Vol. CLVIII.] [Part 940
CENTRAL CRIMINAL COURT
HELD JAN. 7TH, 1913, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE
[Published by Annual Subscription.]
GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED, 10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, January 7th, 1913, and following days.
Before the Right Hon. Sir DAVID BURNETT , Knight, LORD MAYOR of the said City of London; the Hon. Sir CHARLES JOHN ✗ARLING, one of the Justices of His Majesty's High Court; Sir JOSEPH AVORY , Bart.; Sir JOHN POUND , Bart.; Sir GEORGE WYATT TRUSCOTT , Bart.; Sir CHARLES JOHNSTON , Knight; Sir GEORGE JOSEPH WOODMAN , Knight; and Lieut.-Col. JOHN HUMPHERY , 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
BURNETT, MAYOR. THIRD SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, January 7.)
Sentence: Nine weeks and one day's imprisonment, to date from November 5, 1912.
HALL, Edward (24, labourer), and CORNISH, William (32, labourer) , both breaking and entering the warehouse of the Standard Life Assurance Company and stealing therein divers large quantities of ✗ead, their property, fixed to the said warehouse.
Mr. A.J. Connor prosecuted.
MICHAEL BURNS , carman to Edward Lloyd and Co., Castle Wharf, Upper Thames Street. On the afternoon of November 22, about three o'clock, I took my horse and van into the yard. Another carman said to me, "Look after your trolley," and I spoke to our foreman. I noticed the two prisoners hanging about outside the wharf. I went away with a load and returned about five. I again saw prisoners ✗hanging about. Cornish had a barrow with some sacks on it.
Cross-examined by Hall. I was 25 or 30 yards away from you. At the station, when you were put up for identification, I failed to pick you out.
Cross-examined by Cornish. It is not the fact that somebody pointed you out to me.
Police-constable ARTHUR HUNT, City. On this afternoon I received information from Living. Having obtained assistance and had the place surrounded, I entered and searched the warehouse with Police-constable Rawlings. Eventually we heard noises on the roof. On gaining access to the roof we saw Hall standing by a quantity of lead
which had been ripped off and was ready for removal. When I spoke to Hall he said, "All right, governor; my mate is along there on the right." On leaving the house I found Cornish detained by Police-constable Philby, whom I had left to watch the exit. On being takes to the station and charged they made no reply.
Police-constable ALFRED RAWLINGS corroborated, and added: While waiting to be charged Cornish said, "It is hard luck; I was outside with a barrow." After the identification by Burns and Living, Cornish said, "My luck is right out; he did not see me go in."
Police-sergeant WILLIAM HERRING proved that entrance had been effected by forcing a padlock to a side door of the warehouse. On the roof he found a jemmy (produced), also some sacks corresponding to sacks found in the barrow outside.
Detective JOHN PHILBY. I had been set to watch the barrow which had been left outside unattended to. Cornish came up and I asked him if that was his barrow, and he said it was. I told him I should take him to the station.
EDWARD HALL (prisoner, not on oath) said that he was walking along Thames Street and saw the door of the warehouse open. He went in, with no intention of stealing. As he was going upstairs he heard the police, and thinking he might get into trouble he went on to the roof, where he was caught.
Each prisoner confessed to a previous conviction, and other convictions were proved.
Sentences: Hall, Fifteen months' hard labour; Cornish Twenty months' hard labour.
WARD, George (28, postman), pleaded guilty of stealing two postal packets and the contents thereof, the property of His Majesty's Postmaster-General, he being an officer of the Post Office (two indictments).
Mr. Forster Boulton prosecuted.
Prisoner, who had hitherto borne an excellent character, and whose downfall was attributed to drink, was sentenced to Eight months' hard labour upon each indictment, to run concurrently.
GREENSTOCK, Ernest William (22, postal clerk), pleaded guilty of stealing a postal packet and the sum of £2 10s., the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted.
Sentence: Eight months' hard labour.
Mr. Forster Boulton prosecuted.
Sentence: Nine months' hard labour.
PURKISS, Dorothy (26, clerk), pleaded guilty of forging and uttering, knowing the same to be forged, a receipt for £20, with intent to defraud; forging and uttering, knowing the same to be forged, a warrant and order for the payment of £20, with intent to defraud; forging and uttering, knowing the same to be forged, a request for the payment of 13s. 6d., with intent to defraud; forging and uttering, knowing the same to be forged, a security for the payment of money, with intent to defraud.
Mr. Forster Boulton prosecuted; Mr. Bellamy appeared for prisoner.
Prisoner had admitted a number of frauds, some of which had placed her fellow-postal servants under suspicion, and in one case led to the dismissal of an innocent man.
Sentence: Nine months' hard labour upon each indictment, to run concurrently. It appearing that prisoner had in her passession when arrested £35, £12 10s., of which she admitted to be proceeds of the forgeries, his Lordship directed the latter sum to be handed to the Postmaster-General by way of compensation.
Chandler stated that there had been no immoral relations previously to going through the form of marriage, and that prisoner represented himself to her as a widower.
Sentence: Twelve months' hard labour.
Nash stated that prisoner described himself as a bachelor. There had been immoral relations, and a child was born three months after the bigamous marriage.
Sentence: Three months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 7.)
BRYANT, Horace William (34, warehouseman), BARNETT, Louis (21, labourer), and REDGRAVE, John (32, carpenter) , all stealing four gross of hooks and other articles, the goods of Millard Brothers, Limited, the masters of Bryant, and all feloniously receiving the same.
Bryant and Redgrave pleaded guilty.
Mr. Metcalfe prosecuted.
for a man named Brown in the same yard as our works are situated Barnett I have seen assisting Redgrave. I gave Bryant into custody on a charge of stealing some spoons belonging to my firm. I was then shown by the police a quantity of articles (produced) worth about £4, which I identified as our property. There was also one of our wholesale catalogues.
HORACE WILLIAM BRYANT (prisoner). In the early part of last summer Redgrave introduced Barnett to me in the yard in which we were employed. In September Barnett handed me a list of goods, which he asked me to sell to him. I refused. He knew where I was employed. I have destroyed that list, and do not remember what it contained. In the early part of November he handed me three lists of goods (produced), and asked me to get those for him. I sold him three gross of dresser hooks, three pair of roller skates, three dozen copper bits heavy, two dozen spoons, 12 gross of fret-saw blades, which are some of the goods marked on the lists. I stole those goods from my employers, Millard Brothers, and passed them through a window into Barnett's hands, who was standing in the yard. The fret-saws I gave him in the street. He gave me 4s. 6d. for those. He generally gave me half of what he received by selling them. I also gave him stolen goods on two or three other occasions, which he asked for verbally. I was arrested on November 29. (To the Court.) I had been dealing with Redgrave before this. Redgrave was discharged from his employment, and Barnett asked me if I could get those things for him the same as I had done the other man. He said that in the street about the end of September. The very first stolen goods I handed to him were two dozen spoons, for which I received 2s. or 2s. 6d.
Detective ROBERT SUDBURY, City. On November 29, at 6.20 p.m., I saw Barnett standing outside Aldgate Station. I said to him, "I believe your name is Barnett?" He said, "Yes." I said, "We are police officers, and are making inquiries about some property which a man named Bryant alleged you received from him to-day." He said, "I do not know anything at all about the property, and I never received any." I said, "You will have to accompany me to Bishops-gate Street Police Station for further inquiries." He said, "I may as well tell you the truth; I received some spoons to-day, and I have other property at my lodgings." I conveyed him to Bishopsgate Street Police Station. He informed me his lodgings were 46, Crispin Street East, which is close to Spitalfields Market. I found in a furnished bedroom which he had at that address a large number of articles (produced), which Mr. Millard identified as being their property. I also found Millard's wholesale catalogue there.
To Barnett. You might have found the catalogue on a rubbish heap in the yard.
Detective-sergeant HUBERT SMITH corroborated. At Bishopsgate Police Station I read to prisoner a statement made by Bryant. He said, "I have the spoons there at my address; to tell you the truth, he asked me to have the goods."
Prisoner's statement before the Magistrate: "I reserve my defence and call no witnesses."
Verdict (Barnett), Guilty.
The police stated all the prisoners were of very good character. Bryant, who occupied a good position in Millard Brothers, received 18s. a week, out of which he supported a widowed mother.
Sentence: Bryant and Redgrave, Six months' hard labour; Barnett, Four months' hard labour.
HOLDEN, Henry Vincent (company promoter), obtaining by false pretences from Arthur White Gibbs £87 13s. and from Gerald Brooke £250, in each case with intent to defraud, and having been entrusted with certain property, to wit, the several sums of £95 and £250 for certain purposes unlawfully did convert part of the said sum of £95, to wit, £87 13s. and the said sum of £250 to his own use and benefit, and being an undischarged bankrupt unlawfully obtaining credit from Gerald Brooke to an amount exceeding £20 without informing him that he was an undischarged bankrupt.
Prisoner pleaded guilty of unlawfully obtaining credit from Brooke. (January 8). Sentence: Two days' imprisonment, and ordered to pay the taxed costs of the prosecution.
BEFORE MR. JUSTICE DARLING.
(Wednesday, January 8.)
Mr. D.J. Lewis prosecuted; Mr. Warburton defended.
The Grand Jury had ignored a Bill for manslaughter and the prosecution now offered no evidence on the inquisition. The death of Trevatt arose from a fall in the course of a fight between him and prisoner, in which Trevatt was the aggressor, and on the evidence there had been nothing unfair on prisoner's part.
Verdict, Not guilty.
Mr. Muir. Mr. Whiteley and Mr. Adrian Clark prosecuted; Mr. Cassels defended.
Sir EDWARD RICHARD HENRY. I am Chief Commissioner of Police for the Metropolis. The Public Carriage Department is under my control; correspondence with reference to that, as to all other departments, is sent in my name, but ordinary routine matters do not come under my direct suprvision. I identify the two letters (Exhibit 10
and 12) as received from the prisoner. On the evening of November 27 I was driving in my motor-car home to my residence, 29, Camden House Court. On arriving there, as I was going up the steps, prisoner accosted me, saying, "Are you Sir Edward Henry, Commissioner of Police?" I said, "Yes, what do you want?" He said, "I want five minutes' talk with you." I said, "Then you must come to my office to-morrow." I opened the door with my latch-key, and just as I got into the hall prisoner again said, "I want to have five minutes' talk with you," and he was trying to thrust his way in. I said, "Yes cannot see me now." Then there were two loud explosions; I realised that I had been shot, and pressed the door to. On undressing I found a bullet in my underclothes, near my right groin; there were two bullet holes in the coat I was wearing.
Dr. ARCHIBALD R. H. BLAND, 33, Rosary Gardens, South Kensington, said that on examining Sir Edward Henry he found a bullet wound on the left side, just above the hip, and another in the right groin. These two wounds were caused by one bullet, the first being the point of entrance and the second the point of exit.
Police-sergeant ARTHUR SQUIRES, Public Carriage Office, Scotland Yard. I saw prisoner fill in Exhibit 8, application form for a motordriver's license. Letters (Exhibit 10 and 12) are in the same handwriting.
ARTHUR BASSON , superintendent, Public Carriage Office. The rule with regard to drivers' licenses is that applicants must produce satisfactory evidence of good conduct and sobriety during the past three years. Last year prisoner applied for a license. It appearing that quite recently he had been fined for being drunk his application was refused. Subsequently the two letters (Exhibits 10 and 12) were sent to Sir Edward Henry.
FREDERICK RIVERS , licensee of the "Latimer Arms," Shepherd's Bush. Prisoner was employed by me from July to November, 1912, as barman. I have seen in his possession the revolver produced (Exhibit 1) He left me on November 8.
Cross-examined. Prisoner was a quiet man while with me; he was inclined to be morose and brooding.
GEORGE EDWARD PILLING , tram driver. I knew prisoner as barman at the "Latimer Arms." Four or five weeks before he left there he tild me that he had applied to Scotland Yard for a license, but did not get it because he had once been charged with being drunk. I advised him to let matters stop over for six months and then apply again. He said, "If I don't get it I shall shoot Sir Edward Henry; you will see my name in the papers then, perhaps." I said to him, "It is no good dong that; you won't get a licese at all then; he has got under officers to do that for him."
Cross-examined. Prisoner struck me as rather a peculiar sort of man; he had a funny laugh; we all thought him a little bit touched at times.
EDWARD PERCY RAYWORTH , footman to Sir Edward Henry. Between 3 and 4 p.m. on November 27 I saw prisoner at the front door of Campden House Court. He asked if Sir Edward Henry was at home. I said, "No," and told him Sir Edward would be home about seven. Prisoner said, "Very good, I will call again."
FREDERICK WINDSOR , porter at Campden Court Mansions, opposite Campden House Court. On November 27, about 5.54 p.m., I saw prisoner walking up and down the street. About 6.40 I saw him walking towards Sir Edward Henry's door. Sir Edward's car drove up, and then I heard two shots. I ran towards the house and found prisoner being detained by the chauffeur. Prisoner had a revolver in his right hand. He said, "Let me go; that man has done me an injury." He said this three times.
Police-constable ALBERT ENGLISH, 273 A. I act as chauffeur to Sir Edward Henry. On November 27 I drove him home, arriving there about 6.45. When Sir Edward walked up the steps of the house I heard him say, "I cannot see you now, you must come to the office." Prisoner said, "Take that," and fired the revolver three times. I seized prisoner. He said, "Let me go; he has done me an injury." With the assistance of Windsor I detained prisoner and took from him the revolver produced.
Police-constable HARRY CLARK, 296 F. On this evening I was on duty in Church Street, Kensington, when I heard a police whistle. I went to Campden House Court and saw prisoner detained there. I took him to the station. We found on him 14 ball cartridges; these fit Exhibit 1.
Police-constable SIDNEY SHEPHERD, 459 F. I assisted Clark to take prisoner to the station. On the way he said, "I am sorry I missed him; he has done me a great injustice; he would not listen to me."
Divisional-inspector HERBERT SAUNDERS. I saw prisoner detained at the station, and told him he would be charged with attempting to murder Sir Edward Henry; he made no reply. In reply to the formal charge he said, "All right." That evening I went to the address prisoner had given, 32, Graham Road, Acton, and there found the box of cartridges produced. I found no gun license.
Mrs. LIZZIE BROOKER, prisoner's sister. My father, who is now dead, was a great drunkard and a very violent man. I have seen him turn the dinner-table over two or three times. My grandfather on father's side was also a great drunkard, and more violent than father. My grandmother used to have fits. I have heard of suicides in the family, but do not remember any. Prisoner is my younger brother, and lived with me for some time. He was very morose and had strange outbreaks. He suffers with his head.
Cross-examined. Prisoner worked at different places as a porter, and went from one to the other with good characters. In 1905 he entered the Army; he was invalided out with rheumatic fever, and has been very bad with his heart. At home we know that he was
applying for a license to drive a motor; we thought he was fit to drive. He was never put under restraint.
Mrs. NELLIE MOXLEY, another sister of prisoner, said that he was always very quiet and eccentric. At one time he said he heard voices urging him to do something dreadful. Witness confirmed her sister as to the drunken habits of her father and grandfather.
SIDNEY REGINALD DYER , senior medical officer, Brixton Prison. Prisoner has been under my observation since November 28. I have had several prolonged conversations with him; I have studied his state of mind. I have read the depositions in this case, and heard the evidence to-day. In my opinion prisoner is sane in the sense of knowing the nature and quality of his acts, and knowing whether they are right or wrong. In my opinion he was sane at the time of shooting Sir Edward Henry.
Cross-examined. Undoubtedly prisoner has derived benefit from the calm of prison life and the absence of alcoholic stimulants. He told me that he recollected nothing at all of this affair; he said he had had nine pints of ale on that day. I have considered the family history; I adhere to my opinion as to his sanity.
Inspector SAUNDERS, recalled. When I saw prisoner about 7.15 on November 27 there was no sign of drink about him; he fully understood the questions I put to him.
Sir Edward Henry made a strong appeal to his Lordship to pass the most lenient sentence possible.
Sentence: Fifteen years' penal servitude.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Clarke Hall appeared for prisoner.
The offence and the facts in this case were similar to those in R. v. Edwards heard in this court in September, 1911 (see Vol. CLV., 510). Benson signed the necessary declarations in respect of two Jews, although he only knew them as casual customers. On the faith of these declarations passports were issued, and the two men were shortly afterwards arrested at Stuttgart on the charge of "procuring" an English girl.
On behalf of the prisoner it was urged that he had not appreciated the purport and importance of the declarations he was signing, and that the men in applying to him had used the name of a patient well known to him and upon whom he could rely. Prisoner had borne an irreproachable character.
Prisoner was fined £25 in respect of each offence (£50 in all).
BEFORE THE RECORDER.
(Wednesday, January 8.)
SUMNERS, Rose (23, servant) , stealing one watch and other articles, the goods of Mary Clay; stealing three rings and other articles, the goods of Ernest William Baker; forging and uttering, knowing the same to be forged, a request for the payment of £10 and a receipt for the same, in each case with intent to defraud; obtaining by false pretences from His Majesty's Postmaster-General £10, with intent to defraud.
Prisoner pleaded guilty of forgery and uttering, larceny, and receiving goods of Clay, and larceny only goods of Baker.
Sentence was postponed till next Sessions in order that prisoner might have an opportunity of giving information to the police with regard to a man now in custody as a deserter from the Army.
Prisoner confessed to a previous conviction, and four others were proved.
The Recorder, at prisoner's request, took into consideration in passing sentence a warrant issued against the prisoner from Coventry for a bicycle theft.
Sentence: Twenty-two months' hard labour.
HARRIS, Nathaniel (55, canvasser), pleaded guilty of, having received certain property, to wit, the several sums of 1s., 2s., 2s., 2s., 2s. 6d., 7s., 2s., 1s. and 2s. 6d., for and on account of certain other persons and being entrusted with the said several sums for certain purposes, unlawfully fraudulently converting the same to his own use and benefit.
Prisoner was stated to be of very good character.
The Recorder, stating that he believed the prisoner stole the money because he was not earning sufficient to keep himself in reasonable comfort, sentenced him to Three months' imprisonment, second division.
HALL, Harold (22, soldier), pleaded guilty of forging and uttering, knowing the same to be forged, an authority and request for the payment of money, in each case with intent to defraud; stealing one Post Office Savings Bank book, the goods of George Evans, and feloniously receiving the same.
Prisoner was given a good character.
Sentence postponed till next Sessions.
Prisoner pleaded guilty to the second indictment. He confessed to having been convicted on January 4, 1912, at the South-Western Police Court, receiving three months' hard labour, for obtaining money by false pretences. Five other convictions were proved, including nine and 15 months' hard labour, and three years' penal servitude, for obtaining money by false pretences. Prisoner had served with the 6th Dragoon Guards in South Africa, and was in receipt of 9d. a day would pension.
Sentence: Twelve months' hard labour.
BILLINGHURST, May (35), and MICHELL, Grace (20) , both unlawfully placing in a certain Post Office letter box situate at Aberdeen Terrace, Blackheath, a certain deleterious fluid, and thereby injuring the said letter-box and contents.
Mr. Forster Boulton prosecuted.
ERNEST EDWARD BAMFORD , Lewisham, clerk. On December 17, 1912, at 8.25 p.m., with Blake I was on Blackheath; I saw the two prisoners with a third lady. Billinghurst was on a tricycle. Michell placed something in the aperture of a pillar-box in Aberdeen Terrace. I then saw some black fluid coming from the bottom of the box. Michell then returned to Billinghurst, and they, with the third lady, went on to Blackheath. I and Blake followed them till we came to a police station, when I spoke to an officer, who arrested the two prisoners. Michell said, "I did not do it."
Police-constable ALBERT HARLAND, 79 RR. On December 17, at 8.50 p.m., Bamford spoke to me. I said to the two prisoners, "I am going to take you both into custody for putting some black stuff into a pillar-box at Aberdeen Terrace." Mitchell said, "I did not do it; the other one did." Billinghurst, who was on a tricycle, said, "All right." I took them to Aberdeen Terrace, where I saw black fluid oozing from the bottom of the pillar-box. Peacock opened the box and took out a rubber tube (produced) and a number of postcards and letters covered with black fluid. I assisted Billinghurst from her tricycle; I found in it a leather bag containing six rubber tubes. She said, "Be careful with it, I do not think it will burn you. I did not make it myself." Prisoners were then charged with wilfully damaging some postcards, the property of the Postmaster-General. Neither made any reply.
ALFRED PEACOCK , head postman, Blackheath Post Office. On December 17, at 9 p.m., I went to the pillar-box in Aberdeen Terrace and opened it in the presence of the prisoners and the constable. Black fluid was running from the door; several postcards were obliterated, and the box was smothered with black fluid. I took out also the tube (produced) containing fluid, similar to those found in the bag. The box was cleared at 8.20 p.m.
Police-constable JOHN COOTS, 193 R, corroborated.
Verdict (both), Guilty.
(Wednesday, January 9.) Sentences: Billinghurst, Eight months' imprisonment, first-division; Mitchell, who was stated to be in bad health and to have been acting under the influence of Billinghurst, was released on her own recognizances in £50, with one surety in £50, to come up for judgment if called upon, and to keep the peace for twelve months.
GAY, Louisa (24, school teacher) , unlawfully placing in a Post Office letter-box situate at Tanners Hill, Deptford, a certain deleterious fluid, and thereby injuring the said letter-box and its contents.
Mr. Forster Boulton prosecuted.
ALBERT VICTOR BRIDGE , 26, Black Hart Street, Deptford, porter. On December 17, at about 9 p.m., I saw prisoner, who was then a stranger to me, place a white packet in the Post Office letter-box at Tanners Hill, Deptford, and walk quickly away. I went up to the letter-box, and noticed a black fluid issuing from the bottom. I spoke to a constable, who told prisoner he would arrest her for pouring something into two letter-boxes. Prisoner said, "I have nothing on me." At the same time she dropped a white packet on the ground, which the constable picked up.
Cross-examined by prisoner. I was not out of employment at the time. I was five yards away from the letter-box. I did not see you pour anything into the box. You only posted the white packet; I did not see you post an ordinary envelope. I did not examine the box before you came. I could not say whether the liquid was in the box before or not. I do not remember a policeman at the police station saying to me, "You are all right for the reward." I did not know there was a reward offered by the Postmaster-General for anybody giving information which would lead to the conviction of persons committing these offences. I have not received a reward, nor applied for one, nor have I been given to understand that I shall receive one.
Police-constable THOMAS HAMLIN, 292 R. On December 17, at about 9 p.m., I was in High Street, Deptford, when Bridge made a communication to me, in consequence of which I said to prisoner, "I beg your pardon, but I want to speak to you." Bridge then said, "Constable, I have seen this woman put something into two letter-boxes, one at Tanners Hill and one at High Street." I said to prisoner, "You hear what this young man says; I must take you to the police station. Prisoner said, "I have got nothing at all on me; I went to the letter-box to post a letter to a Mrs. Edwards." Prisoner put her hand behind her ad ropped the white packet (produced) on to the pavement. I picked it up and said to her, "What is this?" She made no reply. I found it to be an unsealed envelope addressed to "the Rev. J. Jones, St. Michaels, Cardiff," and containing an uncorked bottle of black dye. I conveyed her to the police station. When charged she said, "Where is Tanners Hill? I do not know where Tanners Hill is."
To prisoner. When I stopped you, you did not say, "Why are you arresting me?"
JAMES HENRY CULLIN , postman, New Cross Post Office, Deptford. On December 17, at 9.15 p.m., I examined the letter-box on Tanners Hill, and found in it the unsealed envelope containing an uncorked bottle of dye (produced), the contents of which had run out and
damaged some of the other letters (produced). Some of the dye had oozed out of the bottom of the letter-box. The unsealed envelope was addressed to "Redmond, House of Commons."
MARGARET ELLEN EDSALL , Bramley Cottage, Purley, Surrey, at occupation. The other night I went with a friend to Tanners Hill It is a badly lighted, squalid street. The nearest lampposts to thipillar-box are seven and 12 yards away. I stood at the corner of St. John's and Tanners Hill at a spot which I have found by measurement to be five yards from the pillar-box, and watched my friend post a letter. I could see absolutely nothing but the movements of her shoulder. The aperture of the box slants upwards; I do not consider that prisoner could possibly have poured a fluid into the box, considering the aperture. I found that anybody standing five yards from the box could not possibly see anybody else pouring anything into the box. It would also be impossible to see a black liquid oozing from the bottom of the box because the base of the box is black.
Prisoner (not on oath) submitted that the case was not proved against her.
(Thursday, January 9.) Sentence: Eight months' imprisonment, first division.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 8.)
Mr. E. Duke prosecuted.
Prisoner confessed to a previous conviction, and others were proved.
Sentence: Twenty months' hard labour.
Mr. A. Bryan prosecuted.
ALBERT BEALE , van guard, in the employ of Pickford's, carriers. On December 18, about 2.30 p.m., I was with my van in Bread Street. There was another van with a van guard; I was talking to him. I was at my horse's head. The other van guard happened to stoop down, and saw prisoner's legs between the van. I ran out into the middle of the road and saw prisoner's hand over the tail-board taking two parcels from the other carman's van. I saw no other man there Prisoner walked away. I ran after him. He had one parcel under his arm and one in his hand. I stopped him at the corner of Bread
Street and Cannon Street. I jumped on his back and put my arms round his neck. He said, "Are these yours?" I said, "Yes." He dropped the parcels and ran away. I took them back to the van. About five minutes afterwards I saw him in a policeman's hands.
GEORGE WILLIAM MILLEY , carman to Pickford's. I am carman of the van from which the goods were stolen. I was in the packing-room when my boy called me. I rushed upstairs and saw a lot of people running through Cannon Street. I followed quickly. When I got to Distaff Lane I saw prisoner being held by two men. I then rushed back to my van to see whether my other parcels were right. When the constable came back with prisoner I told him I was the carman of the van the parcels were taken from. We took the parcels to Cloak Lane Police Station, where they were opened. The value of the goods is £2 7s.
WILLIAM BROWN , clerk, Kennington House, Deptford. On December 18, about 2.30 p.m., I saw a crowd running in Distaff Lane. They were calling "Stop him." I closed with prisoner. We had a bit of a struggle. We fell together. I split my head open. I next saw prisoner at Cloak Lane Police Station.
Police-constable JAMES SALTER. On December 18 I was at the corner of Bread Street and Cannon Street. I heard the cry of "Stop him." I saw prisoner running towards St. Paul's Cathedral. He darted into Distaff Lane, where I arrested him. He said, All right, I will go now." I took him back to Bread Street, where I saw witness Milley, who told me what had happened. I took prisoner to the station, where he was charged. In answer to the charge he said, "A man gave them to me in Bread Street."
Prisoner offered no evidence. He confessed to a previous conviction, and others were proved.
Sentence: Fifteen months' imprisonment under the Borstal system.
Keogh pleaded guilty.
Mr. H. Warburton prosecuted; Mr. Honour defended.
CHARLES WADDINGHAM , carman, Great Northern Railway. On November 23, at 11.50 a.m., I delivered a bundle of 101 meat bags to the River Plate Fresh Meat Company, Commercial Wharf, Old Swan Lane. I put them inside on the bank. I got a receipt. I saw prisoner King there. I thought he was connected with the wharf. I saw Keogh go in and take the bags. King came up All Hallows Lane with a barrow. After Keogh went in and got the bags I saw both prisoners going along with the barrow. After Keogh brought out the bags they dragged them along the ground as far as All Hallows Lane and then put them on the barrow. I could not say which of them put them on the barrow. I went to get the police officer, who came back with me. I next saw King pulling the barrow and Keogh sitting on it just coming out of All Hallows Lane. The police officer went up and stopped them. I did not hear anything said between prisoners and the officer. I was told to go to Cloak Lane Police Station.
Police-constable GEORGE HALLIDAY, 232 A. I was in Upper Thames Street at 11.50 a.m. on November 23. King was pulling a barrow, as which Keogh was sitting. The barrow contained a sack containing 101 meat bags. In consequence of a communication made to me by witness Waddingham I stopped prisoners, and asked Keogh when he was employed. He said, "The River Plate." I said, "You must come back to the River Plate so that I can ascertain whether you were authorised to remove these sacks." Keogh said, "It is all right, old man; you have got me." King said, "I had nothing to do with it, I am working for him," pointing to Keogh.
JAMES LOCK , butcher, River Plate Fresh Meat Company, Limited. I have seen the 101 bags. They belong to our company. Neither of the prisoners had any right to be on the premises or to take the bags King was not working for us. Keogh has done casual work.
WILLIAM KING (prisoner, on oath). I was standing in All Hallows Lane with a man named Edward Cook, waiting for casual work in the Union Cold Storage. It would be about 12 o'clock. I remember seeing Keogh when he came round with a barrow with some sacks as it into All Hallows Lane. I only know him by sight. We have never worked together. I did not have any conversation with him, but as he was going away he asked me if I was going home. I said, "Yes, I have been waiting long enough for work." He said he was going towards the market. I said, "Jump on the barrow, and I will give you a ride." I did not know the goods were stolen. The constable asked Keogh where he got them from. He told him "The River Plate Fresh Meat Company." The constable asked what I had to do with it. I said, "Nothing, I was just giving him a ride on the barrow." Keogh told the constable I had nothing whatever to do with it. I had 29s. 8 1/2 d. on me when arrested. I had been working all the week.
Cross-examined. I have been casually employed for 2 1/2 years by the Union Cold Storage. I was working there the week previous to my arrest for three days. On Saturday, November 23, I was waiting there about two hours. I think the barrow belongs to a greengrocer. I offered to give him a lift in his barrow because he was going towards the Meat Market and I was going home. My way home ✗s through the Meat Market. I live at King's Cross. I do not live✗ at Newington Butts. I go there some times. I was not there the week previous to my arrest.
Verdict (King), Not guilty.
Keogh confessed to a previous conviction, and others were proved.
Sentence: Keogh, Six months' hard labour.
Mr. Headdon prosecuted.
the south end in consequence of instructions. About 1.30 p.m. I saw prisoner start going up from the third to the fourth floor. When he was half way somebody on the third floor opened their office door, which caused prisoner to stop. When the office door was closed and all was quiet prisoner continued to go up to the fourth floor. His stopping aroused my suspicions. I saw him put his two hands out and lean over the balustrade and take the lamp (Exhibit 1) out of the socket. I then rang the lift bell to fetch my fellow porter to bar the way. I then went up to the fourth floor by the private staircase to call the house steward, to whom I made a statement. We all came downstairs. We found prisoner coming down from the fourth floor. I asked him where the lamp was. He said he had not got ✗. I said, "Yes, you have; I saw you take it." He was carrying a box at the time in brown paper. I put my hands down at the side of his overcost pockets, and in so doing I broke the lamp in his pocket. The police were then sent for by the house steward. Prisoner put his hand in his pocket and pulled out these pieces of lamp, saying, "I do not know anything about these," and threw them on the floor. It was an Osram lamp. He said he had nothing in the box. There was some soft paper in it. He chucked the paper out, saying, "There is nothing in the box."
Cross-examined by prisoner. You asked me to show you where the lamp was gone from. I pointed it out on the fourth floor. There were lamps on all the sockets except this one. I am certain that is the lamp you put in your pocket.
CHARLES CROZIER , house steward, Consolidated Properties Company, Temple Chambers. Five or six weeks prior to December 12 I gave instructions to Page with reference to watching lamps, in particular with reference to this lamp, as it was always going. On December 12 I was having lunch about 1.30 when Page came up and made a statement. We all went round on to the third floor and waited till prisoner came down from the fourth floor. I asked him what he was doing taking our lamps. He said, "I know nothing about lamps." Page said, "Yes you have, it is in this pocket, and he wiped his hand down his coat and the globe broke in his pocket. Prisoner had a parcel in his hand. I asked him to open it, which he did. He said there was nothing in it. Then he asked me to let him go as he had got to get back to work. I said no, I should give him in charge, I had been waiting a long time for him. Then he asked if he could speak to me confidentially. I said no. Then he said, "You are not going to charge me for this?" I said, "Yes, I am." At the floor of the stairs he pulled a lamp out of his pocket and threw it on the floor, saying, "I know nothing about it." Then the policeman came and I gave him in charge.
To prisoner. The offices of "The Electrical Engineer" are on that floor. I saw the lamp was gone when it was on the ground.
FRANCIS WILLIAM WOOD , solicitor's clerk, 110 Temple Chambers. About 1.30 on December 12 I was on the fourth floor with last witness. Page came running along the corridor and made a statement to Mr. Crozier. We went down to the third floor. I saw Crozier and Page
stop prisoner, who said, "I will open the parcel." It contained a wooden box. He put his hand in and turned over some paper, and said, "There is nothing here." He tried to push his way past ✗ Mr. Crozier said a lamp had been stolen. Prisoner said, "Where from?" and Mr. Crozier pointed and said, "Up there." We all proceeded to the staircase leading to the fourth floor. Prisoner pointed to a bracket at the foot of the staircase, and said, "From there?" Mr. Crozier said, "No, from up there," pointing to the top of the staircase on the fourth floor. Prisoner then put his hand in his left-hand overcoat pocket, pulled out something, and said, "I do not know anything about this; I don't want it," and threw it down on the floor. It was pieces of an electric lamp.
Sergeant HENRY WARD, 26 B. I was called to Temple Chambers on December 12 last. Before I arrested prisoner I directed Crozier and Page to look on the floor. Crozier picked up the top of an electric lamp and handed it to me. I then took prisoner into custody. When searched at the station in his left-hand overcoat pocket, which was turned out on to a sheet of newspaper, there were some fragments of glass from an electrical globe. Prisoner made no reply to the charge of stealing.
ALFRED SEARES (prisoner, on oath). On the morning in question I went to this block of buildings as I wished to find the offices of the "Electrical Engineer." I wished to see this paper in reference to as advertisement. I was looking for the door of the office. I reached the top of the building, as I thought, without finding them. I descended again, had another search, and made inquiries what floor it was on. Just as I reached the third floor Page and Crozier sprang out on me and said, "You have been stealing our lamps." I said, "Excuse me, you have made a mistake." He put his hand in my left-hand pocket, made three or four violent blows, and smashed it. I had a lamp in my right hand-pocket also. Both lamps were faulty lamps I had taken from a job. They asked me what I was doing with their lamps. I said, "I know nothing about your lamps, I must get back to my work." I certainly put my hand in my pocket when I heard the smash and threw out the pieces. I was in a temper about it. I asked him to show me where they were gone from. He went to the end of the corridor and pointed up to a pendant. I said, "Why, the lamp is in it." I think the policeman then came up, and I was given into custody. I said the lamps I had in my pocket were faulty lamps I had taken off a job at Hughes and Starns, dressmakers, in South Moulton Street. The lamp in my box was a good lamp.
Cross-examined. When Crozier asked me to open the box I said there was nothing belonging to them there. I did not say there was nothing there. I am not going to call Hughes and Starns to give evidence. I could not get them here. The police officer found the remnants of one lamp in my overcoat pocket. The other lamp I transferred to my hip-pocket from my right-hand overcoat pocket. I did
not know but what Page was going to smash the other one. I did that while descending from the corridor after I was arrested. I asked the constable to bear that in mind when they said one lamp was gone. That was on the way to the station.
Prisoner confessed to a previous conviction, and others were proved.
Sentence: Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 8.)
APPLETON, Thomas Isaac Sleigh, otherwise Montgomery Ward (35, journalist) , unlawfully obtaining from David Bucknell valuable securities, to wit, bankers' drafts for £20, £45, and £35, in each case by false pretences and with intent to defraud.
Mr. Frampton and Mr. Montague Shearman prosecuted.
DAVID BUCKNELL , railway agent foreman, Teignmouth, Devon. In March last year I received by post a paper called "The Investors' Record," and my attention was attracted by an advertisement stating that the amounts required were £10 and upwards, and promising to pay 100 per cent. I wrote a letter to the secretary, and on March 21 received a reply with enclosures, recommending the investment, and guaranteeing 100 per cent. I believed the dividend to be guaranteed or I should not have wasted my money. On March 23 I sent a cheque for £20 for 20 shares, and it was made payable to Montgomery Ward. In further correspondence it was represented that there were only 45 more shares left, and on March 29 I sent a cheque for £45. I was told I should get a dividend on April 1, and on April 8 I received a cheque for £3 5s. as divided. Enclosed was a copy of the issue of "The Investor's Record" for April 1, and I noticed that the same advertisement appeared that first attracted my attention. Therefore I wrote a letter on April 8, in which I said, "I thought I bought all you had left when you told me you had 45 shares only left?" In reply I received a letter, dated April 10, containing this paragraph: "With reference to the advertisement still appearing, I had told the printers to delete this, but at the last minute a gentleman who had applied for 50 shares could not complete, and therefore I placed the advertisement in again. I had thought of offering them to you, and if you are disposed to take any please wire me, as I have had a number of applications for details yesterday, and to-day can easily sell them." Believing that, I wrote a letter on April 12, offering to take another 35 shares to make an even hundred. I got a wire from defendant the next day and then a letter dated April 13. When I received the letter I sent a cheque for £35. Afterwards I received an allotment letter of 100 shares in this company. "The Investor's Record" was supposed to be a weekly journal, and I received six or seven copies. I wrote letters on April 19 and April 27, inquiring the cause of my not receiving copies of the journal. I received a cheque for £5 in a letter
dated May 1, and it was not met at first. I wrote on May 4, expressing surprise at the cheque not having been met, and again on May 11, complaining that I had not received a copy of the journal. I represented the cheque on May 11. On May 15 I received a letter from the defendant promising to send the journal regularly. I again wrote on May 22. Before that date (I think it was on May 20) I went up to London and saw Defendant at Devonshire House. The office was a very poor one, and I was quite surprised. I asked him to sell the shares for me, and he promised me that I should have a list of shareholders that evening or the next morning, and he said he would have no difficulty in selling the shares. He has not sold any of the shares, and I have not had a list of any shareholders in the company. I said to him, "I suppose I am almost as big a shareholder as you have got," and, after thinking a moment, he replied, "You are the largest." I asked. "Do you consider you can pay this dividend you promised?" His answer was, "Oh, yes, quite easily, and then get 2,000 per cent for myself." I did not receive any dividend on June 1, and I wrote a letter on June 6. I received a five-pound note by registered post on June 16. I have received no dividend since. When I invested the money I thought the paper was firmly established, and I did not know the defendant was an undischarged bankrupt. From what defendans told me I believed he was going to close a contract with the Prudential Insurance Company.
Cross-examined by prisoner. I believe I had a memorandum stating that the capital of the company was £500. I understood from your letters that you guaranteed the amount of dividend which you proposed to pay; otherwise I certainly should not have sent on any money. I am the holder of shares in a number of companies, and I have had some unfortunate speculations. I found it necessary is one other case to institute criminal proceedings. I admit that I was a subscriber for a short time to a journal named "Rubber and Oil." and I saw they were making some strong remarks about you. I do not know that that journal is paying a part of the costs of this prosecution. I wrote to Mr. Wilson about the matter, and I was introduced to him by "Rubber and Oil." I swear that "Rubber and Oil" did not undertake to pay any portion of the costs of the prosecution. I understand the City Solicitor is paying the expenses.
Re-examined. When I came up to apply for a summons against the defendant I asked the solicitor whether I should be expected to pay the expenses, and he said, "I do not think you need trouble about that."
ALFRED KINSMAN , clerk in the Joint Stock Companies' Department Somerset House. The Investor's Record, Limited, was registered on April 3 of last year, and the subscribers to the memorandum of articles are Montgomery Ward, Devonshire Buildings, Devonshire Square, E.C., and Paul Long. The capital was £500, divided into 450 Preference shares of £1 each and 50 Founder shares. The Founder shares were agreed to be taken by Montgomery Ward, and 25 Preference shares by Paul Long. There is no other shareholder appearing on the memorandum. The governing director was to be
Montgomery Ward, with the rights of appointing all additional directors, and there were to be no less than one nor more than three directors.
To prisoner. The company was properly registered, and, as it has not been wound up; it is a company still existing with a legal entity.
GEORGE ENGLISH BOYLE , messenger in the Senior Register Department in the London Bankruptcy Court, proved the bankruptcy of Thomas Sleigh Appleton on May 30, 1906, and said he had not applied for his discharge.
Prisoner. I will admit that I am an undischarged bankrupt.
FREDERICK PENNELLS , printer, 120, Bradbrook Road Hastings. After an interview with prisoner in February last I printed as issue of "The Investor's Record" on March 4. I printed four issues altogether, the last one being issued on April 15. I also received the copy for another issue, which was never issued. The account has not been discharged.
To prisoner. My account came to £73 8s. 6d., and I received £20 and, in addition, a cheque which was dishonoured. On my visit to you I saw certain orders from insurance companies for copy, and I know I was printing for the Investor's Record, Limited. Under the circumstances the fact of your being an undischarged bankrupt would not have made any difference. I was prepared to go on with the printing if the company had not been served with a writ for libel. I think if you had not touched the rubber and oil business the paper would have got through all right. I do not think you had any intention to defraud me.
JOSEPH MURRELL , housekeeper at Broad Street House, stated that in March of last year the name of "The Investor's Record" was on the door of No. 9 room amongst others, and the tenant was W. H. Coreoran. Defendant was frequently there at that time. They left about the end of March.
Prisoner. I was using an accommodation address, and paid £2.
NORMAN GEORGE BEST , of Jones, Laing and Co., estate agents, 3, King Street, Cheapside. We manage Devonshire Buildings, Devonshire Square, for the leaseholders, and we let offices to prisoner from March 25, 1912, at £40 per annum, payable quarterly. The first quarter's rent was not paid.
To prisoner. It is not within my knowledge that you left furniture there to meet the rent.
LUTHER ROBERT MERTON , clerk in the Minories Branch of the London and South-Western Bank. Prisoner, in the name of Montgomery Ward, opened an account on March 30, 1912, with a deposit of £50; it was closed on May 8. The total amount paid in was £112 10s. 1d. Two cheques signed by Mr. Bucknell were paid in.
HUBERT HOWARD CORY TURNER , manager of Advertising Department Prudential Assurance Company. We inserted our balance-sheet in "The Investor's Record" at a cost of, I think, £5. I have no knowledge of prisoner being about to close an important advance contract with us.
THOMAS ISAAC SLEIGH APPLETON (prisoner, on oath). I put in a rough cash-book, a copy of No. 1 of "The Investor's Record," dated February 9, 1912, and certain orders received between March 8 and March 15. From the inception of the small syndicate I received altogether £239 10s. 10d. I received £170 of that on account of shares, £25 8s. 4d. for copies sold, £38 for advertisements, £5 2s. 6d. in subscriptions, and £3 for reprints of the paper. I wrote an article upon a certain organisation that I then thought was a good organisation, the National Mutual Investment Corporation. They suggested to me that I should bring out the paper in a better form, with a cover, and they also suggested that we might be able materially to assist them if we gave them special prominence in the pages of our journal. I undertook to do that, the condition being that we should have from them altogether in a year £350 for advertisements. In addition, they agreed to purchase all the shares I could not dispose of. They paid me £25 deposit on account of the shares on February 26. The only further amounts I have had from them were £10 on account of their advertising and £8 6s. 8d. for a thousand copies. I received between March 8 and 18 orders from organisations of repute to the total of £41 10s. The National Mutual failed to keep the arrangement. When I told Bucknell I had only certain shares left I had the assurance of a firm that they would take the whole of the remaining shares. We were attacked because we took a certain line of action by a paper called "Rubber and Oil," and we replied to their attack. The result was that writs for libel were issued against us. Pennells refused to continue to print the paper because he thought he would be incurring pains and penalties. I did not feel justified in incurring another debt to another printer in view of the then position of the paper. In our issue of April 7 I published my photograph. Until May I had never seen Bucknell, and if I had intended to swindle him it is hardly conceivable that I should go to the expense of having my photograph printed and sending him one without being asked.
Cross-examined. The shares besides those of Bucknell were ten for Mr. John Hudson, of Custom House, Newry, Ireland, ten for Mr. J. R. Jones, of Brynmaer, Wales, 25 for Mr. Paul Long, and the £25 paid as a deposit by the National Mutual. After the registration all I got from the public, apart from Bucknell, was £20, but I had the guarantee of the National Mutual. My object was to get outside shareholders as I did not desire to fall entirely into the hands of the National Mutual. The arrangement with that corporation was not in writing. The National Mutual is a non-existing organisation at the present moment. There is no one we can go to and make inquiries. I interests. The third cheque from Bucknell for £35 went into my interests. The third cheque from Bucknell for £25 went into my private account, as did the second cheque for £45. A petty cash account was opened in the name of the company at the London and Colonial Bank. I admit opening the account with £2 and afterwards paying in only another £5. I overdrew the account to the
extent of £1 12s. I wished Bucknell to believe the statements I made to him; I believe them myself. A guaranteed 100 per cent. investment means that he would receive 100 per cent. on his Preference shares before anything could be paid by way of dividend on the Founder shares. My shares were to be issued to me as fully-paid, and Bucknell subscribed on that understanding. I may have been wrong in paying dividends out of capital, but dividends were paid monthly to all the shareholders.
