Vol. CLVIII.] [Part 942
CENTRAL CRIMINAL COURT
HELD MARCH 4TH, 1913, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
H. DELACOMBE ROOME, ESQUIRE,
OF THE MIDDLE TEMPLE.
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED, 10, TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, March 4th, 1913, and following days.
Before the Right Hon. Sir DAVID BURNETT , Knight, LORD MAYOR of the said City of London; the Hon. Sir JOHN ELDON BANKES, Knight, one of the Justices of His Majesty's High Court; Sir ALFRED JAMES NEWTON , Bart.; Sir WM. PURDIE TRELOAR, Bart.; The Rt. Hon. Sir T. VEZEY STRONG , K.C.V.O.; Sir T. BOOR CROSBY, M.D., LL.D.; Sir WM. HY. DUNN , Knight; and JAMES ROLL , Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET , Knight, 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. FIFTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, March 4.)
It was stated that nothing was known against prisoners, who bore good characters. They had been in prison since January 20. They were now released, each on his own recognisances in £20, to come up for judgment if called upon.
CRANDLE, Edward John Walter (28; postman), pleaded guilty of stealing a postal packet, a ring, and 2s. 3d. in money, the property of His Majesty's Postmaster-General, he being an officer of the Post Office.
Mr. Forster Boulton prosecuted.
Prisoner had been in the Royal Army Medical Corps, serving eight years with the colours, and attaining the rank of corporal.
Sentence: Six months' imprisonment, second division.
PASMORE, Frank John (20, postman), pleaded guilty of on January 13, 1913, stealing a postal packet and a postal order for 2s. 6d., the property of His Majesty's Postmaster-General, he being an officer of the Post Office; on same date, stealing a postal packet and a postal order for 2s. 6d., the property of His Majesty's Postmaster-General, he being an officer of the Post Office; on January 9, 1913, stealing a postal packet and a postal order for 9s., 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 upon each indictment, to run concurrently.
Mr. Forster Boulton prosecuted.
Sentence: Eight months' imprisonment, second division.
BARRETT, Joseph Patrick (48, postman) , stealing a postal packet, a chain, and 5s. in money, the property of His Majesty's Postmaster-General, he being an officer of the Post Office. [Pleaded guilty. See original trial image.]
Mr. Forster Boulton prosecuted.
Prisoner had been in the 2nd City of London Fusiliers, serving 12 years with the colours, and going through the South African war.
Sentence: Six months' hard labour.
HAMBLETON, William (24, postman), pleaded guilty of on December 4, 1912, stealing a postal packet and a postal order for 2s. 6d., the property of His Majesty's Postmaster-General, he being an officer of the Post Office; on February 13, 1913, stealing out of a postal packet in course of transmission by post, a postal order for 2s. 6d., 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 upon each indictment, to run concurrently.
HAROLD, Charles (22, labourer), and JOHNSON, George (28, labourer) , both burglary in the dwelling-house of Kate Mary Stevens with intent to steal therein; both feloniously causing certain grievous bodily harm to and wounding Kate Mary Stevens with intent to do her some grievous bodily harm.
Harold pleaded guilty to the first indictment and was not tried on the second; Johnson pleaded guilty to both indictments.
Johnson confessed to having been convicted, at London Sessions, on June 12, 1906, in the name of George Eales, of larceny, and many other convictions were proved. Harold had been bound over in August, 1910, for larceny.
The prosecutrix, an old lady of 83 and a cripple, had been very brutally assaulted, narrowly escaping with her life.
Sentences: Harold, Eighteen months' hard labour; Johnson, one week's hard labour in respect of the burglary; five years' penal servitude in respect of other offence; to run concurrently.
Mr. Forster Boulton prosecuted; Mr. W.W. Grantham defended.
Police-constable GEORGE WHITE (attached to the General Post Office). On February 13 I saw prisoner go to Customs Station Post Office. He handed the clerk the book (Exhibit 1), the clerk gave him the warrant (Exhibit 2); this he filled up and signed, also the receipt form (Exhibit 3), purporting to be signed by Richard Vickers, T. Gell, and A. Gell. I asked him to go with me to the General Post Office and he did so. There, after the usual caution, he said he had nothing to say. Later he said, "I did sign the warrant; the money
is wanted to pay the lodge dues at the chief office; the two trustees, T. and A. Gell, whose names I signed, have resigned, and their two successors have not yet received their papers to sign as trustees." At the end of January a notice of withdrawal had been sent, and was returned by the department on the ground that it did not bear the signatures of all the trustees. Prisoner wrote on February 1 stating that another member of the society had signed for A. Gell, as he was not available, so that there might be no delay.
Cross-examined. T. and A. Gell did resign last September. Prisoner has been many years employed by the Gas Light and Coke Company and is still there. He has been secretary of the lodge referred to (the Pride of Custom House Lodge Friendly Society) for the last two years.
ALFRED THOMAS GELL , lighterman. I am a member of this lodge and was a trustee up to September last. Prisoner was secretary. The signatures in my name on the documents produced are not in my writing; I never authorised anyone to sign them.
Cross-examined. It was the custom in our society for us to sign each others names to save time. Sometimes when I have been away I have given prisoner authority to draw out money for the purposes of the lodge; there are certain dues, such as sick pay, that must be paid as they are wanted, and I might be away on the river for days together. I know that on January 13 there was about £10 required for dues. I have known prisoner since he was a boy; he is of the highest character, and I do not think in this case he had any criminal intention.
(Wednesday, March 5.)
The Recorder. It seems to me that the question which presents itself in this case is whether what was done was done with intent to defraud, and the difficulty here is the evidence of the last witness, who says, "I have on previous occasions given him authority to sign my name." When one trustee has given permission it would perhaps not be unreasonable to suppose that in a case of emergency the prisoner would feel justified in signing again; it is not right, of course, but it is not sufficient to justify his being convicted.
Under the direction of the Recorder the jury returned a verdict of Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 4.)
CLAY, Charles (38, traveller), pleaded guilty of forging and uttering, knowing the same to be forged, an order for £6 11s. 9d., with intent to defraud; having been entrusted with certain property, to wit, a cheque for £6 11s. 9d., the property of Frank Johnson, unlawfully did fraudulently convert the same to his own use and benefit.
Sentence: Five months hard labour in respect of each offence to run concurrently.
Prisoner confessed to having been convicted at this Court on September 10, 1912, of forgery and uttering, being released on his own recognisances in £5 to come up for judgment if called upon. It was stated that prisoner robbed his widowed mother of the goods mentioned in the indictment.
Sentence: Nine months' hard labour.
WESTWOOD, Frederick Charles (31, tailor's cutter) , forging and uttering, knowing the same to be forged, an order for payment of £75, with intent to defraud, he being a habitual criminal; stealing one watch, the goods of Arthur Austen Macgregor Layard, and feloniously receiving the same; obtaining by false pretences from the London City and Midland Bank, Limited, the sum of £75, with intent to defraud; allegation in each case that he is a habitual criminal.
Mr. H. Cassie Holden prosecuted.
Prisoner was tried on the first indictment.
DONALD HENRY PETTITT , 27, Chancery Lane, solicitor. Until December 31, 1912, I carried on business as Pettitt and Valentine; Mr. Valentine then retired. On Christmas Eve last I left the office at 5.30 p.m., leaving my cheque-book (produced), which I had used that day, in the office. On December 30 I found some cheques and counterfoils had been torn out. I did not sign cheque (produced) "Pay C.E. Philpots, Esq., loan, or order £75, Pettitt and Valentine," endorsed "Chas. E. Philpots in re mortgage," nor did I give anybody authority to sign it. Only myself and Mr. Valentine were authorised to draw cheques in the name of the firm. We have a client named "Philpot," but his initials are not "C. E." An attache case also disappeared; I have not seen it since.
Cross-examined by prisoner. I do not know you. The attache case produced at the police court was about the same size as mine, but I could not swear to it. The cheque-book was left in an unlocked draw. A fountain pen and a pair of scissors were also missed. The police showed me one or two fountain pens, but none of them were mine. We did not put a notice up saying we should return after Christmas.
HENRY STANLEY NORMAN WHITE , clerk to last witness. On Christmas Eve Mr. Pettitt handed me cheque-book (produced), which I put in the unlocked drawer of a desk in his room, where we also kept returned cheques. The last cheque drawn then was F08092, dated December 24. On that date I left at 7.30 p.m. and locked the office door behind me;
there was nothing the matter with the lock then. I returned on Monday, December 30, when I found that 10 cheques with the counterfoils had been torn out of the cheque-book.
To prisoner. I have never seen you before. I do not think anybody in another office could see through into our rooms—the windows are too dirty. Some of the returned cheques were also stolen, some of which may have been for as large amounts as £75 to Philpots. Nobody else but Mr. Pettitt, Mr. Valentine, and myself would have an intimate knowledge of the extent of the banking account. During the six years I have been employed by the firm no occurrences of a nature similar to this have occurred.
(Wednesday, March 5.)
WILLIAM GEORGE CAPEL , cashier, Law Courts branch, London City and Midland Bank. On Saturday, December 28, between 12.50 and 12.55 this cheque was presented at the counter by a man who asked for three £20 notes and the rest in gold. I paid him three notes, Nos. 33964, 39926, and 39927, bearing date September 16. None of them were endorsed then. On January 14 I was at Bridewell Police Station. I identified a man who was not prisoner. I believe prisoner to be the man who cashed the cheque.
To prisoner. I was in a position to distinctly see the man who cashed the cheque. I said at the police court that I took sufficient notice to know it was not Mr. Pettitt's clerk. After the rest of the men were dismissed I remained in the charge room. I was able to hear what was said by the inspector and solicitor. The bank manager has not impressed on me the necessity of identifying the man. I did not see Mr. Dunslow before I went to Bridewell. He did not describe the man who called on him. I did not notice any disfigurement about the man who cashed the cheque or any eruption on his face or any lameness.
FRANCIS CHAMBERS , cashier, Law Courts branch, Bank of England. I recognise the £20 note, No. 39927 as having been cashed at our branch. The endorsement on it was made in my presence; it is "Charles Philpot, 27, Chancery Lane." I paid out 20 sovereigns just before 1 p.m. on December 28.
To prisoner. I am not able to identify the man who cashed the note.
THOMAS SWINGER , inspector of accounts, bank note office, Bank of England. The note, No. 33964, was handed to us by the London City and Midland Bank with others on January 13; No. 39926 was cashed over the counter at Threadneedle Street on December 30 and is endorsed "C. E. Philpot." I also produce three £5 notes.
To prisoner. I did not personally cash the notes. I have never seen you at the Bank of England.
kept similar cigars. I said "No," and showed him others; one took his fancy, and he said it would be very useful for club purposes. He said he had only ten minutes to catch the train and was going away for ten days. The price of the cigar was £5 per 100. He said he could not take them with him and would call for them when he returned. I said I would keep them. He turned to go out, then hesitated and said, "By the way I could take the cigars, but I have nothing less than a £20 note." I said I could get it cashed. I endorsed it. That is No. 33964. It has another endorsement, "C. E. Philpot, 27, Chancery Lane." My boy cashed it at my bank. I asked prisoner if I should send the cigars; he said "No." After consideration he said, "You might pack them for me and address them to my private address," and gave me a card with the address of 213, Warnford Court; I wrote on it "Evelyn Lodge, Westcliff-on-Sea," at his dictation. My boy brought back from my bank three £5 notes and £5 in gold. I should not recognise those notes again. I handed them to prisoner after deducting £1 5s. for the cigars. I saw him in my shop again on January 13. He said he liked the cigars, what would I take per 1,000; I said 95s., or 90s. for any quantity over 1,000. He had with him a little attache case, which is to the best of my belief Exhibit 4. I identified prisoner at the Bridewell on January 14. I never saw Mr. Capel before I saw him at the police court.
To prisoner. I did not see the attache case on your first visit. You were anxious for me to cash the note. After the identification I remained behind with Mr. Capel in the charge room. We did not discuss the pros. and cons. of the case. They were not mentioned at all. It was the fairest identification I have ever seen. The police did not tell me that you had told them I should know you as a customer. When you called the second time you never mentioned about making a profit on the cigars. You did not tell me that the cigar you were smoking was a sample from a stockbroker friend or that you wanted to get some similar ones; you said you bought them in Bond Street and paid 1s. 6d. each.
To prisoner. When you were in the shop I did not overhear anything about an address. I was in the shop when you came the second time. I do not remember any conversation about selling cigars at a profit. Mr. Dunslow has not told me what kind of evidence he wishes me to give.
Station, where you will be detained pending inquiries regarding a cheque which, together with others, was stolen from an office at 27, Chancery Lane, occupied by Mr. Pettitt, a solicitor. Other property was stolen, and the cheque in question was presented at the London City and Midland Bank on December 28, and the person who presented it received three £20 Bank of England notes and £15 in gold. One of those notes was presented the same day to the Law Courts branch of the Bank of England and another at the Bank of England, Thread-needle Street, on December 30. I am informed that you cashed the third note with Mr. Dunslow, trading as Frederick Nix and Son, tobacconist, Bishopsgate Street, on December 30, and you told him your name was W. F. Maxwell Williams and your address 213, Warnford Court, and you also gave an address at Westcliff. I have made inquiries at Warnford Court and the name of Maxwell Williams is unknown there, likewise the number 213." I told him he need not make any reply to any questions I asked him. He replied, "I do not understand. I remember having business with a stockbroker with reference to some Bank of England notes; I will not say any more until I have seen my solicitor. I do not wish to give the name of the stockbroker." He was taken to Bridewell Police Station. He then asked me to tell him again how the cheque came to be cashed. I told him again, and he replied, "I expect you know enough to hold me. Maxwell Williams is my racing nom de plume." He was put up for identification with eight other men and then formally charged. I showed him the cheque which had been forged, and he replied, "I have not received £75 from anyone; all I know is I did cash a £20 note with a tobacconist, but I can account for where I got it." When I searched him I found upon him 3s. 11d., a gold sovereign and stamp combination box, two pocket diaries issued by Walter Bull and Sons, a bookmaker's book of rules, nine keys on a steel ring and chain, four letters, and two hotel receipts. I should describe the keys as skeleton or master keys, four of them. One key opens one door of Mr. Pettitt's office and two another. In company with Detective Dunning I went to 28, Bromley Road, Lea Bridge Road, Leyton. Prisoner's wife showed me two rooms which he occupied. In the bedroom I found a small attache case (Exhibit 4). It was locked. I opened it with one of the keys found in prisoner's possession. Inside I found a bunch of 28 various keys. Some of them are skeleton or master keys. I also found a Smith's diary (Exhibit 17) in another bag. The lock was in working order. It has been broken since it came into our possession. On January 15 I showed the articles to prisoner at Snow Hill Police Station and asked him how he accounted for the possession of them. He said he purchased the large bag at a firm in Oxford Street, near New Bond Street, and the small one at the same place at another time, that he paid 18s. 6d. for the large and 10s. 6d. for the small bag, and that both had had the locks repaired before Christmas in Wormwood Street at a bag manufacturers. In the green diary there is an entry "Bank passbook No. 10691 W. Street." On the inside cover is "To Mr. Westwood with
Messrs. Bull's compliments." In the diary are references to a railway journey to Darlington and details of expenses.
To prisoner. I was not at Bishopsgate Police Station when you were arrested. I was present there when you were searched. You turned the things out on to a table. I am not certain whether I searched you or whether Detective Dunning did. You did not attempt to conceal the things in any way. I tried the keys on Mr. Pettitt's office in the presence of Mr. White. I should describe the lock as an ordinary mortice lock. You did not write to the Commissioner of Police asking him to submit the keys to a locksmith; you asked for a skeleton key to be produced in court. I have ascertained that the entry in the green diary about the passbook refers to your savings bank book. When I searched your rooms I found no writing like that on the cheque or blank cheques, counterfoils, or letters of Messrs. Pettitt and Valentine. While under arrest you wrote some telegrams quite in the ordinary way. Mr. Dunslow told me you said your name was Maxwell Williams. I brought nine people to the Mansion House to look at you in connection with the forgery charge. None of them identified you. I found some 30 or 40 cards upon you with "Frederick Charles Westwood, Foreman Cutter," upon them. You did not ask for a subpœna to be issued for a Mr. Parker. I was aware you were a season-ticket holder on the Great Eastern Railway before I arrested you. I was not aware your address was easily obtainable; that was a matter for the railway company. I heard that someone had spoken to Mr. Parker about you.
Sergeant FREDERICK WISE . I saw prisoner at the Mansion House Police Court on February 7. Detective Dunning was present. Prisoner said to me that he wished to make a statement. I took it down in writing. (Statement handed to his Lordship, who said he did not see anything in it that made it desirable to put it in.) There was a reference to a man named Radley.
JOHN RADLEY , 130, Cleveland Street, N.W. I was in High Street, Bloomsbury, in October last when I saw prisoner and a man named Will Gill. I did not know prisoner's name. Gill asked me to have a drink. We went into the "White Lion." Prisoner brought out some keys and said, "I can open some offices in Chancery Lane with these keys." He then pulled out a key from his waistcoat pocket and said, "This is a master key; I can open anything with this." I should not be able to recognise the keys.
To prisoner. I am a clerk. I am out of work. After October I worked at Hamley's, in Regent Street. I left there on Christmas Eve. I have been a tipster. I took you to a bookmaker. You said if you won I should have half. You won just over £2. I had half. I collected the winnings. You told me to do so if you were not there yourself. I know a detective-sergeant at Tottenham Court Road Police Station. I used to sing at all their concerts. I have not concocted this story. The police asked me if I knew your face; I said I did, but did not know your name. I won't swear to having seen you more than six or seven times.
Detective-constable JAMES DUNNING . Exhibit 8 is a book in which there is a list of names of firms. I visited all those firms and showed them a photo of prisoner. In one case only was he known. I also visited the firm of Worth, where prisoner said he had bought one bag. Mr. Worth said he was absolutely certain the bag had never been in his possession.
To prisoner. I submitted both bags to Mr. Worth. He was certain the large one had never been in his possession. He was not so certain as to the small one. I did not find the invoice for them at your rooms. I did not submit the key chain to him.
(Monday, March 10.)
JOHN HENRY HAMPSHIRE , warder at Brixton Prison. Prisoner was in my charge at Brixton Prison. I identify two letters dated January 16 and 18 as having been written by prisoner. I handed him the paper to write them on.
To prisoner. You have written other letters—I should say four or five a day—while you were in my charge. You have a limp which would be noticeable to everyone.
WILLIAM JOSEPH PILLEY , salesman to W. W. Bridge, 4, Wormwood Street, E.C. I saw the two bags, Exhibits 4 and 5, on December 30. I riveted the lock on the smaller case myself. I identify No. 5 by the pins that rivet the lock on. I took off the lock in order to fit the key: I am certain prisoner is the man who brought the bags. He opened them in my presence. He took the little bag out of the big bag. Out of the small bag he took two bunches of keys. He said one of the keys used to lock one of the cases and he found it failed to do so. He took one bunch of keys with him and left the other with me. I recognise one key as one which I cut. I do not recognise any of the other keys. He said he was the manager of a factory and had left the keys at home and had to force the locks open.
To prisoner. You left one key apart from those on the bunch. It did not fit either of the bags. I did not try it. You threw it on the floor saying it was no good. If I noticed any peculiarity about any of the keys I should not be suspicious. I notice the peculiarity about this key handed to me: the pin of the lock is inside it. I could not lock or unlock the bag unless I took the pin out. If the police inspector says he did so, he might be able to.
HERBERT SELLARS , clerk, Post Office Savings Bank, West Kensington. I produce a certified copy of prisoner's savings bank account made by me. The deposit book is No. 10691 in the name of Frederick Charles Westwood, 28, Bromley Road, Lea Bridge Road, Leyton. The amount paid in between October 31 and December 18 is £11 5s. Between December 21 and December 28 the balance is 5s. On December 28 £15 was paid in, on December 30 £7 15s., December 31 £5; £27 15s. was carried over to the following year. On January 1 £1 3s.
was paid in. On January 3 £10 was drawn out, on January 6 £8, January 9 £1, January 13 £1.
Detective-sergeant GEORGE ROBERT CROCKFORD , Essex Police, South-end. I have made inquiries at Westcliff. I cannot find Evelyn Lodge or Evelyn House, or anything like it. I cannot find anybody of the name of Maxwell Williams at Westcliff.
To prisoner. I have not inquired whether any houses have been renamed since Christmas. I have made inquiries at the Post Office and amongst tradesmen and searched the directory.
RICHARD COOK , warder at Brixton Prison. (To prisoner.). I was present at two interviews you had with Inspector Hine. Some conversation took place between you when he served you with notice of additional evidence. I recollect the inspector saying, "If you have any complaint to make about this business put it in writing to the Commissioner of Police and it will be dealt with." He spoke smartly to you when he went away; he was anxious to get rid of you. I handed you this morning some pawntickets relating to jewellery. One is dated January 13, 1913, for a gold albert with coin attached. They relate to things pawned since you have been in custody.
Inspector HINE (recalled) (to prisoner). I see three entries in the diary Ex. 17. Mr. Cameron is an outfitter at Lambeth. Mr. Fowell is secretary of the Waifs and Strays Society, Mr. Hawarth is a clergyman at Wormwood Scrubbs Prison. I satisfied myself that the jewellery handed back to you had nothing to do with this case. I saw the letters which you addressed to the Public Prosecutor. He referred the matter to my Superintendent, Detective Dunning, and I made enquiries. Nothing was said to the bank clerk after the identification. You gave him every opportunity of properly identifying you. He failed to do so.
JOHN RADLEY , recalled (to prisoner). I was employed by Hamley Bros. for six weeks. I obtained that position by giving a reference and telling them where I had been working previously and how long I had been out of work.
WALTER ROBERTSON (to prisoner). I sell newpapers outside the "Baker's Arms." My wife keeps a shop at 337, Lea Bridge Road. You have been in the habit of getting certain papers from me. You have only bought one "Tailor and Cutter" off me. I know nothing of your financial position. If I asked you to pay before money was due you gave it to me.
Cross-examined. I knew nothing about what your trade was. I simply saw him pass in the morning and return at night.
WILLIAM GILL (to prisoner). I remember drinking with you in the "White Lion" on two occasions. I know John Radley. It is not true that on either of those occasions you produced a bunch of keys, saying you could open anything with them. My brother was not present in the "White Lion." I heard you complain about some money
Radley put on a horse for you and that he had not paid you. There is no truth in the statement that we went to these offices in Chancery Lane. I never saw you in possession of cheques or notes. Radley was only in our company on the two occasions I speak of.
Cross-examined. I have a brother named Ralph Gill. I am a ship's steward. I was sentenced to five years' penal servitude at this court last month for uttering a cheque. I have known prisoner six or nine months. I have never broken into offices in Chancery Lane or anywhere. The cheques in respect of which I got sentenced were given to me by a man. I do not know where they came from.
OLIVIA PREEDY , 28, Bromley Road, Leyton (to prisoner). I have known your wife some time and you since August, when you came from Manchester. You had then £10 or more, which you spent on a holiday for your wife and children. Your visit to Darlington was arranged months before. Your little girl has never spoken about your being with a certain man in the West End and your speaking about breaking and entering a place. I imagine she would understand such a conversation. I have not seen you in possession of three £20 bank notes. You usually left home about 8.45 a.m. and always returned about 7 or 7.30 p.m. You always paid me regularly.
Cross-examined. I believe prisoner is a tailor's cutter. He and his wife have told me so.
Inspector PEARSON (to prisoner). I was present at the identification at Bridewell Police Station. The bank cashier did not mention after the identification or at any time that he thought you were the man. I did not check Inspector Dunning on some remark he made in the presence of the cashier and Mr. Dunsloe.
Verdict, Guilty. The indictments for larceny and obtaining by false pretences were not proceeded with.
Prisoner confessed to having been convicted at London Sessions, on September 13, 1910, in the name of James Bertram Young, of felony.
Prisoner was then indicted for that he is a habitual criminal.
After proof of service of the statutory notice, evidence was given of the following convictions: At this court, May 16, 1904, in the name of Frederick Westwood, five years' penal servitude; at Highgate Petty Sessions, March 29, 1897, six months' hard labour; at this Court, October 22, 1900, twelve months' hard labour; at Bristol Assizes, November 27, 1902, twelve months' hard labour; at Belfast Assizes, July 19, 1909, twelve months' hard labour; and others. Evidence was also given of the theft charged in the second indictment.
(Tuesday, March 11.)
Verdict, Guilty of being a habitual criminal.
Sentence: Five years' penal servitude; five years' preventive detention.
BEFORE MR. JUSTICE BANKES.
(Wednesday, March 5.)
Mr. Ganz prosecuted; Mr. Purcell defended.
FLORENCE BANKS , 38, Saville Street, W. I met prisoner at 10.30 p.m. on January 26. I had never seen him before. I asked him if he would come home with me, and he did. We stayed some little time, then as he was going I said, "Can you find your way down-stairs?" He said "Yes." He was behind me, and I felt something sharp against my throat and I screamed "Police," "Murder." He came back to me again and I took the razor out of his hand. I went to the window and screamed out. I went to my bedroom door to open it, but he was outside holding it. Then I heard a bashing on the door. He let go the door and let me go and said, "I will give in." I was taken to another flat and my wound attended to. I was afterwards taken to Middlesex Hospital and remained there till January 29.
Cross-examined. Prisoner was a complete stranger to me. I know no reason why he should have attacked me. He was quite sober.
Cross-examined. I went up on the landing and saw prisoner held by a constable. I said, "Have they got him?" Prisoner said, "Yes, it's me; it's all right."
WILLIAM HARRY EGGA , house surgeon, Middlesex Hospital. Prosecutrix was brought in about 10.30 on this night. There was a wound in her throat 2 1/2 in. long, half-inch deep. None of the larger vessels were damaged. There were some cuts about the right hand. She left the hospital on the 29th, quite out of danger. The wounds could have been caused by the razor produced. Not much force could have been used.
Police-constable GEORGE PARANS , 396 D. I was in Saville Street when I heard screams and saw prosecutrix leaning out of the top window. I went up to flat No. 6. The door was locked. As we were breaking it open it was unlocked from inside, and prisoner rushed out. He was covered with blood; he was fully dressed. He threw up his arms and said, "I will give in." On the way to the station prisoner said, "They will be surprised when they hear the result."
Inspector ARTHUR REDDISH , D Division. Prisoner was brought to Tottenham Court Road Police Station on January 26. He was perfectly cool and collected. He said he did not know the girl. He simply went with her on this occasion. He made a statement which was taken down and signed by prisoner.
Detective-inspector MACPHERSON , D. Division, produced the statement as follows: "I did not intend to murder her. She started quarrelling, and I have had some trouble lately. I do not know why, but it is always a habit of mine to carry a thing like that (the razor) in my pocket loose. I have no reason why I went with her this night. Because of a little worry lately I must have been seized with a fit of insanity to make me do it. I did not intend at all to hurt her. I am sorry I did it, but at the time I did not know what I was doing. This is the first blot upon my life's character. I do not wish my name to be put in the papers if it can be stopped, for my people's sake."
Cross-examined. Prisoner has borne a thoroughly good character. [Guilty.]
Sentence: Six months' imprisonment, second division.
WHITTAKER, William (24, porter), pleaded not guilty of feloniously wounding William Whittaker, the younger, with intent to murder him and to do him some grievous bodily harm; guilty of attempt to commit suicide.
Mr. C. L. Collard prosecuted; Mr. Thynne defended.
Inspector EDWARD BENNETT . I saw prisoner at the station on February 3, told him I should charge him with the attempted murder of his child, and cautioned him. He said, "Very good, sir." He made no reply to the formal charge.
NELLIE CHURCH . I lodged with prisoner and his wife at 10a, Myra Road, Fulham. On January 21, by the first post, he received a letter from his wife. I heard him crying and asked him what was the matter. He said his wife had finished him. I advised him to write to her, and he did so, went out to post it, and returned at ten. He said he was going to lie down. He took the baby with him to bed. At 10.30 I heard the baby cry. I rushed into the bedroom and saw prisoner with his throat cut, also the baby's. There was a razor on the floor.
Cross-examined. Prisoner and his wife were in very poor circumstances, almost starving. Prisoner was very worried about his wife. I have heard him talk about a Mrs. Skoltop. I do not know that she is a woman who takes up girls and puts them on the streets.
Police-constable JOSEPH HALL , 54 B. I was called to the house at 10.45 and saw prisoner lying on the bed with a large wound in the throat. He said, "I got a letter from my wife this morning; I did not know what to do. I lost my head for a minute and cut my throat, and I believe the child's throat as well." On the floor I found the razor produced. I also found a letter to prisoner from his wife and two from him to her.
Police-constable ALBERT WOOD , 340 B. I went to the house after prisoner had been medically attended to. He said to me, "My wife went away from me and went on the streets; I found her in Hyde Park with a Jew fellow. I clouted him for being with her. He fetched a policeman and said I had stolen 30s. and a purse from him, and I got three months for it. She is a cow; it is all through her."
Dr. SAMBROOK FALCONER , who was called to the house, said that he found the child with a long wound extending practically from ear to ear. It was almost a miracle that the jugular vein was not cut; it was an unusually fat child, and this fact probably saved its life. Prisoner had a deep wound on the right side of the neck.
After some deliberation the jury said: We consider that prisoner is guilty of attempted murder, but was not at the time responsible for his actions, and recommend him to the merciful consideration of the court.
Mr. Justice Bankes pointed out that there was no evidence of insanity.
The jury again deliberated, and after a time said: We consider that prisoner is guilty of attempted murder, but should like to give expression to our thoughts that he was not accountable at the time for his actions.
Mr. Justice Bankes declined to accept this verdict, and further explained the law and the evidence.
Eventually the jury returned a verdict of guilty of unlawful wounding.
Prisoner confessed to having been convicted at Marlborough Street Police Court on May 9, 1910, of larceny. The police stated that he married his wife in December, 1909, and three days after the marriage he made her go on the streets. When she left him she had been suffering from syphilis for twelve months. He would not allow her to go to a doctor, being afraid that he would be charged under the new Act.
Sentence: Twelve months' hard labour in respect of the unlawful wounding; one month's imprisonment in respect of attempted suicide, to run concurrently.
WALLAND, Rudolph (27) , feloniously setting fire to the dwelling-house of Hettie Wheble, divers persons being therein, and feloniously by setting fire to certain papers attempting to set fire to the said dwelling-house certain persons being therein.
