Vol. CLVII.] [Part 936
CENTRAL CRIMINAL COURT
HELD SEPT. 10TH, 1912, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
OF THE MIDDLE TEMPLE
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED,
10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, September 10th, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CROSBY, M.D, LORD MAYOR of the said City of London; the Hon. Sir CHARLES MONTAGUE LUSH , one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir JOHN JAMES BADDELEY , Bart.; Sir WALTER VAUGHAN MORGAN , Bart.; Sir JOHN KNILL , Bart.; Sir CHARLES CHEERS WAKEFIELD, Bart.; and EDWARD ERNEST COOPER , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His, Honour Judge LUMLEY SMITH , K.C., Commissioner; and His Honour Judge RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, September 10.)
WILSON, George (40, postman) pleaded guilty , guilty of stealing a postal packet containing 18s. and four penny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been in the service of the Post Office for 22 years.
Sentence: Nine months' hard labour.
SNELL, Ernest Benjamin (41, assistant head postman) , stealing a postal packet containing £1 1s. 3d. and six halfpenny postage stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office; stealing a postal packet containing 9s. and four penny postage stamps, the property of His Majesty's PostmasterGeneral, he being an officer of the Post Office.
Prisoner had been 27 years in the Post Office and was in receipt of £2 10s. a week. His downfall was attributed to his having got into the hands of moneylenders.
Sentence: Nine months' hard labour.
DICKINSON, George William (37, auxiliary postman and boot repairer) pleaded guilty , of stealing a postal packet containing postal orders for 9s., 5s., and 2s. 6d. respectively, and two postage penny stamps, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Prisoner had been in receipt of 13s. a week for four hours a day.
Evidence was called as to his previous good character.
Sentence: Eight months' hard labour.
ROBERTSON, John William (21, engineer) pleaded guilty, of stealing one bag, a quantity of clothing and other articles, the goods of William Strangman Taylor ; stealing one bag, a quantity of clothing and other articles, the goods of Ivy Dorothy Sutherns .
The offences were thefts of luggage from railway stations. There were five warrants against prisoner for larcenies of articles belonging to fellow-guests at different lodging-houses where he had been staying
since last March, and for forging a cheque. The prisoner desired these to be dealt with in the sentence. He was stated to have respectable parents and to have had every chance.
Sentence: Eighteen months' hard labour on each count, to run concurrently; the Recorder remarking that the next time he was convicted of an offence prisoner would be sentenced to penal servitude.
Prisoner confessed to a previous conviction of felony at the Newington Sessions on April 27, 1908. Since his release in February, 1910, he had from time to time done honest work. Three previous convictions were proved. Prisoner ascribed his lapse to poverty, resulting from his not being able to get work.
Sentence: Six months' hard labour.
IRONSIDE, Henry Briscoe (26, clerk) pleaded guilty , of obtaining by false pretences from Arthur Price a cheque for £80, from Frederick Ingram Ford cheques for £105, £70, and £270 respectively, from John Maitland Taylor a cheque for £50 and a promissory note for £50, and from Stanley Hartridge a banker's draft for £100, in each case with intent to defraud.
It was stated (September 11) that prisoner, who was exceedingly well connected and had hitherto borne an excellent character, on falsely representing that he was an agent for the Fiat Motor-car Company, had obtained the several sums of money on account of the purchase price of cars which were never delivered; other sums he had obtained as deposits from prospective employers in a business which was nonexistent. A further warrant had been obtained for his obtaining £50 by false pretences; this prisoner desired to be taken into account in his sentence. It was urged on his behalf that since he had been in prison, which was last June, he had come into a sum of money which he had devoted to repaying people he had defrauded, each receiving about a third of their moneys, and to defraying in part the costs of, the prosecution.
Prisoner was released on his own recognisances in £100 to come up for judgment if called upon.
DARBY(40, grinder), HARDEN, Charles William James (27, auxiliary postman), and AMBROSE, Walter (26, auxiliary postman) , all conspiring and agreeing together and with other persons to obtain by false pretences from Thomas Campbell his moneys, with intent to defraud; all attempting to obtain by false pretences from the said T. Campbell £6 5s. 1d., upon and by virtue of certain forged instruments, with intent to defraud; all feloniously endeavouring to obtain from the said T. Campbell £2 13s. 5d., upon and by virtue of a certain forged instrument, with intent to defraud; all obtaining by false pretences from the said T. Campbell £2 13s. 9d., upon and by virtue of a certain forged instrument, with intent to defraud. Darby and Ambrose, attempting to obtain by false pretences from the said T. Campbell £2 15s. 6d.
Darby and Ambrose pleaded guilty to the indictments relating to the sum of £ 2 15s. 6d. and Darby, in addition, to the indictment relating to the sum of £2 13s. 5d. These pleas were accepted by the prosecution.
Evidence was called as to the previous good character of Ambrose. Darby was given a good character.
Sentences: Darby, six months' hard labour; Ambrose, nine months' hard labour.
(Wednesday, September 11.)
Harden was now tried upon the conspiracy indictment.
Mr. Forster Boulton prosecuted; Mr. Tully-Christie defended.
WILLIAM EDWARD STRATFORD , clerk, Investigation Branch G.P.O. On July 30 Ambrose made a statement to me with regard to some betting transactions, which I took down in writing and which he signed. I subsequently read it to prisoner and showed him the documents referred to therein. (Ambrose's statement read: That about three weeks ago, on his calling on Darby, Darby suggested the getting of letters through with the two o'clock postmark on them, that falling in with the suggestion he the next morning obtained from Ferry, a postman, an envelope with the 1.45 postmark on it, which he gave to Darby; that Darby addressed the envelope and in a urinal enclosed the betting slip with the known winning horse; that, having been handed this envelope now closed, he gave it at 4 p.m. to prisoner, who took it into the office; that the same methods had been adopted with the letters of July 19, July 23, and July 30; that he had had half the winnings as the result of these four letters and had given prisoner 1s. for taking them in.) On being cautioned prisoner made this statement, which I took down in writing: What Ambrose says is right. I have put those letters through—just those three. Ambrose said to me, 'Will, will you put a letter through for me?' I said, 'I don't like to chance it, Wally.' He said, 'That will be all right, Will.' We were on G.P. when it was mentioned. I thought it was a betting letter he meant. On Tuesday, July 16, I saw Ambrose in the urinal just as I jumped off the tram. That was a little after four. He gave me a letter and I saw it had a postmark. I put it into my pocket and walked into the sorting office. I put the letter on the sorting table with other letters. The same thing happened with those other letters (pointing to letters of July 19 and 23). I met Ambrose soon after in New Road, near the Ordnance public-house, last Tuesday, July 23. He gave me the letter and I put it in my pocket. I saw the postmark on the letter. I took it out when I got inside the sorting office and put it on the table just as before. One day last week Ambrose gave me a shilling for putting the letters through; at least, I guessed that was what it was for. I did not know Darby at all. He signed the statement. I suspended him and
reported the matter. A fortnight later he, with Ambrose and Darby, was arrested.
Cross-examined. I did not suspend Ferry because I came to the conclusion that he had no guilty knowledge; I thought he was "soft" and did not know what he was doing in forging these date stamps. Prisoner has been four years in the Post Office and has a very good record; he works four hours a day and has employment as a coachman, where he has also a good record.
Cross-examined. The only charge against prisoner is that he is alleged to have placed some letters on the sorting table.
THOMAS CAMPBELL , bookmaker, 73, Earl Street, Plumstead. About 3.50 p.m. on July 23 I was in the vicinity of Beresford Square when I saw Ambrose, not in uniform, meet prisoner, who was near the sorting office. They spoke to each other and then went to a lavatory. Ambrose went down while prisoner remained on top. After a minute Ambrose rejoined prisoner and handed him something white, resembling an envelope. They separated, prisoner going into the sorting office. I had seen them together previously, on July 19 at about 3.50 p.m.; they met outside the sorting office. Ambrose gave prisoner something white and prisoner went into the sorting office. On that day I had made a bet with Darby by this slip (Exhibit 6) enclosed in this envelope stamped with the 2 p.m. postmark, before the race was run. I would get the result of the race at about 3.30. I actually received the bet at 5.30. Darby won and I lost £2 13s. 5d. On July 23, at 5.30 p.m. I received this envelope (Exhibit 7), bearing a 1.45 p.m. stamp, containing a betting slip. As the result of the bet I lost £2 13s. 9d. In consequence of there being an impression of the date stamp on the back of the envelope and none on the slip enclosed I became suspicious and communicated with the Woolwich Post Office.
To the Court. On July 19 I paid Darby, through his agent, £2 13s. 5d. and on July 23 £2 13s. 9d.
Cross-examined. I knew Ambrose as a postman and I became suspicious of him because I found him to be a friend of my client, Darby.
FREDERICK CHARLES NUNN , inspector of postmen, Woolwich Post Office. Prisoner is an auxiliary postman. Exhibit 7, according to the postmark, should have been delivered at about 2.30 p.m. on July 23; the stamp is not a proper one for posting purposes. For the letter to reach at 5.30 p.m. it would have to be posted at 4.15. Prisoner came on duty at about 4.10 p.m. on that day. He also came on on the 19th in time for that delivery.
Detective ALBERT BLAKE, G.P.O. I arrested' prisoner on August 15. I read the warrant to him and he said, "Yes, sir, but I never had any of the money. I never knew what was going on to tell you the truth." When the charge was read over to him he said, "I had none of it. I had nothing to do with it, as I told the gentleman this afternoon. I did not have a happens."
Cross-examined. Throughout his life he has borne an honourable character.
Mr. Tully-Christie submitted that the evidence against prisoner, which consisted only of his own statement, was not sufficient to justify the case being left to the jury. The Recorder overruled the submission.
Verdict, Not guilty.
No evidence was offered on three other indictments against prisoner of feloniously demanding money by virtue of forged instruments, and a formal verdict of not guilty was entered.
BEFORE THE COMMON SERJEANT.
(Tuesday, September 10.)
LINDSAY, Donald (21, chauffeur). This prisoner pleaded guilty at the last Sessions (see page 442) under the Sale of Goods Act, 8.24, to an indictment charging that, being entrusted with certain property, to wit, two motor-cars, the goods of Thomas Ffrench, he unlawfully did fraudulently convert the same to his own use and benefit.
Mr. F. A. Broxholm now applied for a committal order against Rhys Davis and Watts for refusing to deliver the two cars under the order of restitution made by the Court. Affidavits of Thomas Ffrench and others were read.
Mr. Curtis Bennett produced correspondence and affidavits showing that the cars were entrusted to the prisoner for—the purposes of sale and that money had been spent by the purchasers in repairing them; the prisoner was not indicted for stealing the cars, in the first instance, but for having converted the proceeds, and although he had pleaded guilty to both counts, there was evidence to show that he had authority to dispose of them. (Archbold, p. 301.)
The Common Serjeant. The whole of this restitution order depends on the fact that there was the original felony of stealing from the person named in the indictment. Prisoner's plea of guilty cannot affect the real owner of the property, who is no party to the proceedings. The whole of Section 100 of the Larceny Act depends on the fact that the person from whom the goods are said to have been stolen is the owner. That seems to me to be here a real and not a sham question, and I ought not to make an order of committal, because the order of restitution may have been made under circumstances which would not vest the property. I cannot in a criminal court try whether the goods were the goods of Ffrench or whether for the purposes of sale they were the goods of Lindsay, or whether they belonged to somebody else; Lindsay's plea of guilty cannot affect the property. I shall not make any order of committal, because the fact which is the foundation of Section 100, is in bona fide dispute; that must be tried in a civil court. I do not know that I have power to make any order for costs, but I should not do so, because I cannot say which party is right or wrong. I leave the parties to fight out the question; the conviction of Lindsay, of course, standing, and being a fundamental part of the case for Colonel Ffrench. There is a question also whether the property, as it now exists, is the property as it was when stolen, a matter, again, which I do not try here. I decide nothing with regard to the property. The order for restitution stands; I leave the parties to fight out whether this court has any jurisdiction to make it.
Seven convictions for stealing, etc., one with a sentence of three years' penal servitude, were proved.
Sentence: Twelve months' hard labour.
BROWN, John (25, salesman) pleaded guilty , of feloniously possessing two moulds in and upon which impressed the obverse and reverse sides of a half-crown and florin respectively; unlawfully possessing counterfeit coin with intent to utter the same.
Two previous convictions were proved. On May 30, 1912, prisoner was charged at Southwark Police Court on a charge of uttering, which was dismissed. Prisoner handed up a statement in which he admitted his guilt with regard to that charge.
Sentence: Three years' penal servitude.
BEFORE THE RECORDER.
(Wednesday, September 11.)
Maguire confessed to a previous conviction of felony on September 28, 1911, at the Clerkenwell Police Court, and Courtney to a previous conviction of felony on July 18, 1910, at this court in the name of Sidney Trott. Three further convictions were proved against Maguire and six against Courtney. Courtney, who had been given a chance on his last conviction, was stated never to have done any work. Several of the offences charged against prisoners were those of stealing luggage from railway stations.
Sentences: Maguire, Four years' penal servitude; Courtney, Three years' penal servitude.
Prisoner confessed to a previous conviction of felony at the Old Street Police Court on April 16, 1912. Seven previous convictions dating from 1906 (four of them being in Ireland) were proved. Prisoner, an Irishman, was stated to have been a postman in Ireland from 1903 to 1904. He had also been employed as a boots; the account of his conduct in these capacities was satisfactory. He was now described as an expert housebreaker and thief. He was only released from his last sentence on July 1. Prisoner admittedly would do no work.
Sentence: Eighteen months' hard labour.
Prisoner confessed to a previous conviction of a crime at the London Sessions on December 5, 1911. A number of previous convictions were proved.
Sentence: Eighteen months' hard labour.
PATRICK, John (46, agent) , obtaining by false pretences from Sidney Flatau £20, the moneys of Annie Flatau, with intent to defraud; obtaining by false pretences from George Burness £15, the moneys of Roselyn Stewart, with intent to defraud.
Mr. Hardy prosecuted; Mr. Wells Thatcher defended.
SIDNEY FLATAU , manager to Annie Flatau, moneylender, 23, Conduit Street. In June last year I received this letter, signed "E. Hart "(Exhibit 5), and I sent a representative to 29, Charlwood Road, Putney. He returned, bringing this form (Exhibit 6). We wrote asking prisoner to call and he called, with his wife. I had then Exhibit 6 filled up; I say it is in the same handwriting as Exhibit 5. In reply to my questions he said he was the householder at his address, that all the furniture belonged to him, and that he was employed as a traveller, and he showed me two or three letters (Exhibit 4) from Tullis and Son, the firm in whose employ he said he was. (Exhibit 5 read: Asking witness to carry through a small loan and making an appointment.) (Exhibit 6 read: The writer stating his name to be Edward Hart; that he was a commercial traveller to Tullis and Co., with whom he had been 12 years and from whom he was in receipt of £200 a year; and that the furniture, value £2 Do, was his own property.) Qn the statement contained in the form I gave him a cheque for £20 and he and his wife signed a promissory note for £35, undertaking to pay £4 a month. I believed the letters from his firm to himself were genuine; the first one, dated March 17, 1899, states that they would engage him at £150 a year and commission, to be increased to £200 if he gave satisfaction. No instalments were paid and I served him with a writ, and subsequently gave evidence against him in these criminal proceedings.
(Saturday, September 14.)
S. FLATAU (recalled, cross-examined). On looking at Exhibits 5 and 6 now I should say they were in prisoner's wife's handwriting. The letter of March 17, 1899, is not addressed to anyone; I did not take it as a reference; I examined none of the letters carefully. I was relying partly on the statement that he was in that employment when I advanced the money. I did not deduct £I when he returned from the bank with the cash for my cheque. I have not had a farthing either as payment of principal or interest.
Miss REARDON. About two years ago I was living at 29, Charlwood Road, Putney, with my mother, who has since died; the house and the furniture belonged to her. It was let furnished about a year
ago; I was in Australia at the time. The furniture was stored and is still in store. I heard prisoner had been in the house about a month when I came back from Australia. I remember seeing him at 23, Margaret Street, but I cannot remember the year or the date. I have not seen the tenancy agreement. The house has been let unfurnished for the past six months; previous to then the furniture was there.
The Recorder remarked that this witness had not proved that prisoner had been a tenant of this house, her evidence being purely hearsay.
Mr. Hardy stated that he would rely on the other false pretences in this count.
ALEXANDER THOMPSON , of John Tullis and Son, Bridgend, Glasgow. I have been a member of the firm for 20 years; I do not know prisoner, and so far as I know he has never been in our employment. This letter of March 17, 1899, is on our firm's paper, but the other letters in Exhibit 4 are not; none of the signatures are ours.
Cross-examined. Nobody in our firm has ever corresponded with prisoner or his wife to my knowledge. The letter of 1899 is on an old invoice form of ours. All the people in our employ have access to our stationery.
GEORGE BURNESS , manager to Roselyn Stewart, moneylenders, Croydon. In June, in consequence of receiving this letter (produced), I sent an application form to 120, Elgin Crescent, which I received back filled in. I went to that address on the 25th, where I saw prisoner. I said to him, "You state on the application form that all the furniture is your own." I addressed him as "Daubarn," the name on the form. He said, "Yes, that is so. "(Letter read: Asking for a loan of about £15 for a very short period for domestic purposes, promising to repay at £1 a week, stating that he was a house-holder in a good position. Signed "Henry Daubarn." Application form read stating that he had been a commercial traveller for 11 years; business address, Lion Works, Bristol; income, £150: and that the furniture, value about £200, now on his premises, 120, Elgin Crescent, was absolutely his own property, free from encumbrances.) I asked him to show me a receipt for the furniture and he said, "I cannot do that. I have had the furniture for such a long time that I have lost the receipt." He came to the office by appointment, bringing with him the promissory note signed by his wife, and he signed it in my presence. I gave him an open cheque for £15; it has been paid. I should not have parted with the money had he not informed me that the furniture was his. No instalment was ever paid.
Cross-examined. I did not deduct 10s. 6d. for charges.
Mrs. MOIR. Till June 6 I lived at 120, Elgin Crescent, when I let it furnished to prisoner. He was ejected on July 22 for non-payment of rent. I produce the tenancy agreement; Mr. John Rogers carried out the letting. He paid three weeks' rent, but no more.
The furniture was mine.
Detective-sergeant JOHN FERRIER. On August 12 I arrested prisoner on other charges than this. On August 20 he was charged with these offences, and he said, "I admit getting the money, but not by false pretences. I have as much right to assume a trade name as a moneylender."
Cross-examined. I have heard he suffers from consumption.
Prisoner's statement before the Magistrate (as to the Roselyn Stewart indictment): "There was no false pretence made to the man in any way either as to my means or the amount of furniture we possessed. The instalment only became due during this unpleasantness, and I offered to pay the instalment as soon as I was liberated. I have the money and 'means to pay. "(As to the Flatau indictment.) "In the case of Flatau the Court has no jurisdiction, as their solicitors issued a writ for Annie Flatau in the High Court. Appearance was entered on September 22 and an address for service given at Mr. A. Drinkman, 2, Dean Street, Fetter Lane. The solicitors applied for and took judgment against the other party, but could not obtain judgment against me on account of appearance being entered. There was no false pretence whatever. When I took the house at 29, Charlwood Road, there was a large garage let to me at the same time. In this garage my wife stored her furniture, about £300 to £500 worth. This furniture was granted to my wife on an interpleader brought in the High Court of Justice in Park v. Lumley, so the statement about the furniture was quite correct. The man Flatau was never at any time inside Mrs. Reardon's house."
JOHN PATRICK (prisoner on oath), repeated in effect what he had said before the magistrate, and added that he was a manufacturer's textile agent; that as to the Flatau indictment, he had borrowed the £20 for doing up 19, Charlwood Road, which he had taken for three years a* a yearly tenant; that the previous tenants had only left a small quantity of furniture, for which he paid a yearly rental of £10; that the great bulk of the furniture, worth up to £500, was his wife's;, that he had paid every penny of rent due; that his wife had paid £4 6s. to Flatau as an instalment and bonus; that Flatau issuing a writ for £35 he had refused to pay since the arrangement had bean that he should only pay £7 interest; and that the never gave him any letters relating to Tullis and Co., and did not know how they came into his (Flatau's) possession. As to. the Roselyn Stewart indictment, he stated that he had taken 120, Elgin Crescent, from a Miss Rogers, a sub-tenant, to whom he had paid the rent; that he had furnished the house with his own furniture, worth £250; that after being three weeks in possession he found, amongst other liabilities, there was £15 owing by Miss Rogers to the superior landlord; that this he had promised Miss Rogers to pay on her undertaking to move out what furniture she had and leave him in entire possession, and had obtained that sum from Roselyn Stewart for the purpose of doing so, but before he could
do so the brokers had taken possession and he had to move out with his furniture; that he knew nothing of Mrs. Moir in the matter; that the instalment to Roselyn Stewart only became due since he was in prison, and that since he was five years old he had been in receipt of £200 a year.
Cross-examined. I did not write or sign Exhibit 5 or Exhibit 6, and I am not here to say who did. I never saw Exhibit 6 filled up; I never saw it at all. I told Flatau that all the furniture in use at Charlwood Road, Putney, was our own property, which was true; it was my wife's. In addition, I had bought £92 worth of furniture from the Highbury Furnishing Company, for which I had paid. There was furniture at 120, Elgin Crescent, to the value of £l, 000, of which £250 worth belonged to us, the rest 'belonging to Miss Rogers and Mrs. Moir. In addition to my wife's I had also bought furniture from the Hackney Furnishing Company, and I daresay the receipts for this could be found. Burness never asked me for receipts at all. I never told Flatau that I was employed by Tullis and Son; I had never heard of them.
Prisoner confessed to a previous conviction of felony at the Newington Sessions on February 15, 1910, when he was sentenced to seven months' imprisonment in the second division for larceny; while undergoing the sentence he was sentenced to a further four months for false pretences—It was stated that prisoner's practice since 1908 had been to rent furnished houses, to obtain loans from money-lenders on representing that the furniture was his own property; when ejected for nonpayment of rent goods to a considerable value were always found missing. He was stated to be in an advanced state of consumption.
Sentence: Eighteen months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, September 11.)
Mr. Beaumont Morice prosecuted.
GEORGE STECKHAHN . I am assistant to my father, Robert Steckhahn, hairdresser, 29, Praed Street, Paddington. On the morning of July 23 prisoner bought a 2d. nail-brush, tendering half-crown (produced) in payment. I gave him 2s. 4d. change. On July 31 I was called into the shop, where I saw prisoner. In the presence of prisoner I told my father he was the man who tendered a counterfeit half-crown on July 23.
Cross-examined by the prisoner. When you came into the shop on July 31 my father asked me if that was the man whom I had served a week before; at first I said I did not know, and then I said it was you. My father asked my younger brother if you were the boy who had come
in a week before. My younger brother did not say that you looked something like it, but he could not tell; he said you were the boy before he was asked.
ROBERT STECKHAHN , father of the last witness. At 9 30 p.m. on July 23 I cleared the till in my shop and found counterfeit half-crown (produced). I had been out of the shop in the morning. On July 31 prisoner bought a penny stud, tendering counterfeit half-crown (produced) in payment. I asked him if he had any more like it; he said that was all the money he had. I called the last witness info the shop, and asked him if he had seen prisoner before. He hesitated for a moment, and then he said, "That is the one that bought a 2d. nailbrush" Prisoner said my son was a liar. I told prisoner I should send for a policeman. Prisoner replied that he did not care if I sent for a policeman I then gave him into custody.
To prisoner. George did not say he did not know if you had come in before. The policeman asked you where you got the half-crown from. You said you had got it in change for half a sovereign, but that you did not know where you got it.
Police-cons table JOHN MACINTOSH, 190 F. On July 31, at 12.30 noon, I was called to 29, Praed Street, where the prisoner was given into my custody for uttering a counterfeit half-crown. Prisoner said he got it in exchange for half a quid, which he got at the docks. I searched prisoner, and found on him only two collar studs.
JACK MARKS (prisoner, not on oath). On July 31 I had this half-crown given me in change for half a sovereign; going down Edgware Road I bought the stud, and they charged me with counterfeit coin. I did not know the meaning of the words "counterfeit coin." I did not utter the previous coin.
Verdict, Not guilty.
Mr. Beaumont Morice prosecuted.
CLARA WHITEHEAD , barmaid, "Crown Hotel," 55, New Oxford Street. On August 28, shortly after 8 p.m., Martin came into the bar in company with three other men. One of them bought four drinks, price 5d., for which he tendered a half-crown. When they had had those drinks they called for more drinks, for which they paid in coppers. They drank that rather quickly; Martin then purchased a penny packet of cigarettes, for which he tendered half-crown (produced.) I then took both half-crowns to the head harm aid, Miss Godwin. She tested and broke both of them. The other three bad left the bar while I was serving Martin with cigarettes. I said to Miss Godwin, in the presence of Martin, "This man has given we one of these half-crowns and his friends have given me the other." Martin said, "Friends—I have got no friends; I do not know you mean; I want the change of half-a-crown."
ALICE GODWIN , head barmaid, "Crown Hotel." On August 28, at about 8 15 p.m., the two prisoners came in with two other men and were served by Mrs. White-head, who afterwards brought me two half-crowns (produced), which I tested and found to be bad. Mrs. White-head said to me, in the presence of Margin, who was then by himself, "This man and his friends have given me two bad half-crowns, and they owe me 2s. Id." I asked Martin how many more bad half-crowns they had got on them. He said, "What do you mean?" I said, "Well, you owe me 2s. Id., and if you do not give it to me I shall send for the police." Martin said, "Send for the police, I do not care." I sent for the police; Martin then went out, but was brought back by an officer. On August 31 at Bow Street Police Station I picked Kemble out from among nine other men.
Police-constable JAMES BULL, 35 DR. At 8.15 p.m. on August 28 I was called into the "Crown" public house; I found Martin at the corner of New Oxford Street, about 70 yards from the public-house. I told him he was accused of passing bad money at the public-house; he said, "What are you talking about?" I took him hack to the public-house, where Mrs. Whitehead told me, in Martin's presence, that he had passed a bad half-crown, handing me two half-crowns (produced). Martin said, "Yes, I gave you one, I called for a packet of cigarettes, and I had no change, I had nothing to do with the other men." When charged at the station he made no reply. He was searched; no money was found on him.
Cross-examined by Martin. The potman of the public-house was not talking to you when I came up and arrested you; the potman was with me.
Detective-sergeant BOWDEN. On August 30 at about 9.15 p.m. I was in the Kingsland Road with Police constable Tanner, when I saw Kemble; I told him we were police officers, and that—he answered the description of one of the men wanted for being concerned with George Martin, whose correct name was Tom Bryan, in custody for uttering counterfeit 2s. 6d. pieces at the "Crown Hotel," 55, New Oxford Street, on the night of August 29, and that I should take him into custody. He said, "I do not know what you are talking about; I know Tom Bryan, I have often been in his company, but you have got to prove that I was with him when he done it." On the way to Bow Street Police Station he said, "I know I have got some rotten pals, some one has put me away." He was put up for identification on August 31 and again on September 5. He was picked out at once on August 31; before he was put up on September 5 he said, "There is no need to put me up for identification, I admit I was there." 5,
Detective EDWARD TANNER, G Division. I know both prisoners by sight. On August 28 shortly after 4 p.m. I saw prisoners with two others in Pitfield Street, Shoreditch, going in the direction of city Road. (Witness corroborated Bowden concerning the arrest of Kemble.)
GEORGE MARTIN (prisoner, on oath). At 6.30 p.m. on August 28 I left my house in crondall Street, Hoxton, to meet my wife. I reached the shop in which she works at about 7.15. She finishes about eight. Not washing to wait there I went for a stroll; as I was going along I met Kemble. He said, "If you have got half an hour to spare you can come with me if you like." We were walking along when we met two other men and stood talking together. They asked us to have a drink. We went into the "Crown" public house, and one of them called for drinks for all of us. We sat there talking a little while, and then the other two men called for drinks. I then asked one of them for a cigarette; he said he had not got any, but putting his hand in his pocket, he gave me half-a-crown, and said, "You had better call for a packet." As I called for the cigarettes all three of them walked outside. I paid for the cigarettes with the half-crown. The barmaid went away for a little while and returned with the other barmaid, who told me it was bad. I said, "I do not know anything about it, I have only just had it given to me." She said, "They are both bad, and if you do not give me 2s. I shall have to send for the police." I said, "You had better send for the police then, I have not got any more money." She then sent for the police. I stepped outside because I thought the man that had given it to me would be waiting outside for me. When I got out there I found all three of them had gone. Then the potman came up and spoke to me, and while I was talking there the policeman come along, and I went back inside and was arrested.
Cross-examined. I did not say to the barmaid, "Friends; I have got no friends." These three men were friends of mine. I might nave been in the company of Kemble during the afternoon; I cannot remember. If I was with two other men, I do not think they would be the same men as we were with in the "Crown" public-house.
JAMES KEMBLE (prisoner, on oath). I stayed indoors all the afternoon of August 28, except that I went out for a short time to get something. Between six and seven in the evening I started to go to the shop of Mr. Sabbett in Soho Square, Oxford Street, to inquire about a job he had promised me on the next day. Just before I got to Oxford Street I met Martin, and asked him to come with me. In New Oxford street we met two men, who asked us to have a drink, and we went into the "Crown" public-house. After they had paid for two drinks for us I did not want any more, so I got up, and I said, "Well, I must get off," walked out. I turned round and noticed the other two who had walked out before me had gone, and thinking Martin was with them I went home.
Cross-examined. I know Martin and the other two men; I had not been with them earlier that afternoon. I did not notice martin asking for cigarettes.
Verdict (both), Guilty.
