Old Bailey Proceedings.
22nd October 1906
Reference Number: t19061022

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Old Bailey Proceedings front matter.
22nd October 1906
Reference Numberf19061022

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1906, OCTOBER.

Vol. CXLV.] [Part 884.


Sessions Paper.







Shorthand Writer to the Court.





[Published by Annual Subscription.]







On the King's Commission of



The City of London,





Held on Monday, October 22nd, 1906, and following days.

Before the Right Hon. Sir WALTER VAUGHAN MORGAN , Bart., LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., Sir JAMES THOMSON RITCHIE , Bart., Lieut.-Col. FRANCIS STANHOPE HANSON, FREDK. PRAT ALLISTON , Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; 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.











OLD COURT; Monday, October 22.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-1
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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MORGAN, Gerald (24, student) pleaded guilty , to obtaining by false pretences, with intent to defraud, £1 from James Stuart Dickey, £2 from Herbert Lightfoot Eason, and £2 10s. from Alfred Gerald Bisdee ; he also confessed to a conviction at North London Sessions on May 9, 1905, in the name of John Lane Allen, for obtaining goods by fraud, with a sentence of 18 months' hard labour. Police proved three other convictions. Sentence, Twenty months' hard labour.

22nd October 1906
Reference Numbert19061022-2
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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LINCE, William George (17, clerk) pleaded guilty , to forging and uttering an order for the payment of £54 16s. 3d., with intent to defraud. Sentence, Nine months' hard labour.

22nd October 1906
Reference Numbert19061022-3
VerdictNot Guilty > directed

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BODE, William Frederick, was indicted for obtaining by false pretences, with intent to defraud, £20, on December 29, 1905, from Frederick Walter Sedgwick.

Mr. Jarvis prosecuted. Mr. Michael Abrahams defended.

Mr. Michael Abrahams moved to quash the indictment. The defendant was summoned at the Mansion House before Alderman Sir G. Faudel-Phillips, for obtaining £29 from Messrs. Fenwick and Co. in January and March on a representation made to Frederick Walter Sedgwick. It transpired that there was no firm of Fenwick and Co., but that it was a money-lending business carried on by the wife of Frederick Walter Sedgwick with her capital, Sedgwick himself acting at her clerk and business manager. The Alderman stopped the case, and dismissed the summons, whereupon the prosecutor claimed to be bound over to present an indictment at the Central Criminal Court. Having been to bound over an indictment was placed before the grand jury, who found a true bill. The indictment, however, was not the same as the charge preferred before the magistrate. According to the latter the defendant was accused of obtaining £29 from Fenwick and Co. in January and March, but the form of the accusation in the indictment was entirely different. The amount was pat at £20 instead of £29; the date was put as December instead of January and March; and the name of the prosecutor was given as Sedgwick instead of Fenwick.

Counsel contended that the only charge a prosecutor could be bound over to proceed with under the Vexatious Indictments Act was the charge which had originally been brought before the magistrate who refused to commit for trial.

Mr. Jarvis submitted that the indictment was good. The Alderman must have been satisfied that Sedgwick was the proper person to be bound over to prosecute. It was from him that the money, as alleged, was really obtained, and his wife, who used the name of Fenwick and Co., knew nothing of the details of the business of which Sedgwick had the entire control. The allegations in the indictment as to amount and dates were framed upon the evidence given at the Mansion House, and the indictment presented the facts in the form in which they were given before the Alderman.

The Recorder ruled that the Alderman's power to bind over was limited to the particular case before him. It was open to the prosecutor to take out a fresh summons on the amended dates and amounts, and have the whole matter gone into de novo. The Vexatious Indictments Act was a statute that had to be construed very strictly, because before the grand jury only one side was heard. In his Lordship's opinion the indictment differed in material particulars from the charge investigated before the Alderman, and must be quashed. [No order as to costs.]

22nd October 1906
Reference Numbert19061022-4
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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MATTHEWS, Frederick George (29, postman) pleaded guilty , to stealing a post-letter containing a postal-order for 4s. 6d. and three postage stamps, the property of the Postmaster-General, he being employed under the Post Office. Prisoner was an Army Reserve man, and had hitherto borne an excellent character. Sentence, Nine months' hard labour.

22nd October 1906
Reference Numbert19061022-5
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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POULTON (35, postman), pleaded guilty to stealing a post-letter containing a postal order for 10s. and a post-letter containing a postal order for 4s., the property of the Postmaster-General, he being employed under the Post Office. Prisoner had been discharged from the Army with a good character, and this was his first offence. Sentence, Nine months' hard labour.

22nd October 1906
Reference Numbert19061022-6
VerdictsGuilty > pleaded guilty; Guilty > pleaded guilty
SentencesImprisonment > hard labour; Imprisonment > hard labour

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HASTINGS, Warren Granville (17, clerk), and Warren Alfred HASTINGS, (18, clerk), pleaded guilty to forging and uttering an order for the payment of £450 6s. 6d., with intent to defraud. Warren Granville Hastings also pleaded guilty to stealing four banker's cheque forms, the goods of Ludwig Oppenheim, his master, and feloniously receiving same; to an indictment for stealing a gold chain, the goods of Alfred John Melhuish, his master. Warren Alfred Hastings pleaded not guilty and this indictment was not proceeded with.

Mr. T. F. Hobson prosecuted.

Chief Detective WILLIS stated that the elder prisoner had made a full confession, stating that he himself had forged the cheque on a form stolen by the younger prisoner (his nephew), and had also cashed. The two had between them given up to the police £343 13s. 4d. and a gold watch, part of the proceeds of the robbery, worth about £3 10s.

Rev. HERBERT NEWELL BATE, Vicar of St. Stephen's, Hampstead, stated that the younger prisoner had been living with his mother, who was the widow of a sculptor. The latter had been dead for four or five years, and the widow had since lived a wonderfully brave life, supporting herself and her six children by nursing, etc.; Warren Granville was the eldest of the children, and the only one earning anything.

Sentence: Warren Granville Hastings, Twelve months' hard labour; Warren Alfred Hastings, 18 months' hard labour; concurrent sentences on the two indictments. The larceny being only of a blank cheque form, no order was made for restitution of the money in the hands of the police, but is was stated that the police would no doubt give up the money to the prosecutors.

22nd October 1906
Reference Numbert19061022-7
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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STEHR, Emily Edith (17, servant) pleaded guilty , to endeavouring, by a secret disposition of the dead body of her female child, to conceal the birth thereof. Mr. Prance, the Court missionary, stating that he would see prisoner with a view to placing her in a home, judgment was respited till next Sessions.

22nd October 1906
Reference Numbert19061022-8
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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UNDERWOOD, Thomas (34, baker) pleaded guilty , to breaking and entering the warehouse of the American Radiator Company, with intent to steal therein; he also confessed to a conviction, at this Court, on May 29, 1905, for warehouse-breaking, with a sentence of 18 months' hard labour. Police proved several other convictions, going back to 1893, including one of three years' penal servitude. Sentence, Three years' penal servitude.

22nd October 1906
Reference Numbert19061022-9
VerdictGuilty > pleaded guilty
SentenceMiscellaneous > sureties

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SCHAFER, George, was indicted for feloniously marrying Annie Margaret Hintz, his wife being then alive.

ANNIE MARY WOOLLEY , 18, Plover Street, Hackney Wick. On January 30, 1893, I was present at the German Church of St. George's, Little Alie Street, and witnessed the marriage of the prisoner to my sister, Emma Harriet Rumboldt. The two lived together until nearly four years ago, when my sister left him. I saw prisoner in 1904 and 1905 frequently. As late as Christmas, 1905, I saw him in a public-house and we talked about his wife, and he knew perfectly well then she was alive.

Cross-examined. According to the deposition, I said at the police-court: "In 1904 I saw prisoner. I told him my sister was alive; that was about Christmas." There is a mistake somewhere. I saw him again in 1905, in his mother's house. I have frequently talked with his mother about my sister.

ANNIE MARGARET PILKINGTON . I am now a married woman, formerly Hintz. On November 12, 1904, I went through the form of marriage with prisoner at Bermondsey Parish Church.

I knew he had been married. His mother and he told me his wife had died; they showed me a letter to that effect. I do not know from whom the letter was; there was no address on it, but the postmark on the envelope was Victoria Park.

Cross-examined. I know that prisoner made inquiries to ascertain whether the statement in the letter was correct; he went to 38, Higham Street. I also went to 8, North-East Passage, Cable Street, E., and saw his mother there; she was talking to some other ladies, and they all told me the wife was dead.

To the Court. At this time I was earning my own living; prisoner had been courting me for some four months. We lived happily together after our supposed marriage, and he always treated me very well.

Mrs. WOOLLEY recalled. I have only just gone to live at Plover Street. Previously I lived for 11 1/2 years at 14, Daintrey Street, Hackney Wick; that was the next street to where prisoner lived, so that he could easily have ascertained from me that my sister was alive. He was living in the next street to me at the time of the "marriage" to Hintz.

Cross-examined. My sister has been in domestic service. She is not living with a man named Smith.

EDWARD DARBY , Detective, M Division. I arrested prisoner on September 24. I told him the charge, and he replied, "I had not seen her for over four years, and I made inquiries and received a letter from Victoria Park saying she was no more." I said, "If you can give me the names of any person you asked, or the person who sent you the letter, I will see them, and warn them to be at the police court." He replied, "I do not know who sent the letter, as they did not sign it. On receipt of that letter I thought she was dead, and so got married." He did not produce the letter. On the charge being read over to him he replied, "Not knowingly; I thought she was dead." I produce copies of the marriage certificates.

Cross-examined. At the police court I read out the statement as I have just done here. There is nothing in my deposition about my asking him the name of any person he asked. I cannot account for that not being on the deposition. I certainly read it out.

WILLIAM HARRIS , Police-constable, M Division. I was present at Southwark Police Court on December 23, 1902, when prisoner was charged with detaining his wife's property and ordered to hand it over to her. He was then living at Bermondsey.


GEORGE SCHAFER (prisoner on oath). I am a warehouseman, and now live at 15, Spa Mansions, Bermondsey. I was married to Emily Rumboldt on January 30, 1893, and lived with her

till 1900, when she left me. I took her back in 1901. She finally left me on December 23, 1902, and from that day till I was arrested I never set eyes on her. She summoned me for her clothes that she had left behind, and I gave them to her. I knew Mrs. Woolley as my wife's sister. The last time I was in Mrs. Woolley's house was about 18 months ago. I did not see her in 1905. In November, 1903, I received an anonymous letter, which stated that "Emma Schafer ain't no more; she is dead." With that I made inquiries to see if it was true. I saw on the envelope that the letter came from Victoria Park. I went with a man named Trinder to 12, Geinsborough Road, Victoria Park; that is near Mrs. Woolley's house. The reason I did not go to her house is that I had not been there for years and it was dangerous for me to go amongst a number of people who were angered against me. 12, Gainsborough Road is a shop and the man there (Bullen) knew me. I also went to make inquiries at Poplar, because I bad heard in 1900 that my wife had been living there with a man. After these inquiries I believed she was dead, and I went through a second form of marriage. The anonymous letter I kept in my drawer for a long while. When I moved to Spa Mansions a lot of my letters got lost, and this one amongst them. I remember Mrs. Woolley giving evidence at the police court; she there said that the saw me in a public-house just before Christmas, 1904.

Cross-examined. Trinder is an ex-police-constable. I went to Bullen's shop because it is private. It did not occur to me to go to Mrs. Woolley's or to send Trinder there to inquire. The anonymous letter came at the latter end of November, 1903. At that time I had formed no intention of marrying Hintz. My wife's brother lived next door to Mrs. Woolley's. I did not think of inquiring from him; he had not been a good friend of mine.

At this stage, on the advice of his counsel, prisoner withdrew his plea and stated in the hearing of the jury that he was guilty. The jury returned a verdict accordingly. Prisoner was released on his own recognisances in £100 to come up for judgment if called upon.

NEW COURT; Monday, October 22.

(Before the Common Serjeant.)

R. v. NICHOLLS. The Common Serjeant mentioned the case of Arthur Nicholls (40, clerk), who pleaded guilty at the September Sessions (see page 566) to attempted suicide, and was released on his own recognisances. The Church Army undertook to take care of him, and the report from them stated that the man had conducted himself very well and they had been able to find a suitable post for him. Unfortunately, however, he had had to go into hospital suffering from a complaint, which necessitated an operation, and a day or two ago be died. It was satisfactory to know that the course adopted by the Court had had a happy result in the last month of this man's life.

22nd October 1906
Reference Numbert19061022-10
VerdictGuilty > pleaded guilty; Not Guilty > directed
SentenceImprisonment > hard labour

Related Material

GODDARD, William (43, engineer), and GODDARD, Kate (38, his wife), both uttering counterfeit coin to Arthur Edwin Bell, Leonard James Sullivan, and Matilda Williams, well knowing the same to be counterfeit; both uttering counterfeit coin twice on same day well knowing the same to be counterfeit.

The male prisoner pleaded guilty.

Mr. Robert Wilkinson prosecuted.

Upon application by the female prisoner for legal aid,

The Common Serjeant asked if there was a case against the woman separate from the husband.

Mr. Wilkinson said she was wheeling a perambulator at the time these utterances were committed and a number of counterfeit coins were afterwards found in the perambulator.

The Common Serjeant said if she was merely assisting that would not be sufficient to procure a conviction and therefore it was not worth while to order her legal aid, as the prosecution could not be proceeded with against her.

Mr. Wilkinson said he had been informed that there was no reason to doubt that the woman was the wife of the man and that being so he did not propose to proceed with the case.

By direction of the Common Serjeant, the jury then returned a verdict of Not guilty against the female prisoner.

Detective-Sergeant BALL, Y Division, said that up to the present nothing had been known against the male prisoner, who had borne a good character. Sentence, Three months' hard labour.

22nd October 1906
Reference Numbert19061022-11
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

Related Material

JONES, Henry (40, tailor) pleaded guilty , to possessing counterfeit coin with intent to utter the same; uttering counterfeit coin well knowing the same to be counterfeit.

Mr. Robert Wilkinson prosecuted.

Many previous convictions were proved against the prisoner, who when arrested on the present charge was found with 29 counterfeit shillings in his possession.

Sentence, Four years' penal servitude.

22nd October 1906
Reference Numbert19061022-12
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

Related Material

CRAIG. Walter (27, labourer) pleaded guilty , to possessing counterfeit coins with intent to utter the same. Previous convictions were proved dating back to 1899. Sentence. Six months' hard labour.

22nd October 1906
Reference Numbert19061022-13
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

Related Material

ROBINSON, John (34, tailor) pleaded guilty , to uttering counterfeit coin twice on same day well knowing the same to be counterfeit.

Mr. Robert Wilkinson prosecuted.

On September 7 prisoner went to the "Queen's Arms," Queen Street, Cheapside, and called for mild and bitter, the price of which was 1 1/2 d., and he tendered to the barmaid a counterfeit crown piece, for which she gave him 4s. 10 1/2 d. change. After prisoner had gone away the crown piece was found to be a bad one. At 10 o'clock the same evening prisoner again entered the house and asked for some brandy, in payment of which he tendered a second counterfeit crown piece, when he was recognised and arrested.

Previous convictions for burglary and larceny were proved against the prisoner, but he has not been convicted for a coinage offence.

Sentence, 15 calendar months' hard labour.

22nd October 1906
Reference Numbert19061022-14
VerdictsGuilty > pleaded guilty; Guilty > with recommendation
SentencesImprisonment > penal servitude; Imprisonment > hard labour

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RICHARDS, Arthur (36, labourer), PORTER, Lucy (34, charwoman), and HOWARD, Albert (27, mason), were indicted. Richards and Porter for feloniously possessing a mould and other implements for making counterfeit coins; Richards and Porter for possessing counterfeit coin with intent to utter the same; Richards and Howard for uttering counterfeit coin well knowing the tame to be counterfeit; Richards and Howard for possessing counterfeit coin with intent to utter the same.

Richards and Howard pleaded guilty.

Mr. Robert Wilkinson prosecuted.

WILLIAM BURNHAM , Detective-Sergeant, New Scotland Yard On the 13th of the present month I was in company with Sergeant Yeo in Wakelin Road, West Ham, about 11.30 a.m. We saw Richards leave No. 7, and followed him to West Ham Station, where he took train to Bromley. He went along Devons Road into Bow and we saw him meet prisoner Howard close by Bow Church. The two male prisoners then went to the Bow Station on the North London Railway and took train to Barnsbury. I followed them to Caledonian Road, and I saw Richards hand Howard something as they passed Bryant Street. A little further on Richards crossed the road, and, thinking that Howard would probably enter the "Sutton Arms," I went in there. Shortly afterwards Howard came into the same bar and called for 2d. worth of port, in payment for which he tendered a florin, and the barmaid gave him 1s. 10d. change. He then left the bar. I asked the barmaid for the coin, and the gave me the florin produced, which I marked in her presence. From the "Sutton Arms" I went along the Caledonian Road, where Sergeant Yeo had been keeping prisoners under observation. They went into Richmond

Street, and I again saw Richards hand something to Howard. They turned round, and came back towards the Caledonian Road, and, surmising that Howard would go into the "Duke of Richmond" public-house at the corner, I went in there and made a communication to the landlord. Howard shortly afterwards came in and called for drinks, for which he tendered a counterfeit florin, and he was taken into custody. Richards was taken into custody by another officer. Later in the day Sergeant Yeo and I went to the house in Wakelin Road, which I had seen Richards leave in the morning. I there saw the female prisoner. We told her we were police-officers and that Richards had been arrested for uttering and producing counterfeit coins, and I also told her we suspected her of having implements for the manufacture of counterfeit coins in the house. At that time we were in the kitchen. She said, "There is nothing here." There are three rooms on the ground floor of the place—a front room, kitchen, and scullery, and there are two rooms upstairs. I said, "You had better came upstairs with us." In the front room upstairs we found a large box which had been used for sugar, and which would hold about a cwt. In it I found the two crucibles produced. There was nothing in the room but a chair and a table, and it was apparently used as a workshop. A large iron press was nailed to the floor. There is a fireplace, but I do not think there had been a fire recently. There were small particles of metal in the crucibles; there were also two ladles with metal in them, two bags containing plaster of paris, two pairs of scissors, a file, some spoons, a knife with plaster of paris on it, which is used for cutting the moulds round; two plates which have been used as plating beds; some pieces of wire, for holding the coins while being plated; and some antimony, which causes a ring in coin. We also found three pieces of brass, bearing the obverse and reverse of a florin, and also a piece of brass with the reverse of a shilling. We also found two moulds and a piece of copper, with milling all round, known as a collar, to make a metal mould which is not yet complete. There was also a blow lamp and two cups with plaster of paris on them. In a cupboard in the room were two bottles of cyanide of potassium, which is used for making the solution for the plating. I showed the things to Porter, and she said she did not know what they were. I took her downstairs again, when she said, "Who told you where we lived? I suppose you'll have to pay for this after this is all over?" Detective-sergeant Yeo afterwards found the mould. I told Porter she would be charged with possessing these implements and using them in the manufacture of counterfeit coins. The mould found by Sergeant Yeo is a double mould for making florins. She was shown all these things and said." All right, I suppose I shall have to put up with it. If you have sweets, you must

put up with the sours." Sixteen coins were also found in the house. She was taken to the station and charged with Richards with being in possession of the implements. She made no remark, but Richards said, "All right; I am sorry for her. I will try all I can to get her out." Porter afterwards handed over a purse containing 26s. 6d. in silver, which was good money.

ALBERT YEO , Detective-Sergeant, Scotland Yard. After Howard had been arrested I arrested Richards and searched him. In his right-hand overcoat pocket I found 30 counterfeit florins—sixteen dated 1869, 13 dated 1874, and one 1873. They were all separately wrapped up in tissue paper, and the whole wrapped up in a piece of newspaper, forming a roll. On searching No. 7. Wakelin Road, I found concealed up the chimney of the upstairs back bedroom the double mould produced and 16 counterfeit coins, six of which were dated 1869, three 1873, and seven 1874. After finding the mould I went downstairs and asked Porter who occupied the back bedroom. She said, "Me and my old man." I showed her the mould and the coins and explained to her where I had found them, and she said, "You have found the pancake, then?" meaning the mould. "I thought you were going to miss it."

EMILY TAYLOR , 18, Manor Road, West Ham. I keep a tobacconist's and confectioner's shop and act as house agent for Mr. Wills, of Glenavon Road, Stratford, who is the owner of 7, Wakelin Road. I let the house to the prisoner Richards in the name of Arthur Cooper on September 10 for 7s. 6d. per week, and he moved in on the 13th.

(Tuesday, October 23.)

JINNY ANDERSON , barmaid, "Sutton Arms," Caledonian Road. On 13th inst. I was serving behind the bar between twelve and one o'clock when the prisoner Howard entered and asked for 2d. of port, with which I served him. In payment he gave me the counterfeit 2s. piece produced, and I gave him 1s. 10d. change. I put the coin on the till and prisoner left the bar. When he had gone Sergeant Burnham, who had entered two or three minutes before, asked me for the coin, and having marked it he went out after the prisoner.

FLORENCE CRABTREE , barmaid, "Duke of Richmond," Caledonian Road. On 13th inst. I was serving in the bar at a quarter before one, when the prisoner Howard entered and asked for 2d. of port, for which he gave in payment what purported to be a florin. I handed the coin to the manager, who tested it in the tester, and proved it to be counterfeit. Sergeant Burnham shortly afterwards came in and prisoner was arrested.

WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins at H.M. Mint. The two coins just produced are both counterfeit.

There are altogether 48 counterfeit florins which I have examined. They are from different moulds, and some have been made from the mould which was found at Wakelin Street and has been produced here. It was a mould which has been very Much used, and I should say from the appearance of it had came to the end of its natural life. I have seen the articles which were found at the house. In this case there has been an attempt at a departure from the usual modus operandi of coiners by means of the press produced. The idea seems to have been to stamp impressions from a good coin on a piece of metal previously heated so as to form a metal mould for casting counterfeit coins; but the mechanism does not seem to have been perfected, and nothing has come of it, and as far as my own personal opinion goes nothing could have resulted from it. I have never seen a coin in my life cast with a metal mould. The idea was to strike it and get the grain on the edge by means of the collar, but I do not think it would have been attended with very successful results. If they had succeeded in making the die I do not think they could have made coins; the device was too primitive. The other articles are the usual things used by coiners, the ladles, plates, acids, wire, and so on constituting the stock-in-trade of a coiner.

Prisoner Porter, asked if she wished to say anything in defence, said she had only to ask the Court to have mercy. She had lived with the prisoner Richards for three years, and had a baby a year and four months old, and was expecting to again become a mother. She never had any hand in the coining and never had one of the coins in her hand.

The Jury asked leave to retire.

The Common Serjeant asked what was their difficulty, and pointed out that if a woman in joint possession of premises knew that the moulds for coining were there she was guilty.

The Foreman of the Jury. Some of us do not see the difference between this case and the case of the woman (Kate Goddard) whom we found "Not guilty" yesterday.

The Common Serjeant. That was a case where you were directed to acquit a woman because she was the wife of the male prisoner. The female prisoner in this case is not a wife at all.

The Foreman of the Jury. Well, practically.

The Common Serjeant. That won't help it; that won't apply. It is perhaps a fiction of law, and it may be right or wrong, but wives are compelled to obey their husbands in these days.

The Foreman of the Jury. Some of us think it is wrong.

The Common Serjeant. It may be right or wrong, but the law only applies to wives, and you cannot acquit a woman because she is a mistress living with a man. The prisoner here is not married; she lives with a man of her own free will.

Mr. Wilkinson. And she may leave him at any moment.

Verdict, Guilty, with a strong recommendation to mercy.

Richards for a coinage offence was convicted in the name of Arthur Anderson, and sentenced to five years' penal servitude at this Court in October, 1889. Howard hat been frequently convicted during the last 11 years of various offences, but of no coinage affairs. The police stated that Howard was the associate of bad characters, and had deserted four times from the army, from which he was eventually discharged.

Richards, on being called upon, said he had never made a lot of money out of it; it had never been more than a mere living. He had formerly been at work as a whitewasher and plasterer at 18s. a week, but the detective who was looking after him when he was on ticket-on-leave went to his employer and told him he was a convict, and his employer told him he had better finish off that job, and he would have no more work for him to do. After that he got a job at a wholesale corn dealer's in Bethnal Green, where he worked for a year and nine months, and he lost that job through the same reason, and that was how he came to be connected with base coining.

Prisoner PORTER. This is the only coat I have had for two years, and it only cost 6s. 11d., so I do not see what money has been made out of it.

Sentences, Richards and Howard, Five years' penal servitude; Porter, Five months' hard labour.

Mr. Wilkinson. I do not know whether your lordship will take notice of the conduct of the police.

The Common Serjeant. I think the police are to be commended for the patience and promptitude they showed in effecting the arrests of these two dangerous men and seizing their large apparatus for coining.

OLD COURT; Tuesday, October 23.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-15
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude; Imprisonment

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MURPHY, William (43, hawker) pleaded guilty , to feloniously inflicting grievous bodily harm upon John Wicks, with intent to do him some grievous bodily harm, and with intent to resist his (prisoner's) lawful arrest; also to stealing 26 handkerchiefs, the goods of Joseph William Squires, and feloniously receiving same. Prisoner also confessed to a conviction, at Newington Quarter Sessions, on November 16, 1904, for stealing, with a sentence of 18 months' hard labour. Many other convictions were proved; prisoner has been in prison practically continuously since 1888, and himself declared that he had still some time to run under ticket-of-leave.

Prisoner stole the handkerchiefs from the shop of Squires, a pawnbroker at West Ferry Road, Millwall. He was pursued, and got into Wicks's house, where he hid under a bed. On being discovered there he asked Wicks not to give him away; Wicks called for the police, and prisoner escaped through the window to the yard below. While escaping he hurled a the it Wicks, which struck him between the shoulders, fracturing the eighth rib. On the way to the station prisoner was very violent, trying to kick the constables.

Sentence, on the indictment for stealing, Three years' penal servitude; a nominal sentence of Nine months' imprisonment on the other indictment; to run concurrently.

22nd October 1906
Reference Numbert19061022-16
VerdictNot Guilty > no evidence

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CLEMENS, Julius Carl Alfred (26, agent), was indicted for obtaining by false pretences from Jean Neimeyer £100, and attempting to obtain from Paul Seidel £100, with intent to defraud.

Mr. Frampton prosecuted; Mr. Charles Mathews defended.

Mr. Frampton said that, on reading the depositions, he had come to the conclusion that it would be impossible to establish fraudulent intent, and, with the consent of the Court, he proposed to offer no evidence. His lordship having read the depositions, agreed, and a verdict of Not guilty was entered.

22nd October 1906
Reference Numbert19061022-17
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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COOK, Charles Richard (36, dealer) pleaded guilty , to an indictment charging that, having been entrusted with 16s. 6d. in order to pay and deliver the same to Mary Fowler, he did fraudulently convert the said moneys to his own use and benefit. He also confessed to a conviction, at Clerkenwell Police Court on July 27 last, for stealing potatoes, with a sentence of 21 days' imprisonment.

On the 2nd inst., prisoners sister, the prosecutrix, a poor woman, who was lying ill from a confinement, asked prisoner to go and fetch her husband's money from the Labour Bureau Committee at Islington. He went and drew 16s. 6d. and decamped with it. When arrested and charged he said, "Quite right; I don't know what made me do such a thing."

Sentence, Six months hard labour.

22nd October 1906
Reference Numbert19061022-18
VerdictGuilty > pleaded guilty

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WILSON, Florrie pleaded guilty , guilty to feloniously marrying Frederick Foden, her husband being then alive.

Mr. Symmons. for prisoner, addressed the Court in mitigation of punishment. Her husband had behaved very badly to her. and had been fined for assaulting her. He left her after 18 months of married life, and she had been supporting herself and child by laundry work. She took up with Foden. a soldier, telling him at first that she was a married woman living apart from her husband. A child was born of this new connection. She then had information that her husband had been killed in a trap accident at Kingston. This she communicated to Foden

(although she now confessed that she did not believe the story was true, and made no inquiries) and the pair went through a form of marriage.

Sentence, Two days' imprisonment.

22nd October 1906
Reference Numbert19061022-19
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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RICE, Blanche (31) pleaded guilty , to having been entrusted by John Arthur Betambean with certain property, to wit, a dressing table and other articles, did fraudulently convert the said property and the proceeds thereof to her own use and benefit; having been entrusted by W. J. Harris and Company, Limited, with certain property, to wit, a sideboard and other articles, did fraudulently convert the same and the proceeds thereof to her own use and benefit. Sentence was postponed till next Sessions.

22nd October 1906
Reference Numbert19061022-20
VerdictsNot Guilty > unknown; Not Guilty > directed

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SEGAR, Nathan (37, tailor) , stealing a banker's cheque and order for the payment of £17 13s. 3d., the goods and property of George Fossick Wilson, and feloniously receiving same.

Mr. Cecil Fitch prosecuted; Mr. Louis Green defended.

Rev. G. FOSSICK WILSON, of Weybridge. On Saturday, July 7, I posted in Weybridge a letter addressed to Messrs. Penny and Hull, printers, 53, Leman Street, E., containing the cheque (produced) for £17 13s. 3d. The cheque was subsequently cashed by someone. I do not know prisoner. I cannot say what time in the day it was posted.

THOMAS JAMES HULL , of Penny and Hull. I never received the cheque produced. The endorsement is not in my writing or that of any member of my firm or anyone in our employment. Prisoner occupied the two upper floors at 53, Leman Street, where he carried on business as a mantle maker. My letter-box was on the outer door downstairs. The upstairs tenants had a key of the outer door. Letters for anyone in the house would be put in my letter-box. At times the box would be overcrowded; possibly sometimes a letter might be sticking out. Prisoner had been our tenant for about nine months before July.

Cross-examined. Letters are always put by the postman into the box, never under the door. Prisoner has stated that he has seen letters sticking from the box and has forced them down with a pencil. Prisoner would know nothing of my business and would have no means of knowing that we were expecting a cheque from Mr. Wilson.

JACOB WERNER . I am clerk to the Foreign Exchange Company, Brick Lane, which is about five minutes walk from Leman Street. On Sunday, July 8, Mr. Rafalovich was at our place; he is a partner in the business; he has since left for America. I first saw the cheque produced about half past 10 on July 8; it was in possession of prisoner. Prisoner in my hearing told Rafalovich that he was one of the partners in Penny and Hull and wanted the cheque cashed, and wanted the money at once.

Rafalovich said that that was impossible, but that he could have it collected by Tuesday. Prisoner left the cheque, taking a receipt for it, and went away. I was not present on the Tuesday when prisoner called and obtained the money.

Cross-examined. On the Sunday night prisoner was at our place about a quarter of an hour; the talking was entirely between him and Rafalovich. I did not at the time think there was anything suspicious. Rafalovich went to New York on August 14. I remember Detective Curry coming to see Rafalovich on a Thursday in August. In describing the man who cashed the cheque Rafalovich said he was clean-shaven; I said, "No, it was a man with a dark moustache"; Rafalovich then said, "I mean he was clean-chaven round the chin." Rafalovich also said that the man wore a light grey coat. I did not see the man write anything on the cheque; I only saw the face of the cheque, not the back. I do not remember saying before the magistrate at the first hearing, "The cheque was already endorsed when it was brought in." At a later hearing I said, "I did not see the customer endorse it; I did not know at the time whether it was endorsed." Before that last statement of mine Blumstein had given evidence.

To the Court. Before Rafalovich left for America he was taken to the police station and identified prisoner.

The Recorder. It is a strange thing that Rafalovich is not here.

HY. BLUMSTEIN , wholesale draper, 51, Wilkes Street, Spitalfields. I am a friend of Rafalovich, and was in his office about 10 on the night of July 8. A man came in with this cheque and asked Rafalovich to cash it, saying that he required the money at once. Rafalovich told him the cheque must be collected first. Rafalovich asked him to endorse the cheque (although it was a bearer cheque), and he did so. I had not seen the man before. I believe prisoner was the man. Three weeks afterwards I went to the police station; prisoner was placed with 12 other men; I picked him out and said, "I believe that is the man." I believe now he is the man; I cannot say for certain.

Cross-examined. I am often at this office; there are always lots of people there coming in and changing cheques; the customers are principally foreigners and Jews.

JOSEPH RIVLIN , 86, Brick Lane. I am a partner in the Foreign Exchange Company. On Tuesday morning, July 10, a man brought in this receipt and asked me for the money for the cheque. Prisoner was the man. I told him I had not yet had an answer from the bank; he waited some little time till I had a telephonic message that the cheque was cleared, and I then gave him in cash £17 10s. 9d., the amount of the cheque less 2s. 6d. for collection. I next saw him on August 9, when I went with Detective Curry to the office of Penny and Hull.

Prisoner was in the private office, and I looked at him through a window. I said, "I should think that is the man, but I cannot see his face. We had better send for my clerk, Werner, to identify him." Later in the day I was taken to the policestation, when I picked out prisoner from 13 or 15 men. I said, "That is the man."

Cross-examined. What I told the officer was, "I think that is the man, but I would rather Werner identified him." I wanted Werner to make sure about it.

JOHN CURRY , Detective-Sergeant, New Scotland Yard. On August 9 I went with last witness to 53, Leman Street. Prisoner was in a room there with Mr. Hull and another man, an employee of Penny and Hull. I took Rivlin to an outer office and he looked through the window. I said, "Do you recognise anyone?" He replied, "I think that man it the man who brought the cheque to me. I am not so certain that I could recognise him positively; he has his hat off, and he was dressed when I saw him; Werner could recognise him well, I'm sure." Neither Hull nor the employee was a Jew; prisoner was the only Jew among the three. I believe Rivlin said, "The man had a brown moustache like that." I sent Rivlin to fetch Werner. Prisoner having left Mr. Hull and gone to his own room upstairs; I went up and told him I was a police officer, and asked him to put on his hat and jacket and came outside. The two of us walked into the street; Werner was there, and he said, "That is the man who cashed the cheque." I told prisoner, "I shall arrest you for stealing a cheque for £17 13s. 3d. which was sent to Messrs. Penny and Hull on July 7 last; I believe you to be the man who cashed it on July 8 last or took it to the Foreign Exchange." He said, "When do you say it was?" I said, "On July 8 last, Sunday night." He said, "I never go out on the Sunday evening; where was it?" I told him, "Brick Lane." He said, "I have not been in Brick Lane for two months." I showed him the cheque; he said, "I know nothing about it; do Messer. Penny and Hull know about this?" I said, "Yes." Afterwards he said, "I do not know Brick Lane. I have not been out of the workshop on Sunday night till 10 or 11 o'clock, except to the club in Cambridge Road, for which my brother-in-law, Mr. Levy, 9, Oliver Lane, sold me a ticket. When I come up Sundays I have often to push the letters into Penny and Hull's box; the postman cannot push them in; I push them in from the back with a black-lead pencil." There are plenty of Jews in this part of London, and with dark moustaches.

Cross-examined. Prisoner did say, "I do not know where Brick Lane is"; Mr. Hull heard him say it. Nothing is known by the police against prisoner, although he has some business debts.

Prisoner's statement before the magistrate, "I plead not guilty, and reserve my defence."


NATHAN SEGAR (prisoner, on oath). I carried on business as a mantle maker in the second and third floors of Messrs. Penny and Hull's place at 53, Leman Street. My business is carried on from Sunday to Friday; on Saturday the place is closed, except for payment of wages from two to three. On Sunday night, as a rule, we leave after 10 or 11, sometimes 12. For three months prior to my arrest I had not left before 10 or 11 on a Sunday, except on one occasion. On July 22 my brother-in-law gave me a ticket for a meeting of a society of which he is chairman, and I went there from half-past seven to 11. I produce the actual ticket I used. Penny and Hull's letter-box is at the front door; letters for me would be put in that box; I have no letter-box of my own. Sometimes Penny and Hull would receive such long letters that the postman could not push them right through the wire cage, and I sometimes pushed them in from inside myself. I never took a letter from the box belonging to Penny and Hull. I never took this cheque or any cheque to the Foreign Exchange Company; I never knew there was a Foreign Exchange existing in Brick Lane; I never saw the people there in my life. I formerly had a banking account of my own and have made out cheques to Penny and Hull; I should have no difficulty in writing their name. [Note. On the cheque produced there had been two attempts to commence the writing of the endorsement, before the writing of the complete endorsement.] I now see this cheque for the first time in my life. I did not tell the officer that I did not know Brick Lane; I said that I did not know the office of the Foreign Ex change in Brick Lane. I never in my life had a light grey coat.

Cross-examined. Brick Lane is only about two minutes from Ely Place, Alie Street, where I lived. I have been in the neighbourhood for 18 years; I cannot have said that I did not know Brick Lane. My bail is a Mr. Lipski; I do not know that he lives a few doors away from the Foreign Exchange Company. I used to have an account with the Capital and Counties Bank, but I had left off paying anything in in May; I opened an account somewhere else. I never tried to see whether I could get any letters out of the box.

THOMAS JAMES HULL , recalled. Our place of business is closed and locked up at one o'clock on Saturdays. On the Monday my warehouseman would unlock the box and sort out the letters; the warehouseman is named Penny, a son of my partner. He would have no knowledge of our business.

JACOB BARBERCOFF . In July I was employed by prisoner as a cutter. On Sundays my working hours were up to past 11.

Prisoner would be there all the time on Sundays, leaving when I left. This was what he always did, except that I recollect on one Sunday he went to a society's meeting. With that exception he never left before 11 on Sunday.

Cross-examined. This was in the busy time. I cannot remember particularly this July 8. We never do business on Saturdays.

MORRIS GALLAHER . Since February I have been employed by prisoner as a finisher. On Sundays we started work about 10, and in the busy time stayed till 10 at night. Prisoner always stayed after I left. I remember that on one night he went to a meeting or a ball; with that exception he was never away before 10 on a Sunday.

Cross-examined. I told the detective that the usual hours on Sundays were 8 to 6; that is for the workmen. I always stay longer than the others.

MARKS STEINBERG . I am traveller for Frimpkins. Prisoner is one of my customers. I saw him every Sunday. On July 8 I wanted to borrow some money. I went to prisoner after eight o'clock, and he lent me £1. I fix this Sunday because, as I wanted more than this £1, and failed to collect it on the Monday, I had to go on the Tuesday to the pawn. I produce the pawn-ticket, which is dated July 10. I stayed with prisoner till after 10; he was chalking out some stuff, and I waited, so as not to mix him up as he was writing. On the Sunday following his lending me £1 I saw him again, and he told me of his trouble.

Cross-examined. It was not the Sunday after. I was wrong; it was two or three weeks after.

MORRIS LEVY . I am prisoner's brother-in-law. I am in the habit of calling at his business place on Sundays; he works regularly there till 10 to half-past or 11.

BARNET ROSENBERG . I am in the habit of assisting prisoner as cutter on Sundays. I was working for him in July. We worked up to past 11.

The Recorder suggested that this class of evidence had been carried far enough. Mr. Green thereupon closed his case.

THOMAS JAMES HULL , recalled by the Court. The first person who comes to business on Mondays is the warehouseman; then my nephew arrives at quarter-past eight. I arrive about nine o'clock. My nephew would open letters first, unless he was late, when I should do so. He knows as much about the business as I do; it very rarely occurs that he it not there first to open the letters. Cheques would be endorsed by me or by him; he is practically a partner, and has authority to draw or endorse cheques. Except on this occasion, we have never had any letters or cheques go astray.

Verdict, Not guilty. On a second indictment, for forging and uttering an endorsement on an order for the payment of £17 13s. 3d., with intent to defraud, his lordship directed a verdict of "Not guilty" to be entered.

NEW COURT; Tuesday, October 23.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-21
VerdictGuilty > pleaded part guilty
SentenceImprisonment > hard labour

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ARTHURELL, Alfred Thomas (20, porter) , indicted for robbery with violence on Emily Leaphard, and stealing from her a hand bag and the sum of £6 9s. 6d., pleaded guilty to the robbery without violence.

Mr. Bowen Davies appeared to prosecute; Mr. Purcell for prisoner.

Prosecutrix, who is a widow, was at the time of the assault engaged in collecting rents in the Manor Road, Camberwell, on behalf of a Mr. Culpepper. Prisoner snatched away the bag she was carrying, and it was alleged struck her violently on the chin inflicting a knock-out blow. Prisoner's father has been for 27 years in the employment of a firm in the City, and prisoner himself had borne an excellent character from his boyhood upwards. Owing to being blind of one eye he was disabled from getting work except of a particular kind, and in 1904 he received from the police a pedlar's license. For some time he was in the employment of Messrs. Jones and Higgins as porter, and had, he stated, sometimes collected between £70 and £80 a day for that firm. The usual inquiries had been made by the police, but nothing to the detriment of the prisoner had been ascertained. Sentence, Five months' hard labour.

22nd October 1906
Reference Numbert19061022-22
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Miscellaneous

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BOULANGER, Henri (30, traveller) , an alien said to have been born in Alsace after the acquisition of that country by Germany, indicted for procuring Jeannette Le Gros, a girl under the age of 21 years, not being a common prostitute, to have carnal connection with men; procuring her to become a common prostitute; procuring the said Jeannette Le Gros to leave her usual place of abode with intent that she might for the purposes of prostitution become an inmate of a brothel; conspiring with Gustave Chamberlain to commit said offences, pleaded guilty on the advice of his counsel to "procuring Jeannette Le Gros to leave her usual place of abode in the United Kingdom, namely, 5, Mabledon Place, Euston Road, with intent that she might for purposes of prostitution become an inmate of a brothel, to wit, 34, Bolingbroke Road, her usual place of abode not being a brothel."

Mr. Charles Mathews and Mr. Bodkin appeared for the prosecution; prisoner was represented by Mr. Symmons.

Le Gros is of Belgian nationality, and was 20 years of age in September. Up till July 20 she was living with her mother at 5, Mabledon Place, a tenement building, and has been in various situations. In June prisoner and Chamberlain took 34, Bolingbroke Road, a furnished house, at 35s. a week, representing that they were brothers and wanted the place for the occupation of themselves and wives. The house immediately became the resort of prostitutes of various nationalities. Le Gros about this time was in the employ of a Mr. Read in the Uxbridge Road, and so far as was known was a girl of perfectly proper character. In July, going home by the tube, she was accosted by prisoner and arrangements were made for a meeting a few days later, when prisoner took her to the house in Bolingbroke Road, and, according to her story, she was there seduced by him. On July 14 she gave up her employment without notice, left her mother's house, and went to live at Bolingbroke Road, representing to her mother that she was staying with a girl friend. At that house she submitted herself to the attentions of visitors for a consideration. Towards the end of July the police were communicated with, and Chamberlain being informed of the fact, fled with Le Gros and a girl named Kitty Tynan to Ostend, where the girls led an immoral life. Prisoner later went to Ostend and lived with Le Gros, well aware of the life she was leading, but subsequently returned to England, leaving her there to shift for herself. It being found by the Belgian police that Le Gros was using the streets for a purpose not allowed by the Belgian law, she was sent back to her mother, who by that time had learned what had been going on in Bolingbroke Road, an information was laid and prisoner arrested. Prisoner had previously been connected with brothels, and was fined £20 in July, 1904, for keeping a flat in Marylebone as a brothel, and £20 for a similar offence in the summer of this year. He was formerly in employment as a cook, but counsel stated that though he had not been in regular employment for two or three years he had a deposit of something like £100 in the Post Office, and how that money had been accumulated might perhaps be inferred from his connection with the not unprofitable occupation of brothel keeping. Chamberlain having deserted Kitty Tynan in Paris has not since been heard of.

The Common Serjeant, in sentencing prisoner to one month's hard labour, said it was clear that very little procuring was necessary, as Le Gros seemed to have been most ready first to associate with prisoner and afterwards to adopt an immoral life. He certified prisoner for expulsion under the Aliens Act.

22nd October 1906
Reference Numbert19061022-23
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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NICOD, Lewis Francis Henry (27, clerk) pleaded guilty , to embezzling a post office order for the payment of £5, received by him for and on account of George Washington Perri Johnston, his master; forging and uttering an endorsement on an order for payment of £5, with intent to defraud; forging and uttering an order for the payment of £1 10s., with intent to defraud. Prisoner also confessed to a conviction on January 12, 1903, for uttering a forged acceptance for a bill of exchange in the name of Ray Hammond. Police proved other convictions.

Mr. Inde prosecuted.

On June 19 prisoner entered the employment of George Johnson and Co., engineers and contractors, Cannon Street, as general clerk and traveller at a salary of £1 per week, 5 per cent, commission, and expenses. He was authorised to open letters, but not to deal with cheques or post office orders. On August 18 prisoner left ostensibly to go to Eastbourne, the firm lending him a bicycle and advancing him money, the arrangement being partly that prisoner should have a holiday which was to be continued as a travelling engagement for the firm. Prisoner never returned, and in consequence of a communication from the sender of a post office order for £5 it was found that prisoner had forged his employer's name to the post office order, and had by false pretences obtained payment from the proprietor of the King William Restaurant. Subsequently it was discovered that by similar false pretences he had obtained £1 10s. from a dairyman at Eastbourne for a cheque purporting to be drawn by his employers. Prisoner was released on ticket-of-leave on April 14, 1905.

Sentence: Four years' penal servitude.

22nd October 1906
Reference Numbert19061022-24
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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BAKER, John William (32, 'bus-driver) pleaded guilty , to feloniously marrying Ada Rose Taylor, his wife being then alive.

Mr. Harris prosecuted.

Prisoner was married in August, 1886, in Chelsea, and lived with his Wife until about eight months ago, when he obtained an engagement with Messrs. Tilling, the omnibus proprietors, and took lodgings in the south of London, so as to be near his work. On September 25 he married prosecutrix, who was a cook in service at Catford. After staying a night at Wimpole Mews she returned to her mistress, and in consequence of a communication made to her gave information to the police. Prisoner was arrested on October 7, having absconded on hearing that information had been given to the police. The Common Serjeant said he would like to hear the evidence of the woman Taylor, as he could not understand this marriage for one night.

ADA ROSE TAYLOR . I became acquainted with prisoner about eighteen months ago. I was in service at the time and he was a 'bus driver. I knew subsequently that he was living in lodgings, but, of course, I never heard that he was married. He used to come and meet me in the evenings. He asked me

to marry him about six weeks before we were married. The marriage took place at St. Lawrence Church, Catford, on a Tuesday. We stayed at my brothers that night, and I returned to my mistress next day for her convenience with the intention of finally leaving on the following Monday and going to live with prisoner. When it came out that he was married I did not trouble any more about him. His wife gave information at the police station the same day that we were married. I do not know how she found it out. I heard of it next day.

Sergeant BURNHAM (P division). When prisoner married his wife she was eighteen years of age and within twelve months she took proceedings against him by summons for illtreatment, and he underwent a month's imprisonment in default of payment of the fine. Since then they have lived together in the neighbourhood of Fulham and Chelsea, but not very happily. There are four children of the marriage. I believe his wife declined to come and live with him in South London. He took lodgings for the purpose of being near his stables and not with the intention of deserting her. He sent her money regularly every week, sometimes 7s., sometimes 10s., and used occasionally to go and see her. She came over to see him on September 23, two days before the second marriage. Apart from this he bears a good character.

Sentence: Four months' hard labour.

On the application of Sergeant Burnham the Common Serjeant ordered that on the expiration of the sentence prisoner's licence as a driver, eight months of which are unexpired, should be returned to him, observing that it was desirable that prisoner should have an opportunity of getting his living honestly.

22nd October 1906
Reference Numbert19061022-25
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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THOMPSON, William (44, labourer) (indicted with Read, Albert Herbert (32, porter), the bill against whom was ignored by the grand jury), pleaded guilty to robbery with violence on Albert Saunders and stealing from him a watch.

Mr. G. St. John McDonald prosecuted.

Prosecutor having entered a latrine in Chapel Street, Islington, between one and two p.m. on October 1, wan attacked by two men, one of whom was prisoner Thompson, the other not having been identified. The value of the watch was £4. Prisoner was seen to take the watch out of his pocket and examine it in Pentonville Street by a constable, who forthwith took him to the station.

The police evidence showed a great number and variety of previous convictions, and that for the last five years prisoner has been the associate of thieves and dangerous criminals.

Sentence: Five years' penal servitude.

22nd October 1906
Reference Numbert19061022-26
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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JANES, Albert Edward (43. carman) pleaded guilty , to committing wilful and corrupt perjury.

Mr. Forrest Fulton prosecuted on behalf of the Commissioners of Police.

The offence was committed at the hearing before Mr. Horace Smith at Westminster Police Court on September 18 of a charge against two women named Louisa Janes and Louisa Wood for soliciting. The perjury consisted in prisoner stating that the woman Janes, with whom he had been living, was his wife, that on the night in question she was bringing him his supper, as she was in the habit of doing, that she was a decent woman and of respectable character, and that one of the constables had taken his wife round the corner and behaved in an improper manner with her. The contention of the prosecution was that it must have been within the knowledge of the prisoner that she had been before the authorities on charges of drunkenness and disorderly conduct, and had undergone imprisonment as a common prostitute. Under the circumstances, said Mr. Fulton, the Commissioners of Police had thought it right to take these proceedings.

Prisoner asked to be dealt with under the First Offenders Act.

The Common Serjeant, in sentencing prisoner to three months' hard labour, said that the Court could not deal with a case of perjury in Court by merely binding the prisoner over—the offence was too serious. False evidence given in favour of a prisoner was an attack upon other people. But for the fact that prisoner's character had been good up to this time he would have received a much heavier sentence.

22nd October 1906
Reference Numbert19061022-27
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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HOOLE, Charles James (45, mason's labourer), feloniously wounding Mary Ann Shepherd with intent to do her some grievous bodily harm.

Mr. S. Davey prosecuted.

MARY ANN SHEPHERD . I am married to Arthur Shepherd, a bricklayer, but have not lived with him for years. I occupy a house in Harwar Street, Kingsland Road, and at the time of this occurrence I had let two rooms to prisoner and his mother. Prisoner had been there about four weeks. On September 19 he came home about 10 o'clock. He had been threatening me a lot before this time. I was in my shop doing my work. He said." Have you been out again?" I said, "What has that to do with you. you are only a lodger?" and I asked him to keep his place. We had some words, and I told him to go. I do not recollect the exact words he used, but their effect was that he would murder me. I told him to get out of my place. He said, "Do you mean it?" and I said "Yes, I did." As I went past him he put these scissors (produced) in my neck and Stabbed me. They are my scissors which I used to cut string. After he struck me I fell insensible in the shop. I do not know whether prisoner was sober; I was. I had been

to get some errands for my work. There were two other people in the shop—Mrs. Duke and prisoner's mother. I cannot give any reason for prisoner striking me in this way, but he has been promising me this before. He has broken into my place two or three times—he knows he has. I fastened him out on the previous Monday night, and when I came back I found he had broken in, and I told him I was getting frightened to come into my own home.

PRISONER. Had we lived together as man and wife?

PROSECUTRIX. No. To the Court. I first told him to go soon after he came, at I did not like his ways; he was too forward. On the night of the 19th I had taken 6d. for some work, which prisoner took. He never had any money. He had paid one week's rent out of four. He was not at work. He did offer me 10d. one day, but I told him to keep it.

PRISONER. I want to ask whether I have not slept with her from the first time I went into the house?

PROSECUTRIX. No; I should want a man bad.

PRISONER. I have slept in the same room with her.

PROSECUTRIX. No; you beast.

PRISONER. I have, so help me God, I have.

The Common Serjeant. Has this man lived with you as your husband?


JANE DUKE , wife of Wm. Duke, a porter, 13, Harriett Square. On September 19 I was in Mrs. Shepherd's shop. Prisoner and his mother were also there. Mrs. Shepherd was speaking about the sixpence which had been paid her, and which she could not find. I helped her to find it. When the got to where prisoner was she called out, "Oh, Mrs. Duke, he has done it" I turned round and said, "Done it! Done what?" She then fell against me, and prisoner went out. I did not see prisoner actually strike her, as I was looking for the sixpence. I saw blood flowing from prosecutrix's bosom, and want for help. Prisoner did not appear to have been drinking. I had been in the shop perhaps half an hour before this happened.

P.O. CHRISTOPHER TUPPS , 440 G. In the evening of September 19 I was on duty in Kingsland Road when prisoner came up to me and said, "I have done it. Take me to the station. I said, "Done what?" He said, "I have murdered the woman I am living with at 38, Harwar Street." I told him that whatever he said might be used in evidence against him. Accompanied by Constable 448 G I took prisoner back to 38, Harwar Street, where I saw prosecutrix lying on the floor in a pool of blood. Prisoner said, "Let me kiss her. What I done I done in justice. I done it with a pair of scissors." I sent for the

Divisional Surgeon, and took prisoner into custody. When charged he said, "Quite right." He was quite sober.

Inspector CORNELIUS GARNHAM, G division. At 10.15 p.m. on the night of September 19 I went to 38, Harwar Street, I there saw prosecutrix lying in a pool of blood and bleeding from a wound in the left breast. I had her taken to the hospital. Next morning I saw prisoner at the station and charged him with attempted murder. He said (having been cautioned): "I went home that night and found her in drink. There were three men in the shop with her. She introduced them as her cousins, but I think she has a bleeding lot of cousins. We had a row. I lost my temper and stabbed her with the scissors."

Dr. COLIN CLARKE, House Surgeon, Metropolitan Hospital. On September 19, shortly before 11 o'clock, I saw Mrs. Shepherd, who had been brought to the hospital suffering from a punctured wound 1 1/2 £ in. deep on the front of the chest about 2 in. below the left collar bone, having lost a good deal of blood. The wound might have been caused by the scissors produced. It was not a serious wound, but it would have been had it gone deeper, we took her in because we did not know how deep n was. She remained in hospital four days.


SUSANNAH HOOLE , prisoner's mother, swore that prosecutrix lived with prisoner and slept with him, but after he fell out of work she wanted to get rid of him. She inveigled him there and after his work was gone wanted to get rid of him. He had always been a very good son. On the night of September 19 she went into the shop and wished prosecutrix good evening. Mrs. Shepherd went over to prisoner and said: "You have got sixpence in your pocket and a note, and I want it" Prisoner said he had no note, and emptied his pockets on to the table where the scissors were lying. With that prosecutrix turned round and taunted him with a dreadful expression, saying he was not worth 2d. After that witness did not see what happened, but prosecutrix fell to the ground and witness jumped up and ran out of the shop frightened.

Prisoner. I can only say I lived with this woman ever since I went into the house, as man and wife. We quarrelled over other men coming into the house drinking, and that is how it happened.

Verdict. Guilty of unlawful wounding.

Inspector GARNHAM. Prisoner is a married man living apart from his wife. He informed me that his wife left him to go with other men, but I have been unable to find the wife. He

appears to be a respectable man, and no doubt has been a hardworking man. He has never been up for any offence before.

Sentence: Nine months' hard labour.

OLD COURT; Thursday, October 25.

(Before Mr. Justice A. T. Lawrence.)

22nd October 1906
Reference Numbert19061022-28
VerdictGuilty > insane
SentenceImprisonment > insanity

Related Material

ROGERS, Alfred Robert (38, upholsterer) , murder of Florence Mabel Rogers; murder of May Dorothy Rogers; the like on coroners' inquisition; attempted murder of Jessie Louisa Rogers, Ethel Rogers, and Albert Edward Rogers; attempting to kill and murder himself.

Mr. Charles Mathews and Mr. Arthur Gill prosecuted; Mr. Mallinson defended.

