JULY (1), 1912.
Vol. CLVII] [Part 934
CENTRAL CRIMINAL COURT
HELD JULY 2ND, 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 Kings 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, July 2nd, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CBOSBY, M.D., LORD MAYOR of the said City of London; the Hon. Sir WILLIAM PICKFORD , Knight, one of the Justices of His Majesty's High Court; Sir G. F. FAUDEL-PHILLIPS, Bart., G. C. I. B.; Sir JAMES THOMSON RITCHIE , Bart.; Sir JOHN CHAS. BELL , Bart.; The Right Hon. Sir T. VEZEY STRONG , K. C. V. O.; Sir T. VANSITTART BOWATER, Knight; and Sir GEORGE JOSEPH WOODMAN , 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 RENTOUL, K. C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
CROSBY, MAYOR. TENTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, July 2.)
Dr. EAST, Assistant Medical Officer, Brixton Prison, stated that though of opinion that prisoner was very unstable mentally and a moral imbecile, he was not prepared to certify him as insane.
ELIZA MCDONALD (prisoner's mother) stated that in September of last year he had made a determined attempt to commit suicide, since when he had often threatened to repeat the attempt; about six weeks before he was arrested he had run away from his home in Berkshire, since when his parents had heard nothing of him.
Sentence: Nine months' imprisonment, second division; the Recorder stating that he was imposing this sentence both for the protection of prisoner against himself and for the protection of the public; he had his own views with regard to prisoner's insanity.
It was stated that as the result of further investigations into the accounts kept by prisoner, who was the secretary of a Labour Loan Society, a deficiency of £195 in all had been discovered. He was in constant employment, but he and his wife drank. Prisoner urged that the moneys had been paid to him in public houses, where the temptation was great; he had now, however, signed the pledge.
Sentence: Nine months' hard labour, to date from the first, day of last Session.
HULBERT, Charles (32, assistant postman), pleaded guilty of stealing a postal packet in the course of transmission by post containing one half-sovereign, three florins, two shillings, three penny stamps and one match box, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner, an Army Reservist, had been in the employ of the Post Office since November last. The total amount of the losses amounted to about £12.
The Recorder postponed sentence in order that prisoner should produce his discharge papers.
CONNOR, John (38, postman), pleaded guilty of stealing a postal packet containing 12s. and four penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner, who had been in the Royal Artillery, had been in the Post Office since 1904; where he had been very satisfactory. Whilst in the Army he had been selected as personal attendant to Sir Claude Macdonald in the China War, and his discharges were marked "Very good." His downfall was attributed to betting. Evidence was given as to his previous good character.
Sentence: Eight months' hard labour.
JAYS, James Naldreth (41, clerk), pleaded guilty of forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £4, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £2, with intent to defraud.
A conviction in 1905 for unlawfully wounding and another in 1909 for obtaining money by false pretences were proved. Prisoner could no longer carry on the business of commercial traveller; one of his legs had become paralysed; he was now being kept by a friend.
Sentence: Nine months' hard labour.
MOULD, Christopher George (40, carman), pleaded guilty of feloniously marrying Edith Mary Tallett, his former wife being then alive; feloniously marrying Florence Emma Leggett, his former wife being then alive.
Prisoner, who married his first wife in 1892, was in 1906 sentenced to two months' hard labour for desertion. He contracted his first bigamous marriage in 1908 and his second in 1909. Both these women stated that they married prisoner in the belief that he was a bachelor, but that previous to the ceremony improper relations had taken place.
Sentence: Six months' hard labour.
LOADER, Edwin (38, traveller), pleaded guilty of stealing a sovereign purse, the goods of William Allen Simpson; stealing five forks and two spoons, the goods of William Allen Simpson; stealing one tea and coffee set, the goods of William Allen Simpson; forging a receipt to a certain order for the payment of £2 6s. Id., with intent to defraud; forging and uttering, knowing the same to be forged, an endorsement to a certain order for the payment of £1 13s. with intent to defraud.
Prisoner had previously borne a good character.
Sentence: Six months' imprisonment, second division.
GARRAM, Patrick (27, labourer), and ROBINSON, Charles (19, soldier), pleaded guilty of breaking and entering a certain place of divine worship, to wit, St. Andrew's Church, and stealing therein one die and one clock, the goods of the churchwardens of the said church.
Garram, who had been 12 years in the Army, had left with character "Very good"; he was invalided. Robinson, who had enlisted in January of this year, had deserted in May.; he came to London and sold his kit. This fact had been reported to the military authorities, who were not now in attendance.
The Recorder postponed sentence as to Garram, Mr. Scott-France, the Court missionary, undertaking to see what could be done for him.
Sentence (Robinson): One month's hard labour; the Recorder stating that he was not taking into account the fact as to his desertion; he desired that notice of this should be given to the authorities of prisoner's regiment.
BEFORE MR. JUSTICE PICKFORD. (Wednesday, July 3.)
DAY, Harry (39, ex-policemen), was indicted for the wilful murder of Mary Jane Day, and charged on the coroner's inquisition with the manslaughter of Mary Jane Day. (He was tried on the indictment for murder).
Mr. Muir and Mr. Cecil Whiteley prosecuted; Mr. Curtis Bennett' and Mr. St. John Hutchinson defended.
Police-constable THOMAS BENNETT , 529 N. Deceased was my sister; she married prisoner in 1896, and they lived together at 99, Star Street, Paddington. Prisoner retired from the police force in 1907, with a good character; since then his main employment has been, helping his wife in keeping lodgers. He has told me that his wife had got into drinking habits, and he had used threats towards her; I have seen her with black eyes. On May 11 I saw my sister at 99, Star Street. I went out with prisoner from 7 to 11 p.m.; he was all the time complaining of her drinking. I went back with him at 11 and saw my sister in her bedroom lying on the bed fully dressed; we did not speak. That was the last time I saw her alive. On my leaving prisoner said, "I will do her in if she does not stop it." On May 14 I called and saw her body. Prisoner pointed out to me four scars on the face; he said she fell downstairs and caused them. I saw prisoner write the letter (Exhibit 3), dated May 14, addressed, "Dear mother
and Jim" (my brother), informing them that "Mary Jane passed away last night about 11.30 without any warning whatever. I was talking to her at 10.30 p.m. I then went out for an hour or so, and when I came back she was dead."
Cross-examined. My sister never complained to me of any illtreatment by prisoner. I heard him once say to her that if she went on like this he would break her neck; that was just after Christmas; I am sure that he did not say, "she" would break her neck.
GEORGE MACNAILL , valet. I have known prisoner four or five years; I lodged with him and his wife for eight months about four years ago; she was then of fairly sober habits. On May 11 I saw prisoner in the "King's Arms," Edgware Road, about a quarter past five. He said, "The old woman has been on the drink all the week; God blimy, Mac, I'll do the b—in."
Cross-examined. I was not called at the inquest or before the magistrate. I first mentioned this to the police on June 11.
MRS. MARTHA O'BRIEN . I occupied two second-floor rooms at 99, Star Street. I paid my rent to Mrs. Day. During the last six months I have noticed her with bruises and black eyes on different occasions. She used to drink a little, but not to excess; I saw her several times on May 11; she was quite all right; in the evening she was a little strange. On Sunday, May 12, I saw her in the morning; she was in her usual state; in the afternoon she seemed a little strange, as if she had been ill. Between three and four I was in the washhouse and I heard prisoner say that he would cut her throat. I heard them quarrelling, and heard her say, "Don't, Harry." On the 13th I saw her at nine in the morning; she was sober. I saw her again at 11; she was lying on her back in the basement area. I went up to my room. I then heard strikes, as if a person was being thrashed. A little later I heard sounds of struggling in the basement passage, and then some heavy thuds on the floor. For the last 12 months prisoner and his wife had lived on not very happy terms. The two brooms (produced) I have seen kept at the back of the kitchen stairs; the stick (produced) I have seen in prisoner's bedroom.
Cross-examined. I say that this woman did not drink to excess; she never lost her senses. I do not remember saying before the magistrate that "she had been drinking to excess for the last 12 months." She did drink, but not to the extent that has been made out. I have smelt her once or twice of drink. Before the coroner I said, "During the last six months I noticed her drunk more than usual "; that is true. (There were put to the witness several other discrepancies between her evidence to-day and that before the coroner and the magistrate; she explained that she was very much worried with family affairs.) I was not unfriendly with prisoner; we did not have high words on account of my little boy fetching drink for Mrs. Day. I remember prisoner saying to me that he was surprised I should encourage his wife to drink.
worse for drink; she used to fall about a lot; after these falls I have seen her with black eyes and bruises on her face. On May 12 I saw her about 4.45 p.m., very drunk. On the 13th I came out of my room about 11 a.m. I saw her on the top of the stairs; as she attempted to come down she fell; I tried to catch her, but she fell down eight or nine stairs. I helped her up and she went to her kitchen and sat on a chair; when she got up to walk about the kitchen she fell against the table and then through the doorway into the back area. I went upstairs and informed prisoner of her condition; he was in bed; he came downstairs and I left the house; that was about 11.20. On returning in 20 minutes I saw prisoner in the kitchen, preparing my breakfast. His wife was lying on the floor. I left about 12.20. I returned about a quarter to six, and went into the kitchen. Prisoner said. "Are you looking for the old girl?" I said, "Yes." He said, "She has gone in te coal cellar to sleep; I have took her in a jug of water." I remained with prisoner about 45 minutes and then went out. I came back at 20 to eight; prisoner gave me my dinner in the kitchen. From that time till 8.20, when I went out for my night duty, prisoner and I were in the kitchen; no one else was there. On returning at 1.45 the next morning I learned that the woman was dead.
Cross-examined. I never saw prisoner strike his wife. He had a good deal to put up with from her in the last six months, and under the circumstances, in my opinion, he was most patient and kind with her. Deceased was a stout, heavy woman. Such falls as I saw her have on the 13th would account for severe bruises.
HARRY A. RICKARD , a fellow lodger with the last witness. I invariably saw deceased in drink. On May 13 I saw her as I left just before 10 a.m.; she seemed the worse for drink and very dazed; I never saw her so bad before. I got back about half-past 12 at night and went to the kitchen to have supper. Prisoner said that the old girl had been drinking and he had had to carry her to bed, that he had seen her at 20 past 10, and that he would go upstairs to see how she was. He went upstairs, and immediately called out, "Harry, Harry, come up." I went upstairs to their bedroom, and said, "What's the matter?" He said, "By God, she's dead." She was lying on the bed, dressed, but without a hat. Prisoner had not said anything to me about her falling downstairs.
Cross-examined. I have never seen prisoner ill treat his wife. I have several times seen her falling about; once that very morning in the area she fell on the back of her head. Before the magistrate I said that prisoner had told me about her falling downstairs; that is probably correct.
JANE COX , caretaker at Dr. Head's surgery. On May 14, at 2.20 a.m., prisoner came to fetch me; he said that his wife was dead and that Dr. Head had sent him for Mr. I went to Star Street with him. On the way he said that his wife had taken to drink and fallen about a great deal, and that I should find her injured with bruises where she had fallen.
Cross-examined. He told me that she had been falling about and had been lying in the coal cellar.
Dr. ARTHUR HOBSFOBD HEAD , 159, Edgware Road. On May 14, about 1 a.m., prisoner came to me and said that his wife was dead. I went with him to 99, Star Street. On the way he said that she had given way to drink and was accustomed to fall about and hurt herself. I found the body lying on the bed in the ground floor back room, fully dressed, except for boots and hat. There were four recent abrasions on the face. The woman had been dead at least from four to seven hours. On May 15 I made a post-mortem examination. I found 50 bruises on the body and 11 abrasions. On May 18 I made a second postmortem with Dr. Spilsbury. The cause of death was direct violence to the abdomen, causing shock, leading to heart failure. The mesentery was ruptured and there had been bleeding from some of the vessels. She would die from the shock or from subsequent inflammation. In my opinion she died from shock; she would die within five minutes or at most an hour; the average would be half an hour. The injury to the abdomen may have been caused by her being run over, or by a very violent kick, or by someone jumping on the woman. If she had fallen on to some blunt instrument the injury might have been caused, but the fall would have had to be from some distance, say 20ft. Having regard to all the injuries she could not have walked upstairs, nor could they have been caused by her falling downstairs. On the right hand she was wearing her wedding ring; it was bent; that condition could not have been caused by a fall; the finger must have been trodden upon.
Cross-examined. It is not right to say that people addicted to drink bruise more easily than people who do not drink. The bruises included some of a severe character on the thighs and buttock; owing to these and the rupture of the mesentery the woman would not be able to walk upstairs. If she had fallen on to either of these brooms the broom would have been broken; these are intact. After the injury to the mesentery she might have lived 48 hours if she had had peritonitis; here there was no peritonitis; she died of shock, and that must have happened within an hour of the injury. I did find indications of alcoholism—fatty liver and chronic inflammation of the kidneys.
(Thursday, July 4.)
Detective-sergeant JOHN FERRIER , F Division. On May 15 I saw prisoner at 99, Star Street and told him that I was making inquiries respecting the death of his wife for the information of the coroner. He said, "She was always drunk and was falling about, and she fell downstairs on to two brooms." He then made a statement, which I took down and he signed. (In this prisoner said, "I was formerly a policeconstable; in October, 1907, I resigned owing to my wife's drunken habits. During the last five years she has given way to drink; the last two years she has been drunk, and has fell about the house, both inside and out, frequently…. I have carried her up to bed
drunk and incapable. In October last she fell in the fire and burnt her hand and arm very badly. About four months ago she was very drunk one day and fell against the fender in the kitchen and broke it in two, driving a Hinde's curling-pin in her eye. One of my lodgers brought in some methylated spirits and she drank that. She owes everybody money unknown to Mr. This year she has been drunk four days in January, five in February, five in March, seven in April, eight in May; I have carried her up to bed 18 times since Christmas. On Saturday, at 11.15 I found her lying drunk in the coal-cellar; I carried her to bed upstairs and locked her in. When she got about sober I let her out to clean up the house about 5 p.m. I went out with her brother, Thomas Bennett, about 7 p.m.; when we returned about 10 p.m. she was lying on the bed drunk and unable to speak. On the Sunday I went out and on my return found her drunk. On Monday morning she. rose at 7.15 a.m. and pretended to wash; instead of washing the began drinking; she fell on the fender, breaking a piece of it off. About 12.50 p.m. I was sitting in the front room when I heard a noise, and on going downstairs found her lying at the bottom with two brooms lying underneath her stomach, I picked her up, and she said, 'Let me stop where I am, I shall be all right in a minute.' I carried her to bed. She afterwards took off her boots and came downstairs for some whisky she had hidden. She fell into the coal cellar; I again carried her to bed; that was about 7.30 p.m. I locked her in, and occasionally looked to see how she was. At 10.20 p.m., on my going to see her, she asked for water; I took her a jug full and left it with her, again locking her in. I went out and had a drink; came back at 12.15 a.m. with Rickard. I said to him, I will just go up and see how she is. 'I saw her face was altered and felt that it was clammy. I called Rickard and told him to wait while I fetched a doctor as I thought she was dead. I called in Dr. Head, who pronounced life extinct. We had no quarrel, other than my threatening to write to her friends. I never struck her on Monday. On Saturday morning, after putting her to bed, when she came down as I thought for whisky she had hidden, or money, I lifted up a walking-stick and struck here over the hips several times, saying' Get back to bed. 'I have never struck her about the body, nor have I ever kicked her at any time After taking her from the coal cellar, about 6.30 or 7 p.m., I carried her upstairs to bed on my back and locked her in the bedroom on the ground floor. I did this toprevent her getting out to get more drink. That evening I went up to the bedroom two or three times to see if she was still there, and I found her just as I left her on the bed After putting her to bed from the coal cellar about 7 p.m. I did not hear her come cut of bed or attempt to, up to my leaving the house about 10.20. ")
Cross-examined. Prisoner seemed very anxious to make a statement and to assist us in every way.
GEORGE MARSHALL , one of the lodgers, after speaking to deceased's drunken habits, said that on May 13 he was with prisoner in the kitchen from about 8.35 p.m. till 10.20; during that time prisoner went upstairs only once, for about a couple of minutes; witness heard no sounds from upstairs.
ROBERT TREVOR SALISBURY , M. A., B. M., B. S., pathologist at St. George's Hospital, etc., was called to deal with a number of technical points in the evidence of Dr. Head and Mr. Spilsbury. He expressed the opinion that the injuries to the abdomen could have been caused by this woman falling down the flight of stairs and striking one of the brooms, and she might have lived for four or five hours.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, July 3.)
Mr. Beaumont Morice prosecuted; Mr. E. C. Bliss defended.
JENNIE BAIRD , wife of James Parker Baird, 93, Devons Road, tobacconist. On June 17, at about 8.45 p.m., prisoner bought a 2d. packet of tobacco and £d. book of cigarette papers, and tendered 2s. piece (produced) in payment. I gave him 1s. 9 1/2 d. change. As he walked out of the shop I recognised him as being a man who a month before had tendered a counterfeit half-crown (produced) in payment for a 1d. packet of tobacco and a 1/2 d. book of cigarette papers. I. had sent chat half-crown to the Post Office, and had had it returned as bad. I then tested with acid the florin. prisoner had just tendered, and found that also to be bad. I sent my sister after prisoner; shortly afterwards my sister and prisoner came back. I told prisoner he had given me a bad 2s. piece; he said, "Nonsense." I told him I had tested it and said, "Besides you are the man that came in here a month ago with a bad half-crown." He said, "Nonsense, I have never been near the shop before." I said, "Give me my money back." He said, "No." I said, "If you do not I will send for a constable." He said, "You will not do anything of the sort." I then said to my sifter, "Go and fetch a constable. "She went away, and directly she had gone prisoner ran off, but was brought back by a police-constable. I told the police-constable in the presence of prisoner that he had tendered a counterfeit florin, producing it. Prisoner said, "This woman has charged me with a bad 2s. piece, but it is nonsense."
Cross-examined. I was at the station when my husband was there first. My shop is quite three miles from the corner of Mile End Road and Commercial Road. I may have said before the magistrate, "I first recognised prisoner when he was brought back." As a matter of fact I recognised him directly I gave him the change, and I told my sister so.
HELEN WELLING , 3, Shepherd Street, Bow, sister of the last witness. On June 17 at about 8.45 prisoner bought some tobacco and cigarette papers, tendering a 2s. piece in payment, and walked out. My sister found the coin to be bad, and sent me after prisoner. I found him about 100 yards away walking in company with another man. I came up behind prisoner, touched him on the arm, and said, "You are the man that has jus; bought some tobacco round here." He replied, "Me? No, not Mr." I said, "Yes, you. The tobacco you have got in your hand now." The other man said, "I will see you later," and left. I said to prisoner," Will you come back with me now?" He hesitated for a minute, and then said, "Yes, I will come back." He then (returned with me to the shop. On the way he twice asked me what was wrong. I said, "The person wants to speak to you a minute in the shop." When we got to the shop my sister said, "You have given me a bad 2s. piece." He said, "It is nonsense." She said, "You have, and you are the same man who gave me a bad half-crown a month ago." He said, "You are talking silly." She said, "No, I am not, and if you do not pay me my money back I will send for a policeman." He said, "Nothing of the sort." My sister said to me, "Go and fetch a policeman. "I went out; when I was in the middle of the road my sister called out, "He has gone." I spoke to a policeman, and then saw the prisoner being held by a civilian. The policeman then brought prisoner back to the shop. My sister accused prisoner of passing a bad 2s. piece; prisoner made no reply.
Cross-examined. When I brought prisoner back on the first occasion nothing was said about the half-crown.
JAMES PARKER BAIRD . On May 22 I saw (prisoner come into my shop and purchase a penny packet of tobacco and a packet of cigarette papers. My wife afterwards showed me counterfeit half-crown produced. I sent to the Post Office; it was returned broken. On June 17 at 9. p.m. as I was going for a walk past Bow Road Police Station I saw a police-constable taking prisoner along. I had not spoken to my wife since 7.30 p.m. that evening; I did not know that prisoner had just tendered a counterfeit florin at my shop. I followed prisoner and the police-constable into the police station. The inspector said to me, "Do you know this man?" Without any hesitation I said that he was the man who had been in my shop about a month before and had tendered a bad half-crown. Prisoner said, "Well, if he says so, it is so." When he tendered the bad half-crown he stood talking to my wife for five minutes about the strike. I watched him from the shop parlour all the time; the light was shining on his face, which was turned towards me.
Cross-examined. My wife sent to the post office to get a postal order; that counterfeit half-crown was the only half-crown in the money she sent.
Police-constable WILLIAM PHILLIPS , 507 K. On June 17 about 8.45 p.m. I was in Devons Road, when Mrs. Baird pointed out prisoner to me; he was running away. A man stopped him, and I brought him back to the shop. Mrs. Baird accused prisoner of tendering a counterfeit florin. I said to prisoner, "You will be charged with knowingly uttering a counterfeit florin." He said, "Yes, I tendered it, I must have had it given me in my strike money." On searching him at the station I found on him four sixpences and 8 1/2 d. in bronze, one packet of tobacco, a packet of cigarette papers, and two Woodbine cigarettes.
Cross-examined. I have stated all the conversation that took place when 1 brought prisoner back to the shop. Prisoner gave his correct name and address.
CHARLES THEODORE WAITE , 214, Devons Road, Bow, post office clerk. In the latter part of May a boy about nine or ten years old asked for a 15s. postal order, handing me some money wrapped in paper. I took out counterfeit half-crown produced, cut it, and gave it back to the boy.
Cross-examined. The half-crown is a fairly obvious counterfeit; the florin is a better counterfeit.
CHARLES JONES (prisoner, on oath). I have a slight impediment in my speech. I live at 18, Charles Street, Stepney, which is about 20 minutes' walk from Gardiner's corner, and about 2 1/2 miles from Baird's shop. On June 17 I tendered a 2s. piece at Mrs. Baird's shop, as stated, and went out of the shop. Mrs. Welling asked me to go back; I went back when I understood what she wanted. Mrs. Baird said, "This is a bad 2s. piece." I said, "It cannot be." She said, "Well I want my money back." I said, "No, certainly not, I am not sure it is my 2s. "She said, "If you do not give me my money I shall charge you." I said, "Do as you like." I then walked out of the shop; 1 did not go away at a very sharp pace. Somebody stopped me and the police-constable took me back to the shop. She again asked me for the money, and I again refused. The first time it was suggested to me that I had passed a bad half-crown was at the police-station. I am a lighterman working in the Albert Dock. I went on strike on May 18. On June 19 I received 10s. strike pay. I did not go to Mrs. Baird's shop on May 22. On that evening at 6.30 p.m. I left one of my Workmen named Richard Turton at the "George" public house, which is close to where I live; I then went to the "Dean Swift" public house, and got home at about 7 p.m. I am 36 years old; I have been a lighterman since I was 14. (The witness gave the names of river companies for whom he had worked.)
Cross-examined. When I went into Baird's shop on Jane 17 I had some other money on me 'besides the 2s. piece. As I went oat of the shop a man, whom I do not know, came up to Mr. Welling spoke to me, and he said to me, "Old man, there is trouble in that shop." I suppose he went away while I was speaking to Welling; I did not see him. He did not say he would meet me to-night. I should not think he heard what Welling said to Mr. When Welling said to me, "You are the man that 'bought the tobacco just now, "I did not quite understand; I am rather deaf. I did not say," Me? No, not me." I did not hear her say," Yes, you; the tobacco you have got in your hand now. "I had the tobacco in my pocket... I went back; when mrs. Welling went for the policeman, I did not run out of the shop. I walked out, and walked round the corner, 'because there was such a crowd there. I had a bit of a tussle with a young fellow outside. I had other money on me when I went into the shop; 'I did not change that; you do not think of that when you want to purchase something. At Bow Road Police Station Mr. Baird said I had come into the shop before after his wife said so.
RICHARD TURTON , 17, Kerby Street, watchman, Thames Steam Tug and Lighterage Company. I have known prisoner for six years; I work with him. He is a man of very good character. We went on strike on Saturday, May 18. On Tuesday, May 21, we drew our ask-time money from our employers. Next day (Wednesday, May 22) at 6.20 p.m. I left prisoner outside the "George" public-house, which is near his house, got on to a car, and got to my home, which is about one and a half miles away, at seven o'clock. I can fix the date by remembering it was the day after we drew our backtime money.
Cross-examined. I had never been to the "George "with this man before or since.
GEORGE PIPER , watchman, Thames Steam Tug Company. I have known prisoner for about 14 years; he is a man of very good character; there is nothing dishonest about him. We went on strike on May 18. On the following Monday, Tuesday, and Wednesday I went down to the Yorkshire Grey Labour Bureau in Eastcheap; I have not been there since. We drew our back-pay on Tuesday, May 21. On Wednesday, May 22, I left prisoner at Gardiner's Corner at 5.20 p.m. in the company of Turton. Gardiner's Corner is at the corner of Mile End Road and Commercial Road; it is about half a mile from the "George."
Cross-examined. I also saw prisoner on Monday and Tuesday.
ALICE JONES , sister of the prisoner. I live at home and do the housework and washing for my mother and family. I always do the washing on Wednesday. On Wednesday, May 22—the first Wednesday after the strike—in the evening, when I had finished the washing I came into the kitchen; prisoner was having his dinner and tea together. I looked at the clock; it was seven o'clock. I said I would wash my face, as it was time.
Cross-examined. I remember that Wednesday because my brother came home a little bit tipsy. There would be no special reason for remembering one Wednesday from another because of the washing, but still I remember that day. I am positive it was seven o'clock.
ELIZA JONES , 18, Charles Street, Stepney. Prisoner is my son; he lives at home with Mr. On the Wednesday after the strike commenced, my son must have come in a little before 7 p.m., because he was having his dinner at seven o'clock. My daughter had been washing all day; she came into the kitchen, looked at the clock, and said, "I shall have to look sharp "—she had to get my errands.
CHARLES WILLIAM PRICE , 12, Percy Road, Canning Town, assistant foreman, Thames Steam Tug Lighterage Company. I have known prisoner for three years; he has been under my personal supervision. He is a honest, hardworking man.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Wednesday, July 3.)
Mr. Shewell Cooper prosecuted; Mr. Bennett Calvert defended.
ERNEST PALMER , cashier, Acton branch, London County and Westminster Bank. On June 7 prisoner came into the bank at about 11.30. He was dressed as he is now, with the addition of an apron. He presented this cheque for payment and said, "Cash, please." Not liking the look of the cheque I stepped to the back of the office and showed it to the manager. I then came back and said to prisoner, "Will you please step into the manager's room." He said, 'Which way?" I said, "This way." He immediately went the other way and ran out of the bank. I ran after him as fast as I could. When I got to the street I could not see him. In consequence of something I heard I
stood in the porch of the church close by. In two or three minutes prisoner came out of the church without his apron. I caught hold of his arm and said, "I want you." He said, "What do you want me for?' I said, "You have just been into the bank to cash a cheque." He said, "I have not." There was another clerk standing at the foot of the steps. I detained prisoner till a policeman came; he was then taken to the station.
