The Proceedings of the Old Bailey

 

69.   FRANZ FELIX  STUMM (34) , Feloniously forging and uttering a deed purporting to be between   Urban Napoleon Stanger and another with intent to defraud. Other counts for forging and uttering a receipt for 650l.

MESSRS. POLAND, SNAGG, and LITTLETON, Prosecuted; MESSRS. MONTAGI WILLIAMS and FILLAN Defended.

  CHRISTIAN ZEUTHER . I am a German, I can speak English—I live at the Black Bull in Old Montague Street, Whitechapel—I was formerly journeyman to Mr. Stanger, at 186, Lever Street, St, Luke's—I was then as a journeyman before Mr. Stanger purchased the business in 1879—up to that time it had been carried on by Jacob Kents—Mr. Stanger carried on the business continuously until November last year—on Saturday evening, 12th November, I saw him at 5 or 10 minutes to 12 o'clock, at midnight—there were three other master bakers along with him, the prisoner, Mr. Kramer, and Mr. Lentz—Mr. Kramer has since died—I have seen Mr. Lentz since—the three did not come into the house—I heard him say "Good night" and the three went home, and he came into the shop—I did not see him again, I went to bed—I did not see him go to bed—my bedroom is on the second floor, at the top of the house—Mr. Stanger's was on the first floor—Mrs. Stanger was at home when he came in—besides Mr. and Mrs. Stanger only me and another chap named Peter slept in the house—Peter works for Mr. Lentz now—next morning I had a conversation with Mrs. Stanger, in consequence of which I went to the prisoner's house in St. John Street Road—he was a master baker there, and lived there with his wife—I first saw the prisoner's wife, and afterwards saw the prisoner—I told him that Mrs. Stanger wanted to see him, and to come down directly—he said, "I will be there directly"—I then went back, and shortly after the prisoner came, about 9.30 or 10 o'clock in the morning—I saw him there till 2 o'clock, and then from 7 o'clock in the evening till 12 o'clock—he stopped there that night—I did not see Mr. Stanger that day, I have never seen him since—on the Monday morning 1 saw the prisoner there, he was baking the bread, attending to the business—about half-past 4 o'clock I said to him, "How is the master?"—he said, "Very ill—he did not say where he was—the prisoner helped in the business from that day till I left in May this year—I afterwards went back again—he did not live in the house at first, he was always there in the night for the first few days—hewent home in the afternoon—he slept there at night, in the parlour—of course he had to help at night in the bake-house—Mrs. Stanger continued in the house—the shop was painted and the name changed from Stanger to  Stumm—I think that was in April—I remember the prisoner being taken into custody—I was in Lever Street that evening, working there—Elizabeth Harvey, the servant, was there—we called her A lice—I saw her in the bakehouse about half-past 7 or 8 o'clock that evening—there was a gas lamp in the bakehouse—I saw her holding this paper (a mortgage deed) under the gas, to burn it; it was burnt as it is now—she was. obliged to go into the shop to serve customers, and she pushed it under the trough in the bakehouse—there was a space there under which it could be

pushed out of sight—first she pushed it with her hand—after she had served the customers she came back with a broom, and pushed it as. far down as she could—she then went back into the shop—I took it from under the trough, and looked at it—I saw Stanger's name on it, and I took it to Mr. Heinrich, who keeps a house of call for bakers.

Cross-examined, There were only two stories to the house, a first and second floor—there were two front rooms and two little rooms at the back—they were not all bedrooms; one of them they kept only for visitors-nobody but Peter and I slept on the second floor—there was nothing in the other room—there were only two rooms on the second floor—the last time I saw Mr. Stanger he was standing in the shop; Mrs. Stanger was standing behind the counter; that was about 5 or 10 minutes to 12—Peter was shutting the shop up—I was not in the shop, I was in the passage—those were the only persons in the house—the three master bakers were outside in the street when they said "Good night" to Stanger—I did not see them again that night—I heard nothing in the night.

Re-examined. After Peter had put up the shutters he came up to bed, about 10 minutes afterwards—I have seen Lentz lots of times since, but not for the last two months.

By the COURT. I did not see Mr. Stanger after he came in—I left him in the shop—I did not hear or see him go up to bed—the shop fronts the street—there is no parlour behind the shop; the bakehouse is behind the shop; the parlour is at the side of the shop—there is only one front door, that is the shop door; there is no private door; there is a door leading into the yard and the bakehouse—I did not hear Mr. Stanger go to bed that night.

  CHRISTIAN HEINRICH . I am landlord of the Black Bull in Old Montague Street—I know the last witness; I saw him on 13th September he showed me this deed, it was in the same condition it is now, and he told me to take care of it and give it to Mr. Geisel if he came to my place—I afterwards handed it to Mr. Geisel.

  JOHN MARTIN WARNS . I am a chemist at 65, Caledonian Road; no person named Charles Frederick Clark is living there—I went to live at that address in June last year—I do not know a Charles Frederick Clark, a brewer, in the neighbourhood—since then no such person has lived there—I knew nothing of the prisoner until I attended as a witness at the police-court, nor of Urban Napoleon Stanger, of Lever Street—I know nothing of the signature to this deed, "Charles Frederick Clark, 65, Caledonian Road. "

  THOMAS LETOH . I am a flour factor, of 5, Buxton Street, Mile End New Town—I knew Mr. Stanger about 14 years; I had business transactions with him; I was in the habit of supplying him with goods—he usally paid me by cheque on the London and County Bank—I last saw him about a week or two before his disappearance—at that time about 117l. was owing to me for flour—I afterwards delivered some flour at the shop, making the amount 133l. 17s. 6d.—part of that might have been for flour delivered after the 12th—about a week after Mr. Stanger disappeared I called at the shop and saw the prisoner—I think it was about the Tuesday—I probably spoke to the prisoner—nothing was said about Mr. Stanger that I remember—I afterwards received payment for the 133l. 17s. 6d., I can't say who from, I think I received it at the shop; it was by a cheque on the London and County Bank; it was paid in to my bankers, and I saw nothing more of it;

it purported to be signed by Mr. Stanger; that satisfied my debt—the signature, "Thomas Letch," to this deed is not my signature; it is not an imitation of it, not at all like it—I know nothing of it, I never gave any one authority to sign it—until the inquiry at the police-court I knew nothing whatever of such a deed—I know nothing of a Mr. Charles Frederick Clark, of 65, Caledonian Road.

