14th November 1904
Reference Numbert19041114-14
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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14. EDWARD FRANCIS RUTTER (42) and ARTHUR BOWER otherwise JACKSON (42) , conspiring with other persons to obtain from William Blanford and others £50 and other sums.

MR. BURNIE and MR. PARTRIDGE Prosecuted MR. WARBURTOX appeared for Rulter and MR. SLATER for Bower.

GEORGE INGLIS BOYLE . I am a messenger at the Bankruptcy Court—I produce the file in the bankruptcy of Edgar Francis Rutter—the petition was filed by himself on August 30th, 1900—the receiving order and adjudication was on the same day—he has never been discharged—the liabilities were £1,896 2s. 6d. assets nil—he is described as a financial agent—there was no dividend paid—I produce two files referring to Bower—the first is is 1896)—there was an order of discharge subject to conditions—he was again adjudicated bankrupt on March 12th, 1900, on a creditor's petition—the liabilities as set out are £7,766 0s. 5d. assets £8,000 estimated surplus £233 19s. 7d.—he has never applied for discharge—there has been no dividend paid.

THOMAS LAIDLOW . I am Examiner to the Official Receiver in Bankruptcy—Bower at his examination stated that since his previous failure he had been without regular occupation and chiefly dependent on his wife who had a separate estate—estimated assets are put in from information supplied by the debtor—they often turn out to be very contrary to the fact—he never applied for his discharge, and no dividend has been paid—only £12 17s. 4d. was realised—the assets chiefly consisted of equities which were not sufficient to satisfy the mortgages on the property.

THOMAS BROUGHTON KNIGHT . I am an Examiner to the Official receiver in Bankruptcy—I have the file here referring to the prisoner Rutter—he has not applied for his discharge—I did not examine him.

MARIA LOUISA FREDERICKS . In May and June I was living at St. James's Court, S.W.—on May 28th I received this letter, "Dear Madam, Pardon my addressing you, but I notice a County Court judgment registered against your name. I am aware that the publicity given to these matters frequently causes much unpleasantness and great

inconvenience. I am not a money lender, but can doubtless be of service to you, as I have been in many cases, so. I might ask you if at any time you require money at 5 per cent, a year, to write me fully in confidence, or to send me a letter or telegram making an appointment, when I shall be happy to call upon you. E. Francis Rutter"—there was a judgment against me—I answered his letter and he called upon me about a week after—I told him I wanted some money for a syndicate that was started—he took the prospectus and said he would see what he could do—I next received this letter, on June 6th: "Dear Madam, I greatly regret I was under a misapprehension with regard to your business, and if I had not been away should have written to say so. If the business is still open, I shall be glad to hear from you. Yours faithfully, E Francis Rutter"—he called on me, and I told him about the money that a Captain Blanford wanted—I did not want any for myself then—I told him that Captain Blanford had £500 a year, that he was stationed at Woolwich, and was a tenant of mine—he said he had a friend who was not a money lender, but who would lend the money—an appointment was made for June 29th, and he called about 6.45 p.m. with his friend, who I believe was. Bower, but I am not quite sure—Captain Blanford was present—Rutter introduced his friend as "Mr. Jackson"—Bower asked me to leave the room,. as he thought the business was better arranged between men, without ladies being present—I did so, but came back in a few minutes—I heard Rutter say his friend would lend the Captain £400 on a bill for £500, and Captain Blanford was to increase his life policy at the Life Association of Scotland Office—Butter asked Captain Blanford to meet him at 10 or 10.30, I am not "sure which, at the office in King William Street nest-morning, but the meeting was ultimately fixed for 3—the prisoners left us, but Rutter came back and said "to Captain Blanford "Will you come out, I want to speak to you alone"—he went out.