Cross-examined. I cannot say that the endorsement is in the same handwriting as the words" Eighty-three. "You cannot go to the manager's office from the outside of the bank.
CHARLES RIVERS . I am priest-in-charge of the Roman Catholic church, High Street, Acton, which is next door to the branch of the London County and Westminster Bank. Prisoner came into the church a little after 11.30. He had a white apron on. I had never seen him before. He seemed agitated. He said his wife was seriously ill and would like my ministrations. I said it would be difficult for me to come at once unless she was actually dying, because I expected children from the schools. He gave me an address which I did not recognise as being in the neighbourhood. He said it was near by. I said if he would wait a moment I would fetch my hat and umbrella from the sacristy and go with him. I returned in half a minute; he was gone. I went into the porch thinking he might be there, and found him in the hands of the police. He was not wearing the apron then.
Cross-examined. I said, "Are you the man who was in the church a moment ago "; he said, "No, I have never been inside." I am perfectly certain he was the man. The apron was discovered immediately afterwards. I had a doubt for a second, that is all.
Police-constable THOMAS KINO , 301 X. I saw prisoner detained by the clerk of the bank. I took prisoner into the bank. I asked him if the cheque belonged to him; he replied, "No, it was given to me by a man to cash; he gave it to me outside University College." Then he corrected himself and said, "He came over with me and sent me into the bank to change it; he remained outside." I was not satisfied and took him to the station, where I searched him. I found the apron in his left-hand jacket pocket. This is the apron.
Detective-sergeant TOTTON , X. I searched prisoner's room at Gower Street on June 8. I found a small bottle of gum, two memorandum books, and in a drawer I found a piece of electric wire which had been stripped at the four ends. It was more bent than it is now. (To the Court.) It would be used for placing n a letter-box.
Cross-examined. I know prisoner is a caretaker with his wife. I do not know that it is part of his duty to see to electrical repairs. He has 'been caretaker of this place about 7 1/2 years. He bears a good character.
CHARLES BAYMAN (prisoner, on oath). I have been caretaker at 115, Gower Street, nine years. On June 7 I went to have my hair cut. I lost my little dog and asked this man who was standing on the corner of University Street if he had seen a little black Aberdeen terrier; he said no. His face was familiar to Mr. I thought he was one of the students; he went up the staircase of the hospital and I had no suspicions whatever of the man. As I went away he called me back and said, "; Will you go an errand for me?" I said, "Where to?" He said, "I want you to go to Acton, as I have not time. "I said, "How long do you think it would take me?" H said, "Not more than half-hour." He handed me 1s. and this letter. There was an address on the envelope the cheque was in. I did not look at the cheque, as I had not my glasses. He told me which bank to go to. When I got to the bank I took the cheque out of the envelope and I realised then I had been made a Tool of; I could see by the expression of the bank man's face there was something radically wrong. I did not put the word "Eighty" on it. When I saw the clerk was suspicious I walked out of the bank with the intention of going to the right to the manager's office. It was raining in torrents. I stood in the doorway and hesitated and realised I had been fool enough to have gone with this cheque. I did not go into he church and see Father Rivers. I was with Sir George Chubb, of 6, St. James Street, two years. Before has I was at Palace Garden Mansions, Kensington, 8 1/2 years as caretaker. I have always been a trustworthy man.
Cross-examined. When the man gave me the envelope it was open. I put it in my apron pocket. He did not say anything about a cheque at all. I came to the conclusion there was a cheque because he said, "Bring me the money." When the clerk asked me to see the manager he went like that (indicating). I did not ask which way to go. I did not go out quickly; I walked. It is only two steps from the door co the counter. I went in the porch of the church. I did not notice the clerk from the bank come up; I should not have recognised him if he had. I did not see him before he spoke to me, I had not then just come out of the church. There were six other people there standing out of the rain. The porch was not so big as the jury box. I was worried at the time. I was thinking what could be wrong. I took my apron off as I came out of the bank; I could not say why. I did not take if off, I fastened it round my back. I put it in my pocket because that would be the place to put it. I did not say to the constable that the man that pave me the cheque came over with me and stood outside the bank. There was a man on the bus I knew as a canvasser for the English Record Company coming from Shepherd's Bush, and that is all I said to the constable. (At Counsel's request witness wrote on a piece of paper.) This wire is bell wire. I fix up electric bells. I did not bend the ends. You have to bend it to put it on the terminal, but not in that fashion, I have any amount of it at home.
Verdict, Guilty of uttering.
Previous convictions were proved for similar offences.
Sentence: Five years' penal servitude on each indictment, to run concurrently.
Sentence: Fifteen months' hard-labour.
The prosecution offering no evidence, a verdict of Not guilty was returned.
Halligan pleaded guilty.
Verdict (Bore), Guilty.
Each prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
Mr. Jellicoe prosecuted.
ISAAC NASH , 2U, Sheppard Street Buildings, Spitalfields. On June 21 I was closing the fish shop, where I am engaged, in Brick Lane at 12.30 at night. I heard someone calling for help about 50 yards away. I went to see what was the matter. I saw prisoners robbing a man. They walked away round a corner, then ran. I afterwards picked out prisoners from nine other men the same night.
Cross-examined by Abrahams. You went through Old Montague Street.
Cross-examined by Mocock. I did not hear what the inspector said to the constable when I went to the station. (To the Court.) I saw prisoners robbing the man. One had his arm round his neck and the other was going through his pockets. I was 50 yards away then. The police got to the spot before me.
Police-constable WALLER , 366 H. I was on duty in Brick Lane on June 21 after 12 midnight. I heard loud screams for help and ran in their direction. I saw prisoners; the tall one had his arm round the man's neck while the other was fumbling round his pockets. They apparently saw me going towards them. I heard money drop
and they ran away. I gave chase and kept them under observation through Old Montague Street and other streets into Osborne Place, where I first blew my whistle—I did not lost eight of them. Prisoners kept together. Police-constables 94 H and 99 H arrived and arrested prisoners. When they were charged Abrahams said to last witness, "I wish you were 5 ft. 8 in., you bastard, I would kill you," and to Police-constable 94 H, "I think you know Mr. You know the game is up." I went back to Osborne Street and found prosecutor had gone. We have not been able to trace him.
To Abrahams. Nash told me he saw a man pick up some money. I heard the money drop.
To Mocock. I saw you with your arm round the man's neck.
Police-constable GEORGE SHEPHERD , 94 H. I saw prisoners running up Osborne Place in the direction of Brick Lane, followed by Policeconstable 366 H. Abrahams was arrested by Police-constable Cullen. Mocock ran towards Fashion Street; then he made in the direction of Flower and Dean Street, where I caught him. He then said, "I am only running to see what is the matter. "I took him to Police-constable 366, and in consequence of what he told me I told him I should take him to the station. In Wentworth Street he said, "I will go quiet; where's the prosecutor; you need not hold Mr." I said, "That's all right, you have got to home along." At the station he was placed with nine others and identified by first witness, to whom he said, "I wish, you were 5 ft. 8 in., you bastard, I would kill you." I did not hear a police whistle till they got to Osborne Place.
Inspector HORLEY . I was in charge of Commercial Street Police Station at 12.40, when prisoners were brought in. I saw the witness Nash coming in with a constable. I stopped them from coming in at that moment. Nash had no opportunity of seeing prisoners before coming into the room. Prisoners were afterwards placed with nine other men in a passage way when Nash picked out prisoners as the men he had seen in Brick Lane. When charged Abrahams said to Nash," You are only a snout of the police. I have done a bit of it." Mocock said, "I don't care if I get five years, but I will get my own. against you," to Nash. Abrahams said, "You have not got a prosecutor, what can you do?" They both said, "He (Nash) saw us when you stopped him coming in the door."
THOMAS MOCOCK (prisoner, on oath). We were in a public-house in Brick Lane this night. I attacked no man. I had nothing to do with the robbery. When we heard the copper's whistle blow we see other people running and we run the same as them to see what was the matter. I have been convicted before, and these people knowing me, took a liberty with Mr. As Nash came in the door of the police station he see me; they took him out again to another door; Abrahams said he saw us once and the officers wanted him to go out and look
amongst a lot of us to see if we was there. I heard the inspector say about Nash, "Who is that, witness or prosecutor?"
Cross-examined. We did not come out of the public-house with a third man. We came out alone. I did not run till I heard the police whistle. We were then in Brick Lane. We ran in the direction of the whistle and ran into the policeman. I only went in one street, Brick Lane. I did not go through any of the other streets the officer said he chased us through. He did not arrest me in Osborne Street. He is committing perjury.
Cross-examined. I only ran in Osborne Street and Brick Lane... I do not know where Eaton Place is. I was not arrested in Osborne Place. I swear I was arrested in Brick Lane.
Numerous convictions were proved against Mocock; nothing was known against Abrahams.
Sentences: Abrahams, One month's hard labour; Mocock, Three months' hard labour.
BEFORE THE RECORDER. (Thursday, July 4.)
Mr. Roome prosecuted; Mr. Wild defended.
Mr. Wild stated that 'he had a surveyor in attendance, who had made a plan, and asked to be allowed to call him. The Recorder assented.
GEORGE TURNER , labourer. On June 27 I was unloading cargo from the Thurso, 'belonging to the United Shipping Company. About 12 noon I left work and with others went to the lock gates in order to cross the lock bridge. Both bridges were open. I was standing in. the same position *as the man with the umbrella on photograph (Exhibit 2), about 2ft. to 4ft. from the edge of the water, waiting for the 'bridge to close, when I felt a very sharp push from behind and I fell in the water I did not see who pushed Mr. I cannot swim and I 'became unconscious. I felt a constable put a lifebuoy round me and I was hauled up by the side. I do not know prisoner. I am a non-union man and was taking the place of the strikers. When waiting I did not hear any demonstration against me by anybody.
Cross-examined. I get my dinner on 'board another vessel, the Romeo, which is a-bout 10 minutes' walk from the Thurso; we get an hour for dinner. I had been waiting for the lock gates to close about
six minutes. I did not look to see who was outside the lock gates. I had never seen prisoner before. There was a large number waiting and there was a rush as the bridge closed. I suppose there were about halt a dozen dock workers behind me; I do not know about the other people. As I fell into the water the bridge was just coming into position. I do not believe the public are allowed to use the lock gates bridge; I think it is reserved for dock workers; I was standing inside the dock. The lock gates bridge was closing at the same time as the main bridge; I was not waiting for the main bridge to close. I gave evidence the following day and am still at work. Re-examined. I think the push was too severe to have been done by the crowd.
Police-constable ARTHUR HARMER , N Division. About 12.15 p.m. I was on duty at the foot of the swinging bridge in the position I indicate on the photograph No. 2. When prosecutor was pushed in the water the gates had just come into position. I was just in the dock, and the chain which is used to keep the public back was just behind Mr. Behind this chain there was a crowd. Prosecutor was standing within, about 7 ft. from the swing bridge on the incline—about 9 ft. from Mr. Prisoner was standing behind the chain in the main road amongst about 20 other men. I saw him take a step forward and deliberately push prosecutor on the left shoulder into the dock; I do not think the chain had been then taken down; he had to take one or two steps. I arrested him and said, "What did you do that for?" He said, "I know him, the bustard, serve him right." I conveyed him, with assistance, to the station. On the way he said, "Do you know if they have got him out?" I said, "I do not know." When charged he made no reply. On the charge being read over he said, "I don't know what made me do it.
Cross-examined. I was facing the incline. I had not seen prisoner before the push came. The thing was almost instantaneous. Prisoner was waiting to cross the pedestrian part of the main bridge, as were the people in West Ferry Road. There was a good deal of horse traffic waiting to go over. I am certain the lock-bridge was not just coming into position at the time of the time of the push. My eyes were not directed to the people in West Ferry Road. Prisoner was not pushed from the crowd; I saw him leave the crowd; he was between me and prosecutor; he was just at the corner of the big post; I was behind him all the time; he had to half right turn to do what he did. (Witness indicated on photograph No. 2 the position in which prisoner was standing.) He was all but in the dock. I saw him start moving. It was just as prosecutor was stepping towards the swing bridge that prisoner pushed against him: he bounced out from behind the crowd and hurled himself forward with both hands extended; he was not pushed by the crowd. At the time of the push everyone had come in front of prisoner. Prisoner was standing upright when I arrested him; he did not try to get away. Anybody could have heard his remark. He was charged with attempted murder; he was kept six hours before he was charged. He did not
say, "J do not know how I did it. "The bridge had been up a quarter of an hour and there was a tidy number of people waiting—not a large number. There was no rush for the bridge when this occurred. There might have been 30 or 40 people between the chain and the bridge; it would be untrue to say there were a large number; the space was nearly full. The chain is more to keep the vehicular traffic back than passengers; people at the side can get underneath it and people in the middle can get over it, as it sags there. Sometimes people get on before the bridge is actually closed.
JAMES ALFRED DESKS , barge searcher, Port of London Authority. At 12.10 p.m. on June 27 I was on duty en the lock side of the Millwall Dock at the spot I indicate on photograph No. 2 about 10 yards from the gates. I saw prisoner rush from the roadway and with his two hands pushed prosecutor into the water; I cannot say how far he had to go to do this, as everything was so sudden. I threw a lifebuoy to prosecutor. Police-constable Buss jumped in and put it over his head. I got a boat and got the constable out; prosecutor was hauled up at the side; he was all right when he was got out.
Cross-examined. I was right inside the dock, bat I could see part of the roadway. Everything was done in a flash. I did not see where prisoner was standing before he came forward; I cannot say whether he came forward of his own accord; he had to run crossways to reach prosecutor; he had to give him' a good push. I cannot say how many people were waiting in the road. Prosecutor was walking to the pedestrian part of the main bridge when he was pushed. The lock bridge was open so he could not have got across there; it would have been in position in another five minutes. I did not see a rush to get across, but there generally is one about that time. There may have been a considerable crowd there; there generally is; they are impatient to get across as it is their dinner hour. Anybody on the outskirts of the crowd is liable to be pushed sideways. (To the Court.) When I saw prisoner first he was by himself; he came from the crowd by himself. I should say he was 6 ft. or 7 ft. from them.
GEORGE COX , labourer, 102, Millfields Road, Lower Clapton. I am a non-union man. At about noon on June 27 I left the Thurso to get my dinner; I was with the same lot of men as. prosecutor and was waiting behind him for the lock bridge to swing into position, when I saw prisoner come by himself from a group of men who were. against the fence, put his hands behind prosecutor's shoulders and push him into the water; the group of men were about 3 ft. or 4 ft. to the left rear of prosecutor.
Cross-examined. I saw him cross the space between the group and prosecutor, but I did not see him start. I thought at first he had been pushed from the crowd, but if that had been the case he would not have gone all that distance.
Police-constable FRANK ERNEST Buss, Port of London Authority. At 12.10 p.m. on June 27 I was on duty at the swing bridge waiting for it to swing to when I saw somebody push prosecutor into the water with his two hands; it was a rush and a push; I could not identify
the man who did it. I dived in and put a lifebuoy over the head of prosecutor, who was sinking. The water was then about 27ft. deep. He was not unconscious. He was pulled out and I got into a boat.
Cross-examined. There was a crowd waiting to get over the bridge. There was also a large number inside the chain as well as outside. They made a rush. I should not say that prisoner was pushed in the rush; I can hardly say one way or the other. I was in the main road in charge of the chain.
Re-examined. In order to reach the bridge the crowd would not have to go into the dock where prosecutor was standing. (To the Court.) The men employed in the dock would use the lock bridge.
Detective-inspector ALBERT YEO , K Division. When I told prisoner at the station that he would be charged with attempted murder he made no reply. Later, on reading the charge over to him, he said, "I didn't know what made me do it." Police-constable Harmer was present at the time. He did not say, "I do not know how I did it."
Cross-examined. Prisoner's defence was indicated before the magistrate; the witnesses for the prosecution were cross-examined as to there being a rush. At the end of the case for the prosecution the magistrate expressed the view that it was a case for committal. Two witnesses were called for the defence. I took down prisoner's statement at the time. I read it over to him, and he made no comment. I directed Police-constable Harmer's attention to what he had said. Prisoner is a very respectable lad and has fairly well-to-do parents. (To the Court.) He was on strike. There was a good deal of feeling in the docks on the matter. He had been working on the Thurso before the strike.
Prisoner's statement before the magistrate. "I wish to make no statement now."
Mr. Wild submitted that there was no evidence to go to the jury that prisoner had in fact inflicted any actual grievous bodily harm.
The Recorder took this view, and directed the jury to deal with the case as one of common assault.
WILLIAM FREDERICK WATERS (prisoner, on oath). I am a stevedore's labourer, and live with my parents at the "Magnet" beerhouse, West Ferry Road. My father is the licensee, and has lived in the neighbourhood five years. I have never been in any trouble before. I am a member of the Federation and was called out on strike, whether I liked it or not. I have taken no active part in it. I could not understand properly what the strike was for; I did not want to strike. My earnings averaged 20s. a week. Since I have been on strike I have given my mother three 6s. towards my keep. The strike is really a holiday for me. I have worked for this line, but I have no recollection of working on the Thurso, certainly not during the last twelve months. On June 27 I went out for a walk, and when I got to this bridge I could not get across; there were about 200
people waiting, and there was a good deal of vehicular traffic. I was standing at the end of the fence, just at the top of the incline, at the spot I indicate in photograph No. 2. The crowd was right across the road and there were a good number coming from the dock. After waiting about fifteen. minutes the bridge closed. I felt a push from behind and I went forward. I put my hands out to save myself and happened to catch against prosecutor. I saw him go into the dock. I could not stop myself from going down the incline as I was pushed that way in the rush. I was very near to going in myself. I was going in after him when the constable caught hold of me. I have a medal for swimming. I had never seen prosecutor before, and had not any feeling against him. I did not rush forward on purpose to push him over. When I was arrested there was a bit of shouting. I did not call the prosecutor a bustard and say that I knew him, or that it served him right. I go to a Church Bible class and play football for it. When charged I said, "I do not know how I did it," which was the fact. I was pushed in the rush, and if prosecutor had not been in the way I should have gone in myself.
Cross-examined. I did not know what time the dock workers left off for dinner. I used to leave at twelve, and I know that was the dinner hour, but I did not know where the workers got their dinner. I was alone. I know Pether and Clifton only to speak; to; they are not members of the Transport Workers' Federation. There was no need for me to go into the dock, but having lost my balance I had to go. I did not know at the time that prosecutor was one of the free labourers. I have no idea who pushed me; it must have been a very hard push, I agree. I do not believe prosecutor was standing as much as four feet away from the edge. The constable may have heard somebody in the crowd say what he says I said. I cannot recollect Inspector Yeo reading to me the statement I made. He and Police-constable Harmer misunderstood" me when they say I said, "I do not know what made me do it." I do not know Deeks or Cox. (To the Court.) I realised the gravity of the charge, but I was too "knocked back" at the station to say anything about it being an accident. I made no statement at the police court; I was represented by a solicitor. I was not asked to go into the box. When I was asked if I had anything to say I do not remember saying, "I wish. to make no statement now." Mr. Ellsmore advised me not to go into the box.
WILLIAM GEORGE ELLSMORE , solicitor. I have been practising in London nine months. I took a statement from prisoner, my client, before the police court proceedings. At the police court I crossexamined the witnesses, indicating that the defence was that it was an accident. At the close of the case for the prosecution the magistrate clearly intimated to me that he would send the case for trial. I thought it would be useless to call prisoner. The magistrate accepted prisoner's statement through me that he wished to make no statement then. It did not occur to me that it was important that he should make his explanation at the first opportunity. This is my first big case. This defence has nothing to do with the union.
JOSEPH CLIFTON , tube bender. I have nothing to do with the strike, and am not a union, man. A little after midday on June 27 I was in West Ferry Road, in which there were about 200 people waiting for the bridge to open. I was about a yard behind prisoner. The bridge shut and the usual rush came from the people in the road and from the dock. I heard a splash and I heard someone shout, "Man overboard I" I saw prisoner almost on all fours as if he had slipped down the kerbing or had been pushed.
Cross-examined. There was not a rush to get inside the dock. The first time I saw prosecutor was when he was in the water.
Re-examined. Prisoner was in a stooping position as the policeman caught hold of him.
HENRY PETHBE , stevedore. I am on strike. A little after noon on June 27 I was in West Ferry Road, where a large number of people were waiting for the bridge to close. I was standing about a foot from prisoner. As the bridge closed there was a rush and he was shoved, and he slipped down the slope. He put his hands up to save himself, and he must have knocked against prosecutor instead, whom I did not see, as prisoner was between him and me. I heard a splash. Prisoner was arrested when he was on his hands and knees. He nearly went into the dock himself.
Cross-examined. I know prisoner, but have never worked with him. I was going over the bridge to buy some fowls' food. I knew the men were leaving for their dinner. I was in prisoner's company. Somebody pushed me from behind, but I just saved myself, or I should have gone the same way as prisoner. (To the Court.) I did not say anything to the constable because he never asked me.
JOHN MARSHALL , stevedore. I am on strike. A little after twelve on June 27 I was in West Ferry Road on my way to see a pigeon race. There were about 200 people waiting for the bridge. As we went to get on just as it was closing there was a rush, and I saw prisoner go down the incline with his hands out. I then heard a splash. The policeman took prisoner as he was in a stooping position. He did not give me a chance to say anything.
Cross-examined. I know prisoner, not exactly as a friend. I live in the same street. Prisoner was standing just on my right. I had no interest with the stokers.
Re-examined. I was pushed to the left and he was pushed to the right.
JEREMIAH HEPPERMAN . stevedore. I am a single man living at West Ferry Road. I am on strike. Between twelve and one on June 27 I was waiting just to prisoner's right for the bridge to open. As the bridge came to there was a rush and prisoner was pushed from behind. He went forward and put up his hands to guard himself. The next I heard was a splash. I was at the police court the next day, but I was not called. I went there at the suggestion of prisoner's father. I told him what I had seen.
Cross-examined. There may have been one or two between me and prisoner. I did not push; I was leaning against the fence; it
must have been one of the people between him and Mr. I was not pushed myself. I never spoke to the policeman.
Re-examined. It was a rush from behind.
JOHN WEBDON , confectioner, West Ferry Road. I have known prisoner four years. He is an honest, respectable boy and a hard worker. I have never heard him use foul language. He plays for a football club in connection with the St. Luke's Church and he also goes to the Bible class.
(Friday, July 5.)
Verdict, Guilty of common assault. Sentence was postponed till next sessions.
BEFORE THE COMMON SERJEANT.
(Thursday, July 4.)
DAWSON, John Christopher (43, grocer's assistant) , obtaining by false pretences from Frederick Mazfield Mather £1 8s., the moneys of the National Amalgamated Union of Shop Assistants, Warehousemen and Clerks, with intent to defraud.
Mr. Coutts Trotter prosecuted; Mr. Purcell and Mr. Tully-Chriatie defended.
Prisoner was tried at the June Session (see page 284), when the jury disagreed.
Prisoner, in defence, repeated his evidence on oath. In cross-examination, Mr. Coutts Trotter put to the prisoner documents in the names of Charles Rawlings and others suggested to be in the same handwriting as the declaring-on form of A. White.
Mr. Purcell objected to the evidence as irrelevant to the present indictment and as referring to distinct and separate charges which could have been investigated before the Magistrate. This evidence rejected by the Recorder at the last trial as coming under the case of R. v. Ellis (5 Cr. App. R., 41).
The Common Sergeant said that be did not think the case of R. v. Ellis bore upon this, and he would admit (he cross-examination.
Declaring-on forms in the names of Charles Rawlings, George Gore, R. Gent, E. J. Partridge, were put to the witness and submitted to the jury.
Sentence: Six months' imprisonment, second division.
BEFORE JUDGE RENTOUL.
(Thursday, July 4.)
Mr. W. B. Dalley prosecuted; Mr. J. P. Oliver defended. Detective-sergeant HUBEBT SMITH , City Police. On April 29 I was in Houndsditch, where I saw prisoner. I followed him to The Arcade, Liverpool Street. He went into Elkan's at 11.30, and remained there till 12.35. I saw he was ordering goods. When he came out I followed him into Bishopsgate Church Passage where he threw the box (Exhibit 1) into the churchyard. It was empty. Defective-constable Amos picked it up. I still followed prisoner. He went towards the "Old Bishopsgate" public-house, when he had in his hand the box Exhibit 2. I was then with Detective Amos. I said to prisoner, "We are police officers. What have you got in your hand?" He said, "Knives." I said, "Where did you get them? He said, "I bought them in Houndsditch; I will take you there. "He then took me to 72, Houndsditch. asked the manager there if prisoner had bought any knives there. He said "No, but he has ordered a lot of goods. "Prisoner did not say anything then. I took him to the station. I then made inquiries at Elkan's, and from what I was told he was charged with stealing. At the station there was found on him these fourteen knives. When charged he made no reply.
Cross-examined. My suspicions were aroused from other information I gathered. I had an idea he was what we call "on the job." I expected to see him do something. I did not ask him if he bought the knives in Houndsditch; he said he would take me where he bought them.
GEORGE W. TUBPIN , manager to John Elkan, 6, Metropolitan Arcade, B. C. Prisoner came in on April 29 at 11.30 and asked me if we sold English cutlery, saying he had been to another house in Houndsditch, and they had recommended him to see me. He showed me their card, Romain and Bolen. He stayed about an hour. He ordered goods to the value of £45. The two boxes of knives were amongst the twenty lots I showed him. They have my writing upon them. About three minutes after prisoner left I checked the goods and found there were two boxes short.
Cross-examined. I dare say the knives can be bought elsewhere. When I missed the goods I did not go out to try and find prisoner. Detective Smith came to me two or three minutes after prisoner had left. It was then that I checked the goods. Up to that time I had missed nothing. Prisoner told me he was going to Charing Cross
to see the manager of the shipping office to get a cheque so that be could come back and pay for the goods he had chosen.
Re-examined. The quantity of articles missing tallied with what prisoner took. I have not the slightest doubt about them being Mr. Elkan's property. I have no private marks on the knives.
EDWARD MARSHALL (prisoner, on oath). On April 29 I was living at 20, Dorset Street, Whitechapel. I went into Elkan's shop. I had not been into one or two shops in Houndsditch before that. Mr. Turpin asked me what I was going to do with the knives. I said, "Sell them on board ship, as I am going to take a passage to Australia on a boat that sails on Wednesday." I told him I was going to the Board of Trade Offices and get some money by showing my seaman's papers at the Charing Cross shipping office. I did not take these goods from Elkan's. They came from Davis's, Denmark Hill. One of the boxes is Faudel and Phillips' and the other Davis's. I did not tell Detective Smith I bought the knives in Houndsditch. He said, "I have followed you from Houndsditch, therefore you had better come to Houndsditch with Mr. "He took me into a place next door to Abraham's. The manager said he did not know me. I have been selling knives this last eight years. I sold some on April 26 to Detective Smith. He asked me if I could get dessert knives to get him half a dozen. This was on the Friday. On the Saturday he was not there, and I sold them in the bar at 99, Bishopsgate Street, I was in Elkan's at ten to eleven and came out at ten past eleven. I was arrested at twenty past. If Mr. Elkan produces the form yon will find I never ordered pocket knives.
