seven Sisters Road, where he traded as Stone. From there I went to 143, Clapton Common, where he traded as Woods; he was manager there. I was there till he left, the Wednesday before last Good Friday. I never saw any other Woods. I knew the lady there as Mrs. Hole. I heard others call her Mrs. Woods. She answered to that name. I knew nobody else as the proprietor except prisoner.
Cross-examined. While I was at Goswell Road prisoner went bankrupt. Mrs. Hole was manageress then. Her name was put up after the bankruptcy, but prisoner was still "boss." I was not at 143, Clapton Common, on the opening day, but the day after. Mrs. Hole was manageress. Her brother-in-law is Mr. Baxter. I did not know him as Woods. He was there after Christmas helping prisoner put things up. I used to go from the Seven Sisters Road shop to 143, Clapton, for an hour or two and help in the bakehouse, and have seen Baxter there. He is taller than me, with a fair moustache. He is not like prisoner; he is younger. I heard he attended race meetings. I last saw him five or six months ago. Goods were delivered at Goswell Road in the name of Baxter and Woods.
ELIZABETH CROMPTON , 64, Upper Park Road, Haverstock Hill. I have know prisoner since August, 1910. I was manageress at 675, Seven Sisters Road. He carried on that business in the name of William Albert Stone. I went to 143, Clapton Common, on two occasions. Prisoner passed under the name of Woods there. I knew the lady who lived there as Mrs. Woods. She is Alice Hole. I did not know any other Mr. Woods.
Cross-examined. I heard the shop girl at 143, Clapton Common, call the lady Mrs. Woods. She used to come with messages to Seven Sisters Road nearly every day. She is a dark girl. She is not either of the Mrs. Stones. I did not know that Alice Hole's brother-in-law was named Baxter till I was at the North London Police Court. He was always called Alfred. I never saw him at 143, Clapton Common.
ARCHIBALD GEORGE FACER , traveller to Mark Mayhew, Limited, millers and flour merchants. I called at 143, Clapton Common, in April, 1911. I asked for Mr. Woods. Prisoner came forward. My firm received a cheque signed A. G. Woods in respect of goods he ordered.
Cross-examined. I called at the shop at the request of my firm. They advised me that Woods was the name of the man who had ordered goods before.
and other documents addressed to A. G. Woods. I also found there a pass-book of the London and South-Western Bank, Clapton branch, in the name of A. G. Woods. I think the writing on the counterfoils of the cheque books is prisoner's. I have seen him write.
Cross-examined. When I arrested him he said, "I know. It is nothing to do with me." He said nothing about the affidavit when I arrested him.
WILLIAM JAMES STONE . I am the son of the prisoner in the dock. I attended at 143, Clapton Common, the night before the opening of the shop. My father took the lease from Mr. Edmondson. Mr. Woods was the proprietor. He is Mrs. Hole's brother-in-law. He exists. I have tried to find him. I never knew him by any other name till these proceedings. He called at 112, Plough Road, where I was after my father was arrested. Mrs. Hole, my brother, and his wife also saw him. The statement in the affidavit that my father swore that he was acting as manager to Mr. Woods is perfectly true. I know Woods was the proprietor of the business, because he told me he ordered the goods himself.
Cross-examined. I was committed for trial at this court on a charge of wilful and corrupt perjury in respect of an affidavit I made to assist my father in his appeal against the order of the Master. What I swore was true. I have not sworn it to assist my father in that sense. Mr. Appleyard's clerk, Mr. Ward, prepared the affidavit. He is in in court. He prepared it from what I told him. I had seen Woods at the Goswell Road shop in 1910. I did not know him by any name, only as Mrs. Hole's brother-in-law. His name was not over the shop. At that time the shop belonged to my father. I thought his name was Hole. I did not address him by any name. I knew my father had taken a lease of 143, Clapton Common. I did not ask about it; I was engaged with my own business. I only occasionally called on my father. I subsequently heard he took the place in the name of Hole. I should think I was there three times. To the best of my knowledge I saw Woods there every time. He was not there after the opening of the shop.