Martin confessed to having been convicted at Winchester Assizes on June 24, 1911, of unlawful possession of 113 counterfeit florins, receiving 12 months' hard labour. Kemble confessed to having been convicted at Canterbury Quarter Sessions on October 17, 1911, of unlawful possession of 15 counterfeit florins, and having on the same day uttered a counterfeit florin, receiving six months' and six months' hard labour, concurrent; six convictions for offences other than coining offences were proved against Martin, and three against Kemble.
Sentences: Martin, Fifteen months' hard labour; Kemble, Twelve months' hard labour.
Mr. H. T. Hewett prosecuted.
VIOLET KNOWLES . On July 15 I asked prisoner, who was living with me at 19, Sirdar Road, Notting Dale, Kensington, to take in a telegraphic money order, which I was expecting, and take care of it for me, and I would give her something for doing so. I then went out. Ten shillings money order produced is payable for me, and is signed "Violet Knowles, her mark." I never received that order; I did not sign it with my mark, nor did I authorise anybody to do so on my behalf. I next saw prisoner on the next morning, Tuesday, July 16, at 11.30; she was asleep; I woke her, and asked her if she had received the telegram, and where the telegram was. She seemed very dazed and stupid; she looked round and handed me a piece of blank brown paper. I threw it down and said'it was no good. I asked her would she tell me the amount of the order. She said it was for 10s. I asked her how much money she had left. She said it would he all right, and searched under the pillows and the corners of her bed, but there was not a copper in the room. I then called in a policeman, and she was arrested. Prisoner was quite sober when I first told her about the money order; she was not sober when I woke her up next day.
ELSIE GWENDOLINE MINTER , clerk, Norland Square Post Office. On July 16, between 8 and 9 a.m., prisoner tendered money order produced, saying "Will you cash this for me?"I asked her what was the sender's name, and she replied correctly. I then asked her to sign it; she said she could not write, could she make her cross. I said "You are Violet Knowles?"She said "Yes." She then made her cross, I paid her the 10s., and she went away.
Detective DONALD MACMILLAN, F Division. On July 16, at about 8.30 p.m., I was at the Notting Dale Police Station when prisoner was brought in and charged with forging a telegraphic order. She said, "I will stand all the racket of it, I took the letter in, and I changed it this morning and spent the money; it is nothing to do with
Prisoner's statement before the Magistrate: "I am guilty of it; I was quite drunk, and remember nothing of it; I never signed the order."
Prisoner was stated to be addicted to drink, and to have been four times convicted of drunkenness.
Sentence: Three months' hard labour.
ATKINSON, Jack Tarr (17, porter), and ATKINSON, Florence (37). J. T. Atkinson stealing six pairs of sheets, the goods of Thomas Somerset and another, his masters. J. T. Atkinson stealing twenty pairs of sheets, the goods of Thomas Somerset and another, his masters. F. Atkinson feloniously, receiving twenty pairs of sheets, the goods of Thomas Somerset and another, well knowing them to have been stolen.
J. T. Atkinson pleaded guilty.
Mir. F. J. Green prosecuted.
Detective-constable HORACE PHEPPS, City. On August 13, at about 5.30 p.m., I was at 74, Aldermanbury, which is the back-door of Thomas Somerset And Co., linen manufacturers, when I saw J. T. Atkinson come out with two parcels produced. I followed him to the Bank Tube Station, where I missed him, and went straight to his home, where I found him at the door with has mother, the female prisoner. In the presence of the female prisoner I told him I was a police officer and was going to arrest him for stealing two parcels containing six pieces of sheeting. He said, "I have not stolen no parcels, I was going to deliver them." The female prisoner said, "If you had to deliver them then, Jack, why did you bring them home?"I then said, "I am going to search your premises." I searched, and in a basket in the first floor back bed room I found two parcels produced tied together, containing six parcels of new sheets. I took the male prisoner to Moor Lane Police Station, where he made a voluntary statement admitting his guilt, and stating that he told his mother they were samples which he could have. I read that statement to the female prisoner; she said, "I may as well own up, I have pledged with Butterfields, 40, Lower Kennington Lane, and with Matthews and Gentry, 125 and 127, Newington Butts, about 20 pairs in all, in the name of Florence Zetti." That was her name as a professional gymnast. In reply to the charge she said, "I did not know they were stolen property."
GEORGE POND , assistant to James Butterfield, pawnbroker, 40, Lower Kennington Lane. I produce sixteen pairs of bed sheets, value £5, pledged by the female prisoner between January 26 and March 19. there were fifteen separate pledgings. We advanced 4s. 6d. on each t pair, two pairs being on one occasion pledged together for 8s. y are all new.
on January 29 and February 2. The trade value is 6s. 6d. a pair, we advanced 4s. 6d. a pair.
GEORGE RILEY , manager to James Butterfield. On March 6 I personally took in pawn two pairs of sheets produced from the female prisoner for 4s. 6d. in the name of Jane Zetti. A fortnight afterwards she brought another pair to pledge. I asked her whose property they were. She said they were her own. I asked her where she got them from. She said she bought two pairs at the Bon Marche, Brixton, at a sale, and the other pair she bought at Gross Brothers, 332-344, Wal worth Road. I asked her if she could produce the receipts for them, she said she could. She went away and came back, and said she could not find them; her sister was. have put them in her hand-bag and gone away. She produced a rent book and a receipt book for a suit of boy's clothes which had been bought on the weekly instalment system. I refused to cake the sheets, and said they had not been washed; she said they had been washed. She said she would have to get them out again, as her husband being in the profession they were required for beds for professionals who came to London.
EARNEST WILLIAM CRUICKSHAW , warehouse porter to Somerset and Co. I identify twenty pairs of sheets produced as manufactured by my firm. The male prisoner came into the employment of my firm soon after January as errand boy delivering goods.
JAMES BLACK , London manager, Somerset and Co. The male prisoner was in our employment. We took stock in July, and found that a large number of sheets were missing; since then other sheets have been missing; up to August 13 we had lost 168 pairs.
F. Atkinson's statement before the Magistrate was read, in which she stated that she and the male prisoner were of good character, and that she did not know the goods were stolen.
The police seated that both prisoners were of good character. Sentences: Florence Atkinson, Twelve months' hard labour; Jack Tarr Atkinson, one month's hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 11.)
Nothing was known against prisoner. He said he was a farm labourer, and promised to go back to the country immediately. He had been in custody since July 18. Released on his own recognisances in £5 to come up for judgment if called upon.
HARDING, Frederick (22, barman) . Forgery and uttering, knowing the same to be forged, a certain order for the payment of £8 14s., with intent to defraud; feloniously altering an order for the payment of £8 14s. so as to make it appear to be an order for the payment of £80 14s., land uttering the same, with intent to defraud.
Prisoner pleaded guilty of uttering the order, knowing it to be forged; this plea was accepted. Prisoner declared that a man had promised him £2 to go to the bank and try to cash the cheque while the other man waited outside; this story was believed by the prosecution to be true. Prisoner had hitherto borne a good character. He was released on his own recognisances those and of his mother in £20 each to come up for judgment if called upon.
Prisoner was first tried for the larceny.
ALICE RIXON , widow. I first met prisoner on January 26. In July he was about to open a cafe at 11, Blackfriars Road; it was arranged between us that I should go there to manage the place, I having my "board and lodging free, and when the shop was opened a share of the profits. I gave him £10 towards paying for the lease of the house and I had my furniture in there at the end of June. I myself went there on July 12. On July 24 I saw a disgusting thing happen between prisoner and a man named McDowell, and I at once left the house On the 26th I called to arrange to have my furniture removed; prisoner refused to give it up and ordered me to leave the shop. The next day I was passing a furniture shop in Walworth Road, when I saw in the window some of my furniture. I went to Tower Bridge Police Court and made an application for prisoner to deliver up my goods. The magistrate asked me why I had left the place j I told him of the indecent act that I had teen and a warrant was then issued for the arrest of prisoner upon that charge; he, was also brought up and committed upon the present charge.
Cross-examined. I first met prisoner at the "Artichoke" public-house in Newington Causeway; we both stayed there that night. After that on one or two occasions he stayed at my flat. I deny that impropriety ever took place between us. It is untrue that he paid or lent me money; I never had any money from him. We were on friendly terms. He asked me to marry him. When he took the house 11, Blackfriars Road I wrote a character for him; I did that at his instigation. It is not true that I went to Epsom races with prisoner; I have never been to a race in my life. I did not tell prisoner that I had £300 and would finance him in the cafe business. I never empowered prisoner to sell my furniture as his.
GEORGE COOLEY , furniture dealer. On July 26 prisoner came to my shop in Walworth Road and asked if I would buy some furniture. I went to his house, 11, Blackfriars Road, and inspected some furniture and ultimately agreed to buy it of him for £3 15s. I paid him that amount and removed the goods: he told me that they were his property and that he had no further use for them.
Detective-sergeant HARRY RIDDEFORD, L. Division, said that when arrested on this charge prisoner said, "We will see."
JAMES MOVERLEY (prisoner, on oath). I first met prosecutrix on January 26 at the "Artichoke." We both became the worst' for drink and stayed there that night. Next day she asked me to go with her to her flat: I went and stayed there live weeks. We lived together as man and wife on the money I had. She told me that she had rent owing and I lent her £5 to pay her way and get her rings out of pawn. It was at her suggestion that I took the shop, 11, Blackfriars Road. Altogether, I have given prosecutrix £15 and have had £4 back. She asked me to marry her and I refused. On July 24 she laid my supper and then went out: she took £22 of my money with her. She did not come to see me the next clay as she says; I did not see her again until after my arrest on this charge. The things I sold to Cooley were given to me by the prosecutrix. The remainder of her furniture was still in the house at the time I was arrested. It is untrue that prosecutrix lent or gave me any money; she had not got a penny.
Cross-examined. Her story about my committing indecency with McDowell is all got up against me. It is untrue that she called on July 26 and asked me for her furniture: if she called she never saw me. I have been in trouble before this; I have been had up for drinking.
Verdict, Not guilty.
Prisoner was then tried on the indictment for indecency.
Verdict, Not guilty.
Prisoner was released on her own recognisances.
KOSS, Joseph (19, jeweller's assistant), MATTHEWS, Benjamin (19, clerk), CONICK, Abraham (19, student), and LAVENDOFSKY, Benjamin (19, student) pleaded guilty of conspiring and agreeing together by false pretences to cheat and defraud such liege subjects of His Majesty the King as should apply to the Colonial Supply Association for a situation; obtaining by false pretences from Henry Walter Tooke a postal order for 1s. from Walter Croft a postal order for 2s. 6d., and from George Washington Allen a postal order for 2s. 6d., in each case with intent to defraud.
The frauds in this case were of the class known as employment frauds, the only unusual feature being that the prisoners were apparently respectable young men, in comfortable circumstances.
(September 17.) £25 was now handed to the Court to be applied in compensating the persons who had been defrauded, any balance to go in part payment of the costs of the prosecution. Prisoners were released on their own recognisances in £5 each to come up for judgment if called upon.
Proof was given of prisoner's original marriage on November 19, 1904, and that the wife was now alive.
Sergeant ALEX. METHUEN, L Division, said that, speaking to him at the back of the police-court, prisoner said, "I have made a great fool of myself by doing this. I suppose I have broken the woman's heart. I have deceived her all through. I was married at 2.30; went home; had tea; went out to go to a theatre, and on getting off a tram I run into my wife."
Prisoner denied the accuracy of this. What the officer said was, "I suppose you have deceived the girl," and before prisoner could reply went on, "Oh, you are too cunning to answer."
Prisoner (not on oath) declared that prosecutrix had agreed to live with him, knowing that he was a married man living apart from his wife. Prosecutrix, recalled, denied this. Verdict, Guilty.
In 1908 prisoner was sentenced to three months' hard labour for neglecting his wife and children; he had been moSt cruel to his wife while he lived with her.
Sentence: Six weeks' hard labour.
Sergeant JOSEPH BROADHURST. On August 2 about 1.20 p.m. I was in Brewer Street, Soho, with Sergeant Squire. I saw King walking hurriedly; he dropped a very heavy roll of cloth in a doorway; almost simultaneously he was joined by Wallace; after a short talk Wallace left and hailed a taxi-cab; the roll was put into the cab. I rushed across and said to King, "What have you got there "; he said, "Who the b—h—are you?"I said we were police officers; he said, "Find out." He became very violent and we had to pin him down in the cab. Wallace said nothing. At the station in reply to the charge King said, "I did not steal it "; Wallace made no reply.
Sergeant CHARLES SQUIRE corroborated.
JAMES KING (prisoner, on oath) admitted that he had possession of the cloth, but said that it was Wallace who stole it. Wallace gave it to him and asked him to carry it. After going a little way he had to drop the roll, as it was so heavy; then Wallace, who had been following behind, came up and said he would fetch a taxi. He did so, and King simply helped to put the cloth into the cab.
To Wallace. I have known you for six months. I admit that I have done several terms of imprisonment.
To the Court. I admit receiving the property knowing it to be stolen.
FRANK WALLACE (prisoner, not on oath) said that he was a stranger in London, and had been out of work. On this day he was walking about ready to earn a few coppers to get a meal. He saw King carrying a roll of cloth; King asked him to get a taxi and he did so. King was a perfect stranger to him.
King confessed to a conviction at this court on January 11, 1904, in the name of John Williams. A number of other convictions were proved, the earliest being in 1863; (it was stated that he was born in 1856); since his last discharge in January he had been endeavouring to get some honest livelihood, and for that reason was not indicted for being a habitual criminal. As to Wallace, an officer stated that he had only been in this country a few months; it was believed that he came from South Africa; there were no convictions against him here. The two prisoners had been living in a lodging-house in Seven Dials for some weeks.
Sentences: King, Three years' penal servitude; Wallace, Twelve months' hard labour.
BEFORE MR. JUSTICE LUSH.
(Thursday, September 12.)
The deceased persons were run over by a governess cart driven by the accused. The charge was dismissed by the magistrate at the police court. A bill for manslaughter had been presented here and ignored by the grand jury.
Mr. Graham-Campbell, for the prosecution, offered no evidence upon the inquisitions, it appearing that prisoner was quite sober at the time, and the evidence as to the speed at which the vehicle was travelling being conflicting.
Verdict (by direction of has Lordship), Not guilty.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett and Mr. St. John Hutchinson defended.
The Grand Jury had thrown out the Bill for murder. Prisoner pleaded guilty to manslaughter, and by direction of his Lordship the jury found her Not guilty on the inquisition for murder, no evidence being offered by the prosecution.
Mr. Muir said that this could not be regarded as a slight case of manslaughter. The victim of the unlawful killing, Dolly Steer, was a young woman, 18 years of age, who bore a good character, and who, so far as the man in question was concerned and so far as the prisoner was concerned, was absolutely blameless. Prisoner, at a comparatively early date before the crime, had bought a dagger and some corrosive fluid, the suggestion being that she intended to use them on the man who was the cause of her trouble at this particular time. Steer, a dressmaker, made the acquaintance of a man named Theo Andrews, a violinist at a theatre in Islington, in 1910. They, however, quarrelled. Prisoner and Andrews met at a house in the City Road; subsequently he was a frequent visitor at her residence, and it appeared that he accepted presents in money and to a small) extent in kind from her. Later, Andrew's friendship with Steer was renewed, and he told prisoner that his relations with her must cease. Thereupon prisoner seemed to have resorted to every means to cause a breach between Steer and Andrews. On the early morning of July 16 prisoner saw them together, and a quarrel ensued between her and Andrews, in the course of which Andrews struck prisoner, knocking her down. She and Steer passed the night together, and in the morning prisoner killed Steer with the dagger. Prisoner said she first of all threw corrosive fluid into her eyes and then stabbed her, but according to medical evidence that was not accurate, as blood was on the body before corrosive fluid was thrown. A few days before prisoner had said that if she could not have Theo herself no one else should have him.
Mr. Curtis Bennett, on behalf of prisoner, said the case was particularly pathetic. She had no ill-feeling or cause for anger against Steer. Prisoner, a perfectly respectable girl, fell out of employment in September, and her father was also out of work. There were four younger children dependent upon her father. At 16 years of age she left home, and unfortunately became associated with a woman who took her to a room in the City Road. A man who was there wished to have relations with her, but she refused, whereupon she was laughed at and called a "Sunday school bread-and-butter Miss." She then consented. That man who seduced her afterwards borrowed money from her. There was also evidence of the ill-treatment of her during that time. Later on—in May—this man told the girl he would marry her if she became "straight." Extraordinary as it might seem, the prisoner loved the Man, and gave up the life she was living and supported herself on her sayings. The man, however, eventually wrote her a letter in which he said: "Dear Daisy,—I think it advisable not to resume our friendship again. I have been fortunate in winning the affections of a true, lovable girl." Counsel dwelt upon the anguish of mind experienced by the prisoner, who on one occasion tried to suffocate herself by turning on the gas in her room. On the night of July 16 the man struck prisoner twice, knocking her down, and according to her statement he kicked her while she was on the ground. At the time she committed the manslaughter prisoner's mind was dethroned by anguish, and she could not form an intent to kill.
Mr. Justice Lush said that if he had thought that prisoner had premeditated the death of Steer he should not have sanctioned the course which had been taken in the case. His view was that the prisoner, in a moment of anguish, committed this unlawful act against the girl, which was followed by consequences which she did not anticipate or realise. The conduct of the man whose name had been mentioned, if the facts mentioned were correct, was so bad that one could not help expressing a wish that he should to some extent be made answerable for the con sequences. But he had only to deal with the prisoner's case. Making all allowance for her youth and for the distressing circumstances he could not do less than sentence prisoner to Eighteen month's hard labour.
Mr. Bodkin and Mr. Travers Humphreys prosecuted; Mr. Curtis Bennett defended.
Sergeant ALEXANDER METHUEN, L Division. I was present at Lambeth Police Court on July 8, when in the presence of prisoner and his wife (the deceased woman) a Separation Order was made on the ground of prisoner's neglecting to provide reasonable maintenance for his wife. When I served the order upon him prisoner turned to his wife and asked her to come back to him; she replied, "What is the use, when you have no home."
Cross-examined. He seemed anxious that she should return to him.
Mrs. ALICE HAWKINS, 31, Mawbey Road, S.E. Deceased, my sister, was about 35 years old and had been married to prisoner 11 years; they had five children living; one had died; the eldest living is nine years old, die youngest seven months. In June my sister came to live with me, bringing her baby. On July 15 prisoner brought the other four children. On July 26 I was sitting in the front kitchen with my sister about 11.30 a.m. when prisoner called and I heard the conversation. Prisoner said, "I have got some news for you; I have got a good job to go to on Monday; my sister said. "That is no news; you are always getting good jobs "; he said, "Well, will you come back?"she said, "When you get a home." He ran at her and she called out to me to fetch a policeman. I ran out; as I returned she was running out of the street door, with her hair all over her face as if she had been struggling; she ran down the steps of the next door house, No. 29; I went up the steps of No. 27 and there heard a man say, "Come down here, there is a murder." I then went to No. 29, where I saw my sister lying in the area; there was blood about.
Cross-examined. When prisoner married my sister he was employed as a farrier by the London General Omnibus Company. About five years afterwards he had an accident in which he lest his right eye. He brought a claim for compensation against the company, which he lost. He has found it very difficult since the accident to get employment.
Medical evidence having been given that she was too ill to attend, the deposition was read of MARY HOLLIS. She said, "On this morning I was standing on my front doorstep (No. 29); I saw deceased run down the
steps of No. 31 and down my area steps; prisoner ran down after her with a knife in his hand. "(In summing-up his Lordship pointed out to the jury that counsel for the defence had not had the opportunity of cross-examining this witness.)
ESTHER SEARS , 39, Mawbey Road. On July 26 about 11.30 a.m. 1 saw deceased run from No. 31 into the area of No. 29 followed by prisoner, with a knife. I screamed and two men, Langridge and Reeves, went down the area and fetched prisoner up. On going down I saw deceased lying with her face downwards, bleeding from the mouth and nose. The knife prisoner had was similar to the one produced.
THOMAS JOHN LANGEIDGE , 40, Mawbey Road (opposite No. 29). On this morning hearing some screams I went across the road and down the area of No. 29. I there saw the deceased; prisoner was bending over her with a knife in his hand. I closed with him, saying, "Let's see what you have done "; he said, "I have done it: I meant, to do it, and if her mother had been here I would have done her the same." He made as if to cut his own throat, but I and Reeves got the knife out of his, hand.
Cross-examined. Prisoner appeared to be dazed.
JOHN REEVES , 29, Mawbey Road. Hearing screams I went down into my area. The woman was lying face downwards; prisoner was on top of her. There was a lot of blood about. I called to Langridge for assistance; he came, and we pulled prisoner away. Prisoner had the knife in his hand, and went to cut his "own throat; Langridge snatched at his arm, and I took the knife out of his hand. After we got him into the street, when his wife's mother came along, prisoner said, "I told you what I would do, and I have done it."
Mrs. KEIGHLEY. I live with my daughter, Mrs. Hawkins, at 31, Mawbey Road. Deceased was my daughter. About a fortnight after the separation order prisoner came and asked to see her; I told him she was out. He said, "Well, if she thinks she is doing this to get money out of me she is mistaken, for I would rather "—either "swing" or "go to the gallows "—"than I will ever pay her." That was on July 25. Prisoner remained walking up and down the road till after midnight. The next day I left home at 11.15. As I was coming back just before 12 I saw prisoner being held by some men; he tried to get at me; he held out his bloodstained hands towards me and said, "I have done her in; I am only sorry you were not there; I meant to have done you in too."
Police-constable SYDNEY SPENCER, 466 M, spoke to arresting prisoner. On the way to the station prisoner said, "Is she dead? It's her own fault; she would not stay with me; and all through her mother; I have had no food for three days."
Police-constable WILLIAM MARSHAM, 376 M, said that while prisoner was in detention at the station he said, "It is all through her mother and sister; they are the biggest liars on the face of the earth; I love my wife; it is the children I am thinking about." Later prisoner said, "I shaved myself with that knife this morning. I would have done her sister in as well if I could have seen her. I am
hungry. I did not know what I was doing. If she had come back to me this morning this would not have happened."
Detective-inspector FRANCIS CARLIN, M Division. I saw prisoner at the police station about 4 p.m. on July 26, and was examining him and his clothes, noting the marks of blood. As I did this he said, "What's the good of all this fuss, when I did it?"Later on I told him he would be charged with the wilful murder. He said, "All right; she drove me to it." In reply to the formal charge, he said, "I know I did it; I don't know what made me do it, I am sure."
Cross-examined. It is the fact that as the consequence of an accident about six years ago prisoner lost one eye, and he has been out of employment. Except for occasional drunkenness he is a man of good character.
DR. JOSEPH CHARLES MCHUGH . About noon on July 26 I went to the area of 29, Mawbey Road, and saw the body of deceased; she had been dead about two minutes. On the left side of the neck was a wound about 4 1/2 inches long and very deep. At the post mortem examination I found the wound had severed the jugular vein, an important branch of the carotid artery, the thyroid veins, and the windpipe. The injuries could have been caused by the knife produced.
REGINALD LARKIN , divisional surgeon, who was present at the postmortem examination, gave other details of the injuries. He added: About 4.40 p.m. on July 26 I examined prisoner at the station. Physically and mentally he was alert, but he was apparently callous and indifferent to his position. While I was examining the blood-stains he said, "What's the good of making all this fuss, when I did it?"I found bloodstains on his right hand and some trifling bruises on his right arm and hand.
FITZGERALD, John, otherwise John Peter Gerald Maurice Fitzgerald (27, described as a writer) pleaded guilty , of feloniously causing to be received, knowing the contents thereof, certain letters and documents demanding of Charles Stone with menaces and without reasonable and probable cause a cheque for £415; obtaining by false pretences from Charles Stone a cheque for £415 and the sum of £85, with intent to defraud.
Prisoner, representing that he was the son of Sir Maurice FitzGerald and was an officer of the Horse Guards, applied to prosecutor for a loan of £500. Prosecutor gave him a cheque for £415, where upon prisoner said he wanted cash. It being past banking hours, prosecutor gave the prisoner £85 in cash and a cheque for £415. Prisoner went away with the money and cheque, but the next day he admitted that he was not the son of Sir Maurice Fitz Gerald. When asked to give back the cheque and the £85 he wrote a letter to prosecutor saying that he had joined a powerful secret society at Naples, and that if any harm came to him the prosecutor, his partner, and his manager would all mysteriously disappear. When arrested outside the Foreign Office prisoner attempted to take poison. It was stated
that his real name was Wepener, and that he was born at Kimberley and served in the Boer War. He was the son of a diamond digger. He became attached to a religious body, who sent him to England. He enlisted, and when his regiment was ordered abroad he deserted. He was next heard of at Liverpool, where he sent telegrams to clergymen and others, and attempted to obtain money by saying he was stranded and hard up. He was sentenced at Liverpool to five months' imprisonment for obtaining money by fraud. In 1909 he stayed at a hotel at Bologna, and called himself Duke Albert of Albany Saxe Coburg and Gotha. He was sentenced to seven months' imprisonment and a fine of 140 lire for fraud on a hotel proprietor at Bologna, and further sentenced for similar frauds at Florence, He then went to Carlsbad, where he met a lady, who took an interest in him. He represented himself to be a journalist, and the lady sent him to Moscow to learn Russian. Subsequently he stayed at the Grosvenor Hotel, London, and at the Hotel Majestic, Paris, but did not pay his bills. The police described him as a typical adventurer. Sentence: Five years' penal servitude.
Prisoner pleaded guilty to the second count, and this plea was accepted by the prosecution.
Prisoner, who bore a good character as a workman, had disagreements with his wife and her mother (who lived with them). On July 20 he came home the worse for drink and attacked his wife with a knife, inflicting rather serious wounds.
Sentence was postponed till next session.
BEFORE THE RECORDER.
(Thursday, September 12.)
The allegations, which had been persisted in by prisoner for a long time, were now withdrawn by him as being absolutely groundless, and he expressed his regret for having made them.
Sentence: Fine of £20 and to pay the costs of the prosecution.
(September 17). Prisoner pleaded for the fine to be remitted, as he had no means to pay. The Recorder stated that his order must stand, but prisoner's release would be contingent only on his paving the fine imposed.
It appeared from the opening speech of the counsel prosecuting that prisoner had prior to the offence received a letter, ostensibly coming from her husband's sister, saying that he was dead, on the faith of which she had married again. This letter had, by his own admission, been written by the husband himself.
The Recorder, stating that the offence had not been made out, directed the jury to return a verdict of Not guilty.
RICHARD GIBBS , messenger. At 12.30 p.m. on August 12 I was delivering towels at 77a Queen Victoria Street. On returning to my tricycle I found a sack containing 139 dirty towels and dusters was missing from the top; they were marked with the initials of the company and the name of the customer. These (produced) are some of them. I reported it at the police station, and subsequently at the Mansion House Police Station identified about three dozen of the towels which were in the same sack.
ARTHUR SILVERMAN . I carry on business with others as the Toilet Cabinet Hire Company, at 131, Kingsland Road; we supply clean towels to office. These towels, marked with our initials, are our property. The value of the 139 was £5.
Cross-examined by prisoner. You are a stranger to me. Detective WILLIAM ADAMS, City Police. On August 21 I went to the premises of a Mr. Castle, a marine store dealer, 86, Long Lane. I saw prisoner, who was the manager, and told him that I had two men in custody for stealing flannelette, and they had informed me that he had bought it from them. He said, "I have not, but you are at liberty to search our premises." At the rear of the shop I saw the sack (produced), which contained 36 towels and dusters. I noticed they coincided with those reported to have been stolen, and I told prisoner they had been stolen from the City on August 12, and asked him how he accounted for the possession of them. He said, "I bought them off a Mr. Houghton in Carthusian Street in a quantity of white rags." I took him to the station. Mr. Houghton has been carrying on a respectable business in Carthusian Street for the past forty years.
To prisoner. The sack was not concealed in any way. I saw none of the towels in the window. I did not find the flannelette. On searching your apartments I found nothing in connection with this or any other charge.
CHARLES ALBERT BAKER (prisoner, on oath). I am shopman to Mr. A. Castle, and receive 25s. a week. A fellow employee, Lewis Castle (no relation to my employer) bought these towels. When I said to the detective that I had bought them from Mr. Houghton I was referring to the last lot of Tags that had been bought from him; I knew nothing of these towels until they were found.
Cross-examined. I manage the shop when my employer is not there. I have not the slightest idea as to how these towels came on the premises. When I or my employer is not there the other employee is in charge.
LEWIS CASTLE . I am a fellow-assistant to prisoner. On August 16 I was sent to Mr. Hough ton by him to buy a hundred weight of printer's rags. I brought them home in this sack (produced). I took them to the shop and sold half to a customer. I was decorating the window with the other half when at the bottom of the sack I found these towels and dusters. I left them there in the shop and never thought any more about them. I was there when the detective found it. I gave evidence at the police court.
Cross-examined. I went to Mr. Houghton empty-handed; I am sure the sack now produced is the same one that contained the rags. I did not put any of the towels in the window. I was going to ask prisoner, the manager, whether they were polisher's rags or printer's rags, but it slipped my mind. I told the detective in prisoner's hearing where I had got them from.
Verdict, Not guilty.
Prisoner pleaded guilty of unlawfully wounding, which plea was accepted by the prosecution.
It appeared that prisoner had drawn a knife across the throat of the mother of his fiancee, inflicting superficial wounds; he had been under the mistaken impression that she had interfered between his fiancee and himself. He bore an excellent character.
Prisoner was released on his own recognisances in £15 to come up for judgment if called upon.
