12th September 1892
Reference Numbert18920912-847
VerdictGuilty > unknown; Guilty > lesser offence
SentenceImprisonment > penal servitude; Imprisonment > penal servitude; Imprisonment > hard labour; Imprisonment > hard labour; Imprisonment > hard labour; Imprisonment > hard labour

Related Material

ActionsCite this text | Print-friendly version | Report an error
Navigation< Previous text (trial account) | Next text (trial account) >

847. WILLIAM JAMES MORGAN (35), JAMES SIDNEY TOMKINS (47), WILLIAM TOLMIE , CHARLES MONTAGUE CLARKE (42), Sir BART GILBERT EDWARD CAMPBELL (42), and WILLIAM NATHAN STEADMAN (31) were indicted for unlawfully conspiring by false pretences to defraud certain persons of their moneys. Other Counts, for obtaining and attempting to obtain money by false pretences.

MESSRS. CHARLES MATHEWS, C.F. GILL and GUY STEPHENSON Prosecuted; MR. LEVER appeared for Tolmie, MR. BONNER for Campbell, and MR. PAUL TAYLOR for Clarke. Morgan and Tomkins defended themselves.

Before plea, MR. BONNER applied to quash the indictment, or that the prosecution be called upon to elect upon which counts they would proceed, on the ground that the multitude of charges included in the indictment tended to embarrass the prisoners in their defence. The COMMON SERJEANT refused the application.

SAMUEL HAYSMAN . I am a clerk in the office of the Registrar of Joint Stock Companies at Somerset House—I produce the file of proceedings in connection with a company called the Charing Cross Publishing Company, which was registered on 18th July, 1873—to the memorandum of association, among the signatories, is "William James Morgan," described as an editor, of 27, Morton Place; also the name of Joseph Sidney Tomkins, of 5, Friar Street, Broadway—that is given as the registered address of the company, and is afterwards altered to 4, Broad Street Buildings—I find on the file a notice of 2nd February, 1880, filed on the 5th, of a resolution to voluntarily wind up the company on account of its liabilities—it is a notice from Tomkins as the chairman—the Somerset House authorities afterwards sent a notice to the registered address, calling attention to the requirements of the Companies' Act of 1890; that was returned through the Dead Letter Office—I also produce a file of documents in the City of London Publishing Company, Limited; that was registered on 30th March, 1881—among the signatories to the memorandum of association I find W. J. Morgan, publisher, 5, Friar Street; and J. S. Tomkins, 5, Friar Street—that is the registered address of the company; that address is afterwards changed to 46, Leadenhall Street—the last documents with reference to that company are three letters of April, June, and August, 1891, which were sent to that address, and were returned through the Dead Letter Office—there was a memorandum of agreement filed—Morgan and Tomkins are described as proprietors of certain publishing companies—they appear to be vendors of the City of London Publishing Company—on the file is a resolution to wind up; it was passed on 31st December, 1884, and filed on 14th January, 1885—in consequence of the letters being returned through the Dead Letter Office, the company was struck off the register, under the Companies' Act of 1880, on 17th November, 1891—I produce the file of proceedings of a company called "The Beraners Gallery, Limited," registered on 17th August, 1891—among the signatories to the memorandum of association are "Wm. Jas. Morgan, of 64, Berners Street, art dealer," and "J. S. Tomkins, of 5, Friar Street, publisher"—in the memorandum

of agreement Morgan is described as the proprietor and vendor of "The National Artistic Union"—64, Bernard Street is the registered address of the Berners Street Gallery, afterwards removed to the Bloomsbury Mansions—the consideration is set out as £1,200, consisting of 100 fully paid-up shares of £5 each in the capital of the company and £700 in cash—a letter of inquiry was sent from Somerset House with regard to the company in February, 1888, and returned through the Dead Letter Office, and all traces of it being lost, the dissolution was adjudged; another letter was sent in April; and another in June, and the dissolution was gazetted on 14th September, 1888—I also produce the file of proceedings of a company called "The Authors' Alliance Limited," registered on 23rd November, 1887—among the signatories of association I find David Tolmie, journalist, of 20, Eresbys Road, West Hampstead; and Joseph Sidney Tomkins, of 5, Friar Street, described, as a secretary; the signatures are attested by W. J. Morgan, of 5, Friar Street, Broadway, S. E.—there is a list of shareholders, among whom David Tolmie appears to hold 21 shares, and Joseph Sidney Tomkins, 21; Charles M. Clarke, of 27, Amherst Road, literary agent, 20; Gilbert Campbell, of 8, Barnard's Inn, gentleman, 20; William Jas. Morgan, of 29, Chancery Lane, manager, 1,500 shares—there is on the file an agreement in which Morgan is described as the sole proprietor of the City of London Publishing Company, and David Tolmie as trustee of the Authors' Alliance, in consideration of 1,500 fully paid-up shares and £500 in cash—the address of the company is registered on 19th April, 1888, 59 and 60, Chancery Lane; the number of shareholders on this list is 17—no further returns reached our office, and in November, 1891, we sent the usual letter of inquiry, which was returned in the same way, and the company was dissolved on 16th August, 1892.

Cross-examined by Morgan. In the Artists' Alliance, beyond the shares held by the signatories and Mr. Osmaston, there are seven of £1 each held by the outside public; altogether 133 shares were held by others—you are not included as one of the signatories; you are the attesting witness—it is a small concern; 2,000 shares are reserved to you as vendor, 1,500 in fully paid-up shares and £500 in cash—the object of the City of London Publishing Company is stated to make gain and profit by acquiring the business of the City of London Printing Company, the Charing Cross Publishing Company, and the London and Provincial Literary Association—fifty £1 shares are said to be held by Major-General Bates; I do not know that he was one of the directors—100 shares stand in the name of Douglas Onslow, gentleman, and General Scovell 500 shares, yourself 501 shares, and Tomkins 501—altogether there are 1,724 shares—by this return it appears that £1 was called up, and they were fully-paid—the returns of the City of London Publishing Company were made regularly from 1881 to the winding-up—the shareholders in the Charing Cross Publishing Company appear to be 237, holding 2,379 shares; you are down for 70 shares—all the returns down to 1879 are here—it appears that the removal was to the office of the liquidator, Robert Edwards, of 4, Broad Street Buildings, and it may have been the same with the City of London Publishing Company.

Cross-examined by Tomkins. The notice which was returned through the Dead Letter Office was after the date of the winding-up of the company in both cases—in the ordinary course the executive duties of the

directors and officers would have ceased—it would then have become the duty of the liquidator to make returns—the notices were sent to the liquidator. 46, Leadenhall Street; that is the address of the City of London Union—there is a notice that the liquidator attempted to hold a meeting in the case of the City of London Publishing Company, but there was not a quorum—the notice is dated 14th March, 1891.

Cross-examined by MR. TAYLOR. I think Mr. Clarke had nothing to do with the Charing Cross Company; I do not remember his name in connection with it, nor with the City of London Publishing Company—he was not a signatory to the Authors' Alliance—he held twenty shares.

Cross-examined by MR. BONNER. Sir Gilbert Campbell holds twenty shares in the Authors' Alliance—there is nothing to show when they were paid, or when allotted to him.

JAMES SWINDLE . I live at 17, Lyndel Road, Stockport Road, Manchester—I am a warehouseman in employment—I got a taste for literature, and have written a play and some poems and ballads—in Jane, 1885, I received this communication from the City of London Publishing Company, successors to the Charing Cross Publishing Company—I answered it, and received this letter of 4th August, signed "J. Sidney Tomkins, Secretary"—accordingly I sent to me MS., including the play, and I received this acknowledgment, dated 10th September, signed "J. W. Tomkins." (Stating that a favourable report had been received from their reader, and requesting a payment of £40 as his share of the cost and risk of publishing, etc.) some friends in Manchester assisted me by subscribing £40 to enable me to publish my works, and on 9th September I remitted £20, for which I got a receipt signed by Tomkins—on 10th September I sent 10s., on 30th September £10, on the 12th November £5, and on 16th February £2 15s., for all of which I had receipts signed by Tomkins—on 3rd March, 1887, I sent an order for £1 5s.; I got no acknowledgment for that—all this was money found for me; I am receiving weekly wages, my book was never published—I repeatedly wrote about it, and the matter was ultimately taken up for me by my Manchester friends—it was put into the hands of a solicitor, an action was commenced, and tried on the 17th February, 1892, at the Royal Courts, before Mr. Justice Grantham—it was an action against Morgan and Tomkins, the City of London Publishing Company and the Authors' Alliance; I was the plaintiff-none of the defendants appeared; they were not represented by counsel or solicitor—a verdict was returned in my favour for £40, and £200 damages, or the return of the MS. and the costs of the action—I never got any fruits of the judgment, no costs, no MS., nor the £40; somebody paid my own costs for me—the facts of the case got considerable publicity in the London and provincial press.

Cross-examined by Morgan. I paid £39 altogether; the acknowledgments were signed by Tomkins—as far as I know you had not a penny piece of the money—it did not belong to me, but to my subscribers; it was not sent for copies of the book—I cannot tell that the Authors' Alliance put my work into the printer's hands—I received some proofs from the City of London Publishing Company, I believe, to the extent of eighty-two pages, or about a quarter of the entire work.

JAMES JUDD . I am chairman of the firm of Judd and Co., Limited

of agreement Morgan is described as the proprietor and vendor of "The National Artistic Union"—64, Bernard Street is the registered address of the Berners Street Gallery, afterwards removed to the Bloomsbury Mansions—the consideration is set out as £1,200, consisting of 100 fully paid-up shares of £5 each in the capital of the company and £700 in cash—a letter of inquiry was sent from Somerset House with regard to the company in February, 1888, and returned through the Dead Letter Office, and all traces of it being lost, the dissolution was adjudged; another letter was sent in April; and another in June, and the dissolution was gazetted on 14th September, 1888—I also produce the file of proceedings of a company called "The Authors' Alliance Limited," registered on 23rd November, 1887—among the signatories of association I find David Tolmie, journalist, of 20, Eresby Road, West Hampstead; and Joseph Sidney Tomkins, of 5, Friar Street, described, as a secretary; the signatures are attested by W. J. Morgan, of 5, Friar Street, Broadway, S. E.—there is a list of shareholders, among whom David Tolmie appears to hold 21 shares, and Joseph Sidney Tomkins, 21; Charles M. Clarke, of 27, Amherst Road, literary agent, 20; Gilbert Campbell, of 8, Barnard's Inn, gentleman, 20; William Jas. Morgan, of 29, Chancery Lane, manager, 1,500 shares—there is on the file an agreement in which Morgan is described as the sole proprietor of the City of London Publishing Company, and David Tolmie as trustee of the Authors' Alliance, in consideration of 1,500 fully paid-up shares and £500 in cash—the address of the company is registered on 19th April, 1888, 59 and 60, Chancery Lane; the number of shareholders on this list is 17—no further returns reached our office, and in November, 1891, we sent the usual letter of inquiry, which was returned in the same way, and the company was dissolved on 16th August, 1892.

Cross-examined by Morgan. In the Artists' Alliance, beyond the shares held by the signatories and Mr. Osmaston, there are seven of £1 each held by the outside public; altogether 133 shares were held by others—you are not included as one of the signatories; you are the attesting witness—it is a small concern; 2,000 shares are reserved to you as vendor, 1,500 in fully paid-up shares and £500 in cash—the object of the City of London Publishing Company is stated to make gain and profit by acquiring the business of the City of London Printing Company, the Charing Cross Publishing Company, and the London and Provincial Literary Association—fifty £1 shares are said to be held by Major-General Bates; I do not know that he was one of the directors—100 shares stand in the name of Douglas Onslow, gentleman, and General Scovell 500 shares, yourself 501 shares, and Tomkins 501—altogether there are 1,724 shares—by this return it appears that £1 was called up, and they were fully-paid—the returns of the City of London Publishing Company were made regularly from 1881 to the winding-up—the shareholders in the Charing Cross Publishing Company appear to be 237, holding 2,379 shares; you are down for 70 shares—all the returns down to 1879 are here—it appears that the removal was to the office of the liquidator, Robert Edwards, of 4, Broad Street Buildings, and it may have been the same with the City of London Publishing Company.

Cross-examined by Tomkins. The notice which was returned through the Dead Letter Office was after the date of the winding-up of the company in both cases—in the ordinary course the executive duties of the

directors and officers would have ceased—it would then have become the duty of the liquidator to make returns—the notices were sent to the liquidator. 46, Leadenhall Street; that is the address of the City of London Union—there is a notice that the liquidator attempted to hold a meeting in the case of the City of London Publishing Company, but there was not a quorum—the notice is dated 14th March, 1891.

Cross-examined by MR. TAYLOR. I think Mr. Clarke had nothing to do with the Charing Cross Company; I do not remember his name in connection with it, nor with the City of London Publishing Company—he was not a signatory to the Authors' Alliance—he held twenty shares.

Cross-examined by MR. BONNER. Sir Gilbert Campbell holds twenty shares in the Authors' Alliance—there is nothing to show when they were paid, or when allotted to him.

JAMES SWINDLE . I live at 17, Lyndel Road, Stockport Road, Manchester—I am a warehouseman in employment—I got a taste for literature, and have written a play and some poems and ballads—in June, 1885, I received this communication from the City of London Publishing Company, successors to the Charing Cross Publishing Company—I answered it, and received this letter of 4th August, signed "J. Sidney Tomkins, Secretary"—accordingly. sent some MS., including the play, and I received this acknowledgment, dated 10th September, signed "J. W. Tomkins." (Stating that a favourable report had been received from their reader, and requesting a payment of £40 as his share of the cost and risk of publishing, etc.) some friends in Manchester assisted me by subscribing £40 to enable me to publish my works, and on 9th September I remitted £20, for which I got a receipt signed by Tomkins—on 10th September I sent 10s., on 30th September £10, on the 12th November £5, and on 16th February £2 15s., for all of which I had receipts signed by Tomkins—on 3rd March, 1887, I sent an order for £1 5s.; I got no acknowledgment for that—all this was money found for me; I am receiving weekly wages, my book was never published—I repeatedly wrote about it, and the matter was ultimately taken up for me by my Manchester friends—it was put into the hands of a solicitor, an action was commenced, and tried on the 17th February, 1892, at the Royal Courts, before Mr. Justice Grantham—it was an action against Morgan and Tomkins, the pity of London Publishing Company and the Authors' Alliance; I was the plaintiff—none of the defendants appeared; they were not represented by counsel or solicitor—a verdict was returned in my favour for £40, and £200 damages, or the return of the MS. and the costs of the action—I never got any fruits of the judgment, no costs, no MS., nor the £40; somebody paid my own costs for me—the facts of the case got considerable publicity in the London and provincial press.

Cross-examined by Morgan. I paid £39 altogether; the acknowledgments were signed by Tomkins—as far as I know you had not a penny piece of the money—it did not belong to me, but to my subscribers; it was not sent for copies of the book—I cannot tell that the Authors' Alliance put my work into the printer's hands—I received some proofs from the City of London Publishing Company, I believe, to the extent of eighty-two pages, or about a quarter of the entire work.

JAMES JUDD . I am chairman of the firm of Judd and Co., Limited,

of Doctors' Commons—in 1884 I purchased the freehold of 5, Friar Street, Broadway—at that time Tomkins was a tenant there, and another person, who I knew as Lieutenant Morgan—they occupied two rooms on the ground floor, the other room, I think, was let to a third person—they purported to carry on a publishing business under the title of the Charing Cross Publishing Company—during the latter part of the two years they occupied the place I had several communications with regard to them—during the latter period they paid no rent; I think the rent was £40 or £50 a year; it was a yearly tenancy—in 1886, to the best of my belief, they owed £40; that was applied for a good many times, and about the end of 1886, not having received the rent, and having complaints of them, I said, "You had better go, and take your things; you may take all you have and go"—and they went—I think I afterwards received two sums of 5s. each; beyond that I have had nothing.

Cross-examined by Morgan. Tomkins was my tenant—I found you were very actively engaged there; you were not my tenant—I don't think Tomkins was there after 1886—I should say he was not there in 1888; I think the premises were pulled down in 1888—I heard of you as Lieutenant Morgan—there were a large number of books there, arranged on shelves; I could not say how many, certainly nothing like three or four thousand; I should think about two or three hundred—you owe me nothing.

Cross-examined by Tomkins. The rent may have been £70; it is some years ago; I don't think any lease was given you—I have no memory whatever of a lease—I don't think the police ever came to me about this—I had some communications from outside people about money being obtained for publishing books; then I acted on the fact that you owed me rent, and I asked you to leave, without regard to your character.

ROSE ANNA ASHFORD . I now live at 5, Green Dragon Court, in the City—I was engaged by Tomkins at 5, Friar Street, as housekeeper he was there for two years or more—during that time Morgan was continually on the premises—I have seen Tolmie come there from time to time—I was paid 18s. a week—I used to pay for their coals and things—in the course of their stay there a distress was put in; the things were going to be taken, but Mr. Judd compromised—when they left they owed me £3 0s. 8d—I found out they had gone to Chancery Lane; I went there several times—I saw Tomkins, and got 5s. from him, and Morgan afterwards came and paid me 5s.—I got no more; I tried to; but I could not find them after.

Cross-examined by Morgan. I was engaged by Tomkins, not by you—you do not owe me anything.

Cross-examined by Tomkins. You allowed me to occupy rooms there for a considerable time, and afterwards promised to pay me 18s. a week.

Cross-examined by MR. LEVER. I think I saw Tolmie; I had not very much opportunity of seeing him—I let him in just as a chance visitor.

ERNEST FREDERICK ANDERSON . I am a clerk in the Capital and Counties Bank—I produce a certified copy of the account of the City of London Publishing Company, opened at that bank on 21st April, 1885, and operated upon by cheques signed by both W. J. Morgan and James Sidney Tomkins. both of 5, Friar Street, E. C.—down to 9th November, 1885, when a cheque for £3 10s. unpaid was placed to the debit of the

account, the sums paid in and drawn out were £425 7s. 6d.; in many instances the cheques are drawn to "selves," and to numbers as payees, but in instances where names appear I find frequently the names of Morgan and Tomkins.

Cross-examined by Morgan. I do not find a cheque for £500, consideration-money agreed to be paid you as vendor.

GEORGE HENRY WATSON . I am a clerk in the employment of the Royal Exchange Bank—on 12th March, 1886, an account was opened there by the City of London Publishing Company—I produce a certified copy—the operators on the account signing the cheques were Morgan and Tomkins—between March and June, 1886, £551 was paid in and £557 drawn out; the account was slightly overdrawn—at the end of that year £350 had been paid in and £353 drawn out, and the account continued down to 1887—between January and May, 1887, £97 had been paid in—on 7th May 2s. 3d. was paid in to balance the account—in many instances the cheques are drawn to numbers; the names of Morgan and Tomkins occur several times.

Cross-examined by Morgan, It is nothing unusual to draw cheques to the number of the cheque—nearly all the cheques paid to you are small.

Cross-examined by MR. PAUL TAYLOR. I copied these accounts from the bank books—I see no cheques payable to Clarke.

ELIZABETH LECHMERE . I live at Rock House, Thornhope, Hereford, and am single—my attention was attracted to an advertisement of the firm of Bevington and Co., 5, John Street, Adelphi, publishers—I communicated with them with reference to publishing a book for me—I agreed to pay £48, and signed an agreement to that effect—I afterwards received this letter from the City of London Publishing Company, successors to the Charing Cross Publishing Company, 6, Friar Street, Broadway. (This stated that Bevington and Co. having been unable to complete their contracts, the City of London Company had taken over their business and would go on with the publication of her book upon the receipt of £50)—I declined to pay the £50—enclosed in the letter was a copy of this circular. (Calling attention to a new volume of "Poets of the Day" and inviting her to contribute a poem, the only condition being that she should subscribe for a copy of the book)—I sent a poem to be published in the book, believing statements in the circular—I received in reply this letter of 7th July. (Stating that the poem was too long, but that wing regard to its merit it would be put in if she subscribed for six copies)—I then sent three guineas, which was acknowledged by the letter of 9th July—I never got a copy of the "Poets of the Day," and I have never seen a copy—I have never got my manuscript back—about the same time I received a prospectus of the Authors' Alliance. (Affixed to this was a special notice stating that the directors were pleased to announce a minimum dividend of 8 per cent, per annum had been secured by bond)—I saw among the directors the names of Sir G. Campbell, Clarke, Morgan, and Tolmie; the secretary was W. James, and the registered offices at 5, Friar Street, Broadway. (The prospectus stated that the object of the Alliance was to publish on more advantageous terms than usual, and did not start as a new and speculative venture, but had taken over the business of the City of London Publishing Company; no promotion-money having been paid, the promoter having told it for shares in the company)—I believed it was a genuine

bona fide company, and that the statements were true, and that they were taking over a real business, and that the dividend had been guaranteed in the way described—I took two shares, I think—on 22nd December, 1887, I had this letter, informing me that I had been allotted two shares—on 24th February, 1888, I had this letter. (Stating that a call of 5s. had been made on her two share)—I believed a call had been made, and sent a remittance and received an acknowledgment—that was the last I heard either of them or of Bevington and Company—I never got back my manuscript, nor the money I parted with.

Cross-examined by Morgan. I do not remember receiving any letter from you.

Re-examined. I received this letter from the City of London Publishing Company, signed W. J. Morgan, dated 3rd November, 1887.

EDWARD WILLIAMS . I am a coal merchant, of 34, Rifle Crescent, Aston Manor—I published some poems—I received a communication from the City of London Publishing Company, directing my attention to "Poets of the Day"—I believed the circular they sent me, and sent 10s. 6d. for a copy of the work, which I understood would be sent to me for that, I becoming a contributor to the volume, and therefore to receive it at half price—I sent a poem to be put in the volume—on 28th June, 1887, I received this letter from the City of London Publishing Company, successors to the Charing Cross Publishing Company, 5, Friar Street, accepting my poem—I wrote saying I would introduce the book among my friends if I could—after that I received a prospectus of the Authors' Alliance; I read it, and believed the company to be genuine, to the best of my knowledge—this slip in red ink was attached as to the 8 per cent, dividend guaranteed—I believed it—I forwarded £10 in four different sums for allotments and calls on the shares—these are the cheques—I had receipts signed "James Sidney Tomkins, Secretary," except for the last cheque, which would complete the payment for the shares—I wrote several times, but had no answer—the last cheque is dated April 4th, and bears the endorsement, "Authors' Alliance Limited, J. Sidney Tomkins, Secretary," and there is another signature, "A. Reeves" (The endorsement on the cheque relating to the remittance of the 1st March was "Authors' Alliance, W. J. Morgan," and on that of December 20th, "For the Directors of the Authors' Alliance, Limited, W. J. Morgan, Managing Director")—I had no answer to my last letter—I did not get my manuscript nor my money back.

Cross-examined by Morgan. I had printed copies of my poem.

MARCUS SAMUEL RICKARDS . I am the Vicar of Turgworth, Gloucestershire—in December, 1887, my attention was attracted to an advertisement with reference to publishing—I communicated with the address given, and in reply received this pink circular with reference to the "Poets of the Day"—I believed the contents of the circular, and sent a manuscript and an order for 27 copies—I received this letter of 16th December from the Authors' Alliance. (Thanking him for his contributions, for his order for 27 copies, and asking for his remittance)—I sent £10 2s. 6d., and on 19th December received this receipt-about this time I received a prospectus of the Authors' Alliance—I believed the statements contained in it—it had this red notice guaranteeing 8 per cent., and I believed in that—I took £5 worth of shares—I received this letter of 26th March. (Stating that a call of 5s. a share had been made, and signed" J. S.