ALBERT EDWARD ROGERS . I am prisoner's brother. I returned from New Zealand in May last and went to live with prisoner at 11, Dundonald Road, Kensal Rise. He was then carrying on business as an upholsterer in Kilburn, and I assisted him; the business was not a success, and was given up in June. The household consisted of prisoner, his wife, Jessie Louisa, three daughters, Florence Mabel, aged nine, May Dorothy, aged 14, Ethel, aged three, and a son William, aged about 11. From June to September prisoner had been occupied in looking out for suitable premises for our starting in business again; he had not succeeded, and was rather despondent. On September 6 he had been looking for premises in Finchley and had failed to find any. I was always most friendly with prisoner and with his wife and children. On this night we all went to bed at the ordinary time between nine and ten. Prisoner and his wife and the child Ethel occupied the front room on the first floor; the two elder daughters slept in the next room behind that; Willie in a room behind that again, and I in a room at the extreme back. Between five and six o'clock in the morning I was awakened by screaming and shrieking in my brother's voice. I ran to prisoner's room; the door was on the jar. Prisoner and his wife were standing up in their nightdresses; the child was in its mother's arms. I saw that prisoner had done his wife an injury; she had a mark on her throat and there was plenty of blood. Prisoner had in his hand the razor produced. I attempted to take it from him; he resisted, and a violent struggle ensued, ranging all through the house. I got the razor from him and threw it out of the window; prisoner got possession of another razor (produced); I got that away from him. The struggles continued into the kitchen, where prisoner got hold of a carving-knife or breadknife. In the course of the struggle I received several cuts

with the razors. Eventually prisoner became rather calmer and I suggested that he should wash himself, and we went to the bath room; I left him there in order to get some clothes for him. I had no sooner left than he rushed out again in a frenzied state, and the struggle recommenced. We got down to the front room again; he got hold of a flower-pot and threw it through the window. I was getting exhausted. Finally a neighbour, Mr. Ralph, came in through the window, followed shortly by Mr. Elliott, and they assisted in restraining prisoner until the police arrived. I afterwards went upstairs to the girls' room, where the wife had taken refuge. I found that my throat had been cut, and I was attended by a doctor and sent to St. Mary's Hospital, where I remained till September 27.

Cross-examined. During prisoner's life he has been subject to severe attacks of headache, followed by severe mental depression; he was not a man able to stand much worry. He had got to worry very much about his business affairs, although there was no real ground for it. Our father had left us some small property, bringing in about £100 a year; and prisoner also had some property in a building society; he was a very steady man; he and I had always been on the most affectionate terms. His was a very happy home; he was passionately attached to his wife and children. At this time prisoner had been suffering much from insomnia, and had been consulting a doctor. When I saw him, after being aroused by the shrieking, he looked most strange and frenzied. During the struggle he picked up anything that came to hand. Usually prisoner was of a quiet and gentle disposition; he had never broken out like this before. I remember that when my mother died five years ago prisoner was very depressed and fears were then entertained for his mental condition.

ANDREW WILLIAM RALPH . I live at 15, Dundonald Road, and have been a close neighbour to prisoner for about three years; I saw a good deal of him; he was always a sober and quiet man, and his affection for his wife and children was really noticeable. On the early morning of September 7 I was aroused by some noise; I went down into a garden which looked over prisoner's house, and I saw prisoner and his brother struggling in a room. I got into the room; prisoner was in a very frenzied state; I thought at once that he was mad. I helped last witness to restrain prisoner. Prisoner said to me, "Mr. Ralph, do you know what they are going to do with my children?" Later, he said, "I have killed the lot," or something like that Afterwards I went upstairs to a room the door of which was looked. We burst open the door; there I saw Mrs. Rogers with the baby girl in her arms, and the boy Willie, who had joined them; this was in the girls' room; the dead bodies of the two girls were lying. one on the bed and one by the side of the bed; both their throats had been cut, the heads nearly severed. The

wife also had her throat cut and the baby also; the brother had also been injured. Prisoner had a great deal of blood on him; I did not notice then that he himself was cut.

Cross-examined. When I first saw prisoner I should lay he was mad; he was most wild-looking, quite different to what I had seen him. I have known the family for some time; it was in all respects a most happy home.

ALBERT JOHN ELLIOTT . I live next door to prisoner's house in Dundonald Road; I had known prisoner personally; he always lived very happily in his home. On this morning, about five o'clock, I was disturbed by hearing in the adjoining house a scuffling as though one of the in mates had been seized with a fit. The noise continuing, I went into the street; I saw prisoner and his brother and Mr. Ralph struggling in the room, and went in and helped to restrain prisoner. Prisoner said one or two things to me, but in the excitement I could not pay much attention. He asked me whether he had ever spoken to me in a manner that was not rational, and I told him no.

Cross-examined. I have lived next door to prisoner for two years, and have always known him as a very quiet, hardworking, and sober man, and attached to his home.

P.O. PAYNE, 540 X. At twenty-five minutes to seven on this morning I was called to 11, Dnndonald Road, where I saw prisoner with the last three witnesses in the front room. A doctor was called and attended prisoner; I remained in charge of him. He asked me for a drink of water, which I gave him. He said to me, "I realise I am in your hands;" he asked after his children; he said, "Are they dead or not?" I replied that I did not know. He said, "I do not know what made me do it, but I have had a lot of worry over money matters lately; I was in fear that my wife and children would be in want, and rather than see that it caused me to do what I have done, but I wish now I could undo what I have done. I wish now I had killed myself and let my family alone. When you take me away go down Milman Road to the police station."

GEORGE SMITH , Police-Constable, 46 X. At ten to six on this morning I went to 11, Dundonald Road and saw prisoner in the front room. I said, "How do you feel?" He said, "Do you sympathise with me?" I said, "Yes, I do." He said. "I wish I had felt an hour ago as I do now." On searching the premises I found the razor produced; it had blood upon it.

JAMES COLLINS , Inspector, X Division, deposed to finding the raior in Willie's bedroom.

GEORGE RUMBOLT , Detective, X Division. Prisoner having been before the magistrate, I took him back to Brixton Prison. He appeared to be in some pain with his hand, and I said "Does your hand pain you?" He said, "Yes, but that is not the most painful part; it is too terrible to talk about" I told

him it would be better for him to say nothing, and he as silent for a bit. Then he said, "My brother has only just come back from New Zealand," Later on he asked if I would let him know how they were going on. I told him yes. He said, "You know I am not mad. Twice before I have got out of my bed on different occasions intending to do this, but, on seeing my daughter lay there, have managed to pull myself together and go back again to bed. I was careful not to arouse my wife. I stopped for ten minutes over my eldest daughter before I cut her throat. Then I seemed to go mad. My brother came back from New Zealand with the intention of helping me, knowing I am in business troubles." When making this statement he appeared to be suffering: mentally.

Cross-examined. This statement was made between twelve and one of the afternoon of the 17th. Prisoner seemed very much depressed; he was perspiring terribly and his hands and face were twitching and his limbs trembling.

EDWIN POLLARD , Detective-Inspector, A Division. On this morning I went to 11, Dundonald Road and searched the prem sea. On going to the back room upstairs I saw that it was in great disorder and there was a quantity of blood on the floor. The daughter May was lying on the floor, her head towards the window and feet under the bed, with her throat cut. Florence Mabel was lying across the bed with her throat cut. There were indications of a struggle throughout the house—in every room, in the passages and corridors, and the kitchen; blood everywhere; the whole place like a slaughter-house. Dr. Bates came and attended to the injured persons. I afterwards spoke to prisoner and told him I was a police-officer. I advised him not to say anything, but whatever he said I should take down in writing. I told him I should arrest him for the murder of his two daughters, Florence and May, by cutting their throats. He said, "Where is my boy, Willie?" I replied, "He's all right and in safe hands; there is no mark upon him." He said, "And my two daughters?" I replied, "They are dead." He said, "And the baby and my wife?" I replied, "The baby is in a critical condition, but your wife is not so seriously hurt." Prisoner said, "I hope they will all die. How is my brother?" I replied, "He is the most seriously wounded of all." Prisoner said, "I wish they were all dead. This morning I awoke at three o'clock; I could not sleep. I have been depressed lately over business matters and I thought we might all come to poverty, and rather than see all starve I thought it best to do away with them." I took prisoner to the station, where he was charged. He made no reply.

Cross-examined. I have known prisoner for twelve months and have made inquiries about him going back fifteen years. He was a man of quiet and gentle disposition, a sober industrious

man, a clever mechanic, passionately fond of his wife and children. At different times he has suffered from mental depression. When I saw him on this morning it seemed as if the shock had somewhat pulled him round, but he was all of a tremble, his eyes were dilated, and he looked strange in hit manner, but he appeared rational.

Mr. Mallinson desired to state on behalf of prisoner's friends their appreciation of the manner in which the various police officers had performed their duties in this very painful case.

ARTHUR REGINALD EATES , registered medical practitioner, Kensal Rise. On the early morning of September 7 I was called to 11, Dundonald Road. The girls, May and Florence, were both dead on my arrival. May had a severe incised wound of the throat which had severed the windpipe and the large blood-vessel; death was probably instantaneous and due to hemorrhage; the wound might have been caused by a razor. Mrs. Rogers had a cut on the left side of the neck. The baby had her throat cut. Prisoner's brother, Albert, had three deep wounds in the neck, a cut on the shoulder, and minor cuts on the hands and feet; one out on the neck only just missed the windpipe. Prisoner himself had a small cut skin deep on the left side of the neck. Prisoner said to me, "I suppose you won't tell me what I have done?" I asked, "What do you want to know?" He said, "Have I killed my children?" I told him he had. He seemed to be in a state of suppressed excitement; there was twitching of the hands and mouth, rolling about of the eyes, and his manner generally was restless.

Cross-examined. He appeared, to me to be just recovering from a fit of temporary insanity.

Mr. Mallinson shortly addressed the jury in support of the contention that prisoner was not in his right mind, and offered to call the evidence of Dr. Scott, who had had prisoner under observation during his detention in Brixton Prison. The jury intimated that they thought further evidence was unnecessary, and returned a verdict on all the indictments of Guilty, but that prisoner at the time of committing the acts was of unsound mind so as not to be responsible in law. He was ordered to be detained during His Majesty's pleasure.

22nd October 1906
Reference Numbert19061022-29
VerdictGuilty > unknown

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REYNOLDS, Frederick (23, labourer), was indicted and charged on coroner's inquisition with the murder of Sophia Lovell.

Mr. Charles Mathews and Mr. Symmons prosecuted. Prisoner refused to have the assistance of counsel.

Mrs. EMMA NEALE. I am wife of Henry Neale, builder, Para Road, Camberwell. Prisoner was in my husband's employ for two or three years, leaving about three months ago. I used to see prisoner and Sophia Lovell together constantly. They were

engaged and seemed very fond of each other. She was 18 years old. At the end of July prisoner came to me and said, "What do you mean by saying that I am not good enough for Sophy?" I said, "Because you're not." Just then Sophy came in. Prisoner told her to go upstairs; she refused. He said, "If you don't go upstairs I will do you in. I will swing for you with a good heart.' I remonstrated, and he said, "If I don't have her, no one else shan't."

HENRY LIMBOURNE , baker, Kingslake Street, Walworth. have known prisoner six or eight weeks. I became acquainted with Sophia Lovell on September 8. I spoke to her in the "Prince and Princess of Wales," in Kingslake-street, about 8.30 on that night, and left her at her home in Weston Street about 10.30. I met her several times after that. On September 10 I met her at the same public-house about eight o'clock; she was with her cousin, Annie Bristow. The three of us left together. As we were walking along prisoner came up and asked Sophy who she was looking at; she said she was not looking at him. Then he started rowing with her, and alter a time he walked away. I went walking with Sophy to see her home. We had got over the Greyhound Bridge, about 60 yards down Willow Walk; this was about 9.30. We were walking arm-in-arm. Prisoner came up behind and struck Sophy once upon the neck and twice on the face. She fell down with her head against the wall. Prisoner knelt down by her side and did something. I went to catch hold of him, but as I did I saw the blood coming from Sophy's neck. I could not see how it was caused. Prisoner said, "I swore to do it, and I'm doing it." When I saw the blood I did not know what I was doing. I staggered into the road and called for help. I said, "Come quick, he is cutting her hroat." Two men came along and picked her up, and prisoner was arrested.

ANNIE BRISTOW . I had known deceased all my life. She had kept company with prisoner for 18 months, and then they separated. I was out with her on September 10. and Limbourne was with us. As we were walking we met prisoner; he was with a man named Mott. I heard deceased say to prisoner, "Hallo, Fred." He said, "Hallo, Soph." She said, "Have you got any money, Fred?" He said, "No." She said, "Do you want twopence?" He said, "Yes," and she gave it him. They seemed friendly enough. I did not see either of them again that night.

FREDERICK MOTT , butcher, Grimer Road. Camberwell. I have known prisoner fourteen years; I knew deceased about five years; they had been walking out for a long time, and the engagement had been broken off about six weeks before this happened. He had been out of work for about a month, except for odd jobs. A fortnight before this I had a conversation with

prisoner. I told him that Sophy's sister, Mrs. Reed, had been up inquiring for him, and had said that he had been to the place where Sophy worked and set about her, and that she (Mrs. Reed) would pull his nose out when she met him. He took no notice; he said, "They're always going to kill someone." Then he said, "You do not know what comes in my mind; if she (meaning Sophy) keeps on coming in front of me laughing and sneering at me, I will set about her." On September 9 I saw prisoner at dinner tune. He said, "Who do you think is with Sophy Lovell now?" I said, "I don't know—who?" He said, "Limbourne, the baker fellow"; I said, "How do you know that?" He said, "Because I see him last night; he took her home drunk." He was very excited; he could not stand still. Next morning (10th) I saw him about nine o'clock; we met Limbourne, and we all had home conversation; nothing unfriendly passed; the girl's name was not mentioned. Prisoner was not a drunken man; I have asked him to have drinks but he has refused. At five o'clock I saw him again; he said, "I wonder what my tart is doing now"; I said, "Leave off; you'll go mad over your tart"; he said, "If you knew what comes into my head you would not say I'll go mad over her; if I see her I will set about her, but as long as she keeps out of my way she's all right.' We met again at a quarter past eight. As we were walking from Surrey Street to Kingslake Street he said, "Oh, dear, there's my tart." I said, "Take no notice of your tart, walk across the road," which we did. Sophy and Bristow, who was with her, crossed over to us. Sophy asked prisoner if he had any money. He said, "No," and she gave him 2d.; it was all friendly. Prisoner ran away across the road; I ran and caught him up; he had then re-crossed; I asked him where he was going; he said he had two or three words to say to his tart, and if she did not answer he would do it on her. I said, "Don't go over there; there is a station here, and you will get locked up, and you will have her up and down Kent Road laughing at you while you're in prison." He said, "If you knew the feeling in my head you would not try to stop me; I must have two or three words with her." With that he ran from me, over the "Greyhound" bridge. After a few minutes I followed in the same direction; I met him coming back towards me, running; he said as he was passing me, "Good-bye mate, Mott, I've done it,"

CHARLES THOMAS JONES , labourer, Willow Walk. On this evening I was in Willow Walk when I heard a scream, and went up and saw prisoner and Limbourne and the deceased. She was lying on the ground, prisoner kneeling by her side; I at first thought he was punching her. Limbourne was standing looking on. Prisoner was off before I could get up to them.

AMBROSE COOPER JONES , leather-dresser, Spa Road. On this evening I was out with last witness. I saw the girl on the

ground and helped to pick her up; she was bleeding in her throat I tied a handkerchief round and round and staunched the wound, and then went and fetched Dr. Riley. I saw prisoner running away.

ARTHUR GOODENOUGH , Police-Sergeant, M. Division. I went to Willow Walk about 20 to 10 on this night. I saw the girl lying there, unable to speak; there was a pool of blood at the place where her throat had been cut; she died within five minutes after I arrived.

OLIVER LANGTON , Police-Constable, 10M R. I was in Upper Orange Road, just opposite Willow Walk, when Charles Jones came and spoke to me. I ran in the direction of Willow Walk and met prisoner running towards the police station. I said to him, "Is it right that you have cut a woman's throat down the road?" He said, "Yes, it's all right; let me be." I then took him into custody. At the station he said, "Was not anyone there to stop me?" He was in an excited state. He had blood on his right hand and coat sleeves. During that night, while I was looking after him, he came to the cell door and said, "I don't know what made me do it, but I saw her with the other fellow. She called me names, so I hit her under the chin and knocked her down, and then pulled the knife out and pressed it into her neck and felt it go in. I then pressed it in further, and then went like this"—with his right hand, as if cutting the throat, pulling the knife away.

Prisoner. I have never said anything in the case before, but what the constable says is a falsehood—half of it. He is wrong in saying that I made motions with my hand, and in saying that when I felt it go in I pressed it in further. That is all that is wrong in his statement.

HENRY CARTER , labourer, proved finding the knife produced, with dry bloodstains on it in the garden of his house, 4, Willow Walk, at 9.40 on the night of September 10.

ALFRED NICHOLLS , Detective-Inspector, M Division. On September 10, at 10.30 p.m., I saw prisoner at Orange Road Police Station. I said, "I shall charge you with the wilful murder of Sophia Lovell, aged 18, by cutting her throat with a knife at Willow Walk at 9.30 p.m. this evening," and I cautioned him. He said, "Good God, don't say she is dead." I said, "Yes." He said, "If so, I will tell you how it happened. I threw the knife over a garden." I showed him this knife, which had been handed to me. He said, "That's the one I did it with. I will take my punishment for it" I found on him one shilling and fourpence in coppers.

REGINALD PRYNNE MARSHALL , Divisional Surgeon. M Division. On September 10 I was called to Willow Walk, where I found upon an ambulance the dead body of a woman. On the 11th I made a post-mortem examination. The organs were

healthy. The last part of the index finger of the left hand had been cut off and was missing. There was a severe wound in the throat, 4 1/2 in. long, from right to left, extending into the gullet above the windpipe, and there were nine smaller wounds. The cause of death was lost of blood and shock. The knife produced might have caused the wounds. A great deal of force would be required to inflict the principal wound.

WILLIAM JAMES LOVELL , labourer. Deceased girl was my sister. She was 18 years old. She was a domestic servant. On September 18 I went to the mortuary and identified the body.

Prisoners statement before the magistrate: "The young man with Sophy Lovell made no more attempt to stop me than the floor I am standing on. As to Mrs. Neale, it is false that she taw scratches on Sophy's face."

Prisoner said he had no witnesses to call, and nothing to say.

Verdict, Guilty. Prisoner, called upon in the usual manner, again said that he had nothing to say. Sentence, Death.

22nd October 1906
Reference Numbert19061022-30
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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MACHEN, William Henry (33, labourer) pleaded guilty , to feloniously causing to be received by Henry Cavell Beavan a letter, knowing the contents thereof, threatening to kill and murder him. Sentence, Two months' hard labour.

22nd October 1906
Reference Numbert19061022-31
VerdictNot Guilty > no evidence

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BENTLEY, Annie North (34, laundress), was indicted and charged on coroner's inquisition with the manslaughter of Thomas Joseph Bentley, a child 18 months old.

Mr. W. B. Campbell, for the prosecution, said he had considered the evidence, and it was probable that he would be unable to establish such a case of neglect of the child as would amount to manslaughter. Moreover, while the child was living, prisoner had been charged at the police court, under the Prevention of Cruelty to Children Act, with neglect of the child, and sentenced to four months' hard labour. Under the circumstances, the prosecution proposed to offer no evidence. A verdict of "Not guilty" was accordingly entered.

NEW COURT; Thursday, October 25.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-32
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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ECOBICHON, Wm. Alfred, otherwise Rowland Weldon (33, no occupation) , forging and uttering a certain authority and request for the payment of money, to wit, a notice of withdrawal for the sum of £3 19s. 4d., with intent to defraud; forging and uttering a certain receipt for the sum of £4 5s. 2d., with intent to defraud.

Mr. Forster Boulton, M.P., and Mr. Horace Fenton prosecuted; Mr. C. Wertheimer defended.

HENRY WILLIAM HULSMANN , dental mechanic, now residing at Scarborough. Towards the end of the autumn of last year I came up to London. I had the sum of £3 19s. 4d. in the P.O. Savings Bank, and left the book at home with my parents, my father having businesses both at Middlesbrough and Scarborough. In February of this year I met Ecobichon, and after having lived in Charles Street went to board with him in Bedford Place. The book was sent by my uncle to Ecobichon, who was acting as my guardian, when I was thinking of going to Canada. Prisoner asked me to fill in the withdrawal paper, but I refused, and gave him no authority to sign it. Some time in March I asked him for the book because I wanted the money. He showed it to me. The amount had not then been withdrawn. On changing from Bedford Place into Guildford Street I found the book was missing. Prisoner said he had it, and could give me the key so that I could go to Bedford Place where his luggage had been detained for the rent, and get it from hit box. I told him I should not be allowed to do so unless he gave me a note to Mrs. Gibson, and he gave me a note. I went to Bedford Place, but the key would not open any of the boxes. When I spoke to prisoner about the matter he said he had only told me that to get rid of me; he had not got the book, and knew nothing about it. On the next occasion I saw him he promised me the money. He went abroad, and I had a telegram from him from Paris. Afterwards I met him in Piccadilly. He admitted he had had the money, and said he would pay back the Post Office. I think that was in July. He said he had a business in Holborn he was going to sell, and he would pay my money back to the Post Office out of the money he received from that. I said, "You cannot do that," and he then said he would pay my uncle back. I next saw my book at the General Post Office. I applied there, and told them I had lost my book after prisoner had given me to understand that he had stolen it. The notice of withdrawal and the receipt produced are not in my handwriting. Prisoner paid my board when I was living at Bedford Place with the money furnished to him by my uncle for that purpose.

Cross-examined. Prisoner was my guardian. My uncle introduced me to him outside Marylebone Police Station, where I had been detained on a charge of stealing, but was not prosecuted. The name of the gentleman who would not prosecute was De Beaudemont, whose valet I had been. The understanding was that prisoner should try to get me into the army, but I could not get into the army because of the other affair. I was trying to get work, and he tried to get me work to a certain extent. My uncle did not trust me, so he gave prisoner charge of everything. My father was maintaining me at the time, but everything was done through my uncle. Father gave uncle

authority to do anything he liked. Prisoner supplied me with money which he received from uncle. I made the deposit in the Savings Bank in 1895, when I was a school boy. My uncle sent the book to prisoner when arrangements were being made that I should go to Canada, but afterwards I would not go. The money in the Post Office was not to be given me when I left but after I landed in Canada. My objection to going to Canada was that I saw in a letter from my uncle that the £4 was going to be put towards my fare, and I was not to have it when I landed. I thought my uncle was fighting against me. Prisoner was turned out of Bedford Place because he had not paid his money. Prisoner told me before I misted the book that he would not give me the money because he was afraid I would spend it on myself, and he was not in funds and wanted the money for me. I never consented to prisoner keeping the deposit book. I was jolly annoyed at it being seat to him; it was my property. I did not expect to live on him for charity; I understood my uncle was sending money to keep me. The first occasion when prisoner told me he had got the money from the Post Office was when I met him in Piccadilly. With the exception of this matter I think prisoner has treated me in the kindest and most generous possible way. He took my coat out of pawn once and I went and put it in again.

To the Recorder. When I went as valet to De Beaudemont I had been out of work quite a month. Previously I had worked as a dental mechanic for Mr. Frost, of Peckham, but I was not quite advanced enough for him, and instead of going home to my parents I got this position as valet. I had no knowledge of the duties of valet, but I happened to know De Beaudemont. He is supposed to be one of two brothers who have a lace manufactory in Brussels. I was about a fortnight with him. He owed me 5s., and I ran away with all his jewellery, about £55 worth, which I pawned, and with the proceeds went to Paris. I gave myself up in London after I had spent the money. I do not know how it was that De Beaudemont did not continue to prosecute me for this impudent robbery. My uncle, who is a surveyor in the Customs, then got Ecobichon to try to keep me out of mischief. My uncle did not know prisoner, but De Beaudemont did, and we happened to meet outside the police station.

WILLIAM HENRY RICHARDS , 15, Carlisle Avenue, the Hoe, Plymouth, surveyor of customs, examined by Mr. Boulton. On March 18 last I sent my nephew's Post Office Savings Bank book to prisoner. I had received it from his father, and as far as I can remember I sent it to 15, Bedford Place. I made his acquaintance on February 22. when I met him outside Marylebone Police Court under the circumstances detailed, and asked him to look after my nephew. The interest evinced by "prisoner in my nephew caused me to think that he

would do something towards keeping him in order and obtaining a situation for him. Prisoner was introduced to me by De Beaudemont as a friend of his. Prisoner suggested to me that my nephew might have an opportunity of getting into the army, and we went down to, I suppose it was, Charing Cross Barracks in a hansom. On the way down prisoner was counselling my nephew what to do and what he ought to avoid in life, so much so that I certainly thought prisoner was a very good man. He could not be enlisted that day; there was some form to fill up. and I asked accused if he would go down with him next day as I had to leave for Portsmouth. As far as I know he did go down, but even so my nephew was unable to get into the army. Then, in a manner of speaking, he was left in the care of this man, and I undertook to supply any reasonable funds for his keeping. No sum was agreed upon. I only left a small sum then. I paid for a night's keep in advance at some place in one of the squares, 2s. 6d. I think it was. From February 22 up to the time this charge was brought I think the money I sent to prisoner exceeded £21. The bulk of it was paid with the object of getting my nephew sent to Canada. The fast amount sent was £5, with a view to paying his passage, and the day following I sent the savings bank book. From time to time in his correspondence prisoner stated how portions of the money had been spent, and I was satisfied up to a certain point. Prisoner did not return a halfpenny of the money sent for the passage money. I gave prisoner no authority to withdraw the money from the Post Office. Prisoner wired asking for £9, saying that with what he had in hand that would be sufficient to ship my nephew off to Canada, As far as I can recollect, that would be on March 17, and the amount was made up of £5 and the £4 contained in the book. I do not think that was giving prisoner authority to withdraw the amount. It was still forgery if he withdrew the money under his own signature. I sent the book to the accused, with the request that some arrangement should be made that the money should not be handed to my nephew until he actually landed in Canada, I thought if possible that on production of the book in Montreal or Quebec the matter might have been negotiated there, or it might possibly have been done through the captain. In my opinion, the handwriting on the notice of withdrawal and on the receipt is that of the accused. There was no remuneration promised for looking after my nephew, but remuneration would have been given.

Cross-examined. I know from correspondence that prisoner went to the Salvation Army to make arrangements for my nephew to go to Canada. I have seen a good deal of the handwriting of prisoner, having had many letters from him.

To the Recorder. I think I can give a reason why De Beaudemont was unwilling to prosecute. The boy's father and myself

came to London when we knew he was in trouble, and I gave what may be taken as an undertaking to De Beaudemont that whatever loss he had sustained through what the boy had done he should be compensated. Accordingly, I sent De Beaudemont £20. The magistrate, of course, was not told that I had squared the prosecutor.

Sergeant JOHN MCEVOY, E Division. I arrested prisoner at Brighton on July 24. I told him 'he would be charged with stealing a Post Office Savings bank book from 15, Bedford Place, and, further, with forging a request for the repayment of money at the Charing Cross Post Office for £4 5s. 2d. (being the amount of the deposit with interest). He said, "Yes; quite right." On our way to London prisoner made this further statement: "I met Hulsmann about three or four weeks ago. He told me you were looking for me and had been to my house." I said, "I have not been there." Prisoner, continuing his statement, said: "He gave me to understand it was you. I got mixed up with a certain set and they drove me to it I was jolly uncomfortable since I heard you were looking for me. I shall be glad when it is all over. I got the withdrawal paper from the Post Office and asked the boy to sign the authority for me to draw the money as he was not of age, but he refused, so I went and drew it myself, thinking that I could replace it in a short time. I did not steal the book as it never left my possession. His uncle entrusted me with the took and the care of the boy. I never parted with it." I took him to Bow Street where he was charged. On July 27 I went to Bedford Place and with keys found upon prisoner I opened some boxes. The boxes had been detained by Mrs. Gibson, the lodging-house keeper, for payment of an account for board and lodging amounting to six guineas. I produce some letters and a diary which I found in prisoner's portmanteau. On August 1 at Bow Street Police Court I showed the diary to prisoner who admitted that it was in his handwriting and said, "It shows when I first took Hulsmann and the money I had from Richards and how I have spent it." Amongst other items under the date of March 24 there is this entry: "Letter from Richards re Hulsmann's book. P.O. Replied." Following other entries it goes on, "H. refuses to sign P.O. Book. Acted accordingly. He writes his mother and uncle re Canada." The notice of withdrawal and receipt are in the handwriting of the prisoner. The diary also shows the amount of money received on behalf of Richards to be £21 10s. He seems to have made double entries of some of the amounts. There are a few entries of disbursements, about £6 for board and lodging in Bedford Place, and there is an entry as to taking Hulsmann's coat out of pawn and one or two things like that.

The Recorder. What reason was given to the magistrate for this prosecutor, suddenly dropping this charge after the man had been locked up for a week?

Witness. I might mention, in the first place, that the boy gave himself up to the police, and when De Beaudemont was approached he was very unwilling to come forward, but said he wanted to get his jewellery back. He signed the charge-sheet and attended the police court, but only evidence of arrest was given on the first occasion. The lad was remanded for a week, and subsequently application was made to allow the charge to be withdrawn, De Beaudemont having private reasons for not wishing to appear in a police court. He was too well known to the police. The sheet was marked "no prosecutor," and the boy discharged.

Cross-examined. £10 of the money, spent by Richards was disbursed at No. 10, Bedford Place, where prisoner owed a considerable amount, prosecutor being at No. 15. Prosecutor's goods were detained at 15, Bedford Place, until April 30. When I arrested prisoner I told him I was a police officer. On the Journey from Brighton to London prisoner was talking nearly the whole time but what he said was quite immaterial and would not benefit him in any way. Amongst other things he asked me particularly not to mention the address of his wife, as he did not want it to get to other people's ears. His wife his not been living with him for a very long period. I consented not to cause the prisoner any more trouble of annoyance than was necessary in the course of my duty. He spoke absolutely without any encouragement from me.

RICHARD TENFIELD , telegraphist at Charing Cross Post Office. On March 20 the deposit-book produced was produced to me. I handed the man a form of notice of withdrawal by telegraph to fill up. I do not recognise the prisoner. He filled it up and returned it to me and gave me the book. The telegram was forwarded to the Savings Bank Department, and we received in reply instructions to prepare this receipt.

THOMAS H. W. PARSONS , telegraphist at Charing Cross Post Office, deposed to the payment of the amount of the deposit £3 19s. 4d., with interest £4 5s. 2d., on March 20 last to a man he did not identify.

Verdict, Guilty. Prisoner confessed to a previous conviction at Winchester Assizes, for forging a order for £40, on March 19, 1900, the sentence being four years penal servitude.

Sergeant MCEVOY, recalled. Prisoner was liberated on November 27, 1903. He reported to the police until November 18, 1904, but only occasionally, as he was sometimes abroad. He is a very well-educated man and speaks three or four languages. When he was liberated I understand that neither his wife's friends nor his own friends would have anything to do with him. He has one child, six years of age. A situation was obtained for him at a theatre in Brussels, but he got into difficulties there with his money dealings. After that

he was constantly travelling between this country, France, Belgium, and Germany, and during the time he was on license only reported three months out of twelve to the police. For a time he ran a sort of school as a linguist at Featherstone Buildings the money having been found by a gentleman he is said to have blackmailed to the extent of £400 or £500, but the place came under the notice of the police because of the alleged practice of sodomy. Prosecutor met prisoner and De Beandemont in PicCadilly, where they were no doubt for the purpose of soliciting. He was then out of a situation, and they followed him down the Strand.

Prisoner denied the allegation of blackmailing, and said he was induced to go into the Featherstone Buildings scheme by his partner, who was a Cambridge man.

Sentence, Eighteen months' hard labour.

22nd October 1906
Reference Numbert19061022-33
VerdictGuilty > pleaded guilty

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DOREY, Julia Kitty (36, no occupation) pleaded guilty , to feloniously marrying James Appleton, her husband being then alive.

Mr. Shearman Turner prosecuted; Mr. Bickmore defended.

Prisoner (who gave herself into custody) was married in 1895 and lived three years with her husband. In 1901 she married Appleton, from whom she is now separated. She had been in custody since September 4. Sentence, four days' imprisonment.

22nd October 1906
Reference Numbert19061022-34
VerdictGuilty > pleaded guilty; Not Guilty > unknown
SentenceImprisonment > hard labour

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NICHOLSON, George (23, painter), CRONIN Michael (25, painter). WILCOX, Charles (26, painter), pleaded guilty, and BALBY, Albert (27, glass beveller), pleaded not guilty to stealing a watch, the goods of Thomas Campbell Walter, from his person, and feloniously receiving same.

Mr. T. C. Rogerson prosecuted. Mr. Purcell defended Balby.

FRANK KNIGHT , Detective, City Police. On October 1 I was in Plymouth Street about quarter-past 12 in the day time, when I saw these four men going towards London Wall, Nicholson in front, Wilcox and Cronin together, and Balby a short way behind. They went into London Wall, crossed the road outside the Post Office, and walked to Messrs. Carter Page's shop, where they all joined. They got round prosecutor, Balby in front stooping down to look at the flowers in the window, Wilcox on his left, Cronin behind him, and Nicholson behind Cronin. I saw Wilcox's hand go to the gentleman's chain, something was taken off and handed to Cronin, who in turn handed it to Nicholson. Wilcox, Cronin, and Nicholson then walked down Copthall Avenue, followed shortly afterwards by Balby. At the bottom of Telegraph Street they all joined and walked through a court into Tokenhouse Yard, where they met again. They then separated into pairs and went into Lothbury, two on one tide and two on the other, and went into a urinal. I called to two uniform officers, and as Cronin came up on one side I handed him over to an officer, and as Wilcox came up on the

other side I handed him over to an officer. Balby I handed over to another officer, and I then went down into the urinal and arrested Nicholson, and brought him up to the street, where he threw away the watch produced, which was picked up by a sergeant of the A Division. The bow was missing, and was found on prosecutor's chain when his attention was called to it. They were taken to the station, and I found the bow produced on Balby.

Cross-examined. Prisoners were all strangers to me. Blomfield Street is not a particularly busy street. It leads from Liverpool Street to London Wall. After the robbery Balby remained at the shop about a minute.

THOMAS CAMPBELL WALKER , 144, Green vale Road, Eltham, cashier, deposed to his watch having been stolen at midday on October 1 whilst he was looking at the dahlias in Carter Page's shop. The bow was left on the chain.

Detective KNIGHT, recalled, to Mr. Purcell. At the station Balby said he had picked up the bow which was found upon him. Balby has been on bail until this morning.


ALBERT BALBY (prisoner, on oath). I live at 27, Drysdale Street, Hoxton, and am in the employment of Mr. J. James, glass beveller, Edward Street, Hoxton, and his foreman is here to speak to my character. I have been working for him for over five years. Before that I was working for my brother, who is in the same line of business, and for nearly twelve years I was almost constantly in his employ. I was not at work on the morning in question, because Mr. James had no work for me to do. I left Mr. James's shop at about eleven o'clock, intending to go over the water to another glass beveller's near the Blackfriars Road. On the way I met Wilcox, whom I have known for about three months, close by Carter Page's. I went with him to have a drink, and afterwards went down Copthall Avenue, and through several other streets. We then went into a urinal, and as I came up I was arrested. I was with Wilcox about three minutes. I asked the constable what I was being locked up for, and he said, "I do not know." I was taken to Moor Lane Police Station, where the other prisoners werebrought in. I reached across Wilcox, and, pointing to Nicholson and Cronin, said to Knight, "I do not know these people." He said." Shut up." When the bow was produced I stated that I had picked it up.

WALTER MULBERRY , traveller to Mr. J. James, of Hoxton. I have known Balby about four or five years. He works for Mr. James about two or three days a week, and lives close by. If he gets out of this Mr. James will give him a permanent job as from last Monday. Mr. James knows of this charge. Prisoner was working for him yesterday.

JOSEPH BALBY , Harwar Street, Kingsland Road, prisoner's brother, deposed that prisoner Balby worked for him and had always borne a good character as an honest, hard-working young man.

Verdict, Not guilty against Balby. Previous convictions against the other three prisoners having been proved, each was sentenced to twenty months' hard labour.

22nd October 1906
Reference Numbert19061022-35
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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WAKE, Wm (17, labourer), . feloniously shooting at George Davis with intent to do him some grievous bodily harm.

Mr. C. W. Nicholson prosecuted.

GEO. DAVIS , 12, Lucas Street, Bethnal Green. On the evening of Saturday, October 6, I went to the Ship public-house in company with my wife, my sister, and her young man. When we left I heard the people coming out of the Paragon. As we were standing in the middle of the road saying good night, from ten to fourteen young chaps were coming along and one turned round and said, "Here you are, Bill; here is Davis; we will kill him." I believe it was Ware said that. With that two shots were fired. None of the shots bit me. I saw (prisoner take something out of his pocket and point towards me. With that they all ran away, and the policeman came up. I did not know them at all. On the Sunday before that they got me on the ground and kicked me, and I had two black eyes.

MARY DAVIS , prosecutor's sister, deposed to hearing prisoner say, "Here is Davis; let us kill him." He said, "Boys, fire." They said, "You fire first," and with that he took a revolver from an inside pocket and fired twice. A little later on she (pointed out prisoner to a constable. On September 30 prose. cutor was kicked by prisoner and some more of them.

WM. ROSE , P.C. 442 H. I was "on duty at Stepney Green on 6th inst. in the evening. I heard two reports of firearms about 25 minutes past 11 I went in the direction of the sound and saw a large crowd running away. Prosecutor said, "I have been fired at." I followed the gang to Stepney Green, and when we got into Ben Jonson Road, about 300, yards away, Davis pointed out the prisoner to me and said, "That is the man who fired the shots." That was about 10 minutes after the shots had been fired. I took prisoner into custody, and he said, "You have got the wrong man. I know where I was at the time." I took prisoner to the station where he said, to prosecutor. "The shots did not go by you; they went into the garden." There is an enclosed garden on Stepney Green. I searched the gardens, but found no trace of revolver shots. I have not been able to recover the revolver.

Verdict, Guilty. According to the police evidence prisoner was a dangerous hooligan and a member of what is known as the Donkey Row Gang.

Mrs. WARE, prisoner's mother, called on his behalf, gave her son a good character. His elder brother is in the Royal Engineers and prisoner in the Militia.

Sentence, Six months' hard labour.

22nd October 1906
Reference Numbert19061022-36
VerdictsGuilty > unknown
SentencesImprisonment > hard labour; Imprisonment > hard labour; Imprisonment > hard labour

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CROSS, Percy Watson (20, labourer), CROSS, John (30, barber, and , CROSS Mary Ann (48, no occupation), all stealing five skirts and other articles, the goods of Clara Christy, and feloniously receiving same; John Cross feloniously receiving a watch and chain, the goods of Ethel E. Coles, well knowing them to have been stolen.

Mr. Harold Morris and Mr. C. W. Nicholson prosecuted; Mr. Morgan defended John Cross and Dr. Rhys the other prisoners.

CLARA CHRISTY , married, 221, High Street, Kensington. I have a costumier's shop. On December 17 the premises were entered while I was away. The shop is locked up when we go away, and this occurred between Saturday and Monday. Access was obtained from a staircase that would be open on Sunday. The value of the property in the indictment is about £100, but the total value stolen is £160. (Witness proceeded to describe the property.)

Sergeant HERBERT GUAY, P Division. About half-past one in the early morning of September 29, after the prisoner, Mary Ann Cross, had been arrested, I went with Sergeants Clarke and Holdaway to No. 8, Charlton Street, where prisoner John Cross lives. In the back parlour when the door was opened I saw prisoner, his wife, and two children. I told him we were police officers, and believed he had some stolen furs in his possession. He said. "No, you will find nothing here." We then looked over the room and searched the premises. When we came to the back basement I asked him whom it belonged to, and he said he let it to a man named Cohen at 3s. per week furnished. We Knocked and got no answer, but from a cupboard at the back we were able to make an entry. The room was unfurnished. In a corner was a small zinc bath piled high with dirty linen. I asked him if that room was his He said, "Yes." We turned the linen over and underneath it we found the articles described in list R viz., one skirt one coat, two fur jackets, of the value of £8 5s. 11d. Prisoner's sister was with us when we arrested her mother and brother and preceded us when we went to this place. I asked prisoner, John Cross, where he got them from, and whether he could produce receipts. He said, "I have lift the receipts upstairs." We then went upstairs to his bedroom, but he could not produce receipts. He said that he had bought them in a said room, and they did not give receipts there.

Cross-examined by Mr. Morgan. All the things have since been identified except one coat, and I have no reason to doubt that does belong to prisoner's wife. There is nothing extraordinary about the articles except that they are new. I know that John Cross has been in the army and has borne a good character up to now.

Sergeant ARTHUR CLARKE, C. Division. On September 29 I saw the female prisoner and Percy Cross in Great St. Andrew Street. Prisoners are all related—mother and two sons. I was with Sergeant Gray and Detective Holdaway. I said to the female prisoner, "I believe you have some stolen property in your rooms." She said, "All right, Mr. Clarke. I have seen you twice before this evening. I wondered what you were after." I then went to 37, Great St. Andrew Street, to a room on second floor, which the female prisoner occupied. She said, "You can see we have nothing here." I made a search, and under the bed she slept on I found the two boxes produced. I pulled out an ordinary wooden trunk and asked whose it was, and Percy Cross said, "That is mine." I said, "Where did you get it from?" He said, "It was sent to me by my brother who is in India, in the East Lancashire Regiment." I observed that there was a label on it, "W. Seaward, 36, Porten Road, West Kensington." I said, "Was this label on when it came to you?" He made no answer. There is someone of that name living at that address to whom the box belongs. I pulled out the second box, whereupon Mrs. Cross said, "There you are. You have got all you want here. We have got nothing more." I examined the content of the two boxes, which are set out in List A, 11 costumes, one blouse, five skirts and 12 coats. The garments were all new. When subsequently charged with stealing and receiving prisoners made no reply. I afterwards went to 12, Charlton Street, where prisoner John Cross lives, and searched the premises with Sergeant Gray. When we asked for the key of the room in the basement John Cross said it was let to a man named Cohen. When we subsequently managed to get into it we found it devoid of all furniture except the tin bath already mentioned. It is about a mile and a half from Great St. Andrew Street. There were two beds in the room, and the boxes were under a double bed, which I presume Mrs. Cross and her daughter slept in, the other bed being occupied by Percy Cross. I know that John Cross had been in the army, but I could not say that he was discharged on September 23.

(Friday, October 26.)

JOHN CROSS (prisoner, on oath). I live at 8, Charlton Street, and am a dealer and book maker. I have served in the Army for over eight years, and four years in the Reserves. I produce my discharge, but the character that was with it has got lost.

It was good. I have been employed by Messrs. Spiers and Pond for about 12 months in their fruit department. This is the first time I have been in trouble. On September 26 last I went to Bullocks Sale Rooms, High Holborn. I there saw a man named Hall, whom I knew as a dealer, and I bought the articles in question here of him for £6. He is not here. I bought them to sell again. He gave me a receipt but I cannot find it. It is untrue that I received them knowing they were stolen.

Cross-examined. I did not tell the police that I had no receipt with the goods when I bought them as they were brought at a sale. I had a tenant named Cohen; he rented a room," but he had left the morning the police came. His door was not locked. The officers went into the room through an opening in a cupboard. The things were found in a bath covered over with linen my wife being frightened put them there with other clothes. I am a bookmaker as well as dealer. I had some Cross-examined. I did not tell the police that I had no money when I left the army.

Verdict, each Guilty. Mary Ann Cross confessed to a conviction for felony at the Marlborough. Street Police Court on October 10, 1899.

Sergeant CLARKE, recalled. Mary Ann Cross received twelve months' hard labour on October 10, 1899. She is the wife of John Cross, who is now undergoing seven years' penal servitude for feloniously receiving stolen property. There very little doubt that for many years past she has been engaged with her husband in receiving stolen property. There is little doubt that the prisoner John Cross has been buying stolen property since he left the army.

Sentences, Percy Cross, Six months' hard labour; Mary Ann Cross, 18 months' hard labour; John Cross, Nine months' hard labour.

THIRD COURT; Thursday, October 25.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-37
VerdictsNot Guilty > unknown; Guilty > unknown
SentencesImprisonment > hard labour; Imprisonment > hard labour; Imprisonment > hard labour

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THOMPSON, James (45, waiter); ROWE, William (40, steward); WRIGHT Alexander (41, waiter); and GOSLING, James, otherwise TIDDLER (42, clerk). Thompson, Rowe, and Wright, conspiring and agreeing together to sell certain goods—to wit, wine, to which a certain false trade description had been applied; unlawfully selling to Frederick Francis Tilling certain goods—to wit, 12 bottles of wine, to which a certain false trade description, to wit, "1898 Brut Imperial Moet and Chandon," had been applied; unlawfully having in their possession for sale certain goods, to wit, the said 12 bottles of wine, to which the said false trade description had been applied; Rowe unlawfully having in his possession a bottle of wine to which the fake trade description "Moet and Chandon" had been applied; Thompson and Rowe conspiring and unlawfully selling to Maud Tweed six bottles of wine to which the false trade description "Heidsieck and Co. Dry Monopoly 1898" had been applied; unlawfully having in their possession the said six bottles of wine; Thompson and Gosling conspiring and unlawfully selling David Goldstein two bottles of wine to which the false trade description "Heidsieck and Co. Dry Monopole 1898" had been applied; unlawfully having in their possession the said two bottles of wine.

Mr. Bodkin and Mr. Travers Humphreys prosecuted.

CHARLES J. OWEN , managing clerk to Mr. David Hamlin, wine merchant, 43 and 45, Great Tower Street. I have known Thompson about two years. I also know Rowe and Gosling. I have known Rowe by the name of Willis nearly two years. Both Thompson and Rowe have bought wine sold Hamlin known as Le Maille and Co., a bottle of which is produced. It is a Saumur wine. This is the way it is always got up. We sell it at 2s. 1d. per bottle. I produce a list of the bottles of that wine sold by us to Thompson during 1906, beginning January 2 and ending September 5. I sold similar wines to him during 1905. sometimes he bought one two bottles at a time. The total amounts to 42 dozen and three bottles, £56 10s. Thompson said he was a waiter. He was supposed to get orders for us. Rowe, or Wills, did not tell me what he was. I also produce a list of Le Maille and Co. wine sold to Willis, starting on May 5 and ending September 8, altogether 63 bottles and 29 half-bottles. I think Gosling only came into our place three times, the first time being last winter. He said he was a meat salesman at Smithfield Market. He took away with him a small sample of brandy only. The cork attached to the bottle produced to me is out of one of our Le Maille and Co. bottles; it had a crown on it at the bottom. At the police court I tasted the contents of three bottles, and recognised them as Le Maille and Co. wine. The cork on this other bottle produced to me is also out of one of our Saumur bottles, and has the crown upon it. I tasted it, and it was Le Maile.

Cross-examined by Thompson. I know a man of the name of Ward. I have known him about two years. He has been in the habit of buying our wine. I cannot say how much without referring to the books. He owes us now for a few bottles, about three or four. When you came to our office on the first occasion two years ago Hamlin offered you some inducement if you could introduce business. I think he offered you 10s. a week as traveller, but not for selling Le Maille, but brandy. There were no other purchases by you besides the 42 dozen and

three bottles. In some cases the goods were sent direct to the people, and when we re received the money we gave the balance of the over price to you as your commission. Sometimes you came to the office and took tie wine from the counter. When you got an order it was sometimes taken over by one of our men to your customer, who paid the money to our men as a rule on delivery. I have on many occasions sent my junior clerk with you and you have handed the money to him from the customer, deducting your commission. In one instance there was a cheque. I have also sent wine at your instructions by Brand and Mitchell the trade carriers. Brand and Mitchell collected the money, we giving instructions to them not to leave the goods without receiving the cash. You have had the commission a day or two afterwards. We are continually receiving shipments of this wine. I do not think we have ever had a shipment with "1898" round the cork. I do not see "1898" on the cork which you hand to me.

By the Court. We do not have the year of the vintage marked on the cork.

Cross-examined by Gosling. You never bought any goods at my place.

Cross-examined by Rowe. I believe you told me yourself your name was Willis. At all events, you were always referred to at Willis.

By the Court. I do not think I called him Willis to his face. It was very seldom we called anybody by their name. His name was put down in our books as Willis, and I believe he said that was his name. I never gave him receipts. His name was in the books as Willis, but he never saw those books.

Cross-examined by Wright. You have never bought wine from us, and I do not know you.

Re-examined. Thompson sold Le Maille for us for about two We did not sell a case to him: on his own account. We did sell him as much as a case, leaving him to take it away in driblets. If we sold him a dozen in one day it would all go down in one figure. I have made out copies of some invoices of goods which we sent direct to customers. On March 8 there are four cases (£4 19s.) sold. Thompson took our man to the place and the money was paid; we did not have the customer's name. I could not say whether they were sold to himself or to a customer of his. I have an invoice for six cases and four on June 16. They went to the "Angel," Coldharbour Lane, per Brand and Mitchell. On August 24 there are three cases, £4 7s., which went to a customer through his agency. In all probability the larger ones were to such customers. Most of the smaller lots he took himself. We do not call Le Maille champagne; it is Saumur wine. It is made precisely in the same way, but in a different district, and the nature of the soil makes

it different. It is known in the trade as a thoroughly distinct wine.

Thompson here stated that he was not in London on June 16. He had not seen the list which had been referred to. Witness laid; The transaction would be booked when the carmen brought the money. Prisoner gave us the whole 2s. 1d.; what ever extra he got was his. The goods on Jane 16 went to the "Angel," Coldharbour Lane, by Brand and Mitchell, and they brought the money the next morning.

FREDERICK FRANCIS TILLING , landlord of the "Hand-in-Hand" beerhouse, Meadow Row, Southwark. Thompson called on me on August 30 last about 10 a.m. I had never seen him before, nor Ward who came with him. Thompson said, "I hear you with some Moetand Chandon." He said he could do it for me. He asked me if Heidsieck would not do at well, and Isaid, No. I said I would have one dozen Moetand Chandon, £3. He said he would send it on by our van." He gave me no name or address nor any description of himself: he merely said I was to pay no one else but him. The wine was supposed to come on the following Monday, September 3. Thompson came again on September 1, about 10 a.m., and said he was sorry the wine had not been delivered, because it had been promised for the next day. He called on the Saturday and excused himself, and said it would be delivered on the Monday. He also offered to sell me some port wine. He said he had some at 3s. a bottle which he could sell me for 1s. 6d. He gave me no description of it, and I did not have any. The Moetand Chandon did not come on the Monday. On September 6 Rowe came and said it would be delivered the next day. On the next day Wright called bringing five bottles of champagne. Sergeant MacPherson was in the house. Wright said he had brought five bottles, and if I paid him for them he would bring the other along. I told him that Thompson said I was to pay nobody else but him, and I demurred from paying. Wright said, "It is all right; you pay me and I will settle with Thompson." I handed the five bottles to Sergeant MacPherson. I paid Wright 25s. for them. Sergeant MacPherson wrote out the receipt, and Wright signed it. It reads, "Received on account for 12 bottles of Moetand Chandon, 1898, £1 5s.—A. Wright." The five bottles remained in MacPherson's possession. Wright brought them about 6 o'clock p.m. I saw him again about 10 p.m., when he brought the remaining seven bottles in a bag and a parcel. I did not open them. Inspector Kemp was in the house then and I save them to him. I paid Wright for them and got this receipt, "September 7, 1906; received from Mr. Frank Tilling the sum of £3 for one case (one dozen) of Moetand Chandon, 1898, pro Thompson, A. Wright." I demurred against paying him on the second occasion,

but he said it was all right, if I paid him he would settle with Thompson. I believe he said he was going to see Thompson at the "Rockingham," a public-house near the "Elephant and Castle." I have seen the dozen bottles at the police court. I handed them all to the police. The bottle now produced to me has the appearance of one of them, but I could not swear to it. They were marked like this one round the neck, "Cuvee '98; Moet 1898."

Cross-examined by Thompson. I knew Ward a few days before he came with you. You offered me two dozen of port wine for 18s. a dozen. I said, "No; I cannot do with port; I want 12 bottles of Moetand Chan don. I do not know the price of Moetand Chandon as I have never bought it. I do not know whether it is impossible for you to supply a case for £3. I swear you offered me Heidsieck champagne for sale. I only saw you on two occasions, Ward came with Wright when he brought the five bottles of champagne, I did not see Rowe that; night at all. I could not say whether Ward left the house for about half an hour. I do not remember Ward telling me in the presence of Wright, "I have seen Thompson; it is all right; Thompson says, 'Pay Wright the money, and he will sign the bill.' "I have no recollection of Ward going to the "Elephant and Castle" with the intention of meeting you. I believe both Ward and Wright went away together. Ward came with Wright when he brought the other seven bottles. I could not say whether Ward left the house then. I made out the invoice. Wright authorised me to write your name on the invoice. You told me not to pay any body but yourself. Wright came and assured me that it would be all right if I paid him. He told me he was receiving it in conjunction with you, and I made out the receipt. Ward who had brought you also came with Wright. Ward was there when Wright signed the bill. Wright picked the money up. I did not know that Ward was in the employment of Moetand Chandon at that time. I expected you to sell me a case of Moetand Chandon for £3, although I would not buy two dozen of port from you. I got the champagne from Wright, not from you. I never saw you afterwards.

Cross-examined by Wright. I was in the bar when you and Ward brought the five bottles of champagne. I had met you once previously with him in the City. On that occasion there was no attempt at a transaction with regard to wine. I met you outside the "Monument" public-house. Ward and I went into the public-house and had a drink and Ward went out and brought you into me, and introduced you as a friend of his. You sat down and never said another word. The next time I saw you was in my house with Ward when you brought the five bottles of champagne. I do not know whether you or Ward said, "I have brought five bottles; the other seven will come

on to-night," but you were carrying the wine in a parcel. You handed it across the bar to me. I do not know who spoke about paying the £1 5S., but it was mentioned. You were both in company. I said, "I was to pay no one but Thompson." I do not remember you saying, "Thompson has nothing to do with this whatever." I went in and had a conversation with Sergeant MacPherson, and he told me to pay the £1 5s. You signed the receipt and Ward said the seven bottles would be brought the same evening, or you said it. I did not ask you if you had any more of the wine. About 10 p.m. you and Ward brought the other seven in one parcel and a bag. I do not remember whether you carried one and Wright the other. I took the seven bottles inside. I kept you waiting for the money some considerable time. You called me over and said, "Will you pay us?" Ward may have said, "Come on; I want to speak to you." I did not go out of the bar with him. I never left the bar, but I was in the house.

By the Court. I said before the magistrate." I did hear Wright tell me that Thompson had nothing to do with the transaction. He may have said so on one occasion.

By Wright. I do not remember ward saying to me when I came back into the bar, "I have seen Thompson and it is all right; you have got to pay Wright." I did say to you, "I cannot pay you because I do not want Thompson to come here for the money again to-morrow morning." You did not tell me again that Thompson had nothing to do with it. You said you would divide it, that you would settle with Thompson. I do not remember Ward telling me. to make out the receipt in Thompson's name and you would sign it. You told me to put Thompson's name on the receipt. I brought the money and receipt out and paid you. I may have put it on the counter. I did not put it in Ward's hand. You took the money up. I should not pay him when you signed the receipt. I very likely asked you to have a drink before you went out. I could not swear whether you asked me to have a drink afterwards or whetner Ward did. We had two drinks, I think; it may have been three. I think I said good-night to you and Ward when you left the house.

