Old Bailey Proceedings.
8th January 1906
Reference Number: t19060108

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Old Bailey Proceedings front matter.
8th January 1906
Reference Numberf19060108

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Sessions Paper.







(For many years with the late firm of Messrs. BARNETT & BUCKLER, Official Shorthand Writers to the Court.)



Law Booksellers and Publishers.



On the King's Commission of



The City of London,





Held on Monday, January 8th, 1906, and following days.

Before the Right Hon. WALTER VAUGHAN MORGAN, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knt., one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir WALTER WILKIN , K.C.M.G.; Sir MARCUS SAMUEL , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; Sir GEORGE WYATT TRUSCOTT , Knt.; THOMAS BOOR CROSBY, M.D., and W. MURRAY GUTHRIE , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and His Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.









A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.


OLD COURT.—Monday, January 8th, 1906.

Before Mr. Recorder.

8th January 1906
Reference Numbert19060108-133
VerdictGuilty > unknown
SentenceImprisonment > hard labour

Related Material

133. WILLIAM HILL (64) , Feloniously receiving forty-two sable skins and other articles, the property of George Benjamin and another, well knowing them to have been stolen.

MR. WILSHERE Prosecuted; MR. JENKINS Defended.

ROBERT LYON (Detective-Inspector, City). On the morning of November 10th I received notice of a burglary at Messrs. Prager's, of 1, Aldersgate Buildings—I caused every inquiry to be made at pawnbrokers and dealers and various places, and from information I obtained I went on November 21st to the London Fur Company at 1, Oxford Street, where I saw Mr. Barder, the manager, who produced some skins, amongst them being this sable (Produced), which I took possession of on account of the marks perforated in it—it has since been identified by Mr. Benjamin, one of the partners of Messrs. Prager, as their property—that same day I went with Mr. Benjamin, Detective-Sergeant Stewart and other officers, to No. 1, Upper Street, Islington—while there I saw the prisoner in the street—he was a stranger to me, but he was pointed out to me—I stopped him and told him we were police officers from the City making inquiries inspecting a case of warehouse breaking which had occurred in the City on the 10th—I said, "Can you tell me anything about it?"—he said, "I cannot "—I did not at that time mention Frager's name—I said, "We are inquiring about a case of warehouse breaking at 1, Aldersgate Buildings, and a number of furs and skins have been stolen; do you know anything about it?"—he said, "No "—I then showed him this little fur and said, "Hive you sold any skins to Mr. Barder lately?"—he said, "No "—I then showed him the skin and told him I had received it from Mr. Barder, who had told me he had purchased it from him along with other skins, and I said, "This gentleman here," that is Mr. Benjamin, "has identified it from skins stolen from their place on the 10th," to which the prisoner

made no reply—he had said he had sold no skins to Barder recently—I then told him he must consider himself in custody, and said, "Where do you live?"—he said, "Anywhere "—I said, "Have you got a workshop?"—he said, "No "—I said, "You have got both, an address and a workshop; I know both addresses "—he made no reply, and I said, "I am going to take you there. You are going to 98, Prebend Street, Islington "—on the way there, in my presence, he handed over two parcels, which he was carrying—I opened them and one contained a Russian sable and the other a bau-marden, which is a fur—they have both been identified by Mr. Benjamin as part of the stolen property—when the prisoner handed Detective Marriott the parcel he said, "That is some of what you are looking for; you will find others where you are going "—he did not say where he got them from—the premises at 98, Prebend Street, are a workshop, and when we went there the prisoner opened the street door with a key and also the door opening into a room—we found a large quantity of furs in boxes, skins and a quantity of tails in a cupboard, all identified by Mr. Benjamin, with the exception of a few rabbit pieces—we also found a few furrier's tools—we have recovered about £450 of property; the reported loss was £750—all I recovered was in the prisoner's possession at his shop, with the exception of the skins taken to the London Fur Company; when we had collected the goods there was practically nothing else—I asked him to account for the possession of the property or produce receipts, and he said, "They were brought to me by a man in a van, but I was not here at the time "—he did not say how the man got in—immediately afterwards he said, "They were brought hen by a man; I was here when he came "—I told him he would be charged with breaking and entering 1, Aldersgate Buildings, and stealing and receiving a large quantity of furs—he said, "You cannot charge me with stealing; I received them, and you have got them here "—I took him to Moor Lane police station, where he was charged, and next morning, when he was taken from the cell to go to the Police Court, he said to me, "I got the stuff from two foreigners; they were introduced to me in the street by a man whom I do not know. One of the foreigners is a short man; that is all I know about him. "

Cross-examined. On this day I had the prisoner under observation for about fifteen minutes—he went into a public-house and I went into another bar; I only saw him have one drink; he was not there long—he spoke to another man who was a bit younger than himself and a bit taller, but I should not say he was a foreigner—I told the prisoner it was warehouse breaking which I was inquiring about, and asked him if he knew anything about it, and he said he knew nothing about it—he did not appear very much taken aback when I suggested that he might; be able to help me—he did not resent it in any way, but was very frank—he has been rather sullen all the way through and would not say-any thing one way or the other—I have made inquiries about him—he has been carrying on business at these premises for about twelve months—he has dealt with Mr. Barder for a great number of years, and I believe those transactions have turned out satisfactorily—on this day I do not

think he had been drinking to excess; he did not appear to be suffering from the after-effects of drink.

PHILIP BARDER . I am a partner in the London Fur Company at 1, Oxford Street—I have had a good many dealings with the prisoner and have bought from him from time to time—on November 11th I bought a parcel of fur from him containing twenty dyed sables; these (Produced) are some of them—he did not say where he got them from; he came in the ordinary way—I have known him for twenty years—I gave him the ordinary trade price for the furs and he gave me a receipt in the ordinary way (Produced)—on November 18th he came again and I bought Another parcel of twenty-two sables—that was in the ordinary way of business, and I have the receipt for them—they have been since identified by Mr. Benjamin—I paid the prisoner £20 for the first lot and £33 for the second, which I considered a very fair value—the price of sables varies very much; it depends on the quality—you can get them as low as 10s. each and you can go up to as much as £20 a skin—the prisoner left both panels of skins with me over night for me to decide if I would buy them, and he took my price, but I forget if there was any question about it.

Cross-examined. I paid the prisoner on both occasions by cheque made payable to himself—generally it was a very small account; I paid cash—I do not know that I have had larger quantities from him; this was rather a large amount for him—I believe he sells on commission, and I think he mentioned something about selling these skins for somebody else, and he told me he had to pay almost as much as I paid him and wanted very little profit—he did not say for whom he was selling them—the furs do not show the wholesale people to whom they belong—we never take notice of the perforated marks, but we always expect to see the marks on them, and we always buy dressed skins—the merchants stamp the leather, not perforate it—the perforations would not identify who the sellers were—every purchaser of raw skins puts his marks on them.

By the COURT. Different firms have their perforating mark, so if the person to whom they belong looked at the mark, he would know to whom they belong.

GEORGE BENJAMIN . I am a partner in the firm of Prager & Co., at 1, Abrogate Buildings—on Thursday, November 9th, I left the premises about 8.45 p.m.—it was then our busy time—I locked the place up; nobody sleeps there—we occupy the upper part of the building and we bad a separate door leading to that part—next morning my son arrived and found the place opened—I got there about 10.30—we had padlocks and staples on the doors—I found that we had been robbed, and after taking stock we found property to the value of £880 had been stolen besides a sable jacket valued at £230 which had been entrusted to us for alterations by Tudor Brothers, of Knightsbridge—I have since identified as mine a quantity of furs by the perforations in the skin, which we hit with a hammer when we buy them—different firms have different perforations—the total value of the skins recovered, unmanufactured, is £440—we were insured against burglary.

Cross-examined. The identification of the skins is quite easy to us—any one in the fur trade could tell whose they are, as they could identify our stamp, "C. P. "—there is no other "C. P." in the trade.

ALFRED BENJAMIN . I am the last witness's son and opened up the premises on Friday, November 10th, when I found they had been broken into.

JOHN STEWART (Detective-Sergeant, City). On November 22nd I went with Mr. Benjamin to the London Fur Company when a number of skins were produced and identified by him—he picked some of them out and I have them here (Produced).

The prisoner, in his defence on oath, said that he had been in the fur trade for forty-five years; that he received the furs from two Germans, who brought them to his place for him to alter some of them to make them fashionable, to make up others and to receive 10 per cent, commission if he found a customer; that he was to meet the foreigners in Upper Street to pay them the money he received for the skins he sold; that he did not know who they were or where they lived; that he paid them the money he received from Mr. Barder and got nothing out of it himself; that the cheques he received from Mr. Barder were open, and he changed them across the counter; that he did not know the furs were stolen; and that when he was arrested he was not sober, having had seven or eight drinks that day.

GEORGE BENJAMIN (Re-examined by the COURT). All the skins were marked in the same way—Mr. Barder would know where they came from when buying them.

PHILIP BARDER (Re-examined by the COURT). We did not look at the perforated marks on the skins, because every skin we buy dressed has a perforated mark—knowing the prisoner as I did, I thought he was selling the skins on commission for the person to whom they belonged, and whether they belonged to "C. P." or not, would not make any difference.

By the JURY. I did not know when I paid for them that a burglary had been committed at this warehouse—I did not hear of it until the police told me—the skins were not marked in such a way that you could see them; there was only one which was clearly marked and the owners hardly identified them themselves.

GUILTY . Nine months' hard labour.

8th January 1906
Reference Numbert19060108-134
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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134. GEORGE WILLIAM RYALL (46) PLEADED GUILTY to stealing, whilst employed under the Post Office, a post letter containing two brooches and other articles, the property of the Postmaster General; also to stealing a post letter containing a sovereign and two brooches, the property of the Postmaster General. He received a good character. Nine month's hard labour.

8th January 1906
Reference Numbert19060108-135
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(135.) JAMES HUTCHINSON (45) to stealing from the South Western District Post Office a post letter containing banker's cheques for £50 and £5, the property of the Postmaster General, having been convicted of felony at this Court on April 27th, 1903. Twenty months' hard labour.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-136
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(136.) JAMES RAGGE (55) to stealing a post letter containing a postal order for 5s. and a pair of curling tongs and a spirit lamp the property of the Postmaster General; also to stealing a post lettercontaining a clock, the property of the Postmaster General, having been convicted of felony at Marlborough Street Police Court on July 5th, 1902. Three other convictions were proved against him. Eighteen month's hard labour.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-137
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(137.) FREDERICK CHARLES LAWRENCE (33) to stealing, whilst employed under the Post Office, a post letter containing a postal order for 18s. 6d. and 2d. and three penny postage stamps. Four months' hard labour.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-138
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(138.) HENRY WILSON (22) to stealing a scarf pin, the goods of Frank Baselow, from his person, having been convicted of felony at Aylesbury on April 15th, 1905. One other conviction was proved against him. Twelve months' hard labour.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-139
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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(139.) FREDERICK BAYLEY to forging and uttering an instrument purporting to be the declaration attached to a vote of claim of William Willis to have his name inserted in the list of electors for the parish of St. Marylebone in respect of his qualification as a lodger; also to forging and uttering an instrument purporting to be a declaration relating to a notice of a lodger's claim in respect to William Saltzer; also to forging and uttering an instrument purporting to be notice of a lodger's claim in respect to William Vivian Lobb; also unlawfully and feloniously signing a declaration of claim to vote as a lodger in the name of William Vivian Lobb, and to other counts relating to similar offences in the name of William Saltzer and William Willis. He received a good character. [Pleaded guilty: See original trial image.] Judgment respited.—

8th January 1906
Reference Numbert19060108-140
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(140.) ALFRED HARPER (20), HENRY WESTON (20); and WILLIAM GRAY (19) to breaking and entering the dwelling house of Charles Newton Cole and stealing therein three watches, a chain and other goods, his property, and a neck chain and other articles, the property of Mary Wilson, and also £2 10s., her money. Three months' hard labour each. [Pleaded guilty: See original trial image.]—And

8th January 1906
Reference Numbert19060108-141
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Imprisonment > hard labour

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(141.) LAWRENCE KENNY.(40) and CHARLES ANDERSON (19) to stealing a bicycle, the goods of John Townsend; also to stealing a bicycle, the property of Martha Fanny Clark, having been convicted of felony, Kenny at Marlborough Street Police Court on December 23rd, 1901, as Henry Kenny, and Anderson at Clerkenwell Sessions on February 17th, 1903, as Henry Riches. Two other convictions were proved against Kenny, and several against Anderson.

KENNY— Nine months' hard labour.

ANDERSON— Eighteen months' hard labour. [Pleaded guilty: See original trial image.]


THIRD COURT.—Monday and Tuesday, January 8th and 9th, 1906.

Before Mr. Common Serjeant.

8th January 1906
Reference Numbert19060108-142
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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142. ALFRED McDONALD (21) PLEADED GUILTY to uttering counterfeit coin twice within ten days, well knowing the same to be counterfeit, Two previous convictions of felony were proved against him. He was stated to be an associate of thieves, and believed to have been connected with a gang of coiners. Twelve months' hard labour

8th January 1906
Reference Numbert19060108-143
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Miscellaneous; Imprisonment > hard labour

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(143.) FREDERICK CROUCHER (17) and GEORGE STONES (20) to breaking into the shop of Arthur Geddes and stealing therein ninety-one cigars and £43 4s. 9s., his property and moneys, Croucher having been convicted of felony at Lambeth Police Court on May 31st, 1903, in the name of Charles Linstead, and Stoneshaving been convicted of felony at Newington Sessions on May 17th, 1905, in the name of William Thompson. Two previous conviction were proved against CROUCHER†— Six months' hard labour and two years' police supervision. STONES— Eight months' hard labour. — [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-144
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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(144.) ROBERT WILLIAMS (24) to stealing a mackintosh, the property of Arthur Wilkins, having been convicted of felony at the South London Sessions on January 11th, 1905. Seven previous convictions were proved against him. He was stated to be an associate of thieves in the neighbourhood of Spitalfields and had never been known to do any work. The prisoner having handed the COURT a letter, the learned Judge said he would inquire personally into the statements made in it. [Pleaded guilty: See original trial image.] Judgment respited.

8th January 1906
Reference Numbert19060108-145
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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(145.) JOHN STOCKLEY (53) to obtaining by false pretences from William John James and the Civil Service Supply Association, Ltd., a fur stole, and from Charles William Keppell and the Civil Service Supply Association, Ltd, the sum of £3 13s., in each case with intent to defraud, having been convicted of obtaining goods and money by false pretences at this Court on September 10th, 1901. Six previous convictions were proved against him. Five years' penal servitude.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-146
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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(146.) ALFRED REYNOLDS (32) to stealing a purse, a token, and the sum of 9s. 11d., the property and moneys of Ella Vining, from her person, having been convicted of felony at the West London Police Court on February 28th, 1905, in the name of Arthur Rose. Sixteen previous convictions were proved against him. It was stated that whilst in prison the last time, he wrote letters to his brother and a friend detailing a very deliberate scheme to defraud servants. Five years' penal servitude.— [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-147
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(147.) JOHN ROBERT BEVAN (47) to forging and uttering a request for the delivery of two concertinas, with intent to defraud. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]—And

8th January 1906
Reference Numbert19060108-148
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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(148.) HENRY HUBERT ROBINSON (40) to forging and uttering two authorities for the payment of money with intent to defraud; also forging and uttering a receipt for £1 2s. with intent to defraud; also to forging and uttering two affidavits belonging to the County Court of Staffordshire with intent to defraud, having been convicted of felony at this Court on January 15th, 1900, in the name of Frank Robinson, Four years' penal servitude [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-149
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > penal servitude

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149. HENRY CLARKE (24), ALBERT JONES (22), WILLIAM GRIFFITHS (21), and MARY PIPER (21) , Feloniously making one counterfeit half-crown and twenty-three counterfeit shillings.


MR. WILKINSON Prosecuted.

WILLIAM EUSTACE (Sergeant K.) In consequence of information, on the afternoon of December 22nd I went and kept observation on 13, Wellington Street, Bromley-by-Bow, in company with Sergeants Lee and Baker and Detective Wedden—about 12.45 a.m. I saw Clarke go in at the front door alone; I am not prepared to say whether he was left in or opened the door himself—with Sergeant Lee I went to the back of the premises and looked through the window into a room on the ground

floor, in which there was a light and a large fire—I saw three men and two females, amongst whom were Piper and Mrs. Griffiths, who was discharged afterwards by the Magistrate—the others were Clarke and Jones and Griffiths—the three men were only in their shirts and trousers, their sleeves being turned up to the elbows—they were handling some plaster of Paris on a chair—on the table and chair there was a bag containing plaster of Pans, and Jonea and Griffiths manipulated the wet plaster of Paris on to some wooden blocks—I saw Clarke and Griffiths pass to Jones four pieces, and Jones put them into the oven by the fire, and then he handed each piece back to them, when they would rehand it to him and he would replace it in the oven—I put Wedden and Baker at the back and went with Lee and knocked at the front door, which was the signal to Wedden and Baker to enter at the back—as I entered I saw Jones and Clarke in the passage scuffling with Baker and Wedden—this was about 2.30 a.m.—Piper was going upstairs—Clarke and Jones were taken into the room into which we had previously been looking—I said to them, "We are police officers. Consider yourselves in custody for making counterfeit coin "—they made no reply—I then left them with Baker and Wedden and went upstairs, where I saw Lee with Piper, Mrs. Griffiths and Griffiths on the first floor back room—I said, "We are police officers, and you will be charged with being concerned with the two men downstairs for making counterfeit coin," to which they made no reply—I then, with other officers, went to the back room on the ground floor, into which we had been looking, and made a search, when we found a double mould bearing the impression of a shilling and a half-crown; a half mould bearing the impression of a shilling, a ladle with some metal adhering to the sides, a plate containing some acid which I put into a bottle; a purse containing 2s. 6d. and a florin, which, I think, are bad, and three counterfeit shillings on the table; some pieces of mould in the fireplace, some plaster of Paris in a bag, and a cup containing some plaster of Paris, also a spoon and a knife on the chair that I have previously spoken of; a tin containing whiting, cork, three wooden blocks, one piece of Bath brick, two brushes, two knives, and a piece of copper wire used for taking the coins out on to the hob, and twenty counterfeit shillings on the mantelshelf, in between each one being tissue paper (Articles produced)—in the front room on the ground floor I found two wet moulds, each containing a good shilling, the pattern piece (Produced)—the articles which I saw being made were similar to these—in the first floor back room I found a cup containing plaster of Paris, a file, a knife, a spoon, and a small quantity of metal—I did not notice the ladle being used when I looked into the room.

Cross-examined by Clarke. You would be in the house about an hour and three-quarters before we raided it—I said before the Magistrate that what I saw you handling whilst looking through the window was similar to this half mould of a shilling in shape—I do not know that you opened the door to us; when the door opened it was against you; I pushed it open and you were just inside—it is quite possible for me to have seen you scuffling, because when I forced the door open I pushed you further

up the passage, so that is how you got there—you were caught by Baker—I do not know that I said you were struggling—the cause of the scuffle was Baker preventing you from going into the door of the front room; I told the Magistrate that—I saw Piper assisting in the mixing up of the plaster of Paris—I did not say that at the Police Court, because I was not asked—I should not have thought of it now if you had not asked me.

Cross-examined by Piper. You were stirring up some plaster of Paris in this cup (Produced, containing plaster of Paris)—I could see the cap and spoon from the back—you were not stirring tea—you were practically covered with some white stuff which looked like plaster of Paris—I saw no cup containing tea, nor any teapot in the room.

By the COURT. There was a large basin also on the table containing plaster of Paris—there were no remains of tea-things about, or things being got ready for tea.

Re-examined. I never found any cup with tea in it—there were other cups about and a teapot, but they were on the shelf—there was no tea prepared.

Piper. "The teapot was on the hob. "

CHARLES LEE (Detective-Sergeant K.) About 12.45 a.m. on December 23rd I was watching with Eustace at the rear of 13, Wellington Street—on entering the front of the house with him, Piper rushed up the stairs and I immediately followed her—I was in plain clothes—I found her upstairs standing at the head of the bed, Griffiths partly dressed, and his wife undressed in bed—I told them I was a police officer and should detain them there—"Piper said nothing to me—Griffiths said, "I do not occupy the house "—shortly afterwards Eustace came up—I saw him find the articles he mentioned—Griffiths and his wife were then taken down to the ground floor back room, where Jones and Clarke were.

Cross-examined by Clarke. I cannot say whether you opened the door or whether it was opened by us pushing, but directly after we knocked at the door it was opened and you were inside; you were not holding the latch in your hand—we did not push you up against the other officer when we came in.

Piper. "I was half-way upstairs when I heard the knocking at the door, and I heard the rush in; it was enough to make anybody go up stairs quick. "

GEORGE BAKER (Detective-Sergeant K.) About 2 a.m. on December 23rd I was with Wedden keeping watch at the back of 13, Wellington Street, through the window of the back room on the ground floor—I saw Clarke on one side of a chair in the middle of the room, and Jones the other side—Griffiths brought this ladle from the fire and placed it on the table—there were two moulds on the chair, which Clarke and Jones were shaping, Clarke having a knife in his hand—Piper was mixing plaster of Paris in this cup with this spoon, which she took from the table and handed to Clarke and Jones—all the men were undressed with the exception of their trousers, socks, and shirts—they had no boots on and they, with the woman, were all smothered with plaster of Paris—their sleeves were turned up—when Piper handed Jones and Clarke the

plaster of Paris, Clarke took it out with a knife and plastered it on to the round block of wood—these are two blocks covered with plaster of Paris—on a signal from Eustace, which was a knock at the front door, Wedden and I forced our way into the back door—as soon as I got in Griffiths ran upstairs, followed by Piper—Clarke went to the front door, and just then the front door was burst open—whether it was opened by Clarke or burst open by Eustace I cannot say—Clarke came back towards the front room and dropped something which was afterwards found to be these two shilling moulds, which were wet, and each of which had a good shilling in it—Jones was detained in the passage by Wedden—I took Clarke back into the kitchen and there detained him until the arrival of Sergeant Eustace, who had gone upstairs—they were taken to the station and charged, when they made no reply, except Jones, who said to me, in Clarke's presence, "I am not a violent man. The game is up. We shall have to make the best of it. "

Cross-examined by Clarke. I believe it was you who threw those moulds down; I said so at the Police Court—Wedden had Jones a little way behind—it was rather dark—I said at the Police Court, on Jones saying that he dropped them, that it may have been him—I said at the Police Court you were shaping the moulds—I believe I said also that you had a knife in your hand—I said that I saw Griffiths pick the ladle out of the fireplace; if my deposition says I saw you, it is a mistake [The learned Judge read the witness's deposition, in portions of which he said, "Clarke and Jones were making a mould on a chair in the centre of the room. Clarke took a ladle from the fireplace and put it on the table." Cross-examined by Jones: It was not you who dropped them. You and Clarke were close together. To the best of my belief Clarke-dropped them. It may have been Jones]—I did not see any of you making the counterfeit coins that were found.

Cross-examined by Piper. I am sure you were stirring up plaster of Paris, because Clarke and Jones were applying it to the moulds.

By the COURT. I did not see any tea-things about on the table as if they were having tea, nor any teapot in the fireplace.

RICHARD WEDDEN (Detective K.) On the morning of December 23rd I went with the other officers to 13, Wellington Street—about 12.45 a.m. I saw Clarke enter—I went into the house at 2.30 p.m. by the back door as Eustace and Lee entered by the front door—Clarke was in the passage near the front door—I was present when he was afterwards charged, in answer to which he said, "You have made a big mistake; I do not know anything about it. I had just gone into the house "—when looking through the window at the back I saw Griffiths holding this ladle over the fireplace and saw it afterwards on the top of the oven.

Cross-examined by Clarke. There was struggling going on in the passage—I never spoke about that at the Police Court—there was a scuffle.

MARY ANN PHILIPS . I live at 23, Wellington Street, with my husband, Robert George Phillips, and am the agent of No. 13—Mrs. Griffiths, in the name of Thompson, came with Piper, whom she told me was her servant, on Friday, December 20th, and took that house, which is a four-roomed house, at

10s. a week—on the Saturday she came with her husband, William Griffiths, on the Monday after she came with Piper again—I never saw Clarke—I gave Mrs. Griffiths the key.

By the COURT. On the Friday Mrs. Griffiths and Piper came and saw the house—I did not see the other prisoners at all—on December 21st I was in the house when I saw Mr. and Mrs. Griffiths and Mary Piper, because my husband did the repairs in the house and I went in to him, but I did not see the other prisoners there at all.

WILLIAM JOHN WEBSTER . This is a double mould that has been used for casting counterfeit half-crowns and shillings—this is a half-crown that has been made in that mould; it was found, I understand, in the purse—this is also a counterfeit florin—they are both very well made—these are twenty-three counterfeit shillings which come from the double mould; they are all pretty well made—these are two single moulds containing a pattern shilling—this is a half mould representing the reverse side of a shilling, but it has not been used—as to the tissue paper between which the twenty counterfeit shillings were placed, when they make what they call "A load of tricks" they wrap them carefully in paper—twenty coins form a load—all these articles before me form part of the stock-in-trade of a coiner.

Cross-examined by Clarke. I cannot tell you how long these twenty-three counterfeit coins have been made—I do not suppose they were made by any of the prisoners during the time you were in the house, one and three-quarter hours.

Clarke's statement before the Magistrate: "All I can say about these men is that what the detective said about my making moulds is false. He took his oath and said he saw me drop the moulds. When Jones spoke up and said he dropped the moulds, he owned up he had made a mistake. If he made a mistake about that, he might make a mistake about me making the moulds. It was not plaster of Paris the young woman was stirring, but a cup of tea she gave me and Jones. I had only been in the house two hours. She knows no more about it than I do." Piper said: "That detective said I was mixing plaster of Paris. It was two cups of tea. As I handed it to the prisoners I was stirring it up." Clarke, in his defence, said that he did not make the coins, nor saw them made, being only one and three-quarter hours in the house; that at the Police Court only one police officer had said that it was plaster of Paris Pipes was mixing up, but they had all now said it was plaster of Paris.

GUILTY . Eleven previous convictions were proved against CLARKE, dating from 1894, none of which were for coining offences. A previous conviction for uttering counterfeit coin was proved against JONES.

GRIFFITHS was stated to be a clever maker— Five years' penal servitude each.

PIPER— Four years' penal servitude. They were stated to be associates of a gang of known and reputed coiners.

8th January 1906
Reference Numbert19060108-150
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > hard labour

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150. CHARLES MARNEY (25) and WILLIAM BEST (19) , Robbery with violence, together with other persons unknown, upon Johann Witton, and stealing from him a watch and chain.

MR. J. D. JOHNSON Prosecuted.

JOHANN WITTON (Interpreted). I am a baker, of Parfett Street, Commercial Road—about 6 p.m. on December 2nd I was in a street of which I forget the name, near Commercial Road—I was about to cross the street when I saw three men—I turned found the corner, when Marney followed me and seized me by the throat—Best tore my waistcoat open and took out my purse and money and my watch and chain—I had 27s. in English money, twenty francs and seventy centimes in French money, thirty-three kreutzers in Austrian money, and twenty-seven plennigs in German money—they then turned round the corner and ran away—I looked for my hat and then I ran after them—I saw a policeman afterwards, but I could not make him understand, as I could not speak English—he and other men went to search for them and I saw the workmen find Marney in a warehouse.

Cross-examined by Marney. I think I said before that there were four men, but the fourth man denied at the police station that he was there—there were not four men there—I saw the fourth one, but he did nothing to me—the workmen who found you were employed at the warehouse—I pointed you out as having assaulted me; I did not point out mother man first—when I was called to the police station I did not say that it was another man who had attacked me; I told them in German that it was you, but they did not understand me.

By the COURT. There was not an interpreter there that evening.

SAMUEL TROPP . I am an ice merchant, of 11, Nottingham Place, Commercial Road—between 5 and 6 p.m. on December 6th I was in Bell Lane, Spitalfields, when I saw Marney running towards me, with the prosecutor running after him shouting "Stop thief!"—I ran after him through several streets until we got to Fashion Street, keeping him in sight all the time—he then went into a rag warehouse and I stopped by the door till a constable arrived—on the prosecutor and the constable coming up I said to the constable, "The man is in the rag warehouse," and he went in—I did not go in also—he called me in and I indicated the prisoner to him.

Marney. "I do not know the man; he has made a great mistake. "

GEORGE BELL (123 H.) About 6 p.m. on December 6th I was in Fashion Street, when in consequence of information I received I went into a warehouse, where I saw Marney crouching down amongst some bales of rags; he was not asleep—I said to the prosecutor and Tropp, who had come in, "Is this the one?" pointing to Marney, and they both said, "Yes "—the prosecutor said, "He robbed me. "

Cross-examined by Marney. There was Tropp, myself, the prosecutor, and one of the workmen, I believe, there—I did not ask the prosecutor, "Which is the man?" and he did not point to one of the workmen—he did not point out another man before he pointed you out—there was an interpreter that evening at the station.

By the COURT. The prosecutor did not say to me there were four men,—I heard the interpreter put into English what the prosecutor said—the prosecutor said, I believe, that there were four men.

WALTER FUNNELL (88 H.) At 1.10 a.m. on January 2nd I arrested Best in Duval Street, Spitalfields—I told him I should take him to the station for being concerned with others in assaulting and robbing a man in Spitalfields—I did not mention any date—he said, "I was not there; I know nothing about it "—at the Commercial Street police station that same evening he was placed amongst a number of other men and was identified by the prosecutor—when charged he said nothing—I was present the next day at the Worship Street Police Court, when in answer to a question by the Magistrate he said, "I admit I was there, but I did not touch the man. "

Marney, in his defence on oath, said that being very drunk he went into this warehouse and fell asleep; that he was awakened by the policeman; that he had not been in Bell Lane that day and knew nothing of this robbery; that the prosecutor, on being asked to point out the man who had assaulted him, pointed out one of the workmen who was standing by, and that Best was a stranger to him.

GUILTY . Marney then PLEADED GUILTY to a conviction of felony at the Thames Police Court on March 3rd, 1903, in the name of Charles Johnston, and Best to a conviction, of felony at Aldershot Police Court on December 27th, 1904.

Nine previous convictions were proved against MARNEY— Five years' penal servitude.

BEST— Twelve months' hard labour.

FOURTH COURT.—Tuesday, January 9th, 1906. Before Lumley Smith, Esq., K.C.

8th January 1906
Reference Numbert19060108-151
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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151. LUIGI CARNEVALI (20) PLEADED GUILTY to obtaining from Luigi Feroni £1 and £3 by false pretences, with intent to defraud; also to forging and uttering an order for the payment of 400 lire of Italian money, with intent to defraud. Twelve months' hard labour. The learned Judge stated that he would, under the provisions of the Aliens Act, 1905, recommend the Home Secretary to order the prisoner's expulsion from the country.—And

8th January 1906
Reference Numbert19060108-152
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(152.) HENRY GOULD (22) to stealing a bicycle belonging to Henry Johnston; also to feloniously marrying Mary Grace Davies, his wife being alive. Fifteen months' hard labour. [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-153
VerdictsGuilty > pleaded guilty; Miscellaneous > no agreement
SentencesMiscellaneous > sureties

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153. HENRY THOMPSON (28) , While employed as clerk by Alfred Ernest Beer and another, stealing a side of bacon belonging to them; and BASS EMBERY , feloniously receiving the same, knowing it was Stolen.


MR. ROWSELL Prosecuted; MR. W. B. CAMPBELL Defended Embery.

JESSE CROUCH (Detective-Inspector, City). On November 30th, after seeing Thompson taken into custody, I visited 103, Wynford Road, Islington, where Embery has a small shop—in the company of Mr. Beer and Detectives Hine and Loakes, I entered the shop and said to him, "We are making some inquiries about a side of bacon brought here to-day "—he said, "I did buy the bacon from a man I do not know, and paid him

18s. for it. He said he would send me the invoice in the morning. He has never been here before and I do not know what firm it came from "—I then asked him if he knew the value of the bacon—he said, "Yes, perfectly "—when questioned as to other goods he said he had no receipts, as they were not straight—the other goods were bovril, sardines and other things—one case of sardines had "E. & T. Pink" on a label—it was consigned to a Mr. Inwood—I arrested Thompson at 6 p.m., and at 7.30 I saw Embery—I told him he would be charged with receiving the bacon and other articles, well knowing they were stolen—he was taken to the station—Thompson was there—Embery said, "That is the man I bought it of "—Thompson said, "Yes, that is quite right. "

Cross-examined. When I went to Embery's he was in the shop—there were four others with me—I told him I had a man in custody and asked him if he had bought bacon from him—the prisoner replied, "Yes, it is true "—he then said he had paid 18s. for it—there was very little else said—we were there something like two and a half hours, but as his wife was very ill we did not wish to disturb her—I made my note of the conversation when I got back to the station about 11 o'clock—I put down all that I remembered—the bacon was uncut and exposed upon a shelf—the prosecutor had no difficulty. in recognising it as his—Embery showed invoices for everything except what I have mentioned, and those we took away—he said as to those, that they were not straight—those were the very words; I adhere to that—I told him I should take them away and make further inquiries—the shop was under our observation.

Re-examined The bacon in question was at the bottom of a pile of bacon—in consequence of complaints, the van driven by Thompson was shadowed and it was seen that the bacon was delivered from it at this shop.

JOHN LOAKES (Detective, City). On November 30th I shadowed Thompson's van as it left the prosecutor's—I followed it to various places—the last place it called at was Embery's—there was then only a side of bacon left in the van which had on each side in large letters "J. B. & S. "—it drew up at the corner of, I think it is, William Street, a little back street—Thompson got down and went to the tailboard—he then drew out the side of bacon, lifted it on to his head, and carried it into Embery's shop—he did not go into the shop before he took the bacon in—I went up and saw him handing the bacon over the counter to Embery—I saw no money pass—I watched Thompson drive away with his van and I then made a statement to Inspector Crouch—I saw Thompson in the shop and watched him come up—the bacon could not have been weighed while he was in there, as he was there such a short time.

Cross-examined. I watched Thompson from 11 a.m.—when I first saw him he was drawing out his van from the prosecutor's premises—it was then loaded up with various provisions—I followed him on my bicycle—I never lost sight of him—I did not do all I could to avoid being seen by him, but I had to be careful—the bacon was the only thing he had left at 4 o'clock, when he went into Embery's shop—I then secreted

myself some few yards away—he did not first of all go into the shop and then come out for the bacon—I did not hear Thompson say at the Police Court, where he pleaded guilty, when I said that he went in straight with the bacon, "I did not; I went in first without it "—I was not in Court all the time—at the Police Court Mr. Ricketts, who was defending, asked me whether Thompson went into the shop first without the bacon and I said, "No "—I say that now—I do not remember that Thompson interrupted and said, "Yes, I did "—I did not stop to see whether the meat was weighed, as I was then afraid of being observed—I simply went to the front of the shop, passed and repassed it.

HERBERT HINE (Detective-Sergeant, City). On November 30th I accompanied Inspector Crouch to Embery's shop and went in with him—Crouch said to Embery, "We are police officers; a man has delivered a side of bacon in here this afternoon "—he replied, "Yes, that is quite right "—Crouch said, "Have you still got it?"—Embery replied, "Yes, it is up here "—he produced the bacon, which was then identified by a witness with us—later on Inspector Crouch said, "I should like to look round your place "—Embery took us into his stock room—as to the bacon, he said, "I bought it from a man this afternoon; I do not know his name. I paid him 18s. for it; he said he would send the invoice on in the morning; I do not know what firm it came from "—Crouch asked him if he knew the value of bacon—he replied, "Perfectly well "—we went into the back parlour, which was stocked with various goods—a number of goods were in front, and amongst them a case of sardines, two boxes of bovril, bloater paste, Nixey's polish and other things—Crouch asked Embery, "Have you any invoices for these?"—he replied, "No, they are not straight "—upon that, he was charged and taken to the station.

Cross-examined. I made a note at the station after he was charged—I cannot tell you when Crouch made his note—I did not see him—my note is, "Reply to Crouch, 'They are not straight,' referring to case of sardines, etc. "—I attach great importance to anything in the nature of an admission—I did not talk it over with Crouch before getting to the station—we took his statement for granted, for what it was worth—it was worth a good deal to the Prosecution—I did not make any observation upon it to Crouch—I will pledge my oath that we did not then talk it over—we have since talked it over.

Re-examined. I did not consider it necessary to make any observation, because it is a remark made by thieves; when it is said that a thing is not "straight," it is regarded as stolen property, and it was not necessary to discuss it further.

ALFRED ERNEST BEER . I am a number of J. Baer & Sons, wholesale provision merchants—Thompson was one of my carmen and had been for about two years—Embery is not and never has been a customer of ours—after Thompson was charged with stealing the bacon, I went with Crouch and the other officers to Embery's shop—the bacon weighed about 56 lbs. and was worth 36s.—I identified it as ours—there is a factory mark on it, but no label—I did not hear the first conversation but the subsequent ones I did—the detective held up a box containing tins of

sardines—Embery said, "That is not straight "—Crouch was asking him for receipts for the goods—I am sure he said that—my firm is well known in the trade.

Cross-examined. This bacon was not at first weighed; it was on being returned to our place—I say it weighed about 56 lbs.—there was no brand on it, but a factory mark—there was nothing to show from what country it came, but anyone in the trade would know it was Danish—there is Lo bacon sold as low as 18s. for a side, however bad or poor in quality—Thompson does not go round offering goods for sale to customers, which have not been ordered—that is not our way of doing business—salesmen do go round with carmen offering goods for sale for certain dealers—a salesman never goes without a vanman, to my knowledge.

Re-examined. A salesman would always give a ticket or invoice for the goods sold—the practice which has been suggested in cross-examination does not obtain in the bacon trade; it is so in the provision trade at to butter, eggs and so on.

ERNEST TRAYLEN . I live at 127, Landcroft Road, East Dulwich, and am an inquiry agent employed by Messrs. E. & T. Pink—this label (Produced) is one of ours—my firm send out cases of sardines—this is one of our cases consigned to Mr. Inwood, one of our customers—this other label is also ours—I have examined our firm's stook and found one case of sardines missing since November 23rd—the prisoner is not a customer of ours.

Cross-examined. It is my duty to make general inquiries for my firm—in this case I have not seen the cases of sardines arrive, but I go by the stock book which is kept by the foreman of the floor—he is not here—this "G.85" refers to the load that leaves the firm on a particular day—two cases of sardines went out on November 25th—I do not know the writing of these labels.

CHARLES ALFRED INWOOD . I am a grocer at 66, Church Road, Leyton—I give Messrs. Pink an order for a case of sardines on November 24th—on November 25th one case arrived—one of these labels was attached—I do not know the prisoner.

Cross-examined. I have never come across a vanman who offers goods to provision dealers—salesmen sometimes come direct from the firm, in which case, if goods are bought, he gives an invoice right away—I would not allow him to send it in the morning.

Re-examined. It is principally done with eggs and butter—I would not buy from a general canvasser without getting a receipt for the money.

JESSE CROUCH (Recalled by MR. ROWSELL). At the time I seized the sardine case, the label was attached.

ALICE PHILLIPS . I live at 43, Corporation Road, Clerkenwell, and am employed by Messrs. E. & T. Pink—this label is in my writing—it was written on November 24th, from the order received from Mr. Inwood, "G. 25" is the load number—it is addressed to "Mr. Inwood" without any initial.

VIOLET TOWERS . I live at 5, Mote Place, Clerkenwell, and am employed by Messrs. E. & T. Pink—this label, addressed to "G. Inwood," is my

writing—it was written on November 24th from the order received—this is the order.

Cross-examined. I have instructions to write a label when an order is received—I cannot explain how two labels came to be written—I wrote mine independently of Miss Phillips.

Embery, in his defence, said that his name was Alfred Basil Embery; that he had carried on a grocer's business at 103, Wynford Road, Islington, for about thirty-six years; that he had been a member and one of the auditors of the Islington Vestry; that he was a trustee of the Odd fellows' Society; that on November 30th, about 4 p.m., Thompson came into his shop and asked him if he could do with a side, as he had got one left; that he brought it in and he (Embery) gave him 18s. for it, which was about its value; that he had bought bacon in that way before from salesmen with vans, even as low as 16s. 6d.; that he thought it had been hawked about all day; that Crouch asked him when he came if the other goods were straight; that he replied, "I believe they are "; that Crouch said, "No receipt?"; that he replied "No "; that he got the sardines from a man named Ford, of Spitalfields; and that he did not know that the goods had been stolen.

He received a good character. The Jury being unable to agree, the trial was postponed till next Sessions. THOMPSON received a good character and was recommended to mercy by the prosecutor— Discharged on his own recognisances in £10.

8th January 1906
Reference Numbert19060108-154
VerdictNot Guilty > unknown

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154. ENOCH RYALL (32) , Committing an act of gross indecency with Michael Haystead.

MR. W. B. CAMPBELL Prosecuted.


NEW COURT.—Tuesday, Wednesday and Thursday, January 9th, 10th and 11th, 1906.

Before Mr. Recorder.

8th January 1906
Reference Numbert19060108-155
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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155. STANLEY GARDNER (39) PLEADED GUILTY to unlawfully obtaining from Margaret Lucy Adey a banker's cheque, and £27 7s. 6d. by false pretences, with intent to defraud; also to fraudulently converting money received from her to his own use and benefit. One previous conviction was proved against him. Eighteen months' hard labour

8th January 1906
Reference Numbert19060108-156
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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(156.) WILLIAM KRUZER (22) to forging an order for the payment of £34 11s. with intent to utter; also to having unlawfully obtained from Charles Collins and another three boxes of cigarettes with intent to defraud; also to stealing an overcoat, the property of Paul Bock. Nine months' hard labour. — [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-157
VerdictGuilty > pleaded guilty

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(157.) BARRY HUGH KERTLAND (22) to attempting to deceive the Commissioner of the Metropolitan Police, and accordingly obtain a situation as a constable by giving a false certificate of character. Three months' imprisonment in the Second Division. [Pleaded guilty: See original trial image.]—And

8th January 1906
Reference Numbert19060108-158
VerdictGuilty > pleaded guilty

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(158.) HARRY ROBERT HARVEY (23) to robbery with violent on Jacob Grainger, and stealing a bag and other goods and money, his property. He received a good character. Twelve months' imprisonment in the Second Division. [Pleaded guilty: See original trial image.]

8th January 1906
Reference Numbert19060108-159
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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159. JOHN ALFRED BRIDGES (39) , Feloniously wounding Albert Evans with intent to do him grievous bodily harm.

MR. PETER GRAIN Prosecuted; MR. PURCELL Defended.

The prisoner stated in the hearing of the Jury that he was guilty of unlawful wounding. A record of previous convictions was handed in to the COURT, including one of housebreaking in 1890. Nine months' hard labour.

8th January 1906
Reference Numbert19060108-160
VerdictsMiscellaneous > no agreement

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160. LEONARD DOUGLAS CAFFREY (23) , Obtaining £30 by false pretences from Charles Havey Malim, Frederick Cox, and others, with intent to defraud; and the said LEONARD DOUGLAS CAFFREY and ALGERNON GILBERT CAFFREY (20) , Unlawfully receiving the same.

MR. BODKIN and MR. SYMMONS Prosecuted; MR. FRAMPTON Defended.

SIR FRANCIS ASTLEY CORBETT . I live at 45, Cadogan Gardens, and am a member of the Guards' club—I was at that club on Tuesday, October 10th, between 5 and 6 p.m., in the smoking room, which is also used as a card room—no one else was then in the room—I rang the bell, and sat down at a writing table, and started writing a letter—the bell was answered, but I am unable to say by which waiter—I know Leonard Caffrey is a waiter at the club, and attends the smoking room and card room—I asked the waiter for Cox's cheque book, and he brought it—while writing the letter I took out two cheques, one of which I made out for £10—I asked the waiter to get it cashed in the club—he brought me the change as I was still writing the letter—I put the other cheque on the table—I finished my letter, and then filled up the cheque that was on the table for £30 in favour of Mr. J. H. Saunders, drawn to order—I put it inside a letter, and the letter in an envelope, addressed it, took it downstairs, and put it in a letter box, which is on a round table close to the door—I always make it a rule to initial the counterfoil, put in the date and the amount, and pay the waiter the 1d. for the stamp—I did so in this case, as far as I remember—downstairs I met three other members, and returned with them to the smoke room—I had been out of the room about ten or fifteen minutes—nobody was in the room when I got back—I ordered cards from the waiter, and played two rubbers of bridge—I left town the next day—I returned to London on Monday, the 16th—I looked for, but could find no acknowledgment of my cheque—I left London again on the 17th, and returned on Friday, the 20th—I arrived about 10 p.m., and left the next day about 2, I think—I made inquiries, and in consequence saw Mr. Evans about it—an attempt was made to find the counterfoils of my cheques—I could find the counterfoil of a cheque that I wrote afterwards, but not any counterfoil of those two cheques—after that I communicated with Mr. Evans as to the missing letter and the missing cheque—this is we cheque I drew.

Cross-examined. The second cheque form was on the table when the waiter brought in the change—I did not summon him again—I played two rubbers and stayed till about 7 p.m.—the club is comparatively empty at that time of the year, as a good many officers are away.

Re-examined. The waiter took the cheque book away after I had taken

the cheques out—when I was writing my letter the second cheque form was lying next to me.

JOSEPH HARRY SAUNDERS . I am the secretary of the Princes club at Knightsbridge—in October last Sir Francis Corbett had occasion to remit me £30—I did not receive this cheque for £30 in my favour, or any letter enclosing it—the signature on it is not mine—it is a forgery—if anybody cashed that cheque it was not cashed with my authority.

CHARLES HAVEY MALIM . I live at 46, Boundaries Road, Balham, and am chief cashier at Cox's Bank—Sir Francis Corbett banks there, as well as the majority of the members of the Guards' Club—I cashed the cheque produced on October 11th—I find from my notes that I gave in exchange for it £20 in gold, two £5 notes, Nos. 61199 and 61200, dated April 19th, 1905—the cheque was in order and I took for granted that the signature was genuine—it is an order cheque—I knew the signature of the customer, but I did not know the signature of the endorser—as far as I can judge from the entries in my book, the time I cashed the cheque was from 11.30 to 12 o'clock—I do not recognise the person I paid—our bank supply cheque books to the Guards' Club for the use of the members generally—the book produced includes Nos. 582801 to 582850, which includes the cheque produced, 582847—a manservant generally comes for a new cheque book, which is entered as supplied to the club—we change several cheques for members during the day—a cheque book is delivered to the messenger without any written order, on payment of the amount for the stamps, so we do not have to charge for the cheque books in the account with the club, but we keep a record—this cheque book is dated September 30th.

Cross-examined. I cannot tell you the exact time the cheque was cashed; I only judge from the entries in my book—it is purely a guess—I cannot tell you what time the porter came that morning to cash cheques, but one or other of the porters usually come about 10.30—they must come to my desk—I know two or three of the club servants—I do not know Leonard Caffrey—I recognised at the time that the cheque was one of Sir Francis Corbett's, who I knew was a member of the Guards' Club—a cheque for £10 was cashed in the ordinary course, but I do not recollect who presented it—when I find a cheque is in order it is paid as a matter of course—other clubs are constantly sending servants to change cheques; the number depends upon the time of year—one cheque book is dated July 29th, another August 4th; on August 12th there were two, on September 7th there was one, and on September 19th there was one, so that the average would be about two a fortnight—on September 30th two books were issued.

Re-examined. I should not like to say that I feel certain, but in my own mind I think the £30 cheque was cashed before lunch.

JOSEPH PERCIVAL HUDSON . I am a clerk in the Bank Note Office of the Bank of England—I produce two £5 notes, Nos. 61199 and 61200, dated April 19th, 1905—with the exception of the cancellation or destruction of the note they are in the same condition as when they were returned

WILLIAM HOLBECK . I am a lieutenant in the Guards, and a member

of the Guards' Club—I was in that club on October 12th—I remember drawing a cheque on one of the club cheque forms for £10—I was in the card room, which is also called the smoking room—the waiter handed me the cheque book, and I handed him the cheque to cash—I do not remember which waiter it was, but whoever he was, he brought me back the change—I know I had a £5 note, but there might have been some silver—I did not take a note of the number—looking at this bank note, No. 61200, I should say this is the note—I paid it to a friend, A. Rushton—I do not think I had another £5 note in my possession that day; if I had I should not have changed the cheque.

Cross-examined. I am positive I did not get any other money that day subsequent to this £10—I cannot say whether I had a note, or what money I had in my pocket at the time—I cannot say what other notes the person I gave that note to might have had in his possession—I cannot say whether the note I parted with on the 12th is the same that was paid to Peter Robinson & Co.

ILENE DAVEY . I am employed at Peter Robinson's, in Oxford Street—this bank note, No. 61200, and marked on the back "A. Rushton," was paid to me for our firm on October 13th in payment of the bill produced, which shows the name of the customer as "Rushton "—I handed it to the cashier in the usual way.

MAUD GEAR . I am a clerk in the Post Office at Harringay—on October 14th I received this bank note, No. 61199, in payment of a money order for £2 19s. in the name of A. G. Caffrey—this is the duplicate which I keep—the original is handed to the person who pays the money. [This was a Post Office Order, payable from A. G. Caffrey to G. Nelson & Sons, builders, Dalston Lane, for £2 19s., and dated October 14th.]

Cross-examined. Our post office is about five minutes' walk from 18, Grand Parade—I know the laundry business there—the person who came gave me the name and address at the same time that I was handed the £5 note—our post office is the nearest to that place—I do not know Alttrnon Caffrey as a customer.

FREDERICK CHARLES EVANS . I am secretary to the Guards' Club, Pall Mall—Leonard Douglas Caffrey was a waiter in that club from March 26th, 1001—his attendance was required on what we call two long days, and the then on a short day, including Sundays—on the long days he would have to he in attendance from 8 a.m. till 1 a.m. the next morning—October 11th was his short day, when he would attend from 1 p.m. till 3.30 p.m., or inereabouts; then he would go off duty, come on again at 7 p.m. and remain till 9.15 or 9.30 p.m. to cover the dinner-hour—that would refer to October 10th and 11th; the 12th would be his long day again, when he would be in attendance for exactly the same hours as on the 10th—to duties would be to attend on the members in the card room, or the smoking room on October 10th and 12th—he would not share those duties with anybody; he would be the only card room waiter at that time—the card room head waiter, and the coffee room head waiter were supplied each with a cheque book from Cox's bank—we sent for these cheque books as they were required, and there would be at least two in use, and if one

book was running near the end another book would be sent for, for the convenience of the members—the box produced is for the members letters, and is kept locked till the page boy, who has a key, collects the letters, puts them in a bag, and takes them to the post—after Sir Francis Corbett's letter was missed I tried to get out of the box an empty envelope and got it out within ten seconds by turning the box over—after that I asked for the counterfoils of the cheque books, when I was told they were never kept—up to that time the counterfoils remained with the waiters, and they did what they liked with them, but afterwards I looked through what counterfoils I could find—I also found this nearly finished book for the card room, which was issued on September 30th, 1905—I could not find any counterfoil of the cheque of Sir Francis Corbett, and I was told that the counterfoils of that particular cheque book had been destroyed—I searched through the counterfoils of other books, but could not find "Sir Fancis' counterfoil—the next day I spoke to Leonard Caffrey—as far as I remember, I asked him, "What did you do with the counterfoils!"—he said they had never been kept—I expressed my surprise that the counterfoils had not been kept, and gave instructions that they were to be kept in the future—as far as my memory goes, I told him what had happened on the previous day as to Sir Francis bringing this cheque to my notice, when I asked for the counterfoils of the cheque book, Nos. 582801 to 582850—the few cheques left in the book would be used up on that or the following day, probably the same day—the last date is "17-10-05 "—there must have been that cheque in the smoking room at the time, and also the other one which was issued on September 30th from the bank—Leonard Caffrey would attend to the smoking room, and would not attend to the coffee room—the post boy collected the letters about 5.40—he would start collecting about five minutes before that time—he does not warn the members of his going to collect—this is the other cheque No. 582848, drawn by Sir Francis Corbett for £10.

Cross-examined. Besides that cheque, No. 582848, two other cheque forms would remain out on October 10th, assuming Sir Francis is correct as to dates—inquiries were commenced on October 20th—the other cheque forms in the book would probably be used up on the 10th—when another cheque book was applied for, half a dozen cheques might remain in the book in use—Leonard Caffrey attended to the smoking room and library too—he would be entitled to have a cheque book—we have two waiters in the coffee room, Stott and Noakes, who each have a cheque book on Cox's bank, but although one is issued to each of the smoking room waiters, the waiters coming on alternate days, the one off duty would lock his cheque book up, so that practically there was only one in use—the head waiter on his short day comes on duty at luncheon time there are two head waiters; the one who is on duty has charge of the cheque book—on his "off" day the head waiter will come on duty at from about 1 p.m. till about 2.30, or thereabouts—I am not clear whether he comes on again in the dinner hour—not many members turn up in the dinner hour—as a rule, they mostly come in to luncheon—I found that the cheque book of the smoking room waiter was kept in an unlocked

drawer, and that any servant of the club could obtain access to it in order to supply a member with a cheque—Leonard Caffrey would be supplied with a cheque book, provided he brought the 4s. 2d. for the stamps—Jarman may have acted as a smoking room waiter, in which case he would be supplied with a cheque book from our office—I have never kept a record of the cheque books supplied, but the bank does—Leonard Caffrey would have his meal hours, but he would have to answer his own belt—if he was absent most likely other waiters would wait till he was disengaged—Caffrey would very rarely have to answer the morning room bell—I discovered that more than one cheque book was in use in the smoking sad ia the morning room at that particular time, and that the cheques were kept in the morning room, in a drawer which was open to anyone who went there—when Sir Francis made a complaint to me on October 20th about the cheque, Leonard Caffrey was off duty—I at once made inquiries—I asked Herman and Jarman for the counterfoils—they told me they had not been kept, and that it had not been the practice to keep them in the smoking room—Herman was on duty that morning, but both waiters were present in the morning room, when I gave instructions that the counterfoils should be kept—I have been secretary since May, 1905—I know it is the practice of members who use the smoking room to frequently leave the counterfoils of their cheques blank—looking at these counterfoils produced, only about a third are filled in, so that about two-thirds are quite useless—it is no part of the duty of the waiter to fill in the counterfoil, and I do not see how he would know what to fill in—is the coffee room he would know, but in the smoking room it is quite different—in the dining room if the member wants a little more money the charge for his luncheon is taken out. of it, or for his dinner, and in that case the member fills in the counterfoil himself—the day following, when I was told by Herman and Jarman that it was not the practice to keep these counterfoils, I saw Leonard Caffrey—the first information I got about destroying the counterfoils was from the two waiters, and I issued orders to keep them on the 20th, and on the 21st as well—Leonard Caffrey has been employed by the club about five years—during that time he has borne an excellent character—he had been in the habit of handling cheques most of the time at any rate—he may have been a page boy when he entered the service at eighteen years of age, and he is now twenty-three.

Re-examined. During the few months I have been there, finding things slovenly I endeavoured to correct them, and among other things I directed that the counterfoils should be kept—rules are made for the members, but I have no control over them.

JOHN HENRY STOTT . I am one of the head waiters employed at the Guards' Club—there are two head waiters, who are on duty on alternate dates from 8 a.m. till 1 a.m. the next day and on what is called "the short day," when we come for luncheon and dinner, or from 1 till 2.30, and from 7 till 9—I had a Cox's cheque book in my possession—I kept it in the desk in the dining room—when a member wanted a cheque in the coffee room I supplied him with one, for which he sometimes gave me a penny—

on my long days anybody wanting a cheque would come to me—on the short days I locked my cheque book up—when Noakes was on duty he would use his own cheque book—I should only use my own; I should not have his—if applied to for a cheque on my short day, when I should not be on duty, I should bring Noakes' cheque book—I kept the counterfoils of my cheque books—I have them for about three years—very often the counterfoils were rot filled up; they were sometimes missed—my counterfoils are all initialled—these are mine—one book covers from August 2nd till October 11th, another one from October 13th till November 6th.

Cross-examined. I have never got my own cheque book when Noakes was on duty—provided he was called away he would leave it in the dining room, where mine would be if I was on duty—my book would be in my stock cupboard when I left at night—the other book would be lying on the desk in the coffee room—most cheques I give to members are handed back to me to cash—I have filled in heaps of counterfoils—members leave them in blank—I keep the record for myself—I always keep them, and they were kept even before I came to this club—I do not know that there were any particular orders to that effect—sometimes a waiter would come to me from another part of the club for a cheque—I should take the whole cheque book to the member who would expect to use the book—I would not mind my cheque book going out of my possession; there is no secret about it—there is no desire to keep the cheque books, locked up.

FRANK NOAKES . I am a head waiter at the Guards' Club on alternate duty with Stott—I was on duty on October 10th and 12th—these are my counterfoils of cheques from August 3rd to October 12th and from October 12th to November 1st—I keep my counterfoils for about three years—on October 12th I cashed a cheque for Lieutenant Holbeck for £10—I gave him the change and kept no record.

Cross-examined. I may have given Lieutenant Holbeck five sovereigns or two notes.

THOMAS WILLIAM SWINDELL . I am one of the page boys employed at the Guards' Club—part of my duty is to collect the letters from the boxes, including the box for the smoking room—I have a key given mo for that purpose—I do not tilt the boxes up to get the letters out—I collect for the various posts during the day from 9.25 a.m. till between 5 and 6 p.m.—my hours are from 8 a.m. till 8 p.m. one day, and from 8 a.m. till 9 p.m. the next day—I collect at 5.40 to 5.46 for the 6 o'clock post—I put the letters in a bag, put the bag on my shoulders and take it to the post in St. James' Street.

THOMAS TAPPENDKN (Detective A.) I was given this matter to in into, and in consequence of my inquiries I went to see Algernon Caffery on November 3rd, about 4 p.m., at 18, Grand Parade, Harringay, where he occupies premises which are used as a small laundry—I told him I was a police officer, and was making inquiries about a £5 note that he had cashed at the post office opposite—he hesitated for a minute or two, and then said, "I remember cashing a £5 note for a money order for £2 19s. "—I said, "Where did you get that note from?" and I asked him

when—he said he got it about a fortnight ago, and, "I went to Finsbury Park Post Office to get two or three notes for gold, but I could only get two "—he said he wanted them to pay his rent to his landlord, and, "While I was in the Finsbury Post Office I was accosted by a man who offered to let me have one, but I did not have anything to do with him. I came out and got into the electric tram, when the man followed me, and said, 'Won't you have this note? It is perfectly all right.' I asked him his name, and he said his name was Scott, and as he appeared to be a respectable man I took the note and gave him the gold "—I said, "Do you know where that man lives?"—he said, "He gave me a card with Wareham Road on it; I do not remember the number "—Wareham Road is near at hand—I said, "Have you got that card now?"—he said, "Yes, I think I have got it in my clothes," and he went away to fetch it through a private side door—he returned shortly afterwards and said, "I cannot find it; I must have destroyed it "—I said, "You had better endeavour to find the card, as this note is Dart of the proceeds of a forged cheque "—I then went away—the following day I went to the Guards' club, and had a communication with Mr. Evans—in consequence of what! to laid I went back with him to 18, Grand Parade, where I saw Algernon Caffrey again—I said to him, "Have you communicated with your brother?"—he said, "Yes, I wrote to him last night "—I had not suggested to him anything else about the "brother, and did not know anything about him at that time—I did not mention the Guards' Club—to—thing I had found out since I had seen him the day before made me ask him, "Have you communicated with your brother?"—I said, "Is your brother in?"—I meant was he in the building, assuming that he was living with his brother—he said, "Yes, I think so "—he went to the tide door and opened it, and met his brother in the passage—it was a private door—I said to Mr. Evans, "Is this the waiter employed at the club?"—he had left the club and was off duty—Mr. Evans said, "Yes "—I then told Leonard Caffrey that a cheque had been stolen and forged at the Guards' Club, belonging to Sir Francis Astley Corbett, and that his brother had been found dealing with one of the notes, part of the proceeds of that cheque—he said, "I do not know anything about it; it seems to me that my brother has been made a dupe of by someone who has got a grudge against me "—Mr. Evans, myself, and the two prisoners then went back to the club—I asked Leonard to show me the letter his brother had written—he fetched it from one of his livery coats in his bedroom—we were in the secretary's office when he went away and fetched it—he handed it to me—I then took the prisoners to Cannon Row (Letter read): "From Ranks & Co., Laundrymen, Dyers, and Cleaners, Chief Office, 18, Grand Parade, Harringay. Dear Len,—You will be surprised to hear that I have had a visit from a detective to-night. You remember I told you some time ago that I went to Finsbury Park Post Office to get some £5 notes for gold. A man there in the shop offered to let me have some, which I told you I refused on the advice of the girl behind the desk, but I never told you that I afterwards accepted one on meeting him in the car on the way home, because I thought you might think me

a fool for doing so, but I did, and you see what a mess I have caused by so doing. The detective told me the note was stolen, and, therefore, I am under suspicion for changing it. Do not tell anyone, as he told me to keep it secret. The fellow gave me a card with Scott, Wareham Road, on it, but nobody lives there of that name, so it must have been false. Trusting it will end satisfactorily, I remain, Your Affe. Bro., Alg. I am keeping my eyes open for the blackguard, so am quite an amateur detective. N.B. Splendid trade this week "—when charged at Cannon Row, Leonard said, "Absolutely not guilty "—Algernon made no reply.

Cross-examined. I have made inquiries, and find that both prisoners bear excellent characters—I know that they are jointly interested in the laundry business carried on at 18, Grand Parade, Harringay—it is a very decent business—they live there with their grandmother, and they have let off a greater portion of the premises—I know there is a surgery there, but I did not know there were flats let off, but the lettings considerably reduce their rent—the Harringay Post Office is within twenty yards of their place—I knew that Algernon had exchanged a note for a money order; I had been shown the counterfoil—when I told Algernon I was a police officer I suppose he hesitated to collect himself, or probably my telling him that might frighten him—he spoke quite frankly—he said that the girl behind the counter at the Finsbury Post Office told him that she was glad that he had not taken the note of the man—on the way back to the club I went to the post office, and spoke to the girl—the confirmed what Algernon had said to a certain extent—she is not witness—I did not tell him he had better not try to find the card, but try to find the man—Leonard at that time had gone off duty—Algernon told me he had written to him the night before—Leonard produced the letter after we got back to the club, and handed it to me—both prisoners were frank—there was no secrecy about anything.

C. H. MALIM (Re-examined). Sir Francis Corbett's cheque for £10 was cashed in the usual way the next morning by the ordinary servant of the bank—it was presented on the morning of the 11th by a messenger from the Guards' Club.

Cross-examined. I cannot remember the individual who came—the approximate time was about 10.30.

T. TAPPENDEN (Re-examined by the COURT). I went with Algernon and Leonard to the Finsbury Park Post Office on November 4th—I saw a Miss Coates, who was in charge—Algernon said, "Do you remember my getting some £5 notes?"—Miss Coates said, "Yes, I remember something about it," and to the best of my recollection she said, "But I am not certain about your face "—he then said to her, "Do you remember a man offering to let me have a note?"—she said, "Yes, I do remember such a coincidence, and I was glad you did not have anything to do with it "—she is here. [MR. FRAMPTON stated that Miss Coates had been subpœnaed for the Defence, but having got that statement from Sergeant Tappenden, he did not propose to call her. The COURT held that she was a proper witness for the Prosecution.]

ALICE JESSIE COATES . I am a clerk at the Finsbury Park Post Office—

it is about fifteen minutes' walk from the Grand Parade, Harringay, across the park—I remember someone coming there and getting notes for gold in October, but I do not remember the day, nor if it was the prisoner Algernon—he asked for one more than I could supply, but I do not remember the number he required—I remember that a man stepped forward and offered him one—his words were to the effect, "Here is one "—the offer was refused, and after the man had gone I said to the man who required the note, "It is quite as well you did not take it; you do not know where they get them from "—I remember, perhaps a fortnight afterwards, the officer coming with other men, when I gave the account I have now given.

Cross-examined. The man who offered the note I scarcely looked at—he appeared to be respectable—the office is a busy one—the men did not leave together—about ten women are employed there.

Leonard Douglas Caffrey, in his defence on oath, denied ever having obstructed a letter; or that he knew anything about the cheque for £30 being stolen or cashed; or that he changed a note in the dub when giving change to Lieutenant Holbeck or anyone; or that he handed to his brother, or caused to be handed to him, a £5 note to cash, the proceeds of the stolen cheque; k stated that he was interested with his brother in the laundry business, which cost £180, £80 of which had been lent by his late employer, the rest being his savings; that there were other waiters attending the smoking room and coffee room at the club, and that the members did not always fill in the couterfoils; that it was not the practice to keep them; and that he could not account for the coincidence of the note being traced to his brother. On the suggestion of the Jury he volunteered to write twice on a sheet of paper the words "J. H. Saunders" This was compared with his writing in a letter which he had written to Tappenden about bail, and with the writing on the back of the cheque.

Algernon Gilbert Caffrey, in his defence on oath, said that he had taken a £5 note from the man he had previously seen in the Finsbury Park Post Office for the purpose of forwarding to his landlord with other notes he had obtained at the Poet Office to pay his rent; that the man was about forty-fine years of age, and looked respectable, but he had subsequently ascertained that he could get a money order for the whole amount; that he never received any such note from hut brother, and only wrote to him the letter produced and read after the visit from Tappenden. He also voluntarily wrote twice "J. H. Saunders. "

The following evidence was called by the direction of the COURT:—

HENRY JARMAN . I am smoking room waiter at the Guards' Club—I was at the club on October 10th from 1 o'clock till 2.45, but was off duty for the rest of the day till I arrived at the club the next morning—I did not the next morning change a cheque at Cox's Bank for £30—I have no knowledge of that transaction—I do not sleep on the club premises—I live at Gee's Court, Oxford Street, with my wife—the first I heard of the matter of this cheque was when inquiries were made in the secretary's room.

ARTHUR GEORGE HERMAN . I am morning room waiter at the Guards' Club—I have been there sixteen months—I sleep on the premises—on

October 10th I was on duty from 8 a.m. till 1 a.m. on the 11th—it is no part of my duty to help in the smoking room—I know nothing about the £30 cheque that was stolen on October 10th—I had nothing to do with it—I do not know anything about its being cashed the next day at the bank, nor anything about the letter addressed to Mr. Saunders—I do not answer the bell in the smoking room in place of the other waiter—supposing the bell kept ringing, very likely my own bell would be rung.

Cross-examined. The waiters are all friendly—we have assisted one another, but very seldom; we have enough to do in our own rooms.

F. C. EVANS (Re-examined). We send our own waiter every day to the bank—I have never sent Leonard Caffrey—the person who generally goes is named Aubrey—he is our official representative. [MR. FRAMPTON produced the receipt for the rent of 18, Grand Parade, dated October 13th, made out in the name of Leonard Caffrey, for £33 13s., including insurance.]

The Jury, being unable to agree, were discharged and the trial postponed until next Sessions ,

8th January 1906
Reference Numbert19060108-161
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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161. GEORGE PAYNE (50) , Feloniously receiving 60 lbs. of old lead, the property of Victor Noix, well knowing it to have been stolen.

MR. GRANTHAM and MR. FRANK MATHEW Prosecuted; MR. BURNIE Defended.

CHARLES CHAPMAN (Detective, City). On December 15th about 12.15, I went to the prisoner's shop at 67, Huggin Lane, City—I said to him, "Are you the proprietor?"—he said, "No; what is it you want?"—he is a waste paper dealer—I said, "I am a police officer; I want to see the proprietor "—he said, "He is out "—he saw me looking at a piece of anti-friction metal there, and said, "What is it you want to know: who brought that lead here?"—I said, "I may do later on "—he said, "A bloke brought it just round the corner; I will soon fetch him "—he left the shop—from what I was told I waited in the shop about four hours—the prisoner did not return—I and other officers took possession of a quantity of lead—about 60 lbs. weight has been identified, and this piece of anti-friction metal—about 8 o'clock the same evening I, with Inspector Lyon and Detective Annerton, saw the prisoner in the Bell public-house, Bush Lane—Annerton had stayed in the shop till 6 p.m., I stayed till 5—I called him outside the public-house, when Lyon said to him, "We are going to take you into custody; you will be charged with receiving a quantity of lead, well knowing it to have been stolen "—he said, "Wait a few minutes "—he was then taken to Cloak Lane police station, where he was shown thin piece of metal—Lyon said, "This piece of metal has been stolen from 49, Queen Victoria Street, and has been found in your possession; how do you account for its having been in your possession?"—he said, "I know nothing about it "—he was then shown a quantity of other lead, amongst which were these pieces produced—he produced this receipt, dated December 13th, from R. Gillver—the date below is "15-12-05 "—on the window of his shop in Huggin Lane is the name of "Francis & Co., Wholesale Waste Paper and Metal Merchants," and

that is on the business card used by him—the shop is about 150 yards from where the lead was stolen—I also found a quantity of paper in the shop which has been identified as stolen.

Cross-examined. About 30 lbs. of lead piping has not been identified—the address on this receipt is 6, Dowgate Hill, which is close to the public-house where the prisoner was arrested, and the next turning to it—I was looking at the anti-friction magnolia metal when the prisoner said, "What do you want to know?"—there was a small lot of lead there, but not this produced—I did not take any note of the conversation—there was another man in the shop at the time; there may have been two—I am positive when I told the prisoner I was a police officer that he said he was not the proprietor—the conversation did not take a minute; he was gone as soon as he had the chance—at the public-house he did not say the man from whom he got the receipt sold him the lead—when I asked him about the anti-friction metal he said he knew nothing about it.

Re-examined The prisoner did not offer to produce any receipt when I called at the shop.

WALTER MILLER . I am a foreman of Messrs. Noix, who trade as photo printers, of Queen Victoria Street—on November 27th I identified at the police station the lead piping produced as the property of my employers—I had seen it affixed to the wall of 49, Queen Victoria Street, which was a part of the premises that was under repair at the time—I know it by the joints, and by the sediments lodged in the piping, from the acid, which causes a black deposit in the joint, which I tied up with string when the piping was mended by me, and where I put a mark in at the stock end—no one had a right to remove ti from the wall where it had been placed—it does not show signs of how it has been removed, it has simply been torn down.