Cross-examined. I have been getting my living by selling knives more than eight years. I have been selling knives regularly for the last eight years as an honest tradesman. I deny that I have been in penal servitude twelve years during the last thirteen. I did not say I had been selling continuously for eight years. On the first day of last session I applied to Sir Forrest Fulton to postpone the trial, and he told me that he would put me back to see if I could get witnesses. I have been unable to do so because the police-constable would not order witnesses to appear; he has distinctly told them not to do so. In my application before the Recorder last session I handed him a sealed envelope. I did not know what was in it. It was given me while I was doing exercise at Brixton. It was addressed to the clerk, and on the envelope was "to be given to the Judge at the coming trial of prisoner, Edward Marshall." (Envelope handed to prisoner.) This is not my writing on the envelope. I took it to be a statement in answer to a petition I sent to the Home Office asking them to appear at my trial and also to grant me bail to call witnesses from the United States. I mentioned something about documents, but I do not think they should be mentioned because it is private. It is about something stolen from the War Office and now in the-hands of several German anarchists. I do not know whether you call them
anarchists; they are something to do with the German War Office and shipping offices. I am the only man to get hold of these documents. I said unless I was granted bail a European, war would be the result, and I believe it to be so. This is as true as my attacks upon the police. My mother and two officers in the American Navy are coming over and will be here on Monday. I bought the knives from Davis, pawn broker, Denmark Hill. He advertises a good deal. I have not asked my solicitor to get any witness till this morning. I last saw the American witnesses four years ago. They will speak as to my first seven convictions brought against me, which I deny ever having done.
Prisoner was further indicted for that he was convicted of felony in the name of William Inglesby at the Newington Quarter Sessions on August 14, 1906.
An OFFICER (not named). I was present on August 14, 1906, at Newington Quarter Sessions when prisoner was sentenced to five years' penal servitude in the name of William Inglesby after a previous conviction being proved against him.
Cross-examined. I say that this conviction was on August 14, 1906.
Prisoner. May I make a statement? I wish to say that at Newington Sessions he took another man in the name of Marshall who had a number of the same convictions brought up against him as is being brought against me now. I have never had any other name but Marshall.
Prisoner (to Judge Rentoul). I know nothing of the conviction in the name of Inglesby. When I was at Brixton Prison I was informed that there was another Marshall there. In 1906 I was in Buenos Ayres. I left there on August 27 for Portsmouth. I can call two American officers to prove I was at that time a petty officer in the Royal Navy. They will be here on Monday next.
Prisoner was further indicted for that he is a habitual criminal.
Cross-examined by prisoner. I prosecuted in that case. I caught you outside the "Swan," near the Crystal Palace.
Police-constable JOHN WILLIAM ISAM , Chelmsford Police. I was present at Chelmsford Quarter Sessions on January 1, 1902, when prisoner was sentenced to five years' penal servitude as Henry Isaacs for larceny. I have no doubt it was this man. I apprehended him.
Prisoner. I pleaded guilty to that, but this officer was not in charge. The officer was Scott.
FRANCIS PEAECE , Criminal Investigation Department. I was present at North London Sessions on August 14, 1906, when prisoner was sentenced to five years' penal servitude in the name of Inglesby. I have no doubt he is the man.
Detective-sergeant HUBERT SMITH recalled. I had a conversation with prisoner with reference to this jemmy. He said he took it to Davis, 1, Clapham Common, for a friend of his. This was on the 18th, nine days after his last release. It had signs of being recently used when we found it. I told prisoner there was a jemmy left at this man's house, and he said "Yes, I left it there; it is not mine. A friend of mine named Pedler—you will find him in White's Bow—asked me to take it to an address for him and I forgot it." This knife was found on prisoner and he was charged with the offence on April 29.
MR. OLIVER. He is charged with an offence that has not been proved.
Detective PEARCE, recalled. I have heard the three convictions proved. The five years was proved when I had prisoner at North London Sessions; the other convictions were also mentioned and he admitted then that they were correct.
HENRY BAXTER , salesman to Farquharson and Co., Houndsditch. On April 16 last prisoner came into our place and ordered about £300 worth of goods. He said he was a petty officer in the Australian Navy, and that he wanted the goods for sale on board the vessel going out. After he left I found two dozen pocket knives missing.
Cross-examined. I have not seen the knives since. I suspected at the time that prisoner took them and gave information to the police.
FREDERICK W. Low, manager to Charles Clements, 17, Billiter Street, E. C. On April 29 prisoner came into our shop. He said he required some six dozen knives; could we supply them at a discount? I showed him several patterns. From those he went on to strops, razors and scissors. He was in the shop an hour and twenty minutes. We really suspected the man was up to some mischief, but nothing was missed till the officer came in with this knife which is stamped with our name and address. I did not sell the knife.
Cross-examined. I am positive we did not sell this knife.
Detective-sergeant HUBERT SMITH , recalled. On May 9 I saw prisoner at the Guildhall Police Court. I said, "You may be charged with being a habitual criminal. Can you give me any information with regard to yourself?" He said, "I have worked for four days on the coal steamers running from Cardiff to the Tyne. This position was obtained for me by Mr. Pollock, of 2, Horseferry Road, in the name of Edward Marshall, from April 16 to April 21, last year." At that time it has been proved he was in prison.
Sentence: Three years' penal servitude and five years' preventive detention.
Mr. Bodkin prosecuted; Mr. Lewis and Mr. Warburton defended.
Police-constable FREDERICK ROBBINGS , 233 C. I know prisoner well as the proprietor of Westbourne Chambers, 84, Charing Cross Road. It is a block of flats over a loan office. I have known him three years. On March 21 I was on duty in Charing Cross Road and took a woman, named Martha Nielman into custody. I knew her as a common prostitute residing at 84, Charing Cross Road. She was convicted and recommended for deportation. During May I saw prisoner daily. He asked me to have a drink on several occasions and passed remarks about the young girls passing. "Nice, quiet girls like mine." Sometimes he spoke about the weather. I always told him to mind his own business; I did not want to have anything to do with him. On May 27 I arrested Eva Nielson, another prostitute living at 84, Charing Cross Road, for accosting. She was recommended for deportation. On May 29, in the evening, prisoner said to Mr. "I looked for you last night and could not find you. What do you want to lock my girls up for?" I said, "What do you mean?" He replied, "Well, business is business, you know. I don't want to be bad friends. Take this," producing two two-shilling pieces and one shilling, "and I will bring you out a drink." I said, "Any information you want about the girls go to Great Marlborough Street Police Station, but drink and money I should not think of accepting. Go away. As I have told you before, remember, once and for all, I shall not put up with you following me about. "I went away, and prisoner went into the saloon of the public-house at the corner of Old Compton Street and Charing Cross Road. A quarter of an hour later he came across the road towards me and took hold of my right arm, saying," Don't be nasty; I know you locked the girl Nielson up the night before last. Can't you see the harm you are doing me? Take this, that will be all right," and again produced the money. I told him I should take him into custody and prefer a charge against him for obstructing the police. He said, "No, that be damned for a tale. This won't come off." I took him to Great Marlborough Street, and in prisoner's hearing told the facts to the station officer. I wrote down what occurred immediately afterwards. When the charge was read over prisoner said, "I hold a lease of 84, Charing Cross Road, and there is twenty years to run yet." I searched prisoner, and on him were found the two two-shilling pieces and the" one shilling, also 2 1/2 d. in bronze. Next day prisoner was remanded, on bail. On June 7 I saw prisoner at the court again. He was very drunk. He was remanded in custody. On the 14th the case was gone into, and he was committed for trial.
Cross-examined. I have seen women taking men nightly to these premises. I am positive there were five or six prostitutes living there. I have reported those I know as prostitutes. I have heard that one of
the resident medical men from Charing Cross Hospital has been at this house six years. I do not know that a well-known member of the Bar has been there six years. I said at the police court, "I have never liked this man since I have been in the division." I do not see how anybody could like him when he is always in the company of prostitutes. I am not prejudiced against the man at all. I know he has been in the service of several noble families in England. When I arrested prisoner he did not say, "This beats cock-fighting, but let me go and tell the missus." He was charged with obstructing the police. His being charged with bribery was nothing to do with me; that was done in conference at the solicitor's office.
JOSEPH STRAW (prisoner, on oath). I have lived at 84, Charing Cross Road six years. My lease has 20 years to run. I have lodgings for gentlemen; I have bed-sitting-rooms. There have been with me for six years a doctor from Charing Cross Hospital and a barrister; the latter has been there 14 years. The girl Nielman resided at my premises. She said she belonged to the music halls. She was arrested on March 21. I did not know it at the time. Eva Nielson was arrested on May 27. She was only with me three weeks. She came as a music hall artist. I have never seen the women bring men in. On May 29, about 10 p.m., I saw Police-constable Robbings. I said, "Good evening." He said, "Hullo, Jack, are you going across to have your tonic?" I said, "I am." I was in the public-house about five minutes. I saw him on my way back. Nothing he has said took place. He was standing in the same place. He said to me, "It looks like rain." I said, "Yes, it looks like thunder; I think we shall have a storm. "We stood there a minute or two. I then said, "I will be going upstairs now." He collared me by the arm and said, "Come along with Mr." I said, "Goodness gracious, what for?" He said, "I will let you know when I get there." I said, "Let me go and tell the wife, there is nobody at home only her and the grandchild. "As I was going up Old Compton Street I said, "I am damned if this doesn't beat cook-fighting." I heard him state the facts at the station. I made no observation. The 5s. I had on me belonged to my wife; it was her change. This is the first time I have ever been charged with any offence.
Cross-examined. There are 12 rooms in the house. Nine are letting-out rooms. I have had two', three, and four rooms empty all the year. Nielman lived there a few weeks. Only one other girl lived there. She was there about a month. One paid 50s. and the other £2 a week. That includes attendance and linen. They came by seeing a board up with "Rooms to let." I did not ask for references. I do not know of a woman named Martha Richter being arrested for being a disorderly prostitute on March 10, or Helen Allen in September last, who gave the address of No. 84, Charing Cross Road. I do not remember women constantly disappearing from my premises and not coming back. I did not know of a woman named Larsen or Larkin
being arrested for being drunk and disorderly on May 20. All tenants have a key. We live at the top of the house. They all paid in advance.
Verdict, Not guilty.
BEFORE MR. JUSTICE PICKFORD.
(Friday, July 5.)
RODGERS, Robert (50, solicitor) , being trustee of the property devised in die will of William Alexander Rodgers for the use and benefit of William George Rodgers and others, unlawfully converting part of the said property, to wit, cheques for £500 and £200 and the proceeds thereof, to his own use and benefit; being entrusted by Winifred Woods and the said W. G. Rodgers with a banker's cheque for £130 in order that he might apply the proceeds thereof for a certain purpose, unlawfully fraudulently converting the same to his own use and benefit; in incurring a debt and liability of £200 to Alfred Gordon Craig unlawfully obtaining credit by means of fraud; having received certain property, to wit, a cheque for £2,053 7s. 9d. for and on account of Azilla Thompson, unlawfully fraudulently converting the proceeds thereof to his own use and benefit.
Mr. Muir and Mr. E. Percival Clarke prosecuted; Sir Frederick Low, K. C., M. P., and Mr. Aubrey Davies appeared for prisoner.
Prisoner pleaded guilty to the indictment charging him with fradulently misappropriating as a trustee £500 and £200, and this plea was accepted by the prosecution.
Sentence: Three years' penal servitude.
Mr. Bodkin and Mr. Travers Humphreys prosecuted; Mr. Curtis Bennett defended.
MRS. CUNNINGHAM , 36, Lochinvar Street, Balham. The deceased was my mother; she had been separated from my father for about two years. She first made prisoner's acquaintance about three years ago; prisoner used to visit her at Letchworth Street, Tooting, where she lived, and generally stayed the night. He left England in September, 1910, and returned in May last. In that month I was at the "George Hotel," Balham, with my mother, when we met prisoner by chance. After that I saw him at mother's house, 62, Balham Grove, several times. About a fortnight before her death he gave her a sovereign to buy a hat, and they went out together to get it; on their return they were both rather intoxicated; prisoner stayed that night. Two days after I heard him threaten mother with the wash-hand jug, saying," I will knock your b—brains out with this jug. "He was not sober. On June 6 I met mother about a quarter to one and left her at 1.30; during that time she only had one drink; she see-med pretty well; there were no signs of injuries about her. I did not again see her
alive. About eight that evening, as I was going home, I met prisoner. He said, "Ethel, I have killed your mother; I only wish I had not; will you come round?" He had had some drink. I followed him to 62, Balham Grove; I wanted to go into the back kitchen where mother lay, but he pushed me back, saying, "You can't go in; fetch a policeman, or I will cut my throat. "Some men came up and took him away, and I then went into the kitchen. While there I heard prisoner say, "God bless her; may I kiss her?" The three flat-irons (produced) belonged to mother; also the chair produced. When I last saw it before June 6 the chair was not split and dented as it is now. Mother was a good-tempered woman until she was in drink or upset; about five or six glasses would make her quarrelsome.
Cross-examined. When they were sober mother and prisoner appeared to be very fond of each other; when under the influence of drink they would swear at each other; he has threatened her; she has accused him of being fond of other women.
ELIZABETH JEEVES . I lived with my mother (the deceased) at 62, Balham Grove. On June 6 I got home about half-past seven; on going to mother's room I found the door locked; I went to fetch some friends, and on returning found the police there. I have known prisoner as a friend of mother's. About a fortnight before her death I heard him threaten her. He caught hold of her and said, "Give me a knife, I will kill her "; he was not sober. On a later occasion he threatened to murder her with a wash-hand jug.
THOMAS BIGGS , potman, "Duke of Devonshire," Balham High Road. On June 6, about 11.30 a.m., I saw prisoner in our bar; he was saber. JOHN THORNTON , sweep. On June 6, about 11.45 a.m., I was in Russian Road, Wandsworth; that is about 10 minutes' walk from Balham Grove. I saw a man very similar to prisoner leaning with his back against No. 8, Russian Road. About 120 yards from there, in Thurley Road, I saw the deceased woman; she was arranging her hair; she wore a hat which looked as if it had been mauled; she seemed upset and agitated. We had a conversation. Later I passed the man again, and he made an observation to me; I noticed something about his manner of speech. Later on I saw a number of men put up in a row, but did not identify anyone. On June 21 I gave evidence at the police court; I remained in court. I heard prisoner at the end say," I reserve my defence. "I then thought his way of speaking sounded very similar to that of the man who spoke to me in., Russian Road. Still, I am not able to say for certain that I had ever seen prisoner before seeing him at the police court.
MRS. DICKINSON . I occupy the top-floor at 62, Balham Grove. On June 6. about 12.45 p.m., deceased called out to me from the passage to ask if anyone had been. I answered her, and she went out. I next saw her about a quarter to two at the street door. She was quite sober. About two o'clock I heard three screams in a woman's voice coming from the downstairs rooms, also some thumps, as if a piece of furniture was being banged up and down. Shortly after I heard the street door slammed, and from my window I saw prisoner; he passed two doors down the street and then turned back and got in through the front-room
window. He was staggering very much. I went out and returned with my husband about half-past seven; prisoner was then in his back room; I heard no further sounds.
Cross-examined. I had on other occasions heard sounds of quarreling from Mrs. Jeeves's rooms, and I thought this was an ordinary quarrel.
DERWENT M. MILES . On June 6, about 9 p.m., I heard coming from the front garden of 62, Balham Grove, sounds of a woman sobbing. I saw prisoner standing at the gate. With a neighbour (Bryant) I went into the ground-floor back room, where I saw mrs. Jeeves lying on her back on the floor in a pool of blood; she was dead. We kept prisoner till the police arrived. Just before leaving he looked at the body and said, "Good-bye, old sort."
Cross-examined. Prisoner seemed stupified with drink.
Police-constable WHITTLE , 46 WK. On being called by Miles I arrested prisoner. Near where the woman's body lay I found the flatiron (produced). Prisoner said, "I killed the woman deliberately; we had a row." There were marks of blood upon his clothing. He had been drinking; he spoke quite calmly and did not seem excited.
Inspector BALDWIN DAINES . I saw prisoner at Wandsworth Police Station on the night of June 6. I cautioned him, and asked, "Do you know what you are being detained here fort" He replied, "Yes." Later he said, "I won't beat about the bush; I killed the woman; that ends it: we had a row; I did it when I was drunk."
Cross-examined. Prisoner had been drinking.
Detective-inspector GEORGE NICHOLLS . On June 7 I told prisoner I should charge him with wilful murder. He replied, "I used to live with her and I went away to sea; when I came back I met her again; she accused me of drinking with other women; we had a row; I struck her and I killed her; that is the b—end of it; we had been drinking together.
GEORGE KARR GRIMMER , divisional surgeon. On June 6, about a quarter to 10 p.m., I went to 62, Balham Grove, and saw the dead body of Jeeves. There was much blood coming from serious wounds in the head. On the floor was this flat-iron; there were blood and hair on it. On June 9 I made a post-mortem examination. There were four large scalp wounds on the top of the head; a very extensive wound behind the right ear and a smaller one on the neck. The skull was fractured. All the wounds could have been inflicted with this flat-iron. I saw prisoner at the station soon after midnight; he smelt very strongly of drink and was unsteady in his walk. There was no injuries on him.
used to have when in drink, which was. quite frequently. On June 5 he had been out drinking all the day. He had never seen or spoken to Thornton, and did not know where Russian 'Road was. He got to 62, Balham Grove, about 12 or one o'clock midday. Only Jeeves was there. He had no very good recollection of what happened. She started rowing with him. Suddenly she jumped up and said, "I will either murder you, Frank, or you will Mr." She picked up the flat iron and threw it at him. She made a rush at him with both her hands; the struck her and she fell, partly from the blow and partly from the drink she had had. She got. up and said, "I am hot done yet." She had the iron in her hand and punched him about the ribs with it; he tried to take it from her; she raised it and aimed to strike his head with it; he dodged it, and it struck net own head, He had no clear recollection of what followed, he was so much dazed with the drink and the quarrel; he must have snatched the iron away in the struggle and struck her with it.
Verdict, Guilty of manslaughter.
In April, 1909, prisoner received three months' hard labour for wounding a prostitute with whom he was living.
Sentence: Eight years' penal servitude.
BEFORE THE RECORDER.
(Friday, July 5.)
ROGERS, Emily (30, factory hand) , feloniously administering to Elizabeth Johnson and Minnie Surrey a certain stupifying and overpowering thing with intent to enable her to commit 6 certain indictable offence, to wit, larceny; stealing one sheet and other articles, the property of Elizabeth Johnson.
Prisoner pleaded guilty to the second indictment, and this plea was accepted by the prosecution.
Prisoner had been deserted by her husband four year's ago; for some long time she had been addicted to drinking.
Sentence: Six months' imprisonment, Second division.
BEFORE THE RECORDER.
(Friday, Saturday, and Monday, July 5, 6, and 8.)
Mr. Wynn Werninck prosecuted; Mr. Purcell defended.
Prisoner was tried at the June Session (see page 321), when the jury disagreed. The evidence at that trial was now repeated.
With reference to prisoner's evidence in the former trial as to a certain statement made by a Mr. Boucock Bird (see page 325) when
at the police station, the following further evidence was called, at the suggestion of the Recorder.
Detective-sergeant FREDERICK WEST , C Division, repeated the evidence he had given, and added: At the station Mr. Boucock Bird, in the presence of prisoner, said, "I saw two men run out of the house. One had a black coat on. That was after Mr. By worth' had gone." Prisoner made no statement on that. A description of these two men was circulated.
Cross-examined. I am speaking from memory as to what Mr. Bird said, assisted by the description that he gave me at the time of which I took a note. He is outside now. We have not communicated with him since the last trial, and I have had no conversation with him. Mr. Byworth wrote to him. On prisoner I found this tailor's receipt (produced).
JOSEPH BOUCOCK BIRD . I go to the A Cambrian Stores "to meet prosecutor two or three times a week. On May 20 I was sitting with him at table No. 3, on his left, at the end of the long side facing the wall. As he was finishing his lunch I was looking at a piece of jewellery with a glass in my left eye; my right eye was closed. There was a sort of tussle. I took my glass out ad saw Mr. Byworth running to the door. I did not see the bag taken; I saw it was gone. Another man was behind him in a dark coat. I did not see what happened to Mr. Byworth. When I first went in, to the best of my belief a man was sitting at No. 9 table and one at No. 10, and one at No. 7; the man at No. 9 had a dark coat on. After this robbery the first I noticed of Miss Izard was when she opened the window and called for the police. When Mrs. Wilson came up there were no customers in the room besides myself. I waited there until Mr. Byworth returned and then we went to the police station.
Cross-examined. He asked me to do so. I was asked at the station if I had seen prisoner, and I said I had not. I told them when I have stated in my evidence to-day. Sergeant West asked me to attend at the police court the following morning, and I did so. I was not called. I cannot say whether there were one or two men behind Mr. Byworth; I might have told Sergeant West I saw two men when at the station in the excitement. I should say now there was only one. Mr. Byworth wrote to me last night to come here. After the last hearing he told me that prisoner had said I had said at the station that a man with a black coat had taken the bag. I did not say that; I did not see the bag stolen, and I could not have said it.
Inspector HENRY WILLIAM BARNICOTT , C Division. At 3.20 p.m. on May 20 I took the charge against prisoner. I first took the prosecutor's statement, then Johnston's, then the constable's, and then Mr. Bird's. In the presence of prisoner Mr. Bird said, "I was setting at a table with Mr. Byworth. I was looking at some-thing Byworth was showing Mr. Byworth was thrown over. I thought it was a joke. I saw two men running out of the door, one of them dressed in black. I did not see the prisoner there. "I took a note of that in the memorandum book. When he got to the word "black" prisoner said, "He says the man who stole the bag was dressed in black." I said, "No,
he says that of the two men who ran out of the door one of them was dressed in black. "He made no reply. I made no note of their latter part of the conversation.
Prisoner's further evidence on this point was as follows:
ROBERT COLLINGHAM (prisoner, on oath). When giving my evidence at the previous trial I was under the impression that Mr. Bird had said that the man who took the bag was in a dark suit. When I heard him as I thought say that, I said, "You hear what he says—a man with a dark suit. That could not be Mr. I have a light one on. "All the inspector said to me was "Shut up." Mr. Bird spoke in a very quiet voice and I misheard him.
It was stated that prisoner had been charged in May, 1910, with' the theft of some money, but on his refunding this the charge was withdrawn. He was an associate of a man named Conway, who had now absconded, with whom he had been for the past three months to the" Cambrian Stores."
Sentence: Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, July 5.)
DOLAND, Henry (33, agent) , forging and uttering, knowing the same to be forged, the endorsements on certain orders for the payment of £15 17s., £31 12s., and £6 9s. 9d. respectively, in each case with intent to defraud; having received certain property, to wit, the said cheques for £15 17s., £31 12s., and £6 9s. 9d. for and' on account of Ernest Noeh, unlawfully did fraudulently convert the same to his own use.
Mr. Eustace Fulton prosecuted; Mr. Daniel Warde defended.
ERNEST NOEH , trimming manufacturer, Annenberg, Saxony, On October 1, 1911, I entered into agreement with prisoner (produced) to act as agent for me in London, obtain orders., transmit them to me, and render accounts furnished by me to the customers, which were to be paid direct to Mr. Among the customers introduced was Bususio, of 29, Barbican. Produced is my monthly statement dated January 21, 1911, for £16 5s. 5d. less 2 1/2 per cent.—£15 17s. It bears" printed on the side "All payments to be made direct to the firm. "It was sent by me to prisoner. Similar statements are produced for goods delivered in February amounting, after deducting 3 3/4 per cent., to £31 12s. 9d., and of March 22, 1912, for £6 9s. 9d. On this statement the words "Payments to be made direct to the firm" have been cut off. Three cheques produced for £15 17s., £301 12s., and £6 9s. 9d. are made payable to Ernest Noeh or order, they are endorsed in my name, not by me and without any authority given by Me. I wrote to prisoner about Bususto's account and received letters from him of March 13 and March 14, stating that he had settled the matter
and was expecting a cheque. On March 29 he wrote, "Bususto's settlement en route. "(A number of letters were produced up to April 20 referring to a settlement being come to with regard to Bususto's account.) On May 14 prisoner telegraphed stating that he was coming to see me in Germany, bringing cheques. He did not call on Mr. I have never received the proceeds of the three cheques mentioned.
Cross-examined. There were no disputes between me and Bususto. Prisoner told me that he had collected the money. I received no account from prisoner showing that there were large sums due to him for commission.
WALTER JAMES Low, clerk to Bususto and Co., manufacturer's agents. On March 8 prisoner received cheque for £15 17s., on March 22 cheque for £31 12s., and early in April cheque for £6 9s. 9d.; they are signed by my principal and delivered to him in my presence. Prisoner asked if we could oblige him with the cheques as Mr. Noeh wanted them.
SAMUEL ALEXANDER BEARDS , 31, Barbican, wholesale jeweller. On March 8 prisoner bought me cheque for £15 17s. produced and asked me if I would oblige him with an open cheque for it, which I did. On or about March 22 I cashed cheque for £31 12s. and on May 7 I gave him an open cheque in return for cheque produced for £6 9s. 9d. Prisoner endorsee all these cheques in my presence. I asked him if he bad authority to sign Ernest Noefo's name; he said he had. I knew prisoner had a banking account. He said he wanted the ready money to pay his staff.
Cross-examined. I have known prisoner for two years as a respectble man. When the case was before the Alderman I saw prosecutor with his interpreter. I said through the interpreter, "It is a pity you did not come to an arrangement before this came on for trial. "Prosecutor said that if Doland gave him £200 he would settle the matter. He complained of the loss of time through being in this country, that his factory was not being properly conducted, and that he had been put to £30 or £40 expenses.
Detective-sergeant JOHN DIGBY , City. On June 4, at 10.15 a.m., I saw prisoner at Moor Lane Police Station. I had received a letter making an appointment for him to surrender. Prosecutor was present and produced three cheques. I said to prisoner', "This is Mr. Noeh, he 1 about to give you into custody for misappropriating the proceeds of these three cheques. "Prisoner's solicitor was with him; prisoner said, "I am not guilty." He was then formally charged, and made" no reply.
Cross-examined. On May 30 an information was laid against prisoner for forgery; there was not sufficient evidence for the warrant to be granted.
nine years ago, worked for Samuel, Pitfield Street, making hat-shapes for 18 months. He afterwards worked for a man in Hoxton in the same trade, and then set up for himself in 8, South Street, where he had a room on the third floor for nine months. He then took two rooms at 58, Hatton Garden, for 12 months. He then had a fancy shop at Southend. which he kept. during the season. He bears a pretty good character.