WILLIAM AUSTIN , 6, Leroy Street, Old Kent Road. I am a dealer in musical instruments, rubber, etc. I was introduced to Alfred George Woods, but I always believed his name was Baxter. I saw him at 143, Clapton Common, sitting at the window one day. He was introduced to me as the governor. Stone was there. He told me he was manager for Woods.
Cross-examined. My residence is 30, Rudloe Road, Clapham, my private address 6, Leroy Street, S. E.—one of them. I pay a penny for each letter addressed to me at Leroy Street. It is a private house. I think this was the address I gave when I swore an affidavit. It was the first address that came into my head, the one I use for business purposes. I do not know why I did not give my permanent address.
Woods was not introduced to me as Woods every time. I knew him as Baxter. I first saw him at a baker's shop at Goswell Road. It had the name of Baxter over the door. It had belonged to Stone. I next saw him at 143, Clapton Common, at Christmas, 1910. He was carrying on business in the name of Woods, he said. It did not interest me to ask why. I won't be sure whether I saw him once or twice. I was asked to make an affidavit that I knew Woods to assist prisoner in an action. I thought no harm and said yes. I had a letter from the son on April 17 jogging my memory of an appointment at Mr. Ward's office at 10 o'clock. The son told me it was to prevent his father being made bankrupt. The affidavit was all ready when I got there. I did not agree with the wording; I thought it too strong. I cannot quite remember the wording now. I said something to the effect that if I was to swear I knew Woods I must say I knew him as Baxter. Ward said it did not materially differ. Mrs. Hole said she did not think Mr. Baxter would like it. I asked Ward if it was all in order and if there was anything wrong in it, and he said certainly not, and I abided by his decision.
WILLIAM ALBERT STONE (prisoner, on oath). I entered into an agreement for the shop at 143, Clapton Common, in the name of Hole for this reason: Mrs. Hole had taken a flat at 12, Broadway, and, of course, they seeing me there, knowing I was a baker, they called me Mr. Hole. I did not want to have anything to do with the shop. Mr. Edmondson practically put this down my throat. However, I went and had a look at it. He asked me to give an idea how it could be done as a baker's; it was nothing but bricks and mortar then. I gave the foreman an idea. I entered into negotiations about it. I found it was too heavy a rent and they offered me six months rent free if I would take the place. I declined it. They then offered to fit up an oven. I again declined it. They then said if I did not write a letter accepting they would enter an action against me, or something of that sort. I then objected to the cost of the lease. He brought the lease up and asked me to sign it and agreed to take half the amount of the cost, for which I gave him a cheque. He knew my name was Stone because I wrote the cheque in the name of Stone. Baxter wanted me to get him a place; and t offered him that place. It was already fitted up. The rates and taxes and everything was to go in my name, the taxes was in the name of Hole arid the lease. He said; "If I am taking the place I will have an agreement on it." I said, "All right. He said, "Can you recommend anybody?" I mentioned Mr. Jones; he went and saw him. He made an appointment and had the agreement drawn up. There is no flat-racing in the winter and he wanted to interest himself in something where he could get something by it. He found the place was not such a gold mine as bookmaking. He gave his address as 100, Gillespie Road. Mr. McGowan and he arranged that they should address this agreement from 29, Canonbury Road. They were always at, 143, Clapton Common; together, before the opening of the shop. McGowan laid down the line and cleaned the windows, and assisted in general in the shop. He was-the husband of the woman called at the police court. Woods
had nothing to do, with me at any of my previous shops. He had to do with Mrs. Hole at Goswell Road. On my bankruptcy my agreement became null and void. Mrs. Hole made a claim to the Official Receiver, and she was allowed to carry on the business on condition that the landlord granted a new agreement if she paid the last quarter's rent due from me. She paid it and became tenant of the place. When Baxter swore he was in. my employ all that time he was in the employ of Mrs. Hole from my bankruptcy until the time he left there. Her name was over the door. There is the pass-book of the London and Provincial Bank, Old Street branch. That will prove the has paid' the accounts all during that time and rent, taxes, etc., Baxter came oil the, scene. He had lent Mrs. Hole some money, and the consequence was he was going to take