Cross-examined. Somewhere about 117l. was owing to me before the disappearance of Mr. Stanger—the flour was on order, it might have gone in afterwards—I received payment for the flour that had been supplied before Stanger disappeared and that which was supplied afterwards, after the prisoner managed the business.

  PETER SCHROEDER . I live at 2, Virginia Road, Bethnal Green—I was a journeyman to Mr. Stanger—I last saw him on the Saturday night, I don't know the date exactly, I heard it was on the 12th, I can't say if it was November—at the commencement of my service I used to Shut up the shutters every Saturday night; in the week the shutters were not put up—I shut up the shutters on that Saturday night; Mr. Stanger was standing in the shop at the time; I can't say how long he had been there; I did not see how long he was there at that time, nor did I see afterwards how long he stayed, because I went to bed—I did not put out the gas and lock the door, that was not my duty—my belief is that Mrs. Stanger was in the shop when I went to bed, but for certain I cannot say.

Cross-examined. I put the shutters up—there was no lock to the door—I did not shut the door; I can't say whether it was open when I went to bed; I don't know whether it was locked or not; when I put the shutters up it was open, I can't say who shut it afterwards—my belief is that Zeuther came upstairs after me, I can't say for certain—I heard nothing in the night—I. came down in the morning at 9 o'clock—I went to the bakehouse, but not to make bread, on the Sunday.

Reexamined. I never saw Mr. Stanger afterwards—the prisoner came about 10 o'clock in the morning; he came from home.

  JOHN GEORGE GEISEL . I live at 81, Fonthill Road, Finsbury Park—I am a flour factor—I was acquainted with Urban Napoleon Stanger—besides having business transactions with him I was also a private friend—I had known him since 1866—I was well acquainted with his handwriting—the signature to this deed of 5th October is not his; it is an imitation—I say the same of the signature to the receipt at the back—I last saw Mr. Stanger in the early part of November last year—before that he had been abroad, about August or September—I kept on supplying him with flour from time to time—there was an unsettled account between us—I called at 136, Lever Street about that time; I could not say whether it was that month—it was after 12th November, I think about 9th January this year—I saw the prisoner there—I asked him where Stanger was; he said he was ill—I asked what was the matter; he said he had broken a blood-vessel, and that he was 75 miles down in the country—something was said about the delivery of the flour; it might have been on that occasion, or perhaps later on, I could not say for certain—he asked me to deliver the flour that had been ordered by Mr. Stanger before 12th November; I think it was about 20 sacks—I promised to deliver them—I received by post this letter dated 9th January, 1882, signed" U. N. Stanger"—the envelope it lost—it had a German postage-stamp on it, and I believe it bore the Kreuznach

post-mark—I received it about the 11th or 12th—I had seen the prisoner at the shop in Lever Street shortly before, and he asked me why I had not sent Robinson's flour—I said as there was a difference in the accounts between Mr. Stanger and myself I would rather wait until he came back from Germany or would rather like to have a letter from him, and I asked for his address so that I could write to him on the matter—I could not exactly remember the answer, but I tried to get the address from him, and could not—it was not exactly a refusal, he kept talking the thing out; he said "Oh, it is not necessary;" if I wrote the letter and gave it to him he would enclose it in a letter that he was going to send that evening—I said I could pay the postage myself, or I could direct the letter myself, let me have the address—still I could not get it; his reply was "I will write him in my letter what you have said about the flour, and no doubt you will get an answer about it from him "—Kreuznach was mentioned at some conversation, but whether it was at that time or any other I hardly remember, it is so long ago—he said that Stanger was in Kreuznach; he said he had a case on there, some action or lawsuit or something—I asked him on one occasion how he was getting on with the action; he said "Oh, the b——fool would have been locked up or charged with perjury or forgery," or something to that effect, perjury I think it was "if I had not sent a telegram over to Germany "—I asked how that was; he said "He had made an affidavit in Germany in my name, and that was the cause of sending the telegram to him"—the sum in dispute about the settlement of account was very trifling, it may have been about 12s—this letter of 9th January is not in the handwriting of Mr. Stanger; the signature is an imitation—I thought when I received it that it was a genuine letter, but I have looked at it carefully since, and I have not the slightest doubt on the subject—this letter and envelope of 11th January, 1882, are not Stanger's writing; the signature is an imitation—a week or 10 days after. I saw the prisoner again at the shop in Lever Street—he asked me if I had a received a letter from Germany or from Kreuznach, I don't remember which—I can't say whether he said from whom, but he led me to believe it came from Stanger—I said "Oh, yes"—he then spoke about the sending of the flour, and I promised to send it—the letter complained about my not sending the flour, and hoped that by this time I would have delivered at least 50 sacks, and the prisoner said "Well, send them on at once," and I agreed to do so——I did not send it—about the end of February or the beginning of March the prisoner called at my place—he said that Stanger had borrowed 650l. of a man named Clark on mortgage, and he said he had had the brokers in and had to pay the 650l. to get the lease back and get the brokers out—he said "That 650l. and 300l. which I gave him to mind and to put in his safe he has gone away with"—some time in April I offered a reward for the discovery of Stanger, and advertised in the Daily Telegraph on 24th April—I endeavoured all I could to And him—I was one of the executors under his will, and Mr. Evans was the other—I communicated with the police-on 28th July this year Mr. Evans and I proved Stanger's will—the personalty was sworn under under 850l.—this (produced) is the original will containing Stanger's genuine signature—it is dated 28th July, 1881—the date of the probate is 20th July, 1882—this (produced) is a mortgage deed from Stanger to Gooderson of the other premises; it has Stanger's genuine signature.

