22nd June 1896
Reference Numbert18960622-515
VerdictGuilty > unknown

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515. HENRY LEWIS PHILLIPS, Unlawfully obtaining credit from David Eno Reeves, and other persons, under false pretences, and incurring debts and liabilities to them, with intent to defraud.

MR. BODKIN Prosecuted, and MR. HUTTON Defended.

WILLIAM GEORGE BEETLESTONE . I am an official in the Bankruptcy

Buildings, Carey Street—I produce the file of the proceedings in the prisoner's bankruptcy in 1876—the total assets were £438 10s., the total debts £11,131 14s. 3d.—he got his discharge on July 12th, 1878—I also produce the file in his bankruptcy in 1895; the petition is dated January 3rd, 1895; the act of bankruptcy is non-compliance with a judgment for £750, and costs, after bankruptcy notice—on February 6th, a receiving order was made, and on February 13th an order for summary administration—he signed this consent to his adjudication: "Henry Lewis Phillips, 28, Browns wood Park, South Hornsey"—the witness's signature to that is "Henry Stracy Phillips"—he was adjudicated bankrupt on February 20th—the nett liabilities are £1,859 4s. 7d., and the assets nil—he is still undischarged from that bankruptcy.

Cross-examined. If the creditors of the first bankruptcy passed a resolution that the prisoner was not responsible, it would not appear on the minutes—the judgment was on a libel action—there were between £400 and £500 of secured debts, and the ordinary debts were about £150 to £200.

Re-examined. Among the creditors I find twenty-three booksellers, with total debts £152 1s. 2d., including Bumpus £3 17s. 6d., Sotheran and Co. £11 15s. 6d., and Elliot Stock £3 13s. 5d.

DAVID ENO REEVES . I am a bookseller, of 5, Wellington Street, Strand—on March 20th, 1896, I received this letter. (From H. Stracy Phillips, requesting him to send copies of Wraxall and Lamb, and, if clean, a copy of "Once a Week" as per catalogue, to 267, Green Lanes, Highbury.) I wrote, saying that, as he was a stranger, I should first like a remittance—I then received this letter of March 23rd. (From Mr. H. Stacy Phillips, stating that to declined to pay for books before receiving them, and that to had recently returned half the number of books he had purchased from another bookseller curing to misdescription.) I then sent specimen copies of Wraxall, Lamb, and "Once a Week"; the "Once a Week" was returned—later on I sent volumes to complete the Wraxall and Lamb; they came to £2 12s. 6d.—I received a letter from him, acknowledging them, and ordering other books; and I sent copies of Thackeray, Hamilton, and "The Ghost World," the value of those being 17s. 6d., making a total of £3 10s.—I wrote for payment, but did not receive it—some time ago I sent a book, value 3s., to Mr. Scott, of 28, Brownswood Park, for which I did not get paid—I had no knowledge that the prisoner was an undischarged bankrupt—I believed it was an ordinary honest transaction—the value of the "Wraxall Memoirs" alone was £1 6s. 6d.

Cross-examined. I believe he dealt a good deal with my father's firm, Reeves and Turner, in the name of Phillips; I believe he paid them considerable sums of money from time to time.

Re-examined. There is no connection between that firm and mine.

CHARLES JACKSON . I am a bookseller, of 22, Great Russell Street—on March 23rd I received this letter. (From H. Stacy Phillips, asking him to send certain books and a small portrait, as per catalogue, to 267, Green Lanes.) I sent the five books and the portrait mentioned; some of them were returned—shortly afterwards I received this letter. (Stating that H. Stacy Phillips had kept the books, except the "Pottleton Legacy," which had been returned, as it was in such poor condition, and

ordering other books to be sent). I sent some of them—I received this letter of March 30th. (Stating that H. Stacy Phillips was returning the six volumes of Canning, an they had paper labels, and ordering other books if they were nice copies.) I sent what I had of them—I then got this letter. (Stating that one book was being returned, and ordering others.) I sent the Marry at ordered there, at 4s.—my account came to £4 19s. 6d. for the books kept, allowing for those returned—I have applied for my account two or three times—I got no answer to my letters—I have never been paid—I did not know the prisoner, nor anything about him.

Cross-examined. I have not seen any of my books in the hands of the police; I have not got any of them back—he ordered the "Pottleton Legacy," which I sent on approbation; its value was £3 3s.—it was not in very fine condition—his order said I was to send it if it was—they were second-hand books named in my catalogue; in some cases they were as good as new.

