Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 December 2014), December 1900 (t19001210).

Old Bailey Proceedings, 10th December 1900.

CENTRAL CRIMINAL COURT

Sessions Paper.

GREEN, MAYOR.

SECOND SESSION, HELD DECEMBER 10TH, 1900.

MINUTES OF EVIDENCE,

TAKEN 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 EDITHD BY

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

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:

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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, December 10th, 1900, and following days,

Before the Eight Hon. FRANK GREEN, LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY, one of the Justices of Her Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart.; Sir DAVID EVANS , K.C.M.G.; and Lieut.-Col. Sir HORATIO DAVIES, K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Recorder of the said City; Sir JAMES THOMSON RITCHIE, Bart.; GEORGE WYATT TRUSCOTT, Esq.; FREDERICK PRAT ALLISTON, Esq.; and THOMAS VEZEY STRONG, 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 Gaol 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 HENRY GARDINER , Esq.

Under-Sheriffs.

CENTRAL CRIMINAL COURT.

GREEN, MAYOR.

SECOND 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.

NEW COURT.—Monday, December 10th, 1900.

Before Mr Common Serjeant.

56. ANNIE KIRN (24) , Unlawfully abandoning her child, and endangering its life. No evidence was offered, and a missionary from Ealing undertook to place the prisoner in a Home.

NOT GUILTY .

57. THOMAS LEWIS (36) PLEADED GUILTY to embezzling cheques for £5 and £8 9s. of the Civil Service Mutual Furnishing Association, his masters; also to falsifying the accounts of his said masters, with intent to defraud. MR. BODKIN, for the Prosecution, stated that the prisoner had appropriated £2,390 to his own use.— Three years' penal servitude.

For other cases tried on this day see Essex and Surrey Cases.

NEW COURT.—Tuesday, December 11th and

THIRD COURT.—Wednesday, December 12th, 1900.

Before Mr. Common Serjeant.

58. FLORENCE AUGUSTA NELSON (26) PLEADED GUILTY to a libel on Reinhart Victor Wagner.— To enter into recognizances to come up for judgment if called upon.

59. ALEXANDER JOHNSON (27) , Carnally knowing Emma Amelia Mills, a girl above 13 and under 16.

MR. ROOTH Prosecuted, and MR. WALSH Defended.

NOT GUILTY .

60. JOHN BETHELL (45) , Stealing a trunk and other articles, the property of Francis Mantelli.

MR. PICKERSGILL Prosecuted, and MR. BURNIE Defended.

FRANCIS MANTELLI . I am a courier to Messrs. Cook & Sons—on November 10th I was staying at 10, Villiers Street—I sent for a cab a few minutes before 9 a.m.—the prisoner was the driver—he came from the

South-Eastern Station at Charing Cross—my luggage, this light brown portmanteau, was placed on the cab, and a rug, coat, mackintosh, and this bag inside the cab—I told the prisoner to drive to Cook's Office, Ludgate Circus—the cab was driven by the Embankment, and by mistake to Ludgate Hill Railway Station—we eventually stopped at Ludgate Circus, and I went into Messrs. Cook's office, having told the cabman to wait a few minutes—I came back in 12 to 15 minutes, when cab and everything had disappeared—I went back to the office and reported to my superiors, and the police were communicated with at once—I had taken the number of the cab, 120, Charing Cross Station, S.E. Railway—these are my slippers and pocket handkerchiefs; they were shown to me by an officer; they had been in the portmanteau—I had had the slippers about a year, and the handkerchiefs more than a year perhaps—I identified the prisoner at the Police-station by his stuttering.

Cross-examined. I did not identify him by his appearance—the cab stopped behind the lavatory at the Circus—the street was up, and there was a great block of traffic—I am sure these articles produced are mine—one thing in the slippers is the wrinkle at the heel where I put them on—they are similar to mine.

Re-examined. The overcoat was strapped inside the rug: the mackintosh was loose—I also missed from the portmanteau and the bag a cigarette case, of value of 25s. to 30s., a sovereign case, worth 7s. or 8s., and some handkerchiefs—the cases were of gun-metal, and were a present—I also missed some silver and some Italian and French money, about 20 francs—the portmanteau was locked, and I think the bag was, but I am not certain.

HENRY GEORGE RENDLES . I am a Hansom's cab driver, No. 7534—I live at 13, Duke's Road, Euston Road—I am in the same employment as the prisoner—I put up my cab in the same yard in the Gray's Inn Road, and do night work—on Saturday, November 10th, the prisoner came a little after 9 a.m. to the yard in the Gray's Inn Road with his cab—I noticed a portmanteau on the top, and a bag and parcel inside, consisting of a rug, strapped—he seemed drunk, dazed, or something—I said to him, "What is this? Where have you got to take those to?"—He said, "To King's Cross; is there anyone here who can go? Is there a day man in yet?"—I said, "No"—He Raid, "Will you come with me?"—I said, "No, I am going to put my lot away; I will wait till you come back"—he drove his cab out of the yard—about half an hour afterwards he drove the cab in empty—he put his tools away, and his horse, and we went and had a drink at a public-house—after that I said, "I am going to Somers Town to-morrow; I will go in and get your washing"—my wife has done his washing for some time—he lived at Somers Town—we went together to his place, 35, Clarendon Square, where he lodges—when I got into the prisoner's room I saw the luggage I had seen on his cab—I said, "What is this? this is the luggage you had on the cab; what are you going to do with it? who does it belong to? why don't you take it to the Police-station, if you don't know where to deposit it; they will find out"—he said, "Oh, it is all right, I know what I will do with it"—he came out with me, and said he was going to get something to eat—we went and had another drink, and parted.

Cross-examined. Anybody could see the luggage, and he halloaed out when he came in the yard—he was not well—he has been in a bad state of health since his wife died, about three years ago—he suffered from gout and one thing and another.

ANNIE CARD . I am a widow, of 31, Clarendon Square, St. Pancras—the prisoner lodged with me about three months, till he was arrested, on a Tuesday—on the Saturday previous he brought a portmanteau, a bag, a coat, a rug and a strap on the cab he was driving—they were put in his bedroom—I desired him to take them away—I objected to his having them there—he said, "I shall have all my things here in time"—I replied, "They are not yours"—he told me to be quiet—he took the things away soon after 4 in a Hansom's cab—the police searched his room—they called my attention to this pair of slippers—I attended to his room, and was frequently in it—he went out on the Monday, and did not return—he gave no notice—he last occupied his room on the Sunday night.

Cross-examined. I had objected to him as a lodger because he had no luggage, and I took his remark as a joke—I have always found him straightforward, honest and respectable.

ARTHUR SHEPHERD . I am cab-driver, No. 2384—I reside at 15, Helena Road, London Road, Plaistow—on Saturday, November 10th, the prisoner came to me on the cab rank in Seymour Street, waiting to go into Euston Station, between 4 and 4.30 p.m.—he asked me if I was engaged—I said, "No"—he said, "Do you want a job?"—I said, "What do you think I am out with a cab for?"—he said, "What will you take me to Baker Street for?"—I said, "Two shillings"—he said, "All right, and I'll give you a drink"—he told me to drive to Clarendon Square, and we pulled up at, I think, No. 31—he went in and brought out a portmanteau, and put it on the cab—then he brought out a little bag and threw it, but it missed the top of the cab, and fell on the ground—he said he was shifting his lodgings when he engaged the cab—he told me to drive to Baker Street Station on the Underground Railway, and back again—we pulled up at a public-house in Drummond Street for a glass of mild and bitter; then when we got to Portland Road Station he said, "This will do; put me down here"—he called a newspaper boy standing outside the station, who took the trunk in, and the prisoner took the bag in—in about 10 minutes he came out at a door opposite the cab rank, and said, "Did you think I was not coming back?"—I drove him back, but we pulled up in Stanhope Street; he gave me a glass of mild and bitter, and I left him.

Cross-examined. I knew him as a cabman, but did not know his name—I did not say, "Are you shifting your lodgings?"—I wanted him to pay beforehand, because sometimes we get had—he had had something to drink, but he was not intoxicated, and knew what he was about.

FRED PEARCY (City Detective). I saw the prisoner in Gray's Inn Road on the morning of November 13th—I told him I was a police officer, and asked him if he was the driver of cab No. 120 on the morning of the 10th (I had heard of the lost luggage that day)—he said, "Yes, I was"—I said, "You picked up a fare in Villiers Street about 9 o'clock?"—he replied, "No, about that time I was driving a fare from Victoria to King's Cross; I heard there was some bother; what is the

matter?"—I told him some luggage had been missed, having been put on No. 120 cab, and asked, "Do you know anything about it?"—he replied, "No," and said, "I have just brought my new address," meaning that he had brought it to the cab-yard where he was employed, and he said, "I am just going to Scotland Yard to get my licence"—I said, "You had better come with me to Bridewell Police-station"—when he got there he was put up for identification—the prosecutor at first failed to recognise him, but did so when he heard him speak—I produce his licence, which I got from the Yard—cabmen leave their licences with the proprietors—cabmen are supposed to acquaint the Scotland Yard or the Hackney Carriage Department with a change of address—the address on the license is "16, Frederick Street, Westminster, S.W."—I inquired of the landlord and found that the prisoner had never resided, hut had letters there—the licence expired on November 11th, 1899—the prosecutor identified the trunk and bag—I searched the prisoner's lodgings at 31, Clarendon Square—I found this pair of slippers under his bed, and these two pocket handkerchiefs in his tin trunk, which was locked, and the key found on him when he was searched—the portmanteau and bag were found at the Portland Road Station cloak-room.

WILLIAM MOCKFORD (Charing Cross Railway Constable). I have known the prisoner as a night cabman at Charing Cross Railway Station six months—he drives a privileged cab, No. 120—he should acquaint the Charing Cross authorities with the change of address—the same number is on the badge as on the cab—the privileged cabmen need not have the same cab—they can ply for hire between the different privileged stations.

The prisoner, in his defence, on oath, said that he was blocked in the traffic at Ludgate Circus owing to the road being up, and when the prosecutor left the cab he had to move on; that a man he took to be his fare entered the cab and said, "King's Cross," but subsequently left the cab, and directed him to leave the portmanteau and hand-bag at the nearest Underground station to Regent's Park, and meet him with the rest at King's Cross Station, but as he was after his allowed time as a night cabman, he took the luggage home and deposited the portmanteau and bag the next day at Portland Road, and went to King's Cross and gave up the two coats and the rug to the gentleman, who then paid him his fare; and that he tried to find out what the police inquiry was about, but could not, as the luggage was wrongly described. He received a good character.

GEORGE RENDLES (Re-examined by the COURT ). I did say to the prisoner something to this effect, "You cannot have another cab before this job is cleared up," but he did not ask me what job it was—I went down to Somers Town on the Sunday morning to buy fruit for the children, and met the prisoner—I said, "Jack, a detective has been to my place after your address, and they asked me what you had found in the cab when you drove into the yard"—he said, "I know what I have done; I have done right"; so I thought he knew about it, and I left him—a cabman on changing his address takes his licence from the cab proprietors to Scotland yard for the address to be altered, and then re-deposits it with the proprietors—I knew the prisoner's house in Clarendon Square, but not the number.

GUILTY .— Six months' hard labour.

61. JOHN ROBERTS (37,a Negro) . Feloniously wounding John Henry Allexton on the High Seas.

MR. BODKIN Prosecuted.

RICHARD HUGHES . I am a clerk in the office of the Registrar-General of Seamen—I produce copy of the register of the ship Wildcroft, of the Port of London—she is a British ship.

MARK SHELL CATT . I am the secretary of the Wildcroft Steamship Company, 44, Leadenhall Street—the ship is at Cuba—the captain who was captain when this assault occurred, and the official log, are with the ship.

JOHN HENRY ALLEXTON . I am living at the Sailors' Home in Well Street—on November 3rd I was a fireman on the Wildcroft when she was about halfway from Marseilles to Cuba—the prisoner was a coal trimmer, who puts the coal into the stoke-hole—I had not been on a voyage with him before—up to November 2nd we had been friendly—on that day I asked him if he had any soap—he said, "Yes, a little; what for?"—I said," If you have not any I will give you some, and you can wash yourself, or else we shall be all crump"—that means lousy—he said we could not tell whether he had washed himself, because of his black skin—I said that we could tell by his skin—the next day I called him out of his bunker to come to his meals—it was his duty to bring the bread barge, and I called to him for it—he said, "All right," but did not bring it, nor come to his dinner about 12 noon—about 4.30 p.m. I saw him eating something, and said, "It seems you can eat biscuits, but you cannot carry them along"—he muttered something which sounded like it was none of my business—I called him a dirty, idle, black sod, and told him if he had ruled the forecastle the voyage before he would not rule it this—this was in the forecastle—about 15 or 20 minutes later I was having tea with Jenkins and Stephenson in the forecastle—Jenkins was nearest the entrance, Stephenson next, and I was round the end of the table opposite—the prisoner rushed in behind those two men and made a blow at me—I threw my head down and my arm up to save my head, and got a blow on my shoulder—I heard a man say, "Get up and defend yourself," and I closed with the prisoner—we struggled out at the forecastle door and in the alley way, the prisoner striking me stinging blows all the time—he struck me on my breast, and I stepped back and said, "He has got a knife"—Stephenson came to my assistance—that is the first time I felt the knife—he struck Stephenson on the back of his hand when he was pulling me back—he rushed out of the forecastle, reached the deck, and I saw the captain take hold of him and take something out of his hand—I saw the knife in his hand—this is the shirt I was wearing—I was cut in nine places—I lost blood—my life was despaired of for three days—the captain did the best he could for me, but I did not get out of my bunk till I went on the launch for the Mackinhaw 11 days afterwards, after an inquiry, to return with Stephenson and the prisoner.

Cross-examined by the prisoner. I did not begin the fighting, but was sitting down when attacked.

WILLIAM STEPHENSON . I am a fireman on the Wildcroft, and was at sea in her on November 3rd, and I heard a conversation between the

prisoner and the prosecutor about 4.30 p.m.—the prosecutor said, "Why don't you fetch the bread barge along at dinner time?"—the prisoner muttered a few words I did not hear—about 20 minutes after that Jenkinson, Allexton and I were having tea in the forecastle; the prisoner rushed in and struck the prosecutor on his shoulder—I said, "Get up and defend yourself"—he got up and closed with the prisoner, and forced him into the alley way, and shouted, "He has got a knife" or "He is using a knife"—I rushed to his assistance and held him round the stomach, pulling him back, when I felt a blow on the back of my hand and let go, and the prisoner ran up on deck—the captain met him on deck and took this knife from him.

DAVID JENKINS . I live at the Sailors' Home, Well Street—on November 3rd I was a fireman in the Wildcroft—about 2 p.m. I saw the prisoner in the engine-room grinding this knife—he came out into the stoke-hold and told me he had been grinding the knife to cut his corns, as his feet were very bad—while I was at tea in the forecastle, about 4.45, with Stephenson and the prosecutor, the prisoner came in and went round my back to the prosecutor, and made a fierce blow at him on the shoulder or neck—Stephenson said, "Get up and defend yourself"—the prosecutor and the prisoner closed, and there was a struggle at the alley-way door—I heard someone say, "He is using a knife," and I got hold of the prosecutor's arm, and blood ran on to me—the prisoner ran up on deck.

WILLIAM READ (Thames Police Inspector). On November 30th I went on board the Mackinhaw, in the Thames, and told the prisoner I should take him into custody for attempting to murder Allexton, between Marseilles and Philadelphia on November 3rd—he said, "To attempt to murder him would be to drive the knife into him and make a deep cut, but I only slashed him at the time: when they tried me before the British Consul, they would not hear my witness, but they sent his witnesses over here; but I am pleased I shall be tried in England for it, for I know I shall get justice; he and the others called me a black son of a bitch; there was a row about filling the bread barge, and I lost my temper and done it."

The prisoner, in his defence, said that he was treated like a dog and aggravated.

GUILTY of wounding under great provocation. — Twelve months' hard labour.

62. JAMES BARTH (40) , Stealing an order for £2 9s. 10d., the property of Horace Marshall.

MR. L. SMITH Prosecuted.

JOHN EVANS ADAMS . I am a woollen merchant, of 88, Montpelier Road, Brighton—on Thursday, November 29th, I wrote to Messrs. Marshall, enclosing a cheque in their favour for £2 9s. 10d.—I posted it about noon.

JOSEPH HANNAM (145,City). On Thursday, November 29th, I found the letter-box at 125, Fleet Street, which is inside the street door, unfastened—the lock had been taken off—letters were in it—I closed the door, examined the premises, went out and reported to the manager at

Temple House—I have keys, as I am employed by Messrs. Marshall—the street door stands open till 7 or 8 p.m., as other people occupy the premises upstairs.

HENRY JACKSON . I am manager to Horace Marshall & Son, 125, Fleet Street—letters after closing time, 6 p.m., are put into this letter-box—I had locked it on Thursday morning, November 29th—I found it unfastened on Friday morning, and the lock taken off—I never received this cheque for £2 9s. 10d—I do not recognise the endorsement—I receive letters—I am the only one authorised to endorse cheques.