Cross-examined. I had been at one time on intimate terms with both Stanger and  Stumm—I no doubt said before the Magistrate "My friendly terms with the prisoner had ceased before Stanger was missing"—it had ceased to a certain extent—I also said "When Stanger disappeared my unfriendly feeling was stronger against the prisoner"—I suppose it is just about the same now—I acted for Stanger last September when he went to Germany—it is true that on his return I had 35l. of his in hand—I did not swear that I had Bottled up all accounts with him, and had no money of his—I will not swear that I did or did not say that I had settled all accounts with him; I might have done so, I can't remember—I had 35l. of his, I have never paid it—I might have said at the police-court "I made an affidavit that I had settled up the accounts; "I can't remember all that I said there; I don't remember—Mr. Evans is an intimate friend of mine, and has been for some time; he is a solicitor's clerk, he used to be with Ashley and Tee, perhaps six months ago, I can't say how long—he prepared the will, I believe; I did not instruct him to do so, Stanger did—he knew Stanger, I introduced him—he has not been convicted of fraud within the last few months; he is here—in the bankruptcy the trustee advertised the shop and business fur sale—I applied to the Court of Bankruptcy to restrain the sale, and the Court adjourned the sale, the trustee promising not to sell until the motion was heard—I cannot say whether on that same day I and Evans and six men took forcible possession of the premises and seized everything; it was the same day or a day or two after, before the motion was heard—we did not take forcible possession, we took nossession by instructions through counsel—the trustee applied to the Court to order us to leave the premises, and the Court ordered us to do so, and to pay the costs—I might have said before the Magistrate "I have known Evans ten years, we have been on most intimate terms; we consulted together a short time after Stanger had gone away; we have been consulting together ever since"—if it is there, no doubt I said it—we have seen each other pretty well every day since Stanger disappeared—I don't know that we wanted to charge the prisoner with murder; we wanted to find out where Stanger went to—I don't know that we ever mentioned about murder, only about the mysterious disappearance—we might have mentioned about it in conjunction with Mrs. Stanger having murdered him; I can't say for certain, I won't say anything—I never said so; the report was current—I never spread the report—I won't answer whether it is not my belief.

Re-examined. The only interest I have under the will is 10l. for my trouble as executor, and Evans the same—after Stanger's disappearance we proved the will and tried to realise the estate, so as to carry out the directions of the testator—at that time there were bankruptcy proceedings pending—the bankruptcy has since been annulled, so that we have now the control of the property, to carry out the testator's wishes—I cormmunicated with the police before Inspector Badky was called in to try and trace Stanger—he was called in it might be in March, I can't say exactly—I gave them all the information in my power so that he might be traced—I have never had a trace of him.

  CHRISTIAN ZEUTHER (Me-examined by Ma. WILLIAMS). I think I left Stanger's premises in May, I am not sure—the prisoner and his wife and Mrs. Stanger were then living in the house—I can't remember whether it was at the end of March or the beginning ef April that Mrs.  Stumm first came to live there.

  SIMON MOLL . I am a German, and am a baker, living at 57, King Henry Walk, Kingsland—I knew Mr. Stanger 12 or 13 years—I last saw him at the beginning of November, 1881—he owed me 250l., which I had advanced in October, 1879, on the shop in Lever Street—the principal has never been paid; the interest, 5 per cent., was paid regularly every year—I called in Lever Street about the middle of November (there was no interest due then, it had been paid on 26th October, Mrs. Stanger brought it)—I then saw the prisoner and Mrs. Stanger—I asked the prisoner, "Where is Stanger?"—he said, "He is ill, he has gone into the country, about 76 miles down the country "—he said he had broken a blood vessel, he worked so hard—I called again in December; he then said he had had a letter from Mr. Stanger, that he was getting a little better, and he would not return this side Christmas—I asked if he had any doctor—he said, yes, there were two doctors—I saw him again on 26th December, Boxing Day, at the shop in Lever Street, and I told him about the money Stanger owed me—he said it was made between him and Stanger that he should pay me, and he promised to pay me in a fortnight—he said there was a mortgage made for 650l. on the shop on 5 th October, 1881, with one of the Freemasons that Stanger used to belong to, and it was to be paid off on the 5th of January, 1882—I called again about the middle of January—I asked if Stanger was better—he said he was gone to Kreuznach, and he was coming back about 28th January—I called again at the end of January, after the 28th, I saw the prisoner and Mrs. Stanger—I told the prisoner I wanted some money; I asked for the 250l., not for the full amount, but for 50l., and I received it in a cheque from the prisoner on 11th February—I paid it away—I do not bank—it was honoured—I afterwards received 25l. in gold from Mrs. Stanger on 6th April—I asked for more after that, but did not get any more—I then petitioned to have Stanger made a bankrupt—I always found the prisoner at Lever Street when I called, at first he was managing the shop.

Cross-examined. I petitioned the Bankruptcy Court because I could not get my money, that was the only reason—I have sworn "it was in consequence of Stanger's mysterious disappearance, to give the creditors an opportunity of examining  Stumm, who it was alleged knew something of Stanger's mysterious disappearance"—I did not mention about the mortgage for 650l. before I was examined at the police-court, after the mortgage deed had been produced—I was not examined at the Bankruptcy Court—I was present—I made an affidavit—I heard  Stumm examined there.

