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, November 5th, 1912, and following days.
Before the Right Hon. Sir THOMAS BOOR CROSBY, M.D., LORD MAYOR of the said City of London (November 5th—8th); Sir DAVID BURNETT , Knight, LORD MAYOR of the said City of London (November 9th onwards); the Hon. Sir WALTER GEORGE FRAME PHILLIMORE , Bart., one of the Justices of His Majesty's High Court; Sir ALFRED J. NEWTON , Bart.; Sir WM. PURDIE TRELOAR , Bart.; the Right Hon. Sir T. VEZEY STRONG , K.O.V.O.; Sir WM. HY. DUNN; JAMES ROLL , Esq.; and A. MOORE, 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.
E. V. HUXTABLE, Esq.
CENTRAL CRIMINAL COURT
CROSBY, MAYOR (November 5-8).
BURNETT, MAYOR (November 9 onward).
BEFORE THE RECORDER.
(Tuesday, November 5.)
LONDON AND MIDDLESEX CASES.
SCRUSE, Albert Arthur (24, sorter), pleaded guilty of stealing one bicycle, the goods of Henry George Barrick:; stealing two postal packets containing stamps and other articles, the property of the postmaster-General, he being an officer of the Post office.
Sentence: Ten months' hard labour on each charge, to run concurrently.
COOK, Walter (25, postman), and BROWN, Charles Edward (24, manager) pleaded guilty , of feloniously demanding and obtaining £1 8s. 7d., the property of Cyril Linden, under, upon and by virtue of a forged instrument, with intent to defraud; feloniously endeavouring to obtain £5 6s. 10d., under, upon and by virtue of a forged instrument, with intent to defraud; conspiring together to defraud Cyril Linden and other persons.
Sentence (each prisoner): Six months' hard labour upon each offence, to run concurrently.
Sentence: six months' hard labour.
HALLS, James (29, assistant postmen and gardener), pleaded guilty , of stealing a postal packet containing two bracelets, the property of Richard George Merrett, he being an officer of the Post Office.
Sentence: Six months' hard labour.
HUGHES, John (44, Stevedore), who pleaded guilty last Session to committing riot (see preceding volume, page 662), was brought up and further charged with stealing eight bottles of cordial, the goods of Idris and Co., Limited, and feloniously receiving the same.
Mr. Shearman prosecuted; Mr. Wild, K.C., and Mr. Shearman defended.
No evidence was offered by the prosecutor upon the larceny indictment and the jury returned a formal verdict of Not guilty.On the conviction for rioting, prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
Mr. Muir stated that information had now come to hand that prisoner himself had dictated the affidavit upon which the indictment for perjury had been founded, and the barrister in whose chambers this was done was in court.
Mr. Wardley, after consulting with prisoner, stated that he did not wish to call this gentleman. He called evidence to prisoner's previous character.
Sentence: Twelve months' hard labour, to date from the first day of September Session.
BEFORE THE COMMON SERJEANT.
(Tuesday, November 5.)
Mr. Beaumont Morice prosecuted.
Police-constable THOMAS BRACE, 704 T. On October 17, at about 5.30 p.m., I was on duty in the Staines Road, Hounslow, when prisoner passed me in company with a man named Askell, who has since died. Prisoner was gathering dust off the window sills and rubbing some coins with it. Prisoner and Askell appeared to be sober; a little further on they feigned drunkenness; they entered 353, Staines Road, a baker's shop, and afterwards the private bar of "The Jolly Farmer" public-house. They went into an empty doorway; prisoner picked up dirt from the ground and rubbed coins with it. I passed them: prisoner stopped when he saw me. They went into the post office. I went into the baker's shop and was handed the counterfeit half-crown produced. The two men came out of the post office and walked on; I walked towards them; they got behind a van in front of "The King George IV." public-house. I caught one in each arm and said, "I believe you have just been in the post office and the baker's shop." They replied, "Yes." I said, "I want you to come back to the post office with me." Askell said, "All right." Prisoner said, "No, tell me what you want me
for," and started struggling. I called the assistance of Johnson, a civilian; as I was handing over prisoner to him prisoner threw a quantity of coins into a van that was standing by. The counterfeit half-crown (produced) fell at my feet and I picked it up. The driver of the van searched, but could find (nothing; it was dark. We took both the men to the post office, where, in their presence I said to the postmistress, "These men have just been in here?" She said, "Yes." I asked her what they had purchased; she said, "The tall man (Askell) came in first and purchased a 3s. postal order." I asked her for the money with which they bad bought it and she gave me the counterfeit half-crown produced. I took the men into the baker's shop and was told by the young lady in their presence that Askell purchased 2d. worth of bread and prisoner 1d. worth of cake, Askell tendering the counterfeit half-crown produced, for which he received 2s. 4d. change, and prisoner tendering a penny. I said, "I shall search you here." Prisoner replied, "All right." While I was searching prisoner he took this counterfeit half-crown out of his mouth and attempted to throw it over the counter. I was present at the inquest on Askell and identified him as being the man.
Mrs. ANNIE PHILLIPS, sub-postmistress, Staines Road Post Office, corroborated. Prisoner appeared to be the worse for drink, he rolled about and said, "Oh, I thought this was the fish and potato shop."
JOHN DANIEL O'CONNOR , carman, Wyatt Road, Staines, corroborated. As I was on my way home I heard a jingle under my dicky and found four half-crowns produced. The next morning, while I was unloading I found three more (produced).
DAVID JOHNSON , shoemaker, Staines Road, Hounslow, corroborated. Police-constable JAMES LEECH, 53, T.R. I assisted in taking prisoner to the station; on the way he said, "We have been drinking together all day, I wish I had never seen him, he has let me in for something." At the station he said, "Each of us was out; he passed the money; they cannot say I passed any money with them."
Detective-sergeant ROBERT CHARLES, T Division. When charged prisoner said, "I don't care what you do, I know nothing about it." I helped to search prisoner and Askell at the police station. On prisoner was found a sixpenny piece and 2d. in bronze; on Askell one half-crown, two florins, three shillings, two sixpences, and 3 1/4 d. bronze. At the police court I told prisoner he would he further charged with possessing nine counterfeit half-crowns; he said, "You cannot do that; I only had one on me and you can only charge me with that."
Prisoner confessed to having been convicted on January 25, 1906, receiving five years' penal servitude at this court for felonious possession of a mould. Other convictions proved: November 17, 1904, at
this court, nine months' hard labour for being in possession of counterfeit coin; January 17, 1912, at Westminster Police Court, three months' hard labour, as a suspected person found on enclosed premises; this year, at Lambeth Police Court, 21 days' hard labour for stealing 12 pounds of beef. Prisoner was twice charged but acquitted. He was at work two or three days after his release from penal servitude on May 10, 1910, and stopped work a few days before he was arrested on this charge.
Sentence: Five years' penal servitude.
OWEN, Norman Ernest (38, agent) , stealing four costumes, the goods of Harris Roman, his master; being entrusted with the said four costumes for a certain purpose, unlawfully fraudulently converting the same to his own use and benefit.
Prisoner was tried on the second indictment.
Mr. Cotes-Preedy prosecuted.
HARRIS ROMAN , 61, Bromhead Street, Stepney, costume maker. On September 16 I engaged prisoner as a traveller at a salary of £1 a week and 7 1/2 per cent, commission. When he started out in the morning I gave him 5s., advanced salary, to pay expenses, one grey costume, price 45s., one navy costume, 62s. 6d., and one black suit, 62s., in order that he might show them to customers and get orders at those prices. I produce receipt signed by prisoner for those costumes. He called back in the evening with the three costumes, saw another costume, said he could do with it, and took that also. At his request I advanced him another 2s. 6d. for expenses. The next time I saw him was at the police station 10 days afterwards. I called three times at 95, Brixton Road, where the prisoner lived, but could not see him.
Cross-examined by prisoner. £1 a week and 7 1/2 per cent, commission is a high rate. I have not got a receipt for the 5s., 2s. 6d., or the fourth costume I trusted you with. I never said you could sell the costumes at lower than the prices marked on them; I never gave you permission to sell at all, you were to get orders.
(Wednesday, November 6.)
ELIZABETH MILES , wife of George Miles, fireman. I keep a wardrobe shop for selling new and second-hand clothes at 16, High Street, Fulham. On September 17 prisoner brought me black costume (produced), and said he had made it for the manageress of a public-house nearly opposite me, that it was a misfit, and he wanted to sell it as it was useless. I bought it for 16s., for which he gave me receipt, which I have mislaid.
SARAH HART , wife of John Hart, 117, Clapham Road, wardrobe dealer. On September 16 prisoner brought four costumes to me, of which I bought three for £3 10s., for which I produce receipt, signed "N. E. Owen." Grey costume (produced) is one I bought. I asked
prisoner whose they were; he said he was a job buyer; they were his own goods.
Detective-sergeant WILLIAM CRIDLAND. On October 11 I saw prisoner at 95, Brixton Road, and said I was a police officer, and was going to arrest him for stealing on September 16 four costumes, the property of his master, Harris Roman, from 61, Bromhead Street, Mile End. He said, "I did not steal them, they were given, to me to sell; I did so the next day, the 17th, and spent the money; shall I tell you where I sold them?" I said, "You can if you like." He said, "I sold one to a lady at the bottom of Fulham Lane, opposite the 'King David,' for 16s.; the other three I sold to a woman in a shop at the corner of Holland Street and Clapham Road, for £3 10s. In regard to each of them I have a receipt for the money in my own name. When I went to get the costumes Mr. Roman only gave me 18d.; I wanted more, but he would not give it me. That made me wild, and I got on the drink and this is the result, and I must put up with it." When charged he said, "I was never a servant of his; I admit I sold the costumes." He also said he had been to Liverpool and Manchester to try and get the money, and had come back, and that he had been in financial difficulties just lately.
To Prisoner. You may have mentioned Gloucestershire as being a place you had been to get the money.
Prisoner's statement before the Magistrate: "After taking 20 years' reference Roman engaged me; he said he could not set his partners to agree to a salary. I told him I would not try to sell for him unless I had money to pay travelling expenses. We then agreed he would advance 20s., and I was to pay it back out of the 7 1/2 per cent, commission. I was to get the best price I could for the costumes, higher if I could or lower if necesuary, go where I liked, sell to whom I liked, and I swear the costumes were given to me with no restriction whatever. The Result of all this was that when I had packed the costumes on Monday, 16th, I could get no money; at last Roman put 1s. 6d. in my coat pocket, saying that would last me for my first journey. I told him I expected to sell one or two costumes for cash, if I did so I would go on without the advance he had promised. I left the workshop about 12.30, took the tram to Aldgate; walking towards Aldgate Church I went into a stationer's shop and asked him if he would get some cards with my name in the middle and 'Roman and Co., manufacturers,' in the bottom corner, as to present a card with 'Roman, Neilsticher, and chilperic' would be against doing business. He arranged to print the cards for 2s. 6d., which had to be paid in advance. I told him I had no money then, but should be drawing some from Roman, Neilsticher, and Chilperic that evening, and would come in and pay for them. Not getting any money I could not carry the work further. I have written to friends to call at the shop; I did not know the name to get this man to come as a witness, but I had no money and I earned nothing from my friends. I had not the slightest idea of doing anything wrong with the man's goods, I went on to the City, and left the costumes with a lady; I called back at four o'clock in the afternoon
and found they did not suit her; I went back to the workshop stating I had been unable to sell any costumes; I took all the samples out of the boxes, and told him the black one, at 62s. 6d., was no good. He asked me to take it and see if I could sell it for 45s. I said I would try round Brixton, Streatham, and Peckham, but I must have some money. This application resulted in my being promised quite a lot of money when had sold the samples, but he would not let me have any at the moment. I said I was penniless and must have something; he gave me sixpence. I tried one or two shops and dress dealers, and after showing them at the last shop I was offered £3 10s. for three of them. I was smarting under the treatment from Roman. A man has a hopeless case without money to pay expenses. I had had no food. Even then I would not have taken this money, but I felt once I could get to Gloucestershire and raise £25 or £50 it would enable me to square up with this man and get a better berth. I went to Gloucestershire, I failed to raise the money; I went to Manchester and Liverpool, where I had been in a good position for about 10 years, and where I had money owing to me; I failed to get any there. I came back to London, and kept out of the way, although I had been trying to get the money or some part of it every day to send to the man. Had they treated me fairly and kept up to their promise I would have done my best. Roman has been the head throughout; he has lied in saying I was not to sell the costumes; he gave me invoice forms to give receipts for them. He lied in saying he engaged to give me 20s. a week and 7 1/2 per cent, commission, and it was also false that he gave me 5s. in the morning and 2s. 6d. at night. I have had thousands of pounds worth of samples entrusted to me in the past without doing anything dishonourable. It is my first offence. I have secured a berth as I have letters to prove; I appeal to you to give me a chance; if I could be bound over for a certain period, out of money I could earn and help I would endeavour to obtain I would still repay the money."
Prisoner repeated the substance of his statement on oath.
Verdict, Guilty, with a strong recommendation to mercy.
Prisoner was stated to be a man of good character, but addicted to drink; he had been in custody since his arrest on October 12.
Prisoner was released on his own recognisances in £20 to come up for judgment if called upon.
BEFORE MR. JUSTICE PHILLIMORE.
(Wednesday, November 6.)
Mr. Muir, Mr. Percival Clarke, and Mr. Adrian dark prosecuted; Mr. Eustace Fulton and Mr. Cruickshank defended.
Police-sergeant ALFRED LAMB (86 N) proved plans for use in the case.
WALTER NICHOLLS , steward, Hounsfield Club, Hertford Road, (Edmonton. Prisoner and deceased were members. Between 7 and 7.30 p.m. on September 15 deceased came in, leaving about 10.30 p.m. Before he left prisoner came in and stood at the bar at the same time as he did; they were about four yards apart and did not speak to each other; they were there together about ten minutes. The length of the bar is 12 ft. And of the room about 30 ft. Other members were at the bar. Before prisoner came into the bar he was playing the violin at a concert in a marquee behind; he left the bar about 10.30, shortly after the deceased; I do not know what time he left the club finally. When the chub closed at about 11.30 about 14 members went out together; I cannot say whether prisoner was amongst them.
Cross-examined. Prisoner and deceased may have been at the bar at the same time for five minutes. As far as my observation went, they were always on friendly terms.
HERBERT SANDERSON , tramcar driver, 23, North Road, Edmonton. I have known prisoner for two years; he worked as a washer in my company. I knew deceased eight months; the was a driver about four months. While they were living next door to me since the beginning of this year I could distinguish their voices. My bedroom is on the first floor front and my chimney is in the party wall dividing my room from the adjoining room in No. 25. At limes I could hear voices from that room quite plainly; it was occupied by deceased and Gledhill. I know Annie Page's voice. Between 9 and 10 p.m. on September 13 I heard her and prisoner quarrelling in their kitchen; he was upbraiding her for being in company with another man that evening. Page said she would have her own back with him and blow his brains out. He said, "You are always saying you will have your own back. Where is the revolver?" fine said, "Never mind; I know where that is." He said, "Where is it then?" threw something on the table and said, "Here is a couple. Try if you like." He struck her, saying that that was the first time be had ever struck a woman in his life. I then went indoors. On September 15 I went to bed a few minutes after 11. I beard footsteps passing the front of the house coming from the direction of Hertford Road. He went into No. 25 and went along the passage into the kitchen, where be stayed a few minutes. He then went upstairs into the front bedroom, when he began speaking to somebody, who I found by his voice to be deceased. Their voices became louder and I realised they were quarrelling; the other voice was the prisoner's. The first I heard was prisoner saying something about beer. Deceased said yes, but be did not have any of it. Prisoner said, "I keep you," or "I pay for everything in this b—house." Deceased said, "You keep me—you would b—well starve me." Prisoner said, "Starve you—I will, too—you f—bastard." soon after that he walked into the middle bedroom, still cursing back to-deceased. He remained a minute or two and returned to the front
room and spoke again about keeping deceased, calling him again a f—bastard. Shortly afterwards he said, "You rotten f—" and then I heard the report of a pistol. After a minute or two, I heard the sound of some small article cropping to the ground. Prisoner then walked down stairs and out of the front door. I looked through the window and saw him go in the direction of Hertford Road. I heard deceased say, "Go and fetch a doctor"; this was about five minutes after prisoner had left the house. I then saw Page leave the house and run in the direction of Hertford Road; she had no hat on. In her absence prisoner returned with Jones. When passing under our window I heard him say to Jones, "I believe I have done him in. I should have done myself in, but I did not have the pluck." They both entered the house and went upstairs to the front bedroom where they remained two minutes. They came downstairs and Jones left the House, walking briskly in the direction of Hertford Road. About ten minutes after that Dr. Burton entered the house, No. 25. I came downstairs and soon after I saw prisoner return with a policeman and Jones. Glechill came in about 12.30; that was the first time I had seen him that day. Deceased was a right-handed man. I noticed on this night that the window nearest to my room was open at the top.
Cross-examined. I was standing at my backdoor when I heard the conversation on September 13. When giving evidence about that conversation before the coroner I had reached to the point about the revolver, when he said that was sufficient and I did not say any more. The quarrel on Sunday night was going on about ten minutes. Prisoner said "You rotten f—" in the same manner as he said the other words. When I said at the police-court that they were used as a sort of ejaculation I did not know what the word meant. I did not hear all they said.
CECILIA AMELIA SANDERSON , wife of last witness. On the evening of September 13 I was in my kitchen with my husband, when I heard prisoner and Page quarrelling next door. Page threatened to blow prisoner's brains cut. My husband went to the door leading to the yard. When he and I hid gone to bed on the night of September 15 I heard footsteps outside the house, which I recognised as prisoner's. He went into the kitchen of No. 25 and then upstairs into the front bed-room, where he used coarse words. He then went into the middle bed-room; they were still calling to one another. On his return he said, "I pay for everything. Charlie Gledhill pays for nothing." A voice which I recognised as deceased's, said, "You would b—well starve me." Prisoner said something which I did not hear. Deceased said something and then there was a report. There was silence for a few minutes and then I heard footsteps from that room go down the stairs and out of the front door. I got up and looked out of the window. I saw prisoner pass with a coat and cap on. I heard deceased say, "Fetch a doctor." Page left the "house. After that prisoner returned with Jones. When passing our house to go into No. 25 prisoner said to him, "I think I have done him in. I would have done myself in, but I had not the pluck." (To the Court.) We can hear people speaking
in ordinary tones from the next room and when they raise their voices we can very often distinguish the words.
Cross-examined. They were quarrelling about ten minutes; I am only stating the words I heard distinctly. I only heard deceased on that occasion use coarse language once—when he said, "You would b—well starve me"; his voice was not so loud as prisoner's and I could not hear all he said. I can only swear to having heard prisoner said, "Done him in "; I cannot swear to the works, "I think I have."
GEORGE EDWIN GILLINGHAM , labourer, 33, North Road, Edmonton. About 11.25 p.m., on September 15, I was pawing 25, North Road, when I heard a voice from the front bedroom of that house say, "I can knock your f—g eye out." I did not recognise the voice.
ALFRED JONES , fitter, 4, 6t. Mary's Road, Lower Edmonton. I have known prisoner about two years, and I knew deceased about seven months; I have been friendly with both. About 11 p.m., on September 15, I was in the Hounsfield Club. On my way home from there I was at the end of St. Mary's Road, when prisoner called from the other side of the road and said, "Is that you, Alf" I said, "Yes." He said, "I have shot Charlie." I said, "If you have shot him, I will shoot you." He handed me this revolver (Exhibit 4), which I had seen in this possession about a month previously; he was looking at it in his kitchen. At his request I went to No. 25 with him, where I saw deceased lying on the bed. I ran and fetched Dr. Evans, leaving prisoner in the house. I followed him into the house; when returning I have a slight idea that I met a man named Taylor. On entering the house I saw Police-constable Byron. I gave the revolver either to the doctor or the policeman.
Cross-examined. Prisoner and deceased had always been on friendly terms. As far as I know, when Gledhill was out of work prisoner used to assist him; they used to help one another. I had been drinking on this night and my memory of what happened is not clear. I met prisoner about 150 yards from the club. He was excited. I do not remember his asking me where Gledhill was. I am clear that lie said he had shot Charlie. (To the Court.) There was a dim light burning in the bedroom when I saw deceased.
Police-constable ARTHUR BYRON. At 11.50 p.m., on September 15, I was on duty in Hertford Road, when Dr. Burton spoke to me. I went with him to 25, North-Road; prisoner passed within two yards of me by the lamp at the bend of the road, going in the direction of Hertford Road. I was in uniform. He did not a peak to me. Dr. Burton had then disappeared. He returned to me, and I went with him to his surgery in Hertford Road. When returning to No. 25 I saw prisoner standing alone at the corner of the street. I asked him to come back to the house with me, and he did so; he said nothing. On our way Jones met us. Prisoner entered first, and when I was about to enter Jones closed the door in my face. I opened it and walked in. Jones said, "Get out of this; we don't want you here." I said I should remain. He then turned to prisoner and said, "Keep quiet; you have got nothing to fear." Police-constable Smith came
down from upstairs and I told him to look after prisoner, who was setting on a chair in the kitchen; he had not said a word up to that time. I went upstairs and saw Dr. Evans and Dr. Burton in the room where deceased was. Jones, who followed me, handed the revolver to Dr. Evans, who handed it to me. I handed it to Inspector Coville.
Cross-examined. Jones; had been drinking, but I cannot say he was drunk; he got in the ambulance on the way to the station, but it was not necessary, as he could walk; he did it more as a "lark."
Police-constable JAMES SMITH. At 11.55 p.m., on September 15, I went to 25, North Road, where I saw deceased lying on a bed in the first floor front room. Dr. Evans and Page were present. I went downstairs, where I saw Police-constable Byron. I kept prisoner under observation. He said, "All right, guv'nor, you need not be afraid; I shall not runaway." About 1.30 a.m. Gledhill came in; he was practically drunk.
Police-inspector HORACE COVILLE, Metropolitan Police. At 12.30 a.m., on September 16, I went to 25, North Road, where I saw prisoner sitting on a chair in the kitchen. I went upstairs, where I saw deceased. I gave the police officers who were there certain instructions. In the back bedroom Page said to me, in prisoner's presence, "I came into this house between a quarter and 20 past ten. There was only Charlie Mansfield in the house then. He was in bed in the upstairs front room. I got in with the key, which is left in the door. I came straight downstairs. I saw Charlie's coat and boots downstairs. I had not been in bed very long when I heard a report. It sounded in the front room. I went in there and lit the gas, and Charlie turned sick. I said, "What is the matter, Charlie?" He said, "Have a look." I looked at his chest and saw blood coming from a wound at the side of his chest. I said, "Shall I bathe it?" He said, "No, don't touch it. Fetch a doctor." I said, "All right, I will when I pot my coat on." I did so, and went for Dr. Burton. I ran all the way. I never saw the revolver; I never had it in my hand; I have never seen any revolver in this house." Prisoner told me his name was John Mansfield, and that he lived in that house. I said, "I am making inquiries as to how your brother became shot." He said, "I decline to say anything." Police-constable Byron handed me the revolver; it then contained these five live cartridges (Exhibit 9) and one that bad recently been exploded. When the next day prisoner was charged with wilful murder he made no reply.
Cross-examined. I was not present when J. D. Mansfield came to, see him.
GEORGE GROVES , Hall porter, Edmonton Infirmary. At 2 a.m., on September 16, deceased was brought to the infirmary, and I took possession of this shirt and the two blankets, a sheet and a counterpane which were wrapped round ham; I left them in the receiving ward, and subsequently made a communication to Skeels.
WILLIAM SKEELS , attendant, Edmonton Infirmary. On the morning of September 16 I saw a parcel of clothes (Exhibit 5) marked with deceased's name; I made this (schedule of them (Exhibit 6). and handed them to Detective-sergeant Howard.
Detective-sergeant THOMAS HOWARD, Edmonton. At 9 a.m., on September 16, I searched the rooms at 25, North Road, accompanied by Gledhill. In the middle bedroom, on the first floor, I found this box (Exhibit 12). It was locked, and Gledhill broke it open. It contained A tin box, which contained these 43 live cartridges Exhibit 7); four of them appeared to have been struck by the hammer of a revolver, but they had not exploded. They all fitted the revolver (Exhibit 4). I found no revolver nor any more cartridges. I took possession of the under-bed clothing on the bed in the front bedroom, and a shirt and collar which were in a cupboard in the middle room; they are all in cluded in Exhibit 8. I received the bundle of clothing (Exhibit 5) from Skeels and handed alt, with Exhibit 8, Exhibit 4, and Exhibit 7 to Dr. Willcox on September 18. On the 26th I received them all back from him in the same condition, and in addition, this spent bullet (Exhibit 10). Detective-inspector Ashley and I could hear quite plainly what each other said in the adjoining bedrooms of No. 23 and No. 25 if we raised our voices; the window nearest to No. 23 was open at the time; I cannot say if the window in No. 25 was open.
Cross-examined. The tin of cartridges was under a tray in the box with some cash and some memo forms.