Detective ARTHUR THORPE, City Police. I have known the defendant for about 12 years. He was sentenced to six months' imprisonment at the North London Sessions on October 19, 1899, on a charge of fraud. Since that time he has been responsible for a number of companies which he has promoted, and which have all failed and let in the public for considerable sums. The only other conviction was for drunkenness. He was arrested and tried before the Leeds magistrates on a charge of conspiracy, but was discharged.
Prisoner. In this case I had no fraudulent intention.
Sentence: Eight months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Thursday, January 9.)
Mr. Bodkin and Mr. Percival Clarke prosecuted; Mr. Hutchinson defended, at the request of the Court.
HARRIET HICKS , monthly nurse. I attended prisoner in her first confinement two and half years ago. She was again confined on November 18, and I then attended her till November 29. She got over this confinement quite well; she appeared cheerful and happy, and was a fond mother. I saw her on November 31; she complained of being weak. I was called to another case, and Mrs. Kemp took my place. Prisoner's first child is alive and well; prisoner brought him up, and was always kind to him.
Mrs. ALICE KEMP, nurse. I first attended prisoner on December 2; her condition was then normal. On the 6th she was very worried and depressed, and complained of loss of milk, not being able to feed her baby. At 10.30 that night I saw her for the last time; she was in bed with the baby; the other child was in a cot at the bedside. Prisoner always seemed an affectionate and fond mother. From my experience as a nurse if a woman loses her milk after confinement it often has an effect on the mind.
WILLIAM STRONG-IN-TH'ARM , 183, New King's Road, Fulham. I let the first floor of my house to prisoner and her husband, who is a taxi-cab driver; they were thoroughly respectable people. Prisoner was a kind and affectionate mother to her little boy. About 5.30 on the morning of December 7 heard the cry of a baby. I came down
about half-past seven, and I saw a light in the kitchen, which was unusual. I again heard the baby cry. About eight o'clock prisoner's husband called out. I went downstairs and saw prisoner on the landing in a dressing-gown; there was blood on her hands, and her arms were stretched out. I said, "What has she done?" Mr. Browning said, "Come and look." I went into the kitchen and saw the baby on the floor; near it there was lying the knife (Exhibit 2).
Dr. JOHN WALKHAM, 2, Wandsworth Bridge Road. I attended prisoner in her confinement on November 18 and until the 27th. On December 7, which was about 10 days after I had last seen her, I was sent for to 183, New King's Road. I found her then suffering from puerperal insanity; that is a form frequently accompanying the stoppage of milk, and infanticide is one of the characteristics. The child had had its throat cut and was dead.
Cross-examined. I think she would not know what she was doing when she committed this act.
Dr. FORWOOD, medical officer, Holloway Prison. I have had prisoner under observation since December 7. My conclusion is that at the time of committing this act she was not responsible for her actions.
Verdict, Guilty, but insane at the time of commission of the offence.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. George Elliott, K.C., and Mr. G. W. H. Jones defended.
The offence in this case was similar to that in R. v. Edwards (vol. clv., 510) and R. v. Benson (present volume, page 206).
HUBERT STANLEY MARTIN , in charge of the Passport Department, Foreign Office. Under the regulations of Notaries Public are one of the classes of persons who are empowered to make recommendatory declarations on applications for passports. Exhibit 1 is an application form in the name of Joseph Yeowell, dated July 28, 1909, with a recommendation by a doctor. Exhibit 2 is the passport issued upon that application. Exhibits 3 and 4 are an application and passport in the same name, dated January 24, 1910. Exhibit 5 is another application dated June 11, 1910; the passport issued upon this has not been returned to us. On June 27, 1912, a passport was issued in the name of Yeowell (Exhibit 7). The recommendation for this was signed by the prisoner. On August 21 we received a telegram from the British Consul at St. Petersburg, stating that this passport had been lost. I telephoned to prisoner to inquire into the matter. He said he did not recollect the circumstances, but would make inquiries. Later he telephoned and said, "I have found an entry in my diary showing that a man called Yeowell called here; it is our practice when applicants are not personally known to us to have them identified. I will try and find the clerk who dealt with the matter. I think perhaps Yeowell came from a firm called Ec-Ko, Limited." I said, "It is not a question of identification; the declaration you signed declared your personal knowledge of the person you recommended." He made no reply to
this, but said he would communicate with Ec-Ko, Limited. An hour later he telephoned that the Ec-Ko people knew nothing about it. I said, "Then you really know nothing about it." He said, "I am afraid not."
Cross-examined. Petriekovsky (who had used the passport Exhibit 7) was not in Russia, as far as I know, for the purposes of the white slave traffic.
JOHN JAMES TREND , clerk in the Registry of the Home Office. On November 26, 1909, an application for a naturalisation certificate was received from a man giving the name of Joseph Frederick Petriekovsky, of 111, Downes Road, Clapton, a subject of the Russian Empire. The declaration in support was signed by Joseph Yeowell. The certificate was not granted and no further application has been made.
JOSEPH YEOWELL , 17, Hayworth Road, Clapton. Three or four years ago I became acquainted with Joseph Petriekovsky. He was married and had children. He was then in law water financially. He stayed with me for a month and got employment with Messrs. Barrett, where I worked. He was known as Mr. Petrie, and travelled for Barrett's in Russia. When he left Barrett's he went to Anderson's. For him I filled up the certificates Nos. 1, 3, and 5. In 1909 I signed the necessary document in support of the application that Petriekovsky should be naturalised. After living with me for some time I allowed him to use my name, and he passed as Joseph Yeowell; I trusted him. I knew his wife; I think she was an Englishwoman. She lived at my house after June last, so she could not have gone to Russia.
Cross-examined. So far as I know, Petriekovsky had always borne a good character. I agreed that he should use my name.
WILLIAM GREEN , manager to D. Anderson and Son, Limited, Old Ford. In July a man called Joseph Yeowell was in our employment. He left to travel for us in Russia, and we had communications from him from Russia. The last witness is not the Joseph Yeowell we know.
Police-constable FREDERICK HEDGES. On August 21 I made inquiries at 39, Thornbury Road, Clapton. A family named Yeowell was living there. I saw a person purporting to be Mrs. Yeowell, a dark, Jewish woman. In October I went to 17, Hayworth Road, Clapton, and there saw Mrs. Yeowell, who was not the woman I had seen at 39, Thornbury Road.
Police-sergeant WALTER HAMBROOK proved service of the summons.
Sir THOMAS BOOR CROSBY (lately Lord Mayor) said that he had known defendant for many years. Defendant's father and grandfather had been Notaries Public of the City of London since 1770, and the firm had always been of the highest repute in the City.
Verdict, " Guilty; we should like to add that the defendant showed gross carelessness, but not criminality."
Prisoner was released on his own recognisances in £50 to come up for judgment if called upon.
Mr. Bodkin and Mr. Graham-Campbell prosecuted.
JAMES WALKER , principal warder, Wandsworth prison. Prisoner was under sentence of four months' imprisonment for assaulting his wife. On October 29 I handed him a sheet of prison notepaper and an envelope (Exhibit 1 and 2). The latter now bears the address, "Mr. Fergusson, 7, Warwick Street, S.W." I collected the letters that evening and placed this with others in the chief warder's office.
HENRY COOTE , chief warder. I read the letter and as some part of it used threatening language I referred it to the Governor. On October 31 I was present with prisoner before the Governor. Prisoner, who was very defiant, said, "What's the matter with the letter; there is nothing wrong; what there is in there I shall carry out when I get out."
Cross-examined by prisoner. On September 18 I was acting as deputy governor. You asked me for permission to petition the Home Office, and I referred you to the Governor.
Captain C. W. BRETT-FARRANT, Governor, Wandsworth Prison. On October 28 permission was given to prisoner to write an "extra" letter. On October 30 I was shown Exhibit 1. I saw prisoner and told him that as his letter contained threats it would have to go to the Home Office. Prisoner's reply to me implied that he meant the threats, and he said "there was no justice."
Inspector THOMAS CASTLETON, New Scotland Yard. On December 23, when prisoner was charged as to the paragraph of the letter threatening to murder, he said, "I object to that; there is no threat to murder anybody."
For his defence, prisoner called his brother,
Prisoner made a rambling statement to the effect that he had had no intention to do anyone injury, but wrote the letter in question in order to direct public attention to certain grievances.
Verdict, Guilty. Four previous convictions were proved against prisoner for assault upon his wife.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon, Mr. Justice Darling telling prisoner that, if he molested or threatened his wife in any way, he would be brought up and sentenced, upon the present indictment, to a term of penal servitude which might run to ten years.
BEFORE THE RECORDER.
(Thursday, January 9.)
PRICE, Alfred (40, stoker) , having been convicted on indictment of a crime and a previous conviction of a crime having been proved against him within seven years immediately after the expiration of the sentence passed upon him for the last of such crimes, was guilty of an offence against the Prevention of Crimes Act, 1871, to wit, of being found in a certain public place under such circumstances as to satisfy the Court before whom he was brought that he was about to commit an offence punishable on summary conviction; being found by night having in his possession, without lawful excuse, a certain implement of house-breaking.
Prisoner pleaded guilty to the first indictment, and the second was not proceeded with.
Several convictions for similar offences were proved.
Sentence: Twelve months' hard labour.
GILBEY, Henry (32, labourer), pleaded guilty of attempting to break and enter a place of Divine worship, to wit, the Church of St. Mary, Brookfield, with intent to steal therein; breaking and entering a place of Divine worship, to wit, the Congregational Church, Kentish Town Road, and stealing therein one clock and other articles, the goods of William George Whiteman and others, and feloniously receiving the same; breaking and entering a place of Divine worship, to wit, the Congregational Church at Junction Road, and stealing therein two nightdresses and other articles, the goods of Florence Lucy Day and others, and feloniously receiving the same.
Prisoner confessed to having been convicted on February 27, 1911, at Clerkenwell Police Court, receiving six weeks' hard labour, for stealing a piece of beef. Three other previous convictions were proved for similar offences. Prisoner was stated by the police to have been working since his last release from prison in April, 1911.
Sentence: Three years' penal servitude in respect of each of the offences of church-breaking; three days' imprisonment for the attempted church-breaking; to run concurrently.
STEVENS, Edward (44, dealer) , unlawfully assaulting and resisting Frederick Ward, a peace officer in the execution of his duty, and unlawfully wounding the said Frederick Wardand assaulting him and thereby occasioning actual bodily harm to him; feloniously wounding Frederick Ward with intent to disable him, to do him some grievous bodily harm, and to resist the lawful apprehension of himself.
Prisoner pleaded guilty to the first indictment, and the second was not proceeded with.
Three previous convictions for begging were proved.
Sentence: Eighteen months' hard labour.
Prisoner was released on her own recognisances in £25, with a surety (Miss Mary Anne Williams, attached to the Lambeth Police Court) in £25, to come up for judgment if called upon.
SMITH, Walter (54, clerk), and JOHNSON, Herbert (28, cashier) , both conspiring together and with others unknown to falsify certain books and accounts belonging to their employer; Smith embezzling and stealing within six months, to wit, on November 30, 1912, the sum of £30 13s. 1d., on December 6, 1912, the sum of £7 1s. 6d., and on December 10, 1912, £2 17s., received by him for and on account of George Charles Isaac Tebbitt, his master; Smith forging and uttering, knowing the same to be forged, the endorsement on an order for the payment of £7 1s. 6d., with intent to defraud; Smith forging and uttering, knowing the same to be forged, the endorsement on an order for the payment of £30 13s. 1d., with intent to defraud; Smith, being clerk and servant to George Charles Isaac Tebbitt, unlawfully and with intent to defraud omitting and concurring in omitting certain material particulars from books and accounts belonging to his employer; Johnson embezzling and stealing within six months, to wit, on September 4, 1912, the sum of £103 9s. 5d., and on September 6, 1912, the sum of £15 3s. 3d., received by him for and on account of G. C. I. Tebbitt,, his master; Johnson on July 24, 1911, embezzling and stealing the sum of £83 1s. 6d., received by him for and on account of G. C. I. Tebbitt, his master; Johnson being clerk and servant to G. C. I. Tebbitt unlawfully with intent to defraud omitting and concurring in omitting certain material particulars from books and accounts belonging to his master.
Smith pleaded guilty to the conspiracy indictment; the other indictment against him were not proceeded with. Johnson pleaded guilty to all the indictments. Both prisoners were stated to have borne good characters.
The Recorder expressed the view that, having regard to the gravity of the offences, which had extended over five years, there should have been included an indictment for conspiracy to defraud.
Sentences: Smith, Eighteen months' hard labour; Johnson, Fifteen months' imprisonment, second division, on each indictment; to run concurrently.
HILTON, Clara Jane (65), pleaded guilty of forging and uttering, knowing the same to be forged, the acceptance of a bill of exchange for £130, with intent to defraud; forging and uttering, knowing the same to be forged, a certain deed of guarantee and covenant and a certain name writing and signature, in each case with intent to defraud; forging and uttering, knowing the same to be forged, a certain document intended to be used as evidence in a Court of Record, with intent to defraud.
On the application of Mr. Muir, for the prosecution, sentence was postponed till next Sessions in order that investigation might be made regarding other complaints made against the prisoner.
BYSOUTH, Lily (40), pleaded guilty of having been entrusted with £1 6s., the moneys of Daisy Emily Weeks, in order that she might pay and deliver the same to George Charles Jones, unlawfully did convert the same to her own use; having been entrusted with £1 6s., the moneys of Hettie Esther Weeks, in order that she might pay and deliver the same to George Charles Jones, unlawfully did convert the same to her own use.
Sentence: Three months' imprisonment, second division, in respect of each offence, to run concurrently.
BROWN, John Albert (27, labourer), pleaded guilty of having received £3 15s., for Louis Zinkin and others unlawfully did fraudulently convert the same to his own use; embezzling 7s. received by him for Simon Holtzman, his master.
Prisoner confessed to having been convicted at Old Street Police Court on June 28, 1911, being bound over for twelve months, for stealing 19s. 8d. Prisoner was subsequently arrested on a warrant and sentenced to six weeks' hard labour for breach of his recognisances.
Sentence: Twelve months' hard labour in respect of each offence, to run concurrently.
CURTIS, Frank (36, printer), pleaded guilty of breaking and entering the dwelling-house of Fredrick Smith and stealing therein one clock and other articles, his goods, and feloniously receiving the same.
Prisoner, who had served in the South African War, bore on excellent character, and had tried to get employment, but was practically starving at the time he committed the offence.
Mr. SCOTT-FRANCE, the court missionary, having promised to try to obtain employment for prisoner, sentence was postponed till next sessions.
GRANT, Walter (otherwise called Walter Smith ) (23, ship's cook), stealing one bicycle, the goods of George Wills; stealing one bicycle, the goods of Harold Batchelor, and feloniously receiving the same.
Prisoner pleaded guilty on the indictment with regard to Batchelor; the other indictment was not proceded with.
Prisoner confessed to having been convicted on June 21, 1910, at London Sessions, receiving twelve months' hard labour, for stealing and receiving a case. He was first convicted on May 18, 1900, when he was twelve years of age, of housebreaking, being sent for four years to a reformatory school. Three other convictions were proved, including four terms of three months' imprisonment, to run consecutively,
for obtaining money on false pretences, collecting rent pretending that he came from the landlord.
Sentence, Eighteen months' hard labour.
MUMMERY, Thora (19, servant), pleaded guilty of stealing one coat and other articles, the goods of Samuel Bickell, her employer, and feloniously receiving the same; stealing one coat, one hat and other articles, the goods of Moss Cohen, her employer, and feloniously reciving the same.
Sentence was postponed till next session, prisoner to remain in custody, in order that a home might be found for her.
BEFORE THE COMMON SERJEANT.
(Thursday, January 9.)
Robinson pleaded guilty.
Mr. Newman prosecuted; Mr. Curtis Bennett defended Nash; Mr. Louis Green appeared for Robinson.
FLORA CARTER . Robinson was in my service. On December 7. I went out at 9 a.m., returned at 10.45, and found the door of the flat open, one of the windows open, and a mark on the window sill as if somebody had got in through the window. I found the rooms in confusion. Some clothes, silver, a clock, and watch were missing. I afterwards saw the things at Hunter Street Police Station on December 14. I think everything was recovered except the solid silver and one skirt.
Sergeant GEORGE STEVENS, G Division. At 8.30 on December 14 I went with Detective Webb to the Chapel Street, Somers Town, a small draper's shop, where I saw Nash sitting in the shop parlour conversing with Robinson. I said to them, "We are police officers. I have called here respecting some stolen property brought by this woman (Robinson) between Saturday last and this evening." Nash said, "She has not brought any stolen property here." Robinson said, "I have never brought you anything here, have I, Mrs. Nash?" Nash replied "No." Previous to that Nash said, "She has called here to pay her club." Robinson then asked to be allowed to go to the street door, as she felt faint. She was accompanied to the door by Detective Webb, returned in a few minutes, and then said to Nash, "Show him the contents of these parcels," which were on the shelf in the shop parlour. Nash then said, "For God's sake, don't search; I will tell you the truth." I then cautioned her. She then took this bag from the shelf and said, "This is all she has brought me." It contained some of the stolen property. Robinson then said to Nash, "You had all the things from me; give them the address where the other things
are." Nash then said, "I will take this gentleman," pointing to Detective Webb, "and get them if you promise not to bring my niece into it. She did not know the things were stolen." She then left the premises and returned with Webb and this parcel (Exhibit 3) containing the articles of clothing. Robinson then said to me, "You know George Stevens, my lodger, but he did not do the job. I done the job myself. I opened a window, made some marks of a boot on the window-sill, and left the door of the flat open to make it look like a burglary. I know Mrs. Carter would not suspect me. I am sorry I did it now, because Mrs. Carter has been so good to me." This was all said in Nash's presence. I told them I should take them into custody for being concerned together in stealing and receiving the property. Nash said, "I wish I had taken my husband's advice now and not had the stuff up here." Robinson said, "You cannot blame me, Mrs. Nash." When charged they made no reply. At the station Robinson said to me, "Mrs. Nash had nothing to do with the stealing, nor the gas meter." The gas meter in the flat was also broken open.
Detective-sergeant ALFRED WEBB, E., corroborated.
MARY ANN NASH (prisoner, on oath). I live and have carried on business at 1, Chapel Street, over three years. Previous to that I lived for twelve years at Drummond Street. I have known Robinson about four years as a customer. I keep books. Mrs. Robinson came to my place about 12 noon on Saturday, December 7. She brought a bundle with her tied up in an apron. I said, "Hallo, what do you want?" She said, "You might mind this parcel for me." I said, "What is it?" She said, "Wait a minute, I will come back in a minute or two." She left the parcel and came back with that bag. I said, "What are they?" She said, "My lady that I work for is going away and I am going to mind these for her till she comes back." I always thought Robinson a perfectly respectable woman. I said, "Don't leave them here long, I am getting my Christmas stuff in, I have no room." I put the bag with some of the articles on the shelf. Anybody could see them as they stood in the shop. I never opened the bag. I rolled the parcel up inside the paper because it was in an apron all loose. Mrs. Robinson did not come for the parcel and as it was in the way I asked my niece if she would mind it for me till Mrs. Robinson came for it. It was only when the police officers came and said that they had come for stolen property that I realised the stuff must have been stolen. Robinson said, "I have never brought you anything, have I?" I told a lie for her sake. She had three little children.
MOSS DE JONG , 16 and 56 Houndsditch. I have known Mrs. Nash five years. She has laid out hundreds of pounds with me. She has been trusted with as much as £200 worth of goods. She can have anything she wants. I have never heard anything against her.
Verdict (Nash), Not guilty.
Sentence (Robinson): Nine months' hard labour.
WOOTTON, Henry (otherwise Roberts) (37, porter), stealing one box of oranges, the goods of Arthur Adams, and feloniously receiving the same; assaulting Thomas James Stutters and thereby occasioning actual bodily harm to him.
Prisoner was tried on the first indictment.
Mr. Lawless prosecuted.
ALBERT SOUNDY , employed by Messrs. Adams, Monument Buildings, brokers and warehouse keepers. I have identified the box. It was stolen in transit from ship to warehouse. It belongs to my firm. The box of oranges was in sound condition on November 26. It was stolen that day on its way to Pudding Lane. The men were waiting in the warehouse towards the evening for that one box to come up to complete the parcel. It did not reach its destination. I know prisoner. He is not employed by our firm. He is an occasional porter.
Police-constable JOHN MYLER, 196, City. On November 26, about 7 p.m., I saw prisoner in Lower Thames Street with another man. I saw them remove a box of oranges from the tail-board of a van and place it on a barrow outside Nicholson's Wharf. Just as the carman arrived they started to wheel the barrow away. The carman, Stutters, pursued them and a free fight was started. When I approached them the carman accused them of stealing the oranges from his van. I stopped the fight. The other man got away. I arrested prisoner and took him to Isaacs' sale room first. He said he bought them at Isaacs' sale room. They knew nothing about it. I then took him to the station, where he was formally charged. He said. "A man whom I do not know asked me to push him up the hill." Stutters afterwards found out that they were not missing from his van and in consequence of inquiries came and identified them as belonging to Mr. Adams.
THOMAS JAMES STUTTERS , carman, employed by Mr. Pearce, of Croydon. On November 26 I was taking a vanload of oranges and lemons from Lower Thames Street to Croydon. I left my van for a few minutes to go down to Adams' to learn how long I had got to stop before I was loaded. When I came back I saw prisoner and another man pulling a case off my van on to a barrow. My governor bought them at a sale. I pursued the two men and said, "What's up?" They said, "It's nothing to do with you." Prisoner struck at me, I dodged and hit him. Then the constable came. The constable asked me if the box of oranges belonged to me; I said I did not know, I thought it was my governor's oranges.
Cross-examined. I was not in the "Mermaid." I have not been in a public-house for two years.
Verdict, Guilty. The second indictment was not proceeded with.
Prisoner confessed to a previous conviction, and numerous others were proved.
Sentence: Twelve months' hard labour.
Sentence: Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 9.)
Mr. W. G. Litt prosecuted; Mr. C. W. Kent defended.
EDGAR REEVES , saddler in the Army Service Corps, 29, Brookhill Road, Woolwich. I live on the ground floor, Loten on the first floor, and Hunt on the floor above. About 8.30 p.m. on November 8 Mrs. Loten came in and stood at my door, her husband having just come in from work. In the meantime, my wife came in with a pint of beer for myself and a pint of shandy for Mrs. Loten. My wife went upstairs with the shandygaff. I heard a crash and my wife came downstairs, followed by Loten, and said he had flung a mug of beer at her. Loten came into my room and asked what all the b----row was about. My wife told him to clear out of the room, and he raised his hand to strike her. I stepped in between and told him he must not do that. He pulled off his jersey and said he would fight the best man in the house. Hunt came in and Loten knocked me down. Hunt then went away. My wife went out into the passage followed by Loten. I followed him and told him to keep the row in the house. He came back into the room and said he was sorry for knocking me about. He insisted upon us having a drink with him, and we shook hands. A little while afterwards Hunt came to the door and Loten was in my room. Hunt came in with a policeman. I answered the door. He said he wanted to give Loten in charge. I said, "Don't be so silly; you cannot do that; the man is all right." The policeman called to Hunt and they went away. Prisoner came back just after 10 o'clock and went upstairs. He would have reached the second flight of stairs when I heard a rush of feet coming down the stairs. I went to my door; Loten was standing on the second stair from the bottom. He was just going unconscious. He came down the other two steps and said, "I am stabbed." I put him into my room and went for the doctor and policeman. There was a lot of blood.
Cross-examined. I have known prisoner for about six years, and I should think he has been in the Army since 1902. During the years I have known him he has always been a quiet, inoffensive, and well-behaved man. In order to get to his rooms he would have to pass Loten's rooms. Loten was drunk, but he seemed to have sobered up a lot after the row. He was very quarrelsome. When he knocked me
down the women were crying, and that was when Hunt went to fetch the policeman. The knife that was used is bound to be carried when a man is in service dress. Prosecutor is a good deal bigger and heavier than Hunt. If a man were pushed over the banister-rail on the second floor I should say he would have 12 feet, or anything like that, to fall and might break his back.
Re-examined. After the row Loten was excited. He was still under the influence of drink; he was not sober. Prisoner was wearing service dress that night.
ALFRED WILLIAM LOTEN , 29, Brookhill Road, Woolwich. I was sober on November 8. I had been drinking, but not very heavily. When Mrs. Reeves brought the shandygaff upstairs I knocked it out of her hand. She went downstairs and I followed, and then we starting arguing the point. As Reeves came across the room I thought he was coming for me, and I struck at him and knocked him to the ground. I did not see Hunt before 10 o'clock, when he was going up his staircase. I asked him to come into my rooms as I wanted to speak to him. He declined to come and I went upstairs after him. I wanted to speak to him because he had fetched a policeman to give me in charge. He holloaed out and said he did not want anything to do with me and that he would see me in the morning. When I got up to him I asked him to come out in the back garden and I would teach him to fetch a policeman to me. He said nothing. The next thing I saw was Hunt coming at me. I lifted my left arm to guard myself. As I did so my wrist was cut and I felt the knife go into my breast. I had not got hold of him. Hunt ran downstairs and I down after him, and when I got to the bottom of the stairs I went into Reeves's room, and then I collapsed. I was taken to the Woolwich Infirmary and I was there for six weeks.
Cross-examined. I am not exactly right again; I still feel the pain underneath the ribs. I am a labourer and a pretty strong man. I did not throw the beer over Mrs. Reeves; I knocked it out of her hand. I did not like her fetching beer for my wife. I did not use strong language before the woman. I went to strike Reeves and not Mrs. Reeves at all. So far as I know my wife did not try to get me to bed after the row was over. I told her that I should wait up to see Hunt. I was to a certain extent angry with Hunt until I saw him to ask him that question. When he and his wife were creeping up the stairs I did not dash out and get between them. I said to Hunt, "I want to speak to you." Hunt did not say, "Mr. Loten, you had better see me in the morning." He said, "I don't want anything to do with you to-night; I will see you in the morning." I wanted him to go out into the yard and have a fight. I did not say, "I will b----well teach you to fetch the police to me." I told him I would learn him to fetch the police to me. I did not tell him that I would make a big hole in his body nor "If you don't come down I will b----well throw you over the banisters." I spoke to Hunt only once. He tried to put me off till the morning. I did not catch hold of his wrist and swing him round. I never laid hands on him at all. I did not
catch hold of him by the throat with one hand and by the trousers with the other and attempt to lift him over the banister-rails. If I had got hold of him in that position he would not have been able to turn round and stab me as he did. The women were not crying and asking me to leave him alone. I did not get him in the corner, strike him right and left, and then try to get him over the banister.
Re-examined. I admit I had been drinking, but I was not drunk. I had been drinking for weeks if it comes to that.
Cross-examined. After the row downstairs I asked my husband if he would go to bed, and he said, "No, I want to see Mr. Hunt."
The MEDICAL SUPERINTENDENT of the Woolwich Union Infirmary said that Loten was admitted suffering from a stab in the chest and a cut on his left wrist. He had bled an enormous amount and it was a decidedly dangerous wound.
Inspector ALBERT WILLIAMS, R Division. Prisoner came to the Woolwich Police Station on November 8 about 10.30 p.m. He said he had had a quarrel with a man named Loten, and I heard him say to Station-sergeant Ayres, "I pulled out my knife and stuck him in the chest." I detained him. I went to 29, Brookhill Road, and saw Loten lying on the floor unconscious. I went back to the station and said to prisoner, "We are going to charge you with attempted murder. The man has been dangerously wounded and has been taken to the infirmary." Prisoner asked, "Where was the wound?" I replied, "The doctor describes it as a wound over the region of the heart, and told me that if it had not been a blunt knife it would very likely have entered the heart and killed him. As it is, the knife may have glanced aside and not injured the heart, and the man may live." Prisoner replied, "I sincerely hope he will recover." Then he said, "Excuse me! Was the wound very deep I did not intend to do him any harm, only to stop him. I did not mean to hit him very hard." To that I said, "The doctor thinks it went very near the heart."
Cross-examined. The police at Woolwich know nothing against prisoner. I understand he has a good character.
Sergeant AYRES. When prisoner came to the station he said he wished to state his case. I asked him what it was. He said, "I have had a row with a Mr. Lowden (or Loten), a lodger. He asked me to fight and I went out, and on my return we had a struggle on the stairs. I lost control of myself, took my knife out of my pocket and stuck it in his chest to frighten him and not to hurt him." I then told prisoner he would be detained.
Detective WILLIAM MITCHENERE, R Division. About 10.35 p.m. on November 8 I was present at Woolwich Police Station. I said to the prisoner, "You are detained here for stabbing Mr. Loten, as you know, on your statement." He said "Yes." I searched him and found in his right-hand tunic pocket the knife produced. He said, "That is the knife that I stabbed him with; I don't think it is much."
Cross-examined. Prisoner bears an excellent general character, an excellent Army character, and is well liked in the regiment by everybody.
Prisoner's statement. "On the evening of November 8 I was in Reeves's quarters and there was a row because Mrs. Reeves gave some shandy ale to Mrs. Loten. Loten came out of his room, took the jug away, and threw it at Mrs. Reeves. He came downstairs after Mrs. Reeves and assaulted me and Reeves. I went for the constable 428 and fetched him to the house. Loten came after me and said, 'You are the b----I want now.' He would not come out when he saw the policeman. I went on duty, and returned about 10 p.m. My wife opened the door and said, 'Don't make a noise.' Loten had got his door open. I came upstairs as quietly as I could and on my landing Loten came up and passed between me and my wife and said, 'What about this b----policeman you fetched to-night? I will give you go for the b----police. Come on down in the back yard.' I begged of him to let me go to my room. He said, 'When I have finished with you. If you will come down into the yard I will break every bone in your body.' My wife and Loten's wife begged of him to let me alone. He said, 'If he will not go down I will fight him in his room.' I begged of him again to go downstairs. He went for me like a madman. He got hold of me by the shirt and trousers and tried to throw me over the banisters. I should have broken my neck if I had fallen. In order to save myself I twisted round and in sheer defence I unfortunately struck him with the knife, as I have already admitted. I went and gave myself up to the police. As I said before, I am very sorry for what has happened. I did not intend to hurt him, only to frighten him."
FLORENCE HUNT , wife of the prisoner. I got home just before ten o'clock on the night in question. As I was passing Loten's door he came out and asked, 'Oh! It is you, is it?" I said "Yes." He turned round and said, "I thought it was your husband." I said, "What do you want my husband for?" He told me to mind my own business and go upstairs. He went back to his room and I could see he was the worse for drink and in a terrible state. I followed him and asked him what he wanted my husband for, and he told me again to go upstairs, as it was nothing to do with me. I got a bit nervous and said, "You had better see my husband in the morning." He again told me to go upstairs and mind my own business, and I went upstairs. He also told me, "I will wait for your husband and I will see him to-night." I afterwards let my husband in and told him to go upstairs quietly. Loten's door was open and he called out, "Hunt, come down." My husband did not answer him. Loten told my husband two or three
times to come down, but he refused and never answered him. My husband did say, "I will see you in the morning," and Loten replied, "No; I will see you to-night; come down into the back yard." My husband said, "Mr. Loten, let me go to my room, please," and made the request three times. Prisoner got hold of my husband on the bend just as we were going into our rooms and said, "Come downstairs." He said, "If you don't come I will b----well throw you over." From what I could see my husband was going to be pitched over the banisters.
FREDERICK GEORGE HUNT (prisoner, on oath) repeated the statement he had made. He added: I am the son of a police officer who served twenty-six years in the Metropolitan Police. I joined the Army Service Corps in 1902 and my rank is now lance-corporal.
Verdict, Not guilty.
Mr. Clarke Hall prosecuted; Mr. Graham Mold defended.
Sentence: Six months' hard labour.
Prisoner confessed to a previous conviction for felony at the Cambridge Quarter Sessions on January 9, 1912. Several other convictions were proved.
Sentence: Twenty months' hard labour.
BROWN, Horace (31, tailor), pleaded guilty of breaking and entering the dwelling-house of Samuel Horsford Norman and stealing therein one chain and other articles, his goods, and feloniously receiving the same; stealing 10s., the moneys of Henry Melland Potts; stealing £5, the moneys of Ada Woolf.
Prisoner pleaded not guilty to the allegation that he is a habitual criminal.
THOMAS TUCKEY , warder. Prisoner was sentenced to 12 months' hard labour at Clerkenwell on March 4, 1902, in the name of Arthur Head, for stealing overcoats. At this Court of December 11, 1905, he was sentenced to five years' penal servitude in the name of Horace Burton Brown, for robbery with violence. He was discharged on license on September 11, 1909. At this Court on April 26, 1910, he was sentenced to twenty months' hard labour for house-breaking, in the name of Robert Ladleigh. At that time he was sentenced to a further term of 15 months for assaulting the police, to run concurrently. He came out of prison on July 24, 1912.
Detective-Sergeant ALBERT WARD, L Division, said that all the work that prisoner had done, as far as he could ascertain, was for about a week in September. He was bound over in 1896, and sentenced to ten
days and sent to a reformatory in 1897. He received two months' in 1900; two months' at Thames Police Court in 1901 for stealing a clock; nine months' at North London Sessions on March 4, 1902, for stealing overcoats; three months at Lambeth Police Court on November 5, 1904, as a suspected person; two months' at Birkenhead on May 12, 1905, as a suspected person; and two months' at Birmingham on August 1, 1905, for assault.
Judge Lumley Smith said he was not satisfied that the sentence to which prisoner had pleaded guilty would warrant a sentence of three years' penal servitude.
Verdict, Not guilty of being a habitual criminal.
Sentences: Two years' hard labour in respect of housebreaking and receiving; twelve months' hard labour in respect of each larceny; to run concurrently.
Prisoner confessed to a previous conviction of felony at London Sessions on October 11, 1910, and numerous other convictions were proved.
Mr. Passmore prosecuted.
Sentence: Twelve months' hard labour.
HARDY, Richard (40, dealer), BARKER, George (31, gardener), PICTON, Joseph (24, coster), and MILROSS, Walter (25, coster), pleaded guilty of stealing 14 tame fowls and one brush, the property of Frank Allen Proctor, and feloniously receiving the same. An indictment for another larceny was not proceeded with.
Hardy, Picton, and Milross each confessed to a previous conviction, and a long record of crime was proved against each. Barker had borne a good character.
Sentences: Hardy, Picton, and Milross (each), six months' hard labour; Barker was released on his own recognisances in £5 to come up for judgment if called upon.
Prisoner was given a very good character.
Sentence: Three months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Friday, January 10.)
Mr. Muir and Mr. Percival Clarke prosecuted; Mr. Cassels defended.
ANNIE CARTER , I live at 2, Coram Street, Russell Square. I let that house out in apartments. I first saw prisoner about 12 months ago. I let a room to her husband about October 4. Before that prisoner spoke to me about letting a room to her husband. She told me to keep him out of the house. He was living there with the deceased woman. I knew she was not his wife. On the night of November 30 there were a number of people in my kitchen, including coloured men and women. At 2.15 in the morning the deceased woman and Mrs. Dent went upstairs. After that I heard a shot and a scream; I heard three shots in all. On the ground floor at the back there is a bathroom, immediately above that there is a bedroom which was occupied by Mrs. Dent.
Cross-examined. There were about seven black men in the kitchen that night with two white women and one black woman; they were having a social evening. They were in the room all the time. When the shot was fired I collapsed. I saw Harry Gross go upstairs just as the shots went off. When I came to I was in Mrs. Brown's room. I do not remember much what happened then. Phillis Dent was staying at my house for the week; she was staying with a black man. Harry Gross was staying there with Jessie Tricks. I let my rooms to who I can. There was another white woman in the house, Mrs. Jones. She was living with a man as his wife. I did not inquire if they were married; they told me they were. Prisoner has brought men home to my house once or twice. Harry Gross was not living at my house then.
PHILLIS DENT . At midnight on November 30 I went home with the deceased woman; I knew her as Jessie Tricks. I went up to her room and took my clothes off. I went down into the kitchen. I did not see anybody in her room. I went up to my room, which is immediately under hers. I heard a sound like the smashing of a window and I heard her scream. I had been in my room about three minutes when I heard this. I went to go downstairs; I got on my landing and was just going upstairs when I saw a tall figure; I could not see whether it was a man or a woman; then I heard a woman say, "Stand clear"; I saw something shining in her hand. I looked round and saw Harry Gross standing behind me. I backed into my room and I heard something clicking three times. Gross went into my bedroom. He closed the door; then somebody pushed on the door from the outside. I heard someone say, "She has run down in the hall."
Cross-examined. I had been to the New Cross Empire that night with the deceased woman. Gross was performing there. I did not meet a black man named Wing, he was performing there; I had stayed with him for a week at 2, Coram Street. I was downstairs at this social evening, which started as soon as we got in the house; there were about eight or nine of us there; they were narly all coloured men; they were not gambling; there was a good deal of noise. I left the kitchen and went upstairs with Jessie; I left her in her bedroom. I do not know whether anybody went upstairs after I had come down to my room; it was dark, the lights had been turned out. I believe
Gross came from downstairs; I left him in the kitchen with the others; he was behind me when I turned round to go into my bedroom; he was on top of the stairs coming from downstairs; I did not see anybody except him. He knew who was outside and was anxious that she should not come in; he did not open the door until he was quite certain that she had gone. I am a music-hall artist.
AARON BROWN , 2, Coram Street. About 20 minutes past 2 a.m. on December 1, I went to my room on the ground floor; I had been there about five or six minutes when I heard a pistol shot and a scream; then I heard three more shots in quick succession. I started out and my wife pulled me by the arm and kept me in the room. About five minutes after I heard people rushing out at the front door; I went out into the hall and the street door was open; I looked out and saw people running towards Herman Street; I closed the door and came back again. Two constables brought prisoner to the house afterwards; she asked me to get her bag; I started up the stairs and she shouted out, "Look at the head of the bed underneath and you will find it." On the second-floor landing I saw deceased lying with a wound in the forehead, just outside her room; I felt her pulse; it was very slow. I went into the bag, looked under the head of the bed and found the hand-bag (produced); I handed it to one of the officers.
Cross-examined. I was a member of the party in the kitchen on this night. When I left the kitchen I believe Gross was still there. I was in my bedroom when I heard the shots. I did not go out immediately because my wife bade me not to. Prisoner did not say, "Will you go up and get that bag, please?" She told me to look underneath the head of the bed. I did not know deceased's room till that night. I could not say that Harry Gross was in the house all the time; I have seen him there occasionally.
EUGENE BULLAR , pugilist, 2, Coram Street. I was in the kitchen at half-past two on this morning, there were about seven or eight of us there. Harry Gross was there. After I left the kitchen I heard reports of a gun and a scream; then a short pause and another shot. I did not go upstairs immediately. I did not see anything at all; they were all rushing out in the street. I went out in the street; after I was there about two minutes I saw prisoner walk out from a doorway with a revolver in her hand; she gave it to a constable and said, "Here it is, I did it."
Cross-examined. I did not go out immediately; I joined the others in the street afterwards. I heard somebody say, "She has shot the woman; she is dead." It was after that she said "Here it is, I did it."
Police-constable CLIFFORD DORRINGTON, 454 E. At 2.35 a.m. on December 1 I was in Bernard Street. I saw prisoner turn into that street and go into the doorway of No. 46. She had a revolver in her right hand. As I seized hold of her hand she said, "Here I am; it is all right, boy. Don't let them sons of bitches murder me; they are all ponces. It was my husband I meant to do, only she looked under the bed and I thought I had better let it go." I took prisoner
to 2, Coram Street, and afterwards to Hunter Street Police Station. I handed the revolver to Inspector Grey. Prisoner said, "Yes, that is what I shot her with." Afterwards she said, "They are all ponces, and she lives with my husband. I meant to shoot her. She has ruined my life and made me go on the streets. Life is nothing to me. I begged of her not to let my husband stop there. I wanted to kill him and I meant to frighten them all, as they said they would murder me. They are sure to try and do away with my bag." In answer to the charge she said, "Yes, sir."
Cross-examined. I wrote the first part of my note at Coram Street. There was not much excitement there; it was fairly quiet. There were a lot of black men there and a lot of talking. I was told what had occurred in the house. Prisoner seemed very much concerned about the bag. She was excited.
Police-constable WILLIAM SMITH, 212 E. I saw prisoner leaving the doorway on the early morning of December 1. I heard her say, "Yes, here I am; I shot the woman; she has ruined my life." On the way back to Coram Street she said, "My husband is the cause of all this. He wanted me to go out on the streets. The men was all gambling. They are only a lot of ponces."
Cross-examined. I wrote this down when I got to the station. She may have said, "He made me go out on the streets." I am sure she said, "I shot the woman."
Police-sergeant WILLIAM REED, 32 E. I saw prisoner taken into custody. She was taken to No. 2, Coram Street, and I went with her. I went up on to the landing of the second floor. I saw deceased lying on the landing in a cramped position with her left breast resting on the third stair leading to the first floor and her forehead leaning against the staircase partition. There appeared to be feeble signs of life. I sent for the doctor and placed the body on its back. Brown handed me the bag produced and I took it to the police station. Prisoner saw it and said, "Yes that is my bag, but where are the letters and keys." The bag was examined. There was some memorandum in it, I believe. There were no keys in it. The purse produced was found in the bag with six live cartridges in it.
Cross-examined. Deceased was lying immediately outside the bedroom door, close by the staircase. The door was wide open. It was dark when I get up there, but there was a glimmer of light from the deceased's room. Prisoner was very excited when I saw her in custody, and very much concerned about the bag.
Dr. MAX HERSCHELL MONTESSO, 18, Coram Street. About 2.40 a.m. on December 1 I went to 2, Coram Street. On the second floor landing I saw the body of deceased; she was dead. There was blood upon the right breast; there was a wound over the right eyebrow. Her clothing was not disarranged. I went into the bedroom close by. I saw no signs of a struggle.
Inspector FRANK GREY, E Division. The revolver produced was handed to me at the police station by Police-constable Dorrington. I
examined it. I found five spent cartridges in it. It only holds five. It is a Webley pistol.
Detective-inspector GOUGH, E Division. At 6 a.m. on December 1 I saw prisoner at Hunter Street Police Station. I told her she would be charged with the wilful murder of a woman known as Jessie Macintosh. She said "Yes." The charge was read over to her and she made no reply. As I was examining the bag she said she wished to make a statement. I cautioned her, and she said, "I wish to make a voluntary statement. I waited outside 2, Coram Street. There were two or three men went in, and the last one that I saw go in I followed and put my hand upon the door and prevented it being closed. I went into the house and heard him (my husband) talking downstairs. I went into the bath-room." She then became a little bit emotional and did not volunteer any other statement, and I got her to sign what she had said.
Cross-examined. The two letters produced were found in the bag. They are written to Harry Gross.
FRANK CRAIG , boxer. I know prisoner. I saw her between 11 and 11.15 p.m. on November 3. She came to my place and asked me to go an errand for her; she said, "I will tell you when we get in the street." She told me she wanted me to get a gun license for her. I went with her to Charing Cross Post Office and I got the license for her (Exhibit 3). We then went to a shop where they sell revolvers and bought the revolver produced and a box of cartridges and she put them in her bag. I asked her what she wanted the revolver for, and she said she wanted it for protection.
Dr. BERNARD HENRY SPILSBURY. I made a post mortem examination of the body of deceased. Among other injuries I found a bullet wound on the outer side of the right breast, which went through the lungs and heart, fracturing a rib. In my opinion that wound was the cause of death.
Cross-examined, All the wounds were rather on the right side of the body. It is impossible to say with any certainty in what position the deceased woman was when she received them. The wound on the right side of the breast may have been caused either when she was stooping or when she was falling. I only found three bullet wounds, but there were other wounds. I do not think she could have been shot in all these places whilst under the bed. I think the wound which penetrated the lungs and heart was the first wound, because most of the blood escaped from that one.