WILFRED DADD . I am the secretary of the Magnolia Anti-friction Metal Company of Great Britain, at 49, Queen Victoria Street—this lump of anti-friction metal is of the value of 50s.—I identify it as our property by the trade mark on the back—this is half an ingot—our premises were broken into when this metal was lying about, which it ought not to have been, but to have been under lock and key—it would have been but for a fire, when the firemen broke the cellar open—I know that we are 3 1/2 lbs. short, and this piece weighs 3 lbs.—if sold, there would have been a record in our books—I am certain this was not sold.

ALBERT HENRY STONE I am a porter, and live at 160, Corbeck Road, Camherwell, and am employed by Mr. Charles Newberry, of Angel Court, City—on December 15th, 1905, I stole some paper, and took it to 67, Hoggin Lane, where I saw Sergeant Chapman—I had left some on a previous occasion, it may have been about two or three weeks previous—I had stolen that too—when I took that parcel it was weighed by a man in the shop, and I was paid 4d. by the prisoner—he asked no question.

Cross-examined. I am quite sure I saw the prisoner—it was about three weeks before this charge—when I went on the last occasion I was taken into custody—the detective sent for a constable, and I was taken to the station—Chapman asked me questions—I was taken before the

Magistrate the next day, and the Magistrate bound me over to come up for judgment if called upon—one of the detectives told me I had better make a clean breast of it and it would be better for me—that would be on the 16th—they took me from Shepherdess Walk the next day—my address was taken—I quite understood I could be brought up for judgment at any time—after I had been bound over before the Magistrate I saw the police on one occasion before I was taken before' the Alderman—I cannot swear that this is the ream of paper I stole—it was similar—I had sold other paper to men in the shop, when the prisoner was not present—the prisoner only paid me on one occasion—I had been there before with paper.

Re-examined. On the other occasions I visited the shop the paper was stolen—when the sergeant spoke to me, the statement I made to him was true—I should not be likely to admit before the Magistrate that I had stolen paper if I had not done so.

ROBERT LYON (Detective, City) I went with other officers to the prisoner's address, and charged him with receiving this piece of antifriction metal—he made no reply then—when he was charged he said he knew nothing about it.

The prisoner, in his defence on oath, said that he had bought the business of Francis A Co. for £50 and had carried it on, and that the piping in question had been left at his place eight or nine days before the police arrived, by a man who had led him to understand that he was doing some repairs in the neighbourhood; that he weighed it, and found it was under 60 lbs., and was not sufficient for him to purchase, and that it was left there; that its value was about 8s. and not 50s., as stated by the prosecutor; that as to the ingot, he had not seen it in the shop till Lyons showed it to him; that he knew nothing about it, nor about the paper that was found in the shop, and he did not know it was there; that the lead he had bought of Mr. R. C. Gillver, of 6, Dowgate Hill, a plumber and gas engineer; that he went "round the corner" to fetch the man he had bought the metal from, and had found him at the public-house, but could not persuade him to come to the shop; and that he stopped with him till the police came, but he knew nothing about any of the property in his shop having been stolen.

GUILTY He received a good character. Eighteen month's hard labour.

8th January 1906
Reference Numbert19060108-162
VerdictNot Guilty > no evidence

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162. BERESFORD PATRICK STEWART CRICHTON LOFTUS TOTTENHAM , Having been adjudged bankrupt, obtained credit to the extent of £20 and upwards without disclosing the fact that he was an undischarged bankrupt.

MR. BODKIN Prosecuted; MR. ELLIOTT Defended.

MR. BODKIN offered no evidence


THIRD COURT.—Wednesday, January 10th, 1906. Before Mr. Common Serjeant.

8th January 1906
Reference Numbert19060108-163
VerdictNot Guilty > unknown

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163. GEORGE JOHN GREEN(35) , Feloniously wounding Mary Ann Hubbard with intent to do her grievous bodily harm.


WILFRED WATKINSON HOLTZANM . I am house surgeon at the London Hospital—the prosecutrix was brought in about 2 a.m. on December 24th, suffering from a wound just above the left wrist joint, shaped like an "L," the base of the "L" being much longer than an ordinary printed "L "—it had divided the skin, two tendons and an artery, and had injured one of the nerves—from its condition I should imagine it had been caused by a sharp, but not a very sharp, instrument—a broken piece of crockery would certainly have caused it, which conclusion I came to before hearing the foots of the case—I saw her last Saturday morning; she was an inpatient for three days, being discharged on December 27th—she is still attending daily as an out-patient—it is quite impossible to say at present whether there will be a permanent injury—if all goes well she ought to have the use of her wrist in about three weeks from the date of the accident.

Cross-examined. Some considerable violence must have been used in inflicting it—I cannot say whether it was done in a struggle or not.

Re-examined. The stain on this broken vase (Produced) resembles blood, but I cannot say definitely that it is blood; it might very well have produced the wound.

MARY ANN HUBBARD . I am the wife of john Hubbard, of 8, Lambeth Street, the same house in which the prisoner lodges—about 12.30 p.m. on December 24th I heard the prisoner and his wife coming upstairs to their room, quarrelling; they lived on the floor below me—I then heard a loud smash of crockery and children coming out screaming, "Police! Murder!"—I went down to the prisoner and found the place all tittered up with smashed crockery—the prisoner and his wife were, quarrelling—Mrs. Green took up some crockery and I went towards her to bring her out—she had nothing in her hand then—the prisoner rushed towards the chest of drawers and got something from underneath it and made a blow towards his wife, but caught me on the wrist—I said, "George, you have cut me "—he said, "Yes, and I am cut too "—I told Blackall to take me to the hospital—they took me to Leman Street police station, from where they took me on a police ambulance to the hospital—the prisoner and his wife were not sober, but the prisoner was more sober than his wife—I remained in the hospital till the 27th and I have been an out—Patient since then—I have got to go back there to-day to be kept in—I cannot use my wrist yet.

Cross-examined. You were sitting down by the side of your window when I came in—I do not know what you picked up from under the chest of drawers; it was done so quick—you had something in your hand, but I was so excited and stunned with the blow that it took my sight away.

FREDERICK BLACKHALL . I live at 9, Lambeth Street, and am a tea-packer—at 12.30 p.m. on December 24th I was in Mrs. Hubbard's house when I heard the prisoner and his wife come upstairs, quarrelling—shortly afterwards they went into their room and I heard them quarrelling again, and as if they were throwing crockery about—I then heard the children coming out screaming, "Murder "—I went down to their room with Mrs. Hubbard and tried to keep the prisoner back while Mrs. Hubbard tried to proMagistrate

Mrs. Green—the prisoner pushed me away from him and got down on his hands and knees and took a kind of handle from underneath the chest of drawers—he then got up and went to strike his wife, when he caught Mrs. Hubbard on the wrist—she said, "Oh, George, you have cut my wrist "—he said, "I am cut too "—she fell in my arms, bleeding very much—I saw no cut on the prisoner—I did not notice anything in Mrs. Green's hand when Mrs. Hubbard was trying to protect her—I was taking Mrs. Hubbard to the hospital, when she fell in my arms, and I thought the nearest place to take her would be the police station.

Cross-examined. You were sitting down when I got into the room—this is what you picked up from underneath the chest of drawers (Hammer handle produced)—I was not on the landing; I was in the room.

Re-examined. I cannot say whether this handle was in this condition when I saw it in the prisoner's hand—immediately he struck the blow I saw the cut produced and the blood.

ELLEN HUBBARD . I am the daughter of Mrs. Hubbard, and live at her house—I went with her to the prisoner's room on the early morning of December 24th—I saw a lot of smashed crockery—my mother tried to get Mrs. Green out of the room—the smashing was all done then—the prisoner was standing in the room—he walked towards the chest of drawers to pick something up, but I could not see what it was that he picked up—he went to strike his wife, but unfortunately it caught my mother on the wrist—Mrs. Green then screamed and ran out—I went upstairs to got my mother's shawl and she went to the police station.

Cross-examined. My mother was standing alongside Mrs. Green when you hit her; she was not trying to take something out of your wife's hand, she had nothing at all in her hands—your wife did not have vase in one hand and a broken plate in the other, and my mother did not try to stop her from throwing them at you—it was done too quick for me to see what you made the blow with.

FREDERICK WENSLEY (Inspector H.) About 1.30 a.m. on December 24th I went to 8, Lambeth Street, where I saw the prisoner fully dressed in bed, with the exception of his jacket—he had this stick (Hammer handle produced) by his side—it had then got blood on it, but it has been handled a great deal since, and portions of it have been rubbed off—he had Wood all along his right arm—I saw no cut on him; it was not his own blood—I saw a lot of broken crockery ware on the floor, amongst which was this piece (Produced)—I had another officer with me and I told the prisoner that we were police officers and I was going to take him into custody, for maliciously wounding May Ann Hubbard by striking her with a stick and vase that morning "—he said, "I am very sorry. I did not mean it for her. She had no right to come in my place and interfere between man and wife "—on the 25th he was charged, when he said, "I do not think I could have done it. I cannot think now what did take place "—when I arrested him he had evidently been drinking—his wife was very drunk.

Cross-examined. You had some blood on your face, but there was no cut on it—I cannot say whether your nose had been bleeding; there was no mark of violence upon you at all.

Evidence for the Defence.

ELLEN GREEN . I am the prisoner's wife—on the morning of the Sunday before Christmas me and my husband was at a sister of mine round the next street till 1.15—a niece of mine saw me to the door and give me into the custody of Mrs. Hubbard, who was at the street door—she took me upstairs—directly I got into our room I got hold of the vase to throw at my husband, when Mrs. Hubbard tried to get it out of my hand and it broke and cut her—when I saw the blood I was frightened and I took her to the station to have it dressed instead of taking her to the hospital, where she wanted to go—Blackhall followed on—the prisoner is a thorough good husband and he has got references to show that he is a hard-working man.

Cross-examined. I did not see Blackhall till I was taking Mrs. Hubbard to the police station—he was not in my room—there was a lot of broken crockery ware about; I was throwing it at my husband when Mrs. Hubbard came in—I had been drinking—I saw Mr. Wensley at the station.

ELLIN MITCHELL . I was twelve last month and am the prisoner's step-daughter—I was with my mother and father in the room when this row occurred; I went in with them—my mother started throwing the vase at My father, and Mrs. Hubbard went to take it out of her hand and it happened to touch her left wrist—Mrs. Hubbardd then went outside and wanted to go to the hospital, but my mother was frightened that she would drop on the way, so she took her to Leman Street—I did not go with them—that is all I saw—nobody said anything; it was all quiet—Mrs. Hubbard said, "Bring down my shawl. "

Cross-examined. I was not frightened when my mother and father began throwing things at one another—there were no other children in the room—I did not call out, or run out of the room—Mrs. Hubbard fetched my mother up from the street door upstairs and came into the room with her—I came in with my mother and father; they had been to my aunt's room—Blackhall was on the landing by the window, and when Mrs. Hubbard was cut he came outside the room door—he was not in the room when Mrs. Hubbard was cut—there was throwing of crockery going on before she was cut—Mrs. Hubbard's daughter came into the room after Mrs. Hubbard was cut—neither I nor my brother called out, Murder," or anything of that kind.

MARY PETTICAN (By the COURT). I live at 2, Rupert Street, which is the next turning to Lambeth Street—I remember the night when Mrs. Hubbard was cut—the prisoner and Mrs. Green left my mother's place at 12.30 a.m. and I went to the door of their house with them—Mrs. Hubbard took my aunt upstairs and I went back home—I came back after about ten minutes—Mrs. Hubbard had just come from the room with her hand cut—she asked for a shawl and my aunt took her to Leman Street police station—I did not go with them—I did not see the fighting or anything of that kind.

Evidence in Reply.

F. BLACKHALL (Recalled by the COURT). Mrs. Green did not take Mrs. Hubbard to the police station—she was not following me and she was

not at the station at all—I saw Inspector Wensley at the station—I went with the ambulance when they took Mrs. Hubbard to the hospital—Mrs. Green had not joined me.

F. WENSLEY (Recalled by the COURT). I happened to be at the status when Mrs. Hubbard was brought in by Blackhall—Mrs. Green is absolutely wrong in saying that she brought her; in fact, I question very much whether she has a very distinct recollection of what did take place; she was very drunk—I saw her some ten minutes afterwards outside the station in the road—Mrs. Hubbard was more or less in a state of unconsciousness from loss of blood when she arrived at the station, and she was taken to the hospital on an ambulance—Mrs. Green did not take her there.

The prisoner, in hit defence, said that he and his wife had had a drop of drink; that he threw nothing; that Mrs. Hubbard was endeavouring to prevent his wife from throwing a vase at him, which broke and cut her; that he never thought of hitting her, and had never had any ill-feeling towards her.


8th January 1906
Reference Numbert19060108-164
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

164. CHARLES EUGENE BESSON (35) , Forging and uttering an order for the payment of £44 12s. with intent to defraud.

MR. A. GILL and MR. GRAHAM CAMPBELL Prosecuted; MR. J. P. GRAIN Defended.

FRANCIS LAWRENCE . I am paying cashier at the London County Bank, 21, Lombard Street—Messrs. Getting & Sons have an account with us and they have specially printed cheques with their name and a crossing printed on them—all their cheques are crossed cheques, until they an specially opened by a special signed request to pay cash—I produce a certified copy of that account from July 1st, 1905, to October 31st—I know the prisoner, because he used to come and cash cheques across the counter—on August 4th he presented a cheque for £44 12s. purporting to be drawn on Messrs. Getting's account—I paid it across the counter; it would have "Pay cash" with what purported to be the initials of the drawer—I paid in eight £5 notes, Nos. 29693-700, dated February 20th, 1905, and £4 12s. in coin—this certified copy of the account records the number of that cheque as 3715, which number would in the ordinary course be copied into the pass book; some people having special cheques prefer it—the number of the cheques were also put in the ledger [MR. GRAIN admitted that this cheque, with others alleged in the indictment to have been forged by the prisoner, were not in existence, but stated that they bore genuine signatures]—this is the pass book (Produced) and against the date of August 4th there is "3715 "—on September 23rd the prisoner presented another cheque for £46 12s. 6d., No. 3816, appearing to be drawn on the same account with the payment opened—I paid that with eight £5 notes, Nos. 17301-8, dated March 27th, 1905, and cash—on October 21st he presented another cheque, No. 3867, for £42 10s. 6d., which I paid, and on October 28th another cheque, No. 3868, for £42 12s. 6d., which I paid in cash—the paid cheques are put into the pocket of the pass book and are returned when the pass book goes back.

Cross-examined. I have been seven years in my position and for a greater part of that time Messrs. Getting have had an account—I am thoroughly well acquainted with the signature of the firm; they sign "C. T. Getting & Sons," and whichever of the two partners sign it, he puts his own initial—there is a marked difference between the two signatures—with regard to each of the cheques I cashed for the prisoner, in my opinion there was no doubt that it was the genuine signature of the firm—nothing has happened since to alter my opinion; I have not seen them since—to the best of my belief they were presented quite openly about 12 a.m. and he took the money away in the ordinary way—he came about once a week to cash cheques; I used to know him and have a conversation with him—I knew him as a clerk coming from Messrs. Getting.

WALTER VICENTE CASARES GETTING . I am a merchant, carrying on business with my brother, James Getting, as "C. T. Getting & Sons," of 4, Corbet Court—the prisoner has been in our employment as bookkeeper for three years and eight months—we kept our cash book in the safe of which he had one key and I the other—it was his duty to fill up the cheques on the pay days and bring them to myself or my partner to sign, together with the statements for those cheques; he would bring the cheques in the book, not taken out—he entered the counterfoil as well—I see in my pass book on August 4th there is a debit against my firm for £44 12s. drawn by a cheque, No. 3715—we never drew that cheque nor authorised it to be drawn—I have searched for that cheque and it is missing from the returned cheques from the bank—it would be the prisoner's duty to check the bank pass book brought from the bank by one of the other clerks with the cash book, which he kept entirely, and in which there should be all payments made by the firm, including cheques drawn for the purpose of keeping the petty cash in funds—it was the practice to enter in it the number of the cheques with the amount similarly as it appears in the pass book—there was no payment to be made to him of £15 on August 3rd—the counterfoil to cheque 3715 which is filled up in his handwriting, is dated August 3rd, 1905, "Burne, Turner & Co., £1 13s. "—this is the cheque book with the cheques pasted in again (Produced)—there is a cheque of August 3rd pasted in to counterfoil, 3713; cheque 3714 is here, and 3716, but 3715 cheque is missing, but a cheque of August 3rd would come about where that gap is—there was no such amount as £1 13s. due to Burne, Turner & Co. on that date; it was paid on July 22nd, and I produce a receipt and letter from that firm saying they had received it; the cheque is No. 3676, dated July 21st, and in the prisoner's handwriting—in the cash book I see the payment of that amount to that firm by two different cheques, one No. 3676 on July 22nd, and one, No. 3715, on August 3rd—there was only one amount due—I see on August 10th a payment of £44 17s. 1d. to G. P. Kent & Son, Ltd., by cheque No. 3719—the counterfoil to the cheque says, "G. P. Kent & Sons, 5s. 1d. "—the pass book shows that 5s. 1d. was debited in regard to that cheque, 3719, on August 14th—deducting 5s. 1d. from £44 17s. 1d. leaves £44 12s., the amount of the cheque which is the subject of this charge—

in the pass book I find on September 23rd a cheque for £46 12s. 6d., No. 3816, debited—that is a missing cheque—I did not draw it nor authotise the drawing of it—on referring to the counterfoil of that cheque, which is in the prisoner's handwriting, I see it is entered up as "Edward Jones, £1 8s. "—there was an amount due to Edward Jones on that day, but it was paid by cheque No. 3802, dated September 22nd, which has since been returned by the bank with the paid cheques—the entry in the cash book with regard to cheque No. 3816 is "Discount, per bills receivable, £4 8s. 6d. "—there was such an amount due on that date, but there was no cheque drawn for it, so that the entry in the cash book that that was paid by that cheque is untrue—in the pass book on October 21st I see debited a cheque No. 3867 for £42 10s. 2d. which I did not draw nor authority to be drawn—the counterfoil is entered as £1 3s. 4d. to the Gas Light & Coke Company—there was no such amount due to that firm on that date—I see in the cash book cheque 3867 is described as a payment to George Dunlop & Co. of £2 2s. 6d.—I find that payment was actually made to that firm by cheque 3866—I find an entry on October 20th of a payment to Henry Heath, Ltd., of £42 10s. 6d.—there was no such payment made and no such amount due to that firm—again in the pass book I see a cheque No. 3868 for £42 12s. 6d. debited on October 28th, which I did not draw or authorise to be drawn—the counterfoil is "George Cockerell & Co., Account of Charges, £2 12s. "—such an amount was due to that firm plus an earlier amount, making £6 10s., which was paid by cheque on November 17th—the entry in the cash book with regard to cheque No. 3868 is "October 24th, Westcott Lawrence, Ltd., No. 3868, 15s. 3d." which sum I find was paid by cheque 3870 on October 25th—under date October 27th in the cash book there is an entry of a payment to "F. and H. Ayres," of £42 12s. 6d. by cheque 3882—there was no such amount owing to that firm, and it was not paid by that cheque—on November 14th I made a comparison of some of the counterfoils with the pass book, which I had not been doing previously, and on notice ing several discrepancies, I pointed them out to the prisoner and asked him to explain—some of them I have alluded to in my evidence, but there were others—he tried to bluff it out, saying that I must find it out—he said he could give no explanation and went home—the next day he came and gave me this letter (Read): "Dear Sirs,—I have come just to show myself and to inform you that I mean to stay here in London and face out everything. I am too unwell both in mind and body (I did not sleep all night) to do anything, and therefore I request you to let me go home again, where I shall stay for a day or two, talking a rest, unless of course you intend to take steps and measures against me, in which case kindly say so now. On the other hand, I beg you to be merciful, not for my sake, but for the sake of my poor, poor wife. I am the culprit. Will you allow me to say, and please take it seriously, that whatever may be the result, I do intend to pay every penny back if I get the chance In the meantime, after a day or two I am ready to give you every assistance in my power. Kindly let me know at once if I may go home, as my head is swimming, and I am quite unable and quite unfit to do any

work or answer any question. Yours very obediently, C. E. Besson "—I asked him what he had done with the missing cheques and he said he had destroyed them—to the best of my belief this indorsement on this £5 note, 17301, which reads, part of it having been cut away, "Besson, 79, Burgoyne Road, Harringay, North." is in his handwriting, and that is the address he has been living at.

Cross-examined. We draw cheques for nearly everything except very trifling matters, occasionally for under £1—our business is largely connected with Buenos Ayres—the prisoner speaks four or five languages—I am not a linguist, but my brother speaks Spanish—the prisoner did only part of the foreign correspondence—our business consists partly of people coming over from Buenos Ayres and other places to make their purchases in England or Europe—occasionally the prisoner would go round with those who did not speak English, to warehouses and other place—I kept the petty cash myself—practically the whole of the cashbook and the ledger is in the prisoner's writing—my signature differs considerably from my brother's—we have banked at the London & County Bank since well before 1902—the prisoner certainly did not so to the bank once a week to cash cheques over the counter; he might have occasion to go, but very seldom—the dates of the missing cheques all correspond with the place they ought to come in the cheque book—cheque 3714 is not in the cheque book,; I cannot swear who signed it; I believe I did—since we found this out we have been sticking in returned cheques, but we used to keep them in a box—there might be some missing, but not many—the prisoner might present nine or ten cheques at a time for signature, and occasionally twenty—he would produce a statement of what the cheques were for—I used to go through the accounts with him, for which the cheques had to be made out, and he used to submit this statement to me, which I checked myself—the body of cheque 3716 it filled up in the prisoner's handwriting and is made payable to the Royal Mail Steam Packet Co., for £1 10s.; it is not signed by anybody, it is a cancelled cheque—if possible, we keep even the cancelled cheques to show what has become of them—the counterfoil is filled in by the prisoner—3815 is a genuine cheque filled in by him, as is the counterfoil—it is signed by my brother—3817, dated September 28th, is signed by myself and filled up by the prisoner, as is the counterfoil—the same thing applies to 3868—I say I never signed cheque 3715, because all our cheques being crossed, I know I never opened a cheque for that amount and this cheque was and also that I never sign a cheque without looking at the counterfoil, and that cheque which was cashed for that amount does not agree with the counterfoil—the same answer applies to the forged cheques 3816, 3867 and 3868—I am quite sure J have never signed a blank cheque for any purpose whatsoever—I do not recollect having a blank cheque for £10 signed by my firm in my pocket, nor speaking to the prisoner about it, saying that I could not make my petty cash balance—I do not recollect having a blank cheque having reference to a £10 transaction signed by my firm in my pocket—I have a motor cycle—I do not remember having a blank cheque in my pocket with reference to that and speaking

to the prisoner about it—to the best of my belief I never have had a blank cheque in my pocket signed by myself or my brother—I am not prosecuting in this case—we have made a claim on the bank for the amount of the cheques in question, on the ground that the four cheques and others were forgeries—the prisoner was paid monthly—I saw him once or twice after he gave me the letter of November 14th—in a manner I went to Birch's with him after this; he told me he felt faint and I paid for some refreshment for him, as he had no money—I did not have any—he had already drawn his salary for November—he has had several loans during the time he was with me—at Christmas time I had given him I bonus—on one occasion, when £28 or £30 was standing against him, I deducted a portion as being paid in place of a bonus—I know he was given in custody by a representative of the Bankers' Association, who are the prosecutors in this case, but not at our instigation.

Re-examined. We had laid the facts that had come to our knowledge before the bank—there is nothing in the counterfoils to indicate that there was anything wrong with the cheques; they are all in order of date—cheques 3867 and 3868, according to the counterfoil, an dated October 21st; 3869 is October 25th—in each case where a cheque has been forged it has been the last of a series on that day—the box, in which we used to keep paid cheques formerly, was kept in the book-keeper's room, and the prisoner would have access to it—on November 15th he was waiting for my brother to come—he seemed in a very agitated state and said he felt faint—I had to go out, and he came with me and I gave him some refreshment at Birch's.

JAMES CHARLES GUTTING. I am a partner with my brother, Walter Getting, in the firm of C. T. Getting & Sons—I see an entry in my pass book on August 4th of £44 12s.—I did not draw that cheque not authorise it to be drawn, nor did I sign nor authorise it to be signed—I see the counter foil, 3816, of September 22nd, "Edward Jones, £18s. "—I did not sign nor authorise to be signed a cheque corresponding to that counterfoil fat £46 12s. 6d.—I see counterfoil 3867 for £1 3s. 4d.; I did not sign nor authorise to be signed the signing of the corresponding cheque of £43 10s. 6d.—I see counterfoil 3868 for £2 12s.; I did not sign nor authorise to be signed a corresponding cheque for £42 12s. 6d.

F. LAWRENCE (Further examined). The signatures on these genuine cheques (Produced) are like the specimens that we have of members of the firm—from my recollection of the four cheques presented by the prisoner, the signatures on them were similar to either of these signatures.

ALLEN WILLIAM HARE . I am the manager of the London Provincial Bank, Ltd., Harringay, at which the prisoner kept an account—I produce a certified copy of that account from January 18th, 1904, to December 12th, 1905—I see by that that he made a payment in on August 4th, 1905, of £15 in the form of three £5 notes, Nos. 29693-5, dated February 20th 1905.

RICHARD HILLS . I am a cleric in the Bank of England, and produce three £5 Bank of England notes, Nos. 29693-5, dated February 20th 1905, and a £5 note, No. 17301, dated March 27th, 1905.

WILLIAM HENRY MANNING . I am a counter clerk at the Gracechurch Street Post Office—on September 25th I issued a postal order for £119s. 9 1/2 d. including commission, which was paid for by this Bank of England note, No. 17301, bearing my initials.

ALFRED HURWORTH . I am a book-keeper in the employ of Ayres, Ltd., of Alderagate Street—C. T. Getting & Sons have an account with us—on October 27th, 1905, there was no such amount of £42 12s. 6d. due from them to us, nor did we receive such an amount.

GEORGE WHITE . I am a book-keeper in the employ of Messrs. Heath, Ltd., hat manufacturers, of Oxford Street—Messrs. C. T. Getting & Sons had an account with us—on October 20th, 1905, there was no amount of £42 10s. 6d. due to us from them, nor did we receive such an amount.

WILLIAM MILLER (Detective-Sergeant, City). About 12.20 p.m. on December 12th I went with Inspector Cox to 79, Burgoyne Road, Harringay, and saw the prisoner—I told him we were police, officers and asked if his name was Charles Eugene Besson, to which he said, "Yes "—I told him he would be charged with forgery and mentioned the four cheques in question—he said, "Yes "—I then told him we should search his rooms and he said, "Yes, I will give you every assistance "—I asked him if he had any papers relating to the firm of Messrs. Getting "—he said, "No, I may have an envelope, but that is about all "—I said, "Are there any cheques?"—he said, "No, I have burnt them "—he unlocked all his drawers and we found practically nothing to speak of—he was then conveyed to the station and charged.

Cross-examined. A gentleman representing the bank was there at the time—I told the prisoner that he would give him (the prisoner) into my custody formally on behalf of the bank.

[MR. GRAIN contended that there was no evidence of forgery, in the absence of the cheques in question. The COURT ruled that the case must go to the Jury.]

GUILTY . It was stated that the prisoner, in a statement which had not been made use of admitted defalcations to the amount of £500. Three years' penal servitude.

FOURTH COURT.—Wednesday, January 10th, 1906.

Before Lumley Smith, Esq., K.C.

8th January 1906
Reference Numbert19060108-165
VerdictNot Guilty > unknown

Related Material

165. GIOVANNI NIZZIA (23) , Unlawfully taking and causing to be taken Annetta Pezzara, an unmarried girl, aged sixteen years and nine months, out of the possession and against the will of Giacomo Pezzara, her father, he having the lawful care and charge of her, with intent that she should be unlawfully and carnally known by him.

MR. FITCH Prosecuted; MR. O'CONNOR Defended.

GIACOMO PEZZARA (Interpreted). I am a kitchen porter, living at High Street, Bloomsbury, with my wife and ten children—Annetta is my eldest daughter—she is sixteen years and nine months old—she always slept at home—she worked at a dressmaker's at 5, Marlborough Street—on December 12th she left to go to work and did not come home—the

following Sunday the prisoner came to me and said she was with him—that was the first time I had seen him—I did not then know his name—he said, "The girl is with me and if you are content for me to do to, I will marry her "—I told him to bring the girl home and I would see if I could adjust the matter—I told him not to bring her later than 6 o'clock, otherwise it might be too late—he replied, "I will try to come back as soon as I can "—he left no address—I did not ask him for it—I asked other people, but could not then find out—I found it out the same evening—my daughter did not come back—I went the same evening to the police and with their help found my daughter on the 18th at 3, Ponsard Street, Willesden, in a furnished room.

Cross-examined. At the Police Court I was asked if I should like to see the prisoner convicted and I said, "No "—I did not tell the Magistrate that I was anxious that my daughter should marry the prisoner when she was eighteen years old—I told the lawyer there that I should be content that he should pay 15s. a week until she attained the age of eighteen—they could then get married—the prisoner did not say he was willing to agree to that—he spoke to his lawyer, but I did not understand the answer—my daughter left my house against my will—as to whether I eloped with my wife, that is a thing I will keep to myself.

ALESSANDRO PEZZARA . I am the last witness's son and am a tailor—I live at home with my parents and the family—on December 12th last I left home about 3.30 p.m.—Annetta was then at home—when I got back she had gone—I did not know she was going away—there was no reason at home for her doing so.

Cross-examined. Several members of the family are anxious for my sister to marry the prisoner—I am myself; also friends—all of us except my father are of that opinion.

By the COURT. I have not seen my sister and the prisoner together.

Re-examined. I never saw the prisoner before December 12th.

EMILY YOUNG . I am the wife of Thompson Young, of 3, Ponsard Street, Willesden—on December 11th last the prisoner came to me and said he wanted a furnished room for himself and his wife—he looked at a room of mine and paid me a week's rent in advance—on December 12th, at 5.15, he came with his wife—they stayed with me until the 18th—they only had one furnished bedroom on the ground floor—on the 18th the police arrived.

ANNETTA PEZZARA . I am the first witness's daughter—on December 12th last I left home—up to that time I had been living with my parents—before that I had known the prisoner for nine months—I met him in Shaftesbury Avenue in the course of going about my work—I worked at home with my parents in a laundry—I became friendly with the prisoner and went about constantly with him—I knew where he lived—I never told my father and mother about him—I said nothing at all, because my father said, "I do not want you to love anybody," because I was too young—I loved the prisoner straight off—I am very much in love with him—on December 8th I had been out with him—I got home rather late and had some trouble with my mother—she remonstrated with me—I told my

mother nothing as to whom I had been with—I wrote the prisoner two letters and received an answer from him to one—I wrote in Italian and got an answer in Italian—I think this letter (Produced) is the prisoner's writing, but I have not seen it before—in neither of my letters did I ask him to take me away—on December 12th I left home at 4 o'clock—I said nothing to the family about going—I was cross and wanted to go out—I did it all by myself—I lived with the prisoner from the 12th to the 18th, at 3, Ponsard Street—I did not tell my people I was there—they came and took me away on the 18th.

Cross-examined. I love the prisoner as much as ever—I wish to marry him—I believe he loves me—I met him on Sunday, December 10th—I told him I wished to go away with him—we talked about it for some time and he then said I ought to get my father's consent—he told me to tell my parents that I loved him and that I had made up my mind to marry him—I said I was afraid to tell my father, because, they would not let me come out again if I did—I said if he would not take me I would run away altogether—I then suggested I would meet him on the following Tuesday—he again begged of me not to come away unless my father consented—this all took place on the Sunday—I met the prisoner on Tuesday, December 12th, in High Street, Bloomsbury—when I met him, the first question he put to me was, had my father consented?—I said I was afraid to tell my father, as I was top-young—he then said as I had not told my father I had better go back—I said I had left my father's house and would go back afterwards—he then walked away from me, saying "As your father does not consent, you had better not come with me "—I then commenced weeping and followed him some distance along the street—I again said to him, "If you don't take me I will not go home today "—it was my wish to go with him and get my father's consent afterwards—the prisoner did go to my father's house on the 17th—he asked me to go—I said I was afraid to go back, as they would keep me at home—we came to an understanding together to go away—he said if my father would consent, he would like to marry me at once—he asked me to go with him to my father's and get his consent to our marriage—my parents never thought of my marrying anyone.

Re-examined. The reason he did not ask my father during the nine months I had known him was that he was frightened to, as my father said he would allow me to have no young man—I never asked my father's consent.

By the COURT. The prisoner said he was working at motor-works—he told me he earned 11d. an hour; about £2 10s. to £3 a week—he told me before I went with him that he had taken a room for himself and wife.

LELLO ZEITUN . I live at 226, Goldhawk Road, Shepherd's Bush, and am an interpreter—on December 18th last I went to Bow Street police station and read over to the prisoner the charges against him—I do not quite remember what he said—I know he said he could not help it; the girl wanted to go away with him—I do not remember anything else—these letters are translated by me—they are accurate.

Cross-examined. I am not sure that the Magistrate directed the officer in

the case to ascertain if the girl's father was willing for the marriage to take place—I know he told him to ascertain the prisoner's position and what sort of a man he was—I heard a verbal agreement made in Court, to which the girl assented, and I translated it to the father—the father replied that he was willing to give his consent on condition that the prisoner allowed him 15s. per week for a period of eighteen months, and after that he was willing to give her as his wife—those facts were put before the Magistrate.

SIDNEY WYBORN (Detective-Sergeant E.) On December 18th I arrested the prisoner—the warrant was read to him by an interpreter—I then went to 3, Ponsard Street, and saw the girl—she was taken home—I searched the prisoner at the station and found on him three letters—I produce the girl's certificate of birth—the date is April 13th, 1889.

Cross-examined. From inquiries made, I have ascertained that the prisoner is a most respectable man—he is an Italian and has been in this country about ten months—he is employed at motor works and is capable of earning 11d. an hour; his average weekly earnings have been about £2 10s.—he has been in custody since his arrest—he has been for the ten months in one employment—he had been in respectable employment in Paris in similar work—his employers here will take him back if this case ends satisfactorily—[MR. FITCH proposed to put in evidence a letter written by the prisoner and found in his possession, but not sent by him. MR. O'CONNOR objected on the ground that it was not signed, was never sent, was never shown to the girl, and could not have been an enticement to her to leave her father's house. The COURT said it was admissible as showing the prisoner's intention and his state of mind, and that it threw light on the matter]: "I am yours. You cannot understand the sorrow I felt in reading your letter, and hearing the way you are so treated by your parents, and all this for loving your Nuccio, who does love you with sincere love, and is willing to give his life for you to-morrow. When will be that happy day when you will be happy? To-morrow or day after? I am always ready in all your wishes, and remember that. Oh! my dear Annetta, therefore leave and come with me and you will see that everything goes all right and you will be happy and joyful rear your Nuccio, who knows how to console you. Therefore come with the one who loves you. Leave those places where there is only nagging and jealousy and only peasants. Listen to your Nuccio; we live like two swallows and we live one for another only and to love one another. Have courage, my Nettuccia; your young man loves you always, and think of you every second, and I wish I was by your side day and night, to tell you sweet words and see you happy. I have a lot to tell you. Oh, my darting, my brain is perturbed that I cannot write any more. Excuse me, my Annetta, for my bad writing; receive one kiss in your little mouth from me that I love you. Nuccio. Perhaps I will come to-night to Pasquale, and if not—"

MR. O'CONNOR submitted that there was no evidence of taking away girl and cited Reg. v. Henkers (16 Cox), and also Rex v. Mace (Stone's Manual). The COURT ruled that the case must go to the Jury.


8th January 1906
Reference Numbert19060108-166
VerdictNot Guilty > unknown

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166. JOHN APPLEBY (30) , Stealing a camera and case and photographic lens, belonging to Paul Carl Goerz.

MR. PETER GRAIN Prosecuted.

RICHARD GREEN . I am a photographic dealer, trading as the City Sale & Exchange, 81, Aldersgate Street, City—in November, 1904, I had and still have in my employ a boy named Albert Wilson—in November, 1904, I ordered a camera from Messrs. Goerz, Holborn Circus—Wilson was sent for it—he came back without it—I had not at that time ordered another camera and photographic lens—I have been shown one by the police since.

ROBERT EDWARD PEELING . I am employed by Messrs. Goerz at Holborn Circus—on November 3rd, 1904, we had an order for a camera for Mr. Green—during the morning we had an order through the telephone for another camera and lens—I do not know whether they were delivered, as I had nothing to do with that—I do not know the camera that was delivered—this is one of our cameras—there is 142245 on the lens—these are our property.

Cross-examined by the prisoner. This camera has not been altered so far as I can see from a casual examination—it is the same as when it left our premises, except that it is soiled.

ALBERT WILSON . I am employed by Mr. Green as a messenger boy at 81, Aldersgate Street, and was sq employed in November, 1904—on November 3rd, 1904, I was sent by my employers to Messrs. Goerz, Holborn Circus, with orders to bring back a camera—when I got there a panel was handed to me which I proceeded to take back—when I got to Charterhouse Street I saw the prisoner—he said to me, "I have come from your shop, I am a customer of yours and they want you to give me the camera "—I handed it to him—he asked me to go back to Goerz's for two other cameras that I ought to have brought at the same time—I went there and found they knew nothing about it—I then went back to my master and told what had happened.

Cross-examined. I am sure you are the man who accosted me and took the parcel from me—at the Police Court I was asked to point out the man—there were two in the dock—I went past you at first and picked out the other man (Bevan) as the one; that was because you had not your glasses on—when they put your glasses on you I recognized you—Bevan had not glasses on—when you accosted me you had a grey overcoat on—I could not say for certain whether light or dark, but I think it was dark—you had the ordinary glasses on, not those that fasten round the back of the ears.

By the COURT. I had never seen the prisoner before—he was quite a stranger.

CHARLES FRENCHAM (Detective, City). On December 7th I received instructions to keep observation in Wentmore Terrace, London Fields—about 1.40 I saw the prisoner and Bevan leave a house—I followed them through several streets—I arrested them and took them to the station—I found on Appleby a pair of pince-nez glasses, also a cigar holder and a key—on Bevan was found a photographic lens.

Cross-examined. I say they are folding glasses (They were produced and found to be pull-out glasses).

JESSE CROUCH (Detective-Inspector, City). On December 7th last I saw the prisoner and Bevan in custody at the Minories police station—after they were charged I told the prisoner that I was a police officer and, "There may be a further charge preferred against you respecting other charges. I shall go to your address and anything that I bring away I will show you "—in company with Frencham and Walton I went to their addresses—at the prisoner's address I found a trunk containing eight cameras and other photographic apparatuses and other things—I asked the prisoner how he accounted for them—he said that he bought them at sale rooms—I said, "What sale rooms?"—he said, "Stevens' "—I said, "Did you buy them under the hammer?"—he said, "No, I bought them in the room of! a man "—I asked him, "What man?"—he said he did not know—this is one of the cameras and lenses—this lens is identified as Goerz's.

Cross-examined. The property found in your trunk were all new goods except where you had made erasures—there are two numbers on this lens which are partly obliterated, which are stock marks—I have not been able to trace this anywhere—I cannot trace a stock mark here—I should in the ordinary course expect to find a stock mark—there have been other attempts to get goods by telephone message, but they have been since you have been in custody—that has been about jewellery—it is on the same principle as in this case.

By the COURT. It has not been by the stopping of boys.

ROBERT EDWARD PEELING (Recalled). This lens, No. 132020, is one of ours—that number is the stock mark—nothing whatever has been erased.

The prisoner, in his defence, stated that he was a photographic dealer and was in the habit of attending Stevens' sale room; that the goods found in his possession were all secondhand, which he bought off a man in the room; that if they had been stolen he should not have kept them all this time; and that he was innocent of the charge.


8th January 1906
Reference Numbert19060108-167
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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167. ADOLPH SCHMIDT (30), MARTIN DOTZAUER (29), and CHARLES WELLER (26) , Stealing and receiving a bicycle belonging to Ernest Amos Easter.


MR. KENRICK Prosecuted; MR. WATT Defended Schmidt.

ERNEST AMOS EASTER . I live at 149, Railway Cottages, Willesden. and am a booking clerk to the railway company—on December 18th I had a bicycle worth £6 10s.—about midday on that day I left it outside a shop in High Road, Kilburn—I went into the shop and came out about three minutes after, when I found it missing—I next saw it at Judd Street police station.

Cross-examined. I have had the bicycle since 1901—it was a fifteen-guinea one.

MAX ZIEMEN . I live at 7. East Street, King's Cross, and am a furniture dealer—on December 18th last Schmidt came to my shop and offered

me a bicycle for sale—he had not it with him—I said, "I cannot buy a bicycle without seeing it "—he went to fetch it—I sent some one to watch him—the prisoner came back with the machine and said he wanted £1 for it—I said, "All right; I bought a machine last week and I cannot do with another one, but I have a friend who will be here this evening "—he said, "Well, I am hard up; I have no money, I really want some money "—I said, "Very well, I will give you 2s. deposit, and if you will call between 7 and 8 this evening I will have seen my friend and see what he wants to pay "—when he went away my brother followed him—the prisoner had said the machine belonged to him.

Cross-examined. I have never seen Schmidt before, nor the other prisoners—I sell bicycles if I can buy them—secondhand bicycles do not fetch very much nowadays.

Re-examined. My brother is not here.

THOMAS DAVIS (Detective-Sergeant E.) On December 18th last I called at 7, East Street, King's Cross—I saw two bicycles there—Schmidt came in—the last witness said, "This is the man that is selling this machine "—I said to Schmidt, "How much do you want for it?"—I think he said £1—I asked him if it was his—he said, "Yes "—then I asked him the gear and put various questions to him concerning the construction of the machine—I found he was entirely ignorant of it—then I said I was a police officer and was not satisfied with his account of the machine—he said it was his, but he could not describe it—then he said, "It is not mine; it belongs to a friend of mine who has asked me to sell it "—I asked him the name and address of his friend—he did not know, but he was going to meet him at Charlotte Street, Fitzroy Square, that evening with the money—I took him to the station—the machine was afterwards identified by Mr. Easter—I arrested the other prisoners at 8, Liverpool Street.

Cross-examined. Schmidt did not tell me at once that the bicycle was his friend's—he told me he had been staying for two nights at 8, Liverpool Street—I have made inquiries about him—he has never been charged before—I know nothing against him.

Re-examined. Detective Gerrard was with me when Schmidt was arrested—he would not be able to add to my evidence.

By MR. WATT. I was present at the Police Court when Weller was asked if he had anything to say—he said he had stolen the bicycle, but that Schmidt knew nothing whatever about the matter.

Schmidt, in his defence on oath, said that he had been in this country four years, and had been in respectable employment; that at the time he was out of employment; that he met Weller, who asked him to sell the bicycle, which he did, not knowing it was stolen.

Evidence for the Defence.

CHARLES WELLER (The prisoner). I have pleaded guilty to stealing this bicycle—Schmidt knew nothing about it—I told him to sell it for me and to say it was his own—I have been in prison since that time and have had no opportunity of talking to him.

Cross-examined. I had stolen another bicycle which I plead guilty to, in Baker Street—Schmidt lodged with me for a night—I had not the bicycle then.

MARTIN DOTZAUER (The prisoner). I saw Schmidt for the first time at the police station after my arrest.

Cross-examined. I stole one of the bicycles charged here and took it to 8, Liverpool Street—as soon as I got it there I was arrested.


NOT GUILTY . (See next case.)

8th January 1906
Reference Numbert19060108-168
VerdictGuilty > pleaded guilty; Not Guilty > no evidence
SentenceImprisonment > hard labour

Related Material

168. ADOLPH SCHMIDT, MARTIN DOTZAUER , and CHARLES WELLER were again indicted for stealing and receiving two bicycles belonging to Leonard Colsey and Silvester Williams.


MR. KENRICK, for the Prosecution, offered no evidence against SCHMIDT.


DOTZAUER then PLEADED GUILTY to a conviction for conspiring to defraud, at this Court on December 12th, 1904, and WELLER to a conviction of felony at the North London Sessions on May 26th, 1903. One other conviction was proved against him and the police gave him a bad character as a receiver of stolen bicycles and as living on the earnings of prostitutes.

Eighteen months' hard labour each.

OLD COURT.—Tuesday, Wednesday, and Thursday, January 9th, 10th, and 11th, 1906.

Before Mr. Justice Grantham.

8th January 1906
Reference Numbert19060108-169
VerdictNot Guilty > unknown

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169. THOMAS CARADOC KERRY (45) , Having been entrusted with certain property for safe custody or for certain purposes, did unlawfully and fraudulently convert the same to his own use and benefit Other Counts. For unlawfully and maliciously damaging certain of that property to an amount exceeding £5.

MR. C. F. GILL, K.C., MR. R. D. MUIR and MR. BODKIN Prosecuted;


HUGH BERTRAM COX . I am Assistant Under-Secretary of State for the Colonies and produce this licence, dated April 20th, 1904, which was granted to the prisoner on that date—before it was granted he had applied for a lease on the island of Tristan d'Acunha through the Crown Agent for the Colonies—he gave his bankers as a reference; I think it was a branch of Lloyd's Bank and also Mr. McSweeney—the references were considered sufficient and the licence granted—this letter, dated September 16th, 1904, was received, written from the Royal Colonial Institute (Read): "Royal Colonial Institute, Northumberland Avenue, London, W.C., September 16th. Dear Sir,—I am writing to give notice of the fact that I am starting in my auxiliary steam yacht, Pandora about the middle of November for the Tristan d'Acunha islands. If there are any stores such as clothing, provisions, etc., for the inhabitants of the island I shall be pleased to take them out with me and convey them to the inhabitants. Hoping you will oblige me with an early acknowledgment

of this letter, Believe me, Yours truly, T. C. Kerry "—that was replied to by a letter of September 24th (Read): "Downing Street, September 24th 1904. Sir,—I am directed by Mr. Secretary Lyttelton to acknowledge the receipt of your letter of the 16th instant, announcing the intended departure of your auxiliary steam yacht Pandora for the Tristan d'Acunha islands about the middle of November. I am to state that the Post Office will be informed accordingly, and an advertisement inserted in the press in order to enable persons interested in the island to take advantage of the opportunity of transmitting, any presents which they may desire to send to the inhabitants. Before taking any steps in this direction, however, Mr. Lytcelton would be glad to know the full address to which parcels and mails designed for shipment in the Pandora should be sent and the dates within which it would be convenient for you to receive them. I am, etc., F. Graham "—that was replied to by a letter of September 34th from the Colonial Institute (Read): "Royal Colonial Institute, Northumberland Avenue, London, W.C, September 26th. In answer to your letter of the 24th inst., it would be convenient to me to receive all parcels and mails between the dates October 3rd and November 10th sent to the following address: J. Russey Freke, Esq., Auxiliary Yacht Pandora, lying at Greenhithe, Kent. Might I be allowed to suggest that a short paragraph be inserted in three or four of the leading papers besides the advertisement announcing the fact of the departure of a ship for the Tristan d'Acunha Island; in order to attract the attention of people who do not look through the advertisements and who would be glad of the opportunity of sending out useful presents to the islanders? Believe me, Sir, Yours faithfully, T. C. Kerry "—then there was a letter of October 7th from the Royal Colonial Institute (Read): "Royal Colonial Institute, Northumberland Avenue, London, W.C., October 7th. Dear Sir,—I acknowledge the receipt of your letter of October 3rd, and I shall have much pleasure in handing the enclosed memorandum to the inhabitants of the island on my arrival. I hope you received the letter I wrote you on September 16th, as I have seen no advertisement in the papers. I am afraid there will be barely time now for the African mail to be sent to England. Believe me, Yours truly, T. C. Kerry "—the memorandum mentioned there is with regard to a schoolmaster—we had had a communication from one of the officials at the Cape, that the islanders at Tristan would be willing to receive a schoolmaster and we took advantage of Mr. Kerry going out to the island to send a communication to the head man—Exhibit 7 is an advertisement which was sent to the "Times" and appeared on October 18th, 1904, setting out that Mr. Kerry was proceeding to Tristan d'Acunha (Read): "Tristan d'Acunha. We have received the following from the Colonial Office:—"Mr. T. C. Kerry, auxiliary steam yacht Pandora, sailing from Greenhithe, Kent, in November, will call at the island of Tristan d'Acunha and convey mails and small parcels for the inhabitants of the island. Letters and parcels should be posted so as to reach the General Post Office, London, early on November 9th. No charge is made for sea carriage of letters

and parcels sent by the Pandora and only the inland postage to Greenhithe need be paid. Parcels sent by post must conform to the island regulations as regards size and weight. Parcels sent otherwise than by post must be fully prepaid to Greenhithe. Such packages must not exceed 100 lbs. in weight and should be of such size and shape as to admit of their being landed easily in a small boat. They should be addressed to "J. Hussey Freke, Esq., Auxiliary Yacht Pandora, lying at Greenhithe, Kent," and should be accompanied by instructions for their disposal. It is believed that the gifts which will be most acceptable to the inhabitants are tea, flour, clothing, and sea-fishing tackle "—the next communication that the Colonial Office had from Mr. Kerry was his letter of July 31st, 1905. (Read): "Royal Colonial Institute, Northumberland Avenue, London. W.C, July 31st. Sir,—I have the honour to report that I left England in my exploring vessel Pandora for the island of Tristan d'Acunha on December 18th, 1904, and arrived off that island on the morning of February 19th, 1905. The weather being fine and the sea calm, I was able to lay a quarter of a mile off the shore in comfort. Immediately on our arrival some of the islanders put off in their boats and came on board. I then proceeded to land the mails, presents and provisions, which were very numerous and most acceptable to the islanders, who seemed to be badly in need. I also landed the Admiralty presents, namely, a black ball, telescope and code flags. I then proceeded ashore in the whale boat and, having gathered together all the men and women of the island, explained clearly to them that I was commissioned by Mr. Secretary Lyttelton to ascertain from them how much they would be willing to raise among themselves every year for the salary for a schoolmaster for the island. Also if they would be willing in addition to the salary to build a house for the schoolmaster and to provide a milk cow for his use. I also pointed out that His Majesty's Government might make some addition to the amount so raised, but if the islanders wished to have a schoolmaster on the island they must pay as much as they can afford toward his salary. Having carefully discussed and considered the matter, they requested me to give the following answer to Mr. Secretary Lyttelton: That they regretted they were unable to pay anything towards the salary for a schoolmaster for the island, as they had no money and no means of procuring any, but they would willingly provide a house and such products as were obtainable on the island. I found the islanders intelligent and hospitable, and the children were clean and well clad, and seemed to be well looked after The men are handy, but not of striking physique. The women, on the other hand, are well developed and tall, and seem to be rather more intelligent than the men; the health throughout was excellent. The population numbers seventy-seven, no births or deaths having taken place since the visit of the last man-of-war. No headman is recognised on the island and I discovered that petty quarrels are of frequent occurrence, but the islanders are particularly careful to prevent strangers from finding this out. The island is very fertile and well watered, and there are large quantities of good cattle and sheep scattered about. Having had it brought to my notice that rats exist in large quantities, during the

three days I was on the island I took particular notice, but failed to see a single rat or traces of any. During our stay at the island we discovered splendid anchorage in several places. We were unfortunate in losing one of the ship's party during our stay at the island. A youth named Reginald Macan went out shooting on the island with another member belonging to the expedition and crossed a dangerous gully against which he had been especially warned by the islanders. His friend, who had also been warned, refused to go across with him and sat down to await his return. Having waited for some time and receiving no answer to his shouts, he returned to the settlement to give the alarm. A search party was immediately organised, but owing to darkness coming on were only able to make a short search. Another search party, composed of the whole male population of the island, started out at daybreak. They returned at noon with the news that they had traced the missing youth back to the gully where all further traces disappeared and they were unanimous in their opinion that he kid been killed either by a fall from the cliff or by drowning. The next day another search party went out from the ship, accompanied by the islanders as guides, and on arrival at the gully discovered the body. It had been washed up on the beach and was in a terrible condition, the neck, back, both legs and one arm being broken. As the body was in no way swollen it is surmised death was caused either by a fall from the cliffs or by the body being dashed by the sea against the rocks. The body was conveyed down to the settlement in an ox waggon. We gave him the best funeral possible under the circumstances. My carpenter made a coffin out of the mail boxes, being the only timber obtainable, and the body was buried in the island cemetery, and a wooden cross was erected over the grave. The scene was most impressive. All the islanders attended, some bringing flowers, and all seemed much upset that such a catastrophe should have occurred on the island. Their conduct in the matter was most praiseworthy and they took endless trouble in trying to find the body. The next day I sailed to Inaccessible and Nightingale Islands. Of these islands we met with a serious accident to our rudder, which made it quite impossible for the ship to stay any longer, as the lives of the crew would have been endangered, and the ship, being out of control, might at any moment have gone ashore. The rudder head was badly twisted, which made it quite impossible to steer the ship. Under the circumstances I was unable to carry out the whole of my work as I should like to have done. We then sailed from Nightingale Island to Tristan d'Acunha, where I lay oft from 4 o'clock in the morning to 5 o'clock in the evening in order to give the islanders plenty of time to send their mails and presents to their friends and relations in Cape Colony. We then sailed for Cape Town, and, having repaired the rudder, sailed for England. Unfortunately, having met with contrary winds and having ran out of coal, our passage home was considerably lengthened, and we arrived in England July 27th. I have, Sir, the honour to remain, Your obedient servant, T. C. Kerry. The Colonial Secretary, Colonial Office, London "—we had a letter from Mr. Repello, who it one of the principal inhabitants of the island, and in consequence of that, a letter

dated August 5th, 1905, was sent to Mr. Kerry (Read): "Downing Street, August 6th, 1905. Sir,—I am directed by Mr. Secretary Lyttelton to acknowledge the receipt of, and to thank you for, your letter of the 31st of July reporting on your recent visit to Tristan d'Acunha. 2. I am to transmit to you a copy of a letter from Mr. A. Repello on behalf of the inhabitants of that island representing that their stock of signaling flags is deficient. Mr. Lyttelton presumes that this deficiency was made good by the flags which were landed by you, but he would be glad to receive your observations on this point "—Repello's letter was very illiterate—on August 30th Mr. Kerry called to see me with his private secretary, Mr. Burl ton—at that time I had received some communication from Mr. Stone and Mr. Balfour and I had caused statements to be taken from a number of the members of the crew, and I was then considering with others what steps would be taken, if any, in the matter—that was before Mr. Kerry had called—when he called on that day I saw him—Mr. Grindle, who is in the South African-Department, and deals with Tristan, And Mr. Risley were present—Mr. Kerry first alluded to the Admirally flags and said he did not understand how it was all were not there, as he had delivered all that had been given to him—I was at that time not very familiar with the question of Admiralty flags, and I said it was not a matter I knew much about, but we should probably have to ask the Admiralty about it, because the flags had been sent by them—he then went on to complain of the size of the parcels and said they were very large and cumbersome, and he had to break bulk to store them—I asked him if he had not a hold on the Pandora, and he said he had no bold, as the Pandora was a yacht, and some of the things he had been obliged to stow down below and some in the chain locker, and then went on to complain of the amount of things that were sent, and said we had no suspicion what rubbish people had sent, as there were old clothes and old books and newspapers and perfectly worthless and useless article; that he had had to sort them out and throw some of them overboard; that they were old newspapers, full of bugs and fleas, and that he had had to make a selection—I told him that it was not for him to decide what he would deliver and what he would not—he repeated his argument and I told him the same thing again—I did not tell him that he was to carry them all, bugs and fleas, and everything else—the licence says that if he is in doubt about what he is to carry and not to carry, he can refer it to the Secretary of State about the size—he seemed to me to be assuming that he had a discretion as to what he should deliver to the island and what he should not—he said he had delivered the food and all the ordinary things—before he went out of the room he repeated his statement that the only things that he had thrown overboard were those which were absolutely useless, and I said that I clearly understood that that was what he meant—he left the room, and in a moment or two came back and said he hoped that he had made it clear that all he had thrown overboard was absolutely worthless, and then said that somebody had delivered to him a box to deliver to Pitcairn, and I said as Pitcairn was the other side of the world he could not deliver a box there when he was

delivering things to Tristan, and that there would be ho trouble about that—after that interview I got a letter dated the same day (Reaa): "Royal Colonial Institute, Northumberland Avenue, London, W.C., August 30th. Sir,—In answer to your letter of the 5th of August I beg to confirm the statement made to-day at the Colonial Office (which, owing to my absence from town, I have not been able to give before) that the inhabitants have received the flags which you sent out, and these, I presume, have made good the deficiency. With regard to the further conversation I had to-day, I would venture to advise that in future all consignments should be made up in small parcels or boxes under the supervision of some official from your office, as some things sent in the way of papers and journals were in such a dirty condition that I was forced on unitary grounds, firstly, to place them in the chain locker amongst the cable, and some weeks afterwards at much inconvenience and trouble to sort out those which were eaten up by insects and absolutely dirty, the remainder (fairly clean) being duly delivered by me to the islanders. Yours obediently, T. C. Kerry "—during that interview Mr. Grindle made notes of what passed, and he afterwards copied them out—I had no knowledge of what was sent out—I do not know if half a dozen cheap razors would be useful to the islanders; I cannot say if they shave—before these means of communication by means of the licensee with the island communication was kept up by a chance passing ship and by the admiral at Cape Town, when he could spare one, dispatching one of His Majesty's ships, but he, of course, had not always one to spare, or thought he had not—if you were to draw a straight line on the map between Monte Video and Cape Town, about half-way or a little nearer Cape Colony and almost due south of 8t. Helena, you, would find Tristan d'Acunha—it is not in a position where many passing ships would touch, and we are not able to communicate with it as much as we should wish—I do not think the inhabitants are descendants of the guard at St. Helena at the time of Napoleon the First—the island was annexed in 1816, and from 1812 to 1816 cruisers seem to have used it to snatch up vessels coming from the Cape and in 1816 the British Government thought it best to annex the island, and they sent out a man-of-war, and some of the seamen remained—I think some of the people on it now are descendants of some shipwrecked sailors—I think the women came from the Cape, bat I am not certain about it—they are all British now, but some fire of Swedish descent and a mixed people—all the communications I have seen are not in very good English.

Cross-examined. I have not been to the islands—I should think the population is between 100 or 120 from the latest report that I have seen—I do not know who the head man of the island is—I think the last two or three times we have heard from the island we have heard from Repello—I have seen his writing and know it—when Mr. Kerry came and complained about what he called rubbish he seemed to be aggrieved, but he was quite polite about it—he did not strike me as being emphatic; he seemed to think there was cause to complain—I regarded it as a complaint by him that he had had things sent to him which ought not to

have been sent, and he rejected them, although I did not agree with the method of rejection—I said at the Police Court that assuming that part of the consignment were verminous or in such a condition as to injure the health of the crew, he was right to throw that overboard, and that seems to be reasonable—as far as I know, he did not ask for any payment in respect to any parcels submitted to him—I do not think it occurred to the office as to the number of books which would be sent out—in these licences we have always made it a condition that the island must be communicated with, our main object being to get the islanders things which they cannot get themselves—in the licence it says that the parcels must be small, but I do not think I ever reflected on the question as to their quantity or quality—Mr. Kerry knew before he started what he had got, and if he had communicated with us we should have done what we could to help him, either by communicating with the people who were sending, or hearing what he had got to say—if the parcels which were delivered were too large to go down the hatchway I should say, "Stow them on the deck "—the main object was to get them to the islanders—at my interview with Mr. Kerry he did not tell me of a bag with some things which he had not delivered at Tristan—I should say the interview lasted fifteen or twenty minutes—that day I do not think I saw anybody else, but I do see a great many people—I do not remember his saying that a few things had not been landed, but I remember him mentioning the box for Pitcairn, because it struck me as foolish for anyone to send a hot for Pitcairn to a person going to Tristan—he said that in future an official from the Colonial Office should arrange and sort the parcels delivered—he said, "It has given me so much trouble that next time I go to Tristan the Colonial Office or the post office must sort them out "—I do not know if we had appointed an official whether he would have made a list of things delivered—I do not think we should have felt ourselves called spot to label every parcel going out—I did not tell Mr. Kerry that I had interviews with the sailors or anybody else—I did not question him at all; I listened to what he had to say, and if he had said anything to me prejudicial to his case I should have cautioned him, but he did not do any thing of the kind—I heard from his own lips that he had thrown things overboard, whether he did it rightly or wrongly—he did not explain to me that his secretary, Mr. Burlton, had written a number of general letters, thanking people who had contributed the various parcels, and Mr. Burlton was there at the time—I have not personally compared a letter written to the Duchess of Bedford with letters written he Mr. Kerry—all the letters I have seen purport to be signed by "T. C. Kerry, and not "Per pro" or anything of that sort—these letters were received by the Colonial Office and purport to come from Repello—this death certificate purports to be signed by Repello, and I should think the two signature are in the same writing, but I do not pose as an expert in handwriting—this other letter appears to be written by the same person, but it is not so well written, and the signature in this other letter seems to be the same writing.

Re-examined, In the announcement in the press it was stated that

the packages were not to exceed 100 lbs.—when Mr. Kerry came to the Colonial Office I had seen Mr. Stone before and had an interview as well as with some of the crew—I had a communication from Mr. Balfour, and in consequence of those conditions I asked Mr. Kerry no question, but he had a full opportunity of making any statement he pleased—he made no statement as to any property still in his possession or as regards Mr. Morrish's tools or with regard to the Duchess of Bedford's books.

By MR. ELLIOTT. I have here a letter of June 4th, 1905, beginning, "Dear Friend," and one of February 26th, 1905, and I should say that the signatures of these two are in the same writing, but hot the body.

By the COURT. I understand the Pandora is 400 tons, but I do not know what space that would give you.

GILBERT EDMUND AUGUSTIN GRINDLE . I am a first-class clerk at the Colonial Office, and I was present by Mr. Cox's desire on April 30th at the interview which took place between Mr. Kerry and Mr. Cox—I made notes of what was said by Mr. Kerry and afterwards from them made a memorandum of the interview—this (Produced) is the original—Mr. Kerry dealt with the question of the flags, about which we had written to him, and he offered an explanation which was not quite intelligible, but Mr. Cox did not pursue the matter; then Mr. Kerry said he wished to ask if another time the packages for the island might be sent by post to the yacht, as they were often of an inconvenient size and the contents were absolutely worthless—he said he had to break open the packages to pack them away, as the Pandora was a yacht and the packages would not go through the doors; he thought it would be better if the packages were received by an official of the Colonial Office and the goods put in smaller packages—he said we could have no idea of the rubbish which was sent, old newspapers, and that they were not worth the wood they were packed in—he laid he had thrown over some packages of old journals full of bugs and fleas; that he had sorted out the box and threw the filthy ones overboard and kept and delivered the ones which were of any use—he complained that the Pandora was then full of bugs forward, and some articles had to be stowed among the chains—Mr. Cox said it was not for Mr. Kerry to judge what was of use and what not, and Mr. Kerry again insisted upon the rubbishy nature of several of the goods—he mentioned that the islanders did not want newspapers, as many of them could not read—he said distinctly that there were some good presents of tea, coffee and cocoa and one or two useful things, and these were all delivered—I do not see why he should not have then said anything he liked, but he said nothing whatever as to having property still in his possession—he made a statement with regard to some books, but he did not mention the Duchess of Bedford's—he did not mention Mr. Morrish's tools—he went out of the room and returned to say he hoped he had not been misunderstood, and that what was thrown overboard was absolutely useless.

Cross-examined., I do not remember exactly what Mr. Kerry said when he came back into the room, but it was about a box addressed to Pitcairn; something which he still had in his possession and was undelivered—I

do not know if he said he had not delivered the box to Pitcairn, because it was obvious that he had not—I think his object in coming back again wan to make sure about the nature of the things he had thrown overboard—I think he asked Mr. Cox what he should do with the box—he did not add in addition that he still had on board some things undelivered, which were in a bag—I am not a shorthandwriter, but I suggest that I got down all the points of the interview; it is not a verbatim report—there is nothing about the Pitcairn box in my note; I did not consider it was a point—there was nothing else of importance which I did not put down—the box for Pitcairn had nothing to do with the delivery of things at Tristan.

Re-examined. Having regard to the fact that I had this interview in my mind, that I made a note of it end that Mr. Cox was present, I say that Mr. Kerry did not say anything as to having property in his possession which he did not deliver, except the box for Pitcairn.

FRANK STONE . I was assistant chaplain to the Mission to Seamen Institute, East India Dock Road, up to the end of last year—I produce the certificate of the registration of the steam yacht Pandora as a British ship—about the middle of October, 1904, I heard of the contemplated voyage of the Pandora to Tristan d'Acunha—towards the third week in October I went to the ship, which was then lying at Greenhithe—I saw the defendant and Mr. Hussey Freke on board—I went to the deferdant's saloon—I told him I was chaplain to the Mission to Seamen Institute and asked him to take out to Tristan a service box of devotional books for the use of the inhabitants—he agreed, saying that the last time he was there' there were only two tattered bibles on the island; he did not say when he was last there—he said the islanders had great need of flour and asked me if I could get some, as the rats had destroyed all the crops, and said the islanders suffered from a very great lack of flour and kindred things—I offered to send out as much clothing as I could get, food to a certain extent, and books apart from religious books—the defendant agreed and was particularly anxious I should get flour for the inhabitants and showed me a letter from the Colonial Office to the islanders about a schoolmaster for them, which I read—he suggested I should write to big manufacturers for the food and stuff, and flour was particularly mentioned, and either then or later tea and cocoa were mentioned—I think I may have said I would write to a few; at any rate, I did so—I told him I would bring the things on board by our mission yacht or otherwise, and he asked me to deliver them within the next few days, and they should be packed smallish, so that they could be handled by a man—he said large things would not go down the hold, and it was dangerous to put large boxes in the islanders' boats, and that on one occasion somebody was drowned from doing so—the packages were to be about the size of a Tate's sugar box—I communicated with about six food and clothing manufacturers in England and got replies, but no goods—I then communicated with some subscribers to our institute and sent out a circular letter to about eighty or ninety people—I specified the kind of things which would be useful—on the boat I asked Mr. Kerry if there was any

limit to what he wanted and he said, "No "—I repeated the question and he said, "No," and he would take as much as I could send—a number parcels of different things were sent to me in my name at the institute, where we unpacked almost everything and repacked them—there were a number of books of miscellaneous literature and a number of devotional books, a quantity of clothing, male and female, almost all secondhand in good condition, some of it as good as new—there were two cork jackets, a number of fish hooks, a quantity of religious books from the Religious Tract Society, which were packed in a case which I did not unpack; it was rather large and I sent it down as it was—I got a similar case from the S.P.C.K., which I did not open—both those cases were addressed to me and I believed each had, "For the Island of Tristan d'Acunha" on it—I am sure one had; I am not sure of the other—there were some rat traps, a roll of flannel and this service box provided by the institute itself (Produced)—I put into it sixty new prayer and hymn books and some bibles and other books, making about ninety books altogether—the prayer books were very small, like this one (Produced)—the box had a strap round it—I saw no notice on the inside of the lid—the whole box was worth about 25s. or 30s.—on the outside there was "Service Box" stencilled on, which means books for divine service—in repacking the goods I made thirty-nine packages, including the provisions—there were 25 lbs. of tea in five canisters, three 14-lb. tins of Fry's British Workman's Cocoa with Fry's label on the outside, exactly similar to this one (Produced)—I got them at our own stall—they were pat in a large box without a top—I think I gave 17s. or 18s. for the three—I got them at wholesale price—there were three bottles of brandy, for which I paid 3s. 6d. each, which were put on board at Mr. Kerry's request—I superintended the transmission of the thirty-nine packages—Froud and Puxley took them from the institute to the dock—twenty-one contained books, ten boxes and one large barrel of clothes, sad the rest were life belts, fish hooks and provisions—I numbered them consecutively and made a list of them, which I put into an envelope addressed, "T. C. Kerry, Esq., Steam Yacht Pandora," and gave it to Mr. Hussey Freke on board the ship—within a short time of doing so I saw Kerry and told him I had just left a letter for him with Mr. Hussey Freke containing a statement of what I had put on board—I forget what he said then—I was constantly on board—on one occasion he mentioned the thirty-nine cases and said he had a great number of things coming down and that he was stowing them forward—he said, rather chaffing, "I hope we shall not get any more books, as there are a lot on board," and I thought there were quite enough—at one interview he said that on the voyage he would open them and re-sort them so that each islander would have a fair share—I paid him 25s. for a sack of flour which he was to get and give to the islanders, which he agreed to do—I went to the vessel for the last time about the first week in December; I saw Kerry—that was the occasion I left the letter—the next I heard of the Pandora was about the middle of August last—the information I received did not come from Kerry; I gathered it—I then went to the Sailors' Home, Wells

Street, London Docks, and saw Newman only—I then went to the Colonial Office on a Saturday and saw Mr. Grindle—on the following Monday I saw Mr. Cox—I should think that was about August 10th—up to that time I had received no communication from Kerry that he had returned—after my visit to the Colonial Office I saw some members of the crew and had conversations with them—on a Tuesday, at 7.45 p.m., I saw the defendant at our institute—if that was on August 29th it was the 19th that I went to the Colonial Office, as it was ten days before I saw Mr. Kerry—he came with Mr. Burlton, whom I had seen on the ship before—Mr. Kerry did not come at my invitation—he said his lawyers had informed him that I was stating that the flour I had paid him 25s. for had not been delivered at Tristan, and asked me if I had stated it—I said I had not—he said his lawyers had advised him to get anyone arrested who was guilty of such criminal libel—he said he was a man of means; that he had spent £27,000 in bringing Lloyds to their knees, and then got very excited about the Ariadne case, which he mentioned—I said it was very desirable that all people who were guilty of libel should be put in prison—he asked me what statements I had heard and I said I could not repeat them—he asked me what statement I had made and I referred him to his lawyers—I said, "You had better go to your lawyers. They have put you on the wrong track once; perhaps they will do it again "—he criticised the crew as being the worst he had ever had, that they were a lot of thieves and liars, that he would not trust the packages which I had given him near them, because he knew what would happen if he had, and that all the packages had been dealt with by himself, Mr. Hussey Freke and Mr. Burlton—he said that Newman was an incompetent seaman, that Hamblin, the cabin boy, was a little liar, and that Whatever character he had on the Warspite, he was a thoroughly bad boy—he said he had given Lyon a good discharge, which he ought not to have done, but he did not wish to spoil his sea career, although he was a bad man—I thought he was trying to bluff me and was bullying me, but he changed his manner and said, "I have been very frank with you; won't you be frank with me and ask me any question you wish?"—I said I had no question—he asked was I satisfied that the flour had been landed and I said I was—he told me on his word of honour that everything put on board with the exception of one case had been delivered to the islanders and he emphasised the "everything "—he said the one case was not left by mistake—he turned to Burlton, who said, "Yes, everything was landed "—Mr. Kerry then asked me if I felt satisfied, and I said I did not think my feelings concerned him—he asked me if I remembered putting tea and cocoa on board—I said, "Yes "—he did not actually say it had gone ashore, but he mentioned it among the other things—he said he sold a lot of ship's stores, his own property, at St. Helena—he said that in further somebody else would have to take the islanders' presents out and that he would have nothing more to do with it—he asked me several times if I was satisfied, but I fenced the question in various ways and would not state anything—he said, "I suppose the crew have come to you for money "—I simply raised my eyebrows and said nothing—

before the vessel left I was taken over her on my first visit—on my last visit I simply went outside the chart house—I did not notice that it was very full of parcels—I noticed nothing—these books, "Stanley in Africa," a volume of the "Boys' Own Paper," "Pitcairn Island," and the "Popular Educator," were all contained in the thirty-nine parcels; two of them have my name in them and two of them belonged to my father—these two volumes, "Excursions in Denmark, Sweden, and Norway," have the label of the institute on them—I packed them in the thirty-nine cases—sixty of the prayer books in the service box were like this one (Produced)—I can see the remainder of the words, "Service Box," on this box (Produced)—that is the one I sent out—I have here a black linen apron, a cloth jacket, a golf cape, and four woollen mufflers (Produced)—these mufflers are exactly similar to those which are sent to the institute for the use of seamen, and I put a lot on board—this jacket is of the same type as many of the clothes—I seem to recognise the apron more than I do this jacket—we never deal with these aprons; they were sent to us for the Pandora—I believe this apron is the one I put on board and also these mufflers—this golf cape is very similar to a lot I put on board.