Tomkins, Secretary)—I sent a cheque, and received an acknowledgment on 28th, enclosing a receipt—I sent a further sum of £4 10s. in respect of further copies of "Poets of the Day," and received a receipt—I think I subscribed about £30 altogether; that was about my total loss—I never got anything—"Poets of the Day" was not produced—I communicated with them, but could get no explanation; I got one or two evasive answers, and at last my communications were entirely unanswered—in the late summer of 1888 I went to the company's office in Chancery Lane and saw Tomkins, and asked him for an explanation; he had written about that time requesting me to undertake the editorship of a magazine; I made inquiries and caused inquiries to be made—a good deal transpired which made me doubt the genuineness of the concern—Tomkins showed me at Chancery Lane books on shelves, and stated they had been published by the company—he told me "Poets of the Day" was in course of progress, and would in due time be published—I could get nothing more definite—I never received any proofs, though he promised to send them—on another occasion when I went to Chancery Lane a distress had been put in for rent, and nothing was left but manuscripts, and I found mine among them—I recovered none of the money I paid for "Poets of the Day," or for shares.

Cross-examined by Morgan. Tomkins showed me a large number of volumes published by the company; he showed me the company's name on the title-page—I don't remember seeing the catalogue—I believe the books were published by the City of London Publishing Company—I think he showed me this book published by the Authors' Alliance—I called to make inquiries especially about the matter; I was wholly dissatisfied with the result of those inquiries—I did not send further money after I saw Tomkins on that point—I think I hid called once previously—I don't remember receiving any letters or communications from you in the matter.

Cross-examined by MR. BONNER. Tomkins was the only person I had personal communication with—I observed his name on the Authors' Alliance prospectus; I allowed him to retain the manuscript I had sent to the City of London Publishing Company.

WILLIAM SIMPSON . I live at the Angel Hotel, Cardiff—I had broken out into poetry at one time, and was attracted by the advertisement of Bevington and Co., John Street, Adelphi—I answered the advertisement, and received this reply, dated 12th September, from the Authors' Alliance, Limited, 59 and 60, Chancery Lane, and 9 and 10, Southampton Buildings. (This letter stated that, having purchased Bevington's business, they would be glad to receive his manuscript, and no doubt could offer him the same terms; it was signed "J. S. T")—then I received this letter of 13th September, with the same printed heading. (This stated that their reader having read his poem, and being very pleased with it, they were willing to publish it on the same terms as those suggested by Bevington—£15 10s. as Simpson's share of the cost and risk; net proceeds of sales to be divided—four-fifths to author, one-fifth to publisher)—I accordingly sent £15 10s.—I believed that the Authors' Alliance was a genuine bona fide company, and that they really had bought Bevington's business, and that the statements contained were correct—I received this receipt on 15th September—I received no proofs—I wrote asking for them—on 11th December I had this letter from them on paper

headed "Dramatic Opinion, 9 and 10, Southampton Buildings." (This dated that the printers promised proofs early in the new year, and asked him if he had a poem he would like inserted in "Poets of the Day")—that letter contained one of these pink circulars, pointing out the advantages of "Poets of the Day"—I did not contribute to it; I waited to see the result of my £15 10s.—I was not able to get any proofs—I never got any money—I wrote on August 23rd, 1889, to 59 and 60, Chancery Lane; my letter was returned through the Dead Letter Office, marked "Gone away"—I gave the matter up as hopeless—my attention was attracted by the trial of the action of Swindler v. Morgan—I communicated with a gentleman in the Temple, and was put into communication with the Treasury.

Cross-examined by Morgan. I received no communication from you.

Cross-examined by MR. BONNER. I received no prospectus of the Authors' Alliance.

EMILY JONES . I live at 69, Hope Street, Liverpool; I lived at Wallasey in 1886—in June, 1886, I saw an advertisement in, I believe, the Daily News—I-wrote, and had this reply. (Stating that they should be glad to receive manuscripts, and that they made no charge for their reader's fee)—in consequence of that I sent a manuscript magazine article for insertion to the City of London Publishing Company, 5, Friar Street, Broadway—I received a letter saying that the cost of publishing my magazine article would be £7 10s.; I sent £7 10s.—I never saw my article in print, nor did I ever receive my manuscript back, or get any value for my money except some proofs—a lengthy correspondence ensued between me and the City of London Publishing Company; I received seventeen letters between June, 1886, and September, 1888; four were signed Morgan, and the rest Tomkins, I think—in September, 1888, I came to London, and went on the 3rd to 59 and 60, Chancery Lane—the doors were closed, and I could not get in—it was before noon, I think—I went again on 4th. September, and found the door open, and went into the office—I saw Tomkins, and asked if Mr. Morgan was in—he told me Morgan was out of town—I asked for Mr. Tomkins; he said he was not in at present—he asked me what I wanted—I said I preferred to tell my business to Mr. Morgan, and would call again—as I went out Tomkins went out after me, through another entrance, and locked the door—I followed him, and saw him go through the building in Chancery Lane, round the square, and enter the building by another entrance in a street I don't know the name of—the next day I returned to the office; Tomkins was writing some letters there, and I recognised his writing as that I had seen in the correspondence signed Joseph Sidney Tomkins—he said, "Mr. Morgan has not returned yet"—I said, "And Mr. Tomkins?"—he said, "Mr. Tomkins is not here"—I said, "Yes, he is; you are Mr. Tomkins"—he said, "No; I am not Tomkins"—he said that several times, I asserting he was—after a little time he said, "Well, I am Tomkins; but I don't care for everybody to know it"—I said that I had come up for my manuscript, and that I should stay there till I got it—he said he had lost it; that he knew nothing about it—a second man appeared in the office; I believe he was Morgan, but I cannot say positively—I waited there for close on two hours, and then the second man said he had business with Tomkins, and that I must turn out—I

said they could turn me oat, and if they did I would give them in charge—the impression I got was that they were going to send for the police—they left me to make arrangements between them—I remained for a further half-hour or so—they did not come back—I glanced at letters on the table, and copied two of the addresses—the porter came to lock up before I left the room.

Cross-examined by Morgan. I believe you were the man I saw; I cannot remember if he had whiskers and a beard; he was tall, with a rough overcoat and hat on; he came from the inner office, and stood there—I could not swear if you are that man.

Cross-examined by Tomkins. My manuscript was put in type, and proofs sent to me; I corrected and returned them I had no special reason for desiring my manuscript returned—I did not come across a pamphlet by Mr. Gordon, entitled "Curious Names and Curious People n—you did not ask me if I was indebted to that pamphlet for a good deal of the information in my article—you did not complain that you had been imposed on by me in that respect, or that I had cribbed the whole of my manuscript from the pamphlet—I was not excited; you were—you did not say that unless I gave an explanation about Gordon's pamphlet you should refuse to publish mine—I did not threaten to commit suicide if I did not have my manuscript back—I did not offer the housekeeper half a sovereign to find the manuscript.

Cross-examined by MR. BONNER. All the communications I received were headed the City of London Publishing Company or the Authors' Alliance, and signed by Tomkins or Morgan—I had no prospectus of the Authors' Alliance, and had nothing to. do with it.

Tuesday, September 20th.

RICHARD BOSS SOUTH . I live at Breach House, Sheerness—about May, 1886, I saw an advertisement in the Daily News, in consequence of which I wrote to 5, Friar Street, E. G., and received a reply written by the manager of the City of London Publishing Company, in consequence of which I sent the MS. of a novel I had written, which was duly acknowledged—on 23rd September, 1886, I received a letter from the company, signed "W. J. Major," saying that a favourable report of my novel, "The Student," had been given by the reader, and offering me terms, viz., that I was to pay £20 towards the publication, and have a certain division of the profits—I refused those terms, and received another letter on 2nd October, offering me different terms; I was to pay £10 down—this order form is similar to one enclosed to me—it is signed "W. J. Morgan, Manager," and dated 2nd October, 1886—there was an alternative proposal that, in lieu of payment, I was to find a cash order for 200 copies—I agreed to that proposal, understanding that two thirds of the profits of sales were to be mine if I found the cash orders for 200 copies—I was supplied at my own expense with printed subscription forms—I sent £9 1s. 9d. towards about 100 copies, and received receipts signed, "J. Sidney Tomkins, Secretary"—at that time subscriptions from my friends began to fall off, and I received an offer from Morgan to publish my novel at the Christmas season of 1887 for £10—I paid that to Morgan, who sent me this receipt, signed by himself my novel was never printed—I wrote from time to time protesting—I received letters in reply—I never received any proofs—on 9th July, 1888, wrote that unless they were prepared to carry out their contract I should

place the matter in my solicitor's hands—I placed the matter in my solicitor's hands, and he sued Morgan, Tomkins, and the company in the County-court, Sheerness, in November, 1888—the action was undefended, but a letter was sent to the judge, saying their solicitor was engaged elsewhere—I recovered judgment for £10—that judgment was unsatisfied—in May, 1888, previous to that action, received a letter, signed "J. Sidney Tomkins, Secretary," and headed "The Authors' Alliance, Limited, Stone Buildings, Chancery Lane, and 9 and 10, Southampton Buildings." (This letter stated that the Authors' Alliance had taken over the other business; that they regretted to have given him the trouble of writing about proofs, and they would see that his work had the first consideration, as they were not less anxious than he to produce it)—a friend gave me a prospectus of the Authors' Alliance about the time I brought my action, November, 1888—I saw in it, among the members of the honorary council, the names of Sir Gilbert Campbell and Mr. Morgan.

Cross-examined by Morgan. I thought my action was against the City of London Publishing Company, with your name and that of Tomkins coupled with it—I think it is not against the Authors' Alliance; it might have been—I have not got the papers.

GEORGE CROSSWAY COOKMAN . I am manager to Mr. Clarke, the owner of 59 and 60, Chancery Lane—in March, 1888, Morgan, who described himself as the manager of the Authors' Alliance, Limited, 5, Friar Street, Broadway, saw me with reference to two rooms we had to let there—I received this letter from him, dated 23rd March. (This, signed "Morgan, Manager" asked if they would accept £40, as he was authorised by the board to offer that)—he gate, as two references, Clarke and Tolmie—I communicated with them, and received these answers. (That signed D. Tolmie was headed Printers' Register Office, 33A, Ludgate Hill, and recommended Morgan as a thoroughly respectable and responsible tenant; and stated that, having had many business transactions with him, he had always been found to fulfil his engagements with promptitude and integrity. The reply, signed Charles M. Clarke, LL. D., was headed 27, Amherst Road, Eackney, stated that the writer believed (he Authors' Alliance, Limited, would prove a trustworthy and desirable tenant; that he had known the manager, Morgan, for twenty years, and had always found him prompt and reliable in discharging his engagement)—the Authors' Alliance were accepted as tenants, and an agreement was executed by W. Morgan on behalf of the Alliance—I said the seal of the company ought to be attached to the agreement, and the signatures of two directors and the secretary—Morgan said he could act and sign for the company, and could pledge the company's credit—there was difficulty in getting the rent, and steps were taken to distrain—we never got the rent after they were turned out—the only rent paid was £7 10s. for the first half-quarter from April to 24th June.

Cross-examined by Morgan. That was paid in the early part of July, 1888, and was a discharge for all rent due up to 24th June—this cheque of 4th June, 1888, for £8 los., bears Mr. Clarke's, my principal's, endorsement—there is a mistake in the date of it—that was paid for rent up to Midsummer, 1888; housekeeper's fees would bring the £7 10s. up to £8 15s.—the cheque is drawn by the Authors' Alliance, Limited, W. J. Morgan, manager.

Cross-examined by MR. LEVER. We did not find out what position Tolmie held at the Printers' Register, we only wrote.

Cross-examined by MR. TAYLOR. This cheque is on the Royal Exchange Bank; it was the only one the landlord received, so far as I know—we made no further inquiries as to Morgan after receiving references; we considered they were satisfactory—Morgan first wrote from 5, Friar Street—we made no inquiries there—I did not hear Tomkins' name in connection with Morgan at that time; I think I first heard that from his being at the office—Tomkins at one time had been a common councilman; I cannot say when—we did not know it in March, 1888.

Cross-examined by MR. BONNER. We let the premises to Morgan, who merely represented that he was the manager of the Authors' Alliance; I knew nothing more of the Alliance than that—I knew none of the directors—I looked to Morgan for the rent.

Re-examined. I never saw any of the directors.

JOSEPH WILLIAM PERRY . I am a clerk, in the employment of Thomas Clarke, of 63 and 64, Chancery Lane—I remember the Authors' Alliance being his tenants—a distress for rent was put in about December, 1888, for £49 11s. 10d., being rent, and 2s. 6d. a week for the housekeeper—the distress realised £8 7s. 6d.; the balance has never been paid.

Cross-examined by Morgan. There was not more than one distress to my knowledge—this distress is for £13 5s., dated 10th December, 1888, for one quarter, and I should think from that that there was more than one distress—there is no return upon it; I know nothing about it; the books do not show it—this is a general catalogue of the auction on January 10th, 1889; I know nothing about the articles—I know nothing about the warrant for £49; I am only going by the books, and all they specify is that the amount due to Midsummer quarter, 1889, was £49—no furniture was brought in after December.

FREDERICK GEORGE MOORE . I was formerly housekeeper at 59 and 60, Chancery Lane—the first man I saw there in connection with the Authors' Alliance was Morgan the day after the office was started and opened he was joined by Tomkins, and a very short time afterwards by Tolmie—Clarke I have seen at the office many times; I thought he was Campbell; I did not know his name at the time—I have seen 8ir Gilbert at the office—I know nothing about Steadman when they were there everything they could get hold of was delivered there, cigars, wines, portmanteaus, and different goods—I ascertained cigars were brought there, so many people came with bills, and told me they were cigars, and asked me if they should leave them without the money—the goods were mostly delivered in the name of Tomkins—I have seen Tomkins, Tolmie, and Morgan in the office together, with another nun when goods were delivered, and I have then heard Tomkins asked for, and Tomkins told them he was not in, but if they would leave the goods Mr. Tomkins would be back in about twenty minutes, or directly, and would give them the money; all sorts of excuses were made—sometimes people left the goods, and when they came back for the money they never got it; perhaps they had gone and taken the goods with them—people very often called—they never found Tomkins and the money there at the same time—I saw scores of ladies and clergymen—Tomkins was very seldom there; he would come and get his letters and

slip off again, unless there was something coming in—that was after the distress—one old lady waited there for months, bringing her knitting and sewing—I have heard Tomkins asked by these people for their manuscripts he has said the reader or publisher had it—I saw one gentleman, dissatisfied with the explanation, give Tomkins a shaking—I saw the place every day for some months—all the business I saw going on was people coming and wanting their papers, and so on—they kept the key for a long time after the distress and sale of the things; the premises were locked up—they had an agreement for three years—they used to come for their letters, but there was no furniture in the place—I kept observation on the rooms—Tolmie came there—I found they had an office at Finsbury Pavement, and I went there and found they had a distress there that morning—Tolmie came there, and when he left I followed—he went all round the back turnings, and five times he took me to the Swan public-house—he looked in there—I left him there—next day I went again before they came for their letters, and I followed another man, and I found Tomkins and another man standing against the swan—I asked Tomkins for the key; he said he had not got it, but that Morgan had—I said, "I am going to stick to you till you see Morgan"—I stuck to him for about two hours, and then he said, "If you give me back the papers which are in the office I will give you the key; it is in my pocket"—I got the key—that was in August, 1889, I believe.

Cross-examined by Morgan. I saw you at the office many times after the distress in December, 1888—I had a summons to serve on you, but I cannot swear whether I served it—I saw you standing in the room when goods came in long after the distress—I cannot say why I did not serve you with the summons, or whether it was served or not; it might have been twelve months after that—I did not see you at Finsbury Pavement—I was told the office there was not taken by you—I resigned my situation as housekeeper and went into business for myself; I did not leave because of Police-court proceedings—I was a defendant at the Police-court in May—a policeman locked me up for being with a woman in Hyde Park, but he got a month because he had made a mistake; he locked me up for assaulting him, but he got £5 or a month for assaulting my wife, and was convicted—I preferred a charge against him—I did not see you at the White Swan.

Cross-examined by Tomkins. I am in my own business at Lewisham now—the man who shook you was from Jersey; I cannot tell his name or why he did it—I was on the landing outside—I was there a good deal—I was caught once with my ear to the office keyhole—I don't know if a complaint was made to Mr. Clarke—I cannot give the name of any person who left goods, so many came—you did not bring the clients out on to the landing to speak to them—I have been at the office during office hours no one was there for months except to pop in and get letters—you did not tell me you should attend regularly every morning after the distraint until you had returned all manuscripts—you did not fix a notice on the door, nor did I remove it.

Cross-examined by MR. LEVER. I do not know the number of Tomkins' office at Finsbury Pavement—I do not know that near there Tolmie had been carrying on a type-writing business—I could not say whether he was engaged at Tomkins' office on business—I had great sympathy

—with the scores of defrauded people—the fees were not my money; I was at no loss—I was paid so much a week by Mr. Clarke.

Cross-examined by MR. BONNER. I made a statement to Richards—I saw Sir Gilbert Campbell's name on the prospectus—Richards asked me two or three weeks ago if I had seen Sir Gilbert Campbell there, and I said yes—I have heard him spoken of, and I have seen him at the office several times—until I came into Court I did not know him—I was not at the Police-court—I have seen Clarke there.

Re-examined. I looked in at Bow Street once, and then I thought I might be wanted, and I left—I recognised the men I saw there as the men I had seen at the office—after that Richards-took a statement from me.

By the COURT. Tomkins pointed out Sir Gilbert Campbell to me at Chancery Lane as Sir Gilbert Campbell, about three years ago—I would not swear whether it was Clarke or Sir Gilbert Campbell whom Tomkins pointed out—he pointed out some man; I could not say whether he wore glasses.

GEORGE EDWIN GARDINER . I live at 30, Fleet Street—in 1888 I lived at 40, Amhurst Boad, Hackney—Clarke then lived at 27, Amhurst Road—I used to cash cheques for him from time to time—on 7th April, 1888, he brought me this cheque, on the Royal Exchange Bank, signed for the Authors' Alliance by W. J. Morgan, manager, for £4 4s., payable to Dr. Clarke, or order, and endorsed Charles M. Clarke, in Clarke's writing—he asked me to cash it; I did so, and paid it into my bankers—a few days afterwards it was returned marked "N. S."—I saw Clarke about it; he said he would make inquiries—he might afterwards have called and spoken about it, but I g. it no definite answer about it—I went to see him occasionally; I saw him at home once or twice; no proper explanation was given—I received this letter, which is written and signed by him. (This stated that he had seen Morgan yesterday, and that Morgan, who was just moving into new offices at 59 and 60, Chancery Lane, had promised to see Mr. Gardiner, and to settle the cheque this week; that if he did not keep his promise, Clarke must pay it himself, but that he should not have funds before Monday)—he never paid me the proceeds of the cheque—I put the matter into my solicitor's hands—he sued Morgan; but he was unable to effect any service of the County-court summons—I went to 5, Friar Street, and Chancery Lane, but was not successful in seeing Morgan—I did not get the money.

Cross-examined by Morgan. I swore an affidavit at Guildhall that the warrant officer could not serve you—I don't know what became of the plaint note; I could not do anything with it. (MR. MATHEWS produced the plaint note, which was against the Authors' Alliance, and not against Morgan)—I do not know that I re-presented the cheque for payment.

Cross-examined by MR. TAYLOR. I had known Clarke three or four years as a customer, and had frequently cashed cheques for him and his wife, and had never had reason to complain of those cheques not being met—none of them were cheques of the Authors' Alliance—I do not recollect at the time he asked me to cash the cheque his saying it was for money he had lent Morgan—I cashed this as I should have cashed any one of his private cheques, without inquiry and without any statement being made by him—he appeared annoyed when I first told him

that the cheque had been dishonoured; I said before the Magistrate he appeared disturbed and annoyed—he said he would make inquiries, and he afterwards came to my shop, and I spoke to him about it, as far as I remember, and asked him about it—I might have asked him twelve or twenty times afterwards about it—he told me he would do everything in his power to get the cheque met—I handed the cheque to the solicitor, for him to use his discretion—I knew Clarke was in the habit of spending a considerable portion of each year in Ireland; he was arrested there—the matter was in my solicitor's hands—I did not see him after he had ceased to appear at my shop; I did not know whether he was in Ireland or not—I might have changed twelve or twenty cheques for Clarke and his wife before this.

By the COURT I did not say to Clarke that he had had the £4 4s., and he might try to pay it himself—soon after my business failed, and the solicitors had the matters in hand—I made a deed of assignment to my creditors, and they became entitled to recover the debt, and I had nothing more to do with it.

Re-examined. The cheques I had cashed before were his wife's, not Clarke's—I do not recollect Clarke telling me why this cheque had been paid» to him—it was the only cheque signed Morgan that I had ever cashed for Clarke.

FRANCIS MORGAN ALLEN . I am a member of the firm of Mallett, Allen, and Co., 42, Wardour Street—in November, 1888, Clarke and Sir Gilbert Campbell came to my premises—I knew Clarke, but not Campbell before—Clarke introduced him as Sir Gilbert Campbell—we had general conversation, and Clarke asked me to cash this post-dated cheque, which one of them produced—it was said it had been paid for directors' fees—it was in favour of Sir Gilbert Campbell for £5 5s., upon the Royal Exchange Bank, dated 21st December, 1888, and signed "W. J. Morgan, for the Authors' Alliance," and endorsed Sir Gilbert Campbell—they said it was post-dated, and I was to hold it over till 21st December—I gave £5 5s. to Clarke, Campbell being present—it was said that it would be an accommodation for Sir Gilbert Campbell if I cashed it—having got the money they went away—I sent the cheque to my bankers; I think it was paid in on 20th December, a day too soon, by mistake; I was away—it was returned, 'Refer to drawer"—I saw Clarke; I think he came to me—he was away at the time, but when he came back to his office I saw him—he said it would be all right—I was to let it be for a little while; I won't say those were the words—I never got the money—I sent my collector after Campbell, but never came into communication with him, and saw nothing more of him—Clarke introduced Campbell as a friend and as a writer who would perhaps put something in our way; we are publishers—I have been a member of the firm about five years.

Cross-examined by MR. TAYLOR. We published Dramatic Opinion, a perfectly bona fide journal, for Clarke—I have known him about four years, and he is of good character—he has been engaged, to my knowledge, in bona fide literary work during that time—I have seen him frequently—I have seen other dishonoured cheques in his possession—he had a settling up with me of his accounts in March last year, and he then took up in a bona fide way a dishonoured cheque of Morgan for £5 5s., which I had cashed for Clarke—I do not suggest there was any fraud on

Clarke's part in cashing this cheque—there were 20,000 copies of Dramatic Opinion—I cashed a cheque for £5 5s. for Clarke a week previous to cashing this for Sir Gilbert Campbell; it was a similar cheque, except as to the name—I knew of the dishonouring of that about 28th December, I think—I was away—when I settled up my accounts with Clarke I said as to Campbell's cheque that I should get my money, and he said, "Give him time and he will pay"—I made no claim on Clarke for payment.