the business over. His wife was there a day or two and the place was overrun with rats, and she was in a certain condition. Hetook 143, Clapton Common off me. He was to pay £125 and I was to find rates and taxes and gas. He made all preparations for the opening. He gave orders for things. He took it on condition I superintended the baking. That was all I was superintendent of. He knew nothing about baking. I said I had quite enough to do with the other shops I had got. I had got no money to launch out in big premises there at the time. He was not there all the time. He only used to come about 10 or 11 o'clock. It was not necessary for him to be there before. He is not an early riser unless he is going to a race meeting. He can be found; in fact he was been seen by Mr. Ward, and Mr. Jones was subpoenaed to prove that he was ordered by Woods to draw that agreement out. After some time I had a quarrel with Woods, but I carried on the' business and he used to come backwards and forwards. There was; no arrangement between us. He told me to do the best I could with it and let him have his money back whatever it was. I opened a banking account in his name with money from the business. That was 90 as to keep a separate account. I am not a scholar. I kept no books. I do not know if Woods knew I had opened that account; it was agreed we should have one. I gave orders on Woods behalf. The business would have prospered;; it wanted more. capital. Woods never put more money in. I do not know that I told him that debts had been incurred to Messrs. Parker. I told him, on one occasion what the liabilities, were. Of course, it was left with me to sell if I could or do the best I could with it, which I tried to do. I advertised for, a partner to pay out the liabilities, Mr. Stephens answered the advertisement and I came in touch with Mr. Wells, who suggested it should be formed into a company. I paid him a cheque for £10. It was suggested by Mr. Wells that Mr. Stephens paid it, but that is not so. The word "self" against entries in the pass-book was put by Mr. Roberts, Mr. Wells' accountant. It means the money was drawn out. I was asked what money was used in the Business. It was used formwages or anything like that. After this I was used by Parker Brothers, Limited. They obtained judgment in default. In April. I swore an affidavit. That affidavit is true. I had Woods' authority carry on the business.
Woods is Baxter or Hole, whatever his name is. He is to be found at any race meeting. He is at Ascot this week.
Cross-examined. I did not pass in any other name than Stone at 143, Clapton Common. When Mr. Home called from Parkers he did not ask it 1 was Mr. Woods, die proprietor. I said, "I am the buyer" and I gave him a bag of the Hygienic Bakery. I told him Woods was proprietor. I told him I had two other shops in the name of Stone. He did not say he should like to see Mr. Woods. I do not know who Mr. Facer asked for; I was not there at the time. Mrs. Hole has not always passed as Mrs. Stone. She has been called Mrs. Stone. Mr. Facer did not address me as Mr. Woods. I did not say I was Mr. Woods. He asked for Mr. Woods and I came forward. I signed the order to Parkers, "A. G. Woods," the name the business was carried on in. I had to sign the name of an individual. Barter did not have authority to draw on the account which I opened in the name of Woods The account was opened to keep the accounts of my two own businesses separate. I had no other account at the London and Southwestern. The other account at the London and Provicial was to show the turnover of my other shop. In opening the account I was asked for references for A. G. Woods. The manager did not know I was not A. G. Woods. I cannot say who gave the reference. I think a Mr. Turner gave one. The woman I was living with did not give the reference. (Exhibit. 16 handed.) I could not tell you whose writing this is. It may be Alice Hole's. I was not giving myself a reference. It is Wood's reference. (Letter written by prisoner to Mrs. Stone handed.) That would be written to Mrs. Hole. 'She was not known as Mrs. Stone, but I wrote to her as that. I signed the lease of 143 Clapton Common in the name of Hole. I did not take the flat in her name. I signed A. Hole because it was for her. I did not wish to conceal the name of Stone. I knew I had to get the landlord's consent to assign. I did not get it. I assigned the premises to the company in the name of Stone. Mr. Ough witnessed my signature. He reckoned he was the clerk to Mr. Appleyard, but I have learned since he was not. I did not know Mr. Ward then. Ough gave his address as 6, Clement's Inn, the same address as Appleyard, but there are many offices there. Mr. Appleyard is my solicitor now. I do not think Woods signed any agreement; I do not know whether he did or not.