EDWARD SAGE . I have no occupation—I live at 64, Lordship Park, Stoke Newington—I have known the prisoner about ten years—about two months before June 3rd, when I was examined at the Police-court, I received a letter from the prisoner, signed "Phillips," and dated from 28, Brownawood Park, and asking me if I would buy a "Wraxall's Memoirs," in five volumes, for £1 5s., as he had bought two copies, and did not want one—I wrote and told him I had spent all the money I had to spend on books until some more came in, and I could not afford to buy them.

Cross-examined. Twenty-five shillings was a fair price, and not under the value—the prisoner is a book collector; he has a fine library; I have been in it—he understands books thoroughly; he has been buying and selling books all his life.

Re-examined. His room is full of books; I was introduced to him as a buyer of books—I cannot say if he has been selling books—he had this valuable library in February, 1895—it was his.

WALTER JAMES LEIGHTON . I am a bookseller, of 40, Brewer Street—on April 8th I received this letter. (From H. L. Phillips, F.G.S., asking for certain books to be sent if in good condition, and the cost of binding a fine large paper copy of Percy's MSS., which he possessed, or what they would allow him for it.) I sent two books—I received these letters from him. (Asking him to send their copy of Percy's MSS., as, if it were nice and bright, he would take it in exchange for his: another letter said he would keep the small copy of Percy's MSS. sent, but returned the two other books sent as they were not up to description). I had sent my copy of Percy MSS. to him—the two books I sent were valuable first editions, for which there is great demand—I also sent Bishop Percy's "Ballads," at £5—I then received this letter. (From Phillips, stating that the Percy MSS. did not contain the "Loose and Humorous Songs" and asking for three other books to be sent.) I sent those three books, which came to £15 15s.—on May 9th I received this letter, asking what I would allow for a large paper copy of Percy's MSS., which cost originally £13 8s.—I also received this letter. (Dated May 9th, stating that Phillips had received Messrs. Leighton's invoice, and that he presumed he could have at least six months' credit, which he was entitled to; and that

he was sorry they could not allow him more than £8 for the Percy.) He never sent me the Percy; I got no part of the £15 15s.—I requested him to return the goods or the money, but got no answer—I got no books back—I saw them at the Police-court in the hands of the police.

Cross-examined. I think our Percy was sold to Bumpus for £4 10s., and the others for about £4—if the "Davenport Dunn" was sold to Messrs. Bumpus for £15 15s., that was a fair buying price, and that applies to the other books the prisoner sold of ours—there is a great deal of difference between buying and selling; and the prisoner agreed to pay my price—the invoice was sent to him on the 9th; he received it on the 11th, and he was locked up on the 13th.

By the COURT. I did not know that he was an undischarged bankrupt, or that, in his bankruptcy, debts were proved by booksellers amounting to £152, and that his assets were nil, or I should not have supplied books on credit to him—I refused to supply any more.

JESSE JAMES FLOOD . I am assistant to William Manning, trading as Carpenter and Wesley, opticians, 24, Regent-Street—on March 31st I received this letter. (From H. Stracey Phillips, requesting them to send an artists pocket diminishing glass.) We sent one valued about 9s.—on April 8th I got this letter. (From U. Stracey Phillips, ordering a pocket magnifier with three lenses, suitable for examining miniatures, etc., and a Claude Lorraine mirror, a silver pocket compass, not to exceed 25s. or 30s., and a Urinometer.) We sent those articles, which came to £4 17s. 6d., by hand, and with an invoice, on which was, "Terms, ready money"—that means we collect at an interval—we have not been paid for those goods—I did not know, when I parted with those goods, that the prisoner was an undischarged bankrupt; I had no knowledge of him—we thought we had had business with him, but we found we had not—if we had known his real position we should not have sent the goods without payment.

Cross-examined. Our customers take twelve months' credit—the first application that would have been made in the ordinary course for this-money would have been in June, at the end of the first quarter.

EDWARD JOHN AUVACHE . I am one of the firm of Bull and Auvache, of 35, Hart Street, Bloomsbury, booksellers—on April 9th I got this letter from H. L. Phillips, F.G.S., of 28, Brownswood Park, South Hornsey, asking us to send him certain books, and saying he would send a very fine R.C. music-book on vellum, if we bought such things—in answer, I sent the Johnson, Morrell, and Stafford, which came to £4 12s. 6d.—I received this letter. (Saying that he would keep the "Rambler," and that he would have kept the "Stafford Gallery," but the binding was so-damaged that he returned it; if they had a better copy, he would take that even at a higher price, or they might get the binding repaired; that if the binding was in fine condition, he would take Nichol's "Progresses," and Other books, if in good condition). I sent Nichol's "Queen Elizabeth Progress" for nine guineas—I received these letters. (Acknowledging the receipt of the Nichols, and ordering other books, and returning one.) On April 20th we sent Watt's "Bibliotheque Britannica" at £6 17s., after having it bound at £1 1s.—the total of the books we sent him came to £18 12s.—it is our practice to send invoices with, each lot of goods—we received this postcard on May 2nd. (Asking for one invoice for all the books, as the accounts they find sent appeared