HERBERT WILLIAM THURSTON . I am clerk in the employ of David Hamlin, wine merchant, 43, Great Tower Street, and live at 50, Mark Lane, about two minutes' walk away. I have known Thompson about two years as a waiter. I know Rowe under the name he Willis. That is the name he gave us. All the entries in our books are in that name. I have addressed him as Willis. He never said his name was not Willis. With both Thompson and Rowe all the transactions were in Saumur wine. I saw Rowe on September 7 in Hamlin's office in the middle of the day, waiting to receive a parcel of wine. There

are other brands of Saumur besides Le Maille. He took the parcel away. The book shows 10s. 5d. was paid by him for five bottles. As a rule, we close at six, and alter that I went home and saw Rowe at my house at nearly eight o'clock, when he asked me, "What about the wine?" That reminded me I ought to have left seven bottles with the housekeeper at the office, as Hamlin had asked me to do. I went to the office and handed Rowe the seven bottles of Saumur wine, and he paid 14s. 7d., for which I gave him a receipt, as he asked me to do. I asked him what he wanted a receipt for, and he said he was. afraid of being pulled up in the street, as he had been once before. At the police court I saw three opened bottles with the corks tied on. I recognised them as the crown-branded corks of the Le Maille wine. The wine I gave him was the Le Maille. That was all they bought. I cannot say whether any other Saumur wine is also 2s. 1d. a bottle. There are all prices for Saumur. I am certain it was Le Maille which I sold to him. This bottle handed to me represents the usual method in which the Le Maille is got up, the foil being always of this character, with a medallion on it. This is an unopened bottle. The three bottles which were opened and shown to me at the police court had corks the same as the Le Maille wine corks. The foil was very similar to ours. I did not taste the contents of any of them. I forget whether I made an entry in the books that night or the next morning of the seven bottles. The next entry in the Willis account is September 8—14s. 7d.

Cross-examined by Thompson. When you came to the office and brought a small order of four, six, or 10 bottles I usually helped you to carry it to your customer, but not always. I received the cash and you have drawn your commission.

By the Court. The wine was delivered to different places. One was a small hotel just opposite Waterloo Station. Some times Thompson took the wine away himself, paying for it before he took it. When I went with him his customer paid Thompson. His commission was everything over 2s. 1d. There was always something extra for him.

Cross-examined by Rowe. I remember on August 24 you came for a bottle of wine about 10 a.m. and I mentioned having seen Ward outside. I knew he had done six months. When you came back at night on September 7 for the seven bottles I did not see Wright and Ward waiting for you. We went to the back entrance of the building. All the seven bottles were token away in a black canvas bag by Willis.

Cross-examined by Wright. You have never been to our office for any wine and I do not know you at all.

MARY SPEAR . I live with my husband at 77, Pocock Street, Blackfriars. Wright occupied a bedroom at my house as a lodger from last March up to September, when he was arrested.

He was a waiter. On the afternoon of September 7 I heard Wright come in and go into the back-yard. It sounded as it there were another man with him. That was about four o'clock, Shortly after Wright passed me on the stairs and said, "Don't let anybody touch those bottles." I was cleaning the stairs. About 20 minutes afterwards I passed through the yard and saw some bottles in a bath under the tap, about a dozen. They were standing in water. They were like champagne bottles, but I did not go close to them. I do not know whether they were full or empty, or whether they had corks or not. I did not see them again as I had to go out to work at 5.30 the same evening. I did not go into the yard again before 11 a.m. the next day; they were not there then. On the Saturday morning he came down to pay some rent and told me the children could have the bottles, and the children took them and sold them.

Cross-examined by Thompson. I do not know you at all.

By Gosling. I do not know you.

By Rowe. I do not know you.

Cross-examined by Wright. I do not know Ward. My husband told me a man came one morning and he went and had a drink with him. You were not in. I believe he told my husband he wanted to see you very particularly about 8.15 in the morning. My husband is here.

JOHN MCPHERSON , Detective-Sergeant, New Scotland Yard. From instructions I kept certain observations between August 24 and September 14. By August 24 I had known Ward. On that day I was keeping observation with Sergeant Sanders in Wardour Street in the morning. I saw Ward go into a public-house and speak to Rowe. A little while afterwards Rowe came out and went into Gerrard Street. He lives at No. 18. After a little Rowe came back to the public-house carrying a brown paper parcel. Soon afterwards he and Ward walked down to the Strand, and Rowe handed the parcel over to Ward. Ward took some silver from his trousers pocket and handed it to Rowe. Then they parted company, I followed Ward and got the bottle from him, which I now produce. It is initialled by me, "J. McP." It was wrapped up in paper by itself. It has on it "1898, Dr Imperial Moet and Chandon; Finest Extra Quality. Maison Fondee en 1743." The collarette has "Cuveé 1898; Moet 1898," with a red label, and" Moet" on the other side. This bottle has been tasted. It is the one I got from Ward on August 24. On August 30 I saw Thompson and Rowe at 4.20 in Great Tower Street. where Mr. Hamlin's omce is. I saw Rowe coming from Hamlin's with a parcel, and Thompson came out shortly afterwards. He had nothing with him. They went along Tower Hill towards "The City or London" public-house. I had seen them together close to the "City of London," about 200 yards from Hamlin's,

walking up and down and talking together, before Rowe left Hamlin's with the parcel. On August 31 I was in Fleet Street between nine a.m. and 10 a.m., and saw Thompson and another man, whom I believed was Gosling. Thompson went into "Peele's Hotel" and shortly afterwards Rowe joined him. Thompson had a bag when he went into the public bar. On September 1 I was in the New Kent Road. First I was outside, and afterwards I went into the "Hand-in-Hand." I first saw Thompson and Ward near the "Elephant" and afterwards in the "Hand-in-Hand," Meadow Row. After I came out of the "Hand-in-Hand" I saw Rowe at the end of the street. On September 3, at 8.15 a.m., I saw Rowe and Ward in Wellington Street, Strand. I afterwards went to Great Tower Street and saw Wright and Ward outside the "City Arms." Later on I saw Thompson, Rowe, Wright, and Ward all together. On September 4 I was in great tower Street, about 12.30, and saw Thompson and Rowe together. On September 5 I was in Eastcheap in the afternoon and saw Thompson and another man, who is not here; afterwards I saw Thompson, Rowe, Wright, and Ward in Eastcheap, which extends from Tower Hill to the Monument. At six o'clock on the evening of September 7, I was in the "Hand-in-Hand" and saw Wright and Ward. Wright was carrying a parcel. On the same evening afterwards I got the parcel from Mr. Tilling within three minutes of the time I saw it. I have no doubt of it; I have the paper and the string. I opened it, and found it contained five bottles of wine, one of which I produce, which I marked at the time. That is the one which Mr. Owen and Mr. Thurston and Mr. Tilling have seen this morning. My mark is the little dot in the centre of the O in indelible pencil The other four are somewhere in Court. This one has been opened. I did not taste any of the contents. I wrote out the receipt because Mr. Tilling had not his glasses. I did not see it signed. On the same evening about 10 I was in the "Hand-in-Hand" and I saw Wright and Ward come to the house. About three minutes afterwards Mr. Tilling gave me a bag containing four bottles and a parcel containing another three. I opened the bag and the parcel, and marked the bottles with a little cross in the corner. At 11.20 p.m. I was waiting outside the house and saw Wright and Ward leave. They stayed outside the "Rockingham" for some time, apparently looking for somebody else. They were joined by Rowe before they got there. Then they went along the London Road to the "Duke of Clarence" and went in, but in the meantime Wright handed to Rowe the canvas bag produced which had contained the bottles. I had marked the bag. I followed Wright, Rowe, and Ward into the "Duke of Clarence" and saw Wright hand Rowe some money. After a time, Ward left them, and Wright and Rowe went away together.

Cross-examined by Thompson. Inspector Kemp searched your rooms at Kennington. He will produce the champagne corks found there. I saw Rowe join you at "Peele's Hotel." I believe I first saw you with Gosling. I did not follow you any further. I saw Ward that day at "Peele's Hotel."

Cross-examined by Gosling. I believe I saw yon there, but I would not swear to it, on August 31. It was a man about your size.

Cross-examined by Rowe. On August 24 I saw you come out of your house. Ton went into the "Falcon," at the corner of Lyle Street, with Ward. I saw him hand you some money, but I do not know the amount. Afterwards I joined Ward outside the new War Office. On the night of September 7, after you came from Tilling's, I followed you into a public-house and saw Wright hand you money. I did not see Ward receive money. Ward was the furthest away from me, where I stood in the bar. Ward may have had some money handed to him without my seeing it.

Cross-examined by Wright. On August 24 I did not see you with Rowe at all I was in Tilling's house when you brought the five bottles. You were carrying them. I saw you from the first floor window. I did not tear your conversation in the bar. After you left the house the second time I followed Ward and you to the Elephant, where Rowe met you. Ward and Rowe looked into the "Rockingham." I was in the next bar, when. you all went into the "Duke of Clarence." Afterwards I came round into the bar you were in immediately you got in. I saw you hand some money to Rowe'. I did not see Rowe give Ward any money. When you came out you went towards Waterloo Station, I think, but you might have turned to Blackfriars, Westminster, or Waterloo.

By the Court. I examined the bottles when I first got them before there was any opportunity of changing the labels and they were then labelled "Moetand Chandon One was not quite complete; it was short of the label, or the collarette, I am not sure which. I produce the bottle which is incomplete; it is the label which is not there.

By Wright. I do not know why the label is not there. Ward did not tell me there was one label short.

ROBERT BILLINGS , secretary to Simon Bros., and Co, Limited, Northumberland Avenue, agents for Messrs. Moetand Chandon. I have had thirty-five years' experience in the champagne trade. This bottle handed to me, one of Mr. Tilling's dozen, was opened by me on September 11 at the office of the solicitors for the prosecution. The label is a genuine label of Moetand Chandon, but it is in use on the continent only, not in England. It used to be some years ago used in England. The black collarette is genuine, but the cork is not and the mode of fastening is not

that used by Moet. All their corks are marked. I tasted the contents of this bottle. It is not Moetand Chandon, nor is it even champagne It is Saumur. The trade price of Dry Imperial 1898 which this purports to be is about 84s. This other bottle handed to me is a genuine bottle of Moet 1898. This other one which is not genuine is one of those sold to Tilling by defendant. I can tell by the fastenings without opening it. It is one of the seven bottles marked by Sergeant McPherson with a cross. I have seen the other eleven bottles; they are got up more or less in the same way. The foil is the same, at any rate. Not one is really Moetand Chandon. Some purport to be Dry Imperial and others Brut Imperial.

Cross-examined by Thompson. It might be possible to supply Tilling with a case of wine at 60s. That would not be this wine but White Dry Sillery. It would not be impossible to get that at 60s. Ward is not in the employ of Moetand Chandon, Our solicitors will speak for themselves. I cannot say whether he hat been in their employ.

MAUD TWEED , proprietress and licensee of a fully-licensed house at 183, Borough High Street, I have known Thompson as a waiter about two years. I also know Rowe and Gosling, the former about a year. Thompson brought him down and Gosling came with him. I understood Rowe was a steward. Gosling has been with Thompson. I cannot remember his coming with Rowe. I remember Thompson speaking to me about eight or nine months ago in reference to some wine. Rowe was with him. Thompson said he had some Heidsieck to sell and I said I could do with a few bottles. Nothing was said about price. I took dozen. They brought them three at a time. I cannot remember whether Rowe or Thompson brought the first lot. Rowe brought the second lot. I paid a sovereign for the six. It purported to be 1898 Heidsieck Dry Monopole. This bottle handed to me is one of the six. I disposed of five and had one left when seen about this, matter about six weeks ago. I gave it to Inspector Kemp.

Cross-examined by Thompson. When you brought Rowe to my house I had a dinner on. I promised you some work in waiting, and you asked me to employ Rowe, and I said I would see. I do not know whether you or Rowe brought the first lot. I did not pay the money on two occasions. I paid the sovereign at once to Rowe. I do not remember anybody else with Rowe. I had seen Ward since, but I had not seen him before. I do not think Ward was in the house when I gave Rowe the sovereign, but I do not remember. I cannot say that I have seen Ward in my house on several occasions; I do not remember. When you have come to my house you have come in the ordinary way as a customer with friends.

By Gosling. There was never any wine bought when you came to my house.

By Rowe. I do not remember whether it was last November that you bought this wine of me.

By Wright. I have never seen you in my life. You have never told wine to me.

CHARLES JAMES OWEN , recalled. The cork on this bottle which has been produced by Mrs. Tweed is from one of our Saumur bottles. I tasted the wine at the police court. To the best of my belief it contained Saumur wine. The cork from the bottle produced by the police which they saw Rowe carrying on August 24 was out of one of our Saumur bottles.

By Wright. I have never seen you in our office.

DAVID GOLDSTEIN , proprietor of the "Hole-in-the-Well," Baldwin's Gardens, Gray's Inn Road. I have known Thompson as a waiter about twelve months. Rowe introduced him to me. I have known Rowe about fifteen months and Gosling about twelve months. I have known Gosling five years by sight under the name of Tiddler. All three have been to my house. About twelve months ago Thompson and Gosling were there, and Thompson said, "You know us, guv'nor; we are waiters, and work for the Gordon's Hotel Company, and also attend race meetings, and when we have a dinner or so on and gentlemen have a case of wine, we have a surplus, which is our 'perks,' and as it costs us nothing we can afford to sell them to you cheap." He then produced two bottles of Heidsieck 1898, hich he asked me to buy, he never mentioned the name of the wine. Later on I looked at the bottles. This is one of them. The name is Heidsieck Dry Monopole 1898. Gosling said, "You know what it is, guv'nor; it is a very good wine, one of the best on the market, and very cheap." I paid 7s. for the two bottles. I cannot say whom I gave the money to. I opened one of the bottles, but did not have any of it myself, and the other is before me. Inspector Kemp took the bottle which was unopened.

Cross-examined by Thompson. Rowe introduced you to me about twelve months ago. I cannot say why, only that you were a waiter. I did not buy anything off Rowe belonging to you. Rowe did not sell me a pawnbroker's ticket for 300 cigars about ten months ago. I did not give Rowe half-a-crown for it. The potman who was with me nine months ago has left and I do not know where he has gone. I did send my potman to a pawnbroker's in Gray's Inn Road to get 300 cigars out, but I could not say when. It may have been six months ago. I did not give Rowe 2s. for a second pawn-ticket for 300 cigars. I remember you and Gosling coming to my house about eight months ago. Gosling may have offered me some wine. I cannot say what brand. I did not buy two bottles of wine for 5s. I have never seen a wine called Le Maille in my life. I do not remember you ever putting show cards in my saloon bar with the name Le Maille on them and a champagne bottle

standing up. I have bought champagne off Rowe. I bought a bottle of Moet 1898, but never anything else. I have never seen Ward. I have never bought Perinet and Fils. There was not another man with Rowe when I bought the bottle of Moetand Chandon. I have never bought any Heidsieck off Rowe with another man, nor Comte de Villemont. I have not a sister who keeps a public-house. I have a sister-in-law who has one in the New North Road. On one occasion I sent someone to her to sell some champagne; I do not remember whether it was Rowe or you, purporting to be travelling for some wine. I think that was after I had the two bottles marked Heidsieck 1898. I said at the police court, "I never sent two men to any friend of mine about some Moetand Chandon to my knowledge. I swear on my oath I have never bought Heidsieck or Moetand Chandon from anybody else" (but you and Gosling). I never bought six bottles of Gautier Freres. I did not pay 5s. for two bottles of Le Maille. I did not pay 16s. for the Gautier Freéres.

By Gosling. I do not remember when I bought the two bottles of wine from you. At the police court I said, "On one occasion about twelve months ago, Gosling and Thompson came in together. One of them, I think Thompson, said, "You know who we are; you know we are waiters, working for the 'Gordon's Hotel' and also wait at race meetings." I do not think I was sitting on the cellar steps when you brought the two bottles of wine. I do not remember saying, "The vintage is all right, but I do not know the brand." I cannot say whether I was in the bar or not. I should not be surprised to know that when I bought that wine from you and Thompson was February this year, but I do not think it was. I bought a bottle of Moetabout four months ago or more. I will swear it was not 12 months ago. I bought it from Rowe. That was after I bought the two bottles of Heidsieck. I gave 3s. 6d. for Le Maille. At the time I bought that I do not remember buying two other bottles besides. I did not give 10s. 6d. for the three bottles.

By Rowe. About 13 months ago you came in and I think yon did mention something about oats. I do not remember you having a parcel under your arm containing a bottle of Perinet and Fils. I never saw you with Ward or any stranger bar these two. You were alone when I bought the bottle of Le Maille. I remember, about a week after I bought Le Maille, you offered me two bottles of Heidsieck and another Moet, which I declined. Nobody was with you. I did not give you 10s. 6d. for them. I did not see what was on the bottle. A few weeks after that I did not give you 12s. for six pints of wine.

EDWARD PRICE HALLOWS , wine merchant, agent in this country for Messrs. Heidsieck and Co. There are three firms of Heidsieck-Heidsieck and Co., who are the owners of the brand

"Dry Monopole"; Piper Heidsieck, and Charles Heidsieck; they are all three absolutely distinct. We claim to be the original firm. On September 19 I opened and examined this bottle which is marked with an "H." It is the one produced by Mrs. Tweed. The label is a genuine label of Heidsieck and Co. and the collarette is genuine, but the cork attached to the bottle is not genuine, and the mode of wiring is not that of Heidsieck and Co., and the gold foil is not similar. I tasted the contents, and found it was not Heidsieck and Co.'s wine of any brand, but Saumur, and not a champagne at all. This other bottle produced is a genuine bottle of the wine which the other purports to be—"Heidsieck Dry Monopole 1898." I also examined the bottle produced by Mr. Goldstein. There also the label and collarette are genuine, but the cork, foil, and wiring are different. I did not taste the contents of this. These labels produced are genuine labels of Heidsieck and Co., and have apparently been taken off genuine bottles. There are six labels and three collarettes.

Cross-examined by Wright. They are not new labels. They would label six bottles.

Inspector WILLIAM KEMP, New Scotland Yard. On September 14 I, with Sergeant Sanders, saw Wright and Rowe in the "Green Dragon," Shaftesbury Avenue. I said, "We are police officers and hold a warrant for your arrest, concerned with man named James Thompson." I read the warrant, which charged them with conspiracy to tell goods with false trade descriptions applied. Rowe said, "I know Thompson very well, not." They were taken to Bow Street, and then I went to Eastcheap and saw Thompson, to whom I read the warrant. He said. "I know nothing about it." I went to his address. 50. St. Agnes Terrace, Kennington, and there found these charmpagne corks. There are 25 to 30 of different brands—used corks. I also went to Wrights address, 77, pocock Street, Blackfriars, and found these champagne corks in his room. There are about 150. On his dressing-table, under a piece of oilcloth, which covered the whole of the table, I found this envelope with six labels and collarettes. I then went back to the police station and saw Thompson, Rowe, and Wright, and was asked by them to explain more fully what the charge was, which I did. I said, "It is alleged that you have been selling wine in bottles bearing the labels of Messrs. Moetand Chandon. You, Thompson, called on Mr. Tilling, of the 'Hand-in Hand' beerhouse, Meadow Row, Southwark, and obtained an order for a dozen Moetand Chandon. You, Rowe, called a few days later and expressed regret that the wine could not be delivered for a day or two. You, Wright, delivered the wine to Mr. Tilling, for which you., received the money, £3, and gave a receipt. You

shortly afterwards met Rowe and shared the money in a public-house." Thompson said, "It is quite correct; I did take the order, but I tried to sell him some port wine." Rowe said, "Yes, I bought the wine at Mr. Hamlan's, of Eastcheap; another man scratched the labels off and someone else put Moetand Chandon's on." Wright said, "It is quite true; I did deliver the goods." I showed Wright the labels I had found on his dressing table and he said, "I did not put them there." When charged, the prisoners made no reply. I arrested Gosling on October 1. The other prisoners at that time had been committed for trial. I saw Gosling in Marshalsea Street, Chelsea. I called out "Gosling," and he turned round. (Before I could say anything else, he said, "I know what you have come about—the champagne frauds." I had not mentioned that I was an inspector of police and held a warrant. I made a note of what took place then on the same day. I said, "Yes, you will have to come to Bow Street." On the way I read the warrant to him, and he said, "I never sold any wine to anyone." I said. "It is alleged that you and Thompson twelve months ago said two bottles of wine labelled Heidsieck to Mr. Goldstein, of the 'Hole-in-the-Wall' public-house, Baldwin's Gardens, Holborn." He said, "No, it is a mistake. Me and Thompson did sell him some port wine which was dud stuff." That is a slang term used for things that are worthless. "We tried to sell him some more but he would not have any." At Bow Street he said, "Now I come to think of it, I did sell him two bottles of wine given to me by Thompson, but I believe they were labeled Le Maille." I sent for Mr. Goldstein, who saw prisoner at the station, and asked him, "Is this the man who sold to you two bottles of Heidsieck twelve months ago?" and he said, "Yes." Gosling said nothing. I did not have the bottle which I had got from Mr. Goldstein, but I referred to "the bottle of Heidsieck that you handed to me last Wednesday," and asked, "Is that one of the bottles you bought of the prisoner?" and Goldstein said, "Yes." When charged, Gosling made no reply. I asked him for his correspondence, and he handed me a letter which is signed in the name of Rowe. On. October 8 Thompson was brought up at the police court and charged with conspiring with Gosling to sell the wine to Goldstein. Thompson said, "I know the roan; I have been in the house three times. I never sold him any Heidsieck. I remember selling him two bottles of Le Maille." He said, "Who gave you this information?" I said, "I cannot satisfy you on that point." He said, "Well, if you will have me up for a while I will have six more in the dock with us." He was brought before the magistrate and duly committed for trial.

Cross-examined by Thompson. I swear these champagne corks came from your house. They were found in the front room on the first floor, near the window on the floor, in a card-board

box. I am not aware that waiters receive gratuities for those corks occasionally, sometimes 3s. a dozen, and sometimes 6s. for pushing the wine. I am not aware that Moetand Chandon or Heidsieck give gratuities to waiters.

By Gosling. I think when I arrested you you told me Gold-stein had given you 5s. for two bottles of Le Maille.

By Rowe. When I arrested yon in Shaftesbury Avenue Ward was with you.

By Thompson. No one was with you when I arrested you. I saw you with Ward, but he stood a short distance away when I arrested you. I taw Ward talking to you.

HERBERT SANDERS , Detective-Sergeant, New Scotland Yard. I was present when Thompson was arrested, and took him to the station in a cab. On the way he made a statement which began, "I have been b——well trapped into this." I was engaged in watching the various defendants with Sergeant McPherson from August 24. I saw Gosling with the others about six times. On two occasions I saw him with all the other three.

Cross-examined by Thompson. I am not aware that you have a society in the city—the Waiters' Society. It has not always been in the City that I have seen you.

By Gosling. I have only seen you six times altogether—on two occasions with Rowe, Wright, or Thompson, That was at the "Monument" public-house.

Sergeant MCPHERSON, recalled. I was present with Inspector Kemp when the corks were found at Thompson's house. I was in and out of the house. The canvas bag I found at Rowe's house is the bag I saw him with at the "Hand-in-Hand." I did not actually see the last witness find the corks in Thompson's house, because I went out to get some food for prisoner's wife, who was in a very bad state. I saw the corks at Thompson's house while I and the other officer were there.


JAMES THOMPSON (prisoner, on oath). I met a man of the name of Henry Ward. He asked me if I knew of any wine for sale. I told him I knew of some port wine for sale and also some cheap sparkling wine. He told me he had a friend; a publican. I went with him to the "Hand-in-Hand" and he introduced me to Mr. Tilling. I told Mr. Tilling I had some port for sale at 18s. the dozen. He said he did not want any port, but he could do with 12 bottles of Moetand Chandon. He did not ask me for any particular kind, such as "Dry Imperial," but simply Moetand Chandon. I told him I would see about the champagne. As I could not get the order for the port, I thought it was no use trying to get Moetand Chandon for £3. He said he was willing to pay 60s. I saw I could get no

commission whatever without selling the port. I called again at Tilling's house on the following Saturday with Ward and asked him if he would have the port wine. He said, "No; he had just bought some at 4s. a bottle, but would I let him have the Moetand Chandon on Monday." I said I would see, and went away with Ward. I met Ward in the City on that day at 11.30. He asked me if I would meet him again on Monday morning at 10.30. I did not get there till 12.45, and then I met Ward and Rowe. Ward said I was very late, and I told him I had been looking for work. He asked me if I was going to send the Moetand Chandon to Tilling. I turned round and said, "No, I am not going to send the wine to Tilling, as I have not got the order for the port." He said, "You might send it. Is money stopping you?" I said, "Certainly not." He said, "I have plenty of money. Will you send him the wine?" I said, "No." This was said in the presence of Rowe. I told Ward I did not want his company or anything whatever to do with him. I know no more about it. I never conspired with Rowe or Ward. I knew nothing about Moetand Chandon being taken to Mr. Tilling's house until I was arrested. I never sold any Heidsieck to Mrs. Tweed, nor have I seen Rowe selling any champagne. I never sold any Moetand Chandon or Heidsieck "Dry Monopole" to Mr. Goldstein in conjunction with Gosling. I sold Goldstein two bottles of Le Maille sparkling wine with Gosling. He paid 5s. for those two bottles. I sold six bottles of Gautier Freéres to Goldstein. He agreed to pay 18s. for the six. I went to a firm of wine merchants of the name of Guibert and Co.

(Friday, October 26.)

JAMES THOMPSON (prisoner, on oath, continued). Mr. Guibert sent his cellar man to Goldstein's house with me. Goldstein would not pay more than 16s. for the six bottles of Gautier Freér. I handed Guibert's cellar man 15s. and told him I would not serve Goldstein with any more wine.

Cross-examined. The story about the Gautier Freéres has a great deal to do with the case for the simple reason that Goldstein has committed perjury; he swears he did not receive any Gautier Freér. Gosling committed deliberate perjury when he said that the bottle which he produced yesterday was sold by me and Gosling to him. I had not sold Mrs. Tweed any Heidsieck whatever or wine in a bottle with a Heidsieck label. I was arrested at a quarter to four in the afternoon, five or six hours after I left home. Nobody but my own family occupied that part of the house. We have one front and one back room on the first floor upstairs. I was not in possession of those corks which the inspector found there. I cannot say how they came into the room. I have never seen these corks which

were produced before. I have received gratuities from Moet and Chandon. No other member of my family is a waiter. I could not say I have seen the cardboard box which has been referred to, but it might have been there. I have heard of the system of sticking wrong labels no to cheap wine and selling it as expensive wine. I have nothing to do with it, but I know of people who have been carrying it on. I found that out a long time ago. I could have got somebody else in the dock with me, but not half a dozen; I may have exaggerated that Ward is one and there is a Frenchman in the Charing Cross Road who has had some wine, whom I know at Delafey. I cannot mention another name. Delafey has had spurious wine. I know that because I have been in the habit of opening bottles of Moetand Chandon for many years. I can tell by the foil. I have seen him with samples labelled Moetand Chandon. I could not tell you what he has done with them. I have seen him with them in a bag. I have met him at the "Horseshoe" many a time. I have seen him with Moillt and Chandon and Heidsieck, travelling about with samples. They are very popular wines. I never told Mr. Goldstein that I was a waiter for the "Gordon's Hotel" nor did I hear Gosling say so. It was a tissue of lies altogether. I did not say I went to race meetings. I never sold Goldstein anything but two bottles of Le Maille and six bottles of Gautier Freér. I sold the Le Maille as samples. I wanted to get an order if I possibly could. They did not have Heidsieck labels on. I told Goldstein I was traveiling for Hamlin's and showed him a show card. I have asked Mrs. Tweed to employ me as a waiter and have been there with Rowe. Two years ago last June I sold her one bottle of Perrier Jouet, which I got from the Albion Wine Company. It was a genuine bottle to the best of my belief, but you cannot always tell with Perrier Jouet. The Albion Wine Company is not in existence now. It was a firm which belonged to Mr. Gerrard, at 3, Duke Street, Adelphi. I was not a part ner with him, but was trying to get him orders. Gerrard and I were charged with selling spurious wines, two years ago last June, at the Clerkenwell Sessions. I did not plead guilty. The jury convicted me and Gerrard, and in Gerrard's possession a quantity of spurious wine was found and also false labels. I went to the printers to get a thousand labels printed. I have already been convicted for that. They were Moetand Chan don labels which I tried to get printed. I was out on bail before I was tried. During that time I went and saw Mr. Jones, the solicitor to Moetand Chandon and Heidsieck and gave him some information. He was the solicitor for the prosecution. I think it was after the trial I went to him. I have never sold any spurious wines between 1904 and 1906. I sold Mrs. Tweed one bottle of Deutz and Geldermann. That was

under the auspices of the Albion Wine Company. I cannot tell you whether it was wrong or not; I did not pull the cork out. I also sold her a bottle of Sparkling Moselle, I think, but no Heidsieck. I never saw Rowe sell Heidsieck to Mrs. Tweed. I was with Rowe when he said he had some Heidsieck for sale. Rowe did not tell me where he got it. I do not think Rowe was a traveller for Hamlin. I knew he had been to Hamlin's, but I do not think he had been at that time. I am not sure whether I introduced him to Hamlin. At the time that Mrs. Tweed's case arose Ward was dealing with Hamlin. I think I introduced Ward to Hamlin as an agent who would sell wine. If he could have sold some I should have received a commission from Ward. At the time I went with Rowe to Mrs. Tweed's I was buying Saumur wine at Hamlin's, which went to my customers. I think I sold Mrs. Tweed one bottle of Saumur wine. I have met the other defendants in the ordinary way of business as waiters, that is all, and not frequently. Gosling is not a waiter; I know him as a commission clerk. I have seen him at race meetings with people making a book. I have had no transactions with him except with regard to the two bottles. I met him in Cannon Street and said I had two sample bottles, and he walked up to the "Hole-in-the-Wall" with me, because I asked him if he knew anybody who could do with them. I might have said to Tilling, to whom I was introduced by Ward, "I hear you can do with some wine." He said, "Yes, I should like some Moetand Chandon." I do not recollect asking him if Heidsieck would not do as well—in fact, I am sure I did not, because I could not get any at the price he wanted to pay. He said "I will have a dozen Moet and Chandon." I do not recollect saying that I would send it by my man, but that he was to pay no one but me. We agreed on £3. I could have got it from a wholesale wine merchant in the City for £3. I could not have got 1898 but he never ordered 1898 but simply Moet and Chandon. I was going to get it from No. 7, Savage Gardens. I should have got perhaps 3s. out of the case. If I could have sold him the port should have sent them. I daresay one could buy a dozen Moet and Chandon at 58s., but I have never tried. Savage Gardens is at the back of Trinity Square. He would not have the port, so I would not sell him the Moet. I offered him the port on the first occasion, not on the second. I did not decline to sell him the champagne on the first occasion, but I made up my mind not to do so. I went on September 1 to his house again, because Ward said to me, "Will you send the champagne to Mr. Tilling? I said, "No." Rowe was there at the time. It was outside the "City Arms," in Great Tower Street I do not know who took the order. I am told that Wright and Rowe did. I did not know that till I was arrested.

By the Court. In the first instance I told Mr. Tilling I would send the champagne on, but I did not send it. He said he would not take the port at the time, but he would later on.

GIOVANNI BORELLI , interpreted. I am an Italian employed as cellarman by Fernand Guibert, a wine merchant, 110, Charing Crow Road. I went with Thompson once with five bottles of wine to Goldstein, but stopped outside. It may have been five or six months or a year ago. It was cheap champagne, about 2s. 6d. a bottle. My master said, "Come upstairs and go with Thompson and take these bottles." Thompson paid me; I do not recollect whether it was 12s. 6d. or 15s. He left me waiting outside a long time. He did not tell me anything about his dealings with Goldstein.

WILLIAM ROWE (prisoner, on oath). I will start with the bottle of Perinet and Fils I had from Ward 12 months ago last September, which I sold to Mr. Goldstein, for which he gave me 3s. 6d. Ward gave me 1s. 9d. out of the 3s. 6d. Three weeks after, in October, Ward had a parcel when I met him in Eastcheap and he asked if the same gentleman could do with some more wine. He said he had two bottles of Heidsieck and one of Moet. We went up to Goldstein's and I said I wanted 12s. for the three bottles. He said his price was 3s. 6d. a bottle. I asked Ward if he would take that, and he said "Yes," and he gave me 2s. He said the wine cost 6s. 3d., and the labels cost another 3d., and the 4s. had to be cut up between the two of us. He said he put the labels on himself. After we left Goldstein's he showed me an envelope in a public-house in Leather Lane with seven or eight Heidsieck labels in it. He told me they bought bottles from bottle merchants ands took the labels off and pat them in water. He asked me if I knew anybody else who would buy some wine and I said "Yes." He went to Hamlin's the next day or the day after and bought three bottles of wine. I waited outside. I did not know Hamlin then. We took the three bottles to his lodgings, and I waited for him outside in a public-house. He took "the old labels off and brought the bottles out labelled Heidsieck. We look the three bottles to the" Half Moon,' in the Borough, and he waited outside while I sold them to Mrs. Tweed. Mrs. Tweed gave me half a sovereign for them, and I said, "There are three more bottles to come." A week or a fortnight before I had seen her with Thompson, and I asked her if she could do with some Heidsieck. She said, "What do you want for it?" I laid "4s. a bottle." She said, "I should not give that, but, anyhow, bring it over, and we will see what can be done.' Nothing was said about the quantity. Next time I saw her I had the three bottles with me, when I was with Ward. She said, "My price is 10s." I took it, and went out to Ward and said, "She won't give you more than 10s." He said, "I did not expect she would; I know she is a very bad buyer." I told her I would bring in the other three either to-morrow or the next day. We did not have enough money to buy six bottles the

first time. Ward had six or seven labels in an envelope in his pocket, so we knew we could take her six, because they were all Heidsieck labels. We went to Hamlin's again and bought three more bottles of wine for 6s. 3d. It was the same stuff—Le Maille. I waited in a public-house while he went to his house. He brought the three bottles out labelled Heidsieck and we went to Mrs. Tweed's again. She was upstairs, so I left the parcel behind the bar. When I saw her in the afternoon she gave me the 10s. Ward took 6s. 6d. for the wine and the labels, and we divided the other 3s. 6d. equally. Then he said, "Now I will show you how to get some more labels." He took me to Westminster to one or two bottle places, but they had no Heidsieck or Moet bottles. He had been there before, because they knew him. Then we went to Chelsea. He got himself into trouble out of that, and I did not see him till August. The next transaction was August 24. Before that. Ward had come to my house after he came from Warwick and said he knew a man while he was in Warwick Prison who wanted to buy some Heidieck and some Moet. and would pay a good price for it, but he must have a sample bottle before he could start. We went to several bottle people, but could not get any labels, till at length he found a place at Camden Town. He wanted Moet and Chandon, not Heidsieck. On August 23 he found a label at the Golden Cross Hotel, which was put on the bottle which he took into Mr. Noy's office on August 24. On the morning of the 24th I met him outside the "Wellington," in Wellington Street, at half-past eight. There was an arrangement to meet there every morning. We went down to Hamlin's, and he gave me the money, 2s. 1d., to go inside and buy a bottle of wine while he waited outside. I took the bottle home to 18, Gerrard Street and scraped the label off in the lavatory. Then we went into a public-house in Wardour Street, and Ward pot the Moet label on. He had a bottle of gum in his pocket. I said, "Are you going to take the bottle like that? It is all wet." He said."The gentleman won't mind; he is a bit of a dud himself." He said the gentleman would give 5s. for it, I carried the parcel to Charing Cross, when he said, "I will take this to the gentleman and you go to the City." He gave me 1s. 4d., which was my share out of it, and said, "I will meet you at the Monument." When I met him there he told me that the gentleman would have a dozen of that wine, £3. It took us from August 24 to September 7 before we could find the labels. He said the gentleman would not have anything else but Moet and Chandon. On the morning of September 7 I met Ward at the "Wellington" with Wright, whom I knew before. Ward said, "I have brought Wright with me because Thompson won't have anything to do with the wine, and we must have a place to put the labels on." We

walked over Waterloo Bridge and went to three or four bottle merchants, but could not find any. Ward said, "We will try Mr. Skinner's in the Kennington Road. I have been there before." He and Wright left me. I waited in the Kennington Road while he and Wright went in and got the twelve pint bottles, labelled Moet and Chandon, '98. When they came out Ward was carrying five or six and Wright the remainder, and they had a parcel with about a dozen champagne corks in it. I said, "What did you want to buy them for?" Ward said, "Mr. Skinner says if you take the bottles you will have to take the corks." Ward told me he gave 1s. 6d. for the bottles and 4d. for the corks. We all three walked as far as the Obelisk and went into a public-house and had three drinks. Ward said, "Now, yon had better go on to Hamlin's and get the wine. I have only got 11s. in my pocket, so you will have to get five bottles instead of six." He gave me 10s. 5d. and 3d. or 4d. for my railway fare. He said, "I will go home to Wright's and get the labels off while you go for the wine." I got the bottles from Hamlin's and paid 10s. 5d., and then went to 75, Pocock Street, and went upstairs, and Ward had the labels on the table already. Wright was down below having some tea. He thought there were a dozen labels, but there was one short; the bottom label was short on one of them. There were 12 collarettes and 11 labels. Ward took the labels off and helped me to put the others on. He bought a bottle of gum at a chandler's shop. When they were ready Ward and I wrapped them of in a parcel, and Ward and Wright took them over to Mr. Tilling. The remaining labels were left on the table. Ward said to Wright, "You will have to be Thompson now, because he won't have anything to do with it" They took the tram to the "Elephant," and I met them about half an hour afterwards at the "Rockingham." They had been to Tilling's and got 25s. for the wine. Ward had mentioned Tilling's name. Ward said, "I have got the 25s., and it will take us all our time to get the other seven bottles" He gave me the money, to buy a bag to carry the other seven, and I bought a bag in the London Road, which is the one produced here. We all three went to Hamlin's. Ward and Wright waited outside for me. They had forgotten to leave the seven bottles out at Hamlin's, so I had to go round to Mark Lane Station to get the junior clerk's address. I got the seven bottles and put them in a bag, and we carried them between us to Pocock Street. There I and Ward took the labels off. Ward did not want Wright to have anything to do with it; he said he was too clumsy. We stuck the other three labels on and put four bottles in a bag, and the other three I wrapped in a parcel. Ward carried the parcel and Wright carried the bag. I promised to meet them at the "Rockingham" as before. Ward said it did not want three to sell a dozen bottles of wine. In

about two hours they came to the "Rockingham." I said to Ward, "You have been a long, while." He said, "Yes; Mr. Tilling did not want to pay me; he said, 'I gave the order to Thompson.' I had to tell him a lie. I told him that Thompson would be here with you. He may be following me now at the present time. I had to tell him that Thompson was at the 'Rockingham' waiting for me, or else he would not have taken it." Wright was present during this conversation. I asked Ward, "What are you looking for?" He said."I expect Mr. Tilling is following me." We all three walked to the "Duke of Clarence" in the London Road. Ward took 15s. 5d. out of the money, 10s. 5d. for the wine and 5s. expenses. Thai was tor the bottles and the drinks we had had during the day. The other 28s. we divided between the three of us, 9s. 4d. each. We all three came out of the public-house together. Ward said good-night, and Wright and I went and had another drink at the corner. Then we parted for the night.

Cross-examined. I am guilty with the other two certainly of conspiring. I plead guilty to that, but the other man should have been here with me—Ward. That is the object of this story. Ward was arrested in the name of Willis before. I did not tell Hamlin my name was Willis. On the first occasion I went to Hamlin's I went for a sample bottle of this champagne. I knew of Hamlin's through Ward and Thompson. Thompson did not introduce me. I knew where to go to through Ward going down there in the first place. When Ward went to get the six bottles of wine that Mrs. Tweed wanted I went and waited outside Hamlin's. That is how I came to know it. I knew that Thompson had been to offer Moet to Mr. Tilling. Ward told me, and Thompson told me himself. Thompson told me, "If you take my advice you will have nothing to dos with it" He said he did not like a remark Mr. Tilling put up to him at first. Tilling had said, "I want a dozen bottles of Moet and Chandon," but he did not say what vintage or anything else. I expect that made Thompson suspicious. Thompson did not tell me that it did. Thompson said he did not want anything whatever to do with the wine. He did not give me a reason. He did not mention anything about being able to go to 7, Savage Gardens and buy a dozen Moet and Chandon for 58s. Thompson was taken over to Tilling's by Ward. He did not know Tilling before Ward introduced him. I asked Thompson why he would have nothing more to do with it, and he said it was a funny thing that a man should put up Moet and Chandon to him when he had never seen him in his life before. He said, "It looks very suspicious," and so it did. Thompson did not say he thought it was a plant.

ALEXANDER WRIGHT (prisoner on oath). I am a waiter. I first got acquainted with Ward about fifteen months ago. Before

he went away he was always worrying me to know if I could find a customer to buy either two tons of potatoes or a van-load of oats, and I always told him no. About two or three months ago I met him, and he was always asking me if I could find a buyer for any wine. I told him no. About two months ago he called at my house. He said, "Ton are doing no work?" I said, "No." He said, "I have got an order for a dozen bottles of wine, and you can earn 10s. or 12s. if you like to take it with me." I said, "It it a straightforward business?" He said, "Yet." He said, "It comes to £1 15s. profit, and there are three of us who can go with it." I said, "I want nothing to do with it if it is wrong; my character is too good." He said, "It cannot be wrong; I only want you to take it down and put it on the counter" A week or ten days might have passed, while he kept asking me to take the wine and I kept refusing. One day he said, "You are doing bad," and he lent me a shilling to get some dinner with. He said, "Why don't you take the wine and earn some money; there is money waiting for you?" "Well" I said, "all right, I will earn it" I went with him and Rowe to Skinners. Before I went in I said, "What am I to do?" He said, "I will come with you. Tell them you want to buy about six dozen empty champagne bottles. If they ask you what they are for, tell them it is to make a show-case with." I went in and asked Mr. Skinner if he had any empty, champagne bottles for sale. He said, "Quarts or pints?" Ward said it did not matter which. Skinner said they could not afford to sort them out at 1s. a dozen, and Ward said, "I will give you 1s. 6d. a dozen and take one dozen with me now." The man handed down out of a large stack thirteen bottles, one at a time, and Ward took them from him as he handed them down, and paid him 1s. 6d. for them. The man brought some champagne corks and said, "You will want these; give me sixpence for them. Ward said, "No, I will give you fourpence for the champagne corks." He gave the man sixpence, who gave him twopence change. We took the bottles and corks to my house. When we met Rowe, Ward said to him, "If I had not been there, Wright would have brought the wrong bottles," because I did not know what bottles he wanted. We took them to my lodgings, and Ward said, "Put them in a large bath of water, and do not touch them till I come back," and he went out. Before he and I went home he had given Rowe the money to get the five bottles of champagne. Ward and I met Rowe in the New Cut. Ward was out some time, but came back and sat in my room waiting for Ward to come back with the wine. We had taken the labels off the bottles in the yard and Ward dried them upstairs. I said to Ward, "Give me a penny, I want to have a glass of beer." He did so. When

I came back the labels were on the bottles ready to go out. Rowe had brought the wine. We all three went out to take the wine to Mr. Tilling's. Ward gave me a penny and said."Get into a tramcar and we will meet you at the 'Elephant.'" I rode to the "Elephant," and waited there till Ward and Rowe came. Ward did not mention the name of the place we were going to. Ward and I took the wine into the house together. I had carried the wine out of my room; then Ward had carried it to the top of the street and given me a penny to ride to the "Elephant." After that we took the wine to Mr. Tilling. Ward said to Tilling, "There are five bottles; the other seven will come to-night Pay him £1 5s" Mr. Tilling said."I was to pay nobody but Thompson." I said."Thompson has nothing to do with this whatever." He went into the bar parlour and brought a receipt out for £1 5s. and the money, and we said good afternoon. I signed the receipt, and Ward said to Tilling, "You can make out another receipt to-night and tear that one up." We left the house and Ward gave Rowe the money to buy a bag to carry the seven bottles in. Then we went to Hamlin's. and Ward said to me, "I do not want him to see me; I owe him something." We met Rowe with the wine close by the office. Rowe had to wait and find somebody to give it to him. We took the wine home to my lodgings and Ward and Rowe scratched the labels off and put on Moet labels. Three bottles were done up in a parcel and four were put in a bag. I rode in a tramcar as before, and Ward and I took the seven bottles to Tilling's, he carrying one parcel and I the other. Rowe waited in the "Elephant." Ward said to Tilling, "There are the other seven bottles," and Tilling took them inside the bar parlour. Then he kept serving in the bar for quite twenty minutes and considering, till at the finish he came over and said, "Are you sure this is all right? I do not want Thompson to come here to-morrow morning and ask for the money over again." Ward said to Tilling, "Here, I want to speak to you." Tilling and Ward were away quite half an hour. Then Ward came in and said, "Did you think I had gone?" I said, "No.' He said. "It is all right. Tell Mr. Tilling to come and pay us." Ward came in outside the bar, and Mr. Tilling came into his bar. Ward said to Tilling." I have seen Thompson and it is all right. You can make out a receipt in Thompson's name and Wright will sign it." I said, "No; I will sign my own name and no one else's." He brought out a receipt for £3; I signed it with my own name, and he paid £1 15s. Tilling treated me once or twice and I treated him, and Ward treated us. Then we went and met Rowe outside the "Rockingham" and we went down London Road to the "Duke of Clarence," where we had three glasses of beer and shared the money between Ward. Rowe, and myself ": I had 9s. 4d. and Rowe had 9s. 4d. and with the other few

halfpence left we had a packet of cigarettes and said good-night. Ever since that transaction Ward has been worrying me to know if I could find other customers for him. I have told him "No"

Cross-examined. I could not say what I said when I was arrested, or what Rowe said, but I know we had been drinking, and I had had no breakfast. I was not told what I was being arrested for at the time, but in the cab going down the officer said something about my being arrested for putting forward wine with a false trade description, but I did not understand the meaning of it. I asked for a fuller explanation, which Inspector Kemp gave me. I said, "I fell into this trap nicely. It is quite true I did deliver the goods." I was under the impression that Ward was selling wine at lots of other places, that another man had got the order, so that Ward could not go himself, as he was known, and I was to be porter for him. My idea was I would earn me money merely by putting the wine on to the counter. I never thought it was a dishonest transaction at all till I discovered he had got the label off the bottles in my room. I got the bath. I thought it was to clean the bottles. I bought the bottle of gum for him, but I did not know what it was for. The first five bottles were done with the old bottle of gum which was in my room. I did not put it there It was left in the room. I never saw the labels put on the first five bottles at all. I took the bottles to Tillings quite innocently. I did not know the name of the wine. I saw the labels stuck on the seven bottles and I thought it was wrong to put them on; but I was so far in it that I thought, I had better stop and finish it. I could not get out of it very well. Five had then been delivered. It might have been the money which kept me in it, for work was very bad; 9s. 4d. is not bad pay for a porter. I did not see the words "Pro Thompson" on the receipt. I did not read it. I could not see without eyeglasses The receipt was signed at 11 o'clock at night. The house was not in darkness. I cannot read it now. I am a bad scholar. The day before I was arrested Ward called at my lodgings and left a message with my landlord that I was to be sure and stay in the next morning and he would be there at a quarter past eight to see me very particularly. He called and I was in bed. All he had to say was "Good morning." I said "I have a letter to goto work," and I showed him the postcard. I had an appointment in the West End to see about going away. While I was dressing he saw my characters on my table and said, "What good references you have got; you ought to have any berth." When I was going out of the room he put something under the table-cover. I said, "What are you doing that for? No one will touch anything in my room." He said, "That's all right, and came out. I was just going out when be did that. That is how I account for the labels being found there. Ward went

with me the same day to see about getting work, and I was to have gone away to work, but I was arrested and, of course, did not go. I had five or six characters, together with a lot of envelopes and letters on the table. I did not know whether it was a letter or what it was that he put under the cover. It was just as though he was hiding something, but I was in a hurry to go. I forgot about that this morning. I have not everything down in front of me as you have, and I cannot remember everything in a minute. With regard to the champagne corks which were found in my room, I brought them from places where I have worked for the purpose of getting money for them. I had seventy or eighty. I did not raise money on them, because those corks which I bad they were not paying for, but I always kept them. Charles Heidsieck pay threepence a cork. Heid sieck and Co. and Piper Heidsieck do not pay anything. Wachter pay twopence, Perinet pay twopence at Piccadilly Circus; Bushfield pay sixpence, I think. I have only been in England 18 months and do not know the names. I came from South Africa. Some of the corks were those which Ward bought in the Kennington Road. I can pick out the corks I brought home. These are the principal corks I brought home when I was at the Junior Army and Navy Stores, where I was at work. I always bring the corks home and then if they are names that pay, or if at any time I introduce wine, I get money for them. All the corks are mixed up now, but they were not when the officer found them in my room.

GEORGE SKINNER , examined by Wright. I am a bottle merchant at Kennington Cross. I do not remember any of yon. A lot of people come and buy a few bottles, but I should not recognise them. I recall a transaction on or about September 7, when I sold a dozen bottles for 1s. 6d., because I have an entry in the book, but that is all I know of it. I am handling bottles all day long. I do not remember asking, "Will you give me sixpence for the corks." I deal in corks. People often buy a pennyworth or twopennyworth of corks to make homemade ginger beer and wine. I cannot recall the transaction. If it had been a larger quantity I might do so. People do come and ask for bottles with particular labels on. A lot of people have them for show purposes. We do not get 1s. 6d. a dozen for old champagne bottles. We have paid a much as tenpence ourselves, labelled or unlabelled.

Cross-examined. We keep all kinds of corks mixed together. I have heard that some champagne corks have a value if they are taken to the wine people. People select bottles of a particular brand every day. I suppose people have their fancy as to what they put their home-made wine in.

HEZEKIAH SPEAR , examined by Wright. I am a glass maker, living at 77, Pocock Street. A man called the day before you

were arrested and said you were to stop indoors the next morning as he was coming to see you at 8.15. He came that day and I let him in and sent him up to your room. I had not seen him. previous to the day before.

HENRY WARD , examined by Wright. I did not take you to Skinner's to buy a dozen champagne bottles, but I went there with you. You and Rowe went in and bought Moet and Chandon bottles. I do not know what they cost. Then we went straight to your house. We may have had a drink on the road. You also brought some corks from Skinner's. The corks were not sorted in a public-house. I did not give Rowe money to buy wine. I know Rowe went to buy some wine. I went to your place when we left Rowe. You carried the bottles. Mr. Skinner did not give me an old newspaper to tie the bottles up in, and I did not tie them up in the yard. I did not buy the corks. I did not tell you when we got to your house to get the biggest bath you could. You did not fill the bath with water while I was there or put the bottles in. I left you. I went over to Scotland Yard. as I was acting under the instruc tions of the police. Rowe came to your place with some wine, but at that time I went out to see the police again to tell them the wine was there. While we were waiting for Rowe I did not give you a penny to get a drink." You did not go out, leaving me in the room by myself. I was not in the room by myself when Rowe came back with the wine. I could not tell you who let Rowe in. You and I were there. You had the address of Tilling's. I did not give you a penny to get into the tramcar. We walked to the top of Pocock Street, and you took a tram and Rowe walked with me. You took the wine. We all went out with the five bottles and we met you under the New Kent Road railway arch when you left the tram. You and I took the five bottles of champagne into the "Hand-in-Hand." I did not say to Mr. Tilling, "There are the five bottles; pay him £1 5s., and the other is coming this evening." I believe Tilling said, "When you deliver the dozen I will pay you the £3.' Then we left. We left the five bottles without any money. I correct myself. I believe you did sign a receipt for £1 5s.; £1 5s. was paid. It was my mistake. When we came out we met Rowe and we went to Tower Street together to get the other seven bottles. I did not give Rowe the money for the wine or for the bag. You gave Rowe the money. You may have given him the whole amount, or only enough to buy the bag, but I think you gave him the whole amount, for the wine as well. You did not give me the £1 5s. when we came out of the house. Rowe went to buy the other seven bottles, and we waited for him to come out. I did not say, "Do not let Hamlin see me because I owe him something." I did owe him something. We all three went back to your house. You and Rowe

put the labels on and took the others off. I did not say to Rowe, "Don't let him do any; he is too clumsy; I will do them." I left you. I thought you were rather suspicious when I left. We all three went out with the seven bottles. You carried both the bag and the parcel. I did not give you the money for a tram fare again. I think Rowe carried the parcel when we came out of the house. I only went with you. When we got to the "Hand-in-Hand" you spoke to Mr. Tilling first.

By the Court. Tilling hesitated to pay the 35s. because Thompson had called there before and said he was to pay nobody but him, but after a little argument he paid the money. Wright took the money. We went first to the "Rockingham" and then to a place in the London Road. They shared the money. I did not take a third. I expected some money from the other side. Wright gave the money to Rowe, saving. "You had better take Thomson's and I will take my own." I saw the money divided. They were supposed to have £1 each. less what they paid for the other wine, so it would not come to £1 each. I could not say exactly what was done. I did not go into figures at the time. We had a drink, and Rowe said to Wright, "I had better take Thompson's and you can take your own." After the money was shared out we left. Rowe had more than Wright on account of having Thompson's share. They did not suspect me because I did not ask for any money. They suspected me some time afterwards. Nothing was said about my having anything. I had not been helping in any way. I took no active part in it.

By Wright. I never went out with Tilling. I only went round the corner for a certain purpose. I did not tell Tilling I wanted to speak to him outside. I did not say to you, "Tell Tilling to pay us now." I did not say, "It is all right Mr. Tilling; I have seen Thompson; you can make out the receipt in his name and Wright will sign it." You did not say, "Thompson has nothing to do with it." I think you stood a drink, out I did not. Mr. Tilling may have treated us. Afterwards we met Rowe at the "Rockingham," and we looked inside. We were expecting to meet Thompson. I had nothing out of the money that was shared in the "Duke of Clarence." I do not know how much you had. I did not take 5s. in the first place for the expenses of the day, including the bottles and corks. We may have had three drinks, and I may have had a packet of cigarettes. You did not say, "This is the odd 6d. left," and we did not spend it.

By Rowe. I do not remember the first transaction you and I had together in reference to the bottle of Perinet and Fils. I do not remember going into Welch's office in Seething Lane and representing myself as a cellarman from the Midland Hotel, Derby, and coming out with a bottle of champagne. I did not

You did not go to Goldstein's and sell that bottle for me for 3s. 6d. I do not remember having three bottles of wine which you took over to Mrs. Tweed's. I did not put the labels on in. my house in the Borough. Before I came out of Warwick Prison I wrote to you to meet me at Paddington. I came out on August 4. I had been there for six months. You did not meet me, but I believe I saw you a week after in Eastcheap with Thompson. I did not know whether I had only 2s. 9d. or not. I did not tell you I had met a man in Warwick Gaol who wanted some champagne. On August 24 I think I went down to Hamlin's with you to get a bottle of wine. I did not give you the money to get it; I gave it to you afterwards. I gave you 5s. for it. I knew it cost 2s. 1d.

By the Court. I told Rowe before he got it that if he would get it I would give him 5s. for it.

By Rowe. I did not go with you to the "Golden" Cross Hotel and give you money to get a bottle. I think you did get a bottle, but I did not go in with you. I do not know what day it was. I did not take the label off that bottle or put it on the Saumur bottle. It was not likely, when I was under observation by Sergeant McPherson. The label was put on the bottle of Saumur that I had given you 5s. for. I gave you two half-crowns. I did not get an order for 12 bottles from Tilling. Thompson got the order. Mr. Marlowe, of Chelsea, where we tried to get the labels, did not know me. On September 7 I think you went direct to Skinner's. I do not remember going to the Hotel Cecil or to the Savoy Hotel with you and Wright. We did not go to various places beforehand. You knew Skinner very well yourselves. I did not know you had no money on the day the wine was got, nor that Wright had not any. I did not pay for all the refreshments. I daresay you carried 10s. or 11s. in your pocket. I did not give you 10s. 5d. to get the wine with.