Cross-examined. We ask the captain of a ship if he will take a service box and if he agrees we send one on board—this (Produced) is a newer and smaller type of box—the other one was a large one which we had no use for, so sent it to Tristan—that is not the motive which prompts the whole of our doings—the statement glued on inside used not to be put there, I believe, but it is now (Read): "Mission to Seamen. The sea is His. Oh, come, let us worship. These prayer and hymn books to facilitate the united worship of Almighty God on board ships are supplied by generous friends in the hope that they will be frequently used, be well preserved, and be a blessing to all hands. For lack of funds only a few merchant ships can be thus helped to serve God with gladness. If any derive any blessing and are able to help other crews to similar service boxes, which may cost from 20s. to 30s. each according to the number of books, any such aid for our less-favoured comrades would be gratefully received by Commander W. Dawson, R.N., The Mission to Seamen, 11, Buckingham Street, Strand, W.C. "—when we put a box on a vessel in the ordinary way it is intended to be opened by the officer and used by himself and crew—Mr. Kerry was to take this box to Tristan and I offered him another for use on board, or I asked Mr. Burlton if he would take one, but as he did not seem keen about it I refrained from putting on a second and smaller one—the one for the is larders was not intended to be used—it was not addressed, but it was in the inventory which I gave to Mr. Kerry—there was a strap round it, but no lock—anyone could undo it—this large one had simply "Service Box" on it—I asked Mr. Kerry if he would take a service box on board, and he referred me to Mr. Freke or Mr. Burlton—we were all three together, and I asked one of the others, but I do not know which; it may have been Mr. Freke—were was nothing I said to any of them to forbid them or the crew using the service box—if the crew had desired to use the books for worship

I should have had no objection provided they were delivered—the cocoa which I bought was 17s. cost price—I did not know that Mr. Kerry had about £600 worth of stores on board at the time I delivered the cocoa, including a very large quantity of cocoa—the amount of provisions which I supplied would be under £5 in value—I am afraid I cannot give you any estimate of the value of the clothing—I do not know if £5 would be an outside price—I do not know how much the mufflers would be; I have never bought them—I knew that other people were sending books besides myself—I thought the consignment was not large for a place where a ship only goes once a year—there were a number of books on astronomy and book-keeping—I put them in on account of the school-master—I do not agree that the underclothing was not in good condition—some of it was extremely good—Mr. Kerry did not tell me who the solicitor was who was going to have everybody arrested for libel and I did not trouble to find out—Mr. Kerry talked like a man labouring under great indignation and as though a false charge was being made against him—I did not disclose at that interview that I had been having interviews with seamen or people—there was no question of giving myself away—I had had interviews with the sailors and I knew that the Colonial Office had taken the matter up—if you like to say so, I was one of the prime movers; I was one of the witnesses—I gave him the impression that I was going to tell him nothing; that is different to knowing nothing—I hope he left me as wise as he came—I should think that on half my visits to the vessel I saw Mr. Kerry—I went down six or seven times in all—I saw far less of Burlton and Freke—I did not see where the parcels were put—on my first visit I went over the yacht, but not after my goods had been delivered, except into the saloon—I was quite willing that Mr. Kerry, when he got out to sea and had time, should open the parcels and re-sort them.

Re-examined. When Mr. Kerry told me about his last visit to the island that there were two tattered bibles I believed he was telling the truth—I think I asked him to take the service box, and that provoked the remark about the tattered bibles—the service box was meant for the people on the island, and I told Mr. Kerry about that—that was the whole object of my first visit—I do not think there is any ground for saying that the books I have identified are in a filthy condition—I put on board every article of clothing sent to me—I unpacked and repacked the books which were sent to me and nearly the whole of the clothing.

THOMAS JAMES BOOTH . I am a lay-reader at the Mission to Seamen Institute—I assisted Mr. Stone in packing the box and other property in cases to go on board the Pandora—I saw him handle the property—all the books were in a fair and clean condition, and the clothing was also in a very fair condition—amongst the books which I handled I afterwards picked out five volumes of "Cassell's Natural History" (Produced), two volumes of "Country Life" (Produced), and two volumes of the "Argosy Magazine "; also a book called "The Sea and its Wonders" "The Traveller's Guide," and some bibles as being exactly similar to those used at the Institute—taking the fourteen or fifteen books which I now see, I think

they are a fair sample of the books which passed through my hands as I packed them—I next saw them at Scotland Yard, where there were a great many books—I picked these out as being those I helped to pack.

Cross-examined. I selected the books that I was packing—I took them from our book room—I cannot say how many thousand books we have there, but a great many; I cannot say a great many thousands—the number which I picked out are an infinitesimal portion of the whole—the books were put in cases—some were old Tate's sugar cases, I think odd sizes; some large and some small—some of them had been long in our boot room—we generally use the same cases which have been sent to as containing books—the cases are not left lying about for very long—I did not know where they come from, and we do not disinfect them.

ADA CAUSTON . I am the wife of Percy Causton, a lay-worker at the Mission to Seamen Institute—I saw an appeal from Mr. Stone as to gifts for the islanders at Tristan d'Acunha and I forwarded to him a number of gifts of different kinds, including some books—these two books, "The Story of David's Life" and the "King of Love" (Produced) are two of the books sent—these two other books are the Gospel of St. Matthew and St. Luke, which I sent, and these five bibles—I picked them all out at Scotland Yard last year—I got this letter (Ex. 26), dated July 30th, from the Royal Colonial Institute (Read): "Dear Madam,—I returned to England a few days ago in my exploring yacht Pandora from the islands of Tristan d'Acunha. I found the inhabitants well and quite happy, and they seemed very pleased to see us. They were delighted with your present and requested me to thank you very much for came, and to add now much they appreciated it. My voyage has been most successful and I made some valuable discoveries of guano deposits. Again thanking you on behalf of the islanders, Believe me, Yours truly, T. C. Kerry "—among the things which I sent were some buttons, cottons and tapes.

Cross-examined. I have not seen the tapes and buttons again—the bibles were new and are now, and have not been injured in any way.

EMILY SNOWDEN . I am the wife of the Rev. John Snowden, of 25, Carlton Road, Putney—in November, 1904, I was spoken to by my daughter, and in consequence I collected some books and sent them to the Rev. Frank Stone at the Seamen's Mission, Poplar—amongst them I recognise "Past and Present," which bears my daughter's writing (Produced) as one of the books which was sent.

Cross-examined. I cannot say if it is in any worse condition than it was when I sent it—I do not see any injury to it—I cannot say how long I had it; we have such a number of books—I do not know where it came from originally.

By the COURT. I do not think we chose it for its type, but it if a good book.

MARY HELEN MOGINIE . I live at 13, Upperton Gardens, Eastbourne, and for some, years I have taken an interest in the island of Tristan d'Acunha and the inhabitants—from time to time I have corresponded with some of the inhabitants, Mr. and Mrs. Swain and Mrs. Repello—I

do not know if Mrs. Repello is an Englishwoman; I know nothing about her—she writes letters in English, and, judging from them, she can read and write fairly well—I have been interested in the island for forty years, but have only communicated with it for three—I have sent the inhabitants presents—during the three years I have had about five or six letters, perhaps more—in October, 1904, my attention was attracted by an an. nouncement in the newspapers that there was an opportunity of communicating with the island, so I bought certain articles which I was desirous of sending to Mrs. Repello and Mr. Swain and Mr. Andrew Swain—I bad never heard individually from old Mr. Swain, but there is another one—the things which I sent I had bought and were new—I bought six new serge skirts at Price Jones, Newton, Wales, and six flannel blouses, some flannel shirts, some socks, also some tea, stationery, pocket knives and other things—I put them in three cardboard boxes and packed them in waterproof paper, sealed them and directed them each to the three recipients—I communicated with Mr. Kerry and received a post-card from him (Read): "Any parcels sent for the inhabitants of Tristan d'Acunha will be taken on board the yacht Pandora at the West India Export Dock up to November 25th and will be duly delivered to the inhabitants. T. C. Kerry "—I wrote again about insuring my parcels and heard from him on December 1st (Read): "December 1st. Steam Yacht Pandora, Your letter to hand. I presume your parcels arrived safely, but everything is now stowed away down in the hold, and will be handed over in due course to the islanders. I am not insuring anything of my own, and am afraid have no time to insure parcel. T. C Kerry. "—I went and saw the yacht, and some time after it had sailed I received a communication from Mr. Andrew Swain, one of the people to whom my parcel had been addressed, and also one from Mrs. Repello, and in consequence of those letters I communicated with Mr. Balfour, who was a gentleman who took an interest in these people—I did not receive a letter from Mr. Kerry on his return; only a message—I received p message from Mr. Balfour, as in one of the letters which has been read, there is a statement (Ex. 52); "I believe Miss Moginie, of Eastbourne, wished to inquire about some parcels which she sent. Writing on 6th June, she asked me about their delivery and said that Mr. Swain had informed her that the parcel sent to him appeared to him to have been opened "—afterwards at Scotland Yard some property was shown to me by the police, and amongst it I found these two skirts which are two of the six—they are quite new—I had put five skirts into Mrs. Repello's parcel and one into Mrs. Swain's—these skirts were brought to me at Eastbourne by an inspector—my letter from Mrs. Swain was sent to Scotland Yard, and I have not received it back yet.

Cross-examined. I identify these skirts by the pattern and by a little tab and a button—buttons on skirts are common enough, and I daresay tabs are too, but I have not seen one like this—I do not think there was any mark or name of the maker—Price Jones are wholesale manufacturers and would perhaps make thousands of skirts—I think I know Mrs. Repello so writing—this letter (Produced) looks very much like her writing—I think

I have had three letters from her, and I have had two or three since the parcel went out—vessels sometimes touch at the island coming back, but it is going out that they only touch once a year—I know the daughter of Peter Green, but I did not know her name was Annie—Peter Green was principal man—I only wrote to Annie; I did not have a letter from her—Andrew Swain is the son of Annie Swain—I do not know that Mr. Repello is the head man on the island; I have never seen his writing—these (Produced) are the letters I received; one from Andrew Swain and the other from Mrs. Repello—these skirts are not hurt in any way—I sent the five to Mrs. Repello for distribution—there was a letter in the parcel—it is very likely that I did not say the number I had sent; I sent the parcels off myself—in this letter from Mrs. Repello she says, "Mr. Kerry gave me the letter on the day, he sailed away and the parcel seemed to me as if it had been opened "—I also sent some mufflers and skirts, and there might have been two packets of tea—I did not send a registered letter to Mr. Kerry.

Re-examined. In Andrew Swain's parcel I put in flannel shirts and socks, and three mufflers, and some tea and stationery, and pocket knives—I did not make a list of them—Andrew Swain said he had received two pairs of socks and three woollen things and the tea—he said, "When you send another letter, please put in the parcel all you send "—there is no mention of the receipt of any other things.

ADA NEALE . I live at Downs View, Tunbridge Wells, and am maid to Mrs. William Saunders there—in November, 1904, I saw a notice of the proposed voyage of the Pandora in the "Daily News," which was shown to me by Mrs. Saunders—I helped to pack a box containing a Quantity of things of Mrs. Saunders' and my own, and sent it to the Pandora—this letter, addressed to Mr. Saunders, was shown to me by Mrs. founders (Read): "Royal Colonial Institute, Northumberland Avenue, London, W.C., July 30th, 1905. Dear Sir,—I have just arrived back in England in my exploring yacht Pandora from the islands of Tristan d'Acunha. I found the islanders all well and happy, but Mr. Peter Green died some years ago at the age of ninety-two. This being the case, your present was given to his next of kin, who much appreciated it and requested me to thank you very much for it. My voyage has been most successful and I have made some valuable discoveries of guano deposits. Again thanking you on behalf of the is lenders for your present, Believe me, Yours truly, T. C. Kerry "—some time afterwards a coat was shown to me at Tunbridge Wells and I afterwards came up to London—this (Produced) is the coat—it is my own, and is the one which I sent in the parcel—a white sailor hat was sent in the parcel, but the only things that I saw out of it were this jacket and blouse—among the things which I sent were some underlines, a hair brush and nail brush.

Cross-examined. Some papers were put in the box of Mrs. Saunders', some old "Daily Graphics and one or two magazines—they belonged to Mr. Saunders—these are the papers; they have the names on them—the hair brush and other things were not quite old; they had been used a few times—they could have been used again, so I robbed myself of

my own brush and comb—that applies to the underlinen—it was old ladies' underlinen which had been worn—the white sailor hat and other things had also been worn.

ANNE MARTYN . I am the wife of the Rev. Thomas Waddon Martyn, Vicar of Aston Abbotts, near Aylesbury—I saw a reference in the newspaper about the voyage of the Pandora to Tristan d'Acunha—I prepaid a parcel of goods for the islanders, including some toys and some new flannelette and scarves, some books from the Society for Promoting Christian Knowledge, which were new, and also some prayer books—the clothes and books were all new—I sent some books of my own from our bookcases—they were packed in a wooden case and sent direct to the yacht at Greenhithe—about the end of July I received a letter from the Hotel Cecil (Read): "Dear Sir,—I arrived in England a few days ago in my exploring yacht Pandora from the islands of Tristan d'Acunha. I found the inhabitants all well and happy. They requested me to thank you for your kind present, which they much appreciated. My voyage has been most successful and I have made some very valuable discoveries of guano. Again thanking you on behalf of the islanders, Believe me, Yours truly, T. C. Kerry "—I recognised this red and white crossover (Produced) at the Police Court as being one of those I sent in that box.

Cross-examined. That was all that I identified—I was not shown I great number of things—the only thing that was mine of the things that were shown to me was the crossover, which is quite new and clean, and not harmed.

HENRY HEHLEN MORRISH . I live at 86, Brunswick Street, Sheffield, and in October or November, 1904, my attention was attracted by a statement in the press that persons would have an opportunity of sending presents to the islanders of Tristan d'Acunha, and I determined to send them out some tools—I communicated with Messrs. Marples & Sons and arranged with them that I should have a parcel of tools at wholesale price—I selected a number which I thought would be useful—this is a list of them—there was a X-cut saw six feet long, a butcher's saw and other saws, an oil stone, an American felling axe and blades and some choppers, hammers, some draw knives, adzes and chisels, altogether amounting to £4 2s. 6d.—in addition to those I purchased from Mr. Reynolds a down knives and some razors similar to others which have been sent abroad—I communicated with the Pandora and got an acknowledgment on November 9th (Read): "Royal Colonial Institute, Northumberland Avenue, London, W.C., November 9th, 1904. Many thanks for your present to the islanders of Tristan, which will be duly delivered to them, and for your good wishes for the success of the trip. I shall be pleased to secure specimens of rock if possible. T. C. Kerry "—there was a further letter which Kerry wrote to me about packing and sending off, but that was attended to by Marples—as far as I know, the razors were also packed with Marples' goods—the next I heard of the matter was the receipt of a letter from the prisoner, dated July 30th (Read): "I arrived back in England a few days ago in my exploring yacht Pandora from the islands of Tristan d'Acunha. I found the inhabitants all well and happy, and

they were delighted with your presents, which I personally distributed to them. They requested me on their behalf to thank you very much indeed for the presents, and to say how much they appreciated them. My voyage has been most successful and I discovered on the islands most valuable guano deposits in enormous quantities. Again thanking you on the islanders' behalf, Believe me, Yours truly, T. C. Kerry "—I believed that my presents had been properly delivered—the next comnunication I got was from my wife, and in consequence I wrote a letter on September 4th to Kerry (Read): "Dear Sir,—My wife informs me that tome one called at my Sheffield address and mentioned your name. As his story did not at all fit in with the information contained in your letter to me of July 30th, I write to ask you whether my contribution of tools really was sent ashore at Tristan d'Acunha or what became of the things, When sending the tools I mentioned that any little curios would be acceptable (from Tristan) and you wrote me that you would be pleased to send something, either birds, skins, or geological specimens. With apologies for troubling you, I am, Dear Sir, Yours faithfully "—I had received a litter of September 2nd (Read): "Dear Sir,—You were kind enough last year, when I went out to Tristan d'Acunha, to send a present of some tools to the natives. I am sorry to say owing to an accident to my rudder and the dangerous position we were in when lying off the island, I was unable to land them. On the passage home I found that some of them were going rusty through the salt air and the dampness, and I could see it would be a great pity to return them to you in such a poor condition, as it would probably have taken off half their value in England, and perhaps they would have been useless to you, so I thought that under to circumstances the best and correct course would be to sell them at the best price I could get, which I did, disposing of them for £4 10s. off the West Coast of Africa. In case this amount does not cover what you paid for them, I am quite prepared to be the loser and to make good the deficit. I hope that you will agree with me that I acted for the best under the circumstances, and I enclose a cheque for the amount I received, namely, £4 10s. I went to Sheffield yesterday to see you, but unfortunately you were away. However, I saw your wife and explained matters, and the agreed with me in the course I had taken. I hope to hear that you accept the same view. If you wish to send out any more presents I shall be most happy to take them next time I visit the islands. Hoping to hear from you in reference to the matter, Believe me, Yours faithfully, T. C. Kerry "—my letter was answered by this one of September 12th (Read): "The letter you received from me of July 30th was an unfortunate mistake made by my secretary. Some letters were sent out on. arrival home in a general way thanking people on behalf of the islanders for their presents, and my secretary happened to get your name mixed up with the rest, and that is how the mistake arose. I have a few little curios which I shall be pleased to send you if you will accept them. I expect by this time you will have received my letter which I sent to you? home address and which, I think, explains things "—I was subsequently communicated with by the police and handed them these letters—I had

also got a cheque from my wife—Mr. Kerry had also sent me a bear's skin and a sheep's skin mat.

Cross-examined. I think this is one of the chisels which I bought from Marples (Produced)—Mr. Kerry showed it to my wife at sheffield—I did not see it until I was at Bow Street—it was then rusty—I paid about 7s. 6d. for the razors—I got a cheque from Mr. Kerry, but I did not make a profit out of it, because I paid the carriage—I know now that Mr. Kerry had to go to Marples to find out who it was bought the tools from them and in that way discovered me—when he called I happened to be away, so he saw my wife and explained the matter to her—he sent the cheque by post—I have lost nothing by the transaction—Mr. Kerry explained to my wife why my present had not got to the natives—assuming, for some reason, that my tools were not delivered and were going rusty, I should have no objection to Mr. Kerry doing what he did and then giving me the money—I have seen the two razors which were brought back; they have not been used.

Re-examined. When the chisel was first produced to me it was in the same state as it is now—I do not know how the tools were packed.

MARTHA ELIZABETH MORRISH . I am the wife of the last witness—on September 1st Mr. Kerry called and asked for Mr. Morrish, saying he was the owner of the Pandora, and that he was sorry to say he had not been able to deliver the tools which Mr. Morrish had sent as a present to the islanders of Tristan d'Acunha because something had happened to the rudder of the ship, owing to which he was bound to sail away—he said he had been bound to sell the tools to a ship's carpenter on the coast of Africa, and it was better than bringing them back, as they were going rusty—I had sent a box of magazines, and Mr. Kerry said all had been delivered except the tools, a few books and some rubbish—that was on his second visit on September 18th—on that occasion I said that then were some razors which my husband had sent and Mr. Kerry said, "Then would have been delivered, as all small things were delivered in sacks "—at one of the interviews he produced this chisel, which was very rusty—I had no cause to disbelieve him as to his story of the accident to the rudder, and I thought that was the reason he could not leave the things.

Cross-examined. As far as I could judge from Mr. Kerry's demeanour, he seemed pleased to find us out—he asked if my husband would prefer him to pay him or to buy some more tools and take them out next time—he found us out by going to Messrs. Marples and the Midland Railway Co.—I think he had some difficulty in finding us.

Re-examined. The letter of July 30th had no difficulty in finding us. Wednesday, January 10th.

[It was stated that the crew of the "Pandora" numbered about twentyfour.]

EDWARD ALBERT MARPLES . I am managing director of Marples, Ltd., Hibernia Works, Sheffield—towards the end of 1904 I remember an application being made to me to allow some tools to he sold at wholesale price, and having regard to the object for which they

were being purchased I consented—I did not actually pack the tools, but they are generally packed in brown paper parcels and then in packing cases—goods which are intended to go on board a vessel are always oiled first, then usually wrapped in thin tissue waxed paper, then in brown paper, and then put in a case lined with pitched pine paper—this chisel was shown to me by Mr. Kerry when he called at my office—a chisel packed by us could not get in such a condition as this unless removed from the packing.

Cross-examined. We consigned the goods by the Midland Railway—I do not know if it was through the Midland Railway Co. that Mr. Kerry discovered us, but I know he produced a Midland Railway consignment note and I gathered from what he said that he had discovered us through the Midland Railway—we searched our books in order to give Mr. Kerry the information as to who had sent the goods to the island—he seemed anxious to find out who had presented the tools and asked us if we had done so—he gave me the impression that he really did not know the person who had sent them.

Re-examined. I think the date of Mr. Kerry's call was September 2nd.

RICHARD REYNOLDS . I am a cutlery manufacturer at Gell Street, Sheffield—on November 8th I sold Mr. Morrish a dozen knives at wholesale price—I did so for a reason which he gave me—they were to be sent abroad—at the same time I presented him with half a dozen razors of a special pattern; these (Produced) are two of them.

Cross-examined. The razors are rusty now, but when I saw them first they were as clean as they could be and in no way the worse.

By the COURT. The wholesale price is about 12s. the dozen; they are retailed at about 2s. each—they were intended for the West India trade or South America—if these islanders do not shave, they can cut their corns with them.

ROBERT GEORGE HALPIN . I am a master mariner and up to October last I was captain of the Eastern Telegraph Co's. cable ship Britannia, and am now at home on sick leave in Ireland—in May, 1905, the ship was at Sierra Leone when the Pandora came into port there—I saw Mr. Kerry, who offered to sell me some provisions—I sent my chief steward to the yacht, who brought back some provisions and some tools—I saw a couple of small hatchets and a kind of draw knife, like a spokes have and a fretwork saw frame—all the tools were in a good condition and not rusty—one of them was wrapped up in brown paper, others had no wrappers on them—I believe the name of Marples was on the brown paper.

Cross-examined. Steel instruments soon rust from exposure to salt water.

Re-examined. If things are oiled and then put in tissue paper and brown paper they are less likely to rust.

MARY DU CAURROY, DUCHESS OF BEDFORD . Towards the end of 1904 my attention was attracted by an announcement in the newspapers with regard to the island of Tristan d'Acunha—in consequence of a letter from Mr. Stone I gave my secretary, Miss Brown, some instructions with regard to selecting a number of books to send to the island—I should

not have thought as many as 120 or 150 books were selected from the library at Woburn Abbey, but my secretary says there were—instructions were given for them to be packed in a suitable manner and sent on board, and the next I heard of the matter after that was when I got a letter from Mr. Kerry after his return (Read): "July 30th. Madam,—I have just arrived back in England in my exploring yacht Pandora from the islands of Tristan d'Acunha. I found the islanders all well and happy. They particularly requested me to convey to Your Grace their most sincere thanks for Your Grace's kind present, which they very much appreciated "—I assumed that my books had been delivered—the next I heard of the matter was a communication from the police, and I was subsequently shown a great number of books which I identified—I have gone through some of these books (Produced) and recognise them as my property, many of them having my name in them—after I had been examined at the Police Court I was recalled to look at some other books—I was at the Court when the box actually arrived from Ascension, and these are some of the books which I then identified (Produced).

Cross-examined. I should say I have identified about a third of the whole amount sent out—those books, which Inspector Smale first brought to me in Scotland, I should say were much in the same condition as before, but those which came from Ascension Island were very much the worse for wear—this (Produced) is one; the back is damaged—I do not know the size of the companion way on the Pandora and I do not know that the cases had to be opened because they were too large to go down the companion way and the books put into the saloon; they were packed with a view to their going into the hold—I have been told that the boob were placed in Mr. Kerry's saloon—I do not know the size of the boxes but I was told they were 2 feet 3 inches—assuming some of my boob were put into the saloon for a good reason, I should have objection to the officers reading them while on the voyage, because I did not send them for that purpose—I should not have objected if I had been asked, but as they were in mid ocean without Marconi instruments they should not have used them without asking me.

By the COURT. I do not think they ought to have been read without asking my leave, although they were in mid ocean and the officers had no books to read.

ETHEL HAMILTON BROWN . I am secretary to the Duchess of Bedford, and about November, 1904, I remember selecting a number of books from the bookcases at Woburn Abbey to send to the Pandora—they were packed in my own room, first in oiled silk and then in several layers of brown paper—the cases were made by West, a carpenter—I saw the books which came home on the yacht, and I identified a large number which were produced at the Police Court—after I had given my evidence there, a box arrived, I believe from Ascension, and I examined about eighteen books in that box and identified them all—this (Produced) is a list of the books which were taken from the Pandora; a great number of them had the Duchess's name in them and some the address, Woburn Abbey.

Cross-examined. There was nothing on the boxes when we sent them

off to show that they came from the Duchess of Bedford—I heard at Scotland Yard that the books which were not delivered were collected and put into a box labelled "To be returned to the Island of Tristan d'Acunha. "

Re-examined. I remember being asked that question at the Police Court after I saw the box from Ascension.

FRANK WEST . I live at 9, London Road, East Woburn, and am house carpenter to the Duke of Bedford—in 1904 I was asked to make a wooden box to contain some books—I made two boxes instead of one large one—I have a note of the sizes; they were both the same—the length was 38 inches, width 20 inches, height 22 inches, and on the top of them in black I put, "The Reverend Frank Stone, Seamen's Institute, East India Dock Road, Poplar "—before closing them I carefully packed them—the books were in oiled silk and brown paper and they were dispatched by train.

Cross-examined. There was nothing on the box to show that they came from the Duchess of Bedford.

Re-examined. They were sent by the North Western Railway and had a consignment note—I sent them.

WILLIAM HAMBLIN . I was employed on the Pandora from August 30th, 1904, until I was discharged in England on July 29th, 1905, with two "Very goods" in regard to my conduct—before I went on this voyage I was on the training ship Warspite for a year and ten days—I left there with a good character—I had three good conduct badges while I was there and a chief petty officer's rating—when I went on board the Pandora in August she was lying at Greenhithe—I was employed as assistant stoward—when I first joined, Mr. Kerry was not there, but he came on board in the evening—Mr. Freke was the chief officer; he came on board a fortnight after I joined—before the vessel started on the voyage I remember parcels coming to the yacht; I helped to unpack them—Mr. Kerry assisted to unpack; also a boy named Scarlet and one named Sworder—amongst the things which came was a quantity of clothing—one Sunday morning before the vessel started Mr. Kerry told me to get two boxes—one was long and the other rather shallow—we packed some male and female clothing into them—I remember one dress wrapped up in tissue paper; I believe it had flowers on it, but I am not sure—I think it was a kind of wedding dress—when the boxes were packed they were nailed up by Mr. Freke—Mr. Kerry said he was going to send them out to Cape Town, and, I believe, to take them to the island, as they took up too much room—the Pandora did not call at the Cape on her way, to Tristan—I saw two boxes of books brought on board from the Duchess of Bedford; they had "From the Duchess of Bedford" on them—we unpacked them in the forecastle about ten days or a fortnight before we sailed—the books were taken out by Sworder and myself—we stowed come of them in the bookcase in the dining room, and some in the fourth esbin under the settee on the port side—I have seen a number of the books with the Duchess of Bedford's name in them—other books that came from the other packages were stowed between the water tanks,

and some were stowed forward in the chain locker—there were fourteen sleeping cabins aft, two saloons and a big ward room—the two saloon were both on the same deck—the dining saloon was forward, the other was aft, and the wardroom was under the after saloon—there were some other people on board besides the crew; they were like passengert—there was Mr. Lascelles and Mr. Macan—I do not know if Cameron was a passenger; he slept aft—Sworder paid to go—Mr. Hussey Freke was on board as well as the mate, Mr. Burlton, and Mr. Hocker—at Las Palmas we took on board Mr. Boyce, and there was a Dr. Newton—before we reached Las Palmas I saw someone bringing books up from below—I was at the dinner table most of the time, but I believe they were coming from the chain locker—I went forward and saw a big heap of books by the port harness cask; it was about 1 p.m.—I should think the books were being carried up for about an hour—when I came up I saw 500 or 600 books and magazines—some men were throwing them overboard and they told me I could take what I wanted; I took some—this is the only one I have left (Produced); I gave some away—the books I saw in the heap and which were being thrown overboard were clean, but a bit duty; I mean they were not damaged—I did not see any bugs or fleas on them—there were no fleas on board when I joined—it was not from the cabin that I saw the men carrying the books—I came up to lay the table, and after dinner I got some more books from those on the deck; they were still being thrown overboard—I picked out altogether about six—before we started on the voyage I saw some provisions come on board—I remember three tins of Fry's Workman's Cocoa like this one (Produced) coming from the Mission to Seamen—at first they were put in the forecastle; we unpacked them and I stood them in a locker over the w.c. aft—at Las Palmas, Cameron and Hocker left; they would see the books and were forward throwing them overboard—I remember another occasion after we left Las Palmas, and about a week or ten days before we got to Tristan, when books were thrown overboard—I saw a heap of books about dinner time at the stokehole door on the port side about 18 inches high and 4 or 5 feet long—Dr. Newton, Mr. Kerry, and one or two others were there—I did not hear Mr. Kerry give any orders to anybody else, but I picked up some books and he told me to throw them overboard—I asked him if they were any good and he told me to throw them overboard—I do not think he said if they were any good or not—there were a lot of bibles and some magazines in the heap—Macan kept some; there were 300 or 400 there, I believe—some of the books I showed to Mr. Kerry were bibles, some of them were old; he threw some of the books overboard himself—all the books on the deck except those taken by the crew were thrown overboard—I went on shore one night at Tristan when Mr. Macan was buried—my employment on board would keep me in a great measure down below—while we were at Tristan I reminded Mr. Kerry about the three tins of cocoa being aft—he said, "That has gone on shore a long while ago "—after leaving Tristan we got to the Cape, where Dr. Newton, Mr. Lascelles, Mr. Freke, Arnold Saunderson, Brown and Captain Newman left; we were there for five weeks—

after we had been at Tristan some days about five of the islanders came on board and went to Inaccessible Island with us—I saw some potatoes, cranberries, eggs, a bullock and a sheep which the islanders brought on board—the islanders who went to Inaccessible with us came back to Tristan on the Pandora—the day we returned we got there early in the morning and left in the evening for the Cape—I remember a barge full of provisions being landed at St. Helena, amongst them being three tans of Fry's Workman's Cocoa—I believe I actually handed it to Hearn; they came from the same place that I had stored the other tins in—I hid seen no 14-lb. tins of that cocoa except those from the Mission to Seamen—I remember some took from Sheffield coming on board before we started—I remember seeing those tools on board at Sierra Leone; they were wrapped up, I think, in brown paper; they were apparently in the same condition as when I stowed them away When we started—at Sierra Leone provisions were being sold to the Britannia cable ship, and Mr. Kerry told Mr. Freke and me to get the took out from the place where they were stowed and put them on the ward-room table, which we did; they were then wrapped in paper with the exception of one or two gimlets which had fallen out—some of those in paper had string round them—the carpenter and the chief steward from the Britannia came on board—I was in the wardroom nearly all the time, but in the end Mr. Kerry sent me out—I do not know if the Carpenter saw the tools; fee may have turned the paper up—I heard Mr. Kerry say to the carpenter that they had cost him £14—I afterwards saw them on deck—at Ascenaion I took thirty or forty books on shore in a portmanteau on Mr. Kerry's instructions—they were rather new books, something like this one (Produced); somebody else had packed them—Mr. Kerry told me to take them to the Governor's office—I took the books out of the portmanteau and brought it back to the ship—I remember some women coming on board at St. Helena with curios—I bought some; Mr. Kerry paid for them—he put it down on our account of wages—I had half a crown's worth—all the men bought something—I do not know who settled with the women—I saw them go away—I do not know if they had anything with them then—one had some washing; they came every day except Sunday—during the voyage it was necessary for the men to be supplied with materials for cleaning brass and other things—it was got from Mr. Kerry; he gave the men all sorts of different articles of clothing, men's and women's—I believe he got them from his cabin—he went there when the man asked him; they would stand at the cabin door—I have been supplied with things of that kind for cleaning—if I remember right, he kept the clothing in one of his drawers in his cabin—in the West India Dock he gave me a knickerbocker serge suit with the name "Carson" on it, which he said had belonged to the great barrister's son, a blue serge coat with brass buttons, some collars of different sizes and patterns, some shirts, and on the voyage from Cape Town he gave me a woollen shawl or crossover—he gave me a new muffler for cleaning purposes—I have seen the men using things which had been given to them.

Cross-examined. I did not have a bad time with these presents—I

do not feel much the worse for the time I had—I was getting £1 a month as cabin boy for the first three months and then 1s. a day—since I got back I have been doing nothing and getting a lot for it, but I am getting sick of it—I get 4s. a day, including Sundays, from the Treasury—that has been going on since January 23rd—I do not get anything extra when I come here to give evidence, but I believe my expenses are paid—I would rather be doing some work—I live at home with my people it Stratford—I believe I have always told the same story—when I wy first at Bow Street I was in the box for the best part of two days—I then forgot all about what I saw happen just before we got to Tristan—when I left the Court I went to the Treasury and saw Mr. Cohen and Mr. Smale—Mr. Cohen is conducting the proceedings for the Treasury and Mr. Smale is a detective—I went from the Treasury to Scotland Yard and thought things over—Mr. Cohen asked me about the other books and I remembered the destroying of 500 or 600 more books which I had forgotten—I also remembered the suit which I did not remember at Bow Street; I it membered that at the Treasury before I got to Scotland Yard—I also forgot the jacket at Bow Street and some slippers—I did not have the slippers given to me—I was asked at Scotland Yard if I saw anything with a name on it and I said, "Yes, some slippers "—I forgot about that at Bow Street—anybody could have seen the books being thrown overboard—there was no question of my being sent down below or locked up—there was a man on board named Lawis, who was on board at I passenger—I was friendly with him; I have not seen him here to-day, but I heard him give evidence at the Police Court—I saw him yesterday—he had the same chance as I had after Las Palmas of seeing what was going on, or perhaps more, because I was down below and he was always on deck—I never saw any bugs on board, only fleas—I heard Lawis and other witnesses say at the Police Court that there were millions of them—I did not feel the bugs, only the fleas—I used to look for them in the morning, but they had vanished in the light of day—I went ashore at Tristan; Mr. Kerry let me go—I did not talk to the natives much—I was not bashful; I was with the carpenter nearly all the time—I slept at Mr. Green's house; I spoke to the natives in the evening—I did not say anything to them about a lot of their presents being thrown overboard—I did not tell any of them at any time; it was nothing to do with me—if I had liked to tell them I could have done so—the natives were pretty well dressed; one had a frock coat and a front and a collar—I did not see anybody in a dress coat—they looked all right in general appearance—these photographs (Produced) represent what they looked like—some of them are rather nice looking; they did not walk about in fig leaves or things of that sort—they wore dungarees for working and had Sunday clothes—I think I went ashore on a Wednesday, when Mr. Macan was buried; that was the gentleman who tumbled over the cliff—I knew photographs were being taken; I have got some at home—they were given to me by Mr. Lascelles; the women came on board with fruit at St. Helena—I believe Mr. Kerry paid them the half-crown; they did not ask me for it—I do not know if

the lady I bought my things from was Miss Clifford—I bought from two; I believe the other was Mrs. George—I had my curios—the box containing the Duchess of Bedford's books had her name printed on, I believe in ink—they were not very large letters; the words were "From the Duchess of Bedford," nothing about Woburn Abbey—I believe it wai blue black ink; it was not quite black—the box was white—when the vessel was off Tristan I was probably down below—I did not see a great many boats which went off with things, so a great deal went on shore without me seeing it—I cannot tell what the boats contained which did go off—I do not know when I first went on board the Pandora that there was a large quantity of stores on board—I do not know that there was over £600 worth of stores alone—I went and got a pound of sugar at a time; there were only two of us on board then—when the Pandora left England the stores were everywhere; I used to sleep over some casks of flour in the ward room—there were some provisions in the mess room, and at a later stage of the voyage Mr. Kerry sold over £200 worth of provisions out of the ship—there were twelve tins of Hudson's cocoa on board, I believe; that is all besides the three tins of Fry's cocoa—I do not know if there was any Fry's cocoa in the ship's stores; I was not in charge of them—I saw nearly everything that came on board.

Re-examined. I know the biscuits which came on board before the vessel started were from Spratt's; they make skips' biscuits as well as dogs biscuits—there were some stores from Messrs. Pink—Mr. Cohen and Mr. Smale did not suggest to me that I should say what was untrue—it was a Mr. Atkinson, the Marine Society's shipping agent, who first stopped me—I first made a statement at the Board of Trade Offices, and I believe it was by the Board of Trade that I was at first kept from joining another ship—at the time I made my statement I did not know that I vat going to be paid anything—I brought up some of the stores from down below which went ashore—at Ascension Pink's labels were washed of; I did it as I was told to—it was off some chutney bottles—the islanders were apparently a hard working and a nice intelligent people—the women wore European clothes—one of the natives told me that they wore clothes out quickly—the men shave—I joined the Pandora straight from the Warspite—I washed the labels off the bottles because I believe Pink's is supposed to be bad stuff.

By the COURT. One of the islanders had got a beard; he was shaved on his cheeks, but I never saw any of them shaving; I do not know if they have razors—the men wore linen collars, some turned down and one high—I used to take provisions to the crew sometimes; we never got any cocoa, but coffee we had every morning.

FRAHCES GEORGINA HILL HODGSON . I am the wife of Mr. Henry Hodgson, of 208, Anerley Road, and the honorary secretary for the district to the Mission to Seamen—I saw Mr. Stone's appeal in October, 1904, and sent him some books—this (Produced) is a book which I recognise as bring one of them, and has my step-son's name in it—about the middle of October, 1905, I saw about this case and was written to about it.

Cross-examined. Of all the books I have sent, this is the only one I have seen since.

ERNEST WALTER ANDREWS . I sailed to Tristan on the Pandora, but not as a member of the crew—I knew by the articles that the crew were prohibited from keeping diaries, but not being a member of the craw I kept a diary—I first met Mr. Kerry at Brighton in 1903 at the end of the West Pier by his remarking about the weather while I was listening to the band—he did not tell me exactly what he was, but I gathered he was a traveller of some kind; not a commercial traveller—I next eat him at Earl's Court Exhibition in 1904; it was quite a casual meeting—at neither of those meetings had I given him my address, I think—I next saw him in 1904 in Old Jewry, and he told me he was the owner of a yacht and was thinking of going out to Tristan d'Acunha; that was the first time I had heard of it—he said if I wanted to write to him I could always address letters to him, "Mr. Kerry, bound for Tristan d'Acunha "—after that I saw a notice in the papers and I telephoned to the Royal Colonial Institute, where I had written to him, and he came to the place where I was then working—I asked him if there was any chance of going out with him—he said he did not know exactly, but provided I worked there might be a chance, and eventually he consented to my going with him—I really do not know in what capacity I went—I was not a member of the crew or a paying passenger; I was a working passenger and messed in the moss room next to the forecastle with some of the crew—there were two engineers there and one or two other fellows like myself—on the way to Las Palmas a lot of books were thrown overboard—I handed them up from the chain locker, as Mr. Kerry gave me orders to do so; there were others helping me—we were over two hours handing then up—I should think quite 1, 500 books were handed up in that time—as far as I know, they were placed on the deck in a pile, and Mr. Kerry gave orders for them to be thrown overboard—he did not give me orders personally, I think, but to everyone; I heard him—they were a very good mixture of books, magazines, and ordinary bound books and papers of all descriptions—there were a few tracts and a lot of monthly magazines—they were in very good condition; there might have been one or two with their backs torn off—I saw nothing against their cleanliness—I do not think it would be true to say that they were so infested with bugs and fleas they had to be thrown over for sanitary reasons—there were a few old illustrated newspapers, but I did not see any daily papers—I saw this service box (Produced) full of prayer books, and there might have been one or two bibles in it—I think it was fastened by a strap and hooks; it was marked "Service Box," but I can only see now "cc "—the bibles and prayer books were absolutely new; they wore handed up on the deck when I saw them, and I think they were thrown overboard—Mr. Kerry said that if we wanted any books ourselves we could pick them out—I picked out several and the others did the same—these (produced) are some of the books I picked out; they are absolutely clean; I should not have taken them otherwise—I kept them in my bunk in the mess room where I slept—the other fellows who slept in that room

I think, kept their books somewhere close to their banks—the books thrown overboard before Las Palmas and those kept by the crew accounts for the whole of that lot, and none were kept for the islanders by Mr. Kerry's orders that I know of—I went down into the chain looker—the books were not in the way there, and I know of no reason why they should have been fetched up and thrown into the sea—at Dover the anchors had been down and brought up again, and as far as I know, the books had not interfered with the working of the ship there—there were no signs of the books having been in contact with the wet chains; they were on a different level to the chains and did not interfere with them—there was another lot of books thrown overboard just before we got to Tristan—we got to Las Palmas on January 3rd, 1905, and the first lot were thrown overboard I should say in the latter part of December after Christmas Day—we got to Tristan on February 19th, and the second lot of books were thrown overboard about a week or ten days before that—Mr. Kerry gave me orders to go and fetch the books from over the water tanks—they were on top of the water tanks and there might have been a few in between them which had fallen down—they did not interfere with the tanks, but Mr. Kerry said he would want to fill the tanks with fresh water at Tristan—there is a pipe by which they are filled from the deck, bat I did not see it then—when the books were brought on deck they were placed in a pile by the mess room hatch—Mr. Kerry looked at them and west aft again—I went down to dinner and I think they were then taken aft, and after that I heard they were thrown overboard—I saw Burlton throw some, but I do not know if they were from the lot by the aft cabin—I taw Dr. Newton throw some overboard too—I should say there were about 500 books fetched up that time, because there were three or four of us at the work—the 500 may have been thrown over, but I cannot say, because there may have been other books taken aft—I cannot say if any of them were kept for the islanders—I did not land at Tristan—I saw a sack full of books for the islanders; some were collected from the crew, who had already been told they could keep them, and I do not know where the others came from—we arrived on Sunday, February 19th—it was a fine day; we arrived about 7 a.m.—that day we were in communication with the island by some of their boats and, I think, one of ours; there was a great deal of passing backwards and forwards Between the ship and the shore—I think we were about a mile from the shore; there is an anchor age there, but I do not think it is safe—we did anchor, but we had to pull up again—I do not think any goods went on shore on that Sunday, except the mail boxes which made one boat load—next day the log says the sea was very rough and we had to go out to sea—on the 19th we got a sheep and some cabbages and potatoes, but I cannot remember if they came out in our boat or the islanders'—I do not think we communicated with the island on the 20th—on the 21st it was fine, fairly calm, and we whistled to the islanders—I think it was that day that we found out that Mr. Macan had been killed—we communicated with the shore a great deal that day—the 22nd wag fine and one of the islanders' canvas boats went out to sea with things to exchange to another ship which was passing about

twenty miles off, but did not reach her as she did not stop—on the 23rd we were in communication with the island, and that is the day that six of the islanders came on board and when we started for Inaccessible Island—we visited Inaccessible on the 24th and Nightingale on the 25th—on the 24th the rudder head got twisted—that was a fine day; we were then at Inaccessible—the rudder head was temporarily repaired and made workable, and we went on to Nightingale Island—Mr. Kerry did not go ashore it either of those islands—Dr. Newton and Mr. Lascelles and, I think, about three of the islanders went ashore—we did not visit Gough Island, but returned to Tristan, where we arrived on the 26th, which was the finest day we had there—we got there early in the morning and there was a great deal of communication with the island until we left about 4.30 p.m.—we were about half a mile or three-quarters of a mile from the shore-on that day a bullock was brought on board and some potatoes, including potatoes for people at the Cape and addressed to them—there would have been no difficulty at all in landing anything from the ship on that day—Mr. Kerry said we were not to communicate with the islanders until, I think, he had done his business—we went to the Cape from Tristan and stayed from March 13th to April 14th—on the way home we called at St. Helena, where I saw a quantity of provisions landed—I do not know of anything being done to the labels on any bottles—I went ashore at St. Helena and I had to do some checking of provisions there—I remember two tins of Fry's British Workman's Cocoa; I have seen one of them since—we next went to Ascension, where we arrived on May 12th—I do not remember any books going ashore there; I remember seeing a portmanteau, bat what it contained I do not know—from there we went to Sierra Leone, where we arrived on May 27th—I did not see anything happen there with regard to some tools; I only heard of them—on the way home I remember speaking a German liner, the Prince Regent—a signal was flown for her, which I heard was "Starving," but I do not know the signals—Mr. Kerry went on board her and brought back fresh meat, biscuits and flour—on July 24th we got to England and on the 26th to Shoreham—we were a long time coming from Sierra Leone; I think we were about two weeks hove to, so we ran out of provisions—on the voyage home I did not notice any books in the saloon bookcases; they were disappearing then, but I had seen some—I did not see any of the books which I had seen in the bookcases landed at Tristan.

Cross-examined. When I first met Mr. Kerry I was a clerk—I gave up my occupation and went with him as a working passenger because 1 had very good promises from him if I worked on my way out—I was at the London Guarantee & Accident Co., 61, Moorgate Street—Mr. Kerry Raid if I was successful in working aboard he would give me a very good position in a company which he was going to float when he arrived home—since he arrived home he has not had much opportunity of floating compaines—I have done anything since, I have been waiting for this case—I have been receiving 4s. a day—I witnessed the throwing over of a large quantity of books for which there appeared to be no reason—they were not in the way and the ship was being naviagated in perfect comfort—

they did not interfere with Mr. Kerry's personal comfort—it seemed to me to be rather a stupid thing to do—I commenced my diary the first day that I went aboard—I put down anything of note in it or any incident which I thought worthy of note—I do not think I made any note of the throwing over of books; I principally put down things which refer to myself—the entry "The second mate refused to continue as such" was of interest on our part of the ship—"Mr. Kerry had a row with Mr. Newman at 4 in the morning. In the end he was sent to his room, and all day he refused to turn to "—that affected me somewhat—"Tristan sighted after breakfast. Men had a row with Mr. Kerry about two weeks' stores being given out "—that interested me—on February. 19th, 1905, there is an entry, "Tristan d'Acunha reached about 7 o'clock in the morning. Men came off in their boat from the island. About sixty-five inhabitants. Mr. Kerry went ashore by himself; all sealed mails given them and some boob. Sheep brought off island and was killed; finished milk for tea. Fish you could catch about fifty in ten minutes; several sacks of potatoes brought aboard, including cabbage. A very nice and sharp lot of people. Sworder, Lawis, Maoan and Mr. Hussey Freke went ashore to stop until w" had explored all the other islands. Steaming all day owing to bad anchorage "—we could not anchor, but we had not got to steam away; we kept up steam to prevent ourselves drifting—on the 20th I write, "Sea very rough and we were bound to strain right out to sea, otherwise we should have been washed ashore "—that is right—it was not a very easy coast to lie off—one observation is, "Food a little better "—that was after we had had some fresh provisions—on February 21st I wrote, "Whistled for the islanders' boat to come off, but without avail. One of our boats was lowered and went ashore "—I did not see what was in the boat except the men; I thought Mr. Freke, junior, was there—"Mr. Hussey Freke came back in it and reported about Mr. Macan being missing "—that is correct—next day I write, "Mr. Kerry went ashore and came back with the horrible news that Macan had been found with his head nearly severed from his body and all his limbs broken. After dinner Mr. Kerry, the carpenter, and Hamblin went ashore. After they had left a gale sprang up and we were bound to leave there; nearly went ashore in the night, if it had not been that steam was all ready "—that was according to Mr. Kerry's account, but I am not a nautical man, and I may be mistaken; I may be a diarist—I do not think I wrote that down at the time—it is true that a gale sprang up—I think it is my own Account when I say, "Rudder of ship giving way under the strain of the recent seas, and we were all day fixing it up so that she would not have to much strain on it. He is as soon as possible going to Cape Colony to have it repaired, or else she will lose her rudder altogether. Six of the islanders, Dr. Newton and Mr. Lascelles, left in a small boat at 9 o'clock for the Inaccessible Island, from which we were about one mile. They returned about 3 in the afternoon with several sacks of guano. Left again in about 5 for Nightingale Island and did not return, sleeping all night on the island. Mr. Kerry did not go with them; a gale of wind sprang up soon after tea "—on the 25th we were not at Tristan; we were

exploring, but we were at Tristan at times—"Some gifts came off, including two barrels of flour. Mr. Freke, Sworder and Lawis came off by boat from island. Said good-bye to islanders about 4.30 in afternoon, giving them cheers, which they returned. Started for Cape Colony soon after. Mr. Kerry in a very bad temper. The worst crew on board of a ship he had ever seen "—that is what he was saying, and I wrote it down at the time—on the 27th I wrote, "Full-rigged ship sighted, to which we signalled that we were disabled with a damaged rudder and also asked her to report us "—according to Mr. Kerry's idea we were disabled—I looked at the rudder, but I could not see if it was disabled—I thought then that we were disabled, but I do not know if we were—we were at Cape Town for a month while it was being repaired.

Re-examined. It was on the journey home that Mr. Kerry spoke to me about the company he was going to float—it was a company for the guano—some of the letter written by Mr. Kerry to the Colonial Ofice on July 31st is true—I do not know where "splendid anchorage in sevenl places" was—I think Inaccessible Island is about seven miles from Tristan, and Nightingale about fourteen—the matters I referred to upon each day in my diary are short, and generally just mention the day of the week and the state of the weather—the accident to the rudder happened after we left Tristan—we arrived at Tristan on the 19th at 7 a.m., when some boats came off—on the 21st I record the fact in my diary that it is fine and the sea fairly calm; also on the 22nd and on the 24th it was fine all day—on the 26th, which was the finest day we had, provisions were brought off.

By the JURY. I did not carry my diary about with me; I kept it in my bunk and made the entries every evening.

GERALD HOPE SWORDER . I live at Writtle Hall, Chelmsford, and as just over eighteen years of age—in the autumn of 1904 I saw an advertisement in a paper in consequence of which I came up with my father to the Hotel Metropole and saw Kerry there—he said he was going to Tristan d'Acunha, and if he found the guano satisfactory there he would come home as quickly as possible, but if he did not he would go on to New Zealand—he said ho was a naturalist and explorer—I was to be his assistant is regards the natural history and geology—I was to pay £40, and finally I agreed to go—my father paid the £40—I joined the ship about a month before she sailed—a number of cases of all sorts came on board—Kerry was there at night, but most of the day he was away—while he was away there were on board Mr. Freke, Hamblin myself and another boy called East—there were some wooden cases which came on board and there were two wooden cases on board containing books when I got there; I did not see them arrive—they were standing in the after saloon, the tops being off—they were full of books—Mr. Kerry told us to take them out and put them into several bookcases—he saw what we did—I think we put about 150 books into the bookcases—Kerry said they had come from the Duchess of Bedford—they were in very good condition—we put some of the books out of those cases in the fore saloon and some in different cabins—Mr. Kerry and the officers had their meals in the fore saloon—some of the books

went into Mr. Lascelle's cabin; there were also some magazines—I only helped to unpack those two boxes—there were books on board, but I do not know where they came out of—some were in the after saloon, and those which came later were in the chain locker and in a place forward of the chain locker—I do not remember any tools coming, but I saw them on board—there were a lot of boxes of provisions—after we started we stopped first at Greenhithe, where the mails came on board—I should say the mail boxes were about 4 feet long, 1 foot high and 2 feet broad—they were put in different cabins below—I had a sea chest with me—it was about 2 feet broad, 1 foot 6 inches deep, and 4 feet long—it was kept in the ward room below the after saloon—there was no difficulty in getting it down there—on the voyage there was room in several places—the bath room had plenty of room in it and the after saloon—a state room opposite Mr. Kerry's room had things in it, but it was not full—the after saloon had different cases with books in and also a locker with books in it—it was not used for meals—there was room for plenty more things—between London and Las Palmas I remember some books being brought on deck, but I did not see what became of them—I helped to take them up—they were from the chain locker—I heard Kerry tell us to bring them up—they were not new, but they were clean—I saw them heaped up on deck—I did not notice Kerry then—between Las Palmas and Tristan I helped to bring some more books up from by the water tanks; either Mr. Freke or Mr. Kerry told us to do so—we made a heap of them on the deck—Kerry was standing by them—some were magazines and some were bound books—they were quite clean, because I looked at a lot of them down below—they were taken aft and I did not see any more of them until I saw some of them floating away behind the ship—about 150 or 200 had been got up from below—I do not remember ever seeing any of them again—there was some clothing which also came on board—I sometimes took a hand cleaning paint or brass work—I did it with rags and torn-up clothing which Mr. Kerry pave us—I always went to him for those things; he generally got them from a drawer in his cabin—I have used a small white knitted muffler for that work—I used both men's and women's clean underclothing—I saw some mail bags sent ashore at Tristan and some tea, sugar and flour; also a sack of books, but only one—they came from the mess room or the forecastle—they had been used by the crew after, Las Palmas—I went on shore at Tristan and stayed a week—during that time boats came from time to time between the shore and the ship—before we left Tristan we took some potatoes on board—there were two stoics with Cape Town addresses on them—the contents of one of those sacks were eaten on board—when we left Cape Town I saw some of the others in the same locker where they had been put—I do not know what happened t" them—after leaving Cape Town we went to St. Helena, where stores of sll sorts ffent ashore, condensed milk and cocoa and several things—I did not notice any large tins of Fry's Workman's Cocoa—at Ascension a travelling trunk and some potatoes went ashore—we did not take in any potatoes it Cape Town or St. Helena—the only potatoes which I saw come on board were these from Tristan—at St. Helena I remember some women coming

on board with curios—I bought some as well as some of the crew—we were told by Mr. Kerry we could have 5s. worth and we were to pay for them at the end of the voyage—he was to pay the women—I did not see anything that the women took away—I do not know what was in the travelling trunk which went ashore at Ascension—I went ashore there—I did not go to the Governor's house—at Sierra Leone some tools were taken off in a boat—I had seen them in London on board in the ward room—I helped to stow them away—they were wrapped up in paper—I stowed them away wrapped up as they were—Mr. Kerry said they were for the islanders and were about the best present they had—that was as I was stowing them away—he saw where they were stowed—at Sierra Leone I believe Hamblin brought them up, but I did not see him—they were put into the Britannia's boat—Mr. Kerry and Hamblin and somebody from the Britannia were there at the time—as they were handed over they were still wrapped up—I saw nothing to indicate damp of any kind—after Sierra Leone I had a touch of fever, so came home in the ship and went back to my father—while I was on board I looked at the books and read them; I turned over over a hundred—I never saw anything dirty or verminous about them—some I got from the mesa room and some from the forecastle—I looked at the majority of those which came up from by the tanks—there may have been a few which had been used by the crew and which were afterwards sent ashore at Tristan, which I did not look at—I saw nothing dirty or verminous about them—I helped bring them up to put into the sacks.

Thursday, January 11th.

G. H. SWORDER (Cross-examined). My father paid £40 for my food on the voyage—I do not consider that I got plenty—I could not get enough—I have recovered now—I have been at home some time—I was a perfect wreck when I arrived home—I think £2 2s. out of the £40 was returned to my father for a dog—I was taken ill at Sierra Leone, which is on the West Coast of Africa, and is rather an unhealthy place, and is called "The White Man's Grave "—I was attended by a doctor at the Azores, but I know I did not get £10 worth of attendance—I do not know the doctor's name—he did not intimate that he was attending me for nothing—fever leaves people rather weak—I was seasick at the beginning of the voyage and once afterwards—when I handed up the first lot of books I was seasick, but the second lot I was perfectly right—it was not the books which made me sick or the sight of the bugs—I saw the box containing the books of the Duchess of Bedford—I did not notice the name on the box—I noticed the box with the same amount of care with which I noticed the books—I cannot say that I went through each volume—I had plenty of opportunity of seeing the natives at Tristan—I did not suggest to any of them that the books which had been sent out had been thrown overboard—these photographs (Produced) represent the people and the landing of the boats and so on—I was there when some were taken—I did not help—Mr. Freke took them and, I think, Mr. Burlton.

Re-examined. There was supposed to be a natural history department—I cannot say how many young gentlemen parted with money for natural history and geology—I think there was one besides myself—he was named Cameron—I never heard of any natural history department—daring the whole voyage there was no question about natural history or geology—we were not very well fed—there is no truth in the suggestion that the newspapers were years old and full of bugs—I looked at the newspapers which were thrown overboard.

By MR. ELLIOTT. I was troubled with bugs quite the latter part of the voyage—I think I found two altogether.

By the COURT. I think the islanders are about sixty or seventy in number. [A member of the Jury stated that the island was seventeen miles in diameter and was practically circular.]

EDWARD WILTON HEARN . I now live at 14, Chetwyn Road, Southsea—on December 9th, 1904, I signed on as A. B. on the Pandora and I joined, I think, a day or two after—I remember some mails and parcels coming on board at Greenhithe—we anchored at Dover and on the way to Las Palmas I remember some books being thrown overboard—they had been kept in the chain looker near the forepeak—I took part in getting them up—I was sitting on the edge of the chain looker—there were a great many of them; we were three or four hours passing them up—I remember a Tarnished box called a service box among them; I did not see what was in it—after passing up the books I went on deck and saw a large number of them lying on the deck—I saw Mr. Kerry there about 1 o'clock while the boob were there; he said we could pick out what we wanted and put the rest overboard—I picked out twenty or thirty—the carpenter picked oat some unbound parts of "Cassell's Universal History," which I have here—I did not see these passed up—I selected magazines like the "Strand," "Harper's" and the "Illustrated London News "—I saw the books being thrown overboard—all the members of the crew took some—I do not know if all the others were thrown overboard—I never saw any of them again except what the crew selected; those we passed round when we had read them—we kept them in our mess room—they were in very good condition—none of those which I passed up or saw on the deck were objectionable or dirty—I saw another heap of books on the deck before we got to Tristan—I did not take any part in that—they were mostly illustrated papers like the "Graphic," "Illustrated London News," "Sphere "—I did not tee any books among them—I saw the papers in the wake of the ship; they had all been thrown over-board—I did not actually see anybody throwing them overboard—Dr. Newton was by the papers—he was the only person I saw there—I had just Passed them as I was going to the wheel on the upper deck—at Tristan I saw many of the islanders come off to the ship; some of the crew spoke to them and Mr. Kerry told us we were not to speak to them until he had Men them—I went ashore there—there were boats passing to and fro between the ship and the island—there were some on Sunday, February 19th, the day we arrived, and on subsequent days—I remember about fifty of the books the crew had been using, and which were in the forecastle,

being put into a sack or bag—the sack was passed up on deck to go ashore—I was on board when the ship went to the other islands, and I returned to Tristan in her—the last day we were there boats were going between the ship and the island—we went to Cape Town, when we stayed a month, and then went to St. Helena, where I remember a quantity of ship's stores going on shore in a barge or boat—I remember some Fry's Workman's Cocoa going ashore—this is the sort of tin (produced) which went—either two or three went; it was more than one—at Sierra Leone I saw some tools passed over the side—I had never tea them on the ship before—I saw there was an axe among them.

Cross-examined. There was a little trouble with me on board, and Mr. Kerry had frequently to complain of me—this document is in my writing (Read): "April 10th. Steam Yacht Pandora. This is to certify that I am willing to forfeit one month's pay from March 13th to April 12th 1905, and do also promise to perform my duties for the remainder of the voyage, hoping the past will be forgiven. E. W. Hearn. "

Re-examined. That was signed in the cabin on the Pandora at Cape Town—Kerry, Freke and Burlton were there—I had previously written to the shipping master in Cape Town telling him the way Kerry had been carrying on and relieving me of my duties and saying he would keep me prisoner in the ship at Cape Town—first I asked Kerry to let me see the shipping master; then I waited a day, and then I wrote to him, and I received orders a day or so afterwards to go and see him—I saw him and told him the facts of the case—Kerry said if I did not sign this paper he would keep me locked up in the cabin until we got to England and would not let me go ashore—I did go ashore at Cape Town afterwards—before I signed on to the Pandora I was two years second mate on a sailing ship—I was also in the Castle Line as quartermaster—I have got my discharges here—I have here a second mate's certificate and a reference for two years as second mate (Produced)—Kerry dictated this paper to me—the last sentence I would not write at first, but Kerry insisted upon its going down—he is not a man of mild manner on board ship—I am now twenty-seven years old.

By the COURT. I did not think there was any harm in reading the books which were handed round; if we had not kept them they would have gone overboard—I wrote home to my people from Las Palmas about the books, but they never got the letter.

JOHN FITZGIBBON . I live at 31, Broad Lane, South Tottenham, and on December 9th I signed on as an A.B. on the Pandora—at Greenhithe some mails and parcels of books I should think, came on board—I particularly remember two brown paper parcels; I think they had "To Tristan d'Acunha" on them, but I do not remember how else they were address—I should say they contained paper covered books like monthly magazines—one was put on the meat safe on the port side and the other was taken aft, but I do not know where it went to—I do not know whit became of them, but I do not remember seeing them again—before we got to Las Palmas I remember seeing some books thrown overboard—I remember seeing Kerry throw some over—I selected some myself out of the

big heap before we got to Las Palmas—I selected this book on Astronomy (Produced)—I did not notice any books thrown over after Las Palmas—at St. Helena I remember some stores going ashore and some Workman's Cocoa amongst them.

Cross-examined I was very hard up at the time I joined the Pandora—I was waiting for some other work and my money had not arrived—I was glad to get work on the Pandora; I asked Mr. Kerry to take me—I know my landlady went and tried to get some money out of him for me, as mine had not arrived from Australia—this (Produced) is a letter of mine which I wrote two or three days after we returned to England in the Pandora—I said in it that I had no money—since then I have been living ashore partly paid by the Treasury, and also I have been living on my own money—the Treasury pay me 5s. a day, bat I do not reckon that a vary great deal—I was getting 1s. a month and my food on the Pandora.

Re-examined. I believe the Board of Trade allowance for sailors who ire kept ashore is 5s. a day—I was on the Pandora for close on eight months—while I was on her I got £1 from Mr. Kerry and an allowance for tobacco and so on—I have my discharges here.

W. HAMBLIN (Re-examined). This is a sketch which I have made of the Pandora and the compartments and soon.

CLAUDE HAMILTON LYON . I joined the Pandora in December, 1904, and was on her until I was discharged at Shoreham in July, 1905—I signed on as an able seaman—I have been to sea before—at Greenhithe I remember some parcels coming on board—I remember two parcels in particular which were left on the deck—I remember an occasion before we got to Las Palmas when books were thrown overboard—I took from a number of books a bible, "Cassell's Popular Educator," two or three of Sir Walter Scott's novels and some magazines—I never saw any bugs in the ship until we got to Cape Town—this (Produced) is the bible; I wrote what is on the first page—I am a gentleman by birth and a son of a colonel in the Army—I saw a service box full of bibles and prayer books—during tat voyage the crew would sometimes want articles for cleaning purposes, which I used to get from Mr. Kerry—I got flannel things like pyjamas, only they were torn.

Cross-examined. I never saw Mr. Kerry throw anything overboard himself or heard him give orders to anybody else to do so—I had several magasines, about three copies of Sir Walter Scott's novels and "Cassell's Popular Educator" and a bible—the writing in this book (Produced) is mine and I have appropriated it to the extent of writing my name in it—I did not see any harm in that—I gave one of the bibles, which I had allocated to myself, to one of my colleagues on the ship—the bible, in which I wrote the statement, I left on board—I have been receiving 5s. a day.

Re-examined. The entry which I made in the bible was made on the date which appears there, May 14th.

CHARLES EDWARD PHILIP . I live at 139, Salcott Road, Clapham Junction, and sighed on as an ordinary seaman on the Pandora—I was on board when she stopped at Greenhithe on her way down the river

and remember some things coming on board, amongst them two bundles of literature in brown paper—I think one of them had the name of the Printing Press Association on it—I believe one was addressed to Tristan d'Acunha; one was very heavy—when I saw them they were on a meat safe on the port side—I saw Kerry tear the brown paper cover off a corner of each—I saw there were books and magazines inside—Kerry said, "Throw that d—rubbish over," and told us we could take some if we liked—I took three or four monthly illustrated magazines, as far as I remember, like the "Strand" or "Harper's "—several of the crew were there and, I believe, took some, and the rest were thrown over the side—that was at Gravesend—those which I took appeared in fairly good condition; there was nothing dirty about them, but I do not suppose they were new—the parcels themselves were in a good state as far as I saw—it was evening time and I had a lamp—before Las Palmas boob were thrown overboard and I saw one name in them, "F. Field, Ealing," and "S.P.C.K." and "R.T.S. "—I remember a wooden box containing bibles, prayer and hymn books, which were all new—they went over the side, but the box was kept—I should say about a thousand or more books went over before Las Palmas—while they were being thrown over-board I saw Kerry there—I saw nothing about their condition as being objectionable; I selected three of them; there was nothing dirty or nasty about them—I noticed others of the crew with books; I saw nothing objectionable about them—about a week before we got to Tristan I saw some more books thrown over; I should say a few hundred; then were several of R. M. Ballantyne's books there—at St. Helena I remember seeing some British Workman's Cocoa—on the voyage I had to do sons cleaning, and once at Cape Town I got a lady's night dress from Mr. Kerry for cleaning—as far as I could see, it was in good condition—I also got a white knitted scarf from him; I do not know where he got it from—we did not always go to him for things; sometimes we went to Mr. Freke.

Cross-examined. About the middle of the voyage I saw a great quantity of bugs—by the time we got to Cape Town they had just about stated to trouble us—the fleas did not cause us much trouble, although we had some—while we were at Cape Town we had a plague of bugs and spent a greater part of our time fighting them—we cleaned the place out and used paraffin, but still they came, and at last we had to submit, as they came in such numbers—I saw them practically all over the place forward—going home I saw them among the books and papers there—I joined the Pandora on a Saturday, and on the Monday I went to the quay in a boat, but I did not actually go on shore—while I was in the boat close to the quay a man came up and handed me a note—I did not know who he was—I do not know if it was 10 p.m., but it was fairly late and dark—he said, "If you send me information of what goes on aboard the ship I will pay you well "—at first he asked me if I was one of the apprentices and I told him no—it struck me as funny and I took the note to Mr. Kerry and told him what the man had said—I first gave it to Mr. Saunders, who was in the boat with me—at the Police Court I

said I saw the man who gave me the note—the witnesses for the prosecution were in court.

Re-examined. Before I joined the Pandora I had been on another ship and had been at sea for about four years—I have not got my discharges from other vessels here, but I have them—after Gravesend there was no trouble with bugs and fleas for several months; it was cold weather then—in wooden ships there are very often bugs, and in hot weather they come out of the wood—I could not see the man who spoke to me on the quay, because it was dark.

JAMES GIBSON . I now live at 3, Beach Villas, Crescent Road. Wood Green, and shipped as an ordinary seaman on the Pandora—before Las Palmas I saw a number of books thrown overboard—I selected three books, a bible, a geography book and a prayer book—they were quite clean—I saw nothing objectionable about the books which the crew selected—when we got to Tristan I gave those three books to the islanders and they seemed pleased to get them—on the voyage I remember doing cleaning work and at one time I used a piece of a woollen scarf, which was given me by Mr. Freke, who I saw receive it from Mr. Kerry—at Tristan some sacks of potatoes came on board labelled "Claremont Mansions, Cape Town "—I saw the smaller of the two in the sail looker after we left Cape Town—at St. Helena I remember some British Workman's Cocoa going into the tighter and at Ascensiort I remember a portmanteau going ashore full of books and coming back empty.

Cross-examined. I saw about a dozen books altogether thrown over-board—I was not about the ship like the rest; I was stoking part of the time—I suffered a little from bugs—as we went on they got worse—the bugs came first after we left Cape Town, and before that fleas; they came on board with us, I think, but I did not bring them—I remember the three tins of cocoa well—there was a lighter full of stores put on shore at St. Helena—I have been receiving 4s. a day.

Re-examined. Mr. Stone first came to me, and then I went to Scotland Yard—I went on board as an ordinary seaman, but I took to stoking, because there was nobody else to do it—I saw the books thrown over-board, between seven and eight bells—I was going to dinner and fell over them, so I know they were there—I saw them in the water between Las Palmas and Tristan.