Dr. CHARLES GEORGE BURTON, 91, North Road, Edmonton. At 11.45 p.m. on September 15 I was called by Page, who was only partly dressed. I went to 25, North Road. The door was opened by prisoner. I asked him if it was the right house, and he made no reply. I asked him if a man had been shot there, and he mumbled something. Me was swaying and I thought he was under the influence of drink. I went into the first-floor bedroom, where I saw deceased lying on the bed. I asked him what was the matter, and he said, "I am shot in my chest." He showed me a wound. The light was dim, and I shouted to prisoner, who was downstairs, to put a penny in the gas meter slot. He said, "I haven't got a penny." I gave him one, and half a minute after the light went up. I then examined deceased's wound. On my way to the surgery to get some dressing I saw Police-constable Byron, whom I had met on my way to No. 25; he came with me. On my way back he pointed to a man, and said, "This man has come out of the house." I did not recognise him. I ran in the house and saw Dr. Evans, Jones, and Dawson. While waiting in the kitchen with prisoner and Annie Page, for hot water, prisoner said nothing. I sent for the ambulance, and while waiting for it in the bedroom Gledhill came in, obviously drunk; he fell on top of the deceased, who pulled him down to his ear and said something to him. I went with
Gledhill downstairs to the kitchen and found prisoner still there; he appeared to be sleeping. I said, "Your brother is very ill indeed and we are going to send him to the hospital. He might not get over it. Would you like same relation to see him?" He said something about his mother and father being too far off, but he had a brother living round the corner. Page said, "I should send for him, Jack." He said, "No; they have quarrelled." I was in the kitchen about 12 minutes, during which time they were drinking beer and using bad language to one another. In the presence of prisoner I asked Gledhill what deceased had said to him, and he said, "Ah, I know something ": he would not tell me what. Page said "He shot himself," and prisoner said, "Hold your b—row or you'll get one in the jaw." On the arrival of the ambulance deceased was put upon it wearing the shirt I found him in and wrapped round with the upper bed clothes. On September 17 I assisted Dr. Evans in the post mortem. In my opinion the cause of death was the bullet wound; the bullet entered about 4 in. below the left nipple and about 1 in. outside, eventually hitting the lower border of the kidney.
Cross-examined. I go to my surgery on Sunday evenings and leave about nine. I left about nine on this night. When I got to the door of No. 25 and prisoner opened the door, I thought he was under the influence of drink. Gledhill came in afterwards and said to deceased, "How are you?" Deceased replied, "Rough." Gledhill said. "You will get on all right." Deceased said, "I am done." I dressed the wound and gave him a dose of ether. He shortly vomited blood and I then knew he had been shot in the stomach. Before that I thought he had only been shot in the chest. Dr. Evans then went to fetch some strychnine. At that time I had formed the opinion that deceased's condition was very grave. I asked him who did it and he made a reply.
"Mr. Fulton proposed to ask witness what the reply was, on the ground that it was a dying declaration.
Mr. Justice Phillimore ruled that the question was admissible. [Rex v. Kelly, 1909, 2 K.B.]
To Mr. Muir. I told the injured man he might not get over it.) did not tell him he was dying. He said, "Are not you going to take me to the hospital?"
Cross-examination continued. I did not tell him he was dying because I did not think he was dying and it would have mentally depressed him. His answer was, "I did." I said, "What were you doing?" and he replied, "Trying to load it."
Dr. FRANCIS EVANS, 195, Hertford Road, Edmonton. At 10 minutes past midnight on September 16, I was called by Alfred Jones. He had a revolver in his hand. He spoke to me and I went to No. 25, North Road. I went upstairs and saw deceased in bed. Annie Page and a police-constable were there. Deceased was suffering from a wound which I attended to. After Dr. Burton arrived I went for some strychnine, and on my return saw prisoner and Annie Page in the kitchen and another man apparently asleep. I assisted in making
a post-mortem and produce diagram showing track of bullet. It entered at an angle of 30 degrees downwards. I was there when Gledhill same in, he was drunk.
WILLIAM HENRY WILLCOX , senior scientific analyst to the Home Office. I examined the body of deceased on September 18 with Dr. Evans and followed the track of the bullet. The diagram produced is accurate. If the pistol was held in usual way, and assuming deceased to be right-handed, it would have been practically impossible for him to have fired the shot himself either accidentally or intentionally. I produce the counterpane, two blankets, "and a sheet, showing holes made by bullet and the blood stains. From experiments I have made with another pistol, in my opinion the shot was fired at about a distance of six inches, probably three. If he had fired the shot himself and had been sitting up the bed clothes would probably have fallen down and there would have been no bullet holes in the bed clothes. If he had been sitting up he would have had to grasp all four bed coverings, and his elbow would then have been practically covering the place where the wound is. The pistol is out of order and requires a fairly strong pull. The appearances were consistent with some other person than deceased firing the shot.
Cross-examined. The revolver goes off all right the first time, but for a second shot the trigger must be pushed forward. It is possible that if the revolver had been twisted out of deceased's hand by another hand that the shot could have in been fired in the position in which it appears to have been whilst he retained hold of the pistol. The bullet might have been deflected by striking the rib, but not appreciably.
ROBERT CHURCHILL , gun maker, 8, Agar Street, Strand. The revolver produced is defective; it fires the first time, but the spring is missing and does not return the trigger to its place. I examined the Eley cartridges (Exhibit 7). I had some difficulty to fire them as the blow of the hammer is very weak. Exhibit 9, five live and one exploded cartridge, fit the revolver. From experiments I made with this pistol and Eley cartridges taken from the box and with the bedclothes produced I am of opinion that the muzzle must have been over five inches away, probably over six, when the shot was fired. I compared the marks made with the existing marks.
Cross-examined. If the trigger is back you can explode a cartridge when the hammer is at full cock by pushing it from behind; not if the trigger is forward. In a normal case the fall of the hammer is as strong when pushed from behind as when it is let down by pulling the trigger, but not in this case.
CHARLES GLEDHILL , electric lamp exhauster, 86, Forest Road, Edmonton. I lived in the same house as deceased until his death, and occupied the same bedroom. On September 12 I was at the club with prisoner playing darts and games with him. He asked me why Bousey—Charles's nickname—had left his job. He had been out ten days at that time. I said I did not know, but I supposed it would be all right. Prisoner said he did not like it; he did not think he should leave his jobs like that. When I came home on the Sunday night about 12.30,
I went up and asked him how it happened and ii he was hurt. He said, "Yes, it has done me in," and he began spitting blood. Before I went up I saw prisoner in the kitchen, and spoke to him, but he never answered. I made him wake up and asked him what was the matter and he said, "Go up and see," and he mumbled he would tell me later. I said to deceased, "You did not do this, did you, Charlie?" and I got no answer; he was vomiting blood. I did say before the coroner: "I said, 'You have not done this, have you?' He said, 'Wait and I will tell you.' I then said, 'Charlie, tell me how is it?' and he then muttered very feebly in answer." He did not go on to say, "He has done me in." His words were, "I'm done in," not "They have done me in," or he might have said, "It's done me in." I would not swear to the exact words, as I was in a muddled state, but I think he said, "It's done me in, ". I believe what I said before the coroner was read over to me.
Cross-examined. I had had a lot of drink and don't clearly recollect what was said. Prisoner and his brother always lived on good terms. the revolver produced and cartridges were given to me to sell two days alter prisoner's brother Will went to America. The last time I saw them was on the mantelpiece of the bedroom I shared. C. J. Mansfield gave them to me to sell.
Re-examined. I did not see it after September 4 or 5, when prisoner's brother Arthur had it in the kitchen and took it to pieces to try and mend it. I do not know how the cartridges got into prisoner's room.
Divisional Detective-inspector JOHN ASHLEY. I saw prisoner at Edmonton Police Station on September 16, and told him I was going to charge him with the murder of his brother with a revolver, and I produced the revolver to him. He made no reply then, nor when the formal charge was read over to him.
Cross-examined. Prisoner attended the inquest except on the last day when he was ill.
JOHN MANSFIELD (prisoner, on oath). At the time of my arrest I shared No. 25, North Road, with my brother Charles and Gledhill. I was employed as attendant at the District Council baths. Before that I was 12 years in the Army and was discharged as a time-expired man four years ago. I was in the Rifle Brigade; my brother Charles was in the same Brigade in a different battalion, and I joined the same battalion so as to be near him. My brother's time expired at the beginning of this year, and we took the house at Edmonton so that we might be together. I have always been on good terms with him. He had been out of work a fortnight when this happened. During that time I paid the household expenses And sometimes gave him money. My brother Will, who was also in the Rifle Brigade, went to America three or four months ago and left some small articles behind him, among them the revolver and cartridges which I gave to Gledhill a
couple of days afterwards to sell. I saw my brother Arthur attempting to clean it and make it work in the kitchen about September 5, and I did not see it again until the night of my brother's death. The cartridges were in a drawer in the kitchen, and three or four days after the 5th I took them and locked them up in the box that has been produced. I used to keep money and private papers in it. On the Saturday night before this happened I was playing the violin at a concert at the club. I saw my brother in the bar there but did not speak to him, not because we were on bad terms but because he was at the other end of the bar. I was not there more than a minute. Atter I had played I went back to the bar and had a drink and called for half a quartern of whisky, which I took home in a bottle. I went straight home, It was about 11 o'clock. There was no one in the kitchen, so I went up to the door of my brother's room and said, "Are you all in?" He said, "No, little Charlie is not in yet." I was rather surprised to find my brother in because I thought he was still at the concert. I did not know he had left. I said, "Hullo, what are you doing home so early as this for?" He said, "I had a bloody lot to stop there for." He was undressed and in bed and appeared in a very bad temper, so I said, "What was up? If you didn't have anything you know I had plenty." I thought he meant I had not given him anything to drink. He said, "Yes, get a bloody lot off you." I said, "I don't think I do so bad," and from that we started quarrelling and using bad language. I naturally talk louder than my brother. That went on for about 10 minutes, and I wanted to stop, so I went out with the intention of getting some supper. I stepped into the next room and gave the whisky to Annie Page. She was in bed. I asked her, "Is there any supper downstairs?" and my brother shouted out, "Leave that bloody stuff alone; I put that there." He did not say who for. I walked back into his room and said, "You put it there. I thought any stuff there belonged to any of us in this house." We had a few more words, and then he drew his right arm across and said, "I'll stop your bloody shouting," and I saw he had a revolver in his hand. I said, "You rotten sod," or something like that, and turned and gripped his band, and instantly there was a report and the revolver dropped on the bed. I picked it up and said, "I am going for the police." He said, "Don't go for the police; it is my fault. Come round and lift my head up." I lifted his head up and he said, "Go and fetch young Charlie Gledhill" and then Annie Page came in, and I told her to go for a doctor, and I went out of the house towards, the club to fetch Gledhill, and met Jones at the door. I said, "Go and tell Charlie Gledhill I want him quick." He said he had not been to the club, so I said, "You'll do, come outside," and when he came out I said, "I've shot Charlie; come round and see," and I handed him the revolver, and we went back to No. 25 together. He went upstairs and came down almost immediately and went for a doctor. As soon as he had gone. Dr. Burton arrived. I opened the door to him and then I went out to find Gledhill, and waited at the end of the road undecided which way to go, and then
a constable came up and asked me to go back with him to the house, which I did. I went upstairs, but not into the room, because the two doctors were there, and I thought there were enough people in the room. It is quite a small room. I may have said to Jones when walking from the club, "I have done him in. I wish I had done myself in as well." I was so excited I don't know what I did say for a bit. I went down and sat in the kitchen with my elbows on my knees and my head in my hands, but I was not asleep. I made no reply when I was charged because I thought it would be better said in front of the Court than in front of police officers. I was present on the first two occasions at the inquest and intended giving evidence on the third occasion, but I was ill in Brixton Prison and unable to go. Before the Magistrates I made the same statement as I have made here.
(Thursday, November 7.)
JOHN MANSFIELD (prisoner) recalled (cross-examined). After my brother left the Army he got a situation as a tram driver. I was car washer to the same company. My brother never had a regular job; he was what they call an odd man. His wages were between 20s. and 30s. a week. He left that employment because the money was not enough. He then got a situation at "The Roebuck" as barman. He left that for a similar one at Wands worth. He was not living with me during this time, but he used to come and stop one night a week. He left his situation at Wands worth about the end of August. He never told me why he left. I said to Gled hill, "What did he leave that job fort" He said, "I do not know, but I suppose it is all right." I said, "I do not think it is right that he should turn in these jobs after you getting them." I did not say to Gledhill that I would not speak to him. My brother did not object to Page coming to the house; in fact, when it was in a bit of a muddle he asked me to ask her to come and clear it up. On the Friday I had had a quarrel with Page; not a violent quarrel; I did just slap her on the face. On the Sunday after dinner I spent most of the day with her. She did not say, "I will have my own back, Jack; I will blow your brains out." I admit that I said, "You are always saying you are going to have your own back," but I did not say, "Where is the revolver?" or anything like it. I did not say, "Here is a couple; try if you like, meaning cartridges." I do not know any reason why Sanderson should say I did; he is a man I very seldom speak to. I did not have any cartridges except those that were locked up. I had none loose in my possession. I should think the last time I saw the revolver was on September 4 or 5. I saw it after my brother Arthur had left home, probably the next day. That is the last I remember of it. I locked up the cartridges after seeing my brother Arthur playing about with the revolver. There were no loose cartridges about then to my knowledge. I have never tried the revolver myself or seen anybody try it. I have never seen it in the possession of my brother Charles. I
have not the least idea how the revolver came to be loaded. I may have said, "I think I have done him in; I did not have quite enough pluck or I should have done myself." I was very upset and excited, and I considered that I was in measure responsible for it, catching hold of his hand and so on. When my brother pointed the pistol at me he produced it from the other side of the bed—it may have been from under the bed clothes. When I heard Page tell the inspector that I was not in the house when the shot was fired I thought she raj trying to shield me; that is why I remained silent; besides, I thought my brother would probably give some explanation of the affair. I knew that Page was not telling the truth, but I thought she really knew nothing about the affair and was jumping at conclusions. When Page said to Dr. Burton, "Oh, he shot himself," I did threaten her and tell her to shut up. This story about its being an accident I first told to my solicitor in Brixton. Prison two or three days after the death.
Verdict, Guilty of wilful murder, "with a strong recommendation mercy."
BEFORE THE RECORDER.
(Wednesday, November 6.)
Mr. Metsler prosecuted.
Two previous convictions were proved.
SIDNEY REGINALD DYER , medical officer of Brixton Prison, said I that prisoner was suffering from deafness, bronchitis, and emphysema, land he thought he would be better off in prison, where he would be taken care of in the infirmary.
Sentence: Eight months' imprisonment, second division.
Mr. Macklin prosecuted.
Previous convictions were proved, dating back to 1894. He had done no work for ten years.
Sentence: Eighteen months' hard labour.
BURGHES, Alexander Macleod (70, agent) , having been entrusted by Julia Ann Macdonald with certain property, to wit, the sum of £50, for a certain purpose, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. Ian Macpherson prosecuted; Mr. Lewis defended.
JULIA ANN MACDONALD , authoress. I wrote a novel called "While the Music Lasts." I got into communication with the prisoner, a literary agent, in the early autumn of 1910 through an advertisement in the "Author's Year Book," and after some negotiation he told me he had found a publisher for my novel. He wrote me saying Messrs Ouseley would publish it if I paid £50 towards the cost of production. I sent the money in banknotes and had a receipt and a letter from the prisoner saying the book would be brought out in the autumn and I signed an agreement with regard to it. Later, I received another letter from prisoner informing me that Mr. Ouseley said it would be better to bring out the book in the spring, to which I unwillingly agreed. I heard nothing more about the publication and in May, 1911, wrote again to prisoner making inquiries. I received no reply and on my husband's calling at the prisoner's place of business he was given to understand that prisoner was dead, but prisoner's son gave him an I.O.U. for £50. My husband eventually saw prisoner.
Cross-examined. I first knew prisoner in December, 1906. I may have been slightly influenced in going to him by the testimonials which I saw in the "Author's Year Book." I did not know that Christmastime was a bad time of year to publish a novel. I did not ask him for the return of my £50 and I did not instruct a detective to call upon him.
ERNEST EDWAED CRANTON . I am secretary to John Ouseley and Co., Limited, and have the control and administration of the office. The MSS of the novel, "While the Music Lasts," was submitted by prisoner and we considered that if published it would be a success. We agreed to publish it if Mrs. Macdonald paid £50 towards the cost. We told prisoner this. We should have published it in the autumn and were only waiting for the £50. The agreement of September 22, 1910, produced, was drawn up and signed by Mr. Wintle, a director of the company. We never heard of any arrangement to postpone publication till the spring of 1911.
Cross-examined. I never had an interview with prisoner about the book, nor to my knowledge did Mr. John Ouseley. The matter was in my hands, but the letters were signed by the managing director.
JOHN OUSELEY , managing director, John Ouseley and Co., Limited. I did not know much about the transaction with regard to the novel, and was not aware that Mr. Wintle had signed the agreement produced, but I recognise his signature. I have had no personal communication with prisoner on this matter, and did not tell him that it would be better to publish the book in the spring. We would have published the book immediately on receipt of the £50.
Cross-examined. I have had a good many business transactions with prisoner, and as far as I know he enjoyed a good reputation in the City. I know nothing about the various sums of money alleged to have been paid to my firm by him, but we had several other transactions with him besides this one. I am not now a member of the firm.
The £50 mentioned in it was never received by us: Had it been, we should have published the book at once. We were most anxious to publish it. I never made the representation contained in prisoner's letter of October 1 to the effect that it was advisable to postpone publication till the spring.
Cross-examined. In my opinion it would not have been better to postpone publication till the spring. Before I entered this business I was a schoolmaster.
ERNEST EDWARD CRANTON , recalled. I produce the books of the firm for the period in question. Prisoner paid us £50 on December 12, but that was a loan, and it was repaid shortly alter, as the books show. It had no relation to this transaction whatever, nor had any of the other sums paid us by prisoner.
ALEXANDER MACLEOD BURGHES (prisoner, on oath). I have been in business as a literary agent for 33 years, and have acted for people of some celebrity in the literary world. I remember prosecuitrix submitting to me the MSS. of "While the Music Lasts," which I eventually placed with Ouseley's in August, 1910, on the terms that she was to pay £50 towards the coat of publication. Soon after she paid me the money I met with an accident, and being 73 years old it incapacitated me for about three months. I was away on and off altogether seven months, during which time my ton Clement conducted the business and signed cheques, etc. I went away early in October, leaving sufficient money in the back to carry on the business. Prosecutrix paid me the £50 on August 24, and I paid it into my account on the 25th. I admit writing the letter of October 1, saying Mr. Ouseley considered it advisable to postpone publication till the spring and I say that Mr. Ouseley made that statement to me on several occasions. I believe I told him I had had the £50; there is no reason why I should not. I was very much surprised to find my banking account had been overdrawn by about £80 and closed. Man. Macdonald's husband called at my office and saw me last October and abused me, using very strong language and saying he would ruin me and my son if it cost him a thousand pounds.
Cross-examined. I do not know that Captain Macdonald is out of the country and therefore unable to give his version of the interview with me. I do not know why the £50 had not been handed to Ouseleys. It was an oversight that it was not paid to them before. I expect I wished to keep the money as long as I could, but not altogether. I fully intended to pay it. Even the letter which I wrote in December, 1910. declining an invitation to dinner with the prosecutrix and her husband, did not bring to my memory the fact that I had not paid the £50 to Ouseleys.
Verdict, Guilty; the jury recommended prisoner to mercy on account of has age.
Sentence was postponed till next Sessions.
Mr. Lindsay Davidson prosecuted.
EDWARD BARCHINSKI , manager of B. Edwards and Co., jewellers. Fleet-street. When I left the shop on October 16, at about eight o'clock p.m., the premises were intact. I was sent it for about midday the next day and told that the window had been broken and some rings stolen. The five rings produced are the property of my firm, and I value them at £4 14s. 6d.
Police-constable FREDERICK BATTEN. In the early morning of October 16 I was on duty in Fleet-street and kept observation on prisoner. I saw him break the window of Edwards' shop with his crutch, put in his hand and take something. When I arrested him I found the five rings produced, four in his band and one in his pocket, and his hand was covered with blood.
Police-constable CHARLES BAILEY, who was with the last witness, corroborated.
Prisoner stated that he did not break the window; he found it open and took the rings.
A previous conviction was proved. Prisoner is a cripple and unable to do ordinary work. The medical officer at Pentonville had certified prisoner as mentally deficient and quite unable to earn a living wage. Dr. Dyer, Medical Officer of Brixton Prison, now expressed the opinion that prisoner is of weak intellect.
Sentence: Nine months' imprisonment.
BEFORE THE COMMON SERJEANT.
(Wednesday, November 6.)
Prisoner confessed to having been convicted on June 5, 1909, at Middlesex Sessions, receiving two years' detention in a Borstall Prison for larceny. Two other convictions were proved. Prisoner was stated to have given himself up on these charges before he was suspected.
Sentence: Twelve months' hard labour on each indictment, to run concurrently.
Prisoner confessed to having been convicted on February 19, 1907, at Clerkenwell Sessions, in the name of James Fitzpatrick , receiving one month's hard labour, for stealing a cup. Twenty-one other convictions were proved for similar offences.
Prisoner. I have made strenuous efforts to get work, but what can I do with such a character against me; I must live somehow.
Sentence: Twelve months' hard labour.
Mr. Seymour Lunt prosecuted.
HENRY SHADBOLT , liftman, at 21, Great St. Helens. On October 21, at 11 a.m., I saw prisoner go up the staircase and followed him about a minute afterwards, no one else having gone up. I found some Scram lamps were missing, and informed a constable in the street. I had noticed those lamps just before prisoner went up. I had seen prisoner there before. When he came down I gave him in charge.
Cross-examined by prisoner. I identify lamps (produced) as corresponding with those lost, which were all of the same pattern. In the course of the day there were other people going up and down the stairs. I was keeping an eye on the lamps because we have lost them before. At the police station I first stated that we had lost one lamp; afterwards I found there were four missing. When arrested you said, "You have made a mistake, I have never been in the building before."
Police-constable HENRY WALTER GATES, 352 City. On October 21, at 11.10 a.m., I was on duty in Great St. Helens when prisoner was given into my custody, as he was leaving No, 21. He was carrying a wooden box without a lid, wrapped up fn brown paper and tied with string (produced). Shadbolt accused him of stealing lamps; I asked prisoner if he heard the allegation made against him; he said "Yes," He asked Shadbolt, "Did you see me steal any lamps; I Shadbolt said, "No, I saw you in the building some three weeks ago." He was taken to the station and asked if he had any lamps; he produced two out of his left-hand pocket, one out of his right-hand pocket, and one was found slipped under the brown paper in which the box was wrapped. He was charged and made no reply. In the wooden box were found eight other lamps; when asked to account for them he said, "I am an electrician, and I can give you a receipt for those lamps." He then handed me document (produced), which is practically an order for the lamps.
To prisoner. You were put up for identification with other men and a witness failed to pick you out; that was not Shadbolt.
FREDERICK CRUSH , chief salesman for Osram lamps, General Electric Company, 67, Queen Victoria Street. The four lamps produced are 210 voltage. We keep a record of all lamps sold by us; I have carefully searched our records, but cannot find any transaction with prisoner. Document produced by Police-constable Gates is with regard to two lamps which he brought to us about October 11 for examination, and which we replaced as defective. Three of the four lamps which prisoner is charged with having stolen have been used; I am not certain about the other one.
To prisoner. I do not know whether you have had dealings with us under the style of the Universal Electrical Company. (To the Court.) We sell lamps to shops which supply them to other people.
Prisoner's statement before the Magistrate: "I am not guilty and reserve my defence."
ALFRED SEARS (prisoner, on oath). On the morning in question I left my home with these 12 lamps, eight of which are 210 voltage. My object was to canvass and sell them; that is my business. I have been a small electrician and fitter for the last 12 years. If I had wished to obtain more I had a note (produced) which credits me for a lamp from the General Electric Company. I went through St. Helens on my way to two customers of mine, a tobacconist and a curiosity dealer, whom I have had for many years. I casually called at No. 21 to solicit orders; I went through the corridors, but seeing no likely chance of finding any customers in any of the offices, I came out again. At the door I was given into custody by Shadbolt; I was greatly surprised and said, "You must have made a mistake, I do not know what you mean." The constable said, "Will you accompany me to the station?" I said, "Certainly." At the station they said, "Have you got any lamps?" I said, "Certainly, it is my business, I have got a dozen or so," and then I pulled them out. Shadbolt says those lost were all the same pattern, but there is a difference in pattern in those produced which I am charged with stealing. I carry different patterns to suit customers. I had never been at 21, Great St. Helens before. At the police station they put me up for identification, but the witness was unable to identify me as having been in that building before.
Cross-examined. I got the four lamps which I am charged with stealing from the General Electric Company under the name of the Universal Electrical Company, which is my trade name.
Verdict, Not guilty.
GARNER. Angus (26, clerk) , stealing a banker's cheque for the payment of £270, the goods of George Bargate the younger; forging and uttering, knowing the same to be forged, a certain endorsement on the said cheque, with intent to defraud.
Prisoner was tried on the second indictment.
Mr. Henry Lancaster prosecuted; Mr. A.C. Fox-Davies defended.
GEORGE BARGATE , junior, Stephens Coombe, Grantown Road, Cornwall, mining engineer. On October 2 I arrived in London, with cheque (produced) in my possession on Lloyds Bank, Limited. Cheap side branch, payable to George Bargate, junior, or order £270 drawn for and on behalf of the Great Dowgas Tin Mines Company, Ltd., dated October 3. Next morning, while I was dressing. I missed it, and at once communicated with the drawers. The cheque is now endorsed "George Bargate, junior." I did not endorse it nor authorise the endorsement.