BENJAMIN WELCH . I am a wine merchant, at 9, Parade, Norbiton—the prisoner brought me this cheque on Friday, November 30th, and asked me to cash it—I said, "Yes"—I examined it and became suspicious, because of it being crossed, and not being properly endorsed—the prisoner told me he had been doing work for Messrs. Marshall, the publishers, who had sent him this cheque in payment for work he had done—he broke off the conversation by ordering six bottles of whisky—I told him I would get the cheque through as quickly as possible, and if he returned on Tuesday morning he could have the whisky and the money—I took it to the bank, and requested them to put it through at once, as I was certain something was wrong—on Monday morning I went to the bank—the cheque was stopped, and later on I saw detectives—on Tuesday evening the prisoner came for the cash, and was given into custody.

Cross-examined by the prisoner. I did not offer you the cheque back, but held it towards you in asking you questions.

BENJAMIN MARTIN (City Detective). I took the prisoner into custody on December 4th at Thornton Heath Police-station—I said he would be charged with breaking open a street door letter-box and stealing a letter containing a cheque for £2 odd—he said, "I know nothing about breaking open the letter-box, I admit having the cheque; it was given to me by a man in the Canterbury Road to get the cash for him; he was going to give me 5s. for it; you would do the same if you were hungry; I have been trying to find work"—on searching him I found 5s. 11d. and 18 pawntickets, half in his own name, principally for shirts, clothes, etc.

WILLIAM MATTHEWS (City Detective). When the prisoner was in custody he said he should like to write to Mr. Marshall—some paper was provided, and he wrote this letter—(This was addressed to H. Marshall, Esq., dated December 5th, from 69, Dryden Road, Croydon, and stated that he was not in Fleet Street on the Thursday, and that on Friday a man had asked him in the Canterbury Road to cash the cheque, promising him 5s., and being out of work and starving, he took it.

The prisoner's statement before the Magistrate: "I am innocent of breaking open the letter-box and receiving the cheque, knowing it to be stolen, and of the endorsement."

GUILTY .—The police stated the prisoner had been identified in connection with other larcenies from letter-boxes, and that there had been many complaints.— Twelve months' hard labour.

63. EDWARD JONES (31) , Robbery with violence, with two other persons unknown, on Lawrence Watson, and stealing 15s., his money.

MR. WATT Prosecuted.

LAWRENCE WATSON . I live at 26, Moreton Street, Westminster—I am a gunner in the C Battery, Royal Canadian Artillery—on November 21st, about 1 a.m., I was in Euston Road, and was attacked by the prisoner and two other men, who knocked me down—I was in the middle of the road, waiting for a hack, when I heard someone say, "There he is; nail him"—the prisoner struck me on the back of my head, and I got a black eye, and my lip was cut—after I was knocked down my hands were held up by two other men and 15s. taken from my pocket—the men broke away, and I chased the prisoner till a policeman took him—they all ran in different directions—the prisoner was caught in from five to ten minutes in Euston Road—I never lost sight of him—I had had a couple of drinks, but was not intoxicated.

Cross-examined by the prisoner. I lodged that night in the inspector's office because they were afraid I should not appear against you in the morning, and not because I was drunk.

SAMUEL HUGHES (685Y). On November 21st, about 1 a.m., I was on duty in Offerton Street, adjoining Euston Road—I saw several people struggling at a distance, and heard one shouting, "Police!"—I ran to the spot, and saw the prisoner being chased by the prosecutor—I caught the prisoner—the other two men ran one to the right and the other to the left—the prisoner said, "It is not me you want, it is the other two men"—I said, "I know you"—he replied, "My previous will not go against me in this case"—at the station, when he was charged, he said, "Good God Almighty! I am as innocent as the fire in the grate, how easy it is to have a man's life sworn away!"—he denied all knowledge of the two men—I found a sixpence and a penny on him—the prosecutor had been drinking, and he was dazed from the blows he had received—he had a black eye, a cut lip, and blood at the back of his head.

Cross-examined. The prosecutor did not fall on the way to the station—you were on my right, and he on the other side, part of the way—he followed me into the station—I did not ask a cabman to look after him.

GUILTY .—He then PLEADED GUILTY to a conviction of felony at Clerkenwellon August 17th, 1897, in the name of Edward Shannon. Five other convictions were proved against him.— Three years' penal servitude, and fifteen strokes with the cat.

OLD COURT.—Monday and Tuesday, December 10th and 11th, 1900.

Before Mr. Recorder.

64. ARTHUR DIXON (43) and GEORGE COLLINGWOOD (22) PLEADED GUILTY to burglary in the dwelling-house of John Lulham Pound, with intent to steal; also to a burglary in the dwelling-house of Martin Adolph Bremer, and stealing a waterproof and other articles; having both been before convicted, Dixon at Clerkenwell on July 19th, 1898, and Collingwood at this Court on March 23rd, 1896. Seventeen Previous convictions were proved against Dixon, and three against Collingwood.— Five years' penal servitude each.

65. FRANK CROWE (19) to stealing, while employed in the Post Office, a post letter containing 15s. the property of the Postmaster-General. [Pleaded guilty. See original trial image.]— Nine months' hard labour.

66. WILLIAM THOMAS TAYLOR (26) to stealing, while employed under the Post Office, two post letters containing 5s. and 2s., the property of the Postmaster-General.— [Pleaded guilty. See original trial image.] Nine months' hard labour.

67. GEORGE ALBERTTOWNES (16) to stealing, while employed in the Post Office, a post letter, containing postal orders for 4s., 4s., and 4s., the property of the Postmaster-General.— [Pleaded guilty. See original trial image.] Three months in the second division. And

(68) SIDNEY SMITH (22) to stealing from a post office letter box three letters, the property of the Postmaster-General; having been convicted of felony on February 28th, 1900.— [Pleaded guilty. See original trial image.] Three months' hard labour.

69. WM. ALED ROBERTS (39) , Forging and uttering a cheque for£28 8s., with intent to defraud.

MR. BIRON Prosecuted.

HENRY NICHOLLS . I am a cashier at the Aldersgate Street Branch of the National and Provincial Bank—on November 28th this cheque was presented to me across the counter, about 3.30, by the prisoner; I am not sure of the time to the minute—I was not satisfied with the signature; I referred it to the ledger-keeper, Mr. Fear, and also to the accountant of the bank, Mr. Boyton—I then told the prisoner I was not satisfied with the signature, and I should have to make inquiries about it—he said very sharply, "What for?"—I did not say anything; I went to the other end of the counter and spoke to a junior—the prisoner said he would be back in five minutes, and went out—I noticed that his voice was a very unusual one—I heard him speak several times before the Magistrate, and recognised his voice then—he was wearing the same beard as he is now—when he did not come back in five minutes, Mr. Blyton, whose cheque it was, was communicated with—the cheques are signed "Fisher and Neville," but Mr. Blyton is the firm—he came to the bank and made a communication—I had given a description of the man who had presented the cheque to the manager of the bank—that description was communicated to Mr. Blyton—he went away and returned with the prisoner after closing time—Mr. Blyton said to me, "Is this the man?"—I said, "Yes"—the prisoner said to me, "What time was it that you saw me?"—I said, "About half-past three"—he said that he had never been near the place at all—I have not the slightest doubt that he is the man who presented the cheque.

Cross-examined by the prisoner. The description I gave to the manager was that you were sandy-featured, tall, dressed in a light coat, a bowler hat, and wore rather an anxious, worried look—it might have been 4.30 when you came in with Mr. Blyton; I generally leave the bank about 5 o'clock—I did not leave at ray usual hour on this night—when you came in with Mr. Blyton you had on a silk hat and a fawn coat with silk facings—I did not call Mr. Blyton's attention to your change of clothing—I did not identify you by your clothes—I looked at your face—no attempt was made to detain the man who presented the cheque, or to follow him—I first heard it suggested that the man had a grey overcoat on and a tall hat at the Guildhall—I said at the Guildhall, "I recognise the accused's voice; it struck me, being musical"—I said I was musical, not that your voice was musical.

WILLIAM HENRY FEAR . I am ledger-keeper at the branch of this National Provincial Bank—I remember seeing the prisoner on the afternoon of November 28th in the bank—I have no doubt that the prisoner is the man who was at the counter on this day—I did not notice his clothes—I recognised him when he came with Mr. Blyton.

Cross-examined. I did not tell the manager I recognised you at once, because I did not think it necessary—I first mentioned it to the manager in the evening after closing hours—he did not ask me how the man was dressed.

Re-examined. I knew Mr. Boyton went into the manager's room before I spoke to the manager, but I did not know what for.

CHARLES TAYLOR BOYTON . I am an accountant at this bank—Mr. Nicholls spoke to me on November 28th about a cheque—my desk is about nine or ten yards from the place where the cheque was presented—I looked at the man who had presented it—I did not recognise him—I remember the prisoner coming back with Mr. Blyton—I could not recognise him.

Cross-examined. I gave a description of the man to the manager before you and Mr. Blyton came in—I mentioned the name of a man we know; I did not notice how the man was dressed—you came in with Mr. Blyton soon after four—the cheque was presented about 3.30—I said before, "This gentleman is taller than the gentleman who presented the cheque."

Re-examined. I saw the upper portion of the man over the counter.

JAMES CHARLES BLYTON . I am a mantle-maker in the name of Fisher & Neville, at 7, Monk well Street, City—I have an account at the Aldersgate Street Branch of the National and Provincial Bank—on November 28th, about 3.30, a messenger came from the bank and brought this cheque (Produced)—it is a forgery; it is not signed by me or by my authority—it has a resemblance to my signature—I looked at my cheque-book, and found that the counterfoil and cheque between Nos. 29509 and 29511 were missing—the counterfoil before the missing cheque is dated July 30th—my cash-book was entered up by the prisoner for the week ending July 31st—we make up the books on Tuesday afternoon—the prisoner attended as the representative of the accountants, Messrs. Foster, Wright & Co.—he was bead clerk to the firm of accountants whom I employed—he or some other clerk came every week—he would have before him the cash-book, the pass-book, and the cheque-book, and from them he would prepare a statement similar to the one produced now—this is the statement that he made—it shows the amount there is in the bank in the firm's name—when I found the cheque had been forged, on November 28th I went round to the bank, where I was given the description of the man who had tried to cash the cheque by the manager—in consequence I went to the accountants' office and saw the prisoner—he went with me to the bank—I told him what I wanted him to go with me for when we got outside the office—I went up to the counter at the bank with him, and Mr. Nicholls said, "That is the man"—we went into the manager's office—Mr. Boyton came in—he was not able to identify the prisoner—I remember the prisoner coming to my office on November 27th to make up

my books as usual—he had the cash-book, the cheque-book, and the pass-book before him—this is the account which he made out, purporting to be an extract from those books, showing the amount of money in the bank—the balance at the bank for the preceding week was £880 19s. 11d.—the amount paid out was £621 9s. 3d.—there is an entry in the prisoner's writing of £593 1s. 3d.—the addition in the cash-book is correct—it appears that more money was paid out than really had been; the difference being £28 8s., which is the amount of the forged cheque—the amount £76 8s. 11d. is made up of the outstanding cheques, and includes the sum £28 8s.—there is a slight alteration in the pass-book, which I believe is in the prisoner's writing—when the prisoner was given my pass-book on November 27th the returned cheques would be in the pocket of the book—there should have been one for £28 8s., but there was not—I have seen nothing of it since; I think it was dated November 24th.

Cross-examined. The bank messenger called at my office about 3.30—Monkwell Street is about two or three minutes' walk from the bank—the manager gave me the description of the man who had come to the bank, as a tall man with a red beard—he said he had an overcoat on, and I believe he said he had a tall hat on—I did not hear anything about a bowler hat—I cannot say I have ever seen you wearing any hat except a tall one—at your office you pointed to your coat and said, "Do you call that grey?" and I said, "Yes, a dark grey"—your figures in my cash-book are correct—there appears to have been an alteration in the sum £593 1s. 3d., but you have initialled them—there is "T.U.T.," and then "W.A.R."—the practice is, if there is a mistake, to put the pen through the figures and initial them, and not to scratch them out—I should suggest you erased those figures—these alterations were on the pink paper when I had it—I do not know if the £28 8s. was blue ticked at the Guildhall; the accountants have had the books to make up since—you did not say you had never been to the bank before we got into the manager's office—I do not remember saying to you, "It is evident, Roberts, if you were in the office you were not here"—I had already found out that you had been out of the office—our office was never left without someone in authority; if I or one of my brothers were not there you were in authority—the cheque-books were kept under lock and key—they could be got out by taking the drawer above the one they were in out, and putting your hand in—I do not think anything was said about the grey overcoat till we were at the Guildhall.

Re-examined. All the entries and items in the cash-book are in the prisoner's writing.

FRANK HALLAM (Detective Sergeant). On December 4th I went to the prisoner's residence, 406, Romford Road, Forest Gate—I said, "I have a warrant for your arrest"—he said, "Yes, I know; I went with Mr. Blyton to the bank the other day, and one gentleman said I was the man, and another gentleman said I was too short"—the bank is five minutes' walk from the accountant's office, and two or three minutes from Mr. Blyton's.

Evidence for the defence.

WALTER CARGILL . I am a clerk in the office of Messrs. Foster, Wright

& Co.—on November 28th you and I were working at the same desk; we went and had lunch together—I do not think you left the office from 2 o'clock till 3.15, when I went out—I put the time down the same night or the next morning in the time-book at the office—you said I could get a cup of tea at Blyton's—I was going to work there on the books—I left you in the office—you were in the office when I returned soon after four—I was at Mr. Blyton's when the officer came from the bank—I remember your calling Mr. Blyton's attention to your overcoat—the clerks hang their coats and hats up behind the door—cheques which had not been passed through the bank were called outstanding cheques; they would be ticked in the cash-book—I think there are four cheque-books in use—they are kept in a drawer under lock and key—they can be got out without the key—I have seen them taken out—several people used the office—I never thought that we were ever in charge of the office.

Cross-examined. When I had finished with the books I either put them into the safe or left them on the desk—they would be on the desk while tea was going on—I was there on the 28th—the entries referring to the account are not made in my writing—the item £593 1s. 5d. looks like the prisoner's writing—I was at Mr. Blyton's office about half an hour on the 28th before the messenger came—I see in the time-book that my name has 3.15 against it—the prisoner signed his name at 4.20, but there is no entry of his about 3.15.

Re-examined. I will not swear that £593 1s. 3d. are your figures, but there is the appearance of other figures having been rubbed off—the cash-book was in our office for about a week—I have called attention to the untidy way the books were kept by the clerks in Mr. Blyton's office.

J. C. BLYTON (Re-examined). On examining my cheque-books I missed a cheque from another book about the same date—the cheque and the counterfoil were torn out—I cannot trace them—I remember an error occurring like this some months ago—I had a conversation with prisoner about it, and he said it was a clerical error.

SIDNEY FOSTER . I was a clerk to the accountants when this happened—I remember Mr. Cargill going out on November 28th about 3 o'clock—you were in then—you had not been out since lunch time—I remember a Mr. Alexander being in the office—he went out after Mr. Cargill—you had not been out then—Mr. Alexander was telling us a tale, and you were just going out—you had a silk hat on and an umbrella and a frock-coat—you were out about 15 minutes—when you came back you said to me that it was hot, and you were hotter because you had just had a cup of tea—you returned before Mr. Blyton came—when Mr. Blyton came you said to him, "Do you call this a light overcoat?"—he said, "No, I don't think I do"—I have seen you in a straw hat in the summer—I have never seen you in a bowler hat—I do not recognise the figures £593 1s. 3d. as yours—I know your writing well.

Cross-examined. I should not like to say if they are the prisoner's figures or not.

JOHN FOSTER . I am senior partner in the firm of Foster, Wright & Co.—I remember the day on which Mr. Blyton came in—he said that a messenger had come from the bank with a cheque, and from the description given by the bank, he thought the man who had brought it might

be you—he said to me, "Will you instruct the accused to go with me to the bank? you need not say what I want him for"—he also asked me if I knew whether you had been out that afternoon—I found that you had—I do not remember anything being said about the clothes—I did not notice whether you had an overcoat on when you came back from the bank—you said then to Mr. Blyton, "Are you coming down with me to Lyons's Cafe, and I will point out to you the girl who served me with tea and a toasted bun—I believe he did not go down—you have been in my service two years and a half—you were principal auditor in the office—up to this time I have had every Confidence in you, with one exception; that was a matter which was brought before us in the early part of the year—we had your explanation of the matter—you made a form of declaration, which we accepted—a complaint had been made by some clients of ours—there were some irregularities in the books—I do not remember anything of a bribe being made to you of £50 by some clients of ours.

Cross-examined. The other case was for obtaining cash belonging to the firm, and forging a cheque—the facts were almost identical with this case—he borrowed small sums from me—his remuneration was £2 15s. a week.

