Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 November 2014), October 1900 (t19001022).

Old Bailey Proceedings, 22nd October 1900.

CENTRAL CRIMINAL COURT

Sessions Paper.

NEWTON, MAYOR.

TWELFTH SESSION, HELD OCTOBER 22ND, 1900.

MINUTES OF EVIDENCE,

TAKE IN SHORT-HAND BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court,

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

THE POINTS OF LAW AND PRACTICE

REVISED AND EDITED BY

EDWARD T. E. BESLEY, ESQ., Q.C.,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:

STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,

Law Booksellers and publishers.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, October 22nd, 1900, and following days,

Before the Right Hon. Sir ALFRED JAMES NEWTON , Bart., Alderman,LORD MAYOR of the City of London; the Hon. Sir ARTHUR MOSELEY CHANNELL, one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON, Bart., M.P., LL.D., F.S.A.; and Sir WALTER WILKIN, K C.M.G., Aldermen of the said City; Sir FORREST FULTON, Q.C., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE, Knt.; SAMUEL GREEN , Esq.; Sir JOHN KNILL, Bart; THOMAS BOOR CROSBY, Esq., M.D.; and FREDERICK PRATT ALLISTON, Esq., other of the Aldermen of the said City; and FREDERICK ALBERT BOSANQUET, Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Goal Delivery, holden for the said City, and Judges of the Central Criminal Court.

WALTER VAUGHAN MORGAN, Esq., Alderman.

JOSEPH LAWRENCE , Esq.

Sheriffs.

JOSEPH DAVID LANGTON , Esq.

THOMAS HY. GARDINER, Esq.

✗Under-Sheriffs

CENTRAL CRIMINAL COURT.

NEWTON, MAYOR. TWELFTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, October 22nd, 1900.

Before Mr. Recorder.

618. CLARENCE HERBERT REID (16) and FREDERICK VINCENT PORRITT (14) PLEADED GUILTY to forging and uttering an order for payment of £76 13s. 4d.— Discharged on recognizances.

619. CHARLES JOHN EVENDIN (28) and HENRY JOHN BAZIN (27) to stealing a post letter containing two postal orders for 4s. each, the property of the Postmaster-General Evendin being employed under the Post Office. [Pleaded guilty. See original trial image.] EVENDIN also PLEADED GUILTY to stealing a post letter containing two postal orders for 10s. 6d., the property of the Postmaster-General, and JAMES DEVELIN to receiving the same, knowing them to have been stolen.— Eleven months each all in the second division.

620. JAMES REID (21) to forging an order for the payment of 5s., with intent to defraud, and ALEXANDER MUNROE (21) [Pleaded guilty. See original trial image.] to inciting Reid to commit the offence. MUNROE also PLEADED GUILTY to stealing a post letter containing a postal order for 5s., the property of the Postmaster-General, he being employed under the Post Office, and REID to receiving the same, knowing it to have been stolen. MUNROE— Nine months' hard labour. REID— Six months' hard labour.

621. MARY ANN GUNNER (24) , to forging and uttering an acquittance for the receipt of £3, knowing it to be forged.— [Pleaded guilty. See original trial image.] Six months' in the second division.

622. KATE TERO (37) , to forging and uttering a receipt for £40, also to forging an order for the payment of £2 4s. 10d.— [Pleaded guilty. See original trial image.] Judgment respited. And

(623) WILLIAM ROBERT HARRISON (20) , to stealing a letter containing orders for 5s. and 1s., also another letter containing orders for 2s. 6d. and 4s., the property of the Postmaster-General, he being employed under the Post Office.— [Pleaded guilty. See original trial image.] Ten months' hard labour.

624. EDWARD VINCENT (32) , Breaking and entering the dwelling house of Thomas Smith Heaton and stealing a pair of candlesticks, a pair of spectacles, and other articles, his property.

MR. CAMPBELL Prosecuted.

THOMAS SMITH HEATON . I live at Oakmount, Hermitage Lane, Child's Hill—on May 6th I went to b-d about 1.30 a.m—I saw that all

the doors were locked—next morning I came down about 9.15—my housekeeper had gone down about 20 minutes before I did—I found the doors of the three entertaining rooms wide open; also the front door, the door leading into the kitchen, the door leading into the scullery, and the back door; the kitchen window was half-open—some of the drawers in the room were open; the things were lying on the floor—I did not miss anything then, but I have now a list of the lost things—there were three overcoats, one morning coat, one blue jacket, two pairs of lace boots, a leather cigar-case, full of cigars, which was in the pocket of one of the overcoats, a quantity of electro-plate, six desert knives and forks, three fish knives and forks, a pair of candlesticks of a particular design, a silver fish slice and fork, a bottle of port, a bottle of brandy, and other things value at about £83—my house is semidetached—these two coats (Produced) ARTHUR WILLIAMS was again indicted for assaulting Mary Williams, and occasioning her actual bodily harm.

No evidence was offered.

NOT GUILTY .

631. JOHN CLEMENTS (41) , Carnally knowing Mary Ruth Gray, a girl under the age of 13 years.

MR. HUTTON Prosecuted.

GUILTY .— Three years' penal servitude.

NEW COURT.—Tuesday, October 23rd, 1900.

Before Mr. Recorder.

632. WILLIAM WARD (23) PLEADED GUILTY to obtaining money by false pretences from Charles Rook and Alfred Fairhead.— To enter into his own Recognizances in£100.

633. PETER ANDERSON GRAHAM, Publishing a false defamatory libel upon the Sanitary Inspector of England, in a book called "The Revival of English Agriculture."

MESSRS. C. MATHEWS and LEWIS THOMAS Prosecuted, and

MR. RUFUS ISAACS, Q.C., Defended.

On a public retractation and apology by the prisoner, the Prosecution offered no evidence.

NOT GUILTY .

THIRD COURT.—Tuesday, October 23rd, 1900.

Before Mr. Common Serjeant.

634. FREDERICK WESTWOOD (20) PLEADED GUILTY to embezzling £1 11s. 9d., the money of Messrs. Hall & Son, Limited, his masters, and to a conviction of felony at this Court in June, 1899, in the name of Charles Westwood.— Twelve months' hard labour.

635. HENRY ROBERTSON (19) to stealing a seal-skin jacket, the property of Van Opper and Co., Limited.— [Pleaded guilty. See original trial image.] Four months' hard labour.

636. JOHN BROOKS (24) to assaulting William Norrod, and occasioning him actual bodily harm. [Pleaded guilty. See original trial image.] Five convictions were proved against him.— Twelve months' hard labour.

637. WILLIAM PERRY (30) , robbery with another person unknown, on Michael Levy, and stealing part of a watch-chain, and to a conviction of felony at Clerkenwell in June, 1899, in the name of William Anderson. [Pleaded guilty. See original trial image.] Eight other convictions were proved against him.— Four years' penal servitude.

638. JOSEPH KELSEY (34) to obtaining from Samuel Lazarus Hickman and others six rings by false pretences, with intent to defraud; also to stealing eight buckles and other goods, the property of Michael Levy, his master; also to stealing four rings of his said master.— [Pleaded guilty. See original trial image.] Nine months' hard labour. And

(639) HENRY WALTER TWITCHETT (40) to stealing £111 17s. 9d., the property of Sir John Knill, Bart., and others, his masters, and to a conviction of felony at Lewes in January, 1892.— [Pleaded guilty. See original trial image.] Fifteen months' hard labour.

640. JOHN JONES (64) and JOHN WATSON (62) , Conspiring to steal £75, the moneys of John Robert Harrison. Other Counts:

MESSRS. OLIVER and COYLE Prosecuted, and MR. PURCELL Defended.

The prisoners stated that they were GUILTY, and the JURY found that verdict. —Six convictions were proved against JONES, and three against WATSON— Eighteen months' hard labour each.

641. THOMAS CLARKE and THOMAS DUFFETT (28) , Committing an act of gross indecency.

MR. WILKINSON Prosecuted, MR. C. MATHEWS appeared for Clarke, and

MR. HUTTON for Duffett.

NOT GUILTY .

OLD COURT.—Wednesday, October 24th, 1900.

Before Mr. Recorder.

642. WILLIAM COOK (68) PLEADED GUILTY to impersonating Augustus Wright, with intent to obtain £3 0s. 10d., his money; also to three indictments, for forging and uttering three receipts for £3 0s. 10d. each, with intent to defraud.— Twelve months' hard labour.

643. ROBERT MILNE McKAY (40) , to stealing a bicycle, the property of Mary Roberts; also a bicycle, the property of Catherine Jesson, as a bailee; also a bicycle, the property of Frederick William Binckes, as a bailee; also to obtaining from Edward Dawson 42s. by false pretences, with intent to defraud; also to forging and uttering a receipt for £12, with intent to defraud.— [Pleaded guilty. See original trial image.] Eighteen months' hard labour.

644. MARY OLLEY , to feloniously wounding James Olley, with intent to do him grievous bodily harm.— [Pleaded guilty. See original trial image.] Three days imprisonment. And

(645) ALBERT SPENCER (32) , to burglary in the dwelling-house of Thomas Edward Palmer, and stealing a coat and a pair of boots, having been convicted at this Court on September 8th, 1896.— [Pleaded guilty. See original trial image.] Twelve months hard labour.

646. JOSEPH GOODYEAR (33) and ERHNAGILLO PADRIZO (49) , Committing an act of gross indecency.

MR. MAHON Prosecuted, and MR. BURNIE Defended Padrizo.

NOT GUILTY .

NEW COURT.—Wednesday, October 24th, 1900.

Before Mr. Common Serjeant.

647. GEORGE WILKINSON (26) PLEADED GUILTY to burglary in the dwelling-house of Major Herbert Gordon, with intent to steal, having been convicted at Clerkenwell on December 6th, 1898. Nine other convictions were proved against him.— Five years' penal servitude.

648. HORACE FORBES (37) to stealing a cheque-book, the property of Bryan Lee Leesmith, having been convicted at Bow Street on December 15th, 1899. [Pleaded guilty. See original trial image.] The police stated that he was an associate of thieves.— Twelve months' hard labour. And

(649) HENRY WINDEBANK (25) to four indictments for forging and uttering four orders for lace and silk, with intent to defraud.— [Pleaded guilty. See original trial image.] Nine months' hard labour.

650. WALTER HOLDER (27) PLEADED GUILTY to stealing 36 drain interceptors and 12 pans and traps, the property of Walter Skaife, his master. (See p. 770)

651. THOS NEAL (40) PLEADED GUILTY to stealing 40 furnace pans, the goods of Walter Skaife, his master. (See p. 770.)

652. JOHN FULLER (31) and THOMAS WEBB (36) , stealing 21/2 tons of nails and 3 tons of iron of Donald Mc Arthur and others, the masters of Fuller. FULLER PLEADED GUILTY .

MR. KERSHAW Prosecuted.

JAMES HENRY RATCLIFF (City Detective). On September 20th I was watching the premises of McArthur, Nash and Co., iron merchants, of Shoe Lane—a man named Gibson drove up at 7.35 a.m., backed his van into the premises, and I saw three men loading it; Fuller was one—having been loaded, Gibson drove away—I first saw Webb at the Red House, Commercial Road—he stayed there a quarter of an hour, and then went away, and Gibson took the van to Limehouse—Webb met him at Gill Street, and the van went down West India Dock Road—Webb came there and went away, and came back two or three times—he got up on the van with the carman, and went to Burdett Road—Webb got off at Paul's Road, and the van went on to Bow and Bromley, and stopped at 172, Plaistow Road, Mr. Suffield's shop—it was stopped by a Man named Millard—Webb joined them, took off his coat, and jumped into the van and took some of the property into the shop—I spoke to Millard on the pavement, and then said to Webb, "Come off the van"—he came off, and I said, "I am a police officer; I have been watching this van for an hour or more, and I want to know what is in it"—he said, "Nails"—I said, "Where did you get them?"—he said, "I bought them from a man last night in Stepney"—I said, "What is his name?"—he said, "They call him Darkey"—I said, "What is his right name?"—he said, "I only know him by that name"—I said, "Have you a receipt?"—he said, "No; I am a dealer"—I said, "I know you dealers do not always have receipts; come into the shop with me"—Webb and Millard then went into Mr. Suffield's shop with me, and I said to Mr. Suffield, "I am a police officer; when did you buy those nails?"—he pointed to Millard and said, "I bought them of that man last Monday or Tuesday"—I said to Webb, "I have seen another man with that van some distance on the road; I want to know who he is; will you come with me to West Ham Police Station, and explain the matter?"—Webb, Millard and I got on a 'bus, and went to West Ham Station; I said to Webb on the way, "You hired this van;" he said, "Yes, Gibson was to meet two men at Aldgate, who would take him where the goods were"—he was taken to West Ham Station, and from there to Snow Hill Station and charged—Millard was also taken there, and afterwards Gibson—Webb made no answer to the charge—I afterwards went to Mr. Gunn's, an ironm✗onger in Leyton, and found three tons of corrugated iron, 19 drain interceptors, and 98 furnace pans—they were shown to Mr. Skaife for identification.

Cross-examined by Webbe. You said to Suffield, "I am a dealer; I did not know they were stolen."

Re-examined. He gave me a card with an address on it, 29, Waldon Street—I have been there since—it is a private house—he has not given me any address of a dealer's shop—as a rule, a dealer has a shop or a store.

DONALD MCARTHUR . I am in partnership with Mr. Metcalfe, as Nash & Co., iron merchants, 55, Shoe Lane—Fuller was our warehouseman on September 20th—we had not put this matter into the hands of the police—I went that day to Mr. Suffield's shop, and saw the nails and the van; they were our property, 2 1/2 tons, value £25 to £30.—8 a.m. is the proper time for the warehouse to be opened, not 7.35—the police afterwards showed me about.2 1/2 tons of corrugated iron, value about £80—it was my property, and came out of the Shoe Lane warehouse—this was a one-horse van.

ARTHUR GIBSON . I am a carman in my father's employment at 20, Rose Street, Stepney—on September 25th Webb spoke to me outside a public-house—I had never seen him before—he said that he wanted a van at 7 a.m.; I said, "I will have one ready"; he said, "I will meet you at the stable"—I was outside the stable at 7 a.m; he came up, and we drove together—he got out at Farringdon Street, and I went to McArthur's by the back way, and three men came and loaded my van with some nails, and I drove away—I saw Webb in Commercial Street, when I had had my breakfast; he told me to drive to Russell's, Gill Street, Limehouse, and I went there—I eventually got to 172 Plaistow Road—Webb told me to drive there after he got into that road—after we had got some nails out of the van the police came up—I was charged, and discharged by the Magistrate—about a month or five weeks before the nails I took a load of corrugated iron from the same warehouse by Webb's orders—Fuller and two other men loaded it up; it weighed about two tons—I took it to Young's at Leytonstone, by Webb's orders—I took a sealed up letter to Mr. Walter Skaife, agalvanised iron manufacturer, in Euston Road, by Mr. Webb's directions, and delivered it in the office—I saw Holder there; he sent two men out with some pipes, which I took to Mr. Young—Holder did not assist in the loading—the visit to Skaife was five or six weeks ago, about the beginning of August—I did not go there again—Webb sent me to Bow Road to take a load off a van which had broken down with some furnace pans—I changed the load from one van into the other and took the things to Young's by Webb's directions.

Cross-examined. You left me outside a coffee shop at Farringdon Street Station; I went into a pub at the corner—there was not another man, not you, who went with me to Shoe Lane.

SIDNEY RICHARD SUFFIELD . I am an ironmonger, of 172, Plaistow Road—on September 17th Millard came there and produced some samples of nails—I made a quotation for them, but it did not come off—he came again on the 19th and 20 th—Webb came in, and Millard introduced him as the owner of some nails—Webb left, and at 1.10 he came to the door and said, "The van is outside"—I went outside—there was a van with some nails in it—I examined them, and then they unloaded one or two bags and brought them into my shop, and the police came up.

By the COURT. I had not bought any of them when the police came up—Webb did not say that Millard was the owner of the nails, only that they had got some in the van—I said,"Iwill have a lookatthem"—Millard was a perfect stranger to me—nothing was said about the price, that had been given to me before.

ARTHUR DANIEL YOUNG . I am manager to George John Young, ironmonger, of Walthamstow—Webb came about August last with about

three tons of corrugated iron—a man came with the van, and he came afterwards and said that he had sold it to a man who would not pay cash, and if we could not buy it would we take charge of it for a day or two—it was placed in our yard, and we afterwards showed it to Mr. Ratcliff—about the middle of July I saw 19 drain interceptors in our yard, and a day or two afterwards Webb came and asked me to buy them, as he did not want so many; I declined, and he asked me to take care of them—I showed them to the police—Gibson brought some furnace pans to our yard about a week after that, and Webb wanted us to buy them, but we already had a large stock—he said that he had a customer in the district who would probably take them if we would allow him to leave them in our yard, and they were there when the police came.

WALTER SKAIFE . I am a galvanised iron manufacturer, of 11, Commercial Road—the prisoner Holder was in my employment up to September 20th, after which the police came to me—I saw some furnace pans and drain interceptors at Snow Hill exactly similar to what I had in stock—I have taken stock of the furnace pans and missed some—I cannot say whether any drain interceptors have disappeared—they are made by ourselves—we had not sold any to Mr. Webb or to Mr. Young—I have gone carefully through the books.

Cross-examined. I brought from my shop 43 eight-gallon and five fourteen-gallon pans—the 98 pans they brought were tens and twelves—they were sent from over the water for me to sell, and I hired Gibson to take them to Leytonstone for me.

By the COURT. These pans correspond with mine—I took 23 twelvegallon pans, and I believe there were such pans in the lot I saw, but I do not know whether there were any like the five fourteen-gallon pans—altogether I lost 96—the pans I saw at the station weighed 3 lb. to the gallon—there is no maker's mark on my pans.

J. H. RATCLIFF (Re-examined). The pans and interceptors I found at Young's were the same.

JOHN FULLER . I have pleaded guilty to this indictment—I was employed by McArthur, Nash, and Co. up to September—I was in their employ about 18 months—I first saw Webb at Snow Hill Police-station—a man named Perry helped me to load the van—he was a stranger, not a fellow employee.

Cross-examined. I never saw you come with a van to Shoe Lane.

THOMAS WALTER HOLDER . I have pleaded guilty to an indictment—I was employed by Mr. Skaife between 10 and 11 years up to September—I have known Webb about four years—he was the timekeeper, but left 21/2 years ago—I saw him frequently—I saw the men load some drain interceptors one morning; I did not help to load them—this one produced is after the same pattern.

Cross-examined. You did not go with the van on the morning it came for the goods, but previous to that you made an arrangement to have the stuff, and only a blank piece of paper was inside the envelope.

THOMAS NEAL (A prisoner). I was carman to Mr. Skaife in August—I have pleaded guilty to an indictment charging me with stealing 50 furnace pans, the property of Mr. Skaife—I stole them, and went out with them on August 12th to deliver them to Young and Martin and

Suffield—I transferred them to Gibson's van in Bow Road—he took them away—I did not see where to.

The prisoner Webb, in his defence, on oath, stated that he paid for the goods he received; that the nails, iron, and corrugated zinc mere sent to him to sell by a man named Perry, or Darkey, or Woodman; and that he sold part of them; that he had never been to Shoe Lane in his life, and could never, have received any goods from there; that as to the 19 interceptors, he went to Mr. Skaife's with an order in an envelope, and told him to take them to Leytonstone; and that he told Arthur Gibbs, the carman, he would meet him there; that he got there just as Gibbs pulled up, and then went to Skaife's and paid Holder for the goods; that he was spoken to by Neal and Haywood about the pans two or three days before they were stolen, but refused to have anything to do with it, and never had them at all; that he had had a different lot of furnace pans from Ben Taylor, who traded somewhere in Bermondsey, but that he did not ask Mr. Young to take care of some Jurnace pans which he paid Gibson to take there; and that they were removed from Seal's van (Mr. Skaife's carman) to Gibson's van, and were his own goods.

WEBB— GUILTY on the second count (Stealing the iron.) Recommended to mercy by the prosecutor. MR. KERSHAW stated that the amount of property stolen from McArthur's premises during one year was considerably over £l,000.— Five years' penal servitude. FULLER— Eight month's hard labour. HOLDER and NEAL— Six months' hard labour.

653. ALEXANDER WAISZ (24) , Carnally knowing Cecilia Onisinski, a girl between the ages of 13 and 16.

MR. KEITH FRITH Prosecuted, and the evidence was interpreted to the prisoner. GUILTY .— Four months' hard labour.

OLD COURT.—Thursday, October 25th, 1900.

Before Mr. Justice Channell

654. SARAH BELL (21) , Manslaughter of Mary Elizabeth Chenning.

MESSRS. MATHEWS and BODKIN Prosecuted.

SARAH POWIS . I live at 47, Redmont Road, with my husband—I knew the deceased—between 11 and 12 p.m. on September 17th I saw her at her gate—I went with her to the Greenland Fishers public-house—we were quite sober—we had some refreshment—while we were there the prisoner came in—I had seen her in the street—she lives in Redmond Road—she asked the deceased to treat her—she said, "Not to-night, Sarah; I think you have had sufficient"—the prisoner stayed there till the deceased and I went out—we went towards home, and I left her at her own gate—next morning, about 8.30, from what my little girl told me, I went and saw the deceased—the night before I thought the prisoner had stopped at her own gate, she did not follow us up—when I saw the deceased in the morning she had a fearful face; it was bruised all over—on the 19th I saw her again—she was in bed—she seemed to be ill—she did not care to speak to anyone—on the 20th I saw her again—she was in a fit, lying on the floor between the mangling board and the iron stove—she was a

laundress—I stayed with her till she came out of her fit, when she got up and started sorting her work—I saw some blood on the floor where she had been lying—she had another fit, after which she was taken to the hospital.

THOMAS BIBBY . I am manager to my father, who keeps the Greenland Fishers public-house, in Redmond Road—the last witness and the deceased came in on September 17th—they were quite sober—the prisoner came in soon after—she asked the deceased to treat her—the deceased said she would not, as she had had quite enough, and she would treat her in the morning—the prisoner was highly excited, I should say she must have been drunk—shortly afterwards the deceased and Powis left the public-house, and the prisoner followed them—soon after that I went to bed—when I was in bed I heard some disturbance in the street—I did not go out.

MARY ANN LEWIN . I live at 53, Redmond Road, with my husband—I knew the deceased and the prisoner—about midnight on September 18th I was in bed—I heard a disturbance in the street—I got up and looked out at the window—I saw the prisoner and the deceased—I saw the prisoner lift up her arm and knock the deceased down—she lay on the ground for two or three minutes—I had to go back to my baby—when I looked out again the deceased had gone; the prisoner was still in the road—I did not speak to the prisoner.

JOHANONE MYERS . I am a cabinet-maker, of 44, Redmond Road—about 12.30 a.m. on September 18th I was outside my house—I saw the prisoner—she was screaming and using bad language—I saw the deceased come out at her gate, and she had a scuffle with the prisoner, who went up to her—the deceased fell to the ground, and lay there some time—I think someone came out and helped her up—the prisoner remained there some little time, when a policeman came, and she went indoors.

ISRAEL LEVER (Interpreted). I how live at 5, King's Square, Bristol—on September 18th I was living at 51, Redmond Road—about midnight on that night I was awakened by a noise in the street—I got up and looked out at the window—I saw two women quarrelling—the smaller one hit the taller one, who fell down, and then she got up and went home—a constable came up—I did not see any more of them that night—I do not know the women.

PHILLIP DEATH (260H). I was in Redmond Street on the early morning of September 18th—I saw a crowd—the prisoner was causing a disturbance—I requested her to go away—she went into 57, Redmond Road—I did not see the deceased.

ALFRED CHENNING . I live at 49, Redmond Road—I am blind—the deceased was my wife—she kept a laundry—on Monday, September 17th, I was indoors till 9 p.m.; at 11 p.m. my wife went out—I remember her being brought in about 12.30—I was indoors then—I had heard a shouting in the street—it was a woman's voice—I only know the prisoner from hearing her voice in the street; it was her voice which I heard—my wife made a statement to me when she was brought in—she was restless that night—next morning she left home about 9.30—she seemed very bad, she seemed wandering—she returned home, and remained at home till the

20th—she was attended by Dr. Fordham—on the Thursday she had a fit and fell down in the laundry—she was taken to the hospital.

EMILY HUBBARD . I am a widow, of 18, Baythorn Street, and I used to work for the deceased—about 8 a.m. on September 18th I went to her house; going through the garden to the front door, I noticed blood on the pathway, and the marks went up to her bedroom—I went into the laundry, and saw the deceased—her face was very much injured—she went out in the middle of the day and returned—Dr. Fordham was sent for—on September 20th I went about the same time to the house, and found the deceased in a fit, lying on the floor in the ironing room—I saw blood on the floor—I went for the doctor, and the deceased was taken to the London Hospital.

ELIZA MINETT . I live at 53, Redmond Road—on Sept 18th, about 9.30 a.m., I went to No. 49, and saw the deceased—her face was in a shocking condition; it was bruised—she made a statement to me, and I went with her to the Thames Police-court, where in consequence of her application the Magistrate issued a summons—I also went to the London Hospital to get a certificate as to the deceased's condition—we went home—we had a certificate then—this is it (Produced)—the deceased was showing the certificate to two ladies—the prisoner passed and used a foul-mouthed expression to the deceased—on the 20th I went to the hospital with her, where she was taken under the doctor's orders.

FREDERICK KING (Police-sergeant, 16 H). I am chief warrant officer at the Thames Police-court—I remember Mrs. Mary Chenning making an application to Mr. Mead—I afterwards went to the mortuary, where I recognised the dead body of the woman who had applied for the warrant—I served a summons on the prisoner—I explained to her what it was—she replied, "Yes."

JOHN WILLIAM FORDHAM , M.R.C.S. I live and practise at 78, Mile End Road—on Tuesday, September 18th, between 2 and 3 p.m., I saw the deceased in her kitchen—she made a statement to me—I examined her face; there were extensive injuries to it—her nose was somewhat flattened, although not fractured, and there was a slight abrasion at the back of her head—the appearances were consistent with a blow on her face and a fall on the back of her head—afterwards she was taken to the London Hospital under my instructions—she was excited at the time—that would be consistent with a clot of blood on the brain.

DAVID JONES THOMAS . I am house-surgaon at the London Hospital—the deceased was admitted there on September 20th, about 11 a.m.—I examined her, and found she had extensive bruises upon her face, and at the back of her head I found an abrasion—it was not a serious wound—on the left side of her head I found a swelling—she had a fit in the hall before she was admitted into the ward—she had 20 fits in 48 hours; she came out of the fits after 48 hours, but she was not rational then—she died about midnight on September 26th—on the 27th I made a post-mortem examination—the skull was not fractured; there were some bruises on the chest and arm—inside the skull there were two blood clots—the swelling and blood clots might have been caused by a very hard blow in the face, or by a fall, the result of a blow—the cause of death was exhaustion following

the fits—the fits were caused by the clot on the brain—all the organs were healthy.

ALFRED GOULD (Police Sergeant, H). On October 16th I charged the prisoner with causing the death of the deceased by assaulting her on the early morning of September 18th—she made no reply.

Prisoner's defence: I do not remember anything about it.

GUILTY .— Twelve months' hard labour.

655. GEORGE CLEMENTS (41) , Carnally knowing Hilda Clements, a girl under the age of 13.

MR. HUTTON Prosecuted, and MR. STEWART Defended.

GUILTY .— Ten years' penal servitude.

NEW COURT.—Thursday, October 25th, 1900.

(For the case of Hayes and others, tried this day, see Essex Cases.)

THIRD COURT.—Thursday, October 25th, 1900.

Before Mr. Common Serjeant.

656. JANE LOVETT (43) , Wilful and corrupt perjury in a declaration made by her before a Commissioner to administer oaths in the Supreme Court of Judicature.

MR. SYMMONS Prosecuted, and MR. FRANCIS HUMPHREYS Defended.

There not being sufficient evidence, of the prisoner's intent to misrepresent facts, the COURT directed a verdict of NOT GUILTY .

657. JANE LOVETT was again indicted for obtaining by false pretences from Pearce, Jones & Co., and the Middlesex Joint Stock Banking and Investment Company, limited, £90 3s., with intent to defraud.

MR. SYMMONS, for the prosecution, offered no evidence.

NOT GUILTY .

658. ALFRED CLARKE (31) , Unlawfully obtaining from John William Clifford and others £3 7s. 6d. by false pretences.

MR. BODKIN Prosecuted, and MR. CLARKE HALL Defended.

JOHN WILLIAM CLIFFORD . I am manager of the Black Swan, Carter Lane—I have known the prisoner six or seven years—he was a traveller for a mineral water firm in Camberwell—on August 7th I cashed a cheque for him for £3 7s. 6d.—I paid it into my bank, the Mines Banking Corporation, Limited—I afterwards returned it to the prisoner and he repaid me the money—it was signed "Alfred Clarke;" "By order" was scratched out and "Bearer" put in—I paid it into the bank on the Monday, and it was returned on the following Friday, 17th—I saw the prisoner, I think, the day after it was returned—I told him it had come back, and I had come for the cash—he said, "All the money I have on me now is £17s. 6d.," which he gave me—I had told him I should get a warrant for his arrest—some days afterwards I got £2 balance, and 10s. for my trouble—before I received the £2, I had had communications with Mr. Crane, of another public-house, and with the police.

Cross-examined. I have been subpoenaed by the Treasury.

ERNEST CRANE . I am licensee of the Rising Sun, Carter Lane—on August 14th the prisoner asked me whether I would cash this cheque for six guineas on the Mines Banking Corporation, Limited, in favour of T. F. Kirby, or order, signed "Alfred Clarke"—I told him I did not know the bank nor T. F. Kirby—I agreed to pay him £2, and the balance if honoured—he said the bank was all right, and Kirby had money in the bank, and he said, "I am an old pal of Jack Clifford, and I would not do a cheque that was not right"—"Jack Clifford" is Mr. Clifford, of the Black Swan—I paid it into the bank, I believe, the same day—it came back to me marked, as it is, "No account"—I applied for a warrant at the Mansion House—then I got a letter and a telegram expressing regret at the annoyance, and enclosing the balance.