ANNIE POKE GROSS (prisoner, on oath). I am the wife of Harry Gross; he is a member of an entertaining party. He came to this country in 1908 and left me in New York. He sent for me in 1909 and I joined him and we lived together at 28, Lyle Street, Leicester Square; we subsequently moved to Wardour Street. I first saw Jessie Macintosh in October a year ago. There was some trouble between my husband and myself; he told me he would not keep me; he had found that he
had been asleep during the 10 years he had known me; he had made a mistake and that I must go on the streets for my living, and that ✗ woman would do more for him than I could do because I was a black woman and she was not. She used to come home with him. He would not give me any money and I had to go on the streets. I gave him some of the money I got. He beat me on two occasions with a poker; I have the scars on my lips now. He left me on February 25 last year. He went to live with Macintosh in the same street, at 151. I begged of him to come back to me. I asked Macintosh to leave him as he was my husband. She seemed upset and said she would see me later. I saw her and she said, "He said he is not married to you and I will do as I like." My husband told me he had arranged for me to go back to New York and told me the purser of the boat would give me £5 and my ticket at Liverpool. I saw the purser and he told me there was no money for me, so I came back to London. I saw my husband; he told me he would get the woman to have me locked up. He said he would not help me. On August 16 the woman got me locked up, but I was discharged. I eventually got a separation order against him; he failed to pay some of the money under that order. I bought the revolver for protection as I had heard so many threats. On this night I went to the house, 2, Coram Street, to see my husband about some letters I had received. I saw Jessie Macintosh and another woman go upstairs; I saw the other woman come down again. I heard my husband say he was going upstairs to bed. I heard Phillis Dent go upstairs, and I heard her call Jessie and Jessie answered. She went upstairs and I followed her. Phillis spoke to Jessie and they went downstairs together and I went downstairs again to the bathroom. I heard my husband say, "I am going upstairs, I am finished." I went back upstairs again to the second floor. There was a light on the next landing, but not on that one. I heard my husband come upstairs. I did not go in the room; I was not in the room at all. My husband said to me, "What are you doing up here, you black bitch." I told him I wanted an explanation from him and Jessie of these letters and threats, I had my bag under my arm. He asked me what I had got in the bag and jerked it out of my hand and went into the room quickly, and I saw him stoop down by the side of the bed. He came out again and gave me several blows and he said he would do me in. I tried to get the revolver out of my bosom. He cried out, "You men come up here and kill the black bitch here"; he was then on the landing below. I fired the gun at my husband; I did not see anybody but him. I think I fired the shots all in the same direction; I was very much upset and dizzy from the blows that I got from him. I went out of the street door and ran along the street and I went into a doorway. I did not know till I heard the men talking about it that I had shot a woman. I said to the policeman, "It's all right"; I was in a very excitable condition. I did not intend to shoot this woman.
Cross-examined, I bought this revolver for protection. I loaded it the day I bought it. I knew I should find my husband at 2, Coram Street; I wanted to find the two together; I wanted an explanation of the letters. I took the revolver to Coram Street because I knew the
kind of place it was; I intended to kill my husband and myself. I do not remember saying, "Don't let them sons of bitches murder me." I did say, "They are all ponces, it is my husband I meant to do." I did not say "Only she looked under the bed and so I thought I had better let it go." I told the witness Brown to fetch my bag. I told him to look under the head of the bed because that is where I saw my husband put it. When the revolver was produced at the police court I knew the woman was dead and said, "That is the revolver." I was convicted of assaulting this woman and got a month; I did not assault her.
Police-constable PERCY ATTERSOLE, 226 E, proved plans of the material rooms at 2, Coram Street.
Mr. Cassels submitted that if prisoner, having received provocation by blows from her husband, had immediately afterwards shot her husband and killed him the offence would have been manslaughter. Arguing from that proposition, if while shooting at her husband in such circumstances she shot somebody else, that offence also would be manslaughter. Counsel stated that there appeared to be no authority upon the point.
Mr. Muir did not contest the submission, but pointed out that the statement made to-day by prisoner was quite new and was hardly consistent with her previous statements.
Mr. Justice Darling: I am of opinion that Mr. Cassels' legal contention is right. If a person feloniously fires at another in such circumstances as would make the killing of that other person murder, but by accident hits and kills a third person whom he never intended to hit at all, that is murder. That has been laid down over and over again; there is plenty of authority for it. It seems to me that, by parity of reasoning, if the firing at the person intended to be hit would be manslaughter, then, if the bullet strikes a third person who is not intended to be hit, the killing of that person equally would be manslaughter and not murder. The reason of its being possible that the killing of Jessie Macintosh here might mean something less than murder is this; that, if the husband had been killed, owing to the provocation which it is said was given by blows, I should have to tell the jury that if they believed that those blows were given and the provocation following upon them was such as to upset the ordinary balance of the prisoner's mind, the law has long allowed that such provocation as that reduces the crime from murder to manslaughter; and I should therefore say that, the provocation operating upon the mind of the prisoner and reducing the killing to manslaughter, it would equally be manslaughter whether the person who gave the provocation was killed or some other person was killed. The reason of the distinction is that the ordinary balance of mind of the accused was so upset. As is often said, the law, in leniency and in mercy, does not hold a person to the full consequences of an action committed in such circumstances. Therefore I shall tell the jury that if they believe this prisoner's story as to the blows and find that they were given by Gross in such circumstances as would have reduced the crime to manslaughter had he been killed, the crime would equally be manslaughter, not murder, though he was not killed and the woman who was accidentally hit died. It is for the jury to judge whether it was an accident.
Verdict, Guilty of manslaughter.
Sentence: Five years' penal servitude.
Mr. Cecil Whiteley prosecuted; Mr. Beaufoi Moore defended.
in the afternoon; he sells newspapers for a living; he came home about nine o'clock at night; he was drunk. Seeing he was drunk I went down to my sister's and stayed about two hours. One of the little children came in and told me he had gone to get some more beer; about 11 o'clock he came to my sister's place; I went back to my home; he followed me in and he commenced swearing. I told him if he did not cease I should hit him with the poker; he would not cease and I hit him across the shoulder with the poker; he fell down. I told my little girl to fetch my sister; she went to fetch her; I went to go towards the door and he came towards me and jerked my head back and tried to cut my throat; I held my face forward and got it on the lips. He has always been a good son; when he is in drink he does not seem responsible for his actions.
Cross-examined. When he is not in drink he is very quiet and very good. He has been in very ill-health this two years; very little drink affects him. I do not think he had any intention to murder me.
JOHN MATHEW PALMER , junior, prosecutrix's nephew. Kathleen Shea fetched me to my aunt's assistance. When I got into her room I saw prisoner with the razor up to my aunt's throat; I knocked it out of his hand and I pushed him on to the bed. Prisoner said, "I don't care, I will do it again." He was drunk.
Cross-examined. I do not think he knew what he was talking about. I could not say whether he intended to hurt his mother. He has helped to keep his mother and sister for seven years, and he has been in very bad health.
Police-constable STEPHEN BROWN, 73 H. I was called by the caretaker of Solesworth Buildings. On the way I met prosecutrix bleeding from the face. I went to 137 and saw prisoner sitting on the bed with his jacket off. I told him he would have to come with me, and he replied, "All right, guv'nor." Going down the stairs he got hold of the rails and said, "Do you want some, if you do you can have it." I told him he had better go quiet, which he did. On the way to the station he said, "I don't care if I get 20 years, that is nothing to me." He made no reply to the charge. He was drunk.
Cross-examined. I do not know anything about him.
PERCY JOHN CLARKE , Divisional Surgeon. I saw prosecutrix at the police station. Both her lips were cut right through down to the jaw and there was a cut extending on the neck for an inch and a half below the chin. I put 10 stitches in. Those wounds could have been caused by the razor (produced). I examined prisoner; he had three of his fingers cut; he had evidently been drinking.
Cross-examined. There is no permanent injury to prosecutrix of any sort. My opinion is that with regard to prisoner's mental capacity a little drink would make him mad.
Prisoner's statement: "I was drunk, and I have been told I was not responsible for my actions."
FRANK SHEA (prisoner, on oath). I am a newspaper vendor, and live with my mother and sister; for some years I have kept them. I have been in a bad condition of health; a small drop of drink affects me. The only thing I remember about this occurrence is being at the station. I thought I was locked up for drunkenness. I do not remember my mother striking me with a poker.
Cross-examined. I do not support my mother entirely; she goes out nursing; I give her nearly everything I earn; I sometimes spend a lot in drinking. On this evening I shaved myself just before I went out; I do not remember where I left the razor. I do not remember my mother objecting to the language I was using. I do not remember anything that happened at all.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
SIDNEY REGINALD DYER , Medical Officer, Brixton Prison. Prisoner has been under my observation in the prison hospital; he is in very indifferent health and suffering from chronic phthisis, the right lung being affected.
Sentence: Three years' penal servitude.
BEFORE THE RECORDER.
(Friday, January 10.)
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted.
Police-constable CHARLES WILLIAM DOW, 272 V. On November 3, at 12.15 a.m., I was with Police-constable Melbourne Bush on duty in Battersea Park Road, when I saw Jupe with two other men driving a single horse van at a fast trot in a rather reckless manner. Jupe was shouting and hitting his horse. Bush stopped the van and told Jupe he believed he was drunk, and that he must get down. Jupe got down. A large crowd collected round us, and a man struck me in the face. I took him to the station, and next day he was fined 40s. or one month's imprisonment. When I left Bush was holding the horse's head and Jupe was getting down. I saw nothing of any assault by anybody on Bush.
Cross-examined by Jupe. You were whipping the horse; you had a whip in your right hand.
JOSEPH CARTER , 5 Surrey Lane, South Battersea, rubber dealer. Shortly after midnight on November 3 I heard a police whistle from the direction of Battersea Park Road. I went there and saw Bush holding the near-side rein of a horse's head, surrounded by a large crowed. Jupe was holding the other rein. Another constable then came up and took the horse and van away, while Bush took Jupe in
custody towards High Street, Battersea. The crowd, which was very hostile towards the police, was shouting and booing. As Bush was crossing the tram lines he was tripped up by people in the crowd and fell to the ground. As he lay on the ground Jupe kicked him in the face and ran away. I went to the assistance of Bush; he was insensible. A man ran out of the crowd, jumped on Bush's ribs, and kicked him in the face. He was just running away when he was arrested by a police-constable and a man whom I now know by the name of "King." I cannot identify that man; I never saw his features. I then helped to take Bush to the police station.
To Jupe. The belly strap of the bridle was broken; it did not break when the constable fell down.
To Mott. The kicking took place 200 yards away from the horse and van.
Police-constable HENRY BOWEN, 632 V. Shortly after midnight on November 3 I heard a police whistle in Battersea Park Road, and saw Bush hustled by a crowd. He was standing by a van, which was taken away. His helmet was knocked off and he fell to the ground. A tall private man took Jupe away. I saw Mott kick Bush in the face as he lay on the ground. As Mott was making off he was arrested by Police-constable Fretter. I am sure that the man whom Fretter stopped is the same man that I saw kick Bush. I assisted with the witness Carter to take Bush to the station.
Police-constable WILLIAM FRETTER, 645 V, corroborated the last witness. I saw Mott rush from the crowd and deliberately kick Bush in the face with his right foot as he lay on the ground. Mott then ran away. I gave chase and caught him with the assistance of a private individual. I did not lose sight of him; I was close upon him. I arrested him and said I should charge him with causing grievous bodily harm to Bush. He said, "I did not do it." He was drunk and very violent. I conveyed him to the police station, where he was charged with being drunk and disorderly and using obscene language. He made no reply. When charged with assaulting Police-constable Bush he said, "No, sir, it is a 'ie; I am not going to have it."
To Mott. I, an after you eight or nine yards.
ALBERT KENGE , 197, Lechmere Road, Battersea, clerk. Soon after midnight on November 3 I saw Police-constable Bush lying on the ground surrounded by a crowd. I was pushing my way through the crowd when I saw Mott deliberately kick the constable in the face as he lay on the ground. He them ran away, but was arrested by Police-constable Fretter. I helped Fretter to take him to the station. Mott was very violent and drunk. I am sure he is the man who kicked the constable.
To Mott. You appeared to be drunk: I do not know whether you were ill or not. Nobody assaulted you or threatened to assault you on the way to the station.
Inspector JAMES ROBERTSON, V Division. On the early morning of November 3 I was in charge of Battersea Police Station when Mott was brought in by Fretter. Mott was drunk. He was charged with being drunk and disorderly and using obscene language. A few
minutes later, in consequence of further information I received, he was charged with causing grievous bodily harm to Police-constable Bush. At 12.40 a.m. Jupe was brought in by Sergeant-major Hickey Jupe said, "I have come for my horse and van." I said, "You have not come, you have been brought." In the presence of Jupe Hickey said, "I saw this man running away. I detained him and brought him here; I do not know what he has done." Bush was then brought in insensible. He partially regained consciousness, but could give no coherent account of what had happened to him. I saw him last week. He is still quite unable to give an account of it. He could walk a little with great difficulty. At the station Jupe made the following statement to me: "At about 12.20 this morning I was driving my horse and van along Battersea Park Road. I had two friends in the van at the time; I had been to Battersea with a load and was returning home. A tram bumped into the rear of my van. I pulled into the side of the road to see if any damage was done. When the tram passed me I drove after it to get the number of the driver, and I saw two policemen in front. I shouted to them to stop the tram, but they stopped my van instead. The big policeman (Bush) said my horse was lame, and when he was examining it a crowd got round and a man was locked up. There was a big row and a policeman caught hold of me. I do not know what for. At the same time the crowd started to away, and we fell. When I got up I went after my horse and van, when a gentleman told me I had better go to the police station, and I came here with him. I want you to see my horse if it is lame, as it was all right to-day. My master's name is Wallace." I then examined the horse and found it was quite free from lameness and was in good condition. Jupe was sober. I then allowed Jupe to go. In the afternoon Carter made a statement, in consequence of which I applied for a warrant, and Jupe was arrested. When searched two bottles of rum were found on Mott.
Detective-sergeant JOHN PARKER. On November 6 I saw Jupe at Peckham Police Station; I told him I was a police officer and read and explained the warrant to him, charging him with causing actual bodily harm to Bush. He replied, "I understand what you mean, but I did not do anything to him." On the way to Battersea Police Station he said: "Police-constable Bush stopped me and said my horse was lame at Battersea Park Road last Saturday night, and the crowd got round us and he got knocked down. I went to the station afterwards and they let me go. I expect I shall get a month for this, but I am innocent." When charged he made no reply.
Dr. MORRIS BEDDO BAILEY, Resident Medical Officer, Battersea Hospital. On the early morning of November 3 Bush was brought in partly conscious. He was suffering from concussion, some severe bruises on the right side of the face, shock, and injury to the abdomen. His injuries might have been caused by kicking. He was kept in bed until November 15, when he was discharged, it being understood that he would be medically attended by the Divisional Surgeon at his home.
Dr. FELIX CHARLES KEMPSTER, Divisional Surgeon. On November 15 I examined Bush at my surgery. Although he could describe his symptoms to me he could not tell how they were caused. He complained of severe pains in the head and whistling noises in his ears which prevented his sleeping. Till December 3 he had two or three epileptic fits a day; from December 3 to January 1 he suffered from fits daily, and they may now recur at any time. He is an incurable epileptic in consequence of injuries received on November 3; when he must have received a severe injury to the brain. He may become insane or die as the result of these injuries. He is wholly unfit to give evidence. The bone of the nose is broken and the abdomen shows signs of rupture.
Mott's statement before the Magistrate was read, in which he denied having kicked the constable, or being drunk, and said he was ill with the cold shivers on November 3.
(Defence of Jupe.)
WILLIAM JUPE (prisoner, on oath) repeated the statement he had made to the Inspector, and added: "Police-constable Bush said we were all drunk. The crowd were shouting and booing; I had all my work cut out to hold the horse. Police-constable Bush then caught hold of the bridle rein; the strap broke and the police-constable fell to the ground. I saw nothing more of the constable. Sergeant-major Hickey, who was in the crowd, said to me, "Come along with me, I will see to this. You are all right." I said, "I know I am all right." He said, "Come to the station." I said, "That is where I am going." I was walking when he spoke to me.
Cross-examined. Hickey said, "I have seen this; you come along with me to the station." We then walked together to the station. I was annoyed at the way Bush behaved towards me. He fell down by the van. I did not see him injured.
GEORGE BRIDGER , corroborated the last witness. I was in the van. I cannot explain how Bush came to be injured. I went to the police station. Jupe walked after his horse and van; at that time Bush was uninjured.
Cross-examined. I could not positively say that Jupe had left the crowd before Bush was injured.
Quartermaster Sergeant-major HICKEY, Army Service Corps. About 12.15 a.m. on November 3 I was in Battersea Park Road when I heard a whistle and saw Jupe struggling with Bush, surrounded by a crowd. I pushed my way through the crowd as the policeman was very much harassed. Bush was on his feet. I took Jupe to the station to give Bush a better opportunity of protecting himself. I did not see Bush kicked.
Cross-examined. I am quite sure I did not say to the Inspector at the station, "I saw this man man running away." I am perfectly
sure that when I left the crowd with Jupe Bush was on his feet; Jupe could not have gone back.
To Mott. Nobody said to me, "What do you think of this?" I do not think I replied, 'It is disgraceful." I do not remember seeing you until you were in custody.
Jupe handed in his Army discharge papers showing that he was discharged as medically unfit for further service, but with a good character.
The jury intimated that they were satisfied with regard to Jupe, and Mr. Oliver said he would not ask for a conviction.
(Defence of Mott.)
JOHN WILLIAM WEST , lighterman, 17, Belkee Street, Fulham. On the early morning of November 3 I was in Battersea Park Road when I saw a constable inspecting a horse surrounded by a crowd. I then met Mott, who is a friend of mine and a lighterman, and got talking with him. As the constable could not manage the horse, he blew his whistle and several policemen who came up to his assistance drew their truncheons. Then I saw a young lady and the constable on the ground. I then saw a constable trying to get Mott, who was backing away. Mott was then arrested and taken off, and I found out he had been taken for assault. The crowd were shouting that the policeman was drunk.
Cross-examined. I did not see anybody kick Bush. I was not with Mott all the time Bush was on the ground. Mott did not appear to be drunk.
ALFRED JAMES MOTT (prisoner, not on oath). I was not drunk on November 3, I was ill. After I was arrested I was sent to Brixton Hospital and was three weeks under the doctor, who attended to pains in my groin caused by a nasty knock I received from somebody in the crowd. I was too ill to have assaulted anybody.
Inspector JAMES ROBERTSON, recalled. (To the Court.) Before the Magistrate Mott pleaded guilty to the charge of being drunk and disorderly.
Verdict, Jupe, Not guilty; Mott Guilty, but under the influence of drink.
Mott was proved to have been convicted at the London Sessions on March 9, 1909, receiving nine months' hard labour, for assault on a police-constable, breaking two of his ribs. There were also two convictions for being drunk and disorderly.
Sentence (Mott): Fifteen months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, January 10.)
BALDOCK Herbert S. (19, clerk), BENTLEY, Harry (23, liftman), BIRCH, William Thomas (22, liftman), BLACKBURNE, Frederick (20, clerk), CARTER, William A. (19, clerk), CLEGG, Sidney T. (23, liftman), DUNN, Alfred A. (20, liftman), GUYVER, George (28, liftman), HEBDEN, Frederick George (24, liftman), LUMLEY, David (20, clerk), MIDDLETON, Arthur William (20, clerk), PARDOE, Harold (21, liftman), SMITH, Donald A. (21, clerk), TORODE, Claude (21, clerk), YOUNG, Robert (26, liftman), and SKEGGS, Christopher George (19, clerk), pleaded guilty of conspiring and agreeing together and with other persons unknown to cheat and defraud the London Electric Railway Company.
Mr. Curtis Bennett and Mr. Eustace Fulton prosecuted; Mr. E. Percival Clarke defended Blackburne, Lumley, and Smith; Mr. Walter Frampton defended the other prisoners.
Sentences: Young, Three months' hard labour; Middleton, Six weeks' imprisonment, second division; Carter, Skeggs, and Lumley one month's imprisonment, second division; Baldock, Bentley, Birch, Blackburne, Clegg, Dunn, Guyver, Hebden, Pardoe, Smith, and Torode were released each on his own recognisances in £20 to come up for judgment if called upon.
WESTOBY, Max Alexander (34, agent) ; (1) obtaining by false pretences from Edith Ann Waghorn a cheque for £50 and a telegraph money order for £35, from Louisa Bird £15 and £10, and from Kate Canham £10 and £25, in each case with intent to defraud. (2) Stealing two sheets and other articles, the goods of Robert Bird, and feloniously receiving the same. (3) Stealing one ring and a chain, the goods of Kate Canham.
Prisoner was tried on the first indictment.
Mr. Gervais Rentoul prosecuted; Mr. Dimmer defended.
GEORGE BURROWS , clerk, advertisement department "Daily Telegraph." On February 12 last I received the following advertisement, which was inserted in the "Daily Telegraph," "Required, lady or gentleman as partner, with moderate capital for ready-money business; can draw weekly; security. For full particulars address Box 9,074, Willing's, 175, Strand, W.C."
EDITH ANN WAGHORN , Garwood, Westcoombe Park, Blackheath. I am a widow. I saw the above advertisement in the "Daily Telegraph." I answered it and received a reply from prisoner. I called upon him. He asked me how much I could invest. I said £50 to £100 if there was no risk attached. I asked what security be would give. He said he would indemnify me with a cheque on his bank and also offered me a position in his office. I asked him if the business had been already started, as I would rather not risk my money in a new business. He told me it would be a flourishing business, a money-making business, and there would be no risk. My money was at that
time invested in Consols. I told him my circumstances, that I was not well-off, and the reason I was investing the money was to get a few shillings a week. I told him I had already lost a few pounds in an investment I had seen in a paper. He asked me the name of the man, but I would not give it. He asked me where it was; I said, Wolverhampton. He said, There is only one man advertises there, that is Dawson. I said, Yes, that is the man. I did not give him any money upon the occasion of that visit. Several letters passed between us. I told him I would invest the money in the Japanese Loan. He told me he could get my money back from Dawson. I said I would let the matter drop. He wrote on February 25, "I have received quite a fortune; in fact over £3,000 in subscriptions, for which I pay 100 per cent. per annum. A still larger amount is at my disposal any time I like to call it up, for which convenience I pay monthly interest on 10 per cent. per annum and 100 per cent. from the day I call the capital in, and with the capital, which is my own, I can command well over £10,000, sufficient for even the most fastidious client who puts his bets into my hands. Perhaps you would like to call upon me at my office at some later date. I should like to see you again and whatever I can do for you in any way I will. Please command me, yours faithfully, Mr. Alexander." I believed those statements and called upon him at 72a, New Oxford Street. He showed me some books, letters, and telegrams relating to his business. About a week later I called again. He asked for the securities, but I told him they were not negotiable. He asked me if I had money to invest, I said I had, but there must not be any risk attached to it. He said there would be no risk and I said I would invest £50 in his business. He offered me 7s. a week interest. I said that was very small, considering he offered £1 in the first instance. He said the high rate of interest he offered was to draw the public and he could not offer it at the time. I invested my money. I said I was satisfied and agreed to advance him £50 at 7s. per week. He drew up an agreement while I was there. I was to send him a cheque and he was to send the agreement. They were to cross in the post. I received a letter from him saying the cheque had not been received. I afterwards saw him destroy it. He wrote asking me to make another cheque out in the name of Westoby, his business name, instead of his own of Alexander. That was the first time I heard of the name of Westoby. I received the agreement on Good Friday and on Easter Monday I went to his office, taking a blank cheque form. I filled it in for £50 in the name of M. A. Westoby. It was post-dated. Two days later he wrote, "Shall be pleased to see you on Wednesday. Had a busy day to-day looking at other offices and think I have found a suitable one. No doubt you will wonder for what purpose I enclose a cheque for £35. The agent makes his inquiries to-morrow and for that purpose I should like to have as much money as possible in the bank, so, please, if you trust me, pay into my account as per enclosed cheque the sum of £35. Give your bank the address of my bankers, also if at all possible see that you can give me the Consols so that on Wednesday I can lodge them with the bank. These I shall require for a few days only. I
know that on April 26 you have to pay the last call on Japanese Loan, therefore I dated my cheque April 24, which is nine days from to-day, and for that accommodation I am willing to pay you 10s. I have put my mind on these offices, just what I want. I do not care about paying a whole year's rent in advance. The cheque for £50 I promised you I will give you when you call, also your dividend. If you will fulfil my wish please wire me early to-morrow saying you have done so," etc. Next day I sent him a telegraphic money order for £35. I got no receipt and wrote asking if he had received it. He replied, "It is not from your branch bank. I paid £36 in on Wednesday. They gave me second receipt for it. That is all. I made all the inquiries, so do not worry. Your £35 you so kindly lent me are waiting to be transferred to your account, so that will put you at ease." I did not present his cheque. He wrote asking me not to do so, saying he would pay cash. On receiving a telegram from him on April 24 saying "no need cash cheque; will give cash," I went up in the evening to 72a, New Oxford Street to receive the cash. He said he had been upset and worried, but he would send it first thing in the morning. I did not get it. Later in the day he sent £10 by telegraph asking if I could find the rest for the call money on the Japanese Loan and saying he was coming to see me about it. He came. He said he had not the money, but would send on Monday morning before 12 o'clock. He also asked me to marry him. I told him I had no intention of marrying him or anybody. I did not promise to marry him. He told me he was a single man the first time I saw him. That was at Haythorpe Street. I never received the balance of the £35. I have not received my £50 back. All I have had is one month's dividend, 30s.
Cross-examined. I have not been persuaded into taking these proceedings. I knew at the first interview I had with him that the business about to be started was a turf accountant's business. I did not know anything about it. I thought they made plenty of money. That is the reason I placed my money in it. I have seen a book of rules, but I do not know that I have looked through it. I do not know that I then knew he was a bookmaker. I have made bete. I knew his business was going to be connected with horse racing. From what he told me I did not think there was any risk. Dawson's was the first racing business I invested in. I lost £4. I do not think I was asked about that at the police-court. Prisoner told me he had made a very successful thing of the business and there was no risk in my investing money. I took his word for it. Dawson sent a pamphlet saying there was no risk. I do not know whether defendant carried on a bona-fide business. I saw telegrams relating to horse racing from clients. He employed two clerks.
(Saturday, January 11.)
EDITH ANN WAGHORN , recalled; further cross-examined. It would have made no difference to my investing money with him, whether he was married or single. I told Detective Gillard that prisoner wished to marry me. I did not think of it at the police-court. I first knew
he was a married man about the beginning of September. He did not tell me the total amount of bets that people won and lost. He told me the profits were from £24 to £28 a week. I believe that was at my second visit to the office. After by £35 was paid he told me he began to lose. I was friendly with him up to the day before I informed the police because I wanted to find out whether he had another account in the bank in another name. I told him he could not have got rid of it in the business. His room was separated from the clerk's office by a wooden partition. I could hear a conversation in his room while I was sitting in the clerk's office. I went with him to view some premises in Maddox Street, which he spoke about moving into. I do not think he told me that Mrs. Bird had opened his desk and taken letters. He told me he had not always received my letters. He never told me that Mrs. Bird had opened and burned a lot of his letters. This prosecution is not being brought out of pure spite.
ROBERT LLEWELLYN LEWIS VERE , chief clerk, London and South-Western Bank, Bloomsbury branch. Prisoner opened an account at our bank on April 9 last. He gave references and paid in a cheque for £50 drawn by Mrs. Waghorn. He said he was going to lodge some Japanese Bonds later on. The next payment in was April 17, a telegraphic money order for £35. After that date £15 15s. was paid in in six sums. We closed the account on June 7.
KATE CANHAM , Strand Palace Hotel. Towards the end of last June I was in the neighbourhood of Regent Street. My attention was attracted by a racehorse that was being led along, when prisoner spoke to me. He asked if I was interested in racing. I told him I occasionally did a little betting. He said he was a turf accountant. He asked me to go to his office. He told me his name was M. A. Westoby. He said he had several lady clients. I gave him my name and address. Three weeks or a month afterwards he wrote to me saying he had been unwell and had been to Westcliff, and asking me to call at the office. Having discussed betting I told him I was about taking a house to take in paying guests, and he told me he was about leaving his present rooms at The Hut, Haythorpe Street, Southfields. He said he would come to me as a paying guest at £2 2s. per week, and could recommend friends. He said he had a banking account, and led me to suppose he was a man of means. I asked him on one occasion if he was a single man. He said, "Yes, I have no ties whatever." This was not long after I first met him. I lent him £10. We went to Kennington Park Road to look at a house. After we had seen it I said I could not give any decided answer until I had consulted my solicitor. I came up to town by myself; he wanted to go to the auction rooms for some furniture he had bought. He asked me to wire him £10 to show that I had trust in him. I wired it to Merton Road Post Office, Southfields, in the name of M. A. Westoby. That was in September. Next day I wrote, saying I was sorry to find his financial affairs were at a low ebb. I saw him a few days afterwards. He said he had received the £10; that his affairs were not at a low ebb, and that he only wanted this money to test me, to show that I had confidence. He did not offer it me back. He said he would pay it back
when we took the house; I have not had it back. If I had known he was not single and not in a position to pay it back I should not have sent it. I told him I had a solicitor. He wrote on October 3, saying that furniture he had purchased the day before amounted to £38 9s. 6d., and my solicitor had only given me £25. I had received £25 from my solicitor a day or two previously in Bank of England notes, and I saw prisoner that day or the day after at his office. He said he wanted the money, as he had bought furniture for me. I handed him the £25, believing what he told me. On October 10 I got £60 from my solicitor. Next day I saw prisoner at the house I was about to take at Brixton. My solicitor was there. We did not really settle upon the house. My solicitor and I went back to Langley. Prisoner followed us down. He saw me at Slough, and asked me for the £60 my solicitor had given me. I gave him £55, retaining £5 for myself. The £55 was to pay for the rest of the furniture. I have not had any of the furniture. Prisoner suggested I should write to my solicitor certain letters, which he drafted. I am sorry to say I wrote them.
Cross-examined. I represented myself to prisoner as the widow of a well-known London doctor. I am not a widow. He told me he was a turf accountant. I thought he had an office where he took bets from people. The loss of this money makes a material difference to me. I do not know that staying at the Strand Palace Hotel is very expensive; I must stay somewhere. When I first met prisoner I had only thought of taking the house. I had taken no steps. It did seem strange to me that a man of means should want to borrow money. That is the reason I asked him if his financial affairs were at a low ebb. He said they were not, and he would never think of using money from any woman. He was only keeping it in trust for me. I first told him I was not a widow when we went to look at a house. I could not fix any date. When I told him the circumstances of my case I asked him not to think any worse of me; it was not my fault. I did not know defendant was married until after his arrest. I called at his office two or three times a week. I never saw Mrs. Bird to my knowledge before his arrest. I did not want to prosecute. No pressure has been brought to bear on me to bring this charge. I told prisoner I had a difficulty in getting my solicitor to hand me certain papers. I did not ask him to help me. I have never asked other people to help me get money from my solicitor. I did not give prisoner the facts that he put in the letter which he drafted and I copied to my solicitor; he went to Somerset House and saw the facts for himself. I refused to write it at first and we had words about it, but at last he persuaded me. I only got verbal replies from my solicitor. He asked for an explanation. I once signed an I.O.U. in favour of defendant. He said, "Did you ever see an I.O.U.?" I said, "No." He said, "Did you ever write one?" I said, "No, I do not know how it is done." I sat down and wrote at his dictation. I muddled it up. He then wrote a copy and I foolishly wrote from his copy. I said, "What is this for?" He said, "Only for fun." It was for £100. I never had any money from prisoner in my life. I told the police about it.
I left it on his desk. He said he would tear it up. I did not say to prisoner "I must have some money from my solicitor; can I get it by telling him I owe you a debt?" I did not attempt to get money from my solicitor by telling him I owed prisoner £100.
(Monday, January 13.)
KATE CANHAM , recalled; further cross-examined. I had three money transactions with prisoner. With regard to the £55 transaction, prisoner said he would follow me down to Slough, but did not know what train he would go down by. I told him I would meet him at Slough. When I gave him the £55, he told me he wanted to pay for the rest of the furniture, and I gave him the amount under the impression that that was true. Whatever I may have said at the police-court, I say now that the prisoner told me he had spent £25 to pay the auctioneers. He showed me no receipt for the furniture; I did not ask him to do so. I did not tell prisoner that if he would help me to get the house I would lend him some money. I have no recollection of using the word "lend" at the police-court. I have torn up some of the letters which I received from prisoner; the three others I have handed over. Prisoner and I went first to Kennington and then to Brixton to look over houses, and I asked him if I could give his name as a reference to the landlord. The first house we looked over was as 118, Stockwell Park Road. I said to prisoner that I had no doubt my solicitor would let me take the house if I could tell him I had someone who would take part of it to start with, and prisoner agreed to do so. He did take rooms with me at £2 a week. Some furniture was re-addressed to me from prisoner's office. Prisoner told me he had been to an auction sale and had purchased some furniture, but I never saw it. After he was arrested I went to his office and saw some furniture there, and I saw some at his rooms. Prisoner's wife pointed out some furniture, which she said had come from an auction at Brixton. I do not know whether I said that it was mine. I did not claim it, except some things which came from Jones's. I got those things. I told prisoner I was a widow: I did not deceive him in any way. I do not remember if I put at the end of a letter to him, "Please don't think me a bad woman for writing to you first." I frequently called at his office. I was not on particularly affectionate terms with him. He certainly led me to suppose that he would marry me, but he did not actually propose to me. I did not tell him that I could get money more easily from my solicitor if I told him I was engaged, nor did I tell my solicitor that I was engaged to prisoner or anybody else. With regard to the £10 incident, I did write to my solicitor saying that I wanted it for a new costume. I gave the £10 to prisoner for him to send a cheque to Jones Brothers. I did not have an account with Jones Brothers; I always pay them cash. I introduced prisoner to Jones Brothers so that he could order some goods for his own personal wants, for which he was to have three months' credit. What I meant by saying that my great complaint was that prisoner was a married man was that I should not have let him have the money had I
known it. I did not want to prosecute, because I do not like publicity, but I thought it was my duty to prosecute in the cause of justice. Prisoner never told me that his finances were at a low ebb. I admit that I went through a form of marriage with a man who died, and when my solicitor took out letters of administration, I found the marriage was not valid. Prisoner said he wanted £10 as a mark of confidence. Re-examined. I thought at the time that that marriage was perfectly legal. Prisoner suggested that I should get money from my solicitor, and in consequence of that suggestion I got the £25 and handed it to him. In consequence of a similar suggestion I got £60 from my solicitor, of which I handed £55 to prisoner. The articles purchased at Jones Brothers were not paid for by prisoner out of the money I gave him; the bill was sent to me. The I.O.U. for £100 which has been mentioned I wrote for fun and left on prisoner's desk; the one produced is the one I wrote. I never owed prisoner £100. Prisoner wrote the I.O.U. out for me to copy, and the one produced is the draft in his handwriting.
LOUISA BIRD . I am the wife of Robert Bird, and lived at 1, Haythorpe Street, Southfields. I first met prisoner in January last year, when I was walking in Clapham Road, where there was a crowd. He spoke to me; at first I took no notice, but on his asking me if I always looked so cross, I smiled, and we got into conversation. About five days after that he came to my house as a lodger. He did not say what his business was at the time; he merely told me he had been to South Africa and had been ill. He told me that he had made £2,600 as a turf accountant previously, and that he should start that business again. That was after he had been with me about a week. Then at his request I let him have £15 to start in business; that was on February 9. He promised very shortly to return whatever I would lend him, but he did not mention any percentage. On February 26 I let him have another £10, which I borrowed from a relation. Prisoner's wife was not in lodgings with him at my house; he came there as a single man, and I thought he was single at that time; he told me he was single. I lent him the money because I thought, as I had been in business myself, it would be about the same thing, possibly, as taking another business of my own; I thought the business would be between him and me. He led me to expect that it would be so to a certain extent. Later on I knew that he was looking for a partner. I never received any dividend from him, or any of my money back. The cheque produced, dated April 27, is for £10, payable to me. Prisoner asked me to cash that cheque for him, which I did at my house-agents, and I handed prisoner the money in gold. I had also cashed a cheque for him a day or two before for £4 10s. at the butcher's. The cheque for £4 10s. was paid by the bank, but not the on for £10; that was returned marked "Account closed."
Cross-examined. Prisoner discussed with me the starting of this turf accountant's business, but I did not say to him that I would be very pleased to help him with some money. He told me he had taken a steward's berth on board ship on account of ill-health. I told him I was after a business, and I was letting furnished apartments, and he
said he would like to come and stay at my place. He wrote on the following Sunday, saying he would like to come down to see the rooms. I introduced him to my husband, and told him that he could stay there at £1 a week. He stayed there from about January until September. I never rendered him an account, or demanded any money from him, because I do not make out any bills; people who stay at my house pay me as they go along. I did not allow him to stay nine months without paying; he has paid me sums occasionally. I have had about £10 to £12 the whole time. I lent him ✗ £15 on my own behalf to go into the business, but there was no arrangement that I should receive a definite percentage. We were on friendly terms, and he gave me a key of his office desk. I only opened the desk once in his absence, when there was a Miss Howcroft present. I cannot remember the date. I read some letters, but I deny that I tore any up. Previous to my going to the office and opening the desk, we had practically been living together as man and wife for the best part of the time. That was after my husband went away. The reason I give for my husband going away is that we had had differences before, and when the prisoner came it made things worse. It was not altogether owing to prisoner coming that my husband went. I do not know how long it was after he came to my house that I found he had a little daughter. When he showed me the photograph of the child he told me he used to live with her mother, but she had left him for another man. After I found out he was married, I only threatened to have him arrested on one occasion. I did not threaten him at the office that unless he returned to live with me I would put the matter into the hands of the police. I did not implore him to return to me. When he was at Westcliff with his wife I wrote and asked him what he was going to do about money matters. These proceedings are not taken at my instigation. It is not true that I asked him to come back to me.
Detective-sergeant GILLARD. On October 12 I arrested prisoner in New Oxford Street and told him that the charge was that of obtaining on or about April 4, 1912, the sum of £50 from Edith Ann Waghorn by false pretences. He replied, "all right." I took him to Bow Street Police Station. While he was detained at the station I went to his office at 83, New Oxford Street and took papers from his desk. I found the I.O.U. signed by Miss Canham and the original draft. The documents which I found are exhibited, and they included books and circulars relating to betting. There is a bundle of letters of complaint. On October 16 I went to No. 1, Haythorne Street, Southfields, and found some letters which are exhibited. I went to Somerset House and got a certificate of prisoner's marriage, in which he is described as Paul Max Oberlander, which is his proper name, and as being a patent agent. He is a German subject. At prisoner's request I went to 29, Speenham Road, Brixton, and informed his wife that he was in custody.
Cross-examined. It is absurd to suggest that it took an hour and a half to persuade Mrs. Waghorn to make a statement. When I went to prisoner's house his wife said he had authorised her to hand over
furniture which he had obtained at Jones Brothers to Miss Canham. At the auction rooms all I discovered was that the furniture was bought in the name of Ballard, which is the name of the man in whose house prisoner was lodging. The amount was £16 3s. 6d., and it was paid in gold. I find on further reference that there were two other amounts of £5 and £1 9s. on other days.
LUCY HOWCROFT . I am a married woman living at 69, Gower Street. In February last I saw an advertisement in the "Daily Telegraph" and answered it. I received a reply from prisoner dated February 15, 1912, and went to see him at Southfields. I went to see him again and entered his employment as a clerk. I let him have £20 the week after. I was to have 17s. 6d. a week salary for the first two weeks, and if I was suitable it was to be increased to £1. The security he gave me for my £20 was a Dutch bill for 400 marks. I worked for prisoner for 11 weeks and had most of my salary. There were four clerks altogether. I knew that he was married when I had been in his office two weeks, because his wife and daughter called. The Dutch bill fell due on April 26, and I gave it to prisoner. I did not expect to get my money then; it was to be left in the business. I make no complaint against the prisoner.
Cross-examined. I saw Mrs. Bird at the office about five or six times when prisoner was not there. On two occasions I saw her with the desk open, and the third time I saw her open it. Prisoner always left it locked, so Mrs. Bird must have opened it on the first two occasions. On the second occasion Mrs. Bird took out a letter signed Mabel Dyball. She also had a letter in her hand which she had taken from his coat pocket signed "Chappler." She took those letters away with her. She said she had come to the office expecting to see prisoner. On the third occasion when I saw her open the desk she looked in the little drawers, turned over the correspondence, and shut it up again; nothing was taken out on that occasion. She was only in the office a short time before prisoner came in; then they had words and she slapped his face. I think the reason she gave for doing it was that she had not had some money from him. She followed him out of the office on to the stairs, and there was another scuffle. She said that she would make it very hot for him and put it in the hands of the police if something which she had heard was true. She stated on July 25 when I found out that they had been living together as man and wife that she did not know what love was until she met him. I made a row myself about that. She said she would make him come back to her as she thought his wife would not look after him enough. At the request of the police I unwillingly signed a statement as to having invested my money. I objected to several of the things that the police wrote down for me to sign. I was in prisoner's employ for 11 weeks, from March 13 to May 25. and then I went into the office again on August 6 and remained there for nearly seven weeks. There were several letters or telegrams every day with regard to business. I could not say what was the average amount of business done by prisoner in a week. As far as I knew there were very few complaints from clients.
(Tuesday, January 14.)
LUCY HOWCROFT , recalled; further cross-examined. When I was alone in the office I often heard part of conversations going on in the next room. It was really one room divided by a partition. I cannot say I heard any conversation between prisoner and Mrs. Waghorn. I was in the office when Mrs. Bird threatened she would put prisoner in the hands of the police in reference to something she had missed from her home. She asked me if I had seen a parcel. I said I had not. I also heard her threaten to put the matter in the hands of the police unless he returned to live with her.