Re-examined. You have always paid me back—I used certain money of yours; I borrowed £20, I think—you have borrowed £7 and £3 from me.

C. J. ALEXANDER. I remember going to Foster & Wright's office one day; I think it was on the 28th.; I cannot be sure of the date—I remember the day, it was about 3 p.m.—I was shown into Mr. Foster's room—I stayed there about 15 minutes—I remember coming out and talking to you and Mr. Sidney Foster—I told you a tale out of Tit Bits—you were in the act of going out—I called next day—there was a dispute about the time I had been there the previous day—I said it was possibly 3.30 or 3.45—you are quite a stranger to me, except that I have seen you in the office.

REV. JOHN WILSON ROBERTS . I am a Methodist minister—the prisoner is a Welshman, and a member of my congregation at Romford Road, Forest Gate—I have known you 20 years, I think—I have never heard anything against his character—I know his home and family.

Cross-examined. I do not know if he was in the service of the London & North-Western Railway Company—I do not know anything about him in his business—I do not know that he was dismissed from the London & North-Western Railway for cash irregularities—I do not know if he went to some grocers at Liverpool, or that any complaints were made against him there—I do not know that he went to America prior to 1895—I went to Forest Gate in January last, and he was there—I have not known him continuously for 20 years.

JOHN FOSTER (Re-examined). You said you wished to leave our service just before this occurrence—I knew you had got another place—I probably said to the Rev. Mr. Roberts that if this had not happened the reference that would have been given you would have been satisfactory,

but we decided it was our duty to mention the particular case to which I have referred.

The prisoner, in his defence, said that he did not go to the bank or cash the cheque; that when he left the office in the afternoon he went to get some tea; that he did not steal the cheque out of the book; that there was no evidence of identification to rely on, and that he did not make the prosecutor's books up between July 30th and August 3rd.

MR. BLYTON (Re-examined). The cheque was taken prior to August 3rd; this is the book the prisoner kept; it is dated July 30th.

GUILTY .— Eighteen months' hard labour.

70. SIDNEY DUBISSON (20) PLEADED GUILTY to stealing a cheque for £146 108. 6d., the property of Charles John Parkinson, his master; also to forging and uttering a receipt for the same cheque, knowing it to be forged.— Nine months' hard labour. And

(71) JOHN WOODGATE KINSELLA , to feloniously marrying Mary Beal, Mary Ann Dormer and Mary Ann Jennings, his wife being alive.— [Pleaded guilty. See original trial image.] Five years' penal servitude.

OLD COURT.—Wednesday, December 12th, 1900.

Before Mr. Justice Ridley.

72. CHARLES EADE (38) PLEADED GUILTY to feloniously sending a letter to Benjamin Mark Linnett, demanding money with menaces; also to embezzling £10, £1 11s. 8d. and £l 13s. 8d., the moneys of his said master.— Twelve months' hard labour. And

(73) EDWIN HANSEN (24),otherwise ARTHUR ESENER , to feloniously wounding Anna Grandahl, with intent to do her grievous bodily harm; having been convicted on September 29th, 1899. [Pleaded guilty. See original trial image.] Seven other convictions were proved against him. (See Vol. C XXXII., page 588).— Ten years' penal servitude.

74. MARIA ABBOTT (47) , Feloniously throwing upon Thomas Abbott corrosive fluid, with intent to do him grievous bodily harm.

MR. HUMPHRIES Prosecuted, and MR. GUY STEPHENSON Defended.

THOMAS ABBOTT . I am a pensioned ex-inspector of the City Police, and live at 60, Brighton Road, South Hornse✗, with my wife and six children—on November 15th I sat down to dinner in the kitchen with my daughters, Florence and Maude, and two small boys—my wife had prepared the dinner—she served it out, as far as I recollect, and left the room—she came in two or three times and was meddling with the youngest one's dinner—she then took a spoonful of gravy out of a basin of beef-steak pudding—I said, "Don't put that spoon back again; I don't like such ways; why don't you sit down and have dinner properly? you are a nuisance; clear out of it"—she went towards the dresser and, I believe, took something off it, but I am not quite certain—she went into the scullery—she was away about a minute and a half, and came in and touched me on my left arm, and directly I felt something touch my eyes and a burning sensation—she said, "Take that, you b—"—I ran into the garden and took off my shirt—I thought I was in flames—I felt some water thrown over me, I think by my daughter—I told them to run

for a doctor quick—two doctors came; I was attended to and taken to the London Ophthalmic Hospital, where I have been ever since.

Cross-examined. We have been married over 26 years—my wife is 47—we have not been on very good terms lately; unfortunately, she has given way to drink—she has been a little strange in her manner lately—I have put it down to change of life, but I have noticed that when she took to drink she was very irritable—she sometimes imagined things which did not take place, and accused me of things which never took place—I spat in her face once; I could not help it, she exasperated me so—I threatened her with a revolver once to frighten her—I have not done so with a razor; she imagined that—I have said she would drive me to suicide if she kept on—I never threatened her with a dagger or a large table-knife—I have thrown water over her when she has been hysterical

FLORENCE ABBOTT . The prisoner is my mother—on November 15th I was sitting down to dinner with my sister Maude, two young brothers, and my father in the kitchen—my mother came into the kitchen, and then went into the scullery, she then came into the kitchen again—she caught hold of father's shirt-sleeve with her right hand, and with her left threw the contents of an enamelled mug into father's face, saying, "Take that, you b—"—she had not sat down to dinner at all—I did not notice anything unusual about her—she seemed rather funny—she would not speak to us when we spoke to her—she ran out of the kitchen, but I do not know where she went—I sent my little sister for a doctor, and I then went for one myself—they both came—I afterwards found the mug on a stand in the passage—this is it (Produced)—it was never used at home—mother bought it for my sister at her work, and she brought it home—it was hanging on the dresser in the kitchen—I have never seen this bottle before (Produced).

Cross-examined. My mother was rather funny in the morning—she has been rather strange of late—she imagined things sometimes which had not happened—I do not remember going to see my father off to Scotland in the summer of 1899—I think he went to Scotland—I do not remember who went to see him off—I do not remember hearing of anything happening on the way—my mother has been drinking spirits of late; I do not knew if she had been drinking that morning.

Re-examined. The spirits did not seem to make my mother drunk; they seemed to make her rather funny—the last time I saw her funny before November 15th was six or seven months before—I had not been away during the six or seven months.

MAUDE ABBOTT . The prisoner is my mother—I saw her throw the contents of this mug into my father's face on November 15th—I saw the mug and this bottle about a fortnight before that; she pulled the bottle out of her pocket—we were in the kitchen, having dinner—I asked her what it was doing in her pocket—she said it had nothing to do with me but that the doctor had given it to her—I did not see it after that till it was shown to me at the Police-court—I did not see it on November 15th.

Cross-examined. I do not remember my father going to Scotland about a case in November, 1899—things have not been very happy at home lately—mother has been rather strange in her manner at times; she sometimes imagined things which did not really happen; she has been drinking

for some time past—she had been behaving a little oddly just before the stuff was thrown.

Re-examined. She did not tell me about things that she had imagined that had not happened; somebody else told me.

ARCHIBALD MACFALE , L.R.C.S. I practise at 138, Stoke Newington Road—on November 15th, about 2.15 p.m., I was called to Brighton Road—I found Thomas Abbott sitting in the scullery, terribly burned about his face, shoulders, and the upper part of his body, by some corrosive fluid—I was shown this mug on the day of the Police-court proceedings by the police; it contained some vitriol, or impure sulphuric acid—this bottle contained the same—the injuries I found on the prosecutor could be caused by the fluid—I advised that he should be taken to the hospital, which was done.

Cross-examined. A woman aged 47 might have her mental faculties somewhat obscured; it is called change of life—if she was hysterical, that would have still more effect upon her—I do not think that she would have any difficulty in distinguishing between right and wrong—being an hysterical woman, she might do an act the quality of which she would not appreciate.

Re-examined. I never saw her before that day—I should certainly not like to say whether she is insane or not.

WILLIAM EDWARD SMITH . I am house surgeon at the Royal London Ophthalmic Hospital, City Road—the prosecutor was admitted there on November 15th—he has been under my charge ever since, and has come from there to-day—the injuries he has received could be caused by vitriol—we have not been able to save either eye, and they have been taken out.

Cross-examined. I was in Court when the last witness was cross-examined—I agree with his answers mainly.

By the COURT. There is no danger to his life now.

JOHN TYRELL (221N). About 1.55 p.m. on November 15th I was called to 60, Brighton Road, South Hornsey, where I found the prosecutor being attended by two doctors—this mug was handed to me, containing a small quantity of fluid—I searched for the prisoner; she was not in the house—I went to 69, Brighton Road, where I found her—I asked her if her name was Mrs. Abbott—she replied, "Yes"—I told her I should have to take tier into custody for throwing a quantity of fluid into the face and eyes of her husband, at 60, Brighton Road—she replied, "It serves the b—right; I threw a lot of stuff over him; it is used for cleaning brass-work; it is called vitriol"—I took her to the station, and the prosecutor to the hospital.

Cross-examined. When I found the prisoner she was sitting in a chair; she was not laughing, or arranging her hair—two other ladies were there; I do not know who they are—she did not appear to be strange; she seemed to be sorry for what she had done.

EDWARD KNEW (Detective Sergeant). I saw the prisoner at the Stoke Newington Police-station at 7 p.m. on November 15th, and formally charged her—she said, "Yes, yes"—I went to 60, Brighton Road, and searched the house—in the front parlour behind the piano I found this bottle; it had a little liquid in it.

Cross-examined. The prisoner did not express any sorrow for what she

had done; she did not seem to be proud of it; she treated it as a matter of course.

FLORENCE ABBOTT (Re-examined). My mother used to imagine that everybody else was against her—the last time she said so was two or three months before November 15th—I do not think she imagined anything else.

Cross-examined. I do not think that my father threatened her with a dagger—she threatened to cut my throat and my sister's the very night before this happened—I did not take much notice of it; at other times she said, "I will kill you"—once when I was ill she told me I should be a corpse by the morning—I was present when she was arrested—I did not see her arranging her hair then—she did not seen to realise that she had done anything wrong; she seemed just the same as usual.

DR. JAMES SCOTT . I am medical officer at Holloway Prison—the prisoner has been under my observation since November 16th.

Cross-examined. She is a very hysterical and excitable woman—she has made a number of strange statements about the treatment she has received at the hands of her husband—she said he behaved with great violence to her—49 is a very critical period of a woman's life—I could not say that she would not appreciate the quality of an act of this kind—she may not have known that her act would cause these injuries.

Re-examined. I have had information about her drinking habits—she has denied that she drank.

GUILTY .— Five years' penal servitude.

75. MARY ANN HODGE (35) , Feloniously setting fire to a dwelling-house in which were Annie Faith and other persons.

MR. CUNDY Prosecuted.

ANNIE FAITH . I am the wife of Frank Faith, and live now at 16, Waxwell Terrace, Lambeth—on Thursday, November 22nd, I was staying at 2, Waxwell Terrace—the prisoner took me in—she asked me to come into her house—she had been beating her child—she was drunk—she went downstairs, came up again, and said, "I said I would do it, and I have done it; I have set fire to the f—house"—that was about 5.30 p.m.—a lamp was hung up over the mantelpiece in the back kitchen, where I saw it just before the blinds caught on fire—somebody came in and put it out—I did not knock the lamp out of her hand; I was not there.

Cross-examined. When you went to light the lamp I did not strike you in the face and knock the lamp down; I was not there.

CLARA FARRON . I am the wife of James Farron, a carman, of 2, Waxwell Terrace, Lambeth—I rent the ground parlour and the back kitchen—I took the prisoner in because she had got notice to quit her place—my lamp was kept on the mantelpiece—on this Thursday, about 5.30, I was standing at the front door; the prisoner came up the stairs and said, "There you are; I have been and done it; I have set fire to the f—kitchen,"—I said "Whatever have you done you wicked woman?" I ran to the top of the kitchen stairs and saw it was all alight—I screamed and some people came—the prisoner had been drinking—she did not say anything about dropping the lamp.

By the COURT She had the right to light the lamp—she could not see to do anything in the kitchen without doing so.

MARTHA AMELIA HOWARD . I am a widow, and live at 2, Waxwell Terrace, Lambeth—I had a front kitchen and a back parlour, and Mrs. Farron had the back kitchen and the front parlour—they are all downstairs on this Thursday, about 5.30, I came home and went into my room—I locked the door because a quarrel was going on in the house, and I did not wish to be in it—I heard the prisoner say "I said I would do it, and I have done it"—I did not know what she meant by that—I did not know the place was on fire till the police came—the prisoner was afterwards found under my bed, she was the worse for drink.

JAMES BARNETT . I live at 15, Boniface Street, Lambeth, which adjoin the premises which caught fire—I am a coal heaver—I found the place all alight and put it out—I found this lamp (Produced) under the table—I did not see the prisoner—the curtains, the blind and the top of the window were alight.

JOHN FOGWILL (14L). On the evening of November 22nd—I examined this back kitchen—there was a strong smell of paraffin—the wall under the table was scorched—the window frame was also scorched and blistered—the curtain and blind had been burnt, and also some rubbish in the kitchen.

FREDERICK ANDERSON (387L). About 5.30 on November 22nd, I was called to 2, Waxwell Terrace—I went upstairs and found the prisoner under a bed—I asked her to come out, she said, "Yes, I will come out for you"—in her presence, Faith said, "I met her on the top of the stairs; she said 'I have set the f—kitchen on fire' "—the prisoner replied, "You wicked woman!"—I took her to the station—on the way she said, "If anyone set fire to the place she did" alluding to Faith—when charged she said, "I will go without any fear; I took that woman in a week ago"—she was excited; I cannot say that she was drunk.

The prisoner's statement before the Magistrate: "I have to say, your Worship, that the witness Faith struck me in the face and knocked the lamp out of my hand. I have no witness."

The prisoner, in her defence, on oath, said that Faith struck her in the face and knocked the lamp, which she had, out of her hands, and it set the place on fire, and that she concealed herself under the bed from all the fury of the women in the house, who had threatened her several times.

NOT GUILTY .

NEW COURT.—Wednesday, December 12th, 1900.

Before Mr. Recorder.

76. WILLIAM ERNEST SEDDON PLEADED GUILTY to unlawfully obtaining a security for £55 10s. by false pretences.— Recommended to mercy by the prosecutors.— Discharged on his own recognizances.

OLD COURT.—Thursday, December 13th, 1900.

Before Mr. Justice Ridley.

77. FREDERICK JOHN PIPER, For that he being a trustee for £14 6d., £14, £14 18s. 4d., £15 12s. 2 1/2 d., and £14. 1d., did unlawfully and with intent to defraud convert the same to his own benefit.

MR. STEPHENSON Prosecuted and MR. SYMONDS Defended.

MR. SYMONDS submitted that the indicment should be quashed as it did not show upon the face of it any offence known to the law, being framed under Sec. 80 the Larceny Act of 1861 nor that the defendant was a trustee. MR. JUSTICE RIDLEY considered that the indictment was right, but that it was hardly a case to go to the JURY: upon which MR STEVENSON offered noevidence.

NOT GUILTY .

78. LOUIS KANE (27) , Having been intrusted as an agent with a security for the payment of £60 with a direction in writing, applying the same to his own benefit.

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

HUMPHREYS and MR. BOYD, Defended.

ELIZABETH MARY WILLIAMSON . I am a widow—in November I was staying with my daughter at the Tudor Hotel, Oxford Street, for about three weeks—the prisoner was staying there too—I had not met him before—on November 13th he brought me a newspaper and pointed out an advertisement of the Baker Street and Waterloo Railway—he said it would be a safe thing to invest in, that he was going to invest, and it would pay a good percentage—on the day before I gave him a cheque for £6 10s. to make a bet for me at his suggestion—it did not come off—I said I had some money which I wanted to invest—he said he was going to apply for 60 shares for himself—I said I should like 60 shares—I got my cheque book—my daughter advised me not to invest—I wrote this cheque for £60 (Produced) on Parr's Bank, Notting Hill Branch, dated November 13th to Louis Kane or order £60—it has been passed through the bank and endorsed "Louis Kane" on the back—I belive that is the prisoner's writing—it is an open cheque—he asked me not to cross it because he wanted to cash it at once, as the list would be closed, and there would not be time to cash a crossed cheque—I asked him for a receipt—he gave me one after I wrote the cheque, and before he left with it—it was on the hotel paper—on the front of it there is a receipt for the bet—(Produced)—he calls himself "Professor Kane"—I think he is a professor of thought reading—(Read: "Received of Mrs. Williamson £60 for 60 shares in the Waterloo and Baker Street Railway, to be returned if the shares cannot be obtained.—Professor B. Kane")—if he could not get the shares he would let me have the money back—he wrote the receipts for both the sums at the same time—this was about 2 or 3 p.m.—he asked me to be quick, or else the bank wound be closed—I believe he left the hotel then—I did not see him again till next morning; then I asked him if he had got the shares; he said he had only got 60 in all—that would be 30 for me—I asked him for the other £30 back—he said that would remain for the next instalment—he showed me a prospectus of the company, and a receipt—I did not look at it very carefully; it was in the joint names of Professor or Mr. Kane and Mrs. Williamson—I do not think I took it into my hand; it was on white paper—he kept it—this the prospectus (Produced)—the next day I asked if I could sell my shares,

because I had changed my mind—he said he wished I had told him that before, as he could very likely have transferred them—he showed me a letter to somebody named Robinson—I do not think I read it—on Monday, November 19th, I went to the Company's bankers Lubbock & Co., and made inquiries about the cheque; I went on to the promoters, the London and Globe Finance Corporation—I think the bank told me to go there—there were no entries of shares having been purchased in either of the names—then I went and saw Mr. Martin, a jeweller, in Oxford Street near the Tudor—I told him what had happened—I saw the prisoner on the 19th at the hotel—he said he had not been able to sell the shares—Sergeant Clark and Mr. Martin called on me that evening; I never got any shares or any of my money from the prisoner.