Mr. A. F. G. Henderson prosecuted. The evidence was interpreted (prisoner an Austrian).
WILLIAM KUSE , 362, Woolwich Road. On January 28, at 2.15 p.m., I was in bed. Mother called me up and I went next door, No. 364, to a room where prisoner lives. He and his wife and three policemen were there. There was burnt paper there. I said to prisoner in German, "What's the matter?"; he said "nothing." He said "When the policemen have gone I shall set fire to the house again." The policemen left, but stood on the opposite side of the road watching. Prisoner went out to a public-house. I went back to my door. In ten minutes he returned and the policemen arrested him. Before that I asked him
if he set fire to the place. He said he did not mean to do it, only to frighten his wife and burn some paper. He and his wife had been quarrelling. He was drunk.
Police-constable ERNEST GRENNAN , 810 R. I saw smoke coming from prisoner's room and I went up there. There was a heap of paper and other articles ablaze on the floor in the centre of the room. I put the fire out. There was no carpet on the floor. I arrested prisoner.
WILLIAM GEORGE SANDERS , of the Fire Brigade, said that on responding to the call he went to the room and found some charred paper and wearing apparel. He did not think there was sufficient to have set the floor alight.
Mrs. HETTIE WHEBLE , 364, Woolwich Road. Prisoner, with his wife and child, lodged in my first floor front room. At 2.20 p.m. on January 28 I was fetched from my work and went to this room. Prisoner and his wife were there. On the floor were some paper and rags that had been burnt. The police were there and the fire had been put out.
Prisoner's statement before the magistrate: "All I wish is that my wife should speak a word or two for the truth."
RUDOLPH WALLAND (prisoner, on oath). I was drinking from the early morning because I was quarrelling with my wife. She reproached me for it and said that the bedding belonged to her. I took the paper and burnt it to frighten her. It never entered my mind that I should set the house alight. I said to her; "If you will not be quiet I will put fire to the beds."
Mrs. ROSA WALLAND (prisoner's wife). (Witness was first asked by his Lordship if she wished to give evidence, and replied "yes.") On this morning when prisoner came home he fell asleep by the table. I told him to get up and go to work. He said he was not going. Then I quarrelled with him. I took the bedding and put it all over the place and told him he had better clear out of it. He broke two glasses. He took some paper out of a drawer and lit it. I trod upon it. I consider that I am the guilty person. It was my fault altogether. If I had not aggravated him about the bedding he would not have done anything.
The Jury stopped the case, as they considered there was no evidence that prisoner intended to set fire to the house. It was merely the case of a drunken man setting fire to paper.
Verdict, Not guilty.
PETRICKOSKY, Joseph (48, traveller) , putting forward as true certain false declarations on applications for passports; unlawfully forging and uttering, knowing the same to be forged, certain writings, with intent to deceive.
Mr. Bodkin and Mr. Graham-Campbell prosecuted.
After the jury had been sworn and counsel had opened the case, prisoner pleaded guilty to the first count. A verdict of Guilty on this was returned; the other charges remain on the file of the court.
This case was similar to the cases of R. v. Naylor (present vol., page 360); R. v. Benson (present vol., page 206); and R. v. Edwards (CLV., page 510). Prisoner is a Russian and has been in this country some 21 years.
Prisoner said that he had been a lecturer on languages at Liverpool University and had been for ten years an official interpreter at this court. He had unsuccessfully applied for a naturalisation certificate. His work at Liverpool having ceased owing to lack of funds of the University, he had accepted an engagement as Continental traveller to a British firm and had to obtain a passport. It was the refusal of a naturalisation certificate that compelled him to evade the law and to obtain a passport by the means he had adopted.
Sentence (prisoner having been five weeks in prison): Five months' imprisonment, second division.
BEFORE THE RECORDER.
(Wednesday, March 5.)
SODEN, Charles John (26, tailor), and SMITH, Robert (25, motor engineer) , Soden stealing one suit case and other articles, the goods of the Great Western Railway Company, and feloniously receiving the same; Soden stealing one bicycle, the goods of William Hogan, and feloniously receiving the same; Soden stealing one bicycle, the goods of Joseph Gurney, and feloniously receiving the same; both stealing one bicycle, the goods of John Kelly, and feloniously receiving the same.
The Grand Jury ignored the bill presented against Smith.
Soden pleaded guilty.
The police stated that prisoner had been discharged from several situations owing to his dishonesty.
Sentence (Soden): Six months' imprisonment, second division, on each indictment, to run concurrently.
Mr. Forster Boulton prosecuted.
MALCOLM BRODIE , clerk in the secretary's office, General Post Office. I was instructed to make inquiries with regard to complaints of losses occurring at the Western Central District Post Office, where prisoner was employed. On February 11 I made up a test packet addressed to "Miss C. Rose, c/o West London Creamery Company, 103a, Great Russell Street, London, W.C." I put in the packet a written communication, a brooch, a florin, two shillings, and two sixpences. I securely fastened that packet and gave certain instructions with regard to it. That night at 9.30 p.m. I interviewed prisoner at the Western Central District Office. I told him my name and rank in the Post
Office; I described the test packet to him, told him it was sorted into his walk, and said, "Do you know anything about it?" He replied, "No, that is not on my walk." At my request he turned out his pockets and produced the florin, the two shillings, and the six-pence (produced), all of which I identify as being coins I put in the test packet, I having punched them with my private mark, which can now be seen with the aid of a magnifying glass. I pointed out the marks to prisoner and told him I identified these coins as those I placed in the test packet. Prisoner said, "You have made a mistake, that is all I can say." I asked prisoner what he had done with the other sixpence; he denied all knowledge of it. I identify packet (produced) as being the packet I made up. It has been broken open and the coins are missing.
Cross-examined by prisoner. This test packet was addressed to a place outside your walk; being sorted to your walk it was your duty to throw it out.
RICHARD STRONG MORGAN , overseer, Western Central District Office, Bloomsbury. Prisoner is employed under me at the Western Central District Office. On February 11 I received test packet (produced) from Mr. Violet; it was then intact and securely fastened. At 8 p.m. I placed it in the box into which letters for prisoner's walk are sorted. The test packet was addressed outside prisoner's walk. In the case of a mis-sort it is the duty of a postman to throw out a letter to be resorted. At 8.30 p.m. I saw the test packet on its proper walk. I examined it next morning and found it was broken open.
Detective FREDERICK JARVIS , attached to the General Post Office. I was present when Mr. Brodie made up test packet (produced). At 8 p.m. on February 11 at the Western Central Post Office I saw Mr. Morgan place it in prisoner's box. Prisoner came to take up his letters; he took up the test packet and stood looking at it for about 30 seconds. He then placed it with his other letters. (Witness corroborated Brodie as to the interview with prisoner.) When charged prisoner made no reply.
CHARLES GRAINGER (prisoner, not on oath). If what Brodie says is true, it would have been my duty to clear this packet; whether I did or not I do not remember, because I have so many to clear; I have big armfuls. It is our duty to throw out what does not belong to us; we do not look where they are thrown. I did not notice this one. I do not know whether this test packet ever came into my possession or not. When arrested I had over £2 in my possession; it was all my own money.
Other articles, believed to have been stolen from postal packets, were stated to have been found on prisoner when arrested.
Sentence: Nine months' hard labour.
Mr. John Harris prosecuted.
WILLIAM HENRY HATTERLEY LOHMANN , Hayes, Middlesex, retired licensed victualler. On February 24 at 1.45 p.m I was with my wife near Blackfriars Station when I received a violent blow in the stomach, and my watch and chain with £2 piece attached (value about £40) were snatched from my waistcoat pocket. The bow of the watch was broken and the watch and chain fell on the pavement. The thief ran away. I could not see who snatched my watch and chain. Prisoner was brought back by a policeman in custody and was identified by my wife.
(Thursday, March 6.)
EVA LOHMANN , wife of the last witness. On February 24 at 1.45 p.m. I was with prosecutor in Queen Victoria Street when prisoner snatched his watch and chain, which fell on to the pavement. Prisoner ran off. I followed, calling "Stop thief," into Water Lane. A policeman stopped him. My husband then came up and charged prisoner.
Police-constable MATTHEWS , B Division, City. On February 24 at 1.45 p.m. I as on duty opposite Water Lane when a man pointed out prisoner, who was running up Water Lane. I ran after him and stopped him—he was then walking. I said, "I think you have just stolen a watch and chain." He said, "I know nothing of a watch and chain. What are you stopping me for?" Mr. and Mrs. Lohmann then came up. Mrs. Lohmann identified the prisoner, and said, "This man has just stolen a watch and chain from my husband in Queen Victoria Street." Prisoner made no reply. He had a fresh cut on the inside of the fourth finger of his right hand; it was bleeding. I then took him to the station. He was charged and made no reply.
Cross-examined by prisoner. You were about 18 yards off when I saw you; Mr. and Mrs. Lohmann came up three minutes afterwards.
JOHN SMITH (prisoner, on oath). On February 24 I was walking up Water Lane when the constable stopped me and said, "I give you in charge for stealing a gentleman's watch." I said, "I do not know anything about the gentleman's watch and chain." He detained me. A few minutes afterwards another constable came up and said, "It is all right, take him to the station." I saw nothing of Mr. and Mrs. Lohmann until I came to the station. What the constable says is all untrue.
Cross-examined. I was going to Smithfield Market. I heard no one called out "Stop thief." I was running because I saw a chum of mine, whom I knew when I was a soldier, and I ran a few yards to try and catch him. He was not running; I missed him. I had not been
running before. Mrs. Lohmann is quite wrong. She identified me at the police station. I got that cut on my finger in this way. Just before I got into Water Lane I was trying to pass the traffic in Ludgate Circus and my finger was cut on the tailboard of a van.
Police-constable MATTHEWS, recalled. (To the Recorder.) After I had stopped prisoner another constable came up; I sent him to find the prosecutor. Mr. and Mrs. Lohmann came up; Mrs. Lohmann identified the prisoner, and they followed to Bridewell Police Station.
Prisoner confessed to having been convicted, at London Sessions, on February 9, 1909, receiving 21 months' hard labour, for stealing boots. Six other convictions of burglary and larceny were proved, commencing in 1905.
Sentence: Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 5.)
Prisoner confessed to having been convicted, at this court, on April 3, 1905, in the name of Edith Simmons, of felony.
Prisoner was bound over on her own recognisances in £10 to come up for judgment if called upon.
CAMPBELL, Nigel (18, clerk) , indicted for unlawfully forging and uttering, knowing the same to be forged, a pass of the London General Omnibus Company, Limited, with intent to defraud, pleaded guilty of uttering. This plea was accepted.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH
(Wednesday, March 5.)
VIRTUE, Harry, otherwise known as Richard Henry Barber (45), pleaded guilty of feloniously giving a false certificate relating to the death of Benjamin Billingley; like offence relating to the death of Thomas Rossington; like offence relating to the death of Mary Elizabeth Bloom; like offence relating to the death of William Allsopp; like offence relating to the death of Rachel Woolley; unlawfully procuring himself to be registered as a medical practitioner on the Medical Register kept in pursuance of the Medical Act, 1858; unlawfully forging certain certificates under and for the purposes of Births and Deaths Registration Act, 1874.
Mr. Bodkin and Mr. Whiteley prosecuted; Mr. George Elliott, K.C., and Mr. Robertson appeared for prisoner.
Mr. BODKIN said that in 1890 Dr. Richard Henry Barber left this country for Portland, Oregon, and practised in America until he was drowned in 1904. In 1906 a request, signed "Richard Henry Barber," was received by the Registrar of the General Medical Union that Dr. Barber's address should be altered to 52, Tunnel Road, Liverpool. Similar requests were made in 1911 and 1912. In September last he was acting as assistant to a medical practitioner in the Midlands, and suspicion being aroused, the Medical Defence Union were communicated with. A letter was sent to him on September 10, and the same night he left the district. He was arrested at Liverpool whilst trying to leave the country by Chief-inspecter Fowler. On the way to London prisoner managed to open the door of the carriage and dropped from the train. Inspector Fowler and another detective held him by his collar, which broke, and he fell on the line, but he escaped serious injury. He was eventually recaptured and since then had been malingering.
Mr. ELLIOTT said that from 1905 to 1912 prisoner acted as locum tenens to ten or eleven professional men, and in no fewer than four instances was he actually re-engaged. He had shown great skill. He studied medicine at Boston University and other places in America. He became M.D. of Chicago and Wisconsin, in addition to obtaining a diploma in Peru.
Sentence: Nine months' imprisonment, second division, on each indictment, to run concurrently.
HEAL, William Henry (53), pleaded guilty of forging and uttering, knowing the same to be forged, the endorsement on seven several Bills of Exchange for payment of the sums of £120, £55 14s. 7d., £34 13s., £48, £62, £50 4s. 6d., and £150 respectively, in each case with intent to defraud (seven indictments); forging and uttering, knowing the same to be forged, three several receipts for the sums of £48, £150, and £120 respectively, in each case with intent to defraud (three indictments); obtaining by false pretences from E. Lacon and Co. bankers' cheques for pavment of the several sums of £34 13s., £150, £48, £120, £50 4s. 6d., £62, and £55 14s. 7d., in each case with intent to defraud; forging a deed with intent to defraud, and uttering same.
Mr. Travers Humphreys prosecuted; Mr. George Elliott, K.C., and Mr. H. St. John Raikes appeared for prisoner.
Mr. Humphreys stated that prisoner was employed by Messrs. E. Lacon and Co., Ltd., brewers, as their agent for the Cambridge district, and he had embarked on a career of extravagance and taken his employers' money to the amount of at least £9,000.
Mr. Elliott said that prisoner had left the army with an exemplary character. He was sent to Cambridge to push his firm's trade in the district, and he might have entirely exceeded his instructions, but in throwing himself into the social life of the district and generally making himself popular he gave cups at sports and contributed to one thing and another. However, he always did it in the firm's name. If
he had had the moral courage to go to Messrs. Lacon and explain his foolishness, no doubt this position of affairs would have never arisen.
Sentence (May 6): Three years' penal servitude on each indictment, to run concurrently.
MARTIN, George (48, brass-finisher) ; breaking and entering the shop of Frank Reginald Kenning and others and stealing therein a quantity of embroidery materials and masonic jewellery, their goods, and feloniously receiving same.
Prisoner pleaded guilty of receiving, and this plea was accepted.
Mr. Courthorpe prosecuted.
Sentence: Eighteen months' hard labour.
Mr. E. H. Combe prosecuted; Mr. Tully-Christie defended.
WILLIAM ARTHUR BARRON , member of the Stock Exchange. On the morning of February 19 I came by the Underground to the Bank Station. I went up by the lift and then proceeded up the steps. When I had got up five or six steps prisoner and a confederate hustled me, and when I had reached about two steps from the top I missed my tie pin. I looked straight at prisoner, and he turned round and ran as hard as he could. I called out "Stop thief" several times, and eventually a constable on point duty at the end of Threadneedle Street put his arms out and the prisoner ran into them. I did not lose sight of prisoner. I told the officer that prisoner or his confederate had taken my scarf pin. Prisoner said, "I was trying to get on my 'bus." The pin was a black pearl pin with diamonds round it and was worth about £50.
Cross-examined. I did not hear the prisoner say he was going to catch a 'bus to Wood Green till after I spoke to the policeman. He was not going in the correct direction for a Wood Green 'bus.
Police-constable ALFRED RAWLINGS , 154 A, City. On February 19 I was on point duty at the endof Threadneedle Street and I had stopped the traffic when I heard a shout of "Stop thief." I saw prisoner running down the centre of the roadway, and I opened my arms and he ran into them. He said, "I have not got it; I am running for my 'bus." Barron came up and said that prisoner was concerned with another man in stealing his scarfpin. Prisoner made no reply there, but at the police station he said, "All right." I was about to let the traffic go and therefore the whole of that part of the street would be clear of traffic.
Cross-examined. Prisoner did not say, "What is the matter? I am running for my 'bus." We found £1 11s. 1d. upon the prisoner, but no pin.
I ran in and out of the traffic to get out into the open. I was just about to branch over when a policeman put out his arms and I ran into them. I said, "What is the matter?" He replied, "A gentleman is saying he has lost something." I said, "I am going to get my Wood Green 'bus." He said, "Wait a minute." Prosecutor came up, feeling all round his waistcoat, and the policeman said, "Is this the man who took it?" Prosecutor said, "No, I do not say he took it, but, seeing him run, I think he knows something about it."
Verdict, Not guilty.
CLARKE, William John (39, agent) , having been entrusted with certain property, to wit, ten sable ties and other articles for a certain purpose, unlawfully and fraudulently converting the same and the proceeds thereof to his own use and benefit; stealing fifteen ties, one coat, and one muff, the goods of Martin Kosminski, his master.
Mr. Montague Shearman, junior, prosecuted; Mr. Stanley Meeke defended.
The trial of this prisoner was commenced before Judge Rentoul at last sessions; before the case for the prosecution had closed a juror was taken ill, and the trial was postponed. It was now stated that in the interval prisoner had given back nearly all the property, and it was clear that he had conceived the notion that he had a claim against his employer. Under all the circumstances, the prosecution now offered no evidence.
Verdict, Not guilty.
JOHNSON, Charles Edwin (55, timber merchant) , within four months next before the presentation of a bankruptcy petition against him upon which he was adjudged bankrupt, being a trader unlawfully with intent to defraud, pledging and disposing of otherwise than in the ordinary course of his trade, certain property which he had obtained on credit and not paid for, and unlawfully making certain material omissions in a statement of his affairs with intent to defraud; within four months next before the presentation of a bankruptcy petition against him upon which he was adjudged bankrupt, being a trader unlawfully with intent to defraud, obtaining property on credit under false pretences and which he had not paid for.
Mr. Muir, Mr. Percival Clarke, and Mr. Adrian Clark prosecuted; Mr. Farleigh defended.
GEORGE INGLIS BOYLE , messenger, Bankruptcy Court. I produce the bankruptcy petition in the case of Charles Edwin Johnson, dated September 20, 1911. The receiving order was made on September 30, 1911, and he was adjudicated bankrupt on October 13, 1911. Mr. Arthur Charles Bourner was appointed trustee in that bankruptcy on October 16, 1911. The bankrupt filed a statement of affairs on November 10. I do not see any mention of debts due to the London and South-Western Bank, Ltd., of £98 10s., to William Thew and Co. of £200, to Louisa Elizabeth Allen of £625, to Florence Harridan of £90, to J. R. Burton of £95, and to Ludwig and Co. of £69 5s. The defendant places his gross liabilities at £25,069 6s., £9,556 5s. 7d.
of which he regards as being fully secured and £1,000 as partly secured. The assets are placed at £7,578 9s. 4d. He has deducted from his gross liabilities those which he regards as partly and fully secured, and that figure, taken in conjunction with the amount of assets, leaves him on his own showing a deficiency of £676 5s. 9d.
(Thursday, March 6.)
ARTHUR CHARLES SUDBURY . I produce the books showing the transactions between prisoner and Lathey and Co., Ltd. On June 19, 1911, that company sold to prisoner timber of the value of £189 5s. There were 48 logs of mahogany, 18,634 feet, marked "Ex 'Powerful' T.B.K." A bill was given for those goods, but it was not met. On July 13 they sold him 1,185 pieces of one-inch oak, length 11,484 feet, marked "Ex 'Kingstonia,' H.M.L.," over "R.C.," and in value £131 11s. 9d. That was also paid for by bill. The only payment received was by a dividend of 2s. 6d. in the £ nearly a year after the bankruptcy.
Cross-examined. They were six months' bills. I believe that paying by bill is a very common practice in the timber trade.
EDWIN FITCHETT , bookkeeper to Myers, Ltd., timber merchants, 79a, Gracechurch Street. We had business transactions with prisoner in June and July, 1911. On July 4 we sold him some 5/8 in. mixed yellow timber, marked "J.F.J., ex s.s. 'Flugt,'" valued at £9 15s. On July 11 we sold him 324 pieces of 3 by 9 yellow deal, marked "S.A.B., ex 'Frigga,'" valued at £68 9s. 9d. On July 14 we sold him 32 pieces of 3 by 11 yellow deal, marked "B.R.V. 3, ex 'Henry the First,'" and also 115 pieces and 19 feet of 1 by 5 white matching, marked "W.J.W., s.s 'Flugt,'" the value of the two being £15 1s. 6d. Those goods were not paid for.
Cross-examined. We have dealt with prisoner since 1902 and have traded with him to the extent of about £1,000 a year. We have found him to be a perfectly respectable and honest trader.
WALTER FORTY , clerk to W. R. Crow and Sons, timber merchants, 39, Eastcheap. On June 21 we sold timber to prisoner to the value of £74 1s. 7d., and marked "ex s.s. 'Nord' and D.M. and D.O.M." They were paid for by bill. On August 14 we sold him 220 pieces of timber value £9 0s. 6d. and marked with an "I." and then a crown, and then a "W" and "ex s.s 'Falka.'" Those goods also have not been paid for.
Cross-examined. We have dealt with prisoner for more than a dozen years, and he has bought timber in large quantities and paid for it. His practice had been to pay by six-monthly bills. I believe it is the practice in the timber trade to pledge dock warrants with banks. I would not say it is the usual practice; it all depends whether you want to raise money. It may be that a bank will lend money on
a dock warrant where it will lend money on a dock order. We have lent prisoner money and taken dock orders as security.
JOSEPH GEORGE WILSON , manager to Irwin and Sellers, timber merchants, 4, Lloyd's Avenue, Fenchurch Street. On July 15 we sold to prisoner 235 birch planks, ex s.s. "Corinthian," and valued at £63 8s. On the same day we sold him 1,008 pieces of timber, ex s.s. "Montreal," and valued at £116 15s. 8d. Those goods have not been paid for.
Cross-examined. We have had dealings with prisoner for about sixteen years, and we have received from him a large amount of money.
FREDERICK VIGERS , of Vigers Bros., timber merchants, 67, King William Street. It is not in the ordinary course of a timber merchant's business to pledge timber obtained on credit, or to pledge dock warrants or dock orders which relate to that timber. I am speaking now with regard to moneylenders and discounters, but I should not say it is the practice with banks either. I believe that timber brokers do occasionally lend money on dock orders or dock warrants. They might take the dock order of the owner of the goods, but not that of the seller. I have heard of banks lending money on dock warrants, but not often, but I have not heard of timber merchants doing so. We have taken dock orders as security. A dock warrant is issued by the Dock Company and substantiates the Dock order and proves that the goods are there. A dock order without such an acknowledgment by the Dock Company might be worthless, and to borrow money on it would depend on the reputation of the borrower.
Cross-examined. I have heard of borrowing transactions in the timber trade from money lenders, but we should close a man's account directly we knew of it. That is one reason why we would not deal with the defendant, because we believed that he was borrowing.
MOSS EBSTEIN (re-called). On April 5, 1911, we sold to prisoner a parcel of mahogany boards valued at £69 19s. 8d. There were 1,555 pieces, containing 5,168 feet, and marked "A1, ex 'Minneapolis.'" Prisoner gave us a bill, which was returned unpaid when it matured. On May 26 we sold him twenty-five logs of mahogany, valued at £138 11s. 11d., and marked "K.R. over L, ex 'Aguauga.'" He also gave us a bill for that amount and it was not met.
Cross-examined. We have been dealing with him since March, 1909, and his practice has been to pay by bill. That is the common practice in the timber trade.
RICHARD HARRY KEEPING , timber merchant and exporter, 6, Devonshire Buildings. On June 19, 1911, I sold prisoner 546 planks of oak, valued at £145 3s. 11d., and marked "F.O. ex 'Montawk Point.' " On the same day I sold him 464 pieces of oak, valued at £100 13s. 3d., and marked "E.B. ex 'Montawk Point.' " On July 3 I sold him two lots of timber, 595 marked "7050" and 885 marked "7052," both ex "Mercia," and valued at £277 7s. 7d. On July 13 I sold him 340 pieces of oak, valued at £38 4s. 1d., and marked "A7" from a ship named "Kayosoto." On the same day I sold him 134 flitches of teak, valued at £148 16s. 7d., and marked "S.L. over T." from the ship "Gannet." There were also seven flitches of teak valued at £14 18s.
10d. On June 11 I sold him 182 pieces of oak, valued at £36 15s., and marked "E" from the "Montawk Point." All the goods were sold on credit and have not been paid for. His previous purchases had been much smaller. I had an interview with him in July as his account was getting big, and I asked him as to his financial stability. He brought me a balance sheet to June 30, 1910. I pointed out that was a year old, and he told me the other one was being made out and that it was better than the one he had shown to me. I did not see that balance sheet, but he satisfied me that his position was a sound one. I believe it was at that interview he informed me he was temporarily short of cash owing to making a big bad debt at Bristol, with Allsopp, and asked me to lend him £150. He gave me a cheque dated five days hence and I gave him one of my cheques dated July 10. His cheque was not met till July 25, It is not in the ordinary course of business to pledge with moneylenders timber obtained on credit, or dock warrants. or orders. But I have known of dock orders or warrants being left with banks as security for temporary advances.
Cross-examined. I have raised money with my bankers on goods, but not goods I have not paid for. I have lodged bills of lading with the bank, but I object to the word "pledge" being applied to that transaction. It isa common practice, and also with dock warrants and dock orders. It is not a common practice to lodge those documents with timber brokers.
LEWIS GARRETT , London manager to H. J. Munro and Co., timber brokers and agents, 118, Leadenhall Street. On July 13, 1911, we sold to prisoner 193 oak planks, valued at £95 0s. 9d., and marked "P" ex "Mackino." He gave a bill, which was not met.
Cross-examined. I have known one or two cases of dock orders or warrants being deposited with timber brokers as security for money lent.
Re-examined. I cannot say I have heard of genuine transactions where goods have been pledged with registered moneylenders.
ALBERT HENRY EDELLS , registered moneylender, 65, Kingsland Road. On June 19, 1911, I lent prisoner £280 6s. on certain dock orders. I took three bills for £100 each, returnable at four, five and six months. The dock orders were afterwards changed to dock warrants.
Cross-examined. I am not really a moneylender, but a bill discounter, and my rates of interest are from 10 to 15 per cent. I sold one parcel of timber for £100 13s. 1d. I valued the remainder of my security at £743 and the trustee paid me that and redeemed the timber. I have had similar dealings with men engaged in the timber trade. I lose about £400, as I was a creditor for £1,200.
EDGAR SMART . In June and July, 1911, I was confidential clerk to a chartered accountant. On June 11 I lent prisoner £85 on the security of timber warrants. He never redeemed the warrants and I sold the timber and made a loss on the transaction.
Cross-examined. I gave the trustee the opportunity to redeem and he refused.
HERBERT ISAAC HOPKINS , clerk, London County and Westminster Bank, Old Street. From 1906 to somewhere in 1911 prisoner had an account with us. Up to 1910 it was a fairly active account, but at the end of 1910 the activity fell off. On December 31, 1910, the account was overdrawn £315 4s. 2d. We had been in the habit of discounting bills for him. We ceased that on January 4, 1911. After that the account was kept alive for the purpose of meeting outstanding bills.
Cross-examined. There was also a No. 2 account, which averaged about £250. We also held deeds as securities.
Re-examined. At the end of 1910 there was a credit balance in No. 2 account of £71 19s. and on May 30, 1911, it was transferred to No. 1 account and brought to an end No. 2 account.
MARTIN BROWN , clerk, London and Provincial Bank. Prisoner opened an account at our bank on January 9, 1911. On September 30, 1911, it was overdrawn by £95 15s. There had been a number of bill transactions and some of the bills were dishonoured.
Cross-examined. The bills that were dishonoured were chiefly bills drawn by him and accepted by other people, who failed to pay.
Cross-examined. I did not lend him £300 and his brother £500; I lent prisoner £800 and he lent £500 to his brother. I borrowed the money from the Borough of Finsbury Building Society and he guaranteed to repay it.
ALFRED BAKER , 24, Hart Street, Bloomsbury, assistant to Mr. Francis Ludwig. Prisoner was indebted to my employer at the time of the bankruptcy. I produce two bills accepted by prisoner, which are the property of Mr. Ludwig. They had been discounted by Mr. Clarke, a pianoforte manufacturer.
Cross-examined. I do not know prisoner nor his handwriting.
LOUIS NEL , 3, Rufus Street, the address of William Thew and Company. I produce two bills for £100 each, which were in the possession of William Thew and Company, and which were handed to the trustee. My knowledge of that is derived merely from the letter book.
SIDNEY LINDSAY , clerk, the London and South Western Bank, Fen-church Street. I produce an acceptance of C. E. Johnson held by the bank. It was not met and we have proved in bankruptcy for the amount, £98 10s.
Cross-examined. I did not intend to prove at first, because prisoner told me he would pay it out of his earnings as a debt of honour.
JOHN READ BURTON , veneer merchant, 141. Curtain Road. Prisoner owed me £95 on a bill of exchange and it has never been paid. It was due on October 29, 1911. I have proved in bankruptcy for that amount.
Cross-examined. I did not know till yesterday that my claim was disputed.
(Friday, March 7.)