lost or mislaid.) We did not receive any payment—we made application—this postcard, asking for an invoice, was the only answer we got—I knew nothing of the prisoner beyond these transactions—I had no knowledge that he was a bankrupt—if I had known it I should not have parted with the goods—several of the prisoner's letters had crests on the top, I don't know if all had—the writer of the letters appeared to understand books—I thought I was dealing with a collector.

Cross-examined. We made direct application for payment—we sent in the invoice shortly after the completion of the order—there was a former application, to which the postcard was a reply; I think my partner told me he had made an application.

ALFRED COOPER . I am a bookseller at 68, Charing Cross Road—on April 10th I received this letter. (In this Mr. H. Stacey Phillips requested a number of books to be sent, carefully packed, and carriage paid, to 267, Green Lanes, Highbury New Park.) I sent several of the volumes named, amounting to £3 12s., marking in pencil the prices against those I sent—I received this letter of April 20th (asking for other books)—I sent those, which came to £1 2s. 6d.—I sent an invoice to the amount of £4 14s. 6d.—about a fortnight afterwards I received this letter (asking for other books)—I did not send any of those, but I sent an invoice of them; I said I should be pleased to send them on receipt of payment—I wanted payment of the old account—none of the books were sent back to me—I saw them at the Police-court afterwards—I got no payment of my account—I applied for it once, but got no answer—I did not know the prisoner was an undischarged bankrupt; if I had, I should not have parted with my goods.

Cross-examined. I do not think that he has sold any of the books I supplied.

ROBERT HULL PHILLIPS . I am cashier to Henry Young, 12, South-castle Street, Liverpool—on April 8th I got a letter—I afterwards saw other letters in the same writing, and in consequence we sent a list of special books relating to Liverpool which was asked for, and also a general catalogue, to Mr. H. L. Phillips—I received this letter. (In this Mr. H. L. Phillips, F.G.S.; of 267, Green Lanes, thanked Messrs. Young and Co. for the two catalogues, and ordered three books, if nice copies with good bindings.) We sent one of those books, value 30s.; the other two had been sold previously—I received this letter of April 16th, ordering a number of books, including sixteen volumes of Bacon, carefully packed and carriage paid, if Messrs. Young would accept £18 for them—the price of them was £19 8s. 6d.; so that with the previous 30s., his total indebtedness would have been £20 18s. 6d.; but we only charged £18 for that lot of books, which we sent; that made the total indebtedness £19 10s.—we never got payment—we wrote on May 2nd, but got no answer—Mr. Young, a member of the firm, was in London on May 6th; in consequence of what he said on his return this letter—was written to the prisoner. (This stated that Messrs. Young had made inquiries, and understood Mr. Phillips had been in the habit of ordering books and not paying for them; that County Court judgments were registered against him, and they could prove he could not pay for the books when he had ordered them, and that if the books or their value were not sent by return of post, they should place the matter in the hands of the police.) This is the prisoner's answer

(Stating that he should hand their impudent and scandalous letter to his solicitor; that it was false to say that he was in the habit of ordering books and not paying for them, and that he was unable to pay for the books sent by them; that it was his intention to pay for them; that he had not disposed of them; that if he did not pay within a reasonable time they had their remedy, but ten days was not a reasonable time; that he had lived in his house for nearly twenty years, paying over £100 a year for rentand taxes; and that if they wrote him a letter of apology he might deal with them.) We were not aware when we wrote that he was an undischarged bank rupt—we wrote on May 8th, stating that we had put the matter into the hands of the police—we received this answer. (Stating that their threat of putting in force the criminal law to obtain payment of a small debt which was not yet due was actionable, and that they might be liable to serious-proceedings for endeavoring to compromise what they catted a criminal offence; that the principal purchase had been improperly described by them, and that he was entitled to return it.) We put the matter into the hands of the police, and upon our information and that of others, the defendant was arrested—I have looked through our books and papers, and I now remember having dealings with the prisoner in 1890 to the extent of 30s., I should think—we had very great difficulty about payment—we finally had to put the matter into our solicitor's hands, and we got the money, but not the expenses—the solicitors got the money before it went into Court—at that time we wrote this letter to the prisoner at 28, Brownswood Park, asking for our expenses of 6s. 8d.—we did not get the 6s. 8d.—we did not know that it was the same Mr. Phillips in April, 1896; to all intents and purposes, we were dealing with an entire stranger—the address in one case was 267, Green Lanes, and in the other 28, Brownswood Park.