Cross-examined by MR. BONNER. I only saw Campbell that once—I changed another cheque for him about May in the same year—I should say it was about the same time as the other one—it was for £5 5s., and was drawn to Sir Gilbert Campbell by the editor of the Hawk—I cannot say if it was payment for an article—that cheque was honoured—the only occasion I yaw Campbell was not, I think, when I cashed the Hawk cheque; my brother may have seen him—Campbell's cheque came back the second time dishonoured—I never presented it again—I could not say when I sent my collector to see Campbell—I did not see him myself, nor did I take proceedings—I saw Clarke—I think some bankruptcy proceedings were going on which deterred me from taking proceedings—I did not attempt to get this money from Campbell after my settling up with Clarke; I let it go altogether.

Re-examined. At one time I had a dishonoured cheque, dated 21st December, payable to Dr. Clarke, drawn by Morgan—Clarke had brought me that a week before he came with Campbell, I should say—Clarke asked me to hold it for him, and advance him the money—he said he had received it for directors' fees from the Authors' Alliance—I held both that and Campbell's cheque till they went forward for presentation on 21st, December—they were both returned dishonoured—in March, 1891, Clarke came and took up the cheque payable to him—Campbell never took up his cheque—I am sure that this is the cheque Campbell presented to me—Dramatic Opinion, which we printed and published, only lasted for one number,; the twenty thousand copies were all printed at one time, and there was no further issue—it was a bona fide one number—to that extent we were publishers for Dr. Clarke—70, Wardour Street was the office of Dramatic Opinion—I did not know it when it purported to be published at 9 and 10, Southampton Buildings, Chancery Lane—it was "Dramatic Opinion, Limited," when I published it; limited to one issue—the four years I knew Dr. Clarke were from 1888 to 1892—I did not know him as a director of the Authors' Alliance, or as on the honorary council of the Artists' Alliance, or as among the councillors of the International Society of Literature, Science, and Art; or as a friend of Morgan or Tomkins—I did not know Tomkins or Morgan—I knew Tolmie, and I knew him as known to Clarke.

By the JURY. The twenty thousand copies of Dramatic Opinion was bought by Mr. Willard, who took them away—Clarke paid the whole of the expenses of producing: those copies; the money paid by Mr. "Willard went to Clarke.

JOHN WORTHAM . I am an officer of the High Court of Justice in Bankruptcy—I produce three files of proceedings relating to the bankruptcies of Sir Gilbert Campbell: a petition in 1874 which was dismissed; a petition in 1876 upon which he was adjudicated bankrupt, and remained undischarged till June, 1890; and a petition in March, 1891.

FRANCIS PLUMTREE BERESFORD OSMASTON . I am a barrister—I live at Church Bow, Hampstead—I am not in practice—in April, 1888, I replied to the advertisement (produced) for a reader for literary work I asked for particulars; I received this reply: (From the Author' Alliance, Limited, New Stone Buildings, Chancery Lane, and offering a literary partnership without liability, the duties to correct grammatical and other errors in new authors' manuscripts, at £120 for the first year, with an annual increase of £10 to £200, requiring a deposit of £300, which would be in vested in shares yielding 8 per cent, per annum; agreement to be determined at six months' notice, and the £ 100 deposit to be repaid)—I saw a prospectus in which 8 per cent, was guaranteed as a minimum dividend—then I got this letter of 12th May, 1888: (Stating witness's qualifications appeared to be fully adequate, and appointing a meeting at Sir G. Campbell's chambers)—I went to 8, Barnard's Inn—I there saw Morgan and Campbell—I had seen Morgan once before, receiving this second letter, when I said 8 per cent, was a large dividend—that made me suspicious—he said a well-known business had been bought by the company—I believed 8 per cent, had been guaranteed by the vendor—I saw Campbell's name on the prospectus—he was spoken of as a director—he was so introduced to me at that interview—he looked at my testimonials—they were approved of—I was accepted as a suitable reader—I paid the £300 in four instalments of £75—I acted as reader between five and six months—I received £30, three months' salary, in £10 sums—I repeatedly tried to get my salary—for that purpose I went to Chancery Lane, but without success—I was then in practice at my chambers, 7, Stone Buildings, and my papers were to be sent there—by the agreement it was not necessary to discharge them there—I then gave them notice to put an end to the arrangement—I placed the matter in the hands of a solicitor—from what he told me I gave up all hope and my money—I have seen Tomkins at Chancery Liane—Clarke came to my chambers—he introduced himself as a director, but the conversation was entirely personal—I saw him last Sunday morning at my house—he reminded me of a former interview at my chambers, and asked me if I recollected his warning me about the money—I told him I did not remember it; he had not warned me.

Cross-examined by Morgan. You showed me some account-books at the office—I remember a catalogue—I did not come to see the books—I came to discuss my dealings with the company, and the books were brought up. (A catalogue of books published by the City of London Publishing Company was put in)—you showed me the bond named in the prospectus—I read it—I came to satisfy myself of the genuineness of the business taken over by the Authors' Alliance—the bond provided for the payment of the purchase-money to you as vendor, and thereupon you guaranteed 8 per cent.—I also saw the contract for the sale of the business to Mr. Tolmie as trustee of the Authors' Alliance—I cannot speak exactly to each paper I saw—you showed me no books separately—you did not tell me the catalogue was of books published by the City of London Publishing Company—I imagined the company was buying a genuine business, a going concern—I hoped it would be a success; I had a doubt of it—I thought there was a fair likelihood of success—I believed the documents I saw wore genuine—I revised and approved the agreement between myself and the company—I never

applied for my shares to be transferred—I think my solicitor wrote you or the company—he took no proceedings—that was not because he advised me there was no fraud—we concluded it would be difficult to press a charge—"Grantley's Revenge" was sent me, the only book I ever saw published by the Authors' Alliance—I did not tell you I had nothing to complain of except that you took too sanguine a view of the success of the Authors' Alliance—that was not my impression.

Cross-examined by MR. TAYLOR. My last payment to the Authors' Alliance was on August 7th—after that I saw Clarke—our conversation then was chiefly literary—I swear Clarke never suggested to me to be careful in my dealings with Morgan—I never said it was too late to undo what I had done—till last Sunday I never saw Clarke after the payment of my money.

Cross-examined by MR. BONNER. I only saw Sir G. Campbell at Barnard's Inn for the purpose of looking at my testimonials—my conversation with Morgan was at another interview—I had about 100 manuscripts sent me to read during the first three months; those I read and returned—afterwards they began to drop off, and came in twos and threes to read.

Re-examined. Sir G. Campbell said my testimonials were quite satisfactory.

GEORGE HENRY WATSON (Re-examined). I produce banking account of W. J. Morgan with the Royal Exchange Bank, opened on 15th April, 1887, and going to 12th January, 1888—at the end of six months, in June, £355 9s. 6d. had been paid in, and twopence balance was loft—between 1st July, 1887, and 31st December, £183 7s. 11d. was paid in, and all drawn out except £2 5s. 11d., which was drawn out on 12th January, 1888, and the account closed—on 29th December, 1887, another account was opened—this is the requisition so dated. (This request contained a resolution of the board, at which Clarke, Tolmie, and Morgan were present, to open an account, cheques to be signed "Authors' Alliance, Limited, W. J. Morgan, Managing Director; Charles M. Clarke, Chairman")—in accordance with that request an account was opened, and between 6th January, 1888, and 30th June £226 19s. 1d. was paid in—in July the account began with a debit balance of £1 8s. 8d., and to 31st December £201 8s. was paid in, less £2 9s. 6d., the balance against the company when the account closed—taking the other side, many cheques are drawn to numbers—I find the names Tomkins several times, Campbell May 25th, Tolmie June 1st, Campbell June 9th, and Tomkins and Clarke July 5th—then five guineas July 6th, and £8.15s. 10d.—then Tomkins, then numbers, then M. and T. August 11th; also July 23rd and four more—there is only about thirty shillings balance in April, 1888—between 23rd February and 18th May the account is slightly overdrawn—there was no authority to overdraw the accounts—on 31st December there was sixpence on the account—upon 17th May £65 was paid in, 30th May £75, 4th July £75, and 7th August £75.

Cross-examined by Morgan. From first to last there was not sufficient to pay out £500—the total paid in was £429 16s. 1d.—the overdraft was in consequence of the bank's charge for commission at the end of the half-year.

Cross-examined by MR. TAYLOR. I only. see one cheque of five guineas paid to Clarke—after 17th "May there would have been funds to meet the

cheque of 17th April—we did not give notice of there being insufficient to meet cheques—there are no entries in our books between 23rd February and 17th May.

Cross-examined by MR. BONNEB. On 31st December £2 10s. was charged for commission.

Re-examined. On 17th May the £65 was obtained from Mr. Ormaston—upon the same day I find a payment of five guineas to Mr. Tomkins.

MARY DE COSTA . I am a widow—I now carry on a draper's business at 107, Brompton Road—64, Berners Street belonged to my husband—in 1880 the ground floor was let to Morgan—it was one large room—that room was called "The Berners Gallery"—it was let for three years-at first the rent was paid properly, the latter part not—Morgan left without notice, owing £75, shortly before the three years expired—about 1888.

Cross-examined by Morgan. I could not identify you now—I knew of the letting, because it is natural I should know something of my husband's business—I can only say the room was let to a Mr. Morgan—I said in my statement it was 1880; I gave it as near as I could—this is my husband's endorsement (one cheque for £25 on London and County Bank, paid through the London and Westminster Bank, Bloomsbury, dated 4th January, 1881)—it is so many years ago I could not remember you again, but I saw you twice in Berners Street—I suppose this cheque was for the June rent (£27 18s. 6d., payable to Be Costa, and endorsed by him)—I remember asking for you, and a person in the house said you had gone and taken the pictures—I could not swear there was no notice, it is so long ago.

HENRY HERBERT PRICE . I am a solicitor, of 9, John Street, Adelphi—in November, 1889, Morgan applied for the ground floor—he told me he was an artist—his references were Tolmie and some solicitor I do not recollect the name of—I wrote to them, and got satisfactory answers—I accepted Morgan as tenant under this agreement of 4th December, 1889, at £40 a year—shortly afterwards "Artists' Alliance" was painted on the door—I saw there Morgan, Sherwin (a witness), and Tomkins—people came to see them—then they came to see me, and make complaints—then the police came—I went into the room on many occasions—there were two boards, I think, on legs, covered with baize, and one or two chairs—I saw prospectuses and forms inviting subscriptions—I read the prospectus—this is one (produced)—Morgan stayed from December, 1889, to July, 1890—rent was paid in March and in June, almost entirely in cheques of one guinea and two guineas—they were endorsed by Morgan or Tomkins—they were nearly all country cheques—I saw two lead pencils, two tablets of paint, and some pictures labelled with addresses—I saw no books except a small book for petty expenses, chiefly postage stamps—I gave him notice to leave—I saw him afterwards—the notice was partly in consequence of communications made to me and partly on account of rent—when I saw Morgan he asked me if he could stay on after 24th June, as he said he was going to take a large gallery, and I said he might do so, and he stayed three or four days, when I screwed him out—as he did not go at the end of the few days I screwed up the door—then his solicitors, Messrs. Wontner and Sons, sent me a letter—they came afterwards and took the board and chairs away—I have seen Campbell and Tolmie with Morgan once coming out of the room and in the Strand.

Cross-examined by Morgan. I went in the office in the evening after you had gone—the police came after Tomkins—I did not know Tomkins—I saw him outside waiting for you—you paid your rent—there was no difficulty—you objected to it at last—this is my receipt for £3 He.—I did not want you to go out to let in Mr. Thorpe—Wontners did not proceed against me—I did not keep your letters—they did not tell me to give them up. (Tolmie's 8 reference of 26th November, 1889, stating that Morgan mid pay £45 rent, was put in by MR. LEVER.)

Cross-examined by MR. TAYLOR. I never saw Clarke at John Street—his name was not mentioned.

Cross-examined by MR. BONNER. I said at the Police-court I saw Campbell—I recollect seeing him three times in 1890—I saw him come out into the Strand the beginning of 1890—I saw his name on the prospectus—I asked the police who he was; I did not know him.

HANNAH KENTON . I am the wife of Charles Kenyon, and live at 6, Mount Grove Road, Green Lanes—I was housekeeper at 20, York Buildings, for twenty years—I cannot remember the date when Morgan took two rooms on the ground floor—he had "Artists' Alliance" painted on the front door, and "Longman and Co." on the door of the back office—one room led out of another, and there were chairs and tables—I cleaned the offices—there was not much in the second room—Morgan went away about September, 1891—he was there twelve to eighteen months—he came in about February, 1890—I saw Steadman and Campbell there.

Cross-examined by Morgan. I left in October, 1891—the lease expired—I never had to complain of James Longman and Co., nor the Artists' Alliance—the rents and charges were paid by you.

Cross-examined by MR. LEVER. I saw Tolmie there two or three times a week—I saw Campbell; not often; two or three times—I heard his name when we left in October; from that time I did not see him till I saw him at the Police-court—I do not know where I got his name.

By the COURT. I have no doubt Sir G. Campbell is the person I saw at York Buildings two or three times.

EDWARD SHERWIN . I am a schoolmaster, living at Connah's Quay, Flint shire—at the end of 18891 had saved £100—I was not in good health—I advertised for employment, offering £100 as security—amongst the answers I got one from Morgan—I have looked for it, but cannot find it—the printed heading on the paper was "The National Artistic Union," and the address, in ink, was 8, Raeburn Street, Brixton, S. W.—there was also printed "Berners Gallery, Limited," and an address—the letter offered me a secretarial post at £150 a year, to increase annually £10 to £250 per annum—I was to pay £ 100, to be secured by a bond at 8 per cent, interest—in consequence of that letter I came to London, and saw Morgan at 8, Raebum Street—he told me he was an editor, that he wanted a secretary for an art institution, a registrar—he said he had sold the National Artistic Union—I asked him if the union he was going to establish was perfectly bona fide; he said it was—he mentioned the premium and gave me four references—he first offered them as a guarantee of his respectability (Tolmie, a solicitor; S. Benham, I think, of 60, Chancery Lane, and Tomkins)—I forget the fourth—I wrote to Benham and Tomkins—I received satisfactory replies—I cannot find them—I wrote to Morgan accepting the post upon the faith of

those references—I believed them to be honest—in December, 1889 I went to John Street, Adelphi, to an office on the ground floor "Artists' Alliance" was painted on the glass door—I saw a draft of this printed prospectus in Morgan's writing in January, 1890—the paragraph at the bottom is my writing under Morgan's instructions, written in March or April, 1890. (That the list of original members was closed "in April last," but the Honorary Council had much pleasure in reopening the list by the addition of fifty members" and visitors were invited to apply to become members)—I paid my £100, I think, on 2nd December, 1889, in Bank of England notes to Morgan, at 9, John Street—Tolmie came there; not often at the commencement, but more frequently towards the close—I saw Clarke once, and Tomkins three or four times—my work was to address applications to artists, inviting subscriptions, and send out prospectuses through the post, and letters were written; I got the names and addresses from directories—I confined my letters of application to artists; in response, members were enrolled and sent subscriptions—cheques would come of one and two guineas, and sometimes postal orders—I used to address people in the country; I believe they were all artists—I never saw any meeting of the Honorary Council—I never saw Campbell—I do not remember seeing Mr. Viner—I believe the Rev, Mr. Moulton called once to ask when the opening of the gallery would be—Mr. Phillips, M.R.C.S., called to pay a subscription—C.L. Clarke, M.L.D., called once; also the Rev. J.L. Hall, M.A., to know when to exhibit, and inquire about the gallery—his name appears, as he was invited by Morgan to join the Honorary Council; I cannot say if he gave authority for that—the society was at John Street from December, 1889, to July, 1890—letters, in response to applications, continued to come in to the end of December, 1890, from the time of issuing the prospectuses—some were addressed to me, and some to the society—Morgan opened all letters; I saw cheques in his possession—they were frequently drawn to my order—I did not endorse them—I do not know who did—they never passed through my hands at all except for salary and repayment of my £100; I endorsed those—I cannot give the average of receipts—I never saw any book or anything to give an estimate from—I had an art directory—the only books kept by tin Artists' Alliance, at John Street, were the expense book for postage stamps and an alphabetical register of members—I was not altogether satisfied, but this was entirely new to me; I had never been connected with any art society before—that was my first residence in London—I had been a schoolmaster in the country up to that time—I received cheques for the first month's salary—the second month I had to wait till March—then it was regular; I have nothing owing for salary—in July we moved to 20, York Buildings—on one door was painted "Artists Alliance," and on the inner door "James Longman and Co."—the business there was very much the same, with only the books I have spoken of—I saw Steadman there—I became dissatisfied in January, 1890—I gave Morgan notice in writing to repay my £100 and terminate the agreement—I had that right under the fourth clause—I did not get my £100—Aforgan said he could not pay then, he would pay as soon as he was able—then the agreement of 5th February, 1890, was entered into—he then I owed me £15 4s. for services rendered—in that agreement the £100 was to be repaid to me, with 8 per cent, interest, within two months from the 2nd

February, 1890—it was not repaid, but it was reduced by about £20 in varying cheques of one, two, and five guineas; the majority of those cheques came by post to the society from the subscribers—by the time we got to York Buildings the amount owing had been reduced by about £50 in the same way—I still continued to ask for my money—I was in the service from December, 1889, to February, 1891—the amount was then reduced to about £40—then I left—I asked Morgan for the balance before I left—I did not receive £150 salary, but a lesser sum—that was reduced to £80 or £90—I consented to that reduction about the time of the second agreement, about February, 1890; that salary was paid to the time I left, not regularly, fairly regularly—my principal reason for staying on was I wanted money—I wanted my £100, and I was promised I should have it if I stayed on and worked—my solicitor was instructed in January; he wrote Morgan in February, 1891—a portion of my salary is included in the claim for £64 19s. 11d.—he helped me a little—I say a small balance was still owing for my salary—that letter was succeeded by a payment of £30—the account has been reduced to about £30—I was arrested on warrant and charged with the defendants at Bow Street—I made a statement to the police, and was discharged from I the dock and placed in the witness box.

Cross-examined by MR. LEVER. I did not write to or get any reference from Tolmie—I do not remember saying at the Police court that Tolmie never stayed long.

Cross-examined by MR. ONNER. I attended the office from ten to four—I never saw Campbell there—I only saw his name on the prospectus.

Cross-examined by Morgan. (This is (he advertisement—read:"Gentleman, aged 28, well educated, wishes for position where his services and £100 would be acceptable. Duties secretarial. Reference submitted, and must bear the strictest investigation. 42, West Street, Burton-on-Trent,"marked "W.J.M.,5"). I made as good investigation as I could—you showed me the books you produce. (St. James's Magazine, vol. 34, 1878, and another volume; Charing Cross Magazine, several volumes; Church and State, several volumes; London and Brighton Magazine, all conducted by W.J. Morgan)—I was satisfied from them you had some standing, and was correct in describing yourself as an editor—I believe you. told me the society projected was a new one—you asked me to look for grammatical errors in the prospectus, and I did so——I believe you asked me for suggestions; I do not remember that I made any; I do not think I was in a position to do so, because the ground was quite new, and I did not know anything about art—you referred me to the Birkbeck Bank—I cannot be sure about the date the prospectus was sent out—it seems probable I must have written the added par. in the prospectus after April, 1890—I wrote to artists in London—a good many called; some when you were not there, and I saw them; in some cases I took their subscriptions in your absence—there might have been books I did not see.

By the COURT I was registrar, but I had one table; I had nothing to do with any other.

By Morgan. I was dissatisfied early in 1890 because I did not understand it; I thought I would rather go back to my old profession—I do not think I could form an opinion as to its success—"at first," works. were not printed—preliminary business went on inaugurating the

society—I suggested the notice terminating the agreement—I do not remember if it was your writing—I was to withdraw my capital upon terms to be arranged—I did not see anything fraudulent—I think you intended to pay me when you could.

Cross-examined by Tomkins. I do not complain of your reference for Morgan.

Cross-examined by Clarke. You came to John Street with a ticket for a concert for Morgan—that was the only occasion I saw you.

Re-examined. I have always thought Morgan behaved fairly towards me—I left York Buildings 19th February, 1891—upon that day I told him he was a rogue and a swindler—when I used those words I did not mean it; I think I was too severe; I was very heated—that is how I left him—Mr. Eastwood, my solicitor, wrote him—I never noticed the books Morgan has produced, purported to be printed at 5, Friar street, Broadway, E.G., nor the two first volumes of a literary venture, "Church and State"—I never noticed the passage about the Church Defence Association. (Mr. James Gough from the Record Department of the Royal Courts of Justice, produced the Answers to Interrogatories filed in the Action of Swindell v. Morgan and others. MR. MATHEWS read the first answer.)

WALTER FAULKNER . I am a decorator, of The Facade, Brockley—I exhibited a screen at Raphael Tuck and Company's Exhibition in January, 1890, and my name and address were given in a catalogue of that Exhibition—in March, 1890, I received a letter from the Artiste' Alliance, containing a prospectus, which I read—in consequence I went to 9, John Street—I there saw Morgan—I asked him when the prize competition would take place; he said monthly—he said I should be one of the original 500 members—I believed the statements in the prospectus were true—I saw the names of Sir Gilbert Campbell and Clarke on the prospectus—I said to Morgan that the great drawback of these societies was the officers' salaries, I meant that they swallowed up all the profits—Morgan said there was only one paid official in the Artists' Alliance, and that was himself; he said he was manager, at a salary of £30 a year, and that he was only there the latter part of the day—on the faith of the prospectus. and Morgan's statements I paid a subscription of one guinea, and received this receipt. (This was signed W.J. Morgan, manager)—wine time after I received this letter from Morgan, asking me to become one of the Honorary Council—I allowed my name to be put on the Honorary Council—I received the first report of the Artists' Alliance—I also received this announcement that the Artists' Alliance had taken the Marlborough Galleries for the exhibition of members' pictures—I wrote asking my name to be withdrawn after that I received by post this circular, with the name of Dr. Bickersteth on it—I cannot say if there was a second report—in reply to my letter of withdrawal I received a letter asking me to repeat my letter, and then I got another letter of 7th August, 1890, saying my letter surprised them, and they had pleasure in removing my name, denying any failure on their part, and stating that if able legally to do so they should return my subscription.

Cross-examined by Morgan. I cannot say I understood that there were no meetings of the honorary council to attend—I sent no pictures—I had labels to put on my pictures; I lost them, and applied for a second lot, which I never had.

Cross-examined by MR. TAYLOR. I received two prospectuses—on the first prospectus I said before the Magistrate I did not remember seeing Clarke's name, but I said afterwards I found out it was on the prospectus when I looked at it a second time—I never saw Clarke personally—I saw his name on the prospectus.

Cross-examined by MR. BONNER. In consequence of my interview with Morgan and from the prospectus I paid my subscription.

Re-examined. I was affected by the names on the prospectus—I understood Sir G. Campbell was the late Sir George Campbell, M. P.

