Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 September 2014), February 1910 (t19100208).

Old Bailey Proceedings, 8th February 1910.

1910, FEBRUARY.

Vol. CLII. Part 904.

CENTRAL CRIMINAL

COURT

Sessions paper.

KNILL, MAYOR.

FOURTH SESSION,

HELD FEB. 8th, 1910, AND FOLLOWING DAYS.

MINUTES OF EVIDENCE,

TAKEN IN SHORTHAND BY

GEORGE WALPOLE,

shorthand Writer to the Court.

POINTS OF LAW AND PRACTICE

EDITED BY

R. F. GRAHAM-CAMPBELL, Esquire,

OF THE INNER TEMPLE.

[Published by Annual Subscription.]

LONDON:

GEO, WALPOLE, PORTUGAL STREET BUILDINGS,

LINCOLN'S INN, W.C.

PRINTED BY

THE ARGUS PRINTING COMPANY, LIMITED,

10, TEMPLE AVENUE, AND TUDOR STREET,

LONDON, E.C.

THE

WHOLE PROCEEDINGS

On the King'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 OTHER COUNTIES

WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Tuesday, February8th, 1910, and following days.

Before the Right Hon. Sir JOHN KNILL, Baronet, LORD MAYORof the City of London; the Right Hon. Lord COLERIDGE, one of the Justices of His Majesty's High Court; Sir WALTER WILKIN, E.C.M.G.; Sir MARCUS SAMUEL, Bart.; Sir Wm. PURDIE TRELOAR, Bart.; Sir DAVID BURNETT, Knight; Sir CHAS. CHEERS WAKEFIELD, Knight; and Sir HORACEB. MARSHALL, Knight, Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His Honour Judge RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.

JAMES ROLL, Esq.

RALPH SLAZENGER, Esq.

✗ sheriffs

J. D. LANGTON, Esq.

W. J. B. TIPPETTS, Esq.

✗ under Sheriffs

1910.

CENTRAL CRIMINAL COURT.

KNILL, MAYOR. FOURTH SESSI0N.

LONDON AND MIDDLESEX CASES.

BEFORE THE RECORDER.

(Tuesday, February 8.)

WILKINSON, John (38, stoker) , breaking and entering the shop and counting-house of David White and stealing therein one iron safe, of the goods of the said David White, and which then contained the sum of ₤ 324 and more and a large quantity of chattels, of the property of His Majesty's Postmaster-General, and of feloniously receiving the same; feloniously receiving the property of the Postmatter-General mentioned in the first count.

Mr. Forster Boulton prosecuted.

MAUD MORTON, assistant to David White, sub-postmaster, 84, Goswell Road. On December 8, 1909, at 9.10 p.m., I left the postoffice at 84, Goswell Road; it was secured with a padlock, and the safe was locked. The safe contained ₤ 161 12s. 9½ d. in cash; ₤ 896 in postal-orders and ₤ 369 12s. 8d. in postage stamps.

Sergeant HERBERT DICKISON, 96 K. On December 8. at 10.35 p.m., I examined 84, Goswell Road, found the door open and the padlock forced, and marks on the door, I entered and found the office in confusion, strewn with postal-orders, postcards, etc. I reported the matter to other officers.

Sergeant JAMES LAING. On December 9, at 12.30 a.m., I visited the post-office, 84, Goswell Road, and afterwards went to 79, Rosebery Avenue, where the steps bore fresh marks of having been chipped as if a safe had been carried over them. I went down the mews by the side of the house, and got to the rear, when I heard a chipping noise and saw a light in the back parlour of No. 79. Standing on the wall I saw a safe in the middle of the room surrounded by the prisoner and six other men, who were trying to force the safe open. The prisoner held a hack saw; another had a chisel and hammer. Sergeant Leach was with me; we procured assistance and surrounded the premises. An officer knocked at the front door and the men came into the backyard, where on seeing myself and other officers they ran back into the house. I followed into the back room and found prisoner together with Stanley and Brennan (who was convicted on January 13, 1910; see page 341.) I found in the room one hack saw, a hammer, four cold chisels, a chopper, a hatchet, and the screw-driver

produced. Two of the rivets of the safe had been loosened, and I think the safe would have been forced in another fifteen or twenty minutes. I took the prisoner to the station; he was charged with breaking and entering the post-office and stealing the safe; he made no reply. At the last Sessions prisoner was unable to take his trial through illness.

Cross-examined. I am sure prisoner was in the back room when I entered, and that I arrested him there. When looking into the room from the wall I recognised prisoner, whom I knew by sight. There was a good light in the room from an incandescent gas burner.

Police-constable HARRY WOODLEY, 343 H. I produce plan drawn to scale of 79, Rosebery Avenue. The wall at the rear is 8 ft. high, and 14 ft. from the window of the back room, which is 7½ ft. from the ground. Any one standing on the wall could see down into the room. The room is 9 ft. square.

Police-sergeant CHARLES LEACHcorroborated the evidence given by Laing. I saw prisoner in the room from the wall holding a steel hack saw; I knew him before. He was in the parlour when I entered with Laing. I then went upstairs and brought down another man whom I had arrested. Prisoner was then in charge of Laing. (To the jury.) Prisoner was dressed much the same as he is now.

(Defence.)

JOHN WILKINSON (prisoner, on oath). On December 8, from 10.40 to 11 p.m., I was in the "Wilmington Arms, " Rosebery Avenue. I then went to the Gold Air Stores, St. John's Street, to try and get a night's work. As I had not the price of a night's lodging I went to see an Italian named Gianicoli, who lives at 79, Rosebery Avenue, and who owed me a shilling. He could not pay me the shilling, but he invited me to sleep in a chair in his room. I had fallen asleep when the door was burst open and a police-constable in uniform entered, ordered me and the Italian downstairs, and took us into the room where there were four other men and a number of police officers. I was charged with being concerned with the other men in stealing the safe. I said, "I know nothing about it any more than the Italian does." We were taken to the station, and the Italian was released by the inspector. I had nothing to do with the robbery or with attempting to open the safe.

Cross-examined. I left the public-house at 11 p.m., and went straight to the Cold Air Stores, and on to 79, Rosebery Avenue, getting there about twelve. I have asked for the barman to be called to prove I was in the public-house. A woman opened the door and told me to go up to the Italian's room, which is the second floor front. I have got the Italian here to prove what I say. A uniformed police officer fetched me down from upstairs. I did not tell the magistrate I wanted to call the uniformed police officer who fetched me down.

Sergeant LEACHrecalled. I forced the door and brought the Italian downstairs. Prisoner was not in his room. I was in plain clothes

ALBERT GIANICOLI. On December 8 I was living in the first floor

front room of 79, Rosebery Avenue. I owed prisoner a shilling, which he had lent me. I was asleep with my wife when the door was burst open; I saw a police officer with a lantern; it was Sergeant Leach; he took me downstairs into a room where there were a number of men; I was taken to the station and discharged by the inspector; only Leach came into my room.

WILLIAM HENRY BLACKWOOD, barman, "Wilmington Arms, " Rosebery Avenue. I do not remember prisoner being in my public-house on December 8. I gave evidence before the magistrate. I said I thought the prisoner had been there, but I did not remember the hour.

Prisoner recalled (to the jury). Brennan is the same, height as I am. I was in the Italian's room for about an hour when the door was burst open.

Sergeant LEACHrecalled (to the jury). We arrested seven men altogether, including the Italian, who was discharged by the inspector, and Stanley, who was discharged by the magistrate. I burst the upstairs door open and kicked out the bottom panel of the door. Beside the Italian there was a boy named Aldous in the room, the son of the landlord of the house, who was lying at the foot of the bed. Prisoner was not asleep in a chair there. I brought the Italian down, and the prisoner was then in the lower room. The landlord Aldous was convicted on January 13.

Verdict, Guilty of receiving.

Prisoner confessed to having been convicted at Clerkenwell Sessions on February 6, 1906, receiving 18 months' hard labour for stealing from a till, after several other convictions.

Sentence, Four years penal servitude.

CONDON, Walter Joseph Shearman (32, Post Office sorter) pleaded guilty , of stealing a postal packet containing a postal order for 4s. 6d., the goods of His Majesty's Postmaster-General, he being an officer of the Post Office; stealing a letter containing a ₤ 5 Bank of England note, two banker's cheques for ₤ 10 and ₤ 3 8s. 4d. respectively, and two postal orders for ₤ 1 and 7s. 6d. respectively, the goods of His Majesty's Postmaster-General, be being an officer of the Post Office.

Mr. Forster Boulton prosecuted; Mr. James appeared for prisoner. Sentence, 12 months' hard labour on each indictment, to run concurrently.

GUNNING, John James (34, labourer) pleaded guilty, of breaking and entering the offices of the Lanston Monotype Corporation, Limited, and stealing therein three boxes of cigars, stamps of the value of 4s. 8½ d., and other articles, the goods of the said company, and one snuff box, the goods of Frank Harman ; stealing one coat, the goods of Edith Hearsey, and one coat, the goods of Florence Percival .

On March 19, 1906, at the Mansion House, prisoner was fined 10s. or seven days as a rogue; said to be an associate of convicted thieves.

Sentence, Nine months' hard labour on each indictment, to run concurrently.

BROWN, George (25, porter), and JONES, Jack (34, labourer), pleaded guilty of breaking and entering the shop of Victor Hammond and another and stealing two overcoats, their goods.

Both prisoners confessed to having been convicted at this court on December 8, 1908, each receiving 15 months' hard labour, for shoplifting, after previous convictions.

Sentence (both), Nine months' hard labour.

BEFORE THE COMMON SERJEANT.

(Tuesday, February 8.)

WOOLLEY, Henry (25, carman), and WOOLLEY, Frederick (19, labourer), both possessing counterfeit coin and uttering counterfeit coin twice within two days; Henry Woolley uttering counterfeit coin; both pleaded guilty.

Detective-sergeant WILLIAM BROWN, K, said prisoners belonged to a very respectable family, and bore good characters until August last, when the elder prisoner became associated with a gang of notorious coiners, and since then both prisoners had been uttering base coin wholesale. Prior to January last the elder prisoner had been in one employment for nine years. His wife then had about ₤ 150 left to her, and they started a greengrocery business, which failed.

Prisoners' father, James Woolley, agreed to become surety for the younger prisoner.

Sentence, Henry Woolley, Four months' hard labour; Frederick Woolley was released on his own recognisances in ₤ 10, with his father as surety in ₤ 10, to come up for judgment if called upon.

DAVIDSON, John (62, cabinet maker) pleaded guilty , of having in his possession without lawful authority three moulds, a quantity of metal and other things used in the manufacture of counterfeit coin.

Police evidence was given to the effect that prisoner had been making base coin on a very large scale.

Sentence, Four years' penal servitude.

STALLARD, Henry Frederick, indicted as STODDART (49, bottler), and ATKINS, Frederick (34, dealer) , both making counterfeit coin; both feloniously possessing moulds for coining; both possessing counterfeit coin. Both prisoners pleaded guilty to the charge of possessing counterfeit coin.

Mr. Picfeersgill prosecuted.

Detective ALFRED SAUNDERS, Scotland Yard. On January 12, about half past four, accompanied by Detective-sergeant Goodwills and Detective Wesley, I went to 37, Kenton Road, Victoria Park. In room on the first floor I saw the two prisoners sitting on either side of the fireplace, Stallard with his back to the window and at his feet an enamelled dish, and in the dish was the plaster mould produced with a partly-made coin in it, like it is now. The mould was warm. There was also this pot containing melted metal. I told the prisoners we

were police officers, and had reason to believe that counterfeit coin was being made there. As we entered the room Stallard stooped down, and with his right hand picked up the mould and was pushing it towards the fireplace, when he was stopped by Detetcive-sergeant Goodwillie. He then said, "I was only going to push it under the grate." On then table by Stallard's left hand were the ten counterfeit half-crowns produced, all dated 1906. Atkins said, "You have got it all now. I bought them for 2s. off a man I do not know. We have done nothing yet, but were going to have a practice. No one taught me this; I learned it all from a book." He afterwards produced from various parts of the room a bottle containing cyanide of potassium, a packet of plaster and a piece of antimony. He then said, "I found it all in one parcel, and had to climb over the fence for it in Bethnal Green Road. My wife was very ill or else I should not have been mixed up in this." The room was then searched by Detective Wesley and myself, and under an enamelled dish under the table I found this copper wire, and in a cupboard a packet of silver sand was found by Detective Wesley in my presence, and also this file, which bears traces of white metal. Stallard said, "I do not live here, but am only a visitor. I live at 31, Wolverley Street, Bethnal Green Road." They, were taken to the station, and on the way Atkins said, "You would not have found us out if some one had not told you about us." They were charged at the Victoria Park Station with making counterfeit coins; neither made any reply.

To Stallard. I did not notice a muffin-board with a bell and some other things on it. Two postcards were found upon you at the station addressed to you at 31, Wolverley Street, one dated in 1907 and the other 1908. Both the postcards purported to be testimonials to Stallard's honesty and respectability.

Detective CHARLES WESLEYand Detective-sergeant GOODWILLIEgave similar evidence. Stallard when arrested said to Goodwillie, "I would take all the blame of this if I could get him (Atkins) out of it. I was playing bagatelle this afternoon, and had not been very long in the house when you came. No matter what you find out I always speak the truth. I have a number of references, and you will find I have a good character. I am the father of twelve children, although some of them are dead. My wife thinks I am at work how." Goodwillie also stated that as the result of comparison he had come to the conclusion that all the counterfeit half-crowns were made in the mould produced.

AGNES SHARP, 37, Kenton Road, Wells Street, widow. Atkins is a lodger in my front room on the first floor. He had lodged with me about four months before his arrest. I only know Stallard by seeing Him come as a visitor. He used to come nearly every day; he came two or three times on the day of the arrest.

To Stallard. I remember seeing the muffin-board and bell on the landing a day or two after the police came. It had previously been in Atkins's room.

WILLIAM JOHN WEBSTER, Officer of H.M. Mint, gave evidence that the ten counterfeit half-crowns were made in the mould produced. They were in an unfinished state, the plating only remaining to be

done. All the articles produced taken from Atkins's room were the stock-in-trade of a coiner. The coins were very skilfully made, and evidently not the work of novices.

The statement of prisoner Stallard at the police-court was then put in. In it he said that he went to Atkins's room at ten minutes past four for a muffin-board and handbell which belonged to a Mr. Foster, and he had not been there ten minutes when the detectives came.

HENRY FREDERICK STALLARD (prisoner, on oath). On the 12th of last month I went out about ten o'clock in the morning, and went round to Atkins for my board and bell. Atkins said, "I have found something. Come back later and I will show you." I accordingly went back about twenty minutes past four, and he then showed me the counterfeit coins and the mould, and while he was doing so the police came in.

Cross-examined. I was not at Atkins's every day. I take out things for Mr. Foster and get 5 per cent, on all I sell. Atkins is in the habit of buying and selling things, and I buy bottles of him. I have known Atkins about six months. I did not hear Atkins make the statement deposed to by the police.

(Wednesday, February 9.)

Verdict (both), Guilty.

Detective GOODWILLIE, recalled, stated that Stallard had not been convicted of any offence. Atkins had been identified as James Brown, who was sentenced to three months at Old Street Police Court for stealing a fire-screen, but he had refused to give any further particulars about himself. For the last six months both prisoners had been engaged in passing bad money in different parts of London. Stallard's wife had been frequently sent to change large sums of money in coppers, and on one occasion she got 4s. for a counterfeit four-shillingpiece, which she said had been given her by a tradesman.

Sentences, Stallard Four years' penal servitude; Atkins, Five years' penal servitude.

BEFORE MR. JUSTICE COLERIDGE.

(Wednesday, February 9.)

HARRISON, William Charles (28, seaman) , was charged on the coroner's inquisition with the manslaughter of Edith B. M. Beck.

Mr. Graham-Campbell, who appeared for the prosecution, said that the coroner's jury returned a verdict of manslaughter, but when the case came before the police-court the magistrate, after hearing the evidence, discharged the defendant. The matter had been very carefully considered, and having regard to the medical evidence on the coroner's depositions, he was instructed, subject to the approval of the court, not to offer any evidence on the inquisition. It would be im

possible to establish affirmatively that the cause of death might not have been accidental.

Mr. Justice Coleridge concurred.

Verdict, Not guilty.

BOURNE, Thomas (34, housekeeper), pleaded not guilty of feloniously shooting at Sidney Norman Valentine with intent to murder him; guilty of wounding with intent to do grievous bodily harm; the latter plea was accepted.

Mr. Forrest Fulton prosecuted; Mr. Marshall Hall, K.C., Mr. Curtis Bennett, and Mr. J. L. Myers appeared for prisoner.

Sentence, 18 months' hard labour.

WRIGHT, Henry (25, porter), pleaded not guilty of feloniously wounding Celia Pryde with intent to murder her; guilty of wounding with intent to do grievous bodily harm; the latter plea was accepted.

Mr. Curtis Bennett prosecuted; Mr. Blake Odgers appeared for prisoner.

Sentence, Nine months' hard labour.

GOSS, Joseph (18, labourer) pleaded guilty , of feloniously and carnally knowing Nellie Goss, a girl under the age of 13 years.

Sentence, Six months' hard labour.

HAYSMAN, Stephen (24, labourer) pleaded guilty , of feloniously and maliciously setting fire to a stack of hay, the property of James Wood ; he confessed to a previous conviction, and others were proved.

Sentence, Three years' penal servitude.

BEFORE THE RECORDER.

(Wednesday, February 9.)

CLARKE, Charles J. (31, postman), stealing a postal packet containing one cigarette case and certain moneys and postage stamps value together 13s. 6d., or thereabouts, the goods and moneys of His Majesty's Postmaster-General, he being employed under the Post Office.

Mr. Forster Boulton prosecuted.

EDWARD WHITE BRUCE, clerk in the Secretary's Office, General Post Office. Prior to January 11, 1910, a large number of losses of letters have been reported from the Chiswick Post Office, and on that day I made up a test letter addressed to "F. J. Crockford, 'Birkwood, ' Hartington Road, Chiswick, London, S.W., " a fictitious name and address, containing a letter, a silver cigarette case, florin, shilling, two penny and seven halfpenny postage stamps, all bearing my private mark, which I posted at the head office at 2.50 p.m., and which would come into prisoner's possession for delivery. It would be the postman's duty on being unable to deliver the letter to mark it "No such address, " with his initials, and to post it at the nearest post office

or pillar box. The letter would then be delivered to another postman on the same district, who would again attempt to deliver it. The letter was not returned, and from information received at 10.15 p.m. I went to a tobacconist's shop in Grove Park Road, where I saw the prisoner talking to the girl behind the counter. He had then finished his deliveries for the day. I called for some cigarettes, and tendered half a sovereign in payment, when the girl said she had no change. Prisoner offered to give me change, and handed me for my halfsovereign three half-crowns, a florin, and sixpence. I paid for the cigarettes, left the shop and examined the florin, which I found to bear my private mark, and to be the coin I had put in the letter, and which I produce. It has a small "e" between "two" and "shillings" punched by the die produced. I gave instructions to Police-constable Roberts, who is attached to the Post Office, and he brought the prisoner to the Chiswick postmen's office. I described to prisoner the post packet, and told him its contents, and said, "This letter was taken out by you for your nine o'clock delivery. As it was undeliverable it should have been re-posted. Do you know anythingabout it? " He said, "I have got it all in my pocket, " and produced all its contents except the florin. I said, "Where is the two-shilling piece? " He said, "I cannot give it to you unless you give me back my change." I said, "Where is the cover? " He said, "I threw it away." The marks on the stamps were invisible until developed by an acid. In the folds of his handkerchief were found portions of the cardboard box, which also bore my mark.

WILLIAM JOHN PILOT, Assistant Superintendent General Post Office. Postal packet mentioned by the last witness was despatched from the head office at 5 p.m. on January 11.

JAMES POULTER, overseer, Chiswick Postmen's Office. On January 11 I received postal packet addressed to W. J. Crockford by five o'clock delivery, and handed it to prisoner for his 8.30 delivery. Prisoner left with it at 9.10 p.m.

Police-constable ROBERTS, attached to the General Post Office. On January 11, at 10.20 p.m., on instructions from Mr. Bruce, I asked prisoner to accompany me to the Chiswick Postmen's Office, and was present at the interview between him and Mr. Bruce. Prisoner produced two unopened letters (produced) which should have been delivered by him at about 9 a.m. One bears a fictitious address, and the other has subsequently been delivered. He asked me to return them to him, which I did, and he marked the fictitiously addressed one, "No such number in Grove Park Road, " adding his initials. He explained that he had not delivered the other because he had passed the address, and did not want to go back.

(Defence.)

CHARLES JAMES CLARKE (prisoner, not on oath). I went to a house in Hortington Road and delivered a letter, and as I opened the gate to come out the parcel in question slipped from my hand and fell into a pool of water. I broke it open so that its contents Should not be

injured by the wet, and put the contents in my pocket. I went to the tobacconist's to buy cigarettes, when Mr. Bruce came in, and I changed the half-sovereign as he has described, giving him the florin. I afterwards handed the other articles to him.

Verdict, Guilty.

Sentence, 12 months' hard labour.

DOO, Samuel Phillip (29, coster) pleaded guilty , of feloniously marrying Sarah Agnes Burches, his wife being then alive.

Prisoner was stated to have deserted his wife and also the prosecutrix, whom he deceived into the belief that he was unmarried.

Sentence, 18 months' hard labour.

GUPPY, Ernest (26, engineer) pleaded guilty , of breaking and entering the warehouse of J. R. Bousfield and Company, Limited, and stealing therein four suits of clothes and one overcoat, their goods; he also confessed to having been convicted on June 30, 1900, in the name of Albert Palmer, at Clerkenwell.

Prisoner was also indicted as an habitual criminal, to which he pleaded not guilty.

The Recorder said that as prisoner had never been sentenced to penal servitude, but only to sentences of 9, 18, or 21 months' hard labour, he would try whether a sentence of penal servitude on the original indictment would have the necessary effect.

Sentence, Four years' penal servitude.

WILLIAMS, George (25, labourer) pleaded guilty , of breaking and entering the St. James's Church and stealing therein one lectern, the goods of the churchwardens of the said church; being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, a chisel; he also confessed to having been convicted on February 24, 1905, in the name of George Thomas, at Surrey Sessions, of church breaking, receiving 15 months'hard labour. Other convictions proved: July 5, 1906, Derby Borough Sessions, 15 months for stealing a bicycle; February 25, 1905, at Chelmsford, ten months' hard labour for breaking into a church, after two convictions of three and eight months concurrent for church breaking.

Sentence, Three years' penal servitude.

ROBERTSON, Gideon (24, valet), and KINNAIRD, Lancelot James (23, clerk) , both breaking and entering the dwelling-house of Edward James Slade and stealing therein one watch and other articles and the sum of ₤ 2 or thereabouts, his goods and moneys.

Mr. Purcell, for the prosecution, stated that Robertson had been acquitted at the Middlesex Sessions on the opening of the case. The bill was remitted to this Court owing to want of jurisdiction.

EMILY JESSIE SLADE, 25, St. Anne's Road, Harrow, wife of Edward James Slade. On January 6 my house was broken into, and a quantity of property stolen, including P.O. Savings Bank book, showing a credit balance of ₤ 14 10s., and containing my husband's signature. Notice of withdrawal produced purporting to be signed

by my husband is a forgery; also slip of paper authorizing receipt of a letter.

RICHARD CHARLES HARRY, clerk, Savings Bank Department, G.P.O. I received notice of withdrawal produced requesting warrant to be sent to 215, Vauxhall Bridge Road, payable at the Post Office, 329, Vauxhall Bridge Road, in the name of E. J. Slade. Believing the notice to be a forgery, I gave information to the police.

Detective-Sergeant JOHN HEDLEY, X Division. On January 18 I kept observation on 215, Vauxhall Bridge Road, and saw Robertson enter the shop and receive a letter; he then entered a public-house, spoke to Kinnaird, who was there, and came out. I spoke to Robertson, returned with him to the public-house, and said to Kinnaird, "This man says you sent him for a letter to 215, Vauxhall Bridge Road." He said, "Yes, that is right." I told him he would have to come with me to the police-station on a charge of housebreaking at Harrow. On the way to the station he said, "You know it was those two men who escaped from Brentford on Saturday"— alluding to two men who have since been rearrested. At the police-court Kinnaird made a statement which I put in writing, and which he afterwards signed, "I am at present staying at Rowton House, Newington Butts. I am 23 years of age. About Saturday week I met Peter Murray at the King's Cross Railway, Great Northern. I only knew him by sight, and had seen him frequently at Rowton House. He said, "Would you like a drink? ' I said, 'Thank you, ' and we went into the 'Victoria.' He said, 'I cracked a crib at Harrow.' He showed me some jewellery and a Savings Bank book and asked me to go and get the letter." He afterwards said, alluding to Robertson, who was there, "This man is innocent, but I am as crook as can be"— meaning that he was a thief. He was charged at Harrow Police Station.

Cross-examined. Kinnaird made the statement in the presence of seven detectives. There was no pumping at all. He did not say, "As regards.Murray's movements, I was ignorant at the time and have been ever since."

Detective-sergeant HENRY OWEN, X Division. I was present when Kinnaird was arrested. At the station I searched Robertson and found on him a piece of paper produced, and in Kinnaird's presence Robertson said, "That was given me by the other man, " meaning Kinnaird— who said, "That is quite right." On searching Kinnaird I found envelope addressed to Peter Murray, 215, Vauxhall Bridge Road, London, and two newspaper cuttings relating to the arrest and escape of Murray.

GIDEON ROBERTSON (prisoner). I am 24 years of age and reside at Rowton House, Newington Butts. I first met Kinnaird on January 17, the day before my arrest. He asked me if I would go up with him to get a letter that was addressed from a friend in Paris to 215, Vauxhall Bridge Road. We went there and he asked me to go in and get the letter, as the party in the shop knew him and he was not in a presentable condition. His appearance was all right. He said he would give me something for going. He gave me paper pro

duced as an order for the letter. I obtained the letter and handed it to him. I was afterwards arrested, committed for trial, and acquitted.

Cross-examined by Kinnaird. Kinnaird said the letter was coming from a friend in Paris addressed to 215, Vauxhall Bridge Road. If I had known the nature of it I should not have gone with him.

(Defence.)

LANCELOT JAMES KINNAIRD (prisoner, not on oath). I met this man Murray at King's Cross and he told me a yarn about his past life for some five years, in the later part of which he had a very rough time. He eventually showed me this book, and he said if you can call in for this letter I will give you something for yourself. I did not like doing it, but I did not think there was anything really wrong. He has been quite the ringleader in it and as regards myself I do not see why I should be charged with anything.

Verdict, Kinnaird, Guilty. The jury wished to say that they think he was probably led away by others.

No evidence was offered against Robertson and a verdict of Not guilty was returned.

Sentence (Kinnaird), Three months' imprisonment, second division.

BROWN, Benjamin (43, gilder), and MARSHALL, Charles (29, painter) , both stealing one barrow containing divers articles of clothing, the goods of Lucy Jay ; Brown stealing one barrow containing 24 mantles and one costume, the goods of Solomon Goldstein ; Marshall stealing one barrow containing 36 boxes of caps, the goods of Harry Cohen, and stealing one barrow containing seven gross of boot pads and four hats, the goods of Charles Cooper .

Mr. Beaumont Maurice prosecuted; Mr. C. A. H. Black defended Brown.

Marshall pleaded guilty of the two indictments relating to Lucy Jay and Harry Cohen; not guilty in the case of Charles Cooper.

Brown was tried on the case of Lucy Jay.

LUCY JAY, Holloway Road, mantle maker. On January 15 I sent Herbert Crawford with a barrow containing goods to Watling Street in the City, and to bring back the articles of clothing produced, value ₤ 32. He returned without the barrow or goods, and made a communication to me.

HERBERT CRAWFORD, employed by the last witness. On January 15 I was sent to Watling Street, with a barrow, and left there with the goods produced at 1 p.m. I had got to Goswell Road, when Marshall came out of a shop and spoke to me. Brown was there. Marshall gave me 2s. I went into the post office to get something, and when I came out Marshall, the barrow and its contents, had disappeared. I then spoke to a policeman.

LIPMAN MYEROVITCH, 82, Bedford Street, Whitechapel, carman. On Sunday, January 16, at 10.15 a.m., the two prisoners asked me to said

a one-horse van to fetch parcels from Tottenham Court Road, paid me 5s., and went away with the van driven by my carman Joseph Cohen.

JOSEPH COHEN, carman to Myerovitch. On January 16 I drove with the two prisoners to Lumber Court, West Street, Cambridge Circus. Prisoners went up the court and returned with two bundles, which they put in the van and told me to drive on. I was stopped by a police-officer, who asked the prisoners what they had got in there. They said, "Old clothing, " and jumped out of the van and tried to run away, when the police stopped them.

Police-constable FRANCIS CURLE. On January 16, at 11 a.m., I was with other officers in West Street, when I saw the two prisoners get out of a van, go up Lumber Court and return with a rush basket and a bundle, which they put in the van. I asked what they had got when they jumped out of the van and ran away. Brown said, "It is only some old stuff. Come round the back and have a look at it." I arrested Marshall and another officer arrested Brown. Brown struggled very violently; other officers arrived and they were both conveyed to Vine Street. I examined the contents of the bundle— they are perfectly new clothing. Brown made no statement.

Cross-examined. Marshall did not say that he alone was guilty.

Police-constable THOMAS GERRARD DIVERScorroborated the last witness. Sergeant HENRY GERRARD, G Division. I took prisoners from Vine Street to City Road Police Station and charged them with being concerned in stealing six skirts and coats, the property of Lucy Jay, on the previous Saturday, in Goswell Road. Marshall said, "I want to say that I stole the coats. I went to Brown's place on Sunday morning and asked him if he could get me a van, and he took me to the man and got the van and said he would come with me. I said, 'If you do I will give you 6s.' He had nothing to do with the stealing— the boy knows that." Brown said, "I can only say the same. I know nothing about it."

Police-constable WILLIAM BOWDEN, 25 G. On Saturday, January 15, at 11.20 a.m., I saw Brown, Marshall, and two other men in Goswell Road, and directed them to go away. Marshall went down Aldersgate Street and Brown walked away after speaking to a newsvendor— both walked towards the General Post Office. I know both prisoners by sight.

Police-constable ALBERT COOK, 339 G. On January 15, at about 11.45 a.m., I was on duty in Goswell Road when I saw the two prisoners. I know them both as convicted thieves.

Mr. Black objected to this statement.

The Recorder said that the officer ought to be ashamed of himself for having made this statement, and that he should be reported. He directed that the case should be tried in another court and before another jury, discharging the present jury from giving a verdict.

BEFORE THE COMMON SERJEANT.

(Saturday, February 12.)

The case was retried before another jury, the evidence given at the previous hearing being repeated.

Verdict, Guilty. Many previous convictions were proved against both prisoners.

Sentences (each), Three years' penal servitude.

BEFORE THE COMMON SERJEANT.

(Wednesday, February 9.)

ADAMS, James (23, actor) , indicted for uttering counterfeit coin three times on same day and feloniously possessing mould for coining, pleaded guilty of uttering.

Mr. Fickersgill prosecuted.

ESSIE FOSTER, 16, Clarence Gardens, N.W., wife of James Foster. On January 28 I was in Osnaburgh Street about half past 11 and my attention was attracted by a man not in custody, who was walking along by the Church Yard. When I got to the oil shop, which I entered, he stopped and looked through the window. When I came out he had gone on a bit further. Then I saw prisoner come out of the paper shop next door. Prisoner met the other man and they both walked along together until they came to another paper shop. They then crossed the road and prisoner went into the shop. When he came out I entered the shop and spoke to the little girl inside. Coming out I followed the two men and saw prisoner enter a chemist's shop. When he came out he met his companion. I then spoke to a policeman and saw prisoner arrested, but the other man ran round the corner by Cumberland Haymarket.

WILLIAM BLACKSTAFFE, newsvendor, 29, Osnaburgh Street. On January 28, between half-past 11 and 12, prisoner came into my shop and purchased a halfpenny paper, for which he tendered 6d. I gave him 5½ d. change and put the sixpence in the till. Very shortly afterwards a constable came to my place and said, "Have you taken any bad money." I took the sixpence from the till, which I then found was a bad one, and gave it to the constable, and later I identified prisoner at the station.

EDITH HERBERT, aged 14, 78, Osnaburgh Street. My mother keeps a newsvendor's shop and I assist in the shop. On January 28 prisoner came into the shop and asked for a fourth "Star." He gave me sixpence and, I gave him 5½ d. change. A minute or two afterwards Mrs. Foster came in, and in consequence of what she said I tested the sixpence and found it was bad. I ran after prisoner and he came back to the shop with me. I told him the sixpence was a

bad one. He said, "I am sorry." He came back to the shop and gave mother a shilling.

To prisoner. When I caught you up you were only gone about 20 yards. You came back voluntarily.

KICHARD OWEN JONES, assistant to Mr. Brunwell, chemist, 73, Osnaburgh Street. On January 28, about a quarter to 12, prisoner came to the shop and made a purchase to the value of 1d. Sixpence was tendered in payment and I gave him the change. I put the coin into the till, and about a quarter of an hour afterwards a policeman came in. In consequence of what he said I went to the till and found the sixpence given me by prisoner. It was a bad one.

Police-constable CLIFFORD RANCE RANCE, 436 S. On January 28, about 12 o'clock, in consequence of information received, I went to 78, Osnaburgh Street and there saw prisoner. I went inside and asked what was the matter, and was told by Mrs. Herbert he had been trying to pass a bad 6d. I told him I had heard he had been trying to pass bad money in two or three other shops in the same street, to which he replied, "I do not think so." I asked him if he had any more, and he said "No." I then told him I should want to search him, which I did, but failed to find any more bad money. I then told him I should take him into custody. He had upon him a good 6d., 5d. bronze, a scribbling pad, and two keys. I took him to the station and afterwards made inquiries at Blackstaffe's shop. I gave the two keys to Detective-sergeant Crookshank. Prisoner gave the address 8, Foley Street, Tottenham Court Road, and the name of James Adams.

Detective-sergeant STEPHEN CROOKSHANK. I received the two keys from the last witness. I made inquiries at 8, Foley Street, and went in consequence to 7, Glengowe Mansions, Chapel Street, Brixton. The door had two locks on it, but one of them was latched. The flat contained four rooms, two bedrooms, a drawing-room, and a kitchen. In one of the bedrooms on the top of the wardrobe I found two parts of a mould wrapped up in a newspaper tied together. In the kitchen underneath the dresser I found some plaster of paris in a bag and a few pieces of white metal. On the dressing table in the first bedroom I found a small file which has traces of white metal on it, also a knife with plaster of paris on it and a pair of pliers which: might be used for holding the mould. I received the three bad sixpences from Rance and formed the opinion that they had come from that mould.

FREDERICK FOWLER, caretaker, Glengowe Mansions, stated that he knew prisoner by the name of Goodman. He had rented a flat since August 4, 1909.

WILLIAM JOHN WEBSTER, officer of His Majesty's Mint, said two of the three sixpences had certainly come from the same mould, but as to the third one there was a little difficulty, as it had been rather knocked about, but it was the same date as the others, 1909. Amongst the things found was a pair of pincers which could be used

as a clamp to hold the mould. The white metal found was green tin and was used for making base coin. The other articles found were such as were usually associated with the Mint cases.

(Defence.)

JAMES ADAMS (prisoner, on oath). I was in Birmingham in May last year, at the Tivoli Theatre, and I came in contact with a man who gave me to understand his name was Frank Crichton. I have since met him on one or two occasions in different parts of the United Kingdom, and he told me he was working for a troupe of acrobats as baggage man, the truth of which I cannot say. I met him in Charing Cross Road about seven weeks ago, and he informed me he was out of employment and making these counterfeit coins, which he called by some slang name which I really forget now. I informed him I should not like to have anything to do with him as he was doing that kind of thing. He inquired where I was going, and I said I was going to Brixton. He had a small parcel under his arm, and he said to me, "As you are going over the water you might drop this in, " and he used some other words about "doing it in, " which is disposing: of it in some way, " as, " he said, "I do not wish to carry it about with me, nor to leave it in my lodgings." I took it off the fellow really to get rid of him, and I put it in my overcoat pocket and went down to the embankment. Getting on a tram, I forgot all about this parcel, and when I got home I opened it and found these bits of chalk, as I thought they were, wrapper up in newspaper, and various other little items, a pair of pliers, nail-cutter, a small knife, and a small brown paper parcel, which I found contained some pieces of white metal. I hid them in various places, so that my wife should not see them. On January 28 I met Crichton opposite Portland Road Station. We got into conversation and he informed me he had a lot of these sixpences on him, and he asked me, as he said I had a good appearance if I would go and change some of them for him. (Prisoner gave corroborative details as to the passing of the bad money.) When the girl Herbert asked me for the 5½ d. change I felt thoroughly ashamed of myself, and I thought it would be better to go back to the shop, even at the risk of being locked up, than be with this man. With regard to the plaster of paris, it was bought by my wife on account of a defect in one of the gas pipes; she was going to plaster it round.