By Thompson. I remember meeting you outside the "Elephant and Castle" a few days after I came out of Warwiek Prison. That was the first time you ever saw me. I did not ask you if you knew anybody who wanted some wine. You told me you had been doing a good trade in champagne. You did not say you knew somewhere where port wine was for sale. I told you about Mr. Tilling, and you went with me there. You were a stranger to Tilling before that. It was at the second interview that you offered Tilling some port wine, I think. Tilling asked you for some champagne, some Moet and Chandon, at the first interview. I did not say, "Would you rather have Heidsieck"; you said so. That was at the second interview. Tilling said to you one the Saturday that he had just bought some port wine for 4s. a bottle, and you told him you could sell him just as food at about 1s. 8d. We met Row quite promiscuously

on that day at Newington Causeway. I did not say, "I will meet you at 11.30 in Great Tower Street." I may have met you later on. I did not put my hand in my waistcoat pocket and pull out a handful of gold. There was no occasion to make an appointment with you in Tower Street because I could always find you there. On September 3 I may have seen, you with Rowe at the "City Arms." I did not say, "Are you going to send Mr. Tilling his champagne?" You said to me, "I shall not be able to send Mr. Tilling the champagne on the day I promised it; he will have to wait a day or two." You did not say you would not sell the champagne, nor that you did not want my company. I stand here and swear that. After that I was occasionally at the "Monument Tavern" with Wright and Rowe and several other waiters, but not treating them. I did not say to you on the Tuesday morning, "Is money stopping you from sending the champagne to Tilling, because if so here it is?" I did not have a bag of the London and South-Western 'Bank. I have known Hamlin's 12 or 13 months. I have sold some of their wine with their labels on. I have no notes of whom I sold it to. It was to several private people. I have never offered any Moet or Heidsieck to my brother in Jermyn Street. I have never sold three bottles of Moetto a waiter in the West End of the name of Brunswick, or to anybody, nor any wine labelled Moet or Heidsieck to Goldstein.

By the Court. When I called on Wright on September 14 I did not put anything under the cover on the dressing-table. I did not have any conversation with him about the envelopes.

WILLIAM STONEY . I am a draper: I have known Wright 20 years, and have always known him to hold very good positions in good hotels in London. I always understood he must have had a decent character to stop there. I have given him occasional jobs myself, and have always found him very trustworthy.

Cross-examined. I have known him as a waiter and billiard-marker. I do not know how he came to go to South Africa. Since he has come back he has been waiting at race meetings and wherever he could get a job.

(Saturday, October 27.)

JAMES GOSLING (prisoner not on oath) said that the only transaction he had in this matter was in respect of two bottles of wine which he sold to Goldstein for 5s., and that Goldstein had bought more than 20 bottles of Rowe.

Verdict, Gosling, Not guilty; Thompson, Wright, and Rowe, Guilty. Thompson confessed to a conviction for a similar offence at North London Sessions on September 16. 1904. Police stated that Wright's Christian name was George; that he had served in the South African war in his brother Alexander's

name, and was invalided home 18 months ago. Rowe had hitherto borne a good character as a waiter.

Sentences, Thompson, Nine months' hard labour; Wright, One month's hard labour; Rowe, Six months' hard labour.

OLD COURT; Friday, October 26.

(Before Mr. Justice A. T. Lawrence.)

22nd October 1906
Reference Numbert19061022-38
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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22nd October 1906
Reference Numbert19061022-39
VerdictsGuilty > pleaded guilty; Not Guilty > unknown
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BIRMINGHAM, James (50, dealer) pleaded not guilty , to an indictment and a charge on coroner's inquisition for the manslaughter of Elizabeth Birmingham, otherwise Elizabeth Davis ; he pleaded guilty to an indictment for assault whereby he occasioned the woman actual bodily harm. The prosecution accepted the latter plea, and prisoner was sentenced to 12 months' hard labour; a verdict of Not guilty was entered on the indictment for manslaughter.

22nd October 1906
Reference Numbert19061022-40
VerdictGuilty > manslaughter
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SARGENT, Alice (18, no occupation), was indicted for the wilful murder of her newly-born female child, and charged on coroner's inquisition with the manslaughter of the same child.

Mr. Arthur Gill and Mr. Eustace Fulton prosecuted.

FREDERICK HUMPHREYS , Police-Constable, 4 J R, proved plan to scale of 53, Sebright Street, Bethnal Green.

MARY ANN SARGENT . I am a widow, mother of prisoner, and live at 53, Sebright Street. On August 18 I went to bed about nine o'clock. I rose at eight next morning; prisoner got up at seven and went to bed again. I went to do my marketing, and on returning at quarter to 10 found Detective Handley in the house. Three weeks before this I had become suspicious of my daughter's condition; I said to her, "Alice, I don't like the look of you." She said, "Now, what's the matter with you, mother; I think you are going mad." This allayed my suspicions; she had always been a straight girl. As she was being taken away by the constable she told me I should find a bottle under the bed. I found the bottle, which contained the afterbirth.

JANE SARGENT , prisoner's sister. I slept in the same room with prisoner. At six o'clock on this morning I heard her get out of the bed, and she went downstairs, with only her skirt on; she came back shortly after and went to bed again.

JOHN AUCHTERLONIE , Police-Constable, 28 J R. I live in a

house at the back of 53, Sebright Street. About 6.35 on this morning I had occasion to go to my back yard, when I heard the cries of a child. I went up the yard and found the child lying 10 ft. 9 in. from the boundary wall dividing the back garden of 53, Sebright Street and my yard. The child's head was lying in a pool of blood. I took the child up and ran with it to the police station, where it was attended to by the matron aid the doctor.

JOHN BATE , Divisional Surgeon. On August 19, about 6.50 a.m., I was called to Bethnal Green Police Station, and there found the body of a newly-born female child; it was alive; it had the navel string attached to it, the free end being torn; there was some blood about the body; evidently no attention had been given to it at birth. On the head was a very large blood tumour. The skull was fractured. After attending to the child I sent it to the infirmary.

JOHN MCPHEESON JOHNSON , assistant medical superintendent at Bethnal Green, who was present when the child was brought in by Auchterlonie, confirmed the story of previous witness as to the child's condition. The child lived about four hours. On the post-mortem examination it was found that there was a blood tumour with a large quantity of blood between the scalp and the skull; there were five separate fractures of the skull; the liver was bruised. The cause of death was fracture of the skull and laceration of the brain; this was consistent with the injuries being caused by a fall of seven feet.

ALBERT HANDLEY , Detective-Sergeant, J Division. On August 19, about eight a.m., I examined the back premises of 53, Sebright Street. The mould on the rockery at the end of the garden had been recently trampled upon. On the stones at the rear exit to the house there were stains of blood. I went into the house. In the w.c. there were smears of blood. On going upstairs to the first floor front room the door was opened by prisoner. I told her I was a police officer and was making inquiries respecting a newly-born female child found that morning over the boundary wall. At that time I noticed blood-stains against the door. I asked her if she could account for them. She said, "Yes, I cut my hand yesterday." I examined her hands and saw no signs of injury. She walked away from me towards the window, and I noticed that where she had been standing there was a quantity of blood on the floor. She then commenced to cry, and said, "I will tell the truth." I cautioned her. She said, "I felt very ill this morning about six o'clock. I got up and went downstairs into the w.c. I there gave birth to a child. I felt so frightened that I threw it over the wall. My mother nor sister knows nothing about it. What will they say?" I think that, standing on the rockery in the

garden, it would be possible for a woman to throw a child to the position where this one was found.

Prisoner. I never threw it over. I put it over.

THOMAS DIVALL , Inspector, J Division. On September 13 I saw prisoner in Bethnal Green Infirmary. I told her she would be arrested on the charge of murdering her child. She said, "Yes, sir." At the station she made no reply to the charge.

Prisoner's statement before magistrate."I would not mind speaking the truth. I was not in my right mind when I did it, I was so frightened, and I did not mean to do it. I was in so much pain. I was frightened to tell mother because I thought she may carry on. I did not mean to do it. I felt as if I could have gone over and got it afterwards."

Prisoner called no witnesses and made no defence.

Verdict, Not guilty of murder; Guilty of manslaughter. Prisoner having consented to go into a home at the expiration of the sentence, and Mr. Prance, the Court missionary, undertaking the necessary arrangements, she was sentenced to four months hard labour.

22nd October 1906
Reference Numbert19061022-41
VerdictGuilty > insane
SentenceImprisonment > insanity

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FREDERICK GEORGE KEEN , 59, Dane Hill Road, Camberwell. I am foreman of Trollope and Co., stonemasons, Camberwell Road; prisoner was employed by that firm, under my orders, for about 18 years, with intervals off when trade was slack. On August 4, about half-past six a.m., I was walking along Church Street; prisoner was walking on the opposite side; we met at the park gates. He said, "Good morning, guv'nor; have you seen the relieving officer?" I said "No." He said, "Well, he said he would call and see you." Prisoner was then walking by my side. He turned round and said, "Well, it's hard to want bread and cannot get it"; with that he seemed to drop behind me. I said, "It is entirely your own fault"; because he had practically discharged himself. He just took three sharp steps and then I felt a crash on my head; I had a hard bowler hat on; there was then a second blow, which seemed to turn the handle of the weapon round in his hand, and it hit me flatways and knocked me over the low wire railing dividing the asphalte from the turf. He said, "You b——, I will kill you." While I was on my back I saw him hanging over me with the chopper. He could not get at my head then, so he stepped over the wire railing; as he was doing that I turned round and jumped over the other rails and got out of his way. He followed and tried to run after me. When he saw that he could not catch me he walked deliberately to the centre of the green and sat down on

a seat. I saw him put something under the seat. I had not seen prisoner for a fortnight before this day. He has always been a hardworking, well-conducted man since I have known him.

HENRY GEORGE NAYLOR , 20, Lisford Street, Peckham. On this morning I was walking through Camberwell Green, when I saw prisoner and prosecutor fall over the railings. I went across to their assistance; prosecutor was first away, and prisoner followed sharply. As the latter held the chopper in his hand he said, "I will kill you, you b——"; he said that twice. Prosecutor was in a staggering condition. The chopper produced is the one I saw in prisoner's hand. I went and fetched a constable. Prisoner was found sitting on a seat with his throat cut.

JOHN NORRIS , 3, Chester Buildings, George Street. On this morning I was in Church Street, Camberwell. I saw prisoner come behind prosecuter and hit him on the head with this chopper three times; I could not hear anything said. Afterwards I saw prisoner go to a seat, where he started cutting his throat.

CHARLES P. GALLY , Divisional Surgeon. On August 4 I attended prosecutor aft the police-station. He had a scalp wound on the back of the head, from which there had been considerable hæmorrhage, as a small artery had been cut. The wound was not serious; prosecutor was at my surgery three times, and I discharged him in a week. On the hat he was wearing there were two dents, one corresponding to this wound, the other indicating a second blow. The wound was such as might have been caused by a chopper.

FREDERICK HEDGES , Police-Sergeant. On the 11th instant I went to the infirmary and saw prisoner, and told him the charge on which he would be arrested. He said."I was mad at the time; I would not hurt him; I am sorry; he has been a father to me." When charged at the station he made no reply.

Prisoner's statement before magistrate. "I did not know what I was doing; I would not have hurt him for the world."

W. J. C. KEATS, Medical Superintendent at Camberwell Infirmary. I saw prisoner in the infirmary in the early morning of August 4. He was nearly dead from loss of blood and suffering from a wound in the throat, which had opened the trachea; we transfused fluid into his veins; afterwards sewed up the wound and inserted a tracheotomy tube. When he recovered he was temporarily insane; he is in a very debilitated condition through losing so much blood; probably he will remain to for the rest of his day. His mind has been gradually restored and is normal now, but he gets depressed at the thoughts of what he has done. I have no doubt he was insane at the time he committed this deed; T am sure the insanity cannot have supervened as the result of his collapse from loss of blood.

PRISONER. I have nothing to say that I am aware of, only I did not know at the time what I was doing. I do not remember anything at all that morning. I did not know anything till about a week afterwards, when they told me in the infirmary what I had been doing.

Verdict, Guilty of the assault, but insane at the time, so it not to be responsible at law for his actions. Ordered to be detained during His Majesty's pleasure.

22nd October 1906
Reference Numbert19061022-42
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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BRANSCOMBE, Albert Edward (18, porter) ; feloniously wounding Charles Edward Branscombe, with intent to kill and murder him and to do him some grievous bodily harm; attempting to kill and murder himself.

Mr. Huntly Jenkins prosecuted.

CHARLES EDWARD BRANSCOMBE . I live at 78, Southam Street, Kensington, with my wife. I am prisoner's brother. Up to September 30 we had always been on friendly terms. On that night my wife and I went to bed at the usual time. Shortly after midnight I was aroused by my wife. I went to the window. My brother was outside in the street. He said, "Charles, I want to see you." I said, "What do you want me for, Bert?" He said, "I want to see you particularly." I said, "You had better come round in the morning." He said, "No." I said "Good night" and closed the window and went back to bed. I think he was mad drunk. He was waving his hand about. I am sure he had no intention of doing anything to me. Shortly after the bedroom door was opened and he came in. He said. "Charlie, I wanted to see you particular." The next thing I remember is that I found myself in a cuddle with him. We were struggling. I did not feel anything go into me until my wife tried to pull us both away. She said, "Oh, Charlie, Bert has knifed you." I said." No, he has not." All he said to me was that I had insulted mother, that I had used foul language to her. I admit that I did say wrong things to my mother. I put this down to my own fault He would not have done it if he had been sober. I am very sorry for him.

EMMA BRANSCOMBE , wife of last witness. On September 30 I was aroused and got out of bed and went to the window and saw prisoner. I fetched my husband, and I confirm what he has said as to what passed between him and prisoner out of the window. Five minutes after my husband came back to bed prisoner came into our room and there was a cuddle between them. When I tried to pull my husband away I saw the blood. I did not see a weapon in prisoner's hand at the time.

Dr. GEORGE ROBERTSON. I examined prosecutor at the police station. He was suffering from eight clean incised wounds on the back, none, of them more than skin deep; there was also

a wound on the left hand. The knife produced might have caused the injuries. Prisoner had a very superficial cut across the throat. He was furiously drunk and raving.

JAMES GREGORY , Police-Constable, 288 X. Shortly after midnight on September 30 I went to this place, and saw a crowd round prisoner and prosecutor. I asked prisoner what was the matter. He said, "I have murdered my b——y brother and cut my f——g throat. He called my mother a f——g whore." I took him to the station and he repeated it there. Prisoner was raving drunk and very violent on the way to the station.

ARTHUR STEGGALLS , Detective, X Division. I was in charge at the station when prisoner was brought in. I cautioned him, and he said, "He called my mother a dirty, rotten whore and my father a bastard. My brother took off his belt and threatened to hit my father when I was away, so I said I would have revenge for it, and I will suffer what I will get. Theres the brother. He can't put up with what he gets. He said '——' to mother in the week, and that is what I did it for. He came down and started pasting me. I had the knife in my pocket and I stabbed him. He had me round the neck. I said. 'I have stuck my brother, and I thought I may as well stick myself.'" Prisoner was very violent; this was about half-past 12, shortly after he was charged.

Prisoner's statement before magistrate." I was drunk at the time. I remember nothing of it."

PRISONER. I am very sorry for what happened. If I had not been in drink it would not have happened.

Verdict, Not guilty of attempted murder; guilty of assault with intent to do grievous bodily harm. Prisoner confessed to a conviction of felony on August 18, 1905, at West London Police Court. He said that since that conviction (which was for dishonesty) he had been working honestly and was working hard at the time this affair happened. Sentence. Eight months hard labour.

NEW COURT; Friday, October 26.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-43
VerdictNot Guilty > no evidence

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FLEWERS, Samuel , feloniously marrying Mary Emma Blay, his wife being then alive. No evidence was offered on behalf of the prosecution, and a verdict of Not guilty was entered.

22nd October 1906
Reference Numbert19061022-44
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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PICKARD, Alfred, unlawfully and fraudulently obtaining from Florence Ludlow £115 in money by false pretences and with intent to defraud.

Mr. J. P. Grain prosecuted.

FLORENCE LUDLOW . I am unmarried and am staying with my brother. I have been a nurse in domestic service. I bad a sum of £115 in the Post Office Savings Bank at Knightsbridge on October 4 last. On that day, about 6.30 p.m., I was walking along the Edgware Road when the prisoner spoke to me. I had not seen him before. We got into conversation, and then walked through Hyde Park towards Knightsbridge, He told me his name was Alfred James. He asked me my name, and I told him. He asked me if I was angle. He told me he had a tobacconists shop at Hampstead. we arranged to meet the next day at three o'clock at Knightsbridge by the Park gates. We did so, and had a walk together, and then took a bus to Hammersmith. During our conversation he proposed that we should get married, be said he had some money in the Bank of England; he did not say how much, but that I should draw out my money and he would make it up to a thousand. I had told him that I had money in the Savings Bank, but did not my bow much. He said I should have the interest on the thousand, that it would be for my benefit. I met him again the next day, October 6, and I them accepted his proposal to marry me. He asked me to withdraw my money from the Bank and to put it in the Bank of England. I agreed to do so, and gave notice of withdrawal. He went with me to the Post Office, but stayed outside. I had by then told him the amount of money I had. On October 9 I went with him to draw the money. I then received the £115 all in notes, which I wrapped up in a parcel with the Bank book. We then got on a City 'bus. The prisoner then took the parcel from me, undid it, took the notes and counted them, and then put them in his pocket. I thought we were going to the Bank of England. When we got to Newgate we got off the bus, as he suggested we should go to St. Paul's Cathedral to get a special license from the Bishop of London. We went there, and he told me to wait a few minutes. He went inside. I waited half an hour but saw no more of him that day or of the special license or my notes. I went straightway to the Knightsbridge Post Office and told them I had had my money taken away. I then went to the City Police at the Old Jewry, and gave a description of the prisoner. On the 19th or thereabouts I was taken to the police-station and shown a number of men and identified the prisoner. There is not the slightest doubt he is the man. Each day I saw him I spent most of the day with him.

Cross-examined by Prisoner. When I first met you I did not ask the way to George Street, and you did not say, "It does not appear you want to go to George Street, we will have a walk together." I did not tell you I had £3,000 in stock at the Bank of England. It is not true that I said to you, "I want to get married; there is an interest in me getting married; if I marry in a certain time I get money coming to me; if we

went straightaway and got married in two or three days I should be all right." I did not give you the notes when we were on the 'bus to count; you took them off my lap and then counted them and put them in your pocket. I did not give you the money as a present. It is not true that we quarrelled on the steps of St. Paul's Cathedral; there was no quarrel whatever.

Prisoner. Then I found she had gone. I own I had the money, but I say it was given to me.

ALFRED HODGKINS , Licensed Victualler, 21, Beak Street, Regent Street. I have known the prisoner for six or seven years as a casual customer, but not by any name. I recollect his coming to me on October 11. He had something to eat and drink, and I changed a £5 note for him. He had what looked like a bundle of notes. He said he had had a bit of luck, and that he had won something like £115 or £150, I did not quite catch which, the day previous at the races. I did not pay much attention to what he said. This is the note I had, No. 96031 for £5, which I paid into my bank.

Prisoner. The witness is quite correct in saying that I changed a note with him, but not as to the £115 or £150. I said I had won £50, which I had.

ARTHUR BURKENSHAW , Salesman to Messrs. Sang and Co., Woollen Merchants, 21, Cork Street, Bond Street. I recollect the prisoner coming there on October 11 last. I had not seen him before. He bought some cloth for £1 9s. I saw him go to the cashier with a note in his hand.

Prisoner. That is quite correct.

HERBERT THOMAS DAWSON , Cashier to Messrs. Sang and Co. I recollect the prisoner coming to me on October 11 with a £10 note. He paid £1 9s. and I gave him the change That note was No. 93694. I sent it to the Bank to get changed. The prisoner was quite a stranger to me.

BERNARD JOSEPH ROBINSON , Clerk at the Union of London and Smiths Bank, Argyll Place. On October 12 this £5 note, No. 96031, was paid in by Mr. Hodgkins. On October 11 a, note for £10, No. 93694, was brought to us to be changed.

CLARA COBBS , Clerk at the Knightsbridge Post Office. This bank book (produced) belongs to Florence Ludlow. On October 9 £115 was withdrawn in notes. A note of the numbers of the notes was made on the back of the warrant. Amongst them appear notes No. 93694 for £10 and No. 96031 for £5.

JOHN LANDY , Detective City Police. On October 9 I received information about the loss of this £115. I made inquiries. On October 19, about 11.25, I was on Waterloo Station with Detective Ralley of the F Division. That was one of the days of the Sandown Park Races. Ralley made a communication to me, and I then saw the prisoner there. We both went up

to him. Ralley said to him, "Good morning, Mr. Knowles." The prisoner shook hands with him. Ralley then said to him, "You don't appear to know me." The prisoner said, "Yes, I have a faint recollection of you." Ralley said, "I know you as Alfred Pickard, and this officer," pointing to me, "has a warrant for your arrest." I then said, "I have a warrant; you answer the description of a man I have a warrant for for stealing £115 from a lady by false pretences; you will be taken to the Old Jewry and will be placed with a number of other men for the purpose of identification." He said, "I did not have the money; you have got to prove it." He was conveyed to the Old Jewry and there placed with 10 other men and identified by the prosecutriz at once and by Mr. Hodgkins and Mr. Burkenshaw. I then read the warrant to him and conveyed him to Bridewell Police Station. On the way there he said that he did not have the money, that I should have to prove it, and "it would be another Beck case." He was subsequently charged and searched. Upon him we found two £5 Bank of England notes, not the subject of the charge, £9 19s. 11 1/2 d. gold, silver, and bronze, a three-stone diamond ring, worth about £12, an 18-carat gold watch-chain, with spade guinea attached, a rolled gold watch, and an imitation diamond pin; also a latchkey, a box key, and a cash-box key. He was asked his address. He said he was born in Cambridge, but had not got any address. The next morning at the Mansion House Justice Room the prisoner told me he had taken the cloth that he had purchased in Cork Street to a tailor's in Hampstead Road. I made inquiries there, but found no such tailors. I was unable to find any tobacconist's shop at Fitzjohn's Parade, Finchley, of the name of Pickard, Knowles, or James. The prisoner refused all information.

Prisoner. I said it might be a Beck case; I did not say that I had not had the money; I never mentioned it I said, "You will have to prove this case, and I reserve my defence."

Witness. You repeated to me several times that you did not have the money, and that we should have to prove it Prisoner. I said I had the money, but it was given to me as a present.

Witness. You said so in this Court when you pleaded.

Prisoner. I always owned up that I had the money as a present.

By the Court. He was not represented by anybody before the learned Alderman.

Prisoner. If I had been this case would never have been brought; there were too many mistakes on the other side.

By Mr. Grain. He was cautioned at the Mansion House before being committed, but made no statement.

GEORGE RALLEV , Detective Force. On October 19 last I was on Waterloo Station with the last witness. I saw the prisoner there and pointed him out to Landy. I knew him.

JOHN LANDY , recalled. By the Court. I produce the latchkey and key of the box found on the prisoner. I have not been able to find the house to which the latchkey belongs nor the box for the box key. The prisoner had an opportunity of giving information if he so desired, but has not done so. No other property is in our possession except what was found upon him.

Prisoner's statement before the magistrate. "I say nothing here."

----CODDRINGTON produced the £5 and the £10 notes in question.

The prisoner, asked if he had anything to say or witnesses to call, replied, "I am satisfied with what I have said; I have no witnesses."

Verdict, Guilty.

The police proved a conviction of felony against the prisoner at this Court on December 12, 1904. He was given a very bad character by the police as a blackmailer of women.

Sentence, Five years' penal servitude.

The police in the case were commended by the Court.

OLD COURT; Saturday, October 27.

(Before Mr. Justice A. T. Lawrence.)

22nd October 1906
Reference Numbert19061022-45
VerdictNot Guilty > unknown

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PARSLOW, Archibald (18, carman) , manslaughter of Louis Tipper.

GEORGE MORRIS , Inmouth Street, Battersea Park Road. On Saturday night, September 8, I was on the corner of Falcon Street. I went into the off-licence and called for a drink. Tipper was there. On leaving the house we stood outside for a few minutes talking, then he bade me goodnight and walked across Battersea Park Road. I noticed a van coming along the road at about 10 miles an hour. Just as the van got to the corner of Falcon Street Tipper went into the road through some stalls, and he was knocked down by the near side horse of this van. He was at the time just against the tram lines. about three yards from the kerb. Prisoner, who was driving the van made no attempt to pull up. There were six or seven fellows in the van, who were shouting or singing. The van stopped about three or four yards further on.

DONALD DA COSTA , Resident Medical Officer of the Anti-Vivisection Hospital, Battersea. Tipper was brought in just after midnight of September 8. He was suffering from violent hæmorrhage from both ears and the nose and the back of the throat. I considered that the base of the skull had been fractured.

I did my best to alleviate his suffering, but he died at 1.15 from shock and hæmorrhage.

ROBERT CARPENTER , clerk, 27, Yelverion Road, Battersea. On this night I was in Battersea Park Road. I saw a van coming along at a very fast rate. A man started to cross the road when the van was about six yards away. The horse caught him and knocked him down and the wheels passed over him. The driver (prisoner) made no attempt to pull up; he seemed to go along at the same speed. I heard no shouting or singing.

To Prisoner. I am not deaf. I did not hear anybody shout out in the van.

HARRY BURT , 11, Golden Street, Battersea, engine fitter. I was in Battersea Park Road on September 8, about midnight, walking in the direction of the "lachmere" public-house, when I heard a rumbling sound going along the road. I turned round and I saw a van going at a very fast rate. I saw it rise in the air and turn over something. I could not see what it was as I was on the other side of the road. I then still went on and I saw a man lying in the road. He was on the tram line, across the near side rail. There was just enough room for a good-sized van to pass between the stalls and the near side tram rail; I should say the space would be about 12 ft.

Prisoner. From the stalls to the near side tram line was a little over a yard; an ordinary van could not pass between the kerb and the tramway track.

Witness. An ordinary van could pass easily, with 3 ft to spare.

Mrs. ELIZA WATKINS, 20, Athertoh Street, Battersea. I was in Battersea Park. Road on September 8, when I saw a man going across the road. This two-horse van came along and the man was knocked down by the near tide bone; the van was going very fast; I cannot say how far off the van was from the man; as the man came through from the barrows the horse knocked him down. I was standing on the other side of the road. I heard the men in the van shout. When it knocked the man down I told them to stop. They were going too fast for me to see who was driving.

WILLIAM GIBSELL , greengrocer, Poynt Road, Battersea. On this night I was standing in Battersea Park Road, and I saw the van coming down the road at a fair trotting pace. A man who was standing at the edge of the kerb left the kerb and walked across the road; when he started crossing the ran was about 10 yards off; he walked right direct in front of the horses; the pole struck him and knocked him down. The men in the van were shouting out, "Hi! hi!"and I shouted too to warn the man; he had plenty of time to save himself. The driver did try to pull up to avoid the man, and that is how the pole came to strike him as the horses were pulled round.

His lordship expressed the view that on this evidence it was impossible to establish a case of culpable negligence; prisoner appeared to have done all he could to avoid the accident. The jury at once said that they were of this opinion, and returned a verdict of Not Guilty.

22nd October 1906
Reference Numbert19061022-46
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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DURRANT, Percy (17, potman) , carnally knowing Edith Robinson, a girl under the age of 13 years. Verdict, Guilty. A further indictment for attempting to carnally know Violet Robinson, also under the age of 13, was not proceeded with. Judgment respited till next Session.

22nd October 1906
Reference Numbert19061022-47
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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STEWART, John (21, coachman) , carnally knowing Phyllis Murton, a girl under the age of 13 years. Verdict, Guilty. Sentence, 12 months' hard labour .

NEW COURT; Saturday, October 27.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-48
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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STEVENS, John (37, porter) ; robbery with violence on Martin Stengel and stealing from him the sum of 10s. [The trial took place in the absence of the prosecutor, who has had to join his ship.]

Mr. M. G. Cecil Whiteley prosecuted.

THOMAS BALL , Police-Constable. 84 H. On the morning of September 26, about one a.m., I was in Commercial Street, and in consequence of what I was told, I ran into Great Pearl Street, where I saw prosecutor, who is a foreign sailor, being held up against the wall by prisoner and two other men. One was holding him by the throat and the others by the arms, and they appeared to be going round his pockets. Prosecutor appeared to be quite sober. As soon as they saw me someone shouted out and the men ran away, followed by prosecutor and myself. Prosecutor tripped prisoner up and fell on him. He said that prisoner had robbed him of half a pound. There was no one else in the street, and I have not the least doubt that prisoner was one of the three men. I did not lose sight of him. Prisoner was taken to the station, and when charged said, "You have made a mistake."

To Prisoner. I will swear that you were one of the three men who were attacking the prosecutor.

Re-examined. A woman named Eliza Lovey came to fetch me. I was then within two or three yards of Great Pearl Street, and she said." Quick, quick, round the corner!"

ELIZA LOVEY , 29. Great Pearl Street. I remember being in Great Pearl Street on the early morning of September 26 with

a young German seafaring fellow named Martin Stengel. Just as we were coming round the corner three lads seized Stengel and rushed him to a corner, two of them holding him up while the other ransacked his pockets. I identify the prisoner at one of the three men. I then ran for a policeman. I saw Stengel trip the prisoner up, but what Stengel said was in German and I did not understand it. Prisoner told the constable in broken English that he had lost half a pound.

THOMAS BALL , Police-Constable, recalled. Prisoner was searched at the station, but nothing relating to the charge was found upon him. Verdict, Guilty.

Police-Constable Ball stated that there was no previous conviction against the prisoner, who during the past few months had been living in a lodging-house. He had refused to give any further account of himself and to say where he worked. This class of offence was very prevalent, sailors being mostly selected because, having to go to sea, they could not be present to prosecute. He had never known prisoner follow any employment.

Sentence, Six months' hard labour.

22nd October 1906
Reference Numbert19061022-49
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Miscellaneous

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SULLIVAN, John Alexander (27, dealer) ; robbery with violence on Henry Frederick Moody and stealing from him a Canadian 10-dollar bill and the sum of £1 16s.

Mr. S. Joyce Thomas prosecuted.

HENRY FREDERICK MOODY . I am a soldier in the Royal Canadian Horse Artillery, and am in this country on furlough. On September 24 I was in York Road, about quarter-past 12, when three or four fellows came behind me. One knocked my hat over my eyes, while somebody else hit me and knocked me down, causing my mouth to bleed. When I got up they all made off in different directions. I ran after the nearest man, who turned out to be Sullivan. A constable came up and asked me what was the matter. I told him, and we both ran after the prisoner. We did not lose sight of him at all until we caught him. Before I was assaulted I had in my purse a Canadian 10-dollar bill. £1 10s. in gold, and 8s. in silver. At the time of the assault my pockets were turned out and the money was taken from me and has not been recovered. Prisoner had run into doorway when the constable caught him. I recognise him at one of the men who had committed this robbery.

SIDNEY BALL , Police-Constable. 306 G. I was in the York Road on the night of September 24, or morning of the 25th. at about half-past 12. I saw prosecutor run out into the middle of the road with three other men behind him. He then ran back on to the footway, where one of the men struck him and prosecutor fell. I immediately ran to his assistance, and as I got there the three men got up and ran away up Railway Street.

I gave chase up Railway Street into Albion Street, where they separated prisoner hiding in the doorway. I shot past him. and he doubled back down Railway Street. I followed him down Railway Street into York Road, up Wharfedale Road, and eventually caught him. He said, "You have got the wrong man this time. I am a respectable man. I have just paid a cabman his fare to drive me from the Pavilion Theatre." Prosecutor followed me in the pursuit as best he could. I noticed that his lip was bleeding and his hat was damaged. Prisoner was searched at the police station and £2 8s. in cash was found upon him, two sovereigns, four two-shilling pieces, and 6d. in bronze. There was no dollar-bill nor half-sovereign found upon him.

Verdict, Guilty. Prisoner confessed to a previous conviction in 1903 in the name of John Smith. At the time of his arrest he was on ticket-of-leave, with 299 days to serve.

Sergeant Richards read the list of convictions against the prisoner, who has been twice sentenced to penal servitude. He had known prisoner about nine years, most of which time he has spent in prison. He failed to report on his ticket-of-leave for the reason that he was concerned with two others in stealing a gold watch and chain from a butler in the Euston Road. He was the associate of thieves and an habitual criminal.

Sentence, Five years' penal servitude.

The Recorder made an order for restitution of £1 and 8s. of the money found upon the prisoner.

22nd October 1906
Reference Numbert19061022-50
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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NEWTON, Charles Ernest (18, tinsmith) , forging and uttering an order for the delivery of goods, to wit, a hand saw and other articles, with intent to defraud; obtaining by false pretences from Arthur Talboys Hart and Horace Steadall and others goods value £3 11s. 4d., with intent to defraud.

Mr. Mahaffy prosecuted.

ARTHUR TALBOYS HART , assistant to Horace Stedall and Co., ironmongers, St. John's Street, Clerkenwell. I was in the shop on September 5 when prisoner came in and gave me a written order for various tools, stocks, and dies, purporting to come from Messrs. Reynolds and Co., of Goswell Road. Reynolds and Co. are customers of ours, and the order was written upon one of their printed billheads, and I had no reason to doubt that he was authorised by them. Prisoner took part of the goods ordered, and signed for them in the name of C. Newton. On September 10 prisoner came to the shop again, and I asked him if he had come for the remainder of the goods which he had not taken. He said, "Yes." I did not give them to him, but. asked him into the office. In the interval since his previous visit I had made inquiries, the result of which induced me to take this step.

FREDERICK REYNOLDS , job master and farrier, 16A, Goswell Road. Prisoner has been in my employment, but was not in my employment on September 5, and has left, I should think, nearly a twelvemonth. The invoice forms such as that produced were kept in quantities in a pigeon-hole in our office. Hit father has also been in our employ, and ceased to be so about two years ago. I did not receive any of the goods set down in the order produced.

LEWIS HARMAN , Police-Constable, 214 6. On September 10 I was called by Mr. Hart, and took prisoner into custody, whereupon he said, "This is the old man's doing." On searching him I found three pawn-tickets relating to the property he had received, also a revolver loaded in five chambers.

Prisoner read a statement, in which he said that on September 4 his father told him that if he would bring him one of Reynolds's bill-heads he would give him something for his trouble. He obtained the bill-head and his father gave him 3d. to get something to eat. Not having anywhere to sleep he went to Lea Bridge marshes and slept there. In the morning seeing the revolver lying near him he picked it up and put it into his pocket, thinking that he might possibly sell it. On seeing his father the latter gave him the forged note, and he went to the shop and got the goods, which by his father's direction he afterwards pledged, giving his father the money.

Verdict, Guilty.

Mrs. MYRA ADA NEWTON. Prisoner is my son. I have six children living. I am not living with my husband, who is a very bad character. I produce prisoner's references. I obtained a maintenance order against my husband. He has to allow me 3s. a week, which he does not always send me. I go out to work, but at present I am doing nothing I am sorry to say. One of my children was adopted three weeks ago. My daughter, aged 17, is married, and my eldest son is in the Royal Navy. Prisoner has been my sole support. I do not know how he came to be influenced by his father. I have always given him good advice, and told him to have nothing to do with his father, who is a thoroughly bad character. I do not believe for a moment my son would have done such a thing on his own account. Prisoner was invalided from the Royal Navy on account of having a weak heart.

Sentence, Six months' hard labour.

22nd October 1906
Reference Numbert19061022-51
VerdictMiscellaneous > unfit to plead
SentenceImprisonment > insanity

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DOWNER, Arthur Lionel (on bail), indecently assaulting Ruby Marshall.

Mr. C. G. Moran appeared to prosecute; Mr. Herbert Hart represented prisoner.

Mr. Hart said that prisoner had announced his intention not to surrender, and his friends were very anxious that the matter

should be settled. Prisoner was on bail in his own recognisances in the sum of £25.

The Recorder directed that prisoner should be called on his recognisances in the usual way. No response being elicited,

Mr. Moran asked that a Bench warrant might be issued for prisoners arrest.

Mr. Hart said that prisoner was taking up an unreasonable position, and treating this charge with contempt, but he had made no attempt at escape.

The Recorder. Is he staying at home?

Mr. Hart. No, my lord, he is not residing with his friends; he is a member of the Bar.

The Clerk of Arraigns. He lives at the First Avenue Hotel.

The Recorder. Have you any reason to believe he is not in his right mind?

Mr. Hart, He is somewhat eccentric, my lord.

The Recorder. He has been committed for trial in the usual way, I suppose? We will issue a Bench warrant, or perhaps a better way would be for the prosecutor to go before the magisirate and get an ordinary warrant. There are some technical difficulties about a Bench warrant.

It appearing that the accused had been committed by Mr. Bros at Clerkenwell, the Recorder recommended Inspector Moir to go to the police court and depose that a true bill had been found against Downer, who had been called upon his recognisances and refused to surrender, and ask the magistrate to grant an ordinary warrant for his apprehension. If there was any difficulty about it he would make an order for the Bench warrant to be issued. If the other warrant could be used it would get rid of the difficulty that might otherwise arise.

Mr. Moran. It is my duty to ask that the recognisance should be estreated.

The Recorder. Yes.

Mr. Hart. He has till the end of the Sessions to surrender.

The Recorder. It is quite a popular fallacy to suppose that a man must not surrender until the last day; it is a fiction which has no reality at all. He is bound to surrender whenever he is called upon. You could not try anybody if such a doctrine as that were really good, because he would defer surrender until the last day and we should not get anything done.

(Monday, October 29.)

Prisoner (having been arrested on a Bench warrant) was brought up. His conduct in the dock was most violent. The Recorder ordered him to be retained in custody, the prison doctor to see him in the meanwhile.

(Tuesday, October 30.)

DR. SCOTT, Medical Officer at Brixton Prison. At the request of the Recorder, I have seen prisoner and examined him since he was arrested on a Bench warrant. I do not think he is in a condition to proceed with a criminal trial or to defend himself or to give instructions, He has delusions of greatness as regards his position and general mental confusion.

A jury was now sworn to try the question whether accused was capable of pleading to the indictment.

The Recorder directed the jury to return a verdict in accordance with the medical evidence and the Jury found that the defendant was incapable of pleading. Upon this the Recorder ordered that the defendant should be detained during His Majesty's pleasure.

THIRD COURT; Saturday, October 27.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-52
VerdictMiscellaneous > no agreement

Related Material

AMATO, Luigi , feloniously shooting at and wounding James Hester, with intent to do him grievous bodily harm.

Mr. Fisher prosecuted; Mr. Warren defended.

JAMES HESTER , labourer, 127, Landel Road, East Dulwich. I knew the prisoner by his lodging in my father's house, 63, Greenhundred Road, Peckham. I went to see my father on Sunday afternoon, July 29. I was talking with him in the backyard about 3.30 when I heard screams. I went into the street, when the prisoner shot me in the shoulder with a revolver. I remembered no more arid was taken to the hospital. We had had no quarrel. He said nothing. The bullet has not been extracted.

Cross-examined. I ran into the street to see what the noise was. There was a crowd. There is a barber's shop at the corner of Down Street, end a baker's the opposite corner. It is some distance from my father's house. I work at Messrs. John Aird and Sons, Battersea Park Road, in centre main laying and was in work there. I know the barber by sight. My father's wife is my stepmother. She was in when I called. I did not see her go out. My father did not go out with me or follow. I went about 30 or 40 yards before I was shot I went out to see what was the matter. I did not recognise anybody in the crowd. My stepsister called me out. If I said at the police court that I heard cries of "murder" from my stepmother it was a mistake. I did not say, "She and the prisoner's wife and another woman were rowing in Greenhundred Road. I went out, and at I went out to protect her I was shot by the prisoner." I did not go out to protect my stepmother. My

stepsister is Jemima Sylvester. She only called out Jim! Jim! I had seen the prisoner in the house before, and talked to him. He shot me without any provocation; he was about five yards from me. I was convicted at Kennington Lane of assault on a busman in August. 1905, and fined 30s. and 10s. costs, or a month; the fine was paid. I was in another row about 16 years ago. I have never been charged with illtreating my wife or children. I have been in Sir John Aird's employment on and off for ten years. It is not true that on this Sunday afternoon my father and stepmother were in Greenhundred Road when I was in the house, and that they were calling upon somebody to come out and fight, and that then a fight ensued between my stepmother and other women, and that then I came up and look off my belt. I have heard the name of Ciciadolphi, but don't know if he is the barber, nor do I know a young fellow there called "Phyllis." I have never been in the shop. I did not strike prisoner. I did not see Mrs. Amato lying on the pavement. I did not call out in the crowd to Amato, "Come on, you Italian pig; we will do for you what we have done far your wife." I did not hear anyone say anything or see a man strike him or kick Mrs. Amato. I know Townsend and Hopper. I did not see them then, but I saw Townsend in the morning at Dulwich. He went to my father's before me, and I saw him there; a good many foreigners live in Greenhundred Road. I did not see that my stepmother was hurt, nor did my stepsister tell me she was. I had no idea what she called me out for. I did not catch hold of Mrs. Amato by the hair and his her. I did not see her or see her fall. I did not see Townsend fight a man or his head go through a window. I did not see Hopper seize a belt and hit a man with it. I did not take up a broom or take one from somebody else. I do not know how the disturbance started or anything about it.

Re-examined. I never came in close contact with the prisoner. I said, in cross-examination at the police-court, "I did not know my stepmother was in the fight, and I was not going to assist anyone."

JEMIMA SYLVESTER , 63, Greenhundred Road, leather cutter There was a quarrel on July 29 between my mother and Mrs. Ciciadolphi in the street, and when I saw them fighting I went to the house and called my brother. I then ran back to my mother and loosed Mrs. Amato's hands from her hair. I then looked up and saw the prisoner fire a revolver at my brother, who fell. He fired another shot, not at him, and ran away. My brother had not taken part in the disturbance. They were all women. I did not see anyone kick or hit Mrs. Amato. I did not see the prisoner go up to his wife.

Cross-examined. I have lived in the house for 14 years. My stepbrother comes once or twice every four or five weeks.

I was at home when he came and talked to him. I believe prisoner was expecting his wife. When I went out I left my brother in. I went out to see what the children were running for. There was a disturbance outside the barber's shop. I saw Mrs. Ciciadolphi (the barber's wife) and Mrs. Amato there. I did not see Mrs. Cathabelli. She lives in Bexley Alley. Town send came to our house between one o'clock and three. My brother came between 3 and 3.30, when he was there. He was not there when I went out. I did not see Hopper. I saw Mrs. Ciciadolphi fighting with my mother. Mrs. Amato then interfered and pulled my mother by the hair. Mrs. Amato had not a child with her. I ran to the house and called my brother. I have known prisoner for seven or eight years, and have not known him to be in trouble before. He is peaceable at home, except when he quarrels with his wife. I did not see my brother strike anybody. I have not seen prisoner carrying a revolver before; he showed it to me once a long while ago.

MARY HESTER , wife of James Heater. I went on July 29 to Mr. Ciciadolphi, the barber, who accused my boy of stealing 1s. 8d., to ask if it was true, and he said "Yet," and used Shocking bad language to me and flew at me with a razor and pushed his wife into me and caused us to fight in the street. Mrs. Amato took me by the hair of my head and I did my beet. I screeched for help and my daughter loosed Mrs. Amato's bands from my head. I locked up and saw prisoner shoot at my son. He then turned round and shot at Townsend, and missed him. I screeched "Murder!" and "Police." My son fell; he took no part in the row. Prisoner ran away. Hopper rathed at prisoner to take away the revolver, bat he was knocked down by some people. There were brooms on the scene after the shot. Townsend's head was knocked through the window when he went to stop the barber cutting at me with the razor. I did not hear of a belt being used. My husband was not with me. I did not call out, "Come out and fight" Mrs. Ciciadolphi did not say "Go away; I don't want to fight." I caught hold of her hair when she caught hold of mine Mrs. Amato did not try to part us. My stepson did not touch Mrs. Amato. I did not see her sit or lie on the pavement. When my daughter loosed her hands from my head she ran away. I did not know my daughter was there. Townsend took a broom from Ciciadolphi to defend himself when they came with pokers, bottles, and tilings. There was no occasion for trouble. They flew into a temper without any reason. Prisoner did not come and bend over his wife. I did not see prisoner strike him.

HARRY TOWNSEND , 38, Burton Street, Old Kent Road, engine driver. I was sitting outside Mrs. Hester's door on the window ledge when there was a disturbance outside the barber's shop. I went to see what it was and saw some women setting on Mrs.

Hester. I went to her assistance, and they asked me what I wanted. I turned round and saw the prisoner fire at Mrs. Hester. He fired a second shot, and ran down Bexley Alley.

Cross-examined. I had nothing in my hand, and did not defend myself with a broom. My head was punched through the window by the Italian barber. I did not see young Hester kick or strike anybody. I saw Mrs. Am a to in the crowd; I did not see a child with her; I did not see her on the ground.

GEORGE MABERLEY STEPHEN SON . I was house surgeon at Guy's Hospital on July 29. Hester was brought in with a bullet wound in his left shoulder, just below the collar-bone. It was not in a dangerous position. We did not extract the bullet, as it would have been a difficult operation, so we thought it better to leave it in. He was about 10 days in.

Cross-examined. There was no evidence that the shot was fired close. There was nothing burnt.

THOMAS HOWARD , Detective. The prisoner gave himself up to me in the Old Kent Road on September 5. He said, "I am Luigi Amato. I surrender myself for shooting Hester. He was taken to Peckham Police Station, and the charge read over to him, and he said." Yes." There was no warrant out against him. He wad asked by Inspector Badcock whether he understood the charge, and he said "Yes."

(Monday, October 29.)

JEREMIAH O'CONNOR , 17, Triangle, Old Kent Road. I was at the corner of Down Street at the time of the disturbance. Mrs. Hester and her husband came to the barber's shop and said to the barber, "Come out here, you bastards, and we will fight you." Mrs. Hester opened the door, and the barber came and said. "Will you go away? I don't want no disturbance outside here." His wife came to the door and Mrs. Hester caught hold of her and dragged her from the doorstep and they commenced fighting. Then old Hester asked the barber's brother, "Phyllis," to fight him. He came out and they commenced fighting. James Hester and Townsend came up and joined in the fight. James struck the barber's wife, and Mrs. Amato came from Hester's house (she had no child with her), and got between Mrs. Hester and the barber's wife and pushed them away from one another. She did not strike anybody or pull anybody by the hair. James Hester caught her by the hair and gave her a driving blow in the face and she fell insensible. I saw James Hester come up with Townsend, and Townsend struck a woman with a belt and he got his face scratched. When the prisoner came up he saw his wife on the ground and bent over her to lift her up, and James Hester struck him with a broom handle. He did not get his wife away, and then I heard a shot. She

was in danger. Prisoner could not get out of the crowd before he fired. He said "Let me get my wife away." I saw no one else struck, nor did I see anyone else try to strike him. Mrs. Amato came to them; they were striking her on the ground, and she retaliated on Townsend. The shot frightened them, and they went away. Mrs. Amato went into the barber's shop. There were no police there. I took no part in it. When prisoner came up he only tried to assist his wife. James Hester was in the crowd long before prisoner and took part in the free fight.

Cross-examined. It is untrue that Hester was not there at the time of the disturbance. I should say there were 300 or 400 people. I did not interfere to stop the disturbance. It lasted about 20 minutes. I saw prisoner fire at Hester and heard three shots. The two other shots were fired at Hopper, not Townsend. Prisoner then ran away in danger of his life. I was there half an hour before the disturbance.

Re-examined, I was a witness at the police court on other proceedings arising out of this for assaults. When prisoner came up with the crowd he had nothing in hit hand. I did not see the revolver before he fired the first shot.

RACHAEL AMATO (by interpretation). I am prisoner's wife and saw the fight. I took up my baby and went out to see what it was about. Jim Hester kicked me and threw me on the ground. Somebody came with a belt and struck me with it on the eye. The child was crying and I could not talk. I was taken into the barber's shop and don't remember any more. I did nothing to anybody to cause them to strike me. I did not strike Hester back. Some English people took the child. When I came out of the house my husband was asleep on the sofa.

Cross-examined. In the morning James Hester came at 12.30 and called me names. It was he who hit me with the belt. There was a large crowd. Nobody interfered. I lost my senses. I took no part in the fight. I did not see my husband come up.

PETER DONAU , baker, Greenhundred Road. My premises are immediately opposite the barber's. I have a lease of four houses, and have been there 27 years. I am a German. I was upstairs when I saw the disturbance commence. I heard someone call out, "Come out and fight." I saw Mrs. Hester there and an old man, I believe her husband. The barber's wife stood in front of them and asked them to go away, as they did not want to fight. They did not go, and the barber's wife put her hand on Mrs. Hester's arm, and Mrs. Hester said, "If you don't take your hand off I will knock you down," or something to that effect., Mr. Hester rolled up his shirt sleeves and

asked the "bastards" to come out and fight. The barber stood on the doorstep and said nothing. Hester said, "Put that knife out of your hand and your hand out of your pocket." He had no knife in his hand. The barber took no notice of him and went indoors. The old man kept calling, "Come out and fight," and the brother of the barber, about 18, came out, and Mrs. Hester started fighting with the barber's wife. The young fellow came up to old Hester, and at the same moment the barber's sister, Mrs. Amato, came from the opposite side and stepped between her brother and old Hester, and tried to stop the fighting. The daughter of Mrs. Hester was close by and ran away when they began fighting, and directly after three men came from Hester's house, one was Hester's son, another Town send, and the other I don't know. James Hester took hold of prisoner's wife by the hair and punched her as hard as he could in the face. Towns end went for the young man, "Phyllis." The third man knocked down Mrs. Cathabelli and hit her with his belt. The barber's wife went down first and then Mrs. Amato collapsed under James Hester's blow. He had her by the hair. Townsend fought with "Phyllis," and Townsend's head went through, the window. James Hester had a broom which he used against prisoner. Prisoner came up last. I heard a shot, and saw prisoner standing in the road. I should say there were 100 or 200 people there. I saw Hester aim blows at prisoner, who was in danger and so was his wife. They were surrounded. Prisoner fired another shot and got away and two or three ran after him. He fired the second shot at random. Mrs. Hester shrieked for the police.

Cross-examined. I am not a friend of the prisoner's. I did not see James Hester take off his belt. Prisoner fired the first shot when he was surrounded. I did not see Hester fall. I never left my room.

WILLIAM HARVEY , chief yard foreman, South London Gas Works. Prisoner has been in the company's employ for five years. He is quiet, steady, and industrious. I have never known him to be mixed up in any trouble, and has always conducted himself properly at the works. He has been back to his work during the remand, and the employment is still open to him.

JAMES BLACKWKLL YOUNG , moneylender. I was at the gas works part of the time prisoner was there, and have known him for 10 ten years as a sober, industrious young man, very saving and steady, getting a home and getting married.

By the Court. He was never a quarrelsome man.

The jury, after 2 3/4 hours' deliberation, being unable to agree, the prisoner was released on his former bail till next Session.

THIRD COURT; Tuesday, October 23.

(Before Judge Rentoul.)

22nd October 1906
Reference Numbert19061022-53
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > hard labour

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YOUNG, Mark Anthony (56, engineer), JONAS, Henry (69, surveyor). Both conspiring and agreeing together to defraud of their moneys and valuable securities such liege subjects of His Majesty as should deal with them in the purchase of certain shares, to wit, 7 1/2 per cent, preference shares and other ordinary shares in a certain company called the American Mining, Milling, and Smelting Company, and to deprive and cheat, and defraud them of their moneys and valuable securities. Unlawfully obtaining by false pretences from William Hutchinson banker's drafts for payment of £850, £987 10s., £112, and £700, and a banker's cheque for £366, and from Thomas Henry Meikle banker's drafts for £1,477 10s., £482, £1,347 10s., and £263 17s. 6d. and a banker's cheque for £1,382, and from Thomas Henry Meikle and Thomas Gordon Meikle a banker's draft for £1,347 10s., and from John Clotworthy banker's cheques for £250, £200, and £100, and from Robert MacMeiken a banker's cheque for £603 3s. 6d., in each case with intent to defraud. (Trial postponed from last Session.)

Mr. R. D. Muir, Mr. Leicester, and Mr. Kershaw prosecuted: Mr. Geo. Elliott and Mr. J. F. Vesey Fitzgerald defended Young; Mr. Turrell defended Jonas. Mr. Chas. Mathews watched the case on behalf of the "Financial News."

WILLIAM HUTCHINSON , Huntercombe, Knaresborough, cigar manufacturer. In May, 1903, in reply to an advertisement in the "Yorkshire Post," I wrote to Young at Ascham House, Wellington, Somerset; received a reply, and in consequence wrote letter (produced) to Weston and Co., 10, Coleman Street, E.C., stating that I had an offer of 1, 000 shares in the American Mining, Milling, and Smelting Company, and asking what was the nature of the property in which the reserve fund of the company was invested. On June 2 I received letter (produced) from Western and Co., stating that the reserve fund was invested in United States Government security, and was immediately available in case of necessity, and enclosing balance-sheet (produced) for the year ending June, 1902. I believed the statements made, and purchased 1, 000 preference shares, paying for them by draft (produced) £850, which is endorsed by M. A. Young, and which I sent to prisoner (Young) at Ascham House, Wellington, by post I then received certificate produced of June 13, 1903, bearing the stamped signature of H. Reid and James Reid. I also forwarded £4 5s. for stamp duty. In October I bought from A. E. York 750 preference shares tad 250 ordinary, paying by draft (produced) £987 10s., which

is endorsed by A. E. York and M. A. Young. Young introduced me to York by letter. I have never seen York. I then received from Weston and Co. certificates (produced) for the shares, dated October 14, 1903. I received the dividends regularly. On February 15, 1904, Young wrote offering me 70 ordinary shares at 32s., belonging to P. G. Levi, which I purchased for £112 and sent draft (produced) payable to P. G. Levi, to Weston and Co., and received certificate. In October, 1904, I purchased 260 ordinary shares, and forwarded cheque (produced) to Weston and Co., which is endorsed "American Mining, Milling, and Smelting Company, Weston and Co., European agents." In January, 1905, I bought 500 ordinary shares from Weston and Co. for £700, and paid for them by draft (produced) in favour of Mrs. Ellen Kerrison, which is endorsed by her and also by the American Company, Weston and Co., European agents. In April, 1905, I had been to America and gone to the reputed offices of the company, as stated on the balance-sheet, in St. Louis and New York. In New York the premises were being rebuilt, and I could not find the company either there or at St. Louis. I wrote to Young and to Weston and Co. about this and received reply from Weston and Co. (produced) stating that both offices were for purposes of agency only, and that the representation of the company was entrusted to a trust company. I also had a letter from Young, which I have lost. The dividends were paid punctually every month on the ordinary shares up to June 15, 1906 the cheque for which was dishonoured. Since then I have had no dividends or communication from the company. Cheque of June 15 (produced) for the dividend is signed "James Reid, president; H. Reid, secretary."