ARTHUR CHARLES BOURNER , chartered accountant, Bush Lane House, Cannon Street, E.C. On October 16, 1911, I was appointed trustee in prisoner's bankruptcy. I found that his accounts had been regularly audited and annual balance sheets and profit and loss accounts prepared up to June, 1910. None has been produced to me after that time. His sales of timber amounted to about £14,000 a year. There were many exchange cheque and accommodation bill transactions. The object of the exchange cheque transactions was to get the benefit of the three days which it takes to clear a cheque. Those transactions amounted to nearly £125,000 a year. In the timber trade, £14,000 a year is a comparatively small business. Prisoner returned his deficiency at £676, based on his estimate of the value of his securities. Part of his stock, which he valued at £1,500, I realised at £754. The amount expected to rank for dividend was £8,254, but the proofs I have admitted do not justify that. The proofs admitted amount to £14,651. Besides the stock I have realised some small sum from surplus of securities, £144, and a considerable sum in respect of eight or nine fraudulent preferences. I have brought an action against E. Whitfield, who was prisoner's manager, and Mrs. Whitfield and Mrs. Johnson (prisoner's sisters). The Court found that a bill of exchange for £152 0s. 2d. was a preference and ordered Whitfield to pay that sum to me. From the books I ascertained that ✗at was for money advanced by Mrs. Whitfield to prisoner at some previous date. I did not get all the money, but I got all I could. A week later a similar application was made to the Court of Appeal in respect to Joseph Henry Whitfield, and an order was made for the payment or transfer of a bill of exchange for £300, dated August 24, 1911. There were large numbers of exchange cheque transactions, and for large amounts, between the prisoner and Whitfield. From January to August those transactions amounted to over £15,000, and they increased month by month. The inference I draw is that prisoner knew at the end of May that his transactions were coming to an end and it was desirable to let Mr. Whitfield out. On July 5, 1911, prisoner transferred his book debts, past and future, to the firm of Beresford and Hicks. An action was brought against me because I claimed the book debts, and that assignment was set aside. If that assignment had been a valid one prisoner could only have paid for the goods ordered by selling for cash, because if he incurred a book debt it went under the assignment. On July 3, prisoner sold the furniture in his house to his wife. In his statement of affairs I do not find any mention ✗ a debt to the London and South Western Bank of £98 10s., or to William Thew and Co. of £200, or to Louisa Elizabeth Allen of £606, or to Florence Harridan of £90, or to J. R. Burton of £95, or to Ludwig and Co. of £49 5s. Two bills for £24 12s. 6d., which I produce, were accepted by prisoner and drawn by A. Clark. I did not find in the
stock book all the stock entered that I expected, and I asked prisoner to fill in the details. He then disclosed the fact that some of the goods had been pledged. It is quite unusual in the timber trade to pledge goods, either with moneylenders or accountants' clerks. In July, 1911, according to his cash book, prisoner received £6,000 and paid to his trade creditors £992. On June 20 and afterwards, a large number of cheques were drawn by prisoner and not met by the bank. The deficiency alleged by prisoner was £676, but I find it in fact to be over £10,000, and at present a dividend of 2s. 6d. in the £ has been declared.
Cross-examined. In the receipts of £6,000 in July I have included the money received on exchange cheque and bill transactions, and therefore it is misleading. It is quite usual in this business to buy from wholesale merchants and pay by bill, and to sell for cash and utilise the money for other purpose until the bill becomes due. It would be the ordinary way of business if these goods, instead of being pawned, had been sold to users for cash and there I should not suggest fraud. I am complaining that goods were bought on one day and pledged on the same day with a moneylender (not sold to an ordinary timber merchant) and the money used not to pay trade creditors, but to pay accommodation creditors. It was only by this accommodation that prisoner had been able to carry on the business at all, and it is obvious that he was paying with this money creditors of three or four years ago. The books were well kept and quite satisfactory up to the end of June, but everything was unsatisfactory after the assignment to Beresford and Hicks.
T. H. BIDDLE, Incorporated Accountant, Great Tower Street, E.C. I have examined prisoner's books for June and July, 1911. The pledgings were £200, £85, £240, £200, and £200, making a total of £925. I can trace into the bank of that amount as much as £885, and the balance is accounted for in the cash book by cash payments. With regard to whether prisoner sustained loss by reason of the return of acceptances, I found that up to June 16 acceptances amounting to £213 8s. 4d. had come back dishonoured. There were many others later, and the proceeds from the pledgings went towards meeting those returned acceptances. The exchange cheque transactions were ordinary accommodation cheques and were simply cross entries. The trading receipts for June were £2,195 15s. 2d., and the exchange cheque receipts were £7,253 10s. 4d. The trading payments were £2,292 19s. 11d. That account proves that the pledgings were necessary for the carrying on of the business and that the funds were spent in the business, and the trading receipts went in liquidation of the trading debts. The trading receipts during July were £1,810 18s. 1d., and the trading payments were £2,075 2s. 11d. As to exchange transactions, the receipts were £4,461 12s. 8d., and the payments £3,568 5s. 3d. I gathered from this that prisoner was in a tight corner, and it was necessary to keep the business going and that there was no fraudulent intention.
CHARLES EDWIN JOHNSON (prisoner, on oath). The pawnings and purchases were set out in the statement of affairs filed by me on October 24, 1911. The sum of £885, out of the £925 raised by pawning, was paid into the banking account out of which I paid my trade debts. The exchange cheque transactions were owing to the failure in November, 1910, of a firm with whom I had dealt, and the whole of the trade knows that. I had to find £3,000 in six months. Then I had this batch of bills returned in June and July, 1911. The object of the exchange cheque transactions was to get three days' grace when I was hard pressed. The money was paid into the bank for trade debts. It is the general practice in the timber trade, unless a man is very wealthy, to pay by six-months' bills. There was a general knowledge in June and July that I had run up against a hot time.
(Tuesday, March 11.)
CHARLES EDWIN JOHNSON (prisoner, on oath), examination continued. The date of a dock order is not the date of purchase; in most cases the purchase would be made weeks before. When I pledged the goods I had hopes of being able to redeem them. I had pledged goods previously and then redeemed them and sold them in the ordinary way of business. I sold my furniture to my wife for £100 and the money went in payment of trade debts. I also raised money on deeds belonging to my wife, and that went towards paying my creditors. The result is that she is penniless. The bills referred to were for value received and they were not accommodation bills. I had only £300 of the £800 lent by my sister, my brother having the remainder, and I have repaid my portion with interest. I was legally liable for the whole because I signed the mortgage deed. That debt was not present to my mind when I made out the statement of affairs, because I thought my brother would pay his portion. I borrowed £150 from Miss Harridan, but I did not enter that in my books; I looked upon it as a debt of honour. I have paid off £60. I cannot account for the omission of a bill of £95 from the statement of affairs, as it was entered in the books. With regard to two bills of £24 12s. 6d. I cannot account for their omission from the books unless the clerk omitted to enter them. Some bills of a man named Kershaw were left out of the books because they were for his accommodation, and he said he would pay; they were not trade bills.
Cross-examined. I admit the purchases and pledgings, but if I had been left alone I should have pulled round. When I assigned my book debts to Beresford and Hicks it was only as security for money I owed them, and when that debt was satisfied the book debts would have come back to me. I deny that I bought stock to pledge; it was bought in the ordinary way of business.
and signed by himself as director, were accepted by prisoner; they were accommodation bills. Witness had met those bills.
JOHN THOMAS BIBBY , cabinet maker, 23, Hoxton Road, N. I have dealt with prisoner for about 15 years, and have always found him to be honest and straightforward. I am a creditor for £1,300. I have at times lent him money on the security of dock orders.
(Wednesday, March 12.)
Verdict, Not guilty.
BEFORE MR. JUSTICE BANKES.
(Thursday, March 6.)
Mr. C. Gregory Fisher prosecuted; Mr. O'Malley defended.
ALFRED CATMORE AKERMAN , billiard marker, Gauden Hotel, Clapham. On January 21 about 5.45 I was outside the hotel when prisoner came and accused me of going to her lodgings and stating that she had a child of 14; she said that she had been turned out of her lodgings and that I was preventing her getting employment. I told her I did not know where she lived, and had never been there. Immediately I felt some fluid thrown in my face; it went into my ear and down my arms and into the corner of one eye. She was about to throw some more, when I knocked her arm; the bottle that she had broke and part of the fluid went over her.
Police-constable WILLIAM LUDGATE , 869 W. I was on duty at High Street, Clapham, and saw prosecutor, who said, "I wish to charge this woman for throwing vitriol over me." I said, "How do you know it is vitriol?" He said, "It is burning my eye." Prisoner said, "Yes, he knows what I done it for; I am not going to tell you." I noticed some vitriol on the clothing of prosecutor and prisoner. I took them both to the divisional surgeon.
Police-sergeant CHARLES GOGGINS . Prisoner was brought into the station just after six. She asked for some water; I gave her some. She said, "I bought the spirits of salt to clean the lavatory pan. He called me a name I did not like and as I held the bottle up he knocked my arm and the stuff went over him."
BERTRAM SOPER , divisional surgeon. Prisoner and prosecutor were brought to me on January 21 just before 6 p.m. Prosecutor was in considerable pain with one eye, and the side of his cheek was inflamed. He had stains of acid on his coat. I attributed his injuries to hydrochloric acid being thrown on him. He still complains of deafness.
Cross-examined. Prisoner's eye is very much inflamed. She did not complain of a tooth being broken.
ASENATH JONES (prisoner, on oath). On January 21 I went to see prosecutor. I took the acid with me because I intended to drink it in his presence. He came out of the hotel to turn the gas on. I said, "Alfred, how dare you allow that woman, Mrs. Collins, to go to my lodgings and tell my late landlady our past relations? I have lost my situation through it, and I have been turned out of my new lodgings and you are preventing me earning my living." He called me a foul name and struck me in the mouth. I did hit him; I forgot about the bottle and the cork came out. That is how he got some of the contents on him.
Cross-examined. I think I told the magistrate that I had no intention of injuring him. I bought the stuff at an oil shop in the South Lambeth Road.
Verdict, Guilty of throwing corrosive fluid to do grievous bodily harm, with a recommendation to mercy.
Sentence: Twelve months' imprisonment.
Mr. Ridworth Davies prosecuted.
Detective-inspector THOMAS DUGGAN , L Division. At 7.30 p.m. on February 4 I went to 33, Elliotts Row, Southwark. I found in the back room on the first floor a chest of drawers charred and certain articles of wearing apparel scorched. Prisoner was present during my investigation. About 8.15 the same day I was called to the same house to an outbreak of fire on the first floor. At 11 p.m. the same day I was called to the same house to a fire that had broken out earlier. It was in the ground floor back occupied by prisoner and his mother. At twelve o'clock that night I saw prisoner at Kennington Lane Police Station, where he had been brought by his mother, and I read to him a statement made by witness Thurgur. Prisoner replied: "I was not in there, I swear it, at five minutes to five. I was outside along with them two other chaps you saw, and about ten past five Ryder answered the insurance man. About half-past four I saw Mr. Thurgur go out. I was finishing a cup of tea in the back room where the fire took place. I shut the door and went into the front parlour to make up a fire, as my grandmother was ill in bed. I then went out and started having a game of spinning top with Ryder and Sirett. I went into the room where the fire occurred about twenty past four and made tea in a mug. I was in the room about eighteen minutes. I did not see my sister Charlotte, aged nine, come into the house till after the fire brigade went away." I told prisoner he would be charged, and he said: "I was lighting a cigarette and I got frightened. The curtain caught alight and I ran out. I did not say anything to anybody as I thought I would get the blame for the other fires." There were six fires between 7.30 p.m. on February 1 and 4.55 p.m. on February 4.
ROBERT THURGUR , 33, Elliotts Row. I remember going downstairs between 4.30 and 5 p.m. on February 4. I saw prisoner come out of the back parlour and go into the front room. I got half-way down the street and saw the escape turning the corner.
ELIZABETH HYNE , prisoner's mother. Prisoner was in the Army about three weeks and was discharged as medically unfit. I remember the fire in the back room on February 4. Prisoner was crying in the passage when I came in. He said Thurgur and Hart blamed him for the fire. I called a policeman and said the people in the house had accused my boy of it. I went with him to the police station, and he was detained.
LILIAN HART , 33, Elliotts Row, Lambeth. On February 3, at eight o'clock, I left my room and went to the front parlour. About ten minutes after I heard shouts of fire. The chair-bedstead, the curtains, and my own bed were on fire.
THOMAS WILLIAM BOON , station officer, London Fire Brigade, Lambeth. At 4.57 on February 4 I was called to 33, Elliotts Row, and found a fire in the middle room on the ground floor. The window curtain, a table, and some bedding were burnt. The paint work was scorched round the window frame.
Detective-sergeant JOHN BEARD. I saw prisoner at 6 p.m. on February 4 at Kennington Lane Police Station. I told him he would be detained pending inquiries. I searched him and found a box containing five matches.
Verdict, Guilty of attempted arson, with a recommendation to mercy.
Sentence: Six months' imprisonment, second division.
Sentence: Five years' penal servitude.
RUSHFORTH, Robert Henry (43, solicitor) , committing wilful and corrupt perjury (two indictments); forging and uttering, knowing the same to be forged, two several receipts for £40 each, with intent to defraud (two indictments); forging and uttering, knowing the same to be forged, two several receipts for £20 each, with intent to defraud (two indictments).
Prisoner pleaded guilty to the first two indictments; the others were not proceeded with.
Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. Wild, K.C., and Mr. Bodkin appeared for prisoner.
Sentence: Twelve months' imprisonment on each indictment, to run concurrently.
HERON, George (42, boarding-house keeper), and HERON, Emily (41), G. Heron feloniously using a certain instrument upon Florence Newman, with intent to procure her miscarriage, and E. Heron feloniously procuring the said G. Heron to do and commit the said felony; George Heron unlawfully supplying to Florence Newman and procuring an instrument, knowing the same was intended to be used with intent to procure her miscarriage.
Mr. Bodkin and Mr. Whiteley prosecuted; Mr. Clarke-Hall defended George Heron; Mr. Moseley defended Emily Heron.
Prisoners were tried on the first indictment.
Verdict, Guilty. The second indictment, against George Heron, was not proceeded with.
Sentences (each): Nine months' imprisonment, second division.
BEFORE THE RECORDER.
(Thursday, March 6.)
Prisoner confessed to having been convicted, at Guildhall Justice Room, in the name of Charles Graham, on December 23, 1912, receiving two months' hard labour, for stealing opera glasses.
Sentence: Twenty months' hard labour.
MUH, Ada (48) , stealing one piece of silk and one piece of cotton, the goods of D. H. Evans and Co., Limited; stealing one pair of gloves and other articles, the goods of Samuel Amos, and feloniously receiving the same.
Mr. H. C. Davenport prosecuted; Mr. George Elliott, K.C., and Mr. Forrest Fulton defended.
Prisoner was first tried on the charge with regard to Evans and Co.
JOHN HUGH FORBES , assistant to D. H. Evans and Co., Oxford Street. On January 28 at about midday I saw prisoner standing by the remnant table; she took a piece of silk (produced), which she secreted in her muff. She then left my department. I spoke to the superintendent, and followed her into the cotton department. I spoke to Bartlett, the buyer. I saw prisoner take up a remnant (produced) and put it in her coat pocket. I tried to sell her something, unsuccessfully; she left.
Cross-examined. Prisoner looked at several pieces of material. The prices of the pieces were marked in plain figures. She left by the door leading to the street on the ground floor.
RONALD BARTLETT , buyer to D. H. Evans and Co. On January 28 at 12.30 p.m. the last witness spoke to me; I followed prisoner out by the door into New Cavendish Street. She walked in the direction of Oxford Circus. I said, "I think you have goods in your possession which are the property of D. H. Evans and Co. and for which you have not paid." She took out piece of white stuff (produced) and said, "Is this what you mean?" I said, "Yes, that is one of the pieces." She said, "I will pay for it, I wish to pay for the goods." I then requested her to accompany me to the manager's office. She did so, and I left the matter to Mr. Walker.
HARRY JOHN WALKER , superintendent, D. H. Evans and Co. On January 28 prisoner was brought to my office and given into the custody of a policeman, who had been sent for. After she had left I found piece of blue silk (produced) under the desk; its value is 10s. 11d., and it bears the firm's ticket. Piece of white material was handed to me by Bartlett; its price is 2s. 11d.
Detective ARTHUR FROST , D Division. On January 28 at 12.30 p.m. prisoner was taken to Marylebone Police Station and charged with stealing a piece of silk and a piece of cotton material. I showed her the two pieces (produced), formally charged her, and she said "the silk is not mine."
ADA FRANCES BONALLACK , wife of Francis Bonnallack, "Aberdeen," Greycliffe Road, Wanstead. I have known prisoner for ten years and for the past five years have seen her constantly. On January 28 she told me she was going to town; I asked to go to the London Glove Company and buy a pair of long white kid gloves, value 2s. 10d.; I gave her half a sovereign. She is a person of absolutely exemplary character.
RICHARD JOHN HARDY , director of Bryant and May, Limited, Woodford Road, LEONARD HARRIS, Woodford Green, senior partner in L. and A. Harris, Leadenhall Street, HERBERT ROTHE BARRIE, 318, Romford Road, and 7, Leadenhall Street, solicitor, stated that they had known prisoner for 30 years as of absolutely respectable character.
ADA MUH (prisoner, on oath). I am single and live with my widowed mother and sister at 12, Strouston Road, Forest Gate. On January 28 Mrs. Bonallack asked me to buy a pair of gloves for 2s. 10d. at the London Glove Company, giving me half-a-sovereign, in addition to which I had 17s. of my own. I went by omnibus to the London Glove Company, Cheapside, bought the gloves for her, also pair of black stockings, 2s. 6d., three fancy handkerchiefs for 3s. 6d., and a pair of gloves, 1s., which I wished to give to a little girl, I paid for those articles. I then took an omnibus to D. H. Evans and Co., Oxford Street. I was not familiar with the establishment,
but had been there once before. I asked an assistant where I could get a piece of blue material, and was directed to the counter where an assistant showed me some pieces of silk, which were not suitable. I then went to another table, where I found the piece produced which I thought suitable and put it in my muff. I went into the next department and selected a white remnant, which I also required. There was no assistant there. I wanted a piece of bead trimming, and asked a shop walker where I could get it. He directed me to "the other side." I went out by a door, which I thought led to the other department, when Bartlett stopped me as stated. I at once said "I wish to pay for the articles." I had no intention to leave the premises without paying. I have dealt for the last 14 years with Messrs. Borden at Stratford, where I have been in the habit of selecting articles, taking them to the counter, and paying for them in the same way.
Verdict, Not guilty.
The second indictment with regard to S. Amos was then tried.
Detective ARTHUR FROST , E Division. On January 28, when prisoner was brought to Marylebone Lane Police Station on the previous charge, there was found in her handbag three handkerchiefs wrapped in a piece of green paper, a pair of stockings, and a pair of gloves in grey paper, and a pair of lady's gloves in a shop envelope. The articles all bore the London Glove Company's ticket. I asked her where she got them. She said, "I bought them at the London Glove Company, 45a, Cheapside." She was afterwards charged with stealing them, and said, "I never stole them. I paid for them." (To the Jury) I found 13s. on prisoner.
HERBERT AYTON , assistant to Samuel Amos, carrying on business as the London Glove Company, 45a, Cheapside. Pair of gloves produced were sold by me on January 28. 2s. 10d. was paid for them and I handed bill produced to the customer. Three handkerchiefs, pair of stockings, and pair of child's gloves (produced) bear our tickets, and are the property of our firm. Such articles were displayed in boxes on the counter. I did not sell them. The green paper in which they were found is not used by us.
Cross-examined. I do not identify prisoner. It is quite possible the other articles may have been bought from another assistant—we have 40 assistants. On January 28 we had a sale on and were very busy.
(Friday, March 7.)
GEORGE JAMES SIEVEWRIGHT , assistant to London Glove Company. When articles are sold the assistant takes the money to the desk and gets a receipt, which he hands to the customer with the duplicate bill. I have searched the books and records, and find no indication of the three handkerchiefs, pair of stockings, and pair of child's gloves produced having been sold. Green paper produced is not used by my firm.
Cross-examined. A customer may have bought one article from one assistant, and other articles from another.
ADA MUH (prisoner, on oath) repeated her former evidence and stated that all the articles taken from the London Glove Company were paid for. She had thrown away the receipts and the paper in which they were wrapped, putting them in paper which she had brought with her in her bag.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, March 6.)
VALENTINE, James, otherwise Williams (42, baker), and BROWN, George (29, labourer), pleaded guilty of both unlawfully possessing counterfeit coin with intent to utter the same, and unlawfully uttering counterfeit coin; Valentine feloniously possessing counterfeit coin with intent to utter the same.
Mr. R. Wilkinson prosecuted.
Valentine confessed to having been convicted at this Court, on June 25, 1894, in the name of William Boleyn, of felony. Convictions were proved against both prisoners.
Sentences: Valentine, Three years' penal servitude in respect of each offence, to run concurrently; Brown, Fifteen months' hard labour.
Mr. Stewart prosecuted.
Prisoner confessed to having been convicted, at Knutsford Quarter Sessions, on June 29, 1910, of felony; other convictions were proved.
Sentence: Twenty months' hard labour.
CHAPMAN, George (32, carman), pleaded guilty of feloniously sending, knowing the contents thereof, to Arthur Dunville Roe, a certain letter demanding of him money with menaces, and uttering said letter.
Mr. Walsh prosecuted.
Prisoner confessed to having been convicted, at Middlesex Sessions, on May 7, 1910, of felony, and other convictions were proved.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
Mr. Beaumont Morice prosecuted.
was a sixpence. I gave him 3d. change and put it in the till. I afterwards noticed that it was not a proper sixpence and gave information. I identified prisoner at the police station the same evening amongst ten or twelve men.
MIRIAM COLLAR . I am assistant at a baker's shop in Henry Street, about half a mile from Mr. Thomas's shop. On February 17, after 8 p.m., prisoner asked for a loaf and tendered a silvered farthing in payment. I gave it back to him and told him it was no use. He left the shop. I identified him the same evening at the police station.
Sergeant STEGALLS , N. Division. I was in Henry Street about 8.30 p.m. on February 17. I saw prisoner leave Thomas's shop very hurriedly. Mrs. Thomas and Mrs. Calcott came to the door. From what Mrs. Thomas told me I followed in the direction prisoner had gone and met him in High Street about a quarter of a mile off. I told him I was a police officer, and should take him into custody for uttering a counterfeit sixpence. He said, "I thought I should get had tonight coming all this way. A man gave it to me at Rowton House, King's Cross." I took him to Portland Town Police Station. On searching him I found five silvered farthings wrapped in this piece of brown tissue paper. Prisoner said, "They were given to me. I thought they were pawn-tickets." I returned to No. 1, Henry Street, where Mrs. Thomas handed me Exhibit 1, which I initialed in her presence. When charged prisoner made no reply.
Sentence: One month's hard labour.
KNELL, Percy Alexander Victor (31, painter) and COOK, Emily Edith, otherwise known as Emily Edith Knell (28) ; both breaking and entering the dwelling-house of Albert John Roots and stealing therein one chain and other articles and £12 10s. in money, his goods and moneys, and feloniously receiving the same; Knell feloniously marrying Emily Edith Cook, his former wife being then alive; both stealing six spoons and other articles, the goods of John William Clark, and one medal and a portion of a solitaire, the goods of William Pemberton, and feloniously receiving the same; both stealing two watches and other articles, the goods of Charles Ferdinand Jessop, and feloniously receiving the same.
Mr. Sydney Davey prosecuted; Mr. Purcell defended Cook.
Knell pleaded guilty to the first two indictments, and the remaining indictments were not proceeded with. The prosecution offered no evidence against Cook, and a verdict of Not guilty was returned.
Knell confessed to having been convicted at London Sessions on July 28, 1908, in the name of George Edward Bell, of felony, and other convictions were proved.
Sentence (Knell), Four years' penal servitude in respect of offence of housebreaking; one week's hard labour in respect of bigamy, to run concurrently.
DUTTON, George (40, dealer) and PURCELL, Richard (34, hawker) : both feloniously assaulting Joseph Jabez Moore with intent to rob him of his goods and moneys; common assault upon the said Joseph Jabez Moore.
Mr. W. J. Spratling prosecuted; Mr. Tully-Christie defended Dutton.
Prisoners were tried on the first indictment.
JOSEPH JABEZ MOORE , master bricklayer, 20, Rosslyn Road, Tottenham. On February 18 I had been to Farringdon Road to buy some linen. On my way to the tram car to go home I entered a urinal at St. John's Square. As soon as I got inside Dutton caught me by the throat and Purcell tried to search me to see what I had got. He did not have time to take anything because the plain clothes policeman came into the urinal at the other end and caught him round the throat after I holloaed. I had had five glasses of ale.
Cross-examined by Mr. Tully-Christie. I first saw prisoners at 7.30 p.m. at the bottom of Farringdon Road. I am a stranger in that part. I saw them before I went into the urinal. They got hold of me and pulled me away from the tram I was going to get on. Previous to that I asked Dutton where the urinal was. It was after I tried to get on the tram I asked where the urinal was. I walked about five minutes after I left the tram. Prisoners walked behind me. I went into the urinal first. I did not want holding up. Dutton had hold of me inside. It is not a fact that another officer was called to take me to the station because I was so drunk. I walked to the station. Two officers took the two prisoners and another followed behind. He did not lead me to the station.
Police-constable JAMES SLADE , 18 GR. On February 18 at 7.30 p.m. I saw prisoners. They looked very hard at me as I went by them. I let them go a few yards, then turned back. I saw Purcell backing into a doorway. I saw prosecutor enter the public urinal in St. John's Square. Dutton entered on the left and Purcell on the right immediately after him. I thought there was something wrong. I told Police-constable Strachan what I had seen. He entered the urinal on the right and I on the left. Prosecutor was shouting for help. When we got inside the urinal Dutton had prosecutor by the throat with his right hand and with his left he held prosecutor's arm. Directly they saw me Dutton said "Shut your mouth." I conveyed Dutton to the police station. The other officer conveyed Purcell. At the station they sat down. Dutton jumped up and striking Purcell said "You f----g bastard, you have got me into this." When charged they made no reply. Prosecutor was sober.
To Mr. Tully-Christie. I first saw prosecutor in Clerkenwell Road about 80 or 90 yards from the urinal. He was alone. Prisoners were eight or nine yards away from him. When prosecutor entered the urinal they were five or six yards behind him. I hurried when they went
in. I was then 20 yards away. I arrested Dutton. He was quite sober.
GEORGE DUTTON (prisoner, on oath). On February 18, about 7.20 p.m., I was coming down Clerkenwell Road towards Old Street. I saw prosecutor outside the "Metropolitan" public-house. He muttered to me, could I put him on a tram. I tried to put him on a Poplar tram. The conductor refused to take him because he was drunk. I fetched him out of the road on to the pavement. I did not see Purcell that day. Prosecutor asked me to take him to a urinal. I walked him about fifty yards to the urinal. Purcell was in there. I was holding prosecutor by the arm in case he fell. He was drunk. I was not holding him by the throat. I had hold of his right arm.
RICHARD PURCELL (prisoner, on oath). I went to the urinal. I was not in there a minute when in come Dutton holding prosecutor by the arm. As prosecutor passed me he fell against my back and knocked my forehead against the iron partition in front of me, and he seemed to lay there. All of a sudden I put his arm up and said, "Hold up, whoever you are," and jobbed him away with my elbow. With that he started abusing me. At that moment in came the officer, who took me by the arm, saying, "Come on, I want you down the road." I said, "What is this for?"—He said, "I will tell you all about this when I get you to the station." When he got to the station he made this charge. When prosecutor got into the witness-box on the Monday morning he did not know what to say. They had to turn him out of the box until after the officers gave their evidence. He did not know what happened.
Cross-examined. Prosecutor was drunk, rolling about. He could not talk when he got to the police station. In the urinal he said, "Who are you, you bastard?" I said, "Don't lay up against me; get off." Directly I said that in walks the constable and arrested me. When prosecutor got to the station they had to sit him down because he could not give a word of evidence. He never signed the charge-sheet. I went into the urinal by myself. I saw prosecutor in the "Metropolitan" and heard the barman say to him, "I think you have had enough, old chap. You had better be off." I next saw him in the urinal. I did not follow him. I had not seen Dutton until he came into the urinal. I only knew Dutton before that by seeing him in Farringdon Road selling.
Verdict (both), Guilty. The other indictment was not proceeded with.
Dutton confessed to having been convicted at London Sessions on June 24, 1902, of felony, and other convictions were proved.
Sentences: Dutton, three years' penal servitude; Purcell, six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 6.)
Mr. Percival Clarke prosecuted; Mr. Curtis Bennett and Mr. Huntly Jenkins appeared for prisoners.
Prisoners were released on their own recognisances each in £5 (Easter with one surety in £5) to come up for judgment if called upon.
BEFORE MR. JUSTICE BANKES.
(Friday, March 7.)
LEE, Daniel (54, painter) , unlawfully carnally knowing Violet Annie Lee, knowing her to be his daughter;unlawfully carnally knowing Rose Lee, knowing her to be his daughter, and attempting to carnally know Jessie Mary Ann Lee, knowing her to be his daughter and indecent assault upon said Jessie Mary Ann Lee; indecently assaulting Ivy Florence Ransom and common assault upon her.
Prisoner was tried on the first indictment.
Mr. Bodkin and Mr. Percival Clarke prosecuted; Mr. Roome defended.
Verdict, Guilty. The other indictments were not proceeded with.
Prisoner, in July, 1908, was convicted and fined for indecent behaviour on Hampstead Heath.
Sentence: Five years' penal servitude.
BEFORE THE RECORDER.
(Friday, March 7.)
Mr. Forster Boulton prosecuted; Mr. Tully-Christie defended.
EDD. THOS. JOHNSON , linesman, G.P.O. On December 23, 1912, I found that 1,243 yards of copper wire had disappeared from the branch of the Grand Junction Canal near Ladbroke Grove. On December 28 364 yards were stolen at Wembley; on January 2, 1913, there was a theft of 119 yards from the canal near Ladbroke Grove; on January 9, 223 yards disappeared from the same place behind the gas works. The three quantities taken on December 28, January 2
and 9 amount to 696 yards, or 118 lb. Someone must have climbed up the pole and cut it down. It was all of 300 lb. gauge per mile. Such wire is never taken down by the P.O. On January 13 I went to Bowlis and Co.'s premises, Wigan Street, Birmingham, and there saw two lots of wire produced weighing 60 lbs. and 42 lbs., which I identify as the property of the Postmaster-General by the gauge, the condition of the wire, the joints, and the lengths. It is a part of the 696 lbs. stolen. The ends of the wire correspond with the cut ends remaining.
Police-sergeant ALEXANDER MCHADDIE . On January 3 I went with Sergeant Dean to 15, Lampton Mews, Westbourne Grove, where prisoner has a stable. I said, "We are police officers making inquiries respecting a quantity of copper wire which has been stolen." Prisoner said, "What wire do you mean? I have not had any copper wire for months." I said, "A lot of copper wire has been stolen from the telegraph poles of the Grand Junction Canal belonging to the Postmaster-General, and from what has come to our knowledge you sold 1 cwt. 2 qr. 27 lb. on December 24 last to the Westbourne Park Coal and Iron Company in the name of Smith and received £5 16s. for it, and on January 10 you sold at the same place 1 cwt. 2 lb., for which you received £3 9s. 2d., also in the name of Smith. I shall take you into custody for stealing it, and you will be formally charged." Prisoner said, "Not me. I have not sold anything there for several months." On the way to the station he said, "The wire I sold to Lillieshalls" (meaning the Westbourne Park Company) "on January 10 I can prove I bought from Cooper, of 14, Gloucester Road, about two months ago. I gave a quid for it and have the receipt at home. It was not telephone wire I sold, it was insulated, and I took it home to burn the stuff" (that is, the covering) "off before I sold it." When charged he said, "Yes, sir, I think you have made a mistake." I told him the wire was stolen between December 23 and January 9, and that he had sold it on December 24 and January 10.