CARTON, Sydney, otherwise Cohen, Solomon (23, tailor's cutter) , burglary in the dwelling-house of Francis Albert Basten and stealing therein a quantity of cigars and other articles, his goods; breaking and entering the counting-house of Charles Cockburn Marriott and stealing therein two brief bags and other articles, his goods; breaking and entering the warehouse of Julius Cohen and stealing therein seven coats find other articles, his goods; forging and uttering, knowing the same to be forged, certain orders for the payment of £3 5s., £2 and £2 5s., in each case with intent to defraud.
Prisoner pleaded guilty to the indictment relating to F. A. Basten and to the forging and uttering indictments. The plea was accepted by the prosecution.
Prisoner confessed to having been convicted of felony a, this Court on March 28, 1911, in the name of Solomon Cohen, and two other previous convictions were proved. He was stated to be suffering from consumption.
Sentence: Eighteen months' hard labour.
CHARLES WILLIAM HENRY OSBORNE , solicitor and Commissioner for Oaths, 78, Loadenhall Street This affidavit, dated April 25, was sworn before me by a person giving the name of Frederick George Pope. The signature was at the bottom before it was sworn.
ANDREW MCMASTER , clerk to Nicholls and Clarke, Limited, builders' merchants, 6, High Street, Shoreditch. Prisoner for about 18 months has bought goods from my firm, and we are one of his creditors. On April 22 we received notice of a meeting of his creditors to be held on the 23rd at the offices of Harnett and Co., solicitors, Jewry Street, Aldgate. I did not attend. On the "24th he called with a person whom he alleged to be his clerk, and said that he had placed his position before his creditors the previous day, and had offered a composition of 10s. They were mostly favourable, but insisted upon him producing £150 at an adjourned meeting in a week towards the necessary amount. He said it was quite impossible for him to raise it, and that the sheriff was in possession of his goods for a debt of £30, and they were to be moved either that or the following day. On his asking me for my advice I told him that if he wanted to save his goods he bad no alternative but to file his petition. He agreed to see our lawyer. He said that his own solicitor, Mr. Harnett, had that morning advised him that he would have to file his petition, and had asked for £10 for necessary fees. Prisoner informed me that he had told the solicitor that he had not got that amount, and the solicitor then suggested that £5 would be enough, but he had not got that, whereupon he had refused to file the petition. I then took him and his clerk to Mr. Budd, arriving there about midday. In his private room I briefly told Mr. Budd the circumstances as prisoner had told them to me, and asked him whether there was any alternative to prevent the goods being sold. He advised that there were only two courses open, either to pay off the sheriff or to file his petition; he agreed with Mr. Harnett. Prisoner told him that he could not raise the £150 or the £30; there was no further discussion as to that. He produced a balance-sheet to the end of 1911, which I bad previously seen, and eventually Budd agreed to file his petition without charge. I then came away, leaving prisoner with him. Prisoner never asked me for a loan of any amount at all, either on that or any other day, and I never suggested that I could raise £30 for him. In my presence he did not ask Mr. Budd for a loan. During the interval I never left the room with Mr. Budd.
Cross-examined. There was no discussion in Mr. Budd's office as to how he could raise the £30; prisoner simply said he could not raise it. I was there about half an hour. It was after Mr. Budd had seen the balance-sheet, which he said was very favourable, that prisoner decided to file his petition. Prisoner was very worried; it was very difficult to keep him to the point; he was disjointed, but I had no difficulty
myself in following him. I have an idea that Mr. Budd left the room to answer a telephone call.
Re-examined. What made the balance-sheet appear favourable was probably because it included debts due to prisoner, as to which litigation was then pending. I told Mr. Budd in his hearing that I had a very poor opinion of them. I understand they have not yet been collected.
FRANK BUDD , solicitor, 146, Bishopsgate, City. At 12.15 p.m. on April 24 the last witness brought prisoner and his clerk to me. (Witness corroborated previous witness's evidence as to this interview.) At 1 p.m., when prisoner had given me the necessary particulars I required for filing his petition, he left the office; Mr. MacMaster had left at about 12.45. I prepared the draft petition, and when prisoner returned as arranged at 2.5 I read it to him. When I came to his name and address he asked if the address of his clerk could not be inserted instead. I told him that was impossible. I finished reading it, and he signed and I attested it. There was no difference in his manner to what I had noticed before; his signature was a very good one. We then went to the Bankruptcy Court, getting there about 2.50. In his presence I filed his petition. A receiving order and an order for adjudication were made. I was given this document (Exhibit 2), which with prisoner I took to Mr. Watkins, an Examiner in Bankruptcy; I do not think prisoner read it. I gave Mr. Watkins the paper and asked him to take the necessary steps to prevent prisoner's good being sold that afternoon. He asked prisoner several questions. One of his answers was that he could pay £2 for every £1 he owed. I left prisoner with him. I told him nothing to induce him to believe that I was trying to raise a loan for his; he said nothing about it. I was subsequently served "with a copy of the notice that prisoner had applied to rescind the receiving order and adjudication, and also a copy of his affidavit in support. I filed an affidavit in reply. (Prisoner's affidavit, dated April 25, read, stating that being in temporary need of financial assistance he had called upon 'MT. MacMaster and applied for a loan of £30; tthat after discussing the situation Mr. MacMaster had requested him to come with him to see "our man," and that lie (accompanied by his clerk) went with him as he thought for the purpose of arranging the said loan; that he was introduced to Mr. Budd, who was made to understand his financial position, and he (Mr. Budd) and Mr. MacMaster then left the room; that on their return he, prisoner, agreed to leave the matter in Mr. Budd's hands, and went with him to a building in Chancery Lane and subsequently to a building he had since ascertained to be the Bankruptcy Court; that he believed that Mr. Budd could give him temporary accommodation; that there on being asked whether he could pay his debts he said he could pay £2 for every £1 he owed; that he showed his balance-sheet which he now produced; that he signed a paper Mr. Budd put before him, believing it to be some sort of security for the loan; that Mr. Budd had not allowed him to see, nor did he read the document he had signed; that on consuiting his own solicitors he was told that what he had signed was a
bankruptcy petition; that he had given no instructions for this to be done, nor had he paid him any sum for so doing; that his solicitors, Harnett and Co., had acted for him for the past two years, and had it been necessary for him to take legal proceedings as to his financial (position he would have consulted them; and that he now craved leave to withdraw the said petition.
Cross-examined. I do not remember all that took place at the interview. I did not examine the balance-sheet that prisoner showed to me; I do not know whether I said it was a favourable one or not; I should have no means of verifying the figures it contained; I knew that the sheriff was in for £30; Mr. MacMaster did not tell me that prisoner and he had discussed whether it was possible to find that sum or the £150.
EDGAR ALFRED WATKINS , Assistant Realisation Clerk, Official Receivers Department. On April 24 Mr. Budd brought prisoner to me at about 2.20 p.m. Mr. Budd told me in prisoner's hearing that he had filed prisoner's petition, and he handed me Exhibit 2. He said the matter was rather urgent, as the sheriff was in possession. I there upon asked prisoner a few questions, and made a note of his answers on the back of Exhibit 2. They then left. I arranged with prisoner to come back in half an hour, when I would take his preliminary examination. He returned, and I produce the notes of the examination (Exhibit 3) every page of which he initialled. (A number of questions and answers were read with a view to substantiating the allegation that prisoner knew the purpose for which he was answering the questions: the last answer read was, "I told my creditors yesterday that I was about to file my petition. ") The declaration he signed at the foot is, "I have carefully read over the foregoing questions and my answers thereto, which answers are true to the best of my knowledge, information and belief." The affidavit dated April 25 in support of an application to rescind the receiving order, was received by the Court; it was filed by his solicitors, Harnett and Co. On May 11, when the application was heard, it was ordered that it be dismissed and the costs of Mr. Budd be paid out of the estate; the application was abandoned by prisoner's solicitors; previously, on May 8, the affidavit of Mr. Budd and Mr. MacMaster were read, and the application was adjourned till the 11th to enable prisoner to consider the same; there were no answers filed.
Cross-examined. Prisoner answered the questions readily and willingly; on a subsequent occasion he came and altered one of the answers; this was before the first hearing.
Re-examined. It would not be right to say that he was so confused as not to know what he was doing.
JAMES TOLD , sheriff's officer. On April 18 I went into possession of the goods of F. G. Pope and Co., in respect of a debt of £33 18s. 6d. I remained about three weeks. I went out on account of a claim for rent. On April 26 I got notice of bankruptcy proceedings.
FREDERICK GEORGE POPE (prisoner, on oath). Since November, 1910, I have been in business on my own account as a builder, starting with a capital of £450. The business was fairly successful until I had some litigation with my foreman. I got into difficulties, and consulted my solicitors, Harnett and Co.; I saw Mr. Dalton, who I believe is the managing clerk; I have never seen Mr. Harnett; as far as I wag aware Dalton was a solicitor. We talked about having a meeting of my creditors, and subsequently I went to his office in response to a telephone call, and he told me he had called a meeting; I was astonished to see two of my creditors. This was about April 23. I was present at part of the meeting. They wanted me to find by the following Monday £150 to show that I could pay 10s. in the £1, but I said I could not do so in so short a time. On consulting Dalton he suggested my going to see my largest creditors, Nicholls and Clarke, who hid not up till then worried me. The sheriff was then in possession; Dalton knew this. I then went to Mr. MacMaster, with him to Mr. Budd, where I signed the bankruptcy petition, and then I went with Mr. Budd to the Bankruptcy Court. I there rang up Dalton, as I had promised to do. I told him I was air the Bankruptcy Court, and as far as I could understand about it I was being made a bankrupt. He asked me to come up at once, and I did so. I gave him a true account, of what had taken place. He said I had no business to do that, and that I was too well off to go bankrupt. He said that I had filed my petition, and I said I did not know the difference between filing my petition and becoming a bankrupt. He said they would have to come in now as ordinary creditors, and he asked me if I wanted to gat off. I told him yes, if I had done wrong. It was then 9 p.m., and be told me to see him early in the morning. I went there about 8.45 a.m. on April 25, and he said if I would leave it in his hands he could me it; I understood that he could collect the money and square the whole thing up. He then put this affidavit (April 25) already prepared before me, and I signed it. He did not read it to me and I did not read it myself; I trusted him; I did not know its contents. I also signed seven sheets, which I thought were making my debts over to him; he told me that; I did not read them. I was then taken over to Mr. Osborne, where I swore to the affidavit. I was subsequently told of, the affidavits which were filed in reply by Mr. Budd and Mr. MacMaster, but I did not read them. A considerable time after swearing my affidavit I learnt of its contents. On several occasions I went to the Bankruptcy Court with Dalton, but he only casually mentioned the affidavits that had been sworn in reply. I was not present when the application to rescind was made. If I had known of the contents of my affidavit I would not have sworn it. (To the Court.) I did not give Dalton the false information contained in the affidavit, and never authorised him to make the false statements.
Cross-examined. After leaving the Bankruptcy Court I was with Dalton at his office in Old Jewry nearly four hours, and he was bullying me all the time. I gave him full details of what had happened. No
document was prepared then. I cannot say if he took notes of what I said. I do not know what has become of him now; I have not seen him since this affair. When I saw him the following morning lie told me he had been up all night preparing the document. I had handed him the papers given me by the Official Receiver, so he had thy details as to the number of my bankruptcy. (Prisoner was taken categorically through the statements in the affidavit. He alleged that the false statements contained therein were invented by Dalton, such correct statements as there were being gleaned by him from information he (prisoner) had given him, and from his own knowledge of what he knew of his (prisoner's) affairs.) I cannot suggest why Dalton should have invented all the untrue statements. I did not read previous affidavits he had made for me for the (purpose of collecting debts; he has been acting as my solicitor for the past twelve months. I told my present, solicitor the nature of my defence. At the police court I was advised by him to reserve my defence, so I said nothing. I told my solicitor a good deal about it, and probably he knew about Dalton. Dalton told me that the object of the affidavit was to get the bankruptcy annulled. I cannot remember hearing him read it on the bearing of the application; I heard him make the application; I thought he was making a speech. I did not hear the affidavits in reply read. I have made no attempt to get Dalton here; I do not think my solicitor, Mr. Duboys, discussed with me whether we should take steps to have him here.
After the luncheon adjournmont prisoner withdrew his plea of not guilty, and pleaded guilty.
Mr. Muir stated that he had just been informed that prisoner himself had in Mr. Dalton's presence dictated the affidavit in the chambers of a barrister. Counsel had thought it right that Mr. Dalton should be informed of the allegations prisoner was making against him. Mr. Dalton was now present, but he did not desire to put him into the witness-box. The name of Arthur Otho Harnett, solicitor, 68, John Street, Bedford Row, appeared in the Law List. These proceedings were being laid before the Incorporated Law Society, and counsel asked for sentence to be postponed so that an opportunity should be had to verify the information which bad come to his knowledge as regards prisoner himself having dictated the affidavit.
The Recorder postponed sentence till next Session, stating that the case had "certainly assumed a very ugly aspect."
BEFORE THE COMMON SERJEANT.
(Thursday, September 12.)
Sentence: One day's imprisonment.
Prisoner confessed to having been convicted at Marlborough Street Police Court on July 9, 1909, receiving six months' hard labour, for stealing, in the name of William Bridgett, after a previous conviction on December 1, 1904, at Marlborough Street for stealing a jacket. He was stated to have been at work since his release in December, 1909. Sentence: Six months' hard labour.
CHILDS, Albert Charles (31, lighterman), HALLS, Arthur John (37, ship's clerk), and GILES, John Frederick (45, dock labourer) , all, together with divers other persons, unlawfully committing riot and assaulting Ben Larby.
Mr. St. John Morrow prosecuted; Mr. Eustace Fulton defended. Police-constable BENJAMIN LARBY, 80 K R. On July 3, at about 12.30 p.m., I was on duty in the Galleons Road, Woolwich, when I saw 60 or 80 men on strike, near the "Galleons Hotel." About 200 non-unionist labourers were having their mid-day meal in the "Galleons Hotel "; it would be common knowledge that they did so every day. Childs shouted, "Give it to the f—." There had been no disturbance; the effect of his words was that the strikers threw stones and bottles at the free labourers. I went to the back of the hotel, where I heard Halls, who was very excited, shout, "Go on, boys, give it to the bastards, let them have it, go on, give them blacklegs." Stones, pewter pots, glasses and bottles were being thrown in all directions. A number of free-labourers were running towards the dock gates. Giles threw a bottle at one of them, and shouted, "Take that, you b—, you dirty scabs." Sergeant Saunders gave the order to clear the four-ale bar; there was a terrible turmoil going on inside. As I entered Childs, who was inside the bar, deliberately threw a pewter pot, or glass, at me; I ducked my head, the missile hit my helmet (produced), making a dent on the plate. I hit him on the top of his head with my truncheon; he then went out. The free-labourers were running in all directions. We then cleared the bar.
Cross-examined. Perhaps I hit Childs rather hard; he was bleeding badly. I know him. Some of the free-labourers threw missiles. I could not say whether Giles hit anybody with the bottle he threw. The free-labourers outnumbered the strikers. I have been 23 years in the force. I was promoted; I had an inquiry to make concerning a bus-driver's license; I reported that I had done so when I had not, and I was reduced in consequence. Since then I have been four times recommended for promotion; I have declined it because I was so disgusted with the treatment I received from my superior officers.
Police-sergeant FREDERICK SAUNDERS, 40 K. On July 3, at noon, I was on duty in the Galleons Road, when I saw from 60 to 80 strikers going towards the "Galleons Hotel," where it was publicly known that the free-labourers were having their meal. I went to the "Galleons Hotel "; a free fight was going on; pate, bottles and glasses were flying in all directions. In the yard of the hotel I saw Childs throw a
bottle, and shout, "Go on, give it to the f—." I heard a terrible disturbance going on in the four-ale bar; there were Shouts of "Police." I gave the order to clear the bar. As we went in Childs threw a pot or bottle at Police-constable Larby; Larby ducked, and it hit him on the helmet. Larby then struck Childs with his truncheon. I know Halls; he has been an active man among the strikers; I have seen him addressing several strike meetings. On this day I saw him throw a bottle at a man; I could not say whether he hit him or not. At the same time he shouted, "Now then, boys, let them have it, the blacklegs." He was in the act of picking up a pewter pot when he was arrested by Police-constable Hammond. Halls was released, as he was known to the police and could be arrested later on. I saw Giles throw a bottle at a man who was running towards the docks. Giles was on strike at the time.
Police-constable BENJAMIN HAMMOND, 158 K, corroborated as to Halls.
Police-Constable THOMAS WATTS, 121 K, corrorborated as to Giles—I ran after him, but he ran away, and I lost him.
(Friday, September 13.)
Police-constable FREDERICK STEVENS, 707 K, corroborated as to Halls.
Police-constalble ALBERT GROOM, 945 K. On July 3 at about 12.10 p.m. I was on point duty at Cyprus Place, New Beckton, which is about seven minutes' walk from the "Galleons Hotel," when I saw Childs with about a dozen other men alight from the tramcar at the terminus at Ferndale and walk towards the "Galleons Hotel." At 12.40 p.m. I saw him returning with his head bleeding. He went into Phillip's coffee-house, where he was arrested.
Inspector THOMAS CLARK, K Division. At about 12.40 p.m. on July 3 I arrested Childs in a coffee-shop in Cyprus Place He said, "I did not ask for this, I took the men down to the' Galleons' to have a look at the blacklegs, and to give them a drink. I called for 10 pots of ale. but they said there were no pots. Before I could realise what had happened there was a general scrap up; I put up my hands and appealed to the men to stop. Police-constable Larby struck me on the head with his truncheon, but why I do not know." On the way to the police station he said, "I am a victim of circumstances, and am very sorry this occurred; I did not intend to make a row, but they sold me." He was charged, and made no reply.
Cross-examined. Halls, as far as I know, is a respectable man and has never been charged before. Childs has twice rendered assistance to the police.
Police-constable HARRY CLARK, 491 K. On July 5 I arrested Giles on warrant. He said, "I only went to the 'Galleons' to have a drink; I did not know that any trouble was going to take place; if I had I should not have gone there." When charged he made no reply.
was having my dinner with a number of other free-labourers in the four-ale bar of the "Galleons Hotel," when Childs, in company with a number of strikers, came in, and ordered 12 pots of ale, subsequently increasing it to 15. I tried to get out. One of the strikers attempted to close the door, but I managed to get out. Something cut my hand as I was going out.
JAMES BARNES , 47, Harrison Street, Gray's Inn. I am a nonunionist, and have worked during the strike. At mid-day on July 3 I was standing about in the four-ale bar of the "Galleons Hotel" after eating my dinner, when a number of men came in. My glass was knocked out of my hand. Somebody ordered 12 pots of ale, which he afterwards increased to 15. Glasses and pint pots began flying about. I picked up a pot to defend myself, and then got outside.
ARTHUR WILLIAM COX , barman, "Galleons Hotel." On July 3 at about mid-day I was in the four-ale bar, where a number of nonunionists were having their dinner, when Childs, whom I know, ordered 15 pots of ale from my assistant Dudley. He was told we had; no pots; he said, "Serve it in glasses." Two or three glasses were served. Someone shouted out, "Close the door. Now, then, boys, post and glasses. "Pots and glasses then began flying in all directions. The non-unionists began running in all directions, some jumped over the bar into the private part of the premises. The police then came in and quelled the disturbance. I afterwards found that 10 pots were bent out of shape, about three dozen glasses were broken, one window was broken, and one cracked.
Cross-examined. Both sides were throwing pots and glasses.
ALBERT CHARLES CHILDS (prisoner, on oath). I live at Whitehorse Road, East Ham, and am a lighterman and stevedore; for the last two years I have not worked at my trade. I am a professional boxer. I went through the South African War. Upon more than one occasion I have assisted the police in taking persons to the station, and was commended by the East Ham Bench. On Wednesday, July 3, about noon I was at the committee rooms of the Women and Children's Fund at 267, Barking Road, of which I am treasurer. Hails is the president, and Councillor Dean, of East Ham, is the secretary. We were all three paying the tradesmen when someone told us of the state of affairs at the "Galleons Hotel." Halls and I then took a tram from the Town Hall to Ferndale. There was nobody with us. We walked to the "Galleons Hotel," where we saw about 40 men. As I came up one man said, "Hullo, there comes Bert Smith "—that is my professional name—"are you going to buy any beer?"I said, "There is rather too many of you to take up in the saloon bar, we had better go down to the four-ale bar." Twenty of them then followed me to the four-ale bar. I was going to give them beer in order to quieten; them. I first ordered
10 pots and then increased it to 15. I was told chat there were no pots in. I was waiting for the pots to come in, when a glass broke against a partition over my bead. I said, "For God's sake do not do that, have a drink and have it quietly and let us go home." About 150 freelabourers who were having their dinner in an adjoining room then commenced to come out. One of them was taking off his coat preparing to have a fight. I said to him, "I do not want to have anything to do with you." I did not see any pots, bottles, or glasses thrown except the one which broke over my head. Some glasses were broken by falling on the floor. The police then came in and lined up against the wall. There were about six persons besides myself in the bar then, the others had gone out. I commenced to walk out. I had passed Larby, I looked round at him, and he struck me on the head with his truncheon. When I got outside Police-constable Clark attempted to strike me, but missed. I stooped to pick up my hat, and he hit me on the head. My head bled very much. I went to a coffee shop, where the police arrested me. The inspector said, "I am sorry to see you like this, Bert." I said, "You are no more sorry than what I am. What do you want?"He said, "You will have to come with me." I said, "What are you going to charge me with?"He said, "Using insulting words and behaviour." I was charged with assault a week later. My head was dressed by the divisional surgeon. I had been ill and in bed prior to July 3 with sunstroke as a result of the South African War. I only knew Giles by sight.
Cross-examined. I have never addressed a meeting except on behalf of the Women and Children's Fund. On the morning of July I was chairman of a meeting. I opened the meeting with a short address; I do not remember what the subject of my remarks was. I did no; conclude my remarks by saying, "Don't forget to have a drink with me at half past 12, you know where." I did not invite them to have a drink in the morning. A constable told me that Police-constable Larby was trying to catch me for betting, and he has had a spite against me since then. I take bets by telephone. I suggest that Larby is deliberately telling untruths out of spite, and the other policemen are backing him up because of the brotherly love between policemen. I think Policeconstable Watts has made a genuine mistake; the other witnesses have been well drilled. I should say it would be suicidal for me to take 20 men to have a fight with 150 non-unionists. I did not know that the "Galleons" was the place where the free-labourers were having their dinners. In the four-ale bar I did not hear anybody say, "Now then, boys, shut the door, spots and glasses," or anything like that. The police did not clear the bar; there was no one there to clear. As I went out of the door I turned my head to keep my eye on Larby, as I thought he would give me one; he has got a bad character with his truncheon. At the police-station the police were having a consultation, saying, "Who is going to charge him?"Inspector Clark charged me first. Lanrby and Saunders were round the corner out of my sight; they did not want to see me. I said, "I want Larby to charge me, he is the man who hit me, and he knows what he hit me with."
ARTHUR JOHN HALLS (prisoner, on oath). I live at 19, Calverton Road, East Ham, and am a ship's clerk. I am a married man with two children. I have never been charged before. (The witness then corroborated the story of Chiles.) I went out of the four-ale bar directly the disturbance started. I did not throw a bottle. Police-consumable Hammond arrested me, but let me go again. I attended the police-court the same day when Childs was charged. Two days afterwards I was arrested and charged with disorderly conduct and using abusive language. I was not charged with assault or riot until a week later.
Cross-examined. A man whose name I do not know came to the committee rooms and said he was under the impression that some boys had gone down to the "Galleons," and that there would be trouble. I have taken an active part in the strike, addressing public meetings. I have not been in the habit of molesting free-labourers. Inspector Clark did not warn me off the Galleons Road. When information was brought to us of trouble at. the "Galleons" it did not occur 10 me to go to the police. I did not shout out, "Give it to the bastards, boys."
JOHN FREDERICK GILES (prisoner, on oath), I live at 20, Tellham Road, East Ham, and am a dock labourer. On July 3 at about 12.30 noon I was standing outside the "Galleons" public-house, when somebody said, "Here comes Bert Smith," and asked him if he was going to buy any beer. Childs then walked towards the four-ale bar followed by other men. Halls asked me to have a drink and I followed, Childs ordered ten pots of ale, the barman said there were no pots, and Childs said, "Well, give it us in glasses." Shortly after that there was a rush and a fight. Childs held up his hands and said, "For God's sake don't do that. Stop it." The fight was over in five minutes; I stayed in the corner. The police came in and formed up along the wall. Larby said, "Come on out of it." Childs went to go out, when Larby knocked him down with his truncheon. I then went out. I was arrested two days after. I did not throw a bottle at anyone. I went down to the "Galleons" with a friend, a labourer named Thomas Wood.
Cross-examined. I only knew Childs by sight.
GEORGE PATRICK DEAN , 61, Outram Road, East Ham, Councillor of East Ham. On July 3 I was at the Committee Roams of the East Ham Women and Children's Fund, of which I was secretary, with Childs and Halls, paying the accounts, when a man on a bicycle came in and made a communication as a result of which Childs and Halls left.
Cross-examined. I am a journalist, in the employ of the "East Ham Echo." The man told us that a lot of men were on their way down to the "Galleons" bent on making a disturbance, and said, "You chaps, if you want to stop a disturbance you had better go at once." It was first of all suggested that Halls and I should go to stop the disturbance, but owing to the fact that I am rather good at figures, Childs said, "Well, you had better not go, I will go with Halls." Child and Halls did go, while I stayed behind to pay out the money.
We were on the best of terms with the police; it did not occur to me to send to them.
SARAH MACAN , cook, "Gialleons Hotel." On July 3, just before this disturbance occurred, I saw Bert Smith come down the steps from the Galleons Road, and walk towards the four-ale bar, followed by twelve or thirteen men. As he passed me he said, "Good morning," and I replied "Good morning." He was creating no disturbance.
SIDNEY MOORE , 22, Birkett Avenue, East Ham, clerk; JAMES BROOKS, 73, Talbot Road, stevedore; GEORGE DONOVAN, 33, Mountfield Road, East Ham, stevedore; ARTHUR ROBERT HARVEY, 106, Roman Road, stevedore; JOHN MAXALL, 138, Roman Road, stevedore; HARKY KNIGHT, 16, Kempton Road, East Ham, dock labourer, and DAVID CLAYDEN, 79, St. Bernard's Road, East Ham, dock labourer, stated that they followed Childs into the four-ale bar, and corroborated him as to what took place there.
ALFRED BRADLEY , barman, "Galleons Hotel." On July 3 Childs ordered ten pots of ale from me. Directly afterwards a disturbance began; I went down into the cellar. Childs caused no disturbance while I was there.
Verdict, Childs and Hall, guilty generally; Giles, guilty of assault only.
The Common Serjeant stated that personal assault was not charged in the indictment, and therefore Giles must be acquitted; a verdict to this effect was returned.
Sentences: Childs (who had received considerable punishment from the truncheon), one month's imprisonment, second division; Halls, four months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 12.)
Sentence was postponed till next session.
The principal witness in the case having absconded, the prosecution offered no evidence, and a formal verdict of not guilty was returned.
HARWOOD, John (20, clerk) , unlawfully soliciting and inciting James Sullivan to steal the goods of his masters, Thomas French and Son, Limited; attempting to obtain by false pretences from French, and Son, Limited, two kit bags, with intent to defraud.
Mr. Lynch prosecuted; Mr. Hubert Hull defended.
JOHN WHEELER , employed by Thomas French and Son, Limited, portmanteau manufacturers, Moor Lane, E.C. Prisoner was employed by our firm from August to September, 1909. He left of his own accord. He would become acquainted with the names and addresses of our customers. He was in the entering room. At that time we had a clerk named Sullivan. On Saturday, August 3, we received a telephone order from Beale, of Whitechapel, for two kit bags. A second message was received that they were to be sent to Whitechapel Station to be called for. On receipt of the second message I communicated with Beale's. Then a dummy parcel was made up and dispatched to Whitechapel Station. I followed and called at Beale's on the way. On my way I saw accused some 20 or 25 yards from the railway station. On the following Tuesday I saw prisoner talking to Sullivan outside the Great Eastern Hotel, Liverpool Street.
Cross-examined. Prisoner could have had goods from us on the same terms as Beale's provided he paid for them. I cook the train from Moorgate Street to Aldgate and then went by bus. It took about 15 minutes. The station is only a few yards from Beale's. The first telephone message came about 12.30 and the second about 10 minutes later. Whitechapel High Street is very busy about that time. Very few people were using the station then. I do not know much about Whitechapel. Prisoner was not by himself; there were men there with goods exposed for sale. He was not speaking to anyone. I saw him side face. I do not think he saw me. When I met Beale's man I went back across the road from Whitechapel Station. Prisoner was then standing with the crowd. This was about 1.15 p.m. I do not know if he was there when we came out of the station; I did not look because I was going to St. Mary's Station, where I understood the parcel would be found; I found that they do not take parcels at Whitechapel (Station. At St. Mary's we were informed that somebody had already applied for the parcel. I was told it was a young man. I did not expect to see. Harwood. I was surprised. I had no reason to speak to him. I went really to see if it was anybody employed by our firm who was trying to get the goods, and Beale's were going to prosecute if the person was caught.
THOMAS SAUNDERS , employed by French and Son, Limited. On Friday before August Bank Holiday a fellow a coke to me and in conesquence of what he said I spoke to Sullivan. Sullivan and I went to a public-house, 99, Finsbury Pavement. We saw prisoner. Sullivan spoke to him. I did not hear what was said.