Cross-examined. I gave the address in Foley Street because my father lives there, and I am generally there when I am in London. I have all my correspondence addressed there; also I did not want my wife to know the disgrace I had brought on myself. I am aware that the charge against me is being in possession of the mould without lawful authority or excuse.

MAUD ADAMS, prisoner's wife, stated that the plaster of Paris was bought by her maid by her directions, as she thought it would be a good thing to mend a defect in the pipe of the gas stove. She had

never seen her husband using the plaster, nor in the company of the man referred to.

Cross-examined. The plaster was bought the night before my husband was locked up. I did not say to the officer I did not know the plaster of Paris was there. If I had been afraid of the police finding it it would not have been there. I said I did not know anything about the mould on the top of the wardrobe. I was shown the white metal. I do not know where that was found. The plaster of Paris was found in the kitchen cupboard. I suppose the maid put it there. The detective took the small file, a pair of pincers, and a nail-cutter off my dressing-table. The file, which has a mother-of-pearl handle, is part of a manicure set that belongs to me. The pocket knife is also mine.

Verdict, Not guilty of possessing.

Detective-sergeant CROOKSHANKrecalled, said that prisoner, in the name of James Murray, was bound over at Bow Street Police Court under the Probation of Offenders' Act on January 8, 1908, for three years for warehouse breaking. Since that time he had been travelling the country with exhibitions of sea lions. In August last year he was engaged at His Majesty's Theatre, London, in a play called "False Gods, " in a minor position as "extra gentleman, " or something of that description. That engagement terminated in November, and since then he had been doing nothing.

Sentence, 12 months' hard labour.

COOPER, Frederick (24, agent), WALLACEJohn William (34, agent), and WATERS, Mary (34, cook) , all feloniously making and having in their possession moulds for making counterfeit coin. Cooper and Wallace pleaded guilty.

Mr. Wilkinson prosecuted.

Detectice-inspector WILLIAM BURNHAM, G. On January 3 I went with other officers to 1, Compton Passage, Compton Street, Clerkenwell. I knocked at the front door, which was opened by the woman Waters. 1 said, "I am a police officer, " and tried to enter the house. As soon as I said that she seized hold of me and shouted, "Jack, Jack, the police." Sergeant Garrard came to my assistance, and I got away from her. I handed her over to Sergeant Garrard and entered the house, walked along the passage, and entered the second room on the right-hand side. The woman said, "I do not know anything about it." At that time I had not said anything about any coinage offence. There was a bed in the room. I went further down the passage, and came to a door that was bolted on the outside. As I was about to enter that door she said, "I do not know what is going on there." I unbolted the door, and in the room I saw the two male prisoners. Upon the table I found a mould for making sixpences. I found also the sixpence produced, which has a piece of plaster of paris on it. A large fire was burning in the grate. I searched the fireplace and found three parts of two moulds, one being for a shilling and one for sixpence. Upon the table I also found part of a mould for making shillings, the reverse side having been obliterated by scrap

ing. There were three knives on the table with pieces of plaster of Paris adhering, a large piece of glass, two files and some pincers, which might be used as a vice, an iron spoon, four white metal spoons which might be used for making coins, a tallow candle, used in making the mould, and a scrubbing brush for cleaning the coins. I found three crucibles, in one of which there was metal; one of the crucibles was hot. The female prisoner was subsequently brought into the room by Garrard, Cooper said, "That woman don't know anything about it." Wallis said, "We are novices at this game; we are experimenting." I afterwards went into the room I had looked into first, where I saw a man's hat and coat hanging up. I said to prisoners Waters, "Whose hat and coat is this? " She said, " Jack's. He is my cousin. They asked me to let them have the room for a couple of hours. I did not know what they were doing in there. I was just going in to cook my dinner." When charged prisoners made no reply. Waters also said, "I am in charge of these rooms; I am responsible; they are my mother's rooms, but I am responsible." She also said her mother was out all day at work. I searched Wallace and found on him a good shilling.

Detective-sergeant HENRY GARRARD, G. I was present when the last witness searched the house. I noticed that the window of the room in which the male prisoners were found was covered up with a sort of double blind, one side of it being green and the other black.

JANE KINSHOTT, female searcher, King's Cross Road Police Station, spoke to finding on prisoner Waters ₤ 4 in her stocking and 8s. and 5d. in bronze in her jacket pocket.

WILLIAM JOHN WEBSTER, officer of H.M. Mint. The sixpence produced is the pattern piece on which the mould has been made. There are three half moulds for the reverses of shillings, which have been made from a good shilling pattern piece. The knives have plaster on them. The glass is for making the moulds, and has marks of plaster on it. All the articles found form the stock-in-trade of a coiner.

(Defence.)

MARY WATERS (prisoner, on oath). On January 3, at 12.40, I was cleaning my windows when the two men came down the turning. One (Cooper) was an entire stranger to me, and the other I had known for four years. Wallace owed me a sovereign, which I had lent him on Christmas Eve when I met him by accident. Previous to that I had not seen him since October 2. I had just received from my brother-in-law a matter of ₤ 10 which he owed me, so I was able to lend him a sovereign out of that. Wallace said to me, "Can I go in for a little while? " I said, "What about that? " I referred to the money he had to give me. He said, "I have no money, but you can take my overcoat and pawn." That is how the coat came into my bedroom, or rather my mother's. I told him to hang it on the bannisters, and I would put it into the bedroom after. I then

finished the windows, put on my old cap, and went out. I was out about three minutes, and just after I came in there was a knock at the door. I threw my cap off and opened the door. When I did so two men pushed their way into the passage. I said, "Yes, what do you want? " One of them said, "We are police officers." I said, "What is the meaning of that? " The one that spoke first caught hold of me by the wrist until he drew blood, and I halloaed out "Jack." When he said he was a police officer I called out "Jack, " and before I could say it again the other officer put his hand over my mouth. They then closed the street door, and one of them walked through. The door at the end of the passage was opened, I think, by Wallace. The door was bolted on the inside; there was no bolt on the outside; there is no hole for the bolt to go in. The door does not fit perfectly. It is a door my brother-in-law fitted up for my mother to keep the cat from getting into the place and breaking the things. The other prisoners bolted themselves in, and I knew nothing about what they were doing. As long as I have known Wallace I have never received a penny of him, and the other man is a stranger to me.

Cross-examined. I went out to get the money for some clothing that I sell. I was living with my mother for the time being. Sometimes I go to live with my sister-in-law. I swept the back room where the other prisoners were in the morning and lighted the fire about twelve o'clock. There was not a very large fire. It is only a little stove with a brick in the bottom where it has been broken away. I am certain that the door was bolted from the inside.

To the Court. I did not notice that one of the men was carrying a parcel.

Verdict, Waters Guilty. Several previous convictions were proved against Cooper. Wallace had been charged with stealing a horse and cab valued at ₤ 70, and with robbing a drunken person who had got into a cab, but on both occasions was discharged.

Sentence, Cooper, Five years' penal servitude; Wallace, Three years' penal servitude; Waters, Six months' hard labour.

BROWN, Henry George (34, stoker) pleaded guilty , of feloniously marrying Lillie Hannah Dunlop, his wife being then alive.

Prisoner was married in 1893, and left his wife last year in consequence of her drunken habits. In December last he went through the form of marriage with Dunlop, who appears to have known that he was a married man and had children.

Sentence, Two months' hard labour.

BEFORE JUDGE RENTOUL.

(Wednesday, February 9.)

BRIDGER, Robert Owen (23, architect) , committing acts of gross indecency with William Collinson and Thomas Perkins, male persons; attempting to procure the commission of an act of gross indecency with Harry Edward Maskens and committing an act of gross indecency with G eorge Hester, male persons.

Mr. Bodkin and Mr. Roome prosecuted; Mr. C. F. Gill, K.C., and Mr. Symmons defended.

Verdict, Not guilty.

RAPSON, Charles (37, electrician's mate) , indecently assaulting Elizabeth Powell, Ellen Powell, and May Malcolm.

Mr. Clarke Hall prosecuted.

Verdict, Guilty.

Sentence, 12 months' hard labour.

SINDALL, Lily Beatrice (20, servant) pleaded guilty , that, having being delivered of a certain female child, she did, by a secret disposition of the dead body, endeavour to conceal the birth thereof.

Prisoner was released on her own recognisances in ₤ 10 to come up for judgment if called upon.

TURNEY, Charles Ralph Thomas (20, labourer), and HUDSON, Harriet Jessie (29, cook) pleaded guilty , of abandoning a certain male child under the age of two years, whereby its life was endangered.

Sentences, Turney 18 months' hard labour, Hudson one month's imprisonment second division.

HENSON, George Henry (30 painter) pleaded guilty , that, in incurring a debt and liability of 7s. 6d. to Stephen Cannon he did obtain credit to the amount by false pretences, and by means of fraud other than false pretences.

Mr. Gimblett, who prosecuted, stated that prisoner had systematically gone about engaging apartments and lodgings and made false statements to landladies as to where he was working, and also borrowed money from them under false pretences and fraud, and then cleared off without paying anything.

Numerous previous convictions were proved.

Sentence, 12 months' hard labour.

BENSON, George (25, tinsmith) pleaded guilty , of robbery with violence upon Kate Herwig and stealing from her one handbag containing 15s., and other articles, the goods and, moneys of Cecil Herwig ; attempting to steal one handbag containing ₤ 3 and other articles, the goods and moneys of James Ebenezer Clements, from the person of Elizabeth Ann Clements .

Sentence, Four months' hard labour.

BEFORE MR. JUSTICE COLERIDGE.

(Thursday, February 10.)

JACKSON, Walter (56, mason), breaking and entering the dwelling-house of John Hunter Campbell, and stealing therein a hat, his goods; feloniously wounding the said John Hunter Campbell, with intent to murder him.

Mr. Bodkin, Mr. Leycester, and Mr. Roome prosecuted; Mr. St. John McDonald defended.

The indictment for attempted murder was tried.

Detective-sergeant LODGER, T division, proved a plan to scale of the neighbourhood in question in the case.

JOHN HUNTER CAMPBELL, artist and designer. I live with my wife at 69, Atbara Road, Teddington; we keep no servant. On January 4 my wife went out at twenty to four in the afternoon; ten minutes afterwards I heard a noise in the hall, and on going there I saw prisoner; he said he was looking after rooms, he had met my wife, and she had given him the key, and he had let himself in. I knew this must be false. We got into the dining-room, and I knocked against the wall; this was a usual signal to my daughter, who lives next door, that we wanted her to come in. Prisoner struck me a fearful blow on the head with a jemmy, and I was stunned for the moment. My daughter came in, and prisoner threatened her; she went away screaming "Police." As prisoner was going away I got up and followed him; in the hall there was a china vase, which had been broken, and I hit prisoner with the bottom bit of it; we struggled together for several minutes. Prisoner pulled out a revolver and fired three times at me; I heard three clicks, but the revolver did not go off. Prisoner ran out at the front door and got away. When I first saw him he was wearing a brown bowler hat; this fell off in the scuffle, and was afterwards found in the house (Exhibit 8); when he escaped he was wearing my Trilby hat. I recognise the jemmy and pistol produced as those used by prisoner. On January 15 I went to the police station and picked out prisoner from a number of other men; I am positive he is the man.

Cross-examined. At the identification I did not say "I believe that is the man, I am almost sure, but I am not certain." I struck prisoner with the broken vase in the face, pretty hard.

Mrs. CAMPBELL. On leaving the house at twenty to four I am certain I closed the front door. I noticed prisoner in the road. When I went to the police station I was nervous and I failed to identify prisoner, but I am now certain he is the man.

ETHEL FLORENCE WARREN, married daughter of the prosecutor, living in the next door house, said that on hearing a knock at the wall she went by the back garden into No. 69; she saw prisoner in the hall; he pointed a revolver at her, and she went out screaming for the police. She saw prisoner as he ran from the house; he was wearing a long dark overcoat with a velvet collar. On prisoner being placed with other men at the police station witness thought he was the man, but could not be positive.

JOHN COPELAND POOLE, M.R.C.S. Shortly after four, on January 4, I was called to attend prosecutor. He had a cut on the back of the head about two inches long, going down to the bone; this might have resulted from a violent blow with the jemmy produced.

WILLIAM LOUIS WOODS, gardener, 76, Atbara Road. I heard Mrs. Warren screaming out "Murder, " and on going into the road I saw prisoner coming out of No. 69; he ran towards Broom water; I ran after him; as he was jumping over a fence leading to Culchett Hall grounds I caught him up; I was going to take hold of his leg, when he pointed a revolver at me and threatened to blow out my brains if I touched him. He made off into the grounds. I noticed that his face was bleeding. I immediately picked out prisoner from other men at the police station.

ERNEST WILLIAM DORMER. I was in St. Winifred's Road about four o'clock; the grounds of Culchett Hall lead into that road; I saw prisoner get over the fence there into the road. Later on I told Police-constable Magna, and took him to the place where I had seen prisoner. I am certain prisoner is the man I saw climb the fence. His face was bleeding.

AMELIA COLOMBO, 30, Albert Street, Camden Town. On December 23 prisoner and a woman came to lodge at my house. He used to go out in the morning and return after eleven at night. On January 5 (the day after prisoner's arrest) his wife told me not to go into his room that day as prisoner was in bed.

Cross-examined. Before prisoner took the room it had been empty for six months. Prisoner always wore a grey overcoat.

JENNIE LOUISA COLOMBO, daughter of last witness, said that prisoner used to wear a brown bowler hat similar to Exhibit 8.

Police-constable MAGNA. On January 4 I went to 69, Atbara Road, and saw, prosecutor. I took possession of the hat (Exhibit 8). On searching the grounds of Culchett Hall I found the revolver (produced); it was a six-chambered revolver; three chambers were unexploded. Later on Inspector Ashley gave me three keys; on going to 69, Atbara Road, I found that one of them opened the front door.

Cross-examined. Prisoner did state that the key opened his grandmother's front door; I did not go to his grandmother's house to test it; it is a skeleton key and would open half the doors in Teddington.

Inspector WILLIAM BURNHAM. On December 3 I was keeping observation on 42, Cumming Street, Islington; I saw prisoner enter that house. On January 6 I was in Arlington Road, Camden Town, which is very near Albert Street, and not two miles from Cumming Street. I was with other officers, and, after resistance on his part, we secured prisoner. He attempted to put his hand into his pocket, saying, "I will shoot you; I have got a shooting iron." On his being" searched no weapon was found on him, but there were 27 No. 9 Eli pin-fire cartridges. The three cartridges produced (taken from Exhibit 8) are exactly similar to those. On January 7 I went to 30, Albert Street. In his room I found up the chimney the jemmy and three keys (produced). On the day of his arrest I noticed the mark of a recent cut on his cheekbone, and his eyes were much inflamed.

Inspector JOHN ASHLEY. On January 15 I saw prisoner at SouthWestern Police Court. I told him he would be charged with housebreaking and the attempted murder of J. H. Campbell on Tuesday,

January 4; he said, "What day was it? " I said, "Last Tuesday week"; he said, "I know nothing about it, and I can prove I was in bed from Sunday till Wednesday." In reply to the formal charge he said, "On the 4th I was in bed." I noticed that he had a slight abrasion near the left eye and a recently healed wound on the left cheekbone.

Cross-examined. I notice a scar on prisoner's cheek now; that is not the one I am referring to.

Inspector ARTHUR BELDERSONspoke to the details of the identification of prisoner by the various witnesses.

(Defence.)

WALTER JACKSON (prisoner, on oath) declared that he was in bed and did not get up on January 4 and 5. The bag containing 27 cartridges was on January 6 given him in Euston Road by two men named Gibbs and Thompson to mind. He (prisoner) knew nothing about revolvers, and had never fired one in his life. He was not in Atbara Road on January 4. He had never worn a bowler hat or a Trilby hat in' his life; he had never seen the jemmy (produced). He denied that when he was arrested he had a recent scar on his face; he challenged the prosecution to produce the medical sheet which must have been prepared at the time he was admitted to prison. He had all his life had a scar under his left eye. Two of the three keys produced were those of houses where he had lodged; the third was the key of his grandmother's house. (At the request of the jury prisoner put on the bowler hat (Exhibit 8), which he admitted fitted him.)

Cross-examined. I still say that I never wore a brown bowler hat. The story about my having a recent wound on my face is a pure invention.

WILLIAM ELMER and JOSEPH NORMAN, who were with the row of men amongst whom prisoner was put up for identification, were called to bear out prisoner's statement that some of the witnesses were uncertain as to his identity.

Verdict, Guilty. Prisoner confessed to a previous conviction.

The indictment for housebreaking in the Campbell case was not proceeded with, nor were two other indictments for housebreaking.

Police evidence proved that prisoner had repeated convictions recorded against him since he was 22 years old. Sentences totalling 24 years had been passed upon him, including six years' and seven years' penal servitude.

Sentence, Ten years' penal servitude.

BEFORE THE RECORDER.

(Thursday, February 10.)

HODSON, Ernest Alfred (28, commission agent) pleaded guilty , that, having received ₤ 6 19s. and 1s. l0d. from Annie Amelia Palmer; 1s. 11d. from Maria Wiggins, and 1s. from Marion Barclay in each case for and on account of the Royal London Mutual Insurance Society, Limited, he did fraudulently convert the said sums to his own use and benefit.

JOHN WILLIAM HODSON, brother of prisoner, stated that he was willing to become surety for his good behaviour and to find him employment if liberated.

Prisoner was released on his own recognisances in ₤ 50 and those of his brother in ₤ 25 to come up for judgment if called upon.

ABRAHAM, John Charles (39, company promoter), and ABRAHAM, Augustus John (73, no occupation), both conspiring and agreeing together and with others unknown to obtain by false pretences from David Smith Task, John Parr and Frank Piggott and from such of His Majesty's liege subjects as should invest money in the shares of the Merchants' Legal Aid Society, Limited, divers of their moneys and valuable securities, with intent to defraud; both obtaining by false pretences from David Smith Task certain valuable securities, to wit, bankers' cheques for ₤ 50 and ₤ 50; from John Parr certain valuable securities, to wit, bankers' cheques for ₤ 50 and ₤ 40 respectively, and ₤ 10 in money, and from Frank Piggott certain valuable securities, to wit, bankers' cheques for ₤ 50 and ₤ 50, in each case with intent to defraud.

Mr. Muir and Mr. Oddie prosecuted; Mr. R. Storry Deans defended Augustus John Abraham; Mr. George Elliott, K.C., and Mr. G. W. H. Jones defended John Charles Abraham.

DAVID UNWIN, clerk, London Joint Stock Bank, Old Broad Street. I produce certified extract of the bank books containing the account of the Merchants' Legal Aid Society, which was opened on November 23, 1903, by J. C. Abraham, secretary. Both prisoners had authority with others to draw on the account, and on' April 14, 1904, a cheque was drawn on the account for ₤ 380.

Cross-examined. The account was closed on April 22, 1904.

GEORGE WILLIAM COUSINS, cashier, London County and West minster Bank, High Holborn. I know the prisoner, John Charles Abraham, and I produce a certified copy of his account at my bank. The account shows considerable amounts paid in, among them being one on April 15, 1904, of ₤ 325. I produce particulars showing how that amount was made up, together with the numbers of the notes. Witness also spoke in detail as to other amounts paid in and withdrawn from the account, including a final withdrawal of ₤ 394 on November 7, 1904. Exhibit 2, a cheque for ₤ 25, signed by John Charles Abraham, drawn on the account, was presented on the same date, but there was not enough money to meet it.

Cross-examined. On November 11 there was a credit balance on the account of ₤ 841 18s. 6d. That was some days before the registration of the company.

ALFRED ERNEST CHAPPLE, cashier, London and South-Western Bank, Bloomsbury. I produce a certified copy of the account of John Augustus Abraham at that bank. On November 8, 1904, there was a withdrawal of ₤ 192. I have the particulars, showing how the amount was made up.

PALMER PECKOVER, clerk to the Registrar of Joint Stock Companies. I produce the file of the Merchants' Legal Aid Society, Limited, registered on November 16, 1903, by A. J. Abraham, Winchester House, Old Broad Street, E.C., with a nominal capital of ₤ 2, 000, divided into 1, 000 Six per Cent. Preference shares of ₤ 1 each, and 1, 000 Ordinary shares of ₤ 1 each. The seven signatories include the names of the prisoners. Nothing was paid on the incorporation of the company, but between December 18, 1903, and Jan. 4, 1904, 200 Ordinary shares were allotted to John Charles. Abraham. I have a record of the change of address of the company to 46, Queen Victoria Street on December 30, 1903, signed "John C. Abraham, Secretary, " and on November 4, 1904, there was another change of address to 59, Bishopsgate Street Within. On July 17, 1905, a circular requiring the annual summary of capital and shares, which should have been filed by the company, was sent to the last address, but was returned, and the company was struck off the register.

RICHARD TINKHAM, cashier to a firm of solicitors of 4, King William Street, proved the letting of the premises at No. 46, Queen Victoria Street, to the prisoner, John Charles Abraham, at a rent of ₤ 100. The agreement was dated December 16, 1903, and was for one year. The rent was paid for three quarters, but the cheque for ₤ 25 drawn for the fourth quarter's rent (produced) was returned by the bank, and the prisoners suddenly left the premises.

Cross-examined. I had references when I let the premises with which I was satisfied.

JOHN PARR, electrical engineer. In 1904 I was living at Beckenham, where I managed some works. My salary was ₤ 250 per annum. In July I saw an advertisement in the "Weekly Dispatch" (produced) to which I replied, and received a letter, dated July 19, signed "John C. Abraham, Secretary, " written on paper headed, "Merchants' Legal Aid Society, Limited, 46, Queen Victoria Street." The letter referred to a district managership at Norwich, at a salary of ₤ 208 per annum, payable weekly, with 10 per cent, commission on all subscriptions and 10 per cent, on renewals, and set forth an estimate of the amounts of the subscriptions I should be likely to receive, showing that altogether the probable amount of my income would be ₤ 68 a month. I was required to qualify by taking ₤ 100 worth of Preference shares in the company as a sort of security for the money which would pass through my hands. I called at the offices a few days afterwards and saw in an outer room the prisoner Augustus John Abraham and two typists, and I also saw the other prisoner

passing from one room to another. I asked for the secretary, and was shown into a room, where I saw a third man. I told him I had called about the letter I had received, and had some conversation with him, during which he handed me a pamphlet. I said, "I put it to you now as man to man, would you give up a berth at ₤ 250 per annum to take up a business of this kind? " He said, "I would; I would not hesitate one moment." I then left, taking with me the pamphlet, which I read, and believing the statements contained in it were correct, I wrote again, and in reply received a letter signed "John C. Abraham, " informing me that the post at Norwich had been filled up, but offering me another at Oxford. Ultimately I wrote, enclosing a cheque for ₤ 50, the receipt of which was acknowledged by "A. J. Abraham, Director." I received a letter dated August 13, called a "letter of appointment, " and requesting me to forward the balance of ₤ 50, which I did, and early in October I proceeded to Oxford to take up my duties. I took offices there, bought furniture, and engaged several agents, but I did not succeed in getting any subscribers or doing any business. I wrote to the offices in Queen Victoria Street, asking for instructions, but could get none, so I called and saw the prisoners. I then asked for my salary, but did not get it, and I returned to Oxford. I wrote again, but got no answer, so early in November I again went to London, when I found the offices closed, without any intimation as to where the company had gone.

On the application of Mr. Storry Deans to interpose two witnesses, The Rev. JAMES PATRICK SHORE, of Bovey Tracey, Devonshire, and the' Rev. PATRICK MCKENNA, priests of the Roman Catholic Church, were called to speak as to the character of the prisoner, Augustus John Abraham.

(Friday, February 11.)

Mr. George Elliott said that J. C. Abraham had considered his position, and desired to plead guilty to the indictment.

Mr. Storry Deans made a similar statement with regard to J. C. Abraham.

A verdict of Guilty was returned by the jury.

It was stated that A. J. Abraham had taken a subordinate part, and in consideration of his age he was released on his own recognisances in ₤ 100 to come up for judgment if called upon.

Sentence (J. C. Abraham), 12 months' imprisonment, second division.

BEFORE THE COMMON SERJEANT.

(Thursday, February 10.)

HOWELL, George (42, carver) , indicted for forgery and uttering, knowing the same to be forged, an order for the payment of money, to wit, a bankers' cheque for the payment of ₤ 22 10s. 6d., with intent to defraud; and breaking and entering the warehouse No. 285, Oxford Street, and stealing therein one costume and other articles, the goods of Alfred Symons, and feloniously receiving the same, pleaded guilty of the forgery. In 1900 prisoner, who was formerly in the Army, was fined ₤ 15 and 10 guineas costs for keeping a brothel.

Sentence, 15 months' hard labour.

GRAY, Robert (57, engineer) pleaded guilty , of obtaining by false pretences from Emma Wylie the sum of ₤ 3; from Robert Ashford the sum of ₤ 1 10s., and from Herbert Wilson Jennings the sum of ₤ 9 15s., in each case with intent to defraud.

Sentence, 18 months' hard labour.

CLARK, Benjamin (29, labourer) pleaded guilty , to feloniously wounding Robert Hall with intent to do him some grievous bodily harm. Prosecutor is a police-constable, and the affair occurred in Ben Jonson Road, Limehouse, on January 26, late at night. Prisoner, who was with his two brothers, was remonstrated with for creating a disturbance, whereupon he closed with the officer and struck him a severe blow in the face. Prisoner was taken away by his two brothers, but on being arrested he pulled out a knife and struck at Hall's breast. The officer put up his hand to defend himself, and one of his fingers was cut to the bone.

Sentence, Three years' penal servitude.

BEFORE JUDGE RENTOUL.

(Thursday, February 10.)

NEWMAN, Harry (21, comedian) pleaded guilty , of stealing one bicycle, the goods of Harold Vernon Smith . In the county of Essex stealing one overcoat, the goods of John Bennett, and one bicycle and one coat, the goods of Edward Langworthy .

Sentence, Six months' hard labour.

STEWART, Albert (46, traveller), and PALMER, Arthur (50, dealer) , stealing a horse, a governess cart, and other articles, the goods of Joseph Taylor.

Stewart pleaded guilty.

Mr. Raven prosecuted; Mr. Purcell defended Palmer.

JOSEPH TAYLOR, jobmaster, Rosemont Road, Hampstead. On January 11 Stewart came to my place of business in the evening. He gave me a certain name. Next morning, in consequence of a telephone message which was received at my stables, I sent a horse and cart to the Great Central Hotel, in charge of one of my coachmen. Its value was from ₤ 70 to ₤ 80. The next time I saw it was after the police recovered it.

Cross-examined. Stewart is the only man I saw.

WILLIAM JESSE TANNER, coachman to last witness. On January 12 I took a horse and governess cart to the Great Central Hotel. The hall porter came out. I next saw Mr. Nichols and Mr. Palmer. Stewart is Nichols. They came out of the hotel and get into the cart. I asked for orders. They said, "Drive to Baker Street." I drove to several other places, and finally got to Broad Street House, E.C., about 25 past one. Palmer got out and went into the building. About five minutes afterwards he came down and asked me to fetch a parcel of printing in the name of Nichols from Holman Brothers on the third floor. I said I could not leave my horse. He said, "I will look after it." I then went up to Holman Brothers; found there was no parcel of printing in the name of Nichols. I came back to the street and found the horse and trap gone. I then went to a policeman at the corner of London Wall. I next saw prisoners in Bishopsgate Street Police Station on the 15th. I identified Stewart straight away. I failed to identify Palmer straight away. But before he was out of the line of identification I recalled my words and said, "That is the man." He was wearing glasses the day I drove him about, but not when I identified him.

cross-examined. I was driving them about for 1½ hours. They both got out twice, then Palmer got out at Broad Street House. They spoke frequently about electioneering. I was not sitting face to face with Palmer in the cart. My eyes were in the direction of the mare. I was face to face with him when he asked me to fetch the parcel. When I went to the police station there were ten men in all in the row. Palmer was clean shaved the day I had him in the cart; hid moustache was waxed and looked much darker. When I saw him at the police station he was growing a bristly beard I did not see a police officer at all in the room where the row of men was Palmer had not left the row when I picked him out. I did not say before the magistrate when the inspector called out Palmer to go back to the dock, "I recognized Palmer as the man." When the depositions were read over to me, possibly with my hard hearing I did not catch the reading.

THOMAS WILCOX, carriage attendant, Great Central Hotel. I remember seeing last witness drive up to the entrance of the hotel on January 12. I said to him, "Do you want Mr. Nichols? " He said yes. Prisoners were in the winter garden. I announced prisoner; he said "All right." Both prisoners came out, got into the trap and drove away. Before the cart came up prisoners walked into the hotel and asked for the buffet bar. I said, "We have no buffet bar, but you can get what refreshment you like in the winter garden." The waiter served them. Stewart said to me, "I am expecting a horse and trap to call here, and the coachman will ask for Mr. Nichols." I next saw prisoners on the 17th at Bishopsgate Police Station. I did not pick out Palmer, but I recognized him at the Guildhall when he was in the dock with the other prisoners. He then had gold-rimmed spectacles. He took them off, and I said, "That is the man." He did not wear them on the following Thursday when I had to go again.

Cross-examined. Detective Stocker came to the hotel with the coachman and left word that I was to appear. I saw him on the 17th with the coachman Tanner. I noticed Tanner was a little deaf. We all three talked for about ten minutes. Next day I went to the police station and saw a row of nine or ten men. I did not see Detective Stocker there. I looked along the row more than once. I.first picked out Stewart; then I think somebody said, "Look along carefully again." That somebody was in uniform. I was quite unable to recognise the second man. Although I twice looked along the row and failed to identify Palmer, I am now quite certain he is the man.

CHARLES BENSON, horse-dealer, 1, Dean Street, Stanford Street. On January 14 both prisoners came to see me at eight o'clock in the evening. Stewart said he had a horse and trap for sale, and that a publican named Simpson had recommended him to come to me. He wanted ₤ 20 for them, and wanted me to go and see them that night. I said I should not buy any horse at night at all. I arranged to meet him next morning at eight o'clock. I could not keep that appointment. They came to my place about nine or 9.30 on Saturday morning. I told them I could not get away as I had another appointment. They came back about 1.30 or two o'clock. All my conversation was with Stewart. We arranged to go and see the trap at Rodney Road. They wrote the address on an envelope. Another dealer went over with me. We got there between 2.30 and three. We went in the yard; the trap was outside and the horse was in the stable. Both prisoners were there. We had no conversation with them. As we were in the yard in walked the detectives, and they locked them up.

Cross-examined. I had no conversation with Palmer at all. I heard no conversation in the yard between Detective Stocker and the prisoners. He walked towards the prisoners and said, "I am going to charge you with stealing this horse and trap." He took them straight away, and we followed to the police station. I did not hear what prisoners said; they were talking. Palmer was clean shaved on the Saturday. He had a moustache.

Detective STOCKER, City Police. I received information on the morning of January 13 that a mare and trap had been stolen from New Broad Street. I went to Rosemont Road and got a description of the men from Mr. Taylor and his coachman. I then proceeded to the Great Central Hotel, where I saw Wilcox, and got from him a description of the men. My inquiries led me to keep observation on some stables in Hemp Road, Walworth, on Saturday morning, the 15th. About 2.30 in the afternoon Palmer and Stewart came down Hemp Road; Stewart went into Simpson's and Palmer to the top of the street, apparently looking for some one. He then came back, joined Stewart, who was followed by Mr. Benson and Mr. Smith. They all went into the yard, examined the trap, Palmer pointing out the various parts of the trap to the dealers. They then had the mare brought out of the stable. The dealers were examining the mare when I went in and said to the four of them, "Which of you

is Nichols? " Neither made any reply. I said to Stewart, "You answer the description of a man named Nichols"; and I said to Palmer, "You also answer the description of the other man who was with him; I hold a warrant for those two men's arrest; I am going to arrest you on the charge of stealing this horse and cart." They made no reply. The other two men told me they were horse-dealers, and I requested them to accompany me to Rodney Road Police Station. I took Stewart; Police-constable Wood took Palmer. The dealers followed, and after they satisfied me that they knew nothing about them being stolen they were allowed to go. Prisoners were detained. I read the warrant to Stewart first. He made no reply. I said to Palmer, "You have heard the warrant read; you are the man named in that warrant; that applies to you." He made no reply. They were then taken to Bishopsgate Police Station, were they were charged. Neither made any reply. The difference in his appearance since then is such that no one would be able to identify him. I believe Bergeant Bareham was present at the identification. The usual proceeding is to get the men there, then bring the prisoners out and ask if they are satisfied with the people there. They take what position they like. The officer in charge of the identification brings the witnesses in one by one, and says, "Look along the row and touch the man you identify." The witnesses are not asked to take a second look.

Police-constable WOOD, 236. I went down to the stable. I saw there the two prisoners and two horse-dealers, and a man named Simpson. Prisoners were apprehended. I took Palmer into custody. He made no statement to me.

Cross-examined. Inspector Wood was in charge of the station. When prisoners were brought in Inspector Wood asked Detective Stocker what prisoners were there for. Detective Stocker told him who he was and that he had a warrant. I was not there all the time. I went round to fetch the mare and cart. The warrant was read at the station. Prisoners made no reply in my hearing.

CHARLES SIMPSON, grocer, 65, Salisbury Row, Walworth. On January 15 Stewart came to my shop. He wanted a stable which a friend of mine had to let in Hemp Boad. I had the privilege of letting the stable. Stewart came again between seven and eight o'clock with a horse and trap. Another man was with him. I am not sure I can recognise that man. I put the horse and trap up that evening. I did not recognise Palmer as the man until the third time.

Cross-examined. Stewart first of all came along, and after I had seen my friend who had the stable to let Stewart drove up with the horse and cart with another man. I cannot recognise that man at all. The horse and cart were put in the stable about midday Thursday. I do not know that anybody came to see the horse and cart that afternoon. I saw Palmer in Stewart's company at 8 p.m. I had the key of the stable then. The cart was not shown to Palmer. I was there the whole time. They remained there half an hour to three-quarters. I understood Stewart was looking for a purchaser.

I did not understand that Palmer was going to introduce somebody. I did not hear Mr. Benson spoken of.

Detective-sergeant FREDERICK BAREHAM. I was in charge of the station when prisoners were brought in and when the identification took place at Bishopsgate Police Station. When Tanner came to identify prisoners were placed with eight others, and Tanner was told to look to see if he could see the men that he knew. He at at once recognised Stewart. Then he stood just in front of Palmer. There was another man on Palmer's right, which would be on the left of Tanner. He looked at the two for something like a minute, and then he touched another man. The inspector-in-charge said, "That will do, " and motioned to the prisoners to come forward and leave the ranks. The moment they stepped forward Tanner said, "I have made a mistake.

(Defence.)

ARTHUR PALMER (prisoner, on oath). I had nothing to do with Stewart when he got this horse and cart from the owner. I was not with him when he drove it away, or when the coachman drove it. I am not the man that Tanner says told him to go up to the office to get a parcel. Tanner and Wilcox are mistaken. I was with Stewart when he went to Mr. Benson. I met him about 5 p.m. on the 13th, and told him I had been ill for three weeks. He said, "I know how you can earn a pound. I know a man who has a horse and cart to sell; if you can introduce a buyer you will get ₤ 1 commission." I said I should be very thankful. I went to Mr. Simpson. He said, "I know a respectable horse-dealer who does a large trade; go to him and mention my name and there is no doubt you will have a deal." I then go to Stewart and tell him, and really I am done with the business then, bar being there when the money is paid over, as I want my ₤ 1 commission.

Cross-examined. The first I heard anything of this trap was on the Saturday, the day I was charged. I had not been in the trap at all. I have known Stewart about six months. He did not tell me where he got the horse and trap from. I did not ask him. It was not supposed to be his property. I did not know Stewart was in very low water then. I knew he was an insurance agent always at business, canvassing. I do not say he was in a good position; he had money to spend. He told me he had the pony and trap off another man, and if I could introduce a buyer I should have ₤ 1 commission. I did not want to know who the other man was. I have been to Simpson's place on several occasions. He is a publican. He is not here.

CHARLES BENSON, recalled. Simpson keeps a public house close to me. He told me afterwards that he knew nothing about these men, only they said they had a lot for sale. I told him, "You have done something for me, recommending nice people like they are." He said, "I did not know anything about them. I knew him as a customer, that is all."

Verdict, Guilty.

ARTHUR PALMER was then indicted for that he is an habitual criminal.

