Offences: Deception > forgery; Deception > forgery; Deception > forgery; Deception > forgery; Deception > forgery
Verdicts: Guilty > no_subcategory
Punishments: Imprisonment > hard labour
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JACKSON, Andrew Lincoln (53, engineer) , unlawfully forging and uttering, knowing the same to be forged, a certain writing and obtaining by false pretences from Harry Montague Moody £40, with intent to defraud; feloniously forging and uttering, knowing the same to be forged, the acceptance of a bill of exchange for £500, with intent to defraud; feloniously forging and uttering, knowing the same to be forged the acceptance of a bill of exchange for £1,000, with intent to defraud; forging and uttering, knowing the same to be forged, a bill of exchange for £200 and the acceptance thereof, with intent to de fraud; forging and uttering, knowing the same to be forged, a bill a exchange for £150 and the acceptance thereof, with intent to defraud Mr. Bodkin, Mr. Graham-Campbell, and Mr. E. Haddon prosecuted.
Prisoner was tried on the first indictment.
WALTER THOMAS FREMLIN , 6, Milgate Park, Bearsted, Maidstone, brewer. In the beginning of 1911 I met prisoner, and had discussion with regard to coal in Kent. Several letters ensued, and on March 13 I advanced him £250 by cheque to facilitate the preparing for searching for coal I had property in Kent, on which he hoped to find coil On March 28 I advanced £350 for the same purpose. Prisoner signed agreement (produced) of March 21, 1911. Several letters passed. Prisoner told me he had an interest in the Novel Electric Theatres, Limited, and gave me as security for the advance certificate (produced) for £2,100 Debentures, and as stated in agreement of May 21, 1911, signed by prisoner and myself, he agreed to pay me the monthly interest of £12 5s. On May 29, 1911, I guaranteed prisoner's account with the London County and Westminster Bank, Maids-tone Branch, for overdrafts not exceeding £1,500. Prisoner handed me blank transfer of £2,100 Debentures of the Novel Electric Theatres, Limted, (A large number of Utters were identified by the witness.)
(Monday, December 9.)
WALTER THOMAS FREMLIN , recalled, cross-examined by prisoner. I joined this syndicate partly to benefit the county of Kent, partly because it was supposed to be a very good thing for my property and would benefit neighbouring properties. I joined it as a speculation I have not asked for this prosecution or made any allegation of fraud against you. I did not conceive you intended to defraud me. I did not swear the information; I simply handed the documents to my solicitor, Mr. Monckton, for his inspection; I did not read the certificate. I left it to Mr. Monckton to find out what had become of the money I had advanced. You turned it to your own personal purposes a good deal. I am a witness here merely on subpoena, with no intention of prosecuting.
Re-examined. I parted with my two cheques of £250 and £350 to support the venture—for the work of boring and other initial expenses I considered I had a mortgage on the Electric Theatre Debenture, but I left the matter entirely to Mr. Monckton. The agreement states that the prisoner is the registered holder of £2,100 sterling First Mortgage Seven per Cent. Debentures, secured upon the Novelty Theatre, Brighton, and that he charges all his property and interest in the said £2,100 Debentures to me as security for moneys already advanced or to be provided or guaranteed by me; the interest accruing on Me said £2,100 is also charged for my benefit until I am paid 10 per cent, interest on all moneys advanced.