HENRY JOHN STRICKLAND . I live at Gravesend and was formerly in the reserve of the Royal Engineers—I was on the Pandora on this voyage—I joined her somewhere about the end of November, 1904, as second engineer—before we reached Las Palmas I remember a quantity of books being thrown overboard, amongst them being 200 or 300 brand new testments, bibles, and magazines—I remember the stores being landed at St. Helena and some bumboat women coming on board with curios—members of the crew were allowed 5s. by Mr. Kerry—he paid the money which was to be charged against them and deducted it from their wages—as I was coming out of the engine room I saw one of the women come out of Mr. Kerry's cabin with a lady's brand new skirt of a dark nature on her arm—M., Kerry was then in the cabin; the woman went ashore—

we all had to sign receipts for 5s., which entitled Sir. Kerry to deduct 5s. from our pay, which was done—I remember the tools going away at Sierra Leone; they came from Mr. Kerry's cabin.

Cross-examined. I do not know the names of the bumboat women—I did not hear one called Mrs. George and the other Mrs. Gifford—I can not say if the women were paid—I am not aware that Mr. Kerry made frequent complaints about me—he interfered with my work—I did not have disputes but he had disputes with me—I do not know if Mr. Burltor paid the women—I was not in the cabin—I did not give evidence it the Police Court—I first saw the case in the papers; I sent a letter through the Superintendent of Police at the Thames Police Court addressed to "Mr. Bodkin, Esq.," asking the superintendent to kindly finish the address—I have not seen Mr. Stone in connection with this matter—I do not know him—I saw Inspector Ashley and I was brought here.

By the COURT. I wrote this letter to Mr. Bodkin about three weeks ago—I have not been paid anything—I live in hopes of being—I have lost two ships through coming here.

Re-examined. I have been twelve years under the reserves in the Engineers—I am not giving evidence for the sake of 5s. a day.

JOHN ASHLEY (Detective-Sergeant). I have been engaged on this case from the time inquiries were first made at the instance of the Colonial Office—after some time the matter was put into the hands of the Public Prosecutor and a warrant granted at Bow Street for the prisoner's arrest—I executed that on September 27th—the charge was for stealing on or about December 30th, 1904, a service box containing prayer and other devotional books on the high seas within the jurisdiction of the Admiralty of England, the property of the chairman of the Mission to Seamen—that is the service box produced at the Police Court and here—I reed the warrant to him—he said, "There is not the slightest foundation for it; I have never stolen a book in my life "—on September 28th a Magistrate in Sussex granted a search warrant, and with it I and Inspector Smale went to the Pandora—we went over it and made this list of the articles we found—it contains a list of the books found on the ship, about fifty four in all—they are those identified by the witnesses—we also found some articles of clothing—I have got a list of those identified, but not the whole of the property—I found two razors identified by Mr. Reynolds, two letters written to Mr. Morrish, a chisel with the name of Marples on it, a letter from Mr. Balfour, a way bill for the books from Mr. Morrish, and a receipt for the same, and a registered letter receipt for a letter addressed to him—amongst the clothing I found a lady's black coat, four ladies' cloth jackets, a skirts, eleven silk blouses, fifteen cotton blouses, eight petticoats, five woollen crossovers, articles of ladies' underclothing, two boys' flannel Skirts a lady's cape, a flannel jacket, a bundle containing stockings and things, two pairs of slippers, and two pairs of woollen gloves—amongst the skirts were those identified by Mrs. Moginie, and some of the other witnesses have identified other of the articles of clothing—in the cabin I found two sailors' kit bags with labels on them, which appeared to be freshly written, and had on them "Books to be returned to Tristan d'Acunha"—amongest

ether places where inquiries were made was Ascension, and while the case was proceeding at the Police Court and after the Duchess of Bedford and her secretary had been examined, a box of books arrived from Ascension, which was opened, brought into Court and identified by the Duchess and her secretary, on the day of their arrival—I found some note paper; I cannot say that I saw any envelopes—the paper had on it "Royal Colonial Institute," and I directed Inspector Smale's attention to it—Mr. Hussey Freke was there too—I should say there were about two quires there.

Cross-examined. I do not know that the Secretary of the Royal Colonial Institute had given Mr. Burlton permission to use the paper to tend out the circular letter—I did not arrest Mr. Kerry for stealing that paper—one of the sacks was open and one tied—the razors had not been used—they were found in a drawer, with a lot of soap which had I not been used, in Mr. Kerry's cabin—the razors, were in a better condition than they are now—I have formed no opinion as to the value of the fifty-four books and the articles of women's apparel.

By the COURT. When thieves steal things they do not generally leave things about in a ship—the Pandora came home in July, I think, and I searched her on September 28th—a number of books were in cases it the library; some had glass and some not—I cannot say if this looks like felony—the service box was given to a young man named Lawis, and he produces it—we did not see the majority of the witnesses until we took possession of the property—I had only seen the crew and Mr. Stone before that—the warrant is only as to the prayer books contained in the box.

The learned Judge said he wished to know what the evidence of fraud was. MR. GILL submitted that the prisoner was under the licence granted to him and was in the position of a public servant to discharge the trust imposed upon him; that to carry parcels was one of the conditions of his obtaining (he licence out of which he might make thousands of pounds after bringing back samples of guano and then floating companies, so in that way he was well paid for carrying parcels and letters; that the non-delivery of any article entrusted to him, unless there was a disposing of it by accident, brought him within the circle of misdemeanour; that the property that went on board the "Pandora" was not his, and he was not entitled to exercise any sort of discretion as to what was to be delivered to the islanders; that there was fraudulent conversion at the very threshold of the case when clothing was to be sent to Cape Town to be called for and be taken to Tristan, so he acted as though he were the owner of the property; that the throwing overboard of the property at Grovesend was fraudulent conversion sufficient to establish a case under the Act; that throwing property overboard before reaching Tristan was conversion; that no answer had been made to the charge under the Malicious Injuries Property Act; that the non-delivery of property at Tristan, when there was evidence of abundant opportunity for delivering it, was a fraudulent conversion; he also submitted that although the prisoner was at Cape Town for a month, he never said a word to the authorities that he was in possession of property belonging to the islanders, which was evidence of his intention to convert; that there was evidence of fraudulent conversion

when the prisoner sent a portmanteau of books ashore at St. Helena and of the tools being sold at Sierra Leone; he also submitted that with regard to wilful damage there could be no answer under Section 51 of the Act, and that it was exactly the same as if the books had been burned. MR. BODKIN supported MR. GILL'S argument and submitted that fraudulent conversion was simply another word for diversion of the property from its proper course which diversion is fraudulent (Q.v. Wynn, 16 Cox, page 231); that in law a man has to be dealt with upon his arts, and the Jury wire entitled to draw their inference from his acts, and therefore the case should go to the Jury; that it is not necessary to show any advantage to the person converting, although in this case advantage to the prisoner teas shown by the sale of the cocoa and tools, although no "lucri causa" is now necessary, as it was in the old law (Q.v. Cabbage, Russell and Ryan, page 292; Q.v. jones, I Denison, 188; Archbold, page 443; Q.v. William Privett, I Dennision, page 188). MR. JUSTICE GRANTHAM ruled that, however wrongly the prisoner may have acted, there was no evidence-of fraudulent conversion, and that there was no ease to go to the Jury.


8th January 1906
Reference Numbert19060108-170
VerdictNot Guilty > no evidence

Related Material

170. THOMAS CARADOC KERRY was again charged on three other indictments for stealing certain articles, the property of Frank Stone, Mary Du Caurroy, Duchess of Bedford, and Henry Hehlen Morrish.

MR. C. F. GILL, K.C., for the Prosecution, offered no evidence.


FOURTH COURT.—Thursday and Friday, January 11th and 12th, 1906. Before Lumley Smith, Esq., K.C.

8th January 1906
Reference Numbert19060108-171
VerdictNot Guilty > unknown

Related Material

171. ROBERT LEWIS, otherwise EVAN GWYNNE (57), and GEORGE YOUNGE JOREY (36) , Conspiring together to cheat and defraud the Central Advance and Discount Corporation and others of their moneys and property, and thereby obtaining their goods and money.

MR. C. E. JONES and MR. W. GRANTHAM Prosecuted; MR. OLIVER Appeared for Lewis and MR. RODERICK for Jorey.

DANIEL BARRETT LOACH . I am a member of Wood & Loach, estate agents at Fore Street, Edmonton—on April 8th, 1904, Lewis wanted to take a shop in Fore Street, Edmonton to sell china and glass by auction—he wrote us on April 11th, giving as references: Mr. John Adams, china and glass merchant, Ilford, and D. Smythe, glass factor, 11, Chapel Place, Chapel Street, Islington—we wrote to Mr. Smythe, but had no reply—on the 17th we had a letter from John Adams (Read: Stating that he had known Lewis in business for years and "a straighter and better business man I do not want to know ")—Lewis gave us a further reference to a Mr. Hawley—we wrote to him and got this reply (Ex.30) (Read: Stating that he would prove a desirable tenant)—we did not let Lewis have the premises—we did not make any personal inquiries at Harringay; we heard indirectly—I went to Breckenham Road, where Lewis was living, and saw him—I did not know who Adams, Smythe or Hawley were.

Cross-examined by MR. OLIVER. There was no difficulty at that time as to the ownership of 241, Fore Street—we were acting in conjunction with a City firm—that was not the reason the negotiations fell through with Lewis I know that he took the premises some time afterwards through others—I do not know that he was doing a very large business there—I knew that he fold several descriptions of goods—I do not know about it being a general store or what went on there of an evening, as I left the district after closing oar office each night—I had nothing to do with the premises at that time—I do not know the exact date the premises were taken out of our hands—I should think it was about eleven months afterwards that he took them.

Cross-examined by MR. RODERICK. I do not know Jorey.

Re-examined. This is one of our letters to the prisoner (Read: Stating that the landlord was agreeable to accept Lewis as a tenant providing he gave a banker's reference or paid a quarter's rent in advance)—in reply he wrote tail (Read: Stating that the writer must decline the offer).

HERBERT WAITES . I live at Wood Park Lane, Tottenham, and am a clerk to Messrs. Frith & Garland, auctioneers and estate agents—in the beginning of November, 1904, Lewis came to us as to renting 72, Grand Parade, Harringay—he eventually took the premises on a monthly tenancy at £65 per annum—he paid a month's rent in advance—we received a letter of November 11th, 1904, signed "Robert Lewis, trading as Evan Gwynne & Co." (Stating that his reference was Mr. A. Hawley, glass importer, 24, Sebright Street, Bethnal Green, E.)—Lewis remained there about two months—I know that a Mr. Ben Gee used the shop periodically—he recommended Lewis to us—Lewis remained there till about the end of December—the premises after that remained closed—china and glass ware was sold by auction there.

Cross-examined by MR. OLIVER. Ben Gee had the premises at different times for short periods—he sold goods in the same way that Lewis did; it was cheap china, a sort of cheap jack—Ben Gee paid his rent and Lewis paid his—he owed us nothing when he left—I do not know whether he made a bit of a success there—we made inquiries as to him and did not feel disposed to continue the tenancy—his rent was paid in advance each month—we did not call on his references; they were written to.

Cross-examined by MR. RODERICK. I do not know Jorey.

Re-examined. I do not remember having in April a tenant named. Hawley.

WILLIAM PYE ENGLISH . I am an estate agent and surveyor at Tottenham, and carry on business with Mr. Alfred Richards—in March, 1904, I saw Lewis with reference to hiring 241, Fore Street, Edmonton—he gave as references Mr. Adams, 78, King Street, Hammersmith, and Mr. William Aaskey, 3, Gilpin Crescent, Edmonton—we wrote to Adams and received this reply (Stating that "You will find him in every way a most satisfactory tenant. Yours faithfully, John Adams ")—we received a reply from Mr. Aaskey, dated March 13th, 1905 (Stating that "There is no doudt about hit being reliable and responsible, and he should do well in the premises ")—on April 19th we received a letter, dated the 18th, from Lewis—we let him the premises—the following month 243, Fore Street,

was taken in addition—I do not know whether Adams carried on business at 78, King Street, Hammersmith—Lewis said that Mr. Aaskey was the landlord of the premises he was residing at at the time he made the application for our premises—he did not tell me that he himself had written the letter for him or that Mr. Aaskey could not write—a further reference was given to Messrs. Frith, Garland & Co., to whom we wrote and had a reply.

Cross-examined by MR. OLIVER. Lewis told me he had had premises from Frith, Garland & Co., at 72, Grand Parade, Harringay—he did not actually give them as a reference, but incidentally mentioned their name—I do not remember his showing me their receipts for rent—I would not say he did not—he may have shown them to one of my clerks—I did not see him on every occasion—Gilpin Crescent is less than half a mile from our place—I could have gone to see Mr. Aaskey if I had wanted to—I have not seen him, nor to my knowledge has one of my clerks—I haw not verified the fact that he was his landlord—the prisoner told me that Mr. Aaskey was his landlord at 100, Breckenham Road—I did not understand him to say that he and his landlord were moving from Breckenham Road to 3, Gilpin Crescent—he took the adjoining premises at Fore Street because he wanted to make a larger show; he had not room in the one place—he did not spend a considerable amount of money on the premises; just a little fitting up for showing his goods—at the time of his arrest he owed us two months' rent, £7, for 241, and nine weeks, £6 15s., for 243—all the rent was payable in advance—that would be up to December 1st—he was arrested in November.

Cross-examined by MR. RODERICK. I do not know Jorey, nor had I ever seen him before this case came on.

ARTHUR MACKENZIE GREEN . I am a painter, living at 35, Breckenham Road, Edmonton—I worked for Lewis for five months prior to his arrest—I had seen him previously—I knew him as Evan Gwynne—I first knew him as Lewis two months after I was working for him; I painted his two shops in Fore Street—I saw Jorey twice whilst I was employed there—he came into the shop—Lewis was there both times—he appeared to be a friend—the second time he came I was unpacking a crate of china—he came in and spoke to Lewis and then they went into the parlour—I did not see him any more that day—he saw what I was unpacking—I took in a letter once at my house for a Mr. Adams—Lewis said it was a friend of his—I gave it him the next morning.

(Cross-examination postponed at MR. OLIVER'S request. See page 522).

Cross-examined by MR. RODERICK. I only saw Jorey twice in the five months I was with Lewis.

GEORGE FRIENDAY (Detective J.) I have known Jorey about five years and Lewis over three years—it is within my knowledge that two or three years ago they were associated together—I am able to say that Lewis would know that Jorey's name was not Wilson—Jorey would know that Lewis' name was Robert Adams Lewis.

HENRY ROCHE (Detective-Sergeant N.) I am stationed at Edmonton—on November 9th last I went to Lewis' premises, 241, Fore Street, Edmonton?—

had a warrant—I told him I was a police officer and that he would have to go with me to the police station—he said, "All right "—at the station he was charged with obtaining money by means of worthless cheques with intent to defraud—he said, "I emphatically deny the charge and I have never seen a large portion of the goods included in the latter charge, but the first portion I admit "; that is, he admitted receiving the goods—I searched his premises and found a large number of documents which are in evidence here, which included a number of County Court summonses and judgments.

Cross-examined by MR. OLIVER. I found the documents in a large wooden box; it was like a waste paper basket—I have been into Lewis' shop; he sold a lot of china there, chiefly at night time—I cannot say if he had a turnover of from £50 to £80 a week—I daresay it was so, but I do not know what the profit was—he sold the goods cheap; that was the cry of the place: "These are going very cheap," and there was a crowd round every night—I do not know if he sold what are called "seconds "—I do not understand the business—I made no inquiry as to the business—the majority of the addresses found at Lewis' were those of people that he dealt with—I do not know who "Mr. Brooks" is—I did not know him when he was at 72, Grand Parade—I saw an auctioneer at Lewis'; he did not himself sell—I have seen three people, employed there besides himself—I do not know that in October a firm of accountants were endeavouring to arrange payment for some of the goods.

Cross-examined by MR. RODERICK. I never saw Jorey before his arrest.

Re-examined. I found no ordinary business books there, not the ordinary trading books I should expect to find with people in a large way of business.

EDWARD NEW (Detective-Sergeant, N.) On November 23rd last I received a warrant for Jorey's arrest—I saw him at 8 a.m. on the 21th at his house and read it to him—it charged him with conspiring with Lewis to cheat and defraud—he replied, "I know something about this, but I do not see how they could have got a warrant against me. I put on the order 'Cash on delivery' and it is Fagan's fault if they let them have the goods without the money "—I took him to Edmonton, where he was charged—he said in reply, "I understand"—at the time of his arrest I searched his house and found in an envelope a packet of papers (Ex. 80)—they relate to some proceedings brought by him against a man named Simpeon—in one there is, "Witness, F. Tumor, James street, Essex Road, chandler's shop"—I also fourd several memorandum books of his—in one there is, "W. Brooks, 24, Sebright Street, Bethnal Green"; also "L., 110, Breckenham Road"—"L" stands for Lewis—it Jorey's I found a rug on the floor—he saw me looking at it and said, "That is bought and paid for. I had it from Hilton & Siddall's "—T also found there some pocket books of his—in one there is an entry of "H. Krussr" with the word "Victoria," also "A. J. Prout" with an address and several other names of trading firms—a good many of them had sued him, as referred to in the packet of judgments or writs I found.

Cross-examined by MR. OLIVER. I should say there are about twenty

or thirty names in Jorey's books—I have not counted them—six or seven refer to firms that Lewis dealt with—they had sued him.

Cross-examined by MR. RODERICK. I only arrested Jorey for conspiracy on this warrant—the book I found is an ordinary address book—I do not know that it contained his father's name and address.

THOMAS JAMES JOLLY . I am a printer at Fore Street, Ednionton—I have done work for Lewis as Mr. Gwynne—he gave me the three order, Exhibits 137, 138 and 139, in the name of Hawley, Adams and Gwynne, 200 of each—I was paid for them by Lewis—when he ordered them he said Hawley and Adams were customers of his—I have done other work for him, such as invoices—I have also done work for Ben Gee, introduced by him—I was always paid cash on delivery—I do not know Jorey.

Cross-examined by MR. OLIVER. The Adams' order was in 1904 and the others last year.

RICHARD NANCARROW . I am manager at the Edmonton branch of the London & Provincial Bank, Fore Street—on June 6th, 1905, Lewn opened an account as Robert Lewis, trading as Evan Gwynne & Co., 241 and 243, Fore Street, Edmonton—I produce a correct copy of then account as in the books from August 23rd to October 19th, 1905, when it was closed—on August 28th there is a cheque payable to Pahl for £10—on that day the account was overdrawn 5s. 5d.—that was the only occasion on which I allowed it to be overdrawn—the largest amount to his credit is £19, on September 4th, which the same day was reduced to £8 9s.—after that date there was never as much as £10 standing to his credit—he had his pass book made up very frequently; I should say three times a week at least—he had it made up on September 16th, 20th, 25th, 27th, October 2nd, 9th, 11th, and it was handed back to him on the 17th, when the account was closed—there are two occasions when there were acceptances of a man named Hawley, October 2nd, £5 and October 7th, £5—on October 7th the prisoner asked me for a new cheque book, which I declined to give, as the account had been too troublesome; I mean by drawing cheques and having them dishonoured—he asked me to allow him to continue the account a little longer, because he was getting over his financial difficulties, and he would keep the account more satisfactory in the future—I asked him to embody that promise in writing, which he did—I told him if he broke his promise I should insist upon the account being closed forthwith—at that time he mentioned three cheques—he asked me not to pay them, but to return them, as he specially wished them not to be paid—on October 7th ho had to his credit £3 13s. 5d.—on the 9th £5 3s. 10d.; I could not pay the cheques out of that—after October 6th there were six cheques dishonoured; three were dishonoured after his account was closed.

Cross-examined by MR. OLIVER. Lewis' account was very satisfactorily kept during June, July, and August—there was generally a balance of £20 or £30 during that time, not more—he was paying in a good deal and paying out a good deal—I presume it was for goods MR. JONES said that at the Police Court it was stated that the total amount paid into the

account was £474]—I should say for a man of his position he was during June and July doing a very fair trade.

Cross-examined by MR. RODERICK. Jorey drew no cheques on my bank.

WILLIAM EDWARD HAZELGROVE . I am a cashier at the Bermondsey branch of the London City & Midland Bank—I knew Jorey as Charles Wilson, of 150, Southwark Park Road—he opened an account at our bank in that name on July 25th, 1904—on September 23rd his balance was 6d.—from September, 1904, to April, 1905, there was practically no business done with him—his balance at the end was 2s. 6d., and then the account wii closed—on August 9th, 1905, there was an overdraft of £3 5s. 8d., bat £4 was paid in to meet it—on August 25th there was an overdraft of 10s. 11d.—when he opened the account we asked for a reference and received a letter from "F. Turner, ls, James Street, Essex Road," dated July 26th—a good many of his cheques were dishonoured—this cheque, drawn by Charles Wilson to T. Charming for £7 5s., I should say is in Jorey's writing; it was dishonoured—at the time the amount to his credit was 6d.—this is another cheque returned marked "N.P.F.," dated October 15th—there was then 6d. to his or edit—this (Ex, 141) is a bill drswn by him for £13 13s. 4d.—it is backed by "Harry Kruser. "

Cross-examined by MR. RODERICK. He may have given us two refences—one was possibly to a customer, in which case We should have called upon him—they must have been satisfactory—I know he kept a china and glass shop at 160, Southwark Park Road—as far as I knew, it was a legitimate business—I did not know that he had had a robbery—this is the first I have heard of that except at the Police Court—a question was there put to me by the prisoner on that subject—at his request we closed his account—I did not know his name as Jorey.

Re-examined. I have here a list of Jorey's overdrawn cheques—the first one is to Mr. Ben Gee, of August 17th, 1904.

HOWARD ALBERT SMITH . I am a traveller to William Fagan, hardwire merchant, of 73, Great Eastern Street—in July, 1905, we wanted a traveller and advertised for one—we received a reply on July 12th from 186, Richmond Road, Ilford, signed H. G. Jorey—he was subsequently encased by Mr. Fagan on a month's trial—I saw him whilst acting as traveller—he left at the end of the month—he got five or six orders, amongst them one from Evan Gwynne & Co., 241 and 243, Fore street, for £ 4 12s. 8d.—that account was marked "Less 5 per cent, cash on delivery "—I believe the order was sent through the post—the goods were delivered—the order is in Jorey's writing—we expected a remittance by return for the goods—it did not come—we have never been paid or had anything on account—I called on Gwynne & Co. (that is Lewis), and in my presence he wrote a letter (Read: Stating that a cheque would be sent in about ten days)—he did not tell me his banking account had been closed on October 16th when he wrote the letter on the 21st—we had to sue him, but have not got our money.

Cross-examined by MR. OLIVER. I collect accounts—I do not usually when a man has got no money at the bank that he usually tells me

so—he generally makes some excuse—Lewis made an excuse—he told me he knew Jorey and that he sold him these goods.

Cross-examined by MR. RODERICK. We had two references from Jorer—they were satisfactory—he was on salary—I did not personally engage him; Mr. Pagan did—I do not know where Mr. Pagan is—the money is due to him, not to me—I say that all the orders, other than Lewis', obtained by Jorey, have not been paid for—there is one order in Barking Road, but I think it will be all right—we had not a warning that we were not to deliver the goods without the cash—he did not give Lewis' name as a likely purchaser of goods.

Re-examined. Mr. Pagan is in London.

Friday, January 12th.

HENRY WATSON . I am manager to Messrs. Siddall and Hilton, mattress makers, Chapel Street, Forest Gate—Lewis came to us on October 10th, 1905, as Evan Gwynne & Co., of Upper Edmonton—he wanted to buy some goods—he gave as references John Adams and Albert Hawley, of Upper Edmonton—he said they were china and glass merchants—I wrote to Hawley—the letter came back through the Dead Letter Office—I wrote also to Adams, but received no reply—he ordered about £20 worth of goods, about £7 worth at first and the rest to follow as soon as the reference had been confirmed, and he would send a cheque on receipt of invoice—we sent an invoice, which was for rugs, among other things, for £7 19s. 3d. net—we sent those goods—we never received a cheque or cash—I saw the prisoner at Edmonton, and as he could not give us a cheque I proposed to him that he should give us an acceptance—we wanted an acknowledgment of the receipt of the goods—this acceptance (Ex. 33) was sent to the firm at Finsbury Park—we received this letter (Ex. 34) from the prisoner enclosing it—we put the matter into our solicitor's hands for collection—we sold no rugs to Jorey—if he stated that he bought one from us it is not correct, so far as I know—a James Prior has a credit account with us and has had for about two years—he had an address at 623, Romford Road, Manor Park.

Cross-examined by MR. OLIVER. Prior is a respectable man, as far as I know—we have more than one place of business—when Lewis wanted our goods I do not think we were overstocked and glad to get rid of some—it is possibly one way of getting rid of goods to say that one is overstocked—we wrote to him in August in reply to his inquiry, but he did not come to buy goods until October 10th—the goods were delivered to him by Pickfords and signed for—we got the acceptance from him because we were unable to get a copy of his signature—the matter was then in the solicitor's hands—I had called at his place and seen our goods there—I was asked by the firm to get the evidence of his having had the goods, and I did so—I do not know that anyone called on my firm in the Blackstock Road stating that Lewis required time to pay as he was in an unfortunate position—Lewis told me unreservedly, when I called upon him, that he was in difficulties—I do not remember that he if he had time he would be able to pay—he said he was changing his

banking account and would give a bill at a month—I had not seen his place of business before sending the goods—I could not make out what sort of business he carried on, as the doors were always shut—some of our customers do sell their goods by auction at night, but they are always open during the day for sale by private treaty.

Cross-examined by MR. RODERICK. I do not know Jorey.

Re-examined. I do not know if these auctions are sometimes held at knock-down prices; I never attend them.

CHARLES LEWIS ROBINSON . I am one of Messrs. D'Almaine, pianoforte dealers, of Finsbury Pavement—I remember a Mr. Lewis signing am agreement with us—I cannot swear it was the prisoner, as I only saw him once—I had some correspondence with him—he called on August 9th, 1904—at that time this card (Ex. 39) was handed as reference—it has on it: "References: A. Hawley, 178, Millfields Road, Clapton, and J. Adams, la, James Street, Canonbury "—the piano was worth twenty-eight guineas at so much a month—we wrote to Clapton and had a reply (Ex. 40, read: Stating that Mr. R. Lewis' was a thoroughly reliable, honourable and capable man of business and "You will be perfectly justified in carrying through any business with him ")—we let him nave the piano—£2 2s. was paid by cheque, which was met—later we received another instalment of £2 by cheque, which was dishonoured—we had several letters of excuse from the prisoner, one being signed, "For Mr. Lewis, John Adams "—I do not know who "John Adams" was—Lewis had the piano on August 11th or 12th—I parted with it, relying on the statements in the letter we received being genuine and correct.

Cross-examined by MR. RODERICK. I do not know Jorey.

WILLIAM KINGSWELL . I am manager in the retail department of the James Cycle Co., Southampton Row—we received a letter from Lewis of November 30th (Ex. 107), from 100, Breckenham Road (Stating that the writer was desirous of buying a bicycle on gradual payments and "I am manager to the firm, whose card I enclose, to whom you can apply for reference ")—that is signed "Robert Lewis "—the card enclosed says, "Evan Gwynne & Co., China and Glass Merchants, Grand Parade Harringay "—we sent him an order form and received it back with this on: "Being over age, I herewith give the name of a gentleman who will say if I am to be trusted, 'Evan Gwynne, Esq., 72, Grand Parade, Harringay' "—we wrote to Evan Gwynne, and received the reply (Ex. 111: Stating that Mr. Lewis was to be trusted perfectly)—we wrote to the prisoner that the bicycle would be ready in a day or so, and he sent for it, sending a deposit of £1—we have since had two instalments of £1 each—we have never seen the bicycle since, nor the money—we parted with it on the strength of the reference from Evan Gwynne, believing it to be true and genuine—the prisoner tried to get some more bicycles, but we decided to wait—I know nothing about Jorey.

RACHEL GARNHAM . I am the wife of Walter Garaham, china and glass dealer, at 176 and 178, Millfields Road, Clapton Park—I have known Lewis about ten years as Mr. Lewis only—I do not know his christian name—we have lived at our address for about two and a half years—

I have never known anybody called "A. Hawley" or "Albert Hawley "—we have one lodger; he is not Hawley—I have never seen Lewis me receipts.

Cross-examined by MR. OLIVER. He called, I believe, for a letter left with us—he had no one with him—I know he had a place of business somewhere at Edmonton.

Cross-examined by MR. RODERICK. I do not know Jorey.

WILLIAM BASINGTON MOORE . I am a house agent at Islington Green—I let a workshop, 1A, James Street, Essex Road, on January 23rd, 1903, to two men, Mr. Gee and Mr. Turner—they left in December, 1904—I knew nobody named John Adams or Hawley there or Donald Smythe or D. Smythe.

Cross-examined by MR. OLIVER. If they had been there I should not have known—I live about ten minutes' walk away—it was used for storing crockery and odd things in crates—I do not know Lewis.

Cross-examined by MR. RODERICK. I do not know Jorey.

WILLIAM HENRY UNDERDOWN . I am manager to Messrs. green, auctioneers, 72, King Street, Hammersmith—in January, 1905, we let 78, King Street, Hammersmith, to Mr. Benjamin Gee on a weekly tenancy—he was there from January 9th to the first week in April—I did not, in connection with those premises, know of the name of "J. Adams" or anything like it—Gee employed two people—I do not know their names.

Cross-examined. He carried on a china, glass and earthenware business by auction—railway companies brought crates there from the Potteries.

Cross-examined by MR. RODERICK. I do not know Jorey.

ESTEE STOWELL DANIELS . I am manager to Messrs. Ingersoll & Brother, watch manufacturers, of Ely Place, Holborn, in a large was of business—on September 6th, 1905, we received a letter, signed H. G. Jorey (Ex. 82), in reply to our advertisement for a traveller—he gave a reference to a Mr. Huggett—we engaged him and supplied him with about £10 worth of samples—we received four orders through him—in sending in an order he said he had received one from Evan Gwynne & Co., but had torn it up—we told him he should turn in all orders to us and leave it to us whether they should be filled or not—we told him to return the samples, as ho was doing no business—Mr. "Gwynne" called and bought some goods for cash, which he took away—he subsequently wrote us for goods, but we did not want to do any business with the firm, having investigated the matter.

Cross-examined by MR. OLIVER. We took Jorey simply on Mr. Huggett's reference—we knew nothing of him having a connection with pawnbrokers.

Cross-examined by MR. RODERICK. He mentioned the word "pawnbrokers" in his reply to our advertisement, but why I cannot tell you—I think he gave three references—I do not remember if they were all satisfactory—one of his orders was from "Marshall & Co. "—we filled it but have not been paid—we cannot find them—up to the time we hired

Jorey we thought he was worthy to be one of our travellers; we did not think so very shortly afterwards—he warned us not to give credit to Gwynne.

FREDERICK HUGGETT . I am one of F. Huggett & Co., cabinet makers, of Bethnal Green—I know Jorey by sight—he worked for us for about six months as a traveller—this letter (Ex. 81) was not written by us—it is signed, "F. Huggett & Co. "—it was not written by our authority (Stating that the writers had known Mr. Jorey for the past fifteen months and they had always found him businesslike and honest)—that was not true as to the time.

Cross-examined by MR. RODERICK. My brother engaged him—he collected for us about £20 sometimes in a day—he always paid it over—there is no reflection on his honesty—I cannot say if this signature, "F. Huggett & Co." is his writing—I am sure it is not my brother's—he was working for us up to his arrest—I knew he travelled for Ingersolls—there was nothing wrong in that as far as we were concerned.

TIMOTHY LAING COLLISON . I am managing director of Laing Collison & Co., wine merchants, of 12, Savage Gardens, Trinity Square—in September last a man named Allison applied to us to be a traveller—it is untrue, as stated on this order of Ingersolls (Ex. 83), "Sold to William Allison," that he was a merchant at our address—this seems to be Allison's writing—we did not engage him (It was stated by Counsel that it was the first order set by Jorey for Ingersolls)—he lived at a coffee house in Aldersgate Street—"Smith" was over the door—Jorey is not the man I knew as Allison.

Cross-examined by MR. RODERICK. I do not know Jorey—I know Allison, but not well—I have nothing to compare his writing with—this signature is, I think, his writing—I have never seen Jorey's signature.

SILVIO MATERNO . I am one of Materno & Kalf, wine and spirit merchants, Fore Street, London—I engaged a man named Allison last May—he was on a month's trial—he was on commission, salary and expenses; after that commission only until his arrest in October, 1906—Jorey was engaged by us on June 12th, 1905, so that he and Allison were there together—I had two references with Jorey, one from H. Kruser and the other Allen k Co., disinfecting fluid merchants, West Ham, Head Office, Romford Road—Jorey was then staying at the Old Bell, Aldersgate Street, and later at Smith's coffee shop, 183, Aldersgate Street.

Cross-examined by MR. RODERICK. Jorey was not successful as a traveller—he was not dismissed.

Re-examined. Allison was arrested in October last for embezzling from my firm. [The COURT stated that this evidence threw no light on this charge of (conspiracy.]

ELLEN WALKER . I am a waitress at Smith's coffee shop—I know William Allison—he had a room at our place—he travelled for wine and pint merchants—letters used to come for him.

Cross-examined by MR. OLIVER. I never saw Lewis.

Cross-examined by MR. RODERICK. I do not know Jorey and never heard of him.

JOHN WRIGHT . I am a clerk at the Central Advance k Discount Co., 84, Charing Cross Road—I believe that in May, 1904, we had an application

for a loan from Charles Wilson and Robert Lewis—an advance was made by cheque to Charles Wilson—we received a promissory note signed by Charles Wilson and Robert Lewis for £11 5s. 9d.—we have received no repayment—County Court proceedings were taken and judgment got, but we have not been able to get anything under it.

Cross-examined by MR. OLIVER. When Wilson first came for the loan he gave someone else than Lewis as security, but he was not accepted—then Lewis was given and inquiries were made—someone went down to see if he had a shop.

Cross-examined by MR. RODERICK. Ours is a limited company—we are a money-lending and discount company—I do not know what the rate of interest works out at on this loan—it is not 60 per cent.

Re-examined. This loan was for twelve months.

ISAAC LAZARUS . I am one of Lazarus & Rosenfeld, of Bevis Marks, china and glass manufacturers—Lewis called on us in October, 1905, and purchased a quantity of goods, terms "cash on delivery "—he said he would send his man for them and give us the money—he fetched the good in two deliveries—he did not pay cash—he gave a cheque which was dishonoured—we then gave the matter into our solicitor's hands—we parted with our goods because the man sent a cheque for them; we thought on the Friday he was all right enough for them and on the Saturday he sent for the other parcel of goods before there was time for the cheque to be met—all the goods could not be got on to the barrow at one time—I knew Jorey as "Wilson "—he came to me in August, 1904, I think—he bought a parcel of goods, which he paid for partly, and then he came again for a larger parcel—we did not get any money after that—he had goods of the valve of £2810s. 9d.—I also trade as the Empire Porcelain Co., at Stoke-on-Trent—Jorey owes us altogether £40 17s. 10d.—we sued him and had judgment by default in September, 1904—that has not been satisfied—Jorey could not be found—we had substituted service.

Cross-examined by MR. OLIVER. There was no dispute between Lewis and myself as to the goods delivered—he wrote that certain things had not been lent—nobody came to us to say he was in difficulties and would we wait?—I have not heard that he was making arrangements by a firm of accountants to pay his creditors.

Cross-examined by MR. RODERICK. When Wilson's cheque for £38 was dishonoured I did not see him after that—he did not tell me that there had been a robbery at his place—I do not know that the bailiff was in possession of his private residence at Chelmsford—I know of no connection between the two prisoners.

CHARLES WILLIAM HAYNES . I trade as the Empire Enamel Co., of Red cross Street, Southwark—in August, 1905, our firm received a letter from Evan Gwynne A Co.—I called on Lewis at Fore Street—he told me he was the proprietor—he gave me an ordinary order in the first place, and then he asked if we had any sample goods—I told him we had six cases—he asked if we would send on a sample case by return, and he would want the others for certain—we sent a sample case worth £5 10s. 11d.—they were assorted job hardware goods—we received a cheque, which was

dishonoured—it was paid in twice, with the same result—I called on the prisoner, who promised that we should be paid—he said he had just had a great loss—I received a post card from Charles Wilson about nine or twelve months ago—I went to the address given in Southwark Park Road—I saw Jorey—I knew him, as he was a fellow traveller with me in a previous firm—one of the first questions he asked me was if we could give credit and I said, "No "—I gathered he was the proprietor of the business at that time—I gave instruction to our firm to send him no goods.

Cross-examined by MR. OLIVER. We do not usually sell job goods for sale by auction—there are men who do carry on cheap businesses of selling job lines—I went and saw Lewis' premises in August—the place was not then properly stocked; there was a large placard over the window stating that "This business will be opened with a stock of china, glass and earthenware "—August and September are rather slow times of the year in that business—when I went to see him about the cheque he did not tell me he was in difficulties just at that time—after the cheque was dishonoured, somebody called on me with regard to his financial position—I cannot say who he was—he told us if we re-presented the cheque in a certain time it would be met—all that was required was time.

Cross-examined by MR. RODERICK. It might be eighteen months ago that I went to see Jorey—I did not know him in connection with Gwynne & Co.

Re-examined. The time required to meet the cheque was unlimited.

GUSTAVE DIETTERLE . I am a clerk to Messrs. Pahl, dealers in glass and china goods in Farringdon Road—in August, 1905, Lewis called on us and bought goods worth about £23—the terms were cash on delivery—the goods were fetched away and two cheques were given—one was paid at due date—the other was post-dated, I think, September 29th—daring the times of the two cheques he came again and fetched away another lot worth about £22—the second cheque he gave us was dishonoured—he owes us about £40—he traded as Evan Gwynne & Co.

Cross-examined by MR. OLIVER. He wrote us saying that in consequence of the condition of some of the goods, he would have them on his hands for some time—he did not tell us when he called that he was short at the bank—he never said a word to me about it—he may have spoken to someone else—somebody from some accountants called to get us to allow the matter to stand over—it was some time in October.

Cross-examined by MR. RODERICK. I do not know Jorey.

HENRY DAVID REDGRAVE . I am book-keeper to the Rudge-Whitworth Cycle Co., Holborn Viaduct—we received an application from Robert Lewis, china and glass dealer," which gave as references: "Albert Hawley, Esq., 72, Grand Parade, Harringay, "and" Donald Smythe, 1a, James Street, Essex Road, Islington"—we wrote to both of them—we received this letter of April 22nd from D. Smythe (Ex. 46: Stating that the writer would certainly recommend the credit, as the result of several years' most satisfactory dealings)—we received this letter from Albert Hawley (Ex. 46: Stating that "You are perfectly safe in giving the credit")—he had the bicycle—all we have had for it is £1—we received another

application, signed "Gertrude Lewis," and supplied a bicycle—the two were worth £24 odd—all we have had in payment is £2 16s. 3d.

Cross-examined by MR. OLIVER. We did not call on the reference—there was nothing to prevent our doing so.

Cross-examined by MR. RODERICK. I do not know Jorey.

ERNEST ALBERT COCQUEREL . I am a director of Messrs. Cocquerel, glass and china merchants, Commercial Street, London—Lewis called on me in the name of Evan Gwynne in October, 1905—he selected goods of the value of £9 odd—they were to be paid for on delivery—we sent as invoice and he sent for the two top lines of the invoice to be delivered to his man, sending cheque for £4 2s. 10d.; that was 2s. 6d. more than the two items came to—we paid the cheque into the bank, but it was returned—we delivered the goods because we took it that the cheque meant money, and we thought it was all right—an October 14th he sent for the remainder of the goods, with cheque for £5—he had the goods, but the cheque was dishonoured—he owes us £9 2s. 10d.—we have received nothing.

Cross-examined by MR. RODERICK. I do not know Jorey.

HERMANN COLLIER . I am of the firm of Englander & Searle, Mare Street, Hackney, furniture manufacturers—I know Lewis, but not Jorey—I called on Lewis on July 24th, and he gave me an order far £6 4s. 6d. worth of goods—I think he was known as Gwynne—we arranged that he should have a preformed invoice and should hand cheque to the carman—I sent the goods and received the cheque, which was dishonoured—we subsequently received another cheque for £2, which was not met.

Cross-examined by MR. OLIVER. I called on him afterwards—he had an auction room business—it seemed to me as if a genuine busmen was being done—I do not know myself that someone has tried to make some arrangement for the prisoner as to paying his debts—that would be made to the firm, if at all.

JUSTIN HAAS . I am from Messrs. Laurie Lazarus & Benjamin, St. Andrew Street, Holborn—Lewis came to us on September 1st and introduced himself as Mr. Gwynne of Edmonton—he bought goods from us for about £8—a messenger came with a cheque and the goods were de livered to a carman, who came with a letter from Lewis—the cheque was dishonoured.

Cross-examined by MR. OLIVER. We had a letter from Lewis saying that goods were short and that others were not according to sample—we sued him and obtained judgment—our solicitor agreed to a reduction of the debt to £5 12s. 6d.—I do not know that the time for payment had not expired when Lewis was arrested—I do not know Jorey—I have not to my recollection served him.

GEORGE FIELD . My firm is Messrs. Faudel Phillips & Co., Newgate Street—I called upon Lewis at Fore Street, Edmonton, and got an order from him, having received a letter from him saying he was introduced to us by Mr. Ben Gee of West Green Road, and "We do rather large business with him. You can also address any inquiry to Mr. Albert Hawley, of 3, Gilpin Crescent, Upper Edmonton, glass factor" (Ex. 64)—we also

received Exhibits 55 and 56—the first parcel of goods he had were paid for by cheque for £1 2s. 11d., which was cleared—he had afterwards £7 worth of goods, which were paid for by cheque which was dishonoured.

Cross-examined by MR. OLIVER. I travel round London—there are plenty of people carrying on a similar business to the prisoner's—July, August, and September are quiet months—he carried on an evening auction business—I was satisfied he was doing a genuine business of that class.

THOMAS MITCHELL . I am employed by Messrs. Faudel Phillips & Co.—I remember goods being sent to Evan Gwynne—the first cheque was duly honoured, but the next for £7 was not.

JOHN BENJAMIN BLUNT . My firm is Blunt & Railton, Windsor Parade, Ilford—I have known Jorey since October, 1905—We cashed a cheque for him that was met—he afterwards came to my shop for 11s. 3 1/2 d. worth of goods, paying by cheque for £5 10s.—I handed him the difference of £4 18s. odd—that cheque was returned marked "N.P.F. "—it was payable to "E. Jorey," signed "Charles Wilson "—he did not at the time say that "E. Jorey" was his wife—I saw him and he said he had not seen Mr. Wilson and was unable to pay me till he did—it had not then dawned upon me that he was Wilson—I saw him a good many times about the cheque—he told me each time the same thing about Wilson except at the last he said that Wilson had become bankrupt and he could not find him.

Cross-examined by MR. RODERICK. I said before the Magistrate that I had had doubts about the cheque, that I spoke to my partner about it, that my partner said he had previously cashed a cheque for Jorey and that there was no reason why I should not cash it.

PHILLIP BRINKMAN . I keep the Bricklayers' Arms off Old Street—I know a man called Harry Kruser—he came to me in October, 1904, and handed me this cheque for £7 5s. 6d. drawn by Charles Wilson and indorsed "T. Channing" and "Harry Kruser "—I cashed it—he gave me this end of Wilson's—the cheque came back marked "Not provided for "—I went to the address given, 150, Southwark Park Road, and found it a closed shop—I was told they had been gone two months—I have made unsuccessful efforts to find Wilson—I do not know the prisoners.

JOSEPH KEMP . I am a licensed victualler in New Kent Road—in April last a man named Harry Kruser came to me with a bill of exchange (Ex. 141), dated April 8th, 1905, drawn by himself and accepted by Charles Wilson, for £13 13s. 4d.—I lent him £3 on it—I paid it into the bank the following week and it came back unpaid—I re-presented it and it was again returned—I received in October, 30s. on account; enclosed with it was a letter from some solicitor, I think, but I forget who it was.

Cross-examined by MR. OLIVER. I have seen Lewis once.

Cross-examined by MR. RODERICK. I looked upon it as a debt—I do not look to either prisoner to pay me back the money—I do not suggest that the bill was a forgery.

THOMAS HENRY GURRIN . I am a professional expert in handwriting—I have made a list of documents in this case, which I have compared with what has been shown to me as the proved hand writing of Jorey—the

cheque for £7 5s. indorsed "T. Channing" and "Harry Kraser" was shown to me as the basis of comparison of his writing—as regards Lewis, I have taken Exhibit 6 as the basis of comparison, signed "Evan Gwynne "—I say that Exhibits 2, 3, 4, 30, 39, 40, 42, 43, 45, 46, 95, 118, 119 and 120 are all in the same writing to the best of my belief.

Cross-examined by MR. OLIVER. I was the expert in the Beef case—I deny that I caused his conviction—if anybody perfectly imitated writing it would show the same characteristics.

Cross-examined by MR. RODERICK. I have said nothing about Jorey.

Re-examined. If somebody took the trouble to imitate Exhibit 6 it would show similarity if they did it well.

Lewis' statement before the Magistrate: "With regard to the statement made by the prosecuting solicitor, when I was security for that loan, they sent a representative and made every inquiry into my business and standing and then and thenceforward to the time of my arrest I have carried on a perfectly legitimate and bona-fide business in every way. I had no interest whatever in obtaining the loan, and in the last two years I have paid away just upon £3,000 for goods, about £1,200 of which was paid during the four months I was at 241, Fore Street. The whole of the cheques not paid were given within two or three weeks of my arrest.

" ARTHUR MACKENZIE GREEN (Recalled. Cross-examined by MR. OLIVER). Lewis was at 243, Fore Street, when I started to work for him—it was a bird shop before he went there—it was dirty—I painted and cleaned it up, for which he paid me—he found all the materials—he himself worked early and late to put the place right—when I had finished I stayed on to assist him in the business—a good trade was done there, I think—there was another man with me part of the time and two boys—Mr. Gee sold for the prisoner at 241—there was a row between them; I remember that—Gee took away a lot of goods—when he left, Lewis had to get someone to carry on the auctions—the fresh auctioneer used to drink, and they had some words—he left and there were no more sales—I cannot say if the goods were sold below their value, as I do not know what they Cost.

Re-examined. There was one man there before Gee.

Lewis, in his defence on oath, stated that he carried on the china and glass business, which prospered for a time; that he admitted that some of the letters in the name of Hawley and Adams were written by himself, but that they were existing men; and that he had never bought any of the goods in question in connection with Jorey. The COURT stated that there was no evidence to go to the Jury on the indictment for conspiracy, and directed the Jury to return a verdict of NOT GUILTY . (See page 542.)

OLD COURT.—Friday, January 12th, 1906.

Before Mr. Justice Grantham.

8th January 1906
Reference Numbert19060108-172
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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172. WILLIAM GEORGE DAVIES (40) PLEADED GUILTY to converting to his own use and benefit a cheque for £50 entrusted to himto pay to Eva Emily Hale; also to fraudulently inducing Eva Emily Hale by false pretences to indorse a cheque for £60 with intent to injure her; also to obtaining credit to the amount of £40 from Eva Emily Hale under false pretences; also to converting to his own use and benefit a cheque for £10 received by him on account of Thomas Ryan; also to obtaining credit from Thomas Ryan to the amount of £10 under false pretences. Three years' penal servitude.

8th January 1906
Reference Numbert19060108-173
VerdictNot Guilty > unknown

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173. GEORGE LONG (20) , Indicted for, and charged on the Coroner's inquisition with, the manslaughter of John Arthur Williams.

MR. MATHEWS and MR. A. GILL Prosecuted; MR. J. D. A. JOHNSON Defended.

HARRY WOODLEY (345 H.) I produce a plan of 23, Little Pearl Street, and its vicinity—Little Pearl Street and Great Pearl Street run at right angles, and 23, Little Pearl Street, is a small house very close to the corner of Great Pearl Street—at 23, Little Pearl Street, there is no hall, but there is a second door inside the outer one and there is access through the front room to a back room, behind which there is a yard, from which access is also given to 10, Great Pearl Street.

EDWARD HENRY THOMPSON . I am a private in the 2nd Battalion of the Grenadier Guards stationed at the Tower—on Christmas night I got leave from the barracks until an early hour next morning—I left the barracks with the deceased, who was a private in the same battalion as myself—we went to the Red Lion and Spread Eagle, and while we were there received an invitation to go to 23, Little Pearl Street—at that time Frank Smith had joined us—I did not see a woman named Little-child until I got to the house—Smith, the deceased and myself went to the ground floor of 23, Little Pearl Street, and into a room, which is entered by a door from the street—we found about fourteen people there, amongst them being Littlechild, the two Spencers and the landlord, Walker—we got there about 10.15 p.m.—there was some jollification, singing and dancing, which went on until about midnight—there was a bed in the room and not much room for dancing—about midnight the revels were over and we all laid down to rest, some on the bed and some off it—I took off my tunic and waistbelt and the deceased did the same—there was another soldier in the room named Wallace, whom we found there when we arrived—our things were taken and put away, but I cannot say by whom—we got them again bar the other fellow's Walker,—Wallace had a tunic and belt—about 12.30, while we were lying there resting, a knock came at the door, which was answered by Mr. Walker, and shortly afterwards, there came into the room a woman, whose name I now know to be Hart—she appeared to be going into the back room, but was refused admission—she was drunk—she returned through the room where we were, to go out—there was some little trouble about getting her out, but in the result she was put out by walker—about three minutes afterwards there was another knock at the front door, which was answered by Walker—Hart came to the

door again—I was behind Walker at the door—I saw about twenty people there with pokers and civilian belts, with buckles, in their hands—they tried to force their way into the house, Hart being in front of them—at that time I did not see anybody else whom I can identify, but shortly afterwards I saw the prisoner—we all went out of the house before I saw him, but before we did so I saw Walker struck on the forehead with a belt, but I cannot say by whom—I was then just behind him and I was struck just after he was, but I cannot say by whom or if it was a stick or a poker, but it was something of that kind—at that time the deceased was on the bed in the room, but he woke up and came into the street with me—we went out to fight with the crowd—it was a free fight, and they were trying to make their way into the house—Walker had tried to shut the door, but could not, as there were too many for us—there were four or five of us inside the door—Walker said he succeeded in shutting it after I got into the street—I had not my coat or belt with me in the street—I saw the prisoner strike the deceased with a black civilian belt on the back of his head and the deceased fell to the ground—the prisoner had come from the back of him and I saw him with the belt in his hand hitting him—the deceased could not see him—he fell in a sliding position on his left side—after he fell he was in a sitting position against the wall—there were nineteen or twenty of the attacking party and myself, the deceased, Ludwig and Littlechild—after the deceased had been srtuck I went back into the house by myself, but I cannot say where Littlechild and Ludwig were—the door was ajar and I had no difficulty in getting through—I went into the front room, but did not notice anybody there, and I went straight through into the back room and into the back yard of 10, Great Pearl Street, and then into Great Pearl Street and saw two constables, and together we went to where the deceased lay in front of No. 23—he was in the same position as when I left him—he was unconscious, and I never heard him speak or utter any sound after he had received the blow from the belt—we gave him the best assistance we could and he was taken to the station and seen by the police surgeon, and then taken to the London Hospital—I was detained at the station, and whilst there the prisoner was brought in—I recognised him—I was taken away by escort next morning, my leave having expired at 6.45 a.m.

Cross-examined. The deceased and I left the Tower together—we were by ourselves when we went into the public-house—then we met Smith, who invited us to Little Pearl Street—I am quite sure there was no woman with us—the first time I saw Littlechild was when we got to Little pead Street—I think the number of the belt which Wallace was wearing was 463—the belt produced to me at the Police Court, No. 87, belonged to the deceased—Wallace is in the same battalion as I am and I do not think he has been called as a witness anywhere—it was stated that he was aasaulted, but I do not know if he was—we had a reasonable number of drinks that evening, but I do not know how many—we had a lot at a party in the barracks before we came out—I do not know if there was a man with Hart when she was turned out of the house—I did not see the prisoner with her—I did not say at the Police Court that the prisoner and Hart

were turned out together—when the crowd attacked the house I could we people with belts in their hands in the street and the buckles on the belts—with the exception of Walker, when we were at the door I could see everybody outside better than anybody else could—I saw the prisoner after I got into the street, not before—the deceased was my chum and I took notice of him in the fight—I was not with him from the time I went out until I went back again, but I could see him all the time—I do not know if it was the first or last blow which I saw struck—I am quite sure he was struck with a belt, but I have not seen that one since—when the deceased was sitting against the wall the crowd was round him, but I did not see anybody hit him then—I was with him a couple of seconds after he fell and then went back to the house—when I went out the first time I am sure I went out through the front door and not through the back, and I am sure the deceased went out at no time by the back—I had never seen the prisoner before that night, and after I saw him in the crowd I next saw him at the station—I was in the street about five or ten minutes.

Re-examined. I have a clear recollection of what took place on this night—Mrs. Spencer was in the house—I did not see her in the street—I did not see Mr. Spencer at all—I did not see Littlechild so through by the back way to 10, Great Pearl Street, but she was one of the party made by myself and the police who went back to the front of No. 23.

ARTHUR EDWARD WALKER . I am a labourer of 2, Angel Court, Borough, and step-father to Mary and John Spencer—last Christmas Mary Spencer had room at 23, Little Pearl Street—I went there on Christmas night and there was a party of thirteen or fourteen people—about 12 o'clock we all lay down, and I remember Annie Hart coming in and going into the inner room and then being sent out again, and I turned her out of the front door—she had knocked at the front door—I let her in and her father told her to get outside—he was in the back room—she had to go through our room to get into the back room—they live in that room independently of us—Mary Spencer has that room only, with her husband—Annie Hart, her father and her mother live in the back room—she got half-way through our room and her father holloæd out, "Get outside; go where you can get the beer from "—he had opened his door and saw her—Mary Spencer pays 7s. a week for her room—she works at a jam place and for the Jews at times—Annie Hart went out quietly because I opened the door for her—she was very drunk—there was a knock at the door about ten minutes afterwards—I opened it and received a blow on the forehead with a belt from the prisoner—I had never seen him before—there were twenty or thirty people outside—the divisional surgeon afterwards saw the wound—I was so stunned that I do not remember the people coming out of the place, and I tried to shut the door as I see the mob running round the back entrance to get through the middle door—I ran to shut it and held it tight until the police came—after I shut the front door I went to the middle door—I did not see what took place in Little Pearl Street—I remember the deceased being in the room and going out, but I did not see him knocked down—when the police came I left go the middle door—I went to the police station with them.

Cross-examined. I was not in the street at all—it would not be true to say that I went round to 10, Great Pearl Street—I saw Thompson there that night, but I did not see him struck—I cannot say what sort of belt I was struck with; it was swung as I opened the door—I only identified the prisoner out of the crowd—when he was arrested my stepson, Spencer, was with him—they were not quarrelling to my knowledge—I did not hear what the prisoner said when he was arrested—I saw him arrested—I am not sometimes known as Spencer—I did not see the prisoner strike Spencer or Spencer strike him—I was in the front room as the prisoner came through to be arrested—I did not see the constable take him—when the soldiers first took off their belts my wife took two of them off the table and put them in a drawer—I did not see anybody take them out—when I went away with the police they were still in the drawer.

MARY ANN SPENCER . On Christmas Day I was living at 23, Little Peard Street—I remember a party being there late that evening and Annie Hart coming in, trying to get into her father's room, and being turned away—a knock afterwards came at the door—my father opened it and I went into the street—I saw the prisoner there, who punched me in the left side of my face—I am quite sure it was the prisoner—I fell down and he passed over me to go into the front room of No. 23, and he intentionally kicked me as he passed—I do not know if he got into the house—I got up after a time and was going to the station, when I was knocked down by another woman—I saw two men with the prisoner—Annie Hart was a little way from the door with nineteen or twenty people—I saw no more of the prisoner until he was at the station.

Cross-examined. I have a young man named Jennings—I was spending Christmas evening with him and some other people at a public-house—we all had a lot of drink, and at Little Pearl Street we had more—every body had plenty of drinks that night, but two of them were teetotalers—it was almost as soon as the door was open that the prisoner struck me in the face with his fist—he had nothing in his hand—there are two doors at the entrance to the house, and I was between them—I was not in the street—when he stepped over me he must have got right into the room—I saw nothing of the row in the street afterwards—there were three soldiers there that night—Walker is my step-father and Spencer my step-brother—I did not see the prisoner arrested.

By the Court. I pay 6s. 6d. a week for my room furnished—I do charing amongst the Jews—my husband is a barman.

MICHAEL LAMBERT . I live at 8, Vinevard, Little Pearl Street, and am sixteen years old—on Christmas night I was in Little Pearl Street and saw a man named Harry and a boy named Harry Slark—the man was screaming "Kate "—I only know the man as Harry—he was Pushing the door of No. 23 open and Harry Slark was waving a belt inside the door—the people inside were trying to shut the door—Slark was outside and striking at the people inside—when Harry called "Kate," the prisoner, Kate Parsons, Neville and a few others came up, about six or seven altogether—they had nothing in their hands at that time—I knew the prisoner before by sight, but not to speak to—they all ran to No. 23 and

tried to get in—the people inside got the door shut—the people outside kept on knocking, and Mary Spencer came out—as soon as she did so the prisoner punched her on the face and said, "I hare floored her "—she was on the ground—part of the people ran to 10, Great Pearl Street, and the prisoner stopped in Little Pearl Street—I saw the deceased and Thompson come to the corner of the street—the deceased came up to the prisoner, who as outside No. 23, and said to him, "Are you taking a liberty?"—Mary Spencer was then on the ground—the prisoner said, "No "—as soon as the deceased turned away from the prisoner, the prisoner punched him on the face and tripped him up—the deceased fell down and the prisoner hit him across the back with a black belt—I had not noticed it before—the deceased got up and was going to Great Pearl Street when the prisoner hit him again with the belt on his head and he fell down—that was at the corner of Great Pearl Street and Little Pearl Street—Thompson was in Great Pearl Street fighting with the people—he was about a yard from the deceased when he was struck the second time—the deceased was then about a foot from the wall—a little boy named Stevens said, "Here you are, Dick," and gave the prisoner a long piece of iron—I did not see where he got it from—I saw a piece of iron like this (Produced), but I did not see no knob to it—the prisoner took the iron from the boy, went over to the deceased, who was on the ground, and hit him on the head with it—the deceased did not get up after that—saw him here, apparently unconscious, until the police came—nobody else struck the deceased.

Cross-examined. When I first came on the scene in Little Pearl Street I did not see the prisoner there—Harry and Harry Stark did not come away from the door before Mary Spencer came out—she met the prisoner on the pavement and fell outside the house when she was struck—the prisoner did not do anything then—I saw three soldiers altogether that night, but at first I only saw two—they were not fighting in Great Pearl Street—there was not a general fight going on until one soldier came round Little Pearl Street—there were a number of people hitting the soldier, and he was hitting them back—there were eight or nine round him—there were twenty or thirty people there altogether—Little Pearl Street is not very wide—the soldiers had no coats on—when the deceased came into Little Pearl Street I am quite sure he did not come out of No. 23; he came round the corner—the prisoner first struck him with his fist, not with a belt, and tripped him up—I do not know where he got the belt from—when the deceased and Thompson came out of Great Pearl Street they had nothing in their hands, and when the prisoner first struck the deceased he had nothing in his hands, but as soon as the deceased was on the ground be struck him with a belt—when he was on the ground I was there all the time till the police came—nothing could have been done to him without my seeing it—the prisoner did not strike him with a bottle or basin.

HENRY LUDWIG . I live at 68, Borough Street, St. George's, and am a potman at a beer-house kept by my father—I was one of the party in little Pearl Street—I remember a number of men besieging the door, and our getting them out for a time, and then I went out—I saw the prisoner and the deceased there—I saw the prisoner strike the deceased across the

head with a belt—he fell down and there was a struggle on the ground—I saw no more of them after he fell—I next saw the prisoner at the station.

Cross-examined. When Walker opened the door the second time I was standing behind him—I saw Walker struck, but I cannot say by whom—we all went out by the front door, and it was then that the deceased was struck—I am quite sure the prisoner struck him—I did not know the prisoner—I do not know if the people in the crowd were all dressed much alike—I went back to the house—I was not in Great Pearl Street—I did not see the soldiers go into Great Pearl Street—I saw a third soldier there—he was with the rest of us.

ANNIE LITTLECHILD . I live at Bermondsey and am a tailoress—I was with the deceased on Christmas night and went with him to 23, Little Pearl Street—he and I and Thompson and others were in the front room there on the ground floor—I remember a knock at the door and Hart coming in and going out, and then another knock at the door, which was answered by Mr. Walker—I went to the door with the deceased and saw the prisoner there—he hit Walker with something he had in his hand, but I could not see what it was—I did not see him do anything to Mrs. Spencer, but I saw him strike the deceased with what was in his hand—I cannot say what it was. [The witness here became indisposed and her examination was postponed.]

JOHN SPENCER . I live at 2, Angel Court, and am Mary Spencer's brother—on Christmas Day I was living at 23, Little Pearl Street, and was one of the party there that night—I remember Annie Hart coming in and being turned out, and shortly afterwards a knock coming at the door—I saw the prisoner strike Walker across the head with a belt when he opened the door—I saw the prisoner and seven or eight others outside the door—Walker tried to shut the door and they were trying to force the door open—the soldiers went out at the back and tried to defend themselves—they must have gone out to try and prevent the people coming in—they went into Great Pearl Street by the back way—I saw nothing of what took place in the street—when my step-father was struck by the prisoner he became unconscious and did not know which one had done it—he tried to shut the door the best way he could—he shut the prisoner out, who went round the back and came into the room the other way about ten minutes afterwards—he then struck me across my shoulders with this bar of iron (Produced)—I do not know where he got it from—I did not see it before I felt it—it had not been in the room—a constable was coming in as the prisoner had the iron in his hand—he tried to drop it and the constable caught hold of his hand—there is no truth in the suggestion that I hit the prisoner with this iron—I did not have it in my hand.

Cross-examined. I did not know the prisoner before—he was one of the crowd in the street—I did not recognise any other of the people in the street—the soldiers went out immediately after Walker was struck—the prisoner came in the same way that they went out—I was not breaking any windows at the time—I saw the prisoner breaking some with this iron bar—I know a woman named Neville, who lives

it 10, Great Pearl Street—I do not know if her windows were broken that night—I did not go into her place—it was after the prisoner struck me that he was breaking the windows—after he hit me he ran back and broke the windows, and I screamed for the constables for help—the prisoner struck me three times—I had some bad marks, which I showed to the policeman and the doctor—there were three soldiers there—they did not go out together, two went out and the other was looking after the front door and helping Walker—that soldier did not go into the street at all—the soldiers had not their belts with them; they were hanging up on a nail behind the door—my mother put them there—I do not know where the policemen found them—they were in the house all the time, but I did not look after them.

WILLIAM EYRES (19 H.) At 12.50 a.m. on December 26th I was it Commercial Street and heard a police whistle—with Greenfield I went to Little Pearl Street and found the deceased lying unconscious and bleeding from his head, with his shoulders against a wall quite near to No. 23—with the assistance of Greenfield and Thompson I carried him to the police station and went back to Little Pearl Street—I went to the front of No. 23, where there were a number of people more or less fighting—after a short time I went into the front room on the ground floor and saw three or four women there—I did not see the prisoner—I picked up a belt opposite 23, Little Pearl Street, No. 463, which belonged to Wallace—I was afterwards handed the second military belt, No. 87, which the deceased had been wearing, and a third was found at 23, Little Pearl Street—that was not a soldier's belt and I have not got it here; I left it at the police station—this belt (Produced) I found at No. 23 on the floor in the front room—I took it with me to the police station—at No. 23 I saw some Guards' tunics, some overcoats and caps.

Cross-examined. Whilst I was going back to Little Pearl Street the prisoner was taken to the station—I have heard that this belt belonged to the prisoner—the soldier's belt, which I picked up opposite No. 23, was lying in the roadway near the gutter—I do not remember who handed me the belt No. 87; it was a man—No. 463 belonged to Thompson—Wallace was not called as a witness—I did not hear it stated at the inquest that he was not called because he was assaulted during the affray, but I was not in Court the whole time.

ARTHUR GREENFIELD (214 H.) On the early morning of December 26th I was in Commercial Street when I heard a whistle blown—I went with Eyres to Little Pearl Street and saw the deceased lying in the footway opposite No. 27—he had his back to the wall and his head lying on his chest—I assisted in carrying him to the station, and then went back to 23, Little Pearl Street—I stayed at the door and looked in and saw the prisoner—the place was crowded, but I did not see John Spencer at that time—the prisoner had this piece of iron in his hand, which he held up and came towards the door and struck John Spencer on the shoulder with it—I got hold of his right hand with the piece of iron in it and he dropped his hand to his side—I took him in custody and on the way he said, "Let me drop this "—at the station, when I took the iron

from his hand, he said, "I took this iron from him," pointing to Spencer—he was first charged with an assault upon Spencer and afterwards with the murder of Williams—he made no answer to the charge.

Cross-examined. This is rather a low neighbourhood—when I first got to Little Pearl Street there was a large crowd and a great many people standing by the deceased, but I did not see the prisoner—when I came back the second time I did not hear any windows being broken—I arrested the prisoner just at the door—there is a sort of double door there—at the station the prisoner said Spencer had attacked him—I handed the iron to Inspector Macmillan—I did not look at it—I cannot say if it was clean or not.

Re-examined. When I first saw the prisoner he had the iron in his hand.

FREDERICK WENSLEY (Inspector H.) About 3 a.m. on December 26th I saw the prisoner at the station—I told him I was an inspector of police and was making inquiries, and that I should have to detain him—he said, "I will tell you straight what happened. Me and my chum was standing close to No. 23, just going to make water, when some soldiers rushed out and knocked my chum down. I was not having that, and me and some more chaps tried to get in, but they shut the door and we then went round the back and smashed the windows and got in. That chap," pointing to Spencer, "hit me on the head with a piece of iron. I took it away from him just as the police came in and claimed me. "

Cross-examined. I was not there when the prisoner was brought in—when I went there he was wearing this belt, and I took possession of it—it was in consequence of what the other officers told me that I took possession of it—Greenfield did not hand me the piece of iron, but I had it subsequently; it was quite clean then and had no hair or blood on it.

THOMAS WALLACE . I am a private in the 2nd Battalion of the Grenadier Guards and was one of this party at 23, Little Pearl Street—I was asleep in the house, and at 12.30 I was woke up by a noise; I do not know what it was—I got up, but there was no one in the house, so I shut the door—there was a row in the front of the house, but I did not see anything of it—I was wearing a regimental belt that night, No. 463—I cannot say how that came into the street; I did not take it there.

PERCY JOHN CLARKE . I live at 2, Spital Square, and am divisional surgeon of police—at 1 a.m. on Boxing Day I was called to the Commecial Street police station, where I saw the deceased, who was then alive suffering from coma, and had a contused wound on the left side of his head, near the upper part and over his left ear, 2 inches long, extending down to the bone—I should describe it as serious—he had a contused would on his mouth and eye, and in my opinion it was necessary for him to be taken to the hospital, and he was removed there immediately—I was doubtful whether he would reach the hospital alive—I also saw John Spencer, who had a severe contusion over his right shoulder blade such as might be caused by a bar of iron such as this—I saw Walker, who had a contused wound on his forehead such as would be caused by the buckle of a belt—it was almost typical with his being struck by a belt; a small

circular wound, such as the round part of a belt causes—my attention was not particularly called to Mary Spencer—I believe there was no complaint made by the prisoner as to his having been struck on the head—I afterwards attended the post-mortem on the deceased at the hospital on the 27th, when an examination was made by Dr. Woodhill—in my opinion the cause of death was a severe blow on the head, causing laceration of the brain and consequent hæmorrhage—there was a large effusion of blood on the brain—that would have been caused by his head having come in contact with some hard substance with considerable violence—I do not think it could have been caused by a blow from the buckle of a belt, as there was not sufficient force—I think it might have been caused by this iron bar or if he had fallen with his full weight against a wall or on the pavement.

Cross-examined. I examined this bar at the station, but found no blood or anything on it—the wound was bleeding—in my opinion this belt (Produced) would not cause the, wound on the deceased's head—it has not a very heavy buckle—even a hard blow from a belt tike this would not be likely to kill a man—the witnesses whom I saw there that night had been drinking.

NELSON WOODHILL . I am house surgeon at the London Hospital, and about 1.40 a.m. on December 26th the deceased was brought in—I examined him and found he was practically moribund—I examined the injuries he was suffering from—I have heard the description given by Dr. Clarke—the wound over the deceased's ear had a ragged edge and he died at 5.40 on the 26th—I held the post-mortem examination, and in my opinion death might have been caused by his head coming in contact with some hard object such as a wall or pavement—I think a belt with a fairly heavy buckle could easily have caused the wound—the effusion of blood on the brain was the cause of death, and that was due to external violence.

Cross-examined. I should not say this belt (Produced) has a heavy buckle, and I do not think it would be likely to cause a severe wound—than were two bruises over the deceased's right eye and a contusion on his lip, I think caused by the fist, and, I should think, not by an iron bar, a basin, or a ginger beer-bottle.

A. LITTLECHILD (Recalled), The effect upon the deceased was that he fell, but got up again—I did not see anybody else strike him, but I saw the prisoner strike him again on the face with a bottle within a short time—the deceased was standing by at that time and I saw him strike him again with a basin when he was lying down—he got on the ground when the prisoner struck him with a piece of iron—I saw him do it—I cannot say if the iron was like this (Produced)—he threw the basin at the deceased as he lay on the ground and it hit him on the head—the prisoner did not speak when the prisoner was on the ground—I stayed by the deceased's side until the police came—he slipped at the side of the pavement—I cannot say if he fell on it; he went against the wall and lay there with his back to it—I should think I remained with him for

about ten minutes before the police came, and I afterwards went to the station.

