The Proceedings of the Old Bailey

 

  MORRISON, Stinie (29, baker), was indicted for and charged on the Coroner's inquisition with the wilful murder of   Leon Beron.

Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted; Mr. Abinger, Mr. Macgregor (and subsequently Mr. Roland Oliver) defended.

Police-constable DAVID DAVIS, 545 W, proved plans.

Police-constable JOSEPH MUMFORD, 863 W. At 8.10 a.m. on January 1 I was on duty on Clapham Common. Walking along the path that leads from the bandstand to Lavender Gardens I saw close to the path and lying amongst some bushes the body of a dead man. I just picked up his left hand and dropped it again. I sent for assistance, and other police officers and the divisional surgeon arrived.

Cross-examined. I saw some footprints; I cannot say how many; I did not take an impression of them. There was a pool of blood at the side of the railings and a trail of blood from the railings across the path. The body had a great-coat, the second button from the top being buttoned. The head was lying on the astrachan collar of his coat, and underneath that were some dead leaves. The body was lying flat on its back, and quite naturally, the left arm being exposed and the right under the hip. His hat, which was unbroken, was lying 12 ft. south of the head, on the mould. There was blood on the left side of the coat-collar, on his face, and on the sleeves. There was a collection of blood near the head. This black handkerchief (Exhibit 36) was laid over the crown of his head and tucked into the top of his coat, hiding the top of his head and both sides of the face. This handkerchief (Exhibit 38) was lying on his left-hand side. The face was covered with dirt. I saw the cuts on the right and left cheek on the day of the inquest, January 15; they were from the eye to the mouth. (Mr. Abinger here put in Exhibits 13 and 13A, which were photographs of the dead man, stating that they had been supplied by the Director of Public Prosecutions. Mr. Muir stated that the Prosecution was in no way responsible for them, and he was by no means clear whether they were direct photographs.

Detective-sergeant JOHN BAUSTRIP (New Scotland Yard) produced and proved two photographs he had taken of the body on Clapham Common on January 1 (Exhibit 18 and 19) three photographs at the mortuary showing the body in different positions (Exhibit 8), and an enlargement of one of these latter (Exhibit 8a).

Cross-examined. These photos produced to me (Exhibits 13 and 13a) are copies I have taken of the originals, with which Inspector Ward supplied me. When I took Exhibits 18 and 19 it had been raining.

Dr. FREDERICK FREYBERGER, Pathologist. On January 3 I made a post mortem examination of the deceased's body. I found four scalp wounds and five wounds on the forehead. (Witness described these wounds in detail.) The left ear was torn through horizontally. All these wounds, in my opinion, were inflicted by a blunt metallic instrument; it need not have been heavy, but if not heavy it would have to be used with great force. On the right side of the face there were five cuts and upon the left two. (Witness described these cuts in detail.) The right half of the upper and lower lips was bruised internally opposite the teeth, but the teeth were not loosened. The cuts on the face were, in my opinion, caused by a knife and the injury to the mouth was caused by the deceased falling. I found also injuries on the back of the left hand and on the left forearm. (Witness described these in detail.) They would be caused by the deceased falling. On the body I found three stabs. (Witness described these in detail.) All these, in my opinion, were inflicted with a knife which, taking into consideration the depth of the wounds and the thickness of the chest wall and the clothing, must have been five inches long. I came to the conclusion that they were inflicted very shortly after death, owing to the sharp character of the edges, which were not everted, rounded off and suffused, and the fact that there was only a small quantity of blood found in the abdominal cavity, which would not have been the case if those wounds, especially that in the liver, had been inflicted during life. From the course which they took I came to the conclusion that the body was lying on its back when they were inflicted. There was a smell of alcohol about the contents of the stomach, and from the fact that they were about two-thirds digested I concluded that death took place between three and four hours after the last meal. The skull was extensively fractured and splintered. At the place where the horseshoe-shaped wound was there were two parallel cracks over the whole thickness of the frontal bone corresponding in length and direction with the course of the double wound. In my opinion, the cause of death was concussion of the brain and fracture of the skull, caused by blows. I think the first wound inflicted was the double horseshoe wound on the right side of the forehead, which in itself would be sufficient to cause death. A person receiving such a blow, if standing, would immediately sink to the ground unconscious and death would rapidly supervene. The other blows on the head must have been inflicted after deceased was on the ground. In my opinion, eight blows were inflicted on the head, the first two causing the horseshoe-shaped wound. Blood would come on the instrument and, if the instrument were raised to repeat the blows, there would be sufficient to run down to the end and drop on the hand of the person using the instrument. I think it is possible for the blood to drop upon the assailant's collar. I should think the

knife used to inflict the stabs would have one complete cutting edge up one side and a partially cutting edge up the other some distance from the point, at least half an inch broad. From their appearance I should say the blows on the head were inflicted rapidly in succession.

Cross-examined. There were altogether 18 wounds, 16 of which I think were inflicted on the ground. I should not say that maniacal force was used. The arc formation in the horseshoe shaped wound is due to the retraction of the skin after death. It could not have been the result of perfectly straight blows. I think it is the result of two blows, because there were two parallel cracks in the skull, each of them corresponding with one of the branches of the wound. One blow with the sharp edge of a hammer would not cause it; the sharp edge would have pierced the bone. It may have been an angled or non-angled instrument that caused it. A burglar's jemmy could have inflicted it. The cuts on the face were all superficial, and inflicted after death. I have formed no opinion as to why they were inflicted. There were two symmetrical wounds, one on each cheek, having an open "S" shape. I have formed no opinion as to whether they were deliberately traced on the face; they were symmetrical images of each other as far as it was possible. The contents of the stomach were meat and bread. It is impossible to fix the time when food will become disentangled, as it depends upon the individual. I said that death took place between three and four hours after deceased's last meal, but I cannot fix the time when he had the meal. If he had had tea and cakes shortly before 12 I cannot say when that would be digested, but most of it would have probably passed out within two hours. I cannot say at what time there was complete digestion. From the experience I have had of persons who have died a certain number of hours after their last meal I judged the condition of the remains of the meal in deceased's stomach similar to those I have found in other persons whose hours of death I knew, practically irrespective of what their last meal was. I have formed no opinion as to whether there were two assailants. I think there are two corresponding stabs in the great coat. I cannot say whether prisoner, being a tall man, must have stooped to inflict the 16 wounds on the ground. A large quantity of blood would not necessarily come from the scalp wounds, because death having intervened, they would cease bleeding. There would have been a fair amount of bleeding from the first two wounds, but there would not be spurting. The other blows were inflicted very soon after death. I cannot be more precise than that. When a person is rendered unconscious bleeding from arteries ceases; there might be a slow oozing up, but there is no spurting of blood.

  JOSEPH NEEDHAM , police-surgeon, W Division. At nine a.m. on January 1 I saw the body of the deceased on Clapham Common; it was slightly inclined towards its left side. A muffler was drawn over the top of the head and over the ears at both sides of the face. The collar of the coat was pulled up over the back of the head, the muffler being higher than the collar. There were a number of severe wounds on the head. The second button of the coat was fastened and on the

front of the coat there were some blood and mud. A quantity of soil was adhering to the toes of the boots and there were mud and blood on the backs of both hands. I came to the conclusion that he had been dragged by the back of his collar face downwards to the position in which I found him; I could trace the tracks where he had been dragged. Judging from the warmth of his body I considered he had been dead about six hours; that would be taking it back to three a.m. I was present at the post-mortem examination. I agree with Dr. Freyberger's evidence.

Cross-examined. The symmetrical cuts on either side of the face were like the "F" holes on each side of the strings of a violin; they could not have been produced accidentally. They could not have been caused by the face passing over something rough on the ground; they were cuts with a knife. There was a great deal of blood on the left cuff and some blood and mud on the knees of the trousers. There was a fair amount of blood on the collar. On the coat I see only one stab on the right side. It was an extraordinary thing that anyone should have stopped to inflict these facial wounds; they were not dangerous to life. I said at the Coroner's Court that I thought they were some sign. I do not know the Russian word "Spic," meaning "Police spy "; I saw something in the newspapers about it. I formed the opinion that the wound on the forehead was the result of two blows. A hammer would not have produced it; a straight iron bar, such as a jemmy, would. In my opinion it was an instrument with an angle. The arc shape of the wound is caused by the rotundity of the cranium. The appearance of the wound when I saw it on January 3 was very much the same as it is in this photograph (Exhibit 13). Tea and cake would digest in an hour or two; pork would take from three to five hours to digest. I can say for certain that the man's last meal consisted of meat.

Re-examined. The remains in the stomach wore consistent with ham sandwiches having been eaten. (To the Court.). An instrument such as a jemmy or a chisel would have produced the horseshoe-shaped wound.

  SOLOMON BERON , 133, Jubilee Street, E. I have no occupation. Deceased was my brother; he was 48 years old. He was living at 133, Jubilee Street; I was not living there at the time. He was born in Russia; our family left there when he was about a year old, and we lived in France for 30 years. We came to this country in 1894. Since that time he lived in the East-End; he did no work. He had nine small houses, bringing him in a clear income of £25 a year. He had no banking account; he used to carry his money about with him. At the time of the crime he had £12 on him. He always wore a gold watch and chain, attached to which was a £5 piece, worth altogether about £30. This is his pipe (Exhibit 39). I last saw him alive at 10.45 p.m. on Saturday, December 31, in Fieldgate Street. He was alone. I tried to speak to him, but he did not speak to me. On the following Monday I identified his body.

Cross-examined. My brother David lives with me now. The week preceding the crime I was living at a Rowton House at 7d. a night.

My brother did not help me at all as he had nothing to do it with. I was living on what I had saved from my earnings in Paris; I was a traveller for my sister; I left there in January of last year. I came over to try and make an application before the Courts about an action of negligence which I had against some solicitor who acted as a trustee on behalf of an estate which I had entrusted to him; my case has been going on five years. David used to pay my brother 9d. a week towards his rent, which was 2s. 9d., during the time he lived with him at 132, Jubilee Street, 15 months. I never received any assistance from Leon; he had not sufficient to live on himself. He told me he paid 14 guineas for the watch second-hand; it cost £25 new. From 1894 to 1905 he lived with me, and he used never to spend a penny on himself; he saved some money and bought this watch and chain; Jewish people buy jewellery to save money; they can always get it back again. My father is in a home in Nightingale Lane, on the south side of Clapham Common. Deceased never went to see our father as he was not friendly with him. I always went. I cannot say where my brother passed his evenings. I do not know of any Anarchist Club in Jubilee Street. I know there was such a club in the same street as my brother was living in—Jubilee Street—but I have never been there. It is nothing to do with this case as to where I got my clothes that I am wearing. I brought £100 to London, my savings. It is in the Bank of England now. I do not know if there is any of it left; I shall have to look. I do no work, if my lord will allow my application, I have got an estate. I did not know Fritz Svaars nor "Peter the Painter." I have known Rosen since he was mixed up in this affair. I have never spoken to him after he gave evidence at the police court. I did not say to him that if he came to the court and told the truth he would go to prison or that he would be poisoned or drowned. I have only known Mrs. Deitch since she came here. I do not know Mr. Deitch. I know Jack Taw by sight; I have never spoken to him since he gave evidence at the police court. I have seen him in Snelwar's Restaurant, but I have not spoken to him about this case. I have been every day to the restaurant; sometimes I have seen him there and sometimes not. I go there in the afternoon and spend all the time I have got there. I go nowhere else except to do my business—to go to my solicitors. I have never seen Mrs. Deitch in there.

Re-examined. The Anarchist club in Jubilee Street has been closed; I believe it is a picture-shop now. I never knew the name of it.

  ALEC SNELWAR , restaurant keeper, 32, Osborn Street, E. Deceased for the last six years spent much of his time at my restaurant; my customers called him "The Landlord." I used to give him gold and he gave me silver for it. He kept his money in a wash-leather purse, which he used to pin to his waistcoat pocket with a safety-pin. He used to carry £20 or £30. About two months before the crime prisoner started coming to the restaurant; he came a good deal. For the last three weeks he was every day in deceased's company for half an hour

or an hour, sometimes about 9 p.m. and sometimes 10 p.m. Prisoner was a left-handed man. I have seen him with two or three different suite on within two months. On December 31 I saw deceased at 2 p.m., and then again at 9 p.m., when he was with prisoner. They remained together till 11.45. I do not remember if they went out between those times; I saw them still sitting at the table alone at 11.45, when they went out together. Deceased used to wear a big 18-carat gold watch and chain, with a £5 piece, and he was wearing it on this night. I close my house at 12. I never saw deceased alive again. I next saw prisoner between 11 and 12 a.m. on the next day; he walked into the middle of the shop, spoke to nobody, and then went out again. He came back no more. Up to the 31st he had been a regular customer for two months. He had this overcoat (Exhibit 14) on when he left; I had seen him wearing it frequently.

Cross-examined. Deceased used to come every day at two and stop till 12, sitting and eating; he never used to spend more than 1s. 6d., and sometimes less. At 9.30 on this evening he had a glass of tea; I never saw him eat anything at all that evning. I do not know what he had to eat before 9.30 because I was not in the shop till nine. He smoked a clay-pipe, a white pipe; he bought his tobacco somewhere else; I only sell cigarettes. My customers are mostly Russian. He spoke French generally, but when speaking to me he spoke Yiddish. Solomon was a customer also; he used to come in at about 12 or one and stop till ten every day. My customers do not come to my shop to do business. I used to employ Jack Taw. I gave him a job, helping me in the restaurant about a day or two a month, giving him 1s. or 1s. 6d. a time. I do not remember how long ago it is since I last employed him regularly. He comes in every day now as a customer, stopping after dinner all day. Joe Mintz was a waiter of mine; on Thursday it will be two weeks since he left; I do not know why he left. He tried to hang himself last summer. They took him away to Colney Hatch, where he was three-and-a-half months; he came out about two months before Christmas. Perhaps he had a fight in the shop before Christmas, but I did not see it. He had a row but I do not call that a fight. I do not know Mr. and Mrs. Deitch. Hermilin has been coming to the restaurant for the past three years; he lives upstairs. Solomon Beron has been coming to the restaurant every day recently. Weissberg has been only coming on a Saturday and some times a day or two in the week. Zaltzman used to come every day, but stopped doing so about four weeks ago; he only comes occasionally now. Taw, Zaltzman, Weissberg and Solomon Beron have not been to the shop and talked together since this case has been going on. I cannot see what different people are talking together. I have seen Taw talk to Solomon Beron, but Beron would not answer him. I have seen Solomon Beron sitting at the same table as Weissberg and Zaltzman, but not frequently. David Beron stopped coming about two weeks ago. The Shoreditch Empire is about 20 minutes' walk from my restaurant. I did not know that prisoner was selling cheap jewellery from a month or two before Christmas. I

bought a pawn-ticket for a silver watch and chain from him for 2s. 6d. and redeemed it for 13s. He never tried to tell a revolver in my shop. On one occasion I saw him put one in his hip-pocket; he did it quite openly. I never heard deceased discuss the Houndsditch murders with my customers. I heard that he brought £26,000 from France and he lost it here. The money he had on him was from the rents that he collected, I think, in the morning. I do not know that he collected no rents on December 31. I never saw this rent-book on him; it was another one. I did not see prisoner with gold on December 31; I have seen him with gold before that date, but not frequently. I never saw deceased with women. I know his father lived in a Jewish home, but I do not know where.

Re-examined. It was about four weeks before the crime that I bought the pawn-ticket from prisoner; he said he did not want to sell the watch! and chain, and I said, "Pawn it, and I will boy the ticket."

(Tuesday, March 7.)

Joe MINTZ. I was a waiter at 32, Osborn Street from December I to the 31st. I have been employed there two years and knew deceased as a regular customer; he was called "The Landlord." I knew prisoner as a regular customer every day from December I to the 31st. About two weeks before the crime prisoner became very friendly with deceased; I saw them talking together every day; he was more friendly with him than with anybody else. After 6 p.m. on December 31 he handed me a parcel wrapped in brown paper and about two feet long and four or five inches round. The guv'nor's daughter, a little girl with whom he was very friendly, said, "What is it?" and he said, "It is a flute" Prisoner said to me, "Keep me this parcel. When I go out I will take it from you." He then went over and sat with deceased at a separate table and was sitting talking to him the whole evening. Between 8 and 9 p.m. he asked for two glasses of Russian tea. He spoke in English. At about 11.40 he called for a lemonade and then came up to the counter and asked for his parcel. I gave it to him and he went out with deceased. It was too large and heavy for a flute; it was like a bar of iron. It was not like this (Exhibit 4) I saw deceased wearing a gold watch and chain and a £5 piece. I never saw prisoner again until I saw him at the police station.

Cross-examined. I live now at 155, Jubilee Street. I lived for two weeks at Snelwar's Restaurant. I know Solomon Beron as a customer; he still goes there. I know Jack Taw, sometimes as a customer, and when there is too much work he used to get a job there. I do not know if Solomon Beron was friendly with Hermilin; I have seen them talking together. They and other customers used to talk together every day. I never saw Taw and Solomon Beron talking together. It is true that I once tried to hang myself in the shop, but that was nine months ago. I went to Colney Hatch for three months; I was discharged on October 22.

Mr. Abinger asked the witness whether he had not attempted to commit suicide on more than one occasion.

Mr. Justice Darling warned Mr. Abinger of the consequences under the Criminal Evidence Act of imputing to a witness for the prosecution an attempt to commit felony.

Mr. Abinger stated that he was not imputing any offence, but his questions were put to show that the witness may be non compos mentis. Mr. Justice Darling. That would be a question for the Court who tried him.

Cross-examination continued. I have only once attempted to commit suicide. I have a good memory. After coming out of the asylum I never had a fight or a row with anybody in the restaurant. On the morning of December 31 prisoner abused me for not serving him his breakfast at once, but I never answered him. I did not notice whether deceased left the restaurant after 2 p.m., before he finally went out on December 31. Prisoner came in in the morning, went out and returned just past 6 p.m.; I did not notice whether he left again. The deceased spoke to no one but prisoner that evening. I did not see him talking to Solomon. I put the parcel the prisoner gave me in a cupboard; I just had to turn round to do so. I was very busy that night as we had a lot of customers in. Only the little girl was there when he handed it to me. The deceased was sitting at a table in the middle of the shop at the time. Prisoner used to play with Becky every day. We sell meat from joints. Deceased did not have a meat supper that night; he had his dinner at 2.30, when he had meat, but I did not serve him with anything to eat after that. We do not sell wines or spirits. I have never seen prisoner with a revolver nor have I seen him offer cheap jewellery for sale. About three weeks before the crime I pawned a silver watch and chain for him and gave him the money, 12s., and the ticket. About two days before the crime I saw him wearing a small gold watch and a thin chain. I cannot say whether Exhibits 5 and 6 are the ones; I did not notice him wearing them before that.