EDWARD JAMES WARE , managing clerk to R. N. Appleyard, solicitor, 88, Chancery Lane. Mr. Appleyard had the conduct of all these civil and criminal proceedings until yesterday. On June 15 I issued a Crown Office subpoena for Mr. William Jones, Mr. Woods, and Mrs. G. 8. Stone. On Thursday last I served Mr. Jones with a copy and paid him 2s. 60. I understand he was in the precincts of the court yesterday, but I have not seen him to-day. I have been to 100, Gillespie Road to try and serve Mr. Woods. I have 'been unable to effect service. After prisoner's arrest I accompanied Mrs. Stone to Finsbury Park and saw a gentleman who informed me he was Mr. Woods. I had a copy affidavit with Mr. He did not sign it. He was a man about 35, with a fair moustache.
Hole withdrew her plea of not guilty, and pleaded guilty. As to Austin, Mr. Travers Humphreys said that having regard to the evidence given by this prisoner in the case against W. A. Stone, he proposed to offer no evidence. A verdict of Not guilty was accordingly entered.
W. J. Stone was then tried.
(Prisoner applied for a postponement of the case in order that he might obtain the attendance of Mrs. Marsden, Mr. Turner, Mrs. G. C. Stone, Mr. Arthur Strapps, a traveller from the Sunflower Mills, and a representative from Blundell and Maple's.
Judge Lumley Smith stated he could not postpone the case further. Prisoner complained that he had not yet had an opportunity of seeing a solicitor to instruct him, he only having till this moment seen a Mr. Hunt, a horsekeeper, who had, he assumed, conveyed his instructions to a solicitor.
Mr. Williams stated that, in his opinion, the witnesses mentioned by prisoner would not help him in his defence. Upon this, prisoner, being asked, stated that he still wished to avail himself of his counsel's services.
HENRY JOHN MORBILL , clerk, Central Office, Royal Courts of Justice, produced and proved the documents filed in an action of Parker Brothers (Mildenhall), Limited v. William Albert Stone, trading as "A. G. Woods."
GEORGE MCCONNALL , solicitor and Commissioner for Oaths, 59, College Place, Camden Town. This affidavit; dated April 16, 1912, signed by Alice Hole and William James Stone, was sworn before me by them. I recognise prisoner as William James Stone.
Cross-examined. I do not now practice, and do not take out the annual certificate. I was appointed a Commissioner in 1869.
Re-examined. I am still a Commissioner for Oaths. The deponents were brought to me by a Mr. Ward, clerk to Mr. Appleyard, a solicitor, at whose office I took the affidavit.
To Mr. Williams. It is only since 1876 that the warrants appointing Commissioners are only effective so long as they act as solicitors. I do not know where my warrant is now.
ALBERT HOME gave similar evidence to that which he had given in the case of W. A Stone, and added: I believe I saw prisoner at Claptun Common, and also at a baker's shop in Romford Road, at the latter place about June; I was. referred there to his son by the father to make an examination of some damaged flour that we had delivered; I believe it was the son whom I saw. He strewed me the goods. I asked him if he was Mr. Woods's son, and he said "Yes."
Cross-examined. When I went to Clapton Common, on the chance of getting orders, I did not know who the proprietor or manager was; I am not prepared to swear that I ever saw prisoner there. I went there the last time about two or three months ago. I swear that I never did any business there with anybody except prisoner father, nor
did, I see anybody there except him and Mrs: Woods, and two female assistants.
Re-examined. Prisoner's father himself told me he was the proprietor. I never addressed him by any other name than Mr. Woods.