WILLIAM BROWNGER TAYLOR . I live at Coombe Park, West Berks—in June, 1891, I received a communication, with a. prospectus of the International Society of Literature, Science, and Art, and a members' application form attached. (The letter invited him to become a fellow, as, with a view of making the society thoroughly representative, a resolution had been passed that a number of members of learned societies should be eligible for election on payment of fees; it was signed Steadman)—I believe I the statement that a resolution had been passed—I received this diploma, signed W.J. Morgan, curator; Maunder Hill, secretary; Tolmie and Houston, councillors—I also received a copy of the Pantheon, the official journal of the society, and thereupon I paid a cheque for two guineas, and got this receipt, signed Steadman—on 25th March I received this letter. (Stating that the council had determined he was at liberty to wear the hood and gown, the price of which was £4 4s.)—in May this year I sent another annual subscription of two guineas, and received this receipt, signed Maunder Hill, secretary; I did not apply for the hood" and gown—my knowledge of the society was got entirely from the documents sent me; I was led to accept in consequence of the names I saw on the circular; I thought that such persons would not be likely to lend their names to any institution that was not thoroughly genuine and sound.

Cross-examined by Morgan. The prospectus of the International society bore Steadman's name as secretary—my form of application was filled up by Mr. Faulkner as proposer—I did not notice in the Pantheon an announcement of the general meeting of the members, to be held on 25th May; I did not read it very carefully; it has been only once issued, as far as I am aware—I renewed my subscription in May this year without being asked for it—I was satisfied up to that time and till these proceedings commenced, and then I was enlightened when I saw the case in, the paper—I did not say before, the Magistrate that I was still satisfied with the society: you made the remark to me and I was silent.

Cross-examined by MR. BONNER. 1 did not notice in the Pantheon of March, 1892, that at the close of 1891 Sir Gilbert Campbell's year of office as chairman expired, and that he had since retired from the society—I had a second prospectus after I joined the society, with written on it, "proposed by Mr. Taylor"; on that there is no mention of Sir G. Campbell, but in the first one I received he was described as chairman of the executive council—he does not appear in the Pantheon,

Cross-examined by Steadman. Your name was omitted from the second prospectus I received.

Re-examined I think this third prospectus came with the ree it for the first payment—my name was attached to it, and it asked me to Propose any one else I thought would join.

WILLIAM FORBES GIBBON . I live at Kensington—in October, 1891 I received this prospectus of the International Society of Literature, Science, and Art—I noticed that the subscription might be compounded for life by payment of eight guineas, and I returned the application form asking to be enrolled a life member, and enclosing a cheque for £8 8s.—I received on 17th October this receipt, signed by Maunder Hill—I believed at the time the society to be genuine.

Cross-examined by Morgan. I have not been in Court before—I have said that had I known you and four or five others were connected with it I would not have joined it—I don't know if I was told by the Treasury that there were hundreds of other members—I received the Pantheon, but I looked very little into it—I see on page 3 a general meeting of members and fellows is called for 25th May.

WILLIAM WILBERFORCE THOMPSON . In July, I think, 1891, I received a letter announcing a special resolution of the International Society of Literature, Science, and Art inviting me to become a member—in October I received a repeat letter with this prospectus, and I sent £7 7s. for entrance fee and five years' subscription—this is the receipt—I believed it to be a genuine society.

Cross-examined by Morgan. I know nothing to the contrary now except for these proceedings, and from what I heard through Truth; that shook my confidence very much—I saw only one number of Truth referring to it; I think it referred to the International Society, so far as I remember, and was not of a complimentary character, but made out that it was a bogus affair—my attention was first called to Truth about March, 1892—except what Truth said, I knew nothing to the detriment of the society; I should not say that now—up to these proceedings it was the only thing I knew to the detriment of the society—I never complained or asked for the return of my subscription.

ALBERT YATES . I live at 48, Stern dale Road, "West Kensington—I was the owner of 36, Sperston Road, Hackney, in May, 1890—Tomkins wished to take that house, and gave three references: Morgan, the Adelphi, Strand; David Tolmie, Eresby Road; and Mrs. Wright, Colebrook Row—I wrote to Tolmie, and received this answer of 2nd June. 1890. (Stating that he had known Tomkins for many years, and had no hesitation in saying that he knew him to be respectable, and likely to prove a desirable tenant)—I admitted him as a tenant on a yearly tenancy, I think. £36 a year, from 30th June; he went in after September—I did not get the first quarter's rent, due in September—I tried several times to get it; ultimately I got £1 through a solicitor—I found it difficult to get possession, but ultimately I did so by the key being left in my agent's letterbox in January, 1891—the I was all the rent I got.

Cross-examined by Morgan. I had no reference from you recommending Tomkins.

Cross-examined by Tomkins. I think I got an ejectment order against you; I cannot produce it—some proceedings were taken by Mr. Cable, a solicitor—we applied for an ejectment order, and failed to obtain it.

Cross-examined by MR. LEVER. I do not know that when Tomkins entered on that tenancy he had freehold property of his own, or that he had been a tenant of 5, Friar Street, for fifteen years—I inquired of Mrs. Wright, of whom he had been a tenant in Colebrook Row, Islington,

and found he had been a very desirable tenant, and had paid his rent, and that she was sorry to lose him.

FREDERICK WARREN . I am an estate manager to Messrs. J.W. Hobbs and Co., 1, John Street, Adelphi—in September, 1890, we had this application for the hire of the Marlborough Gallery from Morgan, through Mr. Robert Reed. (This letter was on paper headed "The Artists' Alliance" gave Tomkins, of 36, Sperston Road, and others, at references, and was signed "Morgan")—I wrote to Tomkins, and received a satisfactory reply, and let the gallery to Morgan for three years at £150 a year—if Tomkins had sent an unsatisfactory reply, in all probability we should have asked for another reference—this is the agreement.

Cross-examined by Morgan. You entered into possession at Christmas, 1890, or a little before—you paid the rent regularly every quarter as it became due, up to the date of your arrest, on 4th June, 1892.

Cross-examined by Tomkins. I wrote to the other reference, and found him perfectly satisfactory—I am not aware he is a solicitor of thirteen or fourteen years' standing.

GEORGE MAUNDER HILL . I live at 9, Langham Street—I was at one time a farmer; I am now an agent and collector for—the London, Edinburgh, and Glasgow Life Insurance Company—in December, 1890, I was looking out for employment, and I saw an advertisement in the Echo promising 453 to £5 a week, and mentioning a premium of £50—I replied to the address given, and got this reply, dated 27th December, 1890, signed Morgan, and saying he would be glad to see me to-morrow—I went and saw Morgan, who said he wanted an assistant-secretary—I was to be paid by a commission of one-third of the subscriptions I obtained in reference to the International Union of Art, Literature, and Science, 20, York Buildings, Adelphi—I was to write an average of forty letters per day—Morgan was to give me the letter I was to copy—my premium was to be paid in advance—I had never had a secretary's place before—I told Morgan I had been a farmer—I undertook to pay the premium, and was engaged a few days afterwards, after I saw an agreement—he sent me the agreement, and enclosed a copy of the letter I was to send to intending members—on 30th December, 1890, I saw him, and signed the agreement, and paid my £50 to Morgan by cheque—a fortnight after that, about 15th January, I commenced to carry out my duties by writing an average of forty letters a day, or more—I wrote them from 20, York Buildings, and on the paper of the International union of Art, Literature, and Science—that went on to very near the end of January, and then I turned my attention to the International Society of Literature, Science, and Art—I saw the printed prospectus about that time—I began to write about the same number of letters a day in connection with that society—only a specimen copy of the prospectus of the International Union was printed, and it never got beyond that stage—this form of application for membership in the Union, enclosing 10s. 6d. subscription, is signed by me; I understood that only one copy was printed; but this brings to my mind that money was received by the Union—these are all similar documents, and all signed by me—money was received, of which I got my one-third; I remember it now—I went on writing for the International Society up to the present—subscriptions of one and two guineas and so on came in, of which I got one-third—I read very little of the prospectus of the International Society

before I sent it out; I just glanced at it—I am secretary on one; in another I am assistant-secretary—no one of these six prospectuses of the society is an exact copy of the other, although all are printed; it did not attract my attention—I went on doing this work up to June, 1892, as secretary, having first been assistant-secretary—Steadman was secretary when I was assistant-secretary—I was promoted in July last year; I still had one-third, and still wrote forty letters a day—I did not know of the agreement between Steadman and Morgan till it was produced at the Police-court—Sherwin was there in my day doing much the same for the Artists' Alliance as I was for the International Society, in the same room at York Buildings—I knew him as the Artists' Alliance registrar—Steadman, as long as he remained, was in the same room there, writing these same letters—Mr. Locke and Mr. Du Bois did no writing there—I knew what Sherwin and Steadman did, and they knew what I did all that any one of us did was to send out application forms inviting subscriptions, and get our one-third when they came in; and that was the business—there were books at York Buildings—I had nothing to do with them—I know they were kept by Mr. Steadman from the beginning of the International, in June, 1890—Mr. Morgan kept the postage-book; Steadman kept the register—I saw no other books kept at York Buildings—I saw books kept at Marlborough Gallery at the commencement, when we moved there from York Buildings, Michaelmas. 1891—Tolmie kept them—they were cash-book and ledger—Morgan kept the day-book—there was a minute-book—I cannot say who kept that; I did not; I think Tolmie did—Tolmie kept the register and Morgan the postage-book—a good many prospectuses were issued—I could not say if the bulk of the money was spent in postage—I had no connection with the money—when I first went to York Buildings, "The International Union of Art, Literature and Science," was stuck on the door in large printed paper letters, pasted on—afterwards "The International Society of Literature, Science and Art" was pasted over that—of the subscriptions to the International Union I had one-third and Mr. Morgan had two-thirds—on an inside door at York Buildings was the name of James Longman and Co.—there were two outer doors and this was the innermost—circulars came there addressed to Longman and Co.; I never saw a letter—I could not tell who Longman was—I was in this employment nine months—I saw the name Longman within a few days of the time I was first there—I never inquired who Longman was, and I swear I do not know who he was—there was no one there other than Morgan to represent him, but I could not say that Morgan was James Longman, and I have no reason to believe Longman was Morgan—I have no doubt that Longman was Morgan—I was always paid—I always got my one-third—I sent out on an average forty circulars a day from the middle of January, 1890, to June, 1892—from July, 1891, for twelve months, I had as my one-third share £55 6s.—business was much better after we came to the gallery and opened it, subscribers increased—they were suitable premises for the purpose—I only once got three guineas a week as my one-third—I sent out letters of this kind: that a resolution had been passed tat a limited number of gentlemen interested in Ecclesiology should be elected as members of the society free of entrance fee, on payment of subscription only, and a

similar letter that members of the Iron and Steel Institute were eligible for election—I know Morgan's, Tolmie's, and Steadman's writing well—these documents (produced) are written by them respectively—this agreement between Morgan and Steadman is signed by them—I did not know of that agreement—I do not know Tomkins' Clarke's, or Campbell's writing—this receipt, dated 6th February, 1892, for £61 13s. on account of commission, is in my writing—that was the last commission I had before the arrest—that was from July, for twelve months—it is my salary for July, 1891, to February 6th, 1892—I now say I got £55 from my first commencement in January to July, 1891, and this £61 13s. is from July, 1891, to February 6th, 1892—I occasionally attended meetings of the council at Great Marlborough Street—Sir Gilbert Campbell took the chair—when he did not do so Tolmie was voted to it, as a rule—Campbell' discontinued occupying the chair when he resigned in Christmas, 1891—I saw and read several numbers of Truth from May to October, 1891—my attention was called to this one, headed "Sir Gilbert Campbell, Bart.," of October 2nd, 1891—I don't know if the defendants' attention was drawn to them my attention was drawn to them by the placard—I bought the newspaper, and read it—I did not say anything about it to any of the prisoners—I never discussed the matter with them, or these detailed attacks on my employers—I never mentioned it in the gallery—I read in the paper Morgan's reply to the attack on him—I never mentioned the articles to him—I have mentioned the matter to my own personal friends, but I never mentioned it to Morgan or anyone connected with the office—Morgan, Tolmie, and Steadman mentioned the subject to me—the last article in order of date was the attack on Sir Gilbert Campbell, on 22nd October, 1891—I could not say it was in consequence of that article Campbell resigned—I never asked why he resigned—I read the article upon him, but never connected the two things—a concert was to be given at the Marlborough. Gallery—it was advertised, and tickets were circulated, but it never was given—the place was in the hands of the police—a claim was made in my name, but under the instructions of some of the prisoners, against Mrs. Alcock in the early part of 1892—it was discussed at a meeting how that claim should be brought, and this minute was come to and entered in regard to it, and signed by Tolmie as chairman—it is dated 27th April, 1892, and authorises me to sue on behalf of the company—I was to be plaintiff in the action—the cash-book, ledger, minute-book, register, and day-book were in existence at that time—an appearance was entered on behalf of Mrs. Alcock to that action—I learned, and it was communicated to the prisoners, that Mr. George Lewis had been retained on behalf of Mrs. Alcock; Morgan told me that—Mr. Du Bois, who had been assistant secretary, was to act for me—I knew Mr. George Lewis was Mr. Labouchere's solicitor—the claim was brought in the County-court—there was a discussion as to whether I could be rightly plaintiff—as plaintiff I swore an affidavit of documents in the action, and for the purpose of the affidavit I had to exhibit the books of the society—I had nothing to do with giving the particulars from which the affidavit was drawn Up—I read it over before signing it, but I gave no particulars to make it up from; Morgan supplied the particulars; I signed it—about to time I went to swear the affidavit the hooks of the society were lost

by Morgan, in an omnibus he told me—he was taking them home with him—he used to do so occasionally—he had never lost them before among the books so lost was the society's minute-book—they were advertised for in the papers—they were lost between the date of the swearing the affidavit and the trial; I could not say the date; it was about the date I was called on to swear this affidavit—the affidavit says the books were lost on 6th May, 1892; I did not make out the affidavit, although I swore it—the books disappeared, and nothing was ever heard of them afterwards. (The advertisement was read: "£1 reward.—Lost, last Friday night, between Bond Street and Victoria, black leather bag, containing books and papers. Finder will receive above reward. Marlborough Gallery, 39, Great Marlborough Street, W")—I could not say why no reference is made there to the omnibus—if that was a blind, it was unknown to me—Morgan or Tolmie wrote to the secretary of the omnibus company.

Cross-examined by Morgan. I took your word that they were lost; I saw them before, but not afterwards—there were such books, and they were honestly and properly kept—the minute in this book refers to a minute in the lost minute-book—I did not see you doing business as J. Longman and Co.—I simply saw the name on the door—the projected International Union of Art, Literature,' and Science was abandoned, and the few members who had sent subscriptions were enrolled as members of the International Society of Literature, Science, and Art-Steadman kept the books at York Buildings; I do not recollect seeing Tolmie doing so; he might have done so while I was away on my holidays—300 or 400 pictures belonging to members were exhibited at the Marlborough Gallery—I saw this advertisement as to the lost books in the Daily Telegraph—inquiries were made at Scotland Yard about them—someone came from there and said that if anybody brought them in he ought to be locked up for stealing them, instead of having a reward—this is one of the catalogues of pictures exhibited at the Marlborough Gallery by members of the Artists' Alliance and International Society—the pictures are properly numbered and priced, with the name of the subject and the artist—the catalogue was handed to every visitor who came to the gallery; at first, I think, 6d. was charged for it, and subsequently it was given away this is a supplementary catalogue of the International Society, containing a large number of other pictures—hundreds of free tickets of admission were gent to the public every week, inviting them to call at the gallery; this is one—I know that in consequence of the attack in Truth you offered, in my name as secretary, the Public Prosecutor, in March this year, to submit the books of the International Society to him, or a gentleman deputed by him, for inspection—this reply came from the Public Prosecutor. (This stated that the Public Prosecutor knew nothing of the society except from what appeared in the prospectus and advertisements, and that he was not taking any action against the society)—all subscriptions were paid into the society account at the British Mutual Bank, and on Saturday I received my one-third—I was paid every Saturday for some time, until July; and in July I had a cheque—I used to receive my commission and not give a receipt at the time, and after a time you asked me for a receipt for six months, in order to make the books right—so far as I know, subscriptions as received were paid into the bank to the society's account—I knew nothing about what became of the money received, except from what you

told me, but I know money was paid into the society's account; I have paid it in myself—after Sir Gilbert Campbell's year of office expired these tickets of admission to the gallery were sent out in hundreds weekly (These had Tolmie's name as chairman)—I know there were over one thousand three hundred fellows and members of the society who had paid a guinea or more, and the society was constituted of those members and the council, and not by you and four or five others—none of the one thousand three hundred had paid less than a guinea—at the council meetings an agenda paper was placed before the chairman; the ledger and day-book were on the table, open for the inspection of the council—council meetings were held monthly; at them the progress of the society was reported, and paid engagements procured for members at concerts, and sales of pictures were reported—the Pantheon was sent to every member of the society, to all the. one thousand three hundred—the society's gold medal and money prizes were announced in the Pantheon, as offered for the best essays on subjects suggested by the Daily Telegraph—other gold medals were offered for the best invention, and for the best pictures illustrating certain subjects—the council had given you instructions to have a gold medal struck—the Pantheon stated that the competitions were to close on June 30th, 1892, and the gold medal was to be ready in time for the awards—I saw the announcement in the Pantheon, to fellows and members, that a general meeting would be held on 15th May, 1892; and the announcement that fellows and members requiring occupation could have advertisements inserted free of charge in the society's journal; and that in connection with the employment bureau active fellows and members were invited to have their requirements entered on the register free of charge, and were invited to suit themselves through that agency—on page 4 of the Pantheon there is a balance-sheet of the society for December, 1891. (In this the liabilities were £1b, and the balance, being profit in cash at the bank, £ 140)—the ledger was not lost in the omnibus—particulars are given in the Pantheon of the four departments of Art, Literature, Science, and Music—a list of members available for entertainments and concerts is given; members are invited to send in pictures for competition, and to avail themselves of the advantages offered by the society—I had no reason at any time to complain of you or of your conduct of the society—I make no complaint against you, although you had £50 from me—I was perfectly satisfied with the agreement you made with me—I have always found you honourable and straightforward to me, and you have always treated me well—this is the back page of the programme of the concert arranged for 7th June, three days after the arrest; I find on it the names of a number of members as singers—they are all members except Miss Kingham, who was manager of the musical department—on the inside are the names of the members singing and their songs—there is a notice that those members are available for concerts, etc., and that application must be made at 39, Great Marlborough Street—on 11th December, 1891, a concert was given by the society at the International Hall, Piccadilly Circus—this is the programme, giving the names of the members singing and their songs—on 23rd January a Dramatic and Humorous Recital was given at Steinway Hall, at which members of the society were engaged—on February 2nd, Princes' Hall was engaged for a Grand Charity Concert in aid of the funds of the Poor Children's Dinner Table, East

Dulwich—members of the society were engaged to sing—I understood Mrs. Alcock, being interested in the Poor Children's Dinner Table, was to pay for them—the society, through me as secretary, brought an action against her—the solicitor engaged for us was away, and you were not able to attend, as you were in Holloway—a nonsuit was entered; I was not there, but notice was sent to me—I was the plaintiff by name I went to the County-court on the first occasion—the case was not reached then—I heard the next day fixed; I did not go then—I had no occasion to be there, I really had nothing to do with it; I was plaintiff—I had no one to go with on the second occasion, I don't know why I did not go—I did not understand from the solicitor that I was required to go there—I did not know that application for postponement was made—I saw by the papers that the society was represented by a solicitor it is within my knowledge that members of the society received paid engagements to sing there—on 22nd March this year Princes' Hall was again engaged for Miss Winifred Parker's Concert; members of the society were engaged for it—letters were sent to the members and fellows announcing these concerts, and enclosing them tickets to be purchased at half-price, and asking for their patronage and presence—Rod en Pearce was secretary of the musical department—in June, 1892, circulars were sent out, stating that in consequence of the action of the police the concert Had to be abandoned—the council tried to give fellows and members paid engagements, and to get wealthy fellows and members to come to concerts as part of the audience, and then get paid engagements from the wealthy members who gave "at homes" for the performers—the council wanted to be useful to the members and fellows, and get them paid engagements—a large number of carriages attended at the Marlborough Gallery on the 7th, and a number of members came to sing, and had to go away; it was after the arrest—the public were not allowed into the building; the police were in possession—at the meetings of the council everything that could be suggested as being useful to the members of the society was done—concerts were given; pictures were hung and sold-since May or June, 1891, the gallery has been open daily for the sale of members' pictures and works—there were counters exhibiting art needlework, which at night were carefully covered up with sheets; every care was taken of members' works—I heard of a complaint from Mr. Black, the novelist, of his name being on the prospectus, but his name was not on; it was Black, J. P., of South Shields-that was the only complaint I heard of—no concerts or entertainments were given before October, 1891—the musical department was one of the latest opened by the society—Mr. Pearce was engaged at the time we left York Buildings, which was on the 1st or 2nd October, to work up the musical department, and these concerts were the result of that department's operations—I know nothing about this lodger; it is the first time I have seen the figures—I first saw the books at the gallery on my return from my holidays in August, 1891.

Cross-examined by MR. LEVER. As far as I remember, Tolmie entered into the International Society's employment in January, 1891, and his name was on the prospectus, with me as assistant-secretary—Sherwin left on 12th or 19th February—Tolmie was working in the same room with me end I saw what his work was; we each had a separate desk-his worn: was very similar to mine; writing letters—I don't think he kept

any books at the first—he took no part in the higher management of the society—I don't know what Tolmie's commission was; he told me he was receiving commission—after a short time he left, about April or May, 1891—he told me he was leaving because the commission he received was not sufficient to keep him—I next saw him in the employment of the society the following August—he returned during my absence for a holiday—he did not take up the same duties, but was employed in keeping and entering up books, and work of that kind—I don't know if he was paid a salary—after the books were finished he again wrote circulars and letters, and took salary by way of commission, and he continued doing that work and receiving that commission until his arrest—after Sir Gilbert Campbell resigned, Tolmie occupied the position of chairman pro tem., being elected by the council at their last December meeting, until some more suitable person could be found—I heard it so stated at the council; I do not know if his salary or commission was raised; I know nothing of what he received—I had no suspicions as to the bona fides of the society—I should have regarded Tolmie as one of my superiors during the time he was chairman; before that I should not have done so—Tolmie continued to act as chairman up to the time of the police coming.

Cross-examined by MR. TAYLOR. I never saw Clarke before I saw him in Court—I do not know Fear or Croft—some letters inviting people to join the society were sent out and signed in the name of Clarke from the International Society—I cannot say who signed those; it was through Morgan's instructions—I never saw Clarke there, and so far as I know he had nothing to do with the International Society—I know nothing of the Artists' Alliance, except that it was at the same building—I never saw Clarke at York Buildings, or at the Marlborough Gallery.