Cross-examined by Mr. Elliott. I have retired from business, about four or five years. I have not had much experience in investing money. I first heard of the company by the advertisement for the sale of 1, 000 7 1/2 per cent, preference shares, and stating that behind the preference share dividend there was £200, 000 dividend paid on the ordinary shares. At St. Louis I did not hear of E. M. Hill as the attorney of the company. Twelve months after I returned from America I recommended the purchase of shares in the company to Mrs. Harris, of Knaresboro', as the dividends on the ordinary shares continue to be paid monthly, and on the preference half-yearly punctually, and she bought 250 preference. I have not bought any since my return from America and have not sold any.

Cross-examined by Mr. Turrell. I ceased to believe in the company when the cheque for the dividends was dishonoured. I believed in the company because they continued to pay the dividends punctually, and. because of the representations in the balance-sheets. I may have seen Jonas when I called at

10, Coleman Street about two years ago. I cannot remember seeing him.

Re-examined. I cannot recollect the name given in the advertisement. I received letter (produced) of May 5, 1903, from Young before I bought any shares, stating that the directors had agreed to make the preference dividend cumulative, and that it would be a first charge and enclosing prospectus stating: "This company as a private partnership existed 30 years ago, and for 25 years was a successful and prosperous undertaking. In June, 1896, the private business was incorporated as a company. In 5 1/2 years it has repaid its capital more than four times over in dividends, and has accumulated a reserve fund which exceeds the amount of the capital." I sailed for America on March 11, 1906, and was away about three weeks. My last purchase was in January, 1905.

EDITH MARY KIMBERY , spinster. I have lived for four years at Trevoase, South Road, Taunton, and removed from there In August, 1906. The prisoner Young occasionally visited me there, and he paid the rent. I previously lived at 4, Carlton Terrace, Taunton, and Young paid the rent. I lived under the name of Mrs. York. Young passed as Mr. York. He continued to visit me up to June, 1906, when he was arrested Litters occasionally came for Young in the name of York, and circulars. I usually opened them and sent them to Weston and Co., 10, Coleman Street, in addressed envelopes which Young had given to me. Power of attorney produced is witnessed by me in the name of £. M. York. I believe the signature it Young's, but I did not see him sign it. I do not know if it was signed when I witnessed it. Letter (produced) from Trevoase signed in name of A. E. York I believe is Young's handwriting. I have known Young four or five years. He has written to me occasionally when away. Letter addressed from A. E. York to James Whittle (produced) appears to me to be signed by Young. [Letter read]: "Answering your query concerning the company you refer to, I am, I believe, the largest individual holder in England, and have no reason to think other than that yon can safely invest in it. I have had my interest regularly for several years, and see no reason why you should not invest, and have no doubt it is a bona-fide concern.—Yours truly, A. E. York."

JOHN CLOTWORTHY , 7, Fore Street, Wellington, Somersetshire, tailor. Young has been a customer with me for about eight years, ever since he came to Wellington, where he has lived at Ascham House. In May, 1905, I had about £500 to invest, and talking to Young about business matters I asked him if he knew of anything which was a sound investment. He said he had a splendid thing on to offer me, the American Mining, Milling, and Smelting Company, that the company owned gold and copper mines, and that he was the European agent, and that

they were paying extraordinary profits-15 per cent, on the ordinary and 7 1/2 per cent, on the preference. He told me he had invested all his money in it, and had even sold all his house property to invest in the company. I was thinking of investing in house property. Young said, "I would not do that; this is a much better thing-safe, not so much bother with rates, rents, bad tenants, and so on." He sent me pro spectus by post, which I reed, and believed the contents to be true when I saw the names of the managers and president. I believed the company owned the mines mentioned. I was most impressive to Young about the soundness of the investment. I then purchased 250 7 1/2 per cent, preference shares and £200 of Mexican bonds. Young bought them for me from Weston and Co., and I paid £450 by cheque to Weston and Co., 10, Coleman Street, which was honoured through my bankers, and I received certificate from Weston and Co. The half-yearly dividends were paid. I received balance-sheet for July, 1904, like that produced, showing the address of the company in St. Louis, New York, and London. In December, 1904, I saw Young again in my shop. He told me the company were making extraordinary profits and that he had 200 shares to dispose of, and if I invested in them at the present time I should come in for the half year's dividend in January. I told him I did not mind having 200 more, as he so highly recommended them. He said they were not always going, and I might not have a chance for some time. I bought the shares—for £200, and paid him cheque, which appears in my passbook on December 27. I received the January dividend. Young brought me in November, 1904, copy of the "Colonial Goldfields Gazette," with pictures like that produced. I frequently saw Young as a customer, and he stated the rapid progress the company was making. In May, 1905, he asked me if I had any more money to invest. I told him I had about £200 I could part with, and then he persuaded me to take some ordinary shares. He always impressed on me the big percentage the ordinary shares were paying, and that there was a bonus besides, but I preferred the preference for safety. I purchased 50 ordinary, and received letter from Young on May 12, before I parted with my money, "I enclose you certificate for 50 ordinary shares in the American Mining, Milling, and Smelting Company. They are a really good pur. chase at the price, £2 each, and will pay you at the rate of 18 per cent per annum. Dividends are paid on the 15th of each month—£1 9s. 8d. per month. You may send cheque £100, payable to Weston and Co." I then sent cheque for £100. which has been honoured. I received the dividend every month until June, 1906. In the beginning of 1906 I had taken a larger business and wanted my money, and I spoke to Young about selling out. He said he was in view of selling the whole

thing to the French. I knew he had been to Paris and he said they were bound to have it, and if I would only wait two or three weeks I should make at least £200 profit. A month, afterwards I saw him again, and he said the deal with the French was not settled yet, and if I had a little patience it was bound to come. Again in March I told him I was very anxious to get rid of my shares because I wanted the money badly to invest in my business. He said, "You must not hurry the thing"; the thing must have its course; the French men were bound to have it. I got my last dividend on the preference shares in January, 1906, and the last on the ordinary in June last, which was not paid, and I took the warrant to Mrs. Young (prisoner's mother) at Ascham House, and she gave me the money for it. I have not received any further dividends.

Cross-examined by Mr. Fitzgerald. Young recommended the shares to me because I asked him if he knew of any investment. I do not know that he was an investor himself, except by what he told me. As long as the dividends were paid I was content with the investment. If Mrs. Young had continued to pay I should not have taken proceedings.

Cross-examined by Mr. Turrell. My conversations were with Young. I had no communication with Jonas, and bought the shares on Young's recommendation.

Re-examined. I called on Mrs. Young about June 20; Young was already in custody. The police communicated with me, and I had a subpœna to attend at the Guildhall.

ROBERT MACMEIKEN , Leadenhall Chambers, London, manager to a company. I received prospectus produced from Hyams, a stockbroker's agent, and instructed my broker to purchase 300 ordinary shares, for which I paid cheque £603 3s. 6d. on August 25, 1905. The transaction was completed with Jonas through Gillespie. I received dividends regularly each month up to June 15, 1906. The warrant for the June dividend reached me on June 14 and was dishonoured. I saw Young in October, 1905. He said it was a great privilege my getting the shares, they were the property of one of the partners in America. He said the directors were all men who had been working men, horny-handed sons of toil, who had been brought up as miners and had discovered these mines, and that it was a special privilege for any outsider to get in. He said the Ruby Mine was the last purchase and was going to be the most extraordinary mine in the world, and that the dividends would be 180 to 250 per cent. I had been making inquiries before he paid this visit, and had seen Jonas. I told him my opinion very plainly—that it was a blasted swindle and a little more broad Scotch. He said I need not be at all apprehensive. I told him the thing was a swindle, and I would give him an opportunity

of bringing a libel action against me. I never heard any more about it until I heard of their arrest, which I was not a bit surprised at.

Cross-examined by Mr. Elliott. This was not by any means my first financial transaction. As a general rule, I have bought shares for investment. The shares did not yield me 180 per cent., but only 18 per cent. I do not expect to have a giltedged security with that rate of interest. Hyams advised me to purchase on the documents he had obtained from Weston and Co. He had investigated the matter and reported to me that he thought it was a good thing, and I acted on his suggestion. It is impossible for me to deny that I tried to sell my shares but could not find a purchaser. I received nine dividends of £9 each on my investment of £600.

Cross-examined by Mr. Turrell. I first saw Jonas on August 25. 1905. after I had purchased the shares which were bought from Gillespie. who I have ascertained is a member of the Stock Exchange and has carried on business for a number of years.

(Thursday, October 25.)

THOMAS GORDON MEIKLE . Strathern Leigh, Crieff, Perthshire, Master in Surgery, Edinburgh, registered medical practitioner. My father, Thomas Henry Meikle, lives with me. He is 72 years of age, has been confined to the house for the last month from heart trouble, and is quite unfit to come here to give evidence. In 1903 I saw in his possession a document relating to the American Mining, Milling, and Smelting Company. Since then I have seen several others and one balance-sheet. In 1905 I purchased through my father 100 ordinary shares for £192, and paid cheque produced to my father, who purchased the shares with his own. I sold my 100 shares in May. 1906, for £92,108., or 19s. 6d. a share. Letter of May 7, 1903. produced, is in my fathers handwriting, returning two transfers for 1, 000 shares each, and two certificates produced. I received from my father. [The following letters were put in subject to proof of handwriting.] August 10, 1903. Dear Sir,—Herewith we have the pleasure to enclose you balance-sheet for the past financial year. We are instructed by the board to inform you that in view of the present prosperity of the company a bonus at the rate of 2 1/2 per cent, will be paid each half-year on the preference shares, commencing with the next half-yearly instalment, payable December 31.—Yours truly, Weston and Co., London agents." August 22." Would you care to purchase a few ordinary shares paying a monthly dividend. We think we might secure you a small number, not exceeding 500, or any part thereof, at a price that would pay you just over 15 per cent., namely £2 4s. per share.—Weston and Co." Letter of August 24 is in my father's

writing, declining to purchase ordinary shares. Letter of August 29 (produced) is written by my father, acknowledging certificate for 1, 000 preference shares. Letter signed Weston and Co., European agents: "If you are inclined to further increase your holding we are in a position to offer you a lot of 500 to 2, 000 preference shares at a price we think tempting, and will quote on hearing from you; or a few ordinary shares—only 250—at £2, to pay 18 per cent. It is a forced sale in both cases, through heavy losses of a stockholder in the company." Letter of October 8 is my father's handwriting, purchasing the 250 ordinary and asking the price of the preference, and stating: "If you have printed information about the company I will be glad to have it The American Steel Trust collapse makes one timid." Weston and Go. on October 9, 1903, then quote 17s. 6d. for the preference shares and enclose prospectus giving particulars of the property of the company. On October 10 my father purchased 1, 000 preference at 17s. 6d. certificate of which was forwarded and cheque for £1,382 asked for by Weston and Co., and which is sent by my father on October 17. Letter produced, dated January 15, 1904, is from my father, enclosing receipts for dividends. On February 15, 1906, Weston and Co. wrote offering further shores, and on February 17 my father replied agreeing to take 500 preference at 17s. 6d. and 300 ordinary at 40s., on the" condition that the term "Incorporated" has the same meaning as "Limited," and certificates were sent dated February 29, 1904. On October 26. 1904, Weston and Co. wrote offering 310 ordinary shares and stating that if purchased before November 15 they would carry the monthly dividend then due and there was no doubt a bonus would be paid, and also offering 1, 000 preference for £850, and stating that with the bonus they would return over 10 per cent, interest, and on November 1 Weston and Co. write acknowledging my father's letter of October 31, agreeing to take 310 ordinary at 40s. each and the 1, 000 preference. On November 4 transfers were forwarded and draft for £1,477 10s. on the Commercial Bank of Scotland was forwarded by my father (produced), endorsed by "Weston and Co., M. A. Young," which passed through the Wilts and Dorset Bank at Taunton. Four certificates for 500 preference in the names of my four sisters and certifying for 310 ordinary in the name of my mother, produced, relate to that purchase. On December 12 Weston and Co. made further offer of 400 ordinary shares, stated to be the property of a builder who was obliged to sell, of which 240 were purchased at £2 and paid for by my father's drafts (produced) for £282 and £200. Letter of March 10, 1905, from Weston and Co. offers further shares, and stated that the shares are daily quoted in the "Financial News," and says, "You are quite safe in buying at the figure named, which pays 20 per cent, on the investment"; and on March 14 Weston and

Co. write acknowledging draft for £1,347 10s., and enclosing transfers for 300 ordinary shares to my father, 300 to Mrs. Meikle, and 100 to me. On March 1, 1906, letter produced is from my father to Weston and Co., and calls attention to the injurious statements in the "Copper Handbook.' On March S Weston and Co. write stating they are making inquiries and will send full reply, and stating that the attack on the company is a blackmailing one. That was followed by a letter of March 3, giving a long explanation about an impecunious builder who is blackmailing the company. Weston and Co. write on March 9 that the reserve fund of the company is in United States bonds, and on March 10 balance-sheet for 1901-2 was forwarded. On May 16 my father wrote asking how the attacks of the "Copper Handbook" had been met, and on May 18 Weston and Co. state that the "Money Market Review," who had also attacked the company, had on December 13, 1905, publicly withdrawn their assertions. On December 14 my father wrote asking for a copy of the "Money Market Review" and for official evidence that the properties as represented did exist and were in the possession of the company, and on May 24 my father wrote making an appointment to call at the office of the company on the following Monday. Letter of May 29 is from my father to Young at Ascham House, Wellington, asking for further information, and whether the money was remitted from America for paying the monthly dividends. On June 11 Young replied that the information asked for could only be supplied by the express authority of the officials of the company, which for various reasons would not be given, and that Weston and Co. as European agents had no fuller details of the company's properties than appeared in the prints. I sold my 100 shares in the beginning of May, 1906, at about half what I had given for them. On June 14 my father wrote to Young asking for his personal assurance that the company's business and profits were truly stated, for the company's head office, and whether he could find purchasers for shares. The amounts paid by my father and his family for shares amount to £7,700.

Cross-examined by Mr. Turrell. As far as I know, my father never was in communication with the police before prisoners were arrested. I was not. My father treated Young as the person responsible in England for the carrying on of the business of the company. Young was not known to have anything to do with Weston and Co. until my father went to London. Weston and Co. were the umbrella and we looked underneath to find Young.

EDWARD NINESS , 9, Oxford Road, Leeds, financial agent. I know Young. Exhibits 168 to 176 are in his handwriting. I have had about 500 letters from Young, which I can produce. In May, 1904. I replied to an advertisement in the "Yorkshire:

Post," received a reply from Weston and Co., and came up to 10, Coleman Street, London, where I saw Young and Jonas. Ihad a discussion with Young in reference to the advertisement which was as to the sale of shares. I agreed verbally to sell shares for him on commission of 2s. each preference share and 3s. 6d. for each ordinary share. On June 16 I received letter produced stating those terms and offering me £3 to superintend sub-agents. I received copy of the "Financial News' of December 18, 1905, a number of prints of an article in the" Colonial Goldnelds Gazette," balance-sheets, and a quantity of literature of that kind to send out, also an advertisement for insertion in the country papers, also a form to send to sub-agents. These were provided by Young. I sold shares to the amount of £1,725 14s. 6d., which I received from various persons and remitted direct to Young, sometimes at 10 Coleman Street and sometimes at Wellington. I was asked for references as to the company, and on Young's instructions gave the name of A. £. York, Taunton, and other persons who were shareholders in the company. Young supplied me with copy advertisements, which I inserted in the Northern papers. Young advertised himself in the London papers.

Cross-examined by Mr. Turrell. I am quite sure I saw Jonas when I came to Coleman Street in June, 1904. Mr. Young introduced me to him, but he was not present during the conversation. I acted perfectly honest in all that I did in selling the shares, and from what Young told me believed it to be a flourishing and bona-fide company doing an honest business. I believed what Young told me, or I should have had nothing to do with the business. The articles in the "Financial News" and other papers confirmed my belief in the company. Young supplied me with the "Copper Handbook," which is supposed to be an authority. Then there was the article in the "Financial News," the monthly announcement of the dividend and the quotations. When I signed my agreement Young showed me the "Stuck Exchange Official Intelligence" and various other financial papers. I made inquiries of two very prominent stock and share brokers in the North of England, who confirmed what Young had told me. I remitted the moneys to Young personally. I sold the shares on behalf of Weston and Co. I took it that Young was Weston and Co., and that Weston and Co. was Young.

Re-examined. I was shown the "Copper Handbook" of 1904, not that of 1905. I went about six times to Coleman Street throughout my dealings. I had no opportunity of inquiring into the inside affairs of Weston and Co. (To the Judge.) I have no authority to give the names of the brokers of whom I made inquiry, but will write them down for your Lordship and the jury. They are both members of the London Stock

Exchange and the Leeds Stock Exchange. They are very prominent stock and share brokers. [Names handed to the jury.] (To Mr. Leycester.) I did not communicate with America, and heard nothing from H. Reid, the president, or the other officers of the company.

FREDERICK KUHN , 2, Coleman Street, merchant. In 1905 Mr. Irons, of Messrs. Gillespie, stockbrokers, introduced me to Mr. Richter, on whose behalf I negotiated for a loan on the American Mining, Milling, and Smelting Company's shares, in the course of which I called at 10, Coleman Street, several times. The first time I called I asked for Weston and Co., and I saw Young, and asked for particulars about the company. He showed me a number of documents and balance-sheets for the years 1902-3, 1903-4, 1904-5. Later on I frequently saw Jonas. I was shown receipts for dividends, share certificates, and books. It was hinted to me that I could buy an option on a number of shares, and I had an interview with both prisoners' about the matter. I asked Young for references, and he gave me Dade, of King William Street, and Ireland, of 10, Coleman Street, who both answered my inquiries very satisfactorily. I also asked for the name of a shareholder as a reference, and Mr. York, of Taunton, was mentioned by Young as the chief shareholder—the largest. Bone also was mentioned as a shareholder. I sold 150 ordinary shares at 50s., and paid the money to Young—£220 by cheque and the remainder £80 in cash. I also received option (produced) for 200, 000 ordinary shares and 60, 000 $5 preference shares at £2 for ordinary and 18s. for preference shares, for a period of one year conditional on certain sales being made. That is signed by M. A. Young and Kuhn and Co., and dated March 13, 1906. In May, 1906, hearing certain rumours, I saw Young at Coleman Street, and told him that rumours were going about that the company was a bogus one, and had really no existence, and that the dividends were being paid out of capital. Young said it was a blackmailing attack and showed me the "Money Market Review" of January 13, 1906, in which there was a contradiction. He said the rumours had originally come from the "Copper Handbook." Jonas never said anything about it to me. I did not offer any more shares, and received a notice on May 3, putting an end to the option. One of the defendants told me that the articles were founded on documents and information obtained from the office.

Cross-examined by Mr. Turrell. I saw Jonas sometimes alone and had conversation with him. I regarded Jonas as a clerk representing Weston and Co. He never suggested he was a member of the firm. When I said at the Guildhall that Jonas told me the papers were supplied with the information by

Western and Co., that was correct. The interviews were sometimes with Young or Jonas alone and sometimes with both. The question as to where the papers got the information cropped up several times. Young told me me personally gave no information; Jonas said Weston and Co. had given the information.

THOMAS GORDON MEIKLE recalled. Cross-examined by Mr. Elliott. I bought 100 shares for £192 10s., received about £40 by way of dividend, and sold them for £96 5s., losing about £50 on the whole. When I sold them I had no suspicion as to their validity. I simply wanted information about them. I bought the shares through my father. I had had no communication with Young. I think my father sold 150 shares to Mr. Bone on June 1. I know my father had no communication with the police. I wrote to Young and asked him to introduce me to a broker, through whom I could sell shares, and he gave me the names of Keen, Starkey, and Bone.

EDWARD NINESS recalled. Cross-examined by Mr. Elliott. I was appointed agent by Young, and was paid £3 a week for generally assisting in the distribution of shares of the company. In April or May, 1906, I was approached by Mrs. Jack, 181, Worthing Street, Hull, who offered me equities in house property in Hull to the value of £5,000 in exchange for shares in the company, which I submitted to Young, and he declined to entertain it. I had a client named Newby, who bought, shares through me. I do not remember whether the certificates of those shares were in my possession in July, 1905. I think Young sent them to me, and I sent them off by the next post. The sale was about October, 1904, and was through Hart and Co. Newby sold them through Blake and Wheeler.

FREDERICK KUHN , recalled. Cross-examined by Mr. Elliott. Richter was introduced to me at the end of 1905 with regard to arranging for him a loan in the first instance of £10, 000 on the security of the American Company's shares. Young told me Richter had no power to buy and could not deliver. It dropped through because it was impossible to do the loan. The police came to me about the time of the arrest. Inspector Pentin called on me as a purchaser of shares under the name of Capt, Whittle. I thought I had somebody nibbling, and was quite willing to do the business. I gave him the particulars I had and referred him to the company for further particulars. I was under the impression things were all right, and was quite willing to sell any number of shares; I only sold 150 shares myself. I never saw the "Copper Handbook." I read the "Financial News" and the article from the "Colonial Goldfields Gazette." One hundred and fifty were sold to Baron von Egloffstein through a friend of mine who shares my office. I was only interested in 150. I do not

think my friend sold any more. I paid a commission and got a net profit of 6s. a share. My friend made a profit over his. He sold them at 52s.

Re-examined. As the shares were not quoted on the Stock Exchange I could not get anyone to entertain the loan for Richter. When Pentin called as Capt. Whittle I asked Jonas to take him round and give him particulars. I had nothing to do with the arrest, and had no communication from the police until I was called as a witness at the Guildhall after prisoner had been arrested.

To Mr. Elliott. On June 10 I called at the office and told Jonas that a gentleman from Holland was negotiating for the purchase of 5, 000 shares. I believe he was a real purchaser. He wanted to arrange a sub-option. He was coming over, but I informed him of the arrest.

WILLIAM HUTCHINSON , re-called. Further cross-examined by Mr. Elliott I left for America by the Cunard ss." Lucania" on March 11, 1905. My daughter, Lucy Adelaide, signed the receipt for the dividends. It was my first visit to America.

THOMAS WATERS WEBB , 109, St. Stephens Road, journalist, editor of "The Critic." I have known Jonas and Young since April, 1904. At that time I owned and managed a paper called the "Colonial Goldfields Gazette," which was amalgamated with "The Critic" in November, 1905. I was introduced to Young by Spurling in April, 1904, who told me that Young wanted to acquire an interest in the "Colonial Goldfields Gazette." I saw Young, but the negotiations dropped through. My offices were then in Broad Street House. In July, 1904, I moved to 4, Moorfields, the offices of Young, when he had a business called Palmer and Palmer. After the negotiation for the share in the paper dropped through I arranged to conduct the business of Palmer for him and have the use of the office for my editorial work and a commission on any shares I might sell for Young. I started that in April, 1904, and went on till July, 1905. Palmer and Palmer actually did no business. I used to send out circulars of the American Mining Company in, the name of Young to various lists of investors which Young supplied. One lot of four shares were sold to Lashlan by Palmer, that was the only business Palmers did as far as I was concerned. I published advertisements of the company in my paper and provincial papers for Young. He supplied the advertisements and paid for them. I published illustrated articles in the "Colonial Goldfields Gazette" and small advertisements advertising an income of 7 1/2 per cent, for sale. They were published about once a month. I wrote the articles from extracts from the balance-sheets and particulars supplied by Young. I knew nothing about the company. I looked up the books of reference—"Burdett," the "Stock Exchange Official

Book"; the "Copper Handbook of America," and others. In July, 1906, I heard rumours against the company that it was a swindle and saw the "Copper Handbook” of 1906. I spoke to Young. He told me my own common sense ought to tell me better—that it would be impossible for a swindle to be run in the City for 9 1/2 years without the police discovering it. He said the article in the "Copper Handbook" was a blackmailing one, because he refused to pay for the insertion of the notice again. He said he should take no notice of it—he could afford to ignore it. I printed no more articles after that. Palmer and Palmer was a name and nothing more; it died a natural death, and I took the office over in July, 1905. They had no banking account to my knowledge. Young asked me to be a director of the Co-operative Freehold House Property Trust. I am not quite sure whether I did become a director, but I think I attended a meeting. Pentin called on me before the arrest. It was common knowledge in the City that the detectives were making inquiries.

Cross-examined by Mr. Elliott. The "Colonial Goldfields Gazette" was established in 1896. It was a respectable paper, intended to publish information about gold fields in the Colonies. I became proprietor of it in 1901, and have edited it from its start. My first object was to give accurate information. I have edited for three years a local paper at Taunton, which is near Wellington, and when I was introduced to Young he told me Morris, Son, and Peard, who are the principal land agents in West Somerset, and who were the agents of the owner of the paper edited there, did his business for him, so I thought Young must be a respectable man. Then, in the negotiation for the purchase of a share of my paper, Young was to pay £100 by a certain date, instead of which he paid it on the signing of the agreement. That inspired confidence in me. In payment of the illustrated articles Young took a number of copies of the paper at the usual trade price. I believed the company was bonafide or I should not have published the article. Young paid the rent of the office of Palmer and Palmer. I was told by my printer that the police suggested I had been sailing rather near the wind myself. I do not know in what way. I sent the circulars in parcels to Niness, of Leeds, and Strahan, of Belfast—about 12.000 in 12 months., When I saw the second article in the "Copper Handbook," it looked to me like blackmail. I know hostile articles are sometimes put in for that reason. A broker I knew wanted an option of 10, 000 shares, and I tried to get it for him.

Cross-examined by Mr. Turrell. I did no work for Young after July, 1905, except inserting one advertisement of the company in my paper, which he paid for. I should not have inserted that if I had not thought the company an honest one. I

was satisfied with Young's assurances. Young was generally up in town once a month, when I saw him. I had no business transactions with Jonas at all. Neither the police nor anybody else has suggested to me that I acted improperly in connection with the company.

Re-examined. Young and I had common friends at Taunton. I never heard of A. E. York, of Taunton, or met him.

HERBERT ARTHUR WOODCOCK , advertising agent. I have been employed as advertising agent by the "Financial News" since January, 1905. Before that I was on their staff for special work. I first knew Young in December, 1904, when I heard the American Mining, Milling, and Smelting Co. required some publicity, and I called at 10, Coleman Street, and saw Young and Jonas. Young said he wanted the shares of the company quoted in the "Mining Market" of the "Financial News," where we quote a number of shares which have not a free market and which have a free market, after making most careful inquiries at to the bona-fides of such companies. I inquired of Young at to the organisation, etc., of the company. He showed me various balance-sheets and prospectuses, and said Weston and Co. were the European agents. I said I would see him later, and made further inquiries. I looked up all available sources of information—the "Mining Manual," "Stock Exchange Year-Book," "Stephen's Copper Handbook," and, above all, any doubt that might have been in my mind would be removed by referring to "Burdett's Official Intelligence," which is issued under the direct authority of the Stock Exchange. In January, 1905, I saw Young and arranged to quote the shares daily for a year for £100. The quotations began on February 18 and continued, with certain corrections which we gained either from the ordinary market sources or the offices of the company. In August, 1905, a complaint came from a from of stockbrokers alleging that it was difficult to deal at the prices quoted, and I communicated with Young. I arranged for the article of December 18, 1905, with Young to appear for the sum of £50. Young supplied the information and particulars on which it was written and I got the information from the "Stock Exchange Official Intelligence" and the "Copper Handbook," which agreed with the balance-sheets given me by Young. I found a man to write the article. Proofs of it were submitted to Young. The quotation ceased in January, 1906, in consequence of complaints which reached the "Financial News" and was not renewed.

Cross-examined by Mr. Elliott. I have had fifteen years' experience as an advertising agent, principally in connection with financial matters. I claim to have an expert knowledge of such things, and to be competent to judge of them. I could not say

if it was Young I saw first; but it was either Young or Jonas In putting in the article the amount of the cheque did not influence me. If the quotation remained unchanged for several weeks we should leave out the figure, assuming that no business was being done. After I had made inquiries in December, 1904, and hearing nothing to the contrary, my confidence in the company continued and was confirmed. If I took an article of a shady character to the "Financial News" the article and myself would rapidly be removed from the office.

Cross-examined by Mr. Turrell. I could not say if I saw Jonas in December, 1904. I had to satisfy the "Financial News" about the company and I showed them the books myself. The quotation and the article were arranged in the ordinary course of business.

(Friday, October 26.)

EDWARD ARCHDALE SMITH , surveyor and managing clerk to Debenhain, Tewson, and Co., 80, Cheapside. In May, 1903, I let two rooms on the first floor of 10, Coleman Street to Youngst £60 a year by agreement (produced), signed "M. A. Young, of Ascham House, Wellington, Somerset." I received letter (produced) from Young, giving as references Lowe and Co., stockbrokers. Rent was payable six months in advance.

Cross-examined. The rent has been paid when due and up to the present time.

JOHN MARSH TEMPLEMAN , cashier, Taunton branch of the Wilts and Dorset Bank. Young was a customer at my bank. I produce copy of his account. I have heard the name of but do not know A. E. York, Trevoase, South Road, Taunton. Young's account was opened April 15, 1903, and closed March 21, 1906, by a garnishee order on the balance, £4 15s. 5d. Drafts produced, £850, Hutchinson, June 16, 1903; and £987 10s., Hutchinson to A. E. York October 10, 1903, endorsed A. E. York and M. A. Young were paid into Young's account. The signatures of A. E. York and M. A. Young are not in the same ledger: Draft by Meikle for £1,477 10s., of November 1, 1904, was paid into Young's account. I do not find any remittances from America.

Cross-examined by Mr. Elliott The last draft paid through the South-Western Bank (Finsbury Branch) in favour of Weston and Co. was October 14, 1904. The last cheque in favour of Young is April 1, 1905. It is a cheque on the London, City, and Midland Bank, Coleman Street. I should be able to trace moneys coming from America in each case.

WILLIAM ACKERSON , managing cashier to Fox, Fowler and Co., Wellington, Somerset I produce certified extracts from our bankbooks of the account of Arthur Young, whom I know to be

the prisoner Young. I have particulars of all the credits. There is nothing from America.

Cross-examined by Mr. Elliott. There is no entry in this account of a draft passing through the London and South-Western Bank, Coleman Street Branch, in favour of Western and Co., in December, or at all.

REGINALD HUGH MCDONALD JOHNSON , cashier London City and Midland Bank, Coleman Street Branch. The American Mining, Milling, and Smelting Company had an account with our bank, copy of which I produce. With a limited liability company we require a resolution of the directors to be produced. I find no remittances from America credited. In the account is the cheque produced from T. Meikle, dated October 19, 1903, £1,382. The cheque bears the stamp of our bank. Document of June 17, 1903 (produced) which purports to be a resolution of the directors of the American company, signed by the president and secretary, was given to us as the authority of Weston and Co. to open an account. I find the following credits: On May 16, 1904, Whitworth, £454 10s.; on October 14, 1904, £366; cheque (produced) of Hutchinson, on Lancashire and Yorkshire Bank, Halifax; on December 16, 1904, (cheque produced), £482 by Meikle, on Commercial Bank of Scotland; December 23, 1904, credit of £200 coining from Whitworth; on January 3, 1905, credit of £100 coming from Young, Taunton, and £700 London and Westminster Bank by a draft of Hutchinson (produced); on March 18, 1905, draft on Commercial Bank of Scotland, £1,347 10s.; on June 19, 1905, draft (produced) Commercial Bank of Scotland, £263 17s. 6d.; on May 16, 1905, £114 10s. and £100 from Whitworth; on August 31, cash, £502 10s. in bank notes, the source of which I cannot trace.

Cross-examined by Mr. Elliott. The account was opened on July 13, 1903, by a cheque of £300 drawn by P. G. Levi, who was then a customer of ours. There is a credit in February of £250 from Young. The account is opened by Weston and Co., European agents, M. A. Young sole partner. I saw Young when he opened the account. I do not think there is anything from America.

CHARLES REID KING , manager London and South-Western Bank, Coleman Street. I produce correct copy account of Weston and Co., 10, Coleman Street, with my branch. There do not appear to be any remittances from America.

Cross-examined by Mr. Elliott. The account was opened by a draft by the Bradford Old Bank on Lloyds Bank for £212 10s. I do not find a credit by a draft on the Wilts and Dorset Bank, Taunton Branch, or from Poor, Fowler, and Co., of Wellington.

GILBERT REGINALD COMFORT , cashier London and South-western Bank, Finsbury Branch. I produce certified copy

account of Henry Jonas, of 10, Coleman Street. Cheques on that account were signed Henry Jonas or H. Jonas. It was opened August 27, 1904, with a cash credit of £21 1s. None of the credits appear to come from America. There are a number of credits by cheques drawn on the Wilts and Dorset Bank by Young—September 16, November 8, 12, 22, and December 28, amounting to about £60, April 8 and 18, May 11 and 18, amounting to £70, and one on June 9 of £5. I find several from the American Mining, Milling, and Smelting Company on the London and South-Western Bank, Coleman Street.

Cross-examined by Mr. Turrell. I have been 14 1/2 years at this branch. Jonas was personally known to the manager and we did not require any reference. The largest cheque paid in was £70 on May 22, 1906. Most of the credits do not exceed £20. The amount paid in the first quarter was £48 13s. 6d., the next £61 10s. 11d.; then £31 14s. 6d.; £87 17s. 6d.; quarter ending June, 1905, £73 10s.; to September, 1905, £30 5s. Jonas is described as a surveyor in our books. Sums received from Young are small and there are several sums from other persons besides Young. There is a credit from Starkey, of Hull.

JOHN HENRY JACKSON , partner in Toser and Co., 3, South Street, Taunton, printers. I know prisoner Young as A. Young and as a customer. We have done printing for him for several years in connection with mining companies. The first is early in 1901 for the Sunset Mining Company. We afterwards did printing for him for the American Mining, Milling, and Smelting Company—a prospectus in July, 1901, the officers named being Wm. Norman, president and treasurer; C. Edwards, consulting engineer; F. McGeoghagan, general manager; H. Reid, secretary; and stating that the reserve exceeded the total capital. One hundred of those were printed. Five hundred of the green pamphlet produced were printed in December, 1901, the officers being altered to James Reid, president and treasurer; O Edwards, consulting engineer; N. Matthews, general manager; H. Reid, secretary. The office is changed from Denver, Colorado, to 315, Commercial Buildings, St. Louis. European offices, which are not mentioned in the first prospectus, are Moorgate Chambers, 27, Finsbury Pavement, London, E.C. In December, 1901, we printed 300 of the letter produced. The draft is in Young's writing. We afterwards printed large quantities with sundry alterations, the address being 78 to 80, Wall Street, New York, and 315, Commercial Buildings, St. Louis. The name of Weston and Co. does not appear on that. In January, 1902, we printed share certicates, drafts being supplied by Young and in his handwriting. The die thereon is a stock die and is the American coat of arms. We did not send to St. Louis for it. Share certificates of the Sunset Mining Company, produced, have the eagle pasted on in the middle and can

be used for ordinary or preference or other shares. We printed 250 of those. Exhibit 6 is a covering letter for a dividend warrant perforated at the bottom for a receipt to be torn off. Weston and Co. are the London agents, and it states, "Please return this receipt promptly in order that it may be sent to St. Louis." I produce the draft altered from the Sunset Mining Company to American Mining Company, and "returned to San Francisco" is altered to "returned to St. Louis." Letter paper produced, headed American Mining, Milling, and Smelting Company, has the name printed in red ink on the top—the receipt is still to be sent to St. Louis. In June, 1902, we printed it Wellington 250 of the balance-sheet, produced, of the American company headed "Denver, July 10, 1900," and audited by "H. M. Walker, auditor, July 6, 1900." Balance-sheet for 1900-01 was printed in April, 1903, purporting to come from Denver, Colorado, August 1, 1901, and to have been audited by H. M. Walker, auditor and accountant, on August 1, 1901. I produce revised proof. Slips produced are lists of the different mines to be pasted on other documents or under a photograph. Postcard, produced, of the American company has "Capital fully subscribed $1, 500, 000; reserve fund, $2, 300, 000," and is a notice of the monthly dividend. Balance-sheet, for 1901-2 and 1902-3, and letters enclosing dividends, were printed by us in 1904. Certificate books, produced, for ordinary and preference shares of the American company were printed by us on December 1, 1904. Share certificates in French and English of the Sunset Mining Company were printed December 17, 1902. The American company's certificate is adapted from that and I produce the altered draft. We printed 20 of the card produced from a (plate supplied by Young in May, 1904. It is the card of James Reid, president, American Mining, etc., Company without further additions. On July 10, 1905, we printed 2, 000 of the document produced, setting out parts of the asets of the company. In July and October, 1905, we printed documents stating the profits of the company for nine years to June, 1905, at 27, 847, 214.83 dollars, or £5,569, 000; paid in dividends 2, 500, 000 dollars. On the second page is a list of the mines, smelters, and mills owned by the company in Alaska, Colorado, and so on. No addresses are given. It states "the company buys at least one paying mine or property each year," and gives extracts from directors' reports. We printed 3, 000 of those. Exhibit 30 is the balance-sheet for 1904-5. Then another 1, 000 of the paragraphs were printed. The yellow document produced is a French certificate for 5 dollars preference shares printed in December, 1905. We printed the signatures from blocks, produced, supplied by Young. Folding card, produced, states that the company as a private partnership existed for thirty years, and in June, 1896, was formed into a company, and gives paragraphs of the properties,

etc. In August, 1901, we printed 2, 000 circulars, "We shall be glad to receive your application," etc. Draft of letter paper, produced, has Young's writing on it altering the Additions from Commercial Buildings, St. Louis, to Wall Street, New York. Exhibits 40, 45, and 46 are prospectuses printed in 1902. Exhibit 50 is the balance-sheet for 19034, of which we printed 5, 000 in October, 1905. At the end of 1905 letter forms were printed for enclosing dividend warrants with the words in red ink, "Please return this form of receipt that it may be sent to the company "—instead of as before "to St. Louis." Letters, produced, Exhibits 168 to 176, purporting to be written to Hall in America about the incorporation of the company are written on paper printed by me. Authority signed by president and secretary, under the seal of the company to Weston and Co. to enter into all necessary engagements, and soon, purporting to come from James Reid and H. Reid is written on paper printed by me. Similar authority to open a bank account is also on paper printed by me. We had insructions to supply a seal and had one made by Baddeley and Co., of London. Impression from a die similar to that produced was given to me to make it from and we got it made on Young's instructions. I have not been paid for all the work done, but have received from Young between June, 1901, and May 24, 1906, in twenty-nine payments, £398 14s. 2d., leaving about £175 due. That included work not connected with the American company. Young lived as a private gentleman about two miles out of Wellington and we supplied him with stationery. He kept gardens, fowls, etc., and we supplied advertisements of fowls and things of that kind. The company work amounted to about £432. We printed documents in relation to Palmer and Palmer for Young which are included in the account. Exhibits 153 to 161 were printed by us.

Cross-examined by Mr. Elliott. I took no interest in the company apart from the printing. We made inquiries of our bankers when we started the business. So far as I know we did the whole of the printing for the company. We had 15 orders for prospectuses and printed 21, 450, and 10 orders for reprints of balance-sheets for 19, 250 copies. We printed 2, 225 certificates in the first place, and then we did that large lot of 50, 000 of one and 10, 000 of the other. That was the last lot. The French certificates are included in that number and charged at the same price. I would not swear that the card produced of H. Reid is done by me. We did some in that name Payments were made regularly until October, 1905, when we had to press for payment. We were on good terms with Young, and saw him frequently. We had a visit from Inspector Pentin on June 16, just after the arrest. The slips produced may refer to the Sunset Company—there is no name on them.

Cross-examined by Mr. Turrell. We had supplied two seals,

balance-sheets, prospectuses, and most of the things required by the agents of a company before May, 1904. We always understood Young was a partner in Weston and Co. Young was the person I expected to pay. We thought Weston and Co. were the European agents of a flourishing American company, and that these were the documents they would require.

Re-examined. The balance-sheets were copied from a print which was altered from time to time. I think the first we had was partly printed and partly written.

PHILLIP WELLS , Baddeley Bros., die sinkers, 19, Moor Lane, E.C. Seal produced was made by my firm to the order of Tozer and Co., Wellington, in November, 1903, and is marked with our stamp "B.B." I have been 25 years in the trade. Power of attorney of July 21, 1903, signed by James Reid, president, and H. Reid, secretary, is not stamped with the seal made by us. That and the authority to open the banking account and the articles of incorporation are all stamped by the seal marked "Found at Wellington."

Cross-examined by Mr. Elliott. The two seals produced are slightly different. The three documents I have examined might have been stamped by another seal if it were exactly similar, but there are usually slight differences which enable one to tell I identify our seal by the trade mark.

EDWARD JOSEPH EGAN , Clerk to W. H. Hart and Co., stock brokers, 26, Old Broad Street, and members of the Stock Exchange. On July 12, 1905, my firm had instructions to sell 55 ordinary and 305 preference shares of the American Mining, Milling and Smelting Company, which we were unable to sell at prices quoted in the "Financial News," and on July 19 I called at the offices of Weston and Co., 10, Coleman Street. I asked to see one of the principals, and was shown in to the prisoner Jonas. I said I was a possible seller, and asked if he could give us any assistance in finding a purchaser. Jonas said he probably could, that dealings took place frequently, they constantly had inquiries, and that at that particular time they were negotiating the sale of a large block of shares, and that he would try to include ours in the parcel. I addressed him as "Mr. Weston." I said I was a dealer at something under the quotation. I saw Jonas again a day or two after. At the first or second interview he suggested that with a view to our own protection I should let him see the certificates in order that he might see whether they were good or bad delivery on the English market. Having obtained the certificates from our clients I showed them to Jonas, and he took down the numbers. The numbers of the ordinary shares were 73925/44 (20) and 74217/51 (35). I had about 12 interviews with him. I saw Dell, the clerk, but bad no conversation with him; it was all with Jonas. About August 15 I told Jonas our clients complained that the

quotations in the "Financial News" were misleading, and I should have to get it altered. I offered Jonas the shares at the lowest figures of the quotations—2 3/8 for ordinary and 20s. for preference. He said he had no buyers and they were not buyers of the shares themselves. On August 18 I wrote to Weston and Co. stating that the quotations were inaccurate and offering the shares at those prices, and on August 21, 1905, received letter (Exhibit 190, produced) in reply, stating that the prices were absolutely accurate and right, and that shares had changed hands by thousands in the past few days at those prices, that our client had offered these shares at all sorts of prices through brokers almost all over the country. We wrote denying this and asking to be allowed to inspect share register as evidence that the shares had been dealt in as stated, and received Exhibit 192, dated August 23, declining to assist us in selling the shares and stating that transfers had been shown me. I had never seen a single transfer. We wrote on August 23, 1905, stating this. On August 24 Jonas called on us, repeated that there had been large transactions in the shares, and that he would endeavour to find us a buyer if he could. Mr. Hemsley. a partner in my firm, came in during the interview and characterised the company as a rank swindle. Jonas said there—seemed to be a conspiracy between us and other members of the Stock Exchange to ruin them and their company, that the company was a genuine company. I then received letter (Exhibit 194) of August 24, stating that the shares I had for sale could not be delivered. I replied by letter produced of August 25, and I did not see Jonas after that. On September 5 we sold 55 ordinary shares to Gillespie at 35s. We could get no often for the preference shares. I only saw Jonas and Dell. Jonas spoke of himself as a principal. I never heard his name was Jonas until the police came to us.

Cross-examined by Mr. Turrell. I saw Jonas more than a dozen times. I was under the impression he was Mr. Weston. and dare say I addressed him in that name on the first visit. I remember distinctly addressing him by the name of Weston the first time I saw him. Having asked to see one of the principals and being shown in to him, I concluded he was a principal I wanted to see the most responsible person on the premises. I never asked Jonas if he was a member of the firm. Our first interview was perfectly friendly. The last interview was not stormy, but Jonas became indignant—not excited. I was never offensive to Jonas. I prefer not to express an opinion whether Mr. Hemsley was offensive as he is my principal. Mr. Hemsley did not raise his voice. He said the concern was a rank swindle and expressed his opinion that Mr. Jonas ought to be in gaol. Mr. Hemsley then left the room. There was quite an absence of fury, or row, or uplifted voices. Jonas appeared indignant,

but did not lose his temper. We regarded him as a principal. Jonas had told us repeatedly there had been large and extensive dealings in the shares, and had offered to find me a buyer, but I was always put off. I heard he was trying to dispose of a large quantity to the French.

ARTHUR PENTEN , Detective-Inspector, City. On May 4, 1906, I saw Mr. Kuhn, at 2, Coleman Street, who introduced me to Jonas as Captain Whittle, a gentleman wanting to invest some money in the American Mining, Milling, and Smelting Company. Jonas said he was busy, and made an appointment to meet me at Kuhn's office at two p.m., where we had a conversation. I asked if he was Weston and Co. He replied, "No, but I am one of the firm." He told me the company had a number of mines in various parts of the United States. I asked him if they were registered. He said, "Yes; all our mines in Colorado are registered." I asked if the shares were quoted on the Stock Exchange. He said, "Not officially quoted, because they get 'bulled' and 'beared,' and the prices might get lowered and we should have a lot of trouble with our subscribers." I asked how many shares there were to be sold, and Kuhn said about 2, 000. I asked Kuhn if I purchased a lot of shares at 50s., what could I reasonably expect to realise for them. Jonas said, "Oh, you can get as much as 55s. I will give you an example. I have recently had an inquiry from a person to know whether we can sell some of our shares at 60s. I do not know if Mr. Kuhn has found a customer for them yet." I asked Jonas if he had any objection to my writing to two gentlemen whom Kuhn had given me the names of as subscribers, for a reference as regards the shares—Bone, of Glasgow, and York, of Taunton. Mr. Kuhn said, "Those are two of the names that Mr. Young gave me to give to anyone making inquiries." Jonas said, "I could give you the names of a lot of subscribers, but we being agents for the company I cannot do it. Mr. Kuhn being a subscriber can give you the names if he likes." I asked what would be the dividend on 200 shares. He said, 7d. per share per month or 7s. per annum—£5 16s. 6d. a month. Jonas said that the company had been formed 10 years, and Kuhn said that the company had been taken over from a private concern which had been in existence 15 years previously, making the existence of the company altogether 25 years. I asked Jonas why Weston and Co. did not transact their own business themselves of buying and selling the shares. He said, "We are only the European agents of the company. We do not buy and sell ourselves." He said if I invested before the 9th of the month I should receive that month's dividend on the 15th. Kuhn said that the company possessed 33 mines, and they tried to buy a new property every year. I wrote that day to A. E. York, Trevoase,

South Road, Taunton, asking him to give me his honest opinion whether I could safely invest. I got Exhibit 75 from York, in reply, saying, "I am, I believe, the largest individual share-holder in England, and have no reason to think other than that you can safely invest in it. I have received my interest regularly for several years, and have no doubt it is a bona-fide concern." I had also an answer from Bone. On May 16 I arrested Young at a public-house in Wellington. I read the warrant to him, which included the name of Jonas, and cautioned him. Young said, "Well, I am sorry for Jonas. He had nothing to do with it." On the way to tie station he asked who the informant was I said, I am the informant." I afterwards went to Ascham House, and searched the office, where I found seals produced and a number of documents. I brought Young to London on the 17th, and on the way he said, "I am sorry for Jonas, he had nothing to do with it. He only did as he was told. I should be a despicable fellow if I allowed him to suffer." When charged at Moor Lane Police Station he gave his name as Mark Anthony Young. I said, "Your mother told me your correct name was Francis Edward Young." He said, "I changed it by deed poll." At Wellington he asked to send telegram, produced, to "James, 6, Kenwick Road, Brixton; you are wrong, Pentin here." After the arrest I went to Ireland's office, 10, Coleman Street. He gave me four deed boxes and the keys of three, the fourth key being found on Jonas. I found at Ascham House three books of share certificates. In the deed boxes at Ireland's was the power of attorney, produced; transfer from Meikle to Bone, Meikle's share certificate and letters from Meikle to Young were found at Wellington. Balance sheets, power of attorney from American company to Young, articles of incorporation sealed April, 1902, and typewritten copy articles of incorporation sealed April 15, 1902, certified in French to be a correct copy by James Reid, president, were in a deed box. Code book produced was found on Young. At Wellington there were a number of letters from Jonas to "Madras," Young's name in the code. In the deed box was a letter from Stephens, the editor of "The Copper Handbook." At Wellington there were some pamphlets of Palmer and Palmer. In a deed box was agreement between the Co-operative Trust and Young, selling everything except Jonas's shares to Young for £60. I received on June 13 letter produced from the American, police at St. Louis. At Wellington I found Exhibits 168 to 176, correspondence between Hall, of 315, Commercial Buildings, St. Louis, and Young, from October 14, 1901, to June 13, 1902. I found no correspondence with America except letters produced. In a deed box at Ireland's were three manuscript balance-sheets for years 1896-97, 1897-8, 1898-9, certified by H. Reid, secretary, as correct copies. I have not seen any printed copies of those.

Cross-examined by Mr. Elliott. I went as Captain Whittle to get information, and saw Jonas. I had heard from Newman who, I believe, is a builder. I do not know him is a solicitor. He has been one I believe. I do not know he was in debt—I have heard it from Young only. I did not see Hutchinson till after the arrest, or Mr. MacMeikin, or Dr. Meikle, or his son. I did not act on information received from them. The information did not refer to either of them. It did not mention any name. I found Young in the saloon of a public-house at Wellington. He made no attempt to escape. The object of his conversation seemed to be to shield Jonas. I found some money on Young—not £50, 000. I have not found as many hundreds. I think Toser and Co. were the only printers employed. I have not been able to trace how much was paid to financial papers or magazines.

Cross-examined by Mr. Turrell. The business of the company was obviously conducted not only at Coleman Street, but also at Ascham House, that was obvious from the documents. Before I had been in Young's company a minute he said, "I am sorry for Jonas." I told Young Jonas was charged with him and he at once said, "Jonas has nothing to do with it" He apparently wanted to shield Jonas as much as he could. On the way to London he said, "I am sorry for Jonas, because he had nothing to do with it. He only acted under instructions and did what he was told. I should be a despicable fellow if I allowed him to suffer." I talked the matter over with Kuhn before I saw Jonas and he stated that the company was a flourishing company, paying large dividends, and that there was a sale for the shares—practically the same statements as were made afterwards by Jonas. It is difficult to remember what was said by Kuhn and what was said by Jonas at the interview. Kuhn certainly took a very material part in the conversation. I think it was Jonas who said the shares stood at 55s. Kuhn was taking quite as much part in the conversation as Jonas. I am sure Jonas said he was one of the firm of Weston and Co. I know what Jonas did say—I was there for the purpose of listening to what he said. I have a note of his saying he was one of the firm: "Jonas said, 'I am not Weston and Co., but I am one of the firm.'" I learned he was one of the staff before I saw him—like Dell. I always looked upon him as the principal in London. When I swore the information I regarded him as one of the staff.

Re-examined. I cannot say what has become of the £50.000. I made some notes during the interview and completed them directly I got away. I always looked upon Jonas as the London manager.

ARTHUR THORPE , detective constable, City. I was present at 10, Coleman Street, when Jonas was arrested. I saw Jonas

take letter produced off the table. He folded it and was going to tear it, and I took it from his hands. It is Exhibit 133 from Meikle. I obtained from Frank Bain agreement produced (Exhibit 297) between Bain and Young to engage Bain as manager of a firm of Palmer and Palmer dated January 1, 1904.

Cross-examined by Mr. Elliott. I got to 10, Coleman Street, at 12 o'clock. I did not find the envelope of the letter. It is dated May 14 and probably arrived in London on the 15th. I should think Young had not seen it.

Cross-examined by Mr. Turrell Detective Ottoway went with me. He was starching the tables and talking to Dell. There were two tables in the room, one belonging to Jonas and the other to Young. The letter was on Jonas's table. I am not mistaken about Jonas trying to tear the letter up. I had to remove him to a chair at the end of the room after he attempted to get hold of this letter. Dell was in the office at the time and might have seen it or might not. I held Jonas's wrist and took the leter from his hand. There were a number of letters that he wished to get at on the table. That is the reason I removed him.

(Saturday, October 27.)

HENRY GARRETT , detective-sergeant, City. I was present with Ottoway when Jonas was arrested and the rooms of Weston and Co. searched. Thorpe was standing by the side of Jonas. I saw Thorpe take a document from Jonas's hand. He turned to me and said, "Look after Jonas." I requested Jonas to sit in a chair. Thorpe took the letter and placed it in his pocket. Jonas said nothing.

Cross-examined by Mr. Turrell. I saw a movement by Thorpe towards Jonas, and he took the document from him.

JOHN OTTOWAY , Detective-Inspector, City. On Saturday, June 16, I went to the office of Weston and Co., 10, Coleman Street, where I saw Jonas. I said, "I am a police officer, and hold a warrant for your arrest, charging you with conspiracy to defraud." I read the warrant. He said, "I have nothing to do with the American Mining, Milling, and Smelting Company. Mr. Young is a friend of mine, and, by an arrangement between him and myself, I have the use of these offices. I am secretary and manager of the Co-operative Freehold House Property Investment Trust I know nothing of the company only through the papers. If the shareholders call here for their dividends I give them their cheques." I then searched the offices and took possession of a large number of books and papers. Jonas was taken to the station. He gave the address Periston Road, Hornsey, N., where I found a number of documents. At the office were two dividend warrant books in the safe; various letters were in the safe and on the desks from Meikle and Jackson

to Weston and Co.; Young to Dell; draft letter from Dell to Young; Dells code book. At Periston Road was a brown paper parcel of letters, including several from Young to Jonas, and press copy letters from Jonas to Young. In the deed boxes at Ireland's were three certificates to M. A. Young, February 14 1901, 7, 500 Ordinary shares; September 15, 1905, 10, 000 Seven and a Half per Cent. Cumulative Preference; and September 15, 1905, 20, 000 Ordinary shares; certified copy charter of the American Company, dated April 17, 1904, and certified September 27, 1904; copy of the Articles of Incorporation, dated June 30, 1906, and the original dated April 15, 1902. In the office was a copy of the "Mining and General Telegraphic Code." I found no register of the shares of the company. I found a number of counterfoils of dividend warrants representing 7, 904 shares. Photographs produced were in frames hanging on the walls. I found no documents from the company in America or letters, or copy letters from Weston and Co. to the company in America. The police have received no communication from the company in America since the arrest, or from James Reid, the president, or H. Reid, the secretary, or any officer of the company. The offices have been under my charge, and the only document that has come from America to Weston and Co. is the bill produced for $10 from the Moody Corporation for a copy of "Moody's Manual."

Cross-examined by Mr. Turrell. The room in which Jonas was found was searched before he was taken to the station. Jonas did nothing to prevent my taking possession of the books or searching the office. I asked him if he had any letters or papers at his house in connection with the company. He said he had not. He afterwards wrote a letter to his wife (produced), in which he points out where certain letters from Young to Jonas will be found. The searching of his house was done at my suggestion. He gave me facilities in telling me where the letters were. We knew his address; it was stated in the warrant. I found a bundle of letters in a box covered with a cloth in the drawing-room, put apart from the bulk of the letters. They were private letters between Jonas and Young.

Cross-examined by Mr. Fitzgerald. Since the arrest a number of letters have arrived from various persons. Two bank clerks called on the day of the arrest to have some dividends paid. I could not allow them to be paid after these men were in custody. It was by my orders that the dividend warrants were not honoured.