ARCHIBALD GEORGE FACER gave similar evidence to that which he had given, in the case. W. A. Stone, and added; I only saw Mr. Woods (prisoner's father) on one occasion; on all the other occasion, I saw Alice Hole; I did not know her name at that time. I never on any occasion saw any other to an; there was a shop girl, but I had nothing to do with her.
Cross-examined. An order had come for. goods the, name of "Woods" on about March 20, 1911, and was seat by my firm. I asked for "Mr. Woods," and Alice Hole reter Ve & 'W' to prisoner's father.
Re-examined. This document (Exhibit 20) appears to be the order; it is signet "A. G. Woods," and headed "Model Hygienic Steam Bakery"
Cross-examined. I should her near this shop, usually once a day. Shortly effort Christmas prisoner's father was in there. After he took occupation "The Hygienic Brakeries, Limited," or some name of the sort was put over the shop. At Christmas, 1910, I had no idea that Hole and Stone were the same person. I was not present when the goods arrived and were unpacked there. Prisoner is a complete stranger to me; if he had been employed there I should probably have seen him.
Re-examined. There were generally one or two females in the shop. I do not remember seeing any other man, but the tenant.
JAKES TAPPER gave similar evidence to that which he had given in the case of W. A. Stone and added, I saw prisoner several times at Capton Common; I suppose he came to see his father; he used to write letters; 1 do not think he took any part in the business. J have seetr, him at all the shops at different times. His father used to keep a shop at Bumford Boad, managed by a Mrs. Webb; 1 have only seen prisoner's brother there.
Cross-examined. I am in the bakehouse most of the day. "I know nothing as to the financial arrangements prisoner's' father made. Prisoner used to assist in getting the dinners ready at Goswell Road in 1909; for about three or four weeks he came every day. At Clapton Common from where I was working I would not see the people who came in on business. Prisoner's father told me that Baxter was a bookmaker; he and Alice Hole were on intimate terms with him. I heard his name also as "Hole"; it would not surprise me to hear he had another alias. "Woods." I did not know beforehand what prisonr's father was going to call: he bakery at Clapton Common.
Re-examined. I first saw Baxter at Goswell Road; after the governor went bankrupt he put up the name of Hold there, and after
that, "Baxter"; the guv'nor was the proorietor all the time and he was carrying on the business just the same. I never heard Baxter call himself "Hole"; when I first came I heard he was, Mrs. Hole's brother-in-law. "I heard that the Clapton Common shop was going to be opened the or three months before it was opened; the guv'nor told me about it.
Further cross-examined, At Goswell Road prisoner's father; the guv'nor, told me that Baxter thought of having the business and subsequently Baxter approached me with reference to my working for him I said I would not mind. About a forthing later the guv'nor told me that he had paid the deposit, but had not paid any more. (To the Court.). At Goswell Road Baxter with his wife used to help at dinner times, but after that it was all over.
Cross-examined. I have known prisoner's father and Alice Hole by her names than "Mr. and Mrs. Woods," but it did not pay me to recognise them by any other names as I wanted to get back my deposit. During the first part of the time I was at Seven Sisters Road another man named "Charles" and this Alfred used to come about twice a week. I knew prisoner, but I had no financial transactione with him.
ARTHUR LESLIE COLEMAN gave similar evidence and added. I got two references, one of which is headed "675 seven sister Road, South Totteaham, and signed" W. Stone (Exhibit 16). Exhibit 29 is signed by our customer, "A G. Woods."
HENRY GAELAND WELLS gave similar evidence and added: On February 6. I wrote prisoner's father informing him that we had received instructions to issue a bankruptcy petition and we should do so on the following week unless propositions. were forthcoming. He, with his son, called and I asked him what he was going to do as our instructions were Imperative'. He said he had no money at that time to meet the judgment debt and he did not very much care what happened to him. I pointed out to him, so that son should know, the serious consequences that might result from an investigation of his affairs in bankruptey in view of the papers. I had in front of me Neither of them made any suggestion then that the was not the person against whom we had got the judgment. In consequence of the summons the-petition was set aside; it is now adjourned to next month.