Cross-examined. I think I gave the prisoner the cheque in the smoking-room of the hotel—I think I saw him again about an hour after—I cannot remember when it was that he gave me the receipt.

Re-examined. It was on the same afternoon that he gave me the receipt—it was before he went to the bank to get the cheque cashed.

HENRY SADLER ALFORD . I am a clerk in the Notting Hill Branch of Parr's Bank where the prosecutrix has an account—this cheque was presented there on November 13th between 2 and 3, I fancy, and, to the best of my belief, by the prisoner—it was paid by six £5 notes, one £10 note, and one £20 note—this is an extract from the books of the bank—a memorandum was made of the notes, on the back of the cheque

GEORGE WILLIAM MARPLE . I am a clerk in the employ of the Baker Street Railway Company at their registered offices at Victoria Street, Westminster—I am in charge of the statements containing the application of allotments and the ordinary preference shares in the company—I have examined the whole of them—the name Louis Kane or Elizabeth Mary Williamson do not appear as applicants for shares.

WILLIAM MARTIN . I am a jeweller, of 137, Oxford Street—I know the prosecutrix—on November 19th I saw the prisoner at her request at the hotel: I asked him what he had done with the money which he had obtained from Mrs. Williamson, and which he was to invest in the Baker Street and Waterloo Railway—he said he had applied for 120 shares, 60 for himself and 60 for Mrs. Williamson—I asked him whether he had cashed the cheque at the bank—he said, no, he had not; he had handed it over to a man named Weller, who was his broker—I asked him for Mr. Weller's address, and he did not seem to know—I asked for a directory to see if I could trace the address, and was unable to find it there, or in the telephone book—he said Mr. Weller was a member of the Stock Exchange, and gave an address, in Copthall Mansions I think it was—I could not find it—I asked trim if he cashed the cheque at the Notting Hill Branch of the bank—he said no, he had not—I asked him what time he was in the City that afternoon—he said about 3.30—he said that Mr. Weller had the money for the cheque—I told him I had been to the bankers of the company, and they could find no trace of either name on their books—he said perhaps it was in the broker's name—I said, "Have you got the broker's contract or the banker's receipt?"—he said he had had a receipt, but he tore it up; he did not keep such things—I saw him on the 20th at the hotel with a person who was supposed to be his wife—he

then told me he had not applied for the shares, and that he had lost the money gambling—the police had been communicated with then—I said, "Then you did cash the cheque"—he said, "Yes, I did."

ARTHUR CLARK (Detective Sergeant). On November 20th I saw the prisoner at the Tudor Hotel, Oxford Street—I told him I was a police officer, and had a warrant for his arrest—I read it to him—he said, "If Mrs. Williams had given me two or three days I could have paid her back the money"—I found a pawn-ticket on him, dated November 3rd, 1900, for a suit of clothes, and also a receipt for his hotel bill, £13 4s. 3d., dated November 14th.

MR. HUMPHREYS submitted that there was no case to go to the JURY, as there was no direction in writing given to the defendant; and that there was no written undertaking to apply the money to a certain purpose. (See Reg. v. Brownlow, "Coxs Criminal Cases," Vol. XIV., page 216.) MR. JUSTICE RIDLEY reserved the point for the Court of Crown Cases Reserved.

GUILTY .—The JURY considered that the receipt given by the prisoner was part of the same transaction at which the cheque was handed to him.— Discharged on recognizances to come up for judgment.

NEW COURT.—Thursday, December 13th, and

OLD COURT.—

Friday, December 14th, 1900.

Before Mr. Recorder.

79. WILLIAM BUNBURY (38) and FREDERICK HISCOCKS (65) , Unlawfully conspiring to obtain £10 and £50 from James Clerary by false pretences.

MR. C. MATHEWS and MR. BODKIN Prosecuted.

GEORGE INGLIS BOYLE . I am Official Manager in the Bankruptcy Court—I produce the file in the bankruptcy of William James Bunbury; the adjudication was on August 20th, 1895; the liabilities £1,341 19s., and the assets nil—he is still undischarged.

Cross-examined by Bunbury. There was no opposition, but you never applied for your discharge.

JOHN JAMES CLERARY . I am a Customs' engineer, and live at 249, Alnwick Road, Custom House—in October, 1899, I had saved £95, and wanted to take a public-house—early in October I saw this advertisement in the Daily Chronicle—(This advertised a public-house of Messrs. Whitbread's for sale for £75, in consequence of a serious injury to the proprietor.—Address, Bunbury & Co., Auctioneers, 28, Finsbury Circus.)—I went there, and saw the two prisoners—they told me that the house was the Hope, in Banner Street, St. Luke's, and asked how much I had got—I said, "£75"—Mrs. Clara Allen, who acts as my housekeeper, went there with me—the prisoners said that it was a good house, and I should get on very well in it if I could cater for men's dinners—Mrs. Allen said that she could do that—they asked for £10 or £15 deposit, but that £10 would do—I said that I could get £10 next day, October 4th, which I did, and a receipt was given me, which I tore up—Mrs. Allen and I went to see the Hope with Hiscocks—it looked pretty fair, and I told Hiscocks I thought I would take it—that was after I had received this letter of

October 7th, asking me to call on Monday next, and accompany him to the brewers—I went to Finsbury Circus on the Monday, and saw both the prisoners, and we went in a cab with Mrs. Allen to Whitbread's—we called at a public-house, where I paid Hiscocks a fee of 4s. 6d. for going to the brewers—he then left us and went into the brewery, and came out and said, "Come on, you can't see it now; you must see it another time"—on, I think, the 15th, we made another visit to the brewery with Hiscocks and Mrs. Allen—I went into a passage, and sat down on a seat, and Hiscocks went in, and came out, and said, "You cannot see the brewer"—he wanted a fee of 10s. that day, and he gave me this I.O.U. for it; I have never been paid—next day, October 16th, I went to the office again, and saw Hiscocks; Bunbury was not there—Hiscocks told me that the Hope was sold—I asked him for my money back; he said that he would acquaint Mr. Bunbury with it, who had gone to Southampton for a week—on October 17th I got this letter—(Stating that Banbury was out of town, and when he returned he would make an appointment; signed "pro Bunbury & Co., F. H.")—I called two or three days afterwards, and was told that Bunbury was still at Southampton—I then got this letter—(Asking him to call on Bunbury on Thursday next, at 3 o'clock)—I found them there, and said that I wanted my money—Bunbury said that Bird had got it, and would forward it—on October 27th I got this letter—(Asking him if he had settled anything yet; if not, he could arrange matters; signed "F. H."—that induced me to go again; and I saw both the prisoners—they said that the Hope was still open for me, and wanted to know why I demanded the return of my money, and they wanted to introduce me to some more houses—I could not get my £10—one house was the Hermit, in Bedford Street, Mile End, which they said required a manager at £2 a week, and to get it I was to put down £70 as a guarantee for my honesty, and a month's notice was to be given on either side; and if I did not suit, the £70 was to come back to me—all that was embodied in an agreement—I afterwards paid down £50 at the Tiger—Mr. Miller's wife was there, and the prisoners—Mrs. Miller took the money up, and I thought I had paid it to her; and after that the agreement was reduced to writing, and I signed it—I was to have the £70 returned to me at the end of a month, plus 5 per cent.; if not, it was to go towards the payment for the purchase of the house—when the agreement was signed £10 was paid to make up the £70, and I paid £5 to Bunbury on the stock-taking—I never went to look at the house—after I had been there as manager for a bit they proposed that I should purchase the house for £700; I told them that I could not do it, but I had a brother-in-law at Durham who might help me—they wanted me to go to Durham and get £50 or £60, if I could manage it, and Bunbury said that he had an interest in the house independent of the brewers, and what I could not get he would put to it—Hiscocks went with me to see my brother-in-law, and asked him for £50, and told him that if he did not get the money I should forfeit the deposit—he said that he could not do it—£3 was obtained from my brother-in-law to pay Hiscocks' train fare and part of mine—I had paid the fare down—we stopped at Durham all night, at the station—we came back to London, and I saw Bunbury, and told him that I could not get the money—I continued my

managership after I returned—I took £16 the first week, and afterwards £12 a week; that is very small—I got my £2 a week from Mr. Miller as long as I managed—while I was there I got this letter—(This stated that if the purchase was not completed at once, the part paid would be forfeited, signed "Bunbury & Co., W. Bunbury.")—the body of that letter is His cocks' writing—I had received the agreement, but did not notice that it says that unless the amount was paid the deposit would be forfeited; I did not understand that—I did not believe that at the end of a month I should have my money back and 5 per cent, interest—about January 3rd, 1900, Hiscocks came to me at the Hermit, and said that Bunbury had done a grand thing for me; he had deposited £20 with the brewers for me, and I must let him have as much money as I could to pay Bunbury—I gave him £5—he said, "I want more than that; I can't take less than £10"—I had not got £10—Mrs. Allen was there; she pledged some jewellery and got about £4, and I borrowed £1 as a loan, and Hiscocks got the lot—this (Produced) is the I.O.U. for the £1—I believed the statements they made about Whitbread's having my money for the Hope—when I paid this £10 on January 11th I believed that £20 had been deposited at Taylor and Walkers to enable me to complete my purchase—Hiscocks told me that Bunbury had £5,000 in licensed houses, and they both told me that Bunbury had just discovered by the news-papers that he was related to Lord Roberts—I have had to go back to my original occupation—I was at the Hermit about a fortnight—I left Mrs. Allen there—I left because they threatened to take my furniture and throw it in, the road if I did not go out, and they came and turned me out of the bar about January 15th; they said that they came to take stock, and that I was done, and was to clear out—Bunbury told me to take what belonged to me and clear out—Hiscocks could hear that—I asked when I should have my £70—Bunbury said that he would see to that all right, and I went out nine or ten days after the stock-taking—I could not shift the furniture—I told Hiscocks in his office that I had no money—he said that Bunbury ought to have given me £5—Mrs. Allen afterwards came to where I was living—after that I applied to the prisoners for my money, but could not get it, and Mrs. Allen applied for it—on April 17th I got £5 back—Mrs. Allen handed me this document: Received of Mr. Miller £5 on account of £70; the rest to be paid by instalments of £5"—£5 was all I got, and I paid about £90 in all—it was Mrs. Allen who communicated with the authorities.

Cross-examined by Bunbury. I had the order to view, about October 2nd, and went to the house on the 4th, and saw a little bit of it—I was not referred back to you—you did not afterwards give me an order to go to the Sugar Loaf, but I went—I did not come back about it—I did not see Mrs. Miller at the Hermit—you deluded me by asking me to go and see the solicitor—I did not give you an I.O.U. for ten guineas—I would have paid you with a stick if I could—I tore up the receipt for £5, which I paid you, as you put it, on December 4 th, instead of October 4th—the barmaid did not make any accusation against me and Mrs. Miller—she spoke to me at the Tiger—a police constable came to the Hermit, and mentioned a conviction against me at Maid-stone—he wanted to know what I was charged with, and

I told him all about it, and that I was not convicted—I was fined for being drunk, and acquitted of presenting fire arms—Mrs. Miller did not complain to me about the carryings on in the bar—I got to understand that Mr. Miller was the owner of the Tiger—Mrs. Miller said, I have the money; part I gave to the brewers, and part I have to keep the kids with"—you did not say that you charged me £I0 for the labour you had in the transactions; it is a lie—I did not tell you that I should like to buy the house—I know nothing about using fire arms at Ilford.

Cross-examined by HISCOCKS. I saw you in the office—we went twice with Mrs. Allen to Whitbread's Brewery, and you were unable to see the manager—after that we went to the Police-court and took my references, but I did not go in; you told me to stop outside.

Re-examined. The incident of the IOU, which I say I never signed, was on November 7th at Kemp's offices, where Mr. Smith was—there was, £10 on it and no other writing, and I put my name to it—this is it (The letters "IOU" were written over the£10)—I got some papers from Mrs. Allen—on January 8th I went to the office, and Bunbury told me he would give me all the money—he handed me this copy of the agreement in exchange for the papers I gave him—there were three receipts, one was for £10 and one for £5, which he tore up and said, "They are no good," and gave me another in their place—I went to Durham with Hiscocks immediately after this letter; it was on December 21st—I do not know that I have to give notice before the transfer of a house can be made—I paid money to the Magistrate's clerk for transferring the license of the Hermit from Miller to me—Bunbury said I was to give Hiscocks 30s for his (Bunbury's) expenses in going to the brewers—I did so on December 16th, and have got it down on that day.

CLARA ALLKN . I live at 49, Alnwick Road, Custom House—Mr. Clerary has lodged with me some time, and I knew that he had over £75 saved up—he answered an advertisement, and I went with him to Bunbury and Hiscocks' office on several occasions—I was there when he paid £10 deposit for the Hope, and when another £10 was paid down, but not when the £60 was paid—I afterwards went into occupation of the Hermit, and Clerary as well, and remained till the end of January this year—I remember Clerary going to Durham in January—afterwards he had a written notice, and after they had taken stock they said that he was to go out—that was January 15th—he left, and I remained behind, as it was my furniture, and I was not able to move it—I had not got the money—I believe I mentioned that to Mr. Bunbury—I remained till the end of January—after Clerary left, Mr. and Mrs. Bunbury and three or four children came to live there; they brought some bedding and slept there—Mr. Miller and Mr. Bunbury were in the house one evening; I was on the stairs, and heard Bunbury tell Miller that he should not tell Mr. Clerary that he had part of the money—he said, "You should not say that, as it raises suspicion—Miller only spoke to his wife—I left at the end of January—I afterwards called and saw Hiscocks, and asked him how I was to get the money back—he said that he would see Mr. Bunbury about it, and no doubt he would put it all right—I saw Bunbury afterwards—he said that he would put it all right, and Mr. Clerary would get his money—in April I went to Mr. Kemp, the solicitor's office in Chancery Lane, in consequence of a letter, and saw

Mr. Smith—Bunbury came, and I received £5—this is a press copy of the receipt signed (This was for £5 on account of £70 due to Clerary)—I went again in a month, but did not get anything—I never got any more—I made further inquiries, and went to the brewers, and after that I gave information to the Director of Public Prosecutions—I pawned some jewellery, which only produced over £2.

Cross-examined by Bunbury. I had an order, and looked over the house, and Mr. Clerary was satisfied; he thought we could make it do between us—it was arranged that he was to deposit £70—I do not know that he did all the business through Mrs. Miller—I believe she "collected" once or twice—he did not ask me to take her upstairs one night; he said that there was a rough gang, and we must protect the house—we sent for the police, and when they came they had all gone, and I saw Mrs. Miller running after them with a red-hot poker—I believe Mr. Clerary gave Mr. Miller two references for the transfer of a license—I do not know that he had to withdraw them—on the 7th he paid another £10—he had a little more, and I had some—he was in work—I remember his having a cheque for £30; that all went to Bunbury—I saw Mr. Clerary put down £10; a paper was put down for him to sign—I told him to mind what he was signing, and you went on one side and made an IOU of it—I was there when the agreement was signed.

Re-examined. The £30 came from his brother-in-law.

JAMES BERTHAM CROSS . I am licencee of the Hope, Banner Street—in September last I was looking out for a house, and inquired at Whitbread's Brewery, and learnt of the Hope—I acted as my own broker, and did not see Bunbury, except at the change—Hiscocks was present—I went into possession on October 31st, and have been there ever since.

Cross-examined by Bunbury. Mr. Martin referred me to you—you did not meet me before we went to the change—Mr. Martin said that he left it entirely in your hands.

STEPHEN RICHARD DOWNEY . I am out-door clerk to Messrs. Whit-bread—the Hope, in Banner Street, is their property, and up to October, 1899, Mr. Martin was in occupation as the licensee—he was succeeded by Mr. Croft—I know Bunbury by his acting as a broker for some time before—I did not see him or Hiscocks in October last in reference to to Mr. Clerary's business—I never received £10 from either of the prisoners in respect of a sale of the Hope—there was no break in the negotiations; they went on continuously—I have no knowledge of Hiscocks going to the brewery on several occasions and finding no one there; there was always someone there.