JAMES SULLIVAN . I have been employed by Messrs. French in the entering room five years. Prisoner was employed in the same room. On Friday before Bank Holiday Saunders gave me a message. I accompanied him to 99, Finsbury Pavement, where I saw prisoner and another man, a friend, I suppose. He left his friend and walked up to
me. He asked me to get him a price list of our firm and some order sheets from Robinson and Cleaver. He said, "With those orders I can use a follow-on number." He said he could ring up the firm and order the goods to be sent by passenger train and he would call for them. All the station. I said I would not do it; I would not be brought in to it. He then said, "Well, get me a price list and meet me at nine o'clock at Liverpool Street Station to-night." I did not promise. I did not turn up. I made a report to my superiors when I got back. On Tuesday after Bank Holiday I saw him at the hotel in Bishopsgate Street. I had no appointment with him. He said, "Did you have an order from Beale, of Whitechapel, on Saturday?"I said "Yes." He said, "Was there any trouble about the order?"I said, "No, the goods went off by passenger train to be called for." I asked him, "Did you know anything about the telephone message?"He said, Yes I rang up for those goods." He said he saw Wheeler near the station and thought it was best to keep clear. I met him again on the Wednesday, not by appointment. He said, "Have you heard anything more about Beale, of Whitechapel?"He said: "No, the railway company had sent the bags back, and the man hat had taken the phone message had got into trouble, the firm thinking he must have taken the wrong name on the 'phone." He then asked me if I could get him some order sheets of Foster Porter's, of Wood Street. He said he knew where he could have some printed, and knew someone who could come into our firm as Foster Porter's, showing those order-sheets, and get a fitted case about £20. He said I would get a third of this if I would do it. When I told him the bags had been returned by the railway company he said it could not have been Wheeler he saw, and that if he had called for the goods at the station he would have got them. I said, "Perhaps you would have done." I was present when he was arrested; I had just come out of Spitalfields Market when prisoner walked up to me. As he was walking with me an officer came up and said to prisoner, "Is your name Harwood?"Prisoner said, "No," and kicked my foot. The officer then asked me and I told him his name was Harwood. He was then taken into custody.
Cross-examined. I did not receive the order on the telephone. I sent the goods out. I first heard about the matter on the following Friday when I was asked about it by Mr. Wheeler. Prisoner did not explain what he meant when he said it could not have been Wheeler that he saw. I did not ask him. On the Friday he mentioned about a fibre case, a bag and some purses that he wanted the quote numbers of sent to an address in Cable Street, so that he could know what goods were in stock. He never gave me his own address. When he left me on the Friday he made no appointment to meet me again. He said, "See me to-night at nine o'clock." I always met him by chance. He knew where I went to lunch and the way I went home at night. I spoke to Mr. Brown about the matter on the Friday and asked his advice. He said, "Take no notice." Prisoner told me it was he who ran; up as Beale's.
JOB FREDERICK SHIMMER , employed by Messrs. French. On August 3 I received a telephone message from Beale's with reference to bags ordered "Please send them by passenger train to Whitechapel." I gave the message to Mr. Wheeler.
Cross-examined. The message came almost immediately after the other, about 12.30.
FREDERICK WILLIAM STRUDWICK , booking-clerk at Whitechapel Station. On August 3 I got a parcel addressed to Beale and Co., Whitechapel, to be called for. Before it arrived somebody called for it. I sent it to St. Mary's Station. It was returned by them.
Cross-examined. The person called about three o'clock, I think. A small boy afterwards came and asked for the parcel. I did not identify prisoner.
Detective HENRY BOARD, City Police. I saw prisoner on August 13, about 12.30, in Brushfield Street. About 12.30 witness Sullivan came out of the market, where he had his dinner. Prisoner spoke to him. They walked in conversation as far as the corner of Brushfield Street and Bishopsgate Street. I then asked prisoner if his name was Harwood. He said, "No." I then asked Sullivan, "Is this Harwood?" He said, "Yes." I then told him I was a police officer and had a warrant for his arrest for inciting Sullivan to steal his master's goods, to which he made no reply. I conveyed him to Moor Lane Police Station, where I read the warrant to him, and told him that he might be further charged with attempting to obtain two bags on the 3rd from Messrs. French by means of a bogus telephone message. He then said, "I did not send that message." When searched this piece of paper was found upon him. That apparently refers to a bogus telephone message to another firm.
JOHN HARWOOD (prisoner, on oath). I live at 102, Old Church Road, E. I am 20 years old. On Friday, August 2, I sent a stranger to me to Messrs. French to ask for Sullivan, and to tell Sullivan that his brother wanted to see him, that is me, at the comer of Finsbury Pavement. Sullivan came with Saunders. I then said to him, "You remember last August I bought a job suit case." I then said, "When will I see you again?"and he made an appointment to see me on Wednesday next at 12.30 in the vicinity of Spitalfields. I then left him. On August 3 I never went out all day till seven o'clock in the evening I live with my parents. We are ten in family and occupy three rooms. On the following Wednesday I met Sullivan by appointment which he made on the Friday. His first words were, "What do you think? We had detectives in our place yesterday morning about Beale's, Whitechapel Road, as someone had purported to send a false telephone message." I said, "That is no concern of mine. Can you buy the case that I told you about?"It is untrue that I said to him, Did
you have an order on Saturday from Beales?"or "Was there any trouble about it? or that I sent someone for the bags. I was not with Sullivan on the Tuesday. I was miles away. I am out of regular employment. I did not mention Robinson and Cleaver to Sullivan.
Cross-examined. On the Friday before Bank Holiday I wanted to buy a job suit case, a repetition of one I bought 12 months previously. I was making preparation to go to Australia. I had made application to a distress committee. I left French's with a good character. I could not ask them to serve me because they never sell to outsiders. I emphatically suggest that Mr. Wheeler is not telling the truth when he says there would have been no objection. Prosecutors have trumped up this charge against me. I was on good terms with Sullivan; I had not seen him since I left. I left in October. The reason I sent my message to him was that I was in a dilapidated state. I had money. I gave him 2s. as a deposit on the Wednesday. The case was 3s. I can suggest no reason why Sullivan should tell lies; that is for the prosecution; I do Hot know what is at the bottom of this. It is all quite untrue. I could not expect to have the case on the Wednesday because they have not always job cases. He told me about Beale's on the Wednesday and said the firm attributed it to Saunders taking the wrong name. It was not in answer to my question. When I was arrested I said my name was Harwood. I had no reason to hide my name. What they say is untrue.
Mrs. HARWOOD, 102, Old Church Road, E. I was at home all day on August 3. My son got up about half-past nine. He did not go out till 7 p.m.
ALFRED HARWOOD , 102, Old Church Road, E. I got up at 8 a.m. on August 3. I did no work that day. I went to my union in Johnson Street, Cable Street. I got there about 11. I got a few food tickets and got home about 11.30 or 12. I was in the house all the rest of the day. My brothers John and James and my mother were there.
—COPELAND, 61, Spencer Street, E. I remember Tuesday, August 6. I was with prisoner from 10.30 to 1.30 at the corner of Glamis Road.
Cross-examined. We were standing there talking. It was the day after August Bank Holiday. It was where all the strikers were standing, as they had not gone to work. I was on strike.
Sentence: Three months' hard labour on each count, to run concurrently.
Sentences: Thompson, Two months' imprisonment; Ellis, Three months' imprisonment.
BEFORE THE RECORDER.
(Friday; September 13.)
Prisoner, it was stated, had kept two establishments going; the woman with whom he had gone through the form of marriage stated that she did not know prisoner was married; she had, however, lived with him before the ceremony.
Sentence was postponed till next Session.
Mr. Bodkin, for the Commissioner of Police, stated that the object of the prosecution was to deter persons apprehended for betting offences from committing perjury in the course of which serious allegations were made against police witnesses. This was the first case of tins character which had been brought to this Court and a less severe view of the facts might be taken than after this warning.
It was urged on prisoner's behalf that the false statements were made in the stress of cross-examination; prisoner bore an excellent character. He personally withdrew all the allegations he had made against the police, and expressed his regret.
Sentence was postponed till next Session, the Recorder stating that he would take time to consider, but that certainly part of the sentence would be that prisoner should pay the costs of the prosecution.
Mr. L. C. Thomas prosecuted.
LESLIE MADELINE MCINNES , teacher, Cloudesley Street Schools, Islington. About 10.45 a.m. on July 12 I was superintending the children playing in the street at the interval, when prisoner, a stranger to me, came up to me and asked, "Have you a teacher of the name of Grant in the school." That was the case, and I said, "Yes." He said, "Are you her." I told him to speak to the headmistress and indicated her to him. Shortly afterwards he came to me and said, "When I speak to you, you give me a civil answer." At 12 a.m. I was going home for lunch when prisoner came up again and said to me, "You're a nice little woman, aren't you?"Supposing I walked into your school and told them you were a bad character, what would you pay me to keep it quiet?"I said, "I don't know why you should come and speak to me. Go and speak to the headmistress." I went to the police-station and reported it. On the 16th at about the same time prisoner came up to me again and said, "Well, are you going to pay me anything to keep it quiet?"I said, "Who do you think I am?"I thought he was taking for Miss Grant. He said, "Oh, never mind; there are plenty of school teachers knocking about." I invited him to
come to the police-station, but he would not do so. He said, "I want £10 out of you or I will ruin you." He followed me to the station, calling, "I'll ruin you, mind you." I saw Mm again on the 19th, but he did no. speak. At about the same time on the 23rd I was going home with Miss Grant, when prisoner came across to us and said, "well, what are you going to do about that matter?"I said, "What matter?" he said, "You know." Miss Gram said, "I am Miss Grant "; prisoner said, "I want a few words with you." They went across the road and I went for the police.
Cross-examined by prisoner. On the second occasion I did not run after you and ask you what you wanted. On the third occasion I did not say, "Oh, you don't want me then."
HARRIETT GRANT . I am a teacher at the same school as the last witness. About mid-day on July 23 I was with her when prisoner, a perfect stranger to me, came and said to her, "What about that matter?"She said, "What matter?"and he said, "You know." I told him who I was and he said he wished to speak to me. He said he had a grievance against my sister (she is a teacher at another school), because she had done him an injury. He appeared very vindictive against people who he imagined looked down on him, and said that he could go to my sister's and my employees and say things against our characters. I said I was too well-known, and he said, "Supposing I went to your scholars and told them you were an immoral character, they would tell their mothers." He said that he thought perhaps his mind was affected, that he had had yellow fever somewhere and that there was insanity in his family.
PRISONER. I deny all the statement.
Police-sergeant THOMAS RATCLIFFE, N Division. On July 23 I arrested prisoner and read the warrant to him. He said, "That is not correct; I never had any money." I said the warrant was for attempting to obtain £10 by threats. He replied, "Oh, yes; I admit that; I must have been mad." When charged he said, "Yes, sir."
Prisoner's statement before the magistrate: "I deny absolutely the whole of the evidence, or nearly all."
CHARLES WHEATLEY (prisoner, on oath), 69, Melbourne Avenue, Green Lanes, stated that he was a labourer; that some three years ago he got into communication with a Miss Clara Grant, sister of the witness, through having written a letter to a newspaper on the subject of teachers being married; she had invited him to tea; he had got fond of her, but she had jilted him. He had been endeavouring to find where this lady was, and had thought Miss McLennan was her sister. He denied having stated that he would ruin her, but admitted having made the rest of the statements alleged; he did not know why he had done it; he had forgotten all about it.
It was stated that prisoner's account of how he came into communication with the Miss Grant he referred to was a correct one, but that on having done so he commenced to blackmail her. A warrant was issued, but he had gone to Australia.
Sentence: Eighteen months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, September 13.)
Dr. Counsell prosecuted; Mr. E. J. Purchase defended.
ABTHUR EDWARD COX , employed by Henry Evans and Sons, Dock Street, E. I engaged prisoner on June 17 last as carman. I saw him once that day and once the next. I did not see him again until his arrest, when I picked him out from eight others.
Cross-examined. I did not know prisoner before engaging him. There was no other man in the row of eight men that resembled prisoner. The strike was on in June, and there was difficulty in getting goods to the docks.
THOMAS WHITI , clerk at Messrs. Evans's. Prisoner was engaged as carman on June 17. I did not see him on that day; I saw him on the 18th between two and three o'clock. I gave him an order to go up to Rylands for a load. He never returned. I saw hit horse and trolley next day in the custody of the police. I saw him in custody at Moor Lane Police Station. I did not then identify him. I recognise him now as the one I gave the order to.
Cross-examined. Our carmen had gone on strike and we were taking on fresh carmen. I picked out the wrong man at the police station.
JONATHAN YOUNG , packer at Ryland's, Limited. I entirely loaded the van that came for the goods. Prisoner was the carman. The missing goods were worth £135. I noticed in the course of loading that prisoner was awkward; he loaded inside the reins instead of outride.
Cross-examined. I only saw prisoner on that one occasion. The next time I saw him was on August 17 at Moor Lane Police Station. There were two or three men in the row who nearly resembled prisoner.
JAMES SMITH . I am pull-up man to Evans and Sons. I saw prisoner coming out of the yard on June 18 with a horse and trolley at 7.30 to 8 a.m. I had seen him often before. After he left the yard I made a communication to the governor. I identified him at Moor Lane Police Station from among eight others.
Cross-examined. I knew prisoner from his knocking about Ratcliff Highway.
Re-examined. I do not know what name he gave the foreman. I knew him by the nickname "Meaty."
Police-constable NEW, 709 J. On June 18 at 10.40 p.m. I found a horse and trolley and three boxes. The cases were labelled Ryland's, Limited, and the trolley was painted with Evans's name on both sides. I took them to Bethnal Green Police Station and they were handed to the owner.
Detective BOARD. I saw accused detained at Leman Street Police Station. Another officer was with me. I told accused who we were and that I should take him to the City, where he would be charged with stealing a quantity of underclothing from Ryland's. He was put up with nine other men at Moor Lane Police Station. He was picked out first by Smith. He changed his position in the row each time.
Cross-examined. I never saw Smith in my life. He does not know me. My real name is William Gilbey; I have gone in the names of Jones and Marshall. The writing on this document is not mine. I do not know where I was on June 18. At the identification Smith did not exactly come to me. The inspector said, "Is this the man that had the load?"; he says, "I don't know; all I have come to see is a bigger man who drove the van." I have never driven a horse and van or handled a rein. I have been working at several places in the name of Jones. The insurance card handed to me is mine. I cut the name out of it. It was a mad thought. I cannot give a reason. I say the witnesses are all telling falsehoods and swearing my life away.
Verdict: Not guilty.
REYNOLDS, Edwin Frank (31, carpenter) pleaded guilty , of obtaining by false pretences from Percy Cleave a banker's cheque for £3 19s., with intent to defraud; unlawfully, in incurring certain debts and liabilities of £2 12s. and £3 19s. to Percy Cleave, 15s., 12s., and £1 13s., the property of George Walton; 9s., £1 6s., and £5 9s., the property of William Ash well, in order that he might apply the same for a certain purpose, fraudently converting the same to his own use and benefit.
Sentence was postponed to next Session.
FRY, Guy Mortimer (41, retired officer) pleaded guilty , of, being an undischarged bankrupt, unlawfully obtaining credit to the extent of £20 and upwards, to wit, to the extent of £68 9s. 6d., from McDougal and Co., Limited, £69 from Whatson and Co., Limited, £65 14s. 4d. from the Coupe" Company and Motor Cab Company, Limited, and £37 1s. 8d. from Albert Goodman, Sons, Pollard and Burford, without informing them that he was an undischarged bankrupt.
Prisoner confessed to a previous conviction. Other convictions were proved. It was stated that he had had a very distinguished career in the Army, but had lately became a dipsomaniac.
Sentence was postponed to next Session, in order to give prisoner an opportunity of calling people of position to speak on his behalf.
WHITFORD, Frederick (18, porter) pleaded guilty , of forging and uttering, knowing the same to be forged, four several requests for the payment of money, to wit, four depositors' orders for the withdrawal of £5 each, in each case with intent to defraud.
Sentence was postponed till next Session.
BEFORE MR. JUSTICE LUSH.
(Saturday, September 14.)
Mr. Arthur May prosecuted; Mr. St. John Morrow defended.
NORA DRISCOLL , 75, Gill Street, E., machinist at Bryant and May's. I have known prisoner since May last. On August 24 at 6.30 a.m. I was in Pigott Street going to work, when I met prisoner, who said, "Why did not you come out last night?"I said, "Because I was tired and I went to bed." He said, "Are you coming out to-night?" I said, "No." He then got behind me, pulled me back by the left shoulder, drew something sharp across my throat, and walked on. I screamed out, "What have you done?"I put my hand to my throat and found it was bleeding, and turned back to go home. Prisoner followed me and said, "Do not tell your mother, say you fell and done it on the kerb." I went home and was taken to Poplar Hospital, where I remained a week.
Cross-examined. I never quarrelled with prisoner; we were fond of one another and were to be married at Christmas. He asked me to meet him on the Friday night, August 23; I did not know that it was to buy furniture. He was not told that I had gone to the Globe Theatre with another man. I did not go out that night. I saw nothing in his hand until after he wounded me; then I saw he had a knife. He did not have a tobacco pouch in his hand. He offered to go home with me and accompanied me a good way. He did not say, "Do not tell your mother I struck you," but, "Do not tell your mother that I have done it, tell her you fell on the kerb." I do not know whether this was near a sweetshop. I did not see any advertisement on the wall with a piece of tin sticking out.
Inspector JOHN AMBROSE, K Division. On August 24 I received information, and at about 7.30 a.m. I saw prisoner in Limehouse Causeway walking towards the police-station. He said, "Are you
going to 34, Park Street?"(that is where he lives); I said, "Yes." He said, "I am the man you want. I knocked Nora Driscoll down at Pigott Street; she fell on a tin and cut her throat." When charged at the station, he said, "I had no knife." I searched Pigott Street and found neither knife nor tin.
Cross-examined. Prisoner was cool and collected. There is a small sweetshop in Pigott Street. I made a thorough search for a knife or tin. I saw no blood.
Re-examined. Prisoner made no suggestion as to what kind of tin prosecutrix had fallen on.
HAROLD BELLETER , house surgeon, Poplar Hospital. On August 24 at 7 p.m. I saw prosecutrix; she had a wound on the right side of the throat extending towards the angle of the jaw, about three inches long and half inch deep. No important structures were divided; the wound was shallow. I stitched it up and prosecutrix remained in the hospital until August 31; the wound was then practically healed. The wound was not quite straight, it was clean cut, there were no jagged edges to be seen at all; there was no dirt in the wound; it must have been produced by a very sharp instrument.
Cross-examined. I do not think it could have been caused by falling on the edge of a tin.
Mr. Justice Lush suggested that the charge of attempted murder could not be upheld on the evidence; the Jury agreed.
His Lordship held that there was quite sufficient evidence to go to the jury on the charge of attempting to do grievous bodily harm.
JOHN DAVID BARNARD (prisoner, on oath). I live at 34, Park Street, and am a galvaniser. Since May last I have been keeping company with prosecutrix; we have been devotedly attached to each other. Before August 24 I had been buying furniture with her. On August 23 I arranged to meet her to select an overmantel and called at her place at 8.15 p.m. Her little sister Mary told me she had gone to Bow Palace along with another young man. Her brother John also told me that. The next morning I was going to look for a job, when I accidently met her in Pigott Street. I had my tobacco pouch and cigarette paper in my hand. She sneered and laughed at me. I said, "Where did you go last night?"She replied, "Out." I said, "Who with?"She said, "With another chap." I said "Will you come out to-night?"She said "Yes, not with you." I then lost control of myself, struck her with my right hand and walked on about five or six steps. I turned round and saw blood, walked back and said, "Norah what have I done? I am sorry for what I have done, I will take you to Poplar Hospital." She said, "No, I will go to work, there is nothing the matter with me at all." I said, "Yes there is, there is blood." She then took hold of my arm and said, "Take me home." I took her to Gill Street within five or six steps of her house and she said, "John, do not you come home with me or else you will get the blame of this."
I asked her what she meant by getting the blame and said, "Do not tell your mother I have struck you." When I struck her she fell down on an advertisement tin which was sticking out from the wall of a sweet-shop. I had no penknife on me; I never carry one. The injury was caused by the tin. I did not know what I was doing when I punched her or else I should not have done it.
Cross-examined. I did not see her fall on the tin, but I saw a tin advertisement of White's Mineral Waters on the wall. She went down on this and caught her face. She went down as I hit her; I saw her shoulder strike the wall. When I heard her scream I went back. I struck her on the back of the neck with the right hand from behind; it was as she was laughing and sneering at me. I heard that the police had been to my address, and went towards the station and told them what had happened.
Verdict, Guilty of unlawful wounding.
Sentence: Six months' hard Labour.
Sentence (September 17): Twelve months' hard labour.
BEFORE THE RECORDER.
(Saturday, September 14.)
HASTINGS, Alfred Gardiner (65, financial agent) , having been Adjudicated bankrupt, unlawfully obtaining credit to the extent of £20 and upwards from the Cafe Royal, Limited, and Newton Dunn, without informing them that he was an undischarged bankrupt.
Prisoner pleaded guilty to the indictment relating to Newton Dunn. This plea was accepted by the prosecution.
The offence was committed as far back as 1907. Prisoner, a solicitor not now practising, had been three times a bankrupt, failing on the first occasion for £32, 000. After 1886 he was engaged in negotiating foreign contracts. It was urged on his behalf that Mr. Dunn, & creditor for £500, had no desire to press the prosecution, and that prisoner was a victim to multiple neuritis, which had permanently crippled him.
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Saturday, September 14.)
Verdict, Not guilty.
BEFORE THE RECORDER.
(Monday, September 16.)
CLACK, Cecil Douglas (30, traveller) , being bailee of certain property, to wit, one suite of furniture, and other articles, the goods of the Highbury Furniture Co., Ltd., feloniously and fraudulently converting the same to his own use, thereby stealing the same.
Mr. Radcliffe prosecuted; Mr. Roome defended.
—.ABRAHAMSON, Manager, Highbury Furnishing Co., Ltd., 256, High Street, Islington. I produce an agreement for the hire of some furniture signed by prisoner in June, 1911, in my presence; the last clause states that until the full money is paid the furniture shall remain the property of the company. The instalments were paid till May this year and then they ceased.
Cross-examined. He read the agreement and after the goods were delivered we sent him a copy of it. About three years ago he had goods under the same form of agreement for another house; he paid all the instalments. When applying for the second lot of furniture he said he was now moving into a larger house and wanted some more furniture. We agreed at the termination of the agreement to allow him £11 for furniture he then returned to us. This is embodied in the agreement. The total value of the goods he had was £84 11s. 9d. and the amount he had paid in all was £29 6s. 9d., which, crediting him with the £11, would amount to £40 6s. 9d. In August he came and said he had lost his employment and asked me to let the instalments stand over a fortnight; I agreed to do so although he was then three months in arrear. Barnett is no friend of mine; he had never been to see me. We have now had all our goods back except a fender; we have also had £40 from him.
Re-examined. The £40 would represent the rent of the furniture.
ALFRED GOLDSTEIN , enquiry clerk, Highbury Furnishing Co. On August 12 I went to 3b, Broadway, to check and clear the furniture that prisoner had. I found a suite of furniture, a dressing chest, and a kerk fender, value in all £18 9s., missing. We had not given him the consent to remove the furniture stipulated for in the agreement, and I asked prisoner where they were. He said, "I have sold it to a Mr. Barnett, 6, Highbury Place, for £6. The kerb I sold to someone in Winchmore Hill; I do not know where; and the dressing chest I forget whom I sold it to or what I got for it." I went to 6, Highbury
place where I found the suite, which I took away. I have since found the dressing chest, but not the fender. I asked prisoner to come and see the manager and he said, "If the manager wants to see me let him come here; I'm not going to see him."
Cross-examined. I never saw Barnett till August 13 at the Police Court.
BARNETT BARNETT , commercial traveller, 22, Highbury Place. At one time prisoner and I had business relations together. At the beginning of March this year he came to me, and in the course of conversation he said that his rooms were overcrowded with furniture and I arranged to buy a suite for £6. Exhibit 2 k the receipt he gave me. I did not ask him, but I assumed it was his property.
Cross-examined. There was no mark upon the furniture identifying it was the property of the company.
Police-constable SIDNEY EARN, 628 N. On August 12 I was summoned to 36, Broadway, where I saw prisoner. He was given into my custody by Goldstein. He said, "Yes, that is right." Before being charged he said, "I sold it to Mr. Barnett, 22, Highbury Place, for £6."
CECIL DOUGLAS CLACK (prisoner, on oath), 56, Balliol Road, Brixtorr. I did not read the agreement through before signing it, and I was never sent a copy of it. The reason I sold some of it was because I had more furniture than I wanted. I was in the States at the time the suite was removed to Barnett's. He paid me £6 for it. I do not remember whether I mentioned to him that it was on hire, but as I had paid £27 I thought a suite of the value of £14 would be my property.
The Recorder remarked that this was no defence in law; prisoner should have read through the agreement; ignorance of the law was no excuse.
Mr. Roome contended that prisoner having no fraudulent intent, bona fide believing such furniture as he had sold to be his, the offence was not made out.
The Recorder stated that, if such a defence were recognised, hiring agreements would not serve as any protection to the companies hiring out furniture.
Examination continued. I did not know that I was stealing it; I had no intentions of doing so.
Cross-examined. I did not think to tell Barnett I had bought the furniture on hire. I did not think it was worth while to write for a copy of the agreement; there was no trouble about it before.
Mr. ABEAHAMSON, recalled by the court, stated that prisoner had particularly read the agreement to see what allowance was being made to him for the furniture he was returning; that he, witness, had informed him that a copy would be sent him; that such copy was posted and was not returned through the Dead Letter Office.
Verdict, " Guilty. We trust that you will deal with him leniently." Prisoner was stated to be a naturalized American. He had been employed by the Liquid Veneer Co. (see next two cases) until March last, since when he had been doing very little.
Sentence was postponed till next Session, the Recorder remarking that if he were satisfied that prisoner was leaving this country he would probably release him.
SCOTT, John Thomas (27, company director), forging and uttering, knowing the same to be forged, certain orders for the payment of £30 and £16 respectively, in each case with intent to defraud; feloniously uttering, knowing the same to be forged, receipts for £14 7s. and £30, in each case with intent to defraud; unlawfully making certain false entries in certain books, the property of the Liquid Veneer Company, Limited, his masters, with intent to defraud.
Prisoner pleaded guilty to the last indictment and this plea was accepted by the prosecution (see next case).
BARNETT, Rarnett (25, commercial traveller) , stealing seven gross bottles of liquid veneer, 10 gross bottles of liquid veneer, three gross bottles of liquid veneer, and 20 gross bottles of liquid veneer, in each case the goods of the L iquid Veneer Company, Limited, his masters; feloniously uttering, knowing the same to be forged, receipts for the several sums of £15, £15, £9s. and £29 10s., in each case with intent, to defraud.
Prisoner pleaded guilty to the first indictment, in so far as it related to the seven, 10, and 20 gross bottles, and this plea was accepted by the prosecution.
Barnett confessed to a previous conviction of felony on April 20, 1907, at the Old Street Police Court.
Scott, in his capacity as manager and secretary, and Barnett as a commercial traveller of the Liquid Veneer Company, had between September, 1911, and March, 1912, committed the offences to which they had pleaded guilty. Clark, the business manager, was alleged by the defence to be instigator; this was denied by the prosecution. These three men, with the knowledge that Clark had of the secret process involved in the making of the veneer, had started a business of their own to exploit it; this had since been stopped by an injunction. Barnett since his conviction had been going on straight. A conviction in 1902 for attempted larceny was proved against Scott; he had been "going on fairly straight till this case."
Sentence was postponed till next Sessions.
BEFORE THE COMMON SERJEANT.
(Monday, September 16.)
TABAXMAN, Alec (21, rubber dealer); TABAXMAN, Mary (20), HARRISON, Harry Benjamin (21, rubber dealer); and PAROS,Peter (26, rubber sorter), all conspiring and agreeing together to obtain by false pretences from Woolf Paras £3,600, with intent to defraud; M. Tabaxman, feloniously altering certain crossings on certain cheques for £15 7s. and £14 13s. 7d., with intent to defraud.
Prisoners pleaded guilty to the first indictment, which plea was accepted.
Prisoners were stated to be all of good character. It was stated that prosecutor (to whom all the prisoners except Harrison were related) had at the Jewish festival of the New Year forgiven the prisoners and recommended them to the mercy of the Court Prisoners were released on their own recognisances in £20 each to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Monday, September 16.)
Mr. Barrington Ward prosecuted; Mr. D. Warde defended.
SAMUEL F. HOLLOWAY , cashier, Camden Town branch, National Bank. On Saturday, August 3, prisoner presented a cheque for £62, drawn by Henry Hill, jun., and endorsed by C. Davis. After querying the signature I cashed it. This is the cheque. I have no doubt about prisoner being the man. I paid in gold at his request. As it overdrew Mr. Hill's account a communication was made to him and he called on the 7th, when he said it was not his signature. The matter was put in the hands of the police. On August 9 I identified prisoner at Albany Street Police Station.
Cross-examined. I went on duty at 9 a.m. and remained till one. I paid during that time 20 or 30 persons. I have not the books here. I had never seen prisoner before. Mr. Hill had himself cashed a cheque before prisoner came in. When Mr. Hill came on the following Wednesday I did not tell him the £62 cheque was cashed late in the morning. Mr. Hill has made a mistake. I identified prisoner from 10 or 11 men. I did not count them. I had no conversation with anyone as to the man who was suspected. Mr. Lacy came and wanted to know if I knew the man and if I could pick him out. I said I could. He said, "All right, I will go and arrest him." That was all the conversation. He said the man lived in Somers Town. I did not tell the police what sort of man he was. Prisoner cashed the cheque within a few minutes of 10 o'clock.