Detective-sergeant FREDERICK WAGSTAFF, City. At 5 p.m. on October 11 I was with Detective Hutton and Mr. Martin, chief cashier of Lloyds Bank, cheapside, in Howland street, Tottenham Court Road, when Mr. Martin made a communication to me, in consequence of which I went up to prisoner, who was standing with two other men, and told him I was a police officer and should take him into custody for stealing on October 2 a banker's cheque for £270, and on October 3 forging and uttering the same and obtaining £270 from Lloyds Bank, Cheapside. He replied, "You have made a mistake. I have never been to Lloyds Bank; I know nothing about the matter." Leaving prisoner in custody of another officer, I went to 19, Howland Street, where prisoner lived with a woman named Peggie Wilson. This woman handed me one lady's squirrel fur coat, one diamond cluster ring, two silver-backed brushes, one cameo ring, a pawn ticket for a gold watch bracelet, and a receipt for a suit of clothes purchased on October 4 at "John Dunks, tailor and habit maker, Quean's Road, Brighton" (produced). On the mantelpiece I found a picture postcard (produced), which bears no stamp, and has not been through the post, addressed to "Allan Garner, 10, Wharf, Amberley Road, Paddington, London, W. Dear A.—Good luck, old man, will be back in town Wednesday.—Gus." Prisoner is known to his associates at "Gus." In my opinion the handwriting on the postcard and the endorsement on the cheque are that of the same person. At Old Jewry Police Station I showed prisoner all these things I had found and told him that we should be able to prove that these things had been purchased with bank notes which were the proceeds of this forgery. He then commenced to make a statement. I cautioned him. He than said, "I met a man whom I do not know and played billiards with him until about midnight, with the result that I won £90 from him. He could not pay me and I went to his hotel in Berners Street the next morning at about 8.30. He asked me to cash a cheque for him and he would pay me the £90. I cashed the cheque. I do not know where the man can be found." When charged at Cloak Lane Police Station he made no reply. He was wearing a dark mixture suit, on the tab of which was the name of Dunks, which was on the receipt I found so his house. I searched him and found a gold Albert chain and coin, gun metal watch, gold turquoise ring, receipt dated October 3 from Madame Stace for £16 16s. for a squirrel coat, pawn ticket for a diamond ring, and lls. 7 1/2 d. in money (produced).
Detective-sergeant FREDERICK HUTTON, City, corroborated. After making the statement to Wagstaff prisoner said to me, "I will tell you where I cashed my nine notes. I cashed one at Stace's in the Charing Cross Road, where I bought the fur coat (meaning the squirrel coat), one I cashed at the jeweller's in Tottenham Court Road close to the cinematograph show, where I bought the gold chain I was wearing, another at the pawnbroker's in Church Row, Paddington, where I took two rings out of pawn. I changed the others at Robertsons, jewelers, in Edgware Road." The following morning, at Cloak Lane Police Station, I asked him if he would tell me the name of the public-house
where he played billiards on October 2 so that I could make inquiries on his behalf. He then said it was the "Crown" public-house, that he was playing between 11.30 and 12, and that he was well known by the billiard marker, Ray, who would also know if he won £90.
Cross-examined. Perhaps I did not say anything about Ray at the police court. At the time that prisoner told me where the notes had been changed we had traced them, but he did not know that.
THOMAS RAY , billiard marker, "Crown Hotel," Charing Cross Road. I know prisoner at a customer and the "Crown." I do not think he was there on October 2. I could not swear to it. I produce a document filled in at the time showing what games were played. No games of billiards were played on October 2—only snooker-pool. There are two billiard tablet.
Cross-examined. Playing billiards for money is illegal, so that care would be taken that I should know nothing about it. I go to the bar and get drinks for anyone who orders them.
Re-examined. Twelve games were played on October 2, of which I played in seven.
ROBERT JOHN MARTIN , head cashier at Lloyds Bank, Cheapside. On October 3, shortly after 9 a.m., prisoner presented the cheque (produced), endorsed and payable to George Bargate, junior." I asked him if he was George Bargate, junior. He said, "I wish I was; I should be doing better than getting £10 a month. Then he said, "I am an old "Varsity man and a half Blue." I asked him how he would take it. First of all he said £10 notes, and then, "Perhaps I had better have £10 in gold." I then handed him twenty-six £10 notes and £10 in gold. I have an extract from the bank's books certified by the manager.
Mr. Fox-Davies submitted that under the Bankers' Book Evidence Act witness was not an officer of the bank, and therefore could not give the numbers of the notes.
Witness (to the Judge). When we give notes an entry is made at the time in the cash-book, which is one of the ordinary books of the bank, and is always in use. I copied the extract produced from the cash-book and submitted it to the manager, who certified it. Witness was directed to produce the cash-book.
(Thursday, November 7.)
ROBERT JOHN MARTIN , recalled. I produce cash-book in which I made an entry of the numbers of the notes at the time T cashed the cheque. I gave prisoner twenty-six notes numbered 88694-700, dated September 15, 1910, and 13651-69, dated October 15, 1910. It is my duty to notice handwriting particularly. T should not like to say that the handwriting on the picture postcard and the endorsement on the cheque were of the same person; there is hardly enough to go on; there is only one letter; there is a slight similarity about the "G"
THOMAS ZWINGER , clerk, Bank of England. I produce twenty-four £10 notes, numbered 88694-700 dated September 15, 1910, 13651-57, October 15, 1910, 13659 and 13661-9 of the same date. These notes have been paid in by various banks, showing they have been in circulation.
SOLOMON JACOBS , 12, Coborn Road, Bow, grain sampler and tally clerk. On the night of October 2 I stayed at 19, Howland Street Tottenham Court Road, with a young lady named Abbott. I got up next morning at 11 a.m., and went down Tottenham Court Road with prisoner, Abbott, and Peggie Wilson. Abbott and I then left prisoner and Peggie Wilson, but met them again at Madame Stace's in Shaftesbury Avenue, where I found prisoner had just bought a coat like the squirrel fur coat produced. Peggie Wilson was wearing it. We then all four went in a taxi to Robertson's, jewellers, Edgware Road. Robertson's have two shops there, and prisoner and Wilson went into the firsshop while Abbott and I waited outside in the taxi. We then all four went into the shop further on, and prisoner bought some things there. Prisoner owed me £6, and he bought me a gold Albert, watch and a 20-lire piece (produced). I think two or three £10 notes were passed there. We then went into a pawnbroker's in Church Row, off Edgware Road, where prisoner redeemed two rings (produced). I think he paid with a £10 note. I parted with prisoner at the top of Edgware Road, and met him again between 3.30 and 4 p.m. in Howland Street. We then packed up a few things and took the 4.30 train to Brighton, where we four stayed from Thursday till the following Tuesday. Except for £3 or £4 which I paid, prisoner paid the whole of the expenses for the four of us.
ALBERT JOHN BUNK , assistant to A. and C. A. Robertson, 199, Edgware Road, jewellers and pawnbrokers. On October 3 at about noon prisoner and another man called and purchased a single stone diamond ring, a diamond cluster ring, a metal watch, a gold watch charm, a 20-lire piece, and a sovereign case. (All produced.) Prisoner paid by means of four or five notes.
Cross-examined. I think prisoner has bought articles before so my shop.
STANLEY FRANCIS COLEMAN , assistant to A. and C. A. Robertson. On October 3 at about noon prisoner bought a gold expanding wrist bracelet and gold watch (produced), which he paid for with a £10 note. I changed another £10 note for him.
JAMES JOSEPH SAMUEL DODIMEAD , 40, Tottenham Court Road, jeweller. On October 3 at 9.30 a.m. prisoner bought gold Albert (produced) for £1 10s., and paid for it by a £10 note, No. K13652, which I paid into the London County and Westminster Bank, Bloomsbury.
AMY NEWMAN , assistant to Madame Stace, 128, Charing Cross-Road, lady's costumier. On October 3 at about 11 a.m. I sold squirrel coat (produced) for £16 16s. to prisoner, who paid for it by a £10 note and coin.
Prisoner's statement before the Magistrate "I plead not guilty and reserve my defence."
ANGUS GARNER (prisoner, on oath). On October 3 just after 9 p.m. in the West-End, I think in Coventry Street, I met a casual acquaintance whose name I do not know, whom I have met in restaurants and different hotels two or three times before, lie asked me to have a drink, which is a general thing when I meet him; we went to the "Imperial" public-house, and then to the "Crown "; I had several more drinks there, and I went down to the billiard room once or twice, but the tables were engaged. When the tables were free, at his suggestion I agreed to play a game of snooker pool, which is a kind of billiards. He asked me it I would like a bet on the game; I said, "Yes, what would you like?" He said, "Anything you like." More injest than anything else I said, "I will play you for £10 and £2 a ball." He agreed readily—I was rather surprised at his agreeing so quickly. The result was that I beat him by 40 balls, making a gain of £90. I did not expect to get paid. I asked him if he would like to play another game to get his own back; he said, "No. How much do I owe you for this?" I told him £90. He said, "I have not the money on me now, but will you call at the Berners Street Hotel, where I am putting up, to-morrow morning between half-past eight and a quarter to nine in the lounge." I had a lot more drink, and we then got in a taxi. I dropped him at his hotel in Berners Street and went home to 19, Holland Street, where I lived. At 8.30 a.m. next morning I went to the "Berners Street Hotel," where I saw him in the lounge. He told me he had a cheque to cash, and asked me if I would go with him to the City. We went by Central London Tube to the Post Office Station, arriving there at 8.53. He said, "Well, it is not time for the bank to open," and asked me to have a drink, which, we did. We stayed in the public-house for about 10 minutes, when he asked if I would mind going to the bank for him with this cheque. I said, "Certainly not," and he handed me the cheque. He had told me that morning that his father was a very wealthy man and allowed him plenty of money. Thinking it was quite straight I took the cheque to the bank; the evidence of Mr. Martin is quite correct. I also said that the half Blue was for boxing. That was not true; I said it because the man whom I thought to be
Mr. Bargate had been bragging so much about his father that I thought I would say something of myself, too, and then the cashier might repeat my words to Mr. Bargate. I once went down to Cambridge as the guest of an undergraduate and tried to get him his half Blue in boxing, but he was a hopeless case. While I was up there I used to dine in Hall with the other undergraduates. I gave the money I received for the cheque to the man I thought it belonged to, and he handed me nine £10 notes, which I spent as has been stated. When Detective Wagstaff arrested me I was frightened and told him I had never been to the bank. Directly after he left me I started to to tell another officer the truth, but he stopped me and told me it was nothing to do with him, and I had better tell Wagstaff. I told Wagstaff the truth the next time I saw him.
Cross-examined. I am a clerk; I was earning nothing before my arrest, but I was getting money from friends. I had £10 when I played with this man; as soon as he picked up the cue I knew I could beat him. I did not tell the police I did not know this man, I said a man I had seen before, but I did not know his name. I played I suppose for about half an hour.
Verdict, Guilty of uttering.
Prisoner confessed to having been convicted at this Court on April 25, 1911, receiving nine months' hard labour for forging and uttering a postal telegram for £5, and another conviction was proved. He was stated to be the constant companion of men living on the immoral earnings of women.
Sentence: Twenty months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, November 6.)
MAY, Harry (34, hawker), pleaded guilty of obtaining by false pretences from Thomas Edward Webber, one horse; and attempting to obtain by false pretences from Albert Sharp one gramophone, in each case with intent to defraud.
Prisoner confessed to a previous conviction. Other convictions were proved.
Sentence: Twenty months' hard labour.
CHENOWETH, Tom (33, clerk), who pleaded guilty at the September Sessions (see preceding volume, page 518) of unlawfully with intent to defraud making and concurring in making certain false entries in documents and accounts, the property of the Hoyt Metal Company of Great Britain, Limited, his masters, was brought up for judgment.
Prisoner was released on his own and another's recognisances in £50 respectively to come up for judgment if called upon.
Mr. Metcalfe prosecuted.
WILLIAM ALFRED HALL , 5, Bow Common Lane, E., manager to G. Wiseman and Sons, Limited, carmen and contractors. Prior to April 16 prisoner had been in our employ 10 or 12 days. On that day I ordered him to take out a pair horse and van to Pacific Wharf and there load up with £79 worth of petrol, which he was to deliver to the Gas Lighting Improvement Company, Peckham. I did not see him again until his arrest. The van and horses were delivered to us by the police. No trace of the petrol has been found.
RICHARD LONG , storekeeper, Gas Lighting Improvement Company. I was at Pacific Wharf, West Ham, on April 16. I loaded a pair horse van belonging to Messrs. Wiseman. Prisoner was the carman. 700 gallons of petrol were loaded. Prisoner left the yard and reported at the office.
Police-constable JAMES PAYNE, 521 K. At 9.15 p.m. on April 16 I found a pair horse covered van in Old Ford Road belonging to Messrs. Wiseman. I took it to Bow Police Station. The van was empty.
Detective JOHN HANCOCK, K. On October 16, in company with Detective Bradshaw, I arrested prisoner at Lower Edmonton. I said to him, "I am a police officer. I shall arrest you for stealing on April 16 a vanload of motor spirit, value £79, the property of Wiseman's, where you were employed as carman." Prisoner said, "All right. What do they say I have done?" I said, "It is alleged that you were sent out on that date with a pair horse vanload of motor spirit to deliver to the Gas Lighting Improvement Company's wharf at Peckham; you failed to do so and they have not seen or heard of you since." Prisoner replied, "I admit I am the man, but what I should like to know is who has shopped me. Was it my wife? I reckon she has done it on me because she came over from Stratford on Sunday night to see me, and I gave her a good hiding and got pinched over her. I had the stuff right enough, but I shall not tell you any more about it. I did not do very well out of the job." At Edmonton Railway Station Detective Bradshaw was with me; prisoner said, "It is a good job you have these handcuffs on or I should have had a go for it." I conveyed him to West Ham Police Station, where he was charged. He made no reply there. On the following morning he was conveyed to West Ham Police Station, and at the rear of the court he said, "I shall tell the magistrate I left it outside a coffee shop. I might as well have a tale to tell as other people."
Detective JOSEPH BRADSHAW corroborated.
I was in the coffee shop half an hour. When I came out the horses and van were gone. I had got two or three convictions against me for felony and suspected person, but I was innocent that time, so I was frightened to go back. I knew the police would not believe it, so I went away. I knew I should have got into trouble for what I had done before, so I went away. I have been doing work since for myself, haymaking and costering, and have been at work since my last conviction three and a half years ago. I served in the Army part of the time.
Cross-examined. The name over the coffee shop is Garrett. There were two or three men outside a little way off. I asked one of them about my van when I came out. He was a carman. He had one of Stone's vans there. I did not complain to the police; I was afraid. I thought about it as I walked along. When Detective Hancock saw roe on October 16 he asked me if my name was William Davey. I said "Yes." He said, "I want you for stealing petrol from Wiseman's," He took me there. I never said another word. I said, "Who has shopped me?" nothing else. I said, "Is it my wife?" I did not say, "I reckon she has done it on me because she came over from Stratford to see me and I gave her a good hiding," or anything like that. I hit her once. I don't call that a good hiding. I did not say I got pinched over it. I got locked up, but I do not use them expressions. I said, "Was it my wife? She was over here on Sunday night and I hit her." I did not say anything about the coffee shop when I was arrested. I mentioned it at the police station. I did not say anything about it being a good job I had the handcuffs on. I did not see Detective Hancock at the rear of the police court. I did not speak to him.
Prisoner confessed to a previous conviction. Other convictions were proved.
Sentence: Eighteen months' hard labour.
Mr. Stanley R. Crawford prosecuted.
ARTHUR CALLAGHAN . I am employed as errand boy by Messrs. Frith and Cox. leather goods manufacturers, 5 and 6, Bridgewater Street, E.G. Mr. George Abbott is their London agent. Between 5 and 6 p.m. on October 25 I padlocked the basement of the warehouse and left. I returned to the basement twice. The second time prisoner passed me on the stairs. He had a black eye with a plaster across it. He was carrying three parcels. One of them is here. As he passed me on the landing he said, "They are shut now. I will have to come back in the morning." I do not know who he said that to. I went downstairs and found the door open that I had padlocked. The padlock was gone. I immediately ran up into Bridgewater Street and round Barbican and saw prisoner going along Barbican with the parcels. I said to him, "Have you just been round to Frith and Cox
with some parcels?" He said "Yes, I made a mistake. I ought to have gone to Smiths in Golden Lane." I said, "You ought to have gone to Smiths in Golden Lane! Take those parcels back." He said to me, "What is it to do with you?" I said, "It is to do with me. Take those parcels back." He turned round as if to go back. Then he dropped the parcels and struck at me and ran down Golden Lane. I immediately called a policeman., who ran after him. I picked the parcels up and went back to the firm to see if anybody else was there. I afterwards saw prisoner at the corner of Golden Lane with the police-man. The parcels contained 31 bags, the property of my employers.
Police-constable KILL, 354 A. I saw last witness on October 25 about 6 p.m. in the neighbourhood of Bridgewater Street. He was following prisoner, who was running, shouting "Stop that man." Prisoner continued running. I gave chase. At the corner of Cripplegate street I blew my whistle. Prisoner doubled round a van and walked along the footway. I did not lose sight of him. I stopped him. He said, "You have made a mistake; I have just come from work at Glasshouse Yard." He said that before I spoke to him. I said, "We shall see. You must come back to Barbican with me." He repeated, "You have made a mistake." He had a black eye right from one eye across the nose, strapped up with plaster. He was afterwards taken to the station and charged. In answer to the charge he said "All right." He said he had been employed at Glasshouse Yard up to about three weeks ago.
THOMAS GEORGE JACKSON (prisoner, on oath). I was 23 last August. I had been to Glasshouse Yard, where I was formerly employed, to see if it would be any good my going in the morning. Finding no one there, I went for a walk round, thinking I should go back again. Going from Aldersgate Street to Barbican I saw a fellow running towards me. I heard a policeman's whistle go directly after. Naturally I ran into the road to see what was the matter. I saw the van. The constable caught hold of me. He said, "Come on." I said, "You have made a mistake. I have been in work and got work to go to now. I have no need to do such a thing."
Cross-examined. Between five and six I was with a friend and a corporal in the 11th Hussars at the Cattle Market. I can prove it was five past six when I left the corporal at Essex Road to go to Glass-house Yard. I left Essex Road at 10 minutes to six. I never got down to Glasshouse Yard till just before six. If I remember right it was about two minutes past six by Beaman's clock. I don't walk about with nothing on me to do warehouse breaking. I had been to Clerken well Police Court in the morning over my eye. My friends are not here. They have gone back on furlough. One is George Norris. I have not been out with the corporal before. He was a witness against my eye. That is how I come to know him.
Prisoner confessed to a previous conviction.
Sentence: Six months' hard labour.
Mr. Clarke Hall prosecuted.
Sentence: Three months' imprisonment, second division.
Mr. Tully Christie prosecuted.
The prosecution offering no evidence, the jury were directed to return a formal verdict of not guilty.
Mr. Metcalfe prosecuted.
Prisoner confessed to a previous conviction. Other convictions were proved.
Sentence: Six months' hard labour.
STEPHENS, Ernest Franck Hall , being entrusted with a certain sum of money, to wit, £1 18s. 10d., the moneys of Charles Edward Newling and others, unlawfully converting the same to his own use and benefit.
Mr. Curtis Bennett and Mr. Tully Christie prosecuted; Mr. Purcell defended.
CHARLES EDWARD NEWLING , 56, Ranelagh Road, Tottenham. I am hen. secretary of the Tottenham and Edmonton Carnival Fund. The subscriptions go to the Prince of Wales Hospital. Prisoner was hon. secretary of the Edmonton Ward of this particular carnival. In July of this year the committee issued a number of tickets for a fete to be held at Pymm's Park, Edmonton, and for a dance to be held at the town hall. Their sale was entrusted to prisoner. On October 16 I saw prisoner at the Town Hall, Edmonton. Exhibit I was then produced by one of the auditors as an account he got out to show the deficit. I said to prisoner, "Is this corect?" He said "Yes, but my mother had the money." Three amounts, 10s., 5s., and 3s. 4d., shown there as having been paid, have not been paid over to me.
Cross-examined. I believe prisoner and his father are both in the service of the Great Eastern Railway. Besides receiving money for tickets prisoner had also to make payments subject to the consent of his committee. Prisoner admitted baring received the amounts stated in the account. I have Heard that his mother was at one time in an institution for persons suffering from mental trouble. I have not heard that since that time she has been a trouble and anxiety to her family through her mental condition. I have not taken the trouble to inquire that he bears the highest reputation among all those who have known him. I did not hear him say with regard to the 3s. 4d. that he had not received it.
MARION MAY BARRASS . I am a member of the Edmonton Committee of the Tottenham and Edmonton Carnival Fund. Prisoner was present at a committee meeting held on September 20. He produced a balance sheet showing a total of £14 3s. 4d. was due to the fund. I asked him if he had brought the money with him. He said he had not. I said, "Where is it?" He said he had not got it all. I said, "Why did not you bring with you what you have? What have you done with the other?" He said he did not know; it had gone somehow. He was asked to attend a special meeting on the next Monday. He said he would come and bring the money with him. I called on September 23 about half-past one at his house. I asked him if he had the money, and I also saw that he had a bag in his hand. I said, "Surely, Ernest, you are coming to-night to pay that money that you have and do your best to bring the other with you. Surely you are not going away, If you do, mind, you go at your peril." He said he was not going away. I asked him what the deficit was, and he said that he had in the house between £5 and £6, and that the deficit would be about £9 or £10. He did not attend the meeting. Next day I called at his house. I did not see him. I paid him 3s. 4d. on July 31. He has not paid over any of the money.
FLORENCE GILDER , 3, Edmund Road, Edmonton. On August 7 I handed prisoner £1 5s. 6d. for tickets sold by me for the fete to be held on the 26th. I was present at the meeting on September 23 at 8 p.m., which was specially fixed. Prisoner did not turn up.
(Thursday, November 7.)
ERNEST FRANCIS HALL STEPHENS (prisoner, on oath). I am 19 years old. I live with my parents at 23, Findon Road, Lower Edmonton. I am clerk in the cash office of the Great Eastern Railway. I have been in their service four years. A few days before this fete I was appointed to get ready the bills and advertisements. Mr. Fresman left with me 2, 000 tickets value £25. I paid away bills for things that had to be ordered for the fete. The money I received for the tickets I put in a cash bag, tied it up, and put it in a drawer in my bedroom. I found when I went for it that it was gone. That was about three weeks afterwards. I had not put anything in or taken anything out in the meantime. At one period my mother had to be taken care of for some time. Our family consist of my father, mother, myself, and eight brothers and sisters, all younger than myself. When I found that the bag had gone I asked my mother. She said she knew nothing about it. I thought she might have had an attack and moved it and forgotten where it was. and was waiting to see if she would come round and be able to tell me where it was. About a fortnight elapsed before I told my father. I used to ask my mother every
day about it. I rendered an account showing a deficit of £17 odd. I have never denied that I had money belonging to the committee. As I had not the money I did not like to attend the special committee meeting. I was in Edmonton at the time. I was preparing to go for my holidays. I took part of them in August and part in September. There is a fund in the railway company that we draw on for our holidays. We pay in weekly to it. My salary was 17s. a week. I have not had a penny of this money. I recognise that I owe it to the committee.
Cross-examined. Mrs. Barrass warned me that the money had to be accounted for. I tried to barrow it on the 23rd. I went away on the 24th. I tried again to borrow it, but could not. That is the only effort I made. The money I told Mrs. Barrass that I had was my two weeks' salary and £2 10s. from the holiday fund. It was not part of the money that I had collected.
MR. S. H. PLATTEN, J.P., and chairman of the District Council, Mr. BENNETT, and Mr. PRESTIGE, cashier, Great Eastern Railway, testified to prisoner's high character.
Verdict, Not guilty.
BEFORE MR. JUSTICE PHILLIMORE.
Mr. Bodkin and Mr. Boyd prosecuted; Mr. St. John Morrow defended.
Detective WILLIAM ALLEN, L Division, proved a plan for use in the case.
(Friday, November 8.)
HENRY WALLACE HODGSON . Deceased was my father-in-law. He was 51 years old. He had good sight and hearing and was possessed of all his faculties; he was an accomplished cyclist; he used to cycle to and from the City every day.
WILLIAM WARWICK WAGSTAFF , house surgeon at St. Thomas's Hospital. On September 4 at 10.25 p.m. I saw deceased at the hospital; he was suffering from severe concussion; there were scalp wounds; the right ear was torn partly off; there were several larger cuts on the top of the head, one nearly four inches long; the skull itself was fractured. The cause of death was the injuries to the head.
CHARLES JOHN COUSINS , tram driver. For four years I have been driving a tram on the Elephant and Castle and Clapham route. Crossing Camberwell New Road and Kennington Park Road it is made a rule to stop at the Board of Trade stops. There is a stop about 20 yards before getting to the crossing. When crossing the speed there
is four miles an hour. There is a lot of traffic along Kennington Park Road and Camberwell New Road and Harleyford Road. On September 4 I was driving a car from the "Elephant" towards Clapham. About 9.15 p.m. I came to this crossing. I saw a motor-car coming along from the opposite direction; it was going about 25 miles an hour. I heard no horn or hooter sounded. As I pulled up at the stop. I noticed three cyclists going towards Clapham; they were going on the near side of my car. One of them, the deceased man, was the nearest to the kerb. As the motor-car came along it got to a stop, where another tramcar was pulled up, and the motor-car went to its off side, meeting the three cyclists. Two of them got out of the way, but the deceased was struck by the hood of the car and fell all of a heap.
Cross-examined. It is not the fact that the motor-car never went off the tram line; it was about the centre of the down track. With a heavy motor-car the sudden application of the brakes would lock the wheels; it might cause skidding. The three cyclists were jogging along at an ordinary pace.
CHARLES GREEN , newsvendor. On this night I was standing in Kennington Park Road outside the church looking towards Clapham Common. I saw a motor-car approaching at about 30 miles an hour. As it approached the stationary tramcar it swung round on the off side, swerved a little, and hit the cyclist. I did not hear any horn or hooter.
Cross-examined. My estimate of the pace is 30 miles an hour, but I am not a motor man; the car was going about twice as fast as the taxi.
STUART BARKER , stockbroker's clerk. On this evening I was riding an ordinary bicycle from the direction of Camberwell Green towards the Oval. As I got to the crossing at Kennington Park Road I heard some shouting and almost immediately saw the motor-car approaching; its pace was 23 to 25 miles an hour. I escaped by turning to the left. I saw the back part of the car swerve, heard a crash, and saw the deceased falling. At the time of the collision the pace of the car must have been reduced a little; the brakes were applied as it passed me, because I saw the sparks and it sounded as if the wheels skidded. I heard no horn or hooter.