To the Jury. Exhibit 4 is more than a foot long, but I cannot say how much; the thing that prisoner gave me was about five or six inches longer. They never sent out for alcohol for customers during the time I have been there. I have never seen deceased take any alcohol or bring it in with him.

  HENRY HERMILIN , furrier. I live at 32, Osborn Street, and am there every day. I have known deceased over three years, and used to see him at the restaurant every night. I have known prisoner two months, and used to see him in the restaurant also. I have seen him talking to deceased. Deceased always wore an 18-carat gold watch and chain. The watch weighed 6 oz. with the movement. I wanted to buy it from him for £13. Eight days before Christmas prisoner took it from him and remarked that it was a very heavy watch; I was sitting beside him and deceased. Between half-past eight and 9 p.m. on December 31 I came from my room and saw the prisoner and deceased at a corner table; they were having tea together. I sat down and had some tea. They went out together and returned twice; I did not notice at what times. Between 11.45 and 12 p.m. they went out together, and I did not see them any more. Deceased was wearing his watch and chain. I never spoke to prisoner. Deceased always had gold in a purse like this (produced), which he kept inside his

waistcoat pocket, fastening it with a safety-pin. I know he had sometimes £20 and sometimes £30 at a time.

Cross-examined. He told me he had got the money to pay his mortgages n his houses. I noticed two weeks before the crime prisoner was too friendly with the deceased; I saw them every night I came from work. I have seen them a couple of times talking together. I noticed prisoner had a small gold chain and a little watch; it can be a month or less. It was not Exhibits 5 or 6. I did not notice-whether prisoner showed deceased his watch when deceased showed him his watch. I had deceased's chain weighed; it weighed 3? oz. I said at the police court that I had seen him with £20 or £30. I know that they went out together a couple of times before they finally left on December 31, but I do not remember whether I said that at the police court. These are my depositions which I signed. (They were put in and read.)

Re-examined. I understand a "couple" of times to be 10 times or more. Deceased was a particular friend of mine. He was a quiet man. He showed me a receipt for 14 guineas that he had paid for the watch.

  JACK TAW , McCarthy's lodging house, Thrawl Street. I have no regular work. I work sometimes as a waiter at Snelwar's Restaurant. and was employed there during the week after Christmas. I came there on December 31 at 8 p.m. and then left. I saw deceased there with prisoner sitting at the same table. I left and returned at 11 p.m. and found them still there. They left together at 11.45 p.m. At 1.45 a.m. I was next to the coffee-stall at the corner of Church Lane when I saw them at that corner on the opposite side of the road walk-ing towards Mile End. On some day in December prisoner showed me a black pistol similar to this (Exhibit 10), which he took from his hip pocket. He said nothing. I have seen him write. He is lefthanded.

Cross-examined. I am 16 years old. I came to London by myself from Galicia three years ago. I have since been earning my own living. I have no father and I do not know where my mother 1s. For the last three weeks I have been living at Rowton House. For four months previous to that I was at McCarthy's lodging-house. I was last employed as a regular waiter in Snelwar's Restaurant two years ago at 7s. a week; since then I have worked for him about four times a month, receiving 1s. 6d. a day and eating. I go there now every day as a customer sometimes and sometimes as a waiter. I received 2s. from him last Saturday. On December 31 I was a waiter there from the morning till the afternoon; I went in the afternoon to the Cambridge Picture Show and in the evening I went back to get my money—6d. When I saw prisoner and deceased in Church Lane is about 50 yards from the restaurant. (The Foreman of the Jury, after measuring it, stated it to be 150 yards in a straight line. Mr. Abinger accepted the distance.) From 11.45 to 1.45 I was inside and outside McCarthy's lodging house with the boys. They were playing the piano inside; I came out alone at about 12.40. I said at

the inquest that I was out in the street looking about for two hours, and that is true. (It was seen by the statement made before the coroner that the witness had said nothing about the piano being played in the lodging house.) When I saw prisoner with a revolver he was not trying to sell it. There was a lot of people about when he showed it to me. Only the little girl saw it besides me. I used to know Rosen as coming to the restaurant. I swear I have not spoken to him since this case has been going on. I spoke to him twice while the case was going on at the police court, but I did not speak to him about the case. It was in the restaurant. Perhaps Solomon Beron was there when I spoke to him, but I did not see him; I do not remember if he was in the restaurant. On the day of the Sidney Street fight, when the firing was going on, I took Rosen to the police station. I was called into the police court while he was giving evidence. I did not say to him that if he came to the station and told the truth he would go to prison or be poisoned. I did not tell him that he had got to say he had seen prisoner with a revolver, and that he had seen him out in the street at 1.20. He told me he would like to go to the police court and say his evidence that he saw prisoner on the last night, and he did so. He did not know where the court was and asked me to take him there. I do not know whether Solomon Beron was present at the time. I did not tell Rosen if he came to the police court he would see some pictures. He did not call me "Jacobs" or "Jacob"; he called me "Jack." He pointed to me at the court as the person he knew as "Jacobs." I did not tell him that he must go and ask the guv'nor before he gave evidence; he said that some man had told him he must go and tell somebody else before he did so. I did not say to him, "They will show you some pictures. If you want to write your name in as a witness, you can. If not, it is nothing." He did not say, "I will go and ask whether I can be a witness." and I did not say, "I will write you down as a witness." I know Mrs. Deitch; I knew her properly a few weeks ago. I have never been to her house. I have seen Mr. Deitch twice. Solomon Beron has never threatened Rosen in my presence. I know Hermilin as "Deutsch." I know Mr. Deitch of 401, Commercial Road, also. He never saw Rosen. (Hermilin came into court and stated that he was known as "Deutsch," since he was a German.)

  JACOB WEISSBERG , butcher, employed by Mr. Cudoc, butcher, Dalby Street, Soho Square. I have known deceased for about four years. I have known prisoner for two months, and have seen him in Snelwar's restaurant; I used to go there nearly every evening. I saw deceased and prisoner together on the night of December 31 in Commercial Street at 11.30 p.m. I was with my friend Zaltzman. We saw them again at 12.45, when I was in Whitechapel Road at the corner of Black Lion Yard; it was about 50 yards westward of the London Hospital. We were walking towards Mile End, and they were coming the opposite way.

Cross-examined. I met Zaltzman at the restaurant at 6. p.m.; we left immediately and went to Aldgate and then to the Bank of England;

land; then to Zaltzman's house in St. Mary's Street; then to the Bank again; then to Bishopsgate and then to Snelwar's restaurant, where we had some supper. By this time it was 7.30. Leaving there about 8.30 we went to Mile End and back again to Aldgate. We continued walking to and from those spots all the time. We met a girl friend, and she walked with us, leaving us about 11. We continued walking the same walk till 12.45, by which time we had done the journey about five or six times. I never work at the butcher's shop on Saturday nights. I have seen Taw many times in the restaurant, but I have never talked to him about this case; I have no company with him as he is a poor chap. I have talked to Solomon Beron, Hermilin, and Snelwar about it. I do not know Rosen. I gave my statement to the police on February 10 or 11; I did not go before because I heard that Zaltzman had made a statement and I thought one statement would be enough. Zaltzman told me I had better go to the police, and I went.

Re-examined. Zaltzman told me they had asked him who was with him when he saw prisoner and deceased, and he gave them my name and address. They told me I was wanted at the station, and so I went.

  ISRAEL ZALTZMAN , furrier, 11, St. Mary's Street, Whitechapel. (Evidence interpreted). I knew deceased about three months, and used to see him at Snelwar's restaurant. I have known prisoner about four months up till now. I have seen them together at night time. Between 7.30 and 8 p.m. on December 31 I was with Weissberg in Commercial Street, when I saw them together. I again saw them at 12.45 a.m., next to Black Lion Yard, Whitechapel. About two months before the murder prisoner showed me a revolver. I told him that I had seen a man like him in the pictures at the cinematograph show, holding a revolver, and said that I was a good shot. He then took a revolver from his hip pocket and showed it to me. On the morning of January 2 I heard of the death of the deceased, and on that same day I went to the police and made a statement.

Cross-examined. I am a Russian Pole. I do not know what Jack Taw 1s. Deceased told me he was a Russian, and that when a small boy they had taken him to Paris. I know Hermilin and Weissberg; they are both Russians. I do not know that prisoner was born in Australia. (Witness here corroborated Weissberg's evidence as to their movements that evening.) It would take one minute to walk from Black Lion Yard, where we saw prisoner and deceased, to the corner of Osborn Street. Whilst walking from Mile End to Aldgate we met a man; I do not know his name. I do not remember meeting anybody else. I fix the time I met prisoner and deceased together because I looked at the Whitechapel clock.

Re-examined. (Mr. Muir proposed to ask whether witness had met a young woman on this night. This question was objected to, and the objection was upheld).

  NELLIE DEITCH , wife of Samuel Deitch, gasfitter, 401, Commercial Road, E. I knew deceased for 12 years. On December 31 I was at a party at my father-in-law's house, 73,. Commercial Street, and

I left there with my husband at past one on the morning of January 1. On our way along Commercial Road, between Philpot Street and Bedford Street, I saw prisoner with deceased. I had never seen prisoner before. They were coming towards me. I made an observation to my husband when I was about a yard away from them. When we came towards one another I looked at prisoner and he looked at me. When I passed the remark, he turned round to look at me. I did not notice his face then; I only noticed it when he was in front of me. On the evening of January 2 I heard of the death of the deceased and went to the police-station and made a statement.

Cross-examined. I stop at home looking after my children. I look after the business when my husband goes and does work outside. The business belongs to both of us, as I am his wife. I did not say at the police-court that the bicycle business is mine. I did not hear it read out to me that I said it was. (Mr. Abinger put to the witness her depositions, in which the statement occurred: "The bicycle business is mine.") The last place we lived at was 4, Jubilee Street; we left there 12 months ago for a change of better luck; we failed there, we tried for better. I do not know a woman named Lizzie Holmes. I know so many people that I cannot remember their names. I do not know a woman named Dolly Nevy. I have not had girls living in my house; I have only had a servant girl named "Lizzie." I do not know a woman named "Lena Hall." I do not know my servant's surname; I had her five months; she left me a month ago. I lived once at 5, Jubilee Street, where I had a tenant for two rooms, a Mrs. Simmons, with her husband and two children. Lizzie Holmes never had a room there at 3s. a week. She never used to bring in men to sleep with her for a short time or for all night. She did not use to pay me 3s. for each man that stayed all night and 1s. for each man that stayed a short time. My husband bought me the furs I am wear-ing. Lizzie Holmes did not follow me from 5, Jubilee Street to Commercial Road, and I did not let her a bedroom there. I left 5, Jubilee Street a twelvemonth ago. In March of last year I did not send for Lizzie Holmes to go with a man at my house. I do not know anything about deceased's father; he never spoke to me about him. I have known Solomon 12 years as well. I did not know their where-abouts. I first knew deceased when 12 years ago with his first wife he lived at my father-in-law's house. The wife died some years ago, and then he moved out. I cannot say whether he married again. He has never been to 5, Jubilee Street. I only used to see him "on his own" in Commercial Road. I never heard that Solomon Beron visited his father. My husband was equally friendly with deceased as myself. We never spoke to him when we saw him on this night, although it was New Year's Eve; at that time of the morning you would not stop and speak to the best of your friends. I first met Eva Flitterman at the South-Western Police Court. I did not know at the time what she was being called to prove. It is about half an hour's walk from my house to 73, Commercial Street. We got home that morning past two, leaving 73, Commercial Street at about 1.15. We had some refreshments at Levy's, in the Commercial Road, before we

met prisoner; this was at 1.45. We stayed there about 15 minutes and it took us about ten minutes to get home. It might have been 1.30 when we left Commercial Street. I might have said at the police-court that it was at 2.40 when we got home; it was near that time; I might make a mistake in a little, but I know it was about 2.15 when we met them; I remember seeing the time when we left the ham and beef shop and it did not take two minutes to the place where we met them. I never knew Jack Taw before this case. My husband never goes to Snelwar's restaurant. I have never seen Rosen. I cannot remember the hat prisoner was wearing. I knew his name by the paper. I was not shown any photographs when I went to Leman Street. The man who brought a statement to my shop to be signed showed me, at my request, three little photos of deceased in different positions. The only time I saw prisoner's photos was in the "Evening News" at my shop after I identified him. I may have said at the police-court that I saw his photo at Leman Street, (but I was asked such funny questions and I got confused. I can understand what is being asked me now. The photo of prisoner I saw was a sketch with two officers standing beside him; I saw it in the evening of the day I indentified him. I identified him a week after I saw him with deceased, between 11 and 12 a.m.

Re-examined. I lived at No. 4, Jubilee Street, for five years and from, there I moved to No. 5, where I lived two years. I had no tenant at No. 4, but at No. 5 I had a tenant, Mrs. Simmons. At no house that I have lived in did I let rooms for immoral purposes. I have five children. Twelve months ago I moved to my present address, where for seven months I let part of my house to a Mrs. Campbell, her husband, and little girl. Since they left, three months ago, I had a Mr. and Mrs. Hyman as tenants for two months; they are now living at 99, Charles Street. When we left 72, Commercial Street I noticed Greenlee's clock said it was a little over a quarter past one. All my children were being looked after at home by my sister-in-law. I noticed prisoner was wearing a long overcoat, which looked like a motor coat. He seemed very smartly dressed.

  EDWARD HAYMAN , taxicab driver. In December last I was driving a hansom cab and on the night of New Year's Eve I was in the Mile End Road. About two a.m. I picked up two men at the corner of Sidney Street; they were going towards Bow, when I asked them if they wanted a cab. I have since picked prisoner out as being one of the men; the other man was about 5ft. 5in. tall, dressed in dark clothes and black bowler. Prisoner had on a grey striped long overcoat with a black bowler hat. It was he who engaged and paid me; another cabman had pulled away from them and I asked them whether they wanted a cab. They said, "Yes, we want to go to Lavender Hill." Prisoner asked me how much, and I said, "I leave it to you." He said, "Very well, then, 5s." He said he wanted to go to Shakespeare Theatre, Lavender Hill. They got in, and I drove them to Lavender Hill at an ordinary pace. About five or six yards the other side of Lavender Gardens on the Clapham Junction side, I set them down.

Prisoner paid me 5s. On January 17 at the South-Western Police Court I picked prisoner out from a number of other men.

Cross-examined. I will not be sure whether it was on January 9 or 10 that I made a statement. It was about 8.40 or 8.50 p.m. I was on night work at the time and I was in bed during the day. Before going to the police station I had seen accounts of the murder in the newspapers and police notices which had been posted up in cabyards and shelters, but I had not seen prisoner's photo. I did not see the "Evening News" of January 9, 5.30 edition, before I went. I do not know why I did not go to the station before the 10th. I went because I saw the notices. I see the notices are dated the 6th. I did not go before the 10th because I was doing night work and when I went home I was tired. I went when I thought proper. I do not read many papers; I might go three or four days without looking at one. (Mr. Abinger called for the original statement that witness had made. This and the police reports with regard to it were handed to him. Mr. Abinger perused the documents and stated that the reports were dated January 9.) I cannot give any reason for not going to the station before the 9th. I knew of the murder, of course, on the 2nd. (The police notice, Exhibit 15, was read.) I did not want to have anything to do with the case at all. A few days after the murder I had an idea that the fare I had picked up was connected with it. I cannot say why I was not asked to identify prisoner until the 17th. I may have picked up 100 fares between the 1st and the 17th. I had seen full-sized portraits of prisoner in the papers before I identified him, but I did not go by portraits; I went by the general appearance of the man when I identified him. Sidney Street is not a likely place to pick up a fare, but on New Year's Eve you can pick up a fare almost anywhere. Previous to this fare I took a fare to People's Palace. I came out about 11 p.m. My first fare was from the "Elephant" to Brixton; then on returning to the "Elephant" I picked up a fare to Hoxton; from Hoxton I went to the Bank, and at the Bank I picked up the fare to the People's Palace. I took about 40 to 45 minutes to drive from Sidney Street to Lavender Gardens. Sometimes I have a better class horse at nights than in the day.

Re-examined. I suppose I first formed the opinion that my fare that night had something to do with the Clapham murder when I saw the police notice on the 6th. I do not know the name of the officer whom I saw at the station on the 9th. The next day, about 9 a.m., an officer named Jones came and took the statement from me, which I signed.

Mr. Muir tendered this statement in evidence and proposed to read it, on the ground that it having been called for by the other side he was entitled so to do. (Cited Rex. v. Bridgwater; see Vol. CXLIII., p. 82), in which the prosecuting counsel had not exercised the right given him by the Common Serieant to read a document called for by the Defence in similar circumstances.

Mr. Abinger objected to the introduction of the statement, on the ground that he had not read it aloud.

Mr. Justice Darling. In my opinion, as a strict matter of law and procedure, where a document has been called for by one Counsel who is cross-examining and is produced by the other side, and that Counsel makes himself acquainted with the contents of it, and then hands it back, declining to put it in, Counsel who has produced it is entitled to have it put in; it becomes evidence the moment he tenders it and asks that it shall be put in as one of the documents in the case; yet, in this case, unless Mr. Muir considers that the document is absolutely necessary to be read, I would suggest that it should not be put in. As these things gat reported, I think it well to say that if Counsel insisted upon his right to put it in and insisted upon my ruling as to whether it should be admitted or rejected, I would admit it.

Mr. Muir. Then I do not ask your Lordship to rule. I picked prisoner out without any hesitation. He was wearing this long overcoat (Exhibit 14). I have no doubt whatever that he is my fare.

Mr. Muir proposed to call Samuel Deitch.

Mr. Abinger objected on the ground that no notice of this witness's evidence had been given.

Mr. Justice Darling stated that Mr. Abinger could recall him for cross-examination at any time he wished before the close of the trial.

  SAMUEL DEITCH , plumber, 401, Commercial Road, East. Nellie Deitch is my wife, and we have been married 12 years. In the first place we lived at Brushfield Street, since that time we have lived at about five different places. On the night of December 31 we were at my father's house. We left at 1.30 a.m., and went to Gardiner's corner leading into Commercial Road, taking the line along Commercial Road. I did not see anybody that I knew. I did not see the deceased. (To the Court.) I remember my wife making an observation to me as we were going along just after we passed the men.

Cross-examined. My wife only made that one observation to me on our way home, except that she said she would like to have some refreshments.

Re-examined. She said she would like some refreshments when we were just by New Road. Just by Philpot Street she spoke to me on seeing deceased with a young friend.

(Wednesday, March 8.)