HENRY E. HILL , jun., builder, 81, Hampstead Road. I have known prisoner and his wife three or four years. He worked for me about three years ago. I let off part of my premises. My part of the house u kept separate by locked doors. They used to be occupied by a firm of printers called Edge Davis and Co. I made a present of the
old paper they left behind to prisoner. Prisoner's wife has been acting as charwoman to us. She was always let in by the wife or myself. On one or two occasions she has had the key. She was there on the Friday before August 5. My wife would be there as well. On July 31 I paid some money into the bank. I had a cheque-book at that time and drew two cheques in the evening, leaving six forms in the cheque-book. We went to Westcliffe for the week-end. On the Friday prisoner's wife was there alone in the afternoon. My chequebook was then in my coat pocket behind the bedroom door. I took it out of my pocket on the Saturday and drew two cheques that morning. I cashed a cheque myself that morning. In the afternoon we went to Westcliffe. I took my cheque-book with me. I had no idea there was anything wrong with it. Returning home on the following Tuesday I found a letter from the bank. Next morning I saw the manager and Mr. Holloway. I denied all knowledge of the cheque. It is a forgery. I do not know Mr. Davis. The manager and I looked through my cheque-book and discovered a cheque and its counterfoil were missing from the book.
Cross-examined. I have always found prisoner's wife a thoroughly respectable woman. If prisoner has cashed the cheque she must have taken it or let him into take it. I have no proof of that. It must have been taken between July 31 and August 3, when it was cashed. There were four other people living in the house. Prisoner's wife did not regularly have a key. I am sure I did not sign the cheque and leave it in the cheque-book.
Detective LACY, N Division. On August 9 at 3 p.m. I saw prisoner and his brother at 15, Equity Buildings, Somers Town, which is about a quarter of an hour's walk from this bank. A bus runs between the two places and could do it in five minutes. I told them my business and they said they knew nothing about it. I told them they must come to the station, and if one was the man he would no doubt be identified by the cashier, if not they would be set at liberty. They both came willingly. I got eight men as near like prisoner as possible; some were not exactly alike. Mr. Holloway got no further than prisoner when he identified him. Prisoner's brother was the tenth man. When charged prisoner said, "I know nothing about it." A week afterwards I searched prisoner's house and found nothing relating to the charge.
MARY ANN GIBBONS , 13, Equity Buildings, Somers Town. Prisoner is my husband. I have worked at Mr. Hill's on or off about two years. I have never been charged with dishonesty. The last time I worked at Hill's was August 2. I did not see Mr. Hill's coat that day; I was not in his bedroom. I have never had one of his cheques in my hand. On Saturday, August 3, I got up about 8 a.m. My husband
got up before me. We had breakfast about 8.30. He started to pile up his barrow with wastepaper to take to Blackfriars, and left the house about 10. I was there helping him till he left with the barrow. His brother was with him. The load weighed over 9 cwt. Ten o'clock is the usual time for them to go on Saturdays to Stacey's. I followed after they went. I saw them outside Stacey's about 11, Prisoner's brother was just taking the last stack in. We afterwards all went to a coffee shop and left here about 12. We got home at a little after one.
Cross-examined. On July 25, Mr. and Mrs. Hill were away at a funeral from three to five. On July 23 I was at their house from 7 a.m. to 7 p.m.; the workmen were in and out on the Friday before Bank Holiday. Mrs. Hill was there all that afternoon; she stud she was expecting some friends to call. She went up to sleep while I was. doing the work downstairs. Mr. Hill's bedroom is level with his wife's. The Friday that I remember Mrs. Hill not being there was when she went to have some black clothes made for the children. That was the Friday before the funeral. Mrs. Hill lies down every afternoon if she has anybody there to mind the door. I do not think anybody could come in and help themselves. I should see them if they did. I have seen workmen come through to get to the workshop. I did not know where the Camden Town Branch of the National Bank was till the other night when I went by it. It is a good 20 minutes' walk from Equity Buildings. I followed my husband and his brother to get a few things in the New Cut; they are so much cheaper that way. I go over on Saturdays with my husband. I do not remember any cheques of Mr. Davis's; I do not know what paper my husband brings home. I was at Hampstead on Bank Holiday. I do not know where the heath is. I was dressed as I am now. I know Mrs. Weal. I did not see her at Hampstead. She has no grudge against me. My husband has. worn no better clothes than he has on now. I was married to prisoner at St. Thomas's Square Church in 1906. I was married to a blacksmith named Wilson. I was never married to prisoner. I was married to Wilson at St. Thomas's Square Church. He deserted me and prisoner has looked after me and Wilson's child.
PAUL JAMBS GIBBONS (prisoner, on oath) I am a waste-paper dealer, and deal in general things I have served in the 14th and 30th Hussars. I have good testimonials from my officers. With the exception of being fined 3s. 6d. for making a mess with some paper I have a clean sheet. The first time I saw the forged cheque was at Marylebone Police Court on August 10. I know nothing about the stolen cheque. I have never been in a bank in England or abroad. On August 3 I got up about seven, lit the fire, then I got on with my paper. I started to load the paper just before 10. It was striking 10 as I got to the end of the street, I did not leave the house before that. It takes an hour from my house to Stacey's, in Old Gravel Lane. We arrived at Stacey's just after 11. I saw a man we called Giant there. I saw others there, but you do not speak to all of them. I did not see Packman; I did not go inside Stacey's. My brother carried the stuff in and
drew the money, 8s. 5d. or 8s. 7d. My wife bad then arrived. We all went to the coffee-shop. We left there about 12. Me and my wife did a bit of shopping in the New Cut. My brother pushed the barrow. We got back to Somers Town about one. I was wearing the same clothes as I have on now on the Bank Holiday. I have no other clothes. I never saw a farthing of the £62.
Cross-examined. The bank clerk made a mistake in picking me out. cannot make it out myself. It took him about five minutes. I do not complain that the identification was not fair; the police did what they ought to do. I got a lot of Davis's waste-paper from Mr. Hill. Amongst it were a lot of used cheques. I did not know what name they had on. If I get hold of cheques dealing with waste-paper it is my place to destroy them. I knew Davis before Mr. Hill thought of moving into his premises. I tried to make a deal with him at that time for paper, but he wanted too much. I have not seen Davis for two years. You cannot get from Equity Buildings to the National Bank, Camden Town, in 10 minutes by motor-bus or motor-cab. I left home on August 3 at 10 o'clock; I always hear the clock strike 10 on Saturdays; it is only a few minutes' walk from my place. If we are not at Staoey's in time we have to bring the paper back. My brother and I took the barrow to New Cut. My wife followed afterwards. My brother could not pull the load himself, the weight is too large. It is impossible that either of us could have gone to the bank; it could not have been done in the time. Plenty of other Saturdays my wife has come over to the New Cut to do a bit of shopping. She also wanted the money to do it with. My brother has part of the money, whatever he earns. Mr. Hill has always acted as a gentleman to me. I could not tell you whether my wife has been in their house alone. I was there twice, once before Mr. Hill bad it and once when Mr. Davies bad it. I have not been there since I cleared the paper out. The key was not sent round to our place on August 1. I have never seen the key at my place.
CLARA HARDMAN . I live at 18, Equity Buildings. I know prisoner and his wife as neighbours. I recollect the Saturday before August Bank Holiday. I saw prisoner and his brother loading their barrow at about 9.30 a.m. I know that was the time because I looked at the clock as I came in. I knew prisoner had been locked up and told his wife something.
Cross-examined. I told her I saw Gibbons and his brother going She did not ask me about the time; I told her myself. She did not say it was important to show that they left at 10 o'clock. I said before the magistrate, "I had seen him leave. I heard the church clock strike ten. Prisoner's wife told me it was important to know what the time was." She said that before he was arrested, between the 3rd and the 9th.
EDWARD GIBBONS , 13, Equity Buildings. Prisoner is my brother I live with him. On August 3 I had breakfast with my brother and his wife. We loaded the barrow about 9.30 and took it to Old Gravel Lane, New Cut. My brother stayed outside Stacey's while I took the
paper in and sold it. I drew the money and came outside. I gave him the money in the coffee shop. His wife met us as we were coming away from Stacey's. It was exactly 10 when we left Equity Buildings. I fix that by the clock on the mantelpiece. Until we started my brother had not left the house. He was in my company all the time. We got to Stacey's at 11.15.
Cross-examined. (Witness wrote several words at counsel's request.) I left the Army in 1905 because I misbehaved myself. I was a deserter. I have been shown the £62 cheque. It is the only cheque I have ever seen. I swear I have never seen this other cheque. It is not my writing. I told Detective Lacy that I practiced writing three or four hands. I very often sit down and pass away the time by writing. I used to do it in the Service. I should not have told the officer that if I had done such a thing as forge a cheque.
Re-examined. Neither of the cheques were drawn by me nor have they ever been in my possession. The bank has not attempted to prosecute me. I challenge them to do so. I come before the Court with a perfectly clean sheet.
J. GIANTS. 32, Hatfield Street, S.E. I deal in waste paper. On August 3 I was at Stacey's at about 11.15 a.m. I saw prisoner and his brother there. I spoke to them. Prisoner's brother took their paper into Stacey's. I saw their barrow afterwards near the coffee shop in Union Street. I saw a woman going in the coffee shop with them. I do not know the wife. I have known them several years.
Cross-examined. All I saw was after 11.15 a.m.
CHARLES ROBERT PACKMAN , 24, King James Street, S.E. I work at Stacey's, 107, Old Gravel Lane. I produce the books showing the paper we bought on August 3. Edwards Gibbons brought the paper in. He was paid 8s. 2d. The time was between 11 and 12.
Cross-examined. I did not see prisoner.
MARY LEWIS , 35, Bartlett Buildings. I am waitress at the coffee house, 210, Union Street, S.E. On Saturday, August 3, I served prisoner, his wife, and brother with refreshments, coating 10d., at about 12 o'clock. Prisoner paid 6d. and his brother 4d.
ANNIE HILL . I am the wife of the witness Henry E. Hill. I remember Friday, August 2. It is not true that I lay down that afternoon. I was not at home. I visited a friend at Highgate and after that went to Highgate Infirmary to obtain two rings that my mother left. I left Mrs. Gibbons in our house. She was there when I returned. My little girl was left in the house, but she has since told me that she went up to Kentish Town to another little girl's. I always had faith in Mrs. Gibbons, but since his cheque business I have missed several things.
Sentence: Four months' imprisonment, second division.
Prisoner pleaded guilty to common assault, which plea was accepted by the prosecution.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
Two previous convictions were proved.
Sentence: Twelve months' hard labour.
BEFORE MR. JUSTICE LUSH.
(Tuesday, September 17.)
Verdict, Guilty of attempting to carnally know.
A previous conviction was proved against prisoner of an indecent assault upon another daughter. He had in 1904 been for two months in Hanwell Lunatic Asylum. His wife stated that he had been very brutal to her while in drink.
Sentence: Fifteen months' hard labour. Under Section 4 of the Punishment of Incest Act, 1908, Mr. Justice Lush made an order divesting prisoner of all authority over his daughter, Margaret May, and appointing her mother as her guardian during her minority.
SMITH, William (55, labourer) , being a male person, unlawfully carnally knowing Jessie Isabel Smith, who, to his knowledge was and is his daughter. (Four counts, two alleging carnal knowledge before the girl was thirteen years of age, and two alleging the same offence subsequently.)
Sentence: Seven years' penal servitude.
BEFORE THE RECORDER.
(Tuesday, September 17.)
JOHNSON, John (32, labourer), DAVIS, Arthur (28, labourer), and HOPPUS, Henry (26, labourer) , feloniously wounding James Downs, James Ferry, George Archer, David Henderson, and Emma Cashways with intent to do cause grevious, bodily harm; feloniously shooting at Emma Cashways with intent to do her grevious bodily harm.
Mr. Muir, Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. Bryant defended Johnson; Mr. Purchase defended Davis; Mr. Purcell defended Hoppus.
On the Recorder pointing out that it would be embarrassing to the prisoners to try them simultaneously upon the felonies contained in the indictment, Mr. Oliver elected to proceed with the case as relating to James Ferry.
DAVID HENDERSON , labourer. I am known to my friends as "Scottie" and "Dave." In August I did two days work at the West India Dock; the strike had then been over a fortnight; I did not work when the strike was on. I am not a member of any Union. On August 14 I left work at 5.30 p.m. and with Smith, Downs, Archer, Nagel and Thompson went to a public-house close by the Docks to have a drink. We jumped on a tram and went to the "A. 1" public-house in Duckett Street. Archer and Downs left us and went home to supper. They returned to the public house at about 7 p.m. We then all left. In Duckett Street I saw Johnson alone running towards the public-house. He turned down Bale Street and I saw no more of him. A policeman spoke to me. We all then went into "Martin's" public-house, in Ben Jonson Road. In there I saw Hopes; Johnson came in soon after. Hoy with 15 or 20 dockers were also in there drinking together. They were not my friends. I said to one I knew, Clarke, "Hullo, is everything all right?"He said, "No, not so long as you are with these people "; he was referring to the five men with me. I believe they had been working during the strike. A man named Wilkie challenged me to fight, but I refused. I offered drinks all round to be sociable, but the barman refused to serve me. Someone behind me me said, "This is what we use to you people "; I did not turn round. I heard the word "blackleg" and Downs, Thompson, Nagel and I left. Johnson came out with a crowd swinging a belt in his hand and saying, "Come on, boys, let us tackle them now." I think Hoppus was then on the other side of the road. Davis was there and could not help hearing what Johnson said; I daresay Hoppus could hear him, too. They made a rush at us and the four of us ran towards White Horse Lane. When we got near High Street, Davis rushed out from a side turning, followed, I believe, by Hoy; Johnson was with the other people at the back of us. Hoppus was still standing in the same position on the other side of the road; he seemed to be taking no pert in it. We went to make a dash through Davis and Hoy and had just passed them when a shot came from their direction; I did not see who fired. About six shots were fired Johnson was then about six yards behind us. I was shot in the ankle and a bullet grazed my neck.
To Mr. Bryan. Johnson shouted three or four minutes before the shots. I did not know that he had been assaulted earlier in the evening; I did not see a number of men running after him when I saw him in Duckett Street. When the crowd came out of the public-house I did not hear anyone shout, "These are the men who done it on you just now. Why don't you do it on them?"Johnson did not say,
"All right; I will do it on them." I did not see a struggle between him and Archer.
To Mr. Purchase. Archer had disappeared at the time of the shooting; I heard Davis say at the police court that Archer had stabbed him. I am clear that the shots came from Davis or Hoy; I am unable to say for certain who fired, but I saw Hoy take something shining from Davis's hands. I was about three yards away at the time. Hoy then faced us and I saw his hand go up, but I did not wait to see the shot. In my statement to the police I said I saw a weapon in Davis's hands. A struggle between him and Archer could not have taken place prior to the shooting. I had an unloaded revolver in my own pocket, but I did not take it out at any time and present it at anybody. I had borrowed it earlier in the day because I had heard that the men in the docks were going to do for the blacklegs; it was an old one and of no use.
He-examined. At the most Johnson could not have been more than 90 yards away from Davis and Hoy when we made a dash through them. I produce the revolver (Exhibit 2) I had; it is broken and useless.
JAMES DOWNS , dock labourer, 21, Duckett Street. I worked through the strike. The prisoners did not and they were angry with me for doing so. About a fortnight before August 14 Johnson called me and my friends blacklegs.
Mr. Muir, at the resumption of the Court after the mid-day adjournment, stated that, having had an opportunity of reading the evidence which had been given in his absence, he did not feel justified in proceeding further against Hoppus on this indictment.
The Recorder assenting, a verdict of Not guilty was taken from the jury, Hoppus being released on bail.
JAMES DOWNS (recalled). (Examination continued.) On the day this affair occurred I was working at the docks, and I, Henderson, Archer, Nagel, Thompson, and Smith left about 5.30. I went home. I joined them again in Duckett Street, when Johnson came up and said, "There's a lot of blacklegs." He took a glass from his pocket and threw it at me; I ducked and it missed me. He ran down Bale Street and I lost sight of him. We then went to the "Crown and Scepters," where I saw Davis drinking with about 15 friends, one of whom was Hoy. One of them said to us, "This is what we fire," and produced a bullet; it was done openly in front of Davis and Hoy. The barman did not refuse to serve us. Not wishing to make any trouble we walked out. Davis and his friends followed us out. Johnson had walked into the public-house while we were in there after the man had held up the bullet. When we got as far as Duckett Street he said, "Come on, boys; we will tackle them "; he was then about 30 yards away from us. We ran towards High Street; Archer and Smith were not with us; Davis had followed them, and they came round the other way. We had just passed High Street when I saw him, Hoy, Johnson (whom I know as "German Alf "), and seven others. Davis said?"There is Downs." Hoy said to him, "Pull
it out," and Davis pulled out a revolver from his pocket, and Hoy snatched it and said, "I will fire," and fired six times. Scottie was hit in the ankle and I was hit in the back. I did not see anything of Ferry. I walked away. I bought this revolver (Exhibit 2) from an old-iron barrow for 4d., and on that day I lent it to Henderson.
To Mr. Bryant. When we met Johnson in Duckett Street he was with a man named Morris. It was not I who commenced to quarrel with him and my party did not start attacking him. Nagel did not knock him down. I am sure Henderson was there. He did not present a pistol at him. Archer did not kick Johnson and no woman persuaded us to leave him alone. I was not subsequently ordered away by Police-constable Rose while waiting outside a house in which Johnson had taken refuge; I lost sight of him when he ran into Bale Street. Before going into the "Crown and Sceptre" I saw Johnson leave a policeman at the corner and then he came into the public-house. I have heard that Davis got stabbed, but none of us stabbed him. When I said before the magistrate, "I did not see Johnson there at the time the shooting took place" I made a mistake; I am lure I saw him at the corner of High Street with Davis and Hoy before the shots were fired. Only Henderson had a revolver.
To Mr. Purchase. I did not say before the magistrate that I saw something shining in Davis's hands; I did not say that only three shots were fired. Archer was not there at the time of the shooting.
Re-examined. I did not see where Johnson went before the shooting took place; he was about 18 ft. from Davis when the shots were fired; he was not near enough to stop the firing if he had wanted to.
JAMES FERRY , waste paper labourer. Before August 14 I knew none of the prisoners nor any of the witnesses except my young lady. About 8.15 on that evening I was walking in High Street with my young lady, when I saw a black man (Archer) in custody of two policemen: I was going towards White Horse Lane and they were going in the opposite direction. On crossing Ben Jonson Road I heard a report and turned round. I saw a flash and felt a tingling in my leg. I was taken to a surgery and from there to the hospital, where I remained 16 days. I do not know when I shall be able to resume work.
JOHN ROBERT SMITH , ganger, West India Dock, 6, Benbrook Buildings, Perfection Road, Poplar. During the strike in May and June I had been working. Of the prisoners I only know Johnson; he was a picketers and called people blacklegs as they walked out of the docks. He threatened me on two occasions. On August 14 I met Henderson, Downs, Archer, Nagel, and Thompson; two of them worked in a gang of which I was foreman. We went to the "A. 1." public-house. We saw Johnson with two or three men in Duckett Street. He called Downs a blackleg and struck at him with a belt; I did not see a glass at all. We then went to the "Crown and Sceptre," where I saw about
17 men drinking together; I only noticed Hoy, who put a revolver to my heart and said he had a good mind to let it go; he said, "I'll have your life for taking the bread out of our mouths." I did not see any of the prisoners there at the time; I was not there long enough to notice anybody especially. I got out, followed by my friends. Johnson, with two men, came round one of the corners and ran after me, hit me with a belt, and knocked me to the ground; I did not hear him calling out anything. He then ran after the others.
To Mr. Bryant: If a glass had been thrown by Johnson at Downs, I might or might not have seen it; I was looking after myself. Nobody attacked Johnson in my presence. I did not follow him to 22, Bale Street. I went straight to the "pub." I was alone when he struck me. I did not see Archer advance in a threatening attitude towards him.
GEORGE ARCHER , dock labourer, 38, Duckett Street. I was working during the Strike. I have known Davis and Johnson about two months; they were not working then. At about 5 p.m. I went with some friends to the "A.I." public-house—Dave, Downs, Smith, Nagel, and Thompson. On coming out Johnson in Duckett Street, said, "There go the f—blacklegs." I was a little way behind on the opposite side. I saw a row between two of them. Johnson pulled a glass from his pocket and threw it at Downs. He then ran, chased by Downs. I chased him also into Bale Street. He ran into a house and I stopped nearly opposite. A crowd collected and a constable came up. I and my friends then left and went into a public-house, where I saw Davis and Hoppus with 18 to 20 fellows. The barman refused to serve us. One of the men in the crowd said, "We can have a straight fight, or we can have this," and he produced a revolver cartridge. We then left and they followed us, insisting on having a row; one of them said, "You had better do it for them now." They made a rush, and I, leaving my companions, went to Old Road to the market. About 15 of them came after me, Davis and Hoppus being among them. Davis pulled out a knife and made a stab at me. I put my hands up and caught the knife. Johnson came up afterwards and hit me with a belt. A policeman came and took me into an eel-shop for safety. I had a shut-up pen-knife in my pocket, but I had no chance to get it out and use it or I would have done so; the constable took it from my pocket shut.
To Mr. Bryant: We did not all go out for the purpose of meeting Johnson. There was one other man with Johnson when we met him in Duckett Street; we did not set about him. I, myself, was never charged with anything. I did not stab Davis in the back. I never saw Johnson in the "Crown and Sceptre." I never heard anyone call out at the time of the row that I had stabbed Davis and that I had a knife and revolver in my possession. The constable came up shortly after Johnson did. I have never carried a revolver. I did not-make a rush at Johnson, and he did not hit me in self defence. I did not see any firing, but I heard it when I was with the constable.
(Wednesday, September 18.)
GEORGE ARCHER (recalled. Cross-examined by Mr. Purchase). I never saw Davis after the struggle. I did not rush up to him with a penknife in my hand and my hand did not get cut in his trying to get the knife away from me. I did not stab him in the back.
Re-examined. I do not know how Davis got stabbed in the back; the first time I heard about it was at the police court. When he was charged with stabbing me he said nothing about my having stabbed him. When Johnson came up I had already been stabbed.
HARRY MARTIN , licensee of the "Crown and Sceptre," Ben Jonson Road. On the evening of August 14 a large number of men were in my house; Davis, Hoppus, Hoy, with some six or seven of their friends were there first; they use my house. About half an hour later some 14 or 15 men came in. I could see there was going to be trouble, so I did not serve them; they started quarrelling. They were perfectly sober. The second batch were all strangers to me; among them was a black man. I heard one of the men say he would have a fight and I cleared the bar.
To Mr. Bryant. I do not know Johnson. I did not see him there.
WILLIAM CLIFF HODGES , M.R.C.P., L.R.C.P., House Surgeon, London Hospital. On August 14 James Ferry was admitted suffering from a bullet wound in the right thigh. I extracted the bullet. He remained in the hospital till the 30th. He will not be able to follow his occupation just yet.
FREDERICK MAY , foreman, West India Docks. I-know Davis, Johnson, and Hoy; they were working in the dock before the strike; during the strike they did not work. The strike began officially on May 24 and ended on July 30.
Police-constable WILLIAM ROSE, 34 H. About 8 p.m. on August 14 I was called to 22, Bale Street. In the rear of the house I found Johnson. He said, "I was coming along the street when I was assaulted by some blacklegs who I have been working with at the West India Docks." On my asking he said he knew who they were but he was not going to put them away. "Wait till me and my pals catch them; we will put it on them." I persuaded him to go away and we walked together to the corner of Ben Jonson Road, about 30 yards from the "Crown and Sceptre." Archer and Downs came our from there with several others and walked along the road. Johnson shouted, "Here the bastards are. Come on—let us put it on them." He took off a heavy belt. Davis and Hoppus and several others ran out of the public-house, joined Johnson, and they commenced a running fight with Downs and Archer. Archer ran towards White Horse Street, followed by Davis, Johnson, and the others. I followed, and at the corner of the street I saw Johnson striking him across the head with his belt. Archer shouted, "I am stabbed." Someone shouted, "Look out, constable, the black man (Archer) has got a revolver on him." I saw Archer taking out a closed pocket knife
from his pocket. Directly on my going up Johnson and Davis ran in the direction of High Street. I then took Archer, whose right hand was bleeding badly, to the station to have his wound dressed. This is the knife (produced) I took from him; it was unopened. There was no stain of blood on the blade. On the way to the station I heard six shots come from the direction of the bottom end of High Street. (No charge was preferred against Archer. Davis never spoke to me.) I turned round and saw Johnson running in the opposite direction from whence I came into Durham Row; at the time I saw him he must have been 50 yards from the shots; he was coming from that direction. I had just come out of Durham Row. I left Archer at the station. I then saw Johnson standing in the middle of the road, opposite the surgery, waving a belt with a large crowd round him. I told him he would have to come along with me, and he said, "All right, sir, I'll go quietly. They have done one of my pals in and I intend to do the same to them." When charged with causing grievous bodily harm he made no reply.
To Mr. Bryant. Nagel, Henderson, and Archer were about 100 yards from 22, Bale Street. I saw nothing of Davis's party when I went there. Johnson was not hiding in the yard. He did not enter the "Crown and Sceptre." Archer did not threaten him; on his coming out of the public-house he at once started to run away. I never heard anyone shout, "These are the men that done it on you just now. Why don't you do it on them?"On arriving at the row with Archer I did not hear anyone shout, "He (Archer) has got a knife and has stabbed Davis in the back." Johnson did not say to Archer, "Drop what you have got in your hand or I'll knock it out," and it was not because Archer refused to do so that Johnson struck him with a belt. Johnson did not accompany me part of the way to the station and then leave me saying he wanted to find his cap and would return to the station and charge Archer with assault. All I found upon him subsequently was a small knife. A statement was taken from him, but not in my presence.
To Mr. Purchase. I could not see clearly what passed between Davis and Archer as there was such a crowd. I cannot say who stabbed Archer or who stabbed Davis. I did not hear any other shouts other than those I have given in my evidence.
Re-examined. They were all attacking Archer when I arrived. I was in uniform and Davis could see me. When I arrived they all ran away.
FREDERICK SPUR , Acting Divisional Surgeon, H Drvision. At 8.45 p.m. on August 14 I was called to Arbour Square Police Station, where I found Downs suffering from a bullet wound in the right thigh. Archer had an incised wound on the palm of the right hand, caused by a knife. At 11.55 I saw Davis; he had an incised wound in the lower part of the back about a third of an inch deep, such as would be caused by a knife; it did not disable him in any way. On the 22nd I saw Henderson and found him to be suffering from a wound on the
left ankle, consistent with a bullet wound; there were also some slight abrasions on the neck, also consistent with a graze from a bullet.
To Mr. Purchase: Archer's wound may have been inflicted through Archer holding the knife being restrained from inflicting a blow with it.
Police-constable FREDERICK WHITTICK, 483 H. At 10.55 on August 14 I arrested Davis in Duckett Street. I told him that he answered to the description of a man wanted for being concerned with three others by the name of Arthur Davis in causing grievous bodily harm. He said, "That is quite right; my name is Arthur Davis, and I can prove where I was at the time." When charged he made no reply.
Detective CHARLES CHAPMAN, H Division. At 10.30 p.m. on August 14 I arrested Hoppus and took him to Arbour Square Police Station. On entering the charge-room Davis said, "Hullo, Hoppus, what do you think of the dirty bastards? They are going to charge us just because they got the worst of it. They had shooters as well as us. I wish I had had a knife. I would have used it on Downs."
To Mr. Purchase: I took a note at the time. I did not take down every word, but the words I have picked out are the exact words he used. I had no conversation with Burney as to the statement.
Re-examined. Davis said nothing to me about Archer having stabbed him.
Detective—BURNEY, 408 H, corroborated.
To Mr. Purchase: I heard nothing more and nothing less than the statement I have given in evidence.
Detective-sergeant GEORGE WRIGHT, H Division. I was present when Johnson, Davis and Hoppus were charged. When I mentioned Ferry's name Johnson said, "Who is Ferry? I do not know him. The other two got what they deserved." Davis said nothing. A statement was being taken from Johnson by an officer under the impression that he was a witness.
This concluding the case lor the Prosecution, Mr. Bryant submitted that there was no case to go to the jury as against Johnson. Counsel contended that the mere circumstance of a party going towards a place where a felony is to be committed in order to assist in the felony will not make him a principal in the second degree, unless at the time of the felony he is within such a distance as to be able to assist in it; from the evidence of Downs, Johnson was not in a position to render assistance if he had wished to do so. Further, it had not been proved that he was in "The Crown and Sceptre," and therefore it could not be assumed that there had been an agreement between him and others to commit the felony or that he was aware that any of his party had firearms.
Mr. Muir submitted that there had been a general felonious intention to inflict grievous bodily harm, and that if the jury were satisfied of that intention, the parties who were the conspirators combined for that purpose were responsible for the acts of each of them, although one of them might have gone further than the others had intended. (Archbold, p. 1346.) If the jury found that Johnson was party to a felonious attack with intent to do grievous bodily harm, he was responsible for the shooting, even in the absence of evidence that he knew that any member of the party was carrying a revolver.
The Recorder stated that, though there was no doubt that there was a considerable amount of ill-feeling which had led to a riot, and that there was a
considerable body of evidence that Johnson had used a belt, there was no evidence that he was aware that anybody had a revolver, and he did not think there was sufficient evidence to go to the jury that Johnson was engaged "with the intention of felonious assault." He would therefore direct the jury to acquit Johnson.
(Defence of Davis.)