Cross-examined. I do not consider I have been defrauded—I am here on subpoena.

Re-examined. I took a different view before I got the money.

HENRY MOFFATT . I am a tailor, of 38, Walbrook, trading as Allen and Quarterman—on August 15th the prisoner tendered this cheque for £3—I objected—he said I had already cashed three cheques and found them right, and I should find this right as well—he had paid me one on account that had been cashed about a month before—the reason that he gave me was that it was after banking hours, and he wanted the money—it was crossed—I paid it into my bank—it came back marked "No account"—I received this letter of August 17th, stating "I have had a disagreement with my bankers, so if you have not paid it in, will you kindly hold it, and I will call during to-morrow and give you cash?"—he did not call—I received this telegram of August 21st, apologising—I next saw him at the Mansion House—I at first gave instructions to my solicitors to take proceedings—I did not know he had no banking account.

Cross-examined. The other cheque was for £2 11s., in payment for goods I had supplied him—that was met—the money for this cheque was brought to me, but I thought it was not right to take it until this case was settled—besides the cheque, there was the balance outstanding, making £8 3s.—I am subpoenaed here.

Re-examined. Mrs. Clarke brought the money.

HORACE FROST . I am cashier of the Mines Banking Corporation, Limited, Blomfield Street, Finsbury—the prisoner opened an account, of which I produce a copy, certified by the secretary, Mr. Lindo Henry—I also produce a certificate from the Registrar of Joint Stock Companies, that the bank has furnished a summary under the Companies Acts—it is registered—I did not write this account of the prisoner, but I have compared it with the books, and it is correct—it shows that the account was opened on August 1st with the payment in of a cheque for £5 2s.—on the same day a cheque-book, with 25 cheques, was given to him, and his account debited with 2s. 1d. for stamps—a cheque was paid for one guinea on August 2nd, on August 3rd another for £1 to Searley, and another to Quarterman for £2 11s., which exhausted the account, except 7s. 11d., which was sent to prisoner by cheque in the letter produced, and was signed by Mr. Henry, the secretary, on August 4th, and was

cashed over the counter on August 9th, and endorsed by the prisoner—it is endorsed "Alfred Clarke"—that closed the prisoner's account—I also produce a certified copy of extract from the current accounts ledger, which shows that 17 or 18 cheques of the prisoner, bearing dates from August 4th to 18th, and ranging from 10 guineas to £1, and amounting to just over £70, were dishonoured—we never had any disagreement with the prisoner.

Cross-examined. The prisoner saw the manager when he opened his account—I have not heard of any suggestion for the bank to advance money to the prisoner on house property.

Re-examined. No advance was made to him—£5 2s. represented the whole amount of his account—if an advance had been made it would have been placed to his credit, and his cheques would not have been dishonoured.

HENRY PHILLIPS (City Detective). On September 1st I received a warrant from the Mansion House—on September 21st I saw the prisoner, who was detained at the Old Jewry Police-station by Detective Fitzgerald—I read the warrant to him—he said, "I thought the whole thing was in order"—I said, "I do not know what you mean by that expression"—he said, "I saw Mr. Clifford last Monday week, the day I arrived from Liverpool, and paid him the balance on his cheque the same day, and sent Mr. Crane £2 by district messenger, and later in the day I called on Mr. Crane to see if he had got the money; Mr. Crane said to me, 'You will have to pay me 50s. for the expenses I have incurred in this case, but do not pay me personally; it must come through a third person, so give it to Mr. Clifford,' which I did; I have not kept out of the way, but I have been to Liverpool since; I do not see where the fraud comes in; I asked Mr. Crane to lend me £2; he gave the money, and then asked me to give him a cheque for the amount"—at the Mansion House he was asked if he desired to give evidence in the case, and Mr. Crane said, "No; I told you I got my money"—then the prosecution was taken up by the Treasury.

Cross-examined. I searched the prisoner at the Police-station—I found 26 share certificates of the Caledonian Gold Mining Company, representing 17,500 fully paid-up shares, with a face value of £4,370, in the name of Matilda Gilmore—I have ascertained that they are not the prisoner's property, that the company is wound up, and they are worthless—I found no record of transfer of the shares to the prisoner—I cannot find any officer of the company; the offices are pulled down—I cannot trace the officers—the last meeting of the company was last March—I made inquiries on the Stock Exchange and at Somerset House—I got my information off the file—from hearsay, the assets are nil—there is no record of the re-formation of the company—I have not heard of the Hanavaris Caledonian Trust.

Re-examined. The shares have not been quoted this year.

WILLIAM FITZGERALD (City Detective). On September 21st I took the prisoner on a warrant—I read it to him—it mentioned Mr. Crane's name—I said, "Your name is Alfred Clarke?"—he said, "Yes"—I said, "I am a police officer of the City; I hold a warrant for your arrest"—he said, "I paid the money to Mr. Crane, and understood from him that the warrant was withdrawn"—in the room where I arrested him he took

this packet from his jacket pocket—it consists of 26 share certificates of the Caledonian Gold Mining Company—he said to Matilda Gilmore, who was in the room, "You take care of these"—I said, "You must not hand anything over"—he said, "They are not mine"—I said, "They are in your possession, and must remain with you until you are searched"—(These were date September 13th, 1895.)

The prisoner, in his defence, on oath, said that he urns about to raise a loan, and had every reason to believe he could meet the cheques, and expected to pay a large amount into the bank, and he believed, in spite of their letter, that they would have been glad to have continued his account.

GUILTY .—He then PLEADED GUILTY to a conviction of felony at Guildhall on September list, 1897. He had been indicted at the Middlesex Sessions for a similar fraud.— Eight months' hard labour.

OLD COURT.—Friday, October 26th, 1900.

Before Mr. Justice Channel.

659. MARTHA ADAMSON and JOSEPHINE BELTON, Manslaughter of Gertrude Helen Dick.

MR. CHARLES MATHEWS, MR. BODKIN and MR. STEPHENSON Prosecuted;

MR. BIRON appeared for Belton, and MR. C✗MPBELL, for Adamson.

FRANCIS ALLWRIGHT (32 S. ) produced and proved the plan of the Regent's Canal and the towing-path in the neighbourhood of Hampstead Road Bridge.

CHARLES WILLIAM MAISEY . I am a carman, of 60, King's Road, Camden Town—I have known Adamson since about a week before this happened, and Belton for about two months—I knew Adamson as Martha and Belton as Mog—I knew the deceased as Gertie—I did not know her surname—before October 3rd I have seen them all three together—I have been with them—on Wednesday, October 3rd, between 9 and 9.30 p.m. I saw them coming from Primrose Hill and going towards the York and Albany public-house—I was going in the opposite direction—they were singing—they seemed to be the worse for drink—I had no conversation with them then—about 3.30 the following morning I went on to the towing-path by the canal—I walked along the towing-path as far as Primrose Hill Bridge—the Oval Road Bridge is about 10 minutes' walk from Primrose Hill Bridge—the Albert Road Bridge is about half-way between them—I saw the prisoners lying asleep by the Primrose Hill Bridge—I stopped and woke them up—I asked them where Gertie was—they said she had gone home with a chap—I stayed with them till about 5 a.m.—we went to sleep—when I left them at 5 o'clock they were awake and sitting on the bank.

THOMAS SIMMONS . On October 3rd I was employed as watchman at Hampstead Lane, on the Regent's Canal—about 11 p.m. I was under a little archway—three women were on the bridge above me, coming from Chalk Farm Bridge towards the Oval Road Bridge—they all had white aprons on—they started quarrelling and using very bad language to one another—I told them to clear off, and they used a foul expression to me—I said I should blow my whistle and get a policeman if they did not clear off—they went along the towing-path towards the Oval Bridge—after they were out of my sight I heard one say, "You b——I will do

for you!"—it is very dark there; I could not see anything then, but two or three seconds afterwards I heard a splash and a cry of "Oh!"—I ran to the spot—I could not see anything, except that the water was bubbling a few feet away from the bridge—I did not see anything of the women—there is a bend in the canal there—I blew my whittle and ran for the police—two constables and a sergeant came back with me—the sergeant stopped at the lock to get the drags, and the constables went on in the direction taken by the women—I waited until the sergeant arrived with the drags—the body was found about three-quarters of an hour afterwards at the spot where I had seen the bubbles.

Cross-examined by MR. CAMPBELL. I do not know the depth of the water at the spot where I saw the bubbling—the women had no right there at all—if they had gone over the bridge without saying anything, I could have said nothing—a London and North-Western policeman was watching there too—I found him on the bank after the event.

Cross-examined by MR. BIRON. It was a very still night—there are some high warehouses there, which throw a black shadow across the water—there was a barge there, but some distance from the bridge—one had to cross over the ropes, which were fastened to the stumps some distance off—the coping along the towing-path is partly wood and partly stone—it is wood just before you get to the spot where this happened—the wood where it joins the stone is a little lower than the stone

FREDERICK WOODCOCK (Police Sergeant, 18S). About 11.30 p.m. on October 3rd I was on duty in High Street, Canning Town—I went to the towing-path which runs beside the canal, accompanied by the last witness, who pointed out a spot to me—I noticed that the path was wet and soft, and there were footprints—the canal was dragged by the lock-keeper, and about 11.55 the body was recovered—it was still warm—the woman was wearing a large white apron—there was a discharge from the nostrils like foaming, which is one of the signs which I may be been given as evidence of death—I waited till the doctor arrived, and under his instructions she was conveyed to the St. Pancras Infirmary—I should say the water was about 5 ft. or 6 ft. deep—the body was some way from the bank—near the bank I should say the water was 4 ft. or 4 ft. 6 in. deep.

FRANCIS ALLWRIGHT (Re-examined). The depth of the water where the body was found is 4 ft. 6 in.—about 3 ft. from the bank the bed shelves slightly, but when you get out 3 ft. it drops, and if you go right or left it is rather deeper, the bottom being rotten.

WILLIAM TURNER (376S). On October 3rd I was on fixed point duty in the Albert Road about 11.20 p.m.—I saw the two prisoners coming up from the towing-path through the gate—they did not pass me; they turned to the left down Albert Road, towards Primrose Hill.

Cross-examined by MR. CAMPBELL. I believe women of this class sometimes sleep on Primrose Hill—it is not allowed—I have never been on it myself.

JOSEPH SMITH . I am watchman to Messrs. John Aird & Son—about midnight on October 3rd I was at the corner of Titchfield Road, Regent's Park—I had a watchman's fire—between 11 and 12 I saw two women coming from the direction of Albert Road—Adamson was one of them—he said, "Watchman, let's have a warm against your fire"—I said, "No,

outside that chain; I am not allowed to have no one here"—she called me a little bit of language, which I did not take no notice of—she then went to the other woman, who had not come inside the chain—I only saw her back—they went off together in the direction of St. John's Wood Church—Adamson did not seem to be in liquor.

Cross-examined by MR. CAMPBELL. It was a dark night.

JOHN DESBOROUGH (438S). On the early morning of October 4th I was on duty in the Albert Road—I saw the two prisoners about 5.50 a.m. going in the direction of St. John's Wood—I had heard of the deceased having fallen into the canal then—I said, "Where are you going to?"—Belton said, "We are going to get a drink"—I said, "Where is your friend who was with you last nigh t?"—Belton replied, "She was not with us"—I said, "Was not you with your friend on the towing-path last night?"—Belton said, "Yes; we had a row, a ad we left her there"—I said, "Well, you had better come to the station with me, as the inspector on duty wants to know some particulars about it"—they both replied, "All right," and came with me to the station—they appeared sober then.

Cross-examined by MR. CAMPBELL. They both went quietly to the station—it was Belton who answered all my questions, not Adamson.

WILLIAM JOHNSON (Police-inspector). About 6a.m. on October 4th the two prisoners were brought to the station by Desborough—I said to them, "I hear you were on the towing-path last night"—this note was made by me at the time, and read over to the prisoners after I had made it—Belton replied, "We were with the woman on the towing-path; we were all drunk, and had some words; she said, 'I will jump into the water'; I did not push her in; she jumped in"—Adamson said, "We were all three together, and all drunk, and she said, 'I will jump into the water'; I did not stop her or call out, as it was nothing to do with me"—they were told they would be detained for inquiries to be made, and about 10 o'clock they were charged—a little while after they were charged Adamson said, "I must confess that she pushed her in"—Belton was present then, and replied, "Oh, Martha, you pushed her in, you know you did, but I will suffer for it."

Cross-examined by MR. CAMPBELL. The words I have in my note are the exact words that were used—the prisoners were not detained together; they were in different cells—I was not present when Inspector Freeman interviewed them at 8 a m.—I knew he was going to have an interview with them—they were together before Freeman arrived—I do not know who took them out of their different places of confinement—I cannot say if Freeman was present when they were charged.

Cross-examined by MR. BIRON. Freeman did not see them to elicit more information from them; that was not in my mind—I did not think that I would give him a chance.

Re-examined. I do not profess to have in my statement what the prisoners said to Freeman.

ERNEST FREEMAN (Detective Inspector). About midnight on October 3rd I received information, and went with Inspector Johnson and & sergeant to the towing-path, near the Oval Bridge, on the Regent's Canal, where I saw the body of the deceased—at 8 o'clock I saw the two prisoners at the station—they were in separate cells—they had not been

formally charged then—I saw them again at 10 o'clock, when they were charged—I took down in their presence what they said—Belton said, "We did not push her in; she fell in, Sir"—the charge was then taken and read over to them—Belton said, "It is a shame, because we did not push her in, she jumped in, I told her she would fall in, I wanted to come back, but I was stopped; I heard her scream"—Adamson then said, "We had all had a lot to drink, and were having words"—they were taken from the dock to go into the matron's room to be searched, when Adamson said, "I must confess she pushed her in"—Belton said, "Oh, dear, Martha, it was you, you struck her and pushed her in: I will suffer for it; when I wanted to come back to see her in the water, what did you do? you stopped me, I have a witness; there is a man in it"—they were brought up before Mr. Curtis Bennett the same day—while they were in the dock Adamson said to Belton, "You pushed her in"—Belton said, "You hit her first"—that was said so that it could be heard in Court—the Magistrate directed me to make a note of it.

Cross-examined by MR. CAMPBELL. I was not sworn on October 4th; I was put into the witness-box, but no evidence was taken; the Magistrate said he would remand the case—the women had no right to speak in the dock.

Cross-examined by MR. BIRON. Before I was examined before the Coroner I made inquiries about the deceased—she was a woman who drank.

JAMES MAUGHAN . I am surgeon to the S Division of Police—on October 4th, about 12.30 a.m., I saw the body of the deceased on the towing-path—she had been dead about an hour and a half—the cause of death was asphyxia, due to drowning.

Cross-examined by MR. BIRON. I found no marks of violence on her.

MARY ANN KRAEMER . I am a widow, and live at 10, Hill Street, Dorset Square—the deceased lived in the same house—she left about July 30th—she was 18 years old—I afterwards saw her dead body in the mortuary.

WALTER WILLERTON (Police Sergeant, 32 S). I have known both the prisoners for some time, and the deceased also—I have frequently seen them all together—on September 30th I was on duty in Henry Street, St. John's Wood, about 10.45 p.m.—I saw Belton and the deceased with another woman outside the New Inn—I cannot swear who the third woman was—they were dancing; some men were playing a mouth-organ—I told them to go away—the men went at once—the three women went into the road, where they stopped and started quarrelling over something—I went towards them—the deceased said to Belton, "You are rotten"—Belton said, "If you say any more of that I will shove you into the f—Cut"—I said I should take them into custody if they did not go away—they went away—I am quite clear of the words—I was close to them—the "Cut" is a common word used about St. John's Wood for the Canal—they had been drinking, but I should not charge them with being drunk.

Cross-examined by MR. BIRON. It is nothing unusual for women of this class to use threats to each other—"Cut" and "gut" are rather alike, but I am certain of the words.

GEORGE NICHOLS . I am a waterside labourer, and am sometimes

called Punch Nichols—I have known Belton about two years—we have lived together in the same house—she then went under the name of Mrs. Nichols—she ceased living with me about last March—about that time I saw the deceased with Belton—I first saw her in Regent's Park about three months ago—I have seen her occasionally since, when I have been coming through Regent's Park—she was always with Belton—I last saw them on September 26th; they were both together then in Regent's Park—I spoke to them—I was quite friendly with both of them—I gave up Belton's acquaintance on the Wednesday before October 3rd—I had reasons for doing so—I did not tell her what they were, but we parted good company.

Cross-examined by MR. BIRON. Belton sometimes slept on the banks of the canal—my leaving her had nothing whatever to do with the deceased.

WALTER SCHRODER . I am Deputy Coroner for Central London—I was present at the inquest held by Dr. Danford Thomas concerning Gertrude Dick—I took down the evidence given—both the prisoners were present—they each gave evidence on oath—they were cautioned by the Coroner—they affixed their marks to what was written down—these are the two statements: Adamson, on oath, said: "I am a single woman, and used to do charing. I lived at 71, Kennedy Court, King's Cross, Holborn, for about 12 months sometimes. I have known the woman as Louisa Josephine for about 12 months, but not to speak to lately. I have known the deceased as Gertie about 12 months. On Wednesday last we had all three been drinking after meeting in a road round Primrose Hill, and, coming through the top of High Street, where the canal is, there were some few words between us about Louisa's chap. A watchman came to us and took hold of our hands, and we stopped quarrelling, and then we went on to the towing-path, and as we got lower down by the arch it was very dark. I stood on one side and Louisa stood in the middle, when I heard a splash go, and I screamed out and cried for help. I heard the poor girl in the water scream out, 'Oh, Louisa, you have done it.' Louisa went to run away, and I pulled her back, and we afterwards did go and lay down. The constable came along at break of day, when he asked what we were doing there. That was on a little bit of green path. He told us to get up and go out. We walked up and got out. Another constable outside came after us and said we must go to the station with him. At the station and before the Magistrate I said, 'Louisa pushed her in; I saw Louisa push Gertie in, and I swear it.'" By the Coroner:"I heard Louisa say to Gertie, 'I have had it in for you for a long time; I will do for you.' That was about 10 minutes before Louisa pushed her in. She banged her in with her fist and said, 'In you go; I will do for you,' and then I heard the poor girl say, 'Oh, Louisa, you have done for me.' There were no blows struck. I did not quarrel with Gertie first. We had been drinking mixtures, and a rare lot, together." Belton said: "I have been a laundress, but I have not done work for a long time, I used to live in Clarendon Street, Camden Town; I have known Adamson over 12 months, and the deceased four months; we were together on Wednesday afternoon and evening, and had a quarrel; we got to the canal about 11 o'clock at night; we had all been drinking, Gertie and myself the most. I remember going on to the towing-path, all three of as together; Martha and Gertie

were quarrelling. After that I heard Gertie go into the water. Gertie had been about to strike me, and Martha said, "You won't hit her with one arm,' and then I heard her go into the water and scream."By the Coroner: "I saw her go into the water; Martha pushed Gertie in; I did not put my hands on Gertie. It was all done accidentally, when we were all full of drink. I went to jump in after her, and Martha jumped at me and fetched me back, and laid me down; and we were there, a little further off, by St. Mark's Church, till the morning, till a policeman woke us up. We both quarrelled with Gertie, as she followed us, and we did not want her, and wanted to get rid of her. I just remember going down on the canal bank; Gertie always slept there, and we were going with her. Martha and I said at the station that Gertie jumped in, but that is all wrong; she was pushed in by Martha. I wanted to get help, but my mate would not let me, and I could not do so, as I was in drink, and had only one arm. Gertie has on two or three occasions threatened to jump into the canal. We had been drinking in the New Inn Public-house, St. John's Wood."

JAMES SCOTT . I am medical attendant at Holloway Prison, where the prisoners have been confined during the time they have been in custody—Belton had a disabled arm when she came to the prison—she had an old fracture of the left collar-bone—there was no injury to her right arm.

The prisoners' statements before the Magistrate: Adamson says:"We all three had been drinking a lot of mixtures outside Primrose Hill. I do not know the name of the pub. As we came along through High Street, Camden Town, to the lodge entrance to the Regent's Canal we got a little way over the bridge, when a few words began between us three about a man named Punch Nichols. His real name is George Nichols. That dropped, Belton said, 'Come and let us have a lie down.' When we got a little way down there was an archway. Gertie was by the side of the water, Belton next to her, and I the other side of Belton. All of a sudden Belton turned round and hit Gertie in the side with her fist, and I heard a splash and a scream. She said, 'Oh, Louisa, you have done it; I cried for help. I saw no one near; the place was dark. Belton went to run away, and I went after her. She said, 'I have done it; I have done it; I meant doing for her a long time ago.' That is all true, I will take my solemn oath." Belton says: "Me and my friend Gertie had been drinking all day at the New Inn, St. John's Wood, and were turned out about 6 o'clock. We went then to Primrose Hill. Adamson was with us. We parted from Gertie, and came back to the New Inn, Adamson and I. When we left we met Gertie, and we all came along the Albert Road, and as we were going along Adamson stopped at the corner to ask an old man to let her warm her hands. After that we went on to Primrose Hill again, and were sent off by a police constable. We came off, and Gertie asked us to come and have a drink at a public-house next the Queen at Primrose Hill, and we all three went there. We left there about 9 o'clock and went to High Street, Camden Town, and had a drink at the Elephant public-house. We came out then, and went to the Lock at Chalk Farm Bridge, as Gertie always went there to sleep. She asked us to go with

her, and we went there, and Martha got rowing with Gertie over jealousy because Gertie was with me. Because Gertie would not go she pushed her, and she fell into the water. When she fell into the water she screamed. I went to jump in after her, and Martha would not let me; she said, 'Come down here, run,' and I own I did run with her. We went and lay down. Before we lay down I asked her where Gertie was, and she said she had got out of the water and gone down the path with a man. I said, 'If she is all right I will lay down.'"

MR. CAMPBELL submitted that there was no case to go to the JURY against Adamson, as there was no evidence to show that she had pushed the deceased into the water, as her own statements were exculpatory of herself only, and that the whole of the facts were perfectly consistent with an accident.

MR. JUSTICE CHANNELL considered that the case must go to the JURY.

GUILTY .— Nine months' hard labour each.

660. MARTHA ADAMSON and JOSEPHINE BELTON were again charged on the Coroner's Inquisition with the wilful murder of Gertrude Dick.

No evidence was offered.

NOT GUILTY .

NEW COURT.—Friday, October 26th, 1900.

Before Mr. Recorder.

661. JOSEPH LAWLESS (24), CHARLES CORDEROY (28), and EDWARD HENRY WILLIAMS, Conspiring to obtain by false pretences a candelabra, value £5, with intent to defraud, to which LAWLESS and CORDEROY PLEADED GUILTY .

MR. MUIR Prosecuted, and MR. E. GILL and MR. ARTHUR HUTTON

Defended.

HORACE MARRIOTT . I am secretary of the Music Hall Benevolent Fund, 18, Adam Street, Adelphi—we hold sports in aid of that fund—we send out printed forms to persons desirous of competing in the races—I sent out circular No. 1, which includes the warning that the committee will prosecute any competitor making a false declaration—I got back the form signed by Lawless and Williams—Lawless made the declaration, and Williams signed the certificate on the back—there were 25 events, the second being a 100 yards scratch race for musicians only—the prize was a silver-plated candlestick, value £5—Lawless took the prize away.

ROBERT PATRICK WATSON . I am employed by the Sporting Life newspaper—I was referee to the sports on July 10th, at Herne Hill—I observed Lawless's running in the musicians' scratch race—he won apparently easily—I put up his number as the winning number in the race.

Cross-examined. Corderoy put up Lawless's name.

CHARLES AMBROSE WILKES . I live at 23, Martin Lane, Canonbury, and am managing director of the Tivoli Music Hall, Manchester—Corderoy was stage manager for about six months, and previous to that he was a carpenter—Lawless was never employed at the theatre.

Cross-examined. Williams has been there since September last year—he has always been a respectable man—he is musical director.

CHARLES CORDEROY (The prisoner). I have pleaded guilty to this indictment—I have been stage manager and carpenter of the Tivoli Music Hall at Manchester—Lawless came to me with a form and said would I ask Mr. Williams to sign it, and he asked if I was going to run—I said, "Yes, in the 440 yards."

By the COURT. I asked Williams to sign the paper in the name of Lawless—Lawless was a scene-shifter—he had nothing to do with violins—Williams wrote the whole of the certificate—I never made any suggestion to him that he should write.

Cross-examined. I have never seen Williams speak to Lawless—I did not go to Mr. Williams and inform him that Lawless was an alias of mine; I swear that.

By the COURT. I am not a violinist; I am stage carpenter—I was quite ignorant of doing any harm—I told Williams that I had won the prize: that was a lie—I will not swear Williams read the document through, but he looked at the front of it—it was signed in a hurry.

Re-examined. He told me to go to Lawless and get the prize from him—he did not ask who Lawless was.

JOSEPH LAWLISS (The prisoner). I am a newsagent's assistant, and I have pleaded guilty to this indictment—I ran in the musicians' race at the Music Hall Sports, and won—I got the form from the Tivoli Theatre, and filled it up, and Corderoy said he would get it signed for me—none of the certificate is in my writing—the paper was given to me after it was signed.

Cross-examined. This was a conspiracy between Corderoy and myself to win the prize—I did not think it was so serious—I have never been employed at the theatre.

EDWARD HENRY WILLIAMS (The prisoner). Corderoy came to me and asked me if I would sign the certificate. I said I did not mind. I believed he was going to try and win the prize. I did not know Lawless then; I had never seen him or heard his name; he came to me on July 12 th and told me he had won the musicians' race, and had not tried for the other event. On the Thursday night I wrote to Mr. Dowsett; on the Friday I spoke to Corderoy, and told him that I expected the prize to be back on Saturday morning at 12 o'clock. I received it from Corderoy, and sent it to Mr. Dowsett with a telegram: 'I am forwarding musicians' prize.' I would not have signed the paper if I had known that he had been going to try and win this race.

Cross-examined. I did not know that the 440 yards race was run at 12 o'clock and the 100 yards race at 12.35—what Corderoy said about loosening his legs was said before the event—the words in the certificate: "This is to certify that Mr. J. Lawless has been engaged by me as first violin for the past twelve months" are absolutely untrue—I did not put those words there so that he might win the competition, but merely to loosen his legs—I did not look at the front of it—he asked me to describe him as first violin—he told me he was going to run in the 440 yards race—he did not tell me that that was a stage carpenters' race—I did not look at the document.

Re-examined. I did not know what name he was going to run in in the 440 yards race until afterwards.

CORDEROY received a good character. WILLIAMS— GUILTY . All three prisoners were discharged on their own recognizances.

662. GUSTAVE GERARD DORIN (39) PLEADED GUILTY to unlawfully making a material omission in a statement relating to his bankruptcy, with intent to defraud.— To enter into his own recognizances.

663. JOHN SHREINER, Feloniously wounding William Kerr, with intent to do him grievous bodily harm.

MR. COYLE Prosecuted.

WILLIAM KERR . I keep a restaurant at 50, West India Dock Road—the prisoner came on October 2nd, and said he wanted to speak to his wife—I called her—I would not let him go into the kitchen—she shouted out that she did not want to speak to him—I said, "You will not go into the kitchen," because I saw he had a pistol—he did nothing with the pistol—he held it against me—I said, "What are you going to kill me for?"—he said that he would put a knife in me—he struck me with the knife in my left side—it bled—I gave him into custody.

SAMUEL SMITH . I live at 53, Park Street, Limehouse—I was outside the restaurant in West India Dock Road on October 2nd—I saw the prisoner there—I saw a large crowd—I saw a gentleman in the doorway go away from my house—a constable sent the prisoner away—he came back and said, "You love my wife"—then he went to the gentleman and pulled out a penknife—it was up his sleeve, and he went up and stabbed him in the side once.

BENJAMIN MORGAN (408K). I was at Limehouse Police-station on October 2nd, and saw a large crowd collect near the station—the prisoner was shouting—I asked him what was the matter—he said, "This man has taken my wife; I want to lock him up"—I told him I had got no voice in the matter, I could not do it—he said that I should have to—he talks English—I do not understand German—he then went away—after I had dispersed the crowd he returned—I heard the prosecutor saying, "I am stabbed!"—I saw blood on his shirt—the prisoner ran away—I caught him in Gill Street—he said, "What would you do if it was your wife? I love my wife"—I found two knives in his left trousers pocket, a revolver in his right trousers pocket, and five bullets in his waistcoat pocket (Produced)—he was not drunk.

PERCY LAKE HOPE , M.R.C.S. I live in the Commercial Road—I was called to attend Mr. Kerr on October 2nd—he had a clean incised wound on his left side—his sleeve was also slashed—it went through his coat and waistcoat—the wound was clean, about 3/4 in. long and about 1/2 in. deep in the flesh, and the rib underneath was partly pierced by a sharp instrument—the bone was laid bare—it was an insignificant wound—I stitched it up—one of these pocketknives would probably have caused it.

WILLIAM KERR (Re-examined). I lived with the prisoner as a lodger two months ago—his wife has been with me as cook since about six weeks ago—it is not true what the prisoner says about my behaviour to his wife, and about her going away when I left his house, and taking his furniture and linen—I had a furnished room of his wife, and had been living there

about 20 weeks—I told her to go back to her husband—I have not seduced her, and did not get her out of his house.

Cross-examined by the prisoner. During the last fortnight I lived there your brother came to the house and wanted to sleep with your wife.

By the COURT. After the prisoner had offended me greatly I gave him a few smacks in the face.