FRANK DELL , clerk. I am still in Young's employment, and have received my wages up to date. I entered his service as office boy 3 1/2 years ago, when he was trading as Weston and Co.

at 10, Coleman Street. Levi, who was connected with Palmer and Palmer, introduced me. The name of the American Mining, Milling, and Smelting Company, Limited, was up on the wall. I never saw James Reid, president and treasurer; C. Edwards, the consulting engineer; Matthews, the general manager; H. Reid, the secretary; or Walker, the accountant I took the letters from the letter box when the offices were opened. There was a little correspondence from America—about two letters a month to and from on the average. I press copied the letters that were sent. The name of Weston and Co. was painted up. Mr. Young was Weston and Co. as far as I knew. The Financial Mercantile Agency was up and was painted out two or three weeks before the arrest. I had no idea who was the Financial Mercantile Agency. Palmer and Palmer, Broadway, New York, was also up, and also the Co-operative Home Property Investment Trust, Limited. No business was done that I saw by either. I never met Mr. York, of Taunton, to my knowledge. Jonas and myself were in the office, I in the outer office and he in the inner office, and people who came on business were shown in to him. I used to go into the inner office. I did not act as principal in any way. I was the office boy and clerk. Young came once a month for about a week or 10 days. During his absence Jonas did the business, a good few people came, and I used to show them in. Jonas came there about 18 months after me. He followed Levi. Levi was more like a partner. I understood Jonas was merely a friend acting on Young's behalf while he was away. He had no pay to my knowledge. I do not know what he lived by. I thought he was living on his means, and doing the business more like a pastime than anything else. He moved to 10, Coleman Street, about the end of May, 1904. There were very few books—one letter-book was marked American, etc., Company. Mr. Young copied letters into that. It was kept in the safe. I never had a key of the safe, but used to get the books out with Jonas's permission with his key. Letter-book produced has both Young's and Jonas's writing in it. Letter to Starkey, referring to a charge of 10s. for entering certificates in the books, is in Jonas's writing. I have no idea what books it refers to. That letter is signed "Weston and Co." in Jonas's writing. That letter-book is the only book of the American Company in the office to my knowledge. Some 10 letter-books of the Co-operative Trust were put in the safe shortly before the arrest. Book produced is the minute book of the Co-operative Trust; the last minute is November 14, 1904, and is signed in ink by H. Jonas and two other names put in in pencil. The previous minute is August 16, signed in the tame way. Young had a list of shareholders of the American Company. I have seen it in the safe about two yean ago—not since. It was about as large as a letter-book. I had a paper list of share-

holders sent me by post for addressing the envelopes and preparing the dividend warrants. I returned it by post to Young at Wellington, and kept the warrants and envelopes till Young came to town on his monthly visit, when he would sign them. Mr. Young prepared cheques, like that produced to MacMeikin. I Ithink that is Young's writing—it is quite clear writing. I cannot read the signature at the left corner, nor do I know who wrote it. It is the only written signature on the document. It is a dividend warrant to MacMeikin. That is the only letter-book of the American Company I know of Weston and Co. have a number of letter-books dating from February, 1902. I have not seen any books of account of Weston and Co. Ireland was Young's solicitor and had offices at 10, Coleman Street. I wrote to and received letters from Young, and spoke of Ireland in the letters, sometimes referring to him as "Niceness," a code name, which I used by Young's direction about 18 months ago. Meikle was a large shareholder. Except York, I know of no other large shareholder. Meikle's code name was "Nightly," and I used that name in correspondence by Young's direction. I was "Newfangle," Young was "Niggardly," and Jonas "Niggard." Jonas celled Young "Madras," because Young had been in India, as he told me. The company had a seal kept in a cupboard in the inner office, the key of which was kept in the safe, which I could get when Young was there, and I used to apply it to share certificates in Young's presence. I had red paper seals, which were put on and impressed with the die. Exhibit 182 is a letter in Young's writing to me of September 28, 1904: "Dear Frank,—Yours of yesterday. You do not enclose card or name of the man who called yesterday. He Writes for the 'Mining Year Book.' You have been bad. The 'Mining Year Book' is on the safe, and is published by the 'Financial Times,' a paper always dead on W. and Co. and the company. You had better buy the 'Financial Times' daily for at least two weeks, and see if they slate us again.” Q. Is that a fair specimen of the correspondence passing between Young and you? [Mr. Turrell objected to witness giving an opinion—question withdrawn.] Exhibit 224 is in Young's writing to me "Wilson, Ellis, and Schofield.—I have written Mr. Jonas we are not brokers—it is not part of our business to act as such, and it is immaterial to us whether they get replies to queries made in America, which will be unlikely considering there is a London office”—that refers to selling shares in the American Company. Letter of July 27, 1905, to Jonas, is in Young's writing. 'Financial Times.' I confirm my wire. It is not the first time they have abused the company, but it has gone on the even tenour of its way all the same. Besides, it is a known thing they have accepted £5 from me through Webb to put the article in the "Year-Book" and now they slate the company. Anyway it is inconsistent, and notwithstanding all they say it is ex parte. They cannot prove their word—this

I can defy them to do." Letter of July 28, 1905, to Jonas of 'similar tenor: "I know they cannot know" is three times underlined—"I am on the sure side." Letter Young to Jonas, August 6, 1905: "Malony. Why not trap him and let them go on with the deal and then Malony cannot deliver, ” etc. Exhibit 227, Young to Jonas: "Hart. The shares, both preference and ordinaries, are J. M. Newby's—the numbers are exact. We have reason for not assisting Newby to sell. He bought through Newman and we decline to help him. Write Hart and Co. as follows: Dear Sirs,—Referring to yours of 18th the prices quoted in the "Financial News" are absolutely accurate and are the latest prices at which shares have changed hands by thousands in the past few days. We are not accustomed to making fancy prices. We name the price at which shares were actually dealt in and the prices paid to our own knowledge. We are not brokers, and your client has offered these shares at all sorts of prices and through brokers almost all over England." Exhibit 228: "York will have to sign this contract with me and he won't be in Taunton until Thursday Anyway by Saturday you can have details you want. P.S.—Have the agreement licked into a proper shape and send me between A. E. York, Taunton, and May, Wellington, as vendors." Exhibit 229, Young to Jonas: "MacMeiken. Herewith find certificate herein. Please affix red seal and apply seal of the company in left-hand corner. Frank has seals." I had charge of the red seals and applied the seal in that case. With reference to Exhibit 231, Young to Jonas, I saw Richter. He was trying to negotiate a deal for a very large quantity of the company's shares in Paris. The letter says, "Richter. Yours of 2nd. There is no objection to Richter perusing the bylaws of the company—when deal is concluded he can have a copy—they are not to be taken out of the office. Get contract first if you can before showing it. Certified copy of the certificate of registration enclosed. I strongly object to any communication being made to the company direct—the directors have spoilt several prospective deals by declining to give information; secondly, by saying they are not sellers and have nothing to do with the British or European sales of shares; thirdly, because they want to acquire these shares and will depreciate any attempted operations in order to lower the value of the shares in the hopes of being able to buy same if the deal cannot go forward. Then cry off if Richter wants a delay." Letter of September 27, 1906, is written by Jonas to Madras (Young) from Paris." They could not receive any answer from America about Jas. Reid and they will hear from you that James Reid is really alive and an honourable man. They are satisfied with price and everything, but they would hear from you what you know about the mine and that the mines are not exhausted." Exhibit 234, of September 28, 1905, is

from Jonas in Paris to Young. [Several letters were put in explaining the progress of the negotiations with Richter.] In Exhibit 238, January 25, 1906, Young writes to Jonas, "I wish you were in my position—you do not pay forfeit." Exhibit 240: "I wish I could send you a cheque, but I am as short as yourself." Young to Jonas, April 29, 1906, "I have not £5 in the world and certainly not in the bank. You can have £10 out of the first money received." [Letter of May 10, 1906, read.] I had my suspicion the police were watching the offices, but not for this purpose. I thought it was only a writ or subpœna to serve on Young. I am not a lawyer. "Ventris" is Ventura—he called at the offices, but I did not tee him." Slippery" was Mr. Starkey of Hull. Rousseau was one of the men concerned in the Paris deal. Ventura used to call at the office about once a week and a little more frequently towards the end. I have seen him since the arrest and spoken to him about a fortnight ago. I have not seen him in Court. [A large number of letters from Young to Jonas and Dell were identified by the witness and read.] No letters were burnt. I and Jonas packed up a quantity of books. Jonas told me it was being done because Ireland was to have our rooms. Letters and invoices were taken to Ireland's office and the Co-operative Trust books were put in the safe. Ireland was coming in and out seeing the whole thing. He told me he was going to move into our offices. I have seen Irons. I did not know him as Mr. Green. I do not know what occupation he follows. I talked to Jonas about the police watching. We could not make out what they were watching for. Jonas was going to Old Jewry to inquire, but Mr. Young prevented him, and he never went. Jonas told me Young stopped him—told him to let them try and do their worst; it was a lot of trouble for them for nothing, and Jonas said if there was nothing why be afraid to go round and see them. Young wrote to Jonas, "Absolutely do nothing, say nothing, write nothing. What we know as bankers is our affair, and we will not disclose. We take no responsibility for the company, and as bankers decline to admit any. You had better burn and destroy all letters from me and burn all envelopes, especially Paris communications." Referring to letter of May 22, 1906, from Jonas to Young, "Did you get the £50 in gold yesterday from Ventura?" a cheque was taken to the bank for £50 signed Weston and Co., and cashed in gold by Young's instructions, and, I believe, handed to Ventura. I wrote letter to Young of May 28, 1906. Mr. Menzies, sen., had an interview with Jonas, and then Dade and Dr. Meikle came with a friend. I have not seen the friend since. When Dr. Meikle and his friend left. I. followed them on Young's instructions by letter, hiding behind them. They were talking very

loudly. I was to go to see if Dr. Meikle got into communication with Newman. I followed them about all day.

(Monday, October 29.)

HERBERT ALBERT PLUM , of Cash, Stone, and Plum, chartered accountants. I have examined a number of balance-sheets of the American Mining, Milling, and Smelting Company Incorporated, U.S.A., from 1896-97 to 1904-05. I have practised the profession of accountant for 22 years, and have examined such balance-sheets for the purpose of seeing whether they represent a genuine business or not Each balance-sheet contains errors of principle which lead me to think it could not be the balance-sheet of a genuine company. I am prepared, if desired, to point out the grounds on which I have formed that opinion.

Cross-examined by Mr. Turrell. I did not hear MacMeiken give his evidence. I have had a good deal of experience in American balance-sheets. I never found any difference in principle between American and English balance-sheets. If MacMeiken said there was nothing extraordinary in these balance-sheet he could not have examined them.

ALBERT EDWABD HOLE , clerk in the Registry of Public Companies, Somerset House. I produce file of the Co-operative Freehold House Property Investment Trust, Limited, which was incorporated June 28, 1902, with a capital of £25, 000 in 475, 000 ordinary and 25, 000 deferred shares of 1s. each. James Pawson, Moore, Dixon, and Dyball were directors; and Digby, a solicitor, secretary. The Registered office was 64, Middleton Square, afterwards removed to 61 and 62, Chancery Lane. There were three shareholders besides the directors, and the paid-up capital was £405. In April, 1904, the registered office was removed to 4, Moorfields, and subsequently to 10, Coleman Street. On March 28, 1904, 25, 000 ordinary shares were allotted to Jonas for professional services and money paid. The last annual return is December 21, 1904. Neither Jonas, Young, nor Webb have been returned as directors.

Cross-examined by Mr. Turrell. The first return from Jonas is dated April 17, 1903, the company being incorporated June 20, 1902.

FRANK DELL , recalled. I have examined Exhibits 112, 113, 115, 121, 123, 124, 128, 190, 192, 194. The handwriting is like Jonas's. I have examined the list of exhibits produced and stated the handwriting to the beat of my knowledge.

Cross-examined by Mr. Turrell. When I entered Young's employ 3 1/2 years ago Jonas bad an office at 62, Chancery Lane. He did no work there for Young, to the beat of my knowledge.

He moved afterwards to 4, Moorfields, and I moved his furniture. He had nothing to do with the business of Weston and Co. at 4, Moorfields, or with the American Company or with the shares. Jonas had a dispute with Levi at Moorfields, and then removed in May, 1904, to 10, Coleman Street. He was then doing, or trying to do, business as a surveyor, and he did work for Young not connected with Weston and Co. or with the American Company. In April, 1904, before coming to Coleman Street, he went to Hull to inspect property for Starkey. After coming to 10, Coleman Street, in the case of Newman and other cases, he went to inspect land as a surveyor for Young. Levi left about May, 1904, and I took Levi's place. From that time down to August I did all the work connected with Weston and Co. and the American Company. The letters and the keys and everything else were in my hands and under my management. Then I had to do certain correspondence, and found a difficulty in composing the letters, and Jonas being in the office I used to consult him, and he assisted me. The keys of the safe remained in my possession till the end of 1905. I never saw Jonas seal any document. I sealed documents in Young's presence. I cannot remember sealing any without his being present. I remember the letter of November 3: "Dear Frank,—Certify the transfer, and put the two small red seals at the side and post early." I sealed that. Down to the beginning of 1906 my position with regard to this company was quite as important as that of Jonas. At that time I had succeeded Levi, and Jonas, as a friend of Young's, and doing other work for him as a surveyor, assisted me from time to time in matters in which I required outside assistance, I still having the control of the office—having the control of the documents, having the control of seals, and in some cases putting the seals to documents in the absence of Young. I kept the passbooks all the tome, wrote the cheques, and reported direct to Young persons who called at the office, and was confidential clerk in the confidence of Young, quite as much and more so than Jonas. I believed there was such a person as York. I never knew that York was Mr. Young. Young kept that from me and from Jonas and everybody. It would have made me suspicious to have learned that Newman had a quarrel with Young and they had a Chancery action. I was put on to watch the police. I thought they were watching to find out where Young was so as to serve him with a writ or a subpœna. I thought it had nothing to do with the American Company. I talked it over with Jonas several times. He said he did not think it was about the company. About September 12, 1905, Jonas went to Paris on Young's instructions to negotiate a sale of shares. I was present when Jonas was arrested. I did not see anything suspicious in the way in which he dealt with any document What Jonas did was to ask for his handkerchief, and they

would not let him have it. As to his destroying any document, he went right away from the table. The letter from Dr. Meikle was in an envelope, just as the postman had delivered it. Jonas did not open it. I should say the police did.

Re-examined. I should say it was a made-up story on the part of the police—that not having quite sufficient evidence against Jonas they try to make it stronger. I do not know that Young stayed at Haxell's Hotel. I have seen Miss Kimbery once or twice. I knew her as Mrs. York. I did not know that she stayed at Haxell's Hotel with Young as Mrs. York.

ALBERT PLUM , recalled. Cross-examined by Young. The first inconsistency in these so-called balance-sheets is that on June 30, 1898. There is a balance stated to have been carried forward to reserve of $98, 000, and it is stated that during that year there was carried to reserve $322, 965. The balance-sheet stated that $996, 000 is the profit said to have been made in 1897. It follows that if these accounts had been right there would have been a balance to reserve of $998, 000, representing profits made in 1897, and the further amount of $342, 985 representing profits made in 1898. The balance-sheet only shows the one figure of $998, 000, and I say that the balance-chest is wrong, that there were assets omitted on the one side, and that the reserve fund was understated on the other. Next year to June, 1899, the reserve fund is brought forward as $1, 340, 966, which is the correct figure, instead of the last year's statement of $998, 000. There is again stated to have been $159, 000 added to reserve, but again the balance-sheet is incorrect, became that $159, 000 is taken away from profits and has not been added to the reserve in the balance-sheet. The assets of this year were therefore understated by $159,014, and the reserve fund was likewise incorrectly understated by the same sum. The next year the balance brought forward to reserve is incorrectly stated as $1, 500, 000, although the leaving-off point in the last balance-sheet was the smaller sum. Those two figures must have been the same had me balance-sheet been a correct one. Again, there is stated to be a profit of $138, 015 added to reserve, but again the same error of principle is made; that was not added to reserve. The assets were understated and the reserve fund was understated. In 1900-01 the reserve fund ia $1, 638, 000, and there is said to have been added to reserve $295, 000. Practically me same error is committed. The addition to reserve is not added to the existing reserve. I say the assets of that balance-sheet are understated by that sum and that the reserve fund is understated by that sum. In the next year 1901-02 exactly the same error of principle is made. The reserve fund is brought forward as $1, 933, 000, which did not agree with the sum stated in the previous balance-sheet. There is again stated to have been $455, 000 carried to reserve, but again no

effect is given to it, and instead of having the addition of $450, 000, the reserve fund remains at the same figure as it should have been at the beginning of the period. I say the assets are understated, and the reserve fund is understated by that amount. In 1902-03 reserve fund is brought forward as $2, 383, 000, which is correct, assuming that the reserve of 1902 had been added, which the balance-sheet shows it had not been. There is no allocation to reserve at that point, and therefore the reserve fund stands at $2, 383, 000, the correct figure, though it did not agree with the balance of June 30, 1902, which was an incorrect figure. In the next year the reserve fund of $2, 383, 390 is brought forward, no addition is made to it, and therefore there is not the same opportunity for error in that year. Arithmetically the reserve fund is stated correctly. The next year is the balance-sheet of June 30, 1904. The reserve is brought forward at $2, 383, 390, the correct figure as by the last balance-sheet. There is stated to have been an addition by profit and loss during the year of $616, 609, which should be added to reserve; instead of that it remains at $2, 383, 000, and I say that balance is incorrect by that sum. The next is the balance-sheet of June 30, 1905, and there the reserve fund is brought forward at $3, 000, 000. That includes the $616, 609, but you cannot have a reserve fund at one date which does not agree with the reserve of the previous date. The accounts are wrong throughout. [To the Judge.] The conclusion to me is irresistible that these figures are strung together by someone not acquainted with accounts sufficiently to make his so-called profit and loss account fit in with the statement of assets and liabilities. Even assuming that the whole thing it a bogus affair, he could have made a balance-sheet that would have defied criticism. In other words, he did not understand the effect he was producing. [To Young.] The aggregate discrepancies amount to five or six million dollars. The reserve fund was at various dates wrongly stated to the amount of $3, 000, 000. Then there is a wrong statement with regard to machinery and smelting renewal of $2, 250, 000. I do not say that the $3, 000, 000 I have mentioned would be wrong in one balance-sheet, but in the aggregate the mistakes added together would make that sum. In other words, there are mistakes in one balance-sheet which cure them selves in the next by a corresponding error. In the balance-sheet of June 30, 1903, there is stated to be $1, 000, 000 standing to the credit of mines purchased, suspense account brought forward from June 30, 1902. There is further stated that from the balance of profit carried forward, $750, 000 further had been allocated to the machinery and smelting construction and renewal account. From the profits of the year to June 30, 1903, there is stated to have been allocated to machinery smelters, construction, and renewal $75, 000. From the profit, of the year to June 30, 1904,

there is stated to have been added to machinery, smelters, construction, and renewal account, another $1, 500, 000. There seems therefore to have been in existence on June 30, 1904, a sum to the credit of machinery, etc., account of $2, 250, 000. The balance-sheet omits all mention of $750, 000 stated to have been put to the balance of the credit of that account, and therefore the balance-sheet of June 30, 1904, is wrong to the extent of that $750, 000. Then on June 30, 1902, there is stated to have been in existence $1, 000, 000 standing to the credit of mines purchase suspense account; there is stated to have been allocated from the profits of the year 1903 a further $2, 000, 000, which would make it $3, 000, 000. In the balance-sheet of June 30, 1904, the mines purchase suspense account brought forward from June 30, 1903, with interest, if said to be $2, 050, 000, though it left off with $3, 000, 000 on June 30, 1903. If this balance-sheet were correct there would still be in existence $3, 000, 000 plus what ever interest has accrued. In the balance-sheet of June, 1903, there is further stated to have been added to the profits of 1903 $2, 000, 000. As to what becomes of that, that is a discrepancy I cannot explain. I have read the report which does not agree with the figures. It is not the fact that the whole of the mines purchase account carried forward from 1901-2 is shown in 1902-3 to be absorbed by the purchase of the Lone Mine, because on June 30, 1903, it is said to be still in existence. If the Lone Mine has been purchased for $1, 630, 450, then the balance-sheet is wrong to that extent. The balance-sheet distinctly states it is still in existence on June 30, 1903. If you had spent the money in that manner there would have been no $1, 000, 000 to show to the credit of the account. In June, 1902, there is a balance purported to be brought forward of $1, 000, 000; that $1, 000, 000 is stated to be still in existence on June 30, 1903. It is stated in the report as having been appropriated to the purchase of a mine, but the figures in the balance-sheet do not agree with the report. I only take the balance-sheet as it stands, which says that you had in existence on June 30, 1903, $1, 000, 000. You say that $1, 000, 000 has been expended together with $600, 000 more. The directors' statement that they had expended that amount in part payment for a mine could not have been correct in fact, or they would not have the sum standing to the credit. I agree according to the report the $1, 000, 000 brought forward is absorbed in the following year by the purchase of a mine for which $1, 000, 000 is paid. You cannot spend $1, 000, 000 out of nothing, the $1, 000, 000 would have been wiped out by the expenditure. It was not wiped out in your account and therefore your accounts are not consistent with your report. That is the very error I am pointing out. It is not expended or there would have been no balance to be shown in the balance-sheet. It is purported

to be expended in the report, but the account does not agreewith the report. On June 30, 1902, $1, 000, 000 is supposed to be carried forward to the credit of mines purchase suspense account; a further $2, 000, 000 is stated to be appropriated from profits increasing that fund to $3, 000, 000 which the balance-sheet of June 30, 1903, shows to have been in existence. The report says that $1, 000, 000 had been expended to June 30, 1903. If that is so the balance-sheet did not agree with the report. It is quite certain my ideas and yours do not agree. I certainly do not understand the accounts as they are made up. I have been to America to make a report on a mining company and to examine the accounts. I say that the balance-sheet of June, 1904, is wrong to the extent of $1, 000, 000. I am dealing with the figures in the account. $2, 050, 000 is carried forward to 1905, but the $1, 000, 000 has not been accounted for. The $50, 000 presumably was an allocation from the profits of the year. The balance of the purchase price of the mine is stated to have been got during the year ending June 30, 1903. On June 30, 1902, this $1, 000, 000 is said to have been still in existence after that purchase had been effected. Your explanation that the $1, 000, 000 has disappeared by reason of that purchase cannot therefore be correct. I say it is an error arising from a person with no knowledge of accounts attempting to arrange his figures. It might not be unusual for a company not to issue any statement of accounts in America, but if they did issue accounts I should expect them to be correct. They very often append an auditor's certificate. There are several large English firms whose office is over there. Messrs. Price, Waterhouse, and Co. have offices over there with sixty clerks, and another firm has an, office in New York with forty clerks. I presume they are employed. I have seen reports signed by those firms. There are several English companies who employ an American company through which they hold their title, and their accounts are audited by Price, Water-house, and Co. That would be an American company in the sense that it is a separate company having no connection with London. I have had experience as to how accounts are kept in American mining companies. I went out to adjust the accounts of half-a-dozen companies, large and small. I have also acted as auditor to some dozens of Australian, American, English, and South American companies. I am not acquainted with the laws of the various States as to appointing auditors.

FRANK DELL recalled. I have now decoded telegrams produced which are in the handwriting of Jonas.

Cross-examined by Young. I entered your employment about the year 1903. Levi and myself were the only two persons then in the office except when you came up to town. Jonas came to the office from Moorfields two years ago, after the squabble with Levi. Jonas looked after his own affairs, but did

some work for you in surveying. Then I was not educated enough to compose the letters, and Jonas took it up. The name of the Financial Mercantile Agency was painted out five weeks before the arrest. It was painted out because we never represented the company. There was no company to my knowledge. I have seen the register of shareholders of the American Company in your possession and in the safe. I have addressed envelopes and circulars from it a long time ago. I had a key of the safe when Jonas came and you had the other. Dr. Meikle came to the office about five days or a week after the arrest, and another gentleman with him—the same gentleman as I saw with him before. I heard Dr. Meikle's son swear at the Guildhall that his father was too unwell to be in London or travel—I think at the third hearing. Dr. Meikle was in Coleman Street two days before. I followed Dr. Meikle, sen., by your orders to see if he met Newman. I did not see any books of account kept at Coleman Street. I do not know whether any books of account were kept for Weston and Co. by you. I was in constant communication with you. Most of your instructions were sent by wire, and I was in the habit of wiring to you daily and asking for instructions. I was under the impression code words were used to save expense. I saw Green, a shareholder, about twice. I cannot say I know him. He called at the office to sell shares. You took the keys of the office away from me because a list of shareholders or some of the names of shareholders had been taken from the office, and Newman got hold of them, and suspicion fell upon me.

Re-examined. I cannot swear I saw Dr. Meikle, sen., at the offices. I saw him either in the passage at 10, Coleman Street or just outside the house, with the same gentleman with whom he came before. I was knocking about the office. The offices were closed. I had nothing to do, and I used to go up to see Mr. Irons. A few days before I saw Dr. Meikle, sen., Dr. Meikle, jun., had given evidence at the Guildhall I will not swear to that. I will swear it was after the arrest that I saw Dr. Meikle, sen., in London, close by the offices 10, Coleman Street, and with the same gentleman who had called with him at the offices when I was present. I do not know the gentleman very well that was with him I only saw him casually once. I had seen Dr. Meikle before and I swear that I saw him nearthe offices after the arrest.


HENRY JONAS (prisoner on oath). I am 70 years of age, I believe, my next birthday. It was a mistake to say 65. In 1899 I was living at Plymouth. I had known Young and his family for some years. In 1899, I think, was the first occasion he spoke to me of the American Company. He told me then that he had been to America, that he had made a very good

bargain in America, and had purchased some shares in the American Mining, Milling, and Smelting Company. I think the number of shares he said he had bought was 17, 000 or 27, 000 but he thought he could secure more—a considerably larger number. It was merely casual conversation. I knew he had been to America, and he was telling me about his travels. At the end of 1901 I came to London. In January, 1902, my wife came to London for good. In March, 1903, I took offices in Chancery Lane. At that date I had an office in Mr. Pawson's house in Myddelton Square. Shortly before going to Chancery Lane I was working for the Co-operative Trust—about September, 1902. At Chancery Lane I continued working for the Cooperative Trust, and at my own business as a surveyor in valuing property. In February, 1904, Young bought the Co-operative Trust. In March, 1904, I went to 4, Moorfields. I understood the office belonged to Palmer and Palmer. I could not say of my own knowledge whether Young had anything to do with Palmer and Palmer, only through Levi, who I understood to be a clerk in Weston and Co. I thought Palmers advertised shares for Young. When I went to 4, Moorfields, Young employed me as surveyor. He was buying some property at Hull, some 50 houses, and I got my expenses and some five or six guineas for reporting on the property. Young agreed to pay me the same salary as I had arranged with the Co-operative Trust—£100 a year, and I was to pay my own personal expenses and £25 a year for the use of the offices for my own business as surveyor and property dealer. £75 was to be paid to me six months in advance on February 29 and August 29. Young paid me £37 10s. on February 29, 1904, in cash. In May or June, 1904, I went to 10, Coleman Street. I had the £75 a year up to the present time. The first 12 months it was paid regularly; I got it when I asked for it after that When I went to Coleman Street no suggestion whatever was made as to my assisting in the affairs of Weston and Co. or the American Company. Dell's account of how I came to do that is substantially correct. There was never an agreement to pay me for working for Weston and Co. or the American Company, or to pay me anything beyond the £75 a year. Once there were four or five transfers of shares, and I asked Young to give me the transfer fee of 3s. 6d. each, which he did. Beyond that and the £75 and my expenses I have never had a penny from Young. I have never had a penny from any sale or dealing with shares in the American Company. On September 12 I went to Paris. Mr. Richter paid my expenses. I did not go for Young. I went for Richter. Richter had an option to purchase the whole of the shares from Young similar to Kuhn's option. His option was 240, 000 Ordinary at 37s. 6d. and 60, 000 Preference shares at 17s. 6d. Richter paid every penny of my expenses. I never made a penny out of the dealings with shares. I only knew of

York by the correspondence. I believed him to be a different person from Young. Young wrote to me in Paris about York being a different person, and I believed it to be true. I did surveying work with regard to Newman and Starkey at Hull and other people quite independently of Young or anyone connected with Coleman Street. I could not possibly think there was anything wrong in the dealings with the shares in the American Company. Young told me all about the company, and I believed it. I saw the particulars, the balance-sheets, and the dividend warrants, and I saw people constantly coming. I saw the "Copper Handbook of 1904," the "Colonial Goldfields Gazette," the "Money Market Review," the "Financial News," and the quotation, "Moody's Manual," and "Burdett." I heard of the objectionable article in the "Copper Handbook for 1905" while in Paris. Mr. Richter had it, and he submitted it to the gentlemen at that time. There were five or six different groups of gentlemen interested in the shares, and of course it upset them. I told them I knew nothing about it. They made their own inquiries, cabled to America, and had two replies. There were two bankers concerned in that matter. They were all satisfied that the report in the "Copper Handbook" was merely a matter of blackmail, or some fraud, and they satisfied themselves about the affairs of the company; five or six of them made inquiries and were satisfied. I saw the cables from abroad. The deal in Paris went off, for the bankers at that time could not settle the deal because of the French law, as I understood it. There were certain large dividends to be paid on the shares. The bankers could not deal with the shares until those dividends had been paid, and the French Government and Mr. Richter could not find the deed, and he applied to Young to assist him, and Young agreed to do so. The bankers had given me an undertaking to pay the money. I think it was £29, 375 within seven days after the shares had been quoted on the Paris Exchange. I went to Paris on September 14, and returned on October 14. I corresponded with and spoke to Young about the article in the "Copper Handbook." He said it was black-mail, because he would not pay the price for inserting the further notice, and that the editor had slated the company. That was his explanation, and I believed it. After what Young told me I wrote that letter to the editor. In 1906 the police were not following me. I had no knowledge of it except what Starkey told me when I went to see him. He made a joke about it, said somebody had watched me to the hotel, and had asked the dinner porter where I came from. The dinner porter did not know me, but the senior porter did. The manager saw Starkey and he told me of this. I did not know it was the police or who it was. That was what I referred to in my letter to Young. I only knew they were watching the office from what Young told me. I asked him several times and spoke to him on the telephone.

I believed this was an honest concern, and that Young was acting honestly up to the time of the arrest. Young would not give me an answer why the police were watching. When in Paris I saw Mr. Charles Darling, a torpedo-boat manufacturer, as well known in New York as Thornycrofts are here. He told me he did not know much of the company, but he had met the President, Mr. James Reid, in New York. He told me he travelled all over the States; he did not know anything of the mining business; he knew the President. I wrote to Young about that on October 1, 1905. I told Mr. Stepney, who is the English Consul. That conversation with Darling confirmed my belief that this was an existing and bona-fide company. I asked him for my own information.

Cross-examined. I had known Young 20 years or more. I had business with his mother and father, but not with Young personally. I may have advised him in matters, but no actual business. I had letters from him, and wrote to him, on family matters principally. I wrote to Young that the connection between the post office and the police was a very close one. I have heard from persons connected with the Post Office that the police have a right, if there is any suspicion, or the Post Office authorities have a right, to open letters addressed to person suspected of fraud, and particularly I know it to be the fact that in bankruptcy matters the Official Receiver stops letters. He wrote me a letter from Wellington complaining that I had put the letters in wrong envelopes or something like that, and they had got opened, and I must not put so much in them. He sent me up an envelope which I could see had been opened by some persons. I do not know what he referred to by saying I said so years ago. Dell was the confidential clerk. I supervised him and assisted him in his work. He would come and ask me what sort of a letter he should write, and I would dictate to him. I know Robert Chapman, Moorgate Street Chambers. He acted for Pope, and came to see me about a guarantee Young had given on some shares. I believe there was an action in the Mayor's Court. I did not write to Chapman as the manager of the office—it was a mistake. Possibly a good many took me for manager. I was a representative in Young's absence. I certainly managed business, but only as a friend of Young, I wrote, "There is no other person in Weston and Co.'s office whom Mr. Irons could refer to as the manager except myself." Young corresponded with Dell independently of me. I knew nothing about it. Young wrote to me, "It is not advisable to let Newfangle (Dell) know too much" I saw Miss Kimbery as Mrs. York at the office on two or three occasions; she wanted to see Young. I will not swear she did not say Young was Mr. York, her husband. I took little notice of what she said. I did not know from that time that Young and York were the same

person. I sent her money from Young, because I understood York was in America, and Young sent money on his account. I never saw Miss Kerrison. I did not sell her shares. Young asked me to sign the name of Weston and Co., so that shareholders should not think there was no one in the office to sign letters from Weston and Co. I do not think I received the money for Miss Kerrison's shares. I received cheques or postal orders payable to Young, and forwarded them to him, I had nothing to do with his banking account, and never saw his pass-book. I did not agree to burn anything or tell Dell to do so. I kept Young's letters and my copies of replies for my own protection to show that anything I did was under his instruction. Young frequently wrote to my private house. I knew there was some reason for Young keeping out of the way. I only knew what he told me. I was only followed twice, once when Starkey told me and once when I went into my tailors to give an order, and not to get rid of the follower. I wrote code names because Young used them—they were not of my making. Welby was a buyer of the Tottenham property. I moved the books and documents into Ireland's premises on Young's instructions. He was moving into Ireland's rooms. People came to see me on my own business a* a surveyor. I telegraphed to Young that a warrant was out for has arrest on Ireland's instructions. He could not tell me what it was for, and he said, "You had better wire him."

Re-examined. I did not attempt to tear any letter up on the occasion of my arrest. As far as I know the letter-books produced are all that belong to Weston and Co. or the American Company. The books were taken to, Ireland's because there was to be a change of offices. Ireland had three rooms and Young wanted the larger offices. When I wrote the letters from Paris I believed the deal was going through, and I believed York was a vendor independent of Young.

Verdict, Young, Guilty; Jonas, Guilty. The jury think that in the early part of his association with Young Jonas was innocent of the character of the company, but in the latter part that he must have known what the company was. Young confessed to a conviction of felony on November 14, 1892. Sentence, Young, 10 years' penal servitude; Jonas, 18 months' hard labour.

OLD COURT; Monday, October 29.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-54
VerdictGuilty > pleaded part guilty

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NELSON, James (50, butler) , attempted rape on Marie Catheline.

Mr. Ganz prosecuted; Mr. Pridham Wipple defended.

After a considerable body of evidence had been heard, prisoner, on the advice of his counsel, pleaded guilty of a common assault upon prosecutrix. Sentence, Three months' imprisonment in the second division. The Recorder remarked that prosecutrix left this Court without a stain upon her character for modesty or sobriety.

22nd October 1906
Reference Numbert19061022-55
VerdictNot Guilty > unknown

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WELLINGS, Benjamin, 22, carman; feloniously wounding Charles Dorman Eaton, with intent to do him some grievous bodily harm.

Mr. Arthur Gill prosecuted, and Mr. P. T. Blackwell defended.

GEORGE SEYMOUR , 1, Gunn Street Buildings. I am a lodger of Mrs. Collins. On Saturday, August 25, at half past 11, I was with some of my mates in Gunn Street, and prisoner (whom I know by sight) came up, and one of my mates said "Good night, I will wipe your eye." Prisoner said, "Can you fight?" and he replied, "No; we don't want to fight." Prisoner hit me in the eye with his fist. I walked away, and his brother Tom hit me in the ribs and I fell down. I had not done anything to cause the assault. Somebody pulled me away, and I got up and went indoors and told Mrs. Collins, and she said, "Have you locked him up?" I determined to lodge a complaint with the police, and set out at half-past 12 a.m. I saw two constables in the road, and they looked at my eye. We were standing in the road opposite the door, and my eye was bleeding from the cut. Then I walked indoors to bathe the wound, and someone halloed out, "Oh!"I looked out in the street and saw a constable lying on the ground. I did not see anybody strike him. I did not go up to him. Mrs. Collins followed me out. When I saw the constable on the ground she was standing in the road. I went to the police station and the injured constable followed me.

Cross-examined. Prisoner struck me once and his brother struck me once. There were five of us together. I did not make a noise with my mouth as he was going along, nor did the others. One boy said, "Good night, I will wipe your eye." He thought he had been crying. His eyes were watery. I could not see whether he had received any injury.

Mrs. ELLEN COLLINS, wife of Daniel Collins, 1, Gunn Street. I remember last witness coming home between 12 and one o'clock, and he was bleeding from the left eye and he made a complaint to me. He went out, and I followed him out and saw prisoner with a piece of iron in his bands. It was a long pipe. This is the piece of iron (produced). It looked as if he was going to clout someone with it. There was a mob of people there and the policeman was on the ground; he was in uniform. Prisoner was half a dozen yards from the policeman. Policeman

was in front of him on the ground. He seemed to be in the act of striking the constable. I took the iron from him. Then prisoner ran away and I ran indoors and handed the iron to my daughter, a little girl of 15. All this time the constable was lying on the ground insensible and bleeding. I know prisoner well; my daughter is married to his brother Joseph; he does not look like prisoner, nor does his brother Tom. There are eight brothers; I know them all, and should not mistake one for the other. I did not see my son-in-law that night.

Cross-examined. Joseph's wife is my husband's daughter. We were married in Milden Lane. Joseph is taller than "Oystin" (prisoner). There was a great crowd of people, but I could see the constable lying on the ground. There were about 50 people. I saw a constable run after prisoner. When prisoner's father came to me he said, "Give me the iron, and it. will be all right," and I said, "I will do nothing of the kind; I shall keep it till the policeman comes, and I shall give it to him."

MATTHEW DAY , 21, Gunn Street, employed by Matthews and Co., cartage contractors. I was in Gunn Street in the early morning of August 26 and heard screams. I went down and saw a crowd at the bottom of the turning. I saw that George Seymour, whom I knew, had a cut over his eye. While the constable was looking at his eye prisoner came from the corner of the turning, and while the constable was looking at Seymour's eye he came from behind and struck him a blow with a bar. He was going to strike a second blow while the constable was on the ground, and Mrs. Collins came up and took away the bar. The constable fell down and prisoner ran away. I have known prisoner all the time I have lived in that neighbourhood; that is for the last five years. I know his other brothers; Joseph is darker than he.

Cross-examined. It was 20 minutes to one when this occurred. There was a crowd and it was pretty dark. The public-houses were closed. It all took place in a second or two. It was prisoner who struck the blow. He did not have a coat on, but he had a waistcoat. I saw P.C. Carpenter there; he was standing with the other constable. I saw him run after the man. I did not see him throw the truncheon after him. He ran a few yards. In height and general build Joe and prisoner are a good deal alike.

P.C. PERCY CARPENTER , M 175. About a quarter to one in the early morning of August 261 was in Gunn Street with P.C. Eaton. I saw Seymour coming out of Gunn Street Buildings. He came to me and the other police-constable and made a complaint that he had been assaulted, and his eye was Weeding. P.C. Eaton examined the injury, and I was standing alogside of Eaton, and someone came up behind and struck him a blow.

I was looking at Seymour and did not see it. It felled Eaton to the ground. I heard someone shout, and looked round and saw prisoner running away. I did not know him before. I did not see what became of the iron bar. There were about 200 people about. I did not see the weapon that the blow was struck with. I chased prisoner for 30 yards, and he ran into Sussex House in King James Street. I was four or five yards behind. I have no doubt who it was; I saw his face, and I identified him at the police station when he was charged at two in the morning.

Cross-examined. I threw my truncheon after the man, and a woman handed it to me. I heard someone shouting, and I looked round immediately. I did not see anybody standing over Eaton with an iron bar; if there had been anybody I must have seen it. I did not see the man's face, only his back.

Re-examined. It was not Joseph. I was four yards from the man, and there is a lamp ten yards away, and he had on a blue shirt. He was in his shirt sleeves, and when he was brought to the station he had on a blue shirt.

P.C. CHARLES DORMAN EATON, 60 M. At 12.45 on August 26 in consequence of a communication I went to the bottom of Gunn Street, and P.C. Carpenter followed me. A man and a woman came up to me, and the man showed me his eye. Then someone came up from behind and felled me to the ground and I became unconscious. When I came to I went to Gunn Street and met P.C. Carpenter and asked him to take me to the station. I am still on the sick list, suffering with pains in the head and dizziness.

JOSEPH WELLINGS , 56, Broad Walk. In August last I was living in a tenement in Sussex House with my wife in King James Street. It is not true that on the night of August 25 or the morning of the 26th I committed an assault on P.C. Eaton. I was in the Army in the Royal Field Artillery, and left in June, 1897. I served in the South African war and was wounded at Modder River. I went out before the war, and was in the early battles under Lord Methuen. I was invalided out of the Army, September 18, 1900. I came home in March, 1900 and went into Netley Hospital, and am in receipt of a wound pension of 1s. a day for life. There was nothing against my character; I was never charged with anything. My brother lived at this time with my father and mother at Sussex House I lived on the ground floor and he on the next floor. I live with my wife, but he is single. I produce my discharge from the Army. (It stated that he was discharged in September, 1900, medically unfit for further service, and that his conduct and character with the colours had been good.) I am aware that if I commit an assault on the police, or an officer or a clergyman, I should lose my pension. After I left the Army I was provided with a horse and cart by the Ladies' Patriotic Fund. I am a porter now. I was married in December, 1901.

I have lived on fairly good terms with my family, but before I was married I had a summons out against my father for detaining a horse and van. I worked for Phillips, tobacco merchant, for three and a half years after I left the service, and I was a greengrocer for six months. On the night of August 26 I was in King James Street shortly after twelve, and I saw my brother bleeding from a cut on the head. I asked him what was the matter and he said he had got a blow on the head with a belt. I asked him to come into my room, which he did and he was in there for 15 or 20 minutes. He was sitting down and one of my other brothers was holding him in the chair. Thomas and Murray and my sister came in; Murray is a lodger who lodges with my brother. My brother had had a drop to drink. They were talking about fighting, and I said, "Don't have a fight; let us have a song." Prisoner wanted to go out and have a fight. We begged him not to go, and tried to prevent him. When he went out they all went except myself and my wife. He said he was going to bed, and me and my wife went to bed. He had no coat or waistcoat on; he was in his shirt sleeves. I could not tell the colour of the shirt. Early in the morning, at half-past one, I was awakened by people marching up and down the passage, and when I opened the door I saw several policemen at the door and upstairs, and I turned the gas on. I next saw my brother in custody at the police court on the Monday.

To the Recorder. I did not know that I was charged with being the person who had assaulted the police till I was assaulted by a gang of roughs on the Monday night, the 27th, as I was returning from work.

Cross-examined. The policeman took me to the station on Monday night, and I was brought before the magistrate the next day, and I was bound over to keep the peace for six months. The charge was fighting in the street. I know Morton, but he did not say that I had committed the assault for which my brother was charged. I had had difficulties with my mother because she has assaulted my wife. I did not say to her on the Sunday morning I was very sorry that Ben had been taken for what I had done; nor did I say in the presence of Tom that if it was only a matter of a fine I would sell some of my things and pay it. He was not there when I saw my mother, only Elizabeth and my wife. I have had no quarrel with my sitter; I got her out of the police station. She was looked up for being in company with bad women. She gave evidence against me at the police court. When Murray and Ben and Tom went into my room I was dressed in my coat, waistcoat, trousers, boots, and hat. I did not take any of my things off; I sat down as I was. I deny that while my brother was in the room I left the room and went downstairs and took the piece of gas-pipe and went into the street and crept up and struck the constable. I never left the room.

Re-examined. On Sunday, the 26th, my mother and sister asked me what I was going to do about my brother—whether I would go and square Mrs. Collins and Murray; I refused to have anything to do with it. My mother turned round and said, "If you were in his place I would do it for you"; and as she left the room she turned round and said, "We will see if we can't drag you into it and see who will keep your wife and children." This was the beginning of the trouble. When I came home the Ladies' Patriotic League bought me a horse and van and started me in business. My father sold it and I summoned him. The magistrate sent a constable down to claim the horse, and when he got there it was gone. He came round and told me he would go shares if I did not go against him. I did not appear on the summons, and it was sold, and I have not seen a penny of it from that day to this. I have never been charged at the police court except when I was bound over, and on that occasion I was set on by roughs.

CATHERINE WELLINGS . I am the stepdaughter of Mrs. Collins and wife of Joseph. About 12 o'clock on the night of August 25 I was with my husband in King James Street and saw prisoner with his head bleeding. I asked him what was the matter, and he said he had been struck on the head with a belt. I took him indoors, and he was in there from 10 to 15 minutes. He got up and said he was going to bed. I said, "Are you going to bed?" He said, "Yes." I saw no more of him till I saw him at Tower Bridge Police Court. Thomas followed him out. We went to bed, and my husband remained there all night. In the morning at 2.30 my husband opened the door and lit the gas and saw the constables in the passage. It first came to my knowledge that it was suggested that my husband had committed the assault when they went to the police court on the Monday.

Cross-examined. His mother came on the Sunday and told us about the assault, and she asked my husband whether he would go and see if he could square it. He said, "No"; and she said, "If you will have nothing to do with it we will see who will keep your wife and three children." I did not hear the policeman had been assaulted by somebody till the following morning. I deny that my husband said he was sorry that Ben had been dragged into what was his affair, or that he said anything about selling the piano or pier glass to pay the fine.

JOHN LEWIS JAQUET , Divisional Surgeon, Southwark. At 1.30 on August 26 P.C. Eaton came to see me, and I found he was bleeding from the right ear and was suffering from a laceration of the drum of the ear and was unable to attend the court on the 27th. He is still a little deaf. The chances are he will almost entirely recover. The laceration of the drum of the ear

might be caused by a concussion. He may be a little deal; the laceration has healed up.

(Tuesday, October 30.)

JOSEPH WILLING re-called. To Mr. Blackwell.—I saw the pipe which was produced yesterday. I did not know that it used to be kept where the gas-meter was. I deny that on the night of the assault and while my brother was in my room I took the pipe out, because I never went out. My sister was in the room with my brother. I never left the room at all. I was sent to a reformatory school when I was eleven for stealing money of my father's, I believe. I broke out from the school and was taken back. I admit I was convicted at the Mansion House for an assault about six months after I left the reformatory school. I was fined and my father paid it. I was arrested at Croydon for sleeping out. It was a good many years ago.

ARTHUR OLIVE , Police-constable, MR 6. At a quarter to two a.m. on August 26 I was in Borough High Street and saw the prisoner, and in consequence of information I arrested him. I told him what the charge was and he said, "I know nothing about it." I took him to the station, and when the charge was read over to him he said, "I admit striking the other man, but the other charge I know nothing about," By "the other charge" he meant the assault on the constable.


BENJAMIN WELLINGS (prisoner, on oath). I live at 8, Sussex House, King James' Street, with my father and mother. My father is a carman and contractor and I work for him. On the night of August 26 about twelve o'clock, I was in Gunn Street on my way home. I met my brother Joseph and two or three more and Mrs. Hunt. She asked us to have a drink, and we stayed in the public-house till it closed; then we came round home. I was talking to my sister when I got a cut on the head; I did not know who it was. As I was getting near where I live I saw several boys together; one of them made a noise with his mouth and one of them used abusive language, and I struck Seymour because he was the biggest. I asked him who made the noise. Then I went to my brother's house on the ground floor. My brother-Joseph and his wife and Tom and Murray were there. I was sitting down in a chair and I wanted to go for the man who had hit me and they would not let me. I was quite sober. My brother Joseph's wife bathed my head. My-brother Joseph came out and Murray followed him out and asked him where he was going to. He said to the urinal in the yard; and to reach the yard you must

pass the cupboard where the gas-meter is. He came back and burst the door open and said, "I have knocked a copper down." He was gone about three or four minutes. Then we heard the police whistle. When he made that statement his wife was there and I was there and Murray (who came back before him), and my brother Tom, and one of his friends, who lives on the other side of the water, and Mrs. Apley. They were all in the room at the time. When he said, "I have done it on a copper" I said, "I am going out of it. I don't want to get into trouble." I came out, as it was near time to go to work. It was twenty minutes past one and we go to work at two o'clock. My sister came out with me, and I left her at the top of the street I mid, "I will go to Guy's Hospital as I go to work." I was arrested before I got to the hospital. I deny what Day says that he saw me strike the constable. I did not strike him. I never had the pipe in my hand. I did not see any crowd outside Sussex House.

Cross-examined. I told Joseph about receiving the hit on the head, and he asked me to come into the house. I went in with his wife and himself, and the lot of us went in there. Mrs. Hunt was standing at the door. Murray was standing at the corner near Mrs. Hunt. Joseph and his wife and myself and Murray were in the house. Mrs. Hunt was not in the house at all. I do not know what had become of her. My brother Tom was in the house. I admit I was angry because I was hit for nothing. Tom was holding me down in the chair. I was in the house after I struck Seymour about 20 minutes, and Joseph went out not long afterwards. I was going to my work when I was arrested. I work on the Sunday for the newsagents distributing Sunday papers. In 1899 I joined the Navy as a boy. In October, 1901, I was arrested for deserting from the Navy. I was then about 16. In April, 1905, I was discharged from the Navy for being drunk and disorderly. I had been away from England for four years, and I did not know what the taste of beer was till I got home. I got mixed up with some chaps I met in Chatham Barracks; that was the first time I tasted beer. On December 4, 1905, I was convicted at the Tower Bridge Police Count of an assault on the police, and fined 20s. or 14 days, and 7s. 6d. damages. In February, 1905, I was convicted at Rochester Petty Sessions of an assault on the police, and sentenced to three months without the option of a fine. There was also a charge of stealing a watch and chain. It did not strike me as an extraordinary thing for Joseph to go out and attack this constable. He is given to that sort of thing when he is drunk. I know Mrs. Collins well by sight, and I know Day by sight. I had no quarrel with either of them. My brother has broken her windows many times.

Re-examined. I entered the Navy when I was 15 years and three months old. I produce the discharge. (The discharge

stated in November, 1900, his character was good. On September 9, 1901, his character was "good." March, 1902, "Character fair." December, 1902, "Character very good." December 31, 1903." Very good." December 31, 1904, "Very good." The discharge was dated February 27, 1905, "Character indifferent.") At the time of the assault on the police in February, 1905, I was 20 years of age. I had not any quarrel with the police on the night of August 26.

To the Recorder. On the occasion of assaulting the police on February 28, 1905, I was convicted of stealing a watch as well as assaulting the police, and was sentenced to two months and one month, making three months in all, and it was in consequence of that that I was discharged from the Navy. I do not know whether the watch was found on me, but I do not think so.

Mrs. ANNIE HUNT. I live now at 5, New Friars Place, Blackfriars Road, and on the night of August 26 I was in King James Street, where I lived. I saw prisoner and Joseph and Jack Durrant, and I treated them at 20 minutes to 12 at the "Globe" public-house. I saw him with his head cut, but I did not know where he got it. I saw him hit Seymour." Oystin" was coming out, and he had his hat on and coat, and was going to work, and the boy made a noise with his mouth, and "Oystin" hit him. He began to run and fell, and someone kicked him. Prisoner went indoors, and Jack Durrant and his sister were bathing his head, when out ran Joseph with a bar of iron, with only his trousers on. Joseph came with the bar of iron, which they use to close the shoot with, and hit the constable, and dropped it, and ran back and took his trousers off and got into bed. if the policeman had been quicker instead of throwing his staff he could have caught him. Joseph had only his shirt and trousers and socks on. They had a concert in there. I know both Joseph and Benjamin, and I have no doubt who it was who struck the blow. I was sober. I have no quarrel with Joseph. I had no words with them since he ran into my room and tried to kill my husband on the Thursday in the same week before this occurrence. We take no notice of these trifling things.

Cross-examined. I was standing there on this evening waiting for my husband, because he is frightened to come home on account of the roughness of the neighbourhood. I saw prisoner hit Seymour, and then Joseph and Benjamin went into Joseph's house. I stood at the corner about 20 minutes till I saw Joseph come out. My business was watching for my husband, because he was afraid of getting a crack. I am living with a man who is not my husband, but who is better than a husband to me. I never have assaulted the police, but I did assault a man named Sturry. I was fined 10s. or seven days, and the money was paid. I was charged in the name of Rennett with stealing £5,

but it was dismissed. I have no grudge against the police, They have to do their duty, and if it were not for them we should all be killed.

(Wednesday, October 31.)

ALBERT MURRAY . I am in the employ of C. W. Bradley and Co., Fetter Lane, the printers. I was in the army for four days. I was an apprentice at the time I enlisted, and somebody gave the information to the authorities, and I was discharged. I went to the firm where I was apprenticed, and I am still there. I have been in regular employment since I left school. No charge has been brought against me. I know prisoner and his brother Joseph. Up to August 26 they were both friends of mine. I was along with Tom all the evening on August 26, and I saw the scuffle with Seymour, but I took no part in it, After the scuffle someone said, "Here comes two policemen," and we all went to Joseph's place on the ground floor. There were close on a dozen people. Benjamin's head was cut, and Joseph, when I first went in, was bathing it. She had her apron on. While we were sitting there Joseph left the room. I saw him go through the door, and I said, "Where are you going?" He said, "Out the back." I started to the door, and he had to pass me to go out. He went out to the gas meter apparently to get the pipe. I stood in the door and saw him come from the direction of the cupboard. He slipped by me with a piece of gas barrel in his hand which his mother uses. I followed him to the turning at the top of Gun Street. He had on his trousers and socks and a blue shirt with white stripes He had no shoes on. When he ran down the street there was a crowd outside where Mrs. Collins lives, and I heard a scream. Then Joe came rushing back. As he hit the constable he let the bar go. I preceded him indoors. When I got into the room Benjamin was there with his brother Tom and some more people. He was sitting in the same place as he was before I went out He was sitting in an armchair, in the same armchair in which I had left him. Joseph, when he came back, said, "I have knocked two coppers down." He was exhausted. I did not ask him why. I left the place then. Everybody was surprised, and we left the place. The concert they were going to hold was abandoned. I was invited to the concert before the constable was hit. This was Saturday night or Sunday morning. I could not tell you what became of Benjamin after that. I went upstairs. I lodge with prisoner's mother. I did not sleep in my own place that night. I did not want to get locked up for other people's offences. I did not go upstairs and sleep in my own bed, simply because I was frightened of getting locked up. Benjamin did not run out of the house about the time the constable was struck; not until afterwards. I am quite clear about it. I saw Joseph next morning. I and his

brother Tom were present Tom was in the bed when Joe came in our room at 9, Sussex House. That was" on the Sunday morning. Tom went to bed with me after we had breakfast. Benjamin was locked up, of course. When Joseph came into the room he made a statement to me. He said, "I am sorry Oystin has fallen for me" (Oystin is a nickname for Benjamin), but if it is a fine I will sell up my home and pay it." His brother Tom heard that as well, because it was said in his presence. I did not go to the police court on Monday. I had no quarrel with Joseph. I have been a friend of his. I read a report of the proceedings before the magistrate in the papers.

Cross-examined. I saw no reason why Joseph should have made this assault on the police. He had said nothing before hand to suggest he was going to do such a thing, and offered no explanation afterwards. He was standing in the room before he went out quietly with his arms folded. I saw him run up the street, when I went out and heard a scream. Then I saw him running back. I saw him aim the blow and drop the bar of iron and run back, and I preceded him. I actually saw him strike the constable. I saw him raise the bar and let go the ba. I was present when Seymour was assaulted. It is untrue that he was kicking when he was down. I took no part in the assault. The assault on Seymour was not unprovoked. He made some noise with his mouth when he stood at the corner, and he parsed a remark which I could not catch. These fellows frequently annoyed Benjamin by what they did. Certain questions were put to me by the recruiting sergeant when I joined the army. This was one of the questions:" Are you, or have you been, an apprentice? If so, where and for what period, and when did that period expire?" I said "No" to that. I signed the paper after I read it. It stated that "You are hereby warned that if after enlistment you have given a wilful false answer to any of the following questions you will be liable to two years' imprisonment with hard labour," and I admit that I wrote down what was false. I had a reason or I should not have done such a thing. I made a friend of this Wellings family. I had reasons for leaving my own home to go and live with them. I am not walking out with Elizabeth Wellings.

