10th September 1883
Reference Numbert18830910-848
VerdictGuilty > unknown; Not Guilty > unknown
SentenceImprisonment > hard labour

Related Material

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

848. JOSEPH WHITTARD (48), ALFRED HILL MAYER (34), WILLIAM HOPE alias GRIFFITHS (38), ROBERT GUYOTT (53), CHARLES ROGERS (26), HENRY MILLER (48), WILLIAM WILSON WOOLLEY (50), ALFRED BIXTON (26), HENRY NEWBERRY (53), and WILLIAM STYLES alias TIBBS , were indicted for unlawfully conspiring by false pretences to obtain goods from divers persons with intent to defraud. Other Counts varying the form of charge.

MESSRS. BESLEY, MONTAGU WILLIAMS, and GILL Prosecuted; MESSRS. FULTON and WARBURTON appeared for Hope, MR.R.R. BEARD for Guyott, MESSRS. BLACKWELL and HOPKINS for Rogers, MR. KEITH FRITH for Miller, MR. GEOGHEGAN for Woolley, and MR. BROUN for Styles.

CHARLES BEBRY (Police Sergeant Y). On 23rd June I apprehended Rogers at 122, Caledonian Road—I said, "I am a police officer, Rogers, and I am going to take you into custody for being concerned, with others in committing long firm frauds"—he said, "My name is Rogers, but I know nothing of any frauds; have you a warrant?"—I said, "No, but I shall take you to King's Cross Station, where you will be detained until the warrant is produced"—he said, "Very well, I will go with you"—I searched him, and found on him a quantity of letters and papers, which I handed to Mr. Wontner, who was acting as agent to he Treasury.

Cross-examined by MR. BLACKWELL. I did not make a list of the paper

which I took from him; I could identify most of them; there were from 28 to 30

ROBERT BISHOP . I carry on business at Haggerston Railway Arches as Bishop and Co., brewers—in January,. 1882, I was acting as agent for Bishop, Chaplin, and Co., brewers, of Colchester—in that mouth Rogers came into my employment and remained for about five weeks; he left in the beginning of March—during those five weeks he introduced a great number of customers, who incurred liabilities to the amount of about 237l., a balance of quite that amount still remains unpaid; some portion was paid—among the persons he introduced were the names of Masters, Wilson, Gillies, and Co., Whittard, Ayres, Moorhead, Chapman, Shaw, Rogers, and others—goods were sent in those names according to orders received from Rogers—the number of customers he introduced was about 72 or more, by whom I never got paid—among them, was the name of Moran, who I afterwards heard had been convicted at this Court—the amount of Whittard's indebtedness was 14s. 6d.; that was the balance; a small amount had been returned, and that was the balance left; the whole amount was 2l. 5s. 6d.; that has been due and not paid since February, 1882—among the earlier names is Bass, of Leyton, 28l. 6s. 7d.; that was the person who was convicted here of the Champagne frauds.

Cross-examined by MR. BLACKWELL. I paid Rogers by salary and commission—I did not recommend him to push the business as much as possible; of course he was engaged with the understanding that he would do his best—I do not make any inquiry about the persons to whom orders were to be sent, I leave that to my traveller's discretion—at the present time I have only one traveller, my son—he sometimes makes bad debts—I pay him a salary, no commission—I have had many travellers who have made bad debts, but not to this extent or near it—there is a good deal of competition in the brewing trade, a traveller must be very pushing to do any business—these debts have been owing something like eighteen months—I have tried to get my money; I have put a few in the County Court—I have obtained two or three small accounts, leaving the balance I have mentioned—I have not tried others, simply from the expense; it would be throwing good money away.

Re-examined. The usual percentage of bad debts is 10 per cent.; in this case pretty well the whole was bad; I have only received a few pounds out of 300l. odd, more than 90 per cent.

EDWARD BOLINGBROKE . I am manager to Edward Green and others, brewers, at Bury St. Edmunds—I have a place at No. 6, Bishopagate Street—on 14th April, 1882, Rogers became traveller to the firm for a fortnight—he introduced 22 customers, among them one named Whittard, of 40, Gowlett Road, East Dulwich—Rogers gave as a reference the name of Gillies, of Holborn Viaduct—Whittard's account was 13s.; he has never paid—Gillies did not have any goods, Bass did, the same person spoken of by the last witness—I don't know that any other of the defendants were among the customers.

Cross-examined by MR. BLACKWELL. I saw Gillies—I did not know that he was agent for Barrett and Co.—I saw him at his office on Holborn Viaduct—I saw no business going on there—only one or two of the persons whom Rogers introduced paid—I did not myself make inquiries before sending the beer out, the traveller was supposed to do that—there were other travellers besides Rogers—a proper traveller should make

inquiries, and run no risk—Rogers was paid by salary and commission—I have two travellers now; they occasionally make bad debts, but not to this extent.

Re-examined. I cannot definitely say what is the usual percentage of bad debts, 19 out of 20 is unusual.

JOHN PRITCHARD . I am manager to Charles Flowers and Co., brewers, of 5, London Street, Paddington—in June, 1882, Rogers was appointed traveller to the firm—he gave as reference Gillies and Co., of Holborn Viaduct, from whom I received this letter. (This stated that they considered him n good traveller, and were perfectly satisfied with his capability and conduct). Rogers gave the names of Wilson and Masters as sureties—I did not accept them—in the meantime Rogers sent in certain orders, which I executed—after five weeks I discharged him—I produce a list of orders amounting to about 120l.—about 11l. of that has been paid—amongst the customers was a man named Moran, of 7, Holland Grove, Brixton; we obtained judgment against him for 10s. 9d.; I think the full amount was 1l. and expenses—Rogers had a cask of beer himself; he did not pay for it—Whittard, of 40, Gowlett Road, had a cask—I obtained a judgment against him—I afterwards received this letter from him. (Dated December 26th, stating that he teas laid up with rheumatism, or the amount would have been paid, and explaining that the furniture was not his there being a bill of sale upon it.) He has never paid me—Miller, of 104, Elgin Road, Maida Hill, was a customer—I obtained a judgment against him—I received this letter from Miller. (Dated August 4th, "Please instruct your drayman to call for two empty casks, and bring another.") I did not execute that order—I got no money for the first—Barnes, of the Old King's Head, had beer from us—he was introduced by Rogers—I believe he was convicted here—his account was between 20l. and 30l.—that has never been paid.

Cross-examined by MR. BLACKWELL. Barnes was licensed victualler he is not still carrying on business—I did not see his place—I have a good many customers who are not included in this indictment—I have taken out summonses against the majority of those who have not paid—I have only got 10s. 9d.

Cross-examined by MR. FRITH. I saw Miller as a matter of business, coming into the office, only as a friend of Rogers—I don't remember his vouching Rogers as a person of credit and respectability, and that he was sure he would pay for any goods.

GEORGE FRANKELL . I did carry on business as a coal merchant 357, Goswell Road; I have changed now—I engaged Rogers as a traveller on 4th November, 1882—he gave me as a reference the firm of Norton, Bower, and Co., 66, Holborn Viaduct—I applied to them and got this answer. (Stating that they always found him honest and considered him a very respectable and persevering young man.) I went there and spoke to a man who said he was Norton, and he said he knew Rogers to be a very respectable man, consequently I engaged him as a traveller—as soon as he was engaged I got an order from Miller, of 39, Warwick Road, by post, on an order sheet, along with other orders—before executing the order, I sent another traveller to look at the house; he came back and said he was in a beautifully furnished house, and he believed it was all right; but before I executed the order I asked Rogers, and he told me that Miller was a man in a position, and that his would be a first-class

account—this document, I think, is in Rogers's handwriting—the first order is for five tons of best Silkstone, at 25s., "wanted to-morrow, will be a first-class account; terms, one month;" that order amounted to 6l. 5s.—I executed that order—I have never been paid—I sued Miller, and he produced in the Court a receipt that he had paid the amount to Rogers—I never got the money from Rogers; I had to pay the costs—I supplied goods to Dewing, of 8, Delamere Street, Westbourne Square, for two tons best Silkstone, at 25s.—I was never paid for that—I also supplied goods to F. Masters, G. Eyres, and Plunkett, 141, Aldersgate street, all for best Silkstone—I went to plunkett's address, and there saw Guyott—I asked him for information, as I heard he knew something about them—he said he would be ready to give it to me if I would remunerate him for it; I promised to do so if I had the information; but he did not give it—he promised to inform me about all the customers; he said they were all swindlers, and that Rogers was a scamp, and that a warrant was out against him—I did not pay him for this information, I gave him something, but the information was worth nothing to me; I wanted to recover my money from the customers—Rogers obtained some coals himself—he did not pay for them—just before he left me he collected an account—I tried to get a warrant against him, but it was not granted—I went to the clerkenwell Police-court and issued a summons, to see what he would do, as I knew he was engaged by another firm of brewers—I heard there was another warrant against him, so nothing came of it—these orders are in his handwriting—one is 16th November, from Mr. G. Gillies, of 38, Devonshire Road, Holloway, for one ton—I got that money by pressing him very hard for it—here is an order from Mr. Halley, of Stoke Newington, for one ton, stating that he cannot make room for more—I have carefully cautioned Rogers about customers—I think I did not execute above 20 orders that Rogers sent in; but the way he talked to me made me sure the customers were right—I got some of the accounts by very sharp treatment—I issued committal orders and served judgment summonses—from two or three I got my money—I got an instalment from Masters the other day—the amount of my loss is about 50l.

Cross-examined by MR. FRITH. I saw Miller on two occasions before I engaged Rogers—no, I only saw him on the one occasion; a clerk of mine saw him once before—I may have seen him twice, it is so long ago—oh, yes, I served a summons one night—the first time he called he said that he had paid the amount to Rogers, and I turned him out of the door—I had nothing to do with Miller when I engaged Rogers; he was quite a stranger to me—I advertised as "Frank ell Brothers, National Bank Buildings, Goswell Rood, colliery owners and coal merchants"—I decline to answer whether we are colliery owners—I don't think I am bound to answer where our collieries are—I don't remember if I said to Miller that Rogers was a d—thief; if I did I was quite right—Miller said he had paid him, and produced a receipt.

Cross-examined by MR. BLACKWELL. I now carry on business at 101, Houndsditch—I put a number of persons in the County Court, all friends of Rogers—I decline to say where my colliery is—I have bought coals from three or four collieries, and sometimes from an agent here if I was out of a truck—the County Court Judge did not decline to make orders against any of the customers on the ground that the coals supplied were rubbish—I always got the order—I have one brother in partnership

with me—I carry on a coal business in connection with a cigar business; I have two houses—Rogers did not send me a letter declining to remain in my employ—I did not tell Miller that I belonged to the firm of Rickett, Smith, and Co.; my clerk did, but not by my direction—I dare say I sent a traveller round to all the persons from whom Rogers gave orders; that was my usual custom.