Cross-examined. Prisoner did not say he had bought the wire which he sold from electrical engineers nor that it was in short lengths. There is no conviction against prisoner that I know of.
JOHN WILLIAM BREMNER , metal weigher, Westbourne Park Coal and Iron Company. My company used to be Lillieshalls. On December 24 prisoner came and said "I have some copper wire." I weighed it—it was 1 cwt. 2 qr. 23 lb. I handed prisoner weight ticket. He said "Make it out in the name of Smith." I have known him for about four or five years as "Newman." The wire was similar to that produced. He brought it in sacks. Shortly afterwards the man who brought it in sacks came back and I gave him a shilling for a drink. On January 10, at 11 a.m., prisoner came and said, "I have got some more wire." I said "All right, bring it in." He brought in a sack of wire which weighed 1 cwt. 2 lb., and at his request I gave him a weight ticket in the name of "Smith." I identify the wire produced as that brought by the prisoner. On January 11 we sent the wire to Gronsund, Lambeth.
Cross-examined. My company is in a large way of business. I receive large quantities of old metal in this way. The wire received from prisoner on December 24 was despatched to Gronsund on December 27.
(Saturday, March 8.)
HAROLD WALTER YEATES , cashier, Westbourne Park Coal and Iron Company. On December 24 I bought from prisoner 1 cwt. 2 qr. 23 lb. of "clean" copper. That is the description of wire which is not insulated. I have known prisoner as "Newman." He said he was selling it for a man named "Smith." I paid him £5 16s., and he signed in the name of "Smith." He asked me to give him a bill, and asked me to make it out 1/2 cwt. less, which would make a difference of 34s. I refused. I understood he wanted to get the 34s. for himself. On January 10 I received a ticket for 1 cwt. 2 lb. from prisoner of clean copper, for which I paid him £3 9s. 2d., being at the rate of 68s. per cwt. He signed the receipt in the name of "Smith." It was afterwards sold to Gronsund, of Oakley Street, Lambeth. On December 24 prisoner owed my firm £3 for a loan made to him for the purpose of enabling him to buy metal. If he had sold in the name of "Newman," that amount would have been deducted.
Cross-examined. I have known prisoner for some years as "Newman," and have had many dealings with him in metals. I have not known him sell under any other name before.
SIDNEY BRENTON , clerk to Gronsund and Son, Oakley Street, Lambeth, metal merchants. On January 11 I received 4 cwt. 1 qr. 8 lb. of copper, part in three bags and part loose, from Westbourne Park Coal and Iron Company. On January 13 I received another consignment of 3 cwt. 1 lb. in two lots, one of which weighed 1 cwt. 3 qr. 5 lb. clean copper. We forwarded the copper on January 15 to Lawley Street Station, Birmingham, to be delivered to Bowlis and Co., Wigan Street, Birmingham.
Cross-examined. The total amount sent by us to Birmingham was 7 cwt. and 5 cwt. It included pieces of copper. The 1 cwt. 3 qr. 5 lb. was clean copper scrap.
EDWARD GEORGE PETTIS , metal sorter, Gronsund and Co., Lambeth. On January 11 I received three bags of copper scrap and wire from the Westbourne Park Coal and Iron Company. The wire was clean overhead telegraph wire. Underground wire is insulated and is softer than overhead wire. The wire produced is exactly similar to that I received. We very seldom get long coils of overhead wire like that produced.
ALEXANDER DANIEL ABBOTT , metal clerk, Lawley Street Railway Station, Birmingham. On January 11 I received a consignment from Gronsund and Co. of 45 bags of scrap copper to be delivered to Bowlis and Co., Ltd., Wigan Street. It was marked "H.C.W.," meaning "heavy copper wire."
received two consignments of "H.C.W." (heavy copper wire) weighing 2 tons 7 cwt. and 11 lb. gross and 7 cwt. 3 qr. On January 30 Johnson identified wire produced, weighing 102 lbs., as wire belonging to the Postmaster-General. It was in about eight coils.
Detective-inspector BARRETT , X Division. On February 3, at 5.30 p.m., I saw prisoner at Harrow Road Police Station. I said, "I am a Divisional Detective-inspector of the X Division. I propose to put your son and you up with others for identification by the metal weigher at the Westbourne Park Coal and Iron Company, as it is alleged you sold two lots of telegraph wire there on December 24 and January 10 under the name of "Smith." I had the two books in my possession and pointed out two entries dated December 24 and January 10. He said "That is my writing; I signed my name as Smith. My son knows nothing about it. He has had nothing to do with wire since he had the time at Brentford. It is no use putting me up for identification. They know me very well. I have been going there for years." I said "Then you do not wish to be put up for identification?" He replied "No." The son was afterwards liberated. I told prisoner he would be charged with feloniously stealing and receiving telephone wire between December 28 and January the property of the Postmaster-General. He replied "What I sold at Lillieshalls" (meaning the Westbourne Park Company) "was insulated wire. I bought it of Cooper, Gloucester Road, and Swann, Edward Square, Kensington." When charged he made no reply.
Cross-examined. The wire sold on December 24 was not part of the charge. I have known prisoner nearly 20 years. He has never been convicted. He used to run a few donkeys on Wormwood Scrubbs and was known as "Donkey Newman." For the last few years he has been going round collecting metal.
EDD. STEWART WAGHORN , clerk to Cecil Jas. Cooper, electrical engineer, 14, Gloucester Road, Kensington. I have sold prisoner old metal and produce book showing the transactions. The last was a parcel of insulated wire sold on August 13, 1912, amounting to 12s. 6d. I have examined the wire produced. It is overhead telegraph wire. We have never sold wire of that kind to prisoner.
HAROLD CHAS. SWANN , 24a, Edward's Square, Kensington. I have known prisoner for fourteen years and have sold metal to him. The last transaction was in October, 1912, which was a parcel of old iron, glass, and insulated wire. I have never sold wire like that produced to prisoner.
ARTHUR HY. WOOD , telegraphic engineer, G.P.O. I have been fifteen years in the service and have set up the telegraph and telephone wires along the Grand Junction Canal. The copper wire produced is 300 lb. gauge, hard drawn overhead copper wire; it has never been insulated. Underground wire is insulated and much softer. This wire is only used for postal purposes and is specially made to the specification of the G.P.O. The wire produced shows no signs of the insulating material having been burned off. It is in good condition and would have twenty years of life in it. It has not been on the poles more than a year, in my opinion.
HY. NEWMAN (prisoner, on oath). I live at 15, Lampton Place, Westbourne Grove, and am a dealer in metals. In the summer I deal in donkeys. I have dealt with the Westbourne Park Coal and Iron Company for seventeen years. On December 24 I sold them a quantity of short lengths and scraps of copper wire, some clean and others insulated, the covering having been burned off, weighing 1 cwt. 2 lb. On January 10 I sold to the Westbourne Park Company scrap copper, as stated by Bremner. I sold this in the name of "Smith," because I owed the firm £3 and I did not want the amount deducted that week. I have had many transactions buying metals from the Government—hundreds. I have been in the trade twenty-five years and have never had a complaint. The wire produced has never been in my possession; it is a mistake. I purchased copper from Copper two or three weeks before Christmas and paid a sovereign for it. I got no receipt from the foreman. I have also purchased small lots of copper and other metals of 1/2 cwt. or thereabouts from Swann and have saved it up and sold it in large quantities.
Verdict, Not guilty of larceny; guilty of receiving stolen goods.
Sentence: Twelve months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, March 7.)
Mr. Purcell prosecuted.
Sentence: Three months' hard labour.
CURTIS, Alfred (20, brass finisher), COUSINS. Frederick (20, brass finisher), CURTIS, Annie Sarah (44), and CURTIS, Alice (16, factory hand), all breaking and entering the dwelling-house of Edward Feldwick and stealing therein two rings and other articles his goods, and feloniously receiving the same; Alfred Curtis, Frederick Cousins and Annie Sarah Curtis, breaking and entering the dwelling-house of Edward Thomas Dalton and stealing therein one ring and other articles, his goods, and feloniously receiving the same; Alfred Curtis, Annie Sarah Curtis, and Alice Curtis, breaking and entering the dwelling-house of William Henry Jennings and stealing therein one clock and other articles and 5s. in money of the goods and moneys of William Henry Jennings, and 2s. in money of the moneys of the Tottenham and Edmonton Gas Company, and feloniously receiving the same; Alfred Curtis and Annie Sarah Cutis, breaking and entering the dwelling-house of Thomas Langton Renforth and stealing therein one tankard and other articles and 5s. 3d. in money, his goods and moneys, and feloniously receiving the same.
Mr. Purcell prosecuted.
Alfred Curtis and Frederick Cousins pleaded guilty, Annie Sarah Curtis pleaded guilty of receiving. No evidence was offered against Alice Curtis, and a verdict of Not guilty was returned.
Alfred Curtis confessed to having been convicted at Tottenham Police Court on February 10, 1910, of felony.
Sentences: Alfred Curtis, eighteen months' detention under the Borstal system; Frederick Cousins, five months' hard labour; Annie Curtis, twelve months' hard labour; sentences passed in respect of each offence, to run concurrently.
Mr. Graham-Campbell prosecuted.
George Harris confessed to having been convicted, at West London Police Court, on March 25, 1908, in the name of George Chapman, of an offence under the Vagrancy Act, 1898. [Guilty.]
Sentences: George Harris, eighteen months' hard labour; Charles Harris, nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Saturday, March 8.)
Mr. St. John Macdonald prosecuted.
Sentence: Four months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(March 8, 10, and 11.)
Mr. Travers Humphreys and Mr. Percival Clarke prosecuted; Mr. E. E. Wild, K.C., and Mr. Eustace Fulton defended.
Sentence: Twelve months' hard labour.
BEFORE MR. JUSTICE BANKES.
(Monday, March 10.)
LOUFER, Morris (50, tobacconist) and LOUFER, Samuel (16, tobacconist), both wilful murder of Morris Kovalsky, both coroner's inquisition for the like offence, both wilful murder of Cornelius King, both coroner's inquisition for the like offence, both feloniously setting fire to a certain dwelling-house, Morris Kovalsky and others being then therein, and with intent to injure and defraud.
Prisoners were tried on the indictment and inquisition as to the murder of Morris Kovalsky.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. H. S. Q. Henriques defended Morris Loufer; Mr. P. M. Burton defended Samuel Loufer.
Cross-examined. If he could have got a premium for his business I would not have been surprised at his giving me notice. He was a satisfactory tenant. I do not recollect that on one of the counters there was a pipe-lighter with a tube affixed to the gas bracket.
ABRAHAM GOLDSTEIN , rabbi and sexton of the synagogue to which Morris Loufer was attached. There is a committee to help our members in matters of insurance. We usually recommend the Alliance Company. The form produced (Exhibit 4) is a proposal form in the name of Morris Loufer for a fire insurance policy of £400 (£150 furniture, £200 stock, and £50 fixtures). It was passed by our committee on December 11, 1911. Exhibit 6 is a proposal form passed on October 15, 1912, for £400 (£200 furniture, £200 stock and fixtures).
Cross-examined. Before issuing the policy we should inspect the premises to see what the fire risk is; but should not have the insured property valued.
FREDERICK P. LINN , manager of Farrow's Bank, 253, Whitechapel Road, produced copy of Morris Loufer's account. It was opened on May 20, 1912, and closed on December 17, 1912. Exhibit 9 is a cheque presented on January 24 last, for £8 15s., in favour of the Farmville Tobacco Company. It was dishonoured.
ISIDORE AARONS , traveller to the Farmville Company. We had various transactions with Morris Loufer, commencing in 1911. In October, 1912, his account began to get in arrear. There was a balance due of about £8, and we instructed our solicitors. On December
24 Morris called on me and offered to pay in a month's time. Eventually I took his cheque for £8 15s. (Exhibit 9). This was twice returned dishonoured.
Cross-examined. We had not pressed for the money up to the middle of January. Some delay after the first demand note is not unusual.
EBENEZER CROTTICK , bailiff of Whitechapel County Court. On December 10 I went to 254, Commercial Road, to execute a warrant in respect of a judgment against Morris Loufer for £6 4s. 8d., obtained by Packville and Co., confectioners, of Bristol. I read the warrant to Morris. He asked for time, and I said I should have to levy on the goods. He said that what was there would not fetch money; that the tobacco and cigarette boxes were mostly dummies. I went into the various rooms. One on the first floor prisoner at first refused to open, saying that it was not his. Eventually I was admitted. Kate Rubenstein was there. She said, "This is all my stuff here." Morris asked me if he could pay by instalments. I said I would take £3 9s. 2d. down and the balance on the 16th. Rubenstein said, "I will get the money. I am going to pawn; I shan't keep you long." She went out, and on returning handed some money to Morris, and he paid me the £3 9s. 2d. On the 16th he paid the balance. I should judge that the whole contents of the house would not exceed £40.
JOSEPH ROSE , rag merchant. In January, at the request of Morris, I went with him to the Borough. He showed me some premises he was going to take, and afterwards we went to the estate agent, Mr. Faulkner. Morris asked me to represent his son Samuel, as he could not speak much English. We were taken to see the premises and returned to the agent's. Terms were not come to, as Morris would not pay the rent asked.
Cross-examined. I know Craufshinski by the name of Shapsall. On January 26, after the fire, I met him. He asked me to go with him to see Mr. Loufer. I agreed. He said he was glad I would go, as it would give him more courage to ask him for £20 "on account of him making a fire." I said it did not concern me. We went to Loufer's. In a back room on the first floor I saw Morris and Samuel Loufer, Mr. Wilck, Barney Fink, Kate Rubenstein, and others. Shapsall called Morris out, and they went to another room. Presently Morris came back very excited, shouting, "They have come here to demand £20 of me." Rubenstein ran downstairs and made a disturbance in the street, shouting, "Look, Mr. Loufer is trying to bribe me." Morris told Samuel to go for the police. Shapsall and Rubenstein left together. Next morning I met Shapsall, and he asked me to go with him somewhere. We met Rubenstein. They asked me where the Alliance Insurance Company was. I went with them to the Alliance. First I saw the manager, and said, "There is a young lady and gentleman who want to see you about the East End fire. They have got something to tell you." He saw them. I did not hear what
passed. He gave them a paper with the address of some agents in Old Jewry. I went there with them and they made a statement which was taken down.
Re-examined. I have not said anything about going to the Alliance until I told prisoners' solicitor last week.
ISAAC ANGEL , newsvendor. I used to go to Loufer's restaurant for my meals. On January 23, between 9 and 10 p.m., I was there with Isaacs. Samuel Loufer came in carrying a parcel. Isaacs said, "What have you got there?" Samuel said, "Mind your own business." Isaacs kicked the parcel out of his hand. It broke and matches fell out, about a gross of boxes sold at three for a farthing. Samuel picked them up and took them upstairs.
HENRY LEIBSCHITZ . On January 23 I met Morris in Whitechapel Road. He was looking up at a house at the corner of Church Lane, which he said he contemplated taking. He asked me if I would write a letter for him. I said "Why can't your son write it?" He said he preferred me to write. I wrote for him the letter (Exhibit 5), applying to the agents for particulars of the house.
Cross-examined. He paid me 3d. for writing the letter. I often write for people who cannot write English properly.
KATE RUBENSTEIN . I am a widow, and lodged with the Loufers for two and a half years. I helped in the house and shop. On the night of January 23 there were sleeping in the house the two prisoners, three little children, Samuel Craufshinski, Mr. and Mrs. Wilck and child, Morris Craufshinski, Cornelius King, Mr. and Mrs. Comsah and two children, and Martha Spinder. Early in September Eva Loufer, a child two years old, was ill with measles and I nursed her. I was in bed with her one night when Morris, who did not know I was there. said to his wife, "Cheer up, we won't be hard up, not long, we will soon have some money." Next morning I asked Morris "What do you mean by you will have some money?" He said, "What is it to do with you?" Some days later Mrs. Wilck fainted. I was in her room. I called out to Morris, "Look here, are you going to do such a thing as this?" I had heard Mrs. Wilck say to Morris "Are you going to make a fire?" You know my husband is never at home, and I am expecting every day to be confined." He "gave the hand" and swore to her that, as he would be a father to his children, nothing should happen till after Easter. One night, about a fortnight before the fire, I woke up about 2 a.m. I went down to the kitchen to get some hot water I saw someone kneeling behind the counter in the shop. I screamed out, "Who is it?" Morris, without saying anything, rushed out into the street. Then I saw a big lot of paper alight. I poured water on the flames. I screamed out and Mrs. Loufer came down fully dressed. When Morris came in I told him I was going to the police station. He
started crying, and begged me not to go and said that nothing should happen. I said "I cannot believe you. You 'gave the hand' that it should not be till after Easter." He said "Don't go; you know my name is so bad; if you tell them anything has happened they will have me." He asked what I was going to do. I said he had better give me the money he owed me and I would move out, as I was a very nervous woman. He said he would get the money from the club on Saturday and pay me. On the Sunday he said he could not get the money. On the Saturday before the fire I was cleaning some bottles and glasses. There was a bottle containing some white liquor. I was going to drink some soda water and I poured a little of this stuff into my glass. Prisoner saw me, and he screamed "Don't take that, it is poison." He said it was methylated spirits that he had got to polish some furniture. On the Wednesday before the fire I saw Samuel Loufer bring in about six gross of matches. An hour later he brought in a dozen or more long tapers. I had never seen such things in the place before. On the morning of the fire I went to bed at about one o'clock. I could not sleep. I felt so nervous. I went downstairs for some water, when I saw someone on the stairs. I gave a scream. Morris said, "It's all right, it's only me." I went back to bed. After some time I heard the handle fall out of my door. I screamed out, "Who is it?" Morris answered, "It's all right, it's only me, Moss. I only want a bit of candle for Janey" (the servant). He said "Goodnight" and went away. Five minutes afterwards I heard a terrible cracking noise, also police whistles. When I got out on the landing I became unconscious with the smoke and fell on the stairs. I was taken to 3, Winterton Street and there recovered. Samuel Loufer was there. He gave me a glass of water and said "Keep quiet, whatever you know; don't say nothing. Then you will see you are sure to have a quarter of the money, if not more. If you say what you know you will have nothing, as my father will get the rope. Besides, everything is done now." Later that morning I saw Morris. He said, "Well, now the thing is all over." I said "Please go away, because I am afraid to be with you; as you can make a fire you can poison me as well." The next Sunday, as I was passing the house, he asked me to go up, my aunt was there. I went up to the front room. There was only me and him there. He said "What are you going to do" I went to open the door. He would not let me out. I started screaming. He said "You will have pity on me because I am father to my children." I said I was going to say the truth. He said that if I said anything he would get me five years, as he would tell the police that I had come to get money out of him. I struggled to get out. He tried to hold the door. At last I got away and went out into the street, where there were a lot of people. Samuel Loufer came to me and said he pitied me if I said anything, because I should go to prison. Morris told me he would give me money if I went to France out of the way. I said I would not have such money, when people had been burnt to death. On Saturday, the day of the inquest, I went to the City Police to get my goods. The fireman said I could not have them as they were insured and told me to get an order from the company for them. I went to the office on Monday with Rose and Craufshinski.
Cross-examined. At the insurance office I made a statement which was taken down in writing. I went to nurse Loufer's daughter at the end of August. She was in bed about five days. It was the second day the conversation I have spoken of took place. Morris Loufer came in and said to Mrs. Loufer, "Cheer up, we shall soon have some money. We shall not be hard up." He did not know I was there. Mrs. Loufer told him to go downstairs. The next morning I asked Loufer what he had meant by having money. I said "Are you playing in the lottery?" He said, "Do you want to know everything? What does it matter to you where I get money." I said, "If you are going to make anything happen in the place I shall know and I shall go to King David's Lane and let the police know." He said, "It won't be nothing happen." I did not know anything about a fire until after the occasion when Mrs. Wilck fainted. A fortnight before the fire when the other little fire occurred Mrs. Loufer came down and started crying and said, "A singular thing the tailor has gone; I do not know what is going to happen."
(Tuesday, March 11.)
KATE RUBENSTEIN recalled, further cross-examined. At the interview on January 26 I did not hear Morris Loufer say anything about £20. I did not say to Jacobson after I ran out into the street, "Loufer has had a fire, and I want a few pounds out of it; if not, I will show him what I can do." I have not said in the corridor of this court to Isaacs that I was going to give evidence against Loufer because he would not pay me money. While at Loufer's I used to pay 3s. a week rent, or 1s. 6d. and my food when I stayed in and helped.
SAMUEL CRAUFSHINSKI . I lodged with the Loufers about eighteen months, sharing a bedroom with Samuel. Six weeks before the fire I was in the shop with Samuel. He showed me a coloured bottle and smiled. I said, "What are you laughing at?" He said, "That bottle will fetch me some money." I said, "What do you mean?" He said, "You will see." He said it contained methylated spirits; he took it upstairs. Two Sundays before the fire Morris said to me that he was in very great trouble, "and I think we ought to do a fire." On another day I went into the kitchen. Mrs. Wilck and Mrs. Loufer were crying. Morris was very excited. He said, "Well, I cannot wait longer; there must be a fire." Mrs. Wilck begged that he would wait till after her confinement. He said, "I cannot wait longer; the brokers will soon be coming in for the tobacconists' account. I have got no stock and no money to buy. If it don't suit you must move out." She said she could not move, as she had ordered the doctor for her confinement in a fortnight. On the night of the fire, just before I went to bed at mid-night, I saw Morris and Samuel in the shop. Morris opened a drawer and gave Samuel a paper. Samuel sometimes had tickets for music-halls, so when we were upstairs in our bedroom I asked him if it was a ticket that his father had given him. He said, "No, only father gave me the policy." I finally went up to bed about one. Samuel was in bed undressed; I did not go to bed immediately. In about half an
hour Morris came into the room. He asked why I had not gone to bed. I said, "I have got something the matter with my arm." He said, "It is all right; go to bed." He left and I went to bed. Soon afterwards I was woke up by Morris rushing in and shouting, "Fire in the house." At that time Samuel was not there, nor were his clothes. I rushed into the street, and there I saw Samuel and Morris, both fully dressed. On the Sunday following I saw Morris. He said, "If I had known those two boys would get burnt I would not have done it, but it is all over. Do not speak to anybody, and I will see you all right."
Cross-examined. I was quite friendly with Morris. I am so even now. Although he had said that he was going to make a fire I stayed on living in the house. I did not give notice to leave. I know Barney Fink. I did not on January 25 say to him, "Will you go with me to Morris Loufer and we will ask him for £20 each? I do not know for certain, but I believe he has made a fire." That is all invention. (Witness also denied Rose's story as to a similar conversation.)
WILLIAM EDWARD OSBORN , of Self and Co., fire loss assessors, 34, Old Jewry. We act for the Alliance Company. On January 27 Rubenstein saw me. She first spoke about goods of her own and then made a statement with regard to the fire. I advised her to go to the coroner.
Cross-examined. I never heard about a fire a fortnight before this which was put out by Rubenstein.
JACOB YANTIN . On January 24, between 2.30 and 3 a.m., I was passing 254, Commercial Road, when I noticed a big smoke through the window. I knocked on the window and got no answer. Then I went to the side-door in Winterton Street, and knocked for two minutes. A man just slightly opened the door. I said, "What is the matter?" He said, "It is a fire," and closed the door. He was half dressed. I went and rang the fire alarm.
Cross-examined. I knocked on the door with the knocker.
Police-constable NOAH JONES, 166 H. 254, Commercial Road, was on my beat this night. I passed the place about 2.50 a.m. Everything was then all right. A little later I met Yantin, who told me about a fire. I sent him to give the alarm and went to this house. The shop was well alight, the windows broken, and flames coming through the door. I went round to the Winterton Street door and knocked there with my truncheon and blew my whistle. In a few seconds I heard the bolt drawn and the door unlocked, and Morris came out. He had his trousers, shirt, and boots on. I went upstairs through the smoke. In a room on the first floor I found Mrs. Loufer with a baby in her arms and two children. I took the children downstairs. Then I went back and fetched Mrs. Loufer and the baby. I went up a third time and found Rubenstein lying on the landing, also Mrs. Wilck leaning against the wall with a child. I assisted the latter two
down, then returned, and carried Rubenstein down. I was then overcome with the smoke and do not know how I got out of the place. (The witness was warmly commended by Mr. Justice Bankes for his bravery.)
THOMAS WILLIAM WOOLGER , District Fire Brigade Officer, spoke to finding Morris Kovalsky on the stairs between the first and second floors. He was unconscious and very severely burned. He was sent to the hospital. Witness continued: When the fire had been got under I saw Morris Loufer. I asked him whether the contents of the place was insured. He said yes. I asked him in what office. He said he did not know, but his son Samuel knew. Then Samuel was fetched and he said the insurance was in the Alliance Company. He took a document out of his jacket pocket and handed it to me. I opened it and found it was the policy, and returned it to him.
Cross-examined. I think the fire originated at the counter in the tobacconist's part of the shop, on the right hand side. If there was gas piping there the natural conclusion would be that that was the probable cause.
Re-examined. I cannot form any opinion as to the cause of the fire.
HENRY JAMES PUTZ , London Salvage Corps. I arrived just after the firemen. There was a fierce fire on the ground floor. Shortly afterwards I saw the two prisoners in a room on the first floor. They took from a drawer there an insurance policy, which they handed to me.
WILLIAM JOHN MAY , Fire Brigade Superintendent. After the fire had been extinguished I interviewed the two prisoners. I asked Morris how he discovered the fire. He said he was awakened by police whistles blowing and people shouting and banging on the door. Then he went down and opened the door, then woke the servant (in the kitchen), then went upstairs shouting as far as the first floor. I asked him if he tried to call the Fire Brigade, and he said he did not think of it. I examined the premises. I think the fire originated on the right hand side of the shop. I do not say necessarily at the counter.
Sub-Divisional-Inspector WILLIAM SKILTON , H Division. I saw prisoners just after the fire. Samuel told me that they closed about one that morning. I asked Morris, "Have you any idea as to the cause of the fire?" He shrugged his shoulders and made no reply. He said he was insured for £400. I asked him how he discovered the fire. Samuel spoke to him in Yiddish and then said, "Father says he went to bed at one o'clock and was woke up by someone knocking at the door. He went downstairs and saw a policeman, who said the place was on fire, and the policeman ran upstairs and brought down the two girls."
Cross-examined. There was no knocker on the Winterton Street door. Morris was arrested in his own house. He had made no attempt to run away.
Inspector FREDERICK WENSLEY , H. Division. On January 28 I went to 254, Commercial Road and saw prisoners. I asked them to come with me to the police station. They said, "All right." At the station I said, "You will be charged with the murder of Morris Kovalsky and Cornelius King by setting fire to your house on the 24th inst., they being inmates therein." I also said they would be charged with arson. The charge was interpreted to Morris. He made no reply. Samuel said, "Very well, I understand. I suppose this means stopping here." They were searched. On Morris we found this police whistle and chain and five pawntickets. On Samuel a demand note from the Gas Company.
SAMUEL ISAACS , recalled (to Mr. Henriques), said that he heard Rubenstein in the corridor here saying to people that she was very sorry she gave evidence in the case and that everything she said was a lie.
To Mr. Graham-Campbell. She was speaking to a woman in Yiddish. (Witness exclaimed, "How can the jury believe a prostitute and a thief," and was directed by the Court to stand down.)
SAMUEL LOUFER (prisoner, on oath). Before it happened I knew nothing about this fire. I never saw a bottle of methylated spirits in the shop. On the Sunday before the fire I took in two gross of matches from a traveller. I may have brought in three tapers (three for a penny). They would last us a month or so. On the counter in the shop there was a pipe lighter with a flexible tube. On the night of the fire I went to bed about 12.30. My father had not given me any paper. I went to sleep before Craufshinski came up, and did not see him that night. I was awoke by my father screaming, "Fire." I got up and opened the door and found the passage full of smoke. I went back for my clothes and went out. I did not notice Craufshinski at all. (Witness denied, so far as it concerned him, the evidence of Rubinstein, Angel, and Isaacs.)
MORRIS LOUFER (prisoner, on oath) said he had two customers who were desirous of purchasing his business. He agreed to accept £60 from one Sobiesky on condition that he should wait till witness found another shop. Witness was, therefore, on the look out for another place. Taken through the statements of Rubenstein, witness gave them a flat denial. He declared that she was lying throughout. No methylated spirits ever entered his house. He never had more than two gross of matches in at a time. Mrs. Wilck and Craufshinski's statements were all lies. Witness continued: On the night of the fire I went to bed about 1.30 or 1.45. I did not go to Rubenstein's room. I noticed a light in Craufshinski's room, so I went in there and told him to go to bed. Then I went to bed. I was awoke by the
policeman knocking at the door. I went down, having only my pants on, but did not open the door immediately, as I was frightened at the enormous hammering. When I did open it the policeman told me there was a fire. I woke the servant, then rushed upstairs and gave the alarm. I went into my own room and put on my trousers and boots. On the Sunday Craufshinski and Rose came. Craufshinski said he wanted £20 of me and he would go to America. I did not set fire to the house.
Cross-examined. I have been in England thirteen years. For over five years I have been at 254, Commercial Road. I did not insure before October, 1912, because up to then I had only had a restaurant business, with no stock. (As to Yantin's evidence:) I did not open the door to anyone until I opened it and found the constable outside.
Cross-examined. There was nothing in writing. He told me he was doing £20 a week.
Mrs. LOUFER (wife of Morris), contradicting Rubenstein, said that there were no conversations about a fire, and she never heard of the fire beforehand.
Mrs. WILCK, contradicting Rubenstein, said she had never fainted, and there was no conversation about the fire being postponed till after Easter on account of her confinement. Her child was in fact born on the Wednesday after the fire.
(Wednesday, March 12.)
Verdict, Morris Loufer, Guilty of manslaughter. Samuel Loufer, Not Guilty. The remaining indictments and inquisition were not proceeded with.