Three previous convictions were duly proved. Mr. Purcell raised the objection that prisoner had not been questioned properly as to whether he could furnish evidence of having made efforts to earn an honest living since his last conviction. It was admitted by Detective Bareham that the request was made to prisoner through a warder, as he was not himself allowed to approach prisoner. Prisoner had given certain information as to alleged casual employment, but the parties to whom he referred did not corroborate his statements.

Judge Rentoul in summing up to the Jury said prisoner had himself gone into the witness-box and sworn that he had made such efforts, and as there was no contradiction of that he thought they might give him the benefit of the doubt.

Verdict, Not guilty of being an habitual criminal.

(For sentences see conclusion of the following case.)

SMITH, Ernest (44, agent), and STEWART, Albert (46, traveller) , both obtaining by false pretences from George Samuel Woolrich ₤ 2 and ₤ 2, from Emma Sexton ₤ 2 11s. 1d., and from Rebecca Layton 10s. and ₤ 1, in each case with intent to defraud; Smith obtaining by false pretences from Thomas Greer Cole 18s., with intent to defraud.

GEORGES. WOOLRICH, grocer, 136, Liverpool Road. I have known prisoner Smith some time in insurance business. I knew Stewart before November 22. On that day they came to my shop. I knew Stewart as Reeves. Reeves said, "What about this cheque? " Smith said, "Perhaps Mr. Woolrich will change it for you." I knew Reeves as Smith's agent and clerk. Smith was my fire, glass, and burglary insurance agent. The cheque was ₤ 4 17s. 6d. It was crossed; that is why I took it. He said he could not get it changed that day, and would I advance him ₤ 2. I did so. Smith went away, leaving Reeves with me. After some little time Reeves said, "If anything should occur don't let Mr. Smith know, as he suffers from fits, and it would seriously upset him." Then I gave him the money, and he went away leaving the cheque with me. On the following day he wanted another ₤ 1, which I gave him in silver. He came again the same evening, and wanted me to settle up the whole amount. I gave him another ₤ 1. I had not enough money to pay the balance. On the 23rd I sent the cheque to the rate collector's office to pay my rates. He would not accept it. On the 24th I paid it into my son's bank, and it was returned, "No account." The matter was then in the Hands of the police. I went up to Smith's place and saw him. He was very much surprised, and appeared to know absolutely nothing at all about it; he had known Reeves 15 years, and never knew anything against him. He wanted me to let him have the cheque back, and I did so on the conditions that he gave me a receipt and a copy of the cheque. The cheque is signed J. G. Bacon. I believed it was a good cheque.

Cross-examined by Smith. The insurance business you did for me has always been carried through. The day you called with Reeves was not about the cheque business but to tell me a claim for burglary insurance had passed through. You wanted the claim form altered, left it with me and went out of the shop. Mr. Reeves stayed. He tendered the cheque in your presence. I did not pay him the money in your presence. You had the cheque back to give to your solicitor. You said Reeves had no solicitor, and you would do your best to get the money back. You did not say the solicitor wanted some costs to go on with the case.

Cross-examined by Stewart. I gave you ₤ 2 one day and ₤ 2 the next. You were not sober the second day. I had no suspicion that you drank before that.

EMMA SEXTON, cashier, Mayfield Laundry, 93, Gillespie Road, Holloway. I did not prisoners before November 24. That day Stewart came to our laundry and said he had come to settle Smith's account, ₤ 1 7s. 5d. He gave me this cheque, signed J. H. Simmons, for ₤ 3 18s. 6d. I deducted the ₤ 1 7s. 5d. and gave him the balance. I paid the cheque into the bank the next morning, and it was returned marked "No account." I have not seen either prisoner since.

To Smith. I have made no application for the money. I have not issued a summons for it. I do not know what the manager has done.

(Friday, February 11.)

THOMAS GREER COLE, builder, 125, Offered Road, Barnsbury. I know Smith as an insurance agent. He came to me on November 23 to pay some money off an account. He gave me this cheque, signed J. G. Bacon, for ₤ 1 18s. I gave him 18s. and put ₤ 1 to his credit. I paid it into the National Provincial Bank, Islington, and it came back marked, "No account." I saw Smith on the following Saturday and asked for the money back. He said he would get the money from the person who gave him the cheque. He did not do so.

To Smith. I applied to you several times for payment of a small account you owed. You gave me the cheque in the office. I thought it was a cheque of one of your customers, as it was made out to you. You did not see my father after November 27; he was laid up for a week, and in the meantime the matter was placed in the hands of the police.

REBECCA LAYTON, the "Dun Cow, " Old Kent Road. I knew prisoners as Lee and Reeves. Smith was Lee. I knew them as customers. Smith came on January 13. He asked me whether I would put this cheque through for him; he did not want any money. One of my chaps was going out then, and I gave him the cheque to take to the bank. Smith came in the same evening and asked for 10s. off the cheque. He came later with Reeves and another man, and asked for a sovereign. He said, "I am short, and I have to give Reeves some money." I gave him the ₤ 1. I saw no more of him.

He did not come for the balance. The cheque came back marked "No account." I sent round to him and wrote, but never got any reply. On the 21st I went to his house. He was not in. He came in an hour or an hour and a half later. I said, "How is it you have not been in for the balance? " He said he knew there bad been some trouble with that cheque and others, and if he came and gave me the 30s. would I let him have the cheque back. He said it was to do with Reeves, and nothing to do with him. While I was talking to him two plain-clothes men came and spoke to Smith and took him away.

To Smith. You had the 10s. and the ₤ 1 the same day you gave me the cheque.

JAMES MARSHALL, cashier, National Bank of India, 17, Bishopsgate Street. These four cheques come from the same book, which was issued on September 17, 1903, to a customer of ours in Scotland. We communicated with him when these cheques began to. come in. There are two cheques signed J. H. Simmons and two J. G. Bacon. They are not customers of ours.

To Smith. There has been one other cheque out of the same book presented for payment. It was signed J. G. Bacon.

Sergeant ALFRED SCHOLES, G Division. I saw both prisoners at Clerkenwell Police Court on January 26, and told them they would be charged with being concerned in obtaining money from Miss Sexton, Mr. Cole, and Mrs. Layton by means of worthless cheques. Smith made no reply. Stewart said, referring to the case of the Mayfield Laundry, "Yes, I got the money for some one else." When the charge was read over to him he said, "Yes, it was paid as an account for Smith."

Sergeant JOHN TANNER, N Division. On January 21 I went with another officer to the "Flying Horse" public-house, Walworth Road. I saw Smith there, called him out, told him we were police officers, and held a warrant for his arrest for being concerned with a man named Reeves in obtaining ₤ 4 by means of a worthless cheque from Mr. Woolrich in November last. He said, "I know Reeves very well. I did not have any of the ₤ 4. I was with him when he asked Mr. Woolrich to change the cheque, and did not know anything was wrong with it until Mr. Woolrich came to me. I asked him to Jet me have the cheque to send to my solicitor, which I did." I took him to the police station, where the warrant was read. He said, "I am not guilty; I never had any of the money." I saw Stewart, whom I knew as Reeves, on the 26th at King's Cross Road Police Station; I read the warrant to him. He said, "The man must be mad."

(Defence.)

ERNEST SMITH (prisoner, not on oath). Mr. Woolrich distinctly says I was 'not there when the money was paid. The cheque is, signed J. G. Bacon, and it is said the writing somewhat resembles mine. I

do not know if your Lordship will allow me to have an expert's opinion on that. (Judge Rentoul: You are allowed to have an expert if you give notice to have him here. Experts' evidence about handwriting is worth what it is worth, which is not very much.) With reference to the Mayfield Laundry, this was at a time I had a laundry myself. I used to sublet my work to the Mayfield Laundry, and they allowed me a discount. At that time I was laid up with fits about six weeks, and could not have been there. This cheque came into my business. Reeves was my manager; he paid my accounts and did my insurance business. I wrote to the Mayfield Laundry as you heard the witness say. I said, "Don't you know they have taken out a summons against me? " She knew nothing about it. The cheque was paid to them in the ordinary way of business. As to Cole's cheque, I owed him money for work done to the shop and premises I occupied, and he had written to me several times, and I took him round the cheque. It was paid to me in the way of insurance business. Layton's cheque was given to me to put through the bank, and when I went to Mrs. Layton I had no intention of asking her for any money. I asked her to put the cheque through her account. She sent the cheque out while I was there. That was Thursday morning before lunch. In the evening I went in and had 10s.; I thought it was Friday. I met several people, and we had drinks and smokes, and then I said to Mrs. Layton, "Would you oblige me with 10s., I have not enough money to stand drinks? " Mrs. Layton went to her till and gave me 10s. I had 30s. altogether. I did not know the cheque was worthless. I could have got the ₤ 4 10s. as easy as 10s.

ALBERT STEWART (prisoner, not on oath). You will understand the awkward position I am in, that of employer and employee. This cheque of Mr. Woolrich's was paid to me. I went to him and asked him if he would change it. I should have gone to the insurance company represented by Mr. Smith, and asked them to change it. In insurance work there is a lot of cheques paid. From the time it came back marked "no account" it was given to Mr. Smith. He put it in His solicitor's hands. Time went on. The Mayfield Laundry was doing his washing, and it came a question of paying his account. The cheque was given to me to pay the account as a matter of business. I obtained the money and paid it out, and put it in Mr. Smith's hands as my employer. As far as the third cheque with this publican, I know nothing at all about it. I was not in the house when the sovereign was given to Smith with which he was supposed to pay me. I have never disputed my signature on the first cheque.

Verdict, Guilty.

Albert Stewart was then indicted for that he is an habitual criminal, and found guilty.

Sentences, Palmer, Three years, penal servitude; Stewart, two terms of Three years' penal servitude (to run concurrently), and Five years' preventive detention; Smith, 18 months' hard labour.

BEFORE MR. JUSTICE COLERIDGE.

(Friday, February 11.)

PERRY, George Henry (27, window-cleaner), was indicted for and charged on coroner's inquisition with the wilful murder of Annie Covell.

Mr. Muir, Mr. Leycester, and Mr. Roome prosecuted; Mr. Curtis Bennett defended at the request of the Court.

EDWARD COVELL, 1, Florence Villas, Ealing. Annie Covell, my daughter was 27 years old; she lived at home with me and my wife. I have known prisoner two years; he was engaged to my daughter. He stayed with us off and on till September, 1909. Annie was invited to a wedding at Hanwell on January 8; prisoner was not also invited, and this upset him. There was a quarrel, and I told him be must leave the house, and I sent his box away; he threatened to bash my brains out.

Cross-examined. Prisoner and Annie were very fond of each other. Mrs. COVELL. On the morning of January 10 I was in the kitchen with Annie when prisoner came down and went into the breakfast room. Annie went to go upstairs; that would take her past the breakfast room; in a few minutes I heard a scream; I went to the room and saw prisoner kneeling on Annie, and her throat was right out; prisoner had a bread knife in his hand, and I saw him give Annie two stabs with it. I had never seen the knife before; it did not belong to us. Prisoner threw the knife under the table and walked away.

Cross-examined. Prisoner appeared to be extraordinarily calm. Except for the incident of the Han well wedding there was no quarrel between him and Annie.

ALBERT ERNEST REECE, a page boy in the house, said that on hearing Mrs. Covell's screams he went into the room and saw prisoner kneeling down with the knife in his hand, and stabbing at the girl; witness fetched the police.

Cross-examined. About seven or eight minutes elapsed before the police came; prisoner was then outside the house, walking in the direction of the police station; he was quite calm.

Police-constable ROBERT DREW, 306 Y. As I was going to the house Reece pointed prisoner out to me; he was walking towards the police station. I caught hold of him and said, "Wait a minute"; he said, "I am going to give myself up for stabbing a young girl at No. 1, Florence Terrace; I went to the house this morning; they started on me; it was no good being sorry for what one has done; I think I have made a job of it." When charged at the station prisoner made no reply.

Cross-examined. He was perfectly calm and collected— extraordinarily calm, considering what had just happened.

Detective-inspector EDWARD BARRETT. On my charging prisoner he made no reply. On the way to the police court he said, "If they had let me go when I wanted to this would not have happened; she was invited to a wedding at Hanwell on Saturday, as bridesmaid, but

they did not invite me; we had a few words over it; when I went into the house at seven o'clock last night nobody spoke to me; I afterwards returned about eleven, and slept in a chair; this morning she was in the breakfast room, and I had the knife in my hand and did it; I suppose I had to do it; I could not stop myself." When the magistrate asked prisoner if he had any questions to ask of the witnesses he replied, "I did it, and I am satisfied."

Cross-examined. Prisoner is 27 years old. He entered the Army in 1900, served 250 days at Aden and over four years in India. He left the Army in November, 1907, with "very good" discharges. Since then, when in employment, he has Some an excellent character. His parents are very respectable people. When he made his statement to me he did not appear to be in a passion; his only grievance apparently was about the Han well wedding; he was exceptionally calm and composed.

THOMAS MILLER, manager of a stores at Ealing, said that on January 8 he sold to someone a bread knife and platter similar to those produced.

CHARLES WHEELER said that on January 9 he was picking up waste paper on Haven Green when he found the platter (produced).

GEORGE HERBERT BENNETT, Divisional Surgeon. On January 10, at 9 a.m., I was called to 1, Florence Terrace and there saw the body of a young woman; there was an exposed gaping wound on the left side of the neck; the large blood vessels of the neck were divided and the windpipe open. The wound may have been caused by the knife (produced). There were also three or four stabbing wounds on the side and back of the body.

Cross-examined. I have had considerable experience in cases of insanity. "Taylor's Medical Jurisprudence" is a work of very high authority.

Counsel put to the witness the following extracts from this work, under the heading "Impulsive Insanity": "The test of whether there has been momentary insanity is whether there is any recollection afterwards of what has occurred. In cases of impulsive insanity there may or may not be evidence of actual intellectual aberration; but the main feature of the disorder is the existence of a destructive impulse which, like a delusion, cannot be controlled by the patient. This impulse, thus dominating over all other feelings, leads a person to destroy those to whom he is most fondly attached, or anyone who may be involved in his delusion. Sometimes the impulse is long-felt, but concealed. There may be merely signs of depression and melancholia; there may be nothing to lead anybody to a suspicion of what is going on within the mind.... Occasionally the act of murder is perpetrated with great deliberation, and apparently with all the marks of sanity.... Of the existence of insanity in the common or legal acceptance of the term, before and after the perpetration of the crime, there may be either no evidence whatever, or it may be so slight as not to amount to proof.... A sudden restoration to reason is not infrequent in such cases of homicidal mania. An act of violence is committed, and the patient appears as if relieved from some

oppressive feeling." Witness expressed general agreement with this authority.

To Mr. Justice Coleridge: A perfectly sane man may go momentarily mad and become sane again the moment afterwards. In cases of temporary mania symptoms may have been overlooked on account of their apparent triviality, which after a crime would be regarded as evidence of mental aberration.

Re-examined. (Q). If you had no evidence before you at all except that the accused had done an act of great violence, what opinion would you form as to whether he was sane or not? — If I had no evidence of any kind I should say he was sane. I should not call an impulse ''sudden" if it extended over hours: certainly not if it extended from Saturday to Monday.

Prisoner's statement before the magistrate: "I am sorry to say I have done it; I do not think it is much use me saying anything."

Verdict, Guilty.

Sentence, Death.

BEVINGTON, Henry (48, no occupation) , forging and uttering, knowing the same to be forged, an endorsement on an order for the payment of ₤ 5.

Mr. Muir and Mr. Bray prosecuted; Mr. Curtis Bennett and Mr. Roome defended.

LUCAS EUSTACHIO RALLI, 2, Park Street, W. I was at Trinity College, Cambridge, in 1864-67; there was with me at Trinity a Mr. Paxton; he is now in Court. In 1904 I received two letters written in the name of Paxton, asking for monetary help, and I sent cheques. In November last I received another letter, in response to which I sent the cheque for ₤ 5 (produced) with a letter on my headed paper, addressed to Paxton, 32, Bessborough Gardens. The cheque was passed through my account at the Bank of England, Western Branch.

Cross-examined. There may have been more than one Paxton at Trinity.

ROBERT CHARLES PAXTON. I was with Mr. Ralli at Trinity in 1864-67. I have had no correspondence with him since; I have never asked for or received cheques from him. The endorsement on the cheque (produced) is not in my writing; I know absolutely nothing about the cheque.

Cross-examined. The cheque is endorsed "Robert G. Paxton." I,. cannot say whether there was another Paxton at Trinity.

Mrs. THOMPSON. I keep a boarding house at 32, Bessborough Gardens. I have known prisoner since childhood; in the latter part of last year he called occasionally at my house. I was short of money and asked him for a little financial help; he replied that if I would not mind taking in a letter addressed in the name of Paxton he thought he would be able to help me. I agreed; and a day or two afterwards I took in a letter addressed Paxton; this I gave to prisoner,, and he put it in his pocket. Two days later he gave me the cheque (produced), and asked me to get it cashed by some tradesman. I took it

to a Mr. Lennard with the card and envelope (produced); he changed the cheque; I kept the money myself.

Cross-examined. I am an old friend of the prisoner. Early in last year, when I was living at Kennington Oval, prisoner called with a friend whom he introduced to me as Mr. Paxton; it was not the gentleman who gave evidence to-day. When the letter came addressed to Mr. Paxton I handed it, unopened, to prisoner; he did not open it, but put it in his pocket. After he gave me the cheque I kept it in my purse in my room for several days before cashing it.

ALFRED LENNARD, grocer, Ponsonby Place, identified the cheque as having been passed through his bank.

Detective-sergeant HUGH HUNT, C Division. On December 23, at Marlborough Street Police Station, I handed over some cash to prisoner, and he signed in my presence with his left hand the receipt (produced).

WILLIAM HENRY PARKER, assistant warder, Brixton Prison. On December 28 prisoner asked for permission to write a letter. I handed him a sheet of notepaper, writing on it his prison number; I did not see him write his letter, but he was alone in his cell until he handed me the letter and envelope (produced). The envelope is addressed to Mr. Taylor, 32, Bessborough Gardens.

SAMUEL HOLDSWORTH, 31, Ladywell Park, Lewisham. I am a stepson of prisoner. I have seen him write. My mother owns certain houses; the receipts in rent books relating to these houses are either in my writing or prisoner's; my mother cannot write. The writing on the two rent-book covers (produced) is not mine; to the best of my belief it is the prisoner's, but I cannot swear it.

Cross-examined. Some time ago prisoner met with an accident to his right arm, and he now writes with both hands.

WALTER DE GREY BIRCH, LL.D., F.S.A., formerly senior assistant in the Manuscript Department of the British Museum, was called as an expert in handwriting. Comparing the endorsement on the cheque, the prison letter and envelope, and the parties on the rentbook covers, he expressed the opinion that they were in the same hand writing.

(Defence.)

HENRY BEVINGTON (prisoner, on oath). I have never known the witness, Robert Charles Paxton. For twelve months I have known a Robert George Paxton. I met him casually in a billiard saloon at the "Hanover Arms, " Peckham; in May last I introduced him to Mrs. Thompson. Paxton gave me to understand that he was a public school boy, and a member of the Oxford and Cambridge Club, from which he had been expelled. In November he told me he would like an address at which to receive letters, as he was in a bad condition financially, and there were some of his late colleagues at college who could and would assist him. I suggested Mrs. Thompson's address at Bessborough Gardens. The account Mrs. Thompson gave to-day is substantially correct. When she gave me the letter addressed

to Mr. Paxton I kept it in my pocket till the following day. I gave it to Paxton; he opened it in front of me; it contained a cheque. I suggested to him that the person who had taken the letter in was in financial difficulties; and could I make use of the cheque, to which he agreed. He endorsed the cheque in my presence, using a very old and rusty stylographic pen. I never knew Paxton's address.

Cross-examined. I heard my solicitor, at the police court, crossexamining Mrs. Thompson as follows: "(Q.) When that letter arrived and Bevington called you handed it to him? (A.) Yes. (Q.) I put it to you that he took the cheque from the letter and handed you the cheque the same day." My solicitor was wrong; I did not correct him at the time; I must have misinformed him. I do not know Paxton's address; he has written to me several times; I have not kept any of his letters; I have no idea where to find him. The writing on the rent-book covers is not mine; I cannot say whose it is.

Verdict, Guilty.

(Saturday, February 12.)

BEVINGTON, Henry; WELLINGS, Charles (45, agent); MILLINGTON, Herbert (26, jobmaster); and CLARKE. Charles (24, steward) , were now indicted for forging and uttering, knowing the same to be forged, an order for the payment of ₤ 1, 500, with intent to defraud.

Mr. Curtis Bennett and Mr. Roome defended Bevington; Mr. Galvert defended Wellings; Mr. George Elliott, K.C., and Mr. Basil Watson defended Millington; Mr. Huntly Jenkins appeared for Clarke (who pleaded guilty).

LUCUS EUSTACHIO RALLI repeated his evidence given yesterday, and added that the cheque for ₤ 1, 500 (produced) was not drawn or endorsed by him.

Cross-examined by Mr. Bennett Calvert. I never saw Wellings until I saw him at Maryborough Street. In 1904 when the letters were sent to me I had not seen him at all.

ROBERT CHARLES PAXTON repeated his evidence given yesterday.

ADELAINE MARY THOMPSON. I have known Bevington a great many years. In November and December last he called several times. He asked if a letter came in the name of Paxton would I take it in. He said he would be able to help me with some money if I did. A letter did come in the name of Paxton, and I gave it to him. He did not open it in my presence. After that he asked me to get a cheque cashed for him. (Exhibit 1, cheque for ₤ 5.) The endorsement "Robert G. Paxton, " was not put upon that cheque in my presence. I cashed the cheque through a tradesman, Mr. Leonard, and took the proceeds to Bevington, and asked for the use of it, as I had to send some money away. He said I could have it, and I paid away ₤ 4 5s., and some to Mr. Leonard. I do not think I gave any part of the money to Bevington. About six or seven weeks before December 15 Millington called with another gentleman, whom I after

wards found was Clarke, and asked if I had an apartment to let; and a week later Millington came to live at my house, occupying a room at 12s. 6d. a week. While there he was visited several times by Clarke and Wellings. Millington brought Clarke home with him on December 13, and Clarke occupied his room with him. I do not remember seeing Millington next morning. At about two o'clock, on the 14th, Wellings, Clarke, and Millington returned to the house. Millington called to me from the sitting-room to bring him some blotting-paper. When I took the blotting-paper into the room there was a newspaper on the table, and hanging from the table what looked like the cover of a cheque-book. They remained in the room about threequarter of an hour, and then left the house. About five o'clock Bevington called and had some tea. Soon afterwards Wellings, Millington, and Clarke came in at the front door overhead. I went up and asked if they would like some tea. They were all three intoxicated; they had two bottles of champagne with them, and asked me for some glasses. When I took the glasses up I saw a very large quantity of gold on the table. Clarke was putting it into a bank canvas bag. They opened the wine and gave me a small glass, which I took downstairs with me, and also a paper bag which Clarke gave me, he said for a Christmas present; he was very intoxicated. I counted it out downstairs and it had ₤ 100 in gold in it. I gave nearly ₤ 60 back to Mr. Fowler, the ₤ 40 I paid away. When I went downstairs with the bag of gold Bevington was still there and another gentleman, Mr. Taylor. I told them the three gentlemen upstairs were very intoxicated, and would they kindly go up and see that they did not create any disturbance, and would they see them out of the house for me. After a lot of trouble the five of them left the house. Before finally going Wellings put a little packet into my hand, which I placed in my jersey, and forgot all about it, because I was so much upset at the to-do they were making, and it must have fallen out. I never knew what it was. Mr. Fowler told me afterwards that it had been found. After the five men left the house I turned the lights off in my sitting-room and went downstairs and prepared supper. Taylor and Bevington came back later and had supper. After supper I said I felt rather upset, and that I should like a breath of fresh air; Bevington said that as he was going home I might go a little way with him, and Taylor said he would come out with us and return with me; so we went out and walked across Vauxhall Bridge, and at Kennington Church we took a taxi and drove to Lewisham. The gentlemen visited one or two public-houses on the way. I went in, and the taxidriver also. We left Bevington at the corner of his own road in Catford, and Taylor and I drove back. Taylor, who is not in the habit of taking drink, was overcome by it, and he slept all the way home. I paid the taxi driver and Taylor returned the money to me afterwards out of a sovereign given him by Wellings to pay for his and Bevington's return taxi. I think Bevington called at my house on the evening of the 15th, and brought a paper, and said that one of the three had been arrested, and spoke of the bank robbery to us; he said it was in the papers. I think he said Millington had been

arrested. Saturday was the next time I saw him. I was very ill in bed: and he only stayed a few minutes, and said he would call again on the Monday. In leaving my house, I believe, he was arrested.

Cross-examined by Mr. Bennett Calvert. I do not remember now when Wellings first came to my house. I cannot remember whether he called on Millington before I got the Paxton letter. With regard to the cheque, I spoke to Mr. Fowler yesterday about a circumstance that came into my mind. Directly I had the cheque I took it to a tradesman to change for me, I think on a Friday or a Saturday. On the following Monday I was wanting to send ₤ 5 away to my landlord at Brighton, and as I was going to the post office, a few doors from the tradesman's shop, to get five ₤ 1 postal orders, I called at the shop and said to the wife of the trade man that I had to send ₤ 5 away, and if I had the ₤ 5 cheque back I could send it instead of getting the postal orders, and it would save me the poundage. I cannot tell you the name because they were new people, but it was Williams's old shop; it had changed hands. She said it was not banked, and I got the cheque back, as that would be better than buying five postal orders. On the following Saturday I took it to Mr. Leonard. The cheque was in an unlocked dresser drawer in the general living-room from the Monday to the Saturday. I did not miss it; but my lodgers would have access to that drawer. About two o'clock on the 14th when I went upstairs Wellings was there with the others. He was sitting on the chair very intoxicated; his head was forward, and he looked drooping.

Cross-examined by Mr. Roome. I have known Bevington for a great many years; there was nothing unusual in his coming to the house, he was a friend of the family and his father and my father knew each other. He never came to the house to see Millington, Wellings, or Clarke, and never asked about them; they were quite strangers to him— all of them. The Paxton cheque was in the draw in the breakfast-room from the Monday till the Saturday, and there was nothing to prevent Wellings, or Millington, or Clarke having access to it. I am not certain whether I gave Bevington any of the proceeds of the cheque; I may have given him a few shillings. It was a loan to me, and when I got the ₤ 100 I repaid Bevington his ₤ 5. When the three men came in on the 14th, Bevington was downstairs having tea with some other gentlemen and myself. The only reason he and Taylor went upstairs was to quiet the men and use persuasion to get them out of the house, because I did not want a row. Bevington and Taylor got them away from the house and returned afterwards, about nine o'clock, and had supper with me. They were both perfectly sober.

Re-examined by Mr. Muir. I cannot tell you when I first mentioned about the ₤ 5 cheque being with another tradesman. Last Saturday week Mrs. Wellings called at my house and asked if I could let her have a little money because she had no food for herself and her little girl. It was rather late, and I asked one of the gentlemen if he could oblige me with part of his money so that I could give it to her. It is not since that visit that I remembered about the cheque; it had nothing to do with that visit. I have only seen Miss

Finden, whom I thought was Mrs. Clarke, when she called once at my front door and asked if Clarke, was there. I think the trademan Williams, had the cheque for three days. It was then in my possession for a week before it was cashed by Leonard. That is the truth about the cheque; not my story about it. The cheque is dated December 1. It has December 7 stamped on it, the date on which it was honoured at the bank. Leonard said he got it from me on Saturday, the 4th, but I believe it was the next Saturday. I think Leonard has made a mistake. I have not seen the date on the cheque before, and I thought it had been given to Leonard the week after it was sashed. I did say at the police court that the men were intoxicated at two o'clock. I made a special note of it afterwards. I made that note before Mrs. Wellings called on me. I mentioned it at the Marl borough Street Police Court the second time I was there. I thought I had omitted it on the first occasion. I said it when they were reading my evidence over to me; I corrected them in reading it. I cannot account for the fact that there is no note of it at the end of my deposition. They were all three intoxicated, although not as intoxicated as they were at night. I cannot say that Wellings was able to do the writing for the others. I do not know that he has said he did. I have never had letter paper in my possession with Mr. Ralli's heading on it. I may have have said before that I repaid Bevington the ₤ 5. I have not been asked any question about it.

To Mr. Bennett Calvert. When Mrs. Wellings called she did not suggest that I should say that Wellings was drunk at two o'clock or that I should say the cheque had been taken to Williams; it was not thought of She simply called to borrow some money from me to buy food with.

ALFRED LEONARD. The ₤ 5 cheque was given to me by Mrs. Thompson on December 4, and I passed it throught the bank on December 6. I gave her the proceeds in cash.

(Monday, February 14.)

WILLIAM HENRY PARKER, SAMUEL HOLDSWORTH, and WALTER DE GREYNIRCH repeated the evidence given by them in the trial of Bevington on the 11th inst.

FRENK JEPPS, a District Messenger boy. On December 14, at ten to one I was engaged by Clarke, who handed me the letter in the envelope (produced). This I took to the Western Branch of the Bank of England, in Burlington Gardens; I was given an enclosed packet, which I took back to Clarke at the Marble Arch Tube Station. I subsequently picked out Clarke from a number of men.

GEORGEJ. S. JOHNSTON, cashier at the Bank of England, Western Branch, said that he handed to Jepps the cheque-book (produced).

ARTHUR NUME NICHOLL, another cashier at the same bank, said that on December 14 he cashed the cheque for ₤ 1, 500, giving the man who tendered it sixteen₤ 50 notes, six ₤ 100 notes, and ₤ 100 in gold.

A number of witnesses were called to show how the ₤ 1, 400 in notes (traced by their numbers) were dealt with. Within 20 minutes from their being obtained by Clarke, he himself at the head office of

the Bank of England changed into English gold notes of the value of ₤ 400. Millington and Wellings went to Thomas Cook and Son, at Ludgate Circus, and changed notes for ₤ 700 into German and French gold; this they took to Cook and Son's office in Cockspur Street, and changed into English gold. Other notes were changed at various restaurants, jewellers, tailors, etc. About midnight on the 14th Bevington, Mrs. Thompson, and a Mr. Taylor were driven by a taxicab-driver to Catford, where Bevington lived; Bevington was left there; Mrs. Thompson and Taylor were driven back to Bessborough Gardens. When he got to his garage the driver found in his cab the cheque-book from which the forged cheque had been taken. On December 15, outside the Savoy Hotel, Wellings handed two ₤ 50 notes to a taxicab-driver to get cashed; the driver went for that purpose to the Law hurts branch of the Bank of England; there the two notes were identified as part of the proceeds of the forged cheque; the driver went back to Wellings, who was waiting outside the Savoy, and he was arrested.

Detective-inspector ALBERT HINE, City Police. On December 15 Wellings was pointed out to me in the Strand by the cabdriver who had sought to change two notes at the Law Courts branch of the Bank of England. I went to Wellings and said, "We are police officers and are making inquiries regarding some bank notes which have been obtained by means of a forged cheque; two of those notes have been presented at the Law Courts branch this afternoon by the chauffeur, who says he received them from you." On the way to Vine Street Police Station I asked Wellings from whom he received the notes. He said, "I received the two notes about 3.30 p.m. in Romano's, from a man I know by the name of John Stuart Robinson, who said, 'Charlie, have you any money? '; I said, 'Yes '; he said, 'How about changing these two notes for me and how about a trip to Monte Carlo; I will pay all expenses? '; I took the notes to get them changed, and the man said to me, 'Give me the money at four o'clock.'" I said, "Did he give you any more notes? " he said, "No, " He appeared to have been drinking heavily.

Detective-inspector HENRY FOWLER, C Division. On December 15 I saw Wellings at Vine Street Station; he was drunk. When he saw me, before I had spoken to him, he said, "Hallo, Mr. Fowler, you have got me well beat; you know what a rough time I have had since I saw you last; I have been practically starving, or I would not have done it." I told him the charge; he said, "They brought it (the forged cheque) to me yesterday afternoon and asked me to write it; I was starving and had not a penny; they tempted me, and I did the writing for them; I had about ₤ 375 for my share; there was three of us in it; I have been on the drink ever since, and was off to Monte Carlo to-night." On searching him we found a quantity of French coins and ₤ 45 in Bank of England notes. I saw Millington at vine Street Station; on him we found a number of notes (identified as part of the proceeds of the cheque) and three pawntickets. Next say I arrested Clarke; he had on him ₤ 7 in English gold and 20 francs French gold. On December 18 I arrested Bevington. When

I told him the charge he said, "I do not know what you mean; it is all new to me"; he repeated this when formally charged.

To Mr. Calvert. Wellings was very much intoxicated. I am sure he did not say ''They asked me to write it, and it was very tempting, but I did not do it."

To Mr. Curtis Bennett. Bevington from first to last denied the charge. At the time he was arrested it was public knowledge that the other three were in custody.

Verdict (Bevington and Wellings), Guilty .

Wellings and Clarke confessed to previous convictions.

Wellings was stated to be an expert forger. He had on several occasions given valuable information to the police; it was through him that Millington was arrested and ₤ 450 of the money recovered. He has still a remnant of 20 months, penal servitude to serve. There is no previous conviction against Millington, but he has lately got into very bad company. Clarke has one previous conviction recorded, and is an associate of thieves and prostitutes and worse characters. Bevington. has been fined ₤ 10 for unlawfully incurring a debt, and has been cautioned by the police as to other transactions.

Sentences: Wellings, Five years, penal servitude; Clarke, Three years, penal servitude; Bevington, Three years, penal servitude on each indictment, to run concurrently; Millington, 18 months' hard labour.

BEFORE THE RECORDER.

(Friday, February 11.)

O'CONNOR, Daniel (24, labourer) , stealing one gladstone bag, one gold necklet and other articles, the goods of Emily Lilly.

Mr. Horace Samuel prosecuted.

EMILY LILLY, 25, Bromley Road, Kent, schoolmistress. On January 8, 1910, at about 8, 20 p.m., I arrived in a cab at St. Paul's Station with luggage, including a black square leather gladstone bag, the corners of which were worn brown. The prisoner, who was selling papers, placed his papers on the window sill and offered to take charge of my bag. I allowed him to do so, and followed him into the booking; hall, where I asked him to take the bag to the top of the stairs, giving him 2d. for his trouble; I then bought my ticket and went up the stairs, when the prisoner and the bag had disappeared. He must have passed the bookstall and gone through a subway which leads into the District Railway, Blackfriars Station. The bag contained wearing apparel, value ₤ 5. I spoke to a policeman, went to the Bridewell. Police Station, and gave a description of the prisoner. On January 18 at Bridewell Police Station I picked prisoner out from a row of eight men. I am sure he is the man.

RICHARD WILSON, 8, Rodney Street, Borough, newspaper seller. On January 8, at about 8.25 p.m., I was at Blackfriars Station of the

District Railway when I saw the prisoner, whom I had known for eight days selling newspapers, come out of the District station with a black bag having brown corners on his shoulder. There is a subway connection between the St. Paul's and the Blackfriars District Stations. The prisoner turned off and went across Blackfriars Bridge. On January 18 I saw prisoner amongst eight men at Bridewell Police Station, and immediately picked him out. I am certain he is the man.

CHARLES POWNEY, outside porter, St. Paul's Station. At 8.37 p.m. I was on the platform attending on the train leaving for Flushing. On that day I had seen the prisoner selling papers outside the station, and took particular notice of him because he was a new face, and I knew all the men who were in the habit of selling papers there. I heard that the prosecutrix's bag had been stolen, and ran to find the prisoner, who had disappeared. Some days afterwards I saw prisoner at the Mansion House Police Court and at once recognised him. He is the man.

Detective FREDERICK HUNT, City Police. On January 18, at 12.30 p.m., I found prisoner detained at the Kennington Lane Police Station, and told him I was a police officer, and should arrest him for stealing a gladstone bag from Miss Lilly on Saturday, January 8, at 8.20 p.m. He said, "I know nothing about it." He was taken to Bridewell Police Station and identified by the two witnesses who have given evidence.

Prisoner's statement before the.magistrate: "I was at South Lambeth Road on the 8th selling ' Liberal Opinion.' I was there from 7.30 to 10.15."

(Defence.)