Mrs. DEITCH, recalled. (Mrs. Holmes brought into court). I do not know her; perhaps I have seen her in the street; I cannot remember seeing her. She has never been in my house. She is not my maid Lizzie. (Sarah Lask brought into court). I do not know her. I have never seen her. She has never been to my place. I have never been to Batty Street Buildings, Commercial Road, or in those streets, inviting women to come to my house to earn money.

Re-examined. (Mrs. Simmons brought into court). That is Fanny Simmons, wife of Samuel Simmons. They occupied two rooms in my house, 5, Jubilee Street. I have known them about 10 years. She has lived with me about seven or eight months. They are highly respectable people.

  ALFRED STEPHENS , cab driver. On the early morning of January 1 I was on the cab-rank at Clapham Cross. I saw a fare approaching;

he was walking round the railings from the Old Town, Clapham. I said, "Cab, sir!" He walked a little way on, turned round, came to the cab, and said, "Kennington." I set him down near the "Hanover Arms." I had an opportunity of seeing what the man was like. It was the prisoner. I am quite sure. I saw the police notice in the cab-yard on Monday, the 9th. At ten next morning I went to the police. I saw a portrait of prisoner that morning before I went to the police. I did not recognise it as prisoner, as he was side face, with his hat off and overcoat on. I gave a description to the police of the man I had seen. On January 17 I went to South-Western Police Court and picked out prisoner as my fare; he was dressed in a similar way as when he got into my cab. Going from Clapham Common to Kennington I heard some one call "Hi!" or "cab." I set prisoner down and went back to Claylands Road, where I heard the call. Finding no one there I walked my horse to the "Elephant and Castle," and put on the rank there. Prisoner paid me two shillings when he got out of the cab. At the "Elephant" I went to the coffee-stall to have my supper. It was then 3.40 a.m. When I set down my fare near the "Hanover Arms" he crossed toward Prima Road, and he would be walking towards Kennington Park.

Cross-examined. I came out on December 31, between two and three in the afternoon. I got to bed at nine next morning. I had two horses that day. I had about 12 or 13 fares. Before I picked up prisoner I drove from Blackfriars to Cedars Road, Clapham Common. I got to the rank at Clapham Common just before the last tram went to Tooting; that would be 1.30 to 2 a.m. I picked up prisoner about three or a few minutes after. I did not know the time. I did not look at the illuminated clock. I was on the ground when prisoner came up. I put my rug round me and jumped on the cab. There were two cabs on the rank when I got there. When prisoner came along I was alone on the rank. The light of the clock would be behind him as he came along. When he passed at the back of my cab towards Prima Road he did not walk in the direction of the taxicab rank. I turned the horse and cab round and saw him walking towards Kennington Park. That is where the cab rank is, outside Kennington Park. I heard of the murder on January 1. I did not go to the police on the Monday as I did not connect it with my fare. I did not read a description on the 2nd. I did not get up all that day. I do not think I saw any papers that day. I first connected it with my fare on the 9th. I saw the "Daily Chronicle" on the 10th. I never hardly buy a paper. If I buy one it is the "Star." I did not see any evening paper of the 9th. The police notice was not put up in our yard till Saturday, the 7th. I did not see it till the Monday. I have not had the £1 reward and do not expect it. This is my statement to the police which you have read: "I am a hackney carriage driver. On Sunday morning, January 1, the date I fix on account of its being New Year's morning, at about 1 a.m., I picked up two gentlemen at the Royal Hotel, Blackfriars, and drove them to Cedars Road, Clapham Common. I arrived

there about 1.30 and, after putting down my fares, went back and put on the cab rank at Clapham Cross, near the clock. There was another cabman with a four-wheeler there at the time. I remained on the rank until just before 2,30, when a man alone came from the direction of Old Town, Clapham. He passed the other cabman and I said to him, 'Cab.' He did not answer, but walked down the cab rank a little way and said, 'Eennington.' I drove him to Kennington and put him down just by the 'Hanover Arms,' opposite Kennington Church. He paid me 2s., did not speak and walked towards the 'Horns.' The man was perfectly sober and seemed to be in a hurry to get away. He was wearing a dark grey or green blanket coat with gauntlet cuffs and heavy collar. It was buttoned up and a white handkerchief round his neck, tucked inside, a black bowler hat, rather tight trousers. He was my height, 5 ft. 10 in., clean shaven, dark complexion I should think. I took him to be a man belonging to the theatrical profession. I have seen a photo of Stinie Morrison in the 'Evening News' of yesterday's date and identify it as being the man I picked up at Clapham Cross and drove to Kennington." I did not see the "Evening News" on the 9th or 10th. I told the police I was not sure of the time I picked my fare up and it was about one hour after the last tram went. The time of 2.30 was arrived at by an hour after the last tram went. I do not know what Hayman has said here. I next saw Morrison on the 17th. I had seen photos of him in the Press by that time. When I identified him he had a hat on. There is no hat in the "Daily Chronicle" photo. I gave my description to the police without any assistance from the newspapers. I never claimed to drive prisoner at 2.30. I went to the tramway company and inquired the time the last tram went and on their statement I went to the police and altered the time entirely by myself. I ascertained the last tram went at 1.58. The word "blanket" in the statement was not my word. I said it was a grey or green motor coat. I could tell you what boots he had on without having seen him in the photos. I did not say what colour handkerchief he had on.

Re-examined. Before January 9 the last day I worked I think was Wednesday; I was off work Thursday, Friday, Saturday, and Sunday: I was not well and stopped indoors. I went to the yard on the 9th, but not to work. That is the day I saw the notice. I told the police he had a button on the arm of his coat. As he paid me with his left hand it struck me; the policeman put down "gauntlet." (To the Judge.) I have not spoken to Hayman about this case.

Detective-sergeant CHARLES COOPER, W Division. I took a statement from last witness on January 9 at Brixton police Station; it might have been before noon or after. A constable named Durbin was there. He uses a typewriter. Stephens's statement was dictated by me to him sentence by sentence. The language in the statement is in Stephens's language generally. The words, "I remained on the rank until just before half-past two," are not exactly Stephens's

language. In the first place he said he remainded on the rank, he should think, about an hour. He said he was not certain of the time. I asked if it was possible to fix the time by anything and he mentioned about the last tram leaving, and by that he came to the conclusion it was about 2.30 that he picked this man up. I cannot say he used the words, "He passed the other cabman and I"; he must have used words to that effect. I do not think he said, "He walked towards the 'Horns' public-house," but, if I remember rightly, "He crossed the road and then went in the direction of the 'Horns.'"It is probable the clerk omitted the point of the man walking across the road as the importance of it was not seen. To the best of my belief Stephens used the expression, "dark grey or green blanket coat." When he came to the station he could hardly speak and was difficult to understand. He was more husky than to-day. He mentioned a button on the sleeve and I asked him if he would call it a gauntlet sleeve and he agreed." Heavy collar," "It was buttoned up," "white handkerchief round his neck tucked inside," "black bowler hat,"' "tight trousers" are his language. I think there was an "Evening News" in front of him. I did not show him a copy of it.

  NELLIE DEITCH , recalled. Further cross-examined. (Dolly Nevy was brought into court.) I have never seen this woman before. She has never used my house for immoral purposes. I was not in Commercial Road at 9 p.m. last night; I was at my father-in-law's house. I never asked her there whether she had seen her name in the paper, and I did not say, "They called you an immoral woman at the Old Bailey to-day." (Lena Hall was brought into court.) I have never seen that woman before. She never used to bring men to my house. (Becky Blue was brought into court). I have never seen that woman before. She did not lodge at 5, Jubilee Street, from May to September 1910; I was not living there then. I left there in May, 1910.

Further re-examined. I really cannot remember when I left 5, Jubilee Street. My agent is here and he can say.

  ALFRED CASTLING , taxicab driver. On the early morning of New Year's Day I was on a cab-rank near Kennington Church. Just after 12.30 a.m. I picked up a fare and returned to the rank. About 3.30 a.m. I picked up two men, one of whom on January 9 I identified as prisoner. The other man was shorter than he. I did not have much conversation with him, and I did not look at him much. Prisoner asked me how much I would take him to Finsbury Park Station for, and I said 7s. He hesitated slightly, and the other man spoke to him in a foreign tongue and pushed him into the cab. They both got in, and I took them beyond Finsbury Gate, in the Seven Sisters Road. They got out, and prisoner asked me what the fare was. I said, "You have struck the bargain, and you know." He then gave me three halfcrowns. I did not see what became of them after they left me. I afterwards saw this police notice (Exhibit 15) at my garage. I went to Brixton Police Station and made a statement on Wednesday, Januay 4, and afterwards (on the 9th) at Leman Street Police Station

I picked out prisoner from a number of men. On the 4th I made a statement to a man in uniform, and afterwards saw Inspector Ward at Leman Street on the 9th. It was on the Wednesday I went to Brixton and on the Monday I went to Leman Street. Prisoner had on a long motor-shaped overcoat, and I believe a cap. The other man was wearing a bowler. He was dark, and, as far as I can remember, had a dark moustache. He was about 5 ft. 6 in. tall.

Cross-examined. I started work on December 31 at 12 noon and continued till 4.50 a.m. (Witness marked the spot on the plan where he had picked up his fares.) I drove them just over seven miles. Seven Sisters Road leads into Tottenham. We arrived there about four a.m. I went into the garage at 4.45. I remember an Anarchist outrage in Tottenham two years ago, but that was not on the part of the road where I drove to; it was a few miles further on. I had not seen a description of prisoner before I went to the station; I had only read an account of the murder in the papers; I saw in the "Evening News" that they were looking for two Frenchmen about January 2 or 3. I went to the station about 12 noon on the 9th. I thought the police were looking for two Frenchmen that had been driven to Clapham and left. I saw the police notice on the 6th. Beyond the fact that I picked up two foreigners at Kennington Church and drove them on to Finsbury Park there was nothing to connect my fares with the murder. (To the Court.) Prisoner spoke to me in English with a foreign accent. I do not know what language the other man spoke in.

  THOMAS PITHERS , baker, 213, Lavender Hill. My shop is about 50 yards from (Lavender Gardens. Prisoner entered my service as a baker on September 21 in answer to an advertisement. He stayed until November 10, I paying him 12s. a week with board and lodging. He earned altogether in my service four guineas. About the last 10 days he went on a round that would take him to the verge of the common.

Cross-examined. All residents know Clapham Common, I should think. Prisoner baked at night and slept in the day from 10 a.m. till about 6 p.m. I have some little children. He was very nice to them—very kind all the way round. He did a certain amount of work from 6 p.m. till 8.30 and then he would come on again at about 12 p.m.

  EDWARD HAYMAN recalled, described the route he had taken from Sidney Street to Lavender Gardens, which was identically the route described by Stephens.

  THOMAS GREEN clerk, cloakroom, St. Mary's Station, Whitechapel. Exhibit 20 is a ticket given out by me on January 1, as near as possible at 11 a.m. I received this brown paper parcel (Exhibit 21) to which I attached the counterfoil of the ticket. The name given to me was, I understood, "Banman." On January 8 a detective came to the station and produced the ticket. I was not there at the time. On January 9 I identified prisoner at Leman Street Police Station as the man who had handed me that parcel.

Cross-examined. We take particular notice of names given us. We are specially instructed to do so.

  HAROLD COCKFIELD , clerk, cloakroom, St. Mary's Station, Whitechapel. On January 8 Detective-sergeant Nursey brought me this ticket (Exhibit 20). I then looked up the parcel that had got the counterfoil of the ticket on it, and nanded it (to him. The counterfoil bears the name "Banman." I saw the sergeant open the parcel and it contained a towel, a revolver, and a box of cartridges.

  AARON WISEMOUTH , incandescent mantle dealer, Walworth Road. I know a man named Max Franks as a jeweller at 8a, Southwark Bridge Road. I do not know where he lives. I have done business with him. Exhibit 22 is a cheque drawn by me on the London and Southwestern Bank, Walworth branch, dated December 13 for £19 7s. 6d. payable to Franks and endorsed "M. Frank," which I paid him on that date. I afterwards had it back from my bank, honoured.

  WALTER ELLIS , cashier, London and South-Western Bank, Walworth Branch. I cashed this cheque (Exhibit 22) giving these two five pound notes and £9 7s. 6d.

Cross-examined. The numbers of the notes are registered in my paying-in book.

  ABRAHAM STITCHER , secondhand clothes dealer, Commercial Street, Spitalfields. I have done business with Isaac Flitterman. On January 2 I handed this cheque to him (Exhibit 7) dated January 1 made payable to "M. Franks," his brother-in-law.

Cross-examined. Eva Flitterman used to be with me about six months ago and I gave her the "sack." I have seen her about this court every day.

  ISAAC FLITTERMAN , secondhand clothes dealer, 18, Thrawl Street, Spitalfields. (Evidence interpreted.) Between 4 and 6 p.m. on January 1 I got this cheque (Exhibit 7) from Stitcher. I was at home that evening with my sister Eva Flitterman, and prisoner. At first prisoner intended giving me a paper for £5 for the cheque, but I told him that I did not know what that was. He gave me eight halfsovereigns. He took out from a purse a paper for £5 similar to this £5 banknote produced) and wanted to give it to me. I cannot say how many I saw, but I noticed there were several papers like this. He gave my sister Eva £2 for her to make up two costumes with. He took the gold from a paper bag from the bank.

Detective-constable HARRT JEFFRIES, H Division. From January 6 to January 8 1 was with another officer keeping watch on 91, Newark Street. At 9.20 a.m. on the 8th I saw prisoner go into there carrying this brown leather bag (produced), a small brown paper parcel, and a walking stick. After a few minutes he left and went to 111, Commercial Road, occupied by some people called Abrahams. He was still carrying the same things. From there he went to 27, Fieldgate Street, Whitechapel. I communicated with Detective-inspector Wensley, who arrived with several other officers. We all went into the restaurant, and Wensley said to him, "Stein, I want you." Prisoner was sitting at a table. Detective-sergeant Brogden at once seized

hold of prisoner and searched his pockets. He said, "Don't get putting anything in my pockets." I assisted Brogden to take him to Leman Street Police Station. On the way to the police station he said, "This is the biggest blunder you have ever made. I suppose it is not the first you have made, but you have made one this time." Up to that time no charge had been mentioned. On arriving at the police station he was searched and put in a cell. During the whole time I was in his company no charge of murder or the name of Leon Beron was ever mentioned.

Cross-examined. It is true that I said at the police court, "I did not know myself that he was wanted for murder." I did know that he was wanted for murder. When I said I did not it was a slip.

Re-examined. It was in cross-examination, and I think I got excited. I immediately corrected it.

  JAMES BELLINGER , W Division, corroborated the evidence of the last witness. During the whole time that I was present no charge against him was mentioned at all.

Detective-inspector FREDERICK WENSLEY, H Division. At 10.15 a.m. on January 8 I went to 27, Fieldgate Street, where I saw prisoner sitting inside the door. I said, "Stein, I want you." Two officers searched him and took him to the station. I followed, and on arriving at the station I said to him, "What is your name, and where have you been residing? "He said, "You know my name. I am living at 4, Whitfield Street, W. I picked up with a girl a week ago, and have been living with her since at York Road, Westminster. I did not go home last night as I lost the last train, so I stopped with Mrs. Cinnamon at 32, in the Buildings, James Street." I told him that he would be detained; I did not charge him with murder, nor did I mention the deceased's name in his hearing. About noon that day I received a communication from Inspector McKenzie, and I went to see prisoner. I said to him, "I understood you want to see me to make a voluntary statement." He said, "I see you have accused me of a serious crime—you have accused me of murder." I said, "I have done nothing of the kind." He replied, "You told me that you wanted me for a serious crime, and that it was murder, and I want to make a voluntary statement." I said." I am expecting Inspector Ward here, who is dealing with this matter, very shortly, and if you have no objection I would prefer him to take your statement." He said that would do just as well. I had not told him I wanted him for a serious crime. I communicated with Inspector Ward, who saw prisoner in my presence. Prisoner dictated a statement to Inspector Ward.

Cross-examined. The date of the Houndsditch murders was December 16, and from that date we have been trying to find the perpetrators. I am in charge of the case so far as the Metropolitan Police are concerned. Federof and Peters were arrested, I think, on December 22." Peter the Painter" has not been arrested. I do not think it is desirable to say whether the police are looking for other persons in connection with the murder. Sidney Street was surrounded on January 2

in consequence of information received by the police. I shut up the Anarchist club in Jubilee Street. The tenants in that street are foreign, humble people. Nos. 4 or 5 are of that class. I had known deceased four or five years—probably longer. I know Solomon and David Beron. I do not know where David is at the present moment. I heard just before the police-court proceedings that their father lived in Nightingale Lane. The first time I saw this blood-stained handkerchief (Exhibit 32) was at the police court. I had nothing to do with the police notice (Exhibit 15). At prisoner's arrest there were four officers besides myself. He was not reading a paper when I spoke to him. I did not say to him, "Stein, I want you for murder."

Re-examined. In connection with the Houndsditch murders, I am acting in combination with the officers of the City Police, and we communicate our information to each other. No information was given us by deceased. The dates that have been put to me in connection with those murders have, so far as I know, no connection with deceased's murder. Nos. 4 and 5, Jubilee Street, are well-conducted houses, and so far as I know were respectably conducted while Mrs. Deitch was there. David Beron can be brought here if required. I understand that deceased's father is in a very bad state, mentally and physically. (To the Court). Deceased was reputed to be a man of some means. He apparently did nothing by way of occupation. He was chiefly in this Jewish restaurant. He was only known to the police by sight. He had some house property in the East End.

Detective-sergeant WILLIAM BROGDEN, H Division. On January 8 I went with Inspector Wensley and other officers to a restaurant in Fieldgate Street, where I saw prisoner sitting at a table partaking of refreshments. With Detective Jeffries I seized him. Inspector Wensley said, "Stein, I want you." I immediately placed my hand round to his hip pocket and he exclaimed, "Don't get putting anything in my pocket." I said, "You hear what the inspector said to you. You will have to come with me." He said, "All right, I will come." Jeffries and I were taking him to the station when he said, "This is the biggest blunder you have ever made. I suppose it is not the first one you have made, but you have made one this time." Up to that time no charge of murder or the name of Beron was mentioned to him. At the station I searched him and found two £5 notes (Exhibit 23), £4 in gold, 5s. silver, and 6d. bronze, one lady's gold watch and chain, one knife, a latchkey, a comb, and several memos. On that day I went with Inspector Ward to 116, York Road, where in a room upstairs we saw Florrie Dellow. After having had an interview with her we went downstairs and saw the man Franks. We took possession of a quantity of man's wearing apparel in Dellow's room, some being in different parts of the room, some in a rush basket, and some in a portmanteau. At midnight I examined what clothes prisoner had on and divested him of the whole of it, except his pants and socks. Exhibit 10 is the collar, Exhibit 11 the tie, and Exhibit 12 the shirt which he had on, and Exhibits 12a and 12c are portions of the shirt. On the centre of

the collar I found a small spot of blood, on the left side of the tie also a small spot, and on the left-hand cuff of the shirt two small spats. When I took his clothes prisoner said, "What are you taking my clothes for?" and I said, "Mr. Ward will tell you that to-morrow morning." I handed the collar, tie, and shirt to Inspector Ward. During the whole of the time I was in prisoner's company on January 8 no charge of murder was mentioned at all.