Cross-examined by Bunbury. I think you introduced me to Mr. Martin, and I accepted him as a tenant—I do not know that he instructed you to find a customer—I went to the house to see Martin because I knew he was ill—we refer persons to the tenant of the house, and in this case Mr. Martin would be referred to—I believe I said that I would make him a present afterwards—I think you have had 10 or 11 tenancies, and I have had no complaints—it is usual for the broker to hold a deposit between the parties.

Cross-examined by Hiscocks. I have seen you on several occasions—I

do not know that you were Bunbury's clerk, but you usually made out his papers.

Re-examined. These houses that the prisoner has been asking me about were two or three years ago—I had no communication from Bunbury or Hiscocks about Clerary—I never heard of him—it is not true that the brewers had kept the house open in order to get Clerary as a tenant—I never heard of it till I was at the Police-court.

HENRY THOMAS SAUNDERS . I am managing clerk to Gelatly & Son, of 17, Fenchurch Street, the solicitors to Taylor, Walker & Co.—Mr. Day afterwards acted for them in regard to changes at public-houses—the Hermit is one of Taylor & Walker's houses—in July, 1899, Mr. Miller became tenant—he was not satisfactory, and Taylor & Walker had to issue a writ against him on February 3rd this year for £57 2s. 11d. for been supplied and balance of rent—the money went into the till, but we got nothing—there were attempts to serve the writ, and afterwards an order was made for substituted service—on February 28th we got judgment, but never recovered anything—we gave instructions to Mr Day's firm to give notice to quit, and there was a difficulty about that—Miller was paid £20 to get rid of him—he actually quitted on May 2nd, and since that the house has been in the hands of a respectable tenant, Mrs. Jennett.

HERBERT GEORGE DAY . I am one of the firm of Jones, Son, & Day, public-house brokers, Commercial Road—we act for Taylor & Walker—I attend daily at the brewery—I was concerned in the change to Miller—Bunbury acted for Miller—Miller was not a satisfactory tenant—his license was due on October 10th, and he had not paid for the beer supplied, and the rent was owing—he entered into possession on August 17th, but the agreement dated from June—we began to put pressure on him in November, 1899—I went several times to collect the rent, but could not see him, and I reported it to the firm—I know nothing about £20 deposited with Taylor & Walker in order that Clerary might buy the house from Miller—no money was paid on any pretence—I gave instructions to our clerk, Burton, about serving notice to quit.

Cross-examined by Bunbury. I made a demand on him for the rent once or twice a week—Mr. Clerary was there 12 months; he paid the whole of his rent—I have never seen you at the brewery except on January 30th, when you called with Miller, and I am there every day—it was not suggested that you should put a manager in—there are no managers; they are tenants—Mr. Clerary came to make complaints—Mr. Miller has never mentioned Clerary's name to me—you asked the firm's permission to put your own manager in, and they declined.

WILLIAM EDWARD BURTON . I am Mr. Day's clerk—in March this year I got instructions to serve a notice to quit on Mr. Miller—I served the notice on Mrs. Eliza Bunbury on March 21st.

Cross-examined by Bunbury. I had some information where Miller could be found.

ABRAHAM SMITH . I am an auctioneer, of Blomfield House, London Wall—I was the landlord of 28, Finsbury Circus, it is pulled down now—I know Bunbury—he commenced his tenancy there in May, 1886, at £66 a year, which was paid fairly regularly for the first year or two, and afterwards indifferently—I believe I requested him to leave in

February this year—he owed me about six months' rent; when he left, about £30, and his manager the prisoner Hiscocks, took it on—I had reduced it to a weekly rent, as the houses were coming down—Hiscocks left at midsummer, when I left—he then owed me for about half the time between February and June—I never got it.

Cross-examined by Bunbury. You had a very fair business at the early part of your career, but at the latter part it began falling off—you got a friend to come and make an arrangement with me about the rent.

Cross-examined. I took you by the hand and said that I would give you a chance.

FREDERICK TEEBAY . I am an engraver, of 18, Bernard Street—in June this year I had some rooms to let—Hiscocks took them at £1 a week, and took possession on June 9th—the rent was to be paid weekly—I spoke to him about it on June 10th, and he said that he was expecting money from a partner in Ireland—I waited some weeks longer, and then put in a distress—the goods realised £6 15s; and the balance is £7—he ceased to occupy at the end of September—the name up was "Hiscock & Co., Public-house Brokers."

FRAMPTON FOX . I am a clerk in the London and Westminster Loan and Discount Bank, St. Martin's Lane—on June 13th, 1899, Eliza Bunbury applied for an advance of £50 on the security of household furniture in a house at Walthamstow—the advance was made, and was to be paid off by instalments of £1 18s., which was paid irregularly—the last payment was on August 18th, and the goods were sold on November 30th—we recovered the amount, but not the interest.

Cross-examined by Bunbury. You were the guarantee, and there was another.

HENRY ARCHIBALD SMITH . I am clerk to the London Trading Bank, Limited, 12, Coleman Street—on October 3rd an account was opened of Mrs. Eliza Bunbury, trading as Bunbury & Co.—Eliza Bunbury and W. Bunbury were entitled to draw cheques—W. Bunbury is the prisoner—I produce a certificated extract of the account up to February 22nd this year—I was only asked to bring an extract between certain dates—here is an entry of £1 1s. on March 24th—there is no money there now; there is an overdraft—I also produce a certified copy of the account of H. Hiscocks with our bank—on October 4th, 1899, a cheque for £1 18s. was debited in the name of Bunbury—the next is £1 1s. to Miller—there was an overdraft of 6s. 7d.—on March 10th, 1900 a cheque for £50 was paid in, and instructions were given to specially clear it—on the same day a cheque book was obtained, and a cheque drawn for £25, and on the same day another cheque for £20 was drawn, and another for £5, which exhausted the account—on March 19th, there was l0d. left, which we appropriated for commission—£61 12s. altogether was paid in since October—nothing was drawn out between 1899 and March 10th, 1900—the whole of the money which was paid in was drawn out in nine days, except 10d.

ARTHUR HAILSTONE (Detective Sergeant). On November 9th, about 6.30 p.m. I was with Inspector Kane in Chancery Lane—I saw the two prisoners, in an office at 59 and 60, Chancery Lane—Inspector Kane said to them, "There is no occasion for me to introduce ourselves"—I

said, "I have a warrant for your arrest for conspiracy and fraud"—I read it to them—Bunbury said nothing—Hiscocks said, "I am Bunbury's old clerk"—they were taken to the police-station and charged; they made no reply—I subsequently returned to the room in Chancery Lane, and took possession of some books; there was a diary for 1899 and 1900, two books of orders to view, a letter book for 1899 and 1900, in which I found press copies of letters to Clerary, Clayton, and Denyer—there were no books of account.

Cross-examined by Bunbury. I have had this charge in hand four or five months—we have been investigating for some time in consequence of complaints made to Scotland Yard.

Bunbury, in his defence, on oath, contended that there was no case againist him as Mr. Miller had had the money, and that he (Bunbury) had none of it: he stated that he had done business amounting to thousands of pound and no charge of this kind had ever been brought against him before, Hiscocks, in his defence, stated that Bunbury employed him, and that what he did was under Bunbury's instructions.

GUILTY .—Hiscocks then PLEADED GUILTY to a conviction at this Court on September 8th, 1884, and two other convictions were proved against him. Inspector Kane stated that the prisoners had obtained money from other persons under precicely similar circumstances.— Five Years' Penal Servitude each.

80. GEORGE GALE (29) , Unlawfully and attempting to procure the commission of an act of gross indecency. MR. SIMMONDS, for the Prosecution, offered no evidence.— NOT GUILTY .

81. ANTONIO BOFFA (26), PLEADED GUILTY to assaulting George Baylis, a constable, in the execution of his duty, with intent to resist his lawful apprehension.— six Months' Hard Labour; and

(82) NATHAN OBSTBAUM , to stealing a watch and chain, from the person of Mark Cohen. He received a good character.— [Pleaded guilty. See original trial image.] Eighteen Months Hard Labour.

83. JOHN LEAMORE (28) , Robbery with violence, with other persons, on George William Bancroft, and stealing a purse and 14s., his property.

MR. COHEN Prosecuted.

GEORGE WILLIAM BANCROFT . I am a porter—on November 18th, about 12.45, I was in Commerical Street, and saw the prisoner and three more—they got me against a wall, and the prisoner put his hand in my pocket and took my purse out—he was in front of me, and I have no doubt he is the man—it contained 14s.—a constable came up and arrested him—I did not hear anyone shout out that he had got the wrong man.

Cross-examined by the prisoner. I was not intoxicated—a gentleman did not tell me on the way to the station that I had charged the wrong man.

CORNELIUS HARRINGTON (180 H). I was in Commerical Street, and saw the prisoner and three men cross the road, and lay hold of the prosecutor and hustle him against the wall—I caught the prisoner without losing sight of him.

Cross-examined. A gentleman did not say that I had got the wrong man; he came to the station, but he did not say anything about you.

Prisoner's defence: I know nothing whatever about it.

GUILTY †—He then PLEADED GUILTY to a conviction at this Court on July 25th, 1898, of robbery with violence, and two other convictions were proved against him.— Twenty months' hard labour.

84. MARKS SMITH (20) , Robbery with violence, with other persons, on James Green, and stealing 10s., his money.

MR. PASSMORE Prosecuted.

JAMES GREEN . I am a labourer—on December 3rd I was near Spital Square, and the prisoner and three others rushed on me; the prisoner undid my waistcoat and took my money out, and the others threw me down and stood on me—I called out, and never lost sight of the prisoner till an officer came—I have lost my work through it, as my fingers wore hurt and my eye cut.

CORNELIUS HARRINGTON (180 H). I heard a man call out and saw the prisoner running away—Smith ran up and charged him; he said, "God strick me dead; it was not me; I left the coffee-stall with two friends."

prisoners defence (Interpreted): I walked through Farnham Street, all by myself; somebody asked me where I was going; I said, "Home"; the officer took me by my hand and led me, and asked the prosecutor if I was the man; he said, "Yes"; I said, "I know nothing." If I was guilty I could have gone through other streets.

GUILTY .— Eighteen months' hard labour.

85. THOMAS REIDY (36), Stealing a watch from the person of John Gould. The prisoner stated in the hearing of the Jury that he was GUILTY the attempt, upon which the JURY found that verdict. He then PLEADED GUILTY to a conviction at Clerkenwell on July 4th, 1899. Seven other conviction were proved against him, and he had been twice sentenced to five years and once to three years' penal servitude.— Twenty months, hard labour.

86. ARTHUR SMITH (24) and JOHN ROONEY (23) , Robbery with violence, with other, on William Hoskins, and stealing a watch and chain, a purse, and 6s. 7d., his property.

MR. TODD Prosecuted

WILLIAM HOSKINS . I am a warehouseman, of Hermes Street, Pentonville—on November 7 th—I was within four doors of my home, and two men came in front of me and one behind—they put me on my back, and Smith took my chain, and Rooney came round the other side and took watch and purse and 6s..7d., and decamped—I saw them at the police-station a week later, with other men, and identified them both—I could identify a third man, who has not been taken.

WALTER SIBLEY (Detective G). On November 1st I saw Smith in High street, clerkenwell, and told him I should arrest him for being with other men and committing a robbery in Hermes Street—he said "All right, don't show me up"—I put him with six others, and he identified—I took Rooney, and told him the charge—he was placed with six other men and identified—he made reply.

Smith's Defence: I was not there at the time.

Rooney's Defence: I was ill in bed at the time.

Evidence for Rooney's defence.

GEORGE ROONEY . I am the prisoner's brother, and am a labourer, and live at 44, Crown Street—on this Monday night he came home queer, and was ill in bed on Tuesday—he went out about 7 p.m. on the Wednesday, and said he should come home early—I came home about 11.30 by my clock, and found him in bed.

Cross-examined. I cannot say what he was doing on Thursday night a a week after this incident—I know this particular Wednesday night that he was at home in bed, because it was Guy Fawkes day—I know that this was not on Guy Fawkes day—my mother is downstairs to prove that he was in bed.

GUILTY . They then PLEADED GUILTY to previous convictions, Smith at Clerkenwell, on May 2nd, 1900, aud Rooney at this Court, on February 6th, 1899. Several convictions were proved against each prisoner, and Rooney had been sentenced to 18 months' hard labour and 20 lashes.—SMITH— Three years' penal servitude. ROONEY— five years' penal servitude.

THIRD COURT.—Thursday, December 13th, 1900.

Before Mr. Common Serjeant.

87. CHARLES ALBROW (alias Charles Martin ) (27) and JAMES JENNER (41) , Stealing 240 boxes of bovril, the property of William Stannard.

MR. ABINGER Prosecuted, and MR. PURCELL Defended Albrow.

ALBERT EDWARD STANNARD . I am manager to my brother, a carman, of Royal Mint Yard, Upper East Smithfield—one of our vans, No. 54, with the name of "Henry Vile" on it, was employed to collect bovril from the Bovril Company, Limited, on October 4th—I saw the van in the morning, and in the hands of the police at night—I ordered it to be loaded—Detective Reed showed me some cases of bovril.

WILLIAM JAMES KING . I am a claims clerk of the Bovril Company—on October 4th 10 cases were loaded on Vile's van about 5.30 p.m.—a case contains 24 boxes, each containing a dozen 4oz. bottles—the van was driven by Baker—the value was £250—we send goods by Aller & Sons, a shipping company, of Mark Lane, who send Stannards to collect them for the wharf—Inspector Reed and Mr. Stannard, the owner of the van, afterwards showed me the contents of six cases of bovril at the Thames Police-court—several cases had been smashed—I saw 158 boxes altogether.

CHARLES BAKER . I am a carman, employed by William Stannard—on October 4th I received instructions, and took a horse and van, No. 54, with the name on it of Henry Vile, and collected 10 cases of bovril from the Bovril Company's place in Bunhill Row to drive to the docks—I stopped at a coffee-shop, 108, Lemon Street, to have my tea—I was inside the coffee-shop 10 minutes—when I came out the van had gone—I reported the loss at the Thames Police-court—the next day I saw the van in our yard.

Cross-examined by MR. PURCELL. I had no van-boy—another of our

vans stopped at the coffee-house, empty—I took the bit out of my horse's mouth and put his nose-bag on—the reins were tied to the harness, and knotted.

THOMAS HENRY WEEKS . I live at 40, Pearson Street, Kingsland Road—I am a checker at the wharf—on October 4th, about 6 pm., I was in Leman Street—I saw Albrow driving this van—he was just on the start—on November 28th I was taken to Arbour Square Police-court—I saw eight or nine men—I have been taken to three stations—I picked out Albrow at Leman Street last week from about nine men.

Cross-examined by MR. PURCELL. I never saw Albrow till I saw him driving from the coffee-house—I was on the same side of the street—the men I picked the prisoner out from were all sorts of heights and ages—I believe some were Jews.

Re-examined. I knew Charles Baker usually drove the van—there was plenty of light outside the coffee-house.

WALTER BEALE (364 J). About 11.30 p.m. on October 4th I was in Church Road, Hackney, which is about two miles from Leman Street—I had received information that a van had been stolen—I saw an empty van with no one in charge of it—I took it to the Police-station—I was present when Stannard afterwards identified it.

JAMES BIRCH . I am a carman, of 33, Garner Street, Hackney—I am employed by Mr. Ayres—on a Wednesday, about a month ago, about 8 p.m., Albrow came and asked my master if he would do a job for him—he said, "Yes"—Albrow said, "All right," then master went in and had his tea—I next saw the van standing outside—Ayres got on the van with Martin (Albrow) and me—Ayres drove to William Hyde's, a wholesalo provision merchant, High Road, Clapton—Albrow said we should have to wait a minute or two, and went away for about a quarter of an hour—I saw Hyde's van being loaded with goods from Hyde's door—they drove away—the shop was shut—Albrow and Hyde came out—we pulled some empty vans out and backed ours into the yard—six cases of bovril were put on by Albrow, Hyde, and Ayres—it was brought from a little stable—the gas was on in the yard—when our van was loaded we pulled it outside and pushed the other vans back again—Hyde locked the door—Ayres, Albrow, and I got on the van—Ayres drove to Ordell Road, Bow—we arrived there about 10 p.m—we pulled up at a shop I knew—the shutters were up—Albrow got out and knocked at the side door—Jenner came out of the shop—Ayres backed his van towards the doorway—the six case were unloaded at the front door—then we got on the van and drove to Roman Road, Old Ford—it took us 20 minutes—Albrow got out to go home—Ayres and I went home together.

Cross-examined by Jenner. When I say the shutters were up, I mean the shop was shut, and I saw no lights.