Cross-examined. Our solicitors wrote to us that they had called on Mr. Phillips, who paid the money, and said he had not paid it because we had not applied personally—I am not aware that we continued to send our catalogues to him afterwards—he did not have dealings with us seven or eight years ago—he did not purchase a Dugdale for £30; this is not Our cypher—our invoice was sent on May 2nd, the same day as the goods, and the threat of police proceedings was on May 6th or 7th.

Re-examined. It was from what Mr. Young learnt in London that we wrote threatening proceedings.

HENRY DOUGLAS VINCENT . I am manager of the second-hand book department of Messrs. Bumpus and Co., Limited, 360, Oxford Street—in April 23rd I got this postcard from the prisoner. (This was written in the name of A. Scott, 267, Green Lanes, and asked what Messrs. Bumpus would give for six volumes, new, of Burton's "Arabian Nights") I wrote a reply, and then got this letter. (Asking £1 per volume for the "Arabian Nights" and which they would pay for four volumes, large paper copy, of the "Percy MSS." which cost £13 7s.) I wrote again, and received this letter. (Stating that he had sent off the "Arabian Nights," and should like their cheque for £4 10s., and asking whether they buy copies of Bacon's Works (sixteen volumes), "Progresses, etc., of James I. and Elizabeth," "Daven-port Dunn," first edition, and Lady Burton's "Nights") I received this letter of April 27th (Stating that he could not accept their offer of £12 for the works he offered), and this of April 27th. (Asking their buyer to

call and see the books.) On April 30th I went to the prisoner's house—I asked for Mr. Scott, and saw the prisoner, who showed me a number of books—there were a few books on the table, and others were brought in from a neighbouring room—I looked through them, and agreed to purchase "Davenport Dunn," and "Bacon's Works" at £8 together; "Percy MSS." at £4 10s.; "Herculaneum" at £3 10s.; the "Progresses of Queen Elizabeth and James I." at £7 10s.; Bradley's Dictionary at 15s.; "Tom Burke," and "One of Ours" at £5; "Luttrel of Arran" at £4 10s.; "Jar of Honey" at £1 5s.; and the "Scouring of the White House" at 15s.; in all £35 15s.—I saw the prisoner write out this list (Z) of the books—that was a fair buying price; we may not have a market for such books for years, and we have to allow for that—we got the books next day with this letter. (Asking for cheques for £35 15s. and £4 10s. separately). We sent him this cheque for £35 15s.; it is endorsed "A. Scott," and has been paid by our bank—I produced at the Police-court the books I bought, and several of the witnesses identified the books as those purchased from them—I had had dealings with the prisoner in the name of Scott—I did not know him in any other name, and believed that was his name—I directed my letters to him to Mr. Scott, and I had replies to them—we carry on business in Oxford Street and at Holborn Bars—as creditors in his bankruptcy last year we gave the address, Holborn Bars—when we purchased these books I did not know the prisoner was the Phillips to whom we had applied for money for books supplied—we did not know he was an undischarged bankrupt at the time we were buying these books from him.

Cross-examined. All the books I produced were identified, but not all the £35 worth—the "Progresses," Bacon's Works, "Tom Burke," One of Ours," "The Percy MSS., "Davenport Dunn," and the "Jar of Honey" were the only ones identified—I have no recollection of any previous dealing with the prisoner in the name of Scott—we had no other dealings with him beyond what were proved in the bankruptcy, as far as I know—he might have had dealings in the new book department in the name of Scott without my knowledge—if he had come or written in the name of Phillips, and we identified him as the undischarged bankrupt, I should not have purchased the books from him without inquiry—I saw no other books at his house—I went into the dining-room; I was not allowed to go into the library—he did not tell me some of the books I purchased, and which have not been identified, belonged to his wife, or that he was selling them on her behalf—I do not know whether he sold to our firm the Dickens and Thackeray Editions de luxe, under the name of Scott; I have no recollection of it—I remember to have purchased such books, but I cannot say from whom for the moment—I don't remember if he has sold altogether about £200 worth of books at different times in the name of Scott.

Re-examined. I had not, to my recollection, seen the prisoner before this occasion in April, when I went to see him—I do not know him as coming to the premises and dealing in second-hand books.

By MR. HUTTON. He did not show me £200 worth of books at his house—I could not say if he has dealt with us in the name of Scott for the last twelve or fifteen years—we buy as well as sell—we get many offers—we may have bought the Dickens and Thackeray from the prisoner; I do not remember—I could not tell unless I searched our books.