The prisoner, in his defence, on oath, said that the prosecutor had lodged in his house, and had taken away his wife, and that his wife and Kerr went out secretly while he was away from the house; that one night when he was in bed his wife said that she should not go to sleep yet, she would go and see her sweetheart, and was away all night, and at 6 a.m. he went down and opened the door of the room, and found his wife in the bed of the man, who had gone, and that she said that she had not seen him; that he told Kerr he must get out of his house, but he said that he had nothing to do with him, only with his wife; that next morning he told his wife that he must give Kerr notice, and she said, "What! that man will remain here in the house, and gou may go out;" that in the evening the prisoner's wife came against him and gave him a push in the chest, so that he fell downstairs, and then Kerr opened the door and hit him in the face, so much so that he was unable to go out for four weeks; that he went out to the Police-station and then to the hospital, and had his head bandaged, as there was a swoollen place as big as an egg near his ear, which the doctor operated upon twice; that the week after that Kerr went out of his house, and two or three days later his wife also went and took everything, and he afterwards learned that they had opened a restaurant, and that he went there, as he wanted to have his wife back.

GUILTY of unlawfully wounding, tinder great provocation. — Five days' imprisonment.

664. JAMES WARNER, Unlawfully taking Eliza Godliman, an unmarried girl, under the age of 16, out of the possession of her mother, who had the lawful charge of her.

MR. ARMYTAGE Prosecuted.

ELIZA GODLIMAN . I live at 27, Johnson Street—I am 11 years of age—I remember one day going to the Johnson Arms with mother—it was daylight—I saw the prisoner there—he tried to get into conversation with mother—he did not speak to me at first—he asked me if I would have any ginger beer—I said, "No," and mother threw it on the floor—he then gave me a penny—he said, "Here is a penny; go and get yourself some sweets"—I was looking in a shop window, and he touched me and said, "Come and buy some sweets"—he then took me on a bus as far as Uxbridge Road Station, and then to a common lodging-house, and, after taking a room, the landlady said, "I have some suspicion about you," and gave him his money back—he said he wanted the room for both of us—I then went away with him—the landlady said, "Is he your father?"—I said, "No; he is a friend of mother's"—I then met a police-man, who locked him up, and took me to the station, and I was given up to my father.

Cross-examined by the prisoner. I did not get a hiding when I got

home—I was not crying all the time—my mother said I should get a hiding when I got home, for telling lies.

JANE GODLIMAN . I am the wife of John Godliman, of 27, Johnson Street, Notting Hill—I am the mother of the last witness—I went to the Johnson Arms on September 19th about three o'clock with my child—I saw the prisoner there—he spoke to my little girl—he put his conversation on me and the woman I went in with, and we did not take any notice of him—he then sat beside my little girl with his beer, and asked her whether she would have some ginger beer, and bought her a sponge cake—he told her she looked rather dull, and said, "Go and get yourself some sweets," and she went and got the sweets—he gave her some money—then she went out to get the sweets, and he said he felt rather hungry and could eat a sandwich, and the woman told him where to get some ham and bread—he then left his glass of ale, and went out and never returned—a few minutes afterwards I thought the child was a long time gone for the sweets, and went outside, and the prisoner and my child were gone—I did not see my child until the evening, when she was brought back from the station—I had never seen the prisoner before—I made inquiries at a sandwich shop—he had not been there.

Cross-examined. I had no papers on the counter—I did not show you two sets of marriage lines—I was not continually threatening my child and calling her names, and speaking against her—she did not say I hit her with a copper-stick—she was not crying in the beershop.

SAGEL DAVIS . I am in charge of a lodging-house at 66, St. Ann's Road, Notting Hill—I saw the prisoner on September 19th about 6.45 p.m.—a little girl was with him—he asked me whether I had a room—I said, "Yes"—he asked me how much, and I said, "1s."—he gave me 1s. and wanted to take the child upstairs, as he said she had walked a long way and was very tired—I said there is a kitchen, and you can go down and make a cup of tea if the child is tired—he went downstairs and took her with him—I called the deputy, and said, "I do not like the look of that man; I think there is something wrong; we will light the gas"—the prisoner followed us up the steps, and said that he would go to bed—the deputy said she would take the child to bed, and I said, "You can go yourself"—he said, "Eliza can go with me; it is not the first time she has been out with me all night"—I said I did not allow little giris to sleep with their fathers in my house, and told the prisoner to take his money back again—with that I turned round and took the child into my room and asked her if the prisoner was her father—she said that he was not, and she wanted to go home to her mother, and began to cry—he said he would take her home—I said, "Why didn't you take her home before? you will have to see the police"—he walked out, and turned round and said, "Eliza, come on"—I followed—I saw my husband in the street and told him there was something wrong—he told a policeman, and the prisoner was taken to the station.

Cross-examined. You did not offer to pay expenses to go to the child's home to see that all was right—you did not give me the child's address.

HENRY PERRETT (21X). On September 19th, about 6.45 p.m., I saw the prisoner pass me, leading the child by the hand—I stopped him and told him I had been informed he had been to the lodging-house and tried

to get a bed for himself and the child—he said, "It is all right, policeman; I only wanted to get a bed, so that the child could go and make water"—I said that I should take him to the station—he said. "I don't think you need do that, as I know her mother very well"—I took him and the child to the station, and he was charged.

The prisoner, in his defence: stated that he lived within 100 yards of the child's mother, and had no intention of taking her child.

GUILTY .—A conviction of burglary was found against him.— Eighteen months' hard labour.

655. GEORGE MILES, Burglariously breaking and entering the dwelling-house of John Glover, with intent to steal.

MR. C. B. MORGAN Prosecuted.

JOHN GLOVER . I am a shop fitter, of 14, Canonbury Street, Islington—on September 19th I closed my house at night, and fastened the doors and windows—about 5.45 a.m. I heard a police whistle—I went downstairs and found Constable Carley holding the prisoner at the bottom of the garden—I found the kitchen window pushed right down at the top—a policeman's helmet was found in the adjoining garden—the prisoner was violent—I looked out at the window and saw them struggling—a knife was found at the bottom of the garden.

Cross-examined by the prisoner. I did not see you attempt to stab the constable—you were arrested in my garden.

ADOLPHUS CARLEY (610N). I was on duty in Canonbury Street about 5.30 on September 21st, near Mr. Glover's premises—I heard a noise at No. 14—I scaled the wall, about 12 ft. high, by the side of the house, and found the prisoner on the window-ledge, with his arm through the window, which was open—the ledge is about 3 ft. from the ground—he was apparently trying to unfasten the shutters—on seeing me he jumped down and ran away—I followed him and caught hold of his jacket as he got over the wall; he broke away and turned on me with this knife, and made a little stab at me—he again went over several walls, and turned round, stabbing at me again—he said he would do for me—as I was on the wall, he deliberately made another stab at me—I struck the knife with my truncheon, and fell in the next garden on my back—he then jumped on my chest, caught me by the throat with one hand, and thrust the other hand in my mouth—I tried to blow my whistle, but he knocked it from my mouth, and tried to throttle me—I threw him over, when he kicked me on my leg, and bit me just above my knee—I then struck him with my truncheon, and hit at the back of his head, but he ducked—I struck at his arms, the blow fell on his head, and he became insensible—assistance then arrived, and we took him to the station—there were two of us—he again became very violent—I found this sack and one pocket knife upon him, a watch and chain, 3s. in silver, 4d. in bronze, and a latch-key—he was wearing the watch and chain in the ordinary way—the knife was picked up within a few yards of the garden where the struggle took place.

Cross-examined. I was not looking over the gate—I was on the wall when you were on the window-ledge—I got over the wall when I saw you, and you ran down the garden—I caught you by the coat

The prisoner, in his defence, stated that he would plead guilty to being in the garden of the house for the purpose of committing a burglary; that the policeman beat him down with his staff, and cut him in two places, and left him insensible; that he had only just come out of prison after 13 years, and had been hunted down by the police for 15 weeks; and that he did not attempt to stab the officer.

GUILTY .—He then PLEADED GUILTY to a conviction at this Court on April 25th, and six other previous convictions were proved against him.— Seven years' penal servitude.

THIRD COURT.—Friday and Tuesday, October 26th and 30th; and

NEW COURT.—Wednesday and Thursday, October 31st and November 1st, 1900.

Before Mr. Common Serjeant.

656. ARTHUR SUTHERLAND and BERTHOLD COHEN (31) , Conspiring with G. Simonson to cheat and defraud Robert Rothschild and others of their goods. Other counts for obtaining goods on credit by false pretences.

MR. MOYSES Prosecuted; MR. ELLIOTT and MR. FITCH appeared for Sutherland, and MR. LAWLESS and MR. SYMMONS for Cohen.

HARRY OFFICER ELLIOTT . I am a pianoforte maker in partnership with one other as the Bridgeport Piano and Organ Company, 78, Finsbury Pavement—about March 4th Sutherland came to me, and asked if I did wholesale business—I said, "Yes; the bulk of our business is wholesale"—he said that he had a large connection among the best cabinet houses in London, and mentioned Maple's, Shoolbred's, and Barker's, of Kensington, and said that he was trying to get into Whiteley's, and if I was open to do business he thought he could do us good—I asked him for a business card—he said he had not one with him—I gave him this slip of paper, on which he wrote "A. Sutherland, 50, Roxburgh Road, Shepherd's Bush," and I added the words "5 per cent, commission," as the terms arranged—he then went away, and called again in two or three days—on March 7 th he brought me an order purporting to come from Rose and Sons, of Romford Road—after making inquiry I found they were no good—I declined the order, and told them so—I told Sutherland that Rose's were no good, and unless we could have cash with the order we could not execute it—he promised to see Rose's as to what could be done—he called the next day and said, "Now I have got something good," and after a conversation he gave me this card, and said that the Romford Furnishing Company seemed to be a respectable house, and I should find them all right—I asked him about references, and wrote at his dictation "Potts & Ward, 69, Great Eastern Street," and "Rothschild & Co., Wool House, Wells Street, E.C."—he gave me the particulars, written in pencil, on the back of the card as to the goods that were to be sent, to the value of £99 15s.—I inquired at the references—the terms were a 30 days' bill for £49 15s., and a three months' bill for £50—the £49 15s. was paid by a cheque brought by Sutherland three or four days before maturity, when he brought me another order for about £200 worth of

goods—I took the cheque, and returned the bill—I paid Sutherland £5, which was 5 per cent. on the order I executed—I believed what he said about the good connection, I would not have executed the order if I had not—I did not execute the order for the £200—about Easter Tuesday I told Sutherland I had not got the £50—he seemed surprised—I said, "Do you know that the Romford Furnishing Company are no good?"—he seemed surprised, and said, "Do you mean to say, then, that they are a Long Firm?"—I told him I did not want to be mixed up in any question of breach of character, and I did not say that; but he repeated that question three times, and I told him he had better go and get my £50—the next day he called and asked me to go and see the Romford Furnishing Company—I went to their premises, 17, Wells Street, Oxford Street, and he introduced me to the prisoner Cohen—we had sent two pianos to Wells Street and two to Romford Road, according to Sutherland's arrangement—I said to Cohen, "You had better pay me my account and get rid of me"—he said he was not in a position to do that then, and after a conversation with him and Sutherland I arranged to take five cheques of £10 each, with a week between the dates, the first being dated May 8th and the second May 16th—those were paid—the second cheque came back marked "Irregular as to signature"—I compared it with the first, and found it was signed "Louis Ziff," so I ruled out the rest of the signature and presented it in that way—two came back marked "R. D.," and the fifth I never presented—I gave the second cheque to Sutherland and asked him to bring me a new one, and he brought one signed, "Louis Ziff"—the first cheque was on the bank in Titchfield Street, and was paid—the others were on the London and Provincial Bank—when the cheques came back marked "R. D." I wrote to Ziff at Romford Furnishing Company, and I got this answer, signed by Cohen, of May 11th—(Promising a cheque the next week, as money was slow coming in.)—I afterwards got these letters of May 14th and 18th—(That of the 14th promised a cheque at the end of the week, and stated: "Kindly do not push me so; cash is coming in slowly;" that of the 18th, said "Kindly note I have not got the cash to pay you; you must wait a few days; I am sure I do not understand your letters, andshall ask the advice of my solicitor," Signed "Louis Ziff")—shortly after March 21st Sutherland asked if I did retail business in pianos on the hire system, and gave me an address, "D. Moss, 26, Upper Marylebone Street"—I went to see Moss, who seemed respectable, and I drew up an agreement for the hire and purchase of a piano, which he signed "David Moss"—the day following Sutherland came in, and I told him I thought we ought to have a reference or two for Moss, and I received a letter purporting to come from Moss, with two names—I got my bank to ask about one, and I wrote about the other—one was Fuller & Co., 151, High Holborn—I said to Sutherland, "I think I had better run up and see these people," and he said, "Oh, a letter is always better; you write them, and you will have their reply in writing"—I did so, and got a very favourable report—this is the letter I got from "D. Moss, Wine Merchant": "Enclosed I beg to hand you my reference, and if you cannot see your way to trust me with the pianos on the hire system, you had better not send same"—the body of the letter is in Cohen's writing—the "t" in "truly" is identical—(MR. LAWLESS admitted that the body of the

letter was Cohen's writing, but not the signature.)—this is the reference from Fuller & Co. (Dated March 29th, and stating: "We have known Mr. D. Moss for a considerable time, and have had several transactions with him. We consider this firm is very respectable. For credit ahead no risk")—Sutherland brought me another order, purporting to come from C. Henri & Co., of 45, Newman Street, Oxford Street, W., with two references (the Welsh Harp and Zeither Company, of 62, High Street, Croydon, and Smith, West & Phillips, 40, Burners Street, W.), in Sutherland's writing—the note across as to three months is my writing—he said, from what he could make out, Henri & Co. had come from "France" or "Paris"; that he knew nothing of their means, but understood they had money locked up in shares, bonds, or something of that kind—I said to Sutherland that we ought to have a shorter term—he said that he would try to get them to agree to half at 30 days and half in three months, and I gave him this postcard to write back: "Yes, quite agreeable; 30 days, 90 days.—SUTHERLAND"—I went and looked at Henri's place, and found it empty—I looked over the glass, which was frosted over, and saw an old table—I got paid £2 out of the £47 15s. on the Moss transaction by a cheque, signed by Moss, and brought to me by Sutherland—I said to Moss, "Cannot you pay me a little more, £5 or £10?"—he said he was rather short, but he took out his pass-book and showed me accounts he had paid—I asked him where the piano was—he said, "Oh, it is at my private house; I had to move into rooms"—that was contrary to agreement—he was to pay 30s. a month—Sutherland said, "I suppose I will get a commission on the retail as well as the wholesale?"—I said, "Yes, if the accounts are all right, but wait a bit," something like that.

Cross-examined by MR. ELLIOTT. Moss showed me from his pass-book that he had done business with Knowles', Fry's, and Castle's, and I argued that if good enough for them it was good enough for me—I was influenced by his being introduced by my traveller, and by Fuller & Co. recommending him and his own bank; by the whole together—I paid Sutherland £5 commission because he said he had had a bad week, and it is customary to pay wages as you go along—I went to see the Romford Furnishing Company at Sutherland's invitation.

Cross-examined by MR. LAWLESS. Cohen had called at my show-rooms when I was out, but I first saw him about the middle of April—he did not tell me he was only manager of the Romford Company—the cheques are signed by Ziff—his name appears on the bill heads as proprietor—I never understood him to be manager—(The witness's deposition stated: "I made inquiries through Kemp, and received information that Mr. Ziff had come from South Africa with £3,000")—I did not make inquiries about Ziff; all my inquiries were as to the Romford Furnishing Company—I also said, "In my interview with Cohen he said that his signature would not be accepted"—I did not know I was doing with scoundrels—Sutherland crossed the cheques—the balance on the four pianos is about £30—I have seen no document in which Cohen appears as principal—I received Henri's reference from Smith, West, and Phillips by post in reply to my letter, when Sutherland brought me this order—(This stated that Henri & Co. said he trusted to the extent of

£200 with confidence.)—he referred me to this firm and to the same firm at Croydon, trading under another name—10 minutes before I received that letter someone purporting to be from that firm was in my office—he told me to take no notice of it, and that I should find a specific mark in it; the letter "e" is darkened with ink in the telegraphic address—two gentlemen were there; Mr. West was one—they asked to see me privately—I do not know that one was Mr. Voldner, nor that he had sent the letter with the authority of the senior partner—Mr. Phillips told me he sent that letter, and Mr. West told him, in my presence, what a fool he was to send it.

Re-examined. Besides the orders from the Romford Company and Moss, Sutherland brought us orders, for which we were paid—the body of the letter from Phillips & Co. I took to be Cohen's writing.

MORTIMER SILVA . I am one of the firm of Rothschild & Co., manufacturers' agents, Wool House, Wells Street, City—amongst others we are agents for J. Schinek & Co., carpet manufacturers, of Vienna—in consequence of a communication from them, I called at the Romford Furnishing Company, 17, Wells Street, Oxford Street, on February 12th—I told Cohen that in consequence of a letter we had received from our manufacturers, I had called with samples of carpets and rugs to show him—he gave me this order for 34 carpets and other articles to the value of £51 5s. 11d., signed "B. Cohen"—I told him our terms wore 2 1/2 per cent, in a month or three months net—the second time I called, in about two weeks, he told me the goods were delivered, and I saw them there—he said he had another place in the Romford Road, and he gave me an order for about £60 worth of carpets and rugs—that order was not executed, because we were not paid the first account—about February 18th Cohen came to our place and bought inkstands and other things, value £9 8s. 3d., which were subsequently delivered at 17, Wells Street—on March 18th I ✗Received this letter from Cohen to call with samples, and with this postscript, "We have met a customer buying for South African firms"—the beginning of March I had seen Cohen at Wells Street, and asked for the £9 8s. 3d.—he promised to come down in two days and settle—on March 26th I received this letter—(Enclosing bill payable at Titchfield Street Bank for £28 3s. 5d., and asking for delivery of clocks at earliest convenience.)—the bill was subsequently presented and returned marked "R. D."—I received this letter of April 2nd from Cohen, stating: "Re conversation with you, Mr. Silva, kindly note I cannot alter anything in the matter, and it must remain as it is,"and"If you had not disappointed us with the other goods it would have been different"—that refers to the clocks which we would not send—the conversation was that I told him I wanted a cheque, and he promised it—it never came—I received this letter on April 27th, stating: "Re your favour of the 26th inst., we beg you to excuse us for giving your name as a reference. This was done quite by mistake. All the same, kindly reply that we are dealing with you"—I had given no authority to give us as reference—over 17, Wells St. "Romford Furnishing Company"—I never saw Mr. Ziff.

Cross-examined by MR. LAWLESS. In June I found the place closed—I want afterwards. and found it open—I saw a lad, and waited for Cohen—I went twice the same day, and Cohen came back with me to the office—

I said at the Police-court that Cohen said, "We have another place at Romford Road; Wells Street is a branch of that"—before giving credit to this company I inquired of Stubbs & Co.—the reply was very fair—I met Cohen about a week before he was arrested—when I asked him where Ziff was he said, "I want to find him myself, because he owes me money."

Re-examined. When I supplied these goods I believed they were for the ordinary purposes of the trade, and that a bond fide business was carried on.

ROBERT ROTHSCHILD . I am a partner with Mr. Silva—I remember Cohen coming—he said he was the representative of the Romford Furnishing Company—he gave me the name of Cohen—he said he had heard that we dealt in fancy goods, and he wished to see them—I showed him some, and he gave an order—he said my partner had called on him—the value was £9 8s. 3d.—the goods were sent—on February 22nd, six days afterwards, I got this letter from Cohen, stating: "Our principal is very pleased with the goods you sent in"—on February 24th he bought other fancy goods to the value of £28 3s. 5d.—they were delivered to 17, Wells Street—before they were delivered I received this note: "February 24th, 1900. Kindly let bearer of this note have box goods and oblige"—I believe the bearer fetched them in a car—I received the letter of March 17th, asking Mr. Silva to call on the manager in the morning with samples of various goods, and two days afterwards went to 17, Wells Street—I saw Cohen—he said he would take me over to a firm who did a heavy shipping trade—he took me to 9, Lower John Street, Golden Square, on the second or third floor—the name on the door was "G. Simonson," and underneath "Patent Self-lighting Company"—he said they were all right, and told me to be sure and go there again—I believe there was a boy in charge—I went the next day and saw, I believe, Sutherland and Simonson—I presented Sutherland with a card of the Romford Company which Cohen had given me the previous day—Sutherland referred to Simonson outside as "Boss," and afterwards, inside, as his chief—I saw a quantity of Turkey carpets—afterwards Sutherland described himself as buyer to Simonson—he said he would come and see our goods—he came on March 20th—we delivered the goods to t he value of £53 15s. Id., in this invoice of May 22nd, to this place in John Street—the same day he bought 27 carpets, value £19 16s., which were delivered the same month—Sutherland came on several occasions—before May 24th he ordered 12 carpets, value £30—they were delivered by carriers—about June 1st he bought 15 rugs, value £3 2s.; and about June 12th 10 rugs and other articles, value £13 4s. 11d., all ordered by Sutherland, and sent to Simonson—on March 20th I bought of Simonson, through Sutherland, goods to the amount of £3 14s., and on April 19th goods to the value of £7 8s., making £11 2s., discount 5s. 6d., and this is the receipt for £10 16s. 6d.—we subsequently returned them and got a cheque for the amount, which was paid—I got no other payment—we delivered goods to the value of about £130—1 went on two occasions to 17, Wells Street—on April 13th I asked for a cheque for £28 3s. 5d.—this acceptance of Louis Ziff was then running—I said my principal did not like giving so long credit for samples the first lot—Simonson said it would have to stay as it was, as he had some very heavy amounts to pay

for pianos—I believe that I supplied these goods in the ordinary way of trade to what I believed were proper trading concerns, or I would not have supplied them.

Cross-examined by MR. ELLIOTT. I did not know Sutherland when I called in Lower John Street in March—I had not spoken to Simonson before—I saw them both in the same room—Simonson was of medium height, fairly stout, and fair, with fair moustache; he looked most respectable—I went out with him for refreshments—I discussed business matters with Sutherland—I was under the impression that Simonson was the principal—Sutherland said, "I am buyer for Simonson"—no £19 6s. was received, to my knowledge—all the goods were ordered through the post—the first payment became due the beginning of June.

Cross-examined by MR. LAWLESS. The bill was signed by Ziff—I always looked upon Cohen as the proprietor—he represented himself as the manager.

Re-examined. I saw Simonson once—all through the transactions I saw Sutherland.

ELIZABETH REISDORF . I am married, and live at 33, Huntley Street, Tottenham Court Road—I formerly lived at 46, Upper Marylebone Street—in December last a man called, D. Moss, and afterwards Frankie took the shop and basement at 46, at 25s. a week—the name put up was D. Moss—a man called Erstling served—Erstling paid the rent—Erstling came first, and took the shop from another man, who turned ont to be D. Moss—I only saw him in the shop reading and writing letters—I asked Erstling who he was, and he said he was the man who read and wrote the letters for him—I saw him almost every day.

Cross-examined by MR. LAWLESS I saw him sometimes in the forenoon and sometimes in the afternoon—the men were foreigners—I am German—Moss spoke German with an Austrian accent.

JOHN CHAPMAN . I carry on business with my father at 94 Leadenhall Street, as Chapman and Chapman, piano importers for Ernest Kraust, piano manufacturers, Berlin—in consequence of a communication front Kraust I went to 17, Wells Street about February 14th—I told Cohen that our firm had received a communication from Berlin, and I had come to give him prices and particulars of pianos—he said "Yes," that was all right, and I handed him a trade list—he gave me an order by poet tor one piano for £19 15s. 9d.—I named the terms, discount 2 1/2 per cent., or an acceptance of three months—he gave me this acceptance drawn on Ziff, the Romford Furnishing Co.—he told me he was manager for Ziff—he gave me a card with his name written on the back as manager—the piano was delivered—the bill was presented at maturity—it came back dishonoured—on March 5th I saw Cohen, and at one interview he said the goods were satisfactory, and that he could do 25 pianos a year—he gave me an order for two piano one at £20 7s. 9d., and the other £18—the first of these I sent by the carman, the second I did not deliver—he called on me with Sutherland—he said, "This is Mr. Williams," and that he was buyer for G. Simonson, of Lower John Street—Williams looked at the goods and ordered a fourth piano for about, £20, to be sent to Simonson, at 9, L2ower John Street—that was delivered—for it I got an acceptance which was also dishonoured

at maturity—I got three bills—the first bill I had was for £20 12s. 6d., which was met—early in J une I went to 17, Wells Street on three occasions within business hours—the first time the premises were closed—the second time I saw a young fellow with a moustache—I asked for Mr. Cohen—he said Mr. Cohen was out, and that he could not say when he would be in—the third time I went the premises were closed—I have never been paid the £39 15s. 9d. due for pianos—on one occasion I asked Cohen if his friend Williams (Sutherland) proposed to have his pianos delivered in John Street, as he had a sma✗ front office on the second floor, and there was a very steep staircase, and I thought it was impossible to take the piano there—Cohen or someone said he thought there was a warehouse at the back—he skid, "They do a fair business with me"—I asked Cohen to ask Williams to write me as to where the piano was to be delivered, and he said he would do so—the following day I received a letter from Simonson, cancelling that order—I believed these firms were carrying on business in the ordinary way, and that the goods were required for ordinary trade, or I would not have let them go.

Cross-examined by MR. LAWLESS. Before dealing with these firms I made inquiries through Stubbs—I took Cohen to be the manager—I never saw him after the middle of May—after that I saw a younger man, about 20.

FRITZ WEITHERDT . I am one of the firm of Weitherdt and Naumann, of 15, Farringdon Avenue—in April we advertised for a traveller, and received this letter from E. Sutherland—the prisoner afterwards called and produced two letters I sent him the day before—after a conversation I engaged him as a traveller at 10 per cent, commission on invoice prices, or a little more if he got extra prices—on April 9th we received this letter, ordering musical boxes to be sent to the Romford Furnishing Company—I was not satisfied with the references given in the letter of April 30th from Sutherland of E. Melser, 73, Milton Street, E.C., and A. E. Benlian Brothers, 29, New Street, and stopped the goods—on April 24th I got a letter from Sutherland, cancelling the order for the Romford Company.

Cross-examined by MR. ELLIOTT. We wrote Sutherland on May 11th, in answer to his letter cancelling order, that we should be glad to sell what we had in stock—we should have executed orders for good firms.

HENRY JOHN CULLUM . I trade with Mr. Blankenstein at 135, Finsbury Pavement, as pianoforte importers—I received this letter of March 14th from the Romford Furnishing Company, B. Cohen asking for catalogue and terms, which we sent a few days afterwards—on April 18th the prisoner called—Cohen produced a card, and said he had come in answer to our letter, and that he wished to fee pianos referred to in our list at £18 to £19—after inspcting pianos in the upper and lower show-rooms they conversed together, and Cohen, who was the spoke✗man, ordered one instrument that was up3taira, and one that was downstairs, at £18 10s. and £19—1 was asked the terms, and I said 5 per cent, cash, 2£ per cent, at a month or a three months' bill if credit terms were accepted; but as usual, the first transaction would be cash—in walking round the show-room Cohen said that in the event of requiring credit they would require six months—I said, "In that case we must have references,"

and that we had to be very ✗cautious with new customers, in case we got hold of people who were no good—Cohen asked for a pencil, and wrote "Melser" and another name on this card—the first name I would not take, as we had had transactions and found them unsatisfactory—I took the name of the Bridgeport Organ Company, but required a second reference, when, after consultation with Sutherland, he gave me Benlian—I afterwards made inquiries—I wrote the letter of May 7th to Mr. L. Ziff, of the Romford Furnishing Company—(Asking for £18 11s. 6d. cash for one piano)—I received this answer of May 14th, signed "Louis Ziff"—(Stating: "You will receive cheque amounting to£18 on delivery.")—on the 6th we sent one piano, value £18, by van—Batchelor was the carman—he did not bring back a cheque or the money—I sent one of our clerks to 17, Wells Street, and in a day or so went myself—I saw a young fellow of 18 or 20—I asked to see Mr. Ziff—I suggested waiting an hour, half a day, and then a day—I waited same time, and saw neither of the prisoners—I have never had any portion of the money—I wrote a letter of May 17th to Mr. Ziff, of 17, Wells Street, but I got no answer—I believed the transaction was legitimate, or I would not have parted with the goods.

Cross-examined by MR. ELLIOTT. Sutherland spoke to me, but it was practically taking up the conversation of Cohen.

Cross-examined by MR. LAWLESS. The Bridgeport Company carry on business opposite us—I dealt with Cohen, of the Romford Company, whether he was Ziff or Cohen.

JOHN THOMAS BATCHELOR . I live at 12, Ark Street, Hoxton—I am a carman, employed by Patten & Co.—on March 20th I delivered a piano at 17, Wells Street, and produce the receipt, signed "Bertha Cohen"—on May 16th I delivered another piano there from Bienkenstein's—this is the signature—the receipt was taken away and brought back signed—I told the people I was to receive the money before leaving the piano—I could not get the money, and the piano was taken in.

Cross-examined by MR. LAWLESS. I delivered the piano at Wells Street about 3.30 or 4 p.m.—the receipt was given to me by a woman—I did not see Cohen there.

GEORGE GILLHAM . I am an upholsterer, of 63, Primrose Hill, Tonbridge—on February 16th I received through Mr. Poole, our London agent, this letter, inquiring if I would deliver goods to the Romford Furnishing Company, and enclosing a reference to Fuller & Co., 151, High Holborn, to whom I wrote on the 17th, and received this reply—(This stated that Mr. Ziff had been known to them some time; that accounts were paid promptly, and that they trusted them to the extent of £150.)—I wrote to the Romford Company, and asked for another reference—I received this answer from B. Cohen, asking for samples of coverings, and enclosing references to Peterson Brothers, 219, Euston Road, and the Economic Bank, Old Broad Street—I wrote to Peterson, and received this reply—(Stating that they had opened an account with the Romford Company about five months; that the, firm had met their payments, and they considered them trustworthy, and no risk for credit asked.)—in consequence of those references I supplied the Romford Company at 17, Wells Street, with a suite of furniture on March 6th, amounting to £19 8s.—on March 13th I received this letter from B. Cohen, manager,

enclosing a two months' bill, "For settlement of my account," "as cash is coming in slowly"—the bill was dishonoured—I have not received a penny piece.