Re-examined. I made a statement at the solicitor's office—that is it it is dated 30th September—I believe I mentioned the mortgage deed there.

  HENRY IMHOFF (Policeman) I am stationed in Commercial Street, Shoreditch—I have been acquainted with  Stumm for some time in America—in May last I went to see him in Lever Street—he said the master bakers were making a noise about Stanger—he said, "I know nothing about Stanger"—the last time I saw him was on a Saturday night, when I went to his shop, when he told me that he had arranged to go out the following day, and that  Stumm said it would be impossible for him to do so, as he had a lot of money at the house and he must leave somebody in charge of it; he said "Stanger told me that it will be all right if you bring it round to me, I will put it in my safe"—and he said, "I took the

money there and left him on a Saturday night; on a Sunday morning I was sent for to come to Stanger's shop and on arrival found Stanger gone Id also my money"—he said, "I then took possession of the shop—he mentioned a sum of money, 460l. or 480? and 200l., that he had drawn out of the bank, that, he said, he had left in Stanger's possession—and he said "I paid away a lot of money for Stanger that he was owing to different millers and other people;" he said, "They can't do nothing to me I haye papers to prove for what I have paid away he then went to a desk and brought an envelope with some parchment like this document in it—he opened the envelope and showed me the stamp; he said, "You see it is stomped all right; I just received it from my solicitors—he showed me several other papers that I did not take particular notice of; he showed me the deed, but I did not take particular notice the signatures he said it was a mortgage that Stanger had borrowed some money on the shop, and that he,  Stumm, had to pay off.

Cross-eamined. I am not sure that this deed is the identical document ALBERT STEPHBN HATCHETT JONES. I am a solicitor of 47, Mark Lane—I knew Stanger eighteen mouths ago I acted as his sohcitor when he purchased the shop in St. John Street Road-about 22nd or 23rd November the prisoner came to my office with a lease of 136 Lever Street—he told me that Stanger had borrowed 650l. from Mr. Charles Frederick Clarke, a brewer, of 65, Caledonian Bead on 5th October, and that Stager had promised to give a mortgage to Clarke of 136, Lever Street and he asked how soon a mortgage could be prepared—I said he could have it next day—heasked how much it would be, and the costs were settled at five guineas—hecame in the afternoon and took away the ease I took the parcels and prepared the mortgage at once-toe original lease is dated 30th June, 1877—I sent the draft mortgage to Waterlow's and had it engrossed on stamped parchment-the prisoner came again the following day and asked if the mortgage was ready—I told him it was—hesaid "Stanger is busy and can't come; what will be necessary to have the deed executed?"—I filled up the attestation clause and told him he knew how to get the deed executed, he was to be careful to say "This is my act and deed," and the witness must attest where the attestation clause was and must sign the receipt he paid the five guineas and took the engrossment away with him—I saw him again in February or March, it may be fee 22no February—hebrought the same mortgage he said he had paid it off when it was due on 6th January and made arrangements with Stanger to buy the place, and he wanted to have this mortgage assigned from Clarke to himself I asked for the other deeds and found a covenant that there could be no assignment of the term without the consent of the original lessors—I said "The best thing to do is to have the surrender of this mortgage, and then we can get the consent from the original lessors to the property being assigned from Stanger to you" he gave me instructions to Lethal done, and I prepared the assignment of mortgage by endorsement from the mortgagee back to the mortgator and the recital that Clarke had received back his 650l. the money had been paid it was prepared as it is now with the attestation clause to it this is the deed; it brings back the property to Stanger—I do not know that this has been charged for, there was other business of his in the office he brought it back, with the surrender endorsed upon it I saw him afterwards about the assignment—the matter was left to Standing, the clerk.

Cross-examined. The document is useless—the property has been since sold to the prisoner—I was solicitor for the trustee in bankruptcy unil it was annulled—the accounts were investigated before the Registrar—I believe  Stumm has paid over 700l. for Stanger on account of his debts—at the bankruptcy the prisoner never made any claim to the premises under any deed—the trustee advertised the shop for sale—it was sold by auction—the prisoner paid 875l. for it.

Re-examined. I was solicitor to the company—I know that the prisoner claimed that Stanger was indebted to him 1,500l. or 1,600l. in the Court of Bankruptcy.

  CHARLES JAMBS WILDBRSHILL . I was clerk to the last witness in February last—the writing on the back of the assignment is mine—the deed was executed at the time.

  JACOB PIROD . I am a baker, of 44, Wells Street, Oxford Street—I have known Stanger since 1866—he is a native of Kreuznach, in Germany—on 23rd January I went there and returned on 4th February—I saw Mr. Shallow, his legal agent—he gave me a letter for Stanger—I saw nothing of Stanger there—I inquired of several millers and tried but could not find him—about three weeks after my return I went to the shop in Lever Street—I saw  Stumm—I had known him from a child; we both asked if the other had got any news and both said no—I said "Where is Stanger?"—he said "He is in Germany, I cannot say if he is in Kreuznach"—I said "No," then he said "Yes," and I said "No" again—he said" Yes, he writes a letter from there—I told him "No, he is not there, I had come from there, my father died and I went to the funeral"—then he said "If he ain't there I don't know where he is"—I said "Mind, Felix, the people talks rather funny about you"—he said "Oh, everybody had better mind his own business "—I said "Yes, that is right, only sometimes we cannot help minding other people's business as well"—I said Shallow had written six letters over here, three to Stanger and three to him, and could get no answer, and so he sent a telegram as well—he said "It was about that affair of that money; Stanger lent some man some money over in Kreuznach; Mrs. Stanger's father has got it in hand"—I said "Why don't you answer the letter to Mr. Shallow?"—he said he did not think anything about it, he did not think it was worth troubling over it—I asked him "Who belongs to the shop?"—he said "This man "—I asked him how much he gave for it—he said "A lot of money"—he said he gave the lot of money to Stanger—I asked him how much, but he would not tell me—I asked to see Mrs. Stanger—he said "She is ill in bed," and I could not see her—in August I went to Kreuznach again—I saw Shallow and Stanger's sister and brother—I could get no tidings of Stanger.