Cross-examined. Not one of the five officers said, "Stein, I want you for murder." The other three officers were no doubt following behind us on the way to the station. A numerous crowd gathered. He was not reading a paper when I went in. The knife (Exhibit 24) I found on him is an ordinary pocket knife. I think he had got his coat off. We made a thorough search of Dellow's room. She gave us to understand that we had got all his clothing. We did not search Franks' room nor his shop. I cannot say whether there was any dirty linen in Dellow's room; I know we did not take possession of any. All his apparel was put into a parcel and left at the station for other officers to examine. On January 10 I went with Sergeant Edwards to see Eva Flitterman at Thrawl Street. She did not swear at the police court that I asked her whether she had seen a £5 piece on prisoner: she suggested that some other officer had shown her one. She only pointed me out at the Court as the officer who had called on her. I know she swore that she had seen prisoner wearing a £5 piece and afterwards went to the police and said that was not true.

Detective-sergeant HENRY DESSENT, H Division. I was present at prisoner's arrest and accompanied him to the station. The whole of the time I was present I heard no charge of murder or the name of Beron mentioned.

Cross-examined. I do not think prisoner was reading when we went into the restaurant. There may have been a paper in front of him. He had his coat off.

Police-constable CHARLES STAFF, H Division. On the morning of January 8 I was on duty at Leman Street police station when prisoner was brought in. From about 10.30 to 12 a.m. he was left in the charge of Police-constable Harris and myself. During the whole of the time nothing was said to him about any charge of murder. About 12 he said to Harris, "I want to make a confession. Will you take it down?" I fetched Inspector McKenzie.

Cross-examined. He said, "I want to make a confession" (not "a statement").

Police-constable JOHN HARRIS, H Division, corroborated the evidence of the last witness.

Police-inspector RODERICK MCKENZIE, H Division. I was in charge of Leman Street Police Station on January 8, when prisoner was brought in. He was left in charge of Harris and Staff. In conesquence of a message I received I went to see him in his cell. He said, "I want to speak to Mr. Wensley. I have a confession to make. This is a serious matter and I want to clear myself." I said, "Very well, I

will send for Mr. Wensley at once," which I did. During the time he was detained he was not detained upon the charge of murder.

Cross-examined. He said, "I want to make a confession (not 'a statement') to clear myself."

Detective-sergeant RICHARD NURSEY W. Division. On the evening of January 8 I went to the cloakroom at St. Mary's Station with this cloakroom ticket (Exhibit 20) and they handed me this parcel (Exhibit 21), which contained a revolver loaded in six chambers, and a tin box containing 44 cartridges which fitted it, which were wrapped round with a towel. The ticket I obtained from the lining of a hard felt hat which was handed to me by Inspector Ward.

Divisional Detective-inspector ALFRED WARD, W Division. At nine a.m. on January 1 I went to Clapham Common and saw the deceased's body lying in some bushes. It was taken to the mortuary, where it was photographed. On searching the pockets I found a halfpenny, a tobacco pouch containing tobacco, a pair of gloves, two keys, a handkerchief, some pieces of blank paper and envelope, and two paper bags (Exhibit 48) containing pieces of ham sandwich, the last in the right-hand overcoat pocket. Judging from the pieces I should think that the person who had eaten them probably broke them with his fingers in his pocket. I made inquiries and caused steps to be taken, I saw David and Solomon Beron. A statement was taken from the father. I directed a watch to be kept on 91, Newark Street. Prisoner was arrested on January 8. In consequence of a communication I received I went at 11.30 a.m. to Leman Street Police Station, where I saw prisoner. In the afternoon I saw him again. Inspector Wensley told him who I was and prisoner said, "I understand I am detained here on a very seriouscharge—murder, I am told—and I desire to make a voluntary statement." I said, "Very well: perhaps you will tell us verbally what it is; we shall understand it, and then we can write it down correctly." He made a verbal statement and subsequently made a statement which was typewritten and which he read over and signed; he dictated it to a typist. I could see what was actually being taken down. (Mr. Muir stated that he did not put in the statement as there were statements in it which he did not accept as true. Mr. Abinger expressed no wish as to its being put in.) Prisoner was afterwards put back in the cells and detained. I afterwards directed the whole of his clothes to be taken from him. I saw him on the 9th, when I returned him his clothes. He said, "What do you want to take my clothes for?" I said, "There are bloodstains on the cuff of your shirt and also on the sleeves, on your collar and on the tie." He said, "That is not blood at all; that is mud that I got yesterday." He was afterwards identified by nine persons. He was allowed to stand where he chose. He was taken to Brixton Police Station, where he was charged with murder. He said, "All I can say is that it is a lie." I took a number of his articles of wearing apparel to Dr. Smith for examination. On January 8 I and Sergeant Brogden searched Dellow's room at 116, York Road. Among the articles found was a black bowler hat which I handed to Sergeant Nursey. With Sergeant Cooper on February 1 I drove in a hansom cab driven

by Stephens from the corner of Sidney Street and Mile End to the corner of Lavender Gardens, Lavender Hill.

Mr. Abinger objected to this, on the ground that evidence of a drive on another occasion under different circumstances could not be called for the purpose of either contradicting or fortifying a witness.

Mr. Justice Darling held that it was admissible evidence to show whether the time stated by the witness was a possible time. Mr. Abinger's objection affected only the value of the evidence.

Examination continued. We started about 11 p.m. and the journey took 38 minutes. On February 3 we walked at a moderate pace from the corner of Lavender Gardens to the spot where deceased was found by the nearest footpath. (The same objection was made and was overruled.) It took 10 minutes. On the same day we walked from that spot to the cab rank at Clapham Cross and it took 10 minutes. (Witness marked on Exhibit la the route taken.) On February 1 we drove in Stephens's cab from Clapham Cross cab rank to opposite Kennington Church and it took 11 minutes. From the "Hanover Arms" we drove to Claylands Road and turned citywards again, the horse being allowed to walk to the "Elephant"; that journey took 16 1/2 minutes. In a Gladstone bag found at 116, York Road we found a pawnticket (Exhibit 33), dated December 23, 1910, for the pawning of a gold albert watch for £4 10s. in the name of Stanley Morris, 16, Sidney Street. No such person has resided at that address for the past seven years. Prisoner uses his left hand to write with. I submitted the suit of clothes which I had returned to prisoner on January 9 to Dr. Willcox. Prisoner was identified at the South-Western Police Court by Stephens and Hayman.

(Thursday, March 9.)

  ALFRED WARD , recalled, cross-examined. The address on the bags (Exhibit 48), "183, Commercial Road," is a refreshment house. There was no sign of a struggle at the scene of the murder. A quantity of leaves had not been collected under the head in the form of a pillow. There was a watchman's hut about 200 yards from the body. Sergeant Hawkins saw the watchman who was there that night and made a verbal report to me. Sergeant Hawkins is too ill to give evidence. (Mr. Justice Darling directed that the watchman should be sent for.) The watchman could not say anything. There was a common keeper's hut near the bandstand, but the man was not there that night; he was something to do with the repairing of the road. (Mr. Abinger here put in typewritten statement signed by prisoner on January 9. It was read.) Probably all the witnesses who identified him on the 9th would be together in the same room before they identified him. I could see from where I stood that after each one identified him he did not go back to the other witnesses who had not as yet done so. He was identified from among men equally as well built and as well dressed as he; I think they nearly all wore coats as well as he. It was between 1 and 2 p.m.; the next day he was charged. I am responsible for the wording of the police notice (Exhibit 15). The

reason we were inquiring for men who had been driven to the south side of Clapham Common and not the north side was that the south side is the main road and would be the most likely place for a cab to be driven to; it had nothing to do with Nightingale Lane. A Miss Saunders picked up a blood-stained handkerchief (Exhibit 32) within 600 yards from the scene of the murder and on January 2 brought it to Scotland Yard. I should say the laundry mark on it is not a foreign laundry mark, but I have not any experience of them. The finding of the handkerchief had nothing to do with the police notice referring to the south side. It was found more than 24 hours after the body was found. If the murderer were going to Clapham Cross the long pond would be a convenient place to drop any weapon that he had. It was dry at the time; they are cleaning it out now. Nothing has been found in it relating to this case as far as 1 can say; it is impossible to search a yard depth of mud. Detective officers have gone to every laundry in London to try and trace Exhibit 32, and the laundry mark has not been traced. This is a list made of the apparel found in Dellow's room (Exhibit 49). Amongst it is one dirty shirt, five dirty collars, and all the socks were dirty, I think. Prisoner was wearing his overcoat (Exhibit 4) the whole of January 17, but no other day; it was taken from him on the 9th. We did not search Franks' room or his shop. Sergeant Hawkins searched the shop on the 9th and took away with him a large number of the works of different watches, which were handed back to him again afterwards. Dellow did not hand us any dirty linen taken from a rush basket. Stephen's horse had not had a nice long rest before it took us to Lavender Hill; it had taken us a mile before we started. The briar pipe found was picked up by some man and handed to a constable. No clay pipe was found on deceased. The pipe was found 20 or 30 yards away from deceased. On February 16 I went to prisoner's laundry, from which I took his clean linen, for which I paid 8d. I was present when Hayman and Stephens identified prisoner, but the inspector on duty had charge of it; I do not know his name.

Re-examined. 1 found a number of bills amongst prisoner's belongings (Exhibit 31a). When 1 said "Very well" to prisoner I was assenting to his wish to make a voluntary statement. I failed to connect Exhibit 32 with anybody at all. Some pieces of iron were brought to me as having been found in the Long Pond, but as far as I learnt they had nothing to do with the crime. The briar pipe found was identified by Solomon Beron as his brother's property, and I did not pursue the matter further. No pipe or cigarette papers were found on deceased; his pouch was full of tobacco. This is the statement taken from the watchman (produced.)

  FREDERICK WENSLEY , recalled, further cross-examined. I took Eva Flitterman's statement, which she signed. This is the original. (Mr. Abinger put it in and read it.) Her evidence at the police court varied from it somewhat. (Mr. Abinger here read the depositions of Eva Flitterman taken at the South-Western Police Court on January 21 and January 28, 1911.) When she had given her evidence on

January 28 prisoner's counsel applied for a warrant against her for perjury, and the magistrate stated that an information should be made and laid before him for consideration. (Mr. Abinger read the correspondence between prisoner's solicitors, Messrs. Claude Lumley and Co. and the Director of Public Prosecutions relating to proceedings being taken against Eva Flitterman for perjury. The Director declined to take any steps, stating his reasons, one being that the girl had stated that she was "excited and confused" at the time she had given her false evidence. Mr. Abinger asked that she should be brought into Court so that the jury should see her. Mr. Justice Darling, stating that this was not an inquiry into how the Director of Public Prosecutions performed his duties, declined to allow this.) Sam Rosen gave evidence on January 24. (Mr. Abinger here put in his depositions taken on January 24 and February 8, 1911, which were read.)

  CHARLES COOPER , recalled. The address on the paper bags found on deceased is 183, Commercial Road. It is a pastry cook's, where they sell various cakes; they do not sell sandwiches.

  MORRIS MYERS , Secretary, Home for Aged Jews, Nightingale Lane, Balham. Max Beron has been an inmate since 1908. He is a very weak, old man. I cannot say that it is absolutely impossible for him to come and give evidence, but it is not desirable that he should. I do not know what visitors he has had, but I have spoken to him on the subject. I believe Solomon. Beron did visit him. As far as I know, deceased did not.

Cross-examined. A visitors' book is not kept for those who come to see inmates. Max Beron's mental condition is all right. I can only say what he told me about deceased having visited him. I think Solomon has been to see him three or four times.

  ALFRED PERRY , licensed tram driver. I was on duty on the night of December 31 and the morning of January 1. I drove the staff car, which is the last car, from Clapham Cross to Tooting Broadway; it left the depot at 1.55 a.m. and Clapham Cross at 1.58.

Cross-examined. 1.55 is the fixed time that the car had to leave on Saturday nights. I have never seen Stephens. No written record is kept of the time the car leaves.

Detective-Constable JOHN JONES, W Division. I wrote down Hayman's statement. I also visited the Jewish Home and took Max Beron's statement.

Cross-examined. I also took Castling's statement on January 6 at his address between 11 and 12 a.m. This is a typewritten copy of the statement I wrote down from his mouth; it is signed by him (Exhibit 54). I gave the original to a typist on my return to Brixton Police Station. I did not see it typed. I do not know what became of the original afterwards. (Mr. Abinger called for this original statement. Mr. Muir stated that it was not in existence; that it had probably been destroyed. Mr. Abinger stated that he would require sworn evidence to this effect. He read the typewritten copy of two statements dated January 6 and January 9.) I went back to him about

8 p.m. on the 9th to get the two statements signed, according to Inspector Ward's instructions; I do not know why I was not asked to go before. I am sure I did not take the original statement on the 4th. On the 9th I found him in the Hanover Arms with other cabmen near the rank. I asked him to come outside and he signed it on a wall. I took down ink, pen, and blotting paper for the purpose. I knew he was going to be on the rank, because I had made an appointment to see him. He was not asked to attend at the station, because he was working. I took Hayman's statement at his home about 7.30 p.m. on January 10. (Mr. Abinger called for this original statement and it was handed.) This is his original statement signed on that day. I bad seen full-sized photographs of prisoner in the papers before he signed the statement. (Mr. Abinger here stated that he did not object to this statement, Exhibit 55, being read, and this was done.)

Mr. Muir stated that the watchman who had been referred to as having been in a hut near the scene of the murder could not be found, but his statement had been handed to Mr. Abinger.

Mr. Abinger said he was satisfied that the watchman knew nothing about it.

  WILLIAM ROBERT SMITH , M.D., D. Sc, Professor of Forensic Medicine and Toxicology at King's College Medical School, and Public Analyst for Woolwich and Boston. On January 10 I received from Inspector Ward some articles of clothing. Amongst them was a collar (Exhibit 10) from which I removed certain portions. This photograph (Exhibit 10a) was taken of it before I did so; it indicates a number of spots on the collar. I analysed some of those spots and found they consisted of blood. This tie (Exhibit 11) was also photographed in the condition in which I received it and this is the photograph (Exhibit 11a); it shows two spots on the front and one on the wing. I removed and analysed them and found they also consisted of blood. I also received a striped cotton shirt (Exhibit 12) and I cut off a portion of the sleeve and the whole of the cuff, which were photographed (Exhibit 12b). I removed the portions which were marked and found the marks consisted of blood. Further examination revealed that it was mammalian blood and still further examination revealed that it was human blood. The only qualification I have to make as to that is that it might have been the blood of one of the higher apes; it is either the one or the other.

Cross-examined. The collar has no laundry mark upon it. I should think the spots at the back are mud; I think one spot is ink, but I do not think the others are. The general condition of the collar at the police-court was fairly clean. The spots of blood were very small. I hardly think they would have come there by a man scratching his neck in pinning his collar; two of them were in the form of streaks; the point of a pin would make them. There is a faint smeer of blood at the point of the cuff, where it joins the sleeve; I do not think a pin could do that. I agree it would be very difficult for that to have got there if he had had his great coat on. I see there is a wind protector in the sleeve of this coat (Exhibit 14). If it were round there, it

would be an absolute impossibility. The cuff, however, may have been below the wind protector.

  WILLIAM HENRY WILLCOX . M.D., F.R.C.P., Senior Scientific Analyst to the Home Office. On January 18 I examined the collar (Exhibit 10). At the police-court I said that, having regard to the wounds about the deceased, I could quite believe that there would be a pool of blood on the ground where the deed was done, and a certain, amount of bleeding would take place after death. It would be possible for a great deal of blood to get on the clothing of the man who did the deed, or for but little to get on it; I should not necessarily expect much blood.

Cross-examined. I examined in all 33 articles, and could detect blood on only the collar, the tie, and the shirt. I did not see the body of the deceased man, or the spot where he lay.

(Defence.)

  JOHN HOLMES GREAVES , of M. B. Burnand and Co., 17, Old Burlingtion Street, surveyors and valuers. On February 27 I visited Nos. 91 and 93, Newark Street; they are two-storeyed houses. I made a plan of the ground floor of No. 91; there are a sitting-room and a bedroom divided by a half-brick wall, through which sounds would be very distinctly heard; then a kitchen, with a door leading to a washhouse. The parting wall between 91 and 93 is 4ft. 7in. to 4ft. 4in. high; a man of prisoner's height could easily be seen over it. The front door of No. 91 has two bolts and a stop lock; the bottom bolt cannot be used at all; the top bolt is out of order; it takes at least ten seconds to undo it, and in the process it makes a very loud shrieking or grating noise, which can be heard all over the ground floor. The window of the front room has a sash which is loose and shaky; it cannot be opened without a considerable amount of noise. I also visited Clapham Cross about two in the morning and prepared a plan. (Witness gave the various measurements.) A person standing at the cab rank would, in my opinion, be unable to distinguish the features of anyone approaching from Old Town, Clapham. The distance from the cab rank to the "Hanover Arms" is 1? miles; from the "Hanover Arms" to the corner of Sidney Street is 4 miles 400 yards; from the "Hanover Arms" to Seven Sisters Road is 7 miles 250 yards; from Seven Sisters Road to Newark Street 5 miles 910 yards.

Cross-examined. The height from the sill of the front room window (at 91, Newark Street) to the ground outside is 7 feet 7 inches.

  ANNIE ZIMMERMAN (interpreted). I live with my husband and three children at 91, Newark Street. We occupy the two rooms upstairs and one bedroom and kitchen on the ground floor; prisoner occupied the front room, sleeping on a sofa there made up as a bed; my husband and I and the children sleep in the bedroom. Prisoner came to us about three weeks before Christmas, paying 3s. a week and 7d. extra for milk. He had a latch key, but we never went to bed until after he got home, which was at 10, or 9, sometimes 11, never later than 12. Before December 31 I had seen him wearing a gold watch

and chain. I remember New Year's Eve; prisoner got home about midnight, just as the shops were closing; he came into the kitchen, where I and my husband were; he took the key of his room and went to bed; my husband locked the street door. I did not hear the bolt move during the night; if it had been moved I must have heard it, because it is a very hard one and I am a light sleeper. I saw prisoner next morning about ten o'clock when I took him his milk. His bed had the appearance of having been slept in, and I made it again. There was no blood on the sheets or pillows. I have never seen prisoner in possession of an iron bar or a dagger. There was no fire in prisoner's room on this night, When he came in he appeared quite as usual, not agitated. On January 1 he gave me, as usual, his dirty linen to take to the laundry; there was no blood on anything he gave me. He went out that morning about 10.15 and returned about two; he told me he would have to take all his clothes away, as he was going to Paris. On January 8 he called about 9 a.m. and asked for his washing; it was not ready and he said he would call again at four o'clock.