To the Recorder. I know that prisoner is liable to punishment if he is convicted of this assault on the policeman.

To Mr. Gill. When I enlisted I was asked for a reference, and I said I was employed by Joe Wellings, but it was untrue. I knew that a form would be sent to Joseph Wellings to fill up, and I took steps to induce Joseph to join me in this fraud on the recruiting authorities. I have not seen the recruiting officer here. I offered Joseph 10s. to sign the paper representing him as my employer. Joseph did not take it. Joseph came round to the barracks and complained of what I had done. He complained

that somebody had filled up a form in his name signed Joseph Wellings. I could not tell you who filled it up. He came over to tell me it was sent back. I do not know who filled it in. I was arrested and discharged. When I appeared at Tower Bridge to give evidence Mr. Castleton made inquiries and he received the answer that I was discharged four days later.

To the Recorder. I did not go with the permission of the authorities; I absented myself from my duties. I was arrested at Tower Bridge. I deserted, and was ultimately dismissed the Army.

To Mr. Gill. I did not know on the 26th that this charge was made against Benjamin. I knew he was locked up, but not for the assault on the constable. I did not know on Sunday what the charge against Benjamin was. I knew before nine o'clock on Monday. I knew that Benjamin was charged with an offence which Joseph had committed on Monday at nine o'clock. I did not go to the police court, because I did not want to be mixed up in the affair. I went on the following Monday. I did not know till I came home at night that they were going to the Court to give evidence. I knew that Joseph was not in custody and that Benjamin was in custody. I did not know Benjamin was charged with committing this violent assault till late in the day.

Re-examined. I enlisted on account of family matters at home. I was 19 years of age at the time. I am 20 now. The military authorities have not taken any steps against me.

THOMAS WELLINGS . I live at 8, Sussex House, with my father and mother and Benjamin. I am the brother of Benjamin and Joseph. I have not had any quarrel with either. I work at Phillips's, tobacco manufacturers, Commercial Street. I fill inleaf tobacco. I have been in their employ 4 1/2 years. I shall be 21 in February. I have not had any charge against me of any sort. I knew the night of August 25 and the morning of the 26th. I had been along with Murray. I did not see the disturbance between Benjamin and Seymour. It is not true that I took part in it. I went with Murray into Joseph's room on the ground floor. Benjamin was inside Joseph's room when I came in. Benjamin was sitting down, and his head was being bathed, and I assisted him. After his head was bathed he did not leave the room—he was still in the room. Joseph was in the room—he walked outside. I do not know where he went to. Benjamin seemed rather excited, and he seemed to want to go out. I coaxed him and I kept him down. His head was bleeding. I saw Joseph come back after four or five minutes. He was panting. He said, "Don't go outside. I have done it on two coppers—be careful." He did not say what

he had done. I went upstairs to bed. I do not like this trouble. I did not see what became of Benjamin then. I am clear that Joseph left the room and came back and said this. I have no reason for making a charge against Joseph as compered with Benjamin. I respect them both.

Cross-examined. When Joseph went out Benjamin was in the chair. He was very excited; he wanted to go out to find the man who hit him with the belt, and I was restraining him. At the time Joseph went out Benjamin was still wanting to go out. I know that Seymour says I kicked him on the ground. I think it was put into hit head by Joseph and the other people. It is true that I could have proved where prisoner was when the assault was committed, and I admit it was important evidence, and I realised that on the Sunday, but I did not know that Benjamin was charged until Joseph came in about half-past seven or eight o'clock, but he said, "I wish I had not done it. If it has to be a fine I most sell up my home and pay it." I knew then Benjamin was charged with assaulting the police, and I knew that I could prove where he was at the time, and I knew that I could prove that Joseph had confessed that he had done it.

Mrs. CATHERINE WELLINGS. I live with my husband at 8, Sussex House, and have the care of the dwellings and the letting of them. I know the pipe produced; it is generally in my custody. It is used for the dust-shoot when it gets stopped up. It is generally kept in the gas-meter cupboard. On Saturday night, 25th, at 12 o'clock, I was upstairs sitting up. I did not know anything of the assault on the constable; but between half-past 11 and 12 o'clock I saw my son's head bleeding; he said he was hit with a belt by somebody. I did not know anything of the taking of this bar that night—not till the Sunday. At half-past 10 on Sunday I went down to Joseph's room and I spoke to him about the assault on the constable; he said he was very sorry. I told him that he ought to be ashamed of himself for what he had done. He turned his back to me and said he was very sorry for what he had done, and "if it comes to a fine I will sell up my home and pay it." He did not deny that he had committed the assault. Murray had told me earlier that Joseph had done it. I have had no quarrel with Joseph. His father has not sold a horse and cart belonging to him to my knowledge. He was working for his father just before this assault. If there was a quarrel I had taken no part in it. I have always studied my son more on account of his being wounded; he was wounded at Modder River in the left hand.

Cross-examined. On the Sunday Joseph had confessed that he had committed this assault, and I could have given important evidence, but they did not call me as a witness. I did not go on the 27th because I was not wanted. There was no

solicitor in the case. My daughter Elizabeth went and Murray, but I did not go because they were both my sons. I knew that he had committed the assault, but I pitied him; I knew he had his three little children. P.C. Olive called on 31st and saw my husband; he never spoke to me. He only asked me if I saw the assault, and I said "No." I did not tell him what Joseph had said because he did not ask me. I said to him that Joseph had committed it. It was P.C. 6. (P.C. Olive stood forward.) I told him that my son Joseph had told me that he had committed the assault. I knew that Benjamin had not done it. He did not tell me I should come and give evidence. I deny that I said to the officer that I knew nothing about it, and that I was not going to attend the police court. I did not know that Mrs. Collins had possession of the bar of iron. I did not miss it. Joseph told me she had it on Sunday between 10 and 11 o'clock. I did not speak to my husband, and I do not know that he went to her and tried to induce her to give it up. I did not go to Joseph and ask him to try and square her or induce her not to give evidence against Benjamin. I deny that I was angry with him because he would not join me in it. I have always stuck to him; I have been better to him than to any of the others. I deny that I said if he would not do it I would try and put it on him, or that I would try and drag him into it.

ELIZABETH WELLINGS . I am daughter of the last witness and sister of Benjamin and Joseph. On the night of August 25 I was standing at the outside of the block. I saw Joseph strike the constable with the gas barrel which has been produced. I was close to him when he did it. As the constable was looking at Seymour he struck the blow and dropped the gas-pipe and ran away. He was in his shirt sleeves, with no boots on, and he had a blue shirt with narrow white stripes in it. He ran indoors, took his trousers off, and got into bed. I went in five minutes afterwards and he was in bed. At the time Benjamin was indoors; they were holding him down in the chair bathing his head when Joseph hit the constable. When I found my brother in bed Benjamin had gone upstairs, but I did not see him go. I was trying to get the gas barrel out of Joseph's band, but he swung it around. He said the constable had my brother on the ground, but he knew differently; he knew that my brother was inside having his head bathed. He said, "They have got 'Oystin' outside, "but he knew he was inside at the time. He said, "I do believe the constable has got "Oystin' on the ground," and he tried to get the barrel. When the constable was looking at Seymour he struck the blow and dropped the gas barrel and ran inside. The reason for the asault was that he thought the man on the ground was Benjamin.

I have had no quarrel with Joseph. He has not been kind to me that I know of. He always fixes on constables.

Cross-examined. He assaulted P.C. 188 M.

Verdict, Not guilty.

NEW COURT; Monday, October 29.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-56
VerdictGuilty > pleaded part guilty
SentenceImprisonment > hard labour

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SMITH, Edward (64, merchant) ; feloniously obtaining from John Thomas Carlton six gross of fountain pens by false pretences, with intent to defraud. A second indictment charged the prisoner that he, having been adjudicated a bankrupt, unlawfully did obtain credit to the extent of £20 and upwards—to wife, to the extent of £46 5s. from Maurice Wolf and another, without informing them that he was an undischarged bankrupt There were also other similar counts. Prisoner pleaded guilty to the second indictment. The prosecution accepted this plea and offered no evidence on the other counts, which were to remain on the file of the Court. Prisoner also confessed to convictions of similar offences in 1898, 1900, and 1904. Sentence, Nine months' hard labour.

22nd October 1906
Reference Numbert19061022-57
VerdictNot Guilty > unknown

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WESTLAKE, Christopher Cyril ; indecently assaulting Esther Lilian Webb. A second count charged prisoner with committing a common assault upon her.

Mr. H. W. Disney prosecuted. Mr. Frampton defended.

Verdict, Not guilty.

NEW COURT; Tuesday, October 30.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-58
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited; Miscellaneous > sureties

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MARNEY, Edward de (journalist); unlawfully publishing and sending to Charles Arrow certain obscene libels, to wit, certain obscene photographs and prints and a certain obscene book and catalogue and conspiring with other persons to publish obscene libels. [Prisoner was indicted at common law and also under the Post Office Protection Act for tending obscene matter through the English Post Office.]

Mr. R. D. Muir and Mr. Bodkin prosecuted; Mr. J. P. Grain, Mr. Warburton, and Mr. Eustace Fulton defended.

CHARLES ARROW , Chief Inspector, New Scotland Yard. I know prisoner as editor of "Judy," and that the paper is published at 57 and 58, Chancery Lane, where I have seen him on many occasions. For five years past I have visited him by

direction of the Commissioners of Police in reference to certain advertisements appearing in the outside wrapper. My first visit to him was on April 29, 1901, just previously to which date I had seen advertisements purporting to be inserted by persons in Paris, one in the name of Leonard, of the Faubourg St. Martin, and the other in the name of J. Mudie, successor to J. Leonard, of Paris. I then told him I was directed by the Commissioners of Police to call attention to these advertisements as being the advertisements of persons that were believed to be dealing in obscene books and photographs. By direction of the Commissioners of Police I went to him again on July 24, the advertisement being in the name of Sabrice, 89, Faubourg St. Martin, and again told, him it was the advertisement of a person believed to be dealing in obscene books or photographs, and that I was directed to call attention to it by the Commissioners of Police. The advertisement did not appear in the next number of the paper. I went again to him on August 17, 1901, August 8, and August 20 in reference to a similar matter. The advertisements then were in the name of J. Reid, West Green Road, Tottenham, dealing with the "Magic Revealer." I told prisoner Reid was a person who dealt in objectionable books, photographs, and indiarubber goods, and that he had been prosecuted. Reid, however, was acquitted. I also mentioned a man named Wilkins, and showed him a newspaper cutting from the "Morning Advertiser," telling him I wished to call his attention to certain remarks made by the magistrate, Mr. Francis, at Lambeth, to the effect that editors of papers who published these advertisements ought to be prosecuted. I showed him also six advertisements which had been found in Wilkins's possession on his arrest, the advertisements being from "Judy" and other papers. Wilkins was convicted in September, 1901, and sentenced to two years' imprisonment at this Court, In February, 1902, Reid was convicted at Lewes Assizes. The "Magic Revealer" appeared in that case in which I was concerned. The "Magic Revealer" had been sent to a boy at school at Eastbourne. Yon looked through it. It was a catchpenny; a trumpery thing. If I recollect rightly, the age of the boy was about 13. On November 25, 1904, I again saw prisoner at his office. I called his attention to other advertisements, including one of a man calling himself "G. Arthur, of Paris." I told him he was a man known to be dealing in obscene books and advertisements. I think he said he Would take the advertisement out. On October 16, 1905, I again called upon prisoner and called his attention to advertisements in "Judy" of September 20. Amongst the names I called attention to was that of Offenstadt, of Paris; A. Dessailes, Paris; and Karl Hess, Munich. I had previously had a complaint with regard to Karl Hess, in consequence of a complaint made by some person to the Director of Public Prosecutions.

I showed prisoner some catalogues advertised, one being described as a catalogue of "Rare, curious, and voluptuous reading." There is no name on it, but I believe it came from Kikkert, of Amsterdam. I told prisoner they had been handed to me as having been sent to persons through his advertisements. He told me that he tested his advertisers, and, if he found they sold obscene things, he took the advertisements out. On June 11 of this year I called again upon prisoner and read to him a written caution by direction of the Commissioners of Police. The advertiser, J. Gold, is the same as J. Reid. J. Charles is also the same. The address is the same, though given sometimes as 79, West Green Road, Tottenham, and sometimes as Prospect House. Jackson, another advertiser, is not connected with Reid, as far as I know, or with anybody else in the paper, but does the same kind of business. After I had read the caution, prisoner said, "This is serious. Will you give me a copy of it." I said, "I will read it again, slowly, You can take it down.” I did to, and he wrote it. I examined the issues of "Judy" of June 16 and June 23 and found the advertisements were repeated. There was an advertisement of Schladitz, but I do not think Dessailes was there. There was also an address at the Buchhandlung, in the Koenigstrasse, Munich, and advertisements by Offenstadt and Rechnagel, who were not mentioned in the warning. By direction of the Commissioner of Police I wrote on June 16 to A. Dessailes.

Mr. Grain objected to the admission of the letter.

The Common Serjeant ruled that the original being out of the jurisdiction, the copy was admissible.

Mr. Muir. It is within the invitation held out by the advertisement.

The Common Serjeant: That is the real point. What is said in it may be very immaterial.

Witness. I wrote asking for specimens of photographs as advertised in "Judy" of June 16 and enclosing a postal order for 5s. In reply I received a catalogue and a number of things. First of all, there was an advertisement of pills, powders, suppositories, and capsules. [Witness read an extract from the catalogue.]

The Common Serjeant. Those are not things within the advertisement.

Mr. Muir. No, my lord; they are beyond the advertisement.

The Common Serjeant. At present, therefore, I must be careful that no knowledge is brought home to defendant that he knew that such things as advertisements of pills were going to be sent.

Mr. Muir. There is a yellow catalogue of books, "Sample list of very voluptuous reading." [Counsel read a further extract. Witness also produced photographs, which were shown

to the jury. Attention was also called to a wonderful private collection, the property of a nobleman, costing thousands of pounds.]

Witness. In answer to the advertisement I received a letter signed" G. Charles," stating that M. Dessailes was giving up business and now sold only novels, and announcing racy books, plates, prints, cards, and every up-to-date novelty. The whole of these things came through the post to my address at Hammersmith. The envelope was posted at Aix-les-Bains, Savoie. I watched the subsequent numbers of "Judy" to see if the advertisement reappeared. It did not reappear till July 28: "Translated French novels, Illustrated, actresses' photos. Catalogue free on receipt of 2 1/2 d. A. Dessailes, Villa Iris, 4, Rue Seize, Paris." The advertisement also appeared on August 4 but has not appeared subsequently. The advertisement of Rechnagel appeared on June 16 and weekly afterwards till October 13. On June 29 I wrote a letter to Rechnagel, "Please send me sample and catalogue of photographs advertised in 'Judy' 15th inst. Postal order for 5s. enclosed." On July 4 I received at my address at Hammersmith an envelope containing an illustrated catalogue of model studies from life, posted at Munich. It contained a number of photographs of naked women." Artists' Life Studies. Most beautiful and largest collection in the world; 6, 000 different subjects," etc.

The Common Serjeant observed that the photographs were of gross character and the jury had better see them and form their own opinion.

Witness. There were three photographs and four sheets of miniatures (produced) and specimens of larger ones. On July 4 I wrote again to Rechnagel acknowledging receipt of samples and catalogues, enclosing postal order for 10s. and asking for photos Nos. 645, 647, 648, 657 and sheets 33 and 36 of miniatures to be sent for further selection. In reply I received some photographs and sheets of miniatures in the envelope produced. With them was an advertisement of a book called "Sexual Degeneration."

The Common Serjeant. I do not think there is anything within that advertisement.

Mr. Muir. No, my lord. What I submit is when you are charging the accessory you must prove what the principal did in order to show what it was he was accessory to. The Common Serjeant. You must not have things to which he was not accessory, I suppose?

Mr. Muir. No, my lord, but prisoner says he tested his advertisers, and this is the result of the inspector's test.

The Common Serjeant. He was getting things not within the prisoner's knowledge.

Witness. Rechnagel was not one of those mentioned in the written warning. I believe he was an old advertiser in the paper, but I do not know how far back he goes. Buchhandlung was in the written warning. His advertisement on June 16 was headed, "Photos from life; 6, 000 numbers. Finest collection in the world. Sample parcel, with illustrated catalogue, Is. 6d.," etc." Post Office Order or Postal Order, Buchhandlung, Munich." The advertisement was repeated weekly till September 29. On June 29 I wrote to Buchhandlung, "Please send me sample of the photographs yon advertise in 'Judy,' 16th inst. Postal order for 5s. enclosed," and I received a reply in the envelope produced at my Hammersmith address. It contained an illustrated catalogue of model studies from life. I think some of the illustrations were the same as Rech nagel's, but I have not compared them. There was also an advertisement of a book.

The Common Serjeant. There is nothing about books in the advertisement. We won't trouble about the book. These are the things (photographs banded to the jury) that are sent from this bookshop at Munich. We cannot have anything that shows only the intention of the man abroad.

Witness. Offestadt, another advertiser, I have traced back to 1905. I called attention to his advertisements on October 16, 1905. On June 16 his advertisement appeared in the paper in the middle of the back page, "Sensual Joy. Very curious book and interesting." On September 20, 1905, there appeared the advertisement of the Scientific Library: "Scientific Library. Scientific books of the greatest interest. Catalogue will be sent free of expense in enclosed wrapper." The name and address are the same, but the advertisemnt is different. The advertisement of "Sensual Joy" was repeated on June 23 and weekly afterwards till August 4. It was missed on August 18 and repeated August 25, since which date it has not appeared. On June 29 I wrote to Offenstadt, "Please send me the book 'Sensual Joy,' as advertised in 'Judy,' 16th inst. Postal order for 4s. enclosed." I received the book through the post and also the catalogue of the Scientific Library, advertised in the previous advertisement. Counsel referred his lordship to a marked passage and the book was handed to the jury.) In respect of the library he wrote: "Dear Sir,—We beg to announce that we are publishing at present a series of works very interesting from a physiological as well as a psychological point of view," etc.

The Common Serjeant. One advertisement appearing once, or an advertisement of one man who turns out to be a seller of obscene literature or pictures, may not be sufficient to support a case of this kind in the opinion of the jury, but if anything

in the way of multiplication can support it I suppose you have got enough now.

Witness. I also corresponded with Schladitz, from whom I obtained a German book (illustrations of which are indicted as obscene), called "The beauty of the women" (Die Schonheit der Frauen). I served summonses on prisoner on October 10, charging him with publishing obscene libels and specifying the advertisements. He said, "Am I the only one summoned?"

Cross-examined by Mr. Grain. I did not understand him to mean by that there were other newspapers in England publishing similar advertisements, but to refer to the persons named in the summons. He called my attention to the fact on one occasion, and may have mentioned "Illustrated Bits," "Photo Bits," "Pick Me Up," and the "Pelican." I have shown prisoner the catalogues but not the photographs. After my different warnings I found that prisoner took out certain objectionable advertisements until October, 1905, when they stayed in, and he made the statement that he tested his advertisers. So far as I knew there is no connection between Karl Hess and Schladitz. Hess's advertisements ceased soon after prisoner's attention was drawn to them, but to the best of my belief they have appeared under another name, as "Buchhandlung von Herzog, Heinrich Strasse" (the bookseller's shop of Herzog in Heinrich Street). The advertisements are identical. I never suggested to prisoner that the Buchhandlung advertisement was the same as that of Karl Hess. In 1901 I was not chief inspector. Some of the advertisements I then called attention to were, I believe, taken out. Others, I believe, were continued up to the time of the prosecution, but I have not looked through every number of "Judy" to see that it is so. I suggest that Reid, Gold and Charles and Haynes are one person. I do not think that from September, 1901, until 1904 I saw much of the advertisements in "Judy." When I went in June last and gave that written caution I told prisoner that Gold and Charles were identical with Reid." Photo Bit," "Illustrated Bits," and "Judy" are all sold at railway bookstalls. From time to time my attention was called to the advertisements, and when my attention was called to them I acted. (Counsel read an advertisement from "Pick Me Up" in the name of S. Rechnagel, Art Publishers, Munich, which witness admitted was identical with the advertisement now complained of.) No proceedings have been taken against "Pick Me Up." The two issues of "Judy" produced for October 27 and November 3 are "clean," and absolutely free from advertisements of the kind complained of. The prosecution was commenced on October 10." Pick Me Up" of October 13 has an advertisement which is the counter-part of Rechnagel's, and is therefore not "clean." I know it is the practice of papers to take forward

contracts for advertisements, so that it might take a newspaper editor some weeks or months to get rid of the liability to insert advertisements. I have administered cautions to other papers in substance the same as that administered to "Judy." "Judy" is being prosecuted in this instance by direction of the Commissioners.

Re-examined. I warned prisoner on October 16, 1905, with special reference to the advertisements of Offenstadt and Dessailes.

Mr. Grain wished to take the opinion of the Court as to whether upon any of the counts there was any evidence to go to the jury. The first count charged a general (Conspiracy with a number of persons named therein, and a number of persons whose names were not mentioned. The advertisements in "Judy" were not obscene or indecent in themselves, and where was there any evidence of collusion or common purpose or concert?

The Common Serjeant. Take any one, whether it is Dessailes, or Oppenstadt, or Rechnagel, there is evidence that the prisoner published by arrangement with each one of these persons advertisements for procuring orders for, and therefore sales of, lewd and obscene libels.

Mr. Grain. My proposition is that the advertisements contain nothing obscene.

The Common Serjeant. Is not that a working together and an arrangement to do it, and upon that is not there ample evidence to go to the jury? I am taking the conspiracy count. I will take each count alone. You cannot help out one count by another.

Mr. Grain. Dealing with the conspiracy count for the moment, is there any authority for saying that if a man inserts in a newspaper what is a legal advertisement, and not an illegal advertisement, it is indictable? In this case I put the proposition that the advertisement is not illegal on its face, and is not indictable.

The Common Serjeant. Any advertisements, in whatever terms and however they appear to an outsider, may be advertisements which are directly assisting in a crime. A man may use the columns of a newspaper or any other mode of advertising to say there is an excellent job for somebody who wants employment at the top of Brixton Hill, and it may be proved by other evidence that that is notice to a set of burglars that that is where the "lay," as they call it, is for the night; and if so though the advertisement may on its face be legal, if the jury thought the man who put it in did so for the purpose of giving notice to his confederates that this was the place where they were to meet, or where steps were to be taken to commit a burglary the next night, he would certainly be convicted of a crime.

Mr. Grain. If I may say so, I would agree to the whole of that proposition, but is that this case?

The Common Serjeant. I am not saying it is this case, fat it is the case upon that point that an advertisement, which upon its face does not show that it is illegal, may, when coupled with other circumstances, be shown to be most illegal. The question, of course, is whether it is volves the knowledge of the prisoner. Here I do not see that there is any doubt that there is evidence for the jury that he did insert advertisements which were intended and calculated to bring about the sale by Rechnagel, Dessailes, and everyone of these people of lewd and obscene libels, and that he did it knowing that the advertisements were for the purpose of selling lewd and obscene libels.

Mr. Grain. May I test this by a proposition? Supposing an advertisement in a paper by a large firm of chemists who advertise the best

poisons, giving an address and so on; on seeing that advertisement a man goes to that address and is sold a quantity of laudanum or strychnine, and the purchaser commits suicide or murders somebody; can the person who puts in that innocent advertisement be said to have been aiding and abetting a person in taking his own life or taking the life of another person?

The Common Serjeant. No, because that which is advertised is in itself innocent; but that must not be assumed here, because that is assuming the whole point. The question here is whether the things advertised were not to prisoner's knowledge innocent, and whether to his knowledge the advertisements were to bring about the sale of that which he had notice was a lewd and obscene libel? If so, then he was a party joining Dessailes, Rechnagel, the Buchhandlung Company, Offenstadt, and Schladitz to procure and effect the sale. Looking at all the advertisements in this paper, there is evidence for the jury that a man must have known, and therefore did know the general character of these advertisements, Take only one advertisement, that of "Sensual Joy: A Very Curious Book and Interesting." If that stood alone I should certainly leave it to the jury. The editor who put in these advertisements and published them must have had in his mind that he was advertising lewd and obscene pictures and books. I shall tell the jury they may look at the various things advertised in company—the "Magic Spy Glass," "Book for Wives," "French Photographs from Life," "The' Mystery of Love," "Woman's Beauty," with 280 photographic reproductions from nature depicting the female figure, etc. At the same time, I am going to say something that I think is only fair. I do not think you can connect in one conspiracy the prisoner, Dessailes, Rechnagel. Buchhandlung, Offenstadt, and Schladitz, because there is no evidence that these people, Dessailes, Rechnagel, and so on were acting together. It was, therefore, a different conspiracy when he worked with Dessailes from what it was when he worked with Rechnagel; but any one, if the jury should think it was made out, would be sufficient to support that count. So much for the first count. Then the second count deals specifically with procuring to be sold the Dessailes publications, and I suppose each one is dealt with separately.

Mr. Grain. There is also a count which deals with transmitting these obscene libels through the Post Office.

The Common Serjeant. It seems to involve the same thing. I have been dealing with it at common law, and although there is a statute to prevent the Post Office being used in a particular way, after all the common law is quite sufficient. The crimes are common law crimes, and the statute does nothing at all towards inventing a new crime. All it does is in particular cases to specify a particular punishment. Really the common law is (though people will not believe it), as Lord Coleridge said, a very elastic thing in the sense that the old principles cover new modes of committing crime.

Mr. Grain. If the result should be adverse to the prisoner, would your lordship state a Case for the Court for Crown Cases Reserved?

The Common Serjeant. Certainly; because it is important. I have a very strong opinion that points of law should go to the Court above. Of course, therefore, if you like, I will state a case, but we must be clear what the point of law is.

Mr. Grain. I think that can be settled between us.

The Common Serjeant. The point of law will be, practically, whether what I have stated is correct, but I shall not mix it up with the point the jury have to decide.

Mr. Grain. I am quite content with the way in which you put it.

Verdict, Guilty.

The Common Serjeant. I have said, Mr. Muir, that I am going to state a Case. I may perhaps say what the sentence is now. We can let the prisoner out on bail.

Mr. Muir. I hope your lordship will not actually pass sentence now, because it creates a difficulty in the Court for Crown Cases Reserved.

The Common Serjeant. I am aware that people have disagreed about the time from which the sentence rum, and therefore I will postpone sentence until next Session.

Prisoner was allowed bail, himself in £200 and one surety of £200.

The Common Serjeant. I have said that I will state a Case if counsel wish it, but when counsel come to think a matter over they sometimes decide to let it alone. You will have plenty of time to consider it.

22nd October 1906
Reference Numbert19061022-59
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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22nd October 1906
Reference Numbert19061022-60
VerdictGuilty > unknown

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Mr. W. Clarke Hall prosecuted.

Verdict, Guilty. Sentence, One month's imprisonment in the second division.

OLD COURT; Wednesday, October 31.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-61
VerdictNot Guilty > no evidence

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SHOOBERT, Henry, otherwise Herbert Arthur Shoobert ; stealing the several sums of £70 7s. 6d. and £14 5s. respectively, the moneys of Hugh Campbell Salmon and another. Having received the several sums of £70 7s. 6d. and £14 5s. for and on account of Hugh Campbell Salmon and another, did fraudulently convert the said moneys or part thereof to hit own use and benefit.

No evidence was offered for the prosecution, and a verdict of Not guilty was entered.

22nd October 1906
Reference Numbert19061022-62
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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GORDON, Hugh (Beaton (35, collector); having received the several sums of 5s. and £10 for and on account of John Dunlop, did fraudulently convert the said moneys to his own use and benefit; a similar indictment respecting 5s. 6d. and 18s. received for and on account of Andrew John McNickle; a similar indictment respecting £5, £5, £3, and 4s. received for and on account of John Wilkes.

Mr. Kershaw prosecuted; Mr. Martin O'Connor defended.

JOHN WILKIS , hay merchant, Caterham. In March, 1905, prisoner called on me with reference to collecting debts. I did not know him before that date. He said his name was Gordon, that he was a debt collector, and that he lived at Claverton Street, Pimlico. He said his commission was 10 per cent. Accounts were to be rendered monthly, and cheques sent for amounts that had been collected monthly. I agreed to these terms. Cheques were to be paid through his accounts, and were to be mode payable to him. I handed prisoner a list of persons who owed me money. I agreed to appoint him debt collector, and handed him a list of debtors. The list included a sum due from Mr. Hipperson of £16 8s. 6d. for forage. He was a cab proprietor. I afterwards received the letter of April 8: "Please find enclosed statement. Should I not see you when I call on Monday I shall leave my cheque for you. I have hunted up Frost personally six or seven times, and this week he informs me he has sent his cheque to you and settled up the account. That being the case, you will see I have not charged you 10 per cent, on this amount. Hipperson will settle (I feel confident) your account this month. Beel regrets he has not been in a financial position to settle your account before now, but shall do so this month in two paymets to me. I have had to stick to him several times, but he is a man who you need not fear. Felton promised a payment this month. Taylor has not made a payment yet; he promised me something off the account about Tuesday. I do not expect it will be a big payment, as he only goes about now selling coals through the streets. I am waiting now the plaint noted for Allen, Hammersmith, before I can get to know the results. Wade says that he is quite prepared to hand me the plaint notes, but at a strict matter of business only, on receipt of a letter from you saying you shall pay the Court expenses he has had in the case, and which he has paid out of his own pocket. This is correct, as you shall recover same on my execution, as it includes these expenses; so you might write him saying so, and asking him to hand them over to me on Tuesday when I call.—Yours faithfully, H. B. Gordon." On April 10 I received a letter from prisoner enclosing a cheque for £7 15s., and also a statement from March up till April 8, which included £5 received from Hipperson. On August 30, 1905, I received this

letter from prisoner: "You know I have had no cash from Frost, and you hold the plaint note. I would have had this matter settled had you not interfered with the course I adopted at the Lambeth County Court. Hipperson has found me £5. You will have to allow the £2 10s. cheque paid to you on February 23 per your traveller, Mr. Neve. You agreed to allow the 5s. per ton. Let me have an acknowledgement of these deductions, and the balance will be paid immediately." I did not receive any other money from prisoner with reference to Hipperson's account. I never received the sum of £5 paid by Hipperson on April 21, and £3 paid by him on May 23, or 4s. paid by him on August 16. I had Mr. Neve in my employment, and I knew that he had been paid something by Hipperson, but Neve did not account to me. I did not know of any change of address on the part of the prisoner. I thought up to the police court proceedings he was still to be found at 29, Claverton Street. I have not had any communication with him since August 30. I have not written to him since then. Since August 30 I have not received any letters or accounts from him. I may have written to Claverton Street and received no reply, but I am not sure.

(Thursday, November 1.)

WILLIAM HIPPIMOH , cab proprietor. I gave to prisoner cheque for £5 on March 24, 1905 (produced); cheque of April 21 for £5 (produced); and cheque of May 23 for £3 (produced). In August I paid him a sum of 4s. to settle up the account.

[The deposition of Dr. Andrew McNickle was read, after evidence that he was not in a condition to attend.]

VICTOR A. EAGLES , 32, Wandsworth Road, confectioner and tobacconist. On August 29 prisoner called on me. At that time I owed Dr. McNickle a turn of 5s. 6d. I paid it to prisoner and he gave me a receipt, "Received from Mr. Eagles the sum of 5s. 6d. in settlement of Dr. McNickle's account."

EMMA MARY CRIBBS , 11, Langley Lane, Vauxball. I owed Dr. McNickle 18s. I remember prisoner calling, and I paid him that sum in various instalments from October 21, 1905, to July 9, 1906.

Dr. JOHN DUNLOP, 130, Upper Kennington Lane. Somewhere about August 21 I remember some person calling on me who gave me the card (produced), "H. B. Gordon, accountant, 27, Claverton Street, South Belgravia," and I gave him a list of persons who owed me money. I received the following from prisoner, dated August 25, "I have pleasure in acknowledging the receipt of your list of outstanding accounts as enclosed. They shall have careful and prompt attention. The manner in which all debtors are approached for payment of an account

does only in the few cases cause an unpleasant feeling between my client and their patient." In that list there were the names of Mrs. Cribb and Thomas Mayben. I did not hear anything more. He did not render me any accounts or send me any money collected. He said I could have a remittance monthly or quarterly, and I said quarterly, but Christmas would do, and Christmas came but no answer. I thought that I would wait till the New Year, and at the beginning of the year I wrote a letter to 27, Claverton Street, but received no answer. I went to the house, but he was gone and left no address and rent was owing. I made no further endeavour to see him till August, and I wrote a registered letter to him on August 14 to that address, and I received it back, marked "Gone away." Then I put the matter into the hands of the police. I saw prisoner just before his arrest in the "King's Head" public-house, opposite my house. I went across to see him. He said he had been once before that night, but it was too early for me. I said it was nine months too late. He came over to my house with me. Sergeant Long was in my sitting-room, and I left him and Sergeant Long together. I had previously sworn an information at Westminster Police Court. I know it was before the date of that letter written on September 4, which is headed 19, Atherfold Road, Clapham. That was the first time I knew of that address in connection with the prisoner. It was received on September 6: "Dear Sir,—I have no doubt you are surprised at my silence in reference to the accounts you placed in my hands for collection. I will let you have a full statement of each account on Tuesday next, the 11th inst., and settlement of moneys collected, less my commission by the end of this month. I trust this will meet with your approval, and that I will be favoured with further work, I need only add that I have been hard hit financially by the representative who called upon you, through his dishonesty; and, (being sharply pressed by one of the medical profession, I took the step which I anticipated would enable me to recoup my loss and meet the demands. I can only apologise for the delay in settling with you, and assure you that I shall do so as stated. I may say many of your accounts I could not trace and a few have fully paid up. W. Mayben, of Herne Hill, has settled his account some time ago." I received the letter of September 9, 1906, headed 19, Atherfold Street, Clapham:—"Dear Sir,—As promised, I herewith enclose statement of the accounts you placed in my hands for collection. I am grieved to learn that my silence and delay in settling with you has caused you to look upon same in such a harsh opinion. In my letter of last week to you I said that I would tender you a settlement on the 29th. I shall, however, call upon you not later than Friday, the 14th inst. (on my return from Leeds), and pay you the balance due to you. I sincerely trust that I

shall then be able to explain why the delay on my part—I am, dear sir, yours obediently, H. B. Gordon. P.S.—I have had a small account of 2s. 6d. paid to me from a party at 86, Great Lambeth Road. Kindly let me know if the account is yours." There was a statement enclosed, and in that statement there was a payment by Maben of £10, but prisoner did not call and settle on the 14th or any other date. On September 13 I received this letter: "I fully anticipate finishing my business here (Leeds) to-morrow (Friday), and calling upon you at your surgery hours in the evening. In the event, however, of being unable to do so, I will see you on Saturday for certain."

To the Recorder. I was brought in contact with prisoner by his representative calling on me with a card. I did not know him otherwise. These accounts were outstanding, and I instructed this representative to place them in his master's hands. Prisoner was to deduct 15 per cent, for collection.

Mrs. CRIBB, recalled. In August, 1905, I owed Dr. Dunlop 5s. I remember prisoner calling in September and giving me a bill headed "Mrs. Cribb to Dr. Dunlop." He said he was collectfng for Dr. Dunlop. On September 2 I paid him 1s., on September 9 1s., on the 6th 1s., on the 30th 1s. In the month of September I paid him the whole 5s., and he receipted the document.

THOMAS MABEN , chemist, 63, Stradella Road, Herne Hill. In August, 1905, I owed Dr. Dunlop £10. I remember prisoner calling on me in September, saying he had been asked by Dr Dunlop to call and collect the money. I afterwards paid him a sum of 10s., and various sums, including a cheque on June 2 for £1 8s. I paid him altogether £10. (Witness produced letters from prisoner acknowledging receipts of various amounts.)

Sergeant ALFRED LONG, L Division. This matter was put in my hands on August 18 by Dr. Dunlop. He swore the information on September 1 at Westminster Police Court, and a warrant was granted. I endeavoured to find prisoner, and in the course of my inquiries I went to a piano shop at Plaistow. I received a letter from prisoner on September 10: "19, Atherfold Street, Clapham, S.W., September 9, 1906. Re Drs. Dunlop and McNickle. I arrived home at 12.45 this morning (Sunday), and was surprised to hear of your visit. The purpose I learn is to know the reason of my long silence and delay in tendering to Drs. Dunlop and McNickle, of Vauxhall, a statement of what monies I collected on the accounts given me for collection and a settlement of same, less my commission. I admit I have delayed in making a settlement to them, but it was not my intention (when removing from Claverton Street or in the fact that I have not communicated with Drs. Dunlop and McNickle up till the 5th inst.) other than that they or others

to whom I might have been indebted to at that time have a settlement and correct statement in due course. When I left Claverton Street my address was only a temporary one until I found a suitable house in the S.W. district to carry on my work. I can prove that all communications, either private or business, were re-directed to me to Plaistow, E., and I duly received same up to the time I got properly settled at my present permanent address, 19, Atherfold Street, Clapham, and I have been communicating with those who I have done and still doing business for and informing them of my present and permanent address. I have received no letters re-directed from Claverton Street for at least two months. I have been in my present address just on three months. I omitted to acquaint Drs. Dunlop and McNickle of my new address up till Wednesday last, the 5th inst., the prior to you calling to see me on their behalf. In my letter to them I said I would pay them the balance due, as per my statement, on the 29th inst. I shall now, however, call upon them not later than Friday, the 14th inst., and pay the balance due to them. I have had to go out of town last Thursday on important business, and as I have to be in Leeds to-morrow (Monday) on the same business, I will not be able to call on Dr. Dunlop or Dr. McNickle till my return, which is rather uncertain, but I will Be home not later than Friday. I am leaving by the midnight train (Sunday) to-night I have, however, posted per this same post a full statement of monies collected and balances due to them (after deducting my commission). I sincerely regret my silence has caused Drs. Dunlop and McNickle to look upon same in such a harsh opinion, but trust that I will be able to alter same when I see them personally. I must be in Leeds to-morrow, as it is to my interest financially otherwise. I would see them to-morrow.—I am yours faithfully, H. B. GORDON. P.S.—I may say that I never had any communication from Dr. McNickle or Dr. Dunlop asking for a settlement, which I must admit I in consequence delayed payments." I first saw prisoner on September 15.

The Recorder. The Act of 1901 was passed to meet cases of this description. The difficulty used to be before this statute was passed in bringing the case within any of the provisions relating to bailees, because there was no bailment and no direction in writing. This Act of Parliament was specially passed in order to meet the case of agents who, being instructed to collect money, instead of properly accounting for it converted the money to their own use. It is for the jury to say Whether he did it fraudulently; but, having regard to the fact that this man had disappeared at Christmas and nothing was heard of him till the law was set in motion, possibly the jury will form their own opinion. It is a new Act of Parliament, and it is possible that the prisoner did not appreciate the change that had taken place in the law. It appears to me to be exactly the case contemplated by the statute of 1901, in the drafting of which, I may say, I was consulted by the then Attorney-General.

Mr. O'Connor. I submit that this statute does not extend to an offence of this kind.

The Recorder. The words of the statute are plain: "Whosoever being entrusted, either solely or jointly with any other person, with any property, in order that he may retain in safe custody or apply, pay. or deliver, for any purpose or to any person, the property or any part thereof, or any proceeds thereof; or baring either solely or jointly with any other person received any property for or on account of any other person, fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof or any proceeds, thereof, shall be guilty of a misdemeanour, and be liable on conviction to penal servitude for a term not exceeding seven years, or to imprisonment, with or without hard labour, for a term not exceeding two years."

Mr. O'Connor." Fraudulently converts to his own use or benefit.' When did the conversion take place here? The moment he received the money from the debtor?

The Recorder. It is not material. This statute was passed for the purpose of meeting the ease of an agent who receives money on behalf of somebody, mixes it up with his own money, converts it to his own use, goes away and cannot be found, and does not give an account, and then after the law is set in motion writes and says, "I did not leavethe address, but that is a mistake."

Mr. O'Connor." Fraudulently converts to his own use or benefit" depends on the facts.

The Recorder. If yon like to take the opinion of the jury on it, do so. The question may well be for the jury whether the man fraudulently converted to his own use. That they can gather from the circumstances. It must be fraudulently done, not inadvertently.

Examination continued. On September 15 I arrested prisoner at Dr. Dunlop's house. I read the warrant to him, and be replied, "Yes, I went to Leeds to get the money, but was not successful. I searched him, and found 3d. in bronze, a pocket-book, and a quantity of memoranda. In the pocket-book there was a memoranda on September 5: "Called for piano. Left London. Returned one o'clock Sunday morning." That is a piano which I believe he had on the hire system. I subsequently charged him with Dr. McNickle's case; he made no reply. I also found a draft copy of the letter which was read to Dr. McNickle and Dr. Dunlop.

Cross-examined. He told me he had been to the doctor, but he did not tell me that he was prepared to settle up their accounts at the end of the month. He did not say what he wrote to them for, but he said he had written to the doctors.


HUGH BEATON GORDON (prisoner, on oath). I had been for some years carrying on business as a draper in Clapham, and in consequence of a severe illness I had to sell my business and I paid my creditors in full. I sold the business in March, 1903, and on improving in health I commenced business as debt collector, and on the instruction of various people I issued summonses and ordered executions to issue. I received various accounts from Mr. Wilkes to collect. I have paid Mr. Wilkes

everything except £8 4s. Mr. Wilkes instructed me to issue proceedings wherever I could not recover payment when necessary. I issued a summons against Frost in the Brompton County Court for the sum of £19. Mr. Wilkes did not give me any money to pay the court fees. The fees came to just over £3. I conducted this matter before the County Court judge myself. It was a default summons. The execution was issued. No money was paid by Frost to me—some part of it was paid to Mr. Wilkes. When the County Court process was taken out I had a notification from Mr. Wilkes that Frost had paid to him £7. The case was sent to the Lambeth County court because West Norwood was in that jurisdiction.

To the Recorder. The execution was not put in through the error of Mr. Wilkes. The High Bailiff told me Mr. Wilkes had written to him saying he knew nothing about £7. I wrote Mr. Wilkes and told him it made me look funny, and I went on to say, "I return you the plaint note. You have acted in the matter personally, and I do not want to deal with it any further." The High Bailiff looked on it as if I had received it.

To Mr. O'Connor. The amount I was to collect was £16 8s. from Mr. Hipperson, with a commission of 10 per cent. I claimed commission on the whole amount. My commission would have been £1 12s. Since August, 1905, I called at Mr. Wilkes's office in Chelsea. I called in December just before Christmas to settle with him. I went to see him personally to get some more accounts from him. About September, I think, I sent him a statement showing that Hipperson had paid up. I have called four times altogether. I could have sent the money, but I wanted to see Mr. Wilkes himself. I could have made an appointment by letter, but I did not I had an assistant in my business. I was not able myself to attend to business during November. I was prevented by a skin eruption in the head. I employed an assistant, but I did not find him to be trustworthy. He left me suddenly and he took with him just over £15, money that he had collected. The £15 included moneys belonging to other people which had been collected. It crippled me, so that I could not pay that amount up. I did not take any proceedings against him or go to the police or give him into custody, because he was my brother-in-law. I have not seen him since. He was Matthew James Cameron. It prevented me carrying on this business at 27, Claverton Street. Then I moved to another house the second week in December. I did not notify Dr. McNickle or Dr. Dunlop of the change. I still carried on the business from 27, Claverton Street. I gave notice to other people but Mr. Wilkes. Dr. Dunlop and Dr. McNickle were not pressing me at the time, and I took advantage of it. I did not give them the change of address because I still carried the business on at 27, Claverton Street,

through the kindness of the landlord. He told me I could still carry on the business, and he kept the rooms open for me. Letters sent to me were forwarded to me through the post always. My health recovered in the spring of this year, and I took another place at Clapham. I intended to pay these people in full. I sent these letters on September 25 to Dr. Dunlop and Dr. McNickle. Up to that time I had not any knowledge that a warrant was issued against me. I intended to pay them the money in full at the end of the month.

Cross-examined. I went to Atherfold Road in June of this year. I carried on the same business there under the name of Langton Wright. I intended to open out another business under a new name. I collected money for Dr. Marsh—about £5—but I have not paid over the amount to him. I was carry ing on the "Gordon" business then. I collected for Dr. Marsh within the last six months. I carried on the business as Gordon after I went to Atherfold Road with those I had done business with before. I collected money for Dr. Cope as "Gordon "—over £15—which I have not paid. I collected £1 for Dr. Gotta, of Lupus Street, and I gave him 17s., being less 15 per cent. I collected 9s. for Dr. Bramstone. I gave it to Cameron to pay over, but it has not been paid. I collected £2 for Dr. Muir, and it has not been paid over. I collected about £20 for Hughes and Co., of Denman Street, and that has not been paid over. I made an arrangement with Mr. Hughes four months ago, before I went to Atherford Road. I have collected money for Mr. Keevil, of Streatham, but not paid it over. It was about £12 or £14. I collected it up to January or February of this year. I did not pay it because I could not. I received £1 14s. 6d. for Mr. Major, of Plaistow, for County Court cases. I collected 12s. 6d. for Mr. Skee. I only had it three weeks when I was apprehended.

Verdict: Guilty. Sentence: Three months' hard labour.

NEW COURT; Wednesday, October 31.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-63
VerdictGuilty > unknown
SentenceImprisonment > hard labour; Miscellaneous

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Mr. Ritchie Macoon prosecuted. The evidence was interpreted.

WILLIAM PAVER : Prior to September last I had been in the employment of Messrs. Newman Smith and Newman, ware-housemen, of Newgate Street, for about 6 1/2 years. I know prisoner

as having been a customer of the firm in March, 1904. He used to come in, perhaps, twice a month, and was a cash customer. He had no credit account. The routine with a cash customer is that in the first place he applies at the counter for what he requires. Newman and Co. deal in soft furnishing goods, such as tapestry and cretonnes. If he requires a length of cretonne it is cut off, and he then takes it down to the entering-room, and he is given a ticket, of which a duplicate is kept. The ticket is given to a clerk at another counter, and he makes an invoice out This is checked by another clerk, who makes an invoice out and asks the customer for the money, which is taken into the counting-house upstairs. The invoice having been receipted, the goods are handed to the customer. On every occasion when he bought goods in that way prisoner went through the process I have described. I had a visit from him in the first week in September, when he asked for a length of blind holland and for some sateen. I was then engaged in the sateen and cretonne department, which is quite distinct from the holland department. In the ordinary way, therefore, if he wanted to buy holland for cash he ought not to have come to me at all. He went with me into the holland department and selected a length of about 37 yards at, I think, 1s. 6d. a yard, but I could not say exactly the amount. The length of holland was cut off, taken down into the entering-room, and paid for in the usual manner. Prisoner asked, could be pay me for it, and I said, "No" On September 19 he called again for another length of holland of about 20 yards of the same material as before, and asked me if I could not take the money for it. I said "Yes," and he gave me 10s. No entry was made in the journal of this transaction, and the 10s. I received I put into my pocket. In the first place, this piece of holland was, at my suggestion, put in the shipping-room by one of the assistants in the holland department. The proceeding was, of course, highly irregular. It was afterwards handed to him in the sateen department, where I had taken it myself. In the shipping department goods are laid out for sending away, and a piece of holland like that would, of course, not attract attention there at all. Prisoner left with the parcel by the side entrance. The front entrance, where a commissionaire-stands on duty, would be the regular and proper means of departure for a customer who had bought goods, but he might go out either way. I had never seen a cash customer leave by the side door, because when the thing is paid for the nearest way out is by the large entrance. There is no one on duty at the side door. The value of the 20 yards of holland would be 29s. 2d. or thereabouts. On September 21 I remember that Mr. Arthur Ling took me into his office, where Mr. Henry Ling and prisoner also were. Mr. Ling asked prisoner if I was the assistant who let him have the holland, and prisoner

said, "Yes. I pay then." Both prisoner and myself were given into custody, and were brought up at the Guildhall. I pleaded guilty to the theft, and in consequence of my previous good character I was bound over under the First Offenders' Act. Prisoner at the beginning of September asked for some sateen, and I showed him a book of patterns. He made a selection of 15 yards, the price being 10d. per yard. I did not measure it, being able to estimate it through dealing with goods of that kind constantly. I think prisoner gave me 10s. for it. No entry was made of the transaction, and prisoner had no invoice. There may have been 24 1/2 yards in actual measurement in the roll. With fine material it is difficult to tell. I have been in the habit of receiving letters from prisoner, and know his writing. I have visited him at his private address. The letter (produced) was, I understand, found at my lodgings unopened after I was arrested: "Dear Sir,—The holland you gave me is no good, too dark. The pattern enclosed is the one I must have, cannot possibly put the two in the same room; it has put me to great trouble, loss of time, and money; 13£ yards, 60 wide, or 116 yards 36 wide. I will up two o'clock. Please have ready for me.—Yours truly, Victor Draelens, c/o Mr. Grey, Nightingale Road, Hitchin." He did come up, and was arrested. This sort of thing had been going on from the beginning of the year 1906. In the month of January I was personally a little hard up, and that was the first occasion on which he approached me. He then asked me if I would let him have a length of tapestry. I was then in the cretonne department. The half-piece produced is the tapestry he had from me on that occasion. The price is 6s. 7d. a yard, and the value of 28 yards in the piece would be about £9. Prisoner gave me a sovereign for that, and no entry of the transaction was made in the firm's journals. I put the sovereign into my pocket and prisoner had no receipt or invoice. The next transaction was, I think, about two or three weeks later, and was in connection with another length of tapestry. He asked for a light-ground tapestry, and I showed him a book of patterns. He picked one out, of which I let him have a length of seven or eight yards. The price of the material would be shown in private figures only. He gave me a sovereign, which I treated in the same manner as before by putting it into my pocket, the price of tapestry being 8s. 9d. per yard. The next item was cretonne. He came and asked me if we had a certain style of cretonne. I said, "Yes," and showed him the cretonne book. He selected a pattern, and I let him have half a piece and one with a darker ground at the same time. They come to about 16£d. per yard, and the length of one was 55 yards and of the other 28. For these I received a sovereign. He had no receipt or invoice, and no entry was made in the books. Probably a month intervened before the next transaction, when he had

more cretonne. I should say it was in March. He had 52 yards at 1s. per yard, for which he gave me a sovereign. He always paid by cash, never by cheques. About a week afterwards I let him have a piece of tapestry, 15 yards, the value of which would be about 16s. a yard. I had a sovereign again. The same process was gone through in each case. The payment was always a sovereign. The two cheques (produced) found in prisoner's house, payable to "W. Paver," I have never seen before, and they were not endorsed by me.

PRISONER said that all that Paver had said was false. There was not one piece for which he had paid only a sovereign, and for some time he had paid £4 or £5. It was not he that wrote to Paver in the first place, but Paver wrote to him enclosing samples. Paver also asked him if he wanted to buy any job lots. For the holland he gave 32s. The two cheques he changed because Paver said he did not wish to cash them him sell. All these statements the witness categorically denied.

Mr. FERDINAND PERELS, 16, Ladbrooke Road, Bush Hill Park, clerk. I am a. friend of Paver's, and after he was arrested on September 21 I went to his rooms. I found there the letter, envelope, and sample of holland produced. The envelope had not been opened, and I opened it. It contained the letter which has been produced.

ARTHUR LING . I am a partner in the firm of Newman, Smith, and Newman, wholesale warehousemen and manufacturers. On September 21, in consequence of something I heard, I spoke to Mr. Paver. I had heard that prisoner was in the house and went to where he was in the entering-room, where he had paid for a Japanese silk scarf, costing 1s. 5d. I asked him to come into my office, as I wished to speak to him. I asked him if his name was Draelens, and he said "Yes." I then said." You have had goods from us without paying for them." He said, "No." I asked him when his last transaction with us was, and he said "About a month since.” He referred to a perfectly regular transaction at the end of August, when he had 37 1/2 yards of holland at 8 1/2 d. per yard, £1 5s. 5d., which was paid the same day. I then left my office and went to Paver, who was working at the counter, and asked him if prisoner was the man to whom he gave the holland, and he said "Yes." Prisoner appeared to understand perfectly well and replied in broken English. He then said, "I pay." I asked him for his address, and the address he gave was 14, Hogarth Buildings, Westminster. I sent for a policeman and gave him into custody. I have had inquiries made at that address. It appears prisoner was there two years previously. His real address is at Hitchin, where he carries on some sort of business as a working upholsterer, in which he would use stuff of this kind. I have had made out from the books a list of the transactions

we have had with the prisoner, extending back to March, 1904. He was always a cash customer. The number of transactions is 20 or 30. On October 18, alter prisoner was committed for trial, I had an examination made of his house in company with Detective Betheridge. The pile of goods produced was found there in various parts of the front room. Somewere on the floor, and one particular piece had a piece of sheet drawn round it and was used as a bolster on the bed. It is all our stuff, entries for which had never passed through our books and has not been sold. We have no slips or entries or copies of invoices with regard to it. The value of the stuff I estimate at a little over £60.

The evidence having been interpreted, prisoner stated that he said, when Paver was pointed out to him as the man who gave him the holland, "J'ai payeé" (I have paid). Witness stated, in answer to prisoner, that he heard him say at the station that he had paid Paver 32s. for one piece of holland, and that Paver did not answer.

(Thursday, November 1.)

WILLIAM PAVER , recalled. I was called as a witness at the Guildhall. I did not then mention any goods as being improperly taken by the prisoner, except one length of sateen and one length of holland. I gave information as to the other goods of which evidence has been given on the Saturday before these sittings began. These other things had then been found in prisoner's house. I was asked to go to the solicitor's office, where I saw the small (patterns (produced) of the goods. Having seen the patterns I made the statement about the goods, having been stolen. There were no other similar dealings beyond what I have given in evidence. There was one other small piece, about a yard square, which prisoner took away. The selling value of it was 2s. 11d. It was not a separate transaction, but went with this velvet table cover (produced), the proper value of which would be about £2. I got a sovereign on that occasion or something of that kind. I have now told of all the goods that went to this man. There are no goods which went to anybody else procured by me, either from my own or any other department. I did not say before the Alderman that prisoner had taken no other goods except the two pieces charged. I was not asked that. As I said yesterday, these transactions with prisoner commenced at the beginning of the year.

The Common Serjeant. You appear to have said before the Alderman that the beginning of September was the first time What do you say at to that. Did you say that before the Alderman?

Witness. I must have done, I think. Prisoner learned from me at the warehouse where I lived.

WILLIAM CHARLES EDWIN JORDAN . I am a clerk in the employment of Messrs. Newman, Smith, and Newman. I have examined the books to ascertain the dealings of prisoner with the firm since January, 1903, and produce the list. I find the first transaction was March 30, 1904, and the transactions con. tunued at intervals down to September 21, 1906, the date of the arrest, the last entry being 1s. 5d. in respect of a piece of Japanese silk. The goods produced in Court I know nothing about, and I cannot tell whether the entries I have found apply to these goods except by the tickets. I also produce duplicate invoices of the goods sold, but one or two I think are missing. The books of the firm showing the entries are here if they are wanted.

To Prisoner. I recollect sending you an invoice in which there was a mistake of £1. The matter was afterwards set right.

ARTHUR LING , recalled. I have checked the list of entries from our books with the receipted invoices produced, and find entries corresponding to them. There are no entries in the books referring to the stolen goods. The samples produced this morning I cut from the stolen goods myself.