By MR. BODKIN. Booksellers usually put their private mark in books they buy—I should not assume if I saw the cypher of some well-known bookseller in a book, that it had been dishonestly come by.

CHARLES FOX . I am a clerk in the employ of Messrs. Thornhill and Co., silversmiths, of 144, New Bond Street—on April 28th I received this letter. (Mr. Phillips, F.G.S., of 267, Green Lanes, requested Messrs. Thornhill to send a tantalus spirit-stand and a pair of silver piano candle-sticks.) I made some inquiry, and then directed the goods to be packed and forwarded, and that was done—the value was about £11 7s. 6d.—I gave the porter special instructions—he afterwards came back with the goods, having followed our instructions—I did not know when I sent off the goods that the prisoner was an undischarged bankrupt; I found it out the next day—we should have had no objection to leave the goods if we had been paid the £11 7s. 6d., but we would not give credit.

Cross-examined. I do not believe that Mr. Thornhill is a friend of the prisoner—he is not acquainted with him, to my knowledge—I did not go with the porter to the prisoner's house.

FRANK HANSON . I am a partner in the firm of Trust love and Hanson, booksellers, of 143, Oxford Street—on January 19th, 1896, I received this letter from the prisoner ordering books—we sent them—we got another letter ordering other books—we got other letters from him) in consequence of which we parted with copies of "Pepy's Diary," the Strand said Windsor Magazines, "The Portfolio" (three volumes), "The Year's Art," and other books—our account came to £12 4s. 6d. altogether—we had the prisoner on our register at that time as a previous dealer with us—we had no knowledge that he was an undischarged bankrupt—we gave discount for cash—we are supposed to be paid immediately afterwards—our accounts would go in at the end of each month in the ordinary course—we sent the account to the prisoner—we got no payment, and no answer to our application—I went to the prisoner's house on two occasions, and did not see him—on April 30th I went again, and after waiting for half an hour at the house I saw the prisoner—I said I had called twice previously, and had called a third time, because I was determined to have an interview with him, as I had written for the account, and had had no reply, and I wanted to come to some arrangement as to payment for the books—the prisoner said if I had come for the money he certainly could not pay, because he had not got a mag in the world—I said it was very strange that he should have ordered books—"Will you pay for the books?"—he said he could not possibly pay anything, and I left on the understanding that be would look through his library, and return some of the books—before his arrest he called on us, and asked me who was making inquiries about him—I told him several people were, and that that morning I had had a letter from Phillips, of Liverpool, asking if I knew anything about him—the, prisoner asked me to write to Phillips, and say he had had dealings with me, and that they were satisfactory—I said, "I shall do nothing of the sort till you have paid my account"—he informed me on that occasion that he was an undischarged bankrupt, and that perhaps I did not know it before—I said I did not, or I should not have sent the books—when I called at his house he said that if I pressed him, my proper

course was to go to the County Court, and if I went there I should probably have to pay the costs, because he had not any money to pay me, but he would pay me if I would wait—he asked me if I was invited into the house or not; I said I was not invited into the house, but I was invited into the room by Mrs. Phillips—he then said I had rendered myself liable as a trespasser by coming into his house—I said he could go on with that if he liked—he said he had not ordered goods to the amount of £20; that if he kept under £20 he could order goods from thousands of persons, and was not liable (I suppose he meant criminally liable) under the 31st Clause of the Bankruptcy Act, I understood him to say; I think he quoted that—I never got payment.

Cross-examined. He did not read or repeat by heart the section of the Bankruptcy Act—he said he was not liable under that Act, for he kept tinder £20—I had not threatened to take legal proceedings against him—I said payment was very much overdue, and that I wanted it—I did not consider it a criminal act—I did not know then that it was an offence to get credit over £20—he did not say Messrs. Young had threatened him with criminal proceedings, or that he had gone for advice to know whether he had committed an offence—the gross value of the books we delivered to him was £12 4s. 6d., of which he returned books of the gross value of £2 10s. 6d.—when I first saw him he said that if I would give him time he would pay—he said he expected money which had not been paid—I can only trace one previous transaction with him, and that was some time before, for which we were paid or being paid—I was not a partner in the firm then—it was not a very large amount.