Cross-examined. I am sure prisoner did not go out after he came home on December 31. Prisoner could go in and out with his key, but nobody could come in without being heard. I said at the police court, "Prisoner had his own key and could go out and come in without me knowing it."

(Friday, March 10.)

Police-constable ELI GILBERT. By order of the Coroner I took five photographs of deceased which I developed and printed myself. Exhibits 13 and 13a are two of them; I did not touch them up. The negatives are here.

Cross-examined. In one of the enlargements I marked over the lines in the face; it was my own picture. It was not an exhibit at all.

  MAURICE ZIMMERMAN , tailor, 9, Newark Street. (Evidence interpreted.) Prisoner lodged at my house four weeks. I go to work at 8 a.m.; prisoner used to go earlier on some occasions. I used to see him in the early morning; he washed in the yard. He generally used to go to bed between 9 and 11 p.m., at the very latest 12. He had a latch key. The keys of his bedroom and wardrobe were kept in the kitchen. The first week he moved in I noticed him wearing a gold watch and chain and he had paper money; I have not seen him with gold. I have seen him with cheap jewellery like this (Exhibit 41); he told me he dealt in it. It is my habit to go to bed at about 12 p.m. On New Year's Eve I came in at 7 p.m. and did not go out again. He came in about 12 p.m. I used generally to be the last one in, as I worked late, but I do not work on Saturdays. If I came home before prisoner I used to wait for him. When he came in on December 31 he went to bed. I bolted the door then and went to bed myself; it must have been just after 12; I cannot say

how many minutes after because my watch had stopped. I sleep with my wife and baby in the next room to prisoner's. The bolt closes very hard; you can hear it. I heard no noise that night. If the bolt had been drawn I must have heard it; I am a light sleeper. As a rule the baby wakes up at night time. I got up at 9.30 or 10 p.m. I saw prisoner. I did not see my wife take his milk up. I do not know if he went out. I did not see him in the afternoon. About 10 a.m. on January 8 he came for his washing; my wife went to fetch it. While she had gone I asked him why he had not gone to Paris, and he said he should not go. At 12 p.m. of that day I came home and saw the police there, and I told them I had seen prisoner on that day at my house. I was taken to the station and cross-questioned. I told them that prisoner came home at 12 p.m. on New Year's Eve. I cannot remember whether they asked me if I had heard him go out during the night. I signed a statement. I have never seen him with a knife five or six inches long nor with a crowbar. I did not know deceased; to my knowledge he has never been to my house.

Cross-examined. On that night prisoner came into the kitchen and my missus gave him the keys. He got in by his latch key; he could not have got in without; nobody could. I bolted the door every night so that a thief should not get in. It is difficult to bolt and it shrieks. It never wakes up the child.

  ESTHER GROSE , wife of Solomon Grose, tailor's presser, 93, Newark Street. We have lived there 13 months. Prisoner lived next door, No. 91. I know Mrs. Zimmerman. About 12 p.m. on December 31 I was standing at my street door when I saw him pass the door. He took a key and let himself in to No. 91. There is a light outside. About five or ten minutes after he had gone in I heard the door bolt go, but nothing after. It was then about 12 or 12.30. I shut up the shop at nearly 1 a.m. I keep open late on Saturday nights because up to about 6 p.m. the shop is shut. I heard no one go out of No. 91. I went to bed at nearly 2 a.m. I got up at about 9 p.m. and saw prisoner from my yard washing himself under the tap in his yard; there is a very low wall separating the two and you can see.

Cross-examined. I Have known prisoner about three weeks. I cannot say I have seen him go in every evening, because I was not always standing at my door to watch, only I used to see him go in between 10 and 11 p.m. I have seen him do that three or four times altogether. I cannot say when were the first or second times I saw. him, but the third time was the second week he was there. I cannot remember the date or the day of the week, but it was about 9 p.m.—no, 11 p.m. I do not know what the time was when I first saw him, but the second time was 11 p.m.; I saw him twice at 11 p.m. I heard the door bolted on each occasion, but not always. (Here the witness asked for the assistance of an interpreter, but it being apparent that she understood English the examination was continued without one.) I know what "hearing a bolt go" means. It was only the last time I heard the bolt go. I did not hear the bolt go when he went in on the

first occasion at 11 p.m. I heard two bolts go on this night. I can swear that because we can hear; it is not so far. I heard first one and then after that I heard something which I thought was bolting; it was locked. I do not know that it was locked, I heard for sure it was bolted; I do not know that it was two bolts.

  ESTHER BRODSKY , 71, Cleveland Street. My father is a tailor; I am 23 years old. On New Year's Eve I went with my sister Jane to the Shoreditch Empire. We went in about 9 p.m., paying 1s. for the orchestra stalls. I cannot remember any of the turns; I cannot read. Prisoner was sitting three or four seats up in the same row. I knew him by sight from seeing him pass our door. We left the hall at between 11.15 and 11.30 p.m. As I came out I saw him at the door. I cannot remember whether there was an interval. We went again on the following Monday evening. We sat in the orchestra stalls, the 1s. stalls. Jane happened to sit next to prisoner. I think I can remember a man playing a piano and singing a song. Prisoner and my sister and I had a conversation in the stalls. He saw us home after the performance. On the way I mentioned to Jane that it was her birthday next Saturday, and he said he would like to call round and see us and bring her a nice birthday present if she would accept it. Jane said she could not say if she could accept it until her father agreed. He said he would call on Friday. He called on that day between 5 and 5.30 p.m., and Jane introduced him to father. I think he was wearing this coat (Exhibit 14). He asked father if he could give her a little present, and father said she did not as a rule accept presents from strangers, only as it was her birthday he could give it her if he liked. He gave her a little silver watch (Exhibit 60). Either the Tuesday or Wednesday after he was arrested the police called on us. They asked my sister to go to the station and I went with her. On the Friday prisoner called he asked father's permission to take Jane to the Forester's Music Hall, and she and my little sister, Becky, went with them; they returned at 9 p.m.

Cross-examined. The only time we saw prisoner to speak to was on the Monday, Friday and Saturday nights. I cannot say what conversation he had with Jane about his marrying her; she had not known him long enough for that. He told father he was a baker and he worked before at Lavender Hill. He gave him his address where he lived, but I cannot say what it was. He said he was travelling in jewellery then and showed us a box containing cheap brooches and other things. Jane never told me anything about his wanting to marry her. I cannot say whether he made love to her. After the performance on Saturday night she pointed him out to me and said, "You recollect that gentleman?" and I said "Yes, I do." He often used to pass our door. I cannot say whether he was first in the hall that night; I noticed him there as they started playing. It was quite an accident that there happened to be vacant seats next to him on the Monday night. It was quite a different performance to Saturday night's. I am certain I have never visited him in Brixton prison. I cannot say whether Jane has; she never told me anything. She has never told me

whether she has been in communication with him. She told me she was going to see his solicitor and she took me. I have only been once to see him; it was a few weeks ago. Nobody has come to see me from the solicitor since I got the papers to come here. I have been in England 16 or 17 years; I can understand what is being asked me but I do not speak thorough English. We paid a shilling both times we went to the Shoreditch; we walked in and paid 1s. I know there are early doors for 1s. 3d., but when we went in we paid a shilling.

  JANE BRODSKY . I am 16 years old and live with my father and sisters. From about two weeks before Christmas I have seen prisoner pass our door nearly every day. On New Year's Eve Esther and I went to the Shoreditch Empire. We paid 1s. for orchestra stalls when we went in; we did not go in at the early door. The performance was "up" when we arrived. We saw prisoner sitting a few seats up in the same row. I can remember Harry Champion singing "Ginger, you're barmy"; I cannot remember any of the other turns. After the performance I saw prisoner going up the steps. I do not remember anything else happening that night. We left at about 11 or 11.30 p.m. It would take us about half an hour to get home. We went to the same music hall on the following Monday. It was a different performance; I remember Harry Harris playing the piano and singing, and there was a man who sang a Scotch song dressed as a Scotchman. Prisoner was sitting next to me; He got there first. He spoke to as and asked to see us home. On the way home he asked me if I remembered him keeping me from falling on the previous Saturday; I had slipped just outside our place and he had kept me up. Esther happened to mention that it was my birthday on the next Saturday, January 7, and he asked if he could come round. I told him if he would come round I would ask my father if he could come in. He said he would like to bring a present. On Friday, January 6, about 7 p.m. he called. I introduced him to my father. He asked his permission to give me a watch, and father said that he never allowed me to take presents off anybody he did not know, but as it was my birthday he could give it me if I wanted to take it. He gave me a little silver watch. He asked father's permission to take me to the Forester's Music Hall, and my father said "Yes, but not alone." He took me and my sister Becky to see the pantomime there. We returned at 9 p.m. and we had some tea. He was wearing an overcoat like this (Exhibit 14). He called at 4 p.m. the next day by appointment and took me at 7 p.m. to a Mr. Rotto's in Charlotte Street; we walked. down the Mile End Road and then took the motor bus. We saw Mr. and Mrs. Rotto and had some refreshments, and we got home about 10 p.m., taking a motor 'bus the whole way. On January 10 or 11 the police called. They came and saw my sister Tillie because they had found her photograph in prisoner's pocket. She said she had not been with him. Then they asked me when I first knew him, and I told them I first spoke to him at the Shoreditch Empire on January 2. They asked me questions and I answered them. This is the postcard photograph of my sister Tillie (Exhibit 61) They gave it to him on

January 6; he asked to have it and she gave it him. (Prisoner stated that the writing on it was his own.) The police never asked me whether I had seen him on New Year's Eve. They fetched me to the station about four or five times after that when they would ask me questions for about an hour or so. I told them I could not make a statement on my own accord, but if they would ask me questions I would answer them. I signed three statements in all. I asked them to drop me a postcard when they wanted me at the station, but instead of that they sent a policeman in private uniform. I have been four or five times to see prisoner in prison; on the first occasion I went by myself, and on the next with Tillie. My father has taken me also. I have never been with Esther. He wrote and asked me to come.

Cross-examined. He did not exactly make love to me. On the Friday he asked me if I would give him (permission to go with him and then to marry me. I told him he had better ask father. I did not know that telling the police I had seen him on the Saturday would be of any value. I had no reason for keeping anything back from them the first time, but afterwards I had because they were bullying me too much; I did not like the way Inspector Wensley spoke to me and he asked me certain things I did not like. I had no other reason for keeping things back. I did not at any of the interviews say that I had seen him on the Saturday night. On one occasion they sent for me. I had arrived home for dinner and was hungry. I went and asked why they did not send me a postcard. They said they had lost my statement. Inspector Ward asked me if I had ever seen prisoner before Monday and I said I had. They asked me when and I told them it was no concern of theirs. This was after I had made a statement to the lawyer. I had seen prisoner once before I gave that answer. I had told the police I had seen him passing my house. They asked me if I had seen him before, but not at my place. I do not think I have got the letters from prisoner asking me to go and see them; I cannot swear they are not at home somewhere. I have had a good many while he has been in prison.

Re-examined. The inspector told me I would not be called in court because my evidence was not of much value. I did not like policemen calling at my house, because the neighbours were already speaking about it. (To the Court.) I was at Rotto's house from 7 till 10 p.m. I was in a house round the corner. Mrs. Rotto remained with us the whole time. I did not know of Florence Dellow at the time; I do now. I did not know where prisoner was living at the time. I told him I would see whether I would marry him. He only paid for the fares on the bus and to take us to the Foresters' Music Hall.

  MAX MANNIS . I trade as "The Japanese Laundry." For four weeks Mrs. Zimmerman bought me her lodger's (Morrison's) washing; the last time was on a Monday morning. I cannot remember whether she brought any after New Year's Day. On the Sunday night the police called and (produced a ticket for Morrison's washing. I gave them what Mrs. Zimmerman had given me on January 2—three collars, two handkerchiefs, a sheet, a towel, and a flannel shirt (Exhibit 63). As

parcels of washing are brought I count them and see the laundry marks. Morrison's mark was 217 with a cross as on this handkerchief (Exhibit 62). There is no washing mark on Exhibit 10. All the articles in Exhibit 63 bear his washing mark. The first time the police came they asked me if I had noticed any Wood on the things as they came and I said, "I do not take notice of any stains on the dirty washing that comes." If there were blood on the linen as it came I would not remember it.

  ESTHER BEODSKY , recalled, further cross-examined. I think my sister paid on the Saturday night. I cannot recollect whether she took the tickets on the Monday; she often does. I know we paid 1s., because we never go for more money than that. I think the performance was begun when we went in on the Saturday and we got seats. I do not remember whether there were many vacant seats. Whether it was 9 or 9.15 or 9.30 I cannot say. I do not remember the acting manager standing at the pay (box and telling people that there were not seats before 9. I swear we went there on New Year's Eve and got seats by simply paying a shilling. There was room for us. I am not making a mistake about the date because we wanted to go and hear the bells at St. Paul's Churchyard, but we thought we would get home too late, so we went to the music-hall. I cannot say what the prices were that night, but I know I paid 1s. If it is the truth that the lowest (price seats were 1s. 6d., then it must come out that I am a liar. Further re-examined. I cannot judge of the size of the hall. I cannot recollect whether my sister or I paid.

  JANE BRODSKY , recalled, further cross-examined. On the Saturday night we arrived at about nine; we never go in before. There were only the two vacant seats; we were just in time; the performance had just started; they were lifting the curtain up. We sat in a row three or four rows from the stage. I paid 2s. for myself and my sister, for on the Monday we went at the same time and eat in about the same row. I think I paid again—1s. each. I do not know that the orchestra, stalls were raised to 1s. 6d. on the Saturday; I do not know that I could not have got in for 1s. People may have been standing, but we got two vacant seats; whether two people had got up I do not know. They were two seats at the end of the row and some people do not wish to sit at the edge, because they cannot see very plainly there; the poles might be in the way. There were poles in the way. The place was full.

Further re-examined. I swear I paid 1s. I think I paid with two single shillings. I know now that prisoner was living with Florrie Dellow, but I have come to tell the truth.

Further cross-examined. This is a bill of the Shoreditch Empire, but I do not look at the bills. (This bill was shown to the jury, but, on Mr. Abinger objecting to it, it was withdrawn.)

(To the Court.) I knew when the police came to me that prisoner was suspected of murder. I did not think that the fact of my having seen him on December 31 would be of any value. They asked me when I first knew prisoner; I did not know prisoner on Saturday, because I had never spoken to him. It was not for me to say that I saw him

then. I knew when the murder was committed, but according to the times that I saw in the paper prisoner could have been in many places between 11 p.m. and the time of the murder. I thought that what you saw done at the time of the crime was of use and that afterwards and before is of no value. I just realised it was worth while mentioning the fact when I saw in the paper that people were saying he was in Snelwar's restaurant that night, and in the same week after I had seen the police I went and told the lawyer for the defence, as I thought it would be better for me to see him than the police. I did not tell the police after that because I was angry.

  ERNEST M. E. LEWIS . Last December I was a cashier at the Capital and Counties Bank, Commercial Road. On December 2 a man came with £35 cash and asked for banknotes. I cannot be sure if prisoner is the man. He was talking to me a very short time. I presume he asked if we could give him £35 in £5 notes; it is not an unusual thing. I made out this exchange slip (Exhibit 65) and handed it to him. He signed it and I gave him the notes. (Prisoner here signed his name twice on a slip of paper, Exhibit 66.) I should say that the signatures in Exhibit 61 and 65 and 66 are written by the same man.

Cross-examined. The numbers of the notes were C 87 79,424 to 79,430. This extract from my register of the banknotes is correct (Exhibit 67). (The "S" in prisoner's signature on Exhibit 66 is different to that on Exhibit 65, the letter "S" being a very open "S" like the open thing on a fiddle.

  ISABEL SAUNDERS , clerk, 69, Manchuria Road, Clapham Common. At about 8.30 a.m. on January 2 I was walking across the common by the "Windmill," when I found at the spot marked on the plan this bloodstained handkerchief (Exhibit 32), Which seemed damp from dew. I had heard that morning at breakfast of the murder. I put it in my pocket and took it to business. In the afternoon I took it to Scotland Yard. (To the Court.) It was right at the end of the path leading from the bandstand. Numbers of people walk along there every day.

Cross-examined. It caught my eye directly as I passed. WILLIAM WHIDDETT, taxi-cab driver. I usually stand on the Clapham Common rank by the "Tower" public-house. All the lights from shops and public-houses round there are out by 12.30 a.m. At the dead of night it is a very bad light there. (To the Court. I wear spectacles.)I can see perfectly well with them; I had them on when I applied for my licence and was tested. If a fare came up to me I would not look at him, but if I did I should not be able to recognise him as I should not take sufficient notice. I could not describe what he wore even if I saw him in the daytime. A cabman does not look at his fare.

Cross-examined. I do not think that the taxi-cab rank is further away from the lamp that is there than the horse-cab rank. (To the jury.) There are generally about two horse cabs on the rank, and we pull up as close to the cabs as we can. If there are not any at that end we pull right up. The horse cabs are much nearer the clock.

Re-examined. The horse cab rank commences just opposite the pump.

  FREDERICK A. GROCHER , another taxi-cab driver, said that cabmen would not as a rule take particular notice of the dress of a fare; if he picked up a fare at three o'clock one morning he could not speak as to that fare or his clothing ten days afterwards.

  MICHAEL GOLDBERG , salesman at Gardiner's, hosiers, etc., Commercial Road. On January 4 I sold, to a man who I believe was the prisoner, a vest, a pair of pants, half a dozen collars, two shirts, and a pair of cuffs; total value £1 5s. 3d. Exhibit 31 is the invoice. Exhibit 10 is a collar identical with those I sold.

Cross-examined. The button-hole of Exhibit 10 has, I think, gone too far for a collar that has only been worn three days. Gardiner's have been making this class of collar for two years; they have several shops at which these collars are sold.