Cross-examined by MR. LAWLESS. I made an inquiry through my bank—I did not get a satisfactory answer—I was told that persons preferred to do cash with this firm, that Ziff had an account at the Economic Bank, but that it had been closed, as far as I remember—they said he was respectable.

WALTER ALBURY . I am a carman, employed by the South-Eastern Railway Company—I live at 24, Cooper's Road, Old Kent Road—on March 10th I delivered a crate of goods from Mr. Gillham, of Tonbridge, to the Romford Furnishing Company, 17, Wells Street—this is the delivery-sheet, signed "B. Cohen."

EDWARD JAMES CAUDELL . I am a clerk to Debenham & Freebody, silk mercers, Welbeck Street—I received this letter, dated from 9, Lower John Street, and signed by Simonson, and ordering hose—I replied, asking for references, and received the name of Benlian Brothers, of New Street, Bishopsgate Street, whom I wrote, and got this reply, of June 21st—(Stating that they had given Simonson credit for over £100, payment had been regular, but with regard to the amount of his capital they had no knowledge.)—I wrote at the bottom, "£10 strictly, 31/2 percent., if any order," as I was not quite satisfied, and intended to limit the order, and I said to Mr. Sutherland when he called, "I will let you have goods up to £10; if you want anything more you will have to give me references to other firms; I never open accounts with one reference only"—on June 22nd Mr. Sutherland called while I was on the telephone inquiring in the City if anyone knew the firm—I told him he might go round the house and select goods to the amount of £10, and he did so—I said they were to be paid for by July 10th, the discount to be 3 1/2 per cent.—the account was £7 15s. 3d.—he did not pay on the 10th, and I had a statement sent on August 8th, and he called and paid cash.

Cross-examined by MR. ELLIOTT. I make no charge—I simply give evidence.

GEORGE WILLIAM GOODCHILD . I live at 67, Spool Road, Bromley—I travel for Mappin & Webb, of Oxford Street—on June 20th I received this letter, signed "Simonson"—(Asking for samples of fish knives and forks on approval)—I called at 9, Lower John Street, and saw Sutherland—I asked for Mr. Simonson—he said he was not in, and would I call again, he might be back—I said I would call in about two hours, and would he mind my leaving the samples—I left them, and called within the hour—Sutherland said that Mr. Simonson had not arrived, but the goods were for a customer, and he knew as much about it as Mr. Simonson, or something to that effect; that he would submit the samples to their customer, and would let us know either that night or the next morning—I left two cases, which contained 12 pairs of silver fish eaters and two cases of fish carvers, value £29 6s.; also four loose pairs of fish eaters, which I had taken from cases as samples—the cases were opened out, and I found the goods on the counter—on June 21st Sutherland called with the four loose pairs of fish eaters, value 8 guineas—he ordered 12 pairs of fish eaters to match one of the pairs he had returned, which,

with other goods, are of the value of £15—I did not examine the order—I told him the first day I saw him I should require references or cash on delivery—I had a reference to a bank in Regent Street, which I took up—he never returned the cases of goods—I called twice afterwards within a week, between 10 and 12 in the day, but the place was locked up—I believed this was bona fide business, or I should not have left the goods—I received this letter, signed "G. Simonson, pp. A. S.," in reply to my complaint of June 28th—(This stated that Mr. Simonson was on the Continent, and if Mappin and Webb wished cash the goods must remain till his principal called or sent to them.)—I believe the police have the goods—we have not been paid.

Cross-examined by MR. ELLIOTT. I have heard that the goods were handed over to the police, for the prosecution.

NORMAN MARPLE . I am a partner with my father as Marple & Son at 57, Holborn Viaduct—we are agents for the Crawford Cycle Company—I received this letter of March 7th from the Romford Furnishing Company, B. Cohen, asking for catalogue, which I sent—I received the letter of March 12th, asking for four sample bicycles, and enclosing references to Fuller & Co., 151, High Holborn, and G. Simonson, Esq., 9, Lower John Street, Golden Square—Fuller & Co. reported favourably—from Simonson I got no reply—I was not satisfied, and did not supply the goods.

JOSE WALTER BELLWOOD . I am a salesman to Mr. F. C. Ostler, china and glass dealers, of 10, Oxford Street—I received this letter of June 29th, signed "G. Simondson, pp. of A. S.," ordering a dozen tumblers, a dozen sherry glasses, and other goods, to be despatched within the week—the same day I took samples of glass goods to 9, Lower Jchn Street—I asked to see Mr. Simonson—I saw Sutherland—I showed him the letter—he said he knew all about it, that Mr. Simonson was not in, and suggested I should leave the samples till the following day; Mr. Simonson would be there about 11, and that I should call about 11.30—I left the samples for that night—I called the following day about 11.30—he said Mr. Simonson had not arrived—J told him the terms were 15 per cent, at a month—the next day Sutherland called in Oxford Street, and gave me an order for glass to the value of £13 18s.—I asked him for references, as we had not his name on our books—he offered me a bank reference—I said that we preferred trade references—he gave me the name of Benlian, of New Street, Bishopsgate—the goods were subsequently delivered to 9, Lower John Street—we send statements out the first of every month—the goods were paid for about August 8th.

GUSTAV VINTSCHGER . I am employed by Herman, Hilborough, Markt & Co., of 25 and 26, Shoe Lane—they are agents of the Monarch Cycle Company—I received this letter of March 2nd from the Romford Furnishing Company, B. Cohen, asking for a catalogue, lowest quotations and terms at earliest convenience—I sent a reply, and got this answer, stating, "We beg to state that we intend to sell cycles at both our branches, and if you suit us well we can promise you a good turnover"—I there upon went to 17, Wells Street—I gave Cohen a catalogue, and we began to discuss the prices—1 told him the best thing was to call and see the cycles—Cohen called next day, and gave me his card as "L. Ziff"—he

said, "I am the proprietor of the Romford Furnishing Company"—I showed him three cycles—he gave me an order for eight machines, amounting to £60—I asked him for two references—he gave me the names of Fuller & Co. and Potts & Ward—I wrote and got this answer on March 8th from Fuller & Co.—(Stating that they had known L. Ziff, the proprietor of the Romford Company, for a consider able time; that they had had several, transactions with him, which were met promptly, and they considered the firm respectable and trustworthy to the extent of £100.)—I also received this letter from Potts & Ward, of 09, Great Eastern Street, dated March 8th, "Re Romford Company, the proprietor, L. Ziff, opened an account with us in November last of £60, paid prompt cash £40, and the balance shortly after. He has since had one or two small transactions which he has discounted: we can give you no information with regard to his financial position, as we know nothing about that"—the machines were to be delivered quickly—after those two references I delivered two machines the following Friday, March 9th, as he wanted them in a special hurry—the value was £16—I wrote for a further reference, and on March 13th, I received a letter from the "Romford Furnishing Company, B. Cohen"—(Stating that the company had £1,200 of stock at both branches; that the, debts did not exceed £240; and that the new branch required credit; the reference being to G. Simonson, of 9, Lower John Street, Golden Square)—I wrote to G. Simonson, and got this answer—(Stating that the company had paid him a small account, but he knew nothing about their means.)—I declined to send the other machines—subsequently one of the machines was returned—I never got any money.

Cross-examined by MR. LAWLESS. The reference being doubtful, we called for the machines., and there was only one there—we lost £8—I saw the same man both days, whether he calls himself Ziff or Cohen—I know him as Ziff—he said something to the effect that he could not agree to terms until he had consulted his principals—I saw another man at Wells Street, of middle age, or rather about 27—that was the first time—I cannot speak to ages—he had a bit of black beard—I did not hear his name mentioned.

ALBERT HANNINGTON . I am a dealer in pianofortes at 9, Dorset Street—in consequence of a call at my place and a letter in April, I went to 17, Walls Street, and Cohen came to me on April 26th—he gave me a card, and I showed him my stock of pianos—he gave me an order for three—I asked him for referencesor cash—he wrote on this card "E. Melser, and R. Rothschild"—he arranged to pay cash in 30 days—he wanted the pianos that week—I told him if the references were satisfactory we should deliver—I got this answer from Melser—(Stating that he had received £30 in cash and given credit for between £50 and £60 in short bills.)—upon receiving only one answer I intimated that I would rather have cash for the first transaction—then I received this letter from Cohen, cancelling the order—Cohen called the next day and inquired the price of two—I told him £35 12s. 6d.—he gave me a cheque for £15, the balance to be paid in seven days—I acceded to that arrangement—the two pianos were delivered on May 15th—I called that evening for the cheque, and saw the pianos there—Cohen beckoned to a youth, about 18 years of age, to come and sign a cheque which he produced from his pocket—the youth signed it

"Louis Ziff" and went to the back of the shop—after the youth had signed it Cohen filled up the cheque for £15 12s. 6d.—I asked him to include the 12s. 6d., so as to leave an even amount standing—as I was leaving he said, "I have provided for you next week," referring to the balance—he said, "I am very pleased with your pianos, and I hope to do a good business with you"—I went about a week later, about 4 p.m., and found the premises closed and a notice on the door, "Return to-morrow morning, 10.30"—I went the next morning and found the premises closed—I went again in the afternoon, and found a notice, "Refer to Mr. Metcalf, solicitor, 18, Eldon Street, Finsbury"—I have been since, and found the place closed—I have not been paid any portion of the £20 balance—I next saw Cohen in custody—when I saw him before that he told me they were considering opening a new shop at Stratford, and he made out they were doing an extensive business—before I parted with my goods I believed he was carrying on a legitimate business, and what he told me, that he had ability to pay, or I would not have parted with my goods, or given him credit.

Cross-examined by MR. LAWLESS. I think it was the first occasion that he was thinking of opening a business at Stratford—that was in April—the notice was up on May 24th—the man I saw there appeared to be a shopman.

JOHN EDWARD FROST . I am assistant-secretary to the British Oil and Cake Mills, Limited, 29, Great St. Helens, Glasgow—one of their businesses is at Rocka Villa Oil Mills, Glasgow—I received this letter of May 21st, signed "G. Simonson," asking for prices, and replied on the 22nd with a list of oils and prices—I received this order, dated June 8th, signed "G. Simmonson, pp. A. S.," as a sample order, and on June 11th forwarded by steamer six barrels of oil, value £27 10s. 4d., to G. Simonson, Cannon Wharf—I got this reference from Mr. Klausner—(Stating that he had done business with Simonson, who did not owe him anything, but he did not know anything of his circumstances.)—we had done business with Klausner—we never got paid—it was a mistake.

Cross-examined by MR. ELLIOTT. The order was executed by inadvertence by our branch in Glasgow.

SAMUEL COMPTON . I am a checker employed by the Carron Company in their warehouse—on June 15th I received notice to deliver six barrels of oil to the man collecting, who signed at the back of this paper "Klausner"—we took delivery from the steamer—it was to the order of Simonson.

EDWIN JOHN WOULD . I lived at 16, Rathbone Place—on August 4th I was tenant of a house and shop in Ship Yard, Wardour Street, Oxford Street—on March 10th the prisoner Cohen, who was with another man, took the shop and basement at a guinea a week—he paid 2s. 6d. deposit and the balance for one week the following Monday morning, the 12th—he asked the other man for a card, and he took a card out of his pocket, and handed it to the prisoner, with "The Romford Furnishing Company" on it—I lived in the upper part of the premises, and had a workshop there the whole time—Cohen was tenant for 10 or 11 weeks—the previous tenants were laundry people—along the fascia was "Shirt

and Collar Dresser"—I asked if they wanted it taken out, and they said it did not matter, and that they wanted it for the storage of furniture—the following Wednesday a lot of furniture, overmantels, mail carts, spring mattresses, carpets, rugs, and various things came—two pianos came later—goods came and were taken away for about seven weeks—one week the place was empty, and I thought they had gone; there were only a few tin trunks left in the corner—the goods remained three days or one day, and sometimes goods would come in the morning and go out about 6 in the evening—a man I know as Goldstein, of Whitechapel, came on a Sunday to view the goods—the man who came in, and who helped Cohen, used to keep the key—he wore a green baizo apron, except on Saturdays and Sundays, when he dressed up like one of the governors.

Cross-examined by MR. SYMMONS. This man had a beard, and was about 40 to 45—he was like a foreman—the card had on it "L. Ziff, Proprietor"—I know where one lot of goods went to, because I wanted my rent, and a carman, who used to take the goods to Whitechapel, gave me some information.

GEORGE WOOD . I live at 12, Bryant Road, Holloway—I was employed by Mr. Goodyear, the liquidator to the Northern Furnishing Company—the people at 9, Lower John Street had furniture from the company on the hire system—I called for the instalments on June 22nd or 23rd—I asked for Mr. Simonson, the man in whose name the furniture had been hired—I saw the prisoner Sutherland—he said Mr. Simonson was not there—I told him I would call again—I did not like to mention my business on the first occasion—I called several times after that—I was never able to see Simonson—Sutherland told me on one call that Simonson would be there the following Tuesday, and then I would have a cheque for my instalment—about July 4th or 5th I found the place looked up and the landlord in possession of the keys—on July 6th I paid £3 6s. 8d. to the landlord, and removed my goods—£14 8s. was my balance.

Cross-examined by MR. ELLIOTT. It was office furniture supplied on February 17th.

WALTER STACEY LANE . I am a decorator, of 7, Whitehall Park, Hornsey Lane—I was the landlord of 219, Euston Road, the end of last year and the beginning of this—on January 7th the prisoner called on me, giving the name of Charles Simon, and I arranged to let him three rooms and a kitchen at 18s. a week—he took the keys on February 8th, and remained till July 9th—he paid the rent regularly—I am also landlord of 16, Tolmer Square—on July 9th Cohen moved into that house—the rent was £70 a year—I only knew him as Charles Simon—he did not live in Tolmer Square till August, as I had to put the house in repair—I had known the premises, 219, Euston Road, more than 12 months before I bought them, about Christmas, 1899—I never knew such a firm as Peterson Brothers carrying on business there.

Cross-examined by MR. SYMMONS. After February 8th I did not collect the rent for about nine weeks, when I was laid up—the house was let out in four floors.

GEORGE WALTER . I live at Ecclesbourne, near Wanstead—I am the owner of 770, Romford Road, Manor Park, which I purchased in May last

—tenants were in the premises—the name over the door was "The Romford Furnishing Company"—this is the agreement under which the premises were handed to me by the vendor, signed "Louis Ziff and Michael Levi"—the first rent became due June 24th—I have not received any part of it—on July 1st I found them closed—I retook possession in July—I did not see any furniture.

Cross-examined by MR. SYMMONS. I went to the premises, but never could ascertain who was my tenant—I did not see either of the prisoners—I saw the manager—I believe he was called Ziff—I went to the place three times—I saw Mr. Ziff on each occasion—I was under the impression that Ziff was tenant of the premises—the man was between 26 and 30 years of age, with a slight beard—I called between May 1st and 23rd.

WALTER PRESTON . I am manager to Mr. Percy Mason Goodwin, of 64, Gresham Street, who had the letting of 17, Wells Street, at the beginning of this year—in January last Cohen called with regard to taking the premises—he gave me references—one was D. Moss, 26, Upper Marylebone Street—the envelope is stamped "D. Moss, London"—(This stated that Mr. Cohen, the proprietor of the Romford Furnishing Company, Manor Park, had been tenant of a private residence for some years at a rental of £55, which was paid punctually, and that he considered Cohen respectable and trustworthy.)—the agreement is signed by Cohen—it is for three years, from February 8th, at £80 per annum—it is dated January 31st, 1900—on March 25th I had a cheque for £10—we took possession after June 24th—we found the place empty and the tenants gone.

Cross-examined by MR. SYMMONS. Two men came about the premises—they had an interview with Mr. Mason, the trustee, before I saw them—Stokes & Neighbour, of Bedford Row, solicitors to the estate, prepared the agreement—the other man was a dark man—the £10 was an agreed sum for a broken quarter—it was paid by cheque, which went to Mr. Mason.

THOMAS ASKROYD BAMFORD . I am manager to Curtice & Hanson, land agents, of Mount Street, Grosvenor Square—Cohen called in June with reference to taking 4, Bigge Street, Golden Square, giving the name of Simon, and I received a letter from 7, South Street, Finsbury, giving references to P. H. Woodbridge, 91, Queen Street, and Khuller & Company, Limited, 14, High Holborn—I produce the agreement, which is signed "Charles Simon."

MAY EVANS . I am married, and live at 7, South Street, Finsbury—on June 19th, when I came back from my holidays, the room which had been occupied by a Mr. Popert had also "Simons" on the door—the man I saw as Simons was the prisoner Cohen—he called every day for five or six weeks for letters—he took away two pianos which belonged to Mr. Popert, and which had come from abroad—I saw no papers there.

Cross-examined by MR. ELLIOTT. I never saw Sutherland there.

Cross-examined by MR. SYMMONS. Mr. Popert cleared his papers away—Cohen appeared respectable.

Re-examined. One name was at the top of the door, and the other on the bottom.

GEORGE GARNHAM . I live at 43, St. James's Residences, Golden

Square—I am the landlord of 9, Lower John Street, Golden Square, where a room on t he second floor was taken from February 1st, at £3 6s. 8d. a month, by one I knew as G. Simonson—he was in possession till June—he paid the rent for March, April, and May—about June 15th I called about 11.30, and found the place locked up—I have not seen Simonson since, nor got any rent from him—I had no notice to determine the tenancy—I kept the furniture till the middle of July, when I got the rent paid by it.

Cross-examined by MR. ELLIOTT. I saw Simonson dozens of times—he is about my stature, fair, and with fair moustache.

ANNIE LOOMS . I am single, and am housekeeper at 9, Lower John Street—I remember Simonson coming into occupation the beginning of February last—he brought some furniture in—he came every day till about the middle of June—Sutherland came in March as a clerk—I did not know his name—Simonson told me to give him the key when he wanted it—Sutherland came every day—he was there a fortnight after Simonson left, and paid for the cleaning of it—I was paid 3s. a week for cleaning the office by Simonson before that—after they left there were many inquiries—their papers were kept in the desk.

Cross-examined by MR. ELLIOTT. Simonson was short, stout, fair, and always very nicely dressed—he came about 9 a.m., and Sutherland about 10—Sutherland told me Simonson had gone to Paris for a few days, and that he was coming back—later he expressed surprise that he had not come—he seemed disappointed.

CHARLES BRYAN (City Detective Inspector). On July 25th warrants for four persons were placed in my hands from the Guildhall Justice Room—on August 4th I saw the prisoner Cohen in Cheapside—I was with Rothschild—I said, "I am a police inspector; I want to speak to you. I believe your name is Berthold Cohen?"—he said, "No, I am not Berthold Cohen"—upon seeing Rothschild he said, "Yes, I am Berthold Cohen"—I said, "I have a warrant for your arrest, which I will read to you"—I read it to him—on the way to the station he said, "I was the buyer for the Romford Furnishing Company, but I had no power to sign cheques. Mr. Ziff was the proprietor"—later on, under a search warrant, I searched his house at 16, Tolmer Square, Hampstead Road—I found these exhibits, Nos. 95 to 109—(The correspondence as to references.)—the same evening I went to 15, Roxwell Road, Shepherd's Bush, and said to Sutherland, "I am a police inspector. I have a warrant for your arrest for conspiring with a man named Simonson to obtain goods by fraud, at 9, Lower John Street, Golden Square. The warrant is in the name of Williams"—he said, "I never went by the name of Williams in my life. I was employed by Simonson whilst I was there; I never did anything that I am ashamed of"—I took him to the station—he appeared at Guildhall the following Monday—Mr. Mason handed me the copy letter-book of 17, Wells Street—in it I found about 100 applications for catalogues and goods in London, the country, and abroad—I found that a man named Grosse had offices as Fuller & Co., at 151, High Holborn—he has absconded.

Cross-examined by MR. SYMMONS. Cohen may have pronounced his name "Berthold Cohen"—the delay in the execution of the warrant was because I was looking for Ziff and Simonson.

The prisoners, in their defences, on oath, severally stated, Sutherland, that he was traveller, and Cohen, that he was manager for the Romford Furnishing Company, and that they were the dupes of others.

Evidence for Cohen.

JOSEPH NATHAN . I am a retired merchant, living at 2, Merchant Street, Bow Road—about the end of August or in September or October of last year, I recommended 770, Romford Road, Manor Park, as a suitable furniture shop to Mr. Ziff and Mr. Levi—I was introduced by Ziff to Cohen, sen., not the prisoner, but a man of about 40—I never saw the prisoner Cohen before—I had known Levi as a respectable man for many years—Ziff and Levi eventually took the house—after Levi found his people were not right, he came and told me, and he said, "I want my name taken out," and I went to the landlord and got Levi's name taken out of the lease, which was then in the name of Ziff and Cohen—that was about a month after they had gone into the house—I had been shown a bank reference from Cohen, sen., saying that Ziff was worth £3,500.

Cross-examined. I saw Levi about a week ago.

WALTER BURROWS . I am an auctioneer and surveyor, of Romford Road—on September 26th last I received from a Mr. Ziff and a Mr. Levi a portion of a quarter's rent in advance to Christmas for house and shop, 770, Romford Road—I was acting as agent for Mr. A. W. Clarke, the owner—Levi took stock, and the name was afterwards changed to Cohen, who was 45 years of age, and very dark—I saw young Ziff in the office—they carried on business at 770, Romford Road for something less than a year; Ziff, with Cohen as manager, and there was a man named Little—the landlord collected his own rent—I only let the shop—I have not seen Sutherland before to-day—the prisoner Cohen is not the man I knew there.

HARRY PETERSON . Early this year a Mr. Lintz was my partner at 7, Featherstone Buildings, High Holborn—the name put up was "Peterson Brothers" from November 1st till the end of March, or about May 5th—the prisoner Cohen was a friend—I opened the place with my money, and Lintz promised to put money in, but did not—he went away, and I waited for a second partner—I did some business on commission—I did not answer any reference about the Romford Furnishing Company; I suppose my partner did—I did not know the company.

Cross-examined. We had two rooms at 7s. a week—the business was to be, buying and selling wine and spirits—we did not buy or sell any because we had no cash—we did business as commission agents.

FRANK PETCH . I am a traveller for Taplin & Co., Limited—our firm supplied goods to the Romford Furnishing Company to the amount of £40 4s. 11d. from January 13th to 23rd last—I treated with Ziff and Levi—I swore an information upon which the warrant was obtained at the Mansion House—I was told of Cohen afterwards—the prisoner Cohen is not the man who defrauded us—a Mr. Cohen got goods which were not paid for, and I swore an information against him, but this Cohen is another man—we have not received a penny.

Cross-examined. I was referred to Fuller & Co., of 151, High Holborn,

Square—I am the landlord of 9, Lower John Street, Golden Square, where a room on t he second floor was taken from February 1st, at £3 6s. 8d. a month, by one I knew as G. Simonson—he was in possession till June—he paid the rent for March, April, and May—about June 15th I called about 11.30, and found the place locked up—I have not seen Simonson since, nor got any rent from him—I had no notice to determine the tenancy—I kept the furniture till the middle of July, when I got the rent paid by it.

Cross-examined by MR. ELLIOTT. I saw Simonson dozens of times—he is about my stature, fair, and with fair moustache.

ANNIE LOOMS . I am single, and am housekeeper at 9, Lower John Street—I remember Simonson coming into occupation the beginning of February last—he brought some furniture in—he came every day till about the middle of June—Sutherland came in March as a clerk—I did not know his name—Simonson told me to give him the key when he wanted it—Sutherland came every day—he was there a fortnight after Simonson left, and paid for the cleaning of it—I was paid 3s. a week for cleaning the office by Simonson before that—after they left there were many inquiries—their papers were kept in the desk.

Cross-examined by MR. ELLIOTT. Simonson was short, stout, fair, and always very nicely dressed—he came about 9 a.m., and Sutherland about 10—Sutherland told me Simonson had gone to Paris for a few days, and that he was coming back—later he expressed surprise that he had not come—he seemed disappointed.

CHARLES BRYAN (City Detective Inspector). On July 25th warrants for four persons were placed in my hands from the Guildhall Justice Room—on August 4th I saw the prisoner Cohen in Cheapside—I was with Rothschild—I said, "I am a police inspector; I want to speak to you. I believe your name is Berthold Cohen?"—he said, "No, I am not Berthold Cohen"—upon seeing Rothschild he said, "Yes, I am Berthold Cohen"—I said, "I have a warrant for your arrest, which I will read to you"—I read it to him—on the way to the station he said, "I was the buyer for the Romford Furnishing Company, but I had no power to sign cheques. Mr. Ziff was the proprietor"—later on, under a search warrant, I searched his house at 16, Tolmer Square, Hampstead Road—I found these exhibits, Nos. 95 to 109—(The correspondence as to references.)—the same evening I went to 15, Roxwell Road, Shepherd's Bush, and said to Sutherland, "I am a police inspector. I have a warrant for your arrest for conspiring with a man named Simonson to obtain goods by fraud, at 9, Lower John Street, Golden Square. The warrant is in the name of Williams"—he said, "I never went by the name of Williams in my life. I was employed by Simonson whilst I was there; I never did anything that I am ashamed of"—I took him to the station—he appeared at Guildhall the following Monday—Mr. Mason handed me the copy letter-book of 17, Wells Street—in it I found about 100 applications for catalogues and goods in London, the country, and abroad—I found that a man named Grosse had offices as Fuller & Co., at 151, High Holborn—he has absconded.

Cross-examined by MR. SYMMONS. Cohen may have pronounced his name "Berthold Cohen"—the delay in the execution of the warrant was because I was looking for Ziff and Simonson.

The prisoners, in their defences, on oath, severally stated, Sutherland, that he was traveller, and Cohen, that he was manager for the Romford Furnishing Company, and that they were the dupes of others

Evidence for Cohen.

JOSEPH NATHAN . I am a retired merchant, living at 2, Merchant Street, Bow Road—about the end of August or in September or October of last year, I recommended 770, Romford Road, Manor Park, as a suitable furniture shop to Mr. Ziff and Mr. Levi—I was introduced by Ziff to Cohen, sen., not the prisoner, but a man of about 40—I never saw the prisoner Cohen before—I had known Levi as a respectable man for many years—Ziff and Levi eventually took the house—after Levi found his people were not right, he came and told me, and he said, "I want my name taken out," and I went to the landlord and got Levi's name taken out of the lease, which was then in the name of Ziff and Cohen—that was about a month after they had gone into the house—I had been shown a bank reference from Cohen, sen., saying that Ziff was worth £3,500.

Cross-examined. I saw Levi about a week ago.

WALTER BURROWS . I am an auctioneer and surveyor, of Romford Road—on September 26th last I received from a Mr. Ziff and a Mr. Levi a portion of a quarter's rent in advance to Christmas for house and shop, 770, Romford Road—I was acting as agent for Mr. A. W. Clarke, the owner—Levi took stock, and the name was afterwards changed to Cohen, who was 45 years of age, and very dark—I saw young Ziff in the office—they carried on business at 770, Romford Road for something less than a year; Ziff, with Cohen as manager, and there was a man named Little—the landlord collected his own rent—I only let the shop—I have not seen Sutherland before to-day—the prisoner Cohen is not the man I knew there.

HARRY PETERSON . Early this year a Mr. Lintz was my partner at 7, Featherstone Buildings, High Holborn—the name put up was "Peterson Brothers" from November 1st till the end of March, or about May 5th—the prisoner Cohen was a friend—I opened the place with my money, and Lintz promised to put money in, but did not—he went away, and I waited for a second partner—I did some business on commission—I did not answer any reference about the Romford Furnishing Company; I suppose my partner did—I did not know the company.

Cross-examined. We had two rooms at 7s. a week—the business was to be, buying and selling wine and spirits—we did not buy or sell any because we had no cash—we did business as commission agents.

FRANK PETCH . I am a traveller for Taplin & Co., Limited—our firm supplied goods to the Romford Furnishing Company to the amount of £40 4s. 11d. from January 13th to 23rd last—I treated with Ziff and Levi—I swore an information upon which the warrant was obtained at the Mansion House—I was told of Cohen afterwards—the prisoner Cohen is not the man who defrauded us—a Mr. Cohen got goods which were not paid for, and I swore an information against him, but this Cohen is another man—we have not received a penny.

Cross-examined. I was referred to Fuller & Co., of 151, High Holborn,

to whom we wrote and got a satisfactory answer; we should not send goods off without.

GUILTY .— Judgment respited.

(The Courts did not sit on Saturday, October 27th, or on October 29th.)

OLD COURT.—Tuesday, October 30th, 1900.

Before Mr. Justice Channell.

657. ADA JANE STODDART, Being the occupier of a certain office, did use the same as a place to receive moneys or valuable securities relating to horse racing.

MR. AVORY and MR. MACKAY Prosecuted; and MR. WALTON, Q.C., MR.

C. F. GILL, Q.C., MR. J. P. GRAIN, and MR. KERSHAW Defended.

HARRY ARCHIBALD BROWN . I am a clerk of Messrs. Burk & Co., solicitors, and produce a certificate under the Newspaper Registration Act of 1881—Mrs. Stoddart is the registered proprietor of Sporting Luck, which is carried on at 10, Red Lion Court—the paper is published every week—the one published on September 7th advertises the fact that between January and September, 1900, £46,000 was paid away in prizes.

ALBERT TISLEY . I am Vestry Clerk to St. Dunstan's-in-the-West—I produce the rate book for the rent of 1899, which shows the occupier of the premises at 10, Red Lion Court, to be Mrs. Stoddart—I also produce the rate bill of April 23rd, 1900, which shows that she was the occupier then.