Cross-examined by MR. BONNER. I saw Sir Gilbert Campbell a few times at York Buildings and at Marlborough Gallery, and occasionally at council meetings at the gallery, in the chair—I could not say the first time I saw him there; the last council meeting was in November or December, towards the end of the year when ha resigned—I could not say if I last saw him there in October, November or December—I think it was either in October or November, not so late as December—I will not swear I saw him at a council meeting after October—I saw him three or four times at Marlborough Street—I never told him I was receiving one-third commission upon subscriptions—I never heard it mentioned at the council meetings that Morgan and Steadman were dividing profits—I never knew of this agreement till it was produced in Court—I do not think I was dividing the profits with Morgan; I got my part—it was never mentioned at the meetings that Tolmie was getting commission—ordinary business took place at the meetings—I reported nothing; Morgan did it—progress was recorded on the minutes—the minutes of the previous meeting were read at each of these three or four meetings—there was not much need to have a chairman, but there always was one—I was not a councillor; the prospectus said I was one—Stone and Houston were on the board—I saw other councilors besides them and the prisoners—Houston and Stone, attended the meetings there was an agenda for another meeting after March, 1892—there was a meeting in Stay, but the minutes were not written in the book—I cannot tell why that was not done.

Re-examined. I knew nothing of literature, science, or art—I found farming not good enough to go on with—Morgan and Tolmie had the working of the society, and they, as far as I know, possessed knowledge of literature, science, and art—all I did was to ask members of the public to subscribe; there was first the letter and then the repeat letter—money was obtained from 1,300 people by means of these letters——I saw about twenty of them at the gallery, extending over twelve months—I don't know how Morgan got into that position; I never inquired—he signed the cheques—I took the money for the concerts at the doors on two occasions; once I handed it to Morgan, on another occasion to Mr. Pearce, who had nothing to do with the banking account as far as I know—if a picture was sold, Morgan took the money—during the whole time I was connected with the society I only know of one picture being sold; I think more than £1 was given for it; I could not say—I suppose Morgan paid that money into the bank; as far as I know it went into his pocket—I think it was purchased by Mr. Tewson, the auctioneer—you must have something 8 you are getting money from 1,300 people—the catalogue is published by James Longman and Co., and embellished with a picture of Steadman—I cannot say if Morgan was James Longman and Co.—there was no one to represent James Longman except Morgan—I do not know if they were the same person—I don't know who was the author of the Pantheon; I had nothing to do with it—I have no doubt Morgan was the author—it is No. 1 of Vol. 1 it was sent broadcast all over the place—every one of the 1,300 persons had it; on the back is the invitation to subscribe, with information about the letters after one's name, and the hood and gown—I was never present at an examination; I don't know who as examiner—I saw no old medals nor money prizes, nor certificates of merit—I don't know who handled the provision for decayed fellows, nor who was responsible for the literary department—Morgan had the artistic department under his special care—I cannot say who benefited by the society except the prisoners and some of the secretaries; I did not—none of the persons I know of did any work except write these letters and repeat letters—apparently the object was to get in money—I do not know why my' name was used in the action that was brought—I did what Morgan told me, I suppose—Morgan talked at the council meetings—I did not know Morgan was going to write to the Public Prosecutor—I never saw the letter written to him in my name by Morgan—I saw the reply—the attacks on the society were not discussed at the council meetings—during the twelve months or longer I had to do with the society, Morgan, Tolmie, Campbell, Stone (who had been assistant-secretary), and Houston (a councillor) took part at the council meetings—I don't remember any others—Morgan had the books, and the number of members who had joined since last time—I thought Morgan was paid by salary—neither I, Houston, Stone, nor Tolmie was his master.

By the COURT. I know that the council gave directions and authority to draw and sign these cheques—I saw a hood and gown; it was kept in the gallery, in the safe, I think—it was acquired in the early part of this year—I never saw it used; it was kept there to show to people when they came in and asked for it—Morgan took the initiative when a subscriber came in—he would bring the matter of the hood and gown up,

and would say, "This is the hood and gown mentioned in the prospectus"—I do not remember it being discussed at a council meeting whether anybody was worthy to wear them—I never saw anybody in it.

JOSIAH KILNER . I am clerk to Messrs. Lewis and Lewis, solicitors, of Ely Place—I produce the original of the Morgan and Steadman agreement, which Messrs. Lewis and Lewis had possession of, for the purposes of the action.

Cross-examined by Morgan. It is between William James Morgan and William Nathan, herein called W. N. Steadman—it is not stamped—Mr. Lewis handed me the document—I know nothing further about it (This agreement stated that whereas W. J. Morgan was establishing a business under the style of the International Union of Art, Literature, and Science, and desired to engage Steadman as secretary, it was agreed that Steadman should conduct the correspondence, keep the books and register of members, and write or cause to be written letters of invitation to likely members, engaging, if necessary, clerical assistance, to be paid for by him, and that all payments obtained through letters written by Steadman should be divided equally between him and Morgan.)

WILLIAM RUSSELL LOCKE . I live at 221, Cornwall Road, Notting Hill—in April, 1891, I saw an advertisement in the Daily Telegraph for assistant-secretary, address Secretary, Wells Street, Grays Inn Road—I replied by letter, and received this answer; (This stated that a premium of £50 was required; that the work would be partly canvassing by letter, salary £1 a week and commission of 15 per cent.; that the appointment would continue so long as he supplied 300 letters a week, and it was signed "W. N. Steadman")—I went to the address given, 20, York Buildings, and there in a room on the ground floor I saw Morgan and Steadman—Steadman introduced Morgan as the curator of the society—they showed me an agreement ready drawn, and asked me to pay £50—some question was raised about the form of the agreement, but afterwards I executed the agreement, and paid £50 to Steadman—this is his receipt for it—I was supplied with a copy of the kind of letter I was to write. (This was to the effect that the council had resolved that a few members of the learned societies would be eligible for membership on payment of a compounded life membership of three guineas)—I was to turn out 300 a week of such letters, and if I wrote more I was to be paid in proportion—I was supplied with stationery and prospectuses—I took the 300 letters I wrote a week to Steadman at York Buildings—I saw him and Morgan 'there—I was also supplied with the repeat letter—printed lists of the addresses of people I was to write to were supplied to me by Steadman—after a time I complained to Steadman of not getting my salary—I went to his house at Talgarth Road, but did not see him there—afterwards I saw Morgan, and complained to him—I went on one occasion to Talgarth Road with my solicitor, and got a cheque from Steadman for £2 10s—I took proceedings against him in the County-court and got judgment—a cheque for £2 10s. was agreed not to be paid in—another cheque was returned "Refer to drawer," and I saw him and he gave me £3 in money—I continued to write the same kind of letters for Morgan—I saw at York Buildings a register of the persons who had answered the letters and paid subscriptions—all the work I did for the society consisted in writing these letters and the repeat letters—that went on for about twelve

months, to about April, 1892—my attention was attracted to the article in Truth—I think I heard Morgan speak about losing the books, but not very much—I did the copying at home, and was only there for about half an hour on Saturday—I saw first Steadman, afterwards Morgan and Toimie, in connection with the society—I saw a copy of the Pantheon—I saw nothing of gold medals, prizes, or certificates—I was not present at any examination—I saw the hood and gown at the gallery—I was not present when anybody parted with money for the right to wear it—at the end of about twelve months I wrote, asking for my name to be taken off, partly in consequence of something that came to my knowledge.

Cross-examined by Morgan. I have no complaint to make against you, nor against the society—my complaint was against Steadman—as far as I knew, you always honourably carried out your contract with me—I had only a verbal, and no written agreement with you—I was to receive 10 per cent, from you for writing the letters—I got that—the agreement prevailed from the time Steadman failed to fulfil his contract until the time of the arrest—you did not discontinue the contract—you paid me every penny due from you—you told me in August, 1891, that the council had asked Steadman to resign, partly in consequence of his treatment of me and of Mr. Du Bois—you told me he had resigned—I never saw him at the gallery afterwards—I saw several books at York Buildings; I could not pay what they were—I was told I was not entitled to attend at the council meetings—I have not heard of persons' names being wrongfully used, or of complaint—I made inquiries from friends about Truth, and heard it was not considered a truthful paper, and I did not pay much attention to it then—I did not consider it was a paper to be relied on; neither the paper nor its editor seemed to be thought much of, from what I heard—I always thought the objects of the society were being properly carried out—I left partly, if not wholly, on account of bereavement, not from any fault I had to find with you or with the society—I was at the gallery on the Saturday on which you were arrested—I was assisting in making and fixing a platform for the concert which was to take place on the Tuesday.

By the JURY. I received £51 odd altogether as salary and commission—that was all that was due to me, except what Steadman owed me—I did not get my premium back; I am £1 clear of what I paid, and I did a year's work.

Cross-examined by Tolmie. I saw you once or twice, I believe, at York Buildings, before the movement to the gallery—I have frequently seen you since at the gallery—as far as I could judge I saw you occupied in ordinary clerk's work—you had nothing to do with the arrangement I made with Steadman and Morgan.

Cross-examined by MR. TAYLOR. I was only connected with the one society—I never saw Clarke before I went to Bow Street.

Cross-examined by MR. BONNER. I only saw Campbell once, when he came to York Buildings on a visit to Morgan.

Cross-examined by Steadman. Since these proceedings, about three weeks ago, I received a letter from you expressing your desire to repay me.

Re-examined. That was after Steadman had been committed for trial—I considered myself one of the assistant-secretaries to the International Society—I saw Campbell's name on the prospectus as president—I saw

by the new prospectus that Tolmie succeeded him—I did not know how Tolmie was connected with the society—my agreement was with Steadman, and the blame was placed on his shoulders—I worked for a year, and got in the end £1 6s. for my work—I cannot say I was very pleased.

FREDERICK DU BOIS . I live at The Maisonette, East Putney, and am a solicitor—in July, 1891, I saw an advertisement in the Evening Standard for an assistant-secretary in connection with the International Society of Literature, Science, and Art—I replied to it, and received an answer purporting to come from Mr. Steadman—in consequence of that I went to 39, Great Marlborough Street, by appointment—I saw Steadman there, and while talking to him Morgan came in—the advertisement mentioned a premium of £200, payable in advance, as a sort of security—I believe really it was a premium for the appointment, which was to be £150 a year, with annual increments of £20 a year up to £300, for multiplying in duplicate a form of letter given to me—this agreement was sent to me, executed by Steadman, and in hit handwriting, with Morgan as attesting witness—prior to the execution of the agreement I paid my £200 premium by this cheque, dated 1st August, which was not to be presented within a short time—directly after this I went to the Marlborough Gallery, and began there my duties, which consisted of writing these letters soliciting subscribers—I got my first month's salary, but no more—I went there on August 1st, 1890, and was in the building up to the time of the arrest on 4th June, 1892—when salary was owing I spoke about it to Morgan—I don't think T saw Steadman (to whom my £200 was paid, and with whom I entered into the agreement) after the first month's salary was paid; he was no longer at the gallery—Morgan was there constantly after 1st October—I complained to him in October about Steadman's treatment of me, and about the articles in Truth, which I saw some time after they were out—I did not read them all; I don't think I read the one on Sir Gilbert Campbell, in October—I saw one with an answer from Morgan-explained it mostly away; he said, "It is one of Labouchere's tricks," or something of that kind—I remained on on different terms; this agreement shows what they were—I entered into it at the time of mentioning the Truth articles, and afterwards it was reduced into writing—I asked Morgan what I had better do as to proceeding against Steadman, and he said he did not think it was much good to proceed against Steadman, as it would do the society, which I still believed in, such a lot of harm, and there was nothing whatever to be got from Steadman—he said other officials had suffered with respect to Steadman—under the new agreement I was to be permitted to use the office at Great Marlborough Street as a solicitor, and write only one hundred letters a week; there had been no arrangement before as to the number—I was to give free legal advice to any of the councillors or any of the officers on their behalf—I should say on an average about 1,200 letters went out a Week—I believe that each secretary was supposed to open his own answers, but failing that, Mr. Fenwick would do it—the letters contained cheques and money, which Morgan appeared always to take—I never attended a council meeting—I knew of one being held, but I never actually saw one held—, I have seen Campbell and Tolmie there—Steadman was never continuously

there—I only saw him there two or three times after I was engaged—they were ail down at York Buildings when I was at the Marlborough Gallery at first, with the exception of their employes—I saw Morgan and Tolmie at York Buildings, and I think Hill—I was introduced to Campbell there as the president, I think—I did not see Steadman there—I saw him about five times in all at the gallery—I last saw him at the end of September or beginning of October, 1891—he and Morgan went out together then—I saw Campbell once at York Buildings and two or three times at Marlborough Street—I saw him there on days on which I was told a council meeting was going to be held—they did not come to Marlborough Street till October, 1891; and it would be after October, 1891, that I saw Campbell there—I was appointed solicitor to the society in the action brought by the society against Mrs. Alcock—books had been kept by the society up to that time, and they were lying about—I asked Morgan who was to be made the plaintiff in the action—it was determined that Hill should be made the plaintiff—I advised them that at the next council meeting they should appoint Hill plaintiff; it did not seem quite dear from the Act of Parliament who should be appointed—I cannot say I looked into the Mortmain Act very carefully—I was only solicitor to the society—by my advice Hill was made plaintiff—it became necessary to make an affidavit of documents, and about then the books were all lost in an omnibus, so I was told—I saw nothing in the society itself to object to—I got no salary after the first month, except that I got a small commission on the 100 letters a week—I paid £200; I got £12 10s. in cash, and gave the whole of my year's work; but I carried on business there, and I thought I would take it out in rent; I was not very pleased.

Cross-examined by Morgan. It was Steadman owed me money—I saw nothing to object to in the way you carried on business—you told me that in consequence of Steadman's treatment of me he was dismissed by the council—I have seen the minute-book, with a large number of entries of minutes in it—I believe it has been repeatedly left in the inner office, which I used—you showed me the minute of the removal of Steadman—I have been absent when council meetings have been held—I was not a councillor—on many occasions you gave me notice that you would require my room for a council meeting—I never read the Mortmain Act through—I am afraid I took it for granted that I thought I was appointed under this Act—the agreement subsequently made between me and the society was honourably kept by the society and you—I drew it—I was paid every penny from September, when I commenced, up to the arrest—I have seen you making up bank-slips for payment into the bank, and I have seen you stamp cheques to the account of the International Society—I have seen cash-book, day-book, ledger, and other books of the society in the inner office—I have, under the terms of the agreement, on several occasions given free legal advice to members and fellows of the society; it was one of the advantages offered to members—the society hung and exhibited its members' works—I have personal knowledge of five sales of pictures—I believed the society was genuine up to the day of the arrest—I have no cause of complaint against the officers, excepting Mr. Steadman—I was perfectly content with the agreement I made, right up to the time of the arrest—I saw in the first minute-book, which was lost, that the appointment of Mr. Hill to sue in the action was brought

before the council—you told me inquiries had been made at Scotland Yard about the books—I have seen at the Marlborough Gallery two or three of the persons whose names appear on the front page of the prospectus—I can only say that two, so far as I can say, I was personally responsible for; one was the Hon. and Rev. Viscount Moles worth, and the other was, I think, Lady Willoughby d'Eresby—I introduced also the Duchess of Newcastle, the Duchess of Portland, and the Duchess of Sutherland; I mean I wrote letters to and got answers from them—I never imagined I was assisting in a fraud—members' pictures were properly hung at the gallery—I know there were several members who received paid engagements; I have seen their receipts, and the cheques of some—I know great efforts were being made to induce people to come to the concerts—I was present at the concert at Steinway Hall—I know the society expended £49 over it, at any rate—I had all the receipts—the amount was made rather less in order to bring it within the County court; certain claims were not pressed—I never saw you act as James Longman and Co.—no pictures were ever hung in the w. c.; I believe one was found there—it was not used as a w. o.; it was stopped up, and used as a store-room—a bill of the Guardian Insurance office was hung up in my office over a picture, and the picture could not be found—I don't know if I hung up the bill; if I did not a clerk did by my instructions—I was agent for the Guardian, and no one was interested in that office bat me.

Cross-examined by Tolmie. I first saw you at York Buildings three weeks after! joined as secretary—I should say on 1st August—X saw you almost daily at the gallery—you appeared to be keeping books and writing letters and doing ordinary clerk's work, so far as I could see—I believe you had nothing to do with the arrangement between me and Steadman or me and Morgan.

Cross-examined by MR. TAYLOR. Morgan instructed me to write letters in the name of Atwell, who appears to be a member of the honorary council, and I did so—I never saw Atwell there—I do not know that anyone was instructed to write letters in the name of Clarke.

Cross-examined by MR. BONNER. I used to call at York Buildings, and I first saw Campbell there in August—I saw him four or five times at the Marlborough Gallery—I should say that I last saw him the middle of November—I think he resigned in November—the agreement I signed was entered into between me and Morgan, and had nothing to do with any of the others.

Cross-examined by Steadman. Three weeks ago I received from you a communication, which I handed to the police—it expressed a desire to repay the money you had had from me.

Re-examined. I am twenty-five—I did not understand how it was Morgan handled the society's money, or who had appointed him to do so; 1 presume he did so as agent—it was no business of mine to inquire—I don't know now who had appointed him—I saw the original prospectus—people paid to go to the concerts; I did so on one occasion—I don't know what was done with the money; it was no business of mine—one picture was sold for £10, and I think a pair were sold to Mr. Tewson for three guineas; and I recollect two others being sold—I presume Morgan took the money—Campbell and Tolmie were not allowed to handle the money; only Morgan handled it—they never told me how it was the

paragraph appeared that the society was incorporated under this Act of Parliament—I never asked.

Thursday, 22nd September, 1892.

ALICE EMEEY . I am the wife of John Emery, of 13, Wells Street, Gray's Inn Road—in January, 1891, I had a furnished bedroom to let—I advertised it in the Echo—a William Nathan Steadman, of York Buildings, applied for it; the prisoner Steadman is the man—he took the bedroom at 5s. a week—his reference was Morgan, of York Buildings—he went into possession in February—I had difficulty in getting the rent—he advertised from my house; I have seen the advertisements—letters came—he said he had advertised for an assistant-secretary—he showed me some bank notes.

Cross-examined by Morgan. Steadman showed me a letter he said came from you—I did not write to or receive a letter from you. Cross-examined by Steadman. You do not owe me any rent.

WILLIAM GEOEGE PALMER . I am a clerk, in the employment of W. H. Smith and Son—I live at 56, Talgarth Road, West Kensington; I let lodgings there—in August last year I let Steadman some rooms at 25s. a week—he said he had been living at No. 22 in the same road—he paid a sovereign deposit, and the balance and for his keep at the end of the week; he said it was more convenient to him to pay once a month—at the end of the month we presented the bill but could not get the money—he left in September, owing £11 10s.—after he left several persons called—he wrote letters, circulars, and pamphlets; I saw great piles ready for posting of different things—I recollect his taking a great quantity to the post one day in a bagquires of paper with this heading were left behind: "International Society of Literature, Science, and Art," etc., "Chief Secretary's Office, 22, Talgarth Road," etc.—he also left some copies of Truth—I sold these documents (produced) to a person who called at my house about the end of October. (Read agreement of 8th December, 1890, between Morgan, of York Buildings, and Steadman, of Bloomsbury, whereby Steadman was to act as Secretary to the National Union of Art, Literature, and Science, to pay for clerical assistance and postages, Morgan to provide paper, envelopes, and pay rent, printing, and other charges, the receipts to be divided equally)—after Steadman left I went to the Marlborough Gallery—I saw Morgan—I said, "Can you tell me where Mr. Steadman is?"—he said, "No"—I pressed for a better answer than that, and told him how he had served me at the lodgings, and he smiled and said, "You are not the first one he has served like that," and that Steadman had been dismissed from there; he knew nothing about it, and politely showed me the door.

Cross-examined by Morgan, I noticed the agreement was not stamped.

Cross-examined by Steadman. " Paternoster" was the name of the man who bought the papers—he was agent for Truth—he paid £2 for them—I have not disposed of the other goods you left; they are not worth it—I sold two or three old pairs of trousers—you left about 50 books, standard editions of the poets, classical and biographical dictionaries, all in good condition, clean, and neatly bound, and worth about one guinea to me to keep—the edition of the poets was 7s. 6d.—you left a dressing-gown, too small for me, and an old one; three boxes, one large, worth about 5s., and a coloured photograph I have still—it is not worth three guineas

—I am no judge of art—I advertised that you were' to come, or these goods would be sold to defray expenses—you told me you were busy bringing out a book of poems—the servant told me proofs came from the printers—you did not say you were very anxious and much worried about this book—I will not swear I saw you write on the headed paper—my wife said you gave her £1—that was to come off the total—I have given credit for it—I received a letter from you, not saying you were in financial difficulties and would be happy to pay in a few days, but that you were on your way to Brighton, and you addressed it from Charing Gross—it was a postcard—I have not got it—you have never claimed the goods.

CHARLES FREDERICK WATERS . I am a clerk of the British Mutual Banking Company, Ludgate Circus—this is an account opened by William James Morgan—this is the application of 7th March, 1891. (Giving address as 20, York Buildings; occupation, artist; and reference, Ernest Wallace, Esq., 13, Eastcheap, E. C.)—this is the reference. (March 11, '91: "I believe Mr. Morgan will make himself a desirable customer to you")—Morgan drew cheques—the last was 19th February, 1892, when £43 was drawn out, leaving a balance of 18s. 8d.—the amount which passed through the bank is £554 7s., 9d.—I produce form of application on behalf of the "Artists' Alliance" (dated 13th April, 1891)—there is no reference, because Morgan had already an account—he operated upon that account—the last time on 31st December, 1891, when there was a credit balance of £23, including 5s. 6d. interest—£202 lis. 3d. passed through the bank—this is the cheque-book of the Artists' Alliance—these accounts are taken out tinder the Bankers' Act—I also produce application of William Nathan Steadman to open an account, of 5th May, 1891, address, 20, York Buildings, occupation secretary, reference, W. J. Morgan; also certified account—Morgan came to us—that account was operated upon by Steadman from May 5th to September 3rd, 1891, when there was a balance of 19s. 3d.—I see payments on May 5th, £50; 9th, £50; and July 31st, £200—£362 0s. 6d. passed through the account—I also produce application and certified account of James Longman and Co., of 20, York Buildings; reference, W. J. Morgan—the first entry is June 2nd, 1891, and the last 20th August, 1891—Morgan operated on the account—Morgan and Longman I understood to be the same man—I recognize his writing—he drew cheques signed James Longman and Co.—the amount which passed through the bank was £26 13s., and 4s. 6d. interest—I produce application of 12th August, 1891, and an account of the International Society of Literature, Science, and Art, W. J. Morgan, curator; address, 20, York Buildings, no occupation and no reference—that account was opened 12th August, 1891, the last entry is June 13th, 1892, when there was a balance of £25 1s. 1d.—that account was operated upon by Morgan—the amount paid in is £32 7s.—I see entries Glasgow, Greenock, Girlock, Guernsey, Dundalk, Welshpool, Gtalway, Provincial Bank of Ireland, Inverness, and others—those are charges made by those banks for collection on cheques not drawn in England—(Charles Richards, Inspector, produced pass-book found at Morgan's private address, 38, Lynette Avenue)—that is not Morgan's original passbook, but one we issued on his application on 8th April, 1892, on his statement that he had lost his pass-book—on January 11th, 1892,

Morgan has written his name opposite £30—he having the cheques, wrote the names, and we filled in the amounts from the ledger—16th January, D. Tolmie £2 6s. 8d.; 29th February, D. Tolmie £2 16s. 8d.; 19th February, No. 447 £200, and No. 446 £30; March 1st, Sir G. Campbell £2 2s.; 5th, £5 5s.; 24th, D. Tolmie £2 16s. 8d.; the names being Morgan's writing, the figures ours—19th April, Morgan £20, in our writing; 17th May, Tolmie £1 18s.; and 25th May, Tolmie £2 16s. 8d.—the total passed through the bank on the International account was £1,830 1s.—up lo June 13th the balance was £25 1s. ld. that is the last entry here, but there has been a transaction since, and I believe the account is closed now—between 7th March, 1891, and 13th June, 1892, five accounts were opened at our bank, four by Morgan and one by Steadman, with Morgan as a reference, the total amount passing through those banks being £2,613 17s. 5d. on Morgan's four accounts, and £362 0s. 6d. through Steadman's account, making a total of £2,975 17s. 11d.