Sentence (Morris Loufer): Ten years' penal servitude. Recommended for expulsion under the Aliens Act, 1905.
BEFORE THE RECORDER.
(March 11 and March 12.)
WILSON, Mary (30, waitress) , unlawfully procuring Charlotte Mary Essex, she not being a common prostitute or of known immoral character, to have unlawful carnal connection within the King's Dominions; unlawfully procuring the said C. M. Essex to become a common prostitute within the King's Dominions.
Mr. Bodkin and Mr. Roome prosecuted.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 11.)
Mr. Rayner Goddard prosecuted.
MORTON STEWART . I sign cheques for the firm of Stewart, Sons, and Co., 33, Old Change, E.C. On February 14 I drew a cheque to No. 774 or bearer on the Union of London and Smiths Bank for £41 2s. No. 774 refers to a customer of ours named Cobbett. The cheque was crossed. It was posted on February 15. I was afterwards shown the cheque by our bankers. No one in our firm put the words "pay cash" across the cheque. We have no rubber stamp for that purpose. I did not write "M. Stewart" across the cheque.
Cross-examined by prisoner. I did not post the cheque myself. It was posted with a great number of others.
JAMES PERCY . I am employed by Mr. Cobbett, 35, Jewin Crescent. I cleared our letter-box on February 17, Monday morning. Mr. Cobbett opened the letters. We had no English letters that morning. That was most unusual. We did not receive this cheque.
To prisoner. I had not noticed that the letter-box had been tampered with.
GEORGE FREELAND , cashier, Union of London and Smiths Bank. On the afternoon of February 17 about 3.30 prisoner presented this cheque. I noticed the words "pay cash" and after consulting the cashier took the cheque to the manager. When I returned to the counter prisoner was being brought into the bank between two constables. I afterwards charged him at the police-station.
JAMES CORNISH , cashier, Union of London and Smiths Bank. Last witness showed me the cheque when it was brought in and I gave one of the messengers certain instructions. I did not see prisoner till the cheque was shown to me. Mr. Freeland went to the manager; prisoner asked me if he would be long; I told him to take a seat; he walked over to the bench and appeared to be very restless. He did not sit down; he walked up and down, getting a little nearer to the door each time. I saw him go out of the door. Harding, one of the messengers, followed him.
FREDERICK HARDING . In consequence of instructions from last witness I kept watch on prisoner. He walked towards the door three or four times; the last time he swung open the door and went out. By the time I got out he was rushing across the road towards the subway at the top of Lombard Street. I noticed that Harris was well on his tracks and would have caught him at the top of the steps had he not been tripped up or pushed. We kept prisoner in sight till he was arrested by the police half way down the subway.
To prisoner. Before you went out you gave a passing look at someone.
Police-constable THOMPSON, 235 City Police. I was on duty in the subway at the Mansion House on February 17. I heard a shout of, "Stop thief," and saw Harris point out prisoner, who was running westwards in the subway. I caught prisoner. I asked Harris what he wanted him for; he said, "The cashier of our bank wants him; there is something wrong." Prisoner said, "It is the other man got me to do it; I knew I should get into trouble if I was caught."
JAMES HARCOURT (prisoner, on oath). The evening before I took this cheque to the bank I was very hard up walking in Bloomsbury and I met a man I had known casually for some time, and asked him if he could lend me some money. He seemed sympathetic and then I told him the whole strength of my case and asked if he would lend me enough money to take a room and to buy some stationery and things so that I could do some writing. He said he could not manage it then and asked me to meet him next morning; in the meantime he would try and borrow 10s. from a friend. I met him next morning. He said he had not been able to borrow it yet. I said a few hours made no difference. He said, "Very well, I have a cheque to change for my governor and I will let you have the money then." Then he corrected himself and said, "It is not my governor, but somebody I used to work for." We talked for about 20 minutes on other things and he made an appointment to me again at three at the corner of Lombard Street. I was a bit late. He said he had not been to change the cheque, would I run in while he went to the public convenience. He always seemed respectable and I did not think there was anything wrong with the cheque. He gave me a pocket-book with the cheque in it and I went into the bank. The cashier looked at me very hard and it dawned on me there was something wrong with the cheque. I took no notice for some time. I noticed he was not paying me out and I asked another cashier if he would be long. He told me to take a seat. While walking up and down I thought of fetching this fellow in that had given me the cheque. When I got to the bottom of the steps he was outside the bank. I went to speak to him and he made a sign with his head as much as to say "Don't speak to me." Then I became excited; I saw somebody talking to a policeman and lost my head and ran.
Cross-examined. I told the detective in my statement that the man told me to run, but he has forgotten to put it down when he copied it out. I did not get a copy till a few days ago. The man was a street acquaintance. I met him first some years ago. I think I met him daily. I never lived in the same house with him. Sometimes I did not see him for two or three months. I have only met him twice by appointment. I told Inspector Newell I knew him as a man who had been in Wormwood Scrubbs prison nearly two years ago. I do not know when he came out. I do not know what he was in for.
Prisoner confessed to having been convicted, at London Sessions, on April 4, 1911, of felony; another conviction was proved.
Sentence: Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, March 11.)
Mr. Clarke Hall prosecuted.
Verdict, Guilty of attempted carnal knowledge and indecent assault.
Sentence: Four months' hard labour.
BEFORE MR. JUSTICE BANKES.
(Wednesday, March 12.)
Mr. Cecil Whiteley and Mr. Adrian Clark prosecuted; Mr. Bernard O'Connor defended, at the request of the court.
Police-constables BENJAMIN SPENCER and WILLIAM MCBRIDE proved a plan and photographs.
WILLIAM WELLS , foreman to Boyer and Son, Paddington. I was in charge of Haines' dust shoot at Wembley. Refuse is brought in barges and shot out there. Besides four regular men under me there are a number of casual men called totties. They live in huts which they build themselves out of old tins, planks, sacking, etc. They are paid no wages. They are allowed to pick out bits of brass, rags, bones, etc., and thus they help to level the shoot. Prisoner and Bolton were totties. On January 1 I was with the police when they were taking prisoner to the station. I said to him, "Speak the truth, mate. Did you see Gower that night?" He said no, he was not there.
JOHN WALLACE . I am a totty. Prisoner shared my cabin until December 1. A woman, Maloney, also stayed there. The chopper produced is mine. I last saw it in the cabin on December 12. Prisoner called there that day. I missed the chopper the next morning. On the night of December 31 I went with Bolton to sell our tots. Bolton got 9s. for his. He left my cabin at 6.20 p.m. My cabin is about 200 yards from his.
Cross-examined. On the night of the 13th it was dark and rainy.
and followed him. He turned round and hit me on the head with a hammer that he pulled out of his pocket. I fell, and tried to crawl into the cabin; he kept on hitting me. There was a fork standing outside the cabin. He picked this up and pronged me with it. I got into the cabin. He knocked over the fire bucket, and the place was set alight. As he went he said, "You have got it now; you deserve it." I got away and ran to Stonebridge.
Cross-examined. At the time I was struck I did not see the face of the man who hit me, but it was not a second elapsed after prisoner preceded me that I was hit. We went out practically together, and I should have seen if there had been anyone else there.
WALTER EDWARD TURNER , surgeon, Willesden Infirmary. Bolton was admitted suffering from wounds on the scalp, which might have been caused by a hammer, and a tri-radial wound on the left hand which might have been caused by a three-pronged fork. He was in a serious condition, and is still at the infirmary.
CECILIA MALONEY . I lived with prisoner for some time. I saw him on the night of the 14th. He seemed upset. He said, "Something dreadful has happened. I was waiting in Darkie's (Bolton's) cabin for him to see about some work. Jack Gumm came in and hit Darkie on the head three times with a hammer. I picked up the fork and in so doing the handle got jammed in the door and Darkie ran on to it."
(Thursday, March 13.)
Detective-sergeant GEORGE CHICHESTER , X Division. On December 14, about 8.30 a.m., I went to the dustshoot and saw Bolton's hut on fire. Later I saw prisoner and told him I should arrest him for wounding Charles Bolton on December 14. He said, "I understand." I took him to the station. Wells was with us. I heard him say to Wells. "Jack Gumm was not there." He said to me, "I will admit I struck Bolton with the fork, but I did not knock him on the head with the hammer." On January 16, owing to Bolton's condition, his deposition was taken in the infirmary, prisoner being present. Afterwards prisoner said to me, "It is no use for me to say there was anyone else there, as it was too dark, I could not see."
Cross-examined. Prisoner's words were not "It is no use for me to say there was not anyone else there."
Detective-inspector EDWARD BARRETT , X Division. I saw prisoner on January 1. I told him he would be charged with wounding Bolton on December 14 at Haines' shoot by striking him on the head with a blunt instrument and stabbing him in the hand with a garden fork with intent to do grievous bodily harm. He said, "I admit I stabbed him in the hand with the fork, but I did not hit him on the head with the hammer. Another man did that. We were going to see a friend of Darkie's, and as Darkie got outside the cabin a man hit him on the head three times with a hammer. I picked up the fork and it got jammed in the doorway and Darkie ran on to it. Darkie hallaoed 'Murder.' I was frightened and ran away." I asked him if he knew the name of the man who hit Darkie on the head. He said "No; I am
telling the truth. I would not hurt Darkie." Next morning I told him he would be charged with attempting to murder Bolton. He said, "It was Jack Gumm who hit him on the head. Do not tell him I said so. He will murder me when I come out." I said, "Can you give me the name of anyone who can prove your story?" He said, "I told Ciss when I got home." I have seen Gumm. He has been twice in an asylum. He is a very violent man. He is of very low intellect, and in my opinion would be unsuitable to call as a witness, as he could not give any coherent story about anything.
Sentence: Three years' penal servitude.
BEFORE THE RECORDER.
(Wednesday, March 12.)
WARWICK, John Francis (72, jeweller) , obtaining by false pretences from Fred Ward the several sums of £2 10s. and £2 10s., from Harold McKenzie £3 7s. 6d., and from Alfred James Reader £1 2s., in each case with intent to defraud, and unlawfully applying and causing to be applied to certain goods a false trade description; obtaining by false pretences from Fred Ward the several sums of £2 10s. and £2 10s., with intent to defraud, and unlawfully applying and causing to be applied to certain goods a false trade description.
Prisoner was tried on the first indictment.
Mr. C. L. Attenborough prosecuted; Mr. Charles Zefferth defended.
FRED WARD , manager to Percy Thomas Davison, 59, Cheapside, pawnbroker. On May 2, 1911, prisoner produced two pairs of sleevelinks on cards upon which was written, "18 carat," the maker's initials, "J. W.," and the weight similar to those produced. He asked me to advance 50s. upon them. I asked him his name and address, which he gave as "Warwick, 340, City Road." He produced a trade card, which has been destroyed. Knowing he was a manufacturing jeweller I asked him whether the links were his own make; he said they were. I also asked whether they were full standard 18 carat gold; he said; "They are undoubtedly full standard 18 carat gold and you will find them stamped with my initials and '18 carat' to certify that." I found that was so. I asked why he wished to pledge the links. He said he wanted the money to pay his men. It is rather unusual for a manufacturing jeweller to pledge new stuff, but it is done sometimes. I tested them with acid, found them to be 18 carat gold, and advanced £2 10s. upon them. They weighed 15dwt. 12 grains, and assuming they had been all gold, the gold value would have been £2 7s., so that I advanced something for the manufacture. Sold under the hammer we should
have got about 50s. for them. They were unredeemed; 18 months afterwards they were put up for auction and returned unsold. He came subsequently on several occasions between May 11 and August 23, 1911, and pledged about 17 pairs of links on which similar amounts were advanced. On August 9 he pledged two pairs of links marked "15 carat J.W." I said, "Are they full standard 15 carat and your own make." He said, "Yes," and pointed to the initials and mark on the links. Pawntickets produced are in my handwriting. They were all pledged in the same name and address. I advanced altogether £31 8s. on the various occasions in the belief that they were all of the full standard 18 or 15 carat. Prisoner complained at my only advancing the gold value. None of the pledges were redeemed, they were put up for auction in December, 1912. After August 23 he offered some more and I offered to buy a pair as I had become suspicious and wanted to break them up and see what they were made of. He refused to sell them saying that he had made them up for a special order. On December 12 the links were returned by the auctioneers, Debenham, Stoor, and Son, with a notification. My principal, Mr. Davison, cut one of them in half and found it was filled with pewter or silver solder and covered with gold plate.
Cross-examined. Articles made in this way are not considered to be jewellery and are not sold by jewellery dealers. Gold solder of slightly lower carat is used in the manufacture of gold sleeve-links; if they are 18 carat, 15 carat gold solder would be used; if they are 15 carat, 12 carat gold solder would be used; but the amount of solder would not be more than a quarter of a carat. The mark and initials are generally accepted as showing they are solid gold of the carat mark.
PERCY THOMAS DAVISON , 59, Cheapside, pawnbroker and jeweller. On May 2, 1911, I was present when prisoner pledged two pairs of links; he said they were his own make, and 18 carat gold, as stamped. On December 12, 1912, the links having been returned by the auctioneer I cut one open and found it was loaded, adding considerably to the weight, but not to the value. I saw prisoner at 340, City Road, and told him the links he had pledged with me were fraudulent, base, faked. He said, "I did not know it was faked." I said, "This link bears your initials and quality mark." He said, "Oh, the initials may be somebody else's." I said, "You pledged them and you told us they were all right." He said, "If you will wait a week or two I will take them up." I said, "I shall not wait—I shall prosecute you at once." I then instructed my solicitor.
HAROLD MACKENZIE , salesman to Steward Dawson, Regent Street. In 1911 I was salesman to T. J. Brooks, Limited, 79, Wardour Street, pawnbrokers. On May 2, 1911, prisoner brought some links on cards bearing the initials "J. W., 18 carat" and the weight. He produced his trade card and said he was the maker. Believing they were solid 18 carat gold I advanced £3 7s. 6d., the weight being a little over 1 oz. On August 5 I advanced £3 15s. on two pairs; on August 12 £1 2s. 6d. on one pair, on August 26 £3 15s. on three pairs. They were afterwards assayed and found to be filled with base metal.
At this stage prisoner pleaded guilty of applying and causing to be applied to certain goods a false trade description. The jury returned a verdict of not guilty on the other counts. The second indictment was not proceeded with.
Prisoner, who was stated to be of good previous character, was released on his own recognisances in £50 to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 12.)
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Huntly Jenkins defended.
Cross-examined. Two or three years ago my sister told me that a niece of her husband's had turned up. We spoke about her sometimes. She told me she had met her at the North British railway station, Edinburgh, when she was seeing her husband off to Glasgow. I remember prisoner leaving for a holiday in February, 1912. It must have been the first Saturday in February, because I generally go to my brother's Communion Service the first Sunday in February and first Sunday in August, and I was not there; I was not well. My sister was crying because Mr. Taylor was going away; I said, "I see why; you want him to stay." I stopped with my sister to keep her company instead of going to the Communion Service. Prisoner returned the following Friday, February 9, early in the morning. I saw him about 8 or 8.30 at breakfast. That evening Mr. and Mrs. Taylor went to their prayer meeting at Guthrie Street. I remained at home. I opened the hall door for them when they returned. Taylor went to Glasgow in the afternoon. I did not know that he was going to the Guthrie Street meeting. Mrs. Taylor said it was fortunate he turned up because he played the organ in my place. I remember Stanton coming to the house next day, Saturday. On Sunday Taylor spent a quiet day at home. I remembered remarking to him that he had had an easy day, because he lived such an active life. At my sister's request I provided £150, which was paid to Miss McAvoy's solicitor.
Re-examined. I do not remember prisoner telling me where he had been for his holiday. My sister told me a card came from him on the Wednesday. He said he had been to Bristol and London. He said he stopped at the Salvation Army on Wednesday night. I remember telling my sister, "It would be a cheap lodging that night." I do not remember whether that was said in prisoner's presence. I should say it was an exceptional thing for him to stop in such a place. This letter of February 13, 1912, looks like his writing. After his arrival on
February 9 he did not go away again for four or five days till he went with us to the Keswick Convention. Stanton often comes to the house, but not once a week. I do not remember when he came next after February 10. My brother-in-law was angry when he knew I had provided the £150. He was angry because we were so simple and that the money was given to Miss McAvoy. I was not at the lawyer's office when the money was paid over. The niece was spoken of as Mrs. Lomas, a young widow. I never heard the name of McAvoy till lately. I only saw her once, at the police court. I cannot remember what was said about her before prisoner. I said to my sister, who was going to invite her to stay with us as a friend for two or three days, "I had no objection to doing my best to help my brother-in-law and sister, but I draw the line at attending to a niece who seems to be so restless she cannot do something when her husband has been dead for two years."
SABINA JOSEPHINE MCAVOY . I live at 26, The Promenade, Portobello, Edinburgh. My father and mother live at Leeds. I have a brother Joseph and one named David. Five years ago I was living in Leeds. Before that I had been in London. I was an unfortunate. I have never had a child. While I was living in Leeds there was an annual meeting between the Scottish and English Navvies. My brothers were in no way interested in that. I first met prisoner about four years ago on the street in Glasgow. The only time I saw him in Leeds was when he took me there after the first marriage, four years ago. He gave me the certificate dated March 24, 1909. I had known him about six weeks. I met him the first night I went out in Glasgow. He gave me £2 to go to a hotel with him. I said I could not go that night and he promised to meet me a fortnight afterwards. We met and stayed at the Buchanan Street hotel as Mr. and Mrs. Lomas, from Stirling. My aunt, Mrs. Chalmers, lived in Glasgow then. My mother stopped with her for two days after I met prisoner. My aunt has seen prisoner. She witnessed this form of marriage. He came to the house where I was staying and said he took me for his wife and I was to say I took him for my husband. He said, "We are legally married now," in my aunt's presence; another woman was present; I do not know her name. He left me the night of the marriage saying he would come next day, as he had to go to Scotland Yard on special business. He came the following day, and brought the certificate. Exhibit 4. There was no William Fraser present at the ceremony. I told him it was not the truth that was on the certificate. He said, "That is the way the Scotch people do it in a marriage like ours." I have found since that it was his own handwriting. That night we went to Machester. I stayed three weeks; he stayed one week. He said he had to get back again for his business. He paid the expenses; he sent money by letter to Mrs. Platt, where I was staying. He wrote me often. After a fortnight he sent my fare to return to Glasgow. I returned. He took me to a room in Roland Street, Maryhill. I stayed there ten days. I did not like the place and begged him to get a house. He did not stay one night in Roland Street. He used to come every afternoon. He said he was on special duty and could not stay at night, but he would later. He always went by the Edinburgh express. I have
never seen him off at the station. He took a house at 18, Percy Street, Maryhill. I was there six months. He said it was too much rent. He furnished the house and paid for everything. I had no servant. I had a niece living there; she is ten years old now. After leaving that house we went to 11, Bannatyne Avenue, Alexandra Park. We were there nine or twelve months. He left me for part of the week and every other week-end. The next place was 25, Devon Street. He had to leave there; he made an exhibition of himself. The next place was 31. Ibrox Street. That was the last house we had together. Dr. Dunning attended me at Devon Street and Ibrox Street. I under went two operations. I sent for him once to attend prisoner, who had had too much drink the night before. He suffers with asthma and the doctor gave him a prescription for his chest. I will bring the prescription after the adjournment. Dr. Dunning saw him each time he attended me. Prisoner was at each operation and went away the same night, saying he must attend to his business. He told me he was a detective when I first met him. At that time I knew he was a missioner. While living in Bannatyne Avenue I saw some papers in prisoner's pockets, a quarterly letter to the Navvy Mission, and a first-class railway pass between Edinburgh and Glasgow in the name of Francis John Taylor, 71, St. Bernard's Crescent, Edinburgh. Up to that time I had known him as Fred Lomas. I saw the name of Mrs. Taylor in the quarterly letter. I asked prisoner who she was. He said, "My mother, of course." I said, "I did not know you had a mother living." He said, "Oh, yes." I said, "Why do not you take me to her?" He said she was a lunatic in a genteel way and she had a sister as sort of guard over her, and that was why he did not care to take me there. I said, "Surely this is your pass." He said, "Yes, that is my pass; I travel in that name." I believed him, as I thought he was good and religious. Long before the marriage at St. Pancras he admitted that he was a missioner. He ceased to be a detective when I found out about the pass. I was on the car one night about three years ago, and saw "Scottish Navvy Mission" on some windows in High Street, Glasgow. It reminded me of the papers I had seen, and I got off the car to see. The door was fast. I saw "Francis John Taylor, Superintendent," written across the door. I told him about it that night, and he admitted he was Taylor, the superintendent of the mission. I have been to many missions with him—Inverkeithing and Guthrie Street—but not since the St. Pancras marriage. I know Mr. Naismith. I was introduced to him by prisoner as his niece, Mrs. Lomas. I asked why he introduced me as his niece. He said he lived with his mother, and he promised his father on his dying bed always to take care of his mother, and he did not care to upset her, as she was afflicted mentally, and if I loved him at all I would prove it by leaving matters as they were. Two months before the St. Pancras marriage he told me he was going to take me up to London to be married. I was always worrying because he would not marry me under the English law. We were married on March 9. We were in London some few days before. He wrote to 16, Woburn Place for rooms. The lady there could not put us up, but Miss Tyack
across the road did so. I think we stayed there seven or eight days. I think we gave the name of Lomas. Prisoner said we were to be married at a registry office and that we must find some witnesses. The day before the marriage took place we went to the registry office to give notice. Mrs. Cripps went with us. I had known her some years. She was caretaker to Dr. Cooper, of Gray's Inn Road. I introduced prisoner to her as Mr. Taylor. I saw the notice of marriage filled up at the Town Hall. Prisoner signed it. Mrs. Cripps got her husband to witness the marriage ceremony. I also got Mrs. Page to come. I knew her three or four years ago. She used to do cleaning for me. I did not know a man named Hilton; I knew him as Harry. He was brought in to look after the surgery while Mrs. Cripps went with us to the Holborn Empire the night we were married. I saw prisoner sign the marriage register. I recognise his, Mr. and Mrs. Cripps', and Mrs. Page's signatures. After the ceremony we had breakfast at Reggiori's Restaurant, opposite King's Cross Station. The whole party went to the Holborn Empire except Mrs. Page. We had supper at a restaurant and returned to Miss Tyack's. Next morning—Saturday—we prepared to go home to Glasgow. We broke the journey at Leeds because I was anxious to show my mother the English certificate. My brother went with us by the midnight train that night, and we arrived in Scotland on Sunday morning. I asked my brother to travel with us because Taylor was so fearfully drunk I did not like to travel alone with him. My mother did not see the marriage certificate that time, but later. Taylor said he had left it in his luggage at the station. My brother stayed with us about a week at 31, Ibrox Street. We passed in the name of Taylor there. Several of the neighbours at Ibrox Street knew prisoner as Taylor. Dr. Dunning knew us always as Lomas; he has heard me addressed as Mrs. Taylor. I showed my brother both marriage certificates in the presence of prisoner. Early in the summer after the wedding, on February 9, we went to live at Whiteinch. I went to Portobello for the benefit of my health. Prisoner engaged rooms there with Mrs. Welsh, 49, Regent Street. I stayed there alone; he had to go to Keswick Convention. He stayed one night in that house. The next place we lived at was 43, Bath Street, Portobello, Mrs. Barnett's. Prisoner often stayed there. I forget whether it was for one night or the week-end. I had a servant there. I had a child in my charge, the little boy I have now. He is two years old. When the mother brought him she said she had had a letter from my husband. I saw the letter. It was typewritten. I said, "He must have sent that from the office unknown to me." The baby was five weeks old when I got him. We had just gone into Devon Street. Prisoner wrote me suggesting the adoption of the child. While we were in London the little girl who worked for my mother took care of it. I wanted to take it with me, but prisoner would not allow it. We had many quarrels in Mrs. Barnett's house. I objected to some of his language and said people would take me to be his mistress. Mrs. Barnett was there when I said that. On leaving Mrs. Barnett's we went home to Whiteinch. Sometimes prisoner would stay there for a week, at other times
he would come on Thursday night for week-ends. Then he would come on Monday, Wednesday, and Friday nights. His explanation was that he had missions all over Scotland which he was obliged to visit to see that things were right. In autumn last year I found out that he was married when I went to 31, St. Bernard's Crescent, Edinburgh. He had been away from me for a long time and would not give me money for food or anything. I wired him to that address that I was going to Leeds. He told me he would be at his mother's. I followed him on the 10.5 p.m. train from Edinburgh to Glasgow. I saw him in the company of two unfortunate women. They told me they had letters from him promising marriage, etc. He heard them say that. They said they did not know I was his wife. They left me alone with him. I told him I should go to his mother that night. He did not open his lips. He travelled first and I third. When I got out at Edinburgh I could see nothing of him. It was too late to go to his mother's that night. I went the following morning. I saw Mrs. Taylor. I had seen her once before, when I went by train to Glasgow to ask him for money to pay the landlady. I heard him say, "Good God, she is here." I said, "Who is here?" He did not speak. She came up. She was in a bit of trouble, I think, by the look of her. She said, "Will you not open the carriage door to me?" He said, "Do you not see we are not alone?" He told me before this that she took fancies into her head. I was under the impression at that time that she was not quite right in her mind. I took her to be his mother until she said certain things that made me think he was telling me a lie. Next morning, when I saw Mrs. Taylor, she noticed that one of the rings I was wearing was one that she said she had given to him. I took it off my finger and gave it to her. I do not think I saw him again until after I took proceedings. Between October 30 and September 13 I agreed to a settlement, which had been arranged by my solicitor. I received £121 in Mr. McPherson's office. I did not actually see the money pass between the solicitors. I was there when it was handed over. At one of the meetings between the prisoner's lawyer and myself Mr. McPherson said to prisoner, "Why did you pay for her board and lodging if you do not know her?" He said, "I did it out of charity. She asked me for charity and I would help you in the same circumstances." He denied being my husband. The money was paid next day. I undertook not to molest him in any shape or form, neither did I. The reason I have taken proceedings is that he would not leave me alone, and I have to get my living as best I can. He was so brutal to me the night I went to the Mission Room with Mrs. Cripps that I thought the only way to be left alone was to report the matter to the police. I went to the Edinburgh Police and told them he was my legal husband. They asked for my marriage certificate. I said he had stolen it. Mrs. Cripps heard him say he had married me in England and was free in Scotland. When I first met him he had a moustache and small beard as he has now. Afterwards he shaved. I asked him why. He said, "You are so much younger than I am and I look younger without it." I said, "No doubt you do." I produce the prescription I promised to bring.
Cross-examined. The first time Dr. Dunning was in my house was at 25, Devon Street. That was perhaps two years ago. He came to attend the child that prisoner had adopted. Mr. Taylor said I ought to have children. That was the nature of the operations I underwent. It was done to please Taylor. I sent for Dr. Dunning unknown to Taylor when he attended him. I had no nurse. My mother attended me in both operations.
Dr. MATTHEW DUNNING , 3, Eglington Street, Glasgow. I have attended the last witness. I performed two operations. (Witness explained the nature of same.) I knew her as Mrs. Lomas. I do not remember attending a Mr. Lomas. I have seen a Mr. Lomas. He is prisoner. I have often had conversation with him. This card handed to me has on it a prescription for Mr. Lomas. It is a nerve tonic. He had slight bronchitis at the time.
(Thursday, March 13.)
JOHN HALL , Superintendent Registrar, St. Pancras District. I produce the registrar of marriages. It shows that a marriage took place on February 9, 1912, between John Taylor and Josephine Sabina McAvoy. I am not able to identify the parties to the marriage. The notice of marriage shows that notice was given by F. J. Taylor.
JOSEPHINE SABINA MCAVOY , recalled, further cross-examined. Prisoner changed his name from Lomas to Taylor and Taylor to Lomas so often that I got bewildered. My father is a bricklayer. I was going to so describe him in the marriage certificate, but prisoner said, "You had better say building contractor; it sounds better." I stated that I first met prisoner in Leeds to my solicitors because I was ashamed to let them know I had been an unfortunate woman. I told them I first met him in connection with the Navvies' Mission. I did that to shield him. When he asked me to become his wife (speaking of the Scotch marriage) I was at my aunt's. She was present, also a lady friend of hers and another unfortunate. This was at 93, Calder Street, South Side, Glasgow. I laughed and said he did not mean it. The day afterwards we went through this form of marriage. My aunt and her friend were present. In my information I said my mother was present. That was untrue. I did it on the impulse of the moment because I did not know the other woman. I did not say to him the first time I met him, "Good evening, Mr. Taylor, you are my uncle, I believe"; he addressed me. I did not say I was the daughter of his brother Jim. I did not tell him his brothers William and Sidney were dead. This is the first time I have heard their names. I did not say I had married a man named Graham, a professional singer and that I had taken small parts myself at the Woolwich Hippodrome. I gave him my address in Calder Street and told him he could come and see me. The first time I heard of the name of Lomas was when I asked prisoner his name. He took the rooms at 26, Promenade, Portobello, through an advertisement; he wrote to several. I was at several meetings that he addressed at Inverkeithing. He knew practically everybody in the place and they all knew him. They all thought I was his niece. I heard one or two ask
him how Mrs. Taylor was. I never heard anybody ask him, "How is your wife?" I was under the impression they referred to his mother. I did not go about saying I was his niece; if I was asked I used to say "Yes." He made me. I often used to go to meet him at the Waverley Station for money to pay my way. In April, 1911, I there saw a woman I now know to be his wife. I did not say, "This will be my aunt." I did not say, "I will separate you from your loving Janet." Perhaps you are referring to the incident where two unfortunate women stood talking to him. I thought he was my husband. I brought an action against him for £2,000 damages. I think I told my solicitors before it was settled of my past life. It was not money I wanted. I would not have brought him here at all if he had treated me as a human being. I am left with a baby to bring up which was adopted at his suggestion. He refused absolutely to do anything for me. I expected maintenance from my husband and went to my solicitors. I do not think they advised me to take criminal proceedings. After the writ had been served. I met him opposite the G.P.O., Edinburgh. Mrs. Cripps and my landlord were with me. She came up to Scotland to identify prisoner. He had stolen my marriage certificate from me. Mrs. Cripps did not say if prisoner would make it worth their while they would produce the man who went through the form of marriage in London. He offered £200 if I would let the matter drop. I left him in the street because my solicitors advised me not to have anything more to do with him. At one interview after I had been to my solicitors I asked him for a ring as a keepsake. He gave me the one I put on his finger the day we were married. Mrs. Cripps and I called upon him at his mission room in Guthrie Street. I did not ask to be allowed £1 a week; I asked for no money whatever; nor did Mrs. Cripps; all she asked was for him to come out of the mission room and speak to me. I wanted him to leave me alone. I told him I should have him arrested if he did not. He had written several letters concerning me which were not true. I said, "I shall have to tell people you have committed bigamy." He said. "If you do that I shall have to do my time, but they won't keep me; nobody would believe your word against mine." I have never given birth to a child. For his sake I told my father and mother I had. Sergeant Page asked whose child it was that was with me. I said, "Mine"; birth was not mentioned at all. The whole of the manuscript book handed to me is my writing. It is my life story. Mr. Campbell, the solicitor, gave me his word of honour it would never be used. A little of it is true and a great deal false. A great deal of it was written at prisoner's dictation. The part about abortion is not true. I have never been in the family way.