Cross-examined by MR. WILLIAMS. I was intimate with  Stumm. OTTO BRADEN. I am a clerk to Messrs. Brontoff and Co., 3, Jeffrey Square, St. Mary Axe—Mr. Stanger was my cousin—he was about 85 or 36 years old—I saw him last in November of last year—about 4 p.m. on 12th November I saw him at his shop—about 1.30 the next day, Sunday, I was there—he was not there—the prisoner was attending to the business—I said to the prisoner "What is the matter that you are here attending to the business?"—he said "There was a nice affair on last night"—I asked him what it was—he said Stanger had beaten his wife and went afterwards away; he came to his house in St. John Street

about 3 or 4 o'clock, and called him; he came to the window and asked him what he wanted; Stanger had asked him to come down, and observing that he was not sober he thought that Stanger intended to make a joke, but alterwards he spoke with him to meet him on the evening of the same day, Sunday, at a public-house opposite  Stumm's own shop—on Tuesday evening, about 9 o'clock, I went to Baker Street—I saw the prisoner again later in the evening—he told me he had not heard anything yet of Stanger—He asked me to go to a public-house near Aldgate, and to ask for Stanger, as if he went away and left his wife he certainly would be in this public-house to hide himself—I went there on the Wednesday night, but nobody knew anything about it there—I next went there on a Wednesday night—Mrs. Stanger was present—on one of the evenings I was there in the same week Mrs. Stanger and  Stumm were present— Stumm said it would be very advisable to go through the millers' accounts to see how much money Stanger owed to the different millers—Mrs. Stanger fetched the account books from a desk in the shop—Mrs. Stanger had the keys and I took an unused book and wrote down the different amounts—there was a cheque-book—we found after this calculation there was a debt of 900l.—this is the book in which I wrote the different amounts in pencil—to the best of my belief some of the writing in this book is changer's.(The witnees was directed to mark the pages where Stanger'e writing appeared, and to turn down the pages where he was doubtful.)

Cross-examined by MR. MONTAGU WILLIAMS. Stanger was imperfectly acquainted with the English language, and spoke broken English—he got others to fill up his cheques; I did it for him—I think I did not say all I have said here before the Magistrate—I went to the safe about eight days after Stanger disappeared—Mrs. Stanger told me to go and see what the contents of the safe were because she did not want to open it herself for the first time—she gave me the key—I found an envelope containing some papers and an old lease of a former shop in Cable Street, and some jewellery belonging to Mrs. Stanger—I have some doubts about the writing in the pages that are turned down.

  HENRY RADKEY (Police Inspector). On 22nd or 23rd April I received instructions to inquire about Stanger—on 28th April I saw the prisoner at 136, Lever Street—I told him I was an inspector of police, that there were strange rumours about the disappearance of the former occupier, and as he was one of the most interested parties in it I wished to have from him a true statement of all the circumstances as far as he knew—he showed me over the premises, and afterwards made a statement, which I took down in writing at the time—I read it over to him; he said it was quite correct and signed it, but he altered one name; at first he said Mr. Jones, and afterwards altered it to Mr. Sharman—Sergeant Briers was with me—I got no trace of Stanger in London—on 24th May I went to Kreuzuach, one of the Rhine provinces in Prussia—I there inquired for Stanger, but got no tidings of him—I saw his relations and Mr. Hoffman, who gave me this letter of 11th January and this envelope—on 12th September I received a warrant for the prisoner's arrest—I saw him at his shop door in his shirtsleeves—I said "Mr.  Stumm, I have come to arrest you "—I read the warrant to him—he said "All right, I will come; let me put on my coat first"—the warrant was for forging and uttering an order for the payment

of 76l. 15s.—he said "That was the cheque I told you about before"—at the station he asked to see the cheque—I showed it to him—he said "This is the cheque I endorsed in my shop and paid through my bank; I paid the money for it after I received the money for it myself"—I searched 136, Lever Street, the same evening about 8—I did not find there Stanger's pass-book or cheque-book—I found counterfoils of the prisoner's paying in slips and this old mortgage deed of February, 1873, and a will of a Mr. Kramer—I found that in the servant's bedroom in a large envelope—the prisoner is one of the attesting witnesses to, it—it seems to be the same writing.

Cross-examined. The first charge that was brought was forging this cheque, which had been paid through Stanger's bank, the clerk believing it to be Stanger's signature—I saw the prisoner write this, "Franz Felix  Stumm"—I heard him say that he endorsed the cheque in his shop—I find on the back of the cheque "F.F.  Stumm"—in my opinion it is in the same handwriting as the Franz Felix  Stumm—I think the "U.N. Stanger" is in the same handwriting—the body of the cheque is similar to the prisoner's handwriting—I got these four letters and two envelopes from the prisoner's mother-in-law, Mrs. White or Knight, of St. James's Road, Holloway.

Cross-examined. The persons first instituting the prosecution were Geisel and Evans; after the first hearing it was taken charge of by the Public Prosecutor.

  RALPH GREEN . I am a fishmonger, of 90, Central Street, St. Luke's—I attested this will at Kramer's house in his bedroom in the prisoner's presence—I saw this endorsement made by the prisoner; the attestation was made after the will was signed—the prisoner and myself attested the signature of Kramer.