MAX ALEXANDER (prisoner, on oath). For business purposes I use the name of Max Alexander Westoby. I advertised for a partner as the result of a conversation between Mrs. Bird and myself. We agreed to start a business. As I had not sufficient capital I proposed to advertise for a partner. I had a great many replies. The answers to them were written partly by me, partly typed, and a few written by Mrs. Bird. I signed the letter to Mrs. Waghorn. Naturally, I thought I should make a good profit and therefore I undertook to indemnify the people in case there would be any loss. The statement, "I relinquished my ready money s.p. connection in the West-End owing to a serious illness," is correct. I went to South Africa on the doctor's advice. It says here, "What I desire now is to meet someone with business capacity to wholly or partly finance the opening of a suitable office for approved daily and weekly accounts, leaving me to control commissions, etc." After she received that letter she wrote to me. An appointment was made and she called upon me. I told her the business had not been started and that I wanted somebody with capital. She told me she had lost some money by investing it with a man at Wolverhampton. She said she would think it over. I think the next time I saw her was early in March at 72a, New Oxford Street. She asked me to try and get her money from the man in Wolverhampton. I wrote a good many letters on her behalf. The next time she called was about April 4. I met her downstairs outside the front door. We went upstairs to the office. She then proposed to invest £50 at 7s. per week, and asked how we were getting on. I said, "Very well, indeed." She asked if she invested £50 would I give her £1 a week. I said, "No," and it was agreed I should pay 7s. a week. Nothing further was arranged, except that the agreement was to be sent on to her and she should send a cheque. In order to make it quite safe that the cheque should arrive I wrote an envelope and marked it "Registered" addressed "M. Alexander, 1, Haythorpe Street, Southfields." No mention was made about my being married. I received the cheque on April 9. I wrote her expressing surprise that it had not arrived. She came to the office that day and at my request she wrote this cheque in the name of Westoby and the cheque I had previously received was destroyed in her presence. I told her the business was going well. On
April 17 I asked her to lend me £35. She wired it. She came a few days afterwards. I told her I had to move from New Oxford Street as my landlord had not permission to sublet to me. We went to Maddox Street and looked at those offices. I had no further financial transactions with her beyond the £50 and £35. That money was used in paying claims, rent, and salary. The petty cash book shows how it was expended. Up to August 16 I paid out £257 3s. 8d. I had roughly about £150 bad debts. I met Mrs. Bird at the end of January in Clapham Road. We arranged that I should go to live with her at her house, and in order that it should appear to be correct I wrote a letter saying I had seen an advertisement in the paper. I said I should be going to sea soon. She said, "Don't do so and I will see what can be done." I went to Southfields on the following Sunday and was introduced to her husband. I went to live there on the Monday. No terms were arranged as to payment. She knew I had no money and provided me with it. Whenever we went out she paid all expenses. During the first week I said to her, "As you do not want me to go to sea I will start a bookmaker's business," and she said she would help me and she advanced me £15 at my request, and a fortnight later another £10. I had no further business dealings with her. In April I gave her two cheques. I also gave her cash. It is difficult to say how much, because they were never put down. Her husband left her. I paid her rent, taxes, gas bills, and season tickets for her son. I remained friendly with her till September, when I decided to leave her. I left the greater part of my property there. I saw her on September 20 or 21 at Southfields. She asked me if I would not stay. She said she had pawned my suit that day. Between September 21 and October 5 she frequently came to the office trying to get me back. Once in September, when I refused, she said, "I will make you," and shouted on the staircase, "I will do you some injury," or words to that effect. She threatened me so frequently that I got used to it. She threatened me with the police. Miss Canham told me about the difficulty she had with her solicitor. She said he frustrated her efforts to take a house, and asked me to help her. She said she would try to get as much money from him as she could, and that she would lend it to me. I went to the auctioneers at Brixton about the furniture. I had carte blanche as to how much to spend. I bought furniture to the value of £40 or £50, it may be more. For several weeks it remained there. Then it was removed to rooms I had taken at 29, Speenham Road, because the auctioneers charged for storage. I paid them £16 odd on September 11. I paid the £35 I received from her in October to those auctioneers. On October 11 it was arranged I should meet her at Slough. I asked if she could give me some more money. She said she had received £60 from her solicitor, and would give it to me in the morning. She gave me £55 outside the house where she was living at Langley, Bucks. There is a letter in which she says she will lend me that money. It was taken from me by Sergeant Gillard. The money was given to me to use as I thought fit. Nothing was said as to what it was for. I drafted the letters to her solicitor, as she did not seem to be able to write in a way to make him account for her property. At
the end of September she proposed that I should go to her solicitor and take with me an I.O.U. from her, and as she did not know how to write it I wrote out a copy. There is only one I.O.U. in existence. That was written on a double sheet of paper. I have not seen this one (Exhibit 47) till to-day. I saw another for £100, which was written by Miss Canham on a single sheet. The one produced does not appear to me to be the one she wrote in my presence. I was to take the I.O.U. to her solicitor to try to get money from him to hand to her, as she wanted to buy furniture. My intention was when I borrowed the money from Miss Canham and Mrs. Bird, to repay them. There are many reasons for my not doing so, my losses and bad debts. There was no intent to defraud these ladies of their money, and if I had not been arrested they would all have been paid. Miss Canham never asked for her money back. Mrs. Waghorn was to recall her money by giving one month notice in writing. The letter she says she sent never reached me, and it is only here that I heard that she sent a registered letter. I could have got money from my mother. Between 16 and 18 people answered my advertisement, whose promises amounted to about £3,000. They said they would invest when they saw the business was started. When it was started a few came to the office and withdrew. At one time I had about 50 clients. They did not make bets every day. I pointed out to Mrs. Waghorn that as she had experience of racing business did she not think she had better not invest again with me; she said she was drawn by the amount of interest offered. I did not lead anyone to suppose there was no risk.
Cross-examined. The day I met Mrs. Bird I had £2 in my pocket. I possessed no other money. Mrs. Bird suggested starting a business because she could not live without me. I was all ready to go away when I met her. Before inserting the advertisement I wrote to my people in Germany, asking them to help me. I received £10 in money and a bill for £20 at Mrs. Bird's house. She saw the letter. That money was not the security I had to offer I could have another bill from my people for any amount I wanted. Mrs. Waghorn did not ask for security; if she had it would have come forward. The expression in the letter I wrote her, "I have received quite a fortune," refers to the £3,000 promises to invest when the business was started. The statement that I was paying 100 per cent. on £300 is a lie in the legal sense. I was not paying 100 per cent. on anything. "And with the capital, which is my own, in hand, £10,000," refers to the promises. When we discussed the Dawson matter she told me she had applied for some of the Japanese Loan. I had not then a banking account, nor on April 4. I was not a member of any turf club. I had not a telephone in the office. There was an extension from another, for which I paid. Nothing was said about money at that interview, as she had written previously that she did not want to invest. I have not got that letter. I did not tell her I was single and did not ask her to marry me. I opened a banking account with Mrs. Waghorn's cheque, drawn in the name of Westoby, on April 9. I told Mr. Vere I might bring along some Japanese stock. That was to come from Mrs. Waghorn. She promised it. I did not succeed in getting it. She was to have a few
shillings a week for the accommodation. She promised me some Consols. I did not get them. By April 16 I had drawn out over £50 from the bank. I had a credit balance of 4s. 2d. I was then negociating to take premises at £100 a year rent. I telegraphed her on April 24, "No need cashing cheque, will give cash." I had not then £35. I have not repaid her. I could have got any amount in reason from Germany. I did not apply for it. I saw her immediately afterwards at Blackheath. She told me she must have her money, the £35. She gave me till the following Monday. On April 27 I got Mrs. Bird to cash a cheque for £10 at Messrs. Cooper's. It was drawn on my account at the London and South-Western Bank. It was returned dishonoured. That £10 was telegraphed to Mrs. Waghorn. The rough book (produced) shows £140 expenditure up to April 28. There is nothing to show my dealings after that date except the account-sheets, which prove what has been paid out and what money has been paid in. I have telegrams to show that every entry is a genuine transaction. I did not tell Mrs. Bird I had made £2,600 out of the turf accountant's business, or anything like it. I had no opportunity of ascertaining if she had £20 in the Post Office Savings Bank. She told me she would have to draw the £15 from the post office. I did not make any representations to her as to what money I could make out of this business. She had blind confidence in me. She knew when I wrote the cheque for £10 that it would be met on the 29th. I do not know what she had to communicate with the police about; a violent woman will do anything. Much as I disliked it I had to stay with her; she would have made it hot for me, and I wanted to save my business. I met Miss Canham in June in Regent Street; she spoke to me and came to my office. After her first visit she came twice more within about three weeks. Then my acquaintanceship with her ceased for six or seven weeks and no letters passed. In September she told me she had some money which was in charge of a solicitor. I wrote asking her to lend me £10. Nothing was said about trusting me. I gave her instructions about telegraphing it because I wanted it. I did not tell her before that that the business was flourishing. I think she saw me the day after she sent the £10. I did not say I was holding it in trust for her. I said I should use it for myself and had done so. I did not say I was in low water. I told her I would not think of taking money from any woman, meaning that I would not cheat or defraud anyone. We discussed the question of taking a house. I said I would come with her but did not say I would pay £2 2s. a week. Nothing was said about how much I should pay. The auctioneer's catalogue proves that I bought furniture to the extent of £16 odd. I bought it in the name of Bullard and paid for it on October 2. Bullard was at the sale. On the 18th I bought some more in the same name. Both lots were taken to Speenham Road, where I had a furnished room. Before that I was living in furnished apartments in Benedict Road. That furniture was bought on behalf of Miss Canham. She knew I was living at Speenham Road. I was in a position to pay for the furniture, when I bought it out of money sent on account of bets lost to me. On October 2 I bought £38 9s. 6d. worth of furniture from the same auction room.
The £55 she gave me I could do as I liked with, so long as the furniture was paid for when she got into the house, and it would have taken another two or three months to get into it. I was rather flush of money at that time; the business was just beginning to pick up. I will not swear that I posted the letter which she wrote from my draft to her solicitor, or that I registered it. The statement, "I have already signed the agreement for the new house," is untrue. It was written at her instigation.
(Wednesday, January 15.)
JANE OBERLANDER . I am prisoner's wife. In 1912 my husband was a steward on the Union Castle Line. On the last voyage he had as illness and was laid up for some time. We separated early last year through financial embarrassment and I decided to take a situation as housekeeper. I left him in the room we had been occupying at 20, Benedict Road. I met Mrs. Bird twice. I understood my husband owed her money and would not let him come away until it was repaid. She said it was a matter of business between them. I went to her house, when she told me she loved him and what their relations had been and that she had sent her husband away. I told her I thought she was a widow. When I first went to Speenham Road I was told the furniture came from Baker's, the auctioneers, at Brighton Terrace, Brixton. When my husband was hard up he got money from Berlin. His mother is a woman of means. I have been there.
Cross-examined. We separated in 1911. I went into a situation in January, 1912. That was very much against my husband's wish, but I wished to help him. The first time I spoke to Mrs. Bird was eight months after my husband and I separated, in August, 1912; the second time was in September. I knew in February that my husband was living at Mrs. Bird's.
The second and third indictments were not proceeded with.
Numerous previous convictions were proved.
Sentence: Four years' penal servitude; recommended for expulsion under Aliens' Act, 1905.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 10.)
GRAY, Edward (41, porter), LOCKYER, Jenny (33, dealer), SCOTT, Herbert (23, dealer), and FLYNN, Samuel (38, porter) , all stealing two chairs and one bookcase, the goods of the Highbury Furnishing Company, Limited, the masters of Gray and Flynn, and feloniously receiving the same.
Gray and Flynn pleaded guilty, to larceny (servant).
Mr. L. Drummond prosecuted; Mr. A. Bucknill defended Scott and Lockyer; Mr. Eustace Fulton appeared for Gray and Flynn.
WILLIAM WRIGHT , 38, Anatola Road, Highgate. On October 24 I was driving a pantechnicon van from the premises of the Highbury Furnishing Company to the G.N. Goods Station, and Gray and Flynn were with me. At the station I was ordered by them to drive to 10, Millman Street, where two easy chairs and other articles were taken from the van into the building. They were taken in by Lockyer.
SARAH DERING . I have been employed by Mrs. Lockyer to do work at 10, Millman Street; Scott also lives there. On November 8 I saw two green chairs in the kitchen. On November 13 Detective-sergeant Castleton came to the house, and I told Scott he had come about the two green chairs. Scott said he would go and get something to drink. He came back after the officer had left. I do not know what he did when he came back. I never saw the chairs again. I did not say before the magistrate that I saw Scott with the chairs in the street; I said I saw the back of Scott and that he had a barrow. I never saw the bookcase.
Detective WILLIAM HALL, N Division. On November 12 I was at 10, Millman Street, and I saw a bookcase upstairs; it was being used as a china cupboard. I afterwards went there in company with Mr. Abrahamson, of the Highbury Furnishing Company, and he identified the bookcase as being the property of the company, and took possession of it.
Police-sergeant THOMAS CASTLETON, N Division. I arrested Gray on November 13 and Flynn on November 21. Gray made a statement, and I went to 10, Millman Street and then to Wild Street, Drury Lane, where Lockyer's father lives. She came along the street with her father and I mentioned the matter of the chairs to her. She said, "I know nothing about them." I said, "I am told they were left at your place, and the man says that he had 17s. for them." She said, "No, I do not know." I told her I should arrest her for receiving them. She said, "I have known Gray and he has known me for some years. The chairs were offered to me by Gray, but I refused to buy them, and told him to take them away." At Upper Street Police Station Gray said in the presence of Lockyer, "I had the chairs. I took them to 10, Millman Street to a little short, dark woman. I do not know her name. She has recently been married. Her name was Scott. Her father keeps a furniture shop in Wild Street, Drury Lane. I had 17s. for them." Lockyer said, "I did not see this man. A boy came to me for a sovereign. I gave him the sovereign, and I was to have had 3s. change, but I have not done so. The first I saw of the chairs was last Friday; they are in the kitchen in the basement; here are the keys." She was then formally charged and made no reply. I went to Millman Street the same evening and found that the door of the kitchen had been forced. The chairs were not there. I saw Dering, and in consequence of what she told me I wnt to 5, Wild Street, and saw Scott. I asked him if his name was Bill, and he replied, "You are clever, you know; now find out." Eventually he said his name
was Herbert. I said, "Are you known as Bill," and he said, "Sometimes they call me Bill." I said, "It has been stated that you took those chairs away which I was enquiring about." He said, "Liar." I said, "Will you tell me what you have done with them?" He said, "I have never seen them." I said, "Unless you tell me what you have done with those chairs I shall have to arrest you." He said, "That's it, go on, arrest me." I arrested him. When charged he said, "I moved them by order of my father; my father gives me orders." When the charge was read to him he said, "All right." The chairs were eventually brought to the police-station by Lockyer's husband. On November 13 I saw the bookcase in use as a china cupboard.
Cross-examined. I believe Wright told me he saw a boy and a woman at Millman Street, but I am not sure. To the best of my recollection he said, "I really could not identify the woman; it was awkward; I was on the dickey of the van, and I was looking sideways." He said there was a boy there; I am not sure if he said a "little" boy. He did not say anything about this boy having a bicycle.
PHILLIP ABRAHAMSON , Secretary and Manager, Highbury Furnishing Company, Limited. The chairs and bookcase are the property of the company. Gray and Flynn had no right to take them off the premises. The value of the chairs is £3 15s. and the bookcase 28s.
JANE AMY LOCKYER (prisoner, on oath). I was married on September 21 last, and before that was housekeeper to my father. My two brothers went with me, and I started a business as furniture dealer and job stock buyer. One afternoon my brother, Louis Onarles Scott, came to me in Great Queen Street and said a gentleman had come with two chairs, and he wanted a sovereign for them. I asked him if they were worth it, and he said, "I think so." I gave him the sovereign. I did not know Gray. When arrested I told Sergeant Castleton I knew nothing about the chairs. I meant that. I neither knew Gray, nor had I bought the chairs. Never having been in trouble before it took me by surprise, and I scarcely know what I did say. I did not say I had known Gray for some time. As to saying that Gray had offered them to me and I had refused to buy them, I never saw Gray. At the station Sergeant Castleton said I gave the man 17s., and I remarked that I gave him a sovereign, and if that were so I had received no change. I said I gave the sovereign to my brother. My brothers are a little younger than me, and I have always been accustomed to calling them "the lads." I know nothing about the chairs being taken into the basement, and I cannot say how the bookcase came into my possession. I had been to a sale at Kingston, and when I got home it was in the passage with the name "Lockyer" chalked on it. I did not know whether someone had sent it up to be sold or whether it was a wedding present; I was awaiting inquiries.
Cross-examined. The acceptance of these chairs I put down to my inexperience. I was learning the business, and my father was teaching me how to buy.
HERBERT WILLIAM SCOTT (prisoner, on oath). The first I heard of the chairs was when my father told me on the day my sister was arrested. He asked me if I knew anything about the chairs, and I said, "No, I have never seen any in the place." Later in the day I went into the basement of 10, Millman Street. I saw the cellar was locked. I knew very well there were some blankets in there, which I had put there myself. So I got hold of the lock with my finger and pulled it off. Inside I saw two green chairs. I took the chairs upstairs and put them on a barrow and took them to my uncle's place close to Herne Hill. I did that because I was worried about my sister and, knowing she had been very bad, it would probably upset her. I did not say that my father had ordered me to take them away. I did it entirely on my own.
Cross-examined. I have bought things since I set up as a job-stock buyer, but never furniture.
LEWIS CHARLES SCOTT , street orderly. I was at 10, Millman Street, when a man whom I did not know came with two chairs. I told him I would go and find my sister. I found her in Queen Street. I told her there was a man with two chairs and a sovereign to pay. She turned round and said, "Are they worth it?" I told her I was no judge of furniture, but that I thought they were worth it." She gave me a sovereign, and I went straight back. I gave the sovereign to one of the men who has been charged. While I was away the chairs had been taken into the basement. I saw the bookcase in the passage on another day, and when my sister came home I helped to carry it upstairs.
CHARLES SCOTT , 5, Wild Street, Drury Lane. My daughter did not in my presence tell the officer that she had known Gray for years, nor that she had been offered the chairs and refused to buy them. After she had been arrested I said to Herbert Scott, "Go and see about those blessed chairs; they get on my nerves." I had not heard a word about the chairs until the officer came up.
Verdict (Lockyer and Scott), Not guilty
Sentence (Gray and Flynn): Each Six months' imprisonment, second division.
FAYRER, Sidney Arthur (30, clerk) , forging and uttering, knowing the same to be forged, an order for the payment of £21, with intent to defraud: obtaining by false pretences from Alfred Hudson one motorbicycle and from John Spencer Fryer one bottle of brandy and £2 in money, in each case with intent to defraud.
Prisoner was tried on the first indictment.
Mr. E. J. Purchase prosecuted; Mr. Beaufoi Moore defended.
OLIVER SMEWING , cashier to the London County and Westminster Bank, 133, Westbourne Grove Branch. On June 4 of last year an order for the supply of a book of 50 cheques and signed by one of our customers was presented at the counter and a cheque-book Nos. 423,451 to 423,500 was issued. Within an hour a cheque from that bank was presented. It was for £20 10s., and the signature purported to be that of one of our customers; it turned out to be a forgery and payment was refused. In consequence of a communication from Mr. Jacks a stop was placed on the book. About 26 of the cheques came to the bank in various names. Cheque No. 423,461 is one of 20 guineas, payable to Mr. A. Hudson and signed "Frederick J. Watts." We have no customer of that name. That cheque came into the possession of the bank on September 9. The man who presented it was detained and subsequently released. Cheque No. 423,464, dated September 26, is for £4 16s., payable to G. Butler, Esq., and signed "R. G. Perkins." We have no customer of that name.
ALFRED HUDSON , tailor, 491, Hornsey Road. In September last I advertised a motor-cycle for sale for £22 10s. Prisoner replied in person on Friday, September 6. I was in his company for about three-quarters of an hour. I had not got the machine at my place of business and he promised to come over on the Saturday or Sunday. He did not arrive till one or quarter past on the Saturday and I tried the cycle. He agreed to purchase. He was in my presence from about 1.15 to 3.15. We struck a bargain at 20 guineas. Then he leaned against my work-board and was about to write a cheque. I said I could not think of taking paper for it; I wanted cash. He said it was very inconvenient, as the banks were closed. He asked me to allow him to go to Charing Cross on the cycle and he would get a customer of his to cash another cheque and he would return with the money. He wrote the cheque (produced) in my presence. Eventually I agreed to let him go on the cycle. I did not see him again till I saw him at the police-station, I think on December 20. I sent my porter to the bank on Monday morning. He was arrested and the cheque dishonoured.
(Saturday, January 11.)
ALFRED HUDSON , recalled. When I went to the police-station about December 20 I picked the prisoner out from about a dozen others. I recognised him immediately without the slightest shadow of a doubt.
Cross-examined. When prisoner came to my shop he was rather smartly dressed. He had on a black vicuna morning coat and vest with a silk corded edge and it was very narrow cord. When I saw prisoner's wife I do not think I mentioned the man's dress. Emphatically, I did not ask her if defendant wore a braided grey suit. Possibly I asked her if he wore a black coat with a corded edge. I believe she did say he never wore such a coat.
I was called into the private bar and prisoner asked for a bottle of brandy. I wrapped it up for him. Suddenly he said he was very sorry but he had not brought any money with him, but had a cheque. He produced one made payable to G. Butler, Esq., and signed R. G. Perkins, for £4 16s. I said I could not cash the cheque, but he could have the brandy and pay for it in the morning. Then prisoner asked if I would get him out of a little difficulty and let him have a bit on account. I let him have £2 and told him to call next morning between 12 and 1 o'clock and I would give him the balance. He did not call. I went to the bank and the cheque was dishonoured. I identified prisoner at Paddington Green Police Station on December 20 and had not the slightest hesitation in picking him out from amongst others.
Cross-examined. He had on a dark coat and bowler hat, and was very smartly dressed indeed.
Detective-sergeant GEORGE YANDALL, F. Division. Prisoner was detained at Paddington Green Police Station. He made no reply to the charge. Both Mr. Hudson and Mr. Fryer immediately identified prisoner when put with other men.
Cross-examined. It is true that on December 28 six persons failed to identify prisoner, but that had nothing to do with these two cheques.
SIDNEY ARTHUR FAYRER (prisoner, on oath). I was at home on September 7. It is not true to say that I bought a motor-cycle from Mr. Hudson. I got up in the morning and I had some gloves to clean, and also some tights, which had to go to the Fulham Theatre in the evening. I left home about seven o'clock that Saturday evening with my wife, and I took with me the various articles which we had done for the theatre that week. My wife and an aunt of her's can speak to this. I have never worn a morning coat and vest, or anything approaching it. This is the only suit I have, and I have worn it, I think, continuously, for about six months. I never possessed a motor-cycle.
Cross-examined. I will not say I did not go outside the house during the day-time on Saturday, but I never left it for more than 20 minutes. My wife has the books showing the days when we did the work. When I saw Yandall I was not more smartly dressed than now; I had exactly the same suit on. I was not wearing a smart brown suit with cloth-top boots.
CATHERINE FAYRER , wife of prisoner, of 195. Portland Road, Notting Hill, corroborated prisoner's statement that he was at home on September 7. She added: My husband has not got a very smart black vicuna morning coat and vest with corded edge. During the last three or four months I have seen him dressed only in the suit he has got on, and a brown suit made after the same style. I saw Mr. Hudson at the police-court, and he asked me if I had ever seen my husband dressed in a drak grey suit with cord-braided edge, and I told him that I had never done so.
Cross-examined. Some few months ago the brown suit was pawned. I am quite sure my husband did not go out of the house on that Saturday
till seven o'clock in the evening. I have not brought the book, but I have taken a copy of it, which shows that we were busy in that week.
At the request of a juryman the prisoner consented to give several specimens of his hand-writing.
The jury disagreed.
(Friday, January 17.)
Prisoner was tried before another jury.
The evidence given at the former trial was repeated, with the following additions:
ROSINA LORRAINE , clerk to Mr. Hudson (for the prosecution). I saw prisoner at the shop on September 7 and the next time I saw him was on Saturday last in the dock in this court. I have not the slightest doubt that prisoner is the same man who came into Mr. Hudson's shop and forged a cheque in the presence of Mr. Hudson and myself.
Cross-examined. I was not there on the Friday, but I was there the whole of the time on the Saturday. The prisoner was under my observation for two hours.
Detective-sergeant YANDALL (for the prosecution). The day before yesterday Mrs. Fryer picked out prisoner from about 12 or 15 men at Brixton prison. About a week before December 20 I went to prisoner's house at Portland Road, Notting Dale, and saw prisoner there. He was very smartly dressed in a brown suit, brown boots with cloth tops, fancy socks, bowler hat, but no overcoat. He was dressed much smarter than he is now. I saw two top-coats hanging behind the door of the living room and one was dark blue and one light grey. There was also a light walking-stick and subsequently I saw a straw hat.
Cross-examined. Fayrer went out into the street with me and an inspector and the inspector asked him his name. Fayrer wrote his surname in my pocket-book and I wrote the two Christian names. When prisoner wrote that he was greatly agitated and his hand was shaking. After his arrest, he was put up for identification amongst men similar in height and build.
HELEN JANE FRYER , 447, Fulham Road. About eight o'clock on September 26 prisoner came into the saloon bar and sat there for about an hour. He returned about 11.30 and called for a Scotch whiskey and asked to see Mr. Fryer. I called for my husband and saw the bottle of brandy given to him and I saw the cheque (produced). I identified the prisoner at Brixton prison on January 13.
CATHERINE FAYRER , wife of prisoner. (For the defence.) My husband had been helping me all day on September 7, and we delivered the work together in the evening. I have not tried to get anybody from the theatre to give evidence, because we might lose the work if they got to know there was any trouble. I produce the book in which the work is entered up.
Cross-examined. I could not say what socks my husband was wearing when Detective Yandall called; he has several pairs of different coloured socks. They are thick woollen socks. The reason
the book commenced with that week was because it was the first week we had the work.
Miss BEST deposed that she resided with prisoner and that he was at home all day on September 7.
Verdict, Guilty. The second indictment was not proceeded with.
Prisoner confessed to a previous conviction for felony, and four other convictions were proved.
Sentence: Eighteen months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Saturday, January 11.)
Mr. H. Beresford prosecuted; Mr. Eustace Fulton defended.
WILLIAM JOHN HILL , foreman of Knifton, carman and contractor, Edmonton. At 12.30 on December 23 I was in the Hope Yard when prisoner came in and struck me with his fists and called me a dirty bastard; I struck him back, and he pulled a knife out of his pocket, and he tried to get at my throat with it. I got hold of him by the handkerchief he was wearing round his neck and held him off; he said, "I am going to do you in." The witness Thomas came to my assistance and took the knife away from prisoner. I subsequently charged prisoner at the police-station. He said in reply to the charge, "It is quite right, I meant to do him in." He was excited; I should not say he was drunk. He had not been at work for about four weeks.
Cross-examined. I was walking up the yard, and prisoner came behind me and struck me. He was charged with working a horse that was unfit to be worked. He was remanded, and at the second hearing I was charged with him. He was discharged and I was convicted. Prisoner had been employed by my firm for eight years. I do not think he was the worse for drink on this morning.
ERNEST THOMAS , farrier. I was in the farrier's shop on December 23 about 12.30. I saw prisoner go up the yard and stop Hill; they had a few words; they got in front of the farrier's shop; Hill had hold of prisoner's neckerchief; prisoner had a knife in his hand threatening to cut his throat; I went out and took the knife away. I heard prisoner say, "I mean to do him in," and he stabbed at him with the knife. Prisoner had been drinking, but I do not think he was drunk.
Cross-examined. I did not see the beginning of the quarrel. It all happened in about five minutes.
Police-constable CLYDE GOSS, 378 N. I was called to the yard. Prosecutor said he wished to charge prisoner with making an attempt on his life with a knife. Prisoner said, "Quite right, I meant to do him in. I would have cut his b----throat if it had not been for the
blacksmith stopping me. I sharpened the knife up this morning purposely for the job; this is all over that North London job. I took him to the police-station, where he was charged. In reply to the charge he said, "I own up; I am guilty." He was not sober, and he was excited.
Cross-examined. The knife produced is in the same condition as when it was handed to me; there is no sign that it has been sharpened at all. I have known prisoner by sight for about four years. I know him to be fairly sober. He has not been convicted before to my knowledge; he has a wife and five children.
Verdict, Guilty of common assault; the jury thought prisoner had strong provocation.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Saturday, January 11.)
STANLEY, Henry Thomas (43, taxi-driver), together with other persons unknown robbing with violence Myer Goldberg and stealing from his person one pocket-book and divers large quantities of diamonds, his goods.
Mr. Muir, Mr. Travers Humphreys, and Mr. Boyd prosecuted; Mr. Purcell and Mr. Tristram Beresford defended.
Police-constable WILLIAM COOK, 405 S, produced plan of the neighbourhood of Victoria Park Road, Mare Street, and the "Triangle," public-house, Hackney.
MYER GOLDBERG , 18, Victoria Street, Victoria Park, diamond broker. I can speak very little English. I get diamonds from merchants abroad and sell them in this country. I carry them in a wallet in my vest pocket, fastened with a steel chain to a button of my trousers. I usually leave them in the Chancery Lane Safe Deposit when I have done my business for the day; sometimes I take them home. On Thursday, November 14, I took my diamonds, worth £1,350, home, because I intended going to Antwerp that night. Many people knew I was going to Antwerp. In the evening I usually go from Chancery Lane or from Hatton Garden to Aldgate, and by tramcar through Whitechapel, Cambridge Road, Mare Street, and alight at the "Triangle," Hackney, which is close to my home, getting home at about 6 p.m. I did so on November 14. As I was walking down Victoria Street to my house three or four men, who came from a taxi-cab which I noticed waiting three doors from my house, seized me by the throat and arms. I started to scream; they closed my mouth with some soft stuff. They broke the chain and took my wallet containing my diamonds. They rushed into the taxi-cab; I followed; they threw me out. The driver started the taxi, but I jumped up by his side on the footboard and shouted "Police!" The driver, who was the
prisoner, pushed me and tried to throw me off two or three times. One of the men inside the taxi-cab put his hand over the driver's head and tried to push me off. The cab in the meantime was moving slowly down the road. The men in the cab got out and ran away, leaving me and prisoner alone. At the corner of Gotha Street prisoner tried to push me off for half a minute. I waived my hand to a woman I saw looking out of a window. Prisoner then drove round the corner to the "Sir John Cass," public-house. I held on by the taxi-meter cable. When we reached the public-house people came out; I was screaming. The driver talked to them; they never took any notice of me, and I do not know what he said to them. My neck-tie was torn, I was hatless, and my waistcoat was torn. I had lost my walking-stick. Prisoner then drove to Mare Street, where we met a police-constable, who had some conversation with the prisoner, and then we went to the police-station. I was afterwards handed my hat and stick. I have not recovered any part of my diamonds; they were not insured.
Cross-examined. I was set upon directly I reached the taxi-cab. The thieves very quickly got my wallet, they quickly jumped into the taxi, I quickly jumped after them, and they as quickly pushed me out. I do not remember whether prisoner spoke to me. I did not catch hold of the driving wheel. It was all done very quickly. I was very much excited. The driver stopped at the first policeman we came to; I shouted "Police!" and he stopped. I told the licensee of the "Sir John Cass" that I had been robbed. The diamonds were not mine; I travel on commission for a firm in Antwerp. I always go home between 5 and 6 p.m. It was a very quiet struggle.
HENRY MORRIS , 26, Victoria Street, coffee-stall keeper. On the evening of November 14 I was resting on my bed in the front room when I heard a taxi-cab draw up. My windows were closed. I heard a man coughing; it lasted a minute or a minute and a half. The man seemed to have a very bad cough; he seemed to be struggling for breath. and nearly strangled. I got up, looked out of the window, and saw a taxi-cab by the side of which three or four men were struggling. I think the engine of the taxi-cab was running. They appeared to be trying to put a man into the taxi. The taxi moved slowly on, the men still struggling. I saw one of the men get out and walk back along the road. It was too dark to see what happened to the taxi. I went down to the street door, and saw the cab disappear round the corner. I think altogether from the time of the cab stopping opposite my house to its reaching the end of the street was about 15 minutes. When the cab turned into Gotha Street I heard a cry like "Murder!" but I could not say that it was "Murder." Two or three others were looking on.
Cross-examined. The struggle went on at the side of the cab behind the driver. The struggle was very quiet indeed, apart from the groaning it might not have attracted the attention of the driver. It did not occur to me that there was anything wrong. I thought it was a lunatic being taken away. I heard no shouting of "Police!" at all; the only cry I heard was that which sounded like "Murder!"
JAMES DEE , 220, Mill Fields Road, Lower Clapton, lamp trimmer, Hackney Borough Council. On November 14, at about 5.40 p.m., I saw three men standing at the corner of Victoria Street and King Edward Road. I attended to the lamps to the end of King Edward Roard and returned. About 12 yards down Victoria Street I noticed a cab standing at the side of the kerb, and three or four men struggling at the side of the cab. I could hear a groaning, a shouting, and a raving. It looked as if a lunatic was being taken off. I walked towards the cab, but before I got there the cab shot off towards Gotha Street. As it moved down Victoria Street three or four men were struggling on the side of the cab, the doors of which were swinging open. The cab was going in a zigzag, wobbling way. As it reached Gotha Street, the cab almost stopped and a well-dressed man jumped from the cab, walked passed me, and passed a remark to me. The cab disappeared round the corner. I picked up a stick, a bowler hat, and a tie, which I afterwards handed to the police.
Cross-examined. I heard a gurgling sound when the struggle was going on; it was not loud. It was the sort of noise you could not make head or tail of. I did not attach much importance to the struggle; I looked at it more in surprise trying to think what was going on. I had no idea anybody was being robbed. It is a quiet street.
ARCHIBALD HAROLD BAKER , licensee, "Sir John Cass" public-house, Victoria Park Road. On Thursday, November 14, at about 6 p.m., I saw a taxi-cab standing outside my house with the prosecutor sitting on the front shouting, "Police! Police!" Prisoner, who was the driver, was standing on the pavement. Prosecutor had no hat on and seemed very dishevelled round the neck, his collar was gone and his waistcoat open. I said to prisoner, "What is the matter?" He said, "I am trying to get this man off the front of my car, he is damaging the meter." I said, "The gentleman will not leave the car and he is calling for the police, so you had better go for a policeman." Prosecutor was still calling out. "Police." Prisoner said, "Where can I find the police." I directed him to the corner of Mare Street. I said, "There is sure to be one near the woodyard." Prisoner jumped on to the cab and drove in that direction.
Cross-examined. I could not understand anything prosecutor said, except that he was shouting, "Police." He did not make me understand that he had been robbed. I thought that he had been in the cab with three or four others, they had a bit of a tumble, and had left him to pay the fare.
EMILY HOWARD , barmaid, "Royal Edward" public-house, Triangle, Mare Street. I know prisoner. On November 14 at about 5.45 p.m. he came into the bar with a tall fellow, whom I had never seen before. They both had brandy. They were there about two minutes; then the tall man paid and left; prisoner followed.
Police-constable CHARLES CHENERY, 338 J. On November 14 at about 5.45 p.m. I was on duty in Mare Street near Cambridge Heath Canal Bridge, when I heard a shout of "Police," and saw prisoner driving a taxi-cab; prosecutor was by his side shouting. Mr. Goldberg had no hat or collar, his beard was bleeding. As the cab slowly
passed I jumped on the front and said to prisoner, "What is the matter?" He said, "Nothing, governor; I want this man off my cab; I have just set three down and have not got my fare." Prosecutor said something which I could not understand, and pointed to his mouth and to the driver. He then produced a chain and snatched at the end of it to make me understand that something had been snatched from it. I said to prisoner, "There is something very much wrong here. As I cannot understand this man you will have to both come to the station." Prisoner said, "Surely you do not want me, take the number of the cab." I said, "No, that will not do, you must come to the station." Prisoner said, "All right, you get in and I will drive you both to the station." Prosecutor and I got in the cab, and prisoner drove us to the police-station.
Cross-examined. The cab was going very slowly when I first saw it. Prisoner did not say anything to me about the cable of his taxi-meter. I reported the conversation to Inspector Haigh when I got to the police-station; I did not write it down. I did not hear prisoner say anything about a scuffle having taken place.
(Monday, January 13.)
Police-sergeant ERNEST JOHN YOUNG, J Division. On November 18 or 19 I made a house to house inquiry in Victoria Street to get evidence with regard to this case.
Cross-examined. I found that two other neighbours, both women, came out of their houses with Morris and saw part of what was going on. I did not take statements from them because I did not consider their evidence would be of service either to prisoner or the prosecution.
SAMUEL HENSON , 20, High Street, Kingsland, tripe dresser's manager. I have known prisoner for thirty years or more; we were boys together. He casually calls at my shop to see me. On Wednesday, November 13, at between 6 and 7 p.m. he called. He was not sober; he had been drinking. He had his cab outside, and we talked together as I served the customers. He said, "Sam, I have been disappointed to-day. I thought I was on a good thing." I said, "What do you mean?" He said, "I had a job to drive some of the boys to a diamond robbery to-day, but they had got a wire that the man had not got the goods with him," or "stuff with him," or words to that effect, "so it did not come off. Listen to this, there is a man who lives not very far from here in this district who walks about with a thousand pounds' worth of diamonds on him, and when he comes home of a night only has a penny ride," which seemed to affect the prisoner, I thought. I said "This is rather dangerous ground you are treading, Harry." He said, "Yes, but there will be no violence or murder, I bar that sort of thing, you know, just a little shake up or a hustle." I do not know exactly the words, but it meant that. I said, "Why do not you turn up the beer and go straight, you do not want this." He said, "This job meant a hundred pounds to me." We had a little conversation about ordinary topics, and he went away.
Cross-examined. All the time I have known the prisoner so far as I know his conduct has always been straight and honourable. He has been a licensed driver about 22 years. About 20 customers came in while prisoner was speaking to me; I had to serve them and give them their change. Prisoner stayed about 20 minutes. Our conversation was very frequently interrupted. I took very little notice of it; it struck me as being rather extravagant. I thought it was a joke. I told it as a joke first to my men and afterwards to my wife over the supper table. On Sunday, November 17, I saw an account of the robbery in the paper; it did not mention the prisoner or a taxi-cab. I did not go to the police; they came to me. Prisoner made that statement to me in spasms. He did not say anything about being employed by a diamond merchant to drive him about or that he had a good job for some diamond merchants, and that if he looked after them and suited them he should be all right if he wanted £50 or £100. He did not say, "That will help me with the taxi," or anything of the kind. Prisoner is buying his taxi-cab on the hire purchase system. He did not say that his employer, the diamond merchant, did a lot of business with a gentleman in Mare Street, Hackney, and they would want him three or four days a week.
Divisional Inspector ERNEST HAIGH, J Division. Shortly before 6 p.m. on November 14 I was at Hackney Police Station when police-constable Chenery brought prisoner and prosecutor in. Prosecutor's clothing was torn and disarranged; he had lost his hat, collar, and tie; he had abrasions on his hands; and there was blood oozing from his mouth. He appeared to have been very roughly handled. I saw a broken piece of chain hanging from his trousers. He spoke in very broken English, but from what he said in the presence of the prisoner I gathered he complained of being robbed of a wallet containing loose diamonds, and that prisoner had tried to push him off the footboard of the cab. Prisoner made the following statement, which I took down in writing and produce: "November 14, 1912. Statement of Henry Thomas Stanley, 20, Cloudesley Place, Islington, taxi-driver, badge number 5798. I own my own cab, which I am acquiring by purchase. At 4.45 p.m. this date I was with my cab at King's Cross, near the corner of York Road, when I was hailed by three men, who were standing outside the 'Victoria' public-house. The tallest man of the three directed me to drive to the corner of Mare Street and Victoria Park Road, and said that he would direct me then where to go. They all got in the cab, and I drove by way of the 'Angel,' Duncan Terrace, Rosemary Branch Bridge, and across the London Fields to Mare Street. At the corner of Victoria Park Road I stopped. They all got out; two walked away; one got into the cab again and told me to drive round the first turning on the right to the first house on the left and wait a couple of minutes. I drove as he directed and waited. They paid me nothing. When I got to the place and stopped the man got out of the cab and walked up and down as though waiting for somebody. All at once I saw him and about six or eight others I had not noticed before scuffling together on the pavement. There were shouts
of "Help," and suddenly two or three men jumped into my cab, and Mr. Goldberg jumped on to the front and shouted "Police." He seized hold of the cable of the taxi-meter, and I told him to let it go and get inside, and said we would drive to find a policeman. The tall man who had come from King's Cross was on the footboard on the offside of the cab; he fell off on to his back, jumped up, and ran away. All the others jumped out, and I drove round with Mr. Goldberg to the public-house, I think it is the 'Sir John Cass,' and there asked someone to find a policeman, but they did not do so. So I drove with Mr. Goldberg till we found a policeman near the canal bridge in Mare Street, to whom I told him what had happened. I should know the tallest of the three men again. He is about 36 to 38 years old, dressed well; he had a dark moustache of medium size, was wearing a dark overcoat and bowler hat. The second one was five feet eight or nine inches in height, about the same age, and he had a fair moustache. The third one was about five feet six or seven inches, clean shaven. One was wearing a cap, but I am not at all sure of their dress. They were not foreigners and there was nothing extraordinary about them I could have caught one had Mr. Goldberg let me try, but he seized the steering wheel of my cab, and I could not get away. By the time I had got control the men had disappeared in all directions. I ply for hire usually in the King's Cross district, particularly near the Great Northern terminus, and know many of the local thieves. These men I have never seen before. Signed Henry Thomas Stanley." I read that statement over to the prisoner, and he signed it and said it was correct. He also told me that his fares had bilked him of 9s. 2d. I looked at his taxi-meter, it stood at zero; the taxi-meter cable was broken. The flag stood "For Hire." The journey from King's Cross to Mare Street by the route prisoner described would only cost 2s. 4d. I told prisoner I did not consider there was enough evidence to justify my charging him with any offence, and I allowed him to go. Further information afterwards came to my notice, in consequence of which I sent for prisoner. On November 29, at about 7 p.m., he was brought into the Hackney Police Station by Sergeants Tanner and Young. I said to prisoner. "During the past fortnight I have been making enquiry into the diamond robbery at Hackney and from facts which are now within my knowledge I am not satisfied with the story you told me when you were here last. I find that you were with some men at the "Royal Edward" public-house, near the scene of the robbery, a night or two before it occurred, and I also find that on Tuesday or Wednesday night before the robbery you made a statement in conversation with a Mr. Henson, of Dalston, in which you told him all about it. You may if you wish, make any explanation you desire, but you will now he detained pending further inquiry, and you will probably be charged." He said, "I told you all I knew; I never saw the men before in my life." On November 30 he was charged, and made no reply. Afterwards he said, "I should like to tell you something." I said to him. "If you do I must write it down, and shall put it before the magistrat whether it is in your favour or against you, but you must please
yourself entirely." He said, "I want to tell you all I know." I then wrote down another statment from his dictation: "On the Tuesday before the robbery occurred I received a message from my wife that Bert Howe, who sometimes looks after the cab-rank at High Street, Islington, wanted to see me as he had a job for me. I went to see him at a coffee-shop near the Grand Theatre, Islington. He said, 'I have got a good job for you, a diamond merchant, a Continental man,' who would see me all right. He then took me to Queen's Square, Bloomsbury, where's Howe's companion left me near the 'Hole in the Wall' public-house, and went to a little beerhouse near by and brought a man back with him. Howe was accompanied by a man named either 'Smith' or 'Hall.' The strange man asked me if I wanted a job, and I said 'Yes.' He said 'All right, meet me to-morrow outside the 'Inns of Court Hotel' about two o'clock.' I kept the appointment, but the man did not turn up, but another did. He asked me if I had been engaged the previous day in Bloomsbury, and I said 'Yes.' He said, 'Then drive me to Bedford Row,' which I did, and waited. Then another man joined us, and they directed me through London to the public-house opposite the Triangle, Mare Street. They invited me to have a drink, and I did so. One went away, came back soon, and they then discharged me after paying my fare. Neither of those two are the men I drove to the same place on the Thursday night following. I wish to say this voluntarily, as it might aid me in my defence." Prisoner signed that in my presence. He then said, "When I got there on Thursday with the men I picked up at King's Cross all the mob were there, but I cannot say whether the men I drove on Wednesday were among them or not; they might have been." He was searched in my presence. On him was found his pocket-diary (produced), in which, under date November 14, there is "Bilker, 9s. 2d." Under date of Sunday, November 17, is "Rec. Cr 100—0—0." I have seen prisoner write; I should say those entries are in his handwriting. I went to prisoner, who was in the cell, and said, "I have found this entry, which looks like a memo of the receipt of money." I showed it to him. Prisoner said, "I do not know what it means." I also found on him county court summonses issued against him (produced).
Cross-examined. Prisoner has been a cab-driver for some 22 years; no charge of dishonesty has ever been made against him before. He has been dealt with for negligent driving, and his license has been suspended for being drunk in charge of a motor-cab. Of course, the 9s. 2d. fare might have been caused by his having to wait. Two officers were told off to watch prisoner's movements; they did not notice anything suspicious in his movements. It is very difficult to watch a taxi-driver.
HENRY THOMAS STANLEY (prisoner, on oath), repeated the account contained in his two statements to Inspector Haigh. When the scuffle took place with prosecutor I did not know what was the matter. I said to him, "What is the matter? Tell me what is the matter." A man
behind me punched me, and prosecutor hit me in the face; I hit him back in self-defence. Baker's account of what took place at the "Sir John Cass" is correct. My clock registered 9s. 2d. for this ride and the waiting about. I put the flag down when I went into the police station. I have know Mr. Henson all my life; he is not a man to tell a lie about me; he has nothing to make him. I called on him on November 13; we got talking of one thing and another. I said, "I have just had a nice job; I have just set down close by here. I had a job given me the other day for some diamond merchants, they were supposed, but I do not think much of them the way they have served me to-night. I expected more than what I have got. I was engaged to take these by another man to Mare Street, Hackney. They had business with a man in Mare Street, Hackney; they very often meet him as he comes home on a tram. He is a man that has had thousands of pounds worth of stuff on him by all accounts from what I know of it, and he does business there with them, and if I treat them all right and look after them I shall be all right if I want to borrow a bit—£50 or £100." Mr. Henson has given an incorrect account of what I said. Book produced is my diary. When I was in the cell Inspector Haigh spoke to me from outside through the hole in the door. He said, "I have got your diary here; I have got what looks like £100 in it." I said, "I know nothing about £100." I did not see the book properly, nor did I understand what he meant. Between the first and second noughts of the "100—0—0" there is the blue-printed vertical line of my diary. The entry really is "£10," and refers to £10 which my mother lent me on Sunday, November 17. I wrote it in a public-house; by an error I put four noughts instead of one. "Rec. C" means "Received credit." When I drove these men to Mare Street, Hackney, I had no idea they were contemplating a jewel robbery.