NORTON COULANDER . I am a jeweller, of 56, George Street, Richmond—in November Rogers applied to me as a traveller—he said he was travelling on commission for a musical-box firm in the City Road, and he found it did not pay, and he thought he would look out for something better—he referred me to Miller, and to Norton, Bower, and Co., of Holborn Viaduct—terms were arranged—if the references were satisfactory he was to give me sureties for 100l., and he gave Henry Miller, of 104, Elgin Road, Maida Hill, and Woolley, 102, Gladstone Road, as his bondsmen—I applied to Norton, Bower, and Co., and got a satisfactory answer—I produce the bonds which the sureties gave—his remuneration was to be 25s. a week, and 5 per cent, commission for all cash returns—I explained to him the character of the business; it was to call on gentlemen's servants, and to sell them jewellery, watches, or whatever it would be, for quarterly payments or cash—he commenced travelling for me somewhere in November, I believe—he returned Whitten, of 40, Gowlett Road, East Dulwich, as a customer on 9th December for jewellery amounting to 8l. 7s. 9d—it was not paid for—he also returned Henry Miller, who was supplied with a gold watch, between 10l. and 12l.; that was a verbal order—he said Miller was going to pay cash for it—at first he said that Miller had something to do at Queensboro', and that he had a private house in London—I did not get paid for that; it was supplied in Dec., 1882—he got a lever watch worth 15l. and other goods for Woolley to the amount of 23l. 14s. 6d—this is the invoice of November 22—none of that was paid—I received this letter from Woolley, dated November 21, from 102, Gladstone Road, Wimbledon, promising a cheque—the terms were cash—I never got any from him or from Dewing—I had these letters from Dewing, in which he promised payment or to return the goods—he did neither—they amounted to 20l. 11s.—on January 15th and 21st I got these letters from Miller. (The first was in reply to one from the witness, requesting a meeting at Messrs. Dodd and Longstaff's, solicitors to the Trade Protection Society, and stating that an engagement prevented his attending; and the second requested the witness to meet him at the Mitre, Fleet Street, the next day). I saw him at the Crown Tavern, Clerkenwell—I don't remember what I said to him—he had told me previously that he would try and get the money from these people, but he thought they were all had—I think this conversation was at the Mitre somewhere before Christmas—he did not pay for the goods that he had himself—the names he referred to as bad were Dewing, Eyres, Masters—in fact, all of them—Haygarth was one, and Woolley, he had a letter from my lawyers—the goods supplied to Mrs. Haygarth were on Rogers's order—this is it, dated December 9th, amounting to 113l.—there was a lady's gold watch and a number of things—Mrs. Haygarth afterwards told me that she had the watch and ring—she did not return them to me—I think I saw them in the hands of the police—that was after I had taken criminal proceedings—I have not been paid anything in respect of those goods, or in respect of Masters's—the orders which

Rogers obtained amounted altogether to about 250l., of which he paid 6l.—I paid him his salary for seven or eight weeks, which amounted to more than I received from him—all the goods were lost to me—he only returned empty cases and goods worth about 5l.—I subsequently joined Mr. Richmond and took proceedings—I issued a warrant against Rogers—in consequence of something I heard I went to No. 141, Aldersgate Street in December or the beginning of January—the name of W. E. Hope and Co. was up there—I saw Guyott there—I asked him who Hope and Co. was—at first he wanted to know my business—I mentioned Rogers's name and Harding's, and said "I hear they carry on business here as auctioneers"—he said "Oh no, nothing of the kind; Rogers occasionally comes here and sells goods for me by auction, that is all; he is no partner in this concern"—we had some talk, and I let him into the secret that I had been swindled—he said "Well, if you will let me collect your accounts, I will charge you a nominal commission for it"—I afterwards had three letters from him, but he never had anything to collect for me—among other persons who Rogers introduced was a man called Humbert—I saw him at No. 141, Aldersgate Street by appointment—he had goods and did not pay—I had this letter from him on 12th February, 1883, stating he would pay his account of 8l. 15s. by monthly instalments; but I got no money—this is the written reference of Norton, Bower, and Co., which was given me to induce me take Rogers into my service. (Dated 1st November, 1882, stating they considered him a good traveller, very energetic and respectable.) I went to the place two or three days afterwards, but it was closed—the name of Norton, Bower, and Co. was on the door—I saw the housekeeper, but she knew nothing about them—I took the sureties of Miller and Woolley, and on their bond I took Rogers; Woolley's was afterwards—these letters are my writing. (These were found in Guyott's possession, and contained particulars of accounts due from Humbert, W. Rogers, and others.)

Cross-examined by MR. GEOGHEGAN. Rogers was in my service about two months—Mr. Wolfson is not my traveller now—I simply employed him to deliver a letter to Woolley—I sent him for 20l. due to me—I did not send him to make inquiry about Woolley before accepting his bond—Woolley was a stranger to me—I made inquiry about him, and found he was a surveyor and builder at Wimbledon—I was given to understand so by Rogers—I did not take the trouble to verify it—I accepted Rogers as traveller before Woolley gave me his bond—I accepted him on the faith of Miller—Woolley was an additional surety—the arrangement was that Rogers should account to me once a week for the moneys he received—he did so at first—he did at the time Woolley gave his bond, with the exception of about nine days—he did not do so afterwards—I did not tell Woolley that he had not—3l., part of Woolley's account, was for re-silvering some candelabras—I took those myself to Woolley's house—he gave me a bill at three months through Rogers, but that was not with my consent—I never authorised Rogers to take it—I never signed it—Woolley was not sued upon that bill—he was sued on the account of 23l.—I recovered judgment; not the first time; I did the second time—at the time I tried to levy execution Woolley was in custody—I did not sue on the bill—I instructed Dodd and Longstaff to issue a writ about 26th April this year—my instructions were not to sue on the amount of a dishonoured bill—judgment was given against me

on the first trial, because the bill had not matured—afterwards when it had matured I did sue—I don't know that Woolley has said that he did not receive some of the articles—we sent in an account to him, and he never disputed it—I had no answer.

Cross-examined by MR. BEARD. I do not remember Guyott mentioning the name of Mr. A. Jenkins, 44, London Wall—he said that Hope' and Co. were worth 40,000l.—I don't remember whether it was Mr. Jenkins that he said was worth 40,000l.

Cross-examined by MR. FRITH. I don't remember when I first saw Miller; it was after Rogers had entered my service—I had the bond signed before—I spoke to Miller about Woolley, I think in the Strand—I don't know the date—it was after I had supplied Woolley with goods—I saw Miller at the Mitre Tavern, and had a conversation with him—he told me he was an accountant, and was trustee in a bankruptcy of a man named Clark, of Enfield, and that he was also a commission agent—I don't think I ascertained that he was a commission agent before I took his bond; I can't swear it—I might have spoken about it—I made inquiries about him before taking his bond, of Dodd and Longstaff—they made inquiries through their agents, and through that I accepted his bond.

Cross-examined by MR. BLACKWELL. Rogers was engaged as my traveller, to call on domestic servants and sell them jewellery—my profit would be about 30 per cent.—I did not keep him to that agreement—I did not try to sell to a Mr. Shaw, he could not get the goods out of me—it was not because my prices were so extortionate—he came to see me at Richmond—my name is Norton Coulander—I can write you my real name; you would not be able to pronounce it—it is Schauffenhausen; are you satisfied?—I come from Lebaux—I had no particular reason for leaving there.

Re-examined. I had not sold any of the 250l. worth of goods before Miller signed the bond—the bill of exchange was never signed by me—it was produced in the first action, and the defence was that the terms of credit had not expired—the goods were not sold on credit at all.

Whittard. What evidence have you that the goods were sent to me? I deny having the goods. Witness. The invoice was sent to you, and it was found at your house.

CHARLES ISMAY . I am a member of the firm of John Ismay and Co., of Northumberland Lead Works, Newcastle-on-Tyne—in April last, in answer to an advertisement, I received this letter from Rogers, 41, St. Peter Street, Islington (This referred to his late employer, Newberry and Co., of Broad Street, Ratcliff, in whose employ he had been for three years and a half and stated that he had a large connection amongst the wholesale trade, shippers, etc.)—I referred to New berry and Co., and received this reply (Dated 4th May; stating that Rogers had been in their employ three years and a half; that he left through illness, and that he was steady and Industrious, and belonged to a highly respectable family)—I took Rogers on upon that reference at a salary of 10l. a month, and a commission over a certain amount of sales—I supplied goods through him to a variety of customers—he sent me an order for a ton and a half of white lead for P. O. Hassell, 21 and 22, Charles Street, Oakley Street, Lambeth, amounting to 39l. 9s. this is the invoice--the goods were sent by steamer with this letter dated 9th June—the letter and invoice were returned through the dead

letter office—upon that I wrote to Rogers—this reply of 20th June was found on Rogers when he was arrested (This stated that Rogers had omitted to enclose the address)—among other customers he introduced W. Wright, 15, Smith Street, Bermondsey, and I supplied him with a ton of white lead, to the value of 21l.—I also supplied T. R. Tibbs, of 49, John Street, Bermondsey, with a ton and a half of white lead, value 22l.—he was described as an oilman and grocer—the terms were cash at a month—when the amount became due I inquired at the premises, and found that Tibbs had gone—I supplied customers introduced by Rogers with goods to the value of about 300l., of which I have only received 10l., and part of the goods I got back from various customers, amounting to about 120l.—we supplied two lots to Tibbs—I went with Inspector Aberline to Hassell's, and identified some of the white lead I had supplied.

Cross-examined by MR. BLACKWELL. Hassell's letter found on Rogers would come into his possession in the course of business—I got bills for some of the goods that were supplied—I think they are all due—I have not sued on any of them; I have presented them—Rogers introduced about fifteen customers—some of the bills have matured since the prisoners have been in custody—none of them have been paid.

Cross-examined by MR. BROUN. I never saw Tibbs in the course of the transactions; the order came through Rogers—I instituted inquiries about Tibbs when the account became due—I waited a month, and when I went for the money the shop was shut—that was the morning after it was due.

Re-examined. Of the 15 customers Rogers introduced only one paid; that was 10l.—there is no chance of recovering from the other 14—these are the orders I received; they are in Rogers's writing, including Wright's and Tibbs's—those two amount to 38l.—I have got back all that was sent to Wright.

JAMES COX . I am in the service of the Australian Wine Company, 8, Mill Street, Hanover Square—we had a traveller named F. Dewing, of 8, Delamere Street, Westbourne Park—he gave as a reference Brown and Miller; they answered favourably regarding him—he introduced a number of orders, upon which goods were supplied to the amount of about 100l.—only 3l. or 4l. was paid—among the customers was Whitten, 40, Gowlett Road—we supplied him with about 14l. worth of whisky—the terms were cash; we got no money—we put the matter into our solicitor's hands—the order is signed "Whittard"—we received an order through Dewing from C. Rogers, I believe that was executed—the account was sent, and the letter came back through the dead letter office.