  HENRY BUTCHER . I live at 27, Mount Pleasant, Clerkenwell—I have seen the prisoner—I saw this document (marked B) written by the prisoner outside the shop in Lever Street.

  GEORGE WILLIAM DANTER . I am a clerk in the London and County Bank, Shoreditch Branch—on 14th December last the prisoner opened an account there and signed his name in the book in the ordinary way, and paid in 503l. to his credit—I have from that date from time, to time seen him write several times—I know his handwriting well—I believe the English parts of these letters of 9th and 11th January are in his handwriting, I can't say for the German—I believe the envelopes also to be his—I have compared this small pencil paper with the others; I have no doubt they are in the same handwriting.

Cross-examined. I have been a bankers' clerk about six years—I see a good many different persons' handwriting—I believe all the endorsements at the back of this cheque are in the prisoner's handwriting—I don't think the signature "U.N. Stanger" is his writing—I believe one of the signatures of Clark on the deed to be the prisoner's hand-writing—I could not say whose the other is—I don't think they are both written by the same person—I do not think that the Urban Napoleon Stanger to this deed is the prisoner's writing.

Re-examined. I never saw Mr. Stanger write—I have a copy of  Stumm's account from our books.

MR. JONES (Re-examined).  Stumm has sold other property, and I prepared the deeds—that was completed on 31st October, 1881; that was

the St. John Street property—the lease sold for 400l., and I believe something else was paid for fixtures or stock or something.

  GEORGE SMITH INGLIS . I have an office at 13A, Bed Lion Square, and am a lithographic writer—I have for many years been accustomed to examine handwriting and make fac-similes—I made fac-similes for the Lord Chief Justice in the Tichborne case—I have carefully examined the endorsement on Kramer's will, the endorsements on the cheque, this piece of paper with the pencil address, these four letters, and two envelopes—in my judgment they are all written by the same person—the letters of 9th and 11th January, and the envelope addressed to Hoffman, in my judgment are in the same handwriting as the others—the "Chas. F. Clark, 65, Caledonian Eoad," on the deed of 5th October is in my opinion in the same handwriting as the other documents—that attestation and the writing on the back of the will appear to be almost identical—the "F. F.  Stumm,131, St. John Street Road/"the two envelopes marked 14A and 12A, appear to be almost identical—I have compared the signature of Charles F. Clark with the endorsement on Kramer's will, on the cheque, and the two envelopes, and in my judgment they are in the same writing—I have compared these with the signature of Charles F. Clark to the surrender, and in my judgment they are the same writing—the signature to the cheque and the signature of Stanger to the mortgage are in my judgment very much like the signature to the will, but the lines in the signature to the cheque are so very shaky in comparison with any signatures I have seen of Stanger's—the signature to the will, I think, is not written by Stanger—I have compared the signature to the cheque and the signature to the deed of 5th October, also the signature to the receipt; they are very dissimilar.

Cross-examined. I do not think they are written by the same person—I can't say that the signature to the cheque was written by a different person to the signature-on the deed—my opinion is that the signature to the cheque is a fair copy of the real man's signature—I cannot say whether the signature to the deed and that to the cheque were written by the same or different persons; on the cheque it is "U.N.," on the deed it is "Urban Napoleon"—in my opinion the same person who signed the cheque signed the deed, although they are very dissimilar—I do not believe that the same person who signed the cheque signed the will, from the shakiness of the hair lines of the capital letters—if a person had been drinking it would make the hand shake—this is the first time I have been examined as an expert in a Court of Justice—I knew Mr. Chabot—I have been told that he sometimes made mistakes.

  GEORGE JAKES GREEN . I am chief clerk in the London and County Bank, Westminster branch—Urban Napoleon Stanger had an account there—I have made an extract from his account from 5th October, 1881, to 3rd January, 1882—on 12th November, 1881, his balance was 431l. 14s. 1d.—his account is debited with this cheque for 76l. 15s. On 3rd January; it went through the bank on that date—that reduced the debit to 11s. 7d.—this is the only cheque we have left of his; the others were given up with the pass-book—I can't say when it was last given up; it was between 7th or 8th December and the 31st of last year—I do not know who it was given to Cross-examined. He had banked with us two or three years. CHARLES ALBERT. I have looked over a translation of these letters of

9th and 11th January, and the envelope of the 11th—they are correct. (The envelope was directed to Mr. L. Hoffman, Stoltzenfelds, Rhine Province, Germany, and bore the Kreusnach post mark of 13M January, 1882. The letter was dated London, the llth January, and purported to be from Stanger, requesting Hoffman to forward any letters addressed to him, Stanger, to the prisoner at 136, Lever Street, and requesting him to post the enclosed letter, which was addressed to the prisoner, and stated that he should not return till the 27th or 28th.)

  CHARLES LEGGATT BARBER . I am shorthand-writer to the London Court of Bankruptcy—I have before me the Bankruptcy proceedings in the case of Urban Napoleon Stanger—the date of the petition is 23rd May, and the adjudication the 25th—the prisoner was sworn and examined in the usual way on the 25th—I produce n transcript of my short-hand notes of his examination in support of the petition, and also on the 28th in support of the proof of debt—it is correct—four creditors only proved debts, the total debts being 1,860l. 18s. 3d., and that proved by the prisoner being 1,573l. 9s. 3d.—I don't think any statement of affairs was filed, the bankrupt not appearing—the bankruptcy was annulled by a decision of the Lords Justices on 17th November, on the ground that there was no proof that the bankrupt was alive.

Cross-examined. The other creditors are one whose name I cannot read, 11l. 16s. 6d.; Mumford, 96l. 5s.; and Maule, 179l. 7s. 6d.