Cross-examined. At the time of the robbery I owed a money-lender about £5; I was £25 behind in my taxi-cab instalments. When I had the conversation with Henson I was not the worse for drink; I was capable of driving the car anywhere; I suppose I had had about three whiskies. Henson is mistaken; he can have no ill-feeling against me. I should think the men I drove to Hackney on Monday, November 12, were associated with the men I drove to Hackney on Wednesday, November 14. That did not occur to me when I made the statement to Inspector Haigh. I did not explain the "100—0—0" entry when it was mentioned at the police court. I left my defence in the hands of my solicitor. I think I told the licensee of the "Sir John Cass" that there had been a scuffle.
(Tuesday, January 14.)
Verdict, Guilty. "We ask your Lordship to take into consideration the fact that this man has up to this time been an honest man, and
that he has succumbed to the temptation of what was a very large sum of money to a man in his position."
Sentence: Eighteen months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, January 11.)
MASTERS, Leonard (48, no occupation), and CAMERON, Joseph, otherwise known as Robert Ratcliff (44, journalist) , (1) both conspiring together and with others unknown to defraud Samuel Smith Seal and the National Guardian Investment Company, Limited, and William Christian Salamé and obtaining by false pretences from said S. S. Seal an order for the payment of £50, and attempting to obtain by false pretences from the said National Guardian Investment Company, Limited, and William Christian Salamé an order for the payment of £400 and £400 in money, in each case with intent to defraud; (2) both forging and uttering, knowing the same to be forged, the acceptance of a bill of exchange for £400, with intent to defraud; (3) both forging and uttering, knowing the same to be forged, the acceptance of a bill of exchange for £500, with intent to defraud; (4) Masters forging and uttering, knowing the same to be forged, the acceptance of a bill of exchange for £200, with intent to defraud; (5) Masters conspiring and agreeing together with divers other persons whose names are unknown to defraud the National Guardian Investment Company, Limited, and William Christian Salamé and obtaining from them by false pretences an order for the payment of £185, with intent to defraud.
Prisoners pleaded guilty to the first indictment, and the others were not proceeded with.
Cameron confessed to a previous conviction at the Manchester Assizes on November 21, 1908, of felony, and other convictions were proved.
Sentence (each): Eighteen months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Monday, January 13.)
Mr. Travers Humphreys and Mr. Adrian Clarke prosecuted: Mr. S. John Hutchinson defended.
GEORGE PEASE . At the mortuary in Horseferry Road I identified a body as that of my wife; her full name was Helen Rose Caroline Pease. She was 38 years old. We had not been living together for some years.
Police-constable PERCY ATTERSOLE, E Division, proved plans for use in the case.
HARRY BURNSTOCK . I am deputy manager at 7 and 8, White's Row, Spitalfields; they are registered common lodging-houses; No. 7 is for single men, No. 8 for couples. On Saturday, November 16, at 11.30 p.m., the deceased woman, accompanied by a man I know as Patsy O'Shea, came and asked for a room, offering one shilling; it being a Saturday I told her the price was 1s. 6d.; they went away. Twenty minutes later she came again and paid me 1s. 6d.; I allotted her room 25 in No. 7; I gave the key of that room to the night watchman, Watkins, and he went away with the woman. Nos. 7 and 8 are separated by an iron gate. I locked this gate at 2.30 a.m. and unlocked it about 5.30. Just after noon on the Sunday Mrs. Rogers spoke to me. I went to room 25 in No. 7 and saw the body of deceased lying on the bed. I did not know her or the prisoner.
Cross-examined. The woman had on a cap and a coat and a fur similar to this (Exhibit 6).
PATSY O'SHEA , costermonger. I came out of the Camberwell Infirmary on November 16 and met deceased. After having several drinks we went to 7, White's Row; as I had only 1s. in my pocket we did not get a bed. We went and had another drink; I left her and went back to 8, White's Row; I got a bed for 4d. and stayed the night there. I last saw deceased outside the "Queen's Head." On the Monday I was arrested for the murder; at the second hearing I was discharged.
JAMES HENRY FRENCH , deputy at the common lodging-house, 30, Duval Street, Spitalfields. About 12.40 a.m. on November 17 I was standing in my doorway when prisoner came to me; he showed me this fur (Exhibit 6) and said, "Let me go in and sell this fur." I said, "You can't go in; they are all a bed." He said, "The single woman's is down there," and he went to 35, Duval Street. Ten minutes later I saw him with a woman; he was talking with my missus in our office: he gave his name as Parkes. The woman he was with I know as Ada Paul. He paid my wife 1s. 6d. and I allotted him and the woman room No. 7. Afterwards I saw a strange woman leave with a hat and this fur, and I took the fur from her.
Parkes. Twenty minutes later the woman came down and wanted to go out; I would not let her, because we don't open the doors till six o'clock. At half-past six she came down again. I went up with her to room 7; there was no one there; I saw her pick up the fur (Exhibit 6). I afterwards identified prisoner as the man who was with Ada Paul.
ADA PAUL (an "unfortunate.") In the early morning of November 17 I was in Commercial Street when prisoner spoke to me. I went with him to 30, Duval Street; he paid for a room. He promised to give me 1s. 6d. In the room he felt in his pockets and said he had been robbed and had got no money. I said, "I can't stop here if you have no money." He then took from his pocket this fur (Exhibit 6) and offered it to me; I refused to take it. I went down to Yardley in the kitchen. Afterwards I went up with Yardley to room 7; there was no one there. I saw the fur there, also a little bag with two spoons in it. I put the fur on and took the bag; the bag I burned and I sold the spoons for a penny. I wore the fur for a day or two. After that I used the house again and left my hat and the fur in the kitchen.
ANNIE MAHONEY , attendant at 35, Duval Street, a common lodging-house. About 1.20 a.m. on November 17 prisoner came into my kitchen; he produced Exhibit 6 and said, "Who wants to buy a fur for fourpence?" I said, "I dare say you have taken that off of some poor creature," and told him to go, and he left.
Police-constable FRANK WELLER, 193 H. About midday on November 17 I was fetched to 7, White's Row, and in room 25 I saw the dead body of a woman. I had known her by the name of "Darkie," and had frequently seen her before; she was a prostitute. The body was naked; there was blood on the bed, furniture, and on the wall.
Detective-sergeant GEORGE JORDAN, H Division, who went to room 25 about 12.45 p.m on November 17, produced articles of clothing which he found there: they were bloodstained, still damp with blood.
KATIE WEBB , sister of Inspector Webb, Commercial Street Police Station. Just before one o'clock p.m. on November 17 I saw a man (whom I cannot identify) come to the steps of the station and leave there a piece of paper.
Police-constable THOMAS D. LANE, 334 H, said that he picked up from the steps of the station this letter (Exhibit 9): "The super, of Commercial Police Station. Sunday. Dear Sir. I want you to send one of your officers to White's Row, and there up in the top room you will find the body of a woman. I strangled her in the early par
of this morning. This is the second woman I have done in. After this I will tell you more about it when you catch me. Yours truly, I.P.O.W. I am started on the road now for W. W."
WILLIAM CHANDLER , superintendent of casual ward, West Ham Workhouse. About 6.40 p.m. on November 18 I admitted prisoner to the casual ward; he gave the name of Isaac Parkes; he was sober. Early next morning I saw him in the corridor and he said he wished to speak to me privately. He said, "I am the man they want for strangling a woman in Margaret's Buildings, Spitalfields. I met the woman and she asked me if I was going to treat her; we had two pints then she asked me if I was going home with her; I said, 'Yes': she said, 'You know what you will have to pay'; I paid 1s. 6d.; then shortly after I found my money gone; I said, 'If you don't return the money I will strangle you,' and I did. I could not sleep. I have been walking about all night." He handed me (Exhibit 10) a foreign telegraph form, addressed to "Commercial Street Police: "I am the murderer of little Darkie, not her husband. I. P."
Police-constable WILLIAM EVE, 195 J. On November 19 I went to West Ham Workhouse and saw prisoner. He said, "I want to give myself into custody for the murder at Spitalfields." On the way to the station he said, "I got my money on Saturday and met this woman, and she asked me to go home with her; we had several drinks, and when I woke up I found my money was gone; so I strangled her on the bed about one o'clock on Sunday morning; when I was leaving I saw the doctor and the policeman following him in."
Sergeant ERNEST HILTON, J Division. I was at Leytonstone Police Station when Eve came in with prisoner. Eve said, "This man has told me he wants to give himself into custody for the murder at Spitalfields." I said to prisoner, "You quite understand"; he said, "Yes, I done it." He was then cautioned and made a statement, which was taken down in writing and signed by him.
Detective-inspector FREDERICK WENSLEY, H Division. On November 18 I arrested Patrick O'Shea. On November 19 I saw prisoner detained at Leytonstone and took a statement from him. In reply to the formal charge of murder he said, "That is quite right." I have for years been accustomed to compare handwriting. Looking at Exhibit 10 and at prisoner's signature to the statement made in my presence I should say that Exhibit 10 is in prisoner's writing.
JOHN CLARKE , Divisional Surgeon. I saw the body of deceased about 12.45 p.m. on November 17; she had then been dead about 10 or 12 hours: the face was very congested and swollen; the tongue was protruding; there was frothy blood issuing from the nostrils. I formed the conclusion that the cause of death was strangulation, and this opinion was confirmed by post-mortem examination.
Verdict, "Guilty of causing the death of the woman, but without unlawful intention."
Mr. Justice Darling said that this was no verdict; he discharged the jury from delivering a verdict, and directed that the case should stand over till next Sessions.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 13.)
Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett defended.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Tuesday, January 14.)
ROBERTS, William Arthur (50, accountant) , embezzling and stealing within six months, to wit, on March 28, 1912, the sum of £32 9s. 4d. and on July 10, 1912, the sum of £150 received by him for and on account of Aerators, Limited, his masters; embezzling and stealing within six months, to wit, on December 20, 1911, £69 14s. 4d. and on December 30, 1911, a valuable security for payment of £6 18s. 3d. received by him for and on account of Aerators, Limited, his masters; embezzling and stealing within six months, to wit, on May 12, 1911, £26 15s. and on May 16, 1911, £36 14s. 1d. and on May 16, 1911, a valuable security for payment of £1 14s. 1d. received by him for and on account of Aerators, Limited, his masters; being clerk and servant to Aerators, Limited, unlawfully with intent to defraud omitting and concurring in omitting certain material particulars from and making false entries in books belonging to his employers.
Mr. Travers Humphreys and Mr. E. C. P. Boyd prosecuted: Mr. H. Maddocks defended.
Prisoner was tried on the first indictment.
HERBERT EDWARD TAYLOR , secrtary, Aerators, Limited. My company has its head offices at Craigs Court, Charing Cross, and its factory and commercial offices at Edmonton, where prisoner, from August, 1902, to October, 1912, has been employed as chief accountant and cashier at a salary latterly of £330 a year. He had a staff of clerks under him; he received remittances which were entered in the sales cash book, and should be paid daily into the company's account at Cox's, Charing Cross. A subsidiary account was kept at the London Provincial Bank at Edmonton, which was fed by a weekly
cheque drawn on Cox's and drawn upon by prisoner for the payment of wages; it could also be used for the purpose of exchanging cheques to which prisoner or other clerks were entitled. In April, 1911, the company appointed A. G. Evans and Co., of 13, South Place, Finsbary, as their special agent in Mexico. Under agreement (produced) of April, 17, 1911, a sum not exceeding £150 was allowed them for advertisement in the first year. All the correspondence with them was conducted from the head office, and cheques would be drawn to them in Cox's Bank. In the private ledger there is a credit to Evans and Co. of £150 in prisoner's handwriting. In the loose-leaf ledger in prisoner's handwriting is an entry on December 31, 1911, to Evans and Co. £150, showing that the expense of £150 has been incurred by Evans and Co., and not having been paid for, it appears in the private ledger in the suspense account. I find no invoice from Evans and Co. for that amount or a cheque drawn in relation to it. Cheque (produced) on Cox and Co., No. 2113, "Pay advertising allowance or bearer £150," and is signed by "J. W. Ord, director," and prisoner as chief accountant; it is in prisoner's writing. The counterfoil has "Evans and Co. Draft £150, paid June 20." The cheque was dated "June 10, 1912," and has been altered to "July 10, 1912"; the alterations being initialled by prisoner. In the bought cash book on July 10 there is an entry "By Evans and Co., Draft £150," indicating that Evans and Co. had been paid that sum.
Cross-examined. Up till March 31, 1911, I occupied the position which prisoner afterwards succeeded me in at Edmonton; I then became head of the advertising department. Mr. Rudston-Reid, managing director of Aerators, Limited, is by far the largest shareholder. He is also managing director of Reid and Campbell, in fact, he practically is Reid and Campbell. Since last July I have been employed by and paid by Reid and Campbell; they have been Aerators' advertising department since last July. It was the duty of prisoner every week during the summer season to send me a blank cheque drawn on the current account at Cox's; those cheques I used to pay persons taking part in out advertisement demonstrations. Prisoner sent me these blank cheques because I had not a cheque-book; he sent me eight or nine of such blank cheques. There would be no record on the counterfoils of those cheques. They were filled up by me, signed by a director, cashed over the counter, and the proceeds were sent by registered letter to the individual demonstrators. At the end of each week an account was sent down to prisoner from which he should have filled up the counterfoils. In prisoner's counterfoil cheque-book there are four counterfoils dated "June, 1912," evidently in mistake for "July, 1912," which have been altered to "July, 1912"; the following cheques are blank except for the date and the word "Demonstration": June 8, No. 2083; June 29, No. 1912; "H.E.W.T. for demonstration," in prisoner's handwriting; June 20, No. 2059; June 6, No. 2027; May 30, No. 2010; May 23, No. 1990; May 16. No. 1980, with my initials in prisoner's handwriting; May 10, No. 1972. As to all those cheques I could not say without looking at
the records whether I gave prisoner the materials for filling up the counterfoil or not; the assumption is that I did. It was the prisoner's duty to file the accounts I sent to him to enable him to fill in the counterfoil. (The Recorder directed the witness to make inquiries to see if he had sent prisoner materials for filling up the counterfoils of these cheques.) I have not recollection of the prisoner ever having complained that he could not get from me the materials to enable him to fill up these counterfoils. If he did complain in writing, his complaints would be filed in the staff note book, which I produce. (Witness was referred to staff notes of April 19, May 9, May 10, and May 16.) I cannot say whether I ever referred prisoner to Reid and Campbell for these particulars; if I did it was after July 26. These cheques when returned from the bank would go to Edmonton; it being the practice to paste returned cheques on the corresponding counterfoils. At Edmonton prisoner had very varied duties and very wide authority on behalf of the company. Prisoner has properly paid small amounts on small transactions out of the Edmonton banking account. If he has paid any remittances into it he has done so improperly. I produce the official description of prisoner's duties.
(Wednesday, January 15.)
JULIAN WALTER ORD , director of Aerators, Limited. I am also secretary to the Automobile Club, Pall Mall. On July 17, 1912, prisoner brought cheque (produced) to "Advertising allowance or Bearer £150," and at his request I signed it. I gave him no authority to deal with it except on behalf of the company.
Cross-examined. I may have signed other cheques at the request of prisoner on that day; I do not remember. Any cheques I signed I accepted the prisoner's explanation about.
WILLIAM SIDNEY DAWSON , accountant to B. Evans and Co., of Mexico, and South Place, Finsbury. Under agreement (produced) my firm was to spend £150 for advertising the goods of Aerators, Limited, in Mexico, payment of which my firm would receive on vouchers (produced) to Aerators. We have not rendered an account for £150 nor received £150 in respect of advertising.
Cross-examined. I have had no communication with my firm in Mexico with respect to the £150 in question. I should have known of it if the £150 had been paid.
JAMES FRANCIS STEELE , commissionaire to Aerators, Limited, Edmonton. I keep the staff time-book. Only July 10 prisoner arrived at the office at 9.43 a.m. and left at 11.16 to visit "City office, Mr. Ord, etc": that entry is in prisoner's handwriting. He returned at 3.23 p.m.
WALTER STREET , cashier, Cox's Bank, Charing Cross. Cheque (produced) of July 10 for £150, "Advertising allowance or bearer," was cashed by me on that date over the counter in gold. No banker's draft was purchased on behalf of Aerators, Limited, on that date for £150.
ERNEST MOYES , ledger clerk, Waterlow and Co., Limited, Great Winchester Street. At the end of 1911 a sum of £32 9s. 4d. stood to the credit of Aerators, Limited, in respect of an over payment by them. On January 24 prisoner wrote asking for our account, which I rendered, and, after some correspondence, on March 27 I forwarded cheque (produced) on the Union of London and Smiths Bank in favour of Aerators, Limited, for £32 9s. 4d. It is now endorsed "Per pro Aerators, Limited, W. A. Roberts, Chief Accountant." I got no receipt for the cheque, and on April 11 wrote letter (produced) asking for one, when I received receipt (produced) marked "Duplicate," and signed by prisoner. The receipt is No. 31679. It purports to be a duplicate of a receipt dated March 28. The cheque has been cashed by my banker, having been paid into the London and Provincial Bank, Upper Edmonton.
CATHERINE HAYDON . I have been a clerk under prisoner at Edmonton since June 20, 1911. I produce counterfoil receipt book kept by me. The counterfoil No. B31679 is blank, the preceding counterfoils are dated April 12, and those after it April 13. On April 13 I noticed that this counterfoil was blank and asked prisoner if he had used a receipt the day before and forgotten to fill in the counterfoil. He said, "Oh, no, you must have done it yourself." The receipt to Waterlow, No. B31679, dated March 28, corresponds with the blank counterfoil, and is in prisoner's handwriting. It is my duty to make out receipts for all remittances received. I referred to remittances received on March 12, compared them with receipts I had given, and found there was a blank counterfoil too many. I also inquired of other clerks and could get no information as to what had become of the receipt. I enter up the sales cash book; there is no entry of a remittance by Waterlow on March 28 of £32 9s. 4d.
Cross-examined. The letters are opened in another department, brought up and sorted by me into certain baskets ready to be dealt with by the prisoner; there would be several remittances. I enter all remittances and make out receipts.
WILLIAM MASSEY , cashier, London and Provincial Bank, Edmonton. I produce a copy of ledger account of Aerators, Limited, with my bank and of the waste book. On March 28 Waterlow's cheque for £32 9s. 4d., together with a cheque of Downey for £4 14s. 1d., was paid in as shown by paying-in slip produced to the credit of Aerators. On the same day cheque produced for £37 3s. 6d., signed by prisoner, was cashed over the counter.
Cross-examined. I had authority from Aerators, Limited, to cash cheques signed by prisoner and countersigned by another employee. There was no limit as to amount. It was not unusual for cheques to be paid in, and a cheque drawn for the same amount so as to obtain cash for cheques belonging to employees of the company.
Re-examined. I know of no other instance of customers' cheques being pid into Aerators' account.
director. I examined the system of bookkeeping carried out at Edmonton. Prisoner told me it was an invariable rule that all remittances received should be paid into Cox's Bank, Charing Cross. A rubber stamp was kept for crossing all cheques to Cox and Co. Paying-in slip by which Waterlow's cheque for £32 9s. 4d. was paid into the Edmonton account is in prisoner's writing. Cheque for £37 3s. 6d. of March 28 drawn "For Exchange" is also in prisoner's writing. All cheques received from customers should be entered in the sales cash book; there is no entry of £32 9s. 4d. on March 28 or at any later date. In the Edmonton bank account on January 22, 1912, there is a payment in of a cheque by the Cowie Engineering Company for £2 4s. 8d., which has not been entered in the books of the company. This cheque was paid in with two others, making an amount of £14 2s. 11d., as shown by paying-in slip in prisoner's writing. On the same date a cheque for £14 2s. 11d. "To Exchanged Cheques or Bearer," was drawn by prisoner and cashed over the counter. The other two cheques are duly entered in the sales cash book, but the one for £2 4s. 8d. is not. A cheque of C. H. Webster, a customer of the company, for £1 14s. 1d. on June 15, 1911, has been dealt with him in the same way. There is no entry in the books of the company of the receipt of these amounts. In the beginning of October, while prisoner was away on his holiday, I examined the books. On his return I said to him, "You are responsible for the accounts. Certain irregularities have come to my notice in connection with the accounts which will require investigation. These had better be adjudicated on in your absence, and I am deputed by the board to suggest that you take a further week's holiday. I will let you know when you are wanted." He expressed considerable surprise, and said, "If there is anything that wants explaining I am quite willing to do so." I did not agree to that suggestion, because I wanted our own accountants to examine the books and confirm my own view. I put the books in the hands of Messrs. Jackson Pixley and Co., who made a report to the board, in consequence of which the present proceedings were commenced and the prisoner was arrested.
Cross-examined. Neither at the time nor since until the books now appear in court have I given prisoner an opportunity of explaining the irregularities. The advertising department is very extensive—between £10,000 and £20,000 a year. Mr. Rudston Reid is the largest shareholder and managing director in Aerators; he is also the principal shareholder and managing director of Reid and Campbell, by whom our advertising is conducted. I am also advertising manager to Reid and Campbell. On July 10, 1912, Reid and Campbell had nothing to do with the advertising of Aerators; they commenced their connection with it under agreement of July 26, 1912. I have managed the advertising for a number of years. A large number of cheques for Demonstrators were filled in by me, cashed, and the amounts sent by postal order, particulars being given afterwards to prisoner to be entered on the counterfoils. Cheques produced are drawn to "Demonstration" with the date and initialled by me. Some have not been entered. I said before the magistrate that latterly the payment of
small transactions from the local banking account had been allowed—it has been done by prisoner without authority.
HERBERT EDWARD TAYLOR , recalled. Christmas boxes to clerks and others and bonuses to heads of departments were paid by Aerators based upon the dividend paid during the year. Christmas boxes were dealt with at a board meeting shortly before Christmas; a special cheque was drawn on Cox and Co. for the exact amount and sent to prisoner. The bonuses were paid partly at Christmas and part at the end of March or in April. Separate cheques were drawn for the persons entitled.
(Friday, January 17.)
HARRY VAUGHAN RUDSTON-REID , managing director of Aerators, Limited. From October to December 30, 1912, I was in America on the company's business; I shortly afterwards went on the Continent and returned last Monday in consequence of a telegram that my attendance was required for this case. I never authorised prisoner to use cheque of Waterlow's for £32 9s. 4d. for the purpose of paying belated Christmas boxes. I know nothing about the cheque. I never authorised prisoner to use customers' cheques for any purpose; his duty was to pay them into Cox's Bank.
Cross-examined. Christmas boxes and bonuses were paid for by special cheques drawn on Cox and Co. Christmas boxes range from sums of 10s. or 20s.; they are paid in cash obtained from a special cheque drawn for the purpose. I initialled the lists of bonuses and Christmas boxes. Some would be paid in April on lists furnished by prisoner. I produce all lists so supplied for 1911-12; there are absolutely no others. There may have been some Christmas boxes omitted from the lists which were afterwards paid by prisoner.
Detective GEORGE HAREL, A Division. On October 24, 1912, at 11.30 a.m., I arrested prisoner at 30, Prospect Road, Walthamstow, on a warrant relating to another charge. He said, "I do not understand. It must be a mistake. Surely there must be some misunderstanding." I took him to Cannon Row Police Station, where he was charged, and in reply said, "It must be explained."
WILLIAM ARTHUR ROBERTS (prisoner, on oath). I live at 30, Prospect Road, Walthamstow. I entered the service of Aerators, Limited, in August, 1902, and left on October 16, 1912. I had control of the accounts and books under the supervision of Mr. Rudston-Reid; I was chief a countant, with 16 to 20 clerks under me; there was a very large volume of business and a great number of cheques to be entered daily. Cheque for £150 is in my writing, as are all cheques drawn on July 19, 1912; it is drawn to "advertising allowance"; the counterfoil is "Evans and Co. draft £150." I have no recollection of receiving instructions with regard to it. I received instructions as to advertising from Taylor or Rudston-Reid by telephone or staff note. The
telephonic instructions would be entered in a scribbling diary which was left on my desk when I left; it has not been produced. On drawing the cheques, if a director was not at Edmonton, I signed them and sent or took them to the City office. Mr. Reid or Mr. Graham would ask me for a cheque for £3,000, £2,000, or £1,500, which I would send; particulars were sometimes forwarded to me and sometimes not; they were charged to Campbell and Co., and the account put straight at the end of the year. Sometimes I got a record and sometimes I did not. I made frequent complaints to Reid, both veroally and in writing, with regard to the arrangement between the two offices and that the accounts were getting muddled. On July 10 I took a number cheques to Mr. Ord for signature, including the one in question for £150. A large number of cheques were drawn on July 10, four of which were dated in error "June 10" and corrected by me to "July 10"; they include a cheque for £3,000 to Reid Campbell and Co. I should leave that at the City office, but I have no recollection about it. I was asked by telephone that morning to bring a cheque for £150 and one for £3,000. I never cashed the £150 cheque at Cox's Bank; I did not know it had been cashed. In the private ledger, folio 259, there is an entry in my writing, "31 Decembr, 1911. By Evans and Co., Mexico, £150"; that is included in about £5,000 to be debited against profits; the auditors have passed it. There is about £15,000 paid for advertising during the 12 months; those payments were all dealt with by Mr. Taylor through Reid, Campbell and Co. In 1911 there was an overpayment to Waterlow and Co. of £77, which was reduced to £32 9s. 4d. I remember their cheque coming in; I presumed Miss Haydon had sent a receipt and when they wrote asking for a receipt I on April 12 filled up and sent the duplicate produced. Miss Haydon asked me about the blank counterfoil; I said I did not know how it was, having forgotten the circumstance, and it was never mentioned again to me. Under ordinary circumstances such a cheque would be paid into Cox and Co. It was brought to me by a clerk who said it was not in settlement of an account and it stood over in my cashbox with several other similar cheques for consideration. I afterwards cashed it as an exchange cheque as stated, put the money in the cash box, and used it to pay some Christmas boxes that had been omitted. I had a list of belated Christmas boxes on which was a note that they were paid by Waterlow's cheque of £32 9s. 4d. and other cash to make up the amount; it was in my roll-top desk when I left; that would stand over for adjustment in the accounts at the end of 1912. About £1,000 was allowed in the balance sheet for bonuses or gratuities paid to heads of departments; Christmas boxes are distinct from bonuses and are small payments to members of the staff, generally paid by me on the instructions of Mr. Reid out of cash; a number were paid after Christmas on lists made up at a later date. On October 16 Mr. Connell called me into his room. I had been away for my holiday. He said, "Are you responsible for the bookkeeping upstairs?" I said, "Yes." He said, "While you have been away my attention has been drawn to certain irregularities; you had better take a week's holiday while she investigation is going on."
I remarked that this was very strange, he had been there six weeks and I had been there 10 years, could not he tell me what it was and give me an opportunity of explaining. He said, "I will tell you nothing. If you are not out through that gate in 10 minutes you will be put out forcibly." I said, "Seeing that Mr. Reid has gone to America, I do not feel I should give up my place to you. Will you let me go and consult a solicitor in the City about my position before I give up my place." He said, "Once you go through that door the commissionaire will have instructions not to readmit you." I said, "If that is the case, here are my keys, you had better come with me to my room to see that I leave everything and that I touch not a paper or anything before I leave." He said, "Very well," and came to my room. I put on my hat and coat, left, and have never been there since. I was refused point blank all opportunity to explain my inaccuracy. I have repeatedly written to Mr. Reid and have received no reply. I never left my house for a week, expecting a letter from Mr. Connell as promised. The works manager Campbell lives opposite to me.
Cross-examined. It was the almost invariable practice to pay customer's cheques into Cox and Co. If I was short of money at any time it was in my discretion to cash a cheque at the local bank. It was quite within my authority to pay a cheque like that of Waterlow's (whch was in suspense) into the local bank and use the proceeds for wages or other needs of the company. The cheque of Webster for £6 18s. 3d. in payment for scrap, not an ordinary sale of goods, was dealt with similarly. There is no entry of that payment by Webster in any book up to the time I left. The omission to enter the receipt of the cheque was an oversight. I was under the impression that the cash repaying it had gone to the bank and therefore I exchanged it against cash. I cannot remember now how it came in. The cheque for £2 4s. 8d. was cashed quite openly—it was not entered, owing to an oversight on my part, I do not recollect why, and I never thought of it until it was brought to my attention the other day. I do not recollect receiving £61 14s. 4d. from E. J. Webster. The cheque of Waterlow for £32 9s. 4d. was sent out with other cheques to be entered; it came back to me as not the exact amount that was required and, like other cheques that did not fit in with an account, remained in my possession until I cashed it. It was not entered through my action and the sending of the receipt was omitted through oversight. It was cashed after the Christmas box list had been decided to be paid. When asked about the blank counterfoil receipt I had entirely forgotten using it. There was a list of £30 or £40 of belated Christmas boxes—they may not be entered because the transaction went through somewhat irregularly.
(Tuesday, January 21.)
The jury disagreed. The case was postponed till next Session, prisoner being liberated on bail.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, January 14.)
DRAWMER, George Bertie (49, clerk), KAY, Frederick Thomas (36, clerk), and HART, William John , all unlawfully conspiring and agreeing together to pervert and defeat the due course of law and justice; Drawmer and Kay conspiring and agreeing together to defraud Emily Bertha Drawmer ; Kay committing wilful and corrupt perjury, Kay forging and uttering, knowing the same to be forged, the endorsement on an order for the payment of money, with intent to defraud; Kay forging and uttering, knowing the same to be forged, a certain affidavit and a document intended to be used as evidence in a Court of Record, with intent to defraud.
Prisoners were tried upon the first indictment.
Mr. Bodkin, Mr. Graham Campbell, and Mr. V. R. M. Gattie prosecuted; Mr. Muir and Mr. Adrian Clark defended Hart; Mr. Eustace Fulton defended Drawmer and Kay.
GEORGE GRAHAM LACEY , clerk, Writ Department, Central Office, High Court of Justice. I produce a specially endorsed writ, dated July 15, 1912, in an action between Frederick Martin, plaintiff, and G. B. Drawmer and Bertha Drawmer, defendants, claiming £360. I purports to be signed by W. J. Hart. I also produce an affidavit of service of the writ which purports to be sworn on July 23, 1912, by Frederick Thomas Kay, clerk to William John Hart, plaintiff's solicitor, in the same action. I produce a document relating to the judgment by default, which purports to be signed by W. J. Hart for £360 and £5 12s. costs. I produce an affidavit, dated July 23, 1912. purporting to be signed by F. Martin. There Martin is described as judgment creditor and Drawmer and his wife as judgment debtors. That was sworn in the course of an application for a garnishee order nisi. I also produce the garnishee order nisi, dated July 23, 1912, returnable on July 31, 1912, the London and South Western Bank, Limited, being the garnishees; the order nisi is subsequently made absolute and there is to be paid to the judgment creditor £357 16s. 3d.
Cross-examined. Proceedings in lunacy are somewhat lengthy and costly.
JOHN TURNER , medical superintendent, Essex Asylum, Brentwood. Emily Bertha Drawmer was admitted to the asylum as a patient on December 6, 1910, and remained there till August 22, 1912. From the visitors' book it appears that she had visits from her father, brother, sister, and friend. Apparently her husband did not visit her. In August, 1912, I had some correspondence with her father and on August 14 I received a communication from the Lunacy Commissioners. I made a report to them and on August 19 she was ordered to be discharged. She left the asylum on August 22.
Cross-examined. I have formed the opinion that Mrs. Drawmer's insanity was caused by excess of alcohol.
Bow. I was living at 84, Malmesbury Road two years ago. I have known Kay and Drawmer for about ten years. I did not give instructions to anyone to act for me in any legal proceedings. I first learnt that I was plaintiff in an action against G. B. Drawmer and his wife when Inspector Fowler called on me in connection with this case. I knew Drawmer when he was at the "Shakespeare" public-house, Downs Park Road, but not when he was at the "Durham Castle."
ARTHUR DAVID WEEDON , chief clerk, London and South Western Bank, Hackney. At the end of July, 1912, there was a credit balance of Mrs. Bertha Drawmer of £345 and accumulated interest of £12 16s. 3d. The account was opened by Mrs. Drawmer on September 4, 1903. The garnishee order (produced) was dealt with by the bank's solicitors.
WILLIAM ALFRED BROWN , father of Mrs. Drawmer. My daughter went to Brentwood Asylum about two years ago and stayed there till August, 1912. In that month something came to my knowledge and I communicated with the Lunacy Commissioners. I also sent for my son-in-law to discuss the matter of her coming out of the asylum and also what I had heard about money that she had had in the bank and which had been drawn out. I wanted to know what had become of her savings. "I know nothing at all about it except that I had had a writ served upon me. I have had none of the money." Defendant Kay is a nephew of mine. When Drawmer married my daughter I think he was a clerk with the same firm he is with now. Some twelve years ago I put them into the "Durham Castle" public-house in Seven Sisters Road, Holloway. I do not know where my daughter got the money she saved, but I have continually given her money and money's worth.
Cross-examined. I should think I gave her from £8 to £12 a year. It may be the opinion of some that in such a risky trade it is sometimes desirable to put money away in the wife's name, but that was not my experience with my wife. I think as I put my daughter into the "Durham Castle" she was justly entitled to a fair share of the makings. There was no agreement to my knowledge between the husband and wife. As to profits in a public-house, if they were doing £300 a month, the profits would be about £100.
WILLIAM SIDNEY HOWE , clerk to the solicitor to the London and South-Western Bank. A garnishee order was served at our head office on July 24, 1912, and I attended the Law Courts on July 31. I saw Kay in a room outside the Master's Chambers. I called the solicitor's name and he answered. He said, "Can we go in?" I said, "Has Mrs. Drawmer answered?" He replied, "No, she is not coming, but Mr. Drawmer is here." He also said we could do what we damned well liked. Drawmer was introduced to me, and he told me Mrs. Drawmer could not come. I did not know that she was in a lunatic asylum. Before the order was made Kay said that Martin was very fortunate in recovering so much, as this was part of trust money amounting to £600. He also said the £600 had been collected by Mrs. Drawmer for Martin. Later that day Kay came to the office and asked for the money, but I told him I could not pay it without
his principal's authority, and if he could not obtain that the money would be paid to Mr. Hart in the ordinary way. He said he would go and get the authority, because Martin wanted the money with which to pay certain bills. Later on he came back and produced a letter from Hart asking for the cheque to be paid over. I drew out a cheque for £357 2s. 11d. and made it payable to Mr. Martin, put it in an envelope, and gave it to Kay. I did not see Martin.
Cross-examined. I never saw Hart during the whole of the proceedings.
THOMAS EDWARD BINGHAM , cashier to the London and South-Western Bank, Fenchurch Street. We have a customer named William John Hart. On July 31, 1912, two cheques were paid into the account, one for £30 12s. 5d. and the other for £357 2s. 11d. On August 1 a cheque was presented in favour of F. T. Kay for £334 18s. 7d. and signed in the handwriting of Hart.
JOSEPH PUGH , manager of the London City and Midland Bank. 94. Fenchurch Street. Hart is a customer of ours. In consequence of certain information, I went to his office on October 10, 1912, and told him that a cheque had passed through his account which I had learnt had been fraudulently obtained. He said, "I really know very little or nothing about it. My clerk obtained this cheque and paid it into my account without my knowledge or consent. The clerk had a relative who had some money on deposit at the London and South-Western Bank, and he obtained the release of this money by means of a false affidavit, and this cheque was the proceeds of the deposit which was paid into my account. On the following day I signed a cheque inadvertently, in conjunction with others which had been placed before me, withdrawing money, but I really knew nothing about it until after the whole of the transaction was closed." He said that the lady in whose name the money was deposited was temporarily in an asylum.
Cross-examined. I could not swear that he said, "This cheque was placed before me with other cheques;" it is quite possible that he said "with other papers."
Inspector HENRY FOWLER. I arrested Kay when going into Harts office on October 21, and I read the warrant to him. He said, "I shall do nothing now." I arrested Drawmer on the same day, and he made no reply. When I searched Kay I found a Post Office Savings Bank book in the name of Bertha Drawmer. I served a summons on Hart on November 6, and he made no reply.
Cross-examined. The Post Office account had been in no way tampered with. Kay and Drawmer bear good characters.
Mr. Clark submitted that the prosecution had not made out a case against Hart and it ought not to be left to the jury.
Judge Lumley Smith said there was no evidence that up to July 31 Hart had taken any part in the matter. He therefore ruled that there was no case to go to the jury as against Hart.
Verdict (Hart), not guilty.
(Wednesday, January 15.)
GEORGE BERTIE DRAWMER (prisoner, on oath). In 1900, through Mr. Brown, I became manager of the "Durham Castle" public-house. I continued my work as a clerk and my wife looked after the house in the day. We were there for a year. All the money that was taken was put into the bank in Brown's name and I knew nothing whatever about profit or loss. It has been suggested that we made large profits out of catering, but that trade was practically nothing. I was then for three years licensee of the "Shakespeare," and the luncheon trade was not much better there. There was no arrangement that my wife should take the profits from the luncheons or that she should take part of the profits of the house. Some time while we were at the "Shakespeare" my wife gave way to drink. The first deposit of £150 which my wife made at the London and South-Western Bank was mine, and I gave it to her in order to save it in case I went wrong in the house. On June 22, 1904, I gave her another £150 in the same way; and on November 21 of the same year another £55. From time to time I gave her small sums. On December 6, 1910, my wife was certified insane and was taken to an asylum. Some time in last year I was in need of money and asked my daughter about the account at the bank and she handed me the documents. I discovered that there was about £355 standing in her name. I knew Kay was managing clerk to a solicitor and I instructed him to get the money. When the money was handed to me I thought it had been recovered by the ordinary process of law.
Cross-examined. I knew in 1907 that the money was in the bank. I admit that I got my mother-in-law to cash me a post-dated cheque for £5. I did not get the money from my wife because I did not wish to alter the deposit account while I could get the money elsewhere. I borrowed £5 from my mother-in-law in 1909. I did not tell Brown I had had this money because it was no concern of his. My daughter told me that her mother had said the money was for her and her brother George. I think Kay handed me about £334. I did not give back to Kay any of that money. I could not tell you now why I gave to Kay the Post Office Savings Bank book that was found on him. It was all my money.
Verdict, Drawmer and Kay, Guilty; the jury added, "We consider Drawmer was led away by Kay and he did not appreciate the seriousness of the way in which Kay acted."
Kay further pleaded guilty of perjury. The other indictments were not proceeded with.
Sentences: Kay, Twelve months imprisonment, second division, on each indictment, to run concurrently; Drawmer, One month's imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 15.)
HAMILTON, John (41, valet), stealing a valuable security, to wit, an order for the payment of £2 18s. 1d., and three pieces of paper, the goods of Margaret Carter, and feloniously receiving the same; forging and uttering, knowing the same to be forged, the endorsement on an order for the payment of money, with intent to defraud. Prisoner was tried on the first indictment.
Mr. Sydenham Jones prosecuted; Mr. Brinsby Nixon defended.
MARGARET CARTER , 32, Hyde Gardens, Eastbourne. About September 27 last I stayed as a visitor at Ulster Hall Hotel, Colville Square, Bayswater. I put my name and address in the visitors' book on leaving. Prisoner was waiter there. About October or November I expected to receive a communication from my brokers. I received a communication from them in November and was subsequently shown this cheque, which they had previously sent to me for £2 18s. 1d. I never received it. The endorsement is not mine.
SIDNEY WILSON KITCHEN , clerk to Pigeon and Stebbing, stockbrokers, 3, Copthall Buildings, E.C. On November 8 I sent the cheque (Exhibit 1) to Mrs. Carter, addressed to Ulster Hall Hotel. It was posted at about 6 p.m. It ought to have arrived by the last post or the first post next morning.
Cross-examined. The next I heard about the matter was November 12, when Mrs. Carter wrote asking when she was going to receive the cheque. I swear I myself posted the letter.
THOMAS HARRIS , secretary, Ulster Hall Hotel. Prisoner came into our employ about May last. He gave notice to leave and left on November 9 about 4 p.m. Part of his duties was to take letters from the postman, sort them, and put them into the letter rack. Letters which arrived for visitors who had left he brought to me to readdress. I have no recollection of receiving a letter late on November 8 or early next morning.
Cross-examined. Defendant was my head waiter. It was always the duty of the head waiter to bring letters to me or my wife unless he was absent in the afternoon. Other servants would be going to and fro in the hall. When he left I paid him 8s. wages due. He gave 10 days' notice.
previously asked if I could cash it for him. That was an hour before I said I could not get it cashed for him as I had not sufficient dealings with tradespeople. As far as I know it was not then endorsed.
Cross-examined. I did not scrutinise the cheque; I did not take sufficient interest in it. I do not think I noticed to whom it was payable. I have known prisoner about 24 years. I have always regarded him as honest. I have never heard anything against him.
KATHERINE JUDD , 92, Harrow Road. Prisoner brought the cheque to me on November 9 in the evening some time, and asked if I could change it. I said, Yes. I asked him where he got it. He said it was given him for his board, and I suppose his wages. I did not know his governor's name. I said if he got it endorsed I would get it changed for him, and he took it away and brought it back. That was on Monday, 11th, or Tuesday. He told me it was signed by the one the cheque belonged to at the boarding-house. I inferred that because he took it to have it done where he got it from. I thought he said he got it from his master. I got it cashed. I gave three days to get it cleared. I gave prisoner 18s. and took care of the £2 for him till I saw him again. He did not ask me to keep it.
Sergeant ARTHUR STRINGER, F. I saw prisoner at Victoria Mansions at 7.45 on November 17. I told him I was making enquiries about the cheque, and the substance of the charge, and that I should arrest him. He said, "Yes, I have been expecting you. The cheque was given me by a bookmaker. I did not steal it. I have repaid the money to Mrs. Judd, so I do not see how I can be charged."
(Thursday, January 16.)
JOHN HAMILTON (prisoner, on oath). I have not been in any trouble before. I was waiter at Ulster Hall Hotel about six months. During the time I was there I took no letter that did not belong to me. I did not steal the cheque. The cheque was given to me by a bookmaker I had a betting transaction with at Finch's, Portobello Road. I won £5. The cheque was given me in part payment. He said he had it from November 5. It was not endorsed. I first attempted to cash it with Mr. Tofts. I put it on the mantel shelf at my friend Tofts until such time as I got it cashed, along with some loose silver which I asked him to take care of. I took the cheque to Finch's in Portobello Road and saw the man who gave it to me and asked him to endorse it. I knew it had to be endorsed, because I have written many cheques out. I took it to Tofts, who said he would get it cashed through his baker. I said, "Mrs. Judd has promised to get it cashed for me." Mrs. Judd cashed it and gave me 18s. She asked me to lend her the £2. I said I did not want it. She took care of it for me. I put the 18s. in a drawer.
Cross-examined. It was not my duty to place letters in the rack. A maid takes the letters in every morning. Anybody took letters in and placed them in the rack. It was my duty to hand to Mr. Harris
letters that came for visitors who had left. I knew Mrs. Carter. I never saw a visitors' book while I was there. I did not trouble to look at the names of visitors. I had enough to do to execute my duty. I had the cheque on the evening of the 5th or morning of the 6th. I have heard that the cheque was not posted till the 8th. That is a mystery. I do not understand how the bookmaker got it. He said it was posted on the 4th.
Dr. DYER. I have had several conversations with prisoner. He is suffering from genuine delusions. He was in Hanwell Asylum for five years. I think he is insane.
Sentence: Four months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 15.)
Mr. Ince prosecuted.
EDWARD MCCARTHY , dock labourer, 22, Mayfield Buildings, E. I have known prisoner for about four months. I saw him at the corner of Short Street about 12 o'clock noon on Saturday, December 7. A man named Martin took us into the "Blankney Head," Cable Street, to have a drink. Prisoner asked me if I knew where his missus was, and I said I did not. He then left. In the evening, about 6.30, I was again in the bar with Rosie Fisher. Prisoner looked through the glass window and when Fisher saw him she ran into the men's lavatory; prisoner followed her, and I followed him. She came back into the saloon bar and prisoner attempted to cut her throat. He hit me on the eye and forehead with the knife (produced), which then fell to the ground. Fisher picked up the knife and ran out of the bar. Then prisoner picked up a glass water jug and hit me about the face and head with it. I fainted and was taken to the hospital. My hand was also cut as the knife fell.
Cross-examined by prisoner. You asked where Rose was and whether I had been living with her for two or three weeks. I did not pull a knife out.