Cross-examined by MR. PURCELL. Ayres is a carman and contractor, of 28, Haberdasher Street, Hoxton—he has two horses and vans—in November I was in Holloway Prison seven days—I saw Albrow in the exercise ground on the last two or three days—he asked me what I was thore for—I told him I was charged with Ayres with possessing stolen property—I was committed for trial—Ayres and I are on bail—when I came out of Holloway Prison, Inspector Reed came to me—I was taken to pick

out Hyde and Ayres—Reed had seen me several times at Holloway—I have made two statements to the police—I am a van driver—there was nothing unusual about this bovril—my first statement, of December 5th,. is untrue pretty well right through—my amended statement, made three days afterwards, and my evidence to-day are true.

Re-examined. When they were unloading the van, I was standing outside the public-house opposite, and could see what was going on—it is not true that we pulled up outside the White Hart public-house, and they drove the van away, and then came back with six cases of bovril—I said I was not there when they were loading the bovril—I was there—I am 19 years old—I received from Mr. Ayres 24s a week—he is 37 years of age—I have been with him three years—I was committed for trial for receiving stolen property with Ayres—I signed my first statement at Arbour Square, last Friday afternoon, when I was bailed—I was two-hours in Albrow's company—Reed asked me what I knew about the bovril—he gave me a subpoena, and told me I was bound to speak the truth—I made my first statement in Holloway Prison, which was written down in my presence, and then I came to the Police-court, signed it, and was bailed.

WILLIAM REED (Thames Police Inspector). I received information of this robbery in October—as a result of inquiries, on Tuesday, November 27th, about 5 p.m., I went to 18, Ordell Road, Bow, a grocer's shop—I knocked at the door—Jenner opened it—the shop was shut—there were a few tins of meat and bottles of sauces, cornflour, and salmon; a very small stock, worth about £5—I asked Jenner if he was the occupier of the premises—he said, "Yes"—I asked him his name—he said, "Freeman"—I told him I was a police inspector, and had received information that he had received a number of cases into his shop one day last week—he hesitated—I forced myself in at the door—other officers were with me—he said, "Yes, a strange man I only know by sight brought them here on Monday last"—it was the 19th; he meant the Monday before—I asked to see them—he said; "Yes, you can see them"—I asked him where they were—he said, "Downstairs"—I accompanied him into the basement, and under the stairs leading to the basement I found 158 boxes of bovril similar to the one produced—in front of the boxes was a quantity of the broken cases, as well as in the back kitchen and basement—some were chopped up for firewood—in the kitchen, which is upstairs on the ground floor, were two large bovril cases—coal was in one, the other was used for firewood—I told him from what I had seen and heard I should take him into custody for receiving 158 boxes of bovril, knowing them to have been stolen—about two hours after, when we had searched the place, he made this statement, which I wrote down: "A man whom I know by sight came to me in my other shop at St. Leonards Road and asked if I could let him have my cellar to put some things in. I said, 'I shall not be here after this week; I have taken a shop in the Ordell Road. 'He said, 'Is there a cellar there? I have got six cases.' I said, 'I do not see why you should not, 'and on Monday night, the 18th, at 11 o'clock, he came with them in a van. I was in bed. I saw him at the door, and he said, 'I have brought them things where shall I shove them? 'I showed him where to put them, and he put them under the stairs just as you found them. He went away. I saw

him again. He came last Tuesday, and broke open the cases"—he was taken to Leman Street, a distance of three miles—about 1 a.m. on the 28th he was charged with stealing and receiving this bovril, and said, "It is a bad job, but I hope you will find the man; it will be all the better for me then"—I went to St. Leonards Road the same night—the other goods in the shop, he said, were brought from the other shop—over the shop was "J. Jenner"—there was no name over the shop in Ordell Street—it was apparently well stocked with tea and sugar, but the packages were dummies and contained sawdust, and I found a quantity of empty sawdust bag—when I went back he asked me if I had been round to the other shop—I said, "Yes"—I obtained an order from the Home Office and went to Holloway Prison on December 4th and saw James Birch in the visitors' room—he was under remand with another man for stealing and receiving—he made a statement which I reduced to writing, and he signed it—I saw him again at Wapping Police-station at 7.30 last Saturday, December 8th, when he made this second statement on one of the forms—he was brought to me by a third-class inspector (Helden) about 7.20 p.m.—Helden wrote the statement—I was present—he signed it—I arrested Jenner—Helden arrested Albrow.

Cross-examined by MR. PURCELL. I told Birch at Holloway Prison that I was a police officer, and we had been making inquiries, and had traced him as the carman who drove the cases to 18, Ordell Road; that we had come to take a statement; was he prepared to make one?—he said, "Yes," and made the one I took down—I might have said, "What do you know about the bovril?"—I asked him how he knew it was Bovril—he said it was marked outside the cases—the two statements were served by Helden upon Albrow—Helden made this copy from my book—I know Hyde—he is a provision merchant at Clapton—I have seen him personally.

Cross-examined by Jenner. You told me you had just moved in to avoid your creditors—the shop in St. Leonards Road was closed—you gave me the keys.

Re-examined. Hyde would not be a trustworthy witness.

ALBERT HELDEN (Thames Police Inspector). In consequence of information and instructions I received on November 28th I went to Ordell Road soon after 10 a.m.—Mrs. Jenner let me in—in about three-quarters of an hour someone knocked at the door, and a little girl opened it—I heard someone ask for Freeman—the girl let Albrow in, and I shut the door—Albrow said, "You are not Mr. Freeman; who are you?"—I said, "No, I am a friend of his; what is your name?"—he said, "Albrow"—I called upstairs to Mrs. Freeman, and Albrow and she contradicted one another—Albrow went up, and I followed him into Mrs. Jenner's bedroom—in consequence of what was said I told him I should arrest him for being concerned in stealing 10 cases of bovril the previous month—he said, "I know nothing about it"—on that day I went with Weeks to Leman Street Police-station, where he identified Albrow—I went to Holloway Prison with Reed to see Birch on instructions from my superior officer—I saw him in the visitors' room—he made a statement which Reed wrote down—I subsequently saw Birch at Holloway Prison, with Inspector Hills, when I took another statement from him.

Albrow, in his defence, on oath, said that he had never driven a van in his life, and was not the man, and that he went to see Jenner about a business that a traveller who called on him at 6, Helen Street and whom he did not know, had told him of.

Jenner produced a written defence, stating that he did not know the bovril was stolen.

ALBROW— NOT GUILTY . JENNER— GUILTY . The Police stated that he was associated with receivers of stolen property; that two other men had been arrested at 6, Helen Street, and 25 boxes of the same consignment of bovril were found there.— Three years' penal servitude.

88. ERNEST ALFRED CHESTER (29) , Robbery, with other persons, upon William George Powers, and stealing a foot rule, a key, and 1s., his property.

MR. ARMSTRONG Prosecuted, and MR. SANDS Defended.

WILLIAM GEORGE POWERS . I am a wheelwright, of 7, River Street, Essex Road—on November 24th I was in St. Peter Street, Islington, about 1 a.m.; five men got round me, seized me, held my arms up, turned my pockets out, and robbed me of a rule, a shilling and a latch-key—I called out, "Police!" and they all ran away—I spoke to a constable, and another constable brought the prisoner up about a minute afterwards—I said, "That is one of the men"—he asked me whether I would charge him—I said, "Yes," and we went to the station—the prisoner was searched, and the constable found my rule up his left sleeve—this is it—I had it new about 18 months ago.

Cross-examined. The prisoner was one of the men who went down my pockets; he stood in front of me, and used most foul language; the others helped him to hold me—my coat was undone—the prisoner tore my trousers pockets entirely out—I keep my rule in my left pocket—I was agitated at the station, and said I had lost nothing—I was not too agitated to recognise the prisoner directly I saw him—there was plenty of light near the Packington Arms.

Re-examined. I recognise my rule because a rivet is out—when I got to the station the prisoner said, "You vagabond! are you going to charge me?"—I knew his voice.

ARTHUR BIRD (13 NR). On November 23rd I was on my way home from point duty in Thomas Street, with Woodmore—we heard shouts in Packington Street, 200 or 250 yards off, as if someone was in trouble; we proceeded in that direction—when we got to Queen's Head Street we saw two men coming towards us—they turned sharp into Queen's Head Street—I ran, and one of the men ran—I followed and passed the prisoner to catch the other man, but turned back to the prisoner, and, knowing him, said, "What's up, Chester?"—he said, "I don't know nothing about it, Mr. Bird; why don't you catch them who done it?"—I said, "Who are they?"—he replied, "I don't know them; I am going home"—I took him back and met Powers, who showed me his pockets and said, "They have been down me"—I said, "Will you charge him?"—he said, "Yes"—I said, "Come on"—I took the prisoner to the station—he was charged with attempting to steal—Powers said that he had lost nothing, but afterwards said that he had a rule in his pocket, and gave a description

of it for the inspector to go and try to find it—it was found up the prisoner's sleeve—the prisoner said, "That is my rule, you are an old rogue to charge me."

Cross-examined. The prisoner did odd jobs, and he told me he had been employed at the Agricultural Hall by a Birmingham firm—Powers was confused in the streets, and corrected himself from St. Peter Street to St. Thomas Street—I was 30 or 40 yards away when the men turned into Queen's Head Street—the prisoner did not run—I think 6d. and 2 1/2 d. were found on the prisoner—Powers was very excited.

Re-examined. Both were sober—I passed the prisoner because I knew him and could find him at any time—there are convictions recorded against him, but not for felony—he is a labourer, and I believe has been employed at the Agricultural Hall.

HERBERT WOODMORE (607 N). I was overtaken by Bird on November 24th in St. Peter Street, Islington—when coming up St. Thomas's end of Packington Street we saw two men walking towards us at a brisk pace—they turned down Queen's Head Street, and one of them started to run—I ran in that direction—I heard shouting—I saw Powers following two men—I turned down Packington Street and followed, but lost sight of the three men—I followed Powers, and asked what was the matter—he said, "Five of them have been down me"—about a minute afterwards Bird brought the prisoner, and Powers repeated his complaint, showing his left-hand trousers pocket—I asked him if he had lost anything—he said, "No"—I asked him if he would charge the prisoner—he said, "Yes"—we took him to the station—on the way he said once or twice, "You are a rogue to charge me"—at the station he was charged with attempting to steal from the prosecutor—then Powers said that he missed his rule, and that it might have fallen out of his pocket in the struggle, and asked me to go and look for it—I asked if he was sure he had it before—he said, "Yes"—the prisoner was then charged with stealing the rule—on the charge being read over he replied, "You are a rogue to charge me"—I took hold of his right arm, and felt the rule up his sleeve—he said, "That is my rule"—Powers identified it.

Cross-examined. The only note I made was when the prisoner was in the dock.

GUILTY .— Nine months' hard labour.

ESSEX CASES.

Before Mr. Recorder.

89. THOMAS MALYON (21) and ARTHUR MALYON (20) Robbery with violence on Henry Youall, and stealing from his person £30, his money.

MR. WARD Prosecuted, and MR. METCALFE Defended.

HENRY YOUALL . I am a horse-dealer, of 75, Park Road, Tottenham—on November 21st I went to Romford Market—I got there about 4 o'clock and indulged freely there in drink, and got an ostler to lock me up in a stable to have a sleep—I had £30 in gold and silver in one pocket and some notes in another pocket—about 4 o'clock I saw Ben Clark and the prisoners leap into a barrow—Thomas was driving, and the others were

riding in the barrow—the horse that I had bought was tied behind, and another horse also—we had a drink or two, and when we got to Ilford we went into the Three Rabbits together, and had another drink—I then got on the horse's bare back and rode to Wanstead Flats, and the prisoners came and pulled me off, and held me, and struck me on the back of my head—one held me while the other took my money, £30, and left me helpless—I got on the horse, rode to Leytonstone, and gave information to the police—I went there again some days afterwards, and picked the prisoner out from other men.

Cross-examined. I took down £90 and a little silver over—£50 was in notes—I did not lose that—I bought a horse for 10 guineas and a trap for £6 10s.—I was talking and drinking with two women before I was locked up in the stable—I was not drunk—I did not lock myself up, I got another chap to put me inside and turn the key—that was my suggestion—I did not know the prisoners by name—I swear that Arthur was there—I do not know where Ben Clark lives—I have not attempted to find him to bring him here as a witness, but he is downstairs—I do not remember his telling me to keep myself steady, and that I was getting too much drink—I did not drink at all the houses, I had a lemon at one—I had no drink at the Rabbits; I gave them 2s. to treat themselves—no one was in the barrow outside the Rabbits—I led my horse across the bridge—it was a dark night, and darker on the Flats than it was at Ilford—I had got something like 100 yards from the bridge when I was attacked suddenly from behind—it was dark, but I recognised the two men as the men who had travelled with me from Romford—I saw their faces while they were pulling me off the horse—I could not see which one pulled me off the horse, or which one felt in my pocket—I gave a description to the police—I did not ask Ben Clark the prisoners' names—I told the police that Ben Clark rode with us, but left us before this.

WILLIAM COSBORN . I am a stonemason, of 6, Roberts Road, Little Ilford, nearly opposite the Three Rabbits—there is a bridge there, which leads to the Flats—on November 21st I was keeping a look out, and about 7 o'clock I saw a costermonger's barrow, with two horses tied behind—Youall came and untied one of the horses, and led it past my house across the bridge towards the Forest—the two prisoners then came out of the Rabbits, and ran towards the bridge—I followed them as far as the foot of the bridge—I waited against my stable a few minutes, and then went to Mr. Bull, my landlord, and heard someone say, "You are pulling me off the horse"—I went towards the man who called out, but they were all gone, and the barrow was gone—I knew the prisoners by sight—I next saw them on the following Tuesday at West Ham Station, and picked them out—I have seen them about with a barrow, and two or three more with them.

Cross-examined. I do not know that there are five brothers—I swear to these two, without any doubt, and I am equally positive about both—I do not think Youall was the worse for liquor—I would have trusted him with a horse of mine—I did not think the prisoners were going to attack Youall—it was very dark.

JOSEPH GARROD . I am potman at the Three Rabbits—on November

21st a costermonger's barrow came there, and I saw the prisoner Arthur outside the ham and beef shop, but did not notice Thomas—I saw Youell take a horse away—I go round outside collecting the glasses, and if any persons come there intoxicated I prevent them coming in—at Romford Market persons are very often intoxicated—I went into the saloon bar, and when I came back the barrow had disappeared—I picked out Arthur from about 17 persons.

Cross-examined. I had no particular reason for noticing Arthur Malyon I saw Pirkis driving the barrow—he would have to go over the bridge and turn, and come past the Rabbits again—the railway bridge is in the direction of Mr. Bull's house—Pirkis was charged before the Magistrate nobody was in the barrow but him.

THOMAS SOWTER (Policeman K). I am stationed at Ilford—on November 21st, at 7.15, I saw a costermonger's barrow outside the Three Rabbits—three or four men were in it—Thomas Malyon was one—I noticed that Youall was the worse for drink.

BENJAMIN GULLY (Detective K). On November 27th I was with McMullen, and saw the prisoner Arthur with another man—they stopped at a house and halloaed out, and somebody replied from a back window—I told McMullen to arrest Arthur, which he did—he refused to stop, and I had to pull him out of the barrow—I took him to the station—he said, "I know nothing about any robbery"—Osborne and Garrod identified him from nine other men—when charged Thomas Malyon said, "These two men were not there; the others ought to be brought in in my place," and Arthur said, "And my brother, too"—there are several in the family, and there is a very great resemblance between them.

Cross-examined. I have no doubt about them—I have known them many years—(Three brothers of the prisoners were brought into Court and desired to put on their hats)—I called out to Arthur to stop and ran towards him, and then the pony went off.

JOSEPH GARROD (Re-examined). Looking at those young men, I am sure I have not made a mistake—it was this one—(Arthur)—he wore a cap on that night.

JOSEPH MCMULLEN (Detective K). On November 27th, at 4 o'clock, I was with Gully at West Ham, and saw Thomas Malyon—I told him I should arrest him for robbing a man of £30 on Wanstead Flats—he was taken to the station, and identified.

Arthur Malyon, in his defence, stated, on oath, that he was a costermonger, and went with Edward Wright, on November 21st, to Southall Market, 20 miles from Romford, to sell a horse and buy a smaller one, the market day being Wednesday only; that they were therefrom 10 a.m. till 4 p.m., but did not sell the horse, and returned with a Mr. Harding to see to a pony in his stable, and then went with Knight and Mr. Harding to a coffee-shop and had some tea, when he had some conversation and chaff with a young woman; that Mr. Harding gave him a light to put on his barrow, and he got home at 10 o'clock, and did not see either of his brothers that night as he was married and did not live with them, and that one of them, who was not here, was very much like him; that he was not at Romford or Ilford that day, and that he and Youall had been school-fellows, and Youell knew his name.

Witnesses for Arthur Malyon's defence.