Cross-examined by Morgan. 7s. 6d. was charged for a new pass-book—the date is 26th May, and not 8th April—it was not entered at the time, but the pass-book was supplied in April—that is the time the entries start from—we had the cheques at the time we made up the new book—you applied for a new pass-book directly after you lost the old one in April—your transactions appeared satisfactory—no cheques were dishonoured; no complaints were made—Du Bois' cheque for £200 was paid in on 31st July, and credited at once—it passed through Steadman's private account—this pass-book stops at August 11th, 1891, with a balance of £23 3s. 7d.; the balance now is 19s. 5d.—I have not been able to trace 7s. 6d. for pass-books on 26th May in any book—the book was supplied on some day between 8th April and 26th May—I have looked, and I cannot see that any cheques have been paid to you for the balance since Steadman's pass-book was made up.

Re-examined. The cheque for £1 13s. paid in on 3rd June is drawn by Steadman in favour of "James Longman and Co.," and is so endorsed in Morgan's writing.

CORNELIUS SEXTON . I am a detective-sergeant of Scotland Yard—I arrested Steadman on 2nd July at Brighton, at the Police-office, where he was detained—I read the warrant to him, charging him with obtaining money by false pretences, with intent to defraud—he replied, "Well, I am perfectly innocent of the charge, and most willingly accompany you; Lord Salisbury is severely to blame that I am mixed up in this unpleasant business at all; now, officer, do your duty, I shall be very pleased to do mine"—I took him to London by train, and conveyed him to Bow Street—he was charged; he made no reply—I searched Steadman's house at 22, Stirling Road, West Brighton—I found three cheque-books of the British Mutual Bank, and one passbook, a number of paid cheques, one which has been produced, payable to James Longman and Co., for £1 13s., endorsed by Morgan, and one to Self, £168, and a number of papers, amongst them a letter to Steadman on International paper, 20, York Buildings, of 11th August, 1891, and addressed 22, Talgarth Road—("Dear Steadman,—You are really too unkind. Come up and see me, even if you go back again Send me cheque, too; I am in an awful hole through your unkindness I do hope you are better. With love, yours ever,—W. J. M.")—that is

Morgan's writing—I know his writing—also this letter, with the game heading, of 14th August, 1891—(commencing, "Pear Steadman," and stating, "Unless you meet me to-morrow, Saturday, 11.30," etc, he would not be answerable for what would happen)—another, of 7th August, 1891, forwarding £60 in notes to Steadman—also memorandums relating to forwarding 5,000 circulars of the society, and in relation to Bridge Street—also letter from Tompson, a solicitor, respecting a witness—I was present when Inspector Richards arrested Morgan on 4th June, 1892—I took him to Bow Street—I searched him—I found on him two rough minutes, one in Morgan's writing, the other in Tolmie's; a cheque-book of the British Mutual, Sir G. Campbell's visiting card (of Junior Conservative Club, W., with "Albemarle Street" in pencil); a receipt from J. J. Davis for £1 for services rendered, and some unpaid vouchers of the International Society.

Cross-examined by Morgan. I do not find any document of any printer belonging to Steadman, with any charges in connection with the International Society. (Memorandums of circulars from Drake, Driver, and Leaver, Limited, printers (produced), addressed to W. Sargent, Esq.)

S EBGEAT HAYTER . I am a detective, of New Scotland Yard—on 7th June I arrested Clarke at the Banbridge Police-station, county Down—I said, "Is your name Charles Montagu Clarke?"—he replied, "Yes"—I said, "I am an officer of the London Metropolitan Police; I hold a warrant for your arrest"—I read the warrant to him—it charged hint with conspiracy and fraud—he said, "Very well, I know the persons you refer to, and I am not 'surprised at two of them getting into trouble, Tolmie and Morgan, but I cannot understand about Sir Gilbert Campbell, and I have read about the case in the paper, but I have had nothing to do with it; in fact, I caused my solicitor to write them a letter about my name being on the prospectus without my sanction"—I conveyed him to London, and charged him at Bow Street—he made no further reply—he said he was of no occupation—an officer at Banbridge offered me a pocket-book which he said, in Clarke's presence, he took from him—it contained letters and memoranda, including four cheques, one payable to Dr. Clarke for five guineas, also a card of Sir Gilbert Campbell, and two envelopes addressed in print of Dr. C. Montagu Clarke (documents produced)—I arrested Sherwin, who was afterwards discharged—I arrested Tolmie on 4th June—I took him to Bow Street, where he was charged—I found on Tolmie, or at his house, paper headed "Association of Accountants and Auditors, Sir G. Campbell, Bart., President;" visiting cards in the name of Ward; letters relating to the International Society, forwarding prospectuses; a letter addressed to Sir G. Campbell, which had passed through the post, threatening proceedings for rent, from 9, Prince of "Wales's Road • a letter to Tolmie that the authorities from Scotland Yard were after them; and several letters requesting return of money sent for Treatise on Double Entry from different persons—on Clarke I found paper headed "Dramatic Union, Wardour Street; Music conducted by Dr. C. M. Clarke, 1d. weekly;" a pawnticket in the name of O. M. Clarke, Amhurst Road, for 15s. for a belt, and dated 24th April, 1891—I had seen Clarke write, and know his writing—the reference stating the Authors' Alliance would be desirable customer, and that Clarke had known the manager, W. J. Morgan, twenty years, and they would

always find him prompt in discharging his liabilities, is Clarke's writing; also the letter explaining the four-guinea cheque, and the endorsement on the cheque marked "N. S."—also the resolution of the Artists' Alliance, of 29th December, 1887, to open account with the Royal Exchange Bank, signed 'Authors' Alliance, Limited, W. J. Morgan, Managing Lirector; Charles M. Clarke, Chairman"—I arrested Tomkins on 5th July, about 8.15 p.m.—I saw him at Hackney Police-station—I charged him; he made no answer, but refused his address and occupation.

Cross-examined by MR. LEVER. I made no inquiries at 7, Prince of Wales' Road—I do not know the house was condemned by the sanitary inspector—I found six visiting cards of the name ot Ward—I did not see or know of books lying ready to be sent to persons complaining of not receiving them.

Cross-examined by MR. TAYLOR. The dates named in the warrant are 1881, 1883, 1886, 1887, 1890 and 1892—no specific company is mentioned—Clarke did not show disinclination to face investigation.

Re-examined. I also found at Tolmie's house, on paper headed "Association of Commercial Accountants and Auditors, President, Sir G. Campbell, Bart.," a letter to Messrs. Isaac Pitman, asking them to insert advertisements in the Phonetic Journal of an examination to be held on various commercial matters and foreign languages, signed by Tolmie.

By MR. LEVER. That letter had no envelope with post-marks upon it—I made no inquiry of Pitmans about it—I have heard Mr. and Mrs. Tolmie were carrying on a school of commerce; I do not know if it was at 38, Finsbury Pavement.

CHARLES RICHARDS . I am an inspector of the Criminal Investigation Department,—about three p.m. on 4th June I saw Tolmie and Morgan at 89, Great Marlborough Street, a picture gallery called the International Society of Literature, Science and Art—I had a conversation with them at the time—at 8.30 p.m. I spoke to Morgan in Piccadilly I called him by his name—I said I had a warrant for his arrest—he asked what it was about—I read it to him—he said, "That is a long way to go back; who is doing this?"—I said, "The Treasury solicitor is prosecuting"—he said, "What is it in connection with?"—I said, "The Literary and Artistic Union in Berners Street, and the society you ran in connection with that in Bloomsbury Mansions"—he said, "I don't know anything about them"—I then said, "There is also a Charing Cross Publishing Company, the City of London Publishing Company, the Authors' Alliance, the Artists' Alliance, and the one you are now carrying on is the International"—he said, "This will do me a lot of harm with the International"—I said, "If that is the society you represent it to be, and you will give me the names of some responsible persons in connection with it, I will see them before removing the documents and pictures to Scotland Yard"—he said, "I do not know whether I am doing right in saying anything without seeing my solicitor"—I said, "Whatever you say may be used in evidence against you"—he answered, "I thought so, and I shan't say any more"—I asked if he would give his address—he said, "Not till I have seen my solicitor"—I said, "I think you live at 38, Lynette Avenue"—he said, "Yes; that is right" and "This is a funny thing for the Public Prosecutor to do, as I have taken Mr. Wontner's advice on this matter, and

he is the Public Prosecutor, is he not?"—I said, "No, he is not; but he often appears for him at the Police-court"—he was taken to Bow Street Police-station by Sergeant Sexton—the same evening, about eleven, I saw Tolmie detained at Bow Street—I read the warrant to him—he answered, "I did not know Morgan in 1881"—I said, "No; I think your case begins with the Authors' Alliance, and goes through the Artists' Alliance and the present society"—he said, "The present society is a genuine one"—I said, "Very well, if you will give me the names of any responsible persons I will see them"—he said, "Oh, we can do that," and gave the name of Madame Dinnay D'Arc, West Square, Kennington—as I was about to write it he said, "Give me the paper, and I will write it for you"—he wrote it on this paper I am refreshing my memory from—I said, "Anyone else?"—he replied, "Yes," and turning to Morgan said, "We can give some more?"—Morgan replied, "No, we can't; not without our books"—Tolmie then returned this paper to me—the same night I went to 8, Barnard's Inn, Holborn—I there arrested Sir G. Campbell upon a warrant—I read the warrant to him—he said, "I suppose Labby has done this?"—I said, "I do not know why you should think so"—he said, "Oh, yes; he has been giving it to us in Truth lately; I do not know where I have benefited by these things"—I said, "You had some cheques from Morgan, and you held some shares in the Authors' Alliance"—he said, "I have had some cheques, but I never held any shares in the Authors' Alliance, and the present society is all right"—I then conveyed him to Bow Street, and he was charged with the other prisoners—they made no reply—on 4th July I saw Steadman at the back of the Police-court at Bow Street, detained—I said, "Steadman, I am Inspector Richards"—he said, "Oh, how do you do? I have seen your name in the papers in connection with this case. Look here, I should like to help you all I can in this matter, and I should like you to say this for me: I acted entirely under Morgan's directions in this matter, and he drew up all the agreements that I have used. And as for Longman and Co., he told me he had bought their business, and he had a banking account in that name at the British Mutual Bank"—I had been making inquiries with regard to the societies mentioned for three or four months prior to last June—on 30th March I went to the Marlborough Gallery; when I got inside the door I saw Tolmie—he said, "Yes sir, what do you require?"—I said, "I came in to look at the pictures"—he said, "Oh, are you a member?"—I said, "No, but I thought it was open to the public"—he replied, "Well, yes, but they are usually introduced by members"—Morgan then joined us, and said, "Are you an artist, sir?"—I said, Not exactly, but I am interested in societies of this kind, and I know of persons exhibiting here"—he then showed me the pictures and a diploma similar to one produced; there were about 500 of them—the diploma was signed by Morgan and Tolmie—I said, "Are you Mr. Morgan?"—he said "Yes"—I said, "Is that Mr. Tolmie?"—he said "Yes"—I then thanked him for showing me round, and he handed me circulars and a prospectus like those produced (one Pantheon)—while I was there a stranger called for a manuscript—Tolmie looked to Morgan, who said, "Oh, yes; it is in the hands of our readers"—amongst the works of art in the gallery was hanging Sir G. Campbell's commission in the 92nd Regiment, of the date of 8th June, 1862—the next time I called was to

arrest Morgan—I searched the gallery after Morgan's arrest, and found and now produce forty-eight letters from different persons complaining of the Artists' Alliance, and asking for the return of their pictures; a letter addressed to C. M. Clarke, Esq., Councillor, 38, Great Marlborough Street; a letter from a gentleman suggesting that he recognised Morgan's writing in connection with the Berners Gallery, Limited, and asking what had become of it, as he was a member; a letter from San Francisco in reference to a picture which had been sent, and which the society had promised to purchase; some letters asking for return of subscriptions, on the ground that the writers had mistaken W. J. Morgan for W. G. Morgan, a Birmingham artist—Morgan's replies are on the backs of those letters—a Birmingham subscriber got his subscription returned after correspondence—I also found prospectuses of the three kinds produced, a number of pictures in the gallery and in the room occupied by Du Bois as solicitor—there they were mixed with empty boxes, and appeared to have been thrown away—the size of the gallery was about forty to forty-five feet by twenty feet, or almost half as long as this Court, but not so high—the pictures in places were three thick on the wall, the smaller ones being behind; you could not see them—I found this minute-book (Exhibit 17) and this list of members (a small book), forms of application torn from the prospectuses—I added them together, I added the amounts, which came to £2,450—I do not know the writing or the 346 names in the list of members—I find, from the application forms, members were mainly proposed by Morgan and Tolmie, and a few by C. M. Clarke, LL. D.—the writing is not Dr. Clarke's, but Cock's, one of the assistant secretaries I found this draft letter to Truth, in Campbell's writing, and a copy written by Tolmie—(Read draft letter, 30th September, 1891,written on paper with the International heading, from 39, Great Marlborough Street, complaining of the personal attack of Truth upon the writer; also the following passage from Truth, of 21st October, 1891, being the concluding portion of the letter: "The names of the ladies and gentlemen who have joined the society, and who have taken no notice whatever of your Grub Street Sewage, are a sufficient guarantee for its position, without even your endorsement, and so Heave you, like some loathsome reptile, to swelter in your self-created garbage.—I am, sir, your obedient servant, G. Campbell—I also found two letters addressed C. M. Clarke, Marlborough Gallery, 16th January, 1892, asking for money to be returned, and from J. Elliot forwarding cheque for two guineas—I afterwards searched 38, Lynette Avenue—I found books and letters of complaint of the Berners Gallery, prospectuses of the Berners Gallery, Limited, in connection with the National Artistic Union; of the Literary and Artistic Union, in connection with the National Artistic Union; of the Junior Literary and Artistic Union, in connection with the National Artistic Union; and of the National Artistic Union, with the words written above it in ink, "The Artists' Alliance, successors to the National Artistic Union;" of the Authors' Alliance, with the name of their secretary, W. James; also letters addressed to W. James and Mrs. W. James, and envelopes (produced), dated in October, 1890; also bankers' pass-book of Authors Alliance with the Royal Exchange Bank; and W. J. Morgan's private account with the same bank, in both of which the names of Campbell, Tolmie, Clarke, and Tomkins appear; the name Bellamy is in the private

account; also agreement under which Morgan took over the business of 5, John Street, Adelphi, which had been carried on in the name of Bellamy, for £20—the business of Berington and Co. was carried on there—the agreement is dated 2nd June, 1887—I found applications addressed to Morgan to fill positions connected with the Authors' Alliance, a list of members of the Artists' Alliance, and of the International Society, published with it, by James Longman and Co., of 20, York Buildings, Adelphi; also note paper with the heading of "International Union of Art, Science, and literature," being an inversion of the similiar heading; and of the Theatrical Times and Musical Gazette, of 20, York Buildings, and of the Dramatic Opinion, 9 and 10, Southampton Buildings, and 59 and 60, Chancery Lane, which is the same building, only another entrance; beyond the paper headed "Association of Commercial Accountants and, Auditors, Metropole, Adelphi, Sir Q-. Campbell, President, "found at Tolmie's, I have not been able to trace the existence of such a society—I found a letter to Morgan from a lady in reference to the post of "Lady Superintendent of the Artists" Alliance," and Morgan's draft reply; also letters addressed to. "Alpha," and "Scribe"; a prospectus of the Traders' Times, proprietary capital £5,000, Mr. Morgan, manager, and a statement that he had been thirteen years manager of the Charing Cross Publishing Company; some note paper headed Literary Union, Bloomsbury Mansions; a printed prospectus of the Junior Conservative Alliance, of which David Tolmie, F. 8. A., was one of the council, instituted on 1st January, 1885, at 88,39, and 40, Temple Chambers; a copy of a printed letter pointing out reasons why shares should be taken in the City of London Publishing Company; a sketch of the Pantheon in Morgan's writing; specimens of letters sent to the public; the pass-book of the International Society with the British Mutual Bank; note paper of the Histrionic Herald, 59 and 60, Chancery Lane; of W. James and Co., of Frater's Magazine, 5, Friar Street; circulars of the Educational Directory, editor, David Tolmie, F. S. S. E; of the Amateur Authors' Association, and of the Society of Printers; an agreement between Morgan and Osmaston; two cheques for £2 2s. and £5 5s. on the account of the International Society, drawn by Morgan in favour of Campbell, dated 29th January, 1892, and 4th March, 1892, and endorsed by Campbell, and cancelled as having passed through the bank; the counterfoil of a cheque for £2 2s. on 26th August, 1891, payable to Campbell; this letter from Campbell to Morgan asking for £4 10s. to redeem a watch and chain; a prospectus of the Chilian Nitrate Property Syndicate, of which Campbell is trustee, and the office at Barnard's Inn; a cheque-book of counterfoils showing cheques paid to Tolmie in 1887; a cheque-book with cheques, signed Longman, in Morgan's writing; a number of letters addressed Thomas James, 8, Raeburn Street; a letter from Steadman to Morgan in an envelope, with the post-mark of 13th October, 1891, suggesting advertising for a person with a premium; a letter from a gentleman complaining that his name had been inserted in the National Artistic Union, and calling attention to Truth; a prospectus of the Literary Guild, of which the secretary and treasurer was Tomkins, 5, Friar Street; a cheque-book containing three cheques, amounting in the aggregate to £350, drawn by Morgan in favour of the National Artistic Union, and endorsed in his writing—I found at Campbell's rooms, Barnard's Inn, a framed

diploma of the International Society, signed by Hill, Morgan, and Tolmie; an envelope addressed Sir Gilbert Campbell, 39, Great Mari borough Street with the post-mark of November 4th, 1891; and a pawn-ticket for a gold watch and chain, pledged, the watch for £15 and the chain for £10.

Cross-examined by Morgan. I made no inquiry as to whether you acted on Steadman's suggestion, and put the advertisement in—I have had conduct of this case—I commenced to make inquiry in 1889

Cross-examined by MR. LREVEK. When I saw Tolmie detained he began to give me the name of a respectable French lady, and then he said to Morgan, "We can give more?" and Morgan said, "No; not without our books"—I only saw one certificate at the gallery; the only signatures on it were Morgan and Tolmie—I found there receipts signed "Tolmie," for commission received by him from the society from time to time—I did not find a book on double entry, or on book keeping, packed up to be sent to a subscriber-in Morgan's private banking account pass-book on October 6th, 1887, there is an entry of £3 3s. as paid to Tolmie, and on October 18th there are two cheques for £5, and £5 paid to Tolmie, and there is a cheque for £2 10s. to him: there are no other items entered as paid to Tolmie—on the opposite page, on October 18th, £2 and £8 making the same sum as the sums paid to Tolmie on that day are credited by cash-in the Authors' Alliance pass-book on June 1st, 1888, there is a cheque for £5 5s.; on September 21st £2-there are no other entries of sums paid to Tolmie—the name of Tolmie is written in full in that case opposite the amounts.

Cross-examined by MR. BONNER. This letter to Truth is not all in Campbells writing;—it is corrected in other writing—Campbell's commission as lieutenant appears to have been signed June 8th, 1862: he was gazetted on 25th August, 1859-1 seized a number of manuscripts I have not been able to ascertain that they belong to any other person than Campbell; they have not been claimed by anyone else-some, but not many, are in his writing; the others are typewritten—I have made inquiries, and satisfied myself he is an author.

By Morgan. I don't think this letter to Truth is in your writing—I commenced to make inquires about the Artists' Alliance in 1889 I cannot say that until May or June, 1892, I saw nothing upon which I could take action against you; I made reports upon it—I made inquiries at 5, Friar Street, but did not trace them back beyond Mr. Judd's buying the premises; I found you had been there before that, since 1873, for fifteen years—I could not say if you had been in continuous occupation all that time—I traced you to other places in the meantime that you had taken in addition-you left Friar Street in 1888-1 understood that the premises Were in the name of Tomkins but that you were with him all the time and that there had been nothing owing up to 1886—every thing was paid there up to 1886, and what was owing when you left in 1888 was Tomkins debt—I found that at Bloomsbury Mansions up to Christmas, 1882, I think, you had paid every farthing—on inquiring of the landlord I found he did not know whether you owed him anything or not—I found at Clapham that the rent had always been paid punctually there—I heard Price say that the rent at John Street had always been paid on the day it was due—I find now that rent was paid satisfactorily

—you paid all the rent at York Street, Adelphi, to which you next went—you had to leave there, like all the other tenants, because the lease had expired—the rent of 39, Great Marlborough Street I ascertained to be £150 a year—all rent had been paid there up to the time of your arrest—if I swore in my information that you were ejected from Berners Street Gallery in June, 1883, for non-payment of £20,1 believed it to be true—I alleged in my information that complaints were made by Miss Graham and Browse—I have not since heard that they had no cause for complaint—I heard it said here that the Charing Cross Publishing Company was constituted of a great many shareholders—I did not find out that that company published a large number of books—I have only seen one book-in connection with that company. (Mr. Keogh, a witness subpœnaed by Morgan, here produced a number of books)—I think we have had several complaints from authors who published through that company; I have no papers here containing them—I have had no notice to produce them—I did not take more than half the papers found at your house—I did not take a bond of the Authors' Alliance—I knew there was a concert to be held on 7th June at the gallery—I was not there—I found a grand piano at the gallery; I don't think it was new—I made no inquiry about it—I found an agreement between you and Bellamy, relative to Bevington and Co. 's business—Bevington was Bellamy.

Friday, September 23rd, 1892.

Morgan called the following witnesses.

EDMUND DAWSON ROGERS . I live at 4, Hendon Lane, Church End, Finchley—I am manager of the National Press Agency, White friars Street—in June, 1888, you sent me manuscripts of authors' work to print for the Authors' Alliance, Limited—you sent me two cheques, each for £15, in June and July, drawn by the Authors' Alliance, Limited, W. J. Morgan, manager—that was part payment for the work I had in hand—you also sent me paper to print the books upon—those were the only transactions we had.

Cross-examined by MR. MATHEWS. I do not know Morgan personally—that was the only time I knew him in business—I knew him as Morgan—I know nothing about W. James—I know nothing about the other prisoners—I know no other name connected with the Authors' Alliance.

Re-examined by Morgan. I don't think I ever saw you—I had the order from the traveller, and did the work, and had the cheque from the company.