  GEORGE PHILIP LENTZ . I am a baker, of Whitecross street—I knew Mr. Stanger—I last saw him on Saturday, I believe, 13th November last year—I was with him and the prisoner in a public-house—I afterwards went with Stanger to his house; I saw him go in, and bade him good-bye and came away, and I have never seen him since—I can't exactly remember whether I went away from the house with the prisoner, or whether he stopped there—we parted near there and I went away.

Cross-examined. I am not able to say that the prisoner did not go away with me—we were all on friendly terms that night.

(Portions of the prisoner's examination in the Bankruptcy Court were read by sin. POLAND.)

Witness for the Defence.

  ELIZABETH STANGER . I am the wife of Urban Napoleon Stanger—up to 12th November, 1881, I was residing with him in. Lever Street, St Luke's—he understood English—before 12th November he and the prisoner had been on terms of friendship—the prisoner has lent my husband money—I remember seeing some money pass between them on 12th November; it was in gold—excuse me, it was not the 12th when my husband left me, it was the 19th—he had lived with me on the premises up to the 19th—on the day of his disappearance the prisoner gave my husband the money—they wanted to go out together on Sunday, and the prisoner said he was frightened of his money, and my husband told him to bring it down, and he would keep his money in the safe, it would be safer there than in his own house—on the Saturday night, the 19th, my husband, the prisoner, and two friends came to the door; they wished my husband "Good-bye" at the door—neither of them came in with him—when they left my husband the shop was shut up, and we went into the parlour, and we had a few words—he was sitting in the parlour a little while, and I wont upstairs—hetold me he would leave me and he always had told me so—he went

upstairs into the bedroom—I was in the parlour—as he came down I went up and went to bed and went to sleep, leaving him in the parlour—I got up about 8 next morning—I did not see my husband, and I have never seen him since—I had no hand in making away with him-—I know nothing about his disappearance except what I have told you—I believe he is alive at this moment—I have signed his name many times with his approval—he was in the habit at times of getting people to fill up the bodies of cheques for him—the signature to this cheque for 70l. odd is my husband's—I don't know when I first saw that cheque after he disappeared—I don't remember that I have seen it until this moment—the body of the cheque is in another handwriting—my husband was sometimes in the habit of signing a cheque without the body of it being there, because he could not write the body of the cheque out—a gentleman named Schmidt wed to come to the shop; I don't know what he was, but my husband had done some business with him—I see the name of "Urban Napoleon Stanger" at the foot of this deed. I wrote it—I believe there were pencil marks which I wrote over—nobody was present when I wrote it; the prisoner was not present—the name of Thomas Letch and the address I had wrote by somebody, a person that used to come in the shop, I don't know her name—nobody else was there when it was written—I could not write English well, so I asked a person to write it for me—I believe there were pencil marks tracing the name before it was written—the prisoner was not present when it was written—I wrote the words, "Chas. F. Clark, 65, Caledonian Road"—to to the best of my belief there were tracings where that was—at the time I wrote these signatures on the deed I, of course, believed that my husband would return—I wrote those signatures because I thought to protect the business; I did not mean to do any wrong—I knew at the time that the prisoner had lent my husband money—I had no intention to defraud anybody.

Cross-examined. It was about 1 in the morning or a little after when my husband went up to his room—he stopped up about half an hour; I went up as he came down—that was about a quarter of an hour or twenty minutes later—that was the last I saw of him—when I awoke in the morning he was no where—I went in the parlour, and he was not there—he had said he would leave me—I don't know what for—he said when he had plenty of money he could go where he liked—I said, "What do you want to leave me for"—he said, "I have always told you I shall leave you, and I shall do so"—I did not see him go away—he left the keys of the desk and safe behind—the keys were all in the bedroom, on the floor, and I picked them up—three days after he was gone I found them on the floor of the bedroom—I had slept in the bedroom on those three preceding nights—his pass book was left behind—I did not see his cheque book that night—I have not got it—I have never seen it since—I don't know what money he had in his bank—I don't know where the counterfoil of the cheque is—I know nothing of the old cheque book—I believe the prisoner filled up the body of this cheque—I do not know when he filled it up; I cannot recollect—I know he paid the money—I don't know that he filled it up—I don't know any of the writing at the back—Mr. Charles Smith has come in the shop when my husband was there—I last saw him a few months before my husband left—my husband never told me who he was—I heard my husband call his name—he did not always say "Charles Smith;" I heard him say "Smith"—I did

not hear him say "Charles Smith"—I heard him speaking to a man he called Smith—he had done some business with him—I don't know whether he had sold him flour—I knew nothing about Smith's business—I don't know where he lived—I can't say anything more about him—that was the only time I saw him—when he came for his money I did not see him; I was not there—I did not see him more than once, but he came to the shop twice—I wrote the name "Urban Napoleon Stanger" to this deed—I saw it in Lever Street—it was there—I first saw it after my husband left—a little while after; I could not tell exactly—it might have been a week or a fortnight—the prisoner did not show it to me—I first saw it in the safe—I had the key—I used to have the keys—I did not put it in the safe—it must have been in the safe—I don't know how it got there; it must have been there before I had possession of the keys—I had possession of the keys three days after my husband was gone—I did not keep them in my possession—I went away a little after Christmas—I kept them till I went away—I took the deed out of the safe, I did not read it—I signed my husband's name to it, because I heard him say to the prisoner that he was going to make a mortgage for the money he owed him, and I thought this would be the paper, that made me sign it—I could always write like my husband—I did not write his name on any other part of the deed—I don't know who wrote the receipt at the back; I only wrote the bottom one—I am positive of that—I only wrote the one, not the other—I wrote "Charles F. Clark, 65, Caledonian Road "—I had it wrote in the shop by somebody who came in, a man, because I could not write it—I did not know the man—I asked him if he did not mind to write that name down for me, as I could not write it well—I told him the name "Charles F. Clark" as it is here—I told him to write "65, Caledonian Road"—I did that because I thought it would be better, to protect the business, as it has been—I thought it had been in the paper before—it was done across the counter, in the open shop—I can't tell the day—the man was a customer who came in for bread—I did not think I was doing wrong, or else I should not have done it—that was done before I had signed my husband's name to the deed—he did it at once; he did not say anything to me—the man did not know what it was—I had the other signature, "Thomas Letch," done about the same time, the same day—that was done by a girl who used to come into the shop to see me—I believe it had been done in pencil, so I could see what was to be done—the girl used to come into the parlour sometimes to see me—she did it in the parlour—I don't know her name—it is Mary; I don't know her other name—I asked her if she would write that down for me, as I could not write it well—she wrote "Thomas Letch, flour factor, Lower Buxton Street, Mile End"—she did not ask why I wanted her to sign it—I could not tell whether "Charles F. Clark" was there then; I did not notice—I do not know who wrote that—I see it now for the first time—I have not noticed it before—after the person signed the deed I left it in the parlour, and the prisoner took it afterwards, I don't remember whether it was the same day or two or three days after—I don't remember the day of the month, or the month—I don't know whether it was December; to the best of my belief it was—I don't exactly know how long it was after Stanger went away; I should think it was about a month after—I left the house in the beginning of March—I don't know who put the pencilling on this parchment—I do not know Mr. Jones, the solicitor—I don't know who got the parchment