Cross-examined. The interview took about 20 minutes, Neither of them said anything about the merits of the defence in the action in which we had obtained judgment; it was not raised until the petition was within three days of hearing.
Re-examined. The son asked me if I could make any suggestion as to how his father could pay, and I said I had no suggestions; I, was there to receive suggestions.
Sergeant GEORGE PRIDE , H Division. On May 3 I arrested prisoner at 132, Plough Road, Clapham Junction. I read the warrant to him and he said, "It is true, as I said in the affidavit." This reference (Exhibit 16) is in the handwriting of Alice Hole.
Cross-examined. 1 did not lake away any photographs from his place; I took a photograph of his brother from No. 112, Plough Road. When charged lie made no reply.
Mr. Wilhams submitted that there was no case, contending that there was no evidence of a positive nature that there was not, in fact, another party connected with the business named "A. G. Woods."
Judge Lumley Smith stated that he would let the case go to the jury.
WILLIAM JAMES STONE (prisoner, on oath). I am 30 years old. I first started earning my living when I was 14, and after being in various occupations (witness gave details) I started helping my father at a baker's business in Peckham. We did not get on together, and I started on my own account, and have had businesses with my wife since then as a furniture dealer, greengrocer, and tobacconist and stationer. I had no connection with my father at Seven Sisters Road. I have known Alice Hole about four years. I first met Woods about four months before Christmas, 1910; I understood he was Mrs. Hole's brother-in-law; it was at Goswell Road; he is a short, fair, and a very smart young man. At Stamford Hill somebody told me for the first time his name was Woods, and it was only after swearing the affidavit I knew that he was also known as "Baxter" and "Hole. My father never consulted me about his business arrangemeats. On December 23 I helped Woods to unpack the goods at Clapton Common; Mrs. G. C. Stone, my brother's wife, and Mrs. Hole were also present. Woods took from his pocket the invoice relating to the goods. Between that date and September 11 I saw him three times in all, in and about the shop. I was during the time in business for myself some distance from there. At Clapton Common I knew Woods, as I then knew him, was a bookmaker. Since my arrest I have done everything I can (I have been in prison two months) to find him, but have been unable to do so. When swearing the affidavit I believed it to be true; I only wish to correct ray statement that J had been present "on several occasions" when I saw my father and Woods together to "three times." The affidavit was prepared by Mr. Ward, Mr. Appleyard's clerk, and I signed it. Mrs. Hole and I called at Mr. Appleyard's office to see what was being done in the criminal charge. Mr. Ward mentioned that he had gone to Finsbury Park on the Sunday with Mrs. Hole to see her brother-in-law, and it was a pity he could not get him to swear an affidavit as that would have met the case. I said there was Mrs. Marsden and different people who had known this man Woods. I said T knew (hat Woods was there, and at his request I swore to it.