To Mr. Fulton. We have had three complaints from persons abroad who have supplied prisoner with goods.
HENRY MARTIN DOLAND (prisoner, on oath). I am a manufacturer's agent, a native of Germany, and have been nine years in England, I have had no previous charge made against Mr. In October, 1911, I entered into agreement (produced) with prosecutor. I received the three cheques, endorsed them, and cashed them as stated. I had no intention of keeping the money. It is customary for an agent to endorse and cash the cheques received for his principal. I produce account showing the amount I have received on account of prosecutor, the commissions due to me for goods sold, and that I Owe prosecutor a balance of £52 2s. 10d., which I am prepared to pay to him in due course. I have upwards of £200 owing to me from other customers and am perfectly able to pay my debts 20s. in the £.
Cross-examined. I have not rendered the account (produced) to prosecutor. The reason I cashed the cheques with Beards was that my bank would take three or five days to clear the cheques. I was told by Lloyd's Bank that they would take no cheques unless drawn in the name of Doland and Co. I left for Germany, and was intending to go to Annenberg, but I heard from my clerk in London that prosecutor was writing very sharp letters, and I therefore went straigm back to London. I did not tell prosecutor I had received Bususto's money and paid it into my own business, which I had.
(Saturday, July 6.)
HENRY MARTIN DOLAND (prisoner, on oath), further cross-examined. Doland and Co., Limited, was registered as a company on November 6, 1911, with a capital of £500 £1 shares. I subscribed for one share, Edward Boss for one share; in return for my business, office furniture, fittings, etc., I was allotted as vendor 495 £1 shares. Eighty-four shires have since been taken by a Belgian firm from me in respect of money which I owed them.
Verdict, "We find prisoner guilty in the case of the first two cheques of converting the prosecutor's money to ids own use but without fraudulent intention at the time of cashing the two cheques. On the third cheque we find him guilty of robbery; that he fraudulently converted the third cheque for £6 9s. 9d."
Verdict was entered of Guilty on counts 9, 10, 11, and 12; Not guilty on the other counts.
Sentence: Five mouths' imprisonment, second division.
BEFORE JUDGE RENTOUL.
(Friday, July 5.)
Sentence: Three months' imprisonment, second division.
Verdict, Not guilty.
Mr. W. B. Mockett prosecuted.
Allen pleaded guilty.
ALECK CLIFFORD MYNARD , 5, Station Road, Maldon. On June 15 in the early morning I was in Creek Road, Deptford. Allen spoke to me about the strike, and asked me for a match to light a cigarette. I told him I had not one. Further along he asked me for some fish and potatoes I was eating and I gave him some. Then Simpson crossed the road and spoke to me and struck me in the face. Allen held my arms. Simpson took 18s. from my pocket, while I was on the ground. I called out after they had gone. There was a third man with them, Marchant. Later on I saw Allen and Simpson at the police station. Merchant kept watch while the other two robbed me. I was in a public house previously with a young lady, when Simpson and Marchant came in. That was the first time I met them. I treated them. The young lady asked them to drink.
Cross-examined by Simpson. I left the public house at 12.20 p.m. I remember coming into Amersham Vale police station the night you were arrested. The sergeant asked me what was the matter and I told him. I did not say, "There is the man that punched me and robbed me, Simpson." I mentioned no names; I pointed to the men. Cross-examined by Marchant. No tees come after me the night you were arrested; a constable came and told me I was wanted at Blackheath station. When I got here you were standing with other men. They told me if I saw the man I was to touch him. I touched you.
To Allen. I identified you by a black mark under the eye. When you were in the public-house you had no wrapper on because Simpson had is on his hand.
To the Court. 1 saw these men first in the public-house. The girl asked me to treat them. I did so. I went out with Marchant to the lavatory. I did not go back. I said to Marchant, "I think I had better be going. "That was 12.20. I was going to see if any of my mates were in the public-house in Creek Eoad. I said good-night to them and left them. Then Allen came up and afterwards Simpson crossed the road and struck me in the face. Allen caught hold of my arms, I was forced on the ground and they got through my pockets. 'aye took all 1 had. Then they started to run. I got up and called for help. I ran in the same direction. I saw a constable and told him., I went to the station with another constable. Simpson and Allen were there when I got there. I have never told anybody I had any doubt about the men.
Police-constable GREEN . I arrested Allen. I recognised Simpson and let him go. I asked Allen what he was running for—He said, "My mate shouted out "Blackleg T and he ran and I ran with him." The other prisoner I did not know. He ran in the other direction. Shortly afterwards I looked round to see if there was anything wrong; I saw nothing wrong and told them not to shout at that time in the morning. I let them go. A minute or two afterwards prosecutor came up. In consequence of what he told me I went in search of prisoners and found them in High Street, Deptford. Prisoners recognised me coming after them and ran down Reginald Road. I saw Police-constable Robinson on the other side of the road and gave him the signal to follow. When I got within five or six yard of Allen he swung his arm twice and I heard the jingle of coin... I shouted to the other police-constable to go after Simpson, and I took Allen to the station. I afterwards found 10s. 2d. on the waste ground, amongst the rubbish and grass, which Allen had traversed. At daylight next morning I went back and found another 3s. 4d.
To Simpson. You were arrested half a mile from the scene of this affair. You were not put up for identification when you were taken to the station, because you were caught red-handed. You came round the corner together. You were not half a mile away when I first saw you.
To Marchant. I did not identify you at all.
Police-constable THOMAS ROBINSON , 428 R. On June 15, about 12.40 a.m. I saw Simpson and Allen running along High Street, Deptford, chased by last witness, who beckoned to Mr. I ran up, High Street and Reginald Road. I recognised Simpson and knowing he lived in Hale Street I ran through Hale Street and stopped him. On seeing me he said, "Oh, f—it, I am not going to run any further." I handed him over. to another constable. Nothing was found on Simpson.
To Marchant. I did not see you there.
Detective-sergeant FRANK BEAVIS , R. In Church Street, Greenwich, on the evening of June 15 I saw Marchant and two others. I said, "I want you." He said, "I expected you would be after me; I suppose you will want me for being concerned in that job with
Simpson and Allen." I said, "That is quite right." He said, "I can prove I did not see them tea; night, I was in bed when the job happened." I said, "I shall take you to Blackheath Road police station and if identified you will be charged with assaulting and robbing prosecutor concerned with Allen and Simpson." He said, "All right. "I took him to Blackheath Road police station, where he was placed with eight others of similar build and age. I asked him if he was satisfied. He said yes. Prosecutor was called in and at once identified Marchant. Prisoner then said, "I was with the other two men and prosecutor; we were all in the pub and had a drink together. We came outside and waited for a time and the other two men did it on him. I did not touch him." When charged he made no reply.
MARY COOMBES , 31, Ellen Street, Deptford. On June 14 in the evening I was in the "Duke" public house, High Street, Deptford, between 10.20 and 10.25; there was only Allen's mother there and I. Simpson and two strangers came in. I had a drink with prosecutor. We went outside, had a drink somewhere else and came back about 10.35. I had a drink with prosecutor, and he gate Allen's mother a drink and 3d. Simpson and Marchant stood on the corner as we went in. Marchant nodded his head to Mr. Prosecutor asked me if I knew them; I said yes, and he said, "Ask the lads to have a drink." They had several drinks togther. Prosecutor left about 11.30. Allen, Simpson and Marchant left at 11.40. I know Marchant and Simpson. Statements before the magistrate. Simpson: "I want to call witnesses. "Marchant:" I was riot there. I was in the 'Duke' public-house when prosecutor came in with a young woman. She asked me if I would have a drink. Prosecutor said to me, 'Will you show me the urinal?' I showed it. We came back. Outside the public-house he said, 'I am going home, good night.' I went in the public-house and stayed there about 10 minutes, then I came out and went home. It was 11.55. I want to call witnesses."
WILLIAM SIMPSON , father of prisoner Simpson. (To Simpson.) I did not see you at 11.40 p.m. on June 14. I took you home at 11.50 to my house and you left at 12.25. You left because I had an argument with' you; you were drunk, and your hand was done up with hospital bandages. I told you I would not allow you there any more.
Cross-examined. I was at the police court prepared to give evidence; the magistrate said I was too late, and advised me to come here, I have not been convicted and sentenced a great many times. I was convicted once. That was Her Most Gracious Majesty's Jubilee. I got 15 months. I was only a lad then. I might have been convicted at the police court for being drunk, etc.
CHARLES SIMPSON (prisoner, on oath). About 11 on June 14 prosecutor called me into the "Duke" public-house and gave me a couple of drinks. I left about 11.40. Me and my father and Merchant walked to my father's house, where I live. I said good night to Marchant and
went indoors. Me and any father had an argument, and I left about 12.30. I met Allen outside the "Duke" again. A copper come running up High Street. Allen said to me, "There goes a policeman; let us go down here; you know what policemen are late at night. "We go down Reginald Road, the policeman started running and blowing his whistle. I ran away to get indoors again. I did not want to get locked up. I was arrested at the bottom, of Reginald Road. I was not put up for identification. When prosecutor came to the station he goes' at once into the yard with a police-constable. He goes from that yard and makes a statement that I was the man, Charles Simpson, that robbed him and takes the money away. Where did prosecutor find my name from? We don't know what passed between that policeman and prosecutor in the yard.
Cross-examined. I will tell you why I ran. Three or four weeks ago there were about 20 standing in Griffin Street; ope was singing a song. Two policemen walks through the crowd straight up to me and says, "Simpson, was that you singing?" I said, "Certainly not." If you don't go out of that I will put pains in your ear hole." That is the position I am placed in Deptford with these police. If I come into a court everyone knows Simpson there.
Numerous convictions were proved against Simpson and Marchant; and three against Allen.
Sentences: Simpson and Marchant, Twelve months' hard labour; sentence upon Allen was postponed till next Session.
BEFORE MR. JUSTICE PJCKFORD.
(Saturday, July 6.)
Mr. Bodkin, Mr. Graham-Campbell, and Mr. Percival Clarke prosecuted; Mr. E. J. Purchase defended.
Detective WILLIAM ALLEN, L Division, proved a plan for usejathe case.
JOHN FREDERICK KAY . I am prisoner's son and lived with my parents at 8, Runham Street, Walworth. I was at home on June 8 at eight o'clock p.m. I saw my mother then. I was just going out. I did not notice that she appeared to be under the influence-of drink. She was somewhat of intemperate habits, also my father, slightly.
They did not Jive together on very good terms; they quarrelled; he would sometimes hit her, very seldom. I have seen him kick her, very seldom. On June 8 I came back at about 11. Mother was lying on the sofa in the kitchen fully dressed. She seemed to be asleep. Father was out then. I went up to bed. I was awakened some time after by somebody calling. It sounded like mother's voice. My sister Carrie went down, I stayed in bed. Mother staggered into the room in her nightdress. The room was dark. Mrs. Gillam came into the room. I noticed a mess on the floor, which I afterwards found to be blood, where my mother had been standing. Mrs. Gillam and I helped mother into Mrs. Gillam's front room; mother was in a state of collapse; she was holding the lower part of her body. I went to get some rags from the first floor front, room, used by father and mother as a bedroom; father was in bed, apparently asleep.
Cross-examined. The quarrels between father and mother generally commenced with mother; she was quarrelsome when in drink, which was very often. I have seen her throw things and threaten to use the poker. She was unreasonable and violent. When I say father kicked mother it was a slight kick, not in a dangerous part. The lavatory was downstairs in the garden; there was none in the house. Mother has made use of a pail which was in the kitchen, fairly often.
CAROLINE KAY , prisoner's daughter. On June 8 I was asleep and was awakened by someone calling. I went downstairs. Mother was in her bedroom sitting on the 'bed with her nightdress on; father was in the kitchen sitting on the guard, dressed, except his hat. He had his boots on. I went upstairs with mother to my brother's room.
Cross-examined. When I came downstairs it was dark. There was a light in the kitchen. I think father was in the kitchen. He was sitting on the guard, which goes round the fireplace.
MARY ELIZABETH GILLAM . Deceased was my sister. I occupied the top front room at 8, Runham Street. On June 8 I saw the deceased about 6.30 p.m. She had had a drop of drink. That was customary with her on Saturday nights and sometimes in the week. Next morning about 2.30 I saw her on the stairs in her night attire. I saw some' blood on the floor and assisted her upstairs. I sent for the doctor. I have lived at the house nine years. I have heard the deceased and prisoner quarrelling. I have seen her strike him and he would strike her with his fist occasionally. She was aggravating when she had had a drop to drink. I have not seen prisoner drunk; he would only have a drop sometimes when he came home from work.
Cross-examined. Prisoner and his wife might have thrown things at one another. Deceased has struck Mr. I should describe prisoner as a sober, hard-working man, and a good husband and father. Deceased was apt to be very violent when drunk—I have seen her catch up a poker to him.
Re-examined. The poker incident was six or seven months ago; she would take it out of the prate and would go to hit him. I used to get out of the room. I could not tell you whether she hit him or not.
Dr. MICHAEL MCMANUS , 268, Walworth Road. On June 9, early morning, I was called to 8, Runham Street, and saw deceased lying on the bed upstairs in a collapsed condition. I examined her and found a bruising of the left labium of the vagina. There was a laceration just inside. I thought she ought to go to a hospital, and communicated with the police. I went again about 3.15 and found her dead. The subsequent day I made a post-mortem and found a contusion about 4 in. by 2 in. on the left labium and a laceration about 1 1/4 in. long and 1/4 in. deep. That was where the bleeding had come from. In the flesh I found a blood clot and indications of a broken blood-vessel. The cause of death in my opinion was heart failure from shock and loss of blood. The injury was caused by great violence, and considerable force must have been used. A kick from a boot could have caused the injuries. I saw signs that she had been an intemperate woman.
Cross-examined. I should say she had been a chronic alcoholic subject. When a person is in that condition bruising or laceration is produced more easily. A slight cause in that condition might produce a serious bruise. The blood-vessels get into a less sound condition. In a normally healthy subject the injuries I saw were not sufficient to account for death if the person had laid down directly; walking about the house and upstairs no doubt increased the haemorrhage. A woman in her nightdress using a pail to relieve herself and slipping on the edge of it mig. possibly receive* such! injuries, but I do not think that this was the more likely cause in this case. Falling on to the ears of the handle of the pail from a height might be likely.
Re-examined. I have in my mind a pail with a wooden handle. The bruise could have been caused in that way. There were bruises on both thighs on the inner side. I cannot picture the position a woman would have to get into in order to injure herself as in this case with such a thing as a pail.
ATHOL RAYMOND MOORE , divisional surgeon. I was present with the last witness at the post-mortem. I agree with his description of the injuries. They were caused b—a severe blow, probably the result of direct violence. They may have been caused by a fall and striking the edge of a chair, but it would have to be from a height. There had been a good deal of violence used to cause these injuries. You would not get a swelling two-thirds the size of your fist without a good deal of violence. I do not think the injuries were caused by slipping on a pail; they were caused by a blow from a boot, I should say.
Cross-examined. There must have been a good deal of force used in this case. I agree that a chronic alcoholic subject would require a less blow to effect the same injury than a healthy person, but in this case the blood-vessels were not so degenerated as they would have been if the deceased had been 10 years older.
Inspector JOHN HOCKINS , L Division. At 2.30 on June 9 I went to 8, Runham Street. I saw at the foot of the stairs on the first floor a pool of blood. I saw traces of blood up to the second floor; it continued across the landing into the back room, about six or eight feet from the door terminating in a pool. I saw deceased lying apparently
dead. The bedclothes were saturated with blood. I went down to the first floor, and saw prisoner lying on a bed asleep; he was undressed except a soft shirt with collar attached with tie on. I woke him up, and said, "Do you know anything of this?" pointing to the blood on the floor. He said, "Yes, I will tell you. About 12 to-night or after she came into the front room." I said, "Which room, which floor?" He said, "First floor from the kitchen, and she, my wife, started arguing the point, and, of course, I kicked her. "I cautioned him, and told him I should arrest him for the murder of his wife, and anything he said might be used in evidence against him. He replied, "I am very sorry, but I have told you the truth." He was taken to the police station and formally charged with wilful murder. He said, "Not wilful."
Cross-examined. I have heard nothing against his character. He is in regular employment.
JOHN HENRY KAY (prisoner, on oath). On June 8 J got home about seven o'clock and had my tea. I then told my wife I was going out to buy a pair of boots. I came back about hall-past eight. I had a wash, changed my clothes and put my boots on. I told her I was going out to buy some tools. No quarrel arose. J came home about 12.10 or 12.15. I had been drinking fairly heavily. J went into the kitchen and saw my wife sitting on a chair. She started abusing me. I said, "I am going to bed." I went into the bedroom. I sat facing the door. My wife came to the door and started calling me names. She rushed at me and I put my foot up. I had my boots on, and I must have caught her, I could not say where, it must have been a heavy blow. She just went away. I went to bed. The next I remember was being awakened by the police. I did not know the injury was serious. I kicked her on the legs four or six months ago, but not since. I had no intention of injuring my wife that night.
Cross-examined. She had annoyed me that evening and threatened me. I was not angry with her. Putting my foot up and catching her as I did I should call a kick, that is what I meant by saying I kicked her. When I answered the inspector I was half asleep and half awake.
Verdict, Guilty of manslaughter, under great provocation, with a strong recommendation to mercy.
Sentence: Six months' imprisonment, second division.
Mr. E. J. Purchase and Mr. Comyns Oarr prosecuted.
NELLIE LBTITIA SMITH . I am prisoner's wife and live at 2, Dalyell Road, Stockwell, apart from my husband. I separated from him in May, 1911. I have not lived with him since. On June 11 last in the morning I went out of my house and returned about 8.15 a.m. When I got there I found prisoner there. He asked me to shake hands with him. I refused. He offered me some letters to read. I was about to take them. I saw him move quickly and saw a knife. He brought
it down quickly and stabbed my finger on the left hand two or three times. I might have screamed, but I do not remember. Mrs. Montford came between us. He hit me in the breast.
Cross-examined by prisoner. I do not think you knew that I was living at 2, Dalyell Road—Your brother lives there. When we had a shop in Deacon. Street, Walworth, we knew a constable named McDonald, but it is not true that I was infatuated with him. When I was quite a girl I kept company with a policeman. I did not use to get you out of the shop so that I could see McDonald. I got you to invite him to tea because he and my brother were both Masons. I was not in the habit of meeting McDonald. I did not go to a dance with him nor did he take me to a supper. You found him in the shop once when you had been out and returned early; he came for his cape; he was not there more than two minutes. I do not know that you were watching from the other side of the road through opera glasses. I know you made a great bother in the hearing of the children. I left you partly because you were continually staying away from home. I have not carried on with your brother.
MART ANN MONTFORD , 2, Dalyell Road. Prisoner's brother lives at my house. On June 11, at 8.20 a.m., I heard a scuffling on the cellartrap outside my house. I went up the stairs and heard prosecutrix scream. Prisoner was there. I rushed in between them and pushed him on one side, and then he made another slash at her with the knife. I had seen him draw the knife away from the side of prosecutrix. I did not see him hit her, but I saw him take the knife away. After I rushed in between them he went with the knife again at her, and struck her on the arm. This is the knife (produced). He then went out of the gate. I sent my little girl for a policeman. I went after prisoner, and saw him in Lingham Street. I said to him, "I will follow you." He said, "If you do, you'll have this in you, I'll stop you with this. "He had the knife still in his left hand. He went away and I screamed out to stop him. Some men did so and then a policeman came up. Before this happened Mrs. Smith had been, stopping in my house about 10 days; she slept with her niece. She had gone out the morning she was wounded to meet her husband at Waterloo Station. He was waiting on the doorstep of the house for her. The previous night he had come and knocked at the door and asked for Mr. Smith, his brother. I said, "Mr. Smith has gone to bed," and he said, "I will settle it in the morning with him."
Cross-examined. Your brother had been in my house twelve months next October. His daughter has lived there with me for some time. Mrs. Smith has been very seldom to my house, about twice a week. It is the truth that I pushed you away from your wife and also true that you threatened me in Lingham Street (To the Court.) I have not seen anything wrong between the prisoner's wife and his brother. The brother is a greengrocer.
WILLIAM ROGBRSON , 59, Picton Street, Camberwell, labourer. About 8.10 on June 11 I saw prisoner running past Hammerton's Brewery, Stockwell, with a knife in his hand, the last witness running after him. I ran after him and caught him up in Southwest Street. I picked up a
hammer from the road and struck him with it. He turned round and showed the knife at Mr. I hit him again with the hammer, he stopped and threw the knife down, and said, "I'm done." A constable came up and took him in charge. I picked the knife up and handed it to the constable.
Police-constable ALBERT HICKS , 975 W. About 8.15 on June 11 last I was on duty in Lingham Street, Stockwell, and saw a crowd of people running. On coming up to them I saw prisoner held by the last witness, who handed me this knife. Rogerson said, "He has stabbed a woman." I took prisoner to the police station. On the way he said, "I stabbed her about five or six times; I hope she is dead."
Prisoner. I have no recollection of making such a remark.
Inspector WILLIAM EUSTACE , W Division. At 11 a.m. on June 11 I saw prisoner at Brixton Police Station, and said to him, "You will be charged with attempting to murder your wife this morning by stabbing her with this knife at 2, Dalyell Road, Stockwell." He said, "That is quite right, I stabbed her with that knife; I am very pleased that I have done it; I have been waiting for her for 12 months; it is only what she deserves." He was charged and made no reply.
Prisoner. I have no recollection of making that remark; I might have done; I might have been in an agitated condition.
Dr. GEORGE BREBNER SCOTT , 410, Brixton Road. On the morning of June 11 I was called to see Mrs. Smith. I found she was suffering from a punctured wound an inch wide and about 1 £ in. deep, situated at the lower part of the second rib. The lung was injured. There was very serious haemorrhage. There was a small incised wound on the tip of the first finger of the left hand and two very small incised wounds on the outside of the left arm. She was suffering from shock and loss of blood. She is still in a very weak condition, but is out of danger. Very considerable force must have been used to produce the wounds. This knife was quite likely to have caused them. If the wound had gone through the rib it might have been very dangerous; it might have severed an artery.
Prisoner's statement before the magistrate: "I reserve my defence.
HENRY WILLIAM SMITH (prisoner, not on oath). I went to the house not knowing my wife was living there. I went to inquire where my brother was in business. I had no motive in doing what I did; in fact, I had no idea she would walk right into my arms as she did. The knife I use for lopping vegetables. My brother has been continually visiting my wife.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Nothing was known against prisoner except that he had given way to drink.
Sentence: Seven years' penal servitude.
BEFORE JUDGE BENTOUL
(Saturday, July 6.)
Mr. Frampton prosecuted.
ALFRED GROVES , 19, Granville Road, Kilburn. I am 16 years of age. On June 10 I was van boy in the Great Central Railway. I left on that day. On June 14 I went to the Shipping Federation office, 24, St. Mary Axe, E. G., about 2.30 p.m. I saw prisoner coming down the steps. I asked him if that was the Shipping Federation; he said yes, and asked. me whether I was after a job; I said yes. He took a paper I had in my hand, read it, and tore it up. Then he said, "You had better sling your hook or else you will get your head knocked off." I was frightened, and went a little bit up the road. I turned back again and went to the office. On coming out I saw Mr. Richardson, and pointed out prisoner to him. A policeman came up and prisoner was given into custody. I made a statement to the inspector at the police station in prisoner's presence.
Cross-examined. I had been promised employment at the Shipping Federation as messenger. I would like to go to sea. I never saw prisoner before. He did not say he would knock my head off. He did not threaten me, but I was frightened. Perhaps he did not mean to say he was going to knock my head off. I think he meant to represent that as there was a strike on there might be danger for a boy like me through coming in conflict with the strikers. I did not think at any time he would do me any hurt or that he would get anyone else to do it.
After some discussion the jury were directed to find a verdict of Not guilty.
BEFORE MR. JUSTICE PTCKFORD.
(Monday, July 8.)
Mr. Gervaise Rentoul prosecuted.
ADELAIDE LOTT . I am prisoner's wife; we lived at 455, Southwark Park Road. On Sunday, June 2, we had a row at dinner time; he had been on the drink, and I jawed him. After dinner I went upstairs to sleep. I remember nothing more until the following week, when I was in the hospital. We had had a few quarrels before this. It is not true that I ever had immoral relations with a man. named White.
Cross-examined by prisoner. When you accused me at the dinner table of going wrong with your nephew White, I have said "yes" in a temper. You have always been a good husband to me; we have eight children.
FRANK COOK , house surgeon, Guy's Hospital. Mrs. Lott has been under my charge since this occurrence. The sull was fractured in two places. The wounds were not in themselves likely to cause death. They might have been inflicted with the poker produced. The woman is now all right.
Detective-sergeant THOS. GALE . On June 2. about 4 p.m., I saw Mrs. Lott lying on a bed in a first floor room, with two large wounds on the head. Prisoner was in the room. I said, "Who has done this." He said, "It's all right; I have done it; I did it with the poker; it's all through family trouble; she has been carrying on with some one else." He said to his wife, "Is it not true that you have had connections with Jim White "; she mumbled some reply. Prisoner appeared to be sober.
ALBERT LOTT (prisoner, on oath) said that when he accused his wife of going on with White she said it was true, and with that he lost all control of himself. As for any intention to murder her, he had got too much love for her.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Prisoner had always borne an excellent character.
Sentence: Sir months' imprisonment, second division.
Mr. Cassels prosecuted.
CORNELIUS SHEEHAN , general labourer, 205, High Street, Poplar. I have known prisoner about twelve months. On the afiernoon of (May 28 I was in the "Bell" in Brick Lane. Prisoner and five or six others were there. I was not sober. I cannot recollect any conversation. All I know is there was blood flowing and a policeman took me to the hospital.
Cross-examined by prisoner. I do not remember that there was a row about the strike, and that somebody threw a glass at you.
MORRIS MINTZ . I was looking into the bar of the "Bell." I heard Sheehan say, "What are you doing with my old woman." Prisoner said, "What's that to do with you," and she then broke a glass on the counter and struck him with it on the neck. He punched her on the forehead and ran out. She ran after him and again struck him with the glass, and he fell to the ground. She then ran across the road and asked one of the men to lend her a knife, saying, "I mean to do him right in this time."
To prisoner. I did not see any row. You were not bleeding on the forehead before you struck prosecutor.
Inspector WM. HAWLEY, H Division. On the evening of June 28 I went to a lodging-house at Duval Street, Spitalfields, and saw prisoner. I said, "You will be arrested for wounding a man, probably attempted murder. "She replied, "Me! Look what they have done to me "(pointing to a small wound over her left eye); "Oh, well, I don't care, you can do what you b-well like. "She was the worse for drink. The next day, while waiting for the case to come on at the police court she asked how the man was, and said, I done it with the bottom of a very thin glass; he hit me, and I brought the glass out and broke the top off and did it."