ALICE HAYGARTH . I am a widow—in 1879 I lodged at 105, Marylebone Road—Miller was the landlord—he left the house, and I remained in it—he had notice to leave from the landlord, for non-payment of rent for one thing—I afterwards took the house, 39, Warwick Road last year—I referred the landlord to Miller—some coals and wine were delivered there—the coals came from Frankell Brothers-Miller ordered them—he was not living in the house—I did not pay for them—the wine came from the Australian Wine Company—I did not order it; I signed for it, because I thought it came as a present from my own friends—Miller did not have any of it; it was consumed by me in the house—I got some Jeyes' Sanitary Soap, I think, at the early part of this year—f believe Miller ordered it—it is almost intact now; I used very little, just as a

sample; the remainder is there, and the disinfecting fluid as well—I have seen Woolley once; I passed him when I was walking with Miller—he only spoke to him once in my presence—the bricks did not come to Warwick Road; I know nothing of them—I had a gold watch; it was left on approval—Rogers introduced it—Miller introduced Rogers to me with jewellery in the early part of this year—he was travelling for Coulander—I kept the watch till the account came in with some other things, and I told Mr. Coulander that I could not afford to keep it—I had not ordered it, and I wished to return it—I returned it to Messrs. Wontner at the earliest opportunity; that was all I had—I never had the goods which Rogers represents me to have had.

Cross-examined by MR. BLACKWELL. I received the watch from Miller—I saw Rogers once at my house in Warwick Road—he showed me some jewellery and asked me to buy it, as an ordinary traveller—I did not agree to buy it; there was nothing to suit me—he did not offer to give me any.

GEORGE THOMPSON . I am a carrier, of 71, Hatton Garden—in consequence of instructions by Messrs. Ismay, my carman delivered some white lead to the name of Tibbs, 49, John Street, Barnsbury, in June—these are the delivery orders, signed "T. R. Tibbs."

LOUIS ECKMAN . I am secretary to Jeyes' Sanitary Compounds Company, 43, Cannon Street—in October last my predecessor received a number of orders from a man named Moran—I was in the Company's service, and know all about it—among them was one for Whitten, of 40, Gowlett Road,' and we supplied goods to the amount of 4l. 0s. 3d.—this is the order and the invoice—the day following we supplied other goods to the same person to the amount of 18s.—we were not paid for either lot—a clerk named Patterson introduced a firm called Hope and Co., who gave this order: "Hope and Co., factors and general agents, 141, Aldersgate Street, R. Guyott, manager. 8th March. Please supply at earliest convenience 2 cwt. of disinfectant soap, 28s., etc."—I refused to execute that order—I wrote for a cheque in advance, and it did not come—some time last autumn Moran mentioned a firm of Norton, Bower, and Co.—Norton called at our office and I supplied him with goods to the amount of 27l. 10s. on these two orders—I never got the money—I also got an order from Moran for C. Rogers, 61, Walford Road, for 6l. odd—those goods were supplied and not paid for—we supplied Miller with goods amounting to 4l. 16s. 6d., which were not paid for—altogether on Moran's orders we supplied goods to the amount of 114l. 5s. 8d., of which we received nothing—we paid Moran 13l. 17s. commission for selling them—he was not our traveller; he was traveller to our printers, but he brought in those orders—he introduced an order from Newberry, of Bread Street, Ratcliff, and on 29th September goods were supplied to the amount of 5l. 0s. 3d.—I think there was another lot—the total amount was 12l. 17s—we were never paid—we supplied Tibbs with two lots of goods; the first lot, 1l. 8s. was paid for—he ordered a larger lot, which I declined to let him have.

Cross-examined by MR. BEARD. I called at 141, Aldersgate Street—I did not know any of their names—I don't know that Humbert has absconded—I see this document "Per W. E. Hope and Co.," with the letter "H." underneath scratched out, and then "R. Guyott" put.

Cross-examined by MR. FRITH. I never saw Miller, the order came through our agent—I knew nothing of Miller.

Cross-examined by MR. BLACKWELL. Moran was charged with these men at the police-court—I gave evidence against him—I heard that he was discharged—I was not present—the only order I had in connection with Rogers was for 4l. 17s., 7d. that was sent on Moran's order-we are of course anxious to do business; we pay our travellers to do good business—we should object to samples being taken round by other travellers.

Cross-examined by MR. BROUN. We supplied two lots to Tibbs—we were paid for the first lot by a cheque of a Mr. Knight, I believe—the goods were sent to his place in John Street; I did not go there—Tibbs came to me.

ROBERT CARR . I am a clerk in the employ of Carter, Paterson and Co., carriers—on 17th November last I received instructions to deliver a parcel of Jeyes' sanitary compound to Miller, of Maida Vale—the carman delivered it, and brought this bill to me, signed "H. Miller."

ARTHUR PEACOCK . I am a boot manufacturer, of Kingswood, near Bristol—on 26th March I received this letter (From Hill, Bevan, and Co., 32, Wilson Street, Finsbury, asking for samples). I asked for reference, and they gave Norton, Bower, and Co.—before receiving their reply I spplied goods to Hill, Bevan, and Co., to the amount of 10l. 18s—them came a further order, and I then received Norton and Bower's reply, advising me to treat with them for cash only.

Cross-examined by Whittard. I can't say whether we had a reference with the first order—the terms were 5 per cent off in a month—when we applied to you for the account you said you misunderstood the terms, and thought it was 60 days.

FRANK BRIERS (Police Sergeant G). On 25th May I had a warrant against Whittard, and on the 26th I met him at 10 o'clock at night, at 40, Gowlett Road, East Dulwich—I read the warrant to him; it was for unlawfully conspiring with others to cheat and defraud Mr. Blackborough and other—he said "The bill has not become due"—I searched his house, and found a great quantity of papers, which I gave to Mr. Wontner—I told Whittard I had been to 32, Wilson Street, a great many times, kept occasional observation there, and had seen no business going on there—that was so—there was a shop-front with glass whitewashed inside, and the name "Hill, Bevan, and Co.," painted in, and "at Glasgow"—I saw a quantity of boots there one day when I looked, and when I looked the next time they were gone—when I took Whittard into custody he said "It is a mistake about Glasgow, we have no firm in Glasgow; it ought to have been rubbed out some time ago"—he said "I am Bevan, and Mayer is Hill"—Mayer was taken following day—I found a memorandum-book in his pocket, and that led me to his address—I afterwards went to 32, Wilson Street—I saw five or six dummies made up of straw and pieces of wood, representing bottles covered over, and five or six empty bottles—anybody passing and looking in would naturally think that there were bottles inside the cases—I found two packing cases which had come from Bristol, but no other goods—on the 11th I took Guyott, at 141, Aldersgate Street—the name of "W.E. Hope and Co." was painted up there—I reat the warrant to Guyott; it was the same as the other—he said nothing then—on the way to the

station he said that Mayer had got himself into trouble, and he did not care who else he got in trouble—at the station the name of Fuller was mentioned, and he said "lam Fuller"—Mayer had been taken on 27th May, and had been before the Magistrate, and Guyott was outside the police-court at the time—Whittard and Meyer were the only two persons in custody at that time—on 26th June I took Woolley; I found him detained at the Wimbledon Police-station—I had a warrant, which I read to him; it was for conspiring with others to defraud Mr. Coulander—he said nothing then; he afterwards said he could not understand it; Mr. Coulander could have his things back; the only thing he had from Rogers was a watch, and that was in pledge—he did not say where—he also said "I only gave Rogers one reference"—nothing was known about the bricks at this time—on 27th June I had a warrant for Tibbs, described as of 49, John Street, Liverpool Road; I went there and found the house closed—I sought for him elsewhere between then and 1st August, but was not able to find him till then, when in consequence of information I went to Carlton Terrace, Lower Tooting—the name of Deane was on the door; I saw Tibbs behind the counter; it was a grocery and beer business, an off-licence—when he saw me ran from behind the counter into a back room; I went after him, but was stopped in the doorway by his wife, or a female, and I could not get through; I found he had gone through the garden at the back, and he got away—it was about 10 at night—I found him next morning detained by the police at Wandsworth Common—I read the warrant to him; it was for conspiring with Rogers to defraud Mr. Ismay; he said nothing then; he afterwards said that the only transaction he had with Rogers was one half-ton of white lead—he was charged in the name of Styles at the station.

Cross-examined by MR. FULTON. I was not present when Hope was taken—I have heard that his name is Griffiths—I don't know that he is a collector for the New River Company—he was admitted to bail at the police-court, which I believe the police assented to.

Cross-examined by MR. GEOGHEGAN. Woolley is a builder and surveyor at Wimbledon—I went to Griffiths Road, Wimbledon, and saw two houses building, and the foundations of two others—I heard that Woolley was building them, and that the bricks had been identified—he has been on bail—I have made inquiries there and have heard nothing against him.

Cross-examined by Whittard. My attention was drawn by goods being sent in—I never heard a report of it being a dynamite manufactory—I looked through the door and saw some cases of wines and spirits.

Cross-examined by MR. BROUN. I saw the name of Tibbs up at Bermondsey—Berry arrested Rogers—when I went to Tooting, Tibbs was behind the counter serving a little girl—he saw me and ran out of the shop—I had gone past the shop three or four times—when I went in, his wife stopped me in the passage, and immediately I got over the doorstep he ran out.

Cross-examined by Bixton. Nine men were sent for trial for the July Session, and I did not take Tibbs till August.

EMILE JOSEPHENE . I am a wine merchant of Tooley Street—in September, 1882, Rogers answered an advertisement, and applied to me for a traveller's place; he referred me to Mr. Miller, of 104, Elgin Road, and Gillies and Co., 38, Devonshire Road, Holloway—I got these answers

from them (Both recommending Rogers as a good salesman)—on that I employed him for about a fortnight—he sent me some orders amounting to about 10l., and I received a letter from a Mr. Deving about an order which I never received, and one order which I declined to execute—I executed one for Mr. Miller amounting to 2l. 10s., and have not been paid, though I sent my collector—I went to the police-court for a summons.

Cross-examined. I did not go there because a summons was taken out against me—I did not lay an information against Rogers—Mr. Deving wrote complaining that I had not executed his order, but I had never received it.

Cross-examined by MR. FRITH. I never saw Miller and do not know whether that letter was written by him, or whether he is the Miller whose name is on the letter.

THOMAS BLACKBOROUGH . I am a wine merchant, of 22, High Street, Bristol—I knew Mayer in business there; he left three Years ago, since when I have only seen him once or twice—early in this year I heard from him and he proposed to sell my business for me, and pending the sale to introduce customers to me, who were to be gentlemen, friends of his, and he guaranteed that they should be men of money—I received this letter from him. (Enclosing an order from T. Bevan, Esq., 12, Wilson Street, Finsbury, for port, sherry, and spirits, amounting to 23l. 8s.) I forwarded it and received this letter from Mayer, dated March 17. (This stated that Mr. Bevan was pleased with the wine, and enclosed an order from Mr. Whittard for port, sherry, rum, &c., amounting to 17l. 5s.) I executed that order and also this other. (This was from Thomas Hill, for champagne, amounting to 8l. 5s.) I believe that to be Mayer's writing, but I cannot swear to it—I also received this order from Mayer for whisky and champagne for J. Whittard; and this other order from J. Hill, which was sent—this is the last statement we delivered to Hill, Bevan, and Co. (Amounting to 93l. 4s.)—on April 17 I received this letter from Norton, Bower, and Co. (Ordering four cases of champagne for a wedding.) I replied by this letter (Asking for cash or a reference) and received this letter (Objecting to give references outside their own trade, and stating that the cash would be forwarded, less 5 per cent, discount. A telegram from Mayer to the witness was also put in, requesting Norton, Bower, and Co.'s wine to be sent that night.) We wrote and received this reply—we did not send the wine, but wrote to Mayer on the 25th, and when the payment for the first parcel came due we applied for it, but were never paid for any of the lots—I believed that Hill, Bower, and Co. were distinct from Mayer, and were men of credit and respectability, and that Whittard was a private gentleman and a merchant—I have not been paid anything for all those orders, and have lost about 90l.

