7th January 1913
Reference Numbert19130107-72
VerdictsGuilty > with recommendation

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POGOSE, Nicholas , obtaining by false pretences from William Edward Green the several sums of £2 8s., £2 12s., £3 4s. 8 1/2d. and from David Dixey the sum of £4, in each case with intent to defraud; having been entrusted with certain property, to wit, a cheque for £25 for a certain purpose, unlawfully did fraudulently convert the said property to his own use and benefit.

Prisoner was tried on the first indictment.

Mr. Cassell prosecuted; Mr. J. P. Valetta defended.

WILLIAM EDWARD GREEN , grocer, Hammersmith. Prisoner has been a customer and on July 17 of last year he was indebted to me to the extent of 12s. He came into my shop and gave me a cheque for £3. It was signed by Murray Thompson. I gave him £2 8s. change. Before I paid that in on July 19 I saw prisoner's wife and 8s. was owing. A cheque for £3 similarly signed was handed to me and I gave £2 12s. change. The cheques were not honoured. On August 3 prisoner called on me and I drew his attention to what had happened. He gave me a cheque for £25, drawn by Ernest Cox. He told me he had seen the drawer that morning and that the money was in the bank to meet it. He had goods value 15s. 3 1/2d. and I gave him £3 4s. 8 1/2d., so that brought the total to £10. I gave him a receipt for the £25 cheque. I paid that cheque into the bank, but it was not met. On the following Sunday he sent a note requesting a further £2, but I did not send the money. I saw him on August 5. I had not then paid in the cheque. He asked me for £2 and I let him have it on his giving me his word of honour that the cheque would be met. He never paid me any money.

Cross-examined. The receipt you hand me, given on July 17 for £3 0s. 8d. for goods supplied, was not given by me at all. Prisoner never had that amount of goods. I had cashed one small cheque for him previously. He left the neighbourhood on September 25, and I saw him frequently before that date. I found out where he had gone, and instructed my solicitors to write for an explanation of why the cheque had not been met. If he had been able to find the money there would have been an end of the matter.

(Saturday, January 18.)

WILLIAM EDWARD GREEN , recalled, further examined. I produce my books. On July 16 I took an order for 3s. 8d. from 198, The Grove, where prisoner once lived. I have no entry in my books to prisoner for £3 0s. 8d.

ERNEST COX , 91, Brook Green, clerk. I have known prisoner for about two years. In July I met him at Hammersmith Station; he said he was short of money, and asked me if I could let him have a little. Finally I lent him £2 10s. Two days after I met prisoner again; he said he wanted some money. I said I could do with some myself. He said, "I can get you some if you can give me a post-dated cheque; I can borrow you £25 for a month." I said I could do with a loan of £25 for a month. I gave prisoner the cheque (produced), which I made payable to "E. Cadet," for £25, payable on August 3. I was to pay £2 10s. interest for the loan, and £2 10s. commission to the prisoner. I told him I had only a few pounds in my account. I met him afterwards and asked him for the loan; he said he could not get the business done. I asked him for the cheque back; he said he had not got it on him, it was at home. At another meeting I again asked for the return of the cheque; he said it was in the City. I never got my cheque back. On August 3 I had no money in my account to meet that cheque.

Cross-examined. I would not swear to the date on which I wrote the cheque. I did not draw the cheque to help the prisoner. (Witness's deposition before the magistrate was read: "I had no intention of asking the defendant for monies out of the cheque; it was an accommodation for him.") The deposition is wrong. I did not expect to receive a large sum in the beginning of August; I never told prisoner that. I told prisoner I should meet the cheque, but not unless I got the loan. (Witness's deposition was read: "I was paying £100 into my bank on the Tuesday.") That seems all upside down. I did not get a large sum in the beginning of August. I saw prisoner on August 3; he said he could not get the cheque discounted. On August 15 or 16 I received a letter from Mr. Green's solicitor, informing me that a cheque of mine had been returned, and threatening proceedings. I took no notice of the letter. All that prisoner was to get out of this transaction was £2 10s. for getting the cheque discounted. I never offered to pay the cheque or part of it.

DAVID DICKSEE , manager, Allen and Vincent's Dairy, 600. High Road, Chiswick. I know prisoner. In April last prisoner's wife

called and gave me cheque for £3. I took 18s. 11d. in payment of the account, and gave her the balance. I paid it into my bank; it was returned, marked "Payment stopped." The same evening or the following morning I saw prisoner about it; he said he could not understand it, he was inquiring into it. After that I saw prisoner repeatedly; he said he would see it was all right, but he had not seen the drawer of it. Finally he gave me a £10 cheque, signed Mary Thompson, dated June 1; I gave him the £3 cheque back and £4, and told him I would give him the balance on the following day. The next day I refused to pay the balance. I paid the £10 cheque into my bank; it was returned marked "R. D." I told prisoner; he said, "I really cannot explain it, I will show you the letter I had with the cheque." Prisoner then showed me a letter, signed "Mary Thompson," and said, "I will see her and see that it is all right." He subsequently paid me £1.