  FLORRIE DELLOW , 116, York Road. I am a married woman living apart from my husband. I had heard of prisoner before, but the first time I saw him was on January 1. He called between 12 and 1, and Mr. Frank, my landlord, introduced him to me. He asked me if I would care to live with him; I said, "Yes, if he would look after me," and he arranged to come at ten that night; he said he would have to get the landlord's permission. He came that night and stayed, leaving me between 10 and 11 the next morning. I saw him on the 2nd, but he did not stay with me that night, as I had a friend coming. On the 4th he came with his luggage; from then to the day of his arrest he slept in my room. When he left me on the morning of the 8th he had on a green suit. On the 7th he had put on clean underclothes. On the 8th he put on a clean collar out of a box labelled "Gardiner's." His dirty linen was kept in a basket in my bedroom. While he was with me his nose bled on one occasion.

Cross-examined. I have lived in this house six months. I do have men friends call to see me there, with the knowledge of Frank. I am not a common prostitute. I have been twice convicted for prostitution. On the morning of Wednesday the 4th the first thing, about nine or ten, I took a clean collar out of the box (Exbihit 69) and prisoner put it on; I am certain of it. (On being reminded that the collars were actually purchased on the 4th, witness said it might have been on the Tuesday.) The prisoner told me he was living in the East End; he said Whitefield Street. I thought that was the East End; I did not know it was in Tottenham Court Road. I know where Tottenham Court Road is; it is in the City, is it not? I have lived three years in London. Prisoner told me he was a traveller in cheap jewellery; on a card he gave me he is described as a diamond dealer and jobber. Prisoner gave me about £2; he had it in silver or gold, loose in his pocket. I never saw him with gold in a paper bag; he had one or two banknotes in a purse. I have visited prisoner in Brixton Prison; I know that Frank has also visited him; Frank told me so.

  JAMES M. LEWIS , recalled. When I gave prisoner the seven £5 notes I think they would be given to him loose; it is not usual to put notes in a bag.

Mrs. ANNIE HALL. I live at 116, York Road, on the floor below where Dellow lives. I do her work and washing. On Wednesday morning, January 4, I was in Dellow's rooms and saw her take a clean collar out of the box (Exhibit 69) and hand it to prisoner. Dellow had several gentlemen visitors; I did not see them dressing.

  HERBERT RAGGETT , warder at Brixton Prison. On February 28 prisoner's nose bled for three or four minutes.

Cross-examined. Prisoner called my attention to it and asked me to make a note of it; I reported it to the medical officer.

  WILLIAM CUNNINGHAM , another warder, spoke to prisoner's nose bleeding on February 15; it appeared to come on quite naturally; prisoner was very excited, and requested witness to report the circumstance.

  STINIE MORRISON (prisoner, on oath). I am between 29 and 30 years old. I was born in Australia. In September last I was working for Mr. Pithers, a baker, at 230, Lavender Hill; I used to start work at midnight and finish about nine in the morning. I left Pithers on November 10. I had received a letter saying that my father was ill and I intended to go home. Afterwards I learnt that my father was better. I bought a stock of common jewellery and started travelling. I first went to 4, Whitfield Street, Tottenham Court Road, where I stayed two days; then I went to 5, Grove Sreet; at the end of November I went to 91, Newark Street. During this time I was earning about £2 a week. About November 28 I received from my mother in Russia £20. On November 30 I bought some clothes, for which Exhibit 29 is the receipt. On November 30 I bought a gold watch and chain and a ten-shilling piece for £9 17s. 6d. and an overcoat for £2. On December 2 I bought a macintosh for £1 17s. 6d. and some clothes at Hope Bros. for £3 5s. 5 1/2 d. Some time in December I bought the revolver (produced) at a shop somewhere in Aldgate; I bought it at a sale cheap for 7s. or 8s.; it must have cost 15s. or £1; I also bought the box of cartridges (produced). On several occasions in Snelwar's Restaurant I tried to sell it, showing it to everybody there; I wanted 12s. for it. On one occasion two men wanted to buy it; they examined it, and as they wanted to know how it would be loaded I loaded it just to show them, and it has been loaded ever since. I have only had it in my pocket on two different occasions; after that it was lying in my room all the time. About December 1 I went to a club in Greenfield Street, off Commercial Road; I used to go there on several occasions, not to play, but just to watch other people play faro. The croupier is in the habit of drawing banks for people. On this night I laid out £10 and the croupier drew a bank for me. When they had finished playing there was £28 won and the £10 I had put in; I paid the croupier £3 and I left the club with £35. The bank bag that has been referred to I picked up in this place to put my gold into. As to the watch and

chain I had bought for £9 17s. 6d., I did not like the watch, so I pawned it on December 23 for £4 10s. (meaning to sell the ticket) and bought a lady's watch for £1 10s. On December 23 I was in no need of money; I had close on £30, in fact. While living in Grove Street or Newark Street I very often went to Snelwar's Restaurant. I there met Leon Beron; I knew him only by the name of "the landlord," I did not kill that man. I have not seen him with large sums of money such as £20 or £30 in a wash-leather bag. I have never had his watch in my hand, nor has he had my watch in his hand. I was never in Beron's rooms at 133, Jubilee Street, nor was he ever in my rooms; I did not know where Beron lived. In Snelwar's Restaurant I have seen Jack Taw; I have never shown him the pistol, but he may have seen it when I was trying to sell it to the two men. I am a left-handed man. I first saw Frank some time in December, and from him first heard of Florrie Dellow. At Snelwar's I have met a man called "the Colonial"; he is also a jewel traveller; I do not know his name. It was my custom on Sunday mornings to change my linen and put on my best clothes; I generally change my collars every three days. At the time of the murder I had plenty of clean collars. On December 23 I bought for £1 10s. the chain I was wearing when arrested. I had two pairs of boots, a Trilby hat, a bowler hat, and a brown cap. I have never walked with Beron through the streets as far as I remember. At 91, Newark Street I had a latch key; the key of my room was kept in a wardrobe in the kitchen. I have never in my life possessed a dagger or a bar of iron or any weapon except the revolver. On December 31 I bought the flute (produced) at a stall in Aldgate. I bought some common jewellery there; seeing the flute and taking a fancy to it I bought that as well; I paid 4s. or 4s. 6d. I bought it between 10 and 11 in the morning. I had breakfast that morning at Snelwar's. Mintz kept me waiting for some time; seeing him standing talking instead of serving me I called out to him, "What are you doing down there—are you trying to hang yourself again?" He then came and served me, but he said, "If ever I get the chance to get it out of you I will"; and I believe he is doing it now. After breakfast I left the restaurant soon after nine o'clock. I went towards Aldgate, and at a stall there I bought some common jewellery and this flute. The flute was done up in brown paper; I put it in my overcoat pocket; then I went about travelling with the jewellery. I got to Snelwar's Restaurant that night about eight o'clock; I had the flute in my pocket. The little girl there asked me, "What have you got in this parcel?" I said, "A flute." I gave the parcel to Mintz and asked him to keep it for me till I came back from the Shoreditch Empire. I swear that the parcel I gave him contained a flute and not a bar of iron. It is not true that I was with Leon Beron about nine o'clock and that I stayed with him till 11.45 and then went out with him. I know Hermilin; he is wrong in saying that I had Beron's watch in my hand and remarked that it was very heavy; also in saying that I was taking tea with Beron between 8.30 and nine. I left the restaurant at 8.30 and went to the Shoreditch Empire. I think I got there 10 or 15 minutes before

the performance commenced, which is usually about nine o'clock. I gave half a sovereign and got a ticket and some change; I do not remember whether nine shillings or less. I always paid a shilling for a seat at this place. I remember some of the turns at the hall that night; there was Gertie Gitana; I am not sure whether Harry Lauder was there; there was somebody playing a piano; there were a boy and girl acting as man and wife; there was a lady singing and a man dressed up as a Scotchman. In the hall I noticed Jane and Esther Brodsky, but did not speak to them. I left the hall at 11.20 or 11.30 and got back to Snelwar's about 11.45. I saw Leon Beron there. I had a cup of tea; I asked for the flute, which was given to me; I put it in my pocket and went out. That night I had on the brown motor cap and brown boots with light spats.

(Saturday, March 11.)

  STINIE MORRISON (prisoner, on oath), further examined. On leaving the restaurant I turned to the left, I came out into Whitechapel and turned again to the left and went along Whitechapel till I came to Cambridge Road; then I crossed the road into Sidney Street. As I was turning the corner of Sidney Street somebody shouted out to me, "Bon soir, monsieur"; I looked round and saw Leon Beron and another man, a very tall man, standing across on the other side of the pavement; the other man was very well dressed; I could not see his face. I then went on to Newark Street to my lodgings; I let myself in with my latch-key, went in the kitchen; the landlord and landlady were both there; I took the key of my room and went in and locked the door and went to bed; the key of my room was hanging up in the kitchen; about 10 minutes after I got in to my room I heard the front. door bolted. I swear that I never left that house till the first thing the next morning, Sunday, January 1. I got up between nine and ten and went into the yard to have a wash; after I had a wash I went to the baths in Sidney Square; I came back and put on clean linen and my green suit. I saw Mrs. Zimmerman that morning about nine, and paid her 3s. for lodgings and 7d. for milk; I generally paid my rent on Sunday. I then went out to the restaurant, where I was arrested, 7, Fieldgate Street. After I had finished my breakfast I came out and went to Snelwar's Restaurant; there were several customers there; I went right inside. I saw Snelwar there and asked him if he had seen the "Colonial"; Snelwar said he had not been there yet. I left the restaurant and went to 116, York Road; I went there because I had received a postcard from the landlord saying he would introduce me to Florrie Dellow. I got there about 12 o'clock; Mrs. Franks was counting out some money, and she told me it was the rent money; I saw two £5 notes on the table and I asked her if she would give me those notes for gold, and she did so. Whenever I have gold I always change it into bank notes; I do not like carrying loose money about with me. Franks introduced me to Miss Dellow, and we arranged to live together. I then went back to Newark Street to get

my things and I told the landlady I was going to Paris; I told her that because I did not want her to think I was going to another place. I took my things and the revolver to St. Mary's Railway Station; on my way there I thought that if I go to 116, York Road, without the landlord's permission I might get turned out, therefore it would be advisable to leave my things in the East-End, so I took them to Romford Street, which is at the back of St. Mary's Railway Station, and I paid 3s. for a room there. I left the revolver in the cloak-room at the railway station because I intended to go to Florrie Dellow's, and I did not want to frighten her. After that I went to Thrawl Street to where the Flittermans live; Mrs. Flitterman wanted some money, Isaac Flitterman had a cheque and I cashed it for him. I left them about nine o'clock and went to York Road; I slept with Miss Dellow that night; the next morning, January 2, I had my breakfast with her and I went out between nine and ten to Romford Street and got my common jewellery from there and went about travelling with it in restaurants and coffee shops round about Bow Road. In the evening I went to the Shoreditch Empire, and I saw the Brodskys there; when we came out I walked home with them; I did not go inside their house. On January 3 I was travelling with my jewellery; I did not sleep with Florrie Dellow that night; she said some friends were coming there and it would be inconvenient. On January 4 I went to Gardiner's shop and bought six collars and some other things and took them to York Road. I can read English, and during this time I was reading the papers every day; I knew that a man named Beron had been murdered on Clapham Common and that they were looking for the murderer, but I did not know that the man was the one I knew as "the landlord." I never knew that Beron was his name. On January 6 I was travelling in Whitechapel, and in the evning I called at the Brodsky's; I gave Jane Brodsky a silver watch and a rolled-gold chain as a present. On January 7 I went to the Kennington Baths and when I returned I changed my linen; I left Miss Dellow and arranged to come back on Sunday morning. On Saturday night I slept at 32, St. James Street; I did not go back to Fieldgate Mansions because I had moved my things from there; 32, St. James Street is about 500 yards from Snelwar's Restaurant. When I got up the next morning, Sunday, while I was washing my nose began to bleed, and as I was stooping down some blood got on to my left hand; as I was carrying the water from the tap to my nose the blood kept dropping and mixing with the water. That morning I went to Newark Street to get my washing; I then went to Fieldgate Street and had my breakfast in that restaurant; I was reading a paper, and three policemen jumped in at once and one or two came in afterwards; I was seized at once by two, and Inspector Wensley caught hold of my arm. Wensley said, "Stinie, I want you for murder"; the other two officers started rubbing their hands along my sides; I thought they were going to put something in my pockets; I said, "Please do not put anything in my pockets." I was searched and taken to the police station; at the station they searched my pockets and took everything out of them. Wensley

said to me, "You will be detained at present, but you will be charged with murder when Inspector Ward comes." I was put in a cell; all my clothes were taken from me except my pants, socks, and vest. That night I slept at Leman Street. On January 9 I was taken inside the office; there were about nine or ten persona, every one of them very shabbily and poorly dressed, and I was told to stand amongst them. While at Leman Street I sent for Inspector Wensley and said, "I understand that I am detained here on a very serious charge, murder I am told, and I desire to make a voluntary statement; he replied, "Very well"; and I made a statement.

Cross-examined. When I went to Flitterman's on January 1 I should think I had about £28 in my possession. I had four banknotes and I had about £8 or £9 in gold; the two banknotes produced are the two I got from Mrs. Franks for ten sovereigns; the other two I got from Cook's offices; one of them I changed in York Road. The £38 I got at the gambling house on December 1; I had been at the house once before. I do not know the names of the people, but I can tell you the name of the croupier, and if you let me go with the police in a taxicab I can take you to the place and can bring all the house to prove that I won the money there. The £20 that I got from my mother in Russia came in English banknotes; I have not kept my mother's letters.

Mr. Muir was proceeding to cross-examine as to purchases made by prisoner on November 30, when Mr. Abinger asked to what issue the questions were directed.

Mr. Muir. The issue whether the prisoner was on January 1 in possession of the proceeds of the robbery of Leon Beron.

Mr. Abinger said that was cross-examination directed to prisoner's credit, and he objected. Under the Criminal Evidence Act 1898, section 1, such cross-examination is not admissible "Unless.... the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution."

Mr. Justice Darling directed Mr. Abinger's attention to his cross-examination of Mintz and Mrs. Deitch.

Mr. Abinger said his cross-examination of Mintz was directed to show that the man might have been afflicted by the Almighty with madness, and that, therefore, apart from his character, he was not a proper person to give evidence in a murder trial. As to Mrs. Deitch, at the time of her cross-examination there had been cross-examination of Eva Flitterman and Rosen which resulted in their admission that they had committed perjury.

Mr. Justice Darling. That was at the police court; the question is what was done in this court. Neither Flitterman or Rosen has been called here.

Mr. Abinger. The depositions are in.

Mr. Justice Darling ruled that the cross-examination of Mrs. Deitch (he thought also that of Mintz, but he founded his ruling upon that of Mrs. Deitch) was such as to let in cross-examination to the prisoner's character. The fact that two witnesses for the prosecution in the police court had given evidence which was untrue did not alter the position under the statute.

Cross-examination resumed. On November 30 I spent £22 10s. On December 23 I pawned my gold albert because the very same day I bought a lady's watch and chain; I did not like the watch so I pawned it for £4 10s. and I tried to sell the ticket for a sovereign; the chain when new cost £5. I can prove that everything I have has been bought between November 25 and December 1 or 2, in fact, before December 1.

On December 2 or 3 or December 1 I went into a bank in Commercial Road and changed £35 into banknotes. I have no document to show I was spending money between December and January 1, for the simple reason that it was not necessary for me to buy anything; I bad everything I wanted; it only cost me 25s. or 30s. a week to live at Newark Street. I had no notes left after December 23 because I had changed them into gold. I knew Leon Beron by sight from the time I started going to Snelwar's Restaurant; that is, ever since I have been in the East End. I was not a daily customer at the restaurant; I might have had my food at other restaurants; sometimes I was there three times a day and sometimes only once a day, sometimes I did not go for two or three days. I saw Beron there when I went there; he used to say to me, Comment vous portez vous. I would say, Tree bien. That is all that passed between us. Beron has never in any way been friends with me; I never had any occasion to walk with the man in the street as any two friends might have done. On several occasions we might have been sitting at the same table; there is no special table for anybody; you can sit where you like. I never had Beron's watch in my hand; I did not say it was a heavy one. He used to take it out and look at it every five or ten minutes. Everybody could see that the watch was very thick, so naturally it would be heavy. I was just as friendly with Beron as I was with any other customer in the shop. I did not spend the whole evening of December 31 with Beron; his own brother says he saw him in the street between nine and ten alone, and I can prove I had not been in that restaurant since 8.30 up to about 11.30. I did not leave with Beron; I never went out with that man in my life. I did not have the revolver in my possession then; I have not had it in my pocket since about December 18; it was in my portmanteau at home. I had the parcel containing the flute; I bought the flute on a stall in Aldgate on Saturday, December 31. I do not know there are only 11 stalls there on a Saturday; I did not count them. I bought the revolver in Aldgate in a shop; I do not know what other things there were in the window. I cannot describe the shop now, it is such a long time ago; I could find my way to the shop. I have not got a gun license; I did not think it was necessary. I have never had a revolver before. When I disposed of the revolver by putting it in a cloakroom it was loaded; I loaded it in Snelwar's Restaurant. Two men wanted to buy it and they wanted to know how it was loaded. I put the cartridges in and it has been loaded ever since. I put it in the cloakroom on January 1 because I thought it might frighten Dellow. I deposited it there in the name of Banman. I took my clothes away from Mrs. Zimmerman's place on the Sunday to York Road. I told Mrs. Zimmerman I was going to Paris. Every time I leave my lodgings or a situation I say I am going away somewhere, because I do not like to say I have found a better lodgings or situation. The witnesses who say they saw me in Shoreditch between one and two in the morning could not have done, because I was in bed and asleep. I do not know Mrs. Deitch, I have never seen her before in my life; I have never been to her house with Eva Flitterman for

immoral purposes. I spent the Saturday evening at the Shoreditch Empire; I left the restaurant about 8.30, or a bit later; I got to the Empire about a quarter to nine. I got a seat in the stalls; I was in the same row as the Brodskys; if the seats were all let the people who had been sitting there must have got up; there was an empty seat and I took it. I cannot remember what sort of ticket I had; I did not keep the ticket; it was taken away from me inside. I have known Max Franks about eight years; I did not know he was a receiver of stolen jewellery; he told me that he was offered £100 to give evidence against me by one of the detectives; if I had known what he was I would not have lived in his house. I have known Rotto ever since I have been in England; I did not know he had been convicted of receiving; he has been very kind to me; he found me a good situation as a baker. Between January 1 and 8 I was selling cheap jewellery in restaurants and coffee shops; I did not go in Snelwar's restaurant at all that week; the reason I did not go in there much was because the waiter annoyed me and did not serve me properly. I very seldom used to sell any jewellery there; they are very poor people that come in there. I first heard of the Clapham murder on January 1; I read it in the papers; I did not know that it was the man I had seen in the restaurant known as "the landlord"; the papers did not put any such name; he was described as "the mad landlord," and the man I knew as "the landlord" was not mad. I never thought for a moment till my arrest that that was the man; if I had I would have gone to the police to prove that I was in bed and asleep at the time the murder was committed. I saw Beron out in the street that night; I remember looking at my watch and it was then seven or eight minutes past 12; he was standing at the corner of Sidney Street on the left-hand side; I was coming round the corner on the other side; the man that was with him was very well dressed; I could not see his face as. his back was turned to me; I know he had a bowler hat on; he was a tall man. I put on a clean tie and shirt and collar on Saturday morning; I change them every Saturday morning; if there were any bloodstains on the collar I will account for them in this way. At Mrs. Zimmerman's I went to have a wash under a tap; as I was washing my nose began to bleed; as I was carrying water from under the tap to my nose the blood out of my nose dropped into the palm of my hand; I emptied that water; at the same time there were stains of blood and water dropping out of my nose; as I was putting the palm under the tap to get some more water the force of the water running but of the tap caused it to splash up; that is how it must have got on to that sleeve. I did not have my shirt and collar on then, but after I wiped myself and went to put my collar on there must have been bloodstains on my fingers; as I was pinning the collar on behind it must have left a stain on the collar.