Cross-examined by MR. FULTON. Mayer was a leather factor when I knew him in Bristol; he was considered a man of respectability and substance, but he failed in Bristol.

Cross-examined by Whittard. I took proceedings from inquiries my manager made when he came to London—I am not aware that the money was not paid because you were ill and confined to your house.

Cross-examined by Mayer. We have often done business together, and I had no cause of complaint; I was always promptly paid—I found you honest up to the time you left Bristol—I advertised your business to sell it for you—I believe, but I will not swear, that the letter from Hill, Bevan,

and Co. was written by you—it is my opinion that all these letters are yours—the terms were cash at two months, less 5 percent.

By the COURT. I do not think this letter of Whittard's is the same; I think one has been written with a steel pen and the other with a quill, but, making that allowance, I do not think the letter to the Company is the same writing as the other, nor the writing of the person who wrote this letter with a black border.

Re-examined by MR. BESLEY. It is upwards of three years since Mayer failed in Bristol; he has not resided there since, but I once saw him there for a day or two—he said in my hearing that he wrote this private letter—these other letters do not appear to be in Mayer's writing, but the signature of Bowen does—an invoice was sent with each parcel, and the goods and invoice were addrecsed to 32, Wilson Street—I do not think this statement (produced) was sent; it was only made out for my use in Court—I had no knowledge of Whittard, and not the slightest knowledge that he was Hill—I think I have seen Mayer sign his name "Hill Mayer"—I did not know that he was a partner in a company—I never got a farthing for any of the goods.

FREDERICK HENRY SMITHERS . I keep the Red Lion Tavern, Wilson Street, Finsbury, and know Whittard and Mayer, or Hill, Bowen, and Co.—they offered me some whisky for sale and left it at my house in brandy cases—I would not have anything to do with it and they took it away—they said that I could have it at any price, it was only sent for samples—I did not like the look of it, and actually paid part of the expense of removing it.

Cross-examined by Mayer. There were only two small cases.

WILLING JOHN EDWARDS . I live at Kingswood, near Bristol, and am a boot manufacturer—in August, 1881, I received these letters from Bolt and Neward, of Newgate Street. (Requesting the witness to send goods to their boot and shoe sale; and a second letter signed "W. E. Hope and Co.," dated 19th January, 1882, again requesting the witness to send a consignment for sale, and stated that they were continuing the auction business of Bolt and Neward; and another letter to the witness, enclosing cheque for 3l. on account, was signed "W. E. Hope and Co. A. S. Mayer, Manager.") We sent Hope and Co. a small parcel of goods in February, 1882, and they were paid for; and in September we sent them goods amounting to 9l. 8s. 6d., which were not paid for—before sending them we received this letter (Offering to put goods into their next catalogue for sale, and signed "R. Guyott,") In September I placed the matter in my solicitor's hands, and obtained judgment in the County Court—on 30th April I received this letter from Hill, Bowen, and Co., and then this other (produced), and recognised the writing as the same as that coming from Hope and Co., and put the matter in my solicitor's hands.

Cross-examined by MR. FULTON. I had only one transaction with Hope and Co.—that was in February, 1882—I put a reserve on them, and the money was remitted in two amounts—I also consigned goods to them for Bale in September, 1882, and put on them a reserve price—we had no dispute, but we asked them to send a cheque or return the goods, and received these five letters.

Cross-examined by Mayer. In January last, when you were manager to Messrs. Hope, a parcel of goods was sent and paid for, and after your

name ceased as manager another name was put in its place—I believe no memoranda are signed by you after that date.

Re-examined. I received these letters in reference to the things sent to Hope and Co. (Two of these were signed "R. Guyott, for W. E. Hope and Co., and one of them stated that a cheque had not been sent in consequence of a change of partners in the firm.) This letter was then sent. (From Mr. E. W. Beak, stating that he was instructed to apply for 8l. 9s. 6d. with 6s. 8d. costs.) This letter was then sent to my solicitor. (Promising to send the money next week.) On 20th December this letter was sent to my solicitor. (Stating that he had no means of communicating with his principal, who was away on business. Signed "R. Guyott, Manager.") After that proceedings commenced in the County Court, but I did not get my money.

Cross-examined by Whittard. I sent no goods through Bevan and Co.—BOYCOTT. I found this paper on Hope and Co.'s premises. (A County Court judgment for 12l. 4s. 6d. and an order to the defendant to pay the same on 5th April).

JABEZ BEVAN . I am a boot and shoe manufacturer at Hanham, near Bristol—I received this inquiry note on a printed form of Hill, Bevan, and Co., dated 2nd April, 1883, stating: "Please send quotation of prices; we have large orders for the Cape, and if you put the prices right can give you orders"—I had never had any communication from them before, and knew nothing about them—I believed it was a real firm, carrying on business—this letter of 10th April, found at 32, Wilson St., was my reply, sending quotations—I sent goods as samples amounting to six guineas with this invoice which was found at Wilson Street—I received this acknowledgment of the receipt of the goods from Hill, Bevan, and Co. on 13th April—I received a further order for more goods, in consequence of which I required references—I received this reply. (Referring to Norton, Bower, and Co, 66, Holborn Viaduct), and on 19th April I received this letter from Norton, Bower, and Co.: 'We have known, Hill, Bevan, and Co. the last years. All business transactions have been promptly settled, and think them trustworthy to any moderate amount." I did not act upon that, and did not part with any more goods—I never received the six guineas or any portion of it.

FRANK LINDSAY SMITH . I am a boot manufacturer in King Square, Bristol—on 2nd May I received this letter from Hill, Bevan, and Co., 32, Wilson Street, Finsbury, requesting prices of boots and shoes—I sent a list, and received this order for about 30l. worth of goods and a reference to Heath and Young, Barbican, and Norton, Bower, and Co., 66, Holborn Viaduct—I wrote to those references, and received this reply from Heath and Young: "In confidence. We should advise you not to send any goods." Norton, Bower, and Co., stated them to be trustworthy—I did not send any goods.

WILLIAM SHEPPARD . I am an electro-plater, of 28, Mary Street, St. Paul's Place, Birmingham—on 26th February this year I received this memorandum from W. E. Hope and Co.: "Let us know the prices of cheap electro-plates, similar to what we had before, as we are opening up that branch of business." We had supplied them with some things in February, 1882—in consequence of this memorandum of 26th February I sent them some things amounting to 5l. 2s. 3d.—they were paid for—I then had this order for tea and coffee-pots, cruets, and other

things, amounting to 12l. 6s. (Several letters tare then read, the remit being that a bill of exchange was sent to the witness, which he returned.) On 3rd May I received two letters, enclosing two halves of a 5l. Bank of England note and a further order for goods—I wrote for the balance, 7l. 6s.—that has never been paid.

Cross-examined by MR. FULTON. None of the goods have been returned to me—I have seen one or two articles that were left—the first transaction in 1882 was monthly—the last was supposed to be a month's credit.

Re-examined. There was an attempt to get more goods from me, amounting to 30l., but I did not send them.

DAVID STAWLEY . I am a jeweller at Birmingham—on 8th February, 1883, I received this letter on a memorandum form of W. E. Hope and Co. (On this form the name of "Mayer" as manager was struck out, and "Guyott" inserted; it requested a few patterns and designs of gilt chains.) I then received this letter of 12th February: "Will thank you to let us know of a few firms who finish alberts, &c., also some makers of cheap electro-plate and Britannia metal goods." I received this post-card on 22nd February, signed "W. E. Hope and Co.":—" We are waiting for the samples of chains ordered; please send them to Button and Co. at once." This is my reply; it was found at 141, Aldersgate Street—I forwarded the chains; they came to 4l. 8s. 8d.—the terms were 5 per cent. off for cash—on 20th March I received this letter stating that Mr. Hope was ill and had not come to business, but that a post-office order would come next day—it did not come—a plaint was then taken out in the County Court, and while it was taking place I heard of this prosecution—I parted with my goods believing that Hope and Co. was a real firm.

WILLIAM WRIGHT . I am a jeweller, of 15, Augustus Street, Birmingham—on 26th April I supplied Hope and Co. with lockets and other goods amounting to 7l. 4s., and on the 21st I sent other goods amounting to 6l.—I believed it to be a genuine firm—I wrote for the account and went to 141, Aldersgate Street three times—I saw Guyott there and pressed him for the account—I did not get it.

Cross-examined by MR. FULTON. The net amount of the first transaction was 2l. 13s. 6d. those were samples; nothing else was paid for, nor any goods returned, nor even the packing cases, they were found in the cellar at 141—yes, I do remember receiving back six imitation diamond studs, costing 1l. 1s., they were too costly for them, they were part of the samples.

RICHARD TOPLIFF . I am a wheelwright, of 12, Lavender Road, Clapham Junction—on 14th June, 1882, I attended a sale at Suffolk Grove, Southwark—this is a catalogue of the sale—Mayer acted as auctioneer—the catalogue is headed "Great clearance sale, without reserve, by W. E. Hope and Co."—I bought three or four lots, which I paid for at the close of the sale—I did not get the goods—I went for them about three times, first to Grove Road and then to Aldersgate Street—I saw Guyott there and asked for the return of my money; I did not pet that or the goods—I saw Mr. Hope as well as Guyott a week or two after—he said he was restrained from delivering the gods, that he would be most happy to give me the money, but he was ordered to part with nothing connected with the sale—I then took proceedings against Hope—

I knew him by that name until they told me at the Southwark County Court that it was Griffiths—the amount of the transaction altogether was about 7l., debt and costs—I put in an execution at his private house, Tring; Villa, Whittington Road, Wood Green; the execution was turned out by a marriage settlement—I did not get my money—I met Hope in Moorgate Street, about a year afterwards; I think it was on the Wednesday previous to his committal—I asked him to settle the account—he said "I would, but I am restrained; I am stubborn over it, and I won't part with it until I know I am obliged to; if I do I shall have to pay all the others, and no end of expense"—after that I received this letter from him: "14th July, 1883.—Dear Sir,—Since our interview on Wednesday last I have consulted my solicitor, and by his advice I shall be able to come to an agreement with you on Wednesday next if you will forward me by return of post a list of the goods purchased by you on the three days' sale respectively—should you see Mr. Bolt or Mr. Targent tell them I shall be able to settle with them."—those were people who, like myself, had purchased goods at the sale and paid a deposit on them.