Cross-examined. When I first saw Mr. Ward I had no intention of making an affidavit. They went to see Woods on the Sunday after his having gone to see Mr. Ward on the previous Saturday; I saw him myself. It was Mrs. Hole who told me on her return on Sunday evening they had been to see him, and that he had refused to be brought into it and be saddled with the liabilities; he admitted that he was the "Mr. Woods." Ward simply told me that he would not swear
an affidavit. Mrs. Hole suggested Mrs. Marsden should make an affidavit, as she knew him quite well, but Ward said there was not time as the civil action was coming on the following morning. She and I then made the joint affidavit fir the purpose of upsetting the civil action and releasing my father from custody. All I understood from Ward was that as he could not get Woods to swear an affidavit the next best thing was to get somebody who knew him to do so. I was not represented at the police court, and have employed no solicitor or solicitor's clerk since I have been in prison; all I have seen up to the present is a Mr. Hunt, and I gave him instructions. (Mr. Williams stated this gentleman had instructed a solicitor who had briefed him.) I first started in business for myself 11 years ago in the name of "M. Stone," my wife's name; the explanation of that was that it was my wife's money, and I gave the agent her cheque, and when filling in the agreement he asked me what "M." stood for, and to expedite matters I said "Maurice." Walters was my wife's brother; I have never used his name in connection with any business. I know Fox, alias Sanunders; his having two names had nothing whatever to do with me. I know my father has used several different names. I went to help at Goswell Road for about a fortnight because he was arrested for some debt; I did not know he traded under the name of "Williams" there. He told me he was going to take 143, Clapton Common, and he asked me in a friendly way to come and have a look at it, to see what I thought of it. The next time I went there was to help unpack the goods. I did not know it was my father's business; I thought it was Wood's, as he was unpacking the goods. I went there in the first instance to see my father, but he was not there. I knew it was he who had taken the premises in the name of "Hole:" I had only seen Woods once previously at Goswell Road, and when I saw the invoice with "A. G. Woods" on I felt positive the that was his name; somebody had told me before that that was his name; I will not swear that I did not know then that he was a bookmaker. I went to Clapton Common three times subsequently to this, and I do not remember ever hearing that it was my father who was trading as "A. G. Woods." I am under the impression that the letter from Mr. Wells asking my father to call gave no reason for his asking him to do so. When we went he did not say to my father that it would be very awkward for him if he was made a bankrupt.
Re-examined. I had very little to say at the interview. My father repudiated the debt. Mr. Weels was very abrupt to me. I did not see why my father should pay Wood's debts.
ALFRED JONES , clerk to Harris and Thompson, solicitors, 53, Lincoln's Inn Fields. Before joining my present firm I was with a Mr. Hope solicitor, of Bell Yard; he declined to act for prisoner's father. I went to 143, Clapton Common, about five times form about 18 months ago to discuss business with prisoner's father and Mr. woods at prisoner's father's request; I knew him then as William Albert Stone, not as "Woods"; he told me he was taking the place, which was then being decorated. Woods, who had called at my house previously, was a young man with a fair moustache; he was "sporty." he had
come to see me about an agreement between him and Stone joining in a business. I prepared it and took it and took it to them. I never heard him called by any other name. I did not witness the document I prepared and I do not. Know what has become of it.
Cross-examined. At this time I had left Mr. Home and was looking for another situation; I met. Stone through his having applied to my late employer to; do some work for him. I did not set for stone in assigning the lease of 143, Clapton Common. I was acting for him and Woods as a friend and I was paid for it This is the agreement (Exhibit 31) which I prepared; I see the names of the parties are "Hole" and "Woods" I do not remember the name "Hole," but I must have been told that name. I prepared it on Stone's instructions; I still say "Stone" was the only name I knew him by. I did not Know who "Hole" was. When I took the agreement down to Stone he told me it was "off"; he did. Not give me the reason. The date. I have put on the agreement is "December, 1910." The signature "Alfred Hole" has been put in since I parted with the agreement.
(Thursday, June 20.)
Prisoner repeated. his complaints, that, certain witnesses he wished to be called Had not been culled, and stated that he. Wished to conduct his own defence, whereupon Mr. Williams delivered his papers to the prisoner. He desired that the witnesses he had named should be called.
Mrs. MARSDEN. (To prisoner.) I and my husband occupied the flat over 143, Clapton Common and we paid rent to your father. It is true to say that there was a short, "fair," smart young man in the shop during the first two weeks, it was opened; he was not serving, but very much in evidence. J did not know him as "Mr. Woods." There was a notice put up that Mr. Wood was the manager and I concluded that he was the person referred to. I have often seen Mrs. Hole there, but I did not know' he was her brother-in-law. I never spoke to him. The further witnesses the prisoner asked for were not in attendance. Prisoner sought to read certain documents which he said were, material. This Judge Lumley Smith would not allow him to do without proper proof. Prisoner complained at great length that he had given specific instructions to Mr. Hunt that these witnesses who had no attended should be called; and requested that Mr. Hunt and Woods. alias Baxter, alias Ellis, might be called. These names were called and nobody responded.
