7th January 1913
Reference Numbert19130107-74
VerdictsNot Guilty > directed; Guilty > unknown; Not Guilty > directed; Not Guilty > unknown
SentencesImprisonment > hard labour

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CLARK, Sidney (29, gold refiner), HATTON, Charles (29, stoker), KNIGHT, Sidney (25, auctioneer), and ENDERWICK, Arthur Waring (31, gold refiner) ; Clark, Hatton and Knight stealing one silver fish slice and other articles, the goods of Frederick Mills, and feloniously receiving the same; Clark and Enderwick stealing one watch and chain, the goods of Walter Synoutt Williams and feloniously receiving the same.

Clark, Hatton and Knight were tried on the first indictment.

Mr. Bodkin and Mr. A. F. Graham-Campbell prosecuted; Mr. Muir and Mr. Boyd defended Clark.

CHARLES MCGAVIN , 36, Pembridge Villas, Bayswater. About 6.15 p.m. on November 24 we went out, leaving all secure, and returned about 9.45. We found the house in disorder, and sent for the police.

BERTHA MILLS ; wife of Frederick Mills, 7, Arundel Place, Brighton. The house, 36, Pembridge Villas, and contents, belong to Mr. Mills. I recognise all the gold articles produced as belonging to us, and they are worth about £50. I could not tell you the value of the silver articles.

Detective ALBERT ROMFORD, F Division, spoke to being called to the house and finding that the lock had been forced.

Detective JOHN COLES, New Scotland Yard. On November 18 I was, in company with Sergeant Leach, watching 102, Central Street, E.C., which is a gold refiner's place, kept by Clark and Enderwick. About 11 o'clock that morning I saw Knight and Hatton enter the shop. Knight entered first, and was followed two minutes later by Hatton. They remained about six or seven minutes and left together. They both had a piece of white paper, and appeared to be counting money. They joined a third man, and went away together.

Cross-examined. From my position I could not see who actually served them. I know Clark and Enderwick have been carrying on the business for over four years.

Detective-sergeant CHARLES LEACH, C Division. I saw Knight enter 102, Central Street, and Hatton followed about half a minute afterwards. Clark was behind the counter. I entered the shop, and Clark was in the act of examining this fish slice. The rest of the silver property was lying open on the counter. I said to Clark, "Who brought this property in?" and he pointed to Knight. I asked Clark if he had purchased it, and he said, "No." I told him I was a police officer, and asked. "Is this man a customer of yours?" He replied, "No." I then asked, "Have you seen him before?" and he said, "No." I inquired of Knight where he got the property, and he replied, "I bought it from different people during the week; I cannot tell you who they are." I said, "Where did you buy the property from, then?" He said, "I shan't tell you any more; I will take the blame if I get lagged for it." I then told him I should take him into custody, and he said, "All right." I asked Hatton what he had come into the shop for, and he said, "To sell some stuff." I said, "Where is it?" He produced these gold articles, and told me he had bought them bit by bit during the past fortnight from different people in public-houses in the neighbourhood. He said, "The gold chain is my own." He said he did not know the people from whom he bought the goods, nor could he describe any of them. I asked, "Have you been here before?" He said, "Yes, I have been here on several occasions with stuff like this which I have bought from people I have met in the neighbourhood." I told him I should take him into custody, and he replied. "All right." I searched the premises, and found a tin containing several articles, amongst which were the case of a gold watch and a chain, and the bow of the watch.

Cross-examined. I know that before Clark and Enderwick started this business Clark had been employed by a very well-known firm for about ten years, and left there with a high character. There never has been any charge against either of the partners. No difficulty was put in the way of my searching the shop; and the only articles which I found that have been identified as stolen property were the watch case and chain and bow. Clark at once told me he bought the watch and chain about midday on the previous Saturday from a customer, and gave seven guineas for them. Enderwick came in, and said he was not present at the time it was bought. Clark pointed to an entry in the purchase book, giving the weight, price and the vendor. The name of the vendor was H. Clark. I asked for Mr. Clark's address. He could not find an old receipt for some time, but in the afternoon he gave me one bearing the name and address of "H. Clark, 14, Wilmington Square." He said, "I don't know whether he lives there now." I found that no such person was living there. Clark had given 60s. an ounce for the gold; I agree that that is a fair price, and it was the price on his list. I looked through two books relating to purchases, and I found to average transactions would be from twenty to thirty per day.

WALTER SYNOTT WILLIAMS , of Barnes. I am on a visit to this country from Australia. On Saturday morning, November 23, I was in a bus on my way to the City, and got there just about 10.30. I had asked for a certain place. Just as I came to Holborn Viaduct a

man sitting opposite me said, "This is where you are to get off." I started to get off, and at the same moment several other man started to get off. Three of them got down the steps of the bus, and I could not get down. They tried to come back, pretending they wanted to get back. After standing there for some seconds, I said, "I wish you gentlemen would either come up or get off." In the meantime there were two or three round me and I could not move. When the others came up I got off the bus and directly afterwards I missed my watch, chain, and sovereign case, containing five sovereigns. I identify the watch case, chain and bow, as my property. I paid £35 for the watch and £6 or £7 for the chain.