WALTER H. CAIRN , house surgeon, London Hospital. When Sheehan was brought in, about 6.30 on this evening, he was very nearly dead, having lost an enormous quantity of blood, and we transfused straightaway. There was a jagged wound in the neck, such as might be caused by a broken glass. He remained in the hospital till June 14.
Cross-examined. I cannot say who did wound him. If I made the statements spoken to by Hawley they were his; I was confused. Mintz and Lark have told deliberate lies.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Sentence: Ten months' hard labour (prisoner having been in custody since May 28).
Verdict, Not Guilty.
BEFORE THE COMMON SEIIJEANT.
(Monday, July 8, and Tuesday, July 9.)
Mr. Forrest Fulton and Mr. W. E. Greaves prosecuted; Mr. "Muir and Mr. Briggs defended.
Prisoner pleaded justification.
LILIAN DALBIAC , wife of Philip Hugh Dalbiac, barrister, Radlett, Hertfordshire. I received letter (produced) signed J. F. P. Yeatman, containing grave charges against prosecutor and stating Through a conspiracy of a gang of rogues of fools... I am determined to
bring matters to an immediate climax... The position could not be too grave. Through these shocking frauds in which your husband is, as you claim and show, unwittingly associated, I am kept a bankrupt, and now my mother is being ruined because Hutchinson has ingeniously built up so complicated a tissue of fraud around your husband's assignments that, apart from Sir Charles Mathews and the solicitor to the Official Receiver, no one seems able to penetrate and appreciate their evil....
Cross-examined. This is one of a series of letters that I and my husband have received from prisoner.
THOMAS HENSON , summoning officer, Mansion House Justice Room. On May 7 I handed prisoner a summons for libel. He said, "I have been expecting this. They brought an action against me before and lost it."
Cross-examined. Prisoner may have said "He," meaning prosecutor, had brought an action for libel, or "civil proceedings."
Detective-sergeant ERNEST NICHOLLS , City. On May 9, at 12 noon, I saw prisoner at the Mansion House Justice Room. I said, "Are you Mr. Yeatman?" He said, "Yes." I said, "I am a police officer, you ought to have been here at 11 o'clock to answer a summons. "He replied, "No, it is for 12 o'clock." I said, "Well, I hold a warrant for your arrest," which I read. I took him to the Minories Police Station, where he was at once bailed.
GEORGE WILLIAM GRICE-HUTCHINSON , 30, Bedford Row, solicitor. I am prosecutor in this case. I have acted professionally and as the trustee in the administration of the estate of C. W. Dalbiac on behalf of the widow and children. A number of letters and documents have passed between me and the prisoner and I am familiar with his handwriting. The letter produced is written by him. The allegations refer to me. They are false.
Cross-examined. (Witness was taken through a large number of documents and transactions in reference to the estate of C. W. Dalbiac and explained the manner in which the sums of money were received and dealt with.) At the close of his examination: Mr. Muir said that he had had a conference with his client and with Mr. Briggs and the solicitor instructing them, and the position they had arrived at was this—that whether the prosecutor's explanations were right or wrong, in point of law they were all of such a nature that the jury could not properly be asked by the defence to find the plea of justification proved so far as fraud alleged in the plea of justification against the prosecutor was concerned. In those circumstances, their view was that the interests of their client would be best consulted by not proceeding further with this matter. The defendant hoped to be able to reopen these matters in Chancery.
By the direction of the Common Serjeant the jury found the defendant guilty of publishing the libel and they found that the plea of justification was not proved.
Prisoner was released on his own recognizances in £50 to come up for judgment if called upon, he undertaking not to repeat the libels; he was also ordered to pay the costs of the prosecution.
BEFORE JUDGE EENTOUL.
(Monday, July 8.)
MURRAY, Leo (19, engineer), GOODWIN, Sydney (19, shop assistant), and SORRELL, Thomas James (19, packer), pleaded guilty of stealing two motor-cycles, the goods of Geoffrey Thomas Gray; stealing two motor-cycles, the goods of Charles and Lionel Giles.
Sentences: Sorrell and Goodwin were released on their own recognizances in £5 each to come up for judgment if called upon; Murray, Two months' hard labour.
DURANT, Luke, otherwise John McKenziff, otherwise Basil Downs (40, iron merchant) , obtaining by false pretences from Marks Lander a cheque for £10; from William Henry Lavington a cheque for £1; from Hetty Hilton £1; from Gabriel Levy lls. 4d.; from Doulton and Company, Limited, a quantity of goods; from George Farmiloe and Sons, Limited, a quantity of goods; from Wilkins and Leng, Limited, a quantity of goods, and from Henry Frederick Huchisson a quantity of goods, in each case with intent to defraud. In incurring certain debts and liabilities of £93 Os. 10d. to Frederick Smith and Company; £27 17s. 9d. to Doulton and Company, Limited; £12 12s. to George Farmiloe and Son, Limited; £30 9s. 6d. to Wilkins and Leng, Limited; £28 11s. lid. to Henry Frederick Huchisson; and £20 19s. 7d. to the Paragon Printing Company, Limited, in each case obtaining credit, by means of fraud other than false pretences. Forging and uttering, knowing the same to be forged, a certain order for the payment of £10, with intent to defraud. Forging and uttering, knowing the same to be forged, a certain order for the payment of £1, with intent to defraud. Forging and uttering, knowing the same to be forged, a certain signature to a deed, with intent to defraud. Being bailee of one typewriting machine, the goods of the Monarch Typewriting Machine Company, fraudulently converting the same to his own use, thereby stealing the same. Prisoner was tried upon the indictment for false pretences. Mr. Travers Humphreys prosecuted; Mr. Briggs defended.
GABRIEL LEVY , 32, Brick Lane, E. In November last my mother owed a sum of 11s. 4d. to Joseph Beckmannr who was in bankruptcy Prisoner called that month. He handed a card over he counter. it had on it "Basil Downs, A. C. A." and down below, "Audit Department, Board of Trade, Official Receiver's Department, Carey Street, Linccln's Inn, W. C." He said we owed 11s. 4d. to Joseph Beckmann, and he had called from end it on. He said there was no need to send
on such a small amount. I told him to wait a few minutes, and I paid him the 11s. 4d. and asked for a receipt. He said he had not a receipt but would write one out and I would get the official receipt later. Exhibit 8 is the receipt he gave me.
Cross-examined. He had a book with him. I live next door to Beckmann. It did not occur to me to ask Beckmann if it was all right. I have only spoken to him once in my life.
JACK HARRIS , 28, Brick Lane, E. I am clerk to Nathan and Lander, 77, Wilks Street, E., hat and cap manufacturers. In October last they owed Mr. Beckmann £73 3s. 4d. Prisoner called and handed me a card like the one now shown to Mr. He said he had come from the Official Keceiver to collect the accounts owing to Mr. Beckmann. I told him if he liked to take £10 he could take it in full settlement. He said he could not do that without the permission of the Official Receiver. He called again about a week later. He said he had permission from the Official Receiver to take the £10 in full settlement. I said, "Mr. Lander has not got any money at present; if you like I can obtain a loan from my father." I took him over to my place and gave him the cheque (Exhibit 2) for £10. Prisoner told me to make it out to the chief cashier of the Bankruptcy Court, J. R. Wilson. I called my mother in. She signed it. Prisoner said, "Our people do not take crossed cheques, we want open cheques. "I put "Pay cash," and my mother initialled it. Exhibit 3 is the receipt.
Cross-examined. The first day prisoner came I was in Mr. Lander's workshop upstairs. Mr. Lander was with Mr. Beckmann was downstairs. Beckmann lives at Vallance Road. I could not say where he is now.
Re-examined. I saw Beckmann last Saturday night at his brotherin-law's place, Brick Lane, as I passed by the shop.
MARKS LANDER , hat manufacturer, 77, Wilks Street. I owed Beckmann £17 odd last October, in which month I saw defendant. He said he had called from the Official Receiver for the amount owing to Beckmann. He showed me a card. I cannot read. Mr. Harris was with me then. I saw prisoner again next week. I told him I could not pay at the time and should pay on terms. He said, "You cannot pay on terms, you must settle the whole amount in one time." I paid him £10 in full settlement. I borrowed Mrs. Harris's cheque for that amount.
Cross-examined. I was upstairs when prisoner came. I saw Mr. Beckmann passing by. If prisoner says he came with Mr. Beckmann I deny it. He might have come with Beckmann.
HARRIETT HILTON , 162, Vallance Road, N. E. Last October I owed Beckmann £3 Os. 8d. Prisoner called, I do not know the date. He said his name was Basil Downs. He showed me a card similar to Exhibit la. He called about the money that was owing to Beckmann. I told him if he came back in the afternoon I would see what I could do. He said he had power to put the brokers in. He came back in the afternoon. I gave him £1 and took the receipt (Exhibit 7). He
called again two or three days later. I told him I had a notice from the Court and my amount was not on it. He said he would have to see about it; it was taking his character away. He said he had paid the £1 into Court. I did not pay him any more money.
Cross-examined. I am quite sure he said his name was Downs. When he handed me the card he said something like, "This gentleman is the trustee to the estate and I am acting on his behalf." I was told Beckmann was on the opposite side of the road.
JOHN GABEIOC . I was appointed trustee in the bankruptcy of J. H. Beckmann, who was adudged bankrupt on October 25 last. Prisoner had no authority from me to collect debts. I. do not know him. Prisoner is the only man I know as Basil Downs.
HARRY STRONG . I was made bankrupt on November 16. Lavington Brothers owed me about 25s. Defendant called on me. He gave the name of Davey and said he had come from the Board of Trade. He wanted to know if I could rectify two or three addresses of people who owed me money. I was not able to help him because my book was at the court. At that time Mr. Gadsden, of the Official Receiver's department, was coming every day. I asked Mr. Gadsden who this man was. He said he did not know. I told prisoner who Mr. Gadsden was and that he was the man in possession from the Court. He said he did not want to see him, it was nothing. He never came again.
Cross-examined. At that time the trustee in Bankruptcy was trying to sell my machinery and stock. Prisoner did not ask me what the value of the stock was. He gave the name of Davey to my daughter, net to me. He asked about Lavington Brothers off me.
WILLIAM HENRY LAVINGTON , Lavington Bros., builders and contractors, Whetstone. I owed 25s. to Mr. Strong last year. Prisoner called, gave his name as Basil Downs, and showed me a card similar to this. He said he had called from the Official Receiver to fix the thing up. I asked leading questions to be sure he was the right man. He answered them all satisfactorily. I paid him and took his receipt. The cheque is payable to R. Bros. He asked me to make it out in that name. I made the cheque open at his request as he said the Official Receiver did not want to be worried by a cheque for so small an amount.
Cross-examined. I went to the station to try and identify the man I had seen. I was not successful.
HARRY WHITTICK , clerk to Wilson, Swinton and Co., accountants. Mr. Harry Wilson was appointed trustee in Harry Strong's bankruptcy. I do not know prisoner. He had no authority to collect money on behalf of the trustee. Basil Downs had nothing to do with Strong's bankruptcy.
THOMAS LAIDLOW , senior clerk, Official Receiver's Department, Carey Street, W. C. I do not know prisoner. He has nothing to do with the Official Receiver's Department, Carey Street, nor anybody named Basil Downs. The card (Exhibit la) is not a card of any person who has any connection with the bankruptcy department.
in Walworth Road, accompanied by a female. He turned into Larcom Street, followed by Police-constable Grist. Observing me he ran away. After a short chase we caught him. He struggled violently. I said, "We are police officers, I am Detective Allen." He said, "I know that." I then said, "This is Sergeant Grist, of the N Division. "Prisoner said, "What do you want?' I said, "I believe you to be Basil Downs. I hold a warrant for the arrest of Basil Downs for obtaining a sum of £10 from a man named Harris, of Brick Lane, in November last. He said, "Yes." He was conveyed to Commercial Street Police Station, where the warrant was read to him. He replied. "Basil Downs, I do not know the name. I have never heard that before; I deny being Basil Downs; I do not know Brick Lane." I afterwards went to 3, Station Terrace, Camberwell, where risoner had been lodging and found a large quantity of memoranda. I found a number of receipts like Exhibit 4. I have seen prisoner rite. I say Exhibits 2, 3, 5, 6, 7 and 8 are in prisoner's writing. Cross-examined. I have seen prisoner write on four or five occasions. I have never given expert evidence in handwriting.
Detective-sergeant CHARLES LEACH , New Scotland Yard. I read the warrant to prisoner at Commercial Street Police Station, and said I had caused him to be arrested on suspicion of being Basil Downs, He said, "You have made a mistake, you mean my brother. "I told him he would be put up for identification. He said, "All right, you have got to prove it. "He was identified by Harris amongst nine other men. When charged he said. "All right, what about the other matter?" Cross-examined. Two people failed to identify prisoner.
(Tuesday, July 9.)
ARTHUR RICHARD DODD , managing director, Paragon Printing Company, Limited, Waterloo Road. About the middle of November prisoner called on me in the name of "Basil Downs," stating he was working in connection with the Board of Trade, at Bankruptcy Buildings, Carey Street. He gave me this card (Exhibit 83) bearing: he name "Basil Downs, a.m. I. C. A., Board of Trade, Official Receiver's Department." He took the premises from me in the name of "Basil Downs," acting on behalf of Luke Leo Durant.
Cross-examined. He said that Durant and he were living together at Iffley Road, but that Durant was travelling.
LESLIE DURANT (prisoner, on oath). My name is Leslie Durant. In November last I went to live at 52, Iffley Road, where my brother and Downs were. My brother told me he had an estate of Beckmann's and one or two others and asked me to revise and collect the accounts. I understood. hat there had been a private meeting previous to the banknuptcy and that Downs had been appointed trustee and that he had
power to authorise me to do this. I went round with Beckmann to collect the debts. My brother gave me the cards and receipts that have been produced. When collecting I said I was acting on Downs's behalf and that he had, I believed, been appointed trustee of the estate. In the majority of the cases they said "Yes." Levy was one of the first ones I told this to. On no occasion did I say my name was Downs and that I came from the Official Receiver. It was on the instruction of my brother and Downs that I gave receipts in Down's name. I collected three altogether, Levy's, Lander's, and Hilton's, and paid the money to Downs. On the first occasion I went to Lander Beckmann went with Mr. I told some gentleman I had come on behalf of the trustee and handed him Downs's card. I said I understood he owed £35. He said he had paid £10 to Beckmann and had not no receipt for it. On my asking him he said he reckoned about £17 odd. I asked him to have the accounts ready the next week and I would adjust matters. On Downs's instructions I eventually accepted £10. I told him to make out the cheque in the name of Wilson, because I understood that the cashier of this estate was of that name. I told him not to cross the cheque as I was under the impression they never took crossed cheques. I paid it to my brother. I never endorsed it. Beckmann went with me when I first went and saw Mrs. Hilton. I gave her the card in the usual way and she said she owed nothing. It is a pure invention on her part to say that I said anything about putting in the brokers. I obtained £l from her and subsequently sent a receipt. I called on Mr. Levy and said that I understood they were creditors to the Beckmann estate for 11s. and he said there was some silk he sold to his mother; by her instructions he subsequently gave me that amount and I gave him a receipt. I had no books with me and I did not ask him for any addresses. I never told him I came from the Official Receiver. I understood iron my brother that Mr. Strong had some £1,500 worth of machinery in his premises which was up for sale. After calling three times I saw him and told him that I understood his case was in bankruptcy and he told me it was. I looked over the machinery to value it; I never gave any name or card and I did not ask him for his Lavington's address; I never saw Lavington until at the police court. The endorsement on cheque (Exhibit 5) is not mine. In collecting these moneys I fully believed that Downs was the trustee in bankruptcy. On March 22 he went with me to Busby's yard and was introduced to his foreman. I have tried to find both him and Beckmann but have not succeeded in doing so.
Cross-examined. Last Monday I gave instructions to my solicitor to call Busby's foreman and other witnesses, but he has not had time to subpoena them. I have known Downs since last October, and the last time I saw him was on March 22. I never said when I was arrested that I did not know Downs or Brick Lane; it is a pure invention on the officer's part. I did not say anything; he knocked me down and I was senseless. I did not run away; I took half a dozen paces to protect a female who was with Mr. When I took the premises from Mr. Dodd he knew me as Durant, not as Basil Downs; he is very deaf, and he
has made many mistakes. I gave him orders for printing in the usual way of business. I signed my name to the lease and Downs signed his. Mr. Cookland, a solicitor who has acted for me for some time, attested his signature. Luke Leo Durant is my brother; he gave references and I signed the lease in his name by arrangement with him; I told Mr. Dodd I was taking the premises in the name of Durant. My brother returned to England last December, and I think he went away in March. I cannot produce anybody who has seen him here since last December except my sister. It is not true that he went to Canada in 1906 and has not since returned. I am not Basil Downs. Levy did not offer to send the money on as he was busy then, and I did not say I would wait. Levy's evidence is all untrue as to that. I understood Downs was an accountant, appointed trustee at a private meeting of creditors in bankruptcy. I was acting upon his instructions in signing receipts "Basil Downs, A. C. A." I did not sign my initials. I cannot say where his office was. I never met Nelson; I believed he was employed by Downs on 'his estate. The first time my suspicions were aroused was when 1 called subsequently on Mrs. Hilton and the told me that the Bankruptcy Court had not credited the amount she had paid. I wrote to Mr. Beckmann. I gave the cash that I received to Downs. The cheque that I received I paid to him and my brother between them; I understood my brother was helping him on the estate. For the time being they both lived in the same house as myself at Iffley Road. When my suspicions were aroused I waited to hear further from the Downs; I took no steps; I did not collect any more money afterwards. The receipts and the cards were given me by my brother.
Re-examined. I was not present when Downs executed the lease. My brother gave me the filled-in receipts. In October my brother returned to Canada.
Prisoner was further indicted for that he is a habitual criminal.
The notice to the Court, the consent of the Director of Public Prosecutions and service of notice upon prisoner, were proved.
The following three statutory convictions were proved: 1904, September 13, for embezzlement, 12 months' hard labour; 1906, April 4, for false pretences, four years' penal servitude (after a previous conviction); 1910. July 18, for forgery and false pretences, 18 months' hard labour (he was released on October 19. 1911).
Detective-inspector ERNEST HAIGH , J Division. On June 28, 1897, prisoner was sentenced to 12 months' hard labour for forgery in the name of Luke Leo James Durant; on October 20, '1902, 15 months' hard labour for forgery in the name of John Lock.
Cross-examined. These convictions were proved in court when I had him in custody in 1904; he pleaded guilty to them.
Detective-sergeant CHARLES LEACH (recalled, further examined). I have made inquiries about prisoner since his release on October 19. 1911. November 1 is the earliest date I can get him. He was then passing as "Basil Downs," and obtaining money by false pretences on the indictment on which he has been convicted; this continued till
December 16. In November he started a business at 149, New Kent Road (he having obtained a lease of those premises) as "John M. Kenzie, Sons and Co.," and obtained goods from all over the country without paying for them.
Mr. Briggs objected to this evidence on the ground that the offences alleged formed part of indictments to which prisoner had not yet been tried.
Mr. Travers Humphreys, while contending that it was admissible is being evidence that prisoner had been leading persistently a dishonest or criminal life, stated that he would put the question in a different form.
Examination continued: I cannot find that he has done any honest work since his release. He paid no rent at 149, New Kent Road; he gave two references signed "Luke Leo Durant" and "Basil Downs." I have never discovered any Downs other than prisoner. He did not pay for the fittings.
Cross-examined. He did carry on business there; he had transactions with a man named "Allerton "; Allerton did not let him in for £150. I understood he employed Canon as a traveller; I believe he only obtained one order. A writ was issued against prisoner, but I cannot say if that was the reason of the business breaking up. For all I know he may have tried to get work during a fortnight after his release.
Detective-inspector E. HAIGH (recalled). After his release from the 1904 sentence prisoner obtained a situation as a traveller; immediately he got to know the business he resorted to fraud, and he was convicted.
Sentence: Three years' penal servitude and Five years' preventive detention.
BEFORE THE BECORDER. (Wednesday, July 10.)
Mr. Travers Humphreys and Mr. E. Percival Clarke prosecuted; Mr. Muir and Mr. Walter Frampton defended.
The indictment included other counts relating to the same matter, and to these defendant pleaded not guilty.
Mr. Travers Humphreys said the justice of the case would be met if he accepted prisoner's plea of guilty on the one count. The case arose out of an action which was tried in the King's Bench Division
in December last, in which the Countess de Hamil de Manin was the plaintiff, and the defendants a firm called Kimpton's, and Page, who was the proprietor. Kimpton's described themselves as inquiry agents and as having "a unique secret service," and they carried on business in the Strand. No defence was offered by Kimpton's or Page to the claim of the Countess, which was for damages for fraud and duress, by means of which they induced her to accept four bills of exchange for £100 each. Apparently at the request of a Mr. Dobbie, who had gone to Australia, a scheme was arranged to blackmail the Countess, who was a lady of considerable means. The first step was to obtain some sort of admission from her that she knew of certain anonymous letter which were written about Dobbie by a man named O'Connor, of which she really had no knowledge. She was induced to go to Kimpton's office, and by means of threats that she would be arrested Ok a charge of libel, she was persuaded to accept four bills of exchange for £100 each. In addition, Glendinning took from her a chain and pendant, worth £65, an act against which Marshall protested. On hearing of these facts Mr. Justice Darling ordered that the matter should be reported to the Director of Public Prosecutions. The trial of Marshall had been several times postponed on account of his illhealth, but Glendinning and Page were tried at the April Session (see page 100), each being sentenced to 12 months' imprisonment.
Mr. Muir said the prisoner's state of health was such that his medical advisers viewed with grave apprehension the effect on his mental condition of any sentence of imprisonment.
Prisoner was released on his own recognisances and those of Mrs. M. Griffiths in £100 each to come up for judgment if called upon.
LIPMAN, Nieman Isidore , feloniously receiving two motor lamps and one tyre, the goods of Geoffrey Batcliffe Plaister, three stepney wheels, the goods of the Tottenham and Edmonton Gas Light Company, one motor wheel, the goods of Samuel Pulham, and one side-car wheel, the goods of Seamer Bros., Limited, well knowing the same to have been stolen.
Mr. Purcell and Mr. G. S. Rentoul prosecuted; Mr. Curtis Bennett and Mr. St. John Hutchinson defended.
GEOFFREY RATCLIFFE PLAISTER , M. D., 632, High Road, Tottenham. On the morning of May 2 I found that my motor-house had been broken into and two side lamps, a spare tyre, two rugs, and an overcoat were missing. I informed the police, and on May 23 I went with Sergeant Bowden to prisoner's store in Low'er Clapton Road, where I identified the tyre, which was six months old and worth when new £5 12s., and the lamps valued at 37s. 6d.
Cross-examined. The tyre was lying quite openly in the shop and the lamps were on a shelf with some others of a different kind. The lamps I bought in September, 1911, and I only used them about 10 times. The tyre has been retreaded; I have used it very little.
Re-examined. My coachman is too ill to travel.
Detective-sergeant ROBERT BOWDEN (recalled). On May 23 I went to 169b, Lower Clapton Road; it has over it, "Clark and Foster, Rubber Merchants. "The front door opens into a small lobby partitioned off from the rest of the shop. 1 saw prisoner there and said to him, "I am a police officer and I am making inquiries about two motor lamps and a tyre which were stolen from Dr. Plaister, 632, High Road, Tottenham, on May 2." He said, "This gentleman (indicating Sergeant Wesley) says I have already got some motor wheels here that have been stolen. "I noticed two brass lamps with seven or eight others on a shelf, and I said to him, "Where did you get these two brass lamps from?" He said, "I bought them in November last from Mr. Harrison, 18, Lower Clapton Road "; he is a rubber dealer. About 6 p.m. I returned with Dr. Plaister, who identified the tyre, which was in the lobby, and the two lamps. The tyre had a label on it ready to be sent off to Nuneaton. While looking at the lamps a G. N. R. van drove up and the "carman took it with two other tyres. I took possession of the tyre and the lamps, and told prisoner that prosecutor had identified them as his property. He said, "I bought the tyre in this shop about four weeks ago. I paid £3 for it. I do not know the man from whom I bought it, but I should know his face if I saw him. The lamps I bought about six months ago with 14 others for £2 10s. from Mr. 8. Harrison, 18, Lower Clapton Road. I have not got a receipt and I do not keep a book." I told him his statement was not satisfactory and took him into custody. He said, "Cannot you let me go? I shall not run away." I took him to the station.
Cross-examined. The tyre was the first thing that the prosecutor saw; it was lying quite openly. I cannot say how many other brass lamps there were on the shelf. I ascertained from Harrison that he had sold prisoner about two dozen brass lamps in December, but he could not say whether these two were amongst them; they were practically of the same sort. The label on the tyre had the name of prisoner's firm printed large upon it. Prisoner assisted us in every way, I heard him say he had bought some goods, not these, from a tall, thin man.
Detective-inspector ISRAEL BEDFORD . On the evening of May 23 I saw prisoner at the station. I said, "You know me as a police officer. I am not satisfied with the explanation you have given to Sergeant Bowden as to the motor tyre and two motor lamps. I shall charge you with feloniously receiving them, well knowing them to have been stolen." He said, "I assure you I did not know they were stolen." When the charge was read over to him he said, "That is the charga I see."
Cross-examined. The reason why he knew me was because I had been there previously the same day. I have given him permission to send some goods away, thinking there was nothing wrong.
Detective-sergeant CHARLES WESLEY . On May 22 I went to see the garage of the Tottenham and Edmonton Gasworks in Dyson Street. On May 23 I went with Short to prisoner's store, where Short identified three Stepney wheels, with tyres on them. Prisoner arrived later and I informed him that Short had identified three Stepney wheels as having been stolen from his company's garage on May 21. He said, "How does he know they are the same ones?" I replied, "By certain marks on two of them and the numbers on them." He said, "I bought them from a man named Taylor this morning." In his inner office he made this statement, after being cautioned: "I am managing director to this firm. Clark and Foster is only a trade name. My wife and I are practically the firm; what I mean is we are the chief shareholders. These three wheels came in a packing case this morning by Carter, Paterson's by themselves from Mr. Taylor, Andover Gardens, Hornsey (he said he thought it was No. 10). I have known Mr. Taylor for about six weeks. I mean I have not bought anything off him for about six weeks. He used to come to my other place, 259, Lea Bridge Road, to buy any old stuff or scrap that I had. As far as I can remember, I have only bought two wheels off him. One of them was an 815 and the other an 810. I cannot remember the exact date. I do not keep any record of my purchases either in a book or otherwise except in my head. I know it is a slack way of doing business, but I never got any receipts for money paid for any purchases. I paid Taylor £2 10s. for each of the wheels. I did not get a receipt for the money. They came in on separate days with a label attached. Taylor brought them to this shop himself; I made a mistake when I said they came with a label. The case containing the three other Stepney wheels came to me about 9.30 a.m. to-day, and about two or three hours afterwards Taylor 'phoned me up and said, 'Are the wheels of any use to you?' I replied, 'They are no good; the sizes of the wheels are no good and the tyres and tubes are shoddy.' He said, 'Will you buy them at a price?' and I eventually agreed to pay him £5 for the three. Taylor said, 'Shall I call for it?' and I replied, 'No, I will send it on.' "On my asking him he showed me the case which they came in; it was broken up in the back yard. On my asking to see the label he said that he thought he had torn it up. I subsequently found it in a waste-paper basket, torn in 12 pieces; I have since pasted it together (produced). I also found in the same place portions of a Carter, Paterson's ticket, with the address of the firm upon it. I showed this to prisoner, who said, "I think these are the pieces of the label from off the case. I ought to have told you that Taylor 'phoned me up yesterday and asked me if I could do with three wheels. I told him to send them over, because he is such a rough, bullying man. I do not like to have him in my shop because he uses such bad language. I buy any old stuff that comes along and never ask any questions. Dealers never do. If a man
brought me some tyres and I asked him if they were stolen I should expect to get my head punched. "I then told him I should have to make inquiries.