Cross-examined by MR. FULTON. It was on 14th June, 1882, that I attended the sale—at that time Mayer was managing the business—I don't know the date of the restraining order—I did not see it at Hope's—I was told about it—I paid the money to Hope's brother—he was a clerk in the business—I saw the defendant Hope on the third day of the sale in the sale room.

STEPHEN MARONY (Detective Sergeant). On 26th May, this year, I took Mayer into custody at 9, Victoria Terrace, Black Boy Lane, Tottenham—it is a private house of two floors—he was a lodger—I read the warrant to him, it was for being concerned with others in conspiracy and fraud on Mr. Blackborough—he said "I can't understand the thing, it seems such an absurd thing; Mr. Blackborough could not have taken out the warrant, as I had a letter from him yesterday"—he was searched by Sergeant Briers, a quantity of papers was found in his possession and some keys—I tiled one to the warehouse in Wilson Street—I was present when that was searched and the straw covers found—I saw no ledger or day book, or any book of accounts—on Monday, 25th June, I took Miller on a warrant at the Mitre Hotel, Fleet Street—I read the warrant to him, it was for being concerned with others in conspiring to obtain goods of Mr. Coulander—he said "I don't know anything about it"—I found on him a quantity of papers. which I handed over to Messrs. Wontner—I found 7l. 15s. 2d. on Miller—none was found on Mayer.

Cross-examined by MR. FRITH. Among the papers was an appointment of Miller as trustee in the bankruptcy of a man named Clark.

ALFRED BEWRER . I am a brick and tile merchant at Tanbridge, Godstone, Surrey—I have a partner named Whitting—somewhere about 17th April last, Woolley called on me—he took away a brick as a sample—I received this letter of 17th. (This had a printed heading of W. W. Woolley, surveyor and builder, Gladstone Road, Wimbledon, Surrey, ordering two truck loads of bricks, and referring to Miller as a guarantee for payment.) I replied on the 19th, stating that I would forward the bricks on receip of the money—on that same day I received this, "I omitted to state tha the bricks are required for the Merton Abbey station, S. W."—in accord

ance with the first letter, I wrote to Miller, and received this reply: "I am quite willing to guarantee the payment of the account monthly that you may supply. W. Woolley"—on 20th and 28th I received these two letters from Woolley, urging the supply of the bricks and directing a duplicate invoice to be sent to Miller—I did send a copy invoice to Miller—the last supply was on 24th May—the total amount was 28l. 16s.—I have never received a penny.

Cross-examined by MR. WARBURTON. I don't know that I said to Woolley when he first called that I was not very particular as to payment for a short time—I might have said so—I knew that he was a builder and contractor at Wimbledon, by his letters—I had no reason to doubt it—I have been there, and some houses were pointed out to me where I taw some of my bricks, not loose, in the walls; if it had not been for the police I should not have brought this charge—I was subpoenaed—I sent in my bill, but made no other application—I don't think Woolley said that he expected three months' credit—I don't recollect it—that is generally the custom—sometimes we get cash before; not very often.

Cross-examined by MR. FRITH. I supplied the bricks to Woolley after getting Miller's letter—I did not go down and make inquiry before supplying them—I did not know out what Woolley was a person of credit and respectability, or I should not have sent the bricks.

Re-examined. I have neither got my money nor my bricks.

HENRY POOLE . I am a brickmaker at East Tycherly, near Stockbridge—on 23rd April I received this letter from Woolley, dated from Gladstone Road, Wimbledon, asking for prices—I sent them, and on 7th If ay received this order for a truck at 32s. 6d. per ton—I sent him 2,000 bricks; and from other orders I sent on 16th May two trucks more; on 24th May two trucks more; on 31st May 2,000 more; and on 25th June two trucks more, amounting altogether to 29l. 5s.—I have never been paid—he referred to Miller, who replied that he considered him trustworthy, and had always kept his engagements.

Cross-examined by MR. WARBURTON. I supplied the last lot on 25th June—we don't allow three months credit to strangers—we have done so in some cases—I suppose I should not have preferred this charge but for the police.

WILLIAM MORLEY FRENCH . I am clerk to Messrs. Wontner and Sons, agents to the Treasury, who are conducting the prosecution—these 14 letters and two post-cards were handed to the firm as found on Miller. (These were addressed to Miller; some were signed "J. W. Woolley" and some "J. W. W"). These other two letters were also found on Miller. (Also from Miller to Woolley, one of which stated that he had answered the letter of the Paint Company, as he had eleven houses to paint.)

FREDERICK GOODALL . I am a colour manufacturer, of Crumford, near Derby—I received this letter. (Dated 11th March, from Alfred Bixton, asking for a list of colours and paints, ordering goods, and referring to Newberry and Co., 15, Broad Street, Ratcliff.) I wrote to Newberry and Co., and received this answer. (Stating that they had done business M Mr. Bixton to the amount of 30l., and considered him safe for that amount.) I then supplied goods to the amount of 11l. 8s. 8d., and received a further order amounting to 14l. 1s. 11d. but have never been paid.

Cross-examined by Bixton. I have not taken any proceedings—I suppose the police have I should not have taken criminal proceedings

Simply because it was not worth it—I have only seen the outside of a cask of red paint—I do not know whether it has been adulterated.

HENRY FARNSWORTH . I am in business as Farnsworth Brothers, colour makers at Matlock—on 13th March, 1883, we received this memorandum on a printed heading of Alfred Bixton, asking for the price of ivory black—I replied, and received this order. (For three cwt. at 37s. and three cwt. at 29s.) We wrote for references, and on 24th March received this letter (Referring to Newberry and Co., 15, Broad Street, Ratcliff.) We inquired, and got an answer that Bixton was good for the amount mentioned, 20l.—we then got this telegram from Bixton: "Please forward six casks of ivory black, we have to deliver on Tuesday"—we wired to him to say that we would try to do it—he then wrote: "Gentlemen, your telegram to hand, kindly let me have catalogue of colours"—altogether the goods we supplied amounted to 19l. odd—I afterwards saw some of them in Chandler's possession—I knew them by the marks on the casks—12s. per cwt. would not be a proper price for them—I believed Bixton was carrying on a genuine business, and it was through Newberry I sent the second order—we have never been paid.

Cross-examined by Bixton. We did not take proceedings—I have not looked inside the casks at Chandler's to see whether the black had been adulterated—some black is sold at less than 12s., but not ivory black.

Re-examined. The cask is ours—it bears no evidence of having been opened—32s. is a fair price for it—I saw two casks and two kegs at Chandler's, and recognised them all—some of it is called Black-drop, the market price of which is 5l. a ton—the two casks sent to Bixton was 12 cwt., deducting the tare.

CHRISTOPHER CHANDLER . I am a drysalter, of Artillery Street, Bermondsey—I bought of Bixton for 12s. a cwt. the ivory black and blackdrop mentioned in the invoice (produced)—they are the casks Mr. Farnsworth saw—I opened them and nailed them up again—I bought 6 cwt. out of 12 cwt.—I think it was brought when I was out, and my clerk paid him 30s. till I came back—I bought the two kegs on 24th April—that is 5 cwt. at 13s. a cwt.—that is all that is mentioned on this paper—I bought it of Wright; I have not seen him since—I don't know that I have ever seen him with Bixton—I also bought of Wright some essence of lemon for 5s. a pound—I don't know the date, but I sold it about three days afterwards, on 5th June—this is my invoice—it weighed about 9 lbs.—there were six carboys, and I returned five of them—I sold it at 5s. 6d. a pound to Mr. Paton, of 229, Rotherhithe—I entered the sales by Bixton and by Wright in my books, but I did not know that they were connected.

Cross-examined by Bixton. I opened one carboy and returned the other five as being too much reduced—I gave the market price for it—I cannot say that it has been adulterated—we can weaken it a very little without impairing the flavour—12s. a hundredweight is a fair price for the black.

RUSSELL MORRIS . I am a merchant, of 2, Fen Court—on 11th May Bixton applied to me for a sample of essence of lemon, which I supplied, and then received this order from him (produced) for four original 12-pound coppers—I asked for a reference, and he gave "Rogers, 41, St. Peter Street, London," from whom I received this reply. (Signed "Edmund C. Rogers." stating that he should be inclined to give Bixton credit to the extent of 100l.)—I supplied goods value 13l. 7s. 8d. in one parcel

and 33l. 5s. 8d. in another, terms 14 days—I have never been paid—I believed Bixton was carrying on a genuine trade—I have seen one of my coppers of lemon in Chandler's possession—I charged 5s. 6d. for part and 5s. for the rest.

Cross-examined by MR. BLACKMAN. I knew nothing about Rogers—I first let Bixton have 13l. worth without a reference; I then asked for a reference, and let him have the 33l. worth afterwards, which I would not have done without the reference; the answer made me trust him.

Cross-examined by Bixton. The money was due on 9th June, but you had gone before that.

CHARLES MCCOMBY . I am manager to Mr. Chescross, a merchant, of Mincing Lane—on 11th May we received this memorandum from Alfred Bixton, of 17, Tower Hill. (Asking for samples and prices of essence of lesson)—we sent them, and on 16th May we received an order for two 20 lbs. at 5s. 3d.—we sent two coppers and an empty copper, value 11l. 11s. 1d.—on 18th May he wrote: "Gentlemen,—I will take the remaining six coppers"—I then asked for a reference, and he gave me the name of Rogers, of 41, Peter Street, Islington—I wrote there and got this answer. (Stating that Mr. Bixton had not been in business more than three months, but he would consider him good for 100l.)—I did not execute the second order, but wrote on 4th June: "Sir,—As your account for 11l. 11s. 1d. is overdue, unless it is paid by 12 o'clock to-morrow I shall enter proceedings against you"—I have never been paid, and never saw my goods again.

Cross-examined by Bixton. The account was due on 2nd June, but from what I saw and heard I complained to the police before that—I had applied for payment and was put off with promises—I have a witness who put my letters into your box.

Cross-examined by MR. BLACKWELL. I had not made up my mind to have nothing to do with Bixton before applying to Rogers—I made private inquiries about Rogers at the same time, as my suspicions were aroused.

Re-examined. I did not know that Rogers only used a friend's bed at 41, Peter Street.