DANIEL O'CONNOR (prisoner, not on oath). At the time the lady lost her bag I was at South Lambeth Road selling a paper called "Liberal Opinion." I was at a Liberal meeting there from 7.30 till 9.45 p.m. There were two men there whom I was going to call as witnesses. The reason I cannot call them is that on January 12 I was standing outside the station when two newsvendors said, "Detective Harris wants you." I said, "Wants me— what for? " They said, "For stealing a bag at St. Paul's Station last Saturday night at eight o'clock." I was talking to a man at the time; so I told the man where I was. He says, "Well, why don't you go to Bridewell and clear yourself"; so I said, "I will in the morning." So I went round to the "Liberal Opinion" offices in Fleet Street and found two men who were with me selling the same paper, and arranged with them to come the next morning to Bridewell Police Station, which we did. I asked the officer in charge if I could see Detective-sergeant Harris. He said, "What do you want him for? " I said, "I hear he wants me for stealing a bag at St. Paul's Station, which I know nothing about." He took me to the jailor's room and told the jailor, who said, " He does not want you. If he did he would have had you before now, " and the officer said, "You need not trouble, he does not want you." I came out and said to the two witnesses, "You need

not trouble." That is the reason I have not the two witnesses here. I never took their addresses; I thought everything was alright after going to the station. I have not had a chance to find them while I have been shut up in prison. The witness who said he saw me carrying the bag said at the Mansion House he had known me for years— I had not done an honest day's work; he now says he has only known me eight days selling papers. I have not any witnesses here because I thought it was all right.

Detective HUNT, recalled. I found prisoner detained at Kennington Lane Police Station. I have heard that a man called at Bridewell to see Detective Harris; I do not know If it was the prisoner. Verdict, Guilty.

Prisoner confessed to having been convicted at Newington on December 16, 1908, when he was sentenced to 15 months, hard labour for shopbreaking and stealing clothing. Convictions proved: April 6, 1904, Marlborough Street, two months, hard labour for stealing cigars; in 1903, 21 days at Highgate for stealing a concertina; three summary convictions for begging. Stated to be an associate of known thieves in Lambeth.

Sentence, 20 months' hard labour.

MITCHELL, Cecilia Annie (38, laundress) , stealing a silk blouse, the goods of Mary Wright.

Mr. Lyne prosecuted.

Detective FREDERICK PIERCEY, City Police. On January 11, acting on information received, I, in company with Detective Hunt, went to the 3.45 p.m. service at St. Paul's Cathedral, where we watched the prisoner and her daughter, a young girl about 12½ years of age, for about 20 minutes, sitting behind two ladies, when they got up and moved to another position behind two other ladies. At ten minutes to five, whilst the prayers were being read, the congregation kneeling, I saw the young girl put her hand under the chair in front of her and withdraw this bag (produced) containing a blouse, value 15s. She showed it to the prisoner who nodded, and the girl then left the Cathedral by the west door with the bag in her hand, and took it into a passage on the north side of St. Paul's Churchyard, where I saw her examine it, and place it under her jacket. I spoke to the child and took her to Bridewell Station, where she was confronted with the prisoner. I said to the prisoner, "You will be charged with this girl with stealing a blouse." She refused her name and address or to give any account of herself. Next morning they were taken before Alderman Truscott at the Mansion House, where prisoner still refused to give any account of herself, and told her child to do the same; they were remanded to January 18, when the charge of larceny was withdrawn against the child, who was discharged, but afterwards charged with wandering, not being under proper control, and sent to an industrial school till 16 years of age. When the order was made for the child to go to the industrial school prisoner made a statement, which I did not hear, disclosing who she was.

Cross-examined by prisoner. I was sitting three yards away from you in the same row.

Detective FREDERICK HUNT. I was with Detective Piercey. I watched prisoner and her little girl in St. Paul's Cathedral from about 3.45 to 4.45 sitting behind two ladies. After about 15 minutes they moved to behind two other ladies. I was about three chairs directly behind prisoner. Detective Piercey was sitting on a chair on the right in a line with her. Just as the last prayer was being said, while these two young ladies were on their knees with their hands before their faces, the child stooped down, and with her right hand withdrew this packet from between the chairs. The child nudged the prisoner, who was pretending to pray, and who then nodded towards the exit, and said something and the child immediately got up and made for the west door to go out. Detective Piercey spoke to me and followed the child out. I watched the prisoner, who still kept on her knees. When the two ladies, the Misses Wright, got up I saw them looking about on the backs of the chairs. The prisoner then got up off her knees, and I went out and gave the signal for Piercey to arrest the girl. I met the prisoner coming out of the Cathedral, and told her I was a police officer, and should arrest her for stealing a parcel which the child had got. She said, "What, she steal a parcel; she might have picked one up." We then went to the station, where they refused to give any account of themselves. Subsequently it was found the child was the daughter of the prisoner, and was dealt with by the prisoner on the remand, the prisoner being sent for trial.

To prisoner. I did not come and ask you if you had a little girl belonging to you, nor ask two ladies other than the Miss Wrights whether they had lost anything.

MAY WRIGHT, The Lindens, Linton Road, New Maldon. On January 11 I was with my sister at the afternoon service at St. Paul's Cathedral. Parcel produced is mine, and contains a blouse, which I had brought that day for 15s. 11d. I placed the parcel between the two chairs; we heard whispering behind us; after the service I missed my parcel, and the police officer spoke to me.

(Defence.)

CECILIA ANNIE MITCHELL (prisoner, not on oath). On the day in question we went to St. Paul's Cathedral. We were sitting on two chairs, and the child asked me if she could move up further as she could not hear very well. We did move up, and then the child wanted to go out. I stayed during the prayers. I never heard the child go out, and did not know until the police officer came and asked me if I had a little girl belonging to me. I said "Yes, " and he said, "Would you come this way." I went with him across the road. Then he brought me back to the Cathedral and asked two ladies if they had lost anything. They said "No." Then he went to this other lady. We all went together to the station; the child was crying. I said to the child, "Did you take a parcel? " and asked her, "What made you take the parcel? I did not tell you to take any parcel." The officer

who was there said, "Is that all you have to say? You Rave trained the child well; she is a well-trained thief. You have been there before and you have stolen other things; we know you well. We have got your photograph in the Strand." The man had no business to say it, so I said, "That is quite sufficient, if you know me, " and I told the child not to give her name and address. Next day I told the magistrate who I am. I have been convicted for stealing some boots in 1905; that does not make the child a thief. I wish to call the child. The child was brought into the witness-box, but refused to take the oath. The prisoner said if she did not want to she need not. Verdict, Guilty.

Prisoner confessed to having been convicted on January 2, 1906, at St. Albans Quarter Sessions, in the name of Annie Mitchell, and receiving one month's hard labour for stealing two pairs of boots. She was stated to have been living at Barnet at the time with two children, of which this little child was one. The children were then handed over to some friends. This child is said to be her illegitimate child. The prisoner has led a very immoral life in her early days. No record of her marriage has been found. She is known to Father O'Connor, of Barnet, who has assisted her with the child, who has now been sent to Isleworth Industrial School.

Sentence, 18 months' hard labour.

COOMBES, Emily Roberta, and COOMBES, Valentine Lacey (38, no occupation) ; E. R. Coombes in incurring debts and liabilities of ₤ 60 4s. 6d. to Frank Ernest Gibbs; ₤ 134 15s. 8d. to Edward William Carrette; ₤ 54 17s. 6d. to William Wright Cooke and ₤ 33 13s. to Frederick Charles Barry and others respectively, did obtain credit in each case by false pretences and by means of fraud other than false pretences; V. L. Coombes aiding and abetting and procuring the said E. R. Coombes to commit the said misdemeanours, and on September 21, 1909, unlawfully forging and uttering, knowing the same to be forged, a certain telegram, and on October 6 and 25, and November 11 and 12, 1909, respectively, other telegrams, in each case with intent to defraud.

Mr. Bodkin prosecuted.

Prisoners pleaded guilty to the first indictment; not guilty to the forgery; the first plea was accepted by the prosecution.

V. L. Coombes was proved to have been convicted on four occasions at this court for similar frauds on stockbrokers: October 21, 1901, bound over; November 17, 1902, six months, imprisonment; June 11, 1904, 12 months, hard labour; January 7, 1908, six months, imprisonment. Prisoner is an undischarged bankrupt.

E. R. Coombes (wife of V. L. Coombes) was stated to have acted, under great pressure from her husband, and was recommended to mercy by the prosecutors.

Sentence (V. L. Coombes), 12 months, hard labour on the first count, and six months, hard labour on the second count. E. R. Coombes was released on her own recognisances in ₤ 100 to come up for judgment if called upon.

SMITH, William (34, Sadler), and WICKS, James (25, shoemaker), both being found by night having in their possession, without lawful excuse, a certain implement of housebreaking, to wit, one jemmy.

Mr. W. Metcalfe prosecuted.

Police-constable BERTIE GRAINGER, 134 E. On January 23, 1910, at 1 a.m., I was on duty in Upper Saffron Hill when I saw the prisoners loitering about in a very suspicious manner, and kept them under observation. They climbed over the gate of an enclosure of St. Peter's Church. By climbing over another door they could reach the back of a rubber factory. I climbed over the gate, found the two prisoners there, and seized Wicks. He took jemmy produced from under his coat, and threw it over the double doors leading to the factory. Smith said, "It is only a bottle he had got in his pocket." Wicks said, "All right, governor, I only came over here to do a crap." I communicated with Langton, 128 E, who took Smith to the station. I took Wicks, who became very violent. I flashed my light; two other constables came to my assistance, and the prisoners were taken to Gray's Inn Road Police Station. I then returned, and found the jemmy just within the doors of the rubber factory.

Cross-examined. Prisoners were together. Smith did not come to the gate and speak to me. Wicks threw the jemmy just before I seized him. I did not ask him what he was doing; there was no occasion to when I saw him throw the jemmy. I found no other article but the jemmy in the gateway afterwards.

Police-constable CHARLES LANGTON, 128 E. On January 23, at 1.20 a.m., Police-constable Grainger signalled to me. and I went to assist him. I stood outside the gate and saw the prisoners standing in the shadow. Wicks took jemmy (produced) from under his coat and threw it over the double doors at the back of the enclosure. It appeared to be a stick of some kind, but when it fell I could hear the ring of steel. Smith climbed back into the street and said, '"He" (Wicks) "came over to do a crap." Smith went quietly to the station.

Cross-examined. I returned with Grainger, who had a lantern, and who got over and found the jemmy on the other side of the double doors. He searched in the enclosure with his lantern, and he found indications that some one had been there for a natural purpose.

WILLIAM SMITH (prisoner, not on oath). I was walking with Wicks, when he said he wanted to go over the gateway and asked me to come over with him. The constables came over and took us into custody. These constables did not fetch the jemmy into the station. One of. them asked me if I knew anything about the jemmy. I said, "No I never saw it until he fetched it into the station. The Inspector fetched it in."

WILLIAM WICKS (prisoner, not on oath). The evidence given by the constables as regards that piece of iron is wrong. The thing I threw over the gateway was a bottle. I have no need to come out thieving. I earn a living selling fruit and flowers in the City. Is it likely when I saw the constables come over that I should pull a thing out like that and throw it away? The first time I saw it was in the police station, and then it was thick with rust. It is black with rust now. It has

never been in my possession. I simply got over the gateway for a natural purpose, and one of the constables said he saw the indications of it. I am innocent.

Verdict, Guilty.

Smith confessed to having been convicted on August 11, 1903, at Clerkenwell, receiving 3½ years, penal servitude and two years' police supervision for stealing a watch. Other convictions proved: September 20, 1892, nine months, for assault on police in the name of William Bannister; October 2, 1893, North London, nine months' for stealing a watch; August 1, 1894, Clerkenwell, six months, for stealing a watch; March 18, 1895, North London, eight months' stealing a purse in the name of Davis; February 3, 1896, at this court, 15 months' hard labour for burglary; June 1, 1897, North London, three years' penal servitude and two years, police supervision for shop-breaking; February 6, 1900, North London, 18 months, and license revoked, stealing a watch; October 23, 1902, Clerkenwell, nine months,, stealing; August 14, 1906, North London, two years, hard labour and license revoked for attempting to steal; January 2, 1909, Clerkenwell, six months, and license revoked under the Prevention of Crimes Act; also seven summary convictions as a suspected person. Released from last sentence on September 6, 1909.

Wicks had been, in October, 1909, bound over in ₤ 5 for 12 months under the Probation Act for snatching a lady's hand-bag, after receiving three months at Clerkenwell as a rogue and vagabond. The Recorder remarked that Smith should have been indicted as an habitual criminal; that it was an extraordinary thing Wicks should be bound over in the charge of a probation officer.

Sentence (Smith), Three years, penal servitude; (Wicks), 18 months' hard labour.

BEFORE JUDGE RENTOUL.

(Friday, February 11.)

HARRINGTON, Charles (53, barman) , uttering counterfeit coin twice on same day.

Mr. Robert Wilkinson prosecuted.

MARTHA CLAYTON, barmaid, "London Tavern, " Garden Bow, Southwark. Prisoner came into our house on January 7 last, between 8.30 and 8.35 p.m. He asked if Mr. Taylor was at home. I said, "Yes." He said, "If he is upstairs resting it does not matter. I will have a pennyworth of tobacco while I am waiting." I never saw him before. I served him with the tobacco and he gave me this 2s. piece. I weighed it in a small machine we have; it would not go down, it stuck at the top. I gave it him back. I said, "Where did you get this from? This 2s. piece is bad. Have you any more like it? " He made no reply, but gave me a shilling in payment for the tobacco. When I gave him the 2s. piece back he said, "You take

the 2s. piece, the governor will be the loser of the change, not you." I thought when he had gone he might try to change it somewhere else. The potman was not there at the time; I ran through and called him, and told him to follow the man.

Cross-examined by prisoner. You did not say you did not believe the coin was bad. It was at the other pub. you said you did not know the coin was bad.

THOMAS BEADLE, potman, "London Tavern. Last witness called me into the bar about 8.30 p.m., on January 7. In consequence of what she told me I followed prisoner to the " Fountain, " St. George's Road. He was just going in the bar when I arrived.

CHARLES ALFRED TAYLOR, potman, "Fountain" public house, St. George's Road, Southwark. Prisoner came in about 8.30 on January 7. I served him with 1Ɖ d. of rum. He gave me in payment a 2s. piece. I turned to the till to get change when the potman from the "London Tavern" called me on one side. I then asked prisoner to give me 1Ɖ d. for the rum. He said, "What for? " I said, "Do you know your coin is bad? " He got 1Ɖ d. out of his pocket and asked for the 2s. back. I called the governor across.

To prisoner. I did not lay the change on the counter. I did not give you 1s. 10Ɖ d. change. You did not give me the 1s. 10Ɖ d. back. I had it in my hand. You asked for the 2s. back when I got the 1Ɖ d. for the rum.

JOHN HENRY HOOK, manager,. "Fountain" public house. I saw prisoner come in on January 7. He called for 1Ɖ d. rum. I did not see any money paid. My barman handed the 2s. piece to me. I tested it with acid. Then I asked prisoner if he had got any more. I told him it was bad. He paid the barman 1Ɖ d. in bronze. He said he did not know the coin was bad. I went for the police and gave him in charge. I kept the coin behind the bar, and the constable took it to the station.

To prisoner. I put my hands round your pockets and found nothing I was not looking for anything else but money. I did not attempt to put my hands in your pocket; I rubbed you down outside. The money was taken out of your pocket at the station. You were about to have the change when we were told the coin you offered to us was a bad one. You told the barman you did not believe it was bad, but you could not explain where you got it from.

"Police-constable WILLIAM RUSSELL, 357 L. I was called to the "Fountain, " and found prisoner detained there. Mr. Hook said prisoner had offered a 2s. piece in payment for 1Ɖ d. of rum. He asked prisoner if that was the coin he tendered. Prisoner said yes. I asked prisoner why he had tendered it. He said he had tendered it previously at the "London Tavern." I asked why he tendered it a second time after being refused at first. He said he did not believe it. I searched him and found two sixpences in silver, two or three bronze coins, but no other bad coin. I took him to Kennington Lane Station. After the charge was read he said, "Very good."

WILLIAM JOHN WEBSTER, Officer of H.M. Mint. This florin is counterfeit." It is a very fair specimen.

CHARLES HARRINGTON (prisoner, not on oath). I went to the second house because I did not believe the coin was bad. I told the lady so.

Verdict, Guilty.

Several previous convictions were proved.

Sentence, Six months' hard labour.

HARRISON, Thomas (40, porter), and WILLIAMS, Walter (38, coster) , both uttering counterfeit coins.

Mr. Wilkinson prosecuted.

JAMES ROADLEY, licensee, "Bull and Anchor" public house, High Holborn. On January 15, about 5.45 p.m., Williams came into the bar. He asked for half pint of ale and a screw of shag tobacco. Miss Robinson, the barmaid, served him. Through a mirror I saw the coin put on the bar. The barmaid picked it up and began to test it. She was bringing it to me and before she put it in my hand I saw it was bad. Prisoner Williams saw her testing it. I do not think he was aware that she was bringing it to me. Prisoner ran out immediately. I followed him. He crossed the road very rapidly. I never lost sight of him. He spoke to a woman and then hurried down the road eastward. I overtook him this side of the First Avenue Hotel, on the opposite side of the road. I think he suspected he was being followed, but did not suspect I was following him. I did not think it wise to speak to him as there was no policeman about. He stopped, and I came up with him. Then he caught sight of Harrison in front of the First Avenue Hotel. He went across and spoke to him. I could see they were entering into conversation, and ran to Chancery Lane and got a policeman, who came back with me, and I charged them. I followed them to the police station about two yards behind. Near the police station Harrison dropped a counterfeit florin close to his right foot. The policeman picked it up. I heard the charge read over to them. Harrison protested that he only stopped the other man for a light, although he had got a box of matches on him.

Cross-examined by Williams. I know where I gave you in charge; the "Bull and Anchor" is on the same side of the road.

ANNIE ROBINSON, barmaid, "Bull and Anchor. I served Williams with a glass of ale and a screw of shag. He tendered in payment a 2s. piece. I put acid on it and it turned black. The prisoner ran out. I did not give him any change. I next saw him at Bow Street Police Station on the following Monday. I there picked him out from other men.

Police-constable SAMUEL FOSTER, 364 L. I was on duty in High Holborn on January 15 about 6 p.m. Mr. Roadley spoke to me. In consequence of what he said I stopped near the First Avenue Hotel. Williams and Harrison were there. I said to Williams, "You must come with me to the station." He said, "What for? " I said, "This gentleman, " meaning prosecutor, "is charging you with uttering counterfeit coin." He said "Certainly, " and laughed. I said to Harrison, "You had better come as well." He said, "All right, but I do not know what for; he only stopped and asked me for a

light." I took Williams into custody, Harrison walked on the right hand side. In Broad Court a coin dropped from Harrison. He seemed to bend forward as though slipping it down his trousers. I picked up a 2s. piece close to Harrison's right foot. I searched Williams at the station. I found on him 21s. 6d. in silver and 4Ɖ d. in bronze, all small money, except one half-crown. On Harrison I found 1s. 6d. silver and 3Ɖ d. bronze, and a box of matches on each prisoner. There were a few matches in each box. When the charge was read over Harrison said, "I have never been in that house in my life"; Williams said, "I aunt changed no counterfeit florin."

To Williams. I only found about a spiteful of tobacco, on you.

Re-examined. There were eight matches in one box and 12 in the other. (To the Judge.) I did not see the coin fall from Harrison, I heard the sound. If Williams had thrown the coin I should have seen the movement. I had hold of his right arm and he would have had to throw his left arm in front of me.

WILLIAM JOHN WEBSTER, Officer of H.M. Mint. These two coins are counterfeit.

THOMAS HARRISON (prisoner, not on oath). On the night I was charge this prisoner asked me for a match. I said, "Have you an empty box, if so, take a few? " And he took a few. On the way to the station this coin dropped from somewhere. I heard the jingle of the coin on the pavement. The constable said, "What's that? " and looked round and found the coin. I never had it in my possession. If he see me stoop he must have seen me undo my trousers here. (A juror pointed out that the matches were of different colours.) I had two kinds of matches at home and emptied them into the box I had in my own pocket.

Verdict, Harrison, Not Guilty; Williams, Guilty.

Three previous convictions were proved against Williams.

Sentence, Six months' hard labour.

BEFORE THE RECORDER.

(Saturday, February 12.)

ISAACS, Ammon (49, dyer) , stealing one handkerchief and ₤ 3, the goods and moneys of Annie Freedman, from her person and assaulting, her thereby occasioning her actual bodily harm.

ANNIE FREEDMAN, wife of William Freedman, 8a, Lombard Street, Whitechapel. I have known prisoner about two months. I had some unpleasantness with my husband, and decided to leave him and go to Holland, where I have friends, and arranged with prisoner to carry my luggage to the Batavia on Saturday, January 29, between 4 and 5 P.m. On the way I stopped at a post-office in Leman Street to post a letter, and took out three sovereigns, tied them in a handkerchief, and put it in my pocket, outside the office, the prisoner standing close to me. When we got to the wharf it was closed, and prisoner took me

across to a small tavern up a turning, where another man came up to me and said, "Where are you going to? Do you want to leave your husband and children? As I turned to answer him prisoner put his hand in my pocket, took out the handkerchief with the money, and started to run. I caught him by the coat; he gave me a blow on the right side of my face, and ran away. I screamed out in Jewish, "My gilt, " returned to where the other man was standing by my luggage, and found my bag had disappeared. I then went to Liverpool Street Station to go via Harwich to Amsterdam. Having only got four shillings left I pawned my wedding-ring to pay the fare, and arrived at Amsterdam the next morning. I did not inform the police as I was excited and afraid of having to go back to my husband. I remained in Amsterdam till Wednesday, February 2, and returned to London, arriving on February 3, when I saw the prisoner in Leman Street. He ran away. I went to the police station the next day, and on Saturday when a detective went with me about the streets, and into Leman Street when I saw the prisoner following me. I pointed him out to the detectives; they brought him over to me, and I gave him in charge as the man who had stolen my money. Prisoner did not say anything in my hearing.

Cross-examined. Prisoner received my packages on Wednesday, Thursday, and Friday before January 29. I did not give him 8s. on Thursday. I did not pawn a ring for ₤ 1, and give it to prisoner to keep for me till Saturday. I gave him 2s. to buy a basket for me for my clothes. I never drank with him except on the Friday, when I gave him some clothes, and when I had a lemon and a dash, which I paid for. Prisoner was waiting outside when I went into the postoffice.

Detective JAMES COLLINS, City Police. On Saturday, February 5, prosecutrix made a statement to me, and with Detective Beechey I accompanied her through some, streets in the East End into Leman Street, when we saw the prisoner, who I noticed was watching prosecutrix. This was at 7.15 p.m. Prosecutrix crossed the road towards prisoner, when he ran away. I ran after him for about 500 yards through various streets, and ran him into No. 10, Tenter Street, the door of which was standing open. I told him I was a police officer, and that he answered the description of a man wanted for stealing ₤ 3 and a pocket handkerchief from a woman in Water Lane. He said, "Where is the woman? I know nothing." He spoke English fairly well, and understood what I was saying. I took him to the prosecutrix in Leman Street, and she said, "That is the man." I took him to Minories Police Station; he was charged, and said, "No such thing." There was an interpreter attending at the station, but his services were not necessary.

(Defence.)

AMMON ISAACS (prisoner, on oath). I know a man named Abraham Deutsch, who has a business here and in Amsterdam. The prosecutrix was in love with a young man twenty years of age, and he

brought her clothes to me and asked me to keep them at my rooms. Prosecutrix came to me and said, "Abraham says you will be a true friend to me like a father." I said to her, " Do not carry on like this; keep yourself from drink." On Friday evening I went to the boat to make inquiry as to the price of the ticket. Prosecutrix them pawned her ring. On the Saturday we went to the boat and found the office closed. We went across the road, when a man named Weinberg came and spoke to her. He said he had written to her lover's father, and he wanted to stop her going to Amsterdam. As we went across the road a policeman was standing facing us. I then left her with Weinberg, who was persuading her to return to her husband and children. On February 5 I was in Leman Street. I ran away when prosecutrix crossed the road towards me, and the detective came after me. It is absolutely untrue to say that I took her money or struck her in the face. I ran away because Deutsch had told me that she was making a charge against me.

HARRY WEINBERG, 31, Rutland Street, Stepney, general dealer. I have relations in Holland, and have known prosecutrix since Friday fortnight, when I learnt that she was going to run away to Holland. On January 29 I saw her with the prisoner, who was carrying her basket, and followed them. In Water Lane I said to her, "It is a shame for a Jewish woman to go to Amsterdam with a young chap and leave her four children behind her." She said, "You mind your own business." I advised her to go home and not go away. She said, "Let me alone, I can do what I like." The prisoner was speaking Yiddish to her, which I do not understand, and there was some struggle between them, but I could not understand what they were talking about. A policeman was on duty there. I did not see prisoner take her handkerchief from her or strike her a violent blow in the face— he did not do it— if he had done so she would have complained to the policeman who was there. I advised her to go home and offered to help her with her luggage. We came down Water Lane and some people said that she was a married woman with four children who wanted to leave her husband. I thought she looked ashamed and was going home. She made no complaint to anyone about having lost her money. There was no mark on her face. I spoke to her in English and she understood me. She made no complaint of the prisoner having robbed or struck her. I afterwards heard from the police that she had made a complaint. I live in two rooms and carry on my business outside. (To the Jury.) I heard from some Dutch people in London that this woman was about to leave her husband and children and go off with a man. Thinking that was a very wrong thing for a Jewish woman I tried to persuade her not to do it. In my religion it is "Mitzler" (a very proper thing) to return a wife to her husband. I followed her about to persuade her not to go. I have known the prisoner about six months.

The Recorder suggested that, in the absence of any corroboration of the prosecutrix's statement or of any complaint at the time, it

would be wrong to convict, and the Jury returned a verdict of Not guilty.

BEFORE JUDGE RENTOUL.

(Saturday, February 12.)

MACK, Alfred (32, labourer) , breaking and entering the dwelling house of Walter Wright and stealing therein one bracelet and other articles, his goods.

Mr. Roome and Mr. Eiffe prosecuted; Mr. Turrell defended.

WALTER WRIGHT, 9, Risinghill Street, Pentonville. I know prisoner as a neighbour. He lives three doors from me. On January 20 I left home just before 2 p.m. I left my door securely locked and returned about 4.40. I found the place turned upside down, everything broken open in the bedroom and sitting room. I missed two gold rings of mine, two gold, diamond and ruby rings of my wife's, three gold bracelets, a gold watch belonging to my daughter, two gold brooches, and a pair of links. I have seen some of the property.

GERTRUDE WRIGHT, daughter of last witness. About 3.30 p.m. on January 20 I went upstairs to get change. I found the sitting room had been entered. Drawers and boxes broken open.

Inspector NEIL, Y Division. On January 20, shortly before 4 p.m., I was at 176, Caledonian Road, a small jeweller's shop. While I was in there prisoner came in and said to Robert Wheatley, who was behind the counter, in an undertone, "Is your brother in? " He shook his head and motioned him away. Prisoner then leant over the counter and said, "I have got some stuff for him." Wheatley again motioned him away and shook his head. He was about to leave and I said to him, "Wait a minute; I am a police officer: what have you got about you? " He said, "Nothing." I said, "You have just told this man you have got some stuff; we will see." I searched him and in his jacket pocket I found a handkerchief and a bracelet and four gold rings wrapped up in it. I said to him, "Where did you get these from? " He said at first, "I don't know." I said, "I want some account of them." He said, "My sister gave them to me to sell." I said, "Where does your sister live? " He said, "15, Risinghill Street." I said, "We will make inquiry about them: you will be detained." He then said, "It is no use going there; she knows nothing about it. A man up at the "Wolsey' sent me down here to try and sell them." I said, " Your story is not satisfactory; you will be detained." He was taken to the police station. I made inquiries at the "Wolsey, " but could not find any such man as he described. He was charged with unlawful possession. Next morning the property was identified and he was charged with housebreaking.

Cross-examined. Prisoner gave three descriptions of the man, but the only definite description was that he had on a trilby hat. He did not tell me he was a man he knew who lived in Essex Road. He said

his sister lived at 15, Risinghill Street, but later, when I said, "You live at 15, Risinghill Street, " he said "Yes."

Sergeant GEROGE WESTON, G Division. On January 20, about 6 p.m., I went to 9, Risinghill Street. I examined the premises. The drawing room door had been forced by a jemmy, two jewel cases had been forced open by a blunt instrument, drawers turned upside down and the place in great disorder.

(Defence.)

ALFRED MACK (prisoner, on oath). I got the things off a man outside the "Wolsey" at the bottom of White Lion Street. I was going to sell them for him. I know him by the name of Harry. I do not know his surname. I went into the jeweller's shop to ask the value of the property I had to sell for this man. At first he said he wanted ready money quick. I said, "Why not pawn them? " He said he would rather sell. I said if he would give me a few shillings I would endeavour to sell them. I go straight to the shop. I am hardly in the shop, I am speaking to the man over the counter, when Inspector Nile says, " Detain that man and search him, " but as regards any remark about my having stuff I made no such remark at all. I had hardly time to speak to him. I knew Detective Neil and I knew the other officer. If I had any idea the jewellery was come by burglary I should not have gone in the shop. They were both there when I entered. I told Inspector Niel I got them from my sister. I gave him my right address. I afterwards told him I got them from a man, that was in the excitement. I was hustled all of a sudden and I hardly knew what to say. It is the truth that I got them from this man. I did not know they were stolen.

Cross-examined. I was not outside 9, Risinghill Street about 3 o'clock that afternoon. I did not see prosecutor come out. The man who asked me to sell the things is about 5 ft. 8, wears a trilby hat and a dark suit, a collar and tie. I have known him casually for two or three years. He said the property was his own. He did not say I could get more for it than he could.

Verdict, Guilty.

Prisoner confessed to a previous conviction at this Court on November 14, 1904. Several other convictions were proved.

Sentence, Three years, penal servitude.

HOUGHTON, William George (29, engineer), and PARISH, Florence (21, charwoman) pleaded guilty , of uttering and possessing counterfeit coin.

Sentence was postponed to next sessions.

BEFORE JUDGE RENTOUL.

(Monday, February, 14.)

ALEXANDER, Leon (44, musician) . Unlawfully taking Catherine Newman, an unmarried girl under the age of 16 years, out of the possession and against the will of Henry Newman, her father.

Verdict, Guilty.

Prisoner was released on his own recognisances in ₤ 20 to come up for judgment if called upon.

ACQUARONE-LEVI, Ernest, otherwise B. Holt (44, merchant) , obtaining by means of false pretences from Charles Buch and Company the sum of ₤ 3, 800 in Bank of England notes and a certain valuable security, to wit, a banker's cheque and orders for the payment of ₤ 3, 400, in each case with intent to defraud. Mr. Purcell prosecuted; Mr. Huntly Jenkins defended.

OSCARJ. KLEIN.In 1906 I was carrying on business as Charles Buch and Company at 6, Mincing Lane. A transaction was introduced to me with reference to a contract between a man named Woolford and B. Holt and Company. I was to pay B. Holt and Company 75 per cent, of the value of a shipment of antimony which was coming from Seville. The amount of that was ₤ 7, 200. The price of antimony was advancing rapidly at this time. I made inquiries through the manager of my bank as to B. Holt and Company. I got a very favourable report from him, but he made a mistake, as his report had reference to a highly respectable firm in Coleman Street, E. Holt and Company. Towards the end of November I heard the documents had arrived. I sent a representative to offer a cheque for ₤ 7, 200 in exchange for the documents, but a commission agent had sold that cargo at an enhanced price, and I could not get the documents. I consulted my solicitor, and after an interview with B. Holt and Company, I got an injunction to restrain them from parting with the documents. At the interview at Coleman Street with my solicitor and B. Holt I saw a man named Walters, who was afterwards tried in Paris and sentenced to 10 years' imprisonment. Prisoner spoke in French. He said the consignment was sold, but if I would be in a generous mood and not press further this injunction he would be willing to let me have a second cargo of antimony which was being loaded in Spain on exactly the same conditions. I more or less accepted. He said he was often abroad, especially in Paris, and might be away for any length of time; in the meantime Walters, who was his accredited agent and manager, would do all necessary things instead of him. I have no doubt prisoner is the man I knew as Holt. I went abroad, and the mattere was transacted in my absence by one of my staff. On my return the matter was placed in the hands of the police.

(The cross-examination was directed to the question of identity, but, as will be seen later, the prisoner admitted that he had some connection with the office of B. Holt and Company.)

SAMUEL LOPEZ SALTHADO, Spanish interpreter. It is quite impossible that documents of this kind could have been printed by a Spanish printer, owing to the mistakes which occur in them.

PETER ROCK, caretaker, Wool Exchange; JAMES HOWICK, atten dant, Wool Exchange; WILLIAM OSBORNE, Palmerston Buildings; and CHARLES REEVES KING, manager London and South-Western Bank, Coleman Street, identified prisoner as B. Bolt.

JOHN BRETT. In 1906 I was manager of the Mincing Lane branch of the London and Westminster Bank. Buch and Company were customers. In consequence of instructions from Buch and Company I marked a cheque on our branch for ₤ 7, 200. On December 7 a representative from Messrs. Buch and another man came to our bank. The other man brought come documents. These are the documents. I was asked to change the cheque into cash. I knew the transaction was between Buch and Company and Holt and Company. I was assured by Messrs. Buch's representative that the documents were in order. I understood the other man's name was Walters. I gave him ₤ 3, 800 in notes and a cheque for ₤ 3, 400. After they were gone I looked at the documents and noticed one of the conditions of the bill of lading was that it was issued in triplicate, and that if one of them was executed the other two were null and void. I thereupon communicated with Messrs. Buch and tried to stop the cheque, but was too late.

Cross-examined. The only persons I saw in the matter were Walters and Buch and Company's representative.

ERNEST CARPENTER, commission agent, Warwick Road, Surbiton, proved that prisoner attempted to perpetrate a precisely similar fraud upon him in September, 1906.

GEORGE COLLINS, printer and engraver, 77, Fleet Street. On December 7 I called at Palmerston Buildings, where the office of Cahen and Company was. There I happend to meet a gentleman from Buch and Company, to whom I made known my object in being there, which was to obtain payment for printing bills of lading and insurance policies in Spanish. I had also made a steel die bearing the name of the Compania Generale Sevilla Navigacion. The man who ordered these things for Holt and Company and Cahen and Company I saw tried in Paris. His name I heard was Labar.

Detective-sergeant ALFRED ANDERTON, City Police. In 1907, when a warrant was issued for the apprehension of B. Holt and other persons, I made search at the office of B. Holt and Company, Wool Exchange, and found a number of doucuments which were shown to Mr. Collins, who identified them as having been printed by him.

Detective-inspector JOHN COLLISON, City Police. On January 12 I received prisoner from the Boulogne police on an extradition warrant. I brought him to London. At the Minories Police Station the warrant was interpreted to him. In reply he said, "I am not the man mentioned in the warrant."

(Defence.)

ERNEST ACQUARONE-LEVI (prisoner, on oath). I was in this country in 1906. I was not a partner, and took no part in the business of B. Holt and Company. I used to go to their office frequently. I saw there Grant Seymour, Walters, who was called Labar, and Holt. I knew a Mr. Klein, not the one who gave evidence here. I lent B. Holt and Company 27, 000 francs. Holt wanted me to believe that he was in a position to supply Klein with antimony. I did not open a banking account in the name of Cahen and Company. I did not know it was being opened. I was a chemist in my country. I left my country on the death of my wife.

Cross-examined. I am of Italian origin, born in Brazil. In 1906 I was living at 20, Frith Street, Soho. I went there when I arrived in April or March, and left there in the summer, I believe. I went with the same landlord to a street near by, Church Street. In December I went to Italy. On the, way I stopped at Calais, Boulogne, and Paris. I left London because I had lost enough money, and as I did not know the language I might have lost more. My family live in Florence. I remained there till September, 1907. I knew Walters in France. He advised me to come to London. He said he was a partner in the firm of Cahen and Company, but at that time the firm was not at Palmerston Buildings; I believe they were at Ludgate Hill. His name was Walters John Lebar. I was not confronted with Walters by the French police. I did not say I did not know him. I began to go to B. Holt and Company's about September. I could not say how many times I went, as I was often away. I never went before 11 o'clock, and left about 4 or 5 p.m. I kept my correspondence there, and received letters in the name of Ernest Levi. I have never lived at Leighton Gardens, Kensal Rise. I had a friend who lives at Kensal Rise. I went there often. When interrogated in France I said, "I can only persist in the declaration I have already made that I have never had offices in London, and that I do not know is any way the divers persons who pretend to recognise me in the photograph that has been shown to them, and Labar, alias Walters, is completely unknown." I am not quite sure that I said, "Labar, alias Walters, is completely unknown."

Verdict, Guilty.

Sentence, Five years' penal servitude; recommended for expulsion under the Aliens Act.

BEFORE THE RECORDER.

(Monday, February 14.)