Cross-examined. I am quite sure he did not say he had known Taylor for 18 months. I did not on his telling me that he had not bought anything from Taylor for the last six weeks say, "You have not done any business since the last six weeks then?" He may have said before going into the office, "I cannot recollect all the transactions since I knew him but I can recollect some since the last six weeks or so."
PERCY JAMES SHORT , foreman, Tottenham and Edmonton Gas Company. I identify these three Stepney whels with tyres (produced), two by the covers and one by the number, as belonging to my company. One cover has been lately retreaded. I last saw them in the garage about 6 p.m. on May 21; they were gone on the morning of May 22. I communicated with the police and subsequently identified them.
Cross-examined. One of the tyres is of a size which is not in much demand now; we have had it about 18 months and we bought it second-hand; it is retreaded. The Albion tyre we have had about 18 months and it is also retreaded; it was bought new. Neither of them has been used much.
JAMES TAYLOR , general dealer, 19, Andover Road, Hornsey. I never sent prisoner these three Stepney wheels (produced) at any time; I never telephoned to him about them. I do not know him nor have I ever had any dealings with him.
Cross-examined. I have never seen him before. I deal in old tyres and other things. Nearly every Friday I go to the Cattle Market and sell things. I sold a man named Fenton some old cycle covers about a month ago. I saw him at the Cattle Market. I did on first meeting him tell him that I had a parcel which I could sell cheap. He has never been to my place to look at goods. About two months ago I also sold him some stuff; I took it to his place. I have not known him as long as 18 months. I have had a tall thin man named Carter working for me about 18 months; he has been to prisoner's shop; he works for me now and again. I never sent him there. Prisoner has never given me a cheque. I have never seen Mitchell (who was brought in) before. I have never seen John Seymour (who was brought in) before. I have a pony and cart. Carter has never sent hinges off for me; he always comes with me and helps me. I have never sent goods by Carter, Paterson. I know there is a depot in Elthorne Road near me.
Cross-examined. On May 22 a young, tall, thin man arrived at the depot driving a pony with a large case to which this label (Exhibit 1) was attached. I asked him where the goods came from and he said,
"Carter's of Hornsey Road," and I wrote in the corner of the label this, "Carter. "Ours is the nearest depot to Andover Gardens.
Detective WILLIAM GOSLING . On May 28 I went with a Mr. Seymour to prisoner's. shop, where I saw this side-car wheel. I said to prisoner, "This wheel has been identified. It was stolen on the night of April 29 with a quantity of Stepney wheels and other motor accessories. "He said, "A man named Taylor brought a lot of things here and I bought them from him. This wheel was amongst them." I said, "Have you a receipt?" and lie said, "No; I gave him about £1 for it." He subsequently said, "I think I bought that wheel alone, not with the other things, and I believe I gave Taylor a cheque for 15s. I gave the cheque to my solicitor this morning." There had then been a committal on this charge.
WILLIAM ALFRED PLUMMER , motor mechanic, Seamer Brothers, Enfield. I identify this side-car wheel as belonging to my firm; I saw it last on the evening of April 28; on the morning of the following day it was gone with several other cases. It had then a tyre upon it.
Defective GEORGE SMITH . On May 31 I went with Tansley to prisoner's shop and asked prisoner how he accounted for a wheel which had been identified by Tansley being in his possession. He replied, "The same as the other property. You are at liberty to take it away." When charged he made no reply.
GEORGE BILLINGS , surveyor, late Mayor of Hackney and member of the Court of Common Council, City Corporation, was interposed by the defence. He stated that prisoner's general reputation in Hackney was very good.
ARTHUR TANSLEY , motor-driver, employed by Samuel Pulham. I identify this wheel as belonging to my master. I last saw it on the evening of April 25 in his garage; on the following morning I found it with other articles missing. It had never been used; it had a tyre on it when we had it.
Prisoner's statement before the magistrate: "I plead not guilty, and having made the statement referred to in the evidence reserve my further defence.
NIEMAN ISIDORE LIPMAN (prisoner, on oath). I was educated first at the Jewish College and then at University College, London, where I took my B. A. degree. I then became assistant master at Bedford Grammar School, after which I opened a school there. I had had no commercial training. Two years after the school failed, and I returned to London with my wife and started a rubber business with my brother-in-law, which was financed by my father-in-law. My brother-in-law left me about six months ago. About 18 months ago I employed a man named Fenton to buy scrap for Mr. About that time, in consequence of what he said to me I got my brother-in-law to go with him to the cattle market to see a man named Taylor to see some goods he had to sell. They went to 10, Andover Gardens, and returned with Taylor. He brought some motor accessories, but he asked too much
for them and I did not buy them. He came with his partner, who I think must have been Carter; he was tall and thin. They subsequently came to my place two or three times, and I bought goods, paying sometimes by cash and sometimes by cheque; I have handed my returned cheques to my solicitor; I have not been, able to trace Taylor's. I produce my pass-book and counterfoil cheque-book, and refreshing my memory from the latter I see that I gave Taylor a cheque for £1 10s. on February 21, and one for 15s. on March 5. Towards the end of April I bought Mr. Pulham's wheel from him without a tyre for £1, which was a fair price. On May 22, over the telephone, he offered me some stepney wheels, and I told him to send them along and I would have a look at them. They arrived next morning by Carter Paterson in a packing case. I found the wheels not to be the sizes he stated. I placed them quite openly against the wall. On Taylor's ringing me up later in the day I told him they were not the sizes he had stated, but I would give him £5 for them, which was an absolutely fair price. On returning from lunch I saw Detectivesergeant Wensley, who questioned me as to them. I told him all that had happened. On Detective-sergeant Bowden arriving and asking about the lamps that he saw on the shelf with the others, I told him I had obtained them from Harrison; I confused the with the other lamps on the shelf that I had actually received from him. As a fact, I bought them from Taylor's partner; he brought them in with a retreaded tyre, and I paid him £3 for the lot, which I regard as more than a fair price. This was about four weeks before May 22. When the police came the tyre was labelled ready to be sent off, the label being the firm's name and address. I broke up the packing-case in which the three stepney wheels arrived and put the pieces into the yard, as it was too big to move there without breaking it up. I tore up the label upon it and threw the pieces into the waste-paper basket. I paid Taylor 15s. for the side-car wheel about the same time as I bought the big wheel. I had no idea that the articles I bought from Taylor or his man were stolen.
Cross-examined. I have known Taylor 18 months or a little longer. I had seen his partner about business in the shop. I did not tell Detective-sergeant Bowden that it was Taylor's partner that I had bought the tyre from because I had not seen him for a long time and I dissociated him from Taylor: I had forgotten his name but I was absolutely sure of the man. When I remembered, about two or three days after May 23, that I had bought the lamps from Taylor's partner and not from Harrison. I told my solicitor at once; I made a genuine error at the time. The statements that Detective-sergeant Wesley took down, "I have known Mr. Taylor for about six—I mean I have not bought anything from him for about six weeks," were neither of them true, but the discrepancy arose in this way: I told him I had known Taylor about 18 months ago, and in answer to his question I said I could not recollect all the transactions I had had with him except the more recent ones in about the last six weeks; after he had written down my statement I said I could not have said that I had not had any transactions with him since the past six weeks, but he said I had said
that and I said I would not quarrel about it. I did not say that I bought any scuff that came along without asking questions; I said I did not do so if I knew the man was a regular dealer; if I do not know him I ask him for his card; every dealer; carries cards. I have been repeatedly through my returned cheques to see if I can find any of Taylor's; his may be amongst them.
Re-examined. Taylor produced a card similar to this (produced) when he came in first.
JOHN WILLIAM FENTON , cycle and waste rubber dealer, 60, Park Lane, Clissold Park. About 18 months ago I was employed by prisoner as a traveller and buyer. About (August, 1910, I saw Taylor in the cattle market, where he was exposing tyres and other things for sale. I reported this to prisoner and his partner; Mr. Kauffman and I went to see Taylor at his house. He returned with us to prisoner's store with a cart; this was about 19 months ago. He saw prisoner and offered him some tyres he had bought, but I do not think prisoner purchased anything from him on that occasion. Taylor gave me a card similar to this (produced).
Cross-examined. Taylor has since been to the place in Dumont Road where I started for myself about 18 months ago and he has sold me cycle covers. It was when prisoner was at Lea Bridge Road that Taylor came and saw him there. I only know of one occasion when Taylor came.
Re-examined. When I first met him I took a note of his address in my pocket-book.
WILLIAM MITCHELL . I have been employed as assistant mechanic and shop boy by prisoner for the past four months. I have seen Taylor in the shop. On more than one occasion, by Taylor's request, I have changed cheques for small amounts for him at prisoner's bank, the London County and Westminster. I put the money down on the counter and went out.
Cross-examined. I have done this for him once or twice. I was called up from downstairs and Taylor, in prisoner's presence, asked me to change the cheques. I cannot say why Taylor did not change 'hem himself; I suppose he felt tired.
JOHN SEYMOUR , 2, Lea Bridge Road, Clapton. I have been in the employ of prisoner about two years. I have seen Taylor in his shop several times; the last time I saw him there was about three months ago. The first time I saw him was when he was with Fenton in prisoner's shop. I have seen prisoner hand him money. I have seen rather a tall fellow with him; but I never heard his name; he was once with Taylor and once I saw him alone in prisoner's shop, when he brought a small Spencer Moulton tyre. At the end of last year a case containing about 24 brass and metal lamps came from Harrison.
Cross-examined. During the two years I have seen Taylor several times at the shop, but I cannot say how many times. I do not remember the two brass lamps in this case coming. I saw Taylor in the shop
about a fortnight before prisoner was arrested; I cannot gay if he brought anything. I cannot say I have seen Mitchell in the shop when Taylor has been there. Sometimes prisoner paid by cheque, Three other witnesses to character were called.
(Thursday, July 11.) Verdict, Not guilty.
BEFORE THE COMMON SERJEANT. (Wednesday, July 10.)
LEHMANN, Ludwig (57) , being a person adjudged 'bankrupt, to. wit, on January 21, 1911, unlawfully and with intent to defraud did not to the best of his knowledge and belief fully and truly discover to Ebenezer Henry Hawkins, the trustee administering his estate for the benefit of his creditors, all his property, and how and to whom and for what consideration and when he disposed of part thereof, to wit, goods to the value of £400, alleged to have been sold by him to one Leo Kaiser, between July 19, 1910, and January 19, 1911, such part not having been disposed of in the ordinary way of his trade or laid out in the ordinary expenses of his family; being adjudged bankrupt on the said January 21, 1911, after the presentation of a bankruptcy petition against him, unlawfully did make certain false entries in certain documents affecting and relating to his property and affairs, to wit, entries in his cash and goods account, filed on March 14, 1911, purporting to show that he sold goods between July 19, 1910, and January 19, 1911, to one Leo Kaiser, for a sum of £400, with intent to defraud; being adjudged bankrupt on January 21, 1911, after the presentation of a bankruptcy petition against him, unlawfully did attempt to account for a certain part of his property by fictitious expenses, to wit, the sale by him of part of his property to the value of £400 to the said Leo Kaiser, between July 19, 1910, and January 19, 1911.
Mr. Travers Humphreys and Mr. Eustace Fulton prosecuted; Mr. Muir and Mr. Curtis Bennett defended.
GEORGE INGLIS BOYLE , messenger, Court of Bankruptcy. I produce file in prisoner's bankruptcy, in which Ebenezer Henry Hawkins was appointed trustee on February 6, 1911. The receiving order was January 19, and the adjudication January 21, 1911.
EBENEZER HENRY HAWKINS , Incorporated Accountant. On February 6, 1911, I was appointed trustee in prisoner's bankruptcy. The statement of affairs sworn February 11 shows estimated liabilities £12, 179 11s. 9d., of which unsecured creditors are £9,961 13s. 4d.; £5,000 appeared to be due in respect of goods purchased within four months of the adjudication. The assets are stated as expected to realise £7,721 7s. 3d., including stock in trade £117 5s., and cash £1 13s. lid. "In fact, the assets realised altogether £47 16s. 10d. Prisoner handed me a cash-book and various pass-books; he said he kept
no other books of account. An order-book was handed over as well, which included only a few weeks before the bankruptcy. The first entry in the cash-book is December 31, 1909, and the last January 3, 1911. There is no entry of cash received fro-m Leo Kaiser or Max Kaiser. (Prisoner was ordered to file cash and goods accounts from July 19, 1910, to January 19, 1911 (produced), which are signed on each page. The goods account contains an entry: "July 19, 1910, to January 19, 1911. Sold: Leo Kaiser electrical small parts, incandascen; mantles, metallic tubing, cycle covers, tubes and accessories, incandescent lamps, cutlery, athletic goods, and cables, estimated £400." In the cash account there is an entry: "July, 1910, to January, 1911, received from Leo Kaiser cash sales, estimated as per goods account, £400. "Prisoner was publicly examined on March 17 and March 24. (Passages from the shorthand notes of prisoner's public and private examinations were read.)
LEO KAISER , 9, Praed Street, Paddington. I am now employed by Mr. Hawkins, the trustee in this bankruptcy. At the end of 1910 and beginning of 1911 I was living at 23, Westbourne Park Terrace, and was employed as a traveller on commission by the National Electric Lighting Corporation. 35, Cock Lane, of which Samuel Mundler is managing director. I never saw prisoner until February, 1911, after the bankruptcy, when I was told that I was being searched for, and was introduced to him. I never had any transactions whatever with him. I never purchased £400 worth of goods from him, and have never paid any money whatever to him.
Cross-examined. I have known Mundler four or five years. I only sold electric lamps on commission for him. I had to leave Mundler. in consequence of being brought into this case. I have since heard that Mundler bought goods from prisoner's manager, Overbach; I did not know it at the time. I have also sold goods as a traveller for the Orolite Company, of which Worth is manager. On March 28, 1912, a complaint was made about my not paying in £1 6s., and I left them in consequence. On April 15, 1911, I signed letter (produced) in the presence of Mr. Levine and Mr. Nicholls, of Francis Miller and Steele, solicitors, at Ditman's office. Before signing it. I received about £9 in value, being £3 10s. in cash, a gramophone and some records. I signed a number of bills as acceptor in the name of the prisoner for the accommodation of Mr. Mundler. They were produced to me in the Bankruptcy Court. I did not know who the real parties were. I never had any transaction with prisoner, and I only came to know him after his bankruptcy.
Re-examined. The six bills (produced) are those which I accepted. They are: November 1, 1910, "Three months after date pay to my order £47 10s. value received. L. Lehman. To Mr. Leo Kaiser, 23, Westbourne Park Terrace, Paddington," and endorsed by pri, soner; November 1, 1910, a four-months bill for £40; November 21, a four-months bill for £45; November 21, three-months bill for £40; November 23, three-months bill for £30; all by the same drawer, acceptor, and endorser. I did not write the word "accepted," but I understood I accepted them. I think T wrote them all in one day.
These bills were passed to me at Mundler's office At 35, Cock Lane, by Samuel Mundler personally. I think the body is in Mundler's writing. They were all drawn out when I signed. Mundler asked me to favour him by accepting these bills. He explained to me he was in great trouble and it might help him. He assured me over and over again that he only wanted them for an honest purpose as accommodation. bills. I had no money out of it nor did I ever ask for any. I never saw prisoner about them or anything else till after the bankruptcy. After signing them I returned them to Mundler in the presence of two witnesses. I never saw them again until they were shown to me in the Bankruptcy Court.
MAX KAISER , 24, Holborn, Commissioner for Continental and International Exhibitions. I am a director of the United Electric Lighting and Maintenance Company, of which Mundler is manager, and which employed my brother Leo as a traveller. I have known prisoner for about two years. I have never done business with him or bought any goods from him on my behalf or that of the company. I have never bought goods on behalf of my company. Prisoner's statement in his examination that he has done business with me is untrue.
Mr. Muir submitted that there was no evidence on the first count as to prisoner not having fully and truly disclosed his property to the trustee with intent to defraud; no evidence had been given to show intent or that prisoner's statements were untrue to his knowledge. The same submission was made with "regard to the other counts.
The Common Serjeant. There is plenty of evidence that it was a false and invented transaction, and therefore there is evidence for the jury of intent to defraud.
LUDWIG LEHMANN (prisoner, on oath). I am a naturalised British subject. I came to England in 1890, and have since been carrying on business as a hardware merchant... For thirteen years 1 have had an office at 68, Basinghall Street, and a warehouse at 26, Milton Street, which was conducted by Overbach—I took no part in the business at the warehouse. Overbach died before my bankruptcy, which was on January 21, 1911. Overbach came to the office, reported sales, and handed me the cash. After the Official Receiver was in possession I was told to make out a cash and goods account by the Court. I put the matter in the hands of Mortimer, an accountant, who made the accounts from information I gave him which I had received from Overbach. I think Overbach died in the beginning of February, 1911. In making the good account I gave to the best of my knowledge a belief what goods I had received and how they had been disposed of. Overbach had told me that a quantity of goods which he estimated at £300, £400, or £500 worth had been sold to Leo Kaiser. He handed me the six bills produced, which I understood were for goods bought by Leo Kaiser from Milton Street, but for an account separate from the £400 worth. I had never seen Leo Kaiser before my Bankruptcy and never had any personal transaction with him at all.
I was depending upon Overbach for the statements put in my goods and cash accounts. I had no intention to deceive or defraud anybody by means of those entries.
Cross-examined. In my public examination on March 24 I said that Leo Kaiser carried on business at 23, Westbourne Park Terrace, and that" I have not seen him for two or three months—three months, I think. "In my private examination I corrected that and stated that I had confused Leo Kaiser with Max Kaiser. I had seen Max Kaiser three months before. In my public examination, in reply to the question, "Where does Leo Kaiser carry on business?" I said, "At that address as far as I know. The man came to my office and bought things. "Max Kaiser never came to my office to buy things, nor did Leo Kaiser. When I said "My office," I meant my place—that he went to 26, Milton Street and bought things there. I never Saw Leo Kaiser in my life. Max Kaiser intended to do business, but he never did any. Overbach told me of several transactions with Leo Kaiser. I was under the impression it was always Max Kaiser, because I saw he was a substantial man. I said in my examination that I had no references from Leo Kaiser because he paid partly cash, and partly bills which he met. I did not pass bills through my bank. I received bills from Leo Kaiser, which I paid away to other persons. I never kept any books. I had a turnover of £15, 000 to £20, 000 a year. No books of any sort were kept at Milton Street except that Overbach kept a cash book and a stock book. I last saw them when he came to my office and settled up a few days before the bankruptcy. He would bring them every evening and show me what he had bought and sold. The stock book shows the sales to different customers; the purchases were shown on the other side. The cash and goods account were made up by Overbach and myself together after I had been ordered to make them, with Overbach's stock and cash books before us. I do not recollect when this was. My accountant told me I would be asked to do that. I also had the pass books. The cash book, produced, was made up from materials given by me, by Mr. C. Shindler, of 72, Crowndale Road. He is a commissoin and financial agent, and he had a desk in my office. It is partly a copy of Overbach's cash book, which I had before Mr. It coven the period from January, 1909, to December, 1910. Shindler wrote it at my dictation. I also had the pass book—everything was paid into the bank. Mortimer asked me to make it up because he wanted a comprete account of that. period. I believed that the two entries with regard to the £400 were a correct estimate of actual transactions. Overbach had reported a large number of payments in cash by Leo Kaiser. The bills, produced, have nothing to do with the £400 worth of goods.
(Thursday, July 11.)
SAMUEL MUNDLER , director, United Lighting and Maintenance Co., 34 and 35, Cock Lane, Snow Hill. My company employed Leo Kaiser from October, 1910, to March 1. 1911, to sell electric lamps on commission.
He was also selling other people's goods and his own. My company dealt with prisoner. I bought the goods; Leo Kaiser bad nothing to do with it. I saw samples at prisoner's office in Basinghall Street, the goods were at the warehouse in Milton Street. At Milton Street I dealt with Overbach; prisoner was never there. Overbach delivered me the goods; I gave or posted a cheque to prisoner at his office. I sometimes paid part in cash. I never saw the bills of exchange produced before the bankruptcy. I had nothing to do with the making of them. In March, 1911, I received a telephonic message from Leo Kaiser at 274, Elgin Avenue. On April 18 I had a telephonic message from prisoner and had conversation with him and also with a solicitor's clerk named Nicholls. After that Nicholls came to my office and produced copy letter signed by Leo Kaiser, produced. No claim has been made against me in respect of six bills, produced, and no action brought.
CARL SHINDLER , 68, Basinghall. Street, financial agent. I have shared an office with prisoner for some time Overbach was the storekeeper and salesman at prisoner's warehouse in Milton Street. At Basinghall Street prisoner kept no goods or samples. Overbach came to see prisoner several times a week, and settled various business transactions. I saw him hand cash over and explain the transactions. He Frequently mentioned Leo Kaiser. Leo Kaiser has been pointed out to me in the precincts of this Court. I had never seen him at prisoner's office. About January 11 prisoner asked me to write out cash book, produced. He dictated the contents from memory; he had the storekeeper's book, a cash book, and pass books before him.
Cross-examined. I am occasionally pretty busy with my own business. When Overbach came I heard various names mentioned. I nave not been asked before whether I remembered Leo Kaiser's name being mentioned in the office. I have not had proof taken of my evidence. Leo Kaiser's name was mentioned at the end of 1910 or about that time. I am still in prisoner's office and am seeing him constantly; I heard about the bankruptcy, but had no conversation with him on the subject. Prisoner had a small book, which I understood was the order book; I never examined it. I have never seen any other books in the office.
ERNEST LEHMANN . I am brother of the prisoner, am an India mercilant, and had an office at 68, Basinghall Street, adjoining prisoner's office. I have frequently seen Overbach there and heard him give accounts of the sales at the warehouse, mentioning the people to whomgoods were sold. He mentioned the name of Handley, the Wholesale Fitting Company, Mundler, the Crown Fittings Company; I have heard him several times mention the name of Kaiser. I once saw Kaiser at the office. I turned him out. He brought some bills, and made some blackmailing claim which I did not listen to, and simply turned him out of the office.
JANE ZAINS . My mother keeps a hardware shop at 98, Wardour Street. We sell gas fittings, cycle goods, and electrical fittings. Leo Kaiser has called to sell electrical cable and cycle accessories and cycle lamps.
Cross-examined. I have seen Leo Kaiser six or seven times, the last time two years ago. I never bought any goods from him. I have known him many years. My father is a job buyer, so we did not buy from Kaiser.
Evidence to character for the past twenty years was given.
Sentence: Five months' imprisonment, second division.
BEFORE JUDGE RENTOUL
(Wednesday, July 10.)
Mr. Warburton prosecuted.
Detective JOHN LANG , City Police. I arrested prisoner on June 21. I was in the basement of Messrs. Selincourt in Cannon Street. Mr. Chilman said to prisoner in my presence, "Do you come from Messrs. Boon and Co.?" He said, yes. I said to prisoner," You answer the description of a man who has been going to warehouses and obtaining goods on a forged order purporting to come from Messrs. Boon and Co. on May 20 and June 11." Prisoner said, "I know nothing about the silk from the other places." I told him he would have to come to the station with Mr. I conveyed him to Cloak Lane Police Station, and whilst being detained there he said, "I will admit I had the silk from Messrs. Selincourt on May 20 and also from the Fore Street ware-house Company on June 11. Another man gave me the order; I don't know what he done with the silk. I only had 15s. out of it." He was then charged with other offences, and in reply made no answer.
Prisoner. I told the detective when he arrested me at Selincourt's the order had come from Boon's; to my knowledge it had come from Boon's and I had done: he man a favour and brought the order in.
THOMAS TILLOTT , warehouseman, Messrs. Selincourt's. On May 25, to the best of my belief, prisoner produced an order (Exhibit 1) for silk. It purports 'to coma from Messrs. Boon. I told him if he came back in a quarter of an hour I would send it down to the entering room. That is where the orders are executed. He came back. It was on the strength of the order the goods were supplied. Boon's are customers of ours. I do not positively identify prisoner.
WILLIAM MORGAN (prisoner, on oath). I have been in several situations since I was fifteen. I have lost them all except Boon's through ill-health. I do not know why I was discharged from Boon's. I was told they did not want me any more. I did no wrong there. I was accused of having a parcel. I got this order from a young fellow I knew working in the City. He gave me both orders. Not a word of the order is my writing. I went in for the young fellow as gave me the order and gave him the silk; he gave me 5s. the first time and 5s. the second. The third time I was arrested. I did not think 5s. was a great deal to get the first time. I thought it was the last time, I was out of work and he told me that was why he gave it to Me. I did not know the value of the silk. I do not know where the man lived.
Cross-examined. I met the man when I was working at Boon's. He said he was working at Boon's just after I left. He told me to sign in his name, P. Baker. When Mr. Chilman asked me if I was from Boon's I was so flurried I did not know what he meant. I told him the young man was waiting outside, and the officer looked for him. Mr. Chilman said he thought he saw the man going by.
A DOCTOR (unnamed). I examined prisoner at the request of the Lord Mayor. He has got some paralysis of the right eye. I should think that has put 'him in difficulties with regard to keeping his employment. Mentally I consider him to be sound and responsible. I think his mother has been in an asylum several times after excessive drinking. Prisoner has told me so.
Verdict, Guilty of uttering.
Sentence was postponed till next session, other indictments being ordered to remain on the file.
WEIR, David (40, provision dealer) , aiding and abetting the East London Produce Company, Limited, in depositing at 138, Old Church Road, seven tins of unsound meat intended for the food of man, well knowing that the same were liable to be seized and condemned under Section 97 of the Public Health Act, 1891.
Mr. Bodkin and Mr. Shearman prosecuted.