STEPHEN LANCELOT MONCKTON , of Monckton, Son, and Collett, solicitors, Maidstone. I act as solicitor for Mr. Fremlin. I first heard of prisoner on May 25, 1911, when Fremlin handed me agreement, dated March 24,1911, between him and prisoner. I was not definitely instructed any further until early in July, When Fremlin handed me transfer of £2,100 Debentures. On July 17 prisoner wrote me letter (produced), stating that Fremlin had found £600 cash and £1,500 by a bank guarantee. "This has been spent by me as to £800 on my private account, as to £300 on the registration, costs, etc., £400 on Stock Exchange quotations etc., £600 on publicity, circularising, printing, etc., and on this last account I should have about £300 to find for which I am liable, making £2,400 about in. all or more" I consulted Fremlin, wrote to prisoner, and issued a writ for £1,550 11s. 1d., the amount of the guaranteed overdraft and interest. Under Order 14 I obtained judgement for immediate payment of £800, prisoner having leave to defend for the balance. Prisoner appealed, and the Court of Appeal dismissed the appeal with costs. On May 22, 1912, bankruptcy proceedings were commenced by petition against prisoner. After negotiation prisoner paid £650 in settlement of the judgment and costs, the claim for the balance of the £1,550 remaining in abeyance; that action has not been proceeded with. On January 16, 1912, a winding-up order was made of the Kent Outcrop Coal Syndicate on a petition of Fremlin and other shareholders.
JOHN BYE , Lysander Grove, Highgate, manager to the Cinema de Luxe, 65, Strand. In September, 1910, I was secretary of the Novel Eleotric Theatres, Limited, of which the nominal capital was £15,000 in shares of 5s. each. Prisoner was promoter and shareholder. The offices were at Rupert Street, Shaftesbury Avenue, afterwards at Moorgate Street, and afterwards at Brighton, where the company owned the Novelty Picture Theatre. Twenty-five Debentures of £100 each were created, four of which were issued to Pye Smith and 21 to prisoner (produced). The 21 issued to prisoner are endorsed." This is to certify the present holders of this Debenture are Hurman Samuel, Stewart Samuel, and Sidney Arthur Samuel, 10, Southampton Row, Holborn. November 9,1910." Signed by me, "John J. Bye, Secretary." They were sent to me by Samuels' solicitors. Transfer (produced) of October 10, 1910, is by prisoner to Samuels of the same 21 Debentures, and is signed by prisoner. A further document signed, by prisoner states that 21 Debentures are pledged to Messrs. Findings (Samuels) as security. I informed prisoner that I had endorsed the Debentures and received the transfer. Blank transfer (produced) signed by Jackson purports to refer to the same 21 Debentures, and has written upon it "Certificate for £2,100 Debentures in company's office, Novel Electric Theatres, Limited, John Bye, Secretary." I ceased to be secretary May 23, 1911. I had previously left with prisoner at his office, 118, London Wall, bland certified transfers for shares to which he was then entitled. The blank transfer (produced) was signed by me under the" words "Certificate for shares," etc—the word shares has been erased and" £2,100 Debentures"
inserted by prisoner. On May 7, 1909, prisoner had transferred all his shares; in May, 1911, he had none. I know no one of the name of Cyril A. Carew, Secretary. The signature of that name to the acceptance on bill produced is in prisoner's writing. I had nothing to do with the Kent Outcrop Coal Syndicate, Limited.
To prisoner. The conditions printed on the Debentures require a transfer thereof to be entered on the register. So far as I know you continued to be the registered holder on the books of the 21 Debentures in question. I attended very few meetings of the Novel Electric Theatres Company. I wrote up the minutes from drafts supplied by you. I received the transfer from Samuels' representative at the strand Theatre; he was sent to me by you. I told you I had received your transfer, together with the 21 Debentures. You said, Keep the transfer until the next meeting of directors. I signed the endorsement on the Debentures, returned them to Samuels' representative, and put the transfer away amongst other papers. Nominally there were two directors, and I was secretary. I have been employed by Samuels since March, 1911.
FRANK EDWARDS , chief clerk, London City and Westminster Bank, Maidstone. Fremlin has been a customer at my bank for many years. On May 29, 1911, he attended with prisoner and signed guarantee (produced) of an account in name of prisoner, guaranteeing overdraft up to £1,500, the whole of which was paid on prisoner's cheques by July 12,1911. On December 11,1911, Fremlin paid over the amount, with interest, amounting to £1,550 11s. 1d. On June 28, 1911, the Kent Outcrop Coal Syndicate opened an account with cheque for £2, drawn on the guarantee account; that was the only amount paid in; 4s. 2d. was charged for cheques, and the balance, £1 15s. 10d. was paid over to the Official Receiver in the winding up.