EDWARD CHITTY . I am a maker of philosophical instruments at 36, Brook Street, Holborn—in April last I received this order. (From Alfred Bixton, mineral water manufacturer, for one dozen one-ounce, one dozen twoounce, and one dozen four-ounce measures)—I supplied them without a reference—I then received this: "Dear Sir,—Kindly supply remainder of order"—I then forwarded other goods, and on 9th May he wrote for six dozen thermometers as soon as possible—some went at that time, and some later, to the amount of 9l.—I never got paid; I went to Tower Hill several times for the money, and saw a few of my thermometers hanging in the shop, but I only saw him once—about the same time I received an order from Newberry, and sent him funnels and tumblers, as represented by these invoices, amounting to 9l. 1s. 9d.—I then received these orders. (For funnels and medicine bottles), and on 14th June Tibbs, I believe, gave me this order. (Memorandum from Tibbs and Co.: "Dear Sir,—Please send two dozen lactometers with paper scale, and two dozen with ivory scale," &co.,)—I sent those goods to Tibbs—(MR. COULANDER here stated that the order teas in Rogers's writing.)—I never got my money; it amounted to 4l. 3s.—I called several times in St. John Street and saw a man who I think was Rogers, and asked for my money—I summoned him for it,

and when I went again the shop was shut up, and I did not see him again till he was in custody—I did not know of his being at Lower Tooting—I believed that it was a real firm till I went and saw the place.

Cross-examined by MR. BLACKWELL. It was not Tibbs who I saw, but I will not swear it was Rogers.

Cross-examined by MR. WARBURTON. I belive the name of Tibbs is over the shop—I went there several times—I only had one order, and that came by post—the goods were to be paid for on delivery.

Cross-examined by Bixton. I did not give you three months' credit on the glasses, but the messenger left the goods by mistake, without the money—I believe an invoice was sent—I applied four or five times personally for payment—the shop was locked up—I saw a boy at the back, but could not make anybody hear.

MATTHEW JEFFRESON . I manage the London business of Hinchcliff and Co., Minories—on 31st March Bixton called on me, and I showed him some samples of oil and minerals—he said that his name was Bixton, of Tower Hill, and he was a druggist's salesman and mineral water manufacturer at Walworth—he gave me this order for a sample of lemon essence, at 8s. 3d. per pound, and another at 8s. 9d., a sample of vanilla at 9s., and one of pepperment at 9s. 6d., which I supplied—on 9th April I received this order. (For two coppers of essence of lemon at 8s. 3d. for cash in 14 days.) I executed that, and about 18th or 19th April called at Tower Hill and saw Bixton, and tried to get the money—it was not forthcoming, but he gave me another order for two coppers of lemon at 8s. 3d. and three at 8s. 9d.—I saw Newberry behind the counter there once—the value of the goods I supplied is 34l. 16s. 8d—I have never been paid—on 6th April I received this letter from Newberry and Co. (Asking for samples before entering largely into business.) A portion of that order was executed; he only got goods to the value of 3l. 4s.—I wrote to him for cash, and he wrote this letter. (Stating that he had not received any invoice, and canceling the order.) I received these documents from Bixton and handed them to Messrs. Wontner.

Cross-examined by Bixton. You gave your address at Walworth, and you had it on your memoranda—I don't remember having a card from 17, Tower Hill.

Re-examined. This is the memorandum I had from Bixton: "May 3rd, 1883. Dear Sir,—I tried to let you have your small account to-day, but was unable to pay it; I must forego my discount. Alfred Bixton"—I sued him in the Mayor's Court, but have not been paid—this (produced) is one of the bills I sent to Newberry.

EDWARD KNOWLES HEAPS . I am a stove manufacturer in Yorkshire—I received this letter from Newberry and Co. (Ordering stoves), and on 12th January I sent him a cooking-stove, price 8l., another price 4l., and another price 2l., and the crate, 5s., made 15l. 2s. 6d.—I was to be paid on 12th April, but never was paid, though I applied for my money—these are two of my cards (Found at Newberry's).

FREDERICK BROOKS . I am traveller to William Alway and Son, tea merchants, of Whitehouse Street—I received this letter from F. R. Tibbs, grocer, of John Street, Liverpool Road, applying to be my agent. (MR. COULANDER stated that he believed this to be Rogers's writing.) I went and saw Tibbs next day and received an order for 1l. 3s. 3d., which was paid, and during May I supplied him with tea, amounting to 30l. 2s. 4d.—I

repeatedly applied for payment, but never got it—I saw Tibbs a great many times, and he promised to pay me.

Cross-examined by MR. BLACKWELL. It was in packets—he pushed my trade very well—his name was up—I sometimes went there three or four times a week.

CHARLES DACE . I am the London agent of Bartlett and Son, of Bristol—on 29th March, 1882, I received this memorandum form. (From W. Styles, of Tooting, asking for price-list of currant cleaners and chaffcutters.) I sent goods value 6l. 10s. for cash—I called several times, but did not see Styles, only his wife, who said that he was always engaged in the day, and could only be seen before 9 a.m. and after 8 p.m.—I have been to see her since and she has removed.

Cross-examined by MR. WARBURTON. I heard that she and her six small children had died of smallpox, so I ceased my inquiries—I have not been to Garrard Lane.

ELIZABETH HUMPHREYS . I live at 41, St. Peter's Street. Islington—a friend of Rogers's had a bedroom in my house, which Rogers used, and letters came for him there—he had no essential oils there.

EUGENE GUETTIER . I live at 61, Walford Road, South Hornsey—Rogers occupied a room in my house—he did not carry on any business, but a few goods were delivered there—inquiries were made after he left.

ALFRED GEORGE CHATELAINE . I live at Merton College, Surrey, and own No. 102, Gladstone Road, where Woolley lived—he was living then when I bought it—it is a small place, 28l. a year.

Cross-examined by MR. WARBURTON. I was bail for him in 100l., and I consented to have it doubled—I have only known him three or four years carrying on a legitimate trade—he is building four houses—his daughter has been for some time a pupil teacher in the Merton Schools, and his son is in the church choir—he has collected debts for me, and always paid me the money.

HENRY WHIFFEN . My firm acts as secretary to the Broad Street Dwellings Company—this agreement (produced) was signed by White-head, letting him a shop and basement at 22, Wilson Street, Finsbury, at 52l. per annum, monthly in advance—he referred to C. Norton, of 61, Holborn Viaduct, and Messrs. Hope, 141, Aldersgate Street—I wrote to them and received these replies. (Stating that Whittard was respectable and good for the amount named, 52l.)—no rent was paid.

Cross-examined by Whittard. You said you were engaged in the water-proof clothing trade—I believe I said that it was not actually necessary to pay in advance, but as a precaution against bankruptcy—you said you wanted it as a sample room.

JOHN FLANNAGHAN . I am superintendent of the Broad Street Building Company—before 32, Wilson Street was let I saw Whittard and Mayer go there together—I understood that Mayer was traveller to the firm.

Cross-examined by Whittard. There was only one key—I did not keep one in case of fire—your rent was three months over-due, and I put a notice into your box.

RHODA SUMMERS . I am housekeeper at 66, Holborn Viaduct—Charles Norton, a commission agent for Norton, Bower, and Son, had an office there—he came in June, 1882, and left in March, 1883—he paid one quarter and part of the next, and then we had to turn him out—I received

a letter from him from Paris, asking me to return his letters to the post-office if there were any.

CHARLES CLAYTON . I am landlord of 141, Attenuate Street, which I let at 2l. a week to a person named Hope, the third prisoner, for an auctioneer's business—I let it to his foreman manager, Mayer, who signed this agreement, and after it was let I saw Hope—I did not trouble to collect the rent weekly; it went on for six weeks or two months—they stayed two or three months, and I saw Hope there four or five times, but I did not often go there—after Mayer left, which I was told was for drunkenness, Guyott carried on the business—when I was subpoenaed to Worship Street I learned that Hope was Griffiths—a little rent is still due.

Cross-examined by MR. FULTON. Three months' rent may have been due at the time of the proceedings at Worship Street—I had no difficulty in getting the rent till he was in difficulties, and then I did not press the matter—I ascertained that he had been a collector in the New River Company for a number years—I did not see Hope take any active part in the business; he was very seldom there; I think he left it to his manager, Mayer; he always acted in a straightforward, businesslike manner to me, and I have nothing to complain about.

Cross-examined by MR. BEARD. About the end last year Guyott said that he was going to make a change in the firm—I don't remember his saying that it was owing to ill-health.

Re-examined. I did not inquire of the New River Company; Mayer told me that Hope was employed there—after Mayer left, forms came out with "R. Guyott, manager," on them—I have never been told that that arrangement has been given up—no explanation was given about changing it to Fuller, Guyott, and Co.—I very seldom saw Mr. Fuller there—I was only there half a dozen times waiting ten or twenty minutes for him—they had been there since 1882.

CHARLOTTE BASSETT . I am housekeeper at 62, Holborn Viaduct—a room on the first floor was let to Gilles and Co. from January to August, 1882, and the name of Gilles, Whittard, and Co. was on the door—I only knew Mr. Gilles, but Rogers and Roberts came there, and letters came for Rogers—I never saw Mr Whittard, but Gilles told me to take in letters addressed to Whittard, Rogers, or Roberts—he said that Rogers was agent to a Brewery Company—Gilles left for not paying his rent.

Cross-examined by MR. BLACKWELL. Gilles was agent to Barrett and Co., aerated water dealers—I only remember one letter coming for Rogers, there might have been more—I did not know that he was travelling for a firm of brewers.

SARAH GRACE DEARDON . I live at 38, Devonshire Road, Holloway—Gilles lived there from August, 1882, to February, 1888, and occupied three rooms on the first floor, unfurnished—no business was carried on—he left no address.

ARTHUR COLLIER . I live at 90, Oakley Street, Lambeth, and my father is landlord 21 and 22, Charles Street, Oakley Street—about May, I let premises to Bixton in the name of P. 0. Hope and Co. at 9s. a week—he remained about six weeks and was then arrested—no business was carried on—some lead arrived—he paid 15s. on account of rent.

ALFRED WHITE . I am a painter, of No. 5, Hampton Street, Walworth—I let Bixton a warehouse in April for manufacturing mineral waters—

no business was done—one van of goods came, but they were taken away.

Cross-examined by Bixton. I do not know whether you would manufacture mineral waters in a place up two flights of steps—the police inquired about some dynamite.

ROBERT BENJAMIN GRAFTON . I let Bixton a shop at No. 17, Tower Hill, and the use of the basement; from March 19th at 12s. 6d. a week—he said that he was a druggist—I gave up my control of the premise to Mr. Harroll on 12th May, leaving Bixton as tenant—three weeks' rent was owing to me.

Cross-examined by Bixton. There was the appearance of trade being carried on—you took the place as an office for samples—the basement was for the use of the water.

THOMAS HARROLL . I am landlord of these premises at Tower Hill—after Mr. Grafton left, Bixton paid me three weeks' rent—he afterwards left, taking the key and owing me some rent—afterwards a large number of letters, writs, and summonses came, more than 150 people, and people are calling still—three people used the place.

Cross-examined by Bixton. I should not call it a legitimate business which was carried on—when goods came there was never any one to receive them, and as soon as they were left, a cart was hired to take them away to the railway station—you did not give up the place—you owe six weeks' rent.

---- HERRING. My mother is landlady of No. 15, Broad Street, Ratcliff—in August last I let the premises to Newberry—I called there in January, but did not see him—I called again and saw a woman with a baby—as far as I could see, no business was carried on—I kept hearing that there was dynamite in the place, and that the police were after him.