JOSEPH BRUNS , managing director, Libby, McNeill and Libby, 10, Philpot Lane, E. G. We are importers of tinned foods, which are shipped to various wharves in London, Glasgow, Bristol, and Liverpool. They are received at different warehouses, and the warehousekeeper examines the entire parcel, and throws out all he considers bad and doubtful. Those are called "rejects." Up to the end of last year they were given to the Sanitary Authorities to destroy. The shipper would stand the loss. Oporto Wharf is a public warehouse which we use. I first got acquainted with defendant last fall. We sold him some milk. After that transaction he spoke to me about the rejects. He said he could use them for poultry and pig food. If I remember correctly he said he would allow us 5s. a case for it. He got a delivery order, and took the goods to his warehouse. Then I think he came back and said he could not allow us 5s. a case, but would let us know later what he could pay for it. He owes for that
lot. I left it to him to fix the price. There were 32 cases and four tins. They were sold on the condition, "To be used for poultry food." We sold him 37 cases of rejects at Bristol for £7 8s. 4d. The invoice is dated February 23. In March we had a consignment at Glasgow, of which 59 cases were rejects. He told me we could ship them to him as poultry food. We sent instructions to the warehouse keeper, and afterwards got a communication from Dr. Thomas, the Medical Officer of Health for Stepney, in consequence of which I sent prisoner a telegram asking him to call. When lie called I asked him what he had been doing with those goods as Dr. Thomas informed me that he had been selling it for human food. I asked him why he had done it. He said, "You have nothing to do with it; I take full responsibility; I bought them from you as poultry food."
Cross-examined by prisoner. The 32 cases may have been out of the consignment that we sold to the general public. We have sold collapsed tins. I opened four tins and told you the stuff was not fit for food. I did not say we will not put our label on the tins because they were dented or collapsed. These tins were all doubtful because they were a little bit mouldy under the top, and that is the reason they were rejected. We never asked for a guarantee in selling goods as poultry food. We invoiced them as such, and you told us you sold them as such. I did not say, "You take those goods home and examine them; what are collapsed sell for human food, what are not fit for human food sell for poultry food and make us a return." The goods were inspected at the warehouse by responsible inspectors. I could not tell you what we sold of collapsed tins out of the December consignment. We have not sold collapsed tins out of imports into Bristol that I know of. I said, "We sell collapsed tins at Oporto Wharf at one-third off." Fifty nine cases might have contained some good tins. We did not notify you of the 59 cases coming from Glasgow by mail; you knew in the office. When we ship them we notify the sanitary inspector where they are going and what they are to be used for. The warehouse people were instructed to ship them to you for poultry food. I said, "I know now that no notification was sent of the Glasgow cases." When I first heard about this trouble I sent you a telegram. You have called upon me several times since. I have not been cross with you in any way. If I sold you goods for poultry food only and you sold them for human food I certainly would not have a grievance, because when you take the responsibility my liability ceases. I expressed disapproval of your action. I told you should not do anything of the kind. I sold you 20 cases of milk afterwards. I took the responsibility of paying that account because my house would not give you credit. I took that responsibility because you are a mighty plausible chap. I always had a liking for you.
Re-examined. We stock in the Glasgow warehouse between 5, 000 and 6, 000 cases at a time. A collapsed tin contains good meat. They would be marketable. I went to the warehouse more or less to confirm the statement prisoner made to me that the warehouse people were not altogether honourable in making their examination. When I
opened up the four tint I told him they were not fit for human food. He wanted to convey the impression to me that there were a good many full and sound tins thrown into the parcel.
To prisoner. At the police-court I said, "They were not exactly bad, they were not fit to sell as food." When they are doubtful they are considered to be bad. A collapsed tin is good.
FRANCIS RICHMOND , Office of Registrar of Public Companies. I produce the file of the East London Produce Company, Limited. It was registered on November 6, 1908, with a paid up capital of £500. 493 shares have been issued as fully paid, seven for each. Prisoner is the holder of one share. The return is signed, "David Weir, director and secretary." He is the only director. Notice of change of address to 138, Old Church Road, was given on April 19 last.
To prisoner. The previous registered address of the company was 38, Old Church Road. The previous address to that was, 98, Old Church Road.
He ROBERT ABSON , sanitary inspector, Stepney Borough Council. I remember being at Oporto Wharf in the Borough of Stepney on December 21, 1911. I know Messrs. Libby stored at that wharfinger. Their rejects were destroyed by a private firm under the supervision of the Borough Council. The meat was boiled and the fata extracted for commercial purposes. The rest was destroyed. On December 21 I found the defendant was negotiating for the purchase of rejected meats. A van was there loaded with 34 cases. I expressed surprise that he had not informed me of his intention to take those goods. He said he was sorry. I said, "Very well, if you are taking the goods I suppose you have got permission," The wharfinger then told me that prisoner had said he had communicated with my chief, Dr. Thomas, who agreed to let him have them, and I was to follow the goods and be satisfied as to their disposal, I followed the goods to Old Church Road. Prisoner first of all informed me he was going to sell them for poultry food. We arranged he should notify me as to the place they would be sent and await my giving him permission so that I could ascertain where they were going and satisfy ourselves they were going to bona-fide premises. I got a notification of four cases destined to East Dereham. I have had no other notification. In consequence of certain instructions from the Medical Officer on March 15 I went to 38 and 138, Old Church Road. On the first three visits I was unable to get in. On March 26 prisoner called round at our offices... I arranged to visit his premises the following morning. I asked if he" had received 59 cases from Glasgow. He said, "Yes." I said, "What are you going to do with them." He said, "I have sorted them and I have put out 31 cases as being bad and 28 as being good." He said the 31 bad were for poultry food. I saw a parcel of about 50 cases at No. 138. There were six cases and eight tins loose separate from those 30. He said those were good. After looking at them I said, "Those are not all the good ones; how have you disposed of them?" and he gave me the names of several firms where he had sold the balance of the goods to. I asked what arrangement he had made with Libbys about price. He said, "I have not paid for them yet."
I said, "Surely you have come to some arrangement about price ". He said. "No, I have not, they have been sent to me unknown; I did not know the quantity that was coming or where they were coming from, but I have £5 18s. to pay for carriage, which I consider too much. He said he would pay 3s. or 4s. a case to Libbys. On hearing that 1 gave information to the West Ham Council. That covers the address of Jones, one of the names he gave me at Canning Town, on March 29 I went again to 138, Globe Road. Prisoner arrived ten minutes afterwards. I began to make a critical examination of the six cases and eight tins, which I had previously seen on the 27th. Seven tins were found to be bad. I seized those; they were condemned by the magistrate at the Thames Police Court the same day. I produce the condemnation order. Prisoner did not dispute as to the seven tins being bad. I told him he had not accounted for the full balance. He then told me he had sent ten cases to Evans, Angel Lane, Stratford. I telephoned that information to the West Ham Authorities. I had a letter from the Glasgow Sanitary Inspector on the 29th saying 29 cases of corned meat containing each 12 6-lb. tins, which have been judged by the inspector here to be unfit for human consumption, have been despatched to the East London Produce Company, 138, Old Church Road, Stepney, so that they may be used by that firm as food for poultry. They are sent on a distinct understanding that they shall on no account be used for any other purpose, and I advise you accordingly so that you may be able to see this arrangement faithfully carried out. "Prisoner was present when the tins were dealt with by the magistrate. On April 1 I went to Elliotts in Bow Common Lane. I told prisoner afterwards about my visit. I said, "Are you quite sure you sold goods to Elliott." His reply was," Do you think I have told you a lie." I said, "I do not think so, but nevertheless Elliott denies having had any." He said, I sold Elliott some of those meats. Elliott's is a retail shop. On March 30 I went to Bakers, 20, Globe Road, E. I saw five boxes containing 66 'tins. I opened two or three. They were bad, mouldy, and some were very offensive to the smell. I seized the whole 66. This was Saturday 1.30. They were stored until the Monday in a proper place, where the temperature is probably 60 all times. Dr. Thomas was present on Monday when they were opened. Sixty were bad. They were taken before the magistrate the same morning, and an Order for their destruction granted.
To prisoner. I received the letter from Glasgow on March 14. I called at Old Church Road next day and twice on March 25. The premises were closed on the three occasions. I do not think it would have been advisable to have written you. I expected you to come round according to your agreement that you would notify Mr. I stand by the statement I made at the police court. "I did not examine the whole 80 tins on the 27th, as I saw they were wharf rejections, and I intended to notify the various authorities where the other goods had gone, and did not want to arouse your suspicions. You told me voluntarily to whom you had sold the goods. I may have seen the railway freight receipt. On March 29 you did not meet me by
appointment and walk with me to Old Church Road. The seven tins were brought to this Court by your man and I paid him for doing so. You did not tell me the books of the Company were elsewhere and that the registered office of the Company was elsewhere. The remaining 73 tins were considered good. We opened 25 tins to find the seven bad ones. There was nothing external to show. "The latter does not apply to the whole 80 tins. The other 18 were passed as good. I do not remember you saying" I do not pass two as good. "You may have said it. I allowed you to give them away. I should not foe surprised if out of the 55 that were passed there were three bad. You could not tell that without opening the 55. If you gave a customer ah undertaking that all bad tins would be changed within 30 or 60 days you would not be negligent or look like committing a fraud. I was not present when any arrangement was made with you by Dr. Thomas that you should put that proviso on your invoices. Baker is liable to be proceeded against at any time within six months. I went; Baker's with Dr. Thomas on the 28th. I saw Baker junior. The doctor asked if they had bought any meat from Weir. After some hesitation he said, "Yes, we have." He was asked, "Have you had any meat within the last week or fortnight." He said, "No." He said the last time he bought any was in January. The doctor said he was of opinion he had bought meat from Weir within the last two or three weeks, and that they had been sold for poultry food purposes. Baker, jun., said, "Well, it is my father's shop," and he threw the responsibility on to his father. Dr. Thomas said, "You had better tell your father to come and see me at the office in the morning." We searched the premises, but found none of the meat. I called again on the 30th. I then saw the beef. I think I opened five tins. Any time I have written, for you to call on me you have kept the appointment.
Dr. DANIEL THOMAS, medical officer, Stepney. On receiving a letter from the Sanitary Authority at Glasgow I gave instructions to last witness. On March 29 I went to 138, Old Church Road, and examined some tins of corned beef. Six tins were bad. The seventh tin I did not see till afterwards. On April 1 I examined 66 tins that had come from Baker's. Sixty were putrid. There would be great risk of ptomaine poisoning if they were consumed. This was in the yard of the Thames Police Court on the Monday. They must have been months if not yeans getting into the condition they were in.
To prisoner. I said at the police court," With regard to dry corned beef or anything like that there was a process of decomposition taking place in which no gas or very little gas is formed, and it requires an expert, if there is no gas, to say whether it is decomposed or not." From the external appearance of some of the tins I saw-in Old Church Road they were palpably bad. It is possible to find a small percentage of bad tins amongst a good consignment. I do not think seven tins out of 80 a large proportion out of wharf rejections. If they had been rejected I should expect to see more. I was rather surprised that there were six good ones out of the 66 at Baker's. I invariably ask the owner to be present when I ask for an order for
condemnation. I do not know what sort of manufacturing process you can put unsound meat to. I remember having a conversation with you about five years ago and strongly recommended you not to deal in sound goods and unsound goods. If I am bound to answer as to whether the conduct of your business has been to my satisfaction during that time I will say no. The Medical Officer of Health for Bermondsey telephoned to me to say you were applying to get unsound goods from Bermondsey, and that you had informed him you had a means of boiling down unsound food on your premises. I telephoned back and said you had no such means. That was an attempt under what we consider false pretences to get unsound goods from Bermondsey to Stepney.
RICHARD JAMES BAKER , provision dealer, 20, Globe Road, I live at 177, Grove Road, Walthamstow. I have known prisoner as a job buyer. I bought from him in January last two cases of milk and six tins of corned beef. He recommended me this beef, said it was good. I opened one tin and found it was all right. The other five I put on one side at 20, Globe Road. On Monday, 18th, he said he had some similar stuff, could I do with it. He said it came from Scotland. I agreed to buy five cases at £1 4s. a case. The ordinary price is about 32s. It was delivered about 8 p.m. I put them in the back room at the shop. The next day when I came I found I had got no room for them, so I said the best thing would be to send it to Walthamstow, as it was nice and cool there, and I could fetch it up as I wanted it. They remained there till 23rd or 24th, it might be later. The day following the visit of the inspector they were brought from Walthamstow for him to look at.
(Thursday, July 11.)
FREDERICK GEORGE BAKER , 20, Globe Road, E. I am the son of Mr. Baker, who was called yesterday. In January my father bought two cases of milk and six tins of beef from him. The beef was bought at 24s. a case. The six tins were sold. It was in good condition. On February 6 I saw defendant again. My father was not at home. I bought one case from him at the same price. One of the tins was bad. That was changed. My father afterwards bought five cases of him. They were not disposed of, but taken away by the inspector with seven tins of the other lot. Five tins of the other lot were sold. One of Mr. Weir's men delivered the five cases with a barrow.
To prisoner. Five of the tins bought on January 29 were sold in the shop. One was exchanged as bad, seven went to Walthamstow Inspector Simuson first came to our shop on a Wednesday about March 27. My father was present. I did not hear the conversation. The five cases were not there. They had been taken to Walthamstow about March 20. (The witness wrote a copy of the following postcard) "20, Globe Road, Mile End. Dear Sir,—Weir. Will you give me a look over this evening, yours truly, R. J. Baker." I have not seen that postcard before. It was not written by Mr. I did not see
the five cases removed to Walthamstow. I did not go down with the van. It was brought back to Globe Road the night before it was seized. I think they opened eight to ten tins. They took some out of each case. I think they picked out the best of them. I was not present when the tins were opened. I saw the stuff in the yard at the police station. It had been opened.
To prisoner. I first received instructions to call at Baker's Globe Road, on March 27. Inspector Sampson accompanied Mr. We saw Mr. Baker, senior We told him We wished. to go over the premises to see if he had anything unfit for food. We did so. We found no tins of beef except what was actually in process of serving in the shop. We asked Baker if he had bought five cases. He said he had not. He would have inferred from our questions that we referred to cases from the East London Produce Company. I have only heard of what has been going on subsequently.
DAVID WEIR (prisoner, on oath).—In December last year I called upon Libby. McNeill, and Libby and saw Mr. Bruns, who gave evidence yesterday. In the course of conversation he told me he had a lot of rejections of corned beef at different ports in England and Scotland. I asked him what condition they were in.—He said, "Will you go down to Oporto Wharf and have a look at a parcel there?" He said the parcel was then being sorted over, and gave me an inspection order. On the following day I saw 32 cases and four tins in the ware-house. I opened one tin and found it good. I then saw Mr. Bruns and asked what he wished for the parcel. He said, "What can you give us? It is a parcel of beef that wants sorting over. "The parcel contained collapsed tins, that is, tins that have been dropped in careless handling. There were other cases with tins pierced; some were stained and some blown. I took the parcel away and arranged to pay Mr. Bruns 5s. a casa At that tune I had no outlet for corned beef for poultry food. I thought to obtain customers for those; they were not fit for human food. Until the month of March I was not successful. Subsequently Mr. Bruns in January said, "We have a parcel at Bristol and one at Liverpool. Shall we rail them on to you?" I said "Yes, send them on as poultry food, so that they will come by a cheaper freight." They totalled 69 cases less one tin. Those were selected over, and about 28 or 29 were sold for human food. Subsequently Mr. Bruns told me they were making another examination at Glasgow of the same pack of beef and when it was completed should they forward them on. I said "Yes." I saw the secretary, Mr. Sidwell, a few days afterwards. He told me he had been to Glasgow. He said, "It is a very fine parcel. We never sell
any collapsed tins in Glasgow and I have seen them myself personally, and you ought to be able to make within 1s. or 2s. of the London market price." I had no further advice from Libby's. On March 14 or 15 these arrived in Old Church Road in my absence. My man had not sufficient money to pay the carriage. The third time the carman brought it I paid the carriage and the beef was delivered. I at once sorted the parcel. I found 31 cases not fit for human consumption, and 28 cases which were. Twenty-one of those cases were disposed of before Mr. Abson called. When he called there were 80 tins left. I asked him to look at them. He had a casual glance, but would not examine them. He said, "Do you intend to sell those for human food?" I said, "I do with one reservation. That is, that the buyer opens them before he exposes them for sale." These tins weigh 61b. Customers buy it in pennyworths and three halfpennyworths. It would be sold at 6d. per lb. profit. As Mr. Baker said, if he got 8d. out of a 6 lb. tin, that would be the utmost. The evidence of the Bakers conflicts. Inspector Abson passed 73 out of the 80 tins as fit for human food. I frankly gave Mr. Abson information as to the names and addresses of customers to whom I sold these goods. He told me Baker denied having bought any beef from me since January. I told him Baker was a liar, and showed him the postcard Baker had written to Mr. He said, "Have you been to see him?" I said, "No, I have told you to go and look at the beef. I know the beef is good." Abson went away and saw me again on Friday, March 29. We made an appointment to go to the warehouse. He examined the tins. The result you know. The following week he said to me, "Baker has come and confessed to the doctor, and he is not going to be prosecuted. If I had had him in hand I would have prosecuted him because of the lies he told me, but he has got off, and we have got the beef." I said, "How did the beef turn out?" He said, "Shocking. The whole 60 tins were bad." I said, "Don't you think I should have been present when this was examined and seized, when you have made on inspection of my warehouse and found a percentage of 73 out of 80 good, and now you find practically the whole parcel bad. "I do riot think it has been proved those 60 tins seized in Globe Road were the tins I supplied to Baker. What did that man want to cart this beef to Walthamstow for and cart it back to London? The seven tins Mr. Abson seized I took to the Thames Police Court with my own man. I told the magistrate I had no objection to them being destroyed, as they were never intended for sale as human food. Amongst the names I gave to Mr. Abson was a Mr. Jones, of Bidder Street. Canning Town. He had two cases. Mr. Abson notified the West Ham authorities on March 26 of those. The inspector there paid three visits. Eventually he seized 22 tins, which were destroyed. I was not asked to be present to see the destruction. I was summoned to appear at West Ham Police Court a few weeks ago, and they fined me £20 and £5 5s. costs. I wished to go for trial by a jury. The magistrate said. "You are on the wrong side of Bow Bridge. "They did not hear Mr. I was summoned at the Thames Police Court, I was not heard there because I was dealt with at West Ham. I came
here so that this case should be gone into by a jury. Mr. Bruns asked me," How shall we invoice them? Shall we invoice them all as poultry food?" I said, "Well, as you were not present at the examination I take the responsibility. The best thing for you to do is to invoice them to me as poultry food. The price I agreed to pay was 4s. acase. I had also to pay the carriage on the Glasgow lot, 2s. a case. For poultry food the outside value is 3s. a case. It has taken me seven months to find a customer at that price. I have not paid for it. I think the Glasgow Sanitary Authorities should have notified me about this beef coming, and I think Mr. Abson should have notified me when he received that letter. I was summoned by Dr. Thomas over a parcel of milk, and was fined in two summonses £20 and £5 5s. costs. I sued the firm who sold me this milk, and recovered £140 damages and costs. The firm who supplied me were fined £25. Dr. Thomas advised me to put on my invoices, "Any unsound tins changed within 30 days."
Cross-examined. I never bought those goods for poultry food. I bought them to be examined. I admit the only two invoices sent were for poultry food. I was at Oporto Wharf on December 21 and saw Inspector Abson there. I was taking away 32 cases of beef. I did not know then that they were being dealt with in a different manner to what they had been before then. Mr. Abson asked me where I was taking the goods to. I told him 38, Old Church Road. He said, "When you sell any for poultry food will you advise me where they are going to?" He also said, "Do not deal with those goods on the van till I have seen them at your warehouse to-morrow. "He called next day. I was not there. My man showed him the cases. I sent four cases out of the Bristol, Liverpool, and Oporto Wharf lot to East Dereham for pigs' food. I did not notify the authorities. I cannot tell you how many of the 32 cases from Oporto Wharf were sold for human food. The three parcels were treated as one. I tested the tins before I sold them; In the five cases that went to Baker there was not a tin with a blemish. There is no man living can tell a bad tin of beef until he opens it. The guarantee, "Any unsound tins changed within 30 or 60 days" means that Mr. Baker can return a tin and have it changed or have his money refunded. Two out of the seven Mr. Abson passed I would not have passed as good. I have been the biggest job buyer of condensed milk in the East End of London for seven years. I think the inspectors at the docks ought to take a little more notice of the goods sold at rummage sales. The auctioneer for His Majesty's Government can put up 1, 000 tins of jam for sale which is not fit for food. It is bought by job buyers throughout the country. As to the goods seized in West Ham, the medical officer said he could not say they were bad without a bacteriological examination. I say if Baker's 60 tins were condemned they were not in the condition I sold them. I did not see them, but if they had called me it would have given me a chance to identify them. The tins might have been tampered with, or they might have been put in a hothouse, then they would have turned wrong in 48 hours. When I was present there was 9 per cent, wrong; when I was not present in Canning Town
there were 100 per cent, wrong, and in the case of Globe Road 90 per cent, wrong.
JAMES SIDWBLL , secretary, Libbys, Limited. I recollect seeing you in January about a parcel of beef lying at Bristol and Liverpool. We sell collapsed tins if they are in the parcels. The customer is allowed one third off. We never label a collapsed tin. I was in Glasgow about March before the 59 cases came to London. I saw them. I did not examine them. I did not tell you they ought to fetch within 1s. or 2s. of the market price in London. I swear that, because I could not say anything about the goods. We should not have passed an invoice till you gave us your price. I do not know the value of poultry or pig food. I never sent any invoices for such. You knew very well you were getting the stuff along, The Glasgow office did not communicate with me in any way. I had a letter from the sanitary authorities in Glasgow. Mr. Bruns took the matter in hand.
SIDNEY JOHN KILBEY , provision merchant. I have sevens hops in London. I bought from you at Old Church Road in January two lots of 10 cases of corned beef at £1 a case. I had a guarantee, "Unsound goods exchanged within 60 days. "I have sent back 26 tins. The cases contained 240 tins. Every tin was opened before it was sold. We sell it in 1/4 lbs., 1/2 lbs., and 1 lbs. The 214 tins were satisfactory. We had no complaints. You told me Mr. Abson had examined 80 tins in your warehouse and passed 73 as good. I have disposed altogether of 31 cases. I think I had two bad tins. I should call it a wicked waste if they were all to be destroyed as unsound, especially as each tin had to be opened before it was supplied to the public.
Cross-examined. The Medical Officer of Bermondsey inspected 10 cases. He said it was good beef. He complained that one tin was not what it should be.
JAMES WESTBBOOK . I have been in prisoner's employ nearly two years. I recollect 30 cases coming from Oporto Wharf. 37 or 36 from Glasgow and Bristol, and 59 from Glasgow. That is all the beef that has come to Old Church Road from Libby's. The way they were dealt with was, collapsed tins and bad tins were sorted and the good ones SBD: out to be sold. All bad tins were kept back for poultry food. Fifty-eight cases went to Green Bros., Dunstable, as poultry food, and four to East Dereham. As to the tins we have changed, there was one from Baker, five from Evans, Stratford, and two cases and two tins from Mr. Kilbey. The last three cases I took to Kilbey was out of the tins Inspector Abson passed as good. Sixteen tins were given away to poor children. Two tins Mr. Abson passed as good you told me to pat with the poultry food."
Cross-examined. I examined the goods that came from Libby's. If they were puffy or had a nail hole they were not sent out. After Mr. Weir had seen the good ones again they went out to customers.
Sentence: Four months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, July 12.)
SMILOW, Louis (28, clothier), and MARTIN, Sapioro (34, clothier) , obtaining by false pretences from Piet de Wit, trading as De Wit and Company, 28 bales of cotton blankets with intent to defraud, in incurring certain debts and liabilities of £94 Os. ld. to Piet de Wit, £26 7s. 4d. and ±35 3s. 3d. to MacLennan and Company, £19 12s. 6c. to Delacour Bros., and £87 7s. 5d. and £49 2s. 11d. to Warrell and Sons, in each case obtaining credit by means of fraud; conspiring and agreeing together to obtain and in pursuance thereof obtaining by false pretences from the said Piet de Wit, MacLennan and Company, Delacour Bros., and Warrell and Sons, certain goods, in each case with intent to defraud.
Mr. Purcell and Mr. Eustace Fulton prosecuted; Mr. Muir and Mr. Briggs defended.
JOSEPH HATES , traveller to MacLennan and Company, ribbon merchants, 30, Newgate Street. On November 21, 1911, my firm received from defendants an invitation to submit samples of our goods. On November 28 I called at 124, Minories, and saw Smilow; I showed him samples, and he ordered about £15 or £20 worth. I asked for references. He said that the firm of Martin and Company had not been long enough in business to give references; that the firm was formerly the Ladies' Underwear Company, of which Smilow was manager and proprietor, and that Smilow had sold the business to him, Martin. (I a mcertain it was Smilow speaking.) He showed me receipted accounts with two firms that I knew. We supplied some goods, for which we eventually got paid. On January 12 I called and saw the two prisoners. They said they had a large shipping buyer coming over from Rumania for a large parcel of ribbons. Orders were placed with us for £35 3s. 3d. and £26 7s. 4d. Not being able to obtain payment we commenced proceedings. In March they called a meeting of creditors. When I gave credit for these amounts I believed that prisoners were carrying on a genuine business.
Cross-examined. Martin was not present when the first order was given. I made inquiries from one of the firms, whose receipted accounts Smilow showed me, and I was satisfied. The terms I arranged with prisoners were, 2 1/2 per cent, discount for monthly, accounts. I did see with the prisoners a man, a foreigner, who was said to be the shipping buyer from Rumania. I am not able to say that the goods we supplied were not actually sent to Rumania.
HARRY MAX LANDSBEBO , of Landsberg, Philips and Company, whole sale merchants, 21, Redcross Street, B. C. On January 30 I bought from Mart; n and Company a parcel of goods, amounting to £53 8s. 7d.; the invoice includes 155 pieces of ribbon, size 5, and 121 pieces, size 9, £23 11s. 2d. These quantities are identical with those of ribbons sold by MacLentran and Company to prisoners, but I cannot be certain that these were the same goods. In April, 1912, we bought from Martin
and Company goods, including 750 blankets, amount of invoice £28 2s. 6d. (these were alleged to be the blankets obtained by prisoners from De Wit and Company). Between January 22 and March 29 we bought from prisoners goods to the amount of £362 14s. 7d.
Cross-examined: Some of the blankets we bought at 9 1/2 d. I have sold at 10d.; the rest we have not sold at all. The ribbons we have not been able to sell at a profit.
WM. ANDREW TAYLOR , traveller to Delacour Bros., tobacco pipe manufacturers, Kilburn. In February and March last I called at 124, (Minories, and saw prisoners, together with a man, who they told me was a shipping buyer. We supplied a number of pipes, invoiced altogether at £19 12s. We have never been paid. 1 afterwards saw some of chef pipes in the possession of Sloberdinsky.
