21st October 1889
Reference Numbert18891021-861
VerdictGuilty > with recommendation
SentenceImprisonment > hard labour

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861. CHARLES ROSE (22), Unlawfully obtaining by false pretences an order for £80, with intent to defraud.

MR. WILMOT Prosecuted, and MR. LAWLESS Defended.

PHINEAS ABRAHAMS . I am a partner in the firm of Lewin, Vavacour and Co., cabinetmakers, Tottenham Court Road—on 6th January I was at Mr. Jacobson's in Torrington Square—the prisoner was there—he was a perfect stranger to me—I went there by chance—Mr. Jacobson introduced him to him as a young man of good position, who he had known many years; that he had taken a public-house, and had paid £680 into the hands of Mr. Fowler, of Chancery Lane; that he was going into the house on the following Tuesday; that he had also purchased a house last week, and it had made him rather short, and he wanted to borrow some money for little necessaries on going into it, as he did not want to apply to his friends; and he said, "You have got a little money, I think?"—I said, "I don't care much about this sort of thing "—I made an appointment with the prisoner for next morning, when he came with Mr. Jacobson—I questioned him about his position—he told me he was about to be married—it was mentioned that he wanted about £100—he proposed that

he should have £80, and give me bills for £100—he repeated what he had said the night before—I had known Mr. Jacobson many years; the prisoner said, "I am going to be married, and it is not likely I should go back in the next six months"—I gave him a cheque for £80, and he gave me three bills of exchange for £33 6s. 8d., payable at one, two, and three months—the first was payable that day month, the 18th June; this is it—I had no security—when it became due it was dishonoured—the cheque was cashed—he said he was shifting his account to the Notting Hill Bank for convenience, as he was going to take a house in Portobello Road.

Cross-examined. Mr. Jacobson has only introduced me to one person before to lend money—I am a furniture broker; I do a little money lending occasionally—Mr. Jacobson did not come to me and say he had a young man who wanted to borrow money; it was accidental—he said that he had known the young man many years, and his family, and he was a most respectable young man—I said at the Police-court that Mr. Jacobson said everything, and the prisoner was standing by—he joined in general conversation—I also said I believed what Mr. Jacobson told me—I did not go into the percentage—he was to purchase furniture afterwards on the hire system—my firm got the money, but the purchase was never completed—I did not tell the Magistrate that I saw the prisoner give Mr. Jacobson £10 when I advanced the money; I did not know it then, but it oozed out—I did not say that Mr. Jacobson gave him a cheque for £69 and a sovereign.

Re-examined. He mentioned Mrs. Jewell, and said he was engaged to her daughter, and she was security to the brewers or distillers for £700.

By MR. LAWLESS. I told the Magistrate that he said Mrs. Jewell was security for £700, not that she was going to become so—I had a solicitor before the Magistrate; I have not now, because I did not want to spend any more money—he gave me the address of the broker, Mr. Fowler, 55, Chancery Lane.

SIDNEY SOLOMON JACOBSON . I am a commercial traveller, of 69, Torrington Square—I have known Mr. Abrahams many years; I have known the prisoner about eighteen months—he came to me about May 14th by appointment to get some furniture on the hire system, as he was about taking the Oxford Arms in a few days, and was about to be married—he said he had paid the broker, Mr. Fowler, £680 for the goodwill and the valuation, and he was short of money to buy sundries, and wanted to get into his house properly equipped, and could I introduce him to anybody to get the money—I said, "If what you say is bond fide I will introduce you to a friend of mine, Mr. Abrahams, who will very likely let you have the money," and I did so the same day; he stated the facts and I repeated them—he mentioned Mr. Fowler, and said that his intended mother-in-law had stood security to the distillers for £700—Mr. Abrahams said he would think over the matter—we met again next morning—the prisoner said he wanted £80 as he had paid all his money into Mr. Fowler's hands for the goodwill—Mr. Abrahams not being in the habit of lending money said, "What can you afford to pay for this?"—he said, "Make it £100, and I will give you £20; that will not affect me very much in three months," and it was agreed that he should give three bills at one, two, and three months—he gave Mr. Abrahams £10, £5 for the introduction and £5 for me—when the first

bill was dishonoured he came to me in a hurry on Friday morning and said, "If you will come with me to my solicitor in Gray's Inn, I have to receive some money, and will give you the money for the bill"—I said, "What do you mean about this loan, was £50 paid as a deposit, and an I O U? you told me you had paid for the goodwill "—during the conversation young Mr. Robertson said, "What is the meaning of this?" and he said he had no money in hand, and Mr. Rose could not pay it—I asked him what it meant; he made no reply.