ARTHUR DAVIS (prisoner, on oath). On August 14 I left work at about 6.45 and subsequently with about nine others went to the "Crown and Sceptre." About 17 men including Archer and Henderson came in. Henderson offered to stand drinks all round, but the barman would not serve him. They all walked out and went up Ben Jonson Road. I came out and went into White Horse Street, where I bought some apples from Mr. Hadley's fruit-stall. I was standing there when Archer came rushing through the Old Road with no hat on and an open knife in his hand. He rushed at me and I closed with him and he stabbed me in the back. I had no knife; I never carry one. I did not have a revolver. While we were wrestling a constable came up and someone shouted, "Archer has stabbed Davis in the back. Look out, he has a revolver and a knife"
The constable shouted, "Stand by me, boys," and took him into an eel-shop and took the knife away from him. I accompanied them as far as Durham Row. I then returned to Hadley and talked to him for about 20 minutes. I was with him when I heard the shots fired. I never saw Hoy at all after leaving the "Crown and Sceptre." I was present when Hoppus was brought into the charge-room, but I deny making the statement that the officers said I made; I made no statement at all.
Cross-examined: When Archer went into the eel-shop Johnson made a rush at him, but not before; I did not see him before that. I was the only one who walked up to White Horse Street. I did not see the others running. I did not run away when the constable came. I complained to him that Archer had stabbed me. I had no idea what I was arrested for; I was not charged with stabbing. I said to Sergeant Wright and others, when charged, that I had been stabbed. Henderson's evidence as to Hoy taking a revolver from me is untrue. I never saw a bullet produced in the "Crown and Sceptre," and I never heard Hoy say to Smith he would take his life. Downs's evidence as to my having a revolver is false.
CHARLES HADLEY , costermonger, 10, Hook Place. I have a stall in the market in White Horse Street; a little after 8 p.m. on August 14 Davis came and bought some apples. He stood talking about 15 minutes when Archer came rushing through the market place with an open knife in his hand. He rushed at Davis and they closed. He stabbed Davis in the back. Then the policeman came up and took Archer into the ell-shop. Davis stood outside waiting till they came out and then accompanied them through Durham Row to see, as he said, the constable "righted." I heard no shots fired.
Cross-examined: When I gave evidence at the police court, Hoppus, who is my brother-in-law, was in custody. Davis did not run away when the constable appeared.
ELIZA MORRIS , paper-sorter, 2, Hop Place. On the night of August 14 I saw Davis buying apples at Hadley's stall. He was there about five minutes when Archer came up and made a stab at him with a knife; he was followed by a crowd. Johnston struck Archer once with a belt. I did not see Davis after the constable had taken Archer into the eel-shop. I never saw a knife in Davis's hand. I know him by working in the same street.
Cross-examined. I have known Hadley about 10 years. I also know Hoppus. I never say DAVIS when the constable took Archer to the station.
BERNARD HIGGINS , warehouseman, 113, Duckett Street. Between 7.30 and 8.30 p.m. on August 14 I saw Henderson, Archer, Gross and Down in Ben Jonson Road. Archer had an open knife in his hand and Henderson a revolver. They went to the "Bull's Head" in Duckett Street, and the man they call "Scottie" pushed open the door. The Recorder pointed out that as this evidence related to matters before the offence was committed it was not relevant. Mr. Purchase agreed.
Verdict, Davis, Guilty of unlawfully wounding; Johnson ( by direction of the Recorder), Not guilty.
Sentence: Davis, Nine months' hard labour. Hoppus and Johnson were released on bail to come up for trial next Session on the further indictment outstanding against them.
BEFORE THE COMMON SERJEANT.
(Tuesday, September 17.)
DUMONT, Alfred (29, labourer); HOLDEN, William (31, labourer); and EARNSHAW, Gordon (27, labourer) , all feloniously wounding George Prosser, with intent to do him some grievous bodily harm; all assaulting the said G. Prosser, a police officer in the execution of his duty; all assaulting the said G. Prosser, with intent to prevent the lawful apprehension of the said G. Earnshaw.
Mr. E. C. P. Boyd prosecuted; Mr. H. W. Wickham defended Dumont.
Police-con stable GEORGE PROSSER, 226 D. For a month before August 5 I had been on point duty at the corner of Great Tichfield Street and Union Street. Dumont keeps a stall in the market in Tichfield Street. On August 5, at about 4 p.m., I was called to Tottenham Court Road Police Station, where, in the presence of Inspector Riddick, Dumont said that I had arrested him in the morning for loitering for the purpose of betting in Great Tichfield Street, and that I had released him on the promise that I was to get a sovereign. That charge was absolutely unfounded. In the morning I thought I saw
him take a betting slip; I went across to him and asked him what he had in his hand; he opened his hand, showed me two coppers, and said, "What is the matter? I have not got any betting slip." I. said, "All right, you are very smart; you have to keep your eyes open." He said, "Here, governor, I want to speak to you." He followed me along and tried to persuade me to take half a sovereign to keep my eyes shut. I said I did not want him or his half-sovereign, and if I saw him taking slips I should arrest him, the same as anybody else. I gave that explanation to the inspector. At about 7 p.m. that day I was on duty at my usual point, in company with Police-constable Smith, when I saw all three prisoners coming down Tichfield Street on the other side of the street. It being Bank Holiday evening the market was closed and the street was very quiet. Earnshaw was drunk; the other two had been drinking. They all looked at me in a leering sort of way; Dumont pointed me out to the others; Earnshaw said, "Oh, yes, I know that bastard." Earnshaw stopped about 50 yards away from me at the corner of Little Tichfield Street, while the others walked on and stood still about 30 yards further on. I walked slowly down on the apposite side of the road. When I got opposite Earnshaw he said, "Yes, you bastard, you are in for it." I walked quietly across the road to him, and said, "What is the matter with you; why do not you get away?"He said, "Not before we put you through it, for we are here to do you in to-night." All this was accompanied by very foul language. I moved a step nearer to him, and said, "Come on, get away." He drew back his shoulder to strike me, but instead of his striking me I was first, and I struck him in the throat, and want him back from me. He fell into a fighting attitude; I caught him by the back of the neck. Dumont and Holden then ran up, began punching me in the face and ribs, and forced me to let go of Earnshaw. I drew my truncheon and beat Earnshaw back. He then said to Dumont, "Give me that bleeding knife." Dumont put his band in his jacket pocket, pulled out a knife which was already opened, and went for me. I tried to strike his wrist with my truncheon. Just then I noticed Police-constable Smith behind me. He said, "All right, I am here now, mate; put your stick away; perhaps they will come quietly." I said, "Look out, this fellow has got a knife." Then they all three rushed at me; Earnshaw hit me in the jaw with his fist; I turned to hit him, when Dumont stabbed me in the groin. The blood flowed very freely; I became giddy, and went towards a chemist's shop; Holden followed me, and hit me in the face several times; I hit him on the head with my truncheon. The chemist rendered me first aid, and then I was taken to the Middlesex Hospital, where I remained half an hour while my wound was stitched up, and was then taken home and went to bed. I remained off duty for three weeks.
Cross-examined. I may have said to Smith, "I will go and shift them because they mean trouble," and then crossed the road towards Earnshaw. Before I crossed the road Earnshaw said, "You are in for it, you bastard." Had he not made that remark I should nor have thought of crossing the road. I be laboured all three of them with my truncheon. I never saw any blood on either of them. I never hit
Dumont on the head at all. I did not charge Dumont with betting because, in my opinion, I had not enough evidence that he had taken betting slips. He offered me half a sovereign to keep my eyes shut, he said he did bet, but he had not taken anything that morning. He said, "I have got a wife and eight children. I try to make a bob or two the best way way I can, you do not want to take any notice of me." He walked along with me for 10 minutes. I told him, "If you come interfering with me you will get yourself into trouble." I do not know Leaf or Thomas as betting men.
Police-constable WALTER SMITH, 491 Z. I am now on the reserve, but on August 5 was on special duty. At 7 p.m. I was in Great Tichfield Street with Prosser, he being on point duty and I on beat duty. The three prisoners came along on the opposite side; Earnshaw was drunk; he made some remark as he passed Prosser, and stood against a poet, the others passing on. Prosser said to me, "These men are come to do me in to-night," and went up to Earnshaw and raised his arm as if ordering him to go away; as he did not move Prosser pushed him away from the post he was leaning on. Earnshaw put himself in a fighting attitude; Prosser caught him by the collar; the other two came up and attempted to rescue Earnshaw, attacking Prosser. Prosser then drew his truncheon. I got up by this time, and laid, "Put your stick away, I am here with you now, it is all right." Prosser then laid hold of Dumont by the right shoulder. Dumont put his left hand towards the private parts of Prosser; Prosser then call out, "By God, he has stabbed me," and fell back. I put my arm put to try and save him; be turned and went into a chemist's shop I blew my whistle for assistance. I saw nothing in Dumont's hand. I saw blood on the ground. Police-constable Savory came to my assistance. I said, "I want this man (Dumont) for stabbing another police-constable." Dumont made no reply; he was then taken to the station. No knife has been found.
Crass-examined. Earnshaw was drunk but not incapable. When Prosser pushed Earnshaw neither of the prisoners had done anything to cause me or any other officer to interfere. Earnshaw did not put himself in a fighting attitude till Prosser pushed him. Prosser did not let go of Earnshaw until the other two rescued him; they had got him away.
Police-constable EDWARD SAVORY, 215 D. On August 15 at 7.15p.m. I heard a police whistle, went to Great Tichfield Street, and saw Police-constable Smith with the three prisoners; there was a considerable crowd; Smith had Dumont in custody; he said he wanted him for stubbing another police-constable, who had gone into a chemist's shop. Dumont made no reply. I took him to the station; Earnshaw and Holden followed on behind. Dumont made no reply to the charge.
Cross-examined. Earnshaw and Holden followed voluntarily to the station; they were eventually detained.
freely; he went behind the counter, threw himself on the ground and exposed wound on the groin. I stanched the bleeding, rendered first aid, and he was taken to Middlesex Hospital. He was bleeding profusely when he entered the shop.
HAROLD ALEXANDER , House Surgeon, Middlesex Hospital. On August 5 I examined Police-constable Prosser in the surgery; he had a stab wound in the right groin about half an inch wide, which could have been caused by a sharp pen-knife. It was a clean-cut wound just to the right of the femoral artery. He had lost considerable blood: his right leg was covered with blood. I stitched the wound and after a quarter of an hour or so he was sent home. If the wound had touched the artery it would have been very serious unless promptly attended to.
Cross-examined. A Yale key could not have caused such a wound in my opinion.
THOMAS ROSE , 60, Bloomsbury Street, Divisional Police Surgeon. On August 6 I attended Police-constable Prosser, he was suffering from a punctured wound in the groin. He was in bed for a week, and was not able to attend on duty until August 26. He is now recovered. It was a clean-cut wound, which must have been caused by a sharp instrument.
Cross-examined. It is absolutely impossible that the wound could have been caused by a Yale key.
Detective-sergeant THOMAS DURRANT, D Division. On August 5 I was present when Dumont was brought in to the Tottenham Court Road Police Station; the other prisoners came in of their own accord and were detained while I made inquiries. They were afterwards all charged.
Cross-examined. Earnshaw and Holden were in the station a considerable time; they were under observation.
Statement of Holden at the police court (read at his request): "At 7.15 it happened in Great Tichfield Street, when the constable got hold of G. Earnshaw at the bottom of Little Tichfield Street and held him by the neck, and then he pushed him into the middle of the road; when prisoner Dumont went to get Earnshaw away the constable drew his truncheon and tried to hit Dumont; then when I see what the constable was doing I went up and said, "Don't do it "; and then I got a hit on the left side of the head. I was dazed for the minute, but I got up, and all I see was the constable running into a chemist's shop.
ALFRED DUMONT (prisoner on oath). I live at 23, Wybert Street, Munster Square, and keep a fruit stall in Great Tichfield Street. On August 5 at 11 a.m. a man came up, gave me a bet, and asked me to put it on for him—a betting slip. I am not a bookmaker, but I take bets for a friend. Police-constable Prosser must have seen me take the slip; he came up and said, "Put your coat on and come along
with me." I did so. He said, "I am going to charge you with bookmaking. Of course you know my word goes before yours. You are sure to get fined £10 or a month's imprisonment. If you give me a pound I will let you go." I told him I would give him a pound, but I had only got 12s. now. He said, "I go off duty at one o'clock; meet me at the urinal at the corner of Foley Street at a quarter to one with the £1." I walked with him to the corner of Middlesex Hospital. It was Bank Holiday morning, I was busy, and I should not have left my stall if he had not have arrested me. I received certain advice and did not meet Prosser, but went to Tottenham Court Road Police Station at 3 p.m. and reported Prosser to the inspector. Prosser denied the charge. In the evening I was going to Hampstead Heath, and about 7 p.m. went to Tichfield Street with Holden and Earnshaw to call for some other friends. I saw Prosser and Smith at the corner of Union Street; we three crossed the road to avoid meeting them. Earnshaw stayed to make a cigarette, I and Holden walking on. I turned and saw Earnshaw against the post smoking. Prosser came across the road pulling out his truncheon, and struck Earnshaw with it across the arm. Earnshaw then tried to defend himself. I and Holden went back; I said, "Put your truncheon away." Prosser left Earnshaw and hit me on the ribs and on the head, breaking my hat (produced), which has the mark upon it; it was a new hat. I had a bump on my head. I had not attempted to interfere with Prosser. I was terrible dazed. I used no knife; I had none. I was arrested and taken to the station. I did not know that the others had followed. I was struck with the truncheon on the left arm. I showed my bruises to the doctor at Brixton; he said, "That is nothing, that will soon go away."
Cross-examined. I did not follow prosecutor or offer him any half sovereign. I told him I was not a bookmaker. I have been several times convicted; first on March 7, 1899, for stealing and burglary, when I was bound over; I was then about 16. On June 15, 1899 I received two months for stealing a box. On April 2, 1901, I had 12 months and six months for shop breaking. On February 9, 1904, I was convicted at North London of housebreaking and bound over; in May, 1904, I had six months for stealing; on November 7, 1905, nine months for housebreaking at North London; on March 8, 1907, 15 months for stealing. I have known the other prisoners for about four years. They knew what had happened with regard to the charge of blackmailing; Holden was at the stall when Prosser came up. The hat was not exactly new when I bought it a month ago.
(Wednesday, September 18.)
looking from my window facing little Tichfield Street; Police-constable Prosser came up and knocked Earnshaw off the post he was leaning on. Earnshaw staggered back and came up in a fighting attitude, Prosser took him by the collar, moved with him two or three yards, and then let go. He then drew his truncheon and struck at all three prisoners. I did not see Dumont strike Prosser or see a knife used; that must have been further down the street.
DOROTHY DENTON , 178, Great Tichfield Street. I know Dumont. On August 5 at 7 p.m. I was going through Great Tichfield Street, when I saw prisoner at the corner of Mortimer Street. Prosser went over and hit Dumont like a madman with his truncheon. He had not got hold of anyone else at the time. I then saw the policeman run to the chemist's shop. I did not see any knife used. If a knife had been used I should have seen it as I had got close up by that time.
MILDRED EDWARDS , 164, Great Tichfield Street. On August 5 at 7 p.m. I was looking out of my window, when I saw Police-constable Prosser cross the road and punch Earnshaw, who was leaning against a post. He turned round; Prosser drew his truncheon and hit him; Holden tried to part them; Prosser struck him as well. I did not see Dumont struck at all. I then left the window.
EDD NOYES , 160, Great Tichfield Street, tailor. On August 5 I saw Prosser talking to the prisoner at the corner of Little Tichfield Street; there was no row at all at the first. Prosser then took hold of Dumont. A crowd of people came out of the public-house. I saw Prosser hit Dumont with his truncheon—he was trying to defend himself, and Prosser struck him on the arm.
SARAH FARRANT , 7. Windmill Street, Tottenham Court Road. On August 5 at 7 a.m. I was with my husband in Mortimer Street, when we heard a noise and people calling out, "He ought to be locked up; he is mad." I then saw the officer flying about with his truncheon hitting Dumont; I thought he was mad. Dumont only put his hands up to ward off the blows. I saw no knife used; there were a lot of people around.
Verdict, Dumont guilty of unlawful wounding; Earnshaw guilty of assaulting a constable in the execution of his duty (recommended to mercy on account of the (provocation); Holden not guilty; all not guilty of felonious wounding.
Dumont since his release on. March 21, 1908, was stated to have worked honestly; Earnshaw a hardworking man.
Sentences: Dumont, Twelve months' hard labour; Earnshaw, Five months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
Mr. Coumbe prosecuted; Mr. David Rhys defended.
HERBERT M. CHENEY , builder and decorator, 10, Seymour Place. I have known defendant as a solicitor about 12 months. Previous to March last I recovered judgment against a Mr. Slocombe. I do not know how much he owed. I saw defendant about recovering the money. We arranged that he should collect the money at 12 1/2 per cent. I have received no money from him.
Cross-examined. I do not know that anyone gave evidence at the police court as to how much was owing on the judgment debt which defendant was to collect. Another solicitor attempted to collect the debt, but we were not satisfied with the way the money was coming in and that is the reason we changed the solicitor. The solicitor kept it on account of costs that had been, incurred. We wrote defendant on April 26. He called next day and said that he had a dishonoured cheque. We arranged that he should prove our mother's will. He was not to collect this money in order that he should have money to prove that will. The will has not been proved. As to work he did regarding that, I believe my brother gave him 11s., which he said was to get some preliminary forms, but that part of the business was done by my brother more than by myself. Defendant did not have conversation with my brother apart from myself. Defendant said the attestation clause was missing. No arrangement was made for a Mr. Green to make an affidavit. I cannot say why the will has not been proved. I did not tell defendant the reason we did not proceed with the proof of the will was because we had no ready money, and did not ask him to collect this money for the preliminary expenses. I do not know what happened between Mr. Slocombe and defendant, but Slocombe told me he had sent him this money. I wrote and told defendant this and he called next morning and said in my and my brother's presence that he had not received any money up to that date, April 27. I did not know always where to find him, because I sent him a registered letter, which was returned. I wrote several times after April 27, and could get no reply.
HARRY SLOCOMBE , 16, Old Quebec Street. In March last I was indebted to Messrs. Cheney in £16 14s. 6d., I believe. Early that month defendant called for the account on behalf of Messrs. Cheney. I think I then gave him something on account. On March 12 he gave me a receipt for £2, and for £0 on the 18th. I also paid him £2 on April 27, £2 on May 3, £1 on June 6, and odd amounts, making altogether £14 18s. 6d.
ARTHUR REGINALD MORGAN SAMUEL (prisoner, on oath). I was frequently in and out of Cheney's shop. In March Mr. Cheney. told me his mother was dead; that she had left a will, and asked me if it could be proved. I saw the will. It was imperfectly executed, and I explained to both the Cheneys that it would necessitate an affidavit by the attesting witnesses. They told me one was a Mr. Green, who lived at Willesden, and asked me to ascertain what the cost would be, and
to tell them what the procedure would be. I did so. I went to Somerset House, obtained the necessary forms, and explained the whole process. I told them as no executor was named it would probably have to be an administration. I asked who could take the grant; they said their father. He was so ill that I had to make his will. I told them it would be a fairly expensive matter, and that they ought to prove it at once. They said times were bad; they bad expenses over their mother's death and father's illness, and asked me to collect two County Court judgments. They did not know what the amounts were and I had to go to the County Court and find out myself. I had Mr. Cheney's authority to collect. I collected same money from a Mr. Polly and £2 cash from Mr. Slocombe, who subsequently gave me a £5 cheque, which was dishonoured. It was understood that the amounts I collected were to put me in funds to prove Mrs. Cheney's will. I received instructions to prove it. I was never asked at any time to hand the money to them. I told them next morning about the dishonoured cheque. They told me he was a slippery customer, and I should be clever if I got the money. I never concealed my address from them. I was seeing them three or four times a day for months.
Cross-examined. I am prepared to pay over the money. I have not it at this moment in my pocket. I cannot tell you where the £14 18s. is. I have not spent it or applied it to my own purposes. I can get the money. The reason I have not paid it over is that I have not been asked for it, and I thought I should be compounding a felony. I have not taken out a certificate this year.
Verdict, Not guilty.
CUDD, David (27, horse keeper), and PALMER, Thomas (26, plumber) , stealing a horse, a set of harness, and a wagonette, the goods of Edward May; receiving the same well knowing them to have been stolen.
Mr. Temple Martin prosecuted; Mr. G. Tully-Christie defended Palmer.
EDWARD MAY , carman and contractor, 9, Great Western Road, Paddington. On Saturday, July 27, I left a horse and wagonette safely locked up in the stable at between 9 and 10 p.m. Next morning at 9 I found they had gone, with other goods. I informed the police. I next saw them on Sunday night at 12.20 in the yard at Harrow Road. The horse had been beaten unmercifully and I could not use it for two or three days.
JANE STOCKS . On Sunday at 4 a.m. I was in Morland's Market, Shepherd's Bush, with a girl named Wootton. I saw Cud and Palmer with a horse and wagonette. They asked us to go for a drive. We went to Hounslow and back to Acton, where Palmer tried to sell the horse and wagonette at the "White Horse." Cudd told Palmer he would sell it for "half a nicker." I left them at 10.45 a.m. on Sunday. Cudd treated the horse very cruelly and kept it without food the whole time.
To Cudd. You had a soldier with you. On the road to Hounslow you met another young girl and a chap. They were not friends of
mine. They got up in the wagonette. At Bush Corner we all got out. You went Across a field. I stopped in the middle of the road with Palmer. Wootton complained of losing her watch. I did not know where it was then, but I did after we left Hounslow. We stopped in Gunners bury Lane, where Palmer stole some apples. After going to Acton we went to Shepherd's Bush.
To Mr. Tully-Christie. I cannot say what time we reached Hounslow. When I left prisoners they were drunk. They were sober when we met them.
NANCY WOOTTON , Sirdar Road, Notting Hill, corroborated. Sergeant ALEXANDER MCKECHNIE, X Division. I saw Cudd at the police-station on July 30 and told him the charge. He denied all knowledge of it. He said, "You are talking nonsense. I do not know anything about any horse and van. I do not know what you are talking about." He was identified by Stocks and; Wootton from amongst nine or ten others. He then said, "I plead guilty, it is quite right, but I never thought you would be able to find the two girls. Of course, you could not blame me for having a try to get out of it." A brooch was found in the neck of his shirt which one of the girls had lent him. I saw Palmer at 98, Fern head Road. He denied all knowledge of Cudd and everything. He was also put up and identified, when he said, "I am satisfied. I admit it." When charged he made no reply.
DAVID CUDD (prisoner, on oath). On this Saturday evening as this wagonette is supposed to have been stolen I met Palmer about 8.30. We were in the "Windsor Castle" till 10.30, when I left him. I went straight to my house in Chippenham Road, a matter of 10 minutes' walk. In Chippenham Road I met a man and had more drink till 12 o'clock, shutting-up time. We stood talking for half and hour, then adjourned to the coffee-stall opposite Chippenham Road. I was there about three-quarters of an hour, when two young men drove up in a wagonette. I knew one by working with him as a horse keeper at Pickford's. He wanted to borrow a knife. That is how I got in conversation with him. While talking Palmer came along on his way home. I said, "Hullo!" in an ordinary sort of way and called him over to us and asked him if he would go for a ride. He said, "Where are you going?"They said, "Paddington. We are going to fetch some horses off the rail." With that we all got up in the wagonette and drove to a coffee-stall the other side of Praed Street. Palmer was fast asleep in the wagonette. Then the men got out of the wagonette and called for coffee for themselves and me. They got in conversation with two young women. While they were talking Palmer woke up. We had more coffee and stood talking. Presently these two young men called me, and said, "Would you mind stopping with the wagonette till we come back; we are going round Bull Street with these young women." I knew by the conversation that these young women were not of any class, and with that I stopped there. Me and Palmer stopped gossiping for a matter of an hour or more. I got a bit dubious about this wagonette, and said
to Palmer, "Let us go and see if we can see them." We drove round there but could not see them. Then I drove to Paddington Station, the side where the trucks come in with, the horses. I could not see them. Then I said in an ordinary sort of way, "We will go for a ride." That was just the start of the lovely feat we have committed. At the Marble Arch we met the soldier who asked for a lift to the Bush. When we got to Shepherd's Bush we met these two young women. The soldier was sitting in the bottom of the wagonette. He put up his hand and they came across. I said, "What's the matter, can't you get in, old dear?" She says, "No, I have lost my key." I turned to Palmer and said, "That's an old tale, these night birds losing their key." They got up in the wagonette and said they had friends at Hounslow. I said if we got to Hounslow we might all have breakfast. At Hounslow the stout one, when I asked where those friends lived, said, "I have come down to see some of those jolly soldiers. That was the idea of us coming to Hounslow." What she says about ill-treating the horse it is absolutely false. I have worked amongst horses all my life. I bought the horse food twice. The horse never done more than twenty miles unless he went round and round the town before we see him.
FREDERICK PALMER (father of Thomas Palmer). I have been a pianoforte porter several years. I saw my boy in the "Windsor Castle" at about 11 p.m. on Saturday, July 27. I did not see Cudd. I remained with my son about 10 minutes. I met him again about 11.30. Verdict, Cudd, Guilty of receiving; Palmer, Not guilty.
Previous convictions were proved against Cudd.
Sentence: Twelve months' hard labour. Other indictments were ordered to remain on the file.
BEFORE MR. JUSTICE LUSH.
(Friday, September 13.)
Mr. A. W. Ganz prosecuted; Mr. Tully-Christie defended (at the request of the court).
ETHEL CLARKE , draper's assistant. On August 28, about 10.40 p.m., I was walking along East Dulwich Road, when a man came from behind me very quickly and drew some sharp instrument across my chin; he had his arm round my neck, forcing my head back. I cannot recognise the man.
Police-constable JOSEPH BURNS, 680 P. In Lordship Lane I saw prisoner and Thomson. The latter said, "I wish to charge this man with attempting to cut a girl's throat in East Dulwich Road." I told prisoner I should take him to the station pending inquiries; he said, "What—again?"In reply to the formal charge prisoner said, "That is all right."
Cross-examined. He made no attempt to resist arrest. Detective WALTER MAYNE. I saw prisoner detained at East Dulwich police station, about 11.20 on August 28. He said, "What am I here for?"I told him the charge, and he said, "That is. all right." On searching him I found no weapon. I was looking at some red stains round his finger nails, when he said, "That is blood." In East Dulwich Road, about fifty paces from the place indicated by prosecutrix as that at which she was attacked, I found his knife (Exhibit 1). This was shown among a number of other knives to Miller, and he identified it. In Lordship Lane, just about where prisoner was arrested, I found a broken table knife and a rag with red stains.
Cross-examined. I have found out that prisoner has attempted to commit suicide.
Dr. ALEXANDER M. WATT. Miss Clarke was brought to me about 10.45 p.m. She had a large deep incised wound across the lower part of the chin, about 4 inches long and extending in part to the bone. This could have teen caused by the knife, Exhibit 1.
Prisoner's statement before the magistrate. "With reference to that knife with the string on it, I used to rent a shed from the boy's (Miller) mother. The knife I used for my work had no string round the handle. All my tools or the majority of them were deployed in my fire. After the fire I went to see what tools I could find, but I brought away no knife with me. This young lady is a perfect stranger to me. I do not know her at all, and I have no recollection of having a knife and no recollection of this affair whatever."
SIDNEY REGINALD DYER , medical officer of Brixton Prison (called by Mr. Tully-Christie). I have had prisoner under observation since August 29, and have had many conversations with him. He is a chronic epileptic; he has had fits ever since his early youth, sometimes as many as three or four a week. He was very excited and at times incoherent, agitated and emotional. On September 4 he had a fit in the prison hospital. His family history snows that several relatives on his father's side suffered from epileptic insanity, and he himself on one occasion attempted suicide by taking carbolic acid. I consider that he is now insane, and that at the time of committing this offence he was insane and not responsible for his act. He is a very dangerous lunatic. Verdict, Guilty but insane at the time, so as not to be responsible for his act.
Ordered to he detained during His Majesty's pleasure.
Prisoner pleaded guilty.
On September 1 prisoner, during a drunken quarrel, struck deceased (with whom he had lived for 18 years and who had eight children by him) a violent blow; she had three ribs fractured and died two days afterwards. The post mortem examination showed that all the woman's organs were healthy except the lungs; the ribs having been broken had penetrated into the pleura; there was blood in the pleural cavity; this had set up an acute stage of bronchial pneumonia; death had no doubt been accelerated by the fracture of the ribs. Prisoner bore an excellent general character and had been kind to his wife except when in drink.
Sentence: Four months' imprisonment, second division.
Mr. L. A. Lucas prosecuted.
ELLEN BARRETT . I am a married woman. My husband came out of prison this morning after doing six months' imprisonment. I have been living with prisoner's husband for about eight weeks; I knew that he was marred. On July 29 I had been out with him and my little boy; we were returning home to Campbell Road, Holloway. I had almost reached homo when I felt the fluid in my face. I saw prisoner with a small brown jug in her hand. The fluid injured my right eye and my mouth and lips. I am now quite recovered.
Cross-examined. I am on good terms now with prisoner and it is my plea that she be dealt with as leniently as possible. I can quite understand her feeling. I might have done the same thing myself if I had been put in her shoes.
Police-constable WILLIAM SPENCER, 616 Y. On July 29, about 11p.m., I heard a police whistle in Seven Sisters Road. On going up I saw prisoner and prosecutrix; the latter said, "She has thrown something in my face." Prisoner, who seemed in a very excited state, said, "It is spirits of salts." I took prisoner to the station. On the way she said, "She won't ruin another woman's home." She is a perfectly respectable woman.
Cross-examined. She made no attempt to escape, but she was struggling very violently with her husband when I arrived.