Cross-examined. I first met the deceased that evening at the Red Lion and Spread Eagle at 7.30—some more soldiers were with him and a man named Smith—we all had drinks and went to another public-house and got to Little Pearl Street at 10.30—there was some dancing and more drinking there, which lasted till midnight—I saw Hart when she first came in; I was near the door when the second knock came—it was immediately after the prisoner knocked, that Walker with the soldiers went into the street through 10, Great Pearl Street—they did not go out together; two of them went out, and one stayed—I was in Little Pearl Street when I first saw the prisoner opposite No. 23—there was a big crowd there; I had never seen the prisoner before—I am quite sure it was an iron bar the prisoner struck the deceased with—Thompson was near me then and could see what happened—the deceased was facing the prisoner when he was struck—the prisoner first struck him with the iron bar, and it was afterwards, when he was struck with the bottle, that he fell—the basin which the prisoner threw at him was a large washing basin; it broke when it hit him, and bits were scattered abort—nobody came and swept them away—I cannot say if Walker went into the street when I went out—I remember saying before the Coroner that Walker went out with me, and I remember now that he did—he went round from Great Pearl Street into Little Pearl Street—I do not know if he had gone back when the deceased was struck.

Re-examined. When I was drinking in the public-houses I had lemon ade, as I am a teetotaler.

The prisoner, in his defence on oath, said that on Christmas night he went to visit some friends at 10, Little Pearl Street, named Kate Parsons and Harry Jones, who live there as man and wife; that there were about seven there altogether, dancing and singing; that about midnight he and Jones were going downstairs into the yard when they heard a row in the street; that they opened their street door, when some men rushed across and struck Jones and rushed into No. 23; that he and Jones tried to open the door of No. 23 to ask the men why they had hit Jones; that they could not open the door; that Ayres and Greenfield came along and he, the prisoner, told them that the people in the house were fighting; that he and one of the officers went into Great Pearl Street and got into the house by the back; that he saw Spencer breaking the windows with a long thing he had in his hand, but did not know if it was iron or wood; that he (the prisoner) and the officers walked into the back room and then into the front room; that he did not see anybody there, and as he and the constables were going to another house one of the witnesses struck him on the head with the iron bar; that he took it away from him, shoved him, and he fell against the table; that the constables then caught hold of him (the prisoner) and arrested him; that he did not see the woman Hart that day; that his belt (Produced) he was still wearing when he went to the station; that he did not strike Spencer with the iron; that he did not see any of the others there; and that he did not see or touch the deceased.

HARRY JONES . I live at 10, Little Pearl Street, with Kate Parsons—on Christmas night we were there on the top floor—the prisoner was with us and Annie Neville, her husband, her niece, Hannah, and a boy named Travis—we were having a jollification—about 12.30 I went downstairs—the prisoner was with me—I saw Annie Hart lying in the street—I went to pick her up—as I was doing so I was struck on the head with I belt, and when I turned round I was kicked—a man rushed back into No. 23 and I holloæd out, "Kate, Kate, I have been hit on the head "—Parsons came down, knocked on the door of No. 23, and holloæd out, "What have you hit my old man for?"—somebody opened the door, hit her in the face, and the door was shut again—a little while after we heard Annie Neville shouting out that there were soldiers in her room at 10, Great Pearl Street—there were not a lot of people there then, but there were afterwards—we went to Great Pearl Street—there were a rare lot of people there who were not of my party—the only soldiers I saw were in Annie Neville's room—I saw the prisoner all the time—I did not see him strike any soldier—there was a big crowd of people in the street—they all seemed to be fighting—I heard windows being broken at the back of 23, Little Pearl Street—I believe a man named Spencer was breaking them—I did not go into Little Pearl Street—I saw the officers arresting the prisoner.

Cross-examined, The prisoner and I did what' we could to help Hart when she was on the ground—we did not then make a rush over to the door of No. 23—we did not go near it—my missus tried to get in, but we did not help her—I believe there were two constables in the yard of No. 23—I do not think they went round with us from Little Pearl Street—I do not think they were in the yard when the windows were being broken—I did not see any constable while I was with the prisoner.

KATE PARSONS . I live with Jones at 10, Little Pearl Street—on Christmas night the prisoner and other people were at our house—he and Jones went downstairs at 12.30—I heard a shout and went down—I saw Jones lying on the ground—he said somebody had hit him on the head with a belt and rushed back to No. 23—I knocked on the door there and a civilian opened it, came out, and kicked me—I have seen him since—he was at the station; I scratched his face and knew him by the mark—I saw a lot of men come from Little Pearl Street—I afterwards went round to Great Pearl street and saw three soldiers in a woman's room—I did not see any fighting there—I saw the prisoner all the time—he went into the back room with me—I was present when he was arrested—I did not see him strike a soldier—I saw him strike Spencer, who was breaking the windows, with a piece of iron—I think it was a longer piece than this.

Cross-examined.I saw the prisoner take the poker away from Spencer and hit him with it—I did not see the prisoner smashing windows—I did not see any constables there before he was arrested—I did not see a soldier lying on the ground in front of No. 23 on the pavement—I did not tee the prisoner with a belt in his hand, only the poker—he hit Spencer on

the forehead—I do not know if it was a nasty blow—he was seen to by a doctor.

HARRY TRAVIS . I am a glass beveller—I remember being at Jones' Christmas party and seeing the prisoner there—I saw Jones go downstairs, but not the prisoner—Jones holloaed out, "Kate," and I went into the street—no people were there then—I saw some soldiers then afterwards—they came out of No. 23, the back way—there were three or four—there was some fighting—one of the soldiers was struck accidentally with a belt by one of the other soldiers who was trying to strike the prisoner—the prisoner had not a belt in his hand—he went round to 10, Little Pearl Street, with the others—I saw him all the time that the soldiers were there—he hid not strike any of them—I was present when the prisoner was arrested.

Cross-examined.I did not see the soldier fall when he was struck with the belt—he was struck on the head—the prisoner was then in the yard at 10, Great Pearl Street, and not near the soldier.

CHARLES GRAHAM GRANT . I am divisional surgeon to the H Division of police and have had twenty years' experience as a doctor, at least half of which have been in the police service—during that time I have come across a great many deaths (from wounds—I have known of men being killed by a blow from a belt—that would be a very heavy belt indeed—I should very much doubt if this belt (Produced) could cause a man's death—a man with healthy tissues should not receive such a wound as has been described from such a light weapon.

Cross-examined.It would depend on the amount of force—I did not see deceased or attend the post-mortem—I have heard of this case for the first time to-day—I am here on another case and was asked to give evidence.


NEW COURT.—Friday, January 12th, 1906.

Before Mr. Recorder.

8th January 1906
Reference Numbert19060108-174
VerdictGuilty > unknown
SentenceImprisonment > hard labour

Related Material

174. MICHAEL JAMES TOMLINSON (27) , Robbery with violence, with other persons unknown, on Frank Herne, and stealing from him £2 0s. 4d.

MR. LYONS Prosecuted; MR. SYDENHAM JONES Defended.

FRANK HERNE . I work at 77, High Street, Whitechapel—I live at 55, Fieldgate Street—on January 3rd I was working till 10 o'clock, then I went into the Library, Whitechapel, where I am relief porter—about 12.50, when near the corner of Flower and Dean Street, I was pounced upon by three men—I was knocked down from behind, one man caught me by the throat, one pounced upon my chest, threw my coat open, put his right hand over my throat, and his left hand in my right-hand trousers pocket—I was about ten yards from the electric lamp at the corner—I took particular notice of the prisoner, who was in front of me—after they had given me a kick one of them said, "Spike it in, Mike; he has got no tackle "—I saw the other man's face, but not so well as this man who was over me when I was on the ground—I only saw the prisoner's

face when I was on the ground—I tried to get up, a constable came and helped me, and I went to the station, where I saw a doctor; I had been nearly strangled—I gave a description of the prisoner—the police afterwards came for me where I was working, and I again went to the station and readily picked out the prisoner from about ten men other—I had no difficulty—I said, "That, is the man" at once.

Cross-examined. The assault occurred about ten minutes to 1 on the Wednesday morning—it took about two minutes—the prisoner took my money from one pocket only—I saw the three men, but only two of them well, the one over me and the one on the left side of me—I do not think it was a very wet night—my description of the person who attacked me was that he had a grey overcoat with a velvet collar—I had seen the man on the previous Friday in the library, and recognised him—he then had on a greyish sort of overcoat, with light flakes in it, and I am quite sure it was the same man—the officer came to fetch me to the police station about 4.30, and I had to see my governor before I could get away, so that I identified the prisoner about 5 o'clock at the police station—most of the other men had collars and ties.

Re-examined, My description was taken down in writing—it was of a man with a pale face, a light moustache curled up at the ends, about thirty-two yean of age, and about 5 feet 7 inches in height—I said he had a grey overcoat on with a velvet collar and a black cap—I have not seen the grey overcoat since—it was not by the grey overcoat and velvet collar that I identified the prisoner, but by his face—I had seen him on the previous Friday, when he came and asked me where the "Broad Arrow" was, and I told him that we had discontinued taking it, and I recognised him as the man I had seen before.

JOHN STEVENS (321 H.) On January 3rd, about 2 p.m., I arrested the prisoner in Commercial Street on the charge of being concerned with two other men in assaulting and robbing a man the morning previous, about 1 o'clock, in Flower and Dean Street—he replied, "I was not there, and know nothing about it "—I took him to the station and had the prosecutor brought there, when the prisoner was put with ten other men and identified—someone spoke to the prosecutor, who went straight up to the prisoner and said, "That is the man "—he did it at once—the prisoner stood somewhere about the middle of the men—he was charged, when he said, "Can I ask questions here?"—he was advised to ask them at the Police Court.

Cross-examined.I heard him say before the Magistrates, "I deny the charge "—from first to last his replies have been that he knew nothing about it—there is an electric arc light at the corner of Flower and Dean Street, about ten or twelve yards from where the prosecutor told me the assault took place—it was a dull night; there was no moon; I am not sure whether it had been raining—there is another lamp a short distance down the street that hangs over the entrance to a lodging house—the lamps are about forty yards apart—a large gas lamp hangs outside a private lodging house, and it is alight generally till 2 or 3 a.m.—three of the men placed for identification were dressed like the prisoner—

some were a little taller, and some were shorter—they were all dressed respectably; some had overcoats on, and some had none—the prosecutor described the prisoner as having an overcoat—I asked the prisoner where his overcoat was—he replied, "I have not been wearing one "—I inquired of Rose Whiteman, the woman he was living with, and she replied that he had never possessed one—I saw no overcoat in their room—I did not search it—I asked Whiteman what time he came home last night, and she said 12.30; that he went to bed, and that she was in bed when he came in—on the way to the station I believe the prisoner said he was home "about that time "—I do not know whether he meant 12.30 or the time the robbery was committed—his lodgings are about three minutes' walk from where the lamp is—he lives quite close to the police station—the Horn and Plenty public-house is about half-way between—he did not tell me he had been at the Horn and Plenty that evening—12.30 is the time for that public-house to close—Whiteman said the prisoner went to bed about 12.30, but she said nothing about his having his supper before he went to bed—the prosecutor told me the man who attacked him was the same man he had seen at the Library on the Friday—he said he had not been mistaken, because he had seen him before—I searched the prisoner at the station—about eleven hours had elapsed between the assault and the arrest—I found 2s. 2d. on him—I did not ask him to account for it—I knew he had been a soldier, and that he was in receipt of 6d. a day pension—he did not tell me that the previous day he had received his pension for the quarter, which, I believe, is about £2 5s. or £2 6s.

Re-examined.From where the prisoner lives in Little Pearl Street to Flower and Dean Street would take about three minutes to walk.

The prisoner's statement before the Magistrate: "I deny the charge. "

The prisoner, in his defence on oath, said that on January 2nd he was not in the neighbourhood of Flower and Dean Street, and that he knew nothing whatever of the robbery; that he was at the Horn and Plenty in Dural Street till about 11.20, where he spoke to the barman, Stephen Even, and afterwards to some friends outside about his pension, when he went straight home, which he reached about 11, 45, and was let in by the front room lodger: that he had his supper, and was in bed by 12.30; that he was the tallest of the men amongst whom he was put for identification, and only one of them had a collar and a tie on; that he complained to the sergeant of this, and had asked, "Isn't it hard to be placed with bits of boys?" but was told to take his place; that he had not been to the Library at all; that he never wore an overcoat; and that it was all a mistake.

J. STEVENS (Re-examined). I was present when the prisoner was identified from ten others, making eleven altogether; two other men were taller than the prisoner, besides others of about his own height—they were respectable men; some had collars and ties, and some mufflers, about half of each—he was asked before the identification if he had any objection to make—he said, "No," and was told by the officer that he could stand where he liked—I do not remember any conversation with the sergeant in which the prisoner said, "Isn't it hard to be placed with bits

of boys?"—the prosecutor would be in another room, and would not see the men till the prisoner had placed himself—the prisoner made no complaint of the identification—I have known Little Pearl Street for some time—I have never known the doors to be locked—the sergeant taking the charge said to the prisoner in my presence, "Have you any objection to any of these men which you are going to be put up for identification with?" and, "You may place yourself amongst them where yon like "—he then placed himself somewhere about the middle—an officer was then sent to another room to bring in the prosecutor—P.C. Funnell was in the room, and there may have been other officers; I cannot say who they were, and the sub-divisional inspector of the station was there; as well—I have known Little Pearl Street about six and a half years—it has been in my beat in various months, probably nine or ten—I have visited it at night about every; half hour—the street is let out in tenements on the prisoner's side of about one room each; there may be one or two persons who have two rooms—at night I try the doors and use my lantern—I have never known the outside door of any of these houses to be bolted at night—I do not know that any of the people there are engaged on night work.

Cross-examined. I was on that beat last about five months back, on night duty, but I have visited the street at various times during the last two or three weeks—I have been on duty in that particular district in plain clothes several times during the winter months—I have been in the passage when the door has been open between 2 and 3 in the morning—I was not on that beat on the night of the robbery, and know nothing about the state of the door that night—it would be about a fortnight ago when I was in that particular doorway.

Evidence for the Defence,

MARY MARTHA MASON . I am married, and five at 15, Little Pearl Street—my husband does not live with me—he is a costermonger—I remember the prisoner coming home on Tuesday, January 2nd, at 11.45 by my clock—I went to the outer door and let him in—I occupy the ground floor front room—he occupies the ground floor back—I heard him call out—I was in bed—I had to get up to let him in—I heard him call "Rose "—she did not answer, and he tapped on my shutter—I unbolted the door and let him in—there is only one bolt to the door—I bolted it after him—I saw him knock at his own door, and I heard Rose let him in, and the door fastened behind him—there are no locks; they are all bolts inside—I have lived there three months—I heard him say, "Rose, are you going to get me my supper?"—he went to live there on December 28th—our rooms adjoin each other on the ground floor—after he had gone in I heard them speaking, but what they were saying I could not tell—I went to bed, but it was nearly 2 o'clock before I closed my eyes—I should have heard anyone in the passage, but there was not a sound in the house alter the prisoner had come in—I went out of the house about 10 the following morning to work—I get my living by laundry work—I saw the prisoner in bed, and he spoke to me when I was going out—I went to Worship

some were a little taller, and some were shorter—they were all dressed respectably; some had overcoats on, and some had none—the prosecutor described the prisoner as having an overcoat—I asked the prisoner where his overcoat was—he replied, "I have not been wearing one "—I inquired of Rose Whiteman, the woman he was living with, and she replied that he had never possessed one—I saw no overcoat in their room—I did not search it—I asked Whiteman what time be came home last night, and she said 12.30; that he went to bed, and that she was in bed when he came in—on the way to the station I believe the prisoner said he was home "about that time "—I do not know whether he meant 12.30 or the time the robbery was committed—his lodgings are about three minutes' walk from where the lamp is—he lives quite close to the police station—the Horn and Plenty public-house is about half-way between—he did not tell me he had been at the Horn and Plenty that evening—12.30 is the time for that public-house to close—Whiteman said the prisoner went to bed about 12.30, but she said nothing about his having his supper before he went to bed—the prosecutor told me the man who attacked him was the tame man he had seen at the library on the Friday—he said he had not been mistaken, because he had seen him before—I searched the prisoner at the station—about eleven hours had elapsed between the assault and the arrest—I found, 2s. 2d. on him—I did not ask him to account for it—I knew he had been a soldier, and that he was in receipt of 6d. a day pension—ho did not tell me that the previous day he had received his pension for the quarter, which, I believe, is about £2 5s. or £2 6s.

Re-examined. From where the prisoner lives in Little Pearl Street to Flower and Dean Street would take about three minutes to walk. The prisoner's statement before the Magistrate: "I deny the charge." The prisoner, in his defence on oath, said that on January 2nd was not in tat neighbourhood of Flower and Dean Street, and that he knew nothing whatever of the robbery; that he was at the Horn and Plenty in Dural Street till about 11.20, where he spoke to the barman, Stephen Ewen and afterwards to some friends outside about his pension, when he went straight home, which he reached about 11.45, and was let in by the front room lodger: that he had his supper, and was in bed by 12.30; that he was the tallest of the men amongst whom he was put for identification, and only one of them had a collar and a tie on; that he complained to the sergeant of this, and had asked, "Isn't it hard to be placed with bits of boys?" but was told to take his place; that he had not been to the Library at all; that he never wore an overcoat; and that it was all a mistake.

J. STEVENS (Re-examined). I was present when the prisoner was identified from ten others, making eleven altogether; two other men were taller than the prisoner, besides others of about his own height—they were respectable men; some had collars and ties, and some mufflers, about half of each—he was asked before the identification if he had any objection to make—he said, "No," and was told by the officer that he could stand where he bleed—I do not remember any conversation with the sergeant in which the prisoner said, "Isn't it hard to be placed with bits

of boys?"—the prosecutor would be in another room, and would not see the men till the prisoner had placed himself—the prisoner made no complaint of the identification—I have known Little Pearl Street for some time—I have never known the doors to be locked—the sergeant taking the charge said to the prisoner in my presence, "Have you any objection to any of these men which you are going to be put up for identification with?" and, "You may place yourself amongst them where you like "—he then placed himself somewhere about the middle—an officer was then sent to another room to bring in the prosecutor—P.C. Funnell was in the room, and there may have been other officers; I cannot say who they were, and the sub-divisional inspector of the station was there as well—I have known Little Pearl Street about six and a half years—it has been in my beat in various months, probably nine or ten—I have visited it at night about every half hour—the street is let out in tenements on the prisoner's side of about one room each; there may be one or two persons who have two rooms—at night I try the doors and use my lantern—I have never known the outside door of any of these houses to be bolted at night—I do not know that any of the people there are engaged on night work.

Cross-examined.I was on that beat last about five months back, on night duty, but I have visited the street at various times during the last two or three weeks—I have been on duty in that particular district in plain clothes several times during the winter months—I have been in the passage when the door has been open between 2 and 3 in the morning—I was not on that beat on the night of the robbery, and know nothing about the state of the door that night—it would be about a fortnight ago when I was in that particular doorway.

Evidence for the Defence,

MARY MARTHA MASON . I am married, and live at 15, Little Pearl Street—my husband does not live with me—he is a costermonger—I remember the prisoner coming home on Tuesday, January 2nd, at 11.45 by my dock—I went to the outer door and let him in—I occupy the ground floor front room—he occupies the ground floor back—I heard him call out—I was in bed—I had to get up to let him in—I heard him call "Rose "—she did not answer, and he tapped on my shutter—I unbolted the door and let him in—there is only one bolt to the door—I bolted it after him—I saw him knock at his own door, and I heard Rose let him in, and the door fastened behind him—there are no locks; they are all bolts inside—I have lived there three months—I heard him say, "Rose, are you going to get me my supper?"—he went to live there on December 28th—our rooms adjoin each other on the ground floor—after he had gone in I heard them speaking, but what they were saying I could not tell—I went to bed, but it was nearly 2 o'clock before I closed my eyes—I should have heard anyone in the passage, but there was not a sound in the house after the prisoner had come in—I went out of the house about 10 the following morning to work—I get my living by laundry work—I saw the prisoner in bed, and he spoke to me when I was going out—I went to Worship

Street when the case was all over—I saw Rose—I came home on January 3rd, about 8.30 p.m.—Rose did not speak to me—I did not speak to her—my sister told me about the prisoner having been locked up on Thursday, January 4th—I heard she had gone to the Court, and I went there, but I did not know of it till I came home in the afternoon, and I said, "Why did not you call me, and I would have gone with you?"—she said she did not know what to do—I got to Worship Street about 2 o'clock—the case was over—I asked for "Mike" and the police did not know him—I was not told what ho was charged with—I knew he was locked up, and I said, "I will go and say what time I let him in "—the prisoner was not drunk—the police told me I was too late—I have known the prisoner ten months—he used to live at 2, Flower and Doan Street—I lodged there—it is the lodging house with the lamp—I have never seen him wear an overcoat.

Cross-examined, I have been into his room—I know he has only the clothes he has on—he has no boxes at all—I close the outer door at 11.30 p.m. generally, or close before 12—I closed it on Tuesday night when I thought all were in, at 11.30, by bolting it; you cannot lock it, there is only a bolt on it—I do not always close it; if I am in I close it—it is always closed—I am sometimes late, because I am on piece work, and work late—I was in bed before 12 on this night—when I was late I used to close it after me; my sister could come and open it for me—I live with my sister in the same room; she does needlework—I can hear anyone walking in the passage—I am a light sleeper—I have never lately heard any one in the passage after 12—if officers have been in the passage after that time I have not heard them—one could hear a noise if anyone came in, because there is only a wooden partition at the side of the room, and you could hear everything—there are padlocks and little keys, so that you can lock your room up if you go out—I fixed the time when the prisoner came in because I looked at my clock, and it was 11.45; at 11.30 I went straight indoors; I had a look at the clock, and it was slow, and I had to get up in the morning by it to go to work—I had looked the clock at the public-house, and carried the time in my mind; that night I did not get to sleep till quite 2 o'clock, and I did not hear any noise in the passage; I heard the two voices talking in their room.

ROSE WHITEMAN . I live at 15, Little Pearl Street, with the prisoner—the day after New Year's Day, Tuesday, I left him at 10 p.m. in Quaker Street, near where we live, and I went home by myself—I went to bed, and was asleep and did not hear him come till he knocked at my door at about 11.45—I undid the door, and let him into the room, and he bolted the door; then he had his supper, and he went to bed at 12.30—I know it was 12.30 because the church clock was striking 12.30—I know it was not 1.30—I had been in the room two hours when the prisoner came in, and I heard the clock chime the half hour, and I do not know anything more—after he had had his supper he came straight to bed—we talked together—I did not hear the clock strike more than once that night—I heard it strike 12, and about half-an-hour after it struck 12.30—I got out of bed, and warmed the prisoner's supper, and when he had had it he came

into bed—I did not hear it go the quarter—he got up at 10 o'clock, and said he would treat the young woman, and he went out about 1 o'clock—I did not know a policeman had got him till a constable came to my house in the afternoon; I did not notice the time—the constable did not tell me what he was charged with—the next morning I went to Worship Street—the constable told me the prisoner would be before the Magistrate the next day at 10 o'clock—I got to Worship Street next morning about 11—I only went to live at this place on the Thursday—on December 29th the prisoner was in bed all day with a slight headache, and on the Saturday he was out about two hours—he went out about 6 p.m., and was back about 8—we did not go out again till the Monday morning—on the Monday night we were out together—we went to see his people in Vallence Road, at the back of the Pavilion at Mile End—I did not come home till 10 p.m. New Year's Day—I was home in good time—I have never known the prisoner to wear an overcoat—he has not got one; he never had one—I have lived with him six weeks—I knew him before that, when he was a barman at the George and Guy in Brook Lane—I know he goes sometimes to the Horn and Plenty.

Cross-examined. I know the prisoner was at home and in bed by 12.30—I do not remember my evidence before the Magistrate being read over to me—I cannot understand writing [The witness's evidence before the Magistrate was read, in which she stated, "He came home at half-past 12 at might, and did not go out till 1 in the day "]—that it signed "Rose Whiteman "—I meant he went to bed at 12.30; I told the young man that was what I meant—it was 11.45 when he came home—he was in bed all the Friday—he never told me there was anything the matter with him; all he told me on the Friday was that he had a headache—I never noticed him with a coat—I went out on the Friday to get errands—I found him up when I came back—we had dinner together, and tea and supper—we went to bed about 10 p.m.—he was at home on that Friday and not at the Library—he never got up all day on that Friday.

STEPHEN EWEN . I am a barman at the Horn and Plenty—I know the prisoner as a customer—I remember his being there on the evening of January 2nd, the day after New Year's Day, in the early part of the evening, and he went away between 10 and 11 p.m.

GUILTY . He then PLEADED GUILTY to a conviction of felony at Worship Street on September 30th, 1895. Three other convictions were proved, but he produced some good conduct papers on his discharge from the Army in April, 1893, and he stated that he had served in Egypt. Twelve months' hard labour.

8th January 1906
Reference Numbert19060108-175
VerdictsNot Guilty > unknown; Not Guilty > no evidence

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175. ANTONIO CALANTONIO (29) , Feloniously shooting at Frederick Vince, with intent to do him grievous bodily harm.

MR. COHEN Prosecuted.

(The evidence was interpreted where necessary.)

FREDRRICK VINCE . I am just turned nineteen years old and live at 36, St. Mary's Road, Edmonton, with Mr. Calcagni—I bake potatoes—Calcagni

is in the ice cream business—I am English—the prisoner speaks English just a little, a few words—on November 30th, about 6 p.m., I was indoors in Calcagni's kitchen; I had been out, and had just come home—the prisoner came in and asked me where my governor was—I told him he had gone out—he said, "Very well," got out of a chair, went to the bedroom door, and broke the door open—it was locked—after I heard the prisoner banging at the door I went to see what he was doing—I saw him go to the box where money was; I knew there was money in it—he broke the box open—Calcagni and the prisoner slept in that room—I saw the prisoner take 5s. or 6s. from the box, bring it into the kitchen, and put it into his waistcoat pocket—I said I would tell my governor when he came back—the prisoner said, "If you tell Roberto I will kill you "—he went into the bedroom, where a loaded revolver was kept—he pointed it at me—I ran out to the back—he came out after me, and fired at me once on a piece of waste ground at the back—he missed me—I went to the top of the street, and waited till my governor came in in about fifteen minutes—I knew my governor's custom—I saw him coming along—I told him to go for a police man, and he came back with a policeman about five minutes after—I next saw the prisoner and Calcagni in the kitchen struggling with the revolver—Calcagni got the revolver—the policeman assisted—we looked for the bullet afterwards—we could not find it, but we found a mark in the fence at the back about 3 feet 6 inches from the ground—this is the revolver which Calcagni used to keep in his box—I knew it before this night, and it is the revolver which the prisoner took out of the box and which Calcagni kept loaded—the prisoner was arrested and taken away at once.

[The prisoner said that he broke open the box, and not only took 6s., but all that there was in the box.]

ROBERTO CALCAGNI . I live at 36, St. Mary's Road, Edmonton—the prisoner has lived with me four weeks—he has lived in this country five or six years, he tells me—he worked on his own account—he slept in the same room—I have a box in my room in which I keep a revolver—I have a key—I did not show it to the prisoner—I did not tell anybody of it—on November 30th I had 22s. in the box—I also kept clothes in my box—I went to it to fetch a handkerchief, took the revolver out, and put it in another box in my room—it was loaded with five bullets—I remember coming home about 6.30 on November 30th when Vince came to meet me—I found the door locked, and entered through the washhouse window—nobody had a right to lock the door—I took my boots off, as I heard the prisoner had fired at Vince, and I there saw the prisoner, who said, "If you do not go at once I will shoot you "—I said, "Why for you kill me? I have never done anything bad to you "—he then stepped back, fell over a chair, and I sprang upon him, beat his hand on the ground, and took the revolver away—I found the door of my bedroom, and my box broken open, which had my money in it—after that Vince and I took a lamp to see if we could find the bullet in the garden, but we could not—the prisoner went to bed, and I sat up with Vince all night by the fire—I called for a policeman, but I was so confused that I was not able to explain sufficiently in English—the policeman said if I would get him out of the house he would arrest him.

WILLIAM JOHN DONOVAN . I am a labourer, and live in St Mary's Road, Edmonton, quite close to Calcagni, whom I have known eight or nine months—about 6 p.m. on November 30th I was standing at my door, about 100 yards from Calcagni's house—I heard some shouting and a pistol fixed and I ran to the gate of Calcagni's yard, where the sound came from—I saw Vince turning out of the gate on to the waste land—he was just trotting—I said, "What is the matter?" but he did not answer—he was running away—I afterwards saw him come back with Calcagni—I was about three yards from the gate when I heard the shot fired—Calcagni sells baked potatoes in the street—the prisoner does the same—I know Vince too—they sell cream in the summer and potatoes in the winter—I saw the prisoner five or ten minutes after the shot was fired—it was 6.5 p. m.

DENIS ROCHE (Detective-Sergeant N). About 2 p.m. on December 2nd I went to 36, St. Mary's Road, and saw Calcagni, who produced this revolver and four cartridges, one having been spent—I produce a piece of the fence, showing where a bullet has gone through it is still wet—it had been raining that day—a constable was in the street at the time, but I do not think he understood what had happened—he was before the Magistrate but was not called—the prisoner was arrested on another charge and this one was preferred after inquiries—the officer has been in the force five or six-years—nothing was said to him about shooting, only about a quarrel.

F. VINCE (Re-examined). I told a Constable the prisoner had fixed a revolver at me—he told Calcagni if he got him out of the house he would arrest him.

WILLIAM FLEWIN (478 N.) On December 1st I saw the prisoner and Calcagni about 12 p.m. about 500 yards from Calcagni's house—I heard them wrangling in Italian, which I did not understand—Calcagni said, "I lost some money "—I said, 'How much?"—he said, "I cannot tell you till I get to the station "—I said, "Will you charge him If I take him to the station?"—he pointed to the prisoner and said, "Yes "—I took them both to the station—Calcagni charged the prisoner with stealing money—at the station a revolver was afterwards mentioned, and I went to the house and found it in a box which had been broken open—the prisoner said, "Shoot? Shoot!"and that is how I could make out what he meant—he was searched at the station—only a pocket knife was found on him—when the prisoner was afterwards charged with shooting he said, "I did not do it; I did not do it. "

The prisoner's statement before the Magistrate: "Vince and Donovan are paid by Calcagni. They go there to drink wine. Nothing is true, that has been said; it is all made up. Calcagni bought a lot of wood that was stolen, and they have made this up so as to get me out of the, way, so that I could not tell the police. He has four new tanks stolen from the County Council. Calcagni sent another man to prison three months by telling lies. He wants to do the same to me. "


There was another indictment for stealing, and one for assault, arising out of the same matter, upon which no evidence was offered.


OLD COURT.—Saturday, January 13th, 1906.

Before Lumley Smith, Esq., K.C.

8th January 1906
Reference Numbert19060108-176
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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176. ROBERT LEWIS, otherwise EVAN GWYNNE , was again indicted for unlawfully and fraudulently obtaining from Charles Lewis Robinson and others, trading as D'Almaine & Co., a piano by false pretences, with intent to defraud. (See page 508.)

MR. C. E. JONES and MR. GRANTHAM Prosecuted; MR. OLIVER Defended.

HENRY WATSON . I am manager to Messrs. Siddall & Hilton, mattress makers, of Chapel Street, Forest Gate—the prisoner called on me on October 10th last and said he had been sent from our place at Finsbury Park and that he wanted to purchase rugs, etc.—he gave an order for about £20 worth of rugs, bedsteads, spring mattresses, bedding, etc, and asked that we should deliver the rugs first and we should have cash on receipt of invoice, and would we keep the other goods over while we were going into the references?—he gave two references: John Adams, of 35, Breckenham Road, Edmonton, and Albert Hawley, 3 Gilpin Crescent, Tottenham—he said he was Evan Gwynne & Co., of Upper Edmonton, and gave me this card—I wrote to Hawley and Adams—the letter to Hawley was returned through the Dead Letter Office—we received no answer to our letter to Adams—I went to see the prisoner and mentioned these things—he said that Albert Hawley had gone away; I forget now whether he said into the country or on the Continent, and as to John Adams not answering, he said he could not account for it, but he said he was not surprised—I arranged with him that we were to receive a cheque on receipt of invoice which we sent him for £7 19s. 3d., after deducting discount—it was for rugs—when I called on him at 241, Fore Street, Edmonton, he said he was changing his bank and he could not give us a cheque, but if we would accept a bill payable at a month from the date of invoice he would send it on per return—the acceptance was subsequently sent to the firm for £7 19s. 3d., but they would not accept it—I suggested the bill so that we might have proof of delivery of goods for suing purposes—when he came to us he seemed to follow what we said our terms of business were; they were cash on receipt of invoice—we sent the invoice by post and it would get there probably before the goods arrived—that was so that the cheque should be ready when the goods came—we never got our money.

Cross-examined. My firm had not, to my knowledge, communicated with the prisoner before August 3rd—the terms were not reduced to writing when he came; they were only verbal—my man posted the invoice—the prisoner also ordered some bedsteads—he did not send for them—we told him that if he would send on his cheque for the rugs we would then forward the bedsteads—I do not know whether I suggested the bill or he offered it—I said just now that I proposed it—he did not say he thought he would be able to pay in a month—he simply said he was changing his bank and hoped in a day or two everything would be straight.

Re-examined. This (Produced) is the original application we made to Hawley as to the prisoner's references.

ARTHUR MACKENZIE GREEN . I am a painter at 35, Breckenham Road, Edmonton—I was employed by the prisoner for nearly fire months in painting his premises—he conducted a china business there—a quantity of goods came in and he sold them off by auction three or four times a week—I remember on one occasion he asked me if I would take a letter in addressed to a friend, Mr. Adams, at my own address—three or four days afterwards a letter came for "Mr. Adams," which I handed to the prisoner—he carried on business as "Gwynne & Co. "

Cross-examined. I was with him till his arrest—I believe he was trying to make a business there—he worked very hard at it—as far as I know, it was a genuine business—the first part of the time he had an auctioneer named Gee selling for him—I do not know that there was a dispute between Gee and the prisoner—Gee did leave suddenly—he went away and took a lot of his goods with him; two or three cart loads—the sales then stopped for a bit—the prisoner then engaged another auctioneer—that auctioneer left and the sales then stopped—the prisoner did not ask me to take an inventory of the goods there—he said he thought there was something missing—he told me he was in difficulties—he said that when Gee left he was short of goods—with regard to several lots of goods that came, he complained that they were short—I did not inspect the goods sent—I packed up one lot of goods to be returned to a County Court—I did not send a large case back to the City—I do not know who did, if anyone—he had another man working for him—after the second auctioneer left, a gentleman used to come in of an evening—I do not know that he was a clerk—I do not know that he came to look at the books—I did not see any book—he did not, that I know of, come and look through the stock—he conversed with the prisoner—I do not know what his business was—the prisoner did not tell me at any time what the man was doing.

Re-examined. I do not know the circumstances under which the prisoner got his goods—all I know is the goods were there—whether they were paid for or not I do not know—nobody named Adams ever stayed at my place—I never knew a man named Adams—the man who worked for the prisoner was named Turner.

CHARLES LEWIS ROBINSON . I am a partner in Messrs. D'Almaine, pianoforte dealers, Finsbury Pavement—I saw the prisoner on August 9th, 1904—I think there were two letters before he called on us—I agreed to let him have a piano on the easy payment system, value twenty-seven guineas, payments to be made by two guineas cash and two guineas per month for the balance—he signed an agreement as Robert Lewis—on a card he then gave us of Evan Gwynne & Co. were two references: Mr. A. Hawley, 178, Millfields Road, Clapton Park, and Mr. J. Adam-, la, James Street, Canonbury—we wrote to Mr. A. Hawley at the address given and received this reply: "72, Grand Parade," erased, and 178, Millfields Road, written: "Dear Sir.—Your inquiry re Mr. R. Lewis, of Edmonton. You will be perfectly justified in carrying through any business this gentleman may put before you. He is a thoroughly reliable, honourable, and capable man of business and has my perfect confidence

as the result of several years' satisfactory business transactions "—that was supposed to be from Albert Hawley—we let him have the piano and received the first instalment of £2 2s.—we afterwards had a cheque for £2, which was dishonoured—we did not write to Adams—I wrote to the prisoner several times about the money and received a letter signed "For Mr. Lewis, John Adams "—we never had the money—we parted with the piano on the strength of the reference from Hawley.

Cross-examined. I cannot say if he had anybody with him when he signed the agreement—there were several people in the show room—we sent the piano to Breckenham Road—we did not send to see if Hawley was at Clapton—we trust to the judgment of our salesman in a great measure—if we felt doubtful about a reference we should send as tell as write—we probably had letters from him from 241, Fore Street—we had put the matter into our solicitors' hands and left it to them—we did not send to Fore Street to ask him what had become of the piano.

Re-examined. The address on the document is 110, Breckenkam Road, not 72, Grand Parade, Harringay—we have not traced our piano.

RACHEL GARNHAM . I am the wife of Walter Garnham, who is a china and glass dealer at 176 and 178, Millfields Road, Clapton Park—I have known the prisoner for a good many years as Lewis only—we have lived at our present address about two and a half years—no one named Hawley ever lived there during that time—I believe a letter came there once for Lewis in the name of Hawley—my husband gave him it—my husband bought a piano off the prisoner.

Cross-examined. I cannot say when he bought it—it must have been within the last two years—I can hardly say if it was over twelve months ago—I believe my husband had a receipt for it—I was not asked to bring it here.

WILLIAM BASSINGTON MOORE . I am a house agent at Islington Green—in January, 1903, I let a workshop, la, James Street, Essex Road, to a Mr. Arthur Gee and a Mr. Turner—I do not remember his initial—they stayed there about two years—I never knew Hawley or John Adams there.

Cross-examined. I do not think anybody could have been there without my knowing it—Gee and Turner could not have had any sub-tenants without my knowing it—Gee and Turner were in the china and glass trade—my place is about ten or fifteen minutes' walk from this shop.

ISAAC LAZARUS . I am one of Lazarus & Rosenfeld, Bevis Mark, china manufacturers—early in October last the prisoner called on me and purchased a quantity of goods which he selected—the terms were cash on delivery—he was to fetch them—on October 5th I made out an invoice for £13 5s. 6d. to Evan Gwynne & Co., 241, Fore Street, Edmonton—on October 6th he sent for some of the goods, sending cheque fox £6 5s., saying he would send for the others" to-morrow morning or Monday "—we let him have the goods—he gave a cheque and we receipted the invoice—on October 7th he sent for the remainder, sending another cheque we had not had time to clear the first cheque—we sent the goods—on the Monday he wrote us this letter (Stating that a large part of the goods

invoiced had not been sent and "Kindly hold over the cheques we sent you until Wednesday ")—some of the things he had not taken because they would not go on the barrow he sent—by that time the first cheque had been presented for payment—it and the other cheque came back dishonoured; we have never been paid—at the time I believed the cheques were good and valid orders for the payment of money, otherwise I would not have parted with the goods—I believed that Evan Gwynne & Co. were carrying on a respectable business.

Cross-examined. One cheque was returned marked "Not sufficient" and the other "Refer to Drawer "—rightly or wrongly, he complained that we had not sent all that he had bought and also said that he had sent some back.

WILLIAM KINGSWELL . I am manager at the James Cycle Co., Southampton Row—in November, 1904, we received a letter of January 25th, 1905, from Robert Lewis saying he wished to buy one of our bicycles by instalments, and that he was manager of the firm whose card he enclosed—that was Evan Gwynne & Co.—we sent him a form to fill up—it gave kit business address 100 and 100s. Breckenham Road; then there is this:—"Being over age and a householder, Therewith give the address of a gentleman who will say whether I am to be trusted: 'Evan Gwynne, Esq., glass merchant, 72, Grand Parade, Harringay' "—we wrote to the reference and received a satisfactory reply—we let him have the bicycle—three instalments of £1 have been paid out of £12—we have never got the rest nor our bicycle—we parted with the machine on the strength of the reference from Evan Gwynne—the primer had said that the bicycle was not necessarily for himself; it might be for a messenger or errand boy in his employ—I did not know till this case came on that the prisoner and Evan Gwynne were the same—we were a long time in the dark about that—I did not know he told it the day after he got it.

Cross-examined. He wrote for other machines that he said he could sell in the Potteries—I knew he wanted those to sell to somebody else—we did not supply any other bicycle—when we could not get our money we sent a representative to Edmonton—he saw the prisoner—the prisoner has ne er suggested that we were not entitled to our money—we sued him in the County Court and an order was made for £1 a month.

Re-examined. He never offered us the bicycle back, unfortunately.

RICHARD NANCARROW . I am manager of the Edmonton Branch of the London & Provincial Bank—on June 6th, 1906, the prisoner opened an account with us in the name of Robert Lewis, trading as Evan Gwynne & Co., of 241, Fore Street, Edmonton, and also 243 afterwards—I produce a copy of the account from August 23rd to October 19th, when it was closed—the account was fairly regularly kept at first, but front July to August it was troublesome by not providing for cheques which were drawn—all cheques drawn by "Gwynne" are in the prisoner's writing—from about the end of August till the account was closed there were nineteen cheques dishonoured and three after the account was closed—I remonstrated with him as to the account—he asked me to be lenient with him and said that his financial difficulties would be over—there was never

a credit balance of as much as £10 at the end of any one day—he had his pass bock very frequently made up; I should say two or three times a week—that would show how the account stood—he had it made up, amongst other dates, on September 16th, 20th, 25th, October 3rd, 9th, 11th, and on the 17th—under date October 2nd I find an acceptance of "Hawley" £5 credited; that meant that Gwynne had drawn upon Hawley and left the bill with us for collection—it was taken up—on October 7th he asked me for a new cheque book, which I at first refused—he said he would be in an easier financial position and if I would be more lenient with him he would conduct the account satisfactorily—he wrote me a letter to that effect—in spite of his promise there were six cheques dishonoured in the week October 9th to the 16th—I then insisted upon the account being closed—his balance of 18s. 10d. was handed to him—£464 passed through his account from June to October—he never drew cheques as "Lewis. "

Cross-examined. He gave me to understand that his name was Robert Lewis, but that he traded as Evan Gwynne & Co.—I have no reason to complain of his account up to August, 1905—after that he came to the bank very frequently—he told me that his position was not quite what it should be—he paid money in daily—most of it was cash that would be taken in his shop—as far as I can judge, all his cheques were drawn to business creditors—he very rarely drew any money for himself.

Re-examined. If I had not believed him to be a respectable man I should have closed his account before—our branch is about 100 yards from his place—I saw the nature of the business he did there—I should not be there at night—I saw a crowd round the door; that is all.

HERBERT WAITES . I live at Wood Park Lane, Tottenham, and am clerk to Messrs. Firth & Garland, auctioneers and estate agents—in the beginning of November, 1904, the prisoner came to us as to renting 72, Grand Parade, Harringay—he eventually took the premises on a monthly tenancy at £65 per annum—he paid a month's rent in advance—we received a letter of November 11th, 1904, signed "Robert Lewis trading as Evan Gwynne & Co." (Stating that his reference was Mr. A. Hawley, glass importer, 24, Sebright Street, Bethnal Green, E.)—I know that a Mr. Ben Gee used the shop periodically—he recommended the prisoner to us—the prisoner remained there till about the end of December, two months—the premises after that remained closed—china and glass ware was sold there by auction at night.

DANIEL BARRETT LOACH . I am a member of Wood & Loach, estate agents at Fore Street, Edmonton—on April 8th, 1904, the prisoner came to me—he wanted to take a shop in Fore Street, Edmonton, to sell china and glass by auction—he wrote us on April 11th, giving as references; Mr. John Adams, china and glass merchant, Ilford, and D. Smythe, glass factor, 11, Chapel Place, Chapel Street, Islington—we wrote to them—on the 17th we had a letter from John Adams (Stating that he had known Lewis in business for years and "a straighter and better business man I do not want to know ")—Lewis gave us a further address to a Mr. Hawley—we wrote to Hawley and got this reply (Ex. 30: Stating that

Lewis would prove a desirable tenant)—we did not let Lewis have the premises—we did not make any personal inquiries at Harringay; we heard indirectly—I went to Breckenham Road, where the prisoner was living, and saw him there, but no one else—I did not know who Adams, Smythe or Hawley were—at the time I got these references I believed that Hawley and Adams were substantial men—I got no reply from smythe. [Counsel pointed out that the letter to Smythe was found on the prisoner.]

WILLIAM PYE ENGLISH . I am an estate agent and surveyor at Tottenham and carry on business with Mr. Alfred Richards—in March, 1905, I saw the prisoner with reference to hiring 241, Fore Street, Bdmonton—he gave as references: Mr. Adams, 78, King Street, Hammersmith, and Mr. William Aaskey, 3, Gilpin Crescent, Edmonton—we wrote to Adams on March 11th and received this reply (Ex. 2: Stating that "You will find him in every way a most satisfactory tenant: Yours faithfully, John Adams ")—we received a reply (Ex. 3) from Mr. Aaskey, dated March 13th, 1905 (Stating that "there is no doubt about his being reliable and responsible, and he should do well in the premises ")—on April 19th we received a letter, dated the 18th, from the prisoner—we let him the premises—the following month 243, Fore Street, was taken in addition—I do not know whether Adams carried on business at 78, King Street, Hammersmith—the prisoner said that Mr. Aaskey was the landlord of the premises he was residing at at the time he made the application for our premises.

Cross-examined. I did not go to see his landlord—I have not satisfied myself that there is such a person as "Aaskey "—I was not altogether satisfied with the references and stipulated for the rent in advance—Gilpin Crescent is less than half a mile from my place—as far as I am aware, he was carrying on business at these places—he paid his rent up to October 1st.

THOMAS JAMES JOLLY . I am a printer at Fore Street, Edmonton, which is right opposite the prisoner's—I knew him as "Gwynne" at 341, Fore Street—I have had seven or eight printing orders from him—I printed some memorandum forms in the name of Hawley and also Adams for him—he paid me for them—Exhibit 2 is one of those I printed in the name of Adams; also Exhibit 40, the reference given by Hawley to D'Almaine—the work was done in May, 1904.

Cross-examined. Hawley was done in 1904, and Adams in 1904, not 1905.

HERMANN COLLIER . My firm is Englander & Searle, furniture manufacturers, of Mare Street, Hackney—I knew the prisoner as "Lewis Gwynne "—I called on him on July 24th, 1905, when he gave me an order for £6 4s. 7d. worth of goods—on receipt of the goods he was to hand cheque in payment—we sent the goods—we received cheque, dated July 29th, for & 18s. 6d. which was the amount less 5 percent.—it was returned dishonoured—I saw the prisoner and he asked me to re-present it—it was not met—we received a cheque dated August 12th for £2—that met with the same fate as the other—we have not had our goods back or the money.

Cross-examined. I called on him at his shop—he did not tell me his name—I saw it was printed on the memorandum he sent us—I do not recollect seeing it outside the shop.

GUSTAVE DIETTERLE . I am clerk to Messrs, Pahl & Co., of Farringdon Road, agents for china and glass goods—about August 10th, 1905, it prisoner called on us and said he was Evan Gwynne & Co., 241, Fore Street, Edmonton—he bought a small parcel of goods for £2 odd, far which he paid cash—he later on ordered more goods and sent two cheques, one for £10, which was paid—the other one was post-dated and was for £10, which was dishonoured—he ordered fresh goods on August 29th, the day before the second £10 cheque was due to be presented, for £28 15s. 9d.—he had the goods and gave us two cheques—one was presented and was dishonoured—the other at his request we did not present—he owes us £41 odd.

Cross-examined. In a letter he wrote us he grumbled at our goods, but it was without justification—he did not do all his business with me—he did not let me know he was hard up—why he should give post-dated cheques did not strike me—I did not ask him—I did not arrange the last sale with him—somebody called and said he was going to make the arrangement with the creditors.

Re-examined. I think that was in October—we thought the cheque would be met—as the first transaction of £2 was all right we thought the others would be too.

CHARLES WILLIAM HAYNES . My firm is the Empire Enamel Co., Redcross Street, Southwark—we received a letter in August, 1905, from Evan Gwynne & Co., 241, Fore Street, Edmonton—I called on the prisoner—I did not know he was Lewis—I looked upon him as the proprietor of the business—he gave an order for enamelled hardware—he asked for a sample case, £5 11s. net, saying that on receipt he would send cheque—he sent us a cheque on September 7th, for £5 8s. 2d., which was dishonoured—it was re-presented and dishonoured again on September 12th [Counsel pointed out that the prisoner's bank credit on September 7th stood at 9s. 6d.]—I called on the prisoner, who said he had had a great loss and that he would meet the cheque shortly—we never got our money—we sued him in the County Court, but the judgment remains unsatisfied.

Cross-examined. I called on him before supplying the goods—what misled me was that I saw a poster in a window saying the premises would be opened as a china and glass and earthenware business as soon as alterations were completed; otherwise I should not have sent any goods to him—I went there afterwards and found that the business was being carried on as before; the poster was still there—I did not know he was selling at night auctions—a gentleman called on us later on and said that if we presented the cheque again it would be cashed, and he gave us the date and it was re-presented on that date, but with the same result as before.

Re-examined. I did not know that he had been in possession of the premises for four months or I should not have let the goods go.

JUSTIN HAAS . I am clerk to Messrs. Laurie Lazarus & Benjamin, of Andrew Street, Holborn, glass and china merchants—I knew the prisoner as Evan Gwynne & Co.—he came to us on September 1st, 1905, and purchased goods for £8 9s. 6d.—he said he would send a carman for them and a cheque as well—next day a messenger came with a cheque and a note asking us to deliver the goods—he had the goods on the following Monday, September 4th—we presented the cheque and it was dishonoured—at the time I received it and patted with the goods I believed it to be a good and valid order for the payment of money—he afterwards raised some question about some of the goods being broken and short—we sued him in the County Court and got judgment, but we have never had our money.

Cross-examined. I do not know the date of the judgment—it was two or three weeks afterwards [MR. JONES stated that it was October 18th]—the prisoner was arrested early in November.

Re-examined. The day the cheque came was Saturday, September 2nd; it was crossed and had to be paid through our bank—before there was time to clear it he had sent for the goods.

ALBERT ERNEST COCQUEREL . My firm are china and glass merchants, of Commercial Street—the prisoner called on us last October in the name of Evan Gwynne—we sold him a parcel of goods, valued £9 2s. 10d—he was to call and take them away, paying cash—we sent him an invoice the same day—somebody came from him the next day with a letter, asking for the two top lines of the invoice to be delivered, sending cheque for 2a. 6d. in excess of what they came to—he had the goods and we paid the cheque into our bank, but it was returned marked "Account closed "—we parted with our goods, thinking it was all right—the messenger came for the rest of the goods and handed in another cheque for the total amount of the invoice—he had the goods, but the cheque was dishonoured—we have received no money for them.

Cross-examined. I have seen no one regarding the prisoner's debts.

ERNEST ROCHE (Detective-Sergeant N.) On November 9th, about 6 p.m, I arrested the prisoner at 241, Fore Street—I read the warrant to him—he said, "All right "—he was taken to the station and charged—in reply he said, "I emphatically deny the charge and I have never seen a large portion of the goods included in the latter charge, but the first portion I admit "—that was about Mr. Cocquerel only—the lower part of his premises was a shop—there was nothing in the other portion of the house except a bed made up on some boxes upstairs—there was no other furniture—I did not find a piano or bicycle there—I searched his premises and found a number of documents which have been produced here, including Exhibits 3, 27, 31, 32, 33, 35, 36, 37, 11, 57—they made up a large bundle—I also found printed invoices in the names of Hawley and Adams.

Cross-examined. The solicitor for the prosecutors saw all the papers and took what he wanted—I knew the prisoner while he was carrying on business at 241, Fore Street—it appeared to be a genuine business—I cannot say if it was—a lot of stuff was sold there—lots of people attended

till they had got what they wanted, and then the attendance fell of—before the warrant was granted we had several complaints about his obtaining goods and the cheques not being paid—I spoke to him about one cheque—he said it would be met later on—I believe a portion of it was—be did not tell me he was pushed for money—he never took much part in the business—he had three different men altogether selling for him—the first was Ben Gee; I think the name of the next was Turner—I do not know that he drank—I know nothing about him—it got all over Edmonton that the prisoner's stuff was sold for almost nothing—I do not know that he sold what are called "seconds "—the police might have bought as well as anybody else.

Re-examined. At auction goods are sold for cash—a number of complaints have come to us; I have not counted them; that was after his arrest—previously we only had two—I found no business books at the prisoner's.

THOMAS HENRY GURRIN . I am a handwriting expert—I have seen a number of documents which have been produced in Court to-day—I have compared them with what is admitted to be a genuine signature, Exhibit G—I think they are all in the prisoner's writing—there is a great dissimilarity in some of the signatures; they are written at different angles and of different sizes and different style.

The prisoner, in his defence on oath, stated that "Aaskey" was really a woman who could not write; that he asked her for a reference and wrote it for her; that Hawley lived in Staffordshire and that he wrote the letters for him; that the same thing applied to Adams; that he got into difficulties owing to coming to loggerheads with Mr. Ben Gee; that he did not get the piano from Messrs. D'Almaine for himself; that it was the same as to the "James" bicycle; that he paid £9 into the bank to meet Messrs. Lazarus' cheque, but in the meantime gave a cheque to another man asking him to hold it back, but that he did not do so, so that Messrs. Lazarus' cheque was dishonoured; and that when he gave the other cheques he did not know he was in such financial difficulties.

GUILTY . Judgment respited. (See Jorey, page 582.)

OLD COURT.—Monday, January 15th, 1906.

Before Mr. Justice Grantham.

8th January 1906
Reference Numbert19060108-177
VerdictNot Guilty > unknown

Related Material

177. HARRY SCOTT , Unlawfully and fraudulently converting to his own use and benefit cheques for the payment of £316 16s. 10d., £157 14s. 7d., and £212, the property of George Gatey; cheques for the payment of £1,578 6s. 2d., the property of Thomas Parkinson Worthington; and a cheque for £1,000, the property of the Mayor, Aldermen, and Burgesses of Southend.



GEOROE INGLIS BOYLE . I am a messenger in the Bankruptcy Court and produce the file of proceedings in the bankruptcy of Harry Scott, who carried on the business of solicitor as J. E. & H. Scott at 16, King William

Street—the receiving order was made on August 19th, 1904, upon the petition of Richard Barber, printer, dated July 14th, 1904—he was adjudicated bankrupt on September 7th and the statement of affairs was filed on October 5th—that shows unsecured liabilities £12, 557 19s. 6d., assets £12, 20910s. 5d., the deficiency being £348 9s. 1d.

GEORGE GATEY . I am a solicitor practising at Ambleside in Westmorland—the prisoner and his father before him have acted as my London agents for thirty-four years—the prisoner's father died some time before 1902, and since then the prisoner and his cousin, who died about five years ago, acted as my London agents, but after 1902 the prisoner alone conducted the business—in 1902 I was acting in the matter of James Brooklebank, deceased, and on March 4th, 1902, an order was made by the Chancery Division for the payment into Court of £316 16s. 10d.—this (Produced) is the order, and the name, of the prisoner's firm is endorsed on it as being the solicitors who took it up—I received this letter from the prisoner dated March 25th, 1902 (Read): "Re Brocklebank. the order has now been passed and entered and we shall be glad to receive the £316 16s. 10d. to pay into Court We send you the draft order and the statement showing the figures "—on March 26th I wrote this letter to him (Enclosing cheque for £316 16s. 10d. to pay into Court)—this (Produced) is my cheque—on March 27th I got an acknowledgment from the prisoner (Stating that they had received the cheque to pay into Court and enclosing note of charges; that the dividends would be accumulated in Court and would not be paid out unless it were shown that it was necessary for the maintenance and education of the infant)—I received their usual half, yearly account (Produced), probably at the beginning of the long vacation—upon one side there is the acknowledgment of the cheque under the date of April 1st, and on the other side without any date, but underneath the date of April 24th, and under the words "Into Court" there is "Ditto re Brooklebank, £316 16s. 10d. "—I believed that amount had been paid into Court, but I neglected the precaution of getting a certificate of payment into Court—the balance of that account, which is against myself, it £202 4s. 8d.—I did not discover that the money had not been paid into Court until the Spring of 1904 or December, 1903, when I had an interview with the prisoner; I think it was December, 1903—among my clients there was a Mr. Mawson, trading as Mawson Brothers, and I caused a writ to be issued at his instance against Walter Lloyd—the claim was settled for £395 5s. 10d.—Messrs. Hastie, Hughes and Dayrell, of East Grinstead and London, acted on behalf of the defendant—the prisoner, as my agent, conducted that litigation, and this (Produced) is the account which he sent to me showing the state of things up to June 30th, 1903—I find no reference to Mawson in that account, but I scarcely expected to, as the payment he had received was simply on amount and would be held in suspense until he accounted for the full of that account I learnt of its receipt by the defendant in relation to his claim, but I have no document to show it—this (produced) is a cheque for £157 14S. 7d. by Hasties to the prisoner, but I cannot say

now if I knew of it at the time of its receipt—it is dated May 8th, and the account dated June 30th purports to show the amounts paid in all completed matters—under the date of August 5th, 1903, I received this document (Produced), which shows that the defendant's solicitors, that is Mr. Lloyd's solicitors, were agreeing to concede £350 subject to some reduction, and this cheque, dated August 31st, 1903, is for £212 drawn by Hasties, payable to, and endorsed by, Scott—I believe at that time the prisoner acquainted me of that payment to him by Hasties—this (Produced) is a letter which I wrote to the prisoner, dated September 4th, 1903 (Read): "Mawson Bros, & Lloyd. I shall be pleased to hear from you with respect to this matter, as it is over a week since the defendant's solicitors promised to let us have a proposal for settlement "—this (Produced) is a letter of mine to the prisoner, dated September 14th (Read): "Mawson v. Lloyd. Ton wrote me on August 25th last that Messrs. Hasties had promised that you should hear something definite from them by the end of that week, but I have not heard that anything has been done. Please let me hear from you as to what the position of the matter is, as my client is very anxious and is determined that something must be done to bring matters to a head "—it was on September 22nd that I received this letter from the prisoner (Read): "Mawson v. Lloyd. This matter has been settled and we will send you an account and cheque in the course of a day or two "—I do not remember if an account was sent, but a cheque was sent dated September 28th for £350, which I paid into my bankers in the ordinary way, but it was returned dishonoured—I had some correspondence with him, no doubt about that, but I did not come up to London until later—I was solicitor for Mr. Thomas Parkinson Worthington, who has since died—he was a plaintiff in some Chancery proceedings and the Court through Mr. Justice Byrne made an order directing a payment out of Court to Mr. Worthington of £1,567 17s. 3d.—the total came to £1,578 6s. 2d. with interest—the name of the prisoner's firm is attached to the order and the Power of Attorney is in the prisoner's name—on July 30th, 1903, I wrote to the prisoner (Asking that the matter of Worthington and Storrs should be cleared up and finishes before the long vacation, or it would be fatal to Mr. Worthington; that the Lancashire Banking Co. had grown tired of waiting and had placed the matter into the hands of another solicitor to take proceedings against Mr. Worthinton, who had also sought other advice as to his position, and there was every possibility of the witness losing him as a client)—on August 11th I wrote to the prisoner (Read): "Worthington v. Storrs. I am obliged to you for yours of yesterday's date with print of the order for Foreclosure Absolute, and beyond the misprint of Albert Grey, which should be Albert Greg, on page 3, and about which I wired you, the print seems to be in order "—on August 18th I wrote again (Read): "Worthington v. Storrs. I am obliged by your letter enclosing order herein to go with Mr. Worthington's papers. What about the cheque for amount in Court?"—a Power of Attorney was issued to the prisoner and executed by Mr. Worthington and forwarded to the prisoner in order that he might receive the money on Mr. Worthington's behalf—on August 20th I wrote (Read): "I am in receipt

of your letter, but is not the Power of Attorney, which you already have in your possession, authorising you to receive the money, sufficient?"—on August 23rd I again wrote (Read): "I am in receipt of your letter. Please let me have draft of the necessary Power of Attorney. There seems to be no end of delays in getting this money "—on August 27th I received a reply (Read): "We need not trouble you with the draft. We have to fill up a form of application and the paymaster hands out the Power of Attorney for execution. Directly we get the Power we will send it on to you "—on August 31st the Power of Attorney was sent to me for execution and it was sent back by me under the date of September 3rd with a letter (Read): "I return Power of Attorney duly completed by Mr. Worthington and attested, and shall be glad to have cheque in due course," and received this letter on September 5th from the prisoner (Read): "We are in receipt of the Power of Attorney duly executed. We will obtain cheque and forward same to you in due course "—the cheque was not sent, and on September 2nd I wrote (Read): "When may I expect this cheque? Worthington is anxious, the Lancaster Bank is anxious, and I am being asked daily when the matter is to be ended. Please let me have your costs up to date in this matter, so that I can render a statement immediately I receive the cheque "—I received this reply, dated September 25th (Read): "Our Mr. Scott will be here on Monday, and we will send you agency bill and cash account with cheque for balance. The cheque has been received "—I received this letter, dated October 10th from the prisoner, headed: "Agency Account: We hope to send you bill and cash account on Monday or Tuesday without fail, together with the items to date in Poole v. Townson, Worthington v. Storrs, re Watson Mawson v, Lloyd "—4 have no doubt that I got the agency bill after October 14th—I got this cash account showing the receipt of the cheques, but it was for the December half year—the cheque for £157 14s. 7d. in the account is entered as July, the cheque for £212 as September 1st, and the cheque for £1,578 6s. 2d. as September 9th—I first knew that the prisoner had received that last cheque when he wrote the letter saying it had been received—before I received this account I came to London in the beginning of December, 1903—I saw the prisoner and called his attention to the large amount of money of mine which he had in different companies, which was causing inconvenience, and he then explained that he had advanced very considerable sums of money to a lady client—he did not mention her name, but said he had some large sums coming in shortly, and that he fully expected to be able to let me have my money in the course of a month or two—I told him that I could not ask my clients to wait for the payment of the money, and therefore I would settle up with my various clients and he could let me have the money as soon as he received it—I paid the three sums of money, amounting to not quite £2,000—in the writ I have charged the prisoner with interest from the day he received the money—I think it was until June 22nd, 1904, when I issued my writ, and up to that time I was expecting the prisoner would carry out his promise and remit me the money—my total claim is £2,228, which includes some interest—I got a summary judgment in that action; the

prisoner did not defend it—I proved under the summary judgment it bankruptcy, but have not yet received anything under it; I have received no dividends yet—the £157 14s. 7d. had nothing to do with being paid into Court; it was the settlement of an action—the prisoner had received it as an ultimate compromise—this letter (Produced) is from my son, who carries on a branch business of mine at Windermere—it is not a letter from the firm; it is signed by him—I sign my letters "George Gatey" in full, and he signs his "George Gatey, Junior "—the expression in this letter, "Brought into Court by the defendant" is erroneous—I am not connected with the prisoner except that my brother married his sister.

Cross-examined. I have known the prisoner since he was a boy, and have regarded him as an upright, honourable man, and do so no—he has done very considerable transactions on my behalf, and up to these matters, money matters had been strictly and correctly dealt with by him—we had a running account, but I cannot say we had a settlement twice a year, because I was generally owing him money and sent him a cheque for £100 or £200 on account—there was a statement of account every half year, which generally showed a balance in his favour—when I sent him money from the country I expected them to be dealt with in the course of the account, and when he received money in London he gave me credit for it—it was all a matter of account between us, but when this unfortunate matter happened the amounts were rather larger than usual and rather larger than I cared to pay out of my own account—with regard to the Mawson matter, I think one payment was made in one half year and one in the other half year—I expected that matter to be settled up in one transaction when the compromise was fully effected—I make no complaint of the first payment not being included in the account for the first year half—I do not know the date that I received the cheque for £350, dated September 28th, but probably it was the day after—if that cheque had been met it would have paid off the balance between us in Mawson's matter—I do not know that on September 28th the prisoner's banking account was garnisheed and he did not tell me about it afterwards—I do not know of any letter which came to me about that—there was no concealment about his having received the £1,578 cheque—the Brocklebank cheque was paid into Court to accumulate with interest—I think it was received about April 1st or March 26th, and I understood he was ill and was away for about ten days—it was just before Easter—the prisoner did not tell me the name of the lady to whom he had been making advances; he said she was a foreign Countess—that was the matter of Mrs. Tottenham—the daughters claim the titles as well as the mothers in foreign countries—I firmly believe it to be true that the prisoner had made those advances—from my interview with Mr. Scott I think he believed in the security he was taking, and my impression is that he is the biggest loser and has been the most deluded—he was absorbed in the professional part of his work as distinguished from the financial part; his cousin did the whole of the office work—I believe the prisoner was very much overworked and had not time to attend to the inside and outside business—I only know from hearsay that since

the bankruptcy proceedings £52 a year has fallen into Mrs. Tottenham—my clients nave all been paid; no man has lost one penny through me or through the prisoner by me—I make no claim; I refused to prosecute twelve months ago and the Treasury are now trying to ruin him for the second time—I did not force him into bankruptcy and I took his view at the time, that if he was allowed to realise this Tottenham business he would have paid everybody in full, but I do not think he could do so now after it has been in official hands for eighteen months.

Re-examined. I know now that the guarantee of Mr. Comber is proved to be absolutely worthless and that he is now a bankrupt—that is one of the assets upon which I thought the prisoner could meet his liabilities—at that time I had not reason to suppose, nor had the prisoner, as far as I know, that the man was not perfectly solvent—I believe that in 1904 the prisoner went into partnership with Mr. Sanders—the partnership lasted for about three months; then the prisoner went into business at Breams Buildings—he was practising as a solicitor up to the taking of the bankruptcy proceedings.

FREDERICK WILLIAM ALLINGTON . I am a clerk in the pay office of the Snpreme Court—under an order of March 4th, 1902, £316 16s. 10d. was to be paid into Court—I believe it was paid in a short time since, but there was no payment up to December 10th, 1905—Exhibit 34 is an application for Power of Attorney by Thomas Parkinson Worthington and signed by Harry Scott, in respect to 11, 578 6s. 2d., and on that Power of Attorney this cheque for that sum was paid out on September 9th, 1903—this (Produced) is the receipt of that date, signed "Harry Scott "—that cheque refers to Exhibit 17, which is an order of Mr. Justice Byrne of August 6th, 1903—it has been met.

WILLIAM TIDDER . I am a clerk to Mr. Hughes, solicitor, of East Grinstead, who carries on business as Hastie & Co. there—on April 21st, 1903, we received this letter enclosing a writ in the case of Mawson against Lloyd, and on May 7th we sent the prisoner a cheque for £157 14s. 7d. and received an acknowledgment dated May 8th—later on we communicated with our firm of Hasties in London.

Cross-examined. The cheque is made payable to Messrs. J. E. & H. Scott.

GEORGE JAMES LANGDON . I am a solicitor and a member of Hasties, 25. Lincoln's Inn Fields—we acted for Hasties, of East Grinstead, in the matter of Mawson and Lloyd—on their behalf we paid this cheque for £212 to the prisoner's firm—it was paid.

WILLIAM HENRY SNOW . I am a solicitor and town clerk for the Borough of Southend—the prisoner has acted as my London agent for some years—in 1903 I was acting for the Mayor and Aldermen of the Borough against win. Dutihl-Smith, McMillan & Co.—the matter was referred to arbitration, which lasted for a number of days, when a settlement was arrived at—as counsel for the Borough, I retained Mr. Pickford, K.C., Mr. Sanderson, K.C. and Dr. Horbert Smith—there was printing which had to be done in connection with the arbitration as well as shorthand notes-under the date of November 24th, 1903, I received this letter from

the prisoner in the course of which it says: "The general expenses in this case are, of course, very heavy. We shall be called upon directly to pay the proportion of the printing bill and the shorthand writers' charges which will, we estimate, amount to nearly £200. The counsel's fees will also amount to over £1,000 and we shall be very glad if the Corporation can give us a cheque on account to meet some of these liabilities in part—I answered that on November 25th (Asking if his share of the printing bill and shorthand writers' charges would amount approximately to £200, and also asking for a list of counsel's fees showing the total amount, and for a print of the proceedings)—on November 26th I received this letter, showing the details of the printer's bill and shorthand notes, amounting to £189 4s., while the three counsel amount to £1,146 4s.—Exhibit 52 shows the details of Mr. Sanderson's fees, which work out at £322 7s—on November 28th I wrote to the prisoner (Asking that the costs in Dutihl Smith might be treated separately, so that they might be taxed and settled. and asking for completed bill of costs)—under date December 16th I sent a cheque for £1,000 on account of costs and asking for his complete bill of costs as soon as possible—the cheque has a form of receipt at the foot, which has been signed, "J. E. & H. Scott," I believe in the prison's writing, dated December 16th, 1903, and we received this letter also, dated December 17th (Read): "We are duly in receipt of your cheque value £1,000 generally on account of costs herein, for which we are obliged. We are getting on with the costs "—the bill of costs rendered to me in this matter worked out at £1,558 7s. 8d., which on this account would have left £558 7s. 8d. due to him—on June 6th, 1904, I received this letter from the prisoner (Stating that they were anxious to complete the settlement of the accounts; that Mr. Pickford was pressing them for an immediate settlement of his fees; that the bill was rendered for £3,100 on account, of which £1,000 was sent at Christmas; that the gross amount of outlays on the bill was roughly £1,650, but that excluded stationers' charges, which would probably increase the outlay by another £100; that they had received three small sums which they proposed to credit the witness with as against profit costs, and asking for a cheque for £700 to enable them to complete the vouching of the bill)—on June 7th I replied (Stating that he could get no further payment until the meeting of the Council on July 19th; that he had expected to receive the vouchers to enable him to have the costs taxed so as to obtain a cheque for the full amount of the balance; that the prisoner's cash account to the end of 1903 showed a balance owing to the Corporation of £877 13s., which would be increased by other items to £895 10s. 6d.; that they (the prisoner's firm) had since received £127 19s. 2d. in Penny v. Corporation and had omitted to credit the Corporation with two sums of £3 each which they had received; that he was surprised at receiving a letter from Mr. Sanderson*s clerk, a copy of which he enclosed; asking them to send a list of all counsel's fees still remaining unpaid; and that he quite understood that substantial payments on account would have been paid to counsel out of the £1,000 paid them in December)—on August 2nd I wrote to the prisoner again (Stating that Mr. Pickford and Mr. Sanderson had applied direct to the Corporation for payment of their fees; that it appeared

that Dr. Herbert Smith's fees were also unpaid; that the £1,000 paid to him (the prisoner) on December 15th was for the express purpose of being applied to costs, counsel's fees and disbursements in Dutihl Smith, McMillan & Co. v. the Corporation, and that he had signed the receipt at the foot of the cheque in those terms; that his bill of costs against the Corporation amounted to £1,539 10s., whereof £1947s., 11d. represented his charges and £225 3s. 9d. disbursements except counsel's fees, so that out of the £1,000 there was a balance of £580 8s. 4d. in his hands specifically payable towards counsel's fees in the action and asking that during the present week he would pay that £5 80 8s. 4d. to those counsel on account of their fees; also asking for vouchers of the before-mentioned disbursements, as the Corporation had been applied to by the shorthand writers for payment of their fees, but that they had been referred to the prisoner)—on August 5th he replied (Stating that he was getting the vouchers together and would forward them by an early post; that some of them he had not been yet able to get from Mr. Sanders at King William Street; that he was proposing to pay the counsel in Dutihl Smith sums on account and that he took it that all the witness required was sufficient vouchers to cover the £500 odd mentioned by him)—I wrote on August 8th (Again asking for vouchers for disbursements amounting to £225 3s. 9d., and for vouchers for the balance of £580 8s. 4d., remaining in the prisoner's hands specifically in respect of counsels fees, and asking how he proposed to allocate the £580 8s. 4d. between the counsel, so that he (the witness) could arrange to pay the balances direct)—on August 10th the prisoner wrote again (Stating that he was giving the vouchers his best attention, proposing to pay each leader £200 and the balance to the junior, and asking if that met with the witness's approval)—I wrote on August 11th (Stating that he had no objection as to the allocation of the amount in his hands payable for counsel, but urging upon him the importance of there being no further delay, and that although counsel were pressing for payment of their fees, the Committee had decided not to recommend any payments until the outstanding matters between the prisoner and the Corporation were settled)—I wrote again on August 16th (Stating that the matter could not be allowed to be delayed indefinitely, asking him to fix an early date by which the Corporation might rely upon receiving the vouchers, and stating that although the Corporation had no desire to be compelled to take proceedings, if the delay was continued then would be no alternative left them)—I wrote again on August 24th (Stating that he was surprised that he had not had a reply to his letter of August 16th and pressing for a definite reply)—I heard no more, and on November 22nd I wrote again (Stating that the prisoner's bill of costs against the Corporation for 1903 was about to be taxed; that he would be glad to receive touchers for disbursements, otherwise all such payments, so far as they were not vouched, would be disallowed on taxation)—that letter is headed "Re J. E. & H. Scott in Bankruptcy "—at that time I had heard of the bankruptcy—I should receive a notice of the first meeting from the Official Receiver—I did not get any vouchers—the taxation proceeded—I am not prepared to say that there were no vouchers forthcoming as showing that there had been any payments to counsel—the bill is delivered at £1,558 7s. 8d—there are some small fees allowed on taxation in the bill

for counsel, but there are £1,100 or £1,200 in the bill for counsel and other disbursements which could not be allowed except on production of vouchers—Messrs. Barber, the printers, and Messrs. Barnett & Barrett, the shorthand writers, did not produce any vouchers to show that they had received their money.