WILLIAM RANSOM COOPER . I live at Woodlands, Clapham Park—I am an engineering student, and M. A. of the Royal University of Ireland—I am a member of the Artists' Alliance—I heard no complaints of the Alliance—I joined in April, 1890—I paid a subscription of £1 Is—I subsequently renewed my subscription in May or March this year—no subscriptions were taken last year.

Cross-examined by MR. MATHEWS. I have lived at Woodlands for the last two years, from 1890 to 1892—I never read Truth; I just heard there was something in it in connection with the Artists' Alliance; I had not enough time to read it—I went to the offices in the Adelphi; I don't know whom I saw there—I paid my subscription to Morgan, as far as I remember; I did so by letter, enclosing P. O.—I replied to a circular,

which had, as far as I remember, Morgan's name upon it as proposing me as a member, on one of these forms—I did not know him up to that time; as far as I remember he solicited me to become a member—I cannot say if his name was on the form; I believe it was—I cannot say if the premises were at York Street or John Street; they were in the Adelphi—I don't think I noticed what names were outside the door; I don't remember the name of James Longman and Co.—I heard and understood Sherwin's evidence in this case—I heard him say that one-third of the subscriptions which he solicited went to him, and two-thirds to Morgan—I cannot say I have any reasons for believing it—if that was the arrangement, I don't think I should still believe in the honesty of the Artists Alliance—although I paid no subscription in 1891 I remained a member for that year; the subscription was not asked for—I don't know if that is usual in honest societies; I should not have thought it was usual in dishonest societies; I thought it was an argument in favour of the genuineness of it—I had no intimation that I had ceased to be a member because my subscription was not paid—in 1892 I think I paid my subscription to Morgan, I cannot swear; I paid it then to the International Society; I thought the Artists' Alliance had been absorbed into that society—no one told me that; I suppose I got the idea from the prospectus, sent by Morgan as far as I am aware—I inferred it—Morgan sent the prospectus—he did not propose me—when I enclosed my subscription I said I supposed that would make me a member of the International—I have only seen Morgan the last few days, as far as I know—I have heard the agreement between Morgan and Steadman read, under which they proposed to divide the subscriptions received through Steadman's solicitations; I did not think it sounded very well or the society genuine—I never heard complaints against this society before this trial—I should not have paid my subscriptions to the Artists' Alliance, or to the International Society, if I had known that one was divided into thirds and the other into halves between Steadman and Morgan—I obtained no benefit from the societies—I don't know any of the members.

Re-examined. I exhibited a water-colour at the society—I did not sell it, but I did not attribute that necessarily to the fault of the society. (Morgan called the attention of the COURT to the fact that MR. MATHEWS had been mistaken inputting to the witness the fact that Sherwin had received a commission of one-third. MR. MATHEWS acknowledged that this was an error, and that he should have said Hill, instead of Sherwin)—there is no "proposed" on this form of application for the Artists' Alliance—to my knowledge there was no other form than this appearing on the prospectus—the Steadman agreement refers to the International Union, a different society to either the International Society or the Artists' Alliance—I should not have thought the International Society was not genuine on account of this agreement as to the International Union I think it might have shaken my belief in the society—if it was a wrong agreement, and had been abandoned, I think I should have thought it was an agreement that was not a good agreement—I did not pay my subscription in 1891, because I got a report from the Artists' Alliance stating that subscriptions paid during the year 1890 entitled members to the advantages offered for the whole of 1891—it appeared by the report that this offer was made to members to extend their subscription! because the society was a young one; members who had joined had had

to wait for the advantages offered—I thought it very probable that the Society and Alliance bad been incorporated—so far as I know I sent my subscription to you as officer of the society; I put your name on the postal order—I have never seen the ledger before.

FREDERICK KEOGH . I live at 88, Church Road, Islington, and am a pianoforte salesman, and act for the firm of E. Keogh and Co.—I produce forty books—I have not looked to see by whom they are published—they have been taken as part payment for expenses.

Cross-examined by MR. MATHEWS. Tomkins was my wife's tenant, occupying 96, Church Road, Islington, from 25th March, 1891, till June, 1892, when he owed me £14; £2 of the March quarter and the amount for. the June quarter—in June he was taken into custody, and I seized these books for expenses in getting possession of the house—we had to break open a grating at the back to get in—these books were in the house at the time.

Cross-examined by Tomkins. The quarter's rent had only just accrued at the time of your arrest, and the time had not arrived when, in the ordinary course, I should have applied for it—the previous quarters had been promptly paid, except £2 of the March quarter—that was not returned, by agreement, to meet the Queen's taxes; you said it was so—you had the house at £48 a year—I don't know where you were when I first distrained—there was not a friendly arrangement that I should hold these books for rent; it was for expenses—it was not arranged that on payment of the rent by a stipulated time I would give the books up.

THOMAS KING . I live at 16, North Road, New Cross—I have been a letterpress printer for about forty years—I have printed for you in connection with the Charing Cross Publishing Company and the International Society since 1875—those publishing companies have published a large number of magazines—I have printed some of them, and I have seen others in circulation which I have not printed, and which I believe were published by the company; I believe I printed all these copies of the St. James's Magazine—the printer's name is not on any of them, only the publisher's—the Charing Cross Publishing Company published them—I see here different numbers of the London and St. Leonards Magazine, the London and Brighton Magazine, and the London and Scarborough Magazine, published by the Charing Cross Publishing Company—I did not print them—this is a bundle of numbers of the Charing Gross Magazine, published by the Charing Cross Publishing Company—(Morgan produced a number of different books as published by the Charing Cross Publishing Company)—these purport to be published by that company—I printed some of them—I believe we printed about 2,000 copies of this "Tried and Approved Recipes, by a Lady"—in all cases where we printed books for the Charing Cross Publishing Company it was a real bona fide printing of an edition—the company always paid me very satisfactorily—these are copies of the St. George's Magazine, which purports to be published by the City of London Publishing Company, Unlimited—T have known you seventeen years; your general reputation has always been that of an honest and respectable man.

Cross-examined by MR. MATHEWS. When I first knew Morgan, about 1875, the Charing Cross Publishing Company was in existence at 5, Friar Street—that was wound up about February, 1880, I believe—Tomkins was secretary of the company—I saw him several times when I called at

the office there—I don't know if they lived there, or where they lived—I know nothing of the City of London Publishing Company; I did no business with it—my friendship with Morgan was kept up—the St. James's Magazine, which I printed for Morgan, was in existence before it came to me, and we printed it for about a year, or sixteen months, perhaps—I never heard that Morgan advertised for an editor for it, with a premium of £306—I don't know who the contributors to the magazine were—I know the City of London Publishing Company was one of Morgan's ventures—I believe he was associated with Tomkins in it—I believe it was wound up; I don't know when—I did not know he was putting forward the prospectus of the National Artistic Union—I knew him all the time, but I did not know he was putting forward the Literary and Artistic Union at Berners Street—I only knew he was associated with Tomkins in the Charing Cross and City of London Publishing Companies—I only knew Tomkins as associated with Morgan in those businesses—I did not know they left Berners Street and Friar Street in debt for rent—I did not know Morgan was trading as Bevington and Co. in John Street, Adelphi, in 1887—my acquaintance with him was kept up casually—I should shake hands with him if I met him, and so forth; he was still Morgan to me—I did not know he was promoting the Authors' Alliance at the end of 1887; he came to me in 1887 or 1888 for an estimate for printing for the Authors' Alliance, but my estimate was too high, unfortunately, and I did not get the job—I only knew him as Morgan—I never heard of him as Mr. W. James, the secretary of the Authors' Alliance; I should be surprised to hear it; I don't know that if I had known it it would have induced me to think he was not a honest and respectable man; there are many reasons why he might have a nom de plume—I don't mean that he should put it on the prospectus which he was issuing to the public; I don't think a man would be justified in doing that, nor in figuring as a director on the same prospectus in the name of W. J. Morgan—his appearence in the double capacity would be likely to shake my confidence unless it was explained—I did not know of the Artists' Alliance—I went to York Buildings when he was carrying on business there—I saw the name of James Longman on the outside—I did not know Morgan was James Longman and Co., who I thought was another tenant in the same building, and quite distinct from the Artists' Alliance; that was the impression left on my mind—if I had known Morgan was that company I should very likely have asked him a question about it, as I was going in on business then—I did not know him as connected with the International Union—I knew him next at York Street as connected with the International Society, which I believe was a development of a previous society, whether the Union or not I cannot say—I got an order from him at Marlborough Street to print prospectuses, note headings, letter-headings, cards of admission to the gallery, and concert bills for various concerts—we printed about 20,000 prospectuses a month, I should think—sometimes my attention was called to them to look at printers' errors; I know they were different; as they got new members the front page was changed—I did not notice the Executive Council was constantly changing; I know the members were—I knew Morgan throughout the whole of the time between 1880 and 1890; we were not on visiting terms, but when we met we shook hands—I did not know him as advertising for secretaries in connection with the Authors' Alliance

and International Society with premiums, or for a registrar with premium for the Authors' Alliance—I think I saw an advertisement for artists to appear at an International Society concert—I have only known Tolmie since I met him at the Marlborough Gallery in association with Morgan—Tomkins was not there, to my knowledge—I did not see Clarke or Campbell—I saw Steadman at York Buildings; a portrait of him there drew my attention to him—I know nothing about them being in Chancery Lane—I was present at Bow Street occasionally when this case was on; I have not been in this court—my opinion of Morgan remains unchanged—I have read one or two accounts in the papers of the proceedings here, but they have been very meagre, and I could form no opinion from them.

Re-examined. I know that the St. James's Magazine was very well written, but I could not say from memory who the authors were—my impression is that Friar Street was only used as an office—I understood the St. James's Magazine had been printed for some time before I had the printing of it; we took it over from another printer—I know no one who new you as Bevington and Co.—I cannot call to mind any alteration in the International Society's prospectus' except as to some of the names; I believe there was no other change; when I took to printing it the smaller size was changed to the larger—I did not print the first lot; we always printed them the same size—I printed the Pantheon, nearly 20,000 copies I believe—I called frequently at the Marlborough Gallery, sometimes daily; I never saw Steadman there—I met him once in the street outside—all my transactions with the society were perfectly satisfactory—I mean by that that I was always paid, except as to the last accounts, which were stopped in consequence of this prosecution.

ERNEST WALLIS . I am a solicitor, of 13, King Street, City, and live at Croyland House, Shedderton Road, Hornsey Rise—I have known you since 1874—at that time I was managing clerk to Messrs. Farmer and Robins, solicitors, of Pancras Lane—Mr. Farmer is now dead, and Mr. Robins is in Australia—they acted professionally for the Charing Cross Publishing Company in several actions—I was admitted as a solicitor in 1881, and I have acted personally for the City of London Publishing Company, Limited—I remained with Mr. Robins after he dissolved partnership with Mr. Farmer—both those companies published a large number of different magazines; I have seen different magazines in the office—all these books are published by the City of London Publishing Company, Limited; they are separate copies of different works—lean only speak as to the time you were in the City (after you left Friar Street I saw very little of you); but your general reputation among all those who knew you was that of an honest and respectable man.

Cross-examined by MR. MATHEWS. At one time I was a solicitor at 11 and 12, Southampton Buildings, Chancery Lane; I bought the late Mr. Plater'8 practice there, and was alone—I am not in practice with Mr. Avory at 13 and 14, King Street, City—at Southampton Buildings I was next door to 59 and 60, Chancery Lane, where the Authors' Alliance was carried on—I never heard anything against Morgan—I do not know how he came to leave 59 and 60, Chancery Lane; I do not know of a distress being put in, except from what I have heard in Court during the last few days—J have not heard the whole case; I have been in about two

hours a day—I heard about the distress and the sale of furniture in January, 1889, and about £46 being due in relation to the premises, but I did not, and I do not know now, that it was in connection with Morgan; I thought it was the Authors' Alliance—I never went to the premises—I have known Morgan personally since 1874—Tomkins I knew before that—Tolmie and Clarke I have only known in Morgan's company—I did not know Campbell or Steadman—I have not seen Tolmie and Clerke with Morgan at Chancery Lane, but in the public streets, Holborn, for instance—I know nothing about the Authors' Alliance—I gave Morgan a reference in connection, I think, with premises in John Street or York Buildings—this is the reference I gave on 28th November, 1889. (This was on paper with a heading "Solicitor and Commissioner, 11, Pancras Lane" crossed out, and "11 and 12, Southampton Buildings" written in; it stated that he had known Morgan for a considerable number of years, and believed he was well able to pay the rent mentioned, and would be a respectable tenant; it was addressed to Messrs. Gardiner and Son)—I am still a Commissioner—I did not know Morgan owed rent when he left Chancery Lane—I made no inquiry—I did not assume it was Morgan's office there; I did not know he had any office there—I did not know he was going to start the Artists' Alliance—he never told me anything about it—I never heard of the distress; I lived next door; it is a very large building—I did not know that Morgan under this reference got possession of 9, John Street—I never went there to see him—I might have seen him once a year after that date—I never knew he had made default in payment of rent—I do not know that in June, 1890, his landlord turned him out, owing to complaints he received, and screwed up the door—I knew Morgan when he was at York Buildings—I met him in the Strand one evening, and he took me into his office there—I did not see the name of Longman there; Morgan went in first and opened the door—he did not mention why he had left the address for which I had given him the reference, and I made no remark about it—our acquaintance continued in the same way during 1890 and 1891; I meeting him about once a year—on 11th March, 1891, I was applied to as a reference for opening a banking account with the British Mutual Bank; I gave it. (This was read; it stated that he believed Morgan could make himself a desirable customer)—I gave that without inquiry as to the leaving of John Street—I have no recollection of being applied to by Mr. Warren to become a reference as to the International Society—I was never, to the best of my belief, applied to by anyone who was going into Morgans service to know if he was a respectable person, as they were going to pay him a premium—I will swear I was never personally applied to, and to the best of my belief I never gave a written reference of that sort—I should not have given it without inquiry that he was a safe man to pay a premium to, for the reason that I had not seen him lately.

Re-examined. I have had no reason for altering my good opinion of you, but not having seen you recently I would not have done that without proper inquiry—I heard in Court the other day that the Authors Alliance, Limited, was the tenant of Southampton Buildings and Chancery Lane—that name and not yours I saw painted up in the doorway I did not hear in Court that the rent of the premises for which I was reference was duly paid by you—I heard part of the evidence of the

clerk from the Mutual Bank—I did not hear him state that the bank was perfectly satisfied with the accounts which you had opened.

By the COURT. I saw Morgan about once a year when he was connected with the International Society—I was never consulted when the prospectus was drawn up—I cannot explain how the mention of the society being instituted under an Act of Parliament came about—I did not advise it—I have never seen a prospectus.

WILLIAM HENRY CRANEY . I live at 58, Fairholt Road, Stoke Newington, and am a surveyor—I produce on subpoena seventeen different books published by the City of London Publishing Company, Limited—in 1880 I was in partnership with Mr. Robert Edwards, an accountant, at 4, Broad Street Buildings, and at that time the business was introduced to ns of voluntarily winding up that business—Mr. Edwards was appointed one of the liquidators by a resolution passed by the Company—to the best of my knowledge that Company did a large legitimate business—I know it published a large number of magazines, and I should think a great many novels, in one, two, and three volumes, and other kinds of books—that Company was subsequently succeeded by the City of London Publishing Company, Unlimited; here are some of the books—I made your acquaintance in connection with the liquidation, and have known you intimately since—I don't know if the limited company was voluntarily wound up in 1884; these books were all published by the City of London Publishing Company, without the limited—your general reputation among your friends and neighbours has always been that of an honest and respectable man—I know nothing about the balance-sheet and report of the Charing Cross Publishing Company—I remember from having seen the account books of that company that such names as Simpkins and Marshall, Mudie, W. H. Smith and 8on, Willing and Co., Hamilton and Kent, appeared in the Company's books as customers buying books from you.

Cross-examined. For about the last twelve years I have known Morgan intimately—I have not been in Court, but I have read the evidence in this case in the newspaper. Q. Did he deserve the reputation of a respectable man at the end of 1889 in your opinion? A. I don't see any difference—I have not read all of Sherwin's evidence—I have read Hill's—I have read of the division of subscriptions paid to the society between Hill and Morgan—that has in no way affected my opinion as to Morgan's reputation; I cannot say about other persons—I have heard of advertisements asking for people with premiums, and promising them large salaries—very likely that is all right—I do not say that anybody who paid a premium would be all right—Morgan was doing the very best he possibly could under the circumstances, and there is not the slightest doubt that his intentions were perfectly honest—the knowledge of these facts does not affect my opinion as to his being an honest and respectable man; I think he was doing the best he could for those he employed—I don't know how he was benefiting subscribers by dividing subscriptions between himself and Hill—I do not know that he left Berners Street, Friar Street, and Chancery Lane debt; I have had nothing to do with these various offices; to know a man it does not follow that you know his place of business—I have no knowledge of any of these transactions; I know of Friar Street, because these books were published there—I did not know Morgan in connection

with the Authors' Alliance or the Artists' Alliance, or the International Society—I became acquainted with him when he was the Charing Cross Publishing Company—only one or two of the business boob of the Company were brought to my office—my partner, who was a liquidator, lives at Highgate—he was conversant with the business of the society—I don't know if he is here—I had nothing to do with the liquidation except that I was a partner with Edwards—our partnership is now dissolved—I do not know why I, and not my partner who knew about these matters, was called here.

Re-examined. Mr. Edwards's address is 105, Chetwynd Road, Highgate, I think—as a business man I should think from the evidence of Hill that the one-third he received was as commission for the work he did—I read that Hill said he had paid £50 for the appointment, and that he was satisfied with you and the society—having heard all these people say they were satisfied, I did not regard your obtaining premiums for appointments as damaging to your character—I did not read Mr. Judd's evidence, that you did not owe him one penny when you left Friar Street, or that it was Tomkins who had that house.

MOWBRAY ERNEST CATTELL . I live at 53, Harrington Street, Hampstead Road—I am now a canvassing agent for the London, Edinburgh, and Glasgow Insurance Company—I have a large experience in hanging pictures—I was the hanger engaged by the International Society of Literature, Science and Art, to unpack and hang the pictures of members of the Artists' Alliance and International Society, at the Marlborough Gallery—I received this letter signed "Morgan, Curator," engaging me on behalf of the society—I went for a week, and then was told I suited the society, and was engaged as hanger and remained on as a permanent servant—since that time I have hung pictures of members of the Alliance and the society—part of my duties was to pack carefully and return the unsold pictures when required by members and fellows—I have had such orders direct from the members, or Morgan has given me orders to return pictures—I had to enter those cases in the society's parcels book—when members or fellows desired their pictures returned they always were returned—I know pictures were properly hung in the exhibition; there were between 400 and 500 of them—endeavours were made week by week to sell pictures by distributing hundreds of free tickets of admission to the gallery—the tickets were sent to people living in fashionable neighbourhoods, to the aristocracy—sales were made, and the pictures so sold were sent to the buyers—I took them in some instances—the money for them was remitted to the authors—it was part of my duty to send the cheques off; I directed the envelopes, and put the inclosures in; I have seen the cheques—the gallery was properly adapted for the exhibition and sale of pictures, and had a good skylight; I should say the gallery, except as to height, would cover nearly three parts of this Court; it was about sixty feet long by twenty-five feet wide—these two boards were hung conspicuously outside the door, one on each side, on the railings every morning, with the names of the Artists' Alliance and of the International Society of Literature, Science, and Art, and the "Marlborough Gallery" on the top in gold—the gallery was on the ground floor—so far as I could see, the business of the society was conducted in a straightforward and business-like manner—you and the other officers of the society, Mr. Tolmie,

Miss Kingham, and (until he left) Mr. Roden Pearce were in daily attendance—Mr. Hill called there almost daily—Mr. Du Bois was there; he had an office there—members of the council used to meet at the gallery at the council meetings once a month, or sometimes oftener—I hare daily seen the minute-book, membership and fellowship roll, day-book, ledger, cash-book, and postage-book—I saw the original minute-book of the society up to the beginning of May, until it was lost in the omnibus—I have heard members who called say they were pleased at the work done by the society; several expressed their pleasure at seeing the gallery—fifteen or twenty members were calling every week, apart from the general public—I knew they were members by bringing cards of admission—if they had not got a card I should have had asked for it if I had been there—concerts were given at high-class West-end concert halls by the society, and members and fellows of the society engaged to sing and play at them—it was the object of the officers to get the honorary members and fellows to attend those concerts, and circulars were sent inviting them to attend at half-price—once a month the pictures were rearranged and rehung, some pictures having been sold and taken away, and fresh works having come in—to my knowledge the pictures were not hung two or three deep, one over the other—Richards said it was so; it is not true—the only foundation for the statement is that a few days or perhaps a fortnight before the arrest, a large picture "Alexander in the Tents of Darius" was sent by Mr. Massey from Newcastle, and there was no room for it except at the end of the gallery, and it was put on the floor there and covered others—Mr. Massey said he thought it was an old master, and sent it for us to obtain an expert's opinion upon it—it was only placed there temporarily till the opinion was obtained—apart from that every picture in the gallery could be seen—they were all properly catalogued in this catalogue, which I made myself—one old painting was placed in a small closet, a disused w. c, used as a storeroom, leading out of Mr. Du Bois' room; it had come by rail and was damaged, and I put it there until it had been repaired—to my knowledge no pictures were out of the way except that one—I should have known it—downstairs in the lower gallery, in the basement, the musical department, there were twenty to twenty-five pictures—that basement was properly boarded, and had a glass ceiling, and the light was almost as good downstairs as upstairs—the pictures there were some set out and some waiting packed up to go back—none were thrown away downstairs—I had often seen you put the account books of the society in your black bag in the evening when leaving—you said you were going to work upon them at home, as you had had no time during the day; and you said you did as much work at home with the books as at the gallery—you were interrupted at the gallery by callers—up to the beginning of May I saw the books there every day—I remember advertisements being inserted in the papers about the lost books—I believe one officer called while I was out one day—copies of the Pantheon containing an invitation to a meeting of fellows and members, on 25th May, were sent to members—as forms of applications came in they were numbered and placed on a table with others—I have read some of the application forms so signed and filed, and found they corresponded with the names on the prospectus—when I was there first there

was a needlework department for art needlework, which was carefully shaken and dusted and covered up at night when the gallery was closed; in short, every care was taken of the members and fellows' work sent in for exhibition and sale—members of the Alliance and of the Society were treated with equal consideration at the exhibitions, no difference was made between them—I never heard of your representing yourself as James Longman and Co.—I saw no business done by that firm—I did not know anything of you at York Buildings—I had a card with the name "W. James" on it left one day to give to you as you were out; I gave it to you, and you asked me what sort of a person he was to the best of my recollection—Sir Gilbert Campbell's commission was hung in the musical department on a place for a gas bracket; it was not in the gallery.