ALFRED WILLIAM ABLER , I am a bailiff employed by the Clerkenwell County Court—on May 10th, 1895, a default summons at the suit of Messrs. Pickering and Chatto, booksellers, of the Hayinarket, was handed me for service on H. L. Phillips, of 267, Green Lanes—I went there several times, but was never able to see the prisoner there, and so, personal service being necessary, I could not effect service, and I made a return to that effect—about April 11th a judgment summons issued at the Bloomsbury County Court, at the suit of Mr. Roach, bookseller, of Oxford Street, was put into my hands for service—I called several times at the house again, but was not able to see the prisoner—I used to wait about in the street, but could not find him—I returned it as unable to be Served on April 23rd—I had five or six other summonses to serve on the prisoner, issued from different County Courts, which did not need personal service, but can be left at the house with any person over sixteen.

Cross-examined. I never saw the prisoner when I went to his house; I have been half-a-dozen times—the first time was two years ago, I think, and the last two or three months ago—the first I had was from Ball; another was from Kent, of Holborn—the prisoner's address is now 267, Green Lanes; it was 28, Brownswood Park previously—it was altered before I became connected with the Court.

THOMAS HENRY GURRIN . I have had a long experience in examining handwritings—(MR. HUTTON stated that he did not dispute the writing of the letters)—I have had before me the paper Z, a list of books, and I have taken it as the proved writing of the prisoner—I have examined the exhibits in the cases of Mr. Reeves, Mr. Jackson, Messrs. Carpenter and "Wesley, Mr. Leighton, Messrs. Bull and Auvache, Messrs. Young and

Son, Mr. Vincent, of Messrs. Bumpus, including the endorsement to the cheque, and Mr. Cooper—comparing those documents with the proved handwriting on Z, in my opinion, they are all in the same writing.

ALFRED WARD (Sergeant N). I received a warrant for the prisoner's arrest about May 13th—on that day I saw him coming out of Clissold Park—I told him I was a police officer, and held a warrant for his arrest—he said, "What for?"—I told him for conspiracy with another person to obtain goods from Messrs. Reeves and Co., of 13, Cheapside, and a number of books from other persons mentioned therein—he said, "It is absurd"—I told him I should have to take him to the station—when going towards the station he said, "Who are the other persons?"—I told him some of the persons mentioned in the warrant—he said again, "It is absurd; I have a private income of £1,000 a year, and have some £3,000 or £4,000 worth of property in my house that I could sell and pay for at this moment"—when charged, he said, "It is absurd and false"—I found in his pocket this copy of Section 31 of the Bankruptcy Act, 1883—I afterwards went to the house—I found there this diary of addresses; at the beginning of it is, "Please forward to Mr. Scott, Green Lanes, when 2s. 6d. will be immediately remitted"—I found this sheet of note-paper with the reports of some law cases on it, and other letters and papers,—there were books arranged on shelves as if in a library, and all over the house, from top to bottom; it was full of books; there were thousands, I might say; some in cases, some on shelves, some on the floor, some reaching from floor to ceiling—I made a search for some of the books of which I had the names, parted with by the prosecutors—I produced them at the Police-court, and have got them now—on May 25th, after the arrest, I called at the prisoner's house to see Henry Stracy Phillips, and Mrs. Phillips brought into the room a Claude Lorraine glass and pocket diminisher, and said, in the prisoner's presence, "These were the things you were asking me about the other night"—I said, "Yes"—the prisoner said, "They are the things you got, Stracys"—I brought them away.

The Prisoner, in his statement before the Magistrate, said that he had been a large purchaser of books for some years, and had made considerable profits out of them; that his wife was entitled to considerable property, and expected a considerable sum on January 1st, making, with his income, about £1,000 a year; that she had promised to lay out £100 upon their son, arid that he, having advised their son to lay out some of the money upon books, had written, in his son's name, to booksellers, and selected books for him; that no misrepresentation* were made; that everything so purchased was kept intact; that the credit period, usually allowed had not expired; that he did not conspire with his son; that he had carried on business in the name of Scott; that the purchases he had made in his own name he had made on account of his wife's trustees, to be paid from the trust estate, and the booksellers would have been paid in due course, but had only recently delivered the goods; that he had only sold five books, and that because he found he could replace them for less than he sold them for.

Witnesses for the Defence.

FREDERICK PHILLIPS . I live at 28, Brownswood Park—I have no occupation—I am the prisoner's brother; he carried on business for many