WILLIAM PHILLIP BELLAMY , manager, Barclay's Bank, East Molesey. I produced copy account of Lena Mary White Jackson, wife of prisoner. On May 30, 1911, £270 was paid in in two £50 and 17 £10 notes of the numbers shown on Exhibit 23; on March 18 cheque of Fremlin's for £250 was paid in; on March 30 Fremlin's cheque for £350 was paid in; on June 2 cheque of Andrew Jackson for £150 and on June 10 similar cheque for £120, both on the London County and Westminster Bank. Maidstone, were paid in.
(Tuesday, December 10.)
JOHN MASSIE , accountant, British (Linen Bank, 38, Threadneedle-streel. I produce certified extract from the country cheques register of my bank showing that on May 30, 1911, cheque produced for £205 on the London County and Westminster Bank, Maidstone, drawn by Andrew Jackson in favour of "Publicity Expenses or bearer," was credited to prisoner's account; on June 2, 1911, similar cheque for £50 15s. was credited. I also produce-copy of prisoner's account with
my bank during 1911. On May 29 the credit was £3 Os. 7d.; on June 2 £163 16s. 7d. (after payment in of the £205); on November 13., 10s. 3d.; after that date £70 was paid in. On December 27 prisoner's cheque in favour of M.H. Moody for £42 was dishonoured. On December 30 there was an overdrawn balance of 5s. 9d.
JOHN BYE , recalled. I produce draft minutes in prisoner's hand-writing of meetings on July 22,1909, and November 24, 1910. I was not present at either meeting, although, the minute book is entered up by me and I am stated to have been present as secretary. Letter produced signed "C. A. Carew" asking for £500 advance from the London County and Westminster Bank is in prisoner writing.
ARTHUR HARREY VICARM , 10, Arkwright Mansions, Finchley Road, carrying on business as stockbroker in me name of Rubinstein at 10, Draper's Gardens, E.C. I carried out transactions for prisoner in shares of the Kent Outcrop Coal Syndicate, Limited. Cheques produced of May 30, 1911, £50 and June 7 £200 were paid me in respect of differences.
FRANCIS WILLIAM LAWRENCE , of Windy bank, Samuel, and Lawrence 7, Oxford Court, Cannon Street. My firm are solicitors to Fieldings, a partnership consisting of three Messrs. Samuel. In September and October, 1910, prisoner had loans from Samuels amounting to £2,100 on the security of brokers' contracts for shares in the Novel Electric Theatre. A further £1,000 was then lent on a mortgage of the lease of 53, Strand, and 21 mortgaged Debentures of £100 each in the Novel Electric Theatres, Limited. Prisoner gave a promissory note for £1,300 of October 10, 1910, 21 Debentures, and signed transfer for same (produced). I sent my clerk to the registered office of the company to have the transfer registered; the Debentures were endorsed by the secretary as the (property of Samuels. Only about £200 of the loans was repaid; Samuels took possession of the theatre at 53, Strand, and Mr. Bye was employed to manage it. We took proceedings for the appointment of a Receiver, when we heard the company was in liquidation. A Receiver for the Debenture holders was appointed Jane 21, 1911. We realised about £20 from the movable effects at the Brighton Theatre. The positron with regard to the Strand Theatre was very difficult because the landlord had issued a writ for possession and would not allow prisoner to assign to Samuels; but he said he would grant a fresh lease to Samuels if he got judgment in his action against prisoner for possession. Prisoner instructed us to consent to that on his behalf in order to facilitate Samuels dealing with their securities; then the landlord granted a new lease to Samuels. They deal with it as mortgagees and ceiled in accountants, who valued at about £3,000, and it was sold at that amount to them., the Wince of prisoner's debt being still owing.