RICHMAN, Jacob (40, boot manufacturer) , unlawfully making transfers of certain of his property with intent to defraud his creditors; within four months next before the presentation of a bankruptcy petition against him upon which he was adjudged bankrupt unlawfully with intent to conceal the state of his affairs and to defeat the law, destroying and mutilating and being privy to the destruction and mutilation of certain books affecting and relating, to his property and affairs and unlawfully and fraudulently removing and concealing certain parts of his property of the value in each case of ₤ 10 and upwards and not discovering to the trustee administering his estate for the benefit of his creditors parts of his personal property which had not been disposed of in the ordinary way of his trade nor laid out in the ordinary expenses of his family, in each case with intent to defraud his creditors.

Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Muir, Mr. Valletta, and Mr. Stanley Crawford defended.

GEORGE INGLIS BOYLE, messenger to the High Court of Justice, Bankruptcy Department. I produce file in the prisoner's bankruptcy petition, August 21, 1908, by Percy Williams, Northampton; date of the act of bankruptcy August 20, 1908, being a notice that the bankrupt has suspended payment. On August 21 interim order for a receiver; receiving order, August 27; adjudication, September 8, when F. W. Allen's appointment as trustee was confirmed by the Board of Trade. Statement of affairs filed September 29, 1908, amended March 11, 1909— liabilities, ₤ 14, 681 8s. 7d.; assets, ₤ 5, 625 148. 3d.; deficiency, ₤ 9, 045 14s. 4d. Statement attached to the amended statement of affairs show excess of assets over liabilities on January 1, 1908, as per balance-sheet, ₤ 5, 039 12s. 14., from which deductions are made leaving a balance of ₤ 1, 112 14s. Those deductions include private liabilities not included in balance-sheet, ₤ 1, 960, part of which is loans by Charkin Marks— September, 1907, ₤ 160; October, 1907, ₤ 150, and December, 1907, ₤ 140— ₤ 450. The public examination is on the file, purporting to be signed by prisoner.

STAPLETON FULKER GREVILLE, clerk, Bank of England. I produce ten ₤ 20 notes, Nos. 08429— 38, dated November 16, 1906. No. 08429 bears the stamp of "Wrensted, Hind and Roberts"; 08438 bears the words "Richman, ₤ 421 8s." in pencil.

SIDNEY GROUTON, cashier, L. C. and Midland Bank, 93, Great Tower Street. I produce extract from the account with my bank of Charkin Marks, 172, Old Street, showing that on June 29, 1908, 10 ₤ 20 notes, Nos. 08429— 38, were paid out in cashing a cheque of Marks. On July 17, 1908, ₤ 150 was paid out in 10 ₤ 10 notes, Nos. 46770— 9, and 10 ₤ 5 notes, Nos. 56059— 64 and 56075— 78, against a cheque drawn by C. Marks.

CHARLES VICTOR CLEWS, clerk, L. and S.W. Bank, Stepney. I produce extract from the account with my bank of Wrensted, Hind July 17, 1908, with a payment in of ₤ 150 in 10 ₤ 10 notes, Nos. 46770— 9, and 10 ₤ 5 notes, 56059— 64 and 56075— 8.

HENRY JAMES STOKES, clerk to Parr's Bank, Lombard Street. I produce extract from the account with my bank of Wrensted, Hind and Roberts, showing that on July 2, 1908, an amount, ₤ 473 10s., was paid in, consisting of ₤ 223 10s. in coin, 10 ₤ 20 notes, 08429— 38, dated November 16, 1906, and a cheque for ₤ 50.

RICHARD JAMES EVANS, clerk to London and Westminster Bank 130, High Street, Whitechapel. I produce extract from prisoner's account with my bank. On July 3, 1908, cheque produced of Wrensted, Hind, and Roberts for ₤ 421 8s. was paid in. I also produce two pass books of the account and letter of prisoner dated August 18, 1908, "Please pay no more on my account." That letter was handed in on August 18.

FREDERICK WILLIAM ALLEN. I produce file of the bankruptcy containing the examination of.the prisoner before the Official Receiver. (A number of passages from the evidence of the prisoner were read.)

WILLLIAM GODFREY, 38, Wynne Road, Brixton, pensioner sergeant, Metropolitan Police. On August 21, 1908, at 3.30 p.m., by direction of the Official Receiver, I took possession of 44, Middlesex Street, and remained on duty until 11 a.m. the next day, when I was relieved by Booth; from 9 p.m. on August 22 to 9 a.m. the next day and on each succeeding day up to September 1 I was in possession. No goods. were removed from 44, Middlesex Street during the time I was in possession.

EDWARD BOOTH, 24, Vassall Road, Brixton, GEORGE WILLIAMSON, pensioned police officer, 12, Saville Road, West, GEORGE BURHELL, 20, Mildmay Grove, WALTER SIMMONDS, 5, Chesterfield Road, Leyton, WILLIAM WALTER HEWITT, 110, Powerscroft Road, Lower Clapton, and GEORGE WILLIAM INGERFIELD, 43, Hinstock Road, Plum Lane,. Plumstead, stated that they were in possession of 44, Middlesex Street during portions of the time up to October 12 and that no goods were removed.

WILLIAM JOHN MAY, Superintendent Rosebery Avenue Fire Station. On August, 1908, when I was stationed at Whitechapel, I was called to a fire at 44, Middlesex Street, which is about 700 yards away from the fire station; I arrived three or four minutes after the call. I found a small fire, which had been partly extinguished with pails of water and was just smouldering. Some books were injured. On December. 14, 1909, I made a careful examination of certain books. I have been 26 years in the Fire Brigade and have had considerable experience of the damage caused by fire. Bought day book produced has been injured by fire. In my opinion, the injuries were not caused by the fire I was called to at 44, Middlesex Street, as it is burnt at several parts with intervening portions untouched and unscorched. I am speaking having regard to that particular fire, which was very small. Cash book produced has the covers burnt off and the same remarks apply to it. I have the same opinion with regard to the bought ledger and the sold ledger produced— that the injuries could not have been caused by the fire I saw. Some papers and shavings had been burnt; the match lining and the under side of a shelf had been scorched. I do not recognise these books as the books I saw on August 8, 1908— there were some books there, but to what extent they were damaged I could not say.

Cross-examined. I gave my evidence at the Police Court on December 17 and 21, 1909, having examined the books three days before. It is just possible that one or two of these books might have been damaged

by this fire in the way they are. I believe the fire was caused by the breakage of the rubber tube of a portable gas stove. I was in the house about three or four minutes. If I had thought the fire had been intentionally caused I should have made a report to the police. I made no such report in this case.

Re-examined. Had I examined the books at that time in detail I should have reported it to the police. I cannot say how many books there were there. On December 17 I arrived at the Police Court in the middle of the day and had not finished my evidence when the Court rose at five o'clock.

(Wednesday, February 16.)

CHARLES SIDNEY HIND, of Wrensted, Hind, and Roberts, 63, Queen Victoria Street, solicitors. On July 1, 1906, Asher Richman was introduced to me by a client named Metz and consulted me with regard to the completion of the sale of the stock and business of 160, Commercial Road, by the prisoner, who is Asher's cousin, which was carried out on the next day at my office, Metz, Asher Richman, and the prisoner being present. I was told the purchase price of the stock had been agreed at ₤ 375, less 10 per cent., and the fixtures at ₤ 65. The total was finally fixed at ₤ 421 8s., and ₤ 2 2s. costs, which was paid to me in cash by Asher Richman; the money was paid into my account at Parr's Bank and I gave my firm's cheque (produced) to the prisoner for ₤ 421 8s., which has been endorsed and paid.

Cross-examined. I had known Metz for some years. Asher Richman was to be my client. Prisoner objected to give 10 per cent, reduction and, after a discussion, the amount fixed on was 5 per cent. It was an ordinary transaction, such as would be settled in a solicitor's office. (To the Judge.) My duties were merely formal. I was originally asked whether a deed would be necessary. I advised that there should be a schedule prepared, which was not done in my office. A receipt was given.

HENRY MARSHALL MORGAN, Balfour House, Finsbury Pavement, London representative of George Thomas Hawkins, Northampton, boot and shoe manufacturer. I have known prisoner since July, 1907, as a boot and shoe factor at 44, Middlesex Street and the owner of several retail boot shops. In June, 1908, I supplied him for Hawkins with goods to the value of ₤ 64 9s. 6d.; in July, ₤ 204 17s. 6d.; in August, ₤ 106 10s. The orders were given verbally in April, May,, and June, and amount in all to ₤ 405 7s. On August 13 goods value ₤ 136 10s. were dispatched in three cases from Northampton. In June, July, and August I did not know that the prisoner was selling his retail shops.

Mr. Muir objected to the last statement as not relevant to any charge on the indictment.

Mr. Bodkin said that the prisoner's change of his method of trading within four months of his bankurptcy would affect his credit.

The Recorder. It is evidence for the Jury; I cannot exclude it.

Examination continued. Had I known prisoner had disposed of three of his retail shops I should not have supplied the goods. On October 3,

1908, I went to 44, Middlesex Street and made a careful examination of the stock and found only 13 pairs of our boots. About 315 pairs were supplied on August 13. Twelve or thirteen pairs were found of old stock supplied previously to June, 1908.

Cross-examined. There were three floors to examine. I was on the premises two or three hours. I could not carefully examine 26, 000 pairs of boots in that time. I went to find goods of our manufacture. The stock had already been classified for sale purposes and nineteen-twentieths of it did not concern me. My goods were packed in boxes which I should readily recognise, having the trade mark of Hawkins. I did not go to 111, Commercial Road.

CHARLES HENRY ROBERTS, of T. Roberts and Son, Portland Shoe Works, Leicester. Prisoner has been a customer of my firm for about two years. I knew him as a boot factor at 44, Middlesex Street, and as the owner of retail shops. On May 15, 1908, I received a verbal order from prisoner for 500 pairs of boots made to a special pattern, which were delivered on July 1, value ₤ 101 16s. 1d. On August 14 I supplied further goods to the amount of ₤ 63 3s. 1d. I did not know that prisoner had disposed of any of his retail shops; had I known it I would not have supplied the goods. On October 5, 1908, I inspected the stock at 44, Middlesex Street, to ascertain whether any of our goods were still on the premises. I found three of our boxes with other people's shoes in them, but not a single pair of our goods among the stock. My goods were all ladies' boots in boxes having my trade mark and I could readily have recognised them; they were all goods of a new character. None of the goods supplied in July and August have been paid for.

Cross-examined. Our boxes contain the word "Portland, " which is our registered trade mark. It is not unusual to put the name of the purchaser upon the boxes— it is occasionally done if requested. There were four floors on which goods were. Had I opened all the boxes the goods would have taken a long time to examine. I was there about two hours. I should not expect to find a preponderence of old or unsaleable stock— I should expect to find the recently delivered goods. I should have been very suspicious if I had known the prisoner was selling goods by auction.

HARRY BUILDS, of Thomas Brown and Company, Leicester, boot and shoe manufacturers, carrying on business also under the name of the Heiser Shoe Company. For some time we have supplied prisoner with goods in very small quantities. On July 28 we supplied him with ladies boots and shoes value ₤ 51 3s.; on August 14, 1908, value ₤ 107 2s.— the orders for which were given in May and June; the goods were specially made to order. None of them have been paid for. On October 5 I examined the stock at 44, Middlesex Street, and could find none of our goods on the premises. There were 308 pairs supplied, each pair in a separate box.

Cross-examined. I was in the warehouse a little over two hours. The goods were on three floors besides the basement. We have dealt with prisoner for four or five years to a very small amount and previous business has been satisfactorily paid for— the previous dealing

has been about 36 pairs a year. I understood he was doing a little wholesale business, and that he had two or three retail shops. He has never returned my firm any goods to my recollection. The goods sent on August 24 amount to ₤ 83 15s. 6d.

GEORGE ERNEST SIMONS, manager and traveller to G. P. Simons, Braunstone Gate Works, Leicester, boot manufacturer. In June, 1908 I supplied prisoner with children's boots to value of ₤ 85 16s. 4d.; in July ₤ 198 11s. 5d.— of those 225 pairs, value ₤ 24 11s. 1d., were supplied on July 30, and on August 1 24 pairs, value ₤ 2 2s. None of those goods have been paid for. Prisoner's total debt to my firm is ₤ 412 13s. 10d. On October 1, 1908, I went to 44, Middlesex Street, and examined the stock carefully throughout the premises, and found 66 pairs of those supplied in July and August. I opened other manufacturers' boxes, but found none of my goods there, nor among the loose goods. All the goods we supplied were children's boots— I should have no difficulty in identifying them.

Cross-examined. There were three floors and the basement. I was there about an hour. I had been dealing with defendant four or five years; his account has been fairly good; we were satisfied with it up to the time of the bankruptcy.

ARTHUR HARRY HOLYOAK, director and secretary of Joseph Lees on and Son, Limited, Leicester, boot and shoe manufacturers. Prisoner has been our customer since 1907. I knew him as having a wholesale business at 44, Middlesex Street. In July, 1908, we supplied him with 720 pairs of boots, value ₤ 203 18s. 1d., 114 pairs of which were sent on July 29— they were all ladies' boots, black and tan. On September 30 I went to 44, Middlesex Street, and examined the different floors during about two hours, and found only two pairs of the boots which had been supplied in July and August. Our goods are all in marked boxes and I should readily recognise them. At the end of July or the beginning of August, 1908, I saw the prisoner and told him that we heard one of his customers was selling our boots considerably below the wholesale price and if that was so we should not get paid or his customer would not pay him. I said, "Now, which is it? " He ridiculed the idea, went into the office and said that that customer had not had many goods and he would not let him have any more. He asked who the customer was and I told him Sweetman Brothers.

Cross-examined. In 1907 we sold goods to the prisoner to the value of nearly ₤ 300. My examination of the stock occupied two hours.

JOHN RICHARD ADDISCOTE. I was London representative to S. G. Knops and Sons, Limited, boot manufacturers, Colchester, who have gone into liquidation. I have received orders at 44, Middlesex Street, from the prisoner. From June 17 to 27 we supplied 218 pairs of black and tan Cromwell shoes, value ₤ 18 5s. 10d. In June, July and August we supplied about 437 pairs, value ₤ 271. On October 3 I visited 44, Middlesex Street, examined the stock and found only 28 pairs of our goods. All our goods were in marked boxes, which I could readily recognise.

Cross-examined. I went through the stock and here and there pulled a box out. I was there about three hours. To go through every box in detail would take a week or a fortnight. I only supplied ladies boots. I found 19 pairs on one floor, eight on another, and one on another.

ISAAC SAVILL DANIELS, partner in Daniels and Company, trading as the Danipad Rubber Company, Market Street, Finsbury. In August or September, 1908, I heard of the bankruptcy of the prisoner. I know Asher Richman and after the bankruptcy of prisoner I have sold rubber heels to Asher Richman at 160, Commercial Road. I have called there for orders up to October, 1909. On October 5 I called in reply to a postcard and took an order from the prisoner for rubber heel plates, value 16s. 3d., which was paid by a cheque a few days later. The invoice (produced) is made out to Mrs. T. Richman. I was paid on December 8. When the invoice was first rendered I called at 160, Commercial Road, saw a girl, and asked for Mr. Richman, when prisoner came out. He said the debt was contracted with Mr. Asher Richman and he gave me a card with another address on it and said if I would go there Mr. Asher Richman would pay me.

Cross-examined. I have done no business at 160, Commercial Road before the bankruptcy. The first time I went there I believe the name up was "J. Richman." I afterwards sent an invoice to ''Mrs. T. Richman." When I called at the shop I was told Asher Richman's address, and was afterwards paid.

Detective ALFRED SAUNDERS, New Scotland Yard. On November 29, 1909, with Detective Wesley, I kept observation on 160, Commercial Road. I went there at 2.20 p.m. The name of "Richman" was over the door. Prisoner was in the shop with an assistant, who attended to a customer— the prisoner appeared to be in charge. I was there also on November 30, 1909. I again saw prisoner in the shop. On December 8, I kept observation on 20, Wentworth Street. I arrived there at 12.20 p.m. Several customers were in the shop. Prisoner entered at 12.15 p.m., took off his coat, and was actively engaged in serving customers and directing the assistant.

Cross-examined. There were two male and one female assistants at 160, Commercial Road; at 20, Wentworth Street there was the male assistant and I think one female.

Detective CHARLES WESLEY, New Scotland Yard, corroborated the last witness.

DAVIS FREEDMAN, 61, Abingdon Buildings, Shoreditch, tobacco blender. I am secretary of the Podenwitza Sick and Benefit Society, registered as a friendly society. Asher Richman has been a member for nine or ten years, paying 15s. a quarter. In March, 1908, he received 15s. as sick money. It was afterwards found that he was in arrear, and therefore unentitled to the benefit, and he was required to repay the 15s. at 6d. a week, and he repaid it in three or four payments during the ensuing quarter, 4s. being paid at the end of July.

His arrear amounted to 6s. 6d., which was deducted from a divisional sum of 42s., payable to him on March 7.

FRANK LEIGHTON, 8, Railway Approach, London Bridge, clerk to F. W. Allen, trustee in prisoner's bankruptcy. On August 20, 1908, at 9 a.m., I went to 44, Middlesex Street, to make an inventory of the stock. I was assisted by the prisoner and his warehouseman, Zetta, The stocktaking took two days. On August 24 I took stock at 111, Commercial Road. There were 27, 484 pairs of boots at both placet; 791 of these were at 111, Commercial Road, which were on September 2 removed to 44, Middlesex Street. We then found they amounted to 820 pairs. On September 5 I again went to 44, Middlesex Street, to prepare an inventory of the stock for sale by private tender. I was assisted by Zetta, a workman of the prisoner, and completed the inventory on September 26, putting the stock in order and lotting it for sale by private tender. I then found the number of pairs on the premises to be 25, 680, being 1, 804 pairs less than on the previous occasion. On October 8 I had occasion to go to 160, Commercial Road, where I found the name was "T. Richman." The "T." appeared to have been freshly painted in. Prisoner was in the shop examining a boot, which he held in his hand.

Cross-examined. At 44, Middlesex Street, there were four floors and a basement, stock being on all. I began taking my inventory on August 20, on instructions from Mr. Allen, who had not then been appointed trustee. The Official Receiver was appointed on August 21. I began on the first floor. Business had been stopped. No goods arrived on August 20 or 21. Prisoner and Zetta gave me the prices and called out the quantities. I worked until 7 p.m., doing the ground floor, first floor, and part of the second floor on that day. On August 21 I continued working until about 6 p.m., when I had completed my catalogue. The Official Receiver took possession on that day at between three and four p.m. The prisoner and Zetta assisted me. The goods were not taken down, but the quantities were read off the boxes. I examined several of the boxes myself to see if they were full— I would not swear I examined every box. Prisoner gave me the prices from memory. 1, 804 pairs of boots and shoes would require 20 cases to pack them in of about 4 ft. square by 3 ft. high. When I went on the morning of August 21 I saw no sign of any stock having been moved.

ALFRED ROBERT PALMER, 11, Aveling Terrace, Walthamstow, accountant to Plateaux and Co., Tottenham, boot manufacturers. I have known prisoner four or five years as a customer to my firm and at his request early in January, 1908, I took stock at 44, Middlesex Street, and drew up a balance-sheet showing the state of his affairs on January 1, 1908 (produced), showing an excess of assets over liabilities ₤ 5, 639 12s. 1d. Under "assets" is stock in hand, ₤ 9, 311 2s. 7d., that being the stock taken by me, assisted by Gunnis and Faulkner (two employes of Flateaux and Co.), the prisoner and two of his lads. The stock was taken down by me in book produced, in which the numbers and abbreviated description of the stock is given. The prices were given by the prisoner. To the best of my recollection prisoner

stated he had no other liabilities than those mentioned in the balancesheet— trade creditors, ₤ 2, 471 14s. 4d.; bills payable, ₤ 3, 482 8s. 5d.— which I got from the ledger and bill book. No other liabilities were given to me. In February, 1908, I saw prisoner— he wanted a loan from my firm of ₤ 250 for the purpose of opening a shop at 160, Commercial Road. I asked him, "Is your position substantially the same as when I took stock and made the balance-sheet at the beginning of the year? " He said it was. I asked him if he owed any money privately outside the balance-sheet. He said "No." The loan of ₤ 250 was made by my firm. It has not been repaid and there is now a balance due for that and goods supplied of ₤ 513 19s. 6d., for which my firm have proved in the bankruptcy. In June, 1908, I took stock at 77, Wentworth Street, assisted by Harris Napper, the prisoner, and two or three lads, for the purpose of the sale of the shop to Napper. I knew Napper as prisoner's brother-in-law and as a man who had a stall in the street, where he sold boots, and a front room converted into a shop in Goulston Street. Prisoner and I both expressed surprise that Napper was able to buy the shop.

Cross-examined. My firm have done business with prisoner for five or six years. About 1905 I became acquainted with prisoner, when his account assumed large proportions; it was about ₤ 500 or ₤ 600 then. In January, 1905, I took stock at 44, Middlesex Street, in the same way as in January, 1908, and did the same in January, 1906, and January, 1907, and also drew a balance-sheet. Prisoner's account decreased one year because our goods did not suit the prisoner's trade— not because we desired to close the account. The balance-sheet related entirely to prisoner's business. I will not swear that previous to January, 1908, I asked prisoner if he had private liabilities. I believe I took stock in the first 10 days of January, 1908— I cannot swear to the date. Ordinarily goods would be sent from Middlesex Street to the retail shops and if there were any returns they would come to Middlesex Street. The books may not have been written up to December, 1907, when I took the balance-sheet. If items of liability were not entered they would be missing from my balancesheet. I took the balance-sheet at the request of the prisoner, who was an old friend of mine. I was paid by him on every occasion. Goods would be paid for by cheque or cash or by bills. After the loan prisoner paid back my firm enough to bring the account down to its normal amount. I knew prisoner had bills coming due. The amount of the loan was paid into the bank and would appear among his trade liabilities. Prisoner is unable to read, except perhaps the amount of his wages books; he can sign his name to a cheque. He is very quick at figures— he is a marvellous man all round. I prepared the detailed invoice for the sale of 77, Wentworth Street. I did not know he was Belling other shops. Prisoner repeatedly told me that he found opening the retail shops had a bad effect upon his wholesale trade and that that was the reason he was selling 77, Wentworth Street. In taking the stock the boxes were counted on the racks or where the boots were loose the numbers were taken. A stock book was kept, but the entries were very roughly made by a young girl. I could

not say if I included stock delivered after January 1. I took the liabilities which appeared in the books. The books were kept by Cissie Coral, who was about 15 when I first knew her and is now, I think, about 20 years of age. Zetta was assisting on one' of the evenings when I took stock. I did not examine the boxes to check any errors there might be in the numbers put down. The asset in balance-sheet, "Fixtures and fittings at 111, Commercial Road, and 44, Middlesex Street, ₤ 625 0s. 5d., "I got from prisoner— I do not know if it was taken from an old balance-sheet. "Lease and goodwill, 20, Went-worth Street, ₤ 216 3s. 3d., " is included as an asset; I did not know there was a mortgage. Prisoner usually paid large moneys into the bank and frequently paid small amounts by cheque. He always paid me for work done. I wish his character depended on my good word. I have always found him starightforward and upright in his dealings.

HENRY THOMAS GUNNIS, 23, Alfred Road, Walthamstow, warehouseman to Flateaux and Company. I have had many years' experience at stocktaking. On Tuesday, January 2, 1908, I assisted Palmer at 44, Mfddlesex Street from 7 p.m. till about 2 or 3 a.m. When I got there the stock on the upper floor had been put straight and the quantities marked on slips on each lot by prisoner's staff. I found no empty boxes. Prisoner and some of his assistants were there, and the stocktaking was properly done. Prisoner gave the prices.

Cross-examined. I was there two evenings. I give the date from memory.

EDWARD CHARLES FAULKNER, 6, Maxwell Terrace, Westminster Bridge Road, warehouseman to Flateaux and Company. About the first or second week in January, 1908, I assisted with Gunnis and Palmer in taking stock at 44, Middlesex Street; I was there from about 7.30 p.m. till about 12 p.m. There was a descriptive ticket to each box or bundle which I checked; I found one or two mistakes, not many. I was upstairs; Palmer was downstairs with prisoner.

Cross-examined. I was working in my own time, and was paid by Palmer who got his remuneration from prisoner.

(Thursday, February 17.)

FREDERICK WILLIAM ALLEN, recalled. I am a member of the firm of A. C. Palmer and Company, chartered accountants, Railway Ap-proach, London Bridge. My firm has no connection with the witness. Palmer. On September 7, 1908, I was appointed trustee in prisoner's bankruptcy, certified on September 8. In prisoner's amended statement of affairs his liabilities are stated at ₤ 14, 681 8s. 7d.; assets ₤ 5, 625 14s. 3d.— deficiency ₤ 9, 055 14s. 4d. Balance-sheet of January 1, 1908, shows an excess of assets over liabilities of ₤ 5, 639 12s. 1d.— showing a difference of about ₤ 14, 700. I took the stock-in-trade over from the Official Receiver, who had been in possession from August 21 up to my appointment, and have realised by a sale by tender the stock which is returned at ₤ 5, 625 14s. 3d., for the amount of ₤ 2, 313 5s. 6d. The goods account filed by prisoner show*s

stock in hand on January 1 ₤ 9, 311 2s. 7d., being amount stated in Palmer's balance-sheet on January 1, 1908, less the following deductions: "Stock taken in error being amount of purchases from January 1 to 18, 1908, ₤ 298 12s. 7d.; Goods taken, not invoiced, which were subsequently returned ₤ 300; Estimated over valuation of stock on account of shorts in boxes and shelves, the contents not having been examined in many instances, ₤ 1, 500; total deduction ₤ 2, 098 12s. 7d., leaving ₤ 7, 212 10s. The ₤ 1, 500 of shortages would represent about 5, 000 or 6, 000 pairs of boots. On the side of the goods account, showing to whom and for what the goods have been disposed of, contains a note, "The above particulars are the only account of sales that can be produced owing to portions of the books being burnt." The Goods Account shows purchases between January 1 and August 14, 1908, ₤ 16, 214 9s. 3d.; added to the amount of goods on January 1 as given by prisoner, ₤ 7, 212 10s., shows a total stock in the eight months ₤ 23, 426 19s. 3d., from which deductions are made of ₤ 567 11s. 10d., leaving ₤ 22, 859 7s. 5d. The deduction consists of goods sent to retail shops and returned ₤ 453 16s. 4d. and ₤ 30 and ₤ 83 15s. 6d. for goods charged by T. Brown and Company on August 18, but stopped in transit. In the Goods Account I find prisoner has accounted for goods sold and to whom sold ₤ 6, 220 19s. 10d.; that includes goods sold by auction and sales to Harris Napper, Asher Richman, and the retail shops. On the next page is January 1 to August 27, Sales of stock through bank ₤ 9, 230 2s. Id. (including the ₤ 6, 220 19s. 10d., of which there is a detailed account); Cash sales not passed through bank, ₤ 4, 544 7s.; making a total of ₤ 13, 774 9s. Id. of cash received for goods sold, and leaving a difference of ₤ 9, 084 18s. 4d. of goods to be accounted for, for which the following items are given: (1) Damage to stock by water on two occasions, ₤ 800; (2) Stock lost by robberies, ₤ 250; (3) Estimated deficiency between cost and sale on realisation of stock by auction, ₤ 2, 796 5s. 1d.; (4) Book debts incurred since January 1, 1908, and due at the date of receiving order, ₤ 521 5s. 1d.; (5) Stock on hand at date of receiving order ₤ 5, 275— making a total of ₤ 9, 652 10s. 2d., and showing that the prisoner is accounting for ₤ 567 11s. 10d. more than he had to account for. The ₤ 2, 798 5s. Id. loss on sales by auction would represent a very large quantity of goods. From the auctioneers I have received an account of sales amounting to only ₤ 573. In the boot trade it is not unusual to dispose of small quantities of old or surplus stock by auction. As against the ₤ 5, 275 stock on hand I took the stock at selling prices at ₤ 4, 545, which would represent about ₤ 4, 000 or ₤ 4, 100 cost, with the usual 10 per cent, profit deducted, or ₤ 1, 100 less than the prisoner's statement. I have ascertained that prisoner has purchased from January to May, 1908, goods to the amount of ₤ 6, 101 4s. 9d., and from June 1 to August 14 ₤ 9, 445— that is, taking the date of invoice, delivery being a day or two later. The total sales in June, July, and August, which are given in detail in the goods account, are ₤ 2, 372 7s. 1d.— being ordinary sales ₤ 1, 011 4s. 4d., auction sales ₤ 535 19s. 9d, sales to Asher Richman ₤ 375 3s., and to Harris Napper

₤ 450— leaving a balance of goods to be accounted for in June, July, and August of ₤ 7, 173. During June, July, and August the amount paid into bank is ₤ 3, 587 13s. 1d.; cash received as proceeds of sales ₤ 1, 625, making ₤ 5, 213, as against purchases for June, July, and August of ₤ 9, 545, a deficiency of ₤ 4, 331 of goods which is unaccounted for. Then the prisoner shows by his cash account that he paid for goods purchased between January and August in cash ₤ 2, 031. In the cash account I have receipts of cash for goods banked ₤ 9, 230; ditto cash, ₤ 4, 544; making ₤ 13, 774 9s. Id. Expended on goods since January 1, bank ₤ 2, 226 1s. 10d., cash ₤ 105 9s. 6d., making a total of ₤ 2, 331 11s. 4d. paid for goods bought from January to August. Then money paid for goods bought before January, 1908, ₤ 6, 164 18s. 8d. The goods which prisoner, in fact, bought after January 1 come to ₤ 15, 600, on which he has only paid ₤ 2, 331 11s. 4d. Turning to Palmer's balance-sheet of January 1, 1908, there is trade creditors ₤ 2, 471, bills payable ₤ 3, 482— total, ₤ 5, 954, as against ₤ 6, 164, which prisoner, in fact, paid for goods bought before January 1, 1908, a difference of ₤ 210. That strongly confirms the accuracy of Palmer's balance-sheet. There are, then, four items for outlay in fitting up retail shops during 1908 amounting to ₤ 1, 040— that is, irrespective of stock. The amounts shown in Palmer's balance-sheet as expended in opening shops in 1907 is ₤ 841 3s. 6d.; I have admitted a proof of another firm who did work on 160, Commercial Road, of ₤ 169, making a total of ₤ 2, 050 expended upon the shops; for that expenditure all prisoner received on the sales of the shops was ₤ 241 19s. 3d. The cash account further shows paid away in repayment of loans from April to August, 1908, ₤ 896 15s. 8d. I have been unable to find any records of such loans either by entries or documents or corroboration of any kind. The amount paid in repayment of loans to Charkin Marks is ₤ 349 11s. 8d. The amount stated to be paid by Asher Rich-man is ₤ 350 by the 10 ₤ 20, 10 ₤ 10 notes and 10 ₤ 5 notes, which have been traced. The books are in the same condition as when I received them. The sold day book has the pages relating to January, February, March, and April, 1908, entirely burnt away; the rest of the book is decipherable. The bought day book has nearly all the used portion burnt; the unused portion is practically uninjured, the edges being slightly scorched. The cash book is burnt out from October, 1907, to the date of the receiving order where there should be the details amounting to ₤ 4, 544 cash stated to be paid without having gone through the bank and which I am therefore unable to check.. The bought ledger is partially destroyed, but the accounts are readable in parts of the book. In the sold ledger pages 385 to 426 are burnt out, including Harris Napper's account, page 414. Pages 303 to 330 are also burnt. I have received no bill books. Bundle of other books produced has been examined by me; they are only damaged on the outside; they are unimportant books. I have received no information from the prisoner with regard to 1, 804 pairs of boots missing from 44, Middlesex Street, and have been unable to discover any entries regard to them. Goods were delivered by Hawkins, August 13, ₤ 136 10s.; Roberts, August 14, ₤ 63 3s. 1d.; Thomas Brown and Co.,

August 14, ₤ 107 2s. I can discover no record or information with regard to what has become of them. The last entry of a sale is on August 26, South and Co., auction, ₤ 47 11s. 1d.— those goods must have been delivered to South and Co. before the Official Receiver took possession on August 20. They did not include any of the goods delivered by Hawkins, Roberts, or Brown on August 13 and 14. There is no evidence what goods they were. I tried to get them identified, but could get no information. The auctioneers' list produced gives the number of pairs and the prices at which they were sold. After my clerk, Leighton, had reported to me I communicated with Hawkins, Roberts, and Brown at the end of September, 1908, and they examined the stock.

Cross-examined. Harris Napper was privately examined with reference to the transfer of 77, Wentworth Street; I commenced an action to set aside the sale; he put in a defence and I abandoned the action. A similar course was taken in the case of the sale of 160, Commercial Road to Asher Richman— he was privately examined, an action brought against him to set aside the sale as being fraudulent, defence put in by him, and the action abandoned by me; the same with regard to the sale of 20, Wentworth Street. I did not apply in the Court of Bankruptcy for an order to prosecute the prisoner with respect to the burnt books. I applied for an order to prosecute in October or November, 1909, the books having been in my possession since September, 1908. I did not apply for an order to prosecute in respect of the alleged removal of 1, 804 pairs of boots and shoes in August, 1908, or of non-disclosure of what had become of them. I did apply for an order to prosecute in respect of non-disclosure of what had become of the goods of Hawkins, Roberts, and Brown. The order was made in respect of offences under section 11, sub-section 1. It was a general order for non-disclosure, but it did not specifically include the 1, 804 pairs. I received about 40 books altogether. A day book was kept showing sales on credit. Cash sales were entered in a rough sale book, of which there are several in Court, and from which the day's takings were entered in a lump sum in the cash book. Amounts received from customers where credit was given appear to be entered separately and the goods sold for cash are added. The cash sales were not entered in the day book. I have not got the rough sales book relating to 1908. All the entries in the cash book should be found in other books and if they were here the burnt portion of the cash book could be written up. I have checked all the payments which went through the bank account and have found them correct. I have not received the expenditure book. I have the bought day book and the pass book. There may be an expenditure book and a duplicate invoice book of goods sold. From those books the cash account could be made up. The sold ledger could be reconstructed from the sold day book and the invoice book. The sold day book is partially destroyed, some of the invoices are in existence, but not all. Harris Napper produced in his examina-tion monthly statements of goods supplied to him from which, if accurate, his account in the sold ledger could be made up. The bought day book would contain the invoices sent in by the creditors and the portion

burnt could be made up by obtaining copy invoices from them. The prisoner was given the assistance of an accountant by the Court to prepare the accounts which had been produced. Prisoner stated to me that he owed money for loans. One was of ₤ 100 from the Prudential Assurance Company on his life policy. I found that correct. I do not think it is entered in the books. It was a private loan. Prisoner gave me the names of the lenders of the other loans, which are set out in his statement; I have not made inquiries of those persons. So far as I know, he had only one banking account. With regard to the item of cash which did not go through the bank I have no materials from which I can verify or negative it. I have not made inquiry as to whether prisoner's account of the damage by water is true or false. I find his account of book debts practically correct and the stock in hand taken at the selling price is also practically correct. I cannot say whether the sales of Hawkins,, Brown's, and Roberts, goods are included in the cash item, ₤ 4, 544 7s., except that there are no payments shown in the account at that date amounting to anything like the value of their goods. The items ₤ 625 for fixtures, fittings, etc., may include structural alterations, which the landlord would get the benefit of on bankruptcy. I cannot tell you if the ₤ 169 is for building a wall which the landlord would get the benefit of, as also any structural alterations included in the ₤ 1, 040. The movable fittings could be taken out. I made no inquiries of Charkin Marks with regard to the loans or their repayment. There is an index to the burnt ledgers; all accounts I have referred to I found in the index and I could tell whose accounts had been destroyed. Napper produced his invoices in his private examination. I received rough sale books containing goods sold on credit and including sales to Napper. The 1, 804 pairs of boots are included in the first stock list made by Leigh ton. I have not been able to trace the removal of any of them and the charge rests solely upon the difference between the first and second stock list. I have traced none of the goods delivered by Hawkins, Roberts, or Brown. The Official Receiver was in possession from August 21 to September 10. The sales by auction of which I have South and Co. 's account amounted to ₤ 573 0s. 10d. between May, 1908, and the receiving order.

Re-examined. From January to May, 1908, the sales by South and Co. amounted to ₤ 240. I discontinued the actions against Harris Napper and Asher Richman because the committee of inspection came to the conclusion that, if successful, nothing could be recovered from then,. We did not have Charkin Marks and other suggested lenders examined because it would have cost a lot of money. There is nothing to indicate whether the goods damaged by water are included in the losses on the sales by auction.