MICHAEL JOSEPH BOULGER , divisional surgeon I attended prosecutrix at the station. She had a burn on the lips and tongue, also on the conjunctiva of the right eye and that of the left eye, also on the right leg. These may have been caused by spirits of salts. That is a very dangerous corrosive; it burns very quickly; if it had gone on to the pupil of the eye it would probably have destroyed the night altogether. Prosecutrix has perfectly recovered now.
LILY ELIZA EUGENIE KING (prisoner, on oath). On June 8 prosecutrix came to my house and told me that she intended to live with my husband. I asked her to think of my baby, he was so young, 10 weeks old. She said, "If your husband cannot get work I will keep him without work." On July 29 I had been at work from the early morning till past nine at night. I went to the oil shop and bought twopenny worth of spirits of salts. My father had told me that my husband and prosecutrix were living together in Campbell Road. I went on the tram to go there to see if they were living there. I saw the two of them walking and I threw the spirits of salts at prosecutrix. I did not intend to do her any permanent injury; I did not think it would hurt her to much. I thought perhaps my husband would come back and look after baby. I am very sorry indeed for what I did.
Cross-examined. I bought the spirits of salts to throw over the prosecutrix. I was very much worried. I had been in the workhouse with my baby.
Verdict, Guilty, under extreme provocation, of burning, but without any intention of doing permanent harm.
Sentence: Four days' imprisonment (as from first day of session).
Mr. E. L. Had field prosecuted.
Prisoner pleaded guilty, but said that he had no intention of doing deceased (his wife) any real injury. The coroner's jury had added to their verdict a rider expressing the opinion that prisoner "laboured under great provocation at the time the blow was struck." The medical evidence was that the blow merely accelerated death. Prisoner has been twice convicted of drunkenness and assault, the last time in 1911. Recently he had been doing honest work and his employers gave him a good character.
Sentence (September 16): Six months' hard labour.
Mr. Penry Oliver prosecuted.
ALBERT WALTER HALES . Prisoner lodged with me at 10, Oak Street, Woolwich. On August 25, about 12.30 a.m., I heard prisoner rushing from his room to (the front door; he said, "I have done it now; I have set the b—house afire." In his room I found the hangings round the fire-place, and some pictures had been burned and the walls were scorched. At this time there were seven persons in the house. Prisoner was under the influence of drink, but was not drunk.
Police-constable ALBERT REEVES, 584 R, who arrested prisoner, stated that on the way to the station he said, "I am very sorry; I was lighting a cigarette." Prisoner had been drinking.
Inspector FRANCIS SALE, R Division, said that in reply to the formal charge prisoner said, "I took the clock off the mantelpiece and put it
on the table, so that it should not get burnt; my mother gave it to me."
Prisoner's statement before the magistrate. "It was not done for the purpose."
This concluding the case for the prosecution, the jury at once returned a verdict of Not guilty.
Mr. Cohen prosecuted; Mr. Tully-Christie defended (at the request of the Court).
HENRY FRANKS , 76, South Road, Hackney, cabinet maker's foreman. On August 31, just before 1 p.m., I was in Grove Road, when I saw prisoner; I had known him for 17 years. He had previously threatened me, as I tried to avoid him. As I was in Old Ford Road I heard him running up behind me. I spoke to Burgess, who was a stranger to me. Prisoner came up and said to me, "I want a private interview with you "; I declined to speak to him. He grasped me by the throat with one hand; with the other he pulled a knife from his pocket and made a plunge at me. I wrestled with him and threw him to the ground. The knife did not reach me.
Cross-examined. I believe prisoner has had a personal animosity against me for some years because I have refused to give him employment; there had been no open quarrel.
Police-constable WILLIAM TAYLOR, 325 J. I saw prisoner in Lauriston Road, and asked him to go with me to Franks's factory; he said, "I will kill both the bastards "; he was looking at the man who had fetched me, Edward Smith. When charged prisoner said, "My intention was to do the pair in; I went into 20 or 30 shops yesterday in the New Cut to buy a shooter, but as I had not got ten bob for a license I could not get one."
WILLIAM RATTENBURY . I was walking along Old Ford Road when I heard a scream of "murder." I saw prisoner and prosecutor on the ground, the former with a knife in his hand, the point upwards I ran over and took the knife from prisoner's hand. Verdict, Guilty.
Prisoner confessed to a conviction of felony, at this Court, on September, 1911.
(Saturday, September 14.)
for 20 years; he was employed by my brother, my foreman polisher, occasionally, the last time being 18 years ago. Prisoner has occasionally obtained financial help from me. Franks is my manager and foreman. On July 27, 1911, I last assisted prisoner. On Wednesday, August 28, 1912, he called; I said, "Hullo, are you at liberty again, how long have you been at liberty." He said, "Since Monday. Have you lost anything, then?" I said, "No, I was only somewhat surprised to see you." He said, "I am come to tell you I want to accuse you of bribing the officials at the Old Balley because you did not appear in answer to my subpoena in September, 1911." Prisoner was tried in July, 1911; I was not called as a witness. I have never attempted to bribe any official in this court. I said to prisoner, "You don't mean it, it is absolutely absurd making a charge like that against me." Prisoner said, "Don't think we are friends or that your foreman Mr. Franks and I are friends. I shall enter an action against you for damages." I said, "Very well, my friend, make it as heavy as you can while you are about it." He said, "You will hear further of this. The civil courts are not open at present, but I shall enter an action against you and you will hear from proper quarters as to what will be done." He left. I next received the letter produced signed "George Davis," which I identify as prisoner's handwriting, apologlsing for hasty words said in the heat of the moment and saying that I and Mr. Franks need have nothing to fear. On August 30 I received another letter written by prisoner dated August 29, stating, "Just a few words to you and your foreman Mr. Franks to inform you that if you do not pay me personally a sum of £200 by six o'clock on Monday evening next as recommence to the false accusation which you made against me on the 28th July, 1911, by aiding and abetting Mr. Franks to put certain tools into my coat pocket in order to get me falsely imprisoned, I shall deem it my duty upon the provocation I have received at your dirty hands to take the law into my own hands by wiping you and your dirty colleague off the face of the earth. This is final. Trusting you will favour me with an early reply." I have never made any accusation against the prisoner.
Cross-examined. I was afraid of prisoner. I was positively amazed; I handed the letter to the police, as I thought I had had enough of this man and that the sooner I got shut of him the better.
Five previous convictions were proved, with sentences including three years' penal servitude on July 12, 1904, and on September 5, 1951, 14 months' hard labour for shop-breaking.
Sentence: For attempted murder, Ten years' penal Servitude; for demanding with menaces, Seven years' penal servitude; to run concurrently.
BEFORE MR. JUSTICE LUSH.
(Monday, September 16.)
ARTHUR CHARLES WILLARS , boot repairer. On August 5, about 6.30 p.m., I was in the "Murray Arms," Durham Road, Holloway, with West. Prisoner was there having a dispute with some oilier men about harvesting. West and I left. As we were walking along prisoner came up with Smith; prisoner said he would fight the best men there was in Durham Road; I said to prisoner, "We don't want you "; West said, "Come round my back yard and I will have 15 minutes with you." Prisoner said, "I'll give you back yard, you bastard," and struck him a blow in the stomach and another on one forehead. west staggered, but I did not see him fall, as I was repeating to Smith that we did not want anything to do with them. Prisoner pulled off his coat. and went up to West in a fighting attitude, saying, "You have got to have it," and he hit him a heavy blow in the jaw. West fell. I turned to prisoner and said, "You dirty cur, you have knocked him out." Prisoner made off. He was not sober.
Cross-examined. When West said "Come round and I will have 15 minutes with you," I did not understand that he referred to fighting; I thought he meant to continue the argument about harvesting. I never saw West strike prisoner in the public-house. West never raised his arms.
ALBERT EDWARD NEWELL (a boy, 11 years old). I was outside the "Murray Arms." I saw prisoner standing in the street by the public-house doors. West came out and stood still for a moment. Prisoner said, "If you don't go home I shall floor you." The two walked across the road. Prisoner took off his coat and struck West on the chin and in the stomach. West fell against an iron gate. When he got up prisoner said to him, "Shake hands and have a drink along of me "; West said, "No." Prisoner then hit him again, and he fell to the ground. Prisoner put on his coat and walked away. West made no attempt to defend himself.
Cross-examined. After the second blow West did put up his hands to strike prisoner.
GEORGE SMITH said that after prisoner left the "Murray Arms" West followed him, and saying, "Come on," sparred up and made to hit him. Prisoner knocked the blow off and struck him twice in the chest. They again sparred up and prisoner hit West a blow in the chest; he fell against a wooden partition.
Cross-examined. It is fair to say that from start to finish West was the man who was most offensive. The blows struck by prisoner were not vicious—just ordinary (blows, as in the case of two men fighting.
Mrs. SARAH GREENE, another eye-witness, said that prisoner struck the first blow; deceased did not return the blow.
Divisional-inspector ARTHUR NEAL. On the morning of August 6 I saw prisoner at Holloway police station, and told him with what he would be charged. He said, "Yes; I am sorry; I have come here voluntarily to tell the truth; I went to work this morning as usual, but I did not hear of his death until about 8 o'clock; I left my work and went home; I was queer all day; I heard inquiries were being made by you; I thought I would go to the station." He then made a statement which I took down in writing. (Statement read: "I was in the public-house; West was arguing loudly with other men, and appeared to be quarrelsome. Thinking he was in fun I laughed rather heartily at something he said. He struck me a heavy blow in the stomach. Later, when I got outside he again struck me a violent blow. I lost my temper. I struck him on the shoulder and he. fell on the pavement. He got up and we sparred, and he fell again. ")
Dr. SCUDAMORE, who saw West about 8 p.m., and afterwards made a post-mortem examination, said that death was due to hemorrhage at the base of the brain; this was due to a violent concussion, but whether the result of a violent blow with the fist or to a fall it was not possible to say.
Verdict, Not guilty.
LAWRENCE, Alice (23) , feloniously setting fire to a certain house in the possession of Samuel Blooman, with intent to injure him; second count, with intent to defraud; stealing and receiving 14 goblets, a spice box, and other articles, the goods of Samuel Blooman .
Mr. Beaufoi Moore prosecuted; Mr. E. J. Purchase defended.
Prisoner pleaded guilty to the indictment of larceny.
SAMUEL BLOOMAN , 1, Colberg Place, Stamford Hill. On the morning of August 14 prisoner, who had been with my family as a domestic servant for two months, was left by me in charge of the house; there was no one else on the premises. I received a message by telephone in the afternoon and on getting back found that the place had been on fire. Prisoner had no key. Her business (while my family were away) was just to make my breakfast, clear up the place, and leave.
very little while she said she had to go out again to get some fish for her master's tea; she went out and returned just after six.
HAROLD HARDY , officer at the fire brigade station at Stamford Hill. On August 14 we received a call at 5.53 p.m. I arrived at 1. Colberg Place at 5.57. I found three separate fires: one in the first-floor front room, another in the back room, and a third in the cupboard on the landing; I should say they had been burning about a quarter of an hour.
Cross-examined. Only the stuff in the rooms was burning, not the place itself, but the fire bad caught the paintwork of the wall in the back room.
Detective-sergeant GEORGE PRIDE, M division, after detailing what he found had happened upon arriving at the fire, said that he afterwards saw prisoner and asked her what explanation she had to give of the fire and the loss of the property which Blooman had reported. After being cautioned, she said, "I come in at seven in the morning and have done when I have finished, sometimes before dinner and sometimes after. I went away about three o'clock and the house was all right when I left. A person called before 12 to clean the doorstep; I told her I had done it myself. Then two men called and said they wanted to clip the hedge; I said I did not want it done. The area door was open all the morning. When I came upstairs the men were in the scullery. They went out but I did not close the door after them. Mrs. Blooman is away on her holiday. I did not ask the men what they were doing in the scullery. I pulled the door to and thought it was fastened." After further inquiries I told prisoner she would be charged with the arson and the larceny, and she made this further statement: "I do know something about it. I did not set fire to the place. A chap I know who has proved a very good friend to me asked me if I could do him a turn. I said I could not as I had not any money; he said I could lend him something out of the house and he could replace it. I then gave him a case of silver spoons; this was some little time ago. He said he could not put it back and I said he would have to. Yesterday he came and said, 'As one thing is done we may as well finish it, and I let him have all the lot. It was about dinner time; he had a conveyance a little distance away and carried the things out. The last thing I saw of him was just after four. After he had taken the things away he said, 'As we have done it, don't you think it would be best to set fire to the place, and perhaps they would not find it out.' He lighted the fires and took the stuff away."
ALICE LAWRENCE (prisoner, on oath) said that six months ago she met a man—an Italian who gave her the name of Ludwig Tifany—at a skating rink. He had followed her about for the last two months and called at the house one day and asked her if she had got any money to lend him. She said she had not, but would give him something be could raise money on if he would replace it. She gave him a case of spoons, but he did not replace them. She told him he would have to
return them or she would get into trouble. The man replied, "If you get into trouble for a small thing, you may as well for the lot." On August 14 he came to the house, and under his instructions she agreed that the things should be stolen. She went to the pawnbroker's and pawned some of the articles, but she never went back to the house. She got £2 for the articles she pledged and she gave the money to the Italian. All she had for herself was 1s. At half-past five that afternoon she met the man and told him she was terribly upset. He said, "If I set fire to the place perhaps they would not know." She replied, "Don't you mention anything of the kind to me." Prisoner added that she admitted stealing the things, but she never took any part in setting fire to the house.
Verdict, Not guilty of arson.
The police gave prisoner a very indifferent character; they expressed the opinion that no man had been concerned in this case; the value of the articles stolen from Blooman was about £100.
Mr. Justice Lush said he would postpone sentence (on the larceny indictment) till next session, in order to give prisoner an opportunity of giving information which might lead to the recovery of the stolen property.
BEFORE MR. JUSTICE LUSH.
(Thursday, September 12)
The Grand Jury had thrown out the Bill for manslaughter, and, the prosecution offering no evidence on the inquisition, a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Thursday, September 12.)
Mr. Metcalf prosecuted; Mr. Turrell defended.
WILLIAM ALFRED CLARK , clerk, India Steam Navigation Company. I am no relation to prisoner. At 10.45 a.m. on August 10 (the strike was then on) I went to the "Railway Hotel," Silvertown, to buy some beer, taking four empty bottles with me to get filled and take back to the dock. Prisoner, a stranger to me, took one of the bottles from my
pocket, saying, "You are blacklegging—taking the bread out of my mouth." He asked me far my card and I showed him my Insurance card. He said he wanted to see my union card and I told him I did not belong to any union. He said he wanted a pint of beer, and I paid for one for him, because I was frightened. Another man put a penny on the counter to pay for some beer and prisoner told him to pick it up and let me pay for it. I did so. I was served with my beer. I was putting the bottles in, my pocket, but prisoner pulled them out as I did so. I was about to leave, when he pulled me back and said, "Come back; I haven't done with you yet." He made me hold my arms up, saying he would kill me if I did not, and I did so as I was frightened and he took 3s., a ticket, and a knife from my pockets. He then pushed me on a seat between two other men, took his own knife from his pocket, opened it and said, "You know what I have a good mind to do to you now, don't you?"I said, "No." He said, "Well, I have a good mind to kill you." The barmaid called out and two men got hold of his arms. I rushed out and told a policeman outside. Prisoner was not drunk, but he had been drinking.
Cross-examined. Prisoner was quite close to the policeman. He handed the things he had taken from me to him. I left my bottles of beer in the public-house. None of the other men in the public-house interfered with prisoner when he was robbing me. The barmaid saw all that happened, but she only called out when he produced a knife. I suppose she thought the joke was going too far. As soon as I got in prisoner began larking with me; I did not regard it as a lark.
MABEL SADDINGTON , manageress, "Railway Hotel." On August 10 I was in charge of the bar, when I saw prisoner searching prosecutor in the public bar; prosecutor had his arms up. He cook what sounded like money and some beer from him. He then pushed him on a seat and put something to his head; I could not see what it was; it shone. I ran for the manager, who was down in the cellar. On my return prisoner had gone and prosecutor was just going through the door.
Cross-examined. About three or five minutes elapsed between when I saw prisoner searching prosecutor and when I went for the manager. I thought it was a joke; but prisoner began to use such bad language that it roused me. What made me go for the manager was his putting the bright thing to prosecutor's head.
Police-constable ALBERT GIRLEY, 610 K. At 9.45 a.m. on August 10 I was on duty near the "Railway Hotel," when prosecutor came up and made a complaint to me. He pointed out prisoner, who made off very quickly away from me towards the Custom House. I stopped him and said I had reason to believe he had "done a man down" in a public-house. He said, "Yes, I admit that. He has been blacklegging," and handed me 2s. 8d., a knife, and a brass check. On the way to the station he said, "I am the man that done it." He had been drinking, but was not drunk. When charged with obtaining money by menaces he said, "I will uphold that." In searching him I found this pocket-knife and 2d.
Prisoner confessed to a previous conviction of felony at the Thames Police Court on November 24, 1902, when he was bound over. He was stated to have a good character, and at the time of the offence was on strike.
Sentence: Nine months' hard labour.
BRFORE THE COMMON SERJEANT.
(Thursday, September 12.)
DENNIS, Albert (19, seaman), and SMITH, George (18, seaman) pleaded guilty , of breaking and entering the dwelling-house of May Simpson and stealing therein a quantity of cigarettes and other articles, and about 10s., her goods and moneys.
Prisoners were stated to be of good character.
Smith was released on his own recognisances, and those of Mrs. Thornton (his mother) to come up on the first day of next Sessions and report himself. Dennis (who stated that he could get immediate employment on a ship) was released on his own recognisances to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 12.)
WILLIAMS, Charles Alfred (33, carman), HILLER, William (34, carman), and DEATH, Frank (42, carman) pleaded guilty , of stealing a quantity of oak flooring, the goods of William Gower and feloniously receiving the same.
Hiller and Death each confessed to a previous conviction. Other convictions were proved.
Sentences: Williams, Eight months' hard labour; Hiller and Death (each), Ten months' hard labour.
BEFORE MR. JUSTICE LUSH.
(Friday, September 13.)
Mr. Tully-Christie prosecuted; Mr. Cohen defended (at the request of the Court).
ANNIE NASH , widow. I have-kept company with prisoner on and off for about four years. On July. 18 I saw him in the morning and he sent me to a lady doctor. In the evening I saw him about nine o'clock.
We went to a public-house and stayed there till just on 11 o'clock. We then went to my sister-in-law's house, 78, Bonner Road, Canning Town. While I was in the kitchen prisoner asked me if I was going home. I said, "Yes, in a minute "; he went out at the back for a few minutes and on his return the first thing I felt was blood on my forehead.
Cross-examined. He has always borne a perfectly good character and is a hardworking man. He was rather jealous of me. He seemed very much upset on this day. I cannot say whether he might not have intended to use the revolver upon himself. I do not think he knew what he had in his hand. He has always been very good to me. He paid the money for me to go to a lady doctor.
Mrs. ALICE MARIA SMYTHE. Prisoner is my brother and lodges with me. On this evening I left him and Nash in my kitchen while I went to the street door. Very shortly afterwards I heard a revolver shot from the kitchen. I ran into the street and fainted. Later on I went into the kitchen and there saw prisoner lying on the floor with a revolver beside him. I had never seen the revolver before.
Cross-examined. Prisoner was a perfectly peaceable man. On this cay I had gone with Nash to the lady doctor. Nash is suffering from cancer. I told prisoner that from what the lady doctor said, it seemed that Nash might not live: this upset him very much. He was very much attached to Nash and intended to marry her if he could.
SIDNEY NASH . I was standing outside 78, Bonner Road when I heard a shot. I ran into the passage and met Nash. She said, "Oh, he has done it; send for a doctor." I went into the kitchen and there saw prisoner lying on the floor bleeding." He said, "Send for a doctor." I said, "What have you done?"He said, "I have done it."
Cross-examined. When he said, "I have done it," I do not know whether or not he meant that he had shot himself.
Police-constable GEORGE WILKINSON, 41 K. On July 18 about 11.40 p.m. I saw Nash. From what she told me I sent her to a neighbour. I went into the kitchen at 78, Bonner Road, and saw prisoner lying on his face. He had a wound in his head and was quite unconscious. After the doctor came prisoner recovered consciousness for a minute and said, "I have just come home from the colonies. I love this girl as I love my life. I did this with the revolver. I shall say no more." On the table I found a piece of paper on which was written, "I leave my bank money to Y. Y.—Arthur Lepley." On searching prisoner I found in his trousers pocket a box containing 40 live cartridges.
HAROLD F. VELLACOTT , house surgeon at Poplar Hospital. In the early morning of July 19 I examined Nash. She had a wound on the right forehead close to the margin of the hair, going down to the bone. It was a very slight wound and we should not have kept her in the hospital for it, but she had other trouble and we kept her for 10 days.
Cross-examined. It is possible that the wound might be the result of an accident. Prisoner himself was admitted to the hospital on the same night and did not leave till August 6. On his admission he smelt
very much of alcohol. He had to be trepanned the next day. (To the Court.) Nash's wound was not a punctured but a glancing wound.
Inspector BURROUGHS. I received prisoner into custody from Poplar Hospital on August 6. On my charging him with attempted murder and attempted suicide he said, after being cautioned, "I am very sorry indeed this has happened. I do not remember anything about it. I did not intend to do her any harm." This is the first time I have been charged with any offence. I have a drop to drink or I should not have done what I have done."
Cross-examined. The inquiries I have made show that prisoner has an excellent character.
Verdict, Not guilty.
To an indictment for attempting to commit suicide prisoner pleaded guilty. He was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Monday, September 16.)
Mr. Tully-Christie prosecuted.
NORAH MATTHEWS , wife of Robert Matthews, 40, Lower Road, Plaistow. Between 2 and 3 p.m. on July 3 I was in my kitchen, when I heard a bother at the door. I went downstairs and saw prisoner's wife beating my daughter, Mrs. Espiner. Prisoner went out into the road with my husband to fight. I tried to part the women and prisoner came to the kerb and kicked me on the leg, saying, "You b—cow." I fell down and was taken to the hospital. He ran indoors (he lives next to me) and shut the door; on his way he struck my daughter.
Cross-examined. Prisoner had his coat off, but my husband had not. They went into the road to fight, but they did not do so. My daughter and I did not assault prisoner's wife and she did not give her a push, causing me to fall and break my leg.
ROBERT MATTHEWS , rigger and seaman. I am the husband of the last witness. Between 2 and 3 p.m. on July 3 I was at my street door, when prisoner came out from his door and I asked him what he was taking a great interest in my welfare for. I said I had been to Newport watching a ship, and he said, "You lie, you b—bastard; you have been blacklegging." The strike was on, but I was not a striker. He hit me in the mouth and we went into the road. He has been living next door two or three months and he has never done a day's work during the time. We stood up to have a fight, when he ran from me and kicked my wife, who was standing on the pavement. He ran indoors and on his way struck my daughter.
Cross-examined. When he called me a blackleg I was going to show him my papers to prove that I was not, when he hit me. I did not go to his house and call him. His wife did not then say that they did not want me.
ANNIE ESPENIR , daughter of last witness. At 2.30 p.m. on July 3 I was at our street door, when prisoner called my father a blackleg and punched him on the nose. They went into the road to fight. Prisoner then ran from father and kicked mother on the ankle. As he ran indoors he punched me and gave me a black eye. Police-constable ALBERT AUST, 889 K. At 3 p.m. I saw prosecutrix lying on the footway, suffering from a broken leg. She was put on an ambulance and taken to the hospital by another officer. I then went to No. 34, Lower Road, and Mrs. Espenir, in the presence of prisoner, said, "This man was fighting with my father. He called him a blackleg. Me and mother tried to stop them. He kicked mother on the ankle and she fell down. He then punched me in the eye." Her eye was badly bruised. Prisoner said, "I did not kick her. He is a b—blackleg and he swore blind he would shoot me. We had a fight." I took him to the station. When charged he said, "I did not kick her—that is what she says." All parties were sober.
MENDEL MYERS , house surgeon, St. Mary's Hospital. On July 3 prosecutrix was brought in suffering from a simple fracture of both bones of the leg in the lower end. She was detained till August 14. She is still attending as an out patient. She should recover the use of her leg in about October.
Cross-examined. The injury could have been caused by a kick or might easily have been caused by a fall.
SAMUEL ISAACS (prisoner, on oath), stevedore, 34, Lower Road, Plaistow. On July 3 I was sitting in my kitchen with my wife and children, when prisoner came and called me to the door and said, "If you are a man, stand out here and fight me." We took our coats off and I fought and beat him. I then returned to my house. He came into his back yard and shouted, "Annie, fetch my b—revolver down here." Police-constable Cutting came to my door and told me that Matthews was going to charge me. I told him that he had threatened me with a revolver and to look out. He said he could take care of himself. I have applied for this constable to give evidence. Police-constable Austin then brought an ambulance and told Police-constable Cutting to take the woman to the hospital. I had not seen her up to then and did not know what had happened to her; we were fighting at the other end of the street to where she was.
Cross-examined. I have not looked for much work lately. I did not call Matthews a blackleg and strike him. He was a stranger to me. We were fighting quarter of an hour. He was bleeding from the mouth at the finish. I received no injury. I did not see his daughter and did not give her a black eye. I did not say to the policeman that
Matthews was a blackleg. Mrs. Espenir was not with the policeman when he came to my house.
MRS. ISAACS, prisoner's wife, corroborated the evidence of her husband.
Police-constable BERTIE CUTTING. (To the Court.) About 2.30 p.m. on July 3 I was called to Lower Road, where I found prosecutrix lying. I sent for an ambulance and on its arrival sent Police-constable Aust with her to the hospital. I told prisoner and his wife to go indoors. Matthews had been bleeding from the mouth; I never noticed any mark on prisoner. I heard nothing said about a revolver.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Monday, September 16.)
ORSOM, William (56, horse dealer), JOHNSON, George (37, dealer), and CROKER, Charles (38, fitter) . Stealing a gelding, a governess car, a set and a half-set of harness, the goods of Martha Nevelle, and feloniously receiving the same. Johnson and Crooker pleaded guilty.
Mr. C. J. Salkeld Green prosecuted; Mr. Purcell and Mr. F. St. John Morrow defended.
EDGAR LLOYD NEVILLE , 337, Barking Road, Plaistow, butcher. My mother has a stable in Adelons Road, Plaistow, which I safely locked on July 29 at 8.45 p.m. When I returned next morning at 7.15 a.m. I found that a black gelding, a governess car, and some harness, which were there the night before, were missing. The padlock was broken. The property missing belonged to my mother and was worth £60. I communicated with the police. On August 1 I went to Birmingham and in the presence of Sergeant Draicy I identified the black gelding in a field in Spring Lane.
WALTER SANSOM , 45; Rowton Road, Harlesden, horse-box porter, London and North-Western Railway. On July 31, between 4 and 5 p.m. Johnson and Croker brought a horse to Addison Road Railway Station for transmission to Birmingham. Noticing that it answered to the description of a horse that was missing, I communicated with the police. I then sent the horse on to Birmingham and produce consignment note. I afterwards identified the horse in the custody of the police.
FREDERICK GEORGE BROWN , telegraph clerk, Willesden Railway Station. On July 31, at 4.39 p.m., Croker handed me telegram for transmission (produced): "To Orsom, Grove House, Belacre Street, Birmingham. Bill be at New Street, 7.30.—Charlie."
and Croker on No. 3 platform, New Street Railway Station, Birmingham. A train came in at 7.2 p.m.; they made inquiries at the horsebox for a horse which wan due to arrive; the horse was not there. I then followed them into Belacre Street, where they were joined by Orsom by the gateway of his house. They then all three went into the "Globe Inn," where they remained for about 10 minutes; they then stood outside in conversation. I returned to New Street Railway Station. I again saw Johnson and Croker on No. 3 platform at 9.35, where they met the 9.39 train from London, which arrived at 9.45. They took a black horse from the train, which they covered with rugs they had brought with them. Croker then signed the livery book (produced) for one horse in the name of "J, Spencer," and paid £1 8s. for carriage. Johnson helped Croker on to the horse, Croker rode away, and Johnson followed on foot. Sergeant Draicy followed them on his bicycle.
Detective-sergeant WM. DRAICY, Birmingham City Police. On July 31, at 8.15 p.m., from information received, I went to New Street Railway Station, where I saw Johnson and Croker take a black gelding from a train which arrived at 9.45, and they immediately covered it with rugs they had brought with them. Croker went to the booking office; then Johnson helped Croker on to the horse. Croker rode off, and Johnson followed on foot. I followed on my bicycle. The horse went in a roundabout way to Orsom's house and stable at 108, Belacre Street, and Croker rode the horse to the gates leading to the stables. A few seconds afterwards Johnson joined him. The gates were opened and they both went in with the horse. The gates were then closed. I did not see anybody inside on that occasion. At 10.50 p.m. the gates were again opened, and I then saw Orsom and the other two prisoners in conversation inside the gates by the stable door. They remained there talking for about 10 minutes; then the gates were closed. I know Orsom well and am quite sure I am not mistaken as to his being there. I kept observation till 11.30 p.m. and then went away. I returned at 4 a.m. and kept observation from the window of an empty house opposite, toll 9.30 a.m., when I saw Orsom come out, look up and down the road, and go back again into the premises. Shortly before 10 a.m. Johnson came down the road and went into Orsom's stable. At 10 a.m. Croker came the same way and also went in. I then had the premises surrounded and went in, and saw Johnson and Croker in the stable. While I was speaking to them Orsom came from the house into the stable. I said to him, "Where is that black horse these two men brought into this stable last night?"He made no reply. I said, "I want you to assist me." He said, "I shall not assist you; there was no horse brought here last night and I am not going to bother with you, I am going to have my breakfast." He then went into the house. I arrested Johnson and Croker and searched the premises, but could not find the horse. I said to Orsom, "Are you going to assist me to find this horse; you must have removed it during the night." He made no reply. I said, "You have a field in Wheeler's Row?"He said, "Yes." I said, "Is it there?" He said, "No, there is only my pony there." I said, "I
am sure you know where the hone has gone." He said, "You will not get to know anything from me." I went to the field in Wheeler's Row, where I found the horse I had seen unloaded the night before, which Mr. Nelville identified. I went back to Belacre Road and said to Orsom, "I have found the horse in your field and shall charge you with receiving it, well knowing it to have been stolen. I have received information that you had a telegram last night at about 5.30 p.m., sent by Johnson and Croker from Willesden, respecting this horse; I am going to make inquiries and ascertain what are the contents of that telegram." He said, "I did receive one from them." I said, "Do you choose to say where it is?"He said, "I have burned it." I took him to the police station; he was formally charged and made no reply.