Cross-examined. I and the other two cyclists were going about eight to ten miles an hour.
JOHN BEAN , newspaper cyclist. On this evening I was standing outside the Oval Tube Station. I saw a motor-car coming from the direction of Clapham; it seemed to be travelling very fast. Suddenly it made a sweep right out on to the off side tram lines and the rear side of the car knocked deceased down. I heard no horn or hooter sounded. I am no judge of pace, but this car was going about the fastest I have ever seen.
Detective WILLIAM ALLEN, recalled. On September 22 I saw prisoner at Charing Cross Station and told him I should arrest him for the manslaughter of Henry John Kerr. he said, "I am sorry to hear that; if I had known you had a warrant for me I should not
'have attempted to go away. I had a situation to go to in Paris and was going to meet the lady there to-morrow."
Inspector THOMAS DUGGAN, L Division. On September 22 I saw defendant at Kennington Lane Police Station. I read the warrant to him. He said, "I was going away to-night to France. I did not know there was a warrant out for me. I did not leave Mr. Pearson's service until last Thursday. I quite expected to be summoned. I did not know I was wanted. "In reply to the charge he simply said "Yes."
EDWARD MAHONEY (prisoner, on oath). I am 27 years of ace. I have been motor driving for about six years. I have been a total abstainer for eight years. At the time of the accident I was in the employment of Mr. Pearson. On the evening of the accident I had driven my mistress to the Shaftesbury Theatre. I left her there about 8.15 and was to come back at 10.30. In the interval I went for a drive; at the time of the accident there were two young men in the car with me. I have been driving in London five years and know Kennington Park Road and the cross roads very well indeed. It was close on a quarter to ten when I approached the cross roads; I was going 16 or 18 miles an hour. Coming to the cross roads I slackened speed. As I went down the Kennington Park Road there was a pair horse van standing near the kerb outside a confectioner's shop. As I turned round to clear this I saw a cyclist. I applied my brakes, which caused the back of the car to skid slightly, and the wheel of the bicycle must have caught my back wheel. The cyclist fell against the car's side window. I heard the smash of glass, I steered to the near side and pulled up. It is untrue that I ever got to the off side of the tram metals. Without stopping (which I could not have done) it would have been impossible to avoid the accident after I first saw the cyclist.
Cross-examined. This was an 18-25. p.m. Panhard Silent Knight car. I suppose it weighs about a ton and a half; it can go about 45 to 50 miles an hour. Going along Kennington Park Road I was going at top speed. I had no speedometer. When I left my mistress I went to the King's Hall dancing room in London Road, near the Elephant and Castle. Leaving the car outside I partook in some dancing. A friend of mine (Burnett) persuaded me to drive him and his young lady back to her house. Burnett, his young lady, and another friend, Barber, and a third man got in the car, and I drove a short distance to the lady's home. Then I was going back to the dancing hall to get my livery and I was going to drop the three men there. I admit that it is not the right thing to turn out to the off side to get behind a crossing vehicle without first ascertaining who is on the other side of it, but it is done every day. I had a very good hooter which can be heard 100 yards away; I did not sound it on this occasion because I did not expect to see anybody the other side of the van. At the time I turned to pass the van my speed was 10 to 12 miles an hour.
SIDNEY BURNETT , 485, Cambridge Road, E., bookmaker. I was in the car by the side of the driver. As we approached Harleyford Road there was a cart crossing in front of us from the Catford direction and a tram in front of us on the right-hand side by the compulsory stop going towards the "Swan." It had stopped. We were in between the two sets of tram lines; I saw one or two cyclists to the right, and as we were crossing the cross roads a cyclist, the deceased, came out from behind the tramcar at the stop in between the two sets of tram lines, and then the collision occurred.
Cross-examined. The driver slowed down a little before we got to the cross roads. I cannot speak as to the pace, as I do not know much about motor driving. When this man came out from behind the car the driver swerved to the left to avoid him and put the brakes on sharp.
GEORGE BARBER , 57, Great Peter Street, confectioner. I was riding in the back of the car; the car was closed. I should say the speed before the accident was about 16 miles an hour. I felt the car slow up as we approached the cross roads. I saw a cart crossing to go towards Vauxhall and the motor-car swerved to the right of it to avoid it. I then saw a cyclist, the deceased, on the off side of the tram. I noticed no increase of speed after we passed the cart at the cross roads.
Cross-examined. We drew out to the right rather sharply to pass the cart, but we did not go more than half way to the centre of the road. We never turned further to the right after passing the cart. Although we never got beyond the centre of the road I cannot explain how deceased came to be knocked down to the right hand of the outside tram line in the direction we were going. (To the jury.) The distance between the motor and the front of the stationary tram when the accident occurred was about six feet.
Mrs.NELLIE GROTRING, Pennington House, Lymington, Hants. I employed defendant as chauffeur. He was the very best driver my husband or I have ever had in 12 years. He was never reckless, very careful, and of excellent judgment.
Cross-examined. He used to drive us about in the New Forest, but the roads round Lymington have very bad turnings, and we always found him very careful going round corners, and especially so to cyclists. I can honestly say he takes peculiar care of cyclists.
Mrs. BERTHA PEARSON, Holly Court, West Hill, Highgate, also gave defendant the highest character as a very careful driver and a man of good judgment.
Verdict, Guilty, with a strong recommendation to mercy.
Sentence: Four months' imprisonment, second division.
BEFORE THE RECORDER. (Thursday, November 7.)
BIDGOOD, Charles (46, dealer), and HUTCHINS, Percival (36, clerk) , conspiring and agreeing together to obtain from Frank Ware (the sum of £3 10s. by means of a certain, forged or altered instrument, well knowing the same to have been forged.
Mr. Forster Boulton prosecuted; Mr. Huntly Jenkins defended Bid-good; Mr. Cotes-Preedy defended Hutchins.
FRANK WARE , bookmaker, 16, Chilworth Street, Paddington. My telegraphic address is "Frolicsome." For the past three months Bid-good has been betting with me under the name of "Bedgown." He always bet by telegram; he could do so up to the set tune of the race. The limit is £2 each away. On September 3 I received this telegram (Exhibit 6) dispatched at 4.35 p.m., and backing, amongst other horses, Warlingham for the maximum amount. That horse won the race, by which I lost £3 10s. Two days afterwards he called for his money, and I gave him a cheque, which my partner signed with a wrong signature. I was waiting to see if the wires were in order; I was then in I communication with the Post Office.
Mr. Fortter Boulton submitted that evidence could be given of other similar Frauds, and referred to R. v. Adameon (6 Cr. App. R., 205), in which it had been decided that in a trial for an offence on a given date evidence of similar transactions on a later date could be given, although they. would form the subject of a criminal charge.
The Recorder overruled the submission.
Cross-examined by Mr. Jenkins: Frequently people backing horses take some other name. I usually settle a day or two after the race. In that telegram Bidgood backed a winner, Golden Rod, for the five o'clock race. I do not know whether it was the favourite. I did not pay on that because he was not entitled to it on the account as it stood. Warlingham started a favourite.
Re-examined. He backed Golden Rod for 5s.
ADA ELLEN BROWN . I act as assistant in the post office business of my brother, Mr. Raven, the sub-postmaster *t a post office, to which a general shop is attached, at Greenford, a small village in Middlesex. I have to dispatch telegrams by means of the telephone to the G.P.O. About 4.25 p.m. on September 3 Bidgood came in, followed by Hutchins. I had seen them several times before. Bidgood said he wanted two telephone calls, but he could not remember the numbers. I gave him the book and he said he could not remember the names Hutchins went out and returned. Bidgood suddenly then remembered the numbers. Hutchins began to write on telegraph forms, and he handed me these two forms, Exhibits 2 and 3. I counted the words on Exhibit 2 and wrote 9 on it. Bidgood asked for 126 Hammersmith and 106 Paddington, while Hutchins was writing. I entered the numbers on this daily telephone sheet (produced), putting the times as 4.32 and 4.40 respectively, according to the clock, which is kept regulated by the Post Office officials. The telephone box is beside the counter, and when we want to get a number for a customer we have to go into a
back room to get it. Before getting Bidgood's number I took the telegrams and put on them 4.35. I then left the prisoners and got 126 Hammersmith. I told Bidgood I had got him through. This must have been about 4.36. When he had finished he put his head out of the box and said he was ready for the Paddington number. I got him that and entered the time as 4.40. He finished in about a minute. Hutchins asked me for the telegram, addressed to "Frolicsome, "back, saying, "I have made a fool of myself again to-day." I returned it to him, and he added the word "Warlingham" at the beginning. I then altered the number of words from 9 to 10. It was 4.41 when I received it back; I did not alter the time. I dispatched the telegrams at once, 4.46 the "Frolicsome" wire and 4.48 the other addressed to "Michael." They remained a few minutes to buy some sweets and then left. If they had not occupied the line I should have sent off the wires at the time I received them, 4.35. Bid-good had asked for the telephone first, and he had the priority. On Sepember 5 Hutchins came in and wanted to know if anybody had come down from the Post Office about those telegrams. I told him I could not discuss official matters with him, and he saw my brother.
To Mr. Jenkins. As far as I saw, Bidgood had nothing to do with the writing of the telegrams or give Hutchins instructions what to write. He did not say, "I cannot think of one of the numbers. "When handing him the book I did not say, "Here is the latest book." He did not say, "Here is a late book also, but I cannot think of the name "; we have only one telephone book. Bidgood was not in a hurry, so I took the telegrams first. As to the first telephone number, I entered the time I actually received the request for it, but as to the second I entered the time when he had the call. I only made a mental note of the time the telegrams were returned to me, 4.41. The clock is put right by 'phone from the O.P.O. every morning; it keeps very good time. I did not notice that Daly's, on Exhibit 2, had got an a postrophe; I see a small mark there now, but I should not have taken any notice of that. I do not remember putting it there. I did not say to Hutchins, "Is there an apostrophe to Daly's, and is it necessary to wire it?" He did not then say, "Have I made a fool of myself?" I did not then scratch out the 10 as being the number of words and put "9." An apostrophe would count as an extra word. I should not have telegraphed it if I had not noticed it because apostrophes are always ignored at the other end. I added a "1" and turned the "10" into a 9, as the telegram now shows.
To Mr. Cotes-Preedy. The word "Warlingham" was written in the first two spaces in the telegram which had previously been left vacant. Hutchins did not invite me to delay sending the telegrams.
JOSEPH RAVEN , sub-postmaster, post office, Green ford. At 4.40 p.m. on September 3 I saw prisoners, whom I knew as customers, at the counter; Bidgood was standing at the telephone cabinet and Hutchins was writing out a telegram. About five minutes later I saw them buying sweets in the shop. On September 5 they came in together. Bidgood asked me if we had heard anything from the Post
Office as regards the telegrams they had sent off on September 3. I pretended we had heard nothing and told him he should write to the G.P.O. He told me that he had asked my sister for the telegrams back on the Monday and Tuesday, which was September 2 and 3. I said, "We might hear something about it, if there was anything wrong."
To Mr. Jenkins. They complained that the bookmaker would not pay up.
WALTER CHARLES JAMES , messenger, Secretary's Office, G.P.O. At 4.15 p.m. on September 3 I saw prisoners standing together a little way from the post office at Greenford, which is a small village consisting of two or three shops and a few houses; it is about two miles from the tram terminus at Ealing. The pott office is about a mile from the station. They stood about till 4.25, and Bidgood then went into the post office, followed shortly afterwards by Hutchins. Hutchins came out almost immediately, and I entered the post office. Bidgood had a telephone book in his hand; that would be about 4.27. Hutchins came in at 4.32 by my watch, which I had compared with the clock at two; they were exactly the same. He began to write on a telegram form, and I went out. They came out together at 4.44 and went towards the trams. As far as I know the telephone at the post office is the only public telephone in Greenford.
HARRY TURNER , clerk, Exchange Telegraph Company, Limited, Cornhill. At 4.38 p.m. on September 3 we received the result of the 4.35 race at Derby; the winner was Warlingham. Simultaneously we circulated it by the tape machine to our subscribers, one of whom was Barber's Exchange.
JESSIE MAY BARBER . I assist my father at his business of Barber's Exchange, 4, Hammersmith Broadway. One of our telephone numbers is 126 Hammersmith. I produce Exhibit 8, a letter-card dated August 23, which was sent to us, enclosing a postal-order for 4s., for four results, signed "Claud Paddington," whom I know to be Bid-good; he had been a subscriber about two months. This memorandum (Exhibit 9) in my writing shows that he came through to us on September 3. There is no mention of the time, but it was the last call that day, as we close as soon as the last race is over, which was five o'clock on that day. I do not remember what he called me up for. He would be debited with the call.
To Mr. Jenkins. Subscribers sometimes ring us up to know the number of horses that are running; this usually means that they want to know the winner in that race.
JOSEPH TRAP , hairdresser, 41, Burne Street, Marylebone. I have known prisoners as customers. Hutchins for about two years and Bidgood not quite so long. I knew Hutchins only as Michael. I have taken in letters and telegrams for him in that name at 1d. a time.
EDWARD JOSEPH STRATFORD , clerk, Secretary's Office, G.P.O. On September 24 I saw Bidgood at the G.P.O. I old him who I was, that I was inquiring about these telegrams, and I cautioned him. He made this statement, which I took down
in writing and which he signed: "For about six or seven weeks up to September 4 I was betting with Mr. Ware, 16, Chilworth Street, in the name of 'Bedgown.' I usually betted with him by telegram. The telegrams handed in at 4.35 p.m. on September 3 at Greenford Post Office were sent by my friend, Mr. Hutchins. They are in his hand. writing. I was present at the Greenford Post Office when he handed them in. I cannot say why I did not write the telegrams out myself. I had a telephone at the time. 4.32 p.m., to Mr. Barber, of Hammersmith. I wished to ascertain whether the horse Warlingham was running in the 4.35 p.m. race. Mr. Barber said Warlingham runs. I deny that he told me that Warlingham had won the race. I cannot say when the word Warlingham was put on the telegram by Mr. Hutchins. I did not see him write it. The other telegram handed in at the same time addressed to 'Michael' has nothing to do with the one addressed to 'Frolicsome.' I decline to say what the object of sending the 'Michael' telegram was or to say who Mr. Michael it. I was not present when the telegram addressed to 'Frolicsome' was handed in on September 2. The other telegrams handed in a various dates in August at Coldhawk Road, Shepherd's Bush, Edgware, Hounslow, Eastcote, West Drayton, and Hanwell High Street, some were sent by Mr. Hutchins and others by myself. Exhibit 28 on August 23 was written by me. I admit I had names of winning horses from Mr. Barber, but I have never had them until some time after the race was over. I have never authorised Hutchins to telephone to Mr. Barber in the name of 'Claud Paddington.'" He told me his address was 172, Harrow Road, and I found that to be correct. Later the same day I saw Hutchins, cautioned him. and took this statement from him: "I have known Mr. Bidgood for the past four or five years. I have recently been engaged in betting transactions with him, and I have been interested in the bets made by him with Mr. Ware. We had, however, no definite arrangements as to the proportion in which the winnings were to be divided. I handed in the telegrams addressed to 'Frolicsome' and 'Michael' at 4.35 p.m. at Greenfdrd on September 3 on behalf of Mr. Bidgood. He was in the office at the time and he asked me to write them out. I know he made a telephone call to Mr. Barber, Hammersmith, at about the same time. I spoke to him after he made that call, but he did not tell me that Warlingham had won the 4.35 p.m. race at Derby. I deny that I asked for the telegram addressed 'Frolicsome' back after it had been accepted and then wrote the word Warlingham in in its text. This word was written on the telegram before it was accepted by the assistant. The suggestion that I wrote the name after I ascertained that is absolutely untrue. The telegram addressed to 'Michael' was sent on my behalf and related to a little side bet referring to horses in the same race."
To Mr. Jenkins. My interview with Bidgood lasted about an hour; I was asking him questions. His statement was quite voluntary. I suppose I was contemplating a prosecution at the time.
Re-examined. A prosecution depended upon whefher he gave a satisfactory account or not.
Detective ALBERT BLAKE, G.P.O. On September 24 I saw prisoners in the Edgware Road, and invited them to come to the G.P.O. On October 15 I saw Hutching in Sutherland Avenue. I told him who I was, and I read the warrant to him. He made no reply. I took him to the station. Later the same day I saw Bidgood in Harrow Road. I told him who I was, and read the warrant to him. He made no reply, and I took him to the station. When subsequently charged Hutching said, "Right, air." Bidgood made no reply.
To Mr. Jenkins. When I taw Bidgood on the 24th I did not tell him what he was wanted at the G.P.O. for, nor did he ask me.
Evidence to character was called on behalf of each prisoner.
(Friday, November 8.)
Sentence (each prisoner): Four months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Thursday, November 7.)
Mr. Ernest Walsh prosecuted.
NORMAN CLAUDE LAKE , house surgeon, Charing Cross Hospital. In the early morning of October 9 I examined Lizzie Wilson at the hospital; she was suffering from a cut on the right side of the face, about 3 1/2 in. in length, the major portion of which was superficial, but which necessitated one stitch. There was a deeper wound on the muscle of the left arm which necessitated three stitches. The injuries might have been caused by knife (produced); the wounds are now healed.
(Friday, November 8.)
Police-constable WILLIAM SMITH, 319 E. About 12.30 a.m. on October 9 I was on duty in the Strand when I heard screams. I ran to the "Griffin" public-house, in Villiers Street, where I saw prisoner with a knife (produced) in her left hand, surrounded by a crowd. She struck Lizzie Wilson, whom she was holding, with the knife, and was in the attitude of striking again when I caught her. When charged at the police station, prisoner said, "Thanks—that is right." Prisoner was very excited but was sober. As we were going to the station she complained to me of her right arm hurting her; at the police station the doctor saw her and said it was a slight sprain.
saw the prisoner, whom I had met twice before. Prisoner said she had something in her pocket which would do all right for me. At closing time, 12.30 a.m., I went out of one door and prisoner out of another. A girl shouted out to me that prisoner had a knife in her hand: I turned round, and I do not know anything more after that; I felt silly. My face was cut, I put up my arm to defend my face, and my arm was cut. In the public-house I asked prisoner to come outside and I would see what she was arguing about; she said she would do my sister in. I replied that she would nave to deal with me first. (To the Court.) Before the Magistrate I said: "I caught hold of her and said, 'What are you carrying on for, I have warned you before not to interfere with me.' "That is true.
Cross-examined. On October 3 I spoke to prisoner in the Strand and said she was not to come between my friend and I, that she was younger than I, and ought to have more sense because he was my friend, and not for one minute would he give me up for her. I even took her into the public-house and had a drink with her, and we were the best of friends. I did not then ten to put a knife into her. When I went to meet a gentleman friend at the Public Tube Station prisoner was there; I did not try to throw her down. It is untrue to say that on October 7 between 10 and 11 o'clock and I and my sister thrashed prisoner unmercifully. I did speak to the prisoner; she took her hatpins out of her hat and tried to strike me; my sister gave her a slap. I never struck prisoner. I know I said something to prisoner at the police station; I do not know what it was, I was mad at the time. I said I would kill her; I did not try to strike her because the police got hold of me and I could not get at her.
DOROTHY O'HARA (prisoner, on oath). The thing all happened through jealousy about a man, a friend of the prosecutrix. One night she caught me putting this man, who was very drunk, into a train at the Piccadilly Tube: she pushed me, it was a fortunate thing I was not underneath the train. On October 3 between 10.30 and 11 p.m. she met me and threatened to stick a knife into both of us if I did not keep away from this man. On October 7 between 10.30 and 11 p.m. prosecutrix and her sister thrashed me unmercifully in Shaftesbury Avenue, and I had to go home in a taxi. On October 8 a girl, who also had a grievance against prosecutrix's sister, said to me, "You come with me, and I am sure to find her." she then took me to the "Griffin." After I had been sitting in the "Griffin" several hours prosecutrix and her witnesses came in. I did not say a word or even look at her. At closing time prosecutrix asked me what I wanted; I told her to go away as I did not want to have anything to do with her. She then struck me. We then went out by different doors; just as I got outside the prosecutrix flew at me. I
must have been excited and I must have struck her with the knife. She twisted my arm round, and I must have struck her again in selfdefence.
Cross-examined. In the "Griffin" I had the knife (produced) in my pocket; I usually carry a penknife about with me. I bought it two days before.
Verdict, Guilty of unlawful wounding, under great provocation. Prisoner was stated to have been in custody for a month. Mrs. Marian Wright, Roman Catholic Prisoners' Aid Society, undertook to report prisoner's conduct to the Court and look after her.
Prisoner was released on her own recognisances in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 7.)
Mr. Whiteley prosecuted; Mr. Purcell defended.
GEORGE THOMAS GARNHAM , 51, Boleyn Road, East Ham. I am messenger and packer at the Royal Mint. I have been there six years. On October 30 I was in the weighing-room' between 10 and 11 a.m. Prisoner was there and Mr. Plume, Mr. Turtle, Mr. Bailey, and Mr. Gently, the official at the scale. Prisoner was cutting the ban. My work was to take the bags after being cut and tip them into the skiff. The skiff was put on the scale by Plume. The skiff is a kind of boatshaped vessel that coins are put in and they are put on to the scale and weighed. Every now and again I saw Mr. James put his hands into the bags and afterwards put his hand into his pocket. He did this about 20 times. When he put his hand into his pocket he seemed to look straight in front of him, and did not seem to realise I was beside him, and then continued to go on with the work again. They were coins of various denominations, shillings, double florins, and half-crowns. I made a communication to Mr. Folkard.
FRANCIS MATTHEWS , Chief Clerk at the Mint. Prisoner is foreman packer with 29 years' service. His salary and emoluments are £2 11s. Up to this time he has been a thoroughly trusted man. Mr. Folkard made a communication to me on October 30 at 1p.m, and I sent for Mr. Garnham. When prisoner came I said to him, "Did you drop any coins?" He said, "I may have done." I said, "Did you take any?" He said "No." I said, "Are you quite certain, because Mr. Garnham is quite sure of his charge?" He did not reply to that. I then said, "Are you prepared to be searched?" He then said, "I must say the charge is true." I said, "Turn out your pockets." He turned out £36 3s. 6d. in half-crowns, double florins, and shillings. He had 6d. and two halfpennies belonging to himself. I said, "What
on earth caused you to do this, James?" He said, "I must have been mad." I then suspended him from duty and sent him home. £36 worth of silver coin weigh over 121 oz. troy.
Cross-examined. About five years ago he was absent through illness. He was away for nine weeks early this year. When he came back I noticed that he seemed to be shaken by the illness. I suggested through someone else that it might be as well for him to consider whether he should not retire. I thought he might feel himself not fit to carry on his duty, but with the instincts of a soldier, he was inclined to hang on, no doubt. The only case of larceny from the Mint that I remember was in 1883 or 1884, when I first went there. In that case the boy was caught red-handed.
Chief Inspector THOMAS DYBALL, Criminal Investigation Department. I arrested prisoner on October 30 at 6 p.m. at Forest Gate. I told him the charge later on at the station, when he made no reply. Shortly afterwards he said, "I was mad."
Cross-examined. His manner and appearance was such when I arrested him that I thought it better to wait before telling him the charge. At the station he assumed a peculiar attitude, putting his hands in his trousers pockets and putting his mouth in funny shape.
Dr. DAVID CAMERON, The Laurels, Forest Gate. I have known prisoner nearly 14 years. About six years ago he had influenza followed by double pneumonia. He was ill for about two months. He has never been physically the same man since. In February this year he again had influenza and pneumonia. He was ill then about nine weeks. He picked up very slowly. I sent him away to Torquay. He did not seem to gain strength. He has complained of pains in his head, that his memory was falling, that he had difficulty in concentrating his attention on his work, and that his work worried him much more than it used to do. I have noticed that he was not able to sustain a conversation as he used to do; he seemed to get lost and forget what we were talking about, and then suddenly wake up to what had been said and resume the thread of his conversation. The question of his retirement was discussed. His wife was anxious that he should retire, but he did not want to. I did not think that he would stand up to his work during this next winter. I do not think a man who has not led a steady life could have got through those two illnesses he pulled through.
Verdict, Not guilty.
JOHNSON, Thos. (36, labourer), breaking and entering a place of divine worship, to wit, King's Weigh House Church, and stealing therein two offertory salvers and eight books, the goods of James Slimon and others, the trustees.
Mr. Salkeild Green prosecuted.
the church, and noticed the lectern uncovered and the communion table disarranged. As I turned I noticed my cushion one on top of the other. Prisoner was lying on them asleep. I said to him, "What are you going to make of this, a rough house, or are you going quietly?" He said, "What do you mean?" I said, "What I say." He then said, "I will clear out," or "Let me go." I unlocked the door and he followed me out. When we got to Oxford Street he said, "What are you following me for, you dirty dog?" I said, "What do you think?" He made a running blow at me and said, "You dirty dog, go back." A constable was coming out of his house. I said, "Arrest that man. I found him coming out of my church." The constable said we must go back to the church. As soon as I got in the door I said, "What is this?" One of my communion collecting salvers was on the floor. It ought to have been with another in a green baize bag on a reading desk. It had blood on it. I found blood all over the place. At the police station the constable said to prisoner, "Your thumb is cut." Then it was tied up with a bandage or rag. Offertory boxes had been broken open. I should not like to say that any money was missing. A parcel of missionary books had been broken open.
Cross-examined by prisoner. Nobody saw the things I have been speaking about except me. I did not become conscious of the presence of anyone in the church until I came to the lectern and saw you lying there. I had never seen you before that I know of. I did not accuse you to a passing policeman. I walked near to you in case you started to run away, so as I could have stopped you.
Police-constable ALBERT DARK, 59 C. I was called by last witness to arrest prisoner. When I got into the church the place was in great disorder. I drew prisoner's attention to his left thumb, which was bleeding. He made no reply. At the station I found on him a small piece of steel which could be used for forcing these contribution boxes open or assist horn to cot the glass panel from the door. I noticed blood, marks close to the lectern and various other places about the church. When charged he made no reply.