P.C. ARTHUR WILLIAMS , 335, City Police. On September 21 I was called to the premises of Messrs. Newman, Smith, and Newman. Prisoner and the witness Paver were given into my custody on the charge of stealing 19 yards of blind holland and receiving. I said to prisoner, "You hear what Mr. Ling says, that he is going to charge you with receiving this stuff." He said, "I pay." I took him to the police station. The inspector in charge of the station asked him for his name and address. He gave the address of Hogarth Buildings, 14, Westminster. At the police court next day he gave the address at Hitchin. Prisoner asked whether he did not say that he had paid Paver 32s., and that Paver did not deny that. Witness replied that the statement was shouted out by prisoner on his way to the cells. Prisoner said he had paid Paver. The inspector said, "How much have you paid him?" and prisoner said, "32s."

Detective THOMAS BITTZRIDGE, City Police. On September 21 last I was present at the Snow Hill Station when prisoner and Paver were brought in. He gave his address as Victor Draelens, 14, Hogarth Buildings, Westminster. He said he was a working upholsterer. The same day I went to 14, Hogarth Buildings, to make inquiry. I found it was the address of a woman with whom he used to live about two years ago, and he has not lived there since that time. I did not find any holland or any goods of the kind at the place; there was only ordinary furniture, no furnishing drapery or furnishing

goods. I was present at the station when he made a statement about having paid Paver, He said, "I paid Paver." The station inspector said to him, "You paid Paver. How much did you pay him?" Prisoner replied, "32s." I was present in Court next day when prisoner was charged. At the suggestion of the magistrate he gave his correct address, 4, Nightingale Road, Hitchin. The Court was at that time in possession of the fact that I had mode inquiries. On October 18 I went with Mr. Arthur Ling to the address at Hitchin given by the prisoner, the charge having last been before the magistrate on September 28. On that day I found nearly the whole of the stolen goods produced. I went again next day and found the remainder. The bulk of the goods was done up in brown paper parcels in a corner of the room. This large piece of cretonne (indicating) was at the head of the bed wrapped in a piece of white material, a sort of sheeting, under a pillow, and forming a bolster. I also found this holland (indicating). The other two pieces of cretonne were on the floor behind the sofa. Those I discovered on the second occasion. The velvet tablecloth was in use on the table. Mr. Ling identified the goods in my presence. The two cheques produced I found in the house on October 19. They were in a little box, and were handed to me by a woman who is supposed to be Mrs. Draelens. In consequence of what had occurred in Court on October 31, on that evening I again went to the house and found these receipted invoices (produced). I also found a bank book of the London and County Bank, a number of cheques, and a postcard. The account was in the name of Mrs. M. A. Draelens. The postcard has been identified as being in Paver's handwriting, and the date, according to the Post Office stamp, is August 18. It says: "Shall arrive by the 1.22 into Hitchin.—Yours, W. Paver." With regard to other materials, such as a working upholsterer would use in the course of his trade, there were some blinds partly made up, and there was a long wooden bench in the room, such as would be used by an upholsterer, but there were no other goods of the substantial character of those stolen. There was no store of goods. He did not seem to have a lot of goods as if there were other materials in the place; I brought away all there was. The woman at Hogarth Buildings lived with and worked for prisoner two years ago. The woman told me that she had seen prisoner several times during the last two years. It was only when prisoner asked for bail and it was pointed out that he had given a wrong address that he gave the correct one.


MARY KING , living at 4, St. Stephens Terrace, Nightingale Road, Hitchin, asked by prisoner whether it was not Paver

who wrote to him first and not he to Paver, said she knew of letters passing Between them. Paver wrote to prisoner asking him to take a certain piece of stuff. She wrote prisoner's letters because he did not write English. The first letter she remembered was from Mr. Paver. She could not say when that was, but it was only a few weeks before prisoner was arrested. She had been living with prisoner as Mrs. Draelens. Paver's letter was written so badly that she had a difficulty in making out his name. She could not say how many times she wrote to Paver, and did not remember whether at times she endorsed postal orders to him. She always used to talk English to prisoner, as she understood scarcely a word of French. She did not recollect having sent to Paver in April two postal orders of £1. She did not recollect that she wrote to Paver as early as April.

To Mr. Macoon. I have known prisoner since last June twelve months. I went through a form or ceremony of marriage with him on June 9 last, and since that time I have been living with him. Before I lived with him I did not write any letters for him. I thought I was his lawful wife. I have since ascertained that he has a wife living in Belgium.

Witness being in a fainting condition, her examination was not further proceeded with.

VICTOR DRAXLENS (prisoner, on oath, through an interpreter). In the beginning, when I went to the firm of Newman, Smith, and Newman, it was Paver who served me. After I had been to the house several times Paver said that if he always served me he could let me have the goods 3d. per yard cheaper. In the month of November Paver told me that if I wished to buy some remnants the firm was selling remnants, and that I could have them cheap. I asked him the price, and he said they were of different prices from £1 or £2 up to £8. It was represented to me that Paver himself was to be paid, as he had the management of this special department. He showed me some samples and I took one for £5, and I think you have the invoice there of it.

Mr. Macoon said. There was one invoice of December for 17s. 3d.

Prisoner. When the parcel of cretonnes and silks was undone the invoice must have been found inside. I gave Paver the £5, and he packed my parcel and came and took it to the foot of the stairs at the entrance to the place where the invoices were paid. He did the same with every parcel. Every time I came to the firm he asked me if I did not want any remnants, any cuttings. For the red piece which I point to I paid him £4. On the day I asked him for the invoice he said he would give it to me later on as he was in need of money, and wanted it for his tailor. For this piece here I paid him £7. I paid the £7 in three instalments, because I did not have enough money on me at the time—first £3, and then twice £2. One day when

I was in the warehouse he said to me, "If you want some other remnants I will send you samples." I told him, "Yes," and he asked an employe in another department to bring some samples. All the samples of the different goods were to be sold as a job lot. The same with the cretonne; if I wished for any he would send me samples. He even sent me samples of cretonne to Hitchin with the price of them. For this piece of cretonne of 52 yards I paid £2; for this 30s., the quantity being about 28 yards; for this piece of pink sateen £2, the length being perhaps 30 yards and the price 1s. 4d. per yard. For the large table-cloth and the small table-cloth I paid nothing; they were sent me as samples with several other patterns that are not here. For not one piece with the exception of a piece of green sateen of about 30 yards did I pay a sovereign. Paver said if I wished any more goods I was to get samples and let him know, and he would keep the remnants for me; otherwise he would sell them to other people. There are two pieces for which I paid £3 apiece, and for the piece there £4, for which only I received a memorandum or invoice, as he told me the firm were afraid, on account of it being a job lot, that it would be known that they sold these remnants. If, as Paver has stated, I only paid him £1 for this small piece, he would not have let me have this large piece for £1. I leave it to the judge and jury.

Cross-examined. The goods are in the exact condition they were in when I received them. I had been receiving the goods from time to time from December, 1905, to September, 1906. Before December, 1905, I had had several transactions with the firm. On each occasion I received a receipted invoice for the goods before I was allowed to take them from the ware-house. The amount of those purchases was individually small, say from 1s. 3d. up to 10s., with a couple of exceptions, when I oought velvet. Some of the things were not used for the purpose of my business as an upholsterer, but I kept them as I had an affair in view. As I wanted them I went to fetch them. The creme holland I bought in the month of July this year. I continued to make purchases down to September 21 of the present year, for which I received invoices and receipts, and on each occasion I paid cash to the clerk in the office. Altogether I think I have paid Paver £35.

Mr. Macoon. May I take it that for the whole of this £35 you have not a single invoice or receipt?

Prisoner indicated two parcels in which acknowledgments were enclosed. I never received from the firm a receipted invoice in respect of the goods. I paid always to Paver. He told me the department was specially under his charge, that it was a separate account, and the money was to be paid 10 him. It struck me as curious that I should pay these large

sums—£7, £5, and so on—without getting acknowledgment of any kind. After the first occasion he told me he could not give me a receipt as he had no time and no memorandum forms. On the first occasion I had a receipt, which was enclosed inside a parcel. It was a memorandum in pencil only, without receipt stamp. It was for £5 or £4, with the name of the firm. I have been five weeks now in custody, but if I had been allowed to go to my place I should have been able to bring the exact proofs which I have not been able to do. It did not strike me as curious that Paver should give a receipt for a considerable sum of money in his own name on behalf of his employers. I thought that Paver was a member of the family, or related to the house, as every employe seemed to call him from one department to the other. I also paid Paver two cheques, one for £2 and one for £1 10s. If Paver swears that he never saw them until he was at the police court he has sworn a false oath. The endorsements are not in my handwriting. I do not make (draw) cheques myself. The endorsements are in Pavers writing. I saw him write them in the warehouse. He went, as you may say, from there to there, with a pen behind his ear. One was cashed by Frederick Gorringe, of Buckingham Palace Road, and the other at the bank, and both during the afternoon. I cashed the cheques myself and gave the money to Paver, and at his request. [A postcard signed "W. Paver" and a memorandum were handed to the jury for the purpose of comparison.] I made the cheques out to Paver and not to the firm, because Paver told me it was to him the money had to be paid. The circumstance that Paver did not wish the cheques to be passed through the firm's banking account gave rise to a suspicion in my mind that everything was not quite straight, and from that time I did not buy much more.

Q. For the reason I suggest, that you were arrested shortly afterwards. A. No. It is a fact, as indicated by the postcard, that Paver paid me a visit at Hitchin on August Bank Holiday. It did not occur to me as curious that a member of the family of Newman, Smith, and Co. should visit me on Bank Holiday. I did not find anything extraordinary in it He did not come to pay me a visit particularly, but to see Hitchin. He was there from one o'clock in the afternoon till half-past eight. He had dinner at my house at two o'clock. I had no suspicion that there was anything wrong in a member of the firm of Newman Smith coming to dine with me. During the time I was receiving these goods I was also buying other goods from Messrs. Newman Smith when I wanted any, and in each case had a receipted invoice, and went to the entering room in the basement of the warehouse with a clerk or employe. In each case the money was taken upstairs to the counting house, but if it was a small thing I sometimes left without waiting for the

invoice. The fact that I never went through this routine with Paver gave rise to the suspicion in my mind that everything was not right, and that was the reason I did not go on with it when Paver commenced to do away with the receipts. I paid Paver £4 for the piece of red material in February. I continued to have goods down to September. In February Paver told me he wanted the £4 to pay his tailor. That fact did not create suspicion in my mind. I have been in business as an upholsterer 35 years, and in England for four years, and therefore am in a position to know the value of goods of this character. I buy for my business cretonnes, satinette, woollen stuffs and velvets. I never bought any remnants before. I do not know that a remnant is a matter of three yards, four yards, or five yards of stuff. In our trade what we call a coupon or a remnant may be more than that, three-quarter of a piece or half a piece. When once a piece has been encroached upon it is no longer a full piece. Of the pieces produced the cretonnes have not been touched, and are therefore full pieces. I also use leather in my business as upholsterer. I had no stock of leather in hand at the time of my arrest, nor anything except three pieces of muslin. I bought these goods because I had cheap occasions of buying. I make usually about £3 or £4 a week, but I think I am justified in buying such goods if I have the money to do so. I remember being called into Mr. Ling's office on the day of my arrest. I do not remember denying that I had had a transaction with the firm within a couple of days. It was not till Paver came into the office that I admitted a transaction on the previous Wednesday. I gave Mr. Ling my address in London as Hogarth Buildings. I also gave that address at the police station, because it is my address in London, and not because I knew the property was not there. The detective told the magistrate at the police court that that was not my address. When I took the goods from Newman's I usually left by the front door. I left only once by the small door.

Prisoner, asked if he wished to address the jury, said he was not guilty, but was the victim of a dishonest man. He could give the names of people for whom he worked, such as Madame Barosse, Lady O'Hagan, Lady Sleigh, Mr. Cunard, Mr. L'Estrange, Sir Faudel Phillips, etc., and he implored the indulgence of judge and jury for the name and honour of his children.

Verdict, Guilty. Police evidence was given to the effect that nothing was known against prisoner's honesty, that he was a Belgian, and had been in this country about four years. He married the woman King on June 9, and has since admitted to her that he has a wife living in Belgium, His reputation as a working upholsterer, said Detective Betteridge, is good.

He is a clever workman, and has been engaged in private houses in different parts of England.

Sentence, Twelve months' hard labour. An order for the restitution of the goods was made.

THIRD COURT; Wednesday, October 31.

(Before Judge Rentoul)

22nd October 1906
Reference Numbert19061022-64
VerdictGuilty > with recommendation

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Mr. Purcell prosecuted. Mr. C. F. Gill, K.C., and Mr. Huntly Jenkins defended.

Verdict: Guilty; prisoner recommended to mercy on account of his previous good character. Sentence, six months' imprisonment in second division.

OLD COURT; Thursday, November 1.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-65
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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MEURISSE, Renie, 37, cook; stealing on various dates certain goods of Onarato Boscacci, having been entrusted by Boscacci with the said goods in order that he might deliver them to another person, did fraudulently convert the same to his own use and benefit; similar indictments relating to goods of Paul Faure.

Mr. Leycester prosecuted.

ONRATO BOSCACCI , partner in the firm of Boscacci, Moresi, and Co., manufacturers of kitchen utensils, 6, Rupert Court, Soho. Prisoner called on me in August. I had known him just before that. He told me he was a chef. Towards the middle of July he mentioned the name of Tiblemont. He told me he was going to open a manufactory for biscuits for a certain Mr. Tiblemont. He took away two egg-bowls. It was on July 18 he took them away in the name of Tiblemont, and it was put down to Tiblemont's account. This (produced) is one of them, worth 15s. He came very often. Among other dates he came on August 8, and took away five copper pieces and five bowls and a stewpan. The copper pan pawned with H. Davison (produced) is part of the goods he had on August 8. None of the things have been paid for. I complained to the police, and I afterwards saw these goods in the possession of the police. Some of the goods he had are still missing. I speak Italian, but I also speak a little French. Prisoner speaks French and a few

words of Italian. All the conversation between us took place in broken French.

ALBERT REYNOLDS , assistant to Mr. Law, pawnbroker, High Street, Stoke Newington. I produce the egg-bowl which was pawned with me on August 20 for 7s. by prisoner. He spoke to me in English, and I did not have any difficulty in understanding him or he me. He gave the name of Meurisse, No. 7, Cazenove Road. I had no difficulty in making him understand. He said he was a chef. I noticed the article was new. He said he was a chef out of work, and at soon as he found business he would use them. I afterwards produced them to the police.

To Prisoner. You never brought anybody with you at all to translate for you.

FREDERICK WHITEFOOT , assistant to W. H. Pockett, pawnbroker, Waterloo Road. On September 10 this stew-pan was pawned at our shop by prisoner, who spoke in English, and I had no difficulty in understanding him. I lent him 8s. on it. I noticed it was new. He said they used them in the biscuit factory, that he was governor of the factory, and he gave me a billhead (produced). The name on the back is Meurisse, and I gave the bill-head to the magistrate. I believed his story—he spoke very genuinely. According to my idea, it was worth 8s. They do not run in our line, as a rule, but I thought it must be worth that money. I was quite safe to lend 8s. on it He said he was governor himself and pressed for money, and he thought he could dispense with them as they did not use them much. He said he had got some more to pawn. I did not care about it really, because they were not in our line, but be seemed hard pressed, and I wanted to do him a good turn. I did not think it was such a factory as he represented. I thought it was a small firm. They generally have a big name when they do not do much business. The police came over for the stew-pan.

CHARLES CLARKE , assistant to Henry Davison, pawnbroker, 145, Waterloo Road. I produce this copper pan, which was pawned at our shop on September 22. It was pawned for 5s. He could talk English and he gave the name of Duval. I pointed out it was a new article, and he gave me his card, showing the firm where he came from. He did not explain why he was pawning a new article. I thought it was all right. I think he had somebody with him at the time, but prisoner conducted the conversation.

A. CLARK, Detective-Sergeant. On the 24th I arrested the prisoner at prosecutor's shop. I spoke to him in English. I told him he would be charged with obtaining a number of copper pans. He said, "I have not had them," in English. I took him to the station. He gave the address, 429, Gray's Inn Road, which was found to be a false address. Then he gave

another address—14, Whiteman Street, Gray's Inn Road, and that was a false address also. When the charge was read over to him, he said he was sent to get these things by Tiblemont, by whom he was employed as a chef, and he sometimes went messages for him, and that Tiblemont had given him these things to pawn when he was short of money. He said Tiblemont was his employer and lived at 8, Cazenove Road, and that we should find the goods there. There is such a man in existence as Tiblemont, but he has absconded. We have tried to find him and failed. We have been to 8, Cazenove Road. It is a shop which is closed, and has been closed for three months. I went with Brooks and the other officers on September 26 to 41, Great Ormond Street. It is let out in tenements. It is not a shop. In a front room I found a number of kitchen utensils, which comprised the other things produced here, and have been identified by prosecutor. They were in a room used by Duval as an office. I found Duval there and arrested him. The next day, the 27th, he was brought before the magistrate, and evidence of arrest given, and he was remanded on bail. He did not appear again. We tried to find him, but failed. We also found in the same room a file and signs on the articles of their having been filed. The prosecutor's name was filed off. Prisoner gave us the information. We found the copper pans were offered for sale to Foyer. We followed the man who called there, and so got the address. We found some more not produced in the possession of Tebble. Prisoner after he was arrested was kept in custody and not let out on bail.

Prisoner. The witness knows very well I do not know Duval.


RENIE MEURISSE (prisoner, on oath. I know prosecutors by selling some of their articles. I knew Tiblemont wanted to open a biscuit factory at Stoke Newington, and he asked me to find some material for him. I introduced Mr. Boscacci to Tiblemont. Boscacci provided some material for Tiblemont. Boscacci wishing to have some guarantee, asked Tiblemont to sign two bills of £30 each, one payable at the end of October and one at the end of November. Boscacci gave these bills in payment in Paris. Tiblemont had ordered some machines, but these machines were never delivered by Boscacci. This is the proof, that Tiblemont's solicitor sent me two invoices receipted and the letter from Tiblemont which says I have only done what he asked me to do. I have been a chef and nothing else. Tiblemont told me, as he was short of money, to go to the pawnbroker and pawn a few things for him. I know Tiblemont had something to do with Duval, but I do not know Duval myself. I acted in

good faith. I never received a penny and have not got a penny. The proof is that I gave my name, and I gave also the billhead of the firm. These are the different papers, and Boscacci owes Tiblemont £27, and this is the signature of Boscacci. If I wished to do anything wrong I would not have gone to Boscacci.

Cross-examined. I got altogether from Boscacci goods worth £60, but he has not delivered everything. They did not want to deliver any more goods unless I gave them a bill on Paris. I remember Whitefoot, but I did not tell him that the French Biscuit Faotory Company belonged to me. I did not tell him I was the governor. I gave them the address where I lived before. They knew well I was working at 8, Cazenone Road. I never thought they could arrest me, because I acted in goon faith. I know Reynolds. I deny I went to the shop with Duval in order to take out some goods which I had already pawned there in the middle of September. I was not with Duval. I was with Tiblemont. I know who went, but it was not me. I acted in good faith and I acted for my employer.

Mr. BOSCACCI, recalled. (To the Recorder.) I never knew Tiblemont; he came to the house only once. That was before the prisoner came. Tiblemont came to my place on July 25 or 26. He came to see the goods which he had ordered. He told me that Meurisse was authorised to do anything in his name. I told him I would do my best. I did not ask for any reference. I sent my son to the factory business; there was a shop with "French Biscuit Factory" on the sign.

CHARLIS CLARKE , recalled. I could not say how old Duval was—he was a youngish man. I do not remember which it was gave the name of Duval, it was one or the other. The pawnticket was made out in the name of Duval. Prisoner spoke English. I could not say whether the other man spoke English.

ALBERT REYNOLDS , recalled. When prisoner came to take out some of the articles he was accompanied by another man—a short, stout man. No name was given.

ONARATO BOSCACCI , recalled. This is one of our billheads, and these documents were made out by me. Some of them I sent by post and some I gave personally. They record the different transactions I had either with prisoner or with Tiblemont. The two bills were dishonoured at maturity.

To Mr. Leycester. Assuming these two bills were, in fact, met and paid, there would still be £5 remaining due in addition to the £60.

Verdict, Guilty. It was stated prisoner had been convicted a great many times in France.

Sentence, 12 months' hard labour.

22nd October 1906
Reference Numbert19061022-66
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

BOLTON, Charles (22, labourer) . Feloniously assaulting Reuben Rottstein, with intent to rob; feloniously causing grievous bodily harm to Edward Hemms.

Mr. J. F. Vesey Fitzgerald prosecuted.

[Refer to the prosecution of Michael Harnett and Edwin Thomas Baker, July Sessions, page 212.]

REUBEN ROTTSTEIN (tailor). In the early morning of June 23 I was in Commercial Road by myself. I had been early in the evening with my boys. My son was 5 ft. behind me. I was walking along near the railway arch by Dr. Barnardo's Home, and Michael Harnett caught hold of me and Baker was there. There was a third man there, who was prisoner. He caught hold of me and pulled me on his chest. The only thing I could say was, "Oh." Then my boy came behind. When Michael Harnett caught hold of me Baker and Bolton surrounded me. I did not know what they were doing. My boy came up and said, "What is the matter?" When he said, "That is my father," Harnett let me go. He said, "Come out of it." I got a blow at the back of my bead, and I ran away for a constable, and when I came back the constable was there, and a whistle was blown by the watchman. I saw my boy's friend, Hemms, laid out on the pavement. I said to the constable, "The best thing would be to send for a doctor." I saw nothing more of prisoner. He was not there when I came back. I saw prisoner again a fortnight ago. I picked him out in the station from 25 or 30 men. I am sure he is the man.

ISAAC ROTTSTEIN , tailor, son of the last witness. In the early morning of June 23 I was in the Commercial Road; I was behind my father two or three yards. As he walked towards the railway arch there were three men behind it, and they rushed out and, caught hold of my father. Prisoner was there, and the other men were Michael Harnett and Baker. They were tried and convicted at the last Sessions. The three of them closed round my father, and as I came up Harnett had hold of my father, and I rushed up and pulled him off. When he said, "What is it to do with you?" I said." It is my father." Then they let my father go and we went to go away. They said, "Let him have it," and one of them struck me on the back. Hemms tried to stop them, and they all rushed for him. They struck him and knocked him over into a trench. Hemms was unconscious for seven days, concussion of the skull and fracture. They all three ran away down a street. I knew prisoner before by sight. I subsequently picked prisoner out from 23 to 24 others. I took Hemms to the hospital.

To Prisoner. It is not true that you took no part in the assault on my father, or that you were trying to induce the other men to come away. They all closed round; it was Harnett who knocked Hemms over.

THOMAS PATTEN , cabinet-maker, now residing in Bow. I was with last witness in Commercial Road on June 23 at 12.30. As we approached the railway arch three men surroundeds prosecutor, and claimed hold of, him. Harnett had hold of him by the shoulder, am he others were on the side. They formed a circle round him. I could not see what they did. I recognise prisoner; I picked him out from others at the police station last week. I am quite sure about the prisoner. I did not know him before.

To Prisoner. There were a good few people round the coffee stall.

To the Recorder. Prisoner said, "Let him have it." I saw him strike Hemms. The other two knocked him down and he went into this aperture and fractured his skull. I have doubt that these three men were acting together.

EDWARD HEMMS , labourer. On the night of June 23 I was walking along the Commercial Road with prosecutor, and as we approached the railway-arch this assault took place. I can identify prisoner. As soon as I was told his name I knew who it was, because I used to go to school with him. I did not recognise him were, I never saw him there. I was knocked down and my skull fractured. I have pains in my head yet. I am able to get to work just middling. I was unconscious for seven days. I was detained in the hospital for nine days.

WILLIAM BROWN , detective, K Division. I arrested prisoner at 11.45 on October 13. I said, "I shall arrest you for being concerned with Harnett and Baker in assaulting a man on the night of June 23; also with causing grievous bodily harm to the other man." He said, "I met Harnett and Baker that night at the corner of Arbor Square, and we went to me coffee-stall." He said, "Why have not you done it on me before? Campion saw me up the road the other day and did not take me." I told him Campion saw him, but as soon as he saw Campion he went off. I told him we were looking for him. After he was charged he said, "Thank you, sir."

HENRY CAMPION , detective, K Division. I saw prisoner standing outside the "White Swan" in Commercial Road on Saturday at 12 o'clock, and I was with two other officers. I knew he was wanted. I stood there for a minute while a cart went by, and when the cart had gone by prisoner was gone. If he had not gone I should have arrested him there.

JAMES BERRY , coal porter. I remember the morning of June 23. I was standing at the corner of the Horseferry in Commercial Road 250 yards from the coffee-stall, when I saw six men walk up towards the coffee-stall. The first three were prisoner a fat fellow, and a thin fellow. I do not know the fat fellow or the thin fellow. I saw prisoner, who was walking behind the two men towards the coffee-stall. I saw them about a quarter of an hour after that. They came back to the corner

of the Horseferry. I was there all the time. When they came back the fat fellow came up and said, "I punched him like this," holding his sleeve. The thin fellow never said much. Prisoner said, "He can punch hard."

To Prisoner. I told you I saw you come to the corner of the Horseferry. There was no one else with you besides two men. I was standing at the corner of the Horseferry, and there were no women there. There were no women at the corner of the Horseferry, only the fat fellow and the skinny fellow.

To the Recorder. I know the fat fellow by sight; he looks what he is. I do not know their names; if I had known the names I would have told you at first.

Detective BROWN, recalled. Harnett is a fat man and repulsive-looking, and the other man is a thin man. The description given by last witness corresponds with that of Harnett and Baker. In comparison with Harnett, Baker might be described as skinny.

Verdict, Guilty. Sentence, Five years' penal servitude.

THIRD COURT; Thursday, November 1.

(Before Judge Rentoul.)

22nd October 1906
Reference Numbert19061022-67
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Miscellaneous

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CHARVINI (otherwise Schwartz), Elvira (37, teacher), pleaded guilty to unlawfully attempting to procure Inez Schwartz, a girl under the age of 21 years, to become a common prostitute. Sentence, Six months' hard labour; certified for expulsion under the Aliens Act.

22nd October 1906
Reference Numbert19061022-68
VerdictsNot Guilty > unknown; Guilty > unknown

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HALL, Edward (54, labourer) ; committing an act of gross indecency with Charles May, a male person; and MAY, Charles (17, vanguard) ; committing an act of gross indecency with Edward Hall, a male person.

Verdict, May, Not guilty; Hall, Guilty. Sentence, Six months' imprisonment in second division.

22nd October 1906
Reference Numbert19061022-69
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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BANKS, Herbert (38, agent) . Attempting to obtain by false pretences from Marshall Roberts the sum of 10s. with intent to defraud. Obtaining by false pretences the sum of £1 from Richard Russell and 2s. from William Henry Durrant, in each case with intent to defraud.

Mr. T. Close prosecuted.

RICHARD RUSSELL , 299, Romford Road, Forest Gate, corset manufacturer. On September 29, 1906, prisoner called on me and said he represented the "International Business Directory," published by Unwin and Son, Queen Victoria Street. He also produced a copy of an advertisement, which he said

had appeared in the current issue of the Directory, and stated that the amount to be paid for such advertisement was £1, which I paid, and received from him receipt (produced), signed "Woodward." I had paid prisoner the same amount last year, he giving me a receipt, I am almost certain, in the name of Banks. I never saw the directory.

Cross-examined. I paid prisoner £1 last year for the "Commercial Directory"; that would be 12 months ago.

WILLIAM HENRY DURRANT , 2, Camden Street, builder. On October 6, 1906, prisoner called on me and asked if I would renew my name in their book. It appeared the year before. I am not certain if it was the "International Directory." I have not seen it in the book. I paid him 2s., and received the receipt (produced), headed, "International Business Directory, London, Provincial, Foreign, and Colonial," and purporting to be published by Unwin and Sons, 11, Queen victoria Street.

Cross-examined. I am certain prisoner is the man who called on me.

MARSHALL ROBERTS , 187, High Street, Camden Town, draper. On October 6, 1906, prisoner called on me. He presented the form (produced) to one of my assistant, who brought it to me. I asked prisoner his business, and he said he wanted 10s. for the renewal of an advertisement in the "International Business Directory." I had not advertised in it. I asked him the address of the office, and he said, "11, Queen Victoria Street." He said he represented Unwin's. I asked prisoner how he came to possess this form, and he said he had got it at their office that morning. I recognised the form as the form by which we have previously been defrauded of 10s. I then sent for a constable, and stated that we had previously been defrauded of 10s. by this very form, and that this man was in possession of it, and said he had got it that morning at Unwin's office, and he was applying to us for another 10s. The constable asked him to go to the station. Prisoner said he would not do so unless charged, that his business was bonafide. I then said, "If your business is bonafide and genuine there is the 10s.; give us a receipt, and the constable and I will accompany you to the office." He said, "No, I refuse to take it. Will you charge me?" I said, "Very well. I charge you with attempting to obtain money by false pretences." He was then taken to the station.

WILLIAM WHITE , police sergeant. I had prisoner detained at the station, and told him I would make inquiries. He produced case containing slips, and said, "I got these from a man named Burton. I met him at the station this morning. I went to the "Skinner' Arms" for a drink. I told him I was hard up, and asked him if I could make a call or two for him. I have known Burton for about three months, and have made several calls for him during that time. I do not know where

Burton lives." I have not seen Burton. I inquired at 11, Queen Victoria Street, and found there was no such firm as Unwin and Sons, Limited, there. At 13, Queen Victoria Street, there is a branch of Unwin Bros., Limited, the well-known publishing firm, whose chief establishment is in Pilgrim Street, City. I saw the manager there, and he knew nothing whatever of the man Burton, and described the International Business Directory so far as his firm was concerned as mere moonshine. When I arrested the prisoner he said, "I got these from a man named Burton. He works for Messrs. Unwin. I went to 2, Camden Street, and got 2s. from Mr. Durrant. Burton went with me. He did not go inside. I afterwards paid him 1s. 4d., and kept 8d. of the 2s." When charged prisoner made no reply. I have inquired and been unable to ascertain that there is any such directory in existence.

Cross-examined. Prisoner voluntarily gave the information that he got the 2s. from Durrant.


HERBERT BANKS (prisoner, on oath). The receipts in the names of Banks and Woodward are both in my writing. I signed Woodward because I intended to make an application personally to Unwin's, and I did not want them to know I had been doing business on their behalf for another agent, to which principals of firms have great objection. I was working for other agents, getting a lower commission, because I have not been able to get a surety. I signed the receipt to Durrant in the name of Burton because I told Burton I would make the application in his name. Burton filled it up. The receipt shown to Roberts was handed to me with other papers by Burton to canvass with. It is signed by Burton, and is not my writing. I met Burton casually in the first place, and have met him frequently since. I had been working previously for another directory and acting as sub-agent for several directories. I have unfortunately not been able to find sureties to get on the firms. I was absolutely penniless, could not leave my wife and family to starve, and like a drowning man I jumped at a straw. I collected the money and leave myself to the mercy of the Court. I cannot give evidence, as the firm I have been acting as agent for some considerable time, Kent and Co., are in trouble like I am. I only know Burton lived at Shepherd's Bush.

By the Jury. I have lived in my present apartments two years, and in the district six years. [To the Judge.] I am willing the police officer who has been making inquiries should tell you anything he can about me, so far as my career in London is concerned.

Sergeant WHITE, recalled. The prisoner admits having been convicted in October, 1899, at Hove, and sentenced to six weeks for embezzlement. I have been his wife, and made inquiries in the district where he has been living for the last two or three years, and I have heard a very bed character of the prisoner. His wife and landlord say they have known he has had money and has come home drunk night after night; he has not contributed anything towards the support of his wife and children. [Prisoner: "That is a lie." ] The wife gets assistance from friends, and her landlord and landlady are very good people and do what they can to assist her. He has three children. He has assaulted his wife and left her in dire distress.

PRISONER, recalled. My wife wanted to come here, and I asked her not. I am sure she would not say what the police-officer states.

Cross-examined. I have not been to Unwin's to ask if they wanted canvassers. When I said to Roberts I got the form from the office I should have said I had it from one of their agents.

Verdict, Guilty. Sentence, 12 months' hard labour.


OLD COURT; Monday, October 22.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-70
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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WETHERALL, John (23, labourer) pleaded guilty ; to breaking and entering the shop of Francis Lanham and stealing therein five pairs of trousers, his goods, and feloniously receiving same; he also confessed to a conviction at this Court on September 12, 1905, in the name of John William Wetherall. for felony, with a sentence of nine months' imprisonment. Sentence, Six months' hard labour.

NEW COURT; Monday, October 22.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-71
VerdictNot Guilty > unknown

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GREEN, John (17, labourer) . Uttering counterfeit coins, well knowing the same to be counterfeit.

Mr. Beaumont Morice prosecuted.

JOHN WEST (aged 13). I attend my father's sweetstuff shop at 18, Hallsville Road, Canning Town. On September 20

prisoner came into the shop in the evening and asked for a pennyworth of Hills tobacco, for which he tendered in payment the counterfeit sixpence (produced). When I looked at it I said." This is no good." Prisoner turned round, and, picking up the sixpence, asked what was the matter with it. I then said, "Let me have another look at it," but prisoner picked up the sixpence and walked out of the shop, using bad language to me.

LIZZIE COMER , wife of Abraham Comer. We keep a fried fish shop at 8, Hallsville Road, Canning Town, a few doors away from the shop kept by the parents of the last witness. On September 20, at about 20 minutes to 10, prisoner came into the shop and asked for 1/2 d. of fish and 1/2 d. of potatoes, for which he tendered in payment the coin produced. I gave him 5d. change, and he walked out of the shop. I examined the coin afterwards, and, after having spoken to my husband, I went out after the (prisoner, who was only a few yards away. I said, "You have given me a bad 6d." He said, "My mate gave it to me." He took the sixpence from my hand, and I asked him for the fivepence change, and asked him if he would go back to the shop, which he refused to do. He threw the sixpence on the ground and ran down Arkwright Street. A boy picked the sixpence up and (rave it to me. I then spoke to the police. I afterwards saw prisoner at the police station. I am sure prisoner is the man. I had known him previously by sight.

To Prisoner. You did not tell me that you had not got the fivepence, but had given it to your mate.

P.C. ARTHUR KITCHERSIDE , 873 K. About 11 o'clock on September 20, in consequence of information received, I went to Arkwright Street, where I saw prisoner. I asked him if his name was Green, and he said "Yes." I said, "I am going to take you into custody for uttering a counterfeit sixpence.” He said, "Yes, one of my mates gave it to me." I searched him at the station, and found upon him only one penny in bronze. Prisoner was identified by both West and Comer.

WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins at His Majesty's Mint, proved that the sixpence issued was a counterfeit. The coin was pretty well cast before it was defaced. The coiners had only just started making imitations of the King's coin.

JOHN GREEN (prisoner, on oath) stated that the sixpence was given to him by one of his mates, named George Bacon, and when he came out of West's shop he told Bacon it was not a good one, and Bacon gave him another sixpence. With that he went into Comer's shop, and when he came out Bacon asked him for the change, which he gave him.

Verdict, Not guilty.

OLD COURT; Tuesday, October 23.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-72
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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TUCKER, Maud (22, servant) pleaded guilty ; to stealing one pair of boots and an apron, the property of William James Tipman, from the person of May Tipman, and to four similar indictments respecting thefts from other persona. Prisoner also confessed to a conviction at this Court on June 29, 1905, of larceny from children, with a sentence of 15 months' imprisonment. A number of other convictions, principally for similar offences, were proved. Prisoner's method was to stop children in the streets, induce them by promises or offers of money to take off their boots and then decamp with them. The police evidence proved her to be incorrigible. Sentence, 20 months' hard labour.

NEW COURT; Tuesday, October 23.

(Before the Common Serjeant.)

22nd October 1906
Reference Numbert19061022-73
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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POWER, Jeremiah (23, bricklayer) pleaded guilty ; to breaking and entering the shop of Maurice Hare and stealing therein a leg of pork and 16 pieces of beef, his goods, and feloniously receiving same.

Mr. W. S. M. Knight appeared for the prosecution.

Proscecutor haD a shop at 55, Broadway, Barking, which is in charge of a man named Tansley. On Saturday evening. October 13, Tansley locked up the shop, leaving the meat in sacks. On Sunday morning a constable saw prisoner going along with two bags, and asked him what he had there. Prisoner dropped the bag and ran away, and when caught by the constable offered a violent resistance, threatening to shoot him with a revolver, though as a matter of fact he had no revolver upon him. The statement prisoner made when charged was that he had been out of work for the last six weeks, and his wife and child had nothing to eat, and that drove him to madness.

Sentence, six months' hard labour.

22nd October 1906
Reference Numbert19061022-74
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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THOMAS, William (19, labourer) ; stealing three sheets of zinc, the goods of John Smith Pilbrow, and feloniously receiving same.

Mr. W. S. M. Knight prosecuted.

HEBBERT PILBROW , 27, Sydenham Hill, son of John Smith Pilbrow. My father it owner of the shop 32, Victoria Dock Road, Canning Town, which for the last month or so has been unoccupied. About a month ago I examined the premises, and

on going on to the roof I found that some of the zinc capping was missing. I communicated with the police. On October 9 I again examined the premises, when I found that three sheets of zinc were missing and 22 strips of capping. The capping runs between the sheets to prevent the rain coming in. The three sheets of zinc were worth about 15s. Afterwards, at the police station, I saw some zinc similar to that on our roof.

THOMAS ANDREWS , P.C., 499 K. At 10.30 on October 8, I saw prisoner in Ford's Park Road. He was carrying a bag. He was about 10 minutes' walk from Mr. Pilbrow's shop in the Victoria Dock Road. I asked him what he had got in the bag, and he said." Some old tins I found on a piece of waste ground." I examined the bag and found it contained zinc, which appeared to have been fresh stripped from a roof. I then took him to the station and charged him with unlawful possession. He made no reply. Subsequently he was charged with stealing.

Verdict, Guilty. Several previous convictions were proved. Sentence, Twelve months' hard labour.

Mr. Knight drew attention to the conduct of the police. The arrest, which led eventually to conviction, was made entirely on the initiative of the constable.

The Common Serjeant said he did not know what the standing of the constable might be, but he had acted like a man of considerable experience, and his conduct did him great credit.

NEW COURT; Wednesday, October 31.

(Before the Common Serjeant)

22nd October 1906
Reference Numbert19061022-75
VerdictGuilty > pleaded part guilty; Not Guilty > unknown
SentenceImprisonment > hard labour; Miscellaneous

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MANSFIELD, William, 23, labourer, and MANSFIELD, Robert, 17, labourer; both breaking and entering the Hale End Church Schoolhouse and stealing therein a clock and two lamps, the goods of Arthur Nelson and others, and feloniously receiving same. William Mansfield pleaded guilty to larceny, but not to breaking and entering. Robert Mansfield pleaded not guilty.

Mr. Eustace Fulton prosecuted.

JAMES HENRY HALL , 39, Hale End Road, Walthamstow. I am caretaker of the Hale End Free Church. On October 5 last I was upon the premises of the Hale End Free Church Sunday School in the morning and left about half-past 12. I noticed there the clock and lamps which are the subject of this charge. When I returned about three o'clock I found that a chair was not in its proper position and on looking round I missed the lamps. Later I noticed that one window had been forced open. The clock and lamps produced are those which I missed.

ARTHUR NELSON , printer, Higham's Park, Walthamstow. I am one of the trustees of the Hale End Free Church, and the clock and lamps belong to us.

WILLIAM CHAPMAN , P.C. 288 N. On October 5 last I was on duty at Higham's Park, Walthamstow, when my attention was directed to some men in a cart. That was between 10 and 11 in the morning. Where I was stationed was about a quarter of a mile from the Hale End Free Church School Prisoners are two of the men. I took their names and addresses, and I told them to move off the estate altogether. They then drove away.

JOHN CLEMENTS , coffee-house keeper, Granville Buildings, South Woodford. I remember on Saturday, October 6, prisoner Robert Mansfield came to my door and offered two brass lamps for sale. I looked at them and said I did not want to buy them. There was a dock in the cart uncovered. Prisoner asked me to buy it, and I said I did not mind if I did buy that. With that he brought it into my shop and hung it up on the wall on a nail, This was between 9 and 10 in the morning. The elder prisoner was banding by the cart. Later in the day I paid them 6s. for the clock. I asked them where they bought the clock, and they said they bought it at a sale. The goods in the cart were quite open and uncovered.

WALTER ELLIS , greengrocer, 25, Temple Street, Leytonstone. I remember Saturday, October 6. At one o'clock I was having my dinner at Mr. Clements's coffee-house. I remember prisoners speaking to me. I knew them by sight, as I had seen them hawking things before. They asked me whether I would buy two or three things. They said they had bought some things at a sale. They said also they had two lamps and had just sold a clock to dements, and I saw it hanging up in the shop. When Clements came in one of the prisoners asked him if he was satisfied with it, and he said, "I may as well pay." I went out to look at the lamps, and finally bought them for 5s., as they were a bit out of order. I afterwards gave them up to the detective.

WILLIAM BRADLEY , Detective, N Division, stationed at Walthamstow. On October 13, about six in the evening, I arrested William Mansfield. On the same evening, about 9.40, I went to Wanstead Police Station, where prisoner Robert was detained. I told him I was a detective officer and was going to arrest him for being concerned with his brother William in stealing a clock and two lamps from Hale End Church on the 5th of this month. He replied, "Quite right." I conveyed him to Walthamstow, about four miles distant, in a cab. When about half way he said, "I did not steal the lamps; my brother had the money for them." After he was charged at Walthamstow Police Station, he said, "You have made a great mistake—a grand mistake." On the following day (Sunday), October 14. prisoner called me to his cell about seven o'clock in the evening

and asked me to put him in communication with a solicitor, saying that the could prove where he was. At the same time he handed me a letter. He also said, "I only came back on Thursday, and I have been knocking about George Lane. That is where we were when the clock and lamps were brought there on Saturday morning." No importance was attached to the letter, which was handed back to him.

To Prisoner, Robert Mansfield. When you asked for a solicitor I did not tell you to go and have a sleep. I told you I would see what I could do for you in the morning, and, in fact, I did send a solicitor to you the following morning.


ROBERT MANSFIELD (prisoner, on oath). On October 5 I was coming down Forest Road, when my brother and another chap stopped me and asked me if they could have a ride. I said, "Yes, jump up," and they did so. We then went to try and buy some fowls, and as I was coming away from the house where I had been trying to buy the fowls Constable Chapman came up to me and my brother and this other chap and said, "What is your name and address?" and we told him. The constable stood against the cart about three minutes. We then went to George Lane, Woodford, where I saw a mam named Robert Fenton in the "Railway Belle" public-house. After leaving him I went to Chigwell Lane by train to bay a pony. I saw a pony in the field by the side of the house, but did not trouble about it because it was too poor (thin). When I came back from Chigwell Lane it was about half-past six. I called home and had some tea. I afterwards saw my brother coming down George Lane in my pony and cart, and I told him to meet me there at seven o'clock. He did not come, and I went down to my mother's house, 22, Albion Road, Wood Street, Walthamstow. Later on I saw my brother and told him to bring the cart down to me at George Lane the following morning. When he came he had the clock and the two lamps in the curt and told me he had been trying to sell them but could not I asked him where he got them from, and he said, "I bought them at a sale at Chingford alter I left you." He then said, "Do you know where I can sell them?" I said, "I will try." We then went to Mr. Clements's shop and offered him the clock and lamps. He bought the clock, and Ellis, who was in the shop, bought the lamps.

Cross-examined. When my brother told me he had bought the things at a sale I asked him where he got the money from because I knew he had not any money. He said he borrowed it of a man named Jack Purkiss. I believed that, because I know Jack Purkiss well, and so does the detective.

Verdict, Robert Mansfield, Not guilty. William Mansfield confessed to a previous conviction for felony before a Court of

Summary Jurisdiction, and a number of convictions for larceny were proved.

Sentence, 12 months' hard labour, with two years' police supervision.

22nd October 1906
Reference Numbert19061022-76
VerdictGuilty > unknown
SentenceMiscellaneous > sureties

Related Material

JACOMB, Josiah William; JACOMB, Albert Edward; both making and printing and procuring for the purpose of sale, divers obscene books and unlawfully selling a certain obscene book.

Mr. Bodkin prosecuted; Mr. Warburton defended.

The book in question, said Mr. Bodkin, was entitled "Womanhood, a Book for Ladies, by Medicus." It dealt with various phases of married life and with sexual relations, in places in a very plain and open way. There were also dealt with the duties of the mother and the duties of the husband, and the various illnesses and affections of men and women in their sexual capacities. The police having during the summer received complaints caused a letter to be written in the name of a woman to the Rational Publishing Company, No. 2, Wingfield Street, Stratford, enclosing seven stamps, the price of this booklet, and the book was duly received by the police officer who had written the letter. On September 2, a search warrant having been issued, Inspector Godley went to the premises of the Rational Publishing Company, where he found the two defendants, the premises being a warehouse with three floors, the ground floor being the printing office, the first floor a typesetting room, and the second floor a store and work room. Josiah Jacomb, asked whether he was the person carrying on business, said he and his brother were equally responsible for the publication. In the presence of the other prisoner, on the first floor Josiah Jacomb said, with reference to the books, "We have not got any. We send them out as they are printed. They are distributed by a men and a boy in various parts of London. We did not think the distribution did any harm." Albert Jacomb said they had got the idea from a book called "The Wife's Guide and Friend." Twelve complete copies of the book were found on the premises and a number of unstitched leaves. The book was told first at 1s. 6d. and then sit 7d., but the price woe afterwards advanced to 1s. As the contents were such as are circulated amongst the medical profession, there might be a difficulty in saying that the book was an obscene libel within the law, but scattered broadcast amongst men and women, just married or otherwise, some of the passagee, as the defendants had now admitted, amounted to obscenity. With some disgusting passages the book contained practical advice to both husbands and wives upon their married relations.

Mr. Warburton admitted it was not a scientific work.

Mr. Bodkin said there was nothing in the book he could draw attention to as not being couched in accurate and moderate language. There was no obscenity of allusion and no levity with regard to matters discussed.

The Common Serjeant. It evidently ought not to come into the hands of boys and girls.

Mr. Bodkin said if the leaflets were put into letter-boxes and servant girls or any young people of the household got hold of the book it would be mischievous, and it was from that point of view the prosecution had been taken up. The defendants having admitted the book to be obscene, it was for his lordship to say whether the end of the prosecution had not been arrived at.

Mr. Warburton said defendants were men of great respectability, and the book on the face of it could hardly be called obscene, and it would not appear to any fair-minded person that it was intended in any way to create feelings of pruriency and to appeal to the baser sentiments of the people; but it was not a book that should be circulated.

The Common Serjeant. As far as I can see it should not be put into the hands of anybody who could buy it, but I do not see anything which is in itself likely to corrupt. There is no suggestion that other and more objectionable things are published with this book?

Mr. Bodkin. No, my lord.

Mr. Warburton. The book appears to be a sort of boiled down, version of three books which are circulated perfectly openly. It really is put in popular language.

The Common Serjeant The things in it may be right or wrong; I have not studied it, and I do not know; but the substance of the book, if it is correct, must of course be found in surgical and medical treatises.

Mr. Warburton. There is no levity in the book or double entendre or joking or anything of the kind. Defendants had had no warning, but were simply pounced upon at once.

The Common Serjeant. I think the justice of the case will be met by their being bound over to insure their not publishing either this book or anything of the kind.

Prisoners were accordingly bound over in the sum of £50 to come up for judgment if called upon and to be of good behaviour.


NEW COURT; Friday, October 26.

(Before Mr. Recorder.)

22nd October 1906
Reference Numbert19061022-77
VerdictGuilty > lesser offence; Not Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment

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PARTRIDGE, Francis (33, carpenter), PARTRIDGE, James (63, carpenter), and BARTEN, Allen (22, labourer); feloniously breaking and entering the dwelling-house of Isaac Mawson Brash and stealing therein a dish, a cape, and other articles, his property, and feloniously receiving same.

Francis Partridge pleaded guilty.

Mr. Bohn prosecuted.

FLORENCE BRASH , wife of Isaac Mawson Brash, Ellengowan, Dorset Road, Merton. On August 15 I left my house for my holidays and returned on September 13. On September 6 I received a wire, in consequence of which my husband returned to town. I found the house had been broken into, and missed some property. These articles now produced are mine; they are plated goods. They were locked up in a wardrobe in a bedroom at the back of the house. I also missed some jewellery, I identify this ring as my property. I had similar studs to these now shown to me, but I should not like to swear these are mine.

Barton. Those studs do not belong to the witness.

JOHN GILLAN , Sergeant, V Division. I went to 3, Strathfield Road, Earlsfield, on September 24, with Detective-Inspector Scott. I saw James Partridge at the door, and said to him, "You know met" He said, "Yes." I said, "You know that plate I was speaking to you about the other day? We believe you are the man that offered it in pledge." He said, "What, me? I have done nothing of the kind. I have never seen the plate." I said, "Very well, Read has made a statement. (He is a pawnbroker.) You will have to come to the station, where you will be confronted with him." He said nothing. At the station he and Read were confronted. Read said that on the morning of September 6 James Partridge came to his shop at Station Terrace, Earlsfield, Wandsworth, and said that he had some stuff to sell, that he (the pawnbroker) went to James's place, 3, Strathfield Road, and there saw a quantity of silver plate, that he declined to buy it, but that the same afternoon the prisoner James brought this plate (produced) to his shop and asked him to take it in pledge. Read said that James had told him it was brought there by a lodger. James said, "Mr. Read. I am surprised at you; I never said anything about a lodger." Subsequently, after the pawnbroker had left, James said to me, "On Saturday night, about a fortnight ago, my son Frank, who is in custody, and another man brought it in, and on the following day I went and saw Mr. Read. He tame to my house, and I brought him the stuff in the afternoon." When he was charged he made no reply. It was on September 24 that he made the statement On October 10 I served Barton with additional evidence. When I handed it over to him, he said, "I must admit I was with them when they got rid of the stuff, and I knew it was pinched."

Barten. I think the officer is telling an untruth about me saying the stuff was pinched.

Witness. You said that to me at the Wimbledon Police Station.

HERBERT READ , 348, Garrett Lane, Earlsfield, manager to Messrs. Frederick Needes and Sons, pawbrokers. These articles here were brought to me by James Partridge on September 6 last, I went to his house first of all, and he asked me to buy them, and later in the day he asked me if I would take them in pawn, bringing them in a carpenter's tool-bag. I refused to have anything to do with them. He told me he had a lodger, and the lodger had come to him and asked him if he could put his tool-bag in the back, that he had consented, and that he had not seen the lodger since. I told him I should hold the stuff and hand it over to the police. He said he had had nothing to do with it. I have known him at a customer at our shop and have always taken him to be straightforward. He gave me a description of his lodger, which I gave to the police. They fetched the goods away.

Cross-examined by James Partridge. I deny that I said to you that the best thing you could do was to bring the stuff up to my place and I would give it to the police for you, and that when you did so and came in later I told you that it had gone up the road and that you said, "Are you sure I am all right?" and that I said to you, "Yes, if you keep your mouth shut; mind you, if this man comet who pinched this, you tell him you have chucked it in the river," and that you said to me, "How about the police?" and that I said to you, "If the police come, tell them you know nothing About it." There is no truth in it.

ARTHUR AGAR , gardener to Mrs. Brash. On September 5 last I was at work at the premises in question and left everything safely locked up. Next morning I found the house had been broken into. The prisoners had nothing whatever to do with the premises. I do not know them at all.

P.C. WILLIAM COURTIER , 83 V. On September 6 I received information about the premises being broken into and went there. I found marks of burglars having entered.

ALBERT HORACE LULEY , 91, Lavender Hill, Battersea, pawnbroker. This ring (produced) was pawned with me by Barten, who gave the name of "Charles Jones," on September 6, about 11.30 a.m. I lent him 2s. on it I failed to identify him at the police station, but I am now positive of him.

Cross-examined by Barten I have seen no other man here that I can recollect.

By the Court. At the police station I touched the wrong man and then went out I was shown Barten afterwards. Sergeant Gillan said, "That is the man."

The Recorder. I do not think your identification is worth much

GOLDEN BARRELL , Sergeant, V Division. On October 3 last, at 6.30 a.m., I went to Huntsmoor Road, Wandsworth, and there saw Barten. I told him I was a police officer and that he answered the description of a man who pledged a ring at Mr. Needes', pawnbroker, Lavender Hill, on September 6; also that he answered the description of a man who was seen at 3, Strathfield Road, Earlsfield, at two a.m. on September 6, with Francis Partridge, with a quantity of stolen plate in their possession, and that I should arrest him. He said, "I don't know anything about it; I don't know Partridge"; but afterwards he said, "I must admit that about three weeks ago I was with Francis Partridge and my girl drinking at the 'Sailor Prince' public-house, Earlsfield." I took him to the police station, where he was placed with 10 others and at once identified by Mrs. Partridge.

The Recorder ruled that Mrs. Partridge's evidence was inadmissible as against her husband and the other prisoners where they were indicted together.

Examination continued. No one else identified him. Barten, when charged, replied: "Yes, I know what I am here for." I searched him and found these two studs upon him.

Barten. I said I knew Francis Partridge by sight, but I did not know his name.

FREDERICK HARVEY , Sergeant; V Division. On September 6, at 11.30 a.m., I was near the Clapham Road Electric Railway Station, and saw Barten and Francis Partridge with two other men in conversation. I kept them under observation for about 45 minutes.

Barten. I was with him that morning.

Barten's statement before the Magistrate. "One of the studs belongs to me and the other one belonged to my young brother."


JAMES PARTRIDGE (prisoner, on oath). Francis Partridge is my son. Barten is no relation. I wish to say that I simply asked the pawnbroker (Read) for advice, as the staff had been left on my premises by two men. My son and Barten brought it on Wednesday, September 5, and it was left there until Friday, when I spoke to Mr. Read about it. He said he would come and look at it He did so, and said, "It is very dangerous to have that in your possession. If the police see it you would get sent to prison. If you bring it up to my shop I will give it to the police for you, and you will never hear any more of it." I took it and left it with him Later in the day I called again at left shop, and he said, "It has gone up the road," meaning this stuff; "you will hear nothing; more about it if you keep your mouth stint. If the parties come that stole it, say you have chucked it in the river; if the police come

say you know nothing about it." I went away, and about ten days afterwards I was arrested.

Cross-examined. The stuff was brought in to my place at past midnight. It struck me as being a funny time to bring in a lot of valuable plate. It frightened me and my wife. I strongly deny that I tried to sell it. I was anxious to get rid of it off my premises. I did not ask my son or Barten how they came by it. I told them they could not leave it there. I now wish I had gone at once to the police. It is untrue that I told any tale about a lodger.

ALLEN BARTEN (prisoner, on oath). On the night when this burglary was supposed to be committed I can prove that I was at home. I know nothing whatever about the ring and I did not pawn it. I took no part in this burglary. The two studs-belong to my brother and mother. I was with Francis on September 6. I knew him by sight and met him casually as I was walking along.

Cross-examined. I wish to call my brother. He was called at the police court. It is not true what James Partridge has said. I was in bed at the time he mentioned.

The Recorder. James Partridge's evidence is only evidence on his own behalf and what he says is not evidence against another prisoner.

Mr. Bohn. I have no evidence that Barten is one of the men who took the goods to Partridge's.

(Saturday, October 27.)

ALFRED BARTEN , porter, 8, Huntsmoor Road. Wandsworth. Of the two studs produced one belongs to me and one belongs to my mother, with whom I live at home. They belonged to my father, who is dead.

Verdict, James Partridge Guilty of feloniously receiving; Allen Berten acquitted on the ground of insufficient evidence; Francis Partridge confessed to a previous conviction.

Sentences, Francis Partridge, five years' penal servitude; James Partridge, five days' imprisonment.

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