To prisoner. The order for a Receiver directs an inquiry as to who—are the Debenture holders. (There is nothing in the order including or excluding Samuels specifically; the action is in the name of Pye Smith and other Debenture holders. We had the secretary's endorsement on the Debenture Showing that Samuels were the holders and did not think it necessary to inspect the register to see if the transfer
was registered. It came as a surprise to us that the company were resisting the appointment of a Receiver on the ground that the Debestures were not registered. You put in no defence to the action and we thought it unnecessary to go on with the inquiry. I took possession of the Strand Theatre in March, 1911. I have not rendered an account to you because none has been asked for; you know what is owing.
FRANCIS MINCHIN , clerk in the Companies Registration Office, Somerset House. I produce file of the Kent Outcrop Coal Syndicate, Limited, registered June 9, 1911; the shareholders were Pakeman, Richards, and Simpson 25 shares each, Fremlin 4,000 shares, and two holders of five shares. The directors were Pincott Hill and Martin; Martin resigned and Hutchinson and Drummond were appointed, making three directors; then Hill resigned on December 4, 1911, Drummond on January 1, 1912; order to wind up January 12, 1912. I produce file of the Novel Electric Theatres, Limited, incorporated March 24, 1909. W.F. Hutchison was appointed director on November 17, 1909; Martin was also director. On February 27,1912, Mr. Partridge was appointed interim Receiver.
(Wednesday, December 11.)
JULES COPPEAU , 147, Wood Street, forwarding agent. I have known prisoner about four years and had several business transactions with him. On August 12, 1911, he owed me about £500; I called on him at London Wall and asked him for payment. He said, "You can take this bill on account," handing me bill produced, accepted by the Kent Outcrop Coal Company, for £150; "take £100 on account and when it is paid give me the other £50." It is a four-months' bill done October 31, on which date I paid it into my bank; it was dishonoured marked "No advice." I saw prisoner and told him; he said he would send to the company and see it was paid. I saw prisoner afterwards, but as I did not expect the bill to be paid I let the matter drop.
MONTAGUE HARRY MOODY , 6, Grocers' Hall Court, accountant. In October, 1911, prisoner applied to me for a loan of £500 on 5,000 5s. shares of the Navel Electric Theatres Company and a bill of the Kent Outcrop Company; I declined. He then said he wanted some money to pay wages, handed me certificate for 5,000 shares with signed blank transfer, and four months' bill produced of the Kent Outcrop Company for £200, dated June 29, due November 1, 1911, payable at London County and Westminster Bank, Maidstone, signed by W. Pincott Hill (Chairman), David Martin (Director), Cyril A. Carew (Secretary), drawn and endorsed by Andrew Jackson; he also gave me cheque dated October 16, 1911, drawn by Andrew L. Jackson on the British Linen Bank to me for £42. I then lent him £40. The cheque was held over for three weeks at the request of prisoner, presented, and returned dishonoured. I instructed my solicitors to take proceedings for the payment of the bill and then learned that the Kent Outcrop Company had gone into liquidation. I attempted to get the shares registered, but failed to find the registered office of the Novelty Company. At the time I parted with my £40 I thought the
due date of the bill was as noted upon it; prisoner told me that if I rang up the solicitors of the company they would confirm the fact that the bill was in order and that it would be paid. I did not do so as I thought his assurance good enough. If I had known that the bill had been altered from one month to four months and was then overdue I should not have parted with my money; I thought it was a current bill. With regard to the Kent Outcrop Company, prisoner produced to me the memorandum and articles and pointed out that Fremlin had subscribed for 4,000 shares.
To prisoner. I do not know whether the Liquidator has repudiated the bill or that it does not represent a just liability of the company. If the bill is a good bill the fact that it us physically altered would not master to me. I have been informed by the Companies Winding-up Department that the bill has been altered from two months to four months; consequently I was not the holder in due course and had no better title than you. When the bill became due the company was still in existence; it has not repudiated the bill. The securities operated on my mind in parting with my £40. Ton sent me a cheque for £1 1s. for holding over your cheque for £42, but it was dishonoured. I did not bother about your cheque for £42 being dishonoured as I thought you would be certain to want your shares and would come and pay up. I do not think the proof for the bill has been disallowed.