To prisoner. I found only this piece of steel on you. I do not say you could force that thing with it: I said it would assist. It is from a pair of corsets.
Prisoner made a rambling statement from the dock.
Prisoner confessed to a previous conviction. Numerous other con-victions were proved.
Sentence: Sixteen months' hard labour.
BEFORE Mr. JUSTICE PHILLIMORE.
(Friday, November 8.)
WOODLAND, Ernest Frederick (44, painter), who pleaded guilty at the September Session (see preceding volume, page 505) of wounding his wife with intent to do her grievous bodily harm, was brought up for judgment.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
It was stated that prisoner had declined to give any information likely to assist in recovering the stolen property.
Sentence: Fourteen months' hard labour, to date from September 10.
TITUS, Stephen (27, tailor), was indicted for and charged on coroner's inquisition with the wilful murder of Esther May Towers; indicted for and charged on coroner's inquisition with the wilful murder of Thomas Morris Johns; indicted for feloniously wounding Grace Rachael Ray, Charles Hook, and John Starchfield, in each case with intent to murder.
Mr. Bodkin and Mr. Percival Clarke prosecuted.
Prisoner, called upon to plead, stood mute. A jury was sworn to try whether prisoner stood mute of malice.
SIDNEY REGINALD DYER , principal medical officer, Brixton Prison. Prisoner has been under my observation since September 28. I have had various conversations with him, and he has answered the questions I have put to him and understood the English language. He had no difficulty whatever in hearing and answered as a person would who heard and understood. I had a conversation with him last night. Now and again he has been in a morose condition. I saw him before he came to the court this morning and he was in that condition then. He is in the same condition now, but he quite understands, and I think be is fit to plead and follow the course of the trial and give the necessary instructions for his defence.
The jury found that prisoner stood mute of malice.
Mr. Justice Phillimore directed a plea of Not Guilty to be entered upon each indictment, and requested Mr. Waldo Briggs to represent prisoner.
(Monday, November 11.)
Police-constable ERNEST STONE, 276 D, proved plans for use in the case.
Police-constable GEORGE HENRY TOWERS, 37 FR. On. October 1, I saw the body of my sister, Esther May Towers, at St. Giles' mortuary. She was employed at the "Horsehoe Hotel" as assistant manageress.
ARTHUR PIEJIUS . I am secretary to Baker Brothers, the lessees of of the "Horseshoe Hotel." Esther May Towers was assistant manageress there since May of this year. On Friday, November 27, her duties would take her to the bar in the morning. I saw her body being taken upstairs about a quarter past 11. I know prisoner by sight. He has been staying at the hotel since August 4, in room No. 13. I did not see much of him.
GRACE RACHEL WRAY , barmaid at "Horseshoe Hotel." I knew prisoner by sight. He used to come into the bar at 11 o'clock in the morning and had some refreshment; he was very silent. Miss Towers was in the bar with me on the morning of September 27. Prisoner came into the bar about 11 o'clock that morning; he had not been there for quite six weeks. Miss Towers attended to him. She said, "Why have you neglected us lately?" He made no reply. She asked him if he had been away, and he said, "No." He drank his beer and left the bar. About five minutes' later he came in again and asked for some cigarettes. I served him. I went to the other side of the counter and Miss Towers was doing her work for the morning. My attention was not on prisoner. I next heard a report, and I thought it was outside; it sounded like a type bursting. I then heard two more sharp reports. When I heard the last report I was looking at Miss Towers. I did not see prisoner fire anything, although it was pointed at me at the time. He had a revolver in his hand. He turned sharply round on the gentleman behind him, and then he rushed out; I only heard three reports. I saw Miss Towers kneeling down. I went to assist her and she fell down, and I fell down too. I found out afterwards that I had been shot in the shoulder; I fainted.
Cross-eximined. Neither Miss Towers or myself knew anything of the prisoner except by serving him in the bar. He kept himself to himself; neither of as had given him any cause of offence. He seemed to be the same as usual.
JOHN CHABLES PICKING , manutfacturers-agent. On September 27 I was in the coffee-bar at the "Horseshoe Hotel" with Mr. Johns. There were two barmaids behind the bar and two waiters in the bar. I saw prisoner there. Mr. Johns and I were sitting at a table at the end of the bar. While sitting there I heard the report of a pistol; I heard five or six in quick succession; they came from the direction in which the prisoner was standing. I saw blood on Mr. Johns's face. I ducked down by the side of the table. Prisoner ran out of the bar. Mr. Johns was taken to the hospital, and has since died.
Cross-examined. I have never seen prisoner before, and to my knowledge Mr. Johns had not. I was sitting at a table away from the door with my back to prisoner. Neither of as made any attempt to go towards prisoner when he fired.
CHARLES CAMERON COLLINS , waiter at "Horseshoe Hotel." I had seen prisoner before September 27, and known him at a resident of the hotel. On the morning of September 27 I was cleaning the window. I saw Miss Towers and Miss Wray behind the bar, and Mr. Pickering and Mr. Johns sitting at the table. I was on the ladder when I heard two reports. I turned round and saw prisoner fire at Mr. Pickering and Mr. Johns; I heard four shots in the bar. Prisoner then ran out of the bar. I heard more firing outside. I went out and came back again, and I saw Miss Towers and Miss Wray Iying down.
me as if an electric globe had fallen down. I was standing at the entrance to the bar. I turned round and I saw prisoner fire at Miss Wray; he then turned round and fired at Mr. Pickering and Mr. Johns. He fired once towards where I was standing and ran up the bar; I ran out of the bar. I heard some more firing in the street.
Cross-examined. Before prisoner fired in my direction I had made no movement towards him. I did not observe his demeanour at all.
GEORGE ALFRED HOLDING , furniture porter. On September 27, about 11 a.m., I was passing along Tottenham Court Road, going towards Oxford Street. I saw prisoner with a revolver in his hand at the corner of Great Russell Street. I saw him fire at a bystander; he did not seem to hit him. I saw somebody run past him close to the shops, and prisoner fired at him. Everybody who was trying to get by him or trying to advance towards him he held at bay by his revolver. I saw him reload the revolver; then he went into the middle of the road. I saw somebody run at him, and he fired two successive shots. Prisoner was driven towards me; he suddenly discovered that I was there, when he got on to the pavement and deliberately fired at me twice. He did not hit me. He fired again, and the revolver missed fire. I rushed at him and caught him by the throat; he struck me on the head as I was coming for him. Another man came to my assistance. We both fell into the road, and I held prisoner till the police arrived.
Cross-examined. The gentleman he first fired at in Tottenham Court Road made no attempt to go towards prisoner. The second person he fired at was trying to escape; he was not trying to catch prisoner.
EDWARD CHARLES BRDDING , chemist's assistant. On September 27 I was in employment at the chemist's shop, No. 3, Great Russell-street. About 11 o'clock that morning I heard a report as if a shot had been fired: I went out of my shop and saw prisoner in the road: he had a revolver in his hand which he was re-loading. I went towards him; I had got to the middle of the road and he fired at me. I fell on my hands and knees. I saw the last witness by the railings of the Y.M.C.A. Prisoner was moving towards Charlotte Street. The last witness was going towards him and we both reached prisoner at about the same time. I seized prisoner by the legs and we all three fell to the ground. Then the police arrived and I went back to my shop.
Police-constable BERTIE ABBS, 56 D. A little after 11 o'clock on the morning of September 27 I heard pistol shots coming from the direction of Great Russell Street. I went to Great Russell Street and saw prisoner standing on the footway shooting at random with a revolver in his right hand. I saw Starchfield approach prisoner and attempt to knock the revolver out of his hand; prisoner chased Starchfield and fired at him. I heard the revolver click; it had missed fire; Starchfield still went for prisoner; prisoner took aim and shot Starchfield in the abdomen; I saw him fall on the pavement. I saw Holding make a rush at prisoner from the front and tried to arrest him; I closed with him from behind. I seized his wrist and took the revolver from him. There were no cartridges in it then.
Cross-examined. I did not observe prisoner's demeanour; he did not say anything.
Police-constable JOHN SAUNDERS, 22 DR. On September 27 I went into Great Russell Street and saw prisoner being held by last witness and some civilians. I took him to Tottenham Court Road Station. I searched him and I found on him £21 1s. 9d. in money, a live cartridge, which fits the revolver, and he was wearing a pistol holster round his waist. He walked to the police-station without assistance.
Inspector WALTER TURRELL. I was in charge of Tottenham Court Road Police Station when prisoner was brought in by the last witness. Latter in the day I charged prisoner with the murder of Esther May Towers. He said he was a tailor and a Turkish subject. The charge was read over to him; he made no reply. Last witness handed me the revolver (Exhibit 5). Prisoner was in a semi-conscious condition and a doctor was called to see him.
Cross-examined. I should think his condition was due to the injuries he had received during the struggle.
Re-examined. He made no complaint about any injuries; there were none visible.
THOMAS ROSE , divisional surgeon, D Division. On the morning of September 27 I was sent for to the "Horseahoe Hotel" about quarter to 12. I went up into a bedroom on the first floor and saw the body of Miss Towers; she had been dead some minutes; the body was beginning to stiffen. I examined her and found a bullet wound just under the collar bone. Later I examined the clothing and found a hole in the blouse corresponding to the wound in the chest; there was no appearance of scorching. I afterwards made a post-mortem examination. The bullet first entered the chest wall three-and-a-half inches from the middle line and it passed downwards and then entered the chest wall two inches from the middle line below the second rib; it passed through the upper lobe of the right lung and entered the sac covering the heart; it pierced a large vein near its entrance to the heart, passed through the pulmonary vein and through the lower lobe of the left lung. The bullet was found just under the skin. The bullet produced is the one I took out and it fits the revolver produced. The cause of death was hemorrage and collapse following immediately upon the injuries caused by the bullet wound.
Cross-examined. I examined prisoner at the station; he was suffering from contusion caused by being thrown down. I could not get any response from him and did not until later in the day, at 5.30, when he gave me his name and address and his nationality.
Inspector JOHN MCPHIBSON, D Division. I saw prisoner at quarter to 12 on September 27; be was in a semi-conscious condition. I could not get any answers from him. Later I went to the "Horseshoe Hotel" and saw the (body of Esther May Towers. I went into the bar; I saw bloodstains in different parts of the room. I found one spent bullet behind the bar and one underneath a table. They fit the revolver. I then went upstairs to prisoner's room. There I found two leather bags; in one I found a small eight-chambered revolver, fully
loaded, and nine other cartridges which would fit it. I found a cloth bandolier filled with cartridges which would fit the big revolver. Exhibit 5. I went to the hospital and saw some people who bad been taken there and who Were suffering from wounds. At seven o'clock I went to the station, and in consequence of what the doctor told me I told prisoner he would be charged with the murder of Miss Towers and with shooting at these other people. Prisoner said, "I don't remember."
Cross-examined. prisoner was brought to the station by Police-constables Abbs and Saunders and some other officers; I believe he was able to walk. It was not till seven o'clock in the evening that I was able to get any answer from prisoner. He seemed to understand the English language. So far as I have been able to find out he is a man of good character. Nothing is known against him.
SIDNEY REGINALD DYER , senior medical officer, Brixton Prison. Prisoner has been under my observation since September 28. I have had several prolonged interviews with him. He was rather incoherent, but he gave me a fairly lucid account of himself and his life. He told me he was born in Turkey and that at the age of 17 he went to America to join his family, who had preceded him; that for the last four years he had been bothered by everyone, first his parents and then by others; that this persecution gradually became more extended to people he did not know and which he vaguely referred to as "they "; he said they tried to poison him; he had moved from place to place, seeking solitude and to escape his tormentors; that they still pursued him; he intended to return to his native country via London and Paris; he tried to get a ticket to Turkey from Cook's; they could not book him through on account of the railway strike; he got the delusion into his head that Cook's people had also joined the conspiracy against him, so he returned to London and stayed at the "Horseshoe Hotel." He said they all tormented him, even the bar maids, by poisoning the food, cigars, etc., to make his brain give way. He said he had nothing to do with anyone. When I saw him on his arrival at Brixton he was very violent and made rambling statements about being followed about. The next day, after a prolonged sleep, he quieted down and has since behaved well. He is entirely indifferent to his surroundings, speaks to no one, and has no signs of remorse. He has no recollection whatever of the events happening at the time of the crime. These symptoms are typical of delusional insanity. I think when he shot the barmaid he might have known he was shooting, but I do not think he was capable of forming any sound judgment; he certainly did not know the quality of his act. He probably thought it was right.
Cross-examined. I Shave had many interviews with him. His condition has altered whilst he has been in prison; he has been much quieter; the last few days he has been very sullen and morose and has
refused to answer questions at all. In my opinion he was insane at the time of committing the act. I do not think he was shamming.
Verdict, Guilty, but insane at time of commission of offence.
Prisoner was ordered to be detained during His Majesty's pleasure.
BFORE THE COMMON SERJEANT.
(Friday, November 8.)
Mr. Forrest Fulton prosecuted.
JOHN SMITH . I am 15 year old. In August, 1911, I entered the employment of Messrs. A. W. Gamage, Limited, as errand boy. I used to steal by cycle inner tubes and give them to another boy named Bill Wright. About four months ago I stole a pair of inner tubes, value 16s. 2d., and Bill Wright took me to 79, Grange Road, Bermondsey, which is prisoner's bicycle shop. Bill Wright went in first; he then called me in, and introduced me to prisoner. Prisoner asked me what I had got; I said I had some inner tubes which I wanted to sell. Bill Wright said I wanted 3s. for them; prisoner said, "Bring as many as you like here, and I will buy them off you." He gave me 3s. for two tubes. I visited his shop on other occasions bringing him property which I had stolen, from Gamage's. He paid me 6d. each for football bladders, cycle chains, cyclometers. Those goods had Gamage's name on them. I brought him goods produced. Prisoner has often told me that Gamage's name was hard to get off, that he had to use petrol and other oils. I wrapped cycle inner tubes round my legs under my trousers and took them off in prisoner's presence in his shop. On October 11 as I was leaving Gamage's with some stolen cycle chains in my pocket I was arrested and charged at the police-station. I made a statement; next morning I 'pleaded guilty before the magistrate and was dealt with by him.
Cross-examined by prisoner. I started stealing from Gamage's last February. Bill Wright told me he was 18 years of age. I gave Bill Wright about £3 worth of goods. I never told you that I kept a stall in the Lane and had goods on hand which I wanted to turn into money. I received from you for the stolen good 8s. or 9s. a week for the first two months, and 10s. to 15t. during the last two months; I have received in all about £5.
Police-sergeant WILLIAM BOOTHT, E Division. On October 12 I went to 79, Grange Road, with William Vials, where I saw prisoner. I said, "I am a police-officer, and I hold a search warrant to search your premises, having good reason to believe that you have stolen property in your possession." I read the warrant; to him. He said, "All right." I said, "I do not wish to turn your place upside down; the property in
question consists of cycle tubes, chains, and cyclometers you have bought from a lad who is now in custody." He said, "I know pretty well what I have bought from him; I know the lad you mean. I did not think the stuff was pinched; I gave him a fair price, and thought it was straight enough. You can have nearly all of it, as I have not told very much." I said, "You can consider yourself in custody." He said, "This is a nice thing for me. Do you think I should have had the stuff about the shop like this if I knew it was crook? But I suppose I shall have to put up with it." He produced all the cycle tubes, and part of the other property (produced), and said, "I think that is all I can remember anything about; I cannot remember anything else," Mr. Vials afterwards found other property.
To prisoner. I described Smith to you as a lad about 16, of very dark complexion, with a long, drawn face and rather sad expression.
WILLIAM VIALS , inquiry agent to A. W. Camage, Limited, corroborated. I took out of prisoner's shop window three inflated football bladders with the word "Egnarg," prisoner's trade name, printed at a place where apparently Gamage's name had been erased with petrol. On some football bladders (produced) which I found under the counter, the name is partly erased. The total value of the goods belonging to Carnage's found on prisoner's premises is £15 7s. 6d. I showed them to prisoner and said, "These are our property." He said, "Yes, I think they are. "Some had damage's label partly torn off.
To prisoner. There was no attempt at concealment; the goods were lying about the shop. I value the goods at the selling price.
FREDERICK GOODYEAR (prisoner, on oath). I started business as a cycle dealer at 79, Grange Road, in January of this year. I have never been in that business before; and am not proficient in it. On August 20 Smith and a man called at my shop; the man said that they were running a stall in the Lane, and said, "We are going to give up the came. Can you do with some cheap stuff?" I asked him what he had got, and he mentioned various articles, which he would sell for £12. I said I was not in a position to pay anything like £12, as I was only in a small way, but I would take two or three smaller lots. Smith aid, "I live close handy so that you know the stuff is all right." On three occasions after that Smith came by himself and brought me goods, for which I paid £2, £2 and £15s. I gave him 3s. each for tubes, 1s. for free-wheels, 3s. for chubs, 2S. 6d. far cyclometers. 1s. for cycle-locks and chains, and 9d. for football bladders. Those prices are a little less than the prices in wholesale price list (produced) of Hobday, which I looked at. Buying them in this way I thought I could pay less then if I went to a firm. Gamage's name was obliterated before they were brought to me. I did not notice the name till it was pointed out by the police.
Cross-examined. I did not ask for a receipt because these were bought for cash as job lots. I considered I was doing business with the man, not with Smith. I do not keep any book. I suppose I stamped "Egnarg" on the goods; my daughter may have done so.
(Monday, November 11.)
Prisoner was stated to be of good character.
Sentence: Four months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Friday November 8.)
Mr. N. Anderson prosecuted; Mr. Purcell defended.
LILY STRINGER , 55, Radnor Street, Hoxton. Prisoner is my young man. On the evening of October 22 I was drunk. I had been out all day with men and girls. About 6 p.m. I saw prisoner in Hoxton Street. We had a drink in Rose's public-house. After I had my drink I got into a temper and started aiming glasses at him; I do not know what for; I had no cause; I aimed two and missed him. Prisoner walked to my house; I followed afterwards. He told me to be quiet and not kick up no more row. I went to the gas-stove and took up a kettle with cold water in it. I went for him where be was sitting on the chair, and hit him on the top of the head with it. I then went out of the house because I was frightened he might get his own back on me. He went to the doctor's to have his head seen to. When I came back to the house he was sitting there with his head done up. My landlady told me not to go in because she was frightened there would be some more row. I stayed at the door till he came out. He told me he was done with me and walked up the street. I followed him. At the baker's shop in Kingeland Road I called him. He went to come towards me. I thought he was going to punch me, so I ran into the baker's shop. I saw a knife with the blade towards me, so I thought he would get hold of the knife to have his own back. I claimed hold of the blade first. He caught hold of the handle and took it away from me. In the struggle we both fell to the floor. I don't know no more. I got my fingers out. I did not know my neck was cut till T got to the hospital.
Corss-examined. I threw one glass at him, broke another and tried to stab him with the broken glass. Alter he came from the doctor's I was not much more sober, and was still rather angry. At
the baker's he got hold of the knife to prevent me doing any mischief with it. It was my own fault I got cut, by getting hold of the blade of the knife. He intended no harm to me at all. (To the Court.) I said before the magistrate that I did not take hold of the knife first, but in the state I was in I did not know what I said. Now I am in my senses.
FREDERICK PULLEN . About 9 p.m., on October 22, I was passing along Kingsland Road. I saw a crowd round the baker's shop. I saw prisoner and a girl struggling with a large knife. The prisons was on top of the girl with the knife in his hand. I think she had hold of the knife. I seized prisoner by the wrist. He appeared to be cutting the girl's fingers, so far as I can imagine. It was so exciting I did not take notice what particular part he was cutting. I saw she was covered in blood. In the struggle my hand was cut. I had two stitches put in it.
Cross-examined. Prisoner had hold of the handle and the girl the blade. They were struggling together. She was doing the best she could to defend herself.
JOHN AM PACK , baker, 77, Kingsland Road. I was in the shop-parlour at the time. When I returned to the shop prisoner and the girl were struggling together on the floor. He was on the woman with my knife. I only glanced at them and returned to my room. I then went to the side-door to call the police, but the neighbours were already there. After I came back we asked the girl in the parlour. She had a wound at the back of the neck and her fingers were all cut.
Police-conetable ALFRED BROWN, 441 G. I saw a large crowd outside the baker's shop, and heard people say, "There is murder." I ran to the shop and saw Lily Stringer bleeding from the neck, and both her hands were severely cut. I took her to the hospital, where she was attended to by Dr. Douglas. she was sober.
Cross-examined. She had no trace of drink.
DR. H. A. DOUGLAS, house surgeon, Metropolitan Hospital, described the wounds.
Sergeant PULLEY. I arrested prisoner on October 23, about 1 a.m., at 10, Blossom Street, Spitalfields. He was in bed asleep. I told him the charge. He said nothing then. When charged at the station he said, "All right."
JOHN PATERSON (prisoner, on oath). Lily Stringer's account of what took place down to the time that she came to the baker's shop is correct. There she beckoned me. I was waiting for" a tram to go home. She was then near the doorway. She went into the shop. I went in after her. I said, "Look, I am going home now." I showed her my head bandaged up. She said, "Yes, I will do it over again," and with that she rushed on the knife. She got hold
of the blade. I rushed on it as well and managed to get hold of the handle part, and we struggled. I tried to prevent her doing any more harm to me. We both fell down and struggled on the floor. I tried to get the knife away. After Mr. Pullen pulled me off she let go the blade. The knife was pulled right away from her. I did not intentionally out her. I wanted to prevent her doing it to me.
Cross-examined. She had been in company with a fellow and a girl all the afternoon drinking. She has always been trying to cause bodily harm to me. She has before. I was angry to a certain extent with her for hitting me with the kettle, but I wanted to case her mind. I knew she would be sorry afterwards for what she had done. She did not run away from me in Kingsland Road. I did not think of getting away from the shop without struggling with her. She rushed for the knife and I tried to prevent her doing any harm to me. I could not tell you whether the got the cut in the neck before or after we fell down.
Verdict, Not guilty.
Mr. D. W. Carr prosecuted.
ALICE CHAMBERLAIN , 11, Thornhill Square, Camberwell. On Saturday, September 28, about 7 p.m., my husband (prisoner) came home. I was in the passage. I asked him for money. He refuted to give me any. He was going out, and I asked him again and he hit me about the head and body, knocking me down. While I Was on the ground he kicked he about my leg. I got up as best I could. I tried to run out. He ran after me and locked me again Underneath my body. I fell against the railings. A young man earned me in. I remember no more. I was taken to the infirmary, where I am now.
Dr. KEATING, medical superintendent, Camberwell Infirmary, described the nature of the injuries.
Detective MASON. On September 29 I saw prisoner in Thornhill square. I told him I was a detective officer and should take him to the station to be charged with causing grievous bodily harm to his wife. He said, "How is the misses; is she dead? We had a bit of a rough and tumble. I kicked her. I do not often kick. I have a very good character and if she get over it it might do her good."
Detective-inspector ALFBED PARNOTT, P Division. I saw prisoner in custody of last witness and accompanied them to Camberwell Police Station. I there asked prisoner if he distinctly understood what charge he was there for. He said, "yes, I do understand; it was not exactly a kick; it was a general struggle. It is a wonder she has not done it before, the way she carries on in drink" In reply to the formal charge he said, "The woman is three-parts out of her mind. I do not know about kicking her. "I drew attention to the bloodstains on his hands; he said, "Yes, that was helping her."
FREDERICK CHAMBERLAIN (prisoner, on oath). I went out in the morning. I stated to the woman what time I should be home, about two o'clock. I came home at half past two. One of the children met me and said, "Mother is not in" I said, "Is there any dinner ready?" The boy said no. I went and looked round the neighbourhood for about 1 1/2 hours to see if I could see anything of her. I came back and one of the other children said she had not come home. I sat down on the bed and read and slept till about 6.30. When I woke up there was the woman lying on the bed aside of me. I got up and went to the back room to see if any meal was prepared. There was nothing got ready. I went back to the front room and woke the woman. I had a hard job to wake her, because the woman had been drinking. she said she would show me what she would do with me. She kicked me several times on the shin. On Sunday morning I showed two persons the bruises. A little while ago I was laid up for six weeks, unable to move my limbs. I ought to have been at home two months. Instead of that I crawled out to work for the sake of the children. On this Saturday evening the woman kicked at me several times, got the woman out into the street. I asked at least three times if she intended to stop it. She said no, she intended to blind me before the night was out. On another occasion she said she intended to lame me for life. Officers have been making inquiries as regards my character. I have had neighbours writing me while I have been on remand. I have the letters in my pocket. They are more than sorry to see me in the predicament I am in. (Dr. Keating examined prisoner's leg and stated that he had a wound, but that it had become the six it was through varicose veins. It might have been started by a kick.)
Cross-examined. The woman is my wife. When she got hurt we were running at one another. I told her, "If you get kicked it is your own fault."
Sentence: Six months' hard labour.
MORGAN, Frederick (24, clerk) , having been entrusted by Ellen Hill with a bank note for £5 for a certain purpose, unlawfully and fraudulently converted the sum of £4, part of the proceeds thereof, to his own use and benefit.
Mr. Briggs prosecuted; Mr. Shearman defended.
ELLEN HILL , 8, Florence Place. Prisoner came to lodge with me in May last. He had borrowed money from me and always repaid it according to his promise. On October 22 he asked me to lend him £1 I told him I had only £5, which was my rent, and I could not give it him. He said he would bring me the £4 change and return the £1 at night. He said he would not be long gone. I remained up all night. He never returned. I have not had my money back.
Cross-examined. I went round to his place of business on the following morning. I asked the manager if prisoner was at business. He said no, he had not been that week. I told the manager he had stolen my money. The manager told me that prisoner had sent a telegram to say he had been taken ill.