Prisoner. I made a hit at her. She dodged, and I turned round and saw McCarthy with a knife in his hand. I said, "Oh, is that the game? I have got a knife as well as you." I pulled my knife out and made a hit at McCarthy, and it fell from my hand. Rose Fisher picked it up. I got him by the collar and took him to the counter and picked up the jug. Then I do not know what I did. I know I hit the man. I lost my head. This woman is the mother of my child, who is five years old.
four years and had a child by him. He left me about two months ago. On December 6 he came to my place at Tabard Street and asked me to go back and live with him, and I declined to do so. He said, "You are with Edward McCarthy." I said, "No." He then said, "I'll kill you and Edward McCarthy, too." He went away then, taking the child to his people at Canning Town. When I was having a drink with McCarthy on the following evening prisoner said to me, "Which do you want out of the two of us?" I replied, "I don't want you." He pulled a knife out of his jacket pocket and went to cut my throat. McCarthy got in front of me and prisoner marked him on the left eye and cheek. McCarthy had no knife.
Police-constable 477, H Division. On December 7, at 6.15 p.m. I went to the "Blankney Head" and saw McCarthy standing there with a large crowd surrounding him. He was bleeding from the face and right hand. I sent for Dr. Menzies, who dressed the wounds and ordered his removal to the London Hospital. Rose Fisher handed me the knife (produced); it was covered with blood.
Dr. JOHN MENZIES, house surgeon at the London Hospital, described the nature of the wounds.
Detective GEORGE HOUSDEN, H Division. On December 8 I arrested Wallace at a house in Canning Town. I said, "Wallace, I want you for wounding Edward McCarthy at Cable Street on Saturday night with a knife." He replied, "I did not do it with a knife. I struck at him with it and it fell out of my hand. Rosie Fisher picked it up and handed it to Ned and said, 'Do it on him, Ned.' As soon as I saw he had the knife I held him by the collar and struck him with a water jug that was on the counter. The jug broke when I hit him on the head or on the shoulder; I don't know which. Then I jabbed him two or three times in the face with the handle part. I thought that you would be after me. I was just writing to tell you where to find me. You see he cut my coat with a pocket-knife. My pocket-book saved me." At the police station I noticed he had some blood on his shirt, and he said, "I got that when I was holding his head against me."
JOHN WALLACE (prisoner, on oath) made a long statement as to his relations with Fisher and repeated his version of what happened in the saloon bar. He added that their child was blind and he was trying to get Fisher to lead a straight life.
Verdict: Guilty of unlawfully wounding under strong provocation, and with a recommendation to mercy.
Prisoner confessed to having been convicted at Thames Police Court, on February 23, 1910, for stealing 1s. 6d. from the person, and three other convictions were proved.
Sentence, Four months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Thursday, January 16.)
Verdict: Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, January 16.)
GORDON, George Charles (25, clerk), HARRIS, Daniel (46, carpenter), WILLIS, Henry (38, hairdresser), and HICKSON, Henry (40, fruiterer) , robbing with violence Eugene Edward Seyfang and stealing from his person one bag and £51, the goods and moneys of Richard Christopher Sennett and another, and feloniously receiving the same.
Mr. Muir, Mr. Percival Clarke, and Mr. Adrian Clark prosecuted; Mr. Fox-Davies defended Gordon Harris and Willis; Mr. Purcell defended Hickson.
Police-constable ALBERT TROTTER, 186 M, proved a plan.
Detective-sergeant JOHN BOUSTRED proved photographs of various places in the neighbourhood of Holland Street, Blackfriars.
EUGENE EDWARD SEYFANG . I am cashier in the employment of Richard Christopher Sennett and another, who trade as Sennett Bros., hatters' furriers, Castle Yard Factory, Holland Street. I have been with them nineteen years. I go every Saturday to the London City and Midland Bank, Blackfriars branch, for money with which the weekly wages are paid. I always go between 11.20 and 11.30. I take a black bullion bag. I went as usual on Saturday, November 2, about 11.20 or 11.25. I drew £90 from the bank mostly in florins and half-crowns and £1 bronze. The silver and bronze I put into the bag; £29 in gold I put in my right-hand trousers pocket. I locked the bag and put the key in my pocket. I was alone. After leaving the bank I proceeded to Sennett's office in the usual way along Holland Street to Epps's Cocoa Factory, which I reached about 11.45. There were few people about at the time. Just outside the door of Epps's works someone came behind me and enveloped my face with a paper covered with treacle. At the same time I was pulled or pushed over. I become momentarily unconscious. I did not know I had lost the bag till I took the plaster off my face. I did not notice anybody before the robbery occurred. I saved the gold.
Cross-examined by Mr. Fox-Davies. I said at the police court that I got to the bank about 11.30 and that I was there about five minutes. It would be about 11.40 when I got to Epps's. I do not pretend to identify any of the prisoners.
Cross-examined by Mr. Purcell. I had a very short time for observation. I cannot say whether I was attacked by one or more men.
ALFRED CHAMPION , electrical engineer, employed by the L.C.C. On November 2 I left the City of London Company at about 11.40 and was going along Bankside to go through the subway on the south side of Blackfriars Bridge to my office on the Embankment. When I got to the corner of Bankside I proceeded towards the subway when I saw a gang of men about 40 feet away. I should think there were five. I recognise Hickson, Willis, and Harris. I saw Mr. Seyfang pushed to the ground after the plaster had been put on his face. One of the men snatched his bag. At that time one of the gates of the subway was closed. I ran after the men and called "Stop, you scoundrels." When I got to the gates one was closed and one man stood inside the gate with a padlock and chain. I cannot recognise the man. He was not one of the five I saw at first. I recognise Harris and Willis as two of three men who were trying to put the chain on the gate. I had hold of the chain with one hand; I had my bag in the other. They succeeded in snapping the padlock on and ran down the subway. I went back and saw Mr. Seyfang standing on the footway with his hat off and his face covered in treacle. The plaster was composed of brown paper, newspaper, and treacle. I picked it up. On November 27 I attended at the Tower Bridge Police Court for the purpose of identification. I identified Hickson. I went to Southwark Police Station on November 19 and 20. I did not identify anyone on the 19th. On the 20th I identified Willis and Harris.
To Mr. Fox-Davies. I identified a wrong man on the 19th. On November 4 and 5 I was shown photographs. I did not pick out prisoners from a photograph. (To the Judge: I said at the police court that I was shown about a dozen photographs and picked out two as resembling the men.) I first came into contact with the police two days after the robbery. Then I saw Mr. Carlin, who took a statement from me. I gave a description of two of the men. I cannot remember the descriptions I gave. I described how they were dressed. I did not identify by the clothes but by the faces. I do not think I described their faces to the police. I am not sure if Willis had a moustache; if he had it would not have been a very large one. I was more than a few seconds tussling with the chain. I have no recollection of having seen Read when I went to identify. I was asked to identify four or five times. I forget when I first saw Gray. It was not on the day of the robbery. I fix the time of the robbery by a chart which has been put under seal by Board of Trade regulations at the City of London Company's premises. I marked the chart 11.30 and sealed it. I sealed four other charts which took five minutes. then it took ten minutes to walk from the station. There were several other men in the street. I took Mr. Seyfang to his office.
To Mr. Purcell. The robbery was done very quickly. I saw a constable about the matter at Sennett's office on November 2. On one occasion when I went to the police station I was shown a dozen photographs. I cannot say that that was on November 4. If I said at the police court it was on the 4th and 5th, that is correct. My
mind was more clear then. On the 19th, after having seen the photographs, I failed to identify anyone. I went again on the 20th and saw a row of men. I did not on that occasion pick out a man who was not in custody; that was the 19th. I have not seen a photograph resembling Hickson. I gave no description of him. I identified Hickson on the 27th. I forget whether I went to identify between the 20th and 27th; if I did I did not recognise anybody. I went through the process of seeing a row of men four or five times.
Re-examined. I had no difficulty in identifying Hickson on the 27th. When I was shown photographs I picked out two. Neither was a photo of either of the prisoners. I described two of the men; one description related to Harris.
EDWARD FENTON GRAY . I am clerk in the London and South-Western Railway Receiving Office, Blackfriars Road. On November 2, between 11.30 and 11.45, I was coming from Bankside towards the subway. I noticed two men standing at the subway gate. One was Gordon. They were pulling the gate to as if to close it. There were not many people about. I started to go down the steps, then came back. The men were then at the gate, which was nearly closed The gate has two wings; the left wing was nearly closed. One man had hold of a chain similar to the one produced. The chain was round the gate. I saw Mr. Seyfang coming up Holland Street. He was coming towards me on the other side of the road. I did not notice anybody else. After Mr. Seyfang had passed me I looked round and saw somebody put something over his head and seemed to snatch a cash bag out of his hand. I only saw one man. He ran towards the subway. I ran back to the subway and found the gate padlocked. I could not say how far I was from Mr. Seyfang when the assault took place. On November 19 I recognised Gordon as the man I saw standing at the gate. I had no doubt about him.
To Mr. Fox-Davies. I first saw Mr. Champion some time after the affair occurred. He was talking to Mr. Sennett outside Epps'. A detective came to my office. He got my address from Mr. Seyfang, who knows me. I was about 60 yards from Mr. Seyfang when he was treacled. I said at the police court that Gordon was not the man who held the chain. I am content to leave it at that. I passed and repassed him. I looked round several times, as I thought it was rather peculiar for two men to be at the gates at that time. I went to the police station four or five times to identify Gordon. I picked out a photograph of a man like Gordon. I do not know whether it was him. That was before I saw him. I was not present when Champion was brought in to identify. I was not asked in front of Gordon, "Do you think you see anyone you recognise?" I made a statement to Detective Askew and gave him two descriptions of men who were at the gate in the subway.
To Mr. Purcell. I did not pick out Hickson, although he was present on November 27.
(Friday, January 17.)
JAMES READ , wood paviour, 32, Barbil Street, Lambeth. On November 2, about 11.45, I was outside Epps' factory. I saw Mr. Seyfang knocked down as he was crossing the road outside Epps' factory door. I heard a whistle, looked round, and saw a skirmish. I saw Willis shove the treacle plaster round the cashier's face. Then one of the men rushed with the bag. I rushed for the bag and one of the men punched me and kicked me. I fell. When I got up the man was in the gates and the gates were locked. There were about four men round Mr. Seyfang. I saw two or three men inside the gates; they were looking the gates. I could almost touch the gates. I rushed towards Southwark Road or Southwark Street for the police. I came back with Police-constable Marchant to the subway. I went to identify on November 19 twice. At 6 p.m. I saw somebody I knew. That was Willis. I told the inspector I did not recognise anybody. I feared he would have some mates to wait on me outside if I touched him. I told the inspector outside that Willis was the man who put the plaster on Mr. Seyfang's face. He had a moustache on the day of the robbery but not when I picked him out. He had a grey coat on the day of the robbery, black trousers, and a check cap. When I picked him out he had a light mackintosh and a bowler hat. About November 9 I was shown some photos by Inspector Carlin. I picked out one of a man who is not in the dock.
To Mr. Fox-Davies. I was only about three yards from Mr. Seyfang when he was knocked down. The man who took the bag from him is not here. When I got up after being knocked down I looked towards the subway and saw the men locking the gate. I saw nobody this side. If anybody had been hammering at the gate and calling out "You scoundrels." I would have seen it. If he had been coming back I should have met him. As far as I know I was the only eye-witness. I only identify Willis. I first saw Mr. Champion 15 or 20 minutes after the robbery. I first saw Mr. Gray on the following Monday.
To Mr. Purcell. I picked out nobody on November 27, although Hickson was standing in the row.
Police-constable SAMUEL MARCHANT, 105 M. About 11.40 last witness spoke to me. With Police-constable Hicks I went through the subway from Blackfriars Road. I found the gates locked with the padlock and chain produced.
Police-constable HICKS, 120 M, corroborated.
RICHARD CHRISTOPHER SENNETT . I am a partner in Sennett Brothers. Mr. Seyfang usually goes to the bank on Saturday mornings at 11.30. If there was nothing to do in the office he would go earlier. He returned on November 2 accompanied by a stranger. He was in a state of collapse, and his face and the lapels of his coat were covered with treacle.
NATHANIEL RADMORE WESTAWAY , cashier, London City and Midland Bank, Southwark Street. On November 2 Mr. Seyfang cashed a cheque of Sennett Brothers for £90. I gave him £5 in shillings and £45 in florins and half-crowns, £1 in bronze, and the rest in gold.
To Mr. Fox-Davies. The time was between 11 and 11.30
ADA BLACKABY . I let rooms at 16, Penton Place, Pentonville Road. I let a room to Gordon on October 19 at 6s. 6d. a week. He paid in advance. He gave the name of Gordon. Another man, not one of the prisoners, stayed with him from the Friday to the Monday he was arrested. Gordon was regular in his habits; he went out in the morning before 10 and was away all day. I did not see him return at night. The first two weeks rent he paid on the Saturday, the next two on the Friday. On November 2 he paid me between 6 and 6.30 p.m. He gave me four half-crowns. I said, "You have given me too much"; he said, "I will give you that to get some food for myself and friend to-morrow if you don't mind getting it." I saw the friend next morning. It was Willis. Two days afterwards I asked Gordon the name of his friend; he said Jordan. I do not remember seeing Harris till the day he was arrested in my house. When Willis came he brought a small brown bag. On the day before the arrest another man brought a bag, which was left in Gordon's room. I cannot recognise that man. Previous to the bag coming, Gordon asked me if I had another room for another friend. I had not. I said, "I could put up a small camp bed in your room." I said I would put it up on the Tuesday, but the gentleman never stayed. On November 19 the police arrested Harris and Willis at my house. I showed them the room occupied by Gordon. The bag produced was found there.
To Mr. Fox-Davies. I prepared the room before Gordon came. I put newspaper on the shelves in the cupooards. I have lost the sight of one eye. I can distinguish between a blue suit and a grey suit. I have not seen Gordon wearing any other than the suit he now has on, or a check cap. I took his breakfast up every morning just after nine. He never went out without his breakfast, but I could not say whether it was earlier or later on November 2 when he had his breakfast. There was one day he stayed out all night; that was not November 2.
Detective GEORGE KING, D. At 12.45 a.m. on November 19 I was in Tottenham Court Road when I saw Gordon. I told him I should take him to Tottenham Court Road Police Station, where he would be detained for the attendance of Detective-inspector Carlin or Sergeant Grist, of the M Division, and for being concerned with other men in robbing a cashier at Blackfriars of £50 on November 2. He said, "You can believe me, King, I have not had a penny, and I knew nothing about the job." I asked him where he had been living. He replied, "Rowton Houses." I searched him and found the pawnticket produced in the name of Gordon, 16, Penton Place. He said, "That is my lodgings, old man; you don't want to go there to disturb my landlady. Everything is quite all right there. There is nothing there if you go. Do you think I should pawn my overcoat on November 8 if we had had £50 on the 2nd?" At 10 a.m. that day I went
with Sergeant Grist to 16, Penton Place. In the first floor back room I saw the kit bag produced, in which I found this padlock and chain. I was present when Hickson was put up for identification about November 27. He was wearing a bowler hat with a broad brim, which he exchanged for a cap with one of the other men. That fact was communicated to Inspector Carlin, and Hickson was made to put on his own hat.
Sergeant WALTER GRESTY. On November 19 I saw a slip of paper taken from Gordon by Inspector Carlin. Gordon said, "That is my alibi; you can read it if you like." The inspector read it, and at his direction I copied it. Inspector Carlin said to Gordon, "Would you like me to send to any of the persons named here so that they could attend the police court on your behalf?" Gordon said he did not want that done; he would most probably be defended and would send for them himself. When Inspector Carlin left Gordon said to me, "What time did this robbery, take place?" I said about 11.30 a.m. on November 2. He said, "That is all right; my alibi covers that. I get it ready in the cell last night. That will show where I was." After the slip was copied it was given back to Gordon. He said directly afterwards that he had destroyed it. This is the copy I made.
To Mr. Purcell. It was because Hickson's name was mentioned in the slip that we got a clue which resulted n his arrest. Up to then nothing had been said about Hickson.
Detective-sergeant WILLIAM GRIST, M. At 1.30 a.m. on November 19 I saw Gordon at Tottenham Court Road Police Station. He said Detective King had told him something about it. I said, "You answer the description of a man wanted for being concerned in feloniously assaulting and robbing a cashier of a leather bag containing £51 in silver and bronze at Holland Street, Blackfriars Road, about 11.45 a.m. on November 2." He said, "I am as innocent as you are. I do not know where Holland Street is. That is not a game of mine." I took him to Southwark Police Station. In the cab he said, "Is there anybody else in for it?" I said no. He said, "Shall I be put up for identification?" I said "Yes, about 11.30 this morning." He said, "That is all right; you will treat me fair and give me a chance." I said, "Yes, you will have every consideration." He said, "That will suit me so long as I am treated fair. If I am guilty it is not likely I should admit it." Later that morning I went to keep observation at 16, Penton Place. About 4 p.m. Harris and Willis entered the back first floor room, where I was sitting with Police-constable Addison. They gave their right names. Harris said, "I have been living at Bruce House, Drury Lane. I am come to take a room here." I said, "You both answer the description of two men wanted for being concerned in feloniously assaulting and robbing a cashier of a cash bag containing £51 in silver and bronze at Blackfriars about 11.45 on November 2 in the morning." I did not mention Holland Street. Harris said, "I do not know the place; I have never been there; it is a great mistake." Willis said, "I have not been that side of the water for a long time and do not know where Holland Street is." I said, "I shall take you to Southwark Police-Station,
where you will be detained for further inquiries by Inspector Carlin." I asked whose property the bag (Exhibit 7) was Harris said it was his. In the kit bag was a blue serge suit and a lot of clothing. I find it takes ten minutes to go by taxicab from the Blackfriars Road exit of the subway to the "Victoria" public-house, King's Cross.
To Mr. Fox-Davies. I made the journey between 2 and 2.30 p.m. The road was not cleared for me. I was not summoned for excessive driving. The crime caused some sensation and was reported in the papers. I had no orders to arrest when I went to Penton Place. I waited there till 11.30 or 12.0, and left Detective King there. On my second visit I arrested Willis. I made inquiries at Messrs. Davis, pawnbrokers, 121, Hampstead Road, in reference to a blue serge suit alleged to have been pawned there on November 2 for £1 in the name of Murphy. Inspector Carlin gave me the name of Murphy. There was no blue serge suit in pledge on November 2 for £1 in the name of Murphy, nor was one delivered out of pawn on November 5 or 6. The manager pointed out that it would be impossible for the interest to be 3s. on £1; it must either be 2s. 11d. or 3s. 1 1/2 d.
Detective-sergeant JOSEPH REED, Y Division. I arrested Hickson at 12.15 p.m. on November 27 in Caledonian Road. I told him I should arrest him on suspicion of being concerned with other men in custody in robbing and assaulting a cashier and stealing a bag containing £51 at Southwark on November 2. I did not mention the time. He said, "That is the day the barber came out. I can prove where I was because I came out with my landlord about 11.30 a.m. and met Dufois. We all went to the "Prince of Wales," as we heard he was there. We met Wells and had a drink all together. I want you to go and see these people." I said, "All right; you must tell Inspector Carlin that."
Detective WILLIAM CHILDS, M. On November 27, about 3 p.m., I saw Hickson at Tower Bridge Police Court. He said, "This is a funny job they have got me for. If you gave me £1,000 I could not show you the place. Mr. Reed told me the job was done on Saturday, November 2, but I can prove where I was on that day and clear Harry, the barber, as well. Of course, he only came out of prison that morning. I met him and he was with me and my landlord some time."
Inspector FRANCIS CARLIN, M. On November 19, at 9 a.m., I saw Gordon at Southwark Police Staion. I told him he answered the description of a man who was wanted for being concerned with others in feloniously assaulting and stealing a cashier's leather bag containing £51, and that he would be put up for identification. He said, "All right: treat me fair. I shall not be identified, and if I do I can prove an alibi." He was identified by Gray. Then he was charged. He made no reply. At 5.30 the same day Harris and Willis were brought to the station. I said to Willis, "You answer the description of a man who is wanted for assaulting and stealing from a cashier in Holland Street a bag containing £51." He said, "I have been living with Gordon at Penton Place since November 2, but I can assure you I did not have a hand in the job. We have been together
backing horses; that is my game for a living. I used to be a hair-dresser, but now go racing." When I told Harris the nature of the charge he said, "All right, sonny, do as you like; that is not my game. I do the balls and a bit of racing." Harris and Willis were put up for identification that evening. Mr. Read was called in. He walked along the line of men; he said nothing. He stood a second or two in front of Willis. He then walked through the open door which was immediately in front of Willis into the detention room. I am reading from my note made that night. On November 20 Willis and Harris were identified by Mr. Champion. When I told them they would be charged Harris said, "Oh, dear, I must go through it." Willis made no reply. I showed the padlock and chain to no one but Harris. I told him we had found the kit bag at Penton Place. He said, "That is mine; I will own it." I do not think I showed any padlock and chain to Gordon or Willis. On November 27 I spoke to Hickson at Tower Bridge Police Station. I told him the nature of the charge and said he would be put up for identification. He said, "All right, treat me fair. What day did it occur?" I said, "Between 11.30 and 12 noon Saturday, November 2." Mr. Champion identified him. I told him he would be charged. He said, "I do not know Holland Street. I can tell you where I was." I then took down a statement from him in my pocket-book, which he signed. I gave Gordon back the original paper which he called his alibi. I showed witnesses twenty or twenty-four photos before prisoners were arrested. Champion picked out one and pointed to another. I can identify those if required. Gray also picked out one. Jas. Read pointed to another. Sergeant Grist prepared a list of clothing found at Penton Place. I saw the clothing. They included two caps.
To Mr. Fox-Davies. I am not sure whether I told Gordon the robbery took place at Holland Street, Blackfriars. I probably did say I did before the magistrate. I had only brief notes then. I showed Gordon the padlock chain and two keys that had been found in his room. He said, "I know nothing about it," so did Willis. The patent leather boots were found in the kit bag. That was the first I saw of them. That was at the police station.
To Mr. Purcell. I could not say that the blue serge suit would fit Hickson. I said before the magistrate that in my opinion it would fit all the prisoners except Hickson. After Hickson was identified by Mr. Champion he asked the date and time of the robbery. I told him between 11.30 and 12 noon on November 2. He then said, "I do not know where Holland Street is; I can tell you where I was." He also said that was the day Willis was discharged from prison.
Inspector GEORGE KEYES, M. At 12.15 p.m. on November 19 I was present at Southwark Police Station in charge of the identification arrangements. Gordon was placed among eight others. Gray identified him; Read and Champion failed to identify him. Inspector Carlin was 20 yards away. On November 20 Harris and Willis were put up. They were identified by Champion.
Inspector ARTHUR DOYLE, M. I was present at Southwark Police Station on November 19 when Harris and Willis were put up for
identification. Three witnesses were called in. Read passed from the charge room into the detention room and made a statement to me not in the hearing of prisoners. He said the last man in the row, which was Willis, was the man that placed the treacle plaster over the face of the man that was robbed. I went into the cell with Inspector Carlin and repeated to Willis what Read had said. I then asked him if he would like to be brought out of the cell and confronted with Read. He said, "No, I can walk out of this."
Sergeant ALFRED SMITH, 10 M. On November 27 I was in charge at Tower Bridge Police Station when Hickson was put up for identification. He was identified by Champion.
To Mr. Fox-Davies. I was looking for a suit pawned in the name of Murphy.
GEORGE CHARLES GORDON (prisoner, on oath). I went to live at 16, Penton Place, on October 18. On November 2 I got up at 7 a.m. I did not have breakfast. I had previously promised to meet Willis on his discharge from prison that morning. I took a train from Tottenham Court Road Tube Station to Wood Lane Station. I arrived at Wormwood Scrubs Prison about 8.15. I had previously promised to have a room for Willis to come to on his discharge. He asked me to wait in the neighbourhood of the prison till 9 o'clock, when another man would be discharged. At the bottom of the lane that leads to the prison we saw Brooks in a taxi-cab with a friend. They invited us to enter the taxi and we drove to the Pavilion Hotel, about one minute's drive. After having a drink there we all drove to Putney. Willis and I left Brooks and his friend there. We took a motor bus to Praed Street. We got there between 10.15 and 10.30. Willis suggested having breakfast. In Praed Street Willis spoke to a woman named Minnie Shay. We all went into the "Westminster" public-house. A man named Arthur Kelso came into the bar. I introduced him to Willis. That was a little before 11. We had breakfast in the "Phœnix" Coffee Tavern, Praed Street. While finishing our breakfast a young man came from downstairs and I asked the young girl who served us if they were brother and sister. We left there about 11.20. Willis had a rough moustache. He said he was going to get shaved. As he was going into the barber's shop a few doors from the "Westminster" he addressed a man I do not know as Dave. He asked him if the same barber still kept the shop he kept before he went into prison. Receiving a reply in the negative he decided to wait till he got to King's Cross. Willis asked me to accompany him while he took a message to a coal dealer named Conroy in Lisson Street.
(Monday, January 20.)
GEORGE CHARLES GORDON (prisoner), further examined. I went to 16, Penton Place on Friday, October 18; that day I paid the landlady 6s. 6d. On Saturday, October 26, I paid her 6s. 6d. On Saturday, November 2, I met Willis in the morning; I spent my last 2d. on the fare to Wood Lane Railway Station. Willis was discharged from prison with 24s. That day I gave the landlady four half-crowns which Willis had given me. On Friday I pawned my overcoat for 15s. in my right name and address. Pawnticket has been produced. I paid the landlady 10s. out of that. Next week Willis paid. There was an arrangement between us that each should pay alternate weeks. On Friday, October 18, I met Willis when he was discharged from Wormwood Scrubs Prison; I waited until Brooks was discharged, and then we went to Putney in a taxi. Willis said he wanted to give a message to a man named Conroy in a coal shop in Lisson Street, Lisson Grove. We arrived there at about 11.30 a.m., handed in the message, and then walked to the end of the road and got on a bus to King's Cross. As we were going past St. Pancras Station I saw Harris walking in the opposite direction. He waved his hand to me and I acknowledged it. Willis asked me who it was; I said, "A friend of mine." At King's Cross Underground Railway Station at about 12 noon we got off and walked in the direction of Wharfdale Road, off Caledonian Road. As we passed the "Victoria" public-house, opposite King's Cross Railway Station, we met an acquaintance named Charles Sullivan. As we were talking to him John Carey walked past. When we got to Wharfdale Road, Willis went into a barber's shop, next door to the "Prince Albert" public-house. I went into the public-house bar, where I met Hickson, his landlord (Rogers), and a man named Fox. Hickson asked me if I had met Willis coming out of prison. I said Yes. Hickson said he would like to see Willis. I went into the barber's shop and called Willis out. Willis, before he had been attended to, came into the bar and saw Hickson. At Willis's request I went to a bottled-beer factory to see if I could see Wells, who worked there, and who was looking after Willis's bag while he was in prison. I was informed by some of Wells's fellow workmen that Wells had not finished, and I went back to the public-house. Between 12.45 and 1 p.m. Wells came to the public-house, got Willis's bag from behind the public-house bar, and gave it to Willis. Willis and I stayed about there in the afternoon, and at about three o'clock we went to Penton Place. On Monday, November 4, at Willis's request, I pawned a pair of his trousers for 4s.; on Tuesday, November 5, Willis pawned his coat and vest for 14s. Pawntickets of those two pawnings are produced. I met Harris in the "Horseshoe," Tottenham Court Road, at about 8 p.m. on Sunday, November 3. On the following Wednesday or Thursday I met Harris again in Tottenham Court Road; he told me he had a great deal of trouble to find suitable lodgings. I suggested that our landlady might be able to accommodate him. We found the landlady could not accommodate him at that time. On the following
Sunday Harris asked me if I would take care of his kit-bag until he found suitable lodgings. I took care of it on Monday, November 18. The night I was arrested I was taken to Tottenham Court Road Police Station, told the nature of the charge that would be preferred against me, and put into the police cell. I tried to recall my movements. I wrote a note of my movements on November 2. At about 2.30 p.m. I was again searched by Inspector Carlin, and he found that piece of paper on me. When the police returned that to me I threw it in the fire as it was of no further use to me—it was written for my personal recollection. On November 19, at about 12 noon, I was put up for identification. Gray was the first witness. He walked down the line and again up the line; he looked hard at me, but finally he turned away from me, and said, "No, I cannot see him." Inspector Carlin said, "Do you think there is anybody there you know? Say if you think you recognise anybody." Gray turned to me and said in a very hesitating manner, "I think that is the man." Inspector Keyes then went inside to call out Champion. While he was gone I changed my position from that of third from the left to that of second from the left. Keyes then brought out Champion, who picked out the man who stood third from the left. Altogether about 18 witnesses have tried to identify me. I had never worn a blue serge suit while I had been living at Penton Place; I possess only the suit I am now wearing. I had nothing to do with this assault upon Seyfang. I was not south of the river or in the neighbourhood of Holland Street. At this moment I do not know where Holland Street is.
Cross-examined. When I was arrested Detective King asked me where I had been living: I said, "I have been living at Rowton Houses." I had been living at 16, Penton Place, for a month. I said that because I did not want to lose my lodgings and have my landlady worried by the police. I had arranged on the Monday that Harris was to come and stay at my lodgings on the Tuesday. If I had given my correct address and the police had gone to 16, Penton Place, they would have found there Willis and Harris. That was not the reason why I gave a false address. In conversation with Sergeant Great I did say, "If I am guilty it is not likely that I should admit it." The sergeant's account of that conversation is very much curtailed. On the evening of Saturday, November 2, I believe Willis and I met Wells at the "Queen's Head," Caledonian Road, and went with him to pay a man some money at Battle Bridge, at the back of King's Cross Railway Station. We then went back to the "Queen's Head" public-house. Wells was in company with a relative of his—a young man. Willis and I then went to the "Robin Hood" public-house, where we met Hickson. We stayed there till 12 p.m.; Hickson walked with us to the corner of Penton Place. Willis and I then went to bed. Either this night or the next night Willis could not sleep, and we went out and had a cup of coffee at a coffee-stall at the corner of the street. I know William Holmes well; he lives at 43, Theobald's Road. He is employed by Osborne Brothers. Neale Street, Covent Garden, banana importers. He tried to get a witness for me; he first asked my solicitor.
Mr. Dagg, to act for me. I never knew he had been twice convicted of shop-breaking and safe-breaking. I do not know that Holmes works at a warehouse of Osborne Brothers in Park Street, Southwark, close to Holland Street. When Willis and I were in prison together we arranged that I should meet him when he came out of prison. I was discharged on Friday, October 11. The last time I had any conversation with Willis was the latter end of September. On November 2, going up Pentonville Road, I believe Willis asked Wells for some change; Willis then gave me four half-crowns, which Wells had given him. When I was searched at the police-station some loose sheets of paper were left in my pocket, on one of which I wrote the note of my alibi.
HENRY WILLIS (prisoner, on oath) corroborated. On November, at 8.30 a.m., I was discharged from Wormwood Scrubs Prison with two half-crowns, two florins, and 2 1/2 d. Outside the barber's shop I met a man I knew as "Dave." I asked him if the same barber was there. He said "No." I then decided to have a shave and a hair-cut when I got to King's Cross. I had a message to take from Tim Finucane to Conroy. I changed a half-sovereign with Wells into half-crowns and gave Gordon four half-crowns to pay the landlady. I was arrested at Penton Place. When I came into the room I saw the place had been turned upside down. I said, "Hullo, what is this?" One of the police officers said, "We are police officers, we have got your pal." I said, "What for?" He said, "For robbing a man of £50 on November 2 at Blackfriars." I said, "Well, he knows nothing about that, as he was with me all that day and has been with me ever since." I have had nothing to do with this assault.
Cross-examined. I have no moustache now. When I was released from prison I had my moustache cut short. I do not know why I changed my money with Wells. Mrs. Blackaby asked what was my name. I said, "Well, anything will do—Jordon." That was a bit of a joke.
THOMAS TUCKEY , warder, Wormwood Scrubs Prison. I was in control of the discharge of prisoners on November 2. Willis was discharged at 8.15 a.m. He had 24s. 2 1/2 d. He had a moustache. Later Brooks was released.
JAMES BATES , 9, Praed Street, Paddington, assistant at "Phœnix Hotel." At about 11.10 a.m. on a Saturday Willis and Gordon were having breakfast in the "Phœnix" when I came down. I cannot remember the date. Olive Gilham was then employed at the "Phœnix"; she left on November 18 or 19. Prisoners were having a joke about me and Gilham being brother and sister. They left at about 11.20 a.m. Willis had a moustache; he looked as if he needed shaving. I have no doubt they are the two men. It was about a fortnight before Gilham left. I am sure it was a Saturday, because I had the windows to clean.
Cross-examined. That was the first time I had seen prisoners. The next time I saw them was at Tower Bridge Police Court. I had been in a police court before. Mr. Dagg saw me, and asked if I could remember two young gentlemen in the shop talking about me and Gilham
being brother and sister. I said, "Yes, it was about four or five weeks before." Nothing else was said about the date. (Witness's deposition was read, in which he said, "I came down to breakfast about 11.10 a.m. on November 2 at the 'Hotel----.'") The gentleman who was examining me must have put the date into my mouth. Willis and Gordon had a lot to say for themselves; that is why we noticed them in particular. They had a lot of swank.
Re-examined. I have never been convicted.
OLIVE GILHAM , 27, West Wick Gardens, Shepherd's Bush Road, waitress. I was employed at the "Phœnix Hotel" for five or six weeks, leaving about November 17. I cannot remember any conversation about a fortnight before I left the "Phœnix." I cannot remember any of the prisoners. I do not remember anybody chaffing Bates and me about our being brother and sister.
Cross-examined. Bates has told me two or three times that people take us for brother and sister. Bates used to have breakfast at 11 a.m., or a little after.
FREDERICK DAVIS , 32, Elgin Terrace, Maida Vale, ticket agent. On November 2, at about 11.30 a.m., I saw Willis at Praed Street. He asked me if a barber was still at his shop there. I said, "No, he had gone." He said nothing more. I can fix the day by its being the date of a football match, tickets for which I was selling.
Cross-examined. I do not know any of the other prisoners. I have known Willis about three years. I had not seen him for about 18 months before November 2. I did not know he had been in prison.
RICHARD CONROY , 52, Lisson Street, Lisson Grove, Marylebone carman, contractor, and coal and coke dealer. I am related by marriage to Timothy Finucane. Very nearly three months ago, on a Saturday, between 11 and 12 noon, Gordon and Willis brought me a message in my shop from Finucane.
Cross-examined. I can neither fix the date nor the hour. Mr. Dagg came to ask me to give evidence. He told me it was on November 2. He did not say, "Do not forget it was November 2." I threw down the subpœna when it was served on me. I do not think I said to Sergeant Headlow that Mr. Dagg said to me, "You would want some one to come and tell a b----lie if you were in trouble, would not you?" I cannot swear I did not say so.
Cross-examined. I admit the following convictions; Clerkenwell Police Court, two months' hard labour, for larceny from the person; April 25, 1893, 18 months' hard labour, North London Sessions, attempting to pick pockets; 1895, three months' hard labour. Clerkenwell Police Court, loitering with intent to commit a felony; 14 days Ascot Petty Sessions. 1899, attempting to pick pockets. (Witness's deposition was read. "I have been in trouble for gambling; that is all.") I did not say, "That is all."
Cross-examined. I know Willis, Hickson, and Gordon. I do not know a great many thieves.
Re-examined. I have never been convicted; I have a 19 years' character.
FRANCIS FIELD , licensee of the "Prince Albert" public-house, Wharfdale Road, King's Cross. On Saturday, November 2, at about 12.30 p.m., I spoke to Willis about his bag while he was having his hair cut in the barber's next door. He was very anxious to give me what he called "a good thing for Alexandra Park Races." I said I was not interested. I could not say whether Gordon and Willis then came into my public-house or not.
(Tuesday, January 21.)
AUGUST BOHM . I keep a barber's shop at 39, Wharfdale Road. On November 2 I saw Willis in my shop shortly before 1 p.m. My assistant, Sauber, attended to him. He had a hair cut, shave, and moustache trimmed. He spoke about horse racing. It happened to be Alexandra Park Meeting that day. I also remember that my man took a long time over him and I told him to hurry up a bit. I do not remember what Willis was wearing.
Cross-examined. I did not want to give evidence. The solicitor's clerk asked me no questions. He simply told me I had to come to the court. Willis was not wearing a macintosh when he came to the shop. He had an overcoat. I do not remember whether he had a hat.
DANIEL HARRIS (prisoner, on oath). At the time of my arrest I had no fixed abode. I remember November 2. I intended going to Alexandra Park Races, but did not. I went out that morning about eight o'clock from Red Lion Street. I went up Oxford Street. I had a cup of coffee at the back of the London County and Westminster Bank, facing Tottenham Court Road. That was about nine o'clock. In Warren Street I had breakfast in the Tube Coffee House, a little after 10. Then I went to Euston Road. I stood hesitating on the corner of the road at King's Cross. I went up Pentonville Hill as far as the church. I turned back and went into a coffee palace at the bottom of the hill. I had a cup of coffee. I came out of there about 11.15. I stood on the corner again considering where I should go. I saw a lot of people I knew going racing. I went up Euston Road into Cook's tourist office. It was then about 11.50 or 11.55. Opposite St. Pancras Station I saw Gordon on a bus. I did not know Willis then. Willis Had a great big moustache. I thought he was a foreigner. Gordon stood up; I thought he was going to get down, but he did not. I went up Euston Road to Tottenham Court Road. Then to the Public Library Oxford Street. I stayed there from one to two o'clock. I
had dinner at Gordon's on a Sunday before I was arrested. The following Monday I took my kit bag there. That kit bag is here. I made two journeys with the kit bag. These patent leather boots are mine, also the blue serge suit. I did not put the suit in the bag. I hung it up in Gordon's room. It was in pawn on November 2 since February or March. I told my landlady to take it and get me £1. I was ill in bed with a cold. I redeemed it myself on November 5 or 6. I had to pay three or four shillings interest. The padlock found in my bag is mine. I bought it in May for 1s. in Charing Cross Road. I paid 1d. for the chain in Farringdon Street. The reason I bought them was that I had lost a bicycle at the City and Suburban and was going to buy another one.
Cross-examined. The loss of the bicycle was more serious to somebody else, because I bought it to give to Joe Clarke. I reported the loss to a mounted policeman on the course. I did not report it at any police station. There is no police station on the racecourse. I got a very insulting answer from the mounted policeman and did my own police duty. I searched among the carts. I bought another bicycle. The night before I was arrested I slept at Bruce House, Drury Lane. I did not stay there more than that one night. I had been staying at a coffee palace in Euston Road and another in Hampstead Road. I have also stayed at 37, Mortimer Market. I do not think I was known there in the name of Murphy. That is my brother-in-law's name. I have not been staying there for 18 months. I went to lodge there in May, 1911. I was not sleeping there the night before November 2, I stayed at a street just off Red Lion Street. I could not tell you the name of the place. I went back to 37, Mortimer Market, on the night of November 2. I took the bag from there to Penton Place. Arthur Munday, the landlord at 37, Mortimer Market, called me Murray, not Pat Murphy. I had left there a week previous to taking my clothes from there to Penton Place and had been staying in Euston Road at these coffee palaces, and used not to go home of a night. That is the reason I did not give that address to the police. The letter found by the police in my bag is addressed to my brother-in-law, Daniel Murphy. I always used to take his letters. He is in America. I only wore the blue suit one day, that was after I got it out of pawn. The spotted handkerchief is my property. I was very ill on November 2. I do not go into public-houses much. I drink coffee. I was never in the coffee house at the bottom of Pentonville Hill before. I first saw Hickson the Sunday before I was arrested. I was not in employment on November 2, 4, or 5. The money I redeemed the clothes with on November 4, 5, or 6 I earned by backing horses and gambling.
Mrs. AGNES BEERMAN, 123, Albany Street. Harris was a lodger of mine. In February or March he asked me to pawn a blue serge suit for him. My sister-in-law, Rose Lygo, pawned it for £1. I do not know what name she pawned it in.
HENRY HICKSON (prisoner, on oath). I have been living at 3, Grace Street, Copenhagen Street, about 11 months. I am a fruiterer. I had nothing to do with the robbery on November 2. On November 2 I left home about 11.30. I went to the "Milford Haven" public-house, where I met a man I knew as Footsey. He frequents the place where I go gambling. I heard his name mentioned as Harry Newman at the police court. He asked me whether I was going to Alexandra Park Races that day. The London Cup was run that day. Just by the Caledonian Road Bridge I met a man named Dufois. Roger, my landlord, was with us. We went to the "Prince Albert." We got there between 12 and 5 minutes past. While we were there Gordon came in. That was the first time I saw him that morning. He told me that Willis was in the barber's shop next door. He went out to fetch him. They came back in a minute or two. That was the first time I had seen Willis that morning. We stopped in the "Prince Albert" about three-quarters of an hour. I am not certain about the time I came away.
Cross-examined. On November 1 Gordon told me he was going to meet Willis coming out of prison next day. I think I said, "Does the barber come out to-morrow? What is the date of to-morrow." I think I had been told a week before that the barber would come out on November 2. I have seen Gordon a lot of times, but I ain't spoke to him more than five times. That was a week before I was arrested. My landlord brought the "Daily Mirror" in to me when I was in bed one morning and I recognised two likenesses, but I could not recognise the middle one. Then I began to think of what I had done on November 2. It had been the talk of the nation and I knew I was with Gordon and the barber on the morning of the robbery. When I was asked where I was that day I thought of it. When I came out I knew my landlord was going to follow me. I might have been a yard or two in front of him. I called him Rogers, but I think his name is Fred Gollop. I do not know if the woman who lives with him is called Agnes Day. Her name is Aggie. A few yards from the "Victoria" public-house I met George Sugden, a soap maker. I only know him as Big George. When I was identified by Champion I had a hat on. About half of the other men had hats on and the other half had caps. After two of the witnesses came through I changed my hat for a cap. I did that because I had suspicions they might say how I was dressed. Inspector Carlin saw it done and made me replace my hat. I changed my place as well. You can put it down that I endeavoured to disguise myself.
AGNES DAY . I am the landlady of 3, Grace Street. Fred Day is the landlord's name. Hickson has been lodging at our house. I remember November 2. That was a Saturday. I remember it because my little boy asked me how many days it was to Guy Faux day. I was in the kitchen below the street. I could see Hickson go out of the street door. Mr. Day went out a minute or two before him. I do not know Mr. Day by the name of Roger.
Cross-examined. I do not know anybody in my house as Fred Gollop or Roger. Hickson has been lodging in my house about 12
months. I visited Hickson in Brixton Goal two or three times. I gave my name as Braine. I gave no other name. When I was asked my address I meant to give 113, Barnsbury Road, but I gave 29, I think. I was visiting an old lady who was ill there at the time. I could not think of her number. Her name is not Gollop. I could not tell what her name is. She is Mr. Day's mother. She lives at 113, Barnsbury Road; it might be 112. I gave the name of Braine because we were being followed. I gave what I thought was the right address. Braine is my married name. I am known as Mrs. Day.
GEORGE SUGDEN , 360, Gray's Inn Road, soapmaker. I am a pensioner. I was in the Life Guards. I remember meeting Hickson one day when we spoke about the London Cup, which was being run at Alexandra Park. That was November 2, about 11.45, outside the "Victoria" public-house, King's Cross. I was with him about 10 minutes. He went up Caledonian Road. I see Sergeant Goodchild every day. He has not called upon me since I gave evidence at the police court.
Cross-examined. I do a bit of betting. I send my bets away. I do not collect bets for a bookmaker. I am not a bookmaker. I make soap and disinfectants at 28, Campbell Road, Finsbury Park. Of the prisoners I only know Hickson. Hickson asked me to come as a witness. I was never asked by anybody else as to when I met him. I saw Roger with Hickson on November 2.
AGNES DAY , recalled, further cross-examined. I do not recognise either of the photographs handed to me. One of them is something like the man who went to Brixton Gaol with me. Nobody went with me. (Q.) What do you mean by saying it is something like the man who went with you? (A.) I went there by myself. I saw him there. (Q.) What is his name? (A.) Mr. Day, I believe. I have known him 10 or 12 years. He lives in the same house that I live in. I do not know he was convicted in the name of Richard Gollop. I have been living with him all that time as Mrs. Day. I believe he has been convicted once or twice. I did not expect to have all these questions asked me.
Inspector CARLIN, recalled. No photographs were shown of any of the prisoners except Gordon to any of the witnesses who have spoken as to the identification.
(Wednesday, January 22.)
The jury disagreed. Prisoners were put back for trial at next Sessions.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 16.)