(Friday, March 14.)
engaged a room for herself, maid, and child. It was arranged that the nights Mr. Taylor came her maid slept with mine. I have seen the child; it is outside the court. Prisoner is the man who came there as Mr. Taylor. Mrs. Taylor stayed about ten days. The day they left Mr. Taylor came in the forenoon. He was irritated about the loss of an umbrella and kept hurrying Mrs. Taylor to catch the train. She said, "You are not always in such a hurry to get me with you." He said, "I don't want you with me; I wish you were dead." They left in a cab. About a month later I received a letter from her from Glasgow asking if I could put her up for the week-end. I wrote my terms. She came and stayed five or six weeks, bringing the maid and child. During that visit prisoner came once to dinner and several times to tea. He did not stop at night during that visit. Two or three times I heard her scolding him and accusing him of kicking and abusing her. On one occasion she was sitting on his chest on a couch. He said, "Mrs. Barnett, you have heard of a husband being sat upon." I said, "We are having a practical illustration of it to-day." It passed off as a joke. Once in the course of quarrelling she said to him, "By the way you use me people might think I was your mistress and not your wife." He said, "No one would think that, Topsy."
Cross-examined. I am friendly with Miss McAvoy. I have had one or two visits from her since she left my house, and I have visited her. She talked her affairs with me sometimes and told me of her husband being unkind to her. Mr. Taylor has been to my house a good many more times than three. He only slept there once. I do not remember him complaining of her using the name of Taylor. I never saw him kick her.
JAMES NAISMITH . In February last I held the position of missionary at Rossyth for the Scottish Navvy Mission. I lived at The Poplars, Inverkeithing. Prisoner was my superintendent. He resided at 31, St. Bernard's Crescent, Edinburgh. One room was used as an office. I have met Mrs. Taylor and Miss McClintock. I understand prisoner went for a holiday from the end of January to about February 12 last year. I had occasion to write him during that time. I wrote to St. Bernard's Crescent. I received a letter from him dated February 13 from that address on Navvy Mission paper. Before this case began I saw Miss McAvoy on a tramcar. Prisoner was with me. He said she was Mrs. Lomas. I saw her once after that when I took up duties at Rossyth. Prisoner and I left Edinburgh by the 4.30 train for Rossyth. I was going to the mission and prisoner went for his niece to Inverkeithing. We all three went to the hall together. He said nothing about her that I remember particularly, only that she was his niece.
JOSEPH MCAVOY , 10, Wright Street, Elsecar, Leeds. Miss McAvoy is my sister. I have two brothers, William and David. They are both married. The little boy outside the court is my sister's own child. About twelve months ago she came to our house with prisoner. He told me he was a detective. I travelled to Scotland with him. He was the worse for drink. He said he had come up from the wedding in London, and that they had been married at St. Pancras Registry
Office. My mother asked him to stay the night; he said he had an appointment at Armley Gaol. Prisoner showed me both marriage certificates in Scotland. I stayed a week at Ibrox Street in the same house with them. He went away on Monday morning saying he would be away two or three days on business. He had a handbag with a suit of clothes in it. When he came back he was differently dressed. The third time he went away he travelled to Edinburgh with me. I have not seen him since until now.
Cross-examined. My sister did not tell me she had given birth to a child. I was in the house when my mother told my father of it. The first time I saw prisoner was four or five years ago. He was supposed to be married to my sister then. That was the Scotch marriage.
ALICE TYACK , boarding-house keeper, 16, Woburn Place, W.C. Mr. and Mrs. Lomas came to lodge at my house on February 4. They stayed till the following Saturday, I believe. I recognise Miss McAvoy as Mrs. Lomas. I cannot recognise prisoner. Mr. Lomas was clean shaven.
OCTAVIA CRIPPS , 107, Judd Street, Gray's Inn Road. Thirteen months ago I was housekeeper to Dr. Cooper, of 202 Gray's Inn Road. I have known Miss McAvoy between six and seven years. She used to come to my house. I knew her a long time before I spoke to her. I had not seen her for three or four years when she came to see me in Gray's Inn Road at the time she got married. That was February 6 or 7. I did not have any letters from her. She asked me to be a witness at the marriage. Mr. Taylor said he wished to be married by special license. I said, "Come to the Registry Office, I was married there myself," but I did not know the cost of a special license. On the way there he told me he was a private detective. He said, "I stay at the Hotel Russell; could not I tell them I stayed at your house?" I said, "Oh, yes, there is no harm, I have known Joseph McAvoy a long time." I was present at the ceremony on February 9. Prisoner is the man who married Miss McAvoy that day. After the marriage we went to lunch at Reggiori's. In the evening we went to the first house at the Royal Music Hall. I asked the boy Hilton's mother if he could look after the surgery. After the music hall we had supper at Meppon's, facing the "Horse Shoe," Tottenham Court Road. I saw them at 10 next morning at St. Pancras Railway Station going to Leeds. We had a drink outside Euston Hotel. I had one or two letters from them during the year, one from prisoner. He said he was fond of mussels and could not get any in Scotland. I sent him some. He wrote and thanked me for them. I did not keep the letter. I next saw them last November. I went to Scotland to meet Mrs. Taylor. I stayed at Mrs. Barnett's, 43, Bath Street, Portobello. I was there four days, when prisoner sent a telegram to Mr. Barnett. I was with Mr. Barnett outside the post office by Waverley Station. We saw prisoner there. I said to him, "Don't you know me?" He said, "Yes, Mrs. Cripps." I said, "What a silly thing to do." He said, "I only married her in England." He did not think it mattered. He did not deny marrying her. Three or four days after that I was with Mrs. Taylor, the maid and the little boy; we had lunch at a
restaurant by Waverley Station; then we went to the museum. There Mr. Taylor turned to me and said, "Ask her to be lenient with me." I said, "I cannot understand that you should marry again when you are married already." He said, "I did not think it mattered in England." He saw us on to the bus and we returned to Portobello. I also went to some mission in Portobello. I remember going up a lot of flights of steps. I saw Taylor at the top of the stairs. I said I wanted to speak to him. He said, "All right, come into the room." I said, "No, come downstairs." He got his coat and hat. When he came down and saw Mrs. Taylor, he said, "Oh, Topsy, don't make a scene." She said, "I did not come to make a scene." We walked round till we came to some turning in Princes Street, where he said to Mrs. Taylor, "I shall put you in the same place where I took you from." I said, "You ought to be locked up." He said, "I shall only have to do the time." We left him. I have not seen him again till now.
Cross-examined. I made Miss McAvoy's acquaintance at a place of business I had in Judd Street, where she used to come and have a cup of tea. I only knew her as a customer. My husband was not in that business. He was at the Holborn Restaurant. I did not say that if Taylor made it worth my while the man who went through the marriage in London would be produced. Money was never mentioned. He wanted Miss McAvoy to be lenient with him. She did not answer him. I have not been convicted or charged. I never kept a brothel. I was convicted of keeping a brothel. I do not call that a conviction if I had not done wrong. That was before I knew Miss McAvoy. I went to Holloway for three months in the second division.
THOMAS CRIPPS , 107, Judd Street. I am a waiter. Last witness is my wife. I was present at the marriage at St. Pancras Registry Office. I signed the register. Prisoner is the man who went through the ceremony with Miss McAvoy.
Cross-examined. I have not seen prisoner since. I identified him outside the court yesterday. I fix the date as February 9 because I saw it in the papers.
Detective-inspector DANIEL GRANT , Edinburgh City Police. On January 23 I got a telegram from the London Metropolitan Police. At 7.40 that evening I went to the office of the Scottish Navvy Mission, 14, Guthrie Street. I saw prisoner and three or four other men, I told him I had a telegram from the London police asking for his arrest on a charge of bigamy. He said, "Yes, that is all right, but I understood my solicitor and the girl's solicitor had come to some arrangement, and that it was all settled." On the way to the station he said the sum of £150 was handed over to the girl by his solicitor in
payment of damages. He was taken to the station and detained till Sergeant Page arrived from London.
Detective-sergeant FRANK PAGE , Y Division. In consequence of some information received from Edinburgh I made inquiries here. On January 24 I saw prisoner detained at the Central Police Station, Edinburgh. Before that an information had been laid before the magistrate at Clerkenwell on the depositions of Miss McAvoy, myself, and Mrs. Cripps. I read the warrant to prisoner after we got in the train. He made a statement to me in the train. He said, "I know I have got one wife with whom I am living. We were married in 1899 at the Windsor Hotel, Edinburgh. Her brother married us. I have never married anyone since, and Miss McAvoy has got someone to impersonate me. I was in Edinburgh and Glasgow when the ceremony is supposed to have taken place. This is blackmail, and my wife has already foolishly paid £150 in my absence to save trouble. I was angry when I knew that the money had been paid." I brought him up to Somers Town Police Station, where he was charged. In reply he said, "All right." After prisoner was in my custody I had the letter of November 12, 1912, respecting the child given to me in Scotland. I showed it to him. He said, "I wrote that letter to Miss McAvoy, as she thought I ought to take the child from her." On January 25 at Clerkenwell Police Court I had a telegraphic money order for £4 belonging to prisoner. I gave it to him against his receipt. I produce the receipt. Only the signature is in his handwriting. I produce photographs of his signatures.
FRANCIS JOHN TAYLOR (prisoner, on oath). I have lived for five years at 31, St. Bernard's Crescent, Edinburgh, with my wife and sister-in-law. I held the position of superintendent of the Scottish Navvy Mission since May, 1898. I first met Miss McAvoy in April, 1909. She spoke to me in Renfield Street, Glasgow, and said, "Good evening, Mr. Taylor, I believe you are my uncle." I said at once that I was not going to stand in the street, that I was going in to tea, and she could come in to tea and tell me all about herself. She said she was married and her name was Graham; that she was my brother Jim's daughter, that Jim was dead, also my brothers William and Sidney, and that their business was being carried on by their sons. I had not seen or heard of them for twenty years. She said Graham was a music-hall artist and that she herself had been on the boards, and that the last places they played at were Woolwich and Bradford, and they were out of an engagement. She gave me her address, 283, Calder Street, South Side, Glasgow, and asked me to call and see her. I returned to Edinburgh by the 5.10 train that evening and told my wife about it. I saw Miss McAvoy about a fortnight afterwards. I was seated in the train. She opened the door of the carriage and said she would like to speak to me, as she was in trouble. The train was about to start. I said I should be in Glasgow the following day and would meet her there on the arrival of the 5.5 express. She met the
train. We went into the tea room on the platform. She said she had told me an untruth, that her husband was dead, and that his name was Lomas, that the man she was living with was not her husband, and that he was making her go out and bring men home so that he might rob them. I advised her to tell her story to the secretary of the Young Women's Christian Association in Glasgow. She asked for the address and I told her she could get it from the post office directory. She said she would leave the man and go into private lodgings and get work. I next saw her a week or two later. I simply shook hands with her, asked how she was, and begged to be excused as I was in a hurry. The fourth time I saw her was at the club, 7, High Street. She spoke about taking some rooms at 26, The Promenade. She had a number of letters in her hand which, she said, were replies to an advertisement, and asked me to read them and could I find time to call and see the room at Portobello. I saw the room next day, and wrote to her that the room looked comfortable and the outlook was pleasant, and if she decided to come that my wife and I would do all in our power to make her visits to Edinburgh enjoyable. That letter was sent to 283, Calder Street. Mrs. Begg was the landlady there. I visited Mr. Begg several times; he was lying ill. At 26, The Promenade, she always addressed me as uncle; I addressed her as Mrs. Lomas. I gave her no money while she was there. She stopped there a long time. In January, 1911, she went to Inverkeithing. I called upon her at High Street there when I was sent for by her. When I got there it was nothing; it was because I had not been paying her attention. I was not there more than a few minutes. Mr. Naismith was waiting for me at the station. I was addressing meetings there every week in January, 1911. She was at every meeting, so often that I complained to the then missionary and said that if he did not keep her and her friend (who was passing under the name of Lady Begg) out he would have to resign. The friend was the daughter of Mrs. Begg. They were continually in the vestry with the missionary. My wife went to the meetings occasionally. I was continually being asked how she was. I am known to nearly all this class of people in the north. I remember at a soirée, I made a joke. It was getting late and I said to the whole meeting that I should have to be going because I was a poor married man. That was said in Miss McAvoy's presence. In February, 1911, I was with my wife at Waverley Station, Edinburgh. Miss McAvoy came up and said she wished to ask my advice; she also said, "This is my aunt." My wife said, "Yes," and they said something about being pleased at meeting. Miss McAvoy expressed regret at not meeting my wife before owing to no one being at home when she called at my house. From Inverkeithing she went to 25, Devon Street, Glasgow. I went there by invitation. She used frequently to call at the High Street building and asked me to call; occasionally she would telephone. She lived there six or eight months. I never paid her anything. She always led me to understand she had an allowance from her husband's people. I have never had connection with her. I have never gone through a form of marriage with her
in Scotland or England. I went for a holiday to Bristol on February 3. I wanted to revisit the scenes of my youth, and especially to visit my father's grave. I stayed there from the Sunday till the following Wednesday morning. I arrived at Paddington just after 10 a.m. I put my luggage in the cloak-room and went to the British Museum. I stayed there till I was properly hungry, then had something to eat and went to Tussaud's waxworks. In the evening I got my bag at Paddington. I bought a secondhand suit in Blackfriars Road for the purpose of having an inside view of the Salvation Army shelter in Blackfriars Road. I did not have much sleep there. Next morning I took the man who was lying next to me and gave him a good breakfast and had one myself in a restaurant the other side of Blackfriars Bridge. Then I came to St. Pancras, cleaned myself up a bit, and walked up the road towards the north side of the city, Pentonville Hill. I went to Drayton Park to look at a house in which I had lived twenty odd years ago and to revive a few old memories. Then I went to the World's Fair, Islington. I finished the day by going to the picture palace near St. Pancras Station. I left for Edinburgh by the 11.30 p.m. express on Thursday, February 8, and arrived at 7.30 next morning. I went straight home. I saw my wife when I got there. At breakfast I saw her sister and her maid. I lay on the couch till 1 p.m. I left by train for Glasgow about 3.30, where I had tea at the Vegetarian Café in Argyle Street. Then I went to the Navvy Mission room in High Street. There was no meeting that night. They were playing billiards, bagatelle, etc. I got back to Edinburgh at 8.5 p.m. I went to Guthrie Street. There was a prayer meeting going on when I got there. I saw the missionary, the speaker of the evening, and my wife. I expected to see her there. I am not in the habit of going to these Friday meetings. The organist had not put in an appearance. I sat down and played for them. Next day a man named Stanton came to see me. His child was dangerously ill and he told me the doctor had ordered it some special food, and asked if I would be good enough to assist them in getting it. I gave him 5s. I left an order at Jackson's for some pastry to be delivered the following Monday. I went to Glasgow by the 5 p.m. train and spent the evening playing with the men in High Street. I came back by the last train, arriving in Edinburgh at 12.20. Next day, Sunday, I spent in a quiet way. I had a friend call about 11.30 a.m., and we sat and smoked. He left about 2. I did not go out that day. Exhibit 13 is my letter to Naismith. The first part, "I only arrived from the South of England last evening, where I have been for more than a week" was an invention. I should have sent him £2 on the 7th and only sent him £1 8s. I sent him the cheque from Bristol. I had to withdraw the pamphlet (Exhibit 20) because I found my signature was being copied and used for begging purposes. The next time I saw Miss McAvoy after arriving at Edinburgh was the following week after the 10th. I received a message saying she had called at High Street and wanted to see me. She was living at Ibrox then. I called there. She introduced a young man as her brother. She made me a cup of tea and I left. Next time I saw her she told me she was going to move from
Ibrox owing to some trouble with the neighbours about her dogs, and would I become security for a house she had seen at Whiteinch. I said I would write the agent if she would give me his address. She said I need not trouble to write, let it stand over. I heard no more about it. I called three times while she was living at Summerfield Cottage, Whiteinch. I did not see her brother any more. I have lent her sums of 5s., which she always paid back up to the end of last year. During the time she lived at Mrs. Barnett's she asked me to become security to a money lender; I refused. I never saw her after that till the Monday before the writ was served on me. I was alone in the compartment of a train at the Caledonian Station, when she came up. She seemed under the influence of liquor. She asked if the train stopped at Hilly Down. I said, "I believe it does, but to be sure you had better ask the guard." I closed the door and that enraged her. She shouted out, "I will separate you from your loving Janet." I pulled the window up then. I remember meeting her, Mr. Barnett, and Mrs. Cripps after the service of the writ. That was the first time I had ever seen Mrs. Cripps. I did not speak to her, nor she to me. Barnett said if I would make a settlement with Mrs. Lomas he had influence with the London Judge that when the case came before them it would be all right. He told me that they had made a charge and given information to the police that I had been inciting Josephine to make a charge, and then they named a certain minister, of having tried to indecently assault her; and that I had spread about reports that he had had immoral relations with her in Glasgow, and that I had given information that Mrs. Cripps procured young women for bad purposes, and that I had tried to ruin Josephine's friend who lived with her, and that he had seen me in the act, and her father was taking action against me. Then I said, "You are a set of devils; you can make your charges." I turned to leave them; I had had about enough. Then he said, "Now, Taylor, do be sensible, come down and spend the night with us." I walked away. The women did not speak at all that evening. They heard every word of the conversation. Next time I saw her she was with the little boy at Waterloo Place on the Saturday. She said she was in great trouble, owed Mrs. Cripps £50, and Mrs. Barnett £40, and if I would give her £100 she would go right away and never bother me again. Then Mrs. Cripps came up and said if I would make it worth her while she would produce the man who went through the ceremony of marriage; she would want £500. If I did not stump up, the charges that Barnett had made would be pressed. I left there and then, and Miss McAvoy threw me a kiss with her hand and went away. I saw her once after that at the post office, Edinburgh, about 8 a.m. in October. She told me that when she called at my house she left her ring on the table of my wife, that my wife was detaining it and she was on her way to High Street Police Court to put it in the hands of Mr. Duncan. I said if it was at my house she would have it without any trouble; I would get my agent to send it to her. I let her have my ring till she got hers. That is not the one that has been produced to-day. I have never seen mine. Miss McAvoy adopted the child before she
spoke of it. I saw it in Devon Street; she showed me the registration paper. I said, "I hope it is all right," and she accused me of thinking it was her own. I did not see the story of her life till she handed me the MS. She wrote most of it at Inverkeithing. She told me she was going to write it. She wanted me to take it to a certain gentleman who, she said, had promised to help her. She said he would tell me it was all true. I did not help her with it or make a single suggestion as to what she should write in it. I was introduced to Dr. Dunning by Miss McAvoy in Devon Street, Glasgow, some few days after she had shown me his photograph. I never slept at that house. He attended me once at her request. I had a very bad cold. I never had the prescription made up.
(Saturday, March 15.)
FRANCIS JOHN TAYLOR (prisoner, on oath). Cross-examined. My father died at Bristol about fifteen years ago. He was a printer in business for himself. Miss McAvoy gave the correct names of my brothers. They were older than I. I last heard of Jimmy twenty years ago. They all had children. The signature to the letter to Naismith and cheque are my ordinary handwriting when I am in a hurry. I was very excited when I wrote the letter to Miss McAvoy. I admit it is rather a businesslike letter. It is the only letter I have written for a number of years with a pen. It is not my ordinary signature. It was drafted by my agent, Mr. Campbell, and I was asked to write it out so that it could be handed to Mrs. Lomas's agent in answer to a request which he had made concerning the child. I was excited because it had been said I was the father of the child. The signature on the pamphlet I made different on purpose, because my signature having been published so much was being copied and used for begging purposes. I did not find this out after I was in custody; it was on November 8 when I came to London and saw the registrar's book in the registrar's office. It would be correct to say I wrote one way before the arrest and another afterwards. Up to the time of the arrest I always wrote similar to this in the cheque. In the signature in the notice of marriage the "h" is not exactly like that in the Naismith letter and cheque. The forgeries have been made from the pamphlet signature. I often talked to the girl about my father and brothers. She was able to give me a little information about them. I believed she was my niece. I did not take her to my home. I met her in Glasgow; my home is in Edinburgh. She could not have got back that evening. She asked me to call at the address she gave me, Calder Street. I have never been in that house. I do not think our next meeting was by accident; I think she was looking for me. I was seated in the railway compartment. I did not communicate with her. It was a fortnight after the second meeting when she said her husband was dead and the man she was living with was sending her out on the streets to get money. There is nothing more horrible than that my piece should be treated in that way. I did not think of going to the police; I advised her to go to the secretary of the Young Women's
Christian Association. I thought she accepted my advice. I did not go to the association to find out whether she had been there. I was living in Edinburgh, and this was in Glasgow. Although I had a season ticket, I could not go backwards and forwards as I liked. I had to be out on business. When I next met her I did not ask if she was leading a respectable life. I never speak like that to any woman. My duty was to deal with men, not women, even with members of my own family. I was paid to deal with men. I spent an hour and a quarter looking at the lodgings in Portobello. I did not tell my wife about the horrible life the girl was leading; she is a modest woman and a most unsuitable person to deal with a case of that kind. I asked the girl to come to my house, and she said she came, but could not find anyone at home. My wife asked her to come and take tea in February, 1911. That was two years after I first met her. That sounds hospitable for a long-lost niece. Naismith was dismissed from the Navvy Mission for telling untruths and being lazy. I was not a frequent caller at the various addresses she lived at; I called at her invitation. She has mentioned three places where she resided that I know nothing about. I did not go to the lodging in 43, Bath Street, Portobello, before she occupied it. The landlady did not tell me there would be a front room vacant in five or six days' time at £1 1s. a week. I called three times whilst the girl was living there in answer to a telephone message. I have never slept in Portobello in my life. I have never ill-treated her. I have scolded her for things she was doing, and after speaking my mind I left. Mrs. Barnett's evidence is untrue. The girl told me she was going through an operation; she did not say what for, and I did not ask. I did not pay Dr. Dunning. He prescribed for me once. He was Mrs. Lomas's and her friends' medical adviser. I believe he is something more than a doctor, for the woman herself asked me if I could recommend her to a lawyer so that she could consult him about his treatment of her. I do not like to say what the "something more than a doctor" is. She said Dr. Dunning had kissed and insulted her. That was at Whiteinch. Directly Dr. Dunning renders his account he will be paid. The prescription Exhibit 11 is not the one Dr. Dunning gave me. I do not know the two chemists who have made it up. Dr. Dunning always addressed me as Mr. Taylor; I was never spoken of as Mr. Lomas. I went to Dr. Dunning and questioned him about assaulting the girl. He denied it. We had been friendly since 1911. I have seen him dozens of times. I have called and had a smoke in his surgery when I have been waiting for a train. I stayed at two boarding-houses in Bristol; I could not tell you whose. I gave my name there. I was not asked my address. I had some hair on my face then. I came to London on the Wednesday morning, March 7, leaving Bristol at eight. I went to the British Museum that day. I swear I told the girl eleven days before I left that I was going to Bristol and then to London. She said in all probability she would be in Leeds; could I make it convenient to see her there. I knew her parents lived at Leeds. Her father would be my long-lost dead brother. I have not visited my relatives for twenty years. I knew her parents
were drunkards. I do not associate with drunkards. I did not go to Leeds. I was not accompanied from there by young McAvoy. I never saw him till I saw him in court. I have never described myself other than the general superintendent of the Scottish Navvy Mission till I left their service in November last. I have never taken a second suit of clothes to Glasgow nor carried a bag large enough to hold a suit. Miss McAvoy called at High Street one night when I was not there and left a message asking me to call at her Ibrox lodging the next time I was in Glasgow. The missioner gave me the message. That is how I came to be there after I returned from my holiday. Mrs. Cripps did not send me some mussels. We do not eat them in Scotland. I saw her at the G.P.O., Edinburgh, with Mrs. Barnett for the first time in my life. The first time I saw her husband was at Clerkenwell Police Court. I saw Mrs. Page for the first time in this court. I have not seen the lad Hilton to my knowledge before, or Miss Tyack. In February, 1911, Miss McAvoy saw me kiss my wife at Waverley Station and heard me say to her, "I shall be home by eleven, dear." When my wife came up Miss McAvoy said, "This is my aunt." My wife apologised for being out when she called. Mrs. Cripps and Mr. and Mrs. Barnett were blackmailing me. Barnett did not mention bigamy; he was asking for a settlement. I did not think of giving them in charge; I would have sooner given them a good hiding. I had already received the writ in the action. The £150 was not paid with my permission. I knew nothing about the settlement beyond what I was told by Miss McAvoy's agent, Mr. McPherson, a few days after I wrote the letter to her about the child. I have made over all my property to my sister-in-law in order that this £150 can be paid back. I told my agent that he and McPherson ought to be locked up for settling.
(Monday, March 17.)
FRANCIS JOHN TAYLOR (prisoner, on oath). Further cross-examined. I did not call at Dr. Dunning's surgery in January of this year. I did not tell him that my wife was telephoning to people saying I was ill-treating her and giving her no money, or that I had lost my situation in consequence. I told him in November that she had had me served with a writ for £2,000, and that my banking acount had been arrested. Dr. Dunning offered to give me a certificate that she was a bit hysterical, and did not know what she was saying, to produce if the Scotch writ went to the Court. I did not tell him that I could not pay his account as I only had £2 10s., but that it would be all right. I was not in Glasgow in January or February. I did not tell him that McAvoy was not my wife, that I had picked her up at the Central Station, Glasgow, and took pity on her. It is not true that my first visit to Dr. Dunning's surgery was in January, 1913. I had visited him on several occasions before and smoked with him. I have smoked his cigarettes and he has smoked my tobacco.
JANET RODGER TAYLOR , 31, St. Bernard's Crescent, Edinburgh. I married prisoner in 1899. He was then Superintendent of the Navvy Mission. Our married life was perfectly happy. His relatives never visited us. One night, in the end of 1909 or the beginning of 1910, prisoner came in and said, "I met a young woman who addressed me in the street, 'Are you Mr. Taylor? I am sure you are my uncle.'" One day early in 1911 prisoner went to the Central British Railway Station, and I followed immediately afterwards to give him some money. With him was the prosecutrix. She said to me, "You are my aunt?" I said, "Oh, I beg your pardon, I know who you are." Prisoner then went off in the train. Prosecutrix and I walked away from the station together. I said, "I am so sorry you have been left such a young widow. How long?" She said, "Two years." I said, "When did you marry" She replied, "When I was sixteen years of age." I asked her why she had not called on me; she replied that she had called two or three times, but I was out. When we parted I promised to see her. I did not see her again until she called on me in October, 1912. I opened the door. She said, "You know who I am?" I said, "Oh yes, come in please." She came in and said, "I have come to tell you I am no longer your niece. I am married to Mr. Taylor." I smiled at her, but did not answer. She said, "You do not believe me I can see. Do you see that ring on my hand, well, that was my wedding ring." This is the ring produced. She threw the ring on the table; it fell on the floor. She said, "Where is your husband?" I said, "He is out." She said, "When do you expect him home?" I suggested she might arrange to meet him. She said, "Then we will meet to-morrow morning at 11 o'clock." I said, "You are forgetting your ring; do please pick it up." She said, "I shall never lift that ring." She then went out leaving the ring on the table. She did not come next day. When I heard that the writ had been issued I went to my lawyer and arranged that my sister should pay £150 to settle the action without prisoner's knowledge. He afterwards learnt it and said I was very stupid in what I had done; that I had done a wrong act. On February 3, 1912, prisoner left for a holiday and returned on February 9 at 8 a.m. He told me he had been to see his father, and that he had been to London to visit the Salvation Army shelters, and to examine the style of their beds, etc. He had breakfast, rested and went to 49, Castle Street, and returned to dinner at 1 p.m.; afterwards we went together to attend a prayer-meeting at Guthrie Street. The organist being absent prisoner played the organ. Mr. Maclaren was the speaker. John Wilson came part of the way home with us. The next day, Saturday, prisoner went to the Mission Hall. At 1 p.m. Ned Stanton called and went with prisoner to Glasgow. I gave prisoner a £1 note to give Stanton some money. On Sunday prisoner was in the house all day. Watson called and was with him two hours. The only time prisoner has been away from me was the week's holiday, February 3 to 9; on no other occasion has he been more than one night away from me since we were married.
Mission, of which prisoner was superintendent for eleven years. Since October, 1911, we have had Friday meetings. I attended two in October and two on February 2 and 9, 1912. Maclaren was the speaker on February 9. Prisoner came in about 8.20 and, the organist being absent, he played the organ. Mr. Maclaren announced that the following Friday a Miss Hodgson, of the English Navvy Mission, would attend. Prisoner left with his wife and John Wilson. The following Saturday, at 1.45, I called on prisoner for money to get medicine for my sick child, Mrs. Taylor gave prisoner a £1 note, which he changed at a baker's and gave me 5s.
JOHN WILSON , 48, High Street, Edinburgh, employed at Alexander Hunter and Fraser, Lower Gilmour Place, Edinburgh. I have been connected with the Navvy Mission for eight years. I attended a prayer meeting on Friday, February 9. Prisoner came in a little late and played the organ. I recollect it because the next day the football match was played for the Scottish Cup.
GEORGE FIELDING , 273, Canongate, Edinburgh, slater. I have been five years connected with the Navvy Mission. Since October 11, 1911, we have had Friday evening meetings. I recollect prisoner attending on February 9, 1912; he came in at 8.20 rather late and played the organ. I was surprised to see him, as he had never attended those meetings before. Maclaren was the speaker. The day before I had repaired some broken plaster at the mission. I reported it to prisoner. He said in joke, "All right, send your bill in."