EDWARD WRIGHT . I am a carman, of 92, East Road—on Wednesday November 21st, I went to Southall Market with Arthur Malyon—we started at 9.30 or 10, and got there about a quarter to 2—it is 18 or 20 milles—we found the market going on—it was about 4 o'clock when we came away—we were looking out for a pony, and came across Mr. Harding—we went with him and a man named Knight, to Acton in two traps—we got to Mr. Harding's place about 5.30—it was very dark—we locked the pony up and went to Shelly's Dining Rooms, where Knight, Malyon and I had some tea, and Miss Self served us—we remained till 6.15, and then went to the King's Arms at Acton till 6.30 or 6.45—we left Knight there, an✗d Malyon and I drove home—we got home about 10.15—Southall Market is only held on Wednesdays—I did not hear till the next morning that Malyon was taken in custody—I was before the Magistrate, but was not called.

Cross-examined. I had been to Southall Market once before, but never to any other market—that was the first time I hacl seen Harding—I did not see much of Arthur Malyon, but I went with him to Southall—I went because I am a better judge of a pony than he is, but we never bought one—I was in trouble for stealing harness three years ago—my sentence was six months.

HENRY KNIGHT . I appear here on subpoena—I am a coal and coke dealer, of 4, Stanley Road, Acton—on Wednesday, November 21st, I met Arthur Malyon and Harding in Southall Market—I was driving with Mr. Harding, and Malyon and Wright were behind, drivi✗ng—we got to Mr. Harding's place between 4.30 and 5 and looked at a grey pony in Mr. Harding's stable—we then went to the Victor public-house, Hollybridge Road, Acton, and also to Shelly's Dining Rooms, between 5.30 and 6 o'clock, where MissSelf served us—it might be a little after 6 when we came out—I got into their trap, and from there we went to the King's Arms, when they left me between 6.30 and 7—it was dark, and Mr. Harding gave them a lamp—I was subpoenaed to Stratford Petty Sessions, but was not called.

Cross-examined. These two men were entire strangers to me—I had never seen Arthur Malyon before—I next heard of this a week and a day afterwards—Wright came to me, and two of Malyon's brother, and Mr. Cox, who lives up that way—Wright asked me if I remembered the day I was with Arthur Malyon and Wright—I did not know Malyon's name till they told me—I said that I had been with them to Southall—I did not say that I was willing to come as a witness; I said that I should not come till I was suppoenaed—Wright called him "Arthur" and sometimes "Malyon" on that day—one of his brothers is very much like him; that one is not here to-day.

WILLIAM JAMES HARDING . I am a master carman, of 27, Arbour Road, South Acton—I attend on subpoena—on Wednesday, November 21st, I was at Southall Market, and met two men whom I had never seen before—it was market day—I said that I had a grey pony, and the agreed to go and look at it—the witness Knight was driving with me, and they drove behind us and went into my stable and looked at the pony, but did not buy it—they had no lamp, and asked me if I could lend them

one—I gave them one, and went with them to the Victor public-house and left them there.

Cross-examined. I have Seen Wright once or twice in the markets, but not at Southall—I never had any dealings with him—I never saw Malyon there before, but I have seen him on the stones at Caledonian Road—I have been in trouble for receiving stolen property, and was sentenced to three months.

EMILY SELF . I live at 35, Kelly Road, Stoke Newington, and am employed at the Shelly Dining Rooms, South Acton—I appear on subpoena I was present at Stratford Petty Sessions to give evidence, but was not called, on the Saturday but one before I went to Stratford—I was first spoken to about this on a Wednesday night at the latter part of November—I saw Arthur Malyon about 6 o'clock—I do not recognise those that were with him, but I noticed him because he was rude to me—I saw him next in the dock before the Magistrate, and recognised him.

Cross-examined. He had a black hat on—none of his brothers have been shown to me—(One of the brothers was sent for into Court and put his hat on.)—that is not the man, neither is that one (Another brother.)—I had no reason to notice him, except that he was rude to me—between 30 and 50 people came there in the day, and a great many of them are strangers—I did not see another of the brothers at the Police-court—his remark is the only thing that makes me say he is the man—I do not know how he was dressed.

Thomas Malyon, in his defence, stated, on oath, that on this Wednesday he and another brother went to Romford Market with three bags of onions, and met Clark, who asked them to give him and his friend Youell, who was very drunk, a ride home, and that Youell had been to sleep in a stable; that they started home for Romford at a little after 5 o'clock, and there were six of them in the barrow; that they stopped at four public-houses, but Youell only had a lemon at one and nothing at the others, and laid at the bottom of the cart, giving them 1s. for drink; that the✗re were two horses tied at the back of the barrow; that Youell was then told that he could not ride any farther, and lie led his horse away in the direction of the bridge; that they passed Clark about 150 yards from the Rabbits, and said good night, and got home to Stratford about 8.30; that he had nothing to do with the robbery, and did not go over the bridge; that his younger brother Fred was with them, who was very much like Arthur, but he did not leave the beershop with them; and that Pirkis, whom they made a mistake about, was with them, and that his brother Fred had been here two days, but could not stop, and that his brother Arthur was not with them.

Evidence for Thomas Malyon.

ALFRED PIRKIS . On Wednesday, November 21 at, I went to Romford Market, and met Youell there with two or three dealers—my brother was not there at all—(Youell here stated that the witness was the man who was with them, although he told the Magistrate that he was not.)—my brother is not at all like me—Youell was very drunk, and was offering money to a Jew dealer—that was a long while before he was locked up in the stable—I bought a horse and went into a public-house to pay the man, and saw Youell there, and he dropped a sovereign there—we started back to Stratford about 5 o'clock in the barrow—Clark was in it,

and Youell and a chap whose name I do not know, and Malyon—the chap went the same way as Youell, across the Flats—we stopped at several public-houses, and finally at the Rabbits—four of us went in and came out, and Youell was so bad he did not like our cart pulling his horse along, and he said, "I am going across country," and jumped on his horse, and I went straight home—the other man walked by the side, and on the way we passed Clark about 30 yards from the Rabbits—I remained in Malyon's company till he got home.

Cross-examined. I have never mentioned Youell's friend before to-day, or that he walked across the bridge—I swear that Youell got on his horse before he crossed the bridge, and children and men and women were laughing at him—he went towards Ilford Road after leaving the Rabbits—I had never seen the man who walked by the side of the horse before.

BENJAMIN CLARK . I am a general dealer, of 19, Bigglesdorf Road, Stratford—on November 21st I went to Romford Market, and met Youell there, whom I knew well—we had a drink together, and I subsequently met him about 2.30 or 3 o'clock very drunk outside the Cock and Ball, and I saw him a second time with two young women who were strangers to me—I went and had a drink with him again, and he fell down two or three times, and I asked the ostler to let him lie down in the stable—the ostler put him in the stable for an hour or an hour and a half—he lost a sovereign in the Cock and Ball, and the landlord helped him to find it—he came out of the stable in the afternoon near 5 o'clock—I had a pony to sell, but could not sell it, and was taking it back, and tied it behind Malyon's barrow, and asked Thomas Maylon if he would allow the two horses to run behind—I do not know Fred Maylon—Perkis,Tom Malyon, Youell, and myself were in the barrow; five of us—the other man was a stranger; we brought him from Romford—Arthur Malyon was not there—I went into the Rabbits and had a drink, and then I took my pony away—no one was in the barrow when I left—Thomas Malyon was outside the public-house, and so was Perkis—when I was about 30 yards on the road to Stratford, Perkis and Thomas Malyon drove past.

Cross-examined. Five of us rode from Romford, and the fifth was a friend of Youell's—I left them all there.

NOT GUILTY .

90. BASIL WORHAM (25) , Stealing a bicycle, the property of Thomas Harold De Gruchy.

MR. HEDDON Prosecuted.

WALTER EARNSHAW . I work for Thomas Harold De Gruchy at the Tilbrook Road Cycle House, Wanstead—on November 20th, between 4 and 5 o'clook, I let out a machine to the prisoner for two hours—he signed that agreement, "B. Godson, 24, Chandos Street, Leytonstone Road"—he took the machine away and never returned—I afterwards picked him out from 20 others at Stratford, in a public-house.

Cross-examined by the prisoner. I had seen you before, but I was wrong in letting out the machine without a deposit.

THOMAS HAROLD DE GRUCHY . I trade as the Tilbrook Cycle Company

at Leytonstone—I made this bicycle; it is stamped 00094—I identified it at the Police-station.

RICHARD BROWN . I am a milkman, of 20, Oakhurst Road, Forest Gate—two or three months ago, on, I believe, September 1st, I met the prisoner, whom I have known about three years, and said that I wanted to buy a bicycle—he said that he had one to sell, and I bought this one of him—he owed me 17s., and I paid him 30s. more in silver—I am certain I had it on the 13th, because that was the day I moved.

Cross-examined. I cannot say exactly what clothes you had on in Court, but Mr. King said that they were the same clothes.

THOMAS HAROLD DE GRUCHY (Re-examined). Here is my number on it—it originally had 40 spokes, and they have been altered while it was out to 36; the hub is here for 40—I have no doubt about it; here is 105 on it—that means 105gear—the man who let it out put the date on this receipt as the 19th, and I altered it to the 20th—I found that out the same afternoon—the machine has been enamelled green since; it was black before.

MAUD DUNT . I live at 99, Chandos Street, Stratford—the prisoner is a friend of mine—this letter (Produced) was addressed to me by him—the letter, the signature, and the envelope are all his writing.

FRANCIS HALL (Detective, J). On December 1st the prosecutor gave me information, and I went to 10, Water Lane, Stratford, at 10 p.m., and saw the prisoner—I said, "I want to see a young man named Basil Worham"—he said, "My name is Norman"—I went with him about 100 yards, and Earnshaw came up and said, "That is the man who hired the bicycle; he gave the name of Gordon"—the prisoner said, "No, I gave the name of Norman, the same name as I gave to-night"—I told him I was a police officer, and that the bicyc'e had been disposed of—he said, "Yes, I sold it to Dick Brown"—I went with him to Dick Brown's, and Earnsham identified it by the number, but it had been painted black—on the way to the station the prisoner said, "I made a mistake; I bought the bicycle of a man at the Yorkshire Grey"—I said, "Was anyone with you?"—he said, "Yes, a young fellow named Ernest Culleton"—when he was charged I found the letter and envelope produced—I saw Richard Brown—he said, "I bought it from Worham two or three months ago; I cannot remember the date"—he did not say September 13th.

Cross-examined. Earnshaw was walking 30 or 40 yards behind me—he pointed to you and said, "That is the man who hired the bicycle"—there were 20 or 30 men in the bar, and he told me you were there.

The Prisoner, in his defence, stated, on oath, that at the beginning of September he bought the machine of a man in a public-house, who asked £2 for it, and took 30s., and that he afterwards sold it to Brown, and that he offered to take the constable to Brown at Forest Gate; that he did not say that he had made a mistake; and that the officer was not telling the truth.

GUILTY .— Six months' hard labour.

The RECORDER reprimanded Brown, and disallowed his expenses.

Before Mr. Justice Ridley.

91. AGNES SAVILLE, Stealing 16 velvet blouses, the property of Robert Stevenson, which she had received as a bailee.

MR. STEWART, Prosecuted and MR. JONES Defended.

MR. JUSTICE RIDLEY considered that there was not sufficient evidence to go to the JURY.

NOT GUILTY .

Before Mr. Common Serjeant.

92. GEORGE LEWIS (25) , Burglary in the dwelling-house of Louis Leopold Yexley, and stealing a bottle of whisky, a cigarette case, and £5, his property.

MR. PERROTT Prosecuted.

FRANK HAMBLETT (80 N). I am stationed at Leyton—on November 24th, about 4 a.m., I was on duty in Albert Road, Walthamstow—I saw the prisoner leaning against the railings of No. 55, holding a red handkerchief in his left hand containing 42 packets of tobacco—I questioned him where he got them—he made no reply—I took him to the station—he was helplessly drunk—I found £1 0s. 7d. in the inside pocket of his greatcoat, and a cigarette case, and in the lining of his overcoat this knife.

LOUIS LEOPOLD YEXLEY . I keep the Lawn Arms, Queen's Road, Walthamstow—on November 23rd, about 12 o'clock, I fastened the house up and retired to bed—about 3.45 a.m. I was disturbed by the police—I went to the lower part of the house and found an entrance had been effected through the kitchen window by forcing the catch back, and that I had lost a bag containing £4 to £5 worth of coppers, a bottle of whisky, and a cigarette case—I recognised the case and bottle at the Police-station—I charged the prisoner—I saw this screw driver found where the bag of copper money was found—it is not mine.

WALTER GARRARD (NR). I am stationed at Lea Bridge Road—on November 24th, about 3.55 a.m., I was in Queen's Road, Walthamstow, and saw the prisoner in Hamblett's custody—from what he told me I went to the Lawn Arms, and found the kitchen window catch had been forced back and the tassel hanging down from the window sill—in the kitchen I found a candle fastened to this match-box standing on the table, and alongside it the window blind—in the bar parlour I found this screwdriver—the marks of this tableknife are on the window sash—the prosecutor showed me a bag which had contained coppers.

The Prisoner's Statement before the Magistrate: "I have never seen the screw driver or the knife before, nor the cigarette case."

GUILTY .— Twelve months' hard labour.

93. GEORGE WILSON (28) PLEADED GUILTY to burglary in the dwelling house of Edward Irwin, and stealing a clock and other articles, his property.— Nine months' hard labour.

SURREY CASES.

Before Mr. Justice Ridley.

94. ABRAHAM MARELS , being a member of the Burial Board of St. Mary's, Battersea, did unlawfully and corruptly solicit for himself £10 from Thomas Morris as an inducement to him to procure for him the acceptance of a tender made by Thomas Morris.

MR. MUIR Prosecuted, and MR. HORACE AVORY and MR. BIRON Defended.

After the commencement of the case, MR. JUSTICE RIDLEY stated that he considered a sufficient example had been made of the matter, and that he did not consider it necessary that the case should go any further, the whole of the Board not being charged. The JURY, in returning a verdict of NOT GUILTY , said that they were surprised that such things should go on with public money, and that they thought the prisoner should give up the money.

95. ROBERT SPENCER, Maliciously wounding Alfred John Howell.

MR. LEVER Prosecuted.

ALFRED JOHN HOWELL . I live at 34, Walpole Way, Richmond—on November 24th there was a "sing-song" there, downstairs—the prisoner was there—I went down about 11.30 p.m.—I offered to sing a song—a fight took place between me and the prisoner in the courtyard—as I went upstairs the prisoner's wife called me a b—, and my wife said I was no b—, and the prisoner challenged me to fight—after the fight I went away and stood under a lamp—I was told that somebody was knocking my wife about—I went back and saw the prisoner and his wife knocking my wife about—I knocked the prisoner down, and pushed his wife away—as he went on to the ground I saw a knife in his hand, and he struck me on my leg with it—it cut through my drawers and trousers,. and cut my leg—I was attended by a doctor.

Cross-examined by the Prisoner. It is very dark there—I did not come downstairs and strike you on your eye while you were sitting in a chair; you had two black eyes—you had hold of my wife—you struck at me two or three times, but you missed me.

By the COURT. The prisoner was drunk.

MARY HOWELL . I am the wife of the last witness—on this night the prisoner and his wife were beating me—my husband came down and tried to get me away from them—I heard him say he was stuck—I did not see anything done to him—the prisoner was on his knees—I saw no knife.

Cross-examined. You did not strike me.

MATHEW HENRY GARDINER . I am a surgeon, of Richmond—about 12.30 a.m. on Saturday, November 23rd, I saw the prosecutor, and examined his leg—there was a small cut in his trousers going through his drawers to the skin—there was a small punctured wound in his left thigh, about 3/4 in. deep and less than 1/2 in. long—this knife (Produced) could produce such a wound; it was not serious.

THOMAS GARNAM (598V). Between 11.30 and 11.45 p.m. on Saturday, November 23rd, I was called to Walpole Way—I took the prisoner into custody and charged him with wounding—he made no reply—this knife was handed to me next morning—it was found in the back garden, close to where the affair took place.

The Prisoner's Statement before the Magistrate: "I am sure I do not remember anything about using a knife; I was too dazed; I do not remember if I used a knife or not."

The prisoner, in his defence, said that the prosecutor knocked him in the face, that he went out into the court, that he went to get between his wife and

the prosecutor's wife after the prosecutor had gone, and that he had never seen the knife before.

Evidence for the Defence.

MART SPENCER . I am the prisoner's wife—he went into this house with two men—the prosecutor came out, and his wife went for me, and he went for my husband—we both got knocked about—I was stabbed, but my husband was not near us then—I do not know the prosecutor or his wife—my husband had no knife, and has not had one for some time; the first time I. saw it was last Wednesday morning, when the inspector showed it to me—I heard the prosecutor say, "I am stabbed"—before he charged my husband he had an altercation with another man.

Cross-examined. The prosecutor came and knocked my husband down—it was while he was down that I heard, he prosecutor say he was stabbed.