ROBERT WALTER NEAL . I am a letter clerk in the General Post Office—on Tuesday morning in each week a special delivery of letters was made at 10, Red Lion Court, Fleet Street, addressed to Sporting Luck—they had "Competition" marked on them outside—they are delivered direct from the Post Office in sacks in thousands—the average number of sacks was 20 to 22.

HERBERT MITCHELL . On March 26th I had a copy of Sporting Luck, dated March 23rd—in my presence my wife filled in 13 coupons on the back page with the names of horses running in the Lincoln Handicap—there was a reward of £3,000 for naming the first four horses—the entries for the handicap were in the paper—I sent in the 13 coupons with a postal order for 1s., payable to A. J. Stoddart, which is 1d. for each coupon and one free, according to the conditions—I registered it—I have since attended outside the office, at 10, Red Lion Court—there are a number of women clerks employed there—on one occasion I counted 35 and on another 43 going in and out.

THOMAS CLEARY . I am a surveyor—from August, 1899, to April, 1900, I was employed at Red Lion Court, Fleet Street—Mrs. Stoddart, with her husband, carries on the business there—on the ground floor on the left is the office for the sale of the paper, and on the right side there is a large room for the counting of the coupons—Mr. Stoddart has his private desk there to superintend the office—on the first floor there are two rooms; one is the editor's room, and the other room is used for the telephone and J. and H. Drew's business of turf and commission agents, which is carried

on by Mr. Stoddart—on the second floor there is a room where the coupons are counted—the rules of the competition say that the letters should be marked outside "Competition," and, as a rule, they are marked so—we sort them out from the other letters—Mr. Stoddart has the money and cheques which come—I have paid them into the London and Westminster Bank.

Cross-examined. Mrs. Stoddart comes to the office herself—I do not know if she has anything to do with J. and H. Drew.

EDWARD RUSSELL THOMAS . I am a book-keeper—I had a copy of Sporting Luck of March 23rd, which offered a prize of £3,000 for naming the first four horses in the Lincoln Handicap—I filled up the coupons on the back page; there were 68 in all—I sent in two papers, as there are only 49 lines; they were all different—I do not know anything about horses or horse racing—I got the names of the horses from the paper—I send a postal order for 5s. 6d.—I won £1,000—I think it was the fortieth guess which was right—there were two other winners—I think the paper of March 30th stated that there were two other winners who got £1,000 each.

ARTHUR MAYNARD BARNARD . I represent the manager of the London and Westminster Bank, Fleet Street branch—the prisoner has an account at the bank—she paid in large sums of money each week—I have a certified copy of the account from January to June, 1900—the total payments amounted to £63,668—the sum of £82,000 includes the amount with which the account commenced.

THOMAS CLEARY (Re-examined). I know Mr. Stoddart told me that we guaranteed a sale of 100,000 to 120,000 per week.

MR. WALTON submitted that there was no case to go to the JURY, and, at any rate, he asked that a case should be stated for the consideration of the Court of Crown Cases Reserved. He referred to the case of Caminada v. Hulton, page 116 Magistrates' Cases, 60 "Law Journal Reports" and Stoddard v. Sagar, 1995, 2 Queen's Bench Division, page 474. He submitted that although, under the 1st Section of the Betting Act of 1853, no house or place should be kept or used for the purpose of betting with persons resorting thereto, this case had nothing to do with that. But the 2nd Section said that no money or valuable thing should be received by the owner, etc., or for any consideration, promise, etc., to pay or give any money or valuable thing relating to any horse race or other race, etc.; that the JUDGES in the Divisional Court before whom the case of Stoddart v. Sagar went considered that the transactions did not amount to betting, and he submitted that there was clearly no bet in this case. MR. AVORY referred to Hart v. Hay, Nisbet & Co., 37 "Scottish Law Reporter," in which the Court of Session in Scotland held that precisely similar circumstances came within the second part of the section, whether it amounted to a bet or not. MR. JUSTICE CHANNELL said that although he had not the remotest doubt, he was compelled, by his difficulty in understanding the case of Stoddard v. Sagar, to state a case.

GUILTY .— Discharged on recognizances.

658. CHARLES WOOD (56), JACOB LEWIS (17), and MICHAEL CONNOLLY (43) , Robbery with violence on Thomas Smith, and stealing from his person a tobacco pouch and 17s, his property. WOOD and CONNOLLY PLEADED GUILTY to simple robbery.

MR. LYNE Prosecuted, and MR. BURNIE Defended Lewis.

THOMAS SMITH . I am a window cleaner—on October 13th I was lodging at the Victoria Home, Whitechapel Road—on that night, about 12.30, I was in Commercial Street—a girl spoke to me, and I walked up the road with her—I got half way up the road, when I wished her good night—Connolly then pinned me from behind, Wood grasped me by the throat, Lewis had his left hand over my mouth and put his right hand into my pocket, taking from there a tobacco box and 4s. or. 5s.—Connolly put his hand into my left-hand pocket and tore it, taking half a sovereign, two florins, and a purse—I struggled—Lewis said, "Chiv him" three times—I got Wood away from my throat—we struggled—Lewis knocked me down, and Connolly gave me a violent blow—two police officers came up—I saw one of them grasp Lewis, and the other caught Wood and Connolly.

Cross-examined. The whole thing took place very quickly—I think it must have taken seven or eight minutes—Wood was in front of me—there was a gas lamp quite close—I am quite certain that Lewis is one of the men.

Re-examined. I saw him while he had his hands over my mouth, and I heard his voice—I would swear to him anywhere.

GEORGE CORNISH (377H). On October 13th, about 12.40 a.m., I was in Spitalfields with Police-constable Dessent—I saw the three prisoners—we thought their movements rather suspicious—we were both dressed in rough plain clothes—we concealed ourselves in some buildings, and watched them—we saw the prosecutor come up the street with a female—the three prisoners followed close behind—when opposite where we were Connolly ran at the prosecutor, and pinned his arms behind his back—Wood caught him by his throat, whilst Lewis placed his left hand over his mouth and rifled his left-hand trousers pocket—there was a struggle, and the prosecutor was thrown to the ground—someone shouted, "Chiv him" three times—we rushed up—I arrested Connolly and Wood, and Dessent arrested Lewis—the prosecutor was sober—I told him we were police officers.

Cross-examined. I do not know Lewis at all—we were about 50 or 60 yards from the prisoners before the struggle took place—the woman was close to the prosecutor when the prisoners ran up.

HENRY DESSENT (409H). On October 13th, about 12.40 a.m., I was with Cornish—I saw the three prisoners standing some distance down the street—we kept observation on them—I saw the prosecutor come up the street towards us with a female—they got within seven or eight yards of us when Connolly caught hold of the prosecutor by the arms behind him, and Wood seized him by his throat—Lewis put his hands over his mouth and searched his left-hand trousers pocket—Connolly searched his right pocket—someone shouted, and the prosecutor was knocked down—we ran out, and I caught hold of Lewis—they were taken to the station—Lewis said in answer to the charge, "All right"—he produced 3s. 6d. in silver and 10d. in bronze from his pocket—he said, "It is my money"—I said, "What have you in your left hand?"—he said, "Only a box"—I took it from him and laid it on the desk, when the prosecutor said, "That is my property."

Cross-examined. I have seen Connolly and Wood before—this all happened very quickly—Lewis appeared to be very anxious to get away when I caught him—I was in plain clothes, but directly I caught hold of him I told him I was a police officer—I was holding him pretty tight.

Re-examined. I am quite sure he is the man.

Lewis, in his defence, on oath, said that he was not with the men; that he had never seen them before; that he did not take any part in the robbery; that he saw the two men robbing the prosecutor, and went over to see what was the matter; that there was a crowd; that he saw a purse on the ground, and picked it up, and intended to give it to the prosecutor, but was arrested.

Evidence for the Defence.

CHARLES WOOD (the prisoner). I have pleaded guilty to this robbery, without violence—I do not know Lewis—he did not take any part in the robbery, to my knowledge.

Cross-examined. I cannot say who held his hand over the prosecutor's mouth—Lewis was arrested by my side.

MICHAEL CONNOLLY (the prisoner). I have pleaded guilty to this robbery without violence—I did not know Lewis before he was taken into custody—he did not take any part in the robbery with me—he had not been walking about with me before—I did not see him until I was at the Police-station next morning.

Cross-examined. I do not know who it was that put his hand over the prosecutor's mouth—I put my hand into his right-hand pocket.

By the COURT. I had not been waiting about before that—I was going up the street at the time.

LEWIS received a good character.— NOT GUILTY . CONNOLLY then PLEADED GUILTY to a conviction of felony at Clerkenwell on August 4th, 1897.— Three years' penal servitude. WOOD— Eighteen months' hard labour.

659. THEODOR MORRIS (35) , Committing wilful and corrupt perjury.

MR. BODKIN Prosecuted, and MR. HUTTON Defended.

GEORGE GUYOTT . I am a wine and spirit merchant, of 19, Galabria High Street—I had a customer named Dr. Paul Zimmerman—on July 21st I received a cheque from him for £12, drawn by T. Morris, which was paid—on July 27th he owed me £2 19s.—he brought me a cheque for £12 10s., drawn by T. Morris on the London, City, and Midland Bank—I gave Zimmerman the difference between £12 10s. and what he owed me—I paid the cheque into my bank; it was returned marked "R.D."—I tried to find Zimmerman, but could not—on July 31st I saw the prisoner—I did not know him before—I told him that the cheque had come back, and asked him if he would pay it—he said it was not his cheque, and he knew nothing about it—I pointed to the drawer's signature—he said it was not his, and knew nothing about it—he said Zimmerman was a first-class swindler—I went to the bank, and made some inquiries—I took out a default summons at the Clerkenwell County Court—the service of that would be left to the Court ✗builiff—the hearing was eventually fixed for September 19th—I attended to prove my case—the defendant was absent£judgment was given by

default for £12 10s.—after that I saw the prisoner in the street—he came to me and asked me if I was down respecting the cheque—I said, "Yes," and asked him if he could pay it—he said he could not pay it then, but would pay £2 a month—I said I could not accept that, and then went away—on October 4th he came to me in Galabria Road, and offered to bring £5 or £6 on the following morning, which the solicitors were willing to accept—the only part of the debt which I got was £1 on October 21st, which was the Sunday before these Sessions began—he said if I put the brokers in I should not get a penny, that if I waited he would pay me off, but the property belonged to his wife.

Cross-examined. I knew he was a foreigner, but we understood each other pretty well—I had to repeat things to him several times—I did not know how much he had at the bank till I went about the cheque—I did not know that he was overdrawn when the affidavit was obtained—he only disputed that the cheque was his on the first occasion.

Re-examined. I only saw him once before the County Court proceedings commenced—I showed him the cheque, and the signature at the bottom.

ARTHUR TERRY . I am a clerk in the Clerkenwell County Court, and am appointed to administer oaths and take affidavits—on August 4th a summons was issued in that Court, at the suit of George Guyott, against Theodor Morris, to recover £12 10s. on a dishonoured cheque; it was served by our officer on August 18th—the defendant had 12 days in which to pay, otherwise judgment would go by default, but he would be at liberty to file an affidavit setting forth any grounds in which leave might be obtained from the Court to show his inability to pay—on August 30th the prisoner came to the County Court and told me he would defend the action—I told him he must prepare an affidavit, showing that he wished to defend the action—he spoke in broken English—he said he could not write much English, that he had never had a banking account, and had not signed the cheque—I said, "That is a very good reason for obtaining leave to defend, but it must be by affidavit"—I recommended him to go to a solicitor, and he would advise him—he said he had not enough money—I suggested that he should get a friend to write out an affidavit for him—he went away—he came back with a stranger or a friend, who said in the prisoner's presence that he had come to write out the affidavit for him—I gave him a sheet of foolscap, and he took it to a desk in the office, with the prisoner, and returned it complete—I saw them both at the desk—I could not hear what they said—I asked the stranger to explain the affidavit in German, so that there should be no misunderstanding—he spoke to the prisoner in a foreign language—then I swore the prisoner in the usual way—he took it away to make a copy of it—he signed it and swore the affidavit in the usual way—leave was given to defend the action.

Cross-examined. I think he understood me—I thought there might be some doubt about his understanding it, so I asked his friend to explain it in German—I did not say I could not understand the affidavit they first brought—there was a partition between us, with a window in it—the prisoner and the man were on one side, and I was sitting down on the other—I could not see who wrote the affidavit—I do not know who the

other man was—I had never seen him before—I did not see the prisoner sign the document—he did not appear very excited when he first came—he does not speak clear English—he did not say that at that time he had no banking account, or that he had never denied that the cheque was his—I do not remember his saying that Zimmerman was a swindler, and had swindled him—I did not read the affidavit over to him—he was sworn in English—the oath was not interpreted to him.

Re-examined. It is a Very unusual thing for people to issue bills of exchange on a dishonoured cheque without inquiring into the signature—I think the plaintiff would have gone to the bank first, and would not issue a summons first, so I asked the stranger to explain the affidavit to him.

ROBERT BURSTALL WOOLNOUGH . I am manager at the Hackney Branch of the London, City, and Midland Bank—the prisoner was a customer there—his account was opened in May last, and closed in June—it was re-opened in July, and continued as a current account up to the end of August—In July and August about 30 cheques were drawn on his account—he used to come to the bank—I have seen him there with a man called Zimmerman—I produce a certified copy of prisoner's account during July and August—that shows that on July 12th a cheque for £12 was honoured—this cheque for £12 10s. was presented at the bank and dishonoured—it is drawn in the same way as the other cheques—looking at the signature, I should have honoured it if there had been money in the bank to meet it—we advanced money on two bills of the prisoner—they were both dishonoured—they are at the bank now.

Cross-examined. We let him overdraw his account to £20—we had some difficulty in understanding him sometimes—Dr. Zimmerman interpreted for him sometimes.

ALFRED WARD (Detective Sergeant). On October 9th I was at the Shoreditch County Court—I saw the prisoner there—I asked him if his name was Morris—he said, "Yes"—I told him I was a police officer, and held a warrant for his arrest for committing perjury at the County Court in swearing an affidavit in which Mr. Guyott was plaintiff—I said, "You will have to come with me"—he said, "He could not understand"—he called a gentleman who had been with him in the Court to interpret to him, and I asked the gentleman to explain it to him—I took him to the Islington Police-station, where the charge was read over to him—he said he did not understand English—he said at the Clerkenwell Court that he saw someone outside who wrote the affidavit, and when he swore it he did not know what was in it.

Cross-examined. He said that through the interpreter; he appeared not to understand what I said to him.

ARTHUR TERRY (Re-examined). This is my writing in the margin of the affidavit, "The defendant is a foreigner, and this is the best he can do."

The prisoner, in his defence, on oath, said that he had only come to England in January; that he did not know any English before he came; that he met Zimmerman in April, and had given him a cheque for £12 10s.; that he told Guyott he had a banking account; that at the Court he met a man whom he had never met before, and asked him if he understood German;

that the man wrote the affidavit for him, and he signed it, but he did not tell the man to write that the signature to the cheque was not his, or that he never had a banking account, but that he had none now; that when he signed the paper he did not know that it was an affidavit he was going to swear; that he did not read it through, and that he could not understand how the stranger had put in the affidavit what he had, except that the stranger was a Dutchman, and could only half understand.

He received a good character. GUILTY .— Six months' hard labour.

NEW COURT.—Tuesday, October 30th, 1900.

Before Mr. Recorder.

660. W. GEORGE HANSON (17) , Unlawfully attempting to carnally know Catherine Mary Aldridge, a girl under the age of 13.

NOT GUILTY .

(For other cases tried this day see Kent and Surrey Cases.)

OLD COURT.—Wednesday, Thursday, and Friday, October 31st,

November 1st and 2nd, 1900.

Before Mr. Recorder.

661. GEORGE WARD (61) , Obtaining 1s. by false pretences from John Bannor.

MR. MACKAY Prosecuted, and MR. KEITH FRITH Defended.

During the progress of the trial the RECORDER suggested that there was insufficient evidence, and the JURY therefore returned a verdict of NOT GUILTY .

662. JOHN GRIFFIN (29) , Robbery with violence on Edward Lawson, and stealing from his person 4s., his money.

MR. BOYD Prosecuted.

EDWARD LAWSON . I am a dock labourer, of 17, Dorset Street—I was in Dorset Street on September 20th about 11.45 p.m.—I saw the prisoner and two other men standing together on the foot-path—I walked in the roadway—when I passed them one of them, came up to me behind and held my arm; another put his hands over my eyes, and the third put his hand over my mouth—they tried to get my money; they could not do so, and they dragged me to the foot-path and then took my money—I had 4s. in my pocket—I struggled, and as soon as I could see I recognised the prisoner, and as soon as my mouth was let go I shouted out "Police!"—a constable came up—the other two men ran away—I cannot say what the prisoner did to me, but he was one of them—I actually saw the prisoner captured—he was just walking away.

Cross-examined. You were not asleep on the pavement; you were holding me.

GEORGE HOLLOWAY (33 H). On September 20th, about 11.45 p.m, I was in Dorset Street—someone called "Police! Murder!"—I saw two men on the pavement and two men running away—then I saw the prisoner lying on top of the prosecutor—he got about one yard away when I caught

hold of him—he said, "You have done wrong"—the prosecutor said, "I have been robbed, and want to charge this man"—on the way to the station the prisoner said, "I did not go down him"—that is a slang expression for searching his pockets—in answer to the charge he said, "You have done wrong, as I have given you many a cup of tea in the kip," a slang word for lodging-house—the prosecutor denied it.

The prisoner's statement before the Magistrate:"I am innocent of the charge, and know nothing at all about it."

The prisoner, in his defence, said that he was asleep at the time this happened, and that it was an old grudge.

GUILTY .—He then PLEADED GUILTY to a conviction at this Court on September 9th, 1895, and three previous convictions were proved against him.— Five years' penal servitude.

663. GEORGE WHITLEY, Assaulting Sarah Parratt, with intent to ravish her.

MR. FORDHAM Prosecuted, and MR. WATT Defended. NOT GUILTY .

664. JAMES LODGE (27) , Attempting to have unlawful carnal connection with Maude Lawler, a girl between 13 and 16.

MR. HUTTON Prosecuted.

NOT GUILTY .

665. GEORGE BROWN (18) , Robbery with violence on Joseph Palmer, and stealing from him 19s., his money.

MR. OSWALD Prosecuted.

JOSEPH PALMER . I am a painter, of 6, West Street, Hackney—on September 17th I was in Dorset Street about 10.45, speaking to a young woman—we crossed the road—the prisoner and two others came up behind—the prisoner put his arm round my neck, and punched me five or six times on my head—the others went through my pockets, and then ran away—I felt the prisoner's hand in my pocket—I caught hold of it—I had about £1 6s.—I lost about 9s. 6d.—some was picked up off the ground—two detectives went after the prisoner, and brought him back—I had been with the young woman since 4 o'clock—she left me for about ten minutes, and almost directly she came back the men came at me—she went away after the assault.

Cross-examined by the prisoner. You were never in front of me—the other men were bigger than you are.

Re-examined. I was so hurt that I could not eat for two or three days afterwards.

FREDERICK HARVEY (Detective Sergeant, H). About 11 p.m. on September 17th I was at the corner of Crispin Street, which is close to Dorset Street—there was plenty of light there—there is a public-house at the corner, the lights were alight—I saw the prisoner struggling with the prosecutor and two other lads—the prisoner had his left arm round the prosecutor's neck, and with his right hand he gave him a severe blow in the right ear—I ran up to them, and they all ran away—I chased the prisoner on to the first-floor landing of a house in a court—I did not lose sight of him from the first—he had clenched in his right hand 2s. in

silver and 6 1/2 d. in bronze—I took him to the Commercial Road Police-station—when the prosecutor saw him he said, "That is one of them"—before the Magistrate the prisoner said that he admitted stealing the money, but did not assault the prosecutor, and he wanted it settled there—the prosecutor's right ear was swollen.

The prisoner's statement before the Magistrate:"I did not put my arm round his neck or hit him. I only got the money off him which the officer found. I want you to settle it here."

The prisoner, in his defence, on oath, said that he saw the other men struggling with the prosecutor as he was passing, and that he ran over to them and put his right hand into his left pocket.

GUILTY . †—He then PLEADED GUILTY to a conviction of felony at Worship Street Police-court, on February 17th, 1899. Two other convictions were proved against him.— Twelve months' hard labour and twelve strokes with the cat.

666. SIDNEY CLARKE, Stealing a bicycle, the property of Charles Bull.

MR. LE MAISTRE, for the Prosecution, offered no evidence. NOT GUILTY .

667. WILLIAM PRITCHARD LEECH, Unlawfully omitting to discover to the Trustee in his bankruptcy all his property.

MESSRS. AVORY, MUIR and BIRON Prosecuted, and MR. CANNON Defended.

GEORGE INGLIS BOYLE . I am a messenger at the Bankruptcy Court—I produce the file in the bankruptcy of William Pritchard Leech—he was adjudicated bankrupt on December 5th, 1899, upon his own petition, filed upon that day—the statement of affairs was not filed till June 15th, 1900—it shows a gross liability of £944 0s. 4d. and a deficiency of £76 19s.—sheet H of the statement of affairs is headed "Property: full particulars of either description of property not included in any other list are to be set forth in this list." "Cash at bankers, nothing. Cash in hand, nothing," etc.—then there is a list of other property which does not include any debt due from Mr. Gillett—the sheet is signed "W. P. Le✗ech," and dated June 15th, 1900—the public examination of the bankrupt is upon the file—his assets were £867 1s. 4d., which would cause a deficiency of £76 19s.—the statement of affairs consists entirely of stock, trade fixtures, and the value of interest in public-houses—the public examination is signed upon every page by the bankrupt as correct and sworn—the public examination was held on July 6th, 1900—he was sworn a week later, on July 13th—(The public examination of the prisoner was then put in and read, in which he swore that he did not know what had become of £1,000, which was not entered in his pass-book, but which was due to him from Mr. Gillett, and that his mind was a blank in regard to £940 5s. 3d. which was due to him from a Mr. Truman.)—I have on the file a certificate from Dr. Huddow, dated March 2nd, 1900, certifying that the prisoner, in his opinion, was quite unfit to attend court or give evidence.

OLIVER LAMBERT RUSSELL . I am an examiner in the Official Receiver's department in bankruptcy—on December 6th, 1899, I took part of the preliminary examination of the prisoner in his bankruptcy—Question 11 is: "What money had you in your possession or under your control

at the date of the receiving orders? A. The takings, whatever they might have amounted to, at the various houses"—the date of the receiving order is December 5th, 1900—Question 13 is: "State shortly the amount of your assets, and the amount you believe the same will realise? A. Nil"—No. H. is: "Have you any book debts? A. Nil"—he did not disclose any debt to him of any sort, or the possession of any property at all, except as disclosed in the answer, "the takings at the various houses."

Cross-examined. The debtor applied for assistance in making out the statement of affairs—assistance was made by an order of December 13th—the reason in the affidavit was: "I am now ill in bed, suffering from sciatica, and my doctor will not allow me to get out of bed"—that was sworn at 14, Stanhope Terrace, Kensington—I have got the private examination of Mrs. Leech—she was examined on April 30th—John William Truman was also examined on the same day.

JOHN WILLIAM TRUMAN . I am an auctioneer, of 19, Hart Street, Bloomsbury Square—I have known the prisoner some years—I have been engaged with him in the sale and purchase of several public-houses—in November, 1899, he was interested in two or three public-houses—the prisoner was mortgagee of the Portland Arms, Great Portland Street—on November 23rd, 1899, he sold his interest in it to me for £1,000—that was the result of some negotiations which had been going on for some time—I paid the £1,000 to him on that day by two cheques, one for £940 5s. 3d., and the balance by another for £54 7s. 6d.—the £940 cheque is drawn on the Capital and Counties Bank, Oxford Street branch—it is endorsed by the prisoner, and has been paid (Produced)—it is an open cheque—I did not cross it, as he had agreed to take my cheque, otherwise I should have paid him cash—I handed it to him at my solicitors' office, Messrs. Routh, Stacey & Co.—he appeared to be in his usual health at that time, I did not see anything the matter, with him—I saw him occasionally after that—I remember seeing him on November 30th at my office, when he did some business with me—I executed an assignment—he appeared to be all right at that time—I was also concerned in the sale of the White Hart, which was sold by the prisoner to a Mr. Gillett in the early part of 1899—the prisoner had a joint mortgage with me on it, and I bought him out—I paid him £6,000 for his interest in it in June or July, 1899; I knew of nobody else with him in the matter—I first saw him ill at his house about the second week in December; he was in his bedroom—I knew he had filed his petition—I first knew he had done so when I saw it in the paper—I did not see him on December 5th—when I saw him a week before Christmas, I did not discuss his bankruptcy with him—I heard he was very ill, and I went to see him—he told me then that he had been to the Bankruptcy Court that day—he did not say what he was suffering from, but I knew he was suffering from neuritis—he lost the power of his legs.

Cross-examined. After his illness he called upon me with somebody who he said was in charge of him, as a nurse—I noticed a falling off of his mental powers in December; that was the first time I noticed anything the matter with him—I think he drank a fair share of liquor; I think he drank more than was good for him—the first transaction he had in connection with public-houses was in respect to the Britannia—I acted

on Mrs. Leech's behalf in the purchase of that house; that was in 1894—the house was in her name—I do not know if there was a profit on it—I do not know what they gave for it; I understood it was a very satisfactory sale—I think I gave Mrs. Leech £2,000, but I cannot say for certain; it might have been more—if I said £2,248 in my examination before, that would be correct—the next purchase I acted in was the Cleopatra—I do not know who took the cheque for £940 to the bank; my clerk did not do so—nobody except the solicitor was present when I gave the prisoner that money—he put it in his pocket.

Re-examined. I think I saw the prisoner two or three times during January at my office—I do not remember discussing business with him then; he seemed very poorly—I have seen him unable to carry himself properly because of drink, but not so bad that he did not know what he was about—I should not have transacted business with him if I had thought he was drunk—he was sober on November 20th, and in his right mind.

CHARLES JOHN WILLIAMS . I am a clerk in the Accountant's Bank-note Office in the Bank of England—I produce four £50 notes, dated April 26th, 189✗8, numbered 47178 to 47181—they reached the Bank on November 28th, 1899, and were cashed in gold over the counter by T. Swif✗t, 48, Finsbury Pavement—I also produce four £10 notes, dated January 18th, 1899, numbered 83752 3-4—they reached the Bank on December 8th, 1899—they bear the stamps of the London and County Bank, Southend—I also produce a £10 note, 83751, which reached the Bank on February 22nd, 1900, which was paid in by the London and County Bank, Watford—I also produce a £20 note, dated January 14th, 1899; No. 12419, which reached the bank on July 13th, 1900, and bears the stamp of the London and South-Western Bank, Notting Hill Branch—I have made a search for six £50 notes dated April 22nd, numbered 47182-5 and 61401-2—they have not reached the Bank—the total amount paid in is £260.

HERBERT GEORGE KOZHEBAR . I am manager at the Capital and Counties Bank, Oxford Street Branch—Mr. Truman is one of our customers—this cheque was cashed at our bank on November 24th, and was paid in notes and gold, the particulars of which are on Exhibit 2.

Cross-examined. I cannot remember to whom the cash was paid, or if it was endorsed in my presence.

THOMAS CHARLES SWIFT . I am a public-house broker, of 41, Finsbury Pavement—I have known the prisoner 18 or 20 years—on November 28th, 1899, I received four £50 and three £10 notes from him—he wanted cash for the four £50 notes, and the three £10 notes were in settlement of an account I had against him—he gave them to me at my office—he appeared to be well then—I did not notice anything the matter with him—Finsbury Pavement is only a few hundred yards from the Bank of England—he said he wanted some cash and I said I would go with him to the Bank, and we both went in—I do not know why he could not go by himself—he handed me the notes in the Bank, and I cashed them—he did not give any explanation why he could not cash them himself—I endorsed them all—I paid the three £10 notes into my bank at Southend—I saw the prisoner after November 28th—he used to call in from time to time—I saw

him right up to last June—part of the time he was very ill indeed—I should think he was suffering from the effects of drink—I did not discuss much business with him till after he got better—I cannot say I ever saw him drunk, but he seemed in a very bad state of health—on December 5th he told me he had filed his petition—I told him he was a madman to do such a thing—he was in no trouble at all, there was no necessity, I am certain, and what he did spoilt the sale of two houses—I went through what he owed—he owed hardly any money—I know he had £6,000 or £7,000 invested—he said something about being pressed by Buchanan's, and he did not think it fair that they should step in—on February 16th, 1900, I wrote this letter to him—he was then quite capable to do business, and was very anxious to know how things were going on—they had a keeper for him—this (Produced) is a doctor's certificate, dated March 2nd, stating that he was in such a state of health that he could not attend the Bankruptcy Court—I believe this is a telegram to me from Mrs. Leech—I don't remember receiving it; it is directed to me—(Read: "Tell Leech return at once to Royal Oak Station. Will meet him. Doctor must see him personally before giving certificate.—LEECH ")—I cannot say if I told the prisoner to return at once; I have no recollection—the telegram may have come to the office, and the clerk might have opened it, and if the prisoner had come in they would have given it to him—this letter of August 12th, 1900, is written by me to the prisoner—(Stating that a solicitor had been to see the witness, and telling him that he had changed four £50 notes at the Bank of England on November 5th, 1899, for the prisoner; that the witness did not recollect it, and asking the prisoner if he could call it to mind.)—his wife answered that—I wrote to the prisoner again on August 23rd—(Stating that the solicitor for the trustee had called upon him.)