SARAH KELLY . I live at 49, John Street, Liverpool Road—Tibbs rented the shop and parlour of me from February this year to 26th June, and carried on business as a grocer—he gave me two hours' notice before he left.

GEORGE LUSHER . My offices are at No. 265, Pentonville Road—in June last I let-my stable to Styles for three yean—I saw him at No. 49, John Street, Liverpool Road—he said that he had a quantity of white lead lying at Dundee Wharf, and I told him he might use the stable for it—he referred to Mr. Rogers, of Caledonian Road—I called there twice but did not see him—I wrote to him twice to sign an agreement, and then went to his house and found it closed—I went to the stable and found that closed also—there was a truck there belonging to Mr. Foster, which I advised him to take away—the white lead was not there.

JOSEPH TURNER . I am a carman, of 3, Lawson Street—on 29th June Tibbs employed me to remove some furniture and goods from a stable at Bride Street to Great Dover Street.

ROBERT HOPPING . I live at 114, Elgin Road, Maida Hill—No. 204 belongs to me, and I let it to Miller about four years ago—I distrained for rent, and the goods were claimed by a woman who he lived with—I took a bill of him, which was never met—no business was carried on.

Cross-examined by Miller. My solicitor distrained—you brought the woman there as your wife—we bound her down, and you said "you won't get your rent, she is only a lodger."

ROBERT BOULTBY (Detective Officer). I saw Hope or Griffiths in Inspector Peel's presence at Old Street Station before he was taken in custody—I cannot say what he came about—about June 11th I went to the New River office, found him there, and told him I had a warrant for his apprehension in the name of Hope—I told him the charge, and took him.

Cross-examined by MR. FULTON. He gave his address to Inspector Field at the station—I knew him as Griffiths, and that he was in the employ of the New River Company.

WILLIAM PEEL (Police Inspector P). On 29th May, Hope and Griffiths came to me three days after Guyott and Mayer had been taken, and the case was in the papers—he said that he was given to understand that I had charge of the case—I said "Yes"—he said "So this is a bogus concern carried on in Aldersgate Street; I want, to know by whom it is carried on"—I said "Who are you?"—he said "I am Hope and Co."—I said "I will give you all the information I can"—he gave me his private address, and said that he was employed at the New River Company's—I did not see him again till he was in custody—I had applied for the Public Prosecutor to take up the case.

Cross-examined by MR. FULTON. I gave the address at the New River Company to Boultby—I heard it stated in evidence that he has been employed there eight years and a half, and before that was clerk to Smith, Payne, and Co., for, I think, nine years—I did not go to his private address—I went to 141, Aldersgate Street, and found a quantity of crockery, some cheap jewellery, and a quantity of goods of different sorts—I inquired of his landlord, Mr. Clayton, who came up.

Re-examined. The cheap jewellery and other articles Were worth about 20l.—there were no account-books or sale books—Guyott came to see me before he was taken, and I think he came with Griffiths—he complained of the 140, Aldersgate St., auction rooms being called a bogus concern, and Guyott made the same complaint—I said that I should give them no information—I saw this paper up: "Old White Bear, Aldersgate Street, Aug. 3rd, 1882. To Mr. Guyott. From this date we make you responsible for every transaction that takes place at the above rooms, and no one but you."

Cross-examined by MR. FULTON. There is a safe on the premises let into the wall—if the key of it is handed to me I might produce the books to-morrow.

FREDERICK ABBERLINE (Police Inspector). On 16th June I obtained a warrant to apprehend Bixton, and on the 18th I went to 17, Tower Hill, got in through the fanlight over the door, and found nobody there—I found on the floor a number of letters and papers, which I handed to Mr. Wontner—I found about 20 dummy cases, empty bottles and oil cans, a few samples, and a rent book of Hampton Street—I went there; Bixton's name was painted up, with "And at Tower Hill" under it—there was nothing in the place—on 21st June I found Bixton with two other men—I addressed him as Bixton, he made no reply—I said "When are you going to pay Messrs. Bradley and Hinchliff? "—he said "Oh, is the account due? I will pay them at once"—the other two hurried away; one of them I have no doubt was Wright—I found at Bixton's house an invoice to Hope and Co.—he gave me his address at No. 22, a coffee-house, in a street in Southward—I went there; No. 22 is not a coffee-house

—I went to Charles Street, and found the white lead which has been identified—Briers has a warrant against Norton; we have not been able to find him—I took Newberry on the 29th, in Shadwell—I read the warrant to him—he said "I have obtained no goods; I gave Rogers, I believe, a reference, and Bixton too; that is all I know about these people"—he afterwards said that he sometimes looked in at 17, Tower Hill, but when he did not like the people he wrote to several people who sent goods and told them not to send any more—I found some papers on him, which I handed to Mr. Wontner—I found some samples of Jays' purifier and Hinchliff's syrup, and some sample bottles—it was a large empty warehouse.

Cross-examined by MR. BLACKWELL. I took this note of the conversation with Bixton—I did not say anything to Rogers in connection with Bixton.

CHARLES BERRY (Re-examined. In June last I was keeping observation on Tibbs and Rogers—I saw them at 122, Caledonian Road, it Whittard's, 49,. John Street, and frequently in public-houses together, and I have seen Rogers, Tibbs, and a man named Dean—I have some kegs of white lead here—I took Rogers at 129, Caledonian Road, and two or three days afterwards I went to the stable in Bride Street, and found Tibbs removing his furniture and various bottles of sweets and parcels to Great Dover Street, Borough—I did not see him there afterwards—I pointed out the casks to Mr. Ismay—they were in Wright's shop, in a small street out of Long Lane, Bermondsey.

Cross-examined. Wright claimed the casks of brandy—some were marked W and some T.

WILLIAM ALWYN (Policeman V 82). I was with Briers on 1st August when he went to arrest Tibbs at Carlton Terrace, Tooting—I went round to the back, and Tibbs came out of the back gate, and ran away too fast for me—could not catch him—I saw him about 10.30 the same night in the Tooting Tavern, and took him to the station.

Cross-examined by MR. BEARD. Tooting Tavern is only the width of the road from Tibbs's house—I took him within a few yards of his own door.

FRANK BRIERS (Re-examined). I have a warrant dated 27th June against Gillies, Norton, and Wright, but have not seen them—I found these two cards and this paper (produced). at Whittard's. (These were a receipt for 700l. and a paper dated February, 1883, authorizing contributions to be received for Rogers).

Cross-examined by MR. FULTON, All the books were handed to Messrs Wontner.

Re-examined. I kept observation for several days on 62, Holborn Visduct—there were no books there—these (produced) are all the books of W. E. Hope and Co.

WILLIAM MORLEY FRENCH (Re-examined). These are the papers found on Mayer—here are some pawn-tickets in the name of Guyott, and of Bolton, the predecessor of W. E. Hope and Co., and a memorandum form found 'on Mayer, of Attwell, in the name of Hope, and one in the name of Hill and Co.—these pawn-tickets are from Whittard.

Whittard, in his defence entered into a lengthened explanation of his proposed partnership with Hilly who was to have brought money into the business, but who at the last moment was persuaded by his friends not to do so, but to go abroad; he stated that Mayer was employed as their clerk; that he

had no connection with any of the other prisoners, but only Miler and Guyott on two or three occasions, and that in none of the transactions had he any intent to defraud. He called

RICHARD WALLINGTON TERRY . I am a costume and mantle manufacturer at College Green, Bristol—I know Whittard very well—I knew Mr. Hill, a commercial traveller—he travelled in the boot trade in the West of England, where I remember him; it is two years ago since I saw him—I have know a Whittard 12 years; he has bought goods of me to a considerable amount—he was not a commission agent, he bought and sold—I have not had dealings with him within the last six years—I was always paid very prompt, I never had to apply a second time for my money—I am aware that he has been in the habit of buying job goods—I heard from his brother that he intended to join Hill in business.

Cross-examined. I don't know where Hill is now—I did not know Mayer at Bristol; I did not know that he was called Hill Mayer.

Mayer, in his defence, went into the different charges, and denied having been a party to any fraud as to either of them; his part in the transactions being merely that of a clerk or agent, acting under the instructions of others.

MR. FULTON called the following witness for Hope:

CHARLES EVERETT . I am a partner in the firm of Marsden and Everett, solicitors—I have known Mr. Griffiths (Hope) from 15 to 20 Years—I knew him when he was clerk to Smith, Payne, and Co.—I have known him in private life and know his family; they are highly connected; he has always borne the highest possible character—I was consulted by him in the matter of an injunction obtained by Ehrenfest, restraining Griffiths from disposing of the goods or money received by him in respect of the sale—I have the original document before me—the injunction was never dissolved; it was an ex parts injunction dated 19th June, and made absolute on 14th July—he afterwards wrote me a letter in connection with the County Court proceedings taken by Mr. Topliff against himself and Ehrenfest jointly—I did not appear for him at the County Court—Mr. Topliff never came to me about it—I told Griffiths that he must obey the injunction and not part with the goods; he complained that this action had been taken by Ehrenfest against him without any cause whatever—both parties had to pay their own costs; it was arranged privately between them—there was not the slightest ground for any collusion between them; on the contrary, they were very hostile to one another; the matter was contested in Court and evidence was produced—Mayer was the auctioneer, and it was really Mayer's conduct that was complained of by Ehrenfest—there was no personal charge against Griffiths, but the firm being conducted in the name of Hope, it was necessary it should be defended; but the irregularity in conducting Ehrenfest's sale was, if any, the act of Mayer, who was manager.

Cross-examined. I don't know whether Ehrenfest is here—his complaint was that the sale was being conducted without reserve; whereas, from documents which I have here, Hope and Co.'s instructions were to sell Ehrenfest's goods with reserve—he obtained the injunction after the sale had gone on for two days—it was a very important sale; the property was of considerable value—I do not know the amount of the two days' sale; but Hope and Co., under the arrangement I made with Ehrenfest's solicitor, rendered an account to Ehrenfest, with which he was perfectly satisfied, and which formed the groundwork of the settlement of the

action; that was after the injunction had been obtained—his complaint was that the goods were being sold at a sacrifice—I was not present at the sale and knew nothing about it till the interim injunction had been obtained—the settlement was come to in July—Griffiths did not attend the sale himself—the County Court action was brought by Topliff in September, 1882—I was not here when Topliff was examined—I did not know that he had never been settled with—I think he ought to have had his money certainly.

Re-examined. Griffiths had to pay his own costs of the injunction proceedings and my costs in respect of Ehrenfest when we came to terms on the matter.

By the COURT. The sale was not under an execution; it was a voluntary sale of the plant of a colour and varnish manufactory held on Ehrenfest's premises in Suffolk Grove—Hope and Co. were employed as auctioneers in the ordinary course—I have a catalogue, on which is printed "Without reserve," and it was so conducted for two days, and then on the third day Ehrenfest, being apprehensive that the stock would not fetch what he anticipated, said it was not to be without reserve.