Detective-sergeant WOODWARD, B. I arrested prisoner at 10 a.m. on October 29. I told him the charge. He said, "Is Mrs. Hill going to charge met?" I said yes. He said, "I am very sorry. I strained myself about a week ago. I changed the note at Ebury Bridge. I spent the money. If Mrs. Hill will give me time I will pay her back." When formally charged he made no reply.
FREDERICK MORGAN (prisoner, on oath). From May to October I have been working at Jeyes Sanitary Compounds, Limited, 64, Cannon Street. My salary is 31s. a week. A week before I left Mrs. Hill I had sprained myself and I complained to Mrs. Hill about it. I have been suffering from the effects of it ever since. On the Monday I was unable to go to business and wired the secretary to say so. On the Tuesday I asked Mrs. Hill for the usual £1 I had been in the habit of borrowing. When I asked for it she tendered me a note and told me to bring the change when I came home. She said nothing definite as to when it was to be returned. I thought she understood from what I said that she would get it when I reached home that evening. On the previous Saturday I wired her £2 from Cannon Street Post Office.
Cross-examined. I strained myself a week or 10 days before. I do not know how it happened. I have a lump here which drops when I have been standing for any length of time. I did not go to business on the Monday or the Tuesday. I sent for my salary on the Friday after I borrowed the money. I did not get it. The reason I did not go home to Mrs. Hill's was that I was more comfortable where I was with my friend. I paid my friend for what I had to eat out of the £5. I had only a few pence on me when I was arrested. I lent a friend £1 of the money, which I had been in the habit of doing, and I lent some more of the money. I do not remember promising to come back at once with the £4 and to return the £1 the same night. I should not like to say that is not true. I was always in a position to raise money to repay Mrs. Hill. (To the Court.) I left my belongings in Mrs. Hill's possession, including a valuable white Pomeranian dog.
Verdict, Not guilty.
Mr. D. W. Carr prosecuted; Mr. Landers defended.
house. I awoke about 4.30, my wife having heard a noise in the room. I got out of bed and went downstairs. In the hall one of the assistants told me there was a man there. I saw prisoner at the bottom of the stairs. He had something in his hand which he was pointing at me as if it were a revolver. Prisoner came to the top of the stair and I went for him. He hit me on the head with this jemmy. I lost a lot of blood. I missed about 6s. out of my trousers pocket and a gunmetal watch off my chair in the bedroom. This is the watch. About 3s. was missing from the till in the shop.
Cross-examined. I could distinguish the face of the man who assaulted me. I was assaulted close to the gaslight. His pointing the jemmy at me did not obscure the view of his face. I heard a noise first of all in my bedroom. I did not see anybody there.
ALBERT DIXON . I remember the morning of October 11. I heard a noise under my bed, which is in the shop against the counter. I then heard prisoner force the till open under the bed. I kept still. I did not see anybody. Prisoner came out from under the bed and went to the door leading to the passage, struck a match and went upstairs to the manager's room. I heard prisoner come down. He went into the basement. I got a good view of him.
Cross-examined. I did not see the man before he came downstairs. There was a small light in the passage about 2 ft. from the foot of the stairs. I could see rather clearly. I am sure prisoner was the man. Police-constable JOSEPH FREE. About 5 a.m. on October 11 I was on duty in Gray's Inn Road. I heard a police whistle blowing. I ran in the direction of the shop. I found a man there blowing a whistle. I ran into the shop and saw Mr. Salmon, who was wounded and covered with blood. We searched and found prisoner in a small lobby in the shop. When I searched him I found three pawn tickets, a metal chain, this gunmetal watch, a matchbox, 6s. in silver, and 1s. 8 1/2 d. in copper.
Cross-examined. I saw no other suspicious character on the premises. There were no marks as if anyone else had been there. The jemmy was lying on the floor. It was picked up by last witness. I believe he saw prisoner drop it.
Inspector HAWKE. On my arrival at 214, Gray's Inn Road I found the area, door had been forced open by some blunt instrument. The drawers in the shop and the till had been forced open apparently by the same instrument. There was blood about. The cellar flap had not been forced. I came to the conclusion that it had never been bolted and that someone had passed through it to get to the area door. There was no possibility on getting to that door except by the cellar flap.
ANGELO SPAONOLO (prisoner, on oath). I have been in England about two years. I know no English and practically no English people. On October 10 I met an Italian acquaintance near 214, Gray's Inn Road. I do not know his surname. I saw him once before, when I arrived in
this country. He acted as interpreter for me. That it all I know of him. He asked me to go to his house. I went with him. When we got in front of his house he opened this kind of glass flap and he went down. He told me not to he afraid. I had some suspicions, but he told me "I have lost my key so I must go through these flaps." He just lifted it. He pulled me through. He went upstairs, I thought, to light the gas or lamp. I remained in the cellar. I did not go upstairs at all. I did not have that jemmy or assault anyone. He gave me some object to put in my pocket, took my cap away, and I never saw aim again. There was no blood on my hands. They were dirty because I had been working. I did not see Mr. Salmon or anybody till the police arrested me.
Cross-examined. Although I was suspicious I did not alarm the people in the house. I thought it was his house. I was not tall enough to get out by the way I came in. My friend gave me the watch when he came down into the cellar. He went up by the stairs. The door between the cellar and the stairs was open.
Sentence: Eighteen months' hard labour; recommended for expulsion under the Aliens' Act.
BEFORE JUDGE RENTOUL. (Friday, November 8.).
(Post Office), was brought up for judgment.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Monday November 11.)
HALEY, Morris(labourer), DIXON, William (16, labourer), COLES, Jno. (20, housekeeper), TAYLOR, P. Frank (28, labourer), WARREN, George (21, carman), SIMSON, William (28, labourer), and LUXON, George William (27, labourer) , all unlawfully committing riot; Dixon assaulting Arthur Harris ; Taylor assaulting Arthur Boxall ; Simson assaulting John Bullen ; Luxon assaulting Michael Maugham ; Harris, Boxall, Bullen, Maugham, and Woolveridge being peace officers in the execution of their duty.
Mr. Bodkin, Mr. Travers Humphreys, and Mr. Rooms prosecuted; Mr. Frampton and Mr. Montague Shearman, junior, defended Haley;
Mr.C. A. H. Black defended Coles; Mr. A. Clement Edwards, M.P., and Mr. Montague Shearman, junior, defended Simson and Luxon.
This trial was commenced at the October Session (see preceding volume, page 616); on the third day a juror was absent through illness and the case stood over. This juror being still unable to attend prisoners were now given in charge of a fresh jury. The evidence at the former trial was repeated, and the following further evidence was given :,
THOMAS JONES , managing director Yorke, Stoniman, and Jones, Limited, motor haulage contractors, 88, Bow Road. On July 24 I was going up Nightingale Lane on one of our motor lorries loaded will corkwood coming from High Street, Wapping; the driver and a mate were with me. As we passed Burr Street we found two lines of traffic, one each side of the road. As the police were clearing the traffic going down to Wapping we met a (procession coming down Nightingale Lane The Attitude of the men was so threatening that the driver ran away; the men threatened us in all sorts of ways. A man began cutting the ropes which were keeping our load on and I told him to leave off. He said he would do the same to me if I did not shut up. We were stationary at the time so none of the load fell off. Carter, the mate, had his head out; I do not know what with.
To Mr. Shearman. The police cleared the street. We were hanging about there an hour and a half before we actually got away. A good many people had passed us before the men came and cut the ropes; I do not recognise any of the prisoners as having done it. I Have heard men in Nightingale Lane use language of the same description before in times of peace.
Re-examined. I have never been threatened before in that way.
Sub-inspector THOMAS JAMES WOOLVERIDGE, Port of London Police. On July 24 I was outside the London Dock when I saw a procession coming down Nightingale Lane. I went through No. 7 gate into the dock and from thence to No. 8 gate, which I found shored up. A lot of shouting was going on from outside and a rope with a loop attached was thrown over the top, but it did not catch. Luxon climbed to the top and tried to knock the supports away with the hook on the rope. We tried to catch the hook and he jerked it up. He said, "I do not care for any of you. Give us our three men." He then dropped to our side of the dock and P.O. Maugham went to arrest him. Luxon hit him with his fist on the left side of the face. I caught hold of him and he became very violent. We both fell to the ground. Police-constable Damer came up and we carried him about 100 yards, when he said he was beaten and he would walk. He walked about 100 yards further, when on a flight of steps he threw himself backwards, falling on me and dragging the two constables on to me. He kicked me on the left shin; just grazing it. Had I not caught hold of the rail we should have fallen on to the flagstones 20 ft. below. We eventually got him to the station. I also saw Simson climb to the top of the gate; he kept shouting, "Give us our three men." I said, "I do not know what you mean. Get down off the gate and behave like men."
To Mr. Shearman. Luxon was somewhat excited when he was on the gate. I think there were about four officers there when he dropped down. I took Simson to the station; he was quite selfpossessed.
Police-constable MICHAEL MAUGHAM (Portofondon), corroborated, stating that there were five or six men on top of No. 8 gate, of whom one was Luxon; he was demanding that the gates should be opened and Shouting, "Follow me, boys "; or words to that effect.
To Mr. Shearman. The blow he gave me on the face only caused a slight abrasion. He hit me as I was approaching him and we both then fell to the ground. He was sober, but excited.
Detective HENRY DAMER, Port of London, corroborated, stating that be saw Luxon on top of No. 8 gate, shouting, "I will go, who will follow?"
To Mr. Shearman. I could hear there was some excitement going on outside the gate.
Police-constable JOHN BULLEN, Port of London, corroborated, and stated that he saw Luxon and Simson on top of the gate, and adding, Simson followed Luxon into the dock, and struck me on the side of the head with his fist, and kicked me on the left forearm. We struggled and fell to the ground. He kicked me on the ground. Police-constable Richardson came to my assistance and we took him to the police office; he was a bit rowdy on the way; he was fairly quiet.
To Mr. Shearman. He kicked me in trying to escape. I was not injured.
Police-constable ROBERT MILLER, 308 H. On this afternoon I accompanied the procession from Tower Hill; I was about the centre of it. I went as far as the corner of Nightingale Lane and Upper East Smithfield; the whole procession went down the lane. While at the corner I saw Haley running towards me out of the lane with other men. At the corner, where I was standing, he attempted to knock over a watchman's box, at a place where the road was under repair in Upper East Smithfield, and deliberately pushed over the poles which were on trestles surrounding the spot. I arrested him and he said, "Out him, boys" He struggled and threw me to the ground. Another officer, Police-constable 84, who came to my assistance, was struck in the face by somebody in the crowd. We took him up Dock Street towards Leman Street Police Station. Hundreds of strikers threw stones at us, but none of them hit us.
To Mr. Frampton. He went quite quietly to the station. I should nay there were about 10, 000 men in the procession; they all got into Nightingale Lane. I did not notice the procession stop, as I could not see all down the lane. I saw them afterwards coming out of the lane, being dispersed by the police in large numbers; they were shouting; they were rushing in all directions. None of them knocked up against time poles except Haley. The men were four or five deep. Four or five must have come out of the lane with Haley, but I did not see him pushed up against the poles. He only fell down when I got hold of him. When I seized him he did not say, "I have done nothing." I
had not my baton drawn. The men coming out of the lane were not pushing one another. The police dispersing the crowd had their batons drawn. Haley threw no stones and he had none in his possession. The piece of road being mended was about 10 yards long and there was nothing to keep the trestles particularly firm.
Re-examined. Upper East Smithfield was not blocked with traffic when Haley came out of the lane, because by that time I had diverted it.
Police-constable FRANK THOMPSON, X Division. On this afternoon I was on reserve duty at Leman Street Police Station, when I was ordered to Nightingale Lane. On the way, in passing Royal Mint Street, we met a great crowd of people, apparently strikers. Coles was endeavouring to undo the near side trace of a pair-horse van; I think the carman was standing at the head of the horses. I heard him jay to the carman, "Come out, you b—blackleg." There were several people about there, but I could not say whether they were his friends; I do not think they were taking any part in speaking to the carman. I asked him what he was doing and he said, "This man is starving our women and children." I arrested him and he was inclined to be obstreperous, but he went quietly afterwards. When charged at the police-station with using insulting words and behaviour, and afterwards with rioting, he made no reply.
To Mr. Black. I was with a number of other officers. I connot say where Coles had come from; I first saw him by the traces. If my depositions say that I was on duty in Nightingale Lane it is wrong; I never got as far as there; I did not notice that error when reading it over, nor did I afterwards correct it in the subsequent proceedings. I met the strikers in Royal Mint Street, running from Nightingale Lane.
(Tuesday, November 12.)
Police-constable WILLIAM BITTERLEG, 763 X. On this afternoon I was drafted for special duty to the neighbourhood of Tower Hill and the docks. Opposite No. 7 gate in. Nightingale Lane I arrested Warren, who was taking hold of the reins of a horse attached to an empty van, which was standing stationary in Nightingale Lane; he was with about 20 others. He palled the horse across the Lane and I asked him if he was the driver. He said "No," and I palled him away from the horse's head. He then said, "Come along, boys; it is only one; we can do him in." One man then struck me across the chest with a piece of wood, and there was a general hullabaloo. I g-t hold of Warren and took him into custody. I had to have the assistance of the mounted men, as he was resisting. I put him inside No. 7 gate, and when all wee quiet I took him to the police station: he went quietly. At the time I arrested him I was directing the traffic in the Lane; I had been there from six o'clock. The arrest was a few minutes before the band and the procession came down. about 2.40. The mounted men who assisted me were those at the head of the procession.
To prisoner Warren. I did not see any men lying down in Nightingale Lane, having been knocked down by the policemen. I did not set you lying down surrounded by men who were giving you brandy. When I took you into No. 7 gate I did nut see any doctor fetched to attend to you. I do not know whether you were working during the strike.
The Recorder observed that Warren was only charged with rioting, and not with assault, whereas it appeared that this occurrence took place before the procession had actually entered the Lane His Lordship therefore asked whether there was sufficient evidence to connect him with the riot.
Mr. Humphreys replied that the evidence was that some of the prisoners in the procession parted from the procession at the top of Nightingale Lane and rushed down there. He submitted that the riot began at that immediate moment.
The Recorder said that he would not withdraw it from the Jury. Re-examined. I never lost sight of Warren from the time I saw him turn the van round until the time I had him in my custody.
Police-constable PERKINS, 487 H. On this afternoon I was on duty in Tower Hill, and from there I went to Nightingale Lane. I saw the disturbance. I went from there to the corner of Royal Mint Street and Dock Street, where I saw about 200 men rush up Dock Street shouting; this was about 2.30. In Royal Mint Street I saw Dixon cross from the south to the north side and catch hold of the reins of a single-horse van, saying to the carman, "Come of, you f—g bastard." I took him into custody. He was fairly quiet We were both tripped up on the ground by some of the crowd. Police constable Harris came to my assistance, and the prisoner in struggling on the ground kicked him on the left, leg; he was partly getting up when he did it; I should say it was intentional. We took him to the station; he went quietly. When charged with using insulting words and behaviour, and assaulting Police-constable Harris, he said, "I am not drunk. What the union tells us we must do" He was quite sober. Sobsequently he was charged with rioting.
To prisoner Dixon. When I saw you at the van it was 2.45. I did not see you go down Nightingale Lane, as I was at Tower Hill at that time; you were there before I got there. When I arrested you it was about half an hour after the rioting had started in Nightingale Lane. I and the other constables on the way did not stop sad hit you. The first time I saw Coles was at the station. I did not see what direction you came from. I did not know if you were a striker. I did not come up and knock you down. (To the Court.) There was no other constable besides myself and Harris taking him to the station. When going through the court be did not behave very violently. He was not assaulted by anybody.
Police-constable ARTHUR HARRIS, 839 X. On this afternoon I was on reserve duty at Leman Street Police Station when, at about 2.45, I was instructed to go to Nightingale Lane. I got to the corner •of Dock Street and Royal Mint Street, where I saw a large body of
strikers coming towards me from Nightingale Lane; mounted police were following them up. I saw Dixon on the ground with Policeconstable 487 holding him. I went to his assistance, and he got up with the constable still holding him. He deliberately kicked me on the left thigh. We then took him to Leman Street Police Station.
To Prisoner Dixon. You were standing when you kicked me. We never beat you in court.
Police-constable ARTHUR BOXALL, 789 X. From 6 a.m. till 3 p.m. I was on duty outside No. 7 Gate in Upper East Smith field. I saw the procession pass down Nightingale Lane. About 10 minutes after, the whole procession having passed, I saw Taylor, with about 40 others, going in the direction of Tower Hill, back from the direction in which the procession had come. seeing I was by myself he said to the others, "After him, boys!"They all rushed across the road, and he hit me on the jaw and on the chest. I struggled with him and we came to the ground together. About a dozen officers came to my assistance and the crowd ran in all directions. I held Taylor and with assistance I conveyed him to Leman Street Police Station; he went quietly. When charged with using insulting language and behaviour and with assaulting me he made no reply. The blow in the jaw hurt me, but it left no mark.
To prisoner Taylor. I am positive that you were coming from the City way.
This concluded the case for the prosecution. Mr. Shearman submitted that there was no evidence to go to the jury as against Haley, Simeon and Luxon. On the charges relating to rioting, the common purpose contemplated by the decisions as being necessary to be established had not been shown; there was no evidence that any decision to attack No. 8 Gate had been arrived at; a procession, of itself, was not illegal.
Mr. Black, on behalf of Coles, associated himself with this submission.
The Recorder stated that he would leave the point as to the existence of a common purpose to the jury.
Mr. Shearman further submitted, assuming there was evidence of riot, there was no evidence of Haley having been guilty of this offence, it not having been shown that he, by word or act, took any part in inciting or helping the riotous proceedings; his mere presence among the rioters was not sufficient to render him liable to such a charge. The Recorder overruled the submission.
MORRIS HALEY (prisoner on oath), general labourer, 206, Butchers Street, Tidal Basin. On July 24 I was out of work; I work anywhere. At 6.30 a.m. I went to the Thames Engineering Works, Deptford, to get work. At about 2.20 p.m. I turned down Upper East Smithfield, which was my nearest way home, meaning to turn up Dock Street and along Commercial Road. I got nearly to the top of Nightingale Lane
on the left-hand side coming towards Dock Street, when a rush of men came from that lane, running to get out of the way of some mounted police with their batons drawn, who were driving them up Nightingale Lane. I ran very near to the corner of Dock Street, and when I got there a lot of constables came round Dock Street and I ran across the road. I had my head turned and I tripped up over one of the trestles which were holding some poles where the road was being repaired. It was an accident. I knocked one over and fell down. There was a crowd rushing in all directions. A constable pulled me on my feet and I said to him, "Don't beat me, as I have done nothing" I did not say at the time, "Out him, boys!"This particular policeman had not his truncheon drawn. Another constable came up and caught hold of my other arm and I went quietly with them to the station. I took no part in the riot.
Cross-examined. I saw no disturbance down Nightingale Lane when I was walking along Upper East Snnithfield—only the rushing out; I was coming across the top of Nightingale Lane; I was not running out of there. I was by myself. These trestles were about 20 or 30 yards from the corner of the lane. I did not see any watchman's box. I did not throw the constable to the ground. The reason why I said to the constable, "Don't beat me," was because they were driving the men out of Nightingale Lane with their batons. The constable did not fall down. I was not on strike. I am a Union man, and if I could get work without touching transport work I was allowed to do it. I was on strike against transport work. I got three weeks' strike pay out of 14. I was not 'getting strike pay on this date. I saw nobody I knew in Nightingale Lane. The prisoners are perfect strangers to me. I did not see any stones thrown when I was in custody.
Re-examined. There are sealers, general labourers, and engineers in the Union I belong to.
(After the midday adjournment.) Mr. Bodkin stated that, having considered the case of George Warren, he asked leave to withdraw the charge as against him.
The Recorder assented, and a formal verdict of Not guilty was returned.
Mr. Shearman stated that he had seen all the remaining prisoners except Coles, and advised them that, in view of the evidence that had been given by the prosecution, it would be idle to take up the time of the Court and the jury in contesting the case any further on the charge of riot; they would now withdraw their plea of not guilty to those charges.
Mr. Black made a similar statement with regard to Coles. Mr. Bodkin stating that he would not press the charges of assault, since they were not of a serious description, the prisoners named formally withdrew their pleas of Not guilty to riot, and a verdict was returned of guilty of riot and not guilty of assault, as to them.
Mr. Bodkin stated that it would appear that Simson and Luxon were the leaders.
The Recorder expressed the opinion that they were leaders of this particular section at No. 8 Gate, but not leaders in the sense that they were the intellectual force which was setting all these elements of disorder in motion; he was sorry to say that no persons of that class had been brought before this court.
Mr. Bodkin stated that he considered the public should be grateful for the admirable measures taken by Superintendent Billings from the commencement of this strike, which continued for something like ten weeks, during which time nothing of a serious nature had happened, with the exception of the riot on July 24.
Luxon, through Mr. Shearman, stated that he was extremely sorry for the part he had played; he attributed it to the fact that he had unfortunately been taking a little too much to drink.
All the prisoners had previously good characters.
The Recorder stated that in, passing the light sentences he was about to pass he had regard to the fact that this unfortunate strike was now happily over and that the prisoners had returned to work. He was glad to have seen that in this case no charges had been made against the police of having exceeded their duty. It would have been difficult to do so, for it was entirely due to the admirable arrangements of Superintendent Billings and the patience of the police that the peace was not broken more often and that more damage was not done to property. The prisoners, however, in this case had proceeded to such lengths that it was rendered absolutely necessary that they and all their companions should be taught that persons indulging is riotous proceedings such as these brought themselves within the law and were liable to be punished.
Haley, Dixon, Coles, and Taylor were released on their own recognisances each in the sum of £50 to come up for judgment if called upon.
Sentence upon Simson and Luxon was postponed until next Session, prisoners to remain in custody.
BEFORE THE COMMON SERJEANT. (Monday, November 11, and Tuesday, November 12.)
Mr. Clarke Hall prosecuted.
Sentence: Four months' hard labour
BEFORE JUDGE LUMLEY SMITH.
(Monday, November 11.)
Miss JULIA CAMPBELL, 103, Albion Road, Stoke Newington. I was present at the registry office, Islington, on May 29, 1904, when my niece, Alice Maud Campbell, was married to prisoner. He is described as a bachelor in the certificate.
AMELIA MILDRED MCGINNITY , 8, Durham Street, Vauxhall On October 28, 1904, I went through a ceremony of marriage with prisoner at St. Mark's Church, Battersea. I had known him about 17 mouths. He told me he was single. I left him about 18 mouths after the marriage. Then I lived with him again. I left him finally this year. Last spring he asked me if I had heard anything about him from the neighbours. He said "A woman has been here to-day saying she is my wife" I said, "Is she your wife" He said, "Yes, but if you will wait I will do the imprisonment and come out and marry you properly again 11 Next day, May 29, he wrote a letter to miss Maud Campbell and gave it to me to rend. He posted it himself. Miss Campbell came two days afterwards and made a communication to me I spoke to my brother about it. I continued to live with prisoner until I could see how things were going. I have one child by him.
Inspector THOMAS DUGGAN. On October 9, in company with Detective Allen, I saw prisoner and last witness at 44, Clayton Street. In prisoner's presence I said to Miss McGinnity, "Is this the man you allege went through a ceremony of marriage with you at St. Mark's Church, Battersea?" She said, "Yes, I give him in charge." I then said to prisoner, "We are police officers. You heard what the woman said. I am going to arrest you. You will be charged with bigamously marrying Amelia Mildred McGinnity at St. Mark's Church, Battersea Rise, on October 28, 1904, your wife, Alice Maud, being then and now alive" He said, "You have evidence of that, of course. I admit that. "What he meant by that was the marriage with McGinnity. "You know she was found in bed on September 30 with a man named Flaherty. He came here to lodge on the Wednesday previous. When I came home he was up in my bed with her fast asleep. Also my child was in bed in the same room. The man Flaherty slipped out of bed. She was drunk. "He asked if she had been to a magistrate and got a warrant. He said, "I have been to a solicitor of the matter, and he told me not to take any notice of the matter as she could do nothing. He advised me to get the certificate of my first marriage in Australia. I went to the New South Wales Government Office, and they told me to write to the registrar at Wynyard Park, New South Wales, with a postal-order for the certificate which I have done. I should also have tent for the certificate of death." He pause and said, "This is important for what she is building her accusations
on. I was married in Australia in 1887 or 1888. My wife died in 1891. I was informed by my solicitor, Mr. Robert Hood Chapman, that my wife had died in Australia. I came home to England in 1892 or thereabouts, and met Dougal John Campbell, son of Major D. J. P. Campbell, late City Marshal of London. I might mention Major Campbell and my father, Colonel Campbell, were great friends for many years. Dougal Campbell invited me up to his aunt's house, and there I met Maud Campbell, and friendship grew between us. She ultimatele got pregnant, and from advice generally I married Maud Campbell by special license at Islington in 1894 or thereabouts. I only stayed a few days with her, learning that I should have received advice that my first wife was dead. I Have seen Maud Campbell several times after our marriage up till about 1899. Since then I have not seen her. I wrote Maud Campbell a letter at that time informing her the state of matters. Maud Campbell knew I was married in Australia previous to marrying her. Maud Campbell sued me twice in the North London Police Court for maintenance. She got £1 a week from me through the court, but no evidence was given by either side as to my marriage in Australia. She again went before Mr. Paul Taylor, then to Mr. Bros, who remanded me for a week to see the state of my mind. "At that point I invited prisoner to write down the remainder in my pocket-book himself. This is what he wrote in his own handwriting: "I have not seen Maud Campbell for over 12 or 13 years. I have not seen nor corresponded with Maud Campbell or her representatives until May 29, when I sent her the letter in the officer's possession. posted by Amelia McGinnity in my presence. Maud Campbell has called at 44, Clayton Street, several times, and I was instructed by Amelia McGinnity that Maud Campbell wanted no further interference in matters. This statement made by me is voluntary, given under caution by officer to me.—James Campbell ". When the charge was read over he said to the inspector who was taking the charge, "Have you seen McGinnity's certificate?"