Cross-examined. Witness admitted having had a large number of summary convictions for theft, assault, and drunkenness between July 19, 1893, and November 16, 1908.
JAMES MACLAREN . I have been thirty-one years with R. and R. Clark, printers, Edinburgh. I have been connected with the Navvy Mission for five years and have been in the habit of addressing the Friday evening meetings. I distinctly remember seeing prisoner at the meeting on February 9. He spoke of Miss Hodgson coming the following week.
ROSE WYATT , wife of Charles Wyatt, Bruce Haven Road, Limekilns, Fifeshire. I have known prisoner and Mrs. Lomas since 1911. She said she was prisoner's niece. My mother invited her to her house in Bruce Haven Road for a week-end. She occupied my bed-room. Prisoner had a room at Gardner's house, near by. Mrs. Lomas said she had been married very young, that her husband had died, that her father was prisoner's brother, and that Mrs. Taylor, being an invalid, she had to travel with Mr. Taylor as a companion.
(Evidence in rebuttal.)
MATTHEW DUNNING , recalled. It is absolutely untrue that prisoner told me that McAvoy had stated that I had indecently assaulted her. I saw prisoner three days after McAvoy had had her second operation and not after that till January 7, 1912, when he called at my rooms and stated that his wife (McAvoy) was carrying on at a great rate, telephoning to his employers and all his friends, stating that he had been ill-treating her, not giving her money and that sort of thing. He said that her lawyers had arrested his money, that he had only £2 10s. in the world, but that my account would be all right. I told him not to worry about that. I offered to write a note saying that his wife's statements were due to hysteria. I understood he was in the detective service. He called again shortly before his arrest and said McAvoy was not his wife, that he had picked her up in Central Station, Glasgow, and had taken pity on her. (To the Judge.) I attended McAvoy for three or four slight operations. I conversed with prisoner about them. He perfectly understood the object of them. I only knew them as Mr. and Mrs. Lomas. I never knew prisoner as Taylor or as the superintendent of the Navvy Mission. When McAvoy was going to charge prisoner with bigamy her lady friend addressed her as Mrs. Taylor. That was the first time I heard that name.
(Tuesday, March 18.)
JOSEPHINE SABINA MCAVOY , recalled. The letter of September 4, 1912, to Mrs. Barnett is in prisoner's handwriting—I saw him write it. It refers to an umbrella which had been left at Barnett's. Ring produced I took from my finger in Mrs. Taylor's house and asked her if she recognised it. She said "yes"; it was the ring she gave her husband.
JOHN HOFBURGH BARNETT , 43, Bath Street, Portobello. I produce letter of September 4, 1912, which has been at my house since it was received. I first saw prisoner in September, when he was staying with McAvoy at my house as Mr. and Mrs. Taylor. On November 8, 1912, I saw him in the street in Edinburgh with McAvoy and Mrs. Cripps. Not being a natural born fool, I did not say if prisoner would make a settlement with Mrs. Lomas I had influence with the London Judge who would try the case and he would get off lightly; there was no conversation of the kind stated by prisoner. At the interview prisoner admitted he had married McAvoy at the Registry at St. Pancras. I was astonished and said, "You admit that now. Then the things you said before are all lies." He said, "Yes, they are all lies." He referred to the charge of bigamy to be brought against him; he was in a state of great contrition and said he deserved imprisonment—"I deserve bonds." I said, "If you repair as far as you can the wrong you have done I have no doubt it will have an effect in giving you as merciful a sentence as possible."
Verdict, Guilty, with a strong recommendation to mercy.
Sentence: Six months' imprisonment, second division.
BEFORE THE RECORDER.
(Thursday, March 13.)
Mr. G. Wing prosecuted.
At the conclusion of E. M. Driver's evidence, on the direction of the Recorder, the Jury returned a verdict of Not Guilty.
COLBON, George Harry (46, Insurance superintendent) ; being entrusted with certain property, to wit, the sum of 11s. 3d., and eight several sums of 4d. for certain purposes, unlawfully did fraudulently convert the same to his own use and benefit.
Mr. Curtis Bennett prosecuted.
ARTHUR HEWITT RICHARDS , cashier, Reliance Fire and Accident Insurance Corporation. Prisoner was employed as superintendent at Shepherd's Bush to control the business of the district agency there, and pay claims for which moneys would be sent to him from the chief office. On November 29 list of claims payable (produced) was sent to prisoner, amongst which was a sum of 11s. 3d. payable to Clent, with cheque for £5 12s. 7d., including that amount for payment of the various claims; it has been endorsed by prisoner and cashed. It is prisoner's duty to pay all moneys received to the office once a week.
ARTHUR RICHARDS , supervisor of agents, Reliance Insurance Company. It was prisoner's duty to pay any moneys received on account of the Corporation, after deducting expenses, weekly into the London City and Midland Bank at Shepherd's Bush and send the slip to the head office. The cheque he received for payment of claims he would cash with a local tradesman and hand over the money to the claimants. On December 7, 1912, I saw the prisoner at his house, which is our local office at Shepherd's Bush. I went to examine his accounts in the ordinary course. I put out my hand to shake hands with him as a colleague, when he drew back his hand behind him and said, "I am unworthy to shake hands with you; I am a defaulter." I said I had come to examine his accounts. He said, "Well, I am a lot short.' My brother, the managing director, wrote out letter produced suspending him from duty pending inquiries, and he handed it to prisoner. Receipt form produced was made out for the sum of 11s. 3d. to be paid to Clent. I pointed out to prisoner that that had not been paid. He said, "I have a number of claims unpaid." We have since paid the money to Clent. Bransbury is an agent working under prisoner; he had paid 4d. a week which had not been accounted for.
Cross-examined by prisoner. My brother asked you if you had any money at all; you then handed over 30s. My brother did not say he
would not prosecute. Your salary was £2 a week with a commission amounting to 3s. or 4s. a week, travelling expenses 4s. a week, postages 3s. 6d., and an extra allowance of 5s. for the rent of the office which was in your house.
FRANK ELLIS KAY BRANSBURY , agent to the Reliance Corporation. I submitted my accounts every week to the prisoner, and from October 17 to December 5 I debited myself with 4d. each week which should have been entered on my insurance card left with the prisoner.
Detective-Sergeant WILLIAM ROSE , H Division, stationed at Acton. On January 21, at 9 a.m., I went to prisoner's house, when Arthur Richards gave him into custody. I told him I was a police officer and should take him into custody for having received divers sums of money amounting in all to 4s. 8d. between October 14 and December 2, and fraudulently converting the same to his own use. He said, "I admit it all. Mr. Richards, you are not going to do this? Think of my wife and children. Sergeant, cannot anything be done to prevent this? Is it only the sum of 4s. 8d. you are going on?" I said, "It is only fair to tell you there is a far greater sum involved, but you will only be charged with the 4s. 8d. this morning."
To prisoner. You did not say "Yes, but I have paid them money since."
WILLIAM EDWARD RICHARDS , managing director Reliance Corporation (called at prisoner's request). On December 7 I examined prisoner's cash at his earnest request. When I got to his house he flung himself on the ground and his little girl said, "Do not lock my Daddy up." I was rather taken aback and said, "I am not a policeman; I have not come to lock your Dadda up; if your Dadda gets into trouble he must act the man and get out." All I knew was that he refused to shake hands with me, saying he was unworthy because he was a defaulter. I then knew nothing about his accounts; I had only gone in the ordinary course of business. I did not ask him to do all he could to get the money together.
Verdict, Guilty, but with no fraudulent intent. The Recorder said that this was a verdict of Not Guilty and discharged prisoner.
DAVEY, Allen Ray (24, clerk) , on September 15, 1912, embezzling and stealing the sum of £3 19s. 6d., and on January 17, 1913, £1 16s. received by him for and on account of William Frederick Danvers Smith and others, his masters; unlawfully falsifying certain books and accounts, the property of the said W. F. D. Smith and others, his masters.
Mr. Maurice Beechcroft prosecuted; Mr. Huntly Jenkins and Mr. Cruickshank defended.
Prisoner was tried on the first indictment.
GITANA MAJOTTI , Brankescombe Gardens, N.W. I am a customer at W. H. Smith and Son's bookstall at Tufnell Park Station, of which prisoner was in charge. On September 15 I paid him £3 19s. 6d. for newspapers, which I had ordered to be sent to my brother in the Argentine. He gave me receipt produced. In December I ordered further papers to be sent, for which I paid £1 16s. in cash, he giving me receipt produced.
PERCY HOUGHTON LOBB , superintendent of London district to W. H. Smith and Son. Prisoner is bookstall manager at Tufnell Park Tube Station. About every four months I audited the prisoner's accounts. On February 4, 1913, I found a deficiency of £18. It was prisoner's duty to send up weekly balance-sheets showing the orders received, cash collected and owing, and stock. The amount of £3 19s. 6d. received on September 15 should have been entered in his cash sales for that week; £1 16s. received on January 17 should also have been entered. Neither of those amounts are credited. On February 4 I sent prisoner the books for entering up his stock. He returned an account showing that he had books, etc., in stock to the value of £73 17s. 2d. The amount of stock was abnormally large, and I drew his attention to it. He said there was a big deficiency in the account, and that it was owing to his indulging in betting coupon competitions across the water. He said he had borrowed stock from a neighbouring station bookstall to the extent of £20. I afterwards found he was £40 short in his stock. He was paid 18s. a week and 5 per cent. commission on sales, making a total of 24s. a week.
CHARLES JOHN COLLINGTON , clerk in charge of Kentish Town bookstall, W. H. Smith and Son's. In February prisoner asked me to lend him some stock, as he was short, and it was the day before his stocktaking. I lent him stock to the value of £24, which he took away in parcels and £1 in cash. In October, at a previous stocktaking, I lent him about £10 of stock. I have now been suspended.
Cross-examined. I was myself 25s. short on my first stocktaking and afterwards £4 10s. short. That was due to books being stolen from my stall, and I borrowed stock from the prisoner to show the proper quantity on the stocktaking.
thought it was cleared off." I conveyed him to Camden Police Station. On being charged he said, "I paid the money into the cash sales to clear the shorts."
ALLEN RAY DAVEY (prisoner, on oath). I am twenty-four years of age, and have been in the employ of the prosecutors since I was eleven, when I went in as a boy. I was in charge of the Tufnell Park Tube Station bookstall, working from 7 a.m. till 8 p.m. I had three hours a day off for meals, when I left the stall in charge of the boy. I have returned and found the boy absent from the stall. A great many books and papers have been stolen. Finding there was a shortage in stock and receiving notice that the stock was to be taken, I borrowed stock, as stated, from Collington to make up the amount, hoping that I could clear the stock later on and in order to avoid being dismissed for having short stock. I received the two sums of £3 19s. 6d. and £1 16s. as stated. I paid them into cash to clear the shortage. I generally take about 16s. to 30s. a day, and the shortage in my accounts is owing to goods being stolen.
(Friday, March 17.)
Verdict, Guilty, with a recommendation to mercy.
Sentence: Four months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Thursday, March 13.)
Mr. E. M. V. Roderick prosecuted; Mr. Tully-Christie defended.
CHARLES GALLATT , butcher, employed by Lewis White, 125, Harrow Road. On February 3, about 9.30 a.m., I bought eight ox tongues from Mr. Frankel, 1, The Shambles, Aldgate. I did not pay for them. I took them to Mr. Frankel's other shop, 58, High Street, and left them till I returned at 11.30.
Cross-examined. I know prisoner by sight. I knew he was once in partnership with Frankel.
REBECCA LIST , cigarette maker, 58, Aldgate High Street. We have a stall outside Frankel's shop. I remember being in Frankel's shop about 9.30 on February 3 when prisoner came in and asked for eight tongues for Lew White. My sister was in the shop and gave him the tongues.
Cross-examined. Prisoner was carrying a sack under his arm. Prisoner was a stranger to me till that morning. I was making cigarettes. I identified prisoner from about fifteen men.
JESSIE LIST . I saw prisoner about 11 a.m. on February 3 at 58, Aldgate High Street. He had a sack with him. He asked me for eight tongues for Lew White. After asking my father, who was upstairs, I gave them to him. He put them in the sack. I have no doubt prisoner is the man.
Cross-examined. I know it was 11 a.m. when he came in because my father goes to breakfast at that time. My sister was in the shop at the time making cigarettes. I gave a description to the police. He had an overcoat and cap. I had never seen him before. I do not know a Mr. Barrett. I have never sold him cigarettes. I do not remember prisoner working four doors away eighteen months ago. I have been selling cigarettes there five years.
LOUIS FRANKEL , butcher, 58, Aldgate High Street. My trade is finished at No. 1, The Shambles, at 7 a.m. and at 58, High Street at 8 or 8.30 a.m. I do not carry on a tobacco business. I sold eight ox tongues to Lew White's man. He took them away.
Cross-examined. I have known prisoner fourteen or fifteen years. He has always had the character of an honest man. I was surprised when I heard of this charge.
Detective-constable ALBERT VOSS , City Police. On February 8, about 11.55 a.m., I saw prisoner in White Horse Lane, E. I told him I was a police officer and that he answered the description of a man suspected of stealing eight ox tongues from 58, Aldgate High Street. He said, "All right; I know Frankel has a grudge against me." I took him to the police station, where he was put up for identification and subsequently picked out by Rebecca and Jessie List. When charged he made no reply.
HYMAN LEWIS (prisoner, on oath). I live at 27, Skidmore Street, E. I have been a butcher twenty-seven years. I buy meat in the market and sell it. I get up every morning at 3 a.m. On February 3 I got up at 3 and went to Smithfield Market and bought meat. I sold it between 7 and 7.30 to my customers. I was with Mr. Cohen at Wansey Street, Elephant and Castle, about 9.15 or 9.30 and left him about 9.45. I then went to White Horse Lane by 'bus, had breakfast, left about 10.30 and went to the barber's in James Street. I was there about three-quarters of an hour. Eighteen months ago I was working at a shop three doors off No. 58, High Street, Aldgate. I used to buy tobacco from Miss List. On the evening of February 3 I was with a young fellow we call Lew. I bought a packet of Woodbines from the two girls. I asked them how they were getting on. I did not have the ox tongues. I have never had a charge brought against me.
Cross-examined. Police-constable Voss told me he had received information that I was the man that had stolen the ox tongues. I said, "If Mr. Frankel says so the man must have a grudge against me." I do not know why he should have a grudge against me.
ISAAC COHEN , 10, Wansey Street, S.E. I am a job buyer. Prisoner has been in the habit of coming to me for years with meat. On February 3 he came about 9.30 a.m. I have always known him as an honest man.
EMANUEL BARRETT , manufacturing furrier, Brick Lane, E. I met prisoner in High Street, Aldgate, on February 3 about 6 or 6.30 p.m. We spoke for a few minutes; then we went to the tobacco shop just opposite Aldgate Station. We both purchased some cigarettes. After I bought mine I said to prisoner, "Good night, Lewis," and left him speaking to the girls. I thought he knew them well.
Verdict, Not guilty.
PROCTOR, Robert Newport (40, art expert), pleaded guilty of being entrusted with certain property, to wit, a valuable security for payment of the sum of £399 17s. for a certain purpose, and having received the same property for and on account of a certain other person unlawfully did fraudulently convert the same and the proceeds and parts thereof to his own use and benefit.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. F. Stewart Modera defended.
Two previous convictions were proved.
Sentence: Eighteen months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 13.)
Mr. Graham-Campbell prosecuted; Mr. G. St. Macdonald defended Waller; Mr. F. A. Broxholm defended Ball.
Verdict, Not Guilty.
WRIGHT, William (26, labourer), and SHUTTLEWORTH, John (23, coster) , both attempting to break and enter the dwelling-house of Frances Mary Featherstonhaugh with intent to steal therein; Wright feloniously wounding and causing grievous bodily harm to John Howard with intent to prevent the lawful apprehension of himself; Wright assaulting John Howard, a peace officer, in the execution of his duty, assaulting him and thereby occasioning actual bodily harm to him and common assault upon him.
Mr. Whiteley prosecuted.
FRANCES MARY FEATHERSTONHAUGH , widow, 90, Queen's Road, Dalston. I left my house at 5.30 on the evening of February 20 last; I returned at 9.15, when I found that an attempt had been made to force open the door. The lock was very much damaged. The window
had been broken open, the latch broken off, and the thumbscrew between the two sashes broken.
Police-constable JOHN HOWARD , 63 J. At 7.50 p.m. on February 20 Police-constable Groom and I were in Queen's Road, Dalston. I saw Shuttleworth standing on the kerb outside No. 92; I saw Wright leave the front garden of No. 90. He went and spoke to Shuttleworth, walked a few yards towards the Canal bridge, returned, and joined Shuttleworth, and then both crossed the road and stood outside the "Middleton" public-house. Wright then went and stood against the wall of Queen's Road School in the dark. Shuttleworth walked towards Queen's Road Bridge. Leaving Groom to keep observation, I followed Shuttleworth to the bridge, where I stopped him. I told him I was a police-officer and said, "Can you give me a satisfactory explanation why you are loitering about in this road?" He replied, "I am waiting for my pal, who works for Pickford's; he is coming through here with a horse and van." I said, "You have just left your pal; you come with me and I will show you him." We both walked back to No. 90, where Wright crossed the road to us. I said to Shuttleworth, "Here is your pal." Then I told Wright I was a police-officer and whistled for Groom. Wright stepped back into the road and drew a piece of iron from his trousers pocket and hit me a blow on the head. It was a piece of iron like the one produced. There is a cut right through the top of the cap I was wearing. I staggered towards Wright and he dealt me another blow on the head which felled me to the ground. The next I can remember is being laid on the footway.
ARTHUR HAMILTON , Lower Edmonton. I was in Queen's Road, Dalston, about 8.30 p.m. on February 20 when I heard a police whistle. I saw a man running and I gave chase. He turned down Albion Road and I saw him throw his hand up. I stopped him further on as he turned a corner, and held him till Groom came up. The man I caught was Wright.
Cross-examined: I never lost sight of him.
Police-constable RAYMOND GROOM , 349 J. I saw Howard fall and I gave chase and blew my whistle. Wright was stopped by the last witness and another gentleman, and when I took him into custody he said, "I did not hit him, but I will tell you who did when I get to the police court.
Cross-examined: I got to the corner a little too late to see who hit Howard. After Wright had been taken to the police station I went to No. 90, Queen's Road, and found that the door and window had been tampered with.
Police-constable WILLIAM EAGLES , 340 J. On the morning of February 21 I found the jemmy (produced) in the garden at the rear of 74, Queen's Road, which adjoins Albion Road. It could quite easily have been thrown there by a person running along Albion Road.
Detective-inspector ERNEST HAIGH , J. On the night of February 20 I examined the premises at 90, Queen's Road, and next day I found that the jemmy fitted the marks that had been made in attempting to break into the house. After I had examined the marks on the first occasion I went back to the station and said to Wright, "I find an attempt has been made to break into No. 90, Queen's Road, the garden of which you were seen to leave, and I shall charge you with that offence. The police-constable alleges that you afterwards struck him with a jemmy and I shall charge you with malicious wounding." He said, "I deny both cases." Almost immediately he said, "I want to speak to you." I cautioned him. Then he said, "Will you let my wife know where I am; she is staying at 27, Holly Bush Gardens, Bethnal Green; if you will do your best for me I can find you a good job; I did not hit the constable; the man I was with hit him; he was the one who was in the garden; I have only known him about a week; he asked me to go out screwing with him as a look-out, and I have been out for two or three days; I know that is almost as bad, but I am out of work and nearly starving; the other fellow they call Jack, and I believes he lives in a common lodging-house at Bow."
Detective FREDERICK COBDY , J. On February 22, in company with another detective, I arrested Shuttleworth. I said to him, "We are police officers and we are going to arrest you for being concerned with Bill Wright, who is now on remand, for attempted housebreaking and wounding police on Thursday night." He said, "I know nothing about it." On the way to the station he said, "I am the one that the policeman caught down against the canal, but I did not hit the policeman; he knows that. I have never done such a thing."
WILLIAM WRIGHT (prisoner, on oath). On February 20 I was coming round Queen's Road, Dalston, with my friend, and I went into a urinal. When I came out my friend had gone. I waited about there for 20 minutes or half an hour and he came back with another man whom I afterwards found was a policeman. I heard him say he was a police officer, and with that I ran. I know nothing else about the affair. I was stopped by two young fellows. When Groom came up he said, "Come on; if you have hurt my mate I will kick your guts in when I get to the police station." I said, "I have not hurt your mate." He said, "We will see when we get up there," and I got one in the ear-hole; I also got a few more as we went along. We saw a big crowd round a man and he gave me another one, and said, "Come on."
Cross-examined: The reason I ran was that we were up to no good. I told the police officer we were after nicking something from the shop front there which would fetch a shilling or eighteen pence. The officers say they saw me come out of No. 90; they must say something after they find that something has been done.
Verdict, Wright, Guilty; Shuttleworth, Not guilty. The indictment of Wright for assault upon Howard was not proceeded with.
Detective-inspector HAIGH proved several previous convictions, and said that Wright's record was one of continuous violence towards private persons and police. He had used the expression that he hoped he would be hanged for killing a policeman.
Sentence: Eighteen months' hard labour on each count, to run concurrently.
LAMBERT, Leonard (43, agent), JONES, Sidney (27, no occupation), and JORDAN, Harry (36, salesman) , all conspiring together and with others unknown to defraud René Henry Klein and another, Robert Eames, and Herbert Wyndham Striede.
Mr. Huntly Jenkins and Mr. Purchase prosecuted; Mr. Fox-Davies defended Lambert.
WILLIAM JAMES LARK , 4, Tenter Street, E. I am the owner of 19, Earl Street, Finsbury. By a memorandum of agreement, dated November 4 last, I let the premises on a yearly agreement to Lambert in the name of Sidney Nicholls. Possession was taken either on November 9 or 10. I have seen Jones on the premises. I found the premises closed on December 23.
Cross-examined. There was no more rent payable till December 25.
RENE HENRY KLEIN , of Bloch and Klein, importers, 28, Tooley Street. I knew Lambert as a cashier some five or six years ago. About a fortnight before Christmas he called on me with a card, and he said he had started an Association of Smallholders and Dairy Farmers and he was instructed to sell their produce in London. He said that from time to time he would require goods which the smallholders did not supply and asked me if I was willing to sell them to him. He also said they had been doing exceedingly well for the last two years. He wanted a number of turkeys for Christmas. I believed his statement that it was an established business and successful for the last two years. I quoted him prices and agreed to supply him with 462 turkeys, a small portion to be paid before delivery and the balance immediately after delivery. He said he would have the money in his desk or in his office. I did not get any payment with respect to those birds. I caused turkeys to the value of £190 7s. 1d. to be delivered to the firm on December 19 and 20. I received no cash on the 19th, and I went to the premises on the 20th and saw a man named Ross. He said he was the manager or the foreman and that Nicholls had gone to the West End to collect some money. I wrote a short note and asked Ross to give it to Nicholls. I did not get any cheque. I also saw Jones there. I went back again in the afternoon but did not see Nicholls. About 7.30 on the same day I received a telegram from Nicholls telling me to stop the delivery of the geese. All the goods I had agreed to send had been delivered with the exception of
one or two cases of geese. I went to the premises again and saw Ross and Jones. Ross said Nicholls had not been there all day. I made a communication to the police and went back there with Sergeant Pullé. I saw Jones on the 21st, and asked him if he could find Nicholls. He said he thought he could, as he knew that a brother of his lived in Shepherd's Bush, or something like that. He then told me that he was looking out for him himself as Nicholls owed him some money; he had put some money into the concern. He wanted to make me understand that he was really the capitalist in the concern. He said he had an independent income of his own and did not need to be in the business at all. A man named Bell came in later in the day and Jones told me "He is a man, like yourself, coming to get some money from Nicholls." I went into the street with Bell and asked him if it was true. He replied, "Oh, no; I came here to pay some money." In consequence of what he told me I went with him to Smithfield Market and there identified a number of my turkeys, which I took possession of. They were worth about £15. The turkeys were on a van and Jordan was in charge of it, but he gave me the name of Collins, in the employ of a carman named Beasley. Bell there said he would have nothing to do with goods that had been stolen. There were three hampers on the van, two containing turkeys, one containing all the books and papers of the firm and also a typewriter. I afterwards went back to the premises and found them closed and everything removed. On December 26 I received a letter from Nicholls throwing the blame on Ross or Gordon.
Cross-examined. The first transaction with Lambert was, I believe, that my partner sold him a case of geese and he paid for them by cheque. That was a small transaction. I believe there was another small transaction. He certainly gave me a definite order for the turkeys and the contract would fix the date, which I do not know off-hand. The order was given verbally by Nicholls, and he told us he would let us have a cheque on account. The reason I sent the turkeys before I received the money was that I trusted him. There were three telephone messages (before I received the telegram) asking us when we were going to deliver the geese, but I could not say who spoke. The only time I saw Jordan was when he was in charge of a van.
ROBERT EAMES , butcher, Market Street, Watchet. On November 9 I received a letter from the Smallholders' and Dairy Farmers' Produce Association, signed "S. Nicholls, Secretary," stating that they had been given my name as a large producer of poultry, eggs, and farm produce and offering to enter into contracts for the purchase of potatoes, live hens, and turkeys. I replied that I could supply poultry each week. They replied to that by sending a list of the prices they were prepared to pay. I wrote saying I could supply 20 head of poultry at 3s. a head, and on November 20 I received a letter and a cheque for £3. I received several letters asking me to send to them. On December 4 they wrote expressing surprise at my request for a cheque for £3 in advance and stating that when they sent their first cheque with order the arrangement was made for a weekly supply with cheque on delivery.
They added: "We note you have got 30 chickens to be fatted for us for Christmas and we ask for more. As we wrote you previously, we will let you have cheque immediately these birds and the turkeys are ready to be sent off." On December 6 I received a letter enclosing cheque for birds which had arrived, and asking for a larger quantity next week. About December 15 I received a letter, which has been mislaid, but I replied that I could let them have 100 turkeys and chickens and would want a cheque for £50 on account. On December 18 I received a cheque for £30 on account, the accompanying letter stating that, with regard to the request for £50, it was only fair for them to see what quality of turkeys I was sending them. I believed that cheque to be genuine and that I was dealing with a firm who, according to the billheads, were "Established in 1911," and "And at Manchester." I despatched three hampers of chickens and turkeys of the value of £32 16s. 5 1/2 d. I sent the cheque to the bank the same morning and it was returned dishonoured on the following Monday. The cheque was signed by Henry Gordon and Sidney Nicholls. I received a letter from Lambert at 29, Brown Street, Bryanston Square, on December 26, disclaiming any responsibility for the irregular proceedings in connection with the Earl Street business, and stating that he occupied a position and had never drawn more than 30s. a week; and that the principal person concerned was H. Ross, who traded in the name of Gordon, and who resided at 6, Millman Street, Holborn, W.C., and who found the capital that was put into the business. He also said that he had been recently mostly occupied in the West End, but on Friday morning, owing to certain suspicious circumstances, he left the business at once and refused to have anything further to do with it.
Cross-examined. I was paid for these small transactions and I thought it was a genuine business. I did not go by what I saw on the billhead. It would have been as easy to write a cheque for £50 as for £30 if it was intended that it should not be met; and the result of the smaller cheque was that I sent just over £30 of goods.
HERBERT WYNDHAM STRIEDE , farmer, Brickwell Priory, Wallingdon, Oxon. Before December 11 I received a wire, and then on December 11 I received a letter confirming the wire from the Smallholders' and Dairy Farmers' Produce Association, and signed "S. Nicholls, Secretary." I am sorry to say I believed it came from a genuine firm. I believed that the firm was established in 1911. Some correspondence passed between us and the result was that I sent them samples of turkeys and fowls. I received a cheque on December 15 for birds supplied, but I did not pay it in at the time. When I did pay it in it was returned marked "Refer to drawer." On December 19 I sent them 91 turkeys, the receipt of which was acknowledged by telegram, but I received no cheque for them. The cheque ought to have been for £86 10s. 3d. I came to London on December 23 and found the place at Earl Street closed. I went with the police to 6, Millman Street, and there saw 12 turkeys, three of which had my labels on them.
Cross-examined. I did not pay in the cheque which I received on December 14 till I got back from London. I had confidence in the firm.
MARTIN BROWN , cashier to the London and Provincial Bank, Old Street. On November 13 last two men named Nicholls and Gordon came to the bank and opened an account with a cash payment of £25. The total amount that was paid in amounted to £178 0s. 2d. There is still a small balance of 9s. 3d. The last payment in was on December 18. During the time the account was open there would be, I think, about five cheques dishonoured. From memory I should say one of them was for £50 and one for £20.
(Friday, March 14.)
HENRY SHEPHERD , carman to James Stoddart. On December 19 I delivered at 19, Earl Street, Finsbury, 20 cases of turkeys, received from the Tilbury Railway Company on account of Bloch and Klein, and obtained a receipt from Nicholls. On December 20 I took two further cases and got a receipt from Collins (indicating Jordan).
JAMES SPARKS , carman to James Stoddart. On December 19 I delivered at 19, Earl Street, Finsbury, 24 cases of poultry, obtained from the Tilbury Railway Company, on account of Bloch and Klein. I did not see who signed for them, but I saw Lambert there and Jones handed me the receipt.
HENRY NOBLE POTTS , basket-maker, 172, Waterloo Road. About November 15 last a man, who is not in the dock, called and left a card from the Smallholders' and Dairy Farmers' Produce Association. On November 23 I received a letter from that Association signed "S. Nicholls, Secretary," asking me to supply 24 hampers on hire. I delivered them. On November 28 I received a cheque for £2 2s. in settlement of the account. I supplied another 24 hampers and was paid for them when they called for more. Nicholls called on me and brought me a post-dated cheque because I would not let any more hampers go until I had had a cheque. He ordered some more hampers to be sent off by rail. As I did not send them off quickly enough Jordan called on me and undertook to label them and send them off from my place to the different people. The whole of the hampers that went were worth about £30. They have not been returned to me, although I got a few of them this morning.
Cross-examined. It was merely a question of hiring. The post-dated cheque was met when it was presented. I was not paid for the last lot.