EBENEZER COBB MORLEY . I am senior partner in the firm of Morley and Shirreff, solicitors—I acted for the trustees of Griffiths's wife's settlement—it continued a power to the trustees to advance to Griffiths a sum not exceeding 500l. to carry on his business, on the security of two policies on his life and a promissory note—in January, 1882, an advance of 500l. was made through my office—the policies were in existence, and they were assigned to the trustees as security—the trustees at that time were Mr. Baber and Mr. Nicholson.

GEORGE CORP . I am an auctioneer At Reading—I have carried on business as an auctioneer 21 years—I have lived in Reading several years but I carried on business in London daring that time—since August, 1882, I have acted as auctioneer for Hope and Co.—I was so employed sometimes once a week, sometimes fortnightly—those sales were conducted in the ordinary way of business, goods bond fide sold and bond fide handed over to customers—I was merely employed to sell; I had nothing to do with the delivery of the goods or collecting the money—I would not have had any connection with sales that were not bond fide—the sales were some of miscellaneous goods and some new—an auctioneer's licence is a thing personal to himself, it cannot be assigned to another person—I have a number of catalogues here; the last is Thursday, April 19th, 1883—these are catalogues of sales which I conducted for them on the premises in the ordinary course of business—the last sale I conducted for them was about April or May this year.

Cross-examined. Guyott employed me to sell—I did not see Hope in the transaction at all—I saw him there on one or two occasions; he was not doing anything—he came into the room; he was introduced to me by Guyott as the person who found the money—Guyott paid me half a guinea, sometimes a guinea, for conducting the sale—it was not a very large sale—I was paid according to how long the sale lasted—I have no auction rooms of my own—I have an office in King's Arms Yard, not as salerooms—not one auctioneer in a hundred has any saleroom of his own—I sold for other persons beside Hope and Co.—I only saw one other person selling for them; I don't know who he was—it was one week when I could not attend—I

do not know a Mr. Ford; I know Long—I don't know of a sale on 26th October, 1882, where Long was auctioneer, or one on 11th October, 1882, when Ford was auctioneer—I keep sale-books; I have not got them with me, they are at my office at Reading—I was not here yesterday—I was not before the Magistrate—I did not keep any account of Hope's sales; I merely got into the rostrum and sold.

Re-examined. It is the custom of auctioneers to sell goods for any persons at any place; there is nothing unusual in it—it is done by Ellis, Farebrother, and others—I have no office in London now—I have had an office in Reading three months—my family have resided there three years—when I have an opportunity of doing business in London I come up and do it—I have had sales for other persons besides Hope and Co.—I have had 30 or 40 sales the last year—some portions of those sales have been with and some without reserve.

EDWARD ALEXANDER GRIFFITHS . I am Griffiths's brother—up to the end of June, 1882, I assisted Guyott in managing the business at Aldersgate Street which had previously been carried on at Falcon Square—my brother discharged Mayer for drunkeness—Mayer's wife and my brother's wife were schoolfellows, which was the origin of the connection between the parties—my brother very seldom came to the business; he took no active part in it—he found the money and left it entirely to Mayer—when Mayer left, my brother intended to give up the business, but Guyott thought he could recover it—after I left, I went there there two or three times a week—I know Humbert—he was not there while I was there—Guyott knew him—I have seen Humbert write letters in the office and know his writing—this document (Dated 26th February, 1883) is in Humbert's writing—it is signed "pro pro H." and the H. stands for Humbert—my brother was absent from illhealth from April to June, 1882—he suffers from his heart—the name of W. E. Hope was suggested by the wife—it is a play upon the words "we hope"—since Mayer's discharge I had been assisting my brother.

Cross-examined by MR. WILLIAMS. I canstantly attended the sales—the only other defendant I have seen there is Whittard—I was not there in October, 1882—I do not know Hill—I do not know whose writing this is opposite the thing sold (In the auctioneer's notes)—Mayer conducted the business while I was there—it was an auctioneer's business entirely—we had consignments of goods, and they were submitted to auction—we always told persons what was done with their goods; but if we had purchased them for cash we should do what we liked with them, or if we obtained them on credit—we did not inform persons beforehand that they were going to be sold by auction.

Re-examined. It is the practice for persons to send up goods to auctioneers with directions to do what they can with them—this (produced) is a direction to do the best we can with goods—sometimes it is with a reserve and sometimes without, and we receive a commission for ourservices—the firm is described as W. E. Hope and Co., factors and general agents, 181, Aldersgate Street—we also purchase goods ourselves and dispose of them in the best way we can by auction, putting a reserve on them so as to cover us from loss—Edwards and Smithson asked for us—this letter (produced) is an illustration of the kind of business, and this is an invoice for 3l. paid.

HENRY COLLINS . I am in business with my brother as skirt and

costume manufacturers—we sent goods once to W. E. Hope and Co., which were duly settled for—I know Griffiths as Hope—he called on me after Mayer left, it was a month or two after July, 1882, and asked us how much we would take in settlement—21l. was owing to us, and I said we would take the 21l., which he paid me there and then by cheque.

By the COURT. That was not for mantles or skirts, it was for some machinery which we had had for years—we sent if to them to do the best they could with it—we received a statement that we were entitled to 21l. and he paid it.

EDWARD JOHN PEARSON . I am a saddle and harness maker, of 45, St John Street Road—Hope and Co. bought goods of me in February and March, 1882, and paid me correctly.

---- ABBOTT. I am a clerk to Thomas Watts, a boot and shoe maker—Hope and Co. purchased goods of him value 204l. 14s. 10d., in one lot, on February 1st. 1882, which were duly paid for.

FREDERICK AYRES . I supplied goods to Hope and Co. in February, 1882, which were sold by auction and duly paid for.

Cross-examined. I carry on business at London Fields—I was never at 19, Buckingham Street, Strand—I do not know any of the other defendants—I saw Mayer, and Mr. Hope paid me.

JOHN HENRY BATTY . I am clerk to Hutchinson and Co., of 5, Bread Street, Cheapside—I have sold numerous parcels of rugs and mats to Hope and Co. during the last 18 months, but none for the last six months—the value altogether was about 20l.

WILLIAM RICHARD STIRLING . I am managing clerk to a solicitor in Queen Victoria Street, and am one of the trustees under the marriage settlement of Mrs. Griffiths—I have the policies of exchange for the advance of money—I went to the auction rooms once or twice a week—Guyott managed the business after Mayer was discharged for drunkenness—I know Griffith's family, and that is the reason I am trustee—this document appointing Guyott manager is in Griffiths's writing—none of these other documents are his writing—I do not know the writing of the document signed "H"—Griffiths is a highly respectable man.

Cross-examined. I have no means of saying when this document was written;—it might have been written after the prisoners were in custody (The one headed "Old White Bear")—I have not the slightest conception where it came from or who concocted it—2l. a week was the rent of the place at Aldersgate Street; it was a weekly tenancy from Mr. Clayton, and I believe the rent was paid weekly—he is an auctioneer, and it would not be right to describe him A3 a merchant and factor and general agent—I know that goods were sent for sale, and in that way he would be a merchant, because he bought goods to sell again—I have seen all sorts of things there—Mayer, Guyott, and a boy conducted the business—I believe they were paid weekly—I never saw a wages book—I never saw Humbert—I do not know Hill, Bevan, and Co.—I was at one sale.

Witness for Woolley.

WILLIAM PRICE . I am a builder, of 88, Gladstone Road—I have known Woolley seven or eight years—he has collected my rents, and I dare say over 2,000l. of mine has passed through his hands during that time—I know four houses in Griffiths Road, Wimbledon, which are building for a Mr. De Chastelaine; I had the contract, and let Woolley the two plots; he

commenced building the houses, and I finished the carcases—Woolley was to be paid by a mortgage on them, which was to be executed when the roofs were on, and I advanced him some money—he carries on a respectable business.

Cross-examined. I took the four plots from Mr. De Chastelaine, and Woolley was to work under me as sub-contractor—I had an agreement that whatever went on to the ground became mine—only half of the bricks were used—Woolley did not refer to me, I never gave anybody a reference in my life—I never heard that he was charged eight years ago with obtaining money by false pretences—he did not collect my rents, but he had the handling of my money by paying my men, and a little of the 2,000l. was rent—I have not got any houses now; I had some last year, but he did not collect the rents.

Re-examined. Money of mine to a large amount has passed through his hands, and he has always been honest—I am a builder still—one lot were inside bricks and the other outside—the greater part were used on the premises.

By the COURT. I took a building lease, and in carrying out the contract I employed Woolley to help me do two of the houses—he failed; I did not fail, but his being in custody stopped the proceedings—the contract will go on again when this is over.

Miller, in his defence, stated that two or three different writings had been put in as his, but he admitted the order for the coat. He complained that all the documents in his favour had been held back, value 400l., though the others had been produced. He stated that he ordered two tons of coal for Mrs. Haygarth at her request, but five Ions were sent; that he was introduced to Rogers three years ago as a man of private means and whose wife had a private income; that Mrs. Haygarth was a tenant of his, and he never knew where the soap and sanitary compound came from; that he never knew Moran till he saw him in the dock, and the only men he knew among the defendants were Rogers and Woolley, whom he had known for 12 years; and stated that he had made 6,000l. by speculating in cotton, and that there was 3,000l. worth of property at his house in Elgin Place. He denied owing any one a shilling. (MR. GILL produced all the documents found, which were handed to Miller).

Bixton, in his defence, contended that there teas no evidence to connect him with the case. He stated that he bought the white lead and essence of lemon of Rogers, believing they belonged to him, and that the other things were sold to him in Vie ordinary course of his trade.

Newberry produced a written defence, stating that lie gave a reference to Rogers because he had sold goods for him on commission, but denied conspiring with him or any one else, not then knowing the other prisoners; that he never received anything in the other transactions, and what he had done was more through weakness than wickedness.

Evidence in Reply.

WILLIAM PEEL (Police Inspector) (Re-examined). Miller asked for bail before the Magistrate; two bail in 100l. each were mentioned, which he said was prohibitory bail, and he could not get it—I have made inquiries since yesterday, and find that his statement about his having 3,000l. worth

of property is groundless—I saw his brother in Court all day yesterday, and I know what he is.

Cross-examined by Miller. As to whether you are an accountant, I will tell you what you are if you wish.

---- ROOTS (Police Inspector). I have seen Miller associating with a man named Phillips, who was in Court this morning—I have known Miller and his associates three years; Copsey was one of them, and Edward Lawrence Levy another—I consider Miller a swindler, though I am not able to prove it—several men whom he associates with have been convicted—I never knew him doing respectable work as an accountant—he visited Edward Lawrence Levy's office, who had the preparation of various documents to make a fraudulent claim in bankruptcy to defraud Mr. Whiteley—Kingwell's name was one, and Miller's name was among them.

Guyott, Woolley, Newberry, and Hope received good characters. WHIT. TARD, MAYER, ROGERS, MILLER, BIXTON, NEWBERRY, and TIBBS— GUILTY .— Eighteen Month's Hard Labour each. GUYOTT WOOLLEY, and HOPE— NOT GUILTY .

View as XML