Cross-examined by MR. MATHEWS. I gave Mr. James's card to Morgan; I never saw it again—I am positive the gentleman who called with it was distinct from Morgan—I know Morgan's writing, and have seen his figures from time to time in different books—I should say each of these four letters, addressed to Mr. James, 8, Raeburn Street, Brixton, is endorsed with the date of their receipt in his writing—Morgan's private address, where he used to take the books home, was 38, Lynnett Avenue, Brixton—this letter is addressed, James, 38, Lynnett Avenue—I still say that another person left the card—Morgan took home all the books but the ledger and cash-book; he left two at the gallery—I have seen him take those two home, but they were the two most frequently left—I cannot say I have seen him take all at the same time; I never looked particularly—all the books were not missing from the gallery—this minute-book was bought after the old one was finished and lost; I know nothing of when this minute was made in it—Hill was secretary of the International Society—Locke and Houston called there; Tolmie was there every day—Stone came there—they were officers of the Society—I was never at a council meeting, but I was in the gallery when it was held—it was held once a month, or sometimes once in three weeks—Morgan, Tolmie, Stone, and Houston attended the meetings; they were all I can call to mind—I saw Campbell there once, some time at the beginning of March this year, I should say; he called to see Morgan, but Morgan was not there—I only had one complaint about the pictures, and that was my fault because I did not forward one—I heard one gentleman ask for a manuscript to be returned; but I heard no complaint; I was downstairs principally—there were two parcel-books, an old and new one, in which everything sent out was entered; they would show the pictures I returned—I have enclosed cheques to various people—I only saw three pictures sold there from 3rd February to 4th June—I sent one cheque to Mr. Mortimer, I believe about the middle of May, I should say—the cheque was given me to enclose in an envelope with a communication—cheques were sent to a number of other people, not to artists—all the works that came under my notice were in admirable condition—this (produced) was downstairs in the lower gallery behind a portfolio—that and these were not exhibited, and I know nothing of them, they were simply put on one side in a port folio in the lower gallery—there was an accident to this terra-cotta exhibit—I believe it was in the place where the packing-cases were—to the best of my belief there were no pictures there as if they had been

thrown away among the packing-cases, they were all in portfolios—I have since heard of a picture, in the disused w. c, which was alleged to have been covered up by a Guardian Fire notice, but I never saw it till I saw it here—I saw by the prospectus that there was an educational department, and that examinations were held—no examinations to my knowledge were held during the time I was there—I don't know who the examiners were—I cannot say whether a register of professors, governesses, and private tutors was kept—no operation in connection with the purchase, sale, or transfer of scholastic business came under my knowledge; I was the hanger in the artistic department—we had many pictures sent to us to forward to other London and provincial galleries; I have taken pictures to the Dudley and to the Institute of Lady Water Colour Painters, and pictures went to the Institute of Water Colours—Miss Kingham was in charge of the musical department after Mr. Roden Pearce left—no concert was given at Marlborough Gallery during my time; there were some given at other places—Mrs. Alcock's concert was before I went there—Mr. Du Bois conducted his solicitor's business in the room running out from the gallery, and distinct from it, and leading out of his room was the disused w. c.—there were two entrances into his room, one from the gallery and one from the passage; but one was fixed by the bookcase in front of it—in Mr. Du Bois' room the council meetings were held after he had left for the day—sometimes he left at twelve o'clock, but usually it was three or half past three—I have seen a council meeting at two, and later; it depended on whether Mr. Du Bois' room was disengaged; he always had previous notice of a meeting—I cannot say where the educational or literary department was carried on—I read in the prospectus that they were branches—I did not take the liberty of asking—I could not say if anything was done in connection with those branches—I did not know Morgan was trading as Longman, at York Buildings, at this time; I never went there—I understand there had been offices there, but I did not know that he still had offices there——if I was there it would be my duty to ask visitors to the gallery, for their cards of membership; the gallery was open to a limited number of the public; it Was said to be open to the public—I asked for cards of membership because I had to make a list of all callers and give it to Morgan—I did not take names and addresses—Morgan engaged me, and I received my salary from him—I don't know if he was the International Society; I did not go into the working of it; it was enough for me to get my money.

Re-examined. I took it you paid me as the officer of the society in the same way as you paid others—I have posted letters you have written, and proofs you have sent to authors—I have taken to General Abbot, at the Bath Hotel, Piccadilly, proofs of a book being published by the literary department, I believe—I did not know that Tolmie was manager of the educational department—I have seen examination papers lying on the table at times—I can say, from seeing papers, that work was done in those departments—I have no more knowledge as to those matters than by taking proofs and seeing papers—I did not see the amount of the cheque sent to Mr. Alexander Mortimer; I. should think it was before May—here is an entry in the pass-book on March 1st, Alexander Mortimer, £5 18s. 6d.; I do not know what commission you charged—I

was always under the impression that these dusty pictures did not belong to any member or fellow of the society; the pictures belonging to them were properly numbered and catalogued—I heard Mr. Du Bois say yesterday that he had covered up this picture—I am certain Mr. James called and left his card and asked for it to be given to you.

FRNCIS WILLIAM SLADE . I live at 26, Enmore Road—I am a Director of the Isle of Wight Railway Company, and of two other rail way companies—I am a member of the International Society-in December, 1891, I attended one of the concerts of the International Hall—I was pleased with it, considering that it was carried on by members of the society—I understood that all the artists were members of the society; I knew no one connected with the society but yourself; and that was the only occasion I availed myself of my membership—in June, 1891, before I became a member, I purchased two members' pictures—on 6th June, 1891, I received a letter from Steadman, the secretary, inviting me to become a fellow, and a prospectus, and I called at the gallery to see what the company was represented by—up to that time I had not heard of the society—I called; and considered the society respectable—I saw you and bought two pictures—you said a good deal in favour of the society, and made yourself very pleasant, and I said I would consider whether I should become a fellow or member; I said I had a son, a student at King's College in the art class; and you recommended that he should become a junior member at half-a-guinea—I said I would consider that, and on 17th June I became a member and sent this cheque for £11 1s. 6d. to your order in your capacity as curator, for myself and my son—I joined because I thought it might be useful to my son to exhibit a picture there—I think that this cheque has been passed through * the British Mutual Bank—I afterwards received another letter from Steadman, asking me to become a fellow; I took no notice of it—I knew nothing of the society beyond the prospectus.

Cross-examined. I sent Morgan, as curator, a cheque for seven guineas for the two pictures I bought on 9th August, 1891; one picture was £5 5s., and the other £2 2s.—I had nothing to do with the society after I joined, till I went to the concert in December, 1891; I received a letter enclosing two tickets, and afterwards I was applied to for the money.

Re-examined. I have no doubt that this is the programme of the conceit—I congratulated you after the concert, and said that, considering the artists wore members of the society, I thought it was a very good concert.

CATHERINE ELLIS I am single, and live at 4, Conehurst Road, Crouch End—I am a member of the Artists' Alliance—I exhibited at the gallery—in August, 1891, they sold a picture for me; the catalogue price was two guineas; the society was entitled to charge a commission of five per cent, on sales, and I received a cheque for £1 19s. 11d., which I acknowledged—another of my pictures was sold for 25s., I think; I received the money for it—I have no reason to complain of the society or its officers.

Cross-examined. The second picture was sold at the beginning of this year, I think—I know nothing of Morgan beyond what I have heard of him as being curator.

FREDERICK THOMAS TIPPER . I live at Mornington Road, Leytonstone

—I am a member of the International Society—I paid my subscription in January this year, I think—since then I have appeared at two concerts for the society, and two for Mr. Pearce, an officer of the society—I have always received my agreed fee for singing and playing—I have nothing to complain of.

Cross-examined. I had a guinea for one concert and half-a-guinea for another; those were the only two occasions; they were a week apart.

ISABEL WATER . I live at Defoe Road, Tooting—I am a singer, and a member of the International Society—at various times I have called at the gallery about musical matters, about concerts to be held, and so on—I have always been satisfied with your conduct of the society; you were always polite and willing to do anything I wished—I was to have sung at a concert on the 7th June.

MABEL MOYLE . I live at Church Street, Kensington, and am a professional singer and a member of the International Society—I sang for the society at a recital at the Steinway Hall on 27th January—I was paid my fees—I know nothing about your management of the society; I did not know you were manager.

Cross-examined. I paid my subscription; I got fifteen shillings for singing.

Re-examined. I was, comparatively speaking, a recent member of the society; I hoped for further engagements.

DELIA ALGURO . I live at 20, Freegrove Road, West Holloway—I am a professional singer—I paid a guinea, to become a member of the International Society; I am perfectly satisfied with your conduct of the society; you treated me very kindly—I sang at one of the concerts; I did not expect to be paid—nothing was due from the society to me.

SIDNEY BLAKISTONE . I live at 14, Beacon Hill, Camden Road—I am a professional musician—I am a member of the International Society—I played at the society's concert at the Prince's Hall on February 2, 1892—I received my fee of one guinea—I was to have played without a fee at a concert to be given at the society's gallery on June 7th with a view of introducing active to wealthy honorary members, I was told.

ALEXANDER MORTIMER . I live at Blenheim Cottage, and am an artist—I was a member of the Artists' Alliance—I exhibited at the gallery—a picture was sold, and I received a cheque for £5 18s. 6d.—the society was entitled to charge five per cent, commission.

KATHERINA ALBRECHT . I live, at 35, Mornington Crescent, Regent's Park—I am a professor of music—my daughter was a member of the International Society—I have always accompanied my daughter to the gallery; we called there many times; you treated us with politeness, and attended to what we wanted—I was so satisfied that, being desirous of giving a matinee musicale on June 18th, at which my daughter was to perform; I entrusted the whole of the musical arrangements to you—it had to be abandoned in consequence of this prosecution—the council of the society offered me the free use of the gallery for the purpose, including gas and attendance—with your assistance this programme was prepared.

LILY ALBRECHT . I live at 35, Mornington Crescent, Regent's Park—I am a well-known professional pianist, I think—I am a member of the International Society—I have several times visited the gallery—you

showed every attention and kindness—I was engaged to play on 11th December at an evening concert at the International Hall, Piccadilly—I played, and it was most successful—I gave my services in hopes of getting introduced into members' houses.

HERBERT CHARLES STONE . I live at 17, Ashchurch Road, Shepherd's Bush—I am an English timber valuer—I was a member of the council of the International Society from September, 1891, till the arrest—council meetings were held every month; business was conducted regularly at them—an agenda paper was prepared, which you handed to the chairman—the members of the council made suggestions and discussed matters, and the suggestions were put and adopted or rejected—Campbell was chairman up to December, and after that Tolmie was elected chairman for 1892—the minutes of the previous meeting were always read and confirmed and signed by the chairman—I, as a member of the council, had confidence in you, and so far as I know the councillors as a body had confidence in you—I recognised you as manager of the society in everything, all the time I was there—the council knew you received the moneys—I don't doubt you did so on their authority—no authority was given when I was there; it may have been given before—your signature was on all cheques for work done as a member of the council, and for canvassing letters—I wrote letters—I received no payment as member of the council, there were no directors' fees, but I received payment for writing letters soliciting subscriptions—I was paid £1 for 300 letters, and 15 per cent, commission by you—I believe whenever I received payment by cheque it was always signed with the stamp of the society, W. J. Morgan, curator sometimes I was paid by cash—between September, 1891, and the arrest I made an average of about £2 per week—I was a member of the society before September, 1891; not of the council; I was first connected with the society about the beginning of April, 1891, as assistant secretary—I got then £1 for 300 letters, and 15 per cent, commission—I was promoted from assistant-secretary to member of the council without any additional remuneration—I only heard of the International Union from papers sent; I knew nothing of its existence.

Cross-examined. Morgan, Hill, Houston, and Tolmie attended the council meetings; Steadman and Locke did not—Campbell attended down to Christmas, 1891, as chairman—I have given the names of all who attended the council; more names were on the prospectus—from April, 1891, I only know who were on by the prospectus; but from September, 1891, I attended sometimes—I was engaged as assistant secretary by Morgan, after I answered an advertisement some time in March, 1891—I paid £20 premium to Morgan, £10 before engagement and the other £ 10 within a short time—I had nothing to do with the books, and know nothing about them; I do not remember the existence of them or the loss of them—I was at first described on the prospectus as assistant secretary, and afterwards as upon the executive council—I had no agreement with Morgan about writing 300 letters a day, only a letter explaining the duty—I cannot find that letter—all the money received in answer to my letters would go to Morgan—when Morgan paid me by cheque it would be a cheque from the society sometimes, and sometimes his own—I dont remember his paying me occasionally by the cheques for £1 1s. and £2 2s., received through the post—I suppose the

cheques it had would appear in the society's' accounts—some of the cheques were with the stamp of the International Society for April, 1891—I do not know that the society's banking account was opened only in August, 1891—I believe I had cheques from Morgan in his own name—I understood he was authorised by the society to receive every penny that came, and he paid everything that had to be paid, so far as I know—I cannot suggest any way in which the council controlled him.

Re-examined. I was not paid by the cheques of members paying subscriptions—I was not present at all the council meetings, and other members might have attended meetings when I was not there—I have seen some books on the table, but I did not take notice of them.

Monday, 26th September.

H.C. STONE (Re-examined by Morgan). I do not think I have regretted paying you the £20 premium—you always fulfilled your engagements with me honestly and faithfully, and always acted honourably to me.

MARY JANE HARRIET FAULKNER . I live at 24, Oppidan Road, Primrose Hill—I am single—I am a professional singer, and tolerably well known—I am a member of the International Society—I think the concert was successful, with an appreciative audience—I was to have sung at a concert to be held on the 7th June last—I have always received attention when I have called at the gallery with a view to getting engagements.

Cross-examined. I can't remember exactly when the concert that was held took place—I was not paid for my services—I was not supposed to be—I did not expect a fee on that occasion—I paid to become a member of the society.

By the COURT. I undertook to give my services gratuitously as a member—public appearance at good concerts is an advantage for. singers; it is an advertisement.

HENRY HILL HODGSON . I carry on business at 115, Chancery Lane as a book auctioneer—I am the senior partner—I live at 208, Anerleys Road, Norwood—we receive for sale a great many remains or surplus copies of books published by the large London publishers—I have several times received considerable consignments on account of the Charing Cross Publishing Company and the City of London Publishing Company for sale; I may say sixty or seventy lots—this catalogue, containing lots 865 to 981, is one of the consignments sent by the Charing Cross Publishing Company—it is nearly twelve years ago—the name of Morgan or Tomkins is on the top in your handwriting—I cannot charge my memory whether they realised over £100—this (produced) is an account of the transactions for the year 1878 with the Charing Cross Publishing Company—it is £18 14s. 9d. to Christmas, 1878—it includes two accounts, amounting together to £37.

Cross-examined. These are copies of the accounts supplied by us, Morgan's name appears on both, and to him the amount realised was paid.

Re-examined. They are extracts from my books—I put your name as manager of the company—I understood you were secretary or manager, I am not sure which.

MAJOR-GENERAL JOHN BATES . I am of the Indian Army, retired from the Staff Corps, and reside at 17, Hill Grove, Finchley Road—I was a

director of the City of London Publishing Company—I qualified for that position by applying for and paying for fifty £1 shares in the capital of the company—Major-General Scobell and Mr. Douglas Onslow, J. P., were also directors; I was chairman—General Scobell, I believe, held 600 shares, and Mr. Onslow 100—the board meetings were regularly held—at the end of 1884 the company resolved to wind up voluntarily—the company published a number of books, and, I think, a magazine periodically—I believe proper books of accounts were kept and submitted to the board—a catalogue of several hundred books was published.

Cross-examined. I do not remember the year in which I becames director; it was about a year or two before it was wound up—I became a director and chairman at the same time—I rather think Major-General Bates and Mr. Onslow were directors before me—I believe we three constituted the board—Morgan was manager and Tomkins secretary at first the meetings were held in Hart Street, Bloomsbury—I do not remember when we moved to 5, Friar Street; some few months afterwards the company was wound up, when we left Friar Street; we did not move to a new address; we did not move to New Bridge Street—I am not quite sure where the actual meeting took place for the winding up—I know we had meetings elsewhere—there was a meeting with a view of winding up, calling for a general meeting; it was necessary to invite all the shareholders to attend—I cannot remember how many did attend; it was not largely attended it would be entered in the register—I have no recollection of a memorandum of agreement under which Morgan and Tomkins sold the two properties to the City of London Publishing Company—I do not know the name of Robert Andrews; as far as I know this is the first time I have heard that name in connection with this company—I do not know that £1,000 was to be paid to Morgan and Tomkins, or that they were to be manager and secretary for five years, at a salary of £300 a year each—I am not a director of any other company at present I have been a director of many companies that have ceased; none of the companies have done well—I was never a director of more than two or three—I was not chairman of any but this.

Re-examined. The registered offices of the company were never moved, to my knowledge—I don't know what the office was in Hart Street; we used to meet there, and subsequently in Friar Street—when the liquidation was resolved upon, as far as I am aware, the whole thing was taken to the liquidator's office; that was the usual course, and the directors ceased to have anything to do with the company—as chairman I should undoubtedly see the memorandum of agreement at the time, but I hare no recollection of it.

By MR. MATHEWS. We got fees two or three times, I think, that was all; a guinea each attendance, something of that kind.

By the COURT. The City of London Publishing Company was hopelessly insolvent in 1884, when it was voluntarily wound up; there were no funds—after it was wound up I did not take the slightest interest in it—I knew nothing of the sale to the Authors' Alliance; this is the first I have heard of it.

EMILY JONES . I am single—I live at 5, John Street, Adelphi; I am housekeeper there, and was so in 1886—I was subpœnaed in this case by the Treasury, but never called—in 1886 a Mr. Bellamy took two

rooms there as offices, and carried on business as Bevington and Co., publishers—he left in June, 1887—I never saw you there during the whole of that time or afterwards.

Cross-examined. Bellamy was distrained upon—I think one quarter was left—he went away suddenly—I have remained there since—I never saw Morgan before I saw him here.

WILLIAM ROWLAND PEARCE . I live at 27, Alexandra Road, South Hampstead—I am a concert manager and musical agent—I was subpœnaed by the prosecution in this case—I gave them papers and a copy of my agreement with the society—in 1891 I was engaged by the council of the International Society, to manage the musical agency department of that society—the engagement was made in September, and the agreement was signed in October, and I commenced my duties, I think, on the 19th of that month—my salary was £1 1s. per week and a commission of one-third on the profits made by that department—my instructions from the council were to do my utmost in securing paid engagements and public appearances of active musical members—those appearances were to be given where I could get engagements for them; naturally they would not take a very bad hall—I secured paid engagements for the major portion of the members, who joined with the idea of getting engagements—some of them were engaged as many as four times—an appearance at Princes' Hall or Steinway Hall is a good advertisement, and a very great advantage to members of the society, apart from any fee; in fact, many would pay to appear there—you were never offered or received any fee from any of the members for the privilege of singing at these concerts, although that is very frequently done in the profession—the council held their meetings about monthly—a proper minute-book was kept—so far as I know, you always did your utmost to promote the welfare of the members—a gold medal of the society was to be struck and awarded to the members in a competition at the end of June to the best setting of a four-part song—I was consulted about the best medium of bestowing the medal—it was given to Morgan to carry out the instructions—concerts were given under my management at the International Hall, Piccadilly Circus, on December 11, 1891, at Steinway Hall on January 7, and at Princes Hall on February 2 and March 22—I left the society at the end of March, 1892, because 1 thought I could earn more money by myself—Miss Kingham was my assistant while I was there; I do not know if she was appointed my successor—everything was carried on for the advantage and benefit of the members.

Cross-examined. The agreement was made on the 8th October, and I commenced my duties on 19th; by it I was to develop the musical department, and, subject to Morgan's direction, do such other things as should tend to the advancement and benefit of the society, and as remuneration Morgan was to pay me 21s. a week and 33 J per cent. commission upon all profits of the musical department—if the agreement says I was to have 33 £ per cent, of all moneys paid to the department, I did not have it—I wrote to a few professional members, because there were none when I joined, and I had to have some to work with—I received the £3 6s. 11d. shown by this account in January—I charged in that commission on several sums of £1 1s. coining from professional

members—that arrangement was come to after the agreement was signed—within a few weeks of signing the agreement I was to get professional members by means of applications—I wrote very few letters—Mr. Candlish wrote a few letters for mo, and I paid him, and charged Morgan with it; this is my account for 117 letters, on 9th January—those 117 were written in one week—on 16th January there it an account for stamps and gum and petty cash—I received altogether £2 14s. 6d. on 23rd January; £1 5s. 3d. was commission, and 8s. 34 I paid out for petty cash for 1,500 envelopes and 50 letters—on 3rd January I had £3 0s. 1d., £1 2s. 1d. being commission on 116 letters, and then there was the money for 500 envelopes and stamps for two week!—Morgan paid those sums—Morgan had the subscriptions, what he did with them I do not know—some, I know, were paid into the bank—I paid all moneys to Morgan, and accounted for them.

Re-examined. I have seen you making up paying-in slips for the bank for cash and cheques that have come in—it was necessary, in order to constitute and develop the musical department, that new members should be obtained—there would have been no musical department if musical members had not been canvassed, and I canvassed—I do not think it at all extraordinary that I should receive a commission for that work.

Robert Edwards was called on subpoena, but did not answer. The following witness was called to the character of Clarke.

RICHARD BAXTER DOAKE . I live at 24, Stanley Gardens, Notting Hill—I am Clarke's brother-in-law—I am a retired Indian planter—I hare known Clarke twenty years—his general reputation as a honest, respectable man is of the best—I am his bail in £200.

Cross-examined. He is an author and writer, and his wife is an authoress—he helped to publish her books—I have been out in India, and backwards and forwards, and saw very little of him, only as I came backwards and forwards—I retired from India in 1886—out of twenty years at least fifteen or sixteen were spent in India; while there I heard nothing against Clarke; I heard from home and heard of him—I have seen him from time to time since 1886, much oftener than once a year I believe his degrees of M. A. and LL. D. were given to him in America together—I don't know what he paid for them—he told me he was a director of the Authors' Alliance—I took no shares in it—I saw the prospectus with 8 per cent, guaranteed—we discussed it—I did not know Morgan was his friend of twenty years' standing—I did not know Morgan at all, I never heard his name mentioned—he told me before he was charged lately that he had got a cheque for his fees which had been dishonoured, and that he had retired from the Authors' Alliance—he told me that about 1st January this year—I do not know whether he had a banking account, or about his monetary position—before these proceedings were heard of directed his attention to something I had seen in the papers, and then ho made the statement to me

Morgan and Tomkins, in their defence, reviewed the evidence at length, and contended that the various societies had been started honestly, and had been worked with an endeavour to benefit the members, and that they had used no false pretences, and had not conspired to defraud.

Tolmie, Clarke, and Campbell, by permission of the COURT, made statements, in which they asserted that they had believed the societies were genuine and useful, and denied having conspired or having made false pretences.

MESSRS. LEVER, PAUL TAYLOR, and BONNER also addressed the COURT on behalf of their clients.

Steadman desired that certain letters he had written should be read by the JURY.

MORGAN, TOMKINS, and STEADMAN GUILTY on all counts, except the second;

TOLMIE, CAMPBELL, and CLARKE, GUILTY of conspiracy, except as to the second count. TOLMIE and CLARKE were recommended to mercy by the JURY. MORGAN.— Eight Years' Penal Servitude. TOMKINS.— Five Years' Penal Servitude. STEADMAN.— Fifteen Months' Hard Labour. CAMPBELL.— Eighteen Months' Hard Labour. TOLMIE.— Six Months' Hard Labour. And CLARKE.—. Four Months' Hard Labour.

The GRAND JURY and the COURT highly commended Inspector Richards for the skill and ability he had displayed in connection with this case,

View as XML