CORNISH. Walter (61, shoemaker), and BROWN, Walter (46, dealer) . Both breaking and entering the warehouse of John Philip Vyse, and others and stealing therein 374 calf skins and other articles, their goods, and feloniously receiving the same.
Mr. J. E. Raven prosecuted; Mr. G. St. John McDonald defended Brown.
ALBERT ERNEST DEWERDORF , salesman to Bloor, Sons, and Vyse, 20. Bowling Green Lane, E.C., leather merchants. On Saturday evening, October 19, I left the warehouse securely fastened. On Monday, at 8.20 a.m., I found it had been broken into, goods were missing and papers lying about. The police were in possession.
Police-constable HENRY DRAINE, 296 G, corroborated.
JOHN PHILIP VYSE , of Bloor, Sons, and Vyse, 20, Bowling Green-Lane. On October 21, at about 9.45 a.m., I went to the warehouse; upstairs I found that about 51 dozen skins were missing. I identify 33 dozen skins (produced) as being part of that property. The thieves must have carefully picked out the best skins and left those of inferior quality. The stolen property is approximately worth £165. Some of these have my father's hand-writing on them.
GEORGE MAYES , 12, Corporation Buildings, Farringdon Road, news-agent On October 21. between 6.15 and 6.45 a.m., I was looking after my newspaper stand, when I saw a pony and covered van pass me and draw up outside the warehouse of Bloor, Sons, and Vyse, in Bowling Green Lane. It then passed me again and drove away in the direction of Blackfriars. On November 28, at Clerkenwell Police Court yard, I recognised a pony and the rear part of a van as being that which I saw on October 21.
JAMES BRIDGER , inquiry clerk, St. Pancras, Midland Railway Station. On November 28, at about 9 a.m., a man, whom I believe to be the prisoner Brown, came to my office. Later in the afternoon, at Clerkenwell Police Station, I picked him out from more than a dozen ✗her men as being the man I had seen in the morning.
Cross-examined by Mr. McDonald. I am not prepared to swear to him as the man I saw.
GEORGE SMITH , clerk, Midland Goods Station, Whitecross Street. On Tuesday, November 19, at 5 p.m., Cornish came to my office and produced to me a railway receipt in the name of "Williams" for the return of the six packets of hardware, weight 6 cwt., which had gone to Northampton on November 11. to be left till called for. Cornish said he wished them returned to his order at St. Pancras, and signed order (produced) to that effect. "W. Williams. 6. North Street, Kingsland Road." On the following Thursday, at 12.30 p.m., Cornish called again and said, "I have not got those goods vet." I said. "You must remember you came at about five o'clock on Tuesday: the probability is that they did not send them away that night, but if you call at St. Pancras to-night I have no doubt they will be there." He
then left. On Friday, December 13, I picked Cornish out from a number of men at King's Cross Police Station as being the man who had called on these two occasions. When I touched him on the arm he said, "All right, Mr. Smith."
Cross-examined by Cornish. At the first interview the document you produced gave your address as "34, Lockyer Street, S.E."
BERTRAM CHARLES BEAN , loader, Midland Railway. On a Thursday, seven or eight weeks ago, at about 8.30 a.m., at St. Pancras, Midland Railway Station, I saw some goods loaded into a covered van drawn by a pony, which had the appearance of a polo pony. I had a casual glance at the driver of the van. About five weeks ago, at Clerkenwell Police Court, I picked Brown out from a number of other men as being of similar appearance to the man I had seen in charge of the van.
HENRY HICKS . 21, St. John's Road, Hoxton, dealer. On Saturday, November 23, a Mr. Newman, whom I knew, brought me a skin similar to skins produced; we had some conversation about it. On Monday, November 25, I took that skin to Robert Hochfeld, leather dealer, of 62, East Road, City Road, and had some conversation with him about it. On Wednesday, November 27, I met Newman by accident at the West Brewery, Hackney Road; he was in company with Cornish. In the hearing of Cornish I said to Newman, "I think I have a sale for those skins." Newman said, referring to Cornish, "This is the governor of the skins." Cornish said the skins were "straightforward," and arranged to come to my shop next morning, November 28, at about 10.30 a.m., which he did. I said, "Now, we will go to Mr. Hochfeld's." I explained to him that Mr. Hochfeld was a leather buyer, and it was a big shop he was going to. When we got to the shop I pointed out Hochfeld to Cornish and then said to Hochfeld. "Here is the governor of the skins, now you may do the business between yourselves." I left them in conversation together.
To Cornish. On Wednesday, November 27, I asked you if the skins were all right; you said they were. I did not go away from Mr. Hochfeld's shop in your company; I was not drunk.
ROBERT HOCHFELD , 62, East Road, City Road, leather merchant, corroborated last witness. After Hicks left Cornish and me together on Thursday, November 28. Cornish said to me, "I have these skins on hand, and I want to sell them. I have got rather a large quantity, over 6 cwt. They are very good skins, and the price is 2s. 9d. per pound net." I told him I could not judge of the quality of the goods by one skin—I would have to see a larger quantity, and suggested calling on him at his business place. He said he would prefer to bring them to my place as it would considerably simplify matters, they having their own horse and van to deliver the goods with. I told him he might have the trouble for nothing, I would prefer to come and see them at his place; but he insisted on coming to my place. I said, "I suppose you will take a cheque?" He said, "No, I want no cheque, I want the cash." I told him I did not keep sufficient cash in the house. I would give him an open cheque. He declined. I said, "Then I shall have to go to the bank myself and cash a cheque and give you the cash." He left having promised to call the next morning.
Next morning at about 10 a.m. he came with Brown. Cornish said, "We have brought the goods, we have got them in a van outside." I said, "I will look at them." A third man, whom I now know to be called Turner, carried in a 2 cwt. case of skins identical with those produced. The case was opened with the assistance of Cornish and Brown. I said that they were very heavy. Brown then said, "We have some lighter ones here." When I had inspected about six dozen I asked them if they knew anything about leather, and how they could offer me goods of this quality at so low a figure when I bought much inferior skins at nearly the same price. Cornish said they wanted money, they had had the goods for over 12 months, they were eating their heads off, and that was the reason why they offered them at that price. I told them had they offered me the goods at 5s. or 5s. 6d. the lb. I might have entertained it, but I had a reputation to lose and I should refuse the goods. Cornish produced a bill and said, "I can give you an invoice at 5s. or 5s. 6d." I told him that would only make matters worse, I could not buy. Cornish said, "Never mind, my friend, someone else will buy them." They then took the goods away. Cornish was the spokesman; everything he said must have been heard by Brown.
To Cornish. I did not say anything about you offering me an invoice for 5s. or 5s. 6d. at the police court.
To Mr. McDonald. I took Cornish to be the owner of the goods. My men may have assisted to carry the goods. Brown helped Cornish to take the skins out of the case. When I said the skins were heavy, I do not know whether Brown said, "We have some lighter ones," or "Here are some lighter ones."
Re-examined. The weights are stamped on the packages of skins.
Inspector WILLIAM BURNHAM, G Division. On November 28 at about 10 a.m. I saw a van, driven by Turner, pull up outside Hochfeld's premises, 62, East Road, City Road. Brown and Cornish walked up East Road, spoke to Turner, and entered Hochfeld's shop. Cornish came out; he and Turner carried a very large case into the shop: after some time Brown came out and stood talking to Turner for about five minutes. Two of Hochfeld's men then carried the case out and put in on the van, Turner drove away; Cornish and Brown walked down East Road. I stopped Cornish and said, "I am a police officer. What have you got in that van?" He said, "I do not know what you mean." The van was then in sight. I said, "I mean that van you have just helped to put the case in. What is in the cases?" He said, "I do not know what is in the van or the cases." I am not sure whether Brown could hear what Cornish said. I conveyed Cornish to City Road Police Station. Pointing to the van, which had been brought to the station, I said to Cornish, "What do these cases contain?" Cornish, Brown, and Turner were all standing together. Cornish said, "I do not know" I said to Brown. "Do you know?" Brown said, "I do not know anything about it." I opened the largest case and said, "You see what is in this case?" Cornish said, "The first time I saw that was this morning
when it was opened in the shop. I took the sample to that shop. I met a man in the leather fair and he asked me to sell it for him." I said, "Who is the man and where does he live?" Cornish said, "I do not know." I said to Brown, "Do you know?" Brown said, "No, I have not seen him: I only came with my friend," pointing to Cornish. I said to Turner. "Where did you get these goods from?" In the presence of prisoners he said, "A man came an dasked me to go to St. Pancras for them. I went to St. Pancras this morning with him, we got the goods, and he rode with me to East Road." Turner then produced railway note (produced): "Sender: W. Williams, Hay Street. Midland Railway Company, carriage account, St. Pancras Station. Date 20/11/12. From Northampton three cases hardware, 6 cwt. Carriage 8s." Turner said, "The man rode with me as far as Dawson's (at the corner of East Road), then he got off, spoke to these two men (Cornish and Brown), and then told me to go with them." I said, "Do you know who the man is?" He said, "No; I do not know him." Mr. Vyse attended and identified the leather as his property. All three were charged with breaking and entering a warehouse and stealing and receiving the property, well knowing it to have been stolen. I do not think they made any reply.
Detective-sergeant JAS. LAING, G Division, corroborated. I said to Brown, "You know I am a police officer. What is in the case you have just put into that van?" He said, "I do not know, it is nothing to do with me." I said, "You helped to put it into that van." He said, "I know nothing about it." I searched Cornish and found on him telegram dated November 10, from Northampton, addressed to "Freeman, 16, Howe Street, Kingsland Road, London. Not coming to meeting; impossible to sell." The letter is, "Wednesday eve. Dear Sir,—Unless you receive a wire from me in the morning about 10 o'clock I will meet you as promised.—Ted. P.S.—I forgot to say at 9 o'clock in the morning." It is contained in an envelope, the post-mark of which is torn off, addressed "Mr. Freeman, 16, Howe Street, Kingsland Road, London." There is nothing to show where it comes from.
To Cornish. I did not find any bill head or invoice on you. (To Mr. McDonald.) I know Brown is a costermonger in Farringdon Road. I have known him for 15 or 16 years. Turner was discharged at the police-court; he is outside the court now.
WALTER CORNISH (prisoner, on oath). On Thursday, November 7. I was at the Leather Fair at Agricultural Hall, where I met a man named Williams, who said he had a lot of leather to sell cheap he would like to get shut of; he was sick of seeing it; it was waxed calf. I said it was very little used now. I told him I was a clicker I cut up skins and that I knew a good many boot manufacturers. He said, "Perhaps you could sell these skins for me." I said I would not mind trying if he gave me a commission. I asked him the price: he said,
"Half-a-crown net," and I had better put 3d. a pound on for my commission. I asked him when I could see a sample. He said, "In the morning. In what part of London do you live?" I said, "Howe Street, Kingsland Road." He said, "Do you know the 'Horns' in Shoreditch?" I said, "Yes, well." He said, "I will meet you there at 11 o'clock in the morning and bring the sample with me." I met him there next morning, and he gave me a sample. I arranged to meet him there again on the following Tuesday at 11 o'clock. I told him on Tuesday I could not sell them. He told me to try again and meet him on the following Monday at 99, Liverpool Street, as that would be nearer his place. I saw him there on Monday and told him I had not sold them. He told me to keep the sample and to meet him at 11 at the "Horseshoe" any day except Saturdays and Sundays. I was eventually introducd to Mr. Hochfeld. I met Williams on the Wednesday after seeing Hochfeld and told him I thought I had sold the goods and had promised to deliver them at 12 the next morning. He asked me where the place was. I said, "East Road." He asked me where he should meet me with the goods. I said, "You had better meet me at Dawson's clock at the corner of East Road at half-past 9 or a quarter to 10." During the time I had been trying to sell them I met Brown. I had known Brown for many years; his father and he were manufacturers of shoes, etc., at one time when I knew them first. I told Brown about having these skins to sell on commission. He said he did not know off hand whether he knew of anybody that would buy them, but we exchanged addresses. He gave me the address of his stall in Farringdon Road, where he said I should find him at any time. I saw him several times at the stall and told him I had not come in touch with anybody who would buy them. On-the Wednesday when I thought I had sold them I went down and saw Brown at the stall and told him that I thought I had sold them. I told him if he liked to give me a hand with the goods in the morning I would give him a part of my commission, as I wanted somebody to check the weights with me. On Thursday I met Brown at 9.35 a.m. at Dawson's clock. A few minutes after Williams and Turner came up in a van. Williams got down and said, "Here is the van and the goods; show this man where he is to deliver them. I will wait at this corner at the private bar of the public-house. Bring me the correct weight and I will make the invoice out and will go with you to receive the money. I went in to Hochfeld's shop. Turner carried a case in and put them on the counter and two of Hochfeld's men opened it. Hochfeld declined to buy them. I told Turner to take them back to the corner of City Road, where Williams was. I was walking there when I was arrested. I produce my insurance card showing that I was employed up to October 21.
To Mr. McDonald. Brown did not go to St. Pancras Railway Station in relation to these goods.
Cross-examined. Brown had also been trying to sell the goods. I am a worker in leather; I cut it up, but I do not know the prices. The kind of leather in question is not used in my trade; it is only used in the very best shops. I did not ask Williams where he got the leather from Williams's conduct did not strike me as peculiar.
MARY ANNE FREEMAN . 16, Howe Street, Kingsland Road. Cornish lives in my house. On October 21 he was having his breakfast just after 7 a.m.; he had not been out before that time. Just before eight he left the house to go to work.
Cross-examined. I know him as "Walter Cornish." He does not go as "Walter Freeman."
ALFRED TURNER , carman and contractor. At 7 p.m. on the day before my arrest a man called at my place and asked me if I could let him have a small van and what would I charge for it. I told him a small van would be 1s. 3d. an hour, a large one with a man 1s. 6d. Next morning at 7 a.m. we went together on the van to the railway station. He gave me 10s. and some papers; I paid 8s. carriage and received the goods. He loaded the goods up and we drove to East Road. He said, "Pull up, carman, I want to see these two gentlemen," and spoke to Cornish and Brown, who were together in East Road. He then said to me, "Follow these men and they will show you where to unload." Cornish told me to pull up at Hochfeld's shop, which I did. They took one of the cases in, came out, and said it did not suit the gentleman, and told me where to take it. I was turning round when a police officer caught hold of the pony and said they suspected the stuff was stolen. That is all I know about it. I have not seen Williams since.
Judge Lumley Smith said the sole question for the Jury was whether prisoners had possession of the goods knowing they were stolen; there was no evidence of warehouse-breaking.
Verdict (both), Guilty of receiving.
Cornish confessed to having been convicted (as William Cornish) at the North London Police Court on May 15, 1912, receiving one month's hard labour, for stealing leather from his employer. Brown confessed to having been convicted at London Sessions on June 19, 1907, when he was bound over for receiving stolen leather. Other convictions proved: Cornish: June 27, 1897, St. Albans Assizes, 12 months' hard labour; Leicester Sessions, April 24, 1895, 12 months' hard labour, both for stealing leather. Brown: London Sessions, November 8, 1905, six months' imprisonment, second division, for burglary; also a conviction for assault.
Sentence (both): Thirteen months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Friday, January 17.)
Mr. Clarke Hall prosecuted; Mr. Hubert Channell defended.
Sentence: Five years' penal servitude.
Verdict, Not guilty.
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. Beaufoi Moore defended (at the request of the Court).
Verdict (January 18), Guilty.
Sentence: Eighteen months' hard labour; thirty strokes with the cat-o'-nine tails.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 17.)
APOSTOLL, Demetros (45, hairdresser) , feloniously shooting at Edward Groom with intent to do him some grievous bodily harm; feloniously shooting at Sydney Baverstock with like intent; feloniously shooting at John Cashman with like intent; feloniously shooting at James McEvoy with like intent.
Prisoner was tried on the first indictment.
Mr. Woodgate prosecuted.
EDWARD GROOM , 35, Aylesford Street, S.W. I did not know prisoner before this occurrence. I was in Pulford Street, Pimlico, in the early hours of December 22 along with two friends, Baverstock and Cashman. Prisoner approached us from the direction of the Embankment and when he was about 20 yards from us we heard the report of a revolver. He had just passed us, when he turned round and fired over his left arm towards us. He ran towards Lupus Street and stumbled into a doorway. Then he got up and fired at a blank wall. I made a statement to a man named McEvoy and his brother and we ran after the prisoner. McEvoy reached him first and jumped on his back, felling him to the ground. The McEvoys got the revolver from him and it went off in the struggle.
Police-constable SOFFE, 387 B Division. I heard reports of firearms from the direction of Pulford Street. When I got there McEvoy was holding the prisoner on the ground. I got assistance and took him to the police-station. When charged, he asked, "Have I killed or wounded anyone?" I told him he had not. He was drunk.
Detective-inspector JAMES BROWN. I was in charge of the police station when prisoner was brought in. He was very drunk and had an injury to the left side of his forehead. There were two cartridges left in the revolver.
DEMETROS APOSTOLL (prisoner, on oath), through an interpreter, said that since he had come to London he had intended shooting himself, but he did not intend shooting anyone else. He had been on Chelses Bridge and would have jumped into the river, but that there were people about. He would have shot himself first and then tried to jump into the river. When he was firing his revolver he was always shooting towards himself. He left himself in the hands of the Court, but anyhow he meant to commit suicide.
SIDNEY REGINALD DYER , Medical Officer at Brixton Prison. Prisoner is a very excitable foreigner, but I do not consider him to be insane. He has threatened suicide and we have had to have him very closely watched. I think he was mad drunk and really did intend to shoot himself.
The jury were unable to agree upon a verdict.
POGOSE, Nicholas , obtaining by false pretences from William Edward Green the several sums of £2 8s., £2 12s., £3 4s. 8 1/2d. and from David Dixey the sum of £4, in each case with intent to defraud; having been entrusted with certain property, to wit, a cheque for £25 for a certain purpose, unlawfully did fraudulently convert the said property to his own use and benefit.
Prisoner was tried on the first indictment.
Mr. Cassell prosecuted; Mr. J. P. Valetta defended.
WILLIAM EDWARD GREEN , grocer, Hammersmith. Prisoner has been a customer and on July 17 of last year he was indebted to me to the extent of 12s. He came into my shop and gave me a cheque for £3. It was signed by Murray Thompson. I gave him £2 8s. change. Before I paid that in on July 19 I saw prisoner's wife and 8s. was owing. A cheque for £3 similarly signed was handed to me and I gave £2 12s. change. The cheques were not honoured. On August 3 prisoner called on me and I drew his attention to what had happened. He gave me a cheque for £25, drawn by Ernest Cox. He told me he had seen the drawer that morning and that the money was in the bank to meet it. He had goods value 15s. 3 1/2d. and I gave him £3 4s. 8 1/2d., so that brought the total to £10. I gave him a receipt for the £25 cheque. I paid that cheque into the bank, but it was not met. On the following Sunday he sent a note requesting a further £2, but I did not send the money. I saw him on August 5. I had not then paid in the cheque. He asked me for £2 and I let him have it on his giving me his word of honour that the cheque would be met. He never paid me any money.
Cross-examined. The receipt you hand me, given on July 17 for £3 0s. 8d. for goods supplied, was not given by me at all. Prisoner never had that amount of goods. I had cashed one small cheque for him previously. He left the neighbourhood on September 25, and I saw him frequently before that date. I found out where he had gone, and instructed my solicitors to write for an explanation of why the cheque had not been met. If he had been able to find the money there would have been an end of the matter.
(Saturday, January 18.)
WILLIAM EDWARD GREEN , recalled, further examined. I produce my books. On July 16 I took an order for 3s. 8d. from 198, The Grove, where prisoner once lived. I have no entry in my books to prisoner for £3 0s. 8d.
ERNEST COX , 91, Brook Green, clerk. I have known prisoner for about two years. In July I met him at Hammersmith Station; he said he was short of money, and asked me if I could let him have a little. Finally I lent him £2 10s. Two days after I met prisoner again; he said he wanted some money. I said I could do with some myself. He said, "I can get you some if you can give me a post-dated cheque; I can borrow you £25 for a month." I said I could do with a loan of £25 for a month. I gave prisoner the cheque (produced), which I made payable to "E. Cadet," for £25, payable on August 3. I was to pay £2 10s. interest for the loan, and £2 10s. commission to the prisoner. I told him I had only a few pounds in my account. I met him afterwards and asked him for the loan; he said he could not get the business done. I asked him for the cheque back; he said he had not got it on him, it was at home. At another meeting I again asked for the return of the cheque; he said it was in the City. I never got my cheque back. On August 3 I had no money in my account to meet that cheque.
Cross-examined. I would not swear to the date on which I wrote the cheque. I did not draw the cheque to help the prisoner. (Witness's deposition before the magistrate was read: "I had no intention of asking the defendant for monies out of the cheque; it was an accommodation for him.") The deposition is wrong. I did not expect to receive a large sum in the beginning of August; I never told prisoner that. I told prisoner I should meet the cheque, but not unless I got the loan. (Witness's deposition was read: "I was paying £100 into my bank on the Tuesday.") That seems all upside down. I did not get a large sum in the beginning of August. I saw prisoner on August 3; he said he could not get the cheque discounted. On August 15 or 16 I received a letter from Mr. Green's solicitor, informing me that a cheque of mine had been returned, and threatening proceedings. I took no notice of the letter. All that prisoner was to get out of this transaction was £2 10s. for getting the cheque discounted. I never offered to pay the cheque or part of it.
called and gave me cheque for £3. I took 18s. 11d. in payment of the account, and gave her the balance. I paid it into my bank; it was returned, marked "Payment stopped." The same evening or the following morning I saw prisoner about it; he said he could not understand it, he was inquiring into it. After that I saw prisoner repeatedly; he said he would see it was all right, but he had not seen the drawer of it. Finally he gave me a £10 cheque, signed Mary Thompson, dated June 1; I gave him the £3 cheque back and £4, and told him I would give him the balance on the following day. The next day I refused to pay the balance. I paid the £10 cheque into my bank; it was returned marked "R. D." I told prisoner; he said, "I really cannot explain it, I will show you the letter I had with the cheque." Prisoner then showed me a letter, signed "Mary Thompson," and said, "I will see her and see that it is all right." He subsequently paid me £1.
Cross-examined. Prisoner was a regular customer. I changed a cheque for him before. The letter which prisoner showed me from Mary Thompson was to this effect: "Mrs. Pogose,—I am sorry to hear you are in trouble. I am sending you a cheque for £10, which will help you over."
GERTRUDE RUSSELL , assistant to H. C. Russell, 1-7, Sidney Place, Coventry Street, W., milliner. On August 26 prisoner's wife called on me to change a cheque for £5 10s. (produced), signed "James Paterson." I gave her £5 10s. for it. It was returned marked "Account closed." I saw prisoner on two occasions about it. He said he was very sorry to find that this cheque had been returned and he could not understand it, because this man was in a very big way of business in the Kennington Road. He would see the man, get the money from him, and give it to me by 4 o'clock that day. Prisoner telephoned later and said he had not been able to see Mr. Paterson. I threatened to put the matter in the hands of the police. Prisoner promised to see me at 10 o'clock next morning, but did not call. On September 19 we received letter (produced), "The Grove, Hammersmith, September 18, 1912. Dear Sir, I will call on you to-morrow morning. Sorry I was unable to do so yesterday. Apologising, yours truly, N. Pogose." We have never received the money.
Cross-examined. I have heard that Paterson, the drawer of the cheque, has been accepted by the police as prisoner's surety. I did not know he was in court. Mrs. Pogose said she had seen Mr. Paterson, that he had been away for a week-end, and had transferred his account. She told me to pay it into the bank again. I did so, and it was again returned. I did not know that Paterson had become bankrupt.
ELIZABETH JAMES , baker and confectioner, 333, Fulham Road. I know prisoner. In October he handed me cheque (produced) drawn by "M. Downs" in favour of "B. Blanchard" for £1 and asked me to cash it. I took 8s. 3d. in payment of prisoner's account, and paid him the balance. The cheque was returned marked "R.D." I have never received my money back.
opened on June 10, and closed on August 8. On neither July 3 nor August 3 was there anything like £25 cash to his credit. Cheque (produced) for £25 dated August 3 was returned by us marked "R.D."
Cross-examined. On August 2 £5 7s. was paid into that account; that is the last credit.
ALEXANDER BAXTER , clerk to H. S. King and Co., 65, Cornhill. I produce certified copy of Mary Thompson's account. She was allowed an overdraft of £10. Two cheques (produced) were returned marked "R.D." because the account was then overdrawn £9 13s. 4d.
Cross-examined. Mrs. Thompson has had an account at our bank for 20 years; she is the widow of an Indian official. We did not notify her that we had returned these cheques. We have allowed her to overdraw as much as £17.
Detective-sergeant BENJAMIN ALLERTON, T Division. On November 20 at 2 p.m. I saw prisoner in Colman Street. I told him I was a police officer and should arrest him for obtaining £2 8s. and other monies by means of a worthless cheque from Mr. Green, of Goldhawk Villas, Shepherd's Bush. Prisoner said, "What about Cox? He drew the cheque, but he told me it was all right with Green; he was paying him so much a month." I conveyed prisoner to Shepherd's Bush police-station, where, at his request, I read the warrant to him again. Prisoner said, "£2 8s.? This is all false; I never had £2 8s." On November 27, when he was charged with respect to Dicksee's cheque, he said, "I deny that; I had £2 1s. 1d., but not the £4." Mrs. Thompson, who is an old lady in very bad health, could not be found. Her son was subpœnaed instead.
NICHOLAS POGOSE (prisoner, on oath). I am an Armenian and 52 years of age. I came to England from India in 1882 with considerable means. In 1900 my trustee misappropriated my money and committed suicide; since then I have had to earn my own living by work in connection with exhibitions. I became very short of money. Mr. Paterson, who is in court, and who has been accepted by the police as my surety, gave me a cheque for £25 for work I had done for him. Mr. Foley, who is known professionally as "Blanchard," gave me the £1 cheque in payment of a debt he owed me. When I presented these cheque I had no idea they would not be met. Mrs. Thompson is a friend who has helped me out of difficulties. I have known her for about 30 years. Cox told me he would receive £180 from a partner, and promised to meet the £25 cheque. I believed him. Paterson's cheque have always been met in my experience.
Verdict. Guilty, with a recommendation to mercy. The second indictment was not proceeded with.
Mr. Paterson promised to pay his cheque within a fortnight.
Sentence: Two months' imprisonment, second division.
BEFORE MR. JUSTICE DARLING.
(Saturday, January 18.)
Prisoner confessed to having been convicted on April 24, 1911, at Marlborough Street Police Court, of an offence under the Vagrancy Act. 1898 (assault and living on the earnings of a prostitute): numerous other convictions were proved.
Sentence: Twelve months' hard labour; twenty-four strokes with the cat-o'-nine tails.
BEFORE JUDGE RENTOUL.
(Monday, January 20.)
CLARK, Sidney (29, gold refiner), HATTON, Charles (29, stoker), KNIGHT, Sidney (25, auctioneer), and ENDERWICK, Arthur Waring (31, gold refiner) ; Clark, Hatton and Knight stealing one silver fish slice and other articles, the goods of Frederick Mills, and feloniously receiving the same; Clark and Enderwick stealing one watch and chain, the goods of Walter Synoutt Williams and feloniously receiving the same.
Clark, Hatton and Knight were tried on the first indictment.
Mr. Bodkin and Mr. A. F. Graham-Campbell prosecuted; Mr. Muir and Mr. Boyd defended Clark.
BERTHA MILLS ; wife of Frederick Mills, 7, Arundel Place, Brighton. The house, 36, Pembridge Villas, and contents, belong to Mr. Mills. I recognise all the gold articles produced as belonging to us, and they are worth about £50. I could not tell you the value of the silver articles.
Detective ALBERT ROMFORD, F Division, spoke to being called to the house and finding that the lock had been forced.
Detective JOHN COLES, New Scotland Yard. On November 18 I was, in company with Sergeant Leach, watching 102, Central Street, E.C., which is a gold refiner's place, kept by Clark and Enderwick. About 11 o'clock that morning I saw Knight and Hatton enter the shop. Knight entered first, and was followed two minutes later by Hatton. They remained about six or seven minutes and left together. They both had a piece of white paper, and appeared to be counting money. They joined a third man, and went away together.
Cross-examined. From my position I could not see who actually served them. I know Clark and Enderwick have been carrying on the business for over four years.
Detective-sergeant CHARLES LEACH, C Division. I saw Knight enter 102, Central Street, and Hatton followed about half a minute afterwards. Clark was behind the counter. I entered the shop, and Clark was in the act of examining this fish slice. The rest of the silver property was lying open on the counter. I said to Clark, "Who brought this property in?" and he pointed to Knight. I asked Clark if he had purchased it, and he said, "No." I told him I was a police officer, and asked. "Is this man a customer of yours?" He replied, "No." I then asked, "Have you seen him before?" and he said, "No." I inquired of Knight where he got the property, and he replied, "I bought it from different people during the week; I cannot tell you who they are." I said, "Where did you buy the property from, then?" He said, "I shan't tell you any more; I will take the blame if I get lagged for it." I then told him I should take him into custody, and he said, "All right." I asked Hatton what he had come into the shop for, and he said, "To sell some stuff." I said, "Where is it?" He produced these gold articles, and told me he had bought them bit by bit during the past fortnight from different people in public-houses in the neighbourhood. He said, "The gold chain is my own." He said he did not know the people from whom he bought the goods, nor could he describe any of them. I asked, "Have you been here before?" He said, "Yes, I have been here on several occasions with stuff like this which I have bought from people I have met in the neighbourhood." I told him I should take him into custody, and he replied. "All right." I searched the premises, and found a tin containing several articles, amongst which were the case of a gold watch and a chain, and the bow of the watch.
Cross-examined. I know that before Clark and Enderwick started this business Clark had been employed by a very well-known firm for about ten years, and left there with a high character. There never has been any charge against either of the partners. No difficulty was put in the way of my searching the shop; and the only articles which I found that have been identified as stolen property were the watch case and chain and bow. Clark at once told me he bought the watch and chain about midday on the previous Saturday from a customer, and gave seven guineas for them. Enderwick came in, and said he was not present at the time it was bought. Clark pointed to an entry in the purchase book, giving the weight, price and the vendor. The name of the vendor was H. Clark. I asked for Mr. Clark's address. He could not find an old receipt for some time, but in the afternoon he gave me one bearing the name and address of "H. Clark, 14, Wilmington Square." He said, "I don't know whether he lives there now." I found that no such person was living there. Clark had given 60s. an ounce for the gold; I agree that that is a fair price, and it was the price on his list. I looked through two books relating to purchases, and I found to average transactions would be from twenty to thirty per day.
WALTER SYNOTT WILLIAMS , of Barnes. I am on a visit to this country from Australia. On Saturday morning, November 23, I was in a bus on my way to the City, and got there just about 10.30. I had asked for a certain place. Just as I came to Holborn Viaduct a
man sitting opposite me said, "This is where you are to get off." I started to get off, and at the same moment several other man started to get off. Three of them got down the steps of the bus, and I could not get down. They tried to come back, pretending they wanted to get back. After standing there for some seconds, I said, "I wish you gentlemen would either come up or get off." In the meantime there were two or three round me and I could not move. When the others came up I got off the bus and directly afterwards I missed my watch, chain, and sovereign case, containing five sovereigns. I identify the watch case, chain and bow, as my property. I paid £35 for the watch and £6 or £7 for the chain.
Mr. Boyd submitted that there was no case against Clark.
Judge Rentoul agreed, and a verdict of "Not guilty" was returned.
CHARLES HATTON (prisoner, not on oath). On November 25 I was walking down Goswell Road along with Knight, and we met a man, who asked us whether we could sell any old gold and silver for him. I said, "It is all according to what price you want for gold." He said, "I can only get 50s. an ounce for 18c. gold." I said, "If you will let me have it I will go and get you 60s. per ounce for the 18c. gold and 30s. for the 9c. gold." I took the gold because I know a little bit more about the price of gold. Knight took the silver. We went into the shop exactly together and while we were there the police came in. I knew the man by sight. I did not know it was stolen property.
SIDNEY KNIGHT (prisoner, not on oath). They accuse me of being in the shop before, on November 18. This is the first time I have ever been into the shop. I was accompanied by Hatton when this man gave Hatton the stuff. Hatton took the gold and I took the silver. I simply walked into the shop.
Verdict (Hatton and Knight), Guilty.
Clark and Enderwick were then tried on the second indictment.
WALTER SYNOTT WILLIAMS , of Barnes, spoke to having been robbed of a watch and chain and sovereign purse whilst attempting to get off an omnibus near Holborn Viaduct. He identified the watch case and chain (produced).
Detective-sergeant CHARLES LEACH. On November 25 at 11 a.m. I searched the premises at 102, Central Street, occupied by Clark and Enderwick. They carry on the business of gold and silver refining. I found a tin containing several gold articles, including the chain and broken watch case and bow (produced). I asked the defendants, "Where did you get these from?" Clark said, "I bought the watch and chain last Saturday about mid-day from a customer." I asked if Enderwick was present on that occasion. Enderwick replied, "No. I had knowledge of the transaction, as we are in partnership together. We have been in business together here now for four years." I said to Clark. "Was the watch sold to you in its present condition?" He answered. "Yes; I gave seven guineas for it." I asked for the name and address of the customer and he showed to me a book containing this entry under
date November 23: "Gold, 2,450, Clark, 60s., seven guineas." Clark promised to find the address of the Clark mentioned and later in the day he gave me the counterfoil of a receipt dated September 12 and bearing the name. "H. Clark, 14, Wilmington Square." Clark said, "That is the address of the man I bought it from; I don't know whether he lives there now." I was handed an address book, but, although there were the names of three Clark's, not one was given as living at 14, Wilmington Square. I arrested the prisoners next day, when Enderwick said, "I did not purchase it; the first I knew of it being here was when you brought it out of the safe." Clark said, "I purchased it."
Mr. Muir submitted that there was no case for a jury in regard to Enderwick because he did not know of the transaction nor did he know the gold was stolen.
Judge Rentoul agreed, and a verdict of Not guilty was returned.
SIDNEY CLARK (prisoner, on oath). When this gold was found by Leach I at once gave him an explanation of how I came by it. I helped him in the whole matter; otherwise he would have had considerable difficulty, because buying from all sorts of sources, as we do, one cannot collect his thoughts at once and decide where a particular article has come from. The articles corresponded in weight exactly with the entry I had made in the purchase book. When I bought the watch case it was precisely in the condition it is in at present. I had had dealings with the man Clark before and he was very respectably dressed and a man of good bearing. When I first saw him he told me he was a dealer. There was nothing extraordinary in the whole transaction. Clark's name and address were not in the address book and should have been; it is an omission. I had not the smallest idea that the property had been stolen.
Cross-examined. The name and address that a man gives when he comes into the shop we have to take very much for granted. A man may produce a bill-head or card. It would be quite impossible to ask a customer to wait whilst we verified that he lived at a certain address. I have had a good look round for Clark, but have not come across him since I had the transaction with him.
THOMAS FOSTER , stick mounter, employed by Mr. Dale, of Hoxton. I was in Clark and Enderwick's shop on November 23. I went there to buy some gold plating for Mr. Anderson, who was then my master. Whilst I was in the shop old Mr. Dale came in, and there was a man sitting on a chair. I did not take much notice of the man, but from what I could see of him he seemed to be pretty well dressed and a respectable man. I was served first, and then left the shop.
FRANK DALE , stick mounter, Hoxton. I was in Clark and Enderwick's shop on November 23, and saw the last witness and another man there. The other man was a respectably dressed young fellow. He was served before me, and by Clark. I am pretty sure that the articles put into the scale were a gold case and a gold chain.
Verdict (Clark), Not guilty.
Knight had been sentenced to twelve months' hard labour for uttering counterfeit coin, and there were two previous convictions as an incorrigible
rogue and two for theft. Hatton had been sentenced to twelve months' hard labour for loitering, and there were three previous convictions.
Sentences (Knight and Hatton): Each Twelve months' hard labour.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. H. W. Wickham defended.
HENDRITRUS JOHANNUS BURGERS , cycle agent, Grohugen. Holland. On November 25 I was staying at the "Manchester Hotel," London, and I went to the Motor Show at Olympia. I returned by the Underground Railway, and had to change at Edgware Road to get a train for Aldgate. Whilst I was changing a short man knocked into me, and when I got into the train I found that my chain was hanging down and my watch was gone. I got out of the train and spoke to a railway inspector. I identify the watch (produced) as being my property.
Detective ROBERT SCOTT, New Scotland Yard. On the morning of November 26 I was in the shop of Clark and Enderwick, gold refiners, 102, Central Street, when prisoner came in with a parcel containing a broken gold watch and part of a gold chain. I asked Enderwick, "Who is this man?" and he replied, "I have done business with him before." Ives said, "My name is Miller." I told him I was a police officer, and asked where he got it. He replied, "I bought it from a man in a public-house in Duke's Place, Houndsditch, about ten o'clock this morning. I threw the works away. I do not know the man or where he lives, neither do I know the public-house. The watch was intact when I bought it. I broke it up on my way down here to sell it for old gold." He also said he had done business with Clark and Enderwick before. He said he was a dealer.
Cross-examined. He afterwards told me his proper name and address. I know there is a good deal of Sunday trading in jewellery. There was a quantity of paid bills for jewellery found on Ives. I agree that he is a dealer, and, so far as my inquiries have gone, he is a man of good character.
(Tuesday, January 21.)
GEORGE IVES (prisoner, on oath). There is nothing whatever against my character. While in the employment of Mr. Brown I came in contact with Mr. James Marks, a dealer, of Duke's Place, Houndsditch, who used to get a few things for me. That led to my going into business on my own account. I was financed by Mr. Marks. There is a large jewellery trade done in Houndsditch; 200 or 300 men of all nationalities standing about. In a public-house at the corner of Duke's Place there are two tables in one bar and two tables in another bar, and on the tables is laid out jewellery of all kinds. A great deal of it is broken up. There are police officers frequenting the place during the
time trade is going on. On November 26 I was in this public-house, where I met a man whom I recognised as frequenting the place on Sunday morning, and he recognised me. He asked, "Could you do with this?" I looked at it and found it to be a battered watch. Thinking it would fetch £3 18s., I paid him £3 10s. for it. I broke it up, as I wanted to get back to Houndsditch quickly. It was useless as a watch, and I bought it as old gold. When the officer spoke to me at Clark and Enderwick's shop I told him I had done business there in the name of Miller. I did not give my name as Miller. I described the public-house to the officer, and I told him I did not know the name of the house.
Cross-examined. I did not take a receipt from the man who sold me the watch; they never give receipts. He told me he bought it on the Sunday. He was a Jew, a trifle taller than I am, clean shaven, and wearing a dark green overcoat and plush trimmed trilby hat. I never gave the name of Miller to Clark and Enderwick; they put it on the receipts, and may have taken me for someone of that name.
JOHN MORRIS , dealer, 103, Shepperton Road, New North Road. I have had 35 years' experience in Duke's Place. On a Sunday morning there are from 200 to 400 dealers, and they buy and exchange. The business goes on in the street and the public-house. As a rule there are seven or eight detectives there. I have had plenty of dealings with the prisoner, and he has a very good character.
Cross-examined. I know prisoner by the name of George Ives, not by the name of Miller.
Verdict, Guilty of receiving.
Prisoner was released on his own recognisances in £20, with one surety in £10 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Tuesday, January 21.)
WILLIAMS, George (32, labourer) , stealing three brooches and other articles the goods of James Reys, and feloniously receiving the same; stealing one bracelet and other articles, the goods of Jessie Knowles, and feloniously receiving the same.
Prisoner was tried on the first indictment.
Mr. Bodkin and Mr. Montagu Shearman prosecuted; Mr. W. B. Dalley defended.
JAMES LEYS , potato salesman. 57, Moresby Road, Upper Clapton. I left to me about 6.30 p.m. on November 23, leaving no one indoors, and returned about 11.20. The house had been broken into and several
articles of jewellery were missing. I identify the articles (produced), they are worth £51.
Sergeant FREDERICK FRENCH, N Division. At 12.20 a.m. on November 24 I was called to Mr. Leys' house and found that the door had been forced by a jemmy.
Detective-sergeant THOMAS NICHOLLS, New Scotland Yard. Along with Detective Campbell I was in the shop of Clark and Enderwick, 102, Central Street, at 4.30 p.m. on November 25. Prisoner came into the shop and produced two packages and asked Enderwick what he would give for the contents. Enderwick said, "What is your name?" or "Have you a card?" Prisoner replied, "I have not got a card. You know me. I have been here before." I had been behind the counter and I came round to prisoner and asked where he had got the property. I took hold of the property. Prisoner then began to struggle and made an attempt to get out of the shop. We had to push him against the wall and catch hold of his hands. He said, "I got the property from a man I met in a public-house near the docks." In reply to further questions he said, "I only met him once before. Beyond that I know nothing about him." I then took him into custody and took charge of the gold and silver articles.
Cross-examined. It is not correct to say that all that prisoner said when seized was, "What is the matter?"
JESSIE KNOWLES , 1, Highbury Place, Highbury. On November 15 I was living at 18, Alexander Villas, Seven Sisters Road, N. I left the house safe at 9 a.m. and returned about 8.40 in the evening. I noticed a window had been removed and I ascertained that some of my jewellery and other goods were missing. I identify the bracelet and locket (produced).
Sergeant GEORGE HAYNES, N Division, described the manner in which an entry had been effected.
GEORGE WILLIAMS (prisoner, on oath). I did not say to Enderwick. "You know me; I have been here before." I went into the shop and took a parcel from my pocket and handed it over to Enderwick and asked him what he could give me for it. He asked me if I had a card and I said, "No." He handed me the parcel back. Then the two police officers rushed round and claimed me. They asked Enderwick if he knew me and he said, "No." Last summer I was working at the docks whilst a strike was on and I met a man named Patrick McCarthy. After work he seemed to dress respectably and wore a gold watch and chain and ring. On the Friday afternoon before I was arrested I was walking round Caledonian Road Cattle Market and I met McCarthy. He asked me how I was getting on and I told him I was doing a few odd jobs for a friend of mine. We had drinks together, and he told me he had not been doing much work since the strike had ended and that he had parted with his gold watch and chain and ring. Then he said he had a bit of old gold and silver at home and he asked me if I could sell it for him. I said, "Why don't you sell it yourself?"
He replied that he had been in a much better position, that he used to keep a little shop off Houndsditch, where he sold watches and chains, and bought a bit of old gold and silver. He added that he had been unfortunate and had to go through the Bankruptcy Court and if he went to sell this old gold and silver they would claim it. I met him again on the Sunday and arranged to meet him on the Monday in the "Connaught" public-house, Canning Town. He met me and handed me the old gold and silver. He promised me 5s. if I sold it.
Cross-examined. I did not know McCarthy's name at that time; I have found it out since I was arrested; I have not mentioned his name till now. I told the officer I had met McCarthy only once before, but that was said in the excitement of the moment.
Verdict, Guilty of receiving. The second indictment was not proceeded with.
One conviction of five years' penal servitude for burglary and eight previous convictions were proved. Prisoner had 16 months to serve on his ticket-of-leave.
Sentence: Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, January 23.)
Mr. Boyd prosecuted; Mr. F. J. Egerton Warburton defended.
On the direction of the Common Serjeant the jury returned a verdict of Not guilty.
BEFORE JUDGE RENTOUL.
(Monday, January 27.)
WILSON, Frederick (37), O'CONNOR, Michael (32, porter), MYERS, Charlotte (40, charwoman), and MILLER, Sarah (30, charwoman) , all robbing with violence Frederick Treatly and stealing from his person £2 5s. of his moneys; all assaulting Frederick Treatly and thereby occasioning actual bodily harm to him.
Mr. Ernest Beard prosecuted. Mr. Waldo R. Briggs defended O'Connor.
Prisoners were tried on the first indictment.
FREDERICK TREATLY , 10, Emmett Street, Walworth, stevedore. On November 16, at 12.30 a.m., I met Miller in Commercial Road, and asked her to let me have a bed. I gave her 2s. She took me to a bed-sitting room in 23, Little Pearl Street, and went downstairs. Myers came in and sat by the fire, then turned to me and asked what business I had in the room; she was a respectable married woman; her husband
would be home soon, and I would get into trouble. I considered I had a right to the bed as I had paid for it, and argued the point with her; she called somebody upstairs; Wilson came in; I turned to leave, and remember no more till I found myself in the street, and a man took me to the police station. When I went into the house I had £2 6s. in my left vest pocket, which was gone. I afterwards returned with Detective Rayner and pointed out Miller and Myers. Miller said she knew nothing about it. I afterwards picked out Wilson from nine or ten others at the station.