Cross-examined by MR. WARBURTON. I was in need of money at the time," but not from a money lender—I have occasionally been summoned in County Courts—I have never had a judgment registered against me before the one mentioned—I formed a syndicate in connection with a reversionary interest which I had bought, which was registered at Somerset House—it is not correct that I wanted to get money through the prisoners, and that the only reason Captain Blanford was brought in was as surety—I have some bills out, there were not a good many drinks going, the evening the prisoners came.

Cross-examined by MR. SLATER. Bower had, I think, two personal interviews with me. before June 29th—he said that he had a friend Who would lend money—he did not mention his name—I did not hear Bower say to Captain Blanford that he could not carry the business through, and' Rutter did not then say that he must do it himself—I think Rutter spoke about' the increase of the policy—I believe Rutter suggested the bill for £500.

Re-examined. Rutter came back and took Captain Blanford out—Rutter suggested my name should be added as additional security.

WILLIAM GEORGE BLANFORD . I am a Captain in the Royal Artillery stationed at Woolwich—in June I was desirous of raising a loan in conjunction with Mrs. Fredericks—on hearing from her, I called on her on June 29th—the prisoners came shortly afterwards—they were strangers to me—Mrs. Fredericks introduced the subject of the loan—she knew Rutter—his name was mentioned to me—he introduced Bower to me as "Mr. Jackson "and as being able to lend money—Bower said he objected to lend money to a lady and I was asked would I take it in my name—I may have said & 007c this myself, I cannot say—Bower asked me what security I had—I told them what my income was and that I had a life policy for £300 in the Life Association of Scotland—Bower asked me about my bank and I said Messrs. Cos & Co., Charing Cross—he said he also had a small banking account there—I told him I thought I had between £35 and £40 there and that there was a promissory note of £100 outstanding, which I owed Messrs. Cox—Bower said he was willing to lend £500 provided I increased my life policy to £600 and we were to meet the following day at the Life Association of Scotland Office—he also asked me if I belonged to the Service Clubs—I told him I did to the United Service—Mrs. Fredericks said she wanted £30 urgently—Bower said he was unable to advance the money that night—they left shortly after—Rutter came back ten minutes after and said Mr. Jackson wishes to speak to you outside I think he can arrange to let you have the money this evening, the £30"—I went down into the street—on the way down Rutter said, "If you can let Jackson have a cheque for £50 he can arrange that you can draw another cheque for £30 on your bank for Mrs. Fredericks, the money to be paid in the first thing next morning," meaning the money to meet these cheques of £30 and £50—Isaw Jackson outside, and we talked the matter over again—I said to both prisoners that I could not give them a cheque for £50, as I had not got the amount in the bank—Jackson said, "Oh, it does not matter, I shall not present the cheque till the amount is paid in to your credit to meet it"—he asked me how much I wanted paid in—I think I said £115—that was to be part of the £500 loan—we then went to a public house near by for the purpose of drawing the cheque for £50—Bower obtained a sheet of note paper and I wrote out this cheque in favour of Rutter—while writing it I asked Jackson what his initials were—Rutter interposed and said, "Oh, make out the cheque in my name, as I am carrying through this business for you"—upon that I wrote, out the cheque and gave it to Rutter—we then parted—I gave no one authority to go to my club and get the cheque cashed—it was presented, I understand, the same evening at my club, and next day was paid into my bank—I went the next day at 3 o'clock to the Insurance Company's office and waited for an hour—the prisoners did not come—I then wrote to my bank telling them what had happened as to the £50 and the £30—I had drawn a cheque for £30 and handed it to Mrs. Fredericks—I tried to stop both cheques—I wrote to Rutter, but received no answer—I was induced to part with the cheque thinking that Rutter was known to Mrs. Frederick and that "Jackson" was able

to lend the £500—I also believed what he said about his account at Cox's Bank.