Cross-examined. Prisoner was a regular customer. I changed a cheque for him before. The letter which prisoner showed me from Mary Thompson was to this effect: "Mrs. Pogose,—I am sorry to hear you are in trouble. I am sending you a cheque for £10, which will help you over."

GERTRUDE RUSSELL , assistant to H. C. Russell, 1-7, Sidney Place, Coventry Street, W., milliner. On August 26 prisoner's wife called on me to change a cheque for £5 10s. (produced), signed "James Paterson." I gave her £5 10s. for it. It was returned marked "Account closed." I saw prisoner on two occasions about it. He said he was very sorry to find that this cheque had been returned and he could not understand it, because this man was in a very big way of business in the Kennington Road. He would see the man, get the money from him, and give it to me by 4 o'clock that day. Prisoner telephoned later and said he had not been able to see Mr. Paterson. I threatened to put the matter in the hands of the police. Prisoner promised to see me at 10 o'clock next morning, but did not call. On September 19 we received letter (produced), "The Grove, Hammersmith, September 18, 1912. Dear Sir, I will call on you to-morrow morning. Sorry I was unable to do so yesterday. Apologising, yours truly, N. Pogose." We have never received the money.

Cross-examined. I have heard that Paterson, the drawer of the cheque, has been accepted by the police as prisoner's surety. I did not know he was in court. Mrs. Pogose said she had seen Mr. Paterson, that he had been away for a week-end, and had transferred his account. She told me to pay it into the bank again. I did so, and it was again returned. I did not know that Paterson had become bankrupt.

ELIZABETH JAMES , baker and confectioner, 333, Fulham Road. I know prisoner. In October he handed me cheque (produced) drawn by "M. Downs" in favour of "B. Blanchard" for £1 and asked me to cash it. I took 8s. 3d. in payment of prisoner's account, and paid him the balance. The cheque was returned marked "R.D." I have never received my money back.

HOWARD MORTIMER THOMAS , clerk, National Provincial Bank. Baker Street. I produce certified copy account of Ernest Cox at my bank

opened on June 10, and closed on August 8. On neither July 3 nor August 3 was there anything like £25 cash to his credit. Cheque (produced) for £25 dated August 3 was returned by us marked "R.D."

Cross-examined. On August 2 £5 7s. was paid into that account; that is the last credit.

ALEXANDER BAXTER , clerk to H. S. King and Co., 65, Cornhill. I produce certified copy of Mary Thompson's account. She was allowed an overdraft of £10. Two cheques (produced) were returned marked "R.D." because the account was then overdrawn £9 13s. 4d.

Cross-examined. Mrs. Thompson has had an account at our bank for 20 years; she is the widow of an Indian official. We did not notify her that we had returned these cheques. We have allowed her to overdraw as much as £17.

Detective-sergeant BENJAMIN ALLERTON, T Division. On November 20 at 2 p.m. I saw prisoner in Colman Street. I told him I was a police officer and should arrest him for obtaining £2 8s. and other monies by means of a worthless cheque from Mr. Green, of Goldhawk Villas, Shepherd's Bush. Prisoner said, "What about Cox? He drew the cheque, but he told me it was all right with Green; he was paying him so much a month." I conveyed prisoner to Shepherd's Bush police-station, where, at his request, I read the warrant to him again. Prisoner said, "£2 8s.? This is all false; I never had £2 8s." On November 27, when he was charged with respect to Dicksee's cheque, he said, "I deny that; I had £2 1s. 1d., but not the £4." Mrs. Thompson, who is an old lady in very bad health, could not be found. Her son was subpœnaed instead.


NICHOLAS POGOSE (prisoner, on oath). I am an Armenian and 52 years of age. I came to England from India in 1882 with considerable means. In 1900 my trustee misappropriated my money and committed suicide; since then I have had to earn my own living by work in connection with exhibitions. I became very short of money. Mr. Paterson, who is in court, and who has been accepted by the police as my surety, gave me a cheque for £25 for work I had done for him. Mr. Foley, who is known professionally as "Blanchard," gave me the £1 cheque in payment of a debt he owed me. When I presented these cheque I had no idea they would not be met. Mrs. Thompson is a friend who has helped me out of difficulties. I have known her for about 30 years. Cox told me he would receive £180 from a partner, and promised to meet the £25 cheque. I believed him. Paterson's cheque have always been met in my experience.

ARCHIBALD HY. BAKER , solicitor, and ALFRED ERNEST WEBSTER, chartered accountant, attested to prisoner's previous good character.

Verdict. Guilty, with a recommendation to mercy. The second indictment was not proceeded with.

Mr. Paterson promised to pay his cheque within a fortnight.

Sentence: Two months' imprisonment, second division.


(Saturday, January 18.)

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