Cross-examined by Mr. Briggs. I was practically unconscious from the time I was in the room till I got to the station. I saw nothing of O'Connor.
To Wilson. I did not ask you the way downstairs.
To Myers. I left work at Tilbury Dock at 8 p.m., got to Fenchurch Street at 10, and went to see the pictures. I had had two glasses of beer when I met Miller.
To Miller. I was not with two women in the "Three Nuns." I was not drunk. I did not demand my money back and catch you by the throat because you would not return it. When I was not allowed to have the bed I had paid for, I naturally wanted my money back.
JACOB BLOCKSILVER , 11, Hogarth Houses, St. George's, warehouseman. On November 16 at 1.15 a.m. I saw prosecutor and Wilson come struggling out of 23, Little Pearl Street; Wilson had his hand over prosecutor's mouth, who was calling, "Police. Help!" They struggled for a time; O'Connor and the two female prisoners came from the doorway. One said, "Stop it, you do not want to get yourself into trouble." A crowd got round and parted the men, when prosecutor fell unconscious into my arms. O'Connor had helped Wilson in the struggle and they all fell on the road; Wilson got up and ran into the doorway. I identified O'Connor at the station.
ELLEN MASON , 19, Little Pearl Street, unfortunate. On November 16 at 1.15 a.m. I was awakened by cries of "Police" and saw prosecutor lying in the road; O'Connor and another man lifted him on to the pavement. Afterwards O'Connor said to me. "Nell, take this bar of iron out of my pocket and give it to no one but Katey." I refused. I saw Blocksilver leading prosecutor away.
Cross-examined. I saw nothing of the other three prisoners.
Detective AMBROSE RAYNALL. On November 16 at 1.15 a.m. I went to Little Pearl Street, where I saw Miller and Myers talking together. I asked if they knew anything about a man being assaulted and robbed in that street. Miller said, "I do not know anything about other people's business." Myers said, "I am a respectable married woman; I do not know anything about it." I returned to the police-station, where I saw prosecutor and Blocksilver explaining it to the officer on duty. They described these people to me. I returned to Little Pearl Street and knocked at No. 23, the address of Miller. She came out of No. 25, the address of Myers, and said, "I live there, Mr. Rayner—do you want me?" I told her yes I knew she lived there and I did want her, as a man had just been assaulted and robbed in her room. Prosecutor and another witness immediately identified her as being the
woman. I then took her into custody. She said, "I admit I have been with this man, but I cannot help what the others done to him in my room." I then knocked at No. 25; getting no answer I went inside, where I saw Myers. I told her I wanted her to go out into the street, which she did. Prosecutor and the witness immediately identified her. Prosecutor said, "That is the woman who came up into the room and asked me what business I had there." She then fetched a man up who assaulted and robbed me." I arrested her; she said, "I do not know anything about him getting robbed. I am a respectable married woman and have nothing to do with them." On November 23 at 1.15 I went to 15 and 16, Great Pearl Street, the address of Wilson, I told him I was going to arrest him for being concerned with the two women in custody for assaulting and robbing a man. He said, "I am ignorant of everything. I know nothing whatever about it. I will go anywhere you like to prove it with you." The following day he was identified by prosecutor and a witness from eleven others. When charged he made no reply. On November 26 at 9.25 I arrested O'Connor at Victoria Hall Lodging-house, Commercial Street, for being concerned with two women and a man in this assault and robbery. He said, "You cannot prove that me and Ginger had the money. I will admit we heard cries of 'Murder' in Little Pearl Street and ran to see what was going on." On the way to the station he said, "I guessed you would be after us, that is why I left Little Pearl Street. I have been expecting the drop before for this job."
Police-constable THOMAS STEVENSON, 119 H, corroborated.
Mr. Briggs submitted that there was no evidence against O'Connor either of robbery or violence by him either before, at the time, or after the robbery.
Judge Rentoul held there was evidence for the jury that O'Connor was acting in a common purpose.
FREDERICK WILSON (prisoner, on oath). On the night of November 16 I was walking through Great Pearl Street, when I was stopped by Miller. She asked me if I would be kind enough to go to her room and get a drunken madman out; owing to his behaviour in the room she was really frightened to go up there. I went like any other man would do upstairs. I saw prosecutor there; he was drunk and very excited. I asked him what was the matter; he said that he wanted a policeman. I said, "You will not find a policeman up here; come downstairs into the street with me." He asked me which was the way down. I said I did not know, and appealed to the woman who was in the room to show me the way down. It was a narrow staircase. (To the Judge.) I had gone up by the stairs, but I had forgotten the way down. There was one door in the room. I was not drunk. It was a bedroom. Myers went down, I followed her, and prosecutor followed me. When we got into the street prosecutor got hold of me. I said, "What are you holding me for?" He said, "I want a police-man." I said, "Well, leave go of me, I am not a policeman." I had
a struggle to get away from the man; he got me by the throat. It trying to get his hands away from my throat we both fell into the road I got up and walked away on my own business.
MAX MARS . 22. Little Pearl Street, cabinet-maker. I saw prosecutor very drunk and excited outside my door; Wilson was talking to him Prosecutor had got hold of Wilson's throat and they both started struggling together and fell on the ground. Wilson got up and went away. I saw nothing more.
MICHAEL O'CONNOR (prisoner, on oath). I am a porter, and live at 39, Commercial Street. On November 16, at about 1 a.m., I was at No. 17. Little Pearl Street, when I heard cries of "Police!" I looked out of the window and saw two men struggling in the road. I went down, and by the time I had got there prosecutor was lying in the road by himself. There were a lot of people about. A woman standing by gave me prosecutor's cap, which I gave to him. I then went home and went to bed. I saw neither of the other prisoners there. I know Wilson by sight, and have worked with him nine years ago. I know the women by sight. I lived at 17, Little Pearl Street, about seven weeks.
CHARLOTTE MYERS (prisoner, on oath). I lived at 25, Little Pearl Street, and am a married woman living apart from my husband, whom I have not seen for years. I collect my landlady's rent of Nos. 23 and 25, Little Pearl Street, and do washing and charing for a living. On November 16 I heard a woman screaming in No. 23, and went upstairs, when I saw prosecutor trying to strangle Miller. I asked him what he was doing. The light was not turned down. Miller went downstairs; I was in the room with the man, and after a lot of trouble coaxed him out into the street. I then went into my place, shut the street door, and saw no more. I had been living there for 10 years. Prosecutor was drunk.
SARAH MILLER (prisoner, on oath). On November 16 prosecutor spoke to me, asked to go home with me, and gave me 2s. in order to have improper relations. He was so drunk that he could not do so, and I said he had better go downstairs. He said, "No, I want my money back." I said, "You cannot have it." He claimed me by the two shoulders, when Myers came up and asked him what he was doing. He said, "She will not give me my money back." Myers said, "I cannot help that. "I went downstairs and spoke to a man at the corner, I think the prisoner Wilson, whom I knew by sight. He went up. Prosecutor and Myers came down; Myers went indoors. Prosecutor claimed Wilson by the throat, they struggled and fell; Wilson went away home. O'Connor and another man not in custody picked prosecutor up. I then went back into my room.
Verdict. Wilson and O'Connor, Guilty; Myers and Miller. Guilty of robbery without violence.
Three summary convictions for dishonesty and as a rogue and vagabond were proved against O'Connor. Miller had been convicted of drunkenness.
Sentences: O'Connor. Four months' hard labour; Myers and Miller. One month's imprisonment, second division; Wilson was released on his own recognisances in £20, with one surety in £10, to come up for judgment if called upon.
BEFORE MR. JUSTICE DARLING.
(Tuesday, January 14.)
PARROTT, George Charles (41, warrant officer, Royal Navy) , being a British officer in the Naval Service feloniously communicating to a person unknown certain information in regard to His Majesty's Navy calculated and intended to be and which might be useful to an enemy.
The Solicitor-General (Sir John A. Simon, K.C., M.P.), Mr. Bodkin, Mr. Travers Humphreys, and Mr. Bransom prosecuted; Mr. Cassels defended.
CHARLES MARTIN . In February, 1907, I was gunnery officer on the staff of the Admiral commanding on the river Clyde. One of the ships being built there was the Agamemnon, a first-class battleship of the pre-Dreadnought type. Prisoner was gunner on that ship from January, 1907. It was part of his duty to see that everything connected with the armament, the gunnery department, was in proper order; he would have access to all parts of the ship. Her firing trials at sea took place at the end of 1907; prisoner was then on board. The ship had very heavy armament, 12-inch and 9.2 guns. Drawings are kept for each department; prisoner would have a set of drawings in connection with his department.
Cross-examined. Prisoner received a clean receipt for any plans that were ever in his possession. He is a capable officer. No suspicion attached to him while on the Agamemnon. Certain details about the ammunition and armament, the position of the guns, the hydraulic system, and so on are public knowledge.
CHARLES WILLIAM KEIGHLEY PEACE , Captain attached to the Gunnery School, Chatham. I knew prisoner; he is a gunner in the Royal Navy. In July last year he was in charge of the rifle range at Sheerness under me; his pay would work out to something like £260 a year. On July 11 of last year prisoner made an application for leave; he got his leave granted, commencing from July 13; 14 days' leave. The address he gave on his application form was an address at Devonport. It is the practice that when an officer gets leave he shall give the address to which he is going, so that the Navy may send for him if it wants him back. He has to get special permission to leave the country; it is a well-known regulation. On July 15 I received a communication and in consequence telegraphed to Plymouth to fetch him back. On the next day, the 17th, I saw prisoner and asked to have his reasons in writing as to why he had gone abroad without permission from the Admiralty. Exhibit 17 is the written report he made in accordance with that request. I forwarded the report to the Commander-in-Chief
and orders were given that an investigation should be held. On August 2 an investigation was held. Before prisoner was invited to answer any questions put to him I cautioned him; there was a shorthand writer there who made a record, Exhibit 19. On August 14 there was an Admiralty order that this man's name should be removed from the Navy List.
Cross-examined. He was attached to H.M.S. Pembroke to be in charge of the rifle range at Sheerness; he had been at the rifle range about two years. There is really no serious or important naval information at the rifle range. Prisoner was a very capable officer. After the inquiry he was put under open arrest, not allowed to leave the barracks without orders, but discharging duties in the barracks instead of at the rifle range. Suspicion first fell on him on July 16.
Re-examined. The only means I had of knowing or supposing where he had gone was the address he had given on the application form. It is in the King's Regulations that if a man gives an address to which he is going and then changes his address he has to give his new address so as to keep in touch with the authorities. I received no new address from prisoner.
CHARLES WILLIAM THOMAS TURNER , First Writer, H.M.S. Pembroke. I keep the miscellaneous register (Exhibit 26), in which entries are made from the original applications for leave. I copied the application for leave made by prisoner in that book. It is the regular course for an address to be given when an officer applies for leave; I enter the addresses in that book; then they go to the Commander-in-Chief's office.
Cross-examined. The address is an address where the officer should be while on leave. If an officer is called back for duty the address is supposed to find that officer. I did not know prisoner.
Inspector HERBERT GRAY, Metropolitan Police, attached to the Chatham and Sheerness Dockyard. On July 13, acting under instructions, I was at Sheerness Dockyard Railway Station in time for the 12.40 train to leave for Sittingbourne. I saw prisoner in the train with a lady. I travelled by the same train to Sittingbourne. There prisoner got into a train going to Dover, the lady remaining on the platform. I also went to Dover. Prisoner got out at the Priory Station and I followed him. He walked through part of the main thoroughfare and some side thoroughfares, and ultimately arrived at Northumberland House, the offices of Messrs. Friend and Co., agents for the Ostend steamships. He was inside for about two minutes, then he went to the Admiralty Pier. The Ostend boat starts about half-past four. Whilst on the pier I spoke to prisoner as he was about to get on to the ship. I asked him what his name was; he replied Parrott. I asked him where he lived; he said Chatham. I asked him what he was: he said a civilian. I then told him I was a police officer, and
asked him what he had in a little handbag that he had. He was going to open it, and I took him into a small office on the pier, where I told him I was going to search him. In his waistcoat pocket. I found a card-case, on one side of the card-case there were sovereigns; on the other side there were some memos; amongst those memos I found a piece of paper (Exhibit 16) on which was an address. I asked him what it was; he said, "It is the address of a lady friend of mine." I pointed out to him that it was not a lady's name. He replied, "Oh, that is the nom de plume she writes to me in." I told him I was searching him under the provisions of the Public Stores Act. He said, "Oh, as long as it is not about the lady I don't mind." I continued to search him, and in the pocket-wallet I found a motor licence and a gun licence made out in the name of Parrott, 87, Alexandra Street. I pointed this out to him. He said, "Yes, that is where I live." He told me he had an appointment to meet a lady at eight o'clock that night at Ostend. In the bag I found a naval signal form addressed to Mr. Parrott. I said, "I see you are in the Navy." He said, "Yes, I am a gunner. I am at the gunnery range if you want to find me. I hope you will not tell my wife anything about this woman." After I completed the search I said, "Have you any right as a naval officer to leave this country?" He said he knew of no order prohibiting him from leaving. The boat left about 4.30 for Ostend. I returned to Chatham.
Cross-examined. When I first stopped him I did not tell him I was a police officer; I was in civilian clothes. There were other things in the bag, such as pyjamas, but nothing of importance. The bag was packed as if he was going to stop somewhere a night away from home. Under the provisions of the Public Stores Act, Section 6, he is liable to be searched to see if he had any public stores on him.
WILLIAM MELVILLE , retired Superintendent, Scotland Yard. On July 13, acting under instructions, I was at Dover, where I saw Inspector Gray speak to the prisoner, and I saw prisoner go on board the Ostend boat. I did not speak to him, but kept him under observation. The boat reached Ostend at 8.35 p.m. When prisoner left the boat he went straight through the railway station and out into the open. I was about four yards behind him, and a man came from behind me and sidled up to the prisoner, and they walked off together. They went over the bridge which is just outside, and went down through various back streets. The second man, who I should say was evidently a German, looked behind him several times, and they went on until they got into the promenade on the extreme end next to the fort; there they sat down on two chairs, and remained talking. There was not outward sign of recognition between them when they first met. I am absolutely sure that prisoner is the man I had under observation. They sat down for a considerable time; I sat down about 20 yards away. Then there were some people bathing—mixed bathing, and owing to their screaming some other folks came along the promenade, and came this end of the promenade. Prisoner and the man accordingly went off to where there was nobody; they sat down there again and remained in conversation until 10.15. I could not hear their conversation,
and do not know what language they were speaking in. Prisoner was never in the company of a lady, and did not appear to be looking for anybody. He made no delay on the jetty, but walked straight through; he had a little bag, about that size. At 10.15 they shook hands warmly, and the German got up and went off in a great hurry. Prisoner remained seated for about four or five minutes. I still kept him under observation. He got up and came out into the Place d'Armes. He went direct to a large cigar shop, Sluyters, and bought a box of cigars, then to a café and had some refreshment, then to the Royal Yacht Café and had some further refreshment: then he went straight to the boat. The boat would be due at Dover about 3 a.m. I stopped in Ostend. He spoke to nobody else except the people in the shops he went in.
Cross-examined. I made notes of what I saw. There was no delay in passing through the Customs. I did not precede the prisoner; I followed him through the Customs. (Map of Ostend produced.) The stranger joined Parrott, walked up from behind me, and they walked off together. I know Ostend pretty well. I can trace the way we went on the map. (Witness did so, and explained it to the jury.) I saw nothing handed from one to the other. It was dark. There were no lights that would guide me in seeing anything that took place like that, although it was light enough to see people coming along. They were together about an hour and three-quarters. I did not see the stranger again after he left Parrott.
Re-examined. I believe there are express trains from Berlin through Cologne to Ostend, and also an evening express back from Ostend to Berlin. The man ran away when he left Parrott.
EDWARD MILLS , Sergeant, No. 10, Sheerness Dockyard. I was on duty at the Main Gate, Sheerness Dockyard, on Sunday, July 14. Prisoner came through the main gate in uniform about 2.15. He stayed inside the gate about a quarter of an hour and then left.
Cross-examined. I believe Commander Ridout would be at the Depot. I could not say whether prisoner would have had time to go and see him and come back. He passed me and went down the dock-yard towards the Submarine Depot, and then passed out of my sight. He came back about a quarter of an hour afterwards.
J. F. C. PATTERSON, Lieutenant, R.N. From October 9, 1909, to November 13, 1911. I was Gunnery Lieutenant on board the Agamemnon. Prisoner was a gunner there from October 29, 1909, till October 16, 1910. He would have knowledge of a confidential nature relating to gunnery and fire control matters.
Cross-examined. His character was highly satisfactory while under me. Large numbers of men would know a certain amount about the fire control, etc.
G. S. TREWIN. Assistant-Paymaster H.M.S. Boadicea. Two lots of confidential books were issued to Parrott from the Gunnery School. One related to fire control and the others to progress in gunnery. He returned the first lot on February 27, 11 and the second on March 11, '11.
Cross-examined. There are large numbers of confidential books in the Navy. Those I have seen have got on the inside cover a quotation from the Official Secrets Acts. The books issued to Parrott were "Half-Yearly Summary of Progress in Gunnery" and "Information Regarding Fire Control." I know nothing about gunnery, but I should imagine it would differ a good deal from '08 to '12.
JOHN LOCK , of Messrs. Dean and Dawson, Continental Travel agents. On October 16 I issued ticket (Exhibit 23, produced) No. 306 to travel over the G.C.R. from Marylebone to Grimsby. Exhibit 10 is the return half of that ticket.
Mr. Bodkin. My Lord, 306 was used to travel from London to Grimsby; Exhibit 10 we shall show was found in the prisoner's house unused.
The witness. I also issued ticket No. 488 (Exhibit 24, produced) to travel from Grimsby to Hamburg and back, first-class both ways; issued to the same person that bought 306, cost £2 12s. 6d. They were bought by a man.
THOMAS MOORES , clerk in the superintendent's office G.C.R., Marylebone. Ticket No. 306, Marylebone to Grimsby, was produced by me at the police-court as having been collected and filed. The return half does not bear any marks of cancellation at all. The tickets Grimsby to Hamburg and back have been collected in the usual way. Tickets may sometimes be used and not collected, although they ought to be given up at the end of the journey. There are theatre trains run on Sundays for actors and actresses, who frequently travel from one town to another on the Sunday so as to be ready for Monday's performance. As a rule only actors and actresses travel by those trains.
WILLIAM HENRY MAKIN . In October last I was assistant-steward on s.s. City of Bradford. I am now on the Immingham. Both boats ply between Grimsby and Hamburg. On October 16 I was acting on the City of Bradford. Prisoner was a passenger on that voyage, under the name of Couch. He occupied No. 12 berth. The voyage lasted 30 hours. At Altona, near Hamburg, a tender comes alongside. I did not see prisoner on board after leaving Altona. Altona is about 20 minutes' journey by the tender from Hamburg.
JOHN HENRY CUMBLIDGE , steward s.s. City of Bradford. Exhibit 27 is our berthing list for voyage of the October 16 to Hamburg from Grimsby. I recognise prisoner as the man who occupied berth No. 12 in the name of Couch.
CARL FREDERICK JEPSON , assistant-steward s.s. Immingham. I was on the Immingham on October 18 on the voyage from Hamburg to Grimsby. Prisoner was a passenger. He told me about having changed a £5 note in Hamburg at an hotel. The porter at the hotel could not change it, but lent him a sovereign or 20 marks and he left the note with him to get change. Prisoner had some notes in his hand while he was telling me the story. They looked like English £5, £10, and £20 notes; I could not say how many he had. He said he thought he had last one, but afterwards found he had not—that he had counted a £20 note as a £10 note. We got to Grimsby on the morning of the 20th. He had a small handbag with him.
Cross-examined. I do not remember when I was first asked about this conversation. Someone came to see me about the case, but I do not remember when. It may have been October or the beginning of November. It was on December 3 when I gave evidence at the police court. It was a week before that that I was asked about this conversation. It took place in the bar in the smoke-room and there was nobody else there.
Re-examined. I saw nothing in the papers about this case before I gave evidence. I picked the prisoner out at the police-station.
ELSIE POYNTING , stewardess on the Ostend-Flushing Dover boats. I knew prisoner by sight. I have seen him on the boats three times. I cannot remember the date. It was last year. He went over in one boat and came back in her the same night.
Cross-examined. The one voyage I recollect clearly, because I saw him on two occasions together. His face was familiar to me.
FRANK WILLIAMS , tobacconist. I recognise prisoner. I first saw him nearly three months ago. He came to my shop and asked me if I took in letters. I said yes and told him the fee. He said his name was Couch. I don't remember the initial. He had about five or six letters. One was registered. I should say it was about the third or fourth letter. The letters were addressed, "Mr. Couch, c.o. F. Williams, 136, King's Road, Chalsea." All the letters were in the same handwriting as Exhibit 1. He knew when the letters were coming and he used to come within 24 hours for them. I remember Inspectors Riley and Parker coming on November 16. There was a letter for prisoner. He came between seven and eight on the Saturday night. He asked me if there was any mail for him. I went to a small drawer where I kept these things and threw it on the counter. Exhibit 1 is the envelope of that letter.
Cross-examined. I charge 1d. for each letter. I look at the handwriting on each letter. I signed for that registered letter. I did not notice whether the stamps were English or foreign.
Inspector GEORGE RILEY, C.I.D., Special Branch. On November 16 I went with Inspector Parker to 136, King's Road, Chelsea. We kept observation there all day. At 7.30 in the evening we were looking from the room behind the shop and we saw prisoner enter. He had a short conversation with Williams, and bought some tobacco. He was given a letter and then turned to leave the shop. He was arrested, and I took possession of the letter. At the police station he was searched. Inspector Parker and I then went to 32, Jewer Street, where we saw Mrs. Parrott. We searched his rooms, and then went back to the police station. The envelope had not been opened. I opened it next day at the police station in his presence. He said, "I do not know what is inside it." There was a letter and two £5 notes. Exhibit 1 is the envelope and Exhibit 2 is the letter. Exhibits 3 and 4 are the two £5 notes. Prisoner said, "This is somewhat of a surprise." I then read the letter to him. He was then charged under Section 1 (c) of the Official Secrets Acts, 1911. Exhibit 6 is a list of the things that were found on him. The return tickets from Grimsby Dock (Exhibit 10) was found in his house, also Exhibits 13 and 14. (Exhibit 2
was as follows: Dear Mr. Couch,—I am very much obliged to you for your prompt reply to my last letter. Now I beg to place in your hands some question as addition to my last letter. Have the kindness to leave as soon as possible for Firth of Forth, ascertaining about the following: Which parts of the fleet are in or off the Firth of Forth since November 5. Only the vessels of the First and Eighth Destroyer Flotilla or which other men-of-war of any kind else. Where is the Second Destroyer Flotilla now? Have been mobilising test of the flotillas and coast defences in the Firth of Forth? What are the flotillas doing or proposing now? What number of Royal Fleet Reserve (Class A) are called in now for the yearly exercise? Where do they exercise? Are any of these men kept longer as a fortnight I think it will be necessary to stay some days at Firth of Forth for gathering information about those questions. I should be much obliged if I could be informed as soon as you have got satisfying statements about one or several of these points. Do not wait answer until you have found out all I wish to know. Enclosed £10 as travel expenses for the last and this journey. Please tell me in the next letter after having returned to London your expenses that I can hand you the balance if the £10 should not do it. I beg to keep yourself ready if possible also in the next future to run over immediately to any place as soon as rumours as to extraordinary preparations of materiel and personnal are running. In such a case please do not wait till you have received an order from me, but leave on your own accord, and at the same time send your address and make your doing known to me, with particulars of the reason.—Your truly, RICHARD."
Cross-examined. Among the documents found at prisoner's house are several letters, written about October, relating to the purchase of a public-house; also a number of certificates as to his character.
A body of evidence was called to trace prisoner's dealing with various banknotes.
Prisoner's statement before the magistrate; "No, sir, I wish to leave the case in the hands of my counsel."
(Wednesday, January 15.)
Captain CHARLES WILLIAM KEIGHLEY PEACH, recalled; further cross-examined. In a book called the "Naval and Military Record,?" which anyone may purchase, various information is given as to the movements of our destroyer flotillas; there is similar information in "Lloyd's Weekly News."
Re-examined. Various portions of the Fleet from time to time receive orders to put to sea for a destination which is confidential; we are not allowed to disclose information of that kind.
GEORGE CHARLES PARROTT (prisoner, on oath). I entered the R.N. as a lad in 1887 at the age of 16. I gradually rose by steps until I came to the position of being in charge of the rifle range at Sheerness
as warrant officer; my salary amounted to £260 a year. During the whole of my career in the Navy until this case I have never had any charge made against me. I have been commended in many documents which have been issued from the Navy concerning myself. I went on board the Agamemnon in 1906 and stayed there till 1910; during that time I was senior gunner, known as the gunner of the ship. Plans concerning my department were in my possession and when I left the ship they were turned over to my relief and I got a clean receipt for them. I never made any note of those plans outside my ordinary duties. I was familiar with the hydraulic machinery on board that vessel; all the seamen would have more or less knowledge of the hydraulic machinery. I brought no documents concerning the fittings of the Agamemnon away when I left. I had no information concerning the fire control system; it was not directly under my department. In 1910 I went to the Sheerness rifle range; no complaint was made about my conduct while I was there. I used to borrow books for the purpose of refreshing my mind in gunnery and to keep in touch with it. I did not communicate to any person at all any information from those books; I agreed that there was confidential information in them. I have seen the "Naval Annual" produced which gives the results of gunnery tests for a long period of years. While I was at Sheerness I became acquainted with a family named Henschel; Mr. Henschel was a German teacher of languages living at Chatham. I lent Mrs. Henschel £65 in all. £45 in cash has been paid; it was paid in £5 notes, which came by post. I opened a banking account with them shortly afterwards at the bank at Sheerness. When Mrs. Henschel sent me that money they had left Chatham a matter of six months. She gave me securities for the debt, articles of jewellery, and an I.O.U. They went somewhere in Germany; I do not know where. Some time in May, 1912, I had a week-end off and came to London with the intention of going to a music-hall. I went to the Palace; I sat in the stalls; a lady sat next to me; she started a conversation with me; there was one item on the programme of a nautical nature which really started the conversation; it was a quarter-deck scene of a man-of-war. She remarked that it was rather a pretty scene; I said it was hardly true. She asked me if I knew anything about the sea and I told her I belonged to the Naval Service. She told me she was interested in everything connected with the sea and that she was the widow of a seafaring captain. After the performance we went to the Hotel De l'Europe and had supper. She told me she was travelling companion to a lady and was going abroad the next day, travelling through Switzerland, Germany and Belgium. She asked me if I had been to any seaside watering place on the Continent. I told her I had not. She described Ostend to me, and asked if there was any opportunity of my going over there. I told her my holidays would be in July, and I told her I might be able to manage a week-end. She took a letter from her bag and tore an address from the bottom of it and said, if I was able to come send a wire to the address, and if she could she would meet me. I looked at the address and remarked that it was a man's name. She told me that was her nom de plume, and any letter
addressed to that address would find her when travelling. She asked me my name and I told her Seymour, and a letter addressed "Seymour, care of officer in charge, Sheerness Rifle Range," would find me. I saw the lady in a taxi, and that was the last I have seen of her until after I left the Service. I have seen her once since; I have never had any letters from her. On July 11 I made my application for 14 days' leave, and I went to Sittingbourne and sent the telegram (Exhibit 15). On Saturday, July 13, I left Sheerness Dockyard Station and went to Sittingbourne, and changed there for Dover. I had a small handbag, containing a pyjama suit and a set of brushes. I was in civilian's clothes. As I was approaching the boat I was stopped by Inspector Gray; I did not know who he was at first; he asked me who I was, and I told him a civilian. Then he told me that he was a police officer, and after that I answered his questions truthfully. I got to Ostend at 8.30; I went there to meet the lady, and also out of curiosity to see the place and have a week-end on my own. I was disappointed at not meeting the lady. As I was walking into the town a stranger sidled up to me from behind my shoulder. He said, "Excuse me, is your name Seymour?" I said, "Yes." He said, "Are you expecting to meet any one?" I said, "Yes, a lady." He said, "That's right; come with me, please." We walked on to the front and there sat down. He said, "I am very sorry, the lady is not able to come, and she asked me to meet you; can you fix another day to come over?" I said, "I am sorry. I don't think I could." He asked me how I came to make her acquaintance, and I told him. He said he was not a relative of hers, but a great friend. He said, "You belong to the Navy, don't you?" I told him I was a Warrant Officer. I asked him to show me round Ostend, but he said he would not have time as he had to go back to Brussels that night. I mentioned that at Dover I had been stopped by the police and searched, and that they had kept the address the lady had given me in London. He seemed surprised and annoyed about this, and said, "If you are questioned again on your return to Dover don't say too much about the lady, and don't mention that I met you on her behalf. If they make inquiries at the address they have got it will probably do a great deal of harm to the young lady; she is very well connected." I promised him that I would keep her name out of the question as much as possible. I then returned to Dover. I admit that at the inquiry subsequently held I said that when I got to Ostend the lady I expected had not turned up and that I spoke to no one. That was a lie: I told it in consequence of the promise I had given to the stranger at Ostend. After my dismissal from the Navy on August 14 I came to London. communicating my address to the Admiralty. At the beginning of October I received a letter at 32, Jewer Street, purporting to come from the man I met at Ostend: it bore a London postmark. I did not know then how the writer had obtained my London address. I saw him afterwards. she told me that he had some friends in England who informed him of my movements. I burnt the letter. It commenced. "Dear Mr. Parrott"; it said, on behalf of the writer and the lady I had met in London that they sympathised at my being discharged from the Service,
and stated that if there was any assistance they could give me and I would let them know they would be only too pleased; the address to which I should write was given as "M. Herpers, Padra Hurbert Carre, Wenkestradte, Belgium." I had by this time realised that I was under suspicion at the Admiralty, and I thought if I could persuade this man to come over and testify that it was he who met me at Ostend I might clear my character. Accordingly I wrote to him. I received a reply signed, "Richard" asking me to go to Hamburg to see him, going via Grimsby, arriving on October 18. I went, and the man met me at Hamburg. He took me to an hotel and ordered breakfast for me. I told him why I wanted him to come over here—to assist me to clear my character. He said there were private reasons why he could not come to England; but, he said, he was a newspaper correspondent, and if I would write him an article once a week dealing with naval matters he would pay me for it, and that might help me; he would write and let me know the nature of the work required. I asked him if he would pay my expenses for having come over to Hamburg; he said he would; he had not the amount to spare at the moment, but would write to me. I returned that night. At Grimsby there happened to be a theatrical company travelling to London by their own train; a member of the company invited me to join them; the manager had a pass for the whole lot, so I was not asked for my return ticket, and found it in my clothes when I got home. Early in November I got another letter signed "Richard," outlining the kind of information he required; he wanted to know the progress of warships building, ships launched, ships laid down, and movements of naval ships, and asked for a specimen article. I got the "Naval and Military Record" and, based on naval information in that paper from Chatham, Devonport, and Portsmouth, wrote an article and sent it to "Richard." Before this, about October 24 I had a letter from the lady, saying she had heard from "Richard" that I wanted her to do something for me, that she wanted to see me, and would I go to Rotterdam via Flushing; my expenses would be paid. I went and met the lady I had met before in London; she had a gentleman with her; he walked apart from us; she asked what I wanted her to do; I said I wanted her to come to England to give evidence for me; she said she could not be mixed up with any proceedings of that kind, but would willingly help me if I was in want at any time. She called to the gentleman and he gave me a 100 franc note for my expenses. I have never communicated any information which would be contrary to the Official Secrets Act.
Cross-examined. The untrue statements I made at the inquiry were made out of chivalry to screen as far as I could the lady I had met in London. The man I met in Ostend spoke English, but with an accent; I judged that he was a foreigner. He asked me whether Seymour was may real name and I told him, "No, my name is Parrott." I did not ask him his name or address. Exhibit 16 is a scrap of paper torn off by the lady from a letter she took out of her bag. On the back of the paper I see the words. "Chance of coming over on Saturday, you telegraph probably Saturday, then I make all my arrangements to leave the moment I get your." As a fact I telegraphed from Sittingbourne
on Thursday, July 11th, "Coming 8 o'clock Saturday." I did that empty because Saturday was the most convenient day for me to get leave; that Saturday would be the most convenient day, for whoever wrote those words is quite a coincidence; I swear I had not read those words before I sent the telegram. When Gray asked me about the address on Exhibit 16 I said, "It is the address of a lady friend of mine," and he pointed out that it was not a lady's name, what I said was, "That is the name she was writing to me in"; not "That is the name she writes to me in." I have not made that correction before to-day, although Gray gave the same evidence at the police-court; I had not noticed the difference.
Prisoner was cross-examined at length as to his monetary transactions with Mrs. Henschel; he persisted that the notes paid into his banking account were send by her from Germany in repayment of his loans. As to other notes paid in, he said he had changed notes for various people at his club when the steward had been unable to do so. As to one £20 note paid in on May 7,1912, prisoner swore that he had cashed it for the Henschels before they left England in June, 1911; it was proved that this note was not issued from the Bank of England until April 24, 1912, that it then passed into the hands of a foreigner staying at the "Savoy Hotel," London, who left for the Continent on April 26, 1912. Prisoner could not explain how he came to receive in May, 1912, a £20 note recently come from the Continent. When I first met the lady in London she told me her name was "Roma." (Exhibit 16 contained the words, "With much love, yours R----.") Jepson's story about notes on board the Immingham is pure fabrication. (As to Exhibit 2, prisoner said that if he had had time to reply to the letter before it got into the hands of the police, he would certainly not have given any confidential information; but prisoner finally said, "It does appear to me—this is my opinion—that the man Richard, whoever he was, was simply waiting his opportunity until I was down. I think he would have come on me in time, when he thought I had got poor enough. I think that last letter with the money enclosed was a kind of bluff. He knew that I had been out of employment for some time and that I had been thrown out of employment, and he thought it was time to put the screw on me a bit, and perhaps get a little more information from me than I should be willing to give.") I have never before to-day made the explanation I have made here. (Q.) How comes it that you, with your long record of honourable service in the Navy, should I have told that pack of lies before the inquiry in August, not to protect yourself from an odious charge, but to serve a woman that you had sat next to in a music-hall for half an hour; can you explain that? (A.) I cannot explain it.
Sentence: Four years' penal servitude.
BEFORE THE RECORDER.
(Thursday, January 9.)
POPE, Joseph (46, estate agent), STILL, Alice (29), and MURPHY, Bridget O'Holland (42), all unlawfully forging and uttering, knowing the same to be forged, certain documents with intent to defraud, and conspiring together and with others unknown to defraud the Overseers of the Poor of the Parish of West Ham; Pope feloniously forging and uttering, knowing the same to be forged, three several receipts for the payment of money, in each case with intent to defraud. (Three indictments.)
Pope pleaded guilty of common law forgery and uttering. No evidence being offered against Still and Murphy, a formal verdict of Not guilty was returned.
Sentence: Pope, Nine months' imprisonment.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 9.)
RAND, Albert (19, cook), pleaded guilty of stealing one overcoat and one pocket case, the goods of Frank Barnett, and feloniously receiving the same; stealing one overcoat and one walking stick, the goods of Ernest Bell and feloniously receiving the same; stealing one purse, one key, and £1 4s. in money, the goods and moneys of Alice Barker, and feloniously receiving the same.
Sentence: Two years' detention in a Borstal Institution.
LONG, Arthur William (39, compositor), pleaded guilty of having been entrusted with certain property, to wit, £26 16s. 6d., the moneys of Charles Turk and others, in order that he might retain it in safe custody unlawfully fraudulently converting the said property to his own use and benefit.
Mr. Medcalfe prosecuted.
It was stated that prisoner had not been in trouble before, that his firm gave him the highest character, and that he was a married man with three children.
Sentence: Three months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 13.)
Mr. Medcalfe prosecuted; Mr. H. Warburton defended.
GEORGE EDWARD BACK , casemaker, 34, Pier Road, West Ham. On April 24 last I went to prisoner's house at 40 Brighton Road, accompanied by my brother-in-law (Mr. Ring), and I was introduced to prisoner. He showed me a piano which he said he had for sale, and, in reply to Ring, said everything was all right, and that he had a receipt for it. He added, "You see everything is upside down, but when I find the receipt I will bring it to you." Prisoner also said he was going to Canada. I paid him £11 10s. for the piano and got this receipt: "April 26, 1912, sold to Mr. G. Back, piano, 6,816, G. Venables and Co.; £11 10s.; by cash, £11 10s.; H. L. Grew." On the same day I removed the piano to my house. About a fortnight before Christmas two men came from Venables and Co., and in consequence of what they said I allowed them to remove the piano. I found that prisoner was living at Kilmarnock, and after some correspondence with him, I took these proceedings.
Cross-examined. I never received the money back because I took criminal proceedings. I wrote to him on December 13, and on December 16 he replied, explaining matters, and saying that only £2 1s. was owing on the piano. If I had paid that I could have kept the piano. The men told me much more was owing. If it had turned out that only £2 1s. was owing I would rather have paid it and kept the piano.
Re-examined. If I had offered the £2 1s. they would not have let me keep the piano. They told me that £16 13s. 6d. was due. If I had known there was anything due I should not have bought the piano.
ALBERT JOHN ODAM . I am employed by Charles Venables and Co., piano manufacturers, 197, Essex Road, Islington. I produce an agreement, dated November 17. '09, between the prisoner and my company for the purchase of a piano valued £23 2s. It was to be paid for at the rate of 10s. 6d. a month. Up to April 26, '12, prisoner had paid £6 8s. 6d., leaving £16 13s. 6d. due; and since that date £1 2s. 6d. had been paid, so that there is still owing £15 11s. We never gave prisoner a receipt for the purchase money of the piano.
Detective-sergeant JOHN MARSHALL, K Division. On December 21 I conveyed prisoner from Kilmarnock to West Ham Police Station. On the way he said, "I had no intention of defrauding Mr. Back of his money. I have been paying instalments to Venables' for the piano up to November. If I had paid what was owing for the piano out of the £11 10. Back would have had his piano and I should not have been
here. Instead I used the money to get to Kilmarnock and to pay for my wife and children's fares. What was over I used for stock in my shop. There is only about £2 to pay on it, as I had commission to come from them. I have two statements from them and a leter from Mr. Back, which I shall explain to the magistrate. I made no secret of going to Kilmarnock. If my action was dishonest, or I intended to defraud Back, don't you think I should have covered up my going away so as not to be found. Nearly everyone in Brighton Road knew where we had gone." He handed me the two statements from Venables' and one appeared to show £9 1s. 6d. commission due.
ALBERT JOHN ODAM , recalled. The commission has nothing to do with this particular piano. There was some commission due to him in April; I could not give you the exact amount. In November last when we received his last payment the amount of commission due to him was £7 11s. We would have set that off against the other transaction.
Cross-examined. He had not applied for the commission. It was an understanding that certain of the commission he received on other transactions was to be placed to his account, some being paid in cash. But what was paid in cash was to go to his account off the piano. In that case a good deal more was paid off the piano account than would appear on the piano account. It is a confusing account in a way, because he pays cash, and commission also comes off the transaction. It is the same as if we paid him commission in cash and we paid it back.
HERBERT LAWRENCE GREW (prisoner, on oath). I will explain how I arrived at the figure of £2 1s. The first account shows £9 6s. 6d. and, underneath, a balance of 17s. I applied to Venables' for 6s. 6d. and asked them to put another 10s. 6d. to my account. In 1911 another account showed that there was more commission due to me and there was a balance of 14s., which I never drew from them. You will see from both accounts it works out at £19 odd. They admit on March 4 there was another 2s. 6d. due to me on a piano and no doubt Messrs. Venables' representative can tell us there is a bit more due now. Then there were the other small instalments I paid up to November. It was my intention to pay up the whole of this.
Cross-examined. I will not swear that I did not tell Mr. Back I had got a receipt for the piano.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 15.)
Mr. Medcalfe prosecuted.
Police-constable FRANCIS GOLDFINCH, 403, K Division. On December 7 at 10.45 p.m. I was on duty in Barking Road near the butcher's shop of William Samuel Harris. I saw prisoner loitering about for some seven or eight minutes and then take two pieces of beef off a stall and put them under his coat. He had not got more than seven yards away when I arrested him. He dropped one piece of beef and the other was under his coat. When charged at the police station he made no reply. When searched he said, "That's right, guv'nor; I know you." He was not drunk, but he had been drinking; he said it was through the drink.
Prisoner. I had been drinking a drop of rum and it got into my head. I did not know properly what I was about. Of course, I am guilty, but I did not know what I was doing. I am very sorry. It will never occur again. I shall never touch another drop of intoxicating drink while I live.
Several previous convictions for theft were proved, and it was stated that prisoner was a constant associate of thieves.
Sentence: Three months' hard labour.
COOPER, Frank (27, labourer), and GOMM, Owen (22, labourer), both breaking and entering the warehouse of Spencer Thomas Price and stealing therein 1,800 bags, his goods, and feloniously receiving the same; both stealing one van, the goods of Albert Smith, and feloniously receiving the same.
Mr. Medcalfe prosecuted; Mr. Purcell defended.
FREDERICK WHITEWICK , foreman to Price and Co., Narrow Road, West Ham. On October 20 I had 1,800 sugar bags in the warehouse, and the bags were safe at 7 p.m. When I arrived there next morning at 6 a.m. I found the doors broken open and I missed the ebags. I paid 3s. 7 1/2d. a dozen for them. That evening I went with the police to Alpha Mews, Walworth, and identified 1,500 out of the 1,800 bags; they would be worth about £50.
FREDERICK SMITH , carman and contractor, 143, Great Bland Street, Walworth. Two men whom I do not know called at my house on the afternoon of October 21 and asked me to go to Alpha Mews. When I got there I saw one of the men who called on me and also the two prisoners. There was a lot of bags in a stable. Cooper asked me what I could afford to give for the bags, and I told him half-a-crown a dozen. He told me everything was all right. I had not the ready money with me, and I went to the bank to get the money. When I got back the men were not there, but the bags were still there. I waited about an hour, and the police came. At a later date I was shown some photographs by the police, and I picked out two as being, as I thought, two of the men. On December 8, at the police station. I picked out the two prisoners from about twelve who were there. I had only seen the chaps for about two seconds, and I could not go right up to them and say, "They are the chaps." I was doing business with the chaps, and I did not notice a lot about them.
Cross-examined. There was a man named Eagles with me, and he had a better opportunity of seeing the two men than I had. Eagles was at the police station when I was, and he failed to pick out anybody. I picked out from the row two men whose photographs the police had shown me a few days before. Eagles picked out the same two photographs that I did, but failed to pick out anybody at the station. I would have sworn they were the men at the time I went to identify them, but I could not swear that on oath now, because there is a bit of a doubt somewhere with me.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Thursday, January 9.)
DOLLING. Frank How (49, painter), pleaded guilty Of unlawfully obtaining credit from T. S. and C. Parry for £2 13s.; from the Anthracits Association, Limited, for £12 10s. 2d.; from Stratton Gentry, Limited, for £2 18s.; from the Gwauncae-gurwen Colliery Company, Limited, for £12 4s. 9d.; from Lipton's, Limited, for £1 12s. 0 1/2d. and 8s. 7d., under false pretences and by means of fraud other than false pretences, and obtaining from George Alfred Shave 12s. 8 1/2d. by false pretences with intent to defraud.
The police stated they had received many complaints of similar frauds committed by the prisoner.
Sentence: Nine months' hard labour.
BEFORE JUDGE RENTOUL.
(Tuesday, January 21, Wednesday, January 22, and Saturday, January 25.)
LEWIN, Percy Jeffery, otherwise Harry Albert Lent (32, traveller) , stealing within six months, to wit, on October 22, 1912, one purse, £4 15s., two keys, and a cloak-room ticket; on October 23, 1912, one trunk and other articles, and on October 28, 1912, one pin, of the goods of Amy Sophia Rushmore; unlawfully by false pretences procuring a woman to have unlawful carnal connection with himself she not being a common prostitute or of known immoral character; stealing within six months, to wit, on October 23, 1912, one squirrel stole; on October 26, 1912, two nightdresses and two chemises, and on October 28, 1912, one bedgown and one table cover, of the goods of Amy Sophia Rushmore.
Mr. Travers Humphreys and Mr. E. C. P. Boyd prosecuted.
Prisoner was tried on the first indictment.
Verdict, Guilty. The other indictments were not proceeded with.
Sentence: Five years' penal servitude.