Cross-examined. I knew the prisoner before his marriage—when I purhased the Britannia he had no means personally—I bought it for the wife—the deeds and the licence were in her name—they kept the house about six years—they sold it, and made something like £2,500 out of it—about Christmas the prisoner was in a fearful state—I did not think he would get over it—I think his state was the result of drink.

ANNA LOUIE SNOWLEY . I am a clerk in the post-office at 16, Ladbroke Grove, North Kensington—this £20 note was paid in exchange for a post-office order for £17 10s. on July 10th—I have seen the prisoner in the shop, but I do not know if it was he to whom I issued the order.

ALFRED THOMAS DUMMEL . I am chief clerk at the London and County Banking Company, Limited, at Watford—this (Produced) is the paying in slip of a customer of ours, Mr. Simmons—there is one item, "Note £10"—this note, No. 83751, for £10, is the note which was paid in.

LANCE TAPLEY SIMMONS . I keep the Three Compasses, Watford—this paying in slip relates to my banking account—I remember paying in a bank note for £10 which I had from Mr. Gillitt, of the White Hart, in London.

JACOB GILLETT . I keep the White Hart, in Bidston Street—I remember cashing a £10 note with Mr. Simmons—I got it from my wife.

EMMA SUSANNA GILLETT . I am the wife of the last witness—on February 16th or 17th I handed him a £10 note—I got it from the

prisoner about the first week in December, as near as I can remember—he gave it to me personally—I changed it for him at our house, where he was taking refreshment—he was complaining of his knees giving way.

JACOB GILLETT (Re-examined). I purchased the White Hart, through Mr. Truman, from the prisoner—I have sold it now—I gave a bill of exchange for £1,000 to Mr. Leech in May, 1899—the prisoner had an interest in it, which he sold to Mr. Truman—I gave a mortgage to Truman and the prisoner for £10,000—I lost £1,500 over the house—Mr. Truman drew up a bill in his office and gave me his cheque for £1,000—I still owe Mrs. Leech £1,000—I know that £940 odd is said to have been received by the prisoner on November 23rd and 24th, and that £640 has been traced—I had the balance in my possession—£190 in notes, and £10 in gold, was brought to my house the day after the prisoner was given into custody—it was left with my daughter in my absence—I took the money back to Ladbroke Grove; I saw the prisoner and his wife, and handed them over the money; I said I did not want to be mixed up in the matter, at all—I said I should not be responsible for the money, and they had better take the blame, and that I could not keep the notes, because the prisoner was in the Bankruptcy Court—the prisoner said, "Quite right, old man"—Mrs. Leech said, "They are not Mr. Leech's notes; they are my notes"—I said, "I don't want anything which belongs to you; I won't have them on the premises"—I had some more of the prisoner's money about a fortnight before Christmas—I sent him down some men, and he handed me some notes and said, "Take care of those"—that was in my house—he was not as sober as usual; he knew what he was doing—the amount he handed me was £660, all in notes—I kept them about a month, I think—I knew he had filed his petition, but he made me believe that there was plenty of money to come out of the estate to pay every creditor off—I took them back and handed them over to the prisoner himself at his house at Ladbroke Grove—he was quite sober then; he was out of bed and going about—he did not give any reason why he wanted to deposit any notes with me.

Cross-examined. I did not take the numbers of the notes; I did not know what notes they were, or where they had arrived from.

By the COURT. I think they were principally £50 notes—I did not look at them; I just went over them; I did not take any notice of them.

JOSEPH WEBSTER . I am a licensed victualler—I have known the prisoner about six years—I sold him two houses—I borrowed £50 off his wife about six weeks ago, and since then the prisoner came up with a letter from his wife for the £50, and I paid it to him in cash—I think his wife paid me the £50 with six £5 notes and two £10 notes—I did not have the numbers.

EDWARD WILLIAM NYE . I am a clerk, and also agent for the Kent Life and Fire Assurance Company, and live at 72, Melody Road, Wandsworth—the prisoner had a policy upon his life and upon the life of his daughter—these post-office orders were sent to me, I believe, by Mrs. Leech in payment of the two premiums.

Cross-examined. I believe the premiums were generally paid by Mrs. Leech.

WILLIAM DOUGLAS . I am managing clerk to Mr. Allingham, solicitor, of 20, Bucklersbury—he was solicitor to Messrs. Buchanan in an action against the prisoner—I called upon him on December 5th in reference to that action—he discussed terms of payment with me—the action was to recover £269 for goods supplied—there did not seem to be anything the matter with his mind; he discussed matters very clearly—Mr. Moore was appointed trustee to the bankruptcy, and Mr. Allingham was appointed solicitor to the trustee—I called on the prisoner on March 12th, 1900—he was out—I called again on March 14th—I saw him and his wife—he was perfectly clear.

Cross-examined. The subject of the conversation was his public examination—he said he thought he had got to go through with it, and the sooner the better—he promised to see his trustee—I went with the object of seeing how he was.

HENRY LEICESTER HEYES . I am managing clerk to Mr. Edward Cecil Moore, who is trustee in the prisoner's bankruptcy—I have had the managing of the bankruptcy—I have examined the pass-book of the prisoner's account at the City Bank, and of Mrs. Leech at the South-Western Bank—I have made out a statement (Exhibit 13) showing the payments into the accounts—the total payments into Mrs. Leech's account from October 21st to November 14th was £282 in notes and gold—in October to the prisoner's account, £285, and in November only £35 was paid in—I produce the counterfoil of a cheque dated May 18th, 1899, from Mrs. Leech's cheque-book for £1,000, payable to Truman—at the bottom there is "For G."—on May 20th there is an entry showing the payment of that cheque—on May 11th, 1899, I find that there was a payment into her account of £1,050—in the prisoner's pass-book I find that on May 11th £1,050 was drawn out of his account by a cheque payable to "self"—the cheque for £940 5s. 3d. was never disclosed to the trustee or to me by the prisoner—I questioned him about it, he said he knew nothing about it—he gave an explanation which seemed to be feasible; he said it was his wife's money—on September 4th I went to Ladbroke Grove and questioned him about the £900—his wife was there—I was with Mr. Douglas—I said it had come to the trustee's knowledge that certain notes and the proceeds of a cheque given to him by Mr. Truman had been cashed, and we had ascertained that it had been cashed principally in notes, that some of them had been traced through him or his wife, and I demanded the balance of the notes—I gave him a written demand for it—he said, "I do not know anything about it, and have no recollection"—that was after he had been publicly examined—he did not disclose the £1,000 from Mr. Gillett as a debt—it was not in his sworn statement of affairs.

Cross-examined. I was not present when Mrs. Leech was examined on April 3rd—I did not read the whole of her examination—this pass-book was handed to me by the police.

FRANK DOWDELL . I am cashier to the trustee in the prisoner's bankruptcy—on December 7th, 1899, I attended at the Bell Tavern, Basinghall Street, to take possession on behalf of the trustee—the cash tills and racks were emptied in my presence—the amount was £14 3s. 9d.

SIDNEY ALBERT CLEMENTS . I am a public-house manager, employed by

Mr. E. C. Moore in the prisoner's bankruptcy—on December 7th, 1899, I went to the Crown public-house, Stanhope Terrace, to take possession on behalf of the trustee—I examined the tills and cash racks, and took over £5 3s. 6d., which they contained—the prisoner was there—I said to him, "There is not enough here to go on with"—he said that that was all he had—his wife was there—I asked where the takings for the day were, and said that there must have been some change on the change rack, and where was that—Mrs. Leech said it had been used for the petty cash during the day—the total amount I received when I took possession was £10 10s., and I gave a receipt for it.

EDWARD CECIL MOORE . I am a chartered accountant, and the trustee in the prisoner's bankruptcy—he never handed me £944 in money—he did not disclose to me any part of £1,050 which was a debt to him.

Cross-examined. Personally he did not disclose anything at all.

ALFRED WARD (Detective Sergeant). About 8.30 p.m. on September 20th I saw the prisoner at 242, Ladbroke Grove, Notting Hill—I told him I was a police officer, and had a warrant for his arrest; I read it to him; it charged him with offences under the Bankruptcy Act, and related to £940—he said, "I don't know what you want to do that for"—I took him to the Police-station, where he was charged—the charge was read over to him; he made no reply—I searched his house and took possession of some books and documents.

GUILTY on all Counts excepting the 4th and 6th (those relating to the £1,000).— Four months in the second Division.

668. JAMES STICKINGS (35) and JOHN THOMAS REEVES, Unlawfully conspiring with other persons unknown to defraud J. & J. Lonsdale & Co., Ltd., and other persons, of their property.

MESSRS. MUIR and STEPHENSON Prosecuted.

JOSEPH VINCENT LEARY . I am manager to J. & J. Lonsdale & Co., provision merchants, of 62 and 64, Tooley Street—on May 1st, 1899, Stickings came and said he was a small wholesale man, and had been recommended to come to me by Reeves to buy a feew cheeses—I sold him 10 boxes of cheeses, value £18 13s. 2d.—I was to be paid in a month—I delivered the cheeses the same day by Carter, Paterson's—I sent four statements of account to Stickings, I sued him and got judgment—I got nothing else—between July and the beginning of August I saw Reeves—I do not remember having seen him before—I complained to him that Stickings had not paid me, and appeared very indignant with him, and said he must pay.

Cross-examined by Reeves. We have been friends 16 or 18 years.

AMOS DUDMAN . I am an inspector employed by Messrs. Carter, Pater son & Co.—this collecting-sheet, dated May 1st, 1899, shows that 10 cheeses were collected from 10, Tooley Street, and this is a delivery-sheet of the same day, showing that they were delivered at 10, Southampton Street, Hampstead—the sheet is signed by "F. Stickings."

JOHN WILLIAM SHORT . I am a carman, employed by the Great Central Railway Company—in May, 1899, I was employed by Carter, Paterson—I delivered the goods referred to by Mr. Dudman at 10,

Southampton Street, Hampstead—I saw a female and two children there—there was no stock there.

THOMAS BUCHANAN TOPPING . I am a commission agent for Messrs. C. R. Topping & Co., provision merchants, of Belfast—in January, 1899, I had a letter from my firm, and consequently saw Reeves—he said he could introduce me to the very best customers in the trade, safe men, and reliable to do business, with—I got an order for five barrels of lard—I refused to deliver them without payment in advance—the customer's name had been given to me, and I had made inquiries—I was paid, and I delivered the goods—I saw Reeves afterwards, and he took me very sharply to account for asking for cash, and said it was no good trying to do business in that way—in July, 1899, I paid Reeves his commission of 10s.—he afterwards sent me Stickings, who gave me an order amounting to £5 17s.—I gave him a delivery order, and he promised to pay within the month—after that I called upon him for payment about 15 or 20 times—I very seldom got admission to his house, but one morning I saw him—he said, "You will not get your money any sooner by coming to me in this way," and I never did get it—there was never any stock there—very often there were some little boys there, and sometimes a woman—after this I met Reeves—he had introduced about five customers to me—only one of them paid—I saw Reeves in August and September, and between October 1st and 10th I met him, when I told him that Stickings, to whom he had given a tremendously high character, among others had not paid his account, which was then three months overdue—I said, "What am I to do?"—he said, "You know what to do; take them into the County Court"—I said, "What is the use of that, when some of them have gone and cannot be found, and others have not visible means? My opinion is, the whole thing is a swindle, and these men are your confederates"—he said, "I won't allow it"—he had a stick in his hand, and I had to go up to Smithfield Market and into a house to get rid of him.

Cross-examined by Reeves. The first order was paid for, because I got the money before I delivered the goods—we were prosecuted for selling adulterated lard.

EDWIN ROBERT MELVIN . I am a clerk in the employment of the Clyde Shipping Company at St. Katharine's Docks—on July 14th I received a letter purporting to come from Stickings & Co., and at the same time I received this delivery order for six boxes and three kegs of lard—I delivered the goods accordingly to our carman, Henry Thomas.

HENRY THOMAS . I am a carman employed by the Clyde Shipping Company—I delivered six boxes and three kegs of lard to the address of Ramsey, High Street, Edgware Road, on July 14th.

CARL DREYER . I am a provision merchant, of Thames Chambers—about October 10th the two prisoners came to my place—I knew Reeves by sight—he introduced Stickings as a small wholesale, respectable man who wanted to buy 50 Dutch cheeses—I had not them in stock—I had some farmers' cheeses, and Stickings asked for 25 of them—I asked him how he paid—he said he would pay in a fortnight—Reeves was rather surprised I should ask such a question for such a small matter—I gave Reeves the delivery order to obtain them—on October 24th, 1899, I wrote to Stickings, asking for a

remittance, and enclosed my account for £6 16s. 4d.—I wrote on two occasions—I never got my money or any answer—the price per cwt. of the cheeses was 50s.

LEONARD WRIGHT . I am a clerk in the employment of Messrs. Joseph Barber & Co., Brewery Quay, Thames Street—Carl Dreyer gave this order for 25 cheeses, and I delivered them to the carman who presented it.

DANIEL REEVE . I am chief clerk in the employ of James Priestly, carrier, and on October 11th I delivered these cheeses mentioned in the delivery order to J. Coppin, of 50, Vassall Road, Brixton—he gave me a receipt for them.

JOSEPH COPPIN . I am a grocer and provision dealer, at 50, Vassall Road, Brixton—early in October, 1899, Stickings called on me and said he had 25 cheeses for sale—I agreed to buy 12—they arrived the same day—they weighed 1 cwt. 2 qr. 14 lb., and cost £3 11s. 6d.; that was 44s. per cwt.—I paid for them—the rest of them went away next day, some to a grocer at Peckham, and some back to Hampstead.

WIEBEVAN DER MEULEN . I am a provision merchant, of 9, Savage Gardens, Tower Hill—I have known Reeves several years—I saw him in October last year—he said he had a very good customer, a friend of his, who used to buy butter from the Irish creameries, but that the boat had not come in, and he wanted to buy five gallons, and that he usually bought five firkins a week—he said that his customer would pay in a fortnight—he asked me how much I wanted—I told him—he said he thought it would be too much, but, anyhow, he would fetch his friend in—he brought Stickings in, who looked at the butter—at first he said he could not pay the price, but, after a little bit, he bought five and a half firkins at 109s. per cwt., which came to £13 12s. 6d.—I gave him a delivery order—I believed the statement made to me that Stickings was a respectable man—Reeves has been in the trade almost all his life—the delivery order was addressed to Messrs. Barber—a week later, before the credit for the first order had expired, Reeves called on me again, and said he had had a letter from Stickings, who said he could do with another five firkins of butter—I had only three firkins, so Reeves said, "Well, we must make that do"—that was bought at 110s., which amounted to £8 5s., on the same terms, cash in a fortnight—this is the delivery order (Produced) to Messrs. Barber, which I handed to Reeves—he said he must have 2s. per cwt. commission, which I agreed to—I was never paid—I wrote, and the letter was returned marked "Gone away"—I sent my letter to Stickings on to Reeves, but it came back again.

CARSTEN SGHWINGE . I am clerk at Brewer's Quay—on October 20th, 1899, this delivery order was brought by Priestly's carman—I delivered the butter named in it to him—on October 20th, 1899, this delivery order was presented to me by the carman, and I delivered the order to him.

DANIEL REEVE (Re-examined). I delivered five firkins of butter to Mr. Coppin on October 20th—I got it from Brewery Quay.

JOSEPH COPPIN (Re-examined). Five firkins of butter were delivered at my shop on October 20th—Stickings called on the same day—he sold me one firkin for £2 5s.—that is at £4 10s. per cwt.—he afterwards sold me another 56 lb. of the same lot at £5 per cwt.—the remaining three firkins went away next day to Southampton Road.

DANIEL REEVE (Re-examined). I delivered three firkins of butter addressed to G. Brown, 383, New Cross Road on October 28th, 1899—this is the receipt for them, signed "T. Evans."

WILLIAM BATLEY . I am a traveller in the employ of the Van de Bergs, Limited, of 21, Mincing Lane, margarine manufacturers—on October 20th, 1899, I saw Reeves outside the egg market in Southwark Street—he had introduced himself to me first previously—he told me he had a good small wholesale man, who was buying Irish margarine butters from him, and he was anxious to buy margarine and mixtures from the manufacturers—he said the name was Stickings & Co., of Southampton Road, Hampstead, and he asked me what was the smallest quantity we would agree to send out, and also the prices—I asked him if Stickings was sound—he said, "Oh, yes; perfectly sound, or I should not be serving him myself"—he ordered 5 cwt. at 56s. per cwt., which was £14—I sent the order to our firm at Rotterdam, and the goods were delivered 14 or 15 days afterwards—the terms were a month, cash—about a fortnight after that I saw Reeves at the egg market, and he gave me another order for 5 cwt. of another quality of margarine—I wrote to Stickings and asked him to furnish me with the usual references or the cash for the previous lot that had been delivered—I received no reply, but when the goods arrived in London they were not delivered, and I wrote to Stickings, saying that we must have the cash before the second order could be delivered—he replied that the margarine had been bought at a month's credit, and he saw no reason why he should pay before—we did not deliver the second lot—the first order has never been paid for—I made several applications—I waited at the house, but only saw a female at the shop, and I was told that Stickings went out early in the morning and returned late at night—it was a fair sized shop—there was no stock there, but it had a good appearance outside—about January I saw Reeves, and asked him about Stickings—he said he had deceived him; that he had gone away, and he was in the same predicament as we were; that he had not been paid for his goods, and he could not tell where he was.

Cross-examined by Stickings. Your shop was got up as an ordinary wholesale dealer's, but there was no stock.

WILLIAM OSBORNE . I am a carman in the employ of Mr. Hawkes, carman and contractor—on November 3rd, 1899, I took 5 cwt. of margarine from the Minories, and delivered it to Stickings at Southampton Road, Hampstead—this is the receipt for the goods—I went into the shop—I saw no stock there—I saw some children and a female there, but not Stickings.

RALPH STRINGER . I live at 6, Worsley Road, Hampstead, and am managing clerk to Messrs. Cracknell, of Hampstead—I produce the agreement for the letting of 13, Southampton Road to Stickings for three years at £42, payable monthly in advance—the tenancy commenced on March 25th—he went in in February, 1899, and paid up to March 25th—on March 1st he paid £1 12s. 6d.—on April 13th we instructed our bailiffs to distrain for a month's rent, which was due in advance—on May 8th we got the rent from the bailiffs—on July 8th a distress was put in for one month—on July 26th a distress was put in for two months, and there was a sale—the net result so far as the

landlord was concerned was 6d.—£3 6s. was realised, and the expenses came to £3 5s. 6d., because Stickings applied for the 15 days' extension—in September an action was commenced for possession—Stickings continued in possession without paying any rent up to December 7th, 1899—he went out owing £24 14s. for rent alone—I visited the shop about three times—I never saw any stock there—I saw one chair on one occasion.

Cross-examined by Stickings. You paid four months' rent.

GEORGE WALLACE . I had a warrant for Stickings' arrest on July 17th last—I endeavoured to execute it—I was unable to do so before October 3rd, when I found him in custody at Penge—I told him I held a warrant for his arrest, charging him with conspiring with others to obtain goods on false pretences—he said, "Yes, I am surprised you came down for me; all I have bought I have bought in the way of business"—some of the other persons were arrested and tried at the last Sessions (See page 699)—383, New Cross Road was the address of one of the prisoners tried then.

Cross-examined by Stickings. I do not think you were living at Beckton, or I should have found you—your children were there, but you were not.

Stickings, in a written defence, said that there was no stock at his shop because he sent all his goods direct, and that he would have paid for everything he had bought, but had made several bad debts, and could not do so. Reeves, in his defence, said that he did not know that Stickings would be unable to pay, and that an agent cannot be made responsible for all their customers.

GUILTY .—STICKINGS— Three months' hard labour. REEVES— Six weeks' hard labour, to run concurrently with his sentence at the last Sessions.

669. ALFRED SAMPSON (52) , Attempting to carnally know Rose Gardner, an imbecile woman.

GUILTY .— Four months' hard labour.

NEW COURT.—Thursday and Friday, November 1st and 2nd, 1900.

Before Mr. Common Serjeant.

670. ANGELO RENALDI (19) , Feloniously wounding Antonio Notari, with intent to do him grievous bodily harm.

MR. HARRISON Prosecuted, and MR. SHERWOOD Defended, and the evidence

was interpreted to the prisoner.

ANTONIO NOTARI (Interpreted). I am an ice-cream vendor, of 37, Bramley Road, North Kensington—on September 4th I first saw the prisoner at Westbourne Park Station—he said, "This is my place," but I have been there many times in the period of five years—he said that if I came again to his place he would give me something—on Wednesday, September 5th, the police sent us both away, and I started to go home at 9 or 9.15, but the prisoner was waiting for me in Lancaster Road, and gave me a blow with a cudgel on my left shoulder and the calf of my leg—the stick broke on my shoulder—I put up my hand to protect my head, and

got a cut on one of my fingers—he then drew a knife from his trousers pocket, I saw him open it, and he gave me a stab behind my ear—it was a walking stick, not a very strong one—I fell to the ground, and he ran away—a person named Barding was in Lancaster Road at the time—I mean Grecko, the witness, and no one else—I went to Notting Dale Police-station, and was examined by a doctor.

Cross-examined. I did not know the prisoner before September 4th—I did not know him as a man who was in the habit of selling baked potatoes—this was not his pitch—he was not there before me on the 5th, nor did a constable decide in his favour and against me; he moved us both from the pitch, but he told me to go away first, and I was angry about it—I was not angry with Renaldi, nor did I have words with him on my way home—I did not strike him first—I saw him come behind me and strike me—I am certain that I saw a knife—I saw him take it out of his pocket; he was behind me then, but I could see him because we were both standing in front of each other—Bassillio Greco was there when I was struck—he went to call a policeman—he was on the opposite footpath—I have known him some 10 months, he is my partner, and had been out with me that night to sell ice-cream—I did not call the prisoner a bastard or any names; I had not said a single word to him—Greco was going home with me when it happened—I was well enough to be out of doors and about my business the next day—I do not know Henry Taylor—(Henry Taylor was brought into Court)—I do not know him—he was not there at the time of this quarrel—I am sure this affair took place after 9 o'clock—nobody spoke to me during this affair—I do not know Sampson's, a baker's shop, there.

Re-examined. I was only in Lancaster Road once that evening—I was struck in the centre of the street, not at one end.

By the JURY. There are not two bakers' shops in Lancaster Road

BASILLIO GRECO (Interpreted). I am an ice-cream vendor, of 12, Bramley Mews, Notting Hill—on Saturday, September 5th, at 9 p.m., I saw the prosecutor and prisoner in the centre of Lancaster Road—the prosecutor was walking; the prisoner had a stick or cudgel in his hand, and went up to the prosecutor and struck him twice with it—the prisoner was coming from behind him—I did not see what happened to the stick—the prisoner then put his hand in his pocket, opened a knife, and struck him on the right side of his head—I was 12 or 15 yards from them—I went two or three yards further on, and as I had a parcel I was afraid he might kill me, and went away—I saw the prisoner go away.

Cross-examined. I do not know Henry Taylor—nobody else was there when the blow was struck—I ran for a policeman, but could not find one, and went home—I did not return to see what became of the prosecutor—he is not a friend of mine, nor do we work together—I know him, and that is all—I have known him 10 months—this assault took two or three minutes—I was returning home from Portobello Road—I had not been out with Notari or Renaldi on the same pitch that night—I had been following them down the road four, five, or six minutes—I was on one side of the road, and they on the other—I went away both to find a policeman and because I was afraid—I saw the prisoner run away, but was afraid he would turn back and wound me as well, and when the

prisoner went away Notari went away as well—I am sure this was as late as 9 o'clock—I had no reason to notice the time, but know it was 9 o'clock because it was very dark—I saw nobody else there that night—I did not see Henry Taylor—I saw Notari the next day, and talked to him about it because he was bandaged up—he saw me at the time of the assault, and I said to him, "I must go and call the police"—it is true that I was there at the time of the assault—my son was married that day at 11.30 a.m.—I went to marry him, and returned at six—I know a place at Hammersmith called the Plough and Harrow, where they sell sweets—I do not know that young woman (Rose Tringle) at all—I did not see her at the Plough and Harrow that night towards 8 p.m., nor between 7.45 and 8, nor at all—I did not tell her about my son's wedding; I did not see her, so how could I tell her?—I did not tell her that I was going to Trafalgar Street to take part in the festivities.

EDWARD PITTAWAY (Policeman X). I arrested the prisoner on September 10th—I read the warrant to him, and again at the station.

Cross-examined. He has a wife and children—there is nothing against him but an assault—I had no difficulty in finding him.

ROBERT ALEXANDER JACKSON . I am divisional surgeon of police—on September 6th, shortly after midnight, I saw the prosecutor at Notting Dale Police-station—he was sober—he had an incised wound 3/4 in. long behind his right ear, penetrating to the bone, two small cuts on his left hand, a bruise on his right shoulder and left leg—it was a clean cut behind his ear, done by a knife.

Cross-examined. I do not think it was done by a stick—it was not dangerous, but if it had been a little lower it might have cut an artery.

The prisoner, in his defence, stated, on oath, through the interpreter, that they had a dispute about a pitch, and a policeman sent them both away, after which the prosecutor used bad words and kicked him, upon which he gave him a cut with a stick, which broke at the first blow, and then struck him with his fist, and gave him another blow with the half stick, but that he had no knife, and never used one; that a lady and gentleman came up and told them to stop, and then they each went different ways.

Evidence for the Defence.

HENRY TAYLOR . I am a plasterer, of Wheatstone Road, Notting Hill—I only know the prisoner and prosecutor by seeing them in the street—I am not a friend of either—I saw them in Lancaster Road on September 5th, between 8 and 9 o'clock—their language was rather peculiar, and I thought there was going to be a row—they stopped near a baker's, and began pushing one another about—the prisoner had a stick, and the other had none—Notari kicked Renaldi on his leg, and Renaldi struck him one blow across his head and shoulders with the stick, and broke it in two—they went on pushing one another about, and Notari got the prisoner's finger in his mouth and bit it—Renaldi then hit me two blows across my head with the remainder of the stick—this took four or five minutes—I did not interfere—a lady and gentleman came up, and the gentleman said, "What are you doing? you will get locked up"—I saw no knife used, or any sharp instrument—I saw a boy and girl near—I did not see Greco there or a man with a parcel—I was standing behind them—I saw no one else behind them

Cross-examined. There was a barrow there—the prisoner was going first in Lancaster Road, and Notari caught him up, and they began to wrangle, but stopped—I followed them about 150 yards 20 yards off—there were lamps alight, but there are no shops in Lancaster Road—it is well lighted—I stood in a gateway—I did not speak to them because I know what the Italians are, and I thought if there was any knife I should be ripped—they were both sideways to me on the path, level—he kicked him between his legs, not near his private parts, but lower down, and bit his finger, but I do not know which hand—I do not know that he has never told you that—I was not before the Magistrate—I heard two young gentlemen talking in a public-house, and I went to the prisoner's house, and heard he was in custody for stabbing—I said that I was there and saw no knife at all—I have been waiting here ten days to give my evidence.

Re-examined. I have been under a subpoena to attend—I know the Plough and Harrow, Hammersmith—it is a public-house—I do not go there at all—it is three or four miles from the scene of this affray.

ROSE TRINGLE . I live at 28, Radnor Park, Hammersmith—on Wednesday, September 26th, at 7.45 p.m., I was at the Plough and Harrow, and saw that man (Greco) there—I recognise him because his son was married that day, and he came along with the wedding lot—I was there all the evening—he left at 8.30 with others.

Cross-examined. Greco did not speak English—I heard earlier in the day that it was a wedding—the Plough and Harrow is a long way from the Marble Arch—I know where I was on September 6th and on August 6th—I was at home on September 6th—I was first asked to give evidence a fortnight ago—Greco left the Plough and Harrow at five minutes to eight—I am quite sure that was the time.

Re-examined. I am not employed at the sweet shop—I was not in the public-house as a customer—I did not see in what direction Greco went to the wedding party.

E. PITTAWAY (Re-examined). The Plough and Harrow is three or four miles from Lancaster Road.

GUILTY of unlawfully wounding. — Four months' hard labour.

671. HENRY WILLIAM BUDGE PLEADED GUILTY to conspiring with John Roberts to obtain divers boxes of soap from Lever Brothers, Limited, by false pretences. (See next case.)

672. HENRY WILLIAM BUDGE and JOHN ROBERTS (61) , Stealing four boxes of soap, and within six calendar months eight boxes of soap of Lever Brothers, Limited. BUDGE PLEADED GUILTY .

MR. HUTTON Prosecuted.

THOMAS JAMES RISEBOROUGH . I am London manager to Lever Brothers, Limited, Upper Thames Street—Roberts has been there as store-keeper since August, 1899, and during the latter part of the year he acted as wharf manager—these bundles of dockets (Produced) are sent in by the travellers, and then sent into the stock department office, where they are put into loads, on green load-sheets—to each load-sheet there are two break-down tellers—the figures on each ought to agree as far as

quantity is concerned—they are then affixed to dockets to deliver next morning to the wharf foreman, into Roberts' hands—before the load sheet and the break-down tallies come it is the duty of the wharf foreman to put on the top of the sheet, in pencil, the name of the foreman who takes the load out; the green load-sheet and two tallies and the docket are then handed out to the man at the loophole, who tallies out the van—I hand the docket to the carman—the two break-down tallies are handed to two other men—the goods having been put on the van, the man who has been breaking down brings his tally, as also does the intermediate man, to the loophole, and the figures in the three are agreed—the carman signs for the quantities removed at the back of the load-sheet; the number of cases and the signature are always in the carman's writing—on August 14th the eight boxes of soap were worth £5 8s., and the eight boxes on September 1st £5 4s., being a different soap—the boxes weighed fully 1/2 cwt.

Cross-examined by Roberts. You can buy the soap in all the shops—it was the duty to take stock every night—the books were kept by the manager, but he left, and after that it was your duty to keep the stock.