Mr. Muir submitted that on counts 1 to 6, referring to the transfers to Harris Rapper and Asher Richman, under section 13, sub-section 2, of the Debtors' Act, 1869, there was no case for the Jury (Arch bold, p. 1, 150; Be Cranston expte. Craneton, 9 Morell's Bankruptcy Reports, p. 160, 8 "Times" L.R., p. 504). There was no evidence fit to be left to the Jury on counts 13, 14, 15, and 16, charging removal or concealment with intent to defraud creditors of 1, 804 pairs of boots and shoes, there being no sufficient evidence that the goods were on the premises or that they had been removed by the prisoner (Archbold, p. 1, 135).

With regard to counts 7 to 12, relating to the destruction and mutilation of boob there was no evidence against the prisoner (assuming the books to have been intentionally injured); further, there was no sufficient evidence that the books had been injured other than by an accidental fire. On counts 17. 18, and 19 relating to the goods received from Hawkins, Roberts, and Brown and Co., there was no evidence to show that the goods had been disposed of other than in the ordinary way of the prisoner's trade.

After argument,

The Recorder held that on counts 13 to 16 the evidence amounted to great suspicion, but suspicion only; there was not specific evidence on the subject matter for the Jury to act upon, and those counts would be withdrawn. On the other counts he held there was evidence for the Jury.

(Friday, February 18.)

(Defence.)

JOCOB RICHMAN (prisoner, on oath). I came to England 20 years ago and started selling boots from a barrow; three or four years afterwards I took a room at 110, Goulston Street as a store, selling from my barrow outside. About seven years ago I opened a shop at 20, Wentworth Street, continued it for a short time and left, retaining the lease up to August, 1908. About five or six years ago I started a wholesale warehouse at 44, Middlesex Street and reopened the retail shop at 20, Wentworth Street, at the same time giving up the room at Goulston Street; I retained those two premises until 1907. During 1907 I had a very bad year, losing over ₤ 1, 000 by bad debts and bad trade in the wholesale. I then opened retail shops at 77, Wentworth Street, 111, Commercial Road, and 160, Commercial Road. I cannot read or write, beyond signing my name. I superintend the businesses with the assistance of young lads of 15 and 16. Cissie Coral has been my clerk for the past four or five years; she came to me at 14 years of age on leaving school; she has kept my books, written letters, etc. Palmer was engaged by me to check the accounts and take stock; I paid him ₤ 10 a year for checking and ₤ 5 for the annual stocktaking. 160, Commercial Road was not opened till March, 1908. In 1908 I could not get my debts in and I could do no business because I would not trust. Wholesale business got very bad; people said, "You open shops round in the neighbourhood— why should we buy of you? " and they would not come in to buy. In August I found I could not carry on business and consulted my solicitor, and on his advice sent out notices to my creditors and to my bank to retain my balance of ₤ 114 for the creditors. I paid Mr. Allen a fee of ₤ 20 to take stock at 44, Middlesex Street, which he did on August 20. On August 21 a petition was presented and a receiving order made. In June, 1908, I sold 77, Wentworth Street to my wife's brother, Harris Napper. I sent for Palmer and told him it was ruination to me to keep on the retail shops. Palmer advised me to sell them. I went to see Napper; he came to 77, Wentworth Street and we came to terms— he to take the stock there at cost price and the shelves at ₤ 8; but the more expensive fixtures were of no use to him and I removed them. Palmer took the stock, which amounted to ₤ 379. Napper paid me ₤ 102 by a cheque dated June 11 for ₤ 75 and a bill dated June 2 for ₤ 27 and gave me

bills for the balance. At that time Napper was dealing with me for boots, paying up at the end of the month. He paid also on June 11 ₤ 30, June 15 ₤ 25 by cheque, June 18 ₤ 40, 22nd ₤ 45, 25th ₤ 10, 29th ₤ 40. Those amounts were paid into the bank. Cissie. Coral, who kept the books, will give you a better explanation than I can. I arranged with the landlord to transfer the agreement to Napper. Some time in June I offered to sell 160, Commercial Road to a party who was willing to buy the goods at 30 per cent, less than cost without taking over the lease. I thought I had better close the shop and take the goods into the warehouse, but in the meantime I learnt that my cousin Asher was looking for a shop. Towards the end of July I sold the lease to Eleazar Napper, brother of Harris, for ₤ 150, of which Langley, his solicitor, gave me a cheque, on which there was some expense, and it appears in my bank book as ₤ 148 19s. 3d. I then sold the stock and fixtures, to Asher Richman for ₤ 356 8s. and ₤ 65. He asked me for time to get the money and the sale was completed by Mr. Hind, who gave me his firm's cheque, as he has stated, on July 2 for ₤ 421 8s. The other two shops, 20, Wentworth Street and 111, Commercial Road, were advertised for sale in the "Daily Chronicle" on the advice of Mr. Craig, the secretary of the Boot Trade Protection Society. We had no reply. I offered the shop to Harris Napper, who proposed to sell 77, Wentworth Street and buy No. 20. In the middle of August he purchased it for ₤ 390 for the stock and ₤ 20 for the fixtures, giving me a cheque for ₤ 410, which went into my bank. Palmer took the stock. I do not know where Harris Napper got the money. A few weeks after my bankruptcy I moved from 160, Commercial Road, where I was living in rooms over the shop, to Westcliff. In October my wife learn that Napper was giving up 20, Wentworth Street, and some of my creditors, on security giveta by her relatives, advanced stock for her to open the shop; she became a weekly tenant at 32s. a week and I afterwards assisted her as manager. She previously had a shop at 215, Whitechapel Road, which she had given up. She afterwards took 160, Commercial Road. Charkin Marks came down to Westcliff and asked her if she could buy it. My wife offered to find ₤ 100 and give bills, which were endorsed by friends of hers. He accepted that and about the end of August or beginning of September, 1909, she took it over. Other people were living in the rooms. They moved out and we went to live there in November, 1909. In the second or third week in January, 1908, Palmer made out the balance-sheet of 44, Middlesex Street. I have made certain deductions from that balance-sheet which are correct to the best of my recollection. On, two occasions in June and July, 1908, water pipes burst at 44, Middlesex Street and damaged a lot of boots and shoes— there was a lot of expensive coloured shoes which were spoilt and were sold for a very low price. I estimate the loss by that at ₤ 800. Hawkins', Brown's, and Roberts's goods were delivered as has been stated. They were all specially ordered for customers and were sold for cash immediately they were received. The amounts were all entered in the cash accounts and I handed some of the money to the trustee. On August 7 I was up in the top floor when I heard screaming, came down stairs and

found the office on fire. Some carpenters had been making a window case and putting up a shelf for the books; a pipe of the gas stove had broken, it had caught light and the office was full of flame and smoke. Men were repairing the road outside. They came in and put the fire out with pails of water. The books were injured by the fire. I told Cissie Coral and Zetta to ascertain the amounts of the book debts where the accounts had been burnt. The books were put into the safe, which was locked and the key taken charge of by Coral, who the next day went to Margate for her holidays, taking the only key with her and returning on August 18 or 19. On the 19th the books were handed over to Mr. Allen— his clerk, Leighton, came on August 21 to take the stock.

Cross-examined. I filed a cash account in my bankruptcy showing receipt of ₤ 9, 230, which went into the bank, and ₤ 4, 544 which did not. It was the system in my business to pay cash out of the takings for goods purchased. We had receipts for all cash payments, which were delivered over to Mr. Allen. I left it to Palmer to check these things and paid him ₤ 10 a year for doing so— unfortunately he did not do the work. I cannot say whether he saw the receipts. In my cash account I state repayments of loans amounting to ₤ 896; I cannot say if there are any entries in my books relating to the loans. I cannot remember how much I borrowed from Marks. I wanted the loans for business purposes in the latter part of 1907— from August to December. Charkin Marks lent me ₤ 450 and had acceptances at about six months. Part of these are in the bank pass-book. They were paid back about Easter, 1908. Coral used to take the money to him and get back the bills. The bills were put among my papers with my ordinary trade bills— they were left in the warehouse when Mr. Allen took possession. Some of the payments appear in my passbook. I do not know if they were entered in the bill book. There was a bill book. Other loans were made to me by Koski and Shapiro on bills. There was a loan from Keighley of ₤ 57 4s. I did not tell Palmer that I had no liabilities outside my business. He was aware I had a loan. He assisted me to get a loan of ₤ 200 from a society. If he said he did not know about the loans he was not speaking the truth. Palmer knew that Magnus had advanced me ₤ 200; he knew I had loans from Koski, Shapiro, and from Marks— I told him about them personally. Palmer absolutely ruined me. I put all my confidence in him. He said what he did to get out of it because he would be blamed by his firm, from whom he got me ₤ 200, which I put into the bank in February. Palmer knew I had other liabilities. I know the liabilities to Charkin Marks are not included in the balance-sheet. I did not make the balance-sheet and did not understand it. I got the particulars of the loans stated in my cash account from Marks. There are entries of them in the pass-books. I told Palmer that I had had a very bad year in 1907; I must have lost a nice lot of money. He tapped me on the shoulder and said, "Do not worry— everything is all right." I did not know my other liabilities were not included. I cannot say whether Palmer showed the balance-sheet to Flateaux and Co. before they lent me the ₤ 200. I do not know that Palmer showed

in the profit and loss account for 1907 a gross profit of ₤ 1, 779— he did not tell me so. I had more likely lost ₤ 1, 779. He did not tell me there was a net profit of ₤ 314 10s. 11d. I lost money in 1907 by bad debts and by having such a terribly bad year. I cannot suggest any reason why Palmer should draw up a false balance-sheet— I only tell you what happened. Eleazar Napper, to whom I sold the lease of 160, Commercial Road, is my brother-in-law; he is a schoolmaster and secretary to several societies, his age is 25; he married about August, 1909, the lady he was engaged to when I sold him the lease. I offered it to him at ₤ 150 and he accepted it after a day or two's consideration. I do not know here he got the money He earns about ₤ 5 a week. He is not here. Asher Richman is a general dealer and a wholesale stick manufacturer; he has been 17 years at 8a, Crispin Street; he used to buy about ₤ 6 worth of boots a week from me regularly. I do not know where he got the ₤ 400 to buy the business from me. I do not know whether he borrowed the money from Charkin Marks or not. Marks is a tobacconist and moneylender; he is the father-in-law of my cousin, Asher Richman. Harris Napper had the same stall in the street that I had had; he was a man to make money as good as I was. I knew he did not want to pay the money for the business at once. I did not tell Palmer I was surprised he had the money. I sold the shop to him because I wanted to get the trade, and as I had dealt with him for five or six yean. I had put down ₤ 1, 500 as overstatement of stock in Palmer's balancesheet of January, 1908; that is an estimate; when I failed and found such a big loss I asked my people and tried to account for it. I also estimate to have lost ₤ 800 through damage by the water pipes bursting; and ₤ 250 from losses by robbery during eight months; customers were frequently found to have stolen boots. I have estimated a loss of ₤ 2, 798 on sales of old stock by auction and in job lots in the warehouse and from the shops. I had old stock that had been there for years, and sold it at a loss of from 30 per cent, to 70 per cent. In June, July, and August, 1908, I may have received ₤ 9, 545 worth of goods. During 1907 I had a bad year, but had ordered large quantities of goods which the manufacturers were pressing me to take delivery of, some charging me interest for holding it over and insisting on sending it in; it had been ordered from three to ten months before. As I had to take it I sold off large quantities of the old stock. I told Morris I should lose 10 per cent, by taking his goods, and offered him that to let me off. He said it was too late to sell the stock elsewhere. I may have had goods delivered from January to August, 1908, to the amount of ₤ 15, 730, of which I only paid ₤ 2, 331; I paid ₤ 6, 160" for goods delivered before January, 1908. When I sold goods received from one man I paid another. The goods I received from Hawkins, Roberts, and Brown were a regular line, of which most were sold wholesale immediately they came in for ready cash, and therefore are not shown in the goods account. My people will give you a better explanation how the goods came in and went out. They came in after the books had been burnt. I do not know if there is any sort of account to whom those goods were sold; I never interfered with the

sale. I should say of the ₤ 306 worth of boots received on August 12 to 14 we sold over ₤ 200— my people will be able to give an explanation. I have many customers who would buy 200 pairs of boots or 500, and pay cash; most would pay in coin or bank notes. I hate given an account of what became of the money. I gave ₤ 12 10s. back to the Official Receiver on August 26. Boots priced at, say, 8s. 4d. or 9s. 3d. I should probably sell at the same price, my profit being the trade discount of 6ƈ, 7½, or 12 per cent. The money is included in the ₤ 4, 544 shown as cash receipts in my statement; I had three weeks' living; ₤ 50 I kept for myself when I saw the bankruptcy was coming, of which I gave an account to the Official Receiver. There would probably be 50 or 60 pairs left which were in the warehouse. You will find my explanation in my examination. I paid wages up to August 27. I got ₤ 3 damages from the fire; I claimed ₤ 6. I can only give you the explanation that the carpenter gave to the firemen as to how the fire arose. Most of the books were on the shelf which the fireman broke down as he tried to take the books off. More boob were burnt than are here. All the damage to the books has been done by that fire.

Re-examined. With regard to payments, if we had cash we paid in cash; if not, I used to give a cheque or bills. Cheques were sent to country people. I used to bank money in hand. On many occasions I had no receipts. I first borrowed money from Charkin Marks in the latter part of 1907. It was at first repaid by cheques or bills. On one occasion a bill came back; Charkin was annoyed, and I afterwards paid in cash. My cheques were always met. When I gave up the retail shops I required more stock, because the wholesale is always a bigger trade than the retail. I generally had three to six month's credit; sometimes the bill was renewed. In 1908 the 1907 bills were falling due, and I was paying right up to August, 1908, for foods delivered in 1907. You will find the amounts in the pass-book. I was paying Flateaux in August, 1908, for goods received in 1907. No one had access to the books after August 7 until I called in Mr. Allen; they were locked, and Coral had the key.

(Monday, February 21.)

CISSIE CORAL, 94, Rothschild Buildings, Commercial Street. I was formerly clerk to the prisoner, and am now in the employ of his wife. While employed by prisoner I kept the books entirely; prisoner never examined them or knew what was in them; he cannot read or write; he never interfered with the books. On August 7 when the fire occurred I had gone home for dinner and returned about 3.30 p.m. I could not get into the office on account of the smoke. When I got in prisoner told me to look through the books and get the particulars out as well as I could. Looking at the books produced they are in the same condition now as when I saw them on August 7. The particulars I could not get from those books I got from the invoice books and from the bills sent in. Zetta, the warehouseman, assisted me. The warehouse was not opened on Saturdays. On

Friday night, August 7, after we had taken the particulars, Zetta put the books in the safe, which was locked, and I kept the only key there was. I left the next morning for my holidays at Margate and took the key with me, returning on the 18th or 19th, when prisoner told me not to proceed with any work as Mr. Allen's clerks came in to check the books; the books were then handed over. There was an invoice book, which contained a carbon duplicate of the invoices sent out containing the customer's name and the number and particulars of the goods. The invoice books were kept in a desk in the warehouse. They were there when the trustee took possession. Returns were made from the retail shops which were not entered— the boys generally put the goods into stock without telling me. Sales at 44, Middlesex Street were mostly for cash, the customers paying on taking the goods. Many bills for goods received would be paid by cash by me from the till; others by cheques. The wages were paid from the takings by me. I heard of the delivery of goods from Hawkins, Brown, and Roberts, and that they had been sold to customers; the sales are in the invoice book with the date, quantity, and names of customers. Mid-August was our busiest time because the Jewish holiday is in September and a large quantity of goods are bought at that time. Prisoner had loans of which I had all the particulars and which were entered in the "loan book, ' a narrow, long book— they were paid in cash and the money was paid into the bank. A bill was given, which was entered in the Bill book; that was left in the warehouse. There were loans from Tennebaum, Tobias, Barnet, Adler, Koski, and Charkin Marks. I have paid money to those persons in respect of loans. I remember in June and July, 1906, the water pipes bursting; the goods were damaged and were sold to various people for cash in job lots at very low prices. On a good many occasions we had boots stolen, some by customers. About August 12, while at Margate, I wrote letters to several creditors asking for a statement of their accounts and of the bills, owing to our accounts being destroyed by the fire. I kept an expenditure book— it was a long narrow book; in it were recorded payments to workpeople and others. Napper's account in the ledger was burnt. He had a monthly account showing goods supplied and payments made. Accounts with Napper are produced to me from May 1 to August 10. They are in my writing. They show goods supplied in May ₤ 122, less discount ₤ 111, and showing that the whole of that paid; then there is a cheque, June 8, ₤ 30; June 11, cheque ₤ 75— the receipts are in my handwriting; June 15, ₤ 25; June 18, ₤ 40; June 22, ₤ 45; June 24, by return, ₤ 49; June 25, cheque ₤ 10; June 29, cheque ₤ 40. All those cheques went into the bank. There is a summary of goods supplied to Napper during the month ₤ 73 net; goods supplied in the sale of the shop ₤ 379; there is a credit by returns, and ₤ 404 10s. is shown to be due from Napper on June 30. Then a summary of the cheques I have mentioned is credited and a balance of ₤ 112 is carried forward. On July 1 there is a bill for ₤ 30 receipted by me; July 13, cheque ₤ 45; July 20, cheque ₤ 50; July 28, cheque ₤ 45— all receipted by me; then a summary on July 31 of goods sup

plied net ₤ 114 with a balance forward ₤ 112, making ₤ 226; cheque ₤ 170; balance forward ₤ 56. The cheques and bill went into the bank. On August 5 there is a credit by returns ₤ 27; August 10 cheque ₤ 25, receipted by the prisoner. There is a cheque of August 12 by Napper for ₤ 410 and a receipt for ₤ 410 for the stock in trade and fixtures of 20, Went worth Street. From those accounts and receipts anyone could make a copy of Napper's account in the burnt ledger; they were all made out by me on the dates they bear. Prisoner drew money for his private and household expenses from the cash in the warehouse, which was entered in the expenditure book.

Cross-examined. I am 20 years of age. I went into prisoner's employment at 14 on leaving school. I have kept prisoner's books ever since— I had some instruction in book-keeping at school. We had a set of books. After the receiving order I was out of employment till December, 1908, when I was employed by prisoner's wife at 215, Whitechapel Road, until the end of July, 1909. Since September, 1909, I have been in her employment at 160, Commercial Road. I had nothing to do with 20, Wentworth Street. I always went for my holiday in August. In 1908 I went away on August 7 to Margate and remained 10 or 12 days. I wrote letter (produced) and several others while at Margate, signing "J. Richman— C." On August 10 I received a telegram from prisoner to come to London, and returned that evening. Meantime, prisoner sent me another telegram (produced) to say that he was coming down, and I returned to Margate the next morning. I did not go to the warehouse, but went to prisoner's house. The loans I have mentioned passed through my hands. There was one from Charkin Marks in the latter part of 1907 for which bills were given which were paid by cash. Last Friday (February 18) I went to the trustee's office for the expenses book but could not find it— I was shown a number of books. The loans were not entered in the bill book but in the loan book so as not to interfere with the trade accounts. I repaid Marks in money when the bills became due; he would return the bills, and they were put amongst the trade bills that we had back from the bank which were kept in a drawer, and which were handed over to the trustee when he took possession. I remember his taking all the bills away; I am certain they cleared out all the drawers. I did not see the bills at the trustee's office— I did not look for them; I went to look for some letters and could not find them. When I left the letters were all done up in separate parcels according to the dates, but I found at the trustee's office they were all in confusion. I remember at the time the Official Receiver took possession the expenditure book, bill books, etc., were all there, and he took away all the books and documents. I paid Tennebaum for repairs to the burst water pipes, and had a receipt, which is amongst the other receipts. I paid ₤ 410 in respect of 160, Commercial Road, to Tennebaum, Tobias, and Barnet; I cannot remember how much to each; I had receipts. The goods delivered in August, 1908, were of a special American shape, for which various customers had asked— Charkin Marks, Soper, and others— there was a run on that shape. Hawkins's, Robert's, and Brown's boots were sold to Marks, Soper,

and others. I do not know if invoices were delivered; when I came back from my holidays Zetta gave me particulars. I got the money from Soper and Marks; they had paid a deposit, and they paid me the balance which I gave to prisoner; I do not remember how much it was.

Re-examined. Receipt to Harris Napper for cheque ₤ 25, dated August 10 (produced), was signed by me after I came back from my holidays from particulars given me by Zetta. I left 44, Middlesex Street immediately after the Official Receiver came into possession and never went back. I have since seen none of the books or documents until I saw them there. The paid bills, both from the bank and for loans, were altogether in a drawer and were handed over. All the letters were done up in packets in order of date, and the dates stated on the packet; they are now all mixed together; it is impossible to find anything.

MOSS ZETTA. I am a boot cutter, now employed at 8, Shepherdess Walk, City Road. I was in prisoner's employ for 3½ years until the Official Receiver came in. There was also Miss Coral and about half a dozen lads of 14 to 18. My duties were confined to the warehouse at 44, Middlesex Street. I had nothing to do with the books. Palmer came to take stock about the third week in January, 1908. Business was going on as usual up to 8 p.m. Two chaps came with Palmer, one of whom I sent upstairs to count a lot of stuff that had been mixed up. Palmer was there from a little before 8 p.m. to 11 p.m. on three days, and I stayed to assist in the stocktaking. The boys had put the stuff straight during the day and sorted the goods so that they could be counted; tickets were put on the boxes containing the quantities. I called out what was on the ticket, which Palmer wrote down in the book, prisoner stating the prices. It was from the marked quantities alone that the figures were given. In the early part of August, 1908, a quantity of goods came in from Hawkins, Roberts and Brown; they were of the American shape, which was in great demand at that time; they were sold very quickly to different customers, who were in a hurry to get them because it was just before the Jewish holidays. I remember in June and July water pipes bursting on the third floor; a large quantity of water went through the floors and flooded the place, injuring a large quantity of boots, which I sold off to job buyers. I found some days afterwards boxes filled with water and the boots and the boots shrunk and spoilt; very low prices were got for them; there were all kinds of boots. We frequently missed boots which were stolen by customers. On one occasion I caught a man taking a pair and called prisoner's attention to him, but he would not prosecute him. I remember a fire occurring in August. Prisoner and I were on the top floor. We heard holloaing, rushed down, and found the office in flames. I rushed about to get some water; some men were doing the road outside who came in with pails, and we put it out. There was a flame right up to the ceiling. There were some carpenters at work making a window case. The books were being used. Some were on the shelves and some were on the desk, and they were injured. Coral and I went through them to see if she could get particulars out. The five books (produced) were

then put in the safe. I should say they are now in the condition in which they were after the fire. The safe was then locked and Corel took the key; that was the only key we had. We sold old stock by auction. When I first went there there was a lot of very old stock of extreme sizes, and in order to make them saleable I added medium sizes from the new stock, and we got rid of them.

Cross-examined. There were not 5, 000 or 6, 000 empty boxes on the premises when Palmer took the stock. Two days afterwards I went to get some children's sizes and found the number on the outside was wrong; there was an empty box which should have contained 18 or 24 pairs of children's boots— the boys had put the number down without counting them. I asked the two boys about it, but each of them denied it was his fault. I did not very often find an empty box. I should say most of the boxes in January, 1908, had boots in them, The fire was out just before the firemen arrived. The American shaped goods delivered early in August were sold to several people. Soper bought a decent parcel— about £120 worth. I took some of the money in cash on account; the rest was paid when he took the goods— I cannot be sure whether it was cash or cheque. I did not make out the invoice; I very seldom interfered with the invoice book, but I used to give Coral the particulars on a slip of paper and she would do the invoices. Marks bought a lot and a number of people bought quantities of a dozen or three dozen. When I shut up the warehouse I went round to prisoner's house and gave him the money.

Re-examined. When I got down to the office the flames were up to the ceiling and the back part was all alight. I should say it continued half an hour. After the Official Receiver came in I applied for a situation at Webber and Co., where I had been 18 years ago, and I was taken on the following week.

(Evidence in Rebuttal.)

EDWIN AMOS WHARTON, inspection clerk Official Receiver's department, Bankruptcy Buildings. On August 28, 1908, I went to 44, Middlesex Street and removed all books and papers that were on the premises in the safe, the office, and elsewhere. The books in the safe were covered with mildew. There were some papers in the drawers tied up in bundles. I conveyed them to Bankruptcy Buildings, where they were entered in the register of debtors' books by Webb.

Cross-examined. Coral and Zetta were there. I asked Coral where the current books were kept. She said, "In the safe." I believe our caretaker, who had been in possession a week, had the key. There were some papers in a desk. I took everything that was in the saw and from the drawers of a desk in the office; at the top of the building there was a large quantity of old books. I moved everything I could find— I had a van load. I searched the premises thoroughly.

Re-examined. Neither Coral nor Zetta pointed out any boob of papers other than those I took away.

JOHN WEBB, clerk to the Official Receiver. I keep the register of debtors' books. I received books in the prisoner's bankruptcy from

the last witness and made a list of the current books (produced). "Bought ledger, private ledger, sold ledger, four sold day books, one bought day book, cash book, address book, letter book, invoice book, four workpeople's account books, returns books, two pass-books L. and S.W. Bank, a packet of old policies"— that was the whole of the current books. In due course they were handed over to Mr. Allen, the trustee, and the book produced shows his signature on receiving them. The papers were taken over to our store and were afterwards handed to Mr. Allen— several boxes full. No bill book was found or it would have been entered with the other books— or acceptances book.

Verdict, Guilty on counts 3 and 4 and counts 17, 18, and 19. Not guilty on counts 1 and 2, 5 and 6, 7 to 12 (counts 13 to 16 withdrawn).

Prisoner was stated to have been in August, 1893, sentenced to three months' hard labour at Worship Street for stealing eight pain of boots, value 17s. 6d., from a shop.

Sentence postponed to next sessions; prisoner to remain in custody.

BEFORE MR. JUSTICE COLERIDGE.

(Tuesday, February 15.)

BETT, Francis William (26, seaman) , feloniously shooting Ernest Heasman, an officer of the Metropolitan Police, while in the execution of his duty, with intent to murder him.

Mr. Roome and Mr. Montague Shearman, jun., prosecuted.

Police-constable PERCY ATTERSALLproved a plan of the neighbourhood of Alexandra Road, St. John's Wood, and another of All Souls' Church and vestry.

Police-constable ERNEST HEASMAN, 169 S. On November 20, 1908, I was on duty in uniform in the vicinity of Alexandra Road. About 10.30 p.m. t entered the gate of All Souls' Church. By the vestry door I saw prisoner and another man. I said, "Hullo, what are you doing here? " Both men ran towards the railings leading to London Road; one succeeded in jumping over; I caught prisoner. He said, "It's all right, guv'nor, we have only just come round to do a job for ourselves." I searched him and found a combination tool and two pairs of pliers. I said I should take him to the station; he replied, 'You have made a mistake." I took hold of his right wrist with my right hand and with my left hand held the right side of his coat; his left hand was free. He walked quietly till we got outside 79, Finchley Road. He then suddenly raised his left hand towards my face; I saw something glitter; I ducked my head forward; I heard the report of a revolver and felt a scorching pain in the left side of my neck. prisoner said, "Take that, you bastard." I found afterwards that a bullet had gone through my helmet. I felt dizzy and let go of him for a minute; he then fired at me again, four shots going through my great-coat, one wounding me slightly in the right tide. I got the

revolver from him. He broke away from me, leaving his hat on the ground. (Hat produced.) I ran after him, but he got clean away. I was off duty for 14 days and was deaf for three weeks. On December 17, 1909, I went to Wormwood Scrubs prison and picked out prisoner from a number of men. I am quite certain he is the man who fired at me.

Cross-examined by prisoner. I am sure that after you fired the first shot I let go of you.

Prisoner. You did not. My intention was to get away from you, and if you had let me go I should not have stopped and fired the remaining shots.

EDWIN FINSEN GREENWOOD, Divisional Surgeon. On November 20, 1908, at half-past 11 p.m. I examined Heasman. On the left side of his face there was some discoloration; on his right side, about the ninth or tenth rib, was a contused wound, with very slight abrasion of the skin. He was suffering from prostration and nervous shock and was deaf. He was off duty 14 days. There were two bullet holes in his helmet.

EMILY BURKE, 64, Carla Street, Edgware Road. Prisoner and his wife lodged at my house in 1908; they called themselves Mr. and Mrs. Rogers; he was a soldier. Just after Christmas, 1908, they left me; they returned in about three weeks and stayed another six or seven weeks. I know Gurney; he occasionally called on prisoner. I have seen prisoner with the combination tool produced. I have seen him with a revolver.

WILLIAM GURNEY. I am a waiter at the Railway Hotel, West Hampstead. I have known prisoner about six years; I was at school with him. I saw him on November 20, 1908. We went together between 7 and 8 o'clock to All Souls' Church. I used to be in the choir there and I wanted to see some of the boys. Choir was all over and we went to a public house: afterwards we went back and made a convenience of the churchyard. The constable came in and I ran away. I did not know that prisoner had a revolver or housebreaking implements. Later that night I saw prisoner; he told me he had fired at the constable and he hoped he had not hurt him. The revolver produced I have seen in prisoner's possession; he told me it had been given to him by a man named Cooper. I know also that the combination tool produced is his.

Inspector GEORGE WALLIS, S Division. On November 20, 1908, about 11 p.m., I went to All Souls' Churchyard. I found a slight mark near the catch of the vestry window; it may have been effected with the tool produced. On December 17, 1909, I was present when Heasman identified prisoner; prisoner said, "I know nothing at all about it." On January 25 he was formally charged with the attempted murder; he made no reply. I afterwards saw him at his request, when he said, "I had no intention of killing him; I only wanted to frighten him, so that I could get away; I had the revolver in my right outside jacket pocket and when he commenced to search me I pulled it out and held it in my hand and put it back again when he had finished searching me. I never got on the 'bus, as stated by the

police constable; I hid in a garden in St. John's Wood Park until all was quiet, then walked home; I left some of the tools, a screwdriver, etc., in the garden I hid in; Gurney knew why I went into the church, as he put the job up; when he gives his evidence I shall have some funny questions to ask him." I went to the garden indicated by prisoner, but found no tools there.

Prisoner's statement before the Magistrate." I had no intention of murder; when I fired the first shot it was my intention to fire it over his head; when he saw the gleam of the revolver he jumped towards me, threatening me; I should also like to point out that the churchyard would be a much better place to commit murder than the Finchley Road; all the shots were fired at the right side of the body. I am very sorry I hurt the constable; I only wished to get away from him."

Prisoner now said he had nothing to add.

Verdict, Guilty of shooting with intent to maim, with the object of resisting his lawful apprehension.

Three previous convictions were proved. Prisoner is now serving a term of 18 months, hard labour, which will not expire until March, 1911.

Sentence, Seven years' penal servitude.

BEFORE THE COMMON SERJEANT.

(Tuesday, February 15.)

WILSON, Charles Frank (37, motor man) , feloniously marrying Mary Annie Gill, his wife being then alive.

Mr. H. E. T. Warburton prosecuted; Mr. H. W. Wickham defended.

MART ANN GILL. I was married to prisoner on August 20, 1905, at All Saints, Clapham, he representing himself to be a widower. (Certificate of marriage produced.)

ELIZA BEARD, 23, New Cut, Lambeth, wife of William Beard. I am the mother of prisoner's lawful wife, and was present at the wedding at St. Thomas' Cnurch, Bethnal Green in 1889. (Certificate of marriage produced.) My daughter is alive to-day. I remember prisoner going to South Africa. He used to send her money from there.

Cross-examined. Before the institution of these proceedings I had not seen prisoner for eleven years. My daughter has been living with me and with her grandmother all that time. She does not drink. 8he bad 21 days for stealing a petticoat. The sending of money to her was stopped by the Army authorities. It is false to say it was stopped because of her bad conduct. My husband has been a teetotaler I do not know how many years, and will not have her out of doors after nine o'clock at night, when the doors are all fastened up.

Sergeant JAMES PULLE, G Division. I did not arrest prisoner, but I charged him after he had been arrested. I have been informed by prisoner's wife that money was paid to her by the Army authorities from 1899 to 1902. When charged prisoner said, "I thought my first wife died in 1904."

Cross-examined. Prisoner has an excellent character, 12 years with the Army and seven years with the London County Council as a tramcar driver.

CHARLES FRANK WILSON (prisoner, on oath). I was first married 21 years ago, being then 17 years of age. My wife was four years older than I was. So far as I was concerned it was a terrible life we led. She was never at home and I was working 14 or 15 hours a day seven days a week. She was very seldom at home, and when she was she was practically always drunk and filthy dirty. After her conviction I left her and went into the service. I joined the colours in November, 1890, and on returning to England in December, 1898, I went straight to where my wife was living with her mother, and she was in such a shocking, filthy condition she was ashamed to let me see her. I went out while she washed her face; she could not change her clothes because she had none. After that I lived with her, and did the best I could with the savings of my deferred pay, which I spent wholly and entirely upon her, rigged her out and bought a home, and a little over two months afterwards everything was sold. The incident of the conviction was in March, 1899. I afterwards served in South Africa. As to the stopping of the pay to my wife I was in the Transvaal at the time, and one day I was called to the office-tent— which was the only tent we did have— and the sergeant-major said to me, "The allowance your wife has been receiving is stopped, " but he could not give me any particulars as to why that was. The only thing I know of that pay is stopped for is misconduct. I returned to England in 1902 and made inquiries for my wife, but heard nothing of her until the present year. When I went to see my mother in March, 1904, as soon as I got in the door mother said, "I have got some news for you." "What is that? " I said. She replied, "Eliza is dead." I had no reason to disbelieve it as mother was rather a truthful woman, and she thought a lot of me. My mother has been employed at the London Hospital for 22 years. I had a very good discharge from the Army, and for seven years I have been with the London County Council. When I married Mary Ann Gill she had no money. I married because I wanted the comfort of a home. I honestly believed my wife was dead.

Cross-examined. My mother told me she had heard from somebody that my wife was dead, and to tell you the truth I was rather pleased with the news. I did not take steps to verify the fact because I firmly believed what my mother told me, and she congratulated me on being able to live a little happier life. I did not know where my wife's friends were to be found.

SARAH ANN COPE , wife of George Samuel Cope and sister of the prisoner, deposed to hearing in March, 1902, that prisoner's wife was dead.

Verdict, Not guilty.

BEFORE JUDGE RENTOUL.

(Tuesday, February 15.)

RUSS, Alfred (23, gas fitter), and ROBINSON, John (60) , both conspiring and agreeing together to obtain by false pretences from Arthur Pollitt and others divers of their moneys and in pursuance thereof did obtain from the said Arthur Pollitt ₤ 5, ₤ 10, and ₤ 10, and from George William Hyett ₤ 5, in each case with intent to defraud.

Mr. Muir and Mr. Forrest Fulton prosecuted; Mr. Eustace Fulton defended Russ; Mr. J. P. Grain defended Robinson.

GEORGE WILLIAM MERRYFIELD, 411, Battersea Park Road. Prisoner Russ applied to me in March last in regard to an empty shop at 2a, Bridge Road, West Battersea. He wanted the shop to carry on the business of a builder and decorator, more as a receiving office for orders, I understood. He gave me three references. One was a Mr. Champion, another was J. Robinson, 22, Cleveland Street, Fitzroy Square, who wrote, " In reply to yours respecting Mr. Russ, I have known him some time as a respectable tradesman. He has done work for me satisfactorily and I should consider him quite up to the rent you name and should think he would prove a good tenant." I was quite satisfied with the references, and let him have the premises on a three years' agreement at ₤ 22 a year. He owes 30s. on account of the Michaelmas rent and a quarter's rent due Christmas. I visited him several times. I saw various goods in the shop, gas fittings, waste preventers, rolls of wall paper, etc.

Cross-examined. I wrote to all three references and was satisfied as to Russ's respectability. As far as I was concerned there were indicctions of an honest and legitimate business.

MARK MENGE , 49, Newgate Street, E.C. In December last I was anxious to dispose of my tenancy of some rooms at 49, Newgate Street. I advertised them and received a reply from Robinson. He took over the tenancy. One of the two references he gave was Russ.

FRANK HALL , clerk, "Daily Chronicle." On October 4 I received an order respecting an advertisement, "Wanted by established mechanic smart young man with some capital; duties partly office work. Address, Box 752, 'Daily Chronicle." On other dates I received similar orders. The advertisements were inserted in due course.