JOHN ROBERT PAKEMAN , of Pakeman, Son, and Read, solicitors, 11, Ironmonger Lane. I acted in connection with the registration of the Kent Outcrop Coal Syndicate, Limited, on the instructions of prisoner. The costs amounted to £266 11s. 6d., in respect of which I received prisoner's cheque for £180, about sufficient to pay for the distastements. Nothing more has been paid.
DAVID MARTIN , 11, Houghton Place, estate agent. I have known prisoner since the middle of 1909. I had office accommodation at his offices, 180, London Wall. About June, 1911, prisoner asked me to set as temporary director of the Kent Outcrop Company, as somebody had not turned up. I attended a meeting. Pincott Hill, Pakeman, and prisoner were there. Under Pakesman's directions I signed the necessary documents for registering the company. I afterwards attended three more meetings. I had no interest in the company; I never saw the secretary, who I understood was Richards. Prisoner was supposed to be the promoter. I do not know of any shares being issued to him. The minutes state "Preliminary expenses, including the registration of the company and all charges for printing, etc.; except the solicitor's costs, have been agreed at £600." Prisoner reported that that had been agreed with Mr. Pakeman; it was to be paid to prisoner for acting as promoter; I never heard of Cyril A. Carew until I saw a bill with his name on it at the Official Receiver's; I think there is no such person. I was present when two letters were authorised to the bankers, enclosing a cheque of £2 for opening an account, and requesting an overdraft of £500. Prisoner brought them forward; he laid two sovereigns on the table and took them up
again. I did not nee the signature "C. A. Carew"—I think it is prisoner's writing. On June 28 I attended a meeting; Hill and Jackson were present. It was resolved to accept the following bills in respect of the £500 which prisoner said had been agreed to be paid him:—June 28, £150 at one month; June 28, £150 at two months; June 29, £200 at two months—all drawn by prisoner on the company. Hill and myself accepted the bills as directors. The signature of C. A Carew was put on afterwards—it is prisoner's writing. I assumed Richards's name would appear as secretary. The bill for £150 is altered to lour months in prisoner's handwriting; I never authorised the alteration. The same applies to the £200 bill. I resigned my directorship on Jane 28.
MONTAGUE HIBBARD , Westward Ho, Gaped Road, East Barnet, surveyor. In October, 1911, I became a director of the Kent Outcrop Coal Company. Prisoner explained to me that the company were purchasing land at Maidstone, and that my experience might be useful as a surveyor. I had no interest in the company. Hutchison was my co-director, prisoner acting as secretary. I have known a man named Carew called at prisoner's office. I did not know horn as secretary of the company.
EDWARD VAUGHAN FOX , Examiner in the Official Receiver's Winding-up Department. I have been engaged in the winding-up of the Kent Outcrop Coal Syndicate, limited, under the order of January 16,1912. I received the minute book, share register, debenture and mortgage register, and pass book. On March 1,1912, I saw prisoner, and took his statement, which I produce, signed by himself.
Detective-inspector JOHN COLUNSON, City. On October 7, 1912, I saw prisoner in the Strand, and told him I held a warrant for his arrest, charging him with forging a certificate on a transfer of Debentures to Fremlin, and obtaining £40 from Moody by false pretences on October 6, 1911. When I read the warrant to him he said, "It is absolately false altogether. There was no forgery on my part what ever, and no false pretences. If any document bears Bye's signature it was signed by Bye and by no other person to my knowledge, and the amount referred to was not received by me but by the person who trades as Allen and Knight."
WILLIAM FRANCIS HUTCHISON , 232, Fore Street, Edmonton (called at the request of prisoner). I am a commission agent, and was formally a planter in the Colonies. I have known the defendant for some years To prisoner. I have had experience in gold mining in West Africa. I do not know anything of coal mining in England.
(Thursday, December 12.)
Verdict, Guilty. (The other indictment were ordered to remain on the file of the Court.)
Sentence: Eighteen months' hard labour.
BEFORE JUDGE RENTOUL
(Saturday, December 7)