Cross-examined. I am not certain whether I said a word before the Magistrate about the conversation with the solicitor—I said that I was surprised to find that the solicitor said he had paid £50 when the prisoner said he had paid £80—I may have introduced a person to Mr. Abrahams once before to lend money—Mr. Abrahams drew a cheque for £80, and I drew one for £69 and a sovereign, deducting £10 according to the prisoner's wish—the £10 was for my introduction—when I introduce people to Mr. Abrahams I do not get a commission upon it—what the prisoner got was £70—I said before the Magistrate something to the effect that his intended mother-in-law was going to become security for £750—I do not know that I have changed that to-day—no solicitor has told me that it would not be a false pretence if she was only going to become security; I have not seen any solicitor—I believe the words were that she had become security; I consider those words as just the same—I do not know that one is a legal false pretence and the other not—as a fact, he was introduced to Mr. Jewell's daughter; that was how I became acquainted with him—I told Mr. Abrahams that I had known his family" for some time"—I was first introduced to him by Mrs. Jewell, who is a customer of mine.

JAMES FOWLER . I am a public-house broker, of 55 and 56, Chancery Lane—about April 28th the prisoner called on me with reference to the purchase of a public-house—he said he was Charles Rose, manager of a public-house—he was a stranger to me—I submitted the names of several, amongst them the Oxford Arms, Portobello Road, value £5,000; the ready money to be paid was between £500 and £600, before he could enter; the rest would remain on mortgage—he went to see it, and came back, and said he was willing to take it; he signed, a contract, and gave me an I O U for £50—£500 would be payable on the day he took possession—he came nearly every day for a week or ten days—I met him at Notting Hill, and he gave me a cheque for £50 on the Notting Hill branch of the London and Southwestern Bank, which was dishonoured the first time, and honoured the second—there was about twenty-two days between—this cheque for £5 10s., dated 24th May, is an open one, which he obtained from me for a crossed cheque of his own, which was dishonoured—the deposit was forfeited because he could not find the money, and it was paid into Court, and was paid to the purchaser—there is no truth in the statement that he had paid me £680 in hard cash—Mrs. Jewell did not become security—all the cash I had was £50.

Cross-examined. It was not the vendor who refused to complete—the prisoner brought an action to recover the £50, and I paid it into Court—his solicitor compromised the matter, and the prisoner was not to be found he did not recover the whole amount; the action never was fought—it is a common thing for a public-house to be bought, and all the money,

within a few hundreds, to be in the hands of the distillers or brewers.

MARTHA JEWELL . I keep the Windmill Tavern, Acton—in May last year the prisoner was engaged to be married to my daughter—he told me that he wished to become the proprietor of the Oxford Arms—I did not undertake to become security for him for £700, nor did I lead him to think so—he never asked me to render him any assistance, or to make him any advance.

JOHN WILLIAM JARVIS . I am a clerk in the Notting Hill branch of the London and South-Western Bank—on 16th May the prisoner opened an account there by a cheque for £69; on the 20th he drew out £50—the account was closed on 30th September—he had paid in one or two items to his credit, and there were debits on the other side—there was a small balance, which we took for our charges.

WILLIAM JAMES . (Police Sergeant D). On 22nd December I went to the prisoner's father's house in Kenmure Road, Hackney; I did not find the prisoner there, he had escaped, and got across back walls and entered a house two houses from his own, through the window, where I arrested him in the dining-room—I read the warrant to him; it was for obtaining money by false pretences—in going to the station he said, "That £80 should have been £100, they wanted to charge me £20 interest for three months"—I received the warrant on 19th August, but had not been able to find him—I had not gone to his father's house, but I had inquiries made there—the father had removed from Stoke Newington to Hackney.

GUILTY. Strongly recommended to mercy by the JURY.— Six Months' Hard Labour.

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