ARTHUR POLLITT , 340, St. James's Road, Old Kent Road. I am a shipwright. On October 5 I answered an advertisement in the " Daily Chronicle.", I received a reply requesting me to call at 49, Newgate

Street. I went there on the 8th and saw Russ and Robinson. Russ said he wanted a young man that could do a bit of clerical work and a bit of carpentry work. He said his business was getting too large for him to cope with. He said it was a plumber's and gasfitter's business. He introduced Robinson to me as a friend who shared the office with him, and who did his clerical work for him as he was no scholar. Russ asked what I was prepared to put into the businesshe said anything from ₤ 25 to ₤ 50. I said I would try and get ₤ 25. He said he wanted it as security against his trade with an option of partnership at the end of two months. He said he was not going to let me into the secrets of his trade unless some money was put into the business. He asked me how much I had with me then; I said ₤ 1. He said he could not accept less than ₤ 5 and as he was satisfied with my writing and clerical work if I brought another ₤ 4 by 2 o'clock I should have the appointment. I told him I had ₤ 4 in the Post Office and he said I could get it at an hour's notice by telegraph. I came back at two and handed him the ₤ 5 and took a receipt for it. I agreed to pay the balance on October 14. I commenced work on Monday, the 11th. He said he could not get on with any work then till the agreement was settled, and asked me to go round the West End to show me some of the work he had done. He showed me two houses in Westbourne Grove, 24 and 26, Colville Road, which he said he had done up in the summer. Then he showed me two in Lancaster Road, 132 and 168, which he said he had painted in the summer. Then he showed me a church which he said he had put in an estimate for and a church at Watford he had put in an estimate for building. That week I never left work later than two to half past. On the 13th he asked me if I was going to fulfil the agreement on the 14th. I said, " I hope to do my best to pay the ₤ 20." I paid ₤ 10 on the 14th. Robinson was there. He wrote out the receipt as in the former case. Russ asked me why I did not complete the full agreement. I told him I could not get the other ₤ 10 then. He said when I had paid the full amount I would have to stop to half-past six and seven in the evening. He asked me to get the other ₤ 10 as soon as I could. The next day I had an interview with my uncle. Prisoners accompanied me there. Russ told him he had a ₤ 40 job in the Minories and had put in an estimate, and expected several other jobs to come along that week, and if I would put a further ₤ 25 in the business we should get along well together; he had plenty of work to do and did not see why we should not get on well together. He left me to talk it over with my uncle. I afterwards saw Russ and had a conversation about the other ₤ 25. If I paid that I was to have ₤ 2 a week and a share in the profits. Robinson was there when he made that offer. He said, " I think you can manage that, Russ." Russ asked Robinson if he could give me ₤ 2 a week. Robinson said, "I could not say exactly for certain, as I have not the books here. I have to have them audited. I reckon, roughly speaking, you can manage to give him ₤ 2 and a share of the profits, making his money 45s. to 50s. a week." I then agreed to advance the further ₤ 25. That day Russ sent me to 2a, Bridge Road to take a partition, a show case, we were

putting up. There were a few mantles, some fittings, and a few rolls of paper there. A workman was there named Mann. On the 15th and 16th I went to the office. Nothing was doing. Next week there was nothing to do; I put up a little bit of partition in the office, but no orders came in. On October 25 I paid Russ ₤ 10 more. That completed the first ₤ 25. Robinson wrote out the agreement. Russ and I signed it and Robinson witnessed it. A week or two after that I did a little work. On October 25 or 26 I got into communication with Hyett. In consequence of what he told me I gave Russ a written notice on October 27 to terminate the agreement. I told Russ I did not think the business was a genuine one. He said, " You have nothing to grumble at until I fail to return you the deposit, " My wages were paid up to November 26. On the 22nd I asked Russ for my money. He said I would have to wait till the 26th. On the 26th I went to the office. Russ was not there. I saw Robinson; he said I should find Russ at George Street, at Mr. Lovett's, his solicitor. I saw Mr. Lovett. He asked me if I had received a letter on the 25th; I said no; he said, " I sent you a letter." I received a letter from Mr. Lovett on the 27th. I saw Lovett and Russ at George Street the following day. I said I had come for my wages. They asked me if I had the key of the shop at Battersea. I said yea He gave me a receipt to sign and he paid me 30s. I do not remember seeing the receipt written out. I read it through before I signed it. It is not now in the same form as when I signed it; "in full settlement of all claims" was not on it. Two or three weeks afterwards I had a conversation with Russ about my money. He said, " You will never get that money; I have not got it, and it is no good kicking up a row about it." The only book I ever saw was an order book. The only orders in it were one or two that I had done at 75, Lancaster Road, a house occupied by Robinson— some cords and some blinds.

Cross-examined. Russ told me where he had been apprenticed, but not that he had been with their successors 2½ years. I know his father as a respectable man. There was no plant at Bridge Road for a builder's and decorator's. There was some stock when I went there. It did not strike me then the thing was a fraud. Mann went about on one or two little jobs. I put up two shelves at 80, William Street, Regent's Park. Mann was also working there. I received ₤ 12 in wages from Russ. I paid him ₤ 25. I got ₤ 12 for doing practically nothing. I do not know if Russ took me to 62, Cromwell Road. I do not remember his showing me a board of his on the railings of that house. I heard afterwards he had done work at 114, Cromwell Road, but I do not remember him showing me that house; I will not swear; it is a long time ago. I spent about a day painting at George Street, Minories. I swore an information at the Guildhall; it was not done with Hyett.

THOMAS FRENCH, 121, Warwick Street, Pimlico. In May last year I did some work on 24 and 26, Colville Road— washed them down and painted them with two coats of paint. I go by these houses almost every day. I have never seen any other work done to them since. I do not know the firm of Russ Brothers. I do not know prisoners.

WILLIAM PARKER, builder, Tavistock Crescent, Portobello Road. In October last I did some painting at 132, Lancaster Road. I did it also three or four years before that. I do not know Russ Brothers. I had not seen prisoners till I saw them at the Guildhall.

GEORGE E. SPENCER. In May last I was employed by Mr. Stevens to do painting and decorating outside of No. 168, Lancaster Road. I pass there four times a day. I have never seen any other work executed there since. I have never heard of Buss Brothers. I do not know prisoners.

SAMUEL SMITH, Colville Estate Office, 9, Colville Mansions. Thomas French is the builder and decorator who does the work for our estate. 24 and 26, Colville Road were last decorated in May last. I do not know the firm of Buss Brothers. They have not worked on our estate during the 14 years I have been there.

Mrs.GARRETT, 24, Colville Road. I have lived here four years. Russ Brothers have not done any work to the house, to my knowledge. I do not know prisoners.

JOHN HASTIE. I live at 132, Lancaster Road. I do not know Russ Brothers. William Parker and Son do my decorating work. They did the house up last October or November.

Mrs. SQUIRE. I have lived at 168, Lancaster Road 10 years. The house was redecorated last April by Mr. Stevens. Russ Brothers have never done any work at our house. I do not know prisoners.

GEORGE WILLIAM HYETT, 43, Cole Street, Borough, assistant electrician. I answered the advertisement in the " Daily Chronicle " on October 5. I afterwards called at 49, Newgate Street. I saw both prisoners. Russ asked me if I had come in answer to the advertisement. I said yes. He told me he did business as a plumber and electrical engineer; he said he did the plumbing and his brother the electrical part of the business. I did not see his brother. I asked what money he required put into the business and he told me anything from ₤ 20 to ₤ 25. The duties were partly office work and I was to assist in the electrical department. I agreed to invest ₤ 15. He told me Robinson had been assisting him in his clerical work and that it interfered with Robinson's business. I asked him if he required a reference and he said not unless I did, and if I required one I could refer to his bankers; he did not mention their name. He told me he had a fairly decent business and had several jobs pending in the West End; the business was growing so large he could not cope with it himself, and he required someone to take an interest in the business to assist him. I saw him the following day and my wages were agreed upon at 30s. a week, and when I had paid my money I was to have a share of the profits. I paid him ₤ 5 in gold. Robinson wrote out the receipt and Russ signed it. On the following Monday I received a letter from Russ to go to 80, William Street, Regent's Park; that is a dairy, a sort of general shop. I saw Miss Smith there and a workman. I did not know who she was at the time. Robinson has since told me, first, that she was his daughter-in-law and afterwards his stepdaughter. She appeared to be managing the business. I proceeded to do the work set out on the paper with the assistance of the man

named Mann. I had to buy some glass in the neighbourhood. I never saw any stock of glass at Russ's. Russ came in the afternoon with Robinson. I told Russ there was no material and I had purchased some; he said any material I required I was to purchase and he would repay me. I bought 2s. worth or more. On the Friday I went to, If think, 72, Lancaster Road, Notting Hill; there I repaired some Venetian blinds. On the Saturday I went to George Street, Minories, a place occupied then by a Mr. Morgan; it was to be done up inside. Russ and Robinson went with me there. On October 23 I had a conversation with Russ in the "Grapes''; he asked when I was going to settle up the ₤ 10 balance. I told him I could not see my way clear to pay it. I did not receive any wages that day. I asked for the return of my money. He told me as I had not completed the agreement I had forfeited it. I told him I should have it back, and he told me I had my remedy. I worked a fortnight, but only received 30s. in wages. I received about ₤ 3 of my deposit at different times. While I was at 49, Newgate Street no orders were received to my knowledge. I did not see any books. I did not make entries in any books or see either prisoner do so. I went on one occasion to Battersea; there were a few gas mantles and accessories and such like there. There was no material for decorating or putting in an electrical installation. I saw no signboards. I met Pollitt the Monday after I left. I had a conversation with him.

Cross-examined. There was a. little stock at Battersea. I did a little work during the two weeks I was engaged. My time was far from being fairly occupied. I did work at three places. At far as my knowledge goes, orders had not been given to do that work; the premises belonged to friends and relatives of theirs. I do not suggest there is anything criminal in a man employing his ton. I did not do any other jobs that I was paid for. I swore an information at the Guildhall with someone else. It was not at anyone's request; it was of my own free will. I do not think I received the whole of the ₤ 3 10s. before I signed the information. I did not tell Russ I did not wish to be a party to the criminal charge against him.

CHARLES MANN, 132, Lavender Road, Battersea. About the end of May last I entered Russ's employment. I worked at different places. The headquarters were 2a, Bridge Road West. I was in charge of the shop. I stayed there till the commencement of November. The business done was small jobs. There was not much stock there. I was principally out at jobs through the day when he had anything to do. I do not think he kept any books. I never saw any entries made. I never wrote letters or made out accounts. I have seen him make out accounts on the notepaper. I remember Hyett coming. Before that I remember Russ saying he thought he would give up the Battersea shop; that he was going to take an office in Newgate Street to share with another party. I think it would be about the end of September he said that. I left about November 7. I did some plumbing work at Tavistock Crescent, No. 29, I believe. I believe that house belongs to Russ's father. I did some work in the Minories, George Street; it was a general shop; Lewis was the name,

I believe. I did some work at Francis Street, Battersea. cleaning the paper in the passage, hall, and staircase. That was in July.

Cross-examined. I had no set wages. When I was doing plumbing work he paid me 8d. an hour. I was paid what I earned. I do not know what he got for the work done in George Street. I was working there a fortnight or three weeks. At Albert Villas we were about three weeks painting the front door for Mrs. Smyth. Albert Place is a turning out of Cornwall Road, Bayswater. I also did three or four days' work at 114, Cornwall Road; about a week at 162, Cornwall Road. Two or three times I did work at Rillington Place, and I did a few small jobs at different places Battersea way. There was some stock at Battersea. The business was carried on genuine enough when I was there.

ALBERT BRAUCKMANN, 19, Chapel Street, W. I deal in electrical goods wholesale. When I was at 16 and 17, Barbican, I had dealings with Russ Brothers. On September 16 I received a request from them to quote for cable for house-lighting. An appointment was made and I saw both prisoners. Robinson did not give his name. Russ selected some electric fittings. The other man only said, " We also want a padlock.'' The goods selected came to ₤ 30. I asked for a reference; Russ gave me his brother as a reference; the other man said practically nothing. Russ said his brother was the manager of the electrical department of their firm, but was away at Oxford on some job, but he would write his brother and I would get the reference from him. I never got the reference from the brother. I have since seen him; he is employed by a firm in Bond Street. Russ said he wanted the stuff as he was wiring a mansion that was going to be let in flats. He also wanted 12 baths at ₤ 2 each. The goods were partly fetched and partly sent by Carter, Paterson. I cannot say where they went to as the delivery notes would be at the stores. When the reference did not come and I found things did not seem to be straight I pressed for payment. All I got was. about 24s. worth returned.

Cross-examined. The goods that were delivered came to ₤ 13 because the whole order was not executed. I am agent for Busch, of Westphalia, and invoice the goods on his forms. To firms of good standing we give 30 days' credit. I gave credit to Russ subject to references being satisfactory. I do not call that giving credit.

Detective-inspector HERBERT HINE, City Police. On December 17 I served the original summons on Robinson. He made no reply Later that day I saw Russ and served him. He made no reply. There was no stock-in-trade there. There was a quantity of stationery, billheads, and so on, but nothing written on it. There were no books. I had difficulty in serving the summonses. About 9.15 a.m. I saw the two defendants cross the street. Russ stood on the doorstep leading to the offices above. Robinson went into the chemist's and shortly afterwards came out, passed Russ on the doorstep, and went upstairs. Russ looked about for a few minutes and then followed up. I immediately followed. When I arrived on the second floor landing I saw Robinson opening the office door but could not see

Russ. I followed Robinson into the office and said, " Are you Mr. Robinson? " He said, " Yes." I said, " Where is Mr. Russ? " He said, " I do not know; I have not seen him." I went up and down the staircase, tried every door; every door was secure. After going up the staircase two or three times I said again to Robinson, " Where is Russ? " He said, " I do not know; I have not seen him." I said, " What is the use of talking like that? He entered the building with you." He said, " He is in the little place underneath." Below there is a small place where there is a wash-hand basin. I saw Russ there; he was commencing to wash his hands as I opened the door. I served him there.

(Wednesday, February 16.)

WILLIAM CHARLES SEEAR, manager to Mr. Brauckmann. I acted upon Mr. Brauckmann's instructions in attending to an order given by Russ in September last. On September 22 I received a message on the telephone from Mr. Russ. He was worrying as to the delivery of the goods. I replied that he had not furnished the references as promised. He said he had written his brother, who was engaged at a job at Oxford and could not understand why he had not replied, but he presumed he was very busy. He said it was most essential he should have the goods or part of them. He wanted this cable, as he had men absolutely waiting— I think he said about eight. As far as I remember, he said they were engaged on a mansion. I ultimately let him have one and a half miles of cable, value ₤ 13 14s. He took a portion of it away— I think about half a mile. As the references did not come I made application for payment and 24s. worth was returned. The balance has not been paid for.

(Defence.)

ALFRED RUSS (prisoner, on oath). I am 21 years old. I was apprenticed when 16 to a firm whose successors were J. Holbrook and Co., who are in a large way of business. I remained with them 18 months after my articles were out. My father is retired and is a man of property. The first place I took was 17, Little Britain. I traded there as Russ and Co. I happened to lose a little money. I went to Battersea in May last year. I left Little Britain about eight months before that. I got in some stock at Battersea. Mann was working for me in Little Britain. I showed Pollitt some houses where I had done work. I had to go to 80, William Street, to see how my man Mann was getting on. Pollitt saw him working there and said it was all right. On the way back we went through Aldridge Road Villas. I pointed out No. 8, a house where I did work; then I pointed out 62, Cornwall Road, where my board was on the balcony railings. I had just completed repointing and repainting the front and railings. We went past 114, Cromwell Road, and I pointed out that house, that I had done a lot of work there inside the last two years. I showed him some work I wanted him to go and do on the following Tuesday at 75,

Lancaster Road. We went from there to 18, Rillington Place. I pointed that house out as a house I had done various work at. We never went near Colville Road. I was present when this document was written out by Mr. Lovett. Pollitt was also there. He was at Lovett's the day before. He told Mr. Lovett he had been home and seen his friends, and he thought the best thing he could do if I would pay him his wages was to sign a receipt. I said, " I will have your wages here to-morrow, " and it was arranged he should call at 12 o'clock the next day, Saturday. He called next day at Mr. Lovett's office. Mr. Lovett asked him whether he had changed his mind. He said "No." He asked me if I had got his wages. I said " Yes, " and put the wages on the table. Mr. Lovett said, " We will have a receipt for the wages, and if you accept this 30s., as you said yesterday, it will be in settlement of all claims." Pollitt says, "I agree." Mr. Lovett was reading this out as he wrote it, and he handed it to Pollitt to sign it. Pollitt was sitting one side of the table, I was sitting at the other by Mr. Lovett. Pollitt sat there five minutes; while he was fetching the key out of his pocket he was reading it, and then he signed it, and when he went away he shook hands and said he was perfectly satisfied. I next saw him on the following Saturday. He said nothing about the receipt or about his claim on me; he asked me if I would lend him a few shillings— that is what he had come for. I lent him 5s. He said nothing about criminal proceedings or going to the City Police. It was the month of December then. I did not see him again till the police court. The summons on the 16th was the first I heard of any complaint by him. I did not try to evade the service of the summons. I got a black across my hand in the railway carriage and went into this lavatory place to wash my hands. I was finished when Inspector Hine opened the door. I did not know him. I had no reason to suppose anyone was waiting to serve me with a summons. Mann was working for me when Hyett came. Hyett was with mo about a fortnight. I paid his wages the first week. The second week he said, " Can I have a couple of days off, as I should like to go down to Watford to get the balance of the money from my people. I did not see him again till Saturday morning. He said he was very sorry, but he had lent a friend of his the money— ₤ 40 he said— and he was a dealer: he had laid the money out in stock and he could not get it in time. He asked me to wait a little while longer. I said, " I do not see as I can keep you on." I wanted the money to carry out the work. I could not keep him on. He went away. He had a sovereign, 5s. 6d., and 2s. 6d., and on the third week he had 30s., making ₤ 2 17s. 6d. Several weeks after that he used to come up and do little odd jobs. He used to draw an average of about 3s. or 4s. a job, and 10s. I allowed him what I was paying back for his deposit. He made no complaint about having been defrauded by me. I did not hear that Hyett was alleging that I had conspired to cheat and defraud him till the Saturday following the service of the summonses. That week Hyett was looking after my shop at Battersea. After the service of the summonses he was supposed to be looking after my shop. I went over on the Wednesday and found no one there. The shop was

closed.The same on Thursday and Friday. When he came up on Thursday he asked me for his wages. I agreed to pay him 25s.for stopping at the shop that week. He came up and asked me for the 25s. I said to him, " What do you mean, you've not been to the shop; you closed the shop." He said, " Yes, I have been there every day." I said, " You have not." I paid him 10s.afterwards and he said he never lodged the complaint, but Pollitt had been round there. He said it was against his wish and Pollitt's mother had been round to his house, they had all been trying to persuade him, barring his uncle. He showed me a note signed by some police-constable on befalf of Detective Hine, of the City Police. Hyett said he was against charging me with a criminal offence and that he was pressed into it. I wrote to Brauckmann asking him to quote me for cable and signed the letter, "Russ Brothers.— A. Russ." At that time I had submitted an estimate for the International Hotel, Aldgate, to wire the place throughout. All told, there was going to be about 75 lights. Mr. Brauckmann was a day or two with the cable, consequently the job was hanging about. I got on the 'phone to Brauckmann. I had got the job for the International Hotel when the cable came along. In the meantime I had made inquiries and was not satisfied to get on with the work, consequently the goods were no good. I kept them in the shop some time, then I sold them to tradesmen for what they cost me. I wanted the money to keep my business going. I sent my man to Drury Lane for some of the cable and he brought back a quarter of a mile. He took that to my place at Battersea. Before the other was delivered I went to Brauckmann and told him I had got the Job. I never said anything about mansions; I said I had a job in the City. I called on Brauckmann after I received the quarter of a mile of cable. I wanted other fittings. I chose some. He said, ''All right." He never said anything about references then. He said he would have them delivered as soon as possible. A couple of days after that the goods came in, the completion one and a half miles. I could not stop it. I was about the City and did not go to the shop till night time. A friend in the City asked me if I had any cable I could let him have and I sold it to him. Brauckmann delivered the goods about September 22. I received an invoice with the goods. It was understood I should have credit. I have not been sued for the amount. I did not know till I came to this Court that Brauckmann was complaining that he had been cheated and defrauded.

Cross-examined. I was apprenticed as plumber and electrical engineer. I was qualified about three years ago. I stayed on with my firm until I took premises in Little Britain in 1908, when I started on my own account as office fitter, electrician, and plumber. I had one electrician with me all the time I was there. That man had left me when I went to Bridge Road, Battersea. Mann took his place. I had no bank account then; I had at Little Britain. When that account was closed the balance was only a few shillings. The bank did not close the account; I did. The sanitary work I did after I went to Bridge Road amounted to ₤ 5 or ₤ 10. My father paid that. Russ Brothers had no books. I made no entries of contracts. My stock-in

trade did not consist of notepaper; I had three shelves at Battersea. It is hard to say what my takings were at Bridge Road. I should say I made between March and October about ₤ 60. It was all paid in cash. I had a cheque from Mr. Montague Smyth, 8, Aldridge Road Villas; it was ₤ 8 8s., I think. I had a 25-round ladder, seven planks, three or four pairs of steps, and three shelves containing incandescent globes. I paid cash for those. I was dealing retail in incandescent globes, burners, fittings, and everything. I had two waste preventers there and two closet pans, two lavatory pans, several boxes of fittings for plumbing work and gas fitting. I went to Newgate Street because I did some work in the City and it was more handy for me. I did some electrical work at Hatton Garden for Mr. Maddeley, a shop and office fitter. I did a lot of work in the City when I was at Little Britain. That was the idea of my going back to the City, to work it up again. Robinson was an agent. He introduced me to one or two people when he saw work going about. I did not say I was so busy that Robinson had to write all my business letters. I did not understand office duties. Robinson had no connection with me at Little Britain. There was not much writing there, only making out accounts. Robinson wrote my letters at Newgate Street; he is a better writer than me and I do not care about writing. He had no interest in my business. He never made a penny out of any of my work. I was walking out with his daughter. I believe I first met him about three years ago. I used to see him in the City and at Ladbroke Grove. The reference I gave for the tenancy of 2a, Bridge Road, was Robinson. I was doing a little job for him at the time and I mentioned I was thinking of going to Battersea and asked him if he would be good enough to give me a reference. He did. The first quarter's rent was eventually paid; there was some work done and there was a contra✗ account. I owe now one quarter, and 30s. 80, William Street, Regent's Park is a dairy and general shop. Mr. Robinson's stepdaughter carried that on. The work done there was done for her account. I knew Robinson was the tenant. 62, Cornwall Road is my father's property. I have to submit an estimate for my father's work in competition with others. I live there, and that was the place where the decorator's board was displayed. 114, Cornwall Road, 18, Rillington Place, and 29, Tavistock Crescent belong to my father; 75, Lancaster Road is where Robinson lives, and 8, Aldridge Road Villas was the only place which did not belong either to my father or Robinson. I could have pointed out several houses there where I had done a lot of work, but we did not go near that way. It is absolutely false that I showed Pollitt two houses in Colville Road. I saw Pollitt on the Friday after he had been to see Mr. Lovett. He said he had seen his friends and they advised him that they knew he had no claim against me as he refused to do work and was a continual nuisance. I agreed absolutely with that statement. The receipt was not made out till Saturday, till he signed for the wages. It was made out by Mr. Lovett. He said to Pollitt, "This will be in settlement of all claims." Pollitt said, "I agree." The October 5 advertisement secured Pollitt and✗ Hyett. On November 9 I wanted to get another young man

with capital— not for office duties; I wanted a fellow who could take an order. I told Pollitt. He said, "I will help you to get another man to take my place." I said, "I propose keeping books." On December 1 I wanted a young man for the shop at Battersea. I think there was a lot of prospects if he looked after it properly. I asked Robinson to write that advertisement for me, also that of the 8th. I had one or two replies, but I tore them up. I had a couple of fellows come up. They went over to Battersea but they wanted to go more into the ironmongery trade. I had a communication from a Mr. Jaune, a Frenchman. He saw me at Newgate Street. He paid me ₤ 5 deposit pending the agreement— the same as Pollitt and Hyett. He got it back before he started work. That was not after proceedings had been taken against me. I had one and a half miles of cable from Brauckmann. I did not tell him I was wiring a mansion. This International Hotel is an old mansion. I never said anything about men working there. I do not recollect mentioning about my brother at Oxford. I do not know whether he was at Oxford. The amount of the tender at the International Hotel was ₤ 35. I did not do the job. The man has been sold up since. The tender was not in writing. He gave me the order verbally. He said, "If you like to start, you can." I was going to employ three or four men.

JOHN ROBINSON (prisoner, on oath). I carry on business as agent for provision dealers at 49, Newgate Street. I first became acquainted with Russ about, three years ago, when he came to do some work for his employers. I was in business then at 82, Cleveland Street. When I moved to Newgate Street I had a conversation with Russ about it. I said I had answered an advertisement for this office, would he give me a reference? I said, "I have always obliged you." He said, "All right, I will give you a reference." When he came to witness the agreement he said he should like to have a seat in the office; it would be handy for his City business. I said to the landlord, "Mr. Russ, the witness to this agreement says he would like to have an address." He said, "All right, you have the key; you can do as you like." Russ had the seat and paid 5s. every week for it. The receipts are here. I have no knowledge of plumbing or sanitary work. I have never taken part in the conduct of his business. When Pollitt came Russ said, "I am taking a deposit of this man. Will you just write out a receipt? " I had written out other things for him when he asked me. I said I could not form an opinion as to how much wages to Pollitt the business would stand without looking at the books.

Cross-examined. I cannot say what Russ was doing when I first knew him; he was working for a firm and came to do some work at our house. I did not see him often then. We lived in the same neighbourhood and met in the evening. We became intimate about 12 months ago. I did not meet him when he was at Little Britain. I knew he was there. Russ gave me a reference for the Cleveland Street tenancy, also for William Street. My step-daughter bought the dairy from a man named Harvey. She is my tenant. I told Russ I wanted a cowl put on the chimney and he went down and did his own business. I gave Russ a reference when he took 2a, Bridge Road. I could not

tell you why Russ did not write his own letters. He asked me to write them. The reason I had the advertisement addressed to my house, 75, Lancaster Road, is, he asked me to put this advertisement in and when I got to the "Chronicle" office I wrote on the paper off their desk. The gentleman at the desk said, "We must have a name and address." I simply put my own, there and then, on the back of each one. The replies did not come to my address; they went to the "Chronicle" office. I do not know that there was any reason for Russ not writing them himself. He wrote out what he wanted and when I got to the "Chronicle" office I wrote on their paper. I should say he was carrying on the business as described on his letter paper. It did not strike me as extraordinary that he should want a large number of leather bags, because he was about sending some travellers out. I saw about eight or nine bags. I don't know how many travellers he was going to send out in the plumbing trade. I only went with Russ to see Brauckmann on that occasion about the lock. I did not know what Russ wanted from him. I had nothing to say in it. I was standing on one side. I did not hear anything about it. I thought Russ had room for a partner, and if he had taken the job he spoke About he would have required one. He would want another at Battersea. When Pollitt came I did not know whether he was suitable. I did not trouble about it. I did not know why, if they were wanted for book-keeping, they were put on to whitewashing. I never asked Russ for his books. I did not trouble about them or him at all. He had his own key to come in and out when he liked. I think he had some books at Battersea. He had a man there selling stuff and taking money for it. I remember the summons being served on me. Before it was served I was with Russ. When Detective Hine came in he said, "I want Robinson." Then he said, "Where is Russ? " I said, "I do not know." I did not say I had not seen him that morning. I did not know where he was then. I knew we came together. I used to go into the shop for my letter and then go up. I did not look to see who was following me. It appears Russ went in to wash his hands on the second floor; our office is on the third floor.

Verdict, Robinson, Not Guilty; Russ, Guilty of obtaining money by false pretences, with a recommendation to mercy on account of his youth.

(Thursday, February 17.)

Detective-Inspector HERBERT HINEsaid that inquiries he had made showed that prisoner Russ had led a respectable life; he had been made the catspaw of a gang of swindlers cleverer than himself.

Prisoner's father having stated that he was prepared to send Prisoner to Australia, in the charge of his elder brother, prisoner was released on his own recognisances in ₤ 20 and those of his father in ₤ 50 to come up for judgment if called upon.

BEFORE THE COMMON SERJEANT.

(Wednesday, February 16.)

WALTERS, Arthur (45, labourer) , carnally knowing Winifred Walters, a girl above the age of 13 years and under the age of 16 years.

Mr. Clarke Hall and Mr. Rentoul prosecuted; Mr. H. D. Roome defended.

Verdict, Guilty.

Sentence, Five months' imprisonment, prisoner having been in custody over a month.

OLLIFFE, William (40, coster) , stealing a piece of meat, the goods of George Barrett.

Dr. Comes prosecuted.

GEORGE BARRETT, butcher, 12, Crowndale Road, Camden Town. On the evening of February 3, in consequence of something I was told, I sent my man after a piece of meat that was missing. On going down the road I saw prisoner being brought back in charge of plain-clothes constables. The piece of beef stolen weighed 19 1b., and its value was 10s. I had no other piece of beef of that kind.

GEORGE MARTIN, assistant to last witness. On February 3, in consequence of something told me by a lady, I went after a man with a barrow, and came upon the prisoner, who was pushing it. On the barrow was a basket covered with a sack, and inside the basket was the piece of meat. Prisoner said, "Let me off; I have a wife and children." I told him I should have to follow him until a policeman came along. Prisoner and another man afterwards got me into a narrow court and attacked me. The other man got away, as I had to look after prisoner. I followed him until a plain-clothes constable came along.

MARY ELLEN HOLDWAY, 31, Goldington Buildings, Camden Town. About half-past seven on February 3 I saw prisoner take the piece of meat from the front of Mr. Barrett's shop. He took it four shops down the road, and there put it on a barrow. I told Mir. Barrett the direction in which he had gone.

JOHN TUTT, 630 Y. On February 3, about 8 p.m., I was off duty in plain clothes, and saw some people running in Ossulston Street. On my arrival I saw a crowd of people, and prisoner was being detained with a piece of beef by the witness Martin. I toll them I was a police officer, and asked Martin if he was going to charge the man. He said, "I must ask my master first." Coming back we met Mr. Barrett, and I asked him if he was going to charge prisoner. He said yes, and I took prisoner to the station. When charged he said he did not take the meat himself.

To Prisoner. I did not see the butcher run after another man with the meat in his hand. The meat was taken off the barrow before my arrival.

WILLIAM OLLIFFE (prisoner, on oath.) I was out with a barrow-load of green stuff on February 3. I sold my green stuff and pulled up at a public-house to have half a pint of beer. Whilst I was having it somebody must have put the beef on the barrow. I had some empty

bottles on the barrow. Having finished my beer I began to shove the barrow home, and when I was a quarter of a mile from the publichouse the butcher (Martin) took the meat off the barrow and started running after another man; who the other man was I could not say. Martin ran up a passage after this man. I was within the handles of my barrow. I am a costermonger by trade, and have no cause to go stealing. I have seen enough punishment in my time. I came out of prison on December 22, and made up my mind to go straight, but the police do not seem to let me alone at all.

Verdict, Guilty, and prisoner pleaded guilty of a previous conviction. A number of convictions were proved.

Sentence, Twelve months' hard labour.

BEFORE THE COMMON SERJEANT.

(February 10, 11, 14, 15.)

CROSLAND, Thomas William Hudson , maliciously publishing a certain defamatory libel of and concerning Henry Frederick Walpole Manners-Sutton.

Mr. Marshall Hall, K.C., Mr. George Elliott, K.C., and Mr. Storry Deans prosecuted; Mr. Valetta and Mr. T. Wing defended.

Defendant pleaded not guilty, and put in a plea of justification.

Defendant is sub-editor of the "Academy, " and in that paper published certain articles libellous of "a certain scion of a noble house, " alleged to be identifiable, from the articles, with prosecutor. His solicitors wrote to the publishers of the paper, demanding the insertion of a paragraph stating that Mr. Manners-Sutton was not the person referred to in the articles. Defendant, as director of the publishing firm, replied, "We do not propose to oblige you by stating that Mr. Manners-Sutton is not 'the gentleman referred to.' Rather, at our own time, and when we have completed our investigations, we shall be disposed to say that he is the gentleman. With regard to the action you threaten, we have only to remark that in our view Mr. Manners-Sutton is a person whom it will be difficult for reasonable people to libel. At the same time, if he wishes to make a fool of himself we shall be quite pleased to receive his writ." Defendant subsequently wrote to prosecutor, stating that, as no writ had followed upon the solicitor's letter, "I must conclude that the letter was a piece of bluff, and that you yourself are a coward and a poltroon, besides being a person of no principle." The plea of justification put in by defendant alleged that prosecutor was a man of low living; the details of the evidence do not admit of complete publication.

The jury returned a verdict of Not guilty.

The Common Serjeant. You find the defendant Not guilty. Unless both sides wish it, I do not see any reason for putting the other plea. You do not wish it, I suppose, Mr. Valetta?

Mr. Valetta. I have nothing to say about it. I do not want anything to affect my client's position in the matter. I do not conceive that it is my duty to press for anything further.

The Common Serjeant (to the jury). You find, gentlemen, for the defendant on the question of publishing defamatory matter. You find that he was Not guilty of publishing defamatory matter beyond any thing he was entitled to say, but you do not find, on the other issue, as to truth and public benefit?

The Foreman. That is so.

The Common Serjeant. You put it on the first plea?

The Foreman. We do.

The Common Serjeant (to Mr, Valetta). Do you wish to make any application?

Mr. Valetta. In the first instance I ask for a verdict of acquittal.

The Common Serjeant. You have got a verdict of Not guilty. I cannot do anything further.

Defendant was then discharged.

Mr. Valetta asked for the costs of the defence.

The Common Serjeant said he would decline to make any order on the county that public funds should bear the costs of either the prosecution or the defence.

BEFORE JUDGE RENTOUL.

(February 16, 17, and 18.)

WILTSHIRE, John (32, labourer), HASELGeorge (31, porter), and LUCY, Edward (28, fruiterer) , breaking and entering the shop of Edgar Samuel Edgar, and stealing therein a quantity of jewellery, his goods.

Mr. Huntly Jenkins and Mr. Roome prosecuted; Mr. Lawrie defended Wiltshire; Mr. Curtis Bennett and Mr. Eustace Fulton defended Lucy; Hasel pleaded guilty.

PERCY TAYLOR. I am manager to Edgar Samuel Edgar, trading as Saqui and Lawrence, jeweller, 54, Strand. Hasel has been employed in the shop about seven years as porter; his duties were to clean windows, take out goods, and assist generally. Up to the time of this robbery complete confidence was placed in him. Constantly about the shop, he would be able to see what jewellery was in stock and what placed in the safe at night. On Saturday, January 8, I saw the place locked up in the usual way about 8 p.m. I took a quantity of jewellery from the window and placed it in the safe, together with about ₤ 70 in cash; I kept the keys in my pocket. Hasel assisted me to lock up the premises, and apparently locked all the doors securely. On January 10, arriving at 8.40 in the morning, I found a burglary had been committed, and goods to the value of ₤ 1, 200 were missing from the window; nothing had been taken from the safe.

DAISY AGNES HASEL, wife of prisoner Hasel, said she had known Wiltshire for twelve months; he had called at their house several

times, and gone out with Hasel; she last saw Wiltshire about a month before his arrest.

Detective-sergeant ALFRED COLLINS, E Division. On January 21, about 8.30 a.m., I went with other officers to 100, Judd Street, King's Cross, and there saw Lucy in bed. I said to him, "We are police officers, and I shall arrest you on suspicion for being concerned with other men not in custody in breaking into Saqui and Lawrence's, jewellers, 54, Strand, on January 8, and stealing jewellery value about ₤ 1, 200; you will probably be put up for identification at Bow Street." He said, "All right." Whilst dressing, he said, "How much did this information cost you; I suppose some of them have been shouting again, as usual; this is a surprise visit; how did you get in here? " I said "Over your back wall." On my commencing to search the room he said, "You won't find anything here, so it's not much good for you to put yourself to a lot of trouble: I am surprised at you people searching a place like mine; do you think I should be such a fool as to have it here for you to come and get, especially now it's getting very hot; if a job's done everybody is in the know; I don't know why I should be put to the trouble of having my place run over by you people when you like; I suppose you've come here with a warrant? " I said, "No, we don't require one." On the same day, about 5 p.m., I went to 7, Tottenham Mews, a blacksmith's shop, where I saw Wiltshire at work. I gave him particulars of the charge, and told him that Hasel had made a statement concerning him. He said, "I know nothing about it, only what I've read in the papers; I know Hasel, he's a pal of mine; I cannot help what he says about me; I know Teddy Lucy, but I can't understand all this; the only thing I can say about it is that the part I took in the matter, if it was not straight, I was acting the innocent." Later the same evening I went to Hasel's house: his wife gave me a sealed packet, which on opening I found contained ₤ 21 in gold.

Cross-examined by Mr. Lawrie. When I went to arrest Wiltshire I found him at work. According to the deposition, I said at the policecourt that Wiltshire's words were "I am absolutely innocent"; that is an error; I could not have noticed it on having the deposition read over to me. What Wiltshire did say and what I have on my note is "I was acting the innocent."