years, in Moorgate Street, as a merchant, in the name of Scott and Co., and latterly as Phillip, Scott and Co; he relinquished it within the last two years, I should think—he uses our family crest—this is his wife's marriage settlement; I am a trustee under it—she is entitled to the interest on £12,500 at five and a-half per cent, on the mortgage of a mine in Cornwall—that interest would be due in January last, but was deferred because arrangements are pending to pay off the mortgage, and pay, I think, £3,000 for certain shares that were allotted to us, the trustees—interest should be paid up to the time of the new arrangement; I cannot explain that—she is also entitled to the interest in some leasehold property in Whitehall Place at the death of an aunt of 95; that was also due—there are an enormous number of books in the prisoner's house; the major part of them belonged to the wife—with her consent, they can sell whatever they please in the house—the house is filled with books, which represent a very large sum of money—the income derivable from the invested capital is £657 a year—of quite recent years there has been no income; the property largely consists of mineral rights in Cornwall—it never amounted to more than £657 a year—that did not leave a margin for the purchase of all kinds of valuable works; but the major part of these works were in my brother's possession at the time of the marriage in 1876, and were settled on her—he is a Fellow of the Geological Society—I know he was a bankrupt last year, and I have heard that among other debts he owed £152 1s. 2d. to booksellers, which has not been paid—he has always borne the character of an honest, respectable, straightforward man—the interest on the trust property has been in abeyance during recent years—I could not tell how long without reference to the trust papers, which I have not got with me—I cannot say if we have had any interest since 1887, the Jubilee year; it has been a very small sum, if anything—I have been a trustee from the time of the settlement—I did not take an active part in it until recently; my cousin did, but he is now paralysed.

W. G. BEETLESTONE (Re-examined). The first bankruptcy is on, August 2nd, 1876; the adjudication on August 16th, 1876; and the discharge in July, 1878—the file states, "Property as per list G, £438, consisting of cash at bankers, etc.;" it says nothing about books—there are no assets except list G—the £438 realised £245 10s. 5d.—the total debts are £11,131 14s. 3d., due to several creditors.

FREDERICK PHILLIPS (Cross-examined). Mrs. Phillips has a separate settlement for her own use—I am a trustee under that—the property in this settlement was settled on them both for their joint lives, and for the survivor and children ultimately—I do not remember if the prisoner had any other property than that scheduled in the settlement—they were married shortly after the settlement in 1876—I don't remember if he was bankrupt in the autumn of that year—I was frequently abroad—my co-trustee is not here—money from this property has passed through my hands many years ago—I should say some had since the bankruptcy in 1876—some of the mineral properties had been sold—I did not know the accounts relating to the trust would be required here—I have been living at my brother's house since these proceedings have been taken—up to within the last two years, I think, my brother was carrying on business at 57, Moorgate Street, as a merchant, I should say, dealing in

books and other articles—he had his name up—I don't know what else he dealt in—I should say he was connected with some very genuine companies—I should infer he had an income of his own, because he paid the rent of £250 a year for his office, and £100 a year for his house—he was for many years at his offices—I cannot say why they were given up—he was handling large sums of money—I don't know what his business has been for the last two years; I have not asked him—he says he intended to pay the booksellers—I did not ask why he did not pay his just debts—it would have been the right thing to do to pay off the book-sellers—I should not have ordered the books if I could not pay for them—under he trust he has power to buy and sell—I don't think he was buying books for his own purposes irrespective of the settlement—he settled, for a large number of books bought previously—I believe he bought books to sell for himself—I have not been through the books in the schedule, but I believe they are still in the library; books purchased since the settlement come under its provisions in the way of replacing—books bought and sold on his account would only come under the settlement in the way of replacing others—perhaps his income was £1,000 a year; I should say he was spending that, judging from his household and his manner of living.

Re-examined. There has been no income from the property settled on his wife for the last two or three years; so that the £1,000 a year has come from his trading, or some source known to the prisoner—this is one of the memorandum forms he used-in his business.

W. G. BEETLESTONE (Re-examined). In the first bankruptcy only two persons claimed against the prisoner for goods; none for books—this is the resolution discharging him (produced).

ALEXANDER WILLIAM KBREY . I am a solicitor, of 14, Great Winchester Street—I have known the prisoner for more than twenty years—my father transacted his legal business, and when I went into my father's office in 1875 I got to know the prisoner—this settlement was made in our office—since that time, until almost quite recently, he has carried on business, almost continuously, I think—I only knew him personally—I knew he did some business in the name of Scott, which was on the door—I have always regarded him as a respectable and honest man—at the time of the first bankruptcy, in 1876, he was in a very large way of business in connection with some Cornish mining and arsenic works—Cornish mining was then a much more important industry than it is now—he was the vendor to a silver mine company, and a question was raised whether he was liable for some portion of the purchase-money which he had received, and he was held to be liable—that contest was in the Law Courts at the time of his marriage; it went to the Court of Appeal, and they held he was liable for £3,000 odd—in other cases that decision has since been held to be bad, and, had his case gone to the House of Lords, he would probably never have been bankrupt—I recognise in the list of creditors very few I do not know as personal friends outside this debt—my father is down for £1,000, and he was vary friendly with the prisoner then—when this resolution for his discharge was passed by the creditors, it was known that this settlement had been made—its validity was questioned—we fought it out afterwards—in those days, if the majority of the creditors were of opinion that the bankruptcy was not his fault, they would be able to out-vote