ROBERT MUKTON , cashier, London and South Western Bank, Minories Branch. I produce certified copy of the account of Sapioro Martin, of St. John's House, Minories. From the opening of the account on November 30, to the end of December, the turnover is £140 8s. 10d.; from January to March it is £414; from March to May £336. On April 29 there was £1 11s. 6d. standing to credit. In May there was 17s. 6d. credit. I produce list of cheques which were presented but not met from January to May 13, 1912. The total value of cheques returned marked "R. D. "or "Signature differs," and bills marked "Refer to Acceptor," is £559 7s. 9d. £294 of which consists cheques returned dishonoured. Where the cheques were returned marked "Signature differs," there was a very distinct difference in the signature. I should say it could not be accidental.
Cross-examined. All returned cheques were on or before May 3. On April 3 a cheque for £81 7s. 2d. was sent back marked "refer to drawer." On April 29 cheque for £94 was sent back marked "Signature differs." We also kept the account of the Ladies' Underwear Manufacturing Company: that account is still open. Martia's account was opened on November 30, 1911. Martin was the only person who ha-J authority to draw on it. On April 20 a cheque for £100 was met.
WALTER SIMPSON , 79, Piccadillv, Manchester, agent to Piet de Wif, of Helmuiid, in Holland. I called at 124, Minories, in January, and saw Srnilow. I said I had called in reply to his letter, and showed him some samples of cotton blankets. After looking through the samples he gave me an order for £22. T then asked him for references. He said they had not been in business long enough to give me any references in Manchester or London, but he gave Mr. Louis Smilow, of 10, Mornington Road. Bow, and the Ladies' Underwear Company, Rue de Boileau. Paris. He wrote those two references on his card, producpd. I did not think he was Louis Smilow. I wrote to Louis Smilow, and received in reply a letter, produced, stating, "I have much pleasure in informing you that I have sold my business to
Messrs. S. Martin and Company, who have been introduced to me through a Paris firm. Messrs. Martin and Company, in finally settling the transaction paid me down in cash more than three-quarters of the full amount of the sum, and for the remainder I have agreed to take their bills payable at short dates, part of which have already been duly honoured. Messrs. Martin and Company have been very highly recommended by the firm who introduced them to me as responsible people of good standing and enjoying an excellent reputation. Yours truly, Louis Smilow. "I wrote to the Ladies' Underwear Company at Pans, but my letter was returned through the post. I have not got the envelope. I then called again on Martin and Co., and saw Smilow. I said to him, "I have received a reply from Louis Smilow which was quite satisfactory, but the letter to the Ladies' Underwear has been returned through the poet." "Oh," he said, "that is impossible. "I replied that it was so. He then showed me a ledger containing accounts with various firms, to prove that they had been doing business with firms of good standing. I felt satisfied. After that he ordered £90 worth of goods, which were delivered and paid for. On March 27 he ordered 28 bales of cotton blankets. One lot worth £59 1s. 2d., which came from Manchester, was delivered about April 3, and another lot worth £34 18s. lid., from Holland, was delivered about April 10. We then received an order from them for about £200 worth of goods. We applied for payment of the £94 worth of goods delivered, and received a letter (produced), enclosing cheque dated April "31 "for £94 odd, stating that they had not paid before as they had had to oblige Messrs. Worrall and Sons, and expressing surprise at not receiving further goods ordered. We wrote in reply, pointing out that the last day of April was the 30th, 'and asking them to give us another cheque. Next day I called at the Minories, but did not see either of the prisoners. I called afterwards, and saw Smilow and another man. I. showed them the cheque and asked them to give me another cheque, as there was no such day as April 31. They said they would give me a cheque at once in exchange for it, and the man who was with Smilow took the cheque, tore it up, took another cheque out of a drawer which was already signed, filled it in for the amount, dated it April 29, and gave it to Mr. I paid that cheque into our bank. It was returned, marked "Signature not in order. "We sent that cheque back with a letter (produced) asking for another cheque. After that I made more than one call, and ultimately about May 1 I saw Martin. As he professed not to understand what I said, another man brought in an interpreter. He then said if I would wait a little longer the account would be paid. He said it was a mistake. I said I wanted the money. He said he could not give it to Mr. I also saw Smilow. On May 21 I saw 750 of our blankets in the cellar of Landsberg, Phillips and Co. They were in the cellar with other goods. I do not suggest that that was an improper place to put them. I believed that Martin and Co. were carrying on a genuine business, and gave them credit because I was satisfied with the reference of L. Smilow and the ledger. The man not in custody whom I saw said that the goods were for shipment to 8th Africa, and that they would get cash against bills of lading from the bank. I believed him.
Cross-examined. On January 3, when I first called at the office, I did not ask Smilow his name; he did not give any name. He said that Martin had purchased the business from Smilow; I cannot say whether that is true or untrue. He said that Smilow had carried on the busy ness of the Ladies' Underwear Manufacturing Company at that address. I do not know whether that is true or not. He told me that he believed Martin was a sound man—that he had been so recommended to Smilow at the time of the sale of the business. I do not recollect saying upon that that I must have a written reference; I am not prepared to say that I did not. I have no doubt that 10, Mornington Road, is the correct address of Smilow; there was nothing to prevent my going there and inquiring for Smilow. I cannot say that Smilow gave me that card with that address upon it intending to conceal his own identiiy. When I told Smilow that our letter to the Ladies' Underwear Manufacturing Company had come back, he said that I could not have addressed it correctly or it would not have come back. (Witness was handed an envelope.) This envelope is addressed to the people to whom I intended to address the letter; it is printed with the correct number. It has gone through the post; there is no mark upon it to show that it has been sent back. The postmark is dated May 9. I do not re-member Smilow showing this to me as a proof that I had directed the envelope wrong. I have not looked up any Directories or made any inquiries to see if the firm exists. It may be that I made a mistake in the number when addressing the letter. I will not swear that Smilow gave me more than one order; I think he gave me two. The one order which I can remember his giving me was paid for. In February and March we received good cheques from Martin and Co. for £22 7s. 2d., £26 15s. 5d., and £17 12s. 11d. The explanation that the 'Cheque for £94 had not been honoured because they were obliging Messrs. Worrall. may be true; I have not asked Mr. Worrall about it; I have not the slightest doubt it is true. We did not receive a notice on May 7 from the prisoners' solicitors telling us that Martin and Co. were calling a meeting of creditors. I know that Mr. Worrall received such a notice.
Re-examined. When Smilow gave me the reference of Louis Smilow, I had not the least idea at that moment that the man I was talking to was Louis Smilow.
MILU WEISSMANN , 31, Monkwell Street, agent. On April 19, when I was carrying on business at 15, Addle Street, I bought 750 blankets from S. Martin and Co. I had the dealings with the prisoner Martin: I believe I saw Smilow there once. I paid £28 2s. 6d. for 750 blankets at 9d. each. I sold those blankets to—Landsberg, Phillips and Co., at 2 1/2 per cent, profit on the whole. I also produce a list of other goods I purchased from Martin and Co. between December 4, 1911, and April 20, 1912, making a total value of £397 6s. 30d.
Cross-examined. I gave a fair price. A profit of 2 1/2 per cent, would work out at about 1/2 d. a blanket, which is a very close price.
for Mr. Martin. I was told that he was out, and asked to wait. I did so. Presently both prisoners and another man, who was introduced to me as Mr. Martin, came in. The latter gave me an order for about £69 worth of cotton, and £39 worth of silk. I afterwards called on different dates, and got further orders from the same man to the value of £400. About £200 of those orders were delivered. I then called several times for payment. About April 20 the man Martin, who had given me the orders, seemed to disappear, and I saw him no more. I saw both prisoners at 124, Minories. Cross-examined. I had my dealings with Martin.
HERBERT WORRALL , 213, Albion Buildings, Aldersgate Street, agent for the Neuen Kirschner Printing Company, Vienna. On April 2 I called at 124, Minories, asked for Mr. Martin, and saw the Mr. Martin who is not in custody. I asked for a cheque in payment of goods already delivered; he gave me a cheque for £81 7s. 2d. I presented it at my bank, and it was dishonoured. I called again at 124, Minories, and saw a man whom I now know to be Smilow. He told me that the cheque was only dishonoured because some cheques which he had paid in had not been cleared. He told me his name was Lukes; I am not sure of the pronunciation of it; he certainly did not say his name was Smilow. He asked me to pay the cheque in again during the day and it would be met. He specially asked me not to tell Mr. Martin as otherwise he might get the sack for not having attended to the business. I paid the cheque in again, and it was honoured. Pending the honouring of the cheque I kept back deliveries of goods ordered by Martin to the total value of £250; they were delivered when the cheque was honoured. On April 10 Martin telephoned to me telling me that his brother and his traveller were coming to see Mr. Both prisoners came and bought goods, for which there were two invoices of £87 7s. 5d. and £49 2s. 11d.; they were delivered. After the payment of the cheque for £81 7s. 2d. not a penny has been paid for goods delivered. I called, saw the Mr. Martin who is not in custody, and asked for payment; he promised me a cheque. At that time they owed us for goods delivered £300. I also wanted money for my manufacturers for goods ordered. I wrote to them once or twice, and saw the prisoner Martin. I was finally given a bill for £252 17s. due May 10, which was not met on May 10. I was also given a bill for £213 due on June 10, but prisoner had been charged before that time. They now owe to my manufacturers about £450, and to me £357 for goods actually delivered. I have orders to «. the amount of £200 given by them, which I have not executed. On May 31 I saw at the premises of Foster and Jones, Moor Lane, 84 pieces of cotton muslin, value £49 2s. 11d., and 50 pieces of sheeting, value £30, which were part of the goods we had sold to Martin and Co.
ISODORE WEINSTEIN , 49, Barbican, warehouseman and job buyer. On April 25 I bought 4, 249 yards of printed muslin at 11d. a yard, making £31 19s. 7d., from Martin and Co. I sold it to Foster and Jones, "Between January 17 and April 25, 1912, I bought goods to the total value of £531 from Martin and Co. From January 9,
1911, to November 29, 1911, I bought goods from them of the total value of £1,264 12s.
Cross-examined. I have bought goods from Messrs. Worrall, and from very large firms in the City. This muslin which I bought at 11d. a yard I sold for 2:1. a yard. I am very pleased I have sold it. I did not see Smilow in connection with this transaction. I used to do business with him when he was The Ladies' Underwear Manufacturing Company. Since the change I have done no business with him. I think I sold some trimmings to Martin.
(Monday, July 15.)
At the sitting of the Court the prisoners (who had been on bail since Friday evening) were not present. Failing to respond when called upon their recognisances, the bail was estreated. The jury were discharged without giving a verdict.
BEFORE THE RECORDER.
(Tuesday, July 2.)
Prisoner confessed to a previous conviction of felony at this Court on February 2, 1909. Other convictions in 1905, 1908, and 1910 were proved; on the last occasion he had been sentenced to 18 months' imprisonment in a Borstal Institution. Since his release he had obtained casual employment.
Sentence: Twelve months' hard labour.
Sentence: Six months' imprisonment, second division.
BEFORE JUDGE RENTOUL.
(Saturday, July 6.)
Mr. Travers Humphreys prosecuted; Mr. Walsh defended C. and J P. Walsh; Mr. Eustace Fulton and Mr. Metcalfe defended Fraser.
since June 15. On that day I was on duty in Rathbone Street, West Ham. There was a crowd at: he corner of Lawrence Street making use of bad language. Police-cons; able Tegg was with Mr. He asked the crowd. J go away. They moved away. I saw prisoners there. James Walsh said, "Why should we be driven away by them I——g coppers." I was then struck on the left side of the face by Charles Walsh. I arressed Charles, and we both fell to the ground. Policeconstable Tegg came to my assistance and got hold of Charles. The other two prisoners kicked me on the leg and various parts of the body. I was struck afterwards by Fraser across the back with a stick and kicked on the back of the leg. He also struck Sergeant Goodwin. As I was getting up off the ground Charles Walsh kicked me on the left side of the head. I was dazed for some time. The crowd did not assist the police. I was taken to the police station, where I was seen by the divisional surgeon. I have been in his hands ever since. I am still off duty.
Cross-examined by Mr. Metcalfe. Fraser struck me once on the back with a stick. He kicked me more than once. I could not say with which foot; he might have used both, as I said at the police court. I did not know at the time that he had a scalded foot and wore a slipper.
Cross-examined by Mr. Walsh. I did not take hold of Charles till he struck me in the face. I was dispersing the crowd. I had said nothing; him then. He kicked me on the head. I pledge my oath to that. I knew James well by sight. I saw him there that night.
Police-constable FREDERICK TEGG , 928 K I spoke to the crowd. They dispersed quietly. All the prisoners were there. I know the Walshes well, and Fraser by sight. James Walsh made some remark to Police-constable Munro which I did not hear, and Charles immediately rushed up and struck Munro in the face with his fist. They fell to the ground. I rushed in as soon as I could, got hold of Charles and pulled him away from Munro. At that time the other prisoners were kicking Munro the best they could all round. Fraser was at the head of Munro and James Walsh was on his right side. As Munro was trying to get up James gave him a violent kick on the left side of the head, and he fell to the ground, apparently unconscious. Fraser had a walking stick in his hand.
T Mr. Metcalfe. I knew Fraser by sight. Fraser kicked Munro with his right foot two or three times. When I spoke to him first he said, "Mind my toe." I have heard that his left foot is badly scalded. I did not know that he was wearing; a slipper or that he had to carry a stick because he was lame from the scald.
To Mr. Walsh. T knew several of the other men who were in the vicinity. The crowd was singing and shouting, and standing about in groups, and it was my duty to see them move away. It was just after the public-houses closed. 'We usually speak to them if they are disorderly, but not in a threatening attitude. James Walsh was arrested by Police-contable Spashott later the same night.
in cusiody of Tegg. I saw Fraser hit Munro on the back of the neck with a stick and kick him about the legs. As Sergeant Goodwin went to arrest Fraser Fraser struck him on the shoulder with a stick. I did not know Fraser before. I assisted Tegg in taking Charles Walsh to the station.
To Mr. Metcalf. Fraser was three or four paces off Munro, and as the constable was trying to get on to his legs he made a run at him and struck him with the stick. I did not know he had a scalded foot at the time I first gave evidence. He kicked the constable in the back of the leg. He was not near his head at all.
To Mr. Walsh. I did not see anything happen in connection with Charles until I took him to the station. I did not see James at all that night.
Sergeant GOODWIN , 132 K. I saw Fraser strike Munro across the shoulders with a stick. I arrested him. He was very violent. He made no reply when he was charged. I saw Charles Walsh on top of the constable on the ground. I had seen James Walsh about 10 minutes before on that spot.
To Mr. Metcalfe. Fraser did not seem to be lame when I took him to the station. He kicked me with his right foot. I did not give him his black eye or cut mouth. I restrained him, of course. I saw at the station he was wearing a slipper. I do not know whether he struck me with a stick; I was struck at least a dozen times by the crowd.
To Mr. Walsh. I was five or six yards off when Charles and Munro were on the ground. I did not see Charles kick Munro.
Police-constable WILLIAM SPASHOTT , 944 K. I arrested James Walsh on the early morning of June 16. I told him I should take him into custody for being concerned with two others in causing grievous bodily harm to the police at 11.30 or 11.25 p.m. He said, "You have made a mistake, guv'nor; I have been round at my mother's since half-past nine."
To Mr. Walsh. I made a note of what he said about 2 a.m. on the 16th. I did not show him what I had written. He had his baby in his arms when I arrested him. His wife was with him. Sergeant HELBY , K. I am stationed at Canning Town. To Mr. Fulton. I have made inquiries about Fraser. He returned to this country on June 8. He is a man of good character. I believe he is receiving compensation for the injury to his foot.
ALFRED FRASER (prisoner, on oath). I have been a seaman 15 or 16 years. About a month ago I was at work on the s. s. "Mersala' and got my foot scalded. I have worn a slipper and walked with a stick ever since. On June lo I left home about 8.30 p.m. Rathbone Street is 10 minutes' walk. I met a friend and had a few drinks in the "Abbey Arms," Barking Road. We were there three-quarters of an hour. I met Charles Walsh in Rathbone Street. I know him. He
works on the ships I go away by. We had a drink in the" Sir John Lawrence." We stayed there about 10 minutes. I did not see James Walsh. I was not the worse for drink. There was a row outside the public-house. The police arrived and I was taken to the station. There was a hostile crowd, principally shoppers. I did not kick an officer. I had a walking stick. I lost it in the crush. I was not concerned in the strike; I had only just come home from sea. I have never had a quarrel in my life and have never been charged with any offence.
To Mr. Walsh. I was speaking to Charles Walsh. I did not see him kick the constable. If he had done so I should have seen it.
Cross-examined. I did not see Charles hit the officer in the face. I was knocked down myself by the crowd. I know he has admitted hitting the officer. I did not see a constable on the ground. I was not violent when arrested; all I said was, "Mine! my foot," The police were rough with Mr. I had done nothing. I was physically incapable of standing on one foot long enough to kick with the other. I could walk with the support of a stick. I said nothing when I was charged; I was too sore; my eye and mouth were swelled up.
(Monday, July 8.)
CHAELES WALSH (prisoner, on oath). Coming out of a public-house I saw a very large crowd. I did no; hear any shouting, singing or swearing. The first I had to do with it was when the police forced us along. A policeman came on to Mr. I believe it was Munro, and said, "Get along," and gave me a dig on the side of the face. I hit him back, we closed together and fell to the-ground. I hit him in self-defence. I never used my feet. The constable fell on top of Mr.
Cross-examined. There was a good deal of halloaing and shouting. I do not know why I was hit in the face. I was not hit very hard. I had been in two or three public-houses most of the evening. I was not drunk. I did not see my brother there.
Re-examined. I have not been in any serious trouble before, only once for drink.
MRS. GIBBS, 31, Vincent Street. I know Charles Walsh by sight. He was going along the middle of the road when three policemen came along and got hold of him. A crowd gathered, and two policemen got him out of the crowd and stood him on the corner of Clarkson Street. Soon after the other policeman came out of the crowd covered with. blood and raised his staff and hit Charles Walsh on the head. I screamed, and he turned and struck another man on the other side of the road. Soon after that they led young Walsh to the station. I did not see anyone strike him in the face, the crowd was too thick.
JAMES PATRICK WALSH (prisoner, on oath). Me and my wife come out of doors about 9.10 p.m. I was carrying the baby. She went into Jones' in Rathbone Street, and came out of there about 9:30. We went down Barking Road and came back to the market place again. At about 10.20 I gave my wife 1s. to get some tea to take to my mother. I saw Charles and Fraser and two or three more outside the
Sir John Lawrence. "I bid them good night, went straight to my mother's and shopped there till 12.30, me, my wife and Mrs. Hawes It takes 10 minutes to, go from my mother's to my house.
Cross-examined. I was not in Rathbone Street at 11.30. I did not go out co have a drink while I was at my mother's. I had one drink there; I think Mrs. Hawes got it. That was at about 10.15.
MRS. WALSH (wife of James Patrick Walsh). We left home between 10 and 10.10 to go shopping. Then we met Mrs. Hawes. At 10.30 we went to see my mother-in-law. (We got there at 10.45. We stayed there till half-past 12, Mr. and Mrs. Walsh and myself. No beer was brought in.
Cross-examined. I do not recollect my husband leaving during the time we were at his mother's.
MRS. HAWES . I remember the night of June 15 quite well. I met James Walsh and his wife. I went to them to visit his mother. We got there at 10.45 and left at 12.30. There was no beer fetched. I do not remember James going into the kitchen.
Verdict, Charles Walsh and Fraser, Guilty; James Walsh, Not Guilty.
Sentences: Charles Walsh, Three months' imprisonment, second division; Fraser was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE MR. JUSTICE PICKFORD.
(Monday, July 8.)
Sentence: Three years' penal servitude.
BEFORE JUDGE RENTOUL.
(Tuesday, July 9.)
Mr. Metcalfe prosecuted; Mr. Eustace Fulton defended.
ANGUS KENNEDY , divisional surgeon. At 4 p.m. on June 13 prosecutor was brought into the Plaistow Police Station suffering from a compound fracture of the nose, and a wound on the left side of the nose. Very severe force must have been used. Any of these stones (produced) could have caused the injury. The nose will never be straight again.
ALEXANDER MILL , carman, in the employ of H. Dorras and Company, carmen and contractors. On June 13 I was in Balaam Street with a heavy load of ice on a van; I had one horse. Someone shouted, "Whoa!"and the horse stopped. I went another dozen yards, but being; on rather a steep incline could not get any further. Prisoner said if I started the horse again he would put my f——g head under the wheel. Burgess came up with an empty van, and prisoner said, "Here is a f——g man who will give you a pull up." I called to Burgess and he turned his van. I was fixing the rope on to his van when I heard him call out. I ran to the front of his van and saw his face streaming with blood; I did not see how it was caused. I went into the police-station opposite.
Cross-examined. There were over 100 men and women there. I had never seen prisoner before he spoke to Mr. I saw him arrested. Nobody else spoke to Mr. I went to the station six hours afterwards. I was not asked to identify the prisoner. He spoke loud enough for anybody in the crowd to hear.
GEORGE BURGESS , carman. On June 13 I was at the bottom of Balaam Street with a one-horse van when I saw a van laden with ice. The carman called to me and I backed my van so that it might be fastened to his. I was turning to see whether he was tying the rope on when something came and hit my face, making my nose bleed; I did not know what it was or where it came from. I was assisted to the police station, and from there I was taken to the hospital, where I am still an out-patient. I am still in great pain.
Cross-examined. I did not see prisoner until I was at the station. There were about 50 people round, but I did not hear any shouting. I did not hear anybody speak to the carman when I pulled up.
EDWARD DOWNS , bricklayer's labourer. I am 15 years old. At 4 p.m. on June 13 I was standing at the corner of Balaam Street and Barking Road when I saw a van laden with ice. The horse stopped. I was about two yards away. The driver started again, and an empty van came up. While it was being attached to the ice van I saw prisoner take a stone from his pocket and put it in a catapult. He went in amongst the crowd and let it off. It hit the prosecutor's nose. Prisoner then put his hands in his pockets and walked across to the beer shop. I afterwards pointed him out to Sergeant L. Andrews.
Cross-examined. I had never seen prisoner before. I was about four yards from him, and there were about 20 people between us. He was holding the catapult for about five minutes. He was about two yards from the ice carman, so he was nearer to him than I was; the carman must have seen him. Another boy first saw the catapult, and drew my attention to it. Prisoner was differently dressed to all the others. After the prisoner walked off the policeman came up and wanted to know who had done it, and I said I knew. I then went with him to the beer-house, and pointed out prisoner to him. This was five minutes after it had happened. There were about six men in the beer-house.
Re-examined. Prisoner had a black coat on and the others had not. The ice carman spoke to prisoner, and prisoner went back into the crowd. About five minutes after prisoner produced the catapult. (To the Court). I cannot explain why I said before the magistrate that prisoner was not differently dressed to the others.
WALTER LAMB (11 years old). On June 13 I was standing at the corner of Balaam Street when I saw the two vans; the ice man was tying his van on to the other. I heard prisoner say, "Here is a man who will give you a pull up." He then shot a catapult. I did not see him put anything into it. It hit the man with the empty van, the prosecutor. Prisoner then went over to the beer shop. Downs told the sergeant where he was and they went over there; I did not go. I next saw prisoner at the police-station.
Cross-examined. I was out with Downs, and was standing next to him. There were about 20 people between us and prisoner. I followed on to the station, and waited outside for Downs. When he came cut he said, "They didn't half hit the man when they got him inside," and he told me the prisoner was the man who had hit the carman with the stone. We spoke about the case afterwards. At dinner time he said he was going to the station, and asked me to go with him, and I went. I was not asked to identify prisoner. I next saw him at the police court six days afterwards.
Police-sergeant ERNEST ANDREWS , 56 K. On June 13 I was on duty in Barking Road when I saw prosecutor standing on the footway bleeding from the nose. I asked who had done it. From what Downs told me I went with him to the beer shop, where there were about five men. Downs pointed out prisoner to me, saying," That is the man. "Without my saying anything prisoner said, "I have not done nothing. I have got no catapult. "I told him I should arrest him, and he said. "All right." I took him to the station. I found in his left hand trousers pocket these ten stones and pieces of metal, and a piece of leather (produced). On the footboard of prosecutor's van I found this stone. When taking the stones from prisoner he said, "I keep these to shoot cats at home with my catapult to keep them from my pig wash." I never saw a catapult.
Cross-examined. I never discussed the case with the boys when bringing them here. There was a crowd of about 30 people round the van. Downs was quite wrong in saying to Lamb that prisoner was knocked about on arriving at the station. Prisoner deals in pigs.
JOHN FRY (prisoner, on oath). I deal in wood and iron, and amongst other things in pigs. About 3 p.m. on June 13 I was in Balaam Street, having been to a Mr. Harper's and bought some pipes and a ton of wood. I walked down the street to catch a 'bus for the Spitalfields Market and went into the "Abbey Arms," where I had a drink. A boy and three constables came in, and the boy, indicating me, said, "There he is." I knew nothing of a man having been injured with a catapult, and I never said anything when arrested; I had not a
chance to. I was taken to the station. I used the stones found on me for preventing my pigs from fighting and getting over the wall. I was locked up once for stealing.
Cross-examined. I am now under probation, having been bound over for stealing money. I never used a catapult in my life. I never had a chance at the police-station to say that I had been to—buy a drain pipe. I was not interested in the strike. I saw the ice van, but I did not speak to the driver. I do occasional work at the docks when there is no dealing to be done. I did not see prosecutor at all.
Re-examined. I said nothing at the police-court because I was in the hands of my solicitor.
GEOBGE HARPER , metal merchant and scrap rubber dealer, 138, Baleham Street, Plaistow. Between 3 and 3.30 p.m. on June 13 prisoner came and bought some iron piping, and also three tons of wood from a man named Sharp who was there.
Cross-examined. My; place is not a quarter of a mile from "Abbey Arms." I was not at the police-court. About a week ago I was asked to give evidence. Prisoner left the piping, saying he would call for it next day. I think this happened on the Thursday; I cannot say for certain whether it was Wednesday or Thursday. I know it was on the same day that he was arrested. I know the time because it was after dinner that he came, and I had my dinner rather late that day. I have known prisoner about eight years.
A conviction on December 7, 1911, was proved, when prisoner was bound over for 12 months. Having then pleaded guilty to larceny, it was stated that an indictment charging him with an assault on a woman was not proceeded with. He was a hard working man.
Sentence: Two months' imprisonment, second division, Judge Rentoul stating that he was not taking into account that prisoner was now under probation.
CASES POSTPONED: COHEN, Arthur; ELLIS, Thomas.
BILLS IGNORED: MARKEWITZ, Solomon; RUSBY, Albert.