Mr. Boyd submitted that there was no case against Clark.

Judge Rentoul agreed, and a verdict of "Not guilty" was returned.

CHARLES HATTON (prisoner, not on oath). On November 25 I was walking down Goswell Road along with Knight, and we met a man, who asked us whether we could sell any old gold and silver for him. I said, "It is all according to what price you want for gold." He said, "I can only get 50s. an ounce for 18c. gold." I said, "If you will let me have it I will go and get you 60s. per ounce for the 18c. gold and 30s. for the 9c. gold." I took the gold because I know a little bit more about the price of gold. Knight took the silver. We went into the shop exactly together and while we were there the police came in. I knew the man by sight. I did not know it was stolen property.

SIDNEY KNIGHT (prisoner, not on oath). They accuse me of being in the shop before, on November 18. This is the first time I have ever been into the shop. I was accompanied by Hatton when this man gave Hatton the stuff. Hatton took the gold and I took the silver. I simply walked into the shop.

Verdict (Hatton and Knight), Guilty.

Clark and Enderwick were then tried on the second indictment.

WALTER SYNOTT WILLIAMS , of Barnes, spoke to having been robbed of a watch and chain and sovereign purse whilst attempting to get off an omnibus near Holborn Viaduct. He identified the watch case and chain (produced).

JULIA BENZONI , 14, Wilmington Square, Clerkenwell. During the 23 years I have lived at my present address no one of the name of Clark had lived there.

Detective-sergeant CHARLES LEACH. On November 25 at 11 a.m. I searched the premises at 102, Central Street, occupied by Clark and Enderwick. They carry on the business of gold and silver refining. I found a tin containing several gold articles, including the chain and broken watch case and bow (produced). I asked the defendants, "Where did you get these from?" Clark said, "I bought the watch and chain last Saturday about mid-day from a customer." I asked if Enderwick was present on that occasion. Enderwick replied, "No. I had knowledge of the transaction, as we are in partnership together. We have been in business together here now for four years." I said to Clark. "Was the watch sold to you in its present condition?" He answered. "Yes; I gave seven guineas for it." I asked for the name and address of the customer and he showed to me a book containing this entry under

date November 23: "Gold, 2,450, Clark, 60s., seven guineas." Clark promised to find the address of the Clark mentioned and later in the day he gave me the counterfoil of a receipt dated September 12 and bearing the name. "H. Clark, 14, Wilmington Square." Clark said, "That is the address of the man I bought it from; I don't know whether he lives there now." I was handed an address book, but, although there were the names of three Clark's, not one was given as living at 14, Wilmington Square. I arrested the prisoners next day, when Enderwick said, "I did not purchase it; the first I knew of it being here was when you brought it out of the safe." Clark said, "I purchased it."

Mr. Muir submitted that there was no case for a jury in regard to Enderwick because he did not know of the transaction nor did he know the gold was stolen.

Judge Rentoul agreed, and a verdict of Not guilty was returned.

SIDNEY CLARK (prisoner, on oath). When this gold was found by Leach I at once gave him an explanation of how I came by it. I helped him in the whole matter; otherwise he would have had considerable difficulty, because buying from all sorts of sources, as we do, one cannot collect his thoughts at once and decide where a particular article has come from. The articles corresponded in weight exactly with the entry I had made in the purchase book. When I bought the watch case it was precisely in the condition it is in at present. I had had dealings with the man Clark before and he was very respectably dressed and a man of good bearing. When I first saw him he told me he was a dealer. There was nothing extraordinary in the whole transaction. Clark's name and address were not in the address book and should have been; it is an omission. I had not the smallest idea that the property had been stolen.

Cross-examined. The name and address that a man gives when he comes into the shop we have to take very much for granted. A man may produce a bill-head or card. It would be quite impossible to ask a customer to wait whilst we verified that he lived at a certain address. I have had a good look round for Clark, but have not come across him since I had the transaction with him.

THOMAS FOSTER , stick mounter, employed by Mr. Dale, of Hoxton. I was in Clark and Enderwick's shop on November 23. I went there to buy some gold plating for Mr. Anderson, who was then my master. Whilst I was in the shop old Mr. Dale came in, and there was a man sitting on a chair. I did not take much notice of the man, but from what I could see of him he seemed to be pretty well dressed and a respectable man. I was served first, and then left the shop.

FRANK DALE , stick mounter, Hoxton. I was in Clark and Enderwick's shop on November 23, and saw the last witness and another man there. The other man was a respectably dressed young fellow. He was served before me, and by Clark. I am pretty sure that the articles put into the scale were a gold case and a gold chain.

Verdict (Clark), Not guilty.

Knight had been sentenced to twelve months' hard labour for uttering counterfeit coin, and there were two previous convictions as an incorrigible

rogue and two for theft. Hatton had been sentenced to twelve months' hard labour for loitering, and there were three previous convictions.

Sentences (Knight and Hatton): Each Twelve months' hard labour.

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