MARY STONI (to prisoner). I am your wife. I have been to the Sunflower Mill people and asked for a traveller that Mr. Woods gave an order to. They said they would write to him and I have heard no more.
Prisoner then proceeded to address the jury at length, when the jury stated that they had heard enough.
Against William Albert Stone were proved a conviction for traud in 1889 (ten months hard labour), in 1872, another for fraud (nine years penal servitude); in 1903 for false pretences (three years' penal senvitude). He had been living a fraudulent I few since 1889.
Sentences: W. A. Stone, Three years' penal servitude; Alice Hole and W. J. Stone were released on their. own. recognisandes in £5 each to come up for judgment ✗ called upon.
BEFORE THE RECORDER
(Tuesday, June 11)
It was stated that prisoner joined the Army in 1903, being transferred to the Reserve in May, 1911, with character "fair." He had beep acquitted on August 11 of burglary, and from, that month till December had worked for the Great Eastern Railway Company, being then discharged owing to the company reducing their staff. He kept bad company.
Sentence: Twelve months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 12.)
WATSON; Ernest (22, porter), and WILSON, Albert (23, valet) pleaded guilty of stealing one jewel ease, three rirgs, and other articles, value £83 15s., the goods of William Robert Tilbury, in his dwelling house, and of stealing one watch, the goods of Emma Cornwall Watson confessed to a previous conviction, of obtaining money by false pretences on May 12, 1908, in the Charles Howard. Prisoners had obtained access to the houses representing that they were prospective tenants. Property value £20 in the first indictment and the watch in the second indictment. had been recovered. Since the commission of this offence both prisoners, on April 24, had been convicted of larceny (four months' hard labour), and of dishonesty (six months). They were serving in all 10 months' hard labour, dating from May 11. Watson had been sent to a reformatory in 1904. In 1909 he had been convicted of soliciting male persons for immoral purposes; in 1902 and 1905 Wilson had been convicted of the same offence.
Sentence: Watson, Twelve months' hard labour; Wilson, Ten months' hard labour, both sentences. to date from the first day of this Session.
Prisoner had borne a respectable character and had earned an honest living.
Sentence: Six months' hard labour.
BEFORE THE COMMON SERJEANT. (Wednesday, June 12.)
MARTIN, Richard (20, carman), MACNAMARA, William (18, carman), and JACKSON, Ellen (24, hawker) , breaking and entering the dwelling-house of Thomas Swain, and stealing therein one watch and other articles, his goods.
Martin and Jackson pleaded guilty. Macnamara pleaded guilty to receiving the goods.
Macnamara confessed to a previous conviction of felony on December 5, 1911; this related to a burglary from the same house. In 1904 he had been bound over for stealing, and on March 7, 1911, he was sentenced to 14 days' for stealing; he was in the Reserve. In 1910 Martin was bound over for stealing. Nothing was known against Jackson. The male prisoners were stated to be associates of bad characters, and to do only casual work.
Sentences: Macnamara, Twelve months' hard labour (it being stated that he was too old for the Borstal system); Martin, Nine months' hard labour; Jackson, Three months' hard labour.
Prisoner confessed to a previous conviction of obtaining money by false pretences on July 27, 1909, in the name of Mary Page. The offences were of a very mean nature, being those of obtaining money from poor women by means of false statements as to her position. A number of convictions for similar frauds were proved; during the last 13 years, however, she had been only convicted three times. Prisoner elected to have an offence on May 4, 1907, for which there was a warrant out against her. taken into consideration.
Sentence: Twelve months' hard labour.
CASES POSTPONED: MARSHALL, Edward; YEATMAN, John F. P.; MARSHALL, Frederick; COHEN, Arthur; LEHMANN, Ludwig; JORDAN, Frank; DAY, Hairy: KING. George H.; LIPMAN, Nieman I.