prepared—I heard my husband talk about making a mortgage for the prisoner for the money he had lent him—whether it was this I don't know; I did not read it—the prisoner never told me that he had been to Mr. Jones and got the parchment prepared—I do not know how much money my husband had in the bank when he went away—I had nothing to do with drawing it out after he had gone—the weekly takings in the business were about 65l. to 75l.—I have took that in August or September last year—the prisoner and my husband went abroad together—I can't tell the date they returned; I believe it was the end of August—they came from Kreusnach—they are both natives of Kreusnach—after my husband went away this time the prisoner managed the business—I left all the business matters to him—he was at Lever Street—he went home, he did not exactly live there, he slept there—he stayed in the daytime, but not in the afternoon, he went away in the afternoon—I have been married 13 years—I had a child on 6th October this year; that was my only child—I wrote these letters—the prisoner wrote this direction, "F. F.  Stumm, 136, Lever Street, St. Lukes "—I wrote the word u Address"—the prisoner wrote the whole of the address "Mr. L. Hoffman"—the prisoner was not present when I wrote the letter—I done it for the best I—I thought I was doing it for the best, for the creditors to get their money—I fastened the envelope up—I did not enclose any letter in it, I am sure of that—the letter says, "Put this letter in the post, for the Suabian need not know where I am; for I have already lost enough through such scamps"—I wrote that—I did not enclose a letter; I cannot explain it, I don't know the meaning of it—u the Suabian "means Hoffman—I don't know who I meant when I wrote that—1 could not tell whether I wrote it of my own accord, or. whether it was dictated to me—it was not dictated to me by the prisoner, I done it on my own account; I don't know what it means—I introduced the name of the Suabian because Mr. Geisen owes me a lot of money; I suppose that is what it means—I meant him when I wrote those words—1 wrote the letter of 9th January, including the signature of my husband—the prisoner was not present when I wrote it—the "dearest George" means Mr. Geisel—I only wrote those letters—I do not know anything about other letters.

Re-examined. When the prisoner came of a night it was for the purpose of superintending the baking—I was not there when Mrs.  Stumm came to live there, I went away in March—I came back three or four months before Christmas—I lived then with a friend of mine—I was not living with the prisoner, he was living with his wife—he is not the father of my child—before I signed this deed it looked to me as if it was done in pencil—I put only one signature on it—the prisoner and my husband's nephew went to the safe together, I believe the following week after my husband disappeared—my husband when he was at home always had the keys in his pocket; after he disappeared I had them in my pocket—I did not know where the lease of the premises was—I was taken up on a warrant and put alongside the prisoner, and charged with forging the cheque; and then I was discharged on my own recognisance.

By the COURT. My husband had frequently threatened to leave me some time before, a long time before he went—he never had rone away from me—I don't know why he threatened to go away—he always said he would leave me—we were on friendly terms, but he was very hasty, and the least thing would make him turn—I asked him what he was

going to leave me for, he said he could get on better without me—we quarrelled that night, as I was cross because he stopped out so late—I had not been out that night—the prisoner, Kramer, and Lenz came home with my husband—my husband had the keys of the safe that night; that I am sure about—we had no servant; a woman came in and done the work every day; she attended to and cleaned my bedrooms—I found the safe-key under the bed; I have not got it here; I don't know where it is—I did not open the safe by myself—when I found my husband had gone on the Sunday morning I went to make inquiry about him—I told the people that came in the shop, his friends—I did not go to the police; I wanted to go, and they told me not to go—my husband's nephew told me so; he came to the shop that morning, but I did not speak to him that morning—I did not go to the police to try to find him—I have only seen Mr. Smith once; I don't know whether I should know him again—I have not been anywhere to inquire about him; I did not know who to ask—his Christian name is Charles—I only know that by this paper, the deed; the cheque, I mean—I did not know his name was Charles till I saw it on the cheque—I never made any inquiry about where he lived or what business he was carrying on—my husband never told me much about the business; he never let me do much; he had books, but always kept them locked up in the desk—I have known the girl I speak of a long time; she had been a customer of mine; not for several years; I have not been there several years, only about 12 months—she did not come into my parlour very often—I asked her to come in as a friend—I never asked her where she lived—I did not know her name; as the name was done in pencil I thought it was better to do it—I thought it would protect the business for the creditors, that the creditors could not come and take it; I mean to protect the business against the creditors.

GUILTY .— Ten Years' Penal Servitude.