Cross-examined. The money sent by the Corporation was on account of counsel's fees and other disbursements—if the prisoner's bills were paid in full there would be £558 over and above the £1,000 that was sent; that is down to December, 1903—there were a number of matters in the prisoner's hands in addition to these, for which bills of costs were not in, allowed and taxed, and dealt with separately—the cash account for 1903 shows a balance due to the prisoner on January 1st, 1904, of 1877 13s.—I do not know what the indictment charges, but I will take your statement that the amount misappropriated out of the £1,000 is £805, so the amount due by the Corporation, according to that account, exceeds the amount said to be misappropriated—further work was done by the prisoner between the end of 1903 and the time that he entered into partnership with Mr. Sanders—he would be doing work for the Corporation down to March 25th, in respect to which he would be entitled to be paid, but I cannot tell you how much—I have had no account—this matter was considered by the Corporation as to whether they ought to prosecute, and it was decided that they did not think it proper to initiate proceedings—they are not the prosecutors here—I cannot say when they came to that decision, but I was in communication with the Public Prosecutor—the defendant and his firm have acted for the Borough of Southend for about eight years, and during that time had large amounts of Corporation money pass through their hands, which have up to this incident been properly and justly dealt with.

Re-examined. The sum the defendant was entitled to deduct out of the £1,000 is £194 7s. 11d., his charges, and the balance is £805 12s. 1d.

By MR. MUIR. If the counsels' fees were paid, the Corporation would, then pay the defendant the balance due upon their being taxed.

By the COURT. Apart from this bill, there was £800 odd due to the defendant after taxing.

PERCY MASON . I am a chartered accountant of 66, Gresham Street, and the trustee in the defendant's bankruptcy—the net assets which I have been able to realise amount to £449 1s.—I have been unable to obtain anything from Mr. Comber—I have obtained a charging order on an annuity of £56 a year coming to Mrs. Tottenham—no dividend has been declared in the bankruptcy.

Cross-examined. The capital value of that charging order might depend on having an insurance policy on Mrs. Tottenham's life; it might work out at £1,000—I got the order about a month ago—there are some matters standing over on which I may realise something more—if these counsel's fees were paid by the prisoner the Southend Corporation would owe nearly £880 to the estate—the Corporation or the counsel would have no complaint at all—I have been told of the existence of an estate in Italy which Mrs. Tottenham has an interest in, and I am trying to find out if there is such

a place in existence—Mrs. Tottenham's mother, a foreign countess, has recently died, and through her death Mrs. Tottenham has come into this annuity—my solicitors have instructions to inquire into the Italian law of inheritance.

Re-examined. I have been unable to find out where the Italian estate is—I do not know if there is a policy of insurance effected upon Mrs. Tottenham's life.

JOSEPH BARBER . I am one of the firm who did the printing in relation to this action—the amount charged against the Corporation of Southend was £105 9s. 4d.; we never received that—we were the petitioning creditors, against the defendant on August 19th, 1904.

WILLIAM GEORGE BABBITT . I am a partner in the firm of Barnett and Barrett, shorthand writers—we did the shorthand notes in this arbitration, and our charges in respect to it were £67 13s.—we have not received that sum.

Cross-examined. We have done work for the defendant's firm, I think, for nearly twenty years, and had a running account with him—he paid off amounts from time to time—I think our account came to £118.

JOHN HENRY CRITCHLEY . I am clerk to Mr. Pickford, K.C., at 2, Mitre Court Buildings, Temple—he was the leader retained in McMillan v. Mayor, etc., of Southend—I produce a copy of his fees, which work out at £512, from October 16th to November 6th, 1903—he was not paid anything in regard to those fees—I sent the list of fees in just before Christmas, and, thinking the Corporation would settle it, I applied about March—I saw the defendant—he said, "I have tot got this money yet "—I said, "None at all?" and he said, "No. I have been very busy with, an audit. I am going to take a new partner, and, as you see, I have got all my books about me "—the room was very much upset—I saw him. again in May—I thought it was time the money was paid and I am afraid I pressed him for it rather closely—I said, "It is very evident you are not going to move in this matter, but I am. If you are reluctant to press, the Corporation of Southend I am not, and unless you can show me a letter or a copy from the Southend Corporation showing the reply to your letter, I will communicate with them myself "—I gave him two days to do it—he said he could not bother, so I telephoned to Southend—we never were paid, and it is outstanding to this day.

Cross-examined. The prisoner was the solicitor acting in London for country solicitors in other cases in which Mr. Pickford has been instructed, but he did not deliver the briefs—Mr. Pickford has received considerable amounts in fees in connection with those cases, but from the country people and not from the prisoner.

JOHN JOSEPH JACKSON . I am clerk to Mr. Sanderson, K.C., 2, Pump Court, Temple—I produce his list of fees in respect to this arbitration, amounting to £322 7s.—I sent it to the defendant on December 18th, 1903—I have received no payment whatever in respect to it.

Cross-examined. Mr. Snow came and gave me his private cheque for, I think, £56 odd for another matter in Southend—I said at the Police Court, "I have known Mr. Scott as a client for about eight years. Mr.

Sanderson has been paid considerable sums in fees in matters in which Mr. Scott has acted. "

Re-examined. Mr. Snow paid some fees in Penny's matter.

By the COURT. No fees were paid by the prisoner—we were only paid in two matters, Penny's and Dutihl Smith.

STANLEY SHARP . I am clerk to Dr. Herbert Smith, who was the junior in this arbitration—there were fees owing by the defendant amount ing to £284 10s. 6d.—we have never received them.

Cross-examined. There were some fees in an interlocutory matter which were paid in July—at the Police Court I said, "Dr. Herbert Smith has been instructed through the defendant since 1889, and has received considerable amounts in fees. "

ROBERT TUNLEY CUFF . I am managing clerk to Mr. Lewis Harding, a chartered accountant, and I have been in the habit of posting up the defendant's books—this ledger contains his agency accounts, and under the date of April 1st, 1902, I find £316 16s. 10d. credited to the account—I find no debit entry in that account in relation to that sum—I balanced the account for the half year ending June 30th, 1902, and when I did to there was £202 4s. 8d. carried forward as the balance in the defendant's writing—it is quite different to the rest of the writing, which is mine—that entry was made before I balanced the account, and purported to show a debit balance against Mr. Gatey—I cast the items in the account and corrected the balance according to the figures—I corrected it to £114 12s. 2d. and put my pen through the £202 4s. 8d.—the £114 12s. 2d. is correct—the £316 16s. 10d. is not shown on the debit side, and it should not appear there if it had been paid away—according to the figures in the book the £202 is wrong and the account ought to be £114 in credit—my attention was called to it in September or October, when I went through the books—in Exhibit 6, which is the cash account, I find the £316 16s. 10d. on both sides and the debit balance is correctly shown at the bottom as £202 4s. 8d.—these figures, £646 9s. 8d., are mine—in the ledger account of May 8th, 1903, there is a credit of £157 14s. 7d., which not carried to the debit side of that half year—I find in the defendant's writing in pencil another credit entry of £157 14s. 7d., but it may not be under the date of August 18th, because I take it that is only a note—the last date before that pencil note is August 18th.

Cross-examined. The £157 14s. 7d. had already been put into the previous half year—if the account had been shown without that sum it is quite proper that it should be put into the second half year—I have made up the defendant's books since about December, 1900, and have had access to all his books—I had the assistance of all his clerks if I liked to apply to them; for the most part the entries are in my writing—if the £316 was put down here on the debit side the account would be £202 in debit—somebody put down £202, which was required to make up the £316 if it had been there—the defendant took no part in the book-keeping, but performed the purely legal part of the business—I drew the statement of affairs in bankruptcy—if the book debts were good they would amount to £9,449, which includes Mrs. Tottenham's £7,339, and Comber's £163, and the

Southend Corporation's £763—if all those debts were good the deficiency would be only £405—if the defendant or his clerks had any note to put in the ledger in making up the books I asked them to do so in pencil, so that I could put it into its place, so all the entries were subject to my revision.

SAMUEL BOONS . I was formerly in the defendant's service for about twenty years, and it was a custom to send letters of solicitors for whom we were acting as agents in the form of memoranda, and to keep copies—that was started, I think, in 1902—I should have asked the defendant about this cheque for £316 odd, as I had charge of the proceedings—it is three years ago, but I think he said he would see Mr. Gatey and settle the matter—it was not usual to keep copies of accounts which were sent to the country agents—I did not know that a copy of an account containing this item (Ex. 6) had been kept in the office—this account is in the writing of a clerk named Smith.

Cross-examined. I find that the ledger contains an account with Mr. George Gatey from January to June, 1902, and I find there £316 16s. 10d. on the right-hand side of the book, so the prisoner debits himself with the receipt of it—I do not know that the other side was added up as if that sum was there also—I think the defendant was away at Torquay in 1902 at the time the cheque for the Brocklebank matter was received—he was ill at the time; it was in March, 1902—this letter, dated March 27th, to Mr. Gatey, saying we had received the cheque for £316 16s. 10d., was probably written by me—I had charge of the Brocklebank matter, and I do not think the defendant interfered in it at all except when I wanted his special opinion.

Re-examined. I had no authority to indorse cheques in the defendant's name—this cheque has his indorsement, but if he was away it would be sent on to him and under his instructions would be paid into the bank.

ALFRED BENTLY SMITH . I am a clerk and was at one time employed by the defendant—I made Exhibit 6 in this case—I cannot say now it came to be made out—it is a copy of the account sent to Mr. Gatey—I do not think I took it from the books—if I did not it was probably from a rough kind of draft; I cannot say by whom made—probably the defendant would give it to me—I have no recollection of preparing it.

Cross-examined. My reason for saying I did not make it from the book is that I have looked at it, and it is not quite the same—I forget how often Mr. Cuff came in to make up the books—they were very often entered up in pencil—this account may have corresponded with the pencil entries.

By the COURT. I think I made this copy in 1902.

WILLIAM NEWBIGGIN BEAL . I am an accountant at the Capital & Counties Bank, Ludgate Hill—J. E. & H. Scott kept an account there, which I produce a copy of, which shows on April 1st, 1902, a payment in of £326 16s. 10d.—I also produce a paying-in slip in respect to that sum, which includes a cheque for £316 16s. 10d.—previous to that paying in the account was overdrawn to the amount of £174 18s. 3d., and on April 5th it was again overdrawn by £5 1s. 6d.—this certified extract shows a payment in on May 8th, 1903, of £197 2s. 5d.—the paying-in slip of that date for that sum includes a cheque for £157 14s. 7d.—I produce and

certify Exhibit 82, which shows a payment in on September 1st, 1903, of two cheques, for £242 9s. 2d., and the paying-in slip for that amount includes a cheque for £212—I produce another certified extract which shows a payment in on September 9th, 1903, a cheque for £1,578 6s. 2d., and on December 17th there was a payment in of £1,000—I produce a list of returned cheques which includes a cheque for £350—on December 1st, 1903, I find that the defendants account was overdrawn by £382 17s. 8d., and by September 8th by £322 11s. 6d., so the payment in on September 1st of £212 had been exhausted by September 8th—before the cheque for £1,578 6s. 2d. was paid in on September 9th there was a debtor balance of £312 18s. 6d.—by October 7th the whole of the £1,578 6s. 2d. had been drawn out—before the payment in of the cheque for £1,000 on December 17th there was a debtor balance of £277 13s.

Cross-examined. In speaking of the account being overdrawn I mean the current account—the defendant had some money on deposit; I think £300—in April, 1902, he had a deposit account of about £300—on May 8th, 1903, the account was in credit for £776—in July, 1903, security was lodged for an overdraft of £375, so when I say that the account was overdrawn on December 1st, £382, £375 of that was secured, and on September 9th the overdraft was secured by that £375—on October 1st, when the cheque for £350 was returned, the account had been garnisheed three days before, but I cannot remember by whom.

Re-examined. The deposit account and the overdrawings were two separate transactions; the deposit was early in the history of the account—the security of £375 has since been realised; it was deposited by a third person, not by the defendant, and who is now, I presume, among the creditors.

JOHN BROUGHTON KNIGHT . I am senior examiner in the Department of the Official Receiver, and have examined the defendant's books, all of which are here for production if required—the books show that he was insolvent from the end of 1900 to the extent of £837—on December 31st, 1901, there was a deficiency of £916; December 31st, 1902, £1,446—I have not got an account up to December, 1903—I have followed the banking account for the purpose of seeing how the proceeds of the different cheques were allocated by the defendant—with regard to the cheque for £316 paid in on April 1st, 1902, he had paid away on April 4th for clients £104; £35 for himself, the office, and house; £17 15s. for counsel; the total being £157—I arrived at the figures by analysing the payments—there was other money paid in by him on April 5th, making it £5 in debit then—the account was in debit by July 8th, and there are many payments in and out to trace the £157 that was paid in on May 8th, 1903—out of the £212, £198 was drawn out for clients, £17 for himself, £17 for insurance, £11 17s. 6d. for counsel, and there was an overdraft of £60 6s. 2d., but there were other payments into the bank amounting to £92 16s. 8d.—of the £1,000 paid in on December 17th, £508 be. 8d. was drawn for Mrs. Tottenham's account; £98 1s. 2d. for himself; £237 10s. for certificates for himself and country clients; Antill, £100; Taxes, £75 16s. 6d.; Counsel's fees in two matters, £62 14s. 6d.; Mrs.

Edward Scott, £25; Mrs. Gatey, £12; and a client, £7 Us.—the cheque for £1,500 from Worthington was dealt with by the overdraft for £322 11s. 6d.; Mrs. Tottenham, £532 9s. 6d.; counsel, £359 9s.; sell, £198 8s.; shorthand writers, £39 0s. 4d.; clients, £112 10s. 8d.; agency, £59 16s.; Inland Revenue, £11 17s. 3d.; Wells, £44 1s. 5d.; Mrs. E. Scott, £7 2s. 9d.; bank, £4 16s. 1d.; and other payments into the bank were deducted, amounting to £113 16s. 4d.—the sum which the assets are expected to realise will be about £500, inclusive of the annuity, of which I have heard for the first time to-day.

Cross-examined. I know that the trustee in bankruptcy has got judgment for £5,000 against Mrs. Tottenham—as the result of a compromise the defendant gave me an account of his dealings with Mrs. Tottenham, and he brought her to the Bankruptcy Court—I read to her the account I had taken from the defendant of his dealings with her, and she said it was correct—I have tested that statement so far as I can, and find it correct as far as the books show me—the cheques which he drew out he paid into his business; they were drawn out in the usual way of business—I have analysed his expenses for one year and eight months, and the whole of his personal expenses for that period have been less than £700—he has a wife and, I think, one child—he got a guarantee from Mr. Comber for £5,000 with regard to Mrs. Tottenham, and before Mr. Comber gave that he signed a bill of exchange or promissory note for £4,000—I have heard that there was an earlier guarantee, but I have not seen it—in speaking about the account being exhausted I have not taken into notice the deposit account, as I did not know there was one—I have gone by the pass book, which shows it was overdrawn; it does not show the security given by the third party—the defendant has given me every assistance with regard to his affairs and I let him have the assistance of Mr. Cuff at the expense of the estate—I have had many communications with him—I am certain he knew more about the legal part of the business than about the financial part.

Re-examined. The trustee tells me that the securities have no value.

By MR. MUIR. There was a deposit by Mr. Comber of some shares in a mine by way of security—I believe they were taken by Mr. Sanders, the defendant's partner at the time the partnership was dissolved—they were of the face value of £4,000 or £5,000.


NEW COURT, Monday, January 15th, 1906.

Before Mr. Recorder.

8th January 1906
Reference Numbert19060108-178
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

Related Material

178. ERNEST SPELLER (28) , Robbery with violence, with another person unknown, upon Thomas Coombs, and stealing from him a watch and chain.


THOMAS COOMBS . I live at 110, Princes Road, Lambeth, and am a sewerman—I was going home on Saturday night, December 10th, about 12.15, with my son, Stephen, who is seventeen years old—I was wearing a watch and chain—a man knocked against me—I was hit by two men, one on each side of me, on my face and ear—my ear bled—I closed with

the prisoner—my chain was snatched—I managed to keep my watch in my hand, but my chain broke off—I saw it in the prisoner's hand, and the others ran away—I struggled with the prisoner on the ground—he got up, but did not get far—I ran after him; he hit me again, and I hit him on that occasion—I did not lose sight of him at all—he kicked me when I was on the ground—my ear bled, but it is better now—a policeman came up and caught the prisoner just after he left me—I saw the policeman catch him—I have not the slightest doubt he is the man.

STEPHEN COOMBS . I am the last witness's son and live with him—I am employed by a chemist—on Sunday morning, December 10th, I was walking home with my father—the prisoner and another man came and looked him in the face—we both passed by and took no notice, but they came back and hit father, one on one side and the other on the other—the prisoner snatched father's watch and chain—I saw the chain in his hand—he and my father struggled on the ground—a policeman came and he was taken into custody—I never lost sight of him from beginning to end—my father held to the watch and chain, but the chain broke—I saw the prisoner knock my father down, and kick him once or twice in the struggle.

Cross-examined by the prisoner. I ran a few yards away—it is not a lie to say you ran after us.

HARRY THOMPSON (55 L.) On December 10th I was in Princes Road, Lambeth, when I heard shouts of "Police" about 12.25—I ran into Houghton Road, and under the first lamp on the right-hand side I saw the prisoner and the prosecutor struggling on the ground—the prisoner, seeing me running towards them, struggled to get away from the prosecutor, and went up Edward Street—I caught him up in forty or fifty yards—I never lost sight of him—I brought himback to the prosecutor, who said, "That man was in company with another on who struck me, one on each side "—I told the prisoner he would han to go to the station—he said, "You are not f—well going to take me "—I said, "We will see "—he threw himself on the ground and tried to throw me, but I was aware of it—on the way to the station he said, "I will knock your f—brains in," and, "Let loose of my f—arm, or you will see what I will give you "—he became so very violent that I had to get the assistance of another constable—he was sober—when charged he said, "I deny it. "

The prisoner, in his defence, said that he had been out with his brother-in-law and his wife, had had a few drinks, and was going home alone when he knocked up against the prosecutor, lost his temper, and that, they got fighting, but that he did not touch the watch and chain; that the prosecutor never lost his chain, and there was not a mark on the prosecutor.

H. THOMPSON (Re-examined). The prosecutor was bleeding from the left ear, where he said he had been struck by the prisoner, when he came to the station.

Evidence for the Defence.

GRACE SPELLER MASON . I am married, and live at 108, Lower Kennington Lane, Lambeth—my husband is a stage hand—I was with the

prisoner on a Saturday night in December from 11.45 till 12.15t—we were in the Horse and Groom, where I had to meet my husband, in the Westminster Bridge Road, and where I found him drinking with the prisoner and two or three more—the prisoner is my brother-in-law—during the fifteen minutes I was with him in the Horse and Groom I had a glass of stout with him, when the barman refused to serve him with any more, as he had had sufficient—five of us came out of the Horse and Groom together—they were all friends of my husband—we said "Good-night," and the prisoner and myself went on to the Crystal Fountain beer-house, where they would not allow him to have any liquor at all, and we had to come out—I was catching hold of his arm—he could not walk fast without falling down—about 11.50 my husband stood talking to a gentleman about a collie dog, and we walked towards the Ship, another public-house, where they refused to serve the prisoner—I had only had on drink—the prisoner said, "Would you allow me to have some in a can?"—I had a pint and a half and a pot of four-ale in two cans, which cost me 8d. and 1d. on the can, and which I was taking home to have with my supper—I gave it to my husband to carry outside the Ship—I had to hold the prisoner up—they were calling out, "Closing time "—we stood two or three minutes—I had hold of the prisoner's arm—he could stand on his feet, but was better being supported—he is rather difficult to manage when he has had two or three drinks—when we came out of the Ship, Big Ben struck 12—we stood talking till 12.10—my husband was taking about business—they were rehearsing for "Peter Pan "—I said to the prisoner, "Do you think you can manage to see yourself home?"—he said, "That is all right; I think I can manage—there was a dog, and my husband was playing about with it—we walked with the prisoner to the corner of Wincott Street, and there said "Goodnight" to him, and left him all by himself—Ethelbridge Street is about three minutes' walk from Wincott Street—his wife came to me on the Monday morning when he was looked up.

Cross-examined. I was married on July 22nd—I said my name was Speller because of my excitement—I have never been in a place like this before—there were in the company my husband, the prisoner, and a man named Frederick Rudd—we left the prisoner after he had been refused drinks at three public-houses that night—my husband is engaged at the Waldorf Theatre.

Evidence in Reply.

THOMAS WHEELER (Inspector M.) I took this charge on the early morning of December 10th, about 12.45—the prosecutor was bleeding from the left ear—he charged the prisoner with assault and robbery of his watch and chain—in my opinion the prisoner was perfectly sober—there were no indications of drink about him—he did not ask to be seen by a doctor—while in the dock he did not take notice of the charges, and reeled about, so I took the precaution to search him, but I could find no signs of drunkenness whatever—I searched him so as to get close to him to detect any smell, but he did not smell of drink, and I came:

to the conclusion that he was sober—after reading the charge over to him I took him to the cell, and immediately all the previous signs of drunkenness disappeared—in reply to the charge he said, "I deny it" he was locked up from the Saturday night till the Monday morning in the cell—I was on night duty and left at 6 a.m.—the prosecutor had no chain.

T. COOMBS (Re-examined). The swivel was broken and the chain disappeared.

H. THOMPSON (Re-examined). A search was afterwards made, but no chain could be found.

GUILTY . The prisoner was stated to have been in respectable employment. Respited till next Sessions for further inquiries.

8th January 1906
Reference Numbert19060108-179
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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179. HARRY BEALE TRESS (39) , Obtaining from Sarah Taylor drivers monies amounting to £5 4s. 8d. and £6, by false pretences with intent to defraud.

MR. A. GILL Prosecuted; MR. C. G. ALABASTER Defended.

SARAH TAYLOR . I live at 34, Northampton Street, Islington—early in 1900 I was engaged to be married to Henry Parkins—the engagement was broken off, and I took steps to bring an action for breach of promise of marriage—I saw a plate on the door at 18, Shelburn Road, Holloway; that is about twenty minutes' walk from my place—it was a plate of Mr. Edridge and had on it "Solicitor, Commissioner for Oaths "—I had known the prisoner two or three years before that—we belonged to the Salvation Army, and I thought he was a good man—he told me he was a solicitor's clerk in the employ of Mr. Edridge, but that he had not been working for him long—this was two or three weeks before the action commenced—when I met the prisoner he advised me to go and see Mr. Edridge—I went to see him about May, 1900—I saw the prisoner, who told me the solicitor was very ill, and was away for the benefit of his health, in Italy, or Spain—he offered to bring the action, and took down my statement in writing, and wrote the letters produced—I signed this retainer (Produced) and gave him 4s. 8d. to write a letter to Mr. Parkins—on May 20th, 1900, I made him a payment of £5, for which he gave me the receipt produced—he said he would take the case up for £20, and I did not pay it all at once; I paid it as he asked for it—I had been engaged in the City, but was not very well at that time, and had left my business—I had then £20 in the bank—he wrote me this letter of June 13th for further instructions, and asking for £5, and I then paid him another £5—I received this letter of June 14th, stating that be had issued the writ, and that a copy had been served on the defendant; also the letter of June 23rd, stating that he had signed Interlocutory Judgement for the damages to be assessed by the Sheriff, and that he required £15—I am not quite sure that I paid him that all at once, but I know that I paid him altogether £31—he told me that the £20 was to cover expenses till we got to the Court, and then he said there were other expenses—I paid him all the money I had in the bank, and borrowed the

other £11 from my brother-in-law, so as not to let the thing fall through, as I wanted to get damages out of the gentleman who had treated me so badly—he gave me this receipt for £6, dated June 29th, on account of costs and disbursements, and signed for Robert Edridge—I have not had all my receipts—on some occasions he said he had not any stamps—I think £9 was my last payment, but I had no receipt for that—the letter produced of July 11th purporting to come from Robert Edridge was to ask me to give evidence, and accordingly I attended at the Sheriff's Court on July 20th, when the damages were assessed at £25—the following day I got this letter asking for 30s. to enable him to sign judgment, which he states "will involve a further payment of £1 10s. "—I paid him that—on August 1st I received this further request for 5s., giving details of small payments—I think I paid him 5s. then, and another 16s. on August 20th was demanded as the balance of the judgment summons—I received this letter of December 3rd:, that as I had not kept my promise and paid the 16s., he did not propose to act further for me—I had promised him the 16s., and I had paid him what I could, but he had told me a wrong sum, and I hesitated, but I paid him altogether £31—I was next served by Mr. Parkin's solicitor with a notice to set aside the judgment on the ground that the solicitor's name had been placed improperly on the writ of summons—I was surprised in a way, but I had gone to see the prisoner and found the place shut up, the brass plate gone, and the door locked—I saw him once since at a Salvation Army meeting, but he got out of my way as quickly as he could—he was not in the Army uniform—I wrote and informed the officers of the Army, and I laid my charge before the Magistrate some time in October, 1900, just after signing judgment—I next saw him at the Salvation Army Headquarters, when he wanted to give me the benefit of his life insurance and said he did not think a warrant was out against him, as it could not be after twelve months, and that I should have to renew it—I knew that a warrant was out against him, and that he had insured his life for £60, and he said he would pay me out of that—I declined—he went away, and I have not seen any more of him—I never saw Mr. Edridge—the prisoner told me he was away, but that it was quite right, as he was acting quite fairly, and in reply to me he said that Mr. Edridge was much better, and that he had heard from him; I said that my father wished to see him, and that he ought to see my solicitor—he said he was working for me, and not for my father, and that if I did not trust him I could take my papers elsewhere, and he could not say when Mr. Edridge would return—I think that was after I paid him the £9, when I got no receipt—I did not know Mr. Edridge was dead—I asked the prisoner if Mr. Edridge was aware of the proceedings, and he said he was quite aware of them—that was when he commenced the action—I thought I was going to see Mr. Edridge at the Sheriff's Court—the prisoner told me it did not matter, and that I had counsel acting for me—counsel was at the Court, and the prisoner told me if I was asked by counsel where the solicitor was I was to say he was still away for the benefit of his health—afterwards the prisoner said I should not get any

money, and I ought to be satisfied that I had got clear, and had right on my side, as he did not think I could get any money out of Parkins—that was about the middle of the proceedings, but I was not going to let it fall through—he said Parkins was a man who did not earn mock money—Parkins always gave me to understand he was an engineer's assistant—the letters produced, signed "Robert Edridge," written to Parkins, are in the prisoner's writing, so is the writ, but I am not sure as to the notice given to Parkins—the bill of costs is the prisoner's writing, the judgment summons, and the certificate of costs.

Cross-examined. I knew the prisoner as "Brother Tress," having met him at a Salvation Army meeting—when we were speaking together about my love trouble he asked me to come to his office—he told me directly that I could not see Mr. Edridge—I never saw him at all; I never saw anybody but Tress—I know that he did carry on my case, that he did pay out-of-pocket expenses, and that my not getting the money was not owing to to irregularity—I am quite sure I paid him £31, in instalments—as to the £9, he said he had no stomps, and asked if I would mind if he sent it on, but I never got it; that is why my father wished to see him, and then he said that Mr. Edridge was away in Spain—I do not remember him saying that he had not heard from Mr. Edridge and that no news was good news—I saw the prisoner several times at the Salvation Army Barracks at Hoxton—I refused to take an insurance on his life—I did not say I wanted £50 more than he offered me—I refused his insurance, as he might hate lived longer than I—I do not suppose he had £50—I knew the warrant was out in 1901, and I thought it was the duty of the detectives to find him, but he kept out of the way—I did not make any other inquiries than through the officers of the Army—a colonel of the Army asked me to see the prisoner, and I saw him.

Re-examined. I was told the prisoner was living in Glynn Road—one of the Salvation Army officers went there, and found he had gone—all the five years this warrant had been out I did not know where he was living—in 1901 I had an interview—I only met him once after the writ was out, and that was at the request of the Army officer Stitt—I did not ask for a sum of £50—I at no time saw Mr. Edridge—the prisoner never at any time introduced me to anybody as Mr. Edridge.

ROBERT HERBERT EDRIDGE . I live at 95, Peascod Street, Windsor, and am a clerk to a barrister in the Temple—I am the son of Robert Edridge, a solicitor, who last practised at New Inn Chambers, Wych Street, Strand, up to September, 1899—I was in the habit of going to the office almost daily all the time he was there, to see him—before that he practised in St. James Street, Bedford Row, and in Gray's Inn Square—I never sew the prisoner—I never knew the name of Harry Beale Tress as in any way connected with my father—after September, 1899, he ceased to practise—he had no office—he lived in the Cambridge Road, Wanstead, and I lived with him down to near his death at 56, Walford Road, Leytonstone—I never saw the prisoner there—my father was taken seriously ill about the end of May. 1900—in consequence of his condition he was removed to the infirmary and died on June 12th—I saw him the morning he died—the next

morning I heard he was dead—he never lived at 18, Shelburn Road, Holloway.

Cross-examined. I am twenty years old—New Inn Chambers is now pulled down—my father never took up his certificate for 1900, and the duty is not paid—my father once had a brass plate at Peckham which had on it, "And at New Inn Chambers "—I am positive he never had an office at Holloway—he would have told me if he had, and I must have known, for I saw him daily.

Re-examined. I have seen no correspondence or papers connected with the prisoner since my father's death—when he went to live at Leytonstone he was not in a condition to transact business—I saw him daily—if he had been carrying on business as a solicitor I must have known it—he was certainly not in a condition to travel to Italy or Spain.

WILLIAM HENRY HARWOOD . I live at 16, Upper Tooting Road, and am a porter at the Law Society in Bell Yard—I produce a certified extract of the Roll of Solicitors for 1899 and 1900, in which I find the name of Robert Edridge as carrying on business at 41, Wych Street, Strand—the receipt for his certificate is dated December 15th, 1898—on January 13th, 1900, there was an application by Robert Edridge, but the duty was not paid—the last time the duty was paid was on December 31st, 1898—that expired on December 15th, 1899.

RUSSELL SPENCER . I live at 2, Shelburn Road, Holloway, and am lessee of 18, Shelburn Road—the prisoner from June, 1899, to September, 1900, occupied a part of those premises, the upper part of the home in the first portion of the tenancy, and the lower part in the second portion—he lived there with his wife and one child—he dame from No. 11, on the opposite side of the road—I saw a plate on the railings of No. 11, at well as at No. 18—I do not know Mr. Edridge—the rent was 9s. a week, paid weekly—he gave me notice, of not quite a week—he was a satisfactory tenant.

HENRY JAMES PARKINS . I live at 53, Chalfont Road, Holloway, and am a machinery oiler—a little before June, 1900, an engagement between Miss Taylor and me was broken oil—I received this letter, dated June 8th, 1900, and signed "Robert Edridge" (Stating that he was instructed to take legal proceedings in the event of his failure to fulfil his promise to marry Miss Taylor)—I took no notice of the letter—I was served with this copy writ (Produced) on June 23rd—it purports to be issued by Robert Edridge, solicitor, of 18, Shelburn Road—I entered no appearance—I next received this letter of June 26th (Giving notice of Interlocutory Judgment having been signed, and of hearing at the Sheriff's Court of evidence as to his means, etc., and as to the assessment of damages)—I attended the Sheriffs Court, but not the first hearing, and I did not have a chance to give evidence—I took some part, but they took no notice of what I said—the Jury gave a verdict against me for £25—I next received the bill of costs (Produced) for £31 12s. 2d., and this letter, demanding payment, with the damages, of £56 12s. 2d.—I was next served with a judgment summons—after that I made inquiries—I called at 18, Shelburn Road, and saw the prisoner—I asked to see Mr. Edridge—he said Mr. Edridge was not at home—I called

several other times—one time he said, "You cannot expect to see Mr. Edridge this time of night "—that was between 6 and 8 p.m., when I supposed he had left for the day—another time I called between 2 and 3, and he was not at home—I cannot say how many times I called, but I never found Mr. Edridge there—the prisoner told me he had gone away to recruit his health—I cannot remember where he said, but I think it was either Spain or Portugal—I had my suspicions—I heard something—I placed the matter in the hands of my solicitor after a time, and the judgment was set aside on my instructions—I have not been subjected to any further action in respect to this lady.

ARTHUR NEIL (Inspector Y.) On December 3rd last I went to 53, Langdon Road, Upper Holloway, in company with Sergeant Jennings—I held a warrant which had been issued on October 16th, 1900—I told the prisoner we were police officers, and said, "Your name is Tress?"—he hesitated, then said, "Yes "—I said, "Harry Beale Tress, I believe?"—he still hesitated, and I said, "Well, your name is Tress. We have a warrant for your arrest "—he said, "Oh, I suppose that means Miss Taylor's matter "—he commenced to make a statement, when I said, "If you are going to make a statement I will take it down in writing now "—I took it down—he said, "This matter was settled after the warrant was issued. It was a few months afterwards; we all met at Colonel Stitt's office of the Investigation Department of the Salvation Army. We were all present: Miss Taylor, my wife, and Captain Atherton, a lady officer. Miss Taylor and I shook hands. She forgave me the debt and said she would take no further step. She did not put it in writing; I asked her to. I promised if ever I came into any money I would pay the money over, though I had been legally advised I was not liable. I was advised so by my father, who was formerly managing clerk to a firm of solicitors. My father told me that morally something ought to be done for the sake of the girl. He advised me that there was no false pretence. I understood that the warrant was withdrawn. They wanted me to bring up £3 10s. 6d. for the costs of withdrawing the warrant, as I understood. I was out of work at the time, and could not find the money, They told me if I could not get the money nothing would be done. I have not heard anything of the matter since, though I have occasionally met Miss Taylor since, but not to speak to her. I did not have so much as £30; it was £23 16s., and that I did not have for my own personal benefit. The man Edridge, by whom I was employed, had the money, and absconded, or is said to be dead "—he afterwards made a further statement, which Jennings took a note of—he was taken to the station and charged—before he made that statement I explained to him that the warrant had not been withdrawn, or else it would not have been in our possession, but he persisted in making the statement, and I said would write it down—I have examined the Rolls of Solicitors—I cannot find any record of Robert Edridge, except that which has been produced.

Cross-examined. The warrant was issued five years ago—it was not served, because we had no knowledge of the prisoner's whereabouts although inquiries were made—I explained to the prisoner that if the

warrant had been withdrawn the proper course would nave been for the parties to have attended before the Magistrate, but if they had done that he would not be here.

Re-examined. No application has been made before the Magistrate during the five years the warrant has been in existence—there if no foundation for stating that there has.

ALFRED JENNINGS (Sergeant Y.) I was present when the prisoner was charged—he said, "I did not obtain any money under false pretences. It was all settled in March, I think, or April. My father offered the Salvation Army £15, but they refused to take less than £55 "—I have compared this certificate of the entry of Mr. Edridge's death with the register, and this is a correct copy of the certificate of the death of Robert Edridge in the infirmary.

The prisoner, in his defence on oath, said that Mr. Edridge had arranged with him to act as his clerk, and had taken a share of his rooms at 3s. a week to carry on the business; that he had carried it on for him at 18, Shelburn Road, as his clerk, while he was away ill, under the direction of a Mr. Thompson, whom he met outside the Law Courts; and that he was not aware of Mr. Edridge's death until he was informed by Mr. Ind, a clerk, whom he knew, and whom he met in the Strand, when he took steps to shut up the office and send the papers to an address which Mr. Edridge had given him on post-cards which he had lost or destroyed.

Evidence for the Defence.

THOMAS EDWARD IND . I am managing clerk to Messrs. Faithful and Sons, solicitors, of Thanet House, Temple Bar—I have known the prisoner from about 1887—I knew his father—I knew Robert Edridge—I often used to see Edridge and the prisoner about the Courts and in Chambers, but not together—I met the prisoner in September, 1900, when he explained to me that he had commenced an action and obtained a verdict in a breach of promise of marriage case; that the costs had been taxed and he was about to issue a judgment summons to enforce the judgment; I asked him who the solicitor was and he said Mr. Robert Edridge—I said that Mr. Edridge had been dead for some time—I think at that time he had been dead about three months—he seemed astonished, and I said, "I think if I were you I would not do anything further in the matter "—he then left me.

FLORENCE TRESS . I am the prisoner's wife—I was married to him seven years ago, I think on October 22nd, 1898—I do not remember dates, but about five years ago I was living at 18, Shelburn Road, Holloway—my husband was then acting as a solicitor's clerk—on two occasions I opened the door to the gentleman I understood to be the solicitor—my husband told me he was his principal, Mr. Edridge—his name was on a brass plate outside on the railings—we had three rooms on the first floor, a front room, a sitting room, and a kitchen—I remember seeing post-cards with the name of Edridge on, but I have looked for them and could not find them—I do not know what became of them.

Cross-examined. I was asked before the Magistrate if I had seen the

post-cards, but I have not seen them since my husband was committed for trial—I was at home during the day, but I do go out a good deal, shopping—I generally opened the door if somebody called, more than my husband did—I remember this gentleman calling twice—I cannot remember when my husband told me he was Mr. Edridge.

Re-examined. I cannot tell you if Mr. Edridge had a key—I do not know that I should see him if he called frequently, because people came in and out, and I did not always know who they were—if a person cane two or three times a week I should know that person—no such person came.

GUILTY . The prisoner received an excellent character. Six months hard labour.

FOURTH COURT.—Monday, January 15th, 1906.

Before J. A. Rentoul, Esq., K.C.

8th January 1906
Reference Numbert19060108-180
VerdictGuilty > unknown
SentenceImprisonment > hard labour

Related Material

180. FRANK HARRISON HOWARTH (30) , Unlawfully and fraudulently obtaining from Francis Joseph Duggan £100 and £200 by means of false pretences, with intent to defraud. Other counts. In incurring those debts and liabilities to pay Francis Joseph Duggan those sum of money, obtained credit from him under false pretences and by means of other fraud.

MR. PARTRIDGE Prosecuted; MR. OLIVER Defended.

FRANCIS JOSEPH DUGGAN . I have been to South Africa and returned last February—I had then a little money—I was without employment—on April 7th, 1905, I saw this advertisement in the "Daily Telegraph ": "A City firm of auctioneers and land agents require a smart gentlemanly man to take charge of their offices. Security cash required. Address 'Reliable,' Horncastle's, Cheapside," and replied to it—I received this letter: "With reference to your application, kindly give us a call tomorrow (Saturday) at 11 a.m. and oblige, Tours faithfully, Howarth Bros, & Co. "—the letter has this printed heading: "Howarth Bros. & Co., Auctioneers and Surveyors, Land Agents and Valuers. Expert Mortgage Brokers. Managers to the Hayling Estate, Ltd. And at 317, Lake Road, Portsmouth, and Branches. 21, Bucklersbury, Bank, E.C. "—I called on April 8th at 21, Bucklersbury—I saw the name of "Howarth Bros, & Co." up—there were two clerks in the office—I noticed auction bills stuck up round the office—I saw the prisoner—he asked me if I wished to accept this employment as clerk in his office at a salary of £2 a week and would I deposit £100 cash security for fidelity, as I should be handling sums of money—I asked him if he was doing a good sound business—he said he was; that he had branches at Portsmouth, Bristol, Leeds and Bradford—I asked him how long he had been established in business as an auctioneer—he said between eight and nine years "—I asked him what his financial position was—he said the debts of the establishment did not exceed £20—he said he would hold the security for me and repay it to me within one month of my leaving his service—

he farther said, "You must not think we axe short of £100 "—that was about all that took place at that time except that he said he had valuable options on which he would make a profit of £2,000 to £3,000—I did not know much about options—I agreed to pay him the £1CO—I offered him a cheque and he said he wanted it in cash—I had already made the cheque out and I asked him to indorse it—he did so and I took it to the bank and cashed it—I handed him the money in notes and gold [MR. OLIVER state that the defence acknowledged they had had the money]—I entered on my duties—I had practically nothing to do—I sat in the office reading the paper—I handled no money in a business way in the office—I went ones or twice to the bank with £8 or £9—many people came into the offiot, but I saw no business being done—I received my £2 a week—the prisoner said, "We shall be very busy alter Easter; it is rather slack just now," and that he was going to register this company and that company and the other company after Easter, and that he wanted toother clerk in the office—he said he was doing a lot of oompany work—he said he had a company called the Cavity Ventilating Building-Block Co., and he wanted £200 to register this; that he was temporarily short, as he had paid £500 in respect of a contract for an estate called Eaststoke and had paid £175 for a contract for an estate called Menjin, Hayling Island, that he had paid £700 for a house at Harletden, but that he would be receiving £1,000 on June 1st out of his Hayling contracts; that he would make from £'2, 000 to £3,000 profit in all and would have the balance on September 1st—I thought what he told me was correct and I trusted him with £200—he asked for £260, but I had not got it—he wanted it in cash, but I drew a cheque—this is it, indorsed "Howarth Bros. "—I parted first with the £100 on his representations and with the £200 on his representation that he would get £1.000 on June 1st—I believed him to be a man of means and a man of high standing—I did not know that on the one occasion he had 14s. 6d. in the bank and on the other 19s. 9d.—I went on in the office—I found he was doing practically no business, that he was drawing cheques with nothing in the bank to meet them that the office rent had not been paid, so I said to him that he was not acting straight, that I believed his contracts he had were encumbered with debt and he had secured everybody else and left me in the lurch—he said, "You have been misinformed. I have £1.785 to come: your information is another wrong "—this was on August 28th—I do not at that time he had a contract in his possession at all—I lent him the £200 for a month on May 1st—I asked him for it back at the end of the month—he said, "This company has not gone to allotment yet;, the purchase is going to be completed on Monday "—when the Monday came it was to be on Friday and so on—this went on for months—when I did not get my money he offered me rooms in his house, which I accepted—out of my salary he stopped the rent—I had food with him for a fortnight and paid him separately for that—I went on hoping against hope and believing him when he said it would be settled this day and that day—it never has been settled—I left him on September 11th—I consulted a solicitor and laid an information against him.

Cross-examined. He did not tell me he was hard up, simply that he was temporarily short of money—he afterwards told me he was engaged in company work—he showed me prospectuses—I have seen this prospectus before (Produced)—I believe the names on it were direction, but the company has gone altogether—they are good people—that is what "had" me—I have heard of the Home Counties Building and Estates Company, Ltd.—I saw that prospectus—I do not know whether the directors of that were men of substance or not—he suggested I should advance the £200 for the purpose of registering one of the companies—there was no arrangement that I was to have anything if the company went through—he may have said after he had had the money that should have a bonus of £50, but there was no arrangement as to that—there was nothing said about interest—the money was handed to him as an act of friendship—if I had lent my money on business terms, I should have had an agreement drawn up by a solicitor—I do not remember his telling me that he expected to make £5,000 out of the Home Company—he was very enthusiastic about the companies—I thought it would turn out a good thing for him; I do not know about myself—that was not my idea in parting with the £200—I did not know that I was going to stay with him very long—I am not a money-lender—he may have said something about if the company turned out well he would recommend me as secretary—he said so many things that I cannot remember—in July I lent him a further £5, but he repaid that.

Re-examined. I know nothing about company promoting—I have a hazy idea about options—I have been in the Army—I do not understand these commercial transactions.

ALFRED JOHN CHAPMAN . I am a clerk at the Union of London & Smith's Bank, Chancery Lane—the prisoner had an account there—I produce a certified copy of that account taken from the boob—the account was opened on March 17th, 1905, with £50—on the 20th £30 was drawn out—on the 21st a cheque for £100 was paid in—up to April 10th, £175 had been paid in and £174 5s. 6d. drawn out, leaving a balance of 14s. 6d.—on April 10th £90 was paid in in cash—that was drawn out in the course of fourteen days—on the morning of May 1st the credit was £l 0s. 10d. on the evening of that day it had been increased by £170—that was drawn out in the course of about three weeks—the account stood the name of "Howarth Bros, & Co.," but there was only one in the firm—the account is now closed, the balance having been dawn out by the Official Receiver—eighteen cheques have been returned be tween April 10th and the time the account was closed; they would I amount to about £250.

Cross-examined. There was a sequestration order made and the cheques have been returned since then—they were returned marked "balance attached "; that was up to August—after that date some were marked "Not sufficient and Balance attached," and one was marked "Refer to Drawer "—I did not know that the firm had another banking account at Portsmouth.

Re-examined. There was a balance of £2, which remained at £2 until the order was removed; in the meantime many cheques had gone back marked as I say.

WILLIAM GEORGE BUTLESTONE . I am a messenger at the Bankruptcy Court and produce the file of the bankruptcy proceedings of Frank Harrison Howarth, trading as Howarth Bros, & Co.—the petition. was filed on August 30th, 1905, at the instance of Gale & Polden, Ltd., Amen tamer, Paternoster Row, printers, for debts of £172 ls. 4d.—a receiving order was made on November 10th—he was adjudicated bankrupt on December 15th—there is no statement filed yet—there was not time to do so, as the prisoner was arrested.

HENRY PHILLIPS (Detective Inspector, City). On December 4th last the prisoner was arrested on a warrant and brought to the Old Jewry police office—I read the warrant to him—it charged him with obtaining £300 in all by false pretences—in reply he said, "It is absurd. I made a statement st. the Bankruptcy Court this morning that my estate was in excess of the liabilities, and that I hoped to pay everyone in full "—I found upon him this statement of accounts, and a duplicate copy which was handed back 10 his solicitors at the Mansion House by the direction of the official receiver—this statement is prepared, but not sworn to [MR. OLIVER objected to it as not being evidence, it not being sworn to, but the COURT said that it was admissible for what it was worth. MR. PARTRIDGE said he used it us to the statement that the prisoner had not £20 worth of debts at the time of the prosecutor's engagement]—I find in it these amounts stated as owing January 2nd, 1903, £6 18s.; January, 1905, £1; March, £50; January, 1904, £911s. 3d.; June, 1905, £12s. 6d.; then £100, £613s. 6d., £614s. 8d.; £18 6s., £1 15s., £3 18s., £2 6s. 6d., £20 17s. 6d., £1, £12, £12 12s., £20 and others—I do not find that there is any sum like £1,000 due to the prisoner from the Hayling Island property.

Cross-examined. I know now that he also carried on business at Portsmouth; I have had a report from the police there—I did not find that he had a branch at Bristol—I had no information to act upon—I did not find oat that his brother-in-law was managing his Portsmouth business.

Re-examined. The report is not favourable to the prisoner—the police oay that there was a business, and then they go on to say something else.

The prisoner, in his defence on oath, stated that he engaged the prosecutor as clerk but what he had stated as to the conversation was not correct; that he told him he was engaging him to provide a secretary for one of the companies and that the two sums in question were lent to him (the prisoner) voluntarily.

GUILTY . One conviction for embezzlement at the West London Police Court on September 6th, 1902, was proved against him. Twenty-one months' hard labour.

OLD COURT.—Tuesday and Wednesday, January 16th and 17th, 1906.

Before Mr. Recorder.

8th January 1906
Reference Numbert19060108-181
VerdictGuilty > with recommendation

Related Material

181. WILLIAM LANHAM, Stealing 1s., 3s., and 1s., the monies of weeks & Cooper, Ltd., his masters.


CHARLES FREDERICK SUTER WILLIAMS . I am secretary to Messrs Weeks & Cooper, Ltd, manufacturers, at 22 and 23, Charterhouse Square—the prisoner was in their service as a foreman packer—it was my duty to keep the petty cash—I supplied the cash when articles were required to be purchased by one of the directors or myself for the company for odd jobs such as screws, cases, mantles, fixtures, etc., the prisoner also superintended our gas engineers—on October 30th I gave him some money for the purchase of some screws—the practice was for him to give mean I.O.U. at the time, bring back the change, and exchange it for the I.O.U.—Exhibit 2 shows goods supplied to the amount of 2s. 11 1/2 d.—that invoice is in the prisoner's writing and in the same state as when I received it from him, and it bears his initials—Exhibit 6 is an invoice for burs, nuts, and screws that were wanted on November 23rd, when I gave him a sum of money for which he gave me his I.O.U.—it purports to show a payment by him of 2s. 4 1/2 d.—it is in exactly the same state as when I received it, bat it does not bear his initials—in the majority of cases he initialled the invoices, but there was no occasion for him to initial them at all; the firm's receipt was sufficient—I remember speaking to him about a month previous to October about a cabinet which we required to keep photographs In for our new models of goods, and I gave him two pieces of card of the exact size for what we wanted the drawers to contain—he said it would cost rather a high price—I asked him how much—he said £15s.," and I told him to get it made—he told me when it would be ready, and I gave £1 5t. on November 4th—he went for the cabinet on a Saturday, sad came back and told me it was not finished, and he went for it on tie Monday and brought back Exhibit 11—the cabinet was very satisfactory—I know the defendant's writing—this receipt for 25s. is his writing in pencil—I did not notice it at the time—it purports to be signed, "M. Eglash," as the cabinet maker—I did not know Mr. Eglash—Exhibits 5, 7, 8, and 9 are invoices which I have received from the defendant, and Exhibit 3 is a counterfoil—they are in exactly the same condition" which I received them, and bear his initials—Exhibit 4 is another invoice which I received from one of our lady clerks exactly in this state.

Cross-examined. I said before the Magistrate, "It is my practice hand the prisoner money to purchase goods as they are required, and I probably handed the prisoner money on six or more occasions "—that is quite true—he would come and tell me he had instructions the directors, and he had sums of £1,10s., 5s., or 2s., handed to him I distinctly remember his asking for 30s., but I cannot remember the date—the system was not to give him money to buy things that were necessary—he had no authority to buy anything unless authorised by one of the directors or by myself—I was not the only person to pay him money; my clerk would sometimes have the cash box—I swear that he asked me for definite sums—he would buy the goods—those goods would not be put down to him on account—I left it to him where to get the cabinet—it was white wood polished—it was well worth 25s., but if the price was 23s. we should not want to pay 25s. for it—I do not know

anything about his getting a commission—I have been in my present situation nine years—people who secure goods do get a commission in our trade—I have heard of a secret commission—if there was any secret commission it had no authority of mine—if he had told me that he was making 3s. out of the cabinet I should certainly have objected—when he came he asked for 28s. a week wages—he did not have to pay for things out of his own pocket—he never told me that he had done so—I did not say before the Magistrate, "He had actually bought goods for the firm for other amounts/I not out of his own money—he would sometimes go out with money for several things that he would not have vouchers for, petty amounts, and his business was to make out a voucher on a slip of paper, and it would be passed as a voucher, where people would not bother to give a bill; he did not want my orders for those—he would have to give an I.O.U.—he never had any money without giving a voucher for it; supposing it was 6d. he would give a piece of paper, and we should take his word for it—he did not tell me that he ita bought goods without vouchers, and had placed the amounts on to other vouchers—I did not say so before the Magistrate—he told Mr. Weeks—I said before the Magistrate, "He told me the course of proceeding he had adopted "—whenever he bought goods without my orders he would come for the money for a reasonable thing, and we should naturally pay him, and he would produce the voucher on bringing what ke bought—Exhibit K is a bundle of vouchers—they are receipts for monies which I have paid him without my orders first—they are small Amounts—I do not remember the transaction of the forks for the incandescent mantles—I have no knowledge of a blacksmith making a bar for a sliding door when the prisoner was arrested; this is the first I have heard of it—I do not know of the prisoner paving the blacksmith 1s. for it; he had no authority from me to do it—if he had told me afterwards, and given me a voucher, I should have given him the 1s.—he did not tell me he had spent his own monies for things in the trade.

Re-examined. When he could not make out a proper voucher for small things the practice was to make out a voucher, but we would do that only when we could not get a proper invoice.

BENJAMIN HERBERT HODGSON . I am an assistant to Messrs. Grover & Co., ironmongers, of 86, Goswell Road—the prosecutors deal with our firm—I know the prisoner as a customer, buying goods for Weeks & "Cooper—I sold him the goods referred to in the invoice Exhibit 2—the counterfoil is marked 23. 11 1/2 d.—that is what he paid me—Exhibit 2 is "marked 3s. 11 1/2 d.—the addition is made in the prisoner's writing—it was not at my request.

JOHN HENRY JACKSON . I am employed by Grover & Co.—I sold the prisoner the goods referred to in Exhibit 6, value 6d)., the amount on the counterfoil—Exhibit 5 shows 1s. 6d.—I remember the transaction refered to in invoice Exhibit 6 which I gave to the prisoner and which shows goods to the amount of 2s. 4 1/2 d.—the counterfoil shows that I sold goods to him amounting to 1s. 4 1/2 d.

MORRIS EGLASH . I am a cabinet maker at 2, New Inn Street, Curtain Road—I remember the prisoner coming to my shop, but not the date; it was about November—he asked what I could make a cabinet for, which he explained—I told him 25s. finished or a sovereign in the white—he said he could only give me 22s. for it—I eventually agreed to make it for 22s.—I made it myself—he came and took it away—he paid me 22s. and I gave him this receipt on one of our bill heads [The bill also contained a receipt on the back for 25s., dated November 6th]—the writing on the back is not mine—I did not authorise anybody to write it.

Cross-examined.—He told me 25s. was all he would get for it—he knocked me down to 22s.—I did not know who he was paid by—I understood he was authorised to get 25s. for it—the cabinet was well worth 25s.—I would have got more if I could—I never dated my receipt.

Re-examined. I did not know anyone else but the prisoner in connection with the cabinet.

Wednesday, January 17th.

REGINALD BUCHAN . I am an under-foreman employed by Ingram, Perkins & Co., timber merchants—I know the prisoner as Weeks and Cooper's porter—I sold the laths referred to in Exhibit 7 to him on October 25th—my counterfoil shows 1s. 5d. and not 2s. 5d. as in the invoice ls. has been added to the bill I gave out—I did not alter it—looking at Exhibit 8, I sold on October 27th what we call a piece of plain quartering—the amount on my counterfoil is 10d., and that is what I sold it for—on the bill is 2s. 10d.—that is an addition—there is only one line in if book—I did not alter the bill or authorise anyone to alter it—I gave the invoice to the person I sold the goods to.

LILLY SANDILANDS . I am cashier to the Solar Incandescent Co., of Charterhouse Buildings—looking at the invoice dated November 10th, 1905, I sold the shade holders and shapes, half a dozen of each, for 4a. 7 1/2 d.—9s. 3d. is on the bill—the quantity has been altered to one dozen of each—I gave the invoice to the customer—I did not alter it, or give anyone authority to do so.

Cross-examined. You can easily carry the shades, as they are packed, and there was no necessity to leave half the quantity—they would not make a very big parcel.

NELLIE SOLOMON . I am chief clerk employed by the prosecutors—the prisoner came into their employment in the beginning of October 1906—I received from him voucher Exhibit 4, dated November 22nd, in the state it is now—I remarked that it seemed to be in a bit of a muddle—there are several alterations, and it ultimately comes out at 7s. 8d.—I told him to take it back and make it out more plainly—he brought it back with 7s. 8d. in a circle in the middle.

Cross-examined. The voucher is dated "22-11-05 "—I believe he had 10s. on account—I always gave him the money first—I never gave him money without his saying what he wanted it for—on one occasion I remember having been given an I.O.U., because he said he wanted money for articles—I asked him how much—he said, "2s."—I gave

him 2s. and wanted to get it settled up, but could not till the following day when he brought me vouchers for more than the full amount, and I had to pay the balance—I have to keep my cash square, which is settled up at the end of the month—he did not say he could not make his money come right on account of small purchases, nor that he had bought things which were not recorded—he never pointed out alterations in the receipts—I got plenty of altered receipts from him—he was the only workman responsible for the purchase of things—I did not tell him where to get the things; I would not know—he advanced money on one occasion; I know of no other.

LEWIS COHEN . I was employed by Falk Stadelmann & Co., Ltd., on November 6th last year—I made out the invoice Exhibit 4 at 7s. 8d.—the bill shows 7s. 8d.—I did not put 7s. 8d. on the bill, nor authorise anyone to do so—the bill is 10s. 10d., but allowing for the discount it is 6s. 8d.

GEORGE WRIGHT (Sergeant G.) I arrested the prisoner on December 6th—I told him the charge—he said, "I admit having the money "—Mr. Weeks said he would charge him with stealing various sums of money and said he had discovered that the prisoner had altered the receipts to cover it—I was handed receipts and counterfoils, and I told the prisoner I should take him into custody for stealing money—he said, "I spent it in buying other articles for the firm, and I have added the amounts to the receipts "—I took him to the police station—he was afterwards charged with stealing two separate shillings—he made no reply.

[DR. HIBBERT submitted there was no case to go to the Jury, as the charge was that of larceny by a servant and it must be proved that the money was given to the prisoner for a specific person to whom the master owed money. If the prisoner was guilty of anything it was of false accounts, or obtaining money by false pretences and not of larceny, as the money did not remain the constructive property of the master. He cited R. v. Cooke, L.R., 1. C.C.R., page 295, and referred to in Archbold, 1900 edition, page 430. Reg. v. Low, 10 Cox, page 168, and R. v. Dartnell, 20 Law Times, N.S., page 1020.

MR. GRAHAM CAMPBELL argued that the cases were against DR. HIBBERT'S contention and also cited R. v. Beaman, C. and M., page 595. The RECORDER held that the case was one for the Jury, but said that he would state a case for the Court of Crown Cases Reserved if necessary.

The prisoner, in his defence on oath, said that he had spent the money on other goods for the prosecutors and merely altered the receipts, but not the quantities, to make the matter right; that they never gave him a chance to explain; that the matter of the cabinet was a private contract which he had secured in his own time, having consulted firms, who wanted £3 10s. downward; that it was for the firm's benefit, and was so understood, and that there was no concealments.

GUILTY. He received an excellent character. The prosecutors stated bat he was a capable servant and recommended him to mercy, but added bat they employed such a large number of hands that it was necessary to make an example in a case of this kind. The Jury added, "While being obliged to find him guilty, we are pleased to recommend him strongly to mercy." Three months' imprisonment in the Second Division.

8th January 1906
Reference Numbert19060108-182
VerdictNot Guilty > unknown

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182. FRANK SAVAGE (34) , Feloniously receiving five hides, the goods of Muirhead Walsall, Ltd., well knowing them to be stolen.

MR. CORYTON DAY Prosecuted; MR. BURNIE Defended.

JAMBS LAING (Detective-Sergeant, G.) On December 7th, in consequence of a communication, I went to the prisoner's house, 37, Galway Street, St. Luke's, about 7 p.m.—on my way I met Detective Ratcliff and Constable Mould, who accompanied me to the house—I went inside and ascertained that the prisoner was not there—the street door was open, and I remained in the passage until about midnight, when the prisoner came home—I said, "Savage, you know who we are "—he said, "Yes "—I said, "I have good reason to believe that you have got some stolen property in your rooms; I am going to search them"—he said, "I do not think so; you have made a mistake"—his children were at home with an old lady in the kitchen, and his children kept running in and out—we went to his bedroom with him and I searched it, and in a cupboard behind the bed, which I had to remove, I found these dressed hides and another one doubled up in this way (Produced)—they are quite new, and at the same time Ratcliff found a box behind the door and under the bed he fond three more hides doubled up similar to this—the box was unlocked, but if I had unlocked it I should not have seen anything, because there were clothes on top—I said to the prisoner, "How do you happen to have these things in your rooms? These are the very things we are looking for "—he said, "I know nothing at all about them; someone must have put them there. I was at the Euston Theatre; I was told the police were at my house, and I have been to the police station and ascertained what they are doing hanging about my place "—I said he would be taken to the City Road police station and he replied, "All right "—he was then charged and taken to Moor Lane station next morning—I know him quite well an his house; I have had occasion to be there before, and had to knock as the door was not open—the Euston theatre, which is a music hall, is about a mile and a half from his house—you can get there by tram to King's Cross.

Cross-examined. No police had been before on that night that I know of—Ratcliff and Mould were keeping observation in the street—Mould is" here to-day—other people live in the house besides the prisoner, an old lady, her daughter and son—the daughter is about twenty, and the son about twenty-one or twenty-two; he is a carman, and they have the top floor—besides them there is an old lady, who looks after the prisoner's children—she told me the prisoner had gone out—I think the music hall begins at 7 and continues to 9, and from 9 to 12—tne prisoner's bedroom door was locked, but the key was in the door—his boy came up and went to bed about 10.

CORNELIUS HIGLEY . I am a marble polisher, of 122, Laburnam Street, Kingsland Road—about 5.15 p.m. on December 7th I was at the corner of Bridgwater Square, waiting for my friend, when I see two fellows running round the corner with a barrow and a roll of hide—I stopped there for a while and then my mate came and asked if I see anyone—I said, "Yes, "

and he said, "We had better run after them "—he ran one way and I other—I went into Bunhill Row and cam(c) across the men—I did not see my friend again—I followed the men to the prisoner's house at 37, Galway Street—the men took the hides oil the barrow and went straight in and came out almost immediately and went away with the barrow—I saw my friend and a traveller, and went to the police.

Cross-examined. I saw no one at the house except the two men—the front door was open when they got there—it was about hall an hour afterwards that I went to the polios station.

Re-examined. I was a decent way from the doorway—I cannot say if there was no (me else there or not, but I did not see anyone.

FREDERICK EVANS . I live at 23, Hereford Road, Kingsland Road, and am a porter employed by Muirhead, Walsall, Ltd., hide manufacturers—on December 7th I was loading up a barrow of hides outside their premises and had put one roll of hide on the barrow and went in to fetch another, and on coming out found the barrow and hides gone—I met my friend Higley, who told me he had seen two men with a barrow and some hides and we went in pursuit of them—I did not see them go to the prisoner's house, but I met Higley afterwards, and a policeman took us to the station—it is not a very easy thing to undo the hides; H would take fifteen or thirty minutes to do so, but I have never seen one unrolled.

CHARLES HENRY LITTLE . I live at 10, Harriet Square, Kingsland Road, and am a warehouseman employed by Muirhead, Walsall, Ltd.—I identify these hides as their property—their value is £9 10s.—it would take about five or six minutes to undo this roll.

WILLIAM MOULD (Detective G.) I was with Laing on December 7th and went with him to the prisoner's house—I saw the prisoner return at M o'clock and went inside—alter searching the prisoner's room we went into the basement and in a small cellar underneath the stairs, amongst a heap of paper, we found this wrapper and a small label with the address of Shannon & Co., 21, Fore Street, Devonport.

Cross-examined. It is a coal cellar and had coals in it—the door was not looked—the house door was open when I went there.

Cross-examined. The coal cellar is down a flight of stain, and anybody passing in the street could not get at it—the piece of paper would have to be put into the cellar by the occupant of the house.

GEORGE MITCHELL . I live at 34, Astley Street, Old Kent Road, and am an errand boy employed by Messrs. T. H. Downing & Co.—in November I remember taking out some parcels, one with a label like tibia on it, "To be delivered immediately. Shannon & Co., 24, Fore Street, Devonport "—I was delivering a parcel in Godliman Street, and when I came out two of my parcels had disappeared—they were on a trolley—nothing was heard of them.

WILLIAM JOHN JUDGE . I live at 7, Harrow Road, Upton Park, and am a warehouseman to T. H. Downing & Co.—we received from Leicester a parcel containing some gloves to be delivered to Messrs. Shannon and Co., value £1 2s. 2d.—they were put in a brown paper parcel with an addressed label on it, and I should think it would be marked No. 1—

this (Produced) is one of our printed forms with our address on it, as well as "To be delivered immediately "—this is the wrapper off that parcel, which contained three others.

W. MOUNT (Re-examined). I found this label with the piece of brown paper in the coal cellar.

[MR. BURNIE submitted that there was no case to go to the Jury, as nothing had been proved except that the property was found on premises occupied by him and others and in a room which was his bedroom, and that there must be evidence that he had received the goods himself or bean agent. He quoted Taylor on Evidence, Vol. 1, page 120, and ex parte Ransley on the same page. The RECORDER ruled that the case must go to the Jury.]

The prisoner, in his defence on oath, said that he lived on these premises with five children and an old woman over sixty, who looked after them for him; that he knew nothing about the gloves which had been stolen or how the label or wrapper got into the coal cellar; that on December 7th he went home at 5.15 p.m. and did not see the parcel of hides brought to the door and knew nothing about them; that he then went to see his brother in Barbican and then to the Euston music hall, which he reached about 8.30; that when he got back from the music hall he was told the police were at hit km and went to the police station; that he then went home and saw the police officers and told them they were making a mistake: that he did not know how the hides got into his room and would not have had them there because of his children.

W. J. JUDGE (Retailed by COURT). The parcel contained twentyeight pairs of gloves in three packets—they were going to be sent to Messrs. Shannon at Devonport on November 24th.


THIRD COURT Tuesday, January 16th, 1906.

Before Lumley Smith, Esq., K.C.

8th January 1906
Reference Numbert19060108-183
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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183. GEORGE YOUNGE JOREY (36) PLEADED GUILTY to feloniously indorsing an order for the payment of £2 2s. 6d. by procuration for, in the name and on account of, Allen & Co., Ltd., without lawful authority or excuse, with intent to defraud William George Hornby; and to uttering the same with intent to defraud, having been convicted of conspiracy to defraud at the Chelmsford Sessions on November 11th, 1902. Nine months' hard labour. (See page 508.)

8th January 1906
Reference Numbert19060108-184
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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184. CHARLES PETHIG (28) and JOHN SMITH (28) , Feloniouily breaking and entering the shop of Thompson Bros., Ltd., and stealing therein five watches, their property.

MR. BUSZARD Prosecuted; MR. H. JENKINS Defended.

WILLIAM JOHNSON (975 City). On December 18th last, about 3.20 a.m., I was in Bishopgate Street Without and saw the prisoners in company with another man, who got close to the window of Thompson's shop, struck it with his right hand, and, putting his hand through the hole took out something and put it in his pocket—they walked away—I

followed them along Bishopsgate Street—seeing the third man run through Middlesex Street followed by the two prisoners, who were walking, I ran through Brashfield Street and met the prisoners, whom I arrested with Sergeant Reid—the third man got away—I said to Pethig, "I am going to take you into custody for being concerned with another man in breaking a window at 84, Bishopsgate Street Without "—he said, "We just passed you in Bishopsgate Street and your mate; you said nothing to os then. Did you see me doing anything?"—I said, "No, you did not do anything, but you were with the man who did it "—I am quite sure the prisoners are the right men.

Cross-examined. Presentation watches given away with suits of clothes were what were stolen—I was about seventy yards away when I first taw the men—they passed me as I was going down Norton Folgate—I toned back and followed them—they did not pass me again—I was about forty yards away when the window was broken.

Re-examined. I kept the prisoners insight until I met Reid—the man with the watches started to run when he had got seventy yards away, and we never saw him any more.

WILLIAM REID (579 City). On December 18th, about 3.20 a.m. I was on duty in Bishopsgate Street—I saw the last witness—in consequence of what he told me I ran up Brushfield Street into Sandy's Bow and met the prisoner there—they had passed me on my way to Bishopsgate Street—they were with a third man not in custody—I am sure the prisoners are two of them.

Cross-examined. It was about sixty yards from the shop when the prisoners met me—I then kept on in the direction I was going till I mot the last witness—we went after them—I did not see the prisoners running—they were all in conversation when I passed them.

FREDERICK ARTHUR SMITH . I was a clerk to Messrs. Thompson Bros., Ltd., on December 18th last—I shut up the place on the 16th—everything then was in order—the window was not broken, and inside there were clothing, a set of carvers and a case of watches—when I got there on the 18th the window was broken and five watches were missing—the hole in the window was rather larger than a man's hand—there were no shutters to tile window.