WILLIAM GEORGE MEESHAM . I am a clerk to Lever Brothers—I prepare the load sheet and the break-down tallies—I prepared the load sheets and tallies of No. 375 on August 1st—they are all in pencil (Produced)—I see here certain alterations; 117 in ink is altered in pencil to 175; in the second line 19 is altered to 23, and 63 to 66—the alterations have been made in pencil and rubbed out, but 1 can see them—I am sure there were no alterations at all when I first saw this document; they were not made by me or seen by me at the time—I prepare these myself, and they are checked by my clerk, and handed through the loophole to Roberts—this (Produced) is the load-sheet of September 1st; I did not prepare that.

GEORGE JOSEPH RICHARD . I am a clerk to Lever Brothers—I checked the load-sheets 375 and 107—in 375 I see the alterations "19," "107," and "131"; those were made after my checking—it was passed through to Roberts—I can make out what the changes were; I see them on the break-down tally—the alterations were made in pencil, and rubbed out afterwards.

LOUIS WILLIAM COMYNS . I am warehouseman to Lever Brothers—it is my business to assist in tallying the goods from the loophole to the van—I made the tally of the goods on August 14th—on this green load-sheet, No. 375, the third "5" on the second line and the next to it, and the four strokes on the third line, and the figure "3" annexed to them, are not my writing—these pencil marks on my tally-sheet are not my writing—how they got there I do not know.

FREDERICK GENTRY . I am warehouseman to Lever Brothers, Limited—my duties are to give out the truck loads from the file—I see pencil figures on two of these break-down tallies—they were not made by me—62 is not made by me—they are nearly rubbed out—I made no pencil figures Over those ink figures—this is my sheet; it has my initials on it—our secretary signed the other.

JOHN MORTIMER . I am warehouseman to Lever Brothers—I was on

duty on September 1st—the pencil stroke on load-sheet 107, line 3, and the pencil figure in the total 131, are not my writing.

By the COURT. What I have written is either "130" or something more than 130, but not 131.

JAMES SPILLER . I am a lander out from the loophole to the van—on August 14th I saw that the break-down tally was altered—"Lifebuoy soap No. 19" was altered to 23 on both the sheets and the tally—in the next this 62 has been altered—first of all it was 66 in pencil, and then the pencil has been rubbed out—I was accustomed to go in and out of the office where Roberts was, and on August 15th I saw him rub the marks out which I pointed out to him.

Cross-examined. I first said that I saw you alter it when Mr. Riseborough asked me about it in the office, about August 4th, not August 14th. (The witness had an impediment in his speech, and the JURY stated that they could not understand him.)

HARRY WILLIAM BUDGE (The prisoner). I was a carman employed by Messrs. Webster, and was in the habit of going to Lever Brothers with my van—this is my signature on the back of load-sheet 375, and these figures are mine—they represent the number of cases 1 loaded on the van on August 14th—this is my signature on the back of No. 107 of September 1st—the figures represent the number of cases I had that day—on the first date the figures represent eight cases more than I had on the van—I took them to Muspratt's, at Holloway—his name was not given on the load-sheet—Roberts told me to take them there—he ran up to me that morning and asked me to do him a favour; I asked him what it was—he said, "To take four of the lifeboat and four of the unscented to Muspratt"—eight cases—I knew that they were not to be on the load-sheet—he gave me £4 for them at his house in the evening, not at the warehouse—we went outside and had a glass of beer—I gave him the £4, and he gave me a soveregin for myself—on September 1st I had eight extra cases—Roberts told me to take them the same morning, and told me to take them to Muspratt, as he wanted to help another foreman on the walk—I did so—the man had been very queer—his name is Belcher, and he was convalescent—I got £3 4s. for them, and took it to his place, and he gave me a sovereign.

Cross-examined. When we went down below at the Mansion House you did not say, "Jack, what do you mean by making a false statement like that?"—nor did I say, "To tell you the truth, I was dying."

FREDERICK HOLMES (City Police Inspector). I was at the station when Roberts was brought in—he had been charged with another offence on October 15th, and then this charge was made—I read the charge to him, and said, "Do you understand it?"—he said, "I do"—he said nothing else.

Evidence for the Defence.

FREDERICK ORME . I am a checker of the loads at the loophole—there are four loopholes, and a man at each—I get my orders from the office—any of the four men could alter a load-sheet, but I should not—I used to sort out the orders—Budge was away on August 1st—the number of the load has nothing to do with the name on the load.

By the COURT. The first man makes the longer journey, and starts first, and then I make out the second, so that the last man would have the shortest distance to go—Budge would be one of the people who came for orders—I only remember his coming once, but he came every morning—the vans would be drawn up and the goods passed out—as a rule, it was No. 4 or No. 8 that Budge took out, and then he would come under my loophole—they came up in their regular turn—I cannot tell whether Roberts would know when Budge was coming up.

Cross-examined. I have the break-down sheets and the loading sheets in my hands at once—I should bring them from the office and fill them up, and hand them round—when the load is filled up they are signed for, and I put them in the office—Roberts worked in the office—nobody else was working there when Budge was away.

T.J. RISEBOROUGH (Re-examined). The foreman knows who is the carman in order, and puts his name on the sheet—the contractor sends the lists down in the order in which he has made them out.

Roberts' Defence: The loading is done four and four; each man at each loophole is responsible for the loading of a van; the man takes the load-sheet and the two break-down tallies, and asks the carman what returns he has on; the intermediary man is in possession of their order, and they are taken off the van and checked; it is extraordinary that the intermediary man has not been produced, and there is no evidence of my writing Spiller says that he saw me rubbing out the figures on the load-sheet, but he did not discover that till August 14th, and I do not think you should notice such evidence; it is a matter of spite, as we have had differences, and there is no truth in Budge's evidence. I have been working in the same building since 1881.

ROBERTS— GUILTY .— Twelve months' hard labour. The prosecutor recommended BUDGE to mercy.— Four months' hard labour.

ESSEX CASES.

Before Mr. Recorder.

673. ELIJAH HAYES (58), ALFRED BRETT (46), GEORGE THEOBALD , JOHN BUSHER (35), and CHARLES WILLIAM LAWRENCE (31) , Stealing 28 cwt. of linseed oil, the property of Mason & Mason, Limited, the masters of Busher and Lawrence.

MR. WARDE Prosecuted, MR. LEVER appeared for Hayes and Brett, MR. J.B. MATHEWS for Theobald, MR. METCALFE for Busher, and MR. SELLS for Lawrence.

WILLIAM EUSTACE (Detective Sergeant). I am stationed at Forest Gate—on October 8th, between 4 and 5 a.m., I was in Dean Street, Odessa Road, near Theobald's stable, watching, with Sergeant Lidlow and Constables Marshall and Eltham—Hayes went to the stable with Brett and Theobald—Brett went into the stable-yard—about 5.15 Theobald left with a horse and covered van—we followed the van, not together, to Plaistow, to the rear of Mason's premises—the doors were opened by someone inside—he backed in, and then I saw Busher and Laurence in the works—that was about 6.15—they went into the warehouse

and rolled out five casks of oil into Theobald's van—Theobald then left the premises—there were eight casks in the van—three I did not see rolled in—Theobald then drove into Annie Street, and then into Barking Road—we followed him back to Forest Gate, two miles, and he went into the mews in Disraeli Road—Hayes was there—Theobald and Hayes removed two of the barrels from the van, and dropped them on some old sacking—they then left—Theobald led the horse, Hayes walking by his side—Lidlow then marked the two barrels in the mews—I followed the van, which went round Forest Gate to Theobald's stable yard—at 4 p.m. I went to Mason's works and saw Busher—I said, "I am a police officer; I saw you and Lawrence in the works this morning, and I saw Theobald back his van into the yard and load it up with eight barrels of oil; that oil was stolen"—he said, "No, you didn't; Lawrence told me the van was coming for empties, and so far as I know, that is all there was"—I said, "I saw you and Lawrence put the barrels into the van; you must have known whether they were full or empty"—he said, "I went to work about five this morning; Lawrence came about 5.45; I unlocked the gates at 6 to 6.30; the van came and backed into the yard, and I assisted him to put the five barrels into the van; he left soon after"—about 4.45 that day I saw Lawrence at his house—I said, "I am a police officer; a load of oil was taken from the works this morning; you were there to load it up; that oil was stolen"—he said, "Yes; it is the waste I had from the firm about six months ago; I took the liberty of rolling it from my yard across the firm's, to where the van was; I sold it to a man named Brett, of Forest Gate; there were eight barrels"—he lives in Annie Street, close to the works—I took Busher and Lawrence into custody—they were charged, and made no reply—I examined the two marked casks, and also the six in Theobald's van, in his presence—they contained oil—I took these samples (Produced) from each a day or two after, also from the tanks in the firm, one of raw oil and one of boiled, and one of foots.

Cross-examined by MR. LEVER. The casks are heavy; so if you have to drop two on the way it is necessary to send a man to assist—that is what Hayes did in the mews—I have known Brett for three or four years—he kept a shop in Vicarage Lane for a number of years in the same way of business—it is a main thoroughfare near the Town Hall.

Cross-examined by MR. MATHEWS. I had watched Theobald's stable previously to seeing him there—he went by an unusual route—I mentioned that before the Magistrate—I kept about 50 yards off—there were four of us overlapping each other, so that we were not seen twice—the mews is about 1 3/4 miles from Mason's—I know Wilson's oil and colour business in Disraeli Road—I believe the circuitous route was taken to avoid the police—his name was on the van, but it was not daylight when he left the works.

Cross-examined by MR. METCALFE. I think Busher said something about waste, and Lawrence used the word foots—they are synonymous terms.

Cross-examined by MR. SELLS. Detective Lidlow was with me—I believe Lawrence has bought old casks and iron from the works for many years, and sold to others—I do not know his custom—he said it was waste he

had bought from the firm about nine months before—Busher said he understood the van was coming for empties.

By MR. MATHEWS. I said before the Magistrate that I made inquiries of Middleton and Wilson, and gave figures showing that Middleton purchased of Brett in March last about £300 worth of waste oil.

Re-examined. Middleton is an oil and colour merchant, of St. George's Street, East—in 1898 he bought £259 5s. 4d. worth of oil and bees's wax of Brett, and oil and white lead of Wilson, of the value of £50 12s.—his place of business is in the mews, where the two barrels were dropped off—these purchases have been going on from 1899 to the present.

Cross-examined by MR. LEVER. Middleton & Sons are in a large way of business, and do a thoroughly respectable trade, and I had no difficulty in ascertaining that they were customers of Brett's—I found printed bill-heads of his—they knew him as a dealer, living in a small private house of about 7s. a week—he had a shop in Vicarage Lane nine or ten years ago.

LEWIS LIDLOW (Detective Sergeant, T). I am stationed at Forest Gate—I watched Theobald's stable with the other officers at 4.45 a.m. on October 8th—Hayes went to the yard gate—Brett came up after, and they went away—Theobald came up and went into the yard about 5.15, and brought out a van—we followed them to Mason's, Plaistow, and saw the van back into the yard about 6.15—at about 6.25 he came out, and Eustace followed him to Forest Gate—I went into the mews, and marked two of the casks—I then went to Forest Lane, and saw the van outside the house—Hayes was standing by the horse—Theobald afterwards came out, and went to the stable about 9.15—Wyman, with Hayes, entered the yard with two barrels of oil—at 2 p.m. we entered the yard and saw eight casks of oil, two of them still bearing my marks—I removed them to the station-house with the van.

Cross-examined by MR. MATHEWS. I have known Theobald as a respectable tradesman for 11 or 15 years—he is a greengrocer in Forest Lane—he owns a van for removing goods—I have seen him go to his place of business early in the morning—5 o'clock is not unusual.

Cross-examined by MR. SELLS. I am a policeman in the neighbourhood, and have known Lawrence a long time—he has borne an excellent character, I believe—he has traded as a job line trader at his house in Annie Street, near the Minories.

WILLIAM ELSOM (Detective Officer). I am stationed at Forest Gate—at 1.15 on October 8th I went to 46, Forest Street, Forest Gate, and saw Theobald—I said, "I am a police officer; I shall take you into custody for being concerned with other men in stealing eight barrels of oil from Mason & Mason, Limited, Plaistow, this morning"—he answered, "All right, Sir; I will go with you; this is all through Brett; I shall tell the truth; I have been getting it for him for months; I am not surprised at this; he wanted me to fetch it on Saturday afternoon at 4 o'clock, but I would not; I don't know how many times I have been, but several; he went with me the first time, and said, 'You will know where to come now.' I took it up to Middleton's, St. George's-in-the-East, the same day as we got it; sometimes Wilson had some; he had two this

morning; all I get is 10s. for the job"—I took him to Plaistow Police-station—he made no reply to the charge—at 6.30 the same day I went to 46, Forest Street, and saw Brett—I said, "I am a police officer; I shall take you into custody for being concerned with others in stealing eight barrels of oil from Mason & Mason, Limited, this morning"—he said, "I shall take all the blame on myself. I bought the oil of Lawrence, but I hare not had a receipt for it; Lawrence sold it to me; it is only foots that he gets off the firm; I am sorry for old Theobald; but I can square that up all right; I am no shuffler, and shall see them righted; I hear you have got my brother-in-law (Hayes); he knows nothing of it; only his mate tells him, and he just drops one down sometimes; they dropped two this morning, but the man wouldn't have them; I don't care about myself; is Lawrence arrested? I pay him 8s. per cwt. for it; I have had several lots; I am sorry this has happened; we ought to have known better and kept straight"—I conveyed him to Forest Gate Police-station, and afterwards to Plaistow, where he was charged—he said, "It is very unfair to call it linseed oil; I have bought it of Lawrence for years, and shall take all the blame on myself."

Cross-examined by MR. MATHEWS. The statement that I took down is as near as I could get it—I wrote it down in a very few minutes—at the Police-station, after my depositions were read over to me, I signed them as correct—I did not say before the Magistrate that Brett said, "It is only foots that they get off the firm."

JOHN MARSHALL (Detective Officer). I am stationed at Forest Gate, and watched Theobald's stable, and followed the van to Mason's—I returned, and Busher came out at the door where the oil had been rolled from, and I afterwards saw him in Mason Street going into the firm again—I looked over the fence and saw that water had been thrown down to hide the marks of the van, and I returned to Forest Gate—at 9.51 went to the mews in Disraeli Road—Hayes drew up in a pony coster barrow with Wyman—they took two barrels away in the cart, and drove towards Forest Gate—at 10.45 I met Hayes in Forest Lane—I said, "I am a police officer; you will have to come with me to Forest Gate Station, for being concerned with others in stealing oil from Plaistow this morning"—he said, "I know nothing about it"—I said, "I saw you and young William Wyman fetch two barrels away from Mason's"—he said, "You are mistaken; my brother-in-law pays me; he says to me, 'Do that,' and I do it; Theobald is the carman; a fine job this; I don't care; it isn't what I expected"—he was taken to the station and charged, and made no reply.

Cross-examined by MR. LEVER. Brett afterwards said, "Theobald and Hayes know nothing about it."

Cross-examined by MR. SELLS. I am a policeman at Forest Gate, but know nothing of Lawrence.

SPENCER WYMAN . I am a greengrocer, of 63, Field Road, West Ham—on October 8 th Hayes called on me about 8.15—I knew him by sight—he asked me if I would go and get two barrels—I said, "I have nothing but this cart to do them in," and I put the pony in, and drove off to the mews in Disraeli Road—I found two barrels there, and put

them in the cart, and drove off with Hayes to Forest Gate, thinking they were going to Brett's place—we went and had a glass of beer, and Hayes said, "You have got to go to Dean Street, Theobald's yard"—we pulled up at Forest Street, and he said, "You had better go on further"—he told me Brett would pay me—we took the barrels to Theobald's stable, and put them with the other six—I have not been paid.

Cross-examined by MR. LEVER. Hayes did not leave me in the public-house.

Cross-examined by MR. MATHEWS. Theobald's yard was not locked up.

ALONZ JERIMIAH DUNFORD . I live at 609, Barking Road, Plaistow, and am manager to Mason & Mason, Limited, printers' ink manufacturers, of Mason Street—up to the day of their arrest Busher and Lawrence had been in the employ of the firm, where Busher had been for six years as engine-driver and timekeeper—he packed the goods, and had all the keys, except of my private office and safe—he would have to clean out the office—it was his duty to be first on the premises—Lawrence had been in their employ, off and on, about 16 years—it has been a limited company about nine years—he was a labourer—linseed oil enters largely into the manufacture of printers' ink—there are several large tanks there—they are cleaned out about once in five years—the sediment at the bottom is called foots—this is a bottle of foots (Produced)—with the sanction of the company I sold foots to Lawrence, taken out five years ago—I should say it would be £2 a ton—about nine months ago the tanks were cleared out again, and he again purchased the foots at about the same rate—there would be about five barrels—we bought the casks to put the stuff into at about 3s. apiece—when the tanks were cleared out about nine months ago, we bought pipes—a pipe holds about half a ton—to the best of my knowledge, Lawrence put the foots into two pipes—my firm does not sell oil; they simply buy it for the business—neither Busher nor Lawrence had any authority to sell oil off the premises—we buy it of the manufacturers—these represent the raw linseed oil and boiled oil as they would be taken from the tanks—I have seen the eight barrels at the station-house—they are from my firm, and contain linseed oil—I did not see them sampled—it is necessary to the manufacture of the ink to boil the oil—we have to treat the raw oil—the eight barrels full would weigh about 28 cwt., and their value to us would be about £48—about October 4th Lawrence asked me to let him have eight barrels to make a load of empties up—he bought all the empties from us—I sold them to him at 3s. a barrel.

Cross-examined by MR. LEVER. Lawrence was with the firm before it became a limited Company—we placed every reliance on him—about 10 or 12 years ago, when he started with us, he had a very peculiar job that hurt his sight—he had to give it up, and we took him back some time after—he has been with us ever since—he had bought many lots of empty casks—he bought all the things from us that were absolutely no good to us—we buy the oil in casks, and do not have to return them—if he had told me he got oil from the foots I should have disbelieved him—I sold the foots with the knowledge that it was absolutely no good to the firm: I should have thrown it away in the field if I had not sold it—I should say both

these samples are equal in value—there are various values of linseed oil—my books do not show transactions with Lawrence—the moneys paid by Lawrence for these things off the factory were taken over by my principals for a fund for the workmen—there was nothing unusual in a van coming to Lawrence's premises—if a van came before business hours I should not take any notice of it—I had confidence in Lawrence that he would not take anything that did not belong to him—I should not be there—I arrive at 9 o'clock—my son comes about 8—up till then Busher has control of the yard, and can do what he pleases—I never sold oil through Lawrence.

Cross-examined by MR. METCALFE. I never had anything to do with Busher about these transactions with Lawrence—I should not doubt that he knew Lawrence bought the foots, or that he was buying empty barrels—it would be his duty if he believed that Lawrence was taking away empty barrels to let him take them—I have seen him take the barrels out, certainly—I should not think it wrong if the foots sold to him eight or nine months ago was on the premises on October 8th—I sold him about a ton, or two pipes—that would fill about five barrels.

Cross-examined by MR. SELLS. Our idea in letting Lawrence have these things was to sell them to other people at a profit, he having seven children; in fact we sold all our empties and waste to him for some years—it was known to all the hands—there are 34, including myself—I always understood that the pipes were drained, so that it was impossible for oil or sediment to be left in them—I have seen them drained, but not after they have been sold to Lawrence—I never troubled to examine them to see if they were empty—he had only got to roll them outside the gate—pipes and cases were delivered to Lawrence after he was arrested, and he was let out on bail—the casks were not paid for on October 4th—he promised to do so when he had sold them—I did not give information to the police—I explained to my principals some time ago that a lot of oil was missing through a tap having been let loose—the largest linseed oil vat holds about 10 tons—this sample looks like oil, it is not a sample of foots that I sold to Lawrence—foots is never like this; it is thick—I have sold old iron and belting, brass and tubs to Lawrence, turp. barrels—I deny that I ever sold him any ink, for him to sell to other people who were not printing ink manufacturers—I have nothing to do with the sale of ink; that is done in our City office—the oil is got out of the vats by a tap—this sample is not foots—I have no recollection whatever of being paid £6 for ink I sold to Lawrence—his wages were 22s. a week.

Re-examined. I have been about 22 years in the firm's employ—I was foreman first, and then manager—this sample is foots, or a residue of the linseed oil tank after about six years—some of it is worse than this—there has never been any oil on Mason's premises belonging to me—I have never sold any to Lawrence or anyone else—it would not be part of my business to sell printer's ink—it is sold at Poppin's Court, Ludgate Circus.

Hayes, in his defence, on oath, said that he was Brett's brother-in-law, by whom he was employed as a casual labourer; that he was employed on the morning of October 8th to meet the carman coming home, and to deliver two barrels of oil from the van, which he did, and had no idea that the stuff was stolen.

Brett, in his defence, on oath, said that he was originally an iron worker but was now a commission agent for various classes of goods; that he had known Lawrence for 10 years, who asked him if he could sell linseed oil extract from the "foots," and he said he could, and did so on commission; that one of the samples contained oil and "foots"; that some firms kept it in large tanks and heated it, so that the sediment went to the bottom, but Mason's were very neglectful in that, and that was how oil came from the "foots"; they could extract more than half of what was now in the bottle as "foots"; that there was no secrecy in disposing of the oil; that the extraction from the "foots" he called linseed oil, and it suited his customers; that when he sold it as "foots" he represented it as such, and that he had paid Lawrence about £2,000 for oil in the last 10 years.

Theobald, in his defence, on oath, said that he was a carter, contractor, and furniture remover, and had been in business 17 years; that he took the oil to Middleton, who carried on a large business as an oil and colour merchant, and to others, without any knowledge of its being stolen.

Busher, in his defence, on oath, said that he had been in Mason's employ six years, and had had the keys of the premises about five years; that his usual time to go to business was 5 a.m.; that he helped Lawrence load up the stuff, which he said he had bought of Dunford, and never knew there was anything wrong.

Lawrence, in his defence, on oath, said that he had been in Mason's employ 16 years, and was paid 22s. a week; that he had bought about 400 pipes from Dunford, supposed to be empty, and had got three or four gallons of the stuff out of each pipe.

A.G. DUNFORD (Re-examined). We do not employ a chemist—we get information from chemists to tell us about the oils.

WILLIAM EUSTACE (Re-examined). Lawrence's cottage is small—he has a horse and cart in the stable and about half a dozen pigs—I found no boiler in which he could boil the oil—there were two old pipes in the yard—it would take two men to roll a cask across the yard into Mason's premises—there was no mud on the casks—the mud in the road was about 6 in. deep—(A day's interval here took place)—I have now inspected the premises since the adjournment, and found two 18-gallon boilers lying in the yard—I said to the prisoner, "We did not see these when you were arrested"—he said, "No; they were covered with rubbish"—I found that they were covered with rubbish, and said to the prisoner, "I am quite satisfied, and am going to tell the Court that neither of these boilers has been used for months"—he said, "I have not used one for four or five months"—I said, "I saw this copper when I was here before"—he said, "Yes"—I said, "Can you show me anything else; any syphon or press, or anything you use?"—he said, "No, I cannot."

By the COURT. I went yesterday—you would require a very large fire in the yard to use these boilers—they were covered with rust outside and a substance inside—I said, "Will you point out where you had your fire?"—he said, "No"—I found a copper fixed, sunk in the ground, and said, "I saw this, and thought it was used for pig-wash"—he said, "Yes; that is what it is used for"—I asked him if he could show me any press, jelly bags, or syphons which had been used—he said, "No."

OTHO FLEHNER . I am an analytical chemist, of 11, Billiter Square, and

past President of the Society of Chemists, and public analyst for several Counties—until I was requested to make an examination I had no knowledge of the case—I am an entire stranger to Mason—I have had many years' experience in the analysis of oil—yesterday morning Mr. Store, the solicitor, handed me four bottles of oil and one of foots; two are labelled "Tank" and two "Van"—two of them contain golden, coloured oil and the others dark boiled oil—the fifth bottle has no description—the two golden samples are raw oil; they are not identical, they do not come from the same place; the two dark samples are boiled oil; they are not identical, but they are similar—they are ordinary samples of oil—two are foots—a very small quantity of raw oil can be separated from the foots by filtration—the sample I obtained produced an oil not of that kind, but it differed largely from the samples of raw oil; that is the only way in which oil can be extracted from foots; you can heat foots in a boiler and skim it off; I have done that, and failed to obtain raw oil of this nature.

By the COURT. I heated the foots, and a good deal of the solid fat melted; the oil was of a much darker colour than the raw oil, and approximated in colour—it was lighter than boiled oil, and much thinner than any of the oils here, boiled or raw; a good deal of solid fat was there when I warmed it; it has far less drying properties; in boiling oil it is treated with litharge or oxide of lead, and contains a little lead, and neither of these oils contains any lead.

Cross-examined. From my experience I come to the conclusion that these oils were not taken from the same tank, and they may be oil from different manufacturers—one method of separating oil is by using centrifugal machinery, or an exactly equivalent process would be allowing the oil to stand—I analysed the samples for metallic substances, but found none; no lead; that was because the foots was made from the boiled oil—I am acquainted with the manufacture of oil, and could see that the small bottle had been standing some time—the longer it stands the thicker the foots; if it is allowed to stand a considerable time you would get towards the bottom, a mixture like this larger bottle, and if you allow it to stand three years or five years, you would get it just like that—with five or ten tons of oil you would have some deposit in a month—we call that "young foots," and the other "old foots"—you cannot tell anything without analysis, and you cannot tell by analysis whether it is added oil or not—if I have foots like this in the larger bottle I can extract a much larger quantity—I get the residue settling down and down, and the oil extracted would be a very different quality, too—it is pumped up into the casks—there w a nozzle to the pump—that is done by steam—it Is most unusual to do so, and most slovenly.

Cross-examined. Lamp-black would be used in the factory—when all oil has been taken out, the pump is taken out, and what remains is the foots—if the foots is left out in the open it will solidify; it would settle down through gravity—putting it in a yard, turning it out in the heat of the summer, would make the oil rise to the top, and you can take it off—I fiad a difference in the iodine of these samples; they are not identical—on October 5th, that which is labelled "pans" could not be drawn from the same receptacle as that labelled "tank."

By the COURT. If the foots was similar to the sample shown to me,

practically no oil could be got from it—it would require 3 tons of the foots in the two bottles to get 1 ton of oil—I should get much more by heating than by straining—assuming 28 cwt. of oil, you might get 32 cwt. or 34 cwt. by straining—the best sample might produce 20 cwt. of oil, and supposing the heating was done by being put into a boiler in the yard, it would require about 30 cwt. of foots to get 20 cwt. of oil, but it would not be pure oil—if boiled, no oil like the samples would be produced; it would be thick when cold.

By the JURY. These samples are not produced from foots of this quality—20 tons of this might produce 20 cwt.; it would take a very long time.

Theobald, Hayes, and Laurence received a good character.

HAYES and THEOBALD— NOT GUILTY . BRETT— GUILTY on the 1st and 3rd Counts. — Three years' penal servitude. BUSHER and LAURENCE— GUILTY .— Eighteen months' hard labour each.

The COURT, JURY, and Prosecution commended the police for the manner in which they had conducted the case.

674. JOHN SHEPPARD (40) , Robbery with violence on Charles Macbeath, and stealing a watch and other articles and 20s., his property.

MR. CODY Prosecuted.

CHARLES MACBEATH . I am a tailor's cutter, of 100, Percy Road, Canning Town—on October 7th I was going along Liverpool Road about 12.30 p.m.—the prisoner and another man came up to me, and the other man asked for a light—I was going to give them a light, when the prisoner gave me a blow in the chest, and knocked me down, and kicked me on my left side, and got his knees on my chest—I am marked now—my coat was buttoned up, but they took my watch and chain and a sovereign, which was in my waistcoat pocket—I struggled and screamed for help—a man named Holmyard came up—the other man ran away—I saw the watch in the prisoner's hand—he threw it on the ground, and one of the witnesses picked it up—I was holding the prisoner by the leg, and when Holmyard came up he cried out, "Let go, let go; there is his watch; let me go"—he was kept till the police came up—the value of the watch was £7.

Cross-examined by the Prisoner. You did not come up to me and tell me my watch was hanging down.

Re-examined. I have only one leg, the other is artificial—I still feel the effects of the violence—I was at work next morning, but I was not fit for it.

SAMUEL JAMES HOLMYARD . I live at 150, Marmbury Road, Canning Town, and am head porter at the Albert Docks—on October 7th I was in Liverpool Road, standing up against a wall—I saw three men having an altercation; one of them was the prisoner, and one was the prosecutor—I passed them, and heard a shout—I turned round and saw the prisoner and the other man knock the prosecutor down—I went to them—they were dragging the prosecutor along; he was on the ground—they had their hands underneath his coat—the prosecutor said, "He has got my watch, he has got my watch"—I said, "Where is his watch?"—the prisoner said, "There it is"—it was in the prisoner's hand—he threw it on the

ground—another witness picked it up—the second man had run away—we held the prisoner till the police came—he said, "He has got his watch; let me go, let me go."

Cross-examined. When I came up you were standing against a brick wall.

GEORGE WALKER . I am a fitter, and live at 43, Clarence Road, Canning Town—on the early morning of October 7th I was going along Liverpool Road with my wife—I saw three men against a wall—I got about two paces past them, when I heard something go on the ground—I turned round and saw them rolling in the road—the prisoner is one of them—I walked towards them—one of them ran away, the other two were struggling in the road—I said, "What is the matter?"—the prosecutor said, "They have got my watch, and are going through my pockets"—the prisoner said, "There is his watch; why don't you take it and let me go? you have made a mistake"—the watch was lying underneath the prisoner—he was handed over to a policeman.

Cross-examined. You did not say you had picked the watch and chain off the ground—the prosecutor would not take the watch when you said, "Why don't you take it?"