Cross-examined by MR. WARBURTON. I was not in a very good financial position, but I had never been connected with money dealings of this kind before—the money was to be for Mrs. Fredericks, but I wanted a small amount of it—it was not arranged how much I was to have out it—it would probably have been simpler if I had said to the prisoner, "Instead of your paying £500 into the bank and my paying you £50, you pay £450 in, keeping the £50 yourself," but Bower objected to lending the money till the policy was increased—on the night in question I had a few drinks.

Cross-examined by MR. SLATER. Bower was slightly deaf, and I think more than one of my questions had to be repeated, but I do not think there was the slightest misunderstanding—it is not the fact that Bower said he would have nothing to do with raising the loan—Jackson sug-gested the increase of the life policy I will swear it was not Butter—I would not be certain who suggested the bill for £500 it may have been Rutter—I said there would be great difficulty in my meeting it at maturity, but I did not say I could not do so—Bower did not on that say he could have nothing to do with the affair—I thought Bower was going to advance the money—I made the cheque out to Rutter because he at the time said he was carrying through the matter.

Re-examined. Bower said more than once that he had an account at Cox's—Jackson suggested going to the public house, because he wanted a drink, I think—he knew I was giving Rutter the cheque—I think he ordered the paper and stamp for it from the bar.

GEORGE GARDNER . I am chief waiter at the Senior United Service Club, Pall Mall—Captain Blanford is a member—I was there on June. 29th when Rutter brought me a cheque about 10.15 p.m.—he said, "I have paid a bill for Captain Blanford, could you let me have some money on this cheque"—I said I could not cash it, but could let him have £10 and the balance the following day—I knew the Captain's signature—it is the rule of the Club not to give more than £10 at once—I gave him £10 and took the cheque—I then believed he had come from Captain Blanford, and that he had paid a bill for him—the cheque was passed through the Club's bank next morning—it was honored in the ordinary course—in the afternoon of the following day a messenger boy came from Rutter for the balance of the cheque—I said I could not give it to the boy, as I wanted to see the man personally—Rutter came just after, and he received the £40.

ARTHUR JAMES DAMPIER . I am clerk to Messrs. Cox & Co., Bankers, Charing Cross—I do not know the prisoners—we have no customer named Arthur de Courcy Bower, nor has he, to my knowledge, ever had an account at the bank—Captain Blanford has an account—no sum of £115 or anything like it was paid into his account on June 30th, nor any money paid in by Bower.

FREDERICK JOHN FALL . I live at 234, Old Ford, Road, E., and traded as the Royal Standard Wine Company at 14b, GreatMarl

borough Street, in December, 1902—on December 17th, 1902, Rutter came about some goods—I knew him as George Mowbray—he said he would bring a friend of his who would be a good customer and who had plenty of money and a motor car—he brought his friend on December 19th—that was Bower—he introduced him as Captain Bower who thereupon ordered four cases of whisky.

Cross-examined by MR. SLATER. I did not make enquiries to find out that he had a motor car—he tried to make arrangements with me to store it for him.

Re-examined. I never saw the motor car—I was never paid for the whisky.

THOMAS TAPPENDEN (Sergeant A.) At 9.30 a.m., on August 16th. I was in High Street, Kensington, with Detective Berritt—I saw Rutter opposite the Palace Hotel—I said to him, "You know me, Mr. Rutter"—he said, "Yes, Mr. Tappenden"—I said, "I hold' a warrant for your arrest for obtaining a cheque valued £50 from Captain Blanford, and further with obtaining £50 from the United Service Club"—he said, '"Oh, yes"—I took him to Rochester Row Police Station, where he was charged—he made no reply—Bower was arrested by Berritt on December 19th—after Bower's arrest, I searched his house, 25, The Avenue, Bedford Park, and took possession of some postcards, telegrams and letters from Rutter (Produced)—I also found a large number of letters and unpaid bills in the names of "Captain Bower," "Captain Bruce," and "Arthur Bower"—I searched him, and found a letter addressed "A Jackson, Esq., Chiswick."