JAMES NEIL CAMPBELL (prisoner, an oath). I am a baloonist. to 1887. I married a lady in Australia named Sophia Allingham at St. Barnabas Church, Sydney. I have not the certificate with me, but I (have sent from Brixton Prison a postal-order for 7s. 6d. enclosed in a registered letter directed to the registrar of births and deaths of he High Court, Sydney, to send me a copy of the certificate of sophia Allingham to the Chief Clerk, South-Western Police Court. That certificate could not possibly arrive here until the new year; but I here band you a copy of the "Sydney Mail, "sent to me in prison by the London representative, announcing my marriage to Sophia Allingham. I have also a letter from the India Office, where they state they have received a letter purporting to be signed by my wife inquiring whether the executors of my late father's will were still alive, and that a reply to that letter had been sent, which was returned to that
office an November 18, 1904. When I left my wife in Australia in 1891 or 1892 she was seriously ill. I had litigation here and came home. I continuously had letters from her addressed to Mr. Chapman, Ship Street, Brighton, who was acting as my solicitor. I ultimately received letters written by Miss Ada Francis, I think it was, up to the latter end of 1893. The last letter I had from my wife was 1893. Miss Francis wrote that my wife was dead. That was 1893 or beginning of 1894. I thought I had a perfect right to marry Maud Campbell. Immediately I had done it people told me I should get into trouble. I did it for accommodation and respect of name. I only stayed with her a matter of three days. I think the time I stayed with her was sufficient to show I was not anxious to commit any crime, nor could it be for any lustful purpose because that purpose had already been performed, unfortunately. The letter from tie India Office shows that my wife was alive in 1904 and that Maud Campbell cannot be my wife. The most material thing, perhaps, will be to produce the death certificate of Sophia Campbell.
Verdict, Not guilty.
Prisoner was further indicted for feloniously inserting and causing to be inserted in a certain marriage register a certain false entry, to wit, the word "bachelor," knowing at the time that it was false.
HERBERT JOSEPH PEALL , verger, St. Mark's Church, Battersea Rise. I produce the original marriage register. It contains an entry of the marriage solemnised on October 28, 1904, between James Neil Campbell and Amelia Mildred McGinnity. He is described as a bachelor.
Inspector THOMAS DUGGAN. In my opinion the signature in the registrar is prisoner's. I have compared it with his writing.
JAMES NEIL CAMPBELL (prisoner on oath). I have looked at the signature in the book and am prepared to say it is mine. I do not remember signing it. I did it with no criminal intent. Nothing has been shown that I did it with any criminal idea. I suppose I did not take particular notice of what I did state.
Sentence: One month's imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Tuesday, November 12, And Wednesday, November 13.)
EMILIUS, Louis (73, tailor), and EMILIUS, Anna (45), both unlawfully procuring two young girls, to with, Lettie Emilius, aged 17 years and Louisa Emilius, aged 16 years, to become common prostitutes; both having the custody of the said Lettie and Louisa Emilius, girls under the age of 16 yean unlawfully did cause or encourage their seduction or prostitution.
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted.
The indictment with regard to Louisa Emilius (under 16) only was proceeded with.
The Common Serjeant held that as Louis Emilius had been ill owing to an accident and there was no direct evidence against him, he could not be convicted of causing or encouraging.
Verdict, Louis Emilius, Not guilty; Anna Emilius, Guilty.
Sentence: Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, November 12.)
WINSLOW, James (39, merchant), CARRIER, Frederick (37, accountant), and HEPDEN, Frank Horace (31, merchant), pleaded guilty of conspiring and agreeing together by false pretences to acquire from such of His Majesty's liege subjects as might be induced to forward goods to Darton and Co. and Frank Hampton certain of their goods with intent to defraud.
Mr. Bodkin prosecuted; Mr. Curtis Bennett appeared for Window; Mr. Eustace Fulton for Carrier; Mr. Purcell for Hepburn.
Sentences (each prisoner): Ten months' imprisonment, second division.
Mr. H. W. Rowsell prosecuted; Mr. Curtis Bennett defended.
Verdict, Not guilty.
Mr. Curtis Bennett and Mr. Hutchinson prosecuted; Mr. H. Lewis defended.
Dr. G. CHATTEKTON HILL, 91, Gower Street. In August and September, 1905, I wrote a manuscript of a book called "The Philosophy of Nietzsche. "In November, 1905, I handed same to Mr. A. M. Burghes to find a publisher for it. I paid him five guineas for that. At the beginning of 1906 I wrote him making inquiries as to my MS. He said he had submitted it to a publisher, and it was lost. I consulted a firm of solicitors and received back, two guineas from Mr. A. M. Burghes. I never after that time gave prisoner authority to act as my agent for the purpose of getting the manuscript published, or had any communication with his father. I did not authorise him
to receive £10 on my behalf. I did not undertake that I would not write any matter on the "Philosophy of Nietzsche." I was not in a remote part of Africa on August 15 last; I must have been in Los-don. On September 28 I saw a notice that this book was going to be published. I communicated with the publishers in consequence. I have not received the £10 or any portion of it.
Cross-examined. Prisoner's father told me he had submitted the work to Messrs. Nutt and that it had got lost by them. Messrs. Nutt also told me the MS. could not be found. The cheque for two guineas was given me as some slight reparation. It was not for the purchase outright. I have never had an interview with prisoner.
ERNEST CRANTON , secretary, John Ouseley and Co., Limited, Fleet Lane, E.C. In July this year I saw prisoner at 34, Paternoster Row. He produced this MS. He said it had been refused in one or two quarters, but he recommended it to me. He said Dr. Chatterton Hill was the author and he acted for him, and he was willing to accept a certain sum. I took it away to have it read. After it was read I saw prisoner again. We agreed to publish it. We agreed to pay £10 for the MS. I said we should require the usual agreement to be signed by his client. He replied that the doctor was in some remote part of Africa and could not be got at through the post, but he had full power to act on his behalf. I asked him to produce the authority. He made search amongst his papers and said he could not find it. I told him I should require him to write me a letter to the effect that he was duly authorised to enter into the agreement, and this he agreed to do. On August 8 he signed Exhibit 3 in my presence. A cheque for £10 was made payable to him.
Cross-examined. I had done business with prisoner's father for some years. Prisoner did not show me the letter from Messrs. Nutt When we advertised the publication of the MS. Dr. Chatterton communicated with us and we jointly took these proceedings. I did not first communicate with prisoner.
CLEMENT MACLEOD BURGHES (prisoner, on oath). I now carry on the business which my father carried on for many years at 34, Paternoster Row. I put certain money in the business and took over the assets in 1907. I knew nothing about this MS. untill I received a letter from Messrs. Nutt in May last, stating that they had found the MS. and wished to restore It to the original owner. I spoke to my father about it. Messrs. Nutt returned the MS. to me. My father told me he had purchased it for two guineas from Dr. Chatterton's solieitors in 1906. I had no reason to doubt his statement. If I had not thought it was my property I should not have sold it to Meant. Ouseley.
Cross-examined. I do not believe I read through the agreement at the time I signed the agreement on behalf of the author because the author's name is put in on all purchases. I have a distinct remembrance
of Mr. Cranton knowing it was my property. What he says is untrue as to my searching for the authority. I have a proprietary right in the name of the author. My father got five guineas for reading the MS. and placing it on offer. I did not tell Mr. Cranton that Dr. Hill was in a remote part of Africa. I said I did not know where he was. When Mr. Cranton gave me the cheque for £10 I had never seen a cheque drawn like that in my life. He said, "We want it as a record as regards Nietzsche, "I gave an undertaking that Dr. Hill would write nothing on the same subject for 12 years. I was the absolute purchaser of the work. I do not know why I should have troubled Dr. Hill about it it was not a bit extraordinary to bind him. He had no reason to know.
ALEXANDER MACLEOD BURGHES . For the last 34 years I have been carrying on business at Paternoster Row as a literary agent. About 1907 I retired from my business and handed it over to my son. In 1905 I had some dealings with Dr. Chatterton Hill. He handed me ft MS. for publishing and the usual Press agent's fee of five guineas. I submitted the MS. to David Foote and Co., who lost it. I did not lose it. Dr. Hill called upon me and said he regretted it; he went away apparently very friendly, but a few days afterwards his lawyer called upon me, and as the result of that conversation I gave him a cheque for two guineas to free myself from liability and to buy the missing MS. In 1912 Mr. Foote wrote to me and said he had found the MS. I believe I told my son I had bought the MS.; my son sold the MS. to Messrs. Hollamby and Co. I believed it to be mine, as I had paid two guineas for it. I paid the two guineas for it on July 19, 1906, and heard nothing more of it until 1912.
Cross-examined. The two guineas was paid for the purchase of the MS.; it was not paid back as part of the five guineas because I had not been able to do anything for Dr. Hill. I was convicted here last week (see page 17) for having received £50 for an author and converting it to my own use. I have been helping my son in this business till quite lately. There was no agreement entered into when I purchased this MS. I wrote out a receipt for Mr. Fergujaon to sign his firm's name. I have not got it now. I believe I have once before purchased a MS. without entering into an agreement. I embodied an agreement in the wording of the receipt which, I think, has been destroyed. I was anxious at the time this MS. was not forthcoming to give full satisfaction to Dr. Chatterton Hill. The two guineas was not given as some sort of satisfaction. I wanted to get it back from Footes and keep on working till it was accepted.
JOHN ALEXANDER FERGUSSON , managing clerk of Walker, Martineau and Co., solicitors, Theobalds Row. I have been with that firm for 40 years. In November, 1906, we received certain instructions from Dr. Chatterton Hill, and in consequence I had some communication with the last witness: he handed me two guineas, returned on account of five guineas fee. Nothing was said by him about purchasing the MS.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
SMITH, George (24, carman), and PIPER, Sidney (30, labourer) , attempting to break and enter the shop of Luigi Di Lieto, with intent to steal therein; being found by night having in their possession, without lawful excuse, certain implements of housebreaking.
Mr. Leader prosecuted.
Smith pleaded guilty .
Police-constable GEORGE ASHTON, 75 B, City. On the early morning of October 27 I was in Fleet Street; I saw Piper and another man standing outside 175; the other man went up Crane Court, leaving Piper at the bottom of the court apparently looking out. A cabman called Piper to hold his horse's head. I went up the court after the other man and found be had climbed some iron railings about 8 ft. 6 in. high at the rear of 175, Fleet Street; he was endeavouring to force back the catch of the window with the blade of a knife. He turned round and spoke to me. I told him to come back over the railings and took him into custody. We then went to the entrance of the court; Piper was then disengaged from the cabman and was standing about four yards from the court looking up and down the street. I called to another constable, who was opposite, to arrest Piper, and he brought him back to me. I asked Piper if he knew Smith, and he said he did not. I asked Smith if Piper was his mate, and he said he was. I took them both to the station, where they were charged and they made no reply. I searched Smith and found a blade of a table knife and two keys. I found no implements on Piper.
Police-constable WALTER AVORY, City. On this morning I was in Fleet Street by serjeant's Inn. I saw Piper holding a horse's hand by Peele's Hotel. When the cab drove away be went towards Crane Court and stood by there. I had not seen him with any other man. At this stage Mr. Leader said he thought the case as against Piper could not be proceeded with, the evidence being so slight. Judge Lumley Smith agreed, and a formal verdict of "Not guilty" was returned.
Against Smith several previous convictions were proved; he was given a good character as a worker.
Sentence: Six months' imprisonment, second division.
BEFORE MR. JUSTICE PHILLIMORE.
(Monday, November 11.)
Mr. Bodkin and Mr. Cecil Whiteley prosecuted; Mr. Lister Drummond and Mr. Ronald Smith defended.
Police-constable FRANK GEORGE WAYLETT, 12 K, and Sergeant BOUSTEAD, New Scotland Yard, proved plan and photographs for use in the case.
WILLIAM HENRY BEAL , 84, Pond Road, West Ham, labourer. Prisoner is my eldest son. He has been in respectable employment up till June last. He joined the Royal Field Artillery, Special Reserve, and went to Portsmouth last year for his annual training, and came back somewhere about February this year. He kept company with deceased since last Christmas. She came to our house several times. They seemed to be on happy terms. I never saw them quarrel. I have seen them not speak, but nothing out of the way. Whilst he was out of work he used to go out every morning and take her to work and take her back home at night. He was not bad-tempered; he would lose his temper one moment but recover it the next. He brought the razor (produced) back with him from Portsmouth; also the case. I used it once or twice, but he did not like me using it, at he said I spoilt it, so he used to carry it about with him or hide it in the house. He once had a silver watch and chain. Clara had a wrist watch, and they agreed to exchange watches, and he wore her wrist watch and she wore his silver watch. Exhibit 6 (produced) is the wrist watch. On September 12 my son left home about 5.40 in the afternoon. He was a little bit cross on account of my not having enough food to give him, so he got up rather hurriedly from the table and went and shaved himself and then went out. I believe he was wearing the wrist watch as usual on his left wrist. After he had gone I looked for the razor because I required a shave, but could not find it. I never objected to his keeping company with deceased. He never complained of any violence by her on him except in a letter he wrote me from Brixton Prison. I think the letter is at home; he mentioned about a bottle in that, and that she had used hatpins on him. Letters produced of September 10 and August 15 are in her writing. Bundle of letters, including one dated August 22, are all in my son's writing.
Cross-examined. Deceased did mention to me about going to Australia if Will went. She was head and shoulders taller than him, and was a cheerful and good-tempered girl. Before he made the acquaintance of deceased my son kept company with Louie Hughes. He broke that engagement off when he went with deceased. He had one or two letters from Louie after he was engaged to deceased, but I don't think he walked out with her; he met her and deceased was very jealous indeed. She appeared very fond of my son and he appeared very fond of her.
Re-examined. Louie Hughes used to dog my son about. Of course, I have never seen her doing it because I never followed them.
WILLIAM GEORGE CARTER . 118, Pond Road, stevedore. Deceased was my daughter. She was 17, and was employed as a packer at Lusty's at Limehouse. She left home for work at 7.30 every morning, and got home about eight at night. She used to walk to work—half an hour's
walk. I have known prisoner since Christmas He used to fetch deceased in the mornings, and I have seen him on Saturdays and Sundays, and at night time at well. Exhibit 6 I made my daughter a present of about four years ago. The two seemed on friendly terms. I never objected to or interfered with their engagement in any way.
Cross-examined. She was a very cheerful, good-tempered girl; she was not at all hasty and she had very good health. She did go to the doctor some time ago, but only for indigestion, and the never missed a day's work.
SIDNEY DAVIS , 92, Coborn Road, Bow, clerk to Lusty. On September 10, about closing time, I went up into the room where deceased was at work to fetch something, and when I came down into the street prisoner came up to me and said, "Don't let me see you put your hand on that girl's shoulder again or I'll give you a good hiding" I denied it and said, "Don't be silly," and he said, "I'm her guardian "On September 12, about 7.15, I saw deceased standing at the door of Mrs. Pluckrose's shop talking to her. Her shop is next door to Lusty's. As I turned the corner by Gait Street I taw prisoner.
Cross-examined. I supposed he was her young man when he said he was her guardian.
Mrs. CLARA PLUCKROSE, 4, Parnham Street, Limehouse. Deceased was my niece. On September 12 I stood talking with her for a few minutes outside my shop, after she had left work, about 7.15 p.m. I saw prisoner peeping round the corner of Omit Street and deceased went off to him instantly. I never saw her again.
Cross-examined. I supposed she was engaged to prisoner; I had seen them together.
EDITH KING , 27, Beck Road, Abbey Lane. On September 12, at 8.30 p.m., I was walking along Abbey Lane with a friend, Amelia Walford, in the direction of Abbey Mills. We passed a young man and woman coming towards us. They were cuddling each other; they had their arms round each other's waists. The girl was walking nearest the railings. After we had got 10 or 12 feet past them I heard the girl cry, "Help!"We ran. back and I saw the girl lying on the ground and the young fellow fall and the rasor drop from his right hand. When he fell he got hold of the girl round the waist. We ran and told Mr. Harrup, and went back with him and then we went away.
Cross-examined. It was very dark and I could not see the two very distinctly as we passed them. I did not notice whether the girl had her arm underneath the young man's coat or whether his coat was partly round her. I did not hear them say anything or see any sign of any quarrel; they seemed very loving. It was "Help!"she cried, not a scream. I swear I saw the razor fall from his hand. I did say at the inquest, "I had not seen the razor before I saw it on the ground," but I did see the razor fall, and then I saw it on the ground.
a woman scream. King and Walford came up to me and said, "Quick" I went back with them and found a young man and woman lying on the ground. I said, "What game do you call this, fighting on the ground?" and a small groan came from the woman. I struck a match and then prisoner said to me, "19," or "119, Pond Road." I knelt down and found both their throats were cut. The wrist watch produced was in prisoner's left hand. Police-constable Gobel had come up by then. He asked what the time was, as he could not get his own watch out because he was holding prisoner and the girl, and prisoner held his left hand up with the watch in it. I said, "Will you let me wipe the blood off it?" but he clenched it in his hand and would not let me. When I first saw them they were embraced together and struggling on the ground; she was struggling from him and he was struggling towards her.
Cross-examined. It was not very dark. There is a lamp-post shining right to the place where the job was done.
Police-constable ARTHUR GOBEL, 762 K. I was called to the spot. I found a man and woman lying on the ground with their throats cut, smothered in blood. I separated them; prisoner resisted me slightly. I applied first aid to the man and sent for assistance. I then found a razor on the ground, blood-stained and open; it was lying closer to the man; when I removed the man I found the razor, it must have been under him; it was on the right-hand side of him when he was lying on his back. The woman was on his right-hand side. I saw Exhibit 6 in prisoner's left hand. I asked the people round to tell me the time and prisoner held up his hand with that watch in it. The razor was open. Prisoner said nothing. The woman was not quite dead, but unable to speak.
Cross-examined. It was a bit dark, an overcast sky. I suppose I was about 10 yards away when I saw them first, but I could not see that there were two until I got close to them.
Police-constable THOMAS CRISPIN, 1071 K. I was called to the spot. The woman was apparently dead, so I took the man to West Ham Hospital on an ambulance and returned for the woman. Prisoner said nothing.
Police-constable MAURICE PAYNE, 569 N. I was called by last witness as he was taking prisoner to the hospital in an ambulance. At the hospital I took a lady's watch (Exhibit 6) from prisoner. His clothing was saturated with blood. In the right-hand side pocket of his overcoat I found a razor case, in two pieces. I also found some letters.
MONTGOMERY PATTERSON PATON , house surgeon, West Ham Hospital. Deceased was brought to the hospital and was dead when I saw the body. There was a great deal of blood. On September 15 I made a post-mortem examination. There was a wound in the throat from left to right, gaping and rather deeper on the left side. It was five inches in length. This injury was due to at least three cuts. All the tissues were severed down to the voice-box and the incision went right down to the muscles of the backbone. There was also a discoloration
on the ball of the right thumb. There were no other signs of external injury. Any one of the three cuts would probably have caused death within less than a minute. After any one of the three she could probably have called out, "Help I" but not after all three. She was not pregnant. Razor produced could have caused the wounds. Prisoner was brought to the hospital a little before the girl. He had a wound in his throat from left to right, superficial on the left, but deeper on the right; it sliced off the top of the voice-box and divided the superficial muscles and vessels, but all the main blood vessels in the neck escaped. That wound could have been caused by the same razor. In my opinion the wound on the man was selfinflicted and the wounds on the girl were not self-inflicted. The man progressed favourably from the morning after he was admitted and by October 2 was well on the way to recovery.
Cross-examined. It is not impossible that the girl's wounds were self-inflicted. It is possible that she might have had sufficient strength after inflicting the first wound to have inflicted the others. In the case of self-inflicted wounds you would expect, as a rule, the wound to be deeper on the right, one begins tentatively on the left and it gets deeper on the right, but it varies; in a case of madness a person usually begins very vigorously on the left and it tails off on the other, side. Assuming the man is standing with the girl on his right and inflicts the wound with the right hand, I think it is impossible to say that you would expect to find the wound deeper on the left than on the right. It depends on how he pulls the woman's neck and how the woman acts and how she turns away. I do not think the injury to the thumb was due to pressure of the razor; it was simply a bruise. There were no cuts on the hands. If a person is suddenly assailed by someone else who attempts to cut his throat, it would be extremely likely for him or her to put up their hands to shield their throats, but I should not be surprised if cuts on the hands of the victim were absent. It is common knowledge that in the case of a perfectly respectable girl leading an irreproachable life, or in the case of persons suffering from delusions or jealousy or love, certain forms of hysteria exist and they sometimes think they are pregnant without having had any connection with a man.
He-examined. My reasons for believing that the wound upon the man was self-inflicted are that it was in the site where suicide wounds are usually found and that the main vessels escaped. The girl's wounds were found in the region where the great majority of homicidal wounds are found.
Police-constable FRANK BUTLER, 219 K. I was in charge of prisoner at West Ham Hospital from September 13 to October 7. On October 2 prisoner volunteered the following statement to me. "The pareuts are the cause of this trouble from the first. She has tried three times to kill me—the first tame with a ginger-beer bottle, then with a hatpin, and then on this night we were walking with our arms round one another and I felt some sharp thing stick in my neck, and then somebody tried to take my wrist watch off me, and I remember
no more till I woke in here. We are both hot-tempered and she is a bit insane." He knew I was a police-constable.
Inspector ALBERT YEO, Lime house Police Station. On September 13 I saw the body of deceased at West Ham Hospital. On October 7 I saw prisoner on his discharge from hospital. I told him that I was a police-inspector and that he would be charged with the wilful murder of Clara Carter by cutting her throat with a razor at about 8.30 p.m. on September 12, 1912, and, further, with unlawfully attempting to commit suicide. I cautioned him and he said, "I have nothing to say then." I took him to West Ham Police Court, where he was charged; he made no reply.
Cross-examined. He did not say, "I have nothing to say now."
The jury intimated that they would like to hear whether prisoner made any statement or whether there was any evidence of any mark on prisoner's neck.
Police-constable BUTLER, recalled. When prisoner said, "I felt tome sharp thing stick in my neck," he did not point to his neck or give any indication whereabouts in his neck it was.
Dr. PATON, recalled. I did not see any trace of a hatpin having gone into prisoner's neck.
WILLIAM CHARLES ADOLPHUS BEAL (prisoner, on oath). I first met deceased four or five days before Christmas at a picture palace in Stratford and just before I went to Portsmouth on the 27th she asked me for an engagement ring, which I gave her. I was very fond of her. The letters that have been read passed between us while I was away. I came back on February 23 and saw her very frequently. I went back for training in June, and when I got to Portsmouth I was temporarily discharged as medically unfit for service, and I came back the same night. I went back to my job the following day, but my foreman could not start, me, and I lost my work. I was at work between February and the time I went away in June. Not being able to get work I naturally saw more of deceased. She was a very happy girl with me but not very happy at her work; she complained of people talking about her, especially her aunt, and several times said she would drown herself in the canal that runs by the side of the factory where she worked. She very often complained of dreams. When she talked about jumping into the canal I said, "Don't talk silly," or some remark like that. That would be a good two months before this occurrence. She had also several times in the month before this threatened to drown herself in the canal. Before I knew deceased I walked out with Louie Hughes for about two and a half yean, but my engagement to her was broken off when I got engaged to deceased, and after that I only saw Hughes once. Deceased knew that I had broken off with Hughes, but she was still very jealous. I never had any serious quarrels with deceased. On one occasion, about a month before September 12 she threw a ginger beer bottle at me and on another
occasion she struck at me with her hatpins. The bottle missed me and the hatpins only stuck in my coat. I used to walk with her to her work every morning and fetch her back in the evening. She was not very happy at her work, and once got a place as a servant, but her mother forbade her to go. I remember receiving a letter on September 10 from her saying she was afraid she might be in trouble, but I did not take much interest in it as I did not read it at the time and I never thought of anything like that. I swear I never had connec-tion with her. On September 12 I went to the factory in the evening and met her as usual about 7.15. As we were walking along she asked a e to marry her, and I said I could not as I was oat of work. She looked on the ground and thought. She asked me to go along Fish Gut, where the canal runs on either tide of a narrow path, and I said it was a dangerous place, and we would go our usual way. As we walked along Abbey Lane she was on my right next the railings and her arm was round my waist underneath my overcoat, because she said she felt cold, and my arm was round her waist, I was holding her left hand and I told her to put her right hand in my right-hand pocket of my overcoat, and she did, and we walked like that, She asked me two or three times about marrying her and I told her I could not. She was quiet for a time and then she asked me to give her a kiss. I turned my face sideways to kiss her, and as I did that I felt a sudden dig in the neck, and I fell down and felt the wrist watch being taken off my wrist, and I remember no more until I woke up in the hospital. I did not attack her on that night in any way or cut her throat.
Cross-examined. She was always happy and cheerful when she was with me and fairly good tempered. She threatened to take her life on several occasions in the month before September 12, but I did not think the was serious. I have never told anybody about it until to-day. There was no quarrel of any kind between us that night—I do suggest that the committed suicide through jealousy. She was jealous of Louie Hughes, although I gave her no earn for it. She had asked me to marry her before. There was nothing new in my telling her I could not just yet. I did not know the razor was in my pocket, but I sometimes carried it about with. I do suggest that she took it out without my knowing it, opened it, and then attacked me. I did not hear her call "Help," but she might have repeated of what she had done and then called out. It is impossible that either King or Walford saw the razor drop from my hand. I beard the police say that the rasor was found between her and me and on my right, but it could have fallen in that position out of her right hand. I think the two girls made a mistake when the? said the fell first: they mistook me for her as it was dark and we were both dressed similar. I have no Mea how the watch got off my wrist. When I wrote to her on August 22 saying "I shall find rest and peace one of these days, but not without revenge," that meant revenge on Louie Hughes'! people. I cannot make out what "You will not go unpunished: you will regret the way you are serving me," means at all. I had never threatened her.