By the COURT. My husband was helplessly drunk.

DR. GARDINER (Re-examined). I examined Mrs. Spencer—she had been stabbed on the right buttock—the wound was 1/2 in. deep and I in long—it looked as if it had been done with the same instrument; it was about the same height from the ground.

A. T. HOWELL (Re-examined). Nobody else besides we four were in the yard when I was stabbed.

Cross-examined. There are four houses in the yard—the people were not standing at the doors—you asked some people to let you in out of my way, but you knocked at the door first.

MARY HOWELL (Re-examined). I did not see anybody else in the yard when this was happening—it was very dark.

NOT GUILTY .

Before Mr. Recorder.

96. WILLIAM HENRY WOOD (29) PLEADED GUILTY to marrying Henrietta Charlotte Richards, his wife being then alive.— Twelve months' hard labour.

Before Mr. Common Serjeant.

97. SAMUEL LARKIN (21) , Feloniously wounding Albert Price, with intent to do him grievous bodily harm.

MR. WILLSON Prosecuted.

ALBERT PRICE . I am a labourer, of 22, Crown Street, Camberwell—on November 24th, about 3 p.m., I was in the Father Red Cap public-house—the prisoner came in afterwards—he started abusing me, and said, "I can go on with this'ere," and put up his hands to fight, and struck me—I hit him back in self-defence—when he went out he said, "All right, I shall have my own back for this in another way"—I was in the same public-house between 11 and 11.30 p.m., and the prisoner struck me—I felt blood, and was giddy—I went to the Police-station—the doctor dressed my wounds, and I was sent to the infirmary.

Cross-examined by the prisoner. I did not know you.

WILLIAM CARVER . I am a labourer, living in Camberwell—on November 24th I was in the Father Red Cap about 11 p.m.—the prosecutor was there—subsequently the prisoner shoved his head in and walked out—he came in again five minutes afterwards and shoved Price behind the ear with a beer glass—Price asked him what he had done it for—he

said, "That is a bit of my own back"—I held the prisoner till a constable came and took him to the station—there was a lot of blood.

EMANUEL ILES (33P.R.) I went to this public-house about 11.30 p.m. and saw Price bleeding from a wound in the side of his neck—the prisoner was given into custody and charged with striking him with a glass—on the way to the station he said, "I did it for what he done to me this afternoon"—when the charge was read over at the station he said, "That is quite right; I did it, I got my revenge"—the men were sober.

Cross-examined by the prisoner. A glass was picked up in the bar and handed to me afterwards.

CHARLES PINET GALLIE . I am a surgeon, of 129, Camberwell Road—I was called to Price at the Police-station, and dressed a wound in his neck on the left side, extending from the lobe of his ear to a point below the angle of his jaw—I put some stitches in it—it was deep in the upper part and cut into a small gland—I recommended his removal to the infirmary—he was not able to attend the Court till Monday week, when the wound had fairly healed—it was not dangerous, but it was in a dangerous area—a piece of broken glass or crockery might have caused it—it was not consistent with having been done with a knife.

Evidence for the Defence.

CAROLINE LARKIN . I am the prisoner's mother—he came home between 6 and 6.30 intoxicated, and with a very large lump on the side of his face—I asked him what he had been doing—he said that he had been in a public-house—he had not the lump when he went out on Saturday at 12.

GUILTY of unlawfully wounding. Recommended to mercy by the JURY on account of the great provocation. — Six months' hard labour.

98. THOMAS BELLENGER (26) , Unlawfully uttering a coin resembling a sovereign, twice, with intent to defraud.

MR. WILKINSON Prosecuted, and MR. KNIGHT Defended.

ELIZABETH JAMES . I am barmaid at the Pitt's Head, George Road, Bermondsey, kept by Mr. Kirk—on Sunday, November 11th, between 11.30 and 12.30, the prisoner came in with another man and asked for two ales, price 2d.—he put a coin down on the counter—I took it up and gave him 19s. 10d. change and put the coin in a glass in a cupboard at the back of the bar which was kept entirely for gold—no other coin was put into that glass afterwards, and it was the only gold piece in the glass—after closing time Mr. Kirk showed it to me, and I told him how I had come by it—on Saturday, the 17th, about 4.30, he came again alone, and asked for a glass of ale—he took some silver and copper out of his pocket, held it in his hand, picked out a gold piece, and put it in my hand—I did not look at it till I got to the cupboard, and seeing that it was like the other, I did not give change, but called to the potman, Hewitt, who went round and stood at the door—I had said nothing to the prisoner—I knew him—I went upstairs, showed the coin to Mr. Kirk, and came back into the bar with him, and heard him speak to the prisoner—these are the coins (Produced).

Cross-examined. I have been barmaid there three months—I have said that I did not instantly recognise the prisoner on the second occasion, because he was in his working clothes—on Sunday, the 11th, he had on a khaki and black plaid tie and a dark suit; I do not know whether it was black or a dark mixture—the tie was the only thing I noticed—I noticed that on Monday at the Police-court, and I swear that I noticed it on the Sunday—there was another barmaid behind the bar on the other side on the 11th; that is not an open bar; there is a glass screen; they only serve glasses there, not half-pints—the other barmaid had a view of my side—I cannot describe the second man or his tie, because it was the prisoner who paid—to-day is the 8th—(The date was really the 10th)—I do not know what coloured tie or coat the prisoner has on now without looking—he had a khaki tie on the Sunday—I sometimes take one sovereign on Sundays and sometimes more; the other barmaid takes some—I saw Mr. Kirk take the coin out of the glass—he said, "Did you take this?"—I said, "I must have"—I watched the prisoner take the money out of his pocket on the second occasion—this was between the lights—we had not lighted up for the evening—I do not know which hand he had the sovereign in—I heard him say that he thought it was a shilling.

Re-examined. I was at the Police-court on the 19th—the prisoner was alone then, and I recognised him—he did not pay for the ale after the coin was found not to be a sovereign—he did not give me any good money.

ARTHUR EDWARD KIRK . I keep the Pitt's Head—on Sunday night, November 11th, at closing time, I went to check the money at the bar, and went to a glass in which gold coin was kept, and found only one coin there, an imitation Kruger sovereign—I called the head barmaid first, and then I called Miss James, who told me how she came by it—I kept it till I handed it to the police—on Saturday, the 17th, in the afternoon, Miss James came upstairs to me and showed me this coin (Produced)—it is of the same description as the one I found on the 11th—I went down into the bar and found the prisoner there—I showed him the coin—he wanted to go out, but I would not let him—he said, "I want to take my wages, and go home to my wife"—he lives a few doors off—I would not allow him to go out—I said, "You had better wait a bit for change of your sovereign"—he said, "I thought it was a shilling"—the potman was standing at the door, and I told him to go for a policeman—when the policeman came I produced both coins to him in the prisoner's presence, and said that I had been mulct of 19s. 10d. on the Sunday before, and I was sure he would come again—the prisoner made no remark—I told the policeman what had occurred that evening, and the prisoner said nothing—he was taken to the station.

Cross-examined. When I called both barmaids to me, I said, "Keep yourselves quiet; he is sure to come again"—Miss James said that she had taken it, and I forgave her for it—she said that she should know the man again—I did not ask her to describe him—he was not searched in my bar in my presence—I did not say anything to him about what had occurred on the 11th, as I thought the promise was enough—I did not know where he lived, but I knew that he lived near my house—I did not know him at all at the time I charged him; he was not a customer—I have been a

publican 28 years, and we always find that if they pass a bad piece they generally come a second time.

FREDERICK MERCER (321M). On November 17th I was called to the Pitt's Head at 4.45, and found the prisoner detained in the bar—Mr. Kirk said, in the prisoner's presence, "This man has given a counterfeit coin to my barmaid, and I wish to give him in custody," and handed me this coin—I said to the prisoner, "You hear what he says"—he said, "Yes"—I searched him there and found 10s. in gold and some half-crowns, shillings, and sixpences, and 7d. in bronze—he had it in his hand; he took it out—he was taken to the station and charged, and said, "I gave it in mistake for a shilling"—I received both these coins from Mr. Kirk, one in the bar and the other at the Police-court.

Cross-examined. When I searched the prisoner in the bar it was in Mr. Kirk's presence—there were shillings found on him—I know him as a workman; I know nothing at all against him—I know him as a respectable man.

THOMAS WOOD (Police Inspector, M). I was at the station when the charge was entered—it was read over to him, and he said, "I thought it was 1s."

Cross-examined. Inquiries have been made, and he bears a good character.

WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these are two brass coins like those-of the Transvaal; the real Kruger sovereigns are different—some are light gold, and some dark.

Cross-examined. These counterfeit coins are sold in the streets as souvenirs, and are bought for children's toys—there are real gold coins like these.

The Prisoner, in his defence, stated, on oath, that on this Saturday afternoon he had just received his wages, £1 6s. 1d.; that he had 7d. in bronze, which he wanted to pay to his wife, and therefore tendered the coin for the ale, believing it to be a shilling, but that it was really a Kruger coin, which he had taken from his child on the Friday; that Mr. Kirk was by his side while he was being searched; and that on the Monday his brother lent him the khaki tie to go to the Police-court, but he did not wear it on the Sunday, and that his best clothes were a striped pair of trousers and a black coat and waistcoat; that he did not go out of his house on the 11th till 9 p.m., as he was not well, but was at home minding the baby, and was in his dirty Jothes. He received a good character.

Evidence for the Defence.

CHARLES WILLIAM CARTER . I am a wool packer, of 162, Short Street—on Sunday, November 11th, I went to the prisoner's house at 1.25 and stayed till 10 minutes to 3—I was in his company all the time—he was not properly dressed; he was dirty—I went there to repair his children's clothes—there is a clock in the street where he lives, and it was 1.25 when I went in and exactly 2.50 when I left.

Cross-examined. I often go to visit the prisoner on Sundays, and repair his and his wife's and children's boots—he had on black cloth trousers, as near as I could see, with the lime over them—he had no jacket or waist-coat on; he was in his shirt sleeves—he and his wife were there, and a female came in about 2 o'clock—I did not hear of this charge till the fol-

Cross-examined. I have been barmaid there three months—I have said that I did not instantly recognise the prisoner on the second occasion, because he was in his working clothes—on Sunday, the 11th, he had on a khaki and black plaid tie and a dark suit; I do not know whether it was black or a dark mixture—the tie was the only thing I noticed—I noticed that on Monday at the Police-court, and I swear that I noticed it on the Sunday—there was another barmaid behind the bar on the other side on the 11th; that is not an open bar; there is a glass screen; they only serve glasses there, not half-pints—the other barmaid had a view of my side—I cannot describe the second man or his tie, because it was the prisoner who paid—to-day is the 8th—(The date was really the 10th)—I do not know what coloured tie or coat the prisoner has on now without looking—he had a khaki tie on the Sunday—I sometimes take one sovereign on Sundays and sometimes more; the other barmaid takes some—I saw Mr. Kirk take the coin out of the glass—he said, "Did you take this?"—I said, "I must have"—I watched the prisoner take the money out of his pocket on the second occasion—this was between the lights—we had not lighted up for the evening—I do not know which hand he had the sovereign in—I heard him say that he thought it was a shilling.

Re-examined. I was at the Police-court on the 19th—the prisoner was alone then, and I recognised him—he did not pay for the ale after the coin was found not to be a sovereign—he did not give me any good money.

ARTHUR EDWARD KIRK . I keep the Pitt's Head—on Sunday night, November 11th, at closing time, I went to check the money at the bar, and went to a glass in which gold coin was kept, and found only one coin there, an imitation Kruger sovereign—I called the head barmaid first, and then I called Miss James, who told me how she came by it—I kept it till I handed it to the police—on Saturday, the 17th, in the afternoon, Miss James cams upstairs to me and showed me this coin (Produced)—it is of the same description as the one I found on the 11th—I went down into the bar and found the prisoner there—I showed him the coin—he wanted to go out, but I would not let him—he said, "I want to take my wages, and go home to my wife"—he lives a few doors off—I would not allow him to go out—I said, "You had better wait a bit for change of your sovereign"—he said, "I thought it was a shilling"—the potman was standing at the door, and I told him to go for a policeman—when the policeman came I produced both coins to him in the prisoner's presence, and said that I had been mulct of 19s. 10d. on the Sunday before, and I was sure he would come again—the prisoner made no remark—I told the policeman what had occurred that evening, and the prisoner said nothing—he was taken to the station.

Cross-examined. When I called both barmaids to me, I said, "Keep yourselves quiet; he is sure to come again"—Miss James said that she had taken it, and I forgave her for it—she said that she should know the man again—I did not ask her to describe him—he was not searched in my bar in my presence—I did not say anything to him about what had occurred on the 11th, as I thought the promise was enough—I did not know where he lived, but I knew that he lived near my house—I did not know him at all at the time I charged him; he was not a customer—I have been a

publican 28 years, and we always find that if they pass a bad piece they generally come a second time.

FREDERICK MERCER (321M). On November 17th I was called to the Pitt's Head at 4.45, and found the prisoner detained in the bar—Mr. Kirk said, in the prisoner's presence, "This man has given a counterfeit coin to my barmaid, and I wish to give him in custody," and handed me this coin—I said to the prisoner, "You hear what he says"—he said, "Yes"—I searched him there and found 10s. in gold and some half-crowns, shillings, and sixpences, and 7d. in bronze—he had it in his hand; he took it out—he was taken to the station and charged, and said, "I gave it in mistake for a shilling"—I received both these coins from Mr. Kirk, one in the bar and the other at the Police-court.

Cross-examined. When I searched the prisoner in the bar it was in Mr. Kirk's presence—there were shillings found on him—I know him as a workman; I know nothing at all against him—I know him as a respectable man.

THOMAS WOOD (Police Inspector, M). I was at the station when the charge was entered—it was read over to him, and he said, "I thought it was 1s."

Cross-examined. Inquiries have been made, and he bears a good character.

WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these are two brass coins like those of the Transvaal; the real Kruger sovereigns are different—some are light gold, and some dark.

Cross-examined. These counterfeit coins are sold in the streets as souvenirs, and are bought for children's toys—there are real gold coins like these.

The Prisoner, in his defence, stated, on oath, that on this Saturday afternoon he had just received his wages, £1 6s. 1d.; that he had 7d. in bronze, which he wanted to pay to his wife, and therefore tendered the coin for the ale, believing it to be a shilling, but that it was really a Kruger coin, which he had taken from his child on the Friday; that Mr. Kirk was by his side while he was being searched; and that on the Monday his brother lent him the khaki tie to go to the Police-court, but he did not wear it on the Sunday, and that his best clothes were a striped pair of trousers and a black coat and waistcoat; that he did not go out of his house on the 11th till 9 p.m., as he was not well, but was at home minding the baby, and was in his dirty clothes. He received a good character.

Evidence for the Defence.

CHARLES WILLIAM CARTER . I am a wool packer, of 162, Short Street—on Sunday, November 11th, I went to the prisoner's house at 1.25 and stayed till 10 minutes to 3—I was in his company all the time—he was not properly dressed; he was dirty—I went there to repair his children's clothes—there is a clock in the street where he lives, and it was 1.25 when I went in and exactly 2.50 when I left.

Cross-examined. I often go to visit the prisoner on Sundays, and repair his and his wife's and children's boots—he had on black cloth trousers, as near as I could see, with the lime over them—he had no jacket or waist-coat coat on; he was in his shirt sleeves—he and his wife were there, and a female came in about 2 o'clock—I did not hear of this charge till the following

Sunday, the 18th, from my half-sister—the charge was heard on the 19th, but I did not go—I was not there on the previous Sunday; I was mending my wife's boots at home—my half-sister came on the 18th about 2.30 or 2.45.

By the COURT. I do not know the name of the woman who came in while I was there—she brought some new shirts with her—I asked the price of them, and she said 2s. 5d.—she took them away—I saw her again afterwards.

ALICE HUDD . I am the wife of John Hudd, and live next door to the prisoner—on Sunday, November 11th, I went into the prisoner's house about 12.30, and saw him there—I went away, and returned at five minutes to I—the prisoner was there then; I stayed with him till 4.15, and then left—he was there all that time—Charles Thorpe was there, but he left before I did—we ware talking about two shirts—I said that they were very cheap, and Bellenger said so too.

Cross-examined. I am in the habit of going there to pay my club money, mostly on Sunday—I left my place next door at 12.30—I fix the time by our clock on the mantelpiece—I left at 4.15 by Mrs. Bellenger's clock—Mr. Carter came in about five minutes to two, and talked about building boats for the children—I am positive he left before I did—some liquor was drunk; Bellenger's boy fetched it.

The JURY here stated that they did not wish to hear any more evidence.

NOT GUILTY .

99. JOHN EDWARD STARFORTH (32), PLEADED GUILTY to feloniously marrying Catherine Hanham, his wife being alive.— Six months' hard labour.

ADJOURNED TO MONDAY, JANUARY 7TH, 1901.