ERNEST OSBORNE (631 K). I was called to Liverpool Road, Canning Town, on the early morning of Sunday, October 7th—I found the prisoner detained by three men—the prosecutor said, "I shall give him into custody for knocking me down and taking my watch and chain"—it was handed to me by Walker—I took the prisoner to the station, where he was charged—on the way to the station he said, "I have just come from Stratford, and I know nothing about it"—he said he had gone round the comer to ease himself—at the station he said he knew nothing about it.

Cross-examined. At the station the prosecutor pulled out a handful of silver from his pockets—he said he had 30s. when he left home; he did not say you had robbed him of any money.

Re-examined. The prisoner was searched at the station; two coppers were found on him.

HERBERT OLDFIELD . I am a resident medical practitioner—I have just now examined the prosecutor (At the RECORDER'S request.), and find a bruise over his left hip; it is consistent with his having been kicked in the side on October 7th—it might be due to a fall.

The prisoner's statement before the Magistrate: "I know nothing of stealing the watch or the sovereign."

The prisoner, in his defence, on oath, said that he saw the prosecutor with his watch hanging down from his pocket; that he said, "Look at your watch," and the prosecutor hit him on the head; that they fell to the ground, and that when they got up there was his watch on the ground.

GUILTY .—He then PLEADED GUILTY to a conviction of felony on April 13th, 1896.— Twelve months' hard labour.

675. JOSEPH CROSSWAITE (16) and EDWARD WILLIAMS (16) , Stealing 1s. 6d., the moneys of the Gas Light and Coke Company, to which WILLIAMS PLEADED GUILTY .

MR. TRAVERS HUMPHRIES Prosecuted.

HARRIETT BRADIE . I live with my husband at Canning Town—OR.

October 6th I went out at 7.15 p.m., leaving my door open—I had an automatic gasmeter in the front room—when I left it it was in working order—when I got back I found Crosswaite in custody—the gas was lighted, and the money belonging to the meter was by the drawer of the meter on the table by itself—there was 1s. 6d. in coppers in the drawer—this steel (Produced) is not mine; I found it in the room.

JOSEPH FLACK . I am a signalman employed at the Beckton Gas Works, and live at Canning Town, next door to Mrs. Bradie—on October 6th, about 6.30 p.m., I saw the prisoner with Williams outside the gate—when they saw me they walked away—I went into my room and looked out at the window—I saw them come back to the gate, where they stopped for a minute, then they walked into the next house—I waited two minutes, and then went in after them—I knocked at the door, and a little girl came—I went in and saw Crosswaite in the room behind the door—I caught hold of him and said, "Come on, I want you"—he said, "I have done it; do let me go; I have a mother a widow"—I kept him until the police arrived—Williams was not there when I caught Crosswaite.

JANE HAWES . I am the wife of John Hawes, a fireman, and live at 50, Fisher Street—I live in the rooms above Mr. and Mrs. Bradie—I heard a noise about 7.30 on the evening of October 6th, of flower pots being broken—I went downstairs and saw Mr. Flack holding Crosswaite—I said, "You are after breaking our slot open"—Crosswaite said, "Yes, we have broken it open, but we have not got the money"—I stayed in the room till Mrs. Bradie came home—the meter was in the same state when she came home as it was when I entered the room.

CHARLES HENRY CHAPPELL . I am a collector to the Gas light and Coke Company—50, Fisher Street is in my district—on September 5th I took the state of the gasmeter in Mrs. Bradie's room; it was correct—on October 8th I went again and examined it—there ought to have been 1s. 9d. in it.

FREDERICK FRENCH (26 K.R). I was called to 50, Fisher Street, Canning Town, at 7.45 p.m. on October 6th—I found Crosswaite detained by Flack, who said in his presence, "This lad has broken into the house with another lad, and been tampering with the gasmeter"—I told Crosswaite I should take him into custody"—he made no reply—on the way to the station he said, "I do not know what made me do it; Ted Williams was the one who did it, and he had the tools"—he was charged, and made no reply.

Crosswaite's statement before the Magistrate; "I did not intend to steal anything."

Crosswaite, in his defence, said that it was not his fault he had got into trouble, and that he had been led away.

GUILTY .—He then PLEADED GUILTY to a conviction at West Ham on February 24th, 1900, and three other convictions were proved against him One previous conviction was proved against Williams. CROSS WAITE— Twelve months' hard labour. WILLIAMS— Four months' hard labour.

Before Mr. Justice Channell.

676. JOSEPH JOHNSON (25) , Feloniously carnally knowing Laura Shadbolt, a girl under the age of six years.

MR. HUTTON Prosecuted.

GUILTY .— Three years' penal servitude.

Before Mr. Common Sergeant.

677. WILLIAM DEWEY (29) , Breaking and entering the shop of William Rider and stealing 45 lb. of beef, his property.

MR. WEBSTER Prosecuted, and MR. BURNIE Defended.

DAISY OSBORNE . I live at 2, Lays Road, Custom House—I have a greengrocer's shop at 18a, Star Lane—Rider's butcher's shop is entered by the same door—we both have keys—on October 8th I left the shop about 7.30 p.m., passing through Rider's shop—I locked the door and took the key home.

WILLIAM RIDER . I live at 20, Ernest Road, Canning Town—I locked up and left my butcher's shop on October 8th about 12.30 mid-day—on arriving at the shop on October 9th, about 8.45 a.m., I found the door open and a constable there—I missed a buttock of beef—I have since seen it at Stratford Police-station—its value is 25s.—in consequence of what I was told, I charged the prisoner at the Police-station.

GEORGE HOWARD (K 294). About 4 a.m. on October 9th I found the door open of a butcher's shop, 18, Star Lane, Canning Town—there were marks as if made by a jemmy on the door—I remained at the shop till the prosecutor arrived.

JOHN REID (Police Sergeant). On October 9th I examined the premises, 18a, Star Lane—they had been entered by opening the door with a jemmy or blunt instrument, as the marks were distinctly left on the wood work of the door—about 10 a.m. the prisoner was charged at West Ham Police-court with breaking and entering these premises—in answer to the charge he said, "I am not guilty of stealing it," meaning the meat, "a man asked me to carry it."

JAMES DUNSTALL (K 546). About 4 a.m. on October 9th I was on duty in Rathbone Street with another constable—I saw the prisoner and another man in conversation—the other man was easing a bag on Dewey's shoulders—they went through Clarkson Street—I went through Fox Street to meet them—in Montasque Street I said to the prisoner, "What have you got in that bag?"—he said, "Sailors' clothes; we are going to the docks"—I felt the bag—I said, "You have something else besides sailors' clothes; let me see what it is"—he threw it down, and they ran away into No. 44—I gave chase, and arrested Dewey in an out-house at the rear of No. 40, concealed behind a sheet hanging on the wall—I said, "I shall take you into custody for unlawful possession of something in a bag"—he said, "I know nothing about a bag; you have made a mistake"—we conveyed him to the station, and afterwards went back and got the bag and its contents, and took it to the station—the prisoner was charged with unlawful possession—he said, "I bought it of a man opposite Trinity Church, in Barking Road, for 2s.; the other man was going to give me the 2s. when I carried it home for him"—the other man got away at the rear of the premises, and we lost him.

Cross-examined. The prisoner was sober.

JAMES WILLIAMSON (257 K). On October 9th, about 4 a.m., I was on duty, with Dunstall, in Rathbone Street, Canning Town—I saw the

prisoner carrying a bag on his shoulder, and another man assisting him—I followed through Clarkson Street, and the last witness went in another direction—I saw them drop the parcel and run away into 44, Montasque Street—we found the prisoner in an out-house at the rear of No. 40—we took the prisoner into custody—we picked the parcel up in the street, and took it to the station—it was found to contain 45 lb. of beef—Rider identified it—at the Police-court I swore that the 45 lb. of beef was the beef in question.

The prisoner, in hit defence, on oath, said that he was an engineer's labourer; that he had been out drinking on his birthday, starting with 17s. 6d.; that he met the other man, and at his request assisted him, and lent him 28.; and that he ran away because he was frightened.—He received a good character.

NOT GUILTY .

678. JANE PERROTT (30) PLEADED GUILTY to occasioning actual bodily harm to Ann Wallace.— Nine months' hard labour.

KENT CASE.

Before Mr. Recorder.

679. JOSEPH JAMES BARNES (29) , Feloniously wounding Mary Ann Barnes, with intent to do her grievous bodily harm. He stated that he was GUILTY of unlawfully wounding, and the Jury found a verdict to that effect.— Eight days' imprisonment.

SURREY CASES.

Before Mr. Justice Channell.

680. RUTH SQUIRES (25) PLEADED GUILTY to setting fire to the dwelling-house of Matilda Smith, also to stealing a bag and other articles,. the property of Matilda Smith, her mistress, having been convicted on June 27th, 1896.— Nine months' hard labour.

681. ALBERT ANDERSON (23) , For the manslaughter of Henry William McNally.

MR. CAMPBELL Prosecuted, and MR. PURCELL Defended.

ROBERT HENRY BEADLE . I live at 42, Cork Street, Camberwell, and am a carman—on Saturday night, September 8th, I was standing at the corner of Wells Street, which is close to the Bricklayers' Anns—I knew the prisoner and the deceased—I saw them talking together outside the Bricklayers' Arms—suddenly there seemed to be some sort of a jaw, but I could not hear what they said to each other—I was about 10 yards a way—they went towards the roadway; they took off their coats—the deceased entered the road first; the prisoner seemed to have an opportunity, and hit the deceased on the left side of his face; he was not in any attitude, there was no time—he fell down; it was quite clear he had been badly injured—I walked across and picked him up—someone poured water over his face—the prisoner helped to take him to a house near, where his mother was—next morning I called at the house and found that he was dead.

Cross-examined. I was not paying much attention to what the two men were saying or doing—the deceased was not sober—I did not notice that he was noisy or quarrelsome.

HORACE COLLINS . I live at 14, Hill Street, Camberwell, and am a painter and paper-hanger—I was at the Bricklayers' Arms about 9.30 p.m. on September 8th—I knew the prisoner and the deceased—I saw them together outside the public-house—I saw the deceased having an altercation with the prisoner—he took an apple off a stall, and used bad language in front of the prisoner's wife, and the prisoner asked him not to do so—the deceased challenged the prisoner to fight—they both took their coats off, and went into the roadway—there was a crowd—I could not see any more, and the next thing I saw was deceased on the ground.

Cross-examined. The deceased was rather the worse for drink—I did not hear the prisoner say to the deceased, "Put on your coat; you are mad"—I know that they had always been on friendly terms.

JOSEPH COWES . I am a costermonger, of 122, Waterloo Street—I had a barrow of fruit near the Bricklayers' Arms on the night of September 8th—the prisoner was there—I saw the deceased coming along—he took off his coat, and challenged the prisoner to fight—he was drunk—I saw them taking their coats off—I did not see any blow struck—I saw deceased on the ground.

Cross-examined. I saw the prisoner's brother there with his bicycle,

JEMIMA MCNALLY . I am the mother of the deceased—I did not see the fight, but I saw my son lying in the road, attended by two men—he was taken to No. 5, King Street, where a friend of mine lives—we laid him on the floor—he was dazed—I thought he had had a drop too much—I thought be might come to—he was not undressed—I had seen him under the influence of drink before—I stayed with him till 2 a.m., then I left him to go home—I thought he would be all right, as he had had a little drop before—I returned at 7 o'clock—he was worse then—a young man who lived in the house had looked at him and said he was all right—no doctor was sent for till 8 o'clock—he mumbled something after he was brought in, and I thought he was all right.

CHARLES GALLIE . I am divisional surgeon of police—I was called to the house at 10 a.m. on Sunday morning—I found the deceased lying on the floor in a room, with his head on some newspapers—he had been dead some time, quite an hour—he was fully dressed—there was a slight dis colouration round both eyes and round the head—I saw no other marks of violence then—a post-mortem examination was held—I found that the cause of death was pressure on the brain from haemorrhage, owing to the fracture of the skull—there was an abrasion on the right side of the head over the seat of the fracture—a fall would be the most likely way of causing that—I do not think a blow could have done it, because a blow would have left more external marks; it was a very slight injury externally—the fracture of the skull extended from 2 1/2 in. above the right ear downwards to the base of the skull, which was specially thin at the centre of the fracture, it was as thin as paper.

Cross-examined. I have never seen a thinner skull than this one.

RICHARD BARNES (551 P). On Sunday morning, September 9th, the prisoner was pointed out to me by the father of the deceased—in the

prisoner's presence he said, "This man is responsible for my son's death; they had a street fight last night; and he has died through the effects of it"—I told the prisoner he would have to go to the station; he replied, "I have been waiting for you, I did not mean to go away"—at the station he was charged; he did not say anything.

The prisoner's statement before the Magistrate: "I did not mean to do the man no harm, Sir."

The prisoner, in his defence, on oath, said that they were going to fight, but that he did not want to; that he gave the deceased an open-handed smack, and he fell down; that they were always good friends, and the deceased was drunk.

NOT GUILTY .

682. ERNEST ALBERT DAVIS (30) , For the manslaughter of Emma Murphy.

MR. PERCIVAL HUGHES Prosecuted, and MR. THOMPSON Defended.

JAMES JEFFRIES . I am a stable-boy, and lived at 3, Gabriel Street, Stoke Newington—the deceased was my sister—I cannot say how longit is since she went through the form of marriage with Luke Murphy, the prisoner's half-brother—about 6 p.m. on September 7th I went with her to Lancaster Street, where the prisoner lived—my sister asked him for some birds—two of them belonged to her, and three to Luke Murphy—she and the prisoner had a row, and the prisoner had taken the birds round to his mother—when she asked for them he said, "I shall not give them to you; you will have to wait till mother comes"—we waited in the street about an hour, and then, when my sister asked his mother, she said she would have to ask Luke about it—my sister said, "If you don't give them to me will break two windows"—the mother said, "I shall have to see Luke about them," and my sister broke two windows—the prisoner rushed out, and caught her a blow on the left side of the jaw—she fell down on the scraper, and the prisoner ran indoors—I endeavoured to lift her up, but found her too heavy—two policemen took her to the station—I did not notice then if her head was bleeding—I went to the station with her, and saw them cut her hair off, and I saw a wound in the place where her head had struck the scraper—I then went home—when I got up next morning my sister was at home, but from then till September 15th you could not understand what she said—she walked about the room all night—on September 15th she died—she was attended to by Dr. Langly.

Cross-examined. My sister and the prisoner's mother had some high words—my sister did not shout out; the was quiet—she broke the windows with a stone—I do not know if she was going to break any more—the prisoner did not put his arm round her neck—she had only had two glasses of ale while I was with her—she could stand properly—the prisoner must have closed his fist, because I saw the blue mark on her jaw.

EDWIN PICKFORD (382 M). About 7.30 on September 7th I was on duty in Lancaster Street—there was a quarrel between the deceased and Mrs. Davis—the prisoner was not present then—on my intervention the quarrelling ceased—the deceased went away about a quarter of an hour afterwards—I saw a crowd near the same spot—I found the deceased sitting on the pavement, next door to 97, Lancaster Road, bleeding from a wound on the side of her head—I took her to the station—she was

drunk, and I charged her with being so—she could walk with assistance—she did not speak to me at all—I saw a wound on her head—she refused to charge anybody.

Cross-examined. She was shouting and threatening to break the windows—she was not staggering—the doctor at the station saw her.

ROBERT MACKEY (Inspector, M). At 7.55 p.m. on September 7th the deceased was brought into the station by the last witness—she was charged with being drunk—there was a wound on the right side of her head—she was bailed out about 2 a.m.—when she came in she impressed me as being drunk.

Cross-examined. The doctor examined her.

ELIZA REYNOLDS . I live at 3, Gabriel Street, Newington—the deceased was my landlady—I admitted her to the house between 2 and 2.30 a.m. on September 8th—her condition was that of a drunken woman—she went to bed—she tried to get up on the Saturday morning, but could not—she complained of pains in her head—on the Monday morning I called in a doctor, who attended her till her death—she was not a teetotaller, but I never saw her drunk—Luke Murphy lived there—he went away on the Sunday morning, and never came back.

AARON LANGLEY . I am a qualified medical practitioner, of 65, Kennington Park Road—on September 10th I was called to see the deceased—she was suffering from a severe bruise on the left side of her face and jaw, and a very bad contusion on the right side of her head, with a wound in the centre of it which went right down to the bone—she could not answer questions properly—I attended her till September 15th, when she died—death was due to excessive shock, with extravasation of blood on the left side of the head—excessive shock would be such as would be caused by falling on a scraper—the blow and the fall were the cause of her death—I made a post-mortem examination on Monday, the 17th—the outside of the head was contused—there was a large clot of blood in the centre of the base of the brain, on the right side a clot the size of a hen's egg, with a certain amount of fluid surrounding it—on the left side of the head I found bruising which could fee caused by a heavy blow.

Cross-examined. She was suffering from fatty degeneration of the heart, due to alcoholic indulgence—all her tissues were soft and degenerated.

GEORGE GODLEY (Police Inspector, M). About midnight on September 15th I went to Lancaster Street with Sergeant Divall—he went upstairs first—when I got up I saw him struggling with the prisoner on the floor—I helped to get him up—I said, "We are police officers; what is your name?"—he said, "I do not know"—a young man came upstairs—I said to him, "What is this man's name?"—he said, "Stanton"—he corrected himself and said, "Davis"—I said to the prisoner, "I am going to take you into custody for the manslaughter of Emma Murphy"—he said, "Yes; have you a warrant?"—I said, "A warrant is not necessary"—he said, "I won't go"—he threw himself on the bed, and wrenched a piece of iron from the bedstead—I took it away from him—we took him to the station, and charged him—he made no reply.

Cross-examined. I have made inquiries about him—he has been employed at the Surrey Theatre for about 10 years.

The prisoner, in his defence, on oath, said that when the deceased came and

broke the windows he ran out of the house and pushed her, but that he had no intention of hurting her, and that he had no quarrel with her.

Evidence for the Defence.

MARTHA JANE DAVIS . I am the prisoner's mother—I saw the deceased at my house on September 7th—she asked for some birds—I said she could have them in the morning—she was the worse for drink—she went away and came back with a stone, and said if I did not give her the birds she would break the windows—she broke some windows—I hurried round the corner for a policeman—I could not see one, and went back, when someone told me the deceased had had a push and fallen down.

NOT GUILTY .

683. CHARLES BRENT (29) , Feloniously wounding Mary Ann Brent, with intent to do her grievous bodily harm.

MR. BODKIN Prosecuted.

MARY ANN BRENT . I live at 69, Tilson Street, Peckham, and am the prisoner's wife—we occupied a back room on the first floor—I am employed at Pinks' Jam Factory, Bermondsey—my usual time for getting home on Saturdays was about 2—my husband was out of work—on Saturday, August 25th, I got home about 3 o'clock—I found the prisoner indoors with our baby, and we stayed in till about 9 p.m.—we went out, and I returned, and went to bed about 10 p.m.—the prisoner returned at 11—he offered me half a pint of stout; he said he would get it—I do not know if he had been drinking—I said I was not inclined for the stout—he made a rush at me and caught hold of my throat—he hurt me—then he hit me across the arms and head with a poker—I said, "Oh, Wagga, don't, don't!"—that is his nickname—I was in bed then, and undressed—I do not know what happened to the lamp—I remember we were in darkness while we were struggling—the table was not upset, we were struggling by it—I ran out of the room—Mrs. Williams was not on the stairs—I remember seeing a soldier in the front room, and his wife in the passage—I afterwards went to the infirmary, and was attended to there for about four weeks—this is the poker (Produced); it was in one piece that evening; I do not know how it got broken—my baby was brought to me while I was in the hospital; it died about a week later—the prisoner did not say anything while he was hitting me—he wrote a letter to me afterwards, and said it was all through the landlady—he said she had called him a lazy, dirty dog—he has been a good husband to me.

ANN HARRIETT WILLIAMS . I live at 69, Tilson Street, Peckham, and am a widow—the prisoner and his wife were tenants of mine—his wife has been with me for over 15 years, he has only been with me about seven months—he was at work for about three weeks, and then he stopped at home to mind the baby—on August 25th, in the afternoon, his wife was not at home at the time she ought to be, and he said he would kick her f——b——guts out, and would do for her that day—she came home about 3.10—I did not hear any disturbance in their rooms till 11.10 p.m., when I saw the prisoner come home—as soon as he went upstairs the baby began to cry; then I heard Mrs. Brent say, "Oh, help! Mrs. Williams! oh, help!" and I went upstairs as quickly as possible—

I saw the prisoner coming out of his room; he was in his shirt—I straggled with him, and said, "What have you done now? you have been promising to do this all day long"—he said, "Let me go, let me go; my baby is burning"—I struggled with, him but lost my hold of him, and fell from the top of the stairs to the bottom, and was under the doctor for four weeks—as I struggled with the prisoner Mrs. Brent passed me and fell downstairs—she was covered with blood—she went into my daughter's room, and about 1.30 a.m. was taken to the infirmary—I went into the room which the prisoner had occupied—a lamp had exploded there, and some things were burnt—the prisoner went into the next door.

By the JURY. I saw the blood on Mrs. Brent before she fell down the stairs—there was some also on the landing.

MART ANN HOLLANDS . I live at 71, Tilson Street—on Saturday, August 25th, I heard the prisoner say he would kick his wife's f——guts in as soon as she came home.

WILLIAM CHIVERS . I live at 35, Tilson Road—on August 25th, about 11 p.m., I heard that there was a fire at Mrs. Williams'—I went there—the door was opened to me by a soldier—I went upstairs to the first floor back room—the door was shut—I broke it open—there was a great deal of smoke inside—the table was burning—there was a smell of oil in the room—on the bed a baby was lying—I took it up—I do not think it was burnt—I gave it to somebody on the stairs to take care of.

THOMAS ASHTON . I live at 80, Tilson Road—I went to Mrs. Williams' house on the night of August 25th, and into the room where the fire was—part of the bedding was alight—I put part of it into the garden.

ELLEN BREWER . I live at 67, Tilson Road—on August 25th, about 11 p.m., I was at the back of my house—I heard some cries—I recognised Mrs. Brent's voice—she cried out, "Oh, Wagga, Wagga, don't"—I looked up at the window—there was a lamp on the table—I could see the reflection of the light on the blind—I saw the lamp go over towards the bed, and the next instant the room was in darkness for a minute—then the blinds and curtains all caught fire—Mrs. Brent cried out, "Oh! Wagga, Wagga, don't, you keep on doing it, or we shall all be burnt"—I ran out of my house and called for the police.

JOHN RUSSELL (148 P). On Saturday night, August 25th, I was called by Mrs. Brewer, and went to Mrs. Williams' house—I made a search there, and in the next door house, for the prisoner—I found him in the W.C. in the rear of 71, Tilson Road—I said, "I shall have to take you to the station. What do you mean by assaulting your wife and setting the place on fire?"—he replied, "It is all through the landlady"—I remained with him till 3 the following morning—he was very dull and quiet, and said very little—he was sober, in my opinion.

ERNEST HAIGH (Police Sergeant, P). On August 25th I received information as to what had taken place at Mrs. Williams'—I went to her house and into the prisoner's room—it was in a state of disorder—the floor skirting and window frame had apparently been burned—part of the table and some articles of bedding had also been burnt—I found this metal lamp foot (Produced) under the table—it had had a glass holder for the oil—some pieces of glass were lying about—I found this poker just inside the door; the end which goes into the fire was broken

off—I saw the prisoner at 3 a.m. at the station—I said to him, "Your wife is now in the infirmary, suffering from wounds on the head and arms, which she says you inflicted with this poker and lamp; she is badly injured; your baby is badly burnt by the fire you caused, and is also in the infirmary, you will be charged with causing the injuries to them, and also with setting fire to the room"—he said, "I did not set fire; the lamp upset in the struggle; I do not understand what you say; the poker broke when I hit the chair with it"—he was wearing this waistcoat—there were marks of wet blood on it—on September 3rd I was present at Lambeth Police-court in the gaoler's room—the prisoner was there—Inspector Fox was there—he said to the prisoner, "Your child died last night from the burns and shock, and you will now be charged with the murder, and also with throwing a lighted paraffin lamp at another person and setting fire to her"—he said, "I did not intend to do it; what upset me was when my landlady said she would not keep a lazy dog like me."

WILLIAM JOHN CHARLES KEATS . I am medical superintendent, of the Havil Infirmary at Camberwell—on the early morning of August 26th Mrs. Brent and her child Charles were admitted there—I found on the woman six scalp wounds—four of them went down to the membrane covering the bone, and two down to the bone itself—they could have been caused with a blunt edged instrument—I think either end of this poker would have caused them—there were five wounds on her left fore-arm, two of which were down to the bone—her arm was pulped where it had been struck—on her left hand there were two contused wounds, and on her right hand two wounds and the pulping of the tissues—there had been a considerable loss of blood—I saw several small burns in various parts of her body—they were probably caused by lighted drops of oil which had flown against her—I examined her throat—there were finger-marks on it, and the larynx was swollen—the marks were in a place where I should expect, a man to try and strangle a woman—the child was suffering from burns of the second and third degree—Mrs. Brent was under my care for some weeks.

Prisoner's Defence: I am very sorry; I met one or two of my friends, and I had too much to drink; it overcame me, and I did not know what I was doing; I hope it will never occur again.

GUILTY .— Eighteen months' hard labour.

684. FREDERICK WATSON (17) , Rape on Kate Bush.

MR. MARTIN, for the Prosecution, offered no evidence.

NOT GUILTY .

Before Mr. Recorder

685. CHARLES BOON (39) PLEADED GUILTY to forging and uttering an order for the payment of £5 16s. 3d., also an order for the payment of £5 15s., also an order for the payment of £9 15s. 6d., also an order for £7 8s., with intent to defraud.— Nine months' hard labour.

686. CHARLES THOMAS TURNBULL (34) to marrying Martha Emily Austin, his wife being then alive.— [Pleaded guilty. See original trial image.] Three weeks in the second division. And

(687) AMELIA BUCKLEY (24) to marrying Edward Frederick Wolkider, her husband being alive.— [Pleaded guilty. See original trial image.] One month's hard labour.

688. EDWARD BURRIDGE, Indecently assaulting Charles Bryan, aged 7 1/2 years, and committing a gross act of indecency with him.

MR. BOYD Prosecuted, and MR. WARBURTON Defended.

GUILTY .— Nine months' hard labour.

689 FRANK OAKLEY, Unlawfully publishing a defamatory libel concerning Jane Adelaide Gough,to which he PLEADED NOT GUILTY and a justification.

MR. WALTON, Q.C., Prosecuted, and MR. GILL, Q.C., and MR. J.P. GRAIN

Defended.

MR. WALTON contended that the plea of justification was bad in law, as it stated that the prosecutrix had robbed him of property, but did not state what or when; and that she had taken away a bag without stating that she had done so wrongfully, and being unable to prove that a crime had been committed, he was not justified in this libel. MR. GRAIN having replied, the RECORDER stated that he was of opinion that the plea was bad, as it repeated the libel, and stated that it was for the public benefit, whereas it was not so, but tended to a breach of the peace.

JANE ADELAIDE GOUGH . I live at the Hawthornes, Beulah Hill, Upper Norwood—I am the wife of Mr. George Gough—I had a niece named Isabel Raven Hill, who afterwards became Isabella Oakley—she died in the month of March, 1898—in the year 1899 I was living at the Hawthornes—I was away from horae in August—I received some letters in August and some telegrams from the prisoner—a letter was forwarded to me by post in September, 1899, I think it was at Lowestoft—the letter was from Mr. Oakley, and in his writing—I cannot say whether, prior to the receipt of that letter, I received more than one telegram; they followed one another.

Cross-examined. I am the aunt of Mr. Oakley's late wife—I was a maiden lady up to the time of his marriage—she died on March 3rd, 1898, and at that time I was Miss Raven Hill—I have married since 1898—I was introduced by my niece to Mr. Oakley, who visited at my house on one or two occasions for a short time—I was present at his wedding—my sister gave my niece away—I can positively speak to the letter of August 18th—I have not Had it in my possession, and I cannot answer for the date—I did not know what was in Mrs. Oakley's dressing-bag, I had not possession of it at the time—I know nothing of the letters—I did not know he was asking for the possession of the letters—I knew that he was complaining that I had had the bag in my possession—I knew that the bag was my niece's dressing-bag—two summonses were taken out on September 14th, 1899, one for publishing the libel, and the other for threats, and the matter was proceeded with before a Magistrate on September 19th on the summons for threats, and dismissed—the summons for libel stood over until May of this year—in the meantime I did not receive any other letter—I have never had any letter from September 4th down to the present time—the summons had been hanging over for months—he was to give me an assurance that he would not annoy me any further, and it would be withdrawn—it was Mr. Oakley himself who insisted on the summons being brought forward—the letter of September 4th came to me

through the post, and nobody except myself saw it until I opened it and showed it to my husband and my sister-in-law—I did not show it to Mr. Snow—of course I did not show it to Mr. Snow—I told one of the members of the firm of Snow & Fox what I felt upon the matter—it would upset anyone very much—I never felt comfortable; I felt unhappy about it; that is all—from that time to the present nobody saw the letters or telegrams till I showed them—from that time I have had no letter from Mr. Oakley.

Re-examined. The summons for threats was dismissed, and the summons for libel stood over for Mr. Oakley to give an assurance that he would not repeat it—I have never been able to get that assurance—when the matter was brought before the Magistrate in July last year, the Magistrate, in my hearing, asked the defendant if he would give the assurance—he declined to do so, and that is why I brought this prosecution.

The JURY found that the letter was a libel, written by the defendant under some provocation. — Judgement respited.

Before Mr. Common Serjeant

690. PAUL DANCHY (27) PLEADED GUILTY to unlawfully tittering counterfeit coin, and to having other counterfeit coin in his possession, with intent to utter it.— Nine months' hard labour.

ADJOURNED TO MONDAY, NOVEMBER 19TH, 1900