the company—I presume he was made bankrupt on the judgment against him—it was before I entered my father's office—it is only brought to my knowledge by what has occurred to-day—we have continued to act for the prisoner up to now—he purchased the Cornish property, and had most exaggerated notions of its value, and held on when he might have sold, and for years past every penny he could scrape up has been put into the property to prevent its being forfeited—I have asked him since the last bankruptcy, and since he gave up his office, how he got on, and he has told me he often made a little money by buying and selling books—I believe he sold a cycle patent—I have known him to go into half-a-dozen companies or so in the last few years; I have acted for him in one or two—they had not a very long life. The creditors knew of the settlement being made pending the action, and were satisfied—the prisoner has given a large amount of time during two years to a cycle invention; he was a very ingenious person—he made several hundred pounds out of the tandem bicycle, and put the money into further experiments—I knew he possessed a very fine collection of books—I did not appear for him in his bankruptcy proceedings last year—I heard the books in the house were sold by the Receiver, because the prisoner asked me to go and purchase some of them—I defended one or two actions for disputed amounts, and the prisoner paid the debts.

HENRY MARSHALLM . I live at Loughton, and am a book-keeper—for ten years, from 1883 to 1893, I was in the prisoner's employ—he was trading as a bookseller and buyer, and he also carried on two other businesses—I left him before he gave up business—during the time I knew him he bore the character, among those who knew him, of an honest and respectable man.

Cross-examined. My salary was 25s. a week—from time to time he employed other people as they were required—his other two businesses were small glassworks and tinplate works—I left him to better myself—I do not know who took my place.

SAMUEL TOMKINS . I live at 50, Pelham Road, West Kensington—my business address is 18, Eldon Street, Finsbury Square—I am a vice-chairman of the British Sheba Consolidated Mining Company; it is a tin and arsenic mine in Cornwall, in which the prisoner's wife's trustees are interested to the extent of twelve and a-half percent.—I do not think any interest has been paid, because the property was taken over subject to a mortgage with interest running at a prior date—I believe interest is due now—the mine had not been worked for some time, and the company took it over, with the intention of putting in capital, and working it—the property was bought for a consideration in shares, subject to a mortgage, which was to date from a year ago, roughly—no interest has been paid—the prisoner was chairman of the company at £350 a year; that has not been paid—I have known him, I think, from last October.

Cross-examined. I have no shares in it at present, but I shall take my qualification—I believe there have been official quotations about it on the Stock Exchange, but very small; it was a private arrangement between some of the people who promoted the company and some of their friends—the Adventurers' Exploration, Limited, were the promoters of the company; the prisoner had nothing to do with that, nor had I—the

Adventurers' Exploration, Limited, was a promoting company who formed the British Sheba Company, and went to the trustees; it has not gone very far at present, but we have had applications for shares, and have held over the allotment—the directors will not take their qualification till the thing goes through—we have got the property—the contract to buy it is between the Adventurers Exploration, Limited, and the original trustees of the prisoner's wife's marriage settlement, I suppose—the mine is near Tavistock, on the Tamar—there is machinery there on which a very large sum of money has been spent—the tin got out has been sold for the last year or two; the mine was worked before the company took it over—our company has not worked any tin out of the mine; we have great prospect of doing so—there is a clause in the articles of association to the effect that a bankrupt may not be a director—I put that difficulty to the prisoner, and he said the article was drawn to apply to a member of the Board who became bankrupt, and that it was only future in its operation, and not retrospective; so that an undischarged bankrupt could be a director, but if a director became bankrupt, he would cease to be a director—I did not like it, but I took the solicitor's opinion who was advising us—it was against the spirit of the articles of association, and against the interest of the shareholders, that the chairman should be an undischarged bank-rupt, and yet I accepted the position of vice-chairman—there was one other director.

Re-examined. I had the opinion of the solicitor before I accepted the explanation—I have heard of occasions when a director has become bank-rupt, and has been re-elected on the Board; it has not come within my knowledge—there was an intention to sell this company to a wealthy group of capitalists; that is pending—I consider the property is good, and that it would pay anybody to put a small working capital into it, and work the mine for their own benefit—I look on it as a thoroughly good thing, and I would put my name on a prospectus inviting the public to put money into it, although the chairman was an undischarged bankrupt; his professional knowledge was valuable—there would be no difficulty in changing the chairman.

Two other witnesses deposed to the prisoner's good character.


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