Cross-examined by Mr. Fulton. I made a thorough search of Lucy's premises and found nothing there relating to this charge.

Re-examined. Wiltshire works for a man named Fritzfreyer, better known as "The Dutchman."

Detective-inspector WILLIAM GOUGH, E Division. On January 10 I received information of this robbery, and went to the premises. The robbery had evidently been affected by someone concealing themselves on the premises (which are not occupied at night), passing to the rear, and admitting others through the back. In a cellar in the basement a hole had been cut in the ceiling and the floor boards pushed up, leading to an office on the ground floor, immediately at the back of the safe. Attempts had been made to break open the safe, and then a passage had been made through the outer office and into the

shop. A quantity of jewellery had been taken from the trays in the shop window. Exit had been made by the thieves through the door at the back (a side street). I found a jemmy, pieces of a safebreaker, and some skeleton keys. I had Hasel kept under observation. On January 21 he was brought to the station, and made a statement which was taken down. I then had Lucy brought in; I said, 'This man Hasel has made a statement about you, and I'll read it to you." I then read it; Lucy said, "A nice little story; he can say what he likes; you can say what you like"— —

Counsel for Wiltshire and Lucy objected that the statements made by those prisoners on having Basel's statement read to them could not be admitted in evidence. Hasel'e statement itself was clearly not evidence, as it was not made in the presence of the other prisoners; the object of reading it to those two men must have been to elicit replies from them; the reading of it was in effect a "questioning" of prisoners under arrest, which was contrary to well established principles of law. (The authorities referred to, in the course of a prolonged✗ argument, were, R. v. Smith, 18 Cox, p. 471; R. v. Bromhead 71 J. P., p. 103; R. v. Thompson, "Times" L.R., 1910, and 4 Cr. App. Cases, p. 46.)

Judge Rentoul ruled that the prosecution must get on without the statements. Examination continued. Basel's statement was also read to Wiltshire. When formally charged prisoners made no reply. When confronted with Hasel the other two showed no hesitation in recognising him.

Cross-examined. Wiltshire and Lucy were put up for identification on two occasions; no one identified them. I have made inquiries about Wiltshire; he has never before been charged with any offence.

Re-examined. Wiltshire is known to have associated with safebreakers and burglars. "The Dutchman, " for whom he was working, is a maker of burglar's tools, and made the implement found on these premises.

GEORGE HASEL (prisoner, oh oath) said he had known Wiltshire for two years, and was introduced to "Ted, " whom he now knew as Lucy, by a man named Michael; he was also introduced to a man known as "The Dutchman." Witness was taken through various conversations he had had with Lucy and Michael regarding the shop, the safe, what was in the window, where the valuable jewellery was placed during the night, and particulars of the alarm bells in the shop. On the Tuesday before the burglary he met Michael and Lucy at Michael's house. They discussed the burglary that was to take place on the Saturday, and he was asked to draw up a plan of the shop, and he did so. The following night he met Michael and Lucy, and it was arranged that witness should make a signal, and Michael should go and hide himself in the cellar. Michael was to admit Lucy at the back door. On the night of the robbery, about seven o'clock, Michael and Lucy were standing opposite the shop. Witness gave a signal, and Michael crossed the road, went downstairs, and got into the cellar of the shop. Wiltshire was not there. When the shop was locked up at eight o'clock witness saw Lucy. They went into a public house, and Lucy asked if Michael was all right. Witness replied, "Yes." Lucy said he was going home to get the tools, and would come back in a taxi-cab. Lucy got in by the back-door. On Sunday witness went to Michael's house with Wiltshire and "Dutch

man." Michael was out, and they went to a house in Judd Street. Lucy came to the door, and "Dutchman" spoke to him. Lucy told "Dutchman" that they had had a hard job at the safe, and the tools broke. Lucy said he expected the buyer for the things in the afternoon. "The Dutchman" mentioned that Lucy expected to get about ₤ 130 out of it. The same evening witness, Wiltshire, and "The Dutchman" went to Michael's house. Witness got ₤ 4 from Lucy, and some days later Wiltshire handed him a parcel which contained ₤ 21 in money. Witness said that his evidence to-day was identical with his statement made to Inspector Gough. While in Brixton goal Lucy had spoken to him and threatened that unless he said that he (Lucy) was not the man, he would tell the court that witness had been robbing the firm; Lucy had offered witness ₤ 5 and ₤ 1 a week for his wife while he was in prison if he would say that Lucy was not the man.

To Mr. Lawrie. Wiltshire never asked me any questions about the shop or about forcing an entry, or about the safe or the electric alarms.

To Mr. Fulton. I do not expect to get any benefit from the fact of my giving evidence for the prosecution. This is the first time I have done anything wrong, and I am glad to get it over. My story is the absolute truth.

This concluded the case for the Crown.

Counsel for Wiltshire and Lucy submitted that there was no case to go to the Jury. The evidence of the accomplice, Hasel, was entirely uncorroborated. The statements of prisoners when arrested were in no sense confessions of guilt. There being no corroboration of the accomplice, it was for the judge to direct the jury to acquit. (R. v. Farler, 8 C. and P., p. 106; R. v. Everest, 2 Cr. App. Cases, p. 130.)

Mr. Roome argued that, although it was the general practice to require corroboration of the accomplice, there was no rule of law to that effect. (Archbold, p. 390.) Here there was some corroboration, from the statements of the prisoners themselves; the weight or value of such corroboration as there was was for the Jury. Unless the judge was satisfied that it was absolutely beyond the bounds of possibility to find corroboration, the case should go to the Jury.

Judge Rentoul said he would let the case go to the Jury as against both prisoners.

Verdict, Guilty. The Jury added that they believed Hasel's story, and hoped the Court would make his sentence as light as possible.

Lucy confessed to having been convicted at North London Sessions on December 3, 1901, of larceny, after previous convictions, and sentenced to three years' penal servitude and two years' police supervision. A number of other convictions were proved, going back to 1896. There is no record against Wiltshire, but he has for some time been the associate of thieves and burglars, and has been the medium between burglars and people in such positions as that of Hasel. Hasel has borne a blameless character until this occurrence.

Sentences: Lucy, Four years' penal servitude; Wiltshire, three' months' imprisonment, second division. Hasel was also sentenced to three months' imprisonment, second division; but on a subsequent day, a Mr. Read appearing and stating that he was prepared to take Hasel into his employment, and prosecutor having joined in the recommendation of the Jury for leniency, Judge Rentoul released

Hasel on his own recognisances in ₤ 10 to come up for judgment if called upon, Mr. Read becoming surety in ₤ 20.

BEFORE JUDGE BENTOUL.

(Friday, February 18.)

CHAFFE, Francis (40, fitter) , being the secretary of the Twentieth Century Loan Society and having received ₤ 154 14s. 21/2d. of and belonging to the said society in order that he pay or deliver the said moneys to the members of the said society did fraudulently convert the same to his own use and benefit and unlawfully making certain false entries in the books, of the said society, with intent to defraud.

Mr. Eustace Fulton and Mr. H. D. Roome prosecuted; Mr. Rentoul defended.

JOHN HARRISON, fitter, 64, Clarendon Road, Hornsey. I am a trustee and member of the Twentieth Century Loan Society. Prisoner has been treasurer and secretary of the society for many years. I have been a trustee for six or seven years; I cannot swear how long. The duties of the secretary are to receive subscriptions from members and to grant loans on the application of members, loans being granted to double the amount on members' cards, that is to say, members having deposited 10s. may borrow ₤ 1 as provided by Rule 3: "That loans be granted to members at 1s. in the ₤, which will be added to amount of loan granted. There will be a fine of one halfpenny for every 1s. left unpaid, reckoning from the first week of omission. Loans to be repaid at the rate of 1s. per week for each ₤ borrowed. Members must find a surety for a loan, and such surety and borrower to have their shares paid up to half the amount of loan before it can be granted."

Judge Rentoul thought the rule very difficult to understand.

Witness. 1s. is deducted from every ₤ advanced, so that a member getting nominally ₤ 1, in reality only gets 19s., but has to repay 20s. There is a fine ofƉ d. for every shilling a member is in arrear in respect of repayments. Members cannot borrow beyond double the amount they have paid in. Money in hand, after loans have been advanced, should be paid into the bank, but I do not know of any rule to that effect. In May prisoner told me he was going to pay ₤ 6 into the bank, and I told him it was about time something was paid in. He replied that he would be able to put a lot more in soon, as loans were being repaid— something to that effect. On December 16 I asked him what the dividend was going to be. It has usually been from 2s. to 3s. per share. He replied, "I am sorry; I am short." "Short! " I said, "What do you meant" He said, "I am ₤ 150 short." I said, "You are getting at me"— I did not believe it— "let the auditors see the books. You cannot be ₤ 150 wrong." He said the auditors had the cards but not the books; he was going to give them the books tomorrow morning. I spoke to him again on the Saturday. The auditors were still at work on the audit on the Saturday morning, and

I told him he had better come along with me at dinner time and see how they were getting on, so he came along with me, and the auditors told us he was ₤ 150 short. Prisoner asked me to lend him ₤ 100. I told him I had not got it. On Saturday, at dinner time, prisoner handed over ₤ 81 19s. 9Ɖ d. in cash, of which I took charge. On Tuesday, December 21, I went to the post office with prisoner, and drew out ₤ 317. The money from the post office and the cash in hand was distributed at the sharing-out meeting. Prisoner said he did not know. where the money missing had gone; he could not account for it in any way; he was sorry, very sorry, and if he had the money he would pay it, but he had not got it. Prisoner handed in a list of six names— Mr. Erancis, Mr. Phillipp, Mr. Budd, Mr. Powlesland, Mr. Walters, and Mr. Williams. I cannot say whether any of them have ever been members of the society. I have never seen them to my knowledge. When prisoner handed me the list of names he said, " Here is my lot "; or, " that is what my lot is." I cannot for the life of me remember the words. I said, " All right, I will see to them when I get the money from the post office." None of the people whose names are on the slip have ever applied for any money.

Cross-examined. Prisoner has been secretary and treasurer of the society since its was founded; in fact, he founded it himself. I undertook the duties of trustee six or seven years ago, but hardly at the request of prisoner. There was a kind of mutual agreement that we should have the money put into the bank. We were all desirous to make the money secure, and the post-office people would not accept our money unless there were two trustees, and I myself would not belong to the club unless we had the money banked. There was no doubt about the club being successful for the last year. The trustees did not have much to do with carrying on the affairs of the society. We were only a figure head as regards the post office. According to the rules of the society there ought to have been an audit of the accounts every half year; to my knowledge no such half-yearly audit took place. I did not think it was my duty as trustee to see that such an audit took place; I thought my duty was mainly to see to the vouchers from the post office, or I would not have taken such a job on, I can assure you, and to draw the money when it was shared out. It was not the custom to pay money into the bank in the early part of the year as the amount to be paid out was as large as that coming in. The loans varied at different parts of the year; numbers would borrow at holiday time. I do not know what was the weekly turnover of the society; the auditors will be better able to tell you that. Prisoner showed no reluctance in handing over the books. It was advantageous to the society that there should be as many loans as possible, provided they were paid back properly. I cannot say that at the sharing out on December 19 members at first thought they would get nothing at all. I heard one member say he thought he was very lucky to get what he did. As a matter of fact the members actually got 19s. per share instead of 25s. This is the first time there has ever been a deficiency or shortage. I do not know whether the books of the society were destroyed at the end of each year. I have known pri

soner for 20 years. I know nothing whatever against his honesty before this; I would have trusted him with my life.

Re-examined. Rule 10 provides " That no member be allowed to hold more than six shares in this society." The utmost that could be paid on one share would be ₤ 1 5s., being at the rate of 6d. per week for 50 weeks.

FREDERICK WATTS, painter, 44, Rectory Road, Hornsey. I am a trustee and member of the Twentieth Century Loan Society. The meetings were held at my house. I became a trustee in October last. On December 20 I went to Hornsey Post Office and signed the form. for the withdrawal of the society's money. Prisoner then asked Mr. Harrison to pay over to him ₤ 34 in. respect of the six members he was supposed to pay in for. Mr. Harrison said something to the effect that he would pay it when he got the money. At the club meeting afterwards Mr. Harrison told the members that there was so much short. Prisoner said he was sorry, but he did not know what he had done with the money. He admitted that he was ₤ 150 short.

Cross-examined. Before becoming trustee I had been a member many years. The money on prisoner's shares was never claimed. On Saturday, December 18, the night fixed for sharing out, as members, came round I told them there would be no sharing out before Monday night. They did not seem to make any bother about it. Then the sharing-out was held on the Monday, and the sharing-out amounted to 19s. per share. Prisoner seemed "a good deal upset and surprised at the amount of the deficiency. At the meeting Mr. Harrison said, "I understand the secretary is short of money." Prisoner said he would pay all the money back in twelve months. Then he was asked; how the deficiency had arisen, and he said he did not know. I have known prisoner about 25 years, and have never known anything against his honesty before this.

WILLIAM ROBERT ALPE, engineer, Finsbury Park. I was formerly a member of the Twentieth Century Mutual Loan Society, and on December 20 I was called in to audit the accounts, Mr. Sheldrake being the other auditor. I cannot say whether the books were audited annually, last year being the first year I had anything to do with them. The Post Office Savings Bank book (produced) shows the money paid in by the defendant. On May 12 ₤ 6 15s. 7d. was paid in. Looking at the takings book I find the total amount received up to that date was ₤ 382 15s. 7Ɖ d., and that the loans amounted to ₤ 328 9s. 6d., the difference between the gross takings and the loans being ₤ 54 6s. 1Ɖ d. Deducting the ₤ 6 15s. 7d. paid into the bank from the ₤ 54 6s. 1Ɖ d. there is left ₤ 47 10s. 6Ɖ d. I have not calculated the largest amount paid out in loans in any one week, but I think the average would be about ₤ 15. I find there is another payment into the bank on June 2 of ₤ 15, and the balance on that day, after paying out the loans was ₤ 25 5s. 11d., leaving ₤ 10 5s. 11d. in hand, which, added to the ₤ 47 10s. 6Ɖ d. gave ₤ 57 16s. 5d. On June 9 there was ₤ 6 paid in and as the balance that might have been paid in was ₤ 19, there was a further deficit of ₤ 13, which, added to the ₤ 57, made the total deficit ₤ 70. On June 30, carrying out the figures, prisoner had cash in hand.

I told him he had better come along with me at dinner time and see how they were getting on, so he came along with me, and the auditors told us he was ₤ 150 short. Prisoner asked me to lend him ₤ 100. I told him I had not got it. On Saturday, at dinner time, prisoner handed over ₤ 81 19s. 9Ɖ d. in cash, of which I took charge. On Tuesday, December 21, I went to the post office with prisoner, and drew out ₤ 317. The money from the post office and the cash in hand was distributed at the sharing-out meeting. Prisoner said he did not know where the money missing had gone; he could not account for it in any way; he was sorry, very sorry, and if he had the money he would pay it, but he had not got it. Prisoner handed in a list of six names— Mr. Francis, Mr. Phillipp, Mr. Budd, Mr. Powlesland, Mr. Walters, and Mr. Williams. I cannot say whether any of them have ever been members of the society. I have never seen them to my knowledge. When prisoner handed me the list of names he said, " Here is my lot "; or, " that is what my lot is." I cannot for the life of me remember the words. I said, " All right, I will see to them when I get the money from the post office." None of the people whose names are on the slip have ever applied for any money.

Cross-examined. Prisoner has been secretary and treasurer of the society since its was founded; in fact, he founded it himself. I undertook the duties of trustee six or seven years ago, but hardly at the request of prisoner. There was a kind of mutual agreement that we should have the money put into the bank. We were all desirous to make the money secure, and the post-office people would not accept our money unless there were two trustees, and I myself would not belong to the club unless we had the money banked. There was no doubt about the club being successful for the last year. The trustees did not have much to do with carrying on the affairs of the society. We were only a figure head as regards the post office. According to the rules of the society there ought to have been an audit of the accounts every half year; to my knowledge no such half-yearly audit took place. I did not think it was my duty as trustee to see that such an audit took place; I thought my duty was mainly to see to the vouchers from the post office, or I would not have taken such a job on, I can assure you, and to draw the money when it was shared out. It was not the custom to pay money into the bank in the early part of the year as the amount to be paid out was as large as that coming in. The loans varied at different parts of the year; numbers would borrow at holiday time. I do not know what was the weekly turnover of the society; the auditors will be better able to tell you that. Prisoner showed no reluctance in handing over the books. It was advantageous to the society that there should be as many loans as possible, provided they were paid back properly. I cannot say that at the sharing out on December 19 members at first thought they would get nothing at all. I heard one member say he thought he was very lucky to get what he did. As a matter of fact the members actually got 19s. per share instead of 25s. This is the first time there has ever been a deficiency or shortage. I do not know whether the books of the society were destroyed at the end of each year. I have known pri

soner for 20 years. I know nothing whatever against his honesty before this; I would have trusted him with my life.

Re-examined. Rule 10 provides " That no member be allowed to hold more than six shares in this society." The utmost that could be paid on one share would be ₤ 1 5s., being at the rate of 6d. per week for 50 weeks.

FREDERICK WATTS, painter, 44, Rectory Road, Hornsey. I am a trustee and member of the Twentieth Century Loan Society. The meetings were held at my house. I became a trustee in October last. On December 20 I went to Hornsey Post Office and signed the form. for the withdrawal of the society's money. Prisoner then asked Mr. Harrison to pay over to him ₤ 34 in. respect of the six members he was supposed to pay in for. Mr. Harrison said something to the effect that he would pay it when he got the money. At the club meeting afterwards Mr. Harrison told the members that there was so much short. Prisoner said he was sorry, but he did not know what he had done with the money. He admitted that he was ₤ 150 short.

Cross-examined. Before becoming trustee I had been a member many years. The money on prisoner's shares was never claimed. On Saturday, December 18, the night fixed for sharing out, as members, came round I told them there would be no sharing out before Monday night. They did not seem to make any bother about it. Then the sharing-out was held on the Monday, and the sharing-out amounted to 19s. per share. Prisoner seemed "a good deal upset and surprised at the amount of the deficiency. At the meeting Mr. Harrison said, "I understand the secretary is short of money." Prisoner said he would pay all the money back in twelve months. Then he was asked; how the deficiency had arisen, and he said he did not know. I have known prisoner about 25 years, and have never known anything against his honesty before this.

WILLIAM ROBERT ALPE, engineer, Finsbury Park. I was formerly a member of the Twentieth Century Mutual Loan Society, and on December 20 I was called in to audit the accounts, Mr. Sheldrake being the other auditor. I cannot say whether the books were audited annually, last year being the first year I had anything to do with them. The Post Office Savings Bank book (produced) shows the money paid in by the defendant. On May 12 ₤ 6 15s. 7d. was paid in. Looking at the takings book I find the total amount received up to that date was ₤ 382 15s. 7Ɖ d., and that the loans amounted to ₤ 328 9s. 6d., the difference between the gross takings and the loans being ₤ 54 6s. 1Ɖ d. Deducting the ₤ 6 15s. 7d. paid into the bank from the ₤ 54 6s. 1Ɖ d. there is left ₤ 47 10s. 6Ɖ d. I have not calculated the largest amount paid out in loans in any one week, but I think the average would be about ₤ 15. I find there is another payment into the bank on June 2 of ₤ 15, and the balance on that day, after paying out the loans was ₤ 25 5s. 11d., leaving ₤ 10 5s. 11d. in hand, which, added to the ₤ 47 10s. 6Ɖ d. gave ₤ 57 16s. 5d. On June 9 there was ₤ 6 paid in and as the balance that might have been paid in was ₤ 19, there was a further deficit of ₤ 13, which, added to the ₤ 57, made the total deficit ₤ 70. On June 30, carrying out the figures, prisoner had cash in hand.

amounting to ₤ 88 18s. 5d. I have prepared a balance-sheet from the defendant's books, checking the books with the cards and where there are no cards, and the total deficit is ₤ 154 14s. 2Ɖ d. The total amount received as shown by prisoner's books is ₤ 1, 052 5s. 2Ɖ d.

Cross-examined. Where there were no cards to check the accounts by I had to rely on prisoner's own books. There were some false entries in the books, but nothing more than mere arithmetical errors. I believe it was prisoner himself who first called attention to the shortage. I think I have known prisoner about 20 years. I have never known anything against his honesty, and he has borne, as far as I know, a very good character. I do not know that he used to engage in small money lending transactions with his fellow workmen.

LRNEST WALTER SHELDRKE, another member of the society. I acted as auditor for four years and have known prisoner for 18 years. I saw him on December 16. I went for his cards. He said he had not got his books and could not make them out. Next day, when I went again, he said, "I am about £150 out." On December 18 I went to Mr. Alpe's house, and prisoner handed over ₤ 81 19s. 9Ɖ d. I said to him, " Frank, what have you done with the money? " He said, " I do not know." I saw the slip of paper with six names on it. I do not know any of them as members of the society. I assisted Mr. Alpe in the audit this year. I think the number of cards missing was 41. In former years the number of cards missing has only been one or two, representing bad debts. There has never been cards missing belonging to people who had a right to take part in the sharing out.

Cross-examined. In former years the accounts have been absolutely right. Prisoner seemed very much upset. I then offered to take the cards home and go through them. The secretary took charge of the books at the end of the year, but I do not know whether he destroyed them. There has always been a certain number of bad debts.

To the Jury. Members kept the cards themselves; they were not in the possession of the secretary.

Detective-sergeant ALFRED GROSSE, Y Division. On December 20, accompanied by another officer, I went to 44, Rectory Road, Hornsey, where I saw Mr. Harrison and prisoner. Mr. Harrison said, pointing to prisoner, " This man is our secretary and treasurer of the Twentieth Century Loan Society. He has received money on behalf of the trustees, and now the accounts have been audited he cannot produce the proper amount I shall give him into custody for stealing ₤ 166 5s. 7d., our moneys." I told prisoner I should take him into custody. He said, "I am more than sorry; I do not know what I have done with it." On the way to the station he said, "When I found I was ₤ 150 out I tried to borrow it, but could not. I do not know what I have done with it. I have run clubs for years now, and I have never gone wrong before." I took him to the Honsey Police Station where he was charged.

(Defence.)

GEORGE ROBINSON CRUMSTONE, works manager of the Westinghouse Brake Co., Limited. Prisoner has been in the employ of the company for 20 years. I have never had any fault to find with him. Since he has been on bail he has continued to work for the company, and he will continue to do so if he is acquitted, but should he be convicted I cannot take him back. There is no rule to that effect, but as a matter of principle I cannot allow a man coming out of gaol to work with the other men.

FRANCIS PHILLIP CHAFFE (prisoner, on oath). I started working for the Westinghouse Company in 1890, when I was 21 years of age, at 24s. weekly, and I am now receiving 36s. Previously to that I was employed for four years on the Great Northern Railway. Previously I was for about four years in a dairy and for about two years with a Mr. Wilson, linen draper, of Crouch End. I came to start the Twentieth Century Loan Society through having been secretary of another one. Then another secretary was elected, and in the following year several of the members asked me to start one on my own account. That occurred 11 or 12 years ago. There were about 30 members to start with, but the number increased every year, and last year the number Was 160 or 170. I had entire charge of the money, and received as remuneration 2d. per share per quarter, and I suppose that in a year my commission would amount to about ₤ 8. The work involved a good deal of time and trouble. For the first three or four years I worked the club myself; then trustees were appointed. The club was growing very much, and I did not like to have the whole responsibility on my shoulders, so I asked Mr. Harrison and a brother of mine to become trustees. My brother was only trustee for one year, and then Mr. Sercombe was appointed and. remained trustee until 1908, when he died, and Mr. Watts became trustee. I kept all the books, and destroyed them at the end of the year, when the society started afresh. The audit took place every year at Christmas time, though according to the rules it should have been half yearly. With regard to the six names they represented members who had fallen out of the club, whose shares I took up myself. I used to pay in every week the money in respect of the shares the same as anybody else, and make loans on the shares and repay the loans. I treated myself as seven men. Of coarse I could not have them all in my own name, as I was only allowed to have six shares according to the rules. I did not issue,, cards in respect of the six names. I paid on the whole lot about a guinea a week. I had other sources of income besides my wages. I used to lend out money to my shop mates, and so I was able to take up the shares. Every member ought to have had a card. With regard to the 41 found to be missing they either belonged to members who had left the club or were not given up at Christmas time. I kept the cards for some of the members. The card was nothing more than a receipt for the money paid in. I borrowed on the six names perhaps £₤ 50 or ₤ 60. It was to the advantage of the society to have as many loans as possible, as the more loans the greater the amount of interest and the larger the division at the end of the year. I started using other names than my own about five or six years ago. I started

lending money perhaps 10 or 11 years ago. I have got, perhaps, ₤ 100 out on loan now, and I am willing to assign that money to the trustees, and have offered to do so. I am quite willing to pay every halfpenny back, but it will take a long time. I have also lent money privately to members of the society, 10 or 12. They have not paid me on account of my being short. I estimate the bad debts last year at about ₤ 12. My custom in regard to paying money into the bank was to keep it in hand till the end of the year. I think I have generally begun to pay in about August. There was no rule as to paying money into the bank. I used to receive about ₤ 20 a week, and sometimes the loans more than balanced that, so it was necessary to have money in hand, and, in fact, part of the year I used to lend the club money of my own. Members had to be clear on their cards or else they would be fined 3d. Members were sometimes short, and I used to fine them. At the end of the year they had to clear all the cards up or they had no dividend. Members who were short at the end of the year used sometimes to ask me to square the cards, so that they might get the full share out; then they owed me the money instead of owing it to the club. The money was kept in a cash box in a drawer, and both were locked. I never knew what would be required beforehand, so it was necessary to keep money in hand. I cannot account at all for the shortage. At first I made the deficiency ₤ 166. I did not last year spend more money than usual. I can honestly say I did not steal this money.

Cross-examined. I commenced to make an allowance to my wife of 15s. per week on February 13, 1909, out of my wages. My only other source of income is the interest on the money lent to my shop mates. I had sometimes ₤ 4 or ₤ 5 a week coming in, and when I work overtime I get more. The money I lent has been saved from my earnings. I am not registered as a money lender, and am not aware that a person who lends out money has to be registered. The six names were fictitious, and were really the names of members of my own family. I do not accept the suggestion that I have used the money of the society for my own purposes. I do not consider that ₤ 88 was a large amount to have in hand, but no doubt it would have been safer to put ₤ 50 or ₤ 60 into the bank.

ERNEST BEADLE, traveller, 30, Windsor Road, Leyton, and THOMAS PRICE KEIGHTLEY, confectioner and baker, High Street, Hornsey, gave evidence to character.

Verdict, Not guilty of fraudulent intent; but the Jury thought that the trustees should be censured for their neglect of the affairs of the club.

Judge Rentoul. I quite agree. Probably they did not know what the duty of trustees was.

HILL, Alfred (25, canvasser), having been entrusted with certain property, to wit, four earphones and divers records, the goods of the English Record Company, Limited, in order that he might deliver them to certain customers of the said company, did unlawfully convert the same to his own use and benefit.

Mr. Horace Samuel prosecuted.

JOSEPH MISENER, , manager, Fulham branch, English Record Company, 653, Fulham Road. I engaged prisoner on December 16; his duties were to canvass for orders for machines. Our method of doing business is to sell to a member of the public five records for 12s. 6d., the customer binding himself to buy one record a week till the number of 48 is reached, and after that time the machine becomes the property of the buyer, so that the machine is thrown in. On every sale prisoner made he was to receive 5s. commission and his salary was 12s. per week. Out of the 12s. 6d. received he would deduct his 5s. commission and hand over 7s. 6d. He would only have one machine at a tune. As soon as he brought in the money for that he would get another one. On December 22 prisoner took out a machine and five records and came back with an order in the name of Gale, 36, Stevendale Road. Thinking it was a bona fide transaction, I gave him another machine. He 'returned on the same date with another order in the name of Bert Hannaford, 20, Queen Street, Hammersmith, and I gave him another machine. On December 28 he came in with another order in the name of Palmer, 73, Tynemouth Street, Wandsworth Bridge Road. On December 30 he came in with a bona fide order from a customer of the name of Roberts. After the 30th I missed him. I made inquiries and sent out a man several times. I went to the addresses given on the three orders of Gale, Hannaford, and Palmer, but there were no such people to be found there. When I. next saw prisoner I asked him about this and he offered to go round with me and show me that what he had said was correct. He took me to people from whom he had really got orders. Then I said, " Where are the others? " Then he said he would look them up himself, and I promised that if he found them out I would reinstate him, He was not discharged, but did not come to the office any more. Prisoner knew the routine of the office and the hour when I went out to lunch. On January 11, after my return, I found an order in the name of A. Jenkins, dairyman, 72, Branfort Street, Chelsea, and also that one of the machines had gone. I went to verify that order the same day and found the order was bogus.

Detective-sergeant CHARLES HANCOCK, V. Division. I made inquiries regarding Samuel Gale, fishmonger, 36, Stevendale Road. No such person lived there, there was no fishmonger's business, and no ecrophone had been delivered at that address. I applied to the other addresses, with the same result. I arrested prisoner on December 29 at Walham Green Police Station. I told him I was a police-officer and read the warrant to him. He replied, " Yes; I understand. You can do your worst." When charged he made no reply.

FRANK ASHWORTH, assistant to Mr. Bosher, pawnbroker, Dawes Road, Fulham. The gramophone produced was pawned on January 17 by prisoner. I made inquiries before I accepted it. He produced a receipt and gave the name of Hill.

To prisoner. I know you perfectly well. You were in the shop three times previously to bringing this machine, trying to sell me a dog.

CHARLES WINTERHALDER, assistant to Mr. Williams, pawnbroker 254, Munster Road, Fulham. The gramophone produced was pawned on January 11, in the name of John Smith, 28, Ongar Road. I believe prisoner is the man who pawned it. A receipt was produced. These machines are entirely sold on the hire-purchase system and any prudent pawnbroker would insist on a receipt being produced to show that all the instalments had been paid.

ROBERT NICHOLLS, hairdresser, 28a, Hanwell Road, Fulham. I know prisoner. In January prisoner asked me if I wanted to buy a pawnticket. I bought the one produced for 2s. I also bought another one for 2s. 6d., which I exchanged for a looking-glass. I recovered a gramophone and obtained the receipt with it.

To prisoner. I am not aware that anyone living above my shop gave an order for a machine.

(Defence.)

GILBERT PATRICK MCGOWAN, canvasser. I know prisoner and have been in the employ of the prosecutors. I know that a machine was delivered to Mr. Nichols's order. Another party in the house living upstairs also had a machine.

Prisoner alleged that the machines had been delivered and that Nicholls had pawned them himself.

ALFRED HILL (prisoner, on oath). I took a machine out and five records and canvassed for orders from door to door or from shop to shop, as the case might be. I met Gale and got into conversation with him and gave him one of my cards and told him he could have a machine free of all charge. So he said, " What do you mean by free of all charge. I would not mind having one free of all charge." Then I told him he could have one and five records for 12s. 6d. He agreed to the terms and put his name down on the contract as " Sam. Gale, " and his occupation as "fishmonger." He gave me 12s. 6d. and I took the order, relying upon it being straightforward, and I went to his address with the machine. With regard to Hannaford, I met him in the " Greyhound " public-house, Fulham Road. We had a drink and got into conversation and I told him my business and took an order off him. I do not suppose that if I had not been drinking I should have taken an order of! him in a public-house. He paid me the 12s. 6d. and I let him have the machine and went back to the shop. With regard to Palmer, of Teignmouth Street, Wandsworth Bridge Road, I went to his house. We have circulars to distribute round the houses and then we go back to see whether the parties would like a machine, and when I knocked at the door this party entertained it and I took his order. With regard to Jenkins, of Beaufort Street, I took his order in a coffee shop and went round with him to his house to see if it was the correct address; then I left the machine there and came out again.

To the jury: I had never seen any of these people before in my life. I have seen one of them since.

Cross-examined: I took 16 orders altogether. As to whether onefourth of them were absolute frauds, the people have defrauded me and got me in this position. I heard Mr. Misener say this afternoon I was to make inquiries as to whether the people to whom I sold these things were responsible people, but I deny that he ever told me so. I had never seen Bert Hannaford before. I saw Gale at his private house. I never inquired whether he was a fishmonger. I went to Jenkins' address. No dairy business was carried on there; there was no shop. I do not know the witness Ashworth. I know Nicholls. I did not sell him two pawn tickets; he is lying on purpose. The machine I got when I came in with the Jenkins' order is in Archell Road, Fulham. I have not sold it. I have got the machine and am holding it for my wages. I told the governor he could have it when he paid me my wages. I have borrowed 5s. on that machine. I had other machines after I went with the governor to find these addresses. One was Miss Ada Roberts, of 38, Mill Hill Road, and another was Mr. Rose. (Prisoner was then asked to write the words " one disc talking machine " for the purpose of comparison with his receipts.)

Verdict, Guilty.

Detective-sergeant HANCOCKsaid that when prisoner was at the police court he asked him if he could refer to anybody for whom he had worked, and he point blank refused. There was one conviction for larceny. Prisoner was concerned in the obtaining of twelve or twenty machines which had undoubtedly been dealt with by him and another man. In one case there were three machines in a pawnbroker's shop.

Sentence, Nine months' hard labour.

Mr. Samuel asked for an order for restitution, but his lordship said he had no power to make it.

ESSEX CASES.

BEFORE THE COMMON SERJEANT.

(Tuesday, February 8.)

BAXTER, Harry (34, bricklayer) pleaded guilty , of feloniously possessing a mould for coining.

When the detectives went to prisoner's house and arrested him he said, " I will tell you all about it. I have tried hard to get a job and was promised one soon. I have five children to keep. A man cannot see them starve." From different parts of the kitchen he then produced a file, a ladle containing metal, a bottle containing cyanide of Potassium, a packet of plaster of Paris and other articles used is coining. No previous conviction.

Sentence, Six months' hard, labour.

SCOTT, Alfred Edward (25, labourer), pleaded guilty of feloniously possessing a mould for coining. Several previous convictions were proved.

Sentence, Four years' penal servitude.

BEFORE MR. JUSTICE COLERIDGE.

(Wednesday, February 9.)

WHITE, James (26, labourer) , rape upon Emma Foster.

Mr. Horace B. Samuel prosecuted.

Verdict, Not guilty.

BEFORE THE COMMON SERJEANT.

(Wednesday, February 9.)

BUTTI, Wm Alexander Stephen (24, labourer), pleaded guilty of feloniously marrying Grace Rosina Mayes, his wife being then alive.

Sentence, Six months' hard labour.

SURREY CASES.

BEFORE THE RECORDER.

(Wednesday, February 9.)

CLARE, Arthur (31, groom) , uttering, well knowing the same to be forged, a certain forged order or request for the delivery of five pairs of boots, with intent to defraud; stealing five pairs of boots, the goods of Harold Percy Turff ; stealing five pairs of boots, the goods of Griffith Hill ; stealing five pairs of boots, the goods of Albert Richardson .

Mr. Warburton prosecuted.

Prisoner pleaded guilty of all the charges except as to the goods of Griffith Hill; he also confessed to having been convicted at East Norton Petty Sessions, Leicestershire, on April 3, 1908, receiving six weeks hard labour for stealing. Other convictions proved: October 27, 1903, at Battle Petty Sessions sentenced to two months' hard labour for stealing a bicycle; and November 11, 1908, at Loughborough Petty Sessions three months; December 3, 1908, Leicester, three months' hard labour; April 28, 1909, Slough, six months' hard labour— all for obtaining boots by false pretences. There was stated to be another warrant against the prisoner for obtaining boots on January 14, 1909.

Sentence, 18 months' hard labour, the Recorder taking all charges into consideration. Order for restitution made.

MELVILLE, Chas Whyte (23, actor), pleaded guilty .of burglary in the dwelling-house of Alexander Mackay, with intent to steal therein; stealing a purse containing ₤ 1 2s. 6d., the goods and moneys of Emma Haite ; he also confessed to having been convicted at Chelmsford on October 21, 1908, in the name of Leslie Scott, receiving three months for stealing a pair of gold rimmed eye-glasses. Other convictions proved: September 22, 1906, Marlborough Street, one month for stealing; September 30, 1907, Bath City Police Court, three months and two sentences of one month concurrent for stealing; December 16, 1907, Bristol, one month for being found on enclosed premises.

Sentence, Nine months' hard labour.

BEFORE THE RECORDER.

(Thursday, February 10.)

HUTT, Edward (30, musician) pleaded guilty , of breaking and entering the dwelling house of Sidney Morall, and stealing therein the sum of 13s. 2d., three razors and other articles, his goods and moneys.

Sentence, Six months' hard labour."