It was arranged that before the Court resumed on Monday the jury should be driven to the scene and neighbourhood of the murder in the small hours of the morning; they had already seen the place in daylight.

(Monday, March 13.)

  STINIE MORRISON (prisoner, on oath), further cross-examined. I believe the place at which I deposited my clothes was 72, Romford Street. If it was not 72, then it was 172, but I remember it was the furthest house on the right-hand side as you come from Fieldgate Street; it was on the first floor. If they asked me my name, I said Stinie Morrison. I have been in correspondence with my mother in Russia, but I have no letters from her. Her letters were addressed to me in my name at the General Post Office; the letters containing the banknotes were not registered. I bought the cheap jewellery that I sold wherever I took a fancy to it—at a stall or shop. I had several documents to show that, but after I sold the jewellery it was no longer necessary to keep them, and I have none now. I had none of my old stock left or I would not have bought more. It depends entirely upon my own words whether I ever sold cheap jewellery or not. I never told the police that I was carrying on the business of changing cheques for money because they never asked me. I never gave any of the notes that I got on December 2 to Rotto. It is quite possible that I did; I may have given him one or two in the course of business; I remember having some small black watches from him. I never went to the "King's Head" at 28, Commercial Road, as far as I remember; I never went into a public-house on any occasion as far I remember. I am perfectly sure I did not change two five-pound notes there between December 2 and December 8. I cannot remember ever having changed notes in a public-house. I have never walked out in the street with Leon Beron on any occasion. I do not know who keeps 2, Harding Street. The man of the house introduced me to Eva Flitterman. Several men and women live there, but I do not know their names. I have never heard of Hugo Pool. (Mr. and Mrs. Pool came into court.) I know those people, but they are not the people who kept the house; I had known Pool several weeks before Christmas. On one occasion I went to see him at 36, Grove Street, but he was not in. That is a prostitutes' house. I believe on December 29 I visited him at 2, Harding Street. I did not see Mrs. Pool there. I did not ask him to come out and have a drink; I do not drink. He did not say, "No, I am not very well, and it is too late." I never spoke to him. Deceased was certainly not in that house with me on that night. He was never with me in any house as far as I can remember. It is quite possible that he was upstairs, because people coming in there generally go upstairs. I did not leave Snelwar's restaurant with Zaltzman either on that night or on any other occasion, so far as I can remember. Deceased was certainly not with us. It is quite possible that Zaltzman, the deceased, and the old man they call the "Colonial" and myself left the restaurant that night when the people were turning out, but I do not remember having walked with them on this occasion or on any other occasion. Zaltzman did not say "Good night" and leave deceased and me together. Deceased was not with me on the 30th. I cannot exactly indicate the stall at which I bought the flute; I came into Aldgate on the left-hand side and I came

along the stalls until I came upon that particular stall. I think it was the third or fourth stall as you go towards Aldgate. (Here prisoner desired that a letter he had written to the Judge should be read. (Exhibit 77.) It requested that the keeper of the ironmongery stall should be called and asked whether he had ever sold witness a bar of iron. Mr. Abinger stated that he was satisfied Mr. Muir had made no such suggestion. The witness marked on a plan the locality of the stall at which he bought the flute.) I see on this plan that the stalls are numbered 1 to 13, starting from Mansell Street. It is quite possible that at 3 p.m. on December 31 that there were no stalls beyond No. 13, but what I do know is that I bought a flute in Aldgate. I must have bought it at one of those 13 stalls. I cannot remember what kind of things they were selling on it. I bought several articles of cheap jewellery from the same stall. I agree that I could not have bought the flute at fruit, sweet, vegetable, book, ironmongery, fish, rubber heels, flower or stewed eels stalls, but I know there was another stall there or else I should not have been able to buy these articles. I should certainly not recognise the man from whom I bought them. The only time Eva Flitterman came to 91, Newark Street was on December 24 or 25. I had not a flute or a box, as she suggested. I heard Green say that I left the revolver at the station cloak room at 11 a.m. I asked my solicitor not to cross-examine him because I admit that I did deposit the revolver there, but his time is wrong. If I had wanted to do away with the ticket I should certainly have destroyed it. To put it in the lining of my hat is just as good as putting it into my pocket. As far as I remember I was the only person in the restaurant when I was arrested. Three officers came in first and two afterwards and at least three must have heard the charge of murder mentioned. If Inspector Wensley did not charge me or say that I am wanted for murder in that restaurant, and if the detective whom I now know is Detective-inspector Brogden did not while walking along say to me that I am wanted for murder, and if Inspector Wensley did not again say in the police station that I will be charged with murder, may my innocence never be proved. Wensley did not mention what murder he wanted me for and I did not ask him. I had heard about the Clapham murder as I read it in the papers every day. I had also heard of the Houndsditch murders. What I said to Wensley on his telling me that he knew my name, I did so because he had already called me "Stinie" in the restaurant. It is true that I said that I lived at 4, Whitfield Street, but I was not living there actually at the time; I lived there between November 10 and 12. It is Rotto's address. Wensley did not say to me, "You have not reported your change of address and you will be detained for the present." It is true that I was a convict on license, but that is nothing to do with this case. But for that they would not have dared to arrest me. I gave my address as 4, Whitfield Street, W., when I first went there and I continued reporting myself at Tottenham Court Road Police Station on the 17th of every month until a few days before my arrest. I gave that address because they bullied me. During the time that I lived at 213, Lavender Hill a police officer

came to the bakehouse every night to see that I was there. I was hunted out of the place. Pithers can corroborate me. I have heard the officers say that no charge of murder was made in my hearing, but every one of them is telling lies. At the time that I made my voluntary statement I knew that I was wanted for the Clapham murder because Wensley told me at the desk. It was made for the purpose of clearing myself and I intended that it should be believed. Inspector Ward dictated it to the typewriter, and the typewriting man put it as he said it and not as I said it; ho put a different face on it altogether. It is quite true that I read and signed it, but I did not think at the time. If I was as clever as them I could see at once that he was building up a story to hang me. I do not remember in my verbal statement having mentioned the Clapham murder or the name of Leon Beron, but I know perfectly well that they mentioned it to me on several occasions. I was born in Sydney; then I was taken to Russia, where I lived 12 years; then I was sent to Germany, where I lived 18 months; after that I was 18 months in France, and then I came to England in 1899 or 1900. My true name is Stinie Morrison. It is true that I bought the revolver in the name of Alexander Petropavloff; that is the only occasion on which I have ever used that name as far as I remember. I was born in about 1882. It is true that in my petition of July, 1909, to the Home Secretary to allow me to leave this country I tried to make out that I was Russian born, and said that I was born at Korsvosk Station, in the district of Luitzen, in the Goverment of Vitebsk, in Russia. I am not Russian born at all, but I may be called a Russian because I was almost a baby when I went there. That was my address. I said that because I had such bad luck here and I was trying to better myself. Ever since I have been in England I have done my best to work honestly until I have been hounded out by the police. I gave a false name and a false account of my birth because I knew that that was the only way the Home Secretary would allow me to leave this country, under the new Act. I was in prison serving out an old sentence. That petition was not granted. It is true as I stated that I left Russia because of the military system, and that otherwise I had not committed a crime in my life until I came to England. The false name that I mentioned having taken in order that my relations might not discover that I had sunk to the depth of an English prison was "Morris Stein." I should wish since it has come out that the jury should know what sort of crimes I committed, and to see the tools. Among all the tools that were taken there never was in my possession an instrument with which a man could be murdered like this. It is true as I stated in my petition that I never wrote to my relations because I was too ashamed to do so, but I did so when I came out on September 17 last. I decline to give my mother's address. It is true that I was convicted on December 17, 1898, in the name of Moses Tagger. I then said I was a Hebrew, as I knew how to speak that language as well as English. I said I was a Russian. I never stole anything on that occasion. All the convictions I had were for no crimes committed whatever. I got a month's hard labour because they made out that I stole some ledgers. I was not arrested

in the name of Morris Stein and sentenced to two months' hard labour for being a suspected person on enclosed premises on February 28, 1899. I have never done two months' imprisonment. It is true that I was sentenced to six months' hard labour at the North London Sessions on August 1, 1899, for burglary in the name of Morris Tagger. I was arrested on April 15, 1900, because a man brought a big parcel into the room in which he used to sleep with me, and I was charged with receiving that property in my room. I knew nothing about it, but I got 15 months' imprisonment. I said I was a Russian, and the evidence was interpreted in Yiddish. On September 10, 1901, I was convicted at this court for attempted burglary and sentenced to five years' penal servitude in the name of Morris Stein. I came out in 1905, and I found a situation at 124, Hackney Road, as a baker, but I was hunted out of there by the police. I was arrested on August 14, 1906, for being a suspected person and having housebreaking implements in my possession at one in the morning. I do not remember having a jemmy then; I never had one in my life. I do not remember Police-constable Page (who came into court) arresting me. I cannot swear that I had not a jemmy, but if it was a jemmy it must have been very small. I remember now that it was a chisel. I never had a jemmy or a bar of iron in my life. It is very likely that I was arrested on January 24, 1901, but I do not remember Police-constable Bartlett (who came into court). On the last occasion when I was arrested the proceeds of three burglaries were found in my possession. I could use a chisel to get into a house without waking the inhabitants, but in the places that I committed 'burglaries the inhabitants live upstairs; but you could not get into houses in the East End without alarming people inside, because there are people sleeping in every room. When Inspector Ward showed me the spots on my cuffs, collar and tie, it is true that he said they were blood, and that I said, "No, they are mud"—they were blood and mud mixed together. I did not say a word to him about my nose bleeding, but it is the fact just the same.

Re-examined. I have never been charged with violenoe or assault. I was released from my last sentence on September 17, 1910, and in five or six days I got a job with Pithers that involved my working 12 and 13 hours every night. The reason I left was because I was hounded out by the police. I had saved up £4, and I wanted to be my own master; I could not stand it any longer; they kept on bullying me. Pithers complained about it and wanted to know why the police came. They used to come into the bakehouse and stop two or three hours every night. Pithers did not know I had been convicted, but he began to be suspicious. He was going to make a complaint to the magistrate about the police calling. They were in uniform. I think I was about 19 when I was first convicted. The last two crimes which I committed were because the police bullied me and kept worrying me every time I came out of prison. I never on any occasion said anything about wanting to make a confession. As regards my not giving evidence at the police court, I acted upon my solicitor's advice.

It very often happens that one is admitted into the more expensive parts of the East End music-halls with a cheaper ticket. It is not true that I took Jane Brodsky round to Rotto's for an improper purpose; she is as innocent a girl as ever there was in the world. I never knew that Rotto was concerned in the White Slave Traffic. Mrs. Rotto was with us all the time. Rotto has five children, four of whom are generally about the house in the evening. (Mr. Abinger here read the article entitled "The Mad Landlord" in the "Evening News" of January 2, 5.30 edition.) I do not know whether I read that or not. I never had any conversation with deceased. I have never smoked in my life. This is the cheap jewellery found in my possession when I was arrested. (Exhibits 41 and 41 A).

  JONATHAN FEARNLEY , M.R.C.P., L.R.C.P., 21, Devons Road, Bromley-by-Bow. I have frequently given evidence where questions of physical injuries to men have been concerned. I have read the evidence of Drs. Freyberger and Needham. I did not see the deceased. In my judgment the horseshoe-shaped wound shown on Exhibit 13 was inflicted by a single blow. I say that because there is a flap of skin which has the appearance of a lacerated wound; the upper end has a point and the lower end has the flap ofskin connected at thd base with the rest of the skin. I think an angular instrument must have been used such as a hammer, or some other instrument having an angle. I have procured a bar two inches thick, one and a half inches in diameter, four or five inches round, and weighing 12 pounds (Exhibit 78). In my judgment that wound could not have been inflicted with such an instrument, because it would have smashed the flap of skin to pulp, and either have made a hole right through the skull or cracked it. The arc-like shape at the top of the wound is due to retraction of the muscle. Such an iron bar could not have produced such a shaped wound with two blows. The fact that the two ends of the wound meet exactly opposite one another indicates that there was only one blow; it is a remarkable coincidence that they should do so if there were two blows. Assuming two blows had caused the open ends, the fact that they were closed at the top would not be accounted for by the shape of the skull. My second reason for thinking that the wound was the result of one blow is because the skin has been raised up in a flap; the upper end of the wound is obviously the place where the weapon entered, and when the assailant was withdrawing the weapon he carried the skin and the pericranium down towards the nose in the form of a flap. The fact that there are no signs of a continuation of the burst of skin at the open end indicates that if two blows were used they must have been parallel and the whole shape of the wound would have been oblong, not pointed at the upper end. I have read in the evidence that the fracture corresponding with the site of this wound had two parallel cracks, but that does not interfere with my hypothesis, because the skull is an elastic body and the site of fracture does not always correspond with the actual blow. A single blow might depress the skull and cause a fracture at either edge of it; the fractures

tures are consistent with either theory. A fracture is more likely to occur when a man's head is on the ground, because the ground itself forms an opposing force to the blow on the other side. The blow is more likely to glance off the skull when the victim is erect. The fact that the hat was found some distance from the body unbroken shows that the blow could not have been inflicted when he was standing erect with his hat on. I have received an account of the wounds inflicted. I should not necessarily expect to find more blood than was actually found on prisoner's collar, tie, and cuffs while he was delivering the wounds, but I should expect to find more blood to have come there while he was dragging the body away and manipulating it. There need not have been spurting of blood either from this instrument or any other; there must have been oozing of blood from the horseshoe-shaped wound. I should expect to find blood upon the instrument, which instrument would have to be raised over the head of the assailant. The blows could have been struck without blood necessarily coming on to his overcoat. I should expect to find some blood to have come on the sleeves or the skirts of the assailant's overcoat or the front of his trousers if deceased had been dragged, turned over, and arranged, but it might not have done so if the assailant had been extremely careful. Assuming that at the spot where the deceased fell there was a pool of blood I should expect to find blood upon the skirts of the overcoat which had come there in the act of his stooping. If the heart beating were feeble, blood would not necessarily spurt; spurting generally involves the wounding of an artery. Whether blood would spurt from stabbing wounds would depend upon the deceased's clothing and the character of the wounds.

Cross-examined. This is the first criminal case I have given evidence in with the exception of police court cases. The material I had before me to enable me to express an opinion was Exhibits 8a and 13 and the report of the police court proceedings.

  JOSEPH ALLBURN BUNKER , clerk to Claude Lumley and Co., solicitors, produced and proved "The Daily Chronicle," "The Daily Mail," 11 The Daily Mirror" and "The Daily News" of January 10 (Exhibit 79), and "The People," "Reynolds Weekly Newspaper," "The Weekly Times," and "The Weekly Dispatch" of January 15 (Exhibit 80), all of which contained photographs of prisoner.

  WILLOUOHBY LANCELOT VININO , staff photographer, "Daily Graphic," was called, but Mr. Justice Darling stated that there was—necessity for this witness to prove the contents of "The Daily Graphic" of January 9, as it was already in and could be read at any time by counsel.

  FRANCIS EDMOND BELL , assistant art Editor, "The Daily Graphic." The first information I had of prisoner's arrest was shortly after one p.m. on January 8 by a message over the tape from the Exchange Telegraph Company and when it was confirmed from other sources the written matter was put at the bottom of the frontispiece of "The Daily Graphic" of January 9 (Exhibit 73).

  THOMAS PITHERS , recalled, further cross-examined. During the time prisoner was in my employ he was hard-working and industrious.

I did not know that he had been convicted either when he came or when he left. I do not think I would have employed him if I had known. I never saw any men at my shop making inquiries about other persons. On one or two occasions I saw a police-constable come to the door; they did not always come into the bakehouse. I should think it was about 3 a.m. They have come in also before prisoner entered my employ. I believe it is part of the policeman's beat to come along by the backway to my bakehouse, where I saw them. I have seen them inside the bakehouse twice. I have never complained to prisoner about it; he said he did not see any need for them to come and I said that I might mention it at the station across the way if I were passing, but I did not do so. I think I should have discharged him had I known he was a convict.

Further re-examined. The constables were in uniform. I did not know what they had come for; I did not think they came for anything in particular, no more than to come in. I do not think that they warmed their bottles of tea in the bakehouse. I have not inquired whether They were in the habit of doing so. I do not know if policemen came before prisoner entered my employment. I remember now that it was only on one occasion that they came when prisoner was there and once since. They have only been twice altogether to my knowledge. They have never said anything to me about prisoner and they never did anything as far as I was concerned to make him leave my employ.

  FREDERICK WENSLEY , recalled, further cross-examined. I could not have put my finger upon prisoner if I had wanted to before January 8. I did not know before that day that he was in White-chapel. I arrested him for that he being a convict on licence he failed to notify his change of address. It is not usual to take five officers to arrest a man for that charge if that stood alone. At the time he was arrested there was a possibility, as I then knew, of his being charged with murder. The police had not received any statement or information connecting him with the murder before he was arrested. We had received descriptions from many witnesses giving in some instances a description of prisoner, but we had no knowledge that that man was the prisoner then nor until he was identified. I was present when Mrs. Deitch made her statement on January 2. It does not connect him with the murder beyond the description. The description corresponds with prisoner, but it might have connected a dozen other people with the murder. (Mr. Justice Darling here stated that Nellie Deitch's statement, dated January. 9, must be read, and this was done.) After reading Castling's statement I did not connect prisoner with the murder. I knew before he was arrested that the statements of nine different persons had been taken, and I still say that prisoner was not arrested on suspicion of murder. I see that the "Daily Graphic" on January 9 (Exhibit 73) gives a photograph of a man sitting in Cohen's Restaurant, underneath which is "The unfinished meal left in Cohen's Restaurant, Fieldgate Street, Whitechapel Road, by the man who has been detained on suspicion in the Clapham Common mystery." That information may have got

to the "Daily Graphic" by many means. Publicity of necessity must had been given to it immediately after he was arrested, because officers were sent out to witnesses asking them to attend at the station to identify him. I cannot say who gave the information. Another means by which the information could have got out is that before 12 o'clock prisoner had stated that he wanted to make a voluntary confession and Inspector Ward had been sent for; it may have leaked out by the fact that messages were sent over the telephone. Possibly an officer may have mentioned the fact outside the police station and thought there was no harm in it. An entry was made in the book as to his being charged with failing to notify. When I saw the prisoner I think he said that he wanted to make a "voluntary statement" not a "confession."