Re-examined. That letter was all referring to the trouble about Louie Hughes and also to the fact that I had once attempted suicide to frighten father.
To the Court. I do not know what she means when she says in her letter of September 10, "Darling, all my thoughts are now whether I am in trouble or not; if so I must go miles away. May God help me to bear it." I do not think she meant she was in the family way. I do not think she would naturally ask me to marry her if she thought the was in the family way by me. She might have been by somebody else; I do not know what she did at work.
At the close of the judge's summing up the jury retired, but returned into Court after an interval and asked for further evidence.
Dr. PATON, recalled. It is impossible to say whether deceased was virgo intacta; she may have been, but as the hymen was broken one cannot say with certainty.
Verdict, " Guilty, with a strong recommendation to mercy on the ground of prisoner's youth."
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, November 13.)
CRIDLAND, William (34, coalman) , being a person over the age of 16 years and having the custody of Caroline Cridland, William Cridland the younger, and Frederick Cridland, children respectively under the age of 14 years, unlawfully illtreating and neglecting them in a manner likely to cause them unnecessary suffering and injury to their health.
Mr. Clarke Hall prosecuted.
Police-constable ERNEST ANDREWS, 450 K. On October 14 I saw the two little boys William and Frederick Cridland in East India Dock Road; they were given into custody by a school board officer. They were in a very ragged and verminous condition and had no shoes or stockings on. I took them to the station; they were very hungry. They were subsequently taken to a home. At seven o'clock the same evening I went to prisoner's house. He was drunk—I saw the girl Caroline; she was very hungry.
Cross-examined by prisoner. You are a widower; I believe your wife has been dead five or six years.
THOMAS HOOK , Inspector of the Society for the Prevention of Cruelty to Children. On October 18 I went to where prisoner lives; he occupies one room on the first floor. The room contained three old chairs a box, a table, washhand stand, and a full-size iron bedstead, on which was what had been a mattress of straw; it was rotten; there were a lot of dirty old coats and other things on the top all in a verminous condition; no proper bedclothing of any description. I saw Caroline (who is 13 years old); she was very pale and ill nourished,
poorly clothed, in dirty, ragged, and verminous garments. Her head was Punning alive with vermin; her flesh round her shoulders and upper part of her breasts was vermin bitten. Her right eye was inflamed; she appeared to be very nervous. She slept on a small wooden box under the window;—on the box she placed a mat, which was used in the daytime as a hearth-rug. There was no fuel or food and she had no means of providing any. At half-past ten at night I called at the house again; prisoner had not arrived home; I then went to a public-house in Hermit Road at ten minutes to eleven. I made inquiries and prisoner came out of the public-house towards me. He was drunk. I told him who I was and said, "Don't you think it is time you were home with your little girl; why you are neglecting her in this mannert" and told him I had seen her at his filthy room and that she was in a verminous condition. He said, "She is a bloody lazy cow; she is nearly 14 years old and big enough to keep herself clean. A coalie man came into the coal yard and told me you was talking to my girl; I thought you had taken her away; I wish you had. I know I have no bed; I prefer to sleep on the floor; I am dope now; I have got to appear at Old Street on Tuesday over those two f—g cow's sons, referring to his two boys who were already in custody. I told him I had heard he had punched Caroline in the eye and kicked her. He said he did clout her but he did not kick her, and he did not care if he got 20 years. He then accompanied me to his home: Caroline was sitting tip for her father; she was; terrified; he promised he would not use any further violence, towards her, and I want away. I was told he had been at work for the last month regularly: his average wages worked out to 5s.' 3d. per day. On October 31 I saw the two boys at the remand home; theyw ere thin and ill nourished, but they were clean; they had bean in the remand home a weak.
Dr. WALTER WATXINB. On October 19 I went to prisoner's room with the last witness. The room was dirty and verminous. I examined the broken-down mattress; it was verminous. I saw Caroline. She was ill-nourished and ansemic; she was suffering from inflammation of one eye; her body was flea-bitten; her head was alive with vermin; she was dressed in a boy's shirt, a blouse and skirts. Her bed consisted of a box and one chair at either end and old clothes, which were dirty. In my opinion she was being neglected in a manner likely to cause her suffering and injury to her health.
MAT FISHER . Prisoner occupies a room at my house; he has been there eight months. He is not a sober man; I have beard him come in night alter night the worse for drink; he has been worse during the last four or five weeks. The children have not been looked after and have "not had enough food. I have very often given them food myself. On October 11 prisoner went out at 5.30 in the morning to work and did not return till 11 o'clock the next night; he was drink. During that time I gave the girl some food.
Prisoner's statement. "I have done the best I could towards them. The last eight months I nave not done much work. Seventeen days' work I done last month and four and a half days the month before
that in the coal work. I only get 5s. 3d. a day when I am at work.
When Mr. Hook was down the yard the clerk told him all about the three days a week sometime."
Sentence: Four months' hard labour.
BEFORE THE RECORDER.
(Thursday, November 7.)
WATTS, Tom (62, labourer), pleaded guilty of being entrusted with £4, the moneys of the Trustees of the Dock, Wharf, Riverside, and General Workers Union, in order that he might pay the same to Elisabeth Ashton, unlawfully did fraudulently convert the same to his own use and benefit; embezzling and stealing the several sums of 1s. 3d., 9d., and 3d., received by him on account of the trustees of the Dock, Wharf, Riverside, and General Workers Union, his employers.
In 1907 prisoner had been convicted of conspiracy and sentenced to nine mouths' hard labour, Since his release he had borne an excellent character.
Sentence: Six months' hard labour on each indictment, to run concurrently.
BEFORE THE RECORDER.
(Wednesday, November 6.)
DOBSON, Charles (28, labourer), indicted for burglary in the dwelling-house of Miranda Smith and stealing therein five apples and 11 tomatoes, her goods, pleaded guilty of larceny, and that plea was accepted.
Sentence: Six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 7.)
Mr. Williams prosecuted.
not mine. I put the cheque in a bag which I lost. It was snatched out of my hand in Uxbridge Road on October 8, between four and five. I next saw the cheque at the police court.
Cross-examined by prisoner. I did not pass the night with you on October 8 at 40, Pottery Lane. I slept at the free shelter, Dr. Barnardo's Home. Three nights I was there. I did not give you the cheque to change. I did not tell you I did not like to go myself as I was well known in Richmond. I did not recognise you at the police station on the 8th because I said I did not know whether you were the one. I could not recognise you by the clothes. You had grey trousers on. (To the Court.) I have never seen prisoner before. He it a stranger to me.
FLORENCE MARSHALL . I am manageress for Mr. Mugridge at 299, Sandicombe Road. On October 9 prisoner came to me with a cheque. He asked for Mr. Mugridge. I told him he was not there. He asked if I could cash the cheque for him. He came three times altogether. There was no endorsement on the back when he brought it.
To prisoner. Yon asked me how you could set the cheque cashed. I told you anybody would change it in the neighbourhood.
FANNY HIGGS , greengrocer, 304, Sandicombe Road. Between 4 and 4.30 p.m. on October 9 prisoner came and asked me to change a cheque. This is the cheque. It was endorsed already. I told him I was not in the habit of changing cheques for strangers, and if I was ever so willing I had not got it.
Police-constable ROBERT BROWN, 757. I arrested prisoner on October 9. I searched him at the station and found on him a letter and cheque (produced). The cheque was endorsed an it is now.
Detective-sergeant THOMAS COX. I was in the station when prisoner was brought in. I questioned him as to how he became possessed of the cheque. He said he had spent the previous night with a woman and that she had asked him to cash it. He said he had tried to cash it. On the 17th I saw him again at Richmond Police Station. I. told him I was going to place him up for identification, as it was alleged that the cheque was in a bag which had been snatched from a woman in Uxbridge Road. I said to prisoner, "Whatever happens, whether or not you have stolen the bag you will be charged with forging and uttering the cheque," He said, "Very well, do what you like." He was placed with 11 other men. Prosecutrix came in and failed, to identify anyone. The prisoner said to her, "Why don't yon identify me, Mrs. Mugridge, as the man who slept with you that night." She replied, "I have never seen you before." He said, "I will cause that f—g cow's b—allowance to be stopped; see if I don't." I have examined the cheque and compared it with the writing of the prisoner, and it is identical. (Documents handed to the jury.)
BRIDGET HIGOINS , laundress, 32, St. Catherine's Road. (To prisoner.) On October 8, between 1.30 and 2 a.m., you came to me and obtained a room for one night with a woman. The woman was in your company. I should know her again. (Mrs. Mugridge was brought up from the cells.) That is the woman I let the room to with a man. They come as man and wife. You paid me a shilling I did not hear anything about the cheque till 11 o'clock in the morning (To the judge.) The woman asked me for a penny to get a cup of tea. I could not give it to her; I had nothing but my rent. Nothing was said about a cheque.
Cross-examined. I saw Mrs. Mugridge yesterday and knew her Again. I told the officer in the court yesterday that I did not know prisoner, neither do I. I knew him next morning, when he called me between 11.30 and 11.45. I know I let him the room. I fix the date as October 9 by the booking of my rents. I book up to two o'clock in the morning. I call that the 8th. I have not the book. We keep no book. I had a subpoena brought to me yesterday morning.
Detective-sergeant Cox, Prisoner asked if it could be found out whether this woman stayed at Dr. Barnardo's Home. I have examined the register of the women who stayed there on October 8 and the name of Mugridge was not there.
PATRICK MCDONALD (prisoner, on oath). On October 8 I was in King's Cross. Between 10 and 11 I was coming back towards Notting Hill. I met Mrs. Mugridge. We got in conversation. She was with another man. She said she had been with him all that day and he had pawned his watch and chain. She said he had been trying to change a cheque for her and that it had got to be changed at Richmond. She says, "Going to take us home?". We took the train to Westbourne Park and went to 40, Pottery Lane. We got a furnished room, where they let out lodgings. I paid 1s. for one night. That was Tuesday, the 8th. On Wednesday morning the woman gave me the cheque to take down and change. I thought it funny the woman giving me this cheque and being the same as she was. I thought at first it was no good. I went to a public-bouse in the morning to have a drink, and went back to see if she was there. The woman had gone, I thought. It was agreed I was to go to Richmond and change the cheque and meet her at the White City, Shepherd's Bush. I took the cheque to the house of the woman's husband, where she said the cheque came from, to certify that the cheque was a genuine cheque and that she was telling me the truth. The woman told me to tell any tale. I should not have spoken about passing the night with the woman, but that has been dragged from me by her own action. I told the manageress that the told me the cheque was her allowance
I said, "She owes me tome money." The manageress says, "All night, anyone will change it." With that I try to change it. My brother was with me, and while I was trying to change it I was arrested and charged with being a suspected person. That charge was not brought against me them. That was on the 9th. When I was put up for identification Mrs. Mngridge did not want to recognise me. She knew me as soon at she came in. I called her attention to me. She said to the officer, "No, he is not here; I cannot see him; the one who stole my handbag had light trousers." She looked at mine first and saw they were dark. I said, "Come here, Mrs. Mugridge, I want you to recognise me as the man who stayed with you." The reason I had to call the woman's attention to me was that there was going to be another charge on another crime. That woman gave me the cheque. I want to ask you this, my Lord, if a person gives you a cheque and gives you instructions to go and set it changed, is it forgery if you sign their name if they tell you to do it.
Judge Lumley Smith. If they sell you to put the endorsement on it it is not forgery.
The prisoner. Then I am not guilty. I was told by that woman to put it on.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, November 12.)
Mr. Horace Condy prosecuted.
JOSEPH AUSTIN . On the night of October 30 I was in my brother's kitchen at 33, Hampden Square, Mortlake. 'Prisoner came in; he struck me on the head with a piece of iron while I was sitting down and knocked me into the fender. I had not had any previous quarrel with him he was in drink when I came in; he only said, "You are one of them." I knew nothing more alter that until I gave him in charge. I was taken to the doctor's and had my head bandaged up.
Cross-examined by prisoner. When you hit me you knocked me into the fireplace; I have a ecar on my face now. My brother and I did not get hold of you when you came into the room. You had had a quarrel with my brother. I did not get two big men to set about you.
WILLIAM AUSTIH . I was with my brother in my kitchen on October 30. Prisoner ran through the passage into the kitchen; he lodged there. He hit my brother on the head with a piece of iron and said, "You are one of them," and ran out. He did not hit me. My
brother fell in the fender. When prisoner got into the street he said, "Come out here; I will fight you outside." I had had an altercation with prisoner earlier in the evening. He was very drunk at the time, else I do not think he would have done it.
To prisoner. My brother and I did not set about you when you came in. My brother did not jump up and attack you.
Police-countable FRANCIS HUTCHINS, 750 N. I arrested prisoner at 11.20 at 33, Hampden Square. The last witness handed me a piece of iron. When the charge was read over to prisoner he replied, "That I is right." He appeared to be sober.
To prisoner. I stopped you an you were walking away. Joseph Austin came up first, then Williams came up with the piece of iron.
DAVID KERB DO BELL , division surgeon. I was called to the police station on the night of October 30. I saw prosecutor sitting in a chair; there was a good deal of blood about his coat. I cleaned the wound on his head and put in three stitches. It must have been a pretty good blow to cut right through the scalp. It was caused by a blunt instrument. It could have been done by the piece of iron produced.
Prisoner's statement. "At half-past 10 William Austin and I were fighting; after we left off he goes indoors and I stopped out. He fetched his brother Joe and they were both in the kitchen together. I walked through to go up to my room, as I lodged there; as I was going upstairs, opening the door, the two of them paid me; got me in a corner and gave me good hiding, and I hit prosecutor in self-defence."
Called upon for his defence, prisoner said he had nothing to add to his statement.
Sentence: Three months hard labour.
BEFORE THE RECORDER,
(Wednesday, November 13.)
Mr. Cruickshank prosecuted; Mr. St. John Hutchinson defended.
Prisoner was tried on the first indictment.
HENRY WILLIAM GOBBETT , Lighterman. On October 14 I was on board the "Viscount" to watch a sculling match, when I made two bets, one of £3 and one of £3 10s., even money, with prisoner, who was making a book, and who was a stranger tin me; I first saw him when we left Putney pier, There were other bookmakers there. I made the best at about 2 45 or 2.50. when the steamer was at Putney Bridge. The race was being rowed from Putney to Mortlake, and I made the bets just previous to the start. He gave me two tickets. I won my bets,
W. C. Gobbett, my brother, fearing won. I went to find prisoner, and saw him and two other men getting over the tide into a small boat, which contained one roan. I tang out to a police motor-boat that was passing to stop them and they did so. They ran the small boat to opposite the Barnes Police Station. I want ashore and walked up the (sowing path, following the small boat; the police had let it go again. (Prisoner and the others rowed up to the side of a barge lying at the brewery, Mortalke, where two detectives tried to take him in charge; be rowed away at quickly at he could; this was about 3.25. He was brought from the boat on to she towing path at about 3.30, and I charged him with stealing my money. My brother was with me when I made the bet, alto several friends. At Greenwich, when I first went on board, my brother introduced me to a man named Baxter, and he was on board with me the whole time.
Cross-examined. The motor-boat towed the small boat, to outside the Barnes Police Station, but the police would not take him into custody then. When I first called out to the motor-boat a sergeant came on board to make inquiries, bat I could not get to him because I was hustled by about 20 men; they endeavoured to throw me over-board, and in the struggle to present them doing to I lost the two tickets which were in my hand. Alter that the police took the small boat down to Barnes. It is true that I said at the police court that prisoner got into the boat, and was rowed three-quarters of a mile up he river and that I got on shore and kept bam in tight, but I was not not asked the full particulars; that was alter the motor-boat Vet it go. I explained about the motor-boat. I did not jet into another small boat and row after him, and did not they to a Mr. Hayes, who was in hit boat, I want 18t. off you. Ton have 'welshed' me on the steamer 'Viscount.'" When I made the been with primer he was standing on a teat; he had a braes plate with "Williams" upon it, under a light mackintosh he was wearing. Among other men collecting tickets for the journey there was a man named McClean, a friend of mine, who collected mine. If he and three other stewards say they never saw prisoner on the boat at all, it could not shake my belief that I saw him. I was only with my brother and my cousin's brother. I know McDowell, but I was not associating with him that day, and it would not make any difference if he said that the man I made the bet with bud a tear down hit face. I first saw prisoner at about 2.30; I do not know when he got on to the boat; if he was at Mortlake at 2.40 he cou'd not have been on the boat. I did not first charge him with stealing £7 10s. from me; that was a mistake for £6 10s. made by the officer. After the police court proceedings I was not anxious to settle the case up, and a friend of mine did not saw to prisoner in my presence, "We do not want to go on with this. Let us settle 14 out of court, The prosecutor may get three months for perjury, for he knows he is wrong."
prisoner, who was a stranger to me. I first saw prisoner about 3.35, between the Putney bridges; he was making bets, and wore a light, mackintosh and a nickel plate with "Williams, of Lambeth," on it, My brother won his bets, and he went to get paid, when about 12 men got held of him. Prisoner was getting into a small boat at the side These men threatened to throw my brother overboard. They knocked his hat into the river and took his tickets from him. A police motor-boat came to the side and we hailed it. They went after the skiff and tried to overtake but they could not do so. The police were rather dubious after we made a complaint, and they did not pursue the skiff We proceeded along the rever with the motor-boat alongside. I am not exactly clear whether they proceeded alongside of us, because they were threatening to throw me overboard, but I am clear that the motor-boat did not go after the skiff. I did not go on shore at all.
Cross-examined. I do not think my brother is right in saying that he dropped the tickets; I saw them actually taken from him. I am not quite clear whether the motor-boat towed the skiff to Barnes Police. Station; I correct my evidence as regards that. I do not know Stephenson, or Gordon, or Thompson. I know Ladbury and McClean; they were on board. McDowell came on board at Greenwich with me and my brother. I did not notice any soar on the face of the msn my brother made the bet with. McDowell was with me when I myself made a bet with prisoner.
Re-examined. Owing to my being hustled I could not see what happened very well after my brother went to get his money, but I am sure that prisoner is the man with whom my brother made the beta.
Police-constable JOSEPH PLIMMER, 632 V. At 3.30 p.m. on October 14 I was on the towing-path at Mortlake, when in consequence of receiving certain information, I kept observation on a rowing-boat containing four men, one of whom was prisoner. It came to a barge, and two of the men boarded the barge. I boarded it myself, and shonted I was a police officer and wanted to speak to them. They jumped into the boat. Somebody in the boat shouted, "Push off; they are 'tecs." and prisoner pushed off. The boat went down the stream towards Kew. Later I saw them all again on the towing-path, the other side of the winning-post at Mortalke, coming from the direction of Barnes. I told prisoner I was a police officer and had received certain information that he had "welshed" various sums of money from a steamer, and that he would be arrested; I did not mention the steamer's name. He said, "I have not been on the" Viscount, The prosecutor then came up, and said prisoner was the man who had "welshed" him. I took prisoner into custody. When charged he made no reply. I found upon him 12s. silver, 3d. bronze, and a knife.
Cross-examined. There were a good many boats about that Prisoner could hear what I shouted. I lost sight of the boat after they pushed off from the barge; the next place I saw prisoner was 400 yards farther along on the towing-path. I made a note of what he said about half an hour after he said it; I did not take a note of what I said
to him. I did not myself know the name of the boat when arresting him I found no brass label on him.
Re-examined. It was about 3.15 when I saw them at the barge.
CHARLES BAXTER . On October 14 I was on board the "Viscount" following a sculling match. I was standing just behind Charles and Henry Gobbett; I know Charles. Prisoner was standing on a seat just behind me, shouting the odds. I did not see he. Gobbett make a bet. Just as the steamer was rounding at the finish of the race I heard somebody shout, "Hullo, he is over." I looked round and saw somebody leaving the launch and getting into a skiff; I am sure it was prisoner. There was a hue and cry for the police. About 20 men threatened to throw the Gobbetts overboard if they called for the police. Prisoner had a badge with "Williams, of Lambeth," upon it; he was wearing brown boots and a blue melton overcoat. I pointed him out to Detective Miller at 11.30 on October 25 at Waterloo Station as the man I had seen leaving the launch; he was in a train going to Sandown Park Races.
Cross-examined. I did not attend at the police court on October 15 or 23. I knew from the first that Gobbett had been "welshed," but I did sot fear till (he 24th that anybody had been charged wish it. Prisoner was a stranger to me on the 14th and I did not see him again till the 25th. It would be wrong to say that he was wearing a light mackintosh on the 14th.
Police-constable PLIMMER, who was recalled at Mr. St. John Hutchinson's request, stated that prisoner, when he arrested him, was wearing a buff mackintosh and brown boots.
CHARLES HENEY SEABROOK , bookmaker's assistant, in the employ of Mr. Clinch, of Clinch and Wilson, 28, Hogarth Buildings, Vauxhall Bridge Road. I am a man of excelent character. On October 14 I went with a man named Hayes to Putney, arriving there at 1.30. A Mr. Winter asked un to go for a row to see the race. The three of us rowed in a skiff to the "Bell," Hammersmith Bridge, where we had a drink. We then rowed to Barnes; this was about 2.20. I saw Inspector Bullivant, whom I know by sight, on a police launch, with three more constables, and I saluted him. We went as far is Mortlake and stopped at the winning-post, waiting for the race; this was shout 3.15. We were in mid-at re am, and the race was coming down, and Ballivant told us to get near the shore. We saw the race finish, and then rowed to the "Viscount." A man named Broadbent, whom I knew well, got off from there into our boat. He is not a bookmaker; he had a' dark suit on. We stopped on the water to see the next race. Gobbett got off the "Viscount" into a skiff, came along side of us, and pointing to Hayes said, "I want 18s. off of you—what you "welshed" me for on that "Viscount." Hayes is agreengrocer. Hayes said, "You are mad." That was the first time—I had ever seen the prosecutor; there were three others in the boat. They
rowed towards Barnes. We stopped to see the race. At Mortlaks we went ashore, and as we were going into "The Ship" to have a drink prosecutor gave me into custody; he accused the four of us. I replied, "I have not been on the 'Viscount' "; I knew the name of the boat, having seen it when we went up to it. I was never on it. I have never made a book. I was first charged with stealing £7 10s. I told prosecutor he was making a mistake when he charged me After the remand hearing, outside the court, prosecutor came and said to me, "We do not want to go on with this case; let us settle it." A friend of mine said, "You are a lot of blackmailers. You will gets three months for perjury next week." I have a number of witnesses here, including Inspector Bullivant. (To the Court.) I had these witnesses at the police court, but' they were not called, because the magistrates stopped my solicitor when he proposed calling them and said they had made up their minds to send me for trial.
Cross-examined. When there is not a race which my employers do not attend I get a day off; I had a day off on October 14. They had no representative on the river making bets. I went to see the race. Broad bent on the "Viscount" shouted to us that he wanted to come home with us; he shouted, "Jack! Jack! (which is Hayes), Curly! Curly! (which is my nickname) come over here." I waved my hand and we went to the steamer and he got in. I did not know he was there before he did this. Another man, a stranger, also tried; to get into our boat, but as soon as the police launch came up he jumped back; this was about 3.20; there was no row going on on the steamer. Several people got off the steamer into small boats. Broadbent suggested going to have a drink, but we stopped to see the next race. I was wearing a light mackintosh, and a handkerchief round my neck, and brown boots. We did not ask Broad bent why he had got into our boat. We did not go to the side of a barge and two of the men did not jump out. I did not see police-constable Plimmer and I did not push off. We were alongside the barge, but no one got off. I did not give evidence at the police court because I did not get the chance.
Inspector BULLIVANT, Thames Division. It is my duty to dear the course for races at regattas. About 2.20 p.m. on October 14 I saw prisoner on the course in a skiff with two other men; he saluted me; he was a stranger to me. At 2.40 I saw him on the course again, off Barnes Council Dock, and I ordered him to take his boat in shore; they were roving about the river, waiting for the second race to come up. I was at the police court on October 23, but I was not called. Prisoner could not have been on the "Viscount" at 2.40. He asked me to give evidence for him after October 15.
Cross-examined. There was not a particularly large crowd of boats on the river. It is a custom on the river to salute the police, and a good many saluted me on this occasion. I was in a motor-launch, which was going pretty quickly. I had a good look at prisoner, because he was close to me. I am sure I have not made a mistake as to
his identity because I saw him twice. (To the Court.) I did not notice particularly how he was dressed.
Police-constable GEORGE GBEEBT, Thames Division, who was in the motor-launch with last witness, corroborated.
JAMES BROADBENT . I boarded the "Viscount" at Putney. I know prisoner well. There was a lot of betting going on with bookmakers on board. Prisoner was not an board. Nearly at the finish of the race I saw him between Barnes and Mortlake, in a little boat, with about three others, one of whom was Mr. Hayes, whom I know personally. I shouted to them that I wanted to see the result of the second race with them—the "Viscount" was going back. I got into their boat. As I was doing so another man jumped in, but got back again. We were rowing about a little time, when I saw Henry Gobbett jump into a boat. He rowed up to us. He said to Hayes, "I want 18s. from you." Hayes said, "You are mad." We waited for the finish of the second race and then we went ashore to have a drink. Prosecutor came up with two officers and gave prisoner in charge for stealing 18s. I was wearing a brown mackintosh and a light jacket.
Cross-examined. Sometimes I make a book, but I was not doing so on this occasion. Prisoner was wrong when he said I was wearing a dark coat.
On Mr. Hutchinson stating that he had about eight more witnesses to call, four of whom were stewards on the boat, who would say that prisoner was not there, the Recorder invited the jury to express their opinion upon the case.
Verdict, Not guilty.
No evidence being offered on the second indictment, the jury returned a verdict of Not guilty.