JAMES BERRITT (Detective Sergeant A.) I was present when Rutter was arrested on August 16th—I took possession of a letter book at his place, 42, Stratford Road, Earl's Court—the letters in it are in the name of "E. F. Rutter" and "G. Mowbray," and on page 1 I find a copy of a letter to Bower of February 21st it is signed "E. F. R."—it starts "Dear Bower"—I also found a letter from Captain Blanford (Staling that the writer waited an hour at the Life Assurance of Scotland Office, and that should the loan not be negotiated he would be glad to have the cheque for £50 returned)—I found also a number of County Court Judgments against Rutter, a number of unpaid bills in the names of "E. A. Mowbray" and "G. Rutter, Esq.," 72 pawn tickets, one for eight bottles of whisky, also a diary for 1904, which shows several appointments with Bower—the first entry is February 8th, and it says, "Met Bower in the morning, called on Joe, who had been out all day and never returned"—on August 19th, about 11.30 p.m., I was with two officers at Turnham Green, and saw Bower—I went up to him and said, "Mr. Jackson, otherwise Captain Bower, I believe?"—Le said. "Not me, there is the Captain, there." pointing to another man—I said, "I am a police officer, and hold a warrant for the arrest of a man named Jackson, wanted for being concerned with another man named Edgar Francis Rutter in obtaining a cheque for £50 from a Captain Blanford"—I said he answered the description, and I should take him into

custody—he said, "All right"—I said. "Do you want me to read the warrant to you now I"—he said "No. I'll hear it at the station"—I then took him to Chiswick Police Station, where I read the warrant to him—he replied, "I know nothing about it, Cocky"'—he was detained while the other officers went to his house—when they returned he was taken to Rochester Row station—the warrant was explained to him—he said, "I know nothing about it, I absolutely deny it"—the Inspector then said to him, "Do you know the man named Rutter?"—he said, "I have heard of the man, but I do not know him"—he was placed among nine others and indentified by two witnesses—he was then charged and made no reply.

Cross-examined by MR. SLATER. On the night of his arrest he had been drinking but he was not drunk—he understood what was said to him—he might have fallen asleep at the start for a few minutes.

Re-examined. He did not say anything to convict himself in any way.

Rutter, in his defence on oath, said he found out people who had judgments against them and then tried to negotiate loans for them, getting a commission for himself that he ascertained that Mrs. Fredericks was in want at a loan and called on her to negotiate one, and ashed her if she could (let security that she then mentioned Captain Blanford that he took his name and placed it before a Mr. Themas, of Adelaide Street, Strand, a moneylender that he went with Bower to interview Captain Blanford who wanted a loan quickly that they left him and discussed the matter when Bower told him to fetch the Captain down and have a talk with him; that they went to a public house that Captain Blanford there drew the Cheque for £50 which he (Rutter) understood was for his trouble in the matter, as he had introduced the borrower to the person who was arranging the matter that he went to Captain Blanford's club to get something on the cheque that night that he did not say there that he had paid a bil for him but was. arranging a bill for him that they gave him £10, and he received the rest the next day that he received a letter'from Captain Blanford a few days afterwards, but he had unfortunately spent the money that he did not answer his letter, as he thought he could get the money and give it back to Captain Blanford.

Bower, in his defence on oath, stated that he had for a number of years been connected with financial transactions that he had at various times raised loans for various people that he had known Rutter for three or four years, but had not seen him very frequently that he met Captain Blanford, who wished to back Mrs. Frederick's bill that he said he would arrange the matter for him, as he (Captain Blanford) was in a good position, and the loan would be covered by insurance that they went to the public house to discuss the matter further that the Captain there said he would require the bill to be renewet that he (Bower) then decided to have nothing to do with the matter that Rutter said he would carry the matter through that the Captain drew the cheque for £50, but that he (Bower) never had a farthing Of the money.'

GUILTY . Six months' hard labour each.

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