By the COURT. The watches were worth about 18s.; there were two silver and three metal watches.

The prisoners' statement before the Magistrate: "We are innocent of it. "

Pethig, in his defence on oath, said that he was on Ms way to the Brewer's Qy when he was arrested; that he was not with a third man, only with Smith; and that he had nothing to do with the robbery.

Smith, in his defence on oath, repeated the above.

GUILTY . The police stated that nothing was known against them Three months' hard labour each.

8th January 1906
Reference Numbert19060108-185
VerdictNot Guilty > unknown

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185. NATHAN KLEIN (46) , Feloniously marrying Minnie Silverberg during the life time of Esther, his wife.

MR. LYONS Prosecuted; MR. THORNE Defended.

FRANK GIRDLER (Detective-Sergeant H.) On January 6th last I went to the prisoner's house at 10.30 a.m. with Sergeant Gibbs and Esther Klein and found him in bed—I asked him his name—he told me—I told him the charge—he said, "I have not married the second time; I told only a lodger here "—he was taken to the station—when the charge was read to him he said, "Yes "—on the way to the Police Court he said "I have not seen her for eight years. When she left me I was living in Leeds "—I produce two certificates, one of his marriage with Esther Berringer, of August 29th, 1892, and the other with Minnie Silverberg—his name there is given as "Nathan Dixstone, Bachelor," 4th December, 1901, at the East London Synagogue, Stepney Green.

SOLOMON SOLONICH . I live at 1, Eagle Place, Mile End—I was present at the registry office, Leeds, on August 29th, 1892, at the marriage between the prisoner and Esther Berringer [Esthes Klein came into Court]—that is the woman he married in 1892.

MINNIE SILVERBERG . The prisoner on December 4th, 1901, married me as a bachelor.

The prisoner, in his defence on oath, said that he married Esther Berringer on August 29th, 1892; that three or four months after, she left him and he had never seen her since; that the reason he was married the second time as "Dixstone" was that that was the name given in by Minnie Silverberg it being his grandfather's name. In cross-examination he stated that he never inquired whether his first wife was alive or not, but that he lived with Solonich for two years and he knew that he (the prisoner) never received a letter from his wife, and that he and Solonich both agreed that she must be dead.

Evidence in Reply.

S. SOLONICH (Recalled). When the prisoner was first married he lived with his wife—he afterwards came to me at Old Montague Street—he had been there two weeks when his wife came forward with two children—he then went to Vienna with his wife—about five or six years ago he came back and found me out, as I am his relative—he stayed at my place for about six months—his wife did not come back with him—I do not know exactly when he went away; the Jewish Board of Guardians sent him away about six or seven years after the marriage—when married Esther Berringer in Leeds she had two children—I say he lived with her five years after; that would be in 1897.

Cross-examined by MR. THORNE. I did not say anything of this at the Police Court [The COURT pointed out that this defence was not set up at the Police Court until after this witness had given evidence, so that no question was put to him]—I lived at Leeds eight months after the marriage—when I left, the prisoner was living with his first wife—when I left Leeds he came to London, and after he had been at my place four weeks he wrote to his wife and she joined him—he was not then living with me [The witness said he did not understand many of the words put to him]—I think it is called Fish Alley where he went to live; it is in the "lane "

somewhere—that was not far from my place—many times I have been in his house and seen his wife there—they were living there about six or eight months and then went to Vienna [MR. LYONS stated that that was two years and six months after the marriage]—he camp back from Vienna six or seven years after, not accompanied by his wife—I never saw him again with his wife after that—I have not said that I would be revenged on the prisoner for changing his religion—I have not said that I would see him punished—I cannot say exactly how long after his marriage he went to Vienna—after his marriage at Leeds I was there a year—two years after he came to London.

The prisoner (recalled) stated that it was not true that the last witness saw him with his wife two years after his marriage; that he had never been in Vienna; that after his marriage he went to Germany for two weeks to buy goods and came back and sold them; that he was not sent by the Jewish Board of Guardians; that Solonich's wife went to the Guardians for help in his (the prisoner's) name when he was in hospital.

M. SILVSRBERG (Recalled by MR. THORNE). Solonich said to the prisoner, "I am surprised you sit down and say your prayers on your knees "—in the Jewish religion we do not kneel down and then say our prayers—my husband said that he wanted to be baptised, so he used to sit down en his knees and say his prayers, and Solonich was very much against it—he said, "I shall be very much against him; he shall not do a thing like that in front of his bed and show his little children that he kneels down and prays to the Lord Jesus Christ "—that is all he said.


THIRD COURT.—Wednesday, January, 17th, 1906.

Before J. A. Rentoul, Esq., K.C.

8th January 1906
Reference Numbert19060108-186
VerdictNot Guilty > no evidence

Related Material

186. HENRY PAINTER (31) , Stealing a gelding and set of harness belonging to Charles Alfred Lawrence.

MR. JONES, for the Prosecution, offered no evidence.

NOT GUILTY . (See next case.)

8th January 1906
Reference Numbert19060108-187
VerdictGuilty > unknown; Not Guilty > no evidence; Guilty > unknown
SentenceImprisonment > hard labour; Imprisonment > hard labour; Imprisonment > hard labour

Related Material

187. RICHARD DAVID BULLIMORE (40), ROBERT ROBERTS (60), WALTER SMITH (31), THOMAS WALSH , and HENRY PAINTER (31) , Stealing a gelding, a cart, and set of harness belonging to William Barnard.


No evidence was offered against PAINTER.


MR. C. E. JONES and MR. GRANTHAM Prosecuted; MR. BURNIE and MR. WING Defended Bullimore.

WILLIAM BARNARD . I live at Waltham Abbey—on October 14th I drove up to the Golden Fleece, Edmonton—I went inside, leaving a horse and trap outside in charge of a man named King—I did not know him at the time—he was one of the loafers outside—I was inside about five or six minutes—I came out and found the horse and trap gone at well as King—I mentioned the matter to the police—King was found, prosecuted, found guilty, and sentenced to fifteen months—I next saw,

on December 18th, the wheels, springs, and steps which formed part of my stolen cart—I subsequently saw the body of the cart, a nosebag and some of the harness and the horse—the cart had been cleverly altered—there were new tops on the side—the horse had been docked.

Smith: "The man does not know me. "

Walsh: "I know nothing about that case at all.

----HALL (Detective N.) On December 14th last I went to Roberts premises and took possession of a cart, a quantity of harness and other property—some of it was identified by the last witness—a man named Adams was also with me—he identified some property—the body of Adams' trap was on the wheels belonging to Barnard's trap—on December 18th I went with Dixon to Bullimore's premises, 46, Morpeth Road, South Hackney—we there found a number of things which Dixon will speak to—I found also a piece of uncooked beef, about 18 to 20 lbs., in the loft at Bullimore's—on December 28th Mr. Stapleton identified a set of harness and other things found at Roberts' stable.

Cross-examined by MR. BURNIE. I found this rent book at Bullimore's stable—it says, "T. Jones, Rent of stable, of R. Bullimore, at 4s. per week," and there are one or two weeks' rent paid, beginning November 20th—whose writing it is in I do not know.

Re-examined. Bullimore's stables are enclosed by high gates; one cannot see in—there is a yard which is covered over and an eleven-stall stable—the only entrance to the house is through the yard.

By MR. BURNIE. I think it is unusual to have high gates—it is shut in with a little wicket gate—I understand Bullimore has been there about twelve months.

CHARLES DIXON (Detective N.) On December 14th I went with Hall and Adams to Roberts' stable—I found various things there, amongst them a cart, some harness, rugs, a knee apron, a whip, a horse, and some cushions—Adams identified as his property a rug, a collar and the cart—we took Roberts away—on December 18th I went with Hall to Bullimore's premises—he has a wheelwright's business there—as we got there we saw Walsh and Smith leave the premises—I do not think they saw us—we went inside and found two governess carts, one newly painted and the other turned upside down ready to be done up—there were three horses in the stable and a quantity of harness—we waited about two hours and then Bullimore came in—I told him we were police officers and said, "Where did you get these horses, carts and harness from that are here?"—"Oh," he said, pointing to a governess cart which was nearest, "This is mine, the other two are jobs "; that was referring to the body of a cart identified by Barnard and the other governess cart—I said, "Who is the owner of them?"—"Oh," he says, "they are all right; you don't want to worry about them "—I was referring to the carts—I said, "What about the horses in the stable?"—"Oh," he says, "they belong to three fellows who rent the stable of me "—I said, "What are their names? Surely you know the names "—he said, "Well, the man who took the stable gave the name of Jones; he gave no address "—I questioned him further as to the names of the others—eventually he said, "Look here,

to tell you the truth, one of the others is Tiny Walsh, and the other one is Smith—the horses were in the stable—I said, "When did you last see those men to have the stable?"—he said, "They were there a short time ago clipping a horse; they will be back again presently "—Smith and Walsh came in after a time—I saw one hone had been clipped, one partly clipped and one not clipped—Walsh and Smith did not see we were there—after a few minutes they went oil to a public-house near—we followed and they were called out—I told Walsh that they would be charged with stealing the three horses in the stable—he said nothing then, but afterwards he said, "You would not late f—well had me if I had known you had been there "—they were taken to Victoria Park police station and detained—I returned to Bullimore's and took possession of the traps, harness and horses—all the horses had shoes on—the one identified by Barnard had been newly shod and docked within a month—next day he identified the body of the cart and some springs—I saw Adams there later, and he claimed some axles and parts, also the governess cart which Bullimore said was his own, and which bad been recently re-varnished, and Mr. Willis' man, Smart, identified the one which was turned over—I think five people identified their property there—I saw a piece of loin of beef brought out from the loft, about 15 to 90 lbs. of English meat.

Cross-examined by MR. BURNIE. I can tell English meat, especially when I eat it—our conversation with Bullimore lasted, I should think, about thirty to forty-five minutes—I heard at the Police Court that Detective Saunders called at Bullimore's the previous Friday in consequence of some complaint of Bullimore—I made some notes of the conversation and re-copied them in the book when I got to the police station—there is a great deal that has not been put down—Bullimore did not say when he said the cart was his, "That is, I mean I have not been paid for it. "

Cross-examined by Smith. When you were arrested I saw you coming out of Bullimore's house, not out of the stable—I did not arrest you—I do not know whether you came out of the public-house by yourself or were brought out—I believe that Saunders pulled you out—I do not know if Baltimore said at the police station that the horse and carts owned by Adams were brought to him by Charles Burdett.

Walsh: "Bullimore did say in the station that they belonged to Charlie Burdett. "

JOHN MARTIN (Detective-Inspector, N.) I was present at the Middlesex Sessions on November 25th last when William King was convicted of stealing the horse and cart belonging to Mr. Barnard—on December 19th between 2 and 4 p.m., I was at Victoria Park station and saw four horses, carts and harness—Barnard identified a horse as his and a bridle—Bullimore, Smith and Walsh were brought out into the yard—there was a lot of other stolen property there—I said to the prisoners, "These were found in your yard and in your stable "—Bullimore said, "Smith and Walsh know nothing about it; they brought those horses "—that was pointing to two owned by a Mr. Twiddey and a witness, Mr. Smith—Smith and Walsh said, "We know nothing about tie horse "—that was Barnard's—"we only

know about the two other horses "—Bullimore said, "That is right; I owned the yard and I let the stable out to these men "—that was referring to Walsh and Smith—the prisoners were taken to Tottenham police station, where they were charged—Bullimore said, "Smith and Walsh know nothing about Barnard's horse "—that is the one stolen outside the Golden Fleece—"they brought the two horses there," referring to the other two—Smith and Walsh said, "We know nothing about the other horse "—that was referring to Barnard's—"we brought the horses there—Bullimore also said that the other two knew nothing at all about the other property that was found in the yard; that was the carts.

Cross-examined by MR. BURNIE. Bullimore said nothing about having the carts to repair—I do not remember saying before the Magistrate, "I do not know Bullimore; he said some of the carts had been brought to repair "—I think if he had said that, I should have made a note of it—I think he did not—I will not swear I did not say it, nor will I swear he did not say it—Painter, who was also charged then, said, "A man brought the bridle "—that was Barnard's—" with the horse here "—that is to Painter's place—"last Saturday "—that was another horse, not Barnaid's.

Cross-examined by Smith. Bullimore did not tell me that the carts and traps were fetched there by Charles Burdett—I understood him to say it to somebody, but not to me—he said you knew nothing at all about the carts in the yard.

THOMAS DIVALL (Detective-Inspector J.) I went with other offieen to Bullimore's on December 18th, about 9 p.m.—from there I went to Wells Street, Hackney, and found him there—I said to him, "I am a police inspector and am making inquiries respecting three stolen horse and a number of stolen traps, etc., that have been found in your possession "—he said, "Oh, you are?"—I said, "I have two men detained at Victoria Park police station named Smith and Walsh "—he said "I never was a policeman; I do not know them, but if I am hit, I shall have to go through it. What I have done is to try and sell for them; they sent the things to be altered. I have been to Hoxton this morning to try and sell the little governess cart, the one I have altered and painted "—he was then taken to the station and detained—I returned with other officers to his address, where I saw the sirloin of beef—I returned to the station and showed it to him—I said, "This has been found in the loft of your house "—he said, "I do not know anything about it." [Smith said he unshed to ash Bullimore if he was taking that trap to sell for him.

Bullimore replied, "Certainly not. "]

Bullimore: "I told the inspector the trap belonged to Mr. Burdett and that it was brought there to be repaired. "

PERCY SAUNDERS (Detective-Inspector J.) I went to Bullimore's on December 15th in connection with some complaint, nothing to do with this case—I went again on the 16th about 11 o'clock—whilst there I saw Thomas Smith, who is a witness here—he was turning the handle of a clipping machine—the prisoner Smith was holding the head of a horse that was being clipped—Walsh was standing at the side, watching—a man named Steel was doing the clipping—I went again on the 18th and

saw the prisoner Smith walk upstairs into the house—he came down two or three minutes after and left the premises—I followed him—Walsh was in front of him—they were both making their way to a tavern—Smith was in the tap-room when I went in and said, "I am a police officer; I want you outside' he said, "Me outside; is it very important?"—I said, "Yes "—we went out and I saw Walsh in custody—I said to Smith, "You will have to come back to the stable "—he said, "All right "—we went back to the stable, where we saw Bullimore's son—Smith was asked how he could account for the horses being in the stable, and from what Bullimore's son told us, I said to Smith, "I shall take you down to Victoria Park police station "—he said, "All right "—we got outside and he said; "Let go my arm "—I said, "No, not me "—he said, "Let go, you b—, else I will kick your f——b——in, f——you "—he was not violent—he had no chance to be, as two other constables came up—on the way to the station he said, to Walsh, "This is all right; that f—boy has 'shopped' us properly. "

Cross-examined by MR. BURNIE. I did not go to Bullimore's in consequence of a complaint by him; it was by another party—I did not say before the Magistrate, "I went to Bullimore's house with reference to a complaint by him "—it was put to me that way, but I altered it—he was not then charged—I was there some considerable time on the 15th—on the 16th the stable gate was not open—on the 15th one of the gates was open—on the 16th the horse was being clipped in the yard outside the stable.

JOHN ADAMS . I am a general dealer, living at Tottenham—I rent some stables in Scales Road—on October 2nd I left a horse and harness in the stable late at night and locked the door with an ordinary padlock—the cart was in the yard—next morning I went there and found the lot gone, ai well as two rugs, a collar, a whip and a cushion—I next saw some of my property on December 14th at Roberts'—the cart had been altered, another pair of wheels and axle and a different shaft were on it—I have not found my horse—on December 18th I went to Bullimore's and found part of my cart on another one.

Cross-examined by MR. BURNIE. It was a back spring and an axle I found there—there are a good many carts like mine—I knew the spring by its being painted dark green, the same as the body of the cart—I daresay a pod many dealers' carts are painted dark green—that is my only reason for identifying it—the axle I identified by the clips and the caps—there was nothing special about them—they were ordinary axle fittings.

Re-examined. I am satisfied that they were mine.

By the JURY. My cart had a pair of side springs and a cross-spring.

JAMES THOMAS STAPLETON . I live at the Lodge, Parsloe Park, Barking—on November 12th last I had charge of a pony belonging to Mr. Bennett, in a stable; also I had there of my own two sets of harness and other things—next day I went to the stable and found the pony and things gone—I have never seen the pony since, but have been shown the missing harness by Inspector Dixon.

JOHN CRABB . I am a plasterer, living at Ilford—on November 30th I was at West Ham, driving a pony and governess cart—I had occasion to stop at a house and went in for two minutes, leaving the horse and cart outside—when I came out they had gone—I next saw the cart on December 19th at the police station—it had been much altered—when I saw it then it was green and black; before it had a brown body with blue wheels, lined—I scratched the paint and saw the wheels and body were the colour it had on when I had it.

GEORGE SMART . I live at Avondale Road, Palmer's Green, and am groom to Mr. Willis—on December 3rd last I left his stable with a poay, cart, and harness, locked up—I went next morning to the stable and found everything gone—on December 18th the police showed me part of the property, which I identified—I saw the cart at Bullimore's; it had been much altered—I have never found the pony.

Cross-examined. I saw the cart directly I got into Bullimore's yard—there were other carts there.

THOMAS LEADER . I am carman to Mr. Joseph Twiddey, butcher, of Barnsbury—on December 15th I drove from Smithfield with two sides and a top piece of beef in a butcher's cart—I pulled up for a drink at the Royal Oak, Barnsbury, between 6 and 7 and went inside for three minutes—I had my drink and came out, and found horse, cart, harness and beef gone—I next saw the horse, cart and harness at the police station on the 19th—I was shown a piece of beef—it looked as if it had just been cut.

Smith: "I plead guilty to taking that horse, cart and harness from Mr. Jones." [Counsel for the Prosecution said he was not being tried no that indictment, ]

HENRY MILLER . I live at East Ham and work for Mr. Goppard, contractor—I know that there was a pony belonging to Mr. Smith tuned out into a field at East Ham—I saw it safely there about 5.30 on December 15th—the gate of the field was padlocked—next morning I found the padlock taken off and the pony gone—I afterwards saw it at the Police Court—the pony had no shoes on when in the field, but it had at the Police Court—it had also been clipped all over since I saw it in the field.

EDWARD ARTHUR GEARY . I am a coach painter at Bentham Road Hackney—I have done work for Bullimore as a coach painter for three or four years—early in December last I was doing up a governess cart for him—it was a dark lead colour and I painted it green and black when finished, his man fetched it away—I had it about fourteen days—I afterwards saw it at the Police Court—on December 18th I had another cart brought to mo by Bullimore's man—shortly afterwards he came and told me to get it done by Wednesday and that he wanted a cheap job made of it—the police came to mo the same night and I handed the cart to them.

Cross-examined by MR. BURNIE. Bullimore told me they both belonged to Burdett, and a man called about them whom I understood to be Burdett—Bullimore is a wheelwright and only docs rough painting; he comes to me for the better class of painting—I have seen Burdett about four times in one week—he did not tell me he was Burdett; Bullimore told me so.

Re-examined. Whether it was true or not, I do not know.

By the COURT. Burdett was not either Smith or Walsh.

THOMAS SMITH . I live at Swiss Cottage Gardens, Hackney, and am a labourer—on December 16th last I was at Bullimore's yard helping to clip a horse—the prisoner Smith held the horse's head—I did not see Bullimore at first; he came in afterwards—Walsh took part in the clipping afterwards—when the latter came in he brought a hone with him, which had no shoes on—he said, "That will be the next one you want to clip'—he put it into the stable—whilst there Detective Saunders came in and talked to Mrs. Bullimore—this was on December 16th—on Monday, December 18th, I was in Morpeth Road and saw Walsh leading a horse, one without shoes—I did not help to clip that horse—on Monday afternoon I went past the premises and heard the dipping machine going—I remember on the Saturday while I was there about 1 1/2 lbs. of steak was brought out by Walsh—I thought I saw it brought out from Bullimore's house, but cannot be sure—I had half of it and smith had the other—Walsh had none of that.

Bullimore, in his defence on oath, said that he had bun a wheelwright for twenty years; that he did not himself use his stables, but let them; that he could neither read nor write; that Mrs. Bullimore let them for him to a man named Jones; that Smith and Walsh frequented Jones' stable and that a man named Burdett brought the carts found on his part of the premises to be repaired, altered and painted.

Evidence for Bullimore.

MATILDA ELEANOR BULLIMORE . I am Buldmore's wife and I assist him in business as much as I can—we let the stabling—it was let first about six months ago to a Mr. Arnold, Morpeth Road—he went out and I then let it to a man who said his name was Jones—this is the rent book I gave him—I never saw the man after he took it—Walsh paid the rent—the stable never had a lock on it—last Christmas I had a bit of meat given to me to hang up by Walsh for him—my son did so—I never cooked any meat about December 17th or 18th.

Cross-examined. I told the police officers that I had bought the meat myself at Smithfield—that was not true—I did not know what I said when I had all those men in my place, which I never had before—my son is now in a convalescent home—we do not keep books—if there is any work to do I make a bill out and give it to my husband.

Smith, in his defence on oath, stated that he could not dip a horse; that on December 6th he met Burdett and Jones; that Burdett asked him if he had seen "Tiny" Walsh; that he said, "No"; that Burdett asked him to take a pony for Jones; that Jones drove up with a butcher's cart and fo (the prisoner) took it to Jones' stable; that he worked with Walsh costermongering; that he had never seen Roberts before; and that the things found at Bullimore's were "fetched" there by Burdett.

Walsh, in his defence on oath, stated that he met Smith, who told him that Jones wanted him; that he (Walsh) knew Jones; that he met Jones at Hoxton, who gave him a pony and cart to take to Bullimore; that he was

to tell Bullimore to put a fresh coat of paint on the cart and to tell Smith (the witness) to clip the horse; that he (the prisoner) had a sovereign for doing so. In cross-examination he said he bought the steak.

GUILTY . Bullimore received a good character. Smith then PLEADED GUILTY to a conviction of felony at this Court on April 7th, 1902. Walth to a conviction of felony at the North London Sessions on February 17th, 1903. Roberts to a conviction at Hereford on October 16th, 1889, in the name of William Roberts. Three other convictions were proved again Smith and three against Walsh of horse stealing. BULLIMORE (who was recommended to mercy by the Jury, but who was stated by the police to be a reputed receiver of stolen property)— Twenty-one months' hard labour. SMITH and WALSH— Two years hard labour each; and ROBERTS (in consideration of his age and that he pleaded guilty to his charge)— Twelve months' hard labour.



NEW COURT.—Thursday, Friday, Saturday, Monday, Tuesday, Wednesday, Thursday and Friday, January 11th, 12th, 13th, 15th, 16th 17th 18th and 19th, 1906.

Before Mr. Common Serjeant.

8th January 1906
Reference Numbert19060108-188
VerdictGuilty > unknown
SentenceImprisonment > hard labour; Imprisonment > hard labour; Miscellaneous > fine; Miscellaneous > sureties

Related Material

188. JAMES FREDERICK WILLETTS (47), WILLIAM TENNANT (36), JOHN WESLEY PUDDEFOOT (50), WILLIAM WALLACE ROSS (33), GEORGE WOOTTON (42), and PHILIP FLEMING BOKENHAM (30) , Unlawfully conspiring together with other persons to print and cause to be printed divers sheets of copyright music without the consent in writing of the proprietors, knowing such sheets of music to have been unlawfully printed. Conspiring together to sell, publish, and expose to sale such sheets of music, unlawfully conspiring to have in their possession for sale such sheets of music by unlawful means. Conspiring to defraud, injure, and prejudice the proprietors of the said copyright music, and to deprive them of the profits arising therefrom.

MR. AVORY, K.C., MR. C. F. GILL, K.C., MR. MUIR and MR. HOUSTON Prosecuted; MR. HEAD Appeared for Willetts; MR. HAROLD MORRIS and MR. PAGE for Tennant; MR. WALSH and MR. GUTTERIDGE for Ross; MR. CURTIS BENNETT and MR. C. H. PIERSON for Puddefoot; and MR. JENKINS for Bokenham.

FRANK PERRY . I am a photographic engraver at 38, Farringdon Street—I have carried that business on for about twenty-three years—I have known Willetts for about four years [MR. HEAD submitted that the evidence as to the witness being connected with Willetts four years ago was inadmissible, as under Section 26 of the Copyright Act, 1842, it was necessary that any proceedings under the Act must be taken within twelve months after the commission of an alleged offence. The COURT held that that had nothing to do with the giving of the evidence, which was admissible]—he was brought up to my works by a man who was connected with an electro-typing busines during my absence—he was introduced to me under the name of Whitehead—from that time I did work for him occasionally—the work was the

reproduction of printed music, making photo-zinco blocks from printed music supplied by him—when I had made them they were either called for or delivered—they were blocks made by photographic process for printing—I did not make out statements of accounts till quite recently—they were mostly paid for in cash—about August or September, 1905, there was money owing to me and I made out a statement showing the amount owing—these three documents, Exhibits 7, 8 and 9 (Produced), are some of the statements of account that I made out and delivered to Willetts—the invoices contain the titles of the music and the cost of each set of blocks of a certain piece of music—the headings of those invoices are torn off—I am under the impression that I tore them off myself—the price of each individual block was always the same—£4 means eight blocks; the agreed price of a block was always 10s.—a block represents one page of a piece of music—if I used in one piece of music eight pages it would be eight block*, £4—these blocks (Produced) are those referred to—they are an exact copy of the piece of music supplied, a photographic copy with the words and music—I made the blocks produced for Willetts during last year; I should say about August—he paid in cash or in postal orders—when the blocks were made they were called for or instructions were given on the telephone that they were to be left at a railway station booking office and the receipt forwarded to Willetts—no name was given to us at all—the boy could put them in his own name or anyhow—he mostly delivered them at the railway station in his own name, I think—Exhibits 13, 14 and 15 are copies from which blocks were produced by me—parts of the first page of Exhibit 13 are altered—the piece is "I Wouldn't Leave my Little Wooden Hut for You "—the parts on the front page which are scored out are the publisher's name and address at the head and foot of the page, the word "Copyright" and a note about the singing rights—all comes out except the title and the composer's and author's names—the scoring out was done before we received the copy—I made a plate from that for Willetts—the part scored through was not reproduced—the dedication, the different keys it is published in, list of arrangements, the publisher's name and address and "Copyright in the United States" are scored out on the front page of Exhibit 14, "Sing Me to Sleep "—a block was made in the same way from that—in making the block I omitted the scored-out parts—parts of Exhibit 15, "Angels Guard Thee," are scored out; the different arrangements, the publisher's name and address and the words "All Rights of Public Performances reserved" and "Copyright 1892 "—I made a block for Willetts of that identical piece, omitting the scored-out parts.

(Cross-examined by MR. HEAD. It was some years before I knew that he was Willetts—I knew him for three or four years as Whitehead—I always dealt with him as Whitehead—I am under the impression that I tore off the headings of the accounts that were sent in when I took to sending in my accounts—I did that because I did not wish my firm to be identified with what might be an illegal business—my suspicions were commencing to be aroused when I sent in these statements—I am not in the habit of doing things which might possibly be illegal—this is the

first offence—I frequently tear my name off the headings of my bills—the object is that if I am working for a third party who wants to show to his customer the price I charge him, the heading is always taken off so that it does not identify the source; it is so that the customer cannot come direct to me—as to the suggestion that I was afraid I was doing something shady, it can be put in that way—I was not willing to do it—these statements were sent in almost, if not entirely, at the end of the transactions which I had with Willetts—it cannot be said that all the time that cash was being paid, so to speak, on the nail, my conscience wu not troubled, and that it was only when I sent in something in writing that my conscience began to be aroused—I did not say that I had been dealing for four years with Willetts and that it was only just at the end that I sent in accounts—I said that I had dealt with him—I did not say that I had been dealing all the time with him—I had not been dealing all the time with him—I had been dealing with him intermittently—as to when it was that my conscience began to be tender, I say that my conscience is always tender, I think—I have already said that I would not swear that I removed these headings—supposing that a song is brought to me to print, I cannot tell by looking at it whether it is copyright or not—I am not an expert in the matter of copyright—I have never registered a song at Stationers' Hall—you can register anything you like, I believe, at Stationers' Hall—I made the three blocks that were put to me—I cannot say whether the orders to make those blocks were given to me altogether or whether they were given to me at separate times—they would be given to me about two days previously to the delivery of the blocks—they are invoiced on August 16th—it must not be taken that they were made at that time—I had several interviews with Willetts between August and October—on one occasion, I think, some music was sent round by a boy, or ray boy called for it—I am not prepared to swear that it was Willetts who brought those three songs—it is impossible for me to swear whether I fetched these from Willetts' office, or whether Willetts brought them, or whether they were handed to my boy—I received the majority of the orders at Willetts' office from him personally—the order was for him—the entry in my books was put down to him with no name whatever—I understood that they were for himself personally—I have heard of the People's Music Publishing Co.—I knew that he was manager of that—I have done work for that company, knowing it to be legitimate work—I have not done any illegitimate work for the company to my knowledge—to my knowledge I have never seen Wootton.

Re-examined. The blocks for "Angels Guard Thee" were delivered about August 16th—looking at the next invoice, I find on September 9th. 44 Sing me to Sleep," also the same song on October 30th—on Exhibit No. 9 the first entry is "Wooden Hut "—where there appear "Wooden Hut" and 44 The Holy City" it means that I delivered blocks for those pieces at the same date.

WILLIAM WALTER WENMAN . I am out of employment at present—I was employed for four years by Mr. Perry, who carries on business as the Direct Photo Engraving Co. at 38, Farringdon Street, E.C., ending

at the beginning of October, 1905—it was my duty to pack such blocks. as these (Produced), and I sometimes delivered them to the persons for whom they had been made—I knew of Willetts and that his office was 17a, Paternoster Row; I have seen him there—I had blocks from my employer to be delivered to his order—we got instructions from him by telephone, his number being 1399 Holborn—I rang up that number, asking for "Mr. W.," and sometimes "Mr. W." answered and sometimes the young lady whom I saw when I went there, Bliss West—I got instructions to deliver these blocks at such places as the cloak room, Holborn Viaduct—I would pack them in ordinary brown paper and leave them at the cloakroom, whichever it was—I gave anybody's name bar Willetts', and I would get a ticket which I put in an envelope and addressed it to "Harry, 35, Kirby Street, Hatton Street," and posted—Ludgate Hill cloak room was another cloak room I left blocks at; there was not any other—I also left them at the Swan public-house in Farringdon Street and the Hope Tavern, 23, Ivory Lane—I gave no name, but simply left them till called for—I left one cloak room ticket at a tobacconist's shop, 41a, Farringdon Street—I left a lot of parcels in that way; I cannot say how many altogether; I left one at a time—in the four years I have delivered about fifty—no other people, to my knowledge, delivered parcels while I was there—I went twice, I think, to 17a, Paternoster Row—I saw Willetts there—I fetched a parcel of music for making blocks which he gave me and some money, which, as far as I know, was payment for the blocks—I did not produce any invoice, nor did he—I did not give any receipt, nor did he ask for one—I got copies of songs like these (Ex. 13), which I delivered to my employer—Willetts told me he did not want his name mentioned at the cloak rooms—I cannot say what names I gave; I gave the name I thought of first, bar Willetts'.

Cross-examined by MR. HEAD. I did not read the names of the songs as I packed them, and I cannot tell you the names—I do not remember the names of the songs that Willetts gave me; I did not look at them.

Cross-examined by Wootton. I have never seen you.

HENRY JONES . I live at 29, Grantham Road, Clapham Road, and am manager to Mr. Catling, a photographio engraver, of Fleet Street—of the prisoners, all I know are Willetts and Tennant; I am not quite sure whether I have seen Puddefoot—Willetts was introduced to me about two yean ago in the name of "Mr. Chalk," by which name I knew him until comparatively recently—I have known for about six months that bis name was Willetts—when he was introduced to me he said he wanted some blocks done for cheap music—I agreed to get it done for him and we arrived at a price—I met him from time to time, when he supplied me with both printed and manuscript music—he used to meet me at Public-houses, having let me know previously what public-house to meet him at, by telephone—his telephone number was 1399 Holborn—when I used to ring him up I used to ask for "Mr. Chalk "—some of the public-houses where I met him were "Stones," at the back of Straker's, in Ludgate Hill, the White Swan in Salisbury Court, and the King Lud; they were all in the same neighbourhood—when I had made the block

I returned him the copy—I also met him at corners of streets—this has been going on down to shortly before these proceedings—I also did the same sort of work under an account which was described as the People's Music Publishing Co., upon Willetts' instructions—I used to deliver the blocks at 17a, Paternoster Row—I do not think any of the People's Music Publishing Co.'s work was delivered at cloak rooms—I also delivered some blocks of(Nursery Rhymes' to Messrs. Puddefoot—the blocks for Willetts I delivered at cloak rooms at Ludgate Hill and Holborn Viaduct—I took a ticket for them and he paid on the ticket—the transactions were ready money either before or after the work was done; he would pay me either in the street or in a public-house—no invoice was ever delivered nor receipt given—I got 5 per cent, commission from my employers on all this work—I cannot swear to the amount, but I always used to have is. or 5s. at a time; it used to fluctuate—sometimes I never used to worry about it until I really wanted some money—it would not always be 4s. or 5s.—I fancy that a place I went to had the name of Stewart over it; it was a shop in Farringdon Street—I have seen Ross come in and out there—I cannot say I have seen Puddefoot in that shop; I may have seen him close by; I believe his place is almost three doors from it; I imagine it was Puddefoot—I have gone to 17a, Paternoster Row for appointments made by Willetts, but I used to do business with him in a public-house—I believe I made in October last the blocks of this song, "My Irish Molly, O," for him, but I am not certain about the "O," and I do not think this portrait was on the front page (Piece of music produced)—I cannot remember whether this piece of music is like what I saw (Pirated piece of music produced); there is a portrait—this has no name of any publisher—I remember a block being made of "The Holy City"—I have not got a list of the names of the songs to remember then by—I did not make out any account and there is no document recording the work done—I have thousands of things in my hands every week—this was not out of the ordinary course of business—on looking at this long list of songs, I believe we did "Teasing"—I will not swear I done "Down the Vale"—on looking down letter "S," I remember now that we did "Spring Chicken "—I saw Tennant once with Willetts in a street or a public-house—Willetts was engaged with another gentleman, song said to Tennant, "Attend to him," meaning me—he gave me an order by Willetts' direction; I suppose it would be for a block for a song—I do not think I delivered it to Tennant; it was in the ordinary course, either at a cloakroom or a public-house—I have communicated with Ross on the telephone, but not on business—I believe I have delivered blocks twice at Puddefoot's address—I have seen that man (Bokenham), but I do not know his name—I have seen him eight or ten times with Willets when I have been transacting business with Willetts—I believe he has called once at my place for some blocks—I do not think any of the blocks delivered to Willetts in this way ever had the name of a publisher upon them.

Cross-examined by MR. HEAD. I have been in Mr. Catling's employment for sixteen years, and am still—making blocks is the principal part

of the business that I look after; millions pass through my hands in a year—I have no occasion to remember any particular song—I am called the fine etcher who deals with the words, illustrations, and music—my work does not necessitate my reading what I am doing; I have not the time to do so—I remember doing blocks of "The Coon March" and "Florence "—I cannot remember the names of the songs that Mr. Gill got out of me—I got a commission on all the orders I took from everybody.

Cross-examined by MR. BENNETT. One of the blocks I took to Puddefoot was for "Nursery Rhymes "—after I had made these blocks I do not think there was anything on them to show they were blocks of copyright music; I do not think the word "Copyright" was on them.

WALTER BOND . I am a printer, of 21, Ruskin Avenue, Manor Park—Ross was introduced to me in October, 1904, as "Wallace "—he told me he wanted me to print some music for him; I do not know whether he gave me any definite name to it, whether it was pirate music or not—I found out afterwards that it was pirate music—his address was 41a, Farringdon Street, a tobacconist's shop in charge of a man whom I knew by the name of "Harry Clifton" then, but I found out afterwards he had another name, Colbon—the paper was delivered to me in vans by a man whom I knew as "Fred "—in the early part of last year Colbon delivered it after Fred had left; I understood he came on behalf of Wallace—photo-zinco blocks were also delivered to me; they were called jiggers—the music was taken away either by Fred or Colbon; whoever delivered the paper, as a rule took the printed paper away—the blocks either went away and others took their place according to the orders I received—I remember an occasion when music was taken to the basement of a shop in Theobald's Road, Bedford Row, which, I believe, was used as a laundry—Wallace paid me either by postal orders, cash or cheques—this postal order for 1s. (Ex. 24) was given me by Colbon with "Fisher & Co." filled in as the payee's name, dated August 31st, 1906—this is a cheque given me by Wallace, dated May 30th, 1905, for £5: "Pay Mr. Bond or older," drawn at Parr's Bank, Fleet Street branch, and signed "W. Wallace" (Ex.25)—I paid it into my banking account, which I had in the name of Lemaine, and it was returned to me "Payment stopped "—it was in part payment of my account—there was some difficulty in my getting paid in full for the work I did, and I was always mentioning to him about the amount due to me—he said that he could not get his money off the people that he was doing it for, and he was not able to pay me—I found out afterwards in an indirect way that he was doing the work for Willetts—Wallace, or Ross, mentioned incidentally, in connection with the work that "Fisher & Co., of Walthamstow." was the name of the firm Willetts went by, and I saw many of these postal orders with "Fisher k Co." on them—I had never much to say to him about it; I only saw him once a week when I tried to get the money; I do not remember anything definite as to what he may have said—he mentioned "Fisher & Co." and Willetts, and what he had to say amounted to that Fisher & Co. were Willetts—as far as I found out from him, Fisher & Co. was the company Willetts was the one who gave the orders out on behalf of Fisher

& Co.—I took a place at 39, Featherstone Street, and did the work myself there alone—later on Colbon joined me as partner in the concern, some time during last year—on September 1st, 1905, there was a raid there and they seized whatever there was on the premises—I wrote to Willetts because I could not get the money from Wallace [Ex. 26, read: Stating that he had been printing P. M. for twelve months for him for Mr. Wallace; that there was £53 10a. I owing to him which Mr. Wallace maintained that Willetts had not given him (Wallace); that that and the recent raid had literally ruined him and he was actually in want, and he believed Colbon had asked him (Willetts) if he had any work that he (Bond) might do; that he must take proceedings for the recovery of his account due, but trusted he would pay Wallace so that unpleasantness might be avoided")—"P. M." means pirated music—I sent that to his offices in October, 1905—I met a man in August, 1905, whom I have found out since to be Bokenham several times with Colbon in Farringdon Street—I knew him then as Pope—he wanted me to print some music for him—when my place was raided they took both blocks and printed stuff; there were about twenty blocks; I cannot say what quantity of music there was, anything from 10, 000 to 15, 000 copies—the first time I saw Willetts was the morning of the day after the raid, September 2nd—I went to Farringdon Street and saw Colbon there—I made arrangements to meet him and Willetts at a public-house in one of the turnings off St. Paul's Churchyard; the Black Swan I think it was—I went there and Willetts and a man, whom I subsequently learnt was Tennant, came in—I corroborated to Willetts what Colbon had already told him about the raid at my place and gave him a written list of what, as far as I knew, had been taken away—I heard that there had been a raid at the laundry in Theobald's Road; it was not my business to go there—I heard Colbon telling Willetts about this raid; he said the police had got very little because he was able to get there in time to stop them by taking it away—we mentioned to Willetts that we wanted some money for the work we had being doing, and he said he had not any on his at that moment, but he made arrangements to meet me at 12 p.m., when he would give me some—at that time I had received £4, made up of different sums, amongst which was the 1s. postal order—the songs given roe to print went by numbers—after I had printed one lot from a block they would give me an order to print so many of that particular number which had been fixed upon.

Cross-examined by MR. HEAD. I am still a printer, working for Teekins Homes on the other side of the water—I have been with them two months—between the time this raid took place and joining that firm I looked for work—previous to setting up for myself I was working with a firm for two years; I did not get a character from them—I had no one to give me a reference before I found the position I am now in, because I had been working for myself—during the time I was looking for work I lived the best I could by friends helping me—I am married and have children—I know Cooper; he was one of the raiders—I met him first after the raid—I swear I have only seen him during the last two months here and at Bow Street—I may know Mr. Goodman, but I do not know his name—

Cooper and Preston are the only raiders that I know by name—I am not sore whether Cooper was at the raid, but Preston was—I have not received any employment from the raiders—Colbon suggested that I should write this letter to Willetts (Ex. 26)—I do not know if anybody suggested it to him—I cannot tell by looking at a song whether it is. copyright or not—I got the shilling for the postal order from Cooper in October, as far as I remember—when I got to my last shilling I parted with it; I kept it a month, I should think—I got it on September 2nd—I kept it because I wanted to make sure of getting my money—I have only had one interview with Willetts.

Cross-examined by MR. MORRIS. I looked to Wallace for payment for the work I did—I do not think I spoke to Tennant from first to last; I will not swear to it—he only said, "Good-morning" to me.

Cross-examined by Wootton. I have met you several times—all I know about you is that I have been told that you were known as "George, the Carpenter," and you did carpentry work for the different depots—I think the first time I saw you was when you were painting Clifton's shop; I will not be sure.

Friday, January 12th.

WALTER BOND (Cross-examined by MR. WALSH). I took no share in any of the profits; I was merely a printer—I knew when he asked me in August, 1904, to do some printing that he had given up actual printing himself; he was simply farming it out—it is a well-known practice amongst printers if they have established a connection to take orders from their customers and farm it out to different people—he acted as middle-man to me, having previously done the orders himself—until this I had not done anything in the line of printing music—there was nothing in the first instance from the copy to indicate that it was pirated music; it gradually dawned upon me more by inference from circumstances than by anything which was told to me by anybody; I really cannot say how long it was before I came to that conclusion—having made the discovery, I continued to do the work, but I had no idea that I was committing any breach of the criminal law, nor had I any intention of doing so—I knew that I was liable to have the stock seized and the place raided by the police—whether it was raided or not, I was paid my printing bill—I carried it on merely at the risk of the inconvenience of having the police raiding the premises and seizing the stock—the last time I did work of this kind was September 1st, 1905—sometime in 1905 Colbon, or Clifton, was looking after Ross's business; I hardly ever saw Ross there, and all my communications with reference to these sub-contracts were with Colbon—it was in July when Colbon joined me as a partner—at the time I was negotiating with him for the partnership he was still Ross's manager—the object of the partnership was not to parry out this work direct with Willetts—it is not a fact that after he joined me I got contracts direct from Willetts—Ross was aware that Colbon was my partner about a fortnight or three weeks before the raid—I did not inform him of it at the time; Colbon remained his manager after he had come into partnership with me till July, 1905, if

not later—he had been manager for Ross early in 1905—I knew Colbon had physical control of the jiggers while manager for Ross—I entered into partnership with Ross's manager at a time when Ross was still printing, out I do not think it was a very shabby thing to do—I did not communicate with Ross that I had done so, because it was none of his business; it did not affect him in any way—Ross mentioned to me a good many times that he wanted to give it up, and so did I, but we agreed to keep on as long as we possibly could, so that we could get the arrears due to us for my sake he said he would keep on with it—he said he wanted to give up taking the orders to print this particular music—when I had got my money I was going to give it up—it was with the idea of carrying it on financially that I took Colbon into the business, because if I stopped I lost my money—I was trying all the time to work up another connection and then drop the music—Colbon was taken on to work as a general printer—I think I first spoke to Ross about dropping this business about Christmas, 1904; I was on very friendly terms with him—I did not know any of the raiders before the raid—I did not know that Ross some time before the raid had handed over some plain direct to one of the publishers without making any bones about it—I di not know that at the time Colbon entered into partnership with me Ross was giving up the contracts altogether; he wanted to give it up especially about that time—I should say the arrears in July were about £50, some of which was out of pocket—it was not very remunerative work, and that was why I wanted to give it up—I never approached Willetts with a view to getting the work done direct—I did not mean by saying, "I decided to take a place for myself and do it alone, and took a place at Featherstone Street," that I was going to do the work without a middleman, direct with other people—I got nearly all my information as to Willetts and Fisher & Co. from Colbon—during the time he was carting the paper in, some time between February and July, we discussed that it would be a great deal to our benefit to have the work direct from Willetts, but he said he would not act underhanded to Ross in that way, so things went on just the same as before; we would not think of it—the partnership was not in writing; it was to cover the whole of our printing transaction—he did not provide any money—he shared in the profits of the music printing between July and September—the block of "Egypt" was handed to me after this partnership arrangement—I was printing it on and off right up to the end—there was some of the music and the blocks seized at the raid—the blocks were continually being changed—after the raid and between November I asked Colbon if he could find me any work to do through Willetts, as I had absolutely nothing to do—before the raid I swear it was never mentioned—at the meeting at the public-house with Willetts with reference to the raid, Colbon was there being concerned in it as my partner, and it also concerned him as Ross's manager—the contracts about which the raid had taken place were not at that time between Colbon and myself, and Willetts on the other hand—Ross was away on his holidays then; he was not present—I used to call round at Farringdon Street—I did not telephone Willetts, but Colbon did, to

inquire for orders—this was a long time before July—I was calling there from the start for orders—before the partnership I asked to telephone Willetts for orders and there was no difference in my way of getting the orders after the partnership—when we met in the public-house on September 2nd, between 11 and 12 a.m., Willetts had no money, and the arrangement was that I was to meet Colbon later on, when he would give me the money—there was no reason for my mentioning the 1s. postal order in my letter to Willetts; I had not sold it to Cooper when I wrote it—I saw Cooper two or three days after I wrote it.

Re-examined. It was Ross who first introduced me to pirated music—I was in want of work at the time—I learnt practically at the first transaction that it was pirated music—the £53 10s. 1d. due is still owing—if I had been paid for it in full it would have paid me as well as any other printing would have done—I did not think much of it at the time, but as I got used to it I wished I had never seen it, because I did not think it was exactly fair—I do not know what to say about whether I thought it was honest or not.

TIOMAS WILLIAM IDLE . I am a bookseller, of 17, Paternoster Row. and I hold the lease of the office 17a, Paternoster Row, which is in the rear of No. 17—on July 25th, 1904, Willetts was introduced to me by an estate agent at my office—he wished to take 17a, Paternoster Row—he gave me to understand he was the manager of the People's Music Pubhishing Co.—on the following day I met him again with my solicitor, Mt Mellows, and after a conversation with Mr. Mellows I agreed to let the office to him on monthly payments of rent—he signed this agreement (Ex. 21) in my presence—he describes himself in that as "James F. Willetts, trading as Manager of the People's Music Publishing Co. "—he went into possession about the end of July and he paid the rent monthly in advance generally by postal orders and cash, and sometimes by cheque—I saw no one but him in connection with this business or this company—I have seen Wootton on the premises doing carpentering work—Willetts remained in possession up to the time of these proceedings.

Cross-examined by MR. HEAD. I have done business with the People's Music Publishing Co.—I should say there was no evidence of their selling pirated music; I had not the least suspicion of it.

Cross-examined by Wootton. You have done carpentering work for me.

Re-examined. The only thing I have bought from the People's Music Publishing Co. is the "Nursery Rhymes," the copyright of which belonged to them.

FREDERICK GEORGE MELLOWS . I am a solicitor, practising at. 9, Fen-church Street Buildings, E.C., and Mr. Idle is a client of mine—on July 26th, 1904, 1 saw him and Willetts, with the result that I drew up this agreement (Ex. 21), which was signed by Willetts—the description of himself as it appears there I got from him—it was my suggestion that the lent should be paid in advance.

BENJAMIN LENNOX . I am a clerk in the service of Mr. Frederick Catling, a process engraver, in whose service also is Henry Jones—I keep

Mr. Catling's books, and have kept the account of Mr. Chalk since September 3rd, 1902, the last entry being November 24th, 1905, which is in my writing—I also kept the account of the People's Music Publishing Co., the first entry being September 23rd, 1904, and the last November 23rd, 1904—these accounts would be for process plates made by Mr. Catling.

Cross-examined by Wootton. I do not know you at all.

CHARLES DEW . I am a carman employed by Dickinson & Co., paper manufacturers, of Old Bailey—looking at this paper (Ex. 51), I remember delivering from my firm eight reams of paper to the name of Robson, at 35, Kirby Street, Hatton Garden.

Cross-examined by Wootton. I do not know you at all.

FREDERICK WOOLGAR . I am a carman employed by Lavington Bros., carriers, of Old Bailey—on August 22nd, 1905, I took eight reams of paper from Messrs. Dickinson & Co. to Duff Street, Poplar, and delivered it there to the name of "Harry, c/o Robson "—it was signed for on this paper (Ex. 108) in the name of "Harry. "

JOHN THOMAS GEORGE . I am an engineer—about eighteen months ago I had some workshops at 71, Essex Road, Islington—at the latter end of April, 1904, a friend of mine named Holbrow introduced me to Ross, whom I knew as "Mr. Wallace Ross "—he said he wanted the workshop which I had vacant, for printing—about the middle of May, 1904, he came into occupation—I went to the premises after he was there and saw printing machinery and other printing materials—he did not him self work at it, but there were some men engaged there—one man in particular was engaged in printing there, but I cannot say, because I have seen two men, whether they were both working at printing—I did not take much trouble to inquire what sort of printing it was, but I saw some music—I paw some similar blocks to these—on July 19th, 1904, I heard of a raid having been made on that day; I was not present at it-after that I never saw Ross there—I saw him about two or three times on the premises before the raid—there was £6 owing to me for rent—he left the printing machine, which was taken away by Mr. A. J. Parker, by whom it had been brought there—it was there till December 5th—Mr. Parker paid me the rent due when he took away the machine, and I gave him this receipt for it (Produced), which does not give a date—I did not charge for the time that the machine was there after the raid, but up to July 19th, when the raid took place.

Cross-examined by Wootton. I do not know you.

Cross-examined by MR. WALSH. £6 represents four weeks' rent—the machine came in at the beginning of May—I saw printing other then music going on—when taking the premises Ross asked if it was necessary, could I give him more power and more room.

WILLIAM JONES (Pensioned Sergeant, City). On August 25th, 1904, I was in the force—on that day, acting upon instructions, I seized 10, 000 copies of music as pirated music on the footway outside Puddefoot's premises in Turnagain Lane, Farringdon Street—Puddefoot's name was up outside his premises as a printer—a summons returnable on September

2nd, 1904, was then issued for the destruction of the music, which I served on him—he said, "I shall not attend. I do not understand anything about music. I simply executed a printing order. I get my living by printing "—I was present when the summons came on for hearing, and he did not attend.

ALFRED JOHN PARKER (Cross-examined by MR. WALSH). I carry on business in the neighbourhood of Fleet Street and let printing machine out on hire-purchase terms, taking a deposit—I had about £25 deposit from Ross on this machine at Essex Road—I have done business with him tome years previous to that with regard to a large printing machine, which he paid for—I paid Mr. George £6 before I could move this machine—I seized it under my agreement; it is absolutely mine until it is paid for—I had got the deposit and some instalments for rent—its value was something like £95.

SYDNEY PERRETT . In September, 1905, I was a watchman at 23, Holborn Viaduct—there is a back entrance to those premises in Turn-again Lane, right opposite Puddefoot's place—between 10 and 11 a.m. on September 27th he asked me if I would take charge of a few parcels for him and I told him he might put them in the yard—when I came back from dinner I found three men in the yard taking the things out that were there—when I told Puddefoot that he might put them in the yard his men brought them over shortly after, some in brown paper of about this sue (Blocks produced) and some in bags—one of the men taking them away I saw at the Police Court; it was Mr. Goodman; they were not Puddefoot's men—Mr. Goodman is the only one who spoke to me—Puddefoot afterwards said to me that they had no right to take them away without a warrant.

BLUS BOWER (Inspector C.) On October 27th, 1905, with Sergeant Moore I went to Milton House, East End Road, Finchley, Puddefoot's premises, with a search warrant—I saw Puddefoot there—a large wharfedale printing machine was being worked by Donovan—the songs being printed were "Ring Down the Curtain," and "Rainbow"—on searching the premises I found 100 copies of "The Star of Bethlehem," of which to is one (Ex. 40) 75 copies of "Asthore" (Ex. 41), 80 copies of "Valse Bleu" (Ex.42), 1, 000 copies of "Ring Down the Curtain" and "Rainbow," printed together on a very large sheet which would be separated by cutting the paper (Ex. 43), and some odd copies of songs, "Always" (Ex. 44), "Shepherd of Souls" (Ex. 45), "Duchess of Dantzic" (Ex.46), and "Come back to Erin" (Ex. 47)—on none of the songs was there any none of a publisher or "Copyright" or "Rights reserved "—on searching Puddefoot I found several letters (Ex. 48), one signed "H. Colbon," the others "H.C." and all headed" 136, Percy Road, Shepherd's Bush—the first is dated September 3rd, 1905 (Addressed to "Dear Mr. P.," and stating that fifteen reams would be delivered at Milton House on the morrow; that he would see him about "jigs" and that any paper sent or parcels called for in the name of "Clifton" would be all right)—there is another one, the envelope in which I found it being dated October 24th, 1905 (Read, addressed to "Dear P." and stating that he would hone come

up, but had to rush home as he felt so shaky; that he had tons of work really; that Wallace had been crowing lately that he was going to dose the show to several people, including Jack and Dewing; that as he had been losing about £6 per week he had closed it himself; and that he had had enough of Wallace's cant and nonsense. Signed "H. C ")—the next one was found in an envelope dated October 21st, 1905 (Addressed to "Dear P." and stating that is presumption was wrong, for the cheque was returned; that he was not surprised at Wallace saying things, and that he would give Wallace credit for anything. Signed "H. C ")—the next was found in an envelope dated October 27th (Addressed to "Dear P.," stating that he had got a cheap lot of paper; that he had no further plates for that week, but should be able to put him (P.) in full swing on the Monday morning; that he could take "jigs" with him on Saturday to commence; asking about delivery of "cats" stating that it was unwise to come to his (Colbon's) office until he had got his partition up; asking him when writing to Bush or Bride Lane to write in his (Colbon's) own name, and that "Clifton" was Wallace's name or one of them Signed "H. Colbon ")—"Bush" means Shepherd's Bush—then there is another one of September 3rd, 1905 (Addressed to "Dear Mr. P.," and stating that there would be fifteen or sixteen reams at his place on the Monday; that he would let him have instructions and tickets for "jiggers "; and that any paper that was brought or fetched in the name of Clifton would be all right Signed "H. Colbon ")—the next one, to which no envelope was discovered is written in pencil and undated (Addressed to "Dear P.," asking his to get on with 20, 000 of enclosed at once, and he would give him outside page when he saw him in the morning; that he must have 3, 000 or 4, 000 on the morrow night even if he had to set them up by lino; that he wanted tinted paper if possible, and that he (P.) would see catalogue was not Fisher's. Signed "H.C")—I also found this pocket book, in which I found entries referring to a very large number of musical compositions and songs with numbers against them—there is also a long list of names of pieces of music with the number of jigs opposite, identified as being at "T. A.," which means Turnagain Lane—there are others identified as being at "E.F.," which would mean East Road, Finchley. [MR. WALSH submitted that the letters, Exhibit 48, should be ruled out as evidence against Ross, on the ground that the fast that they were found in Puddefoot's possession did not make them evidence against Ross, which submission the COURT overruled.]

Cross-examined by MR. BENNETT. There were about 12, 000 or 13, 000 copies of music found, of which 2, 300 were pirated—I did not count what music I left behind; it may have been 10, 000 copies—all the music was on white paper—I saw many thousand reams of "Nursery Rhymes" there, prepared for a book, in sheets—there are entries of moneys lent to Donovan in the pocket book; those would be "subs" as they call them.

Re-examined. When I was referring to good music I meant a song called "Himalaya," which does not appear to have been copyrighted by the Musical Publishers' Association—we did not take the music that was not included in our list, by which I mean good music.

B. LENNOX (Recalled by MR. MUIR). I said in my evidence that the last work we did for Mr. Chalk was November 24th, 1905; that

should have been for the People's Music Publishing Co.—the last entry for Mr. Chalk was October 31st, 1905.

HARRY DONOVAN . I am a printer, and live at North Finchley—I have done printing work for Puddefoot, first at Turnagain Lane, and afterwards at East End Road, Finchley, for three years—I printed music for him at both places and was doing that when the police came to East End Road in October, 1905, one of the pieces I was printing being "Ring Down the Curtain "—I have also printed "Rainbow" "Ora pro Nobis," "Angels Guard Thee," for all of which songs Puddefoot supplied me with the blocks, which, I believe, were called jiggers—when the music was ready for delivery I packed it up and have upon some occasions gone with the carman who has taken it away—then it was left at the railway station cloak rooms, when I would get the cloak room ticket—I have been tine or four times with the carmen to King's Cross railway station and once to St. Paul's; I did not always go—I would give the cloak room ticket to Puddefoot—the jiggers went with the music and were left at the cloak rooms—this document (Ex. 29), which is in pencil, is in my handwriting—it is a memorandum on which is "Angels Guard Thee," of which I printed 1, 000, "Dream of Paradise," 1, 000, "Star of Bethlehem," 1, 000, "Ora pro Nobis," 1, 000—I do not know what "Jinks" means I wrote it there because Puddefoot told me to do so—the memorandum refers to four lots of a thousand each, made up into eight bundles, which I was to deliver to the carman who came there by Puddefoot's instructions—he never mentioned the name of the man who would call, but the signature is "W. F. Brett," and I suppose he is the carman who signed for them—I was told on September 9th that a man would call on the 12th—I cannot remember any more directions being given me except that a carman would call—this is another memorandum in my writing, dated September 12th (Ex.30) in which is ten parcels "Angels Guard Thee," "Dream of Paradise," "Ora pro Nobis," and "jigger Nos. 1 to 5 "—"Tiny Tim" I got from Puddefoot; I suppose it was another customer—the next one (Ex. 31) is twenty-three parcels, and eleven parcels also for "Tiny Tim "—this js in my writing: "September 8th, 1905, 23 parcels. T. H. Gorro," and "eleven parcels, 6-9-05," but I cannot call to mind what that means—Gorro is the name of a carman—this (Ex. 32) is in my writing and begins, "Jenks delivers," which means delivered to Jinks—it gives amongst others "Star of Bethlehem," "Old Sweet Song," "Dream of Paradise," "Angels Guard Thee," nine bundles of 1, 000 each," and on the other side "Jinks jiggers," and then occur a large number of names of pieces of music and the number of jiggers necessary for the printing of each of them—about seven of the names of songs are in Puddefoot's writing, hat the rest I wrote at his instructions—Exhibit 33 is written in pencil and says, "Tiny Tim delivered ten parcels 'Angels Guard Thee,' 'Dwarm of Paradise, 'Ora pro Nobis,' and jiggers Nos. 1 to 5," and on the other side "5, 000 No. 4 "—I do not know what "No. 4" is; it is scratched out here it is in Puddefoot's writing—the pieces of music were called by numbers—the jiggers were numbered, so that if you wanted so many pieces of music of the number of a particular jigger that is how you would identify

what was wanted—at the back there are also particulars as to other parcels, "4, 500 No. 3, 3, 000 No. 4, 3, 000 No. 5, 1, 000 'Asthore, '" and so on, all of which is in Puddefoot's writing—Exhibit 34 says, "Jinks delivered two parcels, 1, 000 'Last Night,' 1, 000 'One Spring Morning,' 1, 000 'Asthore,' 1, 000 'Better Land," and other songs, which is in Puddefoot's writing; "13 parcels" is in mine—I find also, "Delivered 1, 000 'Angels Guard Thee' 1, 000 'Dream of Paradise,' 1, 000 'Star of Bethlehem,' 1, 000 'Ora pro Nobis, '" and then there is a lot of ten bundles—on the other side there is "Jinks jiggers, 'Asthore,' 'Star of Bethlehem,' 'Dream of Paradise, 'Star of Bethlehem, '" and "Received 10 reams," which means ten reams of plain paper—Exhibit 35, headed "Tiny Tim," is in Puddefoot's writing and says, "Jacksonville, 'Rainbow,' 'Sing me, '" and so on, with numbers of the jigger against each song—then there is, "Delivered five bundles of 1, 000 No. 1; five bundles 1, 000 No. 2," and so on; "Print 3, 000 copies of each "; that is all in Puddefoot's writing—that might have been instructions to me as to the number I was to print, but it might have been instructions to him from some of the customers of which he made an entry—then there is "Received fifteen reams. "

Cross-examined by MR. PIERSON. I am still working for him—his business is most decidedly not restricted to the printing of music—there was nothing special in his handing me these blocks to print music from; it was merely ordinary business routine—during the time I have been with him I have printed some 20, 000 copies of music, and so far as I know, only 2, 300 of those were pirated—I do not understand when it is pirate or otherwise—if a jigger did not have impressed upon it the word copyright there would be nothing to indicate to my mind that it was copyright—I know that a great deal of music is printed and published without anyone taking out a copyright—I know that "Alice, Where art Thou?" is not copyright.

By the COURT. All the blocks are not photo-zinco blocks; they might be electros—I do not know the process they go through.

Cross-examined by Wootton. I do not know you.

HENRY PAGE (640 N.) On August 17th, 1905, I went to the premises of Dobson and Co., Cazenove Yard, with an order, and seized a quantity of pirated music—at the end of that day I saw Bokenham, who came to Stoke Newington police station to lay a complaint regarding some blocks which had been taken away from his shop at Cazenove Yard, which he stated were his own property—Mr. Mabe had seized the blocks; I saw them taken off the machines—Bokenham said the block "Under the Double Eagle" was his; that is the only one he specified—the station sergeant told him the blocks had gone away to Queen's Hall—he further complained that at the time of the seizure I had assaulted one of his men, but nothing whatever came of it; the man refused to give his name and address and the case stopped there—on November 13th, about 7 p.m., I was on duty in New North Road, when I saw two vans standing outside the Prince of Wales public-house close together and Bokenham unloading one van into the other with four men assisting him, two men

in charge of each van—they were large parcels, some in brown and some in blue paper, similar to those I seized at Cazenove Yard—on November 15th, about 10 a.m., I was at the same place, when I saw a van coming along New North Road, which I recognised as the one I had seen on the 13th—it turned into a yard in South Street behind a coffee shop, No. 311, New North Road—I then saw the van backed up to a lock-up shed at the bottom of the yard and I saw Bokenham taking parcels similar to the ones I had seen on the 13th, out of the shed and placing them on the van—I have no authority to interfere in such things except at the instigation of the owner of the copyright—I did not report what I had seen because there was nothing for me to report.

Cross-examined by MR. JENKINS. Forty-eight bundles of blocks were seized on August 17th—none of them were returned to Bokenham as far as I know—they were all supposed to be copyright—I was suspicious of what I saw on the 13th and 15th, but there was nothing to report—I made a note for my own reference, because I was told when I made the raid at Cazenove Yard that at some future date I should be wanted—I did not speak to my superiors about it—the whole thing was done quite straightforwardly and openly—I did not know what was in the parcels.

Re-examined.I saw Mr. Mabe on the same evening and told him I hid seen Bokenham about several times—Mr. Mabe is one of the representatives of the Music Publishers Association.

WALTER FROST . I am engaged by the Music Publishers' Association at 27, Regent Street—on November 27th I commenced observation on a shed in the rear of a coffee shop, No. 311, New North Road—on that day I saw a van against the shed and a young boy lifting goodsized parcels which looked like parcels of paper or music from the shed into the van—I went down the street and when I came back the van was gone and there was no sign of anything—on the evening of November 29th I went to Cazenove Yard, where Bokenham carries on a printing works with another man named Clark in the name of "Dobson & Co., "—on November 30th I again watched the shed, when I saw the same van come to the yard about 10 a.m., and back against the shed—I went away and on my return in a short time I found they had pulled up on the left side of the street opposite the yard and loaded right up—I called P.C. Hobley and told him I wanted the van stopped and taken to the station—he went on one side of the road and I on the other—as I approached the van a man, whom I took for the man I had seen the night before, Bokenham, bolted round the corner as quick as he could go, leaving the carman and the van—my belief at the time was that he was Bokenham; he wore a bowler hat and a brown overcoat; that is all I could recognise—I and the constable took possession of the van and found it contained 20, 000 copies of pirated music, among them being a number of the "Orchid," selection, "Eileen Allannah," and "Sleep and Forget "—Bokenham was arrested on December 4th—I was with the police when they searched his premises at Cazenove Yard, where we found a number of blocks for printing music, among them being blocks for printing the there pieces I have just named.

Cross-examined by MR. JENKINS. The name on the van was "Henry Jordan "—I cannot say the name of the carman—I have heard from the agents of a man named Pope, but I have never seen him; I always understood that Pope was Bokenham—I do not know that Pope was a carman employed by Bokenham—I was not called to identify Bokenham after his arrest.

Cross-examined by Wootton. I do not know you at all.

DOUGLAS HOBLEY (325 N.) On the morning of November 30th, in consequence of what Frost said to me, I went to a van in South Street—as I approached I saw a man standing by the side of it—he turned round and ran down South Street; I was not near enough to recognise him—I took the van to the station, and the music inside it was detained there—there was a great quantity of the "Orchid" selection, of which this is a sample (Ex. 52), and a great quantity of "Eileen Allannah" and "Sleep and Forget," of which I produce specimens—there were other songs called "Daddy" and "Coo "—the name on the van was "E. H. Jordan. "

[MR. AVORY then put in certificates of "Eileen Allannah" and "sleep and Forget. "]

Cross-examined by MR. JENKINS. I was asked at Bow Street if I could identify Bokenham, and I could not.

HENRY JAMES SHARP . I am a butcher's manager, and in July, 1904, I was managing a butcher's business at 216, Wells Street, Hackney, which belonged to a Mr. Wagstaff, who had some stables at Poole Road, Hackney—in the summer time, I should think, of 1904, I let that stable to Tennant on a weekly tenancy at 7s. 6d. a week—he remained for about eight or ten weeks—while he was still in occupation on October 19th, 1904, there was a raid there—I do not know what he used to do there up to that time-after the raid he stayed for a few weeks, keeping only a pony there.

By the COURT. I mean by a raid that a van pulled up and took some music away.

Cross-examined by MR. PAGE. I did not see the raid, but I saw them taking the music away in a van—I could see it was music, because it was scattered all over the place, some laying in the yard and some in the van—I did not see that it was music in the brown paper parcels.

By the COURT. I saw Tennant and let him the stable personally.

ALFRED WILLIAMS . I am a house decorator—in May, 1905, I had the letting of a stable at la, Bentley Road, Dalston—at that time I saw Wootton outside my door for the first time—he told me he wanted some premises for bill-poster's work, and I showed him this warehouse and stable—he took it at a guinea a week, payable in advance—this is the rent book made out at the time (Ex. 36)—he took possession the next day, about May 17th or 18th, and remained in possession for some time—on July 17th there was a raid by the Music Publishers' Association—I was not present, but when I came home from work I saw the policemen in possession of a van load of music outside—I attended the North London Police Court, when some proceedings were taken with regard to the destruction of the music—after the case, Wootton, who had not been present, asked me how he got on and I told him he was fined ten guineas and

costs and he told me he had been asleep and forgotten that he was sum moned—I lived two doors away from those premises and have seen Wootton there on several occasions—I saw Bokenham there once, standing outside with a covered van.

Cross-examined by Wootton. You saw my wife when you first came—when I got home from my work at night my wife was away from home, and I made inquiries where she had gone, and I was informed by a friend that she had gone to the landlord to see if she could get permission to let the premises to you, but was refused—I had a note from Mrs. Smith, telling me to accept you on the condition that you paid a guinea in advance; she did that through me—it was about 3.15 p.m., and I advised you to go home—I received the rent, but I cannot tell you who paid it; different persons left it with my wife—you paid me only the one guinea the first week, and you paid me the last week—I brought Mr. Tyler in to take part of the premises the same day as you came in, because you said you could not bear the whole of it—you told Me you could not allow Mr. Tyler to take the upper part yourself, and you would have to consult your partner—I am sure you said "partner "—Mr. Tyler was with me when I saw you handing brown paper parcels up through into the loft to someone upstairs—I cannot say to whom it was—you were standing on the tail of the van—I should say the trap door was 12 to 16 feet from the ground—you might have been standing on a parcel on the tail of the van to enable you to reach the trap door—it was a covered one-horse van, not so large as a railway van and it might possibly be 9 feet high—you got down from the van and came to us—it was quite easy for you to ham thrown the parcels up—the parcels were 16 inches square, and about 4 or 5 inches thick—I did not see you throwing them; I did not take as much notice—if the parcels weighed 50 lbs., you could not throw them up.