Detective-inspector HAROLD SMITH , Manchester. I have made careful inquiries at likely places in Manchester and I have been unable to find any such place as the Association of Smallholders' and Dairy Farmers' Produce Association.
Police-constable JOHN FRASER . On December 21 I saw goods being removed from 19, Earl Street, and I spoke to the driver, who said he was Ernest Knight, of 5, Queensbury Street, Holloway. He said he was moving the goods on behalf of the Islington Furnishing Company. Jordan, who was present, gave me the name of Collins, 53, Marchmont Street, Gray's Inn Road. Jones gave the name of Samuel Jones, 6, Deynesford Road, Camberwell Green, and he said that he was a clerk. After the goods were removed Jones locked up the premises and put the keys in his pocket.
Sergeant JAMES PULLE . I visited 19, Earl Street, on December 20 with Mr. Klein, who pointed out to me a man named Harry Ross. I saw Jones there. Ross said, "This looks bad for me. I have had an idea that Nicholls was wrong and feel satisfied now that he was wrong." I then said to Ross, "How long have you been here, Harry?" He said, "I started here with Nicholls and the clerk last month." Jones told me he was the clerk. I kept observation on the premises and at 9.30 I saw Jones secure the premises and go away along with Ross. On the next evening I saw the furniture being removed. Jones said, "Harry told me who you were. Come and have a drink." I said, "No thanks; it appears very strange to me that you should be removing the office furniture on a Saturday night. Has Mr. Nicholls instructed you to do this?" Jones said, "No; me and Harry have more right to the furniture than Nicholls has. When Harry and Nicholls and me started here in November Nicholls had no money. I put £35 into the business and Harry got the furniture on hire from the Islington Furnishing Company." I then said, "Mr. Klein delivered a large stock of turkeys here on the 19th and 20th. Now you have nothing on your premises." He replied, "Yes, we know what to do with the stuff when it gets here." I said, "Have you any books?" He said, "There ought to be some, but I suppose that artful devil, Nicholls, has put them somewhere." All there was on the premises was in the basement, some sacks of rotting potatoes. After the first hearing at the police court Jordan told me he had removed some books to Colonnade Mews, Russell Square, and I now produce the books and the typewriter I found there. There is no entry of the consignments of goods from Klein or Striede or the last consignment from Eames. Most of the entries are in Lambert's handwriting, and he told me that was so. I saw Lambert on December 27 at Old Street Police Station, and I said to him, "Are you Nicholls, of the Small-holders' and Dairy Farmers' Produce Association?" He said, "That is right; I was the secretary." I then said, "I hold a warrant for your arrest." He replied, "Very good." I read the warrant to him. He then said, "I am not responsible in any way. I had no hand in the business at that time, nor when Klein's goods arrived.
Ross is absolutely the responsible person for all moneys received and for all payments made out." On December 28 Lambert asked to speak to me, and said, "I have written a letter setting out my connection with the Smallholders' and Dairy Farmers' Produce Association. You will find it in my bedroom at 29, Brown Street, Bryanston Square." I went there and found the letter in an envelope, addressed to his landlord, Mr. Newsham.
Cross-examined. The books appeared to have been properly kept up to December 14, and I think there is one entry about December 16. When I saw Lambert at the police station he had gone there to give information. Lambert had taken temporary premises, a fruiterer's place, at 102, Crawford Street, W. I understand the agreement has not been signed yet. The name of the Smallholders' and Dairy Farmers' Association had not been put up, but I understood Mr. Newsham had potatoes and other vegetables in quantities from him. Jones told me where the furniture was going to and I saw it go there.
LEONARD LAMBERT (prisoner, on oath). In 1911 I was carrying on a similar business at 22, Seymour Place, Bryanston Square; it was a Dairy Farmers' and Smallholders' Produce Association. That business was suspended and in October last I was looking out for some one who had capital, as I had no capital. I was introduced to a man named Henry Gordon, and finally I arranged to start business with him. I was trying to start and build up an honest business. For that business I was using the name of S. Nicholls. I was to be paid 30s. a week and a bonus at Christmas. I was paid 30s. a week except the last week, and it is all properly entered in the books. I made most of the entries in the books. Gordon found the capital, £110 altogether. He produced it as it was required. No one else found any capital. We opened a banking account and Gordon and I were to sign the cheques. My duties were to organise the business generally, as I had the customers, and do the secretarial work. Gordon (otherwise Ross) assisted as much as he could and sometimes did some of the correspondence. Any money that came in I immediately handed over to him. The business was perfectly genuine, and the whole of the transactions until the last day I was there are to be found in the books. We did not purchase at one price and sell at a less price. As to the cheques for £50 and £30 which were dishonoured, money was handed to Gordon with which to meet them. Gordon got the bulk of the orders for the turkeys, and I believe they were genuine orders from genuine tradespeople. In consequence, I had to make arrangements to supply them. I do not dispute the letters that have been put in. I had two or three small transactions with Bloch and Klein, and then came this big inquiry for turkeys. I told Klein approximately the amount of Gordon's orders and that he could have a cheque some few days before they were delivered and the balance as he liked. With regard to where the money was to be got, we had plenty of stuff in the place to sell to meet it, and
the orders which Gordon had secured were for cash on delivery, and they were to be delivered on the same day they reached us. Before the business had been going on long, Ross got sick of it; he did not like the detail work. He wanted to have his money out. I expected that we should make £130 or £140 profit at Christmas, and I told him he could have his money back with a reasonable interest on it. I had someone to come in and finance the business and take his place. I was willing to be responsible for any deficiency because I knew the business was good. The man who was coming in was Mr. Newsham. I have been doing a considerable trade in potatoes and other vegetables in the West End, principally with Mr. Newsham and his clients. I had arranged to fit up 100, Crawford Street, Bryanston Square, as a head office, and Mr. Newsham was paying for its being fitted up. I did the business that was being done there; I bought produce and Mr. Newsham sold it. From December 14 I was mostly occupied at Crawford Street and that was the reason I made no entries in the books after that date. Gordon had full instructions to make entries in the books and had nothing to do with the job at Crawford Street. I was at Earl Street on the 19th when part of Bloch and Klein's goods came along, and I signed for them. Later on that night I asked Gordon if he had paid certain money into the bank to meet cheques that had been drawn, and he replied, "No, I have not paid them in and am not going to." I said, "I repudiate any responsibility; the whole responsibility rests with you on that; I shall have nothing whatever to do with these premises. I went in next morning to collect a small hamper, and I never went near the place again. I have received from this business nothing more than the 30s. per week. Before I left Gordon on the 19th I threatened him with communicating with all the senders. He said, "Don't do anything till to-morrow. Why I waited was because I could not see that I was warranted in taking any steps; he had not absconded from the premises; he had got the money; and he was assuming the responsibility there. I hoped that my threat would cause him to pay the money into the bank. On the 20th I was engaged all day with Mr. Newsham. In the evening he advised me to go to Earl Street, as possibly there were some goods which had not been delivered and that I might stop delivery. I did not go in, but I overheard Bloch and Klein's geese had not been delivered. I immediately went to Liverpool Street Telegraph Office and telegraphed to Klein's to stop the delivery. I also telegraphed to Miss Burrows, of Sudbury. I could not remember any more at the moment. I went to Mr. Spink, whose cheque I had handed over to Gordon, and got him to stop payment. I also saw another client and asked him not to pay. On Mr. Newsham's advice I went to Detective Hadlow, of Golden Street Police Station, and gave him the whole history of the matter. On his advice I went to the police station at Old Street for the purpose of taking out a warrant, and I was arrested.
Cross-examined. The reason I asked him that I might also sign the cheques that I thought it would be some check on seeing the people were paid properly. I thought it would be advantageous. I did not
suspect Gordon then. Whether the profits were great or small I was to have a £10 bonus at Christmas. I wrote to Bloch and Klein that Gordon had ruined the business it had taken me 16 months to build up. I had been working at Seymour Place and some part of the connection was mine. I agree I also wrote "he has ruined me." I know I was only getting 30s. a week and a bonus, but I had already arranged he should go out at Christmas and I was going to be on much better terms. When I wrote that letters and went to the City Police I did no do so because I thought things were getting too warm. It is not within my knowledge that Jones put £35 into the business. The explanation of the words "and at Manchester" is that a brother of Gordon, who lives at Manchester, said there were a lot of smallholders in Cheshire whom he knew would like to send their stuff up and that he could book a lot of orders for turkeys for Christmas.
HENRY NEWSHAM , greengrocer, 29, Brown Street, Bryanston Square. I have been in business at this place for about 15 years. Lambert had been doing business with me; he had bought vegetables from smallholders and you remitted the money. I introduced Lambert to the place at Crawford Street and paid for the fitting up. An agreement was to be signed at the New Year for one year. On December 19 Lambert came into my shop and said, "Good God, Mr. Newsham, what shall I do? Gordon has just told me he is not going to pay out anybody." I advised him to go to Detective Hadlow.
Cross-examined. I understood that whatever happened at the Earl Street business he was going to start at Crawford Street, and I had given him a start. I received some vegetables at Crawford Street so that it should not fall into Gordon's hands. That was a day or two before Christmas. I knew nothing about the Earl Street premises being shut up. I had known Lambert when he was in business in Seymour Place.
Detective HADLOW , D. Lambert saw me on December 20. He told me he had been in partnership with two men in a poultry shop in Finsbury Pavement, and he thought they were genuine partners and he had since ascertained they were not. He said they were having large consignments of turkeys from the country, and he wanted to go straight and have nothing more to do with them. I advised him to go to Old Street Police Station and inform the detectives there. He said he would do so, and I understand he did so.
ALFRED BARNETT , Inspector, G Division. At 12.20 p.m. on December 27 prisoner came into the Old Street Police Station and said, "I wish to give information about a fraud which has been committed at Earl Street. The principal has absconded with all the money. He went on the Friday before Christmas. He sold everything and disappeared. I am the secretary." I saw he answered the description of a man wanted, so I asked him if he had ever gone by the name of Nicholls. He replied "Yes." I told him I should detain him. He said, "I thought I should get a warrant out myself."
Sergeant PULLE, recalled, said that from his inquiries he found that Lambert did get a Mr. Spink to stop a cheque for £10.
Verdict, Lambert, Guilty; Jones and Jordan, Not guilty.
Two previous convictions were proved against Lambert.
Sentence (Lambert): Fifteen months' hard labour.
BEFORE THE RECORDER.
(Friday, March 14.)
MANES, James (63), and BAKER, Edward (22, servant), indicted for conspiring together to defraud Joseph Haynes, the British North American Tobacco Company of British Columbia, Limited, and the Standard Canadian Investments Company, Limited, and who had been admitted to bail at the police court, were called on their recognisances and did not surrender. Their recognisances were estreated.
Mr. Broderick prosecuted.
Detective GEORGE BEAL , City. On February 4 at 3.15 p.m. I saw Jones in Ropemaker Street. He then crossed the road and joined Evans, who was carrying a bale on his shoulder; he wore a warehouseman's apron. They walked on; Evans dropped the bale and Jones assisted him with it. They went into Eldon Street and on into Liverpool Street. I then said, "I am a police officer, what have you got here?" Evans said, "I do not know." Jones said, "We picked it up round the corner." I took them to Bishopsgate Police Station, where they were detained while I made inquiries. Before I got to Bishopsgate Police Station I called a uniformed constable to my assistance. Jones struggled and tried to get away; Evans went quietly. I made inquiries and found the bale was the property of Yates, Vialau and Company, of 34 and 35, Milton Street. Prisoners were then charged with stealing the bale; they made no reply.
ALFRED BEAUCHAMP VIALAU , director of Yates, Vialau and Company, 34 and 35, Milton Street, E.C., merchants. I do not know prisoners. I identify the bale (produced), containing five rolls of sateen, which were wrapped in a canvas covering bearing our identification mark. The bale was on February 4 delivered to us by the London and North-Western Railway Company and was put in the passage on the ground floor of the warehouse, 12 ft. away from the entrance doors, whence it must have been taken away shortly after delivery. The value of it is £11 12s. 10d. I saw the bale between 11 and 12 a.m.; it is No. 384.
Verdict (both), Guilty.
Evans confessed to having been convicted at Middlesex Sessions on August 4, 1902, in the name of Harry Jarvis, receiving four years' penal servitude, for larceny from the person, after three previous convictions;
five subsequent convictions were proved. Jones confessed having been convicted at London Sessions on November 24, 1908, in the name of Arthur Wright, receiving three years' penal servitude, for warehouse breaking; numerous other convictions for larceny, coining, etc., were proved.
Sentence: Evans, Three years' penal servitude; Jones, Four years' penal servitude.
BEFORE JUDGE RENTOUL.
(Monday, March 17.)
WILSON, William (59, coal merchant), KENSETT, John Edward (40, traveller), GODDARD, Albert William (39, carman), NICHOLLS, Charles (30, greengrocer), HARRIS (27, fishmonger), and KNAPP, John (39, bricklayer), all breaking and entering the dwelling-house of Amy Davis and stealing therein two bicycles, one tea service, and other articles, her goods, and feloniously receiving the same; Kensett, Goddard, Harris, and Wilson stealing eight cricket balls, 10 tennis rackets, and other articles, the goods of David Howell, and feloniously receiving the same; Kensett, Goddard, Harris, and Wilson stealing nine cricket bats and other articles, the goods of Mann, Crossman, and Paulin, Limited, and feloniously receiving the same; Kensett, Goddard, Harris, Nicholls, and Wilson breaking and entering the dwelling-house of Albert Edwin Darlison, and stealing therein a roll of cloth and other articles, his goods, and feloniously receiving the same; Kensett, Goddard, Harris, Nicholls, and Wilson breaking and entering the dwelling-house of Amy Davis and stealing therein a quantity of clothing and other articles, her goods, and feloniously receiving the same.
Kensett and Harris pleaded guilty of all offences except that of breaking and entering the house of Darlison; they pleaded guilty of larceny only of goods of Darlison. Goddard pleaded guilty of all offences; Nicholls pleaded guilty of larceny, goods of Darlison; not guilty of housebreaking (Davis's case).
Wilson, Nicholls, and Knapp were tried upon the indictment for housebreaking (Davis's case).
Mr. Purcell prosecuted; Mr. Roome defended Wilson.
AMY DAVIS , 10, The Avenue, Chingford. On December 31 I left my house perfectly secure and on January 11, in consequence of a telegram I received, I returned home and found the house in charge of the police. I noticed that the door of the breakfast-room, which opened into the garden, had been forced off and all the doors, with the exception of the dining-room door, had been forced; the rooms were all in disorder. I missed a quantity of things. All the silver articles (produced) are mine. The value of the things stolen is roughly about £118.
Cross-examined by Mr. Roome. I lost a great many more things besides the things produced. The total value of the things stolen is about £100. The things produced here are not worth £100; they are not silver, they are plated. I have had them some time. I was insured against burglary. I have never had the things valued.
WILLIAM FREDERICK MASON , rent collector. On January 10 I went to Mrs. Davis's house and I found the back casement door was broken open. I went into the house and found the place in disorder. I informed the police, and Police-constable Juniper saw me put a new bolt on the door and securely fasten it. I went there again the next morning and found the back scullery door had been forced. It had not been forced before. I went inside the house and I missed the two bicycles, which were there before. The casement door, which I had secured with the new lock, had been broken and the rooms were in greater disorder than before.
Police-constable JOHN JUNIPER , 744 N. On January 10 I was on duty in The Avenue; knowing Mrs. Davis was away I tried the front door of No. 10, and then went round to the back door. I found the French doors broken open and I went in and found the rooms in confusion. In the scullery I found two jemmies and I saw two bicycles there. Mr. Mason came and we left the place again secured. At nine o'clock the next morning I went to the house again and found it had been broken open again. I made a search and the two bicycles were missing.
Divisional-detective-inspector ARTHUR TRITTON . On January 23 at 7.30 p.m. I was with Detectives Scholes, Walters, and Ford in Green Lanes, Tottenham. Prisoner Wilson came out of the "Wallington" public-house, and was about to get on a tram. I stopped him and told him I was a police-inspector and was going to arrest him for stealing and receiving a quantity of plated goods, china, and bicycles and a dinner service, stolen at Chingford. He said, "You can come to my house and see what I have got." I went to his house, 16, Carlingford Road. I said to him, "Five men are in custody, and you are said to have bought the goods I mentioned from them." He said, "The things you mention were brought to me about a fortnight ago by a man named Kensett, who I had been introduced to, I do not know by whom. I think he was an auctioneer's porter; I gave him £8 10s. altogether for them; I still have the things; I gave him the money in this house; he said he had been valuing and this was the overplus; Kensett brought them on a cart; there were two men with them; I gave him £7 10s. for the china and bicycles, not £8 10s." We searched Wilson's premises. I found the dinner service and the dessert service in boxes in a front room on the ground floor and also the two bicycles. It was an unfurnished room, just used as a store-room. Some of the things were set out on a sideboard in prisoner's drawing-room. I pointed out to prisoner that these articles were the subject of the charge on which I had arrested him, and he said, "The first lot Kensett brought
to me." Inspector Scholes found a roll of black cloth that was in the front room with the other things. Prisoner went on to say, "Last Saturday night about half-past seven Kensett called here with a parcel of black cloth; he asked me to lend him £1 on it, and I gave him a sovereign." Scholes then said, "That answers the description of some cloth stolen with other things at Wood Green on Saturday." On the way to the station Wilson said, "There was a soup tureen with something in letters on it; I sent it to have them taken out." On January 24 I saw prisoners Kensett, Cooper, Nicholls, Harris, and Knapp at the police station and told them they would be charged with housebreaking at Chingford. Nicholls said, "That is quite true. I only went once; we brought the bicycles and boxes away in my cart." Knapp said, "I only went the second time; I helped to load the things in Nicholls's cart; there was some silver, a lot of china, some clothes, and two bicycles."
To Mr. Roome. I do not know that Wilson is in the second-hand trade, and I saw no evidence of it at his premises. It is a private house with a yard adjoining and a stable. I know he keeps a horse and trolley and employs a man to sell coal. When we went to Wilson's house he gave us every assistance in searching his house. He subsequently said he was introduced to Kensett by Mr. Briggs, the manager of the "Wallington" public-house.
Detective-sergeant JOHN TUCKER . On January 24 I went to 16, Carlingford Road, and I received from Wilson's wife the powder-box and two cut-glass scent bottles; they were afterwards shown to and identified by Mrs. Davis. I went to the house on the 27th and his wife gave me the soup tureen (produced).
Detective JAMES FORD . I was with Inspector Tritton and Scholes keeping watch on the "Wallington" public-house on January 23 and accompanied them to 16, Carlingford Road. On January 27 I went to 13, Ashford Road, where Kensett lives, and found the paper bag (Exhibit 3), containing 1,950 foreign stamps, and in the kitchen I found the antimacassars. On January 30 I was in the solicitors' room at the rear of Tottenham Petty Sessions Court and prisoner Wilson handed me an envelope containing 50,000 foreign stamps. He said, "You had better take these; I bought them off Kensett."
LEONARD HALL , groundsman, Bruce Grove ground, White Hart Lane. On December 17 I left the seven pavilions secured, and on going there next morning six of the seven pavilions had been broken into. I missed four bats, six stumps, and various other things, which I have since seen. I also missed ten bath towels, two rackets, and various other things, which I have not seen since. The total value of the things missed is about £13 10s.
Detective JAMES FORD, recalled. I accompanied the other officers to Wilson's house and found the things identified by last witness.
CHARLES ALFRED WHITELAW , steward and groundsman at Mann, Crossman, and Paulin's athletic ground, Blackhorse Lane. On January 17 I left the grounds and pavilion securely locked and the next morning I found that the door of the pavilion had been forced. I
missed six cricket bats, 13 batting gloves, and various other things, which I have since seen; I also missed three bats, a pair of cloth boots, and a number of other articles, the total value of which is about £10.
Detective-sergeant GEORGE WALTERS . I accompanied the other officers to Wilson's house. I heard Wilson say to Inspector Tritton, "You will find the bats upstairs and the other cricket things." I went upstairs into the back room and there found the things identified by Mr. Whitelaw.
ALBERT EDWARD DARLISON , ladies' mantle maker, 30, Stanford Avenue, Wood Green. At 5.45 on January 18 I left my house secured but unoccupied. I returned at about ten o'clock and found the front door open and the rooms in disorder. I missed a silver cigarette case, a silver cigar case, and various other things, to the value of about £30.
Detective ALFRED SCHOLES . I went with the other officers to the "Wallington" public-house on January 23. I heard Wilson say, "I will tell you the truth; I have bought some things off Kensett; he was introduced to me as a man who bought up things at sales." I went with him to 16, Carlingford Road, and there he produced this roll of cloth; he said, "Kensett and another man brought it last Friday or Saturday evening, but nothing else, and I gave him £1."
Verdict, Wilson, Guilty; Nicholls and Knapp, Not Guilty. The remaining indictments against Wilson and Nicholls were not proceeded with.
Kensett confessed to having been convicted, at this Court, on April 23, 1912, of housebreaking.
Sentences: Wilson, Twenty months' hard labour; Kensett, Twelve months' hard labour in respect of each offence, to run concurrently; Goddard and Harris (each). Four months' hard labour in respect of each offence, to run concurrently; Nicholls, Fourteen days' hard labour.
BEFORE THE RECORDER.
(Thursday, March 6.)
Surman confessed to having been convicted at Chelmsford, on April 5, 1911, of felony, receiving six months' hard labour, after previous convictions.
Sentences: Suddaby, Six months' hard labour; Surman, Twelve months' hard labour.
BEFORE THE RECORDER.
(Wednesday, March 5.)
STEVENSON, Ella, otherwise Ethel Slade (53) , unlawfully sending for transmission by post a postal packet containing a dangerous substance likely to injure other postal packets, and placing in a Post Office letter box a dangerous substance likely to injure the said letter box and contents.
Mr. Forster Boulton prosecuted.
EDWARD HUGH OVERINGTON , cleaner, Post Office, Richmond. I know prisoner; for some months past I have seen her standing outside the post office at Richmond selling suffrage papers. On February 22 at about 10.40 a.m. I was standing in the passage of the post office when I saw prisoner drop into the postbox attached to the front of the post office a package contained in a plain white envelope, about six inches long. I at once spoke to Police-constable Thompson, who then watched the letter box while I went into the post office and made a communication to a Mr. Winter, who came out and cleared the box. In the box were a few letters, on top of which was a packet (produced) which I identified as being the one posted by prisoner. A dark fluid was oozing from it.
Cross-examined by prisoner. I had heard a report that the Suffragettes were expected to be on the warpath; when I saw you, a wellknown Suffragette, I was naturally suspicious. I was seven yards from you when you posted this packet. You had a waterproof hanging over your left arm. If you had posted two letters their combined length would have been about the same as the packet you did post. I do not think anybody could have put the packet in the box while I was speaking to the police-constable.
Police-constable EDWARD THOMPSON , 413 V. On February 22 at about 10.40 a.m. at Richmond, Overington spoke to me and I stood outside the letter box while Overington went inside. No letter was posted until the box was opened by Winter.
To prisoner. I was not looking at the box when Overington spoke to me.
WILLIAM CHARLES GILBEY , assistant superintendent, Richmond Post Office. On February 22 at 10.45 Winter handed me packet, remains of which are produced. It contained two thin glass test-tubes about four inches long, from which was oozing a liquid which gave off suffocating fumes of phosphorus. I handed to it Gooding.
Detective-sergeant THOMAS COCK , V Division. For the last four or five months prisoner has been selling Suffragette papers in the streets off and on. On February 22 at about 2.40 p.m. I saw her outside the Richmond Post Office. I said to her, "Miss Stevenson, I believe?" She said "Yes." I said, "I am a police officer, and I must ask you to accompany me to the police station." She said, "Oh! What is the charge?" I said, "I am making no charge, I am only asking you to accompany me to the police station." She prepared to do so. Inspector Pride then came up.
Detective-inspector GEORGE PRIDE . On February 22 I saw prisoner with Detective Cock. I said to prisoner, "I am a detective-inspector." Prisoner said, "What is the charge?" I said, "I shall arrest you for placing inflammable matter in a letter box." She said, "I did post two letters there this morning." I conveyed her to the police station. She gave her name as "Ethel Slade," but refused to give her address.
Prisoner's statement before the Magistrate. "I admit that I did post two letters; I can give the names and addresses of those two letters if you wish. The only witness who says he saw me place something in the letter box was at such a distance he could not really clearly see what I was putting in; he admits my back was turned towards him."
ELLA STEVENSON (prisoner, not on oath). I do not deny that I am a Suffragette. I did not cast any aspersion upon the evidence given by Overington. On the occasion when Overington says I posted this packet I posted two letter-cards, one of which I produce. It has been given back to me by the person I sent it to. Those two letters may easily have been mistaken for the packet. I possibly used two hands in putting it in as I had a waterproof over my arm. I had my back to Overington.
LOUIS GOODING , recalled. (To the Judge.) Letter-card (produced by the prisoner) bears post-mark "11 a.m." It is addressed to "Miss E. Chashin, 23, Churchfield Road, Ealing West. According to the post-mark it must have been posted at Richmond between 9.46 and 11 a.m.
Prisoner was convicted in November, 1912, London Sessions, receiving four months' imprisonment, for wilful damage to plate-glass windows. She then adopted the "hunger strike," and was liberated after a fortnight's imprisonment.
Sentence: Nine months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 6.)
Mr. Spratling prosecuted.
Prisoner confessed to having been convicted, at Kingston, on January 4, 1910, of felony, and another conviction was proved.
Sentence: Four months' hard labour.
BEFORE MR. JUSTICE BANKES.
(Friday, March 7.)
Mr. Bodkin and Mr. Travers Humphreys prosecuted; Mr. A. M. Langden, K.C., and Mr. Muir defended.
Lieutenant-Colonel Sir DAVID PRAIN , C.I.E., M.B., F.R.S., Director of the Royal Gardens at Kew. Those Gardens, with the buildings therein, are the property of His Majesty the King; they are opened at hours which are regulated by His Majesty's Government.
Cross-examined. The garden gates are locked at night. The Gardens almost about on the towing-path. There are no railings on this side of the river, but a ha-ha ditch and a wall at the end of the lawn. On the other side there are railings six feet high; the fence is unclimbable there.
ANDREW ROBERT ARNETT , of His Majesty's Office of Works, said that the refreshment pavilion in the Gardens was maintained as to the exterior by his Office. He produced agreement, May 12, 1912, between the Commissioners of Works and Mrs. Strange and another lady, trading as refreshment contractors under the name of Yeddon and Sons, granting a licence of the refreshment pavilion in Kew Gardens for three years; the ladies were to insure the pavilion in £500.
WILLIAM BALCOMBE , night stoker at Kew Gardens. About 3.15 a.m. on February 20 I saw a flame of fire shoot up from the centre of the pavilion. I blew an alarm whistle and ran towards the building. I saw two forms running away in the direction of the Old Deer Park; I could not say their sex.
Police-constable GEORGE HILL , 248 L. In the early morning of February 20 I was on duty with Police-constable Ralph in Green Side, Richmond, about a mile from Kew Gardens. We saw the reflection of a fire, apparently in Kew Gardens. In Kew Road I saw prisoner with Miss Lenton (as I know now) running from the direction of the Gardens, across the Old Deer Park. Ralph and I went after them. They separated and went in different directions. I pursued Miss Lenton and arrested her; I picked up two bags which had been thrown away. On the way to the station I met Ralph, who had prisoner in custody. I saw prisoner place on the ground the electric lamp or torch (produced). On examining the bags I found that they contained a lump of tow, a saw, a hammer, and some paper smelling of paraffin. Later that day I examined the ground about the fence separating Old Deer Park from the Gardens; I found marks of small feet, I should say ladies' footprints.
Cross-examined. There were also marks large enough to be men's footprints. The ladies were running when I first saw them.
Police-constable NELSON RALPH , 745 V, corroborated last witness. When we got over the wall the two women threw down their bags, separated, and ran away in different directions. I ran after and caught up to prisoner. I said, "What are you doing here?" She said, "I am going over there," pointing to Stanmore Road, a turning out of the towing-path. I took her to the Station; on the way she said, "Don't hold me; I will go quiet."
Inspector THOMAS JACKSON . I went to the Gardens about 4.10 a.m. on the 20th. The pavilion was burnt down. I searched the ground within a radius of 40 yards and picked up the four cards (produced). (Mr. Langden submitted that the cards were not evidence unless they could be directly connected with prisoner. His lordship said he would admit the evidence if it was pressed. Mr. Bodkin decided not to press it.) At the station prisoner gave the name of Joyce Locke; the other woman that of Lillie Lenton. Lenton was remanded and became ill and did not reappear before the Justices. Prisoner refused to give her occupation or her address. I told them they would be charged with maliciously setting fire to the tea pavilion in Kew Gardens at about three that morning. Lenton said (this not objected to by Mr. Langdon), "We understand the charge; what happens next?" Prisoner said, "Yes, all right." After a remand, when the question of bail arose, prisoner gave her occupation as that of an art student and an address not near London.
SARAH HARBRIDGE , matron at Richmond Police Station. Upon searching prisoner about 6.20 a.m. on February 20, found on her the piece of rope and pair of scissors (produced). After she washed her hands I noticed that the water was very black and greasy.
Prisoner's statement before the Magistrates: "I reserve my statement for a higher court."
It was stated that prisoner had been twice convicted of breaking windows.
Mr. Justice Bankes asked if anything was known about prisoner's means.
Mr. Muir said her father was a medical man, living in the country but not practising.
Prisoner. It is no use imposing any fine upon me, because I shall not pay it.
Prisoner in the course of a long statement said she was sorry that Mrs. Strange and her partner had sustained loss, as she had no grudge against them. At the time she believed the pavilion was the property of the Crown, but she wanted to make the two ladies understand that they were at war, and in war even non-combatants had to suffer. They were careful to find out that there was no one in the place. Morally she was not guilty. She would not submit to punishment, but would "hunger strike."
Sentence: Eighteen months' imprisonment, second division; before her release to find two sureties in £100 each for her keeping the peace for two years now next ensuing, or to be further imprisoned for twelve months in the second division, or until such sureties be sooner found; and to pay the costs of her prosecution and conviction.
BEFORE THE COMMON SERJEANT.
(Friday, March 7.)
Mr. A. White prosecuted.
Prisoner confessed to having been convicted, at London Sessions, on September 24, 1907, of felony, and other convictions were proved.
Sentence: Three years' penal servitude.