Cross-examined. We are always receiving complaints against Orsom as to his unsatisfactory dealings with horses. He has been repeatedly a defendant in the county court. He has never had a criminal charge made against him. He has been in business in Birmingham during the eight years I have been in the detective department; he may have been in business for forty years. No officer has made inquiries as to his character. After Orsom had been before the magistrate I told him I should hand him over to the London police. He said, "I suppose if I had assisted you I should not have had to have gone?"I said, "Yes, very likely if you had assisted me you would not be here." Orsom has stabling for four horses; when I arrested Croker and Johnson two or three of the stalls were empty.
Detective-sergeant WOOLLARD, K Division. On August 2 I saw the three prisoners at Birmingham. I said, "I am police officer from London. I am going to take you back to London, where you will be charged with feloniously stealing and receiving on July 30 a black gelding, some harness, and a governess car." They made no reply. In the train on the way to London Orsom said, "These men, when at my place, told me they had bought the horse with a dud kite," meaning a worthless cheque. "They have been at my place about three times before. They will not come again." When formally charge at West Ham Police Station Orsom said, "All right."
Cross-examined. As a result of information Orsom gave us aft the police court proceedings in London, of a remark he had hear. Johnson and Croker make, we were able to recover most of the harness.
WILLIAM ORSOM (prisoner, on oath). I live at Grove House, Belacre street, Birmingham, and am a posting proprietor. I have been in business in Birmingham for 40 years and have never had any charge brought against me before. I have only been a party in county court proceedings twice in my life. Once I was plaintiff and won the action; the other occasion was about some barrels of beer and was quite a mistake. I have known Croker by the name of "Charlie,"
for nine months; Johnson I have known by sight, not by name, for about three months. I have stabled horses for them, they have always paid me, and I have regarded them as honest and straightforward. On July 30 I was having my breakfast, when I received telegram produced; I read it and threw it in the fire. That evening I walked outside the gates, when Johnson and Croker came up. Croker said, "Have you got any stabling?"I said, "No, we have four horses in." I have stabling for four horses. They said, "Will you have a drink?"I went in and had one drink, and then we had some conversation about a dog I had; we had no conversation about the horse. I then went home and was messing about the place till 9 p.m. I then went out, returning at 11.20 p.m. Next morning I was at my breakfast when Draicy came into my yard and asked me if I had a black cob. I said, "No." He arrested Johnson and Croker and asked me where my field was; I told him and he went away. Presently he came back and said the horse was in my field. I said, "Is it?"He said, "Yes, and if you had assisted me, you know, I should not have arrested you." I could not assist him because I knew nothing about it, and had not seen the horse. Whilst Draicy went to the field Johnson and Croker were left at my stable in custody. They then told me that they had bought the horse outside "The Barbican" with a dud kite and that they had taken the liberty of going to my field, in my absence, lifting the gate, which was locked, off its hinges, and putting the horse in my field. I also overheard them make a remark with reference to where they had put the harness, and thought it was only right I should inform Woollard, which I did. It is my practice to go for a walk in the evening. I have an assistant named Knight. The gates of my stable are always left open, as they lead to a cottage, and anybody can go down.
Cross-examined. The telegram came at 4 p.m.; I have made a mistake, I was having my tea, not my breakfast, when it came. I did not offer to put the horse up in my field, because I was short of grass in the field. When I went out I met a lady friend and lots of other people; none of them are here to-day. I had not been out of my house that morning when Draicy came. He did not ask me to assist him. I did not say, "You will not get anything from me." Croker had seen my field before.
CHARLES KNIGHT . I assist Orsom with the horses at Grove House, Belacre Street, Birmingham, and live there. On July 30, at about 9 p.m., Orsom went out. It is his practice to go out for an hour or so at that time of the evening. Whilst he was out, according to his instructions, I went to the "Noah's Ark" public-house, in Montague Street, land brought back his governess car at above 10.30 p.m. I put he horse in one of the four stalls; all the stalls were then occupied left the governess car in the gateway. I then went into the kitchen and remained there till Orsom came in, at about 11.30 p.m. If he lad been about the stable between 10.30 and 11.30 I should have
heard him. During the last six months Croker has about three times put up horses with us.
Cross-examined. I went out at about 9.15 p.m. I had to be at "The Noah's Ark" at a certain time. When I came back as I put the harness up I looked at the clock. The gates are always left unlocked. At 10 the next morning all the stalls were occupied. I was not there when Johnson and Croker called at 7 p.m. I did not hear them tell Mr. Orsom they had bought the horse with a dud kite. I never saw the horse.
CHARLES CROKER (prisoner, called on behalf of Orsom). I have stabled horses with Orsom. On July 30 I sent telegram produced. I then went down and saw him before the horse had arrived. I asked him to put it up; he said he had no room for it. We then had a drink and had some conversation about a dog, none about the horse. We then tried to get other stabling, but could find none. When the horse arrived we took it to Orsom's stable, but nobody was there; we then took it round to his field, lifted the gate off, and left it there. Orsom did not know we were going to put it in his field; I did not see him after 7 p.m. that night. I may have said we bought the horse with a dud kite.
Cross-examined. In 1910 I was convicted and sentenced to six months' imprisonment for being concerned in obtaining cattle to the value of £168 by means of a worthless cheque, and I plead guilty of this charge. The rugs we wrapped the horse in at New Street Railway Station, we brought with us in the horse box. I did not ask Orsom to let as put the horse in his field; I never gave it a thought then. I did not go by a roundabout way from the station to Orsom's stable. I did not go into the stable on the second occasion, because there was a dog there. I have been in the cells while the case has been going on. I called next morning to explain to Mr. Orsom how we had put the horse in his field, but before he came in the police-officer arrived.
Verdict, Not guilty.
(Tuesday, September 17.)
The statutory notice and three statutory convictions having been proved, Detective-inspector WM. BURRELL, K Division, in cross-examination, stated that he had made enquiries as to what prisoner had been doing since his last release from prison on November 7, 1911. For four months up to July 18 he had been earning an honest living doing carting work; he then had to sell his cart and horse in order to pay his rent, and so lost his means of subsistence.
The Common Sergeant: I do not think this is a case in which I can ask the jury to find prisoner a habitual criminal, having regard to some of the decisions of the Court of Criminal Appeal, who construe
the Act very strictly. It is an Act which was thought to be a benefit to the public, and very much to the benefit of prisoners, and a great many prisoners said it would suit them very well, but it has been since found that none of the prisoners like this treatment which they said would suit them so well. The Court of Criminal Appeal has decided that the man at the time of the crime for which he is tried must have been deliberately leading a dishonest life. Of course, his previous history must be taken into consideration in sentencing him, but I do not think this is a case in which I ought to ask the jury to find that he has been deliberately leading a life of crime. The jury accordingly returned a verdict of not guilty.
Convictions proved: Johnson, December 18, 1893, Clerkenwell Police Court, six weeks' hard labour for assault; August 3, 1904, Edmonton Petty Sessions, one month, stealing a nosebag; March 30, 1896, Clerkenwell Police Court, three months for stealing lead; December 29, 1896, 10 days' imprisonment, Clerkenwell Police Court, stealing whiskey; October 18, 1898, Chelmsford Sessions, 18 months', horse stealing; October 4, 1900, Clerkenwell Police Court, 12 months' hard labour, stealing oats; North London Sessions, April 2, 1901, three years' penal servitude, horse stealing; May 9, 1904, Clerkenwell Police Court, two months', assault; North London Sessions, February 21, 1905, three years' penal servitude, horse stealing; North London Sessions, February 11, 1908, four years' penal servitude and three years' police supervision, horse stealing. While he was undergoing the last sentence he was brought up to the Middlesex Sessions on February 11, 1908, and sentenced to a further term of five years' penal servitude, concurrently, for horse stealing. His licence for that offence does not expire till March 6, 1913. Croker was sentenced at St. Albans Quarter Sessions on April 5, 1910, to six months' hard labour for obtaining 12 head of cattle, value £168, by means of a worthless cheque.
Sentences: Johnson, Three years' penal servitude; Croker, Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, September 17.)
Mr. G. Tully-Christie prosecuted; Mr. F. St. John Morrow defended.
CHARLES COMBER , boilermaker, 30, Wingfield Road, Leytonstone Road, E. On July 31 at 6, 30 a.m. I was in Connaught Road proceeding towards Silvertown. There were several men I knew near me, and factory girls. There were other men coming towards Connaught Road or Custom House. I happened to turn round and as I did so I felt a pain in my arm and saw some smoke. My arm dropped useless
to my side. I did not see any revolver. After I was shot I did not see anything else. I was removed to the Seamen's Hospital. I was there a week.
Cross-examined. I was not on strike; I was locked out and if you go near the docks you get molested. There were hundreds of men making for one place. One or two I knew, but they were not with me. Mason is a witness, I believe. If he said before the magistrate, "There were 70 or 80 men with me, Comber was one," that would not be true. He might have been near me. I did not know Mason till I saw him at the court the day I came out of hospital. I had no cause to be irritated against non-union workmen in the dock. I was locked out practically ten weeks. I say I had no animosity Against the men at that particular moment. I decline to answer as to whether I had animosity against the men who were trying to break the strike. I do not know who shot me. I did not strike prisoner or see anyone else do so. I did not see any striking that morning. I had one month's imprisonment on June 7 last and three months a few weeks before that for assaulting a man; that was my first conviction. I did not hear prisoner say he would draw has revolver if he was attacked and assaulted any more.
PATRICK GILLIGAN , dock labourer, 16, Argyle Road, Custom House. On July 32 at 6.30 a.m. I was walking along Connaught Road. As I passed Silvertown Gate I saw on the other side of the road—at least I saw a crowd a short distance between prisoner and the railway station and I heard somebody make the remark, "Look out, he has got a revolver." I saw prisoner flourishing a revolver in his hand. After a short time I heard a shot fired. I went behind (prisoner and attempted to seize him, but I did not succeed in catching him high enough up on the right arm because it was in an elevated position. He slung the revolver over his left shoulder and fired and shot me in the neck. My right arm dropped powerless. I did not bleed very much then, but my neck swelled. I was taken to the Seamen's Hospital, where they dressed the wound superficially and sent me on to Poplar Hospital as they did not have a bed. I was there ten days.
Cross-examined. I was not on strike; the strike was all over; I was going to look for work. I was on strike. I was not there a moment before I saw the revolver brandished. There are always a number of people on that road going to and from their work at the various factories. I did not see the revolver fired. I merely heard the report. I did not see any knot of people there. I did no; see any violence. I was only on the scene after the first shot was fired. I then saw a struggle. I never saw prisoner before in my life. I had hold of one of his arms and people had hold of the other. I will not say he deliberately fired. I withdraw that word. He might have done it unintentionally.
HARRY JOHNSON , dock labourer, 28, Addison Road, Custom House. I had been out on strike. On July 31 at 6.30 a.m. I was in Connaught Road going towards Silvertown. I saw about 100 people. Prisoner was going the opposite way. I saw last witness there. I heard a shot fired and saw Gilligan go behind prisoner and try to take the revolver
from him. He failed, and prisoner put his right hand over his left shoulder and fired. Gilligan said, "I am shot." I took him to the hospital.
Cross-examined. I am a member of the Transport Workers' Union. The 80 or 100 men were all in a body. The strike was not quite over then. I did not see four men with prisoner or any crowd before he fired. I saw Comber in the road after he was shot. I saw no violence or assaults. It might have happened without my seeing it. They seemed to be pursuing prisoner, and he was keeping them back with the revolver. I did not hear him say anything as he was flourishing the revolver. He might have been saying something. I should say he was keeping back 20 or 30 men. Before the second shot was fired prisoner and his companions were very severely handled. I saw one belt with a heavy buckle on being used. I did not have time to look after anything else; I was attending to Gilligan.
Inspector ALBERT PECK, J. I was on duty at Connaught Road gates on July 31 at 6.40 a.m., when Volckman handed me a revolver, two chambers of which had been discharged, and some clothing that had bullet holes.
Police-constable ARTHUR CORMACK, 724 J. I was on duty at Connaught Road at 6.40 a.m. on July 31 when prisoner was pointed out to me. He said, "I had a revolver; I last it in the crowd, who set about me. I remember firing a shot, but only fired at random, and did not know I had shot any person. I took him to the Seamen's Hospital. He was bleeding all over and bruised. His clothes were all torn. I afterwards took him to the North Woolwich Police Station, where he was charged. He made no reply to the charge.
MONTGOMERY HANNEN , house surgeon, West Ham Hospital. On July 31 Comber was brought to me. He was suffering from a small wound in the right arm just below the shoulder, which was apparently caused by a bullet. It was a serious wound, and was apparently caused by the revolver being fired at close range.
DR. H. VELLACOTT, Poplar Hospital. On July 31 Gilligan was brought to me. He was admitted. I treated him with X-rays, and discovered a bullet lying above the right shoulder. I operated upon him the same morning, and extracted the bullet. The bullet had gone near large vessels, which were oozing blood, one of which must have been wounded. He continued to lose blood for about three days. The shot was fired at close range.
DR. EASTON, Seamen's Hospital. On July 31. I saw several persons. Prisoner and witnesses who have been called were amongst them. Comber had a small punctured wound in the right shoulder. Gilligan had a small wound in the neck near the windpipe, and a certain amount of swelling over the right collar-bone. I did not see any definite sign of scorching, as the wound was covered with blood. He was treated by the nurse and sent to Poplar Hospital, as we had not a bed. Prisoner's face was covered with blood, and after washing it was found not
serious. He had an incised wound on the right side of the scalp, an inch and a half long, but not deep. He had a slight cut over the left eye, and some effusion of blood and laceration of the left hand.
PERCY JOHN NORMAN (prisoner, on oath). I live at 40, Cotton Street, Poplar. I am in the permanent employ of the Atlantic Transport Company in the Royal Albert Docks. On July 31, at about 6.30 a.m., I was proceeding with four others from Silverton Station to Silvertown Dock gates. Just before we reached the latter place we were met by 80 or 100 men, who asked where we were going. We replied, "To work." Comber said, "Come on, boys, they are going into the docks." I cannot say that Comber was one that asked us the question. The crowd took up the cry, "Down with the blackleg b—s, let us do them in; they have been starving our wives and children." Comber struck one in the face. Then there was a general mix up. When I was struck in the face I turned and ran a few yards. I was followed by a decent-sized crowd, who were beating us about. I was tripped up. I turned and fired the revolver at random above their heads. I was in great fear. I thought my life was in danger. Before I fired I brandished the revolver. I was then thrown to the ground and kicked. I got up and was thrown down again and kicked. I do not remember the second shot being fired or anyone catching me by the arm. I complained to the police and pointed out Comber as the man that struck me. I was incapacitated a week. From the time the strike started I was threatened that if I was caught going to work I should be provided with a bed in Poplar Hospital. I knew what that meant. I carried a revolver for self-protection for five or six weeks. I had been threatened practically every day and have been since this occurrence, but not so frequently.
Cross-examined. I have not been threatened personally. It has been the crowd that goes to work. I had not shown the revolver before that morning. The first crowd we met was on the pavement; we stepped into the road. I had not seen Comber before. He stepped off the pavement and struck me. I at once drew the revolver. Dean and my brother had then been struck and I had been struck several times. I had not been knocked down before I used the revolver. I first heard of anyone being shot when I was in the hospital.
Inspector WILLIAM BURRELL, Criminal Investigation Department, West Ham. I have made inquiry into the character of prisoner. He is one of a large and very respectable family. He has been in one employ two years and another five years. His character has been excellent.
Verdict, Not guilty.
BEFORE THE RECORDER,
(Tuesday, September 10.)
HOWARD, Winifred (18, servant) , stealing a petticoat and other articles, the goods of Laura Chamberlain; stealing a blank cheque, the property of Laura Chamberlain; obtaining and uttering a cheque for £6 10s. and obtaining a cheque for £2 10s., the property of Laura Chamberlain.
Prisoner pleaded guilty to the charge relating to the sum of £2 10s. and this plea was accepted by the prosecution.
Prisoner received a good character from the people with whom she had previously been employed. She was stated to be rather troublesome at home.
Sentence was postponed till next Sessions, the Recorder directing that her mother should attend.
BEFORE THE RECORDER.
(Thursday, September 12.)
SEAL, William (39, painter) pleaded guilty , of, being entrusted with certain property, to wit, one gold guard, one pendant, and other articles, in order that he might retain the same in safe custody, unlawfully fraudulently converting the same to his own use and benefit.
Sentence: Four months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Thursday, September 12.)
ADAWAY, Henry (37, labourer), IRONS, John (36, labourer), and IRONS, Annie (28, flower seller). Adaway feloniously uttering counterfeit coin; J. Irons and A. Irons unlawfully uttering counterfeit coin.
Mr. Beaumont Morice prosecuted; Mr. Warburton defended Annie Irons.
DAISY MOORE , barmaid, Raynes Park Hotel, Wimbledon. On August 9 at 1 p.m. the three prisoners came into my bar. John Irons called for two pints of beer, tendering 6d. in payment, which I put in the till, and gave him 2d. change; they remained talking for some little time; John Irons then called for two more pints of beer for which he tendered another 6d., which I put in the till, giving him 2d. change. Annie Irons then asked John Irons to buy her some envelopes to put
some lavender in. He went out and returned in five minutes with some envelopes. She said they wore not the ones she wanted, and John and Annie Irons went out to get her to change them. They came back with the envelopes and began making up the lavender in packets. Adaway then gave Annie Iron a 6d. and asked her to call for two pints, and went out. I bit the coin, and said, "This is a had sixpence," and handed it to her back. She said she was sorry, and that I had seen the man Adaway give it to her; I replied, "Yet." Adaway then returned. Annie Irons told him it was a bad 6d., and said, "You know it was bad, why did you give it to me?"I then made a communication to Mr. Savage, the manager. I searched the till and found counterfeit 6d., produced, on top of from 15 to 25 sixpences. I gave the woman back her sixpence.
Cross-examined by Adaway. I cannot remember the words used by you when the woman told you the 6d. was bad.
To the jury. There are three tills in the bar. The one I used had separate compartments for each kind of coin.
DOROTHY PERRY , barmaid, Raynes Park Hotel, corroborated. As the police were coming in John Irons said, "I am going to hop it up the road." I afterwards found another bad sixpence in the till (produced).
THOMAS SAVAGE , manager, Raynes Park Hotel. On August 9 Moore handed me a bad sixpence, produced; I said to Adaway, "What do you mean by this?"He said, "I had it bunged into me," or, "had it pushed into me." I said, "You had better clear out of this." Moore handed to me another bad sixpence, saying, "Here is another one." I then went for the police, who searched Adaway. Annie Irons said to Adaway, "You have got me into the, you dirty tyke," Perry handed me a third sixpence. I had previously cleared the tills. I then gave the three prisoners into custody.
Police-constable ERNEST BARTY, 858 V. On August 9 I was called to "Raynes Park Hotel," where the three prisoners were given into custody for passing bad sixpences; they said nothing. I took possession of and marked three coins (produced). I searched Irons. Annie Irons said, "He "(meaning Adaway) "gave me a tanner for me to call for two pints of beer. I gave the woman the tanner, and she said it was bed. My old man said to me, 'Let me pay for the beer'" Irons said, "I have not any bad money, you can search me; I have only good money." I found on him 1s. 6d. good silver.
Cross-examined. John Irone said at the station that he had earned 1s. mending a mat for the doctor's wife at The Grange.
Police-constable ROBERT FIELD, 75 VR. I searched Adaway and found on him 5d. in bronze. At the station he said, "The woman gave me the sixpence, which the policeman took out of my hand."
Cross-examined. Adaway said he had been to Dr. Bradley's, and, had earned 1s. mending a mat for the doctor's wife.
Police-sergeant FRED HEATHMAN. 110 V. The sixpence having been handed to me I charged prisoners with uttering counterfeit coin. Adaway said, "I am not guilty." The others made no reply.
FRED ROWE , licensee, "Princess Royal," Hadley Road, Merton. On August 9 at 10.45a.m. I served the prisoners with two pints of beer, receiving fourpence; they stayed in the house three-quarters of an hour and then left.
Detective CONSTANTINE WOODS. On August 10, at 9.45 a.m., as the three prisoners were being taken before the magistrate, Annie Irons said to Sergeant Gillon, "Good morning, I have fell again, you see. I met these two on Clapham Common at nine o'clock and we had a drink in the public-house. I only came back last night from the country from fruiting, and I slept on Clapham Common all night; the policeman woke me up. We went to Merton, and we had some beer before we were pinched. He (Adaway) gave me the tanner." They were then taken across to the court, and after being remanded, John Irons said to Gillon, "I suppose this will mean two years to me?"
Cross-examined. I told Adaway I was going to search his premises and asked him the nearest way to where he lived. He gave me his correct address. I have know Adaway a number of years, and have often seen him at Wimbledon and other places at work mat making.
SIDNEY WILLIAM SMITH , Assistant Assayer, H.M. Mint. The three sixpences (produced) are counterfeit, all dated 1910; two of them are made from the same mould; I am not able to say with regard to the third.
Prisoners' statements before the magistrate: Adaway: "Some one else must have been in the public-house during the morning and changed these sixpences; they must have been given to us in change. We would have been fools to stay there three hours changing bad money over the bar. We were putting up penny packets of lavender in the bar." John Irons: "I am innocent of it; I know nothing of it. I had just earned a 6d. and sixpenny worth of coppers, and can prove where I got it from." Annie Irons: "I am very sorry this has happened. I only came back from Bromley on Thursday night; I was too late to get lodgings, and stopped on Clapham Common all night. Two policemen on night duty woke me up, and I was then by myself. I went to have a cup of tea on Clapham Common. Coming back I met the other two and went into the "Windmill" and bad a drink. They asked me which way I was going; I said, "As far as Leatherhead." They said they were walking round that way. We all three walked together till we got to a public-house, the 'Princess Royal.' This was the first time I had met the prisoner Adaway. If I had not met them I should be down in the country out of all this trouble. I did not hear Irons speak about coin, and did not know he had any on him."
On the submission of Mr. Warburton, the Common Serjeant said there was no substantial case against Annie Irons.
Verdict (all), Not guilty.
BEFORE JUDGE RENTOUL.
(Friday, September 13.)
Mr. Coumbe prosecuted; Mr. Watts defended.
ALFRED STEVENSON , butcher, 9, Station Road, Shepherd's Bush. On August 10, about 11 am., I was passing No. 33, Lonsdale Road, Barnes. I saw prisoners standing in the doorway. I heard a crash of glass, and saw Smith rubbing his elbow. I delivered my order to No. 37, saw no sign of prisoners, and informed an officer on duty in Castlenau I followed the officer some little distance behind. He stopped by the gate. When I got up to the house prisoners were coming out of the side entrance with the officer.
Cross-examined. I was riding a carrier tricycle. I saw prisoner in the side passage.
Police-constable ALFRED PEARCE, 677 V. Last witness made a communication to me and I went to 33, Lonsdale Road, where I saw prisoners leaving the garden gate. I asked what they had been doing there. They said they had been to see if Mrs. Ingram wanted the gardener to come and cut the hedge on Monday. I noticed Smith's finger was cut and bleeding, took him back to the house, and saw that a pane of glass was broken in one of the two front-door panels. The glass was all inside. Smith said he cut his finger on the glass. I took them round to the back of the house, found that the side door was open, went into the kitchen, found the place in disorder, the drawers were open and had been turned over, and I found a towel with some fresh blood on it. Smith had a piece of rag on his finger, which corresponds with a piece missing from the towel. That was removed at the station. On the way to the station Smith said, "That is what we get through other people." When charged they said they knew nothing about it.
Police-constable FREDERICK COGGINS, 422 V. I was on the opposite side of the road. I saw Police-constable Pearce speak to prisoners as they came out of the side entrance. We all four went back. Pearce asked Smith about the blood on his finger. Smith said the dog flew at the glass panel and smashed it, and the glass flew on his finger and
cut it. I noticed there was no glass outside the door. I saw the towel in the kitchen with fresh blood on it, and drew Smith's attention to it. He made no reply. His finger was bleeding, and he had a rag on it. The dog was a little harmless thing. It could not have broken the glass.
MRS. HURMAN, dressmaker. I was looking after the house. I visited it two or three times a day to feed the animals. On Saturday, August 10, I left the house safe at 9.30 a.m. I went in and out by the front door with a latchkey. The back door was bolted top and bottom. At 12.30 a.m. I went to the house again and found the police there. The kitchen drawers were open and the contents gone. The handle on the bedroom door was broken off and lying on the landing. I found two kitchen keys and a small poker on the kitchen table that were not there before. There was no blood on the towel before.
Sergeant THOMAS ANDREWS, V, also gave evidence as to the state in which he found the house at 11.30 a.m.
GEORGE TUCK (prisoner, on oath). Smith came to my house on August 10 about 7 a.m. We went out to look for work. We were going first to Fuller, Smith and Turner's brewery. On the way we mat a Mr. David Pearce. He said, "If you are going towards Barnes you might go to 33, Lonsdale Road and ask to see Mrs. Ingram, and ask if I should come on Monday." I asked at the last Court that Pearce should be called as a witness for me. Pearce produced a card with Mrs. Ingrain's name and address on it. We got there about 10. We went to the front door. At that time there were several tradesmen in the road and about 10 women. I rang the bell twice. As I rang the second time a man came from the aide gate. He said, "What do you want?"I said, "I want to see Mrs. Ingram." He said, "She has gone out," and walked out of the gate up towards Hammersmith. I did not know the man. Smith said, "Perhaps he is only swanking. Bang the bell again." As I rang the bell again I heard the dog jump against the door; then I heard the glass go. I saw Smith jump, and he knocked against the door as he jumped. I did not see what happened to him. The glass jumped out and he caught a piece like that (illustrating) as it fell. I could not say if the glass cut him. There was some glass outside the house. I could not say I noticed anything wrong with Smith's finger. I heard a noise next door and went to the garden wall to see if there was a servant to tell her what had happened. I was going to explain to somebody in the garden, and as we came from the wall we saw the butcher boy returning, and I said, "We will go out and tell the police officer, otherwise we will get into trouble over it." As we came out of the gate I saw an officer on the other side of the road. As we crossed to speak to him he stopped us in the middle of the road. We told him what we had been doing and what happened. The officer then took us to the back of the house. He found the scullery door open. He said, "Catch hold of the dog." I said, "No, that is your duty; I don't want to get bit." He would
not touch the dog. It was an ordinary fox terrier. It was not fierce; it was excited. I heard nothing about blood till I was at the station. Smith had a piece of rag; I do not know whether it was on his finger or not. I did not break the window. If Smith broke it it was done accidentally.
Cross-examined. I have known David Pearce three or four weeks. I did not say the dog broke the window. I said Smith did not break the glass wilfully.
(Judge Refuel directed the police to bring David Pearce tomorrow.)
(Saturday, September 14)
GEORGE TUCK (prisoner, on oath), further cross-examined. I said Smith was close up to the front door. I was on the step outside the porch. I heard the breaking of glass. I did not see Smith rubbing his elbow as the butcher says. No mention was made about the fresh blood found on the towel till the last hearing at the police court. I did not know it was found in the kitchen, and did not hear of it till the second remand.
DAVID PEARCE . About six weeks ago, I think on a Saturday, I met prisoners about 7.20 a.m. I said, "I can tell you where you can earn 1s. or 2s. Will you go to 33, Lonsdale Road and ask for Mrs. Ingram?"I have worked for her myself six or seven years on and off. I have sent lads there before and she has given them odd jobs. I seat them to ask Mrs. Ingram if she would give them a job to do up the garden, and if not could I come on Monday as I had not been there since I came home from Wales. I know prisoners personally, and I have been in their company. I did not came here yesterday as I was afraid of losing my job.
Cross-examined. I am a labourer employed by the London United Tramways. Before that I worked for John Mowlem and Go. since I was a lad, on and off. When I cannot get other work I do gardening. I have several customers. When they want me they send a postcard. I always call when they want the hedge done.
BENJAMIN SMITH (prisoner, not on oath). I was with. Tuck when we met David Pearce, who asked us to call at Mrs. Ingram's. We knocked twice. The dog barked, and a man came out of the side gate. He told us Mrs. Ingram was out. We rang the bell twice. There was a crash and a piece of glass fell on my hand and goes into the hall. My finger was not cut, only bleeding. Tuck said, "We had better be going else we will get into trouble for this broken window." I told the officer the dog broke it. The three of us entered the house. Then the other officer came. The first officer asked me about the bloodstains. We said we did not know anything about it. The piece of rag on my finger I found in the front garden.
Verdict, Guilty, with a strong recommendation to mercy for Smith.
Tuck confessed to a previous conviction, and other convictions were proved against him. On October 7 last Smith was bound over for 12 months for loitering.
Sentence on Tuck was postponed till next Session; Smith was released on his own recognisances in £10 to come up for judgment if called upon.
CASES POSTPONED. R. WHITE and Sons, Limited; MORRIS HALEY and six others (riot); DAVID MOORE and six others (riot).