FREDERICK HYMERS . I am a corrector of the press and live at Lambeth Grove, Lower Sydenham—I have known Willetts for some years; he has been called "The Colonel," "Mr. W.," "The King of Pirates," and "The Boss "—I have known him also as the chief representative of "Fisher & Co. "—I never saw any other Fisher—perhaps I had better explain that he was called in the first place "Fishy "; that developed into "Fisher" and then into "Fisher & Co., eventually becoming "Fisher & Co., Ltd. "—in January, 1905, I went to see him at 17a, Paternoster Row, and said, "I hear you have started a new business. I am out of work. I should think you will want a traveller "—I called two or three times, as he said he had to consult someone else before he could give me an answer—he eventually gave me an appointment as a stock packer, saying the printers who were working for him had to deliver the work that they had done at certain places and that he was practically at their mercy, because they might charge him with a certain amount of work which was supposed to have been done and deposit a smaller amount—so far as I recollect, I commenced work on January 10th—the work I had to do was to meet the carman and to ride in his wagon to the various places where the printers had deposited the parcels of printed music every night, to collect them and to take them to the depots where the parcels were made up for despatch for each day's

orders—I saw that the parcels contained pirated music to a great extent, but always music—amongst the places from which I used to collect was a stable yard somewhere near James Street, Bloomsbury, which was called "The Cockpit," a depot at 6, Whitefriars Street, in the basement where a large amount was deposited each night by the printers, another one in Pemberton Row, Gough Square, Fleet Street, which we called "Pemberton's," another one at a coffee house in Gravel Lane, Southwark, another one in a street which I cannot remember in Hoxton, two doors away from a board school, which we used to call "Pope's "—I visited about eight places altogether, I should think—the printer who deposited this music every night would leave a slip indicating the number of parcels that he had deposited and the contents of those parcels—I would take that slip and see that the parcels were there—they would then be put in the van and taken to the depot, where they would be made up into the various orders—from there the bulk of it was sent out by van loads to various railway termini to be dispatched to different parts of the country—in special cases some London middlemen used to come and fetch a few thousands on a hand barrow—this is an account of the wages I paid to these men who were employed there at the time (Ex. 6), amongst them being Grace, Darcy, Dan, who was Frederick Tennant, George Ellis, and John Tennant, another brother of the prisoner—there was another man named "Bill," who it was understood was the brother-in-law of Tennant—I know Tennant, who was called "White Knob," George Wootton, who was called "George, the Carpenter," and Ross, who was known as "Wallace Ross "—Ross had things given him in the name of Andrews, but then was another man in his office named Andrews, so I really do not know which was which—I have seen Puddefoot at Paternoster Row—after I went there Tennant went for a holiday—a few days after I had been there Willetts called me into his private office at 17a, Paternoster Row, where I saw his legal adviser, Mr. Johnson, to whom he introduced me—Willetts told me they were going to start a company, and said, "You see, these constant fines that are being inflicted upon us in the Police Courts are getting too hot; we shall have to dodge them, so we have decided to form a limited liability company. When that is formed there will be no particular individual to sue, and the only thing they can do with as is to apply to the High Court for a compulsory winding up of the company and they will have to pay the whole costs of that. We shall not oppose, and the next day we start another company and keep on "—he did not tell me what business the company was to carry on, but referred ma to Johnson, saving, "Mr. Johnson is a lawyer and he knows all about it, and he will explain to you "; then Mr. Johnson explained to me just exactly what Willetts had already told me, and he said, "We are going to make you a trustee of this business first "—he had a document already prepared for me to sign, which I did sign at his request, by virtue of which I became trustee of the business—I was supposed to have bought the business from Tennant, for, I think, £600—the offices of the company were to be at 27, Clarendon Road, Hoe Street, Walthamstow—Johnson asked me if I would read the manuscript through which

he handed to me, and I read it through—I took very little interest in it—he said, "Now you understand that?" and I said, "Yes "—he said to Willetts, "Very well, we will have it typed, "—Willetts and myself then went and had a glass of beer at a public-house—he said to me, "You are stony broke one day, and now you are a secretary of a city company "—I said, "According to this document I am buying this business off Bill, You do not appear in it at all "—he said, "Oh, no; I must not appear in this at all. That is all right. Don't you trouble "—this is the typed document that I signed (Ex. 146: An agreement dated February 4th, 1905, between Frederick Hymers & James Fisher Co., Ltd., reciting that on December 31st a provisional and preliminary agreement was made and entered into between William Tennant, trading as Fisher & Co., and the said Frederick Hymers for the sale by Tennant of his music publishing business to Hymers as the trustee of the promoters of a joint stock company then in process of registration under the title of "Fisher & Co., Ltd.," the price being£500 for the stock-in-trade, and£100 for the goodwill of the business, total£600)—I never went to Somerset House about this company at all—I see my name as secretary upon several of the documents in this file of James. Fisher & Co., Ltd.—I signed the list of subscribes as the secretary, but all these documents where my name appears are not signed by me—the signature on the application for certificate of incorporation is mine, and I find my name among the names pf the subscribers signing as secretary of the company—article E of the memorandum of association states that the company is to be carried on for the purpose of a music distributing agency and to carry on the business of wholesale publishers and to deal in copyrights and rendering legal assistance to members against whom proceedings were taken for the alleged copyright music—I had not seen Johnson before he was introduced, to me by Willetts—the man who is on one of these documents as "Harry Clifton" I addressed as Andrews—I attended one meeting of the company, which was held in the back room of a tobacconist's shop, 41a, Farringdon Street, Ross's place—the registered address of the company is 24, Clarence Street, Islington—Johnson, Wootton, Robinson, Ross and a man I addressed as Andrews were present—as to the ordinary secretarial duties of a company, I never performed any; I never had any books or anything of that kind;. I only answered two or three letters from customers—there was one book only at this meeting that I did attend, which Johnson took away—I never handled it at all, and what the contents of it were I do not know—I should say the company had no banking account, nor books of account—letters for Fisher & Co. were always addressed to 27, Clarendon Road, Hoe Street, Walthamstow, Tennant's address, and they were brought from there direct to Willetts at Paternoster Row—whilst Tennant was away on his holiday "young Bill," his brother-in-law, used to bring them, but when Tennant was there he brought them—they were opened by Willetts, assisted by his lady typist—about seventy to one hundred were brought every day, most of them containing marked catalogues and music for the supplies required—they also contained postal orders, cheques Or stamps, and Willetts used to call upon his lady typist to draw up a list

of the amounts sent in from each customer, and then he put the postal orders away in a drawer of his desk—he would then send the orders on by messenger to the different depots, where the parcels were made up, and such letters as required to be answered would be sent to me for answering—the remainder of the letters were burnt; there was a daily bonfire-all of the letter contained money, as they all had to be prepaid—there was no list of orders made out—the marked catalogues were sent out, not the letters—somebody wrote on the marked catalogues the address to which the music was to be sent—the reason for sending the catalogues out with no prices was that the retailer could charge what he chose for the songs—after the marked catalogues had been sent out and executed they would be destroyed—it was a fluctuating business, but from the order I have seen they amounted to about £30 to £70 and over each day; that is for orders received by postal orders, not for private cash orders—the price for 100 for small orders like a few hundreds was 9s. for a twelve-page piece of music, 6s. for others, and 3s. for others, and the price to large dealers, middlemen, who would deal with many thousands every day, was 8s., 5s., and 2s. 6d.

New Court, Saturday, January 13th.

F. HYMERS (Further examined). To a large extent Miss West cashed the postal orders, and those that were not cashed Willetts would take to pay printing bills and such like things—this is the stock book that I kept (Ex. 6)—the system was to take one of the catalogues, and cut it up and paste it in this book and by the side of each piece of music to keep a record of the number of parcels of music in stock at each particular depot, and each day to mark off the number of parcels of music that were taken away from that depot, the difference being the stock on hand—the number "6" against the first catalogue under "Stock" means that there were six parcels, of that particular piece of music in hand at that depotparcel represented sometimes 1, 000 sheets of music and sometimes 500—the sheets were unfolded, in the flat—a ream is 480 sheets—if it were a piece of music of eight sheets it would be two sheets to the piece—I kept in this book a record of the stock that went out to people who had ordered from different parts of the country—"Duff' is the name of a depot at Duff Street—"Cockpit" is the name of another depot in Cockpit Yard—"Whitefriars" was at No. 6, Whitefriars Street—"Mann" is another depot, called so because the name of the printer was Mann—it was in Great New Street at the back of Fetter Lane and the depot "Mann" was at a coffee house in Gravel Lane, Southwark, where he deposited the music to be fetched away—the next one is called "Pope "—he had one or two places—this place I went to was in a street in Hoxton, of which I cannot remember the name; there were two places in the same street—there is another depot that I called "Andrews,' the name by which I first knew Ross—his depositories were at 6, Whitefriars Street, Whitefriars, and 3, Pemberton Bow, Gough Square—afterwards I knew the man whom I addressed as "Andrews" as Rosa, and I concluded that the other

man was his partner, therefore I addressed him as "Andrews "—every day whilst I was employed I kept a record at the other end of this book of the payments made to the men—to take a specimen day, Saturday of the first week: "Grace, 3s.; Taylor, is.; George, 4s.; Charlie, 5s.; Dan, 15s.; John, 5s.; Bill, 2s.; and so on; these were men employed to collate the orders, to parcel them up and despatch them—I used to take this to Willetts every time I went to 17a, Paternoster Row, and every Saturday night to get the wages—when I became secretary of the company Willetts told me that if anybody came and asked who was in charge of the particular place I was to say that I was, but I was never inside any of the places when they were raided—I believe it was done by surprise always—every day any reports that had to be sent to Willetts were sent by telephone from the nearest public telephone—in the case of a raid the routine would be to go to the nearest public telephone and 'phone through to him, "The red light is up at" so and so, wherever it might be—I have been at the other end when the message has been sent—as regards the raid at Boundary Row, which was in charge of all these men whose names I have got down as receiving wages, I went out from there to get some change for some gold and as I was coming back, having met Grace, we met Dan, who said, "Don't go near; the red light is up "—we went straight to a telephone office and sent a message through to Willetts at Paternoster Row; Grace conducted the conversation because I was unused to it—these people whose names I have mentioned all gravitated to the Elephant and Castle, Stoke Newington—Wootton came down afterwards from Paternoster Row and told us to wait there some time and we would have a further message—or of these men was sent to Paternoster Row by his direction—I knew that there was a van load of goods coming from Duff Street, Poplar, to Boundary Row just about this time, because the carman who brought the first batch of goods early that morning drove back to Poplar to fetch the other lot—Grace and I intercepted him, Grace saying, "The red light is up. Turn back. You know where to go "—I have been present twice at these meetings in public-houses, on both of which occasions Willetts was present—as to the Boundary Row raid, he made arrangements for us to meet him at a public-house in Thames Street that evening—I there received instructions from him to meet Jack, the carman, at the usual place the next morning, as usual, and he would show me where the fresh place was—I carried out his instructions—I remember a raid at Larkhall Lane about February 15th or 16th, during which week Tennant returned—on the following day I met Willetts and Tennant at the Black Swan—Willetts said that there had been three very heavy raids recently and he and Bill thought that someone had been putting them away; he said, "I am going to send back all the postal orders that we have received this morning and tell them we are going to stop business for a month "—he was going to pay off ail the hands and he suggested that I should get a situation and go away into the country—he said, "Have you got any papers belonging to us with you?"—I handed him a paper with the names and addresses of all these men on it; that is all I had on me—I had taken the names

at his direction on that day; that was the first time I knew their full names—I had a large number of letters I had received at different times, but I had not them with me, and I had the stock book also—I then went to Sydenham, where I remained—he never discharged me; he simply asked me to go away for a month—Exhibits 110 to 119 are letters which came into my possession in the ordinary course of the business to answer (Ex. 110, read: Addressed to Fisher & Co. from 135, London Road Leicester, stating that certain raids had been made on himself and Mr. Sedgley, and that he had not found his parcel at the station in the name of Wynne. Signed "W. Hall "]—sometimes there were instructions in the letters as to what name the parcels were to be sent to—Exhibit 111 is written by Mr. Edwards at Swansea, asking why he had not received 100 "Navaho" for which he had telegraphed 3s.—I wrote a note to Tennant with regard to it, "You will note that this (enclosed) refers to December 24th. Can you trace it? 'Telegraphed' seems to be a bit strange "—I sent that to Willetts' office for Tennant to answer, as he had not gone away then—I think it most probable that I wrote that note on the envelope (Ex. 113, read: Enclosing money for music and catalogues, and stating that it was bad enough for them to pay 2s. 6d. while other wholesalers paid 2s.; that they knew of another pirate king at Leeds who could supply them with songs at 2s. a hundred; that if they were not supplied with all they asked for they would go to Leeds at once. Signed "L. Hurst "]—at the bottom of that is written "Pirate King" in the same writing, and on the back is "35, Broughton Street, A. Brown, 3, Brompton Street, Hightown, Manchester," and a note asking us not to send parcels with the music exposed to view—(Ex. 114, read: Addressed to "Mr. J. Fisher" asking for lowest prices for music, and, "if you are reasonable I can guarantee you a bigger turnover than Jackson, of Caroline Street, Mr. Broughton, and. others in Manchester, as I am the oldest hawker of it in Manchester. Yours truly, P. Wolf ")—Exhibit 115 is a receipt from J. O. Smith, of Leeds, for parcels—(Ex. 116, read: Addressed to "Dear Fisher," and asking him why he had not sent the "stuff" he had ordered; that he had dealt with him (Fisher) before Williams, who had received "stuff" before him, and it was he who had bought the first three cases in Douglas over the "stuff." Signed "H. J. Joyce, otherwise H. J. Murdoch ")—Exhibit 117 is another letter from him from the Isle of Man, asking why his stuff had not been sent—Exhibit 118 was handed to me by Willetts, messenger to check the quantities—it is dated January 13th, 1905, and has on the top "Mr. Tellant" (Read): "Dear Sir,—The following work has been completely delivered this morning: 'Pansy Faces,' "Holy City" and others, "nine series £10 16s. "—on the front of the letter there is "'Flight of Ages' on machine waiting for paper," and "Meet you at Ludgate Hill 12.30 sharp "—on the back in pencil, in Willetts' writing, it, "Ask Jack and Fred if all these have been delivered on Friday night. Let me know on the telephone "—then I put "? Vale. Rest O.K. F. H. "—Exhibit 119 is a list of songs in pencil with, in Willetts' writing, "Harry this week "—the greater part of Exhibit 4, a note book, is in Willetts' writing, but I will not swear to the whole of it—on the front page the

name and address Wootton, 24, Clarence Street, Dant Street, for keys of Hanover Street," and the names in the book "Harry," "Wallace," "Fish," "Puddefoot," "Dickinson," "Robby," "Tub" and soon are all in his writing—Exhibit 5, which is the same sort of book, is in his writing also—I see an entry of "Dan "—the only Dan I knew in connection with it was Frederick Tennant; as to "George," there were two Georges, George Ellis and George Wootton—Exhibit 190 is, I think, written in Grace's writing and also the envelope, which is addressed to "Mr. J. Salmon, Post Office, Charing Cross "—a printed catalogue and envelope of J. Fisher & Co. were enclosed—it was not called for and so was marked "Not called for" and returned through the Dead Letter Office to Clarendon Road (Read): "27, Clarendon Road, Hoe Street, Walthamstow. 13-10-05. Dear Sir,—Your letter to hand, for which we thank you. We regret that owing to circumstances which you will understand, it is just now impossible for us to make appointments to meet our clients in London, but we shall be pleased to forward goods to any address in London on receipt of order by post in the usual way. We enclose catalogue. J. Fisher & Co. "—the postmark on the envelope, showing where it was posted, is "London, E.C., October 14th, 4.0 p.m., 1905. "

Cross-examined by MR. HEAD. I have been engaged as a corrector of the press together with journalism for about seventeen or eighteen years—my profession it is not usual to get characters; it is possible to get one if it is applied for, but so far as I am concerned I never troubled about it—before joining Willetts I was with Wyman's eight months—my wages with Willetts were £2 a week—I left him on February 16th or 18th and the first interview I had with anybody connected with the Prosecution would be with Mr. Goodman in the latter part of July; I have had four or five interviews with him, I suppose—I should say I have met 1 dozen, probably, of the raiders, but I have never given them any information in connection with this case—I never met them before they raided, but since Willetts' arrest—I have discussed the prosecution in general with them—I gave information to Mr. Goodman both before and after Willetts' arrest; I wrote out for him the evidence I have given to-day—I have received nothing for it; on each occasion when I lost time to attend an interview with him I received a small sum—I cannot tell you the amount, but if he had asked me the value of my lost time I have laid something like half a sovereign—I got about £3 altogether—I acquiesced when asked at the Police Court if it was about 30s. or 35s.; they were trivial sums I received, at any rate—when working at Paternoster Row I imagined I was doing something morally wrong—it did not occur to me that I might possibly be standing in the dock; I did not know it was illegal—I have committed no criminal act—I gave information to Goodman because I understood that some action was to be taken, but whether it was a civil or a criminal action I had no idea whatever until I saw the announcement in the evening paper of Willetts' arrest—it was never suggested to me personally that I might find myself in the dock—to the best of my recollection the last time I saw Willetts to speak to was in a public-house in Newgate Street a few weeks before his arrest—I

absolutely deny that I said to him then that I could tell him some thing worth £100 if he would give me £5—when my work with Willetts came to an end the exact words he said to me were, "Have you any papers connected with the business on you?"—I said at the Police Court that he said" on you "—he had absolutely no right to the letters at, my place since they were addressed to "Fisher & Co., Ltd.," and I being the secretary of that company, was the only person who had a right to them—Willetts has never discharged me yet, therefore I maintain these letters are mine as secretary of the company—I do not think I said at the Police Court that I had "preserved" these letters—I said I put them on one side in a cupboard that was very seldom used, and, as far as I was concerned, forgotten, because I was not sure in July and August whether I had those letters by me or not—when I took and showed then to Mr. Goodman they were thickly covered with dust—I took them away from the office in the first place because there was no accommodation there—I never did any work at the office; I had to do my work in these stables at the depots, and they were hardly places which one would choose to carry on a correspondence—they were passed on to me at these depots by Willetts' messenger—I went to Paternoster Row once or twice a week—I took the letters home to answer them—Johnson told me to retain all the letters; previous to that I had burnt them at Willetts' direction—when I got into touch with the Prosecution I remembered them—they had bagfuls of them from me—I did not pick these six letters out myself—I identified Johnson at the Police Court; I have not seen him here to day—he had all to do with the company—he was not the moving spirit at Paternoster Row; it was Willetts who was the head and chief of the place—Johnson was there almost daily and did all the drafting of the various documents and so forth in connection with the company, he was the moving spirit of the company—at the time the company was formed I was at Paternoster Row frequently, so I am able to say Johnson was there daily—when the business of forming the company was concluded there was no more for me to do at Paternoster Row, therefore I did not go there except once or twice a week—my knowledge that the takings of the business amounted to between £30 and £70a day is from having seen and handled the daily lists of the amounts sent in from country customers, and also from the knowledge that two or three London middlemen also had very large amounts and paid cash to Willetts for them; I did not see the actual money—the reason why orders were not fulfilled as to why letters of complaint have been read was just recently to that there had been a raid at Boundary Row—I had nothing to do with the despatching of the parcels; when I arrived at the depot I paid the men their daily money and took instructions from Grace as to what answers I was to give to certain letters; if you will look at the back of the letters you will see my replies.

By the COURT. The parcels as to which complaints were made as not having been received, had been taken by the raiders, therefore they had to get more printed and another set of parcels made up and delivered'

Cross-examined by MR. MORRIS. There was no room at Paternoster

Row to do my correspondence—anything that went on between January 11th and February 13th was done in Tennant's absence—of my Own visual knowledge I cannot say that the letters were brought to Paternoster Row from somewhere else every morning—I only paid the men during Tennant's absence—I did not take his place as manager; there was no system of management; it was all conducted by Willetts by telephone—I ceased to do that when Tennant returned—when I signed the type-written document as to the company I do not believe Tennant's name was on it—Johnson explained to me that he had a power of attorney for Tennant—at the time I signed it Tennant was away, abroad—I was not paying £600 for it; I had not 6d. of my own; I knew I was only a nominee—I did not know Tennant was only a nominee—I did not know the nature of the business between him and Willetts—I did not know how far the property belonged to Tennant—I did not have an opportunity of seeing what Tennant did when he came back—I gave Willetts the list of names and addresses because it was not a company's document, nor my own personal document—I do not know now why I gave it to him—I did not think he wanted it, as a matter of fact; I do not think he used it—very likely he wanted it to hand to his friend, the managing director of the company, who was present, Tennant—so far as I know, he did do so—I suppose Willetts wanted it—I did not know he wanted all the documents of the company—he did not know the letters were in existence, so he could net have wanted them—he was present when Johnson told me to keep all the letters, but I say he had no means of knowing whether I had destroyed them or not—he told me he was going to suspend business for a month and that I was to go away for that time—he said he was going to discharge all the others and get fresh ones—I do not remember whether I said he told me to get a job in the country.

Cross-examined by Wootton. I gathered you were one of the directors of the company from your being one of the signatories of the document and from the fact that you were present at the only meeting of the company at which I was present myself—I did not see you sign and I do not know your writing—I do not know Tennant's writing—the only work I know you did was carpentering at the various depots, such as putting up benches on which to fold the music—when you arrived at the Elephant and Castle tube station you saw me in the telephone box and we went from there across the road to the Elephant and Castle—that was the first time I saw you—most probably I asked you if you were "George, the Carpenter "—I remember you had a lump of wood with you—there was a bench in the shop at Boundary Row that was very rickety, and that might have been the wood for it—you told me that Willetts wanted to see one of the men—I do not think you had any keys of any place—I never saw you at any of the printer's depots—so far as I know, you were only paid for the work that you did.

Cross-examined by MR. WALSH. I had one discussion about the company when Willetts and Johnson were present—Johnson showed me a card with his employer's name, Mr. Angel or Angia, of 10, Swan Street, Piccadilly, with his own name in the corner—the last time I saw him was at Bow Street—he was a plausible sort of man; he told me he had

had a large experience of the formation of companies; I placed myself in his hands—I signed all the documents he put before me after scanning them; I understood them in a general way—some of the papers which purport to be signed by me are in his writing—my only knowledge of Ross is confined to the time when I was with Willetts; we agreed with each other as ordinary acquaintances would—Johnson took charge of the meeting which I was at; he was always very earnest—his anxiety was to get the documents signed and the thing pulled through, and ultimately to get his fees for having them done—I presume it was Willetts who paid him, as he was the only one who had the money—the book which he took at the meeting was signed by those present; I never saw it again—I remember Ross was very timid and he did not like signing at all—we relied, to a great extent, upon Johnson's assurance that it was all in perfectly legal form—I believe it is the practice for dummies to sign the memorandum of association—I was not present when Ross signed that; the signatures were all obtained at different times by Johnson—the meeting consisted of Johnson signing the agreement and ourselves signing this book one after the other—Henry Robinson, who signed the memorandum of association, described himself as a box maker, which at the time, I believe, was correct; he was doing the work of a warehouseman for Willetts at Paternoster Row—so far as I saw, Ross took no part in the management of the company—I never heard him call himself Andrew nor anybody else call him so, and I never heard anybody respond to that name except Clifton or Colbon—I never had his cheques through my hands—I do not know the name in which he kept his banking account.

Cross-examined by MR. JENKINS. I have only seen Bokenham at Pater noster Row on one or two occasions—I used to meet him with a van, on which was "E. P. "—I know "P" was for Pope; that was the name I knew him by—there was another man of that name—I never knew his name was Bokenham until he was arrested—I always addressed him as "Pope "—all the men in this business had different names to their own—the man who used to drive was named Pope—he did not leave off driving the van, and Bokenham did not drive it himself—I used to meet Bokenham with the van, when Pope was driving for two or three weeks' regularly every morning.

By the COURT. One man's name was actually "Pope," and Bokenham was known as "Pope. "

Re-examined. I had no interest in the profits of the business—I took the letters given to me daily at the depots, to answer at home at Johnson's instructions—when I saw him at Bow Street he was one of the spectators at the back of the Court.

Third Court, Monday, January 15th.

HENRY ROBINSON . I am a box manufacturer and have known Willetts over twenty years—I have been in his employment on various occasion, the last time being at 17a, Paternoster Row, last August, having been there from August, 1904—I first entered his employment at 102, Compton Passage, Clerkenwell, late in 1903—he took me on to pack parcels, as I was

out of employment—I had to pack all sorts and kinds of pirated music; I should say it was both copyright and pirated music—Albert Grace assisted me in doing that—Frederick Tennant, known as "Dan," and Anderson, known as "Jack, the Rabbit," are the names of two of the men that I remember assembled the pieces of music to make up the parcels that I picked at Compton Passage—they selected the music to correspond with the orders, and made it up ready for packing—I was only at Compton Passage temporarily, for a few weeks—I heard from various people in the neighbourhood that it had been raided the week after; I do not remember the date—I did not talk to Tennant or Willetts about it, because it was well known—I had been employed there previously to the raid—the next place I went to work for Willetts was at Link Street, Hackney, remaining there six months—those premises were raided on Christmas Eve, 1903—the persons who assembled the music there were Frederick Tennant, "Jack, the Rabbit," "Long John," who was Tennant's other brother, "Young Bill," Tennant's wife's brother, and Grace—that depot was not used after the raid—the next place I went to was Pool Road, Hackney, remaining there three months—those premises were raided on October 19th, 1904—I had been working in the meantime at 17a, Paternoster Row—after the raid at Pool Road I went to Bentley Road, Dalston, which premises were raided on July 17th, 1905—from there I went to George Mews, Holloway Road, which was raided on August 10th, 1905—for about two months I worked for Willetts at Banner Street, which premises were raided on November 15th, 1904—I also worked for him for about two months at Danbury Street, Islington, which premises were raided on September 16th, 1904, I believe—I have not done any work for him since George Mews—when I was working in Paternoster Row in 1904 I attended to the packing and looked after the store room and music—at all the depots that I have mentioned except Paternoster Row there was pirated music—I was with Tennant when he took George Mews from Mr. Ledon, the landlord, to whom he paid the rent—there was a stable at the bottom for horses and a loft up above—Tennant paid one month's rent in advance, 36s.—in connection with those premises I was summoned to show cause why some pirated music should not be destroyed—Mr. Johnson arranged for me to be represented by solicitor and counsel; he told me himself that he would see to it; he did not appear as solicitor himself—I had nothing to do with the arrangement of that, nor the paying of it—I was summoned about August 10th, 1905, just after the raid, and September 7th was the first date upon which I was to appear—it was adjourned from time to time, and it was finally decided on December 1st, 1905, when an order was made against me that the music should be destroyed, and that I should pay twenty-eight guineas costs, in my absence—I was absent because I had had no notice that the case was coming on—I did not see Willetts in the course of these proceedings—I saw him about a week after the order was made, at 17a, Paternoster Row, and I told him that I was greatly surprised to think I had not a notice that the case was coming on, as I had intended to speak the truth, as I had nothing whatever to do with taking those premises at George Mews—he said I had

better see Tennant—I saw Tennant and he told me the best thing I could do was to go and see Mr. Johnson and the other side, meaning Willetts, and see what they could do for me; he would have nothing whatever to do with it—he meant by "the other side" that Willetts took a part in the management of various things which Tennant used to leave to him and that came under Willetts' management—I was told by one of the men that when a place was raided where I was employed to go to a public-house next morning, where I met Willetts and Tennant—I was told with the others to wait for a few days until they got another place to give us something to do, and we were drafted off to this place, wherever it was—Tennant gave me instructions to go to the fresh place; then the same business went on there until that was raided—I became One of the signatories of James Fisher & Co., Ltd.—I did not pay for my share, nor did I get a share certificate—I attended one meeting of the company at Ross's shop in Farringdon Street, at which Ross, Wootton, and Johnson were present—Puddefoot passed through the place; he did not stay there a second—after that meeting the business went on just the same—I took orders both from Willetts and Tennant both before and after this meeting—when I was at Paternoster Row in 1904 and 1905 Tennant used to bring in the money, chiefly in postal orders, and give it to Willetts, that was the same before as after the company—I was paid 5s. a day sometimes by Willetts and sometimes by Tennant, and there was no difference as to that after the company.

Cross-examined by MR. MORRIS. After the raid at 5, Bentley Road, I asked Willetts if he could keep me on—very nearly about that time he said he could not—he told me to look for a place suitable for work in the pirate music line and then he would give me something to do—I found George Mews and told him—I was at Paternoster Row all the time Hymers was engaged there; I do not know what he managed or what he done—I believe he was engaged to look after the stores—the man who paid 11s. for a week for George Mews was the previous tenant and not Tennant—I never paid anything out of my own pocket; I was only a packer—after the raid it was to Tennant I went first, and he referred me to Willetts—at 17a, Paternoster Row, my place was presumably in the shop—when Tennant came down with the money the letters had been opened no doubt at Clarendon Road, his place and the money and letters were brought down to Willetts—whatever did take place with regard to them took place in the inner office, and I would not have a very good opportunity of seeing.

By the COURT. I have seen Tennant frequently hand money over to Willetts.

Cross-examined by MR. HEAD. I have very seldom seen Willetts at any of these depots except Paternoster Row—I have never seen him work at any of them—with regard to being able to say whether a song is pirated or not, I can go so far as to say there was a song called, "The pledge of the British Soldier," composed at 17a, Patenoster Row—when I say I packed pirated music I have no grounds whatever to certify that it was pirated; I do not know whether it was or not—the name of the business carried on at 17a, Paternoster Row was "The People's Music

Publishing Co. "; I have never beard that any of their publications were pirated—I know one of the composers, Mr. Bonner; he was one of the People's Music Publishing Co., I believe, when it was formed, and he used to come and practice on the piano at Paternoster Row—I cannot tell you exactly what Mr. Johnson is; I believe he had the principal management as regards forming Fisher & Co.—he used to frequent Paternoster Row a good deal—after the raid both Willetts and Tennant told me to consult Mr. Johnson; Willetts in particular—I know Mr. Johnson had never got any money on him, and that he has called several times to get some—he had nothing to do with the meetings at public-houses after the raids—Willetts was not present at the company meeting at which I was present—Johnson dominated that meeting—Hymers advised me to become a shareholder of Fisher & Co.

Cross-examined by Wootton. You were only at that one company meeting as far as I know—I never saw you take any active part in printing the music—your work was casual and when you had finished your job you were paid—you never did any more work until you were sent for again—you never gave me any rent—several men paid the rent at Bentley Road; it was forwarded there with the rent book to be paid by anyone who was there—I paid it myself sometimes—it was sent by Mr. Tennant's brother, Dan, with the rent book.

Cross-examined by MR. WALSH. I only saw Ross at the one company meeting—I know Johnson has an office in Burleigh Street—the last time I saw him was about a week after I got the summons for George Mews, in September—I did not see him after the order was made against me; I was disgusted with it—I have been to his office; he has got no name up there—he is an elderly man—he got my signature to the memorandum, saving it was all legal and proper—all I know about him it that he was a friend of Willetts—he wanted to have the whole management of Fisher & Co.—Tennant gave my name when he took George Mews—I wanted work in spite of these raids; I was out of employment—I bad no idea of joining any conspiracy; I did hot know it was likely to be a conspiracy.

Cross-examined by MR. BENNETT. Puddefoot used to print "Nursery Rhymes" for the People's Music Publishing Co.—I had nothing to do with Fisher & Co. beyond signing my name as a signatory, and he had nothing more to do with it than I.

Re-examined. Neither Willetts nor Tennant explained to me the object for which Fisher & Co. was formed—Johnson told me the object was in case of raids, as raiders could take proceedings against the man who was in possession of the premises, but he would be well protected by forming a company—I was in five different places that were raided and I was present, and considerable quantities of music were seized which had no names of publishers upon them and had a different front page to the original—I have noticed several originals from which the songs were copied—it was a frequent thing to put catalogues in the parcels that were sent out and also a printed envelope like this (Produced) with "Fisher & Co." on it.

By the JURY. The twenty-eight guineas costs at the Clerkenwell Police Court have never been paid.

ARTHUR LEONARD FIELD . I am a clerk in the cash department of Dickinson & Co., paper manufacturers, of Old Bailey—I know Willetts and I know Tennant as "Telant "—Willetts used to purchase ordinary printing paper from us in the first place at our counter and then I used to go round to 17a, Paternoster Row, and see him there—the orders were nearly always received by me on the telephone and I used to go round for the money—the paper was usually called for by a carman—from instructions received from him on the telephone on one or two occasions we delivered it—I have seen Tennant once or twice at Paternoster Row—the only time I have seen him at my office was when he was with Willetts, who purchased some paper over the counter—I do not think Tennant ordered any paper himself—how I got hold of the name of "Telant" was that the paper was ordered in the name of "Telant" and I have seen Willetts and Tennant together at Paternoster Row—this is one of our delivery orders (Ex. 37)—these transactions, all in the name of "Telant," extended over eighteen months or two years—there was no name of Willetts or Fisher & Co. in the transactions—this is another of our delivery notes (Ex. 51), and refers to eight reams of paper to be delivered to Messrs. Robson, 35, Kirby Street, Hatton Garden; that was ordered by telephone, by Willetts, to be sent to Robson on the account of Watson, and was paid for by Willetts—this is another delivery order (Ex. 109), which refers to paper, ordered from us for delivery to "Messrs. Harry, c/o Robson & Co., Duff Street, Poplar. "

Cross-examined by MR. HEAD. I have seen the sign "People's Music Publishing Co." over 17a, Paternoster Row—we have supplied paper on account of that company once or twice.

Re-examined. When I went to Paternoster Row for payment I was generally paid in postal orders—the People's Music Publishing Co.'s account for paper supplied was quite independent—the paper ordered by Willetts in the name of "Telant" we used to look upon as a cash transaction, but with the People's Music Publishing Co. we had a monthly account, of which we have a record—we had no record of Willetts' or Telant's account.

By the JURY. I cannot say what names were filled in the postal orders that I received—I left those for our financial department to investigate.

ARTHUR JOHNS . I am the town manager of Dickinson & Co., Ltd., paper manufacturers—I saw a considerable number of postal orders received from Willetts—I may have sat at one end of the counter and seen them being dealt with at the other—I cannot say whether any names were filled in—for the first nine months of 1905 the amount of business we did was £1,734—eight reams would represent £6, so that would mean more than 1, 700 reams delivered—it was all paper of the same class which could be used for printing pirated music—this is very much like it (Ex. 38)—I have seen Willetts at our office and that man also (Tennant).

Cross-examined by MR. PAGE. I have not dealt with any of the other prisoners to my recollection—Bokenham is the only other one that I have

seen—I do not receive the postal orders—Telant would bring in the postal orders and they would be dealt with by Field—I do not think Field is more likely to know how many times Tennant came to the office than I; I saw him a great many times there—when I saw the postal orders being dealt with I was only a very few feet away—people as a rule do not bring is postal orders, but we have a good many of them in the course of business I could not see any writing upon these—I cannot give you any specific amounts that were paid at one time—my evidence is learnt from other people, combined with what I saw—Bokenham has printed samples for us for several years by sight.

Cross-examined by MR. JENKINS. He was doing a genuine and proper printing business from orders given by my firm.

Re-examined. Tennant came sufficiently often to the office for me to have given him a nick-name. [MR. GILL put in the certificate relating to the "Children's Home," Ex. 38.]

CHARLES CONNOLLY GALLAGHER . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House, and produce the file of James Fisher & Co., Ltd.—this document (Ex. 1) is certified by the Registrar and is of the same shape as the original.

Cross-examined by MR. GUTTERIDGE. As far as our knowledge goes, signatures to documents of this description are not often appended by people as dummies.

By the COURT. Very often we find that people who sign the memorandum of association appear only for one share.

Cross-examined by MR. PAGE. This is a notice of change of address to 13, Burleigh Street, Strand, filed on October 18th, 1905, purporting to be signed by William Tennant.

ARTHUR PRESTON . I am employed by the Music Publishers' Association for the purpose of tracing persons employed in musical piracies, and have been so employed for some time past—I was present on June 9th and 10th, 1903, at 102, Compton Passage, when on June 9th over 3, 000 and on June 10th 16, 000 pieces of music were seized—I had been watching those premises for several days previously and had seen Willetts, Tennant, a man named Ellis, called "Tum-tum," and a man named Chapman there—the music seized was taken to King's Cross Road police station and summonses were taken out against Fisher & Co.—I was present when a van was stopped in Lever Street, St. Luke's, on September 29th, 1903, Willetts being in charge of it with another man whom I did not recognise—when the van pulled up at the house "Tum-tum" came out in his shirt sleeves and started unloading—I requested Constable Bradstreet to seize the music, and he did so—I asked Willetts his name and he said, "You know me "—he was asked his name several times, but he abused us and refused it—I then said to him, "You are Willetts, alias Fisher "—he did not answer, but walked away—the van was taken to the station and the music left there—nobody claimed it—I was present at a raid at Pool Street, Hackney, on October 19th, 1904—a week previously I had Seen Tennant, Albert Grace, known as "Long 'un," Frederick Tennant, whom I know as "Dan," John Tennant, whom I know as "Long

John," Anderson, "Jack, the Rabbit," and a van boy, whom I understood was Tennant's brother-in-law, frequenting the premises—237, 728 copies of music were seized, taken to the station and left there; no order was applied for—an action brought by Tennant in respect of that musk is still pending—the next raid at which I was present was at Boundary Row, Walworth, on January 28th, 1905, when about 114, 000 copies of music were seized; no order was applied for and they have not been claimed—on the night of January 27th I was outside when Wootton asked me what I was after and I told him pirated music—he said, "You will find none there. I am the landlord of those premises and I forbid you to touch them "—I asked him to let us in and he refused, saying, "I have got the keys," and he walked away—later in the evening I saw a man, whom I know now to be Johnson, come and put an extra lock on the door—Wootton was with him—Johnson said to Abbott, who was by my side, I believe in Wootton's hearing, that he represented his clients, Fisher and Co., and said something about taking an action against Abbott if any forcible entry was made—on January 31st I was present at a raid at Ormond Yard, Theobald's Road—we could not get in for an hour and a half—on getting inside we found Grace, Frederick Tennant, and John Tennant and about 200, 000 copies of music torn in half—there were also several thousands of songs, of which the copyright had run out, not torn up—while we were waiting to get in, "Jack, the Rabbit" drove up with another man in a van containing 11, 000 copies of pirated music which were seized and left in custody of the police, no proceedings being taken—I was present on July 27th, when a raid was made on Bentley Road, Dalston, when 287, 000 copies of pirated music were seized—while waiting to get in, Bokenham came up and spoke to me with another man named Pope, a carman—he let himself in with a key—he said that we could have what there was in the bottom stable, but the upstairs did not belong to him and we should not be allowed to touch that—we found the pirated music both in the stables above and below, and there was also some in a van locked up in the coach-house, on which was the name. "Pope, 4, Stafford Mews "—we had to persuade Bokenham an hour and a half before he would let us in—an order was applied for at the North London Police Court against Wootton and the music was ordered to be destroyed—on various dates before and after the raid I saw Tennant come in and out of the yard at the back of those premises—I was present on August 10th, when George Mews, Holloway, was raided, and about 112, 000 copies of music were seized—a summons was taken out against a man named Robinson, who was on December 1st ordered to pay twenty-eight guineas, or one month, after about seven remands—music was ordered to be destroyed—Robinson opened the door to us on that occasion, and later on Frederick Tennant and "Jack, the Rabbit," arrived, all of whom I had seen frequenting the premises—I sent agents to raid the printing works of Dobson & Co., Cazenove Yard, on August 17th, but I was not present—when watching those premises previously, I had seen Bokenham and Clark going in there—the name of the business is up, "Dobson & Co.," and there is also a plate above that, which I saw at a later date with the

name of Bokenham on—on August 18th he rang me up and said that no doubt I had heard of his being raided, and asking me to make an appointment to see him, which I did—I saw him the following Monday at the Castle public-house with Clark, his partner—they wanted to know how I might avoid taking the summons against them for the destruction of the music, because they had not any money; that they were working for the "Colonel" and he would not help them out of their trouble, and that if I insisted on the summons, as they had not any money they would have to do time—I told them I would lay the matter before my superiors and let them know later—I did so, and no proceedings were taken against them—before Bokenham left he said they were going to see Willetts; that there was going to be a b—row and he would like to see Willetts lose his lot—on their leaving I pointed them out to Wilson, an agent, who followed them—I was present at a raid on August 23rd at Duff Street, Poplar when over 6, 000 copies of music were seized, which were left at the police station, and remained there unclaimed—on the next day Bokenham rang me up and asked me about the raid at Duff Street—he said, "I hear you have done Harry "—I said, "Who is Harry?" and he said, "You know; Duff Street "—he inquired how many jiggers we had got, and I told him I did not know, as I had not counted them—he asked me why I did not say it was coming off, and I replied, "I did not know it was coming off so soon," and asked him if he had seen the "Colonel," meaning Willetts—he said, "Yes, and serve him b—well right "—I was present at a raid on September 1st at 39, Featherstone Street, the place of Bond, a printer, when 260, 000 copies of music and twenty complete sets of blocks were taken to the station and detained there—the blocks were given to Chappell & Co.—no summons was taken out—a few hours previously to this I was present at a raid on the Earl Printing Works, Earl Road, Bermondsey, when I saw "The Long 'un" and Dan and several other men whom I did not know—previously to raiding the premises we seized a van load with 15, 000 copies of music that was coming away from the Earl Printing Works—we then seized at the works 75, 000, and a number of catalogues and printed envelopes—on September 29th I was present at a raid at 34 and 35, Kirby Street, where 9, 000 copies of music were seized and taken to the station—no summons was taken out—on October 7th I was present at a raid at Milton House, East End Road, Puddefoot's premises, where some 2, 300 odd copies of pirated music were seized and five sets of blocks—Puddefoot and Donovan, who was printing "Ring Down the Curtain" and "Rainbow," were present—this is a printed schedule of music, which was found at different depots (Ex. 107) made by me, in the first column of which there are names of a number of songs of which these are the certificates of the copyrights (Ex. 65 to 106, produced)—the list relates exclusively to the songs of Chappell & Co., about 300, 000 copies.

Cross-examined by MR. HEAD. It is a list of songs with the approximate number found at each of the raids I have mentioned—the first raid at Pleasant Grove, mentioned in the list, I was not present at; I only speak as to those at which I was present—when we make an application we attach a blue list to the order and also the information—when the order

is granted the blue list is taken by the officer to execute the order and he works from that list of songs—it is a full list of copyright songs, so that the officer knows which is pirated—as the songs are found the list in marked with the number found, and that is produced at the Court when the deferdants are summoned to show cause why the music should not be destroyed; we then prove the copyrights—we never carry away songs at raids that turn out to be legitimate—I did not say at the Police Court that we once took away 10, 000 copies of music to which it was afterwards ascertained we had no claim; I said I left about 10, 000 copies of "Himalaya Maid" at Finchley—I cannot say there are other people engaged in piracy other than the prisoners—I have met a lot of their friends at times—I did know the name of Penny & Co.—they were engaged in piracy business years ago—after Chappell & Co. obtained an injunction against them, eighteen months ago, they ceased business—he was what we call a door-to-door man; not a wholesale man—I have never spoken to Willetts in my life—I do not know anything about the practice of registration—I have been engaged in the musical world twelve or fourteen years—I believe Francis Day & Hunter brought out a 6d. edition of music as long as twenty or thirty years ago, which has since been pirated—the 6d. edition is sold in the street as cover for the piracy—you can buy perfectly legitimate music for 1d.—I cannot say about it being copyright—the 6d. edition of Francis Day & Hunter is copyright, and they are sold sometimes by hawkers for 3d.

Cross-examined by MR. BENNETT. At Puddefoot's premises we left about 10, 000 copies of legitimate music behind—the number of pirated music seized is the smallest number I have given in the raids I have mentioned to-day, but not the smallest number in all the raids I have taken part in.

Cross-examined by MR. JENKINS. Bokenham told me he would not get paid by Willetts for the music which had been seized, but that was not his chief complaint—this was after August 21st, when I had an interview with him and Clark in the Castle public-house—on August 21st he made out that he was wild with Willetts, but I did not believe it, because I saw him in company with Willetts a few days afterwards, drinking—he was working with him the whole time and going on with this business—I do not know that he issued a writ against him.

Re-examined. Bokenham told me he would give up printing copy right music, and now that he had lost his lot Willetts would not give him any further work—later on he told me that he had seen Willetts, who had asked him to find a fresh place to go on with, but he had not done so—I thought he was sincere at first, and that is why I endeavoured to stop the summons against him—while these proceedings were going on at the Police Court he was printing pirated music—about 75 per cent. of Francis Day & Hunter's 6d. edition of songs has been pirated.

EDWARD BRIEBACH . I am employed by the Musical Publishers' Association for the purpose of the apprehension of persons dealing in distributing pirated music, and have been present at some of the raids that have been made at premises where pirated music was found—I saw this man [Johnson was brought into Court] at the raid at Boundary Lane, Walworth—he was present with Wootton—I was present on December

14th, 1903, when a raid was made at Pleasant Grove, Islington—from my observation, Willetts and Tennant visited those premises the week before 45, 000 copies of pirated music were soiled and retained by the police, no claim being made upon it—on December 24th I was present it a raid on some railway arches in Link Street, Homerton, when Willetts and Tennant, Robinson, Grace, Tennant's two brothers and a number of others frequented that place—74, 000 copies of music were seized—proceedings were taken against Willetts in the name of Fisher, when there was an order for music to be destroyed and an order for costs—Willetts was present and the money was paid into Court—I was present on June 8th, 1904, when a raid was made on Wainer Street, Clerkenwell—I saw Grace, Anderson and one or two other men there—about 150, 000 copies of music were seized—on August 30th, 1904, I was present at a raid made at Turnagain Lane—Puddefoot entered just before we left—we seized about 60, 000 or 70, 000 copies of music—on September 16th, 1904, I was present at a raid made at Danbury Street, Islington—we knocked at the door, which was eventually opened by Tennant—112, 000 copies of music were seized—I have seen Robinson, Grace, and Dan in connection with those premises—I was present on February, 16th, 1905, at a raid made at some premises at Larkhall Lane, when Robinson, Grace, Tennant's two brothers, Anderson and Ellis were present—315, 000 copyright of music were seized—this is a list of a large number of pieces of copyright music, against each of which is the approximate number found in each of these raids.

Cross-examined by MR. HEAD. When I went on these raids I had a blue list, from which I knew which was copyright and which was not.

HERBERT GURNEY COOPER . I am employed by the Music Publishers' Association to trace persons producing and selling pirated music—on June 1st, 1904, I was present at a raid on 27, Newbury Street, Cloth fair when 109, 000 copies of pirated music were found—Grace, "The Soldier Boy," who was John Tennant, Dan Tennant and some others whom I do not know, were on the premises—on July 19th, 1904, I was present at a raid made at 71, Essex Road, when a quantity of pirated music and blocks were found—on September 22nd, 1905, I was present when a raid was made at Turnagain Lane, Puddefoot's premises—I saw a van leave the premises, from which 13, 000 copies of music were taken—I had previously seen some parcels put into it—I bought a 1s., postal order from Bond for 1s.

Cross-examined by MR. MORRIS. Before I was employed as a tracer I was a clerk in Regent Street; I had no previous experience as a detective—I made notes of any conversation I heard that was of importance—I was present at a conversation which took place between Abbott, Goodman, and Puddefoot, of which I made a note—I did not show it to Abbott—I made a report on a sheet of foolscap—I believe it was Abbott who asked Puddefoot if he knew Willetts or Tennant—I did not make a note at the time—I wrote down afterwards all I remembered of what had taken place—I showed the report to Mr. Goodman.

Cross-examined by MR. BENNETT. It was a fairly long conversation—Abbott

asked Puddefoot where the blocks were and he said they were not on the premises; they had been taken away—I made a note of that when I got back, not as being important, but as what I remembered—he said they were not his, but the property of the man for whom he did the printing, and that all he had to do was to print from them—I saw Mr. Goodman's report, but I do not think I ever saw Abbott's—I heard Puddefoot say he did not know what music was copyright—Abbot reminded him that a quantity of pirated music had been seized from him twelve months previously, and also that he had been prosecuted and paid costs at the Guildhall; that he had also delivered up some pirated music blocks to him (Abbott) and had promised not to print pirated music again—there was no publisher's name and address on them to show they were copyright; there was an absence of them to show they were not copyright.

JOHN ABBOTT . I am employed by the Music Publishers' Association for the purpose of assisting in tracing people engaged in dealing with pirated music—on November 15th, 1904, I was present at a raid made at 59, Banner Street, St. Luke's—at that time I saw Willett and Tennant in conversation about fifty yards away from the premises—Frederick Tennant, John Tennant, Robinson, Grace and John Anderson were on the premises—we had to wait about an hour before we could get in—about 168, 000 complete copies of pirated music were seized and we found a large quantity destroyed—on December 6th at the Police Court Tenant told me that he was not present at that raid; he said he had had a telegram that the red lights were up, but that he did not know which place, and he threw the telegram in the fire—I was present on January 28th, 1966, at the raid at Boundary Row, Walworth—I saw Wootton and Johnson there—I had a conversation with Johnson by himself at 4 p.m.—on January 27th I had a conversation with Wootton and Johnson outside those premises—Wootton apparently pointed me out to Johnson and Johnson came and asked me my name—I refused to give it and asked for his name—he told me he was representing James Fisher & Co., Ltd. to whom the premises belonged—before he spoke to me he put another lock on the door—on January 28th 119, 000 copies were seized—on September 27th, 1905, I went with Mr. Goodman to Turnagan Lane and with Cooper, one of my colleagues—I saw Puddefoot and told him we had got some information as to music being printed there and asked him to hand me over the blocks—he told me the blocks were not there—he said he had been printing some music, but he did not know that it was copyright; the work was brought to him to simply machine it—I asked him if he had taken any trouble to ascertain if it was copyright and told him it was his duty as a printer to take care—I asked him for whom he was printing it and he said, "You know as well as I do "—Mr. Goodman said, "Oh, yes; Fisher & Co., is not it?" and Puddefoot said, "Yes "—I asked him if he knew Willette and he said, "Yes "—I asked him if he knew "White Knob" and he said, "No, I don't know whom you mean "—I said, "Well, do you know Tennant?" and he said, "Yes "—I said, "Tennant is 'White Knob, '" and he said, "I did not know that "—I

said, "Do you know that Willetts and Tennant are Fisher & Co.?" and he said, "Yes "—he said the man for whom he did the work supplied the paper and the blocks—on coming away I saw Ross in Farringdon Street—he asked me what I was doing there, and I told him I had just been to Puddefoot's—he said, "What are you alter—the jiggers? "—I said, "Yes, do you know where they are?"—he said, "Yes, they are in the yard opposite to Puddefoot's place "—Mr. Goodman was with me at the time.

Tuesday, January 15th.

J. ABBOTT (Further examined). Looking at this block (Ex. 54a), I see that it has been used for printing page 5 of "Sleep and Forget" (Ex. 54), because there are certain defects on the block which appear on the printed copy.

Cross-examined by MR. MORRIS. I have been engaged in this work since October, 1902—I would not want to be known as. a watcher or I might be forestalled; we want to keep ourselves unknown from the people as much as we can—I was known to Tennant before December 6th, when I talked to him, so there was no object in my keeping myself away from him; I first met and spoke to him at Link Street on the Christmas Eve of 1903—I then made notes of what took place with Puddefoot, Cooper, and Mr. Goodman—I saw Mr. Goodman's notes afterwards—I made mine the same evening at home.

Cross-examined by MR. HEAD. One of the objects with which I gave evidence before a committee was to get piracy made criminal, but we have not been able to get that law passed.

Cross-examined by MR. WALSH. When Ross told me where the blocks were he said, "Don't go straight from here; I do not want it to be known that I have told you. I have given the business up "—he told me he was surprised to hear that Puddefoot was at it; that he thought he had given it up—I had told him that music had been seized at Puddefoot's premises—I drew the conclusion that Puddefoot had told him that he was going to give it up—I have been working for Francis, Day & Hunter, who are members of the Music Publishers' Association—Mr. Day paid several visits to Ross and he told me that Ross had handed him over some plates for which he had given a receipt—the only time I went with Mr. Day, Ross allowed me to go downstairs to see if there was any pirated music on the premises, 41a, Farringdon Street; there was no concealment on his part—I do not remember Mr. Day saying then that he could get an injunction against him to stop it—Ashdown, Ltd., are not members of the Music Copyright Association and I am not certain if they are members of the Music Publishers' Association—I do not know that at this time in the autumn of 1906 Ross was having a song, of which he had the copyright, sold for him by a firm of musical publishers.

Re-examined. Puddefoot's premises are two minutes' walk from Ross's premises in Farringdon Street—Puddefoot said the blocks were a considerable distance away; he said, "They are not in the neighbourhood; they are miles away "—some of these men, including Ross, knew me perfectly well by sight—Ross said, when he met me, "Hullo, Me. Abbots, what

are you doing down here? I thought you had given up seizing copies "—as a matter of fact that was the first time I had been in any raid since January, and this was September 27th—I said, "No, I still take an interest in it. "

Cross-examined by MR. BENNETT. The other men had as good an opportunity of hearing what Puddefoot said as I had—the best of my memory is that Puddefoot said the blocks were miles away—I did not see Mr. Goodman's note before I sent in my report; I had a copy of it by post—I do not remember seeing it until November 20th.

E. BRIEBACH (Further examined). About 3, 500 copies of "Sing Me to Sleep" were seized at Turnagain Lane on August 21st, 1904.

FRANK MABE . I am employed by the Music Publishers' Association—I was present at the raids on Bentley Road on July 17th, 1905, and Cazenove Yard on August 17th, 1905—the approximate number of copies of music seized at those raids is included in Exhibit 107—in addition to those in that list there were other songs seized including one called "For all Eternity "—I was present on August 1st, 1905, when the Bentley Road case was being dealt with—Wootton did not appear—Johnson left the Count and after going through some streets went to the Norfolk Arms, Sandringham Court—he had been sitting at the solicitors' table taking notes of the case—I then saw Bokenham come out of that public-house and call a cab, which came up to the public-house—I did not see who got in, as I went away for a few minutes—on my return I went into the public-house and saw Johnson talking to Willetts at the bar—another man came out of the next bar, whom I believe to be Wootton, but I cannot swear positively that it was he—on November 1st, the day when Willetts was arrested, I saw Bokenham go into 17a, Paternoster Row—previously to his going in he asked me if I had a warrant for his arrest and I said, "No "—on November 23rd I was watching the premises at Cazenove Yard, when I saw Bokenham come out—on June 27th, 1905, I was watching the premises at Duff Street, Poplar, which were subsequently raided, when I saw a van drive away—I followed it to St. Paul's Churchyard, when Bokenham got out and went into 17a, Paternoster Row—I saw parcels in the van of the shape and size of music—after Bokenham got out, the van was driven into Newgate Street—Bokenham rejoined it in Giltspur Street, when it went to Dickinson, paper merchants of the Old Bailey.

REGINALD GUY . I am employed by the Musical Publishers' Association—I was present on August 10th, 1905, when there was a seizure of pirated music at George Mews—we found several copies of this printed catalogue (Ex. 3)—amongst the pirated music were several copies of this typewritten circular letter found—it is addressed from 27, Clarendon Road, Hoe Street, Walthamstow, and the note at the end is: "J. Fisher & Co." (Ex. 120, read: Quoting prices for selections and catalogues, and stating that the above address was for letters only)—there were also found several copies of this circular letter in imitation type from the same address with the same name at the bottom and dated June 28th, 1905 (Ex. 121, read: Stating that they had heard some persons were sending out circulars stating that they were able to sell goods at

a lower price than they were charging; advising to be very careful before sending them any money, as they happened to know they were supplying the goods at the same price that they were paying them (Fisher & Co.) for them; that in order to keep their (Fisher & Co.'s.) catalogue up-to-date they were always prepared to put in hand at once any new song that customers might require on receipt of an order for not less than 500 copies and an original copy of the piece required; and that there was no truth in the report that they were no longer in business).

Cross-examined by MR. JENKINS. I stopped Bokenham's van on August 17th and found pirated music in it—I stopped it on a subsequent occasion, it might have been October 25th, when I found some butter paper, glass paper, and some bags of rubbish—there were 500 or 600 margarine wrappers, but no pirated music.

By the COURT. Bohenham said on that occasion, "We have done you this time. We knew you were about and we got this up especially for you. "

CHARLES MAFFEY . I have been two years and eighteen months in the employ of the Musical Publishers' Association—I was present on August 17th when Cazenove Yard was raided—it was a business carried on in the name of "Dobson & Co. "—when watching those premises I saw Bokenham and Clark go in and out—on this raid I found this envelope, "Mr. Bokenham, c/o Mr. Dobson, Waverley Works, Cazenove Road, Stoke Newington, N." (Ex. 122), dated August 8th, 1905, containing some marked catalogues of copyright music and this letter written in pencil from 27, Clarendon Road, with no signature (Ex. 124, read: Addressed to "Dear Mr. B.," directing him to have these looked out and to meet "Screw of Shag" on the following Wednesday at a certain place; to get on the telephone as soon as he had settled with "Screw of Shag" and let them have supply of those marked and a complete list of the stock-in-hand)—the envelope, which was open, with the contents I handed to Mr. Goodman.

F. HYMERS (Further examined). Exhibit 122 is in Grace's handwriting, as also is Exhibit 124.

C. MAFFEY (Further examined). I have a brother named William Maffey, who was formerly in the service of the Musical Publishers' Association, but was discharged about seven months ago—these original telegrams (Exs. 58, 59 and 60) are in his writing—I should not think he was in the service in October, 1905—he had been in the service about four years.

CALEB CARTEL . I am a retired inspector of the Metropolitan Police and in June, 1903, I was employed by the Musical Copyright Association in obtaining information about pirated music—I was present on June 9th and 10th, 1903, at two raids at Compton Passage—I had been watching those premises, when I saw Willetts, whom I knew by the name of "J. Fisher," frequenting there—an order was made in connection with that raid for the music to be destroyed and £5 costs for each summons against J. Fisher, who did not appear—that order was served upon Willetts in my presence, I having pointed him out to the warrant officer in Middlesex Street, Whitechapel—he said, "I am not fisher; my name is Willetts "—I said to the officer "This is the man we know as Fisher, although we know his name is Willetts "—he then accepted service of the order and said "When you prove I am Fisher I will pay "—a week or two afterwards I saw him pay the money into Court.

GEORGE BRADSTREET (376 G.) I was called by Preston to a van in Lever street on September 29th, 1903—that van was seized with its contents—I believe Willetts was in charge.

Cross-examined by MR. HEAD. I am not prepared to swear that it was Willetts.

Re-examined. I heard Preston speak to the man whom I believed to be Willetts.

By the COURT. It is over two years ago, and it was after dark.

GEORGE WILSON . I am employed by Messrs. Chappel and Co., Ltd, musical publishers of New Bond Street—on August 18th, 1905, I was waiting outside the Castle public-house, Oxford Street, under the directions of Preston, who was inside—I saw him talking to Bokenham and Clark there—when they left him I followed them until they went into a public-house called the King's Head in Cannon Alley—from outside I saw they met Willetts inside and they talked together—Willetts and Bokenham then left and went to a house in Paternoster Row of which, I do not know the number.

HORACE JOHN TYLER . In May, 1905, I applied to Mr. Williams at No. 5, Bentley Road, with a view to taking some premises at la, Bentley Road—on the following day he introduced me to Wootton as the person who had taken those premises—I spoke to Wootton about his sub-letting one portion of them to me and he said he himself was not in a position to say either one way or the other, as he was not quite sure if he could let the premises at all, and if he could what portion he could sub-let to me; he said it was more than he himself dared do, as he had to consult his partrer—he did not at any time say who his partner was—when introduced to me he was standing on the tail board of a van backed into the yard—the tail board was immediately underneath a trap door into the loft—he came off the tail board to speak to me.

Cross-examined by Wootton. It was a small pony van—I did not see you doing anything—the trap door would not be as high as 16 feet from the ground; it would be about 12 feet to 12 feet 6 inches—standing on the tail board it would be possible to lift a small parcel up and throw it through the trap door—if the tail board were 3 feet from the ground, and you were 5 feet and your reach another foot, that would leave about 2 feet to spare.

AUGUSTUS CHARLES. TAYLOR . I am a licensed victualler and am the proprietor of the Lion and Lamb public-house, Aske Street, Hoxton—some months ago Wootton used to frequent my public bar in the morning very frequently—I read about this prosecution in the paper and in consequence of something I had heard I said to him, "Have you had anything to do with this?" and I showed him the report in the newspaper—he said, "Yes, I have had something to do with it, but I am now working down in Bartholomew's Close in the building line—I knew he went by the name of George—I have seen people who came to the house speak to him—I then said, "It is a very serious thing; have you done any of this business in my place?" and he said, "Yes, I have done a little, but it has been behind your back "—I did not know

my house was being used as an address until a detective came and showed me this card (Ex. 187) last Saturday morning.

Cross-examined by Wootton. I have never seen you sell music in my house at any time—you have used my house for about five years—I have never seen any of the other prisoners in my house at all.

Wootton: "I go in there now. As a matter of fact I was out of work at the time and we were going to make a start with this music. I was advised not to do it and we only had 100 of these cards printed. They were all tore up and it is a wonderful thing to me how this card came into circulation at all. "

EDWIN MATTHEW GOODMAN . I am a director of Chappell & Co., Ltd., music publishers, of 50, New Bond Street, and have been connected with the business for a great many years—the company is a member of the Music Publishers' Association and are prosecutors in this case—they are owners of a great many copyrights and are owners of the copyrights of these songs in this list (Ex. 107), the certificates of registration of the copyright of which have all been produced—we register a song when we think there is any danger of piracy and before taking action—in recent years we find directly a song becomes popular it has been pirated, which results in an enormous loss to ourselves and the composers—in most cases the composer has a royalty, and in some cases the author of the words also—in the majority of these songs in this list (Ex. 107)—royalties are paid to the composers—in other cases we have bought the copyright out and out—we have never given consent to the printing of these pirated copies of our copyright songs, nor given authority to any of the prisoners to so print—on August 22nd, 1905, five days after the seizure of pirated music in Cazenove Yard, Bokenham called upon me with his partner, Clark, at 10, New Bond Street—Bokenham said he called with reference to the seizure and wanted to know whether it was possible for the prosecution not to press for costs on their undertaking not to further pirate copyrights—I said we should have to consider the matter, and the upshot was that we would not press for costs, provided we were satisfied that he did not further infringe our copyrights, and he said he would not do so, in consequence of which we abstained from asking for costs—on September 27th I went to Turnagain Lane, Puddefoot's premises, with Abbott and Cooper—there was then a conversation, principally between Abbott, myself and Puddefoot—I spoke to him rather sharply about the pirated music, as he had already been found guilty and had to pay costs in addition—I told him I was surprised to find a man in his position as a master printer engaged in such a nefarious and illegal trade—I also told him the object of my visit was to demand the plates from which he had printed the pirated music seized that morning—he said they were not in his possession, but that he had sent them away just previously—we had a general discussion about this illegal trading and eventually at the end of a somewhat long conversation, he admitted that he was very sorry to be found engaged in such a business and promised never to do such a thing again—first of all he wanted to suggest that he did not know it was pirated music, but when he was reminded that he

had previously been found guilty of similar unlawful acts he did not argue any further, but admitted it—the same day I went to a yard opposite Puddefoot's premises in charge of Perrett and there found blocks, several of which were blocks of our and other owners' copyrights—the blocks of other owners were handed to them—I learnt they were there from Ross—there was found at Cazenove Yard a block from which the pirated copy of the "Orchid" selection was taken—this is a specimen of the copyright copy (Ex. 52), and comparing that with the block, I find inaccuracies and defects which appear both in the copy and the block—this is our authorised copy of that song, on which appears the publisher's name and the author's signature (Produced), and this pirate Dears no such name or signature—this envelope addressed to Mr. Bokenham (Ex. 122) was handed to me open by Maffey—I found it contained a printed catalogue (Ex. 123) and this letter (Ex. 124, read).

Cross-examined by MR. HEAD. The company was incorporated on December 7th, 1896—I take that date from you—the original firm of Chappell & Co. began ninety-four or ninety-five years ago; I commenced with them in 1886—the Musical Publishers' Association had a great deal to do with the promotion of the Musical Copyright Act, 1902, and I think the object in promoting that Act was to make piracy criminal, which attempt has failed up to the present—we were interested in the Departmental Committee on the question of musical piracy—I did not give evidence then—it was hoped that as a result of that, piracy would be made criminal, but that has so far failed—Willetts gave evidence before that Committee—in certain cases the authors of songs had lump sums paid them, and in the majority of cases with regard to popular songs—piracy would affect the composer, because his commercial value is decreased—the net selling price of our songs is 2s.; it does not matter whether it is a four or eight page song; at the stores they are sold at a discount the same as a book—we allow a trade discount—the purchaser has to pay 1s. 4d. to 1s. 8d.—the Musical Publishers' Association is not a kind of ring to keep up the prices, nor is there any agreement amongst some of us not to sell under a certain price—I must refuse to say the lowest price we sell to the trade—I know Francis, Day and Hunter have started a cheap publication—I have heard the phrase "No. 2 Market," but I do not understand it—I must refuse to say what royalty the composer gets from us [The COURT ruled that this was immaterial]—he hands us his manuscript and gives a receipt for the money he receives—I do not produce those receipts—you asked me to produce them at the Police Court, and I still refuse to do so—we have not brought any civil action against Willetts to test the validity of our copyright; we have had no communication with him.

Cross-examined by MR. MORRIS. I know W. H. Broome & Co., who have carried on business in Holborn for a good many years—for twenty years they have sold some of their own copyright music at 2d—they are too respectable, of course, to pirate copyright music—theirs is a different style of business to ours, I believe—he buys from us and sells for himself; he does not publish any of our songs—we have nothing to say against

his selling and publishing songs at 2d.—he does not sell ours at 2d.—it may be he has an entirely different market to ours—this is decidedly, not the kind of paper we printed our music upon (Ex. 38)—I should not think this pirated copy would find its way into Park Lane—if I may say so, no respectable person buys pirated music.

Cross-examined by MR. GUTTERIDGE. I know Messrs. Ashdown, Ltd., of Hanover Square—it has not come to my knowledge that Ross published a long through them about September 27th, 1905.

Cross-examined by MR. CURTIS BENNETT. The raid on Puddefoot's premises in August, 1904, was what I referred to when I reminded him that he had been previously found guilty—Abbott and Cooper would have as good an opportunity of hearing all that was said on this occasion as I had—I cannot say positively that I showed my report to Abbott two or three days after; I mentioned the purport of it to him—I am positive I showed it to Cooper—I think I said at the Police Court that I mentioned the purport of my report to Abbott (Extract from witness's deposition read: "I showed my report to Abbott within two or three days of the conversation before I sent it off to Mr. Becher ")—I have thought over it since I gave my evidence at the Police Court to clear it up in my mind—I do not think I saw Abbott's—I think Mr. Becher read it to me at his office—I said at the Police Court to the best of my belief I had seen Abbott's.

Cross-examined by MR. JENKINS. Chappell & Co., Ltd., instructed the solicitors in this prosecution through their Board—I was not the mouth piece altogether—I have certainly had many interviews with our solicitors—I know many Martins in this piracy business—James Martin has never been in our employ—a Mr. Martin called upon our solicitors; I cannot say his initials; I simply understood that it was a Mr. Martin and it was not his proper name—he professed to give some information as to pirated music depots—the solicitors discussed the matter with him and they can inform you of the arrangement come to—generally speaking, the arrangement was in consideration of his giving certain information, his services would be recognised, but I have not the particulars of that recognition here—he came forward as many others have done and offered to give information for £50—I handed him over to our solicitors, who promised to give it to him if what he promised to do was forthcoming, but that has never been done and he has not been paid—we had a perfect right to do that—that was almost an isolated case.

Re-examined. He volunteered to give information of placet where we would find not less than a quarter of a million copies—we, nor our solicitors have never paid a single farthing to any one of the witnesses who have been called for the evidence which they have given—even Broome & Co.'s cheap 2d. music has been pirated and sold for something less than 2d.—they buy music from us and sell it at the regular price—we sell music from 1d. upwards—I do not think any of our cheap editions have been pirated.

CHARLES AUGUSTUS BOLTTLER . I am a partner in the firm of Gould & Co., music publishers, of 21, Poland Street—that firm is the proprietor of a song called "For All Eternity," the copyright in all countries of which

they purchased at an auction sale for £2,240, and I produce a certified copy of the registration of that song—for a time it was a great success until it came to our knowledge that it was being pirated, when the sale was very materially affected.

Cross-examined by MR. HEAD. We have been established seven years—according to the certificate Robert Cox & Co. were the proprietors of that song—I do not produce the receipt for this song.

Cross-examined by MR. MORRIS. The date in the certificate of the publication is July 3rd, 1891—we bought it from Cox & Co. in November, 1898—during the seven years intervening it had been sung by various well-known people—I had been with Cox & Co. before I Joined Gould & Co. and I knew all about that song, and I advised Gould & Co. to buy it—when a song of this kind has been on the market for seven years its circulation does not go down; on the contrary, the first year we had it the sale increased 50 per cent.—Cox & Co. did not go into liquidation; Mr. Cox wished to give up his business, but I cannot say for what reason—he was attending to the business for the last years just as closely as he did from the first—I was very intimate with him, so I know—he wished to retire—we paid for the song in cash by instalments.

Cross-examined by MR. GUTTERIDGE. There is an assignment of that song from Messrs. Cox to our firm in writing—I do not think I said at the Police Court that no writing passed except a receipt—the original assignment from the composer to Messrs. Cox was handed to us—there is no assignment from them to us except the receipt and an agreement in writing as to payment—I decline to produce that receipt or assignment.

Re-examined. I was with Cox & Co. twenty-six years and they put chased this song from the composer while I was with them—Gould & Co. purchased the song at the sale of Mr. Cox's property—Mr. Freke Palmer acted for them in the matter—I have myself seized off the streets pirated copies of it—in about 1902, when I saw the pirated copies, I took the trouble to register it—in the course of the raids considerable numbers of this song were seized—at the end of the year, when we found it was being pirated, on taking stock we found a considerable falling off in the sale of it.

WALTER JOHN REYNOLDS . I am the principal partner in the firm of Price & Reynolds, music publishers, of Berners Street, which firm I founded towards the end of the year 1900—we published a great number of songs, but it was two years before we had our first success, "Looping the Loop with Lucy "—previously to that we had published over a hundred songs, which involved considerable expense—"Looping the Loop with Lucy" was published in October, 1902, and we registered it at the beginning of January, 1903; this is the certificate of registration (Ex. 125)—we expended a considerable sum of money in advertising it, and for a short time there was a very good sale for it indeed—it came to our knowledge that it was being pirated and I saw the first pirated copies on January 10th, 1903—that practically killed the sale, and we

lost on the transaction. [MR. MORRIS objected to the question whether since 1903 the witness's firm had published songs which had been successful on the ground that it was irrelevant. The COURT held that the loss occasioned to the publishers was irrelevant.]

Cross-examined by MR. HEAD. That song was assigned to our company in writing—there was a receipt and an assignment on one document, which I do not desire to produce.

Cross-examined by MR. MORRIS. We did not expect the business to pay to start with—we have an all-round season—the pantomime season affects some classes of songs, such as "Looping the Loop with Lucy," which was sung in sixty-eight pantomimes and thus was popularised—as the result of that it was sung at al fresco and pierrot entertainments at the seaside afterwards—round the crowds at the pierrots on the sands you would find pirates selling it—I had agents to sell it where it was being sung—we cater as much for pierrots in the summer season as we do for the winter—very often a song sells better at al fresco entertainments than it does in the pantomime season—when we bought "Looping the Loop with Lucy" on October 8th, 1902, it was being sung by Miss Florrie Ford at the music halls, and she subsequently sang it at