Further re-examined. I gave him into the custody of Inspector Mackenzie at the station on the charge of that he being a convict on licence failed to notify his change of address, and that was entered in the occurrence book. No charge was made at all against prisoner until he had been identified. The occurrence book is here. (Mr. Abinger objected to its introduction on the ground that entries might be made in it over which the prisoner had no control. Mr. Justice Darling said that as the entry was made by somebody other than the witness it could not be put in.) The reason why I took five officers with me was because prisoner was carrying loaded firearms. Not one of the nine witnesses mentioned prisoner's name as the man who had gone away with deceased.

  ERNEST LAUNDY , assistant publisher, "Evening News," 3, Arthur Road, Brixton. The 5 p.m. Home Edition of the "Evening News" gets out on to the streets at 4.30 p.m. and on Saturdays at 3.30 p.m. The 6.30 Edition would get out at 5.30 and on Saturdays at 5.45. The circulation of the Home Edition is about 95,000 copies and the 6.30 Edition 279,000 copies.

  ABRAHAM FELDMAN , jeweller, 6, Black Lion Yard, E.C. On November I sold an 18-carat gold watch and chain and ten-shilling piece for £9 17s. 6d., and this is the receipt (Exhibit 27.) I cannot tell for sure whether prisoner is the man who bought it; I cannot recognise his face. He would be in the shop perhaps 12 minutes altogether. It must have been in the evening. The shop was lit by electricity.

  LEWIS MINCHINSKY , bootmaker, 27, North Place, Buxton Street, E.C. (Evidence interpreted.) Sam Rosen lodged with me at Frostick Place. There is a shop and a parlour there, and at the side of the shop I made a partition so that he should be able to sleep there; he slept in the back part and I slept in the parlour, which is at the back of the shop. (Mr. Muir stated that what was being attempted to be done was to call a witness with the object of contradicting or modifying Rosen's evidence, which was not before the jury at all except by the statements of Mr. Abinger, and he submitted that such evidence was inadmissible. Mr. Justice Darling, while stating that in his opinion it was a very curious proceeding, said he would not stop it. Mr. Abinger stated that it would be convenient that the jury

should hear what Rosen would have been called to prove if it had not been for the fact that he afterwards admitted his evidence was untrue.) On the night of New Year's Eve he went to bed at 11.30. I. read a report of his evidence in the paper. I met him afterwards and he said that it was not correct that he saw deceased and prisoner at half-past one at night time; he said he would like to speak to prisoner's solicitor and tell the truth.

  JOHN HOLMES GREAVES , recalled. The distance from a point somewhere near Philpot Street and Bedford Street in Commercial Street, to the corner of Sidney Street and Mile End Road is 710 yards.

This concluded the evidence for the defence. Mr. Muir stated that the prisoner gave evidence in this court for the first time, both by himself and by witnesses, that he and the two witnesses whom he called were in the Shoreditch Empire between nine o'clock and sometime after 11. That evidence was intended to contradict, and was contradictory of, the evidence called on behalf of the Crown as to the prisoner and deceased being together for the greater part of that time in Snelwar's Restaurant. He proposed to call evidence to show that his and his witnesses' statement as to their being in that theatre were untrue.

(Rebutting evidence.)

  HECTOR MUNEO , acting manager, Shoreditch Empire. Exhibit 74 is a plan showing the seating accommodation of the ground floor. On the night of December 31 the two rows marked "L" and "K" were let at a shilling, "J" at eighteenpence, and the remaining rows were reserved seats at 1s. 9d. For these last you would have to book your seats at the box-office or by telephone, and you would get into them by the counterfoil of your booked ticket. By 5 p.m. that day all the seats up to row "J" were booked for the second performance. The door was opened to let the people into "J," "K," and "L" at about 8.50, and in two or three minutes all the seats were filled. At that door a queue began to be formed just after 7 p.m., and in order to get a seat you would have to be in the queue at about 7.15. For the rows "K" and "L" a person would get a dark blue ticket, which would be given up at the first entrance. For row "J" he would get a blue cardboard ticket, from which a piece would be torn off at the front entrance, which would be given up at the row. For rows "A" to "J" a counterfoil paper ticket would be given, showing the number of the seat, and this ticket would be kept the whole night. There is no post in front of the spot marked between "G 9" and "F 8." There are two posts at the back of row "J," which would hide the view from two seats in the last row but one. There are 310 seats in that part of the house, and 502 people were admitted on that night. About three minutes after we opened there was standing room only. There was no performance of a little girl and boy acting as man and wife, or of a man acting as a Scotchman.

Cross-examined. It is most natural for an acting-manager to go out into the street and see what time the queues form up. I remember

the time that this queue formed up on this night because it was the Saturday night of a bank holiday week. Last Friday Inspector Brogden telephoned for me. I have known him for the last six years. He said the Judge wanted me in court, and to come along right away. He did not tell me what for. He did not ask me what time this queue formed up. Before stating it to Mr. Muir I had told nobody that; I had no occasion to do so. I came here last Friday and made a statement to a gentleman upstairs. No one asked me if I could remember what time this queue was formed up. The reason why I remember the time is that on Saturday the people were lining up for the second house before the first house people had gone in; that happened every night that week. I have seen Brogden in the music-hall bar, and may have had drinks with him. That night Harry Champion sang "Ginger, you're balmy"; he had been doing so all the week. The Scotchman started on Monday. Gertie Gitana sang on the Saturday; she had also sung all that week, except Wednesday and Thursday. The performance was entirely changed on the Monday. If I go to a music hall I generally take more notice of the performance than the part of the hall where I am sitting. At the nine o'clock house on the Saturday night there were no 9d. seats, but there were in the first house. I should say it was an unusual thing for two men to give up their seats to two good-looking girls, although I have known it happen. In spite of the fact that 502 people occupied a space for 310 there was no rush.

Re-examined. I told the people that there was standing-room only as soon as we sold the tickets that we had for the last three back rows, which was about 8.55.

Police-constable STEPHEN DART, 45 HR. I was on traffic duty in High Street, Whitechapel, between 8 a.m. and noon on December 31. In the morning there is a hay-market in the street, and no stalls are allowed between Aldgate East Chambers and Leman Street.

Mr. Abinger commenced his address to the jury.

(Tuesday, March 14.)

Mr. Abinger concluded his address.

Mr. Muir commenced his reply.

(Wednesday, March 15.)

At the sitting of the Court Mr. Abinger applied for leave to call further evidence. Mr. Justice Darling (who had previously seen Counsel in his private room) at once granted leave.

Police-constable GEORGE GREAVES, 86 H. On January 8, from 6 a.m. to 2 p.m., I was on duty in the charge room at Leman Street Police Station. I was present when prisoner was brought there. He said, "What am I brought here for?" A detective officer, whom I believe to be Sergeant Brogden, said, "I told you before, you are brought here on a serious charge—on suspicion of murder." Prisoner

then said, "All I have got to say is this, that it is not the first blunder the police have made." There was nothing more said. He was standing about one yard from the desk in the middle of the charge room and I was standing close up to the desk. There were two or three other officers standing about, but I could only point out Detective-sergeant Brogden if I saw them. (Detective-sergeant Brogden came into Court.) I swear it was he who made that statement to prisoner. Prisoner was then taken to the large association cell at the end of the cell passage, where two officers were left in charge of him; I went down and saw the two officers standing by the door of the cell in which he was; one was Staff 368 H and the other, I believe, Harris 168 H. (Police-constable John Harris, 168 H, came into Court.) I believe he is the officer, but I am not absolutely certain. The association cell door was wide open and one may have been in the cell, and I think one was in the passage. I do not think either of those officers was present when Brogden made that statement. I should not recognise the officers who were presnt. I have no idea who they were. A man in plain clothes, whom I believe to be a detective constable, ordered me to send a telephone message that morning and I made this entry in the telephone book: "From Police-constable (C.I.D.) Jeffries at Leman Street to Det.-Inspector Ward, Brixton. Please come to Leman Street at once. 9.28 a.m." If I saw Jeffries I could not say whether he was in the charge room when the statement was made. At 4 a.m. on Tuesday, March 14, I wrote a letter from my bedroom at 65, New Road, addressed to "Mr. Abinger, K.C., Counsel for the defence of Stinie Morrison, Central Criminal Court, Old Bailey, E.C." I posted it at 5.30 a.m. I gave authority to prisoner's Counsel to use it if he thought fit in the interests of justice.

The letter wag read, in which witnegg volunteered to give evidence to the effect of what he had stated, and stating, "I appeal to you, sir, to guard my interests should you deem it necessary to take any action in consequence of this communication, and if the Commissioner of Police should discover I had sent this letter to you, it would probably cause my instant dismissal from the police service, so if possible do not let this communication be known to have passed from me.... I prefer to remain out of the cage if not absolutely required. I feel compelled to write this to you in the interests of justice.... I write solely with the object of giving fair play to Morrison, go please treat this letter as strictly confidential if possible."

Mr. Justice Darling stated that when these matters were brought to his notice he had ordered that, whatever might be the consequences either to this or any other officer, they should be made public.

Examination continued. I was on duty last night in Whitechapel Road when a sergeant fetched me to Leman Street Police Station. I arrived there at 12.15 a.m., and made a statement in the presence of Sir Melville McNaghten and Mr. Abinger; Mr. Abinger put me questions and those and my answers were written down by Sir Melville. The examination concluded about 1.45 a.m. I signed this statement (Exhibit 83) I had made.

Cross-examined. It was about eight or 10 minutes after prisoner was brought in that I heard the statement made. The inspector was not in the room. I think Inspector McKenzie was in charge of the

station at the time; I saw him about that time. My impression is that prisoner was brought in at 1 p.m. When the statement was made Inspectors Wensley and McKenzie were not there, Sergeant Brogden was there (in plain clothes), and I don't know if Jeffries, Harris, Staff Messent, and Bellinger were there. (These officers had been paraded before the witness.) I think there was one officer in plain clothes and one in uniform, but I am quite uncertain. The first thing Brogden said to prisoner was "Why don't you sit down?"have known Brogden perhaps 12 months; he has been occasionally to the Leman Street station; I believe he belongs to the same division as myself. I knew that he was a detective-sergeant, but I do not know much about him. For months I did not see him at all. I do not remember how often I saw him in the week ending January 8. I think I have a good memory. I have known his face, but not his name. I have been doing first, second, or third reserve duty at the station; part of my duty is to send or receive messages. The telephone is in the charge room. I suppose Brogden would come there if he wanted to use the telephone, but I do not think he would come there in the ordinary course of business. We get to know the faces of the detective officers, but not their names. When writing to Mr. Abinger I was sure it was he, but not sure of his name. I had known Messent's face quite 12 months, but I have only known his name a few weeks; I believe he is in my division. I knew Jeffries as a detective probably 12 months, but I could not have said his name. I have not seen him at the station very often. I have never seen Bellinger before to-day. Except for Brogden and prisoner there is no one I can name who can either confirm or deny the statement I am making. Five or six days ago I first heard some people saying that prisoner spoke about the murder before the murder was mentioned to him. I did not read much of the proceedings at the police-court. I first mentioned this conversation I had heard between Brogden and prisoner about two or three days ago to some police officers; I cannot name them with certainly, but I can mention one or two. I spoke to Police-constable Heiler. (Mr. Justice Darling directed that this officer should be sent for.) I think I spoke to him on last Sunday and Monday night, when on night duty. I do not remember the names of the other officers, but I have spoken to about three during the last two days; we have gossiped about it, what happened in the charge room; they have been on night duty. Besides the officers, I also spoke to a night watchman (I think he is at the Salvation Army headquarters in Whitechapel Road) on Monday night; I may have spoken to him also on the Saturday night before, but I do not remember. Yesterday I also spoke to Lewis Lavitski, the son of my landlord—at 83, New Street—Charles Lazarus Lavitski, in whose house I am a lodger; I do not remember if I spoke to him about it before yesterday. I also spoke yesterday to Annie Lavitski, him mother, and also on Monday and Tuesday—probably before. To the best of my memory I have not spoken to anybody else. The only reason why I mentioned it is that one likes to talk sometimes to people one lives with and to officers one works with. I heard about five days ago for the first time that there was a dispute

about the point, and then I realised that my evidence was important, but I did not see it in the newspaper and it was only when I did see it there early on Tuesday morning that I decided to take action. Before (that I had looked at the papers, but I did not see sufficient to justify me in taking any action. If I have time to read the paper I generally buy "The Evening News." A matter concerning a criminal case should be reported, as a matter of strict duty to the officer on duty at the station. I did not do so, because there was no time to go through such formalities and I was not sure Whether it was necessary for me to give evidence, so I submitted the matter to Mr. Abinger. I did not thoroughly understand the case and I did not see that it was really necessary to report it. The faat that Brodgen and I are both in the police force had nothing to do with my not mentioning it. I have been in the police force seven years and nine months and have been removed from one division to another, it may be, five times. I was for 19 months in the L Division and from there I went to the Public Carriage Department, New Scotland Yard. There is nobody who was associated with me there whom I am in the habit of seeing from time to time. I know Ex-inspector Syme; he was working at Scotland Yard then, but not in my branch. I have not seen him for eight months. I have sent him about two letters, the last being about a fortnight ago. I got a reply; I have not it with me. Our correspondence was not about this case; it was never mentioned between us. He has been attacking the police in a paper called "P.I.P.," accusing them, I believe, of corruption and giving false evidence; I have read the articles. He was dismissed from the force. He was prosecuted once for threatening the late King. He has also written a pamphlet complaining about his dismissal from the force, which I have read. I was suspended for making accusations of generally oppressive conduct on the part of my sergeant, Napper, which I was unable to prove. I was not suspended on the ground that they were unfounded; it is a mutter of routine to suspend a man making such a complaint. I volunteered to give evidence against him in favour of a man who had been reported for misconduct. I was reported also for making untruthful statements in the superintendent's office—not on oath; and I was severely reprimanded, strictly cautioned, and transferred to another division. This was in July, 1909. I named constables who I said have complained of Napper's conduct and in the office they were called and denied it, but one of them afterwards admitted it to me. I met Syme accidentally at the shop of a man named Jones, I think, at a street somewhere in Pimlico, of which I forgot the name; it was No. 30. I have had no communication with him since, except the two letters I wrote. I remember seeing Inspector Wensley at the station on the morning of the 8th after prisoner was arrested. He did not use the telephone to my knowledge. He would use it generally from his own office, and would have to be put through some other instrument. I was in part charge of it that day. If you use certain plugs you can hear what is being said. He did not come out and reprimand me because he found me interfering with the plugs. I have never tampered with them. I

do not know that at that time he was talking to Sir Melville McNaghten; I cannot remember any occasion in January when he did so. I do not know if he went out after prisoner was brought in. I do not remember him coming back again and Inspector McKenzie calling us into the charge-room and asking whether anybody had spoken to prisoner about a charge of murder. I say emphatically he did nut ask me that question, and I did not tell him that I had not heard anybody do so. The other officers did not say so in my hearing. Since the Houndsditch murders I have sent statements to Inspector Wensley of what I have heard concerning them. I said in one of them that I had got information from Charles Lazarus Lavitski. None of the persons named in my letters have been arrested as far as I know. The last letter was about two months ago. A detective told me in Inspector Wensley's name that the correspondence must cease. All the questions in Exhibit 83 were put to me by Mr. Abinger.

Re-examined. No inducement was held out to me by anybody to write to you; no one knew I was writing it. I understood that Brogden was only doing his duty in telling prisoner what he did; I had heard no instructions that the charge of murder was not to be mentioned to him. I think he gave him the usual caution. When I arrest a man on a charge of murder I should tell him what the charge 1s. If I were arresting a man on suspicion of murder and for not notifying his address I should certainly tell him that I was arresting him on suspicion of murder. (To the Court.) If I were arresting a man for failing to notify and suspected him of murder I should tell him I was arresting him for failing to notify. (To Mr. Abinger.) I thought it my bounden duty to write the letter at whatever risk to my career. I did not know prisoner before this or any one connected with him. In the case of the detectives in the H Division, I know them better by their faces; the uniformed men I know by their faces and numbers.

Further cross-examined. Copies of police informations are available for every officer to see. This is a police information of January 16: "Wanted for petty offences, No. 303, licensed holder, Morris Stein, for failing to reside at his registered address. Caution.—Carries firearms, and may attempt to use them." I have never seen it before. It was probably read out by the inspector, but I was not present. Generally informations are read aloud to the men.

Police-constable CHARLES HEILER, 299 H Division. My duties take me to the neighbourhood of Leman Street Police Station.

Cross-examined. I know Greaves. I was on night duty last week. Last night and the night before my beat came near his. He asked me whether I had followed the papers closely and I said, "I have seen them; I have been looking at them every day." He said, "Do you know what was said about the prisoner—whether he made a statement about a murder before there was anything said about it to him?" I said, "Well, so it says in the papers." He said, "Well, if they say that, I know different, because I was on the reserve at the time when they brought the prisoner in. He did not sit down; he came to the desk, and when told to sit down again he said, 'All I want to know is what I am being detained for.' He was then told by one

of the C.I.D. officers that he was wanted on a very serious charge—on suspicion of murder. It was then that Morrison said, 'You have made some blunders, but no blunder as big as this.'" That was said to me on Monday night and it has not been repeated since. I said nothing. He said nothing about giving information as to it. I believe I spoke to him on Sunday night and Monday morning, but not about this matter. Last night he told me he was going to give evidence at the Old Bailey to-day.

Re-examined. I have had no communication with anybody representing prisoner.

Mr. Abinger addressed the Jury upon the additional evidence. Mr. Muir replied. His Lordship summed up.

Verdict, Guiltyof wilful murder.

Prisoner, called upon in the customary form, said: I have got a great deal to say. For one matter, the evidence against me as to the funds which has been seen on me on January 1 being the proceeds of the murder. I can prove that in November I had a sum of £300, and out of this £300 I have still got £220. If I can prove that, will that in any